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HomeMy WebLinkAboutContract 45812 Crry sECRVAW CONMCT No. STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT is by and between. R.J Ft. Worth I L1,C an Idalio limited Liat ifily .ndowner", and the City of Fort Worth, 2_ hereinafter referred to as "La hereinafter referred to as"City". WITNESSETH WIIERF..AS, the Landowner is the owner of certain real property described as an approximately 13.359 acre tract located in the William McCowen Survey, Abstract 999, Tarrant County, Texas according to the Special Warranty Deed to Baptist Foundation of Texas, a Texas nonprofif corporation,, filed for record. in Volume 9858, Page 1517, Deed Records, 'J'arrant,County, Texas, hereinafter called the"Property". WHEREIAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Lot 1. Block 1 11 Texas Addition ffS �-L3-!Q o hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the 1,andowner provides for management of storm water within the confines of the Property; and WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth,Texas require that on-site Storm Water Managem.ent Facilities be constructed and irtaintained on a portion of the Property; and WHEREAS, the City requires that on-site Storm Water Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assig,-ns, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and OFFICIAI RECORD CITY SECRETARY FT.WORT Ho TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/1012012 RECEIVED AUG 11014 __­­....................._. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner, its successors and assigns, shall adequately construct and maintain the on-site Storm Water Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit "B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Storm Water Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Storm Water Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.09/10/2012 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, and such failure remains uncured for a period of sixty (60) days following the Landowner's receipt of written notice from the City describing the failure (or such longer period as may be necessary to complete the cure, provided the Landowner is in the process of such cure) the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's, its successors and assigns. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement, and following the time period provided in Section 4 above, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon the Property . Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. The lien shall be subordinate to the lien of any deed of trust lien recorded prior to the inception date of the affidavit or statement of expenses required to be filed by City to perfect its lien. The City shall release its lien once it receives payment of the amount secured by the lien. STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.0911012012 6. This Agreernent imposes no liability of any kind whatsoever on the City. THE LANDOWNER, ITS SUCCESSORS AND ASSIGNS, AGREE TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER TO MAINTAIN THE FACILITY IN THE MANNER REQUIRED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO: (1) THE BED AND BANKS OF THE DETENTION POND; or (2) ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO FLOODING OF THE POND AND ITS BANKS, SLOPE FAILURE OF THE BANKS OF THE POND, OR FAILURE, OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH THE ATTACHED CRITERIA OR THE PLAN. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage casement, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such casement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreements be recorded among the land records of Tarrant County, Texas, all constitute a covenant numing with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.09/10/2012 .........................................