HomeMy WebLinkAbout2015.06.15 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, June 16, 2015
EXECUTIVE SESSION
3:00 - 4:00 P.M. Pursuant to TGC§ 551.071(2), the City Council will meet in closed session to receive
confidential legal advice from the City Attorney with regard to the City's legal obligation to the
Firefighters' Relief and Retirement Fund (FRRF). Pursuant to TGC§ 551.072, the City Council will
meet in closed session to discuss the possible purchase of property in the vicinity of the Preston
Road-Lovers Lane intersection for public park purposes. No action will be taken. Executive
Conference Room, 1st Floor, City Hall.
PRE-MEETING WORK SESSION(S)
4:00 - 5:00 P.M. The City Council will meet in open work session to receive agenda item briefings
from staff. No action will be taken. Council Conference Room, 2nd floor, City Hall.
TO SPEAK ON AN AGENDA ITEM
Anyone wishing to address the Council on any item must fill out a green “Request to Speak” form and
return it to the City Secretary. When called forward by the Mayor, before beginning their remarks,
speakers are asked to go to the podium and state their name and address for the record.
I.CALL TO ORDER
A.INVOCATION: Mayor Olin Lane, Jr.
B.PLEDGE OF ALLEGIANCE: Mayor Olin Lane, Jr. / Boy Scouts
C.INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.
D.INTRODUCTION OF STAFF: City Manager Robbie Corder
II.AWARDS AND RECOGNITION
15-362 Recognition of Max Dillard Family for tree donation
2015.06.16 Max Dillard Appreciation.pdfAttachments:
15-367 University Park Community League recognition of 2014 City of
University Park Employee of the Year.
Page 1 City of University Park Printed on 6/12/2015
June 16, 2015City Council Meeting Agenda
III.CONSENT AGENDA
15-365 Consider approval of the minutes of the June 2, 2015 City Council
Meeting.
Staff Report
Minutes - June 2, 2015 City Council Meeting.pdf
Attachments:
IV.MAIN AGENDA
15-361 Consider approval of the purchase of individual body cameras for police
officers.
6-16-15 Individual Body Camera Agenda
Body Camera Quotes
Attachments:
15-363 Consider an agreement with the Dallas County Park Cities Municipal
Utilities District to provide sampling and laboratory analysis services.
AM - DCPCMUD SAMPLING & ANALYSES.docx
DALLAS-UP Final Compliance_Agreement.docx
Copy of UP Monthly Sampling FY2014.pdf
Attachments:
15-366 Consider an agreement with Lang Partners for reconstruction of sanitary
sewer improvements
AM -SAN SEWER REPLACEMENT - LOVERS 52.doc.docx
LOVERS 52 SAN SEWER REPLACEMENT_Page_1.jpg
LOVERS 52 SAN SEWER REPLACEMENT_Page_2.jpg
2015.06.16 264dev participation with Lang Partners72001.docx
Attachments:
15-364 Consider an agreement with Cates-Clark & Associates for engineering
design services.
AM -SAN SEWER DESIGN - LOVERS 52.docx
CCA Design Services Proposal 2015.06.09.pdf
Attachments:
V.PUBLIC COMMENTS
Anyone wishing to address an item not on the Agenda should do so at this time. Please be advised
that under the Texas Open Meetings Act, the Council cannot discuss or act at this meeting on a
matter that is not listed on the Agenda. However, in response to an inquiry, a Council member may
respond with a statement of specific factual information or a recitation of existing policy. Other
questions or private comments for the City Council or Staff should be directed to that individual
immediately following the meeting.
VI.ADJOURNMENT
Page 2 City of University Park Printed on 6/12/2015
June 16, 2015City Council Meeting Agenda
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened
into Closed Executive Session for the purpose of seeking confidential legal advice from the City
Attorney on any Agenda items listed herein.
CERTIFICATE:
I, Christine Green, City Secretary, do hereby certify that a copy of this Agenda was posted on the City
Hall bulletin board, a place convenient and readily accessible to the general public at all times, and on
the City's website, www.uptexas.org, in compliance with Chapter 551, Texas Government Code.
DATE OF POSTING:____________________________
TIME OF POSTING:_____________________________
________________________________
Christine Green, City Secretary
Page 3 City of University Park Printed on 6/12/2015
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
6/16/2015Agenda
TO:Honorable Mayor and City Council
FROM:Christine Green, City Secretary
SUBJECT:Minutes of the June 2, 2015 City Council Meeting
Minutes of the June 2, 2015City Council Meeting are included for the Council’s review.
