Page 1

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

Council District 13

WALNUT HILL LN

WALNUT HILL LN

D YR

ID G

ER

O RO B C K ME O A R D O

LE

RD

K

VA L

WILLO W GROVE

CRESTLINE AVE

WILLIAMSBURG RD

Walnut Hill Lane from Crestline Avenue to Rock Hill Lane

«

D

W

R

O

O

D

R

D

12

6

11

13

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 5149

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

Segment 35 of 44


WALNUT GLE N PL

ROCK HILL LN

FIELDFARE DR

GOODING DR

NORTHCREST RD

SOUTHCREST RD

LINDHURST AVE

WALNUT MEADOW LN

WALNUT HILL LN

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

MIDWAY RD

M

WILLOW GROVE RD

Council District 13

MIDWAY RD

VALLEY RIDGE RD

CRESTLINE AVE

D

O

W

O

O

D

R

D

BEECHWOOD LN

BRUNSWICK DR

PARK LN

SARANAC DR

LIVELY LN

Willow Grove Road from Midway Road to Crestline Avenue

EA

ROCKBROOK DR

ONTARIO LN

LAKEMONT DR

WALNUT HILL LN

«

12

6

11

13

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 2806

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

Segment 36 of 44


G

A

ST O

N

LI P

G

R

ID

G

EW AY

LA

ST JU

N

SG

IU

O

S

W

D

SC

O

M

B

ES

PAULUS B

IT T

D

LA R G

AVE

ABRAMS RD ABRAMS RD

AV E

N

R

AV E

R

W

O

R

TH

PA

ST

U

LU

S

TR

AV E

EM

O

N

T

ENT

AV E

ST

8" Water Main N/A Wastewater Main Mapsco: 36 Y Council District: 14 PA

ST

Council District 14

C VI

TO

R

LO

W

EL

TR

L

EM

O

N

T

ST

R

ID

G

ST

Abrams Road from Glasgow Drive northeast

EW AY

ST

C VI

TO

R

A

U

G

H

TE

R

ST

R

G EI

ER

ÂŤ

E AV

G

LA

SG

O

6

G EI

ER

S

AV E

E AV

AV E

W

D

R

12 11

13

LU

ST

R SL

U

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 5617

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

Segment 37 of 44


GOLIAD AVE

MATILDA ST

RICHAR D AVE

8" Water Main N/A Wastewater Main Mapsco: 36 T Council District: 14

Council District 14

RICHMOND AVE

BELL AVE

Council District 2

CONCHO ST

DELMAR AVE

GREENVILLE AVE

BELMONT AVE

SEARS ST

ORAM ST

Alley between Belmont Avenue and Richmond Avenue from Matilda Street to Delmar Avenue

DELMAR AVE

PROSPECT AVE

ÂŤ

12

6

11

13

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 2687

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

Segment 38 of 44


NORRIS ST

MERCEDES AVE

ALDERSON ST

N/A Water Main 8" Wastewater Main Mapsco: 36 Q Council District: 14

Council District 14

CLEMENTS ST

MONTICELLO AVE

MARQUITA AVE

Alley between Monticello Avenue and Mercedes Avenue from west of Norris Street east

ÂŤ

12

6

11

13

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 4379

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

Segment 39 of 44


U

N

TL

EY

ST

JU

LE

N

S

D

A

ST

EW AY

W

D

B

ABRAMS RD

N ST O A N

G

AV E

PA

R

SL

R

ST

EL

L

ID

G

TO EW C I AY V ST

R

ST

ST

R

G EI

ER

G

N

T

FU

O CT I V

LT O

R

N

ST

ST

C

JU

ST

TR

EM

O

ST

LI E

O

TT

E

LU

M

FO

ÂŤ

B

W

VE REIGER A

Alley between Worth Street and Abrams Road from Lowell Street to Glasgow Drive

LA

E AV

ST

L

ST

TH

W

Council District 14

EL

N

O

LO

R

LU

S

AV E

C VI

W

O

LE

U

ST

ST

W C

A

ID

O

M

8" Water Main 8" Wastewater Main Mapsco: 36 Y, 46 C Council District: 14

IU

EA

R

SG

O

LO

B

N

M

LA

SC

A B R A MS R D

G

IL L

G

SK

H

G

AV E

S SW WIS IS S A S AV VE E

LI P

IA

LE

12

6

11

13

A

U

SG

G

O

H

TE

W

D

R

TO

AV E

R

ST

IG RE

ER

E AV

R

E AV

R

ST

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 5615

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

Segment 40 of 44


TH TOLLWAY

FA IRWAY S

T

G

IL B

ER

AV E

8" Water Main N/A Wastewater Main Mapsco: 35 S Council District: 14

AV E

ER

H

AV E

ER

SC

H

EL

IL B

Council District 14 H

TT

R

O

O

E AV

ES

H

AW

TH

N

E

G

C

DALLAS NORTH TOLLWAY ACR

D

DALLAS NO RT

H TOLLWAY

LO

M

O

LO

M

O

AL TO

CT

AL TO

D

R

DALLAS NO R

ROLAND AVE

T

HAWTHORNE AVE

PR

LE M R

AW

LI

N

S

M

O

N

B

AV E

O

W

H

ST

SE

R

O

LL

A

N

D

T

AV E

AV E

AV E

A

IA ST

Bowser Avenue from Herschel Avenue to Hawthorne Avenue

«

AV E G

LA

S

Council District 2

N

U

W

EL

O

O

LI

D

YC

N

M

AV E

D

FF

ST

AV E

LL

VA

LE M

12

6

11

13

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 2693

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

Segment 41 of 44


AVALON AVE

PL

PASADENA AVE

LO RN A

WILDGROVE AVE

Council District 9

LN

W

SHO

H

E IT

O

A EN

K

D

AD

R

C

R

PA S

BURWOOD LN

W

IN

ST

ED

D

R

8" Water Main 8" Wastewater Main Mapsco: 37 S, W Council District: 14

OK A VE

U C TI

E

EC

ON AV

LA VIS TA DR

G AV LO VI N

ST R KE TU C

AVE

AVE

E DR

NAD O

L OMA

S H OR

C OR O

CASA

WE S T

Council District 14

C

E

O

N

N

CLAYT

T

LN

AUBU

RN A VE

GA S T ON A VE

Gaston Avenue from West Shore Drive to Loving Avenue

ÂŤ

12

6

11

13

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 1016

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

Segment 42 of 44


8" Water Main N/A Wastewater Main Mapsco: 34 M Council District: 14

E DALLAS NO RTH TOLLW AY DALLAS NO RTH TOLLWAY ROLAND AV E

Council District 14

NAKOMA DR

EASTERN AV

GREENWAY BLVD

GREENWAY BLVD

WENONAH DR

DALLAS NO RTH TOLLW AY ACRD

WANETA DR

MONTROSE DR

Greenway Boulevard from Waneta Drive to Nakoma Drive

«

12

6

11

13

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 1508

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

Segment 43 of 44


U PA LU S

LA R G

AV E

JU

N

IU

S

ST

ABRAMS RD

E AV

ENT

Council District 14

W

O

R

TH

ST

ABRAMS RD

8" Water Main N/A Wastewater Main Mapsco: 36 Z Council District: 14

TR

EM

O

N

T

PA

ST

U

LU

S

AV E

C VI

Paulus Avenue from Worth Street to Tremont Street

ÂŤ

12

6

11

13

TO

R

ST P A

U

LU

S

AV E

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 3091

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

Segment 44 of 44


COUNCIL CHAMBER

February 27, 2013 WHEREAS, bids were received on December 6, 2012 for the installation of water and wastewater mains at 44 locations, Contract No. 13-027/028, listed as follows: BIDDERS Barson Utilities, Inc. 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

WHEREAS, the bid submitted by Barson Utilities, Inc., 5326 West Ledbetter Drive, Dallas, Texas 75236, in the amount of $11,668,031.75, 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 Barson Utilities, Inc. in the amount of $11,668,031.75, for doing the work covered by the plans, specifications, and contract documents, Contract No. 13-027/028, be accepted. Section 2. That the City Manager is hereby authorized to execute a contract with Barson Utilities, Inc., for the installation of water and wastewater mains at 44 locations, 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 $11,668,031.75 from the Water Capital Improvement Fund and Wastewater Capital Improvement Fund as follows: FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 2115 DWU PW40 MPSA 4550 713027 W3AV CTDWU713027CP 359382 Barson Utilities, Inc. - (Contract No. 13-027) - $7,968,031.75 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 2116 DWU PS40 MPSA 4560 713028 T2PE CTDWU713028CP 359382 Barson Utilities, Inc. - (Contract No. 13-028) - $3,700,000.00


COUNCIL CHAMBER

February 27, 2013 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):

8

DEPARTMENT:

Water Utilities Public Works Department

CMO:

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

MAPSCO:

AGENDA ITEM # 54

76 D

________________________________________________________________

SUBJECT Authorize an increase in the contract with John Burns Construction Company of Texas, Inc. for additional work associated with the construction of approximately 1,575 feet of 27-inch and 30-inch wastewater mains - Not to exceed $727,655, from $7,223,024 to $7,950,679 - Financing: 1998 Bond Funds BACKGROUND This increase in contract is for the construction of approximately 1,575 feet of 27-inch and 30-inch wastewater mains along Bonnie View Road from Langdon Road north. The wastewater main improvements are necessary to meet the needs of future development in this portion of southern Dallas, including developments such as the L'Oreal Distribution Center and the Ridge Logistic Center. The wastewater main improvements will collect flows from proposed wastewater mains in Cedardale Road and Bonnie View Road and convey them to an existing 30-inch wastewater outfall approximately 1,500 feet north of the Bonnie View Road and Cedardale Road intersection. Approval of this increase ensures timely construction of the needed improvements to support the proposed development in the area. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

May 2012 July 2012 March 2013 July 2013


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a contract with John Burns Construction Company of Texas, Inc. for the installation of water and wastewater mains at 46 locations and 59 point repairs on September 8, 2010, by Resolution No. 10-2308. Authorized an economic development grant agreement with L'Oreal USA S/D, Inc. to provide support of a new commercial warehouse distribution facility near Telephone Road and Dallas Avenue in accordance with the City's Public/Private Partnership Program on September 26, 2012, by Resolution No. 12-2396. Authorized an infrastructure cost participation agreement with Ridge South Dallas I, LLC for necessary public infrastructure and other land development costs for property near Telephone Road and Dallas Avenue on September 26, 2012, by Resolution No. 12-2397. FISCAL INFORMATION $727,655.00 - 1998 Bond Funds Construction Contract Change Order No. 1 (this action)

$ 7,223,023.90 $ 727,655.00

Total Project Cost

$ 7,950,678.90

M/WBE INFORMATION See attached ETHNIC COMPOSITION John Burns Construction Company of Texas, Inc. Hispanic Female Black Female Other Female White Female

0 0 0 3

Hispanic Male Black Male Other Male White Male

38 0 0 21

Agenda Date 02/27/2013 - page 2


OWNER John Burns Construction Company of Texas, Inc. William O'Malley, Owner MAP Attached

Agenda Date 02/27/2013 - page 3


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize an increase in the contract with John Burns Construction Company of Texas, Inc. for additional work associated with the construction of approximately 1,575 feet of 27-inch and 30-inch wastewater mains - Not to exceed $727,655, from $7,223,024 to $7,950,679 - Financing: 1998 Bond Funds John Burns Construction Company of Texas, 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 - THIS ACTION ONLY Amount Local contracts Non-local contracts

$690,555.00 $37,100.00

TOTAL THIS ACTION

$727,655.00

Percent 94.90% 5.10%

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

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

100.00%

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

Certification

Bussey Trucking, Inc. J.E. Guzman Construction, Inc. Magnum Manhole & Underground Company

BMMB53756Y0613 HMMB52485N0213 WFDB52505Y0213

Amount

Percent

$20,910.00 $7,750.00 $17,688.00

3.03% 1.12% 2.56%

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

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

Amount

Percent

$21,105.00 $15,795.00

56.89% 42.57%

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

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

$46,348.00

Total Minority - Local

6.71%

Non-Local Contractors / Sub-Contractors Non-local

Certification

Shea Services, Inc. USA SWPPP Inspections, Inc. dba USA Erosion

WFDB54407Y0613 WFDB54569Y0813

Total Minority - Non-local

$36,900.00

99.46%


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY Page 2

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

$20,910.00 $7,750.00 $0.00 $0.00 $54,588.00

Total

$83,248.00

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

Participation to Date Amount Percent

2.87% 1.07% 0.00% 0.00% 7.50%

$363,430.00 $232,680.00 $0.00 $0.00 $1,306,717.00

11.44%

$1,902,827.00

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

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

4.57% 2.93% 0.00% 0.00% 16.44%

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

23.93%


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N/A Water Main 27" and 30" Wastewater Main Mapsco: 76 D Council District: 8

Council District 8

A RD

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BONNIE VIEW RD

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RD

CLEVELAND RD

Easement east of Bonnie View Road from Langdon Road north

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Council District: 8 10 9

2 14 1 3

7 5

4 8

PID: 5623

Water Utilities Department Contract No. 10-081/082, Change Order No. 1 Wastewater Main Installations along Bonnie View Road

1 of 1


COUNCIL CHAMBER

February 27, 2013 WHEREAS, on September 8, 2010, the City Council awarded Contract No. 10-081/082 in the amount of $7,223,023.90 by Resolution No. 10-2308, to John Burns Construction Company of Texas, Inc., 655 East Main Street, Lewisville, Texas 75067, for the installation of water and wastewater mains at 46 locations and 59 point repairs; and, WHEREAS, on September 26, 2012, Resolution No. 12-2396 authorized a Chapter 380 economic development grant agreement with L’Oreal USA S/D, Inc. related to the construction of its new distribution facility and job creation near Telephone Road and Dallas Avenue; and, WHEREAS, on September 26, 2012, Resolution No. 12-2397 authorized an infrastructure cost participation agreement with Ridge South Dallas I, LLC in order to promptly complete the contemplated public improvements and to facilitate the new private development in the area; and, WHEREAS, a wastewater main needs to be constructed in order to serve the southern area of Dallas currently under development by Ridge South Dallas I, LLC, and L’Oreal USA S/D, Inc.; and, WHEREAS, John Burns Construction Company of Texas, Inc. has submitted an acceptable proposal for this additional work; and, WHEREAS, the Water Utilities Department recommends that Contract No. 10-081/082 be increased by $727,655.00, from $7,223,023.90 to $7,950,678.90. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the proposed Change Order No. 1 be accepted and that Contract No. 10-081/082 with John Burns Construction Company of Texas, Inc., be revised accordingly. Section 2. That the City Controller be and is hereby authorized to disburse funds in an amount not to exceed $727,655.00 from the Economic Development Bond Fund as follows: FUND DEPT UNIT 0P52 PBW P748

ACT OBJ PRO ENCUMBRANCE VENDOR ECBD 4560 PB98P748 PBW98P748E1 199054

John Burns Construction Company of Texas, Inc. - $114,120.00


COUNCIL CHAMBER

February 27, 2013 FUND DEPT UNIT 8P52 PBW P748

ACT OBJ PRO ENCUMBRANCE VENDOR ECBD 4560 PB98P748 PBW98P748E1 199054

John Burns Construction Company of Texas, Inc. - $447,658.00 FUND DEPT UNIT 9P52 PBW P748

ACT OBJ PRO ENCUMBRANCE VENDOR ECBD 4560 PB98P748 PBW98P748E1 199054

John Burns Construction Company of Texas, Inc. - $165,877.00 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 56

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

1, 2, 3, 4, 5, 6, 7, 8

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

23B 39N 42K L M T 43M U 46G L M Q R S T U V W X Y Z 47J K N S W 48T 52F 53M 55F G K L N P Q U W Z 56C D G S T V W 57R 58J 64Z 65A B D F K 66A C U W X 68C 69D 76A H

________________________________________________________________

SUBJECT Authorize the quitclaim of 98 99 properties acquired by the taxing authorities from the Sheriff's Sale to the highest bidders (list attached) – Revenue: $518,586 $525,736 BACKGROUND This item authorizes the quitclaim of 98 99 properties that were foreclosed by the Sheriff’s Department for unpaid taxes pursuant to judgments or seizure warrants from a District Court. These properties are being sold to the highest bidders and will return to the tax rolls upon conveyance. Successful bidders are required to sign a certification stating that they are not purchasing these properties on behalf of the foreclosed owners and that they have no debts owed to the City, no pending code violations, and are not chronic code violators. All properties were reviewed by the Housing Department for infill housing and were not desired for that program. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 23, 2013, this item was deferred by City Council. FISCAL INFORMATION Revenue: $518,586.22 $525,736


OWNERS Bell Building Systems, LLC James Bell, Managing Member Be Real Entertainment, Inc. Clinton Garland, President Lake View Contractors, LLC Barbara McGee, Managing Member Loring Corp. Harley T. Morris, President Malac Ltd. Calam GP, LLC, General Partner Yolanda Rodriguez, Managing Member Nextlots 4, LLC Lee J. Schmitt, Managing Member Portillo Investments, LLC Miguel Portillo, Managing Member Simple Faith International Melanie Cathey, President Star DFW Investments, Inc. Robert W. Ferrar, President Triptych Properties LLC Anne Findley, Managing Member Abdio Vergara Almaz Deberew Ana L. Villalobos B. G. Brewer Benita Beltran

Agenda Date 02/27/2013 - page 2


OWNERS (continued) Brian Feely Carol Dancy Celestino Flores Chuan Seng Tan Darlene Green Dawda Jobe Emmanuel Guerra Fernando Cepeda Fidel Guevara Florentino Lopez Fortino Garcia Frank Palacios Helen Barnett Ho Lao Irene Gonzalez James Tanghongs Jimmie Lee Hawkins Jr. Jose Del Bosque Jose Hernandez Jose E. Rodriguez Jose Rostro

Agenda Date 02/27/2013 - page 3


OWNERS (continued) Julio Soto Marcelo Palomo Maria L. Estrada Maria Schneider Maria Vergara Maribel Figueroa Maris Estrada Michael Smith Miguel Moreno Monica Martinez Monty Gamber Nancy Willson Oscar Garcia Oscar Mendoza Randy Willingham Rickey A. Williams Ryan Tole Scott Mendoza Selvin Crawford Shanikwa Wallace

Agenda Date 02/27/2013 - page 4


OWNERS (continued) Shantae Williams Stanley Wooden Victor Frank Alfaro Wendy Cobos Young Coder MAP Attached

Agenda Date 02/27/2013 - page 5


TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES

ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STREET ADDRESS HIGHEST BIDDER

VAC/ PARCEL  STRUCKOFF  #  IMP SIZE AMOUNT BIDS

MINIMUM HIGHEST BID  BID AMOUNT

DCAD

COUNCIL ZONING DISTRICT

711 South Acres Drive Ho Lao

I

0.202

$23,473.00

5

$6,000.00

$9,810.00

$43,260.00 R‐10(A)

8

1534 Adelaide Drive 1722 Alaska Avenue 4827 Baldwin Street

I V V

0.1721 0.1721 0.0941

$16,186.00 $10,730.00 $12,729.00

2 1 1

$3,025.00 $2,500.00 $250.00

$4,600.00 $2,500.00 $262.00

$26,650.00 R‐7.5(A) $13,000.00 R‐7.5(A) $28,560.00 PD 595

4 4 7

215 Beckleyside  Drive Jose Rostro

I

0.4591

$10,500.00

2

$2,500.00

$5,000.00

$27,280.00 R‐7.5(A)

8

2026 Berwick Avenue

Fernando Cepeda

V

0.1931

$27,557.00

2

$250.00

$450.00

$12,000.00 R‐7.5(A)

4

1820 Berwick Avenue

Fernando Cepeda

V

0.1779

$15,838.00

2

$250.00

$450.00

$76,650.00 R‐7.5(A)

4

Fidel Guevara

I

0.2234

$29,250.00

1

$3,000.00

$4,000.00

$18,950.00 R‐7.5(A)

8

Jose Del Bosque Victor Frank Alfaro Almaz Deberew Jimmie Lee Hawkins Jr.

V V I I

0.1767 0.1305 0.1262 0.1488

$2,000.00 $1,962.00 $9,530.00 $17,344.00

1 2 3 3

$500.00 $250.00 $2,000.00 $3,250.00

$500.00 $276.00 $2,101.22 $4,500.00

$2,000.00 $4,000.00 $18,030.00 $27,340.00

7 7 7 7

2400 Catherine Street Chuan Seng Tan

I

0.201

$52,898.00

12

$20,000.00

$42,500.00

$164,510.00 CR

1

1212 Comanche Street Lake View Contractors, LLC

V

0.189

$4,120.00

1

$250.00

$313.00

$4,120.00 CR

7

1209 Comanche Street Malac Ltd.

V

0.1243

$8,902.00

1

$250.00

$255.00

$9,500.00 CR

7

1216 Comanche Street Malac Ltd.

V

0.1192

$9,500.00

1

$250.00

$255.00

$9,500.00 CR

7

1344 Compton Street

V

0.09341

$14,020.00

1

$250.00

$251.00

$9,780.00 R‐5(A)

4

3907 Copeland Avenue Portillo Investments, LLC

I

0.1434

$6,580.00

3

$1,750.00

$4,100.00

$29,550.00 PD 595

7

4214 Copeland Avenue Brian Feely & Ryan Tole

I

0.0918

$13,397.00

3

$2,500.00

$2,831.00

$37,190.00 PD 595

7

4925 Crozier Street 7829 Doak Street 3602 Dunbar Street 2937 Eagle Drive

V I I V

0.0426 0.3103 0.1262 0.2203

$4,640.00 $19,135.00 $12,491.00 $13,000.00

1 6 5 2

$250.00 $7,000.00 $4,500.00 $250.00

$500.00 $15,000.00 $7,280.00 $276.00

$1,800.00 $68,540.00 $23,420.00 $13,000.00

7 8 7 4

5000 East Side Avenue James Tanghongs

V

0.1285

$10,996.00

1

$500.00

$865.00

2733 Easter Avenue

I

0.1603

$28,743.00

6

$5,000.00

$17,000.00

8829 Bonnie View  Road 2907 Brigham Lane 2918 Brigham Lane 2811 Burger  Avenue 3721 Carl Street

Shantae Williams Jose Hernandez Simple Faith International

Monty Gamber

Darlene Green Oscar Garcia Fortino Garcia Scott Mendoza

Helen Barnett

PD 595 PD 595 PD 595 PD 595

PD 595 R‐7.5(A) PD 595 R‐7.5(A)

$44,800.00 D(A)

2

$27,860.00 R7.5(A)

4


TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES

ITEM # 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53

STREET ADDRESS HIGHEST BIDDER 2724 Easter Avenue 2749 Easter Avenue 6520 Elam Road 2523 Exeter Drive 2303 Exeter Drive 1625 South Fitzhugh  Avenue 2667 Fordham Road 2839 Fordham Road

VAC/ PARCEL  STRUCKOFF  #  IMP SIZE AMOUNT BIDS

MINIMUM HIGHEST BID  BID AMOUNT

Malac Ltd. Oscar Mendoza Next Lots 4 L.L.C. Star DFW Investments, Inc. Celestino Flores

V I V I I

0.1704 0.2148 0.6244 0.1664 0.1636

$14,000.00 $25,801.00 $15,000.00 $19,822.00 $16,413.00

2 2 1 1 4

$250.00 $4,825.00 $5,000.00 $3,700.00 $3,075.00

$255.00 $8,765.00 $7,150.00 $3,801.00 $5,850.00

Loring Corp.

V

0.2008

$12,000.00

1

$5,000.00

$5,500.00

Malac Ltd. Scott Mendoza

V V

0.1763 0.4214

$34,913.00 $11,846.00

1 2

$250.00 $250.00

$255.00 $276.00

2715 Foreman Street

Shanikwa Wallace

I

0.2148

$20,600.00

2

$3,850.00

$4,100.00

3429 Forney Road 5315 Forney Road 4321 Frank Stret 2908 Gay Street

Fortino Garcia Miguel Moreno Carol Dancy Be Real Entertainment, Inc.

V I I I

0.1164 0.185 0.1435 0.0785

$5,553.00 $12,879.00 $12,223.00 $10,715.00

1 3 1 1

$1,000.00 $4,800.00 $2,300.00 $2,500.00

$1,160.00 $14,759.00 $2,300.00 $3,250.00

1406 Georgia Avenue

Michael Smith

I

0.2858

$24,683.00

1

$4,625.00

$6,000.00

1338 Glidden Street

Malac Ltd.

