HomeMy WebLinkAboutAgenda 06-06-06 NAMES AND TABSA G E N D A
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, JUNE 6, 2006 AT 5:00 P.M.
3:00-4:00 P.M. EXECUTIVE SESSION: TO RECEIVE LEGAL ADVICE FROM
CITY ATTORNEY UNDER SECTION 551.071 UNDER TEXAS
GOVERNMENT CODE
4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW
I.INVOCATION
– Fire Chief David Ledbetter
II.PLEDGE OF ALLEGIANCE –
Fire Chief David Ledbetter
III.INTRODUCTION OF COUNCIL
– Mayor James H. Holmes, III
IV.INTRODUCTION OF STAFF
– City Manager Bob Livingston
V.AWARDS AND RECOGNITION
PRESENTATION: City of University Park as a Tree City USA recipient
presented by the State Forest Service – Bradley Tab I
PROCLAMATION: Recognizing University Park Public Library’s fifth birthday –
Tab II
SPECIAL PRESENTATION: Proclamation by DART in appreciation of City’s
cooperation during past ten years of light rail service
RETIREMENT: Police Sergeant Bill Hawkins
RECOGNITION: Promotion of Sergeants
VI.CONSENT AGENDA
A.REVIEW: Quarterly financial reports and investment report – Austin Tab III
B.CONSIDER: Resolution authorizing CAPP to negotiate an electricity supply
contract for the City for 2007 – Austin Tab IV
C.CONSIDER: Proposal from Moran & Murphy Architects, Inc. to provide
architectural services associated with the design improvements to the Peek
Service Center – Smallwood Tab V
D.CONSIDER: Approval of City Council Meeting Minutes for May 23, 2006 –
Wilson VI
VII.MAIN AGENDA
A.CONSIDER: Setting date for delivery of finalized study of initial report
regarding feasibility study of TXU 138 kV transmission line – Corder Tab VII
B.CONSIDER: Lease agreement with Metro PCS to install cellular equipment
at the NW Hwy water tower – Speer Tab VIII
C.RECEIVE: FY 2005 Comprehensive Annual Financial Report and auditor
Management Letter Comments – Austin Tab IX
D.CONSIDER: Ordinance amending FY2006 Budget – Austin Tab X
E.CONSIDER: Ordinance to abandon right-of-way at Armstrong and Potomac
– Smallwood Tab XI
F.CONSIDER: Authorization of construction contract based on bids received
for water and sanitary sewer replacement for 4100-4300 blocks of
Shenandoah/Stanhope alleys – Smallwood Tab XII
VIII.ITEMS FROM THE FLOOR
Anyone wishing to address an item not on the Agenda or having questions about
items on the Consent Agenda should do so at this time. Questions and comments
regarding Main Agenda items may be made when that item is addressed by the
City Council.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened
into Closed Executive Session for the purpose of seeking confidential legal advice from the City
Attorney on any agenda items listed herein.
AGENDA MEMO
(06/06/2006 AGENDA)
DATE:
May 30, 2006
TO:
Honorable Mayor and Members of the City Council
FROM:
Gerry Bradley, Director of Parks
SUBJECT: Tree City USA - Recognition
BACKGROUND:
During the June 6, 2006 Council meeting, Matt Grubisich with the Texas Forest
Service will present City Council with a plaque recognizing the City of University
Park as a “Tree City USA” recipient.
RECOMMENDATION:
None
ATTACHMENTS:
None
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree City USA – City Council June 6,, 2006 5:23 PM 06/01/06
In honor of University Park Public Library’s
5 Birthday
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WHEREAS,
The University Park Public Library opened its doors to the public in June
2001; and
WHEREAS,
Since that date, the library has steadily increased its catalog of items to more
than 58,000 items, while increasing the facility’s hours of operation to 41 hours a week;
and
WHEREAS,
Since that date, the popularity of the library has continued to grow as
demonstrated by its list of library card holders that now totals nearly 3,400 people,
including 600 children; and
WHEREAS,
A paid, part-time professional librarian leads a staff of seven who are ably
assisted by more than 165 volunteers who work hundreds of hours a year to keep the
library’s expenses low;
NOW, THEREFORE, LET IT BE PROCLAIMED
that I, James H. Holmes, III, Mayor
of the City of University Park, do hereby congratulate the “Friends of the University Park
Public Library” and all others who have played a role in this achievement;
IN WITNESS WHEREOF,
I hereunto set my hand and cause the seal of the City of
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University Park be affixed this 6 day of June 2006.
James H. Holmes, III
Mayor
AGENDA MEMO
(06/06/2006 AGENDA)
DATE: June 1, 2006
TO: Honorable Mayor and City Council
FROM: Kent R. Austin, Director of Finance
SUBJECT: Financial and quarterly investments review –April 2006
Background/Analysis
Included on the June 6 Council agenda is a review of the January-March 2006 quarter City
investment reports and the April 2006 (FY2006 year-to-date) financial report. The reports
are attached and will be reviewed at the meeting.
Recommendation
Staff recommends that the City Council review and accept the financial reports of April 2006
and the quarterly investment reports as of March 31, 2006.
Attachments:
?Financial reports with commentary, April 30, 2006
?January-March 2006 City investments report
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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06.doc 10:09 AM 06/02/06
AGENDA MEMO
(06-06-06 AGENDA)
DATE:
May 11, 2006
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider proposal from Moran & Murphy Architects, Inc. to provide
architectural services associated with the design improvements to the
Peek Service Center.
Background.
The City Hall project will require certain staff to vacate their offices during the
renovation of the existing building. After considerable discussion, the most efficient use of
facilities would be to temporarily relocate the Police Department, including Dispatch
Services, to the Peek Service Center. Additionally, the Police Chief and Fire Chief have
requested the construction of a permanent backup dispatch center so we would remain
operational in the case of a catastrophic event at City Hall. To that end, staff solicited a
proposal from Moran & Murphy Architects (designers of the Peek Center) to provide
professional services in designing the proposed improvements. We have held several
meetings with key staff and the architect to develop a scope of work on which the attached
scope of work is based.
The proposed schedule will allow the construction of the dispatch center to be placed into
operation about four or five months in advance of the temporary relocation (July-August,
2007) to allow for testing of the equipment. As a side note, the proposed facilities planned
for temporary relocation of the Police Department will be designed and constructed to
accommodate Emergency Operations Center functions after the police move back to City
Hall.
Recommendation.
Staff recommends City Council approval of the approval of the
proposal from Moran & Murphy Architects, Inc. in the amount of $31,700.
moran & murphy architects, inc.
ARCHITECTURE / INTERIORS / PLANNING
May 8, 2006
Gene R. “Bud” Smallwood, P.E.
CITY OF UNIVERSITY PARK
Director of Public Works
3800 Univeristy Blvd.
Univeristy Park, Texas 75205-1711
Re: Fred N. Peek Service Center Via: Hand Delivery
Bud:
We are pleased to provide you with this proposal for architectural and engineering
services for modifications within the Fred N. Peek Services Center.
SCOPE OF WORK
Finish-out of approximately 1,600 sq.ft. on the ground floor for emergency
services dispatch (dispatch to operate full time for approximately one year, will
continue in operation as a back-up facility).
Finish-out of approximately 1,000 sq.ft. on the ground floor for a permanent
emergency operation center to be used on a one year temporary basis for the
Investigation Division of the City of University Park Police Department.