City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes
City Council
5:00 PM Council ChamberTuesday, June 2, 2015
PRE-MEETING WORK SESSION(S)
4:00 - 4:30 P.M. The City Council met in open work session to receive a briefing from
Director of Parks Gerry Bradley regarding: (1) Holmes Aquatic Center building; and (2)
landscaping on Preston Road between McFarlin and Windsor. No action was taken. Council
Conference Room, 2nd floor, City Hall.
4:30 - 5:00 P.M. The City Council met in open work session to receive agenda item briefings
from staff. No action was taken. Council Conference Room, 2nd floor, City Hall.
CALL TO ORDERI.
Councilmember Dawn Moore, Councilmember Taylor Armstrong, Mayor
Olin Lane and Councilmember Tommy Stewart
Present:4 -
Councilmember Bob BegertExcused:1 -
INVOCATION: City Manager Robbie CorderA.
PLEDGE OF ALLEGIANCE: City Manager Robbie Corder / Boy ScoutsB.
Boy Scout Oliver Steinberg of Troop 838 was present as part of earning his
Citizenship in the Community merit badge. He assisted City Manager
Robbie Corder and the City Council in leading the Pledge of Allegiance.
INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.C.
INTRODUCTION OF STAFF: City Manager Robbie CorderD.
Staff in attendance included Community Information Officer Steve Mace,
Director of Information Services Dale Harwell, Chief of Police Greg Spradlin,
Director of Public Works Bud Smallwood, City Secretary Christine Green,
Communications Specialist/Deputy City Secretary Amanda Hartwick, Deputy
Director of Public Works Jacob Speer, Director of Human Resources Luanne
Hanford, Fire Chief Randy Howell, Director of Parks Gerry Bradley, Library
Director Sharon Martin, and Community Development Director Pat Baugh.
AWARDS AND RECOGNITIONII.
None
Page 1City of University Park
June 2, 2015City Council Meeting Minutes
CONSENT AGENDAIII.
15-354 Consider approval of HPHS Highlander Band's 2nd March-a-thon
Fundraiser request.
City Manager Robbie Corder said that this is a request from the Highland
Park High School Highlander Band Boosters (HBB) to conduct a
March-a-thon Fundraiser through the city on Saturday, August 15, 2015 from
9:30 am to 11:00 am.
Staff recommends approval of the request provided that the band follows the
approved parade route and hires two off-duty police officers to drive
University Park Police vehicles leading and trailing the band to ensure
safety.
This request was approved.
15-359 Consider a proposal to relocate aquatic life from Williams Park pond.
The city manager said that this is a contract with Integrated Environmental
Solutions (IES) to relocate aquatic life from the Williams Park pond to the
Curtis Park pond as required by the state in connection with the McFarlin
Bridge and silt remoal project. The City contracted with IES in February to
develop this fish relocation plan. The plan was approved by the Texas
Department of Parks and Wildlife. The contract amount is $9,500.
This proposal was approved
15-360 Consider approval of the minutes of the May 19, 2015 City Council
meeting, with or without corrections.
The minutes were approved.
Approval of the Consent Agenda
A motion was made by Mayor Pro Tem Stewart, seconded by Councilmember
Armstrong, to approve the Consent Agenda. The motion carried by the
following vote:
Aye:Councilmember Moore, Councilmember Armstrong, Mayor Lane, and
Councilmember Stewart
4 -
MAIN AGENDAIV.
Page 2City of University Park
June 2, 2015City Council Meeting Minutes
15-355 Consider an ordinance abandoning certain excess street right-of-way.
City Manager Corder said that this is a request to abandon a small piece of
right-of-way along the Turtle Creek Blvd. frontage of the property at 3701
Stanford. This is a small abandonment of 55.5 square feet. The property
owner would like to construct a gate for his fence and requires a very small
corner-clip of right-of-way to accommodate it. In lieu of an appraisal for this
property, the City is using its most recent appraisal of $102 per square foot
from the Lovers 52 project. This comes out to a total value of $5,661.
A motion was made by Councilmember Taylor Armstrong, seconded by Mayor
Pro Tem Tommy Stewart, to adopt this ordinance. The motion carried by the
following vote:
Aye:Councilmember Moore, Councilmember Stewart, Councilmember
Armstrong, and Mayor Lane
4 -
Enactment No: ORD No. 15/012
15-356 Consider an ordinance designating valet parking along SMU Blvd.
City Manager Corder said that this is an ordinance to establish valet parking
only in the recessed parking area on the north side of the 2900 block of SMU
Blvd. This recessed area was constructed by the George Bush Presidential
Center (GWBPC) for valet parking. Since its construction, the recess has
been frequently used by drivers other than valet. This ordinance will reserve
the space for valet parking only.
