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Home My WebLink About2012.03.06 City Council AgendaCITYOFUNIVERSITYPARK REGULARCITYCOUNCILMEETING LOCATION:CITYHALLCOUNCILCHAMBER AGENDA#2831 MARCH6,2012 CALLTOORDER:5:00P.M. 3:30-4:00P.M.EXECUTIVESESSION:underTGCSection551.072,theCouncilwillconvene into ClosedExecutiveSessionfordeliberationsregardin gthepossibleacquisitionof realpropertylocatedat7406TurtleCreekBlvd.No actionwillbetaken.Executive ConferenceRoom,1stFloorCityHall. 4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:CouncilConferenceRoom,2ndFloor, CityHall TOSPEAKONANAGENDAITEM AnyonewishingtoaddresstheCouncilonanyitemm ustfilloutagreen“RequesttoSpeak”formand returnittotheCitySecretary.Whencalledforwar dbytheMayor,beforebeginningtheirremarks,spe akers areaskedtogotothepodiumandstatetheirname andaddressfortherecord. I.CALLTOORDER A.INVOCATION:CouncilmemberBobBegert B.PLEDGEOFALLEGIANCE:CouncilmemberBobBeger t/BoyScouts C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDav is D.INTRODUCTIONOFSTAFF:CityManagerBobLivin gston II.CONSENTAGENDA A.CONSIDERANDACT:onminutesoftheFebruary2 1,2012CityCouncilMeeting B.CONSIDERANDACT:onapprovalofreplacementPanasonicToughBook ComputersinPoliceandFirevehicles C.CONSIDERANDACT:onbidsreceivedforreplace mentofdefectivesidewalk D.CONSIDERANDACT:onthecooperativecontractpurchaseofa2012Chev rolet C3500Truckand2012Model250InclineVacforInfr astructureMaintenance III.MAINAGENDA A.CONSIDERANDACT:onanagreementallowingSMUtomaintaintheSMUBl vd. mediansbetweenDublinandAirline IV.PUBLICCOMMENTS AnyonewishingtoaddressanitemnotontheAgenda shoulddosoatthistime.Pleasebe advisedthatundertheTexasOpenMeetingsAct,the Councilcannotdiscussoractatthis meetingonamatterthatisnotlistedontheAgend a.However,inresponsetoaninquiry,a Councilmembermayrespondwithastatementofspec ificfactualinformationora recitationofexistingpolicy.ItistheCouncil’spolicytorequestthatcitizensnotaddress Page 1 of 28 itemsthatarecurrentlyscheduledforafutureage ndaorpublichearing.Instead,theCouncil requeststhatcitizensattendthatspecificmeeting toexpresstheiropinions,orcommentto theCouncilbye-mailatCity-Council@uptexas.orgorletteraddressedtotheMayo rand Councilat3800UniversityBlvd.,UniversityPark,Texas75205.Otherquestionsorprivate commentsfortheCityCouncilorStaffshouldbedi rectedtothatindividualimmediately followingthemeeting. AsauthorizedbySection551.071(2)oftheTexasGo vernmentCode,thismeetingmaybeconvened intoClosedExecutiveSessionforthepurposeofse ekingconfidentiallegaladvicefromtheCity AttorneyonanyAgendaitemslistedherein. Page 2 of 28 AGENDAMEMO (3/6/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector,CitySecretary SUBJECT:CONSIDERANDACT:onminutesoftheFebruary21,20 12CityCouncilMeeting BACKGROUND: MinutesoftheFebruary21,2012CityCouncilMeeti ngareincludedfortheCouncil'sapproval. ATTACHMENTS: Feb21,2012CouncilMeetingMinutes Page 3 of 28 MINUTES AGENDA #2830 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL TUESDAY, FEBRUARY 21, 2012, 5:00 P.M. 3:00 - 4:10 P.M. CITY MANAGER BOB LIVINGSTON PROVIDED INFORMATION TO THE CITY COUNCIL ON RESPONSIVE ACTIONS TO COMMUNITY SURVEY RESULTS AND UPDATES ON THE STATUS OF PREVIOUSLY IDENTIFIED STRATEGIC GOALS. COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL. 4:15 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL. The Regular City Council Meeting was called into session at 5:00 p.m. in the Council Chamber at City Hall. Present were Councilmember Stewart, Mayor Pro Tem Grable, Mayor Davis, Councilmember Clark, and Councilmember Begert. Also in attendance were City Manager Livingston, and City Attorney Dillard. Mayor Davis recognized several Boy Scouts attending the meeting. He asked them to help lead the Pledge of Allegiance. The Boy Scouts include: Johnson Scoggins, Troop 80, Communications; Jackson Scoggins, Troop 80, Communications; John Stillman, Troop 80, Communication; Trevor Buchholz, Troop 80, Communications; Miles Hubbard, Troop 80, Communication; Grayson McTaggart, Troop 80, communication; Turner Champion, Troop 80, Communications; Chase Bufkin, Troop 