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SS9301-ES 930413 (2). AGENDA REQUEST FORM ITEM CAPTION: Consideration of approving an agreement with Mr. Bill Troth in the amount of $20,000 for the acquisition of utility easements from Lots 8 & 9 Northlake Woodlands Phase 12. ~ ST~]~I~EI~.-. Kenneth M. Griffin, ~ ectofs } ~" City Engineer SUBMI~ED BY: ~ OTHER ~.. - ........... EVAI.UATION OF ITEM: DATE: April 5, 1993 As discussed in Executive Session, staff recommends that the City enter into an agreement with Mr. Bill Troth in the amount of $20,000 to obtain the necessary easements for the construction of the Grapeveine Creek Sewer Trunk Main. Said amount to be total compensation for both easements plus perceived damages. DATE BUDGET AMT. AMT. ESTIMATED AMT +/- BUDGET FINANCIAL lt~VIEW BY /~~ COMMENT.~: Funds for this item can come frcm R~venue Bond Funds, Series 1992, for C~-apevine Creek Sewer Trunk Main. LEGAL REVIEW BY: REVIEWED BY CM: SANITARY SEWER EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THAT the term Grantor used herein shall be construed in the singular or plural number as such term respectively represents one or more than one person. THAT, , known herein as GRANTOR, in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in along, and upon and across the following described property owned by Grantor (the "easement strip") for the purpose of constructing and maintaining an underground sanitary sewer across Grantor's main tract with the right and privilege at all times, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises (the "easement strip") for the purpose of making additions to, improvements on and repairs to said sanitary sewer or any part thereof. Said easement strip being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out, Grantee will remove from the easement strip, such fences, buildings and other obstructions as may be found upon said property. After construction of the underground sewer line has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the easement strip to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the easement strip for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the underground facility and restoration of the surface, GRANTEE shall not be obligated for future maintenance and upkeep of the surface area. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this day of ,1992. GRANTOR AGG01FD9 STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of ,1992, by NOTARY PUBLIC, State of Texas My Commission Expires: (Type/Print Name of Notary) STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of ,1992, by NOTARY PUBLIC, State of Texas My Commission Expires: (Type/Print Name of Notary) STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of ,1992, by , of , a , corporation, on behalf of said corporation. NOTARY PUBLIC, State of Texas My Commission Expires: (Type/Print Name of Notary) ~ ~. ' . . ~. . ~ v'ot. ~0 ~ o7 P~. ~ ~, ~ ~ SANI Cl~ OF COPPE~ DALLAS COUNt, ~XAS SANITARY ~WER EASEMENT Lot 8, ~~ F, ~ke ~~~da. E~st No. 12 Re~ 1 ~2 R~d: 1 ~ ~17~2 E~-A ~" = ~' GINN ~ CASE, INC., Consult!ng En~nee~, Dallas, Texas ~ANITARY S~W~R EASEMENT ~OT 8 BLOCK F NORTMLAKE WOODLANDS EAST NO. I2 EXHIBIT B A tract or.Parcel- of 2and S~tuated in the James Parish ~urvey, Abstract No. 1139, Dallas County, Texas, and being pa~t of Lot 8 Block F of the Northlake Woodlands. East No. 12, an addition to City of Coppell as recorded in Volume 90107 Page 1218 in the Dallas County MaD Records0 and being more pa~ticularly described a~ follows: COMMENGING at the ~outheast corner of Lot 8 also being ~n ~he north line of the St Louis and Southwestern Railroad I00 foot r~ght-of-way; THENCE No~th I8° 56 09" East 24.8~ feet along the east ]~ne of Lot 8 to the POINT OF BEGINNING; TMRNC~ North ~0° 59' 37" West ~2.06 feet along a l~ne ~ feet south of and parallel to the centerl~ne of a proposed sanitary ~ewe~ l~ne: THENCE North Z2° 59' 30" West 19.46 feet along the ea$~ ~ne of the ~0 foot sanitary sewe~ easement described and Teco~de~ ~n Volume 68079 Page 171 in the Dallas County Deed RecoTds; THENCE South 70° 59' 37" East 15~.0§ feet along a line 5 feet north o~ and paral!e! to the centerline of a proposed sanitary sewer line to the east llne of Lot 8: THENOm South 18© 56' 09" We~t 10.00 feet along the east line of Lot 8 to the POINT OF BEGINNING and Containing I%26~ square feet or 0.0=9 acre of land more or less. Revlsed: 11/24/92 SANITARY SEWER EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THAT the term Grantor used herein shall be construed in the singular or plural number as such term respectively represents one or more than one person. THAT, , known herein as GRANTOR, in consideration of the sum of One and no/lO0 Dollars ($1.00) and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in along, and upon and across the following described property owned by Grantor (the "easement strip") for the purpose of constructing and maintaining an underground sanitary sewer across Grantor's main tract with the right and privilege at all times, of the GRANTEE herein, its agents, employees, workme,q and representatives having ingress, egress, and regress in, along, upon and across said premises (the "easement strip") for the purpose of making additions to, improvements on and repairs to said sanitary sewer or any part thereof. Said easement strip being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out, Grantee will remove from the easement strip, such fences, buildings and other obstructions as may be found upon said property. After construction of the underground sewer line has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the easement strip to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the easement strip for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the underground facility and restoration of the surface, GRANTEE shall not be obligated for future maintenance and upkeep of the surface area. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this day of ,1992. GRANTOR AGGO1FD9 STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of ,1992, by NOTARY PUBLIC, State of Texas My Commission Expires: (Type/Print Name of Notary) STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of ,1992, by NOTARY PUBLIC, State of Texas My Commission Expires: (Type/Print Name of Notary) STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of ,1992, by , of a , corporation, on behalf of said corporation. NOTARY PUBLIC, State of Texas My Commission Expires: (Type/Print Name of Notary) ~9e7 Pg. ,. ; SANIT~Y SE~R ~ ~a- ~' ~' w [ ARE~ 1,172 eq.~. ~ 0.~7 ~e P~-SAN~TARY ~R 10,~' ~ CITY OF COPP£LL I:~ D~I_LAS COUNTY, TEXAS O, ~ SANiTArY SEWER EA~MENT Lot e, F, ~lake ~de Eoat No, 12 Re~q~: 11~17/e~ E~rt-A 3o' GI~ ~ CA~, INC.~ Consulting Engineers, D=l;os, Texes ~o~n; a~. ~2~ 4 SANITARY SEWER EASEMENT LOT 9 BLOCK F NORTMLAKE WOODLAND8 ~AST NO. 12 BXH~BIT B Abstract No. 11~9, Dallas County. Texas. and beXng part of Lot 9 Block F of the Northlake Wood~a%ds, East No. 12, an add~on to C~y of Coppell as recorded ~n Volume 90107 Page 1216 ~n the Dall&s County Ma~ Records, and beXng mo~e particularly described aS follows: C0MMENCIN~ at the southeast co=nar of LoT 9, also being ~he l~s of Mockingbird Lena (%0 foo= r~ght-of-wa¥) and ~n the l~ne of a St. LouSe and Southwestern R&~lmoad ~00 foot r~ght-o£- wa¥~ TH~NC~ No=th 18° 56~ O9" ~&st 24.67 f~et along the sou~h l~ne of Lot 9 t~ the POINT OF THENCE No~th ~0° 59' 3?" ~l~et 117.17 feet to the west l~ne of Lot 9; THKNOE North 160 56t 09" East 10.OO feet along ~he West ~ne of Lo~ 9; TH~NC~ South ?0~ 59~ 37" East ~?.17 fee~ ~o the east l~ns of Lot 9~ TH~NC~ South 1~° $6~ 09" ~et 10.O0 feet to the POINT OF BE$INNING and Con~&~n~ 1,1~2 e~uare feet or 0.02? ao~e of land Carrollton Youth & Family' Services -- Councilman Morton stated lhat he had attended a meeling. D/FW Airport Expansion -- Councilman Morton announced that the bill will be brought up before the House on April 14, 1993 for a floor vote. Economic and Business Development Board -- Councilman Morton stated that he and Councilman Thomas attended the meeting. The Chamber reported, at that meeting, the tentative hiring or final negotiations with the new Executive Director coming out of Temple. Councilman Morton indicated there should be an agenda item coming forward on a contract. Citv/CISD Joint Newcomers -- Councilman Robertson indicated that there was nothing new to report at this time, but he would like to investigate the possibility of joint meetings after the May election. Councilman Garrison expressed a concern regarding the traffic at the Kid Country dedication. Chief Nell McKinney indicated that they were also concerned and stated that the