OCTOBER 8, 2008 CITY COUNCIL ADDENDUM CERTIFICATION
This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Addendum dated October 8, 2008. We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose.
Mary K. Suhm Date City Manager
Edward Scott Date City Controller
ADDENDUM CITY COUNCIL MEETING WEDNESDAY, OCTOBER 8, 2008 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TX 75201 9:00 A.M.
REVISED ORDER OF BUSINESS
Agenda items for which individuals have registered to speak will be considered no earlier than the time indicated below:
9:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE
OPEN MICROPHONE
CLOSED SESSION
MINUTES Item 1
CONSENT AGENDA Items 2 - 38
CONSENT ADDENDUM Items 1 - 9
ITEMS FOR INDIVIDUAL CONSIDERATION
No earlier Items 39 - 40 than 9:30 a.m. Addendum Item 10
PUBLIC HEARINGS AND RELATED ACTIONS
1:00 p.m. Items 41 - 43
ADDENDUM CITY COUNCIL MEETING OCTOBER 8, 2008 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS 75201 9:00 A. M.
ADDITIONS:
Closed Session Attorney Briefings (Sec. 551.071 T.O.M.A.) - Legal issues regarding the development of the proposed Convention Center hotel
CONSENT ADDENDUM
City Attorney’s Office
1. Authorize settlement of the lawsuit styled Robert Crider v. City of Dallas, Cause No. 07- 03885-J - Not to exceed $535,000 - Financing: Current Funds
Communication and Information Services
2. Authorize an increase in the contract with TriTech Software Systems for professional services to comply with the Federal Bureau of Investigation’s security requirements to access the Criminal Justice Information System (CJIS) to perform record checks against state and federal records - Not to exceed $341,613, from $5,141,650 to $5,483,263 - Financing: Current Funds ($50,000), 2007 Equipment Acquisition Contractual Obligation Notes ($291,613)
Department of Development Services
3. An ordinance granting a private license to Baylor Health Care System for the use of a total of approximately 1,120 square feet of land to construct and maintain subsurface communications cables under portions of Elm Street, Gaston and North Washington Avenues rights-of way - Revenue: $1,000 annually plus the $20 ordinance publication fee
Economic Development
4. Authorize (1) a public hearing to be held on December 10, 2008 to receive comments to consider the creation of a tax increment financing reinvestment zone for several areas adjacent to DART Light Rail stations for transit-oriented development projects (TOD TIF District) under the authority of the Tax Increment Financing Act, as amended (V.T.C.A, Tax Code Chapter 311); and, at the close of the hearing, (2) consideration of an ordinance creating the TOD TIF District - Financing: No cost consideration to the City
ADDENDUM CITY COUNCIL MEETING OCTOBER 8, 2008
ADDITIONS: (Continued)
CONSENT ADDENDUM (Continued)
Park & Recreation
5. Authorize Supplemental Agreement No. 2 to the development agreement with the Woodall Rodgers Park Foundation for the Woodall Rodgers Deck Plaza to amend the Agreement to update Sections 2.2 and 2.3, entitled Woodall Rodgers Park Foundation “WRPF Project Contribution” and “Estimated Funding Allocation,” respectively, to: (i) reflect reductions in budgeted construction costs of approximately $11,300,000; (ii) reallocate Phase 2 work to Phase 3; (iii) acknowledge an additional $10,000,000 in funding secured from Texas Department of Transportation (TxDOT) by the Woodall Rodgers Park Foundation, resulting in a total Statewide Transportation Enhancement Program (STEP) grant allocation of $20,000,000; (iv) reflect design and pre-construction cost contributions and/or contractual obligations made by the Foundation in excess of $8,000,000; and (v) reflect the obligation of the Foundation to fund all costs in excess of the City's and TxDOT's project contributions for Phases I-4 and to apply the full balance of the Foundation's $20,000,000 minimum in private funding obligation to Phase 5 - Financing: No cost consideration to the City
Public Works & Transportation
6. Authorize a professional services contract with Public Sector Design Studio for the development of building standards for future fire station projects, including building components, establishing adjacencies of rooms, programming, schematic design, preliminary design floor plan concepts and performance and technical specifications - Not to exceed $75,450 - Financing: 2006 Bond Funds
7. Authorize (1) the first amendment to the Performing Arts Center Development Agreement with the Dallas Center for the Performing Arts Foundation, Inc., an independent, nonprofit foundation, for the design, construction and development of the City Performance Hall underground parking garage; and (2) the first amendment to the Performing Arts Center Use Agreement with the Dallas Center for the Performing Arts Foundation, Inc. for the long-term possession, operation, maintenance and use of the City Performance Hall underground parking garage - Financing: No cost consideration to the City
2
ADDENDUM CITY COUNCIL MEETING OCTOBER 8, 2008
ADDITIONS: (Continued)
CONSENT ADDENDUM (Continued)
Public Works & Transportation (Continued)
Cityville Carlisle Pedestrian Note: Item Nos. 8 and 9 must Improvement Project be considered collectively.
