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Meeting

THE M I N U T E S

No.

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OF T H E B O A R D OF R E G E N T S OF

THE U N I V E R S I T Y

Pages

June

OF T E X A S

1 - 84

9,

Austin,

1988

Texas

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TABLE OF CONTENTS THE MINUTES OF THE BOARD OF REGENTS OF THE U N I V E R S I T Y OF TEXAS SYSTEM JUNE 9, 1988 AUSTIN, TEXAS M E E T I N G NO. 833

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IV.

V.

Attendance Welcome by Dr. William H. Cunningham, P r e s i d e n t of The U n i v e r s i t y of Texas at Austin, and R e p o r t on Plan II Honors Program by Dr. Betty Sue Flowers

1

Report on Texas Equal E d u c a t i o n a l O p p o r t u n i t y Plan by Mr. G e r a l d Wright, A s s i s t a n t C o m m i s s i o n e r for Educational O p p o r t u n i t y Planning, Texas Higher E d u c a t i o n C o o r d i n a t i n g Board U. T. Board of Regents: Approval of Minutes of Regular M e e t i n g Held on April 14, 1988

3

SPECIAL

3

ITEM

U. T. BOARD OF REGENTS Regents' Rules and Requlations, Part One: A m e n d m e n t to Chap-~r VI, Section 6, Subsection 6.12(9) (Solicitation) VI.

REPORTS AND R E C O M M E N D A T I O N S COMMITTEES A.

REPORT OF EXECUTIVE PERMANENT UNIVERSITY .

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OF STANDING

COMMITTEE

4 4

FUND

Investment A d v i s o r y Committee: A p p o i n t m e n t of Mr. Michael J. C. Roth, San Antonio, Texas, to a Term Ending A u g u s t 31, 1990 (Exec. Com. Letter 88-18)

4

U. T. SYSTEM .

E m p l o y m e n t of Fayez Sarofim & Co., Houston, Texas, and D i s c i p l i n e d Investment Advisors, Inc., Evanston, Illinois, as Additional Investment Counselors; Authorization of Initial Amounts to be Managed; and A u t h o r i z a t i o n for the Executive Vice Chancellor for Asset M a n a g e m e n t to Execute Investment C o u n s e l i n g Agreements (Exec. Com. Letter 88-20)

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U. T. A R L I N G T O N .

E n g i n e e r i n g B u i l d i n g A d d i t i o n and R e n o v a t i o n (Project No. 301-475): A w a r d of C o n t r a c t for Furniture and Furnishings to R e f l e c t o r Hardware C o r p . - S p a c e m a s t e r Systems, Melrose Park, Illinois, and Authorization for the C h a n c e l l o r to Sign the Contract (Exec. Com. Letter 88-19)

U. T. SAN ANTONIO .

Lutcher Center: R e q u e s t for Approval to Sell 13.727 Acre Tract at 636 Ivy Lane, Terrell Hills, San Antonio, Bexar County, Texas, to Mr. and Mrs. Emilio Nicolas, San Antonio, Texas (Exec. Com. Letter 88-19)

U. T. S O U T H W E S T E R N M E D I C A L .

B.

CENTER - DALLAS

M c D e r m o t t Academic A d m i n i s t r a t i o n B u i l d i n g and M c D e r m o t t Plaza Waterp r o o f i n g (Project No. 303-686): A w a r d of C o n s t r u c t i o n Contract to H e n r y B u i l d i n g & Engineering, Inc., Lancaster, Texas (Exec. Com. Letter 88-20)

REPORT AND R E C O M M E N D A T I O N S AND AUDIT COMMITTEE

OF THE FINANCE

U. T. SYSTEM .

.

Approval of Chancellor's No. 40 (Catalog Change)

Docket

P e r m i s s i o n for Mr. R o b e r t L. Conrad to Serve on the Interstate Oil Compact C o m m i s s i o n Public Lands Committee [Regents' Rules and Re~_~ lations, Part One, Chapter III, S e c t l ~ 13, Subsections 13.(10) and 13.(11)]

.

Approval of N o n - P e r s o n n e l Aspects of the 1988-89 O p e r a t i n g Budgets, Including A u x i l i a r y Enterprises, Grants and Contracts, D e s i g n a t e d Funds, R e s t r i c t e d Current Funds, and Medical and Dental Services, R e s e a r c h and D e v e l o p m e n t Plans and A u t h o r i z a t i o n for the Chancellor to Make Editorial Corrections T h e r e i n

.

A w a r d of Contract for 1988-89 to A m e r i c a n General Life Insurance Company, Dallas, Texas, for Employee Group Health, Dental, Life, Accidental Death and LongTerm D i s a b i l i t y Insurance Effective September i, 1988

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AUSTIN

A u t h o r i z a t i o n to A m e n d E x i s t e n t Shuttle Bus Contract with Laidlaw Transit, Inc. (Laidlaw), Van Nuys, California, and Award Shuttle Bus Service Contract to Capital Metropolitan Transportation Authority (Capital Metro), Austin, Texas, E f f e c t i v e for Five-Year Period B e g i n n i n g September i, 1988

REPORT AND R E C O M M E N D A T I O N S AFFAIRS COMMITTEE

ii

OF THE ACADEMIC 43

U. T. BOARD OF REGENTS AND U. T. A U S T I N .

A p p o i n t m e n t of (a) Mr. John Fainter, Austin, Texas, as Regental Representative to Intercollegiate Athletics Council for Men and (b) Mrs. Nancy Inman, Austin, Texas, as Regental R e p r e s e n t a t i v e to Intercollegiate Athletics Council for Women Effective September i, 1988

43

U. T. SYSTEM AND U. T. A U S T I N .

P e r m i s s i o n for Drs. Hans:Mark, W i l l i a m L. Fisher, A u s t i n M. Gleeson, H e r b e r t H. W o o d s o n and N o r m a n H a c k e r m a n to Serve as Members of the Texas Scientific A d v i s o r y Council [Regents' Rules and Regulations, Part One, Chapter III, Section 13, Subsections 13.(10) and 13.(11)]

43

U. T. A R L I N G T O N .

Approval of Rental Rates for Univ e r s i t y - O w n e d Residence Halls (Dormitories), U n i v e r s i t y Village and Other Apartments Effective Fall Semester 1988 (Catalog Change)

44

U. T. A U S T I N .

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A u t h o r i z a t i o n to E s t a b l i s h a Ph.D. Degree in Slavic Languages and to Submit the Program to the Coordinating Board for Approval (Catalog Change)

46

A p p o i n t m e n t s to E n d o w e d Academic Positions in the (a) School of Architecture, (b) College of Business A d m i n i s t r a t i o n and the Graduate School of Business, (c) College of Fine Arts, (d) School of Law and (e) College of Natural Sciences Effective September i, 1988

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U. T. AUSTIN .

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Permission for Dr. William L. Fisher to Serve as a Member of the National Petroleum Council [Regents' Rules and Requlations, Part One, Chapter III, Section 13, Subsections 13.(10) and 13.(11)]

48

Authorization to Grant a ThirdYear Leave of Absence Without Pay to Dr. Thomas G. Muir, Jr., Applied Research Laboratories (ARL), for the 1988-89 Fiscal Year (Part One, Chapter III, Section 16, Subsection 16.4 of the Regents' Rules and Requlations)

49

Approval of Changes in Compulsory Student Services Fees Effective with the Fall Semester 1988 (Catalog Change)

49

Approval to Name the New Marine Science Institute Shoal Draft Vessel the Etta Armstrong (Regents' Rules and Requlations, Part One, Chapter VIII, Se-6-~n i, Subsection 1.2, Naming of Facilities Other Than Buildings)

50

U. T. DALLAS 10.

ii.

12.

13.

Approval to Grant a Second-Year Leave of Absence Without Pay to Dr. Murray J. Leaf, School of Social Sciences, for the 1988-89 Academic Year (Part One, Chapter III, Section 16, Subsection 16.3 of the Regents' Rules and Requlations)

50

Dr. Ram C. Rao Appointed Initial Founders' Professor for the 1988-89 Academic Year Only Effective September i, 1988

50

Appointment of Mr. George A. McMechan as Initial Holder of the Ida M. Green Professorship for the 1988-89 Academic Year Only Effective September I, 1988

50

Establishment of the Erik Jonsson School of Engineering and Computer Science Advisory Council and Approval of Initial Nominees Thereto

51

U. T. EL PASO 14.

Dr. J. P. Hsu Holder of the Mrs. Macintosh in Engineering diately

Appointed Initial First Mr. and Murchison Chair Effective Imme-

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A p p r o v a l to Increase the Compulsory S t u d e n t Services Fee Effective w i t h the Fall S e m e s t e r 1988 (Catalog Change)

51

U. T. T Y L E R 16.

A p p o i n t m e n t of (a) Dr. John X. Evans and (b) Dr. R o b e r t J. L o e w e n b e r g as Initial Holders of the M a r y J o h n and R a l p h Spence D i s t i n g u i s h e d P r o f e s s o r s h i p for the Second Summer S e s s i o n 1988 Only

51

U. T. ARLINGTON, U. T. AUSTIN, Uo T. DALLAS, U. T. EL PASO, U. T. P E R M I A N BASIN, U. T. SAN ANTONIO, U. T. T Y L E R AND U. T. INSTITUTE OF T E X A N CULTURES - SAN A N T O N I O 17.

D.

N o m i n e e s to D e v e l o p m e n t Boards and A d v i s o r y C o u n c i l s E f f e c t i v e September i, 1988

52

R E P O R T AND R E C O M M E N D A T I O N S OF THE H E A L T H AFFAIRS COMMITTEE

54

U. T. S O U T H W E S T E R N M E D I C A L CENTER - DALLAS .

A p p o i n t m e n t of Initial H o l d e r s (a) Paul C. Peters, M.D., to the E. E. F o g e l s o n and G r e e r G a r s o n F o g e l s o n D i s t i n g u i s h e d Chair in Urology, (b) D o u g l a s Sinn, D.D.S., to The R o b e r t V. W a l k e r D.D.S. D i s t i n g u i s h e d P r o f e s s o r s h i p in Oral S u r g e r y and (c) G o l d e r N. Wilson, M.D., to the P r o f e s s o r s h i p in P e d i a t r i c G e n e t i c s E f f e c t i v e Immediately

54

U. T. M E D I C A L B R A N C H - G A L V E S T O N .

A p p r o v a l of Rate Increases for D o r m i t o r i e s and A p a r t m e n t s Effective Fall S e m e s t e r 1988 (Catalog Change)

54

U. T. M.D. A N D E R S O N C A N C E R CENTER .

A p p r o v a l to A p p o i n t (a) Thomas P. Haynie, M.D., as Initial H o l d e r of the James E. A n d e r s o n Professorship in N u c l e a r M e d i c i n e and (b) V i c t o r A. Levin, M.D., as Initial H o l d e r of the B e r n a r d W. B i e d e n h a r n Chair in Cancer Research Effective Immediately

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U. T. S O U T H W E S T E R N M E D I C A L C E N T E R - DALLAS, U. T. M E D I C A L B R A N C H - GALVESTON, U. T. BU~ALTH SCIENCE CENTER - HOUSTON, U. T . H E A L T H SCIENCE C E N T E R - SAN ANTONIO, U . T . M . D . A N D E R S O N C A N C E R C E N T E R AND U. T° H E A L T H C E N T E R - T Y L E R .

N o m i n e e s to D e v e l o p m e n t Boards and A d v i s o r y Councils E f f e c t i v e September i, 1988

55

U. T. M E D I C A L B R A N C H - GALVESTON, U. T. M.D. A N D E R S O N C A N C E R C E N T E R AND U. T. H E A L T H CENTER - TYLER 5. E.

R e p o r t on H o s p i t a l O p e r a t i o n s

R E P O R T AND R E C O M M E N D A T I O N S OF THE B U I L D I N G S AND GRO~qDS C O M M I T T E E

56

57

U. T. S Y S T E M .

P e r m a n e n t U n i v e r s i t y Fund (PUF) B o n d Proceeds Capital I m p r o v e m e n t Program: A l l o c a t i o n of PUF B o n d P r o c e e d s R e s e r v e d for I n s t i t u t i o n a l E q u i p m e n t and L i b r a r y P u r c h a s e r and R e p a i r and R e h a b i l i t a t i o n P r o j e c t s for 1988-89

57

U. T. A U S T I N .

.

B a l c o n e s R e s e a r c h C e n t e r - Microe l e c t r o n i c s and E n g i n e e r i n g R e s e a r c h B u i l d i n g (Project No. 102-660): A p p r o v a l of Final Plans for Extenslon of Campus Utilities; A u t h o r i z a t i o n to A d v e r t i s e for Bids and for E x e c u t i v e C o m m i t t e e to A w a r d Contract; and A d d i t i o n a l Appropriation Therefor

62

F r a n k C. E r w i n C e n t e r Reroofing: A u t h o r i z a t i o n for Project; A p p r o v a l for S u b m i s s i o n to the C o o r d i n a t i n g Board; A u t h o r i z a t i o n to P r e p a r e Final Plans, A d v e r t i s e for Bids and for U. T. A u s t i n A d m i n i s t r a t i o n to A w a r d Contract; and A p p r o p r i a t i o n Therefor

62

U. T. SAN A N T O N I O .

Engineering/Biotechnology Building Phase I (Project No. 401-616): A p p r o v a l of Final Plans for Campus Site I m p r o v e m e n t Work; A u t h o r i z a t i o n to A d v e r t i s e for Bids and for Executive C o m m i t t e e to A w a r d Contract; and A d d i t i o n a l A p p r o p r i a t i o n T h e r e f o r

63

U. T. S O U T H W E S T E R N M E D I C A L C E N T E R - DALLAS .

The M a r y Nell and R a l p h B. Rogers M a g n e t i c R e s o n a n c e Center (Project No. 303-674): A p p r o v a l of Final Plans; A u t h o r i z a t i o n to A d v e r t i s e for Bids and for E x e c u t i v e C o m m i t t e e to A w a r d Contracts; and A d d i t i o n a l A p p r o priation Therefor

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U. T. M E D I C A L BRANCH - G A L V E S T O N .

Medical Sciences and E d u c a t i o n B u i l d i n g (Project No. 601-665): A p p r o v a l of P r e l i m i n a r y Plans; A u t h o r i z a t i o n to Change Name to Medical R e s e a r c h Building; Approval for Submission to the C o o r d i n a t i n g Board; and A u t h o r i z a t i o n to Complete Final Plans

U. T. M.D. A N D E R S O N .

.

.

F.

CANCER CENTER

Land Use Master Plan: Authorization to Prepare Land Use Study and A p p r o p r i a t i o n T h e r e f o r

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U. T. M.D. A n d e r s o n Hospital U p g r a d i n g of Mechanical Systems Phase II (Project No. 703-689): Approval of P r e l i m i n a r y Plans; A u t h o r i z a t i o n for S u b m i s s i o n to the C o o r d i n a t i n g Board; Authorization for P r e p a r a t i o n of Final Plans; and Additional A p p r o p r i a tion Therefor

66

R. E. "Bob" Smith R e s e a r c h Building - U p g r a d i n g and E x p a n s i o n of M e c h a n i c a l Systems: Authorization for Project; A p p o i n t m e n t of Spencer Engineers, Inc., Houston, Texas, Project Engineer to Prepare Final Plans; A u t h o r i z a t i o n for Subm i s s i o n to the C o o r d i n a t i n g Board; and A p p r o p r i a t i o n T h e r e f o r

67

REPORT AND R E C O M M E N D A T I O N S INVESTMENT COMMITTEE i.

65

Permanent University

OF THE LAND AND 68 Fund

Investment Matters R e p o r t on Clearance of Monies to the P e r m a n e n t U n i v e r s i t y Fund for M a r c h and April 1988 and Report on Oil and Gas D e v e l o p m e n t as of April 30, 1988 2.

Trust and Special Gifts,

Be~aests

69

Funds

and Estates

U. T. AUSTIN .

A c c e p t a n c e of Gifts from Various Donors and Establishment of the A u s t i n Ad Club Endowed Scholarship in A d v e r t i s i n g in the College of C o m m u n i c a t i o n

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AUSTIN

U n n a m e d P r o f e s s o r s h i p in the D e p a r t m e n t of Computer Sciences and U n n a m e d P r o f e s s o r s h i p in the D e p a r t m e n t of A s t r o n o m y in the College of Natural Sciences Approval to Designate as the W i l l i a m B. Blakemore II Regents P r o f e s s o r s h i p in Computer Sciences and the William B. Blakemore II Regents Professorship in A s t r o n o m y

-

70

Effie Marie Cain Regents Chair in Fine Arts in the College of Fine Arts - Acceptance of Additional Gift from an Anonymous Donor and E l i g i b i l i t y for M a t c h i n g Funds Under The Regents' E n d o w e d Teachers and Scholars Program

7O

A c c e p t a n c e of Pledge from Mr. and Mrs. Joe Christie, Austin, Texas, and E s t a b l i s h m e n t of the Joe and Tana Christie Endowed P r e s i d e n t i a l Scholarship in Nursing in the School of N u r s i n g and E l i g i b i l i t y for M a t c h i n g Funds Under The Regents' E n d o w e d Student Fellowship and Scholarship P r o g r a m

71

C. C. and Lottie Mae Colvert Fellowship and D e v e l o p m e n t Fund in the Community College Leadership P r o g r a m in the College of Education - A c c e p t a n c e of Additional Gifts from Various Donors, R e d e s i g n a t i o n as the C. C. and Lottie Mae Colvert Fellowship and E l i g i b i l i t y for M a t c h i n g Funds Under The Regents' E n d o w e d Student Fellowship and Scholarship Program

71

C. W. Cook P r o f e s s o r s h i p in E n v i r o n m e n t a l E n g i n e e r i n g in the College of E n g i n e e r i n g - Acceptance of Additional Gift from Mr. C. W. Cook, Austin, Texas, and E l i g i b i l i t y for M a t c h i n g Funds Under The Regents' E n d o w e d Teachers and Scholars P r o g r a m and E s t a b l i s h m e n t of the Frances Crain Cook Endowed Lectureship in E d u c a t i o n in the College of Education

71

A l b e r t J. De Lange Memorial Scholarship in the School of Law Approval to A c c e p t Transfer of Funds and Redesignate as the A l b e r t J. De Lange Memorial Endowed Presidential Scholarship and E l i g i b i l i t y for M a t c h i n g Funds Under The Regents' Endowed Student Fellowship and Scholarship P r o g r a m

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AUSTIN

Acceptance of Gifts from Mr. Louis A. Beecherl, Jr., Dallas, Texas, and an Anonymous Donor and Establishment of the Engineering Education Leadership Chair in the College of Engineering and Eligibility for Matching Funds Under The Regents' Endowed Teachers and Scholars Program to Establish the Fifth Professorship in Computer Sciences in the College of Natural Sciences

72

College of Engineering: Acceptance of Pledge from an Anonymous Donor for a Two-for-One Challenge Grant and Authorization for U. T. Austin to Raise the Required Matching Funds from Private Sources and The Regents' Endowed Teachers and Scholars Program

72

Acceptance of Gift from Ms. Caroline S. Roberts, Austin, Texas, and Establishment of the Grosvenor-McKenna Endowment Fund for the Promotion of Rifle Marksmanship in the Division of Recreational Sports

73

Acceptance of Gifts from Dr. Lorraine I. Stengl, Wimberley, Texas, Dr. Clark Hubbs, Austin, Texas, an Anonymous Donor, Ms. Laura C. Hubbs, La Jolla, California, and Various Donors and Establishment of the Clark Hubbs Regents Professorship in Zoology in the College of Natural Sciences and Eligibility for Matching Funds Under The Regents' Endowed Teachers and Scholars Program

73

Acceptance of Gifts from Various Donors and Establishment of the Liberal Arts Council Endowed Scholarship for Study Abroad in the College of Liberal Arts

74

Liddell, Sapp & Zivley Professorship in Banking, Financial, Commercial and Corporate Law in the School of Law - Approval to Redesignate as the Liddell, Sapp, Zivley, Hill & LaBoon Professorship in Banking, Financial, C o m mercial and Corporate Law

74

Locke, Purnell, Boren, Laney & Neely Faculty Fellowship on Law in the School of Law - Approval to Redesignate as the Locke Purnell Rain Harrell Faculty Fellowship in Law

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McCamish, Ingram, Martin & Brown Room and McCamish, Ingram, Martin & Brown, Inc. General Endowment in the School of Law - Approval to Redesignate Room 3.212 in Townes Hall in the School of Law as the McCamish, Martin, Brown & Loeffler Room and the McCamish, Martin, Brown & Loeffler, Inc. General Endowment

74

Acceptance of Gift from Mr. Robert V. Tate, Houston, Texas, and Establishment of the Kay M. Nolen Memorial Endowed Presidential Scholarship in Law in the School of Law and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program

75

Acceptance of Gifts from Various Donors and Establishment of the Sam W. Papert, Jr. Advertising Scholarship in Media Sales in the College of Communication

75

Acceptance of Gifts from Various Donors and Establishment of the Frank Rizzo Advertising Scholarship in the College of Communication

75

Frances Rather Seybold and Frances Randolph Rather Seybold Endowed Scholarship in the College of Liberal Arts - Approval to Accept Additional Gift from William D. Seybold, M.D., Dallas, Texas, to Redesignate as the Frances Rather Seybold and Frances Randolph Rather Seybold Endowed Presidential Scholarship and to Amend the Purpose of the Scholarship

76

Acceptance of Gifts from Various Donors and Establishment of the Judge John V. Singleton Endowed Presidential Scholarship in Law in the School of Law

76

Acceptance of Transfer of Funds and Establishment of the Robert S. Strauss Fellowship Fund in the Lyndon B. Johnson School of Public Affairs and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program

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Acceptance of Pledge from an Anonymous Donor; Establishment of the Visiting Artists Chair and the Graduate Fellowships in the Fine and Performing Arts in the College of Fine Arts; Eligibility for Matching Funds Under The Regents' Endowed Teachers and Scholars Program; Establishment of the Visiting Chair in the Fine and Performing Arts in the College of Fine Arts; and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program

77

Acceptance of Gift from The University of Texas Foundation No. 2, Inc., Austin, Texas, and Establishment of the Richard Worley Endowed Fellowship in Economics in the College of Liberal Arts and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program

77

U. T. DALLAS 24.

General Studies Endowed Scholarship Fund - Approval to Redesignate as the Carolyn Galerstein General Studies Endowed Scholarship Fund

78

U. T. EL PASO 25.

26.

Acceptance of Bequest from the Estate of Miss Frederick Louise Etter, E1 Paso, Texas, and Establishment of the Miss Frederick Louise Etter Memorial Library Fund

78

Acceptance of Gift from the Government Employees Credit Union, E1 Paso, Texas, and Establishment of the R. C. Morgan Scholarship Fund

78

U. T. SOUTHWESTERN MEDICAL CENTER - DALLAS 27.

28.

Establishment of the E. E. Fogelson and Greer Garson Fogelson Distinguished Chair in Urology

78

Acceptance of Gifts from the Dallas Foundation for Health, Education and Research, Dallas, Texas, and the McDermott Foundation, Dallas, Texas, and Establishment of The Robert V. Walker D.D.S. Distinguished Professorship in Oral Surgery and Eligibility for Matching Funds Under the Texas Eminent Scholars Program

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U. T. MEDICAL BRANCH - G A L V E S T O N 29.

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A c c e p t a n c e of Gift from Dr. E. Burke Evans, Galveston, Texas, and Establishment of the Emergency Room Lectureship in Orthopaedics

79

Acceptance of Gift from Dr. and Mrs. Daniel L. Traber, Galveston, Texas, and E s t a b l i s h m e n t of the Kurt A n d e r s o n Traber Memorial Lectureship for Burn Research

79

U. T. H E A L T H SCIENCE 31.

Approval to A c c e p t Pledge from the Isla Carroll Turner Friendship Trust, Houston, Texas, and Redesignate the Isla Carroll Turner P r o f e s s o r s h i p in G e r o n t o l o g y as the Isla Carroll Turner Chair in G e r o n t o l o g i c a l N u r s i n g and Eligibility for M a t c h i n g Funds Under the Texas Eminent Scholars Program

U. T. M.D. 32.

33.

34.

35.

CENTER - H O U S T O N

ANDERSON

80

CANCER CENTER

James E. A n d e r s o n Chair in N u c l e a r Medicine - Approval to Redesignate as the James E. A n d e r s o n Professorship in N u c l e a r Medicine

80

Mattie Allen Fair Research Chair Approval to Transfer Income and to E s t a b l i s h the Mattie Allen Fair P r o f e s s o r s h i p in Cancer R e s e a r c h

80

A c c e p t a n c e of Bequest from the Estate of Ellen F. Knisely, Roanoke, Virginia

80

Report on E s t a b l i s h m e n t of Trust by Mr. W i l b u r n M. Smith, Monroe, Louisiana

81

U. T. M.D. A N D E R S O N CANCER CENTER AND U. T. S O U T H W E S T E R N M E D I C A L CENTER - DALLAS 36.

VII.

A c c e p t a n c e of Bequest from the Estate of Betty B. Marcus, Dallas, Texas, A u t h o r i z a t i o n for the Office of Asset M a n a g e m e n t to N e g o t i a t e the Sale of the P r o p e r t y and A u t h o r i z a t i o n for the Executive Vice Chancellor for Asset M a n a g e m e n t to Execute All Documents P e r t a i n i n g to the Sale

ITEM FOR THE RECORD

81

82

U. T. A U S T I N AND U. T. H E A L T H CENTER - SAN A N T O N I O

SCIENCE

Report of E x e c u t i o n of Documents R e l a t i n g to Pforzheimer Collection, San Antonio B i o t e c h n o l o g y E f f o r t and Texas Research Park, and R e s e a r c h B u i l d i n g

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EXECUTIVE U.

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T.