V

0.0902

$10,652.00

1

$250.00

V

0.1434

$14,157.00

1

Abdio Vergara

I

0.1217

$21,871.00

Malac Ltd. Selvin Crawford Fortino Garcia Maribel Figueroa Triptych Properties LLC Malac Ltd.

V I V I I V

0.1629 0.1496 0.1418 0.1434 0.1951 0.1905

2110 Hulse Boulevard Ana L. Villalobos

I

3615 Ingersoll Street

Loring Corp.

719 Jonelle Avenue

Next Lots 4 L.L.C.

DCAD $11,000.00 $38,770.00 $15,000.00 $49,000.00 $23,220.00

COUNCIL ZONING DISTRICT R‐7.5(A) R‐7.5(A) R‐7.5(A) R‐7.5(A) R‐7.5(A)

4 4 5 4 4

$8,750.00 MF‐2(A)

7

$49,900.00 R‐5(A) $15,000.00 R‐5(A)

4 4

$20,410.00 PD 595

7

$6,950.00 $38,880.00 $26,010.00 $18,250.00

7 7 7 7

CS LI PD 595 PD 595

$35,350.00 R‐7.5(A)

4

$255.00

$11,500.00 R‐5(A)

4

$250.00

$262.00

$19,370.00 PD 595

7

1

$4,100.00

$7,575.00

$49,280.00 D(A)

7

$17,231.00 $6,788.00 $16,343.00 $12,238.00 $48,033.00 $633.00

1 5 2 2 2 1

$250.00 $1,750.00 $250.00 $3,000.00 $18,000.00 $250.00

$255.00 $5,012.00 $310.00 $4,502.00 $24,750.00 $255.00

$6,780.00 $12,540.00 $9,360.00 $21,480.00 $61,510.00 $4,000.00

PD 595 PD 595 PD 595 PD 595 R‐7.5(A) PD 595

7 7 7 7 7 7

0.2008

$19,644.00

1

$3,675.00

$3,700.00

$26,480.00 R‐7.5(A)

7

v

0.1033

$9,417.00

2

$2,000.00

$2,500.00

$12,000.00 R‐5(A)

6

V

0.1308

$15,000.00

2

$2,000.00

$2,150.00

$15,000.00 R‐7.5(A)

5

2552 Kathleen Avenue Be Real Entertainment, Inc.

I

0.157

$13,532.00

1

$4,600.00

$7,176.00

$18,550.00 R‐5(A)

4

3461 Kellogg Avenue

I

0.1731

$18,575.00

2

$7,500.00

$7,860.00

$38,560.00 R‐5(A)

4

4427 Hamilton Avenue Simple Faith International 4606/4608 Hamilton  Avenue 3711 Hancock Street 2411 Harding Street 2819 Hatcher Street 2626 Hatcher Street 2703 Hillglenn Road 2246 Hooper Street

Fortino Garcia


TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES

ITEM # 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78

STREET ADDRESS HIGHEST BIDDER

VAC/ PARCEL  STRUCKOFF  #  IMP SIZE AMOUNT BIDS

MINIMUM HIGHEST BID  BID AMOUNT

DCAD

COUNCIL ZONING DISTRICT

2902 Kilburn Avenue

Be Real Entertainment, Inc.

I

0.1721

$13,822.00

6

$3,000.00

$6,400.00

$30,440.00 R‐5(A)

5

2730 Lagow Street 3307 East Ledbetter  Drive

Marcelo Palomo

I

0.132

$27,672.00

6

$5,175.00

$7,501.00

$67,500.00 PD 595

7

Fortino Garcia

V

0.2042

$8,400.00

1

$2,500.00

$2,526.00

$8,400.00 R‐10(A)

5

V

0.1703

$10,884.00

1

$3,500.00

$3,650.00

$12,700.00 R‐7.5(A)

5

Malac Ltd.

V

0.2005

$6,000.00

1

$250.00

$255.00

$11,500.00 R‐7.5(A)

4

Malac Ltd.

V

0.1894

$29,849.00

1

$250.00

$255.00

$45,140.00 R‐7.5(A)

4

Next Lots 4 L.L.C.

V

0.2685

$12,500.00

2

$250.00

$750.00

$12,500.00 R‐7.5(A)

4

V

0.1028

$804.00

4

$500.00

$2,375.00

$7,610.00 R‐5(A)

3

Stanley Wooden

I

0.0701

$26,276.00

1

$4,925.00

$5,000.00

$46,770.00 PD 595

7

Dawda Jobe Nancy Willson Portillo Investments, LLC

V I I

0.2947 0.4421 0.1652

$47,840.00 $41,610.00 $20,481.00

2 1 3

$250.00 $20,000.00 $3,825.00

$350.00 $25,000.00 $4,100.00

$39,590.00 R‐7.5(A) $41,610.00 R‐7.5(A) $42,250.00 PD 595

8 8 7

1722 Morrell Avenue

Victor Frank Alfaro

V

0.1767

$1,836.00

1

$250.00

$276.00

$9,500.00 MF‐2(A)

7

4032 Myrtle Street 2925 Nandina Drive 5518 Nomas Street 3712 Olney Court

Julio Soto Fortino Garcia Loring Corp. Bell Building Systems, LLC

I I V I

0.1664 0.3902 0.222 0.1454

$11,604.00 $35,697.00 $14,138.00 $24,871.00

5 1 1 3

$2,175.00 $8,500.00 $3,500.00 $6,000.00

$3,120.00 $8,612.00 $4,000.00 $9,999.00

V

0.1894

$6,000.00

1

$250.00

$262.00

$6,000.00 PD 595

7

Emmanuel Guerra

I

0.1515

$13,512.00

1

$2,500.00

$3,001.00

$24,750.00 PD 595

7

Florentino Lopez Loring Corp.

I v

0.1285 0.6666

$14,163.00 $16,900.00

4 5

$2,650.00 $4,000.00

$5,200.00 $15,100.00

$20,100.00 PD 595 $16,900.00 R‐7.5(A)

7 5

I

0.2008

$24,676.00

1

$6,000.00

$8,130.00

$32,110.00 R‐7.5(A)

4

Scott Mendoza

V

0.788

$20,000.00

1

$250.00

$276.00

$20,000.00 R‐7.5(A)

4

Young Coder Next Lots 4 L.L.C.

V V

0.1859 0.1444

$8,085.00 $1,672.00

5 2

$2,000.00 $500.00

$8,250.00 $1,750.00

$20,980.00 MF‐2(A) $6,320.00 R‐5(A)

3 7

1233 Lonsdale Avenue Next Lots 4 L.L.C. 1325 Lynn Haven  Avenue 3222 Maryland  Avenue 3813 Maryland  Avenue

2027 McBroom Street Frank Palacios 1611 Metropolitan  Avenue 3313 Mojave Drive 3131 Mojave Drive 4010 Montie Street

2311 Peabody Avenue Rickey A. Williams 3121 Pennsylvania  Avenue 2619 Pine Street 604 Pleasant Drive

1411 Presidio Avenue Fortino Garcia 2918 Prosperity  Avenue 2822 Remond Drive 1221 Ring Street

$26,440.00 $46,330.00 $18,000.00 $31,540.00

PD 595 R‐7.5(A) R‐5(A) R‐5(A)

7 8 6 8


TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES

ITEM # 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99

STREET ADDRESS HIGHEST BIDDER

VAC/ PARCEL  STRUCKOFF  #  IMP SIZE AMOUNT BIDS

MINIMUM HIGHEST BID  BID AMOUNT

4506 Roberts Avenue

Be Real Entertainment, Inc.

I

0.1182

$21,484.00

2

$4,025.00

$8,158.00

3515 Schuster Drive 4319 Spring Avenue 3319 Spring Avenue 3323 Spring Avenue

Randy Willingham Benita Beltran Maria L. Estrada Maria L. Estrada

I I V I

0.2713 0.09 0.1722 0.1721

$16,541.00 $28,645.00 $5,630.00 $11,440.00

6 1 2 1

$4,000.00 $5,375.00 $250.00 $2,000.00

3107 Spurlock Street

Triptych Properties LLC

I

0.1584

$61,489.00

2

1824 Stella Avenue 4649 Stokes Street 2530 Stovall Drive

B. G. Brewer Irene Gonzalez Be Real Entertainment, Inc.

I I I

0.1836 0.1374 0.1951

$32,253.00 $14,621.00 $17,695.00

V

0.1607

1223 Strickland Street Maria Schneider

DCAD

COUNCIL ZONING DISTRICT

$23,850.00 PD 595

7

$17,250.00 $8,500.00 $300.00 $2,480.00

$22,060.00 $31,100.00 $5,630.00 $11,990.00

6 7 7 7

$11,525.00

$15,000.00

$66,270.00 R‐7.5(A)

2

5 2 1

$6,000.00 $2,350.00 $3,325.00

$10,111.00 $4,000.00 $7,721.00

$66,690.00 R‐7.5(A) $12,570.00 R‐5(A) $28,130.00 R‐5(A)

4 4 4

$1,711.00

1

$500.00

$505.00

$11,500.00 R‐5(A)

4

$28,950.00 R‐5(A)

4

$11,000.00 $47,110.00 $12,000.00 $12,000.00

R‐7.5(A) R‐7.5(A) R‐5(A) R‐5(A)

4 4 6 6

CR PD 595 PD 595 PD 595

Monica Martinez & Jose E.  Rodriguez Fortino Garcia Fortino Garcia Young Coder Young Coder

I

0.1653

$12,907.00

3

$2,425.00

$5,075.00

V I V V

0.2298 0.2133 0.1721 0.1721

$6,817.00 $27,634.00 $8,199.00 $12,000.00

1 6 2 2

$1,000.00 $10,000.00 $2,000.00 $2,000.00

$1,180.00 $15,210.00 $7,250.00 $7,250.00

Loring Corp.

V

0.2008

$10,736.00

3

$2,000.00

$2,500.00

$12,500.00 R‐7.5(A)

6

Maria Vergara

I

0.2978

$65,870.00

1

$10,500.00

$15,199.00

$56,110.00 R‐7.5(A)

4

3811 Wendelkin Street Selvin Crawford

I

0.1825

$67,820.00

3

$5,500.00

$9,012.00

$29,250.00 PD 595

7

3523 Wendelkin Street Wendy Cobos

V

0.178

$4,500.00

2

$250.00

$399.00

$4,500.00 PD 595

7

3529 Wilhurt Avenue

Ana L. Villalobos

V

0.2387

$12,000.00

2

$250.00

$260.00

$12,000.00 MF‐2(A)

5

4218 York Street

Be Real Entertainment, Inc.

I

0.1229

$25,514.00

7

$4,775.00

$6,380.00

$36,770.00 PD 595

7

1315 Strickland Street 4907 Strobel Avenue 4903 Strobel Avenue 2210 Tallyho Lane 2214 Tallyho Lane 118 South Tatum  Avenue (Tract 2) 3007 Urban Avenue


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January 2013 Council Agenda â&#x20AC;˘

RealEstateAgendaMapPointsJanuary20 13 Highways Ramps and Access Roads Major Streets

1:142,571

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Sustainable Development & Construction

GIS Staff

Created: 1/03/2013


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the City of Dallas (“City”), the State of Texas (“State”), the County of Dallas, (“County”), and/or Dallas Independent School District (“DISD”) acquired Sheriff Deeds to properties (“Properties”) at a sheriff tax sale (“the First Sale”) authorized by a Judicial Foreclosure (“Judgment”) in a District Court in Dallas County, Texas. The Sheriff's Deeds were recorded in the real property records of Dallas County, Texas as described on “Exhibit A,” attached herein and incorporated by reference; and WHEREAS, pursuant to the Texas Attorney General Opinion No. JM-1232 and Section 34.05(a) of the Texas Property Tax Code, the City may re-sell the Properties (“the Second Sale”) subject to any right of redemption existing at the time of the Second Sale; and WHEREAS, pursuant to the provisions of Chapter 34, Section 34.05 of the Texas Property Tax Code, a taxing entity is authorized to re-sell the Properties (“the Second Sale”); and WHEREAS, by accepting its pro rata proceeds from the Second Sale, the State agrees to the transfer of Properties in which it has an interest; and WHEREAS, the City Manager, acting on behalf of the County pursuant to a County Commissioner’s Court Order, and acting on behalf of DISD pursuant to a School Board Resolution have the authority to execute Quitclaim Deeds to the purchasers of Properties at the Second Sale, and transfer any rights, title, or interests acquired or held by each taxing entity that was a party to the Judgment at the First Sale; and WHEREAS, the Properties were advertised in the Dallas Morning News on the dates indicated on Exhibit A; and WHEREAS, the City Council has previously approved the re-sale of other Properties where funds were not received, nor disbursed prior to the April 1, 2001 Tax Collection Consolidation with Dallas County; and WHEREAS, the distribution of the proceeds from the resale of the Properties will be in accordance with Chapter 34, Section 34.06 of the Texas Property Tax Code; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That upon receipt of the monetary consideration from the purchasers of the Properties listed on Exhibit A, and upon consent by the County and DISD, the City Manager upon approval as to form by the City Attorney and attested by the City Secretary, is hereby authorized to execute Quitclaim Deeds to the Properties, subject to any right of redemption, and in accordance with the written agreement of the terms, conditions, and release of the taxing entities.


COUNCIL CHAMBER

February 27, 2013 SECTION 2. That the consideration received from the Second Sale shall be distributed pursuant to Chapter 34, Section 34.06 of the Texas Property Tax Code, and applied to the payment of the court costs, interest, and cost of sale and applied to the amount of delinquent taxes, penalties, and municipal liens pursuant to the order of the court. SECTION 3. That all purchasers shall be responsible for the pro rata portion of property taxes for the remaining part of the current calendar year that will be assessed from the date of closing of the Second Sale. Purchasers shall also be responsible for any post judgment taxes, penalties and interest, pursuant to the Texas Property Tax Code. The Properties shall be replaced on the tax rolls as of the date of execution of Quitclaim Deeds. SECTION 4. That to the extent authorized by law, any liens securing taxes referenced in Section 2 above are hereby released. SECTION 5. That any and all proceeds from the Second Sale, including funds not received, nor disbursed prior to the April 1, 2001 Tax Collection Consolidation with Dallas County will be deposited to General Fund 0001, Department DEV, Balance Sheet Account 0519. SECTION 6. That upon receipt of the consideration from the Second Sale, the City Controller is authorized to disburse the proceeds in accordance with Chapter 34, Section 34.06 of the Texas Property Tax Code. Calculations for disbursements shall be provided by the Director of Sustainable Development and Construction to the City of Dallas Land Based Receivables, the Dallas County District Clerk, and the Dallas County Tax Office from the account specified in Section 5, above. SECTION 7. That upon receipt of the consideration from the Second Sale, the City Controller is authorized to disburse proceeds pursuant to Chapter 34, Section 34.06 of the Texas Property Tax Code. Calculations for disbursement shall be provided by the Director of Sustainable Development and Construction, and provided for properties previously approved for re-sale by the City Council, where funds have not been disbursed prior to the April 1, 2001 Tax Collection Consolidation with Dallas County from the account specified in Section 5, above. SECTION 8. That any procedures required by Section 2-24 of the Dallas City Code and not required by Texas state law are hereby waived with respect to this conveyance. SECTION 9. 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 TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES JANUARY 23, 2013 AGENDA

ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

STREET ADDRESS 711 S. ACRES 1534 ADELAIDE

LEGAL DESCRIPTION Lot 22B, Block 7786 Lot 9, Block 3/4344

OWNED BY  HIGHEST  VAC/I TAXING  DMN DATES  #  MINIMUM  BID  MP ENTITIES* ADVERTISEMENT BIDS BID AMOUNT I

1,2,3

I

1,2,3

1722 ALASKA

Lot 13, Block 6/3628

V

1,2,3

4827 BALDWIN

Lot 7, Block 2426

V

1,2,3

215 BECKLEYSIDE 

Lot 16, Block B/7597

I

1,2,3

2026 BERWICK

Lot G, Block 23/4508

V

1,2,3

1820 BERWICK

Lot H, Block 25/4936

V

1,2,3

8829 BONNIE VIEW

Lot 6, Block /8282

I

1,2,3

2907 BRIGHAM 

Lot 13, Block 3/2496

V

1,2,3

2918 BRIGHAM

E. 1/2 of Lot 8 & W. 1/2 Lot of  9, Block 1/250

V

1,2,3

I

1,2,3

I

1,2,3

2811 BURGER  3721 CARL 

Lot 13, Block C/1968 Part of Lot 4, Block E

2400 CATHERINE 

Lot 28, Block 4/3487

I

1,2,3

1212 COMANCHE 

Tract 6, Block 5887

V

1,2,3

V

1,2,3

V

1,2,3

V

1,2,3

1209 COMANCHE  1216 COMANCHE  1344 COMPTON 

Part of Lots 1 and 2, Block  1/5883 Part of Lots 2, 3 and 4, Block  1/5883 Lot 5, Block C/3391

11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012

HIGHEST BIDDER

5

$6,000.00

$9,810.00

Ho Lao

2

$3,025.00

$4,600.00

Shantae Williams

1

$2,500.00

$2,500.00

Jose Hernandez

1

$250.00

$262.00

2

$2,500.00

$5,000.00

2

$250.00

$450.00

Fernando Cepeda

2

$250.00

$450.00

Fernando Cepeda

1

$3,000.00

$4,000.00

1

$500.00

$500.00

Jose Del Bosque

2

$250.00

$276.00

Victor Frank Alfaro

3

$2,000.00

$2,101.22

Almaz Deberew

3

$3,250.00

$4,500.00

Jimmie Lee Hawkins Jr.

12

$20,000.00

$42,500.00

Chuan Seng Tan

1

$250.00

$313.00

Lake View Contractors, LLC

1

$250.00

$255.00

Malac Ltd.

1

$250.00

$255.00

Malac Ltd.

1

$250.00

$251.00

Monty Gamber

Simple Faith International Jose Rostro

Fidel Guevara


EXHIBIT A TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES JANUARY 23, 2013 AGENDA

ITEM # 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

STREET ADDRESS 3907 COPELAND  4214 COPELAND 4925 CROZIER

LEGAL DESCRIPTION Lot 7, Block 1837 Lot 4, Parts of Block 1855,  1839 & 1856 Part of Lots 11 and 12, Block  7/2530

OWNED BY  HIGHEST  VAC/I TAXING  DMN DATES  #  MINIMUM  BID  MP ENTITIES* ADVERTISEMENT BIDS BID AMOUNT I

1,2,3

I

1,2,3

V

1,2,3

7829 DOAK 

Lot 23, Block 7958

I

1,2,3

3602 DUNBAR 

Lot 28, Block 1/1960

I

1,2,3

2937 EAGLE 

Lot 38, Block A/6086

V

1,2,3

5000 EAST SIDE 

Lot 1, Block 4/1418

V

1,2,3

2733 EASTER

Lot 9, Block J/5856

I

1,2,3

2724 EASTER 

Lot 7, Block K/5856

V

1,2,3

I

1,2,3

V

1,2,3

I

1,2,3

2749 EASTER 6520 ELAM  2523 EXETER 

Lot 13 & the N. 20 Ft. of Lot  14, Block J/5856 119.95x200 Ft. Tract of Cripple  Creek, Block 6261 Lot 17, Block 1/5852

2303 EXETER

Lot 15, Block 2/5853

I

1,2,3

1625 S. FITZHUGH

Lot 23, Block A/1446

V

1,2,3

2667 FORDHAM 

Lot 16, Block 18/5855

V

1,2,3

2839 FORDHAM

Lot 7, Block 6080

V

1,2,3

I

1,2,3

2715 FOREMAN 

Lot 10, Block C/1854

11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012

HIGHEST BIDDER

3

$1,750.00

$4,100.00

Portillo Investments, LLC

3

$2,500.00

$2,831.00

Brian Feely & Ryan Tole

1

$250.00

$500.00

6

$7,000.00

$15,000.00

Oscar Garcia

5

$4,500.00

$7,280.00

Fortino Garcia

2

$250.00

$276.00

Scott Mendoza

1

$500.00

$865.00

James Tanghongs

6

$5,000.00

$17,000.00

2

$250.00

$255.00

2

$4,825.00

$8,765.00

Oscar Mendoza

1

$5,000.00

$7,150.00

Nextlots 4, LLC

1

$3,700.00

$3,801.00

Star DFW Investments, Inc.

4

$3,075.00

$5,850.00

Celestino Flores

1

$5,000.00

$5,500.00

Loring Corp.

1

$250.00

$255.00

Malac Ltd.

2

$250.00

$276.00

Scott Mendoza

2

$3,850.00

$4,100.00

Darlene Green

Helen Barnett Malac Ltd.

Shanikwa Wallace


EXHIBIT A TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES JANUARY 23, 2013 AGENDA

ITEM # 35 36 37

STREET ADDRESS 3429 FORNEY 

59x186 Ft. Tract of Sunrise  Heights Annex, Block 2642

V

1,2,3

5315 FORNEY 

Lot 35, Block 5800

I

1,2,3

4321 FRANK 

Lot 16, Block H/1852

I

1,2,3

2908 GAY 

SE 16 Ft. of Lot 18 & Entire NW  19.5 Ft. of Lot 19, Block  B/1855

I

1,2,3

1406 GEORGIA

Lot 1, Block 43/3717

I

1,2,3

1338 GLIDDEN

Part of Lot 8, Block C/3391

V

1,2,3

4427 HAMILTON 

Lot 7, Block 2446

V

1,2,3

4606/4608 HAMILTON Lot 13, Block 1/2615

I

1,2,3

3711 HANCOCK 

Lot 9, Block A/4457

V

1,2,3

2411 HARDING 

Lot 3, Block 7/2530

I

1,2,3

2819 HATCHER 

Lot 25, Block 2/1774

V

1,2,3

2626 HATCHER 

Part of Lot 14, Block B/2480

I

1,2,3

2703 HILLGLENN 

Lot 44, Block C/7311

I

1,2,3

2246 HOOPER 

Lots 47 & 48, Block 2/2534

V

1,2,3

2110 HULSE

Lot 3‐B, Block B/5895

I

1,2,3

3615 INGERSOLL 

Lot 30, Block A/7164

v

1,2,3

38 39 40 41 42 43

LEGAL DESCRIPTION

OWNED BY  HIGHEST  VAC/I TAXING  DMN DATES  #  MINIMUM  BID  MP ENTITIES* ADVERTISEMENT BIDS BID AMOUNT

44 45 46 47 48 49 50

11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012

HIGHEST BIDDER

1

$1,000.00

$1,160.00

Fortino Garcia

3

$4,800.00

$14,759.00

Miguel Moreno

1

$2,300.00

$2,300.00

Carol Dancy

1

$2,500.00

$3,250.00 Be Real Entertainment, Inc.

1

$4,625.00

$6,000.00

1

$250.00

$255.00

Malac Ltd.

1

$250.00

$262.00

Simple Faith International

1

$4,100.00

$7,575.00

1

$250.00

$255.00

11/25/2012 &  11/26/2012

5

$1,750.00

$5,012.00

11/25/2012 & 

2

$250.00

$310.00

2

$3,000.00

$4,502.00

Maribel Figueroa

2

$18,000.00

$24,750.00

Triptych Properties LLC

1

$250.00

$255.00

1

$3,675.00

$3,700.00

Ana L. Villalobos

2

$2,000.00

$2,500.00

Loring Corp.

11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012

11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012

Michael Smith

Abdio Vergara Malac Ltd. Selvin Crawford Fortino Garcia

Malac Ltd.


