JANUARY 22, 2014 CITY COUNCIL AGENDA CERTIFICATION
This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Agenda dated January 22, 2014. We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose.
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Gonzalez Interim City Manager
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Edward Scott City Controller
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General Information
lnformaci6n General
The Dallas City Council regularly meets on Wednesdays beginning at 9:00 a.m. in the Council Chambers, 6th floor, City Hall, 1500 Marilla. Council agenda meetings are broadcast live on WAR-FM radio (101.1 FM) and on Time Warner City Cable Channel 16. Briefing meetings are held the first and third Wednesdays of each month. Council agenda (voting) meetings are held on the second and fourth Wednesdays. Anyone wishing to speak at a meeting should sign up with the City Secretary's Office by calling (214) 6703738 by 5:00 p.m. of the last regular business day preceding the meeting. Citizens can find out the name of their representative and their voting district by calling the City Secretary's Office.
El Ayuntamiento de la Ciudad de Dallas se reune regularmente los miercoles en la Camara del Ayuntamiento en el sexto piso de la Alcaldia, 1500 Marilla, a las 9 de la mafiana. Las reuniones informativas se llevan a cabo el primer y tercer miercoles del mes. Estas audiencias se transmiten en vivo por la estacion de radio W RR-FM 101.1 y por cablevision en la estacion Time Warner City Cable Canal 16. El Ayuntamiento Municipal se reune en el segundo y cuarto miercoles del mes para tratar asuntos presentados de manera oficial en la agenda para su aprobacion. Toda persona que desee hablar durante la asamblea del Ayuntamiento, debe inscribirse llamando a la Secretaria Municipal al telefono (214) 670-3738, antes de las 5:00 pm del ultimo dia habil anterior a la reunion. Para enterarse del nombre de su representante en el Ayuntamiento Municipal y el distrito donde usted puede votar, favor de llamar a la Secretaria Municipal.
Sign interpreters are available upon request with a 48-hour advance notice by calling (214) 670-5208 V!TDD. The City of Dallas is committed to compliance with the Americans with Disabilities Act. The Council agenda is available in alternative formats upon request. If you have any questions about this agenda or comments or complaints about city services, call 311.
lnterpretes para personas con impedimentos auditivos estan disponibles si lo solicita con 48 horas de anticipacion llamando al (214) 670-5208 (aparato auditive V!TDD). La Ciudad de Dallas se esfuerza por cumplir con el decreto que protege a las personas con impedimentos, Americans with Disabilities Act. La agenda de/ Avuntamiento esta disponible en formatos alternos silo solicits. Si tiene preguntas sobre esta agenda, o si desea hacer comentarios o presentar quejas con respecto a servicios de la Ciudad, llame al 311.
Rules of Courtesy City Council meetings bring together citizens of many varied interests and ideas. To insure fairness and orderly meetings, the Council has adopted rules of courtesy which apply to all members of the Council, administrative staff, news media, citizens and visitors. These procedures provide: That no one shall delay or interrupt the proceedings, or refuse to obey the orders of the presiding officer. All persons should refrain from private conversation, eating, drinking and smoking while in the Council Chamber. Posters or placards must remain outside the Council Chamber. No cellular phones or audible beepers allowed in Council Chamber while City Council is in session. "Citizens and other visitors attending City Council meetings shall observe the same rules of propriety, decorum and good conduct applicable to members of the City Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require enforcement of the rules, and the affirmative vote of a majority of the City Council shall require the presiding officer to act." Section 3.3(c) of the City Council Rules of Procedure.
Reglas de Cortesia Las asambleas del Ayuntamiento Municipal reunen a ciudadanos Para asegurar la de diversos intereses e ideologfas. imparcialidad y el orden durante las asambleas, el Ayuntamiento ha adoptado ciertas reglas de cortesia que aplican a todos los miembros del Ayuntamiento, al personal administrative, personal de los medias de comunicacion, a los ciudadanos, ya visitantes. Estos reglamentos establecen lo siguiente: Ninguna persona retrasara o interrumpira los procedimientos, o se negara a obedecer las ordenes del oficial que preside la asamblea. Todas las personas deben abstenerse de entablar conversaciones, comer, beber y fumar dentro de la camara del Ayuntamiento. Anuncios y pancartas deben permanecer fuera de la camara del Ayuntamiento. No se permite usar telefonos celulares o en laces electronicos (pagers) audibles en la camara del Ayuntamiento durante audiencias del Ayuntamiento Municipal "Los ciudadanos y visitantes presentes durante las asambleas del Ayuntamiento Municipal deben de obedecer las mismas reglas de comportamiento, decoro y buena conducta que se aplican a los miembros del Ayuntamiento Municipal. Cualquier persona que haga comentarios impertinentes, utilice vocabulario obscene o difamatorio, o que al dirigirse al Ayuntamiento lo haga en forma escandalosa, o si causa disturbio durante la asamblea del Ayuntamiento Municipal, sera expulsada de la camara si el oficial que este presidiendo la asamblea asi lo ordena. Ademas, se le prohibira continuar participando en la audiencia ante el Ayuntamiento Municipal. Si el oficial que preside la asamblea no toma accion, cualquier otro miembro del Ayuntamiento Municipal puede tomar medidas para hacer cumplir las reg las establecidas, y el voto aflrmativo de la mayoria del Ayuntamiento Municipal precisara al oficial que este presidiendo la sesion a tomar accion." Segun la seccion 3.3 (c) de las reglas de procedimientos del Ayuntamiento.
AGENDA CITY COUNCIL MEETING WEDNESDAY, JANUARY 22, 2014 ORDER OF BUSINESS Agenda items for which individuals have registered to speak will be considered no earlier than the time indicated below:
9:00 a.m.
INVOCATION AND PLEDGE OF ALLEGIANCE OPEN MICROPHONE
MINUTES
Item 1
CONSENT AGENDA
Items 2 - 41
ITEMS FOR INDIVIDUAL CONSIDERATION No earlier than 9:15 a.m.
Items 42 - 47
PUBLIC HEARINGS AND RELATED ACTIONS 1:00 p.m.
NOTE:
Items 48 - 67
A revised order of business may be posted prior to the date of the council meeting if necessary.
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AGENDA CITY COUNCIL MEETING JANUARY 22, 2014 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS 75201 9:00 A. M. Invocation and Pledge of Allegiance (Council Chambers) Agenda Item/Open Microphone Speakers VOTING AGENDA 1.
Approval of Minutes of the January 8, 2014 City Council Meeting
CONSENT AGENDA Business Development & Procurement Services 2.
Authorize a three-year service contract for scrap tire removal from the Trinity River and trash and debris removal from Lake Ray Hubbard - Good Earth Corporation, Inc. in the amount of $2,805,000 and Hess Construction, LLC in the amount of $452,944, lowest responsible bidders of three - Not to exceed $3,257,944 - Financing: Stormwater Drainage Management Current Funds ($2,805,000) and Water Utilities Current Funds ($452,944) (subject to annual appropriations)
3.
Authorize a three-year service contract for written and verbal translation services and American sign language services - Accento, The Language Company in the amount of $276,068, Geneva Worldwide, Inc. in the amount of $68,828 and Language USA, Inc. in the amount of $13,465, lowest responsible bidders of seven - Total not to exceed $358,361 - Financing: Current Funds ($328,361), 2013-14 Community Development Block Grant Funds ($27,000) and Convention and Event Services Current Funds ($3,000) (subject to annual appropriations)
January 22, 2014Â
2
CONSENT AGENDA (Continued) Business Development & Procurement Services (Continued) 4.
Authorize Supplemental Agreement No. 3 to increase the service contract with Telogis, Inc. for support of the global positioning system deployed on Sanitation fleet equipment for a four-month term beginning February 1, 2014 through May 31, 2014 - Not to exceed $37,329, from $784,387 to $821,716 - Financing: Current Funds
City Attorney's Office 5.
Authorize payment of annual software maintenance in support of the CityLaw Law Office Management System, a performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2013 through October 31, 2014 - Not to exceed $57,635 - Financing: Current Funds (subject to annual appropriations)
6.
An ordinance amending Chapter 28 of the Dallas City Code to: (1) define terms; (2) regulate certain conduct intended to distract motorists traveling on designated highways; (3) provide defenses; and (4) provide for enforcement - Financing: No cost consideration to the City
Economic Development 7.
Authorize (1) an increase in the contract with Ed Bell Construction Company from $1,787,275 to $1,922,275 to expedite the construction of thoroughfare and water main improvements for Danieldale Road from Hampton Road to Old Hickory Trail and Old Hickory Trail from Danieldale Road to 500 feet south of Stoneview Drive in the amount of $135,000; (2) a change to the construction schedule from July 15, 2014 to April 15, 2014; and (3) the receipt and deposit of funds from US Real Estate, Limited Partnership in the amount of $135,000 in the Capital Project Reimbursement Fund; and (4) an increase in appropriations in the Capital Projects Reimbursement Fund in an amount not to exceed $135,000 - Not to exceed $135,000 - Financing: Capital Projects Reimbursement Funds
Housing/Community Services 8.
Authorize an amendment to the Home Repair Program Statement to: (1) establish the Emergency Repair Program; and (2) modify the affordability and repayment terms for Reconstruction Program loans - Not to exceed $290,000 - Financing: Current Funds
Park & Recreation 9.
Authorize a construction contract for site improvements to include soccer fields and a new parking lot at Timberglen Park located at 3900 Timberglen Drive - Gilbert May, Inc. dba Phillips/May Corporation, lowest responsible bidder of five - Not to exceed $1,240,598 - Financing: General Obligation Commercial Paper Funds
January 22, 2014Â
3
CONSENT AGENDA (Continued) Park & Recreation (Continued) 10.
Authorize a contract for construction of a loop trail at Kiest Park located at 3080 South Hampton Road - Northstar Construction, LLC, lowest responsible bidder of seven - Not to exceed $1,426,402 - Financing: 2006 Bond Funds
11.
Authorize a contract for renovation and expansion of the existing recreation center at Pleasant Oaks Recreation Center located at 8700 Greenmound Avenue - MART, Inc., best value proposer of three - Not to exceed $1,818,200 - Financing: 2006 Bond Funds
12.
Authorize Supplemental Agreement No. 1 to the development and maintenance agreement with Uptown Dallas, Inc. for improvements and services at Griggs Park located at 2200 Hugo Street - Not to exceed $30,000, from $317,400 to $347,400 Financing: 2006 Bond Funds
Police 2013-14 State of Texas Internet Crimes Against Children Grant and City of Dallas NIBIN Program
Note: Item Nos. 13 and 14 must be considered collectively.
13.
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Authorize an application for and acceptance of the 2013-14 State of Texas Internet Crimes Against Children Grant, from the Office of the Governor, Criminal Justice Division for response to the sexual abuse and exploitation of children facilitated by the use of computer technology for the period October 1, 2013 through August 31, 2014 - Not to exceed $400,000 - Financing: Office of the Governor, Criminal Justice Division State Grant Funds
14.
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Authorize a correction to Resolution No. 13-1761, previously approved on October 8, 2013, to add a provision for the repayment of funds in the event of the loss or misuse of funds provided for the City of Dallas NIBIN Program by the Office of the Governor, Criminal Justice Division, to provide aid in finding crime linkages and provide additional resources to the National Integrated Ballistic Information Network Program - Financing: This action has no cost consideration to the City
15.
Authorize (1) the acceptance of supplemental funding for the 2013/2014 Tobacco Enforcement Grant through the Texas School Safety Center at Texas State University San Marcos in the amount of $15,000 for the purpose of reducing youth access to tobacco products, and to ensure compliance with the Health and Safety Code, Chapter 161 for the period September 1, 2013 through August 31, 2014; and (2) execution of the grant agreement - Not to exceed $15,000, from $65,025 to $80,025 - Financing: Texas Comptroller's Tobacco Compliance Grant Funds
16.
Authorize payment to Dallas County Sheriff’s Office to reimburse Dallas County for program expenses associated with the Dallas County Highway Traffic Program for the period October 1, 2013 through September 30, 2014 - Not to exceed $600,000 Financing: Current Funds
January 22, 2014Â
4
CONSENT AGENDA (Continued) Police (Continued) 17.
An ordinance amending Chapter 42 of the Dallas City Code to: (1) define terms; (2) establish requirements, procedures, fees, qualifications, and defenses for the registration of home solicitors; (3) regulate the time and manner in which home solicitations may be conducted on residential premises; (4) provide recordkeeping requirements for home solicitors; (5) provide for signs to prohibit home solicitors on residential premises; (6) delete certain consumer solicitation provisions now regulated by state law; and (7) make certain nonsubstantive changes - Financing: No cost consideration to the City
Public Works Department 18.
Authorize a professional services contract with BDS Technologies, Inc. for the engineering design of seven alley petition projects and two street petition projects (list attached) - Not to exceed $284,659 - Financing: 2012 Bond Funds ($128,737), General Obligation Commercial Paper Funds ($78,342) and Water Utilities Capital Improvement Funds ($77,580)
19.
Authorize a contract with RWC Enterprises, Inc., best value proposer of five, for the construction of the Fire Station No. 44 replacement facility located at 2025 Lagow Street - Not to exceed $3,809,000 - Financing: General Obligation Commercial Paper Funds
20.
Authorize (1) a Project Specific Agreement with Dallas County for the improvement of frontage roads and ramps along IH20 from Haymarket Road to West of US175; and (2) payment to Dallas County for the City’s share of project cost - Not to exceed $420,000 Financing: General Obligation Commercial Paper Funds
21.
Authorize an Interlocal Agreement with Dallas Area Rapid Transit for participation in the construction of an improved sidewalk and road crossing of the Dallas Area Rapid Transit rail line on Storey Lane near Denton Drive - Not to exceed $5,700 - Financing: 2003 Bond Funds
22.
Authorize payment to Dallas Area Rapid Transit for utility improvement and relocation costs associated with the Urban Circulator streetcar project in downtown Dallas - Not to exceed $427,000 - Financing: Water Construction Funds ($113,000), Wastewater Construction Funds ($85,000), and Wastewater Capital Improvement Funds ($229,000)
23.
Authorize Supplemental Agreement No. 2 to the professional services contract with CDM-Smith Inc. (formerly Camp Dresser & McKee Inc.) for engineering services for the schematic design phase for the Stormwater Drainage Master Plan at Dallas Love Field Not to exceed $2,269,000, from $1,909,000 to $4,178,000 - Financing: Aviation Capital Construction Funds
January 22, 2014Â
5
CONSENT AGENDA (Continued) Street Services 24.
An ordinance amending Chapter 28 of the Dallas City Code to: (1) designate school traffic zones; and (2) designate the direction of travel of vehicles on certain streets (list attached) - Financing: No cost consideration to the City
Sustainable Development and Construction 25.
Authorize settlement in lieu of proceeding with condemnation of a tract of land containing approximately 1,808 square feet from Richard Whitehead near the intersection of Elm and Washington Streets for the CBD Fair Park Link Thoroughfare Project - Not to exceed $22,663, increased from $51,466 ($49,466, plus closing costs and title expenses not to exceed $2,000) to $74,129 ($71,129, plus closing costs and title expenses not to exceed $3,000) - Financing: 2003 Bond Funds
26.
Authorize settlement in lieu of proceeding with condemnation of a tract of land containing approximately 314,393 square feet improved with an office building and storage shed from Boise Cascade Building Materials Distributions, L.L.C., located near the intersection of Bekay Street and Plano Road for the Park District Maintenance Service Center Project - Not to exceed $705,000, increased from $1,010,000 ($1,000,000, plus closing costs not to exceed $10,000) to $1,715,000 ($1,700,000, plus closing costs and title expenses not to exceed $15,000) - Financing: General Obligation Commercial Paper Funds
27.
Authorize acquisition from Jaime A. Alford and Marshall C. Alford, of approximately 16,426 square feet of land located in Dallas County for the Lake Tawakoni 144-inch Pipeline Project - Not to exceed $18,500 ($15,769, plus closing costs and title expenses not to exceed $2,731) - Financing: Water Utilities Capital Construction Funds
28.
Authorize acquisition from PSA Institutional Partners, L.P., of a total of approximately 916 square feet of land located near the intersection of Hawkins and Florence Streets for the Cesar Chavez Boulevard and Pearl Street from Commerce Street to Live Oak Street Project - Not to exceed $52,540 ($50,000, plus closing costs and title expenses not to exceed $2,540) - Financing: 2003 Bond Funds
29.
Authorize moving expense and replacement housing payments for Leticia Gonzalez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 707 Pontiac Avenue for future City facilities Not to exceed $46,400 - Financing: 2006 Bond Funds
30.
A resolution authorizing the City Manager to sell a tract of land used for parking and dumpsters at the Dallas Farmers Market to FM Park, LLC by executing: (1) a purchase and sale agreement; and (2) a deed without warranty - Revenue: $185,000
January 22, 2014Â
6
CONSENT AGENDA (Continued) Sustainable Development and Construction (Continued) 31.
A resolution authorizing the dedication of a drainage easement containing approximately 3,619 square feet of City-owned land to the public for the purpose of drainage improvements at the Highland Hills Branch Library site located near the intersection of Bonnie View Road and Highland Hills Drive - Financing: No cost consideration to the City
32.
A resolution authorizing the conveyance of bridge and drainage easements containing approximately 36,360 square feet of land to Valwood Improvement Authority and Dallas Area Rapid Transit for the construction, maintenance and use of the bridge and drainage improvements across City owned land located in the City of Farmers Branch Financing: No cost consideration to the City
33.
An ordinance amending Chapter 43 of the Dallas City Code to establish temporary application, annual, and one-time fees for licenses for certain uses of the public right-ofway - Financing: No cost consideration to the City
34.
An ordinance abandoning an alley to Elan Dallas City Lights Owner, LP, the abutting owner, containing approximately 1,100 square feet of land, located near the intersection of Good Latimer Expressway and Live Oak Street, and authorizing the quitclaim Revenue: $38,665, plus the $20 ordinance publication fee
35.
An ordinance abandoning a portion of a sanitary sewer easement to Elan Dallas City Lights Owner, LP, the abutting owner, containing approximately 2,806 square feet of land, located near the intersection of Good Latimer Expressway and Live Oak Street Revenue: $5,400, plus the $20 ordinance publication fee
36.
An ordinance abandoning a portion of an easement to Kwang Chong, the abutting owner, containing approximately 1,848 square feet of land, located near the intersection of Great Trinity Forest Way and Jim Miller Road - Revenue: $5,400, plus the $20 ordinance publication fee
37.
An ordinance abandoning a portion of Gibson Street and a subsurface drive to FM Futsal, Ltd, the abutting owner, containing a total of approximately 41,301 square feet of land, located near the intersection with Cesar Chavez Boulevard, and authorizing the quitclaim - Revenue: $16,456, plus the $20 ordinance publication fee
38.
An ordinance abandoning portions of Short Boulevard to Corinth I-35 & Ledbetter, LLC, the abutting owner, containing a total of approximately 13,375 square feet of land, located near the intersection of Vistawood and Short Boulevards, authorizing the quitclaim, and providing for the dedication of approximately 717 square feet of land needed for street right-of-way - Revenue: $11,295, plus the $20 ordinance publication fee
January 22, 2014Â
7
CONSENT AGENDA (Continued) Trinity Watershed Management 39.
Authorize a construction contract with Norstino Construction Company, ACA, lowest responsible bidder of five, for the 1667 Sylvan Storm Drainage Improvements - Not to exceed $370,000 - Financing: 1998 Bond Funds ($38,739), 2006 Bond Funds ($270,097), Water Utilities Capital Improvement Funds ($58,024) and Water Utilities Capital Construction Funds ($3,140)
Water Utilities 40.
Authorize an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation, for the design and construction of water and wastewater main relocations and appurtenance adjustments for S.M. Wright Freeway Phase I from C.F. Hawn Freeway (U.S. Highway 175) to Julius Schepps Freeway (Interstate Highway 45) - Not to exceed $3,513,000 - Financing: Water Utilities Capital Construction Funds ($15,000) and Water Utilities Capital Improvement Funds ($3,498,000)
41.
Authorize an increase in the contract with John Burns Construction Company of Texas, Inc. for additional work associated with repairs to the 96-inch Jim Miller water transmission main between the Eastside Water Treatment Plant and the Jim Miller Pump Station - Not to exceed $3,675,000, from $15,550,000 to $19,225,000 Financing: Water Utilities Capital Improvement Funds
ITEMS FOR INDIVIDUAL CONSIDERATION City Secretary’s Office 42.
Consideration of appointments to boards and commissions and the evaluation and duties of board and commission members (List of nominees is available in the City Secretary's Office)
Trinity Watershed Management 43.
Authorize acquisition, including the exercise of the right of eminent domain if such becomes necessary, from PNYX, LTD., of an unimproved tract of land containing approximately 988 square feet located on Continental Avenue at its intersection with North Riverfront Boulevard for the reconstruction of Continental Avenue - Not to exceed $41,139 ($37,939 plus closing costs and title expenses not to exceed $3,200) Financing: 2006 Bond Funds
January 22, 2014
8
ITEMS FOR INDIVIDUAL CONSIDERATION (Continued) DESIGNATED PUBLIC SUBSIDY MATTERS Economic Development Downtown Connection TIF District 1401 Elm Street
Note: Item Nos. 44 and 45 must be considered collectively.
44.
*
Authorize a development agreement with Olympic 1401 Elm Associates, LLC, to reimburse eligible project costs related to environmental remediation, demolition, street/utility improvements and façade improvements associated with the Olympic redevelopment project (1401 Elm Street) in an amount not to exceed $50,000,000, a portion of which is in the form of an Economic Development TIF Grant, from revenues accruing to Tax Increment Financing Reinvestment Zone Eleven (Downtown Connection TIF District) - Not to exceed $50,000,000 - Financing: Downtown Connection TIF District Funds
45.
*
A resolution declaring the intent of Tax Increment Financing District Reinvestment Zone Number Eleven (Downtown Connection TIF District) to reimburse Olympic 1401 Elm Associates, LLC, up to $50,000,000, a portion of which is in the form of an Economic Development TIF Grant, for TIF-eligible project costs pursuant to the development agreement with Olympic 1401 Elm Associates, LLC - Financing: No cost
46.
Authorize a 90 percent real property tax abatement agreement for 10 years with Cherokee Lamar Associates LLC (Cherokee) located on 3.9 acres within Reinvestment Zone Number Four located at 1210 South Lamar in Dallas pursuant to the City’s Public/Private Partnership Program - Revenue: First year revenue estimated at $21,543; ten-year revenue estimated at $215,433 (Estimated revenue foregone for tenyear real property tax abatement estimated at $1,938,897)
47.
Authorize a 75 percent real property tax abatement agreement for 8 years with First Industrial Texas L.P., a Delaware limited Partnership wholly owned by the publically traded parent, First Industrial Realty Trust, Inc., for the development of a two-building speculative warehouse development consisting of approximately 598,138 square feet located on approximately 49 acres within an Enterprise Zone near the intersection of Cockrell Hill Road and West Davis Street in Dallas pursuant to the City’s Public/Private Partnership Program - Revenue: First year revenue estimated at $39,895; eight-year revenue estimated at $319,160 (Estimated revenue foregone for eight-year real property tax abatement estimated at $957,480)
January 22, 2014Â
9
PUBLIC HEARINGS AND RELATED ACTIONS Sustainable Development and Construction ZONING CASES - CONSENT 48.
A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for single-family detached dwellings on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Hawthorne Avenue between Production Drive and Afton Street Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions Z123-135(WE)
49.
A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1835 for the Sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR Community Retail District with a D-1 Liquor Control Overlay on the south line of Scyene Road, east of Namur Street Recommendation of Staff and CPC: Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a revised site plan and conditions Z123-208(RB)
50.
A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1939 for an Open-enrollment charter school on property zoned an R-7.5(A) Single Family District, on the southeast corner of Military Parkway and Delafield Lane Recommendation of Staff and CPC: Approval for a three-year period with eligibility for automatic renewal for additional five-year periods, subject to a revised site plan, revised traffic management plan and revised conditions Z123-289(RB)
51.
A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District on property zoned a CR Community Retail District and a D(A) Duplex District with H/128 Historic Overlay District No. 128 (Junius Heights) southeast of Columbia Avenue and northwest of Alton Avenue Recommendation of Staff and CPC: Approval, subject to a development plan and conditions Z123-335(MW)
January 22, 2014Â
10
PUBLIC HEARINGS AND RELATED ACTIONS (Continued) Sustainable Development and Construction (Continued) ZONING CASES - CONSENT (Continued) 52.
A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1909 for the sale of alcoholic beverages in conjunction with a restaurant without drive-in or drive-through service on property zoned a CS-D-1 Commercial Service District with a D-1 Liquor Control Overlay on the southeast line of Belt Line Road, east of Kleberg Road Recommendation of Staff and CPC: Approval for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to conditions Z123-360(MW)
53.
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an alcoholic beverage establishment use for a bar, lounge, or tavern on property within Tract A of Planned Development District No. 269, Deep Ellum/Near East Side Special Purpose District on the east corner of Main Street and North Exposition Avenue Recommendation of Staff and CPC: Approval for a two-year period, subject to a site/landscape plan and conditions Z123-373(WE)
54.
A public hearing to receive comments regarding an application for and an ordinance granting a CR Community Retail District on property zoned an LO-1 Limited Office District on the west side of Marsh Lane, north of Walnut Hill Lane Recommendation of Staff and CPC: Approval Z134-104(WE)
55.
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a liquor store on property zoned Subarea 10 within Planned Development District No. 298, the Bryan Area Special Purpose District, at the east corner of Live Oak Street and North Haskell Avenue Recommendation of Staff and CPC: Approval for a two-year period with eligibility for automatic renewal of additional two-year periods, subject to a site plan and conditions Z134-108(JH)
56.
A public hearing to receive comments regarding an application for and an ordinance granting a new subdistrict within Planned Development District No. 764, the Second Avenue Special Purpose District, on the southwest line of Second Avenue, northwest of Hatcher Street Recommendation of Staff and CPC: Approval, subject to conditions Z134-113(WE)
January 22, 2014Â
11
PUBLIC HEARINGS AND RELATED ACTIONS (Continued) Sustainable Development and Construction (Continued) ZONING CASES - INDIVIDUAL 57.
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an Open-enrollment charter school and a Child-care facility on property zoned an R-7.5(A) Single Family District on property bounded by Palo Alto Drive, South El Centro Way, Texoma Way, Morgan Drive, and San Jose Avenue Recommendation of Staff: Approval for a three-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan, traffic management plan and conditions Recommendation of CPC: Approval for a two-year period, subject to a site plan, traffic management plan and conditions Z123-280(RB) ZONING CASES - UNDER ADVISEMENT - INDIVIDUAL
58.
A public hearing to receive comments regarding an application for 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 a CR-D1 Community Retail District with a D-1 Liquor Control Overlay on the northwest corner of Bruton Road and North Prairie Creek Road Recommendation of Staff: Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions Recommendation of CPC: Approval for a two-year period with eligibility for automatic renewal for additional two-year periods, subject to a site plan and conditions Z123-329(WE) Note: This item was considered by the City Council at a public hearing on December 11, 2013, and was taken under advisement until January 22, 2014, with the public hearing open
59.
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a Convalescent and nursing home, hospice care, and related institutions use and a resolution terminating the deed restrictions on property within Subdistrict 4A of Planned Development District No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, on the northeast line of Bahama Drive, south of Ft. Worth Avenue Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewal for additional fifteen-year periods, subject to a site plan and conditions, and approval of the termination of existing deed restrictions Z123-334(RB) Note: This item was considered by the City Council at a public hearing on December 11, 2013, and was taken under advisement until January 22, 2014, with the public hearing open
January 22, 2014Â
12
PUBLIC HEARINGS AND RELATED ACTIONS (Continued) Sustainable Development and Construction (Continued) DESIGNATED ZONING CASES - INDIVIDUAL 60.
A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for mixed uses on property zoned an LC Light Commercial Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest corner of Routh Street and McKinney Avenue Recommendation of Staff and CPC: Approval, subject to a development plan and conditions Z123-283(MW)
61.
A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 759 for RR Regional Retail District uses generally bounded by West Mockingbird Lane, Forest Park Road, Empire Central and Maple Avenue Recommendation of Staff and CPC: Approval, subject to a revised conceptual plan and revised conditions Z123-340(WE)
62.
A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 344 on the northeast line of Park Lane, northwest of Abrams Road Recommendation of Staff and CPC: Approval, subject to a revised development/landscape plan and conditions Z123-370(WE) DESIGNATED ZONING CASES - UNDER ADVISEMENT - INDIVIDUAL
63.
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a detached non-premise sign (billboard) use on property zoned a GO(A) General Office District on the southwest corner of LBJ Freeway and Bank Way Lane (formerly Nelda Lane) Recommendation of Staff: Approval for a ten-year period, subject to site plan and conditions Recommendation of CPC: Denial without prejudice Z123-361(CG) Note: This item was considered by the City Council at a public hearing on December 11, 2013, and was taken under advisement until January 22, 2014, with the public hearing open
January 22, 2014Â
13
PUBLIC HEARINGS AND RELATED ACTIONS (Continued) FLOODPLAIN APPLICATIONS Trinity Watershed Management 64.
A public hearing to receive comments regarding the application for and approval of the fill permit and removal of the floodplain (FP) prefix from approximately 0.10 acres of the current 0.57 acres of land, located at the southeast corner of Zang Boulevard and Louisiana Avenue within the floodplain of South Branch of Cedar Creek, Fill Permit 1304 - Financing: No cost consideration to the City
THOROUGHFARE PLAN AMENDMENTS Public Works Department 65.
A public hearing to receive comments to amend the City of Dallas Thoroughfare Plan to change the dimensional classification of Sylvan Avenue from IH-30 to Colorado Boulevard from a six-lane divided roadway M-6-D(A*) within 100 feet of right-of-way to a special four-lane divided roadway (SPCL 4-D) with bicycle lanes within 80 feet of rightof-way; and at the close of the hearing, authorize an ordinance implementing the change - Financing: No cost consideration to the City
66.
A public hearing to receive comments to amend the City of Dallas Thoroughfare Plan to change the dimensional classifications of (1) Victory Avenue from Continental Avenue to Lamar Street from a one-way special three-lane couplet (SPCL 3 CPLT) within 56 feet of right-of-way to a special two-way three-lane undivided roadway (SPCL 3U) within 67 feet of right-of-way and 36 feet of pavement; (2) Victory Avenue from Lamar Street to North Houston Street from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 80 feet of right-of-way to a special two-way four-lane undivided roadway (SPCL 4U) within 67 to 80 feet of right-of-way; (3) North Houston Street from Continental Avenue to All Star Way from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 67 feet of right-of-way to a two-way special three-lane undivided roadway (SPCL 3U) within 67 feet of right-of-way with bicycle lanes; and (4) North Houston Street from All Star Way to Hi Line Drive from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 67 feet of right-of-way to a two-way special four-lane undivided roadway (SPCL 4U) within 64 to 67 feet of right-of-way and 44 to 47 feet of pavement; and at the close of the hearing, authorize an ordinance implementing the change - Financing: No cost consideration to the City
January 22, 2014
14
PUBLIC HEARINGS AND RELATED ACTIONS (Continued) MISCELLANEOUS HEARINGS - UNDER ADVISEMENT Sustainable Development and Construction 67.
A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from L.G. Pinkston High School, a public school, required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit for a proposed general merchandise or food store greater than 10,000 square feet [Minyard Food Store] on property on the northwest corner of North Hampton Road and Singleton Boulevard - AV123-011 - Financing: No cost consideration to the City
January 22, 2014Â
15
Alley and Street Petition Improvements with BDS Technologies, Inc. Agenda Item # 18
Project
Council District
Amount
Alley Petition Improvements Alley between Capps Drive and Rexford Drive from Lemmon Avenue parallel to Glencrest Lane
13
$15,527.75
Alley between Hibernia Street and McKinney Avenue from Routh Street to Boll Street
14
$15,949.50
Alley between Hibernia Street and State Street from Boll Street to Worthington Street
14
$17,974.00
Alley between Hurley Way and Lenel Place from Williamsburg Road to "T" alley south of Walnut Hill Lane
6
$23,632.50
Alley between Manana Drive and Park Lane from Larga Drive to Marsh Lane
6
$59,390.00
Alley between State Street and Thomas Avenue from Routh Street to Boll Street
14
$18,010.00
Alley southwest and parallel to Shoreview Road from Forest Trail to Nimrod Trail
10
$28,787.75
Palacios Avenue from Ottawa Road to Canada Drive
6
$60,425.25
Stevens Street from Cayuga Drive to Davilla Avenue and Davilla Avenue from Stevens Street to Drake Street
9
$44,962.00
Street Petition Improvements
January 22, 2014Â
16 SECTION 28- 50 SCHOOL ZONES - ADDITIONS Agenda Item # 24 Council District
Location
School
3000-3100 Altman Drive 2000-2400 Millmar Drive
Caillet Elementary Bryan Adams High
13 9
Cause New-Study Extent
SECTION 28- 50 SCHOOL ZONES - DELETIONS Council District
Location
School
2000-2300 Millmar Drive 4900-5000 Second Avenue
Bryan Adams High Anderson Learning Center
9 7
Cause Extent School Closing
SECTION 28-60 ONE WAY STREETS IN SCHOOL ZONES - DELETION
Street Name
Extent
Garden Lane
Bradshaw Street to Second Avenue
Direction East
Council District 7
Cause School Closing
SECTION 28-59 ONE WAY STREETS - ADDITIONS
Street Name
Extent
Akard Street
Ross Avenue to Elm Street
Direction South
Council District 14
Cause Traffic Flow
SECTION 28-59 ONE WAY STREETS - DELETIONS
Street Name
Extent
Akard Street
Ross Avenue to Pacific Avenue
Direction South
Council District 14
Cause Traffic Flow
January 22, 2014Â
17
A closed executive session may be held if the discussion of any of the above agenda items concerns one of the following: 1.
Contemplated or pending litigation, or matters where legal advice is requested of the City Attorney. Section 551.071 of the Texas Open Meetings Act.
2.
The purchase, exchange, lease or value of real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section 551.072 of the Texas Open Meetings Act.
3.
A contract for a prospective gift or donation to the City, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section 551.073 of the Texas Open Meetings Act.
4.
Personnel matters involving the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear a complaint against an officer or employee. Section 551.074 of the Texas Open Meetings Act.
5.
The deployment, or specific occasions for implementation of security personnel or devices. Section 551.076 of the Texas Open Meetings Act.
6.
Deliberations regarding Economic Development negotiations. Section 551.087 of the Texas Open Meetings Act.
AGENDA DATE
January 22, 2014
ITEM IND # OK DEF DISTRICT TYPE
DEPT.
DOLLARS
LOCAL
MWBE
NA
NA
NA
NA
1
All
V
2
All
C
3
All
C
4
All
C
PBD, CIS, EBS, SAN
5
N/A
C
6
N/A
7
65.53%
Authorize a three-year service contract for scrap tire removal from the Trinity River and trash and debris removal from 24.04% Lake Ray Hubbard
77.04%
0.00%
$37,328.44
0.00%
2.00%
ATT
$57,635.00
0.00%
0.00%
C
ATT, POL
NC
NA
NA
8
C
ECO, PBW, WTR
GT
8
All
C
HOU
$290,000.00
NA
NA
9
12
C
PKR
$1,240,597.30
74.69%
74.69%
10
4
C
PKR
$1,426,401.60
0.00%
25.52%
11
5
C
PKR
$1,818,200.00
77.71%
27.24%
12
14
C
PKR
$30,000.00
NA
NA
13
All
C
POL
GT
NA
NA
14
All
C
POL
NC
NA
NA
15
All 1, 2, 3, 4, 5, 6, 7, 8, 14
C
POL
GT
NA
NA
Authorize a three-year service contract for written and verbal translation services and American sign language services Authorize Supplemental Agreement No. 3 to increase the service contract with Telogis, Inc. for support of the global positioning system deployed on Sanitation fleet equipment for a four-month term beginning February 1, 2014 through May 31, 2014 Authorize payment of annual software maintenance in support of the CityLaw Law Office Management System, a performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2013 through October 31, 2014 An ordinance amending Chapter 28 of the Dallas City Code to: define terms; regulate certain conduct intended to distract motorists traveling on designated highways; provide defenses; and provide for enforcement Authorize an increase in the contract with Ed Bell Construction Company to expedite the construction of thoroughfare and water main improvements for Danieldale Road from Hampton Road to Old Hickory Trail and Old Hickory Trail from Danieldale Road to 500 feet south of Stoneview Drive; a change to the construction schedule from July 15, 2014 to April 15, 2014; and the receipt and deposit of funds from US Real Estate, Limited Partnership in the amount of $135,000 in the Capital Project Reimbursement Fund Authorize an amendment to the Home Repair Program Statement to: establish the Emergency Repair Program; and modify the affordability and repayment terms for Reconstruction Program loans Authorize a construction contract for site improvements to include soccer fields and a new parking lot at Timberglen Park located at 3900 Timberglen Drive - Gilbert May, Inc. dba Phillips/May Corporation, lowest responsible bidder of five Authorize a contract for construction of a loop trail at Kiest Park located at 3080 South Hampton Road - Northstar Construction, LLC, lowest responsible bidder of seven Authorize a contract for renovation and expansion of the existing recreation center at Pleasant Oaks Recreation Center located at 8700 Greenmound Avenue - MART, Inc., best value proposer of three Authorize Supplemental Agreement No. 1 to the development and maintenance agreement with Uptown Dallas, Inc. for improvements and services at Griggs Park located at 2200 Hugo Street 2013-14 State of Texas Internet Crimes Against Children Grant and City of Dallas NIBIN Program: Authorize an application for and acceptance of the 2013-14 State of Texas Internet Crimes Against Children Grant, from the Office of the Governor, Criminal Justice Division for response to the sexual abuse and exploitation of children facilitated by the use of computer technology for the period October 1, 2013 through August 31, 2014 2013-14 State of Texas Internet Crimes Against Children Grant and City of Dallas NIBIN Program: Authorize a correction to Resolution No. 13-1761, previously approved on October 8, 2013, to add a provision for the repayment of funds in the event of the loss or misuse of funds provided for the City of Dallas NIBIN Program by the Office of the Governor, Criminal Justice Division, to provide aid in finding crime linkages and provide additional resources to the National Integrated Ballistic Information Network Program Authorize the acceptance of supplemental funding for the 2013/2014 Tobacco Enforcement Grant through the Texas School Safety Center at Texas State University - San Marcos for the purpose of reducing youth access to tobacco products, and to ensure compliance with the Health and Safety Code, Chapter 161 for the period September 1, 2013 through August 31, 2014; and execution of the grant agreement
C
POL
$600,000.00
NA
NA
Authorize payment to Dallas County Sheriff’s Office to reimburse Dallas County for program expenses associated with the Dallas County Highway Traffic Program for the period October 1, 2013 through September 30, 2014
16
PBD, TWM, WTR $3,257,943.64 PBD, ATT, SEC, CES, LIB, JUD, PKR, POL $331,361.00
DESCRIPTION
Approval of Minutes of January 8, 2014 City Council Meeting
100.00% 23.37%
Page 1
AGENDA DATE
January 22, 2014
ITEM IND # OK DEF DISTRICT TYPE
17
DEPT.
DOLLARS
LOCAL
MWBE
DESCRIPTION
An ordinance amending Chapter 42 of the Dallas City Code to: define terms; establish requirements, procedures, fees, qualifications, and defenses for the registration of home solicitors; regulate the time and manner in which home solicitations may be conducted on residential premises; provide recordkeeping requirements for home solicitors; provide for signs to prohibit home solicitors on residential premises; delete certain consumer solicitation provisions now NA NA regulated by state law; and make certain nonsubstantive changes Authorize a professional services contract with BDS Technologies, Inc. for the engineering design of seven alley 94.82% 100.00% petition projects and two street petition projects Authorize a contract with RWC Enterprises, Inc., best value proposer of five, for the construction of the Fire Station No. 72.90% 0.00% 44 replacement facility located at 2025 Lagow Street
C
POL, ATT
NC
18
N/A 6, 9, 10, 13, 14
C
PBW, WTR
$284,658.75
19
7
C
PBW, FIR
$3,809,000.00
20
8
C
PBW
$420,000.00
NA
21
6
C
PBW
$5,700.00
NA
22
14
C
PBW, WTR
$427,000.00
NA
23
C
PBW, AVI
$2,269,000.00
15.20%
24
2 7, 9, 13, 14
C
STS
NC
NA
25
2
C
DEV, PBW
$22,663.00
NA
26
10
C
DEV, PKR
$705,000.00
NA
27
Outside
C
DEV, WTR
$18,500.00
NA
28
14
C
DEV, PBW
$52,540.00
NA
29
2
C
DEV, PBW
$46,400.00
NA
30
2
C
DEV, ECO
REV $185,000
NA
31
8
C
DEV
NC
NA
Authorize a Project Specific Agreement with Dallas County for the improvement of frontage roads and ramps along IH20 from Haymarket Road to West of US175; and payment to Dallas County for the City’s share of project cost Authorize an Interlocal Agreement with Dallas Area Rapid Transit for participation in the construction of an improved NA sidewalk and road crossing of the Dallas Area Rapid Transit rail line on Storey Lane near Denton Drive Authorize payment to Dallas Area Rapid Transit for utility improvement and relocation costs associated with the Urban NA Circulator streetcar project in downtown Dallas Authorize Supplemental Agreement No. 2 to the professional services contract with CDM-Smith Inc. (formerly Camp Dresser & McKee Inc.) for engineering services for the schematic design phase for the Stormwater Drainage Master 48.15% Plan at Dallas Love Field An ordinance amending Chapter 28 of the Dallas City Code to: designate school traffic zones; and designate the NA direction of travel of vehicles on certain streets Authorize settlement in lieu of proceeding with condemnation of a tract of land containing approximately 1,808 square feet from Richard Whitehead near the intersection of Elm and Washington Streets for the CBD Fair Park Link NA Thoroughfare Project Authorize settlement in lieu of proceeding with condemnation of a tract of land containing approximately 314,393 square feet improved with an office building and storage shed from Boise Cascade Building Materials Distributions, L.L.C., located near the intersection of Bekay Street and Plano Road for the Park District Maintenance Service Center NA Project Authorize acquisition from Jaime A. Alford and Marshall C. Alford, of approximately 16,426 square feet of land located NA in Dallas County for the Lake Tawakoni 144-inch Pipeline Project Authorize acquisition from PSA Institutional Partners, L.P., of a total of approximately 916 square feet of land located near the intersection of Hawkins and Florence Streets for the Cesar Chavez Boulevard and Pearl Street from NA Commerce Street to Live Oak Street Project Authorize moving expense and replacement housing payments for Leticia Gonzalez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 707 Pontiac NA Avenue for future City facilities A resolution authorizing the City Manager to sell a tract of land used for parking and dumpsters at the Dallas Farmers NA Market to FM Park, LLC by executing: a purchase and sale agreement; and a deed without warranty A resolution authorizing the dedication of a drainage easement containing approximately 3,619 square feet of Cityowned land to the public for the purpose of drainage improvements at the Highland Hills Branch Library site located NA near the intersection of Bonnie View Road and Highland Hills Drive NA
32
Outside
C
DEV
NC
NA
NA
33
All
C
DEV
NC
NA
NA
34
14
C
DEV
REV $38,665
NA
NA
A resolution authorizing the conveyance of bridge and drainage easements containing approximately 36,360 square feet of land to Valwood Improvement Authority and Dallas Area Rapid Transit for the construction, maintenance and use of the bridge and drainage improvements across City owned land located in the City of Farmers Branch An ordinance amending Chapter 43 of the Dallas City Code to establish temporary application, annual, and one-time fees for licenses for certain uses of the public right-of-way An ordinance abandoning an alley to Elan Dallas City Lights Owner, LP, the abutting owner, containing approximately 1,100 square feet of land, located near the intersection of Good Latimer Expressway and Live Oak Street, and authorizing the quitclaim Page 2
AGENDA DATE
January 22, 2014
ITEM IND # OK DEF DISTRICT TYPE
DEPT.
DESCRIPTION
NA
An ordinance abandoning a portion of a sanitary sewer easement to Elan Dallas City Lights Owner, LP, the abutting owner, containing approximately 2,806 square feet of land, located near the intersection of Good Latimer Expressway and Live Oak Street
C
36
8
C
37
4
C
38
4
C
39
1
C
40
7
C
41
7, Outside
C
42
N/A
I
43
6
I
An ordinance abandoning a portion of an easement to Kwang Chong, the abutting owner, containing approximately 1,848 square feet of land, located near the intersection of Great Trinity Forest Way and Jim Miller Road An ordinance abandoning a portion of Gibson Street and a subsurface drive to FM Futsal, Ltd, the abutting owner, containing a total of approximately 41,301 square feet of land, located near the intersection with Cesar Chavez DEV REV $16,456 NA NA Boulevard, and authorizing the quitclaim An ordinance abandoning portions of Short Boulevard to Corinth I-35 & Ledbetter, LLC, the abutting owner, containing a total of approximately 13,375 square feet of land, located near the intersection of Vistawood and Short Boulevards, authorizing the quitclaim, and providing for the dedication of approximately 717 square feet of land needed for street DEV REV $11,295 NA NA right-of-way Authorize a construction contract with Norstino Construction Company, ACA, lowest responsible bidder of five, for the TWM $369,999.94 100.00% 25.68% 1667 Sylvan Storm Drainage Improvements Authorize an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation, for the design and construction of water and wastewater main relocations and appurtenance adjustments for S.M. Wright Freeway Phase I from C.F. Hawn Freeway (U.S. Highway 175) to Julius Schepps Freeway WTR $3,513,000.00 NA NA (Interstate Highway 45) Authorize an increase in the contract with John Burns Construction Company of Texas, Inc. for additional work associated with repairs to the 96-inch Jim Miller water transmission main between the Eastside Water Treatment Plant WTR $3,675,000.00 96.78% 25.09% and the Jim Miller Pump Station Consideration of appointments to boards and commissions and the evaluation and duties of board and commission SEC NC N/A N/A members (List of nominees is available in the City Secretary's Office) Authorize acquisition, including the exercise of the right of eminent domain if such becomes necessary, from PNYX, LTD., of an unimproved tract of land containing approximately 988 square feet located on Continental Avenue at its TWM, PBW $41,139.00 NA NA intersection with North Riverfront Boulevard for the reconstruction of Continental Avenue
I
Downtown Connection TIF District - 1401 Elm Street: Authorize a development agreement with Olympic 1401 Elm Associates, LLC, to reimburse eligible project costs related to environmental remediation, demolition, street/utility improvements and façade improvements associated with the Olympic redevelopment project (1401 Elm Street) in an amount not to exceed $50,000,000, a portion of which is in the form of an Economic Development TIF Grant, from revenues accruing to Tax Increment Financing Reinvestment Zone Eleven (Downtown Connection TIF District)
14
ECO
REV $5,400
$50,000,000.00
NA
MWBE
14
DEV
REV $5,400
LOCAL
35
44
DEV
DOLLARS
NA
NA
NA
NA
45
14
I
ECO
NC
NA
NA
46
2
I
ECO
NC
NA
NA
47
6
I
ECO
NC
NA
NA
48
2
PH
DEV
NC
NA
NA
Downtown Connection TIF District - 1401 Elm Street: A resolution declaring the intent of Tax Increment Financing District Reinvestment Zone Number Eleven (Downtown Connection TIF District) to reimburse Olympic 1401 Elm Associates, LLC, up to $50,000,000, a portion of which is in the form of an Economic Development TIF Grant, for TIFeligible project costs pursuant to the development agreement with Olympic 1401 Elm Associates, LLC Authorize a 90 percent real property tax abatement agreement for 10 years with Cherokee Lamar Associates LLC (Cherokee) located on 3.9 acres within Reinvestment Zone Number Four located at 1210 South Lamar in Dallas pursuant to the City’s Public/Private Partnership Program Authorize a 75 percent real property tax abatement agreement for 8 years with First Industrial Texas L.P., a Delaware limited Partnership wholly owned by the publically traded parent, First Industrial Realty Trust, Inc., for the development of a two-building speculative warehouse development consisting of approximately 598,138 square feet located on approximately 49 acres within an Enterprise Zone near the intersection of Cockrell Hill Road and West Davis Street in Dallas pursuant to the City’s Public/Private Partnership Program A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for single-family detached dwellings on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Hawthorne Avenue between Production Drive and Afton Street Page 3
AGENDA DATE
January 22, 2014
ITEM IND # OK DEF DISTRICT TYPE
DEPT.
DOLLARS
LOCAL
MWBE
49
7
PH
DEV
NC
NA
NA
50
4
PH
DEV
NC
NA
NA
51
2, 14
PH
DEV
NC
NA
NA
52
8
PH
DEV
NC
NA
NA
53
2
PH
DEV
NC
NA
NA
54
13
PH
DEV
NC
NA
NA
55
2
PH
DEV
NC
NA
NA
56
7
PH
DEV
NC
NA
NA
DESCRIPTION
A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1835 for the Sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR Community Retail District with a D-1 Liquor Control Overlay on the south line of Scyene Road, east of Namur Street A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1939 for an Open-enrollment charter school on property zoned an R-7.5(A) Single Family District, on the southeast corner of Military Parkway and Delafield Lane A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District on property zoned a CR Community Retail District and a D(A) Duplex District with H/128 Historic Overlay District No. 128 (Junius Heights) southeast of Columbia Avenue and northwest of Alton Avenue A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1909 for the sale of alcoholic beverages in conjunction with a restaurant without drive-in or drivethrough service on property zoned a CS-D-1 Commercial Service District with a D-1 Liquor Control Overlay on the southeast line of Belt Line Road, east of Kleberg Road A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an alcoholic beverage establishment use for a bar, lounge, or tavern on property within Tract A of Planned Development District No. 269, Deep Ellum/Near East Side Special Purpose District on the east corner of Main Street and North Exposition Avenue A public hearing to receive comments regarding an application for and an ordinance granting a CR Community Retail District on property zoned an LO-1 Limited Office District on the west side of Marsh Lane, north of Walnut Hill Lane A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a liquor store on property zoned Subarea 10 within Planned Development District No. 298, the Bryan Area Special Purpose District, at the east corner of Live Oak Street and North Haskell Avenue A public hearing to receive comments regarding an application for and an ordinance granting a new subdistrict within Planned Development District No. 764, the Second Avenue Special Purpose District, on the southwest line of Second Avenue, northwest of Hatcher Street
57
8
PH
DEV
NC
NA
NA
58
5
PH
DEV
NC
NA
NA
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an Open-enrollment charter school and a Child-care facility on property zoned an R-7.5(A) Single Family District on property bounded by Palo Alto Drive, South El Centro Way, Texoma Way, Morgan Drive, and San Jose Avenue A public hearing to receive comments regarding an application for 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 a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay on the northwest corner of Bruton Road and North Prairie Creek Road
NA
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a Convalescent and nursing home, hospice care, and related institutions use and a resolution terminating the deed restrictions on property within Subdistrict 4A of Planned Development District No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, on the northeast line of Bahama Drive, south of Ft. Worth Avenue
59
1
PH
DEV
NC
NA
60
14
PH
DEV
NC
NA
NA
61
2
PH
DEV
NC
NA
NA
62
13
PH
DEV
NC
NA
NA
A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for mixed uses on property zoned an LC Light Commercial Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest corner of Routh Street and McKinney Avenue A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 759 for RR Regional Retail District uses generally bounded by West Mockingbird Lane, Forest Park Road, Empire Central and Maple Avenue A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 344 on the northeast line of Park Lane, northwest of Abrams Road
Page 4
AGENDA DATE
January 22, 2014
ITEM IND # OK DEF DISTRICT TYPE
63
6
PH
DEPT.
DEV
DOLLARS
NC
LOCAL
NA
MWBE
DESCRIPTION
NA
A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a detached non-premise sign (billboard) use on property zoned a GO(A) General Office District on the southwest corner of LBJ Freeway and Bank Way Lane (formerly Nelda Lane)
64
1
PH
TWM
NC
NA
NA
65
1
PH
PBW
NC
NA
NA
66
2
PH
PBW
NC
NA
NA
A public hearing to receive comments regarding the application for and approval of the fill permit and removal of the floodplain (FP) prefix from approximately 0.10 acres of the current 0.57 acres of land, located at the southeast corner of Zang Boulevard and Louisiana Avenue within the floodplain of South Branch of Cedar Creek, Fill Permit 13-04 A public hearing to receive comments to amend the City of Dallas Thoroughfare Plan to change the dimensional classification of Sylvan Avenue from IH-30 to Colorado Boulevard from a six-lane divided roadway M-6-D(A*) within 100 feet of right-of-way to a special four-lane divided roadway (SPCL 4-D) with bicycle lanes within 80 feet of right-of-way; and at the close of the hearing, authorize an ordinance implementing the change A public hearing to receive comments to amend the City of Dallas Thoroughfare Plan to change the dimensional classifications of Victory Avenue from Continental Avenue to Lamar Street from a one-way special three-lane couplet (SPCL 3 CPLT) within 56 feet of right-of-way to a special two-way three-lane undivided roadway (SPCL 3U) within 67 feet of right-of-way and 36 feet of pavement; Victory Avenue from Lamar Street to North Houston Street from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 80 feet of right-of-way to a special two-way four-lane undivided roadway (SPCL 4U) within 67 to 80 feet of right-of-way; North Houston Street from Continental Avenue to All Star Way from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 67 feet of right-of-way to a two-way special threelane undivided roadway (SPCL 3U) within 67 feet of right-of-way with bicycle lanes; and North Houston Street from All Star Way to Hi Line Drive from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 67 feet of right-of-way to a two-way special four-lane undivided roadway (SPCL 4U) within 64 to 67 feet of right-of-way and 44 to 47 feet of pavement; and at the close of the hearing, authorize an ordinance implementing the change
NA
A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from L.G. Pinkston High School, a public school, required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit for a proposed general merchandise or food store greater than 10,000 square feet [Minyard Food Store] on property on the northwest corner of North Hampton Road and Singleton Boulevard
67
6
PH
TOTAL
DEV
NC
NA
$74,749,067.67
Page 5
AGENDA ITEM # 2 KEY FOCUS AREA:
Clean, Healthy Environment
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
All
DEPARTMENT:
Business Development & Procurement Services Trinity Watershed Management Water Utilities
CMO:
Jeanne Chipperfield, 670-7804 Jill A. Jordan, P.E., 670-5299 Forest E. Turner, 670-3390
MAPSCO:
N/A ________________________________________________________________
SUBJECT Authorize a three-year service contract for scrap tire removal from the Trinity River and trash and debris removal from Lake Ray Hubbard - Good Earth Corporation, Inc. in the amount of $2,805,000 and Hess Construction, LLC in the amount of $452,944, lowest responsible bidders of three - Not to exceed $3,257,944 - Financing: Stormwater Drainage Management Current Funds ($2,805,000) and Water Utilities Current Funds ($452,944) (subject to annual appropriations) BACKGROUND This action does not encumber funds; the purpose of a service contract is to establish firm pricing for services, for a specific term, which are ordered on an as needed basis. This service contract will provide for scrap tire removal from the Trinity River and trash and debris removal from Lake Ray Hubbard. Through Citywide initiatives to remove trash and debris from the City's creeks, lakes and rivers, the City realized the necessity to remove the numerous tires that have been illegally dumped in the Trinity River causing deteriorating water quality. The awarded vendor will be responsible for transporting and disposing of tires in accordance to the Texas Commission on Environmental Quality (TCEQ). The City utilizes Lake Ray Hubbard as a major water source. The accumulation of trash and debris in the Rowlett Creek portion of the lake has generated numerous complaints. The removal of the trash and debris is consistent with the TCEQ's Texas Surface Water Quality Standards as they relate to floating debris and aesthetic conditions.
BACKGROUND (Continued) As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 775 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS' ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women's Business Council - Southwest, to ensure maximum vendor outreach. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 21, 2013, City Council was briefed. This item is scheduled to be briefed to the Transportation and Trinity River Project Committee on January 13, 2014. FISCAL INFORMATION $2,805,000.00 - Stormwater Drainage Management Current Funds (subject to annual appropriations) $ 452,943.64 - Water Utilities Current Funds (subject to annual appropriations) M/WBE INFORMATION 198 - Vendors contacted 198 - No response 0 - Response (Bid) 0 - Response (No Bid) 0 - Successful 775 M/WBE and Non-M/WBE vendors were contacted The recommended awardees have fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826 as amended.
Agenda Date 01/22/2014 - page 2
ETHNIC COMPOSITION Good Earth Corporation, Inc. White Male Black Male Hispanic Male Other Male
18 20 130 0
White Female Black Female Hispanic Female Other Female
2 2 12 0
White Female Black Female Hispanic Female Other Female
1 1 1 0
Hess Construction, LLC White Male Black Male Hispanic Male Other Male
1 0 4 0
BID INFORMATION The following bids were received from solicitation number BL1352 and opened on September 26, 2013. This service contract is being awarded to the lowest responsive and responsible bidders by group. *Denotes successful bidders Bidders
Address
Amount
*Good Earth Corporation, Inc.
8020 Heinen Drive Dallas, TX 75227
Group 1 - $ 5,123,000.00 Group 2 - $ 2,805,000.00
*Hess Construction, LLC
2020 Fieldstone Parkway Suite 900 Franklin, TN 37069
Group 1 - $ 452,943.64 Group 2 - Non-responsive
Genius LLC dba Junk Genius
116 S. Cannady Circle Cedar Hill, TX 75104
Group 1 - No bid Group 2 - $29,700,000.00
*Hess Construction, LLC was deemed non-responsive for group 2 due to not meeting specifications.