A motion was made by Councilmember Dawn Moore, seconded by
Councilmember Taylor Armstrong, to adopt this ordinance. The motion carried
by the following vote:
Aye:Councilmember Moore, Councilmember Stewart, Councilmember
Armstrong, and Mayor Lane
4 -
Enactment No: ORD No. 15/013
15-357 Consider an ordinance amending the Residential Parking District for
the 3000 block of Rosedale.
The city manager said that this ordinance will amend the existing residential
parking district (RPD) along the 3000 block of Rosedale. The amendment
was requested by residents in the neighborhood to extend the RPD hours of
8:00 a.m. to 5:00 p.m. from five days to seven days a week. Staff
conducted a survey of the block, and eighty-one (81%) percent of the
residents favored the change.
A motion was made by Mayor Pro Tem Stewart, seconded by Councilmember
Armstrong, that this ordinance be adopted. The motion carried by the following
vote:
Aye:Councilmember Moore, Councilmember Stewart, Councilmember
Armstrong, and Mayor Lane
4 -
Enactment No: ORD No. 15/014
Page 3City of University Park
June 2, 2015City Council Meeting Minutes
15-358 Consider an ordinance designating No Parking along the perimeter of
Byrd Park.
The city manager said that this ordinance will establish no parking around
Byrd Park. Byrd Park is the small median park next to Goar Park. Staff has
received a number of driver complaints about limited sight distance caused
by parked vehicles around Byrd Park.
A motion was made by Councilmember Taylor Armstrong, seconded by Mayor
Pro Tem Tommy Stewart, to adopt this ordinance. The motion carried by the
following vote:
Aye:Councilmember Moore, Councilmember Stewart, Councilmember
Armstrong, and Mayor Lane
4 -
Enactment No: ORD No. 15/015
PUBLIC COMMENTSV.
There were no speakers.
ADJOURNMENTVI.
CERTIFICATE:
I, Christine Green, City Secretary, do hereby certify that a copy of this Agenda was posted on
the City Hall bulletin board, a place convenient and readily accessible to the general public at
all times, and on the City's website, www.uptexas.org, in compliance with Chapter 551, Texas
Government Code.
DATE OF POSTING:____________________________
TIME OF POSTING:_____________________________
________________________________
Christine Green, City Secretary
Page 4City of University Park
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
6/16/2015Agenda
TO:Honorable Mayor and City Council
FROM:Greg Spradlin, Chief of Police
SUBJECT:Purchase of Individual Body Cameras for PoliceOfficers
BACKGROUND:
In March 2012, staff purchased a handful of body cameras for use by patrol officers.
Those cameras were shared by officers but they have presently reached the end of their
functionality. Repairs occur frequently and replacement parts are becoming difficult to
obtain.
During the budget process last year, staff drafted a plan to expand the body camera
program and purchase a body camera for each officer assigned to patrol duties. Staff
viewed demonstrations from several vendors. Bidswere taken from three vendors as
follows:
Watch Guard $27, 210
Taser International $30, 831
L-3 Mobile-Vision $15,351
Staff has determined that L-3 Mobile Vision fits the needs of the department better than
the others. L-3 Mobile-Vision offers a body camera that is the most cost effective and
will integrate seamlessly with our current in-car camera equipment. Because we have
purchased the software package for our in-car video cameras, there is no additional
software costs associated with the L-3 product.
RECOMMENDATION:
Staff recommends approval of the purchase of 30 body cameras through L-3 Mobile
Vision for $15,351. This pricing is based on the HGAC purchasing contract which
satisfies competitive bidding requirements.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
6/16/2015Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:DCPCMUD –AGREEMENT FOR SAMPLING & ANALYSES
BACKGROUND:
The City and the Dallas County Park Cities Municipal Utilities District (MUD) are parties
to an agreement, dated March 4th, 2004, under whichthe MUD provides water to the
City. The water delivered to the City and the Town meets all Safe Drinking Water Act
guidelines, however, the City is required by State and Federal regulatory standards to
perform certain sampling, laboratory analyses, and reporting of data in providing water
within its distribution system to its residents. Since the MUD has facilities to provide all
of the requisite sampling and analyses, staff requested that the MUD develop an
agreement to provide those services for the City. The cost and convenience of utilizing
MUD resources is very beneficial to the City. The schedule attached to the agreement
details costs for sampling and each type of laboratory function. Highland Park will be
presenting a similar agreement to the Town Council.
RECOMMENDATION:
Staff recommends City Council approval of the contract with the Dallas County Park
Cities Municipal Utilities District to provide sampling and laboratory analyses services.
