AUGUST 14, 2013 CITY COUNCIL ADDENDUM CERTIFICATION

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1 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, 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

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5 ADDENDUM CITY COUNCIL MEETING AUGUST 14, 2013 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS :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, 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, 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

6 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 5 th Street Recommendation of Staff and CPC: Approval, subject to conditions Z (MW) 2

7 ADDENDUM DATE August 14, 2013 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION Authorize the sale of a 2000 Hyundai HL740-3 front loader, through a public auction on July 16, 2013, to 1 N/A C PBD REV $22,700 NA NA Sanchez Auto Parts House, highest bidder of ten 2 2 C PBD, CES $18,187, % % Authorize a five-year service contract for janitorial and event set up services at the Kay Bailey Hutchison Convention Center Dallas 3 All C OEM GT NA NA 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, C PBW, WTR $1,514, % 27.27% 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 5 11 C DEV REV $5,400 NA NA 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 6 14 C DEV REV $5,400 NA NA 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 7 4 C TWM $73, % 8.11% 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 8 All I SEC NC NA NA A resolution designating absences by Councilmember Scott Griggs as being for "official city business" TOTAL $19,776, Page 1

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9 KEY FOCUS AREA: ADDENDUM ITEM # 1 Efficient, Effective and Economical Government AGENDA DATE: August 14, 2013 COUNCIL DISTRICT(S): DEPARTMENT: N/A Business Development & Procurement Services CMO: Jeanne Chipperfield, MAPSCO: SUBJECT N/A 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 , which was publically auctioned on July 16, 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 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 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, Revenue

10 BID INFORMATION The following bid was received at public auction on July 16, *Denotes successful bidder Bidder Address Amount of Bid Sanchez Auto Parts House 4100 E. Jefferson St. $22, Grand Prairie, TX btaa $22, MJ Trucks $20, Puffdaddy $15, Ozzy0405 $ 8, Greega1962 $ 8, Deejayk9 $ 7, Pbman $ 6, Jcs equipment $ 6, Mague $ 5, OWNER Sanchez Auto Parts House Arnoldo Sanchez, Owner Agenda Date 08/14/ page 2

11 COUNCIL CHAMBER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: August 14, 2013 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, Section 2. That the City Controller is hereby authorized to receive and deposit funds received from the proceeds of the sale to: FUND DEPT UNIT REVENUE SOURCE AMOUNT 0100 DWU $19, POM $ 3, 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.

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13 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, Forest E. Turner, MAPSCO: SUBJECT 45 P 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.

14 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 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 FISCAL INFORMATION $18,187, Convention and Event Services Current Funds (subject to annual appropriations) ETHNIC COMPOSITION Andrews Building Service White Male 18 White Female 21 Black Male 70 Black Female 35 Hispanic Male 60 Hispanic Female 36 Other Male 22 Other Female 10 M/WBE INFORMATION Vendors Contacted 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 as amended. Agenda Date 08/14/ page 2

15 BID INFORMATION The following bids were received from solicitation number BL1338 and opened on July 18, This service contract is being awarded in its entirety to the lowest responsive and responsible bidder. *Denotes successful bidder Bidders Address Amount *Andrews Building Service Reeder Rd. $18,187, Dallas, TX H Service System, Inc Avenue G $18,998, Plano, TX Member's Building Denton Dr. $19,338, Maintenance, LLC Dallas, TX CTJ Maintenance 6565 N. MacArthur Blvd. $21,880, Irving, TX UBM Enterprise, Inc Ables Ln. $22,891, Dallas, TX OWNER Andrews Building Service Peter Kim, President Luis Ortiz, Vice President Agenda Date 08/14/ page 3

16 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 $13,277, % Total non-local contracts $4,910, % TOTAL CONTRACT $18,187, % LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent Andrews Building Service PMMB58339N0814 $13,277, % Total Minority - Local $13,277, % Non-Local Contractors / Sub-Contractors Non-local Certification Amount Percent Diversified Chemical and Supply, Inc. WFWB58220Y0714 $4,910, % Total Minority - Non-local $4,910, % TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $ % $ % Hispanic American $ % $ % Asian American $13,277, % $13,277, % Native American $ % $ % WBE $ % $4,910, % Total $13,277, % $18,187, %

17 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 ; 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, (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.