Agenda Date 01/22/2014 - page 3
OWNERS Good Earth Corporation, Inc. Ron Points, President Emily Points, Secretary George Belk, Treasurer Hess Construction, LLC Liesa Hess, President Jeff Hess, Vice President
Agenda Date 01/22/2014 - page 4
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a three-year service contract for scrap tire removal from the Trinity River and trash and debris removal from Lake Ray Hubbard - Good Earth Corporation, Inc. in the amount of $2,805,000 and Hess Construction, LLC in the amount of $452,944, lowest responsible bidders of three - Not to exceed $3,257,944 Financing: Stormwater Drainage Management Current Funds ($2,805,000) and Water Utilities Current Funds ($452,944) (subject to annual appropriations) Good Earth Corporation, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and propose to use the following sub-contractors. Hess Construction, LLC is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor. PROJECT CATEGORY: Other Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount
Percent
Total local contracts Total non-local contracts
$2,135,000.00 $1,122,943.64
65.53% 34.47%
------------------------
------------------------
TOTAL CONTRACT
$3,257,943.64
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors Non-local
Certification
J. Beltran Hauling Medtronix Solutions USA Sun Coast Resources, Inc RECS, Inc.
HMDB56536Y0214 IMDB57349Y0514 WFWB23879N0514 WFWB58419N0814
Total Minority - Non-local
Amount
Percent
$297,000.00 $20,000.00 $353,000.00 $113,235.91
26.45% 1.78% 31.44% 10.08%
------------------------
------------------------
$783,235.91
69.75%
TOTAL M/WBE CONTRACT PARTICIPATION
African American Hispanic American Asian American Native American WBE Total
Local
Percent
Local & Non-Local
Percent
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
$0.00 $297,000.00 $20,000.00 $0.00 $466,235.91
0.00% 9.12% 0.61% 0.00% 14.31%
----------------------
----------------------
----------------------
-----------------------
$0.00
0.00%
$783,235.91
24.04%
COUNCIL CHAMBER
January 22, 2014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is authorized to execute a service contract with Good Earth Corporation, Inc. (510006) in the amount of $2,805,000.00 and Hess Construction, LLC (VS0000081429) in the amount of $452,943.64 for scrap tire removal from the Trinity River and trash and debris removal from Lake Ray Hubbard for a term of three years in an amount not to exceed $3,257,943.64, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Good Earth Corporation, Inc. and Hess Construction, LLC shall be based only on the amount of the services directed to be performed by the City and properly performed by Good Earth Corporation, Inc. and Hess Construction, LLC under the contract. Section 2. That the City Controller is authorized to disburse funds in an amount not to exceed $3,257,943.64 (subject to annual appropriations). Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
KEY FOCUS AREA:
AGENDA ITEM # 3 Efficient, Effective and Economical Government
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
All
DEPARTMENT:
Business Development & Procurement Services City Attorney's Office City Secretary Convention and Event Services Library Municipal Court Judiciary Park & Recreation Police
CMO:
Jeanne Chipperfield, 670-7804 Warren M.S. Ernst, 670-3491 Rosa Rios, 670-3738 Forest E. Turner, 670-3390 Joey Zapata, 670-1204 Daniel Solis, 670-1325 Willis Winters, 670-4071 Ryan S. Evans, 671-9837
MAPSCO:
N/A ________________________________________________________________
SUBJECT Authorize a three-year service contract for written and verbal translation services and American sign language services - Accento, The Language Company in the amount of $276,068, Geneva Worldwide, Inc. in the amount of $68,828 and Language USA, Inc. in the amount of $13,465, lowest responsible bidders of seven - Total not to exceed $358,361 - Financing: Current Funds ($328,361), 2013-14 Community Development Block Grant Funds ($27,000) and Convention and Event Services Current Funds ($3,000) (subject to annual appropriations) BACKGROUND This action does not encumber funds; the purpose of a service contract is to establish firm pricing for services, for a specific term, which are ordered on an as needed basis. This service contract will provide written and verbal translation services and American sign language services for City departments. The City needs the ability to effectively communicate with the limited English speaking and the deaf and hard of hearing community.
BACKGROUND (Continued) Courts will utilize this service contract to assist in processing cases that involve the non-English speaking, deaf and hard of hearing community. Chapter 57 of the Texas Government Code requires courts to pay for an interpreter for all persons who do not understand or speak the English language. The local Government Code requires that a court shall appoint an American sign language (ASL) interpreter if a motion for the appointment of an interpreter is filed by a party or requested by a witness in a civil or criminal proceeding in the court. Approximately 42,000 defendants who appeared before the municipal courts in 2013 were non-English speaking and required translation assistance. ASL and spoken language interpreters also assist detectives and/or City staff with scheduled interviews, City departments at monthly manager meetings, community meetings, training services and multifunctional learning centers. Written translation of legal and business documents are required for a wide variety of situations. As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 194 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS' ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women's Business Council - Southwest, to ensure maximum vendor outreach. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $328,360.95 - Current Funds (subject to annual appropriations) $ 27,000.00 - 2013-14 Community Development Block Grant Funds $ 3,000.00 - Convention and Event Services Current Funds (subject to annual appropriations) M/WBE INFORMATION 14 - Vendors contacted 14 - No response 0 - Response (Bid) 0 - Response (No Bid) 0 - Successful
Agenda Date 01/22/2014 - page 2
M/WBE INFORMATION (Continued) 194 M/WBE and Non-M/WBE vendors were contacted The recommended awardees have fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826 as amended. ETHNIC COMPOSITION Accento, The Language Company White Male Black Male Hispanic Male Other Male
1 0 0 0
White Female Black Female Hispanic Female Other Female
0 0 3 0
11 0 4 3
White Female Black Female Hispanic Female Other Female
5 0 4 2
0 0 1 0
White Female Black Female Hispanic Female Other Female
2 0 1 1
Geneva Worldwide, Inc. White Male Black Male Hispanic Male Other Male Language USA, Inc. White Male Black Male Hispanic Male Other Male BID INFORMATION The following bids were received from solicitation number BX1309 and were opened on August 29, 2013. This service contract is being awarded to the lowest responsive and responsible bidders by group. *Denotes successful bidders Bidders
Address
*Accento, The Language 15851 Dallas Pkwy. Company Addison, TX 75001
Amount of Bid Group 1 - $276,067.50 Group 2 - Non-Responsive** Group 3 - $ 73,650.00
Agenda Date 01/22/2014 - page 3
BID INFORMATION (Continued) Bidders
Address
Amount of Bid th
*Geneva Worldwide, Inc. 256 West 38 St. New York, NY 10018
Group 1 - $342,810.87 Group 2 - $ 18,642.00 Group 3 - $ 68,828.25
*Language USA, Inc.
440 Louisiana St. Houston, TX 77002
Group 1 - No Bid Group 2 - $ 13,465.20 Group 3 - No Bid
Alt Services, Inc.
3941 Legacy Dr. Plano, TX 75023
Group 1 - No Bid Group 2 - $ 24,458.40 Group 3 - No Bid
Access Language Center
1221 W. Campbell Rd. Richardson, TX 75080
Group 1 - $382,950.00 Group 2 - $ 23,283.00 Group 3 - No Bid
Inlingua Language Services
15400 Knoll Trail Dr. Dallas, TX 75248
Group 1 - Non-Responsive** Group 2 - Non-Responsive** Group 3 - No Bid
Russtech Language, Inc. 1338 Vickers Dr. Tallahassee, FL 32303
Group 1 - No Bid Group 2 - $ 27,522.60 Group 3 - No Bid
**Accento, The Language Company was deemed non-responsive in Group 2 due to not meeting specifications. Inlingua Language Services was deemed non-responsive in Groups 1 and 2 due to not meeting specifications. OWNERS Accento, The Language Company Michael Mahler, President Soledad M. Mahler, Secretary Geneva Worldwide, Inc. Joel Buckstein, President Judy Buckstein, Secretary Burton Sachs, Treasurer
Agenda Date 01/22/2014 - page 4
OWNERS (Continued) Language USA, Inc. Kimberly K. Silverman, President David Silverman, Vice President
Agenda Date 01/22/2014 - page 5
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a three-year service contract for written and verbal translation services and American sign language services - Accento, The Language Company in the amount of $276,068, Geneva Worldwide, Inc. in the amount of $68,828 and Language USA, Inc. in the amount of $13,465, lowest responsible bidders of seven Total not to exceed $358,361 - Financing: Current Funds ($328,361), 2013-14 Community Development Block Grant Funds ($27,000) and Convention and Event Services Current Funds ($3,000) (subject to annual appropriations) Accento, The Language Company is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. Geneva Worldwide, Inc. and Language USA, Inc. are non-local, non-minority firms have signed the "Business Inclusinon & Development" documentation, and propose to use their own workforces. PROJECT CATEGORY: Other Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount
Percent
Total local contracts Total non-local contracts
$276,067.50 $82,293.45
77.04% 22.96%
------------------------
------------------------
TOTAL CONTRACT
$358,360.95
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION
African American Hispanic American Asian American Native American WBE Total
Local
Percent
Local & Non-Local
Percent
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
----------------------
----------------------
----------------------
-----------------------
$0.00
0.00%
$0.00
0.00%
COUNCIL CHAMBER
January 22, 2014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is authorized to execute a service contract with Accento, The Language Company (504178) in the amount of $276,067.50, Geneva Worldwide, Inc. (VS0000080321) in the amount of $68,828.25 and Language USA, Inc. (517994) in the amount of $13,465.20 for written, verbal and American sign language services for a term of three years in a total amount not to exceed $358,360.95, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Accento, The Language Company, Geneva Worldwide, Inc. and Language USA, Inc. shall be based only on the amount of the services directed to be performed by the City and properly performed by Accento, The Language Company, Geneva Worldwide, Inc. and Language USA, Inc. under the contract. Section 2. That the City Controller is authorized to disburse funds in an amount not to exceed $358,360.95 (subject to annual appropriations). Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
KEY FOCUS AREA:
AGENDA ITEM # 4 Efficient, Effective and Economical Government
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
All
DEPARTMENT:
Business Development & Procurement Services Communication and Information Services Equipment & Building Services Sanitation Services
CMO:
Jeanne Chipperfield, 670-7804 Jill A. Jordan, P.E., 670-5299 Forest E. Turner, 670-3390
MAPSCO:
N/A ________________________________________________________________
SUBJECT Authorize Supplemental Agreement No. 3 to increase the service contract with Telogis, Inc. for support of the global positioning system deployed on Sanitation fleet equipment for a four-month term beginning February 1, 2014 through May 31, 2014 - Not to exceed $37,329, from $784,387 to $821,716 - Financing: Current Funds BACKGROUND This Supplemental Agreement will continue to provide service and support for the global positioning system (GPS) deployed in the Sanitation Services equipment fleet. The contract includes monitoring, training and reporting for use in the management of approximately 400 Sanitation field service vehicles. By equipping the entire fleet, Sanitation is able to maximize route efficiency and minimizing the use of overtime hours and fuel. The main function of the system is to provide real time tracking of all Sanitation vehicles. Real time tracking allows for an effective response to unanticipated needs such as missed collections or emergency situations. The GPS system displays on a map the path a vehicle travels which will aid in creating and improving system routes. Reports generated by the system are capable of providing useful information on vehicles such as:
Fuel consumption Extended stops Long idle times Length of time at one location Number of households served Speed of vehicle
BACKGROUND (Continued) The system is also capable of providing alerts for preventative maintenance scheduling by recording odometer readings and engine hours. This Supplemental Agreement will continue the services under this contract until a new solicitation process is completed. PRIOR ACTION / REVIEW (COUNCIL BOARDS, COMMISSIONS) On February 18, 2009, City Council authorized a thirty-six month service contract for the purchase, installation, application hosting service and maintenance of Global Positioning System equipment for route optimization of Sanitation fleet vehicles by Resolution No. 09-0482. On September 25, 2013, City Council authorized Supplemental Agreement No. 2 to increase the service contract for support of the global positioning system deployed on Sanitation fleet equipment by Resolution No. 13-1677. FISCAL INFORMATION $37,328.44 - Current Funds ETHNIC COMPOSITION Telogis, Inc. White Male Black Male Hispanic Male Other Male
127 7 11 15
White Female Black Female Hispanic Female Other Female
60 0 7 6
OWNER Telogis, Inc. Theodore Serentelos, President
Agenda Date 01/22/2014 - page 2
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 3 to increase the service contract with Telogis, Inc. for support of the global positioning system deployed on Sanitation fleet equipment for a four-month term beginning February 1, 2014 through May 31, 2014 - Not to exceed $37,329, from $784,387 to $821,716 - Financing: Current Funds Telogis, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Other Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Local contracts Non-local contracts TOTAL THIS ACTION
Percent
$0.00 $37,328.44
0.00% 100.00%
---------------------------
---------------------------
$37,328.44
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 Amount Percent African American Hispanic American Asian American Native American WBE Total
Participation to Date Amount Percent
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
$0.00 $0.00 $0.00 $0.00 $16,475.00
0.00% 0.00% 0.00% 0.00% 2.00%
-----------------------
----------------------
---------------------------
---------------------------
$0.00
0.00%
$16,475.00
2.00%
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on February 18, 2009, City Council authorized a thirty-six month service contract for the purchase, installation, application hosting service and maintenance of Global Positioning System equipment for route optimization of Sanitation fleet vehicles by Resolution No. 09-0482; and, WHEREAS, on September 25, 2013, City Council authorized Supplemental Agreement No. 2 to increase the service contract for support of the global positioning system deployed on Sanitation fleet equipment by Resolution No. 13-1677; 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 execute Supplemental Agreement No. 3 to increase the service contract with Telogis, Inc. (VS0000056334) for support of the global positioning system deployed on Sanitation fleet equipment for a four-month term and to extend the term through May 31, 2014 in an amount not to exceed $37,328.44, increasing the service contract amount from $784,386.96 to $821,715.40. Section 2. That the City Controller is authorized to disburse funds from the following appropriation in an amount not to exceed $37,328.44: FUND 0001
DEPT SAN
UNIT 3581
OBJECT 3072
AMOUNT $37,328.44
FY 2014
ENCUMBRANCE CTSAN0114
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 # 5 Efficient, Effective and Economical Government
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
N/A
DEPARTMENT:
City Attorney's Office
CMO:
Warren M.S. Ernst, 670-3491
MAPSCO:
N/A ________________________________________________________________
SUBJECT Authorize payment of annual software maintenance in support of the CityLaw Law Office Management System, a performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2013 through October 31, 2014 - Not to exceed $57,635 - Financing: Current Funds (subject to annual appropriations) BACKGROUND The CityLaw Law Office Management System is the information management software used by the City Attorney's Office. The system does the following activities:
Stores pleadings, emails, contracts, letters, memos, ordinances, resolutions, and other documents for cases and assignments. Tracks lawsuits and claims from filing to disposition. Records basic case information including case status, parties, witnesses, financial information and opposing attorneys. Produces case calendars, dockets, case logs, and master staff calendars. Captures and tracks costs for outside counsel, experts, departmental staff, general expenses, settlements, and awards. Identifies and locates files, documents, and attorney work product. Generates reports regarding lawsuits, claims, assignments, workloads, timekeeping and expenditures.
This item will authorize maintenance and support of the CityLaw system, including periodic software upgrades and remote assistance upon payment of an annual fee.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized an agreement to purchase software licenses, training and professional support services for a performance-based tracking system from Cycom Data Systems, Inc., through the Texas Building and Procurement Commission for the Catalog Information Systems Vendor cooperative purchasing program on September 27, 2006, by Resolution No. 06-2588. Authorized annual software maintenance in support of the CityLaw performance-based tracking system from Cycom Data Systems, Inc. for the period November 1, 2007 through October 31, 2008 on January 9, 2008, by Resolution No. 08-0131. Authorized Supplemental Agreement No. 1 to the CityLaw Law Office Management System purchase and maintenance agreement, for additional maintenance and support for the period beginning May 1, 2009 through October 31, 2010 on August 12, 2009, by Resolution No. 09-1893. Authorized payment of annual software maintenance in support of the CityLaw performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2010 through October 31, 2011 on December 8, 2010, by Resolution No. 10-2990. Authorized payment of annual software maintenance in support of the CityLaw performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2011 through October 31, 2012 on October 10, 2011, by Resolution No. 11-2717. FISCAL INFORMATION $57,635.00 - Current Funds (subject to annual appropriations) M/WBE INFORMATION See attached.
Agenda Date 01/22/2014 - page 2
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize payment of annual software maintenance in support of the CityLaw Law Office Management System, a performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2013 through October 31, 2014 - Not to exceed $57,635 - Financing: Current Funds (subject to annual appropriations) Cycom Data Systems, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Professional Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount
Percent
Total local contracts Total non-local contracts
$0.00 $57,635.00
0.00% 100.00%
------------------------
------------------------
TOTAL CONTRACT
$57,635.00
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION
African American Hispanic American Asian American Native American WBE Total
Local
Percent
Local & Non-Local
Percent
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
----------------------
----------------------
----------------------
-----------------------
$0.00
0.00%
$0.00
0.00%
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on September 27, 2006, pursuant to Resolution No. 06-2588, the City Council authorized the purchase of software licenses, training and professional support services for the CityLaw Law Office Management system and performance-based tracking system for municipal law offices from Cycom Data Systems, Inc. through the Texas Building and Procurement Commission for the Catalog Information Systems Vendor cooperative purchasing program in an amount not to exceed $259,800.00; and, WHEREAS, on January 9, 2008, pursuant to Resolution No. 08-0131, the City Council authorized payment of the annual maintenance and support fee for the CityLaw system to Cycom Data Systems, Inc., for services for the period November 1, 2007 through October 31, 2008, in an amount not to exceed $45,468.00 increasing the amount of the agreement from $259,800.00 to $305,268.00; and, WHEREAS, on February 12, 2009, pursuant to Administrative Action No. 09-0369, the City authorized funding for the maintenance and support of the CityLaw system, in an amount not to exceed $23,467.50 for services for a six-month period beginning November 1, 2008 through April 30, 2009 increasing the amount of the agreement, as supplemented, from $305,268.00 to $328,735.50; and, WHEREAS, on August 12, 2009, pursuant to Resolution No. 09-1893, the City Council authorized Supplemental Agreement No. 1 to the CityLaw Law Office Management System purchase and maintenance agreement with Cycom Data System, Inc., in an amount not to exceed $72,748.50, which authorized maintenance and support of the CityLaw system for the period May 1, 2009 to October 31, 2010, increasing the amount of the agreement, as supplemented, from $328,735.50 to $401,484.00; and, WHEREAS, on December 8, 2010, pursuant to Resolution No. 10-2990, the City Council authorized payment of annual software maintenance in support of the CityLaw performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2010 through October 31, 2011, in an amount not to exceed $51,745.00, increasing the amount of the agreement from $401,484.00 to $453,229.00; and, WHEREAS, on October 10, 2011, pursuant to Resolution No. 11-2717, the City Council authorized payment of annual software maintenance in support of the CityLaw performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2011 through October 31, 2012, in an amount not to exceed $54,329.00, increasing the amount of the agreement from $453,229.00 to $507,558.00; and, WHEREAS, on December 7, 2012, pursuant to Administrative Action No. 12-2926, the City authorized payment of annual software maintenance in support of the CityLaw performance-based tracking system from Cycom Data Systems, Inc., for the period November 1, 2012 through October 31, 2013, in an amount not to exceed $50,000.00, increasing the amount of the agreement from $507,558.00 to $557,558.00; and,
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the purchase and maintenance agreement provides that Cycom Data Systems, Inc., will provide maintenance and support of the CityLaw system, including periodic software upgrades and remote assistance and support, upon payment of an annual fee by the City; and, WHEREAS, additional maintenance and support of the CityLaw system is necessary for the City Attorney's Office to receive the benefits of the system; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Controller is authorized to disburse, in periodic payments to Cycom Data Systems, Inc., an amount not to exceed $57,635.00 pursuant to the existing contract authorized by Resolution No. 06-2588, as amended, from Fund 0001, Department ATT, Unit 1307, Obj. 3070, Encumbrance No. ATT130713J328, Vendor No. VS0000011684, (subject to annual appropriations). 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.
AGENDA ITEM # 6 KEY FOCUS AREA:
Public Safety
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
N/A
DEPARTMENT:
City Attorney's Office Police
CMO:
Warren M.S. Ernst, 670-3491 Ryan S. Evans, 671-9837
MAPSCO:
N/A ________________________________________________________________
SUBJECT An ordinance amending Chapter 28 of the Dallas City Code to: (1) define terms; (2) regulate certain conduct intended to distract motorists traveling on designated highways; (3) provide defenses; and (4) provide for enforcement - Financing: No cost consideration to the City BACKGROUND Individuals who participate in public demonstrations have sued the City twice in 2013 to challenge the existing Section 28-158.1 of the Dallas City Code, which currently prohibits the carrying of signs intended to distract motorists within 75 feet of certain designated highways in the City. One suit remains pending in federal court. The Dallas Police Department, which frequently monitors demonstrations to protect the public’s safety, has expressed concern that demonstrations near the designated highways pose serious safety hazards to motorists, the demonstrators, as well as the responding officers. The Dallas Police Department believes current local and state laws inadequately address these safety concerns. The proposed amendments to Section 28-158.1 would regulate conduct intended to distract motorists near designated highways to minimize potential safety hazards, while balancing the public’s interest in free speech activity. Rather than prohibit the carrying of signs that distract motorists within 75 feet of the designated highways, the proposed amendment would prohibit all conduct intended to distract motorists by individuals standing within the lateral curb lines of the highways, including adjoining service or frontage roads, as well as on bridges or overpasses over the highways.
BACKGROUND (Continued) Similar defenses are provided, such as when an individual is summoning emergency assistance. Additional defenses are added, including conduct warning motorists of immediate danger, or conduct not visible from the main travel lanes of the highways. Additional provisions provide procedures for code and law enforcement personnel to enforce this section by first giving a warning to a violator specifying the conduct that is distracting and asking the violator to cease the conduct before issuing a citation or making an arrest. A violation of the proposed ordinance would be punishable by a fine of up to $500. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed to the City Council on November 6, 2013. Briefed to the Transportation and Trinity River Project Committee on November 18, 2013. This item is scheduled to be briefed to the City Council on January 15, 2014. FISCAL INFORMATION No cost consideration to the City.
Agenda Date 01/22/2014 - page 2
1/7/14
ORDINANCE NO.
An ordinance amending Section 28-158.1 of CHAPTER 28, “MOTOR VEHICLES AND TRAFFIC,� of the Dallas City Code, as amended; defining terms; prohibiting persons from distracting motorists on designated highways, with certain defenses; providing a penalty not to exceed $500; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, motorists on the highways designated in this ordinance travel at higher speeds than on any other roadway within the city and, therefore, have a shorter amount of time to react to unexpected distractions or hazards; and WHEREAS, the presence of individuals carrying signs, wearing costumes, or engaging in other activities intended to draw attention to their signs or themselves on, over, or near those highways poses a greater distraction to motorists than free-standing or mounted signs placed near those highways; and WHEREAS, individuals standing or walking on or over those designated highways and the associated medians, service roads, and other areas of the roadway not intended for pedestrian travel pose a greater distraction or safety hazard than individuals standing or walking along public sidewalks intended for pedestrian travel; and WHEREAS, individuals standing or walking on the sidewalks of bridges and overpasses over those designated highways pose an increased safety hazard to motorists traveling on those highways when the individuals are engaged in conduct intended to distract the motorists'
1
attention or are using those sidewalks for purposes other than pedestrian travel from one side to the other; and WHEREAS, law enforcement personnel are regularly placed in danger when responding to conduct that distracts motorists on those designated highways as they try to protect the motorists, the individuals engaged in the conduct, and the general public; and WHEREAS, conduct by individuals, whether for advertisement or demonstration purposes, that is directed at motorists on the highways designated in this ordinance is a serious safety hazard that endangers the traveling public, the individuals engaged in the conduct, and law enforcement personnel responding to the conduct; and WHEREAS, it is necessary and in the city's governmental interest to regulate such conduct in order to further and protect the public health, safety, and welfare while, at the same time, balancing the public’s right to free speech; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Section 28-158.1, “Prohibiting the Carrying of Signs on, over, or near Freeways,” of Article XIV, “Freeway Regulations,” of CHAPTER 28, “MOTOR VEHICLES AND TRAFFIC,” of the Dallas City Code, as amended, is amended to read as follows: "SEC. 28-158.1.
(a)
PROHIBITING THE DISTRACTION OF MOTORISTS ON DESIGNATED HIGHWAYS [CARRYING OF SIGNS ON, OVER, OR NEAR FREEWAYS].
In this section: [,] (1)
DESIGNATED HIGHWAY means any portion of the following highways
in the city: (A)
Central Expressway.
(B)
C. F. Hawn Freeway.
2
(2)
(C)
Dallas North Tollway.
(D)
Interstate Highway 20.
(E)
Interstate Highway 30.
(F)
John W. Carpenter Freeway.
(G)
Julius Schepps Freeway.
(H)
Lyndon B. Johnson Freeway.
(I)
Marvin D. Love Freeway.
(J)
President George Bush Turnpike.
(K)
R. L. Thornton Freeway.
(L)
Spur 408.
(M)
Stemmons Freeway.
(N)
U.S. Highway 80.
(O)
Walton Walker Boulevard.
(P)
Woodall Rodgers Freeway.
PROHIBITED AREA means:
(A) that portion of a designated highway between the outer curb lines or lateral lines of the roadway, including but not limited to: (i)
a service road; and
(ii) a median, divider, shoulder, berm, or strip of land (whether improved or unimproved) that is not intended for pedestrian travel; and (B)
any overpass, viaduct, or bridge over a designated highway.
(3) SIGN means any display, painting, drawing, banner, placard, device, flag, light, figure, picture, letter, word, message, symbol, plaque, poster, or other thing that is designed, used, or intended to advertise or inform.
3
(b) A person commits an offense if, while within the prohibited area of a designated highway, the person engages in conduct that is intended to distract the attention of motorists in a main travel lane of the highway, including but not limited to: (1) by carrying, holding, waving, displaying, or otherwise drawing attention to [he carries or otherwise displays] a sign; or (2) by wearing any costume, clothing, attire, or accessory intended to attract or seek the attention of the public. [on, over, or within 75 feet of the roadway of any of the following streets or highways in a manner intended to attract the attention of vehicle occupants on those streets or highways: STREET
EXTENT
Central Expressway
Live Oak Street, north to the city limits, and Park Row to Overton Road
Central Expressway (Elevated Bypass)
Central Expressway (north) at approximately Woodall Rodgers Freeway to Central Expressway (south) at approximately Grand Avenue
C. F. Hawn Freeway
All portions within the city
Interstate Highway 20
All portions within the city
Interstate Highway 30
All portions within the city
John W. Carpenter Freeway
All portions within the city
Julius Schepps Freeway
All portions within the city
Lyndon B. Johnson Freeway
All portions within the city
Marvin D. Love Freeway
All portions within the city
R. L. Thornton Freeway
All portions within the city
Spur 408
All portions within the city
Stemmons Freeway
All portions within the city
Walton Walker Boulevard
Stemmons Freeway to Irving, Texas, city limits
Woodall Rodgers Freeway
All portions within the city]
4
(c) A person commits an offense if the person knowingly causes or permits conduct prohibited in Subsection (b) to be performed for his or her benefit by another person. (d)
It is a defense to prosecution under Subsections (b) and (c) that [the sign was]:
(1) the conduct was not visible to motorists in a main travel lane of the designated highway; (2) the conduct was intended to summon police, fire, medical, or other emergency assistance or warn motorists of an immediate emergency, hazard, or danger; (3) the conduct was being performed by a law enforcement officer or an employee or agent of a governmental entity in the performance of official duties; (4) [(2)] the sign used in the conduct was attached to a vehicle travelling on the designated [street or] highway; or (5) [(3)] the sign used in the conduct was a directional, warning, or other official sign authorized by city, state, or federal law[; or (4)
a non-governmental sign authorized by city, state, or federal law].
(e) Before taking any enforcement action under this section, a police officer or code enforcement officer shall ask the apparent offender's reason for engaging in conduct that distracts the attention of motorists that are in a main travel lane of a designated highway. The police officer or code enforcement officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (d) is present. Before issuing a citation or making an arrest, the police officer or code enforcement officer shall give the person an oral or written warning that: (1)
requests the person to, within one minute after issuance of the warning:
(A) cease all conduct distracting the attention of motorists that are in a main travel lane of a designated highway; and (B) completely remove from the prohibited area of the designated highway all signs being used as part of the distracting conduct; and (2) states that failure to comply with the warning may result in the citation or arrest of the person and the removal by the city of any sign used to distract motorists. (f) If a sign is not removed in compliance with a warning issued by a police officer or code enforcement officer under Subsection (e), the city may remove the sign and store it at a secure location. If the sign is not claimed within 60 days after removal, it will be deemed
5
unclaimed or abandoned, and the city may sell, recycle, convert, or dispose of the sign in accordance with city ordinances and policies and any applicable state or federal laws." SECTION 2. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $500. SECTION 3. That CHAPTER 28 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. SECTION 4. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. SECTION 5. That this ordinance will take effect on January 27, 2014, and it is accordingly so ordained.
APPROVED AS TO FORM: WARREN M. S. ERNST, City Attorney
By Assistant City Attorney Passed LC/DCC/00560A
6
AGENDA ITEM # 7 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
8
DEPARTMENT:
Office of Economic Development Public Works Department Water Utilities
CMO:
Ryan S. Evans, 671-9837 Jill A. Jordan, P.E., 670-5299 Forest E. Turner, 670-3390
MAPSCO:
73 G L M ________________________________________________________________
SUBJECT Authorize (1) an increase in the contract with Ed Bell Construction Company from $1,787,275 to $1,922,275 to expedite the construction of thoroughfare and water main improvements for Danieldale Road from Hampton Road to Old Hickory Trail and Old Hickory Trail from Danieldale Road to 500 feet south of Stoneview Drive in the amount of $135,000; (2) a change to the construction schedule from July 15, 2014 to April 15, 2014; and (3) the receipt and deposit of funds from US Real Estate, Limited Partnership in the amount of $135,000 in the Capital Project Reimbursement Fund; and (4) an increase in appropriations in the Capital Projects Reimbursement Fund in an amount not to exceed $135,000 - Not to exceed $135,000 - Financing: Capital Projects Reimbursement Funds BACKGROUND On June 26, 2013, City Council authorized a contract with Ed Bell Construction Company for the construction of thoroughfare improvements on Danieldale Road from Hampton Road to Old Hickory Trail and Old Hickory Trail from Danieldale Road to 500 feet south of Stoneview Drive. The contract was assigned to US Real Estate, Limited Partnership for construction administration in order to coordinate development with a new business park adjacent to the project site. Road improvements include the reconstruction of 1,700 linear feet of the existing 26-feet wide asphalt pavement on Danieldale Road. It also includes two new reinforced concrete travel lanes on Old Hickory Trail to complete a 4-lane undivided section with sidewalks on both sides. Additionally, this project includes the installation of new water and wastewater mains, storm sewers and sidewalks.
BACKGROUND (Continued) On June 13, 2012, City Council authorized a Development Agreement with US Real Estate, Limited Partnership to provide funding for the construction of public infrastructure improvements to support the development of a multi-building commercial/industrial business park at the northwest quadrant of Danieldale Road and Old Hickory. As construction administrator, US Real Estate has requested an expedited construction schedule and has provided the $135,000 in additional funding to accommodate the accelerated schedule. The accelerated schedule will help accommodate the development of the industrial park. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Began Construction Complete Construction
August 2012 March 2013 August 2013 April 15, 2014
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a Development Agreement with US Real Estate, Limited Partnership on June 13, 2012, by Resolution No. 12-1566. Authorized a Contract with Ed Bell Construction Company on June 26, 2013, by Resolution No. 13-1146. FISCAL INFORMATION Capital Projects Reimbursement Funds - $135,000 Design Construction Paving & Drainage - PBW Water & Wastewater - ECO Private Funds Change Order No. 1 (this action) Total
$ 200,000 $ 626,145 $ 383,908 $ 777,223 $ 135,000 $2,122,275
Agenda Date 01/22/2014 - page 2
ETHNIC COMPOSITION Ed Bell Construction Company Hispanic Female African-American Female Other Female White Female
0 0 0 0
Hispanic Male African-American Male Other Male White Male
194 0 1 21
OWNER Ed Bell Construction Company Steven Priddy, President MAP Attached.
Agenda Date 01/22/2014 - page 3
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize (1) an increase in the contract with Ed Bell Construction Company from $1,787,275 to $1,922,275 to expedite the construction of thoroughfare and water main improvements for Danieldale Road from Hampton Road to Old Hickory Trail and Old Hickory Trail from Danieldale Road to 500 feet south of Stoneview Drive in the amount of $135,000; (2) a change to the construction schedule from July 15, 2014 to April 15, 2014; and (3) the receipt and deposit of funds from US Real Estate, Limited Partnership in the amount of $135,000 in the Capital Project Reimbursement Fund; and (4) an increase in appropriations in the Capital Projects Reimbursement Fund in an amount not to exceed $135,000 - Not to exceed $135,000 - Financing: Capital Projects Reimbursement Funds Ed Bell Construction Company 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
Percent
Local contracts Non-local contracts
$135,000.00 $0.00
100.00% 0.00%
---------------------------
---------------------------
TOTAL THIS ACTION
$135,000.00
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 Amount Percent African American Hispanic American Asian American Native American WBE Total
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
-----------------------
$0.00
Participation to Date Amount Percent $16,950.00 $89,840.15 $0.00 $0.00 $342,399.33
0.88% 4.67% 0.00% 0.00% 17.81%
----------------------
---------------------------
---------------------------
0.00%
$449,189.48
23.37%
DANIELDALE RD FRO~I HAl\tlPTON RD TO OLD HICKORY TRL A.t~D DANIELDALE RD TO 500FT SOUTH OF STONEVIE\V DR 21
Z4 21
74E
73F
DALL
[MAPSCO 73 G, L & M)
Dbclainer. Tl'is product 8 f<r lnlcmllllonal pirposes ard may not have been p111pered for <r be suilable for leglll, englneert~ . or sunreyl~ PW!>OS8S. It does not represent
an on-Oie-gtourd survey and R!pf8Serts only the &l'Jlfll>Clmale relllllve IDClllion of propeity bourdarlos.
I
l,.....----. US Real Estate LP 9201 Old Hickory Trail Dallas, TX 75237 Texas Enterprise Zone Block Group 0166.052
City of DeSot o
r-
\
r-<.. 1
A-
\
j
l •iilc:::::1••••M11es
0
0.1
0.2
0.4
Legend
c:::J Site -
Enterprise Zone
-
Freeway
-
Highway
Local Road
CJ City of Dallas
--Arterial Source: Enterprise Zone Designations • Texas Office of the Governor; 2012; Al Other Cate - Clly of Dallas, 2012
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on June 13, 2012, Resolution No. 12-1566 authorized a Development Agreement with US Real Estate, Limited Partnership to provide funding for the construction of public infrastructure improvements to support the development of a multi-building commercial/industrial space at the northwest quadrant of Danieldale Road and Old Hickory Trail; and WHEREAS, on June 26, 2013, Resolution No. 13-1146 authorized to execute a contract with Ed Bell Construction Company for the construction of thoroughfare and water main improvements for Danieldale Road from Hampton Road to Old Hickory Trail and Old Hickory Trail from Danieldale Road to 500 feet south of Stoneview Drive in an amount not to exceed $1,787,275, this being the lowest responsive bid received as indicated by the tabulation of bids; and assignment of the contract to US Real Estate, Limited Partnership or Seefried Development Management, Inc., as its third party designee for construction administration; and WHEREAS, US Real Estate in its capacity as construction administrator has found it now necessary to authorize an increase to the contract with Ed Bell Construction Company to expedite the construction of thoroughfare and water main improvements for Danieldale Road from Hampton Road to Old Hickory Trail and Old Hickory Trail from Danieldale Road to 500 feet south of Stoneview Drive in an amount not to exceed $135,000, increasing the contract from $1,787,275 to $1,922,275. 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. 1 to the contract with Ed Bell Construction Company to expedite construction of thoroughfare and water main improvements for Danieldale Road from Hampton Road to Old Hickory Trail and Old Hickory Trail from Danieldale Road to 500 feet south of Stoneview Drive in an amount not to exceed $135,000, increasing the contract from $1,787,275 to $1,922,275, and changing the construction schedule from July 15, 2014 to April 15, 2014, after it has been approved as to form by the City Attorney. Section 2. That the City Controller is hereby authorized to receive and deposit funds from US Real Estate, Limited Partnership, in the amount of $135,000 in the Capital Projects Reimbursement Fund 0556, Department PBW, Unit P757, Revenue Source 8492. Section 3. That the City Manager is hereby authorized to increase appropriations in the Capital Projects Reimbursement Fund 0556, Department PBW, Unit P757, Object 4510, in the amount of $135,000.
COUNCIL CHAMBER
January 22, 2014 Section 4. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Capital Projects Reimbursement Fund Fund 0556, Department PBW, Unit P757, Activity. THRF, Object Code 4510, Program No. PB06P757, CT PBW06P757I1, Vendor No. 083863, in an amount not to exceed $135,000. Section 5. That the City Controller is hereby authorized to refund any unused advanced funds from US Real Estate, Limited Partnership, from Fund 0556, Unit P757, Department PBW, Object Code 4510. 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.
AGENDA ITEM # 8 KEY FOCUS AREA:
Clean, Healthy Environment
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
All
DEPARTMENT:
Housing/Community Services
CMO:
Theresa O’Donnell, 671-9195
MAPSCO:
N/A ________________________________________________________________
SUBJECT Authorize an amendment to the Home Repair Program Statement to: (1) establish the Emergency Repair Program; and (2) modify the affordability and repayment terms for Reconstruction Program loans - Not to exceed $290,000 – Financing: Current Funds BACKGROUND The City of Dallas desires to preserve the supply of safe, decent, and affordable homes for ownership and occupancy of low-to-moderate income households for families with incomes 80% or less, based on number of persons in household, as defined by the Department of Housing and Urban Development’s annual income figures. The City of Dallas also desires to provide a program that assist the needs of homeowners who are 60 years of age and/or disabled; to improve quality of life both indoors and out; conserve energy and water usage, minimize waste of materials in landfills, preserve natural resources, reduce storm water impacts on the environment, and enhance human health. On November 12, 2007, the City Council authorized the Program Statement for the Major Systems Repair and the Reconstruction/SHARE Program. EMERGENCY REPAIR PROGRAM: This action will authorize the City of Dallas’ Home Repair Program to establish the Emergency Repair Program to respond to living situations which call for immediate action to protect the health or safety of the occupants and the possible spread of threatening conditions to the neighborhood. On September 18, 2013, Council approved $290,000 in appropriations using Dallas Operating, Grants and Trusts, and Capital Budgets for the program. The recommended repairs are sewer lines, gas lines, water lines/ and or water damage, water heaters, roof, electrical systems, air conditioning and heaters (seasonal), windows, ADA renovations, ramps, toilets, grab bars, and other vital accessibility needs, and other similar types of repairs. The Emergency Repair Program would provide up to $7,500 as a grant for the defined emergencies.
BACKGROUND (continued) The City of Dallas’ Housing/Community Services and the Community Council of Greater Dallas will collaborate for referrals for emergency assistance to clients that are being served through case management. RECONSTRUCTION PROGRAM: The modifications to the Reconstruction/SHARE Program Statement would address the challenges with indefinite loan terms, the useful life of the property and deed restrictions, the cost associated with compliance reviews over the life of the property, mediating between heirs for assumption of the asset and the loan, issuance of default and possible foreclosure, vacant and deteriorating property and complicated payoff calculations and challenges to appraised values. This action will also (1) Provide assistance as a twenty-year forgivable loan; (2) Allow income eligible heirs to assume the loan upon the homeowner’s death; (3) Allow heirs who are not income eligible to begin making payments on the unamortized balance or pay off the balance; (4) Clarify that the pay off amount or the amount owed and due on the note to Lender shall be the lesser of (a) the original Principal Amount of the note as may be amended less any amount forgiven for years that the borrower complied with this Program Statement or (b) seventy-five percent (75%) of the market value of the land and improvements as determined by a state-certified residential appraiser who prepares an independent appraisal of the land and improvements at the expense of Borrower or Borrower’s legal representative; (5) Allow the heir to deed the property back to the City in lieu of payment of the loan as described in items (2) or (3) above, or in lieu of foreclosure and; (6) Allow the City Manager, or a designee, to review portfolio loans for appropriate affordability compliance and release those loans that have met those compliance requirements. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 25, 2011, the City Council authorized an amendment to the Program Statement for the Reconstruction/SHARE Program by Resolution No. 11-1349. On June 22, 2011, the City Council authorized the adoption of the final FY 2011-12 Consolidated Plan Budget for U.S. Department of Housing and Urban Development Grant Funds by Resolution No. 11-1679. On June 27, 2012, City Council authorized the adoption of 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 June 26, 2013, the City Council adopted the final FY2013-14 Consolidated Plan Budget and final FY 2012-13 Reprogramming Budget by Resolution No. 13-1142.
Agenda Date 01/22/2014 - page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (continued) On September 18, 2013, the City Council adopted the appropriation ordinances for the proposed FY 2013-14 City of Dallas Operating, Grants and Trusts, and Capital Budgets by Resolution No. 13-1646. On November 4, 2013, the Housing Committee was briefed on updates on the Home Repair Programs, suggested guidelines for the Emergency Repair Program and proposed amendments to the Home Repair Reconstruction Program. FISCAL INFORMATION Current Funds - $290,000
Agenda Date 01/22/2014 - page 3
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on May 25, 2011, the City Council authorized an amendment to the Program Statement for the Reconstruction/SHARE Program by Resolution No. 11-1349; and WHEREAS, on September 18, 2013, the City Council adopted the appropriation ordinances for the proposed FY 2013-14 City of Dallas Operating, Grants and Trusts, and Capital Budgets by Resolution No. 13-1646; and
WHEREAS, the City now desires to authorize the Home Repair Program to establish the Emergency Repair Program for assistance defined as emergencies attached as Exhibit C; and WHEREAS, the City now desires to adopt these revisions to the Home Repair Program Statement for Reconstruction/SHARE Program attached as Exhibit B; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is authorized to amend the Home Repair Program Statement to (1) establish the Emergency Repair Program; and (2) modify the affordability and repayment terms for Reconstruction Program loans. SECTION 2. That the City Controller is hereby authorized to disburse funds from Fund 0001, Dept. HOU, Unit 4294, Object Code 3099, in the amount not to exceed $290,000. SECTION 3. That the City Manager is authorized to execute such instruments, upon approval as to form by the City Attorneyâ&#x20AC;&#x2122;s office, as may be necessary to carry out the program in accordance with the Home Repair Program Statement. 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.
Exhibit A MAJOR SYSTEMS REPAIR PROGRAM (MSRP) PROGRAM STATEMENT
Program Purpose: To provide 1) repairs and /or replacement of major systems in the homes of seniors and/or disabled residents of the City of Dallas; 2) repairs to major systems that have been determined to be an immediate threat to the life, health, or safety of the resident(s); 3) “interim controls” of lead based paint when applicable, and 4) reconstruction of single-family homes on the homeowner’s lot subject to City Council approval. “Systems” available for repair or replacement are electric, gas, water, wastewater, HVAC and roof. To provide a interest free self-amortizing forgivable loan with a five (5) year lien term for a maximum of $17,500 for basic systems repairs or replacements to qualified applicants who reside in single-family, owner-occupied structures and to provide replacement of a system that occurs during the loan term of any City Home Repair Program that was NOT previously worked on and where life, health, or safety hazards exist to the resident(s). Assistance Type One: Repair or replacement of major systems not to exceed a maximum of $17,500 will be provided to qualified applicants. “Systems” available for repair or replacement are electric, gas, water, wastewater, HVAC and roof; to allow further eligibility for homeowners who received prior assistance provided that ten (10) years have passed since the first assistance and the new assistance is not for the same repair type. Assistance Type Two: Repair or replacement of a system that occurs during the loan term of any City Home Repair Program that was NOT previously worked on and where life, health, or safety hazards exist to the resident(s) will be provided to qualified applicants. Assistance provided for the repair or replacement of a system is limited to one (1) occurrence and applicant must meet all Level I household eligibility for ownership and income, and Level II property eligibility will not be applicable. Additional costs to repair or replace a system under Assistance Type Two will be provided as a grant up to $7,500.
EXHIBIT A (continued) MAJOR SYSTEMS REPAIR PROGRAM (MSRP) PROGRAM STATEMENT
A two-level application review will be conducted and both levels, household eligibility and property eligibility, must be approved to qualify applicant for Assistance Type One and Assistance Type Two. Level I review requires applicants to provide necessary proof to document the following:
Identity Citizenship or legal residency Current property taxes Ownership and occupancy of property for a minimum of two (2) consecutive years, unless safety and/or health conditions have forced applicant to evacuate within past 24 months of application Income 80% or less, based on number of persons in household, as defined by the Department of Housing and Urban Development’s annual income figures Property insurance Property contains no more than one active, current lien and may have no forced liens or judgment against the property
Level II property eligibility, requires the following conditions to be met: The scope of system repair or replacement work needed on a property will no longer be limited to two (2) systems The cost estimate of the systems repair or replacement cannot exceed $17,500 Planning and development review to meet city and federal guidelines Environmental reviews to meet city and federal funding guidelines
Conditions that eliminate an applicant from receiving assistance: Household eligibility criteria and/or inspection eligibility not approved Repairs that exceed $17,500 Repair costs exceeding 50% of the appraised Dallas County Appraisal District value of a property that lies within a 100-year floodplain Property that lies within a designated Airport Runway Clear Zone New assistance for the same repair type previously assisted
EXHIBIT A (continued) MAJOR SYSTEMS REPAIR PROGRAM (MSRP) PROGRAM STATEMENT
Loan Terms Interest free loans will be secured by a promissory note and deed of trust with a five (5) year lien The note and lien shall be released after five (5) years if the borrower occupies the property continuously for five (5) years or upon repayment of the note Loan payments are self-amortized over the loan term and forgiven monthly at the rate of 1/60 of the loan amount if the borrower occupies the property continuously for the entire five (5) year loan term Should property change ownership or occupancy during the loan term, the loan becomes due and payable for the amount equal to the balance of the unamortized loan unless a loan assumption is under consideration. Loan assumptions will be reviewed on a case by case basis. Loan assumptions applicants must meet all Level I household eligibility except ownership and occupancy requirements. Refinancing of existing loans with cash to homeowners will not be permitted Contract Certification A list of certified Major Systems Repair Program contractors will be made available to applicants. The applicant must either select a contractor from the list or recommend a contractor of their choosing for certification by the Housing Department that meets the certification requirements for the Home Repair, SHARE, and Replacement programs. Insurance Claim Checks: The City Manager or his/her designee is authorized to endorse and approve insurance claim checks to homeowners where the City of Dallas is listed as a lien-holder, and/or named on the insurance check. Lead-Based Paint In conjunction with the system(s) repair or replacement, if lead-based paint interim controls are required in accordance with the Department of Housing and Urban Development (HUD) regulations, the cost of said lead-based paint controls may be included in the $17,500 initial scope of work. Program Administration The City Manager, or his/her designee, is authorized to establish guidelines and procedures to administer this program in accordance with the Program Statement and applicable Federal and local regulations.
Exhibit B RECONSTRUCTION / SHARE PROGRAM PROGRAM STATEMENT
All eligible applicants approved for the program must be able to obtain title insurance, agree to voluntarily relocate elsewhere at their own expense during reconstruction, and provide proof of homeowners’ insurance for the reconstructed home prior to occupancy. Loan Terms: Assistance Type One and Assistance Type Two: Deferred loans will be secured by a promissory note, and deed of trust The term of the loan will be 0% interest over 20 years, forgivable annually The interest free note is due and payable upon the death of Borrower or transfer of the property.; provided, however, the amount owed and due on the note to Lender on date of death of Borrower or transfer of the property shall be the lesser of (a) the original Principal Amount of the note as may be amended or (b) seventy-five percent (75%) of the market value of the land and improvements as determined by the Dallas Central Appraisal District for the property for the year immediately prior to the proposed sale or transfer of property.” Transfer of Property” shall be deemed to include, but not be limited to, the conveyance of the property or any interest therein, (except oil, gas or mineral interests), such as the granting of a leasehold interest or a life estate in the property, or the quitclaim of the property; or any reverse mortgage on the property.
Lender, in its sole discretion, may consent to a one time transfer and assumption of the note allow income eligible heirs to assume the loan upon the homeowner’s death. If heir is not income eligible, Lender may allow the heir to (1) assume payments on the unforgiven balance, (2) Pay off the lesser of the unamortized balance or 75% of the market value of the land and improvement, or (3) Deed the property to the City in lieu of options (1) or (2).upon the death of Borrower by an eligible heir of the Borrower. To be considered “income eligible,” an heir of Borrower must satisfy all the following conditions: (a) the heir has full title to said property and will occupy the property as the heir’s principal residence, (b) the heir is at least 62 years of age or disabled or meet the income guidelines as defined in the program statement as hereby amended; (c) the heir’ s household income as adjusted for family size is 80% or less of the area median family income for Dallas as determined by the U.S. Department of Housing and Urban Development, or its successor, and (d) the heir executes loan assumption documents in form acceptable to Lender. Upon the heir’s death or upon the transfer of the property by heir, the amount owed and due on the note to the Lender shall be the lesser of (a) the original Principal Amount of the note as may be amended or (b) seventy-five percent (75%) of the market value of
EXHIBIT B (continued) RECONSTRUCTION / SHARE PROGRAM PROGRAM STATEMENT
the land and improvements as determined by the Dallas Central Appraisal District for the year immediately prior to the a state-certified residential real estate appraiser upon heir's death or the transfer of the title to the property, or Lender may allow the heirs to deed the property back to the City in lieu of foreclosure for preservation and further use in accordance with affordable housing goals. If the Dallas Central Appraisal District is no longer in existence at the time of Borrower’s or heir’s death or transfer of the property, t The “market value of the land and improvements” may must be determined by an independent state-certified residential real estate appraiser approved by the City Manager and whereby said appraiser shall prepare an independent fee appraisal of the land and improvements and purchased at the expense of Borrower or Borrower’s legal representative. Allow the City Manager, or a designee, to review portfolio loans for appropriate affordability compliance and release those loans that have met those compliance requirements Refinancing and loan subordinations are not permitted Lender will not subordinate this loan
Program Administration The City Manager, or his/her designee, is authorized to establish guidelines and procedures to administer this Program in accordance with this Program Statement and applicable Federal and local regulations.
EXHIBIT C EMERGENCY REPAIR PROGRAM PROGRAM STATEMENT
Program Purpose: To provide emergency assistance to qualified low-income disabled and elderly homeowners within the city limits of Dallas and provide replacements or repairs that have been determined to need immediate action to protect the health or safety of the occupants and pose a threat to the life, health, or safety of the resident(s) and possible spread of threatening conditions to the neighborhood.
Eligible Repairs Sewer lines Gas lines Water lines and/ or water damage Roof Electrical systems Air conditioning & heaters (seasonal) ADA renovations-ramps, toilets, grab bars and other vital accessibility needs
Client Eligibility Assistance Type The assistance for repair or replacement of recommended repairs to qualified applicants will be provided as a grant and not exceed $7,500. Residential property must be located in the Dallas City limits Picture ID and Social Security card Seniors (60 and older) and or disabled Income 80% or less of median area family income for Dallas, based on number of persons in household, as defined by the Department of Housing and Urban Development annually
EXHIBIT C (continued) EMERGENCY REPAIR PROGRAM PROGRAM STATEMENT
Grant Terms: Repairs cannot exceed $7,500 Client cannot have received home repair assistance for the same repair type in the last 12 months
AGENDA ITEM # 9 KEY FOCUS AREA:
Culture, Arts and Recreation
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
12
DEPARTMENT:
Park & Recreation
CMO:
Willis Winters, 670-4071
MAPSCO:
4-A ________________________________________________________________
SUBJECT Authorize a construction contract for site improvements to include soccer fields and a new parking lot at Timberglen Park located at 3900 Timberglen Drive - Gilbert May, Inc. dba Phillips/May Corporation, lowest responsible bidder of five - Not to exceed $1,240,598 - Financing: General Obligation Commercial Paper Funds BACKGROUND On November 21, 2013, five bids were received for site improvements to include soccer fields and a new parking lot at Timberglen Park. This item authorizes award of the construction contract to Gilbert May, Inc. dba Phillips/May Corporation for the Base Bid and Alternate Nos. 1, 2, 3 and 4, with a total bid amount of $1,240,597.30. The following chart illustrates Gilbert May, Inc. dba Phillips/May Corporation's contractual activities with the City of Dallas for the past three years:
Projects Completed Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction
February 2011 July 2012 February 2014 July 2014
PBW
DWU
PKR
0 0 0 0
0 0 0 0
0 2 0 0
PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Park and Recreation Board authorized advertisement for construction procurement on August 2, 2012. The Park and Recreation Board authorized award of the contract on December 19, 2013. FISCAL INFORMATION 2006 Bond Program (General Obligation Commercial Paper Funds) - $1,240,597.30 M/WBE INFORMATION See attached. ETHNIC COMPOSITION Gilbert May, Inc. dba Phillips/May Corporation White Male Black Male Hispanic Male Other Male
48 4 42 1
White Female Black Female Hispanic Female Other Female
7 0 8 0
BID INFORMATION The following five bids were received and opened on November 21, 2013: *Denotes successful bidder Bidders
Base Bid
*Gilbert May, Inc. dba Phillips/May $907,333.00 Corporation 4861 Sharp Street, Dallas, TX Schmoldt Construction $920,987.87 Northstar Construction, LLC $926,763.00 Cole Construction Company $1,066,114.50 RoeschCo Construction, Inc. $1,096,232.85
Alter. Nos. 1-4
Total Bid
$333,264.30
$1,240,597.30
$322,194.63 $331,103.20 $370,441.90 $426,145.85
$1,243,182.50 $1,257,866.20 $1,436,556.40 $1,522,378.70
**Alternate No. 1 - provides for installation of concrete pavement, trees, trenching to include excavation and other associated items. **Alternate No. 2 - provides for installation of irrigation system, pedestrian directional signage, soccer goals and other associated items.
Agenda Date 01/22/2014 - page 2
BID INFORMATION (Continued) **Alternate No. 3 - provides for installation of temporary irrigation system, concrete pavement and other associated items. **Alternate No. 4 - provides for installation of vinyl coated fence. OWNER Gilbert May, Inc. dba Phillips/May Corporation Gilbert May, President/Secretary Gilbert May III, Treasurer MAP Attached
Agenda Date 01/22/2014 - page 3
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a construction contract for site improvements to include soccer fields and a new parking lot at Timberglen Park located at 3900 Timberglen Drive Gilbert May, Inc. dba Phillips/May Corporation, lowest responsible bidder of five - Not to exceed $1,240,598 - Financing: General Obligation Commercial Paper Funds Gilbert May, Inc. dba Phillips/May Corporation 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 TOTAL CONTRACT
Percent
$926,597.30 $314,000.00
74.69% 25.31%
------------------------
------------------------
$1,240,597.30
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local
Certification
MB Concrete Phillips/May Corporation
HMMB56396N0114 HMMB59343Y1114
Total Minority - Local
Amount
Percent
$557,000.00 $369,597.30
60.11% 39.89%
------------------------
------------------------
$926,597.30
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
$0.00 $926,597.30 $0.00 $0.00 $0.00
0.00% 100.00% 0.00% 0.00% 0.00%
$0.00 $926,597.30 $0.00 $0.00 $0.00
0.00% 74.69% 0.00% 0.00% 0.00%
----------------------
----------------------
----------------------
-----------------------
Total
$926,597.30
100.00%
$926,597.30
74.69%
Mapsco # 4-A
3900 Timberglen Dr.
Council District 12
Timberglen Park
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on November 21, 2013, five bids were received for site improvements to include soccer fields and a new parking lot at Timberglen Park located at 3900 Timberglen Drive. Bidders Gilbert May, Inc. dba Phillips/May Corporation Schmoldt Construction Northstar Construction, LLC Cole Construction Company RoeschCo Construction, Inc.
Base Bid
Alter. Nos. 1-4
Total Bid
$907,333.00
$333,264.30
$1,240,597.30
$920,987.87 $926,763.00 $1,066,114.50 $1,096,232.85
$322,194.63 $331,103.20 $370,441.90 $426,145.85
$1,243,182.50 $1,257,866.20 $1,436,556.40 $1,522,378.70
**Alternate No. 1 - provides for installation of concrete pavement, trees, trenching to include excavation and other associated items. **Alternate No. 2 - provides for installation of irrigation system, pedestrian directional signage, soccer goals and other associated items. **Alternate No. 3 - provides for installation of temporary irrigation system, concrete pavement and other associated items. **Alternate No. 4 - provides for installation of vinyl coated fence. 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 a contract with Gilbert May, Inc. dba Phillips/May Corporation for site improvements to include soccer fields and a new parking lot at Timberglen Park, in an amount not to exceed $1,240,597.30. SECTION 2. That the President of the Park and Recreation Board and the City Manager are hereby authorized to execute a contract with Gilbert May, Inc. dba Phillips/May Corporation, after approval as to form by the City Attorney's Office. SECTION 3. That the City Controller is hereby authorized to pay the amount of $1,240,597.30 to Gilbert May, Inc. dba Phillips/May Corporation from (2006) General Obligation Commercial Paper Fund, Fund 2T00, Department PKR, Unit T295, Object 4599, Activity RFSI, Program PK06T295, CT-PKR14019428, Commodity 91200, Vendor VS0000039750. 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 # 10 KEY FOCUS AREA:
Culture, Arts and Recreation
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
4
DEPARTMENT:
Park & Recreation
CMO:
Willis Winters, 670-4071
MAPSCO:
53-Z ________________________________________________________________
SUBJECT Authorize a contract for construction of a loop trail at Kiest Park located at 3080 South Hampton Road - Northstar Construction, LLC, lowest responsible bidder of seven - Not to exceed $1,426,402 - Financing: 2006 Bond Funds BACKGROUND On November 21, 2013, seven bids were received for construction of a loop trail at Kiest Park. This item authorizes award of the construction contract to Northstar Construction, LLC for the Base Bid and Alternate Nos. 1, 4, 5 and 6, with a total bid amount of $1,426,401.60. The following chart illustrates Northstar Construction, LLC's contractual activities with the City of Dallas for the past three years:
Projects Completed Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company ESTIMATED SCHEDULE OF PROJECT Began Design Complete Design Begin Construction Complete Construction
May 2011 October 2013 February 2014 May 2014
PBW
DWU
PKR
0 0 0 0
0 0 0 0
1 0 0 0
PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Park and Recreation Board authorized advertisement for bids on September 19, 2013. The Park and Recreation Board authorized award of the contract on December 19, 2013. FISCAL INFORMATION 2006 Bond Funds - $1,426,401.60 M/WBE INFORMATION See attached. ETHNIC COMPOSITION Northstar Construction, LLC White Male Black Male Hispanic Male Other Male
3 0 9 0
White Female Black Female Hispanic Female Other Female
0 0 1 0
BID INFORMATION The following seven bids were received and opened on November 21, 2013: *Denotes successful bidder Bidders *Northstar Construction, LLC 3210 Joyce Drive, Ft. Worth, TX 2L Construction, LLC Texas Standard Construction, Ltd. RoeschCo Construction, Inc. Gilbert May, Inc. dba Philllips/May Corporation
Base Bid
Alternate Nos.