80; Kieran Burns, Troop 70, Communications and Citizenship in the Community; Cole Everett, Troop 70, Citizenship in the Community; and, Carl Langholz, Troop 80, Communications. City Manager Livingston introduced staff. They included: Community Information Officer Steve Mace, Director of Information Services Jim Criswell, Police Chief Gary Adams, Director of Public Works Bud Smallwood, City Secretary Liz Spector, Fire Chief Randy Howell, Director of Parks Gerry Bradley, Assistant to the City Manager George Ertle, Director of Human Resources Luanne Hanford, Assistant Director of Public Works Jacob Speer, Director of Community Development Robbie Corder, Purchasing Agent Christine Green, and Director of Finance Kent Austin. I. CALL TO ORDER A. INVOCATION: City Councilmember Robert Clark B. PLEDGE OF ALLEGIANCE: City Councilmember Robert Clark / Boy Scouts C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D. INTRODUCTION OF STAFF: City Manager Bob Livingston II. CONSENT AGENDA A. REPORT: on University Park Police Department Annual Traffic Stop Analysis Page 4 of 28 Chief Adams presented the report to the Council during the worksession. According to Chief Adams, the report shows that the University Park Police Department is in full compliance with the law as it relates to racial profiling; that a formal policy prohibiting racial profiling is in place; that officers receive mandated training and that the agency has established programs to educate the pubic about racial profiling and how to file a complaint; that a formalized complaint process is in place and that the collection of data is carried out in compliance with the law. The report also shows that during 2011 the department did not receive any racial profiling complaints. The Council approved new banner designs and purchase of the banners with costs to be shared with the Snider Plaza Merchants Association. This vehicle is a replacement of the 2006 GO-4 three-wheeled vehicle for which repair parts are no longer available. The Equinox is available on an HGAC contract through Caldwell Country Chevrolet for a total cost of $21,650. Purchases made through HGAC satisfy all competitive bidding requirements. Change Order No. 1 to the curb and gutter replacement contract with Ken-Do Contracting in the amount of $650,000 will add approximately fifteen blocks of C & G replacement and represents an increase of 16.3% to the original contract. State law allows increases to existing contracts in amounts up to 25% of the original contract. ORDINANCE NO. 12/03 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF THE 3400 BLOCK OF NORMANDY FOR A DISTANCE OF 215 FEET WEST OF HILLCREST, AND ON DUBLIN STREET OR AIRLINE ROAD FROM SMU BOULEVARD TO MOCKINGBIRD LANE AT ANY TIME; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 12/04 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, TRAFFIC CONTROL, BY AMENDING SECTION 12.05.042 (a) TO PROVIDE FOR DESIGNATION OF A RESIDENT-PARKING-ONLY ZONE ON THE NORTH SIDE OF THE 3500 BLOCK OF MC FARLIN BOULEVARD; AMENDING SECTION 12.05.042 (a) (20) TO REMOVE THE SOUTH SIDE OF THE 3400 BLOCK B. CONSIDER AND ACT: on Snider Plaza seasonal banner program C. CONSIDER AND ACT: on the HGAC purchase of a 2012 Chevrolet Equinox for Police parking enforcement D. CONSIDER AND ACT: on Change Order No. 1 to the City’s contract with Ken-Do Contracting E. CONSIDER AND ACT: on two ordinances designating NO PARKING ANYTIME at several locations in the City and amending residential parking districts Page 5 of 28 OF NORMANDY FROM HILLCREST WEST A DISTANCE OF 215 FEET; AMENDING SECTION 12.05.003 (c) TO PROHIBIT PARKING IN ALLEYS OR ALLEY RIGHTS-OF-WAY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE AND FOR THE ERECTION OF SIGNS. Councilmember Stewart made a motion to approve the Consent Agenda. Mayor Pro Tem Grable seconded, and the motion carried unanimously. City Manager Livingston addressed the Council. He said approval of this agenda item will order a General Municipal Election on May 12, 2012 to elect a Mayor and four Councilmembers and will give