Finish-out of approximately 1,500 sq.ft. on the ground floor for facilities
maintenance work shop.
Finish-out of approximately 2,800 sq.ft. on the second floor, divided over two
areas, temporary offices for the City of University Park Police Department.
SCOPE OF SERVICES
Moran & Murphy Architects, Inc. shall provide those services as defined in the
AIA Standard Form of Agreement Between Owner & Architect. Services include
architectural, mechanical, electrical, and plumbing engineering.
4501 Swiss Avenue Dallas, Texas 75204 Tel (214) 841-4507 Fax (214) 841-4502
kmoran@moranmurphy.com
FRED N. PEEK SERVICE CENTER
PROPOSAL
May 8, 2006
COMPENSATION
Compensation for architectural, mechanical, electrical, and plumbing engineering
services shall be on a fixed fee as follows:
Architectural
Programming, Inventory 1,500.00
Schematic Design 5,000.00
Construction Documents 9,500.00
Bidding 2,500.00
Construction Administration 5,700.00
Total Architectural Services 24,200.00
7,500.00
Mechanical, Electrical, Plumbing Services
TOTAL COMPENSATION 31,700.00
Reimbursable expenses incurred by the Architect and his Consultants in the interest
of the Project are in addition to Compensation at cost plus ten percent (10%) and
include the following:
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Plotting/Printing/Reproductions
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In-House Plotting/Printing/Reproductions
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Long Distance Communication
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Photos
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Postage/Delivery
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Travel
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Governmental Filing Fees
We appreciate this opportunity to work with you once again. If you have any
questions, please do not hesitate to call.
Sincerely,
Kevin Moran, AIA
KM:jm
4501 Swiss Avenue Dallas, Texas 75204 Tel (214) 841-4507 Fax (214) 841-4502
kmoran@moranmurphy.com
MINUTES
#2611
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, MAY 23, 2006, 5:00 P.M.
Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Jim Roberts and
Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Also in attendance were City
Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson.
AWARDS AND RECOGNITION
DEPARTMENT PINS: Animal Control Officer Launa Patton, 10 years and Gardener II
Augustin Chavez, Park Department, 10 years for a total of 20 years of service to the City of
University Park.
Mayor Pro Tem Roberts moved approval of the Consent Agenda. Councilmember Carter
seconded and the vote was unanimous to approve the following:
CONSENT AGENDA
REVIEW FIRST QUARTER STRATEGIC GOAL UPDATE: On December 14, 2004, the City
Council adopted six strategic goals and objectives. Upon adoption of the goals, a responsibility
chart was created to track the progress. The objectives completed are: Develop a plan to
recognize model citizens in our community; install attractive uniform signs in each park that give
park history, regulations, and hours; evaluate the need for a specific position on City staff to
manage Web site and cable channel content, handle media contacts, community relations, and
produce publications and, lastly, consider citywide program for sidewalk maintenance.
Objectives In Progress include: Develop traffic and parking improvements; communicate traffic
realities; develop a Master Plan for Snider Plaza and Miracle Mile areas; develop a New
Resident Orientation program; identify initiatives based on recommendations from the Park
Advisory Committee; develop a unified design and standards for entrances to the City; assess the
effectiveness of current communication methods and make recommendations for improvements;
conduct study on improving restrooms in the parks and, lastly, implement customer service/work
order system (3-1-1 project). Objectives which have not been started: Study feasibility of
undergrounding Lovers Lane in Miracle Mile.
DISCLOSURE REGARDING VENDING MACHINE CONTRACT: Schneider Vending will
replace vending machines at three city facilities, City Hall, the Peek Center and 2525 University.
The owner/operator, Kevin Schneider, is the husband of Adrienne Schneider, Administrative
Secretary to Fire Chief David Ledbetter. There is no conflict of interest and quotes are not
required because there is no expenditure of city funds. The outgoing vending machine vendor
has been unreliable about keeping the machines filled and a number of complaints from
employees have been received in the last two years about stale food or low stock.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For May 9, 2006.
MAIN AGENDA
CONSIDER SCHEDULING SPECIAL MEETING JUNE 27, 2006 FOR PUBLIC HEARING
REGARDING LEGACY/HILLCREST PLANNED DEVELOPMENT ZONING REQUEST:
The Planning and Zoning Commission held a public hearing at a special called meeting on
March 6, 2006 and considered a concept plan for a total of 290,000 square feet plus four to eight
townhomes. Planning & Zoning requested the applicant address the issues and concerns which
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were raised by residents and to resubmit the item for further consideration at the April 17
meeting. The concept plan was reduced to 260,000 square feet plus four to eight townhomes.
The Planning & Zoning Commission voted unanimously to recommend denial of the Planned
Development zoning request. The applicant has now requested that the item be considered by
City Council. Staff was advised that an amended concept plan for less than 220,000 square feet
plus four to eight townhomes will be submitted by May 26, 2006. In view of the large
neighborhood participation at the Planning & Zoning public hearing, staff proposed that the city
council hearing be held at the Highland Park Middle School Auditorium or other location that
could accommodate a large audience. Mr. Jim Tubb, resident of the city, questioned the mayor
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and council regarding the process since the request had been denied on April 17. The City
Attorney responded that the applicant had a right to ask the City Council to act on its application.
Councilmember Walker moved the date be changed to August 15, 2006 at 5:00 p.m. at the
McCulloch Intermediate School/Highland Park Middle School Auditorium. Councilmember
Shawver seconded, and the vote was unanimous to hold a public hearing on August 15, 2006.
CONSIDER REVISED ORDINANCE FOR PLANNED DEVELOPMENT AMENDMENT
FOR PRESTON ROAD CHURCH OF CHRIST EXPANSION: City Council considered an
ordinance approving the amendment to Planned Development District No. 28 at its regular
meeting on May 9, 2006. After receiving additional input from concerned residents and
representatives of the church, council agreed to add a list of conditions submitted by staff plus
three additional conditions to the ordinance. The final ordinance has now been prepared with all
the conditions incorporated. The Planning and Zoning Commission voted unanimously to
recommend approval with specific conditions. Councilmember Shawver moved approval of the
ordinance. Councilmember Carter seconded, and the vote was unanimous to approve the
Planned Development Amendment for Preston Road Church of Christ expansion.
ORDINANCE NO. 06/09
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK, AS HERETOFORE AMENDED, SO AS TO INCLUDE THE PROPERTY DESCRIBED
AS LOTS 2, 3, AND 4, BLOCK 21, RHEA MILLER’S SUBDIVISION, AN ADDITION TO THE
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ATTACHED IN PLANNED DEVELOPMENT DISTRICT NO.
28; APPROVING A DETAILED SITE PLAN AS EXHIBIT “B” SUBJECT TO SPECIAL
CONDITIONS; 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 THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
CONSIDER SPECIAL JOINT MEETING JULY 20, 2006 WITH THE PLANNING & ZONING
COMMISSION TO REVIEW PROPOSED SNIDER PLAZA MASTER PLAN: On February 1,
2005, the city council approved a contract with Townscape, Inc. to devise a Master Plan for the
Snider Plaza/Hillcrest area. Since last year, Townscape has conducted three rounds of
workshops with Snider Plaza/Hillcrest property owners, merchants, and residents directly
surrounding the area. The first round of stakeholder workshops was held in July 2005. The goal
of this initial meeting was to brainstorm features liked or disliked about the Plaza, and to talk
about a long-term vision. In the second round of meetings held in October 2005, Townscape
took the comments heard in the first meeting and devised several different concepts which were
presented to the groups for feedback. The third round of workshops was held in March 2006. In
this last round of meetings, Townscape presented a Draft Master Plan which incorporated the
feedback received at the two previous workshop sessions. A Community Forum was then held
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on March 23 at Hyer Elementary School. Townscape is currently making revisions to the plan
based on comments heard in March and is in the process of formulating the actual document.