IX. X.

REPORT

OF REGENTS

CENTER

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- GALVESTON

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- TYLER

of M e d i c a l - Patricia

Liability Williams, 83

SAN A N T O N I O

83

SYSTEM A p p r o v a l of P e r s o n n e l A s p e c t s of the 1 9 8 8 - 8 9 O p e r a t i n g Budgets, Including Auxiliary Enterprises, Grants and Contracts, Designated Funds, R e s t r i c t e d C u r r e n t Funds, and M e d i c a l and D e n t a l S e r v i c e s , R e s e a r c h and D e v e l o p m e n t P l a n s and A u t h o r i z a t i o n for C h a n c e l l o r to M a k e A p p r o p r i a t e E d i t o r i a l Corrections Therein

OF B O A R D

SCHEDULED

BRANCH

m m m ~

A u t h o r i z a t i o n for O f f i c e of A s s e t M a n a g e m e n t to F i n a l i z e N e g o t i a t i o n s for the Sale of the L u t c h e r C e n t e r L o c a t e d in T e r r e l l Hills, San Antonio, B e x a r County, Texas, and A u t h o r i z a t i o n for E x e c u t i v e V i c e C h a n c e l l o r for A s s e t M a n a g e m e n t to E x e c u t e D o c u m e n t s R e l a t e d Thereto T.

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OF THE B O A R D

Settlement Litigation et al

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S e t t l e m e n t of C i v i l R i g h t s L i t i g a t i o n - A l i c e Copado, et al

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FOR LEASE

MEETING

OF U N I V E R S I T Y

LANDS

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M E E T I N G NO.

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THURSDAY, JUNE 9, 1988.--The members of the Board of Regents of The University of Texas System convened in regular session at 11:05 a.m. on Thursday, June 9, 1988, in the Regents' Meeting Room on the ninth floor of Ashbel Smith Hall in Austin, Texas, with the following in attendance: ATTENDANCE.-Present Chairman Blanton, p r e s ~ n g Vice-Chairman Ratliff Vice-Chairman Roden Regent Baldwin Regent Barshop Regent Beecherl Regent Moncrief Regent Yzaguirre Executive Chancellor Executive Executive Executive

Absent *Regent Hay

Secretary Dilly

Mark Vice Chancellor Duncan Vice Chancellor Mullins Vice Chancellor Patrick

Chairman Blanton announced meeting to order.

a quorum present

and called the

RECESS TO EXECUTIVE SESSION.--Chairman Blanton announced that the Board would recess to convene in Executive Session pursuant to Vernon's Texas Civil Statutes, Article 6252-17, Sections 2(e), (f) and (g) to consider those matters set out in the Material Su_~ortinq the Aqenda: litigation, land a c q u i s i ~ o n and personnel matters. RECONVENE.--At

2:00 p.m.,

the Board reconvened

in open session.

WELCOME BY DR. WILLIAM H. CUNNINGHAM, PRESIDENT OF THE UNIVERSITY OF TEXAS AT AUSTIN, AND REPORT ON PLAN II HONORS PROGRAM BY DR. BETTY SUE FLOWERS.--Chairman Blanton expressed appreciation to President Cunningham for the informal social event last evening (Wednesday) which allowed the Board to visit with many U. T. Austin friends and supporters. He then called on Dr. William H. Cunningham, President of The University of Texas at Austin (the host institution). On behalf of the faculty, staff and students of U. T. Austin, President Cunningham welcomed the members of the Board and other guests to Austin. He then introduced Dr. Betty Sue Flowers, Professor in the Department of English and Director of the Plan II Honors Program in the College of Liberal Arts at The University of Texas at Austin.

*Regent Hay was excused because

of a previous

commitment.

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Dr. Flowers reported that the Plan II Honors Program was established in 1935 and is recognized as one of the oldest and most prestigious honors programs in the country. Throughout its history, Plan II graduates have achieved prominence in the professions, academia, as well as business and civic leadership. Plan II is the only four-year honors program at U. T. Austin and challenges its students to develop their intellectual potential to the fullest. The core of the program is a highquality, interdisciplinary curriculum which features year-long courses, small seminar classes, independent study and flexible subject concentrations. Outstanding professors are selected to teach courses designed especially for Plan II students. Dr. Flowers noted that approximately 150 students are admitted to the Plan II Honors Program each year and applications for the program have tripled in the last six years. Seven years ago, three-fourths of the applicants were admitted to the program but now only about one-fourth of the applicants are admitted. Criteria for admission include an enthusiasm for learning for its own sake, a willingness to work, the capacity for imagination and originality and a strong academic record. Students are expected to maintain at least a 3.0 overall grade point average while fulfilling Plan II requirements. Dr. Flowers pointed out that the Plan II Program offers the superior facilities, faculty and libraries of the University along w i t h t h e personal attention, individual advising and collegiality of a small liberal arts college. Following Dr. Flowers' presentation, Vice-Chairman Ratliff, a graduate of the Plan II Honors Program, reiterated that Plan II is the most exciting educational opportunity that any person may get and that it really does meet the true definition of education in that it introduces an individual to the potential of life-long learning opportunities. On behalf of the Board, Chairman Blanton expressed appreciation to Dr. Flowers for her very informative report and echoed Vice-Chairman Ratliff's sentiments that the Plan II Honors Program is one of the finest undergraduate programs in the nation today. REPORT ON TEXAS EQUAL EDUCATIONAL OPPORTUNITY PLAN BY MR. GERALD WRIGHT, ASSISTANT COMMISSIONER FOR EDUCATIONAL OPPORTUNITY PLANNING, TEXAS HIGHER EDUCATION COORDINATING BOARD.--Chairman Blanton stated that he had asked Mr. Gerald Wright, Assistant Commissioner for Educational Opportunity Planning for the Texas Higher Education Coordinating Board, to summarize an excellent report that he recently presented to the Coordinating Board related to the Texas Equal Educational Opportunity Plan (Texas Plan). Mr. Wright reported that the Texas E q u a l Educational Opportunity Plan, which was adopted in 1983, is a five-year affirmative action plan aimed at increasing the numbers of minority students and employees in Texas public institutions of higher education. The Texas Plan outlines student enrollment goals based on 1978 enrollment trends and employment goals based on institutional affirmative action programs. Mr. Wright noted the following successes of the Plan: enhancement/improvement of various programs, improvement in faculty salaries, elimination of disparities between minority groups, improvement in recruitment of minority faculty/staff and improvement of minority representation on governing boards. He pointed out that one of the failures in the Texas Plan has been the inability to bring about a significant increase in freshmen minorities in Texas colleges.

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In summary, Mr. Wright commended the U. T. System on its progress in the recruitment and retention of Black and Hispanic students and employees and expressed gratitude for the cooperation and commitment of the Board in complying with the goals and objectives of the Texas Plan. He reiterated that much remains to be done to accomplish the goals to increase the enrollment and graduation rates of Black and Hispanic persons and to increase the numbers and proportions of minority faculty and staff in state supported institutions of higher education. Chairman Blanton expressed the Board's appreciation to Mr. Wright for this status report and stated that the Board looked forward to the five-year report on the Texas Plan due later in 1988.

T. BOARD OF REGENTS: APPROVAL OF MINUTES OF REGULAR MEETING HELD ON APRIL 14, 1988.--Upon motion of Regent Barshop, seconded by Regent Beecherl, the Minutes of the regular meeting of the Board of Regents of The University of Texas System held on April 14, 1988, in Galveston, Texas, were approved as distributed by the Executive Secretary. The official copy of these Minutes is recorded in the Permanent Minutes, Volume XXXV, Pages 2595 - 3558. U.

SPECIAL ITEM

U. T. Board of Regents - Reqents' Rules and Regulations, Part One: Amendment to Cha2ter VI, ~ n 6, Subsection 6.12(9) ( ~ ~ - - A p p r o v a l was given to amend the Regents' Rules and Regulations, Part One, Chapter VI, Section 6, Subsection 6.12(9) concerning solicitation to read as set forth below: (9) The solicitation of funds by any organization that can present to the chief administrative officer, or his or her delegate, written evidence from the Internal Revenue Service that the organization has been granted an exemption from taxation under 26 U . S . C . A . 501(c)(3) (Internal Revenue Code). No organization may solicit under this subdivision for more than a total of fourteen days, whether continuous or intermittent, during each state fiscal year.

RECESS FOR COMMITTEE MEETINGS AND COMMITTEE REPORTS TO THE BOARD.--At 2:25 p.m., the Board recessed for the meetings of the Standing Committees and Chairman Blanton announced that at the conclusion of each committee meeting, the Board would reconvene to approve the report and recommendations of that committee. The meetings of the Standing Committees were conducted in open session and the reports and recommendations thereof are set forth on the following pages.

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REPORTS AND RECOMMENDATIONS

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OF STANDING COMMITTEES

REPORT OF EXECUTIVE COMMITTEE (Pages 4 - 6).--In compliance with Section 7.14 of Chapter I of Part One of the Regents' Rules and Reg_ulation____ss, Chairman Blanton reported to the Board for ratification and approval all actions taken by the Executive Committee since the last meeting. Unless otherwise indicated, the recommendations of the Executive Committee were in all things approved as set forth below: .

Permanent Universit Z Fund - Investment Advisor Z Committee: Appointment of Mr. ~ c h a e l J. C. Roth, San Antonfo, Texas, to a Term End-l-n- Au st 31, 1990 (Exec. Com. Letter 88-18)?----~ Executive C ~ t e e r-eco~ded a n d t--~ Board approved the appointment of Mr. Michael J. C. Roth, Chief Operating Officer of USAA Investment Management Company, San Antonio, Texas, to replace Mr. Harold W. Hartley, Mabank, Texas, to the Investment Advisory Committee for the Permanent University Fund of The University of Texas System for a term ending August 31, 1990. With this appointment, the membership Advisory Committee is as follows:

of the Investment

Term Expires Andrew Delaney Edward Randall III Michael J. C. Roth John T. Stuart III John T. Trotter E. L. "Pete" Wehner .

8/31/88 8/31/89 8/31/90 8/31/89 8/31/88 8/31/90

U. T. System: ~ e n t of Fayez Sarofim & Co., Houston, Texas, and Disciplined Investment Advisors, Inc., Evanston, Illinois, as Additional Investment Counselors; Authorization of Initial Amounts to be Managed; and Authorization for the Executive Vice Chancellor for Asset Manaqement to Execute Investment Counsel[n~_A~reements ~Exec. Com. Letter 88-20).--With regard to investment of the Permanent U n ~ Fund (PUF) of The University of Texas System, the Board, upon recommendation of the Executive Committee: a.

b.

Employed Fayez Sarofim & Co., Houston, Texas, and Disciplined Investment Advisors, Inc., Evanston, Illinois, as additional investment counselors Authorized an initial amount of $120 million to be managed by the two additional investment counselors for the PUF. An external investment counselor for the PUF ceased managing approximately $120 million as of April 1988. The Office of Asset Management, which has previously been authorized to allocate management of up to $500 million with the other six authorized investment counselors of the PUF, was authorized to designate management of up to $620 million with the eight authorized investment counselors.

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Authorized the Executive Vice Chancellor for Asset Management and the Office of General Counsel to finalize within the parameters of the existing investment counseling agreements appropriate investment counseling agreements with Fayez Sarofim & Co. and Disciplined Investment Advisors, Inc. and authorized the Executive Vice Chancellor for Asset Management to execute such agreements after they have been approved as to form by the Office of General Counsel.

U. T. Arlington - Engineering Building Addition and Renovation (Project No. 301-475): Award of Contract for Furniture and Furnishings to Reflector Hardware Corp.-Spacemaster Systems, Melrose Park, Illinois, and Authorization for the Chancellor to Sign the Contract (Exec. Com. Letter 88-19).--Upon recommendation of the Executive Committee, the Board awarded a contract for library furniture and furnishings for the Engineering Building Addition and Renovation at The University of Texas at Arlington to the lowest responsible bidder, Reflector Hardware Corp.-Spacemaster Systems, Melrose Park, Illinois, as follows: Base Proposal "A" (Steel Library Shelving) Base Proposal "B" (Wood End Panels for Steel Library Shelving)

$ 34,646.80

9,323.22

Base Proposal "C" (Wood Library Furniture)

36,512.80

Base Proposal "D" (Reading Chairs)

17,588.55

Base Proposal "E" (Compact Shelving)

114,393.74

Base Proposal "F" (Steel Files)

2,628.75

Base Proposal (Secretarial

8,100.00

"G"

Chairs)

Base Proposal "H" (Sign System)

18,801.00

GRAND TOTAL CONTRACT AWARD

$241,994.86

Further, the Chancellor was authorized to sign the contract awarding this bid based on the results of the Executive Committee circularization. .

U. T. San Antonio - Lutcher Cellter: Request for Approval to Sell 13.727 Acre Tract at 636 Ivy Lane, Terrell Hills, San Antonio, Bexar County, Texas, to Mr. and Mrs. Emilio Nicolas, San Antonio, Texas (Exec. Com. Letter 88-19).--Chairman Blanton reported that the proposed ratification of the sale of the entire 13.727 acre tract at 636 Ivy Lane, Terrell Hills, San Antonio, Bexar County, Texas, known as The University

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of Texas at San Antonio Lutcher Center, to Mr. and Mrs. Emilio Nicolas, San Antonio, Texas, was not necessary since the p r o s p e c t i v e p u r c h a s e r had elected not to complete the sale. See Page 83 related to an alternate purchase for the Lutcher Center. .

offer

U. T. S o u t h w e s t e r n Medical Center - Dallas - M c D e r m o t t Acad-~c A ~ n Bul-i-~nq and M c D e r m o t t Plaza Water roofin P r o ' e c t No. 3 0 3 - 6 8 6 ~ of Construct - ~ Contract to Henr Z B--u~id-~q & E n q i n e e r l n ~ _ _ ~ - ~ . , Lancaster, Texas (Exec. Com. Letter 8 8 - 2 0 ) . - - T h e Board, upon r e c o m m e n d a t i o n of ne ~xecunlve Commlttee, awarded a c o n s t r u c t i o n contract for the M c D e r m o t t Academic A d m i n i s t r a t i o n B u i l d i n g and M c D e r m o t t Plaza W a t e r p r o o f ing at The U n i v e r s i t y of Texas S o u t h w e s t e r n Medical Center at Dallas to the lowest responsible bidder, Henry B u i l d i n g & Engineering, Inc., Lancaster, Texas, for the Base Bid and Add A l t e r n a t e Bid Nos. I, 2, 3, 4 and 5, in the amount of $I,773,700. This p r o j e c t was approved by the Texas Higher Education C o o r d i n a t i n g Board in April 1988.

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REPORT AND RECOMMENDATIONS OF THE FINANCE AND AUDIT COMMITTEE (Pages 7 - 4__22).--Committee Chairman Roden reported that the Finance and Audit Committee had met in open session to consider those matters on its agenda and to formulate recommendations for the U. T. Board of Regents. Unless otherwise indicated, the actions set forth in the Minute Orders which follow were recommended by the Finance and Audit Committee and approved in open session and without objection by the U. T. Board of Regents: .

U. T. System: Approval of Chancellor's Docket No. 40 I C a t ~ - - U p o n recommendatlon of the Finance and Audit Committee, the Board approved Chancellor's Docket No. 40 in the form distributed by the Executfve Secretary. It is attached following Page 84 in the official copies of the Minutes and is made a part of the record of this meeting. It was expressly authorized that any contracts or other documents or instruments approved therein had been or shall be executed by the appropriate officials of the respective institution involved. It was ordered that any item included in the Docket that normally is published in the institutional catalog be reflected in the next appropriate catalog published by the respective institution. Regent Ratliff abstained from voting on items within the Docket related to Exxon Corporation and Southwest Texas Electric Cooperative due to a possible conflict of interest.

.

U. T. System: Permission for Mr. Robert L. Conrad t~ Serve on the Interstate Oil Compact Commission Public Lands Committee [Regents' Rules and Regulations, Part One, Chapter III, Section 13, Subsections 13.(10) and 13.(ll)].--Permission was granted for Mr. Robert L. Conrad, Director of the University Lands Accounting Office for The University of Texas System, to serve on the Interstate Oil Compact Commission Public Lands Committee. The Commission's members serve without remuneration for a term to continue at the pleasure of the Governor. Mr. Conrad's appointment is of benefit to the State of Texas, creates no conflict with his regular duties in the U. T. System and is in accordance with approval requirements for positions of honor, trust, or profit provided in Article 6252-9a of Vernon's Texas Civil Statutes and Part One, Chapter III, Section 13, Subsections 13.(10) and 13.(11) of the Regents' Rules and Reguiations.

.

U. T. System: Approval of Non-Personnel Aspects of the !988-89 Operating Budgets, Including Auxiliary Enterprises, Grants and Contracts, Designated Funds, Restricted Current Funds, and Medical and Dental Services, Research and Development Plans and Authorization for the Chancellor to Make Editorial Corrections Therein.--Committee Chairman Roden called on Chancellor Mark who presented a comprehensive overview of the 1988-89 proposed Operating Budgets for The University of Texas System. A copy of Chancellor Mark's report is on file in the Office of the Board of Regents.

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Following Chancellor Mark's presentation and his recommendation that the non-personnel aspects of the operating budgets be adopted, Regent Beecherl commented that, while generally approving the budgets, there are several details that he has not had the opportunity to review and will reserve the right to question some specific items particularly related to the System Administration management review now underway, as well as certain proposed expenditures on behalf of the revenue bearing property. Upon recommendation of the Finance and Audit, Academic Affairs and Health Affairs Committees, the Board approved the non-personnel aspects of the 1988-89 Operating Budgets, Including Auxiliary Enterprises, Grants and Contracts, Designated Funds, Restricted Current Funds, and Medical and Dental Services, Research and Development Plans for The University of Texas System as listed below and authorized the Chancellor to make editorial corrections in these budgets with subsequent adjustments to be reported to the Board through the institutional dockets: The University of Texas System Administration (including the Available University Fund) The University of Texas at A r l i n g t o n The University of Texas at Austin The University of Texas at Dallas The University of Texas at E1 Paso The University of Texas of the Permian Basin The University of Texas at San Antonio (including The University of Texas Institute of Texan Cultures at San Antonio) The University of Texas at Tyler The Unzversity of Texas Southwestern Medical Center at Dallas The University of Texas Medical Branch at Galveston The University of Texas Health Science Center at Houston The University of Texas Health Science Center at San Antonio The University of Texas M.D. Anderson Cancer Center The Unzversity of Texas Health Center at Tyler These budgets are a part of the Minutes of this meeting and the official copy is in bound Volume XLIII entitled Annual Budget for 1988-89. See Page 83 for approval 1988-89 Operating Budgets.

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aspects

of the

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U. T. System: Award of Contract for 1988-89 to American General Life Insurance Company, Dallas, Texas, for Employee Group Health, Dental, Life, Accidental Death and Long-Term Disability Insurance Effective September i, 1988.--The Board, upon recommendation of the Finance and Audit Committee, awarded the 1988,89 contract for The University of Texas System employee group health, dental, life, accidental death and long-term disability insurance to American General Life Insurance Company, Dallas, Texas, effective September i, 1988. Coverage rates and plan design changes for 1988-89 are set forth below: a.

Group Health Tn~11~ance Monthly Rates Plan A

Plan B

$ 86.12

$ 69.06

Employee/Spouse

165.80

149.45

Employee/Child(ren)

151.80

121.60

Employee/Family

250.54

200.59

Employee

b.

Group Dental Insurance Monthly Rates Employee

C.

$10.79

Employee/Spouse

19.75

Employee/Child(ren)

26.40

Employee/Family

33.00

Life Insurance Monthly Rates (per $i,000 coverage) Under 35 Ages 35-39 Ages 40-44 Ages 45-49 Ages 50-54 Ages 55-59 Ages 60-64 Age 65 Ages 66 and Over

d.

$ .080 .103 .145 .223 .347 .544 .823 1.243 1.550

Accidental Death Insurance Monthly Rate (per $i0,000 coverage) $ .24

e.

Long-Term Disability Insurance Monthly Rate (per $i00 monthly rate of basic earnings not to exceed $18,500)

$ .69

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The Group Health Insurance Plan to be effective September i, 1988, incorporates the cost containment/managed care measures set forth below: (!)

Implementation Network

of a Preferred Provider Orqanization

This plan design change encourages employees to utilize the option of obtaining medical services through a Preferred Provider Organization (PPO) affording discounts to both the employee and the group. Employees will be encouraged to use the PPO network through incentives and disincentives to be accomplished through varying levels of co-payment. The current co-pay is 20~ for the insured with a maximum out-of-pocket expense of $I,000 for Plan A and $1,800 for Plan Bo Where no PPO is available within the service area in which the employee resides, the current co-pay of 20~ will apply. New levels of co-pay are as follows:

Employee Co-pay

(2)

Maximum Out-of-Pocket Expense Plan A Plan B

Insurance P~ent.

Basis

i0~

90~

$I,000

$1,800

U . T . Provider within PPO Network

10%

90~

1,000

1,800

Within PPO Network where no U. T. Provider is available

15%

85%

1,000

1,800

Within PPO Network Electing Non-U. T. Provider

30~

70~

3,000

5,400

Outside PPO Network

Modification of Benefit Limits on Psychiatric/Drug Abuse Treatment Levels of coverage

for 1988-89

are as follows:

In-Patient Expenses Psychiatric Care Drug Abuse Treatment Out-Patient Psychiatric Drug Abuse

-

-

-

30 days 15 days Expenses

$1500 annual limit $1500 annual limit

Non-Residential Psychiatric Drug Abuse

-

Day Treatment

30 days 15 days

! 0

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Services

In-Patient Psychiatric Drug Abuse

-

Non-Residential Psychiatric Drug Abuse (3)

Enhanced Wellness

30 days 15 days Treatment

-

30 days 15 days

Program

The insurance carrier will provide periodic mailings to insureds addressing current wellness issues. Carrier will negotiate discounted wellness screening procedures through the PPO Network, however, the full costs of such procedures may be borne by the insured funded through the U. T. System Flexible Benefits Program (UTFLEX). The employer contribution available for purchase of coverage of the employee's choice will increase from $i00.00 to $115.00 effective September I, 1988.

.

U. T. Austin: Authorization to Amend Existent Shuttle Bus Contract with Laidlaw Transit, Inc. (Laidlaw), Van Nuys, California, and Award Shuttle Bus Service Contract to Capital Metropolitan Transportation Authority (Capital Metro), Austin, Texas, Effective for Five-Year Period Beginning September i, 1988.--Committee Chairman Roden called on President Cunningham to review the recommendations related to The University of Texas at Austin shuttle bus service. President Cunningham reported that under the proposed contract with the Capital Metropolitan Transportation Authority (Capital Metro) the level of campus service will be the same as currently provided, students will be able to ride the buses on all routes in the Capital Metro service area without additional charge, and service costs will be held constant for at least three years. At the conclusion of President Cunningham's remarks, Committee Chairman Roden introduced Mr. Gene Stroop, an elected representative of the U. T. Austin shuttle bus drivers and an employee of U. T. Austin since 1977, who had been given permission to comment on this matter. On behalf of the 124 shuttle bus drivers, Mr. Stroop outlined that group's opposition to the proposed contract with Capital Metro and asked that the Board not accept the terms of the contract. He emphasized that the Capital Metro buses would have less maneuverability on the campus and this would result in schedule delays as well as overcrowding on the buses. Mr. Stroop also pointed out the disparity in wages between Capital Metro employees and U. T. Austin shuttle bus drivers.

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Following a further detailed discussion and upon recommendation of the Finance and Audit Committee, the Board: a.

b.

Amended the existent U. T. Austin shuttle bus contract with Laidlaw Transit, Inc. (Laidlaw), Van Nuys, California, as set out on Pages 14 - 15. This~amendment provides an extenslon option to Laidlaw whose contract expires August 31, 1989, for an additional two years (through August 31, 1991). Authorized execution of an agreement with the Capital Metropolitan Transportation Authority (Capital Metro), Austin, Texas, for shuttle bus service for a five-year period from September i, 1988 to August 31, 1993, as set out on Pages 16 - 42. i n summary, following:

this agreement provides

for the

.

The initial contract period is from September i, 1988 through August 31, 1993, with an option to extend for five additional years. (The last year of the Laidlaw contract is assigned to Capital Metro with Laidlaw continuing to operate its buses during that 1988-89 period under contract with Capital Metro.)

.

Beginning September I, 1989, Capital Metro is to provide eighty (80) new buses with air conditioning and wheelchair lifts, permitting handicapped access. The cost of the new equipment is to be financed with a grant from the Urban Mass Transportation Administration (UMTA). During the discussion, there was a difference of opinion between President Cum~ingham and Mr. Stroop about whether Capital Metro would provide all new buses or a combination of new and old buses under the contract. The U. T. Austin Administration was directed to clarify this matter and to be certain that this issue was resolved in the provisions of the contract.

.

The extension amendment to the current Laidlaw agreement provides the option for extension of the operations subcontract to Laidlaw for two years after acquisition of new equipment, after which Capital Metro will use competitive bidding to subcontract with private contractors to operate the bus service for the remainder of the agreement. If an extension is not granted to Laidlaw, the subcontract will be bid after the 1988-89 academic year.

-

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3570

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Routes s c h e d u l e d by U. T. A u s t i n in 1987-88 are to be d u p l i c a t e d by the new bus system. Students will be p e r m i t t e d to ride the entire Capital Metro System, as well as the U. T. A u s t i n shuttle buses, w i t h o u t additional charge. This includes the o p p o r t u n i t y for students with disabilities to use the lifts on all Capital Metro main line buses. U. T. A u s t i n retains the right to designate routes, headways, bus stops, etc. on U. T. A u s t i n shuttle routes. Costs of the service will remain at the 1988-89 level for the first three years of the contract. The fourth and fifth year rates are to be n e g o t i a t e d with a 5~ limit on any increase in rates. The rates would be r e n e g o t i a t e d if an option for the five-year extension is exercised. Payment is to continue to be e n t i r e l y from the C o m p u l s o r y Student Services Fee.

On b e h a l f of the Board, Chairman Blanton e x p r e s s e d appreciation to Mr. Stroop for his very informative presentation and noted that the Board was very sympathetic to the matter of salaries for shuttle bus drivers but that this issue was not w i t h i n the j u r i s d i c t i o n of the Board.