COMPLIANCE AGREEMENT 1
2053128v1
00458.001
AGREEMENT FOR COMPLIANCE WITH REGULATORY
WATER QUALITY STANDARDS
This Agreement for compliance with Regulatory Water Quality Standards (“Compliance
Agreement”) is by and between Dallas County Park Cities Municipal Utility District (“District”),
a governmental agency and body politic created as a water conservation and reclamation district
pursuant to Article XVI, Section 59 of the Constitution of the State of Texas and the City of
University Park, a Texas municipal corporation (“City”).
WHEREAS, the District is organized pursuant to Chapter 49 and 54 of the Texas Water
Code for the principal purpose of providing water for the areas included within in the District,
the boundaries of which are concurrent with the City and the Town of Highland Park, Texas; and
WHEREAS, the District and the City are parties to an Agreement Regarding Water
Operations and Delivery of Water (“Water Delivery Agreement”) dated March 2, 2004 under the
terms of which the District provides water to the City for distribution to its citizens; and
WHEREAS, as part of its compliance with regulatory waterquality standards, the City is
required to perform certain sampling, laboratory analyses, and reporting of data in connection
with the City’s distribution of water to its citizens and its distribution system; and
WHEREAS, the District has all necessary testing equipment and apparatus necessary to
achieve the sampling,analysis and reporting needed to assure compliance with all regulatory
water quality standards; and
WHEREAS, the City and the District desire to enter into this Agreement for the purpose
of the District’s provision of sampling, analysis and reporting services necessary for the City’s
COMPLIANCE AGREEMENT 2
2053128v1
00458.001
compliance with all Regulatory Water Quality Standards in connection with the City’s
distribution of water to its citizens and its distribution system.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein,
the City and the District agree as follows:
1.Assistance with Regulatory Compliance. In an effort to assure compliance with all
regulatory water quality standards, the District shall provide to the City all required
sampling, laboratory analyses, and reporting,as specifically described on Schedule 1
attached hereto, in connection with the City’s distribution of water to its citizens and its
distribution system. The District shall provide all of the equipment and apparatus needed
to conduct such sampling analysis and reporting. All information obtained by the District
in connection with these operations shall be shared immediately with the City.
2.City’s Responsibilities. The City shall provide all access and cooperation needed by the
District to perform its services as set forth in Paragraph 1.
3.Effect on Water Delivery Agreement. This Compliance Agreement does not change or
amend the validity or effectiveness of the Water Delivery Agreement as it currently exists
between the District and the City. Such agreement remains in full force and effect in
accordance with its specific terms.
4.Consideration for Compliance Services Under Paragraph 1. The City shall pay the
District for services provided under this agreement, based on the report of expenditures
prepared by the District and provided to the City for payment (the “District’s Invoice”).
Payment as specified in the District’s Invoice will be due and payable 30 days after the
COMPLIANCE AGREEMENT 3
2053128v1
00458.001
City’s receipt of the District’s Invoice. The District’s Invoice for normal and customary
expenses in providing these services will be submitted and paid annually, unless
otherwise agreed to by the parties in writing.
5.Term of Termination. This Compliance Agreement shall have a term concurrent with the
Water Delivery Agreement, provided that it may be terminated by either party after
delivery of ninety (90) days prior written notice.
6.Miscellaneous.
a.Should any portion of this Compliance Agreement be determined or declared to
be invalid, illegal or unenforceable for any reason, the remaining portions hereof
shall remain in full force and effect as though the invalid, illegal, or unenforceable
potions were not contained herein.
b.Any amendment, alteration, deletion or waiver of any provision of this Agreement
shall be valid only when expressed in writing by both the District and the City.
c.Any notice required to be given to the District under the provisions of this
Agreement shall be given to the Districtby hand delivery or mail to:
“General Manager
Dallas County Park Cities Municipal Utility District
1811 Regal Row
Dallas, Texas 75235”
COMPLIANCE AGREEMENT 4
2053128v1
00458.001
d.Any notice required to be given to the City under the provisions of this
Agreement shall be given to the City by hand delivery or by mail to:
“City Manager
City of University Park
3800 University Blvd.
University Park, Texas 75205-1711”
e.The words used herein shall be given their common meaning except where a
different meaning is required by this Agreement, by the Texas Water Code, or by
other applicable law.
f.The parties agree that neither of them shall be in default of this Agreement for any
failure to perform or delay in performance caused by an act of God, civil or
military authority, war, fire, labor strikes or other causes beyond its reasonable
control.
g.The parties agree that any waiver of a breach or default under this Agreement
shall not constitute a waiver for any subsequent breach or default. The parties
agree that no failure or delay to exercise any right, power, or privilege under this
Agreement on the part of either party shall operate as a waiver of any right,
power, or privilege under this Agreement. Furthermore, no single or partial
exercise of any right, power or privilege under this Agreement shall preclude
further exercise of the right, power, or privilege.
h.The effective start date of this agreement is October 1, 2015.