The final product will include a comprehensive list of all actions necessary to implement the plan
in a phased approach and, also, detailed recommendations to amend the Zoning Ordinance as
part of the overall vision for the area. It should be noted that the Zoning Ordinance change
recommendations included in the Master Plan document will come separately before the
Planning & Zoning Commission and the city council for formal adoption at a later date. Staff
asks that the city council consider a joint meeting to promote discussion between the two bodies
so that issues raised can be fully understood by both. This, in turn, should cut down on the
adoption timeline and allow staff to quickly begin work on plan implementation.
Councilmember Carter moved that a joint meeting be held on November 14, 2006 at 2:00 p.m.
Councilmember Shawver seconded, and the vote was unanimous to approve a joint meeting
between the council and the Planning & Zoning Commission at 2:00 p.m. on November 14,
2006.
CONSIDER PARK DEPARTMENT MOWING CONTRACT: In March 2006, the city’s
mowing contractor, Earth Green Landscape, requested a 57% increase in the mowing contract
based on increased labor and fuel costs. This request would have increased the contract amount
from $77,000 to $135,000 per year. The city did not grant the contractor’s request and, on April
6, 2006, the park department terminated the mowing contract based on the contractor’s lack of
performance. The successful low bidder for the annual mowing contract is Greener Pastures
Landscape Management of Dallas for $118,200.54. The city has used Greener Pastures services
in past mowing contracts and is very satisfied with the company’s performance. Councilmember
Roberts moved approval of the contract. Councilmember Walker seconded, and the vote was
unanimous to approve a mowing contract with Greener Pastures.
CONSIDER ORDINANCE ADOPTING AMENDMENTS TO HOME RULE CHARTER: Two
propositions were listed on the ballot for the May 13, 2006 General Municipal Election. The
final tally for those propositions including Early Voting and Election Day are as follows:
Proposition No. 1, For: 95 and Against: 29. Proposition No. 2, For: 97 and Against: 25.
Councilmember Carter moved that the ordinance be approved and new Home Rule Charter
booklets be printed. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve
the ordinance adopting the amendments to the Home Rule Charter.
ORDINANCE NO. 06/11
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING
AMENDMENTS TO THE HOME RULE CHARTER, APPROVED BY THE VOTERS OF
THE CITY OF UNIVERSITY PARK AT AN ELECTION HELD ON MAY 13, 2006; AND
PROVIDING FOR AN EFFECTIVE DATE.
CONSIDER RESOLUTION TO CANVASS RETURNS AND DECLARATION OF RESULTS
OF GENERAL MUNICIPAL ELECTION OF MAY 13, 2006: On May 13, 2006, an election
was held to elect a mayor, four city councilmembers and to approve two charter amendments.
All candidates were unopposed. Councilmember Walker moved approval of the resolution.
Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the resolution to
canvass the returns and the declaration of results of the May 13, 2006 election.
RESOLUTION NO. 06-08
CANVASS OF RETURNS AND DECLARATION OF RESULTS OF AN ELECTION HELD
IN THE CITY OF UNIVERSITY PARK, TEXAS, ON MAY 13, 2006 FOR THE ELECTION
OF CITY OFFICIALS FOR THE CITY OF UNIVERSITY PARK, TEXAS.
There being no further business, Mayor Holmes moved that the meeting be adjourned
and council proceed with the inauguration ceremony and reception.
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PASSED AND APPROVED this 6 of June 2006.
James H. Holmes III, Mayor
ATTEST:
____
Nina Wilson, City Secretary
AGENDA MEMO
(6/6/06 AGENDA)
DATE:
June 2, 2006
TO:
Honorable Mayor and Council
FROM:
Robbie Corder, Assistant to the Director of Public Works
SUBJECT:
TXU Transmission Line Feasibility Study: Special Meeting June 27
ITEM:
The City’s consulting engineer (Sega) hired to perform an underground utility feasibility study
is in the process of completing the final report. Representatives from Sega are unavailable to
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attend the regularly scheduled City Council meeting on June 20; therefore, staff requests
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Council to set a special meeting on Tuesday, June 27 to have the representatives from Sega
formally present the results of the study to Council and general public.
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The initial date of the formal presentation was set for June 6; however, after visiting with staff
and members of the Steering Committee, more time was necessary to make recommended
changes to the report.
RECOMMENDATION:
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Staff recommends setting a special meeting on June 27, starting at 5:00 in the Council
PM
Chambers of City Hall to receive the formal presentation of the underground feasibility report
from Sega.
ATTACHMENTS:
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
(06/06/06 AGENDA)
DATE:
June 1, 2006
TO:
Honorable Mayor and City Council
FROM:
Jacob Speer, Assistant Director of Public Works
SUBJECT:
Lease Agreement with Metro PCS for the Installation of Cellular Equipment
at the Northwest Highway Water Tower Site
ITEM:
Representatives of Metro PCS, a wireless communications provider, approached the City
about the possibility of locating cellular antennae and the associated equipment on and
around the water tower in the 3500 block of Northwest Parkway. Staff reviewed and
modified the proposed lease agreement and construction plans.
Staff’s primary concerns with the proposal were the aesthetics associated with the antennas
and ground equipment, the structural integrity of the tower, and the City’s ability to have
unencumbered use and access of the site for operation and maintenance purposes. The
flush-mount antenna panels can be painted to match the tower and are relatively
unobtrusive. Staff requested that a brick wall be constructed to shield the cellular ground
equipment from view at the base of the tower. Staff also required the provider to obtain
approval of the structural aspects of the installation from the company that built the water
tower. Staff also added language to the lease agreement which we feel will allow the City
to continue to use and maintain the site as needed without interference by the cellular
equipment.
The primary components of the lease agreement are as follows:
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Term: 5 years
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Renewal: 4 additional 5-year terms
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Rent: $2,000 per month with a 3% annual escalator
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Lease Area: 10’ x 12’ area for equipment and 6 antennas on the tower pedestal
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Termination: Upon 90 days written notice by either party
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Insurance: $4 million of commercial general liability (cost to replace tower)
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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The provisions of this lease are comparable to those of the cellular providers utilizing the
City Hall site. Staff is satisfied with the provisions of this proposed lease agreement and
construction plan. However, Staff does not feel that the site can accommodate additional
carriers in the future. Photos of a similar tower with multiple carriers are attached. The
aesthetic issues associated with such a situation are evident in the photos.
RECOMMENDATION:
Staff is satisfied that the proposed lease agreement and construction plan will not negatively
impact the City’s use of the water tower.
ATTACHMENTS:
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Proposed Lease Agreement
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Proposed Construction Drawings
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Letter of approval from Landmark Structures (company that built the tower)
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Photos of similar water tower with multiple cellular carriers
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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SITE LEASE
THIS SITE LEASE (“Lease”) is by and between City of University Park
MetroPCS Texas, LLC
(“Landlord”) and , a Delaware limited liability company
("Tenant").