EXHIBIT A TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES JANUARY 23, 2013 AGENDA

ITEM # 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67

STREET ADDRESS

LEGAL DESCRIPTION

OWNED BY  HIGHEST  VAC/I TAXING  DMN DATES  #  MINIMUM  BID  MP ENTITIES* ADVERTISEMENT BIDS BID AMOUNT

719 JONELLE 

Lot 32, Block L/6256

V

1,2,3

2552 KATHLEEN 

Lot 18, Block 15/5855

I

1,2,3

3461 KELLOGG

Lot 15, Block K/6078

I

1,2,3

2902 KILBURN 

Lot 11, Block 2/5843

I

1,2,3

2730 LAGOW

Lot 3, Block E/1854

I

1,2,3

3307 E. LEDBETTER 

Lot 6B, Block 0011

V

1,2,3

1233 LONSDALE 

Lot 4, Block D/6243

V

1,2,3

1325 LYNN HAVEN

Lot 5, Block C/3582

V

1,2,3

3222 MARYLAND 

S. 22 1/2 Ft. of Lot 6 & N. 32  1/2 of Lot 7, Block 19/5999

V

1,2,3

3813 MARYLAND 

Lot 5, Block A/6005

V

1,2,3

2027 MCBROOM 

E. 30 Ft. of Lot 9 and W. 9 Ft.  of Lot 10, Block 22/7127

V

1,2,3

I

1,2,3

V

1,2,3

I

1,2,3

1611 METROPOLITAN Lots 11 & 12, Block 3/1200 3313 MOJAVE  3131 MOJAVE 

Mid Part of Lot 4, Block  26/7614 SW Part of Lot 6,  Block  20/7614

4010 MONTIE 

Lot 2, Block D/4478

I

1,2,3

1722 MORRELL 

Lot 5, Block 3/5896

V

1,2,3

4032 MYRTLE 

Lot 9, Block 1744

I

1,2,3

11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012

HIGHEST BIDDER

2

$2,000.00

$2,150.00

Nextlots 4, LLC

1

$4,600.00

$7,176.00 Be Real Entertainment, Inc.

2

$7,500.00

$7,860.00

6

$3,000.00

$6,400.00 Be Real Entertainment, Inc.

6

$5,175.00

$7,501.00

Marcelo Palomo

1

$2,500.00

$2,526.00

Fortino Garcia

1

$3,500.00

$3,650.00

Nextlots 4, LLC

1

$250.00

$255.00

Malac Ltd.

1

$250.00

$255.00

Malac Ltd.

2

$250.00

$750.00

Nextlots 4, LLC

4

$500.00

$2,375.00

Frank Palacios

1

$4,925.00

$5,000.00

Stanley Wooden

2

$250.00

$350.00

1

$20,000.00

$25,000.00

Nancy Willson

3

$3,825.00

$4,100.00

Portillo Investments, LLC

1

$250.00

$276.00

5

$2,175.00

$3,120.00

Fortino Garcia

Dawda Jobe

Victor Frank Alfaro Julio Soto


EXHIBIT A TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES JANUARY 23, 2013 AGENDA

ITEM # 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84

STREET ADDRESS

LEGAL DESCRIPTION

OWNED BY  HIGHEST  VAC/I TAXING  DMN DATES  #  MINIMUM  BID  MP ENTITIES* ADVERTISEMENT BIDS BID AMOUNT

2925 NANDINA 

W. 33.5 Ft. of Lot 5 & E. 35 Ft.  of Lot 6, Block 16/7614

I

1,2,3

5518 NOMAS 

Lot 3, Block F

V

1,2,3

3712 OLNEY

Lot 23, Block 2/8294

I

1,2,3

2311 PEABODY 

Lots 15 & 16, Block 17/1298

V

1,2,3

3121 PENNSYLVANIA 

Part Lot 14, Block 1351

I

1,2,3

2619 PINE 

Lot 14, Block B/1743

I

1,2,3

604 PLEASANT 

A 112x264 Ft. Parcel out of  Tract 5

v

1,2,3

1411 PRESIDIO

Lot 11, Block 14/4066

I

1,2,3

2918 PROSPERITY

Lot 71, Block 6080

V

1,2,3

2822 REMOND 

Lot 1, Block A/6163

V

1,2,3

1221 RING 

Lot 7, Block K/1466

V

1,2,3

4506 ROBERTS

Lot 2, Block B/1775

I

1,2,3

3515 SCHUSTER 

Lot 15, Block 3/7160

I

1,2,3

4319 SPRING 

Lot 8, Block B/1854

I

1,2,3

3319 SPRING 

Lot 17, Block 5/1789

V

1,2,3

3323 SPRING 

Lot 16, Block 5/1789

I

1,2,3

3107 SPURLOCK 

Lot 22, Block F/2136

I

1,2,3

11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012

HIGHEST BIDDER

1

$8,500.00

$8,612.00

Fortino Garcia

1

$3,500.00

$4,000.00

Loring Corp.

3

$6,000.00

$9,999.00

Bell Building Systems, LLC

1

$250.00

$262.00

Rickey A. Williams

1

$2,500.00

$3,001.00

Emmanuel Guerra

4

$2,650.00

$5,200.00

Florentino Lopez

5

$4,000.00

$15,100.00

Loring Corp.

1

$6,000.00

$8,130.00

Fortino Garcia

1

$250.00

$276.00

Scott Mendoza

5

$2,000.00

$8,250.00

Young Coder

2

$500.00

$1,750.00

Nextlots 4, LLC

2

$4,025.00

6

$4,000.00

$17,250.00

Randy Willingham

1

$5,375.00

$8,500.00

Benita Beltran

2

$250.00

$300.00

Maria L. Estrada

1

$2,000.00

$2,480.00

Maria L. Estrada

2

$11,525.00

$15,000.00

Triptych Properties LLC

$8,158.00 Be Real Entertainment, Inc.


EXHIBIT A TAX FORECLOSED AND SEIZURE WARRANT PROPERTY RESALES JANUARY 23, 2013 AGENDA

ITEM # 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99

STREET ADDRESS

LEGAL DESCRIPTION

OWNED BY  HIGHEST  VAC/I TAXING  DMN DATES  #  MINIMUM  BID  MP ENTITIES* ADVERTISEMENT BIDS BID AMOUNT

1824 STELLA

NE 35 Ft. of Lot 22 & SW 15 Ft.  of Lot 23, Block 23/4508

I

1,2,3

4649 STOKES

Lot 5B, Block 4/7641

I

1,2,3

2530 STOVALL

Lot 43, Block H/6078

I

1,2,3

1223 STRICKLAND 

Lot 9, Block D/3396

V

1,2,3

1315 STRICKLAND

Lot 26, Block 17/3577

I

1,2,3

4907 STROBEL 

Lot I‐2, Block 10/4351

V

1,2,3

4903 STROBEL 

Lot I‐1, Block 10/4351

I

1,2,3

2210 TALLYHO 

Lot 22, Block 33/7180

V

1,2,3

2214 TALLYHO 

Lot 21, Block 33/7180

V

1,2,3

118 S. TATUM  (Tract 2)

Lot 18, Block 23/8342

V

1,2,3

3007 URBAN

Lot 16, Block /5821

I

1,2,3

3811 WENDELKIN 

Lot 8, Block 2/1212

I

1,2,3

3523 WENDELKIN 

Part of Lot 5, Block 6/1186

V

1,2,3

3529 WILHURT

Part of Lot 19, Block 8617

V

1,2,3

4218 YORK 

Lot 5, Block A/4474

I

1,2,3

11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012 11/25/2012 &  11/26/2012

HIGHEST BIDDER

5

$6,000.00

$10,111.00

B. G. Brewer

2

$2,350.00

$4,000.00

Irene Gonzalez

1

$3,325.00

$7,721.00 Be Real Entertainment, Inc.

1

$500.00

$505.00

3

$2,425.00

$5,075.00

Monica Martinez & Jose E.  Rodriguez

1

$1,000.00

$1,180.00

Fortino Garcia

6

$10,000.00

$15,210.00

Fortino Garcia

2

$2,000.00

$7,250.00

Young Coder

2

$2,000.00

$7,250.00

Young Coder

3

$2,000.00

$2,500.00

Loring Corp.

1

$10,500.00

$15,199.00

Maria Vergara

3

$5,500.00

$9,012.00

Selvin Crawford

2

$250.00

$399.00

Wendy Cobos

2

$250.00

$260.00

Ana L. Villalobos

7

$4,775.00

Maria Schneider

$6,380.00 Be Real Entertainment, Inc.


KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

9, 13

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 57

26 T and U

________________________________________________________________

SUBJECT Authorize the use of $445,000 in Vickery Meadow TIF funds as the required matching funds for the City’s HUD Sustainable Communities Grant to support the development of affordable housing in the Vickery Meadow TIF District – Not to exceed $445,000 – Financing: Vickery Meadow TIF District Funds BACKGROUND The City of Dallas was awarded a Community Challenge Planning Grant on October 20, 2010, under the Notice of Funding Availability for the Department of Housing and Urban Development’s Community Challenge Planning Grants and the Department of Transportation’s TIGER II Planning Grants. The funds are to be used for the planning and predevelopment activities related to the development of affordable housing near Dallas Area Rapid Transit (DART) stations. Under this grant $2,225,000 is available for planning, land acquisition and preconstruction during a three year period. The grant requires a 20% ($445,000) match. Overall, the grant focuses on three different DART lines, Red, Green and Blue, anchored by seven transit stations: VA Medical Center, Kiest, Martin Luther King (MLK), Hatcher, Buckner, Park Lane and Walnut Hill. On December 14, 2011, the City approved a contract with Fregonese Associates to conduct planning exercises at these five station areas. Fregonese completed five station area plans and also identified catalyst projects for each of the station areas. These catalyst projects were designed to be implemented in the short term and bring new housing and mixed use activity to each station area. The proposed catalyst project for Vickery Meadow would be anchored by a new Dallas Public Library and also contains approximately 200 apartment units, of which a minimum of 20% would be affordable. It would be constructed on property that is currently city-owned. An RFP to solicit developers for this project is expected to be issued in February.


BACKGROUND (Continued) Through these grant activities, the City is supporting HUD’s livability principles of promoting equitable, affordable housing, enhancing economic competitiveness by providing access to employment centers, educational opportunities, services and other basic needs by workers, and supporting existing communities by targeting federal funds for projects that embrace transit-oriented, mixed-use development and land recycling. On January 16, 2013, the Vickery Meadow TIF board recommended City Council authorization of $445,000 in Vickery Meadow TIF District funds to be used to support the Vickery Meadow catalyst project, encourage the development of mixed income housing in the Vickery Meadow TIF District and serve as the match for the federal grant. PRIOR ACTION/REVIEW (COUNCIL. BOARDS, COMMISSIONS) On April 27, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Nine, the Vickery Meadow TIF District by Ordinance No. 25964. On December 14, 2005, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Vickery Meadow TIF District by Ordinance No. 26181. On January 26, 2011, the City accepted the Community Challenge Planning Grant from the U.S. Department of Housing and Urban Development’s Office of Sustainable Housing and Communities for planning and land acquisition related to affordable housing and Transit Oriented Development by Resolution No. 11-0260. On January 16, 2013, the Vickery Meadow TIF Board of Directors recommended City Council’s authorization for the use of $445,000 in Vickery Meadow TIF funds as the required matching funds for the City’s HUD Sustainable Communities Grant to support the development of affordable housing in the Vickery Meadow TIF District. On February 19, 2013, a memo was submitted to the Economic Development Committee regarding the matching funds request for the City’s HUD Sustainable Communities Grant. FISCAL INFORMATION $445,000 – Vickery Meadow TIF District Funds MAP Attached.

Agenda Date 02/27/2013 - page 2


HUD grant match from Vickery Meadow TIF


COUNCIL CHAMBER

February 27, 2013 WHEREAS, The U.S. Department of Housing and Urban Development’s (HUD) Office of Sustainable Housing and Communities has made funding available to the City of Dallas under a Community Challenge Planning Grant; and WHEREAS, Grant funds will be used for planning and land acquisition related to the development of affordable housing and transit-oriented development near Dallas Area Rapid Transit stations in the City; and WHEREAS, on January 26, 2011, City Council authorized an application for, acceptance of, and the establishment of appropriations for the Community Challenge Planning Grant Funds from the U.S. Department of Housing and Urban Development’s Office of Sustainable Housing and Communities for planning and land acquisition related to affordable housing and Transit Oriented Development by Resolution No. 11-0260, and WHEREAS, the City now desires to use funds from the Vickery Meadow TIF district as the match for the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the use of $445,000 in Vickery Meadow TIF funds is authorized as the required matching funds for the City’s HUD Sustainable Communities Grant to support the development of affordable housing in the Vickery Meadow TIF District. Section 2. That the City Controller is authorized to transfer funds from Fund 0048, Department ECO, Unit P470, Activity VMTI, Object 3690 (Debit Misc. Transfers), Balance Sheet A/C 0001 (Credit Cash) to Fund F324, Department ECO, Unit 4725, Revenue Source 9201 (Credit Inter-Fund Rev-Tran. Fr Other Funds), Balance Sheet A/C 0001 (Debit Cash), in an amount not to exceed $445,000. 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, and it is accordingly so resolved.


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 ITEMS # 58,59

45 Q

________________________________________________________________

SUBJECT Downtown Connection TIF District – 500 South Ervay Redevelopment Project *

Authorize (1) a development agreement with Alterra 500 South Ervay, LLC, to dedicate future TIF revenues for reimbursement of eligible project costs related to environmental remediation and demolition and façade restoration, for redevelopment of the 500 South Ervay building located in Tax Increment Financing Reinvestment Zone Eleven (Downtown Connection TIF District); and (2) the Downtown Connection TIF District Board of Directors to dedicate an amount not to exceed $5,000,000 from future Downtown Connection TIF District revenues, in accordance with the development agreement – Not to exceed $5,000,000 - Financing: Downtown Connection TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing District Reinvestment Zone Number Eleven (Downtown Connection TIF District) to reimburse Alterra 500 South Ervay, LLC, up to $5,000,000, for TIF-eligible project costs pursuant to the development agreement with Alterra 500 South Ervay, LLC - Financing: No cost consideration to the City

BACKGROUND 500 South Ervay Street, commonly known as the Butler Brothers’ Building was constructed in 1910. The building was originally a warehouse for the Butler Brothers, a Chicago based wholesaler. In the early 1950’s the building became the Dallas Merchandise Mart, but lost its tenants in the late 1960’s. It was later used for office space, but has been vacant for many years. Redevelopment of the 500 South Ervay building entails converting the vacant office space into mixed income residential units, hotel space, and retail/commercial space. An existing 346 space parking garage on the site will be renovated and used for valet parking for residents and hotel guests.


BACKGROUND (Continued) The proposed project will include approximately 238 residential units, of which 24 will meet affordable housing requirements, on floors 2 through 9 of the building, with ground floor retail facing Ervay and Young Streets. Residential amenities including retail space will be located on the first floor of the building. Approximately 200 hotel rooms are located on floors 1 through 9 of the building, of which only 8 are located on the first floor. The hotel portion of the building faces Marilla Street, while amenities for the hotel including retail space, pool and bar are located on St. Paul Street. The total project costs for the 500 South Ervay project is $72,567,052. TIF funding for the project is proposed to be a maximum of $5,000,000 and will be based on actual project expenditures and increment generated by the project. TIF funding will reimburse project costs for environmental remediation and demolition, façade restoration and design/consultant costs associated with these TIF eligible project costs. The 500 South Ervay project continues downtown’s growth in residents and business through redevelopment of vacant and/or under-utilized buildings. Upon the project’s completion City Hall workers will have additional housing and restaurant options, initiating transformation of the South Young Street area. The project also begins to strengthen the linkage between the Convention Center, City Hall and the Farmers Market. ESTIMATED PROJECT SCHEDULE Project Start Date Project Completion Date

July 2013 July 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 8, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eleven, (“Downtown Connection TIF District”) by Ordinance No. 26020, as amended. On August 29, 2005, City Council authorized the adoption of the Downtown Connection Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan (the “Project and Financing Plan”) by Ordinance No. 26096, as amended. On December 13, 2012, Downtown Connection TIF District board of directors reviewed and recommended approval of a development agreement with Alterra 500 South Ervay, LLC, and TIF funding for the 500 South Ervay project not to exceed $5,000,000, with the condition that the developer continues to work with the CityDesign Studio to incorporate the Studio’s urban design comments for the project. On February 19, 2013, Economic Development Committee was briefed on the proposed 500 South Ervay redevelopment project and recommended approval.

Agenda Date 02/27/2013 -page 2


FISCAL INFORMATION $5,000,000 - Downtown Connection TIF District Funds OWNER

DEVELOPER

Alterra 500 South Ervay, LLC

Alterra 500 South Ervay, LLC

Mukemmel Sarimsakci 933 Hillcrest Blvd Millbrae, CA 94030

Mukemmel Sarimsakci 933 Hillcrest Blvd Millbrae, CA 94030

MAP Attached.

Agenda Date 02/27/2013 -page 3


500 South Ervay Redevelopment Project

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COUNCIL CHAMBER

February 27, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on June 8, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eleven, City of Dallas, Texas (“Downtown Connection TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment in the Uptown and Downtown areas through the use of tax increment financing by Ordinance No. 26020; as amended; and WHEREAS, on August 29, 2005, City Council authorized the Downtown Connection Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 26096; as amended; and WHEREAS, on December 13, 2012, the Downtown Connection TIF District Board of Directors reviewed and recommended of a development agreement with Alterra 500 South Ervay, LLC , and TIF funding for the 500 South Ervay redevelopment project not to exceed $5,000,000, with the condition that the developer continues to work with the CityDesign Studio to incorporate the Studio’s urban design comments for the project attached hereto as Exhibit A; and WHEREAS, on February 19, 2013, the Economic Development Committee was briefed on the 500 South Ervay redevelopment project and recommended approval of TIF funding for the redevelopment project; and WHEREAS, in furtherance of the Downtown Connection TIF District Project Plan and Reinvestment Zone Financing Plan and to promote within the Downtown Connection TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to the Owner for the development/ redevelopment of the 500 South Ervay building in the Downtown Connection TIF District as depicted in the Site/Streetscape Plan, Building Elevations, Building Materials Plan, attached hereto as Exhibits B, C, and D respectively; and WHEREAS, the expenditure of TIF funds supporting this development is consistent with promoting development and redevelopment of the Downtown Connection TIF District in accordance with the purposes for its creation, the City’s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan for the Downtown Connection TIF District.


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 Attorney is hereby authorized to amend and execute a development agreement with Alterra 500 South Ervay, LLC , and the City of Dallas, on behalf of the Downtown Connection TIF District for the 500 South Ervay redevelopment project. Section 2. That the Downtown Connection TIF District Board of Directors is authorized to dedicate future Downtown Connection TIF revenues in an amount not to exceed $5,000,000 for TIF-eligible project costs associated with the 500 South Ervay redevelopment project located in the Downtown Connection TIF District, as shown in Exhibit E – TIF Budget – Eligible Project Costs. These costs may include, but are not limited to design, engineering, construction management, professional services, paving and streetscape improvements, environmental remediation and demolition, and façade restoration costs for the 500 South Ervay redevelopment project. Section 3. That the City Controller is hereby authorized to encumber and disburse funds from future tax increments and subject to future appropriations from: Fund 0044, Department ECO, Unit P783, Object 3072, Activity DTTI, Program No. DCTIF0012, CT ECOP783E212-01, Vendor No. VS0000076178, in an amount not to exceed $200,000; Fund 0044, Department ECO, Unit P783, Object 3070, Activity DTTI, Program No. DCTIF0012, CT ECOP783E212-02, Vendor No. VS0000076178, in an amount not to exceed $200,000; Fund 0044, Department ECO, Unit P783, Object 3072, Activity DTTI, Program No. DCTIF0012, CT ECOP783E212-03, Vendor No. VS0000076178, in an amount not to exceed $2,000,000; and Fund 0044, Department ECO, Unit P783, Object 3072, Activity DTTI, Program No. DCTIF0012, CT ECOP783E212-04, Vendor No. VS0000076178, in an amount not to exceed $2,600,000; For a total not to exceed $5,000,000. Funds may be shifted among categories as long as the total TIF funding does not exceed $5,000,000.


COUNCIL CHAMBER

February 27, 2013 Section 4. That nothing in the resolution shall be construed to require the City to approved future dedications of Downtown Connection TIF revenues (the “TIF Subsidy”) from any source of the City funds other than the Downtown Connection TIF District Fund. Any portion of the TIF Subsidy that remains unpaid due to lack or unavailability of Downtown Connection TIF District Funds shall no longer be considered project costs of the Downtown Connection TIF District or the City and the obligation of the Downtown Connection TIF District to pay the Owner shall automatically expire. Section 5. That the TIF Subsidy to be provided to Alterra 500 South Ervay, LLC , will be based on the Downtown Connection TIF District’s Increment Allocation Policy and Reimbursement Queue for the sharing of future revenues in the Tax Increment Fund, adopted by the Downtown Connection TIF District Board of Directors September 16, 2009, attached hereto as Exhibit F. Section 6. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed or occur: 1.

Minimum private investment of $48,000,000 for the Project, including acquisition and construction and construction relates soft costs; The term “Invest” or “Investment” means the sum of all acquisition costs, construction costs (hard and soft) paid, payable or actually incurred by or on behalf of the Owner, with respect to the Property and the improvements thereon. Construction related soft costs include the following items: architecture and engineering, interior design, remediation and demolition. Carrying or other similar costs shall not be considered toward this definition of project investment. The owner must provide verification of all expenditures.

2.

Redevelopment of the Project shall include: a. Redevelopment of 647,888 square feet of space in the building: i. ii.

Minimum 15,000 square feet of retail/commercial; and Minimum 260,000 square feet (approximately 193 residential units) of residential space; iii. Minimum 195,000 square feet (approximately 170 hotel rooms) of hotel space. iv. Adjustments to the square footage of development categories require approval of the Director and Downtown Connection TIF District Board of Directors.


COUNCIL CHAMBER

Section 6. (Continued)

February 27, 2013

3. Obtain a building and/or demolition permit and start construction and/or demolition for the Project by July 31, 2013; 4. Complete environmental, interior demolition and façade restoration by June 30, 2014; 5. Obtain a Certificate of Occupancy (CO) for the Project by July 31, 2015; 6. Obtain final acceptance of public infrastructure improvements associated with the Project, as evidenced by the issuance of a Green Tag from the Public Works and Transportation Department by July 31, 2015 and submit documentation to the Office of Economic Development (the “OED”); 7. The Project shall not be eligible for subsequent TIF funding from the District; 8. Execute an Operating and Maintenance agreement for public infrastructure improvements associated with the Project by July 31, 2015, for a period of 20 years; 9. A minimum of 25% of the total net leasable square footage of non-residential space, with a minimum of at least 50% of ground floor space must be occupied prior to TIF Reimbursement; 10. Mixed Income Housing: A minimum of 10% of the Project’s total residential units must meet affordable housing standards in accordance with the District’s Mixed Income Housing Guidelines. These guidelines require, but are not limited to, the following: a. Affordable units must be available for a 15 year period (from the date of CO); b. If the total number of affordable units drops below 10%, a 90-day compliance period will be granted, after which the contract may be terminated; and c. Submit semi-annual reports to the OED Staff (from the date of CO). 11. Construction of Project improvements and building renovations shall be in general conformance with design plans approved by the Downtown Connection TIF Board of Directors and Dallas City Council and CityDesign Studio design recommendations; 12. The residential portion of the Project shall be managed by a management company acceptable to the Director of the OED, such approval not being unreasonably withheld;


COUNCIL CHAMBER

February 27, 2013 Section 6. (Continued) 13. The hotel portion of the Project shall be operated under the flag of a hotel brand acceptable to the Director of the OED, such approval not being unreasonably withheld, until the expiration of the term of the Downtown Connection TIF District. The Owner shall not change its brand affiliation without the prior written approval of the Director, which approval shall not be unreasonably withheld; 14. Owner shall submit to the Director of the OED a quarterly status report for ongoing work on the project, as well as public improvements. Status reports will be due once every three months after the Council approval date; 15. Comply with the Business Inclusion and Development (“BID”) goal of twenty-five percent (25%) Minority/Women-owned Business Enterprise (M/WBE) participation for TIF reimbursable improvements, and the Owner shall make a good faith effort to achieve a goal of 25% certified M/WBE participation for total private improvement construction expenditures for the Project, and meet all reporting requirements for each; 16. Market the apartments pursuant to an affirmative fair housing marketing plan approved by the City; 17. If necessary, the project deadline can be extended up to 6 months, subject to the Office of Economic Development Director’s and Downtown Connection TIF District Board of Director’s approval; and 18. The project is eligible for its Individual Increment only, increment generated by the 500 S. Ervay redevelopment project only. Section 7. That should Alterra 500 South Ervay, LLC, not perform one or more of the contingencies listed above, the City Manager is authorized to terminate the development agreement and disallow the total TIF Subsidy up to an amount not to exceed $5,000,000. Section 8. 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 CityDesign Studio Urban Design Comments


Exhibit B 500 South Ervay Redevelopment Project Site/Landscape Plan


500 S. Erva

urban desi n comments

12.10.2012


Exhibit C 500 South Ervay Redevelopment Project Elevations


Exhibit D 500 South Ervay Redevelopment Project Materials Plan

Â


Exhibit E 500 South Ervay Redevelopment Project TIF Budget

TIF Budget - 500 South Ervay Redevelopment Project Redevelopment/Development Projects Environmental Site Assessment Engineering Environmental Remdiation/Demolition Façade Restoration Total

$200,000 $200,000 $2,000,000 $2,600,000 $5,000,000

Total TIF Funding

$5,000,000

The budget shown above outlines anticipated TIF reimbursements for the 500 South Ervay redevelopment project. These reimbursements will be based on actual expenditures and may be shifted amongst listed project costs in the Redevelopment/Development Projects budget line item, as long as the total principal TIF funding does not exceed $5,000,000. No interest shall accrue on any portion of the TIF reimbursement. Note: The amounts listed above may include engineering, construction, design, construction management, and contingency estimates. Construction management is solely intended to cover fees paid to an outside consultant or third party who confirms the quality of the work. Construction management fees must be invoiced with a detailed description of work performed. Â


Exhibit F TIF Increment Allocation Policy Downtown Connection TIF District As of September 30, 2009 It is important for the City of Dallas to encourage as many projects as possible in the Downtown Connection TIF District (the “Downtown Connection TIF” or “District”). After satisfying all bond Downtown Dallas Development Authority (“DDDA”) obligations related to reserves and debt service coverage requirements, Downtown Connection TIF funds will be allocated to Developers based on the increment created by the Project (as defined below) and Related Projects/Developers (as defined below) within the District and the distribution of any remaining funds in accordance with the reimbursement queue policy. Definitions Accrued Priority Increment - The unpaid balance of the Individual Increment owed to a project. Administrative Expenses – the City will take a share of the District’s annual TIF revenue to compensate for the amount billed to the District for costs related to the administration of its TIF program. This may include charges from the Office of Economic Development as well as other departments. Available Funds – Total Increment less: (1) debt service on DDDA Bonds excluding Bonds issued pursuant to the Continental Building Improvements, (2) Bond trustee fees and expenses, (3) Administrative Expenses, (4) payment of any other DDDA obligations related to Bonds issuance, and (5) reimbursement to the City of Dallas for any grant of loan payments made to the DDDA. Completed Projects – Projects which received City approval for satisfying all of its project obligations and approval on all supporting documentation required by their executed development agreements. Cumulative Individual Increment – sum of all Individual Increment that a Project or Related Project produces in all years since its completion. Developer/Owner – a person or entity that has completed all the requirements for a TIF-eligible Project as prescribed by the Project’s fully executed development agreement. District-Wide Improvements – improvements that benefit multiple properties or blocks but are not specific to a single development site such as public parks, gateways, trails, public open space, public facilities, or utility/streetscape improvements.