COMPLIANCE AGREEMENT 5
2053128v1
00458.001
In witness whereof, the parties hereto have caused this Compliance Agreement to be
signed by the duly authorized representatives in duplicate originals on this ______day of
__________________, 2015.
DALLAS COUNTY PARK CITIES
MUNICIPAL UTILITY DISTRICT
By:_________________________________
Name: _____________________________
President
Attest:
District Secretary
CITY OF UNIVERSITY PARK, TEXAS
By:_________________________________
Name:______________________________
Mayor
Attest:
City Secretary
October November December January February March April May June July August September Totals Rate Total Cost
2013 2013 2013 2014 2014 2014 2014 2014 2014 2014 2014 2014
Unit 2 milage (in miles)274.5 216.5 294 308.5 288 308.5 256.5 314.5 305 293 298.5 301.5 3459 $0.565 $1,954.34
Total Milage Cost $1,954.34
Sampling Labor (hours)29.25 30.47 31.25 32.5 27.84 31.09 30.32 29.4 30.4 31.49 31.15 30.41 365.57 $26.87 $9,822.87
Total Sample Collection Cost $9,822.87
Sample Type
Chlorine 47 47 48 48 45 48 46 48 46 47 48 47 565 $0.19 $107.35
Bacteriological 25 25 25 25 25 25 25 25 25 25 25 25 300 $6.30 $1,890.00
Construction 18 2 2 0 21 2 4 23 12 6 0 0 90 $5.75 $517.50
Total Sample Processing Cost $2,514.85
On Line Chlorine Meters
CL17 Reagent Kits 3 2 3 2 2 3 4 1 3 3 2 3 31 $46.59 $1,444.29
Total Reagent Cost $1,444.29
Grand Total Sampling Cost $15,736.34
UNIVERSITY PARK LAB SAMPLING
Fiscal Year 2014 Totals
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
6/16/2015Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:PD 33 -LOVERS 52 Sanitary Sewer Replacement
BACKGROUND:
Staff recently reviewed the construction drawings for civil improvements associated withthe
above-referenced project. The developer is paying for the storm sewer, water, sanitary sewer,
and pavement replacement in the two east-west alleys through their project west of the
commercial alley (Lovers-Hyer and Hyer-Grassmere). They will also reconstruct the water and
pavement in the commercial alleysouth from Lovers to Grassmere. The sanitary sewer in the
commercial alley is of sufficient size and capacityand was not necessary to include its
replacementin the project. As part of our review process, we asked staff to televise thesewer
and determine its condition. We found the pipe to be in severely deteriorated condition and would
recommend replacement.Because the developer is replacing the water and pavement in the
subject alley, the most opportune, expeditiousand least costly replacement of the sanitary sewer
is to ask the developer’s contractor to include that work under his contract, with the City paying
the design and replacement costs. I requested that the City Attorney draft an agreement with the
developer forthe work that would include the following:
The developer’s contractor, Rumsey Construction, will replace the sanitary sewer at an
estimated cost of $100,000;
The City will pay the cost of the sanitary sewer replacement, using funds received from
the abandonment of the two alley rights-of-way;
By separate contract in the amount of $3,800, the City will ask the developer’s engineer
to provide construction drawings for the sanitary sewer;
RECOMMENDATION:
Staff recommends City Council approval of a contract between the CityandLangPartnersfor
reconstruction of the sanitary sewer main in the north-south commercial alley west of Preston
Road, south from Lovers Lane to Grassmere.
Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN
CITY OF UNIVERSITY PARKAND LANG PARTNERS
72001
STATE OF TEXAS §
§
COUNTY OF DALLAS §
PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT
BETWEEN CITY OF UNIVERSITY PARKAND
LANG PARTNERS
(SEWER LINE)
This Public Improvement Participation Agreement (“Agreement”) is made by and
between the City of University Park, Texas (the “City”),a Texas home rule municipality,and
Lang Partners,a Texas (the “Developer”) (collectively, City and Developerare
referred to herein as“the Parties”), acting by and through their duly authorized representatives.
