6- - · PDF filethe Park Forest Branch Library Project ... lawsuit styled United States &...
Transcript of 6- - · PDF filethe Park Forest Branch Library Project ... lawsuit styled United States &...
JUNE 8, 2011 CITY COUNCIL ADDENDUMCERTIFICATION
This certification is given pursuant to Chapter XI, Section 9 of the City Charter for theCity Council Addendum dated June 8, 2011. We hereby certify, as to those contracts,agreements, or other obligations on this Agenda authorized by the City Council forwhich expenditures of money by the City are required , that all of the money required forthose contracts, agreements, and other obligations is in the City treasury to the credit ofthe fund or funds from which the money is to be drawn, as required and permitted bythe City Charter, and that the money is not appropriated for any other purpose.
Mary K. SuhmCity Manager
Edward ScottCity Controller
6 - 3 - 1/Date
6 / 3 / 1 IDate
ADDENDUM
CITY COUNCIL MEETING JUNE 8, 2011
CITY OF DALLAS 1500 MARILLA
COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS 75201
9:00 A. M. ADDITIONS: Closed Session 6ES Attorney Briefings (Sec. 551.071 T.O.M.A.) - Legal issues involving the Wright Amendment Reform Act and merger of Southwest
Airlines and AirTran CONSENT ADDENDUM Business Development & Procurement Services 1. Authorize the purchase of twenty-four vehicle-specific anti-idling auxiliary power units
for Equipment and Building Services - Xtreme Power Systems LLC, lowest responsible bidder of two - Not to exceed $106,277 - Financing: Texas Commission on Environmental Quality Grant Funds
City Attorney's Office 2. Authorize settlement of attorney fees and expenses attributable to settled False Claims
Act allegations in the lawsuit styled United States & Texas ex rel. Doug Moore, et al. v. City of Dallas, et al., Civil Action No. 3:09-CV-1452-O-BH - Not to exceed $129,324 - Financing: Current Funds
3. Authorize settlement in lieu of proceeding further with condemnation in City of Dallas v.
11900 Marsh Lane, L.P., et al., Cause No. 10-08752-C, pending in the County Court at Law No. 3, for acquisition from 11900 Marsh Lane, L.P. of approximately 101,828 square feet of land located near the intersection of Marsh Lane and High Vista Drive for the Park Forest Branch Library Project - Not to exceed $806,000 ($799,000 plus closing costs not to exceed $7,000) - Financing: 2006 Bond Funds
Office of Financial Services 4. Authorize a resolution suspending the effective date and extending the City Council’s
decision deadline for Atmos Energy Corp., Mid-Tex Division’s proposed new Gas Reliability Infrastructure Program (GRIP) Interim Rate Adjustment for the 45 day period May 9, 2011 through June 23, 2011 - Financing: No cost consideration to the City
2
ADDENDUM CITY COUNCIL MEETING
JUNE 8, 2011 ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Park & Recreation 5. Authorize an increase in the contract with Sunbelt Pools, Inc. for installation of an
identification sign adjacent to U.S. Highway 67 Service Road at Bahama Beach Water Park located at 1895 Campfire Circle; removal and replacement of all ceramic tile and removal of excess concrete behind existing plaster at Bonnie View Pool located at 2100 Huntingdon Avenue; removal and replacement of entry steps at Exline Pool located at 2525 Pine Street; and removal of concrete behind existing plaster and installation of swimming lane marker tiles at Lake Highlands North Pool located at 9344 Church Road - Not to exceed $132,601, from $677,488 to $810,089 - Financing: 2006 Bond Funds
Police 6. Authorize acceptance of the Violence Against Women Formula Grant from the Office of
the Governor, Criminal Justice Division to provide sufficient services to reach all eligible crime victims for the period March 1, 2011 through June 30, 2011 - Not to exceed $45,980 - Financing: Office of the Governor, Criminal Justice Division State Grant Funds
Sanitation Services 7. Authorize (1) the acceptance of a grant from the North Central Texas Council of
Governments in the amount of $77,901 for Sanitation Services to conduct a recycling pilot program for multi-use developments (commercial/residential properties) for the period September 2010 through June 2011; (2) a local In-Kind Contribution in the amount of $37,000; and (3) execution of the grant agreement - Total not to exceed $114,901 - Financing: Texas Commission on Environmental Quality Grant Funds ($77,901) and In-Kind Contribution ($37,000)
Sustainable Development and Construction 8. An ordinance granting a Planned Development District for mixed uses subject to
conditions, a conceptual plan, and urban design guidelines on property zoned an R-7.5(A) Single Family District on the east line of Coit Road, south of Frankford Road - Financing: No cost consideration to the City
9. An ordinance amending Article VII, “Sign Regulations,” Chapter 51A, the Dallas
Development Code and Chapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code to: (1) amend regulations pertaining to detached non-premise signs (billboards); (2) provide appropriate regulations for digital billboards; and (3) establish an annual registration fee - Financing: No cost consideration to the City
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ADDENDUM CITY COUNCIL MEETING
JUNE 8, 2011 ADDITIONS: (Continued) ITEMS FOR INDIVIDUAL CONSIDERATION Mayor and City Council 10. An ordinance amending Chapter 15A of the Dallas City Code to: (1) define terms; and
(2) clarify which persons are restricted from making campaign contributions to city council members and city council candidates during specified time periods relating to designated zoning cases, designated public subsidy matters, and city contracts - Financing: No cost consideration to the City
DESIGNATED PUBLIC SUBSIDY MATTERS Housing/Community Services 11. Authorize (1) the acceptance of $8,492,000 of Community Development Block Grant
Section 108 Guaranteed Loan funds (Section 108 Loan funds) from the U.S. Department of Housing and Urban Development (HUD) for the Lancaster Urban Village community economic development project; (2) a loan agreement with City Wide Community Development Corporation (City Wide CDC) in the amount of $8,492,000 of Section 108 funds for the Lancaster Urban Village community economic development project including public infrastructure, sitework, commercial development, residential development, and development of a parking garage for a mixed-use, transit-oriented development along the South Lancaster Road corridor across from the Veterans Affairs Medical Center (V.A.) at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue, and for a loan interest reserve; (3) the City Manager, to enter into all necessary agreements with HUD including a Funding Approval/Agreement, a Fiscal Agency Agreement, a Promissory Note, up to two letters of agreement, for establishment of a custodial account, documents relating to additional security if required by HUD, and a letter requesting advance funds for interim financing; (4) the City Manager to establish appropriations for the Section 108 funds; and (5) the City Controller to deposit and disburse funds from an identified account - Total not to exceed $8,492,000 - Financing: Community Development Block Grant Section 108 Guaranteed Loan Funds
ADDENDUM DATEITEM IND
# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION
1 All CPBD, EBS GT 0.00% 0.00%
Authorize the purchase of twenty-four vehicle-specific anti-idling auxiliary power units for Equipment andBuilding Services
2 N/A C ATT $129,323.81 NA NA
Authorize settlement of attorney fees and expenses attributable to settled False Claims Act allegations in thelawsuit styled United States & Texas ex rel. Doug Moore, et al. v. City of Dallas, et al., Civil Action No. 3:09-CV-1452-O-BH
3 13 C
DEV, ATT, LIB,
PWT $806,000.00 NA NA
Authorize settlement in lieu of proceeding further with condemnation in City of Dallas v. 11900 Marsh Lane,L.P., et al., Cause No. 10-08752-C, pending in the County Court at Law No. 3, for acquisition from 11900Marsh Lane, L.P. of approximately 101,828 square feet of land located near the intersection of Marsh Laneand High Vista Drive for the Park Forest Branch Library Project
4 N/A C OFS NC NA NA
Authorize a resolution suspending the effective date and extending the City Council's decision deadline forAtmos Energy Corp., Mid-Tex Division's proposed new Gas Reliability Infrastructure Program (GRIP) InterimRate Adjustment for the 45-day period May 9, 2011 through June 23, 2011
5 4, 5, 7, 10 C PKR $132,601.00 14.74% 13.58%
Authorize an increase in the contract with Sunbelt Pools, Inc., for installation of an identification sign adjacentto U.S. Highway 67 Service Road at Bahama Beach Water Park located at 1895 Campfire Circle; removaland replacement of all ceramic tile and removal of excess concrete behind existing plaster at Bonnie ViewPool located at 2100 Huntingdon Avenue; removal and replacement of entry steps at Exline Pool located at2525 Pine Street; and removal of concrete behind existing plaster and installation of swimming lane markertiles at Lake Highlands North Pool located at 9344 Church Road
6 All C POL GT NA NA
Authorize acceptance of the Violence Against Women Formula Grant from the Office of the Governor,Criminal Justice Division to provide sufficient services to reach all eligible crime victims for the period March1, 2011 through June 30, 2011
7 All C SAN GT NA NA
Authorize the acceptance of a grant from the North Central Texas Council of Governments for SanitationServices to conduct a recycling pilot program for multi-use developments (commercial/residential properties)for the period September 2010 through June 2011; a local In-Kind Contribution; and execution of the grantagreement
8 12 C DEV NC NA NA
An ordinance granting a Planned Development District for mixed uses subject to conditions, a conceptualplan, and urban design guidelines on property zoned an R-7.5(A) Single Family District on the east line ofCoit Road, south of Frankford Road
9 All C DEV NC NA NA
An ordinance amending Article VII, “Sign Regulations,” Chapter 51A, the Dallas Development Code andChapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code to amendregulations pertaining to detached non-premise signs (billboards); provide appropriate regulations for digitalbillboards; and establish an annual registration fee
10 N/A I MCC NC NA NA
An ordinance amending Chapter 15A of the Dallas City Code to: define terms; and clarify which persons arerestricted from making campaign contributions to city council members and city council candidates duringspecified time periods relating to designated zoning cases, designated public subsidy matters, and citycontracts
June 8, 2011
Page 1
ADDENDUM DATEITEM IND
# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION
June 8, 2011
Authorize the acceptance of $8,492,000 of Community Development Block Grant Section 108 GuaranteedLoan funds (Section 108 Loan funds) from the U.S. Department of Housing & Urban Development (HUD) forthe Lancaster Urban Village community economic development project; a loan agreement w/City WideCommunity Development Corporation (City Wide CDC) in the amount of $8,492,000 of Section 108 funds forthe Lancaster Urban Village community economic development project including public infrastructure,sitework, commercial development, residential development, & development of a parking garage for a mixed-use, transit-oriented development along the South Lancaster Road corridor across from the Veterans AffairsMedical Center (V.A.) at the southwest quadrant of the intersection of South Lancaster Road & Ann ArborAvenue, and for a loan interest reserve; the City Manager to enter into all necessary agreements with HUD
11 5 I HOU GT NA NA
including a Funding Approval/Agreement, a Fiscal Agency Agreement, a Promissory Note, up to two letters ofagreement, for establishment of a custodial account, documents relating to additional security if required byHUD, & a letter requesting advance funds for interim financing; the City Manager to establish appropriationsfor the Section 108 funds; & the City Controller to deposit & disburse funds from an identified account
TOTAL $1,067,924.81
Page 2
ADDENDUM ITEM # 1KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): All
DEPARTMENT: Business Development & Procurement ServicesEquipment & Building Services
CMO: Jeanne Chipperfield, 670-7804Forest E. Turner, 670-3390
MAPSCO: N/A________________________________________________________________
SUBJECT
Authorize the purchase of twenty-four vehicle-specific anti-idling auxiliary power units for Equipment and Building Services - Xtreme Power Systems LLC, lowest responsible bidder of two - Not to exceed $106,277 - Financing: Texas Commission on Environmental Quality Grant Funds
BACKGROUND
When the vehicle is temporarily parked or remains stationary, these anti-idling auxiliary power units will accomplish a 100% idle reduction in allowing the vehicle's engine to be turned off without losing the use of electrical capabilities. The vehicle's alternator charges the unit during normal operation of the vehicle.
Advantages of using auxiliary power include:
Reducing carbon dioxide emissionsReducing fuel consumptionReducing engine wearComplies with anti-idling regulations
The City and the North Central Texas Council of Governments (NCTCOG) entered into an agreement as authorized by the TCEQ Texas Emissions Reduction Plan (TERP) Grant Contract Number 582-9-86285. This agreement applies to the Texas Health and Safety Code, that regulates the emissions reduction of nitrogen oxides (NOx) for the administration of certain TERP Grant Funds through the Heavy Duty Vehicle and Equipment Grant Program. The Heavy Duty Vehicle and Equipment Grant Program provides funds to purchase auxiliary electric power systems for twenty-four vehicles in order to reduce emissions due to idling.
Agenda Date 06/08/2011 - page 2
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 390 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 May 25, 2011, City Council authorized (1) the acceptance of the Heavy-Duty Vehicle and Equipment Grant from the North Central Texas Council of Governments to purchase and install auxiliary electric power systems on twenty-four heavy-duty trucks in order to reduce emissions due to vehicle idling for the period February 17, 2011 through July 31, 2011; and (2) execution of the grant agreement by Resolution No. 11-1283.