Total Bid
$1,216,682.60
$209,719.00
$1,426,401.60
$1,191,709.90 $1,368,301.80 $1,421,667.60 $1,699,702.63
$245,355.00 $241,443.00 $283,855.00 $219,236.95
$1,437,064.90 $1,609,744.80 $1,705,522.60 $1,918,939.58
Agenda Date 01/22/2014 - page 2
BID INFORMATION (Continued) Bidders J.C. Commercial, Inc. The Fain Group, Inc.
Base Bid
Alternate Nos.
Total Bid ***Non-responsive ***Non-responsive
**Alternate No. 1 - provides for installation of trail head plaza and trail head spur. **Alternate No. 4 - provides for installation of drinking fountains. **Alternate No. 5 - provides for installation of shade structures. **Alternate No. 6 - provides for installation of temporary trail. ***J.C. Commercial, Inc. was deemed non-responsive due to mathematical errors submitted in their bid proposal. ***The Fain Group, Inc. was deemed non-responsive for not utilizing the City's bid bond form. OWNER Northstar Construction, LLC Michael A. Heimlich, President MAP Attached
Agenda Date 01/22/2014 - page 3
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract for construction of a loop trail at Kiest Park located at 3080 South Hampton Road - Northstar Construction, LLC, lowest responsible bidder of seven - Not to exceed $1,426,402 - Financing: 2006 Bond Funds Northstar Construction, 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
Percent
Total local contracts Total non-local contracts
$0.00 $1,426,401.60
0.00% 100.00%
------------------------
------------------------
TOTAL CONTRACT
$1,426,401.60
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors Non-local
Certification
Destiny Trucking, LLC Martinez Construction Services Cowtown Redi Mix
BMDB56098Y0114 HMDB77771Y0614 WFDB57742Y0614
Total Minority - Non-local
Amount
Percent
$52,000.00 $42,000.00 $270,000.00
3.65% 2.94% 18.93%
------------------------
------------------------
$364,000.00
25.52%
TOTAL M/WBE CONTRACT PARTICIPATION
African American Hispanic American Asian American Native American WBE Total
Local
Percent
Local & Non-Local
Percent
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
$52,000.00 $42,000.00 $0.00 $0.00 $270,000.00
3.65% 2.94% 0.00% 0.00% 18.93%
----------------------
----------------------
----------------------
-----------------------
$0.00
0.00%
$364,000.00
25.52%
Mapsco 53‐Z
3080 South Hampton Road
Council District 4
Kiest Park
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on November 21, 2013, seven bids were received for construction of a loop trail at Kiest Park located at 3080 South Hampton Road. Bidders Northstar Construction, LLC 2L Construction, LLC Texas Standard Construction, Ltd. RoeschCo Construction, Inc. Gilbert May, Inc. dba Phillips/May Corporation J.C. Commercial, Inc. The Fain Group, Inc.
Base Bid
Alternate Nos.
Total Bid
$1,216,682.60 $1,191,709.90 $1,368,301.80 $1,421,667.60 $1,699,702.63
$209,719.00 $245,355.00 $241,443.00 $283,855.00 $219,236.95
$1,426,401.60 $1,437,064.90 $1,609,744.80 $1,705,522.60 $1,918,939.58 ***Non-responsive ***Non-responsive
**Alternate No. 1 - provides for installation of trail head plaza and trail head spur. **Alternate No. 4 - provides for installation of drinking fountains. **Alternate No. 5 - provides for installation of shade structures. **Alternate No. 6 - provides for installation of temporary trail. ***J.C. Commercial, Inc. was deemed non-responsive due to mathematical errors submitted in their bid proposal. ***The Fain Group, Inc. was deemed non-responsive for not utilizing the City's bid bond form. 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 a contract with Northstar Construction, LLC for construction of a loop trail at Kiest Park, in an amount not to exceed $1,426,401.60. SECTION 2. That the President of the Park and Recreation Board and the City Manager are hereby authorized to execute a contract with Northstar Construction, LLC, after approval as to form by the City Attorney's Office. SECTION 3. That the City Controller is hereby authorized to pay the amount of $1,426,401.60 to Northstar Construction, LLC, as follows: (2006) Park and Recreation Facilities Improvement Fund Fund BT00, Department PKR, Unit T198, Object 4599 Activity RFSI, Program PK06T198.1, CT-PKR14019429 Commodity 91200, Vendor VS0000060205
$1,166,344.24
COUNCIL CHAMBER
January 22, 2014 SECTION 3. (Continued) (2006) Park and Recreation Facilities Improvement Fund Fund 1T00, Department PKR, Unit T198, Object 4599 Activity RFSI, Program PK06T198.1, CT-PKR14019429 Commodity 91200, Vendor VS0000060205
$39,524.69
(2006) Park and Recreation Facilities Improvement Fund Fund 8T00, Department PKR, Unit T198, Object 4599 Activity RFSI, Program PK06T198.1, CT-PKR14019429 Commodity 91200, Vendor VS0000060205
$220,532.67
Total amount not to exceed
$1,426,401.60
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 # 11 KEY FOCUS AREA:
Culture, Arts and Recreation
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
5
DEPARTMENT:
Park & Recreation
CMO:
Willis Winters, 670-4071
MAPSCO:
58-D ________________________________________________________________
SUBJECT Authorize a contract for renovation and expansion of the existing recreation center at Pleasant Oaks Recreation Center located at 8700 Greenmound Avenue - MART, Inc., best value proposer of three - Not to exceed $1,818,200 - Financing: 2006 Bond Funds BACKGROUND This action will award a contract for renovation and expansion of the existing recreation center at Pleasant Oaks Recreation Center to MART, Inc., best value proposer of three, in an amount not to exceed $1,818,200. On November 14, 2013, three competitive sealed proposals were received for renovation and expansion of the existing recreation center at Pleasant Oaks Recreation Center. MART, Inc. was selected as the best value proposer. Proposals based on RFCSP are evaluated on pre-set criteria which include cost, qualifications of the prime contractor, construction amount and schedule ratings, which are based on mathematical formulas, with the best price and best schedule being given the highest scores. Ratings "1" to "10" are given for each criterion with "10" being the best rating. These ratings are multiplied by the weighting to obtain the score for each item. The following is a list of the rating criteria and values for each criterion: Rating Criteria 1. 2. 3. 4. 5. 6.
Proposed Construction Contract Award Qualifications/Experience/References for Prime Firm Subcontractor Experience Business Inclusion and Development Plan Financial Sufficiency Schedule/Time of Completion
Value 45% 15% 10% 15% 5% 10% 100%
ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction
June 2009 July 2011 February 2014 June 2014
PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Park and Recreation Board authorized advertisement for construction procurement on December 16, 2010. The Park and Recreation Board authorized award of the contract on September 13, 2012. The Park and Recreation Board authorized the rescission of the contract award and the re-advertisement for construction procurement on December 20, 2012. City Council authorized rejection of the proposals on January 23, 2013, by Resolution No. 13-0179. The Park and Recreation Board authorized award of the contract on December 19, 2013. FISCAL INFORMATION 2006 Bond Funds - $1,818,200 M/WBE INFORMATION See attached. ETHNIC COMPOSITION MART, Inc. White Male Black Male Hispanic Male Other Male
27 0 7 0
White Female Black Female Hispanic Female Other Female
6 1 2 0
Agenda Date 01/22/2014 - page 2
PROPOSAL INFORMATION The following three proposals were received and opened on November 14, 2013: *Denotes successful proposer
Proposers
Base Bid
*MART, Inc. $1,450,000 1503 Perry Street Irving, TX Gilbert May, Inc. dba $1,396,333 Phillips/May Corporation J.C. Commercial, Inc. $1,497,777
Alter. Nos. 1,2,3a 3b,5,6,7,9 & 10 Total Bid
Scores
$406,200
$1,856,200
3589.0
$451,900
$1,848,233
3445.0
$351,800
$1,849,577
3334.0
**Alternate No. 1 - provides for installation of a accordion wall at activity room. **Alternate No. 2 - provides for installation of multi-purpose wood floor at activity room. **Alternate No. 3a - provides for installation of fitness equipment. **Alternate No. 3b - provides for installation of office furniture. **Alternate No. 5 - provides for repainting of gymnasium interior. **Alternate No. 6 - provides for replacement gutter and downspout at the gymnasium. **Alternate No. 7 - provides for indoor soccer north field conversion and crawlspace ventilation. **Alternate No. 9 - provides for installation of video security package. **Alternate No. 10 - provides for replacement of rooftop heating, ventilation and air conditioning unit. Note: After value engineering, the best and final offer from MART, Inc. for Base Bid and Alternate Nos. 1, 2, 3a, 3b, 5, 6, 7, 9 and 10 was for $1,818,200. OWNER MART, Inc. Vernon Proctor, President/Treasurer Tim Proctor, Vice President Linda Proctor, Secretary MAP Attached
Agenda Date 01/22/2014 - page 3
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract for renovation and expansion of the existing recreation center at Pleasant Oaks Recreation Center located at 8700 Greenmound Avenue - MART, Inc., best value proposer of three - Not to exceed $1,818,200 Financing: 2006 Bond Funds MART, 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
Percent
Total local contracts Total non-local contracts
$1,412,950.00 $405,250.00
77.71% 22.29%
------------------------
------------------------
TOTAL CONTRACT
$1,818,200.00
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local
Certification
Pipe Connection
HMMB58991Y1014
Total Minority - Local
Amount
Percent
$90,000.00
6.37%
------------------------
------------------------
$90,000.00
6.37%
Amount
Percent
$70,000.00 $61,500.00 $214,500.00 $59,250.00
17.27% 15.18% 52.93% 14.62%
------------------------
------------------------
$405,250.00
100.00%
Non-Local Contractors / Sub-Contractors Non-local
Certification
Galvan Floors, LLC A-Star Pate Jones Fire Line Services
HFMB59110N1214 HMDB57190Y0414 WFWB58825N0914 WFWB59362Y1114
Total Minority - Non-local TOTAL M/WBE CONTRACT PARTICIPATION Local
Percent
Local & Non-Local
Percent
African American Hispanic American Asian American Native American WBE
$0.00 $90,000.00 $0.00 $0.00 $0.00
0.00% 6.37% 0.00% 0.00% 0.00%
$0.00 $221,500.00 $0.00 $0.00 $273,750.00
0.00% 12.18% 0.00% 0.00% 15.06%
----------------------
----------------------
----------------------
-----------------------
Total
$90,000.00
6.37%
$495,250.00
27.24%
Mapsco # 58-D
8700 Greenmound Ave.
Council District 5
Pleasant Oaks Recreation Center
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on November 14, 2013, three competitive sealed proposals were received for renovation and expansion of the existing recreation center at Pleasant Oaks Recreation Center located at 8700 Greenmound Avenue; and
Proposers
Base Bid
MART, Inc. $1,450,000 Gilbert May, Inc. dba $1,396,333 Phillips/May Corporation J.C. Commercial, Inc. $1,497,777
Alter. Nos. 1,2,3a 3b,5,6,7,9 & 10 Total Bid
Scores
$406,200 $451,900
$1,856,200 $1,848,233
3589.0 3445.0
$351,800
$1,849,577
3334.0
**Alternate No. 1 - provides for installation of a accordion wall at activity room. **Alternate No. 2 - provides for installation of multi-purpose wood floor at activity room. **Alternate No. 3a - provides for installation of fitness equipment. **Alternate No. 3b - provides for installation of office furniture. **Alternate No. 5 - provides for repainting of gymnasium interior. **Alternate No. 6 - provides for replacement gutter and downspout at the gymnasium. **Alternate No. 7 - provides for indoor soccer north field conversion and crawlspace ventilation. **Alternate No. 9 - provides for installation of video security package. **Alternate No. 10 - provides for replacement of rooftop heating, ventilation and air conditioning unit. Note: After value engineering, the best and final offer from MART, Inc. for Base Bid and Alternate Nos. 1, 2, 3a, 3b, 5, 6, 7, 9 and 10 was for $1,818,200. WHEREAS, it has been determined that acceptance of the best and final offer from MART, Inc., in an amount not to exceed $1,818,200 is the best value for the City of Dallas. 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 a contract with MART, Inc. for renovation and expansion of the existing recreation center at Pleasant Oaks Recreation Center, in an amount not to exceed $1,818,200. SECTION 2. That the President of the Park and Recreation Board and the City Manager are hereby authorized to execute a contract with MART, Inc., after approval as to form by the City Attorney's Office.
COUNCIL CHAMBER
January 22, 2014 SECTION 3. That the City Controller is hereby authorized to pay the amount of $1,818,200 to MART, Inc., as follows: (2006) Park and Recreation Facilities Improvement Fund Fund BT00, Department PKR, Unit T278, Object 4710 Activity CCSS, Program PK06T278.4, CT-PKR14019426 Commodity 91200, Vendor 500027
$55,500.00
(2006) Park and Recreation Facilities Improvement Fund Fund 7T00, Department PKR, Unit T345, Object 4710 Activity RFSI, Program PK06T345, CT-PKR14019426 Commodity 91200, Vendor 500027
$76,950.00
(2006) Park and Recreation Facilities Improvement Fund Fund 7T00, Department PKR, Unit T345, Object 4310 Activity RFSI, Program PK06T345, CT-PKR14019426 Commodity 91200, Vendor 500027
$105,630.82
(2006) Park and Recreation Facilities Improvement Fund Fund 8T00, Department PKR, Unit T345, Object 4310 Activity RFSI, Program PK06T345, CT-PKR14019426 Commodity 91200, Vendor 500027
$658,789.95
(2006) Park and Recreation Facilities Improvement Fund Fund 9T00, Department PKR, Unit T345, Object 4310 Activity RFSI, Program PK06T345, CT-PKR14019426 Commodity 91200, Vendor 500027
$191,228.57
(2006) Park and Recreation Facilities Improvement Fund Fund BT00, Department PKR, Unit T345, Object 4310 Activity RFSI, Program PK06T345, CT-PKR14019426 Commodity 91200, Vendor 500027
$730,100.66
Total amount not to exceed
$1,818,200.00
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.
AGENDA ITEM # 12 KEY FOCUS AREA:
Culture, Arts and Recreation
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
14
DEPARTMENT:
Park & Recreation
CMO:
Willis Winters, 670-4071
MAPSCO:
45-C G ________________________________________________________________
SUBJECT Authorize Supplemental Agreement No. 1 to the development and maintenance agreement with Uptown Dallas, Inc. for improvements and services at Griggs Park located at 2200 Hugo Street - Not to exceed $30,000, from $317,400 to $347,400 Financing: 2006 Bond Funds BACKGROUND On January 12, 2011, Resolution No. 11-0164 authorized a development and a maintenance agreement for a term of twenty-three years, with one five-year renewal option with Uptown Dallas, Inc. to reimburse costs for construction of improvements to Griggs Park, in an amount not to exceed $317,400. Uptown will increase its contribution from $1.1 million to approximately $1.25 million and therefore, Uptown requests the City to increase its reimbursable contribution from $317,400 to $347,400. This action will authorize Supplemental Agreement No. 1 to the development and maintenance agreement with Uptown Dallas, Inc. for improvements and services at Griggs Park, in an amount not to exceed $30,000, increasing the agreement amount from $317,400 to $347,400. In accordance with the State law developer participation contract requirement, Sections 212.071 and 212.072 of the Texas Local Government Code, that allows the City to reimburse Uptown Dallas, Inc. for the cost of construction and renovation of public improvements at Griggs Park, provided the reimbursement does not exceed thirty percent (30%) of the total public improvement costs.
BACKGROUND (Continued) This Supplemental Agreement No. 1 will be subject to the following terms: 1. City may increase its contribution, through its reimbursements, for as long as City's reimbursements are for site development only and does not include building structures and does not exceed 30% of total public improvements costs in connection with the project in accordance with state law. 2. This Supplemental Agreement No. 1 increase is subject to Uptown Dallas, Inc. providing the City (through its Director) documentation acceptable to the Director of proof of Uptown's increased contribution to the project. 3. In accordance with Sections 2.2 of the Agreement, Uptown Dallas, Inc. shall continue to provide monthly invoices as construction progresses. Invoices must contain proper documentation and must be approved by the Director. 4. City will pay each monthly invoice within 45 days after its receipt. 5. Uptown Dallas, Inc. understands that the City's monthly reimbursement will not exceed 30% of the total invoice amount and that City shall have no responsibility for any other costs or design and construction, beyond $347,400, regardless of whether or not the total cost of construction exceeds Uptown Dallas, Inc.'s construction estimates, budgets, or bids. FISCAL INFORMATION 2006 Bond Funds - $30,000 Original Agreement Supplemental Agreement No. 1 (this action) Total amount not to exceed
$317,400 $30,000 $347,400
PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Park and Recreation Board authorized award of the development and maintenance agreement on December 16, 2010. City Council authorized award of the development and maintenance agreement on January 12, 2011, by Resolution No. 11-0164. The Park and Recreation Board authorized Supplemental Agreement No. 1 on December 19, 2013.
Agenda Date 01/22/2014 - page 2
MAP Attached
Agenda Date 01/22/2014 - page 3
Griggs
0
125
250
December 19, 2013
500
Feet 750
Griggs Park (2200 Hugo Street)
Mapsco 45 C G
District 14
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the City Charter provides for the Park and Recreation Board to grant contracts and agreements within park facilities with such terms and conditions as it shall deem proper; and WHEREAS, on January 12, 2011, Resolution No. 11-0164 authorized a development and a maintenance agreement for a term of twenty-three years, with one five-year renewal option with Uptown Dallas, Inc. to reimburse costs for construction of improvements to Griggs Park, in an amount not to exceed $317,400; and WHEREAS, the City of Dallas Park and Recreation Department and Uptown Dallas, Inc. desires to enter into Supplemental Agreement No. 1 to the development and maintenance agreement for the purpose of improvements and services at Griggs Park located at 2200 Hugo Street, in an amount not to exceed $30,000, increasing the agreement amount from $317,400 to $347,400; and WHEREAS, the reimbursement is in accordance with the State law developer participation contract requirement, Sections 212.071 and 212.072 of the Texas Local Government Code, that allows the City to reimburse Uptown Dallas, Inc. for the cost of construction and renovation of public improvements at Griggs Park, provided the reimbursement does not exceed thirty percent (30%) of the total public improvement costs. 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 development and maintenance agreement for the purpose of improvements and services at Griggs Park, in an amount not to exceed $30,000, increasing the agreement amount from $317,400 to $347,400. 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 Uptown Dallas, Inc., after approval as to form by the City Attorney's Office. SECTION 3. That the City Controller is hereby authorized to pay the amount of $30,000 to Uptown Dallas, Inc. from (2006) Park and Recreation Facilities Improvement Fund, Fund 7T00, Department PKR, Unit T158, Object 4599, Activity RFSI, Program PK06T158, CT-PKR10019214, Commodity 91200, Vendor 355176. 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 ITEMS # 13,14 KEY FOCUS AREA:
Public Safety
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
All
DEPARTMENT:
Police
CMO:
Ryan S. Evans, 671-9837
MAPSCO:
N/A ________________________________________________________________
SUBJECT 2013-14 State of Texas Internet Crimes Against Children Grant and City of Dallas NIBIN Program *
Authorize an application for and acceptance of the 2013-14 State of Texas Internet Crimes Against Children Grant, from the Office of the Governor, Criminal Justice Division for response to the sexual abuse and exploitation of children facilitated by the use of computer technology for the period October 1, 2013 through August 31, 2014 - Not to exceed $400,000 â&#x20AC;&#x201C; Financing: Office of the Governor, Criminal Justice Division State Grant Funds
*
Authorize a correction to Resolution No. 13-1761, previously approved on October 8, 2013, to add a provision for the repayment of funds in the event of the loss or misuse of funds provided for the City of Dallas NIBIN Program by the Office of the Governor, Criminal Justice Division, to provide aid in finding crime linkages and provide additional resources to the National Integrated Ballistic Information Network Program â&#x20AC;&#x201C; Financing: This action has no cost consideration to the City
BACKGROUND The 2013-14 State of Texas Internet Crimes Against Children Grant will provide $400,000 to enhance the response of the Dallas Crimes Against Children Task Force in the area of prevention, investigation and prosecution of computer-facilitated systems, and other technology. The grant will provide one year funding for the full salaries and benefits of two detectives and one police research specialist. Funds will also be utilized to fund training, equipment and overtime to address the growing problem of technology facilitated child abuse and exploitation. There is no cash match or in-kind cost to the City of Dallas. In addition, a correction to Resolution No. 13-1761 for acceptance of the NIBIN Grant, approved on October 8, 2013, is required to add language in the grant agreement to include a provision for repayment in the event of loss or misuse of the Criminal Justice Division funds.
PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Safety Committee is scheduled to be briefed on January 13, 2014. FISCAL INFORMATION $400,000 â&#x20AC;&#x201C; Office of the Governor, Criminal Justice Division State Grant Funds
Agenda Date 01/22/2014 -page 2
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the State of Texas, Office of the Governor, Criminal Justice Division has made grant funds available to aid missing and exploited children during Fiscal Year 2013-2014; and WHEREAS, such funding was awarded to the City of Dallas on December 4, 2013; and WHEREAS, the increased program and funding source would benefit the City of Dallas in its endeavor to reduce crime and improve public safety; and WHEREAS, the City of Dallas finds it in the best interest of the citizens of Dallas that the Office of the Governor, Criminal Justice Division be operated for the 2013-2014; and WHEREAS, the City of Dallas agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City of Dallas assures that the funds identified as ineligible will be returned to the Criminal Justice Division; and WHEREAS, the City of Dallas designates the City Manager or an Assistant City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency; and WHEREAS, it is in the best interest of the City of Dallas to accept such funding. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to: (1) accept an application for the 2013-14 State of Texas Internet Crimes Against Children Grant, IC-14-A10-27451-01, from the Office of the Governor, Criminal Justice Division, for response to the sexual abuse and exploitation of children facilitated by the use of computer technology for the period October 1, 2013 through August 31, 2014 in an amount not to exceed $400,000; and (2) that this resolution approves adding two Sr. Corporal Detective positions and a Research Specialist Position. Section 2. That the City Manager is hereby authorized to establish appropriations in the State of Texas Internet Crimes Against Children Continuation Grant fund in the amount of $400,000, in Fund S267, Department DPD, Unit 1525, in accordance with Schedule A. Section 3. That the City Controller is hereby authorized to deposit grant funds in an amount not to exceed $400,000, in Fund S267, Department DPD, Unit 1525, Revenue Source 6516.
COUNCIL CHAMBER
January 22, 2014 Section 4. That the City Controller is hereby authorized to disburse grant funds from Fund S267, Department DPD, Unit 1525, an amount not to exceed $400,000 according to Schedule A. Section 5. That the City Manager is hereby authorized to reimburse to the Office of the Governor, Criminal Justice Division any expenditures identified as ineligible. Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.
Schedule A Dallas Police Department State of Texas ICAC Fund 5267, Unit 1525
Description
Obj. Code
OOG Funds
Program Total
1101
Civilian Salaries
69,758.00
69,758.00
1102
Sworn Salaries
171,074.00
171,074.00
1202
Overtime - Uniform
46,062.00
46,062.00
1301
Pension - Civilian
9,027.00
9,027.00
1302
Pension - Uniform
47,045.00
47,045.00
1304
Health
15,042.00
15,042.00
1306
FICA
3,492.00
3,492.00
2890
Misc Equipment
36,000.00
36,000.00
3361
Professional Development
2,500.00
2,500.00
$400,000.00
$400,000.00
Program Totals
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the Office of the Governor, Criminal Justice Division has made funds available for criminal justice projects for the 2013-2014 fiscal year; and WHEREAS, the increased program and funding source would benefit the City of Dallas in its endeavor to reduce crime and improve public safety; and WHEREAS, The City of Dallas finds it in the best interest of the citizens of Dallas that the Office of the Governor, Criminal Justice Division be operated for the 2013-2014; and WHEREAS, The City of Dallas agrees that in the event of loss or misuse of the Criminal Justice Division funds, The City of Dallas assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, The City of Dallas designates the City Manager or an Assistant City Manager as the granteeâ&#x20AC;&#x2122;s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency; and WHEREAS, this is a correction to Resolution No. 13-761; and WHEREAS, it is in the best interest of the City of Dallas to accept such funding. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS Section 1. That the City Manager is hereby authorized to accept the City of Dallas NIBIN Program Grant No. 2408204, CFDA #16.738 in an amount not to exceed $80,000 for the period September 1, 2013 through August 31, 2014, and to execute the grant agreement. Section 2. That the City Controller be authorized to deposit grant funds in an amount not to exceed $80,000 into Fund F409, Department DPD, Unit 1502, and Revenue Source 6506. Section 3. That the City Manager is authorized to establish appropriations in Fund F409, Department DPD, Unit 1502, Object 3899 in an amount not to exceed $80,000. Section 4. That the City Controller be authorized to disburse from Fund F409, Department DPD, Unit 1502, Object 3899 in an amount not to exceed $80,000. Section 5. That the City Manager be authorized to provide an In-Kind contribution in the amount of $19,514.
COUNCIL CHAMBER
January 22, 2014 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.
Schedule A NIBIN-Criminal Justice Division Grant FUND F409, Unit 1502
Â
1102 Uniform Salary
$60,000
1201 Civilian Overtime
$ 4,993
1202 Uniform Overtime
$ 5,007
3361 Travel & Training
$10,000
Total Grant Award
$80,000
AGENDA ITEM # 15 KEY FOCUS AREA:
Public Safety
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
All
DEPARTMENT:
Police
CMO:
Ryan S. Evans, 671-9837
MAPSCO:
N/A ________________________________________________________________
SUBJECT Authorize (1) the acceptance of supplemental funding for the 2013/2014 Tobacco Enforcement Grant through the Texas School Safety Center at Texas State University – San Marcos in the amount of $15,000 for the purpose of reducing youth access to tobacco products, and to ensure compliance with the Health and Safety Code, Chapter 161 for the period September 1, 2013 through August 31, 2014; and (2) execution of the grant agreement - Not to exceed $15,000, from $65,025 to $80,025 - Financing: Texas Comptroller's Tobacco Compliance Grant Funds BACKGROUND The Texas School Safety Center 2013/2014 Tobacco Enforcement Program provides funding to support the enforcement and the reporting of tobacco compliance activities for the purpose of reducing youth access to tobacco products. The grant activities include Retailer Controlled Buys ("stings"), to ensure compliance with the Health and Safety Code, Chapter 161.082 – Sale of cigarettes or tobacco products to persons younger than 18 years of age is prohibited: Proof of age required. Ongoing and consistent enforcement initiatives that involve on-site compliance inspections of cigarette or tobacco retail outlets will be required by law enforcement officers and may result in the issuance of citations. The funding agency requires monthly enforcement activity reports and financial status reports to be provided to the Texas School Safety Center contractor for the Texas State University System. PRIOR ACTION/REVIEW (Council, Board, Commissions) Authorized the 2012/2013 Tobacco Enforcement Grant through the Texas School Safety Center at Texas State University – San Marcos on September 26, 2012, by Resolution No. 12-2371.
PRIOR ACTION/REVIEW (Council, Board, Commissions) (Continued) Authorized the 2012/2013 Tobacco Enforcement Grant supplemental funds on January 9, 2013, by Resolution No. 13-0115. Authorized the 2013/2014 Tobacco Enforcement Grant through the Texas School Safety Center at Texas State University â&#x20AC;&#x201C; San Marcos on August 28, 2013, by Resolution No. 13-1445. This item is scheduled to be briefed to the Public Safety Committee on January 13, 2014. FISCAL INFORMATION $15,000.00 - Texas Comptroller's Tobacco Compliance Grant Funds
Agenda Date 01/22/2014 - page 2
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the Texas State University System has made supplemental grant funds available to aid in reducing youth access to tobacco products, and to ensure compliance with the Health and Safety Code, Chapter 161 during the 2013-2014 fiscal year; and WHEREAS, such funding was awarded to the City of Dallas on December 16, 2013; and WHEREAS, it is in the best interest of the City of Dallas to accept such funding. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to accept the Texas School Safety Center 2013/2014 Tobacco Enforcement Program supplemental funds in an amount not to exceed $15,000 increasing the award from $65,025 to $80,025 for the period of September 1,2013 through August 31, 2014 and execute the grant agreement. Section 2. That the City Controller is hereby authorized to receive and deposit supplemental grant funds in an amount not to exceed $15,000, in Fund S263, Department DPD, Unit 1494, Revenue Source 6516. Section 3. That the City Manager is hereby authorized to increase appropriations in the Texas School Safety Center 2013/2014 Tobacco Enforcement Program supplemental fund in the amount of $15,000 from $65,025 to 80,025, Fund S263, Department DPD, Unit 1494, Object Code 3099. Section 4. That the City Controller is authorized to disburse funds from Fund S263, Department DPD, Unit 1494, Object Code 3099, in an amount not to exceed $15,000. Section 5. That the City Manager is hereby authorized to reimburse to the Texas School Safety Center for any expenditures identified as ineligible. Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 16 KEY FOCUS AREA:
Public Safety
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
1, 2, 3, 4, 5, 6, 7, 8, 14
DEPARTMENT:
Police
CMO:
Ryan S. Evans, 671-9837
MAPSCO:
N/A ________________________________________________________________
SUBJECT Authorize payment to Dallas County Sheriff’s Office to reimburse Dallas County for program expenses associated with the Dallas County Highway Traffic Program for the period October 1, 2013 through September 30, 2014 – Not to exceed $600,000 Financing: Current Funds BACKGROUND In January 2008, the Dallas County Sheriff’s Office assumed freeway responsibility in Southern Dallas County by gradual assumption of enforcement and crash reporting responsibility beginning with Interstate 20 and extending to Woodall Rodgers and Connectors to Interstate 30 by July 2008. For FY 2011-12, the Dallas Police Department assisted Dallas County in meeting budgetary shortfalls for program expenses associated with the Highway Program by contributing $1M in financing towards the program and providing traffic management coverage in the following locations that the County was covering under the 2008 agreement: Loop 12 – City of Irving City Limits to Illinois Ave. Spur 408 – from Illinois Ave. to Interstate 20 U.S. Highway 67 – from Interstate 35/U.S. Highway 67 split to Cities of Desoto/Duncanville City Limits Interstate 45 – from Interstate 45/U.S. Highway 175 split to Interstate 20 Interstate 35 – from Interstate 35/ U.S. Highway 67 split to the Cities of Desoto/Lancaster City Limits
Under this agreement, the Dallas County Sheriff’s Office began to provide additional coverage for Interstate 35 from Woodall Rogers to the City limits (North of Interstate 635) by March 1, 2012.
BACKGROUND (Continued) During FY 2012-13, program expenses associated with the Highway Coverage between Dallas County and the Police Department remained the same, and the City contributed $800K. During FY 2013-14, the Highway Coverage between Dallas County and the Police Department will remain the same and the City has been asked to contribute $600K to cover program expenses in FY 2013-14. In addition to our support, Dallas County received additional financial support from the following Agencies: The Regional Transportation Council/NCTCOG - $1,000,000 Dallas County - $800,000 Dallas County is committed to reviewing and adjusting the traffic court fee collection process to identify improvements with the system. If additional revenue is collected, the revenue will be applied proportionately to reduce the funding contributed by Dallas County, the City of Dallas and NCTCOG as outlined above. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSION) Authorized on December 14, 2011, by Resolution No. 11-3246 to approve payment of $1M for FY 2011-12 Program Expenses for the Southern Dallas Highway Program. Authorized on November 14, 2012, by Resolution No. 12-2755 to approve payment of $800,000 for FY 2012-13 Program Expenses for the Southern Dallas Highway Program.
This item is scheduled to be briefed to the Public Safety Committee on January 13, 2014 FISCAL INFORMATION $600,000 Current Funds Council District 1 - $66,666 Council District 2 - $66,666 Council District 3 - $66,666 Council District 4 - $66,667 Council District 5 - $66,667 Council District 6 - $66,667 Council District 7 - $66,667 Council District 8 - $66,667 Council District 14 -$66,667
Agenda Date 01/22/2014 - page 2
COUNCIL CHAMBER
January 22, 2014 WHEREAS, Dallas County maintains a highway traffic program for limited-access
facilities in portions of Dallas County (Traffic Program); and WHEREAS, the Parties previously agreed upon a funding strategy for the Traffic Program to address an expected shortfall for FY2012 and FY2013; and WHEREAS, given the success of the funding strategy for FY2012 and FY2013, the
Parties now desire to enter into an agreement concerning the funding for the Traffic Program for FY2014; and WHEREAS, in consideration of these premises, Dallas County, the City of Dallas, the
Regional Transportation Council, and the North Central Texas Council of Governments agree to reimburse program expenses associated with the Dallas County Highway Traffic Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. The City Manager is hereby authorized to reimburse Dallas County for reimbursement of program expenses associated with the Dallas County Highway Traffic Program for the period October 1, 2013 through September 30, 2014. Section 2. That the City Controller is authorized to pay Dallas County Sheriffâ&#x20AC;&#x2122;s Office (Vendor Number 014003) an amount not to exceed $600,000 from Fund 0001, Department DPD, Unit 2121, Object 3070, Encumbrance No. PX2121CR14C24. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.
AGENDA ITEM # 17 KEY FOCUS AREA:
Public Safety
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
N/A
DEPARTMENT:
Police City Attorney's Office
CMO:
Ryan S. Evans, 671-9837 Warren M.S. Ernst, 670-3491
MAPSCO:
N/A ________________________________________________________________
SUBJECT An ordinance amending Chapter 42 of the Dallas City Code to: (1) define terms; (2) establish requirements, procedures, fees, qualifications, and defenses for the registration of home solicitors; (3) regulate the time and manner in which home solicitations may be conducted on residential premises; (4) provide recordkeeping requirements for home solicitors; (5) provide for signs to prohibit home solicitors on residential premises; (6) delete certain consumer solicitation provisions now regulated by state law; and (7) make certain nonsubstantive changes - Financing: No cost consideration to the City BACKGROUND Currently, there is limited regulation regarding persons conducting home solicitations in residential areas of the city. The city has received numerous complaints regarding door to door solicitors entering on property to sell products or services or to distribute commercial printed matter. Citizens have also expressed concerns that these home solicitations result in criminal activity and disturb their peace. The proposed amendments to Chapter 42 of the Dallas City Code would create a registration process and other requirements for home solicitors, whether they are selling products or services or distributing commercial printed matter personally or through an agent. The registration would involve a background check and the issuance of an identification card that would be displayed by the solicitor. Some defenses to the registration requirement would be provided, such as for educational, charitable, religious, and political solicitations; solicitations conducted at the invitation or request of the property owner or occupant; and newspaper sales and deliveries requested by the property owner or occupant. The use of adhesives or other damaging materials to leave commercial printed matter on residential premises would be prohibited. A violation of the proposed ordinance would be punishable by a fine of up to $500.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed to the City Council on April 4, 2012. Briefed to the Quality of Life and Government Services Committee on January 9, 2012, August 14, 2012 and April 2, 2013 and the Quality of Life and Environment Committee on December 9, 2013. The Public Safety Committee will be briefed by memorandum on January 13, 2014, regarding this item. FISCAL INFORMATION No cost consideration to the City
Agenda Date 01/22/2014 - page 2
12/20/2013
ORDINANCE NO.___________________
An ordinance amending CHAPTER 42, â&#x20AC;&#x153;SOLICITORS,â&#x20AC;? of the Dallas City Code, as amended; defining terms; establishing requirements, procedures, fees, qualifications, and defenses for the registration of home solicitors; regulating the time and manner in which home solicitations may be conducted on residential premises; providing recordkeeping requirements for home solicitors; providing for signs to prohibit home solicitors on residential premises; deleting certain consumer solicitation provisions now regulated by state law; making certain semantic, grammatical, and structural changes; providing a penalty not to exceed $500; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city has received numerous and continuous complaints from citizens about persons going onto residential premises (including premises that contain conspicuous signs prohibiting solicitations) to solicit, sell, or take orders for goods and services and to distribute commercial printed matter; and WHEREAS, those citizens have expressed concerns that such solicitations result in criminal activity (including burglary and fraud) and disturb the privacy of their homes; and WHEREAS, the city council believes that establishing a registration program for those home solicitors will protect the citizens against criminal activity (including, but not limited to, burglary and fraud), minimize the unwelcome disturbance of citizens and the disruption of their privacy, and otherwise preserve the public health, safety, and welfare; and
1
WHEREAS, the city council believes it is in the interest of the public health, safety, and welfare to prohibit persons convicted of certain crimes from being home solicitors in the city of Dallas; and WHEREAS, the city council, in accordance with Chapter 53 of the Texas Occupations Code, has considered the following criteria: (1)
the nature and seriousness of the crimes;
(2)
the relationship of the crimes to the purposes for requiring a certificate of
registration to engage in the occupation; (3)
the extent to which a certificate of registration might offer an opportunity to
engage in further criminal activity of the same type as that in which the person previously has been involved; and (4)
the relationship of the crimes to the ability, capacity, or fitness required to
perform the duties and discharge the responsibilities of the registered occupation; and has determined that the crimes listed in Section 42-9(a)(2) of CHAPTER 42, "SOLICITORS," of the Dallas City Code, as set forth in this ordinance, are serious crimes that are directly related to the duties and responsibilities of a home solicitor, whose job is to solicit, sell, and take orders for goods and services, and to distribute commercial printed matter, on residential premises in the city; and WHEREAS, the city council has determined that the very nature of the occupation of a home solicitor brings such a person into constant contact with the public, which gives the person repeated opportunities to participate in crimes of violence or dishonesty, or crimes against the public health, safety, or morals, should the person be so inclined, and, thus, it is the opinion of the city council that the crimes listed in Section 42-9(a)(2), as set forth in this ordinance, render a
2
person unable, incompetent, and unfit to perform the duties and responsibilities of a home solicitor in a manner that would promote the public safety and trust; and WHEREAS, the city council has determined that no person who has been convicted of a crime listed in Section 42-9(a)(2), as set forth in this ordinance, is presently fit to engage in home solicitation in the city until the respective time periods designated in that section have expired, and, thus, should be disqualified from being issued a certificate of registration as a home solicitor until the expiration of those time periods; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That CHAPTER 42, “SOLICITORS,” of the Dallas City Code, as amended, is amended to read as follows: “CHAPTER 42 HOME SOLICITATIONS [SOLICITORS] ARTICLE I. GENERAL [RESERVED].
SEC. 42-1.
PURPOSE [SECS. 42-1 THRU 42-12. RESERVED].
The purpose of this chapter is to protect against criminal activity (including, but not limited to, burglary and fraud), to minimize the unwelcome disturbance of citizens and the disruption of privacy, and to otherwise preserve the public health, safety, and welfare by providing a registration program for home solicitors. SEC. 42-2.
DEFINITIONS.
In this chapter: (1)
AGENT means any person employed by or contracting with a home
solicitor. (2) CERTIFICATE OF REGISTRATION or REGISTRATION means a certificate of registration issued to a home solicitor under this chapter.
3
(3)
CHIEF means the chief of police for the city of Dallas or a designated
representative. (4) COMMERCIAL PRINTED MATTER means any printed or written matter, whether on a sample, device, dodger, circular, leaflet, pamphlet, paper, or booklet, and whether printed, reproduced, or copied that: (A)
advertises for sale any merchandise, product, commodity, or
service; (B) directs attention to a business or commercial establishment or other activity for the purpose of either directly or indirectly promoting sales; (C) directs attention to or advertises a meeting, performance, exhibition, or event, for which an admission fee is charged for the purpose of private gain or profit, unless an admission fee is charged or a collection is taken up at the meeting, performance, exhibition, or event only for the purpose of defraying the expenses; or (D) while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as the advertiser or distributor. (5) CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. (6)
DISTRIBUTION means:
(A) to hand or attempt to hand commercial printed matter to an owner or occupant of a residential premises or to any other person then present on the residential premises; or (B)
to place, deposit, or distribute commercial printed matter on
residential premises. (7)
GOODS means property of every kind.
(8) HOME SOLICITATION means the business of soliciting, selling, or taking orders for goods or services or distributing commercial printed matter by going to one or more residential premises in the city in person or by an agent. (9)
HOME SOLICITOR means a person who engages in home solicitations.
(10) IDENTIFICATION BADGE means a badge issued to a registrant under this chapter that contains:
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(A)
the registrant’s photograph;
(B)
the number and expiration date of the registrant’s certificate of
registration; and (C) the phrase “Home Solicitor Registered under Chapter 42 of the Dallas City Code,” or similar language approved by the chief. (11) PERSON means an individual, corporation, trust, partnership, association, or any other legal entity. (12) REGISTRANT means a person issued a certificate of registration as a home solicitor under this chapter. (13) RESIDENTIAL PREMISES means any dwelling, house, building, or other structure designed or used either wholly or in part for private residential purposes (whether inhabited, uninhabited, or vacant), including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to the dwelling, house, building, or other structure. (14) SEC. 42-3.
SERVICES means any work done for the benefit of another person. AUTHORITY OF CHIEF.
The chief shall implement and enforce this chapter and may by written order establish such rules, regulations, or procedures, not inconsistent with this chapter, as the chief determines are necessary to discharge any duty under or to effect the policy of this chapter. SEC. 42-4.
DELIVERY OF NOTICES.
Any written notice that the chief is required to give an applicant or registrant under this chapter is deemed to be delivered: (1)
on the date the notice is hand delivered to the applicant or registrant; or
(2) three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or registrant at the address provided for the applicant or registrant in the most recent registration application. SEC. 42-5.
VIOLATIONS; PENALTY.
(a) A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense for: (1) each day or portion of a day during which a violation is committed, permitted, or continued; 5
(2) each item placed, deposited, or distributed on residential premises in violation of this chapter; and (3) each residential premises to which a home solicitation is conducted in violation of this chapter. (b)
An offense under this chapter is punishable by a fine of not more than $500.
(c) The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code. (d) The penalties provided for in Subsection (b) are in addition to any other enforcement remedies and penalties that the city may have under city ordinances and state law. SEC. 42-6.
PRESUMPTION OF PRINTED MATTER.
DISTRIBUTION
OF
COMMERCIAL
Whenever commercial printed matter is placed, deposited, or distributed, or caused to be placed, deposited, or distributed, in violation of this chapter, it is presumed that the person named on the commercial printed matter is the person who committed the violation, either personally or through an agent.
ARTICLE II [I-a]. REGISTRATION OF HOME SOLICITORS [RESERVED].
SEC. 42-7.
(a)
REGISTRATION REQUIRED; DEFENSES [SECS. 42-13 THRU 4216. RESERVED]. A person commits an offense if, within the city, the person:
(1) personally, by an agent, or as the agent of another, engages in a home solicitation without a valid certificate of registration issued to the person under this chapter; (2) engages in a home solicitation by using an agent who does not hold a valid certificate of registration issued under this chapter; or (3) engages in a home solicitation by acting as an agent of another person who does not hold a valid certificate of registration issued under this chapter. (b)
It is a defense to prosecution under Subsection (a) that:
(1) the person was soliciting for a noncommercial purpose, including but not limited to a charitable, educational, civic, patriotic, philanthropic, political, or religious purpose;
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(2) the person was on the residential premises by express invitation of the owner, occupant, or other person in control of the premises; (3) the person was a wholesale agent or factory representative who sells or exhibits for sale goods, wares, or merchandise and was conducting business with a person engaged in the business of buying, selling, and dealing in the same type of goods, wares, or merchandise; (4) the person was soliciting newspaper sales, or delivering newspapers pursuant to a request by or contract with the owner, occupant, or other person in control of a residential premises; (5) the solicitation, sale, or taking of orders for goods or services took place upon residential premises owned, leased, or controlled by the person or by the person's employer; (6) the person was a governmental entity, or an officer, employee, or agent of a governmental entity, placing a notice or other information on the premises in the performance of official duties; or (7) the person was the United States Postal Service or a private courier service registered with the Federal Motor Carrier Safety Administration, or an employee or agent of those services, delivering an item of mail, a notice, or a package to the premises. (c) Before taking any enforcement action under this section, the chief, any police officer, or any city code enforcement officer shall ask the apparent offender's reason for being on the residential premises or for depositing any item on the premises. The chief, the police officer, or the city code enforcement officer shall not issue a citation or make an arrest under this section unless he or she reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (b) is present. SEC. 42-8.
APPLICATION FOR REGISTRATION; FEE; EXPIRATION; NONTRANSFERABILITY; MATERIAL CHANGES.
(a) To obtain a certificate of registration to conduct home solicitations, a person must file a written application with the chief on a form provided for that purpose. The application must include the following: (1)
If the applicant is a company: (A)
the company name, address, and telephone number;
(B)
the name, address, telephone number, and title of each of its
officers;
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(C)
the date and place of incorporation or establishment of the
business; and (D) the name, address, and telephone number of each person who will be conducting a home solicitation in the city for the applicant. (2)
If the applicant is an individual: (A)
the applicant's name, address, and telephone number;
(B) the name, address, and telephone number of any individual or company for which the applicant is acting as an agent; (C) the name, address, and telephone number of each person who will be conducting a home solicitation in the city for the applicant; (D) a photograph of the applicant, taken within the preceding 12 months, that clearly depicts the applicant’s facial features; and (E) the applicant’s date of birth and driver’s license number (with the state of issuance) or, if the applicant does not have a driver’s license, the number from another government-issued personal identification card containing the applicant’s photograph and date of birth. (3) The names of other communities in which the applicant has worked as a home solicitor in the past 12 months and, if the applicant was an agent of different companies in the other communities, the names of those companies. (4) The nature, character, and quality of the goods or services to be advertised, offered for sale, or delivered as part of the home solicitation. (5) Whether the applicant, upon obtaining an order for goods or services, will demand, accept, or receive payment or a deposit of money in advance of final delivery of the goods or services. (6) The dates, times, and locations for which the applicant proposes to conduct home solicitations in the city. (7)
An outline of the method or methods to be used in conducting the home
solicitations. (8) Whether the applicant has been convicted of any crime listed in Section 42-9(a)(2)(A) within the time period listed in Section 42-9(a)(2)(B), and the applicant’s signed consent authorizing the city to obtain a criminal history report on the applicant.
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(9) Proof that the applicant possesses all licenses or permits required by this code or by state or federal law for the operation of the proposed business. (10) If the applicant is an agent of an individual or company, written proof of the applicantâ&#x20AC;&#x2122;s authority to represent the individual or company. (11) Any other information the chief determines necessary to the enforcement and administration of this chapter. (b) An application filed under this section must be accompanied by a nonrefundable registration fee of $50. (c) A certificate of registration expires one year after the date of issuance. Upon expiration, the registrant may apply for a registration renewal in the same manner prescribed by this section for a new registration. (d) Neither a certificate of registration nor an identification badge is transferable from one person to another, but both may be used by the registrant to act as an agent for different individuals or companies during the registration term if the chief is notified in accordance with Subsection (e). (e) A registrant shall notify the chief within 10 days after any material change in the information on the application during the registration term. A material change includes, but is not limited to: (1) (2) registrantâ&#x20AC;&#x2122;s agent; (3)
when a registrant becomes an agent for another individual or company; when a registrant terminates an individualâ&#x20AC;&#x2122;s authority to serve as the
a change in the nature, character, and quality of the goods or services; or
(4) a change in the dates, times, and locations proposed for conducting home solicitations in the city. SEC. 42-9.
ISSUANCE, DENIAL, AND DISPLAY OF REGISTRATION; IDENTIFICATION BADGE.
(a) The chief shall issue a certificate of registration to the applicant within 30 days after receipt of the application unless any of the following applies: (1) The applicant has failed to provide material information requested or made a false statement of a material fact on the application form or in a hearing concerning the application or registration. (2)
The applicant has been convicted of a crime:
9
(A)
involving: (i)
criminal homicide as described in Chapter 19 of the Texas
(ii)
kidnapping as described in Chapter 20 of the Texas Penal
(iii)
a sexual offense as described in Chapter 21 of the Texas
(iv) Texas Penal Code, as amended;
an assaultive offense as described in Chapter 22 of the
(v)
robbery as described in Chapter 29 of the Texas Penal
(vi)
burglary as described in Chapter 30 of the Texas Penal
Penal Code, as amended;
Code, as amended;
Penal Code, as amended;
Code, as amended;
Code, as amended; (vii) theft as described in Chapter 31 of the Texas Penal Code, as amended, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a home solicitation business; (viii) fraud as described in Chapter 32 of the Texas Penal Code, as amended, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a home solicitation business; (ix) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, as amended, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law; or (x) criminal attempt to commit any of offenses listed in Paragraph (2) (A) (i) through (ix) of this subsection; (B)
for which:
(i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; (ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or
10
(iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses. (3) The applicant has failed to provide proof of a license or permit required by this code or another city ordinance or by state law for the operation of the proposed business. (4) The applicant or an agent, individually or cumulatively, has been convicted of two violations of this chapter, other than the offense of conducting a home solicitation without a certificate of registration, within the 24 months immediately preceding the application. (5)
The required registration fee has not been paid.
(6) The applicant has failed to comply with or the proposed business will violate any applicable ordinance or regulation of the city or applicable state or federal law. (b) If the chief determines that a certificate of registration should be denied the applicant, the chief shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal. (c) Upon issuing a certificate of registration, the chief shall also issue the registrant an identification badge. At all times the registrant is conducting home solicitations in the city, the registrant shall prominently display the identification badge on the registrant’s clothing and maintain the certificate of registration on the registrant’s person. The registrant shall allow the certificate of registration and the identification badge to be examined upon request by the chief, any police officer, any city code enforcement officer, or the owner or occupant of the residential premises on which a home solicitation is being conducted. (d) If a registrant’s identification badge is lost, mutilated, or destroyed, the chief shall issue the registrant a duplicate identification badge upon payment of a $10 duplicate badge fee. SEC. 42-10.
SUSPENSION.
(a) The chief may suspend a certificate of registration for a definite period of time not to exceed 30 days if the chief determines that: (1) a violation of this code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, by the registrant or the registrant’s agent has occurred; or (2) the registrant or a representative authorized to supervise the registrant’s agents has failed to establish policy and take action to discourage, prevent, or correct violations of this chapter by agents.
11
(b) The chief shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the suspension and notifying the registrant of the right to appeal. A timely request for appeal by the registrant stays the effect of the suspension unless the chief determines that an emergency exists. (c) For purposes of this section, an emergency exists if the chief determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the chief may order the registrant or the registrantâ&#x20AC;&#x2122;s representative to correct the violation immediately or cease home solicitations to the extent the chief determines is necessary to abate the threat until the violation is corrected. SEC. 42-11. (a)
REVOCATION. The chief shall revoke a certificate of registration if the chief determines that:
(1) the registrant or an agent of the registrant, individually or cumulatively, has been convicted in any court of two violations of this code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, within a 12-month period (the fact that a conviction is being appealed has no effect); (2) the registrant has given false or misleading information of a material nature or has withheld material information on the application or in any hearing concerning the application or registration; (3) the registrant or an agent of the registrant has intentionally or knowingly impeded a lawful inspection by the chief, the chief's authorized representative, or any representative of another department who has the authority to inspect the registrant and the registrantâ&#x20AC;&#x2122;s business procedure; or (4) a cause for suspension under Section 42-10 occurs and the certificate of registration has been suspended within the preceding 12 months. (b) The chief shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the revocation and notifying the registrant of the right to appeal. (c) If the chief revokes a certificate of registration, the fee already paid for the registration will be forfeited. A person whose certificate of registration has been revoked under this section may not apply for or be issued a new registration for a period of one year after the date the revocation took effect, except that, if the chief determines that the basis for the revocation has been corrected, the person may apply for and be issued a new certificate of registration if at least 90 days have elapsed since the date the revocation took effect.
12
SEC. 42-12.
APPEALS.
If the chief denies issuance or renewal of a certificate of registration or suspends or revokes a certificate of registration, this action is final unless the applicant or registrant files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code.
ARTICLE III. MISCELLANEOUS REQUIREMENTS FOR HOME SOLICITATIONS.
[SEC. 42-17.
DEFINITIONS.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) BUSINESS DAY means any calendar day except Saturday, Sunday or any state or national holiday. (b) CONSUMER means an individual who seeks or acquires real or personal property, services, money, or credit for personal, family, or household purposes. (c) CONSUMER TRANSACTION means a sales transaction in which one or more of the parties is a consumer. (d) HOME SOLICITATION TRANSACTION means a consumer transaction for the purchase of goods, services, or realty, payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence, in person or by telephone, and the consumer's agreement or offer to purchase is given at the residence to the merchant either in person or by telephone. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale; or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker. (e)
MERCHANT means a party to a consumer transaction other than a consumer.
(f) PERSON means an individual, corporation, trust, partnership, association, or any other legal entity. (g) RESIDENCE means any separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.]
13
SEC. 42-13 [18].
TIME AND MANNER FOR CONDUCTING HOME SOLICITATIONS [PERMITTED ONLY DURING CERTAIN HOURS].
(a) A person commits an offense if the person conducts or attempts to conduct (either personally or through an agent) [shall not go upon any residential premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of engaging in or attempting to engage in] a home solicitation at a residential premises [transaction]: (1) before 9:00 a.m. or after [30 minutes following] sunset of any day, Monday through Saturday; [or] (2)
at any time on a Sunday; or
(3) at any time on [,] New Year's Day, Martin Luther King, Jr. Day, Presidentsâ&#x20AC;&#x2122; Day (Washingtonâ&#x20AC;&#x2122;s Birthday), Memorial Day, Independence Day (July 4th), Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, or Christmas Day. (b) It is a defense to prosecution under Subsection (a) that the [shall not apply to a] visit to the residential premises was the [as a] result of a request or an appointment made by the owner or occupant. (c) [A person shall not contact by telephone the occupant of a residence for the purpose of engaging in or attempting to engage in a home solicitation transaction before 9:00 a.m. or after 9:00 p.m. of any day, Monday through Saturday, or at any time on a Sunday, New Year's Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day. (d)] In this section "sunset" means the time of day published on the weather page of the Dallas Morning News [official newspaper of the city] as the time for sunset on that day in the city. (d) A person shall conduct a home solicitation only at the front or main entrance to the residential premises, and shall only gain access to the front or main entrance by using public sidewalks and paved approaches to the entrance. It is a defense to prosecution under this subsection that the owner or occupant of the residential premises consented to another location or manner of access for the home solicitation. (e) A home solicitor commits an offense if he uses any adhesive material, or other material that may cause damage to a door or property, when placing, depositing, or distributing commercial printed matter on residential premises.
14
[SEC. 42-19.
CONSUMER'S RIGHT TO CANCEL IF SOLICITATION IS IN PERSON.
(a) In addition to other consumer rights to revoke an offer or to rescind a transaction, or to any other remedy for a merchant's breach, the merchant shall provide to the consumer the right to cancel a home solicitation transaction made in person in which the consideration exceeds $5, until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase in a home solicitation transaction. (b) Every merchant in a home solicitation transaction made in person in which the consideration exceeds $5, shall furnish the consumer with a fully completed receipt or copy of any contract pertaining to the home solicitation transaction at the time of its execution, which is in the same language, e.g., Spanish, as that principally used in the oral sales presentation and which shows the date of the transaction and contains the name, address and telephone number of the merchant, and in immediate proximity to the space reserved in the contract for the signature of the consumer or on the front page of the receipt, if a contract is not used, and in bold face type of a minimum size of 10 points, a statement in substantially the following form: "YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT." (c) A merchant in a home solicitation transaction made in person in which the consideration exceeds $5, shall furnish each consumer, at the time he signs the home solicitation transaction contract or otherwise agrees to buy realty, consumer goods, or services from the merchant, a completed form in duplicate, captioned "Notice of Cancellation," which shall be attached to the contract or receipt and easily detachable, and which shall contain in bold face type of a minimum size of 10 points the following information and statements in the same language, e.g., Spanish, as that used in the contract: "NOTICE OF CANCELLATION (enter date of transaction) YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT'S EXPENSE AND RISK. 15
IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT AND IF THE MERCHANT DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (Name of merchant) AT (Address of merchant's place of business) NOT LATER THAN MIDNIGHT OF (Date).
I HEREBY CANCEL THIS TRANSACTION. (Date) (Buyer's Signature)" (d) Notification by mail shall be considered given at the time mailed as evidenced by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the merchant's designated place of business. (e) Before furnishing copies of the "Notice of Cancellation" to the consumer, a merchant shall complete both copies by entering the name of the merchant, the address of the merchant's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the consumer may give notice of cancellation. (f) A merchant shall not include in any home solicitation transaction contract or receipt any confession of judgment or any waiver of any of the rights to which the consumer is entitled under this including specifically his right to cancel the transaction in accordance with the provisions of this article. (g) A merchant in a home solicitation transaction in which the consideration exceeds $5, shall inform each consumer orally, at the time the consumer signs the contract or purchases the realty, goods, or services, of the consumer's right to cancel. (h)
A merchant shall not misrepresent in any manner the consumer's right to cancel.