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19 KEY FOCUS AREA: Public Safety ADDENDUM ITEM # 3 AGENDA DATE: August 14, 2013 COUNCIL DISTRICT(S): DEPARTMENT: All Office of Emergency Management CMO: Charles Cato, MAPSCO: SUBJECT N/A 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, 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, 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 FISCAL INFORMATION $50, U.S. Department of Homeland Security Grant Funds

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

21 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 4 AGENDA DATE: August 14, 2013 COUNCIL DISTRICT(S): 6 DEPARTMENT: Public Works Department Water Utilities CMO: Jill A. Jordan, P.E., Forest E. Turner, MAPSCO: SUBJECT 44T 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 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.

22 BACKGROUND (Continued) The following chart shows Texas Standard Construction, Ltd. completed contractual activities for the past three years: PBW WTR PKR Projects Completed Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company ESTIMATED SCHEDULE OF PROJECT Began Design January 2012 Completed Design July 2013 Begin Construction September 2013 Complete Construction July 2014 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract for engineering services on December 13, 2006, by Resolution No FISCAL INFORMATION 2006 Bond Program (General Obligation Commercial Paper Funds) - $1,054, Water Utilities Capital Construction Funds - $6, Water Utilities Capital Improvement Funds - $452, Design - PBW $ 158, Design - WTR $ 17, Construction Paving & Landscaping - PBW $1,054, Water & Wastewater - WTR $ 459, Total Project Cost $1,690, M/WBE INFORMATION See attached. Agenda Date 08/14/ page 2

23 ETHNIC COMPOSITION Texas Standard Construction, Ltd. Hispanic Female 2 Hispanic Male 58 African-American Female 0 African-American Male 0 Other Female 0 Other Male 0 White Female 3 White Male 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. $1,514, P. O. Box Dallas, Texas Jeske Construction Company $1,983, Tiseo Paving Company $2,025, Ed Bell Construction Company $2,211, 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/ page 3

24 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 $1,514, % Total non-local contracts $ % TOTAL CONTRACT $1,514, % LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent Kenyatta Sand & Gravel BMDB54458Y0813 $412, % Total Minority - Local $412, % Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $412, % $412, % Hispanic American $ % $ % Asian American $ % $ % Native American $ % $ % WBE $ % $ % Total $412, % $412, %

25 SYLVAN AVENUE FROM IH-30 FRONTAGE ROAD TO FORT WORTH AVENUE [ MAPSCO 44T)

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27 COUNCIL CHAMBER August 14, 2013 WHEREAS, on December 13, 2006, Resolution No 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 BID AMOUNT Texas Standard Construction, Ltd. $1,514, Jeske Construction Company $1,983, Tiseo Paving Company $2,025, Ed Bell Construction Company $2,211, 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, 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, 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

28 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, 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, Total in an amount not to exceed $1,514, 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.

29 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 5 AGENDA DATE: August 14, 2013 COUNCIL DISTRICT(S): 11 DEPARTMENT: Sustainable Development and Construction CMO: Theresa O Donnell, MAPSCO: SUBJECT 16S, T 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

30 MAPS Attached Agenda Date 08/14/ page 2

31 Hillcrest I Park I ~ M.ERIT ~\~ "t \. )~i lclodus FIELD Medical City Dallas Hospital + copyright 2006 MAPSCO, Inc MAPSCO 165 T 0.51 Mi Scale 1 :

32 ~ N I BANNER -1 ;:a 0 )> 0 Abandonment Areas - TRACT 1-WATER EASEMENT I I TRACT 2-WA TER EASEMENT ~ TRACT 3-SANITARY SEWER EASEMENT

33 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/

34 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 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/

35 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 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/