/

-

13

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3,~71

/

/

/

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BOARD

OF

AMENDMENT T O SHUTTLE BUS SERVICE CONTRACT WHEREAS, REGENTS

by

contract

OF THE UNIVERSITY

for certain benefit

shuttle

bus

having

Van Nuys,

California

WHEREAS, amend

the

said

paragraphs

to

the contract

parties

the

the

principal

did contract

for the use

("UNIVERSITY'.) as LAIDLAW place

and with

TRANSIT,

of business

in

and

to

the

aforementioned

May

29,

1985,

by

contract

amending

did

certain

and to the

contract

beyond

WITNESSETH, contract

business

("CONTRACTOR");

on

services

now doing and

1983,

("BOARD")

at Austin

of the contract;

amend

13,

of Texas

parties

the

associated

office

contract

WHEREAS, agree

and

INC.,

its home

October

OF TEXAS SYSTEM

of The University

ARA TRANSPORTATION, INC.,

dated

aforementioned

to provide

for

contract

an option

do now

to extend

its current term;

the

are hereby

following

modified

by adding a new Paragraph

terms

and

of

amended

the

aforementioned

effective

June

9, 1988,

XIII as follows: XIII.

EXTENSION O P T I O N BOARD, additional notice such

at

its

two years,

to CONTRACTOR

notice

to

the

extended

on the

in

contract,

this

CONTRACTOR the

option,

and

performance

may

through

extend

August

on or before CONTRACTOR,

same terms, except

the

type

of

this

31,

1991,

January

this

covenants that

this

the

of equipment contract

contract

Upon

shall

and conditions payment furnished

shall

be

an

by giving written

i, 1989.

contract

for

by

giving

thereby

be

as provided

UNIVERSITY

by CONTRACTOR

renegotiated

to in

between

BOARD and CONTRACTOR. THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM

Arthur H. Dilly // Executive S e c r e t a r /

/ J/ames. P. Duncan ~-~xecutive Vice Chancellor for Academic Affairs

-

1 4

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357Z

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m

A P P R O V E D AS TO FORM:

I i ~

m

A P P R O V E D AS TO CONTENT:

%

M i c h a e l H. C o r l e y /] Office of G e n e r a l Court, el U n i v e r s i t y of Texas System

<~. Charles F r a n k l i n Vice President for Business Affairs U n i v e r s i t y of Texas at Austin

L A I D L A W TRANSIT,

INC.

VTCE President

-

1 5

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3573

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mm

A G R E E M E N T B E T W E E N THE BOARD OF REGENTS OF THE U N I V E R S I T Y OF TEXAS SYSTEM AND THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY This OF

THE

Agreement

is made

UNIVERSITY

State

of

Texas,

Texas

at

Austin,

TRANSPORTATION

OF on

and

TEXAS

SYSTEM

behalf

of

("BOARD"),

its

AUTHORITY,

in

and

the

("CAPITAL

c o n s i d e r a t i o n r e c i t e d herein,

of

OF REGENTS

agency

The

of

the

University

CAPITAL

METRO"),

located in Austin,

consideration

an

component,

("UNIVERSITY'),

c o r p o r a t e and politic For

by and b e t w e e n the BOARD

of

METROPOLITAN

a

public

body

Texas.

the

mutual

promises

and

the parties agree as follows: I.

S U B J E C T OF A G R E E M E N T CAPITAL UNIVERSITY

METRO at

conditions, Such

school

represents

provide

locations

to

year that

shuttle

and

times,

and

provisions

as

at

a minimum,

the

that

provided

includes,

equivalent

1987-1988 METRO

such

scheduled

service

service

will

bus

and

service

upon

such

hereinafter level

of

in A t t a c h m e n t

terms,

provided.

shuttle

bus

during

the

for U N I V E R S I T Y

- as d e s c r i b e d

for

A.

it has the r e q u i s i t e experience,

CAPITAL skill

and

p e r s o n n e l p r o p e r l y to o p e r a t e and m a n a g e such shuttle bus service and BOARD,

in r e l i a n c e on such assurance,

h e r e b y enters

into this

Agreement. II. T E R M OF A G R E E M E N T The

term

and end A u g u s t

of

this

31,

Agreement

shall

begin

September

i,

1988,

1993. III. A S S I G N M E N T OF PRIOR A G R E E M E N T

BOARD in and

to

between as

the

BOARD

amended,

attached

hereby

assigns

agreement

entitled

and L a i d l a w to

hereto

"Shuttle Bus

Transit,

CAPITAL as

all of its right,

METRO.

Attachment

-

1 6

Inc. A

B.

title and interest Service

dated O c t o b e r

copy

of

the

This

assignment

Contract" 13,

1983,

agreement shall

-

3574

is be

effective

on

September

Contractexpires,

Laidlaw

i,

1988.

Transit,

Until

Inc.

will

this

continue

assigned to provide

the shuttle bus service under its terms pursuant to the d i r e c t i o n and

management

consent beyond

of

of

CAPITAL

Laidlaw

August

31,

METRO.

Transit,

1989

Inc.

pursuant

BOARD and Laidlaw Transit,

CAPITAL extend

METRO

the

to any option

may

with

assigned

the

contract

to extend

between

Inc. IV.

P R O V I S I O N OF SERVICE BY C O N T R A C T O R CAPITAL

METRO

shall

shuttle

bus

service.

through

a competitive

("CONTRACTOR"), maintenance September

to

support

maintain

Prior

to August

process,

provide for

the

operational

will

designated

I, 1989 through August

31,

own

employees

who

shall

1989

select

supervisory

CAPITAL

fleet

the

METRO,

a private

service,

bus

of

entity

drivers

and

for the period

1993.

C O N T R A C T O R will be an independent its

31,

control

not

contractor

be

responsible

considered

for ~

employees

of

CAPITAL METRO or UT~IVERSITY. V. E Q U I P M E N T FURNISHED BY CAPITAL METRO (a) Beginning September and make than

available

eighty

front

and

and to

federal each

used

by

loading

place

i,

all

1989.

of

CAPITAL

or part

both

equipment. METRO

air

of

CAPITAL the

shall

As

of the

bus

conditioned

buses

and

in

of

this

specifications:

i0 watt output UHF or VHF BODY

Windows

Front and rear

(right side)

Tinted or smoked glass

-

17

-

I,

furnish not

less

with

both

may

service

exterior,

RADIO

Loading doors

buses

to all

September term

service

METRO

conform

interior

during

meet the following m i n i m u m

shuttle

doors.

All buses

standards,

piece

in such

lift-equipped,

rear

discretion, September

(80)

for use

I, 1989, CAPITAL METRO shall

at prior

city, that

1989,

its to

state, pertain

all

buses

Agreement

shall

m

mm

mm

m

mm

mm

Heater

m

m

Manufacturer's

H a n g e r rails

mm'Umvn

h

n

m

standard equipment

B o t h sides c e n t e r e d o v e r seats

W h e e l c h a i r lifts Seating

For

40-foot

seats

with

Allow

18 inches

buses:

a center

44

aisle

rump

standard

at

least

18

inches

wide.

room per passenger.

Seats

to be

m o u n t e d on 30 inch centers. For

30-foot buses: seats

with

inches

27

standard

aisle

at

least

18

inches

rump room per passenger.

wide.

Allow

18

Seat to be m o u n t e d on

30 inch centers. UNIVERSITY designate this

and

other

types

Agreement.

CAPITAL

METRO

of buses

to be u s e d

The wheelbase,

may

engine

by

mutual

agreement

in the p e r f o r m a n c e

size,

of

front and rear axle

c a p a c i t y shall be d e t e r m i n e d and c o n f o r m w i t h the above d e s c r i b e d seating

capacity.

Consistent

w i t h the above

specifications,

bus

size and seating c a p a c i t y shall be d e t e r m i n e d by C A P I T A L M E T R O to meet

demand

for

service

and

location

of

routes

and

to

provide

service as d e s c r i b e d in A t t a c h m e n t A. (b)

None

material, buses

of

the

buses

shall

display

commercial

e i t h e r on the inside or outside;

may d i s p l a y C A P I T A L METRO's

CAPITAL

METRO's

service

may

logo. be

Announcements

displayed.

the

regarding

Announcements

official

displayed,

if t h e y are a p p r o v e d in advance by the Vice P r e s i d e n t

Business

UNIVERSITY

Affairs shall

and

events

however,

regarding

for

UNIVERSITY

provided,

advertising

they

provide

meet

CAPITAL

and p o l i c i e s

uniform METRO

size

with

also

may

be

requiremehts.

its

policy

for

a p p r o v i n g official U N I V E R S I T Y announcements. (c) the

Beginning

performance

radios

for

equipment,

of

on this

reporting

September contract to

the

necessary rerouting

i,

1989,

shall

bus

all buses

be e q u i p p e d

dispatcher

of the buses

all

to meet

operated with

in

two-way

failures

of

requirements

and to d e t e r m i n e the l o c a t i o n of a bus w h e n d e e m e d necessary. (d) allocated

Of

these

and

buses,

maintained

a

reserve

for

-

1 8

use

in

of

five

case

of

buses

shall

be

a breakdown

or

-

3576

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m

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mm

m

failure of any of the buses used daily on the routes. bus be placed out of service for any reason, replace

that

bus

immediately

with

m,

Should any

CAPITAL METRO shall

another bus

which

meets

the

minimum specifications and standards above. (e)

CAPITAL

adequate

service,

inspections breakdown the

METRO

shall

usual

be

responsible

preventive

for

proper

maintenance,

and

regular

and all repairs on such buses to minimize mechanical and

failure.

cleanliness

and

CAPITAL

METRO

shall

records

reflecting

records

from

time

CAPITAL

METRO

appeerance require

of

such

drivers

time

shall

be

be responsible

buses

inside

of the buses

any known defects to

shall

which may

subject

to

for

and out.

to keep

exist,

daily

and

inspection

such by

an

authorized representative of UNIVERSITY. (f)

CAPITAL

expenses well bus be

METRO

connected with

as ad valorem stop

laws,

to

responsible

furnishing

taxes

manner

operate and

ordinances

Texas,

be

for all

on the buses,

CAPITAL

in strict

licenses,

METRO

fees,

in

shall

a careful

with traffic

as

if any,

All drivers

buses

compliance

and regulations

operating

such shuttle bus services,

signs and printed public timetables.

required

prudent

shall

and

and safety

of the City of Austin,

State of

the United States and UNIVERSITY.

(g) CAPITAL METRO shall provide a minimum of three supervisors University

to

monitor

designated

the

system

routes

for

delivery

described

of

in Attachment

(3) field service

on

A of

this

President

for

Agreement. (h) Business

CAPITAL Affairs

operation

of

each

shall

furnish

of UNIVERSITY

showing bus

route operation. day

METRO

the

with time

numbers,

routes

Vice

sheets

served

for each day of

and

total

time

of

Such time sheets shall be furnished on the 15th

month

for

the

days

of

operation

in the

preceding

month.

-

19

-

3577

n

m

n

mum

m

mum

mm

m

n

m

m

m

VI. INSURANCE AND PERFORMANCE BOND

all

(a)

CAPITAL

times

during

and property

single

insurance

require

covered

insurance

in Texas

($5,000,000)

shall

the period

damage

do business combined

METRO

to maintain

by this agreement

of

each

reflecting

not

less

than

occurrence.

said

at

liability

issued by a company authorized

and approved by UNIVERSITY,

limit

for

CONTRACTOR

insurance

Five

a minimum

Million

Proper

coverage

with

to

Dollars

certificates

in limits

not

of less

than those stated above shall be furnished to UNIVERSITY. (b)

CAPITAL

Performance Dollars

METRO

Bond

issued

by

to

require

in the amount

($350,000)

obligations

shall

to

a company

of Three

guarantee

CAPITAL

CONTRACTOR

faithful

METRO.

Such

authorized

Hundred

to

secure

Fifty Thousand

performance

Performance

to do business

a

of

its

Bond

shall

be

in the

State

of

Texas and approved by CAPITAL METRO and UNIVERSITY. (c) UNIVERSITY to

be

used

for

shall

the

provide

approval

to CAPITAL

of such

METRO

insurance

the

and

criteria

performance

bond. VII. ROUTES r SCHEDULES AND AREAS OF SERVICE (a) within

The

area

to be

the campus

served by

of UNIVERSITY

shuttle

bus

and within

service

such

other

shall

be

areas

of

the City of Austin as designated in Attachment A. (b)

Such

routes

and

schedules

shall

be

operated

Monday

through Friday on all regularly scheduled class, registration and final

examination

examination

days,

periods

provided Saturday

that

during

service

registration

may

be

and

required

(approximately 225 days per year). (c)

Service

provided

operation

of buses

736 hours

per day during

registration 456

hours

examinations,

CAPITAL

METRO

on University-oriented

periods,

during

by

fall classes,

713 hours

summer

unless

-

2 0

routes,

and

include

the

approximately

310 hours per day during

per day during

session

otherwise

shall

380

agreed upon.

spring

hours

classes,

during

CAPITAL METRO

-

578

final shall

I

m

mmm

m

m

mm

operate the buses

m

mm

~equested

in Attachment A.

METRO

mmm

by UNIVERSITY which raise the hours of s e ~ i c e

routes

CAPITAL

m

The cost for service

above the maximum annual number of hours required oriented

mm

for the number of hours required to provide the

level of service described changes

m

described

in

at Twenty-Three

Attachment

A

Dollars

Eight

and

for University-

shall

be

paid

Cents

to

($23.08)

per service hour. (d) will

The

stop

buses

for

passengers

to

the

be

operated

purpose

of

only at bus stop locations

operating

efficiencies,

University

up

bus

and

~ervice

discharging

that have been agreed upon

To maintain current

shuttle bus

bus drivers will not require presentation

identification

University-oriented

shuttle

picking

by CAPITAL METRO and UNIVERSITY.

of

for the

cards

routes

or

collect

designated

by

cash

fares

CAPITAL

METRO

on and

UNIVERSITY. (e) CAPITAL and vehicle Inc.

frequency

during

UNIVERSITY

the

shall

and bus stops system

giving

for

such

include minor

will,

at a minimum,

1987-88 retain

school

the right

year

written request

minor

to

route

describing

CAPITAL

realignments,

and implement

such requested changes

operational

such

safety

operational

safety

in

of

writing

resolve

the

the problem

UNIVERSITY trip

request,

times,

such changes

desire

unless

concerns. hazards,

within

CAPITAL

problem

and

the

headways,

or

will

stops

shall become effective

-

2 1

changes

work

changes

bus

the

adjustments,

would

produce result

described

to

Should

alignments,

in Attachment

at the beginning

in

UNIVERSITY

UNIVERSITY

route

or

approve

of both parties. in the

may

(15) days of

would

with

A

basis

changes

METRO will advise

to the satisfaction significant

and

fifteen

changes

bus

in Attachment

CAPITAL METRO will

If

headway

UNIVERSITY

routine

schedule

such

A).

part of the shuttle

Such

minor

in bus stop locations.

of

trip times,

such changes

METRO.

Transit,

Attachment

to service described

changes

receipt

(See

that may be established.

changes notice

the coverage

by Laidlaw

to modify

for those routes currently

routine

provide

equal to that provided

and for those routes

may request by

METRO

A,

of the Fall

-

3579

or

Spring

Semester.

UNIVERSITY

shall

request

such changes

in

writing and CAPITAL METRO will approve and implement such changes subject

to

operational

coordination submit

with

the

considerations.

CAPITAL

METRO

system,

To

implementation

and

September

facilitate

UNIVERSITY

appropriate changes no later than April

such

Semester

safety

1 for

shall

1 for Fall

Spring

Semester

implementation. VIII. CONSIDERATION For buses

and

and

in

consideration

shuttle

bus

service

agrees to pay CAPITAL METRO, (a)

For

UNIVERSITY Hundred This

Year

of CAPITAL

One

as

set

METRO

forth

furnishing

above,

such

UNIVERSITY

the sum as specified below:

(September

i,

1988

to August

31,

1989),

shall pay CAPITAL METRO the sum of Three Million,

Eighty-five

amount

Thousand

Thousand

represents

(138,000)

Attachment

A.

and

Forty

approximately

annual

In addition

($3,185,040).

One Hundred

service to the

Dollars

hours,

sum

as

stated

One

Thirty-eight described

above,

in

UNIVERSITY

shall also pay CAPITAL METRO Twenty-three Dollars and Eight Cents ($23.08) per service hour for total hours of service which exceed the

annual

routes CAPITAL

number

described METRO

UNIVERSITY. hourly

of

hours

in

in

required

Attachment

response

A

to

for

and

UNiVERSITY-oriented

which

service

changes

For Year One and only Year One,

charge,

there

shall

be

an

are

provided

by

requested

by

in addition

additional

Excess

to the

Fuel

Cost

Charge or Credit computed as follows: I.

The

base

gallon fuel

fuel

will

price

excess

be

of

ninety-one

subtracted

per

fuel

conversion

price

gallon

price

rate

of

from

cents

the

for the month.

will 2.3

then

gallons

be

($0.91)

average That

weighted remaining

multiplied

per

per

by

the

hour to obtain

the

Excess Fuel Cost per hour of service. 2.

To

obtain

billing on

hand

the

month, at

average the

the

-

inventory

end

2 2

weighted

of

the

fuel

(gallons previous

price

for

of diesel month

the fuel)

will

-

3580

be

m

m

m

m

B

m

multiplied

by

q

This

n

the

beginning

total

cost

billing

m

mma

m

last

purchase

price

inventory

cost

all

purchases

for

month.

fuel

From

this

m

for that

will

be

to the

during

this

diesel

the fuel

inventory at the end of the billing month multiplied

by

the

be

last purchase

subtracted.

price

for the billing

month

will

The resulting net cost of fuel used during

the billing month will be divided by the total used to obtain the weighted 3.

u

month

added

made

total,

m

There

shall be separate

basic

charge

service above,

and

hours, and

Section within

VIII

properly

Excess (a)(1)

(I0)

during

Fuel

charge

and

Cost

(2).

working

itemized

rendered

hourly

and payments

if any, as described

the

ten

fuel price per gallon.

statements

the

gallons

for

shall

billing

in

be made

of presentation

of charges

the completed

(a)

as computed

Payments

statement

additional

in Section VII

charge

days

of the

for

of

a

service

period.

Billing

periods will be a minimum of one month in length. 4.

Should

the

average

weighted

fuel

price

for any month

drop below the Base Fuel Price, UNIVERSITY will receive a

credit

on

accordance

the next

current

with the procedure

billing

outlined

computed

in

in Section VIII

(a) 1 and 2 above. 5.

In the event available billing next

the monthly

prior

month,

payment

UNIVERSITY

succeeding

differences

to

fuel billing

month's

between

will

by

UNIVERSITY

adjust

operation

fuel

statement

to

prices

is not for

the

payment

for

the

account

for any

billed

and

those

actually paid by CAPITAL METRO. (b) Year shall

In Year Two

Three pay

Eighty-five

(September

(September CAPITAL

i,

METRO

1990 the

i,

1989 to August

to

August

sum

of

Thousand and Forty Dollars

-

2 3

-

Three

31,

31,

1991)

Million

($3,185,040)

1990)

and

UNIVERSITY One

Hundred

minus any

35 1

m

mm

n

m

m

u

m

m

m.

m"qNm

v m

credit which has been realized during Year One to August

31,

Eight

Cents

hours,

if any,

(c)

1992

prior

the charge

per

by

1991

April

UNIVERSITY

31,

i,

1993)

1991.

shall

be

negotiated

by

(5%) more than the contract

or

Year

to

service

all

ride

bus

service

valid U N I V E R S I T Y (e)

The

without

yearly

CAPITAL M E T R O

local,

shall

also

additional

service hours,

shall

include

itemized

statement

of

completed

billing period.

the

parties

payment

not

exceed

METRO

to

five

entitles

and express

charge,

be

by

made

(12) equal monthly

payments

Four

Cards:h0 park-and-

displaying

a

card to the driver.

payment

in twelve

Year

Identification

Dillo

additional

identification

shall

CAPITAL

students with valid U N I V E R S I T Y METRO

service

sum paid during Year Three.

UNIVERSITY

CAPITAL

and

(September

negotiated

Five

UNIVERSITY on

for Five

percent

by

METRO

and Year

METRO

Payment

Four

additional

1992)

the

i, 1988

Dollars

31,

However,

m

(a) above.

to CAPITAL

CAPITAL

(d)

for Year

for

in Section VIII

to August

to August

hour

m

(September

of T w e n t y - T h r e e

service

as prescribed

i,

to

plus

($23.08)

Payment

(September i,

1989)

m

payment

if any,

charges

by

UNIVERSITY

installments.

of

hourly

to

Monthly

charges

for

as reflected on CAPITAL METRO's for

service

rendered

during

the

IX. CLASSIFICATION The

bus

OF PASSENGERS

service

provided

NON D I S C R I M I N A T I O N

-

herein

shall

be

any person and shall not be r e s t r i c t e d to students

available

to

of UNIVERSITY.

X. MAINTENANCE CAPITAL reflect given the

the day,

METRO

following: (b)

number

schedule,

agrees

of

and

the

(d)

records

at

any

(a) The of

number

routes

operated

a set of books

by

of buses

or each

any other additional

may elect to include UNIVERSITY

to m a i n t a i n

number

hours

OF RECORDS

on

information

shall on any

operated, each

route

CAPITAL

(c) or

METRO

in such records.

shall and

operated

schedules bus

that

all

have

complete

reasonable

-

2 4

access

times

to

during

such

books

and

the business

day

-

3582,

m

m

mm

m

m

m

m

m

for the purpose of examination, an audit

m"qmm

m

to service provided

books

and records,

under this Agreement.

METRO agrees to cooperate with the properly designated official

charged

with

m

and may at its own expense,

to be made of CAPITAL METRO's

same pertains

v m

inspecting

and

auditing

cause as the

CAPITAL

UNIVERSITY

said

books

and

records. XI. COMPLAINT PROCEDURE CAPITAL

METRO

shall

institute

a complaint

procedure

shuttle bus service provided under this Agreement. will

use

its

322-2400) on

the

Passenger

Assistance

to receive complaints.

Shuttle

Bus

Map:

will

be

(24)

informed

hours

Saturday,

"For complaints,

business

day.

CONTRACTOR call.

that

be

they will the

informed

will

to

required,

be

review

of

(through

the

and

the

discuss

Committee

log

the best time

the

or

caller

of

on

a

will

bus

an

related

each

the next

calls. of

each

caller

investigation will

contacted METRO

President

the

telephone

contact

If

Friday,

by is

conduct

an

regarding

the

and

UNIVERSITY

for Business

Affairs)

log on a regular basis to review trends

be

and U N I V E R S I T Y

by

CAPITAL

the Vice

additional shall

shuttle

be

twenty-four

In such event,

CONTRACTOR

will

The callers

be contacted

immediately

investigation.

office

of

322-2400."

within

received

will

complaint.

METRO

will review the complaint

complaint

is

they

be kept

the

(currently

call

number,

be contacted

or C O N T R A C T O R

CAPITAL

results

that

notified

METRO

investigation

to

telephone

complaint

A log will

CAPITAL

telephone

and

please

Sunday or the day before a holiday. will

Number

and the nature of the complaint.

unless

callers

CAPITAL METRO

CAPITAL METRO will have p r i n t e d

CAPITAL METRO will take the name, to return the call

Telephone

for the

action made

that

may

available

each month

to

be

required.

the

The

Shuttle

Bus

for their information.

XII. LEGALITY OF CONTRACT The operation performed

by CAPITAL METRO

in compliance

under this Contract

shall

with all the applicable ordinances

-

2 5

be

of the

-

35S3

m

mmm

m

m

m

m

m

C i t y of Austin, This

Contract

m

mm

mm

m

laws of the State of Texas and the United States.

Contract

successors

m

shall

and

be

binding

assigns.

w~thout

prior

on

CAPITAL

written

the

parties

METRO

consent

may

of

hereto,

not

their

assign

UNIVERSITY

and

this BOARD.

This C o n t r a c t shall be c o n s t r u e d and p e r f o r m e d in a c c o r d a n c e w i t h the

laws

of the State of Texas

and any a c t i o n a r i s i n g

shall be brought in the court of competent County,

hereunder

j u r i s d i c t i o n in Travis

Texas. XIII. I N D E M N I F I C A T I O N AND HOLD HARMLESS

CAPITAL

METRO

Constitution

and

laws

limits

of the Texas

BOARD,

UNIVERSITY,

from

and

against

whatsoever, or

shall,

by

their any

CAPITAL

arising

acts

agents,

extent

State

permitted

of Texas

Tort Claims Act,

o f f i c e r s or employees,

the

the

the

and

officers~

claims,

demands

in

to

the

employees or

causes

CONTRACTOR

and agents of

action

from any acts

or

their

agents,

i n c l u d i n g any claims, demands or causes of

favor

or o m i s s i o n s

or

the

i n d e m n i f y and hold harmless

Regents,

METRO

under

subject

caused by a r i s i n g out of, or r e s u l t i n g

omission

action

of

to

of

of

any

person

CAPITAL

or

entity

resulting

METRO or CONTRACTOR,

from

officers,

r e p r e s e n t a t i v e s or employees. XIV. CANCELLATION

If

CAPITAL

METRO

is

in

default

under

any

term

of

this

A g r e e m e n t then U N I V E R S I T Y shall give C A P I T A L M E T R O w r i t t e n n o t i c e of

such default

which cure

to any

cure such

and C A P I T A L M E T R O shall have t w e n t y

such default, default

and the

within

(20) days

in

failure of C A P I T A L M E T R O

to

twenty

(20)

days

after

written

n o t i c e of same by U N I V E R S I T Y shall give BOARD the right to cancel this prior

contract to

between

immediately.

September BOARD

and

i,

A

1989

Laidlaw

default

under Transit,

by

the

Laidlaw

"Shuttle

Inc.

shall

Transit, Bus not

Contract" constitute

d e f a u l t by C A P I T A L M E T R O u n d e r Section XIV of the Agreement.

-

2 6

-

Inc.