R E C I T A L S:
WHEREAS,Developer is the lesseeofthe undeveloped portions of the Property (as
defined below); and
WHEREAS, Developerand/or its successor in title,has previously developed a portion
of the Property,and
WHEREAS, Developer desires to develop the Property in accordance with the
provisions of City’s Development Regulations, the Planned Development District Ordinance,
and other applicable City ordinances, including construction of the Public Improvements; and
WHEREAS, in order to ensure sufficient sanitary sewer capacity for the Property, City
and Developer desire to construct the Public Improvements; and
WHEREAS, City and Developer find it to be to their mutual advantage to enter into this
Agreement regarding City’s participation in the cost of construction of appropriate and necessary
portions of the Public Improvements; and
WHEREAS, Texas Local Government Code §212.071, as amended, authorizes
municipalities to participate in the developer’s costs of construction of public improvements
related to the development of subdivisions within the municipality without compliance with
Chapter 252 of the Texas Local Government Code, as amended;
NOW THEREFORE,in consideration of the premises and the mutual covenants
contained herein and other valuable consideration the sufficiency and receipt of which are hereby
acknowledged, the Parties agree as follows:
Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN
CITY OF UNIVERSITY PARKAND LANG PARTNERS
72001
Article I
Term; Termination
1.1 Term. The term of this Agreement shall commence on the Effective Date and
shall continue until theParties have fully satisfied all terms and conditions of this Agreement
unless sooner terminated as provided herein.
1.2 Termination. ThisAgreement shall be terminated:
(a)upon the mutual written agreement of the Parties; or
(b)if City elects to terminate this Agreement after Developer breaches any of the
terms and conditions of this Agreement and such breach is not cured by
Developer within sixty (60) days after receipt of written notice of the breach by
City as such time may be extended during any event constituting a Force Majeure;
or
(c)on the third(3rd) anniversary of the Effective Date if Completion of Construction
of the Public Improvements has not occurred by that date.
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
“Approved Costs” shall mean the total Public Improvement costs verified and
approved by City.
“Approved Plans” shall mean the plans and specifications for the construction of
the Public Improvements,inclusive of any change orders thereto, as approved by the City
Engineer.
“City Engineer” shall mean the City’sengineer, or designee.
“Commencement of Construction”shall mean that (i) the plans for the Public
Improvements have been prepared and all approvals thereof required by applicable
governmental authorities have been obtained; (ii) all necessary permits for construction
of the Public Improvements pursuant to the respective plans therefore having been issued
by all applicable governmental authorities and (iii) the grading and/or preparation of
right-of-way, or land as applicable, for the construction of Public Improvements has
commenced.
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“Completion of Construction”shall mean: (i) the Public Improvements have been
substantially completed in accordance with the approved plans; and (ii) the Public
Improvements have been accepted by the City Engineer, on behalf of the City, in writing.
“Construction Cost” shall mean solely the cost of laborandmaterials andshall
not include direct or indirect overhead costs of Developer or its contractor(s), state or
local sales or use taxes, real, personal property, or income taxes, fuel, travel, insurance of
any kind or other costs not constituting labor or materials.
“Development Regulations” shall mean collectively (i) City’s Comprehensive
Zoning Ordinance, as amendedby PD-33, and (ii) “Construction Standards” for Public
Improvements of the City, and any regulations and standards adopted in accordance
therewith.
“Effective Date” shall mean the date this Agreementhas been signed by
authorized representatives of all of the Parties.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control
of a party including, without limitation, acts of God or the public enemy, war, terrorist act,
or threat thereof, riot, civil commotion, insurrection, government action or inaction (unless
caused by the intentionally wrongful acts or omissions of the party), fires, earthquake,
tornado, hurricane, explosions, floods, strikes, slowdowns or work stoppages.
“Payment Request” shall mean a written request for payment prepared by or at the
direction of Developer which setsforth the amount of the City Cost Participation to be paid
for the portion of the work completed on construction of the Public Improvements, inclusive
of details of the types and quantities of materials installed and the costs related thereto, labor
costs, and other details and costs customarily appearing on an interim construction draw
request, which request is accompanied by an affidavit of bills paid by all material suppliers
and subcontractors providing work and/or materials in relation to the portion of construction
of the Public Improvements described in the Payment Request.
“Property” shall mean the property described as Lots 9-11 and 18-20, Block 1, and
Lots 7-11 and 18-22, Block 2, Troth and Boswell Subdivision, City of University Park,
DallasCounty, Texas.
“Planned Development Ordinance” shall mean the City of University Park
Ordinance establishing Planned Development No. 33(PD-33), and any amendments thereto.
“Public Improvements” shall meanthe water, storm sewer, sanitary sewerand
pavement replacementimprovements necessary for the development of PD-33 in
accordance with its approved detailedsite plan, plusa sanitary sewer main consisting of
700 linear feet of 8” PVC pipe with concrete manholesin the north/south alleyparallel to
and west of Preston Road, between Lovers Lane and Grassmere.
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Article III
Development
3.1 Construction. Subject to the terms and conditions set forth herein, Developer
agrees to cause the Commencement and the Completion of the Construction of the Public
Improvements as set forth herein in accordance with the Approved Plans.