36 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/

37 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 Cf DS/

38 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 ( acre) tract of land located in the City of Dallas, Dallas County, Texas, part of the M.J. Sanchez Survey, Abstract No 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 acre tract of land conveyed to LMI Park Central, LLC by Special Warranty Deed recorded as Instrument No , Official Public Records, Dallas County, Texas and being all of that 1 o' 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 feet to the northwest corner of said 1 O' 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 feet; THENCE, continuing along said common line, South 89 degrees 12 minutes 19 seconds East, a distance of 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 feet; North 81 degrees 51 minutes 16 seconds East, a distance of feet; South 08 degrees 08 minutes 44 seconds East, a distance of feet; South 81 degrees 51 minutes 16 seconds West, a distance of feet; South 08 degrees 08 minutes 44 seconds East, a distance of feet; South 36 degrees 51 minutes 10 seconds West, a distance of feet; South 81 degrees 51 minutes 16 seconds West, a distance of feet; South 08 degrees 08 minutes 44 seconds East, a distance of feet; North 81 degrees 51 minutes 16 seconds East, a distance of feet; South 08 degrees 08 minutes 44 seconds East, a distance of feet; South 81 degrees 51 minutes 16 seconds West, a distance of feet; North 08 degrees 08 minutes 44 seconds West, a distance of feet; SCI 811 E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET1 OF4

39 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 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 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 feet; North 08 degrees 08 minutes 44 seconds West, a distance of feet; North 81 degrees 51 minutes 16 seconds East, a distance of feet; North 36 degrees 51 minutes 10 seconds East, a distance of feet; North 08 degrees 08 minutes 44 seconds West, a distance of feet to the POINT OF BEGINNING and containing 6,557 square feet or 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 , Official Public Records, Dallas County, Texas. Land Surveyor No E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET2 OF4

40 0 50' 100' SCALE: 1"=100' ABANDONMENT OF 10' WATER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS EXHIBIT A-TRACT 1 LEGEND SEE LINE TABLE ON SHEET 4 BASIS OF BEARINGS WEST R.O.W. UNE OF COIT ROAD s 00 44'55" w (INSTRUMENT NO , O.P.R.D.C.T.) BLOCK ACRES BENIHANA NATIONAL CORP. (VOLUME , PAGE 5543, D.R.D.C.T.) s " E 1 O' WATER EASEMENT I/ (VOLUME 80143, I I PAGE 797, /I D.R.D.C.T.) I I 1/2" I I l.r.f. I I 5/8" I.R.F.C. (C.M.) D.R.D.C.T. I.R.F. M.R.D.C.T. O.P.R.D.C.T. PG. P.O.B. P.O.C. R.O.W. VOL. BANNER DRIVE 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 17.05' ~P.O.B. (100' R.O.W.) P.O.C. (VOLUME 77044, PAGE 785, D.R.D.C.T.) ~ L1 ~ I; 1 /2",1..r--n ,;r-7-,---S =- 1-9~" -E ,-~ V. l.r.f. I I 1 /2" l.r.f. I!; I; I; I;!;!;!; I I / (C.M.) ~ ~ 1 O' DRAINAGE EASEMENT I/ (VOLUME 77167, PAGE 608, I I D.R.D.C.T.) / I;!; I; PART OF ACRES LMI PARK CENTRAL, LLC (INSTRUMENT NO , O.P.R.D.C.T.) PART OF BLOCK C/7731 PARK CENTRAL VI (VOLUME 77167, PAGE 608, D.R.D.C.T.)..._ --' 0 0:: I-. z IX) or- u c:i --' "<;j <(I' 63: I== () l[) w _lo 0:: "<;j Cl. -..i- 0 LL 0 0 (/) w z ::J..., / 10' WATER EASEMENT 6,557 SQUARE FEET ( ACRES) VOLUME 77167, PAGE 608, D.R.D.C.T TO BE ABANDONED 1/2" l.r.f. (C.M.) / / VI AJ)DN K CENTRAL CK c/7731 PAR...nAL v AJ)DN BL<> PARK cen H' BLOCK D/7731 SCI 811 E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET3 OF4

41 EXHIBIT A-TRACT 1 ABANDONMENT OF 10' WATER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS LINE TABLE NUMBER DIRECTION DISTANCE L1 Is a " E I L2 s 08 08'44" E I L3 N 81 51'16" E 20.00' L4 s 08 08'44" E 10.00' L5 s 81 51'16" w 20.00' L6 s 08 08'44" E I L7 s I 10 II w 25.35' LB s 81 51'16" w 37.37' L9 s 08 08'44" E ' L10 N 81 51'16" E 15.00' L11 s 08 08'44" E 10.00' L12 L13 s 81 51'16" w 25.00' N 08 08'44" w 24.00' L14 s 81 51'16" w ' L15 N 08 10'40" w 10.00' L16 N 81 51'16" E ' L17 N 08 08'44" w ' L18 N 81 51'16" E 43.23' L19 N 36 51'10" E 17.07' L20 N 08 08'44" w ' SCI 811 E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET4 OF4

42 ABANDONMENT OF 10' WATER EASEMENT CITY BLOCK 7731 EXHIBIT A-TRACT 2 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 503 square foot ( acre) tract of land located in the City of Dallas, Dallas County, Texas, part of the M.J. Sanchez Survey, Abstract No and the Hiram Wilburn Survey, Abstract No. 1568, part of City Block 7731, being part of that acre tract of land conveyed to LMI Park Central, LLC by Special Warranty Deed recorded as Instrument No !:?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 acre tract as follows: Along said curve to the right through a central angle of 38 degrees, 02 minutes 12 seconds, a radius of feet, an arc length of feet, and a chord bearing of South 20 degrees 45 minutes 47 seconds West, and a chord distance of feet to a 1/2" iron rod found; South, 39 degrees 46 minutes 50 seconds West, a distance of 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 feet, an arc length 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 acre tract as follows: North 81 degrees 49 minutes 20 seconds East, a distance of 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 1 O minutes 40 seconds East, with said west line of said Block C, a distance of feet; 811 E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET 1 OF4

43 ABANDONMENT OF 10' WATER EASEMENT CITY BLOCK 7731 EXHIBIT A-TRACT 2 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE, departing said west line, South 81 degrees 49 minutes 20 seconds West, a distance of feet to a point in the east line of Merit Drive and the west line of said 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 feet, an arc length of feet and a chord bearing of North 38 degrees 12 minutes 14 seconds East and a chord distance of feet to the POINT OF BEGINNING and containing 503 square feet or 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, , Official Public Records, Dallas County, Texas. No SCI 811 E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET2 OF4

44 0 50' 100' SCALE: 1"=100' BASIS OF BEARINGS WEST R.O.W. LINE OF COIT ROAD s 00 44'55" w ABANDONMENT OF 10' WATER EASEMENT CITY BLOCK 7731 CITY OF DALLAS, DALLAS COUNTY, TEXAS LE~IW~IT A-TRACT 2 SEE LINE AND CURVE TABLES ON SHEET 4 (INSTRUMENT NO , O.P.R.D.C.T.) BLOCK ACRES BENIHANA NATIONAL CORP. (VOLUME , PAGE 5543, D.R.D.C.T.) 1/2" l.r.f. 5/8" I.R.F.C. (C.M.) D.R.D.C.T. I.R.F. M.R.D.C.T. O.P.R.D.C.T. PG. P.O.B. P.O.C. R.O.W. VOi 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 VOi llmf BANNER DRIVE / P.O.C. I. (100' R.O.W.) ~ 1 ~(c.~.r (VOLUME 77044, PAGE 785, D.R.D.C.T.) 1/2" l.r.f. 'v"'"' ~-- _ ~ / (C.M.) I; I; I; I; I \\ I; I - I\ /; / I...: \ ~" 1 O' DRAINAGE EASEMENT U I I I I (VOLUME 77167, PAGE 608,. Q \ /I D.R.D.C.T.) / _.. iz: I I I; 6 a I \ I I "'-<;,~'?> ~ io Q.,; \)I; +c: '(<C- 8 ci 4-:-ID ) { 6 +Cl' <i! ~ 0 ~ ~ I; ( l f:>~~ ~:;;: l:iciz:= I; I r { _~e;,«:.; ~ ~ I-o A. I; I\ ~1~ ~; 0~.,: I; I\ ~~;#' u_8 CJ-~ 0 I; I.-...<L+ ;.,.<:> ;-0"'~ -.,, PART OF ACRES - I/ ) ~4,.~'<\J LMI PARK CENTRAL, LLC, ~ W I I ~ ~$-G INSTRUMENT NO I :e /I ~~ CJ O.P.R.D.C.T.) 3 (/)!? I; ~ O /I PART OF BLOCK C/7731 ==. / / Vl AJ)DN ARK CENTRAL BLOCK C/7731 p ARK CENTRAL V AJ)DN BLOCK D /7731 p 1/2" '-'-~ (C.M.) I / 811 E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET3 OF4