.3584

mm

m

m

m

mm

m-m

m

m

m

XV. NOTICE Any other by

notices

to

be

may be effected

mail,

registered

receipt

requested.

parties

as

they

address

by

written

Notices

given

hereunder

by either

either by personal or

certified,

Mailed

appear

below,

notice

delivered personally

shall

but

in

delivery

postage

notices

party

each

accordance

the

in writing or

prepaid be

to

with

return

addressed

to the

party

may

change

his

with

this

paragraph.

shall be deemed communicated at the

time of actual receipt; mailed notices shall be deemed delivered, whether

actually

deposit

in

a

Statesmail.

received or

regularly

not,

forty-eight

maintained

Whenever written

notice

(48)

receptacle is required

hours for

after

United

by any of

the

p r o v i s i o n s of this Agreement the notice shall be given by CAPITAL METRO to: Vice President for Business Affairs The University of Texas at Austin P. O. Box 8179 Austin, Texas 78713-8179 or by the UNIVERSITY to: General Manager CAPITAL METRO P. O. Box 1943 Austin, Texas 78767 XVI. SUSPENSION Either war,

party

may

declaration

public beyond

enemy, the

suspend

this Agreement

of state

strike,

control

of national

at any

time

emergency,

such

party,

by

giving

or other cause

the

written notice of suspension and the reason for same. shall

be

obligated

only

to

pay

for services

other

2 7

-

party

UNIVERSITY

actually

provided

under this Agreement.

-

of

acts of God or

work stoppage or slow down, of

because

3585

m

m

n

m

n

Payments

m

to

be made

[email protected]

shall

BOARD

secure

may

source

during

mm

not

the

and services

become

the

mm

due

services

period

to be r e n d e r e d

during

herein

in

a period

of

contemplated

which

CAPITAL

mm

mm

under

this

suspension. from

METRO

another

suspends

p e r f o r m a n c e under this Agreement~ XVII. EXTENSION OPTION BOARD,

at

additional

its

five

option,

(5)

may

years

extend

through

this

August

Agreement

31,

1998

by

for

giving

w r i t t e n notice to CAPITAL METRO on or before April

i,

extended

and e x p i r e

August

term 31,

1998

instruments conditions payment period

shall

or

commence

without

documents,

as p r o v i d e d

to of

established

the

METRO

ninety

(90)

parties

are

CAPITAL

METRO

on

to

or

necessity

executing

upon

shall days

negotiate

unable

I,

the

same

the

before

e1~ding payment

reach

BOARD

and

UNIVERSITY

terms,

June

1992.

any

on

and

except that U N I V E R S I T Y A

negotiating

30,

1992

amount

per

annum.

30,

The

further

covenants

June

agreement

may

1993

be renegotiated.

shall t e r m i n a t e as s c h e d u l e d on A u g u s t and

of

in this Agreement,

CAPITAL

to

on S e p t e m b e r

an

on

amount

of

1992

then

this

shall If

payment

be the to

Agreement

31, 1993 w i t h o u t e x t e n s i o n

pursue

other

sources

to

secure

shuttle bus service. VIII. ENTIRE A G R E E M E N T This i n s t r u m e n t and attachments c o n t a i n the entire a g r e e m e n t between written subject

the

parties

or oral matter.

concerning

this

and

supercede

agreements Any

prior

b e t w e e n parties

oral

instrument

any

understanding

respecting

representations

or

or

the w i t h i n

modifications

shall be of no force or effect unless

r e d u c e d to w r i t i n g and signed by the parties. XVIX. LEGAL C O N S T R U C T I O N In case any one or more of the provisions

contained

A g r e e m e n t shall for any reason be held to be invalid,

-

2 8

-

in this

illegal,

or

mmm

m

I

mmm

im

m

mm

unenforceable

in

unenforceability this Agreement unenforceable

mmm

any

m

m

respect,

m m ~

such

mmm

invalidity,

mm

m~

illegality,

shall not affect any other p r o v i s i o n thereof

shall be construed as if such invalid, provision

or and

illegal,

or

had never been contained herein. XX. EFFECTIVE

This

Agreement

to approval

be effective

of Grant A p p l i c a t i o n

Transportation IN

shall

No.

September

TX-03-013

i, 1988

subject

by the Urban Mass

Administration.

WITNESS

duly authorized

DATE

WHEREOF,

the

representatives

ATTEST:

parties

hereto

have

caused

their

to execute this Agreement.

CAPITAL M E T R O P O L I T A N AUTHORITY

TRANSPORTATION

BySecretary

Chairman,

ATTEST:

Executive

Board of Directors

BOARD OF REGENTS OF THE U N I V E R S I T Y OF TEXAS SYSTEM

By : Executive Vice C h a n c e l l o r Academic Affairs

Secretary

for

CONTENT APPROVED:

By: Vice President for Business Affairs U n i v e r s i t y of Texas at Austin

FORM APPROVED:

By: Office of General Counsel U n i v e r s i t y of Texas System

-

z9-

3587

mm

NN_I~

mm

mmm

mm

mmm

|J

m

m

m

m

~

m

mm

ATTACHMENT A (not included)

This is a d e t a i l e d listing of all shuttle bus routes and frequency of service in effect for the 1987-88 academic year. It is this schedule and frequency of service which will be used to determine these same factors under the new Agreement. A copy of A t t a c h m e n t A is on file in the Office of the Board of Regents.

- 30

-

~5~

m

m

n

m

m

i

m

Br,

n

m

n

n

mmnP ' m

m

m

ATTACHMENT

B

SHUTTLE BUS SERVICE CONTRACT

STATE OF IEXAS COUNTY OF TRAVIS

This

contract

and a g r e e m e n t e n t e r e d

into

this

/3~day

of October,

t983,

between THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, hereinafter referred to as "BOARD," acting herein by and through its duly authorized Chairman, Jon P. Newton, for the use and benefit of The University of Texas at Austin,

hereinafter

referred

t o as

having its office and p r i n c i p a l hereinafter

referred

t o as

"UNIVEKSITY," and ARA T r a n B p o r t a t i o n ,

place

Inc.,

of business in Van Nuys, California,

"'CONTRACTOR," WITNESSETH:

Io SUBJECT OF CONTRACT BOARD h e r e b y a w a r d s a c o n t r a c t

t o CONTRACTOK t o r e n d e r

and p e r f o r m a

shuttle bus service for UNIVERSITY at such locations and times, and upo~ such terms, conditions, represents properly

that perfor~

and provisions as are hereinafter provided.. CONTRACTOK

i c has

the requisite

a shuttle

i s willing t o e a t e r

into

experience,

bus s e r v i c e this

skill

and p e r s o n n e l

and BOAgD i n r e l i a n c e

to

on s u c h a s s u r a n c e

agreement.

II. TERM OF THE CONTRACT The term of the contract shall be for all semmscers

intervening between

the commencement and term/natlon date hereof, beginning on September I, 1984 and term/natlng August 31, 1989.

III. EQUIPMENT, (a)

ETC., FURNISHED BY CONTRACTOR

CONTRACTOR shall furnish and make available for use in such shuttle

bus service buses seating not less than forty-four (44) adult passengers bus with both front and rear loading doors.

It is specifically understood

the buses are not required to be air conditioned.

-

31

-

per ~hac

No bus shall be operated in

m

m

m

m

m

m

m

the performance of t h i s after

m

m

contract

i c has b e e n d r i v e n a t o t a l

and a p p r o v e d by an a u t h o r i z e d c o n f o r m co a l l and e x t e r i o r ,

city, that

state, pertain

a~ter

-__ ..~

m

five

y e a r s from dace of m a n u f a c t u r e ,

of 150,000 m i l e s ,

representative

and f e d e r ~

unless

It

o f UNIVERSITY.

agreement shall

All

or

h a s been i n s p e c t e d ALl

noise emission standards,

to each piece of equipmmnt.

CONTRACTOR d u r i n g t h e t e r m o f t h i s

m

buses shall both interior

buses u s e d by

h a v e t h e f o l l o w l n g minimum

requirements:

C~IS

AND POWER TRAIN

Wheelbase Engine F r o n t Axle Rear Axle

274 i n c h e s 190 h o r s e p o w e r , 9000 pounds 19000 pounds

V-8 o r 6 c y l i n d e r

diesel

BODY m

Driver Fan F~ar H e a t e r Hanger R a i l s

F r o n t and r e a r ( r i g h t s i d e ) T i n t e d o r smoked g l a s s White vlth orange trim 44 s t a n d a r d s e a t s a r r a n g e d i n two rows w i t h a c e n t e r a i s l e a t l e a s t 18 i n c h e s w i d e . A l l o w 18 i n c h e s rump room p e r p a s s e n g e r . S e a t s t o be m o u n t e d on 30 i n c h c e n t e r s . Manufacturer's standard equipment. Manufacturer's standard equipment. Both sides c e n t e r e d over seats.

RADIO

i0 watt o u t p u t

Loading Doors Windows Color Scheme Seating

m

ALl b u s e s s h a l l

be p a i n t e d

-

U~F o r

VRF

w h i t e and trlmmmd i n o r a n g e and s h a l l

display

designation signs on both the front and right rear side of the vehicle.

route None

of the buses shall display advertising material, either on the inside or outside,

All buses operated by the CONTRACTOR in the performance of this

contract shall be equipped with two-way radios for reporting to the bus dispatcher all failures of equipment, necessary re-routing of buses to w e t requirements and to determine the locatlon of a bus when deeamd necessary. (b)

CONTRACTOR agrees to furnish a m/nimum of slxty-slx (66) buses that

meet all of the terms of this contract to perform the services herein contracted to be performed.

Of these slxty-six buses, a reserve of five (5)

buses shall be allocated and maintained for use in case of a breakdown or failure of any of the buses used daily on the routes.

-

32.

Should any bus be placed

-

590

m,

m

m

m

m

m

out of service

m

f o r any r e a s o n ,

w i t h a n o t h e r bus t h a t (c)

m

mn

m

m

CONTRACTOR shall r e p l a c e

meets tha m i n i m a

standards

C0~TRACTOR a g r e e s t o p r o p e r l y

set

forth

and a d e q u a t e l y

to p e r f o r m n o r m a l and u s u a l p r e v e n t i v e

and a c t u a l

that

herein.

service

s u c h b u s e s c l e a n and n e a t a p p e a r i n g ,

and o u t .

by t h e p a r t l e •

reflecting

any known d e f e c t s

shall

be s u b j e c t

that

all

drivers

to i n s p e c t i o n

It

of buses are

w h i c h may e x i s t

much b u s e s and

m a i n t e n a n c e on s u c h b u s e s t o

CONTRACTOR f u r t h e r

and • g r e e d

m

bus i m m d i • t e l y

m i n i m i z e m e c h a n i c a l breakdown and f a i l u r e . inside

m

is further

t o keep understood

to keep d a i l y

and s u c h r e c o r d s

by t h e d u l y c o n s t i t u t e d

qrees

records

from t i m e t o t i m e

representative

of

UNIt~_~RSITY. (d) buses,

CONTRACTOR s h a l l

shall

pay t h e i r

supply all

driver

wages, withhold for

pay all operating expenses, including,

batteries,

(e)

Each d r i v e r

and s h a l l drivers

meet a l l

shall

shall

operate

licenses,

such shuttle

hold a valid

requirements

income t a x and s o c i a l

to operate security,

the and

but not llmlt•d to, fuel, tires,

ad v a l o r e m t a x e s on t h e b u s e s ,

expense• connected with furnishing

personnel necessary

State

fees,

a n y , and o t h e r

bus s e r v i c e . of T e x a s c h a u f f e u r ' s

u n d e r t h e law f o r d r i v e r s

CONTRACTO&'S buses i n a c a r e f u l

strict compliance with the traffic and s a f e t y

if

of buses.

license, All

and p r u d e n t manner and in the

laws of the City of Austin,

State of Texas, and UNIVERSITY. (f)

CONTRACTOR will provide a mlni~um of one (l) on duty field supervisor

to monitor the system to insure the dellvery of service as provided in the contract and instructions from UNIVERSITY for every 25 buses, or fraction thereof, in service from the beginning of service until 6:00 PM on all days of operation.

A minimum of one (I) on call supervisor shall be available during

all hours of operation after 6:00 PM. (g)

CONTRACTOR shall carry and maintain throughout the llfe of this

contract public liability and property damage insurance issued by a company authorized to do business in Texas and approved by UNIVERSITY, with • minimum combined single limit of not less than Five Million Dollars each occurrence.

($5,000,000)

for

Proper certificates of insurance reflecting said insurance

coverage in limits not less than those stated above shall be furnished to UNIVERSITY.

The UNIVERSITY,

BOARD, and the officers and employees of both

BOAED and UNIVERSITY shall be named as an additional insured in such policy or policies. -

33

-

3551

to

m

m

m

u

m

(h)

m

m

sheets

s e r v e d and t o t a l

(i) billlng

m

shoving actual sr~e~nts

Co f u r n i s h

from s u p p l i e r

cost

will

for each day's

suppliers,

and any f u e l

rate

(J)

UNIVERSITY

s h o w i n g bus n u m b e r s ,

invoices

and ~ o n t h l y

billing

from s u p p l i e r .

statement.

These

CONTRACTOR a l s o

upon demand, b i d s f r o m • t

than the supplier

~onth,

least

t~

known f u e l

f r o m vhom t h e f u e l was p u r c h a s e d .

CONTRACTOR a g r e e s t o p r o v i d e a P e r f o r m a n c e Bond i n t h e amount o f O~e

~Ltllion Dollars performmce

($I,000,000)

with the term

company R u t h o r l z e d

as s u r e t y

herein.

of t h e c o n t r a c t .

for

this

contract

guaranteeing

Such P e r f o r m a n c e Bond s h a l l

t o do b u s i n e s s

The f o r m o f s a i d

UNIVERSITY. a part

c o p i e s of a l l

adjustments

accompany t h e m o n t h l y

other

for Ruslness Affairs

for fuel purchased during the billing

i ~ i ~:

a g r e e s to f u r n i s h

operation,

am

time of r o u t e o p e r a t l o o ,

CONTRACTOR a g r e e s statements

|_

J L-

t h e Vice P r e s i d e n t

CONTRACTOR a g r e e s t o f u r n i s h

o f t,he UNXVELSITY f l u routes

m

in the State

faithful

be i s s u e d by •

o f Texan8 and a p p r o v e d by

P e r f o r m a n c e Bond i s a t t a c h e d

as E x h l b i t A ' a n d i s

The c o s t o f t h e p r e L t u m f o r t h e a ~ o r e s a l d

bonds s h a l l

be p a i d by t h e CONTRACTOR. IV. ROUTES, SCHEDULES AND AREA OF SERVICE (a)

The a r e a

t o be s e r v e d by t h e s h u t t l e

Campus of UNIVERSITY and w i t h i n be d e s i g n a t e d

by t h e Vice P r e s i d e n t

h~s d e s i g n a t e d (b) all

be r e q u i r e d (c)

during

and s c h e d u l e s

registration

shall

class

to o p e r a t e

exa~tnation

days,

Saturday service

may

be on an h o u r l y b a s i s

and

b u s e s on U n i v e r s i t y periods,

610 h o u r s d u r i n g S p r i n g c l a s s e s ,

e x a n L t n a c l o n s and 390 h o u r s per day d u r i n g expressly

agreed upon.

year will

be r e q u i r e d .

A total

CONTRACTOR a g r e e s wltl

and f i n a l

and e x a m i n a t i o n p e r i o d s

265 h o u r s p e r day d u r i n g r e g i s t r a t i o n

service

be o p e r a t e d Monday t h r o u g h F r i d a y on

t o be r e n d e r e d by CONTRACTOR s h a l l

CONTRACTOR h e r e b y a g r e e s

(d)

o f t h e UNIVERSITY o r

( a p p r o x l m a c e l y 225 d a y s p e r y e a r ) .

Service

classes,

the

of t h a C i t y of A u s t i n as may

for Business Affairs

scheduled registration,

provided that

areas

be v i t h i n

representative.

Such r o u t e s

regularly

such other

bus s y s t e m s h a l l

stop for

the buses

approximately

630 h o u r s p e r day d u r i n g F a l l

325 h o u r s p e r day d u r i n g f i n a l the su~r

of a p p r o x l m a t e i y

that

routes

session,

unless

o~he~Ise

I 1 8 , 0 0 0 h o u r s of s e r v i c e

co be o p e r a t e d

in said shuttle

t h e p u r p o s e of p i c k i n g up and d i s c h a r g i n g

per

bus

passengers

* Exhibit A is on file in the Office of the Board of Regents. -

3 4

-

3595

only

m

S

m

m

m

mm

m

m

st bus s t o p s a t s p e c i f i e d UNIVR~ITT,

n

locations

m

that

,m

m

n

have been a g r e e d upon by CONT~ACTOR,

and The C i t y of A u s t i n .

Vo

CONSIDERATION (a)

For and in consideration of CONTKA~TOg furnishing such buses,

drivers,

and e x p e n s e s as s e t o u t a b o v e , and o p e r a t i n g

provided for herein, (c),

(d),

(e),

and ( f )

Travls County, Texas, operated

by a l l

ma~tlplled

driver this

a total

to the conditions

~

routes

set forth

t o pay CONTRACTOR, on o r d e r ,

in (b),

at Austin,

c o n t r a c ~ sum computed upon t h e n~ab~r of b o u t s

s u c h b u s e s on r o u t e

a c c o r d i n g t o t h e a g r e e d upon s c h e d u l e s

hourly

rate

and p a i d a t

the Interv~s

as

provided. The h o u r l y c h a r g e f o r e a c h bus s h a l l

and a l l

agreement.

periods.

subject

below, agrees

by t h e a p p r o p r i a t e

hereinafter (b)

UNIVERSITY,

the deslgnated

other

i t e m s CONTRACTOR i s

The t e r m o f t h l s

contract

The p e r ~ o d f r o m S e p t e m b e r I ,

the period from September l,

include

to furnish shall

the provision

pursuant

be d i v i d e d

1984 to A u g u s t 31,

1985 co A u g u s t 31, 1985, w l l l

of a

t o t h e t e r m s of into

f i v e one y e a r

1985, w i l l

be Y~ar I ;

be Year 2; t h e

period from September I, 1985 to August 31, 1987,~ilI b~ Year 3; the period from September i, 1987 to August 31, 198~, will be Year 4; and the period from September I, 1988 to August 31, 1989, will be Year 5.

The basic charge p e r

hour f o r s e r v i c e

Year 2 - $ 2 0 . 7 2 ,

-

will

be u

follows:

Year I - $ 2 0 . 0 7 ,

$21.24, Year 4 - $2i.75, and Year 5 - $22.42.

service addition

actually

r e n d e r e d on r o u t e

to the hourly charge,

according

there

shall

Paynim

Year 3

will be made for

t o t h e a g r e e d upon s c h e d u l e s .

be an a d d i t i o n a l

E x c e s s F u e l Cost

charge computed as follows: (I)

The base fuel price of .91 cents/gallon will be subtracted from the average weighted fuel price per g&llon for the month.

That remaining excess fuel price

will then be ~ I c l p l i e d

by the conversion race of 2.3

gallons per hour to obtain the Excess Fuel Co~c per hour of service. (2)

To obtain the average weighted fuel price for the billing month, the inventory (gallons of diesel fuel) on hand at the end of the previous month will be ~ultlplled by the last purchase price for that month. -

3 5

This beginning inventory

-

3593

In

m

m

m

m

m

m

cost ~ 1 1

m

mm

=ha b i l l i n g

diesel fuel inventory • ultiplled

(c)

computed above. presentation

month w i l l

statements

itemized

billing

this s~nth

the billlng

cost

of fuel

month used

bY t h e t o t a l

fuel

price

per gallon.

and p a y m e n t s o f t h e b a s i c

charge,

and t h e E x c e s s F u e l C o s t c h a r g e as

P a y m e n t s s h L L l be ~ e

the coapleted

for

be d i v i d e d

the ~ighted

V(b) a b o v e ,

of a properly

price

The r e s u ~ l t l n g n i t

be s e p a r a t e

in parasraph

F r o l ~h~s t o t a l ,

purchase

used to obtain

There shall

as described

during

by t h J l a s t

th~ b i l l i n g

gallons

aooth,

n

f u e l purchases

a t t h J ~nd o£ t h e b i l l i n g

be s u b t r a c t e d .

during

m

be added to tha ~ o t a l cost f o r a l l

made d u r L ~

wlll

m

within

8tatesmnt

period.

Billing

ten (lO) working days of of charges periods

for

will

urvlces

rendered

be a m i n i ~ m

o f one

month i n l e n g t h . (d)

Should the average welghced fuel

price

f o r any month d r o p b e l o w t h e

Base Fuel Price, UNIVERSITY will receive a credit on the next current billing

computed i n a c c o r d a n c e w i t h

the procedure

outlined

in paraKraphs

V(b)(1)

and

Y(b)(2) above. In the e v e n t

(e)

t h e m o n t h l y fuel billing s t a t e m m n t

is n o t available

prior to payment by UNIVI~.RSlTY for the billing month, UNIVERSITY will adjust

payment f o r

t h e nQxt s u c o a e d l n g

month's

operation

co a c c o u n t

f o r any

dlfferenc~s b~tween fuel prices billed and those actually paid by CONTRACTOR.

The p a r t i e s

(f)

above sectLona wlll t h e UNIVERSITY i s decision

necessary

be ~

subject

required,

to provide

individuals,

~h~t pay~mnt8 to t h e CONTRACTOL as p r o v i d e d

agree

access

to the availabillty

by e i t h e r

state o r f e d e r = l

to the shuttle

UNIVERSITY s h a l l

of funds.

bus s y s t e u

have t h e o p t i o n

t o comply w i t h s u c h law o r o r d e r ,

to e i t h e r

or to enter

In t h e e v e n t

law, or final

for

In t h e

court

handicapped provide into

the service

negotiations

for

CONTRACTOR to provide such ~dditional service as may be required. In the event the parties are unable ~o arrive at a satisfactory negotiated price for such a~ditlonal determines unfeasible,

required services,

o~ UNIVERSITY

that compllance with such law or court order is econoalcslly the UNIVERSITY

reserves the right co terminate

the contract on

reasonable notice to the CONTRACTOR. [n the event of term/natlon of this contract by the UNIVERSITY as provided above, the UNIVERSITY agrees,

insofar as authorized by law, ~o purchase such

buse~ as CONTRACTOR ~ay ~hen have in service in the performance of this -

36

-

3594

m

m

m

m

m

m

Contract shall

8t the fair

m

larket

mm

value

mumm

u

of such buses,

c o n v e y t o t h e UNIVERSITY the f u l l

and i n t h a t

and c l e a r

event,

n

CONTRACTOR

title

co s u c h b u s e s .

shall

be f u r n i s h e d

V•a CLASSIFICATION

The s h u t t l e

bus s e r v i c e ,

UNIVERSITY s t u d e n t s ,

OF

as h e r e i n

faculty

P~SEI~ERS

provided,

m e m b e r s , e m p l o y e e s , and t h e i r

for

dependents.

VII. MAINTENANCE OF RECORDS CONTRACTOR a g r e e s than

the following:

of routes

or schedule,

CONTEACTOIL n a y e l e c t UNIVERSITY s h a l l reasonable at

Its

wlth

c a u s e an a u d i t

any o t h e r

additional It

is

day f o r

noC l e s s t h e number

by e a c h bus on

Inforsatlon

expressly

t o s u c h b o o k s and r e c o r d s

the

provided

chat

a t any and all

purposes of exaalnation,

and may,

t o be made o f CONTEACTO[L'S book s and

Co t h e s e r v i c e

CONTRACTOR agrees t o c o o p e r a t e

shall r e f l e c t

on a n y g i v e n d a y ,

in such records.

the business

t h e same p e r t a i n s

c~a~;Ked w i t h

o f books t h a c

t h e number o f h o u r s o p e r a t e d

together

to include

times during

as

operated,

have complete access

own e x p e n s e ,

records,

a set

t h e number o f b u s e s o p e r a t e d

or schedules

each route

to m a i n t a i n

with

provided under this

the properl7

I n s p e c t l n 8 and a u d l t l n E

said

designated

contract.

UNIVERSITY o f f i c i a l

b o o k s and r e c o r d s .

VIII. LEGALITY OF CONTRACT It shall

is

expressly

provided

operation

be p e r f o r m e d i n c o m p l i a n c e w i t h

A u s t i n and l a w s o f t h e S t a t e of Authority

to transact

c o m p l y wlCh a l l This

that

contract

assigns. consent

shall

of Texas.

business

applicable

applicable

this

Thls Contract

contract

shall

their

without

be c o n s t r u e d

ocherwlse

Corporation

Act.

successors,

and

the prior

wricaen

and p e r f o r m e d i n

accordance wlth

t h e laws o f t h e S t a t e

o f T e x a s and any a c t i o n

hereunder

be b r o u g h t i n a c o u r t

of competent Jurisdiction

shall

a Certificate

o f T e x a s and s h a l l

hereto,

contract

of the C i t y of

obtain

o f The T e x a s B u s i n e s s

on t h e p a r t i e s

CONTRACTOR ,my n o t a s s i g n

ordinances

CONTRACTOR s h a l l

i n The S t a t e

provisions

be b i n d i n g

o f UNIVERSITY.

all

by CONTRACTOR u n d e r t h i ~

arising in Travis

County, Texas.

-

37

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3595

m

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n

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n

mm

m-'mlm,'n

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n

m

IX. HOLD ~A~tLKSS i CONTRACTOR a g r e e e t o i n d e u m i f y and h o l d t h t and a l l

damages o r l i a b i l l t l e s ,

from the a c t s within

tha terms of thls

action

arising

or r e s u l t i n g otherwise)

contract,

including

agents,

any c l a I I ,

i n f a v o r o f any p a r s o u o r e n t i t y , directly

from n e g l i g e n c e

o f CONTRACTOR, i t s

Under no c i r c u m s t a n c e s or l i a b i l i t y

whethmr mounding i n c o n t r a c t

o£ CONT~kCZOI o r i t s

or oalsslons

[JNIVgP~SI~ h a r n e s s

created

officare,

will

agents,

or core,

officers,

Joint,

or employees

incident

concurring,

representatives,

t h e UNIVERSITY be l i a b l e

resulting

demands, or causes of

growing out of,

(whether sole,

f r o m any

to,

or

or employees.

f o r any i n d e b t e d n e s s

by CONTRACTOR.