1. Lease.
(a) During the term of this Lease, Landlord agrees to cooperate with Tenant in
obtaining, at Tenant’s expense, all licenses and permits or authorizations required for
Tenant’s use of the Premises as defined below from all applicable government and/or
regulatory entities (including, without limitation, the Federal Communications
Commission (“FCC”) (the “Governmental Approvals”), and Landlord agrees to cooperate
with and to allow Tenant, at no cost to Landlord, to obtain a title report, and Landlord
expressly grants to Tenant a right to request in advance access to the Property,
accompanied by an authorized Landlord representative, to perform surveys, soil tests, and
other engineering procedures or environmental investigations on the Property, necessary
to determine that Tenant’s use of the Premises will be compatible with Tenant’s
engineering specifications, system design, operations and Government Approvals.
(b) Subject to the following terms and conditions, Landlord hereby leases to
Tenant the use of that portion of the Property sufficient for placement of Antenna
Facilities (as defined below), together with all necessary space and easements for access
and utilities, as generally described and depicted in the attached Exhibit B (collectively
referred to hereinafter as the “Premises”). The Premises, located at 3525 Northwest
Parkway, University Park, Texas 75205, is comprised of approximately one hundred
twenty (120) square feet.
2. Term. Unless terminated as provided herein, the initial term of the Lease shall
be five (5) years from the date of execution by the last party to sign this Lease
(“Effective Date”) until midnight on the last day of the initial term (“Initial Term”).
3. Permitted Use. The Premises may be used by Tenant for, among other things,
the transmission and reception of radio communication signals and for the construction,
installation, operation, maintenance, repair, removal or replacement of related facilities,
tower and base, antennas, microwave dishes, equipment shelters and/or cabinets and
related activities.
4. Rent. Rent will be payable in advance by the Tenant to the City of University
Park at Landlord’s address specified in Section 12 below. If this Lease is terminated at a
time other than on the last day of the term year, Rent shall be prorated as of the date of
termination. All prepaid rent not yet earned as of the date of termination shall be
refunded to Tenant.
(a) Tenant shall pay Landlord rent of Two-Thousand Dollars ($2,000.00) per
month, payable per year in advance, for use of the site
1 Site Name: University/Williams
Site Number: 4426
(b) Rent shall be adjusted annually on the anniversary date of the Effective Date.
Rent shall escalate at a rate of three percent (3%) over the Rent in effect for the
immediately preceding year.
5. Renewal. Unless terminated as provided herein, Tenant shall have the right to
extend this Lease for four (4) additional, five (5) year terms (“Renewal Term”). Each
Renewal Term shall be on the same terms and conditions as set forth herein. This Lease
shall automatically renew for each successive Renewal Term unless either party notifies
the other, in writing, of its intention not to renew this Lease, at least one hundred twenty
(120) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant
shall remain in possession of the Premises at the expiration of this Lease or any Renewal
Term without a written agreement, such tenancy shall be deemed a month-to-month
tenancy under the same terms and conditions of this Lease.
6. Interference. Tenant shall not use the Premises in any way which interferes
with the use of the Property by Landlord, or other lessees or licensees of Landlord with
rights in the Property prior in time to Tenant’s (subject to Tenant’s rights under this
Lease, including, without limitation, non-interference). Similarly, Landlord shall not use,
nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any
portion of the Property in any way which interferes with the operations of Tenant, except
for a reasonable, temporary period for maintenance or improvement of the Tower or
grounds by Landlord or its contractors, such as painting or shrouding for painting, which
may interfere with the cellular operation. Landlord agrees to use its best reasonable
efforts to prevent or minimize any such interference. Any other interference shall be
deemed a material breach by the interfering party, who shall, upon written notice from
the other, be responsible for terminating said interference. In the event any such
interference does not cease promptly, the parties acknowledge that the continuing
interference may cause irreparable injury and, therefore, the injured party shall have the
right, in addition to any other rights that it may have at law or in equity, to bring a court
action to enjoin such interference or to terminate this Lease immediately upon written
notice.
7. Improvements; Utilities; Access.
(a) Tenant shall have the right, at its expense, to erect and maintain on the
Premises improvements, personal property and facilities necessary to operate its
communications system, including, without limitation, radio transmitting and receiving
antennas, microwave dishes, equipment shelters and/or cabinets and related cables and
utility lines (collectively the “Antenna Facilities”). Tenant shall have the right to replace
or upgrade the Antenna Facilities at any time during the term of this Lease, subject to
submission and approval of an amended Exhibit B. Tenant shall cause all construction to
occur lien-free and in compliance with all applicable laws and ordinances. The Antenna
Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to
remove the Antenna Facilities at any time during and upon termination of this Lease.
2 Site Name: University/Williams
Site Number: 4426
(b) Tenant, at its expense, may restrictaccess to the Antenna Facilities with the
construction of a wall, as described and depicted in the attached Exhibit B.
(c) Tenant shall, at Tenant’s expense, keep and maintain the Antenna Facilities
now or hereafter located on the Property in commercially reasonable condition and repair
during the term of this Lease, normal wear and tear and casualty excepted. Upon
termination or expiration of this Lease, the Premises shall be returned to Landlord in
good, usable condition, normal wear and tear and casualty excepted.
(d) Tenant shall have the right to install utilities, at Tenant’s expense, and to
improve the present utilities on the Property (including, but not limited to, the installation
of emergency power generators). Tenant shall install separate meters for utilities used on
the Property. Tenant shall have the right to install necessary conduit and sleeving from
the roof to the point of connection within the Building.
(e) As partial consideration for Rent paid under this Lease, Landlord hereby
grants Tenant an easement in, under and across the Property for ingress, egress, utilities
and access (including access for the purposes described in Section 1) to the Premises
adequate to install and maintain utilities, which include, but are not limited to, the
installation of power and telephone service cable, and to service the Premises and the
Antenna Facilities at all times during the Initial Term of this Lease or any Renewal Term
(collectively, “Easement”). The Easement provided hereunder shall have the same term
as this Lease.
(f) Upon reasonable notification to the Landlord through a designated
representative, Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises
and its outside equipment at all times during the Initial Term of this Lease and any
Renewal Term, provided the Tenant’s agent or employee must be accompanied by a
designated employee of Landlord if access to the pedestal of the Tower is necessary.
8. Termination. Except as otherwise provided herein, this Lease may be
terminated, without any penalty or further liability as follows:
(a) upon thirty (30) days written notice by Landlord if Tenant fails to cure a
default for payment of amounts due under this Lease within that thirty (30) day period;
(b) upon thirty (30) days written notice by either party if the other party commits
a non-monetary default and fails to cure or commence curing such default within that
thirty (30) day period, or such longer period as may be required to diligently complete a
cure commenced within that thirty (30) day period;
(c) immediately if Tenant notifies Landlord of unacceptable results of any title
report, environmental or soil tests prior to Tenant’s installation of the Antenna Facilities
on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits or
cancels any license (including, without limitation, an FCC license), permit or
3 Site Name: University/Williams
Site Number: 4426
Governmental Approval necessary to the installation and/or operation of the Antenna
Facilities or Tenant’s business;
(d) upon ninety (90) days written notice by Tenant if the Property, or the Antenna
Facilities are or become unacceptable under Tenant’s design or engineering specifications
for its Antenna Facilities or the communications system to which the Antenna Facilities
belong;
(e) upon ninety (90) days written notice by Landlord’s City Council;
(f) immediately upon written notice by Tenant if the Premises or the Antenna
Facilities are destroyed or damaged so as in Tenant’s reasonable judgment to
substantially and adversely affect the effective use of the Antenna Facilities. In such
event, all rights and obligations of the parties shall cease as of the date of the damage or
destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by
Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the
Premises and/or Antenna Facilities are restored to the condition existing immediately
prior to such damage or destruction; or
(g) Tenant agrees to, as of the effective date of the termination, to remove its
improvements, personal property and facilities at its sole expense from the Premises.
9. Taxes. Tenant shall pay any real or personal property taxes assessed on, or
any portion of such taxes directly attributable to, the Antenna Facilities. .
10. Insurance and Subrogation.
(a) Tenant shall provide Commercial General Liability Insurance in an aggregate
amount of Four Million and No/100 Dollars ($4,000,000.00). Tenant may satisfy this
requirement by obtaining the appropriate endorsement to any master policy of liability
insurance Tenant may maintain.
(b) Landlord and Tenant hereby mutually release each other (and their successors
or assigns) from liability and waive all right of recovery against the other for any loss or
damage covered by their respective first party property insurance policies for all perils
insured thereunder. In the event of such insured loss, neither party’s insurance company
shall have a subrogated claim against the other.
11. Hold Harmless. Tenant agrees to hold Landlord harmless from claims arising
from the installation, use, maintenance, repair or removal of the Antenna Facilities,
except for claims arising from the negligence or intentional acts of Landlord, its
employees, agents or independent contractors.
12. Notices. All notices, requests, demands and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or mailed, certified
4 Site Name: University/Williams
Site Number: 4426
mail, return receipt requested, or sent by for next-business-day delivery by a nationally
recognized overnight carrier to the following addresses:
If to Tenant, to:
MetroPCS Texas, LLC
8144 Walnut Hill Lane, Suite 800
Dallas, Texas 75231
Attn: Property Manager
With a copy to:
MetroPCS
6501 Windcrest
Plano, TX 75024
If to Landlord, to:
Attn: Finance Director
City of University Park
3800 University Boulevard
University Park, Texas 75205
13. Quiet Enjoyment, Title and Authority. Landlord covenants and warrants to
Tenant that (i) Landlord has full right, power and authority to execute this Lease; (ii) it
has good and unencumbered title to the Property free and clear of any liens or mortgages,
except those disclosed to Tenant and which will not interfere with Tenant’s rights to or
use of the Premises; and (iii) execution and performance of this Lease will not violate any
laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement
binding on Landlord. Landlord covenants that at all times during the term of this Lease,
Tenant’s quiet enjoyment of the Premises or any part thereof shall not be disturbed as
long as Tenant is not in default beyond any applicable grace or cure period.
14. Environmental Laws. Landlord represents that it has no knowledge of any
substance, chemical or waste (collectively “Hazardous Substance”) on the Property that is
identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on
the Property in violation of any applicable law. Landlord shall be responsible for, and
shall promptly conduct any investigation and remediation as required by any applicable
environmental laws, all spills or other releases of any Hazardous Substance not caused
solely by Tenant, that have occurred or which may occur on the Property. Each party
agrees to defend, indemnify and hold harmless the other from and against any and all
administrative and judicial actions and rulings, claims, causes of action, demands and
liability (collectively, “Claims”) including, but not limited to, damages, costs, expenses,
assessments, penalties, fines, losses, judgments and reasonable attorney fees that the
indemnitee may suffer or incur due to the existence or discovery of any Hazardous
Substances on the Property or the migration of any Hazardous Substance to other
properties or the release of any Hazardous Substance into the environment (collectively,
5 Site Name: University/Williams
Site Number: 4426
“Actions”), that relate to or arise from the indemnitor’s activities on the Property. The
indemnification in this section specifically include, without limitation, costs incurred in
connection with any investigation of site conditions or any cleanup, remedial, removal or
restoration work required by any governmental authority. This Section 14 shall survive
the termination or expiration of this Lease.
15. Assignment. Tenant may assign this Lease and any Easement granted herein
upon written approval by Landlord. Upon such assignment, Tenant shall be relieved of
all liabilities and obligations hereunder and Landlord shall look solely to the assignee for
performance under this Lease and all obligations hereunder.
Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security
interest in this Lease and the Antenna Facilities, and may pledge this Lease and the
Antenna Facilities to any mortgagees or holders of security interests, including their
successors or assigns (collectively, “Mortgagees”), provided such Mortgagees agree to be
bound by the terms and provisions of this Lease. In such event, Landlord shall execute
such consent to leasehold financing as may reasonably be required by Mortgagees.
Landlord agrees to notify Tenant and Tenant’s Mortgagees simultaneously of any default
by Tenant and to give Mortgagees the same right to cure any default as Tenant or to
remove any property of Tenant or Mortgagees located on the Premises, except that the
cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the
default notice, as provided in Section 8 of this Lease. All such notices to Mortgagees
shall be sent to Mortgagees at the address specified by Tenant. Failure by Landlord to
give Mortgagees such notice shall not diminish Landlord’s rights against Tenant, but
shall preserve all rights of Mortgagees to cure any default and to remove any property of
Tenant or Mortgagees located on the Premises as provided in Section 17 of this Lease.
Tenant shall keep the Property free from any liens arising out of any work
performed, materials furnished, or obligations incurred by or for Tenant. Tenant shall,
within thirty (30) days following the imposition of any such lien, cause the same to be
released of record by payment or posting of a proper bond.
16. Successors and Assigns. This Lease and the Easement granted herein shall
run with the land, and shall be binding upon and inure to the benefit of the parties, their
respective successors, personal representatives and assigns.
17. Waiver of Landlord’s Lien. Landlord hereby waives any and all lien rights it
may have, statutory or otherwise concerning the Antenna Facilities or any portion thereof
which shall be deemed personal property for the purposes of this Lease, whether or not
the same is deemed real or personal property under applicable laws, and Landlord gives
Tenant and Mortgagees the right to remove all or any portion of the same from time to
time, whether before or after a default under this Lease, in Tenant’s and/or Mortgagee’s
sole discretion and without Landlord’s consent.
18. Miscellaneous.
6 Site Name: University/Williams
Site Number: 4426
(a) The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorneys’ fees and court costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within twenty (20) days after
request, such truthful estoppel information as the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to
this Lease must be in writing and executed by both parties.
(d) Each party agrees to cooperate with the other in executing any documents
(including a Memorandum of Lease in substantially the form attached as Exhibit C)
necessary to protect its rights or use of the Premises. The Memorandum of Lease may be
recorded in place of this Lease by either party. In event the Property is encumbered by a
mortgage or deed of trust, Landlord agrees, upon request of Tenant, to obtain and furnish
to Tenant a non-disturbance and attornment agreement for each such mortgage or deed of
trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its
interest in the Premises. Landlord agrees to execute such documents as the title company
may require in connection therewith.
(e) This Lease shall be construed in accordance with the laws of the state of
Texas, and action for enforcement of this Lease shall be brought exclusively in Dallas
County, Texas.
(f) If any term of this Lease is found to be void or invalid, such finding shall not
affect the remaining terms of this Lease, which shall continue in full force and effect.
The parties agree that if any provisions are deemed not enforceable, they shall be deemed
modified to the extent necessary to make them enforceable. Any questions of particular
interpretation shall not be interpreted against the draftsman, but rather in accordance with
the fair meaning thereof.