8. * Authorize (1) an Interlocal Agreement with the North Central Texas Council of Governments for design and construction of the Cityville Carlisle pedestrian improvement project; (2) the receipt and deposit of funds from the North Central Texas Council of Governments in an amount not to exceed $450,000; and (3) an increase in appropriations in the amount of $450,000 in the Capital Projects Reimbursement Fund - Not to exceed $450,000 - Financing: No cost consideration to the City
9. * Authorize payment to Cityville Carlisle LP, LLC for the North Central Texas Council of Government’s share of design and construction costs for the Cityville Carlisle pedestrian improvement project - Not to exceed $450,000 - Financing: Capital Projects Reimbursement Funds
ITEMS FOR INDIVIDUAL CONSIDERATION
Office of Financial Services
10. A resolution (1) confirming that a public hearing was held on October 1, 2008 for the Dallas Performing Arts Cultural Facilities Corporation Cultural Facility Revenue Bonds to finance certain cultural facilities located in the City of Dallas, Texas; (2) approving the Series 2008 Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended; and (3) approving the Notice of Intent of the Dallas Performing Arts Cultural Facilities Corporation relating to the Series 2008 Bonds - Financing: No cost consideration to the City
3
ADDENDUM DATE October 8, 2008
ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION 1 N/A C ATT $535,000.00 NA NA Authorize settlement of the lawsuit styled Robert Crider v. City of Dallas, Cause No. 07-03885-J Authorize an increase in the contract with TriTech Software Systems for professional services to comply CIS, with the Federal Bureau of Investigation's security requirements to access the Criminal Justice Information 2 N/A C POL, FIR $341,613.00 0.00% 14.69% System to perform record checks against state and federal records An ordinance granting a private license to Baylor Health Care System for the use of a total of approximately 1,120 square feet of land to construct and maintain subsurface communications cables under portions of 3 2 C DDS REV $1,000 NA NA Elm Street, Gaston and North Washington Avenues rights-of-way Authorize a public hearing to be held on December 10, 2008 to receive comments to consider the creation of a tax increment financing reinvestment zone for several areas adjacent to DART Light Rail stations for transit-oriented development projects (TOD TIF District) under the authority of the Tax Increment Financing Act, as amended (V.T.C.A, Tax Code Chapter 311); and, at the close of the hearing, consideration of an 4 2, 4, 5, 14 C ECO NC NA NA ordinance creating the TOD TIF District Authorize Supplemental Agreement No. 2 to the development agreement with the Woodall Rodgers Park Foundation for the Woodall Rodgers Deck Plaza to amend the Agreement to update Sections 2.2 and 2.3, entitled Woodall Rodgers Park Foundation “WRPF Project Contribution” and “Estimated Funding Allocation,” respectively, to: reflect reductions in budgeted construction costs of approximately $11,300,000; reallocate Phase 2 work to Phase 3; acknowledge an additional $10,000,000 in funding secured from Texas Department of Transportation (TxDOT) by the Woodall Rodgers Park Foundation, resulting in a total Statewide Transportation Enhancement Program (STEP) grant allocation of $20,000,000; reflect design and pre-construction cost contributions and/or contractual obligations made by the Foundation in excess of $8,000,000; and reflect the obligation of the Foundation to fund all costs in excess of the City's and TxDOT's project contributions for Phases I-4 and to apply the full balance of the Foundation's $20,000,000 5 14 C PKR NC NA NA minimum in private funding obligation to Phase 5 Authorize a professional services contract with Public Sector Design Studio for the development of building standards for future fire station projects, including building components, establishing adjacencies of rooms, programming, schematic design, preliminary design floor plan concepts and performance and technical 6 All C PWT $75,450.00 57.91% 45.32% specifications Authorize the first amendment to the Performing Arts Center Development Agreement with the Dallas Center for the Performing Arts Foundation, Inc., an