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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 l9 Ma x Di l l a r d Fa m i l y Th e ce r t i f i c a t e is pr e s e n t e d on Ju n e 16 , 20 1 5 to th e Ma x Di l l a r d Fa m i l y in ap p r e c i a t i o n fo r yo u r ge n e r o u s do n a t i o n of tr e e s fo r Ca r u t h Pa r k . Your gift of shade an d na t u r a l be a u t y su p p o r t s th e Ci t y ' s on g o i n g re f o r e s t a t i o n ef f o r t s an d wi l l tr u l y pr o v i d e ou r co m m u n i t y wi t h th e be n e f i t s of he a l t h an d we l l - b e i n g fo r ye a r s to co m e . On beha l f of th e re s i d e n t s of Un i v e r s i t y Pa r k an d th e me m b e r s of th e Ci t y Co u n c i l , th a n k yo u . Ot M · ~ , ~ - Oi i n La n e Jr . Ma y o r 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C0056853\@BCL@C0056853.docx 12:03 PM 06/11/15 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 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@7805739B\@BCL@7805739B.docx 12:05 PM 06/10/15 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 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@98050778\@BCL@98050778.docx 11:13 AM 06/11/15 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 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F8052727\@BCL@F8052727.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: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. Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN CITY OF UNIVERSITY PARKAND LANG PARTNERS 72001 “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. Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN CITY OF UNIVERSITY PARKAND LANG PARTNERS 72001 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. Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN CITY OF UNIVERSITY PARKAND LANG PARTNERS 72001 (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 Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN CITY OF UNIVERSITY PARKAND LANG PARTNERS 72001 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 Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN CITY OF UNIVERSITY PARKAND LANG PARTNERS 72001 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) Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN CITY OF UNIVERSITY PARKAND LANG PARTNERS 72001 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 Page Solo EXHIBIT “B”TO PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT BETWEEN CITY OF UNIVERSITY PARKAND LANG PARTNERS 72001 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.