Xo

CANCELLATION I f CONTRACTOR i s

in default

u n d e r any t e r m o f t h i s

contract,

then the

UNIVEKSITY shall give CONTRACTOR written notice of such default and C0NTRACTOR shall have twenty (20) days in which to cure such default, and the failure of CONTRACTOR t o c u r e a n y s u c h d a f a u l t notice of t h e s ~

within

t w e n t y (20) d a y s a f t e r

written

by Ohm UNIVERSITY shall give t h e UNIVEKSITY t h e right t o

cancel this contract i ~ d l a C e l y .

Xl. NOTICE Whenever b - r l t t e n n o t i c e contract

the notice

Business Affairs, Texas

78712,

14801 C a l l f a

by any o f t h e p r o v i s i o n s

of Texas at A u s t i n ,

o r by t h e UNIVERSITY t o : Street,

thereto.

of thls

be g i v e n by CONTRACTOR t o t h e Vice P r e s i d e n t

The U n i v e r s i t y

g l v e n by d e p o s i t i n g affixed

shall

is required

President,

Van Nuys, C a l i f o r n i a

91411.

same i n t h e U n i t e d S t a t e s Any p e r i o d o f n o t i c e

shall

fo~

P.O. Box 8179, A u s t i n ,

ARA T r a n s p o r t a t i o n ,

Inc.,

Any n o t i c e

shall

mall vlth

required

sufficient

b e g i n on t h e d a c e t h a t

postage notice

is

mailed.

XlI. SUSPENSION Without affecting any right of terQLinatlon set forth in thls agreement, either party may suspend this agreement at any tlae because of war,

-

_

3 8

-

35£}6

be

IN

l

l

n

decl~atLoa

NM

~I

oE a s l a t e

n

n

~

M M ~ ' q ~ P p'HIN

n

Hi

of nacLonLt e m e r s e n c y , a c t s o f God o r ImbILc s u e • y , o r

o t h a r e.m~e beyond tim c o n t r o l

of s u c h p s r t y ,

by S L v i q

th8 o t h e r p a r t y u r r l t t e n

n o t i c e of 8UlpensLon and the r e a s o n f o r t h e u m 8 . Payments Co be made an~ s e r v i c e s

t o be r s n d e r s d u n d e r t h i s

n o t b e c o s e due durLn~ • p e r i o d o f s u s p e n s i o n .

asreeuent shall

Olmer nay s e c u r e the s e r v i c e s

h e r e i n c o n t e m p l a t e d f r o a ~ a o c h e r s o u r c e durin4[ any p e r i o d i n vhLch c o n t r a c t o r suspends performance under t h i s

agresneut.

ATTEST:

BOARD OF REGENTS OF THE

UNIVEItSITY OF TEXAS SYSTEM

aP.

Hereon, Chairman

Board o f L s S e n t s o f The U n L v e r s i c y o f Texas System

ATTEST:

By:

I LIO#EO. ,

VICE PRESIDENT FOR OPERATIONS ARA TRANSPORTATION, INC.

T~A~$PORTATION, INC.

APPROVED AS TO FOR//:

APPROVED AS 1"0 CONTENT:

University Attorney

A~torney for C o n t r a c t o r

-

39

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3597

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w nmm

mmmm m

Amendment to Shuttle Bus Servlce Contract

Tim STATEOFTOteS Cotm'rY OF "rR.AVlS WHmm.CS, by contract dared ~

UNNERsrrY oFTExAs ~ ,

i 3 , 1983, TH~ BOARDOVRECmm'S OF THE

hereinafter mfm'r~ to as "BOARD," acting through its then

duly authorizod chairman, .]'on P. Newton, did contract fix certain shuttl~ bus associated service.s for the use and b~e..fit of Tim UNNERsrrY OFTEXASATAUSTn,¢, hereinaftar" UNIVERSrrY," with ARA TRANSPORTATION,INC., now doing busincss as LA~t.Aw TRANsrr, INC., having its home office and principal place of business in Van Nuys, California, hereinafter referred m as "CONTRACTOR," and; WHERg.cS, the parties to the aforementioned contract do now agree to amend that contract to l:n~vidc increased s~'vicc to U ~ ; WrrNv.,ssk-"rtI, the following tcnns of the aforementioned contract axe hereby mod.i.fied as follows: Paragraph If: Replace I II in its ent.i.mty with the following: II. TERM OF THE CC)NTRACT This contract shall apply ~ all ~

years beginning with the Fall semester of

1985 and terminating with the conclusion oftha Summm" som~rar of 1989. ALl academic years he.~in referral to shall bo as defme.d in The Universi~ ofTe.xa~ atA~tin Course

Schedule (Exhibit I, attached) for the aFpropriam year. Paragraph IH(b): Replace I III(b) in its enRrecy "~rhhthe following: (b) meet all ~ c ~

CONTRACTORagr~s to furnish a m i n ~ u m of seventy-six (76) buses that of this contract to perform the services herein contractcd to be performed.

Of these seventy-six buses, a reserve of five (5) buses shall be allocated md maintained for use in case of a breakdown or falhu-~ of any of the bus~;-, used daily on the routes. Should any bus be placed ou~.cf service for any reason, CONTRACTORshall ~plac.e that bus immedi atcly with another bus that n~ets the minimum standards set forth herein.

-

40

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3598

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AMENDMENT TO SHUTTLE BUS SERVICE CONTRACT PAGE 2

Paragraph IV(c): Replace I IV(c) in its entirety with the following: (c)

Service to be mndcr~l by ~ c ' r o L

shallbe on an hourly basis and

CONTRACTOR hereby agrees to opcmtc buses on U ~ / ~ s r r Y routes approximately 3 I0 hours per day during rcgiswation periods, 736 hours Per day during Fall classes, 713 hours per day during Spring classes, 456 hours ~

day during Summer sessions and 380 hours per

day- during finalexaminations, unless otherwise agze.edupon. A totalof appmx.imately 138,000 hours of service per year will be required. Paragraph V(b) Replace ¶ V(b) up to (1) with the following: (b)

The hourly charge for each bus shall include the provision of a driver and all

o t h ~ items C o t c n ~

is to furnish pursuant to the terms of this agr~ment. The ~ n n of

this contract shall be divided into four one yem" periods and shallcomn~ncc with the acadc mic year following Year I of t.beoriginal contract herein amended. The firstyear under this amendment shall be called Year 2 and shall be the 1985-86 academic year. The second year under this m~,cndmcnt shall be called Year 3 and shall be the 1986-87 academic year. The third year und-r this amendment shall be ca.lled Year 4 and shall be the 1987-88 acadc mic year. The fourth year under this an'~ndmcnt shall be called Year 5 and shall bc the 1988-89 acadcrnic year. "I'b.~basic charge per hour of service will be as follows: Year 2

$21.32

Year 4

$22.39

Year 3

$21.86

Year 5

$23.08

Payments will be made for service actually rendered on route according to the agreed upon schedules. In addition to the hourly charge, ~he.rc shall be an additional Excess Fuel Cost adjustment compute, d as follows: [Continue with original Paragraph vCo) (1).]

Paragraph XI. Replace ¶ XI in its entirety with the following: XI. NOTICE Whenever written notice is requixed by any of the provisions of this contract the notice shall be. given by CONIRACTORtO: Vice President for Business Affairs The University of Texas at Austin P.O. Box 8179 Austin, Tcx~ 78713

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AMENDMENTTO SHUI'rLE BUS SERVICECONTRACT

m

PAGE 3

or by U N r ~ r r v to

:

Laidlaw Transit,Inc. 14801 CalifaSu'eet Van Nuys, California9141 I.

Any noticerequiredshallbe given by depositingsame in the United S~t~ mail with suff'u:icntpostageaffixedthereto. Any periodof noticeshall begin on the dam that noticeis mailed.

D.= ¢F- z

?-g>'--

LXmLAW TRANsrr, INC.

BY: /

~ ¢ ' i Victor A. Webster ,pREStDeCr ~ w TRAssrr, ~C..

William J ~ s o n -VIC~ PR~Sm~Ct POa (~SRA~ONS ~ W TRANST, L~c.

~PRO~

..

BOARDOFRSG~S OFnm

UNIVERSITYOFTEXASSYSTEM

T•. ~

xecutive Vice Chancellor for Academic Affairs

AM~OV-r.D:

UNIvER.sr~ OF TEXAS AT AUSTIN

THE UNIVERSITYOFTEXASSYSTEM

CERTIFICATE OF A P P R O V A L I hereby certifythatthe foregoingAnzndmcnt to ShuttleBus ServiceContractwas approved b ~ BOARD OF REGENTS OF THE UNIVE.RSITYOF TEXAS SYSTEM on the //77,' day of ,'¢~ //.. , 1985, and thatthe person whose signar:ur¢appears above is authoriz~ m e..xccumsuch agreement or,behalfof the BOARD.

T ~ UNIVF.RSn'YoF TEXASSYSTEM

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REPORT AND R E C O M M E N D A T I O N S OF THE ACADEMIC AFFAIRS COMMITTEE (Pages 43 - 5 3 ) . - - C o m m i t t e e Chairman Baldwin r e p o r t e d that the Academic Affairs Committee had met in open session to consider those'matters on its agenda and to formulate r e c o m m e n d aPt i'o n s "' for the U. T. Board of Regents. Unless otherwise indicated, the actions set forth in the Minute Orders which f o l l o w , e r e r e c o m m e n d e d by the Academic Affairs Committee and approved in open session and without o b j e c t i o n by the U. T. Board of Regents:

i.

U. T. Board of Regents and U. T. Austin: Appointment of (a) Mr. John Fainter, Austin, Texas, as Regental R e p r e s e n t a t i v e to Intercollegiate Athletics Council for Men and (b) Mrs._ Nancy Inman, Austin, Texas, as Regental R e p r e s e n t a t i v e to Intercollegiate Athletics Council for Women Effective September i, 1988.--Upon r e c o m m e n d a t i o n of Chairman Blanton, the Board appointed the following Regental r e p r e s e n t a t i v e s to The U n i v e r s i t y of Texas at Austin Intercollegiate Athletics Council for Men and the Intercollegiate Athletics Council for Women each for a term b e g i n n i n g September i, 1988 and ending August 31, 1992: a.

Mr. John Fainter, Austin, Texas, to succeed Mr. Howard N. Richards on the Intercollegiate Athletics Council for Men

b.

.

Mrs. Nancy Inman, Austin, Texas, to succeed M r s . Betty H i m m e l b l a u on the Intercellegiate Athletics C o u n c i l for Women.

U. T. System and U. T. Austin: Permission for Drs. Hans Mark, William L. Fisher, Austin M. Gleeson, Herbert H. W..o o d s o n and N o r m a n H a c k e r m a n to Serve as Members of the Texas Scientific A d v i s o r y Council [Regents' Rules and Regulations/ Part One, Chapter III, Section 13, Subsections 13.(i0) and i 3 . ( l l ) ] . - - P e r m i s s i o n was granted for the following indi%idUais to serve on the Texa~ " Scientific A d v i s o r y Council, pursuant to Executive Order WPC-88-5 dated February 19, 1988: Dr. Hans Mark, .Texas System

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The U n i v e r s i t y

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Dr. W i l l i a m L. Fisher, Professor, D e p a r t m e n t .0f Geological Sciences; Chairman, D e p a r t m e n t of. GeO!ogical Sciences; and Director, Bureau ..... ' ~0f Economic Geology, The University of Texas :at~A u s t i n !b ii: , Dr. ~us~in M. Gleeson, Professor, D e p a r t m e n t ozfii~hysics, The U n i v e r s i t y of Texas at

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Dr: Norman Hackerman, Professor Emeritus, D e p a r t m e n t of Chemistry, The U n i v e r s i t y ~gfTexas at Austin.

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the call of the Chairman and the compensation, although they are travel and expenses. The members of the Governor.

The appointment of these individuals is of benefit to the State of Texas, creates no conflict with their regular duties, and is in accordance with approval requirements for positions of honor, trust, or profit provided in Article 6252-9a of Vernon's Texas Civil Statutes and Part One, Chapter III, Section 13, Subsections 13.(10) and 13.(11) of the Regents' Rules and Regulations. .

U. T. Arlington: Approval of Rental Rates for University-Owned Residence Halls (Dormitories), University Village and Other Apartments Effective Fall Semester 1988 (Catalog Change).--The Board approved the rate schedule set forth below for University-Owned Residence Halls (Dormitories), University Village and other apartments at The University of Texas at Arlington effective with the Fall Semester 1988:

The University of Texas at Arlington Rate Schedule for 1988-89 University-Owned

Residence

Halls

(Dormitories)

LONG SESSION 1988-89 Rate Lipscomb Lipscomb Trinity Brazos Pachl

(North) (South)

$1,200 1,200 1,200 1,050 1,050

SUMMER SESSION Lipscomb Lipscomb Trinity Brazos Pachl

(North) (South)

420 420 420 420 420

Summer Groups

$i0 per night per person Apartments

Property Deposit

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No. of Units

MonthlyRate 1988-89

80 28 12 4 4

$290* 310 ~ 305 * 330* 330*

Border West 1 bedroom 2 bedroom

18 19

310 410

Cooper South 1 bedroom 2 bedroom

14 15

310 410

1 bedroom 2 bedroom

7 7

250* 360*

Pisces 1 bedroom 3 bedroom

58 1

275 410

Capricorn 1 bedroom 1 bedroom

48 4

290 300

Campus 1 bedroom 3 bedroom

28 1

250 ~ 350*

University Village 1 1 1 1 1

bedroom bedroom bedroom bedroom bedroom

(2 (2 (2 (2 (3

people) people) people) people) people)

Other A p a r t m e n t s ** Complex

West

San

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Mar 1 bedroom

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Shelmar N o r t h Shelmar South 1 bedroom 2 bedroom

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260 290

T e n a n t pays e l e c t r i c a l bills. These apartments were a c q u i r e d t h r o u g h the land a c q u i s i t i o n p r o g r a m for U. T. Arlington. Rates are b a s e d on size and c o n d i t i o n of apartments in c o m p a r i s o n w i t h p r i c i n g schedules in the City of Arlington.

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No. of Units

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M o n t h l y Rate 1988-89

Recently Purchased Apartments*** W a r w i c k II 1 bedroom 1 bedroom

6 12

$290 300

W a r w i c k III 1 bedroom

14

290

Warwick V Efficiency 1 bedroom 1 bedroom

1 3 8

210 310 320

70 2 8 4

270 275 360 365

Key's 1 1 2 2

bedroom bedroom bedroom bedroom

The purchase of the W a r w i c k Apartments I, II, III and V was r a t i f i e d at the A u g u s t 1985 m e e t i n g of the U. T. Board of Regents. W a r w i c k I is leased to United Parcel Service. The p u r c h a s e of the Key's Apartments was authorized at the June 1987 meeting. A p p r o x i m a t e l y 65% of the apartment rental rates were reduced due to the d e p r e s s e d housing m a r k e t in the A r l i n g t o n area, more attractive rental packages being offered by the private sector, and the loss of several hundred international students and out-of-state students n e g a t i v e l y impacting U n i v e r s i t y H o u s i n g applications and o c c u p a n c y rates. It w a s . o r d e r e d that the next ~ p p r o p r i ~ t e catalog,published at U. T. A r l i n g t o n be amended to conform to this action. .

U. T. Austin: A u t h o r i z a t i o n to E s t a b l i s h a Ph.D. Degree in Slavic Languages and to Submit the P r o g r a m to the C o o r d i n a t i n g Board for Approval (Catalog Change).--Authorization was granted zo establish a Ph.D. degree in Slavic Languages at The U n i v e r s i t y of Texas at A u s t i n and to submit the p r o g r a m to the Texas Higher E d u c a t i o n Coordinating Board for approval. If approved by the Coordinating Board, i m p l e m e n t a t i o n will be in Fall 1989. The p r o g r a m will be called the Ph.D. in Slavic Languages and will have two options, an option in Russian Literature and Culture and an option in Slavic Linguistics. These are the same options as exist in the master's degree program.

6

T h e ~ D e p & r t m e n t of Slavic Languages proposes to add only one new course to the course inventory and to rearrange faculty teaching schedules so that this course can be taught with the e x i s t i n g faculty resources. The new three-hour course will be entitled "Advanced Composition and C o n v e r s a t i o n in Russian." U. T. Austin's library resources are more than adequate to support the program. Hence, the d e p a r t m e n t believes that offering the degree

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p r o g r a m will actually reduce the need for state resources because students will be able to obtain the Ph.D. in Slavic Languages more rapidly than they can obtain degrees in either Comparative Literatume or Linguistics • and because only one new course will be required. This degree program meets regional and national needs, will be of high quality, can be implemented w i t h o u t additional resources, is within the role and scope of the institution and is included in the University's strategic plan. Upon C o o r d i n a t i n g Board approval, the next appropriate catalog p u b l i s h e d at U. T. Austin will be amended to reflect this action. .

U. T. Austin: A p p o i n t m e n t s to Endowed Academic Positions in the (a) School of Architecture, (b) College of Business A d m i n i s t r a t i o n and the Graduate School of Business, (c) College of Fine Arts, (d) School of Law and (e) College of Natural Sciences Effective September i, 1988.--The Board approved the following initial appointments to endowed academic positions at The Univ e r s i t y of Texas at Austin effective September i, 1988, w i t h the u n d e r s t a n d i n g that professors would vacate any c u r r e n t l y held endowed positions on the effective date of the new a p p o i n t m e n t unless otherwise indicated: a.

School

of A r c h i t e c t u r e

Mr. Lance E. Tatum, Professor, to the Martin S. Kermacy Centennial Professorship in A r c h i t e c t u r e b.

College of Business A d m i n i s t r a t i o n the Graduate School of Business

and

Dr. Janice M. Beyer, Professor of Management, G r a d u a t ~ School of Business Administration, New York University, to the Rebecca L. Gale Regents P r o f e s s o r s h i p in Business Dr. Beyer will become a Professor in the D e p a r t m e n t of M a n a g e m e n t effective September i, 1988. C

.

College

of Fine Arts

Dr. Oscar G. Brockett, Virginia M u r c h i s o n Regents Professor in Fine Arts, to the Z. T. Scott Family Chair in Drama d.

School .

L.

of Law

Mr. John A. Robertson, The Baker & Botts P r o f e s s o r in Law, to the Anne Green Regents Chair for the 1988-~89 academic year only Professor R o b e r t s o n wikl retain his a p p o i n t m e n t to The Baker & Botts P r o f e s s o r s h i p in Law during his one-year appointment to this Chair.

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Mr. Edward F. Sherman, Angus G. Wynne, Sr. P r o f e s s o r in Civil Jurisprudence, to the W. James { r o n z e r [email protected] in Trial and - • Appellate A d v o c a c y

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Mr. David W. Robertson, Hines H. Baker and Thelma Kelley Baker Chair in Law, to the A. W. Walker Centennial Chair

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Mr. Douglas Laycock, A. D a l t o n Cross Professor at Law, to the Alice McKean Young Regents Chair in Law

College of Natural

m

Sciences

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Dr. Lynton S. Land, Gulf Oil Foundation Centennial Professor in Geology, to the Edwin Allday Centennial Chair in Subsurface G e o l o g y

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Dr. Edward L. Robinson, Professor, D e p a r t m e n t of Astronomy, to the W i l l i a m B. B l a k e m o r e II Regents P r o f e s s o r s h i p in A s t r o n o m y See Page 70 related to r e d e s i g n a t i o n of this Professorship.

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Dr. Richard C. Starr, Ashbel Smith Professor, to the H a r o l d C. and Mary D. Bold Regents P r o f e s s o r s h i p of Cryptogamic Botany (Phycology)

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Dr. Clark Hubbs, Professor, D e p a r t m e n t of Zoology, to the Clark Hubbs Regents P r o f e s s o r s h i p in Zoology See Page 73 for e s t a b l i s h m e n t th{s Professorship.

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of

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Dr. K. Mani Chandy, P r o f e s s o r in Computer Sciences (second), to the Regents Chair in Computer Sciences

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Dr. James C. Browne, Professor in Computer Sciences (first), to a second Regents Chair in Computer Sciences.

U. T. Austin: P e r m i s s i o n for Dr. William L. Fisher to Serve as a Member of the National Petroleum Council [Regents' Rules and Regulations, Part One, Chapter III, Section 13, Subsections 13.(10) and 13.(ll)].--Permission was given for Dr. William L. Fisher, D i r e c t o r of the Bureau of Economic Geology, Professor and Chairman, D e p a r t m e n t of Geological Sciences at The U n i v e r s i t y of Texas at Austin, to serve as a member of the National P e t r o l e u m Council. Dr. Fisher's appointment to this Council by Secretary of Energy John S. H e r r i n g t o n is of b e n e f i t to the State of Texas, creates no conflict with his regular duties at U. T. Austin and is in a c c o r d a n c e with aoproval requirements for positions of honor, trust, or profit p r o v i d e d in Article 6252-9a of Vernon's Texas Civil Statutes and Part One, Chapter III, Section 13, Subsections 13.(10) and 13.(11) of the Regents' Rules and Regulations.

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Dr. F i s h e r ' s a p p o i n t m e n t to this Council will be effective i m m e d i a t e l y and expires on D e c e m b e r 31, 1989, and will be w i t h o u t additional compensation. .

U. T. Austin: A u t h o r i z a t i o n to G r a n t a T h i r d - Y e a r Leave of A b s e n c e W i t h o u t Pay to Dr. Thomas G. Muir, Jr., A p p l i e d R e s e a r c h L a b o r a t o r i e s (ARL), for the 1988-89 Fiscal Year (Part One, C h a p t e r III, Section 16, Subsection 16.4 of the Regents' Rules and R e g u l a t i o n s ) . - - T h e B o a r d g r a n t e d a t h i r d - y e a r leave of absence, w ~ t h o u t pay, to Dr. Thomas G. Muir, Jr., R e s e a r c h Scientist, A p p l i e d R e s e a r c h L a b o r a t o r i e s (ARL) at The U n i v e r s i t y of Texas at Austin, for the 1988-89 fiscal year, in a c c o r d a n c e with P a r t One, C h a p t e r III, S e c t i o n 16, S u b s e c t i o n 16.4 of the Regents' Rules and Requlations. Dr. Muir has b e e n on leave for the p a s t two years to serve as a r e s e a r c h s c i e n t i s t in the Supreme A l l i e d Command, A t l a n t i c F l e e t (SACLANT) E n v i r o n m e n t a l A c o u s t i c s Group, U n d e r w a t e r R e s e a r c h Division, at the SACLANT Centre w i t h i n the Italian naval base at La Spezia. The center is a r e s e a r c h l a b o r a t o r y w h i c h operates under NATO to p r o v i d e advice and a s s i s t a n c e to SACLANT in the field of a n t i s u b m a r i n e warfare. Dr. Muir's p o s i t i o n p r o v i d e s him the o p p o r t u n i t y to m e e t and i n t e r a c t on a p r o f e s s i o n a l basis w i t h l e a d i n g i n t e r n a t i o n a l scientists in his field and senior naval officers from the M e d i t e r r a n e a n and A t l a n t i c fleets. This exposure will b r o a d e n his b a c k g r o u n d and enhance his e f f e c t i v e n e s s at ARL upon his r e t u r n to U. T. Austin.

.

U. T. Austin: A p p r o v a l of Changes in C o m p u l s o r y Student Services Fees E f f e c t i v e w i t h the Fall S e m e s t e r 1988 (Catalog C h a n g e ) . - - U p o n r e c o m m e n d a t i o n of the A c a d e m i c Affairs Committee, the C o m p u l s o r y Student Services Fee at The U n i v e r s i t y of Texas at A u s t i n was i n c r e a s e d from $88.48 to $89.85 per s e m e s t e r or summer session for a s t u d e n t t a k i n g twelve s e m e s t e r c r e d i t hours or more ,h ~ f ~ e c t i v e w i t ~ the Fall S e m e s t e r 1988. This fee change is c o m p r i s e d of a decrease in the C o m p u l s o r y Student Services Fee for the o p e r a t i o n of the Student H e a l t h Center from $37.00 to $36.45 and an increase in the c o m p u l s o r y credit hour S t u d e n t Services Fee from $4.29 to $4.45 per semester c r e d i t hour for a m a x i m u m charge of $53.40 for a student t a k i n g twelve credit hours or more of course work per s e m e s t e r or summer session. The S t u d e n t H e a l t h Center receives a flat fee per student who is e n r o l l e d for one or more semester c r e d i t hours of course work. A g e n c i e s in a d d i t i o n to the Student H e a l t h Center r e c e i v i n g partial or total supp o r t from the C o m p u l s o r y S t u d e n t Services Fees are: Students' Attorney, D i v i s i o n of R e c r e a t i o n a l Sports, Shuttle Bus Service, Campus A c t i v i t i e s Office, C a b i n e t of College Councils, The D a i l y Texan, Ombudsman, Students' Association, Student Services Fees Committee, U n i v e r s i t y S t u d e n t Child Care Association, and KTSB S t u d e n t Radio. It was o r d e r e d that the next a p p r o p r i a t e c a t a l o g p u b lished at U. T. A u s t i n be a m e n d e d to c o n f o r m to this action.

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• T. Austin: Approval to Name the New Marine Science ~ns--tl-tute Shoal Draft vessel the Etta ~ t s ' ~ Re-~l_lations,-Pa_~O~ter VIII, Section T" SubsectiOn 1.27 Namln~]o-{ F a c i l i t i e s ~ T - - ~ Bu--~_ ' ings).--Approval was glven to name the new 32-foot shoal draft vessel of the Marine Science Institute at The University of Texas at Austin the Etta Armstrong, in accordance with the Regents' Rules and Regulations, Part One, Chapter VIII, Section i, Subsection 1.2, relating to the naming of facilities other than buildings. The naming of this vessel is in memory of Mrs. Henrietta (Etta) Armstrong, a very active, generous former member of the Marine Science Institute Advisory Council.

i0.

U. T. Dallas: Approval to Grant a Second-Year Leave of Absence Without Pay to Dr. Murray J. Leaf, School of Social Sciences, for the 1988-89 Academic Year (Part One, Chapter III, Section 16, Subsection 16.3 of the Regents' Rules and Regulations).--In accordance with Part One Chapter III, Section 16, Subsection 16.3 of the Regents' Rules and Regulations, the Board granted a second-year leave of absence, without pay, to Dr. Murray J. Leaf, Professor in the School of Social Sciences at The University of Texas at Dallas, for the 1988-89 academic year. Dr. Leaf has been on leave since September 1987 in New Delhi, India, working on an irrigation management training project. A second-year leave of absence will allow completion of the project and will provide a wealth of teaching resources upon Dr. Leaf's return to U. T. Dallas in Fall 1989.

ii.

U. T. Dallas: Dr. Ram C. Rao Appointed Initial Founders' Professor for the 1988-89 Academic Year Only Effective September i, 1988.--The Board, upon recommendation of the Academic Affairs Committee, appointed Dr. Ram C. Rao, Associate Professor in the School'of Management, as the initial Founders' Professor at The University of Texas at Dallas for the 1988-89 academic year only effective September i, 1988. In February 1982, the U. T. Board of Regents established five nonendowed Founders' Professorships to recruit distinguished senior faculty to U. T. Dallas.

12.

U. T. Dallas: Appointment of Mr. George A. McMechan as Initial Holder of the Ida M. Green Professorship for the 1988-89 Academic Year Only Effective Septem ber i, 1988.--Upon recommendation of the Academic Affairs Committee, the Board appointed Mr. George A. McMechan, Professor of Geosciences and Director of the Center for Lithospheric Studies, as initial holder of the Ida M. Green Professorship at The University of Texas at Dallas for the 1988-89 academic year only effective September i, 1988.

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U. T. Dallas: Establishment of the Erik Jonsson School of Engineering and Computer Science Advisory Council and Approval of Initial Nominees Thereto.--In accordance with the Regents' Rules and Regulations, Part One, Chapter. VII, Section 3],authorization was given to establish an Advisory Council for the Erik Jonsson School of Engineering and Computer Science at The University of Texas at Dallas and initial nominees thereto were approved. The names of the nominees will be reported for the record after they have been contacted and acceptances have been received.

14.

U. T. E1 Paso: Dr. J. p. Hsu A__~ointed Initial Holder of the First Mr. and Mrs. Macintosh Murchison Chair-~n Engineering Effective Immediately±--Approval was given to appoint Dr. J. p. Hsu, former President of Zee & Associates, Boston, Massachusetts, as initial holder of the first Mr. and Mrs. Macintosh Murchison Chair in Engineering at The University of Texas at E1 Paso effective immediately. Dr. Hsu's appointment as Professor effective June I, 1988.

15.

at U. T. E1 Paso was

U. T. San Antonio: Approval to Increase the Compulsory S__tudent Services Fee Effective with the Fall Semes ter 1988 (Catalog Change).--The Board, upon recommendation of the Academic Affairs Committee, approved an increase in the Compulsory Student Services Fee at The University of Texas at San Antonio from $7.50 to $9.00 per semester credit hour with a maximum charge of $90 per semester or summer session to be effective with the Fall Semester 1988. This increase will staff salaries and tinue to provide a including addition students.

be used to cover the added costs for to allow U. T. San Antonio to convariety of important student services, of shuttle services for handicapped

The next appropriate catalog published at U. T. San Antonio will be amended to conform to this action. 16.

U. T. Tyler: Appointment of (a) Dr. John X. Evans and (b) Dr. Robert J. Loewenberg as Initial Holders of the Mary John and Ralph Spence Distinguished Professorship for the Second Summer Session 1988 Only.--The Academic Affairs Committee recommended and the Board appointed the following visiting professors as initial holders of the Mary John and Ralph Spence Distinguished Professorship at The University of Texas at Tyler for the Second Summer Session 1988, effective July 7, 1988 through August ii, 1988 only: a.

Dr. John X. Evans, Professor of English, Arizcna State University, Tempe, Arizona

b.

Dr~ Robert J. Loewenberg, Director of the Institute for Advanced Strategic and Political Studies, Jerusalem, Israel.

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U. T. Arlington, U. T. Austin, U. T. Dallas, U. T. E1 Paso, U. T. Permian Basin, U. T. San Antonio, U. T. Tyler and U. T. Institute of Texan Cultures - San Antonio: Nominees to Development Boards and Advisory Councils Effective September l, 1988.~-Approval was given to nominees for membership on the following development boards and advisory councils of the general academic institutions of The University of Texas System to be effective September i, 1988. The names of those accepting membership will be reported for the record at a subsequent meeting of the U. T. Board of Regents. a.

The University

of Texas at Arlington

Development Board Graduate School of Social Work Advisory Council School of Architecture and Environmental Design Advisory Council College of Business Administration Advisory Council College of Engineering Advisory Council School of Nursing Advisory Council b.

The University

of Texas

at Austin

Development Board School of Architecture Foundation Advisory Council College of Business Administration Foundation Advisory Council College of Communication Foundation Advisory Council College of Education Foundation Advisory Council College of Engineering Foundation Advisory Council College of Fine Arts Foundation Advisory Council Geology Foundation Advisory Council Graduate School Foundation Advisory Council Graduate School of Library and Information Science Foundation Advisory Council College of Liberal Arts Foundation Advisory Council College of Natural Sciences Foundation Advisory Council Pharmaceutical Foundation Advisory Council School of Social Work Foundation Advisory Council Marine Science Institute Advisory Council McDonald Observatory and Department of Astronomy Board of Visitors School of Nursing Foundation Advisory Council Texas Union Advisory Council Longhorn Associates for Excellence in Women's Athletics Advisory Council Longhorn Foundation Advisory Council c.

The University

of Texas

at Dallas

Development Board Advisory Council for the Advisory Council for the Communication Disorders Advisory Council for the Advisory Council for the Humanities Advisory Council for the d.

The University

of Texas

Development Board College of Engineering

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Sciences

at E1 Paso Industrial

Advisory

Council

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The University of Texas of the Permian Basin Development Board

f.

The University of Texas at San Antonio

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Development Board College of Business Advisory Council College of Fine Arts and Humanities Advisory Council g.

The University of Texas at Tyler Development Board

h.

The University of Texas Institute of Texan Cultures at San Antonio /

Development Board

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REPORT AND R E C O M M E N D A T I O N S OF THE HEALTH AFFAIRS COMMITTEE (Pages 54 - 5 6 ) . - - C o m m i t t e e Chairman Yzaguirre reported that the Health Affairs Committee had met in open session to consider those items on its agenda and to formulate recommendations for t h O U . T. Board of Regents. Unless otherwise indicated, the actions set forth in the Minute Orders which follow were r e c o m m e n d e d by the Health Affairs Committee and approved in open session and without o b j e c t i o n by the U. T. Board of Regents: .

U. T. Southwestern Medical Center - Dallas: Appointment of Initial Holders - (a) Paul C. Peters, M.D., to the E. E. Fogelson and Greer Garson Fogelson Distinguished Chair in Urology, (b) Douglas Sinn, D.D.S., to The Robert V. Walker D.D.S. D i s t i n g u i s h e d Professorship in Oral Surgery and (c) Golder N. Wilson, M.D., to the Professorship in Pediatric Genetics Effective Immediatel$.--The Board approved ÷~^ r^11_..~__ ~ _ ~ < _ ~ appolntments to endowed academic positions at The University of Texas Southwestern Medical Center at Dallas effective immediately: a.

Paul C. Peters, M.D., Professor of Surgery and Chairman of the D i v i s i o n of U r o l o g y in the D e p a r t m e n t of Surgery, to the E. E. Fogelson and Greer Garson Fogelson Distinguished Chair in Urology See Page 78 related to the e s t a b l i s h m e n t of this Chair.

b.

Douglas Sinn, D.D.S., Professor and Chairman of the D i v i s i o n of Oral Surgery in the D e p a r t m e n t of Surgery, to The Robert V. Walker D.D.S. D i s t i n g u i s h e d P r o f e s s o r s h i p in Oral Surgery See Page 79 related to the e s t a b l i s h m e n t of this Professorship.

C.

.

Golder N. Wilson, M.D., Ph.D., Chief of the Genetics Division, to the P r o f e s s o r s h i p in Pediatric Genetics.

U. T. Medical Branch - Galveston: Approval of Rate Increases for Dormitories and Apartments Effective Fall Semester 1988 (Catalog Change).--As a result of the continuing increase in operating costs such as utilities, salaries and general maintenance, the Board approved the following rental rates for dormitories and apartments at The U n i v e r s i t y of Texas Medical Branch at Galveston effective with the Fall Semester 1988:

M o n t h l y Rate D o r m i t o r y Rooms Semi-Private Private

$125.00 180.00

Apartments Two p e r s o n s / a p a r t m e n t Three p e r s o n s / a p a r t m e n t

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365.00

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It was ordered that the next appropriate catalog published at the U. T. Medical Branch - G a l v e s t o n be amended to conform to this action. .

°U. T. M.D. A n d e r s o n Cancer Center: Approval to Appoint (a) Thomas P.~Hayni~,'M.D.] as Initial H o l a e r o f the -James E. A n d e r s o n P r o f e s s o r s h i p in Nuclear Medicine and (b) Victor A. Levin, M.D., as Initial Holder of the B e r n a r d W. B i e d e n h a r n Chair in Cancer Research Effective I m m e d i a t e l y . - - U p o n r e c o m m e n d a t i o n of the Health Affairs Committee, the Board approved the following initial appointments to endowed academic positions at The Univ e r s i t y of Texas M.D. A n d e r s o n Cancer Center effective immediately: a.

Thomas P. Haynie, M.D., Chairman of the D e p a r t m e n t of N u c l e a r Medicine in the Division of Diagnostic Imaging, to the James E. A n d e r s o n P r o f e s s o r s h i p in Nuclear Medicine See Page 80 related to the r e d e s i g n a t i o n this endowment.

b.

of

Victor A. Levin, M.D., Professor and Chairman of the D e p a r t m e n t of N e u r o - O n c o l o g y in the D i v i s i o n of Medicine, to the Bernard W. B i e d e n h a r n Chair in Cancer Research. //::

.

U. T. S o u t h w e s t e r n Medical C e n t e r - Dallas, U. T. Medical Branch - Galveston, U. T. H e a l t h Science Center - Houston, U. T. Health Science Center - San Antonio, U. T. M.D. A n d e r s o n Cancer Center and U. T. Health Center - Tyler: Nominees to D e v e l o p m e n t Boards and A d v i s o r y Councils Effective September i, 1988.--Approval was given to nominees for membership on the following development boards and advisory councils of the h e a l t h - r e l a t e d institutions of The U n i v e r s i t y of Texas System to be effective September i, 1988. The names of those accepting m e m b e r s h i p will be reported fo9 { h ~ f 6 c o r d at a s u b s e q u e n t ' m e e t i n g o ' f the U. T . B o a r d ' of Regents< a.

The U n i v e r s i t y at Dallas Development

b.

of Texas

S o u t h w e s t e r n Medical

Board

The U n i v e r s i t y

of Texas Medical

Branch at Galveston

D e v e l o p m e n t Board School of Allied H e a l t h Sciences A d v i s o r y School of N u r s i n g A d v i s o r y Council C.

The U n i v e r s i t y at H o u s t o n

of Texas Health

D e v e l o p m e n t Board Speech and Hearing d.

Center

The U n i v e r s i t y at San Antonio

Science

Council

Center

Institute A d v i s o r y Council

of Texas Health Science C e n t e r

D e v e l o p m e n t Board Medical School A d v i s o r y Nursing School A d v i s o r y

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Council Council

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The U n i v e r s i t y of Texas M.D. A n d e r s o n Cancer Center U n i v e r s i t y Cancer F o u n d a t i o n B o a r d of Visitors

f.

The U n i v e r s i t y of Texas H e a l t h Center at Tyler O

D e v e l o p m e n t Board

0

B

.

U. T. M e d i c a l B r a n c h - Galveston, U. T. M.D. A n d e r s o n Cancer C e n t e r and U. T. H e a l t h Center - Tyler: Report on H o s p i t a l O p e r a t i o n s . - - C o m m i t t e e C h a i r m a n Y z a g u i r r e called on E x e c u t i v e Vice C h a n c e l l o r for H e a l t h Affairs Mullins to p r e s e n t an o v e r v i e w on the hospital operations at The U n i v e r s i t y of Texas Medical B r a n c h at Galveston, The U n i v e r s i t y of Texas M.D. A n d e r s o n Cancer Center and The University' of Texas H e a l t h Center at Tyler. With the aid of slides, E x e c u t i v e Vice C h a n c e l l o r Mullins r e v i e w e d several hospital operational factors for 1987 c o m p a r e d with prior years for the three hospitals o w n e d and o p e r a t e d by the U. T. System. In his report, he reviewed: a.

I n p a t i e n t services as r e f l e c t e d in admissions, o c c u p a n c y rates and average lengths of stay

b.

O u t p a t i e n t services clinic visits, and

C.

F i n a n c i a l data, including cash income, bad debt, cost of charity care and sources of h o s p i t a l revenue.

in terms of annual

Dr. M u l l i n s e m p h a s i z e d that the U. T. hospital operations are g e n e r a l l y comparable to the national demographic and fiscal trends and s t r e s s e d that each of the h o s p i t a l s was p r o v i d i n g q u a l i t y medical care and was active in p r o g r a m s of medical e d u c a t i o n and training. A copy of Dr. Mul!ins' r e p o r t is on file in the Office of the B o a r d of Regents.

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REPORT AND R E C O M M E N D A T I O N S OF THE BUILDINGS AND GROUNDS COMMITTEE (Pages 57 - 67).--In the absence of Committee Chairman Hay, Regent Ratliff r e p o r t e d that the Buildings and Grounds Committee had met in open session to consider those items on its agenda and to formulate recommendations for the U. T. Board of Regents. Unless otherwise indicated, all actions set forth in the Minute Orders which follow were r e c o m m e n d e d by the Buildings and Grounds Committee and approved in open session and w i t h o u t objection by the U. T. Board of Regents: .

U. T. ~ P e r m a n e n t U n i v e r s i t Z Fund ~ ) Bond Proceeds Capital Im r o v e m e n t Pro ram: A l l o c a t i o n of PUF Bond Proceeds R e s e r v e d for Institutional ~ and L--~a~yPu~_c_hase~Re--~i~itation Pro ects 1988-89[~ r e c o m m e n d a t i o n of the A c a d e m i c Affairs, Health Affairs and Buildings and Grounds Committees, the Board allocated P e r m a n e n t U n i v e r s i t y Fund (PUF) Bond Proceeds reserved in The U n i v e r s i t y of Texas System Capital Improvement P r o g r a m (adopted in October 1985 and revised in January 1987) to c o m p o n e n t institutions in the amount of $i0,000,000 for Institutional E q u i p m e n t and Library Purchases and $I0,000,000 for Repair and R e h a b i l i t a t i o n Projects for 1988-89 as set out on Pages 58 - 61. Further, the component institutions were a u t h o r i z e d to purchase approved e q u i p m e n t items and library materials following standard p u r c h a s i n g procedures and w i t h i n approved PUF Bond Proceeds dollar limits or, where appropriate, a c o m b i n a t i o n of allocated bond proceeds and other funds. Substitute e q u i p m e n t purchases are to receive prior approval by the Chancellor or appropriate Executive Vice Chancellor and, where required, the U. T. Board of Regents. Transfer by U. T. System Administration of allocated funds to institutional control or to vendors will coincide with v e n d o r payment requirements. Final approval of specific repair and r e h a b i l i t a t i o n projects and s u b s e q u e n t a p p r o p r i a t i o n of funds will be in accordance with Board e s t a b l i s h e d procedures for construction and repair or r e h a b i l i t a t i o n projects. If PUF allocations are below institutional requests and if balances remain due to prior p r o j e c t costs being lower than o r i g i n a l l y anticipated, institutions are authorized to apply those r e m a i n i n g balances to fund 1988-89 approved projects. Appropriation

Explanations

"Total Vunding Requirement" is the total to be funded from all sources, including the PUF appropriation. In many cases, partial funding is to come from m a t c h i n g grants, b u d g e t e d institutional funds or savings from prior appropriations. The "PUF Requested" column represents the institutions' estimates of PUF Bond Proceeds required to support the project. A lump sum a p p r o p r i a t i o n is shown under "1988-89 PUF A p p r o p r i a t i o n " rather than specific amounts for each individual project, since in some cases limits to PUF Bond Proceeds or the scope of the p r o j e c t prevent full funding of the amount of PUF Bond Proceeds requested. With at least partial funding and p r o j e c t approval in principle, institutions will either p a r t i a l l y fund a p r o j e c t or exercise d i s c r e t i o n on which projects in a list of approved projects will be funded.

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Brown and Goldstein Equipment

R

R

PUF Re_euuested

U

1988-89 PUF ro riation

A

(Board Commitment 12/6/85) $

T. System Center for High Performance Computing and Office of Telecommunications $5,073,000 TOTAL 5,073,000

U. T. Arlington A R R I Lab-Artificial Intelligence Manu. Communications & Fine Arts Equipment Hypersonic Test Facility Laboratory Equipment Enhancement TOTAL U.

i

Institutional Equipment and Library Purchases Total Funding R__~irement

U.

~

$1,500,000

555,000

344,000

344,000

4,851,000

368,000

416,000 6,721,000

416,000 1,683,000

U. T. E1 Paso Surface Physics Instrumentation Lab Computer Center: Processor Upgrade Library Enhancement Mass Spectrophotometry & Gas Chromology TOTAL U. T. Permian Basin Animal Laboratory Equipment TOTAL

1,267,000

100,645 64,000 90,000 I00,000 180,000 408,535 943,180

879,180

289,500

150,000

187,500 142,000

187,500 142,000

95,000 714,000

95,000 574,500

574,500

86,000 86,000

86,000 86,000

86,000

U. T. San Antonio UTSA/UTHSCSA Computing & 394,800 Network Equipment Upgrade Foreign Lan227,000 guage & Writing Labs Replace Disk Drives 75,000 in Computer Center Institute of 13,500 Texan Cultures 300,000 Library Enhancement 1,010,300 TOTAL

-

1,000,000

1,500,000

I,Ii0,000

T. Dallas Instrumentation of Speech Lab 153,646 Cloning Laboratory 83,000 Modernization of Microcomputing Lab 90,000 UNIX Computing Capability I00,000 Electrophys Measures Auditory Brain Function 180,000 Automated X-ray Spectrometer 408,535 TOTAL 1,015,181

I00,000

58

-

394,800 227,000 75,000 13,500 300,000 1,010,300

$

857,471

SIS

m

m

m

m

I.

m

m

m

mm

n

m - ' ~ " m

Institutional Equipment and Library Purchases Total Funding Requirement

U. T. Tyler Library Enhancement TOTAL

$

140,900 140,900

PUF Requested $

140,900 140,900

U. T. Southwestern Medical Center - Dallas Rapid Speed NMR 650,000 Imaging System 1,300,000 Equip - AIDS Virus 500,000 Research Labs 952,200 Molecular Analysis of 312,400 Cardiovascular System 562,400 1,462,400 TOTAL 2,814,600 U. T. Medical Branch .- Galveston Library Enhancement 415,000 Optical Analysis Lab 280,000 TOTAL 695,000 U. T. Health Science Center - Houston Academic Computing Network 408,000 Neuroscience Core Lab 2,050,000 Improved Remote Target Handling System 280,000 TOTAL 2,738,000

415,000 230,000 645,000

~

n

(continued) 1988-89 PUF Appropriation

$

140,900

1,462,400

645,000

408,000 550,000 280,000 1,238,000

1,238,000

U. T. Health Science Center - San Antonio 175,000 Incinerator Replacement 175,000 Laboratory Animal 98,000 Equipment 98,000 UTHSCSA/UTSA Computing & Network Equip592,200 ment 987,000 865,200 TOTAL 1,260,000

865,200

U. T. M.D. Anderson Cancer Center Library Enhancement 37,000 Pathology Electron Microscopy 450,000 TOTAL 487,000

487,000

U. T. Health Center - Tyler Biomedical Research 258,649 Computer Enhancement Computer Aided Molecular 138,700 Modeling/Imaging 397,349 TOTAL Total Institutional Equipment and Library Purchases

$22,179,330

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59

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37,000 450,000 487,000

258,649 138,700 397,349

397,349

$11,032,829

$i0,000,000

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m

m

II.

m

n

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n

Repair and Rehabilitation

m " , n r n

$1,040,000 1,040,000

U. T. Austin Ed. Bldg. - Replace Roof 350,000 Main Building i00,000 Terrace Repairs Campus Fire Alarm 280,000 Upgrade Phase II Welch Hall - Replace 200,000 Raised Flooring Campus - Miscellaneous 225,000 Electrical Campus - Miscellaneous 265,000 Exterior Renovation Art Building - Exterior 175,000 Masonry Repair Marine Science Institute i00,000 Exterior Repair Balcones Research Center 250,000 Landscaping Phase II O. Henry Hall 265,000 Install New Air Handlers Education Building 225,000 Flooring Repairs Campus - Fire Alarm 255,000 Phase III 2,690,000 TOTAL U. T. Dallas Animal Laboratory Facility Callier-Safety & Energy Conservation Main Campus Energy Management System Roof Replacement & Repair TOTAL

PUF Requested $i,040,000 1,040,000

$

871,120

i00,000 280,000 200,000 225,000 265,000 175,000 i00,000 250,000 265,000 225,000 255,000 2,690,000

210,000

210,000

300,000

300,000

270,000 140,000 920,000

210,000 140,000 860,000

149,000

149,000

198,000

198,000

89,800

89,800

284,700 245,000 966,500

284,700 245,000 966,500

U. T. Permian Basin Laboratory Animal Facility TOTAL

i37,000 137,000

137,000 137,000

60

1988-89 PUF Appropriation

350,000

U. T. E1 Paso Renovate Former Physical Plant Completion - Lower Recital Hall Drainage Improvements on Campus Roofing Replacement Various Buildings Handicapped Elevators TOTAL

-

n

Projects

Total Funding Requirement U. T. Arlington Library Renovation TOTAL

m

2,690,000

860,000

966,500

137,000

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m

B

II.

m

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Repair and Rehabilitation

m l ~

m

Projects

(continued)

Total Funding Requirement

PUF Requested

U. T. San Antonio Acoustical Wall Panel Replacement $ Support Staff Office/ Construct PC Labs Reroofing Campus Bldgs. TOTAL

101,130

$

m

m

1988-89 PUF Appropriation

101,130

387,000 255,850 743,980

387,000 255,850 743,980

70,000

70,000

25,500 56,900 152,400

25,500 56,900 152,400

152,400

U. T. Southwestern Medical Center - Dallas Data Acquisition System-Phase I 1,300,000 650,000 Data Acquisition System-Phase II 500,000 250,000 185,000 Elevator Modernizations 370,000 1,085,000 TOTAL 2,170,000

1,085,000

U. T. Tyler Level Patio & Rebuild Stair Air Conditioning of Data Processing Area Power Plant Repairs TOTAL

U. T. Medical Branch - Galveston William C. Levin Hall Finish 6th Floor 1,000,000 TOTAL 1,000,000

350,000

287,000 325,000 348,000

960,000

U. T. Health Science Center - San Antonio P3 Fac. - HIV and Related Retroviruses 200,000 Replace Roof and Flashings 339,000 TOTAL 539,000

960,000

200,000 339,000 539,000

539,000

1,700,000 1,700,000

500,000

178,000 178,000

178,000 178,000

145,000

$13,196,880

$11,526,880

$I0,000,000

U. T. Health Center - Tyler Nursing Control TOTAL Total Repair and Rehabilitation

743,980

475,000 475,000

U. T. Health Science Center - Houston Retrofit Basement Chilled Water System 287,000 Install Standby Generator 325,000 Dental Branch Library Learning Resource Area 348,000 TOTAL 960,000

U. T. M.D. Anderson Cancer Center Smith Research Building Upgrade 1,700,000 TOTAL 1,700,000

$

A detailed description and justification for each of the component purchases and/or repair and rehabilitation projects was presented in the Material Supporting the Agenda for this meeting. This document is a matter of public record and is available through the office of the Board of Regents.

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U. T. Austin - Balcones Research Center - Microelectronics and Engineering Research Building (Project No. 102-660): Approval of Final Plans for Extension of Campus Utilities; Authorization to Advertise for Bid s and for Executive Committee to Award Contract; and Additional Appropriation Therefor.--The Board, upon recommendation of the Buildings and Grounds Committee: a.

Approved final plans and specifications for the extension of campus utilities to the project site as an initial phase of the Microelectronics and Engineering Research Building at the Balcones Research Center at The University of Texas at Austin

b.

Authorized the Office of Facilities Planning and Construction to advertise for bids upon completion of final review

C.

Authorized the Executive Committee to award the construction contract within the authorized total project cost

d.

Appropriated $375,000 from U. T. Austin General Fee Balances for funding of the construction contract and related expenses through completion of the extension of campus utilities to the building site. Previous appropriations had been $985,000 from the same source.

The utilities to be extended to the building site include water, sanitary sewer, natural gas, street lighting and the power and communications duct bank. This project is within the scope of the Capital Improvement Program approved by the U. T. Board of Regents in January 1987 and is to be funded with $I0,000,000 from Permanent University Fund Bond Proceeds and $i0,000,000 from U. T. Austin General Fee Balances. .

U. T. Austin - Frank C. Erwin Center Reroofing: Authorization for P~o~ect; Approval for Submission to the Coordinating Board; Authorization to Prepare Final Plans, Advertise for Bids and for U. T. Austin Administration to A w a r d Contract; and Appropriation Therefor.--Following a recent inspection of the roof of the Frank C. Erwin Center (completed in 1977) at The University of Texas at Austin, it was determined that the roof had deteriorated beyond spot repairing. Proposed repairs to this 102,000 square feet roof area would require the removal of the existing loose stone ballast and the installation of a two-inch foam roof with a 40 mil coating. Following a detailed discussion, especially with regard to any potential asbestos problem and the need to secure skilled and experienced supervision on this specialized project, the Finance and Audit, Academic Affairs and Buildings and Grounds Committees recommended and the Board: a.

Authorized a project for the reroofing of the Frank C. Erwin Center at an estimated total project cost of $500,000

b.

Authorized submission of the project to the Texas Higher Education Coordinating Board

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C.

Subject to approval by the Coordinating Board, authorized preparation of final plans, advertisement for bids, award of a construction contract and completion of the project by U. T. Austin Administration with its own forces or through contract services, as required, in consultation with the Office of Facilities Planning and Construction

d.

Appropriated $500,000 from Auxiliary Enterprise Fund Balances for total project funding.

Total removal of the roof was considered, but, due to the asbestos contained in the felts of the current roofing, disposal of this material would result in additional expenses totalling $250,000. Encapsulating the present roofing materials with a foam roof will elim;~nate any danger and preclude additional cost. The foam roof will add insulating value and it has good elasticity properties which will withstand the thermal movements within the existing roof structure. .

U. T. San Antonio - Engineerinq/Biotechnology Building Phase I (Project No. 401-616): Approval of Final Plans for Campus Site Improvement Work; Authorization to Advertise for Bids and for Executive Committee to Award Contract; and Additional Appropriation Therefor.-Upon recommendation of the Buildings and Grounds Committee, the Board: a.

Approved final plans and specifications for the construction of campus site improvement work as an initial segment of the Engineering/Biotechnology Building - Phase I project at The University of Texas at San Antonio

b.

Subject to approval of the project by the Texas Higher Education Coordinating Board, authorized the Office of Facilities Planning and Construction to advertise for bids upon completion of final review

C.

Authorized the Executive Committee to award the construction contract within the authorized total project cost

d.

Appropriated $450,000 from Permanent University Fund Bond Proceeds for funding of the construction contract and related expenses through completion of campus site improvement work. Previous appropriations had been $430,000 from the same source and $150,000 from U. T. San Antonio Local Funds.

The estimated project cost of the site improvement work is approximately $450,000 and is included within the $12,900,000 total project cost approved in January 1987 by the U. T. Board of Regents for the Engineering/Biotechnology Building - Phase I project as part of the Capital Improvement Program. The Phase I project was presented to the Texas Higher Education Coordinating Board during a site visit prior to its April 1988 meeting and will be considered for final approval by the Coordinating Board in July 1988.

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Regent Beecherl e m p h a s i z e d the need for the San Antonio c o m m u n i t y to support this e n g i n e e r i n g p r o g r a m and suggested that, perhaps, the community should be required to make a substantial fiscal c o n t r i b u t i o n when Phase II of the E n g i n e e r i n g / B i o t e c h n o l o g y B u i l d i n g is developed. Regent M o n c r i e f r e i t e r a t e d his b e l i e f that this project might well be delayed for two years, e s p e c i a l l y in view of the commitment w h i c h might be required related to the e n h a n c e m e n t of higher education resources in the Rio Grande Valley. .

U. T. S o u t h w e s t e r n Medical Center - Dallas - The Mary Nell and Ralph B. Rogers Magnetic Resonance Center (Project No. 303-674): Approval of Final Plans; A u t h o r i z a t i o n to A d v e r t i s e for Bids and for Executive Committee to Award Contracts; and Additional A p p r o p r i a t i o n Therefor.-Following a brief overview by P r e s i d e n t Wildenthal, Mr. Ron Dennis and Mr. Mike Menefee, r e p r e s e n t i n g the P r o j e c t A r c h i t e c t H a r w o o d K. Smith & Partners, Dallas, Texas, p r e s e n t e d the final plans for The Mary Nell and Ralph B. Rogers Magnetic Resonance Center at The University of Texas S o u t h w e s t e r n Medical Center at Dallas to the Buildings and Grounds Committee. Based upon this p r e s e n t a t i o n of the Buildings and Grounds

and the r e c o m m e n d a t i o n Committee, the Board:

a.

A p p r o v e d final plans and specifications for the c o n s t r u c t i o n of The Mary Nell and Ralph B. Rogers Magnetic Resonance Center at U. T. S o u t h w e s t e r n Medical Center Dallas at an e s t i m a t e d total p r o j e c t cost of $4,800,000

b.

A u t h o r i z e d the Office of Facilities Planning and C o n s t r u c t i o n to advertise for bids upon c o m p l e t i o n of final review

C.

A u t h o r i z e d the Executive Committee to award all contracts a s s o c i a t e d with this p r o j e c t w i t h i n the a u t h o r i z e d total p r o j e c t cost

d.

A p p r o p r i a t e d $3,600,000 from P e r m a n e n t U n i v e r s i t y Fund Bond Proceeds, $400,000 from U. T. S o u t h w e s t e r n Medical Center Dallas Institutional Interest Income A c c o u n t and $500,000 from U. T. Southwestern Medical Center - Dallas MSRDP Local Funds for total p r o j e c t funding. Previous appropriations had been $300,000 from P e r m a n e n t U n i v e r s i t y Fund Bond Proceeds.

This p r o j e c t was approved by the Texas Higher Education C o o r d i n a t i n g Board at its m e e t i n g on D e c e m b e r 4, 1987. The P e r m a n e n t U n i v e r s i t y Fund Bond Proceeds allocated to this p r o j e c t ($3,900,000) are within the scope of the Capital Improvement Program approved by the U. T. Board of Regents in October 1985 and January 1987.

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U. T. Medical Branch - G a l v e s t o n - Medical Sciences and E d u c a t i o n B u i l d i n g (Project No. 601-665}: Approval of P r e l i m i n a r y Plans; A u t h o r i z a t i o n to Chan~e Name to Medical R e s e a r c h Building; Approval for Submission to the C o o r d i n a t i n g Board; and A u t h o r i z a t i o n to Complete Final P l a n s . - - F o l l o w i n g opening remarks by P r e s i d e n t James, Mr. Kirby Keahey, r e p r e s e n t i n g the Project A r c h i t e c t 3D/International, Houston, Texas, p r e s e n t e d the preliminary plans for the Medical Sciences and ~ d u c a t i o n B u i l d i n g at The U n i v e r s i t y of Texas Medical B r a n c h at G a l v e s t o n to the Buildings and Grounds Committee. Based upon this p r e s e n t a t i o n and the r e c o m m e n d a t i o n the Buildings and Grounds Committee, the Board: a.

A p p r o v e d p r e l i m i n a r y plans for the cons t r u c t i o n of the Medical Sciences and E d u c a t i o n B u i l d i n g at the U. To Medical Branch - G a l v e s t o n at an estimated total p r o j e c t cost of $25,000,000

b.

A u t h o r i z e d a change in the name of the p r o j e c t from Medical Sciences and Education B u i l d i n g to Medical Research B u i l d i n g

C.

A u t h o r i z e d submission of the p r o j e c t to the Texas Higher E d u c a t i o n C o o r d i n a t i n g Board

d.

A u t h o r i z e d the P r o j e c t A r c h i t e c t to complete final plans and specifications to be p r e s e n t e d to the U. T. Board of Regents for c o n s i d e r a t i o n at a later date.

of

This seven-level b u i l d i n g will provide a p p r o x i m a t e l y 187,560 gross square feet of research facilities for the basic and clinical sciences at the U. Y. Medical Branch Galveston. it will include offices, research laboratories, support spaces and animal holding facilities for such fields as anatomy, neurosciences, m i c r o b i o l o g y and the Marine Biomedical Institute. At the p r e s e n t time, four levels of the new structure will be c o m p l e t e d and three levels will be u n f i n i s h e d shell space. The e s t i m a t e d total p r o j e c t cost is $25,000,000, of which $5,000,000 has been a p p r o p r i a t e d from The Sealy & Smith F o u n d a t i o n grant funds and the balance will be from P e r m a n e n t U n i v e r s i t y Fund Bond Proceeds. This p r o j e c t is within the scope of the Capital Improvement P r o g r a m approved by the U. T. Board of Regents in October 1985 and is included in the 1987-1988 authorized funding plan. .

U. T. M.D. A n d e r s o n Cancer Center - Land Use Master Plan: A u t h o r i z a t i o n to Prepare Land Use Study and A p p r o p r i a t i o n T h e r e f o r . - - I n order to m a x i m i z e the use of current facilities and to assure proper priorities for future facilities, the Buildings and Grounds Committee r e c o m m e n d e d and the Board: a.

A u t h o r i z e d the p r e p a r a t i o n of a master plan for land use for all land owned by The Univ e r s i t y of Texas M.D. A n d e r s o n Cancer Center in and around the Texas Medical Center by the U. T. M.D. A n d e r s o n Cancer Center

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A d m i n i s t r a t i o n with its own forces or through contract services, as required, in consultation with the Office of Facilities Planning and Construction, at an estimated total p r o j e c t cost of $75,000 b.

A p p r o p r i a t e d 875,000 from U. T. M.D. Anderson Cancer Center u n r e s t r i c t e d gift funds for total funding of the land use study.

The plan will address locations for future facilities, transportation between the facilities at Knight Road (I00 acres) and the main campus, transportation in and around the main campus, parking facilities and the provision for p r e s e r v a t i o n of green space for landscaping and recreation for the enjoyment of patients, visitors and employees. The plan will also take into consideration the possible acquisition of certain properties now located between the Houston Main Building and the Anderson-Mayfair Hotel, which are now privately owned.

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U. T. M.D. Anderson Cancer Center - U. T. M.D. Anderson Hospital - Upgrading of Mechanical Systems - Phase II (Project No. 703-689): Approval of Preliminary Plans; Authorization for Submission to the Coordinating Board; A u t h o r i z a t i o n for Preparation of Final Plans; and Additional A p p r o p r i a t i o n T h e r e f o r . - - U p o n recommendation of the Buildings and Grounds Committee, the Board: a.

Approved p r e l i m i n a r y plans for the construction of Phase iI of U p g r a d i n g of the Mechanical Systems in the U. T. M.D. Anderson Hospital of The U n i v e r s i t y of Texas M.D. Anderson Cancer Center at an estimated total project cost of $4,700,000

b.

A u t h o r i z e d submission of the project to the Texas Higher Education C o o r d i n a t i n g Board

C.

A u t h o r i z e d the Project Engineer to prepare final plans and specifications to be presented to the U. T. Board of Regents for consideration at a future meeting

d.

A p p r o p r i a t e d $200,000 from U. T. M.D. Anderson Cancer Center Account No. 101717Provision for Remodeling and Upgrading of Facilities for fees and administrative expenses through completion of final plans. Previous appropriations had been $150,000 from the same source.

The Phase II project will be accomplished in two segments. The first segment will provide upgraded HVAC, plumbing and electrical services for floors one and two of the Center Core at an estimated project cost of $3,500,000. The second segment will involve extending these services to floors three and five at an estimated project cost of $1,200,000. The ground, fourth, sixth and seventh floors have been upgraded in previous remodeling or expansion projects.

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U. T. M.D. Anderson Cancer Center - R. E. "Bob" Smith Research Building - [email protected] and Expansion of Mechanical Systems: Authorizatio~ For Project; Appointment of Spencer Engineers, Inc., Houston, Texas, Project Engineer to Prepare Final Plans; Authorization for Submlsslon to the Coordinatinq Board; and Appropriation Therefor.--The Board, upon recommendation of the Finance and Audit, Health Affairs and Buildings and Grounds Committees: a.

Authorized a project for the upgrading and expansion of mechanical systems in the R. E. "Bob" Smith Research Building for The University of Texas M.D. Anderson Cancer Center at an estimated project cost of $2,000,000

b.

Appointed the firm of Spencer Engineers, Inc., Houston, Texas, Project Engineer to prepare final plans and specifications

C.

Authorized submission of the project to the Texas Higher Education Coordinating Board

d.

Appropriated $500,000 from U. T. M.D. Anderson Cancer Center Account No. 112825Projects at the R. E. "Bob" Smith Research Building and $1,500,000 from Account No. 101717-Provision for Remodeling and Upgrading of Facilities for total project funding.

The R. E. "Bob" Smith Research Building, which was originally built as a food processing facility, has been converted into research laboratories and additional laboratories are now needed in the building for expanded research programs. Before this can be done, the mechanical systems need to be upgraded and expanded. An engineering study commissioned by the U. T. M.D. Anderson Cancer Center has determined that all of the utility systems are either inadequate or barely adequate to support expanded functions. Additional chilling capacity will be needed and existing lines providing water, electrical service and natural gas will need to be resized.

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REPORT AND R E C O M M E N D A T I O N S OF THE LAND AND INVESTMENT COMMITTEE (Pages 68 - 8 1 ) . - - C o m m i t t e e C h a i r m a n Ratliff r e p o r t e d that the Land and Investment Committee had met in open session to consider those matters on its agenda and to formulate recommendations for the U. T. Board of Regents. Unless otherwise indicated, all actions set forth in the Minute Orders which follow were r e c o m m e n d e d by the Land and Investment Committee and approved in open session and w i t h o u t objection by the U. T. Board of Regents. The e x e c u t i o n of documents a u t h o r i z e d in this report will be in accordance with the Regents' Rules and Regulations, Part Two, Chapter IX, Section 1.3 as set forth below: 1.3

A u t h o r i t y to Execute Instruments R e l a t i n g to Land and Mineral Interests.--The Chairman of the Board, the Vice-Chairmen, the Chancellor, or his or her delegate, and the Executive Vice Chancellor for Asset M a n a g e m e n t are each authorized to execute conveyances, deeds, surface and/or mineral leases, easements, rights-ofway, oil and gas d i v i s i o n orders, and transfer orders, geophysical and material source permits, water contracts, p o o l i n g and u n i t i z a t i o n agreements, and any other instruments as may be n e c e s s a r y or a p p r o p r i a t e from time to time, relating to the handling, management, control, and d i s p o s i t i o n of any real estate or mineral interest held or c o n t r o l l e d by the Board as a part of the PUF or as a part of any trust or

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PERMANENT UNIVERSITY FUND Investment Matters Report on Clearance of Monies to the Permanent University Fund for March and April 1988 and Report on Oil and GaS Development as of April 30, 1988.--The following reports with r e s p e c t t o (a) certain monies cleared to the Permanent Univers t y Fund for March and April 1988 and (b) Oil and Gas Development as of April 30, 1988, were submitted by the Executive Vice Chancellor for Asset Management:

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Permanent University Fund Royalty Oil Gas Sulphur Water Brine Trace Minerals Rental Oil and Gas Leases Other Sale of Sand, Gravel, Etc. Total University Lands Receipts Before Bonuses Bonuses Oil and Gas Lease Sales Amendments and Extensions to Mineral Leases Total University Lands Receipts Gain or (Loss) on Sale of Securities TOTAL CLEARANCES

Oil and Gas Development - April 30, 1988 Acreage Under Lease - 698,421

Cumulative Through April of Preceding Fiscal Year

March 1988

April. 1988

Cumulative Through April of this Fiscal Year (1987-1988)

$ 4,539,673.19 2,057,361.42 0.00 22,991.57 3,159.13 0.00

$4,075,204.99 1,799,919.38 0.00 57,548.76 2,896.22 0.00

$37,171,561.22 15,775,263.50 65,091.65 373,322.34 32,468.26 0.00

$ 31,576,012.13 14,679,491.86 80,000.00 365,543.43 21,323.76 0.00

-18.64% 2.13%

365,161.09 1,624.00 6,205.50

445,321.58 5,564.28 1,258.60

-18.00% -70.81%__

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3,588.59 20,100.00 2,680.20

1,708.50 (19,476.00) 0.00

(1986-1987)

Per Cent Change 17.72% 7.46%

52.26% -

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6,649,554.10

5,917,801.85

53,790,697.56

47,174,515.64

14.02%

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0.00

3,567,241.98

3,007,941.58

18 59%

I

724.98

0.00 0.00

6,650,279.08

5,917,801.85

57,358,664.52

50,176,163.66

5,631,351.01

79,113.64

42,426,092.30

160,571,460.03

$12,281,630.09

$5,996,915.49

$99,784,756.82

$210,747,623.69

724.98

(6,293.56)

I -73.58%

5 2 65% I

! Number of Producing Acres - 551,291

Number of Producing Leases - 2,398

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TRUST AND SPECIAL FUNDS Gifts, .

Bequests

and Estates

U. T. Austin: A c c e p t a n c e of Gifts from Various Donors and E s t a b l i s h m e n t of the A u s t i n Ad Club E n d o w e d Scholarship in A d v e r t i s i n g in the College of C o m m u n i c a t i o n . - - T h e Land and Investment Committee r e c o m m e n d e d and the Board accepted gifts in excess of $I0,000 from various donors and established the A u s t i n Ad Club Endowed Scholarship in A d v e r t i s i n g in the D e p a r t m e n t of Advertising, College of Communication, at The U n i v e r s i t y of Texas at Austin. Income earned from the endowment will be used to award competitive scholarships to a d v e r t i s i n g students by the d e p a r t m e n t a l scholarship committee.

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U. T. Austin: U n n a m e d P r o f e s s o r s h i p in the Department of Computer Sciences and U n n a m e d P r o f e s s o r s h i p in the D e p a r t m e n t of A s t r o n o m y in the College of Natural Sciences - Approval to D e s i g n a t e as the W i l l i a m B. Blakemore II Regents P r o f e s s o r s h i p in Computer Sciences and the W i l l i a m B. Blakemore II Regents P r o f e s s o r s h i p in A s t r o n o m y . - - A p p r o v a l was given for the u n n a m e d p r o f e s s o r s h i p in the Department of Computer Sciences and the unnamed professorship in the D e p a r t m e n t of A s t r o n o m y in the College of Natural Sciences at The U n i v e r s i t y of Texas at A u s t i n to be d e s i g n a t e d as the W i l l i a m B. Blakemore II Regents P r o f e s s o r s h i p in Computer Sciences and the W i l l i a m B. Blakemore II Regents P r o f e s s o r s h i p in Astronomy. These designations were made by the D e a n of the College of Natural Sciences in concurrence with the donor's request. See Page 48 related to an a p p o i n t m e n t to the W i l l i a m B. Blakemore II Regents P r o f e s s o r s h i p in Astronomy.

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U. T. Austin: Effie Marie Cain Regents Chair in Fine Arts in the College of Fine Arts - Acceptance of Additional Gift from an Anonymous Donor and Eligibility for M a t c h i n g Funds Under The Regents' Endowed Teachers and Scholars P r o g r a m . - - U p o n recomm e n d a t i o n of the Land and Investment Committee, the Board accepted a $150,000 gift from an anonymous donor for addition to the Effie Marie Cain Regents Chair in Fine Arts in the College of Fine Arts at The University of Texas at Austin. Further, the gift will be matched under The Regents' Endowed Teachers and Scholars Program and will be used to increase the endowment to a total of $i,000,000.

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U. T. Austin: Acceptance of Pledge from Mr. and Mrs. Joe Christie, Austin, Texas, and Establishment of the Joe and Tana Christie Endowed Presidential Scholarship in Nursing in the School of Nursing and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program.--The Board, upon recommendation of the Land and Investment Committee, accepted a $25,000 pledge, payable by June i, 1988, from Mr. and Mrs. Joe Christie, Austin, Texas, and establi~shed the Joe and Tana Christie Endowed Presidential Scholarship in Nursing in the School of Nursing at The University of Texas at Austin. Income earned from the endowment will be used to award scholarships to students in the School of Nursing. Further, $12,500 in matching funds will be allocated under The Regents' Endowed Student Fellowship and Scholarship Program as the pledge is received and will be used to increase the endowment to a total of $37,500.

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U. T. Austin: C. C. and Lottie Mae Colvert Fellowship and Development Fund in the Community College Leadership Program in the College of Education - Acceptance of Additional Gifts from Various Donors, Redesignation as the C. C. and Lottie Mae Colvert Fellowship and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowshi~ and Scholarship Program.--The Land and Investment Committee recommended and the Board accepted gifts of $31,565.50 from various donors for addition to the C. C. and Lottie Mae Colvert Fellowship and Development Fund in the Community College Leadership Program, College of Education, at The University of Texas at Austin and redesignated the endowment as the C. C. and Lottie Mae Colvert Fellowship. Further, $15,782.75 in matching funds will be allocated under The Regents' Endowed Student Fellowship and Sck~!~:i'larship Program and will be used to increase the endowment to a total of $87,472.75.

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U. T. Austin: C. W. Cook Professorshi ~ in Environmental Engineering in the College of Englneerlng - Acceptance of Additional Gift from Mr. C. W. Cook, Austin, Texas, and Eligibility for Matching Funds Under The Regents' Endowed Teachers and Scholars Program and Establishment of the Frances Crain Cook Endowed Lectureship in Education in the College of Education.--Upon recommendation of the Land and InvestMent Committee, the Board accepted a $50,000 gift from Mr. C. W. Cook, Austin, Texas, for addition to the C. W. Cook Professorship in Environmental Engineering in the College of Engineering at The University of Texas at Austin for a total endowment of $179,335.95. Further, $25,000 of the gift will be matched under The Regents' Endowed Teachers and Scholars Program and will be used to establish the Frances Crain Cook Endowed Lectureship in Education in the College of Education. Mr. Cook's gift was initiated prior to the U. T. Board of Regents' action of April 14, 1988, consolidating endowed academic position titles and eliminating endowments of less than $50,000 for this purpose.

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U. T. Austin: Albert J. De Lange Memorial Scholarship in the School of Law - A p p r o v a l to Accept Transfer of Funds and Redesignate as the Albert J. De Lange Memorial Endowed Presidential Scholarship and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program.-&The Board accepted a $5,000 transfer of previously reported gifts from current restricted funds and a transfer of $i0,000 in gifts from the Law School Foundation, and at the request of the Foundation redesignated the Albert J. De Lange Memorial Scholarship in the School of Law at The University of Texas at Austin as the Albert J. De Lange Memorial Endowed Presidential Scholarship. The funding for this Scholarship ($i0,000) will be retained by the Law School Foundation and administered per the agreement between the Foundation and the U. T. Board of Regents. Income earned from the endowment will be used to award scholarships to students based on financial need. Further, $5,000 in matching funds will be allocated under The Regents' Endowed Student Fellowship and Scholarship Program and will be used to increase the endowment along with the $15,000 transfer of funds for a total endowment of $30,000.

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U. T. Austin: Acceptance of Gifts from Mr. Louis A. Beecherl, Jr., Dallas, Texas, and an Anonymous Donor and Establishment of the Engineering Education Leadership Chair in the College of Engineering and Eligibility for Matching Funds Under The Regents' Endowed Teachers a-nd Scholars Program to Establish the Fifth Professorship in Computer Sciences in the College of Natural Sciences.--The Board, upon recommenda£ion of the Land and Investment Committee, accepted a gift of $500,000 from Mr. Louis A. Beecherl, Jr., Dallas, Texas, and a $500,000 gift from an anonymous donor for a total of $i,000,000 and established the Engineering Education Leadership Chair in the College of Engineering at The University of Texas at Austin. Further, $500,000 of the gifts will be matched under The Regents' Endowed Teachers and Scholars Program with $250,000 used to establish the fifth Professorship in Computer Sciences in the College of Natural Sciences. A use for the remaining $250,000 will be designated at a later date. On behalf of the Board, Chairman Blanton expressed appreciation to Regent Beecherl for this very significant gift and for his most generous and continuing support of the component institutions of The University of Texas System and particularly the College of Engineering at U. T. Austin.

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U. T. Austin - College of Engineering: Acceptance of Pledge from an Anonymous Donor for a Two-for-One Challenge Grant and Authorization f0q q~ T. Austin to Raise the Required Matching Funds from Private Sources and The Regents' Endowed Teachers a~d Scholars Program.-The Board accepted a $4,500,000 pledge from an anonymous donor for a two-fcr-one challenge grant on behalf of the College of Engineering at The University of Texas at Austin. In accordance with the terms of the challenge grant, it is the intent of U. T. Austin to

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raise through a combination of private funds and allocations from The Regents' Endowed Teachers and Scholars Program the required match of $9,000,000. A recommendation regarding the allocation of the funds and the specific request for matching funds will be submitted at a later date. The purpose of this challenge grant and fund-raising effort is to establish new faculty and graduate student positions, to increase the level of certain existing endowments, and to provide other operational support in the areas of Manufacturing Systems Engineering, Microelectronics, Computer Engineering, and Materials Science and Engineering. This is part of a plan developed by the College of Engineering at U. T. Austin in an effort to achieve a high level of excellence in the four areas of advanced research and teaching which relate closely to the mission of SEMATECH and Microelectronics and Computer Technology Corporation (MCC). The plan includes establishing or increasing sixteen chairs, seventeen professorships, twenty-three faculty fellowships, twenty-four graduate fellowships, and one additional graduate fellowship endowment fund. Funds totalling $2,750,000 will be designated for uses other than endowments in the College of Engineering. i0.

U. T. Austin: Acceptance of Gift from Ms. Caroline S. Roberts, Austin, Texas, and Establishment of the Grosvenor-McKenna Endowment Fund for the Promotion of Rifle Marksmanship in the Division of Recreational Sports.--Approval was given to accept a $15,000 gift from Ms. Caroline S. Roberts, Austin, Texas, and to establish the Grosvenor-McKenna Endo%~ent Fund for the Promotion of Rifle Marksmanship in the Division of Recreational Sports at The University of Texas at Austin. Income earned from the endowment will be used to support the U. T. Austin rifle team in travel expenses, ammunition costs, and equipment and to provide a stipend for the rifle team coach when warranted. In the event that the U. T. Austin rifle team ceases to exist, income will be used to award scholarships to deserving students studying one or more of the following languages: Russian, Japanese, German, Chinese, French or Spanish.

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U. T. Austin: Acceptance of Gifts from Dr. Lorraine I. Stengl, Wimberley, Texas, Dr. Clark Hubbs, Austin, Texas, an Anonymous Donor; Ms. Laura C. Hubbs, La Jolla, California, and Various Donors and Establishment of the Clark Hubbs Regents Professorship in Zoology in the College of Natural Sciences and Eligibility for Matching Funds Under The Regents' Endowed Teachers and Scholars Program.--The Land and Investment Committee r--ecommended and the Board accepted gifts of $65,000 from Dr. Lorraine I. Stengl, Wimberley, Texas, $22,247.22 from Dr. Clark Hubbs, Austin, Texas, $i0,000 from an anonymous donor, $3,000 from Ms. Laura C. Hubbs, La Jolla, California, and $9,435 from various donors for a total of $109,682.22 and established the Clark Hubbs Regents Professorship in Zoology in the Department of Zoology, College of Natural Sciences, at The University of Texas at Austin.

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Further, $54,841.11 of the gifts will be m a t c h e d under The Regents' E n d o w e d Teachers and Scholars P r o g r a m and will be used to increase the e n d o w m e n t to a total of $164,523.33. See Page sorship. 12.

48

related to an a p p o i n t m e n t

to this Profes-

U. T. Austin: A c c e p t a n c e of Gifts from Various Donors and E s t a b l i s h m e n t of the Liberal Arts Council E n d o w e d Scholarship for Study A b r o a d in the College of Liberal A r t s . - - U p o n r e c o m m e n d a t i o n of the Land and Investment Co~--~ttee, the Board accepted gifts totalling $17,000 from various donors and e s t a b l i s h e d the Liberal Arts Council Endowed Scholarship for Study Abroad in the College of Liberal Arts at The U n i v e r s i t y of Texas at Austin. Income earned from the e n d o w m e n t will be used to award scholarships to upper d i v i s i o n students m a j o r i n g in the College of Liberal Arts who demonstrate high scholastic a c h i e v e m e n t and financial need. It is a n t i c i p a t e d that fund raising efforts will continue until a total e n d o w m e n t of $25,000 is reached at w h i c h time a request for m a t c h i n g funds will be submitted.

13.

U. T. Austin: Liddell, Sapp & Zivley P r o f e s s o r s h i p in Banking, Financial, Commercial and Corporate Law in the School of Law - Approval to R e d e s i g n a t e as the Liddell, Sapp, Zivley, Hill & LaBoon P r o f e s s o r s h i p in Banking, Financial, Commercial and Corporate Law.--At the request of the Law School F o u n d a t i o n (an external foundation), the Board r e d e s i g n a t e d the Liddell, Sapp & Zivley Professorship in Banking, Financial, Commercial and Corporate Law in the School of Law at The U n i v e r s i t y of Texas at A u s t i n as the Liddell, Sapp, Zivley, Hill & LaBoon P r o f e s s o r s h i p in Banking, Financial, Commercial and Corporate Law in accordance with the donor's request.

14.

U. T. Austin: Locke, Purnell, Boren, Laney & Neely Faculty Fellowship on Law in the School of Law Approval to Redesignate as the Locke Purnell Rain Harrell Faculty Fellowship in Law.--In accordance with the donor's request, the Locke, Purnell, Boren, Laney & Neely Faculty Fellowship on Law in the School of Law was r e d e s i g n a t e d as the Locke Purnell Rain Harrell Faculty Fellowship in Law at The U n i v e r s i t y of Texas at Austin.

15.

U. T. Austin: McCamish, Ingram, Martin & Brown Room and McCamish, Ingram, Martin & Brown, Inc. General Endowment in the School of Law - Approval to Redesiqnate Room 3.212 in Townes Hall in the School of Law as the McCamish, Martin, Brown & Loeffler Room and the McCamish, Martin, Brown & Loeffler, Inc. General E n d o w m e n t . - - A p p r o v a l was given to redesignate Room 3.212 in Townes Hall in the School of Law at The U n i v e r s i t y of Texas at Austin, known as the McCamish, Ingram, Martin & Brown Room, as the McCamish, Martin, Brown & Loeffler Room in accordance with the donors' request to reflect the current name of the firm.

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Further, the McCamish, Ingram, Martin & Brown, Inc. General Endowment in the School of Law was redesignated as the McCamish, Martin, Brown & Loeffler, Inc. General Endowment. 15.

U. T. Austin: Acceptance of Gift from Mr. Robert V. Tate, Houston, Texas, and Establishment of the Kay M. Nolen Memorial Endowed Presidential Scholarship in Law in the School of Law and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program.--The Land and Investment Committee recommended and the Board accepted a $25,000 gift from Mr. Robert V. Tate, Houston, Texas, and a $12,500 transfer of previously reported gifts from current restricted funds and established the Kay M. Nolen Memorial Endowed Presidential Scholarship in Law in the School of Law at The University of Texas at Austin. Income earned from the endowment will be used to award scholarships to students based upon need and merit at the discretion of the Dean of the School of Law. Further, $12,500 in matching funds will be allocated under The Regents' Endowed Student Fellowship and Scholarship Program and will be used to increase the endowment to a total of $50,000.

17.

U. T. Austin: Acceptance of Gifts from Various Donors and Establishment of the Sam W. Papert, Jr. Advertising Scholarship in Media Sales in the College of Communication.--The Board, upon recommendation of the Land and Investment Committee, accepted gifts of $20,027.22 from various donors and established the Sam W. Papert, Jr. Advertising Scholarship in Media Sales in the Department of Advertising, College of Communication, at The University of Texas at Austin. Income earned from the endowment will be used to award scholarships to undergraduates and graduates interested in or involved with media sales in the Department of Advertising.

18.

U. T. Austin: Acceptance of Gifts from Various Donors and Establishment of the Frank Rizzo Advertising Scholarship in the College of Communication.--The Board accepted gifts of $10,151.22 from various donors and established the Frank Rizzo Advertising Scholarship i~i the Department of Advertising, College of Communication, at The University of Texas at Austin. Income earned from the endowment will be used to award scholarships to advertising majors specializing in the creative area of advertising.

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U. T. Austin: Frances Rather Seybold and Frances Randolph Rather Seybold Endowed Scholarship in the College of Liberal Arts - Approval to Accept Additional Gift from William D. Seybold, M.D., Dallas, Texas, to Redesignate as the Frances Rather Seybold and Frances Randolph Rather Seybold Endowed Presidential Scholarship and to Amend the Purpose of the Scholarship.--Approval was given to accept a $3,395.72 gift from William D. Seybold, M.D., Dallas, Texas, for addition to the Frances Rather Seybold and Frances Randolph Rather Seybold Endowed Scholarship in the College of Liberal Arts at The University of Texas at Austin for a total endowment of $25,000 and to redesignate as the Frances Rather Seybold and Frances Randolph Rather Seybold Endowed Presidential Scholarship. Further, in accordance with the donor's request, the purpose of the Scholarship was amended to read as follows: Income earned from the endowment will be used to award scholarships to female undergraduates in the College of Liberal Arts selected on the basis of scholarship, financial need, leadership, and good citizenship.

20.

U. T. Austin: Acceptance of Gifts from Various Donors and Establishment of the Judge John V. Singleton Endowed Presidential Scholarship in Law in the School of Law.-The Board, upon recommendation of the Land and Investment Committee, accepted gifts of $15,480 from various donors and a $12,500 transfer of previously reported gifts from current restricted funds for a total of $27,980 and established the Judge John V. Singleton Endowed Presidential Scholarship in Law in the School of Law at The University of Texas at Austin. Income earned from the endowment will be used to award scholarships to students based on need and merit at the discretion of the Dean of the School of Law.

21.

U. T. Austin: Acceptance of Transfer of Funds and Establishment of the Robert S. Strauss Fellowship Fund in the Lyndon B. Johnson School of Public Affairs and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program.--The Land and Investment Committee recommended and the Board accepted a $37,725 transfer of previously reported gifts from current restricted funds and established the Robert S. Strauss Fellowship Fund in the Lyndon B. Johnson School of Public Affairs at The University of Texas at Austin. Income earned from the endowment will be used to award fellowships to students on the basis of academic and intellectual abilities and a commitment to a career in public service. Further, $18,862.50 in matching funds will be allocated under The Regents' Endowed Student Fellowship and Scholarship Program and will be used to increase the endowment to a total of $56,587.50.

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U. T. Austin: Acceptance of Pledge from an Anonymous Donor; Establlshmen-'--~'to--{ t - - h e V - ~ g Artlst~ Chal~-~-Ea--nd the Graduate Fellowships in the Fine and Performing Arts in the College of Fine Arts; Eligibility for Matching Funds Under The Regents' Endowed Teachers and Scholars Program; Establishment of the Visiting Chair in the Fine and Performing Arts in the College of Fine Arts; and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program.-Upon recommendation of the Land and Investment Committee, the Board accepted a $1,500,000 pledge, payable by August 31, 1991, from an anonymous donor and established the Visiting Artists Chair with funds of $i,000,000 and the Graduate Fellowships in the Fine and Performing Arts with funds of $500,000 in the College of Fine Arts at The University of Texas at Austin. Income earned on the fellowship endowment will be used to make awards based upon merit to incoming graduate students who are United States citizens. Further, $i,000,000 of the pledge will be matched under The Regents' Endowed Teachers and Scholars Program and will be used to establish the Visiting Chair in the Fine a n d P e r f o r m i n g Arts in the College of Fine Arts. Also, $250,000 in matching funds will be allocated under The Regents' Endowed Student Fellowship and Scholarship Program as the pledge is received and will be used to increase the Graduate Fellowships in the Fine and Performing Arts to a total of $750,000. Committee Chairman Ratliff reported that this is the largest single gift for faculty enrichment and student support in the history of the College of Fine Arts and on behalf of the Board accepted this contribution with a deep sense of gratitude.

23.

U. T. Austin: Acceptance of Gift from The University of Texas Foundation No. 2, Inc., Austin, Texas, and Establishment of the Richard Worley Endowed Fellowship in Economics in the College of Liberal Arts and Eligibility for Matching Funds Under The Regents' Endowed Student Fellowship and Scholarship Program.--The Board accepted a $99,999.90 gift from The University of Texas Foundation No. 2, Inc., Austin, Texas, representing sale proceeds from a gift of 555 shares of Miller, Anderson & Sherrerd limited partnership from Mr. Richard Worley, Bala-Cynwyd, Pennsylvania, and established the Richard Worley Endowed Fellowship in Economics in the Department of Economics, College of Liberal Arts, at The University of Texas at Austin. Income earned from the endowment will be used to award scholarships to deserving graduate students in the Department of Economics. Further, $49,999.95 in matching funds will be allocated under The Regents' Endowed Student Fellowship and Scholarship Program and will be used to increase the endowment to a total of $149,999.85.

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U. T. Dallas: General Studies Endowed Scholarship Fund Approval to Redesig~ate as the Carolyn G a l e r s t e i n General Studies E n d o w e d Scholarship F u n d . - - I n accordance with a combined request from P r e s i d e n t Rutford and the School of General Studies A d v i s o r y Council, approval was given to redesignate the General Studies Endowed Scholarship Fund as the Carolyn G a l e r s t e i n General Studies E n d o w e d Scholarship Fund at The U n i v e r s i t y of Texas at Dallas.

25.

U. T. E1 Paso: A c c e p t a n c e of Bequest from the Estate of Miss F r e d e r i c k Louise Etter, E1 Paso, Texas, and E s t a b l i s h m e n t of the Miss F r e d e r i c k Louise Etter Memorial Library Fund.--The Board, upon r e c o m m e n d a t i o n of the Land and Investment Committee, accepted a b e q u e s t of twenty-five p e r c e n t of the residual Estate of Miss F r e d e r i c k Louise Etter, E1 Paso, Texas, c o m p r i s e d of cash and a personal residence, with an initial dist r i b u t i o n of $14,000 r e c e i v e d to date, and e s t a b l i s h e d the Miss F r e d e r i c k Louise Etter Memorial Library Fund at The U n i v e r s i t y of Texas at E1 Paso. A final report will be made at a future date. Income earned from the e n d o w m e n t will b e used by the U n i v e r s i t y librarian to p u r c h a s e technical books and periodicals, serials on technical subjects, special journals and abstracts of any field. Miss Etter specified that the funds were not to be used for the acquisition of fiction or l i g h t - r e a d i n g magazines.

26.

U. T. E1 Paso: A c c e p t a n c e of Gift from the G o v e r n m e n t Employees Credit Union, E1 Paso, Texas, and Establishment of the R. C. M o r g a n Scholarship Fund.--The Land and Investment Committee r e c o m m e n d e d and the Board accepted a $15,000 gift from the G o v e r n m e n t Employees Credit Union, E1 Paso, Texas, and e s t a b l i s h e d the R. C. M o r g a n Scholarship Fund at The U n i v e r s i t y of Texas at E1 Paso. Income earned from the e n d o w m e n t will be used to award scholarships to u n d e r g r a d u a t e students from the E1 Paso m e t r o p o l i t a n area in the College of Business Administration in accordance with the Endowed Presidential Scholarship guidelines.

27.

U. T. S o u t h w e s t e r n Medical Center - Dallas: Establishment of the E. E. Fo~elson and Greer Garson Fogelson D i s t i n g u i s h e d Chair in U r o l o g y . - - A t the request of the S o u t h w e s t e r n Medical F o u n d a t i o n (an external foundation), the E. E. Fogelson and Greer Garson Fogelson D i s t i n g u i s h e d Chair in U r o l o g y was e s t a b l i s h e d at The U n i v e r s i t y of Texas S o u t h w e s t e r n Medical Center at Dallas in accordance with the Regents' Rules and Regulations. The funding for this Chair ($1,500,000) will be retained by the S o u t h w e s t e r n Medical F o u n d a t i o n and a ~ m i n i s t e r e d per the agreement between the F o u n d a t i o n and the U. T. Board of Regents. See Page

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to an appointment

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U. T. Southwestern Medical Center - Dallas: Acceptance of Gifts from the Dallas Foundation for Health, Education and Research, Dallas, Texas, and the McDermott Foundation, Dallas, Texas, and Establishment of The Robert V. Walker D.D.S. Distinguished Professorship in Oral Surgery and Eligibility for Matching Funds Under the Texas Eminent Scholars Program.--Upon recommendation of the Land and Investment Committee, the Board accepted a $230,000 gift from the Dallas Foundation for Health, Education and Research, Dallas, Texas, and a $25,000 gift from the McDermott Foundation, Dallas, Texas, for a total of $255,000 and established The Robert V. Walker D.D.S. Distinguished Professorship in Oral Surgery at The University of Texas Southwestern Medical Center at Dallas. Further, the actual income which will be earned on the $255,000 in gifts will be certified for matching under the Texas Eminent Scholars Program as set out in Chapter 51, Subchapter I of the Texas Education Code. See Page sorship.

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to this Profes-

U. T. Medical Branch - Galveston: Acceptance of Gift from Dr. E. Burke Evans, Galveston, Texas, and Establishment of the Emergency Room Lectureship in Orthopaedics.--The Board accepted a $25,000 gift from Dr. E. Burke Evans, Galveston, Texas, and established the Emergency Room Lectureship in Orthopaedics at The University of Texas Medical Branch at Galveston. Income earned from the endowment will be used to support the Lectureship. Dr. Evans' gift was initiated prior to the U. T. Board of Regents' action of April 14, 1988, consolidating endowed academic position titles and eliminating endowments of less than $50,000 for this purpose.

30.

U. T. Medical Branch - Galveston: Acceptance of Gift from Dr. and Mrs. Daniel L. Traber, Galveston, Texas, and Establishment of the Kurt Anderson Traber Memorial Lectureship for Burn Research.--The Land and Investment Committee recommended and the Board accepted a $16,640 gift from Dr. and Mrs. Daniel L. Traber, Galveston, Texas, and a $3,360 transfer of previously reported gifts from current restricted funds for a total of $20,000 and established the Kurt Anderson Traber Memorial Lectureship for Burn Research at The University of Texas Medical Branch at Galveston. Income earned from the endowment will be used to support the Lectureship. Dr. and Mrs. Traber's donation occurred prior to the U. T. Board of Regents' action on April 14, 1988, which increased the funding level for this type of endowment.

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U. T. H e a l t h Science Center - Houston: Approval to A c c e p t Pledge from the Isla Carroll Turner Friendship Trust, Houston, Texas, and R e d e s i g n a t e the Isla Carroll Turner P r o f e s s o r s h i p in G e r o n t o l o g y as the Isla Carroll Turner Chair in G e r o n t o l o g i c a l N u r s i n @ and E l i g i b i l i t y for M a t c h i n g Funds U n d e r the Texas E m l n e n t Scholars P r o g r a m . - - A p p r o v a l was given to accept a $200,000 pledge, payable in four annual installments, from the Isla Carroll Turner Friendship Trust, Houston, Texas, for addition to the Isla Carroll Turner Professorship in G e r o n t o l o g y for a total e n d o w m e n t of $500,000 and to redesignate the P r o f e s s o r s h i p as the Isla Carroll Turner Chair in G e r o n t o l o g i c a l Nursing at The U n i v e r s i t y of Texas H e a l t h Science Center at Houston. Further, the actual income w h i c h will be earned on the $200,000 pledge will be c e r t i f i e d for m a t c h i n g under the Texas Eminent Scholars Program as set out in Chapter 51, Subchapter I of the Texas E d u c a t i o n Code.

32.

U. T. M.D. A n d e r s o n Cancer Center: James E. Anderson Chair in Nuclear M e d i c i n e - Approval to Redesignate as the James E. A n d e r s o n P r o f e s s o r s h i p in Nuclear Medicine.--The Board, upon r e c o m m e n d a t i o n of the Land and Investment Committee, r e d e s i g n a t e d the James E. A n d e r s o n Chair in N u c l e a r Medicine as the James E. A n d e r s o n P r o f e s s o r s h i p in Nuclear M e d i c i n e at The Univ e r s i t y of Texas M.D. A n d e r s o n Cancer Center. This r e d e s i g n a t i o n was made in accordance with a combined request from P r e s i d e n t LeMaistre and Mr. Tom Anderson, brother of the late James E. Anderson. See Page sorship.

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U. T. M.D. A n d e r s o n Cancer Center: Mattie Allen Fair R e s e a r c h Chair - Approval to Transfer Income and to E s t a b l i s h the Mattie Allen Fair P r o f e s s o r s h i p in Cancer R e s e a r c h . - - U p o n r e c o m m e n d a t i o n of the Land and Investment Committee, the Board approved a transfer of $200,000 of accumulated income earned on the Mattie Allen Fair R e s e a r c h Chair and e s t a b l i s h e d the Mattie Allen Fair Professorship in Cancer R e s e a r c h at The U n i v e r s i t y of Texas M.D. A n d e r s o n Cancer Center. Income earned from the endowment will be used to support the Professorship.

34.

T. M.D. A n d e r s o n Cancer Center: A c c e p t a n c e of Bequest from the Estate of E l l e n F. Knisely, Roanoke, Virginla.-The Board accepted a b e q u e s t of a p p r o x i m a t e l y $900,000 from the Estate of Ellen F. Knisely, Roanoke, Virginia, with an initial d i s t r i b u t i o n of $500,000 received to date, for use in colon cancer research at The U n i v e r s i t y of Texas M.D. A n d e r s o n Cancer Center. A final report will be made at a later date. U.

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U. T. M.D. A n d e r s o n Cancer Center: ~ R e ort on Establ--~hment of Trust b Z Mr. W - - ~ r n M. Smlth, Monroe, Lou~ana.--It was r e p o r t e d that a trust, v a l u e d at a p p r o x l m a t e l y $250,000, had been e s t a b l i s h e d as prescribed by the Last Will and T e s t a m e n t of W i l b u r n M. Smith, Monroe, Louisiana. Mr. Smith's mother, Gladys M c V a y Smith of Riverton, Louisiana, is the life income b e n e f i c i a r y of the trust with The U n i v e r s i t y of Texas M.D. A n d e r s o n Cancer Center entitled to receive twentyfive p e r c e n t of the corpus of the trust upon the death of Mrs. Smith. A report will be submitted when the trust d i s t r i b u t i o n is received along with a r e c o m m e n d a t i o n for specific use.

36.

U. T. M.D. A n d e r s o n Cancer Center and U. T. S o u t h w e s t e r n Medical Center " Dallas: A c c e p t a n c e of B e q u e s t from the Estate of Betty B. Marcus, Dallas, Texas, Authorization for the Office of A s s e t M a n a g e m e n t to Negotiate the Sale of the P r o p e r t y and A u t h o r i z a t i o n for the E x e c u t i v e Vice Chancellor for Asset M a n a g e m e n t to Execute All Documents P e r t a i n i n g to the Sale.--The Land and Investment Committee r e c o m m e n d e d and the Board accepted a b e q u e s t of twenty p e r c e n t of the residual Estate of Betty B. Marcus, Dallas, Texas, comprised of notes, securities, treasury bills, and holdings in real estate and mineral interests, with a ten percent d i s t r i b u t i o n valued at $900,000 each for The U n i v e r s i t y of Texas M.D. A n d e r s o n Cancer Center and The U n i v e r s i t y of Texas S o u t h w e s t e r n Medical Center at Dallas for a total of $1,800,000. Each c o m p o n e n t has received an initial d i s t r i b u t i o n of $350,000. Funds for the b e n e f i t of the U. T. S o u t h w e s t e r n Medical Center - Dallas are designated for use in c o n n e c t i o n with p s y c h o n e u r o l o g i c a l research. A final report for each component and a d e s i g n a t e d use of funds for the U. T. M.D. A n d e r s o n Cancer Center will be made at a later date. Further, the Office of Asset M a n a g e m e n t was authorized to negotiate the sale of the property at fair market value and the Executive Vice Chancellor for Asset Management was authorized to execute all documents pertaining to the sale of same.

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R E C O N V E N E . - - A t 4:20 p.m., the B o a r d r e c o n v e n e d as a committee of the whole to consider those items r e m a i n i n g on the agenda.

ITEM FOR THE RECORD

U. T. Austin and U. T. H e a l t h Science Center - San Antonio: Report of E x e c u t i o n of Documents R e l a t i n g to P f o r z h e i m e r Collection, San Antonio B i o t e c h n o l o g y Effort and Texas Research Park, and R e s e a r c h B u i l d i n g . - - I n accordance with a u t h o r i z a t i o n given by the Board in February 1988, Chairman Blanton reported that he had executed, on behalf of The University of Texas System, along with the Communities Foundation and the Perot Foundation, both of Dallas, Texas, and the Texas R e s e a r c h and T e c h n o l o g y F o u n d a t i o n and the San Antonio Medical Foundation, both of San Antonio, Texas, documents relating to the sale and purchase of the Pforzheimer C o l l e c t i o n at The U n i v e r s i t y of Texas at Austin and to the construction, e q u i p p i n g and endowing of the U. T. Institute of B i o t e c h n o l o g y to be located in the Texas Research Park and to the c o n s t r u c t i o n and equipping of the Research Building to be c o n s t r u c t e d on the campus of The U n i v e r s i t y of Texas Health Science Center at San Antonio. These documents, on file in the Office of the Board of Regents, were executed on April 22, 1988.

EXECUTIVE

SESSION OF THE BOARD OF REGENTS

Chairman B l a n t o n reported that the Board had met in Executive Session in the Regents' Conference Room to discuss matters in accordance with Article 6252-17, Sections 2(e), (f) and (g) of Vernon's Texas Civil Statutes. In response to Chairman Blanton's inquiry regarding the wishes of the Board, the following actions were taken: .

U. T. Medical Branch - Galveston: Settlement of Civil Rights L i t i g a t i o n - Alice Copado, et al.--Regent Yzaguirre moved that the Chancellor and the Office of General Counsel be authorized to settle on b e h a l f of The U n i v e r s i t y of Texas Medical Branch at G a l v e s t o n the civil rights litigation filed by Alice Copado, et al, in accordance with the proposal p r e s e n t e d in Executive Session. V i c e - C h a i r m a n Ratliff seconded the motion which prevailed by unanimous vote.

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U. T. Health Center - ~ : Settlement of Medical Liab - ~ l ~ a t - ~ U Patricia W l - - ~ [ ~ t al?Z-R-~--~nt Yzaguirre moved that the Chancellor and the Office of General Counsel be authorized to settle on behalf of The University of Texas Health Center at Tyler the medical liability claim filed by Patricia Williams, et al, in accordance with the proposal presented in Executive Session. Vice-Chairman Ratliff seconded the motion which carried without objection.

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U. T. San Antonio: Authorization for Office of Asset Management to Finalize Negotiations for the Sale of the Lutcher Center Located in Terrell Hills, San Antonio, Bexar County, Texas, and Authorization for Executive Vice Chancellor for Asset Management to Execute Documents Related Thereto.--Upon motion of Vice-Chairman Ratliff, seconded by Regent Beecherl, the Board authorized the Office of Asset Management to finalize negotiations for the sale of The University of Texas at San Antonio Lutcher Center in Terrell Hills, San Antonio, Bexar County, Texas, pursuant to the parameters discussed in Executive Session and authorized the Executive Vice Chancellor for Asset Management to execute the necessary documents after approval by the Office of General Counsel. Proceeds from the sale will be added to the Lutcher Brown Endowment for Academic Excellence at U. T. San Antonio. See related item on Page

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4

U. T. System: Approval of Personnel Aspects of the 1988-89 Operating Budgets, Including Auxiliary Enterprises, Grants and Contracts, Designated Funds, Restricted Current Funds, and Medical and Dental Services, Research and Development Plans and Authorization for Chancellor to Make Appropriate Editorial Corrections Therein.--Vice-Chairman Roden moved that the personnel aspects of the 1988-89 Operating Budgets, Including Auxiliary Enterprises, Grants and Contracts, Designated Funds, Restricted Current Funds, and Medical and Dental Services, Research and Development Plans for The University of Texas System be approved. Vice-Chairman Roden further moved that the Chancellor be authorized to make editorial corrections in these budgets and that subsequent adjustments be reported to the U. T. Board of Regents through the institutional dockets. Regent Barshop out objection.

seconded

the motions

which prevailed with-

See Page 7 for approval of non-personnel the 1988-89 Operating Budgets.

aspects of

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REPONT OF BOARD FOR LEASE OF U N I V E R S I T Y LANDS

Regent Yzaguirre, a member of the Board for Lease of U n i v e r s i t y Lands, r e p o r t e d that the Board for Lease had not met since the Board of Regents' m e e t i n g on April 14, 1988. He announced that on April 25, 1988, the Board for Lease m a i l e d a Call for Nominations for an a n t i c i p a t e d sale in N o v e m b e r 1988 for U n i v e r s i t y Lands in Andrews, Crockett, Irion, Martin, Reagan, Schleicher and U p t o n Counties, Texas, and that the Board w o u l d likely meet in late July to review the n o m i n a t i o n s and set the terms for the N o v e m b e r sale.

SCHEDULED M E E T I N G . - - C h a i r m a n B l a n t o n a n n o u n c e d that the next m e e t i n g of the U. T. Board of Regents will be h e l d in Austin, Texas, on A u g u s t Ii, 1988.

A D J O U R N M E N T . - - T h e r e being no further business, adjourned at 4:25 p.m.

the meeting was

Arthur H. Executive Secretary

June 15,

1988

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