independent, nonprofit foundation, for the design, construction and development of the City Performance Hall underground parking garage; and the first amendment to the Performing Arts Center Use Agreement with the Dallas Center for the Performing Arts PWT, Foundation, Inc. for the long-term possession, operation, maintenance and use of the City Performance 7 14 C OCA NC NA NA Hall underground parking garage Cityville Carlisle Pedestrian Improvement Project: Authorize an Interlocal Agreement with the North Central Texas Council of Governments for design and construction of the Cityville Carlisle pedestrian improvement 8 14 C PWT NC NA NA project Cityville Carlisle Pedestrian Improvement Project: Authorize payment to Cityville Carlisle LP, LLC for the North Central Texas Council of Government's share of design and construction costs for the Cityville 9 14 C PWT GT NA NA Carlisle pedestrian improvement project A resolution confirming that a public hearing was held on October 1, 2008 for the Dallas Performing Arts Cultural Facilities Corporation Cultural Facility Revenue Bonds to finance certain cultural facilities located in the City of Dallas, Texas; approving the Series 2008 Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended; and approving the Notice of Intent of the Dallas Performing Arts 10 N/A I OFS NC NA NA Cultural Facilities Corporation relating to the Series 2008 Bonds
TOTAL $952,063.00
Page 1
ADDENDUM ITEM # 1 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: October 8, 2008
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney's Office
CMO: Thomas P. Perkins, Jr., 670-3491 Ryan S. Evans, 670-3314
MAPSCO: N/A ______
SUBJECT
Authorize settlement of the lawsuit styled Robert Crider v. City of Dallas, Cause No. 07-03885-J - Not to exceed $535,000 - Financing: Current Funds
BACKGROUND
Plaintiff is represented by attorney Don Tittle.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council was briefed in Closed Session on June 18, August 20, and September 17, 2008.
FISCAL INFORMATION
Funding for this item is budgeted in the current fiscal year.
$535,000 - Current Funds
COUNCIL CHAMBER
October 8, 2008
WHEREAS, a lawsuit styled Robert Crider v. City of Dallas, Cause No. 07-03885-J, was filed by Plaintiff seeking compensation from the City of Dallas for alleged violations of the Texas Whistleblower Act involving the Dallas Police Department; and
WHEREAS, Plaintiff, Robert Crider, through his attorney, Don Tittle, has agreed to settle this lawsuit for the amount of $535,000; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the settlement of the lawsuit styled Robert Crider v. City of Dallas, Cause No. 07-03885-J, in an amount not to exceed $535,000 is hereby approved.
SECTION 2. That the City Controller is authorized to pay to Don Tittle the amount of $225,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.
SECTION 3. That the City Controller is authorized to pay to Robert Crider the amount of $310,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
ADDENDUM ITEM # 2 KEY FOCUS AREA: Public Safety Improvements and Crime Reduction
AGENDA DATE: October 8, 2008
COUNCIL DISTRICT(S): N/A
DEPARTMENT: Communication and Information Services Police Fire
CMO: Ramon F. Miguez, P.E., 670-3308 Ryan S. Evans, 670-3314
MAPSCO: N/A ______
SUBJECT
Authorize an increase in the contract with TriTech Software Systems for professional services to comply with the Federal Bureau of Investigation’s security requirements to access the Criminal Justice Information System (CJIS) to perform record checks against state and federal records - Not to exceed $341,613, from $5,141,650 to $5,483,263 - Financing: Current Funds ($50,000), 2007 Equipment Acquisition Contractual Obligation Notes ($291,613)
BACKGROUND
As an integral part of daily activities, police officers, fire investigators, dispatchers, and police detectives and investigators perform records checks (including but not limited to individual checks, vehicle checks, registration checks, and/or property checks) against state and federal records. On average, there are 7,000 – 8,000 records checks per day initiated at approximately 800 desktop computers in various departments and offices in multiple City buildings, Lew Sterrett County Jail, and from approximately 1,200 patrol cars.