Exhibit F Downtown Connection TIF District

Increment Allocation Policy

Individual Increment – the annual amount of increment deposited into the District’s TIF fund by its participating jurisdictions that is generated by a Project eligible for TIF reimbursement. Dallas Central Appraisal District (DCAD) certified values for each tax year will be the data source used to determine values for the increment allocation procedure. Performance Percentage – percentage of Individual Increments divided by the total Shared Increment. Project (TIF-eligible) – development or redevelopment that increases the taxable value of real property at a particular site or a space or facility of public benefit such as improvements to City parks, open space, trails or cultural facilities. The Project has been approved for TIF funds and all requirements set forth in the development agreement have been completed. Related Project/Developer – if a Developer or a Developer’s affiliates (as defined in a development agreement) has other development or redevelopment projects in addition to a TIF-eligible Project, increment from those Related Project(s) may be included in Individual Increment for reimbursement of the TIF-eligible Project expenses. A Developer of a TIF-eligible Project must have at least 50% ownership in any Related Project. These requirements will be further specified in a development agreement where applicable. Related Projects must create new taxable real property value for the District based on the following criteria: •

New development on previously vacant land or site of demolished structures.

Redevelopment or major modification of an existing building that exceeds the building’s original taxable value by 50% or more, or any increase in a building’s original floor area if the expansion exceeds 50% for residential projects, 65% for mixed-use projects, and 75% for office/showroom projects

Remaining Funds – Funds leftover after distribution of all Accrued Priority Increment payments and all Individual Increment payments to Completed Projects. Shared Increment – the sum of all Individual Increments generated by all Completed Projects in a given year. Total Increment – the annual amount of increment deposited into the District’s TIF fund by its participating jurisdictions.


Exhibit F Downtown Connection TIF District

Increment Allocation Policy

Procedure Annually, after the Total Increment has been deposited in the TIF Fund, the funds shall be used to meet the financial obligations of the Downtown Connection TIF District in the following order: 1. Payment of all principal, interest, premium (if any) and fund any reserves necessary or desirable in connection with outstanding District Bonds (excluding Bonds issued pursuant to Section 2.07 of the Mercantile Development Agreement for the Continental Building Improvements) pursuant to Bonds issued by the DDDA and to pay any DDDA obligations which are on a parity with such Bonds; 2. Payment of any fees and expenses of the trustee and paying agent/registrar due and owing; 3. Reimbursement to the City for staff costs, administrative costs and other costs and expenses of the City and the Downtown Connection TIF District; 4. Payment of any other DDDA obligations which are subordinate to the Bonds, but are related to the DDDA’s role in issuing the Bonds and administering contracts to be funded with Bond proceeds; 5. Reimbursement to the City for any grant or loan payments made to the DDDA to cover debt service on the Bonds or other DDDA obligations pursuant to the Chapter 380 Program as a result of any shortfalls in tax increment of the Downtown Connection TIF District; Should for any reason the District fail to meet all of the above financial obligations and satisfying all DDDA bond obligations related to reserves and debt service coverage requirements, no funds shall be distributed to any projects If, after meeting the above financial obligations and satisfying all DDDA bond obligations related to reserves and debt service coverage requirements, the remaining funds may be used as Available Funds to meet other TIF financial obligations including but not limited to the reimbursement of certain project costs for eligible projects. A Completed Project shall be entitled to receive its Individual Increment each year if the total amount of Available Funds is greater than the total Shared Increment for all Eligible Projects. Should the amount of Available Funds be less than the total Shared Increment in a given year, a Completed Project shall be reimbursed based on their Performance Percentage. The unpaid balance of the Individual Increment owed to a project shall be deemed as “Accrued Priority Increment” and shall be paid in the following year(s) prior to the distribution of any Individual Increment payments.


Exhibit F Downtown Connection TIF District

Increment Allocation Policy

Should any Available Funds remain after distribution of all Accrued Priority Increment payments and all Individual Increment payments to Eligible projects, the Remaining Funds shall be distributed in accordance to the Downtown Connection TIF District Modified Queue Reimbursement Policy approved by the Downtown Connection TIF District Board of Directors on September 30, 2009. THE REIMBURSEMENT QUEUE The Reimbursement Queue shall list all approved Downtown Connection TIF District projects in order of priority based upon the earlier date in which the developer submits evidence of an executed construction loan and receipt of a building permit. Projects, such as Stoneleigh Hotel and Santa Fe IV, which were completed prior to the adoption of this policy, shall be placed in the queue based on their date of completion. Each year, City staff is required to verify the status of all approved Downtown Connection TIF District projects as of June 1st. Those projects which have been completed shall be eligible to receive their Individual Increment; and shall be eligible to receive all or a portion of those funds which remain after the distribution of all Individual Increment payments. Payments from the Remaining Funds shall be made to completed projects in order of their priority ranking. The amount of Remaining Funds distributed to a project shall not exceed the project’s Total TIF Award (including interest when applicable) less the amount of Cumulative Individual Increment paid to date for a project. After such payment(s) are made, any leftover funds shall be distributed to the next completed project in order of their priority ranking. Should a project which has not been completed as of June 1st of a given year have priority ranking over a project which has been completed, the uncompleted project shall be deemed “bumped” and shall not receive any payments for that year. A project may be “bumped” by more than one project in a given year. However, a “bumped” project shall retain its priority ranking for subsequent years. As projects are approved by City Council for funding from the Downtown Connection TIF Fund, they shall be given the lowest priority ranking until such time the developer submits evidence of: (1) an executed construction loan and receipt of a building permit or (2) final certificate of occupancy. At which time, the reimbursement queue shall be updated. Once a project has been completed, its priority ranking shall not be subject to change. The City’s Director of Economic Development will make the final determination in applying future available revenues in the TIF Fund among Projects.


Exhibit F Downtown Connection TIF District

Increment Allocation Policy Downtown Connection TIF District Reimbursement Queue As of January 2013

Reimbursement Priority1 1 2 3 4 5 6 7 8 TBD TBD TBD TBD TBD TBD TBD

Project Name Stoneleigh Hotel Hall Lone Star2 Santa Fe IV - Aloft Hotel Grand Ricchi Dallas - 1600 Pacific Joule Hotel Expansion Atmos Complex Phase I Joule Hotel Expansion Amendment Continental Building³ Atmos Complex Phase II 1914 Commerce Street 1954 Commerce Street Hall Lone Star Project - Phase II² 1401 Elm Street PetroCorrigan Project 500 S. Ervay

Priority Primary TIF Maximum Total Eligible TIF Project Generated Reimbursement Increment Only4 Date Construction Status Reimbursement Interest Reimbursement Status 5/30/2010 Completed $2,500,000 $0 $2,500,000 Yes To Be Paid 5/30/2010 Completed $852,764 $2,000,000 $2,852,764 No To Be Paid 5/30/2010 Completed $4,296,264 $0 $4,296,264 No To Be Paid 10/26/2010 Under Construction $8,830,000 $4,040,200 $12,870,200 No N/A 1/19/2011 Under Construction $20,658,500 $0 $20,658,500 No N/A 6/20/2011 Under Construction $3,250,000 $3,000,000 $6,250,000 No N/A 8/10/2011 Under Construction $3,194,409 $0 $3,194,409 No N/A 9/16/2011 Under Construction $13,305,700 $4,222,588 $17,528,288 No N/A TBD Under Construction $11,750,000 $5,000,000 $16,750,000 No N/A TBD Under Construction $13,168,950 $0 $13,168,950 No N/A TBD Under Construction $3,020,350 $0 $3,020,350 No N/A TBD Approved $5,000,000 $0 $5,000,000 No N/A TBD Approved $30,000,000 $0 $30,000,000 No N/A TBD Approved $10,300,000 $0 $10,300,000 No N/A TBD Approved (TIF Board) $5,000,000 $0 $5,000,000 No N/A $153,389,725

Notes: The priority ranking of an approved project is established by the submittal of evidence to the City of an executed construction loan and building permit for the project. 2 Hall Lone Star Project, Phases I and II, is eligible to receive up to $2M in interest. The full $2M in interest is shown in Phase I of the project. 3 The Total TIF Reimbursement for the Continental Building project is $22,528,288 (includes an additional $5M in bond proceeds). 4 Based on the development agreement for the project, reimbursement may take the form of project generated increment only or project generated increment plus shared increment. 1


COUNCIL CHAMBER

February 27, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on June 8, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eleven, City of Dallas, Texas (“Downtown Connection TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment in the Uptown and Downtown areas through the use of tax increment financing by Ordinance No. 26020; as amended; and WHEREAS, on August 29, 2005, City Council authorized the Downtown Connection Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 26096; as amended; and WHEREAS, on December 13, 2012, the Downtown Connection TIF District Board of Directors reviewed and recommended of a development agreement with Alterra 500 South Ervay, LLC, and TIF funding for the 500 South Ervay redevelopment project not to exceed $5,000,000, with the condition that the developer continues to work with the CityDesign Studio to incorporate the Studio’s urban design comments for the project; and WHEREAS, on February 19, 2013, the Economic Development Committee was briefed on the 500 South Ervay redevelopment project and recommended approval of TIF funding for the redevelopment project; and WHEREAS, in furtherance of the Downtown Connection TIF District Project Plan and Reinvestment Zone Financing Plan and to promote within the Downtown Connection TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to the Owner for the development/ redevelopment of the 500 South Ervay building in the Downtown Connection TIF District; and WHEREAS, the expenditure of TIF funds supporting this development is consistent with promoting development and redevelopment of the Downtown Connection TIF District in accordance with the purposes for its creation, the City’s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan for the Downtown Connection TIF District.


COUNCIL CHAMBER

February 27, 2013 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Project. The following is a general functional description of the Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description Environmental remediation and demolition, faรงade restoration, and TIF eligible design/consultant costs for the 500 South Ervay redevelopment project in Reinvestment Zone Number Eleven (Downtown Connection TIF District)

Debt To Be Issued Not to exceed $5,000,000 as provided by the Project Plan and Reinvestment Zone Financing Plan

Section 3. That the total Downtown Connection TIF District participation in the 500 South Ervay redevelopment project shall not exceed an amount of $5,000,000 all in accordance with the terms of the said development agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Downtown Connection TIF District Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the Downtown Connection TIF District, due to lack or unavailability of Downtown Connection TIF District Funds shall no longer be considered project costs of the Downtown Connection TIF District or the City and any obligation to pay Alterra 500 South Ervay, LLC, shall automatically expire. Section 5. 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 # 60

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

11

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

4 Z; 5 W

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for MU-1 Mixed Use District uses on property zoned an MU-1 Mixed Use District on the northeast corner of Arapaho Road and Knoll Trail Recommendation of Staff and CPC: Approval, subject to a conceptual plan; development plan, mews street landscape plan and conditions Z112-312(MW)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER: Z112-312(MW)

DATE FILED: September 4, 2012

LOCATION:

Northeast corner of Arapaho Road and Knoll Trail

COUNCIL DISTRICT: 11

MAPSCO: 4-Z, 5-W

SIZE OF REQUEST: Âą16.1 acres

CENSUS TRACT: 136.20

APPLICANT/OWNER:

PV Prestonwood I, Ltd., PV Prestonwood I, GP, LLC PV Prestonwood II, Ltd., PV Prestonwood II, GP, LLC

REPRESENTATIVE:

Masterplan

REQUEST:

An application for a Planned Development District for MU-1 Mixed Use District uses on property zoned an MU-1 Mixed Use District

SUMMARY:

The applicant proposes a transit-oriented, mixed use development comprised of a maximum of 650 multifamily units, 125 convalescent and nursing home beds or retirement housing units and 65,000 square feet of nonresidential uses.

CPC RECOMMENDATION:

Approval, subject to a conceptual plan; development plan, mews street landscape plan and conditions

STAFF RECOMMENDATION:

Approval, subject to a conceptual plan; development plan, mews street landscape plan and conditions

1


Z112-312(MW) BACKGROUND INFORMATION: •

The ±16.1-acre site is comprised of two parcels of land: a ±14.1-acre parcel, developed with a multi-tenant shopping center which is predominantly vacant and a ±1.99-acre parcel developed with a ±16,730-square foot multi-tenant building occupied with retail and personal service uses and a motor vehicle fueling station.

The applicant intends to retain the ±16,730-square foot multi-tenant building. Proposed PDD provisions require the façade of the building to be made architecturally consistent with the new buildings proposed for the site but also allow for redevelopment with a maximum of 50,000 square feet of floor area.

The request site is surrounded by DART right-of-way and office uses to the north; multifamily residential to the east; a shopping center and single family residential (townhomes) to the south and a retail strip and bar to the west.

Zoning History: 1.

Z101-249: On January 11, 2012, the City Council approved a Specific Use Permit for an alcoholic beverage establishment limited to a bar, lounge or tavern for a one-year period. This Specific Use Permit automatically terminated on January 11, 2013.

2.

Z089-153: On June 10, 2009, the City Council approved an amendment to the conceptual plan, development plan, landscape plan and conditions of Planned Development District No. 711 for RR Regional Retail and Multifamily uses.

Thoroughfares/Streets: Thoroughfares/Streets

Type

Existing ROW

Arapaho Road

Principal Arterial

110 feet

Knoll Trail

Minor Arterial

64 feet

Land Use: Zoning

Land Use

Site North East

MU-1 MU-1; RR PDD No. 114

South

PDD No. 614

West

MU-1; SUP No. 1921*

Shopping center DART ROW; Office Multifamily Shopping center; single family (townhomes) Retail strip; bar

*Terminated January 11, 2013 2


Z112-312(MW) STAFF ANALYSIS: Area Plans The request site is within the boundary of the Greater Far North Dallas Area Land Use and Transportation Plan (1995 Update). This area is recommended for medium density commercial/retail/office development with FARs not to exceed 2.0:1 and 24 dwelling units per acre. The proposed Planned Development District allows a maximum of 775 units (or in Subarea D, 125 beds or units) on 13.97 acres. This equates to a maximum of 55 dwelling units per acre which exceeds the density recommended by the referenced land use plan. However, given the siteâ&#x20AC;&#x2122;s proximity to a potential DART Station, higher density development is not inappropriate. Comprehensive Plan: The subject site is identified as being within an Urban Neighborhood on the forwardDallas! Vision Illustration, adopted June 2006. Urban neighborhoods are predominantly residential, but are distinguished from other neighborhoods by the wide variety of housing options they provide and easy access to public transit. Housing choices should include single family detached dwellings, townhomes and low- to midrise condominiums or apartments. These neighborhoods will have concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residents. The applicantâ&#x20AC;&#x2122;s proposal is generally consistent with the forwardDallas! Vision and further complies with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT GOAL 1.2 PROMOTE DESIRED DEVELOPMENT Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. GOAL 1.3

PROVIDE EQUITABLE OPPORTUNITIES FOR DALLAS RESIDENTS

Policy 1.3.1 Create housing opportunities throughout Dallas ECONOMIC ELEMENT Policy 2.2.2 Maximize development opportunities around DART stations

3


Z112-312(MW) HOUSING ELEMENT GOAL 3.2. ANSWER THE NEED FOR HOUSING OPTIONS Policy 3.2.2 Encourage higher density housing within a quarter-mile of DART stations URBAN DESIGN ELEMENT GOAL 5.3

ESTABLISHING WALK-TO CONVENIENCE

Policy 5.3.1 Encourage a balance of land uses within walking distance of each other. Land Use Compatibility: The ±16.1-acre site is comprised of two parcels of land: a ±14.1-acre parcel, developed with a multi-tenant shopping center which is predominantly vacant and a ±1.99-acre parcel developed with a ±16,730-square foot multi-tenant building occupied with retail and personal service uses and a motor vehicle fueling station. The applicant intends to retain the ±16,730-square foot multi-tenant building. Proposed PDD provisions require the façade of the building to be made architecturally consistent with the new buildings proposed for the site but also allow for redevelopment with a maximum of 50,000 square feet of floor area. The site is adjacent to DART right-of-way within the Cotton Belt Corridor, a 26-mile regional rail alignment spanning from DFW Airport to the Red Line in Richardson/Plano. This proposed project was included in the DART 2030 Transit System Plan, with a likely implementation date near year 2030. It is anticipated that a light rail station will be located within the immediate area, if not adjacent to the site. Given the request site’s adjacency to DART right-of-way and potential Cotton Belt Station, it is ideal for higher density, mixed use development. The applicant proposes a mixed use project comprised of four subareas consisting of the following uses: •

Subarea A: a maximum floor area of 50,000 square feet of non residential uses

Subarea B: a maximum of 350 multifamily units and a maximum floor area of 15,000 square feet of non-residential uses

Subarea C: a maximum of 350 multifamily units (note for Subareas B and C combined, the maximum number of units is 650)

Subarea D: A maximum of 125 beds or units associated with a nursing home or retirement housing use

4


Z112-312(MW) The applicant proposes a mews street, defined as a tree-lined, pedestrian-oriented private drive located between Subareas B and C. The mews street is intended to provide pedestrian access to the proposed DART station. To promote pedestrian activity, the applicant proposes eight-foot-wide sidewalks along Arapaho Road and the mews street; benches, trash receptacles and pedestrian lighting along Arapaho Road, Knoll Trail and the mews street and design standards for façade walls. Development Standards: District

Front

Setbacks Side/Rear

Density FAR

Height

Lot Coverage

Special Standards

Primary Uses

0.8 FAR base 1.0 FAR maximum + bonus for residential

90’ 7 stories 120’ 9 stories with retail

80%

Proximity Slope U-form setback Tower spacing Visual Intrusion

Office, retail & personal service, lodging, residential

650 mf units 125 beds/units 65,000 sf nonres

75 feet

70%

N/A

Multifamily; retail and personal service

Existing MU-1 Mixed use-1

15’

20’ adjacent to residential OTHER: No Min.

Proposed 15’ (Arapaho Road and Knoll Trail)

PDD

10’ (eastern property line)

Parking: The applicant proposes off-street parking in accordance with Chapter 51A of the Dallas Development Code, except as provided below: While the request site is in proximity to a possible Cottonbelt DART Station, staff cannot support an off-street parking reduction at this time. There is no firm timetable for construction of the Cottonbelt line and recent amendments to the parking code should be sufficient to accommodate the proposed development. However, staff supports the inclusion of a condition to allow an off-street parking reduction for certain uses if a DART station is located within 500 feet of the request site. In this scenario, the following parking ratios apply: •

Convalescence and nursing homes, hospice care, and related institution. A minimum 0.25 parking spaces per unit is required. No additional parking for accessory portions of a convalescent and nursing home or hospice use, including private recreation, community center, entertaining areas, dining, or similar common areas is required.

Dry cleaning or laundry store. One space per 220 square feet of floor area is required.

Financial institution without drive-in window. One space per 400 square feet of floor area is required.

General merchandise or food store 3,500 square feet or less. One space per 220 square feet of floor area is required. 5


Z112-312(MW) •

General merchandise or food store greater than 3,500 square feet. One space per 220 square feet of floor area is required.

Personal services uses. One space per 220 square feet of floor area is required.

Retirement housing. A minimum 0.56 parking spaces per unit is required. No additional required parking for accessory portions of the multi-family use, including private recreation, community center, entertaining areas, dining, or similar common areas is required.

Landscaping: The applicant proposes landscaping in accordance with Article X of the Dallas Development Code with exceptions. One proposed exception requires street trees at one tree per 25 feet of street frontage with the ability to be provided in a clustered formation (Article X requires one tree per 50 feet). In addition, the applicant proposes a mews street landscape plan for Council approval.

6


Z112-312(MW) CPC Action: January 24, 2013: Motion: It was moved to recommend approval of a Planned Development District for MU-1 Mixed Use District uses, subject to a conceptual plan, development plan, mews street landscape plan and revised conditions to include 1) Prohibit residential property in Subarea A, and 2) Prohibit tattoo and massage parlor uses on property zoned an MU-1 Mixed Use District on the northeast corner of Arapaho Road and Knoll Trail. Maker: Second: Result:

Bernbaum Wally Carried: 15 to 0

For: 15 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar

Notices: Replies: Speakers:

Against: Absent: Vacancy:

0 0 0

Area: For: None

500 4

Mailed: Against:

7

25 1


Z112-312(MW) Partners/Principals/Officers: Applicant/Owner:

PV Prestonwood I and II, Ltd. Prestonwood II, GP, LLC and PV Equity GP, LLC PV Prestonwood I, GP, LLC and PV Equity GP, LLC Denny Holman, Member Steve Folsom, Member Haddon Winckler, Member Robert Kennedy, Member

8


Z112-312(MW) Proposed PD Conditions ARTICLE ___. PD ___. SEC.51P-___.101.

LEGISLATIVE HISTORY.

PD ___ was established by Ordinance No. _____, passed by the Dallas City Council on ____________, 2012. SEC. 51P-___.102.

PROPERTY LOCATION AND SIZE.

PD ___ is established on property located on the northeast corner of Arapaho Road and Knoll Trail Drive. The size of PD ___ is approximately 16.1 acres. SEC. 51P-.

DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions an interpretations in Chapter 51A apply to this article. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. In this article: (1) BAIL BOND OFFICE means an office for the issuance, brokerage, or procurement of bail bonds, whether as an accessory use or a main use. (2) BLADE SIGN means a sign projecting perpendicularly from a main building facade, visible from both sides, and made of rigid or soft materials. (3) MEWS STREET means a tree-lined, pedestrian-oriented private drive located between Subareas B and C. (4) MASSAGE ESTABLISHMENT and MASSAGE mean a massage establishment or massage as defined by Texas Occupation Code Chapter 455, as amended. (5) OPEN SPACE means an area that is unobstructed to the sky, and contains no structures except for street furniture; pedestrian amenities; city kiosks; and community kiosks. (6) TANDEM PARKING means one parking space in front of another parking space, making it necessary to pass through one parking space to gain vehicular access to the other parking space from a street, alley, or driveway. (7) TATTOO OR BODY PIERCING STUDIO means a business in which tattooing or body piercing is performed. Tattooing means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. Body 9


Z112-312(MW) piercing means the piercing of body parts, other than ears, for purposes of allowing the insertion of jewelry. (c)

This district is considered to be a nonresidential district.