FISCAL INFORMATION
$106,276.38 - Texas Commission on Environmental Quality Grant Funds
M/WBE INFORMATION
78 - Vendors contacted78 - No response 0 - Response (Bid) 0 - Response (No Bid) 0 - Successful
390 M/WBE and Non-M/WBE vendors were contacted
The recommended awardee has 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
Xtreme Power Systems LLC
White Male 45 White Female 16Black Male 1 Black Female 1Hispanic Male 10 Hispanic Female 0Other Male 9 Other Female 3
Agenda Date 06/08/2011 - page 3
BID INFORMATION
The following bids were received from solicitation number BL1140 and opened on May 12, 2011. This purchase is being awarded in its entirety to the lowest responsive and responsible bidder.
*Denotes successful bidder
Bidders Address Amount of Bid
*Xtreme Power Systems LLC 1120 Goforth Road $106,276.38Kyle, TX 78640
Energy Xtreme LLC 2215 Westlake Drive $211,404.00Austin, TX 78746
OWNER
Xtreme Power Systems LLC
Carlos Coe, President
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize the purchase of twenty-four vehicle-specific anti-idling auxiliary power units for Equipment and Building Services - Xtreme Power Systems LLC, lowest responsible bidder of two - Not to exceed $106,277 - Financing: Texas Commission on Environmental Quality Grant Funds
Xtreme Power Systems LLC is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.PROJECT CATEGORY: Goods
_______________________________________________________________
LOCAL/NON-LOCAL CONTRACT SUMMARY
Amount Percent
Total local contracts $0.00 0.00%Total non-local contracts $106,276.38 100.00%
------------------------ ------------------------
TOTAL CONTRACT $106,276.38 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION
Local Contractors / Sub-Contractors
None
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE CONTRACT PARTICIPATION
Local Percent Local & Non-Local Percent
African American $0.00 0.00% $0.00 0.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%
---------------------- ---------------------- ---------------------- -----------------------
Total $0.00 0.00% $0.00 0.00%
COUNCIL CHAMBER
June 8, 2011
WHEREAS, on May 25, 2011, City Council authorized (1) the acceptance of the Heavy-Duty Vehicle and Equipment Grant from the North Central Texas Council of Governments to purchase and install auxiliary electric power systems on twenty-four heavy-duty trucks in order to reduce emissions due to vehicle idling for the period February 17, 2011 through July 31, 2011; and (2) execution of the grant agreement by Resolution No. 11-1283;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the purchase of twenty-four vehicle-specific anti-idling auxiliary power units for Equipment and Building Services is authorized with Xtreme Power Systems LLC (VS0000063315) in an amount not to exceed $106,276.38.
Section 2. That the Purchasing Agent is authorized, upon appropriate requisition, to issue a purchase order for twenty-four vehicle-specific anti-idling auxiliary power units for Equipment and Building Services. If a formal contract is required for this purchase instead of a purchase order, the City Manager is authorized to execute the contract upon approval as to form by the City Attorney.
Section 3. That the City Controller is authorized to disburse funds from the following appropriations, in an amount not to exceed $106,276.38:
Fund Dept Unit Object Encumbrance
S299 EBS 3106 2741 EBS113106CT11
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.
ADDENDUM ITEM # 2KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney's Office
CMO: Thomas P. Perkins, Jr., 670-3491
MAPSCO: N/A________________________________________________________________
SUBJECT
Authorize settlement of attorney fees and expenses attributable to settled False Claims Act allegations in the lawsuit styled United States & Texas ex rel. Doug Moore, et al. v. City of Dallas, et al., Civil Action No. 3:09-CV-1452-O-BH - Not to exceed $129,324 - Financing: Current Funds
BACKGROUND
Plaintiffs United States and State of Texas ex rel. Doug Moore filed a lawsuit against the City and its vendor under the False Claims Act, alleging that the City overbilled Medicare and Medicaid for ambulance services for more than three years. The City Council authorized settlement of ambulance overbilling claims on May 4, 2011 by passing Resolution No. 11-1258. Plaintiffs' attorneys are entitled under the Act to recover their attorney fees and expenses attributable to the settled claims. Plaintiffs are represented by attorneys David L. Haron and Maro E. Bush of the firm Frank Haron Weiner & Navarro of Troy, Michigan; and Kayla G. Cole, Charles S. Siegel and Loren Jacobson of the firm of Waters & Kraus LLP of Dallas, Texas.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council approved settlement of the ambulance overbilling claims in the lawsuit on May 4, 2011, by Resolution No. 11-1258.
Council was briefed in closed session concerning the proposed settlement on August 25, 2010, January 5, 2011, April 6, 2011, and April 27, 2011.
Council is scheduled to be briefed in Closed Session on June 1, 2011.
FISCAL INFORMATION
Funding for this item is budgeted in the current fiscal year.
$129,323.81 - Current Funds
COUNCIL CHAMBER
June 8, 2011
WHEREAS, Plaintiffs United States and State of Texas ex rel. Doug Moore filed a lawsuit against the City and its vendor under the False Claims Act, alleging that the City overbilled Medicare and Medicaid for ambulance services for more than three years; and
WHEREAS, the City Council authorized settlement of those claims on May 4, 2011, by passing Resolution No. 11-1258; and
WHEREAS, Plaintiffs' attorneys are entitled under the False Claims Act to recover their attorney fees and expenses attributable to the settled claims; and
WHEREAS, the Plaintiffs, through their attorneys David L. Haron and Maro E. Bush of the firm Frank Haron Weiner & Navarro of Troy, Michigan, agreed to settle their claim for attorney fees and expenses arising from their ambulance overbilling allegations in this lawsuit for the amount of $129,323.81; Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That Plaintiffs' claim for attorney fees and expenses arising from their ambulance overbilling allegations in the lawsuit styled United States & Texas ex rel. Doug Moore, et al. v. City of Dallas, et al., Civil Action No. 3:09-CV-1452-O-BH, are hereby settled for the amount of $129,323.81.
SECTION 2. That the City Controller is authorized to pay the law firm of Frank Haron Weiner & Navarro the amount of $129,323.81 from Fund 0192, Agency ORM, Org. 3890, Obj. 3521, Vendor MVATT001.
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.
ADDENDUM ITEM # 3KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): 13
DEPARTMENT: City Attorney's OfficeSustainable Development and ConstructionLibraryPublic Works & Transportation
CMO: Thomas P. Perkins, Jr., 670-3491A. C. Gonzalez, 671-8925Forest E. Turner, 670-3390Jill A. Jordan, P.E., 670-5299
MAPSCO: 13Z________________________________________________________________
SUBJECT
Authorize settlement in lieu of proceeding further with condemnation in City of Dallas v. 11900 Marsh Lane, L.P., et al., Cause No. 10-08752-C, pending in the County Court at Law No. 3, for acquisition from 11900 Marsh Lane, L.P. of approximately 101,828 square feet of land located near the intersection of Marsh Lane and High Vista Drive for the Park Forest Branch Library Project - $806,000 ($799,000 plus closing costs not to exceed $7,000) - Financing: 2006 Bond Funds
BACKGROUND
This item authorizes a settlement for the acquisition of approximately 101,828 square feet of land for the Park Forest Branch Library Project. This settlement will allow acquisition of the property without proceeding further with condemnation proceedings.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Authorized acquisition on May 12, 2010, by Resolution No. 10-1218.
This item is scheduled to be briefed in Closed Session on June 1, 2011.
FISCAL INFORMATION
2006 Bond Funds - $806,000 ($799,000 plus closing costs not to exceed $7,000)
Agenda Date 06/08/2011 - page 2
OWNER
11900 Marsh Lane, L.P.
11900 Marsh Lane Property, L.L.C., General PartnerAndrew Segal, Member
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COUNCIL CHAMBER
June 8, 2011
A RESOLUTION AUTHORIZING SETTLEMENT OF A CONDEMNATION SUIT.
IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY:
CONDEMNATION SUIT: Cause No. 10-08752-C, in County Court at Law No. 3, and styled City of Dallas vs. 11900 Marsh Lane, L.P., et al.
PROJECT: Park Forest Library
SETTLEMENT AMOUNT: $799,000
CLOSING COSTS AND TITLE EXPENSES: Not to exceed $7,000
AUTHORIZED AMOUNT: $806,000 ($799,000 PLUS $7,000)
DESIGNATED FUNDS: Library Facilities fund, Fund No. 8T42, Department PBW, Unit T640, Activity LIBF, Program No. PB06T640, Object 4210, Encumbrance No. CT-SUST640AB18
WHEREAS, the City Council desires to authorize the City Attorney and the City Manager to enter into a settlement of the CONDEMNATION SUIT in connection with the PROJECT,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Attorney and the City Manager are authorized to settle said CONDEMNATION SUIT for the SETTLEMENT AMOUNT. The SETTLEMENT AMOUNT, plus the CLOSING COSTS AND TITLE EXPENSES, shall not exceed the AUTHORIZED AMOUNT.
SECTION 2. That the City Attorney and the City Manager are authorized to prepare and execute such documents as may be necessary to effect the settlement described herein.
SECTION 3. That the City Controller is hereby authorized and directed to draw a warrant in favor of 11900 Marsh Lane, L.P. or the title company closing and/or issuing a title policy in the transaction described herein in the SETTLEMENT AMOUNT and/or CLOSING COSTS AND TITLE EXPENSES, paid out of and charged to the DESIGNATED FUNDS.
COUNCIL CHAMBER
June 8,2011
SECTION 4. That this resolution shall take effect immediately from and after itspassaqe in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.
APPROVED AS TO FORM:THOMAS P. PERKINS, JR., City Attorney
.;tv~J i
As lstant City Attorney
ADDENDUM ITEM # 4KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): N/A
DEPARTMENT: Office of Financial Services
CMO: Jeanne Chipperfield, 670-7804
MAPSCO: N/A________________________________________________________________
SUBJECT
Authorize a resolution suspending the effective date and extending the City Council’s decision deadline for Atmos Energy Corp., Mid-Tex Division’s proposed new Gas Reliability Infrastructure Program (GRIP) Interim Rate Adjustment for the 45-day period May 9, 2011 through June 23, 2011 - Financing: No cost consideration to the City
BACKGROUND
Atmos Energy Corp. provides natural gas utility service in Dallas in accordance with City franchise Ordinance No. 27793 and the Texas Gas Utilities Regulatory Act (GURA). Texas Utilities Code, §104.301, enacted by Senate Bill 1271, 78th Legislature (2003), Regular Session, as implemented by new Railroad Commission (“RRC”) Rules, establishes an incentive for gas utilities to invest in new infrastructure. The amendment and new rule allow a gas utility to file a tariff or rate schedule reflecting an adjustment to its base rates to recover the cost of new investment in its infrastructure made since the Commission's most recent order setting rates. Through the GRIP interim rate adjustment, a utility may immediately recover its return on investment, depreciation expense, and related taxes without having to wait for the results of a formal gas rate case. Costs included are return on investment, depreciation expense, and certain taxes.
Atmos filed for its GRIP rate adjustment on February 25, 2011. Under Texas Utilities Code, §104.301 this rate adjustment automatically goes into effect 60 days after the date of filing (April 26, 2011) unless the City Council extends the decision deadline by official action. Pursuant to the Utilities Code, the City may suspend the effective date of these tariffs for an additional 45 days. This additional time is required in order to conduct an adequate investigation and evaluation of the application and the proposed new rates. On April 13, 2011, the City suspended the effective date to June 9, 2011 by Resolution No. 11-0920.
Agenda Date 06/08/2011 - page 2
BACKGROUND (Continued)
After thoroughly reviewing the filing, the City entered into settlement negotiations with Atmos. Significant progress has been made in resolving not only this GRIP rate filing but also other rate setting matters with Atmos. In order to facilitate continued negotiations, Atmos on May 19, 2011 extended the requested effective date of rates from April 26, 2011 to May 9, 2011. By reauthorizing the 45 day suspension the new deadline to take action will be June 23, 2011. This extension is necessary to complete negotiations of the settlement agreement with Atmos.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On April 13, 2011, City Council suspended the effective date adopted by Resolution No. 11-0920.
FISCAL INFORMATION
No cost consideration to the City.
COUNCIL CHAMBER
June 8, 2011
WHEREAS, Atmos Energy Corp., Mid-Tex Division provides natural gas utility service within the City of Dallas in accordance with Ordinance No. 27793; and
WHEREAS, on February 25, 2011, Atmos Energy Corp., Mid-Tex Division (Atmos) filed with the City Secretary an “Interim Rate Adjustment Filing Calendar Year 2010” for the Company’s Distribution System; and
WHEREAS, proposed rate adjustments become effective sixty (60) days from the date of filing, in accordance with Texas Utilities Code, §104.301, unless proposed rate adjustments are suspended by the regulatory authority; and
WHEREAS, the City suspended the effective date for 45 days on April 13, 2011 by the adoption of Resolution No. 11-0920: and
WHEREAS, On May 19, 2011 Atmos extended the effective date of the proposed “Interim Rate Adjustment Filing Calendar Year 2010” from April 26, 2011 to May 9, 2011; and
WHEREAS, it is desirable that the filing be thoroughly investigated prior to approval;
Now, Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS;
Section 1. That the rate adjustments and tariffs presented in the “Interim Rate Adjustment Filing Calendar Year 2010” filed by Atmos Energy Corp. on February 25, 2011, be and are hereby suspended for 45 days through June 23, 2011, in accordance with the provisions of Texas Utilities Code, §104.301.