(i) A merchant shall honor any valid notice of cancellation by a consumer and, within 10 business days after the receipt of the notice, a merchant shall: (1)
refund all payments made under the contract or sale;
(2) return any goods or property traded in, in substantially as good condition as when received by the merchant;
16
(3) cancel and return any negotiable instrument executed by the consumer in connection with the contract of sale and take any action necessary or appropriate to terminate promptly any security interest created in the transaction; and (4) restore improvements on real property to the condition in which he found them unless requested otherwise by the consumer. (j) No merchant shall negotiate, transfer, sell, or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the contract was signed or the goods or services were purchased. (k) No merchant shall fail, within 10 business days of receipt of the consumer's notice of cancellation, to notify the consumer whether the licensee intends to repossess or to abandon any shipped or delivered goods. (l) This section shall not apply to a home solicitation transaction in which the consideration does not exceed $25 if: (1)
the consumer may within a reasonable time: (A)
cancel the order;
(B)
refuse to accept the goods when delivered without obligation to
pay for them; or (C) return the goods to the seller and receive a full refund for any amount the consumer has paid; and (2) the consumer's right to cancel the order, refuse delivery, or return the goods without obligation or charge is clearly and legibly printed on the face or reverse side of the sales ticket or clearly and legibly printed in or on the package. SEC. 42-20.
CONSUMER'S RIGHT TO CANCEL IF SOLICITATION IS BY TELEPHONE.
If a merchant engages in a home solicitation transaction by telephone in which the consideration exceeds $5, the provisions of Section 42-19 apply, except as follows: (a) The merchant shall provide to the consumer the right to cancel a home solicitation transaction made by telephone until midnight of the third business day after the day on which the consumer receives the goods, services, or realty purchased in a home solicitation transaction. (b) Every merchant in a home solicitation transaction made by telephone shall furnish the consumer with a fully completed receipt or copy of any transaction pertaining to the home solicitation transaction at the time of the receipt by the consumer of the goods, services, or realty purchased in a home solicitation transaction.
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(c) A merchant in a home solicitation transaction made by telephone shall furnish each consumer, at the time the consumer receives the goods, services or realty purchased in the home solicitation transaction, the form required pursuant to Section 42-19(c). For purposes of a telephone solicitation, date of transaction means the day that the consumer receives the goods, services, or realty purchased in a home solicitation transaction. (d) No merchant shall negotiate, transfer, sell, or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the consumer receives the goods, services or realty purchased in a home solicitation transaction made by telephone. (e)
This section shall not apply to a home solicitation transaction if: (1)
the consumer may within a reasonable time: (A)
cancel the order;
(B)
refuse to accept the goods when delivered without obligation to
pay for them; or (C) return the goods to the seller and receive a full refund for any amount the consumer has paid; and (2) the consumer's right to cancel the order, refuse delivery, or return the goods without obligation or charge is clearly and legibly printed on the face or reverse side of the sales ticket or clearly and legibly printed in or on the package.] SEC. 42-14 [21].
EXHIBITING SIGNS [CARD] PROHIBITING HOME SOLICITORS.
(a) Any person[,] desiring to prohibit [that no merchant or other person engage in a] home solicitations on the personâ&#x20AC;&#x2122;s residential premises [at his residence,] shall exhibit in a conspicuous place upon or near the front or main entrance to the residential premises [residence,] a weatherproof sign [card, not less than three inches by four inches in size,] containing the words, "NO SOLICITORS OR HANDBILLS,â&#x20AC;? or any similar notice indicating that the occupants of the premises do not desire to be bothered, have their right of privacy disturbed, or have commercial printed matter left upon the premises. [" The letters shall be not less than twothirds of an inch in height.] (b) Every home solicitor, before [merchant upon] going onto any residential premises, or placing, depositing, or distributing commercial printed matter upon any residential premises, [upon which a residence is located] shall first examine the premises [residence] to determine if any sign [notice] prohibiting home solicitations [soliciting] is exhibited upon or near the front or main entrance to the premises [residence]. If such a sign [notice prohibiting soliciting] is exhibited, the home solicitor [merchant] shall immediately depart from the premises without disturbing the owner or occupant or leaving any commercial printed matter. It is a
18
defense to prosecution under this subsection that [, unless] the visit was [is] the result of a request or an appointment made by the owner or occupant or that the particular commercial printed matter was left on the premises with the express consent of the owner or occupant. (c) A [No] person commits an offense if the person, either personally or through an agent, engages [shall go upon any residential premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence, for the purpose of securing an audience with the occupant and engaging] in or attempts [attempting] to engage in a home solicitation at a residential premises [transaction,] if a sign [card as described in Subsection (a) above] is exhibited on the premises in accordance with Subsection (a). It is a defense to prosecution under this subsection that [a conspicuous place upon or near the main entrance to the residence, unless] the visit was [is] the result of a request or an appointment made by the owner or occupant of the residential premises or that the particular commercial printed matter was left on the premises with the express consent of the owner or occupant. (d) A [No] person commits an offense if the person [, other than the occupant of the residence, shall] removes, defaces, or renders illegible[,] a sign [card] placed by the owner or occupant on residential premises in accordance with [pursuant to] Subsection (a) of this section [above]. It is a defense to prosecution under this subsection that the person was the owner or occupant of the premises or an agent of the owner or occupant. (e) Any home solicitor [merchant] who has gained entrance to a residential premises [residence], or an audience with the owner or occupant, whether invited or not, shall immediately depart from the premises without disturbing the owner or occupant further when requested to leave by the owner or occupant. SEC. 42-15.
RECORDS.
(a) Any registrant who uses an agent to conduct home solicitations in the city shall maintain records containing: (1) the names, addresses, and telephone numbers of all persons the registrant contracts with or employs to engage in home solicitations in the city; (2) each agent’s date of birth and driver’s license number (with the state of issuance) or, if the agent does not have a driver’s license, the number from another governmentissued personal identification card containing the agent’s photograph and date of birth; and (3) the dates, times, and locations of each home solicitation conducted by the registrant or the registrant’s agent in the city. (b) Records required by Subsection (a) must be maintained by the registrant for at least one year and must be made available for examination by the chief, any police officer, or any city code enforcement officer at reasonable times upon request.
19
[SEC. 42-22.
EXEMPTION.
A person holding a charitable solicitation permit pursuant to the provisions of Article I of this chapter, while engaging in the charitable solicitation authorized, shall be exempted from the provisions of this article.]â&#x20AC;? SECTION 2. That CHAPTER 42 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. Any proceeding, civil or criminal, based upon events that occurred prior to the effective date of this ordinance are saved, and the former law is continued in effect for that purpose. SECTION 3. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. SECTION 4. That this ordinance will take effect on April 22, 2014, and it is accordingly so ordained.
APPROVED AS TO FORM: WARREN M. S. ERNST, City Attorney
By Assistant City Attorney Passed LC/DCC/00510A
20
AGENDA ITEM # 18 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
6, 9, 10, 13, 14
DEPARTMENT:
Public Works Department Water Utilities
CMO:
Jill A. Jordan, P.E., 670-5299 Forest E. Turner, 670-3390
MAPSCO:
23R 24N 27T U 34A 38K L 42G 45F ________________________________________________________________
SUBJECT Authorize a professional services contract with BDS Technologies, Inc. for the engineering design of seven alley petition projects and two street petition projects (list attached) - Not to exceed $284,659 - Financing: 2012 Bond Funds ($128,737), General Obligation Commercial Paper Funds ($78,342) and Water Utilities Capital Improvement Funds ($77,580) BACKGROUND This action will provide for the engineering design of seven alley petition projects and two street petition projects. Alley petition projects will consist of 10-foot wide reinforced concrete pavement with water and wastewater main improvements. Street petition projects will consist of 26 or 36-foot wide reinforced concrete pavement with storm drainage, water and wastewater main improvements. Following are the locations, and design costs for each project. The consulting firm was selected following a qualifications-based selection process in accordance with the City of Dallas procurement guidelines.
Alley Petition Improvements Alley between Capps Drive and Rexford Drive from Lemmon Avenue parallel to Glencrest Lane
Council District 13
Amount $ 15,527.75
BACKGROUND (Continued)
Alley Petition Improvements
Council District
Amount
Alley between Hibernia Street and McKinney Avenue from Routh Street to Boll Street
14
$ 15,949.50
Alley between Hibernia Street and State Street from Boll Street to Worthington Street
14
$ 17,974.00
Alley between Hurley Way and Lenel Place from Williamsburg Road to "T" alley south of Walnut Hill Lane
6
$ 23,632.50
Alley between Manana Drive and Park Lane from Larga Drive to Marsh Lane
6
$ 59,390.00
Alley between State Street and Thomas Avenue from Routh Street to Boll Street
14
$ 18,010.00
Alley southwest and parallel to Shoreview Road from Forest Trail to Nimrod Trail
10
$ 28,787.75
Palacios Avenue from Ottawa Road to Canada Drive
6
$ 60,425.25
Stevens Street from Cayuga Drive to Davilla Avenue and Davilla Avenue from Stevens Street to Drake Street
9
$ 44,962.00
Street Petition Improvements
ESTIMATED SCHEDULE OF PROJECTS Begin Design
Complete Design
Capps Dr. & Rexford Dr. from Lemmon Ave. parallel to Glencrest Ln.
March 2014
October 2014
Hibernia St. & McKinney Ave. from Routh St. to Boll St.
March 2014
October 2014
Alley Petition Projects
Agenda Date 01/22/2014 - page 2
ESTIMATED SCHEDULE OF PROJECTS (Continued) Begin Design
Complete Design
Hibernia St. & State St. from Boll St. to Worthington St.
March 2014
October 2014
Hurley Way & Lenel Pl. from Williamsburg Rd. to "T" alley south of Walnut Hill Ln.
March 2014
October 2014
Manana Dr. & Park Ln. from Larga Dr. to Marsh Ln.
March 2014
October 2014
State St. & Thomas Ave. from Routh St. to Boll St.
March 2014
October 2014
Alley southwest & parallel to Shoreview Rd. from Forest Trl. to Nimrod Trl.
March 2014
October 2014
Palacios Ave. from Ottawa Rd. to Canada Dr.
March 2014
October 2014
Stevens St. from Cayuga Dr. to Davilla Ave. and Davilla Ave. from Stevens St. to Drake St.
March 2014
October 2014
Alley Petition Improvements
Street Petition Improvements
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2012 Bond Funds - $128,736.50 2012 Bond Program (General Obligation Commercial Paper Funds) - $78,342.25 Water Utilities Capital Improvement Funds - $77,580.00
Agenda Date 01/22/2014 - page 3
FISCAL INFORMATION (Continued) Council District
Amount
6 9 10 13 14
$143,447.75 $ 44,962.00 $ 28,787.75 $ 15,527.75 $ 51,933.50
Total
$284,658.75
Alley Petition Improvements Alley between Capps Dr. & Rexford Dr. from Lemmon Ave. parallel to Glencrest Ln. Design - PBW Construction Total
$ 15,527.75 $ 97,949.50 (est.) $113,477.25 (est.)
Alley between Hibernia St. & McKinney Ave. from Routh St. to Boll St. Design - PBW Design - DWU Construction Total
$ 11,414.50 $ 4,535.00 $115,045.70 (est.) $130,995.20 (est.)
Alley between Hibernia St. & State St. from Boll St. to Worthington St. Design - PBW Design - DWU Construction Total
$ 13,524.00 $ 4,450.00 $128,315.02 (est.) $146,289.02 (est.)
Alley between Hurley Way & Lenel Place from Williamsburg Rd. to "T" alley south of Walnut Hill Ln. Design - PBW Construction Total
$ 23,632.50 $167,930.40 (est.) $191,562.90 (est.)
Agenda Date 01/22/2014 - page 4
FISCAL INFORMATION (Continued) Alley Petition Improvements Alley between Manana Dr. & Park Ln. from Larga Dr. to Marsh Ln. Design - PBW Design - DWU Construction Total
$ 29,490.00 $ 29,900.00 $548,265.30 (est.) $607,655.30 (est.)
Alley between State St. & Thomas Ave. from Routh St. to Boll St. Design - PBW Design - DWU Construction Total
$ 11,715.00 $ 6,295.00 $152,113.72 (est.) $170,123.72 (est.)
Alley southwest and parallel to Shoreview Rd. from Forest Trl. to Nimrod Trl. Design - PBW Design - DWU Construction Total
$ 23,432.75 $ 5,355.00 $227,394.42 (est.) $256,182.17 (est.)
Street Petition Improvements Palacios Ave. from Ottawa Rd. to Canada Dr. Design - PBW Design - DWU Construction Total
$ 40,705.25 $ 19,720.00 $536,651.94 (est.) $597,077.19 (est.)
Stevens St. from Cayuga Dr. to Davilla Ave. and Davilla Ave. from Stevens St. to Drake St. Design - PBW Design - DWU Construction Total
$ 37,637.00 $ 7,325.00 $381,184.54 (est.) $426,146.54 (est.)
M/WBE INFORMATION See attached.
Agenda Date 01/22/2014 - page 5
ETHNIC COMPOSITION BDS Technologies, Inc. Hispanic Female African-American Female Other Female White Female
1 1 0 3
Hispanic Male African-American Male Other Male White Male
1 2 1 2
OWNER BDS Technologies, Inc. Taoreed O. Badmus, Ph.D., P.E., President MAP(S) Attached.
Agenda Date 01/22/2014 - page 6
Alley and Street Petition Improvements with BDS Technologies, Inc.
Project
Council District
Amount
Alley Petition Improvements Alley between Capps Drive and Rexford Drive from Lemmon Avenue parallel to Glencrest Lane
13
$15,527.75
Alley between Hibernia Street and McKinney Avenue from Routh Street to Boll Street
14
$15,949.50
Alley between Hibernia Street and State Street from Boll Street to Worthington Street
14
$17,974.00
Alley between Hurley Way and Lenel Place from Williamsburg Road to "T" alley south of Walnut Hill Lane
6
$23,632.50
Alley between Manana Drive and Park Lane from Larga Drive to Marsh Lane
6
$59,390.00
Alley between State Street and Thomas Avenue from Routh Street to Boll Street
14
$18,010.00
Alley southwest and parallel to Shoreview Road from Forest Trail to Nimrod Trail
10
$28,787.75
Palacios Avenue from Ottawa Road to Canada Drive
6
$60,425.25
Stevens Street from Cayuga Drive to Davilla Avenue and Davilla Avenue from Stevens Street to Drake Street
9
$44,962.00
Street Petition Improvements
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a professional services contract with BDS Technologies, Inc. for the engineering design of seven alley petition projects and two street petition projects (list attached) - Not to exceed $284,659 - Financing: 2012 Bond Funds ($128,737), General Obligation Commercial Paper Funds ($78,342) and Water Utilities Capital Improvement Funds ($77,580) BDS Technologies, 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
Percent
Total local contracts Total non-local contracts
$269,908.75 $14,750.00
94.82% 5.18%
------------------------
------------------------
TOTAL CONTRACT
$284,658.75
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local
Certification
BDS Technologies, Inc. APM & Associates, Inc. Pacheco Koch
BMDB56499Y0214 BMMB57524Y0514 HMDB58816Y0914
Total Minority - Local
Amount
Percent
$205,167.50 $33,141.75 $31,599.50
76.01% 12.28% 11.71%
------------------------
------------------------
$269,908.75
100.00%
Amount
Percent
Non-Local Contractors / Sub-Contractors Non-local
Certification
Gorrondona & Associates, Inc.
HMMB57531Y0514
Total Minority - Non-local
$14,750.00
100.00%
------------------------
------------------------
$14,750.00
100.00%
TOTAL M/WBE CONTRACT PARTICIPATION Local
Percent
Local & Non-Local
Percent
African American Hispanic American Asian American Native American WBE
$238,309.25 $31,599.50 $0.00 $0.00 $0.00
88.29% 11.71% 0.00% 0.00% 0.00%
$238,309.25 $46,349.50 $0.00 $0.00 $0.00
83.72% 16.28% 0.00% 0.00% 0.00%
----------------------
----------------------
----------------------
-----------------------
Total
$269,908.75
100.00%
$284,658.75
100.00%
ALLEY PETITION Capps Dr & Rexford Dr from Lemmon Ave parallel to Glencrest Ln
[Mapsco 34A]
ALLEY PETITION Alley between Hibernia Street and McKinney Avenue from Routh Street to Boll Street
(Mapsco 45F]
ALLEY PETITION Alley between Hibernia Street and State Street from
Boll Street to Worthington Street
[Mapsco 45F]
ALLEY PETITION Alley between Hurley Way and Lenel Place from Williamsburg Road to "T" alley south of Walnut Hill Lane
[Mapsco 24N]
ALLEY PETITION Alley between Manana Drive and Park Lane from
Larga Drive to Marsh Lane
[Mapsco 23R}
ALLEY PETITION Alley between State Street and Thomas Avenue from Routh Street to Boll Street
(Mapsco 45F}
ALLEY PETITION Alley southwest and parallel to Shoreview Road from Forest Trail to Nimrod Trail
1 mile
Co
[Mapsco 27T & U}
STREET PETITION Palacios Ave from Ottawa Rd to Canada Dr IRVING BLVD 1
4J
20
2F
3A
3E
Twtn V
J
43N
[Mapsco 42G J
STREET PETITION Stevens St from Cayuga Dr to Davilla Ave and Davilla Ave from Stevens St to Drake St
[Mapsco 38 K & L]
COUNCIL CHAMBER
January 22, 2014 WHEREAS, BDS Technologies, Inc. was selected to provide the engineering design of seven alley petition projects and two street petition projects. 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 BDS Technologies, Inc. for the design of alley petition projects on alleys between: Capps Drive and Rexford Drive from Lemmon Avenue parallel to Glencrest Lane, Hibernia Street and McKinney Avenue from Routh Street to Boll Street, Hibernia Street and State Street from Boll Street to Worthington Street, Hurley Way and Lenel Place from Williamsburg Road to "T" alley south of Walnut Hill Lane, Manana Drive and Park Lane from Larga Drive to Marsh Lane, State Street and Thomas Avenue from Routh Street to Boll Street and alley southwest and parallel to Shoreview Road from Forest Trail to Nimrod Trail; and design of street petition projects on Palacios Avenue from Ottawa Road to Canada Drive and Stevens Street from Cayuga Drive to Davilla Avenue and Davilla Avenue from Stevens Street to Drake Street in an amount not to exceed $284,658.75, 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 1U22, Dept. PBW, Unit S210, Act. APET Obj. 4111, Program #PB12S210, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 15,527.75
Street and Transportation Improvements Fund Fund 1U22, Dept. PBW, Unit S201, Act. APET Obj. 4111, Program #PB12S201, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 11,414.50
Street and Transportation Improvements Fund Fund 1U22, Dept. PBW, Unit S202, Act. APET Obj. 4111, Program #PB12S202, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 13,524.00
Street and Transportation Improvements Fund Fund 1U22, Dept. PBW, Unit S203, Act. APET Obj. 4111, Program #PB12S203, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 23,632.50
COUNCIL CHAMBER
January 22, 2014 Street and Transportation Improvements Fund Fund 1U22, Dept. PBW, Unit S205, Act. APET Obj. 4111, Program #PB12S205, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 29,490.00
Street and Transportation Improvements Fund Fund 1U22, Dept. PBW, Unit S207, Act. APET Obj. 4111, Program #PB12S207, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 11,715.00
Street and Transportation Improvements Fund Fund 1U22, Dept. PBW, Unit S208, Act. APET Obj. 4111, Program #PB12S208, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 23,432.75
Street and Transportation Improvements Fund Fund 2U22, Dept. PBW, Unit S424, Act. STPT Obj. 4111, Program #PB12S424, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 40,705.25
Street and Transportation Improvements Fund Fund 2U22, Dept. PBW, Unit S426, Act. STPT Obj. 4111, Program #PB12S426, CT PBW12S201D1 Vendor #358484, in an amount not to exceed
$ 37,637.00
Water Capital Improvement Fund Fund 0115, Dept. DWU, Unit PW42, Act. RELP Obj. 4111, Program #714081, Rep. W3IZ, CT PBW714081CP Vendor #358484, in an amount not to exceed
$ 55,879.52
Wastewater Capital Improvement Fund Fund 0116, Dept. DWU, Unit PS42, Act. RELP Obj. 4111, Program #714082, Rep. T2UR, CT PBW714082CP Vendor #358484, in an amount not to exceed
$ 21,700.48
Total in an amount not to exceed
$284,658.75
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 # 19 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
7
DEPARTMENT:
Public Works Department Fire
CMO:
Jill A. Jordan, P.E., 670-5299 Charles Cato, 670-9194
MAPSCO:
46R ________________________________________________________________
SUBJECT Authorize a contract with RWC Enterprises, Inc., best value proposer of five, for the construction of the Fire Station No. 44 replacement facility located at 2025 Lagow Street - Not to exceed $3,809,000 - Financing: General Obligation Commercial Paper Funds BACKGROUND The existing Fire Station No. 44 located at 4114 Frank Street was constructed in 1959. Dallas citizens approved funding for replacement of this facility in the 2006 Bond Program. After a qualifications-based selection process, McAfee3 Architects was recommended as the most qualified firm for design of the replacement facility. Design was completed in August 2013. When built, the replacement facility will have two full bays and two half bays, totaling approximately 12,000 square feet. The facility was designed to achieve gold-level certification through Leadership in Energy and Environmental Design (LEED). In September 2013 RWC Enterprises, Inc. was selected as the best value proposer of five proposing firms following a Construction Request for Competitive Sealed Proposals in accordance with the City of Dallas procurement guidelines. This action will authorize a contract with RWC Enterprises, Inc. for the construction of the Fire Station 44 Replacement Facility located at 2025 Lagow Street in the amount of $3,809,000. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction
March 2011 August 2013 January 2014 January 2015
PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized acquisition of land at South Fitzhugh Avenue and Lagow Street for a Fire Station No. 44 replacement facility on March 25, 2009, by Resolution No. 09-0764. Authorized deposit of condemnation suit award for acquisition of land at South Fitzhugh Avenue and Lagow Street for a Fire Station No. 44 replacement facility on November 10, 2010, by Resolution No. 10-2831. Authorized a professional services contract with McAfee3 Architects to provide architectural and engineering services for design and construction administration of the Fire Station No. 44 replacement facility, located at the intersection of South Fitzhugh Avenue and Lagow Street on March 9, 2011, by Resolution No. 11-0647. FISCAL INFORMATION 2006 Bond Program (General Obligation Commercial Paper Funds) - $3,809,000 Land Acquisition Design Construction (this action) Furniture, Furnishings & Equipment Owner Development Expenses Contingency
$ 562,727 $ 419,630 $3,809,000 $ 100,000 (est.) $ 304,671 (est.) $ 611,222 (est.)
Total Project Cost
$5,807,250 (est.)
M/WBE INFORMATION See attached. ETHNIC COMPOSITION RWC Enterprises, Inc. Hispanic Female African-American Female Other Female White Female
0 0 0 0
Hispanic Male African-American Male Other Male White Male
10 3 0 5
Agenda Date 01/22/2014 - page 2
PROPOSAL INFORMATION In September 2013 RWC Enterprises, Inc. was selected as the best value proposer of five proposing firms following a Construction Request for Competitive Sealed Proposals in accordance with the City of Dallas procurement guidelines. Proposer *RWC Enterprises, Inc 3730 Dilido Rd Suite 524 Dallas, Texas 75228 JC Commercial, Inc. Ratcliff Constructors, LP 3i Construction, LLC. Big Sky Construction
Ranking 1
2 3 4 5
Consultant's estimate: $3,600,000 *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 Cost Schedule Experience Project Team Financial Sufficiency Business Inclusion and Development Requirements Total
50% 5% 20% 5% 5% 15% 100%
OWNER RWC Enterprises, Inc. Richard Fint, President MAP Attached.
Agenda Date 01/22/2014 - page 3
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract with RWC Enterprises, Inc., best value proposer of five, for the construction of the Fire Station No. 44 replacement facility located at 2025 Lagow Street - Not to exceed $3,809,000 - Financing: General Obligation Commercial Paper Funds RWC Enterprises, 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
Percent
Total local contracts Total non-local contracts
$2,776,760.00 $1,032,240.00
72.90% 27.10%
------------------------
------------------------
TOTAL CONTRACT
$3,809,000.00
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION
African American Hispanic American Asian American Native American WBE Total
Local
Percent
Local & Non-Local
Percent
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
$0.00 $0.00 $0.00 $0.00 $0.00
0.00% 0.00% 0.00% 0.00% 0.00%
----------------------
----------------------
----------------------
-----------------------
$0.00
0.00%
$0.00
22.31%
21
copyright 0
zooe MAPSCO. lne.
'·
...J j
:..r. r
__;-
.J
.J•j
ii!J/I
Mapsco 46R
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the existing Fire Station No. 44 was constructed in 1959 on a site located at 4114 Frank Street; 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. 44; and, WHEREAS, McAfee3 Architects was selected to provide design services for the Fire Station No. 44 replacement facility in a qualifications-based selection process according to City of Dallas procurement guidelines, and, WHEREAS, in September 2013, five proposals were received in response to a Request for Competitive Sealed Proposals, and the companies were ranked as follows: Proposer RWC Enterprises, Inc. 3730 Dilido Rd Suite 524 Dallas, Texas 75228 JC Commercial, Inc. Ratcliff Constructors, LP 3i Construction, LLC Big Sky Construction and,
Ranking 1
2 3 4 5
WHEREAS, RWC Enterprises, Inc. was determined to be the best value proposer of the five; and, WHEREAS, it is now desirable to authorize a construction contract with RWC Enterprises, Inc., best value proposer of the five, for construction of the Fire Station No. 44 replacement facility, located at 2025 Lagow Street, in an amount not to exceed $3,809,000. 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 construction contract with RWC Enterprises, Inc., best value proposer of the five, for construction of the Fire Station No. 44 replacement facility, located at 2025 Lagow Street, in an amount not to exceed $3,809,000 after it has been approved as to form by the City Attorney.
COUNCIL CHAMBER
January 22, 2014 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 2T33, Dept. PBW, Unit T841, Act. FIRF Obj. 4310, Program #PB06T841, CT PBW06T841F1 Vendor #VS0000082099, in an amount not to exceed
$3,809,000
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.
AGENDA ITEM # 20 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
8
DEPARTMENT:
Public Works Department
CMO:
Jill A. Jordan, P.E., 670-5299
MAPSCO:
69H L M ________________________________________________________________
SUBJECT Authorize (1) a Project Specific Agreement with Dallas County for the improvement of frontage roads and ramps along IH20 from Haymarket Road to West of US175; and (2) payment to Dallas County for the City’s share of project cost - Not to exceed $420,000 Financing: General Obligation Commercial Paper Funds BACKGROUND The IH20 from Haymarket Road to West of US175 project entails constructing new IH20 entrance/exit ramps in order to provide freeway access to the Haymarket/Kleberg area. As part of this project, approximately 4,000 feet of new frontage road will also be constructed east of Haymarket in order to provide more direct access between Haymarket Road and Kleberg Road. This action will authorize the Project Specific Agreement with and payment to Dallas County for the City’s share of project cost. The original project was originated by the City of Balch Springs and only included the Kleberg ramps (WB IH20 exit and EB IH20 entrance ramp). When reviewing requests for new interstate access, the Federal Highway Administration (FHWA) typically requires that new interstate interchanges have full access from both directions. As a condition to approving the Kleberg ramps, the FHWA required that the Haymarket ramps (EB IH20 exit and WB IH20 entrance ramp) also be constructed. The planned Haymarket ramps are located in the city of Dallas, and after several meetings among agencies, it was agreed that the local governments should contribute funds for the design, the estimated cost of which is $995,000. The City of Balch Springs will fund $75,000 for the cost associated with the environmental assessment. The City of Dallas’ funding commitment is capped at $420,000 and will be used for design, and Dallas County has agreed to match the funding contributions for this project up to $500,000. The estimated costs for environmental mitigation, right-of-way, utility relocation, and construction are $7.1 million and will be paid using federal and state funds.
ESTIMATED SCHEDULE OF PROJECT Began Design Complete Design Begin Construction Complete Construction
June 2013 July 2014 November 2014 November 2015
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a Master Interlocal Agreement on January 10, 2001, by Resolution No. 01-0104. 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 Program (General Obligation Commercial Paper Funds) - $420,000 MAP Attached.
Agenda Date 01/22/2014 - page 2
[1H20 Ramps@Haymarket]
BRlfR\WOD
-
째'
7 98
100
TEAGARDEN
_____,
.....
JO ~
/
DA LA [Mapsco 69H, L, M )
COUNCIL CHAMBER
January 22, 2014 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 13, 2011, Resolution No. 11-0927 authorized a Master Agreement Governing Transportation Major Capital Improvement Program with Dallas County; and, WHEREAS, Texas Department of Transportation, City of Balch Springs, Dallas County, and City of Dallas desire the improvement of frontage roads and ramps along IH20 from Haymarket Road to West of US175; and, WHEREAS, Dallas County agreed to be the designated Local Government to enter the Advanced Funding Agreement with TxDOT and subsequently enter two separate Project Specific Agreements with cities of Dallas and Balch Springs for the responsibilities of each City; and, WHEREAS, the City desires to reprogram the following canceled street petition project from the 2006 Bond Program: Fairport Road from Murdock Road to Dowdy Ferry Road ($784,925); and, WHEREAS, the City desires to use this project funding for the improvement of frontage roads and ramps along IH20 from Haymarket Road to West of US175; and, WHEREAS, it is now necessary to authorize a Project Specific Agreement with and payment to Dallas County in an amount not to exceed $420,000 for the City's share of project costs for the improvement of frontage roads and ramps along IH20 from Haymarket Road to West of US175. 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 Project Specific Agreement with and payment to Dallas County in an amount not to exceed $420,000 for the City's share of project costs for the improvement of frontage roads and ramps along IH20 from Haymarket Road to West of US175, after it has been approved as to form by the City Attorney.
COUNCIL CHAMBER
January 22, 2014 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 2T22, Department PBW, Unit P852, Act. INGV Obj. 3511, Program #PB06P852, CT PBW06P852D1 Vendor #VS0000067010, in an amount not to exceed
$420,000
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.
AGENDA ITEM # 21 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
6
DEPARTMENT:
Public Works Department
CMO:
Jill A. Jordan, P.E., 670-5299
MAPSCO:
23X ________________________________________________________________
SUBJECT Authorize an Interlocal Agreement with Dallas Area Rapid Transit for participation in the construction of an improved sidewalk and road crossing of the Dallas Area Rapid Transit rail line on Storey Lane near Denton Drive - Not to exceed $5,700 - Financing: 2003 Bond Funds BACKGROUND The City of Dallas recently constructed a new sidewalk along Denton Drive from Storey Lane to Community Drive. The project was funded in the 2012 Bond Program. The project was needed to improve the pedestrian access between the assisted residential living facilities on Storey Lane and the Bachman Rail Station. The remaining obstacle is the sidewalk crossing of the railroad track. While working with Dallas Area Rapid Transit to address the problem, it was identified that the City of Dallas could partner with Dallas Area Rapid Transit and their operating railroad company, Dallas, Garland and Northeastern Railroad, to upgrade the railroad crossing of the street and sidewalk. Per the agreement, the railroad will replace the existing crossing using upgraded precast concrete panels. The City of Dallas will pay $5,700.00 for the materials and provide minor paving and barricading work adjacent to the crossing. ESTIMATED SCHEDULE OF PROJECT Begin Construction Complete Construction
February 2014 May 2014
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.
FISCAL INFORMATION 2003 Bond Funds - $5,700.00 Map Attached.
Agenda Date 01/22/2014 - page 2
STOREY LANE DART CROSSING Cematary
ANODE 29 REWARD
25
[MAPSCO 23X j
&metrEJ 32
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the City of Dallas and Dallas Area Rapid Transit desires to enter into an Interlocal Participation Agreement for construction of an improved sidewalk and road crossing of the Dallas Area Rapid Transit rail line on Storey Lane near Denton Drive; and, WHEREAS, it is now necessary to authorize an Interlocal Participation Agreement with Dallas Area Rapid Transit for construction of an improved sidewalk and road crossing of the Dallas Area Rapid Transit rail line on Storey Lane near Denton Drive in an amount not to exceed $5,700.00. 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 an Interlocal Participation Agreement with Dallas Area Rapid Transit for construction of an improved sidewalk and road crossing of the Dallas Area Rapid Transit rail line on Storey Lane near Denton Drive in an amount not to exceed $5,700.00, after it has been approved as to form by the City Attorney. Section 2. That the City Controller is hereby authorized to disburse funds to Dallas Area Rapid Transit in accordance with the terms and conditions of the Interlocal Participation Agreement from: Street and Transportation Improvements Fund Fund 4R22, Department PBW, Unit LA47, Act. SIDI Obj. 4530, Program #PBSR0046, CT PBW03LA47B1 Vendor #VS0000033625, in an amount not to exceed
$5,700.00
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 # 22 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
14
DEPARTMENT:
Public Works Department Water Utilities
CMO:
Jill A. Jordan, P.E., 670-5299 Forest E. Turner, 670-3390
MAPSCO:
45 K L ________________________________________________________________
SUBJECT Authorize payment to Dallas Area Rapid Transit for utility improvement and relocation costs associated with the Urban Circulator streetcar project in downtown Dallas - Not to exceed $427,000 – Financing: Water Construction Funds ($113,000), Wastewater Construction Funds ($85,000), and Wastewater Capital Improvement Funds ($229,000) BACKGROUND The City of Dallas and Dallas Area Rapid Transit (DART) were awarded $5M (North Central Texas Council of Governments Grant) and $4.9M (Federal Transportation Administration Grant), respectively to extend the M Line trolley route further into downtown. This partnership project will extend from the existing McKinney Avenue Transit Authority (MATA) tracks on St. Paul in a southerly direction to Federal Street, turning eastbound to Olive Street. The proposed alignment will connect to the streetcar tracks recently constructed as part of the City’s Olive Street Extension project. This newly created loop will accommodate the future expansion of the modern streetcar system, as well as provide a loop for the vintage fleet to serve the Arts District. This action will authorize payment to DART for funding associated with relocation of Dallas Water Utilities’ water and sewer lines in the vicinity of the project. The City of Dallas and DART have entered into an Interlocal Agreement to work jointly on this project and it is necessary to authorize funding for the utility portion of the project.
ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Began Construction Complete Construction
January 2011 August 2013 November 2013 November 2014
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized the acceptance of a grant from the Texas Department of Transportation functioning as an agent for the North Central Texas Council of Governments in the amount of $5,000,000 for the development of a modern streetcar loop extending from the McKinney Avenue Trolley terminus at St. Paul Street to the connection with the Olive Street Extension on June 12, 2012, by Resolution No. 12-1649. Authorized an Interlocal Agreement with Dallas Area Rapid Transit (DART) to detail agency roles and responsibilities related to Procurement and Financial Matters for Implementation of the Urban Circulator streetcar project on April 10, 2013, by Resolution No. 13-0618. FISCAL INFORMATION Water Construction Funds - $113,000.00 Wastewater Construction Funds - $85,000.00 Wastewater Capital Improvement Funds - $229,000.00 MAP Attached
Agenda Date 01/22/2014 - page 2
Urban Circulator Streetcar Council District: 14
MAPSCO: 45 K, L
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the City of Dallas and Dallas Area Rapid Transit (DART) submitted on September 15, 2009, as joint applicants, an application for an Exempt Discretionary Grant for Urban Circulator Systems to the Federal Transportation Administration (FTA) for the Olive / St. Paul Loop Connector Project; and, WHEREAS, on behalf of the City of Dallas, DART has been awarded $4,900,000 in grant funding from the FTA for the planning, design and construction of the project; and,
WHEREAS, the City has been awarded $5,000,000 in Regional Toll Revenue (RTR) from the Regional Transportation Council (RTC) of the North Central Texas Council of Governments as a local match for the $9,900,000 project; and, WHEREAS, the project will consist of a streetcar line from the current terminus of the McKinney Avenue Transit Authority (MATA) M-Line at Ross and St. Paul Street and will connect to the Olive Street Extension of the M-Line via Federal Street; and, WHEREAS, DART, as a regional transportation authority, is experienced in the planning and design of transit services, and will serve as the Cityâ&#x20AC;&#x2122;s technical advisor and assist in the implementation of the project; and, WHEREAS, on October 20, 2010, DART and the City of Dallas executed an Interlocal Agreement identifying the roles and responsibilities of each party in the planning and design for the project; and, WHEREAS, on April 10, 2013, Resolution No. 13-0618 authorized an Interlocal Agreement with Dallas Area Rapid Transit (DART) to detail agency roles and responsibilities related to procurement and financial matters for implementation of the Urban Circulator streetcar project; and, WHEREAS, it is now necessary to authorize payment to DART for costs associated with relocation of existing Dallas Water Utilities facilities.
COUNCIL CHAMBER
January 22, 2014 Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Water Construction Fund Fund 0102, Dept. DWU, Unit. CW42, Act. RELP Obj. 3221, Program #712101X, CT DWU712101EN Vendor #232802, in an amount not to exceed
$113,000.00
Wastewater Construction Fund Fund 0103, Dept. DWU, Unit. CS42, Act. RELP Obj. 3222, Program #712102X, CT DWU712102EN Vendor #232802, in an amount not to exceed
$ 85,000.00
Wastewater Capital Improvement Fund Fund 0116, Dept. DWU, Unit. PS42, Act. RELP Obj. 4152, Program #712102, CT DWU712102CP Vendor #232802, in an amount not to exceed
$229,000.00
Total in an amount not to exceed
$427,000.00
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.
AGENDA ITEM # 23 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
2
DEPARTMENT:
Public Works Department Aviation
CMO:
Jill A. Jordan, P.E., 670-5299 Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
33G H; 34J K ________________________________________________________________
SUBJECT Authorize Supplemental Agreement No. 2 to the professional services contract with CDM-Smith Inc. (formerly Camp Dresser & McKee Inc.) for engineering services for the schematic design phase for the Stormwater Drainage Master Plan at Dallas Love Field Not to exceed $2,269,000, from $1,909,000 to $4,178,000 - Financing: Aviation Capital Construction Funds BACKGROUND On March 9, 2011, Resolution No. 11-0646 authorized the professional services contract with Camp Dresser & McKee, Inc. for engineering planning design services for the Love Field Master Drainage Plan at Dallas Love Field. This action will authorize Supplemental Agreement No. 2 to the professional services contract with CDM-Smith (formerly Camp Dresser & McKee) for engineering services for the schematic design phase for the Stormwater Drainage Master Plan Project at Dallas Love Field. The Department of Aviation, with the construction of the new terminal, has committed to the City to bring the Dallas Love Field into compliance with City of Dallas Development Code Platting Requirements. A requirement of the plat is for the airfield stormwater system to convey a 100-year stormwater event. The of Stormwater Drainage Master Plan was developed to comply with the platting requirements and to protect Love Field assets including buildings, runways and taxiways during a 100-year storm. The Stormwater Drainage Master Plan modeled the existing stormwater system at Dallas Love Field and developed a plan to convey a 100-year storm event. This plan meets the City of Dallas stormwater requirements and the Federal Aviation Administration requirements of a 5-year storm event. Stormwater Drainage Master Plan construction estimates for the proposed plan are approximately $150 Million.
BACKGROUND (Continued) The next step in the development of the necessary identified stormwater improvements is to commence the schematic design phase for the project. This is accomplished by authorizing CDM-Smith (formerly Camp Dresser & McKee) to provide necessary engineering design services in the form of this subject Supplemental Agreement. ESTIMATED SCHEDULE OF PROJECT Began Master Plan Completed Master Plan Begin Schematic Design Complete Schematic Design
March 2011 May 2013 February 2014 February 2017
PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Camp Dresser & McKee Inc. for the design of the Love Field Drainage Master Plan at Dallas Love Field on March 9, 2011, by Resolution No. 11-0646. FISCAL INFORMATION Aviation Capital Construction Funds - $2,269,000 Drainage Master Plan Design Supplemental Agreement No. 1 Supplemental Agreement No. 2 (this action)
$1,884,500 $ 24,500 $2,269,000
Total Project Costs
$4,178,000
M/WBE INFORMATION See attached. ETHNIC COMPOSITION CDM-Smith, Inc. Hispanic Female African-American Female Other Female White Female
57 68 108 986
Hispanic Male African-American Male Other Male White Male
147 69 208 2,130
Agenda Date 01/22/2014 - page 2
OWNER(S) CDM-Smith, Inc. Stephen J. Hickox, P.E., BCEE, Chairman and Chief Executive Officer Timothy Wall, President and Chief Operating Officer MAP Attached.
Agenda Date 01/22/2014 - page 3
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 2 to the professional services contract with CDM-Smith Inc. (formerly Camp Dresser & McKee Inc.) for engineering services for the schematic design phase for the Stormwater Drainage Master Plan at Dallas Love Field - Not to exceed $2,269,000, from $1,909,000 to $4,178,000 Financing: Aviation Capital Construction Funds CDM-Smith Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Professional Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount
Percent
Local contracts Non-local contracts
$344,950.00 $1,924,050.00
15.20% 84.80%
---------------------------
---------------------------
TOTAL THIS ACTION
$2,269,000.00
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION Local Contractors / Sub-Contractors Local
Certification
ARS Engineers, Inc.
IMDB57578Y0514
Total Minority - Local
Amount
Percent
$344,950.00
100.00%
---------------------------
---------------------------
$344,950.00
100.00%
Amount
Percent
$85,867.00 $487,920.00 $53,600.00
4.46% 25.36% 2.79%
---------------------------
---------------------------
$627,387.00
32.61%
Non-Local Contractors / Sub-Contractors Non-local
Certification
Alliance Geotechnical Group Salcedo Group, Inc. Williams CM Group, LLC
BMDB59500Y1214 HMDB59250Y1014 WFDB57897Y0614
Total Minority - Non-local
TOTAL M/WBE PARTICIPATION This Action Amount Percent African American Hispanic American Asian American Native American WBE
$85,867.00 $487,920.00 $344,950.00 $0.00 $53,600.00
3.78% 21.50% 15.20% 0.00% 2.36%
-----------------------
Total
$972,337.00
Participation to Date Amount Percent $175,867.00 $1,322,679.00 $459,450.00 $0.00 $53,600.00
4.21% 31.66% 11.00% 0.00% 1.28%
----------------------
---------------------------
---------------------------
42.85%
$2,011,596.00
48.15%
Love Field Master Drainage Plan
copyright 0 2006 MAPSCO, Inc.
Mapsco 33G, H; 34J, K
0.51 Ml
Scale 1 : 32 665
1.01 Mi
I
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on March 9, 2011, Resolution No. 11-0646 authorized a professional services contract with Camp Dresser & McKee Inc. to provide civil engineering planning services for Love Field Drainage Master Plan at Dallas Love Field Airport in the amount of $1,884,500; and, WHEREAS, on December 8, 2011, Administrative Action No. 12-0198 authorized Supplemental Agreement No. 1 to the professional services contract with Camp Dresser & McKee Inc. for additional security airfield escorting services for the Love Field Drainage Master Plan at Dallas Love Field Airport in the amount of $24,500, increasing the contract from $1,884,500 to $1,909,000; and, WHEREAS, on December 9, 2011, Camp Dresser & McKee Inc. officially changed its name to CDM-Smith Inc.; and, WHEREAS, it is now necessary to authorize Supplemental Agreement No. 2 to the professional services contract with CDM-Smith Inc., (formerly Camp Dresser & McKee Inc.) for engineering services for the schematic design phase for the Stormwater Drainage Master Plan at Dallas Love Field Airport in an amount not to exceed $2,269,000, increasing the contract from $1,909,000 to $4,178,000. 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 Supplemental Agreement No. 2 to the professional services contract with CDM-Smith Inc., (formerly Camp Dresser & McKee Inc.) for engineering services for the schematic design phase for the Stormwater Drainage Master Plan at Dallas Love Field Airport in an amount not to exceed $2,269,000, increasing the contract from $1,909,000 to $4,178,000, after it has been approved as to form by the City Attorney. Section 2. That the City will apply for Passenger Facility Charge (PFC) funding at a later date for the eligible planning, design and administration costs of the Love Field Master Drainage Plan, and that the Aviation Capital Construction Fund 0131, Cash Account 0001, will be reimbursed those costs upon receipt of PFC funding, Fund 0477, Cash Account 0001. Section 3. That the City Manager is hereby authorized to increase appropriations in an amount not to exceed, $2,269,000 in Aviation Capital Construction Fund 0131, Dept. AVI, Unit P642, Object 4111.
COUNCIL CHAMBER
January 22, 2014 Section 4. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract: Aviation Capital Construction Funds Fund 0131, Dept. AVI, Unit: P642, Act. AAIP, Obj. 4111, Program # P642DES, CT AVICDM1213DES Vendor #089614, in an amount not to exceed
$2,269,000
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 # 24 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
7, 9, 13, 14
DEPARTMENT:
Street Services
CMO:
Forest E. Turner, 670-3390
MAPSCO:
23K 38Q 45K 46Z ________________________________________________________________
SUBJECT An ordinance amending Chapter 28 of the Dallas City Code to: (1) designate school traffic zones; and (2) designate the direction of travel of vehicles on certain streets (list attached) - Financing: No cost consideration to the City BACKGROUND Engineering studies have been conducted at the locations listed, and it is recommended that the appropriate sections of the ordinance be amended to reflect changes in school zone locations, the conversion of one-way streets to two-way streets, and the conversion of two-way streets to one-way streets during certain hours. The attached lists show the affected areas as they pertain to school speed limit zones, and one way designations. New school zones are studied based on requests from the Dallas Police, schools in the Dallas city limits, the neighborhood, and on needs determined by the Traffic Engineering Office. After the engineering study is completed, a school zone is established if it meets all necessary criteria. One way designations in school areas are determined by street width and the impact on neighborhood circulation. One-way operation is not always the best operation for safety or traffic flow around schools. Narrow streets with single travel lanes must be designated for one-way because the single travel lane is blocked by parents loading children and traffic is unable to move forward. However, other issues typically develop under the one-way operation (such as double parking and loading children in the middle of the street). Designating one-way streets during school hours are also a burden to neighborhood residents and create access restrictions and wrong way parking issues when the one-way street operation is in effect. For these reasons, one-way designations are only used when necessary.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City.
Agenda Date 01/22/2014 - page 2
SECTION 28- 50 SCHOOL ZONES - ADDITIONS
Location
School
3000-3100 Altman Drive 2000-2400 Millmar Drive
Caillet Elementary Bryan Adams High
Council District 13 9
Cause New-Study Extent
SECTION 28- 50 SCHOOL ZONES - DELETIONS
Location 2000-2300 Millmar Drive 4900-5000 Second Avenue
School Bryan Adams High Anderson Learning Center
Council District 9 7
Cause Extent School Closing
SECTION 28-60 ONE WAY STREETS IN SCHOOL ZONES - DELETION
Street Name
Extent
Garden Lane
Bradshaw Street to Second Avenue
Direction East
Council District 7
Cause School Closing
SECTION 28-59 ONE WAY STREETS - ADDITIONS
Street Name
Extent
Direction
Akard Street
Ross Avenue to Elm Street
South
Council District 14
Cause Traffic Flow
SECTION 28-59 ONE WAY STREETS - DELETIONS
Street Name
Extent
Direction
Akard Street
Ross Avenue South to Pacific Avenue
Council District 14
Cause Traffic Flow
12/23/13
ORDINANCE NO.
An ordinance amending Sections 28-50, 28-59, and 28-60 of CHAPTER 28, “MOTOR VEHICLES AND TRAFFIC,” of the Dallas City Code, as amended; designating school traffic zones; regulating the direction of vehicles on certain streets; providing a penalty not to exceed $200; providing a saving clause; providing a severability clause; and providing an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Subsection (c) of Section 28-50, “Speed in School Zones; Signs; Designated Streets,” of Division 2, “Speed Regulations,” of Article VI, “Operation of Vehicles,” of CHAPTER 28, “MOTOR VEHICLES AND TRAFFIC,” of the Dallas City Code, as amended, is amended by alphabetically adding and deleting the following described streets designated as school traffic zones where the speed of motor vehicles is limited to 20 miles per hour: ADDITION STREET
BLOCK(S)
EXTENT
"Altman Drive
3000-3100
110'W. to 340'E. of Goodyear Drive
Millmar Drive
2000-2400
275'E. of Ferguson Road to 350'E. of Peavy Road"
DELETIONS STREET
BLOCK(S)
EXTENT
"Millmar Drive
2000-2300
275'E. of Ferguson Road to 15'E. of Bethany Drive
1
Second Avenue
4900-5000
200'N. of Reese Drive to 150'S. of Hancock Street"
SECTION 2. That Section 28-59, “One-Way Streets and Alleys,” of Article VII, “OneWay Streets and Alleys,” of CHAPTER 28, “MOTOR VEHICLES AND TRAFFIC,” of the Dallas City Code, as amended, is amended by alphabetically adding and deleting the following described streets where the direction of motor vehicles is limited as follows: ADDITION STREET
EXTENT
DIRECTION
"Akard Street
Ross Avenue to Elm Street"
South
DELETION STREET
EXTENT
DIRECTION
"Akard Street
Ross Avenue to Pacific Avenue"
South
SECTION 3. That Section 28-60, “One-Way Streets in School Zones,” of Article VII, “One-Way Streets and Alleys,” of CHAPTER 28, “MOTOR VEHICLES AND TRAFFIC,” of the Dallas City Code, as amended, is amended by alphabetically deleting the following described street where the direction of motor vehicles is limited as follows: DELETION STREET
EXTENT
DIRECTION
"Garden Lane
Bradshaw Street to Second Avenue"
East
SECTION 4. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $200.
2
SECTION 5. That CHAPTER 28 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. SECTION 6. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. SECTION 7. That this ordinance will 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: WARREN M. S. ERNST, City Attorney
By Assistant City Attorney Passed LC/DCC/00551A
3
AGENDA ITEM # 25 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
2
DEPARTMENT:
Sustainable Development and Construction Public Works Department
CMO:
Theresa O’Donnell, 671-9195 Jill A. Jordan, P.E., 670-5299
MAPSCO:
46J ________________________________________________________________
SUBJECT Authorize settlement in lieu of proceeding with condemnation of a tract of land containing approximately 1,808 square feet from Richard Whitehead near the intersection of Elm and Washington Streets for the CBD Fair Park Link Thoroughfare Project – Not to exceed $22,663, increased from $51,466 ($49,466, plus closing costs and title expenses not to exceed $2,000) to $74,129 ($71,129, plus closing costs and title expenses not to exceed $3,000) - Financing: 2003 Bond Funds BACKGROUND This item authorizes a settlement for the acquisition of approximately 1,808 square feet of land for the CBD Fair Park Link Thoroughfare Project. This settlement will allow acquisition of the property without further condemnation proceedings. The original authorizing resolution authorized a purchase and/or eminent domain amount not to exceed $51,466. The previously authorized amount is being increased to $74,129 to settle in lieu of proceeding with condemnation. PRIOR ACTION / REVIEW (COUNCIL BOARDS, COMMISSIONS) Authorized acquisition on November 14, 2012, by Resolution No. 12-2777.
FISCAL INFORMATION 2003 Bond Funds - $22,663 Resolution No. 12-2777 Additional Amount (this action)
$51,466 $22,663
Total Authorized Amount
$74,129
OWNER Richard Whitehead MAP Attached
Agenda Date 01/22/2014 - page 2
-Site
COUNCIL CHAMBER
January 22, 2014 A RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR A NEGOTIATED PRICE HIGHER THAN THE AUTHORIZED PURCHASE AMOUNT. WHEREAS, the Dallas City Council by the FIRST RESOLUTION authorized acquisition, by purchase and/or eminent domain, of the PROPERTY INTEREST in the PROPERTY held by OWNER for the PROJECT (all said capitalized terms being defined below); and WHEREAS, OWNER refused the FIRST RESOLUTION PURCHASE AMOUNT, but has agreed to the SETTLEMENT AMOUNT stated herein; and WHEREAS, the City Council desires to authorize the City Manager to acquire the PROPERTY INTEREST in the PROPERTY for the SETTLEMENT AMOUNT stated herein: Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the following definitions shall apply to this resolution: “CITY”: The City of Dallas “FIRST RESOLUTION”: Resolution No. 12-2777 approved by the Dallas City Council on November 14, 2012 to authorize the purchase and/or eminent domain for a purchase amount of $51,466. ““PROJECT”: CBD Fair Park Link Project “USE”:
The construction, use, and maintenance for street and transportation improvements as may be necessary, provided, however, to the extent fee title to the PROPERTY is acquired, such title and the PROPERTY shall not be limited to or otherwise deemed restricted to the USE herein provided.
“OWNER”: Richard Whitehead, 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. “PROPERTY INTEREST”: Fee Simple, subject to the exceptions, reservations, covenants, conditions and/or interests, if any provided in the form instrument more particularly described in Exhibit “B” attached hereto and made a part hereof for all purposes.
COUNCIL CHAMBER
January 22, 2014 “PROPERTY”: Approximately 1,808 square feet of land Dallas County, Texas, and being the same property more particularly described in “Exhibit A”, attached hereto and made a part hereof for all purposes, and any and all improvements, rights and appurtenances appertaining hereto. "FIRST RESOLUTION PURCHASE AMOUNT": $49,466 “SETTLEMENT AMOUNT”: $71,129 “CLOSING COSTS AND TITLE EXPENSES”: Not to exceed $3,000 “REVISED AUTHORIZED AMOUNT”: $74,129 ($71,129, plus closing costs and title expenses not to exceed $3,000) SECTION 2. That the City Manager, and/or the City Manager’s designees, is hereby authorized and directed to consummate and accept the purchase, grant, and conveyance to the CITY of the PROPERTY INTEREST in and to the PROPERTY pursuant to the conveyance instrument substantially in the form described in Exhibit “B”, attached hereto and made a part hereof for all purposes, and approved as to form by the City Attorney and to execute, deliver and receive such other usual and customary documents necessary, appropriate and convenient to consummating the transaction. SECTION 3. That the City Controller is authorized to draw a check for the difference between the FIRST RESOLUTION and the REVISED AUTHORIZED AMOUNT payable out of 2003 Bond Funds, Fund 5R22, Department PBW, Unit R157, Activity INGV, Object 4210, Program PB03R157, Encumbrance No. CT-SUSR157LK92 and said payment shall be delivered to a title insurance company after evidence of satisfactory title has been provided to and approved by the City Attorney. The SETTLEMENT AMOUNT and the CLOSING COSTS AND TITLE EXPENSES together shall not exceed the REVISED AUTHORIZED AMOUNT - $74,129, and which includes amounts authorized in the FIRST RESOLUTION. SECTION 4. That the CITY is to have possession and/or use, as applicable, of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. All costs and expenses described in this section shall be paid from the previously described funds.
COUNCIL CHAMBER
January 22. 2014 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. APPROVED AS TO FORM WARREN M. S. ERNST, City Attorney
Assistant City Attorney
Field Notes Describing a 1,808 Square Foot Tract of Land To Be Acquired in City Block 835 \I U\ , From Richard Whitehead
A
E"n ' ·"
Being a 1,808 Square Foot (0.0415 Acres) Tract of land situated in the John Grigsby Survey, Abstract No. 495, Dallas County, Texas, and lying in Block 835, Official City of Dallas Block Number, being part of Lots 12, 13, 14 and 15, of the "Gaston Homestead Unrecorded Addition", an addition to the City of Dallas, recorded in Book 2, Page 234 Y2, of the Public Records of Dallas County, Texas, and being a part of the property conveyed to Richard Whitehead by deed recorded in Volume 2001067, Page 4881 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at an "X" cut, at the most Southerly corner of said Richard Whitehead tract of land, being also the common Southeast corner with a tract of land conveyed to Baylor Health Care System, as recorded in Volume 88013, Page 3806, of the Deed Records of Dallas County, Texas, being also on the Northwest line of Elm Street (a 50 foot Right-of-Way): THENCE North 45°21 '59" West, departing the last said Northwest line of Elm Street, with the common line between the Richard Whitehead tract and said Baylor Health Care System tract, a distance of 41.92 feet to the most Westerly corner of the herein described tract of land (unable to monument): THENCE North 78°43'59" East, departing the said common line with the Baylor Health Care System tract, a distance of 61.30 feet, to an "X" cut at an inside corner of the herein described tract of land: THENCE North 44°51'42" East, a distance of 74.47 feet to an "X" cut on the common line between the Richard Whitehead tract and a tract of land conveyed to Baylor Health Care System, recorded in Volume 2002248, Page 5645 of the Deed Records of Dallas County, Texas, being the most Westerly North corner of the herein described tract of land: THENCE South 45°21 '59" East, with the last said common line between the Richard Whitehead tract and said Baylor Health Care System tract, a distance of 7.26 feet, to an "X" cut at the said Northwest line of Elm Street, being the most Easterly North corner of the herein described tract of land: THENCE South 44°38'01" West, with the last said Northwest line of Elm Street, a distance of 125.23 feet, to the POINT OF BEGINNING, containing 1,808 Square Feet, or 0.0415 Acres of land. BASIS OF BEARINGS: Bearings are based on the Northeast line of Elm Street, at South 44°38'01" West, monumented as shown and derived from Global Positioning System observations using the North Texas Cooperative Real Time Kinematic Survey, Virtual Reference Station Syste ;i:.~rth American Datum of 1983. d/</-1 ~~rc:..9l••~~"" -4-- ti~
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Vol. 82JOO, Pg. 48
Richard Whitehead: Parcel #8
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DESIGN RlE NAME
DATE
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EXHIBIT B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED THE STATE OF TEXAS COUNTY OF DALLAS
ยง ยง ยง
KNOW ALL PERSONS BY THESE PRESENTS:
That Richard Whitehead, a single man (hereinafter called "Grantor" whether one or more natural persons or legal entities) of the County of Dallas, State of Texas, for and in consideration of the sum of SEVENTY ONE THOUSAND ONE HUNDRED TWENTY NINE AND 00/100 DOLLARS ($71, 129.00) to the undersigned in hand paid by the City of Dallas, 1500 Marilla Street, Dallas, Texas, 75201, a Texas municipal corporation (hereinafter called "City"), the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto City, its successors and assigns, all of the property described in Exhibit "A", attached hereto and made a part hereof by reference for all purposes. SPECIAL PROVISIONS: "None". TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto City, its successors and assigns forever, and Grantor binds Grantor and Grantor's heirs, executors, administrators or successors, to Warrant and Forever Defend all and singular the said premises unto City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. EXECUTED this _ _ _ day of _ _ _ _ _ _ _ _ _ __
Richard Whitehead
Revised 11/26/07
Warranty Deed Page 1 of 2
* * * * * * * * * * * * * * * * * * ** STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on by Richard Whitehead.