SEC 51P- _____.

CREATION OF SUBAREAS.

This district is divided into four Subareas: Subarea A, Subarea B, Subarea C and Subarea D. SEC 51P- _____.

EXHIBITS.

The following exhibits are incorporated in this article: (1)

Exhibit

(2)

ExhibitB: development plan.

(3)

Exhibit

SEC 51P- _____.

A: conceptual plan.

C: mews street landscape plan. CONCEPTUAL PLAN.

Development and use of the Property must comply with the conceptual plan (Exhibit ___). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. SEC 51P- _____.

DEVELOPMENT PLAN.

(a) Development of Subareas B, C and D must comply with the Development Plan for Subareas B, C and D (Exhibit ___). If there is a conflict between the text of this article and the development plan, the text of this article shall prevail. (b) A development plan for Subarea A must be approved by the city plan commission before the issuance of any building permit to authorize work in this subarea. SEC 51P-______. (a)

MAIN USES PERMITTED.

Subarea A.

(1) Except as provided in this subsection, the only main uses permitted are those main uses permitted in the MU-1 Mixed Use District, subject to the same conditions applicable in the MU-1 Mixed Use District, as set out in Chapter 51A. For example, a use permitted in the MU-1 Mixed Use District only by specific use permit (SUP) is permitted only by SUP; a use subject to development impact review (DIR) in the MU-1 Mixed Use District is subject to DIR in Subarea A, etc.,

10


Z112-312(MW) (2)

The following uses are prohibited: ----------

(b)

Alternative financial establishment. Auto service center. Bail bonds office. Commercial amusement (outside). Massage establishment. Mini-warehouse. Nursery, garden shop, or plant sales. Swap or buy shop. Tattoo or body piercing studio.

Subarea B. The following uses are the only main uses permitted: -Dry cleaning or laundry store. -Financial institution without drive-in window. -General merchandise or food store 3,500 square feet or less. -General merchandise or food store greater than 3,500 square feet. -Local utilities. -Multi-family. -Personal service uses. -Private street or drive. -Retirement housing. -Restaurant without drive-through or drive-in service. -Tower/antenna for cellular communication. [Must be mounted on the roof or attached to a building or parking structure.]

(c)

Subarea C. The following uses are the only main uses permitted:

-Local utilities. -Multi-family. -Private street or drive. -Retirement housing. -Tower/antenna for cellular communication. [Must be mounted on the roof or attached to a building or parking structure.] (d)

Subarea D. The following uses are the only main uses permitted:

-Convalescence and nursing homes, hospice care, and related institutions. -Local utilities. -Multi-family. -Private street or drive. -Radio or television tower. [Must be mounted on the roof or attached to a building or parking structure.] -Retirement housing. -Tower/antenna for cellular communication. [Must be mounted on the roof or attached to a building or parking structure.] 11


Z112-312(MW) SEC. 51P-

.

ACCESSORY USES.

As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. SEC. 51P-____.

YARD, LOT AND SPACE PROVISIONS.

(Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. If there is a conflict between this section and Division 51A-4.400, this section controls.) (a)

All Subareas.

(1) Setbacks. The setbacks apply to the perimeter of the Property only. Setbacks are not required between subareas or lots. (2) Urban Form Setback and Tower Spacing. No urban form setback is required. No tower spacing is required. (3) Lot Coverage. The maximum lot coverage for all subareas combined is 70 percent. (4) Projections. For residential uses, balconies, bay windows, awnings, patios, signs, and entryways affixed to the building or part of the foundation may project up to five feet into a required yard. Stoops, retaining walls, benches, pots, raised planters, sculptures, cabanas and other decorative landscape items may be located within the required setback. (b)

Subarea A.

(1) Setbacks. Minimum setback from Knoll Trail Drive is 15 feet. Minimum setback from Arapaho Road is 15 feet. (3)

Floor area. Maximum floor area is 50,000 square feet.

(4) Height. Maximum building height is 32 feet. Roof-mounted mechanical equipment may not exceed a height of eight feet above the roof line. (5)

Lot size. No minimum lot size.

(6)

Stories. No maximum number of stories.

12


Z112-312(MW) (c)

Subarea B.

(1) Setbacks. Minimum setback from Knoll Trail Drive is 15 feet. The minimum building setback from Arapaho Road is 15 feet. The minimum building setback from the northern property is 15 feet. (2) Density. Maximum number of dwelling units is 350. number of dwelling units for Subareas B and C combined is 650. (3)

Maximum

Floor area. Maximum floor area is 15,000 square feet.

(4) Height. Maximum structure height is 75 feet. Roof-mounted mechanical equipment may not exceed 12 feet above the roof line.

(d)

(5)

Lot size. No minimum lot size.

(6)

Stories. No maximum number of stories.

Subarea C.

(1) Setbacks. Minimum setback from Arapaho Road is 15 feet. Minimum setback from the northern property line is 15 feet. Minimum setback from the eastern property line is 10 feet. (2) Density. Maximum number of dwelling units is 350. number of dwelling units for Subareas B and C combined is 650. (3)

Maximum

Floor area. No maximum floor area.

(4) Height. Maximum structure height is 75 feet. Roof-mounted mechanical equipment may not exceed 12 feet above the roofline. (5)

Lot size. No minimum lot size.

(4) Stories. No maximum number of stories. Architectural features, mechanical equipment and screening, and rooftop access may project a maximum of 12 feet above the roof-line. (e)

Subarea D.

(1) Setbacks. Minimum setback from Arapaho Road is 15 feet. Minimum setback from the eastern property line is 10 feet. (2) Density. Maximum number of beds of a convalescence and nursing home, hospice care or related institution beds or multi family or retirement housing units is 125. (3)

Floor area. No maximum floor area. 13


Z112-312(MW) (4) Height. Maximum structure height is 62 feet. Roof-mounted mechanical equipment may not exceed 10 feet above the roof line. (5)

Lot size. No minimum lot size.

(6)

Stories. No maximum number of stories.

SEC. 51P-

.

OFF-STREET PARKING AND LOADING.

Unless otherwise stated, consult the use regulations contained in Division 51A4.200 for the specific off-street parking/loading requirements for each use. (a) For the purposes of calculating required parking, required parking for any use in the district may be provided in any subarea. (b) The use of tandem parking is permitted for residential uses only in Subareas B and C. (c) If a DART station is located within 500 feet of the request site, the following parking ratios apply: (1) Convalescence and nursing homes, hospice care, and related institution. A minimum 0.25 parking spaces per unit is required. No additional parking for accessory portions of a convalescent and nursing home or hospice use, including private recreation, community center, entertaining areas, dining, or similar common areas is required. (2) Dry cleaning or laundry store. One space per 220 square feet of floor area is required. (3) Financial institution without drive-in window. One space per 400 square feet of floor area is required. (4) General merchandise or food store 3,500 square feet or less. One space per 220 square feet of floor area is required. (5) General merchandise or food store greater than 3,500 square feet. One space per 220 square feet of floor area is required. (6) area is required.

Personal services uses. One space per 220 square feet of floor

(7) Retirement housing. A minimum 0.56 parking spaces per unit is required. No additional required parking for accessory portions of the multi-family use, including private recreation, community center, entertaining areas, dining, or similar common areas is required.

14


Z112-312(MW) SEC. 51P-____.

DESIGN STANDARDS.

(a) Purpose. Continuous facades along pedestrian-oriented streets often have negative impacts on community aesthetics, pedestrian circulation, and the scale and rhythm of streetscapes. These design standards are intended to ensure that continuous facades that are located along well-traveled pedestrian ways are compatible with the surrounding area and mitigate the negative impact of continuous facades, while allowing creativity, flexibility, and variety in design. (b) Facade walls. Facade walls facing a public right-of-way, including DART right-of-way, or the mews street must incorporate at least three of the following design elements. The remaining facade walls must incorporate at least two of the following design elements. The cumulative length of these design elements must extend for at least 60 percent of the facade wallâ&#x20AC;&#x2122;s horizontal length. (1) A repeating pattern of wall recesses and projections, such as bays, offsets, reveals, or projecting ribs, that has a relief of at least eight inches. (2) Trim, molding, or accent elements using decorative contrasting colors of at least five percent of the area of the facade wall. (3) At least three of the following design elements at the primary entrance, so that the primary entrance is architecturally prominent and clearly visible from the abutting street: (A) murals, or moldings.

Architectural details such as arches, friezes, tile work,

(B)

Integral planters or wing walls that incorporate landscaping

or seating.

(C) Enhanced exterior light fixtures such as wall sconces, light coves with concealed light sources, ground-mounted accent lights, or decorative pedestal lights. (D) Prominent three-dimensional features, such as belfries, chimneys, clock towers, domes, spires, steeples, towers, or turrets. (E)

Awnings, lintels, or other features.

(4) A repeating pattern of pilasters projecting from the facade wall by a minimum of eight inches or architectural or decorative columns.

official.

(5)

Display windows, faux windows, or decorative windows.

(6)

Arcades, awnings, canopies, covered walkways, or porticos.

(7)

Any other comparable design elements approved by the building

15


Z112-312(MW) (c) following:

Facade wall changes. Facade walls must have one or more of the

(1) Changes of color, texture, or material, either diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet. (2) Changes in plane with a depth of at least 24 inches, either diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet. (d)

Materials.

(1) The exterior façade walls must be comprised of at least 80 percent masonry. Masonry includes stone, brick, concrete, stucco, hollow clay tile, cementitious fiber siding, decorative concrete blocks or tile, glass block, other similar building materials, or a combination of those materials. For purposes of this provision, Exterior Finish Insulations System (EFIS) materials are not considered masonry. Textured painted tilt wall may be used on no more than 20 percent of the area of the facade walls. (2) When adjacent to or visible from a public rightâ&#x20AC;&#x201C;of-way, exterior parking structure facades must be constructed in a way that is similar in materials, architecture, and appearance to the facade of the main structure or the adjacent structure, except that breaks in the exterior parking structure facade not exceeding 40 feet in width are permitted at driveway and entryway locations. Openings in the exterior parking structure facade may not exceed 50 percent of the total parking structure facade area. Except garage entrances and exits, openings in parking structure facades that are visible from an adjacent public right-of-way may not exceed 45 percent of the total parking structure. (3) Within five years from passage of this ordinance or within 12 months of a final certificate of occupancy for a use in Subarea B, whichever comes first, the exterior materials of the building elevations of the existing retail building in Subarea A must be changed to be architecturally consistent with the buildings in Subareas B, C, and D. (e)

Roofs.

(1) Roof-mounted mechanical equipment, skylights, and solar panels must be screened or set back so they are not visible from a point 5.5 feet above grade at the property line. Screening materials must match the materials and colors used on the main building. Chainlink fences may not be used as a screening material. (2)

Roofs must have at least one of the following design elements:

(A) Parapets having a rhythmic pattern and detailing such as cornices, moldings, trim, or variations in brick coursing. (B)

Sloping roofs with the following design elements: (i)

Slope of at least 5:12.

16


Z112-312(MW) (ii)

Two or more slope planes.

(3) Sloping roofs must be either asphalt composition shingles, metal standing seam, clay tiles, concrete tiles, or similar materials. (4) supporting wall.

Overhanging eaves extending at least two feet beyond the

SEC. 51P-___.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI. SEC. 51P.

LANDSCAPING.

(1) Except as provided in this section, landscaping must be provided in accordance with Article X. one lot.

(2)

For the purposes of this section, this district shall be considered

(3) Article X requirements shall improvements necessary to build the mews street. (4)

not

be

triggered

by

paving

Street trees count toward the minimum requirement for site trees.

(5) The minimum number of trees required on Arapaho Road and Knoll Trail is determined by dividing the number of feet of street frontage, excluding visibility triangles and ingress and egress points, by 25 for each frontage. These trees may be provided in a clustered formation. Trees selected must meet the planting criteria of the Public Utility Commission and the local utility provider with regard to maturity, height, and tree canopy. (6) Enhanced paving as shown on the development plan satisfies one of the two design standards required in Section 51A-10.126. SEC. 51P. (a)

.

LICENSES GRANTED.

Private License Granted.

(1) The city council hereby grants a revocable, non-exclusive license to the owners or tenants (with the written consent of the owner) of all property in this district for the exclusive purpose of authorizing compliance with the parkway landscaping requirements of this article. â&#x20AC;&#x153;Parkwayâ&#x20AC;? means the portion of a street right of way between the street curb and the lot line. An owner or tenant is not required to pay an initial or annual fee for this license, although a fee may be charged for issuance of a parkway landscape permit. This private license will not terminate at the end of any specific period, however, the city council reserves the right to terminate this license at will, by resolutions passed by the city council, any time such termination becomes necessary. The determination by the city council of the need for termination is final and binding. The city shall become entitled to possession of the licensed area without giving 17


Z112-312(MW) any notice and without the necessity of legal proceedings to obtain possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of the right-of-way or when the purpose or use of the license is likely to become a nuisance or a threat to public safety. Upon termination of the license by the city council, each owner or tenant shall remove all improvements and installations in the public rights-of-way to the satisfaction of the city. (2) An owner or tenant is not required to comply with any landscaping requirement to the extent that compliance is made impossible due to the city councilâ&#x20AC;&#x2122;s revocation of the private license granted by this subsection. (3) Upon the installation of landscaping and related amenities, such as irrigation systems, in the public rights-of-way, the owner or tenant shall procure, pay for, and keep in full force and effect commercial general liability insurance coverage with an insurance company authorized to do business in the State of Texas and otherwise acceptable to the city, subsection, with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence, and $2,000,000 annual aggregate. Coverage under this liability policy must be on an occurrence basis and the city shall be named as additional insured. Proof of such insurance must be sent to: Office of Risk Management, City of Dallas, 1500 Marilla, Dallas, Texas 75201, and the policy must provide for 30 days prior written notice to the Office of Risk Management of cancellation, expiration, non-renewal, or material change in coverage. All subrogation rights for loss or damage against the city are hereby waived to the extent that they are covered by this liability insurance policy. (4) Each owner or tenant is responsible for maintaining the landscaping in a healthy, growing condition, for keeping related amenities in good repair and condition, and for keeping the premises safe and from deteriorating in value or condition, at no expense to the city. The city is absolutely exempt from any requirements to make repairs or to maintain the landscaping, related amenities, or the premises. The granting of a license for landscaping and related amenities under this subsection does not release the owner or tenant from liability for the installation or maintenance of trees, landscaping, and related amenities in the public right-of-way. (b)

Parkway Landscape Permit.

(1) It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating trees, landscaping, or related amenities in the parkway. An application for a parkway landscape permit must be made to the building official. The application must be in writing on a form approved by the building official and accompanied by plans or drawings showing the area of the parkway affected and the planting or other amenities proposed. (2) Upon receipt of the application and any required fees, the building official shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, the building official determines that the construction, planting, or other amenities proposed will not be inconsistent with and will not unreasonably impair the public use of the right18


Z112-312(MW) of-way, the building official shall issue a parkway landscape permit to the property owner; otherwise, the building official shall deny the permit. (3) A property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the building officialâ&#x20AC;&#x2122;s denial of a parkway landscape permit. (4) A parkway landscape permit issued by the building official is subject to immediate revocation upon written notice if at any time the building official determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the building officialâ&#x20AC;&#x2122;s revocation of a parkway landscape permit. (5) The issuance of a parkway landscape permit under this subsection does not excuse the property owner, his agents, or employees from liability for the installation or maintenance of trees or other amenities in the public right-of-way. SEC. 51P. (a)

SIDEWALKS AND PEDESTRIAN AMENITIES. Sidewalks.

(1) A minimum eight-foot-wide sidewalk with at least four feet of unobstructed width must be provided along Arapaho Road and the mews street in the locations shown on the Development Plan for Subareas A, B and C. (2) ADA approved tree well grates may be provided in sidewalks and are not considered an obstruction. (3) If a sidewalk is located in the front yard, the property owner must dedicate a sidewalk easement to the city to assure its availability to the public as a permanent pedestrian way. (b) street:

Pedestrian amenities. (1)

private drive. Road:

(2)

The following pedestrian amenities are required along the mews (A)

a minimum of 20 benches;

(B)

a minimum of six trash receptacles; and

(C)

pedestrian lighting placed at a minimum of one per 75 feet of

The following pedestrian amenities are required along Arapaho

19


Z112-312(MW)

(3)

(A)

a minimum of six benches;

(B)

a minimum of three trash receptacles; and

(C)

pedestrian lighting placed at a minimum of one per 75 feet of street frontage.

The following pedestrian amenities are required along Knoll Trail: (A) (B)

a minimum of two benches; a minimum of two trash receptacles; and

(C) pedestrian lighting placed at a minimum of one per 150 feet of frontage in Subarea A. The existing parking lot lights located along the east side of Knoll Trail count toward meeting the minimum pedestrian lighting requirement. If Subarea A redevelops, pedestrian lighting must be provided at a maximum of one per 75 feet at a maximum height of 16 feet. (D) frontage in Subarea B.

Pedestrian lighting placed at a minimum of one per 75 feet of

(4) All pedestrian amenities must be maintained by the owner of the lot; if there is more than one owner, all owners are jointly and severally responsible for maintenance. (5) Except as provided in Section 51P-____(b)(3)(C) above, pedestrian lighting may include pole, bollard style, or other structure mounted lighting provided the maximum height of the lighting source is no greater than 16 feet from the ground. (6)

space. SEC. 51P-

A minimum of ten percent of the site must be designated as open

.

CONFORMING â&#x20AC;&#x201C; STRUCTURES.

(a) Buildings existing as of __________ (date of passage) are considered conforming with respect to building setbacks. SEC. 51P-

.

SIGNS.

(a) Signs must comply with the provisions for business zoning districts in Article VII. (b) For multi-family uses in Subareas B and C, three blade signs are permitted, subject to the following regulations:

20


Z112-312(MW)

side.

(1)

Maximum effective area for each blade sign is 72 square feet per

(2)

Blade signs must be attached to a main structure.

(3) setbacks. SEC. 51P-

.

Blade signs may project a maximum of 2.5 feet into required ADDITIONAL PROVISIONS.

(a) One temporary leasing office may be erected for up to 180 days from the date of permit without the requirement of a development plan. The temporary leasing office is permitted within the building setbacks. The building official may approve additional 30-day extensions. (b) The Property must be properly maintained in a state of good repair and neat appearance. (c) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P-____.

COMPLIANCE WITH CONDITIONS.

(a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the city. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city.

21


Z112-312(MW) Proposed Conceptual Plan

22


Z112-312(MW)

Proposed Development Plan

23


Z112-312(MW) Mews Street Landscape Plan

24


Z112-312(MW)

25


Z112-312(MW)

Multifamily

Office Multifamily

Bar

Retail

Townhomes

Shopping center

26


Z112-312(MW)

1

2

27


Z112-312(MW) CPC Responses

28


Z112-312(MW) 1/24/2013

Reply List of Property Owners Z112-312 25 Property Owners Notified

4 Property Owners in Favor

Reply Label # Address

1 Property Owners Opposed

Owner

O

1

5519

ARAPAHO RD

PV PRESTONWOOD I LTD

O

2

5519

ARAPAHO RD

PV PRESTONWOOD II LTD

O

3

15250

PRESTONWOOD BLVD PRESTONWOOD TRADITION LP

O

4

15203

KNOLL TRAIL DR

PRESTONWOOD PARTNERS LTD

5

15400

KNOLL TRAIL DR

PRESTONWOOD REALTY LTD

6

5330

BENT TREE FOREST DR SPP COVINGTON POINTE LTD

7

15905

BENT TREE FOREST DR APTCO BENT TREE LP

8

5314

ARAPAHO RD

SANDS JULIA ELIZABETH

9

5304

ARAPAHO RD

SANDS JULIA ELIZABETH TRUST

10

200

VIZCAYA DR

BIR ESTANCIA LIMITED PS

11

15402

PRESTONWOOD BLVD JEWISH FAMILY SERVICE OF

12

15313

MONTFORT DR

BLUE WAVE MONFORT

13

15237

MONTFORT DR

GENIUSCHILD II LLC

14

15220

MONTFORT RD

WAL-MART REAL ESTATE BUSI

15

5540

ARAPAHO RD

HALLE PROPERTIES LLC

16

5665

ARAPAHO RD

BERKELY INDUSTRIES LTD

17

15490

DALLAS PKWY

SA OMAX 2007 LP

18

15440

DALLAS PKWY

SA OMAX 2007

19

15550

KNOLL TRAIL

HOWSEA USA INC

20

15850

DALLAS PKWY

15850 HOLDINGS LLC

21

15770

DALLAS PKWY

ONE WEST LTD

22

15660

DALLAS PKWY

GRANITE ONE WEST LTD

23

15443

KNOLL TRAIL DR

BRO CO LLC

24

15401

KNOLL TRAIL DR

TEXAS UTILITIES ELEC CO

25

401

BUCKNER BLVD

DART

X

29


AGENDA ITEM # 61

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

5

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

64 R

SUBJECT A public hearing to receive comments regarding an application for and (1) an ordinance granting a D-1 Liquor Control Overlay and an ordinance granting a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an RR Regional Retail District with a D Liquor Control Overlay; (2) an ordinance granting an RR Regional Retail District on property zoned a CR Community Retail District; and (3) a resolution accepting deed restrictions volunteered by the applicant on property zoned an RR Regional Retail District and a CR Community Retail District on the north side of East Laureland Road, east of South R.L. Thornton Freeway Recommendation of CPC and Staff: Approval of a D-1 Liquor Control Overlay, approval of a Specific Use Permit for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions; approval of an RR Regional Retail District, and approval of deed restrictions volunteered by the applicant Z123-116(MW)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER: Z123-116(MW)

DATE FILED: October 19, 2012

LOCATION: North side of East Laureland Road, east of South RL Thornton Freeway COUNCIL DISTRICT: 5

MAPSCO: 64-R

SIZE OF REQUEST: Âą1.53 acres

CENSUS TRACT: 112.00

REPRESENTATIVE:

Verdad Real Estate, Rick Hall

APPLICANT:

Lend Lease, Michael Hampton, AICP

OWNER:

SE Cemeteries of Texas (aka Laurel Land Memorial Park, Inc.)

REQUEST:

An application for 1) a D-1 Liquor Control Overlay and a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an RR Regional Retail District with a D Liquor Control Overlay and 2) an RR Regional Retail District on property zoned a CR Community Retail District and 3) deed restrictions volunteered by the applicant on property zoned an RR Regional Retail District and a CR Community Retail District.

SUMMARY:

The applicant intends to develop the request site, in conjunction with an adjacent property, with a general merchandise or food store 3,500 square feet or less (convenience store) and a motor vehicle fueling station. The specific permit will allow the sale of alcohol at the convenience store. The request for an RR Regional Retail District will provide consistent zoning on the development site.

CPC RECOMMENDATION:

Approval of a D-1 Liquor Control Overlay, approval of a Specific Use Permit for a two-year period with eligibility for automatic renewal for additional five-year periods; subject to a site plan and conditions; approval of an RR Regional Retail District and approval of deed restrictions volunteered by the applicant.

STAFF RECOMMENDATION:

Approval of a D-1 Liquor Control Overlay, approval of a Specific Use Permit for a two-year period with eligibility for automatic renewal for additional five-year periods; subject to a site plan and conditions; approval of an RR Regional Retail District and approval of deed restrictions volunteered by the applicant. 1


Z123-116(MW) BACKGROUND INFORMATION: •

The ±1.53-acre request site consists of two parcels of land: 1) a ±0.93-acre lot zoned an RR Regional Retail District with a D Liquor Control Overlay and 2) a ±0.60 acre lot zoned a CR Community Retail District.

The request site is predominately undeveloped but includes a ±2,100-square foot vacant storage warehouse which will be demolished.

The applicant intends to replat the request site with the property adjacent to the west, zoned an RR Regional Retail District, to create a ±2.5-acre building site.

The ±2.5-acre building site will be developed with a with a ±3,010 square foot convenience store and a motor vehicle fueling station both of which are currently permitted by right in the CR Community Retail and RR Regional Retail Districts.

The sale of alcoholic beverages is allowed by right on the portion of the request site not covered by the D Liquor Control Overlay. However, the proposed convenience store will be located on the portion of the property covered by the D overlay, which prohibits the sale of alcoholic beverages.

The applicant proposes to sell beer and wine for off-premise consumption in conjunction with the convenience store and, therefore, requests a D-1 Liquor Control Overlay and a Specific Use Permit.

The request site is surrounded by a motel and single family residential to the north; undeveloped property to the east; a cemetery to the south and undeveloped property to the west.

The applicant is volunteering deed restrictions to prohibit certain uses on the request site.

Zoning History: There have been no recent zoning requests within the immediate vicinity request site. Thoroughfares/Streets:

Thoroughfare/Street

Type

Existing ROW

RL Thornton Freeway

Interstate Highway

Varies

Laureland Road

Collector

67 feet

2


Z123-116(MW) Land Use: Zoning

Land Use

Site

RR-D; CR

Undeveloped; vacant warehouse

North

RR-D; R-7.5(A)

Motel; single family

East

R-7.5(A)

Undeveloped

South

CR with SUP No. 187

Cemetery

West

RR

Undeveloped

STAFF ANALYSIS: Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depict general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Residential Neighborhood; however, the portion of the development site not subject to this zoning case has frontage on a Commercial Corridor. While single family dwellings are the dominant land use in the Residential Neighborhood Building Block, shops, restaurants, or institutional land uses that serve residents may be located at the edges or at key intersections. Commercial Corridors, commonly at the intersection of major streets, are easily accessed via automobiles. In addition to jobs and services, Commercial Centers or Corridors also may include multifamily housing in low- to mid-rise apartment buildings or condominiums. In general, the applicant’s proposal is consistent with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

Promote desired development Policy 1.1.5: Use Vision Building Blocks as a general guide for desired development patterns

Land Use Compatibility: The ±1.53-acre request site consists of two parcels of land: 1) a ±0.93-acre lot zoned an RR Regional Retail District with a D Liquor Control Overlay and 2) a ±0.60 acre lot zoned a CR Community Retail District. The request site is predominately undeveloped but includes a ±2,100-square foot vacant storage warehouse which will be demolished. 3


Z123-116(MW) The applicant intends to replat the request site with the property adjacent to the west, zoned an RR Regional Retail District, to create a ±2.5-acre building site. The ±2.5-acre building site will be developed with a with a ±3,010 square foot convenience store and a motor vehicle fueling station, both of which are currently permitted by right. However, the convenience store will be located on the portion of the property covered by the D overlay, which prohibits the sale of alcoholic beverages. The applicant proposes to sell beer and wine for off-premise consumption in conjunction with the proposed convenience store and, therefore, requests a D-1 Liquor Control Overlay and a Specific Use Permit. The request site is surrounded by a motel and single family residential to the north; undeveloped property to the east; a cemetery to the south and undeveloped property to the west. Pursuant to the Dallas Development Code, screening is required on the rear or service side of a building adjacent to residential uses and for parking adjacent to residential uses. As depicted on the site plan, a six-foot solid screen fence and a ten-foot residential adjacency buffer will be provided where adjacent to the R-7.5(A) Single Family District. This will ensure compatibility with the existing single family, as well as with any future residential development. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicant’s request is consistent with the intent of the Dallas Development Code. Therefore, staff recommends approval of a D-1 Liquor Control Overlay and approval of a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions. Staff also recommends approval of the RR Regional Retail District.

4


Z123-116(MW) Development Standards: District

Setbacks Front

CR Community retail

15’

RR Regional retail

15’

Side/Rear 20’ adjacent to residential OTHER: No Min. 20’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

Special Standards

Primary Uses

0.75 FAR overall 0.5 office

54’ 4 stories

60%

Proximity Slope Visual Intrusion

Retail & personal service, office

1.5 FAR overall 0.5 office

70’ 5 stories

80%

Proximity Slope U-form setback Visual Intrusion

Retail & personal service, office

Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Construction and Development has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Parking: Pursuant to the Dallas Development Code, the off-street parking requirement for a general merchandise or food store use is one (1) space per 200 square feet of floor area; a motor vehicle or fueling station requires two spaces. Therefore, the ±3,010-square foot convenience store with fuel pumps requires 17 parking spaces; 28 spaces will be provided as depicted on the site plan. Landscaping: Landscaping will be required pursuant to Article X of the Dallas Development Code. In accordance with Article X, a ten-foot landscape buffer strip is required adjacent to the R7.5(A) Single Family District to the north and east of the request site and is depicted on the proposed site plan. Deed restrictions: The applicant is volunteering deed restrictions to prohibit the following uses: Office uses. --

Alternative financial establishment.

Retail and personal service uses. -----

Alcoholic beverage establishments. Business School. Car wash. [Except as an accessory to a general merchandise or food store 3,500 square feet or less.] Commercial amusement (inside). 5


Z123-116(MW) ----

Personal service use. [Massage establishment and tattoo and body piercing studio only] Pawn shop. Vehicle display, sales and service.

Wholesale, distribution, and storage uses. --

Mini-warehouse.

6


Z123-116(MW) CPC Action: January 24, 2013 Motion: It was moved to recommend approval of 1) a D-1 Liquor Control Overlay and approval of a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less for a two-year period with eligibility for automatic renewal for additional five-year periods; subject to a site plan and conditions on property zoned an RR Regional Retail District with a D Liquor Control Overlay; approval of 2) an RR Regional Retail District on property zoned a CR Community Retail District and 3) approval of deed restrictions volunteered by the applicant on property zoned an RR Regional Retail District and a CR Community Retail District on the north side of East Laureland Road, east of South RL Thornton Freeway. Maker: Second: Result:

Rodgers Bagley Carried: 15 to 0

For:

15 -Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar

Against: Absent: Vacancy:

0 0 0

Notices: Replies:

Area: For:

300 0

Mailed: Against:

Speakers:

For: Michael Hampton, 1828 Tumbleweed Cir., Rockwall, TX, 75087 Phyllis Arceneaux, 316 Woodlark Trl., Dallas, TX, 75241 For (Did not speak): Glenn Arceneaux, 316 Woodlark Trl., Dallas, TX, 75241 Against: None

7

20 5


Z123-116(MW) Deed restrictions volunteered by the Applicant II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: The following uses are prohibited: Office uses. --

Alternative financial establishment.

Retail and personal service uses. --------

Alcoholic beverage establishments. Business School. Car wash. [Except as an accessory to a general merchandise or food store 3,500 square feet or less.] Commercial amusement (inside). Personal service use. [Massage establishment and tattoo and body piercing studio only] Pawn shop. Vehicle display, sales and service.

Wholesale, distribution, and storage uses. --

Mini-warehouse.

MASSAGE ESTABLISHMENT and MASSAGE mean a massage establishment or massage as defined by Texas Occupation Code Chapter 455, as amended. TATTOO AND BODY PIERCING STUDIO means a business in which tattooing or body piercing is performed. Tattooing means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. Body piercing means the piercing of body parts, other than ears, for purposes of allowing the insertion of jewelry.

8


Z123-116(MW) Z123-116 CPC Recommended SUP Conditions 1. USE: The only use authorized by this specific use permit is the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on (two years), but is eligible for automatic renewal for additional five-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. FLOOR AREA: Maximum floor area is 3,010 square feet. 5. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 6. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

9


Z123-116(MW) Proposed Site Plan

Request Site

10


Z123-116(MW)

11


Z123-116(MW)

Autorelated Single family Motel

Undeveloped Undeveloped

Cemetery

12


Z123-116(MW) CPC Responses

13


Z123-116(MW) 1/24/2013

Reply List of Property Owners Z123-116 20 Property Owners Notified

0 Property Owners in Favor

Reply Label # Address

5 Property Owners Opposed

Owner

1

201

LAURELAND RD

LAUREL LAND MEMORIAL

2

219

LAURELAND RD

LAUREL LAND MEMORIAL PARK

3

225

LAURELAND RD

BRICKLEY DOUGLASSJ TRUSTEE

4

5918

R L THORNTON FWY

LAUREL LAND MEM PARK

5

309

LAURELAND RD

JONES SHEILA

6

5725

GLEN FOREST LN

WHISNANT J CLIFTON

X

7

5721

GLEN FOREST LN

HODGE GOLDIE

X

8

5726

GLEN FOREST LN

BENSON JUANITA

X

9

316

WOODLARK TRL

ARCENEAUX PHYLLIS G

X

10

310

WOODLARK TRL

DANIELS LINDSEY E

X

11

306

WOODLARK TRL

DORSEY JIMMIE

12

226

WOODLARK TRL

REVEST PROP INVEST LLC

13

220

WOODLARK TRL

REVEST PROPERTIES

14

216

WOODLARK TRL

BROOKS BETTY LAVERNE J

15

6306

R L THORNTON FWY

LAUREL LAND MEMORIAL PA

16

6000

R L THORNTON FWY

LAUREL LAND FUNERAL

17

6000

R L THORNTON FWY

LAUREL LAND MEM PARK

18

5860

R L THORNTON FWY

TEJAL CORPORATION

19

5830

R L THORNTON FWY

SOUTH THORNTON ASSOCIATES

20

5802

R L THORNTON FWY

TLC PPTIES INC

14


AGENDA ITEM # 62

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:

44 B

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an MU-1 Mixed District on property zoned an IR Industrial Research District on the west corner of Crampton Street and Converse Street Recommendation of Staff and CPC: Approval Z123-126(MW)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER: Z123-126 (MW)

DATE FILED: October 30, 2012

LOCATION: West corner of Crampton Street and Converse Street COUNCIL DISTRICT: 2

MAPSCO: 44-B

SIZE OF REQUEST: ±13,635 sf

CENSUS TRACT: 100

APPLICANT/REPRESENTATIVE/OWNER:

Jacques Lamy

REQUEST:

An application for an MU-1 Mixed District on property zoned an IR Industrial Research District.

SUMMARY:

The applicant would like the ability to redevelop the site with a maximum of three live/work spaces. However, no new construction is proposed at this time.

CPC RECOMMENDATION:

Approval

STAFF RECOMMENDATION:

Approval

1


Z123-126 (MW) BACKGROUND INFORMATION: •

The ±13,635-square foot request site is developed with a ±7,650 square-foot warehouse building currently occupied by a moving company and a construction company.

The request site is surrounded by warehouse and multifamily residential to the north and warehouses which accommodate a variety of businesses and light industrial uses to the northeast; southeast; southwest and northwest.

Zoning History: There have been no recent zoning cases within the immediate vicinity of the request site. Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Crampton Street

Local

80 feet

Converse Street

Local

80 feet

Land Use: Zoning

Land Use

Site

IR

Warehouse

North

MU-1

Multifamily; warehouse

Northeast

IM

Warehouse

Southeast

IR

Warehouse

Southwest

IR

Warehouse

Northwest

IR

Warehouse

STAFF ANALYSIS: Area Plan: The request site is within an area recommended for Mixed Use/Adaptive reuse on the Trinity River Corridor Comprehensive Land Use Plan. However, the subject property is not included within a specific Study Area at this time.

2


Z123-126 (MW) Comprehensive Plan: The subject site is identified as being within an Urban Mixed Use Building Block on the forwardDallas! Vision Illustration, adopted June 2006. This building block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. Urban mixed use districts are intended to incorporate housing, jobs and commercial activity in strategic locations throughout the city which are linked by means of the transit system and are designed to encourage pedestrian mobility. The applicant’s proposal to create a live-work space in this area of the city is consistent with the forwardDallas! Vision and further complies with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT GOAL 1.2:

PROMOTE DESIRED DEVELOPMENT Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns.

GOAL 1.1: ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES. Policy 1.1.1 Implement the Trinity River Corridor Plan. ECONOMIC ELEMENT GOAL 2.2:

ENGAGE IN STRATEGIC ECONOMIC DEVELOPMENT

Policy 2.2.1

Focus economic development efforts on revitalization of the Trinity River Corridor

ENVIRONMENT ELEMENT GOAL 6.3

IMPROVE ENERGY EFFICIENCY AND AIR QUALITY

Policy 6.3.3

Limit vehicle miles traveled.

Land Use Compatibility: The ±13,635-square foot request site is developed with a ±7,650 square-foot warehouse building currently occupied by a moving company and a construction company. The applicant would like the ability to redevelop the site with a maximum of three live/work spaces. However, no new construction is proposed at this time.

3


Z123-126 (MW) The request site is surrounded by warehouse and multifamily residential to the north and warehouses which accommodate a variety of businesses and light industrial uses to the northeast; southeast; southwest and northwest. The proposed MU-1 District allows for the development of moderate density retail, office, and residential uses. The MU-1 District is designed to encourage a mixture of these uses on single or continuous building sites. Staff recognizes the transitional nature of the area and supports the applicant’s request. Development Standards: DISTRICT

Existing: IR

Proposed: MU-1

Front

15’

15’

SETBACKS Side/Rear

Density FAR

Height

Lot Coverage

Special Standards

Primary Uses

30’ adj. to residential Other: no min.

2.0 FAR overall 0.75 office/ retail 0.5 retail

200’ 80% 15 stories

RPS Visual Intrusion

Industrial, wholesale distribution & storage, supporting office & retail

20’ adjacent to residential OTHER: No Min.

0.8 FAR base 1.0 FAR maximum + bonus for residential

90’ 7 stories 120’ 9 stories with retail

Proximity Slope U-form setback Tower spacing Visual Intrusion

Office, retail & personal service, lodging, residential

80%

Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Development and Constructions has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Parking: Parking must be provided pursuant to §51A-4.200 of the Dallas Development Code. Landscaping: Since no increase in floor area is proposed by this application, landscaping is not required. However, if additional floor area is proposed in the future, landscaping will be required pursuant to Article X of the Dallas Development Code.

4


Z123-126 (MW) CPC Action: January 24, 2013: Motion: It was moved to recommend approval of an MU-1 Mixed District on property zoned an IR Industrial Research District on the west corner of Crampton Street and Converse Street. Maker: Second: Result: For:

Bernbaum Wally Carried: 15 to 0

15 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar

Against: Absent: Vacancy:

0 0 0

Notices: Replies:

Area: For:

Speakers:

None

200 3

Mailed: Against:

5

24 0


Z123-126 (MW)

6


Z123-126 (MW)

Multifamily; warehouse

Warehouse

Warehouse

Warehouse

7


Z123-126 (MW) CPC Responses

8


Z123-126 (MW) 1/24/2013

Reply List of Property Owners Z123-126 24Property Owners Notified

3 Property Owners in Favor Owners Opposed

Reply Label # Address

O

O

O

0 Property

Owner

1

1371

CRAMPTON ST

LAMY JACQUES &

2

2532

CONVERSE ST

KNUTSON INVESTMENT CO LLC

3

2524

CONVERSE ST

HART TIM D

4

1381

CRAMPTON ST

WTHW LTD

5

1389

CRAMPTON ST

MAYO D MICHAEL &

6

1393

CRAMPTON ST

HAY G R

7

1320

CHEMICAL ST

KEYLAND INV LP

8

1346

CHEMICAL ST

SEELCCO PARTNERS LTD

9

1350

CHEMICAL ST

DORCO REALTY CO

10

1352

CHEMICAL ST

TWIN CEDARS RANCH LLC

11

1356

CHEMICAL ST

SENGBUSH STUDIO INC

12

1363

CRAMPTON ST

LANG 1363 CRAMPTON LLC

13

1359

CRAMPTON ST

COLE RICHARD N

14

1341

CRAMPTON ST

CHEN ROCKY

15

1337

CRAMPTON ST

AMITA TRADING INC

16

1352

CRAMPTON ST

CRAMPTON 1352 LLC

17

2430

CONVERSE ST

AMERICAN WHOLESALE

18

2424

CONVERSE ST

BUCK ROBERT T

19

1378

CRAMPTON ST

BATES & MYERS JOINT

20

1388

CRAMPTON ST

ORKIN INC

21

2514

CONVERSE ST

HAVERFIELD PAT &

22

1320

CHEMICAL ST

LIN YEN HUNG LINCOLN

23

1346

CHEMICAL ST

SEELCCO PARTNERS LTD

24

1304

CHEMICAL ST

KNOBLER DONALD G

9


AGENDA ITEM # 63

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:

45 M

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an alcoholic beverage establishment limited to bar, lounge or tavern use on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District on the south side of Elm Street, east of North Good Latimer Expressway Recommendation of Staff and CPC: Approval for a two-year period, subject to a site plan and conditions Z123-137(MW)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER: Z123-137(MW)

DATE FILED: October 2, 2012

LOCATION: South side of Elm Street, east of North Good Latimer Expressway COUNCIL DISTRICT: 2

MAPSCO: 45-M

SIZE OF REQUEST: Âą2,500 square feet

CENSUS TRACT: 204

APPLICANT:

Twilite on Elm, LLC

REPRESENTATIVE:

Jason Marshall

OWNER:

42 Deep Ellum, LP

REQUEST:

An application for a Specific Use Permit for an alcoholic beverage establishment limited to bar, lounge or tavern use on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District.

SUMMARY:

The applicant proposes to operate a bar, lounge or tavern within an existing building.

CPC RECOMMENDATION:

Approval for a two-year period subject to a site plan and conditions.

STAFF RECOMMENDATION:

Approval for a two-year period subject to a site plan and conditions.

1


Z123-137(MW) BACKGROUND INFORMATION: •

The ±2,500-square foot request site is developed with a ±1,500-square foot building, which is currently vacant, and includes a ±1,000-square foot uncovered patio.

The request site is surrounded by a charter school and retail to the north; retail to the east and south and a bar lounge or tavern to the west.

Zoning History: 1.

Z112-206: On August 22, 2012, the City Council approved SUP No. 1982 for a bar, lounge, or tavern and an inside commercial amusement limited to a dance hall for a one-year period.

2.

Z101-242: On October 26, 2011, the City Council approved SUP No. 1913 for a bar, lounge or tavern for a two-year period.

3.

Z089-271: On December 9, 2009, the City Council approved SUP No. 1783 for bar, lounge or tavern for a two-year period.

4.

Z101-257: On August 10, 2011, the City Council approved renewal of SUP No. 1767 for a three-year period.

5.

Z101-187: On May 25, 2011, the City Council approved renewal of SUP No. 1757 for a bar, lounge, or tavern and an inside commercial amusement use for a live music venue on property for a three-year period.

6.

Z056-271: On January 10, 2007, the City Council approved a specific use permit for a body piercing studio and a tattoo studio for a ten-year period.

Thoroughfares/Streets: Thoroughfare/Street Elm Street

Type Collector

Existing/Proposed ROW 70 feet

Land Use:

Site North East South West

Land Use Vacant Charter school; retail Retail Retail Bar

Zoning PDD No. 269 PDD No. 269; H/51 PDD No. 269 PDD No. 269 PDD No. 269; SUP 1913

2


Z123-137(MW) STAFF ANALYSIS: Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration is comprised of a series of Building Blocks that shows general land use patterns. They are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The request site lies within an Urban Mixed-Use Building Block. This Building Block provides for a healthy balance of housing, job, and shopping that permits residents to live, work, shop, and play in the same neighborhood. Wide sidewalks and pedestrian features offer alternative access options to this type of area, thus permitting foot and bike traffic to benefit from the mix of uses. In general, the applicant’s proposal is consistent with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

PROMOTE DESIRED DEVELOPMENT Policy 1.1.5: Use Vision Building Blocks as a general guide for desired development patterns

URBAN DESIGN ELEMENT GOAL 5.3

ESTABLISHING WALK-TO CONVENIENCE Policy 5.3.1 Encourage a balance of land uses within walking distance of each other.

Land Use Compatibility: The ±2,500-square foot request site is developed with a ±1,500-square foot building, which is currently vacant, and includes a ±1,000-square foot uncovered patio. The applicant proposes to operate a bar, lounge or tavern within the existing building and to utilize the patio in conjunction with the main use. The applicant intends to operate between 11:00 am and 2:00 am (the next day), Monday through Sunday, consistent with other bar, lounge or tavern uses in the area. The request site is surrounded by a charter school and retail to the north; retail to the east and south and a bar lounge or tavern to the west. It is noted that the request site is within 300 feet of a public school; however, pursuant to Chapter 6 of the Dallas Development Code, PDD No. 269 is exempt from the alcohol distance requirements.

3


Z123-137(MW) The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The request; subject to a site plan and conditions is considered compatible with the surrounding uses. Staff recommends an initial two-year time period so that the use can be reevaluated for compatibility. Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Construction and Development has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Parking: PDD No. 269 gives a credit for the first 2,500 square feet of bar, lounge, or tavern uses when located on the first floor in an original building. Therefore, the proposed bar, lounge or tavern, which does not exceed 2,500 square feet, will not require any offstreet parking. It has historically been recognized that Deep Ellum serves as an entertainment and retail destination that often finds patrons traversing the area on foot. As a result, the areaâ&#x20AC;&#x2122;s surface parking lots and on-street meters provide for parking options. Landscaping: No new construction is proposed by this application. New construction would require landscaping in accordance with the provisions of Planned Development District No. 269.

4


Z123-137(MW) CPC Action: January 24, 2013: Motion: It was moved to recommend approval of a Specific Use Permit for an alcoholic beverage establishment limited to bar, lounge or tavern use for a two-year period, subject to a site plan and conditions on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District on the south side of Elm Street, east of North Good Latimer Expressway. Maker: Second: Result:

Bernbaum Wally Carried: 15 to 0

For:

15 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar

Against: Absent: Vacancy:

0 0 0

Notices: Replies:

Area: For:

200 1

Speakers:

None

Mailed: Against:

5

22 0


Z123-137(MW) Partners/Principals/Officers:

6


Z123-137(MW) Z123-137 CPC Recommended SUP Conditions 1.

USE: The only use authorized by this specific use permit is an alcoholic beverage establishment limited to a bar, lounge or tavern.

2.

SITE PLAN: Use and development of the Property must comply with the attached site plan.

3.

TIME LIMIT: This specific use permit automatically terminates on (two years).

4.

FLOOR AREA: A.

Maximum floor area for a bar, lounge or tavern is 1,500 square feet in the location as shown on the attached site plan.

B.

Maximum land area for the uncovered patio is 1,000 square feet in the location shown on the attached site plan.

5.

HOURS OF OPERATION: The alcoholic beverage establishment limited to a bar, lounge or tavern may only operate between 11:00 a.m. and 2:00 a.m. (the next day), Monday through Sunday.

6.

PARKING: Parking must be provided in accordance with the requirements of Planned Development District No. 269, the Deep Ellum/Near East Side District. Delta credits, as defined in Section 51A-4.704(b)(4)(A), may not be used to meet the off-street parking requirement.

7.

MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance.

8.

GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

7


Z123-137(MW) Proposed Site Plan

8


Z123-137(MW)

9


Z123-137(MW)

Bar Retail Charter School

Retai l

Bar Bar

Retail Bar

Retail

Body piercing/ tattoo studio

Bar

10


Z123-137(MW)

5

1 3

2

7

4

11

6


Z123-137(MW) CPC Responses

12


Z123-137(MW) 1/24/2013

Reply List of Property Owners Z123-137 22 Property Owners Notified

1 Property Owners in Favor

Reply Label # Address

O

0 Property Owners Opposed

Owner

1

2640

ELM ST

AMERITRUST TEXAS NA AGENT

2

2626

ELM ST

ELM STREET LOFTS LTD

3

2625

MAIN ST

EVANS HENRY J

4

2634

ELM ST

ROSE BARSHOP RESIDUARY TR

5

2628

ELM ST

ROSE BARSHOP RESIDUARY TR

6

2649

MAIN ST

PETERS WILSON G

7

2644

ELM ST

CAMERON PAUL DARREN

8

2635

MAIN ST

MERRILL ROBERT

9

2638

ELM ST

MGP HOLDINGS LLC

10

2634

ELM ST

BAZZLE S WAYNE &

11

2623

MAIN ST

PARK A LOT LP

12

2620

ELM ST

WESTDALE PROPERTIES AMERICA I LTD

13

2642

ELM ST

LALCO INC

14

2650

ELM ST

ELM ELM LLC

15

2646

ELM ST

TEXAS AUTO RADIATOR CO

16

2642

MAIN ST

MERRILL ROBERT L &

17

2650

MAIN ST

JERNIGAN REALTY PTNR LP

18

2720

ELM ST

ELM STREET REALTY LTD

19

2701

MAIN ST

42 2701 MAIN LP

20

2707

ELM ST

BELMOR CORP

21

2703

ELM ST

BELMOR CORP

22

2701

ELM ST

BELMOR CORP

13


AGENDA ITEM # 64

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:

45 B

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Zone 1 of Planned Development District No. 184 for office, retail and residential uses on the northeast corner of Carlisle Street and Cedar Springs Road Recommendation of Staff and CPC: Approval, subject to a development plan, landscape plan and conditions Z123-146(WE)


HONORABLE MAYOR AND CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER:

Z123-146(WE)

DATE FILED: November 27, 2011

LOCATION:

Carlisle Street and Cedar Springs Road, northeast corner

COUNCIL DISTRICT:

14

MAPSCO: 45B

SIZE OF REQUEST:

Approx. 2.3085 acres

CENSUS TRACT: 18.00

APPLICANT/ OWNER:

JLB 2728 Cedar Springs, L.P.