(g) The persons who have executed this Lease represent and warrant that they are
duly authorized to execute this Lease in their individual or representative capacity as
indicated.
(h) This Lease may be executed in any number of counterpart copies, each of
which shall be deemed an original, but all of which together shall constitute a single
instrument.
(i) All Exhibits referred herein and any Addenda are incorporated herein for all
purposes. The parties understand and acknowledge that Exhibit A (the legal description
of the Property) and Exhibit B (the Premises location within the Property), may be
attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly,
the parties agree that upon the preparation of final, more complete exhibits, Exhibit A,
and/or B, as the case may be, which may have been attached hereto in preliminary form,
7 Site Name: University/Williams
Site Number: 4426
may be replaced by Tenant with such final, more complete exhibit(s). The terms of all
Exhibits are incorporated herein for all purposes.
(j) If Landlord is represented by any broker or any other leasing agent, Landlord
is responsible for all commission fees or other payment to such agent, and agrees to
indemnify and hold Tenant harmless from all claims by such broker or anyone claiming
through such broker. If Tenant is represented by any broker or any other leasing agent,
Tenant is responsible for all commission fees or other payment to such agent, and agrees
to indemnify and hold Landlord harmless from all claims by such broker or anyone
claiming through such broker.
(k) Subject to other provisions of this Lease, at such time as Landlord desires to
redevelop, modify, remodel or in any way alter the Property and any improvements
thereon (“Redevelopment”), Landlord shall in good faith use its best efforts to fully
accommodate Tenant’s continuing use of the Premises, including but not limited to
providing an alternative, temporary site for the relocation of Tenant’s Antenna Facilities
to the temporary location as required by the Redevelopment at Tenant’s sole cost. Upon
completion of the Redevelopment, Tenant shall relocate Tenant’s Antenna Facilities to
back to an alternate permanent location, said location to be approved by Landlord, said
approval not to be unreasonably withheld.
The effective date of this Lease is the date of execution by the last party to sign
(“Effective Date”).
LANDLORD: City of University Park
By: _____________________________
Printed Name: _____________________________
Its: _____________________________
Date: _____________________________
TENANT: MetroPCS Texas, LLC, a Delaware limited liability company
By: _____________________________
Printed Name: _____________________________
Its: _____________________________
8 Site Name: University/Williams
Site Number: 4426
Date: _____________________________
9 Site Name: University/Williams
Site Number: 4426
EXHIBIT A
Legal Description
The Property is legally described as follows:
EXHIBIT B
The location of the Premises within the Property (together with access and utilities)
is more particularly described and depicted as follows:
10 Site Name: University/Williams
Site Number: 4426
EXHIBIT C
Memorandum of Lease
Between City of University Park (“Landlord”) And MetroPCS Texas, LLC, a Delaware
limited liability company
A Site Lease (“Lease”) by and between City of University Park (“Landlord”) and
MetroPCS Texas, LLC, a Delaware limited liability company (’Tenant”) was made
regarding a portion of the following property:
See Attached Exhibit “A” incorporated herein for all purposes
The Lease is for a term of Five (5) years and will commence on the date as set
forth in the Lease (the “Commencement Date”) and shall terminate at midnight on the
last day of the month in which the Fifth anniversary of the Commencement Date shall
have occurred. Unless terminated as provided herein, tenant shall have the right to
extend this Lease for Four (4) additional Five (5) year terms.
IN WITNESS WHEREOF, the parties hereto have respectively executed this
memorandum effective as of the date of the last party to sign.
LANDLORD: City of University Park
11 Site Name: University/Williams
Site Number: 4426
By: _____________________________
Printed Name: _____________________________
Its: _____________________________
Date: _____________________________
TENANT: MetroPCS Texas, LLC, a Delaware limited liability company
By: _____________________________
Printed Name: _____________________________
Its: _____________________________
Date: _____________________________
12 Site Name: University/Williams
Site Number: 4426
[Notary block for Landlord]
STATE OF ____________________ )
) ss.
COUNTY OF ___________________ )
This instrument was acknowledged before me on ___________________ by
________________________, [title] __________________________________ of
__________________________________ [type of entity], on behalf of said
________________________________ [name of entity].
Dated: _________________________________
______________________________________
Notary Public
Print Name ____________________________
My commission expires __________________
[Notary block for Tenant]
STATE OF _____________________ )
) ss.
COUNTY OF ___________________ )
This instrument was acknowledged before me on
_____________________________ by _______________________________, [title]
___________________________________ of _______________________________
[type of entity], on behalf of said _______________________ [name of entity].
Dated: _________________________________
______________________________________
Notary Public
Print Name ____________________________
My commission expires __________________
13 Site Name: University/Williams
Site Number: 4426
AGENDA MEMO
(06/06/06 MEETING)
DATE: June 1, 2006
TO: Honorable Mayor and City Council
FROM: Kent R. Austin, Director of Finance
SUBJECT: FY2005 financial statements and Management Letter Comments (MLC)
BACKGROUND
Included on the June 6 meeting agenda is a brief discussion of the FY2005 MLC from the
City’s external auditors, Weave & Tidwell LLP. Transmission of the MLC and financial
statements to the City Council is an annual event following conclusion of the audit. Jerry
Gaither, Partner, of Weaver & Tidwell will attend the June 1meeting to discuss the MLC
content and FY2005 audit in general.
The FY2005 published financial statements, known as the CAFR (Comprehensive Annual
Financial Report), represent the third year of statements compliant with the Governmental
Accounting Standards Board (GASB) Statement No. 34 standard. University Park is
required to comply with this Statement, beginning FY2003, to remain consistent with
Generally Accepted Accounting Principles (GAAP).
Among other things, GASB 34 requires the City to value, record, and depreciate all of its
physical infrastructure (not just utility-type assets, as under the old standard), produce a
citywide income statement-style report (known as the Statement of Activities), and adopt
a new format for the Balance Sheet, now known as the Statement of Net Assets. Fund-
level statements are still required and are also presented.
The FY2005 MLC is even briefer than last year’s letter and contains no comments
requiring major corrections or changes. I am proud of the job that Controller Tom
Tvardzik and the finance staff have done over the past four years in improving internal
processes and complying with the new accounting standard.
RECOMMENDATION
Staff recommends the City Council accept the FY2005 MLC and CAFR and refer them to
the Finance Advisory Committee for further examination.
ATTACHMENTS:
?
FY2005 CAFR and MLC
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO MLC FY05
06062006.doc 9:52 AM 06/02/06
AGENDA MEMO
(06-06-06 AGENDA)
DATE:
June 2, 2006
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider Ordinance No __ abandoning certain excess street right-
of-way along the west side of 4368 Mockingbird Parkway.
Background.
Staff asked the City Attorney to draft an ordinance
abandoning 1,045.44 SF of Armstrong Parkway right-of-way (R-O-W) along the
west side of 4368 Mockingbird Parkway. Following Council action, the property
owners, Kenneth E. and Darla J. Reimer, will need to provide payment of fair
market value (FMV) for the abandoned R-O-W in accordance with the following:
FMV = 1,045.44 SF @ $42.3736 / SF = $44,299.06
Upon receipt of the aforementioned FMV, the City will provide a certified copy of
the abandonment ordinance, which must be filed with Dallas County. The subject
R-O-W parcel must then be consolidated with the residential lot (on which the
residence is located) through an amending plat.
Discussion.