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Notary Public, State of TEXAS
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After recording return to: City of Dallas Department of Sustainable Development and Construction Real Estate Division 320 East Jefferson Boulevard, Room 203 Dallas, Texas 75203 attn: Lois King Warranty Deed Log No. 35869
Revised 11 /26/07
Warranty Deed Page 2 of 2
Field Notes Describing a 1,808 Square Foot Tract of Land To Be Acquired in City Block 835 From Richard Whitehead
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Being a 1,808 Square Foot (0.0415 Acres) Tract of land situated in the John Grigsby Survey, Abstract No. 495, Dallas County, Texas, and lying in Block 835, Official City of Dallas Block Number, being part of Lots 12, 13, 14 and 15, of the "Gaston Homestead Unrecorded Addition", an addition to the City of Dallas, recorded in Book 2, Page 234 ¥2, of the Public Records of Dallas County, Texas, and being a part of the property conveyed to Richard Whitehead by deed recorded in Volume 2001067, Page 4881 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at an "X" cut, at the most Southerly corner of said Richard Whitehead tract of land, being also the common Southeast corner with a tract of land conveyed to Baylor Health Care System, as recorded in Volume 88013, Page 3806, of the Deed Records of Dallas County, Texas, being also on the Northwest line of Elm Street (a 50 foot Right-of-Way): THENCE North 45°21'59" West, departing the last said Northwest line of Elm Street, with the common line between the Richard Whitehead tract and said Baylor Health Care System tract, a distance of 41.92 feet to the most Westerly corner of the herein described tract of land (unable to monument): THENCE North 78°43'59" East, departing the said common line with the Baylor Health Care System tract, a distance of 61.30 feet, to an "X" cut at an inside corner of the herein described tract of land: THENCE North 44°51'42" East, a distance of 74.47 feet to an "X" cut on the common line between the Richard Whitehead tract and a tract of land conveyed to Baylor Health Care System, recorded in Volume 2002248, Page 5645 of the Deed Records of Dallas County, Texas, being the most Westerly North corner of the herein described tract of land: THENCE South 45°21 '59" East, with the last said common line between the Richard Whitehead tract and said Baylor Health Care System tract, a distance of 7 .26 feet, to an "X" cut at the said Northwest line of Elm Street, being the most Easterly North corner of the herein described tract of land: THENCE South 44°38'01" West, with the last said Northwest line of Elm Street, a distance of 125.23 feet, to the POINT OF BEGINNING, containing 1,808 Square Feet, or 0.0415 Acres of land. · BASIS OF BEARINGS: Bearings are based on the Northeast line of Elm Street, at South 44°38'01" West, monumented as shown and derived from Global Positioning System observations using the North Texas Cooperative Real Time - Kinematic Survey, Virtual Reference Station Syste .~orth American Datum of 1983. d/</1 r>'f..\rc..9.(~.... _ J - ti~
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Main Street Annex Vol. 82.!0()_. Pg. 48
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Richard Whitehead: Parcel #8
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PARTY CHIEP'
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CALCULATIONS
DESIGN FILE NAME
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AGENDA ITEM # 26 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
10
DEPARTMENT:
Sustainable Development and Construction Park & Recreation
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195 Joey Zapata, 670-1204
MAPSCO:
28A E ________________________________________________________________
SUBJECT Authorize settlement in lieu of proceeding with condemnation of a tract of land containing approximately 314,393 square feet improved with an office building and storage shed from Boise Cascade Building Materials Distributions, L.L.C., located near the intersection of Bekay Street and Plano Road for the Park District Maintenance Service Center Project â&#x20AC;&#x201C; Not to exceed $705,000, increased from $1,010,000 ($1,000,000, plus closing costs not to exceed $10,000) to $1,715,000 ($1,700,000, plus closing costs and title expenses not to exceed $15,000) - Financing: General Obligation Commercial Paper Funds BACKGROUND This item authorizes a settlement for the acquisition of approximately 314,393 square feet of land improved with an office building and storage shed located near the intersection of Bekay Street and Plano Road from Boise Cascade Building Materials Distributions, L.L.C. The property will be for the future relocation and construction of Park Maintenance District 6 operations. The dedication of this property as official park land is not recommended to occur until such time it is developed for park purposes. The original authorizing resolution authorized a total amount of $1,010,000. That amount is being increased to $1,715,000. This settlement will allow acquisition of the property without resorting to condemnation proceedings. PRIOR ACTION / REVIEW (COUNCIL BOARDS, COMMISSIONS) Authorized acquisition on June 26, 2013, by Resolution No. 13-1098.
FISCAL INFORMATION 2006 Bond Program (General Obligation Commercial Paper Funds) - $705,000 Resolution No. 13-1098 Additional Amount (this action)
$1,010,000 $ 705,000
Total Authorized Amount
$1,715,000
OWNER Boise Cascade Building Materials Distribution, L.L.C. Stanley R. Bell, President MAP Attached
Agenda Date 01/22/2014 - page 2
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COUNCIL CHAMBER
January 22, 2014 A RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR A NEGOTIATED PRICE HIGHER THAN THE AUTHORIZED PURCHASE AMOUNT. WHEREAS, the Dallas City Council by the FIRST RESOLUTION authorized acquisition, by purchase and/or eminent domain, of the PROPERTY INTEREST in the PROPERTY held by OWNER for the PROJECT (all said capitalized terms being defined below); and WHEREAS, OWNER refused the FIRST RESOLUTION PURCHASE AMOUNT, but has agreed to the SETTLEMENT AMOUNT stated herein; and WHEREAS, the City Council desires to authorize the City Manager to acquire the PROPERTY INTEREST in the PROPERTY for the negotiated PURCHASE AMOUNT stated herein: Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the following definitions shall apply to this resolution: “CITY”:
The City of Dallas.
“FIRST RESOLUTION”: Resolution No. 13-1098 approved by the Dallas City Council on June 26, 2013, to authorize the purchase and/or eminent domain for a purchase amount of $1,000,000, plus closing costs and title expenses not to exceed $10,000. “PROJECT”: “USE”:
Park District Maintenance Service Center
The future construction and use as park property. The property is not officially dedicated as municipal park land until such time the property is developed for its intended use. Provided, however to the extent fee title to the PROPERTY is acquired, such title and the PROPERTY shall not be limited to or otherwise deemed restricted to the USE herein provided.
“OWNER”: Boise Cascade Building Materials Distribution, L.L.C., 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.
COUNCIL CHAMBER
January 22, 2014 “PROPERTY INTEREST”: Fee Simple, subject to the exceptions, reservations, covenants, conditions and/or interests, if any provided in the form instrument more particularly described in Exhibit “B” attached hereto and made a part hereof for all purposes. “PROPERTY”: Approximately 314,393 square feet of land Dallas County, Texas, and being the same property more particularly described in “Exhibit A”, attached hereto and made a part hereof for all purposes, and any and all improvements, rights and appurtenances appertaining hereto. “FIRST RESOLUTION PURCHASE AMOUNT”: “SETTLEMENT AMOUNT”:
$1,000,000
$1,700,000
“CLOSING COSTS AND TITLE EXPENSES”: “REVISED AUTHORIZED AMOUNT”:
Not to exceed $15,000
$1,715,000
SECTION 2. That the City Manager, and/or the City Manager’s designees, is hereby authorized and directed to consummate and accept the purchase, grant, and conveyance to the CITY of the PROPERTY INTERESTS in and to the PROPERTY pursuant to the conveyance instrument substantially in the form described in Exhibit “B”, attached hereto and made a part hereof for all purposes, and approved as to form by the City Attorney and to execute, deliver and receive such other usual and customary documents necessary, appropriate and convenient to consummating the transaction. SECTION 3. That the City Controller is authorized to draw a check for the difference between the FIRST RESOLUTION and the REVISED AUTHORIZED AMOUNT payable out of 2006 Bond Program (General Obligation Commercial Paper Funds), Fund 2T00, Dept. PKR, Unit P763, Activity PKLA, Object 4210, Program PKP763, CT-PRK13019383 ($1,700,000) and 2006 Bond Program (General Obligation Commercial Paper Funds), Fund 2T00, Dept. PKR, Unit P763, Activity PKLA, Object 4230, Program PKP763, CT-PRK13019383 ($15,000), and said payment shall be delivered to a title insurance company after evidence of satisfactory title has been provided to and approved by the City Attorney. The SETTLEMENT AMOUNT $1,700,000 and the CLOSING COSTS AND TITLE EXPENSES - $15,000 together shall not exceed the REVISED AUTHORIZED AMOUNT - $1,715,000 which includes amounts authorized in the FIRST RESOLUTION. SECTION 4. That the CITY is to have possession and/or use, as applicable, of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. All costs and expenses described in this section shall be paid from the previously described funds.
COUNCIL CHAMBER
January 22, 2014 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 . APPROVED AS TO FORM: WARREN M. S. ERNST, CITY ATTORNEY
BY: &~ ssistalltCitYAtt<>meY
FIELD NOTES DESCRIBI NG LAND TO BE ACQUIRED IN BLOCK 2/8059 FROM BOISE BUILDI NG SOLUTIONS DISTRIBUTION,
LL8){Ht81T
Being a portion of Lots 1, 2 and 4, Block 2/8059 of DALLAS NORTHEAST INDUSTRIAL PARK, THIRD INSTALLMENT, an addition to the City of Dallas, Dallas County, Texas, according to the plat thereof recorded in Volume 73121 , Page 31 of the Deed Records of Dallas County, Texas, being that same tract of land conveyed to Boise Building Solutions Distribution, L.L.C . by deed recorded in Volume 2004215, Page 157 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch iron rod (controlling monument) found for corner in the South right-of-way line of Bekay Street (60 foot public right-of-way), said point being the Northeast corner of said Lot 2, same being the Northwest corner of Lot 3, Block 2/8059 of said addition, same being the Northwest corner of a 30 foot ingress and egress easement recorded in Volume 72242, Page 127 of the Deed Records of Dallas County, Texas, same being the Northeast corner of herein described tract; Thence South 20 Degrees 17 Minutes 20 Seconds East, along the common line of said ingress and egress easement and said Lot 3, passing the Northwest corner of a tract of land conveyed to Dallas Area Rapid Transit (DART) by deed recorded in Volume 88083, Page 4905 of the Deed Records of Dallas County , Texas, and continuing along the West line of said DART tract, for a total distance of 311 .21 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS", said point being an angle point in the easterly line of said Boise Building Solutions Distribution, L.L.C. tract; Thence South, continuing along the common line of said DART tract, a distance of 108.48 feet to a 5/8 inch iron rod found for corner, said point being the beginning of a non-tangent curve to the left; Thence, in a southerly direction , continuing along the common line of said DART tract and along said curve to the left, through a central angle of 12째29'44", a radius of 424.26 feet, a chord bearing and distance of South 25째40'30" West, 92.34 feet and an arc length of 92.53 feet to a 1/2 inch iron rod found for corner in the West line of said Lot 4 and in the East line of said Lot 1; Thence South, along the common line of said Lot 4 and along the East line of said Lot 1, contin uing also along the West line of said DART tract, a distance of 293.41 feet to a 1/2 inch iron rod found for corner, said point being the Northeast corner of Lot 1A, Block 2/8059 of FINAL PLAT DALLAS NORTHEAST INDUSTRIAL PARK SEVENTH INSTALLMENT, an addition to the City of Dallas, Dallas County , Texas, according to the plat thereof recorded in Volume 99212, Page 2009 of the Deed Records of Dallas County, Texas, same being the Southeast corner of herein described tract: Thence North 89 Degrees 58 Minutes 30 Seconds West, along the common line of said Lot 1A, a distance of 435.50 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS", said point being the Southeast corner of a tract of land conveyed to Balfour Enterprises, Inc. by deed recorded in Volume 92167, Page 905 of the Deed Records of Dallas County, Texas, same being the Southwest corner of herein described tract; Thence North, along the common line of said Balfour Enterprises, Inc tract, passing a 1/2 inch iron rod (controlling monument) found on line, at a distance of 199.44 feet and continuing for a total distance of 622 .30 feet to a 1/2 inch iron rod found for corner in the South right-of-way line of the aforementioned Bekay Street, said point being the Northeast corner of said Balfour Enterprises, Inc. tract, same being the Northwest corner of herein described tract and being the beginning of a non-tangent curve to the right; Thence, in an easterly direction , along the South right-of-way line of said Bekay Street, and along said curve to the right, through a central angle of 14째12'30", a radius of 570.00 feet, a chord bearing and distance of North 62째36'04" East, 140.9 feet and an arc length of 141 .35 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS";
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Thence North 69 Degrees 42 Minutes 20 Seconds East, continuing along the South right-of-way line of said Bekay Street,& "~ distance of 258.47 feet to the POINT OF BEGINNING and containing 314,393 square feet or 7.22 acres of land . ~ ~-
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JOB NO: 1202161-1 DATE: 09/28/2012 LA.ST REVISED: 05/17/2013 PAGE:10F3
BEARINGS ARE BASED ON THE NORTH LIN E OF THE RECORD ED PLAT OF LOT 1A, BLOCK 2/6059 OF DALLAS NORTHEAST INDUSTRIAL PARK SEVENTH INSTALLMENT RECOR DED IN VOLUME 99212 PAGE 2009 DR DC T (N 89 ' 58'30" W)
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BOUNDARY SURVEY PORTION OF LOTS 1, 2 & 4, BLOCK 2/8059, DALLAS NORTHEAST INDUSTRIAL PARK NO. 3
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LOT 1A, BLOCK 2/8059 DALLAS NORTHEAST INDUSTRIAL PARK, SEVENTH INSTALLMENT VOLUME 99212, PAGE 2009 M.R.D.C.T. t
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JOB NO: 1202161-1 DATE: 09/28/2012 LAST REVISED: 05/17/2013 PAGE: 2 OF3
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LEGEND
D.R .D C.T. DEED RECORDS, DALLAS COUNTY, TEXAS
®
1/2" IRON ROD SET "TXHS" YELLOW CAP
!EXA.S HERITAGE SURYEYING, l..L(; 1o610 Metric Drive, Sult£! 124, Dallas, TX 75243 Office 214.340-9700 fax 214-s40.g710 txherttage.com
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STEPHENS PIPE & STEEL, LLC INSTRUMENT NO. 201000166595 D.R.D.C.T. NOTE. THIS SURV EY PLAT HAS BEEN PREPARED Vv1TH OUT BENEFIT OF
nNQ SntpRmtft\TRACT TITLE TEXAS HERITAGE rll:J.;ll Ill W!M t lNG HAS NOT RESEARCHED THE O'Ek s: 2.c. I 13 LAN D TITLE RE CORDS FOR THE
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60' SPUR TRACK EASEMENT VOLUME 73161 , PAGE 1230 D.R.D.C.T.
BEAR INGS ARE BASE D ON TH E NORTH LIN E OF THE R ECORDED PLAT OF LOT 1A, BLOCK 2/8059 OF DALLAS NORTHEAST IND USTRIA L PARK SEV ENTH INSTALLMENT, RECORDED IN V OLUME 99212, PAGE 2009 , D R D C T ( N 89"58'30"' W)
VICINITY MAP PORTION OF LOTS 1, 2 & 4, BLOCK 2/8059, DALLAS NORTHEAST INDUSTRIAL PARK NO. 3
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JOB NO: 1202161-1 DATE: 09/28/2012 LAST REVISED: 05/17/2013 PAGE:3 OF3
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EXHIBIT B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED THE STATE OF TEXAS COUNTY OF DALLAS
ยง ยง ยง
KNOW ALL PERSONS BY THESE PRESENTS:
That Boise Cascade Building Materi~ls Distribution, LLC, a Delaware limited liability company formerly know as Boise Buildings Solutions Distribution, L.L.C. (hereinafter called "Granter" whether one or more natural persons or legal entities) of the County of Kent, State of Delaware, for and in consideration of the sum of ONE MILLION SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS ($1,700,000.00) to the undersigned in hand paid by the City of Dallas, 1500 Marilla Street, Dallas, Texas, 75201, a Texas municipal corporation (hereinafter called "City"), the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto City, its successors and assigns, all of the property described in Exhibit "A", attached hereto and made a part hereof by reference for all purposes. SPECIAL PROVISIONS: None TO HAVE AND TO HOLD the above ~escribed premises, together with all and singular the rights and appurtenances thereto i anywise belonging unto City, its successors and assigns forever, and Granter bin s Granter and Grantor's heirs, executors , administrators or successors, to Warrant and Forever Defend all and singular the said premises unto City, its successors and assigns, against every person whomsoever lawfully claiming , or to claim the same or any part thereof. EXECUTED this _ _ _ day of _ _ _ _ _ _ _ _ _ ___
Boise Cascade Building Materials Distribution , L.L.C ., a Delaware limited liability company formerly Boise Buildings Solutions Distribution , L.L.C ., a Delaware limited liability company By: _ _ _ _ _ _ _ _ _ __ John T. Sahlberg , Sole Manager
Revised 11/26/07
Warranty Deed Page 1 of 2
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STATE OF IDAHO COUNTY OF ADA
This instrument was acknowledged before me on - - - - - - - - - -- - 20_ _ , by John T . Sahlberg , Sole Manager of Boise Building Materials Distribution, L.L.C., a Delaware limited liability company, on behalf of said limited liability company.
Notary Public, State of Idaho
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After recording return to: City of Dallas Department of Sustainable Dev]opment and Construction Real Estate ivision 320 East Jefferson Bo levard, Room 203 Dallas, Texas 75203 attn: Shaun Davis Warranty Deed Log No. 38773
Revised 11 /26/07
Warranty Deed Page 2 of 2
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FIELD NOTES DESCRIBING LAND TO BE ACQUIRED IN BLOCK 2/8059 FROM BOISE BUILDING SOLUTIONS DISTRIBUTION,
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Being a portion of Lots 1, 2 and 4, Block 2/8059 of DALLAS NORTHEAST INDUSTRIAL PARK, THIRD INSTALLMENT, an addition to the City of Dallas, Dallas County, Texas, according to the plat thereof recorded in Volume 73121, Page 31 of the Deed Records of Dallas County, Texas, being that same tract of land conveyed to Boise Building Solutions Distribution, L.L.C. by deed recorded in Volume 2004215, Page 157 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows : Beginning at a 1/2 inch iron rod (controlling monument) found for corner in the South right-of-way line of Bekay Street (60 foot public right-of-way), said point being the Northeast corner of said Lot 2, same being the Northwest corner of Lot 3, Block 2/8059 of said addition, same being the Northwest corner of a 30 foot ingress and egress easement recorded in Volume 72242, Page 127 of the Deed Records of Dallas County, Texas, same being the Northeast corner of herein described tract; Thence South 20 Degrees 17 Minutes 20 Seconds East, along the common line of said ingress and egress easement and said Lot 3, passing the Northwest corner of a tract of land conveyed to Dallas Area Rapid Transit (DART) by deed recorded in Volume 88083, Page 4905 of the Deed Records of Dallas County, Texas, and continuing along the West line of said DART tract, for a total distance of 311 .21 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS", said point being an angle point in the easterly line of said Boise Building Solutions Distribution, L.L.C. tract; Thence South, continuing along the common line of said DART tract, a distance of 108.48 feet to a 5/8 inch iron rod found for corner, said point being the beginning of a non-tangent curve to the left; Thence, in a southerly direction, continuing along the common line of said DART tract and along said curve to the left, through a central angle of 12°29'44", a radius of 424.26 feet, a chord bearing and distance of South 25°40'30" West, 92 .34 feet and an arc length of 92.53 feet to a 1/2 inch iron rod found for corner in the West line of said Lot 4 and in the East line of said Lot 1, Thence South, along the common line of said Lot 4 and along the East line of said Lot 1, continuing also along the West line of said DART tract, a distance of 293.41 feet to a 1/2 inch iron rod found for corner, said point being the Northeast corner of Lot 1A, Block 2/8059 of FINAL PLAT DALLAS NORTHEAST INDUSTRIAL PARK SEVENTH INSTALLMENT, an addition to the City of Dallas, Dallas County, Texas, according to the plat thereof recorded in Volume 99212, Page 2009 of the Deed Records of Dallas County , Texas, same being the Southeast corner of herein described tract; Thence North 89 Degrees 58 Minutes 30 Seconds West, along the common line of said Lot 1A, a distance of 435.50 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS", said point being the Southeast corner of a tract of land conveyed to Balfour Enterprises, Inc. by deed recorded in Volume 92167, Page 905 of the Deed Records of Dallas County, Texas, same being the Southwest corner of herein described tract; Thence North, along the common line of said Balfour Enterprises, Inc. tract, passing a 1/2 inch iron rod (controlling monument) found on line, at a distance of 199.44 feet and continuing for a total distance of 622.30 feet to a 1/2 inch iron rod found for corner in the South right-of-way line of the aforementioned Bekay Street, said point being the Northeast corner of said Balfour Enterprises, Inc. tract, same being the Northwest corner of herein described tract and being the beginning of a non-tangent curve to the right;
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Thence, in an easterly direction, along the South right-of-way line of said Bekay Street, and along said curve to the right, through a central angle of 14°12'30", a radius of 570 .00 feet, a chord bearing and distance of North 62°36'04" East, 140 . 9~ !::? feet and an arc length of 141 .35 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS"; ~
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Thence North 69 Degrees 42 Minutes 20 Seconds East, continuing along the South right-of-way line of said Bekay distance of 258.47 feet to the POINT OF BEGINNING and containing 314,393 square feet or 7.22 acres of land. NOTE· THIS SURVEY PLAT HAS BEEN PREPARED WITHOUT BENEFIT OF ABSTRACT TITLE TEXAS HERITAGE SURVEYING HAS NOT RESEARCHED THE LAND TITLE RECORDS FOR THE EXISTENCE OF EASEMENTS, RESTRICTIVE COVENANTS OR OTHER ENCUMBRANCES ADDITIONAL MATIERS MAY BE DISCLOSED IN THE COURSE OF A THOROUGH EXAMINATION OF THE RECORD TITLE
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JOB NO: 1202161-1
DATE: 09/28/2012 LAST REVISED: 05/17/2013 PAGE: 1 OF 3
BEARINGS ARE BASED ON THE NORTH LINE OF THE RECORDED PLAT OF LOT 1A, BLOCK 2/8059 OF DALLAS NORTHEAST INDUSTRIAL PARK SEVENTH INSTALLMENT RECORDED IN VOLUME 99212, PAGE 2009, DR DC T (N 89'58'30" W)
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BOUNDARY SURVEY PORTION OF LOTS 'I, 2 & 4, BLOCK 2/8059, DALLAS NORTHEAST INDUSTRIAL PARK NO. 3
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STEPHENS PIPE & STEEL, LLC INSTRUMENT NO. 201000166595 D.R.D.C.T.
N 89°58'30" W 435.50' (BASIS OF BEARINGS)
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LOT 1A, BLOCK 2/8059 DALLAS NORTHEAST INDUSTRIAL PARK, SEVENTH INSTALLMENT
VOLUME 99212, PAGE 2009
JOB NO: 1202161-1 DATE: 09/28/2012 LAST REVISED: 05/17/2013 PAGE: 2 OF3
M.R.D.C.T.
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D.R.D.C.T. DEED RECORDS, DALLAS COUNTY, TEXAS
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BEARINGS ARE BASED ON THE NORTH LINE OF THE RECORDED PLAT OF LOT 1A, BLOCK 2/8059 OF DALLAS NORTHEAST INDUSTRIAL PARK SEVENTH INSTALLMENT, RECORDED IN VOLUME 99212, PAGE 2009, DR DC T (N 89'58'30" W)
VICINITY MAP PORTION OF LOTS 1, 2 & 4, BLOCK 2/8059, DALLAS NORTHEAST INDUSTRIAL PARK NO. 3
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AGENDA ITEM # 27 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
Outside City Limits
DEPARTMENT:
Sustainable Development and Construction Water Utilities
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195 Forest E. Turner, 670-3390
MAPSCO:
N/A ________________________________________________________________
SUBJECT Authorize acquisition from Jaime A. Alford and Marshall C. Alford, of approximately 16,426 square feet of land located in Dallas County for the Lake Tawakoni 144-inch Pipeline Project - Not to exceed $18,500 ($15,769, plus closing costs and title expenses not to exceed $2,731) - Financing: Water Utilities Capital Construction Funds BACKGROUND This item authorizes the acquisition of a tract of land containing approximately, 16,426 square feet located in Dallas County. This property will be used for the construction of a 144-inch raw water transmission line for the Lake Tawakoni Pipeline Project. The consideration is based on an independent appraisal. This acquisition is part of the Lake Fork Project, currently underway by Dallas Water Utilities, which will allow the construction of a third pipeline from Lake Tawakoni to the Tawakoni Balancing Reservoir, and then to the Eastside Water Treatment Plant. Ultimately, a new 144-inch pipeline will be placed parallel to the existing 72-inch and 84-inch pipelines. The construction of the third pipeline from Lake Tawakoni to Dallas will allow capacity for Lake Fork to supply water to meet current city needs and future water demands. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Water Utilities Capital Construction Funds - $18,500 ($15,769, plus closing costs and title expenses not to exceed $2,731)
OWNER Jaime A. Alford Marshall C. Alford MAP Attached
Agenda Date 01/22/2014 - page 2
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COUNCIL CHAMBER
January 22, 2014 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS PURCHASE FOR PUBLIC USE. DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas “PROPERTY": Approximately 16,426 square feet of land located in Dallas County, Texas, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes, and any and all improvements, rights and appurtenances appertaining thereto. “PROJECT”: Lake Tawakoni 144-inch Raw Water Transmission Pipeline “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 subject to the exceptions, reservations, covenants, conditions and/or interests, if any, provided in the instrument more particularly described in Exhibit “B”. "OWNER": Jaime A. Alford and Marshall C. Alford, 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. "PURCHASE AMOUNT":
$15,769
"CLOSING COSTS AND TITLE EXPENSES": Not to exceed $2,731 "AUTHORIZED AMOUNT": Not to exceed $18,500
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 CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.
COUNCIL CHAMBER
January 22. 2014 SECTION 3. That the City Manager, and/or the City Manager's designees, is hereby authorized and directed to consummate and accept the purchase, grant, and conveyance to CITY of the PROPERTY INTEREST in and to the PROPERTY pursuant to the conveyancing instrument substantially in the form described in Exhibit "B", attached hereto and made a part hereof for all purposes, and approved as to form by the City Attorney and to execute, deliver and receive such other usual and customary documents necessary, appropriate and convenient to consummating this transaction. SECTION 4. 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 5. That OWNER has been provided with a copy of the Landowner's Bill of Rights as contemplated by applicable state statute. SECTION 6. That in the event this acquisition closes, 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 PURCHASE AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Water Utilities Capital Construction Funds, Fund No. 0102, Department DWU, Unit CW20, Activity RWPT, Program No. 704041, Object 4210, Encumbrance No. CTDWU704041 DL. The PURCHASE AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 7. That CITY is to have possession and/or use, as applicable, of the PROPERTY at closing; and CITY will pay any title expenses and closing costs . All costs and expenses described in this section shall be paid from the previously described funds. 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. APPROVED AS TO FORM: WARREN M. S. ERNST, City Attorney
ev ~d~ Assistant City Attorney
EXHt8fT A FIELD NOTES DESCRIBING A TRACT OF LAND FOR THE SIMPLE FEE ACQUISITION OF THE RIGHT-OF-WAY FOR THE LAKE TAWAKONI RAW \YATER TRANSMISSION MAIN DALLAS COUNTY, TEXAS Parcel: 103 BEING a 16,426 square foot tract of land in the James M. Bennett Survey, Abstract No. 85 , and located in the Town of Sunnyvale, Dallas County, Texas, and being part of Lot 2, Block A, LOMAD ADDITION, an addition to the Town of Sunnyvale, as described in Instrument No. 20120035308, in the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), said Lot 2 being described in Warranty Deed with Vendor's Lien to Jaime A. Alford and Marshall C. Alford, dated December 13, 2012, as recorded in Instrument No. 201200380889, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod found at the northwest comer of a tract of land described in General Warranty Deed with Vendor's Lien to Jennifer L. Guthrie, a Married Person, dated October 29, 2004, as recorded in Volume 2004214, Page 8709, of the Deed Records of Dallas, County, Texas, (D.R.D.C.T.), and the northeast corner of a tract of land described in Warranty Deed (with Vendor's Lien) to Bryan Lee Napier and wife, Deborah B. Napier, dated January 20, 2005, as recorded in Volume 2005017, Page 2552, D.R.D.C.T., being in the south line of Larkin Road (variable width right-of-way); THENCE South 88 degrees 04 minutes 51 seconds East, with the north line of said Guthrie tract and said south line of said Larkin Road, a distance of 174.99 feet to an aluminum disk stamped "LOMAD" found at the POINT OF BEGINNING, being the northwest comer of said Lot 2 and the northeast comer of said Guthrie tract, said point being the on a non-tangent curve to the right having a radius of277.85 feet and a central angle of 39 degrees 15 minutes 36 seconds; THENCE continuing with said south line of Larkin Road, with the north line of said Lot 2, and with said curve to the right an arc distance of 190.39 feet (Chord Bearing South 68 degrees 24 minutes 00 seconds East - 186.68 feet), to a 1/2-inch iron rod found at a northeast comer of said Lot 2 and the northwest comer of Lot 1, Block A, of said LOMAD ADDITION; THENCE South 42 degrees 57 minutes 47 seconds West, departing said south line of Larkin Road and with an interior easterly line of said Lot 2 and the westerly line of said Lot 1, a distance of 64.83 feet to a 1/2-inch iron rod with a red plastic cap stamped "DAL-TECH" (hereinafter referred to as "with cap") set; THENCE South 84 degrees 12 minutes 09 seconds West, departing said easterly line of Lot 2 and said westerly line of Lot 1, a distance of 136.31 feet to a 112-inch iron rod with cap set in the west line of said Lot 2 and the east line of said Guthrie tract; THENCE North 02 degrees 44 minutes 38 seconds East, with said west line of Lot 2 and said east line of the Guthrie tract, a distance of 130.09 feet to the POINT OF BEGINNING AND CONTAINING 16,426 square feet or 0.3771 acres ofland, more or less.
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EXHt8ff A FIELD NOTES DESCRIBING A TRACT OF LAND FOR THE SIMPLE FEE ACQUISITION OF THE RIGHT-OF-WAY FOR THE LAKE TAWAKONI RAW WATER TRANSMISSION MAIN DALLAS COUNTY, TEXAS Parcel: 103
All bearings for this tract refer to the NAD-83 Texas State Plane Coordinate System, North Central Zone 4202, according to measurements made at NGS continuously operating reference stations Collin CORS ARP, Dallas CORS ARP, Kaufinan CORS ARP, Tyler CORS ARP, and Paris CORS ARP. The Kaufinan County scale factor of 1.000114077 as published by the Texas Department of Transportation, Dallas District was used for this project.
A plat of even survey date herewith accompanies this legal description.
::mpan<;kt] ;:eCH Engineering~::: Surveyor's Name:
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Patrick J. Baldasaro Registered Professional Land Surveyor Texas No. 5504
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OWNER: BRYAN LEE NAP IER AND WIFE DEBORAH B . NAPIER VOL. 200501 7, PG. 2552 D.R.D.C . T.
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ALL BEARINGS FOR THIS TRACT REFER TO THE NA0-83 TEXAS STATE PLANE COORO I NATE SYSTEM. NORTH CENTRAL ZONE 4202· ACCORDING TO MEASUREMENTS MADE AT NGS CONTINUOUSLY OPERATING REFERENCE STATIONS COLLIN CORS ARP. DALLAS CDRS ARP, KAUFMAN CORS ARP, TYLER CORS ARP, ANO PARIS CORS ARP. THE KAUFMAN COUNTY SCALE FACTOR OF 1.000114077 AS PUBLISHED BY THE TEXAS DEPARTMENT OF TRANSPORT AT I ON , DALLAS DISTRICT WAS USED FOR THIS PROJECT.
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OAL-TECH ENGINEERING, INC , 17400 DALLAS PKWY , SUITE 110 DALLAS, TEXAS 75287. TEL. (972)250-2727, FAX (972)250-4774
BY
CITY OF DALLAS
THE TOWN OF SUNNYVALE. DALLAS COUNTY. TEXAS FOR THE
JAMES M BENNETT SURVEY, ABSTRACT NO 85
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\ CO.P.R.D.C.T.l NOTE: THIS suFivE·Y ·wA·s PERFORMED BASE UPON RECORD DATA PROVIDED UNDER FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT G.F. NUMBER 08R34399 LW1, WITH AN EFFECTIVE DATE OF FEBRUARY 18. 2013
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OWNER: JENNIFER L GUTHRIE
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OWNER: WILLIAM J. JACKSON AND WIFE, \ \ BARBARA JACKSON Y2"FIR \ VOL. 80180, PG. 2311 CC.M.l ~ D.R.D.C.T.
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PARCEL 103 '~ vo 16,426 S.F. ~ 542 5 7'4 7"W 0 I") N.-0.3771 AC. " ""· \ 6 \ 83' I I '\.% 0 z ~ -.;;:..~ Y2"SIR 584°12 '09"~ I I \~\~~ \ W/ CAP 6 31' ( __ Vi('SIR
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CITY OF DALLAS WATER LINE RIGHT-OF-WAY " TRACT 1" VOL. 24, PG. 754 D.R.D.C.T. <VARIABLE WIDTH RIGHT-OF-WAY l
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TOWN OF SUNNYVALE DALLAS COUNTY
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EXHIBIT B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED THE STATE OF TEXAS COUNTY OF DALLAS
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KNOW ALL PERSONS BY THESE PRESENTS:
That Jaime A. Alford and Marshall C. Alford, a married couple (hereinafter called "Grantor'' whether one or more natural persons or legal entities) of the County of Dallas, State of Texas, for and in consideration of the sum of FIFTEEN THOUSAND SEVEN HUNDRED SIXTY-NINE AND 00/100 DOLLARS ($15,769.00) to the undersigned in hand paid by the City of Dallas, 1500 Marilla Street, Dallas, Texas, 75201, a Texas municipal corporation (hereinafter called "City"), the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto City, its successors and assigns, all of the property described in Exhibit "A", attached hereto and made a part hereof by reference for all purposes. SPECIAL PROVISIONS: None TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto City, its successors and assigns forever, and Grantor binds Grantor and Grantor's heirs, executors, administrators or successors, to Warrant and Forever Defend all and singular the said premises unto City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. EXECUTED this _ _ _ day of _ _ _ __ __ _ _ _ _
Jaime A. Alford
Marshall C. Alford
Revised 11/26/07
Warranty Deed Page 1 of 2
EXHIBIT B * * * * * * * * * * * * * * * * * * ** STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on - - - - - -- - -- -- By Jaime A. Alford.
Notary Public, State of TEXAS
* * * * * * * * * * * * * * * * * * * * STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on _ _ _ _ _ __ _ _ _ _ __ By Marshall C. Alford.
Notary Public, State of TEXAS
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After recording return to: City of Dallas Department of Sustainable Development and Construction Real Estate Division 320 East Jefferson Boulevard, Room 203 Dallas, Texas 75203 attn: Lisa Andrews Warranty Deed Log No. 34744
Revised 11/26/07
Warranty Deed Page 2 of 2
c HH:fVV A FIELD NOTES DESCRIBING A TRACT OF LAND FOR THE SIMPLE FEE ACQUISITION OF THE RIGHT-OF-WAY FOR THE LAKE TAWAKONI RA\V \VATER TRANSMISSION MAIN DALLAS COUNTY, TEXAS Parcel: 103 BEING a 16,426 square foot tract of land in the James M. Bennett Survey, Abstract No. 85, and located in the Town of Sunnyvale, Dallas County, Texas, and being pati of Lot 2, Block A, LOMAD ADDITION, an addition to the Town of Smmyvale, as described in Instrument No. 20120035308, in the Official Public Records of Dallas County, Texas (0.P.R.D.C.T.), said Lot 2 being described in Warranty Deed with Vendor's Lien to Jaime A. Alford and Marshall C. Alford, dated December 13, 2012, as recorded in Instrument No. 201200380889, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod found at the northwest corner of a tract of land described in General Warranty Deed with Vendor's Lien to Jennifer L. Guthrie, a Married Person, dated October 29, 2004, as recorded in Volume 2004214, Page 8709, of the Deed Records of Dallas, County, Texas, (D.R.D.C.T.), and the northeast comer of a tract of land described in Warranty Deed (with Vendor's Lien) to Bryan Lee Napier and wife, Deborah B. Napier, dated January 20, 2005, as recorded in Volume 2005017, Page 2552, D.R.D.C.T. , being in the south line of Larkin Road (variable width right-of-way); THENCE South 88 degrees 04 minutes 51 seconds East, with the north line of said Guthrie tract and said south line of said Larkin Road, a distance of 174.99 feet to an aluminum disk stamped "LOMAD" found at the POINT OF BEGINNING, being the northwest comer of said Lot 2 and the northeast comer of said Guthrie tract, said point being the on a non-tangent curve to the right having a radius of277.85 feet and a central angle of39 degrees 15 minutes 36 seconds; THENCE continuing with said south line of Larkin Road, with the north line of said Lot 2, and with said curve to the right an arc distance of 190.39 feet (Chord Bearing South 68 degrees 24 minutes 00 seconds East - 186.68 feet), to a 1/2-inch iron rod found at a northeast comer of said Lot 2 and the northwest comer of Lot 1, Block A, of said LOMAD ADDITION; THENCE South 42 degrees 57 minutes 47 seconds West, departing said south line of Larkin Road and with an interior easterly line of said Lot 2 and the westerly line of said Lot 1, a distance of 64.83 feet to a 1/2-inch iron rod with a red plastic cap stamped "DAL-TECH" (hereinafter referred to as "with cap") set; THENCE South 84 degrees 12 minutes 09 seconds West, departing said easterly line of Lot 2 and said westerly line of Lot 1, a distance of 136.31 feet to a 1/2-inch iron rod with cap set in the west line of said Lot 2 and the east line of said Guthrie tract; THENCE North 02 degrees 44 minutes 38 seconds East, with said west line of Lot 2 and said east line of the Guthrie tract, a distance of 130.09 feet to the POINT OF BEGINNING AND CONTAINING 16,426 square feet or 0.3 771 acres ofland, more or less.
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FIELD NOTES DESCRIBING A TRACT OF LAND FOR THE SIMPLE FEE ACQUISITION OF THE RIGHT-OF-WAY FOR THE LAKE TAWAKONI RAW WATER TRANSMISSION MAIN DALLAS COUNTY, TEXAS Parcel: 103
All bearings for this tract refer to the NAD-83 Texas State Plane Coordinate System, North Central Zone 4202, according to measurements made at NGS continuously operating reference stations Collin CORS ARP, Dallas CORS ARP, Kaufman CORS ARP, Tyler CORS ARP, and Paris CORS ARP. The Kaufman County scale factor of 1.000114077 as published by the Texas Department of Transportation, Dallas District was used for this project.
A plat of even survey date herewith accompanies this legal description. Company Name: By:
DAL-TECH Engineering, Inc.
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Surveyor's Name:
Date:
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Patrick J. Baldasaro Registered Professional Land Surveyor Texas No. 5504
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SI TUATED IN THE
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CITY OF DALLAS
THE TOWN OF SUNNYVALE, DALLAS COUNTY, TEXAS FOR THE
JAMES M BENNETT SURVEY. ABSTRACT NO 85
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RIGHT-OF-WAY ACQUISITION
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EXHIBIT
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DAL-TECH ENGINEERING, INC , 17400 DALLAS PKWY SUITE 110 DALLAS, TEXAS 75287, TEL. (972)25~2727, FAX (972)25()-4774
ADDITION 1 \'- 1s x 1s· 11uruA1. (INST. NO. I -lCCESS £ 5AIT 1 I 20120035308),t \ CO P R D C T l \ CO .P .R .D .C.T . l NOTE: THIS suFivE·Y 'wA·s PERFORMED BASE UPON RECORD DATA PROVIDED UNDER FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT G.F. NUMBER 08R34399 LW1, WITH AN EFFEC TIVE DATE OF FEBRUARY 18. 2013
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201200380889> CO.P.R.D.C.T.l I ~ LOT 2 I ~ J BLOCK 'A LOMAO N I (INST NO I 201200 5308 ) f
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FOUND CONCRETE MONUMENT W/ BRASS DISK STAMPED " CIT Y OF DAL L AS "
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OWNER: WILLIAM J. JACKSON AND WIFE, \ BARBARA JACKSON Yz"FIR \ \ VOL. 80180, PG . 231 1
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AL L BEARINGS FOR THIS TRACT REFER TO THE NAD-83 SQUARE FEET TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL CONTROL MONUMENT ZONE 4202. ACCORDING TO MEASUREMENTS MADE AT NGS FOUND IRON ROD CONTINUOUSLY OPERAT(NG REFERENCE STATIONS COLLIN FOUND IRON PIPE CORS ARP. DALLAS CORS ARP, KAUFMAN CORS ARP , TYLER ''2" SET IRON ROD WITH A RED PLASTIC CAP STAMPED CORS ARP, ANO PARIS CORS ARP. THE KAUFMAN COUNTY SCALE FACTOR OF 1. 000114077 AS PUBLISHED BY THE "DAL-TECH" OR "DTE" SET " X" CUT IN CONCRETE TEXAS DEPARTMENT OF TRANSPORTATION, DALLAS DISTRICT WAS USED FOR THIS PROJECT. FOUND PK. NAIL SET PK. NAIL
ALUMINUM DISK ST AMPED "LOMAD" FOUND CC.M .l
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OWNER= JENNIFER L GUTHRIE
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OWNER: BRYAN LEE NAPIER AND WIFE DEBORAH 8. NAPIER VOL . 2005017, PG. 2552 D.R.D .C. T .
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TOWN OF SUNNYVALE DALLAS COUNTY
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AGENDA ITEM # 28 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
14
DEPARTMENT:
Sustainable Development and Construction Public Works Department
CMO:
Theresa O’Donnell, 671-9293 Jill A. Jordan, P.E., 670-5299 Theresa O’Donnell, 671-9195
MAPSCO:
45L ________________________________________________________________
SUBJECT Authorize acquisition from PSA Institutional Partners, L.P., of a total of approximately 916 square feet of land located near the intersection of Hawkins and Florence Streets for the Cesar Chavez Boulevard and Pearl Street from Commerce Street to Live Oak Street Project - Not to exceed $52,540 ($50,000, plus closing costs and title expenses not to exceed $2,540) - Financing: 2003 Bond Funds BACKGROUND This item authorizes the acquisition of a total of approximately 916 square feet of land located near the intersection of Hawkins and Florence Streets from PSA Institutional Partners, L.P. This property will be used for street improvements. The consideration is based on an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2003 Bond Funds - $52,540 ($50,000, plus closing costs and title expenses not to exceed $2,540)
OWNER PSA Institutional Partners, L.P. PS GPT Properties, Inc., General Partner Harvey Lenkin, President MAP Attached
Agenda Date 01/22/2014 - page 2
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COUNCIL CHAMBER
January 22, 2014 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS PURCHASE FOR PUBLIC USE. DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas “PROPERTY": Approximately 916 square feet of land located in Dallas County, Texas, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes, and any and all improvements, rights and appurtenances appertaining thereto. “PROJECT”: Cesar Chavez Boulevard and Pearl Street from Commerce Street to Live Oak Street Project “USE”:
The construction, use, and maintenance of a street improvements together with such appurtenant facilities as may be necessary provided, however, to the extent fee title to the PROPERTY is acquired, such title and the PROPERTY shall not be limited to or otherwise deemed restricted to the USE here provided.
"PROPERTY INTEREST": Fee Simple subject to the exceptions, reservations, covenants, conditions and/or interests, if any, provided in the instrument more particularly described in Exhibit “B” "OWNER": PSA Institutional Partners, L.P., 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. "PURCHASE AMOUNT":
$50,000
"CLOSING COSTS AND TITLE EXPENSES": "AUTHORIZED AMOUNT":
Not to exceed $2,540
Not to exceed $52,540
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.
COUNCIL CHAMBER
January 22. 2014 SECTION 2. That public necessity requires that CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT. SECTION 3. That the City Manager, and/or the City Manager's designees, is hereby authorized and directed to consummate and accept the purchase, grant, and conveyance to CITY of the PROPERTY INTEREST in and to the PROPERTY pursuant to the conveyancing instrument substantially in the form described in Exhibit "B", attached hereto and made a part hereof for all purposes, and approved as to form by the City Attorney and to execute, deliver and receive such other usual and customary documents necessary, appropriate and convenient to consummating this transaction. SECTION 4. 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 5. That OWNER has been provided with a copy of the Landowner's Bill of Rights as contemplated by applicable state statute. SECTION 6. That in the event this acquisition closes, 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 PURCHASE AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of 2003 Bond Funds, Fund No. 4R22, Department PBW, Unit U779, Activity THRF, Program No. PB06U779, Object 4210, Encumbrance No. SUSU779PM64. The PURCHASE AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 7. That CITY is to have possession and/or use, as applicable, of the PROPERTY at closing; and CITY will pay any title expenses and closing costs. All costs and expenses described in this section shall be paid from the previously described funds. 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. APPROVED AS TO FORM: WARREN M. S. ERNST, City Attorney
BY
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Assistant City Attorney
EXHtBfT A 916 SQUARE FOOT (0.0210 ACRE) ACQUISITION IN BLOCKS 278 AND 317 FROM PS TEXAS HOLDINGS, LTD. FOR STREET RIGHT-OF-WAY ALL THAT certain lot, tract or parcel of land lying and being situated in the City and County of Dallas, Texas, more particularly described in the following two tracts as follows: PARCEL 1 BEING an approximately 253 square foot (0.0058 acres) tract of land lying in the John Grigsby League and Labor Survey, Abstract No. 495, City of Dallas, Dallas County, Texas and being part of an unplatted tract of land in Block 317, official City of Dallas numbers, and being part of the land conveyed to PS Texas Holdings, Ltd., by Special Warranty Deed, recorded in Volume 99246, Page 2755, Tract 2, Deed Records of Dallas County, Texas (DRDCT) and being more particularly described as follows: BEGINNING at a PK Nail with red anodized washer stamped "City of Dallas", hereinafter referred to as "with washer", set at the intersection of the east line of US Interstate 345 (variable width Right-of-Way) and the southwest line of Hawkins St. (variable width Right-of-Way), as shown on City of Dallas survey of Hawkins St. , drawing number 311-116 on file in the City of Dallas Public Works Survey Records Vault, from which a found Type I TxDot concrete monument with a brass disk bears, South 9째44'43" East, a distance of 2.35 feet, said beginning point being the most northerly corner of herein described tract; THENCE South 45째32'09" East, along the southwest line of said Hawkins St. and the northeast line of said PS Texas Holdings Ltd. tract, a distance of 10.50 feet, to a PK Nail with washer set; THENCE South 5째00'02" East, departing the southwest line of said Hawkins St. and over and across said PS Texas Holdings, Ltd. tract, a distance of 74.24 feet, to a 5/8" Iron Rod with red plastic cap stamped "City of Dallas" set in the southeast line of said US Interstate 345 and the northwest line of said PS Texas Holdings, Ltd. tract; THENCE North 9째44'43" West, along the southeast line of said US Interstate 345 and the northwest line of said PS Texas Holdings, Ltd. tract, passing previously mentioned Type I TX Dot concrete monument at a distance of 80.15 feet and continuing in all a total distance of 82.50 feet to the POINT OF BEGINNING and containing approximately 253 square feet or 0.0058 acres of land.
PARCEL 2 BEING an approximately 521 square foot (0.0120 acres) tract of land lying in the John Grigsby League and Labor Survey, Abstract No. 495, City of Dallas, Dallas County, Texas and being part of an unplatted tract of land in Block 317, official City of Dallas numbers, and being part of the land conveyed to PS Texas Holdings, Ltd., by Special Warranty Deed, recorded in Volume 99246, Page 2755, Tract 2, Deed Records of Dallas County, Texas (DRDCT) and being more particularly described as follows: Page 1 of 4
EXHtBtT A 916 SQUARE FOOT (0.0210 ACRE) ACQUISITION IN BLOCKS 278 AND 317 FROM PS TEXAS HOLDINGS, LTD. FOR STREET RIGHT-OF-WAY
BEGINNING at the intersection of the east line of US Interstate 345 (variable width Right-ofWay) and the northwest line of Florence St. (60' width Right-of-Way at this point) as awarded to the City of Dallas for the extension of said Florence St. by Judgment styled City of Dallas v. Oak Central, Inc., etal., No. CC-70-7390-b of the County Court of Dallas County at Law No. 2, dated July 1, 1971 and recorded in Volume 71131, Page 2700, DRDCT, from which a found Iron Rod bears North 17°53'39" East, a distance of 1.38 feet and a found Type I TxDot concrete monument with a brass disk (Controlling Monument) bears, South 9°44'43" East, a distance of 74.36 feet, said beginning point being the most southerly corner of said Tract 2 of PS Texas Holdings, Ltd. tract and the herein described tract; THENCE North 9°44'43" West, along the southeast line of said US Interstate 345 and the westerly line of said PS Texas Holdings, Ltd. tract, a distance of 38.00 feet to a 5/8" Iron Rod with red plastic cap stamped "City of Dallas" set at the most northerly corner of the herein described tract; THENCE South 66°36'01" East, departing the southwest line of said US Interstate 345 and over and across said PS Texas Holdings, Ltd. tract, a distance of 32.76 feet, to a Mag Nail with red anodized washer stamped "City of Dallas", set in the northwest line of said Florence St. and the southeast line of said Tract 2 of PS Texas Holdings, Ltd. tract; THENCE South 44°02'33" West, along the northwest line of said Florence St. and the southeast line of said PS Texas Holdings, Ltd. tract, a distance of 34.00 feet to the POINT OF BEGINNING and containing approximately 521 square feet or 0.0120 acres of land. PARCEL3 BEING an approximately 142 square foot (0.0033 acres) tract of land lying in the John Grigsby League and Labor Survey, Abstract No. 495, City of Dallas, Dallas County, Texas and being part of an unplatted tract of land in Block 278, official City of Dallas numbers, and being part of the land conveyed to PS Texas Holdings, Ltd., by Special Warranty Deed, recorded in Volume 99246, Page 2755, Tract 1, Deed Records of Dallas County, Texas (DRDCT) and being more particularly described as follows: COMMENCING at a Type I TX Dot concrete monument with a brass disk found at the intersection of the northeast line of US Interstate 345, also known as Central Expressway (variable width right-of-way) and the southeast line of Florence St. (60' width at this point), said monument also being the most southerly corner of a tract of land awarded to the City of Dallas in Judgment styled City of Dallas v. Oak Central, Inc., et al., Cause No. CC-70-7390-b, County Court of Dallas at Law No. 2, dated July 1, 1971 and recorded in Volume 71131, Page 2700, DRDCT;
Page 2 of 4
EXHtBfT A 916 SQUARE FOOT (0.0210 ACRE) ACQUISITION IN BLOCKS 278 AND 317 FROM PS TEXAS HOLDINGS, LTD. FOR STREET RIGHT-OF-WAY THENCE South 9°44'43" East, departing the southeast line of said Florence St. and with the said northeast line of US Interstate 345 and the southwest line of said PS Texas Holdings tract, a distance of 146.45 feet to a 5/8" Iron Rod with red plastic cap stamped "City of Dallas", hereinafter referred to as, "with cap", set at the beginning of a curve to the left with a radius of 300.00 feet and a chord which bears, South 18°37'02" East, a distance of 92.54 feet, said iron rod also being the most northerly corner of the herein described tract and the POINT OF BEGINNING; THENCE departing the said northeast line of US Interstate 345 and with said curve to the left through a central angle of 17°44'38", an arc distance of 92.91 feet to a 5/8" Iron Rod with cap set in the northeast line of said US Interstate 345 and the southwest line of said PS Texas Holdings tract (from which the intersection of the said northeast line of US interstate 345 and the northwest line of Swiss Ave. (60' right-of-way) bears, South 27°29'21" East, a distance of 146.13 feet, said point also being the most southerly point of the herein described tract); THENCE North 27°29'21" West, with the said northeast line of US Interstate 345 and the southwest line of said PS Texas Holdings tract, a distance of 27.82 feet to a 5/8" Iron Rod with cap set at an angle point in said line; THENCE North 45°43'05" West, continuing with the said northeast line of US Interstate 345 and the southwest line of PS Texas Holdings tract, a distance of 9.86 feet to a PK Nail with red anodized washer stamped "City of Dallas", set at an angle point in said line; THENCE North 9°44'43' West, continuing with the said northeast line of US Interstate 345 and the southwest line of PS Texas Holdings tract, a distance of 56.95 feet to the POINT OF BEGINNING and containing approximately 142 square feet or 0.0033 acres of land. BASIS OF BEARINGS: Bearings are based on the Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983. SRH/dhc PSTexasHoldings.doc
Page 3 of 4
EXHtBfT A
Live Oak Lofts, LP
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521 Sq. Ft. (0.0120 acres) To Be Acquired l.R. Fnd brs 1. 8' - N17°53'39"E
TxDot Mon. Fnd brs. 74.36' - S9°44'43'E from POB PARCEL 2 brs. 146.411' - N9°44'43"W from POB PARCEL 3 CONTROLLING MONUMENT
POINT OF BEGINNING PARCEL 3
L=92.91' R=300.00' 6=17°44'38.. C=92.54' CB= 818°37'02..
5'8.. l.R. Set
142 Sq. Ft. (0.0033 ac.l To Be Acquired
181
PK Nail wCOD Washer (Set)
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PK Nail
CENTRAL BOULEVARD
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To Be Acquired
NOTE: Width of Hawkins St. as established by City of Dallas Survey shown on drawing #311-116.
Property Acquisition for Street Widening
PS Texas Holdin s LTD.
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DEPT. OF PUBLIC WORKS&. TRANSPORTATION SURVEY DIVISION CITY OF DALLAS, TEXAS DESIGN FILE NAME
SCALE
DATE
BASIS OF BEARINGS: Bearing are based on the Texas ' \ FOLDER State Plane Coordinate System, North Central Zone, North '~ , ' FILE No. American Datum of 1983. \,' l"D-.-C-o-e-la-nd-+--D-.-Co-e-la-nd--11-B-lo_c_k_2_7_8_&_3_17.._3_1_1_~.;..;._,1_0_3___.
EXHIBIT B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF DALLAS
ยง ยง ยง
KNOW ALL PERSONS BY THESE PRESENTS:
That PSA Institutional Partners, LP., a California limited partnership, formerly PS Texas Holdings Ltd., a Texas limited partnership (hereinafter called "Grantor" whether one or more natural persons or legal entities) of the County of Los Angeles, State of California, for and in consideration of the sum of FIFTY THOUSAND AND N0/100 DOLLARS ($50,000.00) to the undersigned in hand paid by the City of Dallas, 1500 Marilla Street, Dallas, Texas, 75201, a Texas municipal corporation (hereinafter called "City"), the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto City, its successors and assigns, all of the property described in Exhibit "A", attached hereto and made a part hereof by reference for all purposes. SPECIAL PROVISIONS: None TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto City, its successors and assigns forever, and Grantor binds Grantor and Grantor's heirs, executors, administrators or successors, to Warrant and Forever Defend all and singular the said premises unto City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED this _ _ _ day of _ _ _ _ _ _ _ _ __ PSA Institutional Partners, LP., a California limited partnership By: PS LPT Properties Investors, a Maryland real estate investment trust, its general partner
Name: David F. Doll Title: Senior Vice President
Revised 2/1 /07
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EXMIBIT B
COUNTY OF LOS ANGELES This instrument was acknowledged before me on ______________ by David F. Doll, Senior Vice President of PS LPT Properties Investors, a Maryland real 1 estate investment trust, gen eral partner of PSA Institutional Partners, LP., a California limited partnership on behalf of said limited partnership.
Notary Public, State of California
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After recording return to: City of Dallas Department of Sustainable Development and Construction Real Estate Division 320 East Jefferson Boulevard, Room 203 Dallas, Texas 75203 attn: Mark A. Proctor Special Warranty Deed Log No. 38059 I City Blocks 278 and 317
Revised I 0-20-09
Special Warranty Deed
Page 2
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t:AHIHf t A 916 SQUARE FOOT (0.0210 ACRE) ACQUISITION IN BLOCKS 278 AND 317 FROM PS TEXAS HOLDINGS, LTD. FOR STREET RIGHT-OF-WAY ALL THAT certain lot, tract or parcel of land lying and being situated in the City and County of Dallas, Texas, more particularly described in the following two tracts as follows:
PARCEL1 BEING an approximately 253 square foot (0.0058 acres) tract of land lying in the John Grigsby League and Labor Survey, Abstract No. 495, City of Dallas, Dallas County, Texas and being part of an unplatted tract of land in Block 317, official City of Dallas numbers, and being part of the land conveyed to PS Texas Holdings, Ltd., by Special Warranty Deed, recorded in Volume 99246, Page 2755, Tract 2, Deed Records of Dallas County, Texas (DRDCT) and being more particularly described as follows: BEGINNING at a PK Nail with red anodized washer stamped "City of Dallas", hereinafter referred to as "with washer", set at the intersection of the east line of US Interstate 345 (variable width Right-of-Way) and the southwest line of Hawkins St. (variable width Right-of-Way), as shown on City of Dallas survey of Hawkins St., drawing number 311-116 on file in the City of Dallas Public Works Survey Records Vault, from which a found Type I TxDot concrete monument with a brass disk bears, South 9째44'43" East, a distance of 2.35 feet, said beginning point being the most northerly corner of herein described tract; THENCE South 45째32'09" East, along the southwest line of said Hawkins St. and the northeast line of said PS Texas Holdings Ltd. tract, a distance of 10.50 feet, to a PK Nail with washer set; THENCE South 5째00'02" East, departing the southwest line of said Hawkins St. and over and across said PS Texas Holdings, Ltd. tract, a distance of 74.24 feet, to a 5/8" Iron Rod with red plastic cap stamped "City of Dallas" set in the southeast line of said US Interstate 345 and the northwest line of said PS Texas Holdings, Ltd. tract; THENCE North 9째44'43" West, along the southeast line of said US Interstate 345 and the northwest line of said PS Texas Holdings, Ltd. tract, passing previously mentioned Type I TX Dot concrete monument at a distance of 80.15 feet and continuing in all a total distance of 82.50 feet to the POINT OF BEGINNING and containing approximately 253 square feet or 0.0058 acres of land.