Section 2. That the City Attorney and City Manager, be and are hereby authorized to make such investigations and take such actions as may be necessary and appropriate to insure that the interests of the City of Dallas and the Dallas customers of Atmos Energy Corp. are properly protected.
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.
ADDENDUM ITEM # 5KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): 4, 5, 7, 10
DEPARTMENT: Park & Recreation
CMO: Paul D. Dyer, 670-4071
MAPSCO: 64J 55L 46Y 27K________________________________________________________________
SUBJECT
Authorize an increase in the contract with Sunbelt Pools, Inc. for installation of an identification sign adjacent to U.S. Highway 67 Service Road at Bahama Beach Water Park located at 1895 Campfire Circle; removal and replacement of all ceramic tile and removal of excess concrete behind existing plaster at Bonnie View Pool located at 2100 Huntingdon Avenue; removal and replacement of entry steps at Exline Pool located at 2525 Pine Street; and removal of concrete behind existing plaster and installation of swimming lane marker tiles at Lake Highlands North Pool located at 9344 Church Road - Not to exceed $132,601, from $677,488 to $810,089 - Financing: 2006 Bond Funds
BACKGROUND
The original contract with Sunbelt Pools, Inc. was authorized by City Council on February 9, 2011, by Resolution No. 11-0441, for installation of new filtration equipment at Campbell-Green Sprayground located at 16600 Hillcrest Road, Danieldale Sprayground located at 500 West Wheatland Road, Mildred L. Dunn Sprayground located at 3300 Carpenter Avenue, Pemberton Hill Sprayground located at 6424 Elam Road, Ridgewood Sprayground located at 6818 Fisher Road and Samuell-Grand Pool located at 6200 East Grand Avenue; installation of new resilient safety surfacing at Danieldale Sprayground located at 500 West Wheatland Road, Mildred L. Dunn Sprayground located at 3300 Carpenter Avenue, Pemberton Hill Sprayground located at 6424 Elam Road and Umphress Sprayground located at 7700 Umphress Road; installation of ultraviolet filtration equipment at Bahama Beach Water Park located at 1895 Campfire Circle; installation of new plaster at Bonnie View Pool located at 2100 Huntingdon Avenue and Lake Highlands North Pool located at 9344 Church Road; installation of coping stones and gutter tiles at Everglade Pool located at 5100 Jim Miller Road, Grauwyler Pool located at 7500 Harry Hines Boulevard and Martin Weiss Pool located at 3400 West Clarendon Drive, in an amount not to exceed $677,487.58.
Agenda Date 06/08/2011 - page 2
BACKGROUND (Continued)
This action will authorize Change Order No. 1 to the contract in the amount of $132,601.00; thereby, increasing the contract amount by $132,601.00, from $677,487.58 to $810,088.58 for installation of a identification sign adjacent to U.S. Highway 67 Service Road at Bahama Beach Water Park; removal and replacement of all ceramic tile and removal of excess concrete behind existing plaster at Bonnie View Pool; removal and replacement of entry steps at Exline Pool; and removal of concrete behind existing plaster and installation of swimming lane marker tiles at Lake Highlands North Pool.
ESTIMATED SCHEDULE OF PROJECT
Began Design May 2010Completed Design October 2010Began Construction March 2011Complete Construction June 2011
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Park and Recreation Board authorized the advertisement for a Request for Competitive Sealed Proposals on November 18, 2010.
The Park and Recreation Board authorized award of the contract on January 13, 2011.
The City Council authorized award of the contract on February 9, 2011, by Resolution No. 11-0441.
The Park and Recreation Board authorized Change Order No. 1 on June 2, 2011.
FISCAL INFORMATION
2006 Bond Funds - $132,601
Original Contract Amount $677,487.58Change Order No. 1 (this action) $132,601.00
Total $810,088.58
Council District Amount
4 $44,4385 $48,9807 $9,287
10 $29,896
Total $132,601
Agenda Date 06/08/2011 - page 3
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
Sunbelt Pools, Inc.
White Male 21 White Female 7Black Male 2 Black Female 0Hispanic Male 69 Hispanic Female 1Other Male 0 Other Female 0
OWNERS
Sunbelt Pools, Inc.
Rob Morgan, PresidentJon Collins, Vice PresidentSusan Morgan, Secretary/Treasurer
MAPS
Attached
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize an increase in the contract with Sunbelt Pools, Inc. for installation of an identification sign adjacent to U.S. Highway 67 Service Road at Bahama Beach Water Park located at 1895 Campfire Circle; removal and replacement of all ceramic tile and removal of excess concrete behind existing plaster at Bonnie View Pool located at 2100 Huntingdon Avenue; removal and replacement of entry steps at Exline Pool located at 2525 Pine Street; and removal of concrete behind existing plaster and installation of swimming lane marker tiles at Lake Highlands North Pool located at 9344 Church Road - Not to exceed $132,601, from $677,488 to $810,089 - Financing: 2006 Bond Funds
Sunbelt Pools, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor.
PROJECT CATEGORY: Construction_______________________________________________________________
LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY
Amount Percent
Local contracts $19,550.00 14.74%Non-local contracts $113,051.00 85.26%
--------------------------- ---------------------------
TOTAL THIS ACTION $132,601.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION
Local Contractors / Sub-Contractors
Local Certification Amount Percent
Recreation Consultants of Texas WFWB46581N0911 $19,550.00 100.00%--------------------------- ---------------------------
Total Minority - Local $19,550.00 100.00%
Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE PARTICIPATIONThis Action Participation to Date
Amount Percent Amount Percent
African American $0.00 0.00% $0.00 0.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $19,550.00 14.74% $110,044.16 13.58%
----------------------- ---------------------- --------------------------- ---------------------------
Total $19,550.00 14.74% $110,044.16 13.58%
COUNCIL CHAMBER
June 8, 2011
WHEREAS, on February 9, 2011, by Resolution No. 11-0441, Sunbelt Pools, Inc. was awarded a contract for installation of new filtration equipment at Campbell-Green Sprayground located at 16600 Hillcrest Road, Danieldale Sprayground located at 500 West Wheatland Road, Mildred L. Dunn Sprayground located at 3300 Carpenter Avenue, Pemberton Hill Sprayground located at 6424 Elam Road, Ridgewood Sprayground located at 6818 Fisher Road and Samuell-Grand Pool located at 6200 East Grand Avenue; installation of new resilient safety surfacing at Danieldale Sprayground located at 500 West Wheatland Road, Mildred L. Dunn Sprayground located at 3300 Carpenter Avenue, Pemberton Hill Sprayground located at 6424 Elam Road and Umphress Sprayground located at 7700 Umphress Road; installation of ultraviolet filtration equipment at Bahama Beach Water Park located at 1895 Campfire Circle; installation of new plaster at Bonnie View Pool located at 2100 Huntingdon Avenue and Lake Highlands North Pool located at 9344 Church Road; installation of coping stones and gutter tiles at Everglade Pool located at 5100 Jim Miller Road, Grauwyler Pool located at 7500 Harry Hines Boulevard and Martin Weiss Pool located at 3400 West Clarendon Drive, in an amount not to exceed $677,487.58;
WHEREAS, this change order provides for removal and replacement of all ceramic tile and removal of excess concrete behind existing plaster at Bonnie View Pool; removal and replacement of entry steps at Exline Pool; removal of concrete behind existing plaster and installation of swimming lane marker tiles at Lake Highlands North Pool; installation of an identification sign adjacent to U.S. Highway 67 Service Road at Bahama Beach Water Park, in an amount not to exceed $132,601.00, increasing the contract amount from $677,487.58 to $810,088.58
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 or designee is hereby authorized to increase the contract with Sunbelt Pools, Inc. for installation of an identification sign adjacent to U.S. Highway 67 Service Road at Bahama Beach Water Park; removal and replacement of all ceramic tile and removal of excess concrete behind existing plaster at Bonnie View Pool; removal and replacement of entry steps at Exline Pool; and removal of concrete behind existing plaster and installation of swimming lane marker tiles at Lake Highlands North Pool, in an amount not to exceed $132,601.00, increasing the contract amount from $677,487.58 to $810,088.58
COUNCIL CHAMBER
June 8, 2011
SECTION 2. That the City Controller is hereby authorized to pay the amount of $132,601 to Sunbelt Pools, Inc. as follows:
Bonnie View Pool
(2006) Park and Recreation Facilities Improvement FundFund 6T00, Department PKR, Unit T050, Object 4599 Activity AQFC, Program PK6T050.20, CT-PKR10019231Commodity 91200, Vendor 255049 $44,438
Bahama Beach Water Park
(2006) Park and Recreation Facilities Improvement FundFund 8T00, Department PKR, Unit T249, Object 4599Activity AQFC, Program PK6T249.6, CT-PKR10019231Commodity 91200, Vendor 255049 $48,980
Exline Pool
(2006) Park and Recreation Facilities Improvement FundFund 6T00, Department PKR, Unit T050, Object 4599Activity AQFC, Program PK6T050.30, CT-PKR10019231Commodity 91200, Vendor 255049 $9,287
Lake Highlands North Pool
(2006) Park and Recreation Facilities Improvement FundFund 7T00, Department PKR, Unit T050, Object 4599Activity AQFC, Program PK6T050.15, CT-PKR10019231Commodity 91200, Vendor 255049 $29,896
Total amount not to exceed $132,601
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.
ADDENDUM ITEM # 6KEY FOCUS AREA: Public Safety Improvements and Crime Reduction
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): All
DEPARTMENT: Police
CMO: Ryan S. Evans, 670-3314
MAPSCO: N/A________________________________________________________________
SUBJECT
Authorize acceptance of the Violence Against Women Formula Grant from the Office of the Governor, Criminal Justice Division to provide sufficient services to reach all eligible crime victims for the period March 1, 2011 through June 30, 2011 - Not to exceed $45,980 - Financing: Office of the Governor, Criminal Justice Division State Grant Funds
BACKGROUND
The Dallas Police Department is applying for funding from the Office of the Governor, Criminal Justice Division, for a Violence Against Women Formula Grant in the amount of $45,980.00. The allocation of the grant money will allow the City of Dallas to purchase 190 high quality digital cameras and accessories to include memory cards, battery packs and camera cases. The digital cameras will be disseminated amongst the seven patrol stations with the remaining cameras being retained by the Family Violence Unit for use by “on call” detectives and unit detectives. Cameras will be used for follow-up photographs to document changes in visible injuries and other crime scene evidence. Additionally, on call detectives can be called out to conduct detailed investigations and to collect additional evidence at various domestic violence calls. These cameras will be used on a daily basis to capture photographic evidence of victims injuries or wounds, the presence of children at the crime scene, and to document self defense injuries on the perpetrator at the scene. It is the Dallas Police Department’s belief that the cameras will assist and document the victim’s legal use of self defense and help investigators and officers in determining the predominant aggressor. The cameras will provide critical digital evidence to not only Dallas Counties, but also Denton and Collin County and their respective District Attorney Offices. This photographic evidence will assist in building a stronger case which should lead to successfully prosecuting perpetrators.
Agenda Date 06/08/2011 - page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Authorized the application for the Violence Against Women Formula Grant on May 25, 2011, by Resolution No. 11-1294.
Briefed to the Public Safety Committee on April 18, 2011.
FISCAL INFORMATION
$45,980 - Office of the Governor, Criminal Justice Division State Grant Funds
COUNCIL CHAMBER
June 8, 2011
WHEREAS, the City of Dallas finds it in the best interest of the citizens of Dallas, that the Violence Against Women Formula Grant, from the Office of the Governor, Criminal Division be operated for the period March 1,2011 through June 30, 2011; and
WHEREAS, the City of Dallas agrees that in the event of loss or misuse of the Criminal Justice Division funds, The City 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 her designee as the grantee’s authorized official given the power to apply for accept, reject, alter or terminate the grant on behalf of the applicant agency; and
WHEREAS, the City of Dallas approves submission of the grant application for the Violence Against Women Formula Grant to the Office of the Govenor, Criminal Justice Division.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager or an Assistant City Manager as her designee be and is hereby authorized to accept the Violence Against Women Formula Grant, CFDA# 16.588 and grant # 2525401 in the amount of $45,980 for the period March 1, 2011 through June 30, 2011, and execute the grant agreement.
Section 2. That the City Controller is hereby authorized to deposit grant funds in an amount not to exceed $45,980 into Fund F339, Department DPD, Unit 7171, Revenue Source 6506.
Section 3. That the City Manager is authorized to establish appropriations in the amount of $45,980 in Fund F339, Dept. DPD, Unit 7171.
Section 4. That the City Controller is hereby authorized to disburse from Fund F339, Department DPD, Unit 7171, Object 2770 an amount not to exceed $45,980.
Section 5. That in the event of loss or misuse of funds, the grantee will return all grant funds to the Office of the Governor, Criminal Justice Division, in full.
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.
ADDENDUM ITEM # 7KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): All
DEPARTMENT: Sanitation Services
CMO: Ryan S. Evans, 670-3314
MAPSCO: N/A________________________________________________________________
SUBJECT
Authorize (1) the acceptance of a grant from the North Central Texas Council of Governments in the amount of $77,901 for Sanitation Services to conduct a recycling pilot program for multi-use developments (commercial/residential properties) for the period September 2010 through June 2011; (2) a local In-Kind Contribution in the amount of $37,000; and (3) execution of the grant agreement – Total not to exceed $114,901 - Financing: Texas Commission on Environmental Quality Grant Funds ($77,901) and In-Kind Contribution ($37,000)
BACKGROUND
On May 28, 2010, Sanitation Services submitted a solid waste implementation project application to the North Central Texas Council of Governments (NCTCOG) to fund a multi-use development recycling pilot program (Recycling IS Your Business) for ten (10) months. Multi-use developments provide a unique challenge for a recycling program in that it is a mixture of both commercial and residential unit sizes and options. Therefore, the goal of this project is to identify how much recycling could be generated in this type of environment; and whether or not such a program is warranted.
Sanitation Services will select 4-5 multi-use properties that accommodate single industry sectors; such as retail stores, manufacturers, restaurants, residential urban living or any combination of which generates similar materials, such as cardboard, plastics, office paper, and cans. Properties will vary in style with different types of equipment and service.
In-Kind Contributions in the amount of $37,000 includes the cost of staff to implement the project, perform quarterly follow-up training to business tenants, develop educational literature and provide on-site monitoring. The cost for waste characterization samplings and a media package to advertise and promote the program will also be included.
Agenda Date 06/08/2011 - page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 14, 2009, Council approved the request for project funding under the North Central Texas Council of Governments Request for Project Applications of the Regional Solid Waste Local Project Funding Program by Resolution No. 09-2534.
On May 26, 2010, Council approved the request for project funding under the North Central Texas Council of Governments Request for Project Applications of the Regional Solid Waste Local Project Funding Program by Resolution No. 10-1310.
FISCAL INFORMATION
$77,901 - Texas Commission on Environmental Quality Grant Funds$37,000 - In-Kind Contribution
COUNCIL CHAMBER
June 8, 2011
WHEREAS, the North Central Texas Council of Governments (NCTCOG) through funds designated by the Texas Commission on Environmental Quality (TCEQ) has awarded funds in the amount of $77,901 to fund a multi-use development recycling pilot program (Recycling IS Your Business) for ten (10) months; and
WHEREAS, the City of Dallas has agreed to provide In-Kind Contributions in the amount of $37,000; and WHEREAS, there is a continuing need for the City of Dallas to enhance its recycling program; and
WHEREAS, the City has been approved by the NCTCOG to implement a “Recycling IS Your Business” Grant Project for City of Dallas business customers;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager or designee is hereby authorized to enter into an agreement and accept grant funds for contract #11.04.G08 from the North Central Texas Council of Governments through funds designated by Texas Commission on Environmental Quality to implement a “Recycling IS Your Business” Grant Project for the period September 2010 through June 2011, and to execute any and all related documents required by the grant agreement.
Section 2. That the City Controller is hereby authorized to receive and deposit grant funds in Fund S235, Dept. SAN, Unit 7262, Revenue Source 6516, in an amount not to exceed $77,901.
Section 3. That the City Manager or designee is hereby authorized to establish appropriations in Fund S235, Dept. SAN, Unit 7262, Object Code 3099 in an amount not to exceed $77,901.
Section 4. That the City Controller be authorized to disburse from Fund S235, Dept. SAN, Unit 7262, Object 3099, in an amount not to exceed $77,901.
Section 5. That the City Manager is authorized to provide an In-Kind Contribution in the amount of $37,000.
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.
ADDENDUM ITEM # 8KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): 12
DEPARTMENT: Sustainable Development and Construction
CMO: A. C. Gonzalez, 671-8925
MAPSCO: 6 F G K L________________________________________________________________
SUBJECT
An ordinance granting a Planned Development District for mixed uses subject to conditions, a conceptual plan, and urban design guidelines on property zoned an R-7.5(A) Single Family District on the east line of Coit Road, south of Frankford Road – Financing: No cost consideration to the City
BACKGROUND
The City Council, on May 25, 2011, approved a Planned Development District for mixed uses on property zoned an R-7.5(A) Single Family District on the east line of Coit Road, south of Frankford Road, subject to the amendments read into the record, a conceptual plan, and urban design standards and asked that the ordinance be brought back on June 8, 2011. Attached is the conceptual plan for the Planned Development District.
PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On April 7, 2011, the City Plan Commission recommended approval of a Planned Development District for mixed uses on property zoned an R-7.5(A) Single Family District on the east line of Coit Road, south of Frankford Road, and asked that the conditions, conceptual plan, and urban design guidelines be brought back on the April 21, 2011, agenda.
On April 21, 2011, the City Plan Commission recommended approval of the conditions, conceptual plan, and urban design guidelines in conjunction with an application for a Planned Development District for mixed uses on property zoned an R-7.5(A) Single Family District on the east line of Coit Road, south of Frankford Road.
On May 25, 2011, the City Council approved a Planned Development District for mixed uses on property zoned an R-7.5(A) Single Family District on the east line of Coit Road, south of Frankford Road, subject to amendments, a conceptual plan, and urban design standards and asked that the ordinance be brought back on June 8, 2011.
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DA TE: February 07, 2011
HONORABLE MAYOR AND COUNCIL WEDNESDAY, MAY 25,2011
ACM: A.C. Gonzalez
FILE NUMBER: Z101-145(MG) DATE FILED: December 17, 2010
LOCATION:· East line of Coit Road, south of Frankford Road
COUNCIL DISTRICT: 12 MAPSCO: 6 F, G K, L
SIZE OF REQUEST:
APPLICANT:
OWNER:
REPRESENTATIVE:
Approx. 73.0 acres
Realty Appreciation, Ltd.
Texas A&M University
Jackson Walker, L.L.P.,William S. Dahlstrom
CENSUS TRACT: 318.04
REQUEST:
SUMMARY:
An application for a Planned Development District for mixeduses on property zoned an R-7.5(A) Single Family District.
The purpose of this request is to allow for the construction ofa mixed use development that consists of hotel, office,research, residential and retail uses. The development, onproperty owned by Texas A&M University, is intended toprovide a setting to test a variety of sustainable buildingmaterials, technology and methods and how such adevelopment impacts those that live and work there.
CPC RECOMMENDATION: Approval, subject to a conceptual plan, urbandesign guidelines, and conditions
STAFF RECOMMENDATION: Approval, subject to a conceptual plan, urbandesign guidelines and conditions
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Z101-145(MG)
TEXASA&MUNIVERSITY SYSTEM
• Timothy V. Coffey, Assistant General Counsel
• Andrew L. Strong, General Counsel
REALTYAPPRECIATION, LTO.
• Stewart L. Hoffman, President - registered agent
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5/24/2011
Notification List ofProperty Owners
ZlOl-145
12 Property Owners Notified oProperty Owners Opposed 1 Property Owner in Favor
Vote Label # Address Owner
1 17300 COIT TEXAS A&M UNIVERSITY
2 DALLAS AREA RAPID TRANSIT
3 WATERVIEW DALLAS INTERNATIONAL SCHOOL
4 17811 WATERVIEW INTERVOICE INC
5 18325 WATERVIEW PRIME DIAMOND INVESTMENT LTD
6 17717 COIT HILDERBRAND PARTNERSHIP THE
7 17817 COIT HUNTER S RUN APARTMENTS LP
8 17613 COIT FRIENDLY ACCESS SELF STORAGE LTD
9 17501 COIT ROSSMORE ENTERPRISES
10 17655 WATERVIEW BEHRINGER HARVARD WESTERN PORTFO
0 11 17509 COIT HH SUNSHINE INVESTMENT TX LP
12 8000 FRANKFORD REDWOOD-ERC DALLAS LLC
13 17919 WATERVIEW BOARD OF REGENTS OF THE
ADDENDUM ITEM # 9KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): All
DEPARTMENT: Sustainable Development and Construction
CMO: A. C. Gonzalez, 671-8925
MAPSCO: All________________________________________________________________
SUBJECT
An ordinance amending Article VII, “Sign Regulations,” Chapter 51A, the Dallas Development Code and Chapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code to: (1) amend regulations pertaining to detached non-premise signs (billboards); (2) provide appropriate regulations for digital billboards; and (3) establish an annual registration fee - Financing: No cost consideration to the City
BACKGROUND The City Council, on May 25, 2011, approved amendments to Chapter 51A, “Dallas Development Code,” of the Dallas City Code by adding a new Section 51A-7.308; and amendments to Chapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code by adding a new Subparagraph 303.5.5.3; allowing existing non-premise expressway signs to use digital display technology; requiring a sign face exchange ratio for digital display signs; providing operational requirements for digital display signs; requiring an annual registration fee; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date and requested the ordinance return at a later date. PRIOR ACTION / REVIEWS (COUNCIL, BOARDS, COMMISSIONS) On January 20, 2011, the City Plan Commission recommended approval of amending Article VII, “Sign Regulations,” Chapter 51A, the Dallas Development Code to amend regulations pertaining to detached non-premise signs (billboards) to provide appropriate regulations for digital billboards. On February 7, 2011, April 4, 2011, and April 18, 2011, the Economic Development Committee was briefed on the proposed amendments to Article VII, “Sign Regulations,” Chapter 51A, the Dallas Development Code to amend regulations pertaining to detached non-premise signs to provide appropriate regulations for digital billboards.
Agenda Date 06/08/2011 - page 2
PRIOR ACTION / REVIEWS (COUNCIL, BOARDS, COMMISSIONS)(continued)
On May 2, 2011, the Economic Development Committee recommended approval of amending Article VII, “Sign Regulations,” Chapter 51A, the Dallas Development Code to amend regulations pertaining to detached non-premise signs to provide appropriate regulations for digital billboards. On May 25, 2011, the City Council approved amendments to Chapter 51A, “Dallas Development Code,” of the Dallas City Code by adding a new Section 51A-7.308; and amendments to Chapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code by adding a new Subparagraph 303.5.5.3; allowing existing non-premise expressway signs to use digital display technology; requiring a sign face exchange ratio for digital display signs; providing operational requirements for digital display signs; requiring an annual registration fee; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date and requested the ordinance return at a later date. FISCAL INFORMATION No cost consideration to the City.
ADDENDUM ITEM # 10KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): N/A
DEPARTMENT: Mayor and City Council
CMO: N/A
MAPSCO: N/A________________________________________________________________
SUBJECT
An ordinance amending Chapter 15A of the Dallas City Code to: (1) define terms; and (2) clarify which persons are restricted from making campaign contributions to city council members and city council candidates during specified time periods relating to designated zoning cases, designated public subsidy matters, and city contracts - Financing: No cost consideration to the City
BACKGROUND
On November 9, 2009, the city council passed Ordinance No. 27749, which added Section 15A-4.1 to Chapter 15A, “Elections,” of the Dallas City Code to prohibit applicants in designated zoning cases and designated public subsidy matters and persons responding to requests for bids or proposals on city contracts from making campaign contributions to city council members during designated periods of time. After Ordinance No. 27749 became effective on December 1, 2009, some issues and questions were raised concerning the implementation and interpretation of Section 15A-4.1.
On April 13, 2011, the city council passed Ordinance No. 28169, which amended Section 15A-4.1 to: (1) redefine “applicant” so that the campaign contribution restrictions did not apply to employees and representatives of the property owner in a designated zoning case or designated public subsidy matter, but only applied to the property owner and the principals, executives, managers, family members, and affiliates of the property owner; (2) clarify that only the person responding to a request for bids or proposals on a city contract and that person’s principals, executives, managers, family members, and affiliates are subject to the campaign contribution restrictions; (3) expand the campaign contribution restrictions to apply to city council candidates and not just current city council members; (4) clarify that the restrictions apply to campaign contributions made to a specific-purpose political committee for a specific city council candidate, but not to campaign contributions made to a general-purpose political committee or a political committee established or funded by a corporation or labor organization under state or federal law; and (5) reduce the end of the campaign contribution restriction period from 60 days after the final action on the particular matter to 30 days after the final action.
Agenda Date 06/08/2011 - page 2
BACKGROUND (Continued)
After Ordinance No. 28169 became effective, some additional issues and questions were raised concerning the implementation and interpretation of Section 15A-4.1. The Mayor appointed an Ad Hoc Ethics Task Force to review the changes made by Ordinance No. 28169 and make recommendations. The task force met on May 19, 2011 and May 26, 2011 and recommended: (1) redefining “applicant” to make the campaign contribution restrictions apply to representatives of the property owner in a designated zoning case or designated public subsidy matter and to the representatives’ principals; (2) redefining “person responding to a request for bids or proposals" to make the campaign contribution restrictions apply to representatives of a bidder or proposer on a city contract and the representatives’ principals; (3) increasing the end of the campaign contribution restriction period from 30 days after the final action on the particular matter to 60 days after the final action; and (4) applying the campaign contribution restrictions to campaign contributions made by a political committee established or funded by a corporation or labor organization under state or federal law. The proposed ordinance would incorporate these recommendations.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This item has no prior action.