authority to the Mayor and City Secretary to enter into a contract with the Dallas County Elections Administrator to provide election services. Mr. Livingston mentioned that although the final contract has not yet been received from the DCEA, a draft copy is in the packet and no substantial changes are anticipated. He said the delay in receiving the final version is due to litigated redistricting which will include precinct numbering changes for the City. He said once the final contract is received, the City Secretary will provide a copy to the Council. Councilmember Begert made a motion to approve an ordinance ordering the May 12, 2012 General Municipal Election and giving authority to enter into an election services contract with the Dallas County Elections Administrator (DCEA). Councilmember Clark seconded, and the motion carried unanimously. ORDINANCE NO. 12/05 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ORDERING A GENERAL MUNICIPAL ELECTION ON SATURDAY, MAY 12, 2012, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR (4) CITY COUNCIL MEMBERS; CREATING A SINGLE ELECTION PRECINCT; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; AUTHORIZING THE MAYOR AND CITY SECRETARY TO EXECUTE AN ELECTION SERVICES CONTRACT WITH DALLAS COUNTY ELECTIONS ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE. Director of Finance Kent Austin addressed the Council. He stated action comes to the Council each year to modify the homestead exemption for over-65 and disabled residents. Mr. Austin said the current exemption amount is $280,000 and staff proposes to reduce it to F. CONSIDER AND ACT: on approval of minutes of the February 7, 2012 City Council Meeting III. MAIN AGENDA A. CONSIDER AND ACT: on an ordinance ordering the May 12, 2012 General Municipal Election and giving authority to enter into an election services contract with the Dallas County Elections Administrator (DCEA) B. CONSIDER AND ACT: on ordinance decreasing the Over-65 and Disabled Homestead Exemption from $280,000 to $275,000 Page 6 of 28 $275,000 to maintain the exemption at 25% of the value of the average single-family home in University Park. He said the reduction is because of a slight decline in home values for the current year. He said if approved, the amount will be effective for the upcoming fiscal year, beginning October 1, 2012. Mr. Austin said the reduced exemption amount is approved by the Finance Advisory Committee. Councilmember Clark made a motion to approve an ordinance decreasing the Over-65 and Disabled Homestead Exemption from $280,000 to $275,000. Mayor Pro Tem Grable seconded, and the motion carried unanimously. ORDINANCE NO. 12/06 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, TO PROVIDE AN EXEMPTION ON THE RESIDENCE HOMESTEAD OF AN INDIVIDUAL WHO IS DISABLED OR AN INDIVIDUAL WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER IN THE AMOUNT OF TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($275,000.00) ON THE ASSESSED VALUE; AND PROVIDING AN EFFECTIVE DATE. City Manager Livingston summarized the agenda item. He stated it is a routine item and will give staff and the consortium of 154 participating cities up to 90 additional days to negotiate with Atmos for a smaller rate increase. Councilmember Stewart made a motion to approve a resolution suspending the effective date of Atmos Energy rate increase request. Councilmember Begert seconded, and the motion carried unanimously. RESOLUTION NO. 12-01 RESOLUTION OF THE CITY OF UNIVERSITY PARK SUSPENDING THE MARCH 6, 2012, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION (“ATMOS MID-TEX”) REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND OTHER CITIES IN THE ATMOS MID-TEX SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND ACSC’S LEGAL COUNSEL City Manager Livingston explained rules pertaining to addressing the Council from the floor. Mayor Davis asked if anyone present wished to address the Council. As there was no one, Mayor Davis adjourned the meeting. C. CONSIDER AND ACT: on a resolution suspending the effective date of Atmos Energy rate increase