Due to changes in federal security standards related to accessing the FBI’s Criminal Justice Information System (CJIS) data, the City is required to implement software technology to strengthen enhanced log-on and password security for personnel performing records checks. The City is also required to maintain state-issued certification numbers for authorized personnel and add the certificate number of the requesting officer for state inquiries. BACKGROUND (Continued)
Professional services will include programming, testing, and implementation support for the computer application, and will include integration to the CAD system.
1. Programmatic security enhancements in the records check module for both mobile and desktop computers including interfacing to the CAD system; 2. Implementation of the components for maintaining state certification numbers; 3. Professional services to establish a system test environment integrating with the CAD testing environment; 4. Out of pocket travel expenses as required, compliant with City travel expense policies.
PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 13, 2007, Administrative Action #07-1659 was authorized to provide for funding supplemental to the TriTech Software Systems contract for professional services.
On September 14, 2005, City Council approved Supplemental Agreement #1 with Tritech Software Systems to upgrade the panels and transformers, and install wiring for the Computer Aided Dispatch consoles, by Resolution #05-2614.
On June 8, 2005, City Council approved the acquisition of Computer Aided Dispatch system with TriTech Software Systems, by Resolution #05-1795.
FISCAL INFORMATION
$50,000 - Current Funds $291,613 - 2007 Equipment Acquisition Contractual Obligation Notes
M/WBE INFORMATION
The recommended awardee has fulfilled the Good Faith requirements set forth in the Good Faith Effort Plan adopted by Council Resolution #84-3501 as amended.
ETHNIC COMPOSITION
TriTech Software Systems
Hispanic Female 6 Hispanic Male 5 Black Female 1 Black Male 0 Other Female 8 Other Male 8 White Female 34 White Male 32
Agenda Date 10/08/2008 - page 2 OWNER
TriTech Software Systems
Chris Maloney, President
Agenda Date 10/08/2008 - page 3 GOOD FAITH EFFORT PLAN SUMMARY
PROJECT: Authorize an increase in the contract with TriTech Software Systems for professional services to comply with the Federal Bureau of Investigation’s security requirements to access the Criminal Justice Information System (CJIS) to perform record checks against state and federal records - Not to exceed $341,613, from $5,141,650 to $5,483,263 - Financing: Current Funds ($50,000), 2007 Equipment Acquisition Contractual Obligation Notes ($291,613)
TriTech Software Systems a non-local, non-minority firm, has signed the "Good Faith Effort" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Professional Services ______
LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $0.00 0.00% Non-local contracts $341,613.00 100.00% ------TOTAL THIS ACTION $341,613.00 100.00%
LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION
Local Contractors / Sub-Contractors
None Non-Local Contractors / Sub-Contractors
None
TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $0.00 0.00% $0.00 0.00% Hispanic American $0.00 0.00% $805,663.00 14.69% 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% $805,663.00 14.69% COUNCIL CHAMBER
October 8, 2008
WHEREAS, the Federal Bureau of Investigation has enhanced regulations for states and municipalities accessing the Criminal Justice Information System (CJIS); and
WHEREAS, these enhanced regulations have been designed to increase security requirements, such as a more discriminating log-on and password information when law enforcement and other similar regulators and enforcers attempt to access the CJIS system; and
WHEREAS, the City of Dallas must comply with these upgrades in order to perform the 7,000 - 8,000 records checks performed daily; and
WHEREAS, on June 8, 2005, the City of Dallas authorized a contract with TriTech Software Systems for managed services and support for the Computer Aided Dispatch System by Resolution # 05-1795, and the upgrade interfaces with said system; and
WHEREAS, to it is now necessary to increase the contract with TriTech Software Systems for professional services to access the Criminal Justice Information System (CJIS) to perform record checks against state and federal records to include all phases from testing, to programming, to implementation and interface for compliance upgrade to the existing Computer Aided Dispatch System, not to exceed $341,613 from $5,141,650 to $5,483,263.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager or designee be and is hereby authorized to increase the contract with Tritech Software Systems for professional services to access the Criminal Justice Information System (CJIS) to perform record checks against state and federal records in the amount of $341,613, from $5,141,650. to $5,483,263.
