Dallas City Council Agenda: August 14, 2013 Addendum

AUGUST 14, 2013 CITY COUNCIL ADDENDUM CERTIFICATION

This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Addendum dated August 14, 2013. We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose.

.C. Gonzalez Interim City Manager

Date

Edward Scott City Controller

Date

ADDENDUM CITY COUNCIL MEETING AUGUST 14, 2013 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS 75201 9:00 A. M. ADDITIONS: CONSENT ADDENDUM Business Development & Procurement Services 1.

Authorize the sale of a 2000 Hyundai HL740-3 front loader, through a public auction on July 16, 2013, to Sanchez Auto Parts House, highest bidder of ten - Revenue: $22,700

2.

Authorize a five-year service contract for janitorial and event set up services at the Kay Bailey Hutchison Convention Center Dallas - Andrews Building Service, lowest responsible bidder of five - Not to exceed $18,187,934 - Financing: Convention and Event Services Current Funds (subject to annual appropriations)

Office of Emergency Management 3.

Authorize the acceptance of additional grant funds from the U.S. Department of Homeland Security under the 2010 Buffer Zone Protection Plan grant to provide funding for costs associated with securing critical infrastructure and key resource sites to prevent acts of terrorism within the City for the period June 1, 2010 through August 15, 2013 - Not to exceed $50,000, from $950,000 to $1,000,000 - Financing: U.S. Department of Homeland Security Grant Funds

Public Works Department 4.

Authorize a contract with Texas Standard Construction, Ltd., lowest responsible bidder of four, for the construction of thoroughfare, water and wastewater main improvements for Sylvan Avenue from the IH-30 westbound frontage road to Fort Worth Avenue - Not to exceed $1,514,176 - Financing: General Obligation Commercial Paper Funds ($1,054,847), Water Utilities Capital Construction Funds ($6,460) and Water Utilities Capital Improvement Funds ($452,869)

1

ADDENDUM CITY COUNCIL MEETING AUGUST 14, 2013 ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Sustainable Development and Construction 5.

An ordinance abandoning portions of two water easements and a sanitary sewer easement to LMI Park Central, LLC, the abutting owner, containing a total of approximately 11,454 square feet of land, located near the intersection of Banner Drive and Coit Road - Revenue: $5,400 plus the $20 ordinance publication fee

6.

An ordinance abandoning a portion of a utility easement to LMI Glencoe Dallas, LLC, the abutting owner, containing approximately 4,572 square feet of land, located near the intersection of Glencoe Street and Ellsworth Avenue - Revenue: $5,400, plus the $20 ordinance publication fee

Trinity Watershed Management 7.

Authorize a professional services contract with Modern Geosciences, LLC for assistance with the preparation of the soil remediation and municipal setting designation for the Upper Chain of Wetlands Project - Not to exceed $73,950 - Financing: 1998 Bond Funds

ITEMS FOR INDIVIDUAL CONSIDERATION City Secretary's Office 8.

A resolution designating absences by Councilmember Scott Griggs as being for "official city business" - Financing: No cost consideration to the City

DELETION: Sustainable Development and Construction 92.

A public hearing to receive comments regarding an application for and an ordinance granting the creation of a new subdistrict within Subdistrict 1 (Bishop Avenue) of Planned Development District No. 830, the Davis Street Special Purpose District on the northwest corner of North Bishop Avenue and West 5th Street Recommendation of Staff and CPC: Approval, subject to conditions Z123-252(MW)

2

ADDENDUM DATE August 14, 2013 ITEM IND # OK DEF DISTRICT TYPE

DEPT.

1

N/A

C

2

2

C

PBD PBD, CES

3

All

C

OEM

4

6

C

PBW, WTR

5

11

C

DEV

6

14

C

DEV

7

4

C

TWM

8

All

I

SEC

TOTAL

DOLLARS

LOCAL

MWBE

DESCRIPTION

Authorize the sale of a 2000 Hyundai HL740-3 front loader, through a public auction on July 16, 2013, to REV $22,700 NA NA Sanchez Auto Parts House, highest bidder of ten Authorize a five-year service contract for janitorial and event set up services at the Kay Bailey Hutchison $18,187,934.00 73.00% 100.00% Convention Center Dallas Authorize the acceptance of additional grant funds from the U.S. Department of Homeland Security under the 2010 Buffer Zone Protection Plan grant to provide funding for costs associated with securing critical infrastructure and key resource sites to prevent acts of terrorism within the City for the period June 1, 2010 through August 15, 2013 GT NA NA Authorize a contract with Texas Standard Construction, Ltd., lowest responsible bidder of four, for the construction of thoroughfare, water and wastewater main improvements for Sylvan Avenue from the IH-30 $1,514,175.20 100.00% 27.27% westbound frontage road to Fort Worth Avenue An ordinance abandoning portions of two water easements and a sanitary sewer easement to LMI Park Central, LLC, the abutting owner, containing a total of approximately 11,454 square feet of land, located REV $5,400 NA NA near the intersection of Banner Drive and Coit Road An ordinance abandoning a portion of a utility easement to LMI Glencoe Dallas, LLC, the abutting owner, containing approximately 4,572 square feet of land, located near the intersection of Glencoe Street and REV $5,400 NA NA Ellsworth Avenue Authorize a professional services contract with Modern Geosciences, LLC for assistance with the preparation of the soil remediation and municipal setting designation for the Upper Chain of Wetlands $73,950.00 8.11% 8.11% Project NC

NA

NA

A resolution designating absences by Councilmember Scott Griggs as being for "official city business"

$19,776,059.20

Page 1

KEY FOCUS AREA:

ADDENDUM ITEM # 1 Efficient, Effective and Economical Government

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

N/A

DEPARTMENT:

Business Development & Procurement Services

CMO:

Jeanne Chipperfield, 670-7804

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize the sale of a 2000 Hyundai HL740-3 front loader, through a public auction on July 16, 2013, to Sanchez Auto Parts House, highest bidder of ten - Revenue: $22,700 BACKGROUND This action seeks approval to sell one Hyundai HL740-3 front loader, equipment number 009053, which was publically auctioned on July 16, 2013. Dallas Water Utilities originally purchased this equipment in 2000 for the use of various repair needs. The vehicle has reached its useful life and is no longer cost effective for the City to maintain.

The vehicle was replaced in August 2012.

The City used its current contract auctioneer, Lone Star Auctioneers, Inc., to auction this equipment and will pay the auctioneer 7.98% commission based upon gross sales per this auction.

Dallas City Code 2-37.4 requires that when the highest bid for property is more than $20,000.00, the sale to the highest bidder must be confirmed by City Council.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.

FISCAL INFORMATION $22,700.00 - Revenue

BID INFORMATION The following bid was received at public auction on July 16, 2013. *Denotes successful bidder Bidder

Address

Amount of Bid

Sanchez Auto Parts House

4100 E. Jefferson St. Grand Prairie, TX 75051

$22,700.00

4btaa

$22,650.00

MJ Trucks

$20,800.00

Puffdaddy

$15,050.00

Ozzy0405

$ 8,800.00

Greega1962

$ 8,100.00

Deejayk9

$ 7,550.00

Pbman

$ 6,250.00

Jcs equipment

$ 6,150.00

Mague

$ 5,050.00

OWNER Sanchez Auto Parts House Arnoldo Sanchez, Owner

Agenda Date 08/14/2013 - page 2

COUNCIL CHAMBER

August 14, 2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager or designee is hereby authorized to sell one Hyundai HL740-3 front loader through public auction on July 16, 2013, to the highest bidder, Sanchez Auto Parts House in the amount of $22,700.00.

Section 2. That the City Controller is hereby authorized to receive and deposit funds received from the proceeds of the sale to: FUND 0100 0199

DEPT DWU POM

UNIT 7005 1232

REVENUE SOURCE 8446 8420

AMOUNT $19,295.00 $ 3,405.00

Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

KEY FOCUS AREA:

ADDENDUM ITEM # 2 Efficient, Effective and Economical Government

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Business Development & Procurement Services Convention and Event Services

CMO:

Jeanne Chipperfield, 670-7804 Forest E. Turner, 670-3390

MAPSCO:

45 P ________________________________________________________________

SUBJECT Authorize a five-year service contract for janitorial and event set up services at the Kay Bailey Hutchison Convention Center Dallas - Andrews Building Service, lowest responsible bidder of five - Not to exceed $18,187,934 - Financing: Convention and Event Services Current Funds (subject to annual appropriations) BACKGROUND This action does not encumber funds; the purpose of a service contract is to establish firm pricing for services, for a specific term, which are ordered on an as needed basis.