REPRESENTATIVE:

Jackson Walker, LLP, Jonathan Vinson

REQUEST:

An application for an amendment to Zone 1 of Planned Development District No. 184 for office, retail and residential uses.

SUMMARY:

The purpose of this request is to amend Zone 1 of Planned Development District No. 184 to allow for a multifamily development and reduction in the off-street parking requirements.

CPC RECOMMENDATION: landscape plan and conditions

Approval,

subject

to

a

development

plan,

STAFF RECOMMENDATION: landscape plan and conditions

Approval,

subject

to

a

development

plan,

1


Z123-146(WE)

BACKGROUND INFORMATION: •

The applicant’s request for an amendment to Tract 1 of Planned Development District No. 184 for office, residential and retail uses will allow for the construction of a 320-unit multifamily development.

In May 2008, the City Council approved an amendment to Tracts 1A and 1B of Planned Development District No. 184 to allow for the construction of a 5-story luxury hotel, an 18-story residential tower, 2 to 3 brownstone units and a restaurant and spa use.

The applicant wishes to retain the existing development rights, but proposes to only construct a multifamily development, at this time. The only change to the conditions will be a minor modification to the off-street parking requirements.

The proposed development will have three separate designated ingress and egress locations: 1) the driveway on Cedar Springs Road will be the main entrance/exit for the residence, 2) the motor court access on Carlisle Street will be used for future tenant inquires and drop-off, and 3) the 2nd driveway on Carlisle Street, closet to the existing multiple family development, will be a secondary access point to the parking garage and a service entrance/exit for the development.

Zoning History: There have been nine zoning changes requested in the area. 1. Z089-125

On February 25, 2009, the City Council approved a Planned Development Subdistrict for O-2 Office Subdistrict uses on property zoned an O-2 Office Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District in the area generally bounded by Carlisle Street, Cedar Springs Road, Vine Street and Cole Avenue.

2. Z067-275

On February 25, 2008, the City Council denied a Planned Development Subdistrict for HC Heavy Commercial Subdistrict uses within Planned Development District No. 193, on property zoned a GR General Retail Subdistricts and an HC Heavy Commercial Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District in the area generally located on both sides of Routh Street at the terminus of Katy Trail.

3. Z045-138

On April 27, 2005, the City Council approved a Planned Development Subdistrict for O-2 Office Subdistrict uses and a Retirement Housing Community within Planned Development District No. 2


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193, the Oak Lawn Special Purpose District, on property zoned an O-2 Office Subdistrict within Planned Development District No. 193 in the area generally located south of the intersection of Cedar Springs/Bowen Street and Turtle Creek Blvd. (not shown on map) 4. Z034-284

On October 13, 2004, the City Council approved a Planned Development Subdistrict for GR General Retail Subdistrict uses and a bank with a drive-in window service, subject to a development plan, landscape plan and conditions on property zoned a GR General Retail Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District in the general area bounded by Cedar Springs Road, Carlisle Road and Routh Street.

5. Z078-159

On May 28, 2008, the City Council approved an amendment to Zones 1A and 1B of Planned Development District No. 184 for office, retail and residential uses on the northeast corner of Cedar Spring Road and Carlisle Street.

6. Z101-265

On December 14, 2011, the City Council approved a Planned Development District for GR General Retail Subdistrict Uses on property zoned a GR General Retail Subdistrict with a D-1 Liquor Control Overlay on a portion of the site within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the northwest line of Carlisle Street between Fairmont Street and Routh Street.

7. Z101-343

On October 26, 2011, the City Council approved an amendment to the conditions to Planned Development Subdistrict No. 86 for O-2 Office Subdistrict uses within Planned Development District No. 193, the Oak Lawn Special Purpose District in the area generally bounded by Carlisle Street, Cedar Springs Road, Vine Street and Cole Avenue.

8. Z112-106

On January 25, 2012, the City Council approved a Planned Development Subdistrict for multiple family uses on property zoned an O-2 Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Carlisle Street, southwest of Bowen Street.

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9. Z123-125

On January 10, 2013, the City Planned Commission approved a Planned Development Subdistrict for multiple family uses on property zoned a GR General Retail Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District on the south corner of Carlisle Street and RouthStreet.

Thoroughfares/Streets: Thoroughfare/Street

Cedar Springs Road Carlisle Street

Type

Collector Minor Arterial

Existing ROW

Proposed ROW

100 ft. 50 ft.

100ft. 50 ft.

Land Use:

Site

Zoning PDD No. 184, Zone 1

North

O-2 w/in PDD No. 193

South

PDS No. 86 w/in PDD No. 193 PDD No. 184, Zone 2 HC w/in PDD No. 193

East West

Land Use Undeveloped, staging area for Construction Katy Trail, Undeveloped Multifamily and restaurant Multifamily Art supply store, Storage facility , Restaurant

Comprehensive Plan: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicantâ&#x20AC;&#x2122;s request. The request site is located in an Urban MixedUse Building Block. The proposed multifamily development will be located within the Urban Mixed-Use Building Block. This Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or mid-rise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an 4


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appealing streetscape. Large parking areas and other auto-oriented land uses are typically located at the edges. The proposed development will create an urban feel along Cedar Springs Road with an additional 30-foot set back from the streets curb to the proposed residential tower. The multifamily development will be restricted by various height zones that are illustrated on the development plan that shows the maximum heights between 60 feet and 299 feet. The proposed development should become a major focal point that could further define Turtle Creek community. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. URBAN DESIGN ELEMENT GOAL 5.1 PROMOTE A SENSE OF PLACE, SAFETY AND WORKABILITY Policy 5.1.2 Define urban character in Downtown and urban cores STAFF ANALYSIS: Land Use Compatibility: The 2.3085 acre site fronts on several street frontages and is undeveloped. The applicantâ&#x20AC;&#x2122;s request for an amendment to Zone 1 of Planned Development District No. 184 for office residential and retail uses will allow for the development of a 320 unit multifamily development that will be connected to the Katy Trail. The only minor change to the existing conditions is to modify the offstreet parking requirements to reflect the parking regulations in Planned Development District No. 193, the Oak Lawn Special Purpose District. The applicantâ&#x20AC;&#x2122;s request for a parking reduction from 2 dwelling units per bedroom to 1.5 dwelling units per bedroom will be consistent with the surrounding developments that were developed within Planned Development District No. 193, the Oak Lawn Special Purpose District. The request site is located within Planned Development District No. 193 boundaries. The proposed multifamily development will retain the existing development rights of the previous development, which limits the maximum allowable structure height by designating several height zones. The multifamily development will have three height zones. The lower height zone will be constructed with several multifamily units that will face the Katy Trail and will be limited to 60 feet. The mid-level zone will be limited to 95 feet. The final height zone will consist of a residential tower that will not exceed 299 feet. In addition, the

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proposed development will have a mix of 1 or 2 bedroom units with an average unit size of approximately 1,000 square feet. The proposed development will also have at least 2 to 3 penthouse units. Moreover, the applicant plans to incorporate the LEED for Homes Green Building design guidelines standards into the development. The proposed development will have three separate designated ingress and egress locations: 1) the driveway on Cedar Springs Road will be the main entrance/exit for the residence, 2) the motor court access on Carlisle Street will be used for future tenant inquires and drop-off, and 3) the 2nd driveway on Carlisle Street, which is adjacent to the existing multiple family development, will be a secondary access point to the parking garage and will also be used as a service entrance/exit for the development. The surrounding land uses consist primarily of offices, residential and retail uses. The residential uses are primarily on the east side of Cedar Springs Road, north of the Katy Trail. The request site is contiguous to a 5-story multifamily use that is located within PDD No. 184. On the south side of Carlisle Street, east of Cedar Springs Road is a 7 story, 550-unit multiple family development with restaurant uses. The two multiple family uses are zoned for a maximum structure height of 100 feet and 240 feet, respectively. On the west side of the request site, across Cedar Springs Road, are various uses that consist of office, mini-storage and restaurant uses. These uses are primarily developed as 2 to 3 stories and are zoned for a maximum height of 240 feet. Over the past 2 to 3 years, there have been several zoning change requests to allow for an increase in the height and density regulations in the Uptown area. Staff recommends approval of an amendment to Zone 1 of Planned Development District No 184 for office, residential and retail uses, subject to a revised development plan, landscape plan and conditions. Development Standards: DISTRICT

PDD No. 184, Zone 1

SETBACKS Front

25’ Cedar Springs, 22 ‘ Carlisle St.

Side/Rear

20’/0’/10’

Density

Height

Lot Coverage

Zone 1 – 441,000 sq. ft.

299’

Zone 1 - 71%

Special Standards

Proximity Slope U-form setback Tower spacing Visual Intrusion

PRIMARY Uses

Office, retail & personal service, residential

Note: The maximum FAR permitted in an O-2 District is 4:1. An additional .5:1 FAR is allowed where there is a minimum 1:1 component of residential use

Landscaping: The landscaping requirements in the original conditions stated that a detailed landscape plan using the guidelines of the Oak Lawn Forum plan must be approved by the City Plan Commission on or before the time of approval of each phase of the detailed development plan. The city arborist has reviewed the 6


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approved detailed development plan as well as the Oak Lawn Forum Plan to determine the specific landscape requirements. In reviewing both documents, staff concluded that the applicant’s submitted landscape plan will meet or supersede the landscaping requirements in Part 1 of Planned Development District 193, the Oak Lawn Special Purpose District as well as comply with the landscaping regulations for site and street trees requirements in Article X. Parking Regulations: The Engineering Section of the Department of Sustainable Development and Construction has reviewed and supports the applicant’s request to reduce the off-street parking requirements by 25 percent or 153 spaces. Currently, PDD No. 184, Zone 1 requires a minimum of 2 spaces for each dwelling unit. The applicant is requesting the change in the parking ratio to match the parking regulations for multiple family uses in PDD No. 193, the Oak Lawn Special Purpose District, which requires 1.5 spaces for each dwelling unit. A parking analysis is provided below. parking study.

The analysis is based on the applicant’s

Parking Analysis for Multifamily Development CONDITION Existing Zoning Requirement (PD-184) Proposed Parking Supply (per PD-193) Requested Parking Reduction DeShazo’s Projected Need DeShazo’s Projected Surplus

PARKING REQUIREMENT 612 spaces 459 spaces 153 spaces 414 spaces +45 spaces

CPC Action (January 24, 2013 Motion: It was moved to recommend approval of an amendment to Zone 1 of Planned Development District No. 184 for office, retail and residential uses, subject to a revised development plan, revised landscape plan and revised conditions on the northeast corner of Carlisle Street and Cedar Springs Road. Maker: Ridley Second: Hinojosa Result: Carried: 15 to 0 For:

15 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar

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Against: Absent: Vacancy: Notices: Replies: Speakers:

Area: For:

0 0 0 500 2

Mailed: 48 Against: 7

For: Jonathan Vinson, 901 Main St., Dallas, TX, 75202 Paul Johnston, 909 Lake Carolyn Pkwy, Irving, TX Against: Allen Rubin, 2714 Turtle Creek Cir., Dallas, TX, 75219 Harriet Rubin, 2714 Turtle Creek Cir., Dallas, TX, 75219 Neil Emmons, 2525 Turtle Creek Rd., Dallas, TX, 75219

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LIST OF OFFICERS JLB 2728 CEDAR SPRINGS, L.P.

Bay Miltenberger

Manager of the General Partner

Scott Sherwood

Manager of the General Partner

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CPC PLANNED DEVELOPMENT CONDITIONS

ARTICLE 184. PD 184. SEC. 51P-184.101. LEGISLATIVE HISTORY. PD 184 was established by Ordinance No. 18445, passed by the Dallas City Council on October 31, 1984. Ordinance No. 18445 amended Ordinance No. 10962, Chapter 51 of the Dallas City Code, as amended. Ordinance No. 18445 was amended by Ordinance No. 18643, passed by the Dallas City Council on March 27, 1985; Ordinance No. 22098, passed by the Dallas City Council on June 22, 1994; and Ordinance No. 23975, passed by the Dallas City Council on August 11, 1999. (Ord. Nos. 10962; 18445; 18643; 22098; 23975; 25508; 27195) SEC. 51P-184.102. PROPERTY LOCATION AND SIZE. PD 184 is established on property generally located at the northeast corner of Carlisle Street and Cedar Springs Road. The size of PD 184 is approximately 3.9785 acres. SEC. 51P-184.103. ZONE 1 PURPOSE. The Zone 1 standards complement the development pattern in the area and recognize the areaâ&#x20AC;&#x2122;s unique identity as a bridge between Oak Lawn and the Turtle Creek Corridor. The objectives of these standards are as follows: public.

(1) To promote the health, safety, welfare, convenience, and enjoyment of the (2) To achieve buildings more urban in form. (3) To promote a pedestrian environment that connects to public open space. (4) To encourage development that complements nearby properties. (5) To encourage the placement of off-street parking underground.

(6) To achieve buildings efficient in design and use of space while providing view corridors, light, and air to nearby properties.

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(7) To achieve buildings that reduce natural resource consumption, enhance occupant comfort and health, lower utility consumption, minimize strain on local infrastructures, and improve quality of life. (8) To create development flexibility that promotes active pedestrian use. SEC. 51P-184.104. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51 apply to this article. In Zone 1 of this district, (1) GRADE means the average of the finished ground surface elevations measured at the highest and lowest exterior corners of the structure. Finished ground surface elevation does not include landscape features, berms, or other fill material. (2) HEIGHT means the vertical distance measured from grade to the highest point of the structure. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51. SEC. 51P-184.105. CONCEPTUAL PLAN. Development and use of the Property must comply with the conceptual plan (Exhibit 184A). The conceptual plan divides the Property into Zones 1 and 2. SEC. 51P-184.106. DEVELOPMENT PLAN. (a) Zone 1. Development and use of Zone 1 must comply with the development plan (Exhibit 184B). If there is a conflict between the text of this article and the development plan, the text of this article controls. If there is a conflict between the conceptual plan and the development plan, the development plan controls. (b) Zone 2. Within six months of the date of the passage of Ordinance No. 18445, as amended, a detailed development plan for either the entire PD, or a designated first phase of development, must be submitted to the city plan commission for approval prior to the issuance of a building permit for the Property. The detailed development plan must comply with the conceptual plan and this article. If a development plan is submitted for a designated first phase of development only, a subsequent development plan must be submitted for each subsequent phase of development. Each subsequent development plan must comply with the conceptual plan and must be approved by the city plan commission prior to the issuance of a building permit for that phase of development.

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SEC. 51P-184.107. PERMITTED USES. The only permitted uses on the Property are as follows: (1) Zone 1. (A) Except as provided in this paragraph, all uses permitted in an O-2 Office District, including â&#x20AC;&#x153;limited usesâ&#x20AC;? and a maximum of 25,000 square feet of floor area of bar and restaurant uses and retail uses (with separate entrances allowed from the motor court only). (B) The only [following] main use[s] allowed in [are limited to] Area A [only] is: -- Residential uses other than hotel and motel. (C) The following main use is prohibited: -- Office. (2) Zone 2. Residential uses, including hotel and motel uses, allowed in the MF-3 [Multiple-Family] Multifamily District. SEC. 51P-184.108. MAXIMUM PERMITTED HEIGHTS. (a) Except as provided in this subsection, maximum permitted height for Zone 1 is: (1) For parking structures, 15 feet to accommodate the slope of the lot. That portion of a parking structure above ground must be screened in accordance with Section 51P-184.118. (2) For fences located within the required setback abutting the Katy Trail, eight feet. (3) For all other structures, as follows: (A) Area A: 60 feet. (B) Area B: 95 feet. (C) Area C: 299 feet. (b) Maximum permitted height for Zone 2 is 100 feet.

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SEC. 51P-184.109. FLOOR AREA. (a) Maximum permitted floor area for all buildings in Zone 1 combined is 426,000 square feet. (b) Maximum permitted floor area for all buildings in Zone 2 is 138,000 square feet. (c) Total maximum floor area for all buildings on the Property is 564,000 square feet. SEC. 51P-184.110. MAXIMUM LOT COVERAGE. (a) Maximum lot coverage in Zone 1 is 71 percent (excluding parking structures). (b) Maximum lot coverage in Zone 2 is 60 percent (excluding parking structures). SEC. 51P-184.111. SETBACKS. (a) In general. Setbacks are measured from the existing right-of-way lines and are shown on the conceptual plan for all buildings and structures in this PD. (b) Zone 1. (1) Minimum front yard is 25 feet on Cedar Springs Road and 22 feet on Carlisle Street. (2) Minimum rear yard from the Katy Trail right-of-way is 25 feet. (3) Minimum side yard is 20 feet. (c) Zone 2. (1) Minimum front yard is 25 feet. (2) Minimum rear yard is 10 feet. (3) Minimum side yard is 10 feet (except that, along the line dividing Zone 2 from Zone 1, the setback is zero). SEC. 51P-184.112. SIGNS. (a) Except as provided in this subsection, in Zone 1, all signs must comply with the sign provisions for business zoning districts in the Dallas Development Code. (1) Attached signs. (A) Attached signs may not be higher than 125 feet above grade.

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(B) Attached signs may not face the Katy Trail. (C) Maximum effective area for all attached signs is 750 square feet. (2) Non-premise signs. Non-premise signs are prohibited. (3) Detached monument signs. (A) Detached signs must be monument signs. (B) Detached monument signs may only face Carlisle Street. (C) The maximum height of a detached monument sign is 15 feet. (b) In Zone 2, all signs must comply with the sign provisions for non-business zoning districts in the Dallas Development Code. SEC. 51P-184.113. PARKING. (a) Zone 1. (1) For office uses, one off-street parking space per 370 square feet of floor area of office use is required. (2) For retail uses, one off-street parking space per 200 square feet of floor area of retail use is required. (3) For residential uses, one off-street parking space per 500 square feet of floor area of residential use is required. (See the following paragraphs for the requirements for hotel and motel and [multiple-family] multifamily uses.) (4) For hotel and motel uses, one off-street parking space is required for each unit for units one to 250; 3/4 spaces for each unit for units 251 to 500; and 1/2 space for all units over 500. No off-street parking is required for accessory meeting rooms. (5) For bar and restaurant uses, a bar and restaurant use in conjunction with a hotel/motel use requires one off-street parking space for each 200 square feet of floor area; otherwise, a bar and restaurant use requires one space for each 100 square feet of floor area. (6) For [multiple-family] multifamily uses, a minimum of [two] 1.5 off-street parking spaces is required for each dwelling unit, with at least 0.25 of the off-street parking spaces left unassigned for guest parking. Compact parking spaces are prohibited.

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(7) Except as provided in this subsection, for all other uses, off-street parking must be provided in accordance with Chapter 51. (8) Except for 25 parking spaces, all off-street parking spaces must be provided below grade. (9) Except for [multiple-family] multifamily uses, a property owner may charge a fee on a daily, hourly, or other basis for the use of required off-street parking. (b) Zone 2. (1) For office uses, one off-street parking space per 370 square feet of floor area of office use is required. (2) For retail uses, one off-street parking space per 200 square feet of floor area of retail use is required. (3) For residential uses, one off-street parking space per 500 square feet of floor area of residential use is required. SEC. 51P-184.114. OFF-STREET LOADING. The off-street loading required for Zone 1 is as set forth in Chapter 51, except that all off-street loading may be medium or small size spaces with a minimum of one space being of medium size. Bar and restaurant uses in Zone 1 operated in conjunction with hotel and motel uses will be considered as hotel and motel floor area for offstreet loading and will not be considered as a separate use for this purpose. SEC. 51P-184.115. ACCESS. (a) Zone 1. Except as provided in Section 51P-184.120, there must be no vehicular access to the Property from Cedar Springs Road, or to Cedar Springs Road from the Property, except by right turn movements. (b) Zone 2. There must be no vehicular access to the Property from Cedar Springs Road, or to Cedar Springs Road from the Property, except by right turn movements. SEC. 51P-184.116. RESIDENTIAL REQUIREMENT. A minimum of 97,393 square feet of floor area of residential uses must be built on the Property before a certificate of occupancy will be issued for any nonresidential use on the Property. SEC. 51P-184.117. CONSTRUCTION STANDARDS. (a) The following conditions apply to the construction of the development.

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(b) Any glass used in any structure on the Property must not exceed 27 percent reflectivity in accordance with standards of the American Society of Testing Manufacturers. (c) Any aboveground parking structures must have an exterior material that is consistent, in the opinion of the building official, with the exterior material of the main [nonresidential] buildings. SEC. 51P-184.118. LANDSCAPING AND SCREENING. (a) Zone 1. (1) In general. Except as provided in this section, landscaping must comply with the approved landscape plan (Exhibit 184C). (2) Timing. Except as provided in this paragraph, landscaping must be provided in accordance with the landscape plan before the final inspection of any structure in Zone 1. If development is in phases, the landscaping for each phase must be provided in accordance with the landscape plan before the final inspection in that phase. (3) Tree mitigation. Tree mitigation and preservation must be provided in accordance with Article X. (4) Minor amendment. A minor amendment to the landscape plan is not required for relocation of up to four trees. (5) Screening. Except ingress and egress points, parking and loading spaces must be screened from view from the street by walls and landscaping. (6) Sidewalks. In addition to the Katy Trail access requirement in Section 51P-184.121, a minimum eight-foot-wide unobstructed sidewalk must be provided along Cedar Springs Road as shown on the landscape plan. (7) Private license granted. (A) The city council hereby grants a revocable, non-exclusive license to the owners or tenants (with the written consent of the owner) of all property in this district for the exclusive purpose of authorizing compliance with the parkway landscaping, the Katy Trail access, and the Katy Trail landscaping requirements of this article. An owner or tenant is not required to pay an initial or annual fee for this license, although a fee may be charged for issuance of a landscape permit. This private license will not terminate at the end of any specific period, however, the city council reserves the right to terminate this license at will, by resolution passed by the city council, any time such termination becomes necessary. The determination by the city council of the need for termination is final and binding. The city shall become

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entitled to possession of the licensed area without giving any notice and without the necessity of legal proceedings to obtain possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of the right-of-way or when the purpose or use of the license is likely to become a nuisance or a threat to public safety. Upon termination of the license by the city council, each owner or tenant shall remove all improvements and installation in the public rights-of-way to the satisfaction of the director of public works and transportation. (B) An owner or tenant is not required to comply with any landscaping requirements to the extent that compliance is made impossible due to the city councilâ&#x20AC;&#x2122;s revocation of the private license granted by this subsection. (C) Upon the installation of landscaping and related amenities, such as irrigation systems, in the public rights-of-way, the owner or tenant shall procure, pay for, and keep in full force and effect commercial general liability insurance coverage with an insurance company authorized to do business in the State of Texas and otherwise acceptable to the city, covering, but not limited to, the liability assumed under the private license granted under this subsection, with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence, and $2,000,000 annual aggregate. Coverage under this liability policy must be on an occurrence basis and the city shall be named as additional insured. Proof of such insurance must be sent to: Office of Risk Management, City of Dallas, 1500 Marilla, Dallas, Texas 75201, and the policy must provide for 30 days prior written notice to the Office of Risk Management of cancellation, expiration, nonrenewal, or material change in coverage. All subrogation rights for loss or damage against the city are hereby waived to the extent that they are covered by this liability insurance policy. (D) Each owner or tenant is responsible for maintaining the landscaping in a healthy, growing condition, for keeping related amenities in good repair and condition, and for keeping the premises safe and from deteriorating in value or condition, at no expense to the city. The city is absolutely exempt from any requirements to make repairs or to maintain the landscaping, related amenities, or the premises. The granting of a license for landscaping and related amenities under this subsection does not release the owner or tenant from liability for the installation or maintenance of trees, landscaping, and related amenities in the public right-ofway. (8) Parkway landscape permit. (A) It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating trees, landscaping, or related amenities in the parkway. An application for a parkway landscape permit must be made to the building official. The application must be in writing on a form approved by the building official and accompanied by plans or drawings showing the area of the parkway affected and the planting or other amenities proposed.