FISCAL INFORMATION
No cost consideration to the City.
1
6/6/11
ORDINANCE NO.
An ordinance amending Section 15A-4.1 of CHAPTER 15A, “ELECTIONS,” of the Dallas City
Code, as amended; defining terms; clarifying which persons are restricted from making campaign
contributions to city council members and city council candidates during specified time periods
relating to designated zoning cases, designated public subsidy matters, and city contracts;
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 15A-4.1, “Campaign Contributions by Applicants in
Designated Zoning Cases and Designated Public Subsidy Matters and by Bidders and Proposers
on City Contracts,” of Article I, “Campaign Contributions,” of CHAPTER 15A, “ELECTIONS,”
of the Dallas City Code, as amended, is amended to read as follows:
“SEC. 15A-4.1. CAMPAIGN CONTRIBUTIONS BY APPLICANTS IN
DESIGNATED ZONING CASES AND DESIGNATED PUBLIC
SUBSIDY MATTERS AND BY BIDDERS AND PROPOSERS ON
CITY CONTRACTS.
(a) In this section:
(1) AFFILIATED means the relationship created when one business entity is
the parent or subsidiary of another business entity or when multiple business entities are
subsidiaries of the same parent business entity.
(2) APPLICANT means any person who:
(A) owns all or part of the property that is the subject of a designated
zoning case or designated public subsidy matter;
(B) is a parent, child, spouse, or other family member within the first
degree of consanguinity or affinity, or the domestic partner, of:
2
(i) the property owner; or
(ii) any individual described in Paragraph (2)(E)[(D)] of this
subsection;
(C) is a representative of the property owner in connection with the
designated zoning case or designated public subsidy matter, and, if the representative is an entity,
includes any individual who holds with the entity any position described in Paragraph (2)(E)(i)
through (vii) of this subsection;
(D) is affiliated with the property owner; or
(E) [(D)] if the property owner is an entity, is an individual who
holds any of the following positions with the entity or with any affiliated business entity:
(i) the chief executive officer, chief financial officer, or chief
operating officer, or any person with equivalent duties, powers, and functions;
(ii) a member of the board of directors of a corporation;
(iii) a general partner of a general partnership or limited
partnership;
(iv) a manager of a limited liability company that is managed by
managers;
(v) a member of a limited liability company that is managed by
members entitled to manage the company;
(vi) a member of the board of directors of a cooperative
association; or
(vii) a trust manager of a real estate investment trust.
(3) CANDIDATE means a person who has filed an application with the city
secretary for a place on the official ballot in an impending election for one or more members of
the Dallas city council.
(4) DESIGNATED PUBLIC SUBSIDY MATTER means any of the
following:
(A) A tax abatement.
(B) A housing tax credit.
3
(C) An historic development tax abatement.
(D) Federal grant money administered by the city.
(E) Tax increment financing.
(F) An economic development grant or loan.
(5) DESIGNATED ZONING CASE means a change of zoning on a specific
property where:
(A) the property is 25 acres or more;
(B) the proposed floor area for retail or personal service uses is
200,000 square feet or more;
(C) the proposed floor area for industrial uses is one million square feet
or more;
(D) the proposed zoning change is to a multifamily district of 10 acres
or more;
(E) the proposed zoning change allows 60 dwelling units or more per
acre; or
(F) the city staff recommendation and the city plan commission
recommendation regarding the proposed change of zoning do not agree.
(b) An applicant in a designated zoning case shall not (either personally or through a
representative, employee, or agent) knowingly make a campaign contribution to a city council
member or candidate during the period between the date the first notices of a public hearing to
consider the designated zoning case by the city plan commission are mailed and the later of:
(1) 60 [30] days after the designated zoning case is withdrawn pursuant to
Section 51A-4.701(f) of the Dallas City Code;
(2) 60 [30] days after the date a decision of the city plan commission on the
designated zoning case becomes final and all opportunities for appeal are exhausted; or
(3) 60 [30] days after the date a final decision on the designated zoning case is
made by the city council either granting or denying the request.
(c) Subsection (b) does not apply to a change of zoning for historic districts,
conservation districts, or neighborhood stabilization overlays.
4
(d) An applicant in a designated public subsidy matter shall not (either personally or
through a representative, employee, or agent) knowingly make a campaign contribution to a city
council member or candidate from the time the matter is posted on a council committee agenda
or a council agenda, whichever occurs first, until 60 [30] days after the date the city council votes
on the designated public subsidy matter or the application for the designated public subsidy
matter is withdrawn by the applicant.
(e) A person responding to a request for bids or request for proposals on a city
contract shall not (either personally or through a representative, employee, or agent) knowingly
make a campaign contribution to a city council member or candidate from the time the
advertisement or public notification of the request for bids or request for proposals is made until
60 [30] days after the date the contract is awarded by the city council. For purposes of this
subsection, “person” includes:
(1) any individual responding to the request for bids or proposals;
(2) any entity responding to the request for bids or proposals and its affiliated
business entities;
(3) if the person responding to the request for bids or proposals is an entity,
any individual who holds with the entity (or with any affiliated business entity) any position
described in Subsection (a)(2)(E)[(D)](i) through (vii) of this section; [and]
(4) the parent, child, spouse, or other family member within the first degree of
consanguinity or affinity, or the domestic partner, of any individual described in Paragraph (1) or
(3) of this subsection; and
(5) a representative of the bidder or proposer in connection with the city
contract, and, if the representative is an entity, includes any individual who holds with the entity
any position described in Subsection (a)(2)(E)(i) through (vii) of this section.
(f) This section applies to a campaign contribution made to any specific-purpose
political committee that will ultimately contribute to an identified city council member or
candidate, and any campaign contribution made to the specific-purpose political committee
during the time restrictions imposed by this section will be considered to have been made to that
city council member or candidate. The time restrictions imposed by this section do not apply to
when the specific-purpose political committee makes a campaign contribution to the identified
city council member or candidate.
(g) This section applies to a campaign contribution made by any political committee
established, administered, financially supported, or assisted pursuant to state or federal law by a
corporation or labor organization that is an applicant in a designated zoning case or designated
public subsidy matter or that is the person responding to a request for bids or proposals on a city
contract. The time restrictions imposed by this section do not apply to when an individual
campaign contribution is received by the political committee, but only to when the political
committee actually makes the campaign contribution to the city council member or candidate.
5
(h) Except as provided in Subsection (g), this [This] section does not apply to a
campaign contribution made to or by[:
(1)] any general-purpose political committee[; or
(2) any political committee established, administered, financially supported,
or assisted by a corporation or labor organization pursuant to state or federal law].”
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 15A 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 immediately from and after its passage
and publication in accordance with the provisions of the Charter of the City of Dallas, and it is
accordingly so ordained.
APPROVED AS TO FORM:
THOMAS P. PERKINS, JR., City Attorney
By
Assistant City Attorney
Passed
LC/DCC/00509A
1
SECTION 15A-4.1: CAMPAIGN CONTRIBUTIONS BY APPLICANTS IN
DESIGNATED ZONING CASES AND DESIGNATED PUBLIC SUBSIDY MATTERS
AND BY BIDDERS AND PROPOSERS ON CITY CONTRACTS
Proposed Section 15A-4.1 of the
Dallas City Code as recommended by
the Ad Hoc Ethics Task Force
Current Section 15A-4.1 of the
Dallas City Code (Ordinance No. 28169,
adopted April 13, 2011)
Prior Section 15A-4.1 of the
Dallas City Code (Ordinance No. 27749,
adopted November 9, 2009 and effective
December 1, 2009)
I.
DEFINITION OF
AFFILIATED
AFFILIATED means the relationship created
when one business entity is the parent or
subsidiary of another business entity or when
multiple business entities are subsidiaries of the
same parent business entity. [See Section 15A-
4.1(a)(1).]
NOTE: Same as April 13, 2011 language.
AFFILIATED means the relationship created
when one business entity is the parent or
subsidiary of another business entity or when
multiple business entities are subsidiaries of the
same parent business entity.
NOTE: No real change. Definition was
merely written out instead of just referencing
Section 12A-2 of the city code.
AFFILIATED has the meaning given that term
in Section 12A-2 of the Dallas City Code.
NOTE: Under Section 12A-2 of the Dallas
City Code business entities are “affiliated” if
one is the parent or subsidiary of the other or
if they are subsidiaries of the same parent
business entity.
II.
DEFINITION OF
APPLICANT IN
DESIGNATED
ZONING CASES
AND
DESIGNATED
PUBLIC SUBSIDY
MATTERS
APPLICANT includes the following persons:
(1) The property owner in a designated zoning
case or designated public subsidy matter.
(2) A parent, child, spouse, or other family
member within the first degree of
consanguinity or affinity, or the domestic
partner, of:
(A) the property owner; or
(B) the principals of the property
owner if the property owner is an entity.
(3) A representative of the property owner in
connection with the designated zoning case or
designated public subsidy matter, and, if the
representative is an entity, includes the
representative’s principals.
(4) A person affiliated with the property
owner. Does not include a person affiliated
with a representative of the property owner.
APPLICANT includes the following persons:
(1) The property owner in a designated zoning
case or designated public subsidy matter.
(2) A parent, child, spouse, or other family
member within the first degree of
consanguinity or affinity, or the domestic
partner, of:
(A) the property owner; or
(B) the principals of the property
owner if the property owner is an entity.
(3) Does not include a person who represents
the property owner in connection with the
designated zoning case or designated public
subsidy matter.
(4) A person affiliated with the property
owner. Does not include a person affiliated
with a representative of the property owner.
APPLICANT includes the following persons:
(1) The property owner in a designated zoning
case or designated public subsidy matter.
(2) A parent, child, spouse, or other family
member within the first degree of consanguinity
or affinity, or the domestic partner, of:
(A) the property owner.
(B) Does not reference principals of
a property owner where property owner is an
entity.
(3) A person who represents the property
owner in connection with the designated zoning
case or designated public subsidy matter.
(4) A person affiliated with the property owner
or representative of the property owner.
2
Proposed Section 15A-4.1 of the
Dallas City Code as recommended by
the Ad Hoc Ethics Task Force
Current Section 15A-4.1 of the
Dallas City Code (Ordinance No. 28169,
adopted April 13, 2011)
Prior Section 15A-4.1 of the
Dallas City Code (Ordinance No. 27749,
adopted November 9, 2009 and effective
December 1, 2009)
II.
DEFINITION OF
APPLICANT IN
DESIGNATED
ZONING CASES
AND
DESIGNATED
PUBLIC SUBSIDY
MATTERS
(cont’d)
(5) If the property owner is an entity, any
individual holding any of the following
positions with the entity or with any affiliated
business entity (the principals):
(A) Chief executive officer, chief
financial officer, or chief operating officer, or
any person with equivalent duties, powers, and
functions.
(B) Member of the board of
directors of a corporation.
(C) General partner of a general
partnership or limited partnership.
(D) Manager of a limited liability
company that is managed by managers.
(E) Member of a limited liability
company that is managed by members entitled
to manage the company.
(F) Member of the board of
directors of a cooperative association.
(G) Trust manager of a real estate
investment trust.
(6) Does not include an employee of the
property owner (except for principals listed
above) or an employee of the property
owner’s representative.
[See Section 15A-4.1(a)(2).]
NOTE: Changes to April 13, 2011 language
are underlined.
(5) If the property owner is an entity, any
individual holding any of the following
positions with the entity or with any affiliated
business entity (the principals):
(A) Chief executive officer, chief
financial officer, or chief operating officer, or
any person with equivalent duties, powers, and
functions.
(B) Member of the board of
directors of a corporation.
(C) General partner of a general
partnership or limited partnership.
(D) Manager of a limited liability
company that is managed by managers.
(E) Member of a limited liability
company that is managed by members entitled
to manage the company.
(F) Member of the board of
directors of a cooperative association.
(G) Trust manager of a real estate
investment trust.
(6) Does not include an employee of the
property owner (except for principals listed
above) or an employee of the property
owner’s representative.
(5) Does not address if the property owner is
an entity; does not mention principals.
(6) An employee of the property owner or of
the property owner’s representative.
3
Proposed Section 15A-4.1 of the
Dallas City Code as recommended by
the Ad Hoc Ethics Task Force
Current Section 15A-4.1 of the
Dallas City Code (Ordinance No. 28169,
adopted April 13, 2011)
Prior Section 15A-4.1 of the
Dallas City Code (Ordinance No. 27749,
adopted November 9, 2009 and effective
December 1, 2009)
III.
DEFINITION OF
PERSON
RESPONDING TO
A REQUEST FOR
BIDS OR
PROPOSALS ON A
CITY CONTRACT
PERSON includes the following:
(1) Any individual responding to the request
for bids or proposals.
(2) Any entity responding to the request for
bids or proposals and its affiliated business
entities.