request IV. ITEMS FROM THE FLOOR Page 7 of 28 Considered and approved this 6th day of March, 2012. ___________________________________ W. Richard Davis, Mayor ATTEST: ____________________________ Elizabeth Spector, City Secretary Page 8 of 28 AGENDAMEMO (3/6/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:JimCriswell,DirectorofInformationServices SUBJECT:CONSIDERANDACT:onapprovalofreplacementPanasonicToughBook ComputersinPoliceandFirevehicles BACKGROUND: ThePoliceandFireDepartmentshavebeenusingmob ilecomputingsincelate2001.Theoriginal PanasonicCF-27ToughBookswerereplacedwithCF-29 ToughBooksaspartoftheInformation Servicesplannedequipmentobsolescenseprogramin Marchof2006.TheCF-29Toughbookshave beeninserviceforsixyears,andthereforearesc heduledforreplacementthisyear. ThePoliceDepartmenthas15mobilecomputerssched uledforreplacementwithPanasonicCF-31 ToughBooks. TheFireDepartmenthas8mobilecomputersschedule dforreplacementalongwith2PDRC (PermanentDisplayRemovableComputer)units.TheP DRCunitsresideintheTruckandinthe BattalionChief'sTahoetoallowincidentstobema nagedfromtherearofthevehicle.Sixofthe replacementswillbePanasonicCF-31ToughBooksand twowillbePanasonicCF-H2Tablets,a moremobileversiontobeusedbytheFireMarshals . RECOMMENDATION: BidsweresolicitedfromtheInformationServicese quipmentvendorbidlist,andresponseswere receivedfromCDW-G,SouthernComputerWarehouse,A ustinRibbon+Computer(ARC),and GovConnection. StaffrecommendsapprovalofthelowbidfromAusti nRibbon+Computer(ARC)asitemizedbelow. PoliceDepartment 15PanasonicCF-31ToughbookComputerswithDocking Stationsat$4,904.48each Total-$73,567.20 FireDepartment 6PanasonicCF-31ToughbookComputerswithDocking Stationsat$4,904.48each Total-$29,426.88 2PanasonicPDRCUnitsat$1,869.62each Total-$3,739.24 2PanasonicCF-H2Tabletsat$3,196.88each Total-$6,393.76 Page 9 of 28 GrandTotal-$113,127.08 AustinRibbon+Computer(ARC)isaDIR(Department ofInformationResources)vendor.This designationsatisfiesthecompetitivebiddingrequi rementoftheStateofTexas. FUNDINGSOURCE: FundsareavailableintheEquipmentReplacementFu nd.SincetheToughBookComputersresidein thevehiclesandareasmuchanintegralpartofth erequiredequipmentastheradioequipment,light bar,etc.,thesourceforthesefundsistheEquipm entReplacementFund.Thisrecommendationhas theapprovaloftheFinanceDirector,KentAustin. Page 10 of 28 AGENDAMEMO (3/6/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR."Bud"Smallwood,P.E.;DirectorofPublicW orks SUBJECT:CONSIDERANDACT:onbidsreceivedforreplacement ofdefectivesidewalk BACKGROUND: AdvertisementswereplacedintheParkCitiesNews onFebruary2andFebruary9forsolicitationof contractorsinterestedinsubmittingbidsforremov alandreplacementofdefectivesidewalk.Five bidswerereceivedonFebruary22,withthelowest responsive,responsiblebidderbeingAdmiral Construction,Dallas,TX.Hisbidwas$55,790. EngineeringDivisionstaffreviewedAdmiralConstru ction'sbiddocumentsandcheckedreferences onmunicipalprojectshehascompletedwiththeCit yofDallas. RECOMMENDATION: StaffrecommendsCityCouncilapprovalofthelowb idderandauthorizationfortheCityManagerto enterintoacontractintheamountof$55,790with AdmiralConstructionforremovaland replacementofdefectivesidewalk. FUNDINGSOURCE: GENERALFUND -OPERATINGBUDGET InfrastuctureMaintenance(Streets) AcctNo.01-80-6375 ATTACHMENTS: BIDS Advertisement Page 11 of 28 CITY OF UNIVERSITY PARK ENGINEERING DEPARTMENT TO: Tom Waters Park Cities News Voice 214.369.7571 Fax 214.369.7736 FROM: Gene R. Smallwood, P.E. Director of Public Works Voice 214.987.5400 Fax 214.987.5499 E-Mail bsmallwood@uptexas.org MESSAGE: Please publish this legal notice in the paper for February 2, 2012 and February 9, 2012. Please provide me with confirmation of the two public notices. If you have any questions or need further information regarding the above, please contact me at your earliest convenience. PUBLIC NOTICE Notice is hereby given by the City of University Park that sealed proposals addressed to the Director of Public Works, 4420 Worcola, Dallas, Texas 75206, will be accepted prior to 2:00 P.M., on Wednesday, February 22, 2012 for the following: REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS All interested parties may examine any plans, specifications and other documents without charge in the City Engineer's office at the City of University Park Service Center at 4420 Worcola, Dallas, Texas 75206 and/or WWW.BIDSYNC.COM. Page 12 of 28 MEMO TO: Christine Green DATE: March 2, 2012 Purchasing Agent FROM: Gene R. Smallwood, P.E. RE: Advertisements Director of Public Works Please be advised, that we will be advertising in the Park Cities News on February 2nd and February 9th for the following project: REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS Notice is hereby given by the City of University Park that sealed proposals addressed to the Director of Public Works, 4420 Worcola, Dallas, Texas 75206, will be accepted prior to 2:00 P.M., on Wednesday, February 22, 2012 for the following: All interested parties may examine any plans, specifications and other documents without charge in the City Engineer's office at the City of University Park Service Center at 4420 Worcola, Dallas, Texas 75206 and/or on WWW.BIDSYNC.COM . Please let me know if any additional information is needed. Page 13 of 28 REMOVAL & REPLACEMENT OF DEFECTIVE SIDEWALK Admiral Constr Estrada Concrete Axis Contracting PAEE CorpStark Built Dallas, TXDallas, TX Dallas, TX Colleyville, TX Oak Point, TX UNIT UNIT UNIT UNIT UNIT DESCRIPTION QTY UNITPRICE EXTN PRICE EXTN PRICE EXTN PRICE EXTN PRICE EXTN Remove-Replace 4" Conc Sdwlk9000 SF $4.70$42,300.00$5.00$45,000.00$6.00$54,000.00$7.00$63,000.00$6.75$60,750.00 Remove-Replace 6" Conc Sdwlk 500 SF $4.98$2,490.00$5.24$2,620.00$6.50$3,250.00$7.50$3,750.00$8.75$4,375.00 ADA Ramps 20LS$550.00$11,000.00$700.00$14,000.00$1,050.00$21,000.00$650.00$13,000.00$1,200.00$24,000.00 $55,790.00$61,620.00 $78,250.00 $79,750.00 $89,125.00 Page 14 of 28 AGENDAMEMO (3/6/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:ChristineGreen,PurchasingAgent SUBJECT:CONSIDERANDACT:onthecooperativecontractpurchaseofa2012Chev rolet C3500Truckand2012Model250InclineVacforInfr astructureMaintenance BACKGROUND: AttachedisamemofromHarryShearouse,Infrastruc tureMaintenanceSuperintendent,regardingthe purchaseofa2012ChevroletC3500PickupTruckand 2012Model250InclineVac.Thispurchaseis ascheduledreplacementofanexistingtruck(1996 FordF450)andvacuum(2001VactronVac). TheChevytruckisavailablefor$37,744onastate contractthroughCaldwellCountry,andthe vacuumisavailableonanHGACcontractfor$44,060 throughTexasMunicipal Equipment.Purchasesmadethroughstatecontractan dHGACsatisfyallcompetitivebidding requirements. RECOMMENDATION: Staffrecommendspurchaseofthe2012ChevroletC35 00truckfromCaldwellCountryviastate contractintheamountof$37,744,andthepurchase ofthe2012Model250InclineVacfromTexas MunicipalEquipmentintheamountof$44,060.Thet otalcostofthepurchaseis$81,804. ATTACHMENTS: MemofromHarryShearouse,VPRforms,andStateCon tractandHGACquotes Page 15 of 28 MEMORANDUM DATE: March 1, 2012 TO: Kent Austin Director of Finance FROM: Harry Shearouse Infrastructure Maintenance Superintendent SUBJECT: Replacement of Vacuum Trailer and Haul Truck The vacuum trailer unit is used as a digging tool when we need to locate city services, like water and sewer lines. It is also invaluable when locating gas, telephone and cable lines prior to excavation when they are in close proximity to our work sites. Since most of our work is in the alleys, and they are especially tight, it is an invaluable tool which allows us to excavate safely and avoid costly service interruptions. The new unit will allow us to excavate up to 100’ from the vacuum itself making it a useful tool when excavating between houses on water main breaks, which frequently occur. A new central role of the vacuum trailer is to capture and remove the concrete slurry we create when we saw cut a street or alley. This capture keeps the concrete slurry from entering the storm system or going directly into a creek. The vacuum trailer unit is also used to clean/clear sanitary sewer manholes if our main Vac-Truck is not available for one reason or