PARCEL2 BEING an approximately 521 square foot (0.0120 acres) tract of land lying in the John Grigsby League and Labor Survey, Abstract No. 495, City of Dallas, Dallas County, Texas and being part of an unplatted tract of land in Block 317, official City of Dallas numbers, and being part of the land conveyed to PS Texas Holdings, Ltd., by Special Warranty Deed, recorded in Volume 99246, Page 2755, Tract 2, Deed Records of Dallas County, Texas (DRDCT) and being more particularly described as follows: Page 1 of 4
EXHtBtT A 916 SQUARE FOOT (0.0210 ACRE) ACQUISITION IN BLOCKS 278 AND 317 FROM PS TEXAS HOLDINGS, LTD. FOR STREET RIGHT-OF-WAY
BEGINNING at the intersection of the east line of US Interstate 345 (variable width Right-ofWay) and the northwest line of Florence St. (60' width Right-of-Way at this point) as awarded to the City of Dallas for the extension of said Florence St. by Judgment styled City of Dallas v. Oak Central, Inc., etal., No. CC-70-7390-b of the County Court of Dallas County at Law No. 2, dated July 1, 1971 and recorded in Volume 71131, Page 2700, DRDCT, from which a found Iron Rod bears North 17°53'39" East, a distance of 1.38 feet and a found Type I TxDot concrete monument with a brass disk (Controlling Monument) bears, South 9°44'43" East, a distance of 74.36 feet, said beginning point being the most southerly corner of said Tract 2 of PS Texas Holdings, Ltd. tract and the herein described tract; THENCE North 9°44'43" West, along the southeast line of said US Interstate 345 and the westerly line of said PS Texas Holdings, Ltd. tract, a distance of 38.00 feet to a 5/8" Iron Rod with red plastic cap stamped "City of Dallas" set at the most northerly corner of the herein described tract; THENCE South 66°36'01" East, departing the southwest line of said US Interstate 345 and over and across said PS Texas Holdings, Ltd. tract, a distance of 32.76 feet, to a Mag Nail with red anodized washer stamped "City of Dallas", set in the northwest line of said Florence St. and the southeast line of said Tract 2 of PS Texas Holdings, Ltd. tract; THENCE South 44°02'33" West, along the northwest line of said Florence St. and the southeast line of said PS Texas Holdings, Ltd. tract, a distance of 34.00 feet to the POINT OF BEGINNING and containing approximately 521 square feet or 0.0120 acres of land.
PARCEL3 BEING an approximately 142 square foot (0.0033 acres) tract of land lying in the John Grigsby League and Labor Survey, Abstract No. 495, City of Dallas, Dallas County, Texas and being part of an unplatted tract of land in Block 278, official City of Dallas numbers, and being part of the land conveyed to PS Texas Holdings, Ltd., by Special Warranty Deed, recorded in Volume 99246, Page 2755, Tract 1, Deed Records of Dallas County, Texas (DRDCT) and being more particularly described as follows: COMMENCING at a Type I TX Dot concrete monument with a brass disk found at the intersection of the northeast line of US Interstate 345, also known as Central Expressway (variable width right-of-way) and the southeast line of Florence St. (60' width at this point), said monument also being the most southerly corner of a tract of land awarded to the City of Dallas in Judgment styled City of Dallas v. Oak Central, Inc., et al., Cause No. CC-70-7390-b, County Court of Dallas at Law No. 2, dated July 1, 1971 and recorded in Volume 71131, Page 2700, DRDCT;
Page 2 of 4
EXHtBtT A 916 SQUARE FOOT (0.0210 ACRE) ACQUISITION IN BLOCKS 278 AND 317 FROM PS TEXAS HOLDINGS, LTD. FOR STREET RIGHT-OF-WAY THENCE South 9°44'43" East, departing the southeast line of said Florence St. and with the said northeast line of US Interstate 345 and the southwest line of said PS Texas Holdings tract, a distance of 146.45 feet to a 5/8" Iron Rod with red plastic cap stamped "City of Dallas", hereinafter referred to as, "with cap", set at the beginning of a curve to the left with a radius of 300.00 feet and a chord which bears, South 18°37'02" East, a distance of 92.54 feet, said iron rod also being the most northerly corner of the herein described tract and the POINT OF BEGINNING; THENCE departing the said northeast line of US Interstate 345 and with said curve to the left through a central angle of 17°44'38", an arc distance of 92.91 feet to a 5/8" Iron Rod with cap set in the northeast line of said US Interstate 345 and the southwest line of said PS Texas Holdings tract (from which the intersection of the said northeast line of US interstate 345 and the northwest line of Swiss Ave. (60' right-of-way) bears, South 27°29'21" East, a distance of 146.13 feet, said point also being the most southerly point of the herein described tract); THENCE North 27°29'21" West, with the said northeast line of US Interstate 345 and the southwest line of said PS Texas Holdings tract, a distance of 27.82 feet to a 5/8" Iron Rod with cap set at an angle point in said line; THENCE North 45°43'05" West, continuing with the said northeast line of US Interstate 345 and the southwest line of PS Texas Holdings tract, a distance of 9.86 feet to a PK Nail with red anodized washer stamped "City of Dallas", set at an angle point in said line; THENCE North 9°44'43' West, continuing with the said northeast line of US Interstate 345 and the southwest line of PS Texas Holdings tract, a distance of 56.95 feet to the POINT OF BEGINNING and containing approximately 142 square feet or 0.0033 acres of land. BASIS OF BEARINGS: Bearings are based on the Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983. SRH/dhc PSTexasHoldings.doc
Page 3 of 4
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AGENDA ITEM # 29 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
2
DEPARTMENT:
Sustainable Development and Construction Public Works Department
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195 Jill A. Jordan, P.E., 670-5299
MAPSCO:
55H ________________________________________________________________
SUBJECT Authorize moving expense and replacement housing payments for Leticia Gonzalez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property at 707 Pontiac Avenue for future City facilities Not to exceed $46,400 - 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 August 14, 2013, the City Council approved Resolution No. 13-1313 which authorized the acquisition of real property known as 707 Pontiac Avenue for future City facilities. Leticia Gonzalez will be displaced as a direct result of this property acquisition. She has qualified for a moving expense payment of up to $1,400 and a replacement housing payment of up to $45,000 pursuant to City Code and will use the replacement housing payment to acquire a replacement property. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 14, 2013, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for future City facilities by Resolution No. 13-1313. FISCAL INFORMATION 2006 Bond Funds - $46,400
OWNER Leticia Gonzalez MAP Attached
Agenda Date 01/22/2014 - page 2
Future City Facilities Project Relocation Assistance
Lot 11, Block 12/6641 - 707 Pontiac Avenue
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on November 7, 2006, Dallas voters approved the use of General Obligation Bonds to acquire property for future City facilities; and WHEREAS, Leticia Gonzalez 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 August 14, 2013, the City Council approved Resolution No. 13-1313 authorizing the acquisition of 707 Pontiac Avenue located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of future City facilities. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That Leticia Gonzalez 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 Leticia Gonzalez is eligible to receive a moving expense payment in an amount up to $1,400 and a replacement housing payment in an amount up to $45,000. Section 3. That the City Controller is authorized to draw warrants in favor of Leticia Gonzalez in an amount not to exceed $46,400 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 SUST825ND90 SUST825ND91
Vendor No
Amount
VC0000012343 VC0000012344
$45,000 $ 1,400
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 # 30 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
2
DEPARTMENT:
Sustainable Development and Construction Office of Economic Development
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195 Ryan S. Evans, 671-9837
MAPSCO:
45R ________________________________________________________________
SUBJECT A resolution authorizing the City Manager to sell a tract of land used for parking and dumpsters at the Dallas Farmers Market to FM Park, LLC by executing: (1) a purchase and sale agreement; and (2) a deed without warranty â&#x20AC;&#x201C; Revenue: $185,000 BACKGROUND This item authorizes the sale of a single parcel of Dallas Farmers Market property. Section 272.001(b)(6) of the Texas Local Government Code provides for an exception to the requirement to seek public bids for the sale of City-owned property if the sale is made to allow for the development of land pursuant to a tax increment financing (TIF) reinvestment zone project and financing plan and the sale price is no less than the fair market value of the property as established by an appraisal. On February 27, 2013, the City Council authorized a public hearing to be held on March 27, 2013, to expand the boundaries of the Farmers Market TIF District and on March 27, 2013, the City Council authorized the expansion of the Farmers Market TIF District to include the properties that comprise the Dallas Farmers Market. On February 27, 2013, the City Council also authorized a Master Agreement for the redevelopment of the Dallas Farmers Market with DFM Developer, Ltd. (Brian Bergersen, principal), which outlined a redevelopment plan for the Dallas Farmers Market.
BACKGROUND (continued) Pursuant to the plan set forth in the Master Agreement, on March 27, 2013, the City Council approved the lease or sale of Farmers Market property to entities related to DFM Developer, Ltd. Shed 1 was leased to DF Market 1, LLC, and after its renovation, will be operated as a marketplace for local farmers and farm merchants and vendors to sell produce and other farm-related products. The parking and dumpster parcel was initially omitted from the surveys prepared to facilitate the sale and lease of Dallas Farmers Market property; however, use of the parcel is necessary to support Shed 1 operations, which is why the City Council is being asked to authorize its sale today. The parking and dumpster tract will be conveyed by deed without warranty to FM Park, LLC for $185,000. The purchase price of this parcel is based on an independent appraisal. The land will return to the tax rolls upon conveyance. The deed without warranty will include operating covenants, which will require that the owner maintain the parking and dumpster uses on the property to support Shed 1 operations for a period of 40 years (the length of the Shed 1 lease, including the base term of 30 years and the 2, 5-year renewal options) or provide an alternate location that is reasonably satisfactory to the City. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 28, 2013, the Farmers Market TIF District board of directors approved an amendment to the Farmers Market TIF District Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Dallas Farmers Market property. On February 20, 2013, City Council was briefed on a Master Agreement for the Redevelopment of the Dallas Farmers Market and the proposed amendments to the Farmers Market TIF District Project and Financing Plan. On February 27, 2013, by Resolution No. 13-0447, the City Council approved a Master Agreement for the Redevelopment of the Dallas Farmers Market with DFM Developer, Ltd. On February 27, 2013, by Resolution No. 13-0448, the City Council authorized a public hearing to be held on March 27, 2013 to hear citizen concerns and comments regarding the proposed amendments to the Farmers Market TIF Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Dallas Farmers Market property.
Agenda Date 01/22/2014 - page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (continued) On March 27, 2013, by Ordinance No. 28951, the City Council approved amendments to the Farmers Market TIF Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Dallas Farmers Market property. On March 27, 2013, by Resolution Nos. 13-0535, 13-0536, 13-0537, 13-0538, and 13-0539, the City Council authorized the City Manager to lease Shed 1 of the Dallas Farmers Market and sell the Dallas Farmers Market Shed 2, Sheds 3 and 4, the auxiliary/administration building, and remote parking area to facilitate the redevelopment plan outlined in the Master Agreement. On June 12, 2013, by Resolution No. 13-1019, the City Council authorized amendments to Resolution Nos. 13-0535, 13-0536, and 13-0538 to modify the entities with which the City Manager was authorized to enter into lease or purchase and sale agreements. FISCAL INFORMATION Revenue: $185,000 OWNER FM Park, LLC Brian Bergersen, Manager MAP Attached
Agenda Date 01/22/2014 - page 3
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COUNCIL CHAMBER
January 22, 2014 WHEREAS, the City of Dallas is the owner of a tract of land located near the intersection of Harwood Street and Interstate Highway 30, Dallas, Dallas County, Texas, which is used for parking and dumpsters to support the operations of Shed 1 of the Dallas Farmers Market (Property); and WHEREAS, on May 27, 1998, by Ordinance No. 23521, the City Council established Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District) to promote development in the Dallas Farmers Market area, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code (Act), as amended; and WHEREAS, on August 25, 1999, by Ordinance No. 24001, the City Council authorized a Project and Financing Plan for the Farmers Market TIF District; and WHEREAS, Section 272.001(b)(6) of the Texas Local Government Code provides for an exception to the requirement to seek public bids for the sale of City-owned property if the sale is made to allow for the development of land pursuant to a tax increment financing reinvestment zone project and financing plan and the sale price is no less than the fair market value of the property as established by an appraisal; and WHEREAS, on February 27, 2013, by Resolution No. 13-0448, the City Council authorized a public hearing to be held on March 27, 2013 to hear citizen concerns and comments regarding proposed amendments to the Farmers Market TIF Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Property; and WHEREAS, on February 27, 2013, by Resolution No. 13-0447, the City Council also authorized a Master Agreement for the redevelopment of the Dallas Farmers Market with DFM Developer, Ltd. (Brian Bergersen, principal), which outlined a redevelopment plan for the Dallas Farmers Market, that is in line with the goals and objectives of the proposed amendments to the Farmers Market TIF District Project and Financing Plan; and WHEREAS, pursuant to the plan set forth in the Master Agreement, on March 27, 2013, the City Council approved the lease or sale of Farmers Market property to entities related to DFM Developer, Ltd.; and WHEREAS, Shed 1 was leased to DF Market 1, LLC, and after its renovation, will be operated as a marketplace for local farmers and farm merchants and vendors to sell produce and other farm-related products and the Property is necessary to support such operations; and
COUNCIL CHAMBER
January 22, 2014 WHEREAS, FM Park, LLC (Grantee), an entity related to DFM Developer, Ltd., has requested to purchase the Property for and in consideration of $185,000 for use as parking and dumpster space to support Shed 1 operations as part of the redevelopment plan contemplated in the Master Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas (Grantor) is the owner of the Property. SECTION 2. That the City Council finds that the Property is located within the boundaries of the Farmers Market TIF District, and that it is necessary and convenient to have the Property developed pursuant to the objectives of the Farmers Market TIF District Project and Financing Plan, as amended, and in accordance with the Master Agreement. SECTION 3. That the City Manager, upon approval as to form by the City Attorney, is authorized to execute a sale agreement for the Property with Grantee. SECTION 4. That upon receipt of ONE HUNDRED EIGHTY-FIVE THOUSAND AND NO/100 ($185,000.00) DOLLARS from Grantee, the City Manager, upon approval as to form by the City Attorney, is authorized to execute a deed without warranty for the Property, to be attested by the City Secretary. The deed without warranty is subject to the conditions contained in Sections 5 and 6. The transfer of the Property from Grantor to Grantee will occur prior to September 30, 2014. SECTION 5. The deed without warranty will include operating covenants requiring that Grantee maintain the parking and dumpster uses on the property to support Shed 1 operations for a period of 40 years (the length of the Shed 1 lease, including a base term of 30 years and 2, 5-year renewal options) or provide an alternate location that is reasonably satisfactory to the City. SECTION 6. That the deed without warranty shall provide that the conveyance to Grantee is further subject to the following: (a)
Any visible and apparent easements and any encroachments whether of record or not.
(b)
Any and all covenants, conditions, reservations, restrictions, exceptions, easements, rights-of-way, mineral interests, mineral leases or other instruments of record and applicable to the property or any part thereof.
COUNCIL CHAMBER
January 22, 2014 (c)
To the maximum extent allowed by law, (i) Grantee is taking the Property “AS IS, WHERE IS, WITH ALL FAULTS”; (ii) Grantor disclaims responsibility as to the accuracy or completeness of any information relating to the Property; (iii) Grantee assumes all responsibility to examine all applicable building codes and zoning ordinances to determine if the Property can be used for the purposes desired and to check for outstanding or pending code enforcement actions including but not limited to repair or demolition orders; and (iv) Grantor expressly disclaims and Grantee expressly waives, any warranty or representation, express or implied, including without limitation any warranty of condition, habitability, merchantability or fitness for a particular purpose of the Property.
(d)
Grantor makes no representations of any nature regarding the Property and specifically disclaims any warranty, guaranty or representation, oral or written, express or implied, past, present, or future, concerning: (i) the nature and condition of the Property, including without limitation, the water, soil and geology, and the suitability thereof and the Property for any and all activities and uses which Grantee may elect to conduct thereon, and the existence of any environmental substances, hazards or conditions or presence of any endangered or protected species thereon or compliance with all applicable laws, rules or regulations; (ii) the nature and extent of any right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise; (iii) the compliance of the Property or its operation with any law, ordinance or regulation of any federal, state, or local governmental authority; and (iv) whether or not the Property can be developed or utilized for any purpose. For purposes hereof, “environmental substances” means the following: (a) any “hazardous substance” under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. 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 lubrication oils, (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C.A. Section 651 et. seq., as amended, (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C.A. Section 6901 et. seq., as amended, (f) asbestos, (g) polychlorinated biphenyls, (h) underground storage tanks, whether empty, filled, or partially filled with any substance, (i) any substance, the presence of which is prohibited by federal, state or local laws and regulations, and (j) any other substance which by federal, state or local laws and regulations requires special handling or notification of governmental authorities in its collection, storage, treatment or disposal.
COUNCIL CHAMBER
January 22. 2014 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. (e)
Such other terms and requirements of the sale and/or disclaimers as Grantor deems necessary, convenient, or appropriate.
SECTION 7. That the sale proceeds of $185,000 shall be deposited into the Farmers Market Area Infrastructure Fund 0632, Department ECO, Unit 1737, Revenue Source 8416. SECTION 8. That if a title policy is desired by the Grantee, same shall be at the expense of said Grantee. SECTION 9. That the sale shall be subject to standby fees , taxes and assessments, if any, by any taxing authority for the year of closing and subsequent years and assessments by any taxing authority for prior years due to changes in land usage or ownership, the payment of said standby fees, taxes and assessments being assumed by Grantee. SECTION 10. That the procedures required by Section 2-24 of the Dallas City Code that are not required by state law concerning the sale of unneeded real property are waived with respect to this tract of land . 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: WARREN M. S. ERNST, City Attorney
AGENDA ITEM # 31 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
8
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
66Q ________________________________________________________________
SUBJECT A resolution authorizing the dedication of a drainage easement containing approximately 3,619 square feet of City-owned land to the public for the purpose of drainage improvements at the Highland Hills Branch Library site located near the intersection of Bonnie View Road and Highland Hills Drive - Financing: No cost consideration to the City BACKGROUND This item authorizes the dedication of a drainage easement containing approximately 3,619 square feet of City-owned land to the public for the purpose of drainage improvements at the Highland Hills Branch Library site located near the intersection of Bonnie View Road and Highland Hills Drive. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City. MAP Attached
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SUBJECT PROPERTY NTS
COUNCIL CHAMBER
January 22. 2014 WHEREAS, the City of Dallas owns certain land being part of City of Dallas Block No. 6870, the same land conveyed to the City of Dallas in that one certain instrument recorded in instrument 201000237697 of the Official Public Records of Dallas County, Texas; and WHEREAS, the City of Dallas desires to dedicate to the public from the city-owned land described above, a drainage easement containing approximately 3,619 square feet of land, being more fully described in Exhibit "A", attached hereto and incorporated herein for all purposes (the Easement); and WHEREAS, the City of Dallas deems it to be necessary, convenient and appropriate and in the public's interest to dedicate the Easement; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager or their designee is authorized to execute an appropriate instrument, approved as to form by the City Attorney, dedicating to the public a drainage easement as to and encumbering the land described in Exhibit "A". SECTION 2. That the Easement shall be held; utilized; and, when and if appropriate, closed, vacated and/or abandoned as determined by the City of Dallas to be in the public interest, and subject to state law, Dallas City Charter and Dallas City Code, as would any dedicated public easement. 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.
APPROVED AS TO FORM: WARREN M. S. ERNST, City Attorney
BY: &M~~~ Assistant City Attorney
EXHIBIT A 3,619 SQUARE FOOT (0.083 ACRE) 5-FOOT WIDE DRAINAGE EASEMENT TO BE ACQUIRED FROM THE CITY OF DALLAS For Highland Hills Library (City Plan File No. S101-089) Part of City of Dallas Block Number 6870 Levi Dixon Survey, Abstract No. 380 City of Dallas, Dallas County, Texas DESCRIPTION, of a 3,619 square foot (0.083 acre) unplatted tract of land situated in the Levi Dixon Survey, Abstract No. 380, Dallas County, Texas; said tract being part of City of Dallas Block No. 6870, Official Block Numbers of the City of Dallas, Texas; said tract also being part of that tract of land described in Judgment in the Absence of Objections to the City of Dallas recorded in Instrument No. 201000237697 of the Official Public Records of Dallas County, Texas; said tract being more particularly described as follows (Bearing system for this survey is based on a bearing of North 59 degrees, 55 minutes, 00 seconds East for the southeast right-ofway line of Highland Hills Drive (a 50-foot wide street easement), according to said Judgment in the Absence of Objections): COMMENCING, at a "+" cut in concrete (controlling monument) found at the south end of a right-of-way comer clip dedicated for Bonnie View Road described in Special Warranty Deed to the City of Dallas recorded in Volume 89038, Page 2346 of the Deed Records of Dallas County, Texas; at the intersection of the northeast right-of-way line of Bonnie View Road (a 100-foot wide right-of-way) and the said southeast line of Highland Hills Drive; said point being the most westerly comer of said City of Dallas tract and the most westerly comer of said Block No. 6870; THENCE, South 28 degrees, 46 minutes, 34 seconds East, along the said northeast line of Bonnie View Road and the southwest line of said City of Dallas tract, a distance of 321.65 feet to a 5/8-inch iron rod with "PACHECO KOCH EASEMENr cap set for the POINT OF BEGINNING; THENCE, North 59 degrees, 55 minutes, 38 seconds East, departing the said northeast line of Bonnie View Road and the southwest line of said City of Dallas tract; over and across said Block No. 6870, a distance of 395.93 feet to a 5/8-inch iron rod with "PACHECO KOCH EASEMENT" cap set for comer; THENCE, North 47 degrees, 41 minutes, 44 seconds East, a distance of 326.46 feet to a 5/8inch iron rod with "PACHECO KOCH EASEMENT' cap set for comer in the southwest line of a proposed 3-foot right-of-way reservation for Baraboo Drive (a 50-foot wide right-of-way) according to the unrecorded plat of Highland Hills Library, an addition to the City of Dallas (City Plan File No.: S101-089); THENCE, South 59 degrees, 28 minutes, 03 seconds East, along said proposed 3-foot right-ofway reservation, a distance of 5.23 feet to a 5/8-inch iron rod with "PACHECO KOCH EASEMENT" cap set for comer in the south line of said City of Dallas Tract and the north line of a tract of land described in Quitclaim Deed to Mt. Tabor Baptist Church recorded in Instrument Number 201100132997 of said Official Public Records; said Mt. Tabor Baptist Church' tract also described in Warranty Deed to Tabor Holding Co., Inc. recorded in Volume 99171, Page 1910. of said Deed Records; from said point a 3/4-inch iron pipe (controlling monument) found bears North 47 degrees, 41 minutes, 44 seconds East, a distance of 3.14 feet;
PAGE 1 OF4
~ FIELD NOTES APPROVED: ~ ~
1
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EXHIBIT A THENCE, South 47 degrees, 41 minutes, 44 seconds West, departing said proposed 3-foot right-of-way reservation and along the common line of said City of Dallas tract and Mt. Tabor Baptist Church tract, a distance of 328.54 feet to a 3/4-inch iron rod (controlling monument) found for the west corner of said Mt. Tabor Baptist Church tract; said point being the north corner of a tract of land described in Affidavit of Heirship to Jerry W. Phillips, Virginia F. Dyess and Freddie Phillips recorded in Instrument Number 201100325642 of said Official Public Records; THENCE, South 59 degrees, 55 minutes, 38 seconds West, departing the southwest line of said Mt. Tabor Baptist Church tract and along the common line of said City of Dallas tract and Jerry W. Phillips, Virginia F. Dyess and Freddie Phillips tract, at a distance of 246.00 feet passing the most northerly west corner of said Jerry W. Phillips, Virginia F. Dyess and Freddie Phillips tract and the north comer of a tract of land described in Warranty Deed to the City of Dallas recorded in Volume 435, Page 1773 of the Deed Records of Dallas County, Texas, then continuing along the common line of said City of Dallas tracts, a total distance of 396.58 feet to a 5/8-inch iron rod with "CITY OF DALLASn cap (controlling monument) found for the west corner of said City of Dallas tract and the south corner of said City of Dallas tract; said point also being in the said northeast line of Bonnie View Road; THENCE, North 28 degrees, 46 minutes, 34 seconds West, along the said northeast line of Bonnie View Road and the said southwest line of the City of Dallas tract, a distance of 5.00 feet to the POINT OF BEGINNING; CONTAINING: 3,619 square feet or 0.083 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described.
~:f::J[d /#a!
Registered Professional Land Survey No. 5773 Pacheco Koch Consulting Engineers, Inc. 6100 Western Place, #1001, Fort Worth, Texas 76107 (817) 412-7155 TX Reg. Surveying Firm LS-100080.01 3089-10.098EX2.dwg 3089-10.098EX2.docx
PAGE20F4
~ FIELD NOTES APPROVED: ~ ~
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EXHIBIT A
HIGHLAND HILLS DRIVE "+"
CUT IN CONCRETE FOUND (C.M.) "",;7
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N 59"55'00" E
7.16'
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(50-FOOT WIDE STREET EASEMENT) 374.46' (BEARING BASIS)
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BLOCK 6870
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N 28°46 34 W
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POINT OF BEGINNING
N 59°55' 38" E
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150.58' 5/8-INCH IRON ROD W/ "CITY OF DALLAS" CAP FOUND (C.M.)
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5-FOOT WIDE DRAINAGE EASEMENT 3,619 SF
5.00'
'.)
100
GRAPHIC SCALE IN FEET
CITY OF DALLAS (INST. NO. 201000237697) (O.P.R.D.C.T.)
.
50
25
0
UNPLATTED
s
3/4-INCH IRON PIPE FOUND (C.M.)
(0.083 ACRES)
395.93'
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DALLAS
FORT WORTH
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PROPERTY LINE EASEMENT LINE 5/8- INCH IRON ROD W/ "PACHECO KOCH EASEMENT" CAP SET CONTROLLING MONUMENT
D.R.D.C. T. -
OFFICIAL PUBLIC RECORDS DALI.AS COUNTY TEXAS DEED RECORDS DALLAS COUNTY TEXAS
5·FOOT WIDE DRAINAGE EASEMENT
6100 WESlERN PLACE, SUITE 1001 FORT WORTH, TX 78107 817.412.7155 _ _ _. ._ _ _ _ _ _ _ TX REG. ENGINEERING FIRM F-469 •
-
(C.M.) 0.P.R.D.C.T. -
1. A metes and bounds description of even survey dote herewith accompanies this plot of survey. 2. Bearing system for this survey is based on a bearing of North 59 degrees, 55 minutes, 00 seconds East for the southeast line of Highland Hiiis Drive, according to the Judgment in the Absence of Objections to the City of Dallas recorded in Instrument No. 201000237697 of the Official Public Records of Dallas County, Texas.
HOUSTON TX REG. SURVEYING FIRM LS- 100080- 01
HILLS UBRAR
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PART OF CITY OF DALLAS BLOCK NO. 6870 LEVI DIXON SURVEY, ABSTRACT NO. 380
...______________....,__________._______________________..__________,,.........
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DRAWN BY
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DATE
JOB NUMBER
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MAR 2013
3089- 10.098
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JERRY W. PHILLIPS VIRGINIA F. DYESS FREDDIE PHILLIPS (INST. NO. 201100325642) (O.P.R.D.C. T.)
UNPLATTED
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DALLAS COUNlY, TEXAS PAGE 3 OF 4
------..
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DWG FILE: 3089- 10.09BEX2.DWG
EXHIBIT A
LEGEND -
-
-
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-
PROPERTY LINE EASEMENT LINE 5/8-INCH IRON ROO W/ "PACHECO KOCH EASEMENT" CAP SET CONTROLLING MONUMENT
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(C.M.) 0.P.R.D.C.T. D.R.D.C. T. -
OfflCIAL PUBLIC RECORDS DALLAS COUNTY TEXAS DEED RECORDS DALLAS COUNTY TEXAS
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UNPLA TTED
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7
CITY OF DALLAS (INST. NO. 201000237697)
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BLOCK 6870 JERRY W. PHILLIPS VIRGINIA F. DYESS FREDDIE PHILLIPS (INST. NO. 201100325642) (O.P.R.D.C. T.)
UNPLATTED
BLOCK 6870 MT. TABOR BAPTIST CHURCH (INST. NO. 201100132997) (O.P.R.D.C. T.) TABOR HOLDING CO., INC. (VOL. 9917 41, PG. 1910) (D.R.D.C. T.)
0
The undersigned, Registered Professional Land Surveyor, hereby certifies that this plot of survey accurately sets out the metes and bounds of the easement tract described.
50
100
GRAPHIC SCALE IN FEET
I I
I
25
NOTES: 1. A metes and bounds description of even survey date herewith accompanies this plot of survey. 2. Bearing system for this survey Is based on a bearing of North 59 degrees, 55 minutes, 00. seconds East for the southeast line of Highland Hills Drive, according to the Judgment In the Absence of Ob jectlons to the City of Dallas recorded In Instrument No. 201000237697 of the Official Public Records of Dallas County, Texas.
S·FOOT WIDE DRAINAGE EASEMENT
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6100 WESTERN PLACE. SUITE 1001 FORT WORTH, TX 78107 817.412.7155 >TX REG. ENGINEERING FIRM F-489 ~~;;;;;;;._ _oA_L,..LAS _ _._Fo_R_T_w... o_R_rH_._H_o_u_sT_o.. N_TX_R_E_G._su_RVE_Yl""'N_GFl_RM_LS_-_1_00_0_ao-_01-1
HI
GHLAND HILLS LIBRARY
PART OF CITY OF DALU\S BLOCK NO. 6870 LEVI DIXON SURVEY, ABSTRACT NO. 380 z DRAWN BY CHECKED BY SCALE DATE JOB NUMBER DAUJ\S COUNlY, TEXAS ~~ ............................ MCB MLL 1"=50' MAR 2013 3089-10.098 PAGE 4 OF 4 1.................__________.._____________.._______~~""'"9''!"9~~~!"""!"~~~~----· DWG FILE: 3089-10.098EX2.DWG
AGENDA ITEM # 32 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
Outside City Limits
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
12Y ________________________________________________________________
SUBJECT A resolution authorizing the conveyance of bridge and drainage easements containing approximately 36,360 square feet of land to Valwood Improvement Authority and Dallas Area Rapid Transit for the construction, maintenance and use of the bridge and drainage improvements across City owned land located in the City of Farmers Branch Financing: No cost consideration to the City BACKGROUND This item authorizes the conveyance of bridge and drainage easements across City owned land to Valwood Improvement Authority and Dallas Area Rapid Transit for the construction, maintenance and use of the bridge and drainage improvements for the Farmers Branch Creek. 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.
OWNERS Valwood Improvement Authority Pat Canuteson, Executive Director
Dallas Area Rapid Transit Gary Thomas, President/Executive Officer MAP Attached
Agenda Date 01/22/2014 - page 2
~ NTS
I
COUNCIL CHAMBER
January 22. 2014 WHEREAS, the City of Dallas is the owner of a tract of land acquired for a future water transmission pipeline and also known as the "Madill Corridor"; and WHEREAS, Dallas Area Rapid Transit has rail improvements and trackage rights over the property for transportation purposes; and WHEREAS, Valwood Improvement Authority controls and manages the flood control drainage in and around the property; and WHEREAS, new bridge and additional drainage improvements are needed for the property; and WHEREAS, Valwood Improvement Authority and Dallas Area Rapid Transit have requested a bridge and drainage easements on said property for the construction , maintenance and use of the bridge and drainage improvements; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is authorized to execute bridge and drainage easements to be attested by the City Secretary, upon approval as to form by the City Attorney, for approximately 36,360 square feet of land, located in Abstract No.'s 926 and 1577, Dallas County, Texas, to Valwood Improvement Authority and Dallas Area Rapid Transit, collectively 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: Warren M.S. Ernst CITY ATTORNEY
\
AGENDA ITEM # 33 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
All
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
Citywide ________________________________________________________________
SUBJECT An ordinance amending Chapter 43 of the Dallas City Code to establish temporary application, annual, and one-time fees for licenses for certain uses of the public right-of-way - Financing: No cost consideration to the City BACKGROUND Chapter 43 of the Dallas City Code currently provides application and license fees for certain uses of public right-of-way. The proposed ordinance would amend Chapter 43 to temporarily reduce the annual fee for sidewalk cafes and the one-time fees for landscaping and appurtenant irrigation systems; awnings and canopies without premise signs; subdivision signs; and streetscape improvement projects. The proposed ordinance would also temporarily reduce the application fee for those uses. The reduced application and license fees would be in effect from March 1, 2014 through March 1, 2016. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item was briefed to the Quality of Life & Environment Committee on November 18, 2013. This item was briefed to the Quality of Life & Government Committee on June 10, 2013. FISCAL INFORMATION No cost consideration to the City.
12/23/13
ORDINANCE NO. An ordinance amending Sections 43-112, 43-115, and 43-115.1 of CHAPTER 43, “STREETS AND SIDEWALKS,” of the Dallas City Code, as amended; establishing annual and one-time fees for licenses and license renewals, and reducing application fees, for certain uses of the public right-of-way from March 1, 2014 through March 1, 2016; providing a penalty not to exceed $500; providing a saving clause; providing a severability clause; and providing an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Section 43-112, "Application; Fee," of Division 1, “Licenses for Other than Bicycle Parking Devices, Valet Parking Services, and Newsracks,” of Article VI, “License for the Use of Public Right-of-Way,” of CHAPTER 43, “STREETS AND SIDEWALKS,” of the Dallas City Code, as amended, is amended to read as follows: "SEC. 43-112.
APPLICATION; FEE.
(a) If a person, or governmental entity operating a utility, desires to make use of any portion of the public right-of-way for a private or governmental utility use, the person, or governmental entity operating a utility, must apply in writing to the director. The application must be accompanied by plans or drawings showing the area to be used, a statement of the purpose for which the right-of-way is to be used, and a nonrefundable application fee in the amount applicable under Subsection (b) of this section [of $750], plus recording fees; except that the application fee is not required for: (1)
existing encroachments previously licensed; or
(2) a license to place and maintain the facilities of a utility operated by a governmental entity on public right-of-way, where the governmental entity has previously contracted with the city to provide mutual granting of rights-of-way for utility purposes.
1
(b)
The application fee required by Subsection (a) of this section is:
(1) $250, from March 1, 2014 through March 1, 2016, and $750, before March 1, 2014 and after March 1, 2016, for a use of the public right-of-way described in Section 43-115(b)(5) or Section 43-115.1; or (2) $750 all of the time for a use of the public right-of-way other than one described in Section 43-115(b)(5) or Section 43-115.1." SECTION 2. That Section 43-115, "Annual Fee for Use of Public Right-of-Way," of Division 1, “Licenses for Other than Bicycle Parking Devices, Valet Parking Services, and Newsracks,” of Article VI, “License for the Use of Public Right-of-Way,” of CHAPTER 43, “STREETS AND SIDEWALKS,” of the Dallas City Code, as amended, is amended to read as follows: "SEC. 43-115. (a)
ANNUAL FEE FOR USE OF PUBLIC RIGHT-OF-WAY.
The annual fee for a license to use a public right-of-way for the following uses is:
(1) Fee for railroad crossing: not less than $50 per track crossing the public right-of-way or an amount determined by the director and established in the ordinance granting the license. The fee will not be assessed for a railroad crossing where the railroad existed before the public right-of-way was established. (2) Fee for encroachment of historically significant structures into public right-of-way: $1,000. (3) Fee for placement and maintenance of facilities of a utility operated by a governmental entity on public right-of-way pursuant to a contract with the city providing for mutual grant of rights-of-way: None. (b) The annual fee for a license to use a public right-of-way for uses other than those listed in Subsection (a) is $1,000 or is calculated in accordance with one of the following formulas, whichever is greater: (1)
Fee for use of public right-of-way: area X market value X 85% X 12%.
(2)
Fee for subsurface use only: area X market value X 30% X 12%.
(3) Fee for air rights use only (including awnings and canopies with a premise sign as defined in Section 51A-7.102(28) of the Dallas City Code): area X market value X 85% X 85% X 12%. 2
(4) Fee for commercial parking operation use: 50% of gross receipts (which include receipts for all parking and tips less sales and use taxes, if applicable). (5)
Fee for a sidewalk cafe:
(A) from March 1, 2014 through March 1, 2016, an amount based on the following formula (the $1,000 minimum fee required by Subsection (b) of this section does not apply to sidewalk cafes during this time period): (i)
$300 for not more than three tables and six chairs in the
licensed area; (ii) $600 for more than three tables and six chairs, but not more than six tables and 12 chairs, in the licensed area; and (iii)
$1,000 for more than six tables and 12 chairs in the
licensed area; or (B) before March 1, 2014 and after March 1, 2016, the lesser of $2,500 or an amount equal to the area X market value X 85% X 12%. (c) The application fee required by Section 43-112 will be applied to the first year's fee if a license is granted. (d) Whether or not stated in the ordinance granting the license, the city council retains the right to increase or decrease the annual fee. (e) The market value of the area licensed is based on the per square foot appraised value, as determined by the Dallas County Central Appraisal District, of a fee simple interest in a useable tract of abutting property. (f) The director shall annually review the market values of licensed areas for which fees are based on market value. If it is determined that the market value of a licensed area has decreased, the director shall notify the licensee in writing that the annual fee has been decreased. If it is determined that the market value of a licensed area has increased, the director shall notify the licensee in writing that the annual fee has been increased. If a licensee is unwilling to accept the increased fee, the licensee may terminate the license." SECTION 3. That Section 43-115.1, "Special Fees for the Use of Public Right-of-Way," of Division 1, “Licenses for Other than Bicycle Parking Devices, Valet Parking Services, and Newsracks,” of Article VI, “License for the Use of Public Right-of-Way,” of CHAPTER 43,
3
â&#x20AC;&#x153;STREETS AND SIDEWALKS,â&#x20AC;? of the Dallas City Code, as amended, is amended to read as follows: "SEC. 43-115.1.
SPECIAL FEES FOR THE USE OF PUBLIC RIGHT-OF-WAY.
(a) Instead of the annual fee charged under Section 43-115 of this division, the following one-time fees will be charged for a license to use a public right-of-way for the following uses: (1)
Fee for landscaping and appurtenant irrigation systems: (A)
$250, from March 1, 2014 through March 1, 2016; or
(B)
$1,000, before March 1, 2014 and after March 1, 2016.
(2) Fee for awnings and canopies without a premise sign as defined in Section 51A-7.102(28) of the Dallas City Code: (A)
$250 per awning or canopy, from March 1, 2014 through March 1,
(B)
$1,000 per awning or canopy, before March 1, 2014 and after
2016; or
March 1, 2016. (3)
Fee for subdivision signs: (A)
$250 per sign, from March 1, 2014 through March 1, 2016; or
(B)
$1,000 per sign, before March 1, 2014 and after March 1, 2016.
(4) Fee for streetscape improvement projects, including, but not limited to, landscaping as part of a streetscape improvement project, planters, crosswalk texturing and coloring, artwork, lighting, benches, and trash receptacles: (A)
$2,500, from March 1, 2014 through March 1, 2016; or
(B)
$5,400, before March 1, 2014 and after March 1, 2016.
(b) An application fee paid pursuant to Section 43-112 will be applied to license fees charged under this section." SECTION 4. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $500.
4
SECTION 5. That CHAPTER 43 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. SECTION 6. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. SECTION 7. That this ordinance will 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: WARREN M. S. ERNST, City Attorney
By Assistant City Attorney Passed LC/DCC/00552A
5
AGENDA ITEM # 34 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
14
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
45L ________________________________________________________________
SUBJECT An ordinance abandoning an alley to Elan Dallas City Lights Owner, LP, the abutting owner, containing approximately 1,100 square feet of land, located near the intersection of Good Latimer Expressway and Live Oak Street, and authorizing the quitclaim Revenue: $38,665, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of an alley to Elan Dallas City Lights Owner, LP, the abutting owner. The abandonment area will be included with the property of the abutting owner for a mixed-use development. The abandonment fee is based on an independent appraisal. Notices were sent to 117 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $38,665, plus the $20 ordinance publication fee
OWNER Elan Dallas City Lights Owner, LP Elan Dallas City Lights GP, LLC Elan Dallas City Lights, LLC Laird Sparks, Vice President MAP Attached
Agenda Date 01/22/2014 - page 2
N
A/276
276
ORDINANCE NO. _____________ An ordinance providing for the abandonment of an alley located adjacent to City Block A/276 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Elan Dallas City Lights Owner, LP; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of Elan Dallas City Lights Owner, LP, a Delaware limited partnership, 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 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 hereinafter more fully set out. SECTION 2. That for and in monetary consideration of the sum of THIRTY-EIGHT THOUSAND SIX HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($38,665.00) 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,
LW/39385
1
subject to the conditions, reservations and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to that 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 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. 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.
LW/39385
2
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 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.
LW/39385
3
SECTION 9.
That as a condition of this abandonment and as a part of the
consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tract of land abandoned and quitclaimed herein.
This final replat shall be recorded by
GRANTEE in the official real property records of the county in which the abandoned area is located after its approval by the City Plan Commission of the City of Dallas. 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 passage of this ordinance, 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. 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, 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.
LW/39385
4
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: WARREN M. S. ERNST City Attorney
LW/39385
DAVID COSSUM Interim Director of Department of Sustainable Development and Construction
5
LEGAL DESCRIPTION
i xH\8
BEING a 1,100 square foot (0.025 acre) tract of land situated in the John Grigsby Survey, Abstract No.495, City Block No. 276, City of Dallas, Dallas County, Texas and being part of a tract of land described in Warranty Deed to James L. Horan, recorded in Volume 1495, Page 472, Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a 1" iron rod found In the southeast right-of-way line of Bryan Street (a variable width right-of-way) at the northernmost comer of Lot 1, Block A/276, Goldsmith's Subdivision of Part of City Block 276, an addition to the City of Dallas, Texas according to the plat recorded In Volume 91138, Page 84, Deed Records of Dallas County, Texas and at the westernmost comer of a tract of land described as "Parcel IV" and the northernmost comer of a tract of land described as "Parcel V'' in Special Warranty Deed to Margaux City Lights Partners, Ltd., recorded in Instrument No. 201200259843, Official Public Records of Dallas County, Texas; THENCE departing said southeast right-of-way line and with the northeast line of said Lot 1, Block A/276 and the common line of said Parcel IV and Parcel V, the following courses and distances: South 44 °50'36" East, a distance of 78.00 feet to a point for comer; North 45"09'24" East, a distance of 50.00 feet to a point for comer; South 44°50'36" East, a distance of 90.04 feet to a 5/8" iron rod wlth plastic cap stamped "KHA" set for the POINT OF BEGINNING; said point being the southernmost comer of said Parcel IV and the westernmost comer of said Horan tract; THENCE departing said northeast line of Lot 1, Block A/276 and with the southeast line of said Parcel IV and the northwest line of said Horan tract, North 45"03'38" East, a distance of 110.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at an interior comer of said Parcel IV and the northernmost comer of said Horan tract; THENCE with a southeast line of said Parcel IV and the northeast line of said Horan tract, South 44 "56'22" East, a distance of 10.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set in the northwest line of Parcel Ill of said Margaux City Lights Partners, Ltd. deed and at the easternmost comer of said Horan tract; THENCE with said northwest line and the southeast line of said Horan tract, South 45°04'42" West, a distance of 11 .52 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the westernmost comer of said Parcel Ill and the northernmost comer of Parcel II of said Margaux City Lights Partners, Ltd. deed; THENCE with the northwest line of said Parcel II and the southeast line of said Horan tract, South 45"03'38" West, a distance of 95.00 feet to a 5/8" Iron rod with plastic cap stamped "KHA" set at the westernmost comer of said Parcel II and being an angle point In said northeast line of Lot 1, Block A/276 and said Parcel V; THENCE with said northeast line and the southeast line of said Horan tract, South 45"39'24" West, a distance of 3.50 feet to a 5/8" Iron rod with plastic cap stamped "KHA• set at the southernmost comer of said Horan tract; THENCE with the northeast line of said Lot 1, Block A/276 and Parcel V and the southwest line of said Horan tract, North 44°50'36" West, a distance of 9.96 feet to the POINT OF BEGINNING and containing 1,100 square feet or 0.025 acres of land. BEARING SYSTEM BASED ON A BEARING OF SOUTH 17"24'13" WEST FOR THE NORTHWEST RIGHT-OF-WAY LINE OF BRYAN STREET ACCORDING TO SPECIAL WARRANTY DEED RECORDED IN INSTRUMENT NO. 201200259842, OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS.
(For SPRGQj__ only)
~:~~~wed SPRG NO:
By: ?' o'd·o7·'f.()tJ ....,26........7....._7_ __
DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251 PH. 972-770-1300 dana.brown@kimley-hom.com PLOrTED BY DUNN, STACV 712912013 5:30 PM DWG NAME K:\D
ALLEY ABANDONMENT CITY LIGHTS ADDITION BLOCK 276, CITY OF DALLAS DALLAS COUNTY, TEXAS ~. .. , .
~. .,
Kimley-Horn ~ and Associates, Inc.
12750 Mint onw, Sullll 1000 D1llu , TIU9 75251
Tel. No. (972) no.1300 FIX No. (972) zm.3820
~~ 1 DF2
EXHtBIT A PARCEL IV MARGAUX CITY LIGHTS PARTNERS, LTD. INST. NO. 201200259843 0.P.R.D.C.T.
0.025 ACRES 1, 100 SQ. FT. BLOCK276 PARCEL Ill MARGAUX CITY LIGHTS PARTNERS, LTD. INST. NO. 201200259843 O.P.R.D.C.T.
P.O.C. LOT 1, BLOCK A/276 GOLDSMITH'S SUBDIVISION OF PART OF CITY BLOCK 276 VOL. 91138, PG. 84 D.R.D.C.T.
IRSC
s45°04'42'W 11 .52' N45"09'24"E 50.00'
-~--- 15' SANITARY SEWER
N44 °50'36'W 9.96'
EASEMENT VOL. 91138, PG. 84 D.R.D.C.T.
N
W*E LEGEND 0
NOTES BEARING SYSTEM BASED ON A BEARING OF SOUTH 17"24'13" WEST FOR THE NORTHWEST RIGHT-OF-WAY LINE OF BRYAN STREET ACCORDING TO SPECIAL WARRANTY DEED RECORDED IN INSTRUMENT NO. 201200259842, OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS.
(For SPRG use only)
30
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P.O.C. = POINT OF COMMENCING I P.O.B. =POINT OF BEGINNING 1 1. • IRSC = 5/8" IRON ROD W/ "KHA" CAP SET GRAPH IC SCALE IN FEET IRF = IRON ROD FOUND CMF = CONCRETE MONUMENT FOUND C.M. = CONTROLLING MONUMENT VOL. =VOLUME PG.=PAGE D.R.D.C.T. = DEED RECORDS OF DALLAS COUNTY, TEXAS O.P.R.D.C.T. =OFFICIAL PUBLIC RECORDS, DALLAS COUNTY. TEXAS R.0.W. = RIGHT-OF-WAY INST. NO. = INSTRUMENT NUMBER
Reviewed By: -v*<M, -"----- Date: oe. Oi·1'<711 SPRG NO: _26..,.7...._.7_ __ DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251 PH. 972-770-1300 dana.brown@kimley-hom.com
s
ALLEY ABANDONMENT CITY LIGHTS ADDITION BLOCK 276, CITY OF DALLAS DALLAS COUNTY, TEXAS ~. .. , .
Kimley-Horn
~-r ~ and Associates, Inc. 12750 Malll onw. SUlbl 100D 01nu, T.... 75251
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Tel. Na. (972) 77G-1300 Fu Na. (972) 239-3820
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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 # 35 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
14
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
45L ________________________________________________________________
SUBJECT An ordinance abandoning a portion of a sanitary sewer easement to Elan Dallas City Lights Owner, LP, the abutting owner, containing approximately 2,806 square feet of land, located near the intersection of Good Latimer Expressway and Live Oak Street Revenue: $5,400, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of a sanitary sewer easement to Elan Dallas City Lights Owner, LP, the abutting owner. The area will be included with the property of the abutting owner for a mixed-use development. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $5,400, plus the $20 ordinance publication fee OWNER Elan Dallas City Lights Owner, LP Elan Dallas City Lights GP, LLC Elan Dallas City Lights, LLC Laird Sparks, Vice President
MAP Attached
Agenda Date 01/22/2014 - page 2
N
A/276
276
Abandonment Area
Im Sanitary Sewer Easement
ORDINANCE NO. ____________ An ordinance providing for the abandonment and relinquishment of a portion of a sanitary sewer easement, located in City Block A/276 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Elan Dallas City Lights Owner, LP; 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 Elan Dallas City Lights Owner, LP, a Delaware limited partnership; hereinafter referred to as GRANTEE, deems it advisable to abandon, relinquish and quitclaim the City of Dallas' right, title and interest in and to the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portion of easement is no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to GRANTEE as hereinafter provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas hereby abandons and relinquishes all of its right, title and interest in and to the tract of land described in Exhibit A, attached hereto and made a part hereof; subject, however, to the conditions hereinafter more fully set out.
LW/39963
1
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 that certain tract or parcel of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4.
That the City Controller is authorized to deposit the sum paid by
GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 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.
LW/39963
2
SECTION 8.
That as a condition of this abandonment and as a part of the
consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold whole and harmless the City of Dallas of, from and against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the areas set out in Exhibit A, (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the areas described in Exhibit A, which GRANTEE, its successors and assigns agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the areas set out in Exhibit A.
GRANTEE, its
successors and assigns hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous
substances”
under
the
Comprehensive
Environmental
Response,
Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 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.
LW/39963
3
SECTION 9. That the City Secretary is hereby authorized and directed to certify a copy
of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee.
Upon receipt of the monetary
consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee shall deliver to GRANTEE a certified copy of this ordinance.
The Director of Department of Sustainable Development and
Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 10 . 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: WARREN M.S. ERNST City Attorney
LW/39963
DAVID COSSUM Interim Director of Department of Sustainable Development and Construction
4
EXHtBIT A LEGAL DESCRIPTION BEING a 2,806 square foot tract of land situated In the John Grigsby Survey, Abstract No.495, City Block No. 276, City of Dallas, Dallas County, Texas and being part of a 15' Sanitary Sewer Easement, In Lot 1, Block A/276, Goldsmith's Subdivision of Part of City Block 276, an addition to the City of Dallas, Texas created by and according to the plat recorded In Volume 91138, Page 84, Deed Records of Dallas County, Texas and part of a tract of land described as "Parcel V" in Special Warranty Deed to Margaux City Lights Partners, Ltd., recorded in Instrument No. 201200259843, Official Public Records of Dallas County, Texas; COMMENCING at a 1" iron rod found in the southeast right-of-way line of Bryan Street (a variable width right-of-way) at the northernmost comer of said Lot 1, Block A/276, and at the westernmost comer of Parcel IV of said Margaux City Lights Partners, Ltd. deed and the northernmost comer of said Parcel V; THENCE departing said southeast right-of-way line and with the northeast line of said Lot 1, Block A/276 and the common line of said Parcel IV and Parcel V, the following courses and distances: South 44"50'36" East, a distance of 78.00 feet to a point for comer; North 45"09'24" East, a distance of 50.00 feet to a point for comer; South 44"50'36" East, a distance of 100.00 feet to the southernmost comer of a tract of land described in deed to James L. Horan, recorded In Volume 1495, Page 472, Deed Records of Dallas County, Texas; North 45"39'24" East, a distance of 3.50 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the westernmost comer of Parcel II of said Margaux City Lights Partners, Ltd. deed for the POINT OF BEGINNING; THENCE with the southwest line of said Parcel II, and the northeast line of said Parcel V and Lot 1, Block A/276, South 45"26'23" East, a distance of 72.50 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the northernmost comer of Parcel I of said Margaux City Lights Partners, Ltd. deed and the easternmost comer of said Lot 1, Block A/276; THENCE with the northwest line of said Parcel I and the southeast line of said Parcel V and Lot 1, Block A/276, South 44 •33•37• West, a distance of 128.41 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the Intersection of said northwest line and the northeast right-of-way line of Good-Latimer Expressway (a variable width right-of-way, according to Special Warranty Deed to Dallas Area Rapid Transit, recorded In Instrument No. 200702226n, Official Public Records of Dallas County, Texas); THENCE departing said northwest line of Parcel I and the southeast line of said Parcel V and Lot 1, Block A/276 and with said northeast right-of-way line of Good-Latimer Expressway, North 53"05'07" West, a distance of 15.13 feet to a 5/8" Iron rod with plastic cap stamped "KHA" set at the Intersection of said northeast right-of-way line and the northwest line of said 15' Sanitary Sewer Easement; THENCE departing said northeast right-of-way line of Good-Latimer Expressway and with the northwest line of said 15' Sanitary Sewer Easement, North 44"33'37" East, a ~!stance of 115.42 feet to a 5/8" Iron rod with plastic cap stamped "r HA" set at an interior comer of said 15' Sanitary Sewer Easement;
I
THENCE with a southwesterly line of said 15' Sanitary Sewer Easement, North 45"26'23" West, a distance of 57.79 feet to a 5/8" iron rod with plastic cap stamped "KHA• set at the westernmost comer of said 15' Sanitary Sewer Easement; THENCE with a northwest line of said 15' Sanitary Sewer Easement, North 45"39'24" East, a distance of 15.00 feet to the POINT OF BEGINNING and containing 2,806 square feet or 0.064 acres of land. BEARING SYSTEM BASED ON A BEARING OF SOUTH 17"24'13" WEST FOR THE NORTHWEST RIGHT-OF-WAY LINE OF BRYAN STREET ACCORDING TO SPECIAL WARRANTY DEED RECORDED IN INSTRUMENT NO. 201200259842, OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS.
(For SPRG use only)
Reviewed By: __,~ ,..__:;;....__ __ 08 · o7.-t.ol~ Date: SPRG NO: =26.....,7_,.,6_ _ _
DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251 PH. 972-770-1300 dana.brown@kimley-hom.com PLOTTED BY DUNN, STACY B/5/20131:18 PM DWG NAME K:\DAL_
15' SANITARY SEWER EASEMENT ABANDONMENT GOLDSMITH'S SUBDIVISION OF PART OF CITY BLOCK 276 BLOCK N276, CITY OF DALLAS DALLAS COUNTY, TEXAS
..,...... ..,,. Kimley-Horn ~. ., ~ and Associates, Inc. 12750 Mont DIM, Bulla 1000 Dlllas, T - 75251
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t:XHtBIT·A PARCEL IV MARGAUX CITY LIGHTS PARTNERS, LTD. INST. NO. 201200259843 O.P.R.D.C.T.
BLOCK276 PARCEL Ill MARGAUX CITY LIGHTS PARTNERS, LTD. INST. NO. 201200259843 O.P.R.D.C.T.
LOT 1, BLOCK A/276 GOLDSMITH'S SUBDIVISION OF PART OF CITY BLOCK 276 VOL. 91138, PG. 84 D.R.D.C.T.
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PARCEL v 1 MARGAUX CITY LIGHTS PARTNERS, LTD. INST. NO. 201200259843 ~ ~ ~'~)... O.P.R.D.C.T.
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DALLAS AREA RAPID TRANSIT INST. NO. 200702226n O.P.R.D.C.T.
N53°05'07'W 15.13'
MARGAux c1TY LIGHTs PARTNERS, LTD. INST. NO.
201200259843
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O.P.R.D.C.T.
NOTES BEARING SYSTEM BASED ON A BEARING OF SOUTH
17"24'13" WEST FOR THE NORTHWEST RIGHT-OF-WAY LINE OF BRYAN STREET ACCORDING TO SPECIAL WARRANTY DEED RECORDED IN INSTRUMENT NO. 201200259842, OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS.
(For SPRG use only)
Reviewed By: ...,. /¥'-=::;__ ± _ _ __ Date: 08·0"1. "to/3 SPRG NO: =26"""'7"""'6.___ __
DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251 PH. 972-770-1300 dana.brown@kimley-hom.com PLOlTED BY DUNN, STACY 815/2013 1:18 PM DWG NAME K:IDAL_
0
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P.O.C. = POINT OF COMMENCING GRAPHIC SCALE IN P.O.B. =POINT OF BEGINNING IRSC = 5/8" IRON ROD WI "KHA" CAP SET IRF = IRON ROD FOUND CMF = CONCRETE MONUMENT FOUND C.M. = CONTROLLING MONUMENT VOL. =VOLUME PG. =PAGE D.R.D.C.T. =DEED RECORDS OF DALLAS COUNTY, TEXAS O.P.R.D.C.T. =OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS R.O.W. =RIGHT-OF-WAY INST. NO. = INSTRUMENT NUMBER
15' SANITARY SEWER EASEMENT ABANDONMENT GOLDSMITH'S SUBDIVISION OF PART OF CITY BLOCK 276 BLOCK A/276, CITY OF DALLAS DALLAS COUNTY, TEXAS
............. Kimley-Horn ~-r ~ and Associates, Inc. 12750 Martt Ollve, Dallas, Teas 75251
1000
FIRM# 101155-00
Tel. Na. (i72) 7711-1300 Fa Na. (972) 2JS.3820
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AGENDA ITEM # 36 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
8
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
58S ________________________________________________________________
SUBJECT An ordinance abandoning a portion of an easement to Kwang Chong, the abutting owner, containing approximately 1,848 square feet of land, located near the intersection of Great Trinity Forest Way and Jim Miller Road - Revenue: $5,400, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of an easement to Kwang Chong, the abutting owner. The abandonment area will be included with the property of the abutting owner for the construction of a convenience store. The cost for the 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 Kwang Chong
MAP Attached
Agenda Date 01/22/2014 - page 2
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ORDINANCE NO. ____________ An ordinance providing for the abandonment and relinquishment a portion of a 7.5 foot easement, located in City Block 6275 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Kwang Chong; providing for the terms and conditions of the abandonment, relinquishment and quitclaim made herein; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo
WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of Kwang Chong, an individual; hereinafter referred to as GRANTEE, deems it advisable to abandon, relinquish and quitclaim the City of Dallas' right, title and interest in and to the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said easement is no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to GRANTEE as hereinafter provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas hereby abandons and relinquishes all of its right, title and interest in and to the tract of land described in Exhibit A, attached hereto and made a part hereof; subject, however, to the conditions hereinafter more fully set out.