—..................... [SIGNATURE PAGE FOLLOWS] STORM WATER FACILITY MAINTENANCE AGREEMENT rj Rev.09/10/2012 AL PROPERTY SERVICES ADMINISTRATIVE EASEMENT APPROVAL Please do not remove this checkliytfrom the attached document. Please complete and return to Real Property Services) TIME SENSITIVE es o AL PROPERTY SERVICES Dat u , 20]4 i AEA# 5804-RJFWI-SWFMA L, Originated : Lexingon Wright Asst. City Attorney: DOUG BLACK/JORDAN GRANT DOE # 5804 Document Type: 2 ORIGINAL STORMWATER FACILITY MAINTENANCE AGREEMENTS Standard Yes Parties: RJ FT.WORTH I, LLC AND CITY OF FORT WORTH Comments: ** PLEASE SENT) TO CITY SECRETA.R S OFFICE AFTER NOTARY** COMPENSATION: $0.00 M&C--C-26788 . Recommended for Appro al Deanna. Cody, Manager � L DEPAR NT 2. Assistant ° Attorney CITY MER'S OFFICE 3, Fernando Costa,Assistant City Manager CITY SECRETARY'S OFFICE Mary J. Kayser, C!2 Secretary Please forward to Cily Secretary's Office for si ature and CSO Number JCM Secreta lease call X8538 when ready,for Picic.U . COMMENTS: PLEASE CALL LEXINGTON WRIGHT X8538 WHEN COMPLETE, Effective as of the date subscribed by the City's City Manager or designee. RJ Ft Worth I LLC, City of Fort Worth an Idaho limited liability company Fernando Costa Assistant City Manager Date: Mark A. Bullock, Manager I V� M&C: 0 D0 --7 ate: Date: Approved as to Form and Legality: Assistant City Attorney 6,4.-e Tooveb*4 ATT ST Mary J. City Secretary of F 0000008;&0coo A. 0 jo* I/ M 06 -41 00" 0000,00 OFFICIAL RECORD C11"Y SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT FT WORTH,TX Rev.09/10/2012 L... STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on _ u� . ' by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. "Notary Public, State of ,exas EVONA DANIELS ,"� f Pafrrt<lryr 1'uIr)loc SkN1a rag lextx: MW Cornrni ss6¢„rC Exr,)�ms My 10, 2017 STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev.09/10/2012 STATE OF bqXh § COUNTY OFSat*, LaJ6, § Before me, the undersigned authority on this day of 2014, personally appeared a.& -A . j3t4 C q 5 —2� known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to ine that the same is the act of Rj r-t W 0 V-(� I I la e exec e _tn�M RVAI � I(Ott f n I �h C"EqtZhe same as its and as the act of such and for the purposes and consideration expressed in the foregoing instrument. —n Notary Notary Pubfic RICHOD LIMB c #66182,3 My Cmyrftekn E*'D,% I o ary Public, State (Yf k* Dwomhor V,20,1 1 state of utati 6 No low" MW �l 1—o WHED �lloo STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev.09/10/2012 EXHIBIT "A" LEGAL DESCRIPTION STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.09/10/2012 EXHIBIT "A" " METES& BOUNDS DESCRIPTION DETENTION AREA BEING a 1.201 acre tract of land located in the William McCowen Survey,Abstract No.999,in the City of Fort Worth,Tarrant County,Texas,being a portion of called 576.484 acre tract of land as described in the Special Warranty Deed to Baptist Foundation of Texas,a Texas nonprofit corporation,filed for record in Volume 9858, Page 1517, Deed Records, Tarrant County, Texas (DRTCT), said 1.201 acre tract of land being more particularly described by metes&bounds as follows: COMMENCING at a 1/2 inch capped iron rod found stamped"Prism" for the southwest comer of Lot 27,Block 15,Tehama Ridge,an addition to the City of Fort Worth,Tarrant County,Texas, according to the plat recorded in County Clerk's Instrument No. D212014811, Official Public Records, Tarrant County, Texas (OPRTCT), and being on the north right-of-way line of Heritage Trace Parkway, a 120' right-of-way, as shown on the plat of Park Glen Boulevard Right-Of-Way,recorded in Cabinet A, Slide 6522,Plat Records,Tarrant County,Texas(PRTCT); THENCE South 89 degrees 35 minutes 35 seconds West, along said north right-of-way line, a distance of 379.78 feet,to a 5/8 inch capped iron rod set stamped"Mycoskie McInnis", THENCE North 40 degrees 23 minutes 58 seconds West, departing said north right-of-way line, a distance of 681.40 feet,to the POINT OF BEGINNING; THENCE North 63 degrees 01 minutes 55 seconds East,a distance of 216.50 feet,to a point for comer; THENCE North 85 degrees 18 minutes 43 seconds East,a distance of 170.14 feet,to a point for comer, from which a 5/8 inch capped iron rod set stamped "Mycoskie McInnis" bears North 42 degrees 48 minutes 38 seconds East,a distance of 108.78 feet, THENCE South 02 degrees 14 minutes 33 seconds East,a distance of 245.25 feet,to a point for comer; THENCE South 88 degrees 47 minutes 22 seconds West,a distance of 72.60 feet,to a point for comer; THENCE North 59 degrees 13 minutes 45 seconds West,a distance of 251.08 feet,to a point for comer; THENCE North 85 degrees 52 minutes 01 seconds West, a distance of 84.03 feet, to the POINT OF BEGINNING and containing 1.201 acres(52,324 square feet)of land,more or less. BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD 83 - TEXAS COORDINATE SYSTEM-NORTH CENTRAL ZONE,4202,BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK See attached Exhibit`B",Page 2 of 2,dated February 19,2014 OERFO�'9s ..................................... February 2014 JOSHUA D.WARGO A,g, ered Professional Land Surveyor Date `""' "'""'' 6391 C�A'��ESS10�P\'Q° Page 1 of 2 E)MBIT FP XP DETENTION AREA ML.LIAM McCOWEN SURVEY ABSTRACT NO, 999 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. 7j7H,4fA-R-IOG—E C C# D204325012 t OPRT I o rT 8 7 6 5 4 2 1 Ix Ix CD 24 0 99 ORS 15 GIRS r N85- REMAINDER CALLED 576.484 ACRES BAP77ST FOUNDA710N OF TEXAS Va. 98,58, PG. ca DRTCT rq OB ABBREWA TIONS CIRF CAPPED IRON ROD FOUND U COUNTY CLERKS NUMBER DR T91 DEED RECORDS S8847'22"W TARRANT COUNTY, TEXAS OPRTCT OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS PRTCr PLAT RECORDS DETENTION AREA TARRANT COUNTY TEXAS VOL PROPOSED 1,201 ACRES PGA PAGVOLE UM E LOT 1, BLOCK V (552,32-0 SQUARE FEE7) CAB. CABINET ILTEXAS ADDITION POR POINT OF BEGINNING POC POINT OF COMMENCING Irol CIRS CAPPED IRON ROD Un SET STAMPED MYCOSKIE MCCINNIS" SW CORNER LOT 27, BLK 15 aF 30' DRAINAGE & UTILITY 7EHAMA RIDGE Al CC hV212014811 EASEMENT (TRACT 1) OPRTrT CCID199284686 OPRTOT ........... .. ..... .. JOSHUA..D� WAR.GO Poc ..,......................... ............. ....... ................I-- - - �12'OW 6391 s69*35'35"w 379.78' CIRS SUFI HERITAGE TRACE PARKWAY 120' RIGHT-Or-WA Y JOSHUA 0. WARGO, REGISTERED PROFESSIONAL ................ CArl A,7)-L7) E'-K522,-pFf LAND SURVEYOR, HEREBY STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON IRE GROUND ACC D201057259, OPRTC7) SURVEY BY ME OR UNDER MY DIRECT SUPERWSION. mlmla ,l JOSHUA D. WARGO TfBRUARY 19, 2014 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 ffWcw*ie4m&viis+awociates ............... awt wwww"mova0v wwkmpe wd*Kbmo NOTES thpa registration number. f-2759 thpls reg(stration/4-cow number. t 1 L BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD 83 - 200 east. a br,am TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202„ BASED ON GPS OBSERVA77ONS U77LI77NG THE LETCA GPS REFERENCE NETWORK" arV6nqton, to.as 76010 817-469-1671 2, SEE LEGAL DESCRIPTION (EXHIBIT A) PAGE I OF 2, DATED 02/1,9114, fa x 8 1 7-- 2 7 4..B 7 5 7 rrr.M m a t e Ma 9.c a M �,-DAIE: -9�14 SAE: DRAWN BY.-«RW--CHECKED Blf:- �W JOB.NO.:iZ7—f9-09iqf PAGE 2 OF 2 EXHIBIT "B" DESIGN SPECIFICATIONS STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.09/10/2012 Exhibit 13- of a (Nod 10UN313a Van L : a cl[LA W sib j . N < 1' are g F WSJ NINONu pig h� NNE w 1� ,w ._ fig, "+ Cµ µ 1. � � _¢ �.t ° � ��n �"^•" , { 4 .. wv ._ n. .T I mac, x ........ ........... .. _..., _..wM_,. ..... FF�w ®a a,"_«« .R9.7w�kw ...... Wi7 +, a, x9 aYdddk'pw"..AYi'��' a asaaawaakrwawnsb�aka k a awMkaaW94 � g a qz n &G ammssawmxnbusauauawo k kwY�a wok IV p"R"w9.+M1a�Mq ,m b q o. a««nn 4 Anil ,....,. x u w. � k'i6ffi!I All m ill a Mnna,AA m 3i niiiiiiii*1 Q a l4 k . Fd�pp�' aticwnsnwakkbwwwwxssw _ w. A a us aI El rt W d MIR � F avwr go: . a v . w W ya. N Akan bwawaawsxkknn wa ,,, � ,.,,� . AwbArwwf wabwbwwtlbwbw . e w k + rt A t It it flip wI � p I.L.TEXAS FORT WORTH 2201 HERITAGE TRACE PKWY DETENTION POND CALCUIATIONS FORT WOWFH, TEXAS Via Z a2ud-g I q!gxi " rt:_p Wr aW. WWWew ON **.WOK, .w.�...W* i�l.. .. nay.aWNWWWWw'�W7IWxItl.Wlp4w�W.IWVIp. .W.rIYWlB11.y...,.YIYWMIW4MdWWWWWJIW Its * 1 d l• ♦ m , b ♦ mp x r u WA. e um u b f a W y u u 1 1 a r # "d y a ",. �µwt&"„ ' o. '} ��I,�..�.�� ,�+ •�•rc � wow, It 4 , " m tx { Y . I IIIIIIII TE FORT WORTH HERITAGE TRACE PKWY 1ANDSCAPE PLAN FORT WORTH, TEXAS jo C a2r I!q! lxj rrrrwrwrrrrrrwrwrwwr.wwwwwwwrwrrwwwwwwwewwwwwwwwwww wwwww wwww www rI +qIr wegwww � L w 6 d N n f l f W e # k mN m n * " W w w 0 9a IN N x�^ I •QI a a ri F p ql d "� t N ,t" �m si* n m i I � wr a m n f » & r w -®m w w.s,.w..a 10 C112)G GA 1.11 f ` f f T s ^ _ " x r i e 201 HERITAGE TRACE PKWY hh fi v s IANDSCAPE PLAN FORT WORTH, TEXAS 6 30 t-)Srd S Ixq!gxj Exhibit "C" CITY OF FORT WORTH STORM WATER FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. General Maintenance Procedures The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components will be conducted every 6 months. • A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. • Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. STORM WATER FACILITY MAINTENANCE AGREEMENT 11 Rev.09/10/2012 Exhibit " " Storm Water Structural Maintenance CHECKLIST FREQUENT DATE _,.. REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE IVlowring Remove Trash and debris Inspect irrigation s stem o eration Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of silt in flume Amount of ponded water Amount of wetland vegetation _... Location of Erosion w Percent of _..._ vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip- Ra Condition of filtration s stem STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/10/2012 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life condition-of -----, Aeration Foundation STORM WATER FACILITY MAINTE14ANCE AGREEMENT 13 Rev.09/10/2012 M&C Review Page I of I OfficW sOte of t1he City of Fort Wofth, 11 exas CITY COUNCIL AGENDA FoRTW oar H COUNCIL ACTION: Approved on 5/6/2014 DATE: 5/6/2014 REFERENCE NO.: **C-26788 LOG NAME: 20ROWE5804- RJFW1SWFMA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Stormwater Facility Maintenance Agreement with RJ Ft. Worth I LLC, on Property Located at 2201 Heritage Trace Parkway Containing 1.201 Acres of Land in Tract 2L, Abstract 999, William McCowen Survey, at No Expense to the City (COUNCIL DISTRICT 7) HNOW11119 RECOMMENDATION: It is recommended that the City Council authorize the execution of a Stormwater Facility Maintenance Agreement with RJ Ft. Worth I LLC, on property located at 2201 Heritage Trace Parkway containing 1.201 acres of land in Tract 2L, Abstract 999, William McCowen Survey, at no expense to the City., DISCUSSION: RJ Ft. Worth I LLC, is the owner of a 13.359 acre tract of land on is 1.201 acres of land will be used to construct a detention pond. The facility is being constructed to capture and limit stormwater run-off from the subject property to pre-development levels. The detention pond will be located on Tract 2L, Abstract 999, William McCowen Survey also known as 2201 Heritage Trace Parkway. The landowner and successors are required to maintain the stormwater facility at no expense to the City. The Stormwater Facility Maintenance Agreement will ensure proper maintenance of the detention pond by RJ Ft. Worth I LLC. However, if the landowner fails to properly maintain the improvements, the Agreement gives the City the right to take all steps necessary to ensure the stormwater facility is operating according to City standards and to correct any deficiencies. This requirement and right run with the land. The facilities are located in COUNCIL DISTRICT 7, Mapsco 21 S. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Lexington Wright(6645) ATTACHMENTS 5804-ROWE5804-RJFW1 SWFMA.Prfff http://apps.cfwnet-org/council__packet/mc—review.asp?ID=19687&councildate=5/6/2014 8/5/2014