another. Page 16 of 28 Page 17 of 28 Page 18 of 28 Page 19 of 28 Page 20 of 28 Page 21 of 28 Page 22 of 28 Page 23 of 28 Page 24 of 28 AGENDAMEMO (3/6/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GerryBradley,ParksDirector SUBJECT:CONSIDERANDACT:onanagreementallowingSMUtomaintaintheSMUBl vd. mediansbetweenDublinandAirline BACKGROUND: StaffhasreceivedarequestfromSouthernMethodis tUniversitytoenterintoanagreementwiththe CityregardingmaintenanceofmediansalongSMUBlv d.betweenDublinStreetandAirlineRoad. ThisagreementwillaffordSMUtheabilitytoenhan cethemedians'landscapeandmaintainthemata moredefinedservicelevel.Theagreementwillalso allowtheCitytoretainpropertyownershipand necessaryeasementsandrights-of-ways.Thisagreementwillbesimilartothemainten anceagreement betweentheCityandtheGeorgeBushLibraryCenter formedianmaintenancealongSMUBlvd. betweentheCentralExpresswayserviceroadtothe eastandDublinStreettothewest. Theenhancementsandmaintenanceofthesemediansw illcreateanattractiveextensionthroughthe corridorwhichpassesthroughtheUniversity,theG eorgeBushLibraryCenterandthenewly renovatedlandscapedoverpassatCentralExpressway . RECOMMENDATION: StaffrequeststheCityCouncilapproveenteringin tothismaintenanceagreementwithSMU. ATTACHMENTS: SMUMedianLocation DevelopmentAgreement2012.03.06 Page 25 of 28 Page 26 of 28 54275 DEVELOPMENT AGEEMENT NUMBER 8 BETWEEN SMU AND THE CITY OF UNIVERSITY PARK WHEREAS, Southern Methodist University (hereinafter sometimes referred to as the “University”) and the City of University Park, Dallas County, Texas (“City”) wish to enter into a mutually beneficial agreement with regard to the landscaping, irrigation and maintenance of a portion of SMU Boulevard, a public street in the City; and WHEREAS, the University and the City desire to enter into an agreement (“Agreement”) that will authorize the University to provide landscaping, irrigation and maintenance to that portion of SMU Boulevard between Airline Road and Dublin Street; NOW, THEREFORE, in consideration of the premises and in further consideration of the obligations hereinafter undertaken, one to the other, the parties hereto agree as follows: I. Affected Area of City Owned Land The provisions of this Agreement apply only to the median of SMU Boulevard between its intersection with Dublin Street and its intersection with Airline Road (the “property”). II. Payment of Costs The University will pay all the costs of the replacement or installation of landscape materials, irrigation improvements and maintenance of the property during the term of this Agreement. III. Plans; Approval by City; Permits The University will submit plans and specifications for any proposed landscape or irrigation improvements to the property to the City Parks Director for review and approval prior to the commencement of any work on the property. If required by City ordinance, the University will secure at its cost appropriate permits from the City for such improvements. IV. Miscellaneous A. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or Page 27 of 28 54275 written agreement with regard thereto. This Agreement cannot be changed except by written agreement of the parties. B. Should any provision of this Agreement be held or determined to be illegal, invalid, or unconstitutional, such holding shall not affect the remaining portions of this Agreement, which are declared to be severable. C. Each person signing this Agreement represents that he is authorized by the governing body of the entity he represents to execute this Agreement on behalf of such entity. D. This Agreement shall continue in effect until a party hereto gives ninety (90) days’ notice in writing to the other that it no longer wishes to continue the Agreement. EXECUTED by the parties hereto by and through their duly authorized representatives and effective on the latter of the dates shown below. Southern Methodist University City of University Park, Texas By: ____________________________ By: _______________________________ Date: ___________________________ Date: ______________________________ Page 28 of 28