police would be on the scene to help direct traffic. CONSENT AGENDA 16. A. Discussion and consideration of awarding Bid No. Q-0293-01 for the purchase of a 1/2 ton shortbed pickup truck to Arendale Ford in the amount of $9,29O.OO. B. Consider approval of an ordinance of the City of Coppell amending Section 15-1-3 of Chapter 15 of the Code of Ordinances of the City of Coppell, Texas providing for barriers, fences and gates for pools, spas, and hot tubs hereinafter more fully described, providing a savings clause, providing a severability clause providing penalties for violation, and an effective date. C. Discussion and consideration of an ordinance amending Chapter 18 of the Code of Ordinances to add Article 18-12 providing residential and commercial garbage collection fees to incorporate a 1.5% increase in fees for trash pickup. D. Review and consideration of a resolution supporting the continued endorsement of the efforts of Dallas County to qualify for the Urban County Community Development Block Grant Program for Federal Fiscal Years 1994, 1995 and 1996, and authorizing the Mayor to sign the agreement. E. Consideration and approval of an ordinance to change the zoning, Case #S- 1041 (A) to (LI-SUP) Light Industrial Special Use Permit, on property located at the northwest corner of Thweatt Road and Coppell Road, at the request of Brazos Electric Cooperative, and authorizing the Mayor to sign. F. Consider approval of a final payment in the amount of $28,932.70 to Dal-Tech Construction Inc. for construction of the Fire and Building Inspections Administrative Building located at 500 Southwestern Boulevard. G. Consideration and approval of awarding bid for travel management services to Coppeli Travel King with a term of contract to be one year and the option to extend the contract for four additional one-year periods. Travel arrangements will be ordered by department as required during the term of the contract and will not exceed the budgeted amount approved for travel. CM041393 Page 5 of 7 H. Consider appointment of Councilmen Pe.~on Weaver, Lanny Mayo, and Ron Robertson along with Police Chief Neil McKinney and City Secretary Dorothy Timmons to a City Manager Search Committee to assist a consultant in the search for a City Manager with Councilman Weaver serving as the contact person on the Committee. I. Consideration of a motion to rescind the budget manual approved on March 10, 1987, replacing it with a revised purchasing manual which shall be administered and/or revised by the City Manager. J. Consideration of approving an agreement with Mr. Bill Troth in the amount of $20,000 for the acquisition of utility easements from Lots 8 & 9 Northlake Woodlands Phase 12. K. Consideration of approving an agreement with S.C. Parsons, Inc., Troth Enterprises, Inc. and Lerman Investments, Inc. in the amount of $15,000 for the acquisition of a permanent and temporary construction easement. Item 16 F and Item 16 I were pulled for later consideration. Mayor Pro Tem Smothermon moved to approve Items 16 A; B, carrying Ordinance No. 93597; C, carrying Ordinance No. 93598; D, carrying Resolution No. 041393.2; E, carrying Ordinance No. 91500-A-28; G; H; ~ and K. Councilman Morton seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. Item F was considered at this time. Mayor Pro Tem Smothermon moved to approve Item 16 F approving a final payment in the amount of $28,932.70 to Dal-Tech Construction Inc. for construction of the Fire and Building Inspections Administrative Building located at 500 Southwestern Boulevard, subject to the punch list being completed. Councilman Morton seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. Item I was considered at this time. Mayor Pro Tem Smothermon moved to approve Item 16 I with the wording changed to read to rescind the purchasing manual approved on March 10, 1987, replacing it with a revised purchasing manual which shall be administered and/or revised by the City Manager. Councilman Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) (Items marked with (*) are not scheduled for "Regular Session" discussion or consideration.) 17. A. Article 6252-17, Section 2 (e), and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1.* Longbranch Country Club This item was discussed at the Executive Session which was held at the beginning of this meeting. CM041393 Page 6 of 7