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(B) Upon receipt of the application and any required fees, the building official shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, the building official determines that the construction, planting, or other amenities proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, the building official shall issue a parkway landscape permit to the property owner; otherwise, the building official shall deny the permit. (C) A property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the building official's denial of a parkway landscape permit. (D) A parkway landscape permit issued by the building official is subject to immediate revocation upon written notice if at any time the building official determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirement of this section if compliance is made impossible due to the building official's revocation of a parkway landscape permit. (E) The issuance of a parkway landscape permit under this subsection does not excuse the property owner, his agents, or employees from liability for the installation or maintenance of trees or other amenities in the public right-of-way. (b) Zone 2. Surface parking must be screened from view from the street by walls and/or landscaping. A detailed landscape plan using the guidelines of the Oak Lawn Forum Plan must be approved by the city plan commission on or before the time of approval of each phase of the detailed development plan. SEC. 51P-184.119. ZONE 1 ENVIRONMENTAL PERFORMANCE STANDARDS. (a) In general. Except as provided in this section, see Article VI. (b) LEED certification. (1) A United States Green Building Councilâ&#x20AC;&#x2122;s Leadership in Energy and Environmental Design (LEED) checklist[, effective May 1, 2004,] must be submitted with an application for a building permit for development of a new structure within Zone 1, indicating how development will comply with a certified designation. [(26 to 32 project points).] The development plans submitted for a building permit must be certified by a LEED accredited professional. A building permit may not be issued unless the building official determines that the project is consistent with the standards and criteria for a LEED certified designation. (2) If during development within Zone 1, the developer is unable to achieve all of the green building rating system points identified on the checklist set forth in

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Paragraph (1), the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Councilâ&#x20AC;&#x2122;s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department of development services certifies that the building complies with the LEED certified designation. [(26 to 32 points).] (4) [LEED certification is only required for new structures within Zone 1.] If an existing building is being repaired, renovated, or expanded, LEED certification is not required. SEC. 51P-184.120. TRAFFIC IMPROVEMENTS. (a) Before a certificate of occupancy is issued for any nonresidential use other than a bar or restaurant, the following conditions must have occurred. (1) A 10-foot-wide deceleration lane on Cedar Springs Road into the Property must be constructed. (2) An additional 10-foot-wide lane for right turn movements from Carlisle Street onto Cedar Springs Road must be constructed for a length of at least 100 feet from the corner. (b) Except as provided in Subsections (c) and (d), there shall be no vehicular access by left turn to the Property from Cedar Springs Road or to Cedar Springs Road from the Property. (c) Zone 1. If Zone 1 of the Property is developed with a hotel and motel, [and] related uses, [or] bar or restaurant uses, or multiple family uses, vehicular access by left turn onto Zone 1 from Cedar Springs Road is permitted if a lane for left turn movements from southbound Cedar Springs Road onto Zone 1 is constructed. If such a left turn lane is constructed, the curb cut for a driveway from Zone 1 to Cedar Springs Road must be enlarged to at least 14 feet and a median must be constructed in the driveway to prevent left turns from Zone 1 onto southbound Cedar Springs Road. (d) Zone 2. If the Property is developed with a hotel, motel, and related uses and/or bar or restaurant uses, vehicular access by left turn onto the Property from Cedar Springs Road is permitted if a lane for left turn movements from southbound Cedar Springs Road onto the Property is constructed. If such a left turn lane is constructed, the curb cut for a driveway from the Property to Cedar Springs Road must be

19


Z123-146(WE)

enlarged to at least 30 feet and a median must be constructed in the driveway to prevent left turns from the Property onto southbound Cedar Springs Road. SEC. 51P-184.121. KATY TRAIL. Before the issuance of a certificate of occupancy in Zone 1, public access must be provided from Zone 1 to the Katy Trail via sidewalk, bridge, or easement and must have a minimum unobstructed width of 10 feet. Plans and specifications for the connection to the Katy Trail must be approved by the director of parks and recreation before its construction. SEC. 51P-184.122. GENERAL REQUIREMENTS. (a) Development of this PD must comply with the requirements of all ordinances and regulations of the city. (b) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (c) The building official shall not issue a building permit or certificate of occupancy for a use in this PD until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. (d) [If a building permit is not issued to authorize work within Zone 1 by December 31, 2009, the director shall notify the commission and the commission shall call a public hearing to determine proper zoning.] (d)[(e)] A certificate of occupancy or a final inspection for a residential use other than hotel and motel must be issued in Zone 1, Area A before or simultaneously with a certificate of occupancy for hotel and motel uses in Zone 1. [SEC. 51P-184.123. ZONING MAP.] [PD 184 is located on Zoning Map No. I-7.]

20


Z123-146(WE)

EXISTING DEVELOPMENT PLAN

21


Z123-146(WE)

EXISTING LANDSCAPE PLAN

22


Z123-146(WE)

PROPOSED DEVELOPMENT PLAN

23


Z123-146(WE)

PROPOSED LANDSCAPE PLAN

24


Z123-146(WE)

Katy Trail

Multifamily

CafĂŠ/ Restaurant

Mini Storage

Multiple Family/ Restaurant

Art Supply Store

Bank

25


Z123-146(WE)

8 3

5 2

1&7 6

9 4

26


Z123-146(WE)

CPC RESPONSES

27


Z123-146(WE)

Notification List of Property Owners Z123-146 48 Property Owners Notified

2 Property Owners in Favor

Reply Label # Address O

X

7 Property Owners Opposed

Owner

1

2815

CARLISLE ST

FATH DALLAS COMMONS LP

2

2728

CEDAR SPRINGS RD

JLB 2728 CEDAR SPRINGS LP

3

2537

CEDAR SPRINGS RD

SPURGIN ROBERT B & SALLY

4

2535

CEDAR SPRINGS RD

SPURGIN ROBERT B

5

3005

ROUTH ST

JEH FAMILY TRUST

6

3011

ROUTH ST

BROWN REALTY COMPANY

7

3015

ROUTH ST

BROWN REALTY COMPANY

8

3012

FAIRMOUNT ST

3012 FAIRMONT LP

9

3027

ROUTH ST

BAYLESS ALVIN

10

3136

ROUTH ST

KATY VENTURE LTD

11

3100

ROUTH ST

TEXAS UTILITIES ELEC CO

12

2727

CEDAR SPRINGS RD

2727 CEDAR SPRINGS RD LLC

13

2711

CEDAR SPRINGS RD

STORAGE HOLDINGS CEDAR SPRINGS

14

2705

CEDAR SPRINGS RD

CARLISLE JOINT VENTURE

15

3108

ROUTH ST

KTIH 2 LP

16

3104

ROUTH ST

ASEL ART SUPPLY INC

17

2626

COLE AVE

VRS TA COLE WOODVIEW LP

18

2708

COLE AVE

AMERICAN BOARD OF OB GYN

19

2712

COLE AVE

ERDMAN H L

20

2902

CARLISLE ST

CARLISLE PARTNERS L P

21

3031

ALLEN ST

DOS PATRONS LLC

22

2929

CARLISLE ST

RPI 2929 CARLISLE LTD

23

3115

ROUTH ST

FAIRMOUNT G/ U LLC

24

3117

ROUTH ST

L G FAIRMOUNT LP

25

2605

CEDAR SPRINGS RD

GREENWAY-CARLISLE LP

26

3120

ROUTH ST

STORAGE HOLDINGS CEDAR

28


Z123-146 (WE)

1/24/2013

Reply Label # Address O

Owner

27

2600

COLE AVE

GABLES REALTY LTD PS

28

2650

CEDAR SPRINGS RD

LG VILLA ROSA II LP

29

2707

COLE AVE

COLE APARTMENTS

30

2801

LACLEDE ST

POST APARTMENT HOMES LP

31

3000

TURTLE CREEK PLAZA 3000 TURTLE CREEK PLAZA LLC

32

2800

PARK BRIDGE CT

TURTLE CREEK CIR HOA

33

2800

PARK BRIDGE CT

TURTLE CREEK CIR HOA

34

2714

TURTLE CREEK CIR

RUBIN DR ALLEN W &

35

2718

TURTLE CREEK CIR

CULLUM LEE

36

2814

PARK BRIDGE CT

MARCUS LINDA C

37

2834

PARK BRIDGE CT

DEAR MARGARET S

X

38

2838

PARK BRIDGE CT

SIMMONS MARGARET

X

39

2849

PARK BRIDGE CT

KALIFF MENDEL S & GEMEY G

X

40

2841

PARK BRIDGE CT

VENABLE KRISTEN B

41

2837

PARK BRIDGE CT

PURNELL MARJORIE M II

42

2833

PARK BRIDGE CT

SHAMOON ELLIS N & PHYLLIS

43

2829

PARK BRIDGE CT

CHATGRIS LLC

44

2821

PARK BRIDGE CT

SEAL D GREG

45

2817

PARK BRIDGE CT

NEWMAN TERENCE T

46

2706

TURTLE CREEK CIR

BAILEY JONATHAN

47

2830

PARK BRIDGE CT

JENKINS MICHAEL A &

48

2915

VINE ST

AMERICAN BOARD OF OB GYN

X

X

X

29


AGENDA ITEM # 65

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:

54 F

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an NS(A) Neighborhood Service District on property zoned a TH-3(A) Townhouse District on the southwest corner of South Tyler Street and West Page Avenue Recommendation of Staff and CPC: Approval Z112-215(JH)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER:

Z112-215 (JH)

DATE FILED: March 30, 2012

LOCATION:

Southwest corner of South Tyler Street and West Page Avenue

COUNCIL DISTRICT: 1 SIZE OF REQUEST:

MAPSCO:

Approx. 0.30 acres

54-F

CENSUS TRACT: 51.00

REPRESENTATIVE:

Peiser Surveying, LLC

APPLICANT:

Khiem Phan

OWNER:

KP Star Investment

REQUEST:

An application for an NS(A) Neighborhood Service District on property zoned a TH-3(A) Townhouse District.

SUMMARY:

The applicant proposes to develop the request site for neighborhood commercial uses along with the NS(A) Neighborhood Service District zoned property on the remainder of the triangular block.

STAFF RECOMMENDATION:

Approval

CPC RECOMMENDATION:

Approval

1


Z112-215(JH)

BACKGROUND INFORMATION: â&#x20AC;˘

The request site is currently undeveloped.

â&#x20AC;˘

The proposed use is a retail development with the remaining property on the block.

Zoning History: There have been no recent zoning requests in the area. Thoroughfares/Streets: Thoroughfares/Street Tyler Street

Type

Existing ROW

Principal arterial / Couplet

60 feet each

Local

60 feet

W. Page Avenue

STAFF ANALYSIS: Comprehensive Plan: The request complies with the following land use goals and policies of the Comprehensive Plan because the NS(A) Neighborhood Service District provides for the opportunity for more neighborhood serving commercial uses on a scale that fits in with the single family neighborhood. While the applicant has not proposed a transit oriented development, the site is on the edge of a suitable walking distance from the Tyler Street transit station. The applicant is strongly encouraged to consider its proximity to transit and all modes of transportation in designing its site plan for building permits. URBAN DESIGN GOAL 5.1

PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

Policy 5.1.3 GOAL 5.3

Encourage complementary building height, scale, design and character.

ESTABLISHING WALK-TO CONVENIENCE

Policy 5.3.1

Encourage a balance of land uses within walking distance of each other.

Policy 5.3.3

Encourage transit oriented developments and transit centers.

2


Z112-215(JH) Land Use Compatibility: The approximately 0.3-acre request site is zoned a TH-3(A) Townhouse District and is currently undeveloped. The applicant proposes to include the request site in part of a larger development with the remaining land in the block. The surrounding land uses are residential to the east, west, and south and retail uses to the north. The request site is located approximately one-half mile north of the Tyler Street DART rail station. The remainder of the block is zoned an NS(A) Neighborhood Service District and a portion has Specific Use Permit No. 1006, which is for a motor vehicle fueling station approved in 1998 for a permanent time period. The applicant proposes to develop the property for neighborhood serving retail uses such as general merchandise or food store and a laundromat. The development would not use the site plan in SUP No. 1006; if a motor vehicle fueling station is proposed, the applicant understands it would require an amendment to and expansion of SUP No. 1006 in a separate application. Due to the proximity of retail uses and the DART rail station, staff supports the request. The request site would be more appropriately used as part of the proposed neighborhood serving retail development than a single family use. Development Standards: DISTRICT

Proposed NS(A)

Neighborhood service

SETBACKS

Density FAR

Height

Lot Coverage

20’ adjacent to residential OTHER: No Min.

0.5 FAR

30’ 2 stories

40%

0’

12 Dwelling Units/ Acre

36’

60%

Front

Side/Rear

15’

0’

Special Standards

Primary Uses

Retail & personal service, office

Existing TH-3(A) Townhouse

Min. Lot: 2,000 sq. ft

Single family

Parking/Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not significantly impact the surrounding street system for the proposed development. Landscaping: Landscaping is required in accordance with Article X of the Dallas Development Code.

3


Z112-215(JH) List of Partners/Principals/Officers KP Star Investments, Inc. Khiem Phan, sole member

4


Z112-215(JH) CPC Minutes May 17, 2012 Motion: It was moved to recommend approval of an NS(A) Neighborhood Service District on property zoned a TH-3(A) Townhouse District on the southwest corner of S. Tyler Street and W. Page Avenue. Maker: Lavallaisaa Second: Anglin Result: Carried: 14 to 0 For:

Against: Absent: Vacancy: Notices: Replies: Speakers:

Area: For:

14 - Davis, Wally, Anglin, Abtahi, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Wolfish, Schwartz, Ridley, Alcantar 0 1 - Bernbaum 0

200 0

Mailed: 24 Against: 0

None

5


Z112-215(JH)

6


Z112-215(JH)

Retail

Retail Undeveloped

Single family residential

Single family/ multifamily

Single family residential

7


Z112-215(JH) CPC Responses

8


Z112-215(JH) 5/18/2012

Reply List of Property Owners Z112-215 24 Property Owners Notified Owners Opposed

0 Property Owners in Favor

Reply Label # Address

0 Property

Owner

1

603

TYLER ST

KP STAR INVESTMENTS INC

2

618

TYLER ST

HERNANDEZ SANTIAGO

3

616

TYLER ST

ROCKETT JAMES S

4

612

TYLER ST

ROCKETT JAMES S &

5

820

PAGE AVE

FIGUEROA DORA G

6

600

TYLER ST

HERNANDEZ RAFAEL E

7

606

TYLER ST

GARCIA MIGUEL C ETAL

8

516

TYLER ST

DIAZ LINO & BEATRIZ

9

837

PAGE AVE

CASTILLO MAGDALENA &

10

833

PAGE AVE

DOMINGUEZ JUAN M

11

831

PAGE AVE

COUCH KEDRIC

12

827

PAGE AVE

TALAMANTES PEDRO

13

912

12TH ST

SAFEWAY

14

607

TYLER ST

K P STAR INVESTMENTS INC

15

621

TYLER ST

BENITEZ MARIA DEL CARMEN

16

622

BUCKALEW ST

GARZA SOPHIA

17

618

BUCKALEW ST

GARZA ALFREDO

18

614

BUCKALEW ST

GARZA SOFIA

19

930

PAGE AVE

FOUNTAIN VILLA INC

20

934

PAGE AVE

SOSA JORGE & GUADALUPE

21

611

BUCKALEW ST

TAMEZ JOSE L &

22

613

BUCKALEW ST

RIOS PEDRO

23

619

BUCKALEW ST

COUCH KEDRIC & PATRICIA

24

942

PAGE AVE

SALA TATIANA M

9


AGENDA ITEM # 66

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

13

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

25 V

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an MF-1(A) Multifamily District on property zoned a D(A) Duplex District on the north side of Del Norte Lane, west of Hillcrest Road Recommendation of Staff and CPC: Denial Z123-128(WE)


HONORABLE MAYOR AND CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER:

Z123-128(WE)

DATE FILED: May 7, 2012

LOCATION:

North side of Del Norte Lane, west of Hillcrest Road

COUNCIL DISTRICT:

13

MAPSCO:

SIZE OF REQUEST:

Approx. 9,147.6 sq. ft.

CENSUS TRACT: 77.00

25-V

APPLICANT:

Rob Little

OWNER:

Joseph Cutcher

REPRESENTATIVE:

Rob Little

REQUEST:

An application for an MF-1(A) Multifamily District on property zoned a D(A) Duplex District.

SUMMARY:

The purpose of this request is to permit the conversion of a duplex use into a multifamily use.

CPC RECOMMENDATION:

Denial

STAFF RECOMMENDATION:

Denial

1


Z123-128(WE)

BACKGROUND INFORMATION: •

The applicant’s request for an MF-1(A) Multifamily District will allow for the conversion of a duplex use into four multifamily units.

The surrounding land uses consist of a mix of multifamily, duplex and single family uses.

There have been a total of eight cases that were requested in the Zoning History: area: five zoning cases and three Board of Adjustment cases. 1. Z101-363

On May 23, 2012, the City Council approved an amendment to Planned Development District No. 766 for a CR Community Retail District on the northwest corner of Northwest Highway and Hillcrest Road.

2. Z101-222

On June 22, 2011, the City Council approved a Planned Development District for a Miniwarehouse and CR Community Retail District Uses on property zoned a CR Community Retail District on the south side of Bandera Avenue, west of Hillcrest Road. (not shown on map)

3. Z067-276

On September 26, 2007, the City Council approved a Planned Development District for CR Community Retail District uses on property zoned an MC Multiple Commercial District and a CR Community Retail District on the northwest corner of Northwest Highway and Hillcrest Road.

4. Z045-135

On April 13, 2005, the City Council approved an MF-3(A) Multifamily District with deed restrictions volunteered by the applicant on property zoned a CR Community Retail District on the southeast corner of Turtle Creek Boulevard and Bandera Avenue. (not shown on map)

5. B056-223

On October 18, 2006, the Board of Adjustment Panel B granted a variance to the front yard setback regulations of 14 feet at 8616 Turtle Creek Boulevard. (not shown on map)

2


Z123-128(WE)

6. B067-054

On April 18, 2007, the Board of Adjustment Panel B granted an alternative landscape plan as a special exception to the landscape requirements and denied without prejudice a variance to the floor area ratio and the height regulation of 15 feet, eight inches on the northwest corner of Northwest Highway and Hillcrest Road.

7. B067-098

On August 15, 2007, the Board of Adjustment Panel B recommended denial without prejudice of a variance to the height regulations of 15 feet, 8-1/2 inches at 8623 Hillcrest Road on the northwest corner of Northwest Highway and Hillcrest Road.

8. Z112-233

On October 24, 2012, the City Council approved a Planned Development District for MF-3(A) Multifamily District uses on property zoned a CR Community Retail District on the south side of Bandera Avenue, between Turtle Creek Boulevard and Hillcrest Road.

Thoroughfares/Streets: Thoroughfare/Street

Del Norte Lane

Type

Local Street

Existing ROW

Proposed ROW

60 ft.

60 ft.

Land Use:

Site North South East West

Zoning D(A) R-7.5(A) MF-1(A) D(A) D(A)

Land Use Duplex Single Family Multifamily Duplex Duplex

3


Z123-128(WE)

Comprehensive Plan: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The Plan identifies the request site as being located within a Residential Neighborhood Building Block. Residential Neighborhoods The Building Block represents the life-blood of Dallas, the traditional neighborhood of single-family detached homes. Dallas has many neighborhoods that match this description, including Winnetka Heights, Preston Hollow, Lakewood and Wheatley Place. Single-family dwellings are the dominate land use in these areas. Some shops, restaurants or institutional land uses such as schools and religious centers that serve neighborhood residents may be located at the edges or at key intersections. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. STAFF ANALYSIS: Land Use Compatibility: The 9,147.6 square foot site is adjacent to a mixed of residential uses; multifamily use to the south, across Del Norte Lane, duplexes to the east and west and single family uses to the north. The applicant’s request for MF-1(A) Multifamily District will allow for the existing duplex to be converted into four multifamily units. The zoning change from a D(A) Duplex District to an MF-1(A) Multifamily District will make it difficult for the applicant to meet certain code requirements, such as the side and rear yard setbacks, the off-street parking requirements and screening the parking from the adjacent single family uses. In addition, the proposed use will cause encroachment of an intensive use into a low intensive residential area. Staff’s recommendation is denial of the applicant’s request for a MF-1(A) Multifamily District. Development Standards: DISTRICT

D(A) - existing Duplex

MF-1(A) - proposed Multifamily

SETBACKS Front 25’

15’

Density

Height

Lot Coverage

Special Standards

5’

1 Dwelling Unit/ 3,000 sq. ft.

36’

60%

Min. Lot: 6,000 sq. ft

15’

Min lot 3,000 sq. ft. 1,000 sq ft – E 1,400 sq. ft – 1 BR 1,800 sq ft – 2 BR +200 sq ft each add BR

36’

60%

Proximity Slope

Side/Rear

4

PRIMARY Uses Duplex & single family

Multifamily, duplex, single family


Z123-128(WE)

Landscaping: Landscaping of any development will be in accordance with landscaping requirements in Article X, as amended. CPC Action (January 10, 2013) Motion: It was moved to recommend denial of an MF-1(A) Multifamily District on property zoned a D(A) Duplex District on the north side of Del Norte Lane, west of Hillcrest Road. Maker: Schwartz Second: Wolfish Result: Carried: 10 to 1 For:

10 - Rodgers, Hinojosa, Bagley, Lavallaisaa*, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Alcantar

Against: Absent: Vacancy:

1 - Davis 1 - Wally, Anglin, Ridley 1 - District 4

*out of the room, shown voting in favor Substitute Motion: It was moved to recommend approval of an MF-1(A) Multifamily District on property zoned a D(A) Duplex District on the north side of Del Norte Lane, west of Hillcrest Road. Maker: Davis Second: None Failed due to lack of a second Notices: Replies:

Area: For:

200 2

Mailed: 20 Against: 3

For: Rob Little, 7324 Skillman St., Dallas, TX, 75231 Joseph Cutcher, 6729 Del Norte Ln., Dallas, TX, 75225 Against: None

Speakers:

5


Z123-128(WE)

LIST OF OFFICERS RCL Design

Rob Little – Sole Owner

6


Z123-128(WE)

7


Z123-128(WE)

Single Family

Duplexes

Duplexes

Multifamily

Office Multifamily

8


Z123-128(WE)

1, 3, 6&7

8

9


Z123-128(WE)

CPC RESPONSES

5

10


Z123-128(WE)

Notification List of Property Owners Z123-128 20 Property Owners Notified

2 Property Owners in Favor

Reply Label # Address O

3 Property Owners Opposed

Owner

1

6729

DEL NORTE LN

CUTCHER JOSEPH W

2

8643

HILLCREST RD

SOUTHWESTERN BELL

3

6819

DEL NORTE LN

CORRIGAN HOLDINGS INC

4

6809

DEL NORTE LN

MARSHALL JOHN H &

5

6801

DEL NORTE LN

280 PRESTON LLC

O

6

6723

DEL NORTE LN

SNIDER MARIANNE

X

7

6719

DEL NORTE LN

MAY MELINDA J &

8

6715

DEL NORTE LN

BLAYLOCK SUZANNE

9

6714

NORTHWOOD RD

SCHMACHER SHARRON M

10

6720

NORTHWOOD RD

URIE KAREN E

11

6726

NORTHWOOD RD

GREENE PATRICK N

12

6732

NORTHWOOD RD

JACOBSEN ALLISON F

13

6804

NORTHWOOD RD

MAST HEIDI C &

14

6810

NORTHWOOD RD

JOHNSON BRAD G & STEPHANIE A

15

6816

NORTHWOOD RD

CARTER NANCY A

16

6811

NORTHWOOD RD

MOON WILLIAM D & BETSY E

17

6805

NORTHWOOD RD

DRAPER THOMAS K

18

6731

NORTHWOOD RD

HOBAR PAUL C & ROBIN

19

6725

NORTHWOOD RD

MOORE MICHAEL

20

6800

DEL NORTE LN

INTERCITY INVESTMENTS

X

X

11

Dallas City Council Agenda: February 27, 2013 Part II  

Dallas City Council Agenda: February 27, 2013 part II

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