Staff recommends Council approval of the abandonment
ordinance.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM R-O-W Aband 4368 Mockingbird
Pkwy 06 06 06.doc 11:08 AM 06/02/06
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY OF
ARMSTRONG PARKWAY, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A”, TO THE ABUTTING OWNERS, IN CONSIDERATION OF THE
PAYMENT OF $44,288.06 TO THE CITY; PROVIDING FOR THE FURNISHING
OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE
REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM
DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City Council of the City of University Park, Texas, has determined that
certain street right-of-way, described and depicted in Exhibit “A”, is no longer needed or necessary for
public purposes by the City; and
WHEREAS
, the abutting property owners have agreed to pay the City the market value of the
interests being abandoned, as determined by an appraisal obtained by the City; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.
That for and in consideration of the payment to the City of University Park of
$44,299.06, the City of University Park hereby abandons and quitclaims in favor of the abutting
owners, Kenneth E. Reimer and Darla J. Reimer, the street right-of-way over all that certain tract or
parcel of land more particularly described as Tract II and depicted in Exhibit “A”, which is attached
hereto and made a part hereof for all purposes, the same as if fully copied herein, consisting of 1,045.44
square feet (0.024 acre), more or less, being a portion of the street right-of-way of Armstrong
Parkway, in the City of University Park, Dallas County, Texas.
SECTION 2.
That the rights being abandoned in the property described as Tract II in Exhibit
“A” consist of street right-of-way as shown in said Exhibit.
SECTION 3.
That the City of University Park does not abandon any other interest other than
described in Exhibit “A”, but does hereby abandon all of its right, title, or interest in the described street
right-of-way, together with any and all improvements thereon.
66995
SECTION 4
. That upon delivery of the amount stated above in section 1, the City Secretary
is directed to prepare a certified copy of this ordinance and furnish the same to Kenneth E. Reimer and
Darla J. Reimer, and the recording of this abandonment ordinance in the real property records of Dallas
County, Texas, shall serve as a quitclaim deed of the City of University Park of such right, title or
interest of the City of University Park in and to such street right-of-way described as Tract II in Exhibit
“A”.
SECTION 5
. This ordinance shall take effect immediately from and after its passage, as the
law and Charter in such cases provide.
DULY PASSED
by the City Council of the City of University Park, Texas, on the ____day of
______________ 2006.
APPROVED:
________________________________
JAMES H. HOLMES III, MAYOR
APPROVED AS TO FORM: ATTEST:
_________________________ _________________________________
CITY ATTORNEY NINA WILSON, CITY SECRETARY
(RLD/06-1-06)
66995
EXHIBIT “A”
LEGAL DESCRIPTION
66995
66995
CITY OF UNIVERSITY PARK
5/31/2006
WATER, SANITARY SEWER AND ALLEY IMPROVEMENTS, PROJECT NO. 47100
BID RESULTS
North Texas ContractingSYB Construction
ItemUnitUnit
TotalTotal
No.DescriptionAmountAmount
QtyUnitAmountAmount
ALLEY CONSTRUCTION
SECTION 1 - STORM SEWER
$750.00$750.00$1,500.00$1,500.00
Adjust Existing Grate Inlet
STRM.11EA.
SECTION 1- STORM SEWER
BASE BID
$750.00$1,500.00
SECTION 2 - SANITARY SEWER
$1,500.00$7,500.00$750.00$3,750.00
Remove Existing Manhole (4'-0")
S.15EA.
S.22125LF$170.00$361,250.00$203.00$431,375.00
8" PVC-SD-26 Class 160 PSI Pressure
Sewer Pipe w/ Recycled Concrete Mix
Backfill & Embedment
S.36EA.$3,000.00$18,000.00$4,000.00$24,000.00
Construct 4.0' Dia. Manhole
S.41EA.$5,000.00$6,000.00
5.0' Dia. Manhole w/ Drop Connection$5,000.00$6,000.00
S.51EA.$2,000.00$2,000.00$1,500.00$1,500.00
Connect Proposed 8" PVC-SDR-26 Class
160 PSI Pressure Sewer Pipe to Existing
Sanitary Sewer Manhole
S.63EA.$500.00$1,500.00$750.00$2,250.00
Connect Existing 8" Sanitary Sewer Line
to Proposed Manhole
S.74EA.$500.00$2,000.00$500.00$2,000.00
Cut & Plug Existing 6" Sanitary Sewer
(Concrete Plug)
S.865EA.$1,500.00$97,500.00$850.00$55,250.00
4" Sanitary Sewer Service w/ Two Way
Cleanout
S.91LS$3,500.00$2,500.00
Trench Safety Design and Installation$3,500.00$2,500.00
S.101LS$1,000.00$1,000.00$5,000.00$5,000.00
System Test
SECTION 2- SANITARY SEWE
R
BASE BID
$499,250.00$533,625.00
SECTION 3 - WATER
W.14100LF3" Yelomine PVC Pipe Class 250 $20.00$82,000.00$2.00$8,200.00
Temporary Water Line (Cost includes
placement, maintenance, and removal)
W.26EA.Connect 3" Temporary Water to Existing $1,000.00$6,000.00$1,200.00$7,200.00
Water Lines (3" to 12") Per Location (Cost
includes placement, maintenance, and
removal)
W.32EA.Connect 3" Temporary Water to Existing $700.00$1,400.00$1,200.00$2,400.00
Water Lines (3" to 8") Per Location (Cost
includes placement, maintenance, and
removal)
W.443EA.Temporary 3/4" Water Service to Meter $400.00$17,200.00$512.00$22,016.00
(Cost includes placement, maintenance,
and removal)
W.536EA.Temporary 1" Water Service to Meter $450.00$16,200.00$537.00$19,332.00
(Cost includes placement, maintenance,
and removal)
W.65EA.Cut & Plug Existing Water Mains(6") $2,000.00$10,000.00$500.00$2,500.00
(Concrete Plug)
W.75EA.Remove Existing Valves (6")$500.00$2,500.00$500.00$2,500.00
1 OF 4
CITY OF UNIVERSITY PARK
5/31/2006
WATER, SANITARY SEWER AND ALLEY IMPROVEMENTS, PROJECT NO. 47100
BID RESULTS
North Texas ContractingSYB Construction
ItemUnitUnit
TotalTotal
No.DescriptionAmountAmount
QtyUnitAmountAmount
W.82150LF8" D.I. Pipe Class 51 w/ Poly Wrap w/ $90.00$193,500.00$116.00$249,400.00
Recycled Concrete Backfill and
Embedment
W.945LF6" D.I. Pipe Class 51 w/ Poly Wrap w/ $80.00$3,600.00$114.00$5,130.00
Recycled Concrete Backfill and
Embedment
W.104EA.8" Ductile Iron Resilient Wedge Gate $1,500.00$6,000.00$950.00$3,800.00
Valve
W.113EA.Connect to Existing Water Lines (6" to 6") $2,000.00$6,000.00$2,500.00$7,500.00
Per Location
W.122EA.Connect to Existing Water Lines (8" to 8") $1,800.00$3,600.00$2,500.00$5,000.00
Per Location
W.1379EA.New 1" Copper Service w/ Meter Box$500.00$39,500.00$700.00$55,300.00
W.141EA.Construct Fire Hydrant Assembly$4,000.00$4,000.00$3,000.00$3,000.00
W.151LSTrench Safety Design & Installation$3,500.00$3,500.00$2,000.00$2,000.00
W.161LSSystem Test$1,000.00$1,000.00$2,000.00$2,000.00
SECTION 3- WATER
$396,000.00$397,278.00
SECTION 4 - PAVING
P.11LS$75,000.00$75,000.00$286,000.00$286,000.00
Mobilization
P.21700LF$4.00$6,800.00$3.00$5,100.00
Sawed Breakout line-Full Depth
P.355SY$60.00$3,300.00$20.00$1,100.00
Temporary Pavement Repair (2" HMAC
and Recycled Concrete Mix Backfill and
Compacted Selected Backfill) (Cost
includes placement, maintenance, and
removal)
P.475SYReplace Asph. Concrete Pvmt. w/Reinf. $75.00$5,625.00$80.00$6,000.00
Concrete Base w/6" Mono Reinforced
Concrete Curb & Gutter(4" HMAC
Average and 6" Concrete Base)
P.517SY$35.00$595.00$15.00$255.00
Remove Existing 4" +/- Reinforced
Concrete Sidewalk
P.685SY$40.00$3,400.00$15.00$1,275.00
Remove Existing 6" +/- Reinforced
Concrete Driveway
P.71850SY$40.00$74,000.00$15.00$27,750.00
Remove Existing 6" +/- Reinforced
Concrete Alley Pavement
P.815LF$15.00$225.00$10.00$150.00
Remove Concrete Curb & Gutter (30")
P.9105SY$40.00$4,200.00$15.00$1,575.00
Remove Reinforced Concrete Alley
Approach
P.1020HR$100.00$2,000.00$50.00$1,000.00
Rolling(Grid)
P.1111HR$100.00$1,100.00$50.00$550.00
Rolling(Flat Wheel)
P.125HR$100.00$500.00$50.00$250.00
Rolling (Proof)
P.1325SY4" Reinforced Concrete Sidewalk Class $60.00$1,500.00$40.00$1,000.00
"A", 5 Sack, 3600 PSI@28 Days
P.1485SY6" Reinforced Concrete Driveway Class $60.00$5,100.00$85.00$7,225.00
"C", 6 Sack, 3600 PSI@28 Days
P.151900SY8"-5"-8" Reinforced Concrete Alley Class $50.00$95,000.00$60.00$114,000.00
"C", 6 Sack, 3600 PSI@28 Days
P.1695SY6" Reinforced Concrete Alley Approach $60.00$5,700.00$60.00$5,700.00
Class "C", 6 Sack, 3600 PSI@28 Days
2 OF 4
CITY OF UNIVERSITY PARK
5/31/2006
WATER, SANITARY SEWER AND ALLEY IMPROVEMENTS, PROJECT NO. 47100
BID RESULTS
North Texas ContractingSYB Construction
ItemUnitUnit
TotalTotal
No.DescriptionAmountAmount
QtyUnitAmountAmount
P.1715LF$50.00$750.00$40.00$600.00
Concrete Curb & Gutter (30")
P.18369LF$3.00$1,107.00$15.00$5,535.00
Variable Height Curb (6" to 12" in alley)
location to be determined in field
P.19465LF$5.00$2,325.00$34.00$15,810.00
Variable Height Curb (12" to 20" in alley)
location to be determined in field
P.20375SY$20.00$7,500.00$15.00$5,625.00
Replace Plant Material (Bermuda, St.
Augustine, Asian Jasmine, or Other)
(Contractor Must Replace w/ Same Plant
Material)
P.211LS$7,500.00$7,500.00$20,000.00$20,000.00
Horizontal & Vertical Control
SECTION 4- PAVING
$303,227.00$506,500.00
$1,199,227.00$1,438,903.00
TOTAL BASE BID ALLEY CONSTRUCTION
FIRE LINE CONSTRUCTION
SECTION 5- WATER
W.11EA.$2,000.00$2,000.00$500.00$500.00
Cut & Plug Existing Water Mains(6")
(Concrete Plug)
W.21420LF$90.00$127,800.00$66.00$93,720.00
8" D.I. Pipe Class 51 w/ Poly Wrap w/
Recycled Concrete Backfill and
Embedment
W.31EA.$1,000.00$1,000.00$700.00$700.00
6" Ductile Iron Resilient Wedge Gate
Valve
W.42EA.$1,200.00$2,400.00$950.00$1,900.00
8" Ductile Iron Resilient Wedge Gate
Valve
W.51EA.$1,800.00$1,800.00$1,850.00$1,850.00
12" Ductile Iron Resilient Wedge Gate
Valve
W.61EA.$2,000.00$2,000.00$4,000.00$4,000.00
Connect to Existing Water Lines (8" to
12") Per Location
W.71EA.$1,800.00$1,800.00$3,250.00$3,250.00
Connect to Existing Water Lines (8" to 6")
Per Location
W.81EA.$5,000.00$5,000.00$5,500.00$5,500.00
Remove and Replace Fire Hydrant
Assembly
W.91EA.$4,000.00$4,000.00$5,000.00$5,000.00
Construct Fire Hydrant Assembly
W.101LS$3,500.00$3,500.00$1,000.00$1,000.00
Trench Safety Design & Installation
W.111LS$1,000.00$1,000.00$1,000.00$1,000.00
System Test
SECTION 5- WATER
$152,300.00$118,420.00
P.11LS$75,000.00$75,000.00$28,000.00$28,000.00
Mobilization
P.25730LF$3.00$17,190.00$3.00$17,190.00
Sawed Breakout line-Full Depth
P.3477SY$60.00$28,620.00$20.00$9,540.00
Temporary Pavement Repair (2" HMAC
and Recycled Concrete Mix Backfill and
Compacted Selected Backfill) (Cost
includes placement, maintenance, and
removal)
P.4794SYReplace Asph. Concrete Pvmt. w/Reinf. $80.00$63,520.00$80.00$63,520.00
Concrete Base w/6" Mono Reinforced
Concrete Curb & Gutter(4" HMAC
Average and 6" Concrete Base)
3 OF 4
CITY OF UNIVERSITY PARK
5/31/2006
WATER, SANITARY SEWER AND ALLEY IMPROVEMENTS, PROJECT NO. 47100
BID RESULTS
North Texas ContractingSYB Construction
ItemUnitUnit
TotalTotal
No.DescriptionAmountAmount
QtyUnitAmountAmount
P.54SY$40.00$160.00$20.00$80.00
Remove Existing 4" +/- Reinforced
Concrete Sidewalk
P.620LF$20.00$400.00$10.00$200.00
Remove Concrete Curb & Gutter (30")
P.76HR$100.00$600.00$50.00$300.00
Rolling(Grid)
P.84HR$100.00$400.00$50.00$200.00
Rolling(Flat Wheel)
P.92HR$100.00$200.00$50.00$100.00
Rolling (Proof)
P.1015LF$45.00$675.00$40.00$600.00
Concrete Curb & Gutter (30")
P.1110SYReplace Plant Material (Bermuda, St. $20.00$200.00$25.00$250.00
Augustine, Asian Jasmine, or Other)
(Contractor Must Replace w/ Same Plant
Material)
P.121LS$7,500.00$7,500.00$10,000.00$10,000.00
Horizontal & Vertical Control
SECTION 4- PAVING
$194,465.00$129,980.00
TOTAL BASE BID FIRE LINE CONSTRUCTION
$346,765.00$248,400.00
$1,545,992.00$1,687,303.00
TOTAL BASE BID
4 OF 4