3.2 Development Approvals Suspended. Developer understands, acknowledges, and
agrees that City shall be under no obligation to accept any application for a final plat relating to
the development ofany portion of the Property for which a final plat has not been approved by
City as of the Effective Date until Completion of Construction of the Public Improvements.
Developer further understands, acknowledges, and agrees that the rights afforded City pursuant
to this Section 3.2 are in addition to any other authority to delay or withhold permits, certificates,
and/or inspections pursuant to the Development Regulations, other City ordinances, or state or
federal law.
3.3 City Cost Participation. City and Developer acknowledge and agree that the
development of the Propertywill require use of the Public Improvements. City has requested,
and Developer agrees, to construct the Public Improvements in accordance with the Approved
Plans in conjunction with the development of the Property. Pursuant to the forgoing request and
agreement, Cityagrees to reimburse to Developer its pro rata portion for construction of a
sanitary sewer main consisting of 700 linear feet of 8” PVC pipe with concrete manholes in the
north/south alley parallel to and west of Preston Road, between Lovers Lane and Grassmere of
the actual Construction Cost of the Public Improvements which Developer pays to its contractor,
Rumsey Construction Company,to construct the Public Improvements, which amount is agreed
not to exceed$100,000.00(“City Cost Participation”). The City will contract with the
Developer’s engineer to provide construction drawings for the sanitary sewer main, estimated to
be $3,800.00.
3.4 Change Orders. All change orders with respect to the design and construction of
the Public Improvements must be approved by the City Engineer subject to the following:
(a)Change Order Increases. City shall not be obligated to increase the
amount of City Cost Participation as the result of any change orders entered into by
Developer with its contractor(s) constructing the Public Improvements unless and until:
(1)Said change order has been reviewed and approved by the City
Engineer;
(2)Developer and the City Engineer have agreed on the portion of the
change order that are related construction of the Public Improvements; and
(3)The change order does not result in the total City Cost
Participation to exceed $100,000.00.
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(b)Change Order Decreases. Change orders relating to the Public
Improvements which result in a decrease in the cost for construction and materials of the
Public Improvements shall concurrently reduce the amount of the City Cost Participation
by the same percentage as the total cost reduction provided in the change order bears to
the original cost for construction and materials of the Public Improvements.
3.5 Payment. Cityagrees topay Developer the City Cost Participationas follows:
(a)Payment Requests. No payment shall be due until Developerhas
delivereda Payment Request to theCity Engineer for review and approval,which
approval shall not be unreasonably withheld, delayed or denied. TheCity Engineer shall
approve or deny the Payment Request not later than ten (10) days after receipt of the
Payment Request. In the event that the City Engineer denies the Payment Request, the
City Engineer shall provide detailed reasons for the denial. If the City Engineer denies a
Payment Request, Developer may submit an amended Payment Request, which shall be
reviewed and considered for payment in the same manner as the original.
(b)Payment Due Date. City agrees to pay Developer all undisputed amounts
set forth in the Payment Request notlater than twenty(20) days after receipt of Payment
Request, and any disputed amounts resolved in favor of Developer not later than ten (10)
days after resolution of such dispute.
(c)Retainage. Notwithstanding paragraph (b), above, City may reduce the
amount of payment due under each Payment Request by an amount equal to five percent
(5.0%) of the City Cost Participation set forth in the Payment Request (“the Retainage”).
City shall not be required to pay the Retainage to Developer until after Completion of
Construction of the Public Improvementsand delivery of anaffidavit that all bills relating
to construction of the Public Improvements has been paid and an agreement indemnifying
City against all claims against City relating to the failure to pay for labor and/or materials
relating to construction of the Public Improvements.
3.6 Maximum Participation. In no case shall the City Cost Participationto the
Public Improvements exceed thirty percent (30%) of the actual Construction Cost of all public
streets,sidewalks, sanitary sewer mains, storm drainage facilities, and water mains associated
with the developmentof the Propertyas required by the Development Regulations (“the
Development Infrastructure”) unless the contracts for construction of the Development
Infrastructure have been procured and entered into in compliance with the applicable competitive
sealed bid procedures set forth in Chapter 252 of the Texas Local Government Code, as
amended. For purposes of determining the limit of City Cost Participation set forth in this
Section 3.6, the cost of Development Infrastructure shall include Construction Costs related to
the development of the Property.
3.7 Performance Bond. Prior to commencement ofconstruction of the Public
Improvements, Developer shall execute a performance bond for the construction of the Public
Improvements to ensure completion of construction of the Public Improvements, which bond
shall be executed with a corporate surety in accordance with Chapter 2253, Texas Government
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Code. Theamount of such performance bond shall be for the Construction Costs related to the
construction of the Public Improvements and shall be on a form approved by City’s City
Attorney.