This service contract provides janitorial and event set up services at the Kay Bailey Hutchison Convention Center Dallas (KBHCCD). The KBHCCD has over 2.2 million square feet of space that requires janitorial service. The KBHCCD hosts in excess of one million visitors each year, creating significant economic impact and contributes to the vitality of the downtown area and surrounding communities.

The vendor is required to provide all supplies, equipment and labor necessary for the performance of the contract. The use of environmentally friendly Green Seal certified cleaning products and supplies is a requirement in the specifications. Furthermore, as additional products become Green Seal certified, the vendor is required to incorporate these products at the KBHCCD. All equipment has been specified by the KBHCCD; any substitutions must have KBHCCD approval.

This solicitation was structured in a manner which required bidders to submit a response using unit pricing. This bid resulted in a 1.8% decrease over comparable unit prices for the bid awarded in 2007.

BACKGROUND (Continued) As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 442 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS' ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women's Business Council - Southwest, to ensure maximum vendor outreach.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 12, 2007, City Council authorized a thirty-six-month service contract for janitorial services at the Dallas Convention Center, Reunion Arena and Farmers Market

by Resolution No. 07-3742.

FISCAL INFORMATION $18,187,934.00 - Convention and Event Services Current Funds (subject to annual appropriations) ETHNIC COMPOSITION Andrews Building Service White Male Black Male Hispanic Male Other Male

18 70 60 22

White Female Black Female Hispanic Female Other Female

21 35 36 10

M/WBE INFORMATION 118 - Vendors Contacted 114 - No response 4 - Response (Bid) 0 - Response (No Bid) 1 - Successful 442 M/WBE and Non-M/WBE vendors were contacted The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826 as amended.

Agenda Date 08/14/2013 - page 2

BID INFORMATION The following bids were received from solicitation number BL1338 and opened on July 18, 2013. This service contract is being awarded in its entirety to the lowest responsive and responsible bidder. *Denotes successful bidder Bidders *Andrews Building Service

Address

Amount

11503 Reeder Rd. Dallas, TX 75229

$18,187,934.00

3 H Service System, Inc.

2030 Avenue G Plano, TX 75074

$18,998,980.40

Member's Building Maintenance, LLC

11363 Denton Dr. Dallas, TX 75229

$19,338,000.00

CTJ Maintenance

6565 N. MacArthur Blvd.

Irving, TX 75039

$21,880,917.00

UBM Enterprise, Inc.

11102 Ables Ln. Dallas, TX 75229

$22,891,347.88

OWNER Andrews Building Service Peter Kim, President Luis Ortiz, Vice President

Agenda Date 08/14/2013 - page 3

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a five-year service contract for janitorial and event set up services at the Kay Bailey Hutchison Convention Center Dallas - Andrews Building Service, lowest responsible bidder of five - Not to exceed $18,187,934 - Financing: Convention and Event Services Current Funds (subject to annual appropriations) Andrews Building Service is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor.

PROJECT CATEGORY: Other Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$13,277,191.82 $4,910,742.18

73.00% 27.00%

------------------------

------------------------

TOTAL CONTRACT

$18,187,934.00

100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local

Certification

Andrews Building Service

PMMB58339N0814

Total Minority - Local

Amount

Percent

$13,277,191.82

100.00%

------------------------

------------------------

$13,277,191.82

100.00%

Amount

Percent

Non-Local Contractors / Sub-Contractors Non-local

Certification

Diversified Chemical and Supply, Inc.

WFWB58220Y0714

Total Minority - Non-local

$4,910,742.18

100.00%

------------------------

------------------------

$4,910,742.18

100.00%

TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$0.00 $0.00 $13,277,191.82 $0.00 $0.00

0.00% 0.00% 100.00% 0.00% 0.00%

$0.00 $0.00 $13,277,191.82 $0.00 $4,910,742.18

0.00% 0.00% 73.00% 0.00% 27.00%

----------------------

----------------------

----------------------

-----------------------

Total

$13,277,191.82

100.00%

$18,187,934.00

100.00%

COUNCIL CHAMBER

August 14, 2013 WHEREAS, on December 12, 2007, City Council authorized a thirty-six-month service contract for janitorial services at the Dallas Convention Center, Reunion Arena and Farmers Market by Resolution No. 07-3742; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is authorized to execute a service contract with Andrews Building Service (356444) for janitorial and event set up services at the Kay Bailey Hutchison Convention Center Dallas for a term of five years in an amount not to exceed $18,187,934.00, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Andrews Building Service shall be based only on the amount of the services directed to be performed by the City and properly performed by Andrews Building Service under the contract.

Section 2. That the City Controller is authorized to disburse funds in an amount not to exceed $18,187,934.00 (subject to annual appropriations).

Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

ADDENDUM ITEM # 3 KEY FOCUS AREA:

Public Safety

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Office of Emergency Management

CMO:

Charles Cato, 670-9194

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize the acceptance of additional grant funds from the U.S. Department of Homeland Security under the 2010 Buffer Zone Protection Plan grant to provide funding for costs associated with securing critical infrastructure and key resource sites to prevent acts of terrorism within the City for the period June 1, 2010 through August 15, 2013 - Not to exceed $50,000, from $950,000 to $1,000,000 - Financing: U.S. Department of Homeland Security Grant Funds BACKGROUND In February 2011, the City of Dallas was awarded $950,000.00 from the Department of Homeland Security (DHS) under the Buffer Zone Protection Plan (BZPP) grant program to provide funding to reduce vulnerabilities of critical infrastructure and key resource sites throughout the City of Dallas.

Funding from the BZPP grant is reserved for the acquisition and use of materials, equipment, and resources pre-approved by DHS, and coordinated with the State Administrative Agency (SAA) in the Governor’s Division of Emergency Management.

Recently, the SAA has identified additional BZPP funds to be distributed to jurisdictions that had previously received a BZPP 2010 award. As a previously identified grantee, the City of Dallas is eligible for $50,000 of these additional funds.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSION) City Council authorized the acceptance of 2010 Buffer Zone Protection Plan Grant Funds on March 9, 2011, by Resolution No 11-0684.

FISCAL INFORMATION $50,000.00 - U.S. Department of Homeland Security Grant Funds

COUNCIL CHAMBER

August 14, 2013 WHEREAS, the U.S. Department of Homeland Security has made funding available to the City of Dallas to be used for costs associated with securing critical infrastructure and key resource sites to prevent acts of terrorism within the City of Dallas; and WHEREAS, grant funds have been awarded to the City of Dallas to such equipment to protect critical infrastructure and key resources; and WHEREAS, the City of Dallas will benefit from increased law enforcement capabilities to safeguard and minimize potential for terrorist attacks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to accept additional U.S. Department of Homeland Security grant funds to provide funding for costs associated with securing critical infrastructure and key resource sites to prevent acts of terrorism within the City for the period June 1, 2010 through August 15, 2013, in an amount not to exceed $50,000.00.

Section 2. That the City Manager is authorized to increase appropriations by $50,000.00 in Fund F323, Department MGT, Unit 1407, Object Code 3099, from $950,000.00 to $1,000,000.00.

Section 3. That the City Controller is authorized to deposit U.S Department of Homeland Security grant funds in Fund F323, Department MGT, Unit 1407, Revenue Source 6506, not to exceed $50,000.00.

Section 4. That the City Controller is authorized to disburse funds from Fund F323, Department MGT, Unit 1407, Object Code 3099, not to exceed $50,000.00.

Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provision of the Charter of the City of Dallas, and it is accordingly so resolved.

ADDENDUM ITEM # 4 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Public Works Department Water Utilities

CMO:

Jill A. Jordan, P.E., 670-5299 Forest E. Turner, 670-3390

MAPSCO:

44T ________________________________________________________________

SUBJECT Authorize a contract with Texas Standard Construction, Ltd., lowest responsible bidder of four, for the construction of thoroughfare, water and wastewater main improvements for Sylvan Avenue from the IH-30 westbound frontage road to Fort Worth Avenue - Not to exceed $1,514,176 - Financing: General Obligation Commercial Paper Funds ($1,054,847), Water Utilities Capital Construction Funds ($6,460) and Water Utilities Capital Improvement Funds ($452,869) BACKGROUND A professional services contract with Walter P. Moore Associates, Inc. for the engineering design for Sylvan Avenue from the IH-30 westbound frontage road to Fort Worth Avenue was authorized by City Council on December 13, 2006, by Resolution No. 06-3439. This action will authorize a contract with Texas Standard Construction, Ltd. for the thoroughfare, water and wastewater main improvements for Sylvan Avenue from the IH-30 westbound frontage road to Fort Worth Avenue. This project is included in the 2006 Bond Program.

Street improvements will consist of a four lane, divided, reinforced concrete pavement roadway with one adjacent parking lane, bike lanes, sidewalks, storm drainage, streetscape, lighting, traffic signal, water and wastewater improvements.

BACKGROUND (Continued) The following chart shows Texas Standard Construction, Ltd. completed contractual activities for the past three years: PBW

WTR

PKR

9 1 0 0

0 0 0 0

4 4 0 0

Projects Completed Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

January 2012 July 2013 September 2013 July 2014

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract for engineering services on December 13, 2006, by Resolution No. 06-3439.

FISCAL INFORMATION 2006 Bond Program (General Obligation Commercial Paper Funds) - $1,054,846.70 Water Utilities Capital Construction Funds - $6,460.00 Water Utilities Capital Improvement Funds - $452,868.50 Design - PBW Design - WTR Construction Paving & Landscaping - PBW Water & Wastewater - WTR

$ 158,335.00 $ 17,860.00

Total Project Cost

$1,690,370.20

$1,054,846.70 $ 459,328.50

M/WBE INFORMATION See attached.

Agenda Date 08/14/2013 - page 2

ETHNIC COMPOSITION Texas Standard Construction, Ltd. Hispanic Female African-American Female Other Female White Female

2 0 0 3

Hispanic Male African-American Male Other Male White Male

58 0 0 8

BID INFORMATION The following bids with quotes were received and opened on August 1, 2013: *Denotes successful bidder(s) BIDDERS

BID AMOUNT

*Texas Standard Construction, Ltd. P. O. Box 210768 Dallas, Texas 75211 Jeske Construction Company Tiseo Paving Company Ed Bell Construction Company

$1,514,175.20

$1,983,136.50 $2,025,229.82 $2,211,678.57

Engineer's Estimate: PBW - $ 950,724 WTR - $ 500,000 Total

$1,450,724

OWNER Texas Standard Construction, Ltd. Ronald H. Dalton, President MAP Attached.

Agenda Date 08/14/2013 - page 3

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract with Texas Standard Construction, Ltd., lowest responsible bidder of four, for the construction of thoroughfare, water and wastewater main improvements for Sylvan Avenue from the IH-30 westbound frontage road to Fort Worth Avenue - Not to exceed $1,514,176 - Financing: General Obligation Commercial Paper Funds ($1,054,847), Water Utilities Capital Construction Funds ($6,460) and Water Utilities Capital Improvement Funds ($452,869) Texas Standard Construction, Ltd. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor.

PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$1,514,175.20 $0.00

100.00% 0.00%

------------------------

------------------------

TOTAL CONTRACT

$1,514,175.20

100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local

Certification

Kenyatta Sand & Gravel

BMDB54458Y0813

Total Minority - Local

Amount

Percent

$412,926.50

27.27%

------------------------

------------------------

$412,926.50

27.27%

Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$412,926.50 $0.00 $0.00 $0.00 $0.00

27.27% 0.00% 0.00% 0.00% 0.00%

$412,926.50 $0.00 $0.00 $0.00 $0.00

27.27% 0.00% 0.00% 0.00% 0.00%

----------------------

----------------------

----------------------

-----------------------

Total

$412,926.50

27.27%

$412,926.50

27.27%

SYLVAN AVENUE FROM IH-30 FRONTAGE ROAD TO FORT WORTH AVENUE

[MAPSCO 44T)

COUNCIL CHAMBER

August 14, 2013 WHEREAS, on December 13, 2006, Resolution No. 06-3439 authorized a professional services contract with Walter P. Moore Associates, Inc. for the engineering design for Sylvan Avenue from the IH-30 westbound frontage road to Fort Worth Avenue; and, WHEREAS, bids were received on August 1, 2013, for the construction of thoroughfare, water and wastewater main improvements for Sylvan Avenue from IH-30 westbound frontage road to Fort Worth Avenue, as follows: BIDDERS Texas Standard Construction, Ltd. Jeske Construction Company Tiseo Paving Company Ed Bell Construction Company

BID AMOUNT $1,514,175.20 $1,983,136.50 $2,025,229.82 $2,211,678.57

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to execute a contract with Texas Standard Construction, Ltd. for the construction of thoroughfare, water and wastewater main improvements for Sylvan Avenue from the IH-30 westbound frontage road to Fort Worth Avenue in an amount not to exceed $1,514,175.20, this being the lowest responsible bid received as indicated by the tabulation of bids, after it has been approved as to form by the City Attorney.

Section 2. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Street and Transportation Improvements Fund Fund 2T22, Department PBW, Unit U801, Act. THRF Obj. 4510, Program #PB06U801, CT PBW06U801K1 Vendor #339573, in an amount not to exceed

$1,054,846.70

Water Construction Fund Fund 0102, Department DWU, Unit CW42, Act. RELP Obj. 3221, Program #713209X, Reporting W3GA, CT PBW713209EN Vendor #339573, in an amount not to exceed $ 3,760.00 Water Capital Improvement Fund Fund 2115, Department DWU, Unit PW42, Act. RELP Obj. 4550, Program #713209, Reporting W3GA, CT PBW713209CP Vendor #339573, in an amount not to exceed $ 351,305.50

COUNCIL CHAMBER

August 14, 2013 Wastewater Construction Fund Fund 0103, Department DWU, Unit CS42, Act. RELP Obj. 3222, Program #713210X, Reporting T2SC, CT PBW713210EN Vendor #339573, in an amount not to exceed $ 2,700.00 Wastewater Capital Improvement Fund Fund 2116, Department DWU, Unit PS42, Act. RELP Obj. 4560, Program #713210, Reporting T2SC, CT PBW713210CP Vendor #339573, in an amount not to exceed $ 101,563.00 Total in an amount not to exceed

$1,514,175.20

Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

ADDENDUM ITEM # 5 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

11

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

16S, T ________________________________________________________________

SUBJECT An ordinance abandoning portions of two water easements and a sanitary sewer easement to LMI Park Central, LLC, the abutting owner, containing a total of approximately 11,454 square feet of land, located near the intersection of Banner Drive and Coit Road - Revenue: $5,400 plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of portions of two water easements and a sanitary sewer easement to LMI Park Central, LLC, the abutting owner. The area will be included with the property of the abutting owner for a multi-family development.

The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.

FISCAL INFORMATION Revenue: $5,400, plus the $20 ordinance publication fee OWNER LMI Park Central, LLC Lennar Multifamily Investors, LLC Richard Beckwitt, President

MAPS Attached

Agenda Date 08/14/2013 - page 2

Hillcrest

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copyright© 2006 MAPSCO, Inc

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TRACT 1-WATER EASEMENT

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TRACT 2-WA TER EASEMENT TRACT 3-SANITARY SEWER EASEMENT

ORDINANCE NO. ____________ An ordinance providing for the abandonment and relinquishment of portions of two water easements and a sanitary sewer easement, located in City Block C/7731 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to LMI Park Central, LLC; providing for the terms and conditions of the abandonment, relinquishment and quitclaim made herein; providing for the conveyance of a new easement, to the City of Dallas and the relocation of existing facilities; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing a future effective date for the abandonment, relinquishment and quitclaim made herein; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of LMI Park Central, LLC, a Delaware limited liability company; hereinafter referred to as GRANTEE, deems it advisable to abandon, relinquish and quitclaim the City of Dallas' right, title and interest in and to the hereinafter described tracts of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portions of easements are no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to GRANTEE as hereinafter provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas hereby abandons and relinquishes all of its right, title and interest in and to the tracts of land described in Exhibit A, attached hereto and made a part hereof; subject, however, to the conditions and future effective date hereinafter more fully set out.

DS/39267

1

SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 ($5,400.00) DOLLARS paid by GRANTEE, and the further consideration described in Section 9, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, future effective date and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all its right, title and interest in and to those certain tracts or parcels of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever.

SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance.

SECTION 4.

That the City Controller is authorized to deposit the sum paid by

GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 8416.

SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.

SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns.

SECTION 7. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon, relinquish and quitclaim.

DS/39267

2

SECTION 8.

That as a condition of this abandonment and as a part of the

consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold whole and harmless the City of Dallas of, from and against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the areas set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the areas described in Exhibit A, which GRANTEE, its successors and assigns agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the areas set out in Exhibit A.

GRANTEE, its

successors and assigns hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous

substances”

under

the

Comprehensive

Environmental

Response,

Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any “chemical substance” under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder.

DS/39267

3

SECTION 9. That this abandonment, relinquishment and quitclaim of the City's right, title and interest in and to said portions of two water easements shall not become effective until and unless: (i) the existing installations and facilities are relocated, at GRANTEE's expense, to the new easement to be provided by GRANTEE and acceptable to the Director of Department of Sustainable Development and Construction, as is hereinafter provided; and (ii) plans for the construction and relocation of installations within the new easement are approved by the Director of Department of Sustainable Development and Construction; and (iii) said construction and relocation of installations are completed, approved and accepted in writing by the Director of Department of Sustainable Development and Construction. All work shall be done at the sole cost of GRANTEE and to the satisfaction of the Director of Department of Sustainable Development and Construction.

SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee.

Upon receipt of the monetary

consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee shall deliver to GRANTEE a certified copy of this ordinance.

The Director of Department of Sustainable Development and

Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage.

DS/39267

4

SECTION 11.

That this ordinance shall take effect immediately from and after its

passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained.

APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney

DAVID COSSUM Interim Director of Sustainable Development and Construction

B

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DS/39267

5

ABANDONMENT OF 10' WATER EASEMENT BLOCK C/7731, PARK CENTRAL VI EXHIBIT A-TRACT 1 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 6,557 square foot (0.1505 acre) tract of land located in the City of Dallas, Dallas County, Texas, part of the M.J. Sanchez Survey, Abstract No. 1272 and the Hiram Wilburn Survey, Abstract No. 1568, being part of Block C/7731, Park Central VI, an addition to the City of Dallas according to the plat thereof recorded in Volume 77167, Page 608, Deed Records, Dallas County, Texas, being part of that 21 .188 acre tract of land conveyed to LMI Park Central, LLC by Special Warranty Deed recorded as Instrument No. 201300096555, Official Public Records, Dallas County, Texas and being all of that 1o' wide Water Easement created by document recorded in Volume 77167, Page 608, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 1 /2" iron rod found for the northeast end of a right-of-way corner clip at the northwest corner of said Block C/7731, being the intersection of the south right-of-way line of Banner Drive (100' R.O.W.) and the east right-of-way line of Merit Drive (variable width R.O.W.); THENCE, along the north line of said Block C/7731 and the south line of Banner Drive, South 89 degrees 12 minutes 19 seconds East, a distance of 17.05 feet to the northwest corner of said 1O' Water Easement, the POINT OF BEGINNING, from which a 1/2" iron rod found bears South 89 degrees 12 minutes 19 seconds East, a distance of 799.23 feet; THENCE, continuing along said common line, South 89 degrees 12 minutes 19 seconds East, a distance of 10.12 feet to the northeast corner of said Water Easement; THENCE, departing the south line of Banner Drive, over and across said Block C/7731, and along the east and south lines of said Water Easement as follows: South 08 degrees 08 minutes 44 seconds East, a distance of 184. 13 feet; North 81 degrees 51 minutes 16 seconds East, a distance of 20.00 feet; South 08 degrees 08 minutes 44 seconds East, a distance of 10.00 feet; South 81 degrees 51 minutes 16 seconds West, a distance of 20.00 feet; South 08 degrees 08 minutes 44 seconds East, a distance of 59.91 feet; South 36 degrees 51 minutes 10 seconds West, a distance of 25.35 feet; South 81 degrees 51 minutes 16 seconds West, a distance of 37.37 feet; South 08 degrees 08 minutes 44 seconds East, a distance of 134.00 feet; North 81 degrees 51 minutes 16 seconds East, a distance of 15.00 feet; South 08 degrees 08 minutes 44 seconds East, a distance of 10.00 feet; South 81 degrees 51 minutes 16 seconds West, a distance of 25.00 feet; North 08 degrees 08 minutes 44 seconds West, a distance of 24.00 feet;

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SHEET1 OF4

EXHIBIT A-TRACT 1

ABANDONMENT OF 10' WATER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS

South 81 degrees 51 minutes 16 seconds West, a distance of 157.44 feet to a point in the west line of said Block C/7731; THENCE, along the west line of said Block C/773, North 08 degrees 10 minutes 40 seconds West, a distance of 10.00 feet; THENCE, departing said west line, over and across said Block C/7731, and along the north and west lines of said Water Easement as follows:

North 81 degrees 51 minutes 16 seconds East, a distance of 157.44 feet; North 08 degrees 08 minutes 44 seconds West, a distance of 120.00 feet; North 81 degrees 51 minutes 16 seconds East, a distance of 43.23 feet; North 36 degrees 51 minutes 10 seconds East, a distance of 17.07 feet; North 08 degrees 08 minutes 44 seconds West, a distance of 251.47 feet to the POINT OF BEGINNING and containing 6,557 square feet or 0.1505 acres of land more or less.

NOTE: The basis of bearings for the above legal description is the west line of Coit Road (South 00 degrees 44 minutes 55 seconds West), per deed recorded as Instrument No. 201300096555, Official Public Records, Dallas County, Texas.

Land Surveyor No. 5426

811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHEET2 OF4

ABANDONMENT OF 10' WATER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS

EXHIBIT A-TRACT 1

LEGEND 5/8" I.R.F.C. 0

50'

(C.M.) D.R.D.C.T. I.R.F. M.R.D.C.T. O.P.R.D.C.T.

100'

SEE LINE TABLE ON SHEET 4 SCALE: 1"=100' BASIS OF BEARINGS WEST R.O.W. UNE OF COIT ROAD s 00掳44'55" w (INSTRUMENT NO. 201300096555, O.P.R.D.C.T.)

s

89路12路19" E 17.05'

PG. P.O.B. P.O.C. R.O.W. VOL.

BANNER DRIVE

~P.O.B.

P.O.C.

5/8" IRON ROD FOUND WITH PLASTIC CAP STAMPED "R.P.L.S. 5199" CONTROLLING MONUMENT DEED RECORDS, DALLAS COUNTY, TEXAS IRON ROD FOUND MAP RECORDS, DALLAS, COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS PAGE POINT OF BEGINNING POINT OF COMMENCING RIGHT-OF-WAY VOLUME

/

(100' R.O.W.)

(VOLUME 77044, PAGE 785, D.R.D.C.T.)

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PART OF BLOCK C/7731 PARK CENTRAL VI (VOLUME 77167, PAGE 608, D.R.D.C.T.)

I; 10' WATER EASEMENT 6,557 SQUARE FEET (0.1505 ACRES) VOLUME 77167, PAGE 608, D.R.D.C.T TO BE ABANDONED

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811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantsinc.Com

SHEET3 OF4

EXHIBIT A-TRACT 1

ABANDONMENT OF 10' WATER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS

LINE TABLE NUMBER

L1 L2 L3 L4 L5 L6 L7 LB L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20

DIRECTION

DISTANCE

Is a9°12•19" s 08°08'44"

E E N 81°51'16" E s 08°08'44" E

s s s s s N

s s N

s N N N N N N

81°51'16" 08°08'44" 36°51 10 81°51'16" 08°08'44" 81°51'16" 08°08'44" 81°51'16" 08°08'44" 81°51'16" 08°10'40" 81°51'16" 08°08'44" 81°51'16" 36°51'10" 08°08'44" I

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10 .12 184 .13 20.00' 10.00' 20.00' 59.91 25.35' 37.37' 134.00' 15.00' 10.00' 25.00' 24.00' 157.44' 10.00' 157.44' 120.00' 43.23' 17.07' 251 .47' I

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811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHEET4 OF4

ABANDONMENT OF 10' WATER EASEMENT CITY BLOCK 7731 EXHIBIT A-TRACT 2 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 503 square foot (0.0116 acre) tract of land located in the City of Dallas, Dallas County, Texas, part of the M.J. Sanchez Survey, Abstract No. 1272 and the Hiram Wilburn Survey, Abstract No. 1568, part of City Block 7731, being part of that 21 .188 acre tract of land conveyed to LMI Park Central, LLC by Special Warranty Deed recorded as Instrument No. 201300096!:?55, Official Public Records, Dallas County, Texas and being all of that 10' wide Water Easement and Appurtenances created by document recorded in Volume 80143, Page 797, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 1 /2" iron rod found for the southwest end of a right-of-way corner clip at the northwest corner of Block C/7731, Park Central VI, an addition to the City of Dallas according to the plat thereof recorded in Volume 77167, Page 608, Deed Records, Dallas County, Texas, being the intersection of the south right-of-way line of Banner Drive (100' R.O.W.) and the east right-of-way line of Merit Drive (variable width R.O.W.), the beginning of a non-tangent curve to the left; THENCE, along the east line of Merit Drive and the west line of said 21.188 acre tract as follows: Along said curve to the right through a central angle of 38 degrees, 02 minutes 12 seconds, a radius of 595.13 feet, an arc length of 395.09 feet, and a chord bearing of South 20 degrees 45 minutes 47 seconds West, and a chord distance of 387.87 feet to a 1/2" iron rod found; South, 39 degrees 46 minutes 50 seconds West, a distance of 48.72 feet to a 1/2" iron rod found, the beginning of a tangent curve to the left; Along said curve to the left through a central angle of 00 degrees 49 minutes 17 seconds, a radius of 550. 00 feet, an arc length 7. 89 feet a chord bearing of South 39 degrees 22 minutes 11 seconds West, and a chord distance of 7.89 feet to the POINT OF BEGINNING; THENCE, departing the east line of Merit Drive, over and across said 21.188 acre tract as follows: North 81 degrees 49 minutes 20 seconds East, a distance of 45.02 feet to the west line of Block C, Park Central VI, an addition to the City of Dallas as recorded in Volume 77167, Page 608, Deed Records, Dallas County, Texas; South 08 degrees 1O minutes 40 seconds East, with said west line of said Block C, a distance of 10.00 feet;

811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHEET 1 OF4

EXHIBIT A-TRACT 2

ABANDONMENT OF 10' WATER EASEMENT CITY BLOCK 7731 CITY OF DALLAS, DALLAS COUNTY, TEXAS

THENCE, departing said west line, South 81 degrees 49 minutes 20 seconds West, a distance of 55. 52 feet to a point in the east line of Merit Drive and the west line of said 21. 188 acre tract, the beginning of a non-tangent curve to the right; THENCE, along said curve to the right through a central angle of 01 degrees 30 minutes 36 seconds, a radius of 550.00 feet, an arc length of 14.50 feet and a chord bearing of North 38 degrees 12 minutes 14 seconds East and a chord distance of 14.50 feet to the POINT OF BEGINNING and containing 503 square feet or 0.0116 acres of land more or less.

NOTE: The basis of bearings for the above legal description is the west line of Coit Road (South oo degrees 44 minutes 55 seconds West), per deed recorded as Instrument No, 201300096555, Official Public Records, Dallas County, Texas.

No. 5426

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811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHEET2 OF4

ABANDONMENT OF 10' WATER EASEMENT CITY BLOCK 7731 CITY OF DALLAS, DALLAS COUNTY, TEXAS LE~IW~IT A-TRACT 2 5/8" I.R.F.C.

SCALE: 1"=100'

(C.M.) D.R.D.C.T. I .R.F. M.R.D.C.T. O.P.R.D.C.T.

BASIS OF BEARINGS WEST R.O.W. LINE OF COIT ROAD s 00°44'55" w (INSTRUMENT NO. 201300096555, O.P.R.D.C.T.)

PG. P.O.B. P.O.C. R.O.W.

5/8" IRON ROD FOUND WITH PLASTIC CAP STAMPED "R.P.L.S. 5199" CONTROLLING MONUMENT DEED RECORDS, DALLAS COUNTY, TEXAS IRON ROD FOUND MAP RECORDS, DALLAS, COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS PAGE POINT OF BEGINNING POINT OF COMMENCING RIGHT -OF -WAY

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(100' R.O.W.) (VOLUME 77044, PAGE 785, D.R.D.C.T.)

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/ 811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHEET3 OF4

EXHIBIT A-TRACT 2

ABANDONMENT OF 10' WATER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS

LINE TABLE NUMBER

u L2 L3 L4

DIRECTION s 39°46'50" N 81°49'20" s 08°10'40" s 81°49'20"

2'

CURVE TABLE NUMBER C1 C2 C3

DELTA 38°02'12" 00°49'17" 01°30'36"

RADIUS 595 .13' 550.00' 550.00'

LENGTH CHORD BEARING 395.09' s 20°45'47" w 7.89' s 39°22'11" w 14.50' N 38°12 14" E I

CHORD 387.87' 7.89' 14.50'

SCI

811 E, Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantsinc.Com

SHEET4 OF4

ABANDONMENT OF 10' SANITARY SEWER EASEMENT BLOCK C/7731' PARK CENTRAL VI EXHIBIT A TRACT 3 CITY OF DALLAS, DALLAS COUNTY, TEXAS â&#x20AC;˘ BEING a 4,394 square foot (0.1009 acre) tract of land located in the City of Dallas, Dallas County, Texas, part of the M.J. Sanchez Survey, Abstract No. 1272 and the Hiram Wilburn Survey, Abstract No. 1568, being part of Block C/7731, Park Central VI, an addition to the City of Dallas according to the plat thereof recorded in Volume 77167, Page 608, Deed Records, Dallas County, Texas, being part of that 21 .188 acre tract of land conveyed to LMI PARK CENTRAL, LCC by Special Warranty Deed recorded as Instrument No. 201300096555, Official Public Records, Dallas County, Texas and being all of a 10' wide Sanitary Sewer Easement created by plat recorded in Volume 77167, Page 608, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 1/2" iron rod found at the northeast corner of said Park Central VI, being the northeast corner of said Block C/7731, and being the intersection of the south right-of-way line of Banner Drive (100' R.O.W.) and the west right-of-way line of Coit Road (100' R.O.W.); THENCE, along the east line of said Park Central VI and the west line of Coit Road, South 00 degrees 44 minutes 55 seconds West, a distance of 238.13 feet to the POINT OF BEGINNING; THENCE, of Coit feet to minutes

continuing along the east line of said Park Central VI and the west line Road, South 00 degrees 44 minutes 55 seconds West, a distance of 1o .12 a point from which a 5/8" iron rod found bears South oo degrees 44 55 seconds West, a distance of 492.54 feet;

THENCE, departing the west right-of-way line of Coit Road, over and across said Park Central VI as follows: South 81 degrees 51 minutes 16 seconds West, a distance of 408.62 feet; South 08 degrees 08 minutes 44 seconds East, a distance of 20.00 feet; 81 degrees 51 minutes 16 seconds West, a distance of 10.00 feet; 08 degrees 08 minutes 44 seconds West, a distance of 30.00 feet; North 81 degrees 51 minutes 16 seconds East, a distance of 420 .18 feet to the POINT OF BEGINNING and containing 4,394 square feet or 0.1009 acres of land more or less.

NOTE: The basis of bearings for the above legal description is the west line of Coit Road (South 00 degrees 44 minutes 55 seconds West), per deed recorded as Instrument No. 201300096555, Official Public Records, Dallas County, Texas.

Land Surveyor No. 5426

SCI

811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHEET1 OF2

ABANDONMENT OF 10' SANITARY SEWER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS EXHIBIT A-TRACT 3

LEGEND 5/8" I.R.F.C. 0

50'

(C.M.) D.R.D.C.T. I.R.F. M.R.D.C.T. O.P.R.D.C.T.

100'

SCALE: 1"=100'

BASIS OF BEARINGS WEST R.O.W. LINE OF COIT ROAD s 00°44'55" w (INSTRUMENT NO. 201300096555, O.P.R.D.C.T.)

PG. P.O.B. P.O.C. R.O.W. VOL.

5/8" IRON ROD FOUND WITH PLASTIC CAP STAMPED "R.P.L.S. 5199" CONTROLLING MONUMENT DEED RECORDS, DALLAS COUNTY, TEXAS IRON ROD FOUND MAP RECORDS, DALLAS, COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS PAGE POINT OF BEGINNING POINT OF COMMENCING RIGHT-OF-WAY VOLUME

PART OF 21.188 ACRES LMI PARK CENTRAL, LLC (INSTRUMENT NO. 201300096555, O.P.R.D.C.T.) /

BLOCK C/7731 PARK CENTRAL VI (VOLUME 77167, PAGE 608, D.R.D.C.T.)

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10' SANITARY SEWER EASEMENT 4,394 SQUARE FEET (0.1009 ACRES) VOLUME 77167, PAGE 608, D.R.D.C.T. TO BE ABANDONED

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BLOCK D/7731 p

5/8" l.R.F. (C.M.)

William J. Registered

Land Surveyor No. 5426

811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHEET2 OF2

ADDENDUM ITEM # 6 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

36J ________________________________________________________________

SUBJECT An ordinance abandoning a portion of a utility easement to LMI Glencoe Dallas, LLC, the abutting owner, containing approximately 4,572 square feet of land, located near the intersection of Glencoe Street and Ellsworth Avenue - Revenue: $5,400, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of a utility easement to LMI Glencoe Dallas, LLC, the abutting owner. The area will be included with the property of the abutting owner for a multi-family development. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.

FISCAL INFORMATION Revenue: $5,400, plus the $20 ordinance publication fee OWNER LMI Glencoe Dallas, LLC Lennar Multifamily Investors, LLC Richard Beckwitt, President

MAPS Attached

Agenda Date 08/14/2013 - page 2

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ORDINANCE NO. ____________ An ordinance providing for the abandonment and relinquishment of a portion of a utility easement located in City Block T/2922 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to LMI Glencoe Dallas, LLC; providing for the terms and conditions of the abandonment, relinquishment and quitclaim made herein; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of LMI Glencoe Dallas, LLC, a Texas limited liability corporation; hereinafter referred to as GRANTEE, deems it advisable to abandon, relinquish and quitclaim the City of Dallas' right, title and interest in and to the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said easement is no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to GRANTEE as hereinafter provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas hereby abandons and relinquishes all of its right, title and interest in and to the tract of land described in Exhibit A, attached hereto and made a part hereof; subject, however, to the conditions hereinafter more fully set out.

SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 ($5,400.00) DOLLARS paid by GRANTEE, and the further consideration described in Section 8, the City of Dallas does by these presents

GM/39263

1

FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all its right, title and interest in and to that certain tract or parcel of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever.

SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance.

SECTION 4.

That the City Controller is authorized to deposit the sum paid by

GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 8416.

SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.

SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns.

SECTION 7. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon, relinquish and quitclaim.

GM/39263

2

SECTION 8.

That as a condition of this abandonment and as a part of the

consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold whole and harmless the City of Dallas of, from and against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A, (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A.

GRANTEE, its

successors and assigns hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous

substances”

under

the

Comprehensive

Environmental

Response,

Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any “chemical substance” under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder.

GM/39263

3

SECTION 9. That this abandonment, relinquishment and quitclaim of the City's right, title and interest in and to said easement shall not become effective until and unless: (i) the existing installations and facilities are relocated, at GRANTEE's expense, to the new easement, if needed to be provided by GRANTEE and acceptable to the Director of Department of Sustainable Development and Construction, as is hereinafter provided; and (ii) plans for the construction and relocation of installations within the new easement are approved by the Director of Department of Sustainable Development and Construction; and (iii) said construction and relocation of installations are completed, approved and accepted in writing by the Director of Department of Sustainable Development and Construction. All work shall be done at the sole cost of GRANTEE and to the satisfaction of the Director of Department of Sustainable Development and Construction.

SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee.

Upon receipt of the monetary

consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee shall deliver to GRANTEE a certified copy of this ordinance.

The Director of Department of Sustainable Development and

Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage.

GM/39263

4

SECTION 11.

That this ordinance shall take effect immediately from and after its

passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained.

APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney

DAVID COSSUM Interim Director of Department of Sustainable Development and Construction

Assistant City Attorney

GM/39263

5

ABANDONMENT OF 10' UTILITY EASEMENT LOT 5, BLOCK T/2922, SUBDIVISION OF PART OF BLOCK T/2922 OF INTERURBAN HILLS ADDITION CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 4,572 square foot (0.1050 acre) tract of land located in the City of Dallas, Dallas County, Texas, part of the John W. Smith Survey, Abstract No. 1334, being part of Lot 5, Block T/2922, Subdivision of Part of City Block T/2922 of Interurban Hills Addition, an addition to the City of Dallas as recorded in Volume 41, Page 113, Map Records, Dallas County, Texas, being part of the tract of land conveyed to LMI Glencoe Dallas, LLC by Special Warranty Deed recorded as Instrument No. 201300076900, Official Public Records, Dallas County, Texas, being a portion of an existing 1O' wide Utility Easement recorded in Volume 41, Page 113, Map Records, Dallas County, Texas and in Volume 5234, Page 503, Deed Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 5/8" iron rod with cap stamped "RPLS 5199" found for the southwest corner of said Lot 5, being the northwest corner of Lot 1, Block U/2923 A. L. Bateman's Subdivision as recorded in Volume 38, Page 61, Map Records, Dallas County, Texas, being in the east right-of-way line of Glencoe Street (60' R.O.W.); THENCE, along the west line of said Lot 5 and the east line of Glencoe Street, North 00 degrees 05 minutes 00 seconds West, a distance of 10.00 feet to a point in the most westerly north line of said 10' Utility Easement, from which a 5/8" iron rod with cap stamped "RPLS 5199" found bears North 00 degrees 05 minutes 00 seconds West, a distance of 198.62 feet; THENCE, departing the east line of Glencoe and along the northerly and westerly lines of said Utility Easement as follows: North 89 degrees 52 minutes 31 seconds East, a distance of 218.00 feet; North 44 degrees 53 minutes 45 seconds East, a distance of 21.22 feet; North oo degrees 05 minutes 00 seconds West, a distance of 156.55 feet; North 45 degrees 05 minutes 46 seconds West, a distance of 24.04 feet to a point in a southerly line of said Utility Easement; THENCE, along the southerly line of said Utility Easement, North 89 degrees 53 minutes 28 seconds East, a distance of 27.00 feet to a point in the easterly line of said Utility Easement; THENCE, minutes of said of said

along the easterly line of said Utility Easement, South 00 degrees 05 00 seconds East, a distance of 198.55 feet to a point in the south line Lot 5, the north line of said Lot 1, Block U/2923, and a southerly line Utility Easement;

THENCE, along said common line, South 89 degrees 52 minutes 31 seconds West, a distance of 243. 00 feet to the POINT OF BEGINNING and containing 4, 572 square feet or 0.1050 acres of land more or less.

NOTE: The basis of bearings for the above legal description is the east right-of â&#x20AC;˘way line of Glencoe Street (North oo degrees 05 minutes 00 seconds West), per plat recorded in Volume 41 , Page 113, Map Records, Dallas County, Texas.

SCI

811 E. Plano Parkway Suite 117 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHFET1 OF;!

EXHIBIT

ABANDONMENT OF 10' UTILITY EASEMENT LOT 5, BLOCK T/2922, SUBDIVISION OF PART OF BLOCK T/2922 OF INTERURBAN HILLS ADDITION CITY OF DALLAS, DALLAS COUNTY, TEXAS BASIS OF BEARINGS EAST R.O.W. LINE OF GLENCOE STREET N 00°05'00" W (VOLUME 41, PAGE 113, M.R.D.C.T.) 30'

0

60'

SCALE: 1"=60'

ELLSWORTH AVENUE - (50' R.O.W.)

LEGEND 5/8" IRON ROD FOUND WITH PLASTIC CAP STAMPED "R.P.L.S. 5199" CONTROLLING MONUMENT DEED RECORDS, DALLAS COUNTY, TEXAS IRON ROD FOUND INSTRUMENT NUMBER MAP RECORDS, DALLAS, COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS PAGE POINT OF BEGINNING RIGHT-OF-WAY VOLUME

5/8" I.R.F.C. (C.M.) D.R.D.C.T. I.R.F. INST. NO. M.R.D.C.T. O.P.R.D.C.T. PG. P.O.B. R.O.W. VOL. -

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(VOL. 1, PG. 187, M.R.D.C.T.)

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Land Surveyor No. 5426

5/8" l.R.F.C.

8 I I E. Plano Parkway Suite I 17 Plano, Texas 75074 (972) 424-7002 Voice (972) 633-1702 Fax WWW.SurveyConsultantslnc.Com

SHEET2

0£2

ADDENDUM ITEM # 7 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

4

DEPARTMENT:

Trinity Watershed Management

CMO:

Jill A. Jordan, P.E., 670-5299

MAPSCO:

55 D & 56 A ________________________________________________________________

SUBJECT Authorize a professional services contract with Modern Geosciences, LLC for assistance with the preparation of the soil remediation and municipal setting designation for the Upper Chain of Wetlands Project - Not to exceed $73,950 - Financing: 1998 Bond Funds BACKGROUND The Upper Chain of Wetlands (UCOW) will be constructed by the U.S. Army Corps of Engineers (Corps) on a site located within the Dallas Floodway Extension on the west side of the Trinity River between the Cedar Crest Boulevard Bridge and the Central Wastewater Treatment Plant. Previous subsurface investigations revealed elevated soil concentrations of lead above the regulatory limits set by the state regulatory agency, Texas Commission on Environmental Quality, (TCEQ). A Municipal Site Designation (MSD) application for this area is planned to allow higher soil concentrations of lead at this site.

The engineering design for this soil remediation project will be done by Pacheco Koch Consulting Engineers. The proposed contract with Modern Geosciences, LLC (Modern) is to assist the City with the remediation design, performance of a soil treatability study, and finalizing the Soil Management Plan (SMP) for the UCOW as required by TCEQ. The Corps requires TCEQ approval of the SMP before construction of UCOW can begin.

Also, Modern is to prepare the TCEQ Voluntary Cleanup Program (VCP) documents for the 17-acre former Union Pacific Railroad property that is within the UCOW construction footprint. Participation in VCP is integral to meeting TCEQ requirements for a Municipal Setting Designation (MSD) for UCOW. As directed by TCEQ and supported by the Corps, UCOW construction requires approval of an MSD. Modern has unique knowledge and experience with this site and in receiving necessary TCEQ approval for the proposed work in advance of the Corps construction of UCOW.

BACKGROUND (Continued) The soil remediation and MSD must be complete by January 2014 in order for the Corps to begin the construction of the UCOW Cells A, B, and C. ESTIMATED SCHEDULE OF PROJECT Begin Design Complete Design

August 2013 September 2013

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.

FISCAL INFORMATION 1998 Bond Funds - $73,950.00 Design Construction

$ 73,950.00 $6,000,000.00 (est)

Total Project Cost

$6,073,950.00

M/WBE INFORMATION See attached.

ETHNIC COMPOSITION Modern Geosciences, LLC Hispanic Female African-American Female Other Female White Female

0 0 1 4

Hispanic Male African-American Male Other Male White Male

0 0 0 6

OWNER Modern Geosciences, LLC Kenneth Tramm, Principal MAP Attached.

Agenda Date 08/14/2013 - page 2

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a professional services contract with Modern Geosciences, LLC for preparation of the soil remediation and municipal setting designation for the Upper Chain of Wetlands Project in an amount not to exceed $73,950 - Financing: 1998 Bond Funds Modern Geosciences, LLC is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.

PROJECT CATEGORY: Professional Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$6,000.00 $67,950.00

8.11% 91.89%

------------------------

------------------------

TOTAL CONTRACT

$73,950.00

100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local

Certification

B & A Laboratories, Inc. dba XENCO Laboratories

HMMB55370Y1013

Total Minority - Local

Amount

Percent

$6,000.00

100.00%

------------------------

------------------------

$6,000.00

100.00%

Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$0.00 $6,000.00 $0.00 $0.00 $0.00

0.00% 100.00% 0.00% 0.00% 0.00%

$0.00 $6,000.00 $0.00 $0.00 $0.00

0.00% 8.11% 0.00% 0.00% 0.00%

----------------------

----------------------

----------------------

-----------------------

Total

$6,000.00

100.00%

$6,000.00

8.11%

(Mapsco 55-D, 56-A)

COUNCIL CHAMBER

August 14, 2013 WHEREAS, the US Army Corps of Engineers (Corps) completed the Environmental Impact Statement (EIS) for the Dallas Floodway Extension in 1999; and, WHEREAS, the Corps and City of Dallas (City) entered into a construction agreement for cost sharing following the EIS; and, WHEREAS, the City is responsible for providing non-contaminated lands to construct the Upper Chain of Wetlands Project; and, WHEREAS, a plan is required for removal of contaminated soils and complete a municipal site designation in the project area of the Upper Chain of Wetlands; and, WHEREAS, it is now necessary to authorize a professional services contract with Modern Geosciences, LLC for assistance with the preparation of the soil remediation and municipal setting designation for the Upper Chain of Wetlands.

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to execute a professional services contract with Modern Geosciences, LLC for the preparation of the soil remediation and municipal setting designation for the Upper Chain of Wetlands Project in an amount not to exceed $73,950.

Section 2. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contracts from: 1998 Bond Fund Fund 5P14, Dept. TWM, Unit N962, Act. TRPP Obj. 4113, Program PB98N962, CT PBW98N962L5 Vendor # VS63453, in an amount not to exceed

$45,000.00

1998 Bond Fund Fund 5P14, Dept. TWM, Unit N962, Act. TRPP Obj. 4113, Program PB98N962, CT PBW98N962L4 Vendor # VS63453, in an amount not to exceed

$28,950.00

Total in an amount not to exceed

$73,950.00

COUNCIL CHAMBER

August 14, 2013 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

KEY FOCUS AREA:

ADDENDUM ITEM # 8 Efficient, Effective and Economical Government

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

City Secretary

CMO:

Rosa A. Rios, 670-3738

MAPSCO:

N/A ________________________________________________________________

SUBJECT A resolution designating absences by Councilmember Scott Griggs as being for "official city business" - Financing: No cost consideration to the City BACKGROUND Chapter III, Section 4(e) of the Dallas City Charter provides in part, "If any city council member, including the mayor, misses more than 10 percent of the total number of regular meetings held by the city council during any compensation year, then the city council member's compensation...for that year will be reduced proportionately by the percentage of meetings missed.... Meetings missed by a city council member while he or she is on the official business of the city council and at the direction of the city council will not be counted towards the percentage of missed meetings for which compensation reduction is required... but will be counted as though the member had attended the meetings that are missed while so engaged in city business."

Section 4.11(b) of the City Council Rules of Procedure provides that an absence by a council member for (1) attending a meeting or conference of a professional organization of or association of municipalities or municipal officers, (2) testifying at a legislative hearing at the request of the mayor, the city council, the chair of the council's legislative affairs committee or the city manager, or (3) attending a meeting of a board, commission, or committee to which the council member has been appointed by the mayor or the city council, will automatically be deemed to be for "official city business at the direction of the city council" and will not be counted against a city council member for purposes of determining the council member's annual compensation.

BACKGROUND (Continued) Section 4.11(c) of the City Council Rules of Procedure provides that, in addition to those absences automatically considered to be on "official city business at the direction of the city council" under Section 4.11(b) above, the city council may by resolution designate whenever a council member's absence is for official city business and not counted as a missed meeting for purposes of determining the council member's annual compensation under Chapter III, Section 4 of the Dallas City Charter.

The proposed resolution authorizes and directs the city secretary to amend the minutes of city council meetings, without further city council action or approval, to reflect when the absences by designated council members have been deemed by the city council to be for "official city business."

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.

FISCAL INFORMATION No cost consideration to the City.

Agenda Date 08/14/2013 - page 2

COUNCIL CHAMBER

August 14, 2013 WHEREAS, Chapter III, Section 4(e) of the Dallas City Charter provides in part, "If any city council member, including the mayor, misses more than 10 percent of the total number of regular meetings held by the city council during any compensation year, then the city council member’s compensation... for that year will be reduced proportionately by the percentage of meetings missed.... Meetings missed by a city council member while he or she is on the official business of the city council and at the direction of the city council will not be counted towards the percentage of missed meetings for which compensation reduction is required... but will be counted as though the member had attended the meetings that are missed while so engaged in city business"; and WHEREAS, Section 4.11(b) of the City Council Rules of Procedure provides that an absence by a council member for (1) attending a meeting or conference of a professional organization of or association of municipalities or municipal officers, (2) testifying at a legislative hearing at the request of the mayor, the city council, the chair of the council's legislative affairs committee or the city manager, or (3) attending a meeting of a board, commission, or committee to which the council member has been appointed by the mayor or the city council, will automatically be deemed to be for "official city business at the direction of the city council" and will not be counted against a city council member for purposes of determining the council member’s annual compensation; and WHEREAS, Section 4.11(c) of the City Council Rules of Procedure provides that, in addition to those absences automatically considered to be on "official city business at the direction of the city council" under Section 4.11(b) above, the city council may by resolution designate whenever a council member’s absence is for official city business and not counted as a missed meeting for purposes of determining the council member’s annual compensation under Chapter III, Section 4 of the Dallas City Charter; and WHEREAS, Councilmember Scott Griggs participated in events and/or meetings, as described in Exhibit A attached, which required him to miss all or part of one or more city council meeting(s) or committee meeting(s) on the date(s) noted in Exhibit A; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

COUNCIL CHAMBER

August 14, 2013 SECTION 1. That, in accordance with Chapter III, Section 4(e) of the Dallas City Charter and Section 4.11(c) of the City Council Rules of Procedure, the events and/or meetings described in Exhibit A, attached, are hereby deemed to be for "official city business," and any absences from city council meeting(s) and/or city council committee meeting(s), on the date(s) noted in Exhibit A, by Councilmember Scott Griggs because of his participation in any event(s) and/or meeting(s) will not be counted against him in determining his annual compensation under Chapter III, Section 4 of the Dallas City Charter.

SECTION 2. That, in accordance with Section 4.11(a) of the City Council Rules of Procedure, the City Secretary shall maintain a record of these absences on official city business so that such absences will not count against Councilmember Scott Griggs in determining his annual compensation under Chapter III, Section 4 of the Dallas City Charter.

SECTION 3. That the City Secretary is authorized and directed to amend the minutes of each city council meeting held on the dates specified in Exhibit A, if applicable, to reflect that the absences by Councilmember Scott Griggs, as described in Exhibit A, were for "official city business," and no further city council action or approval of those minutes is required.

SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.

EXHIBIT A CITY COUNCIL MEMBER(S) REQUEST ABSENT AS OFFICIAL CITY BUSINESS

COUNCILMEMBER Scott Griggs

Scott Griggs

TRIP/EVENT Meeting with a developer from Houston, Texas on a project Attended the Jefferson Boulevard Merchant's Association Meeting

LOCATION Dallas, TX

DATE 4/24/2013

Dallas, TX

5/01/2013

MEETING(S) MISSED PURPOSE Representing District 1 City Council Voting Agenda Meeting (formerly District 3) Representing the City of Dallas

OFFICE OF THE CITY SECRETARY C:\l Jscrs \chcryl.nichols\AppData\Local\M icrosofl\Windows\T i:mporary Internet Fiico, \Contcnt.Outlook\TX WY K XE3\ATl'EN DANCE EXHIBIT.doc

City Council Briefing Meeting

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DALLAS, TEXAS

AGENDA ITEM # 54 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

7

DEPARTMENT:

Trinity Watershed Management City Attorney's Office

CMO:

Jill A. Jordan, P.E., 670-5299 Thomas P. Perkins, Jr., 670-3491

MAPSCO:

557 U & Y ________________________________________________________________

SUBJECT Authorize the (1) deposit of the amount awarded by the Special Commissioners in the lawsuit styled City of Dallas v. Rhadames Solano, et al., Cause No. CC-13-00464-C, pending in County Court at Law No. 3, for acquisition from Rhadames Solano et al of approximately 23 acres of land located on Elam Road near its intersection with Pemberton Hill Road for the Trinity River Corridor Project; and (2) settlement of the lawsuit for an amount not to exceed the amount of the Special Commissioners award Not to exceed $305,000 ($300,000 being the amount of the award, plus closing costs and title expenses not to exceed $5,000); an increase of $47,329 from the amount the Council originally authorized for this acquisition - Financing: General Obligation Commercial Paper Funds BACKGROUND On December 12, 2012 City Council authorized the acquisition of approximately 23 acres of land for $252,671 by Resolution No. 12-3013. The property owners were offered $252,671, which was based on a written appraisal from an independent certified appraiser. The offer was not accepted by the property owners and the City filed an eminent domain case to acquire the land. The Special Commissioners awarded $300,000 after a hearing on July 2, 2013. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $47,329 more than the City Council originally authorized for this acquisition, plus closing costs and title expenses not to exceed $5,000.

The City has no control over the Special Commissioners appointed by the judge or any award that is subsequently rendered by the Special Commissioners. The City, in order to acquire possession of the property and proceed with its improvements, must deposit the amount awarded by the Special Commissioners in the registry of the Court.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized acquisition on December 12, 2012, by Resolution No. 12-3013.

Council was briefed in Closed Session on August 7, 2013.

FISCAL INFORMATION 1998 Bond Funds (General Obligation Commercial Paper Funds) - $305,000 ($300,000 plus closing costs and title expenses not to exceed $5,000) OWNER Rhadames Solano Brenda Solano MAPS Attached

Agenda Date 08/14/2013 - page 2

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AREA TO BE ACQUIRED

COUNCIL CHAMBER

August 14, 2013 A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS’ AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD. IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY: CONDEMNATION SUIT: Cause No. CC-13-00464-C, in County Court at Law No. 3, and styled City of Dallas v. Rhadames Solano, et al., filed pursuant to City Council Resolution No. 12-3013.

PROPERTY: Approximately 23 acres of land located in Dallas County, as described in the Condemnation Suit.

PROJECT: Great Trinity Forest Park – Trinity River Corridor OFFICIAL OFFER: $252,671.00 AWARD: $300,000.00 CLOSING COSTS AND TITLE EXPENSES: Not to exceed $5,000.00 AUTHORIZED AMOUNT: Not to exceed: $305,000.00 DESIGNATED FUNDS: Payable out of the Trinity River Corridor Project Fund, Fund No.2P14, Department TWM, Unit N966, Activity TRPP, Program No. PB98N966, Object 4210, Encumbrance No. CT- PBW98N966K7.

WHEREAS, the Official Offer having been made and refused, the City Attorney filed the Condemnation Suit for the acquisition of the Property for the Project; and, WHEREAS, the Special Commissioners appointed by the Court in the Condemnation Suit made an Award which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the Property; and, WHEREAS, the City Council desires to authorize the City Attorney to settle the Condemnation Suit for an amount not to exceed the Award;

COUNCIL CHAMBER

August14,2013 Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the Designated Funds, in the amount of the Award payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with the County Clerk and in the amount of the Closing Costs and Title Expenses payable to the title company closing the transaction described herein. The Award, Closing Costs and Title Expenses together shall not exceed the Authorized Amount.

SECTION 2. That the City Attorney is authorized to settle the Condemnation Suit for an amount not to exceed the Award.

SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

APPROVED AS TO FORM Thomas P. Perkins Jr. City Att.orn~y

By:

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As~ Attorney