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KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 29

33 R; 34 J K N P Q T U

________________________________________________________________

SUBJECT A resolution accepting the FY 2012 Annual Report on the status of Tax Increment Financing Reinvestment Zone Number Eighteen, (Maple/Mockingbird TIF District), submitted by the Maple/Mockingbird TIF District's Board of Directors, and authorizing the City Manager to submit the annual report to the Chief Executive Officer of each taxing jurisdiction that levies taxes on real property in the District, and the State Comptroller, as required by state law - Financing: No cost consideration to the City BACKGROUND State law (the Tax Increment Financing Act, Chapter 311 of the Tax Code) requires that the governing body of a city shall submit to the chief executive officer of each taxing unit, as well as the State Comptroller. The City Council approved Ordinance No. 27435 on December 10, 2008, establishing Tax Increment Financing Reinvestment Zone Number Eighteen (Maple/Mockingbird TIF District). On September 23, 2009, the City Council authorized the Project Plan and Reinvestment Zone Financing Plan for this District by Ordinance No. 27690. The Maple/Mockingbird TIF District’s assessed 2012 taxable value was $178,338,196. This represents a decrease of $5,666,813 or 3.1% from the 2008 base year value and a decrease of $6,736,633 or 3.6% from last year (2011). The decrease is solely attributed to property value decline within the District. As a result of the decrease in property value below the base value for the district, there will be no increment generated for the TIF District during FY 2012. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 10, 2008, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eighteen, the Maple/Mockingbird TIF District, by Ordinance No. 27435.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On September 23, 2009, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Maple/Mockingbird TIF District by Ordinance No. 27690. On December 17, 2012, the Maple/Mockingbird TIF Board of Directors recommended the FY 2012 Annual Report be accepted and approved. On February 4, 2013, a memo was submitted to the Economic Development Committee regarding all 18 of the City’s 2012 TIF Annual Reports. FISCAL INFORMATION No cost consideration to the City

Agenda Date 02/27/2013 - page 2


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, the City has established Tax Increment Financing Reinvestment Zone Number Eighteen, (Maple/Mockingbird TIF District) and established a Board of Directors for the District to promote development or redevelopment in the Maple/Mockingbird area pursuant to Ordinance No. 27435, authorized by the City Council on December 10, 2008, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, as amended; and WHEREAS, on September 23, 2009, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Maple/Mockingbird TIF District by Ordinance No. 27690; and WHEREAS, the Tax Increment Financing Act specifies that the governing body of a city shall submit an annual report on the financial status of the district to the Chief Executive Officer of each taxing unit that levies taxes on real property in a reinvestment zone, and a copy of the report shall be forwarded to the State Comptroller; and WHEREAS, on December 17, 2012, the Maple/Mockingbird TIF District Board of Directors passed a motion accepting the FY 2012 Annual Report for Tax Increment Financing Reinvestment Zone Number Eighteen and recommending approval of same by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the FY 2012 Annual Report for Tax Increment Financing Reinvestment Zone Number Eighteen, (Maple/Mockingbird TIF District), City of Dallas, Texas, as of September 30, 2012, a copy of which is attached hereto (Exhibit A), is hereby accepted. Section 2. That the City Manager is hereby authorized to submit the FY 2012 Annual Report for Tax Increment Financing Reinvestment Zone Number Eighteen, to the Chief Executive Officer of each taxing jurisdiction that levies taxes on real property in the District ; and to the State Comptroller, as required by state law. 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.


Exhibit A

Maple/Mockingbird TIF District FY 2012 Annual Report

Office of Economic Development 1500 Marilla Street, 2CN Dallas, Texas 75201 (214) 670-1685 http://www.dallas-ecodev.org

October 1, 2011 to September 30, 2012


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Reinvestment Zone Number Eighteen Maple/Mockingbird Tax Increment Financing District

2


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Table of Contents Mission Statement ........................................................................................................... 4  District Accomplishments ................................................................................................ 4  Maple/Mockingbird TIF District Projects .......................................................................... 8  TIF District Development Status Map ............................................................................ 10  Value and Increment Summary ..................................................................................... 11  Objectives, Programs, and Success Indicators ............................................................. 11  Year-End Summary of Meetings ................................................................................... 13  Pending TIF Items ......................................................................................................... 15  Budget and Spending Status ......................................................................................... 16  FY 2013 Work Program................................................................................................. 17  Appendix – Financials .................................................................................................. 18 

3


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Mission Statement The mission of the Maple/Mockingbird TIF District is to provide a source of funding for public infrastructure improvements necessary to enhance the real estate market for the Maple/Mockingbird TIF District area. The Maple/Mockingbird Tax Increment Financing (TIF) District represents the outgrowth of the City of Dallas’ effort to provide a model for redeveloping underdeveloped land near employment centers to take full advantage of the expanding DART light rail system and area resources such as Love Field Airport and the Southwestern Medical District. The Maple/Mockingbird TIF District took effect on January 1, 2009, and will terminate on December 31, 2033, (including collection of the 2033 increment in calendar year 2034 and any related matters to be concluded in 2034) or when the budget of $27.8 million (NPV) or $58 million total dollars has been collected. The City of Dallas and Dallas County are the two participating jurisdictions. The City’s participation is 70% in 2009 through 2011, increases to 85% in 2012 through 2026, and then decreases to 70% 2013 through 2033. Dallas County’s participation is 55% for the first twenty years of the District.

District Accomplishments The initial project for the Maple/Mockingbird TIF District is the Reserve on the North Campus at 2303 Stutz Road for completion of streetscape improvements. This project will not receive TIF funds. The District is located adjacent to the Southwestern Medical District comprised of these major hospitals: Parkland Memorial Hospital, UT Southwestern Medical Center and Children’s Medical Center. Parkland Memorial Hospital has undertaken a major construction project, a 17 story hospital surrounded by new clinics and parking garages located around the Southwestern Medical District/Parkland DART light rail station. UT Southwestern Medical District has recently completed constructing BioCenter on a 13 acre tract of land located at the northeast corner of Inwood Road and Redfield Street. BioCenter project provides a venue adjacent to UT Southwestern for bio-medical companies that are engaged in research, development, marketing and small-scale manufacturing of goods and services in the bio-medical industry. BioCenter project is designed to help commercialize university technology and draw biotechnology companies to North Texas. Children’s Medical Center has recently completed the main hospital expansion and new surgery center. Children’s expects to complete a third tower at the main hospital, new radiology facilities, and a new Ambulatory Care Pavilion over the next three years. The expansion in the Southwestern Medical District is expected to bring significant growth to the area. DART Green Line expansion (NW corridor) is completed and the Inwood/Love Field light rail station was opened in December 2010. The Orange Line runs parallel with the 4


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Green Line through Downtown Dallas to Bachman Station in Northwest Dallas opened during the current fiscal year. During FY 2012, on an average, the Inwood/Love Field light rail station serviced 937 passengers per week day. JLB Partners has recently completed the Eon at 6008 Maple Avenue. Greystar is building the Southwestern Apartment at 5919 Maple Avenue, will start leasing in early 2013. Trammell Crow Residential is constructing Maple Multifamily Apartments, 343 units at 5940 Forest Park Road. Elliot's hardware has relocated its store to 5439 Denton Drive. Rosewood Academy has recently opened the childhood development center at 2310 Stutz Road (former USPS location). Rosewood Academy is located adjacent to the District. Total existing private development in the Maple/Mockingbird TIF District is approximately $15.3 million and $82 million private development is under construction. Listed below are the projects in the Maple/Mockingbird TIF District at various stages of development

Reserve @ the North Campus

5


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

JLB Partners, Maple Apartments

Rosewood Academy – 2310 Stutz Drive (Adjacent to the District)

6


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Southwestern Apartments by Greystar – under construction

Maple Multifamily Apartment by Trammell Crow Residential (TRC) – under construction

7


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Maple/Mockingbird TIF District Projects Maple/Mockingbird TIF District Projects1 Projects Within TIF District Utilizing TIF Funding Project

Location

Calendar Year Complete

Status

Units/ SF2

Approx. Value3

TIF Investment4

No TIF Funded Projects

Projects Within TIF District Not Utilizing TIF Funding Calendar Year Complete

Status

Units/ SF2

2303 Stutz Rd

2012

36 units completed and 12 projected

54 Townhomes completed

Eon at Maple by JLB

6008 Maple Avenue

2012

Completed

Elliot's Hardware

5439 Denton Drive

2011

Southwestern Apartments by Greystar

5919 Maple Avenue

TRC’s Maple Multifamily

5940 Forest Park Rd

Balcones Realty Partners

Mockingbird Lane and Maple Avene

Project

Location

The Reserve on the Campus

Approx. Value3

TIF Investm ent4

$2,300,160

$0

300 apartments

$12,200,000

$0

Completed

Retail Approx. 30,000 square feet

$858,130

$0

2014

Under construction

359 apartments

$42,000,000

$0

2013

Under construction

343 units

$40,000,000

$0

Praposed

8

Mixed-use development


Exhibit A Maple/Mockingbird TIF District

Wood Partners

5522 Maple Avenue

Rosewood Academy

2310 Stutz Rd (Adjacent to the District )

FY 2012 Annual Report

2012

Proposed

315 units

Completed

11,000 square feet

Total 336 units completed 702 units under construction and 327 units projected 30,000 square feet retail completed 11,000 square feet of office/retail adjacent to District

1

$689,000

$0

$15,358,290 completed $82,000,000 under construction

$0

All information updated as of September 30, 2012. Based upon either the TIF application or required minimum stated in the development agreement. May be updated for completed projects based on actual unit mix and square footage. 3 Based upon 1) market value of comparable projects for anticipated projects, 2) private investment stated in the development agreement for projects that are approved or under construction, or 3) DCAD market value for completed projects (unless project has not yet been assessed). Values may not be fully captured by the TIF District for redevelopment projects once pre-existing value and/or the demolition of structures is netted out. 4 Principal amount not to be exceeded per the development agreement. TBD indicates that development agreement has not yet been adopted. 2

9


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

TIF District Development Status Map

10


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Value and Increment Summary The Maple/Mockingbird TIF District’s assessed 2012 taxable value was $178,338,196. This represents a decrease of $5,666,813 or 3.1% from the 2008 base year value and a decrease of $6,736,633 or 3.6% from last year (2011). The decrease is solely attributed to property value decline within the District. As a result of the decrease in property value below the base value for the District, there will be no increment generated for the TIF District during FY 2012.

Objectives, Programs, and Success Indicators The final Maple/Mockingbird Project Plan and Reinvestment Zone Financing Plan was adopted in September 2009. The goals of the Plan are: •

To create additional taxable value attributed to new private investment in projects in the Mockingbird/Maple TIF District of a minimum of $120 million over the initial five years of the TIF District. Projects within the District had contributed approximately $15.3 million (13% of goal) and new projects that are under construction will add an additional $80 million (68% of goal) to the taxable value.

To attract new private development adding approximately 2,500 new residential units and 650,000 square feet of retail space to increase the area’s population density and shopping options, adding approximately 1.2 million square feet of new retail, office and medical. New developments (completed) within the District added 336 residential units (13.4% of goal) and additional units underconstruction and proposed projects will add 1,029 units (41% goal); 30,000 square feet of retail (4.6%) and adjacent to the District has added 11,000 square feet of office space (1%).

To increase the District’s housing options while maintaining an affordable housing component of 20% of all new units built. All residential projects that receive TIF funding are required to provide affordable units that total 20% of units being constructed. The Reserve at the North Campus for sale residential project did not receive TIF funding and was not required to provide affordable units.

To focus on encouraging the redevelopment of properties in the area south and west of Love Field with enhanced urban design. 11


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Development within the District will comply with forwardDallas!, the City’s Comprehensive Plan, an advocate of pedestrian friendly, high density urban design. •

To diversify retail, office and medical uses in the District by identifying redevelopment options for obsolete and under-utilized commercial structures, thereby capturing demand from residents of Oak Lawn, the Park Cities, Bluffview and Northwest Dallas. Approximately 30,000 square feet of retail space and adjacent to the District has added 11,000 square feet of office space.

To improve access and connections to the Inwood and Parkland stations on DART’s Green Line and support increased levels of ridership at these stations. Staff and the Board will continue to foster a working relationship with Medical District, DART, and potential developers to encourage transit oriented development that complements the District. During FY 2012, on an average, the Inwood/Love Field light rail station serviced 937 passengers per week day.

To improve recreational opportunities for the community and provide connections to the City of Dallas’ trails and open space system in the District, enhance connections to other trail systems within Dallas County and create additional recreational amenities in the area. Staff and the Board will seek ways to increase recreational opportunities and proposed trail connections within the District.

To sustain the stability of local schools as redevelopment occurs in the housing market by maintaining strong communications between the Dallas Independent School District and area developers. Staff and the Board will work with DISD preventatives providing an avenue for developers to maintain strong communications as redevelopment occurs.

To make a desirable neighborhood that incubates and supports growth of the Southwestern Medical District and medical businesses in Dallas, particularly taxable property and employment related to medical technology.

12


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Staff and the Board will continue to foster a working relationship with UT Southwestern Medical Center, Children’s Hospital and Parkland Hospital to create investment opportunities in the District. •

To generate an NPV of $27.8 million or approximately $58 million in total dollars in TIF revenues over 25 years of collections. Current economic conditions have contributed to declining property value within the District. No increment has been collected to date.

Year-End Summary of Meetings The Maple/Mockingbird TIF District Board of Directors met once during FY 2012 on December 15, 2011. During FY 2012 the Board members were (FY 2012 Board meetings attended): SeGwen Tyler – City Representative (Attended 1 of 1 meeting); Curtis Parker – City Representative (Attended 1 of 1 meeting); Dennis Stone – City Representative (Attended 0 of 1 meeting); Garrett Gibbons – City Representative (Attended 1 of 1 meeting); Ward Richmond – City Representative (Attended 0 of 1 meetings); Michael Serber – City Representative (Attended 1 of 1 meeting); Rick Loessberg – Dallas County Representative (Attended 1 of 1 meeting, pending membership – County participation pending); During FY 2012, the City council approved seven (7) items directly or indirectly associated with the Maple/Mockingbird TIF District. The council actions are listed below. •

On December 11, 2012, City Council approved Resolution No. 11-3358 authorizing a public hearing to receive comments on the proposed City of Dallas submission of an application to the U.S. Department of Housing and Urban Development (HUD) for a Community Development Block Grant (CDBG) Section 108 Guarantee Loan Program loan in an amount not to exceed $4,800,000 for eligible activities, which may include acquisition, demolition of existing buildings, sitework and public improvements, relocation assistance, loan interest reserve and financing costs related to public offering to aid Chicory Court IX, LP, in the development of Champion Homes at Copperridge Multi-Family Residential Project for mixed-income families located at 5522 Maple Avenue including construction of 252 apartment units with 153 units deed restricted for 15 years for persons with incomes at 80% or less of Area Median Family Income as established by HUD. Note: This project did not receive State funding.

On February 22, 2012, City Council approved Resolution No. 12-0548, accepting the FY 2011 Annual Report on the status of Tax Increment 13


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Financing Reinvestment Zone Number Eighteen, (Maple/Mockingbird TIF District), submitted by the Maple/Mockingbird TIF District's Board of Directors, and authorizing the City Manager to submit the annual report to the Chief Executive Officer of each taxing jurisdiction that levies taxes on real property in the District, and the State Comptroller, as required by state law. •

On March 28, 2012, City Council approved Resolution No. 12-0902, Ordinance No. 28580, authorizing an amendment to Ordinance No. 27435, as amended, previously approved on December 10, 2008, to modify the composition of the board of directors for Tax Increment Financing Reinvestment Zone Number Eighteen (Maple/Mockingbird TIF District) in accordance with amendments to the Tax Increment Financing Act.

On March 28, 2012, City Council approved Resolution No. 12-0903 authorizing By-Laws for Tax Increment Financing Zone Eighteen (Maple/Mockingbird TIF District).

On August 8, 2012, City Council approved Resolution No. 12-1954. Ordinance No. 28730, authorizing a public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 865 on the northeast line of Forest Park Road, northwest of Stutz Drive Recommendation of Staff and CPC: Approval, subject to a conceptual plan, development plan, and conditions Z112-232(JH)

On August 22, 2012, City Council approved Resolution No. 12-2149, authorizing a public hearing to receive comments regarding an application for and an ordinance granting a WR-5 Walkable Urban Residential District on property zoned an MU-2 Mixed Use District on the east corner of Maple Avenue and Bomar Avenue.

On August 22, 2012, the City Council approved Resolution No. 12-2110, an ordinance abandoning three utility easements, three drainage easements and a drainage and utility easement to AMD Apartments Limited Partnership, the abutting owner, containing a total of approximately 14,166 square feet of land located near the intersection of Stutz Road and Forest Park - Revenue: $7,400 plus the $20 ordinance publication fee.

14


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Pending TIF Items •

Consideration of the FY 2012 Maple/Mockingbird TIF District Annual Report and a recommendation to the Dallas City Council for approval.

•

Evaluation of the Maple/Mockingbird TIF Plan and boundary to address issues of decline in valuation and lack of TIF funded projects.

15


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Budget and Spending Status Each TIF district establishes in its Project Plan and Reinvestment Zone Financing Plan a budget for public improvement expenditures necessary to support private investment in the district. The TIF’s public improvement budget is approximately $58.4 million in total dollars ($27.8 million NPV). The current budget for the District is below:

Maple/Mockingbird TIF District Projected Increment Revenue of Retire TIF Fund Obligations Category

TIF Budget¹

Allocated

Balance

Infrastructure/Utility Improvements - design and engineering; street paving construction and resurfacing; utility improvement, relocation and burial; streetscape; open space

$33,226,915

$0

$33,226,915

Environmental Remediation and Demolition

$4,731,681

$0

$4,731,681

Affordable Housing Retail/High Density Grant Program

$8,937,619 $8,527,540

$0 $0

$8,937,619 $8,527,540

Administration and Implementation²

$2,997,516

$109,488

$2,888,023

Total Project Costs

$58,421,271

$109,488

$58,311,783

¹Budet shown in total dollars. TIF Project Plan shows the budget in Net Present Value. 2 TIF administration fee include funds expended of committed through FY 2012.

Maple/Mockingbird TIF District Project Plan Budget Category

TIF Budget (NPV)*

Infrastructure/Utility Improvements - design and engineering; street paving construction and resurfacing; utility improvement, relocation and burial; streetscape; open space

$15,800,000

Environmental Remediation and Demolition

$2,250,000

Affordable Housing

$4,250,000

Retail/High Density Grant Program

$4,055,000

Administration and Implementation

$1,425,373

Total Project Costs

$27,780,373

* As approved in the Project Plan and Reinvestment Zone Plan in 2009 dollars.

16


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

FY 2013 Work Program The FY 2013 work program for the Maple/Mockingbird TIF District is as follows: • •

Promote new development projects in the District. Evaluate Maple/Mockingbird TIF Plan and boundary to address issues of decline in valuation and lack of TIF funded projects. Identify additional redevelopment sites, work with developers of anticipated development projects within the District to bring them to fruition and continue to seek growth in the District through the attraction of mixed-use, high-density development.

17


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

Appendix – Financials

City of Dallas, Texas Maple/Mockingbird Tax Increment Financing District Notes to Financial Statements for the Year Ended September 30, 2012 1.

The measurement focus used for the TIF Zone fund is a flow of financial resources. The financial statements are prepared using the modified accrual basis of accounting. Under the modified accrual basis of accounting, tax increment revenues and interest are recognized as revenue when they become both "measurable" and "available" to finance expenditures of the current period. Expenditures are recognized when the liability is incurred.

2.

State statute requires that each taxing jurisdiction remit its ad valorem taxes to the Zone by May 1 of each year (remittance to occur no more than 90 days after taxes for the jurisdiction become delinquent).

3.

The TIF's cash balances are invested in the City’s investment pool and include amounts in demand deposits as well as short-term investments. Pooled investments and short-term nonpooled investments are treated as cash equivalents. Investment income on the pooled investments is prorated monthly based upon the average daily cash balance in each fund.

4.

The Zone's Financial Plan permits expenditures not to exceed $2,830,683 over the life of the TIF to reimburse the City for administrative costs. The Zone began reimbursing the General Fund in fiscal year 2010-11. Any future remittance for administrative expenses would come from excess cash as tax increment revenue increases as a result of increased assessed values.

18


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

City of Dallas, Texas Maple/Mockingbird Tax Increment Financing District Fund Balance Sheet as of September 30, 2012 (Unaudited) With Comparative Totals for September 30 2011, 2010, 2009, and 2008 (Audited)

2012

2011

2010

2009

2008

Assets: Pooled cash and cash equivalents

$9

$9

$3,482

$0

$0

Interest receivable

$9

$10

$18

$0

$0

$18

$20

$3,500

$0

$0

Total assets Liabilities and Fund Balance (Deficit): Liabilities: Accounts and contracts payable

$0

$0

$0

$0

$0

Advances from developers

$0

$0

$0

$0

$0

Accrued interest

$0

$0

$0

$0

$0

$105,978

$92,653

$64,800

$31,247

$0

Total liabilities

$105,978

$92,653

$64,800

$31,247

$0

Fund Balance (Deficit)

($105,960)

($92,634)

($61,300)

($31,247)

$0

Due to general fund

Fund Balance (Deficit):

Total Liabilities and Fund Equity

$18

$20

$3,500

$0

$0

$0

$0

$0

$0

$0

Maple/Mockingbird Tax Increment Financing District Fund Statement of Revenues, Expenditures and Changes in Fund Balance (Deficit) For the Period September 30, 2012 (Unaudited) With Comparative Totals for September 30 2011, 2010, 2009, and 2008 (Audited) ITD

2012

2011

2010

2009

2008

Revenues: Tax increment-Governmental Tax increment-Intergovernmental Interest income

$3,476

$0

$0

$3,476

$0

$0

$0

$0

$0

$0

$0 $0

$43

$3

$23

$16

$0

$0

Grant from City

$0

$0

$0

$0

$0

$0

Net increase (decrease) in fair value of investments

$9

$0

$1

$8

$0

$0

$3,528

$4

$25

$3,500

$0

$0

Total revenues Expenditures: Administrative expenses

$109,488

$13,330

$31,358

$33,554

$31,247

$0

Non-Capital Outlay

$0

$0

$0

$0

$0

$0

Capital outlay

$0

$0

$0

$0

$0

$0

Interest and fiscal charges

$0

$0

$0

$0

$0

$0

$109,488

$13,330

$31,358

$33,554

$31,247

$0

($105,960)

($13,326)

($31,333)

($30,054)

($31,247)

$0

$0

($92,634)

($61,300)

($31,247)

$0

$0

$0

($92,634)

($61,300)

($31,247)

$0

$0

($105,960)

($92,634)

($61,300)

Total expenditures Excess (Deficiency) of Revenues over Expenditures Fund balance (Deficit) at beginning of year as previously reported Fund balance (Deficit) at beginning of year, as restated Fund balance (deficit) at end of year

($105,960)

Note: Fiscal year 2011-12 unaudited financial statements are based on preliminary close numbers and are subject to review by the City Controller's Office prior to approval by the City Council. In case of any material changes, TIF board will be provided with the updated financial statements.

19

($31,247)

$0


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

City of Dallas, Texas Maple/Mockingbird Tax Increment Financing District Fund Reinvestment Zone Number Fourteen As of September 30, 2012 Chapter 311.016 of V.C.T.A. requires the following information as part of the annual report on the status of the TIF District. Information is contained in detail on the attached financial statements.

1.

Amount and source of revenue in the tax increment fund established for the zone: $4 Interest Income $0 Ad Valorem Taxes (Collected in FY'20111-12 based on 2011 Final Tax Roll) $4

2.

Total Revenue

Amount and purpose of expenditures from the fund: $13,330 Administrative Expense $0 Interest and fiscal charges $13,330

3.

Total Expenditures

The Zone started reimbursing the General Fund for TIF administrative costs in fiscal year 2010-11.

20


Exhibit A Maple/Mockingbird TIF District 4.

FY 2012 Annual Report

a. Amount of Principal and Interest due-on outstanding indebtedness: None.

5.

Tax increment base and current captured appraised value retained by the zone: Taxing Jurisdiction

Taxable

Base Year

Est. Captured

Value 2012*

2008 Value

Value 2012**

City of Dallas

$178,338,196

$183,140,018

($4,801,822)

Dallas County

$178,319,846

$183,140,018

($4,820,172)

Dallas Independent School District

$0

$0

$0

Dallas County Hospital District

$0

$0

$0

Dallas County Community College Dist.

$0

$0

$0

*Taxable value shown for participating taxing jurisdictions. County values are approximate and will vary slightly from the City value due to different exemption levels. **Based on preliminary Taxable Value. The final values will be determined on February 01, 2013.

6.

Captured appraised value by the municipality and other taxing units, the total amount of the tax increment received, and any additional information necessary to demonstrate compliance with the tax increment financing plan adopted by the governing body of the municipality: A. Estimated tax increment shared by the municipality and other participating taxing jurisdictions: Amount of

Taxing Jurisdiction

Assessment

Estimated 2012

Per $100***

Increment****

City of Dallas

0.55790

$0

Dallas County

0.13371

$0

Dallas Independent School District

0.00000

$0

Dallas County Hospital District

0.00000

$0

Dallas County Community College District

0.00000

$0

$0.69161

$0

Total for all Jurisdictions

***Participation rates for City of Dallas are 70% for tax years 2009-2011, 85% for tax years 2012-2026 and 70% for tax years 2027-2031. ***Participation rate for Dallas County is 55% for tax years 2009-2030. ****The Districtl began collecting increment in fiscal year 2009-10 for tax tax year 2009. B. The total amount of estimated tax increment to be billed for the 2012 tax year is $0. For the 2011 tax year, no increment was received.

21


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

22


Exhibit A Maple/Mockingbird TIF District

FY 2012 Annual Report

23


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 30

11 A B C D F G H K L M P Q R

________________________________________________________________

SUBJECT A resolution accepting the FY 2012 Annual Report on the status of Tax Increment Financing Reinvestment Zone Number Nineteen, (Cypress Waters TIF District), submitted by the Cypress Waters TIF District's Board of Directors, and authorizing the City Manager to submit the annual report to the Chief Executive Officer of each taxing jurisdiction that levies taxes on real property in the District and the State Comptroller, as required by state law - Financing: No cost consideration to the City BACKGROUND State law (the Tax Increment Financing Act, Chapter 311 of the Tax Code) requires that the governing body of a city shall submit an annual report on the status of each reinvestment zone it has created to the Chief Executive Officer of each taxing unit that levies taxes on real property in the zone, as well as to the State Comptroller. The City Council approved Ordinance No. 28074 on December 8, 2010, establishing Tax Increment Financing Reinvestment Zone Number Nineteen, (Cypress Waters TIF District). On April 11, 2011, the City Council authorized the Project Plan and Reinvestment Zone Financing Plan for this District by Ordinance No. 28224, as amended. The Cypress Waters TIF District's assessed tax value in 2012 was $219,394, an increase of approximately $146,012 (198%) over the assessed value of the base year (2010) value of $73,382. With the participation of the City in 2012, this increase will result in the collection of approximately $989 in incremental revenue for the district, not including agricultural exemption rollback taxes collected, if any. The City began participation in 2012 and Dallas County begins participation in 2014. Significant funds are not expected to be collected until Phase 1 is complete, the agricultural exemption is removed from the Phase 1 land in 2013, and a portion of the resulting rollback taxes are paid to the fund in 2014.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 8, 2010, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Nineteen, the Cypress Waters TIF District by Ordinance No. 28074. On April 11, 2011, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Cypress Waters TIF District by Ordinance No. 28224, as amended. On November 26, 2012, the Cypress Waters TIF District Board of Directors recommended that the FY 2012 Annual Report be accepted and approved. On February 4, 2013, a memo was submitted to the Economic Development Committee regarding all 18 of the City’s FY 2012 TIF Annual Reports. FISCAL INFORMATION No cost consideration to the City

Agenda Date 02/27/2013 - page 2


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, the City has established Tax Increment Financing Reinvestment Zone Number Nineteen, (“Cypress Waters TIF District” or “District”) and established a Board of Directors for the District to promote development or redevelopment in the Cypress Waters area pursuant to Ordinance No. 28074, authorized by the City Council on December 8, 2010, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, as amended; and WHEREAS, on April 11, 2011, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Cypress Waters TIF District by Ordinance No. 28224, as amended; and WHEREAS, the Tax Increment Financing Act specifies that the governing body of a city shall submit an annual report on the financial status of the district to the Chief Executive Officer of each taxing unit that levies taxes on real property in a reinvestment zone, and a copy of the report shall be forwarded to the State Comptroller; and WHEREAS, on November 26, 2012, the Cypress Waters TIF District Board of Directors passed a motion accepting the FY 2012 Annual Report for Tax Increment Financing Reinvestment Zone Number Nineteen and recommending approval of same by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the FY 2012 Annual Report for Tax Increment Financing Reinvestment Zone Number Nineteen, (Cypress Waters TIF District), City of Dallas, Texas, as of September 30, 2012, a copy of which is attached hereto (Exhibit A), is hereby accepted. Section 2. That the City Manager is hereby authorized to submit the FY 2012 Annual Report for Tax Increment Financing Reinvestment Zone Number Nineteen to the Chief Executive Officer of each taxing jurisdiction that levies taxes on real property in the district and to the state comptroller, as required by state law. 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.


Exhibit A

Cypress Waters TIF District FY 2012 Annual Report

Office of Economic Development 1500 Marilla Street, 2CN Dallas, Texas 75201 (214) 670-4551 www.dallas-ecodev.org/redevelopment

October 1, 2011 to September 30, 2012


Exhibit A

Reinvestment Zone Number Nineteen Cypress Waters Tax Increment Financing District


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

Table of Contents Table of Contents ............................................................................................................ 3  Mission Statement ........................................................................................................... 4  District Accomplishments ................................................................................................ 4  Value and Increment Revenue Summary........................................................................ 5  Objectives, Programs, and Success Indicators ............................................................... 6  Year-End Summary of Meetings and Council Items ........................................................ 7  Pending TIF Items ........................................................................................................... 9  Budget and Spending Status ........................................................................................... 9  FY 2013 Work Program................................................................................................. 10  Appendix: Financials .................................................................................................... 11 

3


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

Mission Statement The Cypress Waters Tax Increment Financing (TIF) District represents the outgrowth of the City of Dallas’ effort to provide a model for supporting the development of underdeveloped land near employment centers and to take full advantage of the planned expansion of the DART light rail system along the Cotton Belt Line. The Cypress Waters TIF District was established on December 8, 2010 to encourage the initial development of a large tract of undeveloped land within the City of Dallas (approximately 1,661 acres in total) surrounding North Lake. This district will promote the creation of pedestrian-oriented traditional neighborhood development (TND) containing multifamily and residential development, a potential senior housing component, pedestrian-oriented retail development, and additional commercial development. The Dallas City Council established the Cypress Waters TIF District by Ordinance Number 28074 on December 8, 2010. The Cypress Waters District will begin to collect funds on January 1, 2012, and it is scheduled to terminate on December 31, 2040 (including collection of the 2040 increment in calendar year 2041 and any related matters to be concluded in 2041) or when the budget of $65 million (2010 dollars) has been collected. The City of Dallas and Dallas County are the two participating jurisdictions. The City started to participate at 85% in 2012. The County’s participation will be 55% from 2014 to 2033 or until the County’s participation reaches the budget limit of $10,500,000.

District Accomplishments The district is located in the area north and east of the intersection of LBJ Freeway (I635) and Belt Line Road, with the entire site being located within the City of Dallas. The district contains approximately 939 acres of contiguous undeveloped land which will be adjacent to a 362 acre lake (upon the planned reduction of North Lake). The remaining property in the 1,661 acre area is non-TIF area, including proposed school sites, drilling sites, and a former power plant. Due to the remoteness of the property in the Cypress Waters TIF District from the remainder of the City of Dallas, fully developing the property will require significant public expenditures for infrastructure/utility improvements (including extensive water and wastewater transmission, storage and distribution improvements); construction of primary roadway improvements; facilities for police, fire and emergency services; environmental remediation; lake reclamation, etc. The use of TIF funds will allow this large, master-planned development, which is currently located outside of accessible City of Dallas services, to commence development much sooner, and to proceed to completion much more quickly, than such would occur absent the use and availability of TIF funds. One project has been approved by the TIF board and by Council. Cypress Waters Phase I was approved by Council on June 6, 2011. This phase will be approximately 4


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

673 multifamily units, master planned using the design principles of Traditional Neighborhood Development. The unit mix includes both flat and townhome rental units. A second project is planned to be reviewed by the TIF board and by Council in fiscal year 2013. Cypress Waters Phase 2 consists of infrastructure improvements in support of future office development. This phase includes construction of the extension of Cypress Waters Boulevard from Hackberry Drive to the Phase 1 development; 2) the extension of Saintsbury Street from the termination of the Phase 1 improvements to the proposed Cypress Waters Boulevard extension; 3) entryway features for both streets; 4) sidewalks along both streets and a cycle track on Cypress Waters Boulevard; and 5) publicly accessible green space in the center of this phase of development. It is anticipated that this infrastructure will support over one million square feet of office development. Projects Within the Cypress Waters TIF District Utilizing TIF Funding1 Project

Location

Cypress Waters Blvd & Chapel Cypress Waters Phase 1 Oaks, northeast of Belt Line Rd and Hackberry Rd

Calendar Year Complete

Status

Units/ SF2

2013

Under Construction

673 units

Cypress Waters 2014 and Cypress Waters Phase 2 Blvd and Saintsbury 2021 St

planned

Subtotal

Approx. Value3

$45,000,000

1,000,000 sf office Not set

$45,000,000 673 units office value 1,000,000 sf office not set

TIF Investment4

$9,757,267*

TBD

$16,279,665*

1

All information updated as of September 30, 2012. Based upon either the TIF application or required minimum stated in the development agreement. May be updated for completed projects based on actual unit mix and square footage. 3 Based upon 1) market value of comparable projects for anticipated projects, 2) private investment stated in the development agreement for projects that are approved or under construction, or 3) DCAD market value for completed projects (unless project has not yet been assessed). 4 Principal amount not to be exceeded per the development agreement. TBD indicates that development agreement has not yet been adopted. Asterisk indicates investment also includes interest not shown. 2

Value and Increment Revenue Summary The Cypress Waters TIF District’s base tax value for 2010 was $73,382. This base value reflects adjustments to the base to reflect the final 2010 values of the parcels in the district. The district’s 2012 assessed tax value, as determined by the Dallas Central Appraisal District, was $219,394. This represents an increase of approximately $146,012 (198%) over the assessed value of the base year (2010) value. With the 5


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

participation of the City in 2012, this increase will result in the collection of approximately $989 in incremental revenue for the district, not including agricultural exemption rollback taxes collected, if any. Dallas County begins participation in 2014. Significant funds are not expected to be collected until Phase 1 is complete, the agricultural exemption is removed from the Phase 1 land in 2013, and a portion of the resulting rollback taxes are paid to the fund in 2014.

Objectives, Programs, and Success Indicators The final Cypress Waters Project Plan and Reinvestment Zone Financing Plan was adopted on June 8, 2011. The Final Project Plan addresses the following development goals and objectives: •

Create additional taxable value attributable to new private investment in projects in the Cypress Waters TIF District totaling approximately $2.2 billion over the thirty year life of the TIF district. Cypress Waters Phase 1 is expected to generate an additional $45 million in added taxable value. No significant additional taxable value is expected until the agricultural exemption for approximately 34 acres under Phase 1 is removed in 2013 and the Phase 1 project is complete.

Attract new private development, including approximately 10,000 new residential units, 4,000,000 square feet of commercial space (including approximately 700,000 square feet of data center use and 2,000,000 square feet of light warehouse/industrial use), and an estimated 150,000 square feet of pedestrianoriented retail space, all of which are anticipated to create an estimated 9,000 on-site jobs. Construction on Phase 1 began in January 2012. When complete, this project will add 673 multi-family homes, representing 6.6% of the housing goal. Phase 2 is planned to begin during fiscal year 2013 and will provide infrastructure in support of over 1 million square feet of office space.

To improve ridership on DART via the planned expansion along the Cotton Belt Line. The master plan for the district includes development adjacent to the planned Cotton Belt Station on the north side of the district.

6


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

Improve recreational opportunities for the community and the future residents within the TIF district via extensive, publicly accessible green space on the site along the lake edge and along power line easements, in addition to multiple parks, hike and bike trails, and pedestrian connections throughout the district. Additional open space may be available through the utilization of Coppell ISD land and as part of an MMD and/or TIF-funded public amenity center. The Phase 1 development includes extra wide sidewalks leading to the adjacent power line easement and to a future connection to the lake trail. The planned Phase 2 development includes a combination cycle track and pedestrian path along Cypress Waters Boulevard and three large green spaces in the district.

Create a model for exceptional development standards in terms of its complexity, scope, design, environmental sensitivity, and connectivity. The Phase 1 development is a model for dense, pedestrian-oriented development on under-utilized, infill property. On August 13, 2012, the board approved the Urban Design Guidelines for Projects Located in City of Dallas Tax Increment Financing Districts.

Develop the property in a manner where fiscal impacts for the remainder of the City are limited and a development pattern is secured that is a net benefit to the City from a fiscal, land use and community standpoint. Cypress Waters is in a location outside of currently accessible City services. As part of Phase 1, the developer has begun construction on temporary facilities for police and fire service.

Generate an NPV of $65 million or approximately $160 million in total dollars in TIF revenues over the 30-year life of the district. City participation in TIF increment collections began in tax year 2012. $989 in incremental revenue is expected for the district during the 2012 fiscal year.

Year-End Summary of Meetings and Council Items Prior to state law changing in 2011, the board could consist of up to ten members, including five City of Dallas appointees, one Coppell Independent School District appointee, one Carrollton-Farmers Branch Independent School District appointee, one Dallas County appointee, one Dallas Community College District appointee, and one Dallas County Hospital District appointee. On January 24, 2011, the Dallas County 7


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

Community College District officially waived its right to appoint a representative to the Cypress Waters TIF Board. This action allowed the City of Dallas to appoint a total of six members to the board. On March 28, 2012, the City Council approved changes to the by-laws for the district, including board composition. Board members appointed prior to September 1, 2011, including the representative from Coppell ISD and the representative from Dallas County Hospital District, will serve until their most recent two year terms expire in early 2013. Subsequently, the board will consist of seven directors: six appointed by the City Council and one appointed by Dallas County. During the fiscal year from October 1, 2011 to September 30, 2012, the Cypress Waters TIF District board of directors held 3 meetings. The board members were: Mary Poss, city appointee and chairperson (attended 3 of 3 meetings); Veletta Lill, city appointee (attended 3 of 3 meetings); Elizabeth Solender, city appointee (attended 3 of 3 meetings); Dr. Jose Gomez, city appointee (attended 3 of 3 meetings); Michael Buckley, city appointee and vice-chairperson (attended 3 of 3 meetings); Kelly Penny, Coppell ISD appointee (attended 2 of 3 meetings); Rick Loessberg, Dallas County appointee (attended 2 of 3 meetings); and Steven Roth, Dallas County Hospital District appointee (attended 2 of 3 meetings). The Carrollton-Farmers Branch Independent School District did not appoint a board member. During the fiscal year from October 1, 2011 to September 30, 2012, the City Council approved 4 items associated with the Cypress Waters TIF District: •

On February 22, 2012, Council authorized resolution number 12-0549 accepting the FY 2011 Annual Report on the status of Tax Increment Financing Reinvestment Zone Number Nineteen, (Cypress Waters TIF District), submitted by the Cypress Waters TIF District's Board of Directors, and authorizing the city manager to submit the annual report to the chief executive officer of each taxing jurisdiction that levies taxes on real property in the district and the state comptroller, as required by state law - Financing: No cost consideration to the City

On March 28, 2012, through Resolution 12-0904, Council approved Ordinance 28581 authorizing an amendment to Ordinance No. 28074, previously approved on December 8, 2010, to modify the composition of the board of directors for Tax Increment Financing Reinvestment Zone Number Nineteen (Cypress Waters TIF District) in accordance with amendments to the Tax Increment Financing Act Financing: No cost consideration to the City

On March 28, 2012, through Resolution 12-0905, Council authorized approval of by-laws for Tax Increment Financing Zone Nineteen (Cypress Waters TIF District) - Financing: No cost consideration to the City

8


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

On March 28, 2012, Council approved Resolution 12-0952 authorizing Supplemental Agreement No. 3 to the contract with the City of Coppell for wholesale treated water to provide for the delivery of treated water and wastewater services to the Cypress Waters Development which is located within the City of Dallas - Not to exceed $511,000 - Financing: Water Utilities Current Funds (subject to annual appropriations)

Pending TIF Items The Cypress Waters TIF District is expected to review the following items during FY 2012-2013: • •

Cypress Waters Phase 2 FY 2012 Annual Report for the Cypress Waters TIF District

Budget and Spending Status Each TIF district, in the Project Plan and Reinvestment Zone Financing Plan, establishes a budget for the public improvement expenditures necessary to support private investment in the district. The Cypress Waters TIF District was established in December 2010 and collected $0 in TIF funding in FY 2012. It is anticipated to collect approximately $989 in FY 2013. Significant funds are not expected to be collected until the agricultural exemption is removed from the Phase 1 land in 2013 and a portion of the resulting rollback taxes paid to the fund in 2014, and the Phase 1 construction is complete. The Cypress Waters budget and spending to date is shown below.

Cypress Waters TIF District Projected Increment Revenues to Retire TIF Fund Obligations* Category

TIF Budget

Public infrastructure improvements Public safety improvements Administration and implementation** Total project costs

Allocated

Balance

$146,732,396

$9,757,267

$136,978,129

$11,313,895

$0

$11,313,895

$2,065,585

$74,874

$1,990,711

$160,111,876

$9,832,141

$150,279,735

*Budget shown above in current dollars, updated yearly; TIF Project Plan shows the budget in net present value. Values above do not include interest payments. **Administration and implementation for FY 2012 are included in the above allocation.

9


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

Cypress Waters TIF District Project Plan Budget (NPV, 2008 dollars) Category Public infrastructure improvements: paving, streetscape, water/wastewater, storm sewer, utility burial/relocation, and land acquisition Public safety

TIF Budget* $58,198,583 $6,000,000 $1,500,000

Administration and implementation Total project costs

$65,698,583

* As approved in the Final Project Plan and Reinvestment Zone Financing Plan.

FY 2013 Work Program Pending items for the Cypress Waters TIF District include: ƒ ƒ

Encourage development projects within the district in accordance with the final Project Plan and Reinvestment Zone Financing Plan. Review and approve a request for funding in support of Cypress Waters Phase 2, including the construction of Cypress Waters Boulevard, the extension of Saintsbury Street, entryway features, sidewalks, and a cycle track.

10


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

Appendix: Financials City of Dallas, Texas Cypress Waters Tax Increm ent Financing District Fund Reinvestm ent Zone Num ber Nineteen As of Septem ber 30, 2012 Chapter 311.016 of V.C.T.A. requires the follow ing information as part of the annual report on the status of the TIF District. Information is contained in detail on the attached financial statements.

1. Am ount and source of revenue in the tax increm ent fund established for the zone: $0 Interest Income $0 Affordable housing payment $0 Ad Valorem Taxes (Collected in FY'2011-12 based on 2011 Final Tax Roll) $0

Total Revenue

2. Am ount and purpose of expenditures from the fund: $20,737 Administrative Expense $0 Interest and fiscal charges $20,737

Total Expenditures

3. Am ount of Principal and Interest due-on outstanding indebtedness: a. The zone did not have any bonded indebtedness at fiscal year end. b. The Zone has entered into a development agreement w ith Billingsley LD, Ltd for the Cypress Waters Phase I development in an amount not to exceed $9,757,267 plus interest w ith anticipated completion by December 31, 2014 and reimbursement to begin thereafter upon availability of TIF funds.

4. Tax increm ent base and current captured appraised value retained by the zone: Taxing Jurisdiction

Taxable

Base Year

Est. Captured

Value 2012*

2010 Value

Value 2012**

City of Dallas

$219,394

$73,383

$146,011

Dallas County

$217,397

$73,383

$0

Dallas Independent School District

$0

$0

$0

Dallas County Hospital District

$0

$0

$0

Dallas County Community College Dist.

$0

$0

$0

*Taxable value show n for participating taxing jurisdictions. County w ill begin participating in tax year 2014 and the values w ill vary slightly from the City value due to different exemption levels. **Based on preliminary Taxable Value. The final values w ill be determined on February 01, 2013.

11


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

5. Captured appraised value by the m unicipality and other taxing units, the total am ount of the tax increm ent received, and any additional inform ation necessary to dem onstrate com pliance w ith the tax increm ent financing plan adopted by the governing body of the m unicipality: A. Estimated tax increment shared by the municipality and other participating taxing jurisdictions: Am ount of Assessm ent Estim ated 2012 Taxing Jurisdiction

Per $100***

Increm ent***

City of Dallas

0.67745

Dallas County

0.00000

$989 $0

Dallas Independent School District

0.00000

$0

Dallas County Hospital District

0.00000

$0

Dallas County Community College District

0.00000

$0

$0.67745

$989

Total for all Jurisdictions

***Participation rates for City of Dallas and Dallas County are 85% for tax years 2012 to 2034 and 55% for tax years 2014 to 2033 respectively. B. The total amount of estimated tax increment to be billed for the 2012 tax year is $989. For the 2011 tax year, no increment

12


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

City of Dallas, Texas Cypress Waters Tax Increm ent Financing District Fund Balance Sheet as of Septem ber 30, 2012 (Unaudited) With Com parative Totals for Septem ber 30 2011 and 2010 (Audited)

2012

2011

2010

Assets: Pooled cash and cash equivalents

$0

$0

$0

Interest receivable

$0

$0

$0

$0

$0

$0

Total assets Liabilities and Fund Balance (Deficit): Liabilities: Accounts and contracts payable Due to general fund Total liabilities

$0

$0

$0

$74,874

$54,138

$8,025

$74,874

$54,138

$8,025

($74,874)

($54,138)

($8,025)

Fund Balance (Deficit): Fund Balance (Deficit) Total Liabilities and Fund Equity

$0

$0

$0

$0

$0

$0

Cypress Waters Tax Increm ent Financing District Fund Statem ent of Revenues, Expenditures and Changes in Fund Balance (Deficit) For the Period Septem ber 30, 2012 (Unaudited) With Com parative Totals for Septem ber 30 2011 and 2010 (Audited)

2012

ITD

2011

2010

Revenues: Tax increment-Governmental

$0

$0

$0

$0

Tax increment-Intergovernmental

$0

$0

$0

$0

Interest income

$0

$0

$0

$0

Affordable housing payment

$0

$0

$0

$0

Net increase (decrease) in fair value of investments

$0

$0

$0

$0

$0

$0

$0

$0

Total revenues Expenditures:

$74,874

$20,737

$46,113

$8,025

Non-Capital Outlay

Administrative expenses

$0

$0

$0

$0

Capital outlay

$0

$0

$0

$0

Interest and fiscal charges

$0

$0

$0

$0

$74,874

$20,737

$46,113

$8,025

($74,874)

($20,737)

($46,113)

($8,025)

$0

($54,138)

($8,025)

$0

$0

($54,138)

($8,025)

$0

($74,874)

($54,138)

Total expenditures Excess (Deficiency) of Revenues over Expenditures Fund balance (Deficit) at beginning of year as previously reported Fund balance (Deficit) at beginning of year, as restated Fund balance (deficit) at end of year

($74,874)

($8,025)

Note: Fiscal year 2011-12 unaudited financial statem ents are based on prelim inary close num bers and are subject to review by the City Controller's Office prior to approval by the City Council. In case of any m aterial changes, TIF board w ill be provided w ith the updated financial statem ents.

13are based on 12th period close numbers and are subject to Note: Fiscal year 2010-11 unaudited financial statements


Exhibit A - Cypress Waters TIF District

FY 2012 Annual Report

City of Dallas, Texas Cypress Waters Tax Increment Financing District Notes to Financial Statements for the Year Ended September 30, 2012 1.

The measurement focus used for the TIF Zone fund is a flow of financial resources. The financial statements are prepared using the modified accrual basis of accounting. Under the modified accrual basis of accounting, tax increment revenues and interest are recognized as revenue when they become both "measurable" and "available" to finance expenditures of the current period. Expenditures are recognized when the liability is incurred.

2.

The TIF's cash balances are invested in the City’s investment pool and include amounts in demand deposits as well as short-term investments. Pooled investments and short-term nonpooled investments are treated as cash equivalents. Investment income on the pooled investments is prorated monthly based upon the average daily cash balance in each fund.

3.

State statute requires that each taxing jurisdiction remit its ad valorem taxes to the Zone by May 1 of each year (remittance to occur no more than 90 days after taxes for the jurisdiction become delinquent).

4.

The Zone's Financial Plan permits expenditures not to exceed $2,065,585 over the life of the TIF to reimburse the City for administrative costs. Any future remittance for administrative expenses would come from excess cash as tax increment revenue increases as a result of increased assessed values.

14


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

3

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 31

54 B

________________________________________________________________

SUBJECT Authorize (1) an agreement with the State of Texas for the design and construction of the Kessler Theater Pedestrian Amenities project; (2) the receipt and deposit of Regional Toll Revenue funds from the State of Texas, acting by and through the Texas Department of Transportation (TxDOT), in the amount of $179,200; and (3) an increase in appropriations in the amount of $179,200 in the Regional Toll Revenue II Fund - Not to exceed $179,200 - Financing: Regional Toll Revenue II Funds BACKGROUND This action will authorize an agreement between the City of Dallas and the State of Texas for streetscape improvements within public right-of-way associated with the Kessler Theater. On October 26, 2006, the Texas Transportation Commission (the “Commission”) approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG), concerning the use of surplus toll revenue in the region; allowing the RTC to select projects to be financed using surplus revenue from a toll project, subject to Commission concurrence. On September 29, 2011, the RTC selected the Kessler Theater Pedestrian Amenities project to be funded from the State Highway 161 Subaccount regional toll road revenues (“RTR funds”) for the construction of sidewalk enhancements and pedestrian improvements along West Davis Street from Clinton Avenue to North Winnetka Avenue; and along North Clinton Avenue from West Davis Street to West Seventh Street. The project scope also includes the public alley to the east of the theater site.


BACKGROUND (Continued) The $179,200 in RTR funds will be leveraged (including required local match) by approximately $60,000 of the $1 million that the Stratford Land Fund III, L.P. deposited into Davis Garden TIF District Tax Increment Fund, pursuant to Resolution No. 11-1750 on June 22, 2011, and pursuant to a development agreement with Kessler Theater, LLC as amended by Resolution No. 13-0209 on January 23, 2013. Design of the project has been commissioned by the Kessler Theater, LLC, that will utilize a portion of this TIF funding. Construction of the improvements will be advertised and awarded by the City with RTR funding used to pay for eligible project costs. ESTIMATED SCHEDULE OF PROJECT Began Design Complete Design Begin Construction Complete Construction

September 2012 June 2013 September 2013 December 2014

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 22, 2011, City Council authorized the Third Amendment to the Development Agreement with Stratford Land Fund III, L.P. (formerly INCAP) that included the acceptance of funds in the amount of $1 million for future TIF infrastructure improvements that benefit the Davis Garden TIF District by Resolution No. 11-1750. On September 23, 2011, the Davis Garden Board voted to approve funding for a prioritized list of potential streetscape and open space improvements in the District, including an amount not to exceed $60,000 in matching funds for the Kessler Theater streetscape project, from the $1 million advanced by Stratford Land Fund III, L.P., and recommended each for approval by City Council. On January 17, 2012, the Economic Development Committee approved the Davis Garden TIF Board’s recommendation to utilize Stratford Land Fund III, L.P.’s $1 million deposit into the Davis Garden TIF District Increment Fund to fund the prioritized list of potential streetscape and open space improvements including an amount not to exceed $60,000 in matching funds for the Kessler Theater streetscape project. On January 23, 2013, City Council authorized an amendment to the development agreement with the Kessler Theater, LLC that included a deadline extension for completion of streetscape improvements associated with the RTR funds by Resolution No. 13-0209. On February 19, 2013, a memo was submitted to the Economic Development Committee to consider an agreement with the State of Texas for the Kessler Theater Pedestrian Amenities Project.

Agenda Date 02/27/2013 - page 2


FISCAL INFORMATION $179,200 - Regional Toll Revenue II Funds MAP Attached.

Agenda Date 02/27/2013 - page 3


GREEN

TYLER

S

EVERTS TURNER

MONTCLAIR

KI NG

WINNETKA

KYLE

CANTY

TAFT

TURNER

WINSTON

RANIER

Kessler Theater

DAVIS

EDGEFIELD

7TH

TYLER

10TH

ERS ON

JEF F

ERS

ON

CLINTON

JEF F

POLK

WINDOMERE

9TH

WILLOMET

8TH

This product is for informational purposes and SUNSET may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.

Kessler Theater Project Location Office of Economic Development January 2013


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the State of Texas has received money from the North Texas Tollway Authority for the SH 121 toll project; and WHEREAS, pursuant to the Transportation Code, 228.006, the State of Texas shall authorize the use of surplus revenue of a toll project for transportation project, highway project, or air quality project within the district of the Texas Department of Transportation (TxDOT) in which any part of the toll project is located; and WHEREAS, the Regional Transportation Council (RTC), which is the transportation policy body of the North Central Texas Council of Governments (NCTCOG) and a federally designated metropolitan planning organization (MPO), was designated by the Texas Transportation Commission on October 26, 2006, to select and oversee projects to be financed using the Regional Toll Revenue (RTR) fund; and WHEREAS, on September 29, 2011, the RTC selected the Kessler Theater Pedestrian Amenities project to be funded from the State Highway 161 Subaccount regional toll road revenues (“RTR funds”) for the construction of sidewalk enhancements and pedestrian improvements; and WHEREAS, on June 22, 2011, City Council authorized the Third Amendment to the Development Agreement with Stratford Land Fund III, L.P. (formerly INCAP) that included the acceptance of funds in the amount of $1 million for future TIF infrastructure improvements that benefit the Davis Garden TIF District by Resolution No. 11-1750; and WHEREAS, on September 23, 2011, the Davis Garden Board voted to approve funding for a prioritized list of potential streetscape and open space improvements in the District, including an amount not to exceed $60,000 in matching funds for the Kessler Theater streetscape project, from the $1 million advanced by Stratford Land Fund III, L.P. and recommended each for approval by City Council; and WHEREAS, on January 17, 2012, the Economic Development Committee approved the Davis Garden TIF Board’s recommendation to utilize Stratford Land Fund III, L.P.’s $1 million deposit into the Davis Garden TIF District Increment Fund to fund the prioritized list of potential streetscape and open space improvements including an amount not to exceed $60,000 in matching funds for the Kessler Theater streetscape project; and WHEREAS, the development agreement with the Kessler Theater, LLC, as amended by Resolution No. 13-0209, included a deadline extension for completion of streetscape improvements associated with the RTR funds; and WHEREAS, it is also necessary to authorize an agreement with the State of Texas and receipt of payment for the Kessler Theater Pedestrian Amenities project in the amount of $179,200.


COUNCIL CHAMBER

February 27, 2013 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager, upon approval as to form by the City Attorneys Office, is hereby authorized to execute an agreement with the State of Texas for the design and construction of the Kessler Theater Pedestrian Amenities project in the amount of $179,200. Section 2. That the City Controller is hereby authorized to receive and deposit funds from the State of Texas, acting by and through the Texas Department of Transportation (TxDOT) in accordance with the terms and conditions of the agreement in the amount of $179,200, into the Regional Toll Revenue II Fund S260, Department ECO, Unit P782, Revenue Source. 6516. Section 3. That the City Manager is hereby authorized to increase appropriations in the Regional Toll Revenue II Fund S260, Department ECO, Unit P782, Object Code 4510, Activity INGV, in the amount of $179,200. Section 4. That in accordance with the provisions of the agreement with TxDOT, the City Controller is hereby authorized to return any unused funds and interest earned on the funds upon completion of this project to TxDOT. Section 5. That the Director of the Office of Economic Development may authorize minor modifications to the Project including project boundaries, scope of improvements, deadlines, and developer assignment and execute any amendments to the agreement that are related to such modifications. Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


KEY FOCUS AREA:

A Cleaner, Healthier City Environment

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 32

N/A

________________________________________________________________

SUBJECT Authorize Supplemental Agreement No. 1 to the contract with Metro Dallas Homeless Alliance to add additional funding to provide operations training, maintenance of the software and computer system and technical support with respect to the Homeless Management and Information System (HMIS) for the period October 1, 2012 through September 30, 2013 - Not to exceed $50,140, from $50,000 to $100,140 - Financing: 2012-13 Emergency Solutions Grant Funds BACKGROUND On December 5, 2011, the U.S. Department of Housing and Urban Development (HUD) released the interim rule for the HEARTH: Emergency Solutions Grant program and Consolidated Plan Conforming Amendments which replaced the Emergency Shelter Grant program and mandates recipients/subrecipients to participate in Homeless Management Information System. On June 27, 2012, City Council approved the FY 2012-13 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) grant funds by Resolution No. 12-1629, which included the Emergency Solutions Grant - first allocation. The McKinney-Vento Act requires for the first time that projects receiving funding under Emergency Solutions Grant (ESG) program participate in a Homeless Management Information System (HMIS). The information system is designated by the Dallas Continuum of Care (DCC) to comply with HUD’s data collection, management, and reporting standards and used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Metro Dallas Homeless Alliance (MDHA) has been selected by HUD as the local administrator of HMIS for the local DCC and sole provider of HMIS.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 10, 2012, City Council authorized a contract with Metro Dallas Homeless Alliance to provide operations training, maintenance of the software and computer system and technical support with respect to the Homeless Management and Information System by Resolution No. 12-2518. On June 27, 2012, City Council adopted the FY 2012-13 Consolidated Plan budget for the U.S. Department of Housing and Urban Development Grant Funds. Included in the FY 2012-13 Consolidated Plan budget is Emergency Solutions Grant funding in the amount of $1,375,313 by Resolution No. 12-1629. FISCAL INFORMATION $50,140 - 2012-13 Emergency Solutions Grant Funds

Agenda Date 02/27/2013 - page 2


COUNCIL CHAMBER

February 27, 2013 WHEREAS, on December 5, 2011, the U.S. Department of Housing and Urban Development (HUD) released the interim rule for the HEARTH: Emergency Solutions Grant program and Consolidated Plan Conforming Amendments which replaced the Emergency Shelter Grant program and mandates recipients/subrecipient to participant in Homeless Management Information System (HMIS); and WHEREAS, on June 27, 2012, City Council approved the FY 2012-13 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) grant funds by Resolution No. 12-1629, which included the Emergency Solutions Grant - first allocation; and WHEREAS, on October 10, 2012, City Council authorized a contract with Metro Dallas Homeless Alliance to provide training, maintenance of the software and computer system and technical support with respect to the Homeless Management and Information System (HMIS) by Resolution No. 12-2518; and WHEREAS, additional funding is needed to meet HMIS data standards and requirements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into Supplemental Agreement No. 1 to the contract with Metro Dallas Homeless Alliance to add additional funding to provide operations training, maintenance of the software and computer system and technical support with respect to the Homeless Management and Information System (HMIS) for the period October 1, 2012 through September 30, 2013, and execute any and all documents required by the contract. Section 2. That the City Controller is hereby authorized to disburse funds to Metro Dallas Homeless Alliance from Fund ES12, Dept. HOU, Unit 902E, Object Code 3099, Encumbrance No. CTGH184547A, Vendor No. 517577, in an amount not to exceed $50,140. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


KEY FOCUS AREA:

A Cleaner, Healthier City Environment

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 33

N/A

________________________________________________________________

SUBJECT Authorize a contract with The Family Place, Inc. to add additional funding for homeless prevention services to victims of domestic violence for the period January 1, 2013 through September 30, 2013 - Not to exceed $78,635 - Financing: 2012-13 Emergency Solutions Grant Funds BACKGROUND On May 20, 2009, the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act was created. The HEARTH Act codified into law and enhanced the Continuum of Care planning process. The Continuum of Care program consolidated homeless programs and renamed the Emergency Shelter Grant to Emergency Solutions Grants (ESG). The Act also broadens existing emergency shelter and homeless prevention activities to include: essential services, shelter operations, homeless prevention, rapid re-housing, data management, and administration. On March 28, 2012 and June 27, 2012, the City Council approved the specific allocations to each of the eligible categories for the ESG funds awarded to the City of Dallas. On November 2, 2012, a Request for Competitive Sealed Proposals (RFCSP), BDZ1304, was published for the 2012-13 Emergency Solutions Grant - Homelessness Prevention in the amount of $78,635. The Family Place, Inc. was awarded $78,635 to provide homeless prevention services to serve additional clients. Housing Relocation & Stabilization was increased by $15,950 and Financial Assistance was increased by $62,685.


BACKGROUND (Continued) The Family Place, Inc. is a non-profit facility and one of the first shelters for victims of domestic violence in the state of Texas in 1978 with the mission to eliminate family violence. They allow up to a 45-day stay at the shelter location or longer. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 14, 2012, City Council authorized a twelve-month contract, with one twelve-month renewal option with The Family Place, Inc. to provide eligible Emergency Solutions Grant essential services, shelter operations, and homeless prevention services to the homeless by Resolution No. 12-2737. FISCAL INFORMATION $78,635 - 2012-13 Emergency Solutions Grant Funds

Agenda Date 02/27/2013 - page 2


COUNCIL CHAMBER

February 27, 2013 WHEREAS, on June 27, 2012, City Council adopted the FY 2012-13 Consolidated Plan budget for the U.S. Department of Housing and Urban Development (HUD) Grant Funds. Included in the FY 2012-13 Consolidated Plan budget is Emergency Solutions Grant (ESG) funding (Grant No. E-12-MC-48-0001) in the amount of $1,375,313 by Resolution No. 12-1629; and WHEREAS, the FY 2012-13 Emergency Solutions Grant funds are contingent upon the United States Department of Housing and Urban Development’s approval of the City’s FY 2012-13 Action Plan and execution of the grant agreement; and WHEREAS, the Emergency Solutions Grant funds will be used to provide emergency solution services, including temporary shelter that will assist the newest segment of the homeless population - families and children; and WHEREAS, The Family Place, Inc. is a non-profit 501(c)(3) corporation throughout the City of Dallas who provides services that meet the criteria set forth for Emergency Solutions Grant individuals or families who are in crisis; and WHEREAS, the City desires to provide additional funding for Emergency Solutions Grant funds with The Family Place, Inc. to provide services for those at-risk of homelessness; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into a contract with The Family Place, Inc. to add additional funding for homeless prevention services to victims of domestic violence for the period January 1, 2013 through September 30, 2013, and execute any and all documents required by the contract. Section 2. That the City Controller is hereby authorized to disburse funds for the Emergency Solutions Grant contract from Dept. HOU, to Vendor No. 243202, according to the attached Schedule in an amount not to exceed $78,635. Section 3. That the matching funds will be provided by the non-profit agency as specified according to the attached Schedule. Section 4. 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.


SCHEDULE The Family Place, Inc. 2012-13 Emergency Solutions Grant January 1, 2013 through September 30, 2013

Fund Unit

Object Encumbrance Code Number Description

ES12

905E

3099

CTGH184556A

ES12

906E

3099

CTGH184557A

Award Amount

Matching Funds

Source of Match

Homeless $62,685 Prevention Finanical Asst.

$62,685

Private Donations

Homeless Prevention HRSS

$15,950

$15,950

Private Donations

Total

$78,635 $78,635


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 34

N/A

________________________________________________________________

SUBJECT Authorize an amendment to the Mortgage Assistance Program for FY 2012-13 to add an eligible homebuyer category to include those homebuyers purchasing a new home constructed on properties sold by the Dallas Housing Acquisition and Development Corporation (DHADC or Land Bank) - Financing: No cost consideration to the City BACKGROUND The Mortgage Assistance Program (MAP) is funded with U.S. Department of Housing and Urban Development (HUD) annual allocations. MAP provides principal reduction, down payment, and closing cost assistance to eligible homebuyers to purchase a home in the City of Dallas. MAP provides homeownership opportunities for residents of the City of Dallas earning at or below 80% of area median family income. Historically, the Housing/Community Services Department has contracted with Enterprise Community Partners to administer the program. In the Spring of 2012, Enterprise Community Partners, Inc. notified the City of Dallas that it would not renew its contract. As of October 1, 2012, the Housing/Community Services Department began operating the MAP Program in-house. The MAP Program currently has two categories of funds: 1) eligible homebuyers purchasing existing homes may receive up to $8,500 in principal reduction and closing cost assistance with a 5-year forgivable loan; and 2) eligible homebuyers purchasing a home constructed by a Certified Community Housing Development Organization (CHDO) may receive up to $20,000 in principal reduction and closing cost assistance with a 10-year forgivable loan.


BACKGROUND (continued) This Council action will approve changes to the policy that will be used for the MAP Program during FY 2012-13. It will add a third category of eligible homebuyers to include those purchasing a new home that is constructed on properties sold by the Dallas Housing Acquisition and Development Corporation (DHADC or Land Bank). This category of homebuyer may receive up to $10,000 in principal reduction and closing cost assistance with a 5-year forgivable loan. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 24, 2009, the City Council approved the FY 2009-10 Consolidated Plan Budget for the Mortgage Assistance Program by Resolution No. 09-1635. On June 27, 2012, the City Council approved the final FY 2012-13 Consolidated Plan Budget for U.S. Department of Housing and Urban Development Grant Funds by Resolution No. 12-1629. On August 20, 2012, the Housing Committee of the City Council was briefed on the MAP program changes for FY 2012-13 including bringing the Program in-house. On September 26, 2012, the City Council approved the FY 2012-13 Mortgage Assistance Program by Resolution No. 12-2403. FISCAL INFORMATION No cost consideration to the City

Agenda Date 02/27/2013 - page 2


COUNCIL CHAMBER

February 27, 2013 WHEREAS, homeownership is a high priority of the City of Dallas; and, WHEREAS, the Mortgage Assistance Program provides assistance to eligible homebuyers; and, WHEREAS, on June 27, 2012, the City Council approved the final FY 2012-13 Consolidated Plan Budget for U.S. Department of Housing and Urban Development Grant Funds by Resolution No. 12-1629; and, WHEREAS, the City now desires to amend the Mortgage Assistance Program for the period October 1, 2012 through September 30, 2013; NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is authorized to amend the Mortgage Assistance Program (MAP) for FY 2012-13 to add an eligible homebuyer category to include those homebuyers purchasing a new home constructed on properties sold by the Dallas Housing Acquisition and Development Corporation (DHADC or Land Bank). SECTION 2. That the City Manager is authorized to execute such instruments, upon approval as to form by the City Attorney, as may be necessary to carry out the program in accordance with the MAP Program Statement (Exhibit A attached). SECTION 3. That the City Controller be authorized to encumber and disburse funds in accordance with the MAP Program Statement. 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 is accordingly so resolved.


EXHIBIT A FY 12-13 PROGRAM STATEMENT (REVISED) MORTGAGE ASSISTANCE PROGRAM (MAP)

Program Purpose: z

To provide homeownership opportunities to low to moderate income homebuyers through the provision of financial assistance in purchasing a home

z

To incentivize new construction of homes for enhancement of the property tax base

General Provisions: z

Homes must be located in the Dallas city limits

z

Homebuyer must successfully complete homeownership education from an approved counseling agency

z

Borrower may obtain a conventional, FHA, or portfolio loan through an approved lender. High cost or sub-prime loans, adjustable rate mortgages (ARM), interest only loans are not allowed. Borrower may also pay cash

z

For this program, low to moderate income is defined as a household with calculated income at 80% or less of the Area Median Family Income, adjusted for family size

z

Sufficient income and household size documentation to certify eligibility per HUD guidelines is required

z

Borrower must be a U.S. citizen or a permanent resident, and possess a valid social security card

z

Borrower must occupy the property as a primary residence

z

All properties purchased under this program must meet federal and local requirements including Minimum Acceptable Property Standards (MAPS) and international residential code

z

Home sales prices may not exceed the Single Family Mortgage Limits under Section 203 (b) of the National Housing Act


z

Homebuyer mortgage affordability must meet front-end debt ratio of 35% and back-end debt ratio of 45%

z

The maximum amount of assistance to be used to pay Borrower’s closing costs is $4,000. Cash back at closing and discount points paid by the Borrower are not allowed

z

The City Manager, or his designee, is authorized to implement the Mortgage Assistance (MAP) program as per this Program Statement, execute any documents necessary to implement this program, and grant waivers to the Mortgage Assistance Program guidelines, as set forth in this Program Statement, without further City Council authorization, on a case by case basis

z

Under exceptional cases, loan guarantees may be granted for Community Housing Development Organizations (CHDOs) that provide permanent mortgage financing and have the financial capacity to payback the MAP loan in the event of default. Guarantees must receive Housing/ Community Services Director approval

z

The City Manager, or a designee, is authorized to review portfolio loans for appropriate affordability compliance and release those loans that have met those compliance requirements

z

Assistance may be provided from only one of the categories listed below

Categories of Assistance: Category #1: Available Funding $340,000 – Homebuyer Assistance for Existing Homes z

Provide (i) principal reduction and (ii) closing cost assistance to low to moderate income homebuyers for existing homes

z

An existing home is defined as a home which was previously occupied by another homeowner

z

Subsidy amount up to $8,500

z

Principal reduction and closing cost assistance will be provided in the form of a lump sum payment at closing. In exchange for the assistance, the homebuyer must execute and place a lien and deed restrictions on the property for a five (5) year term for the amount of principal reduction assistance provided

z

The lien is amortized and forgiven over a five year period


z

All properties assisted with MAP funds must meet Minimum Housing Standards (MHS). As part of the total subsidy, MHS repair funds cannot exceed $1,500

Category #2: Available Funding $1,760,000$1,360,000 – Homebuyer Assistance for Newly Constructed Community Housing Development Organization (CHDO) Homes z

Provides (i) principal reduction and (ii) closing cost assistance to low to moderate income homebuyers for newly constructed homes

z

A newly constructed CHDO home is defined as a home which has not been previously occupied by another homeowner and constructed by a City of Dallas Certified CHDO

z

Subsidy amount up to $20,000

z

Principal reduction and closing cost assistance will be provided in the form of a lump sum payment at closing. In exchange for the assistance, the homebuyer must execute and place a lien and deed restrictions on the property for a ten (10) year term for the amount of principal reduction assistance provided

z

The lien is amortized and forgiven over a ten year period

z

Each organization, including affiliates, is limited in its access to total funding up to 50% of the available funding for this category (i.e. 50% of $1,000,000 or $500,000)

Category #3: Available Funding $400,000 – Homebuyer Assistance for Newly Constructed Homes on Lots Purchased from the Dallas Housing Acquistion and Development Corporation (DHADC or Land Bank) z

Provides (i) principal reduction and (ii) closing cost assistance to low to moderate income homebuyers for newly constructed homes on Land Bank lots

z

A newly constructed home is defined as a home which has not been previously occupied by another homeowner

z

Subsidy amount up to $10,000


z

Principal reduction and closing cost assistance will be provided in the form of a lump sum payment at closing. In exchange for the assistance, the homebuyer must execute and place a lien and deed restrictions on the property for a five (5) year term for the amount of principal reduction assistance provided

z

The lien is amortized and forgiven over a five year period


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

4

DEPARTMENT:

Housing/Community Services

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 35

55Z

________________________________________________________________

SUBJECT Authorize a public hearing to be held on April 10, 2013 to receive comments on the proposed sale of one unimproved property (list attached) acquired by the taxing authorities from the Sheriff to Dallas Neighborhood Alliance for Habitat, Inc., a qualified non-profit organization, under the HB110 process of the City’s Land Transfer Program and the release of the City’s non-tax liens included in the foreclosure judgment and post-judgment non-tax liens, if any - Financing: No cost consideration to the City BACKGROUND The HB110 process of the City’s Land Transfer Program, in accordance with Section 2-26 of the Dallas City Code (“Code”) and with Section 253.010 of the Texas Local Government Code, permits the City to sell land, which the City has acquired as a trustee, for itself and the other taxing jurisdictions, from the Sheriff pursuant to the tax foreclosure process, to a qualified non-profit organization for the purpose of providing affordable housing, subject to the consent of the other taxing jurisdictions. Property eligible for the HB110 process of the City’s Land Transfer Program must be sold by quitclaim deed and include a possibility of reverter and right of re-entry, triggered under certain conditions, including if construction of affordable housing is not completed on the property within three years of the non-profit’s receipt of the quitclaim deed. The quitclaim deed must also include deed restrictions that ensure the desired development of the property and maintain the affordability of the property as required by the Code. Per the Code, the sales price of each property is $1,000 for up to 7,500 square feet of land plus $0.133 for each additional square foot of land, which amount is distributed by the City to both the City and the other taxing jurisdictions in accordance with Section 34.06 of the Texas Tax Code, plus an amount equal to the actual fees charged for recording the Sheriff’s deed and the quitclaim deed in the real property records. Prior to the approval of any sale, the Code requires that the City Council hold a public hearing to receive comments on the proposed sale of land and provide certain notices to the public.


BACKGROUND (continued) Dallas Neighborhood Alliance for Habitat, Inc., submitted a proposal to construct one (1) single-family home containing approximately 1,279 square feet on the one unimproved HB110 process-eligible, Land Transfer Program property, identified on Exhibit A, attached to the resolution, for purchase by low to moderate income homebuyer at a proposed sales price from $75,000 to $85,000 with construction to begin in March 2016. This item calls for a public hearing on April 10, 2013, at 1:00 PM in the City Council Chambers, Dallas City Hall, 6th floor, 1500 Marilla Street, Dallas, Texas, to allow the public an opportunity to comment on the proposed sale of the one unimproved property to Dallas Neighborhood Alliance for Habitat, Inc. At the close of the public hearing, the City Council will be asked to authorize the sale of the property to Dallas Neighborhood Alliance for Habitat, Inc., by quitclaim deed and the release of the City’s non-tax liens included in the foreclosure judgment and the post-judgment non-tax liens, if any. In conformance with the Code, at least ten calendar days prior to the public hearing, a sign indicating the time and place of the public hearing will be placed on the property, notification of the public hearing will be mailed to property owners within 200 feet of the property, and notice of the public hearing will be published in the Dallas Morning News. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item has no prior action. FISCAL INFORMATION No cost consideration to the City MAP Attached

Agenda Date 02/27/2013 - page 2


Tax Foreclosure and Seizure Property Resale Parcel No. Address

Non-Profit Organization

1.

Dallas Neighborhood Alliance for Habitat, Inc.

2531 Exeter

DCAD Amount

Sale Amount

$6,900

$1,000.00

Vac/ Imp

Zoning

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COUNCIL CHAMBER

February 27, 2013 WHEREAS, the of the City’s Land Transfer Program, in accordance with Section 2-26 of the Dallas City Code (“Code”) and with Section 253.010 of the Texas Local Government Code, permits the City to sell land, which the City has acquired as a trustee, for itself and the other taxing jurisdictions, from the Sheriff pursuant to the tax foreclosure process, to a qualified non-profit organization for the purpose of providing affordable housing, subject to the consent of the other taxing jurisdictions; and WHEREAS, property eligible for the HB110 process of the City’s Land Transfer Program must be sold by quitclaim deed and include a possibility of reverter and right of re-entry, triggered under certain conditions, including if construction of affordable housing is not completed on the property within three years of the non-profit’s receipt of the quitclaim deed; and WHEREAS, the quitclaim deed must also include deed restrictions that ensure the desired development of the property and maintain the affordability of the property as required by the Code; and WHEREAS, per the Code, the sales price of each property is $1,000 for up to 7,500 square feet of land plus $0.133 for each additional square foot of land, which amount is distributed by the City to both the City and the other taxing jurisdictions in accordance with Section 34.06 of the Texas Tax Code, plus an amount equal to the actual fees charged for recording the Sheriff’s deed and the quitclaim deed in the real property records; and WHEREAS, prior to the approval of any sale, the Code requires that the City Council hold a public hearing to receive comments on the proposed sale of land and provide certain notices to the public; and WHEREAS, Dallas Neighborhood Alliance for Habitat, Inc., submitted a proposal to construct one (1) single-family home containing approximately 1,279 square feet on the one unimproved HB110 process-eligible, Land Transfer Program property, identified on Exhibit A, attached to the resolution, for purchase by low to moderate income homebuyer at a proposed sales price from $75,000 to $85,000 with construction to begin in March 2016; and WHEREAS, at least ten calendar days prior to the public hearing, a sign indicating the time and place of the public hearing will be placed on the property, notification of the public hearing will be mailed to property owners within 200 feet of the property, and notice of the public hearing will be published in the Dallas Morning News; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

February 27, 2013 Section 1. That the public hearing shall be held at 1:00 p.m. on April 10, 2013 in the City Council Chambers, Dallas City Hall, 6th floor, 1500 Marilla Street, Dallas, Texas, at which time any interested person may appear and speak for or against the proposed sale by quitclaim deed of one (1) unimproved property, identified on Exhibit A, acquired by the taxing authorities from the Sheriff to Dallas Neighborhood Alliance for Habitat, Inc., a qualified non-profit organization in accordance with the HB 110 process of the Cityâ&#x20AC;&#x2122;s Land Transfer Program. Section 2. That at least ten calendar days prior to the public hearing, a sign indicating the time and place of the public hearing shall be placed on the property, notification of the public hearing shall be mailed to property owners within 200 feet of the property, and notice of the public hearing shall be published in the Dallas Morning News. Section 3. That this resolution shall take effect immediately from and after its passage, in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


KEY FOCUS AREA:

AGENDA ITEM # 36 Make Government More Efficient, Effective and Economical

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

N/A

DEPARTMENT:

Office of Financial Services

CMO:

Jeanne Chipperfield, 670-7804

MAPSCO:

N/A

________________________________________________________________

SUBJECT Authorize a public hearing to be held on March 27, 2013 to receive comments on the proposed FY 2013-14 Operating, Capital, Grant, and Trust budgets - Financing: No cost consideration to the City BACKGROUND Each year the City of Dallas holds a series of public hearings to provide the citizens of Dallas the opportunity to speak on next year's budget. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City.


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the City Council is committed to providing the citizens of Dallas with the opportunity to speak on the City's proposed FY 2013-14 budget; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That a public hearing on the City's proposed FY 2013-14 Operating, Capital, Grant and Trust budgets will be held on March 27, 2013 in the Council Chambers. Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

Outside City Limits

DEPARTMENT:

Office of Management Services Intergovernmental Services

CMO:

Mary K. Suhm, 670-5306 Jeanne Chipperfield, 670-7804

MAPSCO:

AGENDA ITEM # 37

N/A

________________________________________________________________

SUBJECT Authorize an amendment to the mineral lease between the City of Dallas, the City of Fort Worth, the Dallas/Fort Worth International Airport Board, and Chesapeake Exploration, L.L.C. – Financing: No cost consideration to the City BACKGROUND The City of Dallas, the City of Fort Worth, and the Dallas/Fort Worth International Airport Board were in litigation with Chesapeake Exploration, L.L.C. regarding two issues that arose under the Lease: the measure of royalties and the measure of “Retained Tracts”. In December, 2011, the Dallas City Council and the Fort Worth City Council voted to approve an amendment to the Lease to allow for partial settlement with regard to the issue of retained tracts. That settlement set forth the exact dimensions of the Retained Tracts and provided that in order to retain it, Chesapeake must drill in that sector three new wells by the end of 2012, three additional wells by the end of 2013, and eight additional wells by the end of 2014. In March and April, 2012, respectively, the Fort Worth City Council and the Dallas City Council voted to postpone the 2012 three-well commitment to the end of 2013, due to the fact that natural gas prices had not risen sufficiently to justify the cost of drilling to either Lessor or Lessee. As of February 2013, natural gas prices have still not risen significantly and it is still not in the Airport’s best interest to hold Chesapeake to the current drilling schedule. On January 10, 2013, the Airport Board voted to request the City of Dallas and the City of Fort Worth to amend that drilling commitment again, postponing the first six new wells to the end of 2014 and the remaining eight additional wells to the end of 2015.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May, 5, 2011, the Dallas/Fort Worth International Airport Board recommended that the Cities of Dallas and Fort Worth approve partial settlement with Chesapeake. On December 14, 2011, the Dallas City Council authorized an amendment to the mineral lease with Chesapeake to effect a partial settlement of disputes that arose under the Lease, by Resolution No. 11-3238. On March 1, 2012, the Dallas/Fort Worth International Airport Board recommended that the Cities of Dallas and Fort Worth approve an amended partial settlement agreement with Chesapeake. On April 11, 2012, the Dallas City Council authorized an amendment to the mineral lease by and between the City of Dallas, the City of Fort Worth, the Dallas/Fort Worth International Airport Board, and Chesapeake exploration LLC, that is necessary to effect a partial settlement of dispute that arose under the Lease, by Resolution No. 12-1035. On September 6, 2012, the Dallas/Fort Worth International Airport Board recommended that the Cities of Dallas and Fort Worth approve the proposed settlement and amendment to the mineral lease. On October 10, 2012, the Dallas City Council approved the proposed settlement and amendment to the mineral lease. On January 10, 2013, the Dallas/Fort Worth International Airport Board recommended that the Cities of Dallas and Fort Worth approve a one year extension of Chesapeakeâ&#x20AC;&#x2122;s north sector drilling commitment under the Oil and Gas Lease by Resolution No. 2013-01-28. FISCAL INFORMATION No cost consideration to the City. M/WBE INFORMATION Chesapeake Energy continues to achieve 25% M/WBE subcontracting participation.

Agenda Date 02/27/2013 - page 2


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the Cities of Dallas and Fort Worth, together with the Dallas/Fort Worth International Airport Board (“Board”) entered into a Mineral Lease (“Lease”) with Chesapeake Exploration, L.L.C., for property located on Dallas/Fort Worth International Airport; and, WHEREAS, on September 6, 2012, the Board recommended the proposed settlement and amendment to the mineral lease; WHEREAS, on September 25, 2012, the City Council of the City of Fort Worth approved the amendment to the lease; WHEREAS, on October 10, 2012, the City Council of the City of Dallas approved the amendment to the lease; WHEREAS, on January 10, 2013, the Dallas/Fort Worth International Airport Board recommended an extension of one year to Chesapeake’s north sector drilling commitment under the Oil and Gas Lease; WHEREAS, on March 5, 2013, the City Council of Fort Worth approved the amendment to the lease; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. The City Manager is hereby authorized to execute an amendment to the Lease requiring that Chesapeake drill six (6) wells, by December 31, 2014 and the remaining eight (8) wells by December 31, 2015. Section 2. That this resolution shall take effect immediately fro and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.


KEY FOCUS AREA:

AGENDA ITEM # 38 Public Safety Improvements and Crime Reduction

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

Outside City Limits

DEPARTMENT:

Office of Management Services Intergovernmental Services

CMO:

Mary K. Suhm, 670-5306 Jeanne Chipperfield, 670-7804 N/A

MAPSCO:

________________________________________________________________

SUBJECT Forty-ninth Supplemental Concurrent Bond Ordinance authorizing one or more series of Dallas/Fort Worth International Airport Joint Revenue Bonds, for lawful purposes; providing the security therefore; providing for the sale, execution and delivery thereof subject to certain parameters â&#x20AC;&#x201C; Financing: No cost consideration to the City BACKGROUND th

The 49 Supplemental Bond Ordinance will provide for the issuance of multiple series of bonds, currently projected to be eight series, in an amount not to exceed $3.1 billion, over a period of one year from the date of approval by the Owner Cities. The purpose of the various bond issues will be to provide funding of approximately $2.0 billion for TRIP and other capital projects and the refunding of the 2003A Joint Revenue Bonds in the amount of approximately $1.0 billion. th

Under the 49 Supplemental Bond Ordinance, Dallas/ Fort Worth International Airport will have the flexibility to size bond issues and determine the best time to enter the market. This flexibility proved successful in the uncertain market conditions that existed during the past year and which are expected to continue. The majority of the debt service for the $2.0 billion of new money bonds will be paid through increased terminal rental rates by the airlines. The signatory airlines approved the issuance of this debt as part of the current Use Agreement that became effective on October 1, 2010. This debt was assumed as part of DFWâ&#x20AC;&#x2122;s original Financial Plan that was used as part of the negotiations for the Use Agreement. D/FW projects approximately $166 million of future value savings in the $1.1 billion of bonds to be refunded.


BACKGROUND (Continued) This resolution will give D/FW the ability to refund these bonds over the next twelve month in multiple issuances in order to achieve interest rate savings and restructure future debt service payments. As is the case for all Airport Revenue Bonds, the Owner Cities have no obligation for the repayment of principal and interest on the bonds. All refunded bonds will be issued to achieve NPV savings in excess of 3%. PRIOR ACTIONS/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Fort Worth City Council is scheduled to be briefed on and approve the Supplemental Bond Ordinance on February 19, 2013. The Dallas/Fort Worth International Airport Board approved a resolution requesting the th approval of the 49 Supplemental Bond Ordinance by the Cities of Dallas and Fort Worth on February 7, 2013. Dallas/Fort Worth International Airport staff briefed the full Council on February 6, 2013. Dallas/Fort Worth International Airport staff briefed the Budget, Audit and Finance Committee on February 4, 2013. FISCAL INFORMATION No cost consideration to the City. M/WBE INFORMATION Dallas/Fort Worth Airport Management is committed to a 30% Small Business Enterprise (including minorities and women) goal for underwriters.

Agenda Date 02/27/2013 - page 2


DALLAS/FORT WORTH INTERNATIONAL AIRPORT FORTY-NINTH SUPPLEMENTAL CONCURRENT BOND ORDINANCE Passed concurrently by the City Councils of the Cities of Dallas and Fort Worth, Texas Authorizing One or More Series of DALLAS/FORT WORTH INTERNATIONAL AIRPORT JOINT REVENUE BONDS _______________________________________________________ Passed by the City Council of the City of Dallas ____________, 2013 Passed by the City Council of the City of Fort Worth ___________, 2013 ________________________________________

Effective _____________, 2013

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TABLE OF CONTENTS Page Preambles ............................................................................................................................................... 1

ARTICLE I

DEFINITIONS AND OTHER PRELIMINARY MATTERS.................................3

Section 1.1. Section 1.2. Section 1.3. Section 1.4. Section 1.5.

Short Title ....................................................................................................3 Definitions....................................................................................................3 Table of Contents, Titles and Headings .......................................................6 Interpretation ................................................................................................6 Declarations and Additional Rights and Limitations Under Controlling Ordinances ................................................................................6

ARTICLE II PURPOSES, PLEDGE AND SECURITY FOR BONDS .......................................8 Section 2.1. Section 2.2.

Purposes of Ordinance .................................................................................8 Pledge, Security for, Sources of Payment of Bonds ....................................8

ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS...................................................................................9 Section 3.1. Section 3.2.

Authorization ...............................................................................................9 Initial Date, Denominations, Number, Maturity, Initial Registered Owner, Characteristics of the Initial Bond and Expiration Date of Delegation ....................................................................................................9 Section 3.3. Medium, Method and Place of Payment ....................................................12 Section 3.4. Ownership ..................................................................................................13 Section 3.5. Registration, Transfer and Exchange .........................................................13 Section 3.6. Cancellation and Authentication ................................................................15 Section 3.7. Temporary Bonds.......................................................................................15 Section 3.8. Replacement Bonds ...................................................................................15 Section 3.9. Book-Entry Only System ...........................................................................16 Section 3.10. Successor Securities Depository ................................................................17 Section 3.11. Payments to Cede & Co .............................................................................18 ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY...........................................18 Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. Section 4.7. Section 4.8.

Limitation on Redemption .........................................................................18 Optional Redemption .................................................................................18 Partial Redemption.....................................................................................18 Mandatory Redemption of Certain Bonds .................................................19 Notice of Redemption to Holders ..............................................................19 Conditional Notice of Redemption ............................................................19 Payment Upon Redemption .......................................................................20 Effect of Redemption .................................................................................20

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ARTICLE V PAYING AGENT/REGISTRAR...........................................................................20 Section 5.1. Section 5.2. Section 5.3. Section 5.4. Section 5.5. Section 5.6. Section 5.7.

Appointment of Initial Paying Agent/Registrar .........................................20 Qualifications .............................................................................................20 Maintaining Paying Agent/Registrar .........................................................20 Termination ................................................................................................21 Notice of Change .......................................................................................21 Agreement to Perform Duties and Functions.............................................21 Delivery of Records to Successor ..............................................................21

ARTICLE VI FORM OF THE BONDS .......................................................................................21 Section 6.1. Section 6.2. Section 6.3. Section 6.4.

Form Generally ..........................................................................................21 Form of Bond .............................................................................................21 CUSIP Registration....................................................................................30 Legal Opinion ............................................................................................30

ARTICLE VII EXECUTION, APPROVAL, REGISTRATION, SALE AND DELIVERY OF BONDS AND RELATED DOCUMENTS .....................................................30 Section 7.1. Section 7.2. Section 7.3. Section 7.4. Section 7.5. Section 7.6. Section 7.7. Section 7.8. ARTICLE VIII Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5 Section 8.6. Section 8.7. Section 8.8. Section 8.9. Section 8.10. Section 8.11. Section 8.12.

Method of Execution, Delivery of Initial Bond .........................................30 Approval and Registration .........................................................................31 TEFRA Approval .......................................................................................31 Approval of Credit Agreements .................................................................31 Official Statement ......................................................................................32 Attorney General Modification ..................................................................32 Further Action ............................................................................................32 Refunding and Redemption of Refunded Bonds .......................................32 GENERAL PROVISIONS ........................................................................32 Deposit and Uses of Bond Proceeds ..........................................................32 Payment of the Bonds ................................................................................33 Representations and Covenants .................................................................33 General Tax Covenant Regarding Tax-Exemption....................................33 Use of Proceeds of Non-PAB Bonds .........................................................34 Use of Proceeds Regarding PAB Bonds ....................................................34 No Federal Guarantee ................................................................................35 No Arbitrage ..............................................................................................35 Record Retention .......................................................................................36 Disposition of Project ................................................................................37 Bond Insurance ..........................................................................................37 Issuance of Taxable Bonds ........................................................................37

ARTICLE IX REPEAL, SEVERABILITY, AND EFFECTIVE DATE .....................................37 Section 9.1. Section 9.2.

Ordinance Irrepealable ...............................................................................37 Severability ................................................................................................37 ii

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Section 9.3.

Effective Date ............................................................................................38

Signatures ............................................................................................................................................. 39

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CITY OF DALLAS ORDINANCE NO. ____________ CITY OF FORT WORTH ORDINANCE NO. ______________ FORTY-NINTH SUPPLEMENTAL CONCURRENT BOND ORDINANCE AUTHORIZING ONE OR MORE SERIES OF DALLAS/FORT WORTH INTERNATIONAL AIRPORT JOINT REVENUE BONDS, FOR LAWFUL PURPOSES; PROVIDING THE SECURITY THEREFORE; PROVIDING FOR THE SALE, EXECUTION AND DELIVERY THEREOF SUBJECT TO CERTAIN PARAMETERS; AND PROVIDING OTHER TERMS, PROVISIONS AND COVENANTS WITH RESPECT THERETO ___________________________________ WHEREAS, prior to the adoption of this ordinance (herein defined and cited as the “Forty-Ninth Supplemental Concurrent Bond Ordinance” or as the or this “Ordinance”), the City Councils of the Cities of Dallas and Fort Worth, Texas (the “Cities”) passed the Thirtieth Supplemental Concurrent Bond Ordinance (defined and cited herein as the “Thirtieth Ordinance”) relating to the Dallas/Fort Worth International Airport (the “Airport”); and WHEREAS, the Thirtieth Ordinance amended and supplemented the prior ordinance of the Cities that is defined therein as the “1968 Ordinance”; and WHEREAS, the 1968 Ordinance, as amended and supplemented by the Thirtieth Ordinance, and the Thirtieth Ordinance, now constitute the controlling bond ordinances of the Cities (herein defined together as the “Controlling Ordinances”) that relate to the financing of the Airport and that, together (i) prescribe the terms and conditions upon the basis of which the Additional Obligations, Credit Agreements, and Parity Credit Agreement Obligations may be issued and executed, and (ii) provide and establish the pledge, security, and liens securing the Cities’ special obligations to pay when due the Outstanding Obligations, the Initial Obligations, any Parity Credit Agreement Obligations, and any Additional Obligations; and WHEREAS, in accordance with the Controlling Ordinances, the Cities have been requested by the Dallas/Fort Worth International Airport Board (the “Board”) to issue Additional Obligations pursuant to this Ordinance to pay costs of capital improvements of the Airport and for other purposes as further described in Section 3.1; and WHEREAS, the City Councils of the Cities of Dallas and Fort Worth, on August 9, 2003 and August 8, 2003, respectively, concurrently adopted the Thirty-Seventh Supplemental Concurrent Bond Ordinance authorizing the issuance of the Dallas/Fort Worth International Airport Joint Revenue Bonds, Series 2003A (the “Series 2003A Bonds”), in the aggregate principal amount of $1,457,700,000; and WHEREAS, each City Council hereby finds and determines that the refunding of all or a portion of the outstanding maturities of the Series 2003A Bonds described in Schedule I (the “Refunded Obligations”) is in the best interests of the Cities; and

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WHEREAS, in accordance with the Controlling Ordinances, the Cities have been requested by the Dallas/Fort Worth International Airport Board (the “Board”) to issue Additional Obligations pursuant to this Ordinance to pay costs of capital improvements at the Airport (including capitalized interest, if any), refund all or a portion of the Refunded Obligations and for other purposes as further described in Section 3.1; and WHEREAS, each City Council hereby finds and determines that it is not practical to determine on the date hereof the aggregate amount by which the debt service payments on the bonds authorized hereby (the “Bonds”) exceed the debt service payments on the Refunded Bonds, and that the issuance of the Bonds is in the best interest of the Cities in order to restructure the annual debt service requirements of the Airport; and WHEREAS, each City Council finds and determines that the meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by Applicable Law; and WHEREAS, pursuant to Sections 8.3 and 8.4 of the Thirtieth Ordinance, the “Outstanding Ordinances” (as defined in the Thirtieth Ordinance) and the Controlling Ordinances may be amended with the consent of the holders of more than sixty-six and twothirds of the combined principal amount of the Obligations then outstanding at the time of the effective date of any amendments and each Credit Provider, if applicable, or, pursuant to Section 8.4(b) of the Thirtieth Ordinance, if the amendments are approved by Insurers and such other Credit Providers as applicable (all such capitalized terms having the respective meanings defined in the Thirtieth Ordinance); and WHEREAS, the City Council of each of the Cities has heretofore approved a new Master Bond Ordinance as an amendment and restatement of the Controlling Ordinances, such Master Bond Ordinance to be effective immediately upon the receipt of the requisite consents referenced therein; and WHEREAS, upon the effective date thereof, the Master Bond Ordinance shall govern and provide and establish the pledge, security, and liens securing the Outstanding Obligations, any Credit Agreement Obligations and any Additional Obligations; and WHEREAS, all of the holders of the Bonds issued pursuant to this Ordinance are hereby deemed by the purchase of such Bonds to have irrevocably consented to the Master Bond Ordinance and the amendment and restatement of the Controlling Ordinances; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:

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ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.1. Short Title. This Ordinance may hereafter be cited in other documents and without further description as the “Forty-Ninth Supplemental Concurrent Bond Ordinance.” Section 1.2. Definitions. The capitalized terms used herein, including in the preambles hereto, that are not otherwise defined herein shall have the same meanings and definitions as are applied to such terms, respectively, in, or incorporated into, the Controlling Ordinances. Additionally, unless otherwise expressly provided or unless the context clearly requires otherwise, the following additional terms shall have the respective meanings specified below: Authorized Officer – means each of the Chief Executive Officer, the Executive Vice President-Chief Financial Officer, or the Vice President-Treasury Management of the Board, each acting singly, and, in the event any of such positions is renamed or otherwise reorganized, including any person holding or exercising the duties of any comparable position. Bond - means any of the Bonds. Bond Date - means the date of such Bonds as designated in the Officer’s Pricing Certificate. Bonds - mean the bonds described in Section 3.1 as such series and titles are authorized by separate Officer’s Pricing Certificates. Closing Date - means the dates on which each series of Bonds are actually delivered to and paid for by the Purchaser. Code – means the Internal Revenue Code of 1986, as amended. Designated Payment/Transfer Office - means (i) with respect to the initial Paying Agent/Registrar named herein, its office in Dallas, Texas, or such other location as may be designated by the Paying Agent/Registrar, and (ii) with respect to any successor Paying Agent/Registrar, the office of such successor designated and located as may be agreed upon by the Cities and such successor. DTC - means The Depository Trust Company of New York, New York, or any successor securities depository. DTC Participant - means brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among such parties. Initial Bond - means the Bonds described in Section 3.2 with the insertions required by Section 6.2(d) and an Officer’s Pricing Certificate.

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Insurer or Insurers - means the issuer of the Policy or of the Policies if more than one are issued, as certified by an Authorized Officer on the Closing Date. Interest Payment Date - means the date or dates upon which interest on the Bonds is scheduled to be paid until the applicable Stated Maturity Date or Mandatory Redemption Date, as determined in the Officer’s Pricing Certificate. Investment Proceeds – is defined in section 1.148-1(b) of the Treasury Regulations and generally consists of any amounts actually or constructively received from investing Proceeds. Mandatory Redemption Dates - mean the dates on which the Cities are obligated to redeem Bonds in advance of their respective Stated Maturity Dates in accordance with Section 4.4 and the Officer’s Pricing Certificate. Master Bond Ordinance – means the Master Bond Ordinance approved by the City Councils of the Cities and effective upon receipt of the consents required by the Thirtieth Ordinance. Master Paying Agent Agreement - means the paying agent agreement previously executed by the Board and the Paying Agent/Registrar that specifies the duties and responsibilities of the Paying Agent/Registrar with respect to bonds or other obligations issued by the Cities in relation to the Airport. Net Proceeds – means, with respect to any issue of Bonds, the Proceeds of such issue reduced by amounts in a reasonably required reserve or replacement fund. Non-PAB Bond - shall mean any series of Bonds issued under this Ordinance that is, or was, as the case may be, issued and designated by the Cities in the Officer’s Pricing Certificate or otherwise as “Non-PAB” or as a “non-private activity bond. Officer’s Pricing Certificate(s) - means the certificate(s) to be executed by one of the Authorized Officers pursuant to Section 3.2. Multiple Officer’s Pricing Certificates for multiple series of Bonds may be executed pursuant to this Ordinance. Ordinance - means this Ordinance and all amendments hereof and supplements hereto. Original Issue Date - means the Closing Date of each series of Bonds. PAB Bond – shall mean any series of Bonds issued under this Ordinance that is, or was, as the case may be, issued and designated by the Cities in the Officer’s Pricing Certificate or otherwise as “PAB” or as a “private activity bond.” Paying Agent/Registrar - means The Bank of New York Mellon Trust Company, N.A., or any successor thereto as provided in this Ordinance.

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Proceeds – is defined in section 1.148-1(b) of the Treasury Regulations and generally means any Sale Proceeds, Investment Proceeds and Transferred Proceeds of the Bonds. Policy or Policies - means the policy or policies, if any, of municipal bond insurance relating to the Bonds issued on the Closing Date by the Insurer or the Insurers if more than one. Purchaser - means the person, firm or entity or the group thereof, or the representative of such group, initially purchasing the Bonds issued hereunder from the Cities pursuant to each Underwriting Agreement. Rebate Fund - means the special fund required to be created and maintained in Section 8.9 and is the type of fund referred to in the definition of that term in the Thirtieth Ordinance. Record Date - means the 15th day of the month next preceding an Interest Payment Date. Refunded Bonds - means those obligations designated as such in the Officer’s Pricing Certificate from the list of Refunded Bond Candidates described in Schedule I attached hereto. Refunded Bond Candidates - means the obligations described in Schedule I attached hereto which are authorized to be designated Refunded Bonds in the Officer’s Pricing Certificate. Representation Letter - means the “Blanket Letter of Representations” between the Cities and DTC, as approved ratified in Section 3.9(c). Sale Proceeds – is defined in section 1.148-1(b) of the Treasury Regulations and generally consists of any amounts actually or constructively received from the sale (or other disposition) of any Bond, including amounts used to pay underwriters’ discount, if any, or compensation and accrued interest other than pre-issuance accrued interest. Sale Proceeds also include amounts derived from the sale of a right that is associated with any Bond and that is described in section 1.148-4(b)(4) of the Treasury Regulations. Stated Maturity Dates - mean the respective dates on which the Bonds are stated to mature in accordance with Section 3.2(b) and the Officer’s Pricing Certificate. Transferred Proceeds – means, with respect to any portion of the Bonds that is a refunding issue, proceeds that have ceased to be proceeds of a prior issue and are transferred proceeds of the refunding issue by reason of section 1.148-9 of the Treasury Regulations. Thirtieth Ordinance - means the Thirtieth Supplemental Concurrent Bond Ordinance passed by the City Councils of the Cities and effective on February 23, 2000. Underwriting Agreement - means the Underwriting Agreements hereafter entered into as contemplated and authorized in Section 3.2(b) and in the Officer’s Pricing -5#4223958.3


Certificates. Multiple Underwriting Agreements may be entered into for multiple series of Bonds authorized pursuant to this Ordinance and separate Officerâ&#x20AC;&#x2122;s Pricing Certificates. Section 1.3. Table of Contents, Titles and Headings. The table of contents, titles and headings of the Articles and Sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Ordinance or any provision hereof or in ascertaining intent, if any question of intent should arise. Section 1.4. Interpretation. (a) Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. (b) Article and Section references shall mean references to Articles and Sections of this Ordinance unless designated otherwise. (c) If any one or more of the covenants, provisions or agreements contained herein should be contrary to Applicable Law, then such covenants, provisions or agreements shall be deemed separable from the remaining covenants, provisions, and agreements hereof, and shall in no way affect the validity of the remaining covenants, provisions, and agreements contained in this Ordinance. Section 1.5. Declarations and Additional Rights and Limitations Under Controlling Ordinances. (a) For all purposes of the Outstanding Ordinances and the Controlling Ordinances, as amended and supplemented, the Cities declare and provide as follows: (i) The Bonds are Additional Obligations that are authorized by Section 3.2 of the Thirtieth Ordinance. (ii)

The Bonds are not Interim Obligations.

(iii) Each Policy is a Credit Agreement, and each Insurer is a Credit Provider. However, a Policy does not create a Parity Credit Agreement Obligation. A Policy, if any, entered into for the purpose of providing all or a portion of the amount equal to the Debt Service Reserve Requirement is hereby declared to be a Credit Agreement that is on a parity with Subordinate Lien Obligations; provided however, the provisions of subsection 5.2(b)(iii) of the Thirtieth Ordinance shall continue to apply with respect to any deficiencies in the Debt Service Reserve Fund, including any costs of a Policy with respect to the Debt Service Reserve Fund. (iv) Administrative Expenses shall include the fees and expenses owed to the Paying Agent/Registrar. (v) The amount of the Debt Service Reserve Requirement on account of the Bonds is an amount that is not less than the average annual Debt Service -6#4223958.3


that will be required to be paid on or with respect to all Outstanding Obligations as of the date following the delivery of the Bonds. In the event that the amount on deposit in the Debt Service Reserve Fund is less than the amount required, the amount specified in the Officer’s Pricing Certificate, pursuant to Section 8.1 shall be deposited to the Debt Service Reserve Fund out of the proceeds of the Bonds or shall be used to enter into a Credit Agreement to satisfy the Debt Service Reserve Requirement. (vi) The Stated Maturity Dates and the Mandatory Redemption Dates established in accordance with Articles III and IV as modified by the Officer’s Pricing Certificate are Principal Payment Dates for the purposes of the Thirtieth Ordinance. (vii) Each Insurer, as a Credit Provider, that is not at such time in default under its Policy is authorized to give and withdraw notices of default under the provisions of Section 7.1(vii) of the Thirtieth Ordinance. (viii) Each of the Authorized Officers is designated and appointed as an “officer” of the Cities for the limited purposes of administering this Ordinance, including particularly the related documents and agreements described herein in accordance with Chapters 1207 and 1371, Government Code, as amended, as applicable. (ix)

This Ordinance is an Additional Supplemental Ordinance.

(b) For all purposes of the Outstanding Ordinances and the Controlling Ordinances, as amended and supplemented, the following additional rights and limitations are granted and imposed: (i) No amendment to the Controlling Ordinances or this Ordinance shall be approved or adopted pursuant to any of Sections 8.2, 8.3, 8.4, or 8.5 of the Thirtieth Ordinance, whether with or without the consent of the Holders, unless and until the same is approved by the Insurer that at the time is not in default under its Policy and has a then current credit rating of at least investment grade by two nationally recognized rating agencies, to the extent required under the terms of the Credit Agreement. (ii) The Cities shall have the right to amend the Outstanding Ordinances, the Controlling Ordinances, and this Ordinance without the consent of or notice to the Holders, for any purpose not prohibited by Section 8.3 of the Thirtieth Ordinance, if such amendment is approved by the Insurer that at the time is not in default under its Policy and has a then current credit rating of at least investment grade by two nationally recognized rating agencies and such other Credit Providers, if any, as may be required by an Additional Supplemental Ordinance. (iii) Whenever in this Ordinance, or in the Controlling Ordinances, the right is granted to redeem Bonds in advance of a Stated Maturity Date, any such -7#4223958.3


redemption may be accomplished with any lawfully available money. The Bonds may be redeemed according to their respective terms, and pro rata redemptions are not required. All money delivered to the Paying Agent/Registrar for the purpose of paying the principal of and interest on Bonds shall be held uninvested by the Paying Agent/Registrar. (iv) In the event of the occurrence of an Event of Default, the right of acceleration of the Stated Maturity Date or the Mandatory Redemption Date of any Bond or of any Parity Credit Agreement Obligation is not granted as a remedy, and the right of acceleration is expressly denied. (v) The specific information that must be provided pursuant to the disclosure requirements of Section 10.1 of the Thirtieth Ordinance with respect to the Bonds shall be (A) the audited financial statements of the Board for each Fiscal Year ending on and after September 30, 2012, and (B) the annual financial information shall be the operating data relating to the Bonds set forth in the numbered tables in the official statement relating to the issuance of the Bonds. In connection with the issuance of the Bonds, the Rule, as amended by 17 CFR Parts 240 and 241/Release No. 34-62184, will be effective and the Cities shall comply with such amendments. The Board shall provide such information on behalf of the Cities. (vi) Pursuant to the terms of Section 8.4 of the Thirtieth Ordinance, Holders of the Bonds confirm that the Credit Providers, whether or not related to the Bonds, have the right to consent to amendments to the Controlling Ordinances, the Forty-Ninth Ordinance and the Outstanding Ordinances without notice to or the consent of the Holders of the Bonds. (c) Notwithstanding any other provision hereof, the holders of the Bonds, as evidenced by the purchase thereof, irrevocably consent to the amendment and restatement of the Controlling Ordinances by the Master Bond Ordinance, such Master Bond Ordinance to be effective immediately upon receipt of the requisite consents set forth in the Thirtieth Ordinance. ARTICLE II PURPOSES, PLEDGE AND SECURITY FOR BONDS Section 2.1. Purposes of Ordinance. The purposes of this Ordinance are to prescribe the specific terms and provisions of the Bonds, to extend expressly the pledge, lien, security, and provisions of the Controlling Ordinances to and for the benefit of the Holders, to provide certain covenants to and for the benefit of each Insurer and/or Credit Provider, and to sell the Bonds to the Purchaser. Section 2.2. Pledge, Security for, Sources of Payment of Bonds. (a) The pledge, the security and the filing provisions of Sections 2.2 and 2.4, respectively, of the Thirtieth Ordinance are hereby expressly restated, fixed, brought forward and granted to the Holders, and to each Insurer, as a Credit Provider. -8#4223958.3


(b) The Bonds, as “Additional Obligations” under the Controlling Ordinances, are secured by a lien on and pledge of the Pledged Revenues and the Pledged Funds on a parity with the Prior Obligations, the Initial Obligations, and any other Additional Obligations that are Outstanding, and with Parity Credit Agreement Obligations, if any, that are unpaid from time to time, as declared and provided in Section 2.2 of the Thirtieth Ordinance. ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS Section 3.1. Authorization. Additional Obligations, to be designated as set forth in the Pricing Certificate, are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas, including specifically Chapters 1207 and 1371, Texas Government Code, as amended. The Authorized Officer is hereby authorized and directed to modify the title of each Series to the extent that, in the judgment of the Authorized Officer, it is necessary or appropriate. The final titles, the number of series and allocation of principal amount between each Series of Bonds shall be determined by the Authorized Officer based on market conditions in the discretion of the Authorized Officer and set forth in the Officer’s Pricing Certificate for each series. The Authorized Officer shall also be authorized to issue and sell any series of Bonds as taxable obligations if the Authorized Officer determines that it is in the best interest of the Cities and the Airport to do so. The designation of any series of Bonds as taxable shall be set forth in the Officer’s Pricing Certificate for that series. The Bonds shall be issued in the number of series and aggregate principal amount per series designated in the Officer’s Pricing Certificate, provided that the aggregate principal amount of all of the Bonds shall not exceed $3,100,000,000, for the purpose of (1) paying the costs of capital improvements at the Airport (including capitalized interest, if any), (2) refunding all or a portion of the Refunded Bonds, as set forth in the Officer’s Pricing Certificate, (3) to provide funding for the Debt Service Reserve Requirement through either the deposit of Bond proceeds or entering into a surety or such other agreement, if applicable, and (4) to pay the Cities’ and the Board’s costs incurred in connection with the issuance of the Bonds including the costs of the Policy or Policies of Insurance or the surety or debt service reserve agreement. Section 3.2. Initial Date, Denominations, Number, Maturity, Initial Registered Owner, Characteristics of the Initial Bond and Expiration Date of Delegation. (a) The Initial Bonds are hereby authorized to be issued, sold, and delivered hereunder as single fully registered Bonds, without interest coupons, dated the dates designated in the Officer’s Pricing Certificate, in the denomination and maximum aggregate principal amount as designated in the Officer’s Pricing Certificate, numbered T-1 or as otherwise set forth in the Officer’s Pricing Certificate, payable in annual installments of principal to the initial registered owner thereof (to be determined by the Authorized Officer, as hereinafter provided), or to the registered assignee or assignees of said Bond or any portion or portions thereof (in each case, the “registered owner”), with the annual installments of principal of the Initial Bonds to be payable on the dates, respectively, and in the principal amounts, respectively, to be stated the Officer’s Pricing Certificate, and as provided in this Ordinance, but with the final installment of principal (the maximum term) to be not later than November 1, 2050.

-9#4223958.3


(b) As authorized by Chapters 1207 and 1371, Texas Government Code, as amended, the Authorized Officers and the City Managers are hereby authorized, appointed, and designated as the officers or employees of the Cities authorized to act on behalf of the Cities in the selling and delivering of the Initial Bonds and carrying out the other procedures specified in this Ordinance, including the determination of the prices at which the Initial Bonds will be sold, the amount of each Principal Installment of each series issued hereunder, the due date of each Principal Installment of each series hereof, which shall be November 1 in each year in which a Principal Installment of each series is due unless modified by the Officer’s Pricing Certificate, the rate of interest to be borne by each Principal Installment of each series issued hereunder, the redemption features, including any requirements of Mandatory Redemption, and all other matters relating to the issuance, sale, and delivery of the Initial Bonds and each series of the Bonds provided that: (i) each series of Bonds shall not bear interest at a rate greater than the maximum rate allowed by Chapter 1204, Texas Government Code, as amended; and (ii) the combined aggregate principal amount of all Bonds issued pursuant to this Ordinance authorized to be issued for the purposes described in Section 3.1 shall not exceed the maximum amount authorized in Section 3.1 hereof ($3,100,000,000) and shall equal an amount at least sufficient to provide for paying the costs of capital improvements at the Airport (including capitalized interest, if any), funding the Debt Service Reserve Fund Requirement, if applicable, and refunding the Refunded Bonds to be selected from the Refunded Bond Candidates identified in Schedule I hereto; and (iii) all such terms and determinations pertaining to the pricing of each series of Bonds shall be based on bond market conditions and available interest rates for each series of Bonds on the date of the sale of each series of the Bonds, all as set forth in the Officer’s Pricing Certificate for each series. The Refunded Bonds shall be identified in the Officer’s Pricing Certificate for each series in accordance with the preceding sentence, except that if less than an entire maturity is to be refunded, the Refunded Bonds to be refunded within a maturity shall be selected as provided in the Ordinance authorizing their issuance and, if not so provided, by lot; and (iv) prior to delivery of each series of Bonds to the Purchasers, each series of Bonds must have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations. (v) The Authorized Officers are hereby authorized and directed to approve the final terms and provisions of each Underwriting Agreement in accordance with the terms of the Officer’s Pricing Certificate and this Ordinance, such approval being evidenced by its execution thereof by any Authorized Officer. With regard to such terms and provisions of each Underwriting Agreement, the Authorized Officer is hereby authorized to come to an agreement -10#4223958.3


with the Purchasers of each series of Bonds on the following, among other matters: 1.

The details of the purchase and sale of the Bonds;

2. The details of the public offering of the Bonds by the Underwriters; 3. The details of an Official Statement (and, if appropriate, any Preliminary Official Statement) relating to the Bonds and the Districtâ&#x20AC;&#x2122;s Rule 15c2-12 compliance; 4.

A security deposit for the Bonds;

5. The representations and warranties of the Cities and the Airport to the Purchasers; 6.

The details of the delivery of, and payment for, the Bonds;

7. The Purchasersâ&#x20AC;&#x2122; obligations under the Underwriting Agreements; 8. The certain conditions to the obligations of the Airport and the Cities under the Underwriting Agreements; 9.

Termination of the Underwriting Agreements;

10.

Particular covenants of the Airport and the Cities;

11. The survival of representations made in the Underwriting Agreements; 12. The payment of any expenses relating to the Underwriting Agreements; 13.

Notices; and

14. Any and all such other details that are found by the Authorized Officer to be necessary and advisable for the purchase and sale of the Bonds. Any Authorized Officer, acting singly, is hereby authorized and directed to execute each Underwriting Agreement for and on behalf of the Board and the Cities and as the act and deed of the Board and the Cities. (c) A portion of Bonds are expected to be issued for restructuring of the Airportâ&#x20AC;&#x2122;s debt service requirements; however, to the extent any present value savings is achieved with the issuance of any series of Bonds pursuant to this Ordinance, such restructuring purpose and requirement is hereby deemed to be achieved. -11#4223958.3


(d) In connection with the issuance and delivery of the Bonds, the Authorized Officer, acting for and on behalf of the Cities, is authorized to set out in the Officer’s Pricing Certificate such information as contemplated herein. The Officer’s Pricing Certificate shall include such information as such Authorized Officer deem appropriate or is required by this Ordinance. (e) The Authorized Officer is authorized to establish which maturity or maturities, if any, of each series of Bonds shall be insured based on recommendations of the Co-Financial Advisors of the Airport, and such Authorized Officer shall specify the name or names of the Insurer or Insurers in each Underwriting Agreement and shall specify therein which maturity or maturities, if any, will be insured. (f) The Initial Bonds of each series (i) may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof as provided for in this Ordinance and in the Officer’s Pricing Certificate, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed, and the principal of and interest on the Initial Bonds of each series shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND set forth in this Ordinance and as determined by an Authorized Officer, as provided herein and in the Officer’s Pricing Certificate, with such changes and additions as are required to meet the terms of each Underwriting Agreement and the Officer’s Pricing Certificate, including the names as to which the Initial Bond of each series shall be registered. (g) The authority granted to the Authorized Officer under this Section 3.2 shall expire one year from the effective date of this Ordinance unless otherwise extended by the City Councils of each of the cities by separate action. Section 3.3. Medium, Method and Place of Payment. (a) The principal of, premium, if any, and interest on the Bonds shall be paid in lawful money of the United States of America as provided in this Section. (b) Interest on the Bonds shall be payable to the Holders whose names appear in the Obligation Register (as defined in Section 3.5) at the close of business on the Record Date; provided, however, that in the event of nonpayment of interest on a scheduled Interest Payment Date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar if and when funds for the payment of such interest have been received from the Cities or the Board. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be at least 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. (c) Interest on the Bonds shall be paid by check (dated as of the Interest Payment Date) and sent by the Paying Agent/Registrar to the Holder entitled to such payment, United States mail, first class postage prepaid, to the address of the Holder as it appears in the Obligation Register or by such other customary banking arrangements acceptable to the Paying -12#4223958.3


Agent/Registrar and the person to whom interest is to be paid; provided, however, that such person shall bear all risk and expenses of such other customary banking arrangements. Upon written request of a registered owner of at least $1,000,000 in principal amount of Bonds, all payments of the principal of, redemption premium, if any, and interest on the Bonds shall be paid by wire transfer in immediately available funds to an account designated by such registered owner. (d) The principal of each Bonds shall be paid to the Holder on the due date thereof (whether at the maturity date or the date of prior redemption thereof) upon presentation and surrender of such Bond at the Designated Payment/Transfer Office. (e) If a date for the payment of the principal of or interest on a Bond is a Saturday, Sunday, legal holiday, or a day on which banking institutions in the Cities or in the city in which the Designated Payment/Transfer Office is located, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date payment was due. (f) Subject to any applicable escheat, unclaimed property, or similar and Applicable Law, unclaimed payments remaining unclaimed by the Holders entitled thereto for three years after the applicable payment or redemption date shall be paid to the Board and thereafter neither the Cities, the Paying Agent/Registrar, nor any other person shall be liable or responsible to any Holders of such Bonds for any further payment of such unclaimed moneys or on account of any such Bonds. (g) The unpaid principal balance of each Initial Bond shall bear interest as set forth in such Initial Bond to the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the Principal Installments, and said interest shall be payable to the registered owner thereof, all in the manner provided and on the dates fixed by the Authorized Officers in accordance with this Ordinance and the Officer’s Pricing Certificate for each series, and with interest rates as fixed by the Authorized Officer in accordance with this Ordinance and the Officer’s Pricing Certificate, and as set forth in the Underwriting Agreements. Section 3.4. Ownership. (a) The Cities, the Board, the Paying Agent/Registrar and any other person may treat each Holder as the absolute owner of such Bond for the purpose of making and receiving payment of the principal thereof and premium, if any, thereon, and for the further purpose of making and receiving payment of the interest thereon (subject to the provisions herein that interest is to be paid to each Holder on the Record Date), and for all other purposes, whether or not such Bond is overdue, and neither the Cities, the Board, nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. (b) All payments made to the person deemed to be the Holder in accordance with this Section shall be valid and effectual and shall discharge the liability of the Cities, the Board, and the Paying Agent/Registrar upon such Bond to the extent of the sums paid. Section 3.5. Registration, Transfer and Exchange. (a) So long as any Bonds remain outstanding, the Board shall cause the Paying Agent/Registrar to keep a register (the “Obligation -13#4223958.3


Registerâ&#x20AC;?) at its principal trust office in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Bonds in accordance with this Ordinance. (b) Ownership of any Bond may be transferred in the Obligation Register only upon the presentation and surrender thereof at the Paying Agentâ&#x20AC;&#x2122;s Designated Payment/Transfer Office for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of the Bonds, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and the right of such assignee or assignees thereof to have the Bond or any portion thereof registered in the name of such assignee or assignees. No transfer of any Bond shall be effective until entered in the Obligation Register. Upon assignment and transfer of any Bond or portion thereof, a new Bond or Bonds will be issued by the Paying Agent/Registrar in conversion and exchange for such transferred and assigned Bond. To the extent possible the Paying Agent/Registrar will issue such new Bond or Bonds in not more than three business days after receipt of the Bond to be transferred in proper form and with proper instructions directing such transfer. (c) Any Bond may be converted and exchanged only upon the presentation and surrender thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar together with a written request therefor duly executed by the registered owner or assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantees of signatures satisfactory to the Paying Agent/Registrar, for a Bond or Bonds of the same maturity and interest rate and in any authorized denomination and in an aggregate principal amount equal to the unpaid principal amount of the Bond presented for exchange. If a portion of any Bond is redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. To the extent possible, a new Bond or Bonds shall be delivered by the Paying Agent/Registrar to the registered owner of the Bond or Bonds in not more than three business days after receipt of the Bond to be exchanged in proper form and with proper instructions directing such exchange. (d) Each Bond issued in exchange for any Bond or portion thereof assigned, transferred or converted shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange the Bonds as provided herein, and each substitute Bond delivered in accordance with this Section shall constitute an original contractual obligation of the Cities and shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such substitute Bond is delivered. (e) The Board will pay, as Administrative Expenses, the Paying Agent/Registrarâ&#x20AC;&#x2122;s reasonable and customary charge for the initial registration or any subsequent transfer, exchange or conversion of the Bonds, but the Paying Agent/Registrar will require the Holder to pay a sum sufficient to cover any tax or other governmental charge that is authorized -14#4223958.3


to be imposed in connection with the registration, transfer, exchange or conversion of a Bond. In addition, the Cities hereby covenant with the Holders of the Bonds that the Board will (i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer, registration, conversion and exchange of Bonds as provided herein. (f) Neither the Cities, the Board, nor the Paying Agent/Registrar shall be required to issue, transfer, or exchange any Bond called for redemption, in whole or in part, where such redemption is scheduled to occur within 45 calendar days after the transfer or exchange date; provided, however, such limitation shall not be applicable to an exchange by the Holder of the uncalled principal balance of a Bond. Section 3.6. Cancellation and Authentication. All Bonds paid or redeemed before their Stated Maturity Dates in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance with this Ordinance, shall be canceled upon the making of proper records regarding such payment, redemption, exchange or replacement. The Paying Agent/Registrar shall dispose of the canceled Bonds in accordance with Applicable Law. Section 3.7. Temporary Bonds. (a) Following the delivery and registration of the Initial Bond issued hereunder and pending the preparation of definitive Bonds, the proper officers of the Cities may execute and, upon the Citiesâ&#x20AC;&#x2122; or the Boardâ&#x20AC;&#x2122;s request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Bonds that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Bonds in lieu of which they are delivered, without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Cities executing such temporary Bonds may determine, as evidenced by their signing of such temporary Bonds. (b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the benefit and security of this Ordinance. (c) The Cities or the Board, without unreasonable delay, shall prepare, execute and deliver to the Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and surrender of the Bond or Bonds in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Bonds in temporary form and authenticate and deliver in exchange therefor a Bond or Bonds of the same maturity and series, in definitive form, in the authorized denomination, and in the same aggregate principal amount, as the Bond or Bonds in temporary form surrendered. Such exchange shall be made without the making of any charge therefor to any Owner. Section 3.8. Replacement Bonds. (a) Upon the presentation and surrender to the Paying Agent/Registrar, at the Designated Payment/Transfer Office, of a mutilated Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. The Cities, the Board, or the Paying Agent/Registrar may require the Holder of such Bond to pay a -15#4223958.3


sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection therewith and any other expenses connected therewith. (b) In the event any Bond is lost, apparently destroyed or wrongfully taken, the Paying Agent/Registrar, pursuant to Subchapter D of Chapter 1201, Government Code, as amended, and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding, provided that the Holder first: (i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her ownership of and the circumstances of the loss, destruction or theft of such Bond; (ii) furnishes such security or indemnity as may be required by the Paying Agent/Registrar, the Board and the Cities to save them harmless; (iii) pays all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or other governmental charge that is authorized to be imposed; and (iv) satisfies any other reasonable requirements imposed by the Cities and the Paying Agent/Registrar. (c) If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the Cities, the Board, and the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Cities, the Board, or the Paying Agent/Registrar in connection therewith. (d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its discretion, instead of issuing a replacement Bond, may pay such Bond. (e) Each replacement Bond delivered in accordance with this Section shall constitute an original contractual obligation of the Cities and shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. Section 3.9. Book-Entry Only System. (a) The definitive Bonds for each series shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as nominee of DTC, and except as provided in Section 3.10, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. (b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Cities, the Board, and the Paying Agent/Registrar shall have no responsibility or -16#4223958.3


obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds, except as provided in this Ordinance. Without limiting the immediately preceding sentence, the Cities, the Board, and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Holder, as shown on the Obligation Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than a Holder, as shown in the Register of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the Cities, the Board, and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Obligation Register as the absolute owner of such Bond for the purpose of payment of principal of, premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfer with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective Holders, as shown in the Obligation Register, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Cities’ obligations with respect to payment of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than a Holder, as shown in the register, shall receive a certificate evidencing the obligation of the Cities to make payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the registered Owner at the close of business on the Record Date, the word “Cede & Co.” in this Ordinance shall refer to such new nominee of DTC. (c) The “Blanket Representation Letter” setting respective duties with respect to the Bonds has been previously executed and delivered by an Authorized Officer of the Airport and made applicable to the Bonds delivered in book-entry-only form to DTC, as securities depository therefor, is hereby ratified and approved for the Bonds. Section 3.10. Successor Securities Depository. In the event that the Cities, the Board, or the Paying Agent/Registrar determine that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, and that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, or in the event DTC discontinues the services described herein, the Cities, the Board, or the Paying Agent/ Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as identified by DTC, of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants, as identified by DTC, of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts, as identified by DTC. In such event, the Bonds shall no longer be restricted to being registered in the Obligation Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name

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or names Holders transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 3.11. Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be made and given, respectively, in the manner provided in the Representation Letter. ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY Section 4.1. Limitation on Redemption. The Bonds shall be subject to redemption before scheduled maturity only as provided in this Article IV and the Officerâ&#x20AC;&#x2122;s Pricing Certificate. Section 4.2. Optional Redemption. (a) The Authorized Officer shall specify in the Underwriting Agreements, Officerâ&#x20AC;&#x2122;s Pricing Certificates, Initial Bonds, and in the Bonds such rights of optional redemption, if any, and the Redemption Prices therefor that are to be reserved by the Cities. (b) To the extent the Bonds are subject to optional redemption, the Board, at least 45 days before the redemption date, unless a shorter period shall be satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of such redemption date and of the principal amount of the Bonds to be redeemed. Section 4.3. Partial Redemption. (a) If less than all of the Bonds are to be redeemed pursuant to Section 4.2, the Board shall have the right to determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call at random the Bonds, or portions thereof, within such maturity or maturities and in such principal amounts for redemption as determined by the Board in its sole discretion. (b) A portion of a single Bond of a denomination greater than $5,000 may be redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. If such a Bond is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000 portion of the Bond as though it were a single Bond for purposes of selection for redemption. (c) Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar, in accordance with Section 3.5 of this Ordinance, shall authenticate and deliver an exchange Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered, such exchange being without charge. (d) The Paying Agent/Registrar shall promptly notify the Board in writing of the principal amount to be redeemed of any Bond as to which only a portion thereof is to be redeemed.

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Section 4.4. Mandatory Redemption of Certain Bonds. (a) The Authorized Officer shall specify in the Underwriting Agreements, Officerâ&#x20AC;&#x2122;s Pricing Certificates, Initial Bonds and in the Bonds such obligations to redeem the Bonds mandatorily, and the Redemption Prices therefor, as are to be imposed on the Cities. (b) Subject to the provisions of subsection (c) of this Section, when less than all of the Bonds of a specified maturity on a specified Stated Maturity Date are required to be redeemed as determined in accordance with this Section, the Board, acting on behalf of the Cities, shall have the right and shall direct the Paying Agent/Registrar to call by lot the Bonds, or portions thereof within a maturity, that are to be called for redemption. A portion of a single Bond of a denomination greater than $5,000 may be redeemed, but only in a principal amount equal to $5,000 or an integral multiple thereof. The Paying Agent/Registrar shall treat each $5,000 portion of the Bond as though it were a single Bond for purposes of selection for redemption. Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar shall authenticate and deliver an exchange Bond or Bonds in an aggregate amount equal to the unredeemed portion of the Bond so surrendered. (c) In lieu of the procedure described in subsection (b) of this Section, if less than all of the Bonds of a Stated Maturity Date are required to be redeemed, the Cities and the Board shall have the right to accept tenders of Bonds of the applicable Stated Maturity Date and to purchase Bonds of such maturity in the open markets at any price that is less than the applicable Redemption Price for the Bonds required to be redeemed. Section 4.5. Notice of Redemption to Holders. (a) The Paying Agent/Registrar shall give notice of any redemption of Bonds by sending notice by first class United States mail, postage prepaid, or by such other means as is acceptable to such Holders, not less than 30 days before the date fixed for redemption, to the Holder of each Bond (or part thereof) to be redeemed, at the address shown on the Obligation Register. (b) The notice shall state the redemption date, the redemption price, the place at which the Bonds are to be surrendered for payment, and, if less than all the Bonds outstanding are to be redeemed, an identification of the Bonds or portions thereof to be redeemed. (c) Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. Section 4.6. Conditional Notice of Redemption. With respect to any optional redemption of Bonds, unless certain prerequisites to such redemption required by the Controlling Ordinances or this Ordinance have been met and moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent prior to the giving of such notice of redemption, such notice shall state that said redemption may, at the option of the Board, be conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent on or prior to the date fixed for such redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the Board shall not redeem such Bonds and the Paying Agent shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. -19#4223958.3


Section 4.7. Payment Upon Redemption. (a) Before or on each redemption date, the Board on behalf of the Cities shall deposit with the Paying Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar from the Board and shall use such funds solely for the purpose of paying the principal of, redemption premium, if any, and accrued interest on the Bonds being redeemed, or the tender or negotiated price in the case of Bonds tendered or purchased under Section 4.4(c). (b) Upon presentation and surrender of any Bond called for redemption at the Designated Payment/Transfer Office on or after the date fixed for redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any, and accrued interest on such Bond to the date of redemption from the money set aside for such purpose. Section 4.8. Effect of Redemption. (a) Notice of redemption having been given as provided in Section 4.5 of this Ordinance, the Bonds or portions thereof called for redemption shall become due and payable on the date fixed for redemption and, unless the Cities fail in their obligation to make provision for the payment of the principal thereof, redemption premium, if any, or accrued interest thereon on the date fixed for redemption, such Bonds or portions thereof shall cease to bear interest from and after the date fixed for redemption, whether or not such Bonds are presented and surrendered for payment on such date. (b) If the Cities shall fail to make provision for payment of all sums due on a redemption date, then any Bond or portion thereof called for redemption shall continue to bear interest at the rate stated on the Bond until due provision is made for the payment of same by the Cities. ARTICLE V PAYING AGENT/REGISTRAR Section 5.1. Appointment of Initial Paying Agent/Registrar. The Bank of New York Mellon Trust Company, N.A., is hereby appointed as the initial Paying Agent/Registrar for the Bonds, under and subject to the terms and provisions of the Master Paying Agent Agreement. Section 5.2. Qualifications. The Paying Agent/Registrar shall be a commercial bank, a trust company organized under applicable laws, or any other entity duly qualified and legally authorized to serve as and perform the duties and services of paying agent and registrar for the Bonds. Section 5.3. Maintaining Paying Agent/Registrar. (a) At all times while any Bonds are Outstanding, the Cities will maintain a Paying Agent/Registrar that is qualified under Section 5.2 of this Ordinance. (b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the Board will promptly appoint a replacement.

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Section 5.4. Termination. The Cities, acting through the Board, upon not less than 60 daysâ&#x20AC;&#x2122; notice, reserves the right to terminate the appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to be terminated written notice of such termination, provided that such termination shall not be effective until a successor Paying Agent/Registrar has been appointed and has accepted the duties of Paying Agent/Registrar for the Bonds. Section 5.5. Notice of Change. Promptly upon each change in the entity serving as Paying Agent/Registrar, the Board will cause notice of the change to be sent to each Holder and Insurer by first class United States mail, postage prepaid, at the address in the Obligation Register, stating the effective date of the change and the name and mailing address of the replacement Paying Agent/Registrar. Section 5.6. Agreement to Perform Duties and Functions. By accepting the appointment as Paying Agent/Registrar, the Paying Agent/Registrar acknowledges receipt of copies of the Controlling Ordinances and this Ordinance, and is deemed to have agreed to the provisions thereof, and to perform the duties and functions of Paying Agent/Registrar prescribed therein and herein. Section 5.7. Delivery of Records to Successor. If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the appointment of the successor, will deliver the Obligation Register (or a copy thereof) and all other pertinent books and records relating to the Bonds to the successor Paying Agent/Registrar. ARTICLE VI FORM OF THE BONDS Section 6.1. Form Generally. (a) The Bonds, including the Registration Certificate of the Comptroller of Public Accounts of the State, the Certificate of the Paying Agent/Registrar, and the Assignment form to appear on each of the Bonds, (i) shall be substantially in the form set forth in this Article, with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance or the Officerâ&#x20AC;&#x2122;s Pricing Certificates, and (ii) may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as, consistently herewith, may be determined by the Board. (b) Any portion of the text of any Bonds may be set forth on the reverse side thereof, with an appropriate reference thereto on the face of the Bonds. (c) The Bonds, including the Initial Bonds submitted to the Attorney General of Texas and any temporary Bonds, shall be typed, printed, lithographed, photocopied or engraved, and may be produced by any combination of these methods or produced in any other similar manner, all as determined by the officers executing such Bonds, as evidenced by their execution thereof. Section 6.2. Form of Bond. The forms of Bond, including the form of the Registration Certificate of the Comptroller of Public Accounts of the State, the form of Certificate of the -21#4223958.3


Paying Agent/Registrar and the form of Assignment appearing on the Bonds, shall be substantially as follows for each Bond of each series: (a)

[Form of Bond]

REGISTERED

REGISTERED

No. _____

$________ United States of America State of Texas Cities of Dallas and Fort Worth DALLAS/FORT WORTH INTERNATIONAL AIRPORT JOINT REVENUE BOND, SERIES ____1

INTEREST RATE:

MATURITY DATE:

ORIGINAL ISSUE DATE:

CUSIP NO.:

_____%

________, ______

________ 1, 201_

_____ ____

The Cities of Dallas and Fort Worth, Texas (the “Cities”), for value received, hereby promise to pay to _____________________________ or registered assigns, on the Maturity Date, as specified above, the sum of ________________________ DOLLARS unless this Bond shall have been sooner called for redemption and the payment of the principal hereof shall have been paid or provision for such payment shall have been made, and to pay interest on the unpaid principal amount hereof from the later of ____________, 201_2, or the most recent interest payment date to which interest has been paid or provided for until such principal amount shall have been paid or provided for, at the per annum rate of interest specified above, computed on the basis of a 360-day year of twelve 30-day months, such interest to be paid semiannually on May 1 and November 1 of each year, commencing ____________, 201_.3 Interest on the Bonds shall accrue from the date of the initial delivery thereof. Capitalized terms appearing herein that are defined terms in the Ordinances defined below, have the meanings assigned to them in the Ordinances. Reference is made to the Ordinances for such definitions and for all other purposes. The principal of this Bond shall be payable without exchange or collection charges in lawful money of the United States of America upon presentation and surrender of this Bond at 1

To be completed pursuant to the Officer’s Pricing Certificate for the Bonds. To be completed pursuant to the Officer’s Pricing Certificate for the Bonds. 3 To be completed pursuant to the Officer’s Pricing Certificate for the Bonds. 2

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the corporate trust office in Dallas, Texas (the “Designated Payment/Transfer Office”), of The Bank of New York Mellon Trust Company, N.A. or, with respect to a successor Paying Agent/Registrar, at the Designated Payment/Transfer Office of such successor. Interest on this Bond is payable by check dated as of the interest payment date, mailed by the Paying Agent/Registrar to the registered owner at the address shown on the registration books kept by the Paying Agent/Registrar or by such other customary banking arrangements acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the person to whom interest is to be paid. Upon written request of a registered owner of at least $1,000,000 in principal amount of Bonds, all payments of the principal of, redemption premium, if any, and interest on the Bonds shall be paid by wire transfer in immediately available funds to an account designated by such registered owner. For the purpose of the payment of interest on this Bond, the registered owner shall be the person in whose name this Bond is registered at the close of business on the “Record Date,” which shall be the 15th day of the month next preceding such interest payment date; provided, however, that in the event of nonpayment of interest on a scheduled interest payment date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the books of the Paying Agent/Registrar at the close of business on the last business day preceding the date of mailing such notice. If a date for the payment of the principal of or interest on the Bonds is a Saturday, Sunday, legal holiday, or a day on which banking institutions in the Cities or in the city in which the Designated Payment/Transfer Office is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date payment was due. This Bond is one of a series of fully registered bonds specified in the title hereof, dated _______________, 201_4 issued in the aggregate principal amount of $_________________5 issued pursuant to the authority of Chapter 22, Texas Transportation Code, as amended, Chapters 1207 and 1371, Texas Government Code, as amended and the “Controlling Ordinances,” as defined in the Forty-Ninth Supplemental Concurrent Bond Ordinance adopted concurrently by the City Councils of the Cities (the “Forty-Ninth Supplemental Ordinance”). The Controlling Ordinances and the Forty-Ninth Supplemental Ordinance are herein collectively referred to as the “Ordinances.” This Bond is one of the Additional Obligations authorized by the Ordinances and is subject to the terms and provisions thereof. The Ordinances and their respective terms and provisions are incorporated herein for all purposes. As set forth in the Forty-Ninth Supplemental Ordinance any owner hereof is deemed to have irrevocably consented to the complete replacement and substitution of the Controlling Ordinances by the “Master Bond Ordinance” (as defined in the Forty-Ninth Supplemental Ordinance).

4 5

To be completed pursuant to the Officer’s Pricing Certificate for the Bonds. To be completed pursuant to the Officer’s Pricing Certificate for the Bonds.

-23#4223958.3


The Bonds were issued by the Cities for the purposes of obtaining funds to [refund certain obligations previously issued by the Cities/pay costs of capital improvements at the Airport (including capitalized interest, if any)], to provide funding for the Debt Service Reserve Requirements through either the deposit of Bond proceeds or entering into a surety or such other agreements, and to pay the Citiesâ&#x20AC;&#x2122; and the Boardâ&#x20AC;&#x2122;s costs incurred in connection with the issuance of the Bonds, including the costs of the Policy or Policies for Insurance, if any, or the surety or debt service reserve agreement. The Bonds and the interest thereon are payable from, and are secured by a first lien on and pledge of the Pledged Revenues and the Pledged Funds. The lien on and pledge of the Pledged Revenues and Pledged Funds created and granted in the Ordinances in favor of the Bonds is on a parity with the lien and pledge thereof granted by the Cities in favor of the Holders of Outstanding Obligations, the Initial Obligations, and any Additional Obligations or Parity Credit Agreement Obligations that may be issued or executed pursuant to the Controlling Ordinances, as defined and permitted therein. The Cities have reserved the right in the Ordinances to issue Additional Obligations and Parity Credit Agreement Obligations that, after issuance, may be secured by liens on and pledges of the Pledged Revenues and Pledged Funds on a parity with the lien thereon in favor of the Bonds. The Cities have also reserved the right in the Ordinances to issue Subordinate Lien Obligations, and Net Revenue Obligations and Credit Agreement Obligations in connection therewith, provided the lien and pledge securing the same are expressly made junior and subordinate to the pledge and lien securing the Obligations and Parity Credit Agreement Obligations. All covenants requiring the Cities to pay principal and interest or other payments on Obligations, Subordinate Lien Obligations, Net Revenue Obligations, and Credit Agreement Obligations shall be joint, and not several, obligations, and all monetary obligations shall be payable and collectible solely from the revenues and funds expressly pledged thereto by the Ordinances or by an Additional Supplemental Ordinance, such revenues and funds being owned in undivided interests by the City of Dallas (to the extent of 7/11ths thereof) and by the City of Fort Worth (to the extent of 4/11ths thereof); and, each and every Holder shall by his acceptance of this Bond consent and agree that no claim, demand, suit, or judgment for the payment of money shall ever be asserted, filed, obtained or enforced against either of the Cities apart from the other City and from sources other than the funds and revenues pledged thereto; and no liability or judgment shall ever be asserted, entered or collected against either City individually, except out of such pledged revenues and exceeding in the case of Dallas an amount equal to 7/11ths of the total amount asserted or demanded, and in the case of Fort Worth an amount equal to 4/11ths of the total amount asserted or demanded. The Holders hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. [The Cities have reserved the right and option to redeem the Bonds maturing in the years ____ through ____, inclusive, in whole or part, in principal amounts equal to $5,000 or any integral multiple thereof, before their respective maturity dates, on November 1, ____, or on any

-24#4223958.3


date thereafter, at a price equal to the principal amount thereof, plus interest to the date fixed for redemption, without premium.]6 [The Bonds maturing November 1, ____ November 1, ____, November 1, ____ and November 1, ____ shall be redeemed prior to stated maturity in part at random on November 1 as indicated, in each of the years set forth below from moneys required to be deposited to the credit of the Debt Service Fund at the principal amount thereof and accrued interest to date of redemption, without premium. Such required sinking fund installments as to each maturity are as follows: BONDS MATURING NOVEMBER 1, ____ Year

Amount

BONDS MATURING NOVEMBER 1, ____ Amount

Year

BONDS MATURING NOVEMBER 1, ____ Year

Amount

BONDS MATURING NOVEMBER 1, ____ Amount

Year

BONDS MATURING NOVEMBER 1, ____ Amount

Year

The Paying Agent/Registrar will select at random the specific Bonds (or with respect to Bonds having a denomination in excess of $5,000, each $5,000 portion thereof) to be redeemed by mandatory redemption. The principal amount of Bonds required to be redeemed on any redemption date pursuant to the foregoing mandatory sinking fund redemption provisions hereof shall be reduced, at the option of the Board on behalf of the City, by the principal amount of any Bonds having the same maturity which, at least 45 days prior to the mandatory sinking fund 6

Optional redemption provisions to be inserted pursuant to the Officerâ&#x20AC;&#x2122;s Pricing Certificate for the Bonds.

-25#4223958.3


redemption date (i) shall have been acquired by the Board on behalf of the City at a price not exceeding the principal amount of such Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant to the optional redemption provisions hereof and not previously credited to a mandatory sinking fund redemption.]7 Notice of such redemption or redemptions shall be given by first class mail, postage prepaid, not less than 30 days before the date fixed for redemption, to the registered owner of each of the Bonds to be redeemed in whole or in part. Notice having been so given, the Bonds or portions thereof designated for redemption shall become due and payable on the redemption date specified in such notice; from and after such date, notwithstanding that any of the Bonds or portions thereof so called for redemption shall not have been surrendered for payment, interest on such Bonds or portions thereof shall cease to accrue. With respect to any optional redemption of Bonds, unless certain prerequisites to such redemption required by the Controlling Ordinances or this Ordinance have been met and moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent prior to the giving of such notice of redemption, such notice shall state that said redemption may, at the option of the Board, be conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent on or prior to the date fixed for such redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the Board shall not redeem such Bonds and the Paying Agent shall notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. As provided in the Ordinances, and subject to certain limitations therein set forth, this Bond is transferable upon surrender of this Bond for transfer at the Designated Payment/Transfer Office, with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar, and, thereupon, one or more new fully registered Bonds of the same stated maturity, of authorized denominations, bearing the same rate of interest, and for the same aggregate principal amount will be issued to the designated transferee or transferees. Neither the Cities, the Board, nor the Paying Agent/Registrar shall be required to issue, transfer or exchange any Bond called for redemption where such redemption is scheduled to occur within 45 calendar days of the transfer or exchange date; provided, however, such limitation shall not be applicable to an exchange by the registered owner of the uncalled principal balance of a Bond. The Cities, the Board, the Paying Agent/Registrar, and any other person may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except interest shall be paid to the person in whose name this Bond is registered on the Record Date or Special Record Date, as applicable) and for all other purposes, whether or not this Bond be overdue, and neither the Cities, the Board, nor the Paying Agent/Registrar shall be affected by notice to the contrary. 7

Mandatory redemption provisions to be inserted pursuant to the Officerâ&#x20AC;&#x2122;s Pricing Certificate for the Bonds.

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IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the series of which it is a part is duly authorized by law; that all acts, conditions and things required to be done precedent to and in the issuance of the Bonds have been properly done and performed and have happened in regular and due time, form and manner, as required by law. ________________________________________ IN WITNESS WHEREOF, the City Council of the City of Dallas, Texas, has caused the facsimile seal of that City to be placed hereon and this Bond to be signed by the facsimile signature of its Mayor and countersigned by the facsimile signatures of its City Manager and City Secretary; and the City Council of the City of Fort Worth, Texas, has caused the facsimile seal of that City to be placed hereon and this Bond to be signed by the facsimile signature of its Mayor, countersigned by the facsimile signature of its City Secretary, and approved as to form and legality by its City Attorney. COUNTERSIGNED:

City Manager, City of Dallas, Texas

Mayor, City of Dallas, Texas

City Secretary, City of Dallas, Texas [SEAL] COUNTERSIGNED:

City Secretary, City of Fort Worth, Texas

Mayor, City of Fort Worth, Texas

APPROVED AS TO FORM AND LEGALITY:

City Attorney, City of Fort Worth, Texas [SEAL]

-27#4223958.3


[Form of Certificate of Paying Agent/Registrar] CERTIFICATE OF PAYING AGENT/REGISTRAR This is one of the Bonds referred to in the within mentioned Ordinances. The series of Bonds of which this Bond is a part was originally issued as one Initial Bond which was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent/Registrar

Dated: ________________________

(b)

By: _______________________________________ Authorized Signatory

[Form of Assignment] ASSIGNMENT

FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (print or typewrite name, address and zip code of transferee): _________________________ (Social Security or other identifying number: _________) the within Bond and all rights hereunder and hereby irrevocably constitutes and appoints ___________________ attorney to transfer the within Bond on the books kept for registration hereof, with full power of substitution in the premises.

Dated: ___________________ Signature Guaranteed By:

Authorized Signatory

(c)

NOTICE: The signature on this Assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular and must be guaranteed in a manner satisfactory to the Paying Agent/Registrar.

Initial Bond Insertions.

(i) The Initial Bond shall be in the form set forth in paragraph (a) of this Section, except that:

-28#4223958.3


A. immediately under the name of the Bond, the headings “INTEREST RATE” and “MATURITY DATE” shall both be completed with the words “As Shown Below” and “CUSIP NO. ______“ deleted; B.

in the first paragraph:

the words “on the Maturity Date” shall be deleted and the following will be inserted: C. “on ____________ in the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Years

Principal Installments

Interest Rates

D. (Information to be inserted in accordance with the Officer’s Pricing Certificate; and E.

the Initial Bond shall be numbered TC-1.

(ii) The following Registration Certificate of Comptroller of Public Accounts shall appear on the Initial Bond in lieu of the Certificate of the Paying Agent/Registrar: REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § § THE STATE OF TEXAS §

REGISTER NO._____________

I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has examined and approved this Bond as required by law, and that he finds that it has been issued in conformity with the constitution and laws of the State of Texas, and that this Bond has been registered this day by me. WITNESS MY SIGNATURE AND SEAL OF OFFICE this _____________________.

____________________________________ Comptroller of Public Accounts of the State of Texas

SEAL]

-29#4223958.3


Section 6.3. CUSIP Registration. The Cities may secure identification numbers through the CUSIP Service Bureau Division of Standard & Poor’s Corporation, New York, New York, and may authorize the printing of such numbers on the face of the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect as regards the legality thereof and neither the Cities, the Board, nor the attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Bonds. Section 6.4. Legal Opinion. The approving legal opinions of Bracewell & Giuliani LLP, McCall, Parkhurst & Horton L.L.P., and Newby Davis PLLC, Co-Bond Counsel, shall be delivered to the Paying Agent/Registrar and the delivery thereof shall be acknowledged by the Paying Agent/Registrar on behalf of the Holders of the Bonds. ARTICLE VII EXECUTION, APPROVAL, REGISTRATION, SALE AND DELIVERY OF BONDS AND RELATED DOCUMENTS Section 7.1. Method of Execution, Delivery of Initial Bond. (a) Each of the Bonds shall be signed and executed on behalf of the City of Dallas by the manual or facsimile signature of its Mayor and countersigned by the manual or facsimile signatures of its City Manager and City Secretary, and the corporate seal of that City shall be impressed, printed, lithographed or otherwise reproduced or placed on each bond. Each of the Bonds shall be signed and executed on behalf of the City of Fort Worth by the manual or facsimile signature of its Mayor and countersigned by the manual or facsimile signature of its City Secretary; the same shall be approved as to form and legality by the manual or facsimile signature of the City Attorney of the City, and its corporate seal shall be impressed, printed, lithographed or otherwise reproduced or placed upon each bond. All manual or facsimile signatures placed upon the Bonds shall have the same effect as if manually placed thereon, all to be done in accordance with Applicable Law. (b) In the event the Mayor, City Secretary, City Manager or City Attorney of either of the Cities is absent or otherwise unable to execute any document or take any action authorized herein, the Mayor Pro Tem, the Assistant City Secretary, an Assistant City Manager or an Assistant City Attorney, respectively, shall be authorized to execute such documents and take such actions, and the performance of such duties by the Mayor Pro Tem and the Assistant City Secretary, and an Assistant City Manager and an Assistant City Attorney shall, for the purposes of this Ordinance, have the same force and effect as if such duties were performed by the Mayor, City Secretary, City Manager and City Attorney, respectively. If any official from either City whose manual or facsimile signature shall appear on the Bonds, shall cease to be such official before the Authentication of the Bonds or before delivery of the Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purpose as if such official had remained in such office. (c) On the Closing Date, one “Initial Bond,” of each series representing the entire principal amount of all Bonds of such series and the terms set forth in each Officer’s Pricing Certificate applicable thereto, payable in stated installments to the Purchasers or its designee, executed by manual or facsimile signatures of the Mayors and the City Manager of the -30#4223958.3


City of Dallas and countersigned by the City Secretaries of the Cities and approved as to form and legality by the City Attorney of the City of Fort Worth, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State, will be delivered to the Purchaser of each series or its designee. Upon payment for the Initial Bonds, the Paying Agent/Registrar shall cancel the Initial Bonds and deliver to DTC on behalf of the Purchaser registered definitive Bonds for each maturity of each series as described in Section 3.7. (d) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Certificate of Paying Agent/Registrar substantially in the form provided in this Ordinance, duly authenticated by manual execution of the Paying Agent/Registrar. It shall not be required that the same authorized representative of the Paying Agent/Registrar sign the Certificate of Paying Agent/ Registrar on all of the Bonds. In lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Bonds shall have attached thereto the Comptrollerâ&#x20AC;&#x2122;s Registration Certificate substantially in the form provided in this Ordinance, manually executed by the Comptroller of Public Accounts of the State or by his duly authorized agent, which certificate shall be evidence that the Initial Bonds have been duly approved by the Attorney General of the State and that it is a valid and binding obligation of the Cities, and has been registered by the Comptroller. Section 7.2. Approval and Registration. The Board is hereby authorized to have control and custody of the Bonds and all necessary records and proceedings pertaining thereto pending their delivery, and the Chairman, and the officers and employees of the Board and of the Cities are hereby authorized and instructed to make such certifications and to execute such instruments as may be necessary to accomplish the delivery of the Bonds or the Initial Bond to the Attorney General of the State of Texas and to assure the investigation, examination and approval thereof by the Attorney General and their registration by the Comptroller of Public Accounts. Upon registration of the Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for him) shall manually sign the Comptrollerâ&#x20AC;&#x2122;s Registration Certificate accompanying the Bonds and the seal of the Comptroller shall be impressed, or placed in facsimile, on such certificate. The Chairman of the Board and the Chief Executive Officer of the Airport shall be further authorized to make such agreements and arrangements with the purchasers of Bonds and with the Paying Agent/Registrar as may be necessary to assure that such Bonds will be delivered to such purchasers in accordance with the terms of sale. Section 7.3. TEFRA Approval. An Authorized Officer is hereby appointed to be the designated Hearing Officer for a public hearing, if applicable, relating to the Bonds to be held for purposes of satisfying Section 147 of the Code and the Mayors are hereby authorized to approve the issuance of the Bonds and the use of the proceeds thereof for the purpose of satisfying the requirements of Section 147 of the Code. Section 7.4. Approval of Credit Agreements. The Board is authorized to enter into Credit Agreements relating to the Bonds from time to time while the Bonds are Outstanding in accordance with Applicable Law.

-31#4223958.3


Section 7.5. Official Statement. The preparation, execution and delivery of a preliminary official statement and a final official statement for the Bonds and any supplements thereto which may be necessary to accomplish the issuance of Bonds are hereby authorized, in such form and with such changes therein as shall be approved by an Authorized Officer or the Board, with an Authorized Officer’s execution of the Officers Pricing Certificate for the Bonds to constitute conclusive evidence of such approval. Section 7.6. Attorney General Modification. In order to obtain the approval of the Bonds by the Attorney General of the State of Texas, any provision of this Ordinance may be modified, altered or amended after the date of its adoption if required by the Attorney General in connection with the Attorney General’s examination as to the legality of the Bonds and approval thereof in accordance with the applicable law. Such changes, if any, shall be provided to the City Secretary of each City and such City Secretary shall insert such changes into this Ordinance as if approved on the date hereof. Section 7.7. Further Action. The Authorized Officers and each of them are authorized, empowered and directed to execute such other documents in addition to those enumerated herein and to take such other actions as they deem necessary or advisable in order to carry out and perform the purposes of this Ordinance. Section 7.8. Refunding and Redemption of Refunded Bonds. (a) The Cities hereby direct that the Refunded Bonds, or portions thereof specified in each Officer’s Pricing Certificate, be called for redemption on the date or dates set forth in the Officer’s Pricing Certificate (the “Redemption Date”) and that the paying agent for the Refunded Bonds (the “Escrow Agent”) deposit an amount sufficient, with investment earnings thereon, if any, to pay the amount due on the Refunded Bonds on the Redemption Date (the “Redemption Date”), all in accordance with the form of notice of redemption prepared by the Escrow Agent and attached to the Escrow Agreement. The Refunded Bonds shall not bear interest after the Redemption Date. (b) The Authorized Officer is hereby authorized to enter into an escrow agreement (the “Escrow Agreement”) with the Escrow Agent. The Escrow Agent is authorized to take such steps as may be necessary or appropriate to purchase securities and to create and fund the Escrow Fund pursuant to the Escrow Agreement through the use of the proceeds of the Bonds and other lawfully available monies, and to use such monies to redeem the Refunded Bonds on the Redemption Date. ARTICLE VIII GENERAL PROVISIONS Section 8.1. Deposit and Uses of Bond Proceeds. The proceeds received from the sale of the Bonds, together with other available funds, if any, shall be applied as follows: (i) an amount as specified in the Officer’s Pricing Certificate shall be deposited to the Construction Fund to pay costs of capital improvements at the Airport (including capitalized interest, if any); (ii) an amount as specified in the Officer’s Pricing Certificate shall be deposited to the Debt Service Reserve Fund or shall be used to purchase a Credit Agreement, which together with the amount on deposit therein, is equal to the Debt Service Reserve Requirement; (iii) an amount, -32#4223958.3


specified in the Officer’s Pricing Certificate shall be deposited into the Escrow Fund for the Refunded Bonds; and (iv) an amount specified in the Officer’s Pricing Certificate, equal to the Cities’ and the Board’s costs of issuance of the Bonds will be deposited into the Construction Fund. Section 8.2. Payment of the Bonds. While any of the Bonds are outstanding and unpaid, the Board shall make available to the Paying Agent/Registrar, out of the Debt Service Fund or the Debt Service Reserve Fund, the amounts and at the times required by this Ordinance and the Controlling Ordinances, money sufficient to pay when due all amounts required to be paid by this Ordinance, the Controlling Ordinances, the Outstanding Ordinances, and the Additional Supplemental Ordinances, if any, that authorize the issuance of the Initial Obligations or Additional Obligations. Section 8.3. Representations and Covenants. (a) The Cities and the Board will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in the Controlling Ordinances and this Ordinance; the Cities will promptly pay or cause to be paid from Pledged Revenues the principal of, interest on, and premium, if any, with respect to, each Bond on the dates and at the places and manner prescribed in each Bond; and the Cities will, at the times and in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money specified by the Controlling Ordinances and this Ordinance. (b) The Cities are duly authorized by Applicable Law to issue the Bonds; all action on their part for the issuance of the Bonds has been duly and effectively taken; and the Bonds in the hands of the Holders are and will be valid and enforceable special obligations of the Cities and the Board in accordance with their terms. (c) The Board, the officers, employees and agents are hereby directed to observe, comply with and carry out the terms and provisions of this Ordinance. Section 8.4. General Tax Covenant Regarding Tax-Exemption. The Cities and the Board covenant to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the “gross income” of the holder for purposes of federal income taxation. The Cities and the Board understand that the term “Proceeds” includes “disposition proceeds,” as defined in the Treasury Regulations. It is the understanding of the Cities and the Board that the covenants contained in this Ordinance are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Cities and the Board will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Cities and the Board agree to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. -33#4223958.3


Notwithstanding any other provision of this Ordinance, the terms, conditions and requirements of Section 8.4 through 8.10 of the Ordinance shall survive the defeasance and discharge of the Bonds and the Cities and the Board will continue to comply with such terms, conditions and requirements to the extent that a failure to do so would adversely affect the treatment of the Bonds as obligations derived in section 103 of the Code, the interest on which is not includable in the “gross income” of the holder for purposes of federal income taxation. For purposes of making the foregoing determination, the Cities and the Board may rely on the advice of nationally-recognized bond counsel. Section 8.5 Use of Proceeds of Non-PAB Bonds. The Cities and Board covenant and agree that they will make use of the Proceeds of Non-PAB Bonds, including interest or other investment income derived from such Proceeds, regulate the use of property financed, directly or indirectly, with such Proceeds, and take such other and further action as may be requires so that the Non-PAB Bonds will not be “private activity bonds” within the meaning of section 141 of the Code. Section 8.6. Use of Proceeds Regarding PAB Bonds. The Cities and the Board covenant with respect to the PAB Bonds or any bonds refunded with the Proceeds of the PAB Bonds (the “PAB Refunded Bonds”): (a) that they have taken any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the PAB Bonds or the PAB Refunded Bonds, if any, as “exempt facility bonds” as the term is defined in section 142 of the Code. (b) that at least 95 percent of the Net Proceeds of the PAB Bonds or the PAB Refunded Bonds, if any, actually expended have been and will be expended to finance or refinance costs of property (the “Financed Property”) that (A) either (1) were paid or incurred after the issue date of the PAB Refunded Bonds, or (2) paid prior to the issue date of the PAB Refunded Bonds, if any, but meet the requirements of section 1.150-2 of the Treasury Regulations; (B) are properly chargeable for federal income tax purposes to the capital account of the Financed Property, or would be so chargeable either with a proper election or but for a proper election to deduct such amounts; and (C) were incurred to provide “airport facilities,” which may include both an “airport” within the meaning of section 142 of the Code and property that is functionally related and subordinate thereto within the meaning of section 1.103-8(a)(3) of the Treasury Regulations or directly related and essential thereto within the meaning of Section 1.103-8(e)(2)(ii) of the Treasury Regulations (for purposes of this covenant a storage or training facility shall be an “airport facility” only if such facility is directly related to the airport, and an “office” shall be considered an “airport facility” only if such office is located on the premises of an airport and all but a de minimis amount of the functions to be performed at such office are directly related to the day-to-day operations at such airport). (c) that less than 25 percent of the Net Proceeds of the PAB Bonds or of the PAB Refunded Bonds, if any, has been and will be used, directly or indirectly, for the acquisition of land or an interest therein and no portion of the Net Proceeds of the PAB Bonds or the PAB Refunded Bonds, if any, has been or will be used, directly or indirectly, for the acquisition of land or an interest therein to be used for farming purposes (for purposes of this covenant, land

-34#4223958.3


acquired for noise abatement purposes or for future use as an airport shall not be taken into account, if there is no other significant use of such land). (d) that no portion of the Net Proceeds of the PAB Bonds or of the PAB Refunded Bonds, if any, has been or will be used for the acquisition of any existing property or an interest therein unless (A) the first use of such property is pursuant to such acquisition or (B) the rehabilitation expenditures with respect to any building and the equipment therefor equal or exceed 15 percent of the cost of acquiring such building financed or refinanced with the Net Proceeds of the PAB Bonds or of the PAB Refunded Bonds, if any, (with respect to structures other than buildings, this covenant shall be applied by substituting 100 percent for 15 percent and the term “rehabilitation expenditures” shall have the meaning set forth in section 147(d)(3) of the Code). (e) to take such action to assure at all times while the PAB Bonds remain outstanding, the Financed Property, will be owned by a governmental unit. (f) that no part of the Financed Property, will constitute (i) any lodging facility, (ii) any retail facility (including food or beverage facilities) in excess of a size necessary to serve passengers and employees at the exempt facility, (iii) any retail facility (other than parking) for passengers or the general public located outside the exempt facility terminal, (iv) any office building for individuals who are not employees of a governmental unit or of the operating authority for the exempt facility, (v) any industrial park or manufacturing facility, (vi) any airplane, (vii) any skybox or other private luxury box, (viii) any health club facility, (ix) any facility primarily used for gambling, or (x) any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (g) that the maturity of the PAB Bonds does not exceed 120 percent of the economic life of the Financed Property, as more specifically set forth in section 147(b) of the Code; and (h) that the costs of issuance to be financed or refinanced with the Proceeds of the PAB Bonds do not exceed two (2) percent of the Sale Proceeds of the Bonds. Section 8.7. No Federal Guarantee. The Cities and the Board covenant and agree to refrain from taking any action that would result in the Bonds being “federally guaranteed” within the meaning of section 149(b) of the Code. Section 8.8. No Arbitrage. The Cities and the Board covenant and agree that they will make such use of the Proceeds of the Bonds, including interest or other investment income derived from Proceeds of the Bonds, regulate investments of Proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be “arbitrage bonds” within the meaning of section 148(a) of the Code. In furtherance thereof, the Cities and the Board covenant and agree as follows: (a) to refrain from using any portion of the Proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially -35#4223958.3


higher yield over the term of each issue of the Bonds, other than investment property acquired with -(i) Proceeds of the Bonds invested for a reasonable temporary period, within the meaning of Section 148 of the Code, (ii) Proceeds or amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (iii) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case of more than a “de minimis amount” of original issue discount, the issue price, within the meaning of section 1.148-1(b) of the Treasury Regulations) of the Bonds; (b) to otherwise restrict the use of the Proceeds of the Bonds or amounts treated as Proceeds of the Bonds, as may be necessary, to satisfy the requirements of section 148 of the Code (relating to arbitrage); (c) to create and maintain a Rebate Fund, as required below for each issue of the Bonds, to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the issue of the Bonds) an amount that is at least equal to 90 percent of the “Excess Earnings,” within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds of such issue have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (d) to maintain such records as will enable the Cities and the Board to fulfill their responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on each issue of the Bonds. In order to facilitate the requirements of subsection (c) of this Section, the Rebate Fund for each issue of the Bonds shall be established and maintained by the Board, on behalf of itself and the Cities, for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other Person, including Holders and Credit Providers. Amounts on deposit in the Rebate Fund in accordance with section 148 of the Code shall be paid periodically to the United States of America in such amounts and at such times as are required by said section. Section 8.9. Record Retention. The City and the Board covenant and agree to retain all pertinent and material records relating to the use and expenditure of the Proceeds of each issue of the Bonds until six years after the last Bond is redeemed, or such shorter period as authorized by subsequent guidance issued by the Department of Treasury, if applicable. All records will be kept in a manner that ensures their complete access throughout the retention period. For this purpose, it is acceptable that such records are kept either as hardcopy books and records or in an electronic storage and retrieval system, provided that such electronic system includes reasonable controls and quality assurance programs that assure the ability of the Cities and the Board to -36#4223958.3


retrieve and reproduce such books and records in the event of an examination of the Bonds by the Internal Revenue Service. Section 8.10. Disposition of Project. The Cities and the Board covenant that the property constituting the projects financed or refinanced with the proceeds of the Bonds will not be sold or otherwise disposed in a transaction resulting in the receipt by the Cities or the Board of cash or other compensation, unless the Cities and the Board obtain an opinion of nationallyrecognized bond counsel that such sale or other disposition will not adversely affect the taxexempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Cities and the Board shall not be obligated to comply with this covenant if they obtain an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest on the Bonds. Section 8.11. Bond Insurance. The Bonds may be offered with one or more commitments for bond insurance provided by the Insurer or Insurers, with the bond insurance to be evidenced by one or more of the then current legal forms of the Policy or Policies. The Cities may sell one or more maturities of the Bonds based on such insurance but are not required to obtain bond insurance from another source if the Insurer does not honor or is unable to honor its obligations to deliver the Policy or Policies on the Closing Date. In the event that any of the Bonds are insured, the covenants and representations of the Cities relating to insurance shall be set forth in the Officerâ&#x20AC;&#x2122;s Pricing Certificates. Section 8.12. Issuance of Taxable Bonds. In the event the Authorized Officer determines to issue any series of Bonds as taxable obligations pursuant to the authority granted in Section 3.1 of this Ordinance, all covenants and representations of the Cities regarding the taxexempt status of the Bonds or any obligations relating to the issuance of tax-exempt Bonds shall be null and void, including the covenants contained in Sections 8.4 through 8.10 of this Article VIII. ARTICLE IX REPEAL, SEVERABILITY, AND EFFECTIVE DATE Section 9.1. Ordinance Irrepealable. After any of the Bonds shall be issued, this Ordinance shall constitute a contract between the Cities, the Holders, and each Insurer, and this Ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall be fully paid, canceled, refunded or discharged or provision for the payment thereof shall be made. Section 9.2. Severability. If any Section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or lack of enforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. If any Section, paragraph, clause or provision of the Contract and Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or lack of enforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of the Contract and Agreement, or of any other provisions of this -37#4223958.3


Ordinance not dependent directly for effectiveness upon the provision of the Contract and Agreement thus declared to be invalid and unenforceable. Section 9.3. Effective Date. This Ordinance, when duly passed by both Cities, shall be in full force and effect. PASSED BY THE FORT WORTH CITY COUNCIL THIS _____ DAY OF _______, 2013. ATTEST:

________________________________ Mayor City of Fort Worth, Texas

______________________________ City Secretary City of Fort Worth

APPROVED AS TO FORM AND LEGALITY:

________________________________ City Attorney City of Fort Worth, Texas

THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH

ยง ยง ยง

I, Mary J. Kayser, City Secretary of the City of Fort Worth, Texas, do hereby certify: 1. That the above and foregoing is a true and correct copy of an Ordinance, duly presented and passed by the City Council of the City of Fort Worth, Texas, at a regular meeting held on _______, 2013, as same appears of record in the Office of the City Secretary. 2. That said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended. WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this _____ day of _________, 2013. __________________________________________ City Secretary, City of Fort Worth, Texas (SEAL) -38#4223958.3


APPROVED AND ADOPTED BY THE DALLAS CITY COUNCIL THIS _______, 2013.

CITY OF DALLAS: MARY K. SUHM, City Manager

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

By: __________________________ City Manager

By:______________________________ City Attorney

THE STATE OF TEXAS COUNTY OF DALLAS CITY OF DALLAS

ยง ยง ยง

I, Rosa Rios, City Secretary of the City of Dallas, Texas, do hereby certify: 1. That the above and foregoing is a true and correct copy of an excerpt from the minutes of the City Council of the City of Dallas, had in regular meeting, _________, 2013, confirming the passage of Dallas/Fort Worth International Airport Forty-Ninth Supplemental Concurrent Bond Ordinance authorizing the issuance of Dallas/Fort Worth International Airport Joint Revenue Bonds which ordinance is duly of record in the minutes of said City Council. 2. That said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended. WITNESS MY HAND and seal of the City of Dallas, Texas, this _____ day of _________, 2013.

__________________________________________ City Secretary, City of Dallas, Texas (SEAL)

-39#4223958.3


SCHEDULE I SCHEDULE OF REFUNDED BOND CANDIDATES All or any portion of the following outstanding bonds that are set for in the Officerâ&#x20AC;&#x2122;s Pricing Certificate: Dallas/Fort Worth International Airport Joint Revenue Bonds, Series 2003A Original Issue Date May 1, 2003

#4223958.3

Original Issue Amount $1,457,700,000

Maturities to be Refunded 2021 thru 2035


KEY FOCUS AREA:

AGENDA ITEM # 39 Better Cultural, Arts and Recreational Amenities

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

10

DEPARTMENT:

Park & Recreation

CMO:

Willis Winters, 670-4071

MAPSCO:

27-Z

________________________________________________________________

SUBJECT Authorize Supplemental Agreement No. 1 to the professional services contract with Perkins+Will Architects for renovations to include basic services, including schematic design, design development, construction documents, bidding, construction administration; and additional services including furniture, fixtures and equipment design, Stormwater Pollution Prevention Plan (SWPPP) and platting of the Jules E. Muchert Army Reserve Center complex for use as a Park and Recreation Department office and maintenance facility located at 10031 East Northwest Highway â&#x20AC;&#x201C; Not to exceed $390,226, from $68,400 to $458,626 - Financing: 2006 Bond Funds BACKGROUND The original professional services contract was authorized by Council on June 22, 2011, by Resolution No. 11-1687, for assessment of the existing facility, programming, space planning, conceptual design and cost estimate for renovation of office space and maintenance facilities at Jules E. Muchert Army Reserve Center, in an amount not to exceed $68,400.00. This action will authorize Supplemental Agreement No. 1 to the professional services contract with Perkins+Will Architects for renovations to include basic services, including schematic design, design development, construction documents, bidding, construction administration; and additional services including furniture, fixtures and equipment design, Stormwater Pollution Prevention Plan (SWPPP) and platting of the Jules E. Muchert Army Reserve Center complex for use as a Park and Recreation Department office and maintenance facility, in an amount not to exceed $390,225.75, making a revised contract amount of $458,625.75. ESTIMATED SCHEDULE OF PROJECT Began Design Complete Design

August 2011 October 2013


PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Park and Recreation Board authorized award of the professional services contract on June 2, 2011. City Council authorized award of the professional services contract on June 22, 2011, by Resolution No. 11-1687. The Park and Recreation Board authorized Supplemental Agreement No. 1 on February 7, 2013. FISCAL INFORMATION 2006 Bond Funds - $390,225.75 Design Supplemental Agreement No. 1 (this action)

$68,400.00 $390,225.75

Total

$458,625.75

M/WBE INFORMATION See attached. ETHNIC COMPOSITION Perkins+Will Architects White Male Black Male Hispanic Male Other Male

65 1 9 6

White Female Black Female Hispanic Female Other Female

47 3 7 4

OWNERS Perkins+Will Architects David Collins, President/Treasurer Tom Reisenbichler, Vice President/Secretary MAP Attached

Agenda Date 02/27/2013 - page 2


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 1 to the professional services contract with Perkins+Will Architects for renovations to include basic services, including schematic design, design development, construction documents, bidding, construction administration; and additional services including furniture, fixtures and equipment design, Stormwater Pollution Prevention Plan (SWPPP) and platting of the Jules E. Muchert Army Reserve Center complex for use as a Park and Recreation Department office and maintenance facility located at 10031 East Northwest Highway â&#x20AC;&#x201C; Not to exceed $390,226, from $68,400 to $458,626 - Financing: 2006 Bond Funds Perkins+Will Architects is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Architecture & Engineering _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Local contracts Non-local contracts

$390,225.75 $0.00

TOTAL THIS ACTION

$390,225.75

Percent 100.00% 0.00%

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

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

100.00%

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

Certification

Garza Program Mgmt, LLC SW Associates EBG Engineering, LLC Reprographic Consultants, Inc. Kevin Sloan Studio

HMDB54161Y0713 PMDB53071Y0313 WFWB54182N0713 WFWB54623Y0813 WFWB54178N0713

Total Minority - Local

Non-Local Contractors / Sub-Contractors None

Amount

Percent

$11,880.00 $40,000.00 $35,300.00 $13,000.00 $2,500.00

3.04% 10.25% 9.05% 3.33% 0.64%

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

$102,680.00

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

26.31%


TOTAL M/WBE PARTICIPATION This Action Percent Amount African American Hispanic American Asian American Native American WBE

$0.00 $11,880.00 $40,000.00 $0.00 $50,800.00

Total

$102,680.00

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

0.00% 3.04% 10.25% 0.00% 13.02%

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

26.31%

Participation to Date Amount Percent $0.00 $16,880.00 $45,000.00 $0.00 $58,800.00

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

$120,680.00

0.00% 3.68% 9.81% 0.00% 12.82%

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

26.31%


10031 E. Northwest Highway Mapsco #27‐Z

Council District 10

Jules E. Muchert Army Reserve Center


COUNCIL CHAMBER

February 27, 2013 WHEREAS, on June 22, 2011, by Resolution No. 11-1687, Perkins+Will Architects was awarded a contract for assessment of the existing facility, programming, space planning, conceptual design and cost estimate for renovation of office space and maintenance facilities at Jules E. Muchert Army Reserve Center located at 10031 East Northwest Highway, in an amount not to exceed $68,400.00; and WHEREAS, it is now desired to enter into Supplemental Agreement No. 1 to the professional services contract with Perkins+Will Architects for renovations to include basic services, including schematic design, design development, construction documents, bidding, construction administration; and additional services including furniture, fixtures and equipment design, Stormwater Pollution Prevention Plan (SWPPP) and platting of the Jules E. Muchert Army Reserve Center complex for use as a Park and Recreation Department office and maintenance facility, in an amount not to exceed $390,225.75, increasing the contract amount from $68,400.00 to $458,625.75. Now, Therefore, BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to enter into Supplemental Agreement No. 1 to the professional services contract with Perkins+Will Architects for renovations to include basic services, including schematic design, design development, construction documents, bidding, construction administration; and additional services including furniture, fixtures and equipment design, Stormwater Pollution Prevention Plan (SWPPP) and platting of the Jules E. Muchert Army Reserve Center complex for use as a Park and Recreation Department office and maintenance facility, in an amount not to exceed $390,225.75, increasing the contract amount from $68,400.00 to $458,625.75. SECTION 2. That the President of the Park and Recreation Board and the City Manager are hereby authorized to execute Supplemental Agreement No. 1 with Perkins+Will Architects, after approval as to form by the City Attorney. SECTION 3. That the City Controller is hereby authorized to pay the amount of $390,225.75 to Perkins+Will Architects, as follows: (2006) Park and Recreation Facilities Improvement Fund Fund 7T00, Department PKR, Unit P762, Object 4112 Activity AISF, Program PKP762, CT-PKR11019255 Commodity 92500, Vendor VS0000001143

$25,189.08


COUNCIL CHAMBER

February 27, 2013 SECTION 3. (Continued) (2006) Park and Recreation Facilities Improvement Fund Fund 8T00, Department PKR, Unit P762, Object 4112 Activity AISF, Program PKP762, CT-PKR11019255 Commodity 92500, Vendor VS0000001143

$572.12

(2006) Park and Recreation Facilities Improvement Fund Fund 9T00, Department PKR, Unit P762, Object 4112 Activity AISF, Program PKP762, CT-PKR11019255 Commodity 92500, Vendor VS0000001143

$213,565.55

(2006) Park and Recreation Facilities Improvement Fund Fund BT00, Department PKR, Unit P762, Object 4112 Activity AISF, Program PKP762, CT-PKR11019255 Commodity 92500, Vendor VS0000001143

$150,899.00

Total amount not to exceed

$390,225.75

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


KEY FOCUS AREA:

AGENDA ITEM # 40 Better Cultural, Arts and Recreational Amenities

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

10

DEPARTMENT:

Park & Recreation

CMO:

Willis Winters, 670-4071

MAPSCO:

N/A

________________________________________________________________

SUBJECT Authorize Supplemental Agreement No. 2 to the contract with the Dallas Arboretum and Botanical Society, Inc, as previously amended and supplemented to manage, maintain and operate an arboretum and botanical garden for a ten-year term, for the period March 23, 2013 through March 23, 2023 â&#x20AC;&#x201C; Not to exceed $395,000 annually â&#x20AC;&#x201C; Financing: Current Funds (subject to annual appropriations) BACKGROUND In 1982, the Dallas Arboretum and Botanical Society, Inc. (DABS) entered into an agreement with the City for the operation, management and maintenance of an arboretum and botanical garden. The City, through the Park and Recreation Department, owns the DeGolyer Estate and Camp Estate properties donated through DABS in 1984. In 1988, the contract was amended to reflect that the Park and Recreation Department (City) and DABS both agreed upon a 25 year agreement with one 10 year renewal option for the operation, management and maintenance of the Dallas Arboretum. DABS was organized for the purpose of establishing, maintaining, promoting, and operating one or more arboretum and botanical gardens for the benefit of the citizens of Dallas and its members. Since then, DABS has provided beautiful gardens and theatrical-themed displays to thousands of citizens and visitors to the City of Dallas. DABS is a Texas non-profit corporation that maintains the Dallas Arboretum; a 66 acre garden featuring spectacular display gardens that showcase incredible seasonal flowers, ornamental shrubs, trees and plant collections in a tranquil setting on White Rock Lake. DABS wishes to continue to manage the Dallas Arboretum on behalf of the City of Dallas and continue providing educational opportunities to 46,090 school children each year and programs for 20,000 recreation center participants. The Dallas Arboretum hours of operation are 9:00 a.m. to 5:00 p.m., daily, year-round and welcomed an estimated 700,000 visitors this past year.


BACKGROUND (Continued) Dallas Arboretum, under the management of DABS, continues to add world-class gardens to the experience including the Rory Meyers Children’s Adventure Garden, a premier 10-acre children’s garden located within the Arboretum that is scheduled to open later this year. The contract between the City and DABS allows for a ten-year renewal, at the option of both parties and as authorized by the City Council. The terms and conditions of the original concession contract dated July 25, 1984 and subsequent contract amendments and supplements shall remain in full force and effect for the term of this extension. The proposed operations and maintenance agreement contemplates the dealpoints as follows: Obligations of the City include the following: 1. 2. 3. 4. 5. 6. 7.

The term of the contract is ten years and allows the City to terminate for convenience. The City will consider providing a contribution to DABS each year, included in the annual budget, and approved in a separate funding agreement. The funding agreement for the current fiscal provided $269,098. The City will pay for certain utilities as described in the agreement, approximately $395,000 per year. The City will receive annual complimentary admission tickets to be made available to the Dallas recreation center patrons. The City will have right of entry to every part of Dallas Arboretum for to carry out authorized duties. The City will have the right to observe and inspect work during the construction of the Rory Meyers Children’s Adventure Garden. The City will provide routine maintenance for certain parking facilities during construction period and while under agreement until term ending.

Obligations of Dallas Arboretum and Botanical Society, Inc., include the following related to DABS. 1. 2. 3. 4.

Dallas Arboretum and Botanical Society, Inc. is responsible for all grounds, buildings and personnel of DABS and other such matters as private security, leasing, safety, insurance coverage, plant acquisitions, and displays and gardens. Dallas Arboretum and Botanical Society, Inc. shall employ personnel necessary for the operation and maintenance of DABS. Dallas Arboretum and Botanical Society, Inc. shall provide all materials, tools and equipment in performing the operation and maintenance of DABS. Dallas Arboretum and Botanical Society, Inc. will operate, manage and maintain Rory Meyers Children’s Adventure Garden and all parking facilities.

Agenda Date 02/27/2013 - page 2


BACKGROUND (Continued) 5.

Dallas Arboretum and Botanical Society, Inc. shall be responsible for all educational, research and informational programs conducted at DABS. 6. Dallas Arboretum and Botanical Society, Inc. shall furnish annual reports and information to the City at prescribed intervals and as reasonably requested. 7. Dallas Arboretum and Botanical Society, Inc. shall be responsible for its volunteers. 8. Dallas Arboretum and Botanical Society, Inc. shall comply with all applicable Park Board policies, City ordinances, licenses, permits and authorizations for the maintenance and operation of the premises as well as state and federal environmental laws applicable to its use and maintenance. 9. Dallas Arboretum and Botanical Society, Inc. shall be responsible for scheduling events on the premises, ensuring that all events it conducts shall be consistent with the use of the premises for park purposes. 10. Dallas Arboretum and Botanical Society, Inc. shall retain all revenues generated from the operation of the Dallas Arboretum, Rory Meyers Children’s Adventure Garden and all parking facilities. 11. Dallas Arboretum and Botanical Society, Inc. shall comply with all state and federal environmental laws applicable to the use and maintenance of the premises. 12. Dallas Arboretum and Botanical Society, Inc. shall obtain and maintain insurance as prescribed by the City’s Risk Management Department, naming the City, its officers, employees and elected representatives as additional insured parties. PRIOR ACTION/REVIEW (Council, Boards, Commissions)

The Park and Recreation Board authorized the operation and maintenance agreement on February 7, 2013. FISCAL INFORMATION $395,000 annually – Current Funds (subject to annual appropriations)

Agenda Date 02/27/2013 - page 3


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the City Charter provides for the Park and Recreation Board to grant contracts and agreements pertaining to park facilities with such terms and conditions as it shall deem proper; and WHEREAS, the City Charter requires that the City Council shall approve any contract which exceeds one year in duration; and WHEREAS, the Dallas Arboretum and Botanical Society, Inc. (DABS), a Texas non-profit corporation, was organized for the purpose of establishing, maintaining, promoting and operating one or more arboretum and botanical gardens for the benefit of the citizens of Dallas and its members; and WHEREAS, in 1982, DABS entered into an agreement with the City for the operation, management and maintenance of an arboretum and botanical garden. DABS donated the DeGolyer Estate and Camp Estate properties to the City through the Park and Recreation Department in 1984; and WHEREAS, in 1988, the contract was amended to reflect that the City and DABS both agreed upon a 25 year agreement with one 10 year renewal option for the operation, management and maintenance of the Dallas Arboretum; and WHEREAS, DABS wishes to continue to manage the Dallas Arboretum on behalf of the City of Dallas and continue providing educational opportunities to 46,090 school children each year and free tickets for 20,000 recreation center participants each year; and WHEREAS, the 25 year agreement between the City and DABS ends on March 23, 2013, and allows for a ten-year renewal, at the option of both parties and as authorized by the City Council. The terms and conditions of the original concession contract dated July 25, 1984 and subsequent contract amendments and supplements shall remain in full force and effect for the term of this extension; and WHEREAS, one of the terms of the original contract obligates the City to pay for certain utilities for the operation of the Dallas Arboretum. Now, Therefore, BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

February 27, 2013

SECTION 1: That Supplemental Agreement No. 2 to the contract between the City and the Dallas Arboretum and Botanical Society, Inc. for the maintenance, operation and management of the Arboretum and Botanical Garden be approved for a term of 10 years. SECTION 2: That the City Controller is hereby authorized to disburse funds to make payments to the utility providers for the Dallas Arboretum as follows: For Light and Power (Not to exceed $220,000) Current Fund 0001, Department PKR, Unit 5231, Object Code 2140, TXU Energy, Vendor 257241 (or the City’s contemporary provider, subject to annual appropriations) For Natural Gas (Not to exceed $12,000) Current Fund 0001, Department PKR, Unit 5231, Object Code 2160, Atmos Energy, Vendor 202855 (or the City’s contemporary provider, subject to annual appropriations) For Water and Sewer (Not to exceed $163,000) Current Fund 0001, Department PKR, Unit 5231, Object Code 2170, Dallas Water Utilities, Vendor 075972 (or the City’ s contemporary provider, subject to annual appropriations) SECTION 3: That the President of the Park and Recreation Board and the City Manager are hereby authorized to execute the contract after approval as to form by the City Attorney. SECTION 4: That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

9

DEPARTMENT:

Public Works Department

CMO:

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

MAPSCO:

AGENDA ITEM # 41

39N P

________________________________________________________________

SUBJECT Authorize (1) a Project Specific Agreement with Dallas County for the design and construction of paving and drainage improvements on La Prada Drive from Millmar Drive to Motley Drive; and (2) payment to Dallas County for the City’s share of design and construction costs - Not to exceed $950,000 - Financing: 2006 Bond Funds BACKGROUND La Prada Drive from Larry Drive to Millmar Drive was selected by Dallas County in their Major Capital Improvement Program. The project limits were later revised to La Prada Drive from Millmar Drive to Motley Drive. This action will authorize the Project Specific Agreement with and payment to Dallas County in the amount of $950,000 for the City’s share of design and construction costs associated with the project. During development of the City’s 2006 Bond Program, it was determined that resurfacing of La Prada Drive from Larry Drive to Millmar Drive would be less costly and would be sufficient to improve the existing condition of the street. Resurfacing of La Prada Drive from Oates Drive to Millmar Drive was completed as part of the 2006 Bond Program. Dallas County is the lead agency for administering the design and construction of the La Prada project. The scope of the project is paving and drainage improvements to reconstruct La Prada Drive to a four lane divided reinforced concrete roadway with concrete median. The total project cost is estimated at $1,900,000 which is to be split 50/50 between the City and the County.


ESTIMATED SCHEDULE OF PROJECT Began Design Complete Design Begin Construction Complete Construction

July 2008 February 2013 May 2013 May 2014

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a Master Interlocal Agreement on January 10, 2001, by Resolution No. 01-0104. Authorized Dallas Countyâ&#x20AC;&#x2122;s Second Call for Projects on April 11, 2001, by Resolution No. 01-1219. Authorized an Interlocal Agreement with Dallas County on December 14, 2005, by Resolution No. 05-3489. Authorized an additional payment to Dallas County for the City's share of design costs on August 8, 2007, by Resolution No. 07-2187. Authorized a Master Agreement Governing Transportation Major Capital Improvement Program with Dallas County on April 13, 2011, by Resolution No. 11-0927. FISCAL INFORMATION 2006 Bond Funds - $950,000 MAP Attached.

Agenda Date 02/27/2013 - page 2


(LA PRADA DRIVEl

o

26

GROSSRD 3 BlYTM 25

26

[MAPSCO 39N,

p]

, Inc.


COUNCIL CHAMBER

February 27, 2013 WHEREAS, on January 10, 2001, Resolution No. 01-0104 authorized the Master Interlocal Agreement with Dallas County for the projects that were submitted and approved in the 2000 and 2002 Call for Projects; and, WHEREAS, on April 11, 2001, Resolution No. 01-1219 authorized submission of candidate projects for the 2002 Call for Projects and implementation of selected projects; and, WHEREAS, La Prada Drive from Larry Drive to Millmar Drive was approved for the 2002 Call for Projects; and, WHEREAS, preliminary project design for the paving and drainage improvements was completed in March 2006, at a cost of $94,796.10; and, WHEREAS, on December 14, 2005, Resolution No. 05-3489 authorized a Project Specific Agreement with and payment to Dallas County in the amount of $40,000 for the City's share of design and design related project administration costs associated with the La Prada Drive from Larry Drive to Millmar Drive improvements; and, WHEREAS, on August 8, 2007, Resolution No. 07-2187 authorized an additional payment to Dallas County for the remaining portion of the City's share of design costs for paving and drainage improvements on La Prada Drive from Larry Drive to Millmar Drive in the amount of $54,796.10; and, WHEREAS, City desired and County agreed to revise the project limits to La Prada Drive from Millmar Drive to Motley Drive, and previous limits was resurfaced by the City as part of the Cityâ&#x20AC;&#x2122;s 2006 Bond Program; and, WHEREAS, on April 13, 2011, Resolution No. 11-0927 authorized a Master Agreement Governing Transportation Major Capital Improvement Program with Dallas County; and, WHEREAS, it is now necessary to authorize a Project Specific Agreement with and payment to Dallas County in the amount of $950,000 for the City's share of design and construction costs for paving and drainage improvements on La Prada Drive from Millmar Drive to Motley Drive. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

February 27, 2013 Section 1. That the City Manager is hereby authorized to execute a Project Specific Agreement with and payment to Dallas County in the amount of $950,000 for the City's share of design and construction costs for paving and drainage improvements on La Prada Drive from Millmar Drive to Motley Drive, 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 agreement from: Street and Transportation Improvements Fund Fund 1T22, Department PBW, Unit U218 Act. INGV Obj. 4510, Program #PB06U218, CT PBW06U218E1 Vendor #VS0000067010, in an amount not to exceed

$950,000

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


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Public Works Department Water Utilities

CMO:

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

MAPSCO:

AGENDA ITEM # 42

44P T

________________________________________________________________

SUBJECT Authorize a professional services contract with Urban Engineers Group, Inc. for the engineering design of street improvements for Sylvan Avenue from Fort Worth Avenue to Singleton Boulevard - Not to exceed $565,654 - Financing: 2006 Bond Funds ($473,254) and Water Utilities Capital Improvement Funds ($92,400) BACKGROUND This action will authorize a professional services contract with Urban Engineers Group, Inc. for the engineering design of street improvements for Sylvan Avenue from Fort Worth Avenue to Singleton Boulevard. The street improvements will consist of a 4-lane divided reinforced concrete pavement roadway, a parking lane, 2 bike lanes, sidewalks, storm drainage, streetscape, street lighting, water and wastewater main improvements. These improvements will be consistent with the on-going project on Sylvan Avenue from IH 30 to Fort Worth Avenue. ESTIMATED SCHEDULE OF PROJECT Begin Design Complete Design Begin Construction Complete Construction

March 2013 February 2014 May 2014 May 2016

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


FISCAL INFORMATION 2006 Bond Funds - $473,254 Water Utilities Capital Improvement Funds - $92,400 Design Construction Paving & Drainage - PBW Water & Wastewater - DWU

$ 565,654

Total

$5,578,989 (est.)

$3,916,747 (est.) $1,096,588 (est.)

M/WBE INFORMATION See attached. ETHNIC COMPOSITION Urban Engineers Group, Inc. Hispanic Female African-American Female Other Female White Female

1 0 0 1

Hispanic Male African-American Male Other Male White Male

1 1 3 2

OWNER Urban Engineers Group, Inc. Faisal Syed, P.E., Principal MAP Attached.

Agenda Date 02/27/2013 - page 2


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a professional services contract with Urban Engineers Group, Inc. for the engineering design of street improvements for Sylvan Avenue from Fort Worth Avenue to Singleton Boulevard - Not to exceed $565,654 - Financing: 2006 Bond Funds ($473,254) and Water Utilities Capital Improvement Funds ($92,400) Urban Engineers Group, Inc. is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Architecture & Engineering _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Total local contracts Total non-local contracts

$565,654.00 $0.00

TOTAL CONTRACT

$565,654.00

Percent 100.00% 0.00%

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

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

100.00%

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

Certification

APM & Associates, Inc. Urban Engineers Group, Inc. Arredondo, Zepeda & Brunz, LLP Lina T. Ramey & Associates, Inc. SM Architects, LLC MS Dallas Reprographics, Inc.

BMMB53328Y0413 HFDB54017Y0613 HMDB53692Y0513 IFDB54491Y0813 NMDB55743Y0513 WFWB52690Y0213

Amount

Percent

$38,000.00 $394,954.00 $82,200.00 $45,500.00 $1,500.00 $3,500.00

6.72% 69.82% 14.53% 8.04% 0.27% 0.62%

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

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

$565,654.00

Total Minority - Local

100.00%

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

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$38,000.00 $477,154.00 $45,500.00 $1,500.00 $3,500.00

6.72% 84.35% 8.04% 0.27% 0.62%

$38,000.00 $477,154.00 $45,500.00 $1,500.00 $3,500.00

6.72% 84.35% 8.04% 0.27% 0.62%

Total

$565,654.00

100.00%

$565,654.00

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

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

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

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

100.00%


STREET RECONSTRUCTION SYLVAN AVENUE FROM FORT WORTH AVENUE TO SINGLETON BOULEVARD

o

ap

.1

L

[MAPSCO 44P & 44T]


COUNCIL CHAMBER

February 27, 2013 WHEREAS, Urban Engineers Group, Inc. was selected to provide the engineering design of street improvements for Sylvan Avenue from Fort Worth Avenue to Singleton Boulevard. 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 Urban Engineers Group, Inc. for the engineering design of street improvements for Sylvan Avenue from Fort Worth Avenue to Singleton Boulevard in an amount not to exceed $565,654, 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: Street and Transportation Improvements Fund Fund 1T22, Department PBW, Unit U802, Act. THRF Obj. 4111, Program #PB06U802, CT PBW06U802E1 Vendor #511462, in an amount not to exceed

$473,254

Water Capital Improvement Fund Fund 2115, Department DWU, Unit PW42, Act. RELP Obj. 4550, Program #713079, Reporting W3BJ, CT PBW713079CP Vendor #511462, in an amount not to exceed $ 58,100 Wastewater Capital Improvement Fund Fund 2116, Department DWU, Unit PS42, Act. RELP Obj. 4560, Program #713080, Reporting T2PL, CT PBW713080CP Vendor #511462, in an amount not to exceed $ 34,300 Total in an amount not to exceed

$565,654

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


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

13

DEPARTMENT:

Public Works Department Fire

CMO:

Jill A. Jordan, P.E., 670-5299 A. C. Gonzalez, 671-8925

MAPSCO:

AGENDA ITEM # 43

25W

________________________________________________________________

SUBJECT Authorize a contract with Bartlett Cocke General Contractors, LLC, best value proposer of five, for the construction of the Fire Station No. 27 replacement facility located at 8401 Douglas Avenue - Not to exceed $6,231,909 - Financing: 2006 Bond Funds BACKGROUND Dallas voters approved funding in the 2006 Bond Program for the replacement of Fire Station No. 27 located at the corner of Douglas Avenue and Northwest Highway. It was constructed in 1948 and has since become inadequate for the current program needs and equipment. A design contract with Perkins + Will - CRA, LLP was authorized by City Council on March 9, 2011. It was necessary to demolish the existing station in order to build the new facility because of the size and availability of land in the area. The Fire-Rescue personnel and equipment have been relocated to another fire station during construction of the new facility. This action will authorize a contract for the construction of the replacement facility for Fire Station No. 27. In August 2012, a Construction Request for Competitive Sealed Proposals was issued in accordance with the City of Dallas procurement guidelines. Bartlett Cocke General Contractors, LLC was identified through this process as the best value proposer of five for the construction of the Fire Station No. 27 replacement facility located at 8401 Douglas Avenue. The site is only 0.18 acres, which required organizing the spaces on three levels. Below grade will be parking, the grade level portion will house fire department equipment and administrative functions, and the second story will provide residential requirements for fire department personnel. Total enclosed space is approximately 12,000 square feet with 20 auto parking spaces below grade. The facility will be designed to achieve gold level certification through Leadership in Energy and Environmental Design (LEED).


ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

March 2011 August 2012 March 2013 July 2014

PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized design services contract with Perkins + Will - CRA, LLP on March 9, 2011, by Resolution No. 11-0648. FISCAL INFORMATION 2006 Bond Funds - $6,231,909 Design Construction (this action) Furniture Fixtures and Equipment Public Art Owner Development Expenses Contingency

$ 605,000 $6,231,909 $ 100,000 $ 42,394 $ 839,748 $ 500,000

Total

$8,319,051 (est.)

(est.) (est.) (est.) (est.)

M/WBE INFORMATION See attached. ETHNIC COMPOSITION Bartlett Cocke General Contractors, LLC Hispanic Female African-American Female Other Female White Female

17 1 0 26

Hispanic Male African-American Male Other Male White Male

121 8 6 145

Agenda Date 02/27/2013 - page 2


PROPOSAL INFORMATION Five competitive sealed proposals were received and opened on September 13, 2012. The proposers are ranked as follows: *Bartlett Cocke General Contractors, LLC Big Sky Construction CORE Construction Services of Texas Denco CS Corporation JC Commercial, Inc. * Denotes successful best value proposer. These proposals were evaluated according to criteria published in the project specifications. These criteria with respective weights were as follows: Proposed Construction Contract Amount Planning/Scheduling/Qualifications/Experience/Reference Financial Sufficiency Business Inclusion and Development Requirements

50% 30% 5% 15%

OWNER(S) Bartlett Cocke General Contractors, LLC Randall J. Pawelek, Chairman/President/Chief Executive Officer Harry Moeller, Executive Vice President Jamey Arnold, General Superintendent/Vice President Steve McCleskey, Vice President Operations - Central/North Texas MAP Attached.

Agenda Date 02/27/2013 - page 3


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract with Bartlett Cocke General Contractors, LLC, best value proposer of five, for the construction of the Fire Station No. 27 replacement facility located at 8401 Douglas Avenue - Not to exceed $6,231,909 - Financing: 2006 Bond Funds Bartlett Cocke General Contractors, 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: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Total local contracts Total non-local contracts

$3,641,574.00 $2,590,335.00

TOTAL CONTRACT

$6,231,909.00

Percent 58.43% 41.57%

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

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

100.00%

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

Certification

Consys Concrete Corporation Al Wright Barrera Plumbing Rocky Duron Genesis Fire Protection

BMMB54569N1113 BMDB53022Y0313 HMDB52279Y0113 HMDB53407Y0413 WFWB53000N0313

Amount

Percent

$1,641,310.00 $636,003.00 $460,546.00 $3,049.00 $45,860.00

45.07% 17.47% 12.65% 0.08% 1.26%

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

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

Amount

Percent

$83,285.00 $272,911.00

3.22% 10.54%

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

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

$2,786,768.00

Total Minority - Local

76.53%

Non-Local Contractors / Sub-Contractors Non-local

Certification

H & W Cleaning Lassiter, Inc.

BMMB5564N1213 WFWB10962N1213

Total Minority - Non-local

$356,196.00

13.75%


TOTAL M/WBE CONTRACT PARTICIPATION

African American Hispanic American Asian American Native American WBE Total

Local

Percent

Local & Non-Local

Percent

$2,277,313.00 $463,595.00 $0.00 $0.00 $45,860.00

62.54% 12.73% 0.00% 0.00% 1.26%

$2,360,598.00 $463,595.00 $0.00 $0.00 $318,771.00

37.88% 7.44% 0.00% 0.00% 5.12%

76.53%

$3,142,964.00

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

$2,786,768.00

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

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

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

50.43%


Fire Station

27 Replacement Facility

WOODLAND DELOACHE

62 NORTHWOOD

63 BANDERA

38

39 Fire Station No. 27 Replacement Facility

copyright Š 2006 MAPSCO, Inc

Mapsco 25W Scale 1 : 8 166


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the existing Fire Station No. 27 facility was constructed at 8401 Douglas Avenue in 1948 and requires replacement; and, WHEREAS, the citizens of Dallas approved funding in the 2006 Bond Program for the design and construction of a replacement facility for Fire Station No. 27; and, WHEREAS, on March 9, 2011, Resolution No. 11-0648, authorized a contract with Perkins + Will - CRA, LLP to provide design services, preparation of construction documents and construction administration for the Fire Station No. 27 replacement facility, located at 8401 Douglas Avenue in an amount not to exceed $605,000; and, WHEREAS, it was determined that the best procurement method to select the best value for Fire Station No. 27 would be the Competitive Sealed Proposal; and, WHEREAS, on September 13, 2012, five sealed proposals were received, and the companies were ranked as follows: *Bartlett Cocke General Contractors, LLC Big Sky Construction CORE Construction Services of Texas Denco CS Corporation JC Commercial, Inc. WHEREAS, Bartlett Cocke General Contractors, LLC was selected as the best value proposer of the five proposers; and, WHEREAS, it is now desirable to authorize a contract with Bartlett Cocke General Contractors, LLC, best value proposer of five, for the construction of the Fire Station No. 27 replacement facility located at 8401 Douglas Avenue in an amount not to exceed $6,231,909. 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 Bartlett Cocke General Contractors, LLC, best value proposer of five, for the construction of the Fire Station No. 27 replacement facility located at 8401 Douglas Avenue in an amount not to exceed $6,231,909, after it has been approved as to form by the City Attorney.


COUNCIL CHAMBER

February 27, 2013 Section 2. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Public Safety Facilities Fund Fund 1T33, Dept. PBW, Unit T838, Act. FIRF Obj. 4310, Program #PB06T838, CT PBW06T838F1 Vendor #VS0000073743, in an amount not to exceed

$5,831,769

Public Safety Facilities Fund Fund 8T33, Dept. PBW, Unit T838, Act. FIRF Obj. 4310, Program #PB06T838, CT PBW06T838F1 Vendor #VS0000073743, in an amount not to exceed

$ 400,140

Total in an amount not to exceed

$6,231,909

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


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

4

DEPARTMENT:

Public Works Department Water Utilities

CMO:

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

MAPSCO:

AGENDA ITEM # 44

48Y 58C

________________________________________________________________

SUBJECT Authorize an increase in the contract with North Texas Contracting, Inc. for the construction of additional utility and paving improvements on Buckner Boulevard from Bruton Road to Scyene Road - Not to exceed $174,426, from $3,453,557 to $3,627,983 - Financing: 2003 Bond Funds ($48,230) and Water Utilities Capital Improvement Funds ($126,196) BACKGROUND On June 23, 2010, Resolution No. 10-1607 authorized a contract with North Texas Contracting, Inc. for the construction of streetscape improvements including sidewalks, barrier free ramps, water and wastewater mains for Buckner Boulevard from Bruton Road to Scyene Road. This action will authorize Change Order No. 2 to the contract with North Texas Contracting, Inc. for additional utility and paving improvements on Buckner Boulevard from Bruton Road to Scyene Road. The original engineering design included installation of a 12 inch wastewater main utilizing the pipe bursting method. During construction, the existing wastewater main was found to be encased in concrete, and required a different method of replacement. The plans were revised to install the wastewater main by the open cut method. This method was slow and intricate due to the depth of the proposed wastewater main which was 20 feet below the street grade. The change order will compensate the contractor for the cost increase.


BACKGROUND (Continued) In the 2003 Bond Program, funding was earmarked for streetscape improvements on the public right-of-way on Buckner Boulevard from Bruton Road to Scyene Road. The streetscape enhancement, which is approximately 5,300 linear feet, will include landscape, barrier free ramps, concrete sidewalk with pavers, drive approaches, and median nose beautification. Utility improvements consist of replacing the existing 8 inch and 16 inch water line, and 8 inch wastewater main along both sides of Buckner Boulevard. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Began Construction Complete Construction

May 2006 October 2009 September 2010 March 2013

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract for engineering services on March 9, 2005, by Resolution No. 05-0907. Authorized the rejection of bids and re-advertisement for new bids on March 10, 2010, by Resolution No. 10-0732. Authorized a construction contract with North Texas Contracting, Inc. on June 23, 2010, by Resolution No. 10-1607. FISCAL INFORMATION 2003 Bonds Funds - $48,230.00 Water Utilities Capital Improvement Funds - $126,195.60 Design - PBW & DWU Construction Paving - PBW Water & Wastewater - DWU Change Order No. 1 Change Order No. 2 (this action)

$ 312,660.00 $1,338,875.00 $2,091,509.00 $ 23,172.50 $ 174,425.60

Total Project Cost

$3,940,642.10

M/WBE INFORMATION See attached.

Agenda Date 02/27/2013 - page 2


ETHNIC COMPOSITION North Texas Contracting, Inc. Hispanic Female African-American Female Other Female White Female

3 0 0 3

Hispanic Male African-American Male Other Male White Male

235 2 0 33

OWNER North Texas Contracting, Inc. Zack Fusiller, Vice President MAP Attached.

Agenda Date 02/27/2013 - page 3


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize an increase in the contract with North Texas Contracting, Inc. for the construction of additional utility and paving improvements on Buckner Boulevard from Bruton Road to Scyene Road - Not to exceed $174,426, from $3,453,557 to $3,627,983 - Financing: 2003 Bond Funds ($48,230) and Water Utilities Capital Improvement Funds ($126,196) North Texas Contracting, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Local contracts Non-local contracts

$0.00 $174,425.60

TOTAL THIS ACTION

$174,425.60

Percent 0.00% 100.00%

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

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

100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors None TOTAL M/WBE PARTICIPATION This Action Percent Amount African American Hispanic American Asian American Native American WBE Total

$0.00 $0.00 $0.00 $0.00 $0.00

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

$0.00

Participation to Date Amount Percent

0.00% 0.00% 0.00% 0.00% 0.00%

$0.00 $1,125.00 $0.00 $0.00 $852,882.54

0.00%

$854,007.54

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

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

0.00% 0.03% 0.00% 0.00% 23.51%

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

23.54%


STREETSCAPEIMPROVEMENT BUCKNER BOULEVARD FROM BRUTON ROAD TO SCYENE ROAD

(MAPSCO 48Y & S8C]


COUNCIL CHAMBER

February 27, 2013 WHEREAS, on March 9, 2005, Resolution No. 05-0907 authorized a professional services contract with Halff Associates, Inc. for the design of Buckner Boulevard from Bruton Road to Scyene Road; and, WHEREAS, on March 10, 2010, Resolution No. 10-0732 authorized the rejection of bids and re-advertisement for new bids; and, WHEREAS, on June 23, 2010, Resolution No. 10-1607 authorized the construction of streetscape improvements including sidewalk, barrier free ramps, water and wastewater mains for Buckner Boulevard from Bruton Road to Scyene Road in the amount of $3,430,384.00; and, WHEREAS, on July 27, 2011, Administrative Change Order No. 11-1916 authorized Change Order No. 1 to the construction contract with North Texas Contracting, Inc. for additional quantity and new unit price for saw cut, remove separate concrete curb and gutter, and asphalt pavement for Buckner Boulevard from Bruton Road to Scyene Road in the amount of $23,172.50, increasing the contract amount from $3,430,384.00 to $3,453,556.50; and, WHEREAS, it is now necessary to authorize Change Order No. 2 to the contract with North Texas Contracting, Inc. for construction of additional utility and paving improvements on Buckner Boulevard from Bruton Road to Scyene Road in the amount of $174,425.60, increasing the contract from $3,453,556.50 to $3,627,982.10. 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 Change Order No. 2 to the contract with North Texas Contracting, Inc. for construction of additional utility and paving improvements on Buckner Boulevard from Bruton Road to Scyene Road in the amount of $174,425.60, increasing the contract from $3,453,556.50 to $3,627,982.10, 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: Specified Street Projects Fund Fund 5R21, Department PBW, Unit R795, Act. SSUD Obj. 4510, Program #PB03R795, CT PBW03R795E1 Vendor #514455, in an amount not to exceed

$ 48,230.00


COUNCIL CHAMBER

February 27, 2013 Wastewater Capital Improvement Fund Fund 2116, Department DWU, Unit PS42, Act. RELP Obj. 4560, Program #706590, Reporting T2PF, CT PBW706590CP Vendor #514455, in an amount not to exceed $126,195.60 Total in an amount not to exceed

$174,425.60

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.


AGENDA ITEM # 45

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

8

DEPARTMENT:

Sustainable Development and Construction Water Utilities

CMO:

Ryan S. Evans, 670-3314 Forest E. Turner, 670-3390

MAPSCO:

69L

________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Amador Garcia, of a tract of land containing approximately 15,714 square feet of land improved with a billboard and a storage trailer located near the intersection of Tempest Drive and Interstate Highway 20 for the Southwest 120/96-inch Water Transmission Pipeline Project - Not to exceed $130,239 ($127,393, plus closing costs and title expenses not to exceed $2,846) â&#x20AC;&#x201C; Financing: Water Utilities Capital Improvement Funds BACKGROUND This item authorizes the acquisition of a tract of land containing approximately 15,714 square feet of land improved with a billboard and a storage trailer located near the intersection of Tempest Drive and Interstate Highway 20 for the Southwest 120/96-inch Water Transmission Pipeline Project. This property will be used for the construction of a 96-inch and 120-inch diameter treated water transmission line from the Eastside Water Treatment Plant to Southwest Dallas. The consideration is based on an independent appraisal. This acquisition is part of the Long Range Water Master Plan and the Water Distribution Master Plan. The water transmission main is required to facilitate conveyance of treated water to the South and Southwest portions of Dallas and its customer cities. Installation of approximately 32 miles of 96-inch and 120-inch water transmission pipeline is needed to meet near-term critical demands associated with the population growth as determined through master planning efforts. The overall pipeline is sized to meet future water demands.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Acquisition approved by Resolution No. 10-2149, on August 25, 2010. FISCAL INFORMATION Water Utilities Capital Improvement Funds - $130,239 ($127,393, plus closing costs and title expenses not to exceed $2,846) OWNER Amador Garcia MAPS Attached

Agenda Date 02/27/2013 - page 2


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COUNCIL CHAMBER

February 27, 2013 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR PUBLIC USE. DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas “PROPERTY": Approximately 15,714 square feet of land located in Dallas County and being the same property more particularly described on the "Exhibit A", attached hereto and made a part hereof for all purposes. “PROJECT”: Southwest 120/96-inch Water Transmission Pipeline Project “USE”: The installation, use, and maintenance of a pipeline or lines for the transmission of treated water together with such appurtenant facilities as may be necessary. "PROPERTY INTEREST": Fee Simple "OWNER": Amador Garcia, provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT": $127,393 "CLOSING COSTS AND TITLE EXPENSES": Not to exceed $2,846 "AUTHORIZED AMOUNT": $130,239 ($127,393, plus closing costs and title expenses not to exceed $2,846) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.


COUNCIL CHAMBER

February 27, 2013 SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of Sustainable Development and Construction, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY. SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Water Utilities Capital Improvement Funds, Fund No. 2115, Department DWU, Unit PW40, Activity MPSA, Program No. 706623, Object 4210, Encumbrance No. CT-DWU706623CPDA. The OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY'S market value. SECTION 9. That owner has been provided with a copy of the Landowner's Bill of Rights as required by Texas Property Code Section 21.0112.


COUNCIL CHAMBER

February 27,2013 SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council. SECTION 11. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

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

BY -1:~":::"""'~ ::"":""":'~-J.I-~ ~Y( Assistant City Attor


EXHIBIT A PARCELS E-I05, E-I07, & E-360 CITY OF DALLAS RIGHT-OF-WAY 15,714 SQUARE FOOT TRACT CITY OF DALLAS BLOCK NO. 1/8778, BARNEY JETT, PRATER ROAD SUBDIVISION SECTION 1, SOLOMON DIXON SURVEY, ABSTRACT NUMBER 407, CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a tract of land situated in the Solomon Dixon Survey, Abstract Number 407, City of Dallas, Dallas County, Texas, and being part of Lot 3, all of Lot 4 and part of Lot 5, Block 1/8778, Barney lett, Prater Road Subdivision Section I, an unrecorded subdivision in the City of Dallas, Texas, said tract also being part of that tract of land described in deed to Amador Garcia as recorded in County Clerk's Instrument Number 20070021062 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.) and being more particularly described as follows: COMMENCING at a S/8-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") for the common southwest corner of said Lot 3 and the northwest corner of Lot 2 of said Block 1/8778, Barney lett, Prater Road Subdivision Section 1, said point being in the east line of that tract of land described in deed to Braintree Adams, LLC, as recorded in County Clerk's Instrument Number 200900297328, O.P.R.D.C.T.; THENCE North 00 degrees 33 minutes 03 seconds West, along the common west line of said Lot 3 and the east line of said Braintree Adams tract, a distance of 24.70 feet to a 1/2-inch set iron rod with cap for the POINT OF BEGINNING; THENCE North 00 degrees 33 minutes 03 seconds West, continuing along the common west ~~ .~ line of said Lots 3,4, and 5 and the east line of said Braintree Adams tract, a distance of 155.10 ~ feet to a S/8-inch found iron rod for the intersection of the west line of said Block 1/8778 with the south right-of-way line of Interstate Highway 20 (a variable width right-of-way), said point ~ also being the northeast comer of said Braintree Adams tract, from which point a S/8-inch found l>J iron rod with plastic cap stamped "LGG" bears North 74 degrees 43 minutes 11 seconds East a fXl distance of 1.70 feet; Q r

. ,

r~' THENCE North 74 degrees 43 minutes 11 seconds East, departing said common line, along said ~

south right-of-way line of Interstate Highway 20, a distance of 104.76 feet to a point for the intersection of said south right-of-way line with the west right-of-way line of Tempest Drive (a 60 foot wide right-of-way as shown on said unrecorded plat), from which point a found brass TXDOT monument bears South 35 degrees II minutes 19 seconds East a distance of 0.43 feet;

Page 1 of3 LD ElOS-El07-E360.doc

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EXHIBIT A PARCELS E-I05, E-I07, & E-360 CITY OF DALLAS RIGHT-OF-WAY 15,714 SQUARE FOOT TRACT CITY OF DALLAS BLOCK NO. 1/8778, BARNEY JETT, PRATER ROAD SUBDIVISION SECTION 1, SOLOMON DIXON SURVEY, ABSTRACT NUMBER 407, CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE South 00 degrees 33 minutes 03 seconds East, departing said south right-of-way line, along the common east line of said Lots 5, 4, and 3 and said west right-of-way line of Tempest Drive, a distance of 155.10 feet to a 1/2-inch set iron rod with cap for comer; THENCE South 74 degrees 43 minutes 11 seconds West, departing said common line, over and across said Lot 3, a distance of 104.76 feet to the POfNT OF BEGINNING AND CONTAINING 15,714 square feet or 0.3607 acre ofland, more or less.

The Basis of Bearing is the North American Datum of 1983, Texas State Plane Coordinate System, North Central Zone 4202 . All distances are surface distances. Surface Adjustment Scale Factor: 1.0001365060.

Page 2 of3 LD EI05-EI07-E360.doc


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PARCELS E-105, E-107, & E-36 0 CITY OF DALLAS RIGHT-OF -WAY 15,714 SQUARE FOOT TRACT CITY OF DALLAS BLOCK NO . 1/8778 , BARNEY JETT, PRATER ROAD SUBDIVISION SECTION 1, SOLOMON DIXON SURVEY, ABSTRACT NUMBER 407 , CITY OF DALLAS, DALLAS COUNTY, TEXAS

LEGEND

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SIB-INCH SET IRON ROD WITH YELLOW W/CAP PLASTIC CAP STAMPED 'HALFF ASSOC . INC.' (C .M.1 CONTROL MONUMENT FOUND IRON ROD FIR SET IRON ROD SIR MONUMENT MON

-.

t-----------------r--------I DATE:

1201 N. BOWSER ROAD DALLAS, TEXAS 75081 FAX (214)739-0095 TELE. (214)346-6200

APRIL,2010

AVO.: 25143

PAGE

3 OF

3


AGENDA ITEM # 46

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Sustainable Development and Construction Public Works Department

CMO:

Ryan S. Evans, 670-3314 Jill A. Jordan, P.E., 670-5299

MAPSCO:

55H

________________________________________________________________

SUBJECT Authorize moving expense and replacement housing payments for Linda Shelton in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 2934 Gloyd Street for future City facilities Not to exceed $60,800 - Financing: 2006 Bond Funds BACKGROUND Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by the City of Dallas in conjunction with its real property acquisition activities. On January 9, 2013, the City Council approved Resolution No. 13-0119 which authorized the acquisition of real property known as 2934 Gloyd Street for future City facilities. Linda Shelton will be displaced as a direct result of this property acquisition. She has qualified for a moving expense payment of up to $1,600 and a replacement housing payment of up to $59,200 pursuant to City Code and will use the replacement housing payment to acquire a replacement property. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 9, 2013, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for future City facilities by Resolution No. 13-0119. FISCAL INFORMATION 2006 Bond Funds - $60,800


OWNER Linda Shelton MAP Attached

Agenda Date 02/27/2013 - page 2


FUTURE CITY FACILITIES PROJECT RELOCATION ASSISTANCE

Lot 24, Block 6642– 2934 Gloyd Street


COUNCIL CHAMBER

February 27, 2013 WHEREAS, on November 7, 2006, Dallas voters approved the use of General Obligation Bonds to acquire property for future City facilities; and WHEREAS, Linda Shelton will be displaced as a direct result of this property acquisition and will vacate the property; and WHEREAS, Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for homeowners displaced by City of Dallas property acquisition activities; and WHEREAS, on January 9, 2013, the City Council approved Resolution No. 13-0119 authorizing the acquisition of 2934 Gloyd Street located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of future City facilities; and Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Linda Shelton will be displaced in conjunction with the construction of future City facilities and is entitled to moving expense and replacement housing payments pursuant to Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas. SECTION 2. That Linda Shelton is eligible to receive a moving expense payment in an amount up to $1,600 and a replacement housing payment in an amount up to $59,200. SECTION 3. That the City Controller is authorized to draw warrants in favor of Linda Shelton in an amount not to exceed $60,800 for moving expense and replacement housing payments. These warrants are to be paid as follows: Fund Dept Unit Obj

Act Code Prog No

8T11 PBW T825 4240 LAAQ 8T11 PBW T825 4240 LAAQ

PB06T825 PB06T825

CT

Vendor No

Amount

PBW06T825LH VC0000011609 $59,200 PBW06T825LG VC0000011608 $ 1,600

SECTION 4. 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.


AGENDA ITEM # 47

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

33U

________________________________________________________________

SUBJECT Authorize a five-year and three month lease agreement with Texas Prince Properties, Inc. for approximately 4,162 square feet of office space located at 7610 Stemmons Freeway, Suite 190 for the Northwest Building Inspection District Office for the period March 1, 2013 through May 31, 2018 - Not to exceed $364,175 - Financing: Building Inspection Current Funds (subject to annual appropriations) BACKGROUND This item authorizes a lease agreement for approximately 4,162 square feet of office space located at 7610 Stemmons Freeway, Suite 190. This lease will be used for the Northwest Building Inspection District office to provide services that include the intake of contractor’s registration, review and processing of permit applications and inspections by the City of Dallas. The lease will begin on March 1, 2013 through May 31, 2018 for a total of $364,175. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $364,175 – Building Inspection Current Funds (subject to annual appropriations)


OWNER Texas Prince Properties, Inc. Amirali Rupani, President and Director Parveen Rupani, Vice President, Secretary, Treasurer and Director MAPS Attached

Agenda Date 02/27/2013 - page 2


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COUNCIL CHAMBER

February 27, 2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS SECTION 1. That the City Manager, upon approval as to form by the City Attorney, is hereby authorized to execute a lease agreement (the “Lease”) between Texas Prince Properties, Inc., a Texas corporation, or its successor and assigns, as landlord, hereinafter referred to as "Landlord", and the City of Dallas, as tenant, hereinafter referred to as "City" for approximately 4,162 square feet of office space located in the Brookhollow Place office building at 7610 Stemmons Freeway, Suite 190, Dallas, Dallas, County, Texas (“Premises”) to be used by the Building Inspection’s Northwest District Office. SECTION 2. That the special terms and conditions of the lease are: a)

The lease is for a term of five (5) years and three (3) months beginning March 1, 2013 through May 31, 2018.

b)

Monthly rental payments during the term shall be as follows (subject to annual appropriations): March 1, 2013 – May 31, 2013 June 1, 2013 – May 31, 2014 June 1, 2014 – May 31, 2015 June 1, 2015 – May 31, 2016 June 1, 2016 – May 31, 2017 June 1, 2017 – May 31, 2018

$ 0.00 per month $5,722.75 per month $5,896.17 per month $6,069.58 per month $6,243.00 per month $6,416.42 per month

The rental payments shall begin upon the latter of (i) June 1, 2013, or (ii) the date certain leasehold improvements as specified in the lease are completed by Landlord and accepted by City (“Rental Commencement Date”). If the Rental Commencement Date is other than the first of the month rent for the resulting partial month shall be prorated by days. c)

The Landlord agrees to provide the City with a Certificate of Occupancy.

d)

The Landlord shall pay all real estate taxes on the Premises during the lease term.

e)

The City shall be responsible for the installation, maintenance and expense of its own telephone and communication services to the Premises.

f)

The Landlord shall pay all charges for utilities, janitorial and sanitation services to the Premises during the lease term.


COUNCIL CHAMBER

February 27, 2013 SECTION 2. That the special terms and conditions of the lease are: (Continued) g)

The Landlord shall provide the City with an asbestos survey at Landlord’s expense.

h)

The Landlord shall maintain the roof, foundation, exterior walls, termites and pest extermination, exterior lighting, parking areas and all public and common areas constituting a part of and/or serving the Premises during the lease term.

i)

The Landlord shall maintain all equipment and systems, including, but not limited to, all electrical, mechanical and plumbing systems, including heating and air conditioning equipment, front and rear doors, light fixtures and bulb replacements, plumbing and floor drains, exhaust fans, windows, interior walls, ceiling and floors in or constituting part of and/or serving the Premises.

j)

The Landlord shall provide certain improvements and repairs (leasehold improvements) to the leased Premises as specified in the lease agreement.

k)

The Landlord shall provide City a minimum of three designated and marked “City Visitor” parking spaces, a minimum of twenty-three undesignated employee parking spaces and a minimum of twenty-five secured parking spaces for City truck and/or vehicles.

l)

The Landlord shall provide adequate dumpster facilities for City’s trash.

m)

Landlord shall repaint the interior walls through-out the Premises on or before June 1, 2016.

n)

The City reserves the right to terminate the lease on the last day of any current fiscal year due to non-appropriation of funds. City agrees to notify Landlord in writing of such termination at the earliest practicable time prior to the end of the City's then current fiscal year.


COUNCIL CHAMBER

February 27,2013 SECTION 3. That the City Controller is hereby authorized to draw warrants payable to Texas Prince Properties, Inc. or its successors and assigns on the first day of each month in advance during the lease term beginning March 1, 2013 in the amounts specified below: March 1,2013 - May 31,2013 (subject to annual appropriations) June 1, 2013 - May 31,2014 (subject to annual appropriations) June 1,2014 - May 31,2015 (subject to annual appropriations) June 1,2015 - May 31,2016 (subject to annual appropriations) June 1,2016 - May 31,2017 (subject to annual appropriations) June 1, 2017 - May 31,2018 (subject to annual appropriations)

$

0.00 per month

$5,722.75 per month $5,896.17 per month $6,069.58 per month $6,243.00 per month $6,416.42 per month

SECTION 4. That the payments will be charged as follows: March 1,2013 - September 31, 2013: Fund 0150, Dept. DEV, Unit 315'1 , Object Code 3330, Encumbrance No. DEVNWD01213, Commodity Code 97145, Vendor No. VS0000075845 . October 1, 2013 - May 31,2018: Fund 0150, Dept DEV, Unit 3151 , Object Code 3330, Encumbrance No. DEVNWD01213, Commodity Code 97145, Vendor No. VS0000075845. SECTION 5. That the City Controller is hereby authorized to draw warrants payable to the respective telephone and communications companies upon receipt of a bill for services or other applicable charges throughout the term of the lease. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM Thomas P. Perkins Jr., City Attorney

BY:----...,........x....

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AGENDA ITEM # 48

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

Outside City Limits

DEPARTMENT:

Sustainable Development and Construction Water Utilities

CMO:

Ryan S. Evans, 670-3314 Forest E. Turner, 670-3390

MAPSCO:

20BJ

________________________________________________________________

SUBJECT A resolution authorizing the conveyance of a wastewater easement with a temporary construction easement containing a total of approximately 10,357 square feet of land to the City of Rowlett for the construction and maintenance of wastewater facilities across City-owned land at Lake Ray Hubbard, located near the intersection of McCleery Lane and Dalrock Road - Financing: No cost consideration to the City BACKGROUND This item authorizes the conveyance of a wastewater easement with a temporary construction easement across City-owned land at Lake Ray Hubbard to the City of Rowlett for the Waters Edge Project. The operation, construction, repair and full maintenance of these facilities shall be at no cost to the City of Dallas. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City MAPS Attached


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COUNCIL CHAMBER

February 27. 2013 WHEREAS, the City of Dallas owns tracts of land which are used for Lake Ray Hubbard; and WHEREAS, the City of Rowlett has requested a wastewater easement with a temporary construction easement on said land for the construction, maintenance and use of waste water facilities containing a total of approximately 10,357 square feet of land, located in, Abstract 94, Dallas County, Texas; and WHEREAS, the Interlocal Agreement and Lease between the City of Dallas and the City of Rowlett dated January 22, 2001, contemplates the granting of easement rights; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That pursuant to the Interlocal Agreement and Lease, the City Manager is authorized to execute a wastewater easement with a temporary construction easement to be attested by the City Secretary upon approval as to form by the City Attorney for a total of approximately 10,357 square feet of land, located in Abstract 94, Dallas County, Texas, to the City of Rowlett as GRANTEE. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

APPROVED AS TO FORM: THOMAS P. PERKINS, JR. CITY ATTORNEY

BY:&

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Assistant City Attorney


Field Notes Describing a 2,440 Square Foot (0.0560Acre) Waste Water Easement to be Acquired in the Harrison Blevins Survey Abstract No.94 from the City of Dallas, Texas.

EXHIBI A

BEING 2,440 square feet of land situated in the Harrison Blevins Survey, Abstract No. 94, City of Rowlett, Dallas County, Texas, and being part of that tract of land described as Tract BB-10A & Tract BB-7A in a Deed to the City of Dallas, dated March 15, 1967, as recorded in Volume 67060, Page 0593 of the Deed Records of Dallas County, Texas, and also being within the Lake Ray Hubbard Take Area as shown on Map 612 D-1, Page 151 of the City of Dallas Public Works and Transportation Survey Records Vault located at 320 E. Jefferson Boulevard, Dallas, Texas, Room 314 in the Oak Cliff Municipal BUilding, and being more particularly described as follows: COMMENCING at a City of Dallas 4 inch concrete monument with 3 inch brass cap stamped "BB-1 0-2" found for corner at the most Westerly corner of the above cited Tract BB-10A & Tract BB-7A, said point also being in the Easterly line of a called 60.907 acre tract of land described in a Deed to Flower Mound Properties, Inc ., as recorded in Volume 2001024, Page 2306 of the Deed Records of Dallas County, Texas. THENCE South 27 degrees 52 minutes 50 seconds East along the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60 .907 acre tract, for a distance of 234.06 feet to a 5/8 inch iron rod with orange cap stamped "USA INC" set for corner at the POINT OF BEGINNING for the herein described easement; THENCE North 80 degrees 15 minutes 05 seconds East departing the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60 .907 acre tract, for a distance of 122.43 feet to a 5/8 inch iron rod with orange cap stamped "USA INC." set for corner; THENCE South 25 degrees 28 minutes 56 seconds East for a distance of 20 .78 feet to a 5/8" iron rod set with orange cap stamped "USA INC." set for corner; THENCE South 80 degrees 15 minutes 05 seconds West for a distance of 121.52 feet to a 5/8" iron rod with orange cap stamped "USA INC." set for corner in the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907acre tract. THENCE North 27 degrees 52 minutes 50 seconds West along the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 21.05 feet to the POINT OF BEGINNING, and containing 2440 square feet or 0.0560 acres of land.

NOTE:

Basis of Bearings Shown Hereon Represents Texas State Plane Coordinate System, NAD 83.

Page 1 of3


EXHIBIT SHOWING

EXHIBIT A

20' PERMANENT WASTEWATER EASEMENT

Exhibit Showing a 2,440 Square Foot (O,0560Acre) Waste Water Easement To Be Acquired in The Harrison Blevins Survey Abstract No, 94 From The City of Dallas

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AUGUST 2012 ....................._ _..... ....iII.:.i_.lii PAGE20F3 ~~

REVISED JANUARY 2013

2006014

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EXHIBIT SHOWING

20' PERMANENT WASTEWATER EASEMENT Exhibit Showing a 2,440 Square Foot (0.0560Acre) Waste Water Easement To Be Acquired In The Harrison Blevins Survey Abstract No. 94 From The City of Dallas

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PAGE 3 OF3

AUGUST 2012

2006014


EXHIBIT B Field Notes Describing a 7,917 Square Foot (O.1817Acre) Temporary Work Space Easement to install a Waste Water Pipeline To Be Acquired in the Harrison Blevins Survey Abstract No. 94 from The City of Dallas. BEING 7,917 square feet of land situated in the Harrison Blevins Survey, Abstract No. 94, City of Rowlett, Dallas County, Texas, and being part of that tract of land described as Tract BB-10A & Tract BB-7A in a Deed to the City of Dallas, dated March 15, 1967, as recorded in Volume 67060, Page 0593 of the Deed Records of Dallas County, Texas, and also being within the Lake Ray Hubbard Take Area as shown on Map 612 D-1, Page 151 of the City of Dallas Public Works and Transportation Survey Records Vault located at 320 E. Jefferson Boulevard, Dallas, Texas, Room 314 in the Oak Cliff Municipal Building, and being more particularly described as follows: COMMENCING at a City of Dallas 6 inch concrete monument with 3 inch aluminum cap stamped "BB-10-2" found for corner at the most Westerly corner of the above cited Tract BB-10A & Tract BB-7A, said point also being in the Easterly line of a called 60.907 acre tract of land described in a Deed to Flower Mound Properties, Inc., as recorded in Volume 2001024, Page 2306 of the Deed Records of Dallas County, Texas. THENCE South 27 degrees 52 minutes 50 seconds East along the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 207.75 feet to a 5/8 inch iron rod with orange cap stamped "USA INC." for corner and the POINT OF BEGINNING for the herein described easement; THENCE North 80 degrees 15 minutes 05 seconds East departing the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 149.55 feet to a 5/8 inch iron rod with orange cap stamped "USA INC." set for corner, THENCE South 25 degrees 28 minutes 56 seconds East for a distance of 72.72 feet to a 5/8 inch iron rod with orange cap stamped "USA INC," set for corner, THENCE South 80 degrees 15 minutes 05 seconds West for a distance of 146.35 feet to a 5/8 inch iron with orange cap stamped "USA INC" set for corner in the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907 acre tract; THENCE North 27 degrees 52 minutes 50 seconds West along the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 26.31 feet to a 5/8 inch iron rod with orange cap stamped "USA INC" set for corner; THENCE North 80 degrees 15 minutes 05 seconds East departing the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 121.52 feet to a 5/8 inch iron rod with orange cap stamped "USA INC" set for corner; NOTE: Basis of Bearings Shown Hereon Represents Texas State Plane Coordinate System, NAD'N'I""" '-'

Page 1 of4


EXHIBIT B Field Notes Describing a 7,917 Square Foot (O.1817Acre) Temporary Work Space Easement to install a Waste Water Pipeline To Be Acquired in the Harrison Blevins Survey Abstract No. 94 from the City of Dallas. THENCE North 25 degrees 28 minutes 56 seconds West for a distance of 20.78 feet to a 5/8 inch iron rod with orange cap stamped "USA INC" set for corner; THENCE South 80 degrees 15 minutes 05 seconds West for a distance of 122.43 feet to a 5/8 inch iron rod with orange cap stamped "USA INC" set for corner in the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907 acre tract, THENCE North 27 degrees 52 minutes 50 seconds West along the West line of said Tract BB-10A & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 26.31 feet to the POINT OF BEGINNING, and containing 7917 square feet or 0.1817 acres of land.

NOTE:

Basis of Bearings Shown Hereon Represents Texas State Plane Coordinate System, NAD 83.

Page 2 of4


EXHIBIT SHOWING

2S'TEMPORARYWORKSPACEEASEMENT

EX BIT B

Exhibit Showing a 7,917 Square Foot (O.1817Acre) Temporary Work Space Easement To Install A Waste Water Pipeline To Be Acquired In The Harrison Blevins Survey Abstract No. 94 From The City of Dallas I

CONC. MON. STAMPED

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....

PAGE 3 OF 4

; . ; . ; . ; ~

AUGUST 2009 REVISED JANUARY 2013

2006014

.....


EXHIBIT SHOWING

EXHI8IT

25' TEMPORARY WORK SPACE EASEMENT

Exhibit Showing a 7,917 Square Foot (O.1817Acre) Temporary Work Space Easement To Install A Waste Water Pipeline To Be Acquired In The Harrison Blevins Survey Abstract No. 94 From The City of Dallas

HARRISON BLEVINS SURVEY, ABSTRACT NO. 94

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AUGUST 2012

PAGE40F4 ~~~:tJ_....I~~~~~~~

2006014

-I


LOCATOR MAP

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EASEMENT AREA USA PROFESSIONAL SERVICES GROUP, INC. CIVIL ENGINEERS路 SURVEYORS - PLANNERS LANDSCAPE ARCHITECTS 1525 VICEROY DALLAS, TX 75235 (214) 634-3300 FAX (214) 634-3338


AGENDA ITEM # 49

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

Outside City Limits

DEPARTMENT:

Sustainable Development and Construction Water Utilities

CMO:

Ryan S. Evans, 670-3314 Forest E. Turner, 670-3390

MAPSCO:

20B-E

________________________________________________________________

SUBJECT A resolution authorizing the conveyance of a drainage easement with a temporary construction easement containing a total of approximately 37,571 square feet of land to the City of Rowlett for the construction and maintenance of storm water drainage facilities across City-owned land at Lake Ray Hubbard located near the intersection of McCleery and Dalrock Road - Financing: No cost consideration to the City BACKGROUND This item authorizes the conveyance of a drainage easement with a temporary construction easement across City-owned land at Lake Ray Hubbard to the City of Rowlett for the Waters Edge Project. The operation, construction, repair and full maintenance of these facilities shall be at no cost to the City of Dallas. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City MAPS Attached


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COUNCIL CHAMBER

February 27,2013 WHEREAS, the City of Dallas owns tracts of land which are used for Lake Ray Hubbard; and WHEREAS, the City of Rowlett has requested a drainage easement with a temporary construction easement on said land for the construction, maintenance and use of drainage facilities containing a total of approximately 37,571 square feet of land, located in Abstracts 94 and 10, Rockwall County , Texas ; and WHEREAS, the Interlocal Agreement and Lease between the City of Dallas and the City of Rowlett dated January 22, 2001 , contemplates the granting of easement rights; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That pursuant to the Interlocal Agreement and Lease, the City Manager is authorized to execute a drainage easement with a temporary construction easement to be attested by the City Secretary upon approval as to form by the City Attorney for a total of approximately 37,571 square feet of land, located in Abstracts 94 and 10, Rockwall County, Texas, to the City of Rowlett as GRANTEE. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

APPROVED AS TO FORM: THOMAS P. PERKINS, JR. CITY ATTORNEY

Assistant City Attorney


Field Notes Describing a 6,264 Square Foot (0.1438 Acre) Permanent Drainage Easement To Be Acquired in The Harrison Blevins Survey Abstracts No. 94 and 10 from the City of Dallas. BEING 6,264 square feet of land situated in the Harrison Blevins Survey, Abstract No. 94, City of Rowlett, Dallas County, Texas, and the Harrison Blevins Survey, Abstract No. 10, City of Rowlett, Rockwall County, Texas and being part of that tract of land described as Tract BB-10 & Tract BB-7A in a Deed to the City of Dallas dated March 15, 1967, as recorded in Volume 67060, Page 0593 of the Deed Records of Dallas County, Texas, and also being part of that tract of land described as Tract BB-7, in a Deed to the City of Dallas dated March 15, 1967, as recorded in Volume 67060, Page 0593 of the Deed Records of Dallas County, Texas, and also being within the Lake Ray Hubbard Take Area as shown on Map 612 0-1, Page 150 of the City of Dallas Public Works and Transportation Survey Records Vault located at 320 E. Jefferson Boulevard, Dallas, Texas, Room 314 in the Oak Cliff Municipal Building, and being more particularly described as follows: COMMENCING at a City of Dallas 6 inch concrete monument with 3" aluminum cap stamped "City of Dallas BB-8-1" found for corner at the Northwest corner of above cited Tract BB-10 & Tract BB-7A, said point also being in the East line of a called 60.907 acre tract of land described in a Deed to Flower Mound Properties, Inc., as recorded in Volume 2001024, Page 2306 of the Deed Records of Dallas County, Texas; THENCE South 03 degrees 30 minutes 37 seconds East along the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 68.86 feet to a 5/8" iron rod with orange cap stamped "USA INC" set for corner and the POINT OF BEGINNING for the herein described easement; THENCE North 86 degrees 29 minutes 09 seconds East departing the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract for a distance of 180.57 feet to a 5/8" iron rod with orange cap stamped "USA INC." set for a reference point and continuing North 86 degrees 29 minutes 09 seconds East for a distance of 70.00 to a point for corner (in lake, unable to set). THENCE South 03 degrees 30 minutes 51 seconds East for a distance of 25.00 feet to a point for corner (in lake, unable to set). THENCE South 86 degrees 29 minutes 09 seconds West for a distance of 70.00 feet feet to a 5/8" iron rod with orange cap stamped "USA INC." set for a reference point and continuing South 86 degrees 29 minutes 09 seconds West for a distance of 180.57 to a 5/8 inch iron rod with orange cap stamped "USA INC." and being on the East line of said 60.907 acre tract and the West line of said Tract BB-10 & Tract BB-7A; THENCE North 03 degrees 30 minutes 37 seconds West along the East line of said 60.907 acre tract and the West line of said Tract BB-10 & Tract BB-7A, for a distance of 25.00 feet to the POINT OF BEGINNING, and containing 6,264 square feet, or 0.1438 Acres of land. NOTE:

Basis of Bearings Shown Hereon Represents Texas State Plane Coordinate System, N

Page 1 of3


EXHIBIT SHOWING

25' PERMANENT DRAINAGE EASEMENT Exhibit Showing a 6,264 Square Foot (0.1438 Acre) Permanent Drainage Pipeline Easement To Be Acquired In The Harrison Blevins Survey Abstracts No" 94 And 10 From The City of Dallas

FND.CONC.MON. STAMPED "88-9-1·

GRAPHIC SCALE o

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( IN FEET ) 1 inch = 200 fL

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WA ERLINEOF LAKERAY HUBBARD

FND.CONC. MON.STAMPED "8B-8-11B8-7-3" (CoM.)

LAKE RAY HUBBARD

TAKE AREABOUNDARY LINE PER MAP612 o-i. PAGE150 CITY OF DAlLAS PUBUCWORKS AND TRANSPORTATION SURVEY RECORDS VAULT

25' PERMANENT DRAINAGE EASEMENT 6,264 SQ. FT. (SEE PAGE 3) TRACTB8-7 CITY OF DAllAS VOl. 67060,PG.0593 D.R.D.C.T.

CALlED 60.907ACRES FLOWER MOUNDPROPERTIES. INC. VOL. 2001024,PG.2306 D.R.D.C.T.

LAKE RAY HUBBARD

FND.CONC.MON. STAMPED "88-7·2" (CoM.)

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0 = IRS (IRONROD SET - WITH CAP STAMPED·USA INC." X= POINTFOR CORNER (IN LAKE. UNABLETO SET) D.R.D.C.T.= DEEDRECORDS DALLASCOUNTY, TEXAS M.R.D.C.T.= MAP RECORDS DALLASCOUNTY, TEXAS ( ) = DEEDBEARING AND DISTANCE C.M.=CONTROLLING MONUMENT

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CIVILENGINEERS - SURVEYORS·PLANNERS LANDSCAPE ARCHITECTS 1525 VICEROY DALLAS, TX 75235 (214) 634-3300 FAX (214) 634-3338

" 1. BASISOF BEARINGS SHOWNHEREONREPRESENTS TEXASSTATE PLANE COORDINATE SYSTEM.NAD-83.

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USA PROFESSIONAL SERVICES GROUP, INC"

PAGE20F3

AUGUST 2012 REVISED JANUARY 2013

2006014


EXHIBIT SHOWING

25" PERMANENT DRAINAGE EASEMENT Exhibit Showing a 6,264 Square Foot (0.1438 Acre) Permanent Drainage Pipeline Easement To Be Acquired In The Harrison Blevins Survey Abstracts No. 94 And 10 From The City of Dallas

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CALLED 5.77 ACRES CITY OF DALLAS VOL. 855, PG. 0766 D.R.D.C.T.

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TRACTBB-7 CITY OF DALLAS VOL. 67060, PG.0593 D.R.D.C.T.

LEGEND

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1. BASIS OF BEARINGS SHOWNHEREONREPRESENTS TEXASSTATE PLANE COORDINATE SYSTEM, NAD-83.

2006014

PAGE30F3


EXHIBIT B

Field Notes Describing a 31,307 Square Foot (0.7187 Acre) Temporary Work Space Easement to install a Drainage Pipeline To Be Acquired in the Harrison Blevins Survey Abstracts No. 94 and 10 from The City of Dallas.

BEING 31307 square feet of land situated in the Harrison Blevins Survey, Abstract No. 94, City of Rowlett, Dallas County, Texas, and the Harrison Blevins Survey, Abstract No. 10, City of Rowlett, Rockwall County, Texas and being part of that tract of land described as Tract BB-10 & Tract BB-7A in a Deed to the City of Dallas dated March 15, 1967, as recorded in Volume 67060, Page 0593 of the Deed Records of Dallas County, Texas, and also being part of that tract of land described as Tract BB-7, in a Deed to the City of Dallas dated March 15, 1967, as recorded in Volume 67060, Page 0593 of the Deed Records of Dallas County, Texas, and also being within the Lake Ray Hubbard Take Area as shown on Map 612 0-1, Page 150 of the City of Dallas Public Works and Transportation Survey Records Vault located at 320 E. Jefferson Boulevard, Dallas, Texas, Room 314 in the Oak Cliff Municipal Building, and being more particularly described as follows: COMMENCING at a City of Dallas 4 inch concrete monument with 3 inch brass cap stamped "BB-8-1 / BB 7-3" found for corner at the Northwest corner of above cited Tract BB-10 & Tract BB-7A, said point also being in the East line of a called 60.907 acre tract of land described in a Deed to Flower Mound Properties, Inc., as recorded in Volume 2001024, Page 2306 of the Deed Records of Dallas County, Texas; THENCE South 03 degrees 30 minutes 37 seconds East along the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 18.86 feet to a 5/8 inch iron rod with orange cap stamped "USA INC" set for corner and the POINT OF BEGINNING; THENCE North 86 degrees 29 minutes 09 seconds East departing the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 180.56 feet to a 5/8 inch iron rod with orange cap stamped "USA INC." set for a reference point and continuing North 86 degrees 29 minutes 09 seconds for a distance of 120.00 feet to a point for corner (in lake, unable to set). THENCE South 03 degrees 30 minutes 51 seconds East for a distance of 125.00 feet to a point for corner (in lake, unable to set). THENCE South 86 degrees 29 minutes 09 seconds West for a distance of 120.00 feet to a 5/8 inch iron rod with orange cap stamped "USA INC." set for a reference point and continuing South 86 degrees 29 minutes 09 seconds West a distance of 180.57 feet 5/8 inch iron rod with orange cap stamped "USA INC." set for corner and being on the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract;

NOTE: Basis of Bearings Shown Hereon Represents Texas State Plane Coordinate System, NAD 83.

Page 10f4


EXHIBIT B Field Notes Describing a 31,307 Square Foot (0.7187 Acre) Temporary Work Space Easement to install a Drainage Pipeline To Be Acquired in the Harrison Blevins Survey Abstracts No. 94 and 10 from The City of Dallas. THENCE North 03 degrees 30 minutes 37 seconds West along the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 50.00 feet to a 5/8 inch" iron rod with orange cap stamped "USA INC." set for corner. THENCE North 86 degrees 29 minutes 09 seconds East departing the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 180.57 feet to a 5/8 inch iron rod with orange cap stamped "USA INC." set for a reference point and continuing North 86 degrees 29 minutes 09 seconds West for a distance of 70.00 to a point for corner. THENCE North 03 degrees 30 minutes 51 seconds West for a distance of 25.00 feet to a point set for corner; THENCE South 86 degrees 29 minutes 09 seconds West for a distance of 70.00 feet to a 5/8" iron rod with orange cap stamped "USA INC." set for a reference point and continuing South 86 degrees 29 minutes 09 seconds West for a distance of 180.57 feet to 5/8 inch iron rod with orange cap stamped "USA INC." set corner, said point being in the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract, THENCE North 03 degrees 30 minutes 37 seconds West along the West line of said Tract BB-10 & Tract BB-7A and the East line of said 60.907 acre tract, for a distance of 50.00 feet to the POINT OF BEGINNING, and containing 31,307 square feet, or 0.7181 acres ofland. NOTE:

Basis of Bearings Shown Hereon Represents Texas State Plane Coordinate System, NAD 83.

Page 2of4


EXHIBIT SHOWING

50' TEMPORARY WORK SPACE EASEMENT exhibit Showing a 31,307 Square Foot (0.7187 Acre) Temporary Work Space Easement To Install A Drainage Pipeline To Be Acquired In The Harrison Blevins Survey Abstracts No. 94 And 10 From The City of Dallas WATERLINEOF LAKE RAYHUBBARD

CONC.MON.STAMPED 'B8-9-1' FOUND

FND.CONC. MON.STAMPED 'B8-8-1188-7-3' (C.M.) I

S3°30'37"E 18.86'

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31,307 SQ. FT. (SEE PAGE 4) TRACTB8-7 CITY OF DAUAS VOL. 67060.PG.0593 D.R.D.C.T.

CALLED60.907ACRES FLOWERMOUNDPROPERTIES. INC. VOL 2001024. PG.2306 D.R.D.C.T.

LAKE RAY HUBBARD

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USA PROFESSIONAL SERVICES GROUP, INC. CIVILENGINEERS - SURVEYORS· PLANNERS LANDSCAPE ARCHITECTS 1525 VICEROY DALLAS, TX 75235 (214) 634-3300 FAX (214) 634-3338

NOTES: 1. BASISOF BEARINGS SHOWNHEREONREPRESENTS TEXASSTATE

2 PLANE COORDINATE SYSTEM. NAD-83.

1.. . . .

5•

PAGE 3 OF4

AUGUST 2012 iiiIIIiiIiiiiiiiiii.....iiiiiIiII REV SED JANUARY 2013

...........

2006014

--'


EXHIBIT SHOWING

50' TEMPORARY WORK SPACE EASEMENT exhibit Showing a 31,307 Square Foot (0.7187 Acre) Temporary Work Space Easement To Install A Drainage Pipeline To Be Acquired In The Harrison Blevins Survey Abstracts No. 94 And 10 From The City of Dallas

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AUGUST 2012 REVISED JANUARY 2013

2006014

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AGENDA ITEM # 50

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

1

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

53R

________________________________________________________________

SUBJECT An ordinance abandoning a portion of an alley to Kojo Plaza, L.L.C., the abutting owner, containing approximately 1,467 square feet of land, located near the intersection of Hampton and Mountain Lake Roads, authorizing the quitclaim and providing for the dedication of approximately 1,875 square feet of land needed for right-of-way Revenue: $5,400, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of an alley to Kojo Plaza, L.L.C., the abutting owner. The area will be included with the property of the abutting owner for a convenience store and gas station. The owner will dedicate approximately 1,875 square feet of land needed for right-of-way. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required. The abandonment fee is based on Dallas Central Appraisal District values. Notices were sent to 23 property owners located within 300 feet of the proposed abandonment area. There were 3 responses received in opposition to this request. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $5,400, plus the $20 ordinance publication fee


OWNER Kojo Plaza, L.L.C. Hye Ran Johnson, President MAPS Attached

Agenda Date 02/27/2013 - page 2


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ORDINANCE NO. _____________ An ordinance providing for the abandonment of a portion of an alley located adjacent to City Block 3/4756 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Kojo Plaza, L.L.C.; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; providing for the conveyance of needed land to the City of Dallas; 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; providing a future effective date for this abandonment; 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 Kojo Plaza, L.L.C, a Texas limited liability company, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portion of alley is not needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning 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 tract of land described in Exhibit A, which is attached hereto and made a part hereof for all purposes, be and the same is abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the conditions and future effective date hereinafter more fully set out.

DS/38488

3


SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($5,400.00) paid by GRANTEE, and the further consideration described in Sections 8, 9 and 10, 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 of its right, title and interest in and to the certain tract 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, future effective date 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 ConstructionReal Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 8416. SECTION 5. That the abandonment 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, and are further subject to the conditions contained in Exhibit B, which is attached hereto and made a part hereof for all purposes.

DS/38488

4


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 and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate. SECTION 8.

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

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

GRANTEE, its

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

substances”

under

the

Comprehensive

Environmental

Response,

Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the

DS/38488

5


Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any â&#x20AC;&#x153;chemical substanceâ&#x20AC;? 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. SECTION 9.

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

consideration for the quitclaim made herein, GRANTEE shall record a final replat of the adjoining properties within one year of the effective date of this ordinance showing the fee simple dedication of not less than 1,875 square feet of needed right-of-way in City Block 3/4756.

This final replat shall be recorded by GRANTEE in the official real

property records of the county in which the abandoned area and the dedicated property are located, after its approval by the City Plan Commission of the City of Dallas. This abandonment shall not be effective unless and until this dedication is completed and failure to record a final replat in accordance with the term of this section shall render this ordinance null and void and of no further effect.

Further, the final replat shall be

recorded in the official real property records of the county in which the abandoned area is located before a certified copy of this ordinance shall be delivered to GRANTEE. SECTION 10.

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

consideration for the quitclaim made herein, GRANTEE shall, immediately upon the effectiveness of this abandonment, close, barricade and/or place signs in the area described in Exhibit A in accordance with detailed plans approved by the Director of Department of Sustainable Development and Construction. GRANTEE's responsibility for keeping the area described in Exhibit A closed, barricaded and/or the signs in place shall continue until the street improvements and intersection returns are removed by GRANTEE, its successors and assigns, to the satisfaction of the Director of Department of Sustainable Development and Construction.

DS/38488

6


SECTION 11. That the City Secretary is hereby authorized and directed to certify a

copy of this ordinance for recordation in the official real property records of the county in which the abandonment area is located, 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, and completion of the dedication set forth

in Section 9, the Director of Department of Sustainable

Development and Construction, or designee: (i) shall deliver to GRANTEE a certified copy of this ordinance, and (ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to the area abandoned herein, to GRANTEE hereunder,

same to be executed by the City Manager on behalf of the City of Dallas, attested by the City Secretary and approved as to form by the City Attorney.

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. SECTION 12.

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

Passed

OS/38488

THERESA O'DONNELL Director of Department of Sustainable Development and Construction

_

5


EXH

A

BEING a 1,467 square feet tract ofland situated in the John Cole Abstract No. 253, being part of a alley, adjacent to Lots 3 and 22, Block 3/4756, Elmwood Addition 4 (formerly know as Avalon Heights Addition, name change Volume 2131, 292, Deed Records, Dallas an addition to the City of according to the plat thereof recorded in Volume 4, Map Dallas County, created by said Elmwood Addition NO.4 and being more particularly described as follows: BEGINNING at a 60d at the intersection ROW) line ofHampton Road with the South Lot 2, Block North 00 degrees a distance of 20.00 with 3/4756;

(ROW) (a variable Northwest corner said

KUmt路路ot路路W,lV

miI1Ut(~S 10 ROW line of Hampton to a 60d nail found at intersection of said East ROW line of 20' alley, the Southwest corner of said Lot Block

THENCE: North 89 degrees 23 ROW line of Hampton Road and along the North alley and the said Lot 22, Block a distance of73.30 feet to a 3-inch aluminum disk set stamped "Wilbur Avalon Addn 2509" for corner; departing the North line of said 20' alley to a 3-inch aluminum disk set stamped and being the Northeast corner of said Elmwood Addition

Northwest corner

November Revised: January 31,

BASIS OF BEARING: State Plane Coordinate System, North Central North American Datum of 1983.

R 1

2


LEGEND

20' ALLEY ABANDONMENT

CM FIR SIR ADDN VOL PG.

ELMWOOD ADDITION NO. 4 BLOCK 3/4756

FD INST. NO. ROW MROCT OPRDCT DRDCT

WILBUR 50'

CONTROL MONUMENTS FOUND IRON ROD SET IRON ROD ADDmON VOLUME PAGE FOUND INSTRUMENT NUMBER RIGHT-OF WAY ~RECORDS,

DALLAS COUNlY.

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LOT 19

LOT 16

LOT 18

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73.30' NAlLFD

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U INUM DISK SET STAMPED WILBUR /fALON ADDN, 2509

20 AlLEY

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LANE'S SOUTHWEST SURVEYING INC" 2717 MOTlEY DR. SUITE B MESQUITE, TEXAS 75150 PH 972-881-4442 EMAIL JLTLKH@EARTHLlNK.NET W05025-E

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BASIS OF BEARING: TEXAS STATE PLANE COORDINATE SYSTEM, NORTH TEXAS ZONE, NORTH AMERICAN DATUM OF 1983.

SCALE 1" = o

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DATE: NOVEMBER 30, 2012

REVISED JAN.

50'

10 20

50

100

I I

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31, 2013

PAGE 2 OF 2


EXHIBIT B ADDITIONAL ABANDONMENT PROVISIONS That as a condition hereof, this abandonment is subject to any utilities or communication facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, ("Facilities") presently located within the abandoned area described in Exhibit "A", owned and/or operated by the City of Dallas or any utility or communications company, public or private, ("Utility") and to the rights of any Utility for the use of the abandoned area for its Facilities. It is the intent of the foregoing to confirm and maintain and there is hereby reserved and excepted unto the City of Dallas, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through, in, and across the abandoned area for each Utility for its respective Facilities located therein at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within the abandoned area without written consent of each affected Utility.

Each Utility shall have the full right to remove and keep

removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area.

The relocation, removal or adjustment of any or all such Facilities, if made

necessary by GRANTEE'S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE'S successors and assigns.

Should GRANTEE'S relocation or removal of the Facilities require the obtaining of new

easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE'S successors and assigns. If any of the Facilities (or relocations thereof) are allowed to remain on any part of the abandoned area, the easements and buildings restrictions provided herein shall remain thereon. Upon removal or relocation of all of the Facilities, any easements reserved or created herein relating to such removed or relocated Facilities shall terminate, and any building restrictions herein created shall cease.

ABAN.EXB (revised 11/9/00)


AGENDA ITEM # 51

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

37W X

________________________________________________________________

SUBJECT An ordinance abandoning portions of two drainage easements and a sanitary sewer easement to CADG Shady Side, LLC, the abutting owner, containing a total of approximately 6,347 square feet of land, located near the intersection of Shadyside Lane and Grand Avenue - Revenue: $5,400, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of portions of two drainage easements and a sanitary sewer easement to CADG Shady Side, LLC, the abutting owner. The area will be included with the property of the abutting owner for the development of single family homes. 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 CADG Shady Side, LLC CADG Holdings, LLC MMM Ventures, LLC 2M Ventures, LLC Mehrdad Moayedi, Manager MAPS Attached

Agenda Date 02/27/2013 - page 2


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Tract 3-Sanitary Sewer Easement

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ORDINANCE NO. ____________ An ordinance providing for the abandonment and relinquishment of portions of two drainage easements and a portion of a sanitary sewer easement, located in City Blocks 1/2703 and 2/2703 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to CADG Shady Side, 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 abandonments 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 CADG Shady Side, LLC, a Texas 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 drainage and sanitary sewer 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 hereinafter more fully set out.

DS/38524

3


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 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 those certain tracts or parcels of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4.

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

GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 8416. SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 7. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon, relinquish and quitclaim.

DS/38524

4


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 the City of Dallas whole and harmless against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the areas set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting

the areas described in Exhibit A, which GRANTEE, its

successors and

assigns agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the areas set out in Exhibit A. GRANTEE, its successors and assigns hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous

substances”

under

the

Comprehensive,

Environmental

Response,

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

DS/38524

5


SECTION 17.

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

THERESA O'DONNELL Director of Department of Sustainable Devel pment and Construction

BY~ Passed

GMI137860

_

6


XHIBIT A-TRACT 1 DRAINAGE EASEMENT ABANDONMENT SHADYWOOD TERRACE ADDITION Part of Block 1/2703

BEING a 867 square foot tract of land situated 1094, City of Dallas, Dallas County, Texas, the 1/2703, Shadywood Terrace, on addition to the thereof recorded in Volume 25, Page 251, Map

in the A.T. Nanny .Survey, Abstract No. subject tract being a port of Block City of Dallas according to the plot Records, Dallas County, Texas (MRDCT), being port of the land conveyed as Tract 1 to CADG Shady Side, LLC, by Special Warranty Deed with Vendor's Lien, recorded in Instrument Number 201200202441, Official Public Records, Dallas County, Texas (OPRDCT), the subject tract being a 6 foot wide drainage easement created by said Shadywood Terrace addition, and being more particularly described as follows; COMMENCING at a 1/2" iron rod found on the northeast line of Shadyside Lone (0 50 foot public right-of-way) and on the southwest line of said Block 1/2703 and said Tract 1; THENCE N 40"40'17" W, 95.90 feet (0 chord bearing and distance) along the northeast line of Shadyside Lone, and on southwest line of said Block 1/2703 and said Tract 1, to the POINT OF BEGINNING, from which a 1/2" iron rod found bears S 60'23'30" E, a distance of 411.98 feet for the northwest corner of "Future Shopping Area", port of Block 1/2703, Shadywood Terrace addition; THENCE along the common line between Shadyside Lone and said Block 1/2703 and said Tract 1, around a curve to the left having a central angle of 00'19' 19", a radius of 1068.03 feet, a chord bearing of N 43'24'20" W, a chord distance of 6.00 feet, on arc length of 6.00 feet to a point for corner; THENCE N 46'44'20" E, 144.53 feet departing said line, over and across said Block 1/2703 and said Tract 1, to a point for corner, being on the northeast line of said Block 1/2703 and said Tract 1, and being on the southwest line of that certain tract described in deed to Dallas Area Rapid Transit (being a 100 foot wide right-of-way), recorded in Volume 88083, Page 4905, Deed Records, Dallas County, Texas (DRDCT); THENCE S 41"52'30" E, 6.00 feet along the northeast line of said Block 1/2703 and said Tract 1, and along the southwest line of said Dallas Area Rapid Transit tract, to a point for corner; THENCE S 46'44'20" W, 144.37 feet departing said line, over and across said Block 1/2703 and said Tract 1, to the PLACE OF BEGINNING, containing 867 square feet or 0.020 acres of land, more or less.

SHEET 1 OF 2 NOTES: 1.

2.

(For ~use only)

Basis of bearing, horizontal and vertical position derived from the Texas WDS RTK Network-Texas state Plane Coordinate System, NAD83, North Central Zone (4202).

Reviewed By:

A parcel plat map of even date hereby accompanies this legal description.

SPRG No:

P

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Date:

1/,/9. W/1.-r 2486

s

EN"GIN"EER-IN"G

Job No.

ED Drowing: G:\2012 JOBS\12-002 Shadyside Lcne\ADMiN

DARREN K. BROWN, R.P.L.S. 5252

12-002 SURVEY\DWG\12-0Cl2 Easement Abandonment [xhibiLdwg Scv!:1d By; [doris

Save Time: 10/30/2012

3:14.-42 PM

Fielled by: edcvis

D:le: 11/13/2012 L18 PM


DRAINAGE EASEMENT ABANDONMENT SHADYWOOD TERRACE ADDITION Part of Block 1/2703

20

40

EXHIBIT A-TRACT 1

80

i

I

I

1 inch = 40 ft. Part of Block 1/2703 SHADYWOOD TERRACE Vol. 25, Pg. 251 MRDCT (Tract 1 - CADG Shady Side, LLC Inst. No. 201200202441 OPRDCT)

DRAINAGE EASEMENT ABANDONMENT 867 Sq. Ft. (0.020 Ac.)

A.T. NANNY SURVEY ABSTRACT NO.1094

R=1068.03' CA=00019'19" 1-=6.00' C6=N 43~4'20" W CD=6.00'

Part of Block 1/2703 SHADYWOOD TERRACE Vol. 25, Pg. 251 MRDCT (Tract 1 - CADG Shady Side, LLC Inst. No. 201200202441 OPRDCT)

1/2" IRF (CM)

'Future Shopping Area' Part of Block 1/2703 SHADYWOOO TERRACE Vol. 25, Pg. 251 /,fROCT (Tract 5 - CAOG Shady Side, LLC Ins/. No. 201200202441 OPROCT)

POINT OF COMMENCING NOTES:

OPRDCT DRDCT

MRDCT

1.

Basis of bearing, horizontal and vertical position derived from the Texas WDS RTK Network-Texas State Plane Coordinate System, NAD83, North Central Zone (4202).

2.

A legal description of even dote accompanies this parcel plot mop.

SHEET 2 OF 2

Inst No.

Vol.

(For SPRG use only)

Pg.

Reviewed By:

S.F. 1/2' IRF

Dote:

(GM) R.O.W.

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Job No.

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Saved BY' fdavis Sa-ve Time: 10/30/2012

3:14:42 PM

Plo/led by: cdovis Plot Date: ! 1/13/2012 Ll8 PM

hereby


...DRAINAGE EASEMENT ABANDONMENT SHADYWOOD TERRACE ADDITION Part of Block 1/2703

XHIBIT A -TRACT :l

BEING a 765 square foot tract of land situated in the A.T. Nanny Survey, Abstract No. 1094, City of Dallas, Dallas County, Texas, the subject tract being a portion of a tract of land described as "Future Shopping Area", Block 1/2703, and part of the remaining portion of Block 1/2703, Shadywood Terrace, an addition to the City of Dallas according to the plat thereof recorded in Volume 25, Page 251, Map Records, Dallas County, Texas (MRDCT), the "Future Shopping Area" portion being conveyed as Tract 5 to CADG Shady Side, LLC, by Special Warranty Deed with Vendor's Lien, recorded in Instrument Number 201200202441, Official Public Records, Dallas County, Texas (OPRDCT), and the remaining portion of Block 1/2703 being conveyed as Tract 1 in the aforementioned Special Warranty Deed with Vendor's Lien, the subject tract being a 6 foot wide drainage easement created by said Shadywood Terrace addition, and being more particularly described as follows; COMMENCING at a 1/2" iron rod found for the west end of a circular corner clip at the intersection of the northeast line of Shadyside Lane (a 50 foot public right-of-way) with the west line of East Grand Avenue (0 variable width public right-of-way) and being the westerly south corner of said "Future Shopping Area", Block 1/2703, and said Tract 5; THENCE N 45'04'13" W, 139.57 feet along the northeast line of Shadyside Lane and the southwest line of said "Future Shopping Area", Block 1/2703, and said Tract 5, to a point for the POINT OF BEGINNING; THENCE N 45'04'13" W, along the northeast line of Shadyside Lane and the southwest line of said "Future Shopping Area", Block 1/2703, and said Tract 5, passing at 3.00 feet a 1/2" iron rod found for the west corner of said "Future Shopping Area" and said Tract 5, and being the south corner of said Tract 1, continuing a total distance of 6.00 feet to a point for corner, being on the northeast line of Shadyside Lane and the southwest line of said Tract 1; THENCE N 45'00'00" E, 127.82 feet departing said line, over and across said Tract 1, to a point for corner, being on the northeast line of Block 1/2703 and said Tract 1, and being on the southwest line of that certain tract described in deed to Dallas Area Rapid Transit (being a 100 foot wide right-of-way), recorded in Volume 88083, Page 4905, Deed Records, Dallas County, Texas (DRDCT); THENCE S 39'11'00" E, along the northeast line of Block 1/2703 and said Tract 1, and the southwest line of said Dallas Area Rapid Transit tract, passing at 3.02 feet a 1/2" iron rod found for the east corner of said Tract 1 and for the north corner of said "Future Shopping Area" and said Tract 5, continuing a total distance of 6.03 feet to a point for corner, being on the southwest line of said Dallas Area Rapid Transit tract and the northeast line of said "Future Shopping Area" and said Tract 5; THENCE S 45'00'00" W, 127.21 feet departing said line, over and across said Tract 5, to the PLACE OF BEGINNING, containing 765 square feet or 0.018 acres of land, more or less. SHEET 1 OF 2 NOTES: 1.

2.

Basis of bearing, horizontal and vertical position derived from the Texas WDS RTK Network-Texas State Plane Coordinate System, NAD83, North Central Zone (4202). A parcel plat mop of even dote hereby accompanies this legal description.

P

I

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(For SPRG use only) Reviewed By: Dote:

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SPRG No:

2487

s

ENGINEER.ING

Job No.

ED Drawing: G:\2012 J085\12-002 Shadystde Lcne\ADMiN

12-002

A.T, NANNY SURVEY, A-I094 CITY OF DALLAS DALLAS COUNTY, TEXAS

SUf?VfY\DWG\12-002 Easement Abandonment [xhibiLdwg Saved By.' [davis Save Time: 10/30/2D12

3:/4:42 PM

DARREN K. BROWN, R.P.L.S. 5252

Plolted by:

edav.~

PIa! Date: 11/13/2012 T:l7 PM


DRAINAGE EASEMENT ABANDONMENT SHADYWOOD TERRACE ADDITION Part of Block 1/2703

XHIBIT A-TRACT 2

Part of Block 1/2703 SHADYWOOD TERRACE Vol. 25, Pg. 251 MRDCT (Tract 1 - CADG Shady Side, LLC Inst. No. 201200202441 OPRDCT)

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DRAINAGE EASEMENT ABANDONMENT

765 S.F. (0.018 Ac.) "Future Shopping Area" Part of Block 1/2703 SHADYWOOD TERRACE Vol. 25, Pg. 251 MRDCT (Tract 5 - CADG Shady Side, liC Inst. No. 201200202441 OPRDCT)

A.T. NANNY SURVEY ABSTRACT NO.1094

POINT OF COMMENCING

Lot 9, Block 2702 LAKEWOOD PLAZA Vol. 84021, Pg. 5414 DRDCT (Tract 2 - CADG Shady Side, LLC Inst. No. 201200202441 OPRDCT)

1.

OPRDeT ORDeT MRDeT

Basis of bearing. horizontal ond vertica position derived from the Texas WDS R Netwark- Texas State Plane Coordinat System. NAD83. North Central Zon

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DARREN K. BROWN, R.P.L.S. 5252

12-002 SURliEY\DWG\12-002 Easement Abandonment [xfJibiLdwg

Soved By; [davis

Save Time: 10/JO/2012

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EXHIBIT

SANITARY SEWER EASEMENT ABANDONMENT A-TRACT 3 SHADYWOOD TERRACE ADDITION Part of Block 2/2703

BEING a 4,715 square foot tract of land situated in the A.T. Nanny Survey, Abstract No. 1094, City of Dallas, Dallas County, Texas, the subject tract being a part of Block 2/2703, Shadywood Terrace, an addition to the City of Dallas according to the plat thereof recorded in Volume 25, Page 251, Map Records, Dallas County, Texas (MRDCT), a part thereof being conveyed as Tract 3 to CADG Shady Side, LLC, by Special Warranty Deed with Vendor's Lien, recorded in Instrument Number 201200202441, Official Public Records, Dallas County, Texas (OPRDCT), and a part thereof being conveyed as Tract 4 to CADG Shady Side, LLC, by the aforementioned Special Warranty Deed with Vendor's Lien, the subject tract being a 15 foot wide sanitary sewer easement as shown on the Shadywood Terrace addition, and created and conveyed to the City of Dallas, as recorded in Volume 3533, Page 384, Deed Records, Dallas County, Texas (DRDCT), and being more particularly described as follows; COMMENCING at a 1/2" iron rod found at the intersection of the southwest line of Shadyside Lane (a 50 foot public right-of-way) with the northwest line of Vivian Avenue (a 48 foot public right-of-way), for the east corner of Block 2/2703 and said Tract 4; THENCE N 44'16'28" W, 43.84 feet (a chord bearing and distance) to a point for corner on the southwest line of said Shadyside Lane and the northeast line of said Block 2/2703 and said Tract 4, for the POINT OF BEGINNING; THENCE N 45'09'05" W, departing said line, over and across said Tract 4, passing at 232.21 feet the common line between said Tracts 4 and 3, continuing over and across said Tract 3, a total distance of 468.38 feet to a point for corner on the southwest line of said Shadyside Lane and the northwest line of said Block 2/2703; THENCE S 56'05'53" E, 2.38 feet along the common line thereof, to a point for corner; THENCE continuing along the common line thereof, around a tangent curve to the right having a central angle of 05'52'54", a radius of 1018.03 feet, a chord bearing of S 53'09'26" E, a chord distance of 104.46 feet, an arc length of 104.51 feet, to a point for corner; THENCE S 45'09'05" E, over and across said Tract 3, passing at 130.69 feet the common line between said Tracts 3 and 4, continuing over and across said Tract 4, a total distance of 179.75 feet to a point for corner on the southwest line of said Shadyside Lane and the northeast line of said Block 2/2703; THENCE continuing along the common line thereof, around a non-tangent curve to the right having a central angle of 01'59'19", a radius of 1018.03 feet, a chord bearing of S 39'05'32" E, a chord distance of 35.33 feet, an arc length of 35.33 feet to a 1/2" iron rod found; THENCE continuing along the common line thereof, around a reverse curve to the left, having a central angle of 05'22'50", a radius of 1578.15 feet, a chord bearing of S 40'47'18" E, a chord distance of 148.15 feet, an arc length of 148.20 feet to the PLACE OF BEGINNING, containing 4,715 square feet or 0.108 acres of land, more or less.

SHEET 1 OF 2 NOTES: 1.

2.

(For ~use only)

Basis of bearing, horizontal and vertical position derived from the Texas WDS RTK Network-Texas State Plane Coordinate System, NADB3, North Central Zone (4202).

Reviewed By:

A parcel plat map of even date hereby accompanies this legal description.

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EN"GIN"EER.IN"G

Job No.

ED Drawing: G:\2012 J085\12-路oo2 Shadyside Lcne\ADMiN

12-002 SURVEY\DWG\12-002 拢a~ement Abandonment ExhiMdwg Saved By: [davis Save Time.' 10/30/2012

J'i4:42 PM

FloUea by: &davis Plo! Dale: 11/13/2012

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5 56°05'5311 E 2.38'

SANITARY SEWER EASEMENT ABANDONMENT SHADYWOOD TERRACE ADDITION A CT 3 Part of Block 2/2703

XHIBIT A-

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30

60

120

i I !--~~!--~~ 1 inch = 60 ft.

545°09'0511 E

179.75' Part of Block 1/2703 SHADYWOOD TERRACE Vol. 25, Pg. 251 MRDCT (Tract 1 - CADG Shady Side, LLC Inst. No. 201200202441 OPRDCT) Part of Block 2/2703 SHADYWOOD TERRACE Vol. 25, Pg. 251 MRDCT (Tract 3 - CADG Shady Side LLC Inst. No. 201200202441 OPRDCT)

N 45°09'0511 W

SANITARY SEWER EASEMENT ABANDONMENT

468.38'

4,715 S.F. (0.108 Ac.)

Boundary Curve Table Curve#

Length

Radius

Central Angle

Chord Bearing

Chord Dis/.

Cl

104.51'

1018.03'

05'52'54"

S 53'09'26" E

104.46'

C2

35.33'

1018.03'

01'59'19"

S 39'05'32" E

35.33'

C3

148.20'

1578.15'

05'22'50"

S 40'47'18" E

148.15'

N 44'16'28" W 43.84' (Chord bearing & distance)

NOTES: 1.

2.

Basis af bearing, horizontal and vertical position derived from the Texa WDS RTK Network-Texas State Plane Coordinate System, NAD63, North Central Zone (4202).

1/2' IRF

(CAl)

A legal description of even date hereby accompanies this parcel plat ma .

SHEET 2 OF 2 (For SPRG use only) Reviewed By: Date:

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12-002 SURV£Y\DWG\12-002 Easement AbcndrHlment [xhibitdwg Soved By: [davis Seve Time: 10/JO/2012

3:14:42 PM

Plclled by:

Fiat Dote: 11/13/2012 /;/8 PM


AGENDA ITEM # 52

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

7

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

56 J

________________________________________________________________

SUBJECT Authorize a contract for the construction of process improvements at the Central Wastewater Treatment Plant - Cardinal Contractors, Inc., lowest responsible bidder of three - Not to exceed $6,454,200 - Financing: Water Utilities Capital Improvement Funds BACKGROUND This item consists of various process improvements at the Central Wastewater Treatment Plant to address regulatory, operational, and maintenance issues. Included are upgrades to the chlorine and sulfur dioxide scrubber systems, installation of backflow preventers at multiple buildings, and construction of new fire hydrants to meet regulatory requirement and improve worker safety. Also included are the installation of several sluice gates, actuators, and air piping to improve process efficiency and reliability. This item also includes rehabilitation of the potable water tank, replacement of potable and non-potable water lines, and rehabilitation of four trickling filters, all of which have exceeded their useful service life. These targeted improvements will increase operational and maintenance efficiency at the plant. Cardinal Contractors, Inc. contractual activities in the past three years:

Projects Authorized Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company

PBW

DWU

PKR

0 0 0 0

1 0 0 0

0 0 0 0


ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

July 2010 October 2012 March 2013 June 2014

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with HDR Engineering, Inc. to provide engineering services associated with process improvements at the Central Wastewater Treatment Plant on May 12, 2010, by Resolution No. 10-1233. Authorized Supplemental Agreement No. 1 to the professional services contract with HDR Engineering, Inc. for additional design and construction administration services associated with process improvements at the Central Wastewater Treatment Plant on September 14, 2011, by Resolution No. 11-2421. FISCAL INFORMATION $6,454,200.00 - Water Utilities Capital Improvement Funds Professional Services Contract Supplemental Agreement No. 1

$ 792,469.00 $ 3,386,180.00

Construction (this action)

$ 6,454,200.00

Total Project Cost

$10,632,849.00

M/WBE INFORMATION See attached. ETHNIC COMPOSITION Cardinal Contractors, Inc. Hispanic Female Black Female Other Female White Female

0 0 0 5

Hispanic Male 19 Black Male 3 Other Male 4 White Male 40

Agenda Date 02/27/2013 - page 2


BID INFORMATION The following bids with quotes were opened on December 13, 2012: *Denotes successful bidder Bidders *Cardinal Contractors, Inc. 1106 North Highway 360, Suite 115 Grand Prairie, Texas 75050 Archer Western Construction, LLC Gracon Construction, Inc.

Bid Amount $6,454,200.00 $6,593,800.00 $7,224,600.00

OWNER Cardinal Contractors, Inc. William J. McDevitt, President MAP Attached

Agenda Date 02/27/2013 - page 3


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract for the construction of process improvements at the Central Wastewater Treatment Plant - Cardinal Contractors, Inc., lowest responsible bidder of three - Not to exceed $6,454,200 - Financing: Water Utilities Capital Improvement Funds Cardinal Contractors, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Total local contracts Total non-local contracts

$4,997,385.00 $1,456,815.00

TOTAL CONTRACT

$6,454,200.00

Percent 77.43% 22.57%

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

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

100.00%

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

Certification

Clemons Trucking Company Gar-Tex Construction Company, Inc. PA Steel Ram Tool & Supply Company, Inc.

BFDB55126Y1013 HMDB50637Y0913 HMMB53280N0413 WFWB52857N0313

Amount

Percent

$10,000.00 $116,160.00 $10,575.00 $20,000.00

0.20% 2.32% 0.21% 0.40%

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

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

Amount

Percent

$1,414,815.00 $32,000.00 $10,000.00

97.12% 2.20% 0.69%

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

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

$156,735.00

Total Minority - Local

3.14%

Non-Local Contractors / Sub-Contractors Non-local

Certification

LKT & Associates, LLC Champion Fuel Solutions Partnering for Success, Inc.

WFDB55111Y1013 WFDB53528Y0513 WFWB55877Y1213

Total Minority - Non-local

$1,456,815.00

100.00%


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY Page 2

TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$10,000.00 $126,735.00 $0.00 $0.00 $20,000.00

0.20% 2.54% 0.00% 0.00% 0.40%

$10,000.00 $126,735.00 $0.00 $0.00 $1,476,815.00

0.15% 1.96% 0.00% 0.00% 22.88%

Total

$156,735.00

3.14%

$1,613,550.00

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25.00%


Council District 2 MO

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CENTRAL WASTEWATER TREATMENT PLANT

Council District 7 IU JU L S SC HEP PS F WY

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Water Utilities Department Contract No. 12-040 Central Wastewater Treatment Plant Process Improvements

1 of 1


COUNCIL CHAMBER

February 27, 2013 WHEREAS, bids were received on December 13, 2012 for the construction of process improvements at the Central Wastewater Treatment Plant, Contract No. 12-040, listed as follows: BIDDERS

BID AMOUNT

Cardinal Contractors, Inc. Archer Western Construction, LLC Gracon Construction, Inc.

$6,454,200.00 $6,593,800.00 $7,224,600.00

WHEREAS, the bid submitted by Cardinal Contractors, Inc., 1106 North Highway 360, Suite 115, Grand Prairie, Texas 75050, in the amount of $6,454,200.00, is the lowest and best of all bids received. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the bid submitted by Cardinal Contractors, Inc. in the amount of $6,454,200.00, for doing the work covered by the plans, specifications, and contract documents, Contract No. 12-040, be accepted. Section 2. That the City Manager is hereby authorized to execute a contract with Cardinal Contractors, Inc., for the construction of process improvements at the Central Wastewater Treatment Plant, after having approval of the contract documents by the City Attorney. Section 3. That the City Controller is hereby authorized to pay the amount of $6,454,200.00 from the Wastewater Capital Improvement Fund as follows: VENDOR FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE 2116 DWU PS30 WWTP 4560 712040 T2PD CTDWU712040CP VS0000074310 Cardinal Contractors, Inc. - (Contract No. 12-040) - $6,454,200.00 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

2, 4, 5, 6, 9, 11, 12, 13, 14

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

AGENDA ITEM # 53

Various

________________________________________________________________

SUBJECT Authorize a contract for the installation of water and wastewater mains at 44 locations (list attached) - Barson Utilities, Inc., lowest responsible bidder of seven - Not to exceed $11,668,032 - Financing: Water Utilities Capital Improvement Funds BACKGROUND This project consists of the installation of approximately 78,260 feet of water and wastewater mains. This includes the installation of approximately 48,730 feet of 8-inch, 5,580 feet of 12-inch, and 1,280 feet of 16-inch water mains, and the installation of approximately 660 feet of 6-inch, 14,350 feet of 8-inch, 1,520 feet of 10-inch, 1,140 feet of 12-inch, 2,490 feet of 16-inch, and 2,510 feet of 18-inch wastewater mains. Approximately 3,940 feet of water and wastewater mains will be rehabilitated or installed utilizing technologies that when compared to typical open-cut construction methods will require less excavation, thereby minimizing disturbance to the existing pavement as well as minimizing inconveniences to the public. The existing water and wastewater mains were built between 1926 and 1976. These mains are contributing to the increase of maintenance costs as well as service interruptions. The installation of the proposed segments will improve the capacity of the water and wastewater systems and reduce maintenance costs.

Agenda Date 02/27/2013 - page 3


BACKGROUND (Continued) Barson Utilities, Inc. contractual activities in the past three years:

Projects Authorized Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company

PBW

DWU

PKR

0 0 0 0

4 1 0 0

0 0 0 0

ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

February 2011 November 2012 April 2013 August 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Arredondo, Zepeda & Brunz, LLC to provide engineering design services for the renewal of water and wastewater mains at 45 locations on February 9, 2011, by Resolution No. 11-0419. FISCAL INFORMATION $11,668,031.75 - Water Utilities Capital Improvement Funds Professional Services Contract

$ 1,501,775.00

Construction (this action)

$11,668,031.75

Total Project Cost

$13,169,806.75

Agenda Date 02/27/2013 - page 4


FISCAL INFORMATION (Continued) Council District

Amount

2 4 5 6 9 11 12 13 14

$ $ $ $ $ $ $ $ $

Total

1,746,575.51 195,072.07 570,094.35 316,047.00 3,913,538.90 1,837,306.71 208,681.75 1,690,624.61 1,190,090.85

$11,668,031.75

M/WBE INFORMATION See attached. ETHNIC COMPOSITION Barson Utilities, Inc. Hispanic Female Black Female Other Female White Female

0 0 0 4

Hispanic Male 60 Black Male 4 Other Male 0 White Male 10

Agenda Date 02/27/2013 - page 5


BID INFORMATION The following bids with quotes were opened on December 6, 2012: *Denotes successful bidder Bidders *Barson Utilities, Inc. 5326 West Ledbetter Drive Dallas, Texas 75236 John Burns Construction Company of Texas, Inc. Omega Contracting, Inc. P & E Contractors, Inc. Ark Contracting Services, LLC Atkins Bros. Equipment Co., Inc. SYB Construction Co., Inc.

Bid Amount $11,668,031.75 $12,404,233.00 $12,613,687.50 $12,984,748.75 $13,083,127.75 $14,029,785.00 $15,439,467.50

OWNER Barson Utilities, Inc. Ron Barson, Owner and President MAPS Attached

Agenda Date 02/27/2013 - page 6


Installation of Water and Wastewater Mains

District 2 Alley between Cristler Avenue and Glasgow Drive from Lindsley Avenue to Gurley Avenue Alley between Lindsley Avenue and Garland Avenue from St. Mary Avenue to Interstate Highway 30 (R.L. Thornton Freeway) Arroyo Avenue from Dallas North Tollway southwest Bryan Street from Caddo Street to Annex Avenue Easement between Parry Avenue and Gurley Avenue from Fairview Avenue northeast Garrett Avenue from Homer Street to Mission Avenue Mission Avenue from Bennett Avenue northeast Southwestern Medical Avenue from Inwood Road southeast District 4 Alley between Beckley Avenue and Seevers Avenue from Hobson Avenue to Saner Avenue District 5 Prairie Creek Road from Lake June Road to Cherrybrook Drive District 6 Bickham Road from Loop 12 (Northwest Highway) to Sandy Lane District 9 Alta Mira Drive from El Campo Drive to Hermosa Drive Bel Aire Drive from Country Club Drive to Bel Aire Drive Belford Drive from Ashford Drive to Ravendale Lane Bella Vista Drive from Redondo Drive to Alta Mira Drive Country Club Drive from Bon Aire Drive to Bel Aire Drive Diceman Drive from Ocalla Avenue to Tavaros Avenue Loop 12 (Buckner Boulevard) from Redondo Drive to Alta Mira Drive Losa Drive from Casa Vale Drive to Easton Road Maylee Boulevard from Ferguson Road to Mandalay Drive Redondo Drive from El Campo Drive to Loop 12 (Buckner Boulevard)


Installation of Water and Wastewater Mains Page 2 District 11 Dartbrook Drive from west Meadowcreek Drive to east Meadowcreek Drive Glenhurst Drive from Cliffbrook Drive east Meadowcreek Drive from Hillcrest Road to Oakbluff Drive Prestonridge Road from Willow Lane to Talmadge Lane Ramblewood Trail from Greenhollow Lane to Clearsprings Road Willow Bend Road from Purple Sage Road to Coit Road District 12 Davenport Court from Davenport Road southwest District 13 Boca Raton Drive from Lamplighter Lane to Inwood Road Crestline Avenue from Walnut Hill Lane to Southcrest Road Crestline Avenue from Walnut Hill Lane to Valley Ridge Road Del Roy Drive from Lamplighter Lane to Inwood Road Lamplighter Lane from Meadow Crest Drive to Del Roy Drive Valley Ridge Road from Midway Road to Crestline Avenue Walnut Hill Lane from Crestline Avenue to Rock Hill Lane Willow Grove Road from Midway Road to Crestline Avenue District 14 Abrams Road from Glasgow Drive northeast Alley between Belmont Avenue and Richmond Avenue from Matilda Street to Delmar Avenue Alley between Monticello Avenue and Mercedes Avenue from west of Norris Street east Alley between Worth Street and Abrams Road from Lowell Street to Glasgow Drive Bowser Avenue from Herschel Avenue to Hawthorne Avenue Gaston Avenue from West Shore Drive to Loving Avenue Greenway Boulevard from Waneta Drive to Nakoma Drive Paulus Avenue from Worth Steet to Tremont Street


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract for the installation of water and wastewater mains at 44 locations (list attached) - Barson Utilities, Inc., lowest responsible bidder of seven Not to exceed $11,668,032 - Financing: Water Utilities Capital Improvement Funds Barson Utilities, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Total local contracts Total non-local contracts

Percent

$9,262,168.75 $2,405,863.00

79.38% 20.62%

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

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

$11,668,031.75

TOTAL CONTRACT

100.00%

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

Certification

Iron Concrete Construction Company Magnum Manhole & Underground Co.

HMDB54126Y0713 WFDB52505Y0213

Amount

Percent

$835,000.00 $134,019.50

9.02% 1.45%

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

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

Amount

Percent

$1,942,488.00 $5,500.00

80.74% 0.23%

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

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

$969,019.50

Total Minority - Local

10.46%

Non-Local Contractors / Sub-Contractors Non-local

Certification

LKT & Associates, LLC Partnering for Success, Inc.

WFDB55111Y1013 WFWB55877Y1213

$1,947,988.00

Total Minority - Non-local

80.97%

TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$0.00 $835,000.00 $0.00 $0.00 $134,019.50

0.00% 9.02% 0.00% 0.00% 1.45%

$0.00 $835,000.00 $0.00 $0.00 $2,082,007.50

0.00% 7.16% 0.00% 0.00% 17.84%

Total

$969,019.50

10.46%

$2,917,007.50

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25.00%


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PID: 2809

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 1 of 44


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Council District 7 Alley between Lindsley Avenue and Garland Avenue from St. Mary Avenue to Interstate Highway 30 (R.L. Thornton Freeway)

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PID: 5102

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 2 of 44


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O

N

NG

A

R

ST

M

NT O

DR CO

H

SP

NS

IR

DE

RD

R

LI

FA

ST

FO

A

W RA

PL

M

IN

ER

T

AD

ED

TH

R

BR

KI NG

D

SIS

N

RD

C

AV E

TO

OA

EN

YC

D

Arroyo Avenue from Dallas North Tollway southwest

«

12

6

11

13

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 2675

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 3 of 44


AV E

ST

ER G

RY A B

ST E R O M A

ST

C SY

RY R U SC

AV E IS S

ST K

SW

A O E

TH R O

K

ST

TH R

ST O

JU

N

N

ST

IU

S

AV E

ST

A

W

AV E

ST

ST

L

PE

O

A

W ST

ST

AV E

A

LC

A

LD

E

ST

D

ST

N

EX

IR

IR

O

N

B

A

D

EL

G

D

R

SK

ST

A

O

PH

LE

A

YD

O

N

SE

PP

FL O

T

JO

VE

N

A

H

N

ST

LI V ST

ST

G

C

R A G

ED

N

N

ST TO IN

C

JA SA

N R

PL

O W

TE

ST

Council District 14

ST

R

K

ST

SA

AV E SS O R

AV E D N LA

SE O

IC

Y

ST

JA

C

IN

TO

N U M

AV E

ER

G

N U M R

S

D

ST

O

E AV

C

LE

ST

A

E AV

W

O

PP

L

8" Water Main N/A Wastewater Main Mapsco: 45 D, H, 46 A Council District: 2, 14

LL

C

T

AV E

PE

ST

EL

O

N

A

K

R

TO

LN

AV E

R

G

C

H

A

IN

HO

A

T

SO

N

C

ET

ST

M

N

O

SI EN

EN

D

G

C

C

S

D

AV E

E AV

EN

R

SH

A

LL Y

EX

SP

O

N

Council District 2

U

E AV

H

N

M

AV E

ZH

Y

ST

W A

A

EX

FI T

A

E

C

VI LL

N

AV E

SB

O

N

IE

IG

N

PL

IR

R

IL L

A EL

A

A

G

C

ST

TE

D

ST

Y FA

ET

PR

B

Y

LU

B

LA

SH

B

D

A

C

A

E

LL

R

Bryan Street from Caddo Street to Annex Avenue

«

12

6

11

13

Council District: 2, 14 10 9

2 14 1 3

7 5

4 8

PID: 2823

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 4 of 44


B

R

A

H

A

M

C

O

N

ST

AV E

LI N

DS

LE

Y

AV E

G

EA

IR VI

PA R

FA

RY

AV E

N/A Water Main 8" Wastewater Main 6" Mapsco: 46 H Council District: 2

EW

AV E

PH

AV E Y

ER

LE

D

SO

UR

EN

G

H

IL I

P

AV E

Council District 2

N

AV E

Easement between Parry Avenue and Gurley Avenue from Fairview Avenue northeast

ÂŤ

12

6

11

13

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 5101

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 5 of 44


ST AL

CO

TT

Council District 14

HO

Council District 2

G

R

R

ET

T

AV E

E LE

G

A

R

R

ET

T

AV E

M

AN

ET

T

MI SS

IO

N

ST

AV E

A

ST

ME

R

ST

8" Water Main 8" Wastewater Main Mapsco: 35 V Council District: 2

Garrett Avenue from Homer Street to Mission Avenue

ÂŤ

12

6

11

13

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 5550

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 6 of 44


LANERI AVE

N

AV E

BONITA AVE

ST

SO

TT AL

G

A

R

R

ET

ST

T

8" Water Main 8" Wastewater Main Mapsco: 35 V Council District: 2

AV E

ST

Council District 2 P

W

ST ET

T

MI SS

AN

R

PL R

N

ET

T

C

O

LE

S

M

A

N

O

EN

M

Mission Avenue from Bennett Avenue northeast

A

N

T ET

R

ET

ER

T

RY

W AY

AV E

PI TO

O H

ST

A

CH

M

O

SE

R

AV E

CA

ER M

TT CO

BY

G

BE

LM

ON

T

M

ST

ST

B

AL

KIR

IL D

AV E

M

IO

RA

L

E

AV E

GH AV

AV E

FITZH U

N

RA NT CE

AH

HOMER ST

M MI LA

ST

Council District 14

RM

ER

ST

HI NG RS

T

LE E

NO

D

CO

CR LA

ER

PE

B

D

CE

EL

EN

ST

NT R CE AL S NT ER CE RAL V NT RA EXPY LE XP Y

H

RICHARD AVE

AV E

ST

«

12

6

11

13

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 1263

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 7 of 44


WAYSIDE DR

INWOOD ACRD

LEE HALL DR

R

H HA A R R R RY Y H H HARRY HINES ACRD IN INE ES S B BLV LV D D D

D

PRAIRIE VIEW DR

CR

DR

K

DA

R

OO

N

PA

INW

O

N

MP

AT I

TO

RA

RN

G

D

LI N

OO

CA

R

CHATTANOOGA PL

W IN

A

16" Water Main N/A Wastewater Main Mapsco: 34 W Council District: 2

BRIAR CLIFF RD

BUTLER ST

Council District 2 S T E MMO

N S ACRD

D

SO

OO

DR

STE

INW

GB

Council District 6

LVD

IRV IN

Southwestern Medical Avenue from Inwood Road southeast

ON

SA

HW

ES

TE

RN

ME

DIC

AL

AV E

CR

D ST ST S E E S T T E M MM MM ON EM MO ON S S MO N N S S F W F WY S E R V SE Y RV

D DR OO INW

IRV IN

MM

UT

GB

LVD

«

12

6

11

13

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 2136

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 8 of 44


ALABAMA AVE

RAMSEY AVE

SEEVERS AVE

ORIAL AVE

ELMORE AVE

TERRACE DR

HOBSON AVE

8" Water Main 8" Wastewater Main Mapsco: 54 V Council District: 4

BECKLEY AVE

TOLUCA AVE

GROVER C WASHINGTON AVE

Council District 4

KR

MITSCHER DR

T MI NI

ZD

R

BROWNLEE AVE

ARIZONA AVE

UE

GE

R

ST

SANER AVE

HALSEY ST

Alley between Beckley Avenue and Seevers Avenue from Hobson Avenue to Saner Avenue

«

12

6

11

13

Council District: 4 10 9

2 14 1 3

7 5

4 8

PID: 2683

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 9 of 44


DANVILLE DR ELDON DR

ELDON DR

S H OR E L

BRILEY DR

QUINN ST

CARDEL L A

ODENEAL ST

ALTO GARDEN DR

AVE

FILES ST

SLAY ST CARDELLA AVE

FILES ST

MEMORY LN

PRAIRIE CREEK RD

MCGREGOR ST

MCELREE ST

OAK HILL CIR

LAKE JUNE RD

R

LAKE JUNE RD

SAN LEON AVE

PARAMOUNT AVE

LANEYVALE AVE

WADLINGTON AVE

Prairie Creek Road from Lake June Road to Cherrybrook Drive

LL D

PL

DR

ADE

IA

CRAIG E

LN OAK G ATE

8" Water Main 10" Wastewater Main Mapsco: 59 E, J Council District: 5

ON

DR

OD S T

LA D

C OME R

WOOD CASTLE DR

HAWLEY LN

NISQUALLY ST

O FR OSTW

GLENCLIFF DR

HOLCOMB RD

BAYWOOD ST

TENINO ST

DALE GLADE DR

ARK DR

CLAUDIA LN

5

TACKETT ST

MADDOX AVE

GLENGREEN DR

CHERRYBROOK DR

DEL MONTE DR GROVECREST DR DR GROVECREST Council District

R

U D DR

STONEHURST ST

ON E D

ST AUGUSTINE DR

PRAIRIE CREEK RD

OAK H ILL CIR

STONEHURST ST

WOLFWOOD LN

R WAY D

N DR

RIVER

B OH A N N O

TONAWANDA DR

BROADVIEW ST

FOXWOOD LN

T LIMES

LIMESTONE DR

FA IRCL O

PONDVIEW DR

EAST SHORE DR

WATERWOOD LN

«

12

6

11

13

SAN LEON AVE

PARAM OUNT AVE LANEYVALE AVE

Council District: 5 10 9

2 14 1 3

7 5

4 8

PID: 4630

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 10 of 44


Y

RT H

WE

ST

HW

ALLRED ST

CALIFORNIA CROSSING RD

NO

KING WILLIAM DR

GOODNIGHT LN

NEWKIRK ST

WIR E

WAY

SPANGLER RD

HW

Y

LOMBARDY LN

12" Water Main N/A Wastewater Main Mapsco: 22 U, Y Council District: 6

BICKHAM RD

GARDNER RD WA WA LTO N LTO W N W AL KE AL K R S E WA ER LTO BLV RV NW D AL K ER SER TE C V HN OL OG YB LVD

Council District 6

WY Y SF ERV ON S F W N S S E MM N ST MO EM

ST

MMO

WE

ST

RT H

STE

NO

SANDY LN

WA LT ON

WA L

KE

RB

LV D

CONNECTOR DR

Bickham Road

from Loop 12 (Northwest Highway) to Sandy Lane

«

12

6

11

13

Council District: 6 10 9

2 14 1 3

7 5

4 8

PID: 2691

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 11 of 44


IR

DR

O

DR

HA

AD ES

TA C

ZA C

K

DR I RA

DR

CR H

EK RE

EN GL D

OO

ER W

SH

SP

RIN

GW AT E

RD

R

LC EE CR

DR

NE VI

ST

D D N LA

VE O R

G

ER

EU

R

O R D N A

LE

M

C ER

IS

D

R

AV E

EE

LN IE DR

W AY

IT O

N SA

S

AV E

AV E IA

N O EN B

ALT AM

R D N A EM N

DIX

R R

TA

C

LA

R N SA

IC D AY T

O

W

D OO

DR

BU

CK

NE

VINEWOOD D R

Alta Mira Drive from El Campo Drive to Hermosa Drive

«

12

6

11

13

C RA

RD

NT DR

R

OATES DR

GU FE R

MAPLETON DR

LN

R

B E E C H MO

TA VA

AT E

D LV

G

AN D A RT KILT

B

LD

DR

ER

O

AV E

EK

N

A

D

K

D

C

A

ED

U

D

B

LL

IN TW

E CR

AS

R

R

D

O

D

OD

N

R

MP

A

R

O

Council District 9

CA

O

D TA

EL

C

EA

O

DR

VIS

C

LN

O

MERCER DR

O ND DO

D

SA

DR EL

DR

BL VD

O

AT E

AV Y

W ST

D

8" Water Main 16" Wastewater Main Mapsco: 38 N, P, S Council District: 9

LA

O

FO R

W

G

DR

BEL

ED

LD

PE

DR

OS

NO

RE

TH

IL

LS

LN

ES

R

DR

A

O

RE

G

A

R

O

SE

PL

N A

N

RT O

PA TIO

R

N E DA R B PL LVD Z

RM

A

LS

LO

CO

HE

IL

ST

D R D N LA R A G

H

LI N

K

DR

DR

T

C

SA

NO

ES

U

RA

LU

R

SA

B

VE

FO

CA

S ON

RD

Council District 7

TALINA DR

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 3008

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 12 of 44


BE

L

AI

RE

K BR PAR

DR

OOK

DR

8" Water Main N/A Wastewater Main Mapsco: 28 W Council District: 9

Council District 9

R

LA K E

KAHAL A

H I GH

DR

L AN

DS D

LA K E

HI G

HL A

ND S

DR

COUNTRY CLUB DR

Bel Aire Drive from Country Club Drive to Bel Aire Drive

ÂŤ

12

6

11

13

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 4180

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 13 of 44


SURF DR

VADA DR

LN AL E

D

R

ND

R

R

D

FO

R U EB A

IR

R

LN LN

D IR

D

IR

B

B

G

G

IN K

R

IN

D

C

D

C

R

O

FO

O

SH

IN

VE

R

N

ES

S

LN

M

A

M

C

B

E

N

EL

G

B

N

D

RA VE

LA

DR AWAY

Council District 9

R OC K

8" Water Main N/A Wastewater Main Mapsco: 36 H Council District: 9

RAVENDALE LN

K

ST

ST LANDRY DR

CE PRIN

Belford Drive from Ashford Drive to Ravendale Lane

ÂŤ

12

6

11

13

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 2684

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 14 of 44


NO

DR

AN

Q

DR

RE

TR

UI

LL

A

DR

ND DO RE

O

VISTA

DR

DR

MA

SAN

AL TA M

I RA

Council District 9

8" Water Main N/A Wastewater Main Mapsco: 38 N Council District: 9

DR

LS IL TH ES

MP

VD R BL

FO R

KNE

CA

BEL L A

EL

BUC

O

DR

BL VD

HE

RM

OS

A

SE

RI P

OS

AD

R

CA MP

A DR

EL

SAB

OD CER

ER

N A

B D LV

ÂŤ

12

6

11

13

ME R

N

IC

K

ALTA

C

D

DR

U

EM

B

MI R

D

R

A DR

R

Bella Vista Drive from Redondo Drive to Alta Mira Drive

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 3006

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 15 of 44


RO NN E R CI

LAKE HIGHLANDS DR

BA

BON AIRE DR

LULLWATER DR

Y OR K S P R

P

G RI N

FE RNALD

AVE

C LO

BE

ED

HS

DR

8" Water Main 8" Wastewater Main Mapsco: 28 W Council District: 9

R

VALLEY SPRING

Council District 9

IR LA

INGS DR

DR

DR

D

EA

ST O

N

ND S

R

KAHALA DR R

HL A

N

HI G

ST O

COUNTRY CLUB DR

D

LA K E

CL ASSEN D

R

EA

Country Club Drive from Bon Aire Drive to Bel Aire Drive

«

12

6

11

13

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 2800

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 16 of 44


R D

LD

R

ED

O

N

D

O

O

R

O

S

AT E

LN

8" Water Main N/A Wastewater Main Mapsco: 38 S Council District: 9

AV E

TA N

AY T

O

N

IA

AV E

SA

Council District 9

C

LA

R

A

D

R

TA VA

G

C

A

LL

A

AV E

SA

N

B

EN

IT O

W AY

D

IC

EM

A

N

D

R

D

O

Diceman Drive from Ocalla Avenue to Tavaros Avenue

ÂŤ

12

6

11

13

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 1944

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 17 of 44


M

A

N O AY T D

SAN

Loop 12 (Buckner Boulevard) from Redondo Drive to Alta Mira Drive

GA

DR

DR HA

CA YU

K

DR

DIX

ME

EE

SP

RI NG

DR SAB A

«

DR

DR

IE

RC

DR

IA

D N A EM IC

D

LN

PO

ALT AM

I RA

R

AV E

R D A R LA C

AT E

M

LN

ER

R D O D N O ED R TA N

G

CA

W AT E

D LV

LD

CR

B

SA

O

EL

R

IN

ER

AV E

D

N

A

TW

K

LL

SA

C

A

O

U

C

IP

R

DR

B

O

R

D

LE

DR DR

O ND DO RE

LN

EE

NG

SH

EK

R

RA

O

RE

DR

LO

I RA

IR

Council District 9

AD

CC

R

DR

O

12

6

11

13

ES AT

DR

VINEWOOD

AT E

C

DR

G

D

QU

AL TA M

LD

DR

BL VD LS IL TH ES

A

O

FO R

O

N

G

W

M

HC

O G N

A

LN

ZA C

DR A

A R

D N LA R

A

ED

O

R

R

AS

ST

D R

DR

A

NO

DR

G

RA

A

A

PE PA AV TI Y O R DR D

8" Water Main N/A Wastewater Main Mapsco: 38 N, P Council District: 9

DR

PL

TA DR

ST

VE

DR

LL

LS

LV D

LO

SA

NO

IL

B

Z

UI

H

ER

PL

RE

T

N

NQ

N

R

O

ES

K

BELLA VIS

LU

R

C

DA

SE

FO

U

LI N

EL

R

A TR

B

SA

AD LO S

RM

CA

OS

DR

PY

HE

P PO

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 3009

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 18 of 44


RD

CENTERVILLE RD ST O

N

R

R

R

D

G

A

G

A

EA

O

R

A

N

D

C

R

A

SA

VA

LE

O

N

D

O

D

R

8" Water Main N/A Wastewater Main Mapsco: 38 F Council District: 9

R

D

R

RM

UE

HE

TA B ES

R

Losa Drive from Casa Vale Drive to Easton Road

ÂŤ

12

6

11

13

LE DA OD

R

WO

DR

D

HA

LL ER

ZA C

FU

DR

LO S

AD

GU S GU T H O M ST HO ASSO MA SS N RD ON RD

OS

NA

M

N

LI

D

H

DR

Council District 9

SA

FE

PE

IO

R

N

AD

ST O

R LA L A ND N D RD R D

EA

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 2710

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 19 of 44


R D N SO R D

IO

TI LL

O C

R

A

LY N

HA

W AY

N

B A

R D R AR M DR

GA

N

N

DE

O H

ST

LT Z

ET

DR

LN RA YH OR

D R

TE N

A

R

ND

R

D

DR

«

6

11

13

N

RD

S

DR

ES CA

SO

RA

AS

DR

A AD

12

M

TI LL

PR

O

AN

TH

LA

US

CA

D

ES

SH O M TA

FF A SW A

R

D

R

LN LE A

N O R A D N A

M

N

HO

SAN LUCAS AVE

MOTLEY DR

MATERHORN DR

N

W AT T

ER

R

A SH

SHILOH RD

SHILOH RD

D

D R N SO U G FE R

R D E LO N

D

U

R

D

E

Maylee Boulevard from Ferguson Road to Mandalay Drive

SA

G

SAN MARCUS AVE

CREST RIDGE DR

G

SAN PAULA AVE

SAN VICENTE AVE

ID

SAN MEDINA AVE

VD BL

SAN VICENTE AVE

DR

LN

GUS THOMASSON RD GUS THOMASSON RD

A

NN

EE

RUTH ANN DR

Y LIBB

EW DR

MAYHEW DR

TH

YL MA

MAYH

CASA OAKS DR

8",Water 12" Water 8" MainMain 18" Wastewater Main Mapsco: 39 E, J, K Council District: 9

DR RU

T

R

R OO K

C

CT

B

BENB

K

ES

Council District 9

IR

LA Y

R U G

K

R CI

R

ER

N

R PA

K OA

PA

AD

R

FE R

R

C

N

A

NORWOOD DR

D

O

PA R

B

AY W

SO

N

A

ANDOVER DR

D

VD BL

TEALFORD DR

R

EE

WINTHROP DR

YL MA

FENWICK DR

ER

DR

D

AN

CENTERVILLE RD

M

FO

D

M

EL

AW AY

U

D

KI AM

AV E

N

PL

B

U

X

D

SHILOH RD

VISALIA DR

ULLOA LN

MYRTICE DR

PE

SS

STALLCUP DR

TR UXILLO DRA

CA

JOAQUIN DR

RUIDOSA AVE

ENCINO DR

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 2021

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 20 of 44


DR CA

PL

A R

DR

O

NO

G

DR A RM

OS

DR

CA

R

RI P

OS

AD

R

R

EL

D

O

MP

D

MA

AD IST

LN

DR

IR

I RA

C

NO

RE

ES FO R

D

R

R

R

ED

O

N

OD

Redondo Drive

HE

DR DO

LS IL TH

N R FE N SA

A R O G N A

O

BLVD

O

AV

AT E

O

BL VD

W AY A

G

N

A

W

RE

KNER

ED

LL

G

SE

Council District 9

BE

LD

RA

N A

LN

D

R

G

R

O

A

AB A D

AV E

VE

8" Water Main 8" Wastewater Main Mapsco: 38 N Council District: 9

SAN S

A

DR

BUC

ST

LS

LO

LV D

SA

ST

D R D N LA R A

N

A

ST L A ON N PK D R WY D G

DR

LL

IL

B

Z

DR

K

A

H

ER

PL

A

OA

C

T

N

LL

OB

O

ES

K

UI

KN

LU

R

O

R

C

DA

NQ

FO

U

LI N

R

A TR

B

SA

D LO SA

AL TA M

PY

ND

P PO

from El Campo Drive to Loop 12 (Buckner Boulevard)

«

12

6

11

13

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 3007

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 21 of 44


8" Water Main 8" Wastewater Main Mapsco: 15 G Council District: 11

ME

AD

OW

CR

EE

KD

R

Council District 11

DARTBROO K DR

L VA

Dartbrook Drive

Y LE

BR

O

OK

DR

from west Meadowcreek Drive to east Meadowcreek Drive

ÂŤ

12

6

11

13

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 2843

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 22 of 44


ST

GA TE

C R E S T ME R

DR

ME

AD

OW

GATERIDGE DR

R

8" Water Main 8" Wastewater Main Mapsco: 15 L, M Council District: 11

GLENHURST DR

SPRING VALLEY RD SPRING VALLEY RD SPRING VALLEY RD

HILLCREST RD

BELLA PORTA PL

Glenhurst Drive from Cliffbrook Drive east

«

DR GE RID ELM

KA

HUGHES LN

LA

NI

HILLCREST RD

PL

FALLS CREEK CT

B

KD

DR

DR

IFF

O RO

VE

Council District 11

CL

R

CO

AVE N

KD

IAR

NEH

EE

BR

CR

DARTBROOK DR STO

MIDCREST DR

E DR

BROOKRIDGE DR

WE

12

6

11

13

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 2846

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 23 of 44


DENTCREST DR

RA

IVYGLEN DR

CALAIS DR

MOSSVINE DR

GE D R

MOSSVINE CIR

BIRCHR ID

BRIARMEADE DR

Council District 12 MEANDERING WAY

BELT LINE RD

MP

BELT LINE RD

MEADOWHAVEN DR TANGLECREST DR

KD

R

MIDCREST DR

VILLAGE TRAIL DR

AD

MAPLECREST DR

OW

BRIAR COVE DR

CR

OVERDALE DR

8" Water Main 8" Wastewater Main Mapsco: 15 H Council District: 11

R

PALDAO DR

ED ID G

SP

Meadowcreek Drive from Hillcrest Road to Oakbluff Drive

SPRING VALLEY RD

PE

HR AS

ELM

RID

GE

DR

HILLCREST RD

SPRING VALLEY RD

STONECREST DR

BROOKRIDGE DR

GLENHURST DR

HILLCREST RD

DR

CRESTPOINT DR

K

Council District 11

EDGECREST DR

EE

OAKBLUFF DR

R

E UC

«

W

O

OD

DR R FA 12

6

11

13

HI

L

LS

CARILLON DR

DA

LARCHVIEW DR

CLIFFBROO K DR

ME

RT

BR

OO

GATERIDGE DR

ON YT

DR

LN

RO

L

NG LI

H

LS IL

LN

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 2847

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 24 of 44


CHELTENHAM WAY

PRESTONRIDGE RD

ARCHDALE DR

CHURCHILL WAY

8" Water Main N/A Wastewater Main Mapsco: 15 Y Council District: 11

INE CIR

MARBROOK DR

MA D E L E

SHIREMONT DR

TALMADGE LN

Council District 11

BRADBURY LN

LONGFELLOW DR

HAMPSTEAD LN

WHITMAN LN

BROWNING LN

WILLOW LN

GREENWICH LN

Prestonridge Road from Willow Lane to Talmadge Lane

«

12

6

11

13

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 2859

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 25 of 44


SPRING VALLEY RD

WATERVIEW DR

ALLEGHENY DR

DR NCY

R E GE

WESTON WAY

SPRING VALLEY RD

L

ROLLING HILLS LN

CIR

8" Water Main N/A Wastewater Main Mapsco: 16 K Council District: 11

RAMBLEWOOD TR

WATERFAL LP

CLEARSPRINGS RD

STONEMOSS DR

GREENHOLLOW LN

WATERFALL WAY

LA ZY ACRES

MIDPARK RD

WEALD GREEN

BR

OO

METHUEN GREEN

KG

RE

EN

MA GO

LD

MAHAM RD

BROOKG REEN CIR

KEEPERS GREEN

RK

DR

Council District 11

DR

CE

Ramblewood Trail from Greenhollow Lane to Clearsprings Road

«

12

6

11

13

R NT

AL

SE

RV

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 2766

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 26 of 44


LO

COIT RD

RIL

HI

LN

CA ND

R FA

S LL

ROLLING HILLS LN

R

8" Water Main N/A Wastewater Main Mapsco: 16 J, K, N Council District: 11

Council District 11 IL

B

RD

COIT RD

W

W LO

D EN

SPRING GRO VE AVE

PU

R

E PL

S

E AG

RD

BR

Willow Bend Road from Purple Sage Road to Coit Road

O

G OK

RE

EN

DR

FLAGSTONE LN

ÂŤ

12

6

11

13

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 2851

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 27 of 44


DAVENPORT RD

DR I ND HW

IE LD DR

D

U

FF

IE L

D

D

R

RT EA

CAULFIELD DR

N VE A D

PO

RT

B A R K W OR

BRUSHF

8" Water Main N/A Wastewater Main Mapsco: 5 Q Council District: 12

CT

Council District 12

RD

BA

H

C

T

CT

IT

Y UR

W

SB

CK

ATE CT

RN

BE

BRADG

BEVING TON

RD LL BE P RD M CA ELL B MP CA

SO

Davenport Court from Davenport Road southwest

TH D R

ÂŤ

UT

12

6

11

13

O HP

I NT

6727

DR

Council District: 12 10 9

2 14 1 3

7 5

4 8

PID: 2838

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 28 of 44


INWOOD RD

NORTHMO OR DR

INWOOD PKWY

CALADIU M DR

8" Water Main 8" Wastewater Main Mapsco: 24 D Council District: 13

HALLMARK DR

R TE IG H

MEADOW CREST DR

LE ACHMAN

STRAIT LN

CIR

NORTHAVEN RD

INWOOD RD

LN

PL

ST A

LA M

VI

BOCA RATON DR

LN

Council District 13

AL TA

RUSSWOOD CIR

SHELTERWOOD CIR

Boca Raton Drive from Lamplighter Lane to Inwood Road

«

12

6

11

13

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 2868

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 29 of 44


ROCK HILL LN

NORTHCREST RD

8" Water Main 12" Wastewater Main Mapsco: 24 Q Council District: 13

SOUTHCREST RD

Council District 13

WALNUT HILL LN

CRESTLINE AVE

WALNUT HILL LN

WILLIAMSBURG RD

Crestline Avenue from Walnut Hill Lane to Southcrest Road

ÂŤ

12

6

11

13

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 5150

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 30 of 44


CR

SOUTH BETTER DR

OW

LE

YD

SHIRLEY DR

LN

ONTARIO LN

LENNOX LN

W O O D R D

CRESTLINE AVE

O

MIDWAY RD

D

LAKEMONT DR

EA

VALLEY RIDGE RD

M

WILLOW GROVE RD

WALNUT HILL LN

AIT

8" Water Main 12" Wastewater Main Mapsco: 24 Q Council District: 13

WILLIAMSBURG RD

Council District 13

LINDHURST AVE

STR

SOUTHCREST RD

LINDHURST AVE

ROCK HILL LN

FIELDFARE DR

NORTHCREST RD

WALNUT HILL LN

SARANAC DR

B D

U

LIVELY LN DUNHAVEN RD

Crestline Avenue from Walnut Hill Lane to Valley Ridge Road

A

U

PARK LN ROCKBROOK DR

BRUNSWICK DR

O

N

PL

BEECHWOOD LN

MIDWAY RD

GOODING DR

DORSET RD

WOODFORD DR

RIDGE RD

KILLION DR

GOODING DR

R

«

MIR

ON

12

6

11

13

DR

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 2805

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 31 of 44


FOREST LN

TER

INWOOD RD

EAS N AV

NORTHMO OR DR

E

CALADIU M DR

8" Water Main 8" Wastewater Main Mapsco: 24 D Council District: 13 DEL ROY DR

HALLMARK DR

INWOOD PKWY

MEADOW CREST DR

BOCA RATON DR

INWOOD RD

R TE IG H

LN

BOCA RATON DR

PL

ST A

LA M

VI

NORTHAVEN RD

LE ACHMAN CIR

STRAIT LN

AL TA

LN

Council District 13

Del Roy Drive from Lamplighter Lane to Inwood Road

«

12

6

11

13

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 2867

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 32 of 44


DEL ROY DR ST RA N

LA MPLIG HTER

IT L

LN

8" Water Main 8" Wastewater Main Mapsco: 24 D Council District: 13

BOCA RATON DR

Council District 13

MEADOW CREST DR

Lamplighter Lane from Meadow Crest Drive to Del Roy Drive

ÂŤ

12

6

11

13

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 2869

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 33 of 44


CRESTLINE AVE

FIELDFARE DR

SOUTHCREST RD

WALNUT HILL LN

LINDHURST AVE

WALNUT HILL LN

WILLIAMSBURG RD

WILLOW GROVE RD

8" Water Main N/A Wastewater Main Mapsco: 24 P, Q Council District: 13

MIDWAY RD

ONTARIO LN

LAKEMONT DR

GOODING DR

WALNUT GLE N PL

VALLEY RIDGE RD

Council District 13

BRUNSWICK DR

MIDWAY RD

BEECHWOOD LN

PARK LN

ROCKBROOK DR

SARANAC DR

LIVELY LN

DUNHAVEN RD

N RO MI

Valley Ridge Road from Midway Road to Crestline Avenue

«

12

6

11

13

DR

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 2807

Water Utilities Department Contract No. 13-027/028 Water and Wastewater Main Installations at 44 Locations

Segment 34 of 44


RIDGE RD

LINDHURST AVE ROCK HILL LN

NORTHCREST RD

8" Water Main N/A Wastewater Main Mapsco: 24 Q Council District: 13

SOUTHCREST RD