45 EXHIBIT A-TRACT 2 ABANDONMENT OF 10' WATER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS LINE TABLE NUMBER DIRECTION u s 39 46'50" L2 N 81 49'20" 2' L3 s 08 10'40" L4 s 81 49'20" CURVE TABLE NUMBER DELTA RADIUS LENGTH CHORD BEARING C '12" ' ' s 20 45'47" w C '17" ' 7.89' s 39 22'11" w C '36" ' 14.50' N I 14" E CHORD ' 7.89' 14.50' SCI 811 E, Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET4 OF4

46 ABANDONMENT OF 10' SANITARY SEWER EASEMENT BLOCK C/7731' PARK CENTRAL VI EXHIBIT A TRACT 3 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 4,394 square foot ( acre) tract of land located in the City of Dallas, Dallas County, Texas, part of the M.J. Sanchez Survey, Abstract No 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 acre tract of land conveyed to LMI PARK CENTRAL, LCC by Special Warranty Deed recorded as Instrument No , 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 feet to the POINT OF BEGINNING; THENCE, continuing 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 1 o.12 feet to a point from which a 5/8" iron rod found bears South oo degrees 44 minutes 55 seconds West, a distance of 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 feet; South 08 degrees 08 minutes 44 seconds East, a distance of feet; 81 degrees 51 minutes 16 seconds West, a distance of feet; 08 degrees 08 minutes 44 seconds West, a distance of feet; North 81 degrees 51 minutes 16 seconds East, a distance of feet to the POINT OF BEGINNING and containing 4,394 square feet or 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 , Official Public Records, Dallas County, Texas. Land Surveyor No SCI 811 E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET1 OF2

47 0 50' 100' SCALE: 1"=100' ABANDONMENT OF 10' SANITARY SEWER EASEMENT BLOCK C/7731, PARK CENTRAL VI CITY OF DALLAS, DALLAS COUNTY, TEXAS EXHIBIT A-TRACT 3 BASIS OF BEARINGS WEST R.O.W. LINE OF COIT ROAD s 00 44'55" w (INSTRUMENT NO , O.P.R.D.C.T.) 5/8" I.R.F.C. (C.M.) D.R.D.C.T. I.R.F. M.R.D.C.T. O.P.R.D.C.T. PG. P.O.B. P.O.C. R.O.W. VOL. 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 MAP RECORDS, DALLAS, COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS PAGE POINT OF BEGINNING POINT OF COMMENCING RIGHT-OF-WAY VOLUME / PART OF ACRES LMI PARK CENTRAL, LLC (INSTRUMENT NO , O.P.R.D.C.T.) BLOCK C/7731 PARK CENTRAL VI (VOLUME 77167, PAGE 608, D.R.D.C.T.) N 08"08' 44" W 30.00' s 81"51'16" w 10.00' 6.. E =-B-' - N B1"511 -~ s62' ' 6" w 40. s B1"51 I 10' SANITARY SEWER EASEMENT 4,394 SQUARE FEET ( ACRES) VOLUME 77167, PAGE 608, D.R.D.C.T. TO BE ABANDONED,wDN K CENTRAL Vl BLOCK c/7731 p~k CENTRAL V,wDN BLOCK D/7731 p 5/8" l.r.f. (C.M.) William J. Registered Land Surveyor No E. Plano Parkway Suite 117 Plano, Texas (972) Voice (972) Fax SHEET2 OF2

48

49 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 6 AGENDA DATE: August 14, 2013 COUNCIL DISTRICT(S): 14 DEPARTMENT: Sustainable Development and Construction CMO: Theresa O Donnell, MAPSCO: SUBJECT 36J 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

50 MAPS Attached Agenda Date 08/14/ page 2

51 LOVERS LN 59 MILTD" I ~ l copyright i:t:i 2006 MAPSCO,!nc. 56 GOUAO OMi 0.25 Mi 0.51 Mi 36 J Scale 1 :

52 Ellsworth Avenue T/2922 -Q) Q)... -Cf) Q) 0 (.) c Q) (.9 N ~...,.4_ = Abandonment Area

53 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/

54 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 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/

55 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 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/

56 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/

57 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/

58 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 ( 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 , Official Public Records, Dallas County, Texas, being a portion of an existing 1 O' 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 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 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 feet; North 44 degrees 53 minutes 45 seconds East, a distance of feet; North oo degrees 05 minutes 00 seconds West, a distance of feet; North 45 degrees 05 minutes 46 seconds West, a distance of 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 feet to a point in the easterly line of said Utility Easement; THENCE, along the easterly line of said Utility Easement, South 00 degrees 05 minutes 00 seconds East, a distance of feet to a point in the south line of said Lot 5, the north line of said Lot 1, Block U/2923, and a southerly line of said Utility Easement; THENCE, along said common line, South 89 degrees 52 minutes 31 seconds West, a distance of feet to the POINT OF BEGINNING and containing 4, 572 square feet or acres of land more or less. NOTE: The basis of bearings for the above legal description is the east right-of 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 (972) Voice (972) Fax SHFET1 OF;!

59 0 30' EXHIBIT ABANDONMENT OF 10' UTILITY EASEMENT LOT 5, BLOCK T/2922, SUBDIVISION OF PART OF BLOCK T/2922 OF INTERURBAN HILLS ADDITION 60' SCALE: 1"=60' 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.) ELLSWORTH AVENUE 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. - (50' R.O.W.) -~ (VOL. 1, PG. 187, M.R.D.C.T.) 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 12 1 ~~Y s1bdmsion ~;~~I Y~: 2 iwck J.22- I ~ 1 U'. OF THE INTERU AN HILLS ADDI10N ~ '(VOLUME 41, PA E 113, M.R.D.C. ) --T~ I ti r g LOT 1! LOT 2! LOT 3! LOT 4 g 0 p IRTION OF t' I I li~ume '(~~3 'f:i--=:::--. j _ rr REMAIN) ff 1 1i UTILITY EASEMEN I N 89"53'28" E 5234, PAGE 503, D.R.D.C.T. 27_00 '.. - L ~1.VF~~. -; --rp OJION OF -. N 45 05'45" Wc:!P.i...-.-r-1 ~gr~l~~it~f EASEMENT 1:i I 12' UTILITY EASEMENT 24.04' VOL. 41, PG. 113, M.R.D.C.T. G: a: '::J I. VOLUME 41, PAGE 113, M.R.D.C.T. VOL. 5234, PG. 503, D.R.D.C.T I-i:i o 0 (TO REMAIN), (TO REMAIN) (I» 0.,: ~ N lq LOT 5, BLOCK T/2922, SUBDIVISION OF PART OF [g llla:~ 8 ;ri wl~ CITY BLOCK T/2922 OF INTERURBAN HILLS ADDITION~ O o c.7 <J. I~?;.I (VOLUME 41, PAGE 113, M.R.D.C.T.) ~ ()!. D:_ 1-ZQ 1.~ _J n OWNER: Z CO CJ!:::: LMI GLENCOE DALLAS, LLC C') z 1111 u o 0 1w (INST. NO , O.P.R.D.C.T.... w!? _jl'.l c:j ~ ~ ~ ~1t L1.. g tol~ 0 z NIW ~ ~ L :::JI 13 ~ '-/I i? P- oo ' oo I z~ I PORTION OF 10' UTILITY EASEMENT--..1 VOLUME 41, PAGE 113, M.R.D.C.T. VOLUME 5234, PAGE 503, D.R.D.C. T. TO BE ABBANDONED 4,572 SQUARE FEET ( ACRES) N 89"52'31'' E ' N 44 53' 45" E 21.22' 0 0 lo p 0 z l() l() cri O'> w 0 0 l() p 0 0 (/) PART OF BLOCK T/2922 INTERURBAN HILL (VOLUME 1, PAGE 187, M.R.D.C.T.) s w 243.oo LOT 1, BLOCK U /2923 A.L. BATEMAN'S SUBDMSION (VOLUME 38, PAGE 61, M.R.D.C.T.) Land Surveyor No /8" l.r.f.c. 8 I I E. Plano Parkway Suite I 17 Plano, Texas (972) Voice (972) Fax SHEET2 0 2

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61 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 7 AGENDA DATE: August 14, 2013 COUNCIL DISTRICT(S): 4 DEPARTMENT: Trinity Watershed Management CMO: Jill A. Jordan, P.E., MAPSCO: SUBJECT 55 D & 56 A 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.

62 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 August 2013 Complete Design September 2013 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 1998 Bond Funds - $73, Design $ 73, Construction $6,000, (est) Total Project Cost $6,073, M/WBE INFORMATION See attached. ETHNIC COMPOSITION Modern Geosciences, LLC Hispanic Female 0 Hispanic Male 0 African-American Female 0 African-American Male 0 Other Female 1 Other Male 0 White Female 4 White Male 6 OWNER Modern Geosciences, LLC Kenneth Tramm, Principal MAP Attached. Agenda Date 08/14/ page 2

63 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 $6, % Total non-local contracts $67, % TOTAL CONTRACT $73, % LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent B & A Laboratories, Inc. dba XENCO HMMB55370Y1013 $6, % Laboratories Total Minority - Local $6, % Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $ % $ % Hispanic American $6, % $6, % Asian American $ % $ % Native American $ % $ % WBE $ % $ % Total $6, % $6, %

64 (Mapsco 55-D, 56-A)

65 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, 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, Total in an amount not to exceed $73,950.00

66 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.

67 KEY FOCUS AREA: ADDENDUM ITEM # 8 Efficient, Effective and Economical Government AGENDA DATE: August 14, 2013 COUNCIL DISTRICT(S): DEPARTMENT: All City Secretary CMO: Rosa A. Rios, MAPSCO: SUBJECT N/A 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.

68 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/ page 2

69 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:

70 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.

71 EXHIBIT A CITY COUNCIL MEMBER(S) REQUEST ABSENT AS OFFICIAL CITY BUSINESS MEETING(S) AUS ENCE COUNCILMEMBER TRIP/EVENT LOCATION DATE PURPOSE MISSED TYPE Scott Griggs Meeting with a developer Dallas, TX 4/24/2013 Representing District 1 City Council Voting 50% from Houston, Texas on a (formerly District 3) Agenda Meeting project Scott Griggs Attended the Jefferson Dallas, TX 5/01/2013 Representing the City City Council Briefing 50% Boulevard Merchant's of Dallas Meeting Association Meeting OFFICE OF THE CITY SECRETARY C:\l J scrs \chcryl.nichols\appdata\local\m icrosofl\ Windows \T i:mporary Internet Fiico, \Contcnt.Outlook\TX WY K XE3\ATl'EN DANCE EXHIBIT.doc DALLAS, TEXAS

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73 KEY FOCUS AREA: Economic Vibrancy AGENDA ITEM # 54 AGENDA DATE: August 14, 2013 COUNCIL DISTRICT(S): 7 DEPARTMENT: Trinity Watershed Management City Attorney's Office CMO: Jill A. Jordan, P.E., Thomas P. Perkins, Jr., MAPSCO: SUBJECT 557 U & Y 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 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 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, 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.

74 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized acquisition on December 12, 2012, by Resolution No Council was briefed in Closed Session on August 7, 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/ page 2

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