(3) If the person responding to the request for
bids or proposals is an entity, any individual
who holds with the entity (or with any affiliated
business entity) any of the following positions
(principals):
(A) Chief executive officer, chief
financial officer, or chief operating officer, or
any person with equivalent duties, powers, and
functions.
(B) Member of the board of
directors of a corporation.
(C) General partner of a general
partnership or limited partnership.
(D) Manager of a limited liability
company that is managed by managers.
(E) Member of a limited liability
company that is managed by members entitled
to manage the company.
(F) Member of the board of
directors of a cooperative association.
(G) Trust manager of a real estate
investment trust.
PERSON includes the following:
(1) Any individual responding to the request
for bids or proposals.
(2) Any entity responding to the request for
bids or proposals and its affiliated business
entities.
(3) If the person responding to the request for
bids or proposals is an entity, any individual
who holds with the entity (or with any affiliated
business entity) any of the following positions
(principals):
(A) Chief executive officer, chief
financial officer, or chief operating officer, or
any person with equivalent duties, powers, and
functions.
(B) Member of the board of
directors of a corporation.
(C) General partner of a general
partnership or limited partnership.
(D) Manager of a limited liability
company that is managed by managers.
(E) Member of a limited liability
company that is managed by members entitled
to manage the company.
(F) Member of the board of
directors of a cooperative association.
(G) Trust manager of a real estate
investment trust.
Does not include a definition or clarification
of “person” when an entity is responding to a
request for bids or proposals on a city
contract.
4
Proposed Section 15A-4.1 of the
Dallas City Code as recommended by
the Ad Hoc Ethics Task Force
Current Section 15A-4.1 of the
Dallas City Code (Ordinance No. 28169,
adopted April 13, 2011)
Prior Section 15A-4.1 of the
Dallas City Code (Ordinance No. 27749,
adopted November 9, 2009 and effective
December 1, 2009)
III.
DEFINITION OF
PERSON
RESPONDING TO
A REQUEST FOR
BIDS OR
PROPOSALS ON A
CITY CONTRACT
(cont’d)
(4) A parent, child, spouse, or other family
member within the first degree of
consanguinity or affinity, or the domestic
partner, of
(A) an individual responding to a
request for bids or proposals; or
(B) the principals of an entity
responding to a request for bids or proposals.
(5) A representative of the bidder or proposer
in connection with the city contract, and, if the
representative is an entity, includes the
representative’s principals.
[See Section 15A-4.1(e).]
NOTE: Changes to April 13, 2011 language
are underlined.
(4) A parent, child, spouse, or other family
member within the first degree of
consanguinity or affinity, or the domestic
partner, of
(A) an individual responding to a
request for bids or proposals; or
(B) the principals of an entity
responding to a request for bids or proposals.
(5) Does not include representatives of a
bidder or proposer on a city contract.
IV.
DEFINITION OF
CANDIDATE AND
EXPANSION OF
TIME
RESTRICTIONS
TO CANDIDATES
CANDIDATE means a person who has filed
an application with the city secretary for a
place on the official ballot in an impending
election for one or more members of the Dallas
city council. [See Section 15A-4.1(a)(3).]
Time restrictions are expanded to include
campaign contributions to all candidates, not
just to current council members. [See Sections
15A-4.1(b), (d), and (e).]
NOTE: Same as April 13, 2011 language.
CANDIDATE means a person who has filed
an application with the city secretary for a
place on the official ballot in an impending
election for one or more members of the Dallas
city council.
Time restrictions are expanded to include
campaign contributions to all candidates, not
just to current council members.
Does not include a definition of candidate.
Does not apply time restrictions to campaign
contributions to candidates.
5
Proposed Section 15A-4.1 of the
Dallas City Code as recommended by
the Ad Hoc Ethics Task Force
Current Section 15A-4.1 of the
Dallas City Code (Ordinance No. 28169,
adopted April 13, 2011)
Prior Section 15A-4.1 of the
Dallas City Code (Ordinance No. 27749,
adopted November 9, 2009 and effective
December 1, 2009)
V.
DATE WHEN
TIME
RESTRICTIONS
END ON A
DESIGNATED
ZONING CASE (30
OR 60 DAYS
AFTER FINAL
ACTION)
An applicant in a designated zoning case shall
not (either personally or through a
representative, employee, or agent) knowingly
make a campaign contribution to a city council
member or candidate during the period
between the date the first notices of a public
hearing to consider the designated zoning case
by the city plan commission are mailed and the
later of:
(1) 60 days after the designated zoning
case is withdrawn pursuant to Section 51A-
4.701(f) of the Dallas City Code;
(2) 60 days after the date a decision of
the city plan commission on the designated
zoning case becomes final and all opportunities
for appeal are exhausted; or
(3) 60 days after the date a final
decision on the designated zoning case is made
by the city council either granting or denying
the request. [See Section 15A-4.1(b).]
NOTE: Changes to April 13, 2011 language
are underlined.
An applicant in a designated zoning case shall
not (either personally or through a
representative, employee, or agent) knowingly
make a campaign contribution to a city council
member or candidate during the period
between the date the first notices of a public
hearing to consider the designated zoning case
by the city plan commission are mailed and the
later of:
(1) 30 days after the designated zoning
case is withdrawn pursuant to Section 51A-
4.701(f) of the Dallas City Code;
(2) 30 days after the date a decision of
the city plan commission on the designated
zoning case becomes final and all opportunities
for appeal are exhausted; or
(3) 30 days after the date a final
decision on the designated zoning case is made
by the city council either granting or denying
the request.
An applicant in a designated zoning case shall
not (either personally or through a
representative, employee, or agent) knowingly
make a campaign contribution to a city council
member during the period between the date the
first notices of a public hearing to consider the
designated zoning case by the city plan
commission are mailed and the later of:
(1) 60 days after the designated zoning
case is withdrawn pursuant to Section 51A-
4.701(f) of the Dallas City Code;
(2) 60 days after the date a decision of
the city plan commission on the designated
zoning case becomes final and all opportunities
for appeal are exhausted; or
(3) 60 days after the date a final
decision on the designated zoning case is made
by the city council either granting or denying
the request.
V.
DATE WHEN
TIME
RESTRICTIONS
END ON A
DESIGNATED
PUBLIC SUBSIDY
MATTER
(30 OR 60 DAYS
AFTER FINAL
ACTION)
An applicant in a designated public subsidy
matter shall not (either personally or through a
representative, employee, or agent) knowingly
make a campaign contribution to a city council
member or candidate from the time the matter
is posted on a council committee agenda or a
council agenda, whichever occurs first, until 60
days after the date the city council votes on the
designated public subsidy matter or the
application for the designated public subsidy
matter is withdrawn by the applicant. [See
Section 15A-4.1(d).]
NOTE: Changes to April 13, 2011 language
are underlined.
An applicant in a designated public subsidy
matter shall not (either personally or through a
representative, employee, or agent) knowingly
make a campaign contribution to a city council
member or candidate from the time the matter
is posted on a council committee agenda or a
council agenda, whichever occurs first, until 30
days after the date the city council votes on the
designated public subsidy matter or the
application for the designated public subsidy
matter is withdrawn by the applicant.
An applicant in a designated public subsidy
matter shall not (either personally or through a
representative, employee, or agent) knowingly
make a campaign contribution to a city council
member from the time the matter is posted on a
council committee agenda or a council agenda,
whichever occurs first, until 60 days after the
date the city council votes on the designated
public subsidy matter or the application for the
designated public subsidy matter is withdrawn
by the applicant.
6
Proposed Section 15A-4.1 of the
Dallas City Code as recommended by
the Ad Hoc Ethics Task Force
Current Section 15A-4.1 of the
Dallas City Code (Ordinance No. 28169,
adopted April 13, 2011)
Prior Section 15A-4.1 of the
Dallas City Code (Ordinance No. 27749,
adopted November 9, 2009 and effective
December 1, 2009)
V.
DATE WHEN
TIME
RESTRICTIONS
END ON A CITY
CONTRACT
(30 OR 60 DAYS
AFTER FINAL
ACTION)
A person responding to a request for bids or
proposals on a city contract shall not (either
personally or through a representative,
employee, or agent) knowingly make a
campaign contribution to a city council
member or candidate from the time the
advertisement or public notification of the
request for bids or proposals is made until 60
days after the date the contract is awarded by
the city council.
[See Section 15A-4.1(e).]
NOTE: Changes to April 13, 2011 language
are underlined.
A person responding to a request for bids or
proposals on a city contract shall not (either
personally or through a representative,
employee, or agent) knowingly make a
campaign contribution to a city council
member or candidate from the time the
advertisement or public notification of the
request for bids or proposals is made until 30
days after the date the contract is awarded by
the city council.
A person responding to a request for bids or
request for proposals on a city contract shall
not (either personally or through a
representative, employee, or agent) knowingly
make a campaign contribution to a city council
member from the time the advertisement or
public notification of the request for bids or
request for proposals is made until 60 days
after the date the contract is awarded by the city
council.
VI.
CAMPAIGN
CONTRIBUTIONS
TO SPECIFIC-
PURPOSE
POLITICAL
COMMITTEES
The time restrictions apply to a campaign
contribution made to any specific-purpose
political committee that will ultimately
contribute to an identified city council member
or candidate, and any campaign contribution
made to the specific-purpose political
committee during the time restrictions will be
considered to have been made to that city
council member or candidate. The time
restrictions do not apply to when the specific-
purpose political committee makes a campaign
contribution to the identified city council
member or candidate.
[See Section 15A-4.1(f).]
NOTE: Same as April 13, 2011 language.
The time restrictions apply to a campaign
contribution made to any specific-purpose
political committee that will ultimately
contribute to an identified city council member
or candidate, and any campaign contribution
made to the specific-purpose political
committee during the time restrictions will be
considered to have been made to that city
council member or candidate. The time
restrictions do not apply to when the specific-
purpose political committee makes a campaign
contribution to the identified city council
member or candidate.
Does not address campaign contributions to
political committees.
7
Proposed Section 15A-4.1 of the
Dallas City Code as recommended by
the Ad Hoc Ethics Task Force
Current Section 15A-4.1 of the
Dallas City Code (Ordinance No. 28169,
adopted April 13, 2011)
Prior Section 15A-4.1 of the
Dallas City Code (Ordinance No. 27749,
adopted November 9, 2009 and effective
December 1, 2009)
VI.
CAMPAIGN
CONTRIBUTIONS
BY
CORPORATION
FORMED
POLITICAL
COMMITTEES
The time restrictions apply to a campaign
contribution made by any political committee
established, administered, financially
supported, or assisted pursuant to state or
federal law by a corporation or labor
organization that is an applicant in a designated
zoning case or designated public subsidy
matter or that is the person responding to a
request for bids or proposals on a city contract.
The time restrictions do not apply to when an
individual campaign contribution is received
by the political committee, but only to when
the political committee actually makes the
campaign contribution to the city council
member or candidate.
[See Section 15A-4.1(g).]
NOTE: Changes to April 13, 2011 language
are underlined.
The time restrictions do not apply to a
campaign contribution made to or by the
following:
(1) Any general-purpose political
committee.
(2) Any political committee established,
administered, financially supported, or assisted
by a corporation or labor organization pursuant
to state or federal law.
Does not address campaign contributions to
political committees.
VI.
CAMPAIGN
CONTRIBUTIONS
TO AND BY
GENERAL-
PURPOSE
POLITICAL
COMMITTEES
The time restrictions do not apply to a
campaign contribution made to or by a general-
purpose political committee.
[See Section 15A-4.1(h).]
NOTE: Same treatment of general purpose
political committees as in April 13, 2011
ordinance, but language was changed to
move corporation formed political committees
to Section 15A-4.1(g).
The time restrictions do not apply to a
campaign contribution made to or by the
following:
(1) Any general-purpose political
committee.
(2) Any political committee
established, administered, financially
supported, or assisted by a corporation or labor
organization pursuant to state or federal law.
Does not address campaign contributions to
political committees.
1
AD HOC ETHICS TASK FORCE RECOMMENDATIONSAD HOC ETHICS TASK FORCE RECOMMENDATIONSAD HOC ETHICS TASK FORCE RECOMMENDATIONSAD HOC ETHICS TASK FORCE RECOMMENDATIONS
RELATING TO SECTION 15ARELATING TO SECTION 15ARELATING TO SECTION 15ARELATING TO SECTION 15A----4.1: CAMPAIGN CONTRIBUTIONS BY 4.1: CAMPAIGN CONTRIBUTIONS BY 4.1: CAMPAIGN CONTRIBUTIONS BY 4.1: CAMPAIGN CONTRIBUTIONS BY APPLICANTS IN APPLICANTS IN APPLICANTS IN APPLICANTS IN
DESIGNATED ZONING CASES AND DESIGNATED PUBLIC SUBSIDY MATTERS AND DESIGNATED ZONING CASES AND DESIGNATED PUBLIC SUBSIDY MATTERS AND DESIGNATED ZONING CASES AND DESIGNATED PUBLIC SUBSIDY MATTERS AND DESIGNATED ZONING CASES AND DESIGNATED PUBLIC SUBSIDY MATTERS AND
BY BIDDERS AND PROPOSERS ON CITY CONTRACTSBY BIDDERS AND PROPOSERS ON CITY CONTRACTSBY BIDDERS AND PROPOSERS ON CITY CONTRACTSBY BIDDERS AND PROPOSERS ON CITY CONTRACTS
The task force recommends the following actions relating to the April 13, 2011 changes to
Section 15A-4.1 as identified below:
I. DEFINITION OF AFFILIATED
Keep the April 13, 2011 definition of “affiliated” to mean “the relationship created when one
business entity is the parent or subsidiary of another business entity or when multiple
business entities are subsidiaries of the same parent business entity.” The April 13, 2011
amendment was not a substantive change; the definition was just written out instead of
referencing Section 12A-2 of the Dallas City Code as in the November 9, 2009 ordinance.
II. DEFINITION OF APPLICANT IN DESIGNATED ZONING CASES AND
DESIGNATED PUBLIC SUBSIDY MATTERS
PRINCIPALS: Keep the April 13, 2011 inclusion of “principals” in the definition of
“applicant” in a designated zoning case or designated public subsidy matter for the purpose
of addressing when the property owner is an entity.
REPRESENTATIVES: Add back representatives (including their principals) to the
definition of “applicant” in a designated zoning case or designated public subsidy matter.
(Representatives had been removed by the April 13, 2011 changes.)
EMPLOYEES: Leave employees of a property owner and employees of a property
owner’s representative out of the definition of “applicant” in a designated zoning case or
designated public subsidy matter. (Employees had been removed by the April 13, 2011
changes.)
AFFILIATED BUSINESSES: Keep affiliated businesses of the property owner in the
definition of “applicant” in a designated zoning case or designated public subsidy matter, but
leave out affiliated businesses of the property owner’s representative, which had been
removed previously by the April 13, 2011 changes.
III. DEFINITION OF PERSON RESPONDING TO A REQUEST FOR BIDS OR
PROPOSALS ON A CITY CONTRACT
PRINCIPALS: Keep the April 13, 2011 addition of a definition of “person” responding to
a request for bids or proposals on a city contract, which includes the individual
bidder/proposer, the bidding/proposing entity and its affiliated businesses and principals, and
certain family members of the individual bidder/proposer and of the principals of a
bidding/proposing entity.
2
REPRESENTATIVES: Add representatives (including their principals) to the definition of
“person” responding to a request for bids or proposals on a city contract. (Representatives
were not addressed for bidders and proposers in the April 13, 2011 changes.)
EMPLOYEES: Do not include employees of a bidder/proposer or employees of a
bidder’s/proposer’s representative in the definition of “person” responding to a request for
bids or proposals on a city contract. (Employees were not addressed for bidders and
proposers in the April 13, 2011 changes.)
AFFILIATED BUSINESSES: Keep affiliated businesses of a bidder/proposer in the
definition of “person” responding to a request for bids or proposals on a city contract, but do
not include affiliated businesses of the bidder’s/proposer’s representatives. (Affiliated
businesses of representatives were not addressed for bidders and proposers in the April 13,
2011 changes.)
IV. DEFINITION OF CANDIDATE AND EXPANSION OF TIME RESTRICTIONS TO
CANDIDATES
Keep the April 13, 2011 definition of “candidate” and the expansion of time restrictions to
campaign contributions made to city council candidates.
V. DATE CAMPAIGN CONTRIBUTION RESTRICTION PERIOD ENDS
Increase the end date to 60 days after final action on a designated zoning case, designated
public subsidy matter, or city contract award. (The April 13, 2011 changes had reduced the
end date to 30 days.)
VI. CAMPAIGN CONTRIBUTIONS TO POLITICAL COMMITTEES
SPECIFIC PURPOSE: Keep the April 13, 2011 clarification that campaign contributions
made to a specific-purpose political committee are subject to the time restrictions.
CORPORATE: Apply the time restrictions to campaign contributions made by (but not to)
a political committee formed by a corporation that is an “applicant” or “person responding to
bids or proposals.” (The April 13, 2011 ordinance exempted corporation-formed political
committees from the time restrictions.)
GENERAL PURPOSE: Keep the April 13, 2011 clarification that campaign contributions
made to a general-purpose political committee are not subject to the time restrictions.
ADDENDUM ITEM # 11KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: June 8, 2011
COUNCIL DISTRICT(S): 5
DEPARTMENT: Housing/Community Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: 65G________________________________________________________________
SUBJECT
Authorize (1) the acceptance of $8,492,000 of Community Development Block Grant Section 108 Guaranteed Loan funds (Section 108 Loan funds) from the U.S. Department of Housing and Urban Development (HUD) for the Lancaster Urban Village community economic development project; (2) a loan agreement with City Wide Community Development Corporation (City Wide CDC) in the amount of $8,492,000 of Section 108 funds for the Lancaster Urban Village community economic development project including public infrastructure, sitework, commercial development, residential development, and development of a parking garage for a mixed-use, transit-oriented development along the South Lancaster Road corridor across from the Veterans Affairs Medical Center (V.A.) at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue, and for a loan interest reserve; (3) the City Manager, to enter into all necessary agreements with HUD including a Funding Approval/Agreement, a Fiscal Agency Agreement, a Promissory Note, up to two letters of agreement, for establishment of a custodial account, documents relating to additional security if required by HUD, and a letter requesting advance funds for interim financing; (4) the City Manager to establish appropriations for the Section 108 funds; and (5) the City Controller to deposit and disburse funds from an identified account - Total not to exceed $8,492,000 - Financing: Community Development Block Grant Section 108 Guaranteed Loan Funds
BACKGROUND
In January 2009, the City Council adopted the Community Development Block Grant Section 108 Guarantee Loan Fund Program to provide up to a total of all Section 108 projects of $75,000,000, primarily to increase the amount of funding available for economic development through making of loans that promote activities which contribute to the development of viable communities by providing decent housing and a suitable living environment, and by promoting local economic development to stimulate business and commercial activity in the City of Dallas leading to creation of permanent jobs and provision of goods and services to project areas.
Agenda Date 06/08/2011 - page 2
BACKGROUND (Continued)
The City seeks to fund projects that increase the level of business activity by expanding economic activities and increase the level of affordable housing in the project area. It is also important to the City that Section 108 loan repayments from borrowers match the City’s required repayments to HUD on the Section 108 Guarantee Loan. Annual repayments of Section 108 Guarantee loans should be credit enhanced to eliminate risk of City making payments from annual CDBG allocations. The City has applied to HUD for 3 years of interest reserve to cover the interest payments on the HUD Section 108 loan during the construction and lease up period of the project. The Lancaster Urban Village project is in the TOD Tax Increment Financing (TIF) area and the future TOD TIF funds available to the project will be used to repay the City’s loan to the project.
The City received a proposal from Lancaster Urban Village Commercial LLC for a loan in the amount of $7,400,000 in Community Development Block Grant Section 108 Guarantee Loan funds for acquisition of 3.5 acres of land located at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue to be developed into 14,131 square feet of retail/office space to create employment opportunities and provide community-serving businesses for the area. Additionally, the proposal called for the development to provide 193 apartment units with 20% (39) of the units deed restricted for 15 years for affordability to families with incomes at 80% or less of Area Median Family Income. The total development also provided for a 395-space parking garage to be completed in conjunction with a proposed expansion of the Dallas Urban League Campus directly north of the project. The Lancaster Urban Village project site is located in CDBG-eligible Census Tract 57.
After the City Council public hearing held on June 23, 2010, the City Council approved the submission of the Lancaster Urban Village application to HUD.
Before the City submitted the application to HUD, the City received an amended proposal from Lancaster Urban Village Commercial LLC for funding for Lancaster Urban Village project increasing the amount from $7,400,000 to $8,492,000 in Community Development Block Grant Section 108 Guarantee Loan funds for acquisition of an additional 1.7 acres of land, increasing the total acquisition from 3.5 acres to 5.2 acres of land located at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue, to be developed into 13,926 square feet of retail/office space to create employment opportunities and provide community-serving businesses for the area. Additionally, the development would provide 193 apartment units with an increased percentage of affordable units from 20% (39) of the units to 51% (98) of the units deed restricted for 15 years for affordability to families with incomes at 80% or less of Area Median Family Income. The amended proposal also sought Section 108 funding for an additional 10 parking spaces increasing the total spaces in the parking garage from 395 to 405.
Agenda Date 06/08/2011 - page 3
BACKGROUND (Continued)
The City Council held a public hearing held on November 17, 2010, complying with HUD regulations and the City's Citizen Participation Plan of 30 days comment period from date of call of public hearing and following the public hearing authorized the City Manager to submit a Section 108 loan application to HUD based on the revised application for funding from the developer.
Total project costs to acquire property and to fund sitework, interest reserve, and development of the Lancaster Urban Village mixed-use, transit-oriented development consisting of commercial/retail/office space and 193 apartment units at southwest quadrant of intersection of South Lancaster Road and Ann Arbor Boulevard are approximately $26.8M with the City contributing 44%. Funding for the project will come from the proposed $8.5M Section 108 Loan funds and from public private partnership funding of $3.2M, a first lien note of $12.0M, and new market tax credits of $3.1M.
The Section 108 Loan Application was filed with HUD on November 23, 2010. The initial Section 108 loan application submitted to HUD requested $8,492,000 for the project at an interest rate determined by the 3 month London Interbank Offered Rate (LIBOR) plus 20 basis points, with three years of interest reserve escrowed at the construction loan closing. Tax Increment Financing District (TIF) proceeds would be used to make the Section 108 Lancaster Urban Village Loan payments for the nine years starting in 2013 until the Section 108 Lancaster Urban Village Loan is paid. The interest rate on the Section 108 Lancaster Urban Village Loan would be .5% higher than the Section 108 loan from HUD and both loans will have matching amortization. All loan payments by borrower would provide adequate funds for the City to make its payments on the Section 108 Loan from HUD.
The Section 108 Loan funds were to be used to acquire property and fund sitework, commercial development and development of the commercial spaces of a parking garage and to fund interest reserve. The project would meet the statements of community development objectives in the City’s Consolidated Plan dealing with creation of employment opportunities with the creation of 72 jobs for low/moderate-income employees. Further, the HUD national objective of creating affordable housing would be met with the provision of 51% of the units reserved for low/moderate-income families.
During HUD’s review of the application, HUD recommended that the application be revised to identify the project as a community economic development project that includes activities that will increase economic opportunity principally for low- and moderate-income persons, create permanent jobs and provide affordable housing accessible to both existing and planned jobs, and to modify the project budget so that the Section 108 Loan funds would be used for retail, restaurant, small office and commercial construction; sitework; public improvements; loan interest reserve; and residential construction rather than land acquisition.
Agenda Date 06/08/2011 - page 4
BACKGROUND (Continued)
HUD’s recommended revision allows the Section 108 loan funds to be used for residential and commercial construction as well as for public infrastructure and loan interest reserve. The change of the use of funds for residential construction requires a change to the borrower of the Section 108 funds from Lancaster Urban Village Commercial LLC, the solely commercial construction borrower, to City Wide Community Development Corporation which owns controlling interests in both the commercial construction and residential construction limited liability corporations.
This action item requests authorization for the City Manager to execute the documents necessary to enter into an $8,492,000 Section 108 loan agreement with HUD, to appropriate the Section 108 loan funds to the proper account, to execute a loan agreement with City Wide Community Development Corporation for the development of a mixed-use transit-oriented community economic development project at the southwest quadrant of the intersection of Lancaster Road and Anne Arbor Avenue including retail, restaurant, small office and commercial construction, residential construction, sitework, public improvements, and loan interest reserve.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 17, 2008, the Economic Development Committee and the Housing Committee were briefed and gave favorable approval on CDBG Section 108 Loan Application authorization for the use of Section 108 Guarantee Loan funds to provide project gap financing or mezzanine debt necessary to move projects forward in today’s financial market, to minimize, if not eliminate, the risk to the CDBG program revenue and set guidelines by which the funds would be used.
On January 5, 2009, the Economic Development Committee and the Housing Committee were briefed and gave favorable approval on CDBG Section 108 Guarantee Loan fund application requirements and proposed Program Guidelines for City to apply for up to a total of $75,000,000 in guarantee loans.
On January 28, 2009, the City Council adopted CDBG Section 108 Guarantee Loan Program Statement, setting out the program purpose, description, operations and project criteria by Resolution No. 09-0291.
On May 3, 2010, the Housing Committee was briefed on the Community Development Block Grant Section 108 Guaranteed Loan Application to HUD for the Lancaster Urban Village Development and voted to favorably recommend that the City apply for Section 108 Guarantee Loan funds for the project.
On May 12, 2010, the City Council authorized a public hearing to be held on June 23, 2010 to receive comments on the proposed City of Dallas submission of an application to HUD for a Section 108 loan not to exceed $7,400,000 for the Lancaster Urban Village project by Resolution No. 10-1265.
Agenda Date 06/08/2011 - page 5
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued)
On June 23, 2010, the City Council held a public hearing and authorized submission of a Section 108 Guarantee Loan Program loan application to HUD for a Community Development Block Grant Section 108 Program loan in the amount of $7,400,000 to fund Lancaster Urban Village Commercial LLC for land acquisition at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue and to fund sitework, a loan interest reserve, and commercial development for a mixed-use, transit-oriented development along the South Lancaster Road corridor across from the Veterans Affairs Medical Center by Resolution No. 10-1678.
On October 13, 2010, the City Council authorized a public hearing to be held on November 17, 2010, to receive comments on an amended City of Dallas proposal to submit an application to the U.S. Department of Housing and Urban Development for a Community Development Block Grant Section 108 Loan Program loan in the amount of $8,492,000 by Resolution No. 10-2652.
On November 17, 2010, the City Council held a public hearing and following the public hearing authorized submission of a Section 108 Guarantee Loan Program loan application to HUD for a Community Development Block Grant Section 108 Program loan in the amount of $8,492,000 to fund Lancaster Urban Village Commercial LLC for land acquisition at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue and to fund sitework, a loan interest reserve, and commercial development for a mixed-use, transit-oriented development along the South Lancaster Road corridor across from the Veterans Affairs Medical Center by Resolution No. 10-2947.
FISCAL INFORMATION
Community Development Block Grant Section 108 Guaranteed Loan Funds - $8,492,000
OWNERS
City Wide Community Development Corporation
Sherman Roberts, President/CEO
DEVELOPERS
City Wide Community Development Corporation
Sherman Roberts, President/CEO
I/Iapsco, Inc.
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COUNCIL CHAMBER
June 8, 2011
WHEREAS, the City of Dallas seeks to increase the amount of funding available for economic development through making loans that promote activities which contribute to the development of viable communities by providing decent housing and a suitable living environment, and by promoting local economic development to stimulate business and commercial activity in the city of Dallas leading to creation of permanent jobs and provision of goods and services to project areas; and
WHEREAS, on November 17, 2008, the Economic Development Committee and the Housing Committee were briefed and gave favorable approval on CDBG Section 108 Loan Application authorization for the use of Section 108 Guarantee Loan funds to provide project gap financing or mezzanine debt necessary to move projects forward in today’s financial market, to minimize, if not eliminate, the risk to the CDBG program revenue and set guidelines by which the funds would be used; and
WHEREAS, on January 5, 2009, the Economic Development Committee and the Housing Committee were briefed and gave favorable approval on CDBG Section 108 Guarantee Loan fund application requirements and proposed Program Guidelines for the City to apply for up to a total of $75,000,000 in guarantee loans; and
WHEREAS, on January 28, 2009, the City Council adopted CDBG Section 108 Guarantee Loan Program Statement, setting out the program purpose, description, operations and project criteria by Resolution No. 09-0291; and
WHEREAS, on May 3, 2010, the Housing Committee was briefed on the Community Development Block Grant Section 108 Guaranteed Loan Application to HUD for the Lancaster Urban Village Development and voted to favorably recommend that the City apply for Section 108 Guarantee Loan funds for the project; and
WHEREAS, on May 12, 2010, the City Council authorized a public hearing to be held on June 23, 2010 to receive comments on the proposed City of Dallas submission of an application to HUD for a Section 108 loan in an amount not to exceed $7,400,000 for the Lancaster Urban Village project by Resolution No. 10-1265; and
WHEREAS, on June 23, 2010, the City Council held a public hearing and approved submission of an application to the U.S. Department of Housing and Urban Development (HUD) for a Community Development Block Grant Section 108 Guaranteed Loan Program loan in the amount of $7,400,000 to fund Lancaster Urban Village Commercial, LLC for land acquisition, sitework, a loan interest reserve, and commercial development for a mixed-use, transit-oriented development along the South Lancaster Road corridor across from the Veterans Affairs Medical Center by Resolution No. 10-1678; and
COUNCIL CHAMBER
June 8, 2011
WHEREAS, the developer has submitted an amended project proposal to increase the amount of the Section 108 loan funds from $7,400,000 to $8,492,000 to increase the total land acquisition from 3.5 acres to 5.2 acres located at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue; to increase the number of affordable units from 20% (39) of total units to 51% (98) of total units deed restricted for 15 years for affordability for families with incomes at 80% or less of Area Median Family Income; and to add 10 additional parking spaces increasing the total spaces in the parking garage from 395 to 405; and
WHEREAS, on October 13, 2010, the City Council authorized a public hearing to be held on November 17, 2010, to receive comments on an amended City of Dallas application to the U.S. Department of Housing and Urban Development for a Community Development Block Grant Section 108 Loan Program loan in the amount of $8,492,000 by Resolution No. 10-2652; and
WHEREAS, on November 17, 2010, the City Council held a public hearing and, following the public hearing authorized the City Manager to submit an amended application to the U.S. Department of Housing and Urban Development for a Community Development Block Grant Section 108 Loan Program loan in the amount of $8,492,000 by Resolution No. 10-2947; and
WHEREAS, on November 23, 2010, the City of Dallas apply to HUD for Community Development Section 108 Guarantee Loan funds in the increased amount of $8,492,000 for a Section 108 loan for Lancaster Urban Village Commercial LLC to develop Lancaster Urban Village, a mixed-use, transit-oriented project at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue, which consists of land acquisition, sitework, commercial development, development of a parking garage, and funding of a loan interest reserve; and
WHEREAS, during HUD’s review of the application, HUD recommended that the application be revised to identify the project as a community economic development project that includes activities that will increase economic opportunity principally for low- and moderate-income persons, create permanent jobs and provide affordable housing accessible to both existing and planned jobs, and to modify the project budget so that the Section 108 Loan funds would be used for retail, restaurant, small office and commercial construction; sitework; public improvements; loan interest reserve; and residential construction rather than land acquisition; and
COUNCIL CHAMBER
June 8, 2011
WHEREAS, the City of Dallas desires to enter into a loan agreement with HUD to borrow $8,492,000 under the Community Development Block Grant Section 108 Guaranteed Loan Program and to use the Section 108 funds to provide a development loan to City Wide Community Development Corporation in the amount of $8,492,000 for the development of a mixed-use transit-oriented community economic development project at the southwest quadrant of the intersection of Lancaster Road and Ann Arbor Avenue including retail, restaurant, small office and commercial construction, residential construction, sitework, public improvements, and loan interest reserve. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager, upon the U.S. Department of Housing and Urban Development’s (HUD’s) approval of the Lancaster Urban Village community economic development project and the use of Community Development Block Grant Section 108 Guarantee Loan funds (Section 108 Loan funds) for the project, and upon approval as to form by the City Attorney, is hereby authorized to accept $8,492,000 in Section 108 funds for the Lancaster Urban Village project for economic development of the Lancaster Corridor Neighborhood Investment Program area including activities that lead to creation of permanent jobs, provisions of goods and services, and address a lack of affordable housing accessible to the planned jobs.
Section 2. That the City Manager, subject to approval as to form by the City Attorney, is authorized to enter into a Fiscal Agency Agreement with the local fiscal agent selected by HUD, a Contract for Loan Guarantee Assistance with HUD, a Promissory Note for either interim or permanent financing, two letters of agreement with a custodian and establishment of custodial accounts at a financial institution, other documents relating to additional security which are required by HUD when the term of the loan is ten years or more, and if funds are needed immediately, a letter requesting advance funds for interim financing.
Section 3. That, in connection with this Section 108 Loan, the City Manager is further authorized to execute any other necessary documents, upon approval as to form by the City Attorney, including, but not limited to, a Funding Approval/Agreement, assignment of lien to HUD, blank endorsement of note to HUD, Co-lenders agreement, a request for project funding, and Community Development Block Grant Contract.
COUNCIL CHAMBER
June 8, 2011
Section 4. That the City Manager is authorized to enter into a loan agreement and execute, subject to approval as to form by the City Attorney, all necessary loan documents with City Wide Community Development Corporation (City Wide CDC) for the development of the mixed-use transit-oriented Lancaster Urban Village community economic development project for along the South Lancaster Road corridor across from the Veterans Affairs medical center at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue to fund development costs for public improvements, commercial/retail/office construction, residential construction, garage construction, and Section 108 loan interest reserve.
Section 5. That the terms of the loan documents include:
a. The Borrower must execute a Note payable to the City of Dallas for no more than $8,492,000 for the community economic development loan, and will execute a Deed of Trust for the period of HUD’s Section 108 loan with the City, and Deed Restrictions on the property for a period of fifteen (15) years from the closing date of the loan. The interest payments for the first three years of the loan will be funded out of three years of interest reserve and Tax Increment Financing District (TIF) reimbursements to be used to make City Loan payments until the City Loan is paid in full. Both the Section 108 Loan from HUD and the City Loan to the Borrower will have matching amortization and maturity dates, and the Section 108 Lancaster Urban Village Loan will have an interest rate which is .5% higher than the Section 108 Loan from HUD. All loan payments by borrower will provide adequate funds for City to make its payment on the Section 108 Loan from HUD.
b. The Borrower must use Section 108 loan funds to complete construction of approximately 13,926 square feet of retail, restaurant, small office and commercial space, to complete construction of a garage with approximately 405 parking spaces, to complete construction of approximately 193 units of multi-family rental and to complete site work and necessary public improvements on the 5.2 acres of real property located at the southwest quadrant of the intersection of South Lancaster Road and Ann Arbor Avenue.
c. The retail, restaurant, small office and commercial space must produce a minimum of 72 jobs or goods and services of no more than $1,000 per low/moderate income residing in the area; 51% (98 of 193 units) will be rented to households at 80% or less of area median income.
d. Borrower will begin construction no later than twelve (12) months from contract execution and obtain Certificate of Occupancy no later than three (3) years of the closing of the City loan and will expend all of the funds except interest reserve funds within three (3) years of the closing of the City loan and will expend all of the funds except those necessary to meet debt service requirements.
COUNCIL CHAMBER
June 8, 2011
Section 5. (continued)
e. Borrower will document and report ongoing occupancy requirements on a monthly basis for the commercial and residential tenants and will report on the income of the households residing in the 51% affordable residential units. Borrower will also document job creation and provision of goods and services as necessary to meet the HUD requirements for public benefit and the National Objectives of the Section 108 program.
f. Borrower must provide source documentation for all other sources of funds necessary to complete the Lancaster Urban Village project.
Section 6. That the City Manager, upon approval as to form by the City Attorney, is authorized to execute a subordination of lien and an intercreditor agreement with a lender who is providing interim construction financing on the property and with a New Market Tax Credits investor, if necessary.
Section 7. That the City Manager, upon approval as to form by the City Attorney, is authorized to execute releases of liens on the properties upon compliance with the terms.
Section 8. That the City Manager is authorized to establish appropriations in the amount of $8,492,000 in Fund 0J51, Unit 0J5A, Obj 3090, for project costs and those necessary to make repayments to HUD.
Section 9. That the City Controller is authorized to accept and deposit Section 108 Loan funds in the amount of $8,492,000 in Fund 0J51, Unit 0J5A, Revenue Source 8449, for project costs and those necessary to make repayments to HUD.
Section 10. That the City Controller is hereby authorized to encumber and disburse funds in accordance with the terms and conditions of the loan documents authorized in Section 2 as follows:
City Wide Community Development Corporation Vendor # VS0000026872
Fund 0J51, Dept HOU Unit 0J5A, Obj 3075 , Program # LUVillage CT HOU065AI570 - in an amount not to exceed $8,492,000
Section 11. That the City Controller is hereby authorized to set up receivable balance sheet account (033F) and deferred revenue (088M) in Fund 0J51 for the amount of the loan.
COUNCIL CHAMBER
June 8, 2011
Section 12. That the City Controller is authorized to accept and deposit TIF reimbursements into Fund 0J51 necessary to make HUD repayments. Principal amounts to be deposited into Revenue Source 8503 and interest amounts of the loan to be deposited into Revenue Source 8556.
Section 13. That the City Controller is authorized to accept and deposit repayments from the Borrower into Fund 0J51 necessary to make HUD repayments. Principal amounts to be deposited into Revenue Source 8503 and interest amounts to be deposited into Revenue Source 8556.
Section 14. That the City Controller is hereby authorized to reverse the receivable balance sheet account (033F) and deferred revenue (088M) in Fund 0J51 for repayments of all principal amounts of loans.
Section 15. That the City Controller is authorized to encumber and disburse loan payments to HUD in accordance with the terms and conditions of the loan documents authorized in Section 2 from Fund 0J51 - Vendor # 263304
Section 16. That nothing in this resolution shall be construed as a binding contract or agreement upon the City; that it is subject to HUD approval of the Lancaster Urban Village project, compliance with all HUD regulations and requirements, available Section 108 Loan funding; approval of the final loan terms and loan documents by the City Manger and City Attorney; and there will be no liability or obligation on the City Manager until final contract documents are approved, executed, and final closing completed.
Section 17. 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.
DISTRIBUTION:
Office of Economic DevelopmentCity Attorney's OfficeOffice of Financial Services/Community Development, 4FS