RC/39642
1
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 that certain tract or parcel of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4.
That the City Controller is authorized to deposit the sum paid by
GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 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, his heirs 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.
RC/39642
2
SECTION 8.
That as a condition of this abandonment and as a part of the
consideration for the quitclaim to GRANTEE herein, GRANTEE, his heirs and assigns, agree, to the extent permitted by applicable law, 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, his heirs 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, his heirs 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, his heirs and assigns hereby agree, to the extent permitted by applicable law, 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.
RC/39642
3
SECTION 9. That the City Secretary is hereby authorized and directed to certify a copy
of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee.
Upon receipt of the monetary
consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee shall deliver to GRANTEE a certified copy of this ordinance.
The Director of Department of Sustainable Development and
Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 10.
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: WARREN M. S. ERNST City Attorney
DAVID COSSUM Interim Director of Department of Sustainable Development and Construction
sv~Assistant City Attorney
RC/39642
4
EXHIBIT A
EASEMENT ABANDON MENT JOE R. KRAJCA'S SUBDIVISION A PORTION OF LOTS 1, 2, AND 3, BLOCK 6275 CITY OF DALLAS, DALLAS COUNTY, TEXAS
Being a 1,848 sq. ft. tract of land situated in the J. Elam Survey, Abstract No. 444, City of Dal las, Dallas County, Texas, and being part of Lots 1, 2, and 3, Block 6275 of Joe R. Krajca's Subdivision, an addition to the City of Dallas, Dallas County, Texas, according to the plat thereof recorded in Volume 16, Page 285, Map Records, Dallas County, Texas (MRDCT), and being a 7.5 foot easement created by said plat, and being part of a called 2.959 acre tract of land conveyed to Kwang Chong by Special Warranty Deed with Vendor's Lien, recorded in Instrument No. 201200345133, Official Public Records, Dallas, County, Texas (OPRDCT), and being more particularly described as follows (Basis of Bearing is the west line of Block A/6275 of Grove Village Apartments Addition, an addition to the City of Dallas, Dallas County, Texas, according to the plat thereof recorded in Volume 70008, Page 1483, Deed Records, Dallas County, Texas (DRDCT)):
COMMENCING at a 1/2 inch iron rod with a yellow cap stamped "land surveyors" found at the intersection of the north Right-of-Way (ROW) line of Loop 12 (Great Trinity Forest Way) (a variable width ROW) with the east ROW line ofN. Jim Miller Road (a 100' ROW), said point also being the southwest comer of said Lot 1;
THENCE South 88°45'01" East along the said north ROW line of Loop 12, a distance of 132.50 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE North 01 °38'00" East, a distance of 246.25 feet to a point for corner in the north line of said Lot 3, from which a 1/2 inch iron rod with a yellow cap stamped "land surveyors" found for the northwest comer of said Lot 3 bears North 88°59'45" West, a distance of 132.50 feet;
THENCE South 88°59'45" East along the north line of said Lot 3, a distance of 7.50 feet to the northeast comer of said Lot 3, from which a 1/2 inch iron rod found at the northeast corner of said 2.959 acre tract bears South 88°59'45" East, a distance of 375.36 feet, said point also being located in the said west line of Grove Village Apartments Addition, recorded in Volume 70008, Page 1483 (DRDCT);
THENCE South 01°38'00" West along the east line of said Joe R. Krajca's Subdivision, a distance of 246.33 feet to a point for corner at the southeast corner of said Lot 1 and being in the said north ROW line of Loop 12, from which a 1/2 inch iron rod found for the southeast corner of said 2.959 acre tract bears South 88°45'01" East, a distance of 388.91 feet, said point also being the southwest comer of said Grove Village Apartments Addition;
THENCE North 88°45'01" West along the said north ROW line of Loop 12, a distance of 7.50 feet to the PLACE OF BEGINNING and CONTAINING 0.04 acres (1,848 sq. ft.) of land .
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REVIEWED BY
AGENDA ITEM # 37 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
4
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
N/A ________________________________________________________________
SUBJECT An ordinance abandoning a portion of Gibson Street and a subsurface drive to FM Futsal, Ltd, the abutting owner, containing a total of approximately 41,301 square feet of land, located near the intersection with Cesar Chavez Boulevard, and authorizing the quitclaim - Revenue: $16,456, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of Gibson Street and a subsurface drive to FM Futsal, Ltd, the abutting owner. The area will be included with the property of the abutting owner for the development of a community garden and athletic/futsal fields. The abandonment fee is based on an independent appraisal. Notices were sent to 13 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $16,456, plus the $20 ordinance publication fee
OWNER FM Futsal, Ltd Brian Bergerse, Trustee Leslie Stevens, Trustee Bergensen Family, Trust Beneficiaries MAP Attached
Agenda Date 01/22/2014 - page 2
2
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STREET ABANDONMENT
ORDINANCE NO. _____________ An ordinance providing for the abandonment of a portion of Gibson Street and a subsurface drive located adjacent to City Blocks 13/146 and 12/147, in the City of Dallas and County of Dallas Texas; providing for the quitclaim thereof to FM Futsal, Ltd; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; 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 FM Futsal, Ltd, a Texas limited partnership, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim the hereinafter described tracts of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said right-of-way and subsurface drive 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 tracts 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.
GM/39632
1
SECTION 2.
That for and in monetary consideration of the sum of SIXTEEN
THOUSAND FOUR HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($16,456.00) paid by GRANTEE, and the further consideration described in Sections 8, 9 , 10, and 11, 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 tracts 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.. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns.
GM/39632
2
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 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
GM/39632
3
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: a)
not alter Pearl Street and/or Cesar Chavez Boulevard rights-of-way; and
b) enter into a private development agreement with DWU - Engineering to relocate fire hydrants and wastewater mains. The relocation must be done prior to the effectiveness of the abandonment. SECTION 10.
That as a condition of this abandonment and as a part of the
consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tracts of land abandoned and quitclaimed herein.
This final replat shall be recorded by
GRANTEE in the official real property records of the county in which the abandoned area is located after its approval by the City Plan Commission of the City of Dallas. SECTION 11.
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. SECTION 12. 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.
GM/39632
4
Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee: (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 13.
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: WARREN M.S. ERNST City Attorney
DAVID COSSUM Interim Director of Department of Sustainable Development and Cons ruction
Assistant City Attorney
GM/39632
5
EXHIBIT A-TR~1T 1 ABANDONMt..NT A PORTION OF GIBSON STREET JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS
BEING o 4,87 4 square feet Abstract Number form kn wn as Lone R.O.C. ) Dallas County, Texas
f land situated within the Coun some bein recorded in Vol um more par described os follows:
BEGINNING at on cut in concrete set in th northwest Street, some being the south t !in of o tract recorded in Volume 76729, R.O.C. ), north
f the northeast line of
said Gibson deed 108 feet
o
80 foot
Pearl Street
THENCE N 45掳34'13" [ along th northwest fin of said Gibson the southeast line described in Vo/um 767 1 and continuing of said City of Dallas tract, the southeast line of o tract con to the of Doi/as by deed recorded in Volume 761 1928 R.D C. T), o total diston of 15 44 feet to on "x" cut in concrete set for corner;
THENCE S 10'17'11" o distance of 42.34 feet southeast fin of said Gib Street;
THENCE
路34'7 " W along th feet to on " cut in concrete t with radius of 232 50 feet, feet;
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THENCE along said
with o cen trol on f 09'37'01" and on to the POINT OF BEGINNING and con to in in 4,814 square feet or less.
of 39.02 feet fond, more or
Basis of Bearings is
the southwest line 36'00'00" of Preston Street, known as South Cesar Chavez Boulevard, as shown on Mop of Railroad Addition, on addition to the of Do/las, Doi/as Coun Texas according to the t thereof recorded in Volume 4, 350, lvl.R.O C. T.
Forest Lone lvloy 20, 2013 Project No. 12143
PIBUR\11\: SHEET 1 OF 2
CARSQ1'\
Doi/as,
Texas
Suite 229
75243
ph. (214) 328-3500 fox:(214) 328-3512 emoil@piburncorson.com
ABANDONMENT A PORTION OF GIBSON STRffT JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS
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09°37 01 232.50' 39.02' CB N 70°32'30" W LC = 38.98' 36'00'00" of Basis of is the southwest line Preston Street, known as South Cesar Cho Boulevard, shown on Revised of Railroad on addition to the City of Doi/as, County, to the plot thereof recorded in Volume 4, CT Moy 20, 2013 Project No. 12143
SHEET 2 OF 2
PIBURN& CARSQ>J
9535 Forest Lone Suite 229 Do/las, Texas 75243 ph:(214) 328-3500 fox (214) 328-3512 emoil@pibumcorson.com
ABANOONMEN A PORTION OF GIBSON STREET JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS
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VICINITY MAP nts
9535 Forest Lone Suite 229 Oollos, Texas 75243 May 20, 2013 Project No. 12143
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EXHIBIT CITY BLOCK JOHN GRIGSBY CITY OF SURF A
46 and 1 47 ABSTRACT NUMBER 495 DALLAS COUN TEXAS ABANDONMENT
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EXHIBIT CITY BLOCK 1 46 and 1 47 JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DALLAS, DALLAS COUN TEXAS CE ABANDONMENT
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EXHIBIT 46 and 1 47 CITY BLOCK 1 ABSTRACT NUMBER 495 JOHN GRIGSBY DALLAS COUNTY, TEXAS CITY OF CE ABANDONMENT SURF A
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EXHIBIT CITY BLOCK 1 46 and 1 47 JOHN GRIGSBY SURVEY, ABSTRACT NUMBER 495 CITY OF DALLAS COUN TEXAS SURF A ABANDONMENT
VICINITY MAP (,,;;:;
PIBURN&
CARSON
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 # 38 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
4
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
64M ________________________________________________________________
SUBJECT An ordinance abandoning portions of Short Boulevard to Corinth I-35 & Ledbetter, LLC, the abutting owner, containing a total of approximately 13,375 square feet of land, located near the intersection of Vistawood and Short Boulevards, authorizing the quitclaim, and providing for the dedication of approximately 717 square feet of land needed for street right-of-way - Revenue: $11,295, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of portions of Short Boulevard to Corinth I-35 & Ledbetter, LLC, the abutting owner. The area will be included with the property of the abutting owner for the construction of a retail strip center. The owner will dedicate approximately 717 square feet of land needed for street right-of-way. The abandonment fee is based on Dallas Central Appraisal District values. Notices were sent to 19 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $11,295, plus the $20 ordinance publication fee
OWNER Corinth I-35 & Ledbetter, LLC Frank Mihalopoulos, Manager MAP Attached
Agenda Date 01/22/2014 - page 2
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10/5993
Short Boulevard
= Abandonment Areas
~ =
Dedication Area
ORDINANCE NO. _____________ An ordinance providing for the abandonment of portions of Short Boulevard located adjacent to City Block 10/5993 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Corinth I-35 & Ledbetter, LLC; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; 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 Corinth I-35 & Ledbetter, LLC, a Texas limited liability corporation, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim 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 Short Boulevard are 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 tracts 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. SECTION 2.
That for and in monetary consideration of the sum of ELEVEN
THOUSAND TWO HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($11,295.00) 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,
GM/39917
1
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 tracts 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. 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.
GM/39917
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SECTION 8.
That as a condition of this abandonment and as a part of the
consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold whole and harmless the City of Dallas of, from and against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the areas set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the areas described in Exhibit A, which GRANTEE, its successors and assigns, agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the areas set out in Exhibit A. GRANTEE, its successors and assigns, hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous
substances”
under
the
Comprehensive
Environmental
Response,
Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 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.
GM/39917
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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 dedication by easement of not less than 717 square feet of needed right-of-way in City Block 5993. 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 passage of this ordinance, 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. 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.
GM/39917
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Upon receipt of the monetary consideration set forth in Sections 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, and the filing of the replat 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: WARREN M. S. ERNST City Attorney
Passed
DAVID COSSUM Interim Director of Department of Sustainable Development and Construction
---------
GM/39917
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EXHIBI f A-1 t~C: I .l
STREET RIGHT OF WAY ABANDONMENT PORTION OF SHORT BOULEVARD Adjacent to BLOCK 5993 Paul Narboe Survey, Abstract No. 1077 City of Dallas, Dallas County, Texas Tract 1
BE/NG a 1, 965 square foot tract of land situated in the Paul Narboe Survey, Abstract No. 1077, abutting Block No. 5993 in the City of Dallas, Dallas County, Texas, being a part of Short Boulevard (a 56' wide right-of-way) as conveyed by Easement to the City of Dallas and recorded in Volume 93191, Page 8019, Volume 93194, Page 7403 and Volume 93194, Page 7409, Deed Records, Dallas County, Texas (D.R.D.C. T.), and abutting a tract of land owned by Corinth 1-35 & Ledbetter, LLC and described as "Tract 1" in the Special Warranty Deed with Vendor's Lien recorded in Document Number 20070171828, Official Public Records, Dallas County, Texas (O.P.R.D.C. T.) and corrected in Special Warranty Deed with Vendor's Lien recorded in Document Number 20070178877, O.P.R.D.C. T., and also abutting a tract of land owned by Corinth 1-35 & Ledbetter, LLC as described in the Quitclaim Deed recorded in Document Number 201300152142, O.P.R.D.C. T., said 1, 965 square foot tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 3-1/2" aluminum disk stamped "Glen Oaks Center Addn. RPLS 5336" found for corner at the southwest end of a corner clip line between the north right of way line of said Short Boulevard and the west right of way line of Vista Wood Boulevard (a 60' wide right-of-way), said corner also being the most southerly southeast corner of said Tract 1;
THENCE across said Short Boulevard, S08"59'56"W, a distance of 9.04 feet to a 5/8 inch iron rod with cap set for corner at the beginning of a non-tangent curve to the right having a central angle of 10'34'25", a radius of 24.50 feet and a chord that bears N86"16'44"W, a distance of 4.51 feet; THENCE along said curve to the right, an arc distance of 4.52 feet to a 5/8 inch iron rod with cap set for corner; THENCE N81'00'37"W, a distance of 203.00 feet to a point for corner at the beginning of a non-tangent curve to the right having a central angle of 10路53'33", a radius of 50.00 feet and a chord that bears N10'26'49"E, a distance of 9.49 feet, said corner lying in the east line of that portion of said Short Boulevard conveyed by Warranty Deed to the City of Dallas and recorded in Instrument No. 201300152141, O.P.R.D.C. T.; THENCE along said east line and said curve to the right, on ore distance of 9.51 feet to a point for corner and lying in said north right of way line of Short Boulevard and the south line of said Corinth 1-35 & Ledbetter, LLC tracts; THENCE along said north right of way line of Short Boulevard and said south line of Corinth /-35 & Ledbetter, LLC tracts, S81 '00'04"E, a distance of 207.26 feet to the POINT OF BEGINNING and containing 1, 965 square feet or 0. 0451 acres of /and!_:..~';;27~~
(For SPRG use only)
Reviewed by: Date: SPRG NO.:
;JL_ 11-11-1-:,
2752
C3 BROCKETTE 路 DAVIS 路 DRAKE , inc.
c:::::>c:::::>con su Iting engineers
Civil &: Structural Engineering Surveying 4144 North Central Expressway, Suite 1100 Datlas,Texas 75204 (214)824-3647, fax (214) 824-7064
BASIS OF BEAR/NG: The basis of bearings shown hereon, N81 '00'04"W, is the northerly right-of-way line of Short Boulevard per Special Warranty Deed to Corinth 1-35 & Ledbetter, LLC recorded in Inst. No. 20070178877 of the Official Public Records, Dallas County, Texas. NOVEMBER, 2013
SHEET 1 OF 4
C12094
STREET RIGHT OF WAY ABANDONMENT PORTION OF SHORT BOULEVARD Adjacent to BLOCK 5993 Paul Narboe Survey, Abstract No. 1077 City of Dallas, Dallas County, Texas I
I I
I
L1 = S81 '00'37"E 207.26' L2 = S81'00'37"E 63.67'
"TRACT 1" CORINTH 1-.35 & LEDBETTER, LLC INST. NO. 20070171828 INST. NO. 20070178877 O.P.R.D.C. T.
0=263'06'12" L=229.60' R=50.00' CH=N50·33•11 "E CL=74.84'
I
I
BLOCK5993
0=10·53•33" L=9.51' R=50.00'
I
QUITCLAIM INST. NO. 201300152142 O.P.R.D.C.T.
CH=N10·26'49"E CL=9.49' - - ~ /,,.
,
ABANDONMENT TRACT 1 1,965 SQ. FT.
"TRACT 2" CORINTH 1-.35 & LEDBETTER, LLC 1 1INST. NO. 20070171828 INST. NO. 20070178877 1 O.P.R.D.C. T.
BLOCK5993
S08'59'56"W 9.04' STREET EASEMENT VOL. 93191, PG. 8019 VOL. 93194, PG. 740 3 VOL. 93194, PG. 740 9 D.R.D.C. T.
7014
BLOCK 10/5993 LOTS SWBT GREEN RIDGE ADDITION VOL. 93191, PG. 7014 D.R.D.C.T.
0=10'34'25" L=4.52' R=24.50' CH=NB6.16'44"W CL=4.51'
llEGlEND 0
3-1/2" aluminum monument found unless otherwise noted
CIRS
5/8" iron rod with cap set
P.0.C.
Point of Commencing
P.O.B.
Point of Beginning
C.M.
controlling monumnent
R.O.W.
right of way
INST. NO.
In strum en t Number
VOL., PG.
Volume, Page
O.P.R.D.C. T.
Official Public Records, Dallas County, Texas
D.R.D.C. T.
Deed Records, Dai/as County, Texas
M.R.D.C. T.
Map Records, Dallas County, Texas
C3 BROCKETTE · DAVIS · DRAKE , inc. i::::>i::::> con su I ting engineers Civil & Structural Engineering Surveying 4144 North Central Expressway, Suite 1100 Dollos,Texos 75204 (214)824-3647, fox (214) 824-7064
BLOCK5993 WAL-MART REAL ESTATE BUSINESS TRUST INST. NO. 201200224.307 O.P.R.D.C. T.
(For SPRG use only)
Reviewed by: Date: SPRG NO.:
.;)1.... //·)I-I'!>
2752
GRAPHIC SCALE
0 50' SCALE: 1"
100' 100'
BASIS OF BEARING: The basis of bearings shown hereon, N81 '00'04"W, is the northerly right-of-way line of Short Boulevard per Special Warranty Deed to Corinth 1-35 & Ledbetter, LLC recorded in Inst. No. 20070178877 of the Official Public Records, Dallas County, Texas. NOVEMBER, 2013 SHEET 2 OF 4 C12094
tNHtHI
STREET RIGHT OF WAY ABANDONMENT PORTION OF SHORT BOULEVARD Adjacent to BLOCK 5993 Paul Narboe Survey, Abstract No. 1077 City of Dallas, Dallas County, Texas Tract 2 BEING a 546 square foot tract of land situated in the Paul Narboe Survey, Abstract No. 1077, in the City of Dallas, Dallas County, Texas, being a part of Short Boulevard (a 56' wide right-of-way) as conveyed by Warranty Deed to the City of Dallas and recorded in Instrument No. 201300152141, Official Public Records, Dallas County, Texas (O.P.R.D.C. T.), and abutting Block No. 5993, and also abutting a tract of land owned by Corinth 1-35 & Ledbetter, LLC and described as "Tract 1" in the Special Warranty Deed with Vendor's Lien recorded in Document Number 20070171828, O.P.R.D.C. T. and corrected in Special Warranty Deed with Vendor's Lien recorded in Document Number 20070178877, O.P.R.D.C. T., and said 546 square foot tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 3-1/2" aluminum disk stamped "Glen Oaks Center Addn. RPLS 5336" found for corner at the southwest end of a corner clip line between the north right of way line of said Short Boulevard and the west right of way line of Vista Wood Boulevard (a 60' wide right-of-way), said corner also being the most southerly southeast corner of said Tract 1;
THENCE along said north right of way line of Short Boulevard, N81°00'04"W, a distance of 207.26 feet to a point for corner, the POINT OF BEGINNING and lying at the beginning of a non-tangent curve to the left having a central angle of 10·53'33", a radius of 50.00 feet and a chord that bears S10°26'49"W, a distance of 9.49 feet; THENCE across said Short Boulevard and along said curve to the left, an arc distance of 9.51 feet to a point for corner; THENCE N81°00'37"W, a distance of 44.06 feet to a 5/8 inch iron rod with cap set for corner at the beginning of a tangent curve to the right having a central angle of 52"14'41", a radius of 24.50 feet and a chord that bears N54°53'16"W, a distance of 21.57 feet; THENCE along said curve to the right, an arc distance of 22.34 feet to a 5/8 inch iron rod with cap set for corner and lying in said north right of way line of Short Boulevard and the south line of said Tract 1; THENCE along said north right of way line of Short Boulevard and said south line of Tract 1, S81°00'04"E, a distance of 63.67 feet to the POINT OF BEGINNING and containing 546 square feet or 0. 0125 acres of land.
(For SPRG use only)
Reviewed by: Date: SPRG NO.:
;;Jl.. I/- Ii ~r:., 2752
C3 BROCKETTE · DA VIS
DRAKE , inc.
c:>c:>consulting engineers
Civil & Structural Engineering Surveying 4144 North Central Expressway, Suite 1100 Dallas.Texas 75204 (214)824-3647, fax (214) 824-7064
BASIS OF BEAR/NG: The basis of bearings shown hereon, NB1 '00'04"W, is the northerly right-of-way line of Short Boulevard per Special Warranty Deed to Corinth 1-35 & Ledbetter, LLC recorded in Inst. No. 20070178877 of the Official Public Records, Dallas County, Texas. NOVEMBER, 2013
SHEET 3 OF 4
C12094
STREET RIGHT OF WAY ABANDONMENT PORTION OF SHORT BOULEVARD Adjacent to BLOCK 5993 Paul Narboe Survey, Abstract No. 1077 City of Dallas, Dallas County, Texas I
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I
I
L1 = Na1·00'37"W 207.26' L2 = S81'00'37"E 63.67'
"TRACT 1" CORINTH 1-35 & Lf08fTT£R, LLC INST. NO. 20070171828 INST. NO. 20070178877 0.P.R.0.C. T.
0=263'06'12" L=229.60' R=50.00' CH=N50·33'11 "E CL=74.84'
"TRACT 2" CORINTH 1-35 & LfOBfTTER, LLC 1 1INST. NO. 20070171828 INST. NO. 20070178877 1 O.P.R.O.C. T.
BLOCK5993
D=10·53•33" L=9 ' 51 , R=50.00' CH=s10·25'49"w CL=9.49'
I
QUITCLAIM INST. NO. 201300152142 O.P.R.D.C.T.
.,...,,--// P.O.B.
BLOCK5993
'
STREET EASEMENT VOL. 93191, PG. 8019 VOL. 93794, PG. 740 3 VOL. 93194, PG. 740g D.R.D.C.T.
7014
0=52.14'41" L=22.34' R=24.50' CH=N54 ·53'16"W CL=21.57'
BLOCK 10/5993 LOTS SWBT GREEN RIDGE ADDITION VOL. 93191, PG. 7014 D.R.D.C.T.
BLOCK5993 WAL-MART REAL ESTATE BUSINESS TRUST
INST. NO. 201200224307 O.P.R.O.C. T.
llEClEND 0
3-1/2" aluminum monument found unless otherwise noted
C/RS
5/8" iron rod with cap set
P.0.C.
Point of Commencing
P.O.B.
Point of Beginning
C.M.
controlling monumnent
R.O.W.
right of way
INST. NO.
lnstrumen t Number
VOL., PG.
Volume, Page
OP.R.0.C T.
Official Public Records, Dallas County, Texas
Reviewed by: Date:
0.R.O.C. T.
Deed Records, Dallas County, Texas
SPRG NO.:
M.R.0.C. T.
Map Records, Dallas County, Texas
C3 BROCKETTE · DAVIS
(For SPRG use only)
DRAKE , inc.
i::::>i::::>con sul ting engineers Civil & Structural Engineering Surveying 4144 North Central Expressway, Suite 1100 Dallas,Texas 75204 (214)824-3647, fax (214) 824-7064
;JL 1/-Jl->"!J 2752
GRAPHIC SCALE
0 50' SCALE: 1"
100' 100'
BASIS OF BEAR/NG: The basis of bearings shown hereon, N81 ·oo'04"W, is the northerly right-of-way line of Short Boulevard per Special Warranty Deed to Corinth /-35 & Ledbetter, LLC recorded in Inst. No. 20070178877 of the Official Public Records, Dallas County, Texas.
NOVEMBER, 2013
SHEET 4 OF 4
C12094
EXHIBIT A-TRACT STREET RIGHT OF WAY ABANDONMENT PORTION OF SHORT BOULEYARD Adjacent to BLOCK 5993 and 10/5993 Paul Narboe Survey, Abstract No. 1077 City of Dallas, Dallas County, Texas BEING a 10,864 square foot tract of land situated in the Paul Narboe Survey, Abstract No. 1077, abutting Block No. 5993 and 10/5993 in the City of Dallas, Dallas County, Texas, being a part of Short Boulevard (a 56' wide right-of-way) as conveyed by Warranty Deed to the City of Dallas and recorded in Instrument No. 201300152141, Official Public Records, Dallas County, Texas (O.P.R.D.C. T.) and abutting a tract of land owned by Corinth 1-35 & Ledbetter, LLC and described as "Tract 1" in the Special Warranty Deed with Vendor's Lien recorded in Document Number 20070171828, O.P.R.D.C. T. and corrected in Special Warranty Deed with Vendor's Lien recorded in Document Number 20070178877, O.P.R.D.C. T., and also abutting Lot 5, Block 10/5993 of SWBT Green Ridge Addition, an addition to the City of Dallas, as shown on the plat recorded in Volume 93191, Page 7014, Deed Records, Dallas County, Texas (D.R.D.C. T.), said 10,864 square foot tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 3-1/2" aluminum disk stamped "Glen Oaks Center Addn. RPLS 5336" found for corner at the southwest end of a corner clip line between said north right of way line of Short Boulevard and the west right of way line of Vista Wood Boulevard (a 60' wide right-of-way), said corner also being the most southerly southeast corner of said Tract 1; Thence along said north right of way line of Short Boulevard, N81 "00'04"W, a distance of 330.09 feet to a point for the POINT OF BEGINNING;
THENCE across said Short Boulevard, S08"59'56"W, a distance of 56.00 feet to a 5/8 inch iron rod with cap set for corner in the south right of way line of said Short Boulevard and north line of said Lot 5, Block 10/5993; THENCE along said south right of way line of Short Boulevard and said north line of Lot 5, Block 10/5993, N81 "00'04"W, a distance of 94.15 feet to a 5/8 inch iron rod with cap set for corner at the beginning of a tangent curve to the right having a central angle of 263"06'12", a radius of 50.00 feet and a chord that bears N50"33'11 "E, a distance of 74.84 feet; THENCE along the right of way line of said Short Boulevard and said curve to the right, an arc distance of 229.60 feet to a 5/8 inch iron rod with cap set for corner and lying in the north right of way line of said Short Boulevard; THENCE along said north right of way line of Short Boulevard, S81 "00'04"E, a distance of 44.51 feet to the POINT OF BEGINNING and containing 10,864 s or 0.2494 acres of land.
(For SPRG use only)
Reviewed by: Date: SPRG NO.:
_ _-::f,_l-_ __ 1(-/l-/:3 2753
C3 BROCKETIE 路DAVIS 路DRAKE , inc.
i::::>i::::>con sul ting engineers
Civil & Structural Engineering Surveying 4144 North Central Expressway, Suite 1100 Dallas.Texas 75204 (214)824-3647, fax (214) 824-7064
BASIS OF BEARING: The basis of bearings shown hereon, N81 '00'04"W, is the northerly right-of-way line of Short Boulevard per Special Warranty Deed ta Corinth 1-35 & Ledbetter, LLC recorded in Inst. No. 20070178877 of the Officio/ Public Records, Dallas County, Texas. NOVEMBER, 2013
SHEET 1 OF 2
C12094
STREET RIGHT OF WAY ABANDONMENT PORTION OF SHORT BOULEYARD Adjacent to BLOCK 5993 and 10/5993 Paul Narboe Survey, Abstract No. 1077 City of Dallas, Dallas County, Texas I
L1
sa1·00'04"E 44.51' "TRACT 1" CORINTH 1-35 & LEDBETTER, LLC INST. NO. 20070171828 INST. NO. 20070178877 O.P.R.D.C. T.
0=263"06'12" L=229.60' R=50.00' CH=N50"33'11 "E CL=74.84'
I
I I
I
I
"TRACT 2" CORINTH 1-35 & L£0BfTT£R, LLC 1 INST. NO. 20070171828 1 INST. NO. 20070178877
BLOCK5993
t
ABANDONMENT 10,864 SQ. FT. OR 0.2494 ACRES
POINT OF
1
QUITCLAIM
O.P.R.O.C. T.
INST. NO. 201300152142 O.P.R.D.C.T.
BEG/NN~: I
BLOCK5993
/,
'\
/
Na1·00·04 ..
w1 JJo.09·
STREET EASEMENT VOL. 93191, PG. 8019 VOL. 93194, PG. 7 403 VOL. 93794, PG. 7 409 D.R.D.C.T.
7014
BLOCK 10/5993 LOTS SWBT GREEN RIDGE ADDITION VOL. 93191, PG. 7014 D.R.D.C.T.
BLOCK5993 WAL-MART REAL ESTATE BUSINESS TRUST INST. NO. 201200224307 O.P.R.D.C. T.
l!EG!END 0
3-1/2" aluminum monument found unless otherwise noted
(For SPRG use only)
Reviewed by: Date:
,:fL..
SPRG NO.:
2753
C3 BROCKETTE · DA VIS i::::>i::::> consulting
DRAKE , inc.
engineers
Civil & Structural Engineering Surveying 4144 North Central Expressway, Suite 1100 Dallas, Texas 75204 (214)824-3647, fax (214) 824-7064
C/RS
5/8" iron rod with cap set
CM
contra/Jing monumnent
R.O.W.
right of way
INST. NO.
In strum en t Number
VOL., PG.
Volume, Page
O.P.R.0.C. T.
Official Public Records, Dallas County, Texas
D.R.D.C.T.
Deed Records, Dallas County. Texas
M.R.O.C. T.
Map Records, Dallas County, Texas
GRAPHIC SCALE
0 50' SCALE: 1"
100' 100'
BASIS OF BEAR/NG: The basis of bearings shown hereon, N81 '00'04"W, is the northerly right-of-way line of Short Boulevard per Special Warranty Deed to Corin th 1-35 & Ledbetter, LLC recorded in Inst. No. 20070178877 of the Official Public Records, Dallas County, Texas.
NOVEMBER, 2013
SHEET 2 OF 2
C12094
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 # 39 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
1
DEPARTMENT:
Trinity Watershed Management
CMO:
Jill A. Jordan, P.E., 670-5299
MAPSCO:
44 T ________________________________________________________________
SUBJECT Authorize a construction contract with Norstino Construction Company, ACA, lowest responsible bidder of five, for the 1667 Sylvan Storm Drainage Improvements â&#x20AC;&#x201C; Not to exceed $370,000 â&#x20AC;&#x201C; Financing: 1998 Bond Funds ($38,739), 2006 Bond Funds ($270,097), Water Utilities Capital Improvement Funds ($58,024) and Water Utilities Capital Construction Funds ($3,140) BACKGROUND The 2006 Bond Program funded the design of the drainage improvement project at 1667 Sylvan Avenue to alleviate flooding of this area. This property is also a Repetitive Loss Property as defined by the Federal Emergency Management Agency (FEMA) and these drainage improvements will reduce the likelihood of continued flooding in the neighborhood. This project includes the installation of 1,400 linear feet of storm drainage culvert box/pipe, storm drainage inlets, water and wastewater relocations, partial alley reconstruction, and miscellaneous street repairs to complete the project. This action will authorize a construction contract with Norstino Construction Company, ACA, the lowest responsive bidder of five (5) for the construction of the drainage improvements at 1667 Sylvan Avenue. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction
September 2009 August 2013 May 2014 October 2014
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with LIM & Associates for engineering services on September 9, 2009, by Resolution No. 09-2222. Authorize Supplemental Agreement No. 1 to the professional services contract for engineering services on October 13, 2010, by Resolution No. 10-2615. FISCAL INFORMATION 1998 Bond Funds - $38,738.94 2006 Bond Funds - $270,097.00 Water Utilities Capital Improvement Funds - $58,024.00 Water Utilities Capital Construction Funds - $3,140.00 Design Construction Paving & Drainage Water & Wastewater (DWU)
$ 53,350.00
Total Cost
$423,349.94
$308,835.94 (est.) $ 61,164.00 (est.)
M/WBE INFORMATION See attached. ETHNIC COMPOSITION Norstino Construction Company, ACA Hispanic Female African-American Female Other Female White Female
0 1 0 0
Hispanic Male African-American Male Other Male White Male
7 3 1 0
Agenda Date 01/22/2014 - page 2
BID INFORMATION The following bids with quotes were received and opened on October 24, 2013: *Denotes successful bidder BIDDERS
BID AMOUNT
*Norstino Construction Company, ACA 10075 Royal Ln Suite 1002 Dallas, Texas 75238 Camino Construction LP Texas Standard Construction Jeske Construction Company SYB Construction Company, Inc.
$369,999.94
$437,963.00 $451,554.50 $567,238.00 $589,034.00
OWNER(S) Norstino Construction Company, ACA Augustine Okeke, Operation/Project Manager MAP Attached
Agenda Date 01/22/2014 - page 3
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a construction contract with Norstino Construction Company, ACA, lowest responsible bidder of five, for the 1667 Sylvan Storm Drainage Improvements – Not to exceed $370,000 – Financing: 1998 Bond Funds ($38,739), 2006 Bond Funds ($270,097), Water Utilities Capital Improvement Funds ($58,024) and Water Utilities Capital Construction Funds ($3,140) Norstino Construction 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
Percent
Total local contracts Total non-local contracts
$369,999.94 $0.00
100.00% 0.00%
------------------------
------------------------
TOTAL CONTRACT
$369,999.94
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local
Certification
I & H Concrete Cutting, Inc. Contreras Trucking Image Concrete, Inc.
BMDB56526Y0214 HMDB56528Y0214 WFDB55635Y1213
Total Minority - Local
Amount
Percent
$5,000.00 $35,000.00 $55,000.00
1.35% 9.46% 14.86%
------------------------
------------------------
$95,000.00
25.68%
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
$5,000.00 $35,000.00 $0.00 $0.00 $55,000.00
1.35% 9.46% 0.00% 0.00% 14.86%
$5,000.00 $35,000.00 $0.00 $0.00 $55,000.00
1.35% 9.46% 0.00% 0.00% 14.86%
----------------------
----------------------
----------------------
-----------------------
Total
$95,000.00
25.68%
$95,000.00
25.68%
1667 SYLVAN AVENUE DRAINAGE IMPROVEMENTS
MAPSC044T
COUNCIL CHAMBER
January 22, 2014 WHEREAS, on September 9, 2009, Resolution No. 09-2222 authorized a professional services contract with LIM & Associates for engineering services for the design of 5 alley reconstruction projects and 4 storm drainage projects, in an amount not to exceed $336,270; and, WHEREAS, on October 13, 2010, Resolution No. 10-2615 authorized supplemental agreement No. 1 to the professional services contract with LIM & Associates for additional storm drainage and wastewater design related to the storm drainage system design for Peavy Road at Galway Drive to Fuller Drive, in an amount not to exceed $31,187, increasing the contract from $336,270 to $369,457; and, WHEREAS, on August 8, 2011, Administrative Action No. 11-2133 authorized supplemental agreement No. 2 with LIM & Associates for additional surveying services on alley between 3144 Catamore Ln. and Woodwind Ln. form Channel Dr. to Dundee Dr. including â&#x20AC;&#x153;Tâ&#x20AC;? alley, in an amount not to exceed $4,500, increasing the contract from $369,457 to $373,957; and, WHEREAS, on April 1, 2013, Administrative Action No. 13-0558 authorized supplemental agreement No. 3 with LIM & Associates for additional engineering and surveying services for stormwater drainage and water/wastewater improvements on Fuller between Galway and Garland Road, in an amount not to exceed $31,021.94, increasing the contract from $373,957 to $404,978.94; and, WHEREAS, bids were received on October 24, 2013, for the Construction of 1667 Sylvan Drainage Improvements as follows: BIDDERS
BID AMOUNT
Norstino Construction Company, ACA Camino Construction LP Texas Standard Construction Jeske Construction Company SYB Construction Company, Inc.
$369,999.94 $437,963.00 $451,554.50 $567,238.00 $589,034.00
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 construction contract with Norstino Construction Company, ACA for the drainage and water/wastewater improvements at 1667 Sylvan in the amount not to exceed $369,999.94, this being the lowest responsive bid received as indicated by the tabulation of bids, after it has been approved as to form by the City Attorney.
COUNCIL CHAMBER
January 22, 2014 Section 2. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Flood Protection and Storm Drainage Improvement Fund Fund 1T23, Dept. TWM, Unit T538, Act. SDRS Obj. 4540, Program PB06T538, CT PBW06T538D1 Vendor #0000076614, in an amount not to exceed
$213,406.00
Flood Protection and Storm Drainage Improvement Fund Fund 9T23, Dept. TWM, Unit T538, Act. SDRS Obj. 4540, Program PB06T538, CT PBW06T538D1 Vendor #0000076614, in an amount not to exceed
$ 56,691.00
Flood Protection and Storm Drainage Improvement Fund Fund 1P23, Dept. PBW, Unit T538, Act. SDRS Obj. 4540, Program PB06T538, CT PBW06T538D1 Vendor #0000076614, in an amount not to exceed
$ 38,738.94
Water Construction Fund Fund 0102, Dept. DWU, Unit CW42, Act. RELP, Rep W3IT Obj. 3221, Program No. 712205X, CT DWU712205EN Vendor #0000076614, in an amount not to exceed $
1,300.00
Wastewater Capital Improvement Fund Fund 0116, Dept. DWU, Unit PS42, Act. RELP, Rep T2UL Obj. 4560, Program No. 712206, CT DWU712206CP Vendor #0000076614, in an amount not to exceed
$ 43,759.00
Wastewater Construction Fund Fund 0103, Dept. DWU, Unit CS42, Act. RELP, Rep T2UL Obj. 3222, Program No. 712206S, CT DWU712206EN Vendor #0000076614, in an amount not to exceed
$
Water Capital Improvement Fund Fund 0115, Dept. DWU, Unit PW42, Act. RELP, Rep W3IT Obj. 4550, Program No. 712205, CT DWU712205CP Vendor #0000076614, in an amount not to exceed
$ 14,265.00
Total amount not to exceed
$369,999.94
1,840.00
Section 3. That this resolution shall take effective 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 # 40 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
7
DEPARTMENT:
Water Utilities
CMO:
Forest E. Turner, 670-3390
MAPSCO:
56 B C F G ________________________________________________________________
SUBJECT Authorize an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation, for the design and construction of water and wastewater main relocations and appurtenance adjustments for S.M. Wright Freeway Phase I from C.F. Hawn Freeway (U.S. Highway 175) to Julius Schepps Freeway (Interstate Highway 45) - Not to exceed $3,513,000 - Financing: Water Utilities Capital Construction Funds ($15,000) and Water Utilities Capital Improvement Funds ($3,498,000) BACKGROUND This item consists of the design and construction of approximately 4,276 feet of 8-inch water main, 522 feet of 12-inch water main, 2,500 feet of 8-inch wastewater main, 450 feet of 12-inch wastewater main, and routine water and wastewater appurtenance adjustments in conjunction with paving and drainage improvements by the Texas Department of Transportation (TxDOT) in S.M. Wright Freeway Phase I, from C.F. Hawn Freeway (U.S. Highway 175) to Julius Schepps Freeway (Interstate Highway 45). TxDOT has designed the paving and storm drainage facilities. TxDOT will administer the project and has agreed to incorporate the Water Utilities Departmentâ&#x20AC;&#x2122;s (DWU) water and wastewater main relocations and appurtenance adjustments into their design and construction contracts. Under the Advance Funding Agreement with the State of Texas, acting through TxDOT, DWU will provide the funding, construction inspection services, and approval of the design for the water and wastewater relocations and appurtenance adjustments. TxDOT will be responsible for administering the design and construction of the water and wastewater main relocations and appurtenance adjustments. TxDOT is scheduled to advertise the construction of the project in August 2014.
ESTIMATED SCHEDULE OF PROJECT Begin Design Complete Design Begin Construction Complete Construction
February 2014 May 2014 September 2014 June 2017
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $ 15,000.00 - Water Utilities Capital Construction Funds $3,498,000.00 - Water Utilities Capital Improvement Funds MAP Attached
Agenda Date 01/22/2014 - page 2
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Water Utilities Department Contract No. 14-101F/102F Advance Funding Agreement Water and Wastewater Main Relocations and Adjustments
1 of 1
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the Texas Department of Transportation (TxDOT) plans to construct new direct-connecting ramps for S.M. Wright Freeway Phase I, from C.F. Hawn Freeway (U.S. Highway 175) to Julius Schepps Freeway (Interstate Highway 45); and, WHEREAS, TxDOT has agreed to incorporate the Water Utilities Department's (DWU) water and wastewater main relocations and appurtenance adjustments for S.M. Wright Freeway Phase I, from C.F. Hawn Freeway (U.S. Highway 175) to Julius Schepps Freeway (Interstate Highway 45) into their design and construction contracts; and, WHEREAS, TxDOT has submitted an acceptable Advance Funding Agreement that incorporates DWU's relocations and adjustments in advance of paving into the Stateâ&#x20AC;&#x2122;s construction plans; and, WHEREAS, under the Advance Funding Agreement with the State of Texas, acting through TxDOT, DWU will provide funding, construction inspection services, and approval of the design for the water and wastewater main relocations and adjustments; and, WHEREAS, the Advance Funding Agreement will allow the State to proceed with the advertisement, award of the construction contract, and provide contract administration. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to enter into an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation, for design and construction of water and wastewater main relocations and appurtenance adjustments for S.M. Wright Freeway Phase I, from C.F. Hawn Freeway (U.S. Highway 175) to Julius Schepps Freeway (Interstate Highway 45), after approval of the contract documents by the City Attorney. Section 2. That the City Controller is hereby authorized to pay the amount of $3,513,000.00 from the Water Capital Improvement Fund, Water Construction Fund, Wastewater Capital Improvement Fund, and Wastewater Construction Fund as follows: FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0115 DWU PW42 RELP 4111 714085 W3IF CTDWU714085CP 020318 Texas Department of Transportation - (Contract No. 14-085E) - $110,000.00
COUNCIL CHAMBER
January 22, 2014 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0116 DWU PS42 RELP 4111 714086 T2UD CTDWU714086CP 020318 Texas Department of Transportation - (Contract No. 14-086E) - $55,000.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0115 DWU PW42 RELP 4550 714101 W3II CTDWU714101CP 020318 Texas Department of Transportation - (Contract No. 14-101F) - $2,124,000.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0116 DWU PS42 RELP 4560 714102 T2UF CTDWU714102CP 020318 Texas Department of Transportation - (Contract No. 14-102F) - $1,209,000.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0102 DWU CW42 RELP 3221 714101X W3II CTDWU714101EN 020318 Texas Department of Transportation - (Contract No. 14-101F) - $10,000.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0103 DWU CS42 RELP 3222 714102X T2UF CTDWU714102EN 020318 Texas Department of Transportation - (Contract No. 14-102F) - $5,000.00 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 # 41 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
7, Outside City Limits
DEPARTMENT:
Water Utilities
CMO:
Forest E. Turner, 670-3390
MAPSCO:
Various ________________________________________________________________
SUBJECT Authorize an increase in the contract with John Burns Construction Company of Texas, Inc. for additional work associated with repairs to the 96-inch Jim Miller water transmission main between the Eastside Water Treatment Plant and the Jim Miller Pump Station - Not to exceed $3,675,000, from $15,550,000 to $19,225,000 Financing: Water Utilities Capital Improvement Funds BACKGROUND This increase in the contract is for repairs of approximately 1,408 feet of 96-inch pre-stressed concrete cylinder transmission water line, built in 1982, from the Eastside Water Treatment Plant to the Jim Miller Pump Station. This pipe is composed of a steel liner embedded in a concrete core wrapped with a tightly wound high strength wire and finished by a final coating of concrete. The high strength wire is what gives this pipe most of its strength, and when corroded or broken, it weakens the pipe, making it prone to major failures. The 96-inch Jim Miller transmission water line is a critical source of the cityâ&#x20AC;&#x2122;s water supply providing up to one third of the cityâ&#x20AC;&#x2122;s water capacity. A condition and risk assessment of the 96-inch Jim Miller transmission water line has recently been performed by Pure Technologies, Inc. revealing several pipe segments with structural distress. Pure Technologies, Inc. utilizes internal electromagnetic technologies and modeling software to assess condition and risk on utility pipelines. After evaluating the results and recommendations from Pure Technologies, it was concluded that a total of 80 pipe segments need immediate replacement and 18 pipe segments need immediate repair. These repairs and replacements will address the most critical pipeline sections to avoid a major failure and ensure that water delivery service is met through peak summer demands. The remaining pipe sections will continue to be monitored to prioritize and schedule future repairs as determined necessary.
BACKGROUND (Continued) John Burns Construction Company of Texas, Inc. was selected to perform the repairs due to their expertise and available resources to perform this work given the tight time frame. The contractor is expected to complete the work in four weeks during the low water demand period in February 2014. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction
October 2009 October 2011 February 2014 February 2014
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Black & Veatch Corporation to provide engineering design services for the renewal and capacity improvements of water and wastewater mains at 28 locations on September 23, 2009, by Resolution No. 09-2331. Authorized a contract with John Burns Construction Company of Texas, Inc. for the installation of water and wastewater mains at 26 locations on September 11, 2013, by Resolution No. 13-1585. FISCAL INFORMATION $3,675,000.00 - Water Utilities Capital Improvement Funds Design Construction Contract Change Order No. 1 (this action)
$ 2,668,634.90 $15,550,000.00 $ 3,675,000.00
Total Project Cost
$21,893,634.90
M/WBE INFORMATION See attached.
Agenda Date 01/22/2014 - page 2
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
45 0 0 21
OWNER John Burns Construction Company of Texas, Inc. John B. O'Malley, Owner MAP Attached
Agenda Date 01/22/2014 - 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 repairs to the 96-inch Jim Miller water transmission main between the Eastside Water Treatment Plant and the Jim Miller Pump Station - Not to exceed $3,675,000, from $15,550,000 to $19,225,000 Financing: Water Utilities Capital Improvement 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
Percent
Local contracts Non-local contracts
$3,556,686.00 $118,314.00
96.78% 3.22%
---------------------------
---------------------------
TOTAL THIS ACTION
$3,675,000.00
100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION Local Contractors / Sub-Contractors Local
Certification
Bussey Trucking, Inc. Supreme Sawing and Seal, Inc. Magnum Manhole & Underground Company
BMMB58079Y0714 HMDB56493Y0214 WFDB56863Y0314
Total Minority - Local
Amount
Percent
$82,813.00 $1,626.00 $338,156.00
2.33% 0.05% 9.51%
---------------------------
---------------------------
$422,595.00
11.88%
Amount
Percent
$19,592.00 $16,625.00 $72,187.00
16.56% 14.05% 61.01%
---------------------------
---------------------------
$108,404.00
91.62%
Non-Local Contractors / Sub-Contractors Non-local
Certification
C. Green Scaping, LP B & S Fence Company SHEA Services, Inc.
HFDB57606Y0514 HMMB57549N0514 WFDB58250Y0714
Total Minority - Non-local
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY Page 2 TOTAL M/WBE PARTICIPATION This Action Amount Percent African American Hispanic American Asian American Native American WBE
$82,813.00 $37,843.00 $0.00 $0.00 $410,343.00
2.25% 1.03% 0.00% 0.00% 11.17%
-----------------------
Total
$530,999.00
Participation to Date Amount Percent $623,459.00 $3,514,621.00 $0.00 $0.00 $685,387.00
3.24% 18.28% 0.00% 0.00% 3.57%
----------------------
---------------------------
---------------------------
14.45%
$4,823,467.00
25.09%
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Water Utilities Department Contract No. 13-139/140 Change Order No. 1 96" Water Transmission Main Repairs between Eastside Water Treatment Plant and Jim Miller Pump Station
R
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COUNCIL CHAMBER
January 22, 2014 WHEREAS, on September 11, 2013, the City Council awarded Contract No. 13-139/140 in the amount of $15,550,000.00, by Resolution No. 13-1585, to John Burns Construction Company of Texas, Inc., 655 East Main Street, Lewisville, Texas 75067, for the installation of water and wastewater mains at 26 locations; and, WHEREAS, a condition and risk assessment of the 96-inch Jim Miller water transmission water line revealed several pipe segments with structural distress and a recommendation to make repairs was made by Pure Technologies, Inc.; and, WHEREAS, a change order is needed to perform the additional work for repairs of the 96-inch Jim Miller transmission water line between the Eastside Water Treatment Plant and the Jim Miller Pump Station in order to avoid a major failure and meet peak summer water demands; 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. 13-139/140 be increased by $3,675,000.00, from $15,550,000.00 to $19,225,000.00. 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. 13-139/140 with John Burns Construction Company of Texas, Inc., be revised accordingly. Section 2. That the City Controller is hereby authorized to pay the amount of $3,675,00.00 from the Water Capital Improvement Fund as follows: VENDOR FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE 0115 DWU PW40 MPSA 4550 713139 W3JN CTDWU713139CP VS0000000852 John Burns Construction Company of Texas, Inc. - $3,675,000.00 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 # 43 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
6
DEPARTMENT:
Trinity Watershed Management Public Works Department
CMO:
Jill A. Jordan, P.E., 670-5299
MAPSCO:
45 J ________________________________________________________________
SUBJECT Authorize acquisition, including the exercise of the right of eminent domain if such becomes necessary, from PNYX, LTD., of an unimproved tract of land containing approximately 988 square feet located on Continental Avenue at its intersection with North Riverfront Boulevard for the reconstruction of Continental Avenue - Not to exceed $41,139 ($37,939 plus closing costs and title expenses not to exceed $3,200) â&#x20AC;&#x201C; Financing: 2006 Bond Funds BACKGROUND This item authorizes the acquisition of an unimproved tract of land containing approximately 988 square feet from PNYX, LTD. This property is located on Continental Avenue at its intersection with North Riverfront Boulevard and will be used for the reconstruction of Continental Avenue. The consideration is based upon an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - $41,139 ($37,939 plus closing costs and title expenses not to exceed $3,200) OWNER PNYX, LTD. ALTHKOS, INC., General Partner Alexi Mantas, President
MAPS Attached
Agenda Date 01/22/2014 - page 2
copyright C 2006 MAPSCO, Inc.
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COUNCIL CHAMBER
January 22, 2014 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 988 square feet of property located in Dallas County, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes. “PROJECT”: Street Reconstruction Group 06-618 “USE”: The construction, installation, use, and maintenance of Continental Avenue, together with such appurtenant facilities as may be necessarily provided. "PROPERTY INTEREST": Fee Simple "OWNER": PNYX, LTD., 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": $37,939.00 "CLOSING COSTS AND TITLE EXPENSES ": Not to exceed $3,200.00 "AUTHORIZED AMOUNT": $41,139.00 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. SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, 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.
COUNCIL CHAMBER
January 22, 2014 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 Street and Transportation Improvements Fund, Fund No. 7T22 , Department PBW, Unit U783, Activity THRF, Program No. PB06U783, Object 4210, Encumbrance No. CT-PBW06U783D2. The OFFER AMOUNT, 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. 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.
COUNCIL CHAMBER
January 22. 2014 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: WARREN M. S. ERNST, CITY ATTORNEY
BY
~ÂŁ'.,- _ n;;<:
AsSiStaCity Attorney
Parcel 1 - Continental Avenue Field Notes Describing a 988 Square Foot (0.0226 Acre) Right of Way to be Acquired In Block 1/409 From "PNYX, LTD., A TEXAS LIMITED PARTNERSHIP"
Exhibit A
BEING 988 square feet (0.0226 acre) of land situated in the Garrett Fox Survey, Abstract No. 1679, in the City of Dallas, Dallas County, Texas, (Official City of Dallas Block No. 1/409) and being part of a called 0.642 acre tract of land conveyed to "PNYX, LTD., a Texas limited partnership" by Special Warranty Deed recorded in Instrument No. 20080146905 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being further described as part of Block 1 of "Trinity Industrial District, Installment No. 1", an addition to the City of Dallas, Texas as recorded in Volume 10, Page 93 of the Map Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a PK Nail with washer (controlling monument) found at the most northerly corner of said PNYX, LTD. 0.642 acre tract and the most westerly corner of a called 1.117 acre tract of land conveyed to Greyhound Lines, Inc., a Delaware corporation by deed recorded in Volume, 2000074, Page 06004 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and located in the common northwesterly line of said Block 1/409 and the existing southeasterly right of way line of Wichita Street (a called 70.00 foot R.O.W.); THENCE South 32째39'06" East, departing the common northwesterly line of said Block 1/409 and the existing southeasterly right of way line of said Wichita Street and along the common northeasterly line of said PNYX, LTD. 0.642 acre tract and the southwesterly line of said Greyhound Lines, Inc. 1.117 acre tract, a distance of 240.94 feet to an Magnetic Nail set at the POINT OF BEGINNING; THENCE South 32째39'06" East, continuing along the common northeasterly line of said PNYX, LTD. 0.642 acre tract and the southwesterly line of said Greyhound Lines, Inc. 1.117 acre tract, a distance of 8.02 feet to a set 5/8" iron rod with cap marked "LTRA" (hereafter referred to as set 5/8" iron rod) at the most easterly corner of said 0.642 acre tract, the southwest corner of said 1.117 acre tract, and located in the common southerly line of said Block 1/409 and the existing northerly right of way line of Continental Avenue (variable width R.O.W.); THENCE South 86째32'21" West, departing the common northeasterly line of said PNYX, LTD. 0.642 acre tract and the southwesterly line of said Greyhound Lines, Inc. 1.117 acre tract and along the southerly line of said Block 1/409, same being the southerly line of said 0.642 acre tract and the existing northerly right of way line of said Continental Avenue, a distance of 127.52 feet to a %" capped iron rod found at the beginning of a tangent curve to the right, having a radius of 40.00 feet and a chord which bears North 76째24'22" West, 23.87 feet;
~ FJELDNOTESAPPROVED:
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Page 1of3
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Parcel 1 - Continental Avenue Field Notes Describing a 988 Square Foot (0.0226 Acre) Right of Way to be Acquired In Block 1/409 From "PNYX, LTD., A TEXAS LIMITED PARTNERSHIP"
THENCE in a northwesterly direction, continuing along the southerly line of said Block 1/409, same being the southerly line of said 0.642 acre tract, the existing northerly right of way line of said Continental Avenue, and said curve to the right, through a central angle of 34°43'00", an arc distance of 24.24 feet to a set 5/8" iron rod at the end of said curve and located in the existing easterly right of way line of Riverfront Boulevard (variable width R.O.W.); THENCE North 86°32'21" East, departing the common existing easterly right of way line of said Riverfront Boulevard and the westerly line of said PNYX, LTD. 0.642 acre tract, same being the westerly line of said Block 1/409, a distance of 146.43 feet to the POINT OF BEGINNING and containing approximately 988 square feet or 0.0226 acre of land more or less. A Survey Plat of even date accompanies this property description. BASIS OF BEARING: Texas State Plane Coordinate System, Texas, North Central Zone 4202, North American Datum of 1983.
~.,.t';;,!£-?o/2-
_., G:Denni~ Date Registered Professional Land Surveyor Texas No. 4276 Lina T. Ramey & Associates, Inc. 1349 Empire Central, Suite 900 Dallas, Texas 75247 Ph. 214-979-1144
Page 2 of 3
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----- - - - ------
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Sheet 3 of 3
LINA T. RAMEY & AS SOCIA TES, INC. 1349 Empire Central, Suite 900 Dallas, Texas 75247 FIRM REGISTRATION NO. F-782
DEPT. OF PUBLIC WORKS & TRANSPORTATION
Parcel 1 - Block 'V409 CONTINENTAL AVENUE OWNER: PNVX, LTD. A Texas Limited Partnership OPEii.NAME
DESIGN ftLE NAME
M. Rlndahl
Rlverfront!Parcen.dgn
PARTY CHIEF
CAl..CULATIONS
N. Clark
M. King
FOlDEll
DAT1!
1·=50' 4-17-2012 FILE NO.
AGENDA ITEMS # 44,45 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
2, 14
DEPARTMENT:
Office of Economic Development
CMO:
Ryan S. Evans, 671-9837
MAPSCO:
45 K ________________________________________________________________
SUBJECT Downtown Connection TIF District – 1401 Elm Street *
Authorize a development agreement with Olympic 1401 Elm Associates, LLC, to reimburse eligible project costs related to environmental remediation, demolition, street/utility improvements and façade improvements associated with the Olympic redevelopment project (1401 Elm Street) in an amount not to exceed $50,000,000, a portion of which is in the form of an Economic Development TIF Grant, from revenues accruing to Tax Increment Financing Reinvestment Zone Eleven (Downtown Connection TIF District) – Not to exceed $50,000,000 - 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 Olympic 1401 Elm Associates, LLC, up to $50,000,000, a portion of which is in the form of an Economic Development TIF Grant, for TIF-eligible project costs pursuant to the development agreement with Olympic 1401 Elm Associates, LLC - Financing: No cost consideration to the City
BACKGROUND 1401 Elm Street was constructed in 1965. The 1.5 million square foot building has 52 floors (2 floors underground) and has been vacant since December of 2009. In September 2012, Olympic 1401 Elm Associates, LLC entered into a contract to purchase the building and single ground lease for the property. The Olympic redevelopment project will convert the building’s vacant space to office, residential and retail space.
BACKGROUND (Continued) The building will house 512 residential units (52 affordable units), approximately 71,000 square feet of retail/restaurant space and approximately 71,000 square feet of office space. Approximately 925 parking spaces will be located in sub-surface levels of the building and levels 6 through 8 of the buildingâ&#x20AC;&#x2122;s podium. Residential units will be located on levels 11 through 48. Retail/restaurant and office space will inhabit the lowest floors of the building. Two floors within the building will be open for public use. A portion of the 9th floor will have an outdoor plaza. The 50th floor currently has an observation deck that will be renovated and open to the public. Pedestrian friendly streets with enhanced sidewalks and landscape are included in the project, as well as improved pedestrian connections to the Akard Street light rail station. The total project cost for the Olympic redevelopment project is $151,283,000. TIF funding for the project is proposed to be a maximum of $50,000,000, $45,000,000 base amount and up to $5,000,000 in interest. $1,880,000 of the base amount is in the form of an Economic Development TIF Grant. TIF funding will reimburse project costs for environmental remediation, demolition, façade improvements, and infrastructure improvements. Redevelopment of the building activates the largest remaining vacant building in the downtown core, adds to the residential population downtown and improves pedestrian connections to the Akard Street light rail station as improvements will be made to the station on both sides of the rail line. ESTIMATED PROJECT SCHEDULE Project Start Date Project Completion Date
August 2014 December 2016
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 18, 2013, Downtown Connection TIF District Board of Directors reviewed and recommended approval of a development agreement with Olympic 1401 Elm Associates, LLC, for TIF funding for the Olympic project in an amount not to exceed $50,000,000, $45,000,000 base amount ($1,880,000 is in the form of an Economic Development TIF Grant), plus up to $5,000,00 in interest to reimburse TIF-eligible project costs. On January 6, 2014, the Economic Development Committee was briefed on the proposed Olympic project and recommended approval.
Agenda Date 01/22/2014 -page 2
FISCAL INFORMATION $50,000,000 â&#x20AC;&#x201C; Downtown Connection TIF District Funds PROJECT COUNCIL DISTRICT District 14 OWNER
DEVELOPER
1401 Elm Street Holdings, LLC
Olympic 1401 Elm Associates, LLC
Atil Karagoz, Managing Director 388 Market Street, Ste. 700 San Francisco, CA 94111
Bryan Dorsey, Manager 300 N. Field Street Dallas, TX 75052
MAP Attached.
Agenda Date 01/22/2014 -page 3
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COUNCIL CHAMBER
January 22, 2014 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 November 18, 2013, Downtown Connection TIF District Board of Directors reviewed and recommended approval of a development agreement with Olympic 1401 Elm Associates, LLC, for TIF funding for the Olympic project in an amount not to exceed $50,000,000, $45,000,000 base amount ($1,880,000 is in the form of an Economic Development TIF Grant), plus up to $5,000,000 in interest, to reimburse TIF-eligible project costs; and WHEREAS, on January 6, 2013, the Economic Development Committee was briefed and recommended approval of TIF funding for Olympic 1401 Elm Associates, LLC, for the Olympic project in an amount not to exceed $50,000,000; 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 redevelopment of the 1401 Elm Street building in the Downtown Connection TIF District as depicted in the Site Landscape Plan, Building Materials North and South Building Elevations, and East and West Building Elevations attached hereto as Exhibits A, 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
January 22, 2014 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 Olympic 1401 Elm Associates, LLC, and the City of Dallas, on behalf of the Downtown Connection TIF District for the Olympic 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 $50,000,000, $45,000,000 base amount ($1,880,000 is in the form of an Economic Development TIF Grant), plus up to $5,000,000 in interest for TIF-eligible project costs associated with the Olympic redevelopment project located in the Downtown Connection TIF District, as shown in Exhibit E – TIF Budget – Eligible Project Costs. These costs include, but are not limited to design, engineering, construction management, professional services, paving and streetscape improvements, environmental remediation and demolition, and façade improvement costs for the Olympic 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 P853, Object 3072, Activity DTTI, Program No. DCTIF0015, CT ECOP853C257-01, Vendor No. VS0000082011, in an amount not to exceed $14,020,000; Fund 0044, Department ECO, Unit P853, Object 4510, Activity DTTI, Program No. DCTIF0015, CT ECOP853C257-02, Vendor No. VS0000082011, in an amount not to exceed $3,000,000; Fund 0044, Department ECO, Unit P853, Object 3072, Activity DTTI, Program No. DCTIF0015, CT ECOP853C257-03, Vendor No. VS0000082011, in an amount not to exceed $24,000,000; Fund 0044, Department ECO, Unit P853, Object 3016, Activity DTTI, Program No. DCTIF0015, CT ECOP853C257-04, Vendor No. VS0000082011, in an amount not to exceed $1,880,000; Fund 0044, Department ECO, Unit P853, Object 4111, Activity DTTI, Program No. DCTIF0015, CT ECOP853C257-05, Vendor No. VS0000082011, in an amount not to exceed $2,100,000;
COUNCIL CHAMBER
January 22, 2014 Section 3. (Continued) Fund 0044, Department ECO, Unit P853, Object 3018, Activity DTTI, Program No. DCTIF0015, CT ECOP853C257-06, Vendor No. VS0000082011, in an amount not to exceed $5,000,000; For a total not to exceed $50,000,000. Funds may be shifted among categories, except the Economic Development TIF Grant category, as long as the total TIF funding does not exceed $50,000,000. Section 4. That nothing in the resolution shall be construed to require the City to approve 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 Olympic 1401 Elm Associates, LLC shall automatically expire. Section 5. That the TIF Subsidy to be provided to Olympic 1401 Elm Associates, 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 (See 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: A.
Minimum private investment of $100,000,000 for the Project, including construction and construction related soft costs. The term “Invest” or “Investment” means the sum of all, construction costs (hard and soft) paid, payable or actually incurred by or on behalf of the Developer, 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.
COUNCIL CHAMBER
January 22, 2014 Section 6. (Continued) B.
Redevelopment of the Project shall include a minimum of 452,000 square feet: 1.
Minimum 25,000 square feet of retail/restaurant space.
2.
Minimum 387,000 square feet (approximately 400 residential units) of residential space, inclusive of resident storage space.
3.
Minimum 40,000 square feet of office space.
Square footage allocations may be modified, subject to the Office of Economic Development Director’s (“Director”) approval as long as a minimum of 452,000 square feet of building space has been redeveloped. C.
Renovation and maintenance of a public observation deck on the 50th floor of the building and an outdoor public plaza on a portion of the 9th floor (provided that Owner may establish appropriate hours, safety and other rules and regulations regarding public access to the observation deck and plaza, and provided that various portions of the 9th floor may include enclosed and outdoor areas reserved for Project residents, occupants and guests, in addition to the outdoor public plaza);
D.
Obtain building and/or demolition permits and start construction and/or demolition for the Project by August 31, 2014;
E.
Obtain and provide proof of project financing by August 31, 2014;
F.
Obtain a Certificate of Occupancy (CO) for the Project by December 31, 2016;
G.
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 December 31, 2016 and submit documentation to the Office of Economic Development (OED);
H.
Execute an Operating and Maintenance agreement for public infrastructure improvements associated with the project by December 31, 2016, for a period of 20 years;
I.
A minimum of 25% of the total net leasable square footage of commercial (non-residential) space with a minimum of at least 50% of ground floor space must be occupied prior to TIF payment;
COUNCIL CHAMBER
January 22, 2014 Section 6. (Continued) J.
K.
Affordable Housing Requirement: A minimum of 10% of the Project’s residential units must comply with the City’s Mixed Income Housing Guidelines for the City Center TIF District. 1.
Affordable units must be available for a 15 year period (from the date of CO);
2.
If the total number of affordable units available drops below 10%, a 90-day compliance period will be granted. If the noncompliance was not cured within the 90-day compliance period, the Owner shall be required to pay a Penalty Payment until the total number of affordable units provided meets or exceeds 10% of the Project’s total residential units. The Penalty Payment shall be an amount equal to two times the property’s median monthly rent for market rate units in the project multiplied by the number of Affordable Units required less the number of Affordable Units provided for the property, multiplied by the number of months each unit has been unavailable. (For example: An owner of a project that has 150 units, a median market rate of $1,000 and 5 of the 15 Affordable Units are not provided for 6 months each would pay an annual Penalty Payment equal to $60,000; 2 X $1,000 (median market rate) X 5 unavailable units) X 6 months = $60,000);
3.
Further, if the total number of affordable units available drops below 10% and remains below the 10% requirement longer than 6 consecutive months the contract may be terminated; and
4.
Submit semi-annual reports to the OED Staff (from the date of CO).
Prior to City Council consideration Design Review by an independent group of design, engineering, and/or planning professionals selected by the Dallas City Manager is required for all City Downtown Connection District projects. If a peer review group has not been established prior to TIF Board consideration, the CityDesign Studio shall review and provide recommendations on the Project’s design to be considered by the Downtown Connection TIF District Board of Directors. The Project’s design plans shall include: 1.
A site plan showing the location of parcel boundaries clearly differentiating publicly accessible space from private space;
COUNCIL CHAMBER
January 22, 2014 Section 6. (Continued) 2.
A pedestrian lighting plan for the public and private streets in the Project site using lighting acceptable to the City and spaced at approximately 75 feet unless otherwise required by the City’s Public Works and Transportation Department;
3.
A sidewalk plan for the project. Sidewalks with high anticipated levels of pedestrian traffic shall be designed to accommodate the traffic. The sidewalks shall have a minimum 7 foot walking zone and a minimum 3 foot landscaping and lighting zone, where possible. Landscaping and pedestrian lights shall be placed in the area closest to the back of curb for the length of the sidewalk. The plan shall show the location and type of all landscaping materials;
4.
Elevations for all sides of the building visible from the public right of way, focusing on the ground floor;
5.
Valet plan indicating where any vehicular drop off will be located;
6.
Signage plan for the building provided that Owner may modify or supplement any approved signage plan with a plan that has been approved by the City that meets zoning signage requirement for the building and the area.
L.
Construction of project improvements and building renovations shall be in general conformance with site plans approved by the Downtown Connection TIF Board of Directors, and Dallas City Council;
M.
The Project shall be managed by a management company acceptable to the Director, such approval shall not being unreasonably withheld or delayed;
N.
Owner shall submit to the Director a quarterly status report for ongoing work on the project, as well as public improvements. Such status reports will be due once every three months after the Council approval date; Owner shall make a good faith effort to (i) 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 (ii) achieve a goal of twenty-five percent (25%) certified M/WBE participation for total private improvement construction expenditures for the Project, and meet all reporting requirements for each;
O.
COUNCIL CHAMBER
January 22, 2014 Section 6. (Continued) P.
Market the apartments pursuant to an affirmative fair housing marketing plan approved by the City;and
Q.
If necessary, the project deadline can be extended twelve (12) months, subject to approval by the Director and Downtown Connection TIF District Board of Directors.
Section 7. That should Olympic 1401 Elm Associates, 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 $50,000,000. 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 Site/Landscape Plan
Exhibit B Building Materials
Exhibit C North and South Building Elevations
Exhibit D East and West Building Elevations
Exhibit E The Olympic Project (1401 Elm Street) – TIF Budget Description Redevelopment of Vacant/Underutilized Downtown Buildings Environmental Remediation and Demolition (includes costs of environmental site assessment costs)
Street/Utility Improvements (includes streetscape improvements) Façade Improvements Economic Development TIF Grant
Amount $14,020,000 $3,000,000 $24,000,000
(offsets portion of costs for stair park only)
$1,880,000
Architectural/Engineering
$2,100,000
TIF Funding Principal Maximum Interest on Principal Total TIF Funding for Project Shall Not Exceed
$45,000,000 $5,000,000 $50,000,000
The budget shown above outlines anticipated TIF reimbursements for the Olympic project. These reimbursements will be based on actual expenditures and may be shifted amongst budget line items, except the TIF Grant line item, as long as the total principal TIF funding does not exceed $45,000,000. Upon completion of the Olympic project, The Principal TIF Amount shall accrue at a fixed rate equal to the market rate on the date of City Council approval of a development agreement with the Olympic 1401 Elm Associates, LLC, for a 15-year payout level debt service and a "Baa" credit rating using the Municipal Market Data scale, as determined by the City with the assistance of its official financial advisor; The total amount of interest shall not exceed $5,000,000. 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.
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.
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.
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.
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.
Downtown Connection TIF District Reimbursement Queue As of September 2013
Reimbursement Priority1 1 2 3 4 5 6 7 8 9 10 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 Hall Lone Star Project - Phase II² 1914 Commerce Street 1954 Commerce Street 1401 Elm Street PetroCorrigan Project 500 S. Ervay LTV Tower Project
Priority Date 5/30/2010 5/30/2010 5/30/2010 10/26/2010 1/19/2011 6/20/2011 8/10/2011 9/16/2011 5/21/2013 8/22/2013 TBD TBD TBD TBD TBD TBD
Construction Status Completed Completed Completed Completed Under Construction Completed Under Construction Under Construction Approved Approved Under Construction Under Construction Approved Under Construction Approved Approved
Primary TIF Reimbursement $2,500,000 $852,764 $4,296,264 $8,830,000 $20,658,500 $3,250,000 $3,194,409 $13,305,700 $11,750,000 $5,000,000 $13,168,950 $3,020,350 $30,000,000 $10,300,000 $5,000,000 $17,500,000
Maximum Total Eligible TIF Project Generated Reimbursement Increment Only4 Interest Reimbursement Status $0 $2,500,000 Yes To Be Paid $2,000,000 $2,852,764 No To Be Paid $0 $4,296,264 No To Be Paid $4,040,200 $12,870,200 No N/A $0 $20,658,500 No N/A $3,000,000 $6,250,000 No N/A $0 $3,194,409 No N/A $4,222,588 $17,528,288 No N/A $5,000,000 $16,750,000 No N/A $0 $5,000,000 No N/A $0 $13,168,950 No N/A $0 $3,020,350 No N/A $0 $30,000,000 No N/A $0 $10,300,000 No N/A $0 $5,000,000 No N/A $0 $17,500,000 No N/A $170,889,725
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 $2.5M 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
January 22, 2014 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on June 8, 2005, the 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, the 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 November 18, 2013, the Downtown Connection TIF District Board of Directors reviewed and recommended approval of a development agreement with Olympic 1401 Elm Associates, LLC, for TIF funding for the Olympic project in an amount not to exceed $50,000,000, $45,000,000 base amount ($1,880,000 is in the form of an Economic Development TIF Grant), plus up to $5,000,00 in interest to reimburse TIF-eligible project costs; and WHEREAS, on January 6, 2013, the Economic Development Committee was briefed and recommended approval of TIF funding for Olympic 1401 Elm Associates, LLC, for the Olympic redevelopment project in an amount not to exceed $50,000,000; 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 1401 Elm Street 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
January 22, 2014 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 improvements, infrastructure improvements, for the Olympic redevelopment project in Reinvestment Zone Number Eleven (Downtown Connection TIF District)
Debt To Be Issued Not to exceed $50,000,000, $45,000,000 base amount ($1,880,000 is in the form of an Economic Development TIF Grant), plus up to $5,000,000 in interest, as provided by the Project Plan and Reinvestment Zone Financing Plan.
Section 3. That the total Downtown Connection TIF District participation in the Olympic redevelopment project shall not exceed an amount of $50,000,000 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 Olympic 1401 Elm Associates, 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 # 46 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
2
DEPARTMENT:
Office of Economic Development
CMO:
Ryan S. Evans, 671-9837
MAPSCO:
45 U ________________________________________________________________
SUBJECT Authorize a 90 percent real property tax abatement agreement for 10 years with Cherokee Lamar Associates LLC (Cherokee) located on 3.9 acres within Reinvestment Zone Number Four located at 1210 South Lamar in Dallas pursuant to the Cityâ&#x20AC;&#x2122;s Public/Private Partnership Program - Revenue: First year revenue estimated at $21,543; ten-year revenue estimated at $215,433 (Estimated revenue foregone for ten-year real property tax abatement estimated at $1,938,897) BACKGROUND For the past several months, city staff has been in discussions with Cherokee Lamar Associates LLC (Cherokee Lamar), an affiliate of Matthews Holdings Southwest, Inc. regarding the potential development of a multi-family project consisting of approximately 280 residential units (245,000 square feet), ground floor retail (5,000 square feet) as well as a new 400+ stall parking garage located at 1210 South Lamar. Cherokee Lamar anticipates investing a total of $28,739,000 on hard construction costs with the project. The company plans to begin work in the second quarter of 2014 and completing the project in two years. In order to develop this project, Cherokee Lamar requests Council consideration of a 90 percent real property tax abatement for ten-years on the added tax value resulting from the improvements. The tax abatement will allow the project to move forward as it will ensure that the minimum return threshold for third party equity is achieved. The project address is within the Cedars Tax Increment Finance (TIF) District. A tax abatement is sought for the project as opposed to support from the Cedars TIF District because the Cedars TIF District is set to expire in 2022. Given that substantial completion of the project will occur in approximately two years, the potential financial assistance from the Cedars TIF District was insufficient to achieve required returns.
BACKGROUND (Continued) The proposed tax abatement will not negatively impact the anticipated reimbursement schedule for other projects within the Cedars TIF District. Pursuant to Chapter 311 of the Texas Tax Code, the abatement requires the approval of the Cedars TIF Board of Directors and City Council. The Cedars TIF Board recommended approval of the proposed tax abatement in December 2013. Further, as with any TIF district project, the project’s design was evaluated by the City Design Studio and the Peer Review process. In consideration of the incentives proposed, Cherokee Lamar will be required to: (1) invest a minimum of $27,000,000 in real property improvements and other related project costs such as design, engineering, architects, legal, financing fees, etc.; (2) construct the development in a manner that is substantially compliant with the City Design Studio’s Peer Review recommendations as determined by the City Design Studio staff; and, (3) substantially complete the project by December 31, 2016. Staff recommends approval of the proposed incentives. This project is non-conforming to the City’s Public/Private Partnership Program as it is residential in nature. ESTIMATED SCHEDULE OF THE PROJECT Begin Construction Substantial Completion
April 2014 June 2016
PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item was briefed to the Economic Development Committee on January 6, 2013. The item was approved by the Cedars TIF Board on December 9, 2013. FISCAL INFORMATION No cost consideration to the City OWNER Cherokee Lamar Associates LLC Kristian Teleki, Senior Vice President MAP Attached.
Agenda Date 01/22/2014 - page 2
Cherokee Lamar Partners LLC Disclaimer: This product is for informational purposes and 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.
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DALLAS ECONOMIC DEVELOPMENT Research & Information Division 214.670.1685 dallas-ecodev.org Created 12.18.2013 - 13-12-17 Chris O'Brien.TCG
0.025
Legend Freeway Rail Station DART Light Rail Source: City of Dallas, 2013
Arterial Local Road
0.05
Miles 0.1
COUNCIL CHAMBER
January 22, 2014 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on June 13, 2012, the City Council elected to continue its participation in tax abatement and established appropriate Public/Private Partnership Program Guidelines and Criteria governing tax abatement agreements to be entered into by the City as required by the Property Redevelopment and Tax Abatement Act, as amended, V.T.C.A. Tax Code, Chapter 312 (the "Act") by Resolution No. 12-1520; and WHEREAS, the City desires to enter into a real property tax abatement agreement with Cherokee Lamar Associates LLC for added value to real property located within Reinvestment Zone Number Four pursuant to the Cityâ&#x20AC;&#x2122;s Public/Private Program Guidelines. 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 execute a real property tax abatement agreement with Cherokee Lamar Associates LLC for added value to the real property in accordance with the Act and the City's Public/Private Partnership Guidelines and Criteria. Section 2. That the real property which will be described in the tax abatement agreement, attached hereto as Exhibit A (Metes and Bounds) and depicted on the attached site map as Exhibit B (Map - the "Property"), is located within a Reinvestment Zone. Section 3. That the tax abatement agreement shall provide, among other provisions, the following: (a)
The Property subject to tax abatement shall be located entirely within a Reinvestment Zone within the City of Dallas, Texas.
(b)
None of the Property subject to tax abatement is owned or leased by a member of the City Council of the City of Dallas or by a member of the City Plan Commission.
(c)
That the development of the Property will conform to all requirements of the City's zoning ordinance, and that the use of the Property is consistent with the general purpose of encouraging development or redevelopment in the reinvestment zone during the period the tax abatement is in effect.
COUNCIL CHAMBER
January 22, 2014 Section 3 (Continued) (d)
The City will provide Cherokee Lamar Associates LLC a 90 percent abatement of the added value to the real property for a period of ten years for real property located within a Reinvestment Zone as provided in Exhibit A (Metes and Bounds). The tax abatement will commence on or before January 1, 2016.
(e)
That the proposed improvements of approximately $27,000,000 will include real property improvements, design, engineering, architects, legal fees and other related project costs and be substantially completed by December 31, 2016. The Director of the Office of Economic Development may, at his sole discretion, extend the substantial completion date for a period up to six months for just cause.
(f)
That a proportionate percentage of the property tax revenue lost as a result of the tax abatement agreement will be recaptured by the City if improvements to real property are not made as provided by the tax abatement agreement.
(g)
A description of the kind, number, location and costs of all proposed improvements to the Property will be provided to the Office of Economic Development.
(h)
That access to the Property will be provided to allow for the inspection by City inspectors and officials to ensure that the improvements or repairs are made according to the specification and terms of the tax abatement agreement.
(i)
A requirement that the owner of the Property certify annually to each taxing unit providing tax abatement that the owner is in compliance with each applicable term of the agreement.
(j)
That the Dallas City Council may terminate or modify the agreement if the property owner fails to comply with the agreement.
(k)
That the tax abatement agreement shall be personal to Cherokee Lamar Associates LLC and shall only be assignable upon written approval of the assignment by the City's Director of the Office of Economic Development.
COUNCIL CHAMBER
January 22, 2014 Section 4. Cherokee Lamar Associates LLC shall construct the development in a manner that is substantially compliant with the City Design Studioâ&#x20AC;&#x2122;s peer review suggestions as determined by the City Design Studio staff. Section 5. That this resolution 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.
I
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Exhibit B: Cherokee Lamar Partners LLC Disclaimer: This product is for informational purposes and 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.
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Cherokee Lamar Partners LLC 1210 S. Lamar St. Dallas, TX 75215
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DALLAS ECONOMIC DEVELOPMENT Research & Information Division 214.670.1685 dallas-ecodev.org Created 12.18.2013 - 13-12-17 Chris O'Brien.TCG
0.025
Legend Freeway Rail Station DART Light Rail Source: City of Dallas, 2013
Arterial Local Road
0.05
Miles 0.1
AGENDA ITEM # 47 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
6
DEPARTMENT:
Office of Economic Development
CMO:
Ryan S. Evans, 671-9837
MAPSCO:
42 D ________________________________________________________________
SUBJECT Authorize a 75 percent real property tax abatement agreement for 8 years with First Industrial Texas L.P., a Delaware limited Partnership wholly owned by the publically traded parent, First Industrial Realty Trust, Inc., for the development of a two-building speculative warehouse development consisting of approximately 598,138 square feet located on approximately 49 acres within an Enterprise Zone near the intersection of Cockrell Hill Road and West Davis Street in Dallas pursuant to the City’s Public/Private Partnership Program - Revenue: First year revenue estimated at $39,895; eight-year revenue estimated at $319,160 (Estimated revenue foregone for eight-year real property tax abatement estimated at $957,480) BACKGROUND For the past several months, City staff has been in discussions with First Industrial Realty Trust, Inc. (First Industrial) regarding a potential two-building distribution development to be located on land north of the intersection of Cockrell Hill Road and West Davis Street within Pinnacle Park south of IH-30. The proposed facilities would total approximately 598,138 s.f. and be owned by an affiliated entity, First Industrial Texas L.P. In order to develop this project, First Industrial requests council consideration of a 75 percent real property tax abatement for 8-years on added tax value resulting from the improvements to help offset costs associated with the property’ s topography. The developer’s plans call for Building A to be an approximately 376,424 s.f. cross-dock warehouse, and Building B to be an approximately 221,714 s.f. front load building. First Industrial anticipates investing approximately $20 million on construction and related project costs for both facilities combined. The buildings are planned to be developed concurrently with construction commencing in March 2014 and completion desired in December 2014.
BACKGROUND (Continued) The city has worked with First Industrial for over a decade in an effort to facilitate this development. In September of the year 2000, the City Council approved a real property tax abatement of 90 percent for 10-years to assist the project. Even with the approved incentives, market conditions did not justify developing the property due to costs associated with leveling the site for development. Since the original project did not proceed, First Industrial did not receive the previously approved incentive. With the currently proposed tax abatement, the developer believes anticipated occupancy costs for tenants justify moving forward with the project. In consideration of the proposed tax abatements, First Industrial will be required to (1.) invest a minimum of $18,000,000 in real property improvements and other related project costs such as design, engineering, architects, etc., and, (2.) substantially complete both building shells by June 30, 2015. Staff estimates that each building may eventually contain equipment and inventory of approximately $25 million to $35 million and house 50 to 150 jobs. The forgone revenue associated with the proposed abatement is $957,480. The 10-year net fiscal impact of this project is estimated at $471,311 and staff recommends favorable consideration of the proposed incentives. Since its inception in 1994, First Industrial has developed over 38 million square feet of industrial buildings at a cost of over $1.7 billion. The company currently has 1.8 million s.f. of industrial buildings under construction in the U.S. at an estimated project cost of approximately $129 million (excluding the proposed buildings in this item). Within the D/FW metropolitan area, the company owns fifty-seven buildings totaling 5,094,961 s.f. and has six buildings within the City of Dallas totaling 687,237 square feet. ESTIMATED SCHEDULE OF THE PROJECT Begin Construction Substantial Completion
March 2014 December 2014
PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item was briefed to the Economic Development Committee on January 6, 2014. FISCAL INFORMATION No cost consideration to the City
Agenda Date 01/22/2014 - page 2
OWNER First Industrial Texas L.P. Royal Pratt, Regional Director MAP Attached.
Agenda Date 01/22/2014 - page 3
First Pinnacle Logistics Center Disclaimer: This product is for informational purposes and 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.
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First Pinnacle Logistics Center N. Cockrell Hill Rd. Dallas, TX 75211
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DALLAS ECONOMIC DEVELOPMENT Research & Information Division 214.670.1685 dallas-ecodev.org Created 12.19.2013 - 13-12-19 Chris O'Brien.TCG
E AL SD RK A B
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Local Road
Source: City of Dallas, 2013
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COUNCIL CHAMBER
January 22, 2014 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on June 13, 2012, City Council elected to continue its participation in tax abatement and the Public/Private Partnership Program Guidelines and Criteria governing tax abatement agreements to be entered by the City as required by the Property Redevelopment and Tax Abatement Act, as amended, V.T.C.A. Tax Code, Chapter 312 (the "Act") by Resolution No. 12-1520 as amended; and WHEREAS, the City desires to enter into a real property tax abatement agreement with First Industrial Texas L.P. for added value to real property located near the intersection of Cockrell Hill Road and West Davis Street within a Texas Enterprise Zone. 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 execute a real property tax abatement agreement with First Industrial Texas L.P. for added value to the real property in accordance with the Act and the City's Public/Private Partnership Guidelines and Criteria. Section 2. That the approval and execution of the tax abatement agreement by the City is not conditional upon approval and execution of any other tax abatement agreement by any other taxing entity. Section 3. That the real property which will be described in the tax abatement agreement, attached hereto as Exhibit A (Metes and Bounds) and depicted on the attached site map as Exhibit B (Map - the "Property"), is located within an Enterprise Zone. Section 4. That the tax abatement agreement shall provide, among other provisions, the following: (a)
The Property subject to tax abatement shall be located entirely within an Enterprise Zone, City of Dallas, Texas.
(b)
None of the Property subject to tax abatement is owned or leased by a member of the City Council of the City of Dallas or by a member of the City Plan Commission.
COUNCIL CHAMBER
January 22, 2014 Section 4. (Continued) (c)
That the development of the Property will conform to all requirements of the City's zoning ordinance, and that the use of the Property is consistent with the general purpose of encouraging development or redevelopment in the reinvestment zone during the period the tax abatement is in effect.
(d)
The City will provide First Industrial Texas L.P. a 75 percent abatement of the added value to the real property associated with the development for a period of eight years for real property located within an Enterprise Zone as provided in Exhibit A (Metes and Bounds). The tax abatement will commence on or before January 1, 2016.
(e)
That the $18,000,000 in proposed real property improvements will be substantially completed by June 30, 2015. The Director of the Office of Economic Development may, at his sole discretion, extend the substantial completion date for a period up to six months for just cause.
(f)
That the property tax revenue forgone as a result of the tax abatement agreement will be recaptured by the City if improvements to real property are not made as provided by the tax abatement agreement.
(g)
A description of the kind, number, location and costs of all proposed improvements to the Property will be provided to the Office of Economic Development.
(h)
That access to the Property will be provided to allow for the inspection by City inspectors and officials to ensure that the improvements or repairs are made according to the specification and terms of the tax abatement agreement.
(i)
A requirement that the owner of the Property certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement.
(j)
That the Dallas City Council may terminate or modify the agreement if the property owner fails to comply with the agreement.
(k)
That the tax abatement agreement shall be personal to First Industrial Texas L.P. and shall only be assignable upon written approval of the assignment by the City's Director of the Office of Economic Development.
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.
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DALLAS ECONOMIC DEVELOPMENT Research & Information Division 214.670.1685 dallas-ecodev.org Created 12.19.2013 - 13-12-19 Chris O'Brien.TCG
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AGENDA ITEM # 48 KEY FOCUS AREA:
Economic Vibrancy
AGENDA DATE:
January 22, 2014
COUNCIL DISTRICT(S):
2
DEPARTMENT:
Sustainable Development and Construction
CMO:
Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195
MAPSCO:
34 Y
SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for single-family detached dwellings on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Hawthorne Avenue between Production Drive and Afton Street Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions Z123-135(WE)
HONORABLE MAYOR & CITY COUNCIL
WEDESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell
FILE NUMBER:
Z123-135(WE)
DATE FILED: November 13, 2012
LOCATION:
Northwest line of Hawthorne Avenue between Production Dr. and Afton Street
COUNCIL DISTRICT:
2
MAPSCO:
SIZE OF REQUEST:
Approx. 5.509 acres
CENSUS TRACT: 4.01
34-Y
APPLICANT / OWNER:
Texas Intownhomes, LLC.
REPRESENTATIVE:
Robert Baldwin
REQUEST:
An application for a Planned Development Subdistrict for single-family detached dwellings on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District.
SUMMARY:
The purpose of this request is to allow for the construction of a single family development and a community service center. The maximum number of single family dwellings proposed is 118.
CPC RECOMMENDATION:
Approval, subject to a conceptual plan and conditions
STAFF RECOMMENDATION:
Approval, subject to a conceptual plan and conditions
1
Z123-135(WE)
GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – The request site is currently zoned for MF-2 Multiple Family Subdistrict uses and could be developed with multiple family uses, however, due to certain limitations to the MF-2 development standards, the applicant requested a Planned Development Subdistrict to develop the site. The proposed 118 single family development is compatible with the surrounding development. 2. Traffic impact – The Engineering Section of the Department Sustainable development and Construction has reviewed the request an determined that it will not impact the surrounding street system for the proposed development. 3. Comprehensive Plan or Area Plan Conformance The proposed request is in compliance with the forwardDallas! Comprehensive Plan. 4. Justification for PD Planned Development District Zoning as opposed to a straight zoning district – The proposed Planned Development Subdistrict is justified because the existing MF-2 Multiple Family Subdistrict prohibits certain development rights and standards the applicant is proposing in the single family development. BACKGROUND INFORMATION: •
The request for a Planned Development Subdistrict is to construct a 118-single family detached development is twofold: 1) increase the structure height from 36 feet to 58 feet and 2) modify the yard, space and yard regulations in an MF-2(A) Subdistrict. The MF-2 Subdistrict development standards are more restrictive than wants is proposed by the applicant to construct the single family development.
•
The Medical District Tax Increment Finance District has reached an agreement with the applicant to receive funds for the site’s redevelopment. As part of the agreement, the developer has agreed to allocate approximately 20 percent of the units as affordable units.
•
On October 25, 2013, the Peer Review Panel will review and comment on the applicant’s proposed plan. The Peer Review Panel consists of a Panel from the Design Team. The Review Panel is the first of two review committees that will consider the applicant applicant’s request to receive TIF funding. The applicant will have to receive final approval from TIF Board and City Council to receive the funds for the proposed development.
•
The surrounding land uses consist of single family uses to the northeast and an elementary school (PDS No. 28) to the southeast, which is across Hawthorne Avenue. A flood plain borders the request site’s northwestern and southwestern 2
Z123-135(WE)
boundaries that separate the industrial and commercial type uses that are on Macatee Drive and Production Drive, respectively. Zoning History: There have been two recent Board of Adjustment cases requested in the area. 1.
BDA101-011
On May 17, 2011, the Board of Adjustment Panel A granted a variance of 15 feet to the front yard setback regulations at 2201 kings Road.
2.
BDA101-040
On May 17, 2011, the Board of Adjustment Panel A granted a variance of 15 feet to the front yard setback regulations at 4701 Bengal Street.
Thoroughfares/Streets: Thoroughfare/Street
Hawthorne Avenue
Type
Existing ROW
Proposed ROW
Local Street
50 ft.
50 ft.
Land Use:
Site Northeast Southeast Northwest Southwest
Zoning MF-2 w/in PDD No. 193 MF-2 w/in PDD No. 193 PDS No. 28 w/in PDD No. 193 IR IR
Land Use Undeveloped Single Family Elementary School Industrial Industrial, Warehouses
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 Plan identifies the request site being within the Urban Mixed Use Building Block. The Urban Mixed-Use 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 3
Z123-135(WE)
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 appealing streetscape. Large parking areas and other auto-oriented land uses are typically located at the edges. LAND USE: GOAL 1.2
PROMOTE DESIRED DEVELOPMENT
Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. GOAL 3.1 SUPPLY
ENSURE A SUSTAINABLE AND EFFICIENT LONG-RANGE HOUSING
Policy 3.1.2 Encourage alternatives to single-family housing developments for homeownership. URBAN DESIGN GOAL 5.1
PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY
Policy 5.1.1 Promote pedestrian-friendly streetscapes. Area Plans: The Oak Lawn Special Purpose District and the Oak Lawn Plan include the following objectives: (1)
To achieve buildings more urban in form.
(2) To promote and protect an attractive street level pedestrian environment with continuous street frontage activities in retail areas. (3) To encourage the placement of off-street parking underground or within buildings similar in appearance to non-parking buildings. (4) To promote development appropriate to the character of nearby neighborhood uses by imposing standards sensitive to scale and adjacency issues. (5) To use existing zoned development densities as a base from which to plan, while providing bonuses to encourage residential development in commercial areas. (6) To discourage variances or zoning changes which would erode the quantity or quality of single-family neighborhoods, or would fail to adhere to the standards for multiple-family neighborhoods and commercial areas. 4
Z123-135(WE)
(7)
To promote landscape/streetscape quality and appearance.
The applicant’s request for a PDS for a single family development meets objectives 1, 4, 6 and 7. The request does not meet the remaining objectives, 2, 3, and 5 because the proposed development will not have a retail component nor is located in a commercial area. The proposed single family development will only provide the appropriate offstreet parking requirements necessary to service the development. STAFF ANALYSIS: Land Use Compatibility: The 5.509 acre site is undeveloped and is adjacent to a floodplain which flows along the request site’s northwestern and southwestern property lines. The surrounding land uses consist of primarily residential uses, however there is an elementary school that is southeast of the site, across Hawthorne Avenue and industrial type uses (e.g., warehouse uses) to the southwest, across Production Drive. The applicant’s request for a Planned Development Subdistrict for single detached dwellings will permit the construction of a 110-single family shared access development. The applicant has requested several modifications to the MF-2 Subdistrict’s development standards and regulations to allow for the proposed single family development to be developed. These modifications refer primarily to the yard, lot and space regulations, and parking regulations. The MF-2 Subdistrict development standards are more restrictive than is proposed by the applicant to construct the single family development. The MF-2 Subdistrict permits a front yard setback of 20 feet, a side yard setback of 10 feet and a rear yard setback of 15 feet. The proposed development will allow for zero yard setbacks. In addition, the City Council approved a similar development in the Farmer’s Market area that is being proposed on the request site. In addition, the applicant and the Medical District Tax Increment Finance District have reached an agreement to allocate approximately 20 percent of the units as affordable units. Also, the Medical District Tax Increment Finance will provide some financial funding for the site’s redevelopment. On October 25, 2013, the Peer Review Panel, which consists of the Design Team, will review and comment on the applicant’s proposed plan. The Review Panel is the first of two review committees that will consider the applicant’s request to receive TIF funding. The applicant will have to receive final approval from TIF Board and City Council to receive the funds for the proposed development. Staff’s recommendation is for approval, subject to a conceptual plan and staff’s recommended conditions.
5
Z123-135(WE)
Development Standards: SETBACKS
DISTRICT
Front
MF-2 – existing Multiple Family
PDS for single family proposed
Side/Rear
15’
10/15’
0’
0’/0’
Density Min lot 2,000 sq. ft. 800 sq ft – E 1,000 sq. ft – 1 BR 1,200 sq ft – 2 BR +150 sq ft each add BR Min lot 2,000 sq. ft. 800 sq ft – E 1,000 sq. ft – 1 BR 1,200 sq ft – 2 BR +150 sq ft each add BR
Height
Lot Coverage
Special Standards
36’
60%
Multifamily, duplex, single family
58’
90%
Multifamily, duplex, single family
PRIMARY Uses
Landscaping: Landscaping of any development will be in accordance with Part I landscaping requirements in PDD No. 193. Traffic: The Engineering Section of the Department Sustainable Development and Construction has reviewed the request and determined that it will not impact the surrounding street system for the proposed development. Miscellaneous – Conditions: Staff has reviewed supports the applicant Planned Development conditions. However, there are some provisions in the conditions that are not supported by staff and will be reflected in the appropriate sections. As of November 21, 2013, staff has not received any revisions to the PDS conditions or conceptual plan that may reflect the Peer Review Team’s comments. The Peer Review Team reviewed the applicant’s project on October 25, 2013. CPC Action (August 8, 2013) Motion: In considering an application for a Planned Development Subdistrict for single detached dwellings on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Hawthorne Avenue between Production Drive and Afton Street, it was moved to hold this case under advisement until September 26, 2013. Maker: Wally Second: Culbreath Result: Carried: 14 to 0 For:
Against: Absent: Vacancy:
14 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar 0 0 1 - District 10 6
Z123-135(WE)
Notices: Replies:
Area: For:
Speakers:
500 3
Mailed: 76 Against: 0
None
CPC Action (September 26, 2013) Motion: In considering an application for a Planned Development Subdistrict for single detached dwellings on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Hawthorne Avenue; between Production Drive and Afton Street, it was moved to hold this case under advisement until October 24, 2013. Maker: Wally Second: Tarpley Result: Carried: 14 to 0 For:
14 - Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar
Against: Absent: Vacancy: Notices: Replies: Speakers:
Area: For:
0 1 - Davis 0 500 4
Mailed: 76 Against: 0
None
CPC Action (October 24, 2013) Motion: In considering an application for a Planned Development Subdistrict for single detached dwellings on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Hawthorne Avenue between Production Drive and Afton Street; it was moved to hold this case under advisement until November 7, 2013. Maker: Soto Second: Ridley Result: Carried: 12 to 0
7
Z123-135(WE)
For:
12 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene*, Peadon, Murphy, Ridley
Against: Absent: Vacancy:
0 3 - Culbreath, Bernbaum, Alcantar 0
*out of the room, shown voting in favor Notices: Replies:
Area: For:
Speakers: 75226
500 4
Mailed: 76 Against: 0
For (Did not speak): Robert Baldwin, 3904 Elm St., Dallas, TX, Against: None
CPC Action (November 7, 2013) Motion: In considering an application for a Planned Development Subdistrict for single detached dwellings on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Hawthorne Avenue between Production Drive and Afton Street; it was moved to hold this case under advisement until December 5, 2013. Maker: Soto Second: Tarpley Result: Carried: 14 to 0 For:
14 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar
Against: Absent: Vacancy: Notices: Replies: Speakers:
Area: For:
0 1 - Culbreath 0 500 4
Mailed: 76 Against: 0
None
8
Z123-135(WE)
CPC Action (December 5, 2013) Motion: It was moved to recommend approval of a Planned Development Subdistrict for single detached dwellings, subject to a revised conceptual plan and revised conditions on property zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest line of Hawthorne Avenue, between Production Drive and Afton Street. Maker: Soto Second: Shellene Result: Carried: 12 to 0 For:
12 - Soto, Rodgers, Shidid, Hinojosa, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar
Against: Absent: Vacancy: Notices: Replies: Speakers:
Area: For:
0 3 - Anglin, Culbreath, Bagley 0 500 4
Mailed: 76 Against: 0
None
9
Z123-135(WE)
LIST OF OFFICERS Texas in Townhomes, LLC
•
Frank M. K. Liu,
President
•
Ming Liu,
Vice-President
•
Helen Ghozali,
Vice-President
10
Z123-135(WE)
CPC PROPOSED PDS CONDITIONS SEC. S-__.101.
LEGISLATIVE HISTORY.
PD Subdistrict ____ was established by Ordinance No. ______, passed by the Dallas City Council on _______. SEC. S-___.102.
PROPERTY LOCATION AND SIZE.
PD Subdistrict ___ is established on property generally located on the northeast corner of the intersection of Hawthorne Street and Production Drive. The size of PD Subdistrict ____ is approximately 5.509 acres. SEC. S-___.103.
PURPOSE.
The general objectives of these standards are to promote and protect the health, safety, welfare, convenience, and enjoyment of the public, and, in part, to achieve the following: (1) To achieve buildings more urban in form. (2) To promote and protect an attractive street level pedestrian environment by encouraging the development of residential structures in an urban context. (3) To encourage a mix in the design of residential structures. (4) To promote landscape/streetscape quality and appearance. (5) To provide visual buffering and enhance the beautification of the city. (6) To safeguard and enhance property values and to protect public and private investment. (7) To conserve energy. SEC. S-___.104.
DEFINITIONS AND INTERPRETATIONS.
(a) Unless otherwise stated, the definitions and interpretations in Chapter 51 and Part 1 of this article apply to this division. If there is a conflict, this division controls. If there is a conflict between Chapter 51 and Part 1 of this article, Part 1 of this article controls. In this division, (1) COLORED CONCRETE means concrete with one or more pigments added to it. (2)
SUBDISTRICT means a subdistrict of PD 193.
(3)
TYPE A UNITS means a unit that has a two car garage. 11
Z123-135(WE)
(4)
TYPE B UNITS means a unit that has a one car garage.
(b) Unless otherwise state, all references to articles, divisions, or sections in this division are articles, divisions or sections in Chapter 51. (c)
This subdistrict is considered to be a residential zoning district.
SEC. S-___.105.
EXHIBIT.
The following exhibit is incorporated into this division: Exhibit S-__A: conceptual plan. SEC. S-___..106.
CONCEPTUAL PLAN
Development and use of the Property must comply with the conceptual plan (Exhibit S- __). If there is a conflict between the text of this division and the conceptual plan, the text of this division controls. SEC. S-___.107.
DEVELOPMENT PLAN
(a) Except as provided in this section, a development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this subdistrict. If there is a conflict between the text of this division and the development plan, the text of this division controls. (b) For property developed as a Residential Development Tract, a final plat may serve as a development plan. SEC. S-___.108.
HOMEOWNERS ASSOCIATION.
Prior to final plat approval, the owner of the Property must execute an instrument creating a homeownerâ&#x20AC;&#x2122;s association for the maintenance of common areas, screening walls, landscape areas (including right-of-way landscaping areas), and for other functions. This instrument must be approved as to form by the city attorney and filed in the Dallas County deed records. SEC. S-___.110. (a)
MAIN USES PERMITTED.
The following uses are the only main uses permitted in this subdistrict: -
Accessory community center (private).
-
Handicapped group dwelling unit.
-
Local utilities.
-
Single-family.
-
Temporary construction or sales office.
12
Z123-135(WE)
SEC. S-___.111.
ACCESSORY USES.
(a) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51P-193.108. For more information regarding accessory uses, consult Section 51P-193.108. SEC. S-___.112.
YARD, LOT, AND SPACE REGULATIONS.
(Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Part 1 of this article. In the event of a conflict between this section and Part 1 of this article, this section controls.) (a)
Single-family uses. (1)
Front yard. No minimum front yard.
(2)
Side and rear yard. No minimum side or rear yard.
(3)
Density. The maximum dwelling unit density is 118 units. (a) At least 80% of the total units must be Type A units. (b) no more than 20% of the total units can be Type B units.
(4) Height. Maximum structure height is 58 feet to the midpoint of the roof. Rooftop projections, trellis projections and other architectural features may exceed the height by 12 feet. (5) Projections. Windows, sills, belt courses, cornices, or other architectural features may project no more than 12 inches into the right-of-way with a City of Dallas license for use of the public right-of-way. Cantilevered roof eaves, steps, stoops and balconies may project no more than three feet in the right-of-way with a City of Dallas license for use of the public right-of-way. (6) Lot coverage. Maximum lot coverage is 90 percent. For purposes of lot coverage, the entire property [subject to these regulations] will be treated as a single lot. (7)
Lot size: No minimum lot size.
(8)
Stories. No maximum stories.
(9) Plat requirements. In this subdistrict, a minimum of 10 feet must be provided by plat between each group of no more than eight single family structures. (10) Platted lots. Each dwelling unit must be located on a separate lot. Platted lots may have frontage on two opposite sides. SEC. S-___.113.
OFF-STREET PARKING AND LOADING.
(a) In general. Except as provided in this section, consult Part 1 of this article for the specific off-street parking and loading requirements for each use.
13
Z123-135(WE)
(b)
Parking for Single-family Residential Uses. (1) Type A Units: Two off-street parking spaces are required per unit. (2) Type B Units: One off-street parking space is required per unit.
(c) Guest Parking. A total of .25 parking spaces are required and these spaces may cross lot lines and may be located in the public right-of-way. (d) Parking Space Dimensions. Except for on-street parallel parking spaces along Bengal Drive and Hawthorne Avenue, off-street parking spaces must be a minimum of 18 feet long by eight feet wide. (e) There is no parking requirement for accessory uses, such as a sales office, accessory community center (private) or fitness center, provided the accessory use is principally for the residents. (f) Accessory community center (private). Off-street parking is not required for an accessory community center (private) use. SEC. S-___.114.
RESIDENTIAL DEVELOPMENT TRACT PAVEMENT WIDTHS.
(a)
The access drives must be provided as shown on the conceptual plan.
(b)
Single-family lots may front on access drives.
(c) The residential development access area must have a minimum width of 20 feet, and a minimum pavement width of 20 feet. Pavement widths are measured perpendicularly from the edge of the pavement to the opposite edge of the pavement. (d) Minimum visibility triangles are required at all driveways and intersections with public streets. At all driveways and intersections, visibility triangles must be 10 feet by 10-feet for driveways and 20 feet by 20-feet at street intersections. SEC. S-___.115.
PARAPET WALL.
Parapet walls are required. A four-foot tall opaque parapet wall is required on all dwelling units facing the eastern property line. SEC. S-___.116.
ENVIRONMENTAL PERFORMANCE STANDARDS.
See Article VI. SEC. S-___.117.
LANDSCAPING.
(a) In general. Except as provided in this section, landscaping and screening must be provided in accordance with Part 1 of this article. (b) Street trees. Street trees must be planted at one tree for each 30 linear feet of frontage along the perimeter of the property, exclusive of the visibility triangles and points of ingress and egress.
14
Z123-135(WE)
(1)
A minimum of four caliper inches must be planted.
(2) Tree branches must not hang lower than 13.5 feet above the street or sidewalk pavement. (3) On Hawthorne Avenue, all street trees must be planted within a four (4) foot-wide planting area that is adjacent to the curb. (4) Any shrubs provided must be at least 18 inches in height and may be planted in a planter or a metal or concrete pot. (5) Trees, shrubs, water features, benches, mailboxes and other amenities may be provided in open space easements provided by plat. (c)
Sidewalks. (1)
A minimum sidewalk width of 5 feet must be provide along Hawthorne
Avenue. (2) A minimum sidewalk width of 10 feet, with 7.5 feet unobstructed by any structure or planting, must be provided along Bengal Street. (3) Sidewalks elsewhere in the interior of the subdistrict are allowed but not required. Interior sidewalks must be a minimum of three feet wide. (4)
Sidewalks can be constructed with concrete, colored concrete or
pavers. (5) Sidewalks can be located within Floodway Management Areas, provided that permeable materials are used. (d) condition.
Maintenance. Plant material must be maintained in a healthy, growing
SEC. S-___.118.
URBAN DESIGN CONSIDERATIONS.
(a) Building materials. A minimum of 40 percent of total building facade area, excluding openings, must incorporate stone, brick or a combination of those materials. Hardi-board may be used on all facades. (b) Drive-through porte-cocheres. Drive-through porte-cocheres must have a minimum height of 18 feet and may be located across shared drives. (c)
Outdoor lighting.
(1) Along Bengal Street and Hawthorne Avenue, light poles must be located a minimum of 50 feet and a maximum of 100 feet on center with a minimum of one foot-candle at the mid-point between fixtures. (2) Outdoor light sources must be indirect, diffused, or shielded-type fixtures, installed to reduce glare and the consequent interference with boundary streets. Bare bulbs or strings of lamps are prohibited. 15
Z123-135(WE)
(3) Fixtures must be attached to buildings or mounted on permanent poles at a maximum height of 20 feet. (4) Fixtures may be located within the public right-of-way with a City of Dallas license or on adjoining property. (5) Pedestrian areas must be lighted beginning one-half hour after sunset and continuing until one-half hour before sunrise. (d) Tree grates. Tree grates conforming to state and federal standards and specifications adopted to eliminate, insofar- as possible, architectural barriers encountered by aged, handicapped, or disabled persons, and of a size adequate to permit healthy tree growth may be provided for all trees planted within a public sidewalk, but are not required. (e)
Fencing. (1) Solid fencing is allowed.
(2) Wrought iron fencing with or without gates is permitted between buildings along the perimeter of the subdistrict. (3) Maximum fence height is eight feet. (f) Pavement markings. Pedestrian crosswalks across ingress and egress driveways and interior drives or streets must be clearly marked by colored concrete or patterned or stamped concrete and must be consistent. (g) Common areas. Mailboxes, water features and community service (private) use, pools, pool houses and accessory structures are allowed in common areas. (h)
Translucent windows.
(1) Translucent glass must be used on any windows located on the first two stories of any dwelling units that are adjacent to single family units on Afton Street. (i)
Dumpsters. Dumpsters are prohibited in this district.
SEC. S-___.119.
SIGNS.
Signs must comply with the provisions for residential zoning districts in Article VII. SEC. S-___.120.
ADDITIONAL PROVISIONS.
(a ) A maximum of 118 single family lots can be platted in a residential development tract. (c) The Property must be properly maintained in a state of good repair and neat appearance.
16
Z123-135(WE)
(d) 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. (e)
Development and use of the Property must comply with Part 1 of this Article.
SEC. S-___.121.
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 director of public works and transportation. (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, in this district 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.
17
Z123-135(WE)
PROPOSED CONCEPTUAL PLAN
18
Z123-135(WE)
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VICINITY MAP
Case no: _
__:: Z:....: 1..;;: 2 ;..:;, 3 _-1 ..:....3.:....5_ _
11 /29/2012
Date: - - - - - - -
1:7,200
19
Z123-135(WE)
Ariel Map
20
Z123-135(WE)
Single family
Industrial uses Single family
School Industrial
Warehouses
21
Z123-135(WE)
1
2
22
Z123-135(WE)
CPC RESPONSES
23
Z123-135(WE)
Notification List of Property Owners Z123-135 76 Property Owners Notified
Vote
0 Property Owners Opposed
Label # Address
4 Property Owners in Favor
Owner
O
1
2201
KINGS RD
CRASH INC
O
2
4622
TRANQUIL CREEK DR
TEXAS INTOWNHOMES LLC
3
4525
SYLVESTER ST
TUNG CHYUAN INV INC
4
2319
HAWTHORNE AVE
DELGADO SALVADOR & DINA
5
4601
SYLVESTER ST
MALAGON MARTIN & GADRIELA
6
4607
SYLVESTER ST
LOEZA CRISTINA
7
4615
SYLVESTER ST
GARCIA BRENDA N
8
4619
SYLVESTER ST
GANDARA AURELIANO &
9
4623
SYLVESTER ST
HOLGUIN FERNANDO &
10
4625
SYLVESTER ST
KEMP JACK R
11
2330
KINGS RD
HYDE HEATH
12
2251
KINGS RD
SINGER ARTURO
13
4634
AFTON ST
CHANDLER NANCY ANN S TR
14
2324
KINGS RD
SANCHEZ MARIA
15
4703
SYLVESTER ST
CARRILLO CIRILO ESTATE OF
16
4707
SYLVESTER ST
SEPULVEDA JAMES L &
17
4711
SYLVESTER ST
BARRIOS JOSE LUIS &
18
4719
SYLVESTER ST
HOLGUIN DANIEL &
19
2200
KINGS RD
ODONNELL AUDREY L
20
4508
AFTON ST
AGUINAGA JOSE A & ALICIA
21
4514
AFTON ST
DAO CUONG P & QUYEN T VO
22
4518
AFTON ST
MARTINEZ MARIA CARMEN
23
4522
AFTON ST
HERNANDEZ EPIFANIO
24
4526
AFTON ST
CORTEZ ANGEL &
25
4530
AFTON ST
NGUYEN HOANG
26
4534
AFTON ST
LE HOA THI XUAN
Thursday, November 07, 2013
24
Z123-135(WE)
Vote
O
O
Label # Address
Owner
27
4538
AFTON ST
OSORIO ISRAEL ANTUNEZ &
28
4542
AFTON ST
MEDRANO PROPERTIES LLC
29
4600
AFTON ST
GALINDO XOCHILT
30
4606
AFTON ST
RAMIREZ JOSE &
31
4610
AFTON ST
MEDINA ADAN V &
32
4614
AFTON ST
VO HUONG THANH
33
4618
AFTON ST
DINH MY HOANG
34
4622
AFTON ST
LE MINH HOANG
35
4624
AFTON ST
LE KY VAN &
36
4630
AFTON ST
NGUYEN THANH PHONG
37
4501
AFTON ST
LIVE MODERN HOMES LLC
38
4515
AFTON ST
URBINA CELIA
39
4519
AFTON ST
PEREZ JENNIFER
40
4523
AFTON ST
YOHANNES KIDUS
41
4527
AFTON ST
RODRIGUEZ JUAN P
42
4531
AFTON ST
ZUNIGA ANTONIO JUAN
43
4533
AFTON ST
DEITELHOFF KATRINA
44
4535
AFTON ST
QUINONES DANIEL G
45
4543
AFTON ST
MANUEL CLEMENTE
46
4601
AFTON ST
DICKERSON DOROTHY
47
4607
AFTON ST
GALINDO JOSE H & ROSA
48
4611
AFTON ST
PEREZ DENISE
49
4615
AFTON ST
FRANCISCO TOMAS
50
4619
AFTON ST
CAO TRANG THI
51
4623
AFTON ST
NGUYEN VAN NGOC
52
4699
PRODUCTION DR
RUPLEY HELEN GAIL
53
2023
LUCAS DR
WALRAVEN A T III &
54
4525
PRODUCTION DR
PRODUCTION PPTY PTNR LLC
55
4641
PRODUCTION DR
GREENWAY 4641 PRODUCTION
56
4600
HARRY HINES BLVD
UNIVERSITY OF TEXAS
57
4640
HARRY HINES BLVD
SOVRAN ACQUISITION LTD PS
Thursday, November 07, 2013
25
Z123-135(WE)
Vote
Label # Address
Owner
58
4714
CASS ST
KALOGRIDIS REAL EST LTD
59
4814
BENGAL ST
TCF INTERESTS PARTNERSHIP
60
4722
BENGAL ST
FOSTER M POOLE JR
61
4815
CASS ST
UNION GOSPEL MISSION
62
2313
HAWTHORNE AVE
JORY ROBERT
63
4611
SYLVESTER ST
GUZMAN JOSE GUADALUPE
64
2359
KINGS RD
BOUNNHING SAY
65
2355
KINGS RD
GOMEZ ELPIDIA
66
2351
KINGS RD
LARA OLGA L
67
4637
AFTON ST
NGUYEN DIEM TRANG HOANG
68
4633
AFTON ST
NGO HUNG VI &
69
4629
AFTON ST
NGUYEN MINH
70
2221
LUCAS DR
Dallas ISD
71
4700
BENGAL ST
TCF INTERESTS PARTNERSHIP LTD
72
4816
BENGAL ST
TCF INTERESTS PS LTD
73
4816
BENGAL ST
POOLE FOSTER M JR
74
4707
BENGAL ST
RONALD MCDONALD HOUSE OF
75
2140
MEDICAL DISTRICT DR
MOTOR STREET APTS LP
76
555
2ND AVE
DART
Thursday, November 07, 2013
26