Article IV
Miscellaneous
4.1 Notice.Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter if sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below (or such other
address as such party may subsequently designate in writing) or on the day actually received if
sent by courier or otherwise hand delivered.
If intended for City, to:
Attn: City Manager
City of University Park, Texas
3800 University Blvd.
University Park, Texas 75205
With a copy to:
Robert L. Dillard III
500 N. Akard
Suite 1800
Dallas, TX 75201
With a copy to Engineer:
City Engineer
City of University Park
3800 University Blvd.
University Park, Texas 75205
If intended for Developer:
Lang Partners
, Texas
4.3 Successors and Assigns.All obligations and covenants of Developer under this
Agreement shall be binding on Developer, its successors and permitted assigns. Developer may
not assign this Agreement without the prior written consent of the City Manager, which will not
be unreasonably withheld.
4.4 Severability. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall be
enforceable and shall be enforced as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
4.5 Governing Law. The Agreement shall be governed by the laws of the State of
Texas, without giving effect to any conflicts of law rule or principle that might result in the
application of the laws of another jurisdiction; and exclusive venue for any action concerning
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this Agreement shall be in the State District Court of DallasCounty, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
4.6 Entire Agreement. This Agreement embodies the complete agreement of the
parties hereto, superseding all oral or written, previous and contemporary agreements between
the parties and relating to the matters in thisAgreement, and except as otherwise provided herein
cannot be modified without written agreement of the parties to be attached to and made a part of
this Agreement.
4.7 Recitals. The recitals to this Agreement are incorporated herein.
4.8 Exhibits. All exhibits to this Agreement are incorporated herein.
4.9 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
4.10 Recordation of Agreement. A copy of this Agreement shall be recorded in the
Real Property Records of DallasCounty, Texas.
4.11 Covenants Run With Property. The provisions of this Agreement are hereby
declared covenants running with the Property and are fully binding on Developer and each and
every subsequent owner of all or any portion of the Property but only during the term of such
party’s ownership thereof (except with respect to defaults that occur during the term of such
person’s ownership). Any person who acquires any right, title, or interest in or to the Property, or
any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this
Agreement with respect to the right, title or interest in such Property.
4.12 Release. Upon Completion of Construction of the Public Improvements,City
agrees toexecute and record in the Real Property Records of DallasCounty, Texas, a release or
other appropriate document acknowledging Developer has satisfied its obligations pursuant to this
Agreement andthe restrictions set forth in this Agreement and, specifically, Section 3.2, above, are
no longer in effect.
(Signature Page to Follow)
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SIGNED AND AGREED this, the ____ day of ____________________ 2015.
CITY OF UNIVERSITY PARK,TEXAS
By:
Robbie Corder, City Manager
ATTEST:
By:
Christine Green, City Secretary
APPROVED AS TO FORM:
By: __________________________________
Robert L. Dillard III, City Attorney
SIGNED AND AGREED this, the ____ day of ____________________ 2015.
LANGPARTNERS
By:_______________________________________
, President and Managing Member
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City Acknowledgment
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Acknowledged before me, the undersigned authority this ___ day of
_____________________, 2015, by Robbie Corder, City Manager, City of University Park, a Texas
home rule municipality, for and on behalf of said municipality.
____________________________________
Notary Public, State of Texas
Commission Expires:___________________
Developer Acknowledgment
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Acknowledged before me, the undersigned authority this ___ day of
_____________________ 2015, by__________________l, President and Managing Member,
Lang Partners,a Texas _____________________, for and on behalf of said company.
____________________________________
Notary Public, State of Texas
Commission Expires:___________________
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F805D41F\@BCL@F805D41F.docx 3:43 PM 06/12/15
AGENDA MEMO
6/16/2015Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:LOVERS 52 –Sanitary Sewer Design
BACKGROUND:
A follow up to an earlier item on the Council agenda, Staff solicited a proposal
from Cates-Clark & Associates to develop construction drawings for replacement
of the sanitary sewer in the commercial alley west of Preston Road, between
Lovers Lane and Grassmere. The design and construction of the sewer are the
City’s responsibility in concert with the LangPartners development of the Lovers
52 (PD-33) complex. The proposal, in the amount of $3,730, would be funded
from funds received from the developer ($470,809.05) for the City’s
abandonment of the two east-west alleys through their development.
RECOMMENDATION:
Staff recommends City Council approval of the contract with the Cates-Clark &
Associates, in the amount of $3,730, for design of the above-referenced sanitary
sewer.