Section 2. That the City Controller be and is hereby authorized to disburse funds accordingly.
Fund Dept Unit Obj Amount Encumbrance 0198 DSV 1675 3070 $50,000 TRITECH09CAD1 0598 DSV E281 3070 $291,613 TRITECH09CAD1 COUNCIL CHAMBER
October 8, 2008
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.
Distribution:
Office of Financial Services City Auditor City Attorney Office of Business Development and Procurement Services Communication and Information Services ADDENDUM ITEM # 3 KEY FOCUS AREA: Economic Vibrancy
AGENDA DATE: October 8, 2008
COUNCIL DISTRICT(S): 2
DEPARTMENT: Department of Development Services
CMO: A. C. Gonzalez, 671-8925
MAPSCO: 46E J ______
SUBJECT
An ordinance granting a private license to Baylor Health Care System for the use of a total of approximately 1,120 square feet of land to construct and maintain subsurface communications cables under portions of Elm Street, Gaston and North Washington Avenues rights-of-way - Revenue: $1,000 annually plus the $20 ordinance publication fee
BACKGROUND
This item grants a license to Baylor Health Care System for the construction, installation and maintenance of subsurface communications cables located under portions of Elm Street, Gaston and North Washington Avenues. The use of this area will not impede pedestrian or vehicular traffic.
The licensee will indemnify the City and carry general liability insurance naming the City as an additional insured.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
Revenue: $1,000 annually plus the $20 ordinance publication fee
OWNER
Baylor Health Care System
Wess Huff, Vice President, Real Estate MAPS
Attached
Agenda Date 10/08/2008 - page 2 copyr1{lhtQ2006 MAPSCO.lnc. MAPSC046 EJ O.13Mi 025Mi. I Site-- ORDINANCE NO. ______
An ordinance granting a private license to Baylor Health Care System to occupy, maintain, and utilize subsurface portions of Elm Street, Gaston Avenue and North Washington Avenue rights-of-way located near the intersection of North Hall Street and North Trunk Avenue adjacent to City Blocks 10/827, 15/827, 14/827, 11/827, D/788 and A/780 within the limits hereinafter more fully described, for the purpose of constructing, maintaining and utilizing subsurface communications cables; providing for the terms and conditions of this license; providing for the annual compensation to be paid to the City of Dallas; providing for payment of the publication fee; and providing an effective date of this license and ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That a private license, hereinafter referred to as "license", subject to the restrictions and conditions of this ordinance, is hereby granted to Baylor Health Care System, a Texas corporation, its successors and assigns, hereinafter referred to as "GRANTEE", to occupy, maintain, and utilize for the purpose set out hereinbelow the tracts of land described in Exhibit A, hereinafter referred to as "licensed area" which is attached hereto and made a part hereof. SECTION 2. That this license is granted for a term of forty (40) years, unless sooner terminated according to other terms and provisions herein contained. SECTION 3. That GRANTEE shall pay to the City of Dallas the sum of ONE THOUSAND AND NO/100 ($1,000.00) DOLLARS annually for the license herein granted, said sum to become due and payable on the 2nd day of January each year, in advance, during the term hereof; provided, however, that the first payment due hereunder in the sum of ONE THOUSAND AND NO/100 ($1,000.00) DOLLARS shall become due and payable upon the final passage of this ordinance and shall cover the consideration for 2008. Such consideration shall be in addition to and exclusive of any other taxes or special assessments required by law to be paid by GRANTEE. Should GRANTEE fail to pay the above stated annual fee within sixty (60) days of the due date, the Director of Development Services may terminate this license.
ED/33399 1 All sums payable to the City of Dallas hereunder shall be paid to the City Controller of the City of Dallas and deposited in Fund 0001, Department DEV, Unit 1180, Revenue Source 8200. In the event GRANTEE’s check for the license fee is dishonored, GRