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

3

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


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.



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,


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


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.


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)


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,


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




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.



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.


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


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.



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


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


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%

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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


Lake Highlands North Pool


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



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.



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,


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.




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.



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,


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.




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.


FISCAL INFORMATION


MAP

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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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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




DEPARTMENT: Sustainable Development and Construction


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.


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.




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.



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.


This item has no prior action.

FISCAL INFORMATION


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


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.







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.





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


(4) A person affiliated with the property owner

or representative of the property owner.

2










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):




functions.













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










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):




functions.













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):




functions.













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










December 1, 2009)

III.

DEFINITION OF

PERSON

RESPONDING TO

A REQUEST FOR

BIDS OR

PROPOSALS ON A

CITY CONTRACT

(cont’d)




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).]


are underlined.




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).]


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










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).]


are underlined.





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:











the request.





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:











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



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).]


are underlined.





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.





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










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).]


are underlined.


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.


request for proposals on a city contract shall




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).]



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


Does not address campaign contributions to

political committees.

7










December 1, 2009)

VI.

CAMPAIGN

CONTRIBUTIONS

BY

CORPORATION

FORMED

POLITICAL

COMMITTEES


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


[See Section 15A-4.1(g).]


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.



VI.

CAMPAIGN

CONTRIBUTIONS

TO AND BY

GENERAL-

PURPOSE

POLITICAL

COMMITTEES


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).


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.



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.




DEPARTMENT: Housing/Community Services


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.



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.



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.



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.


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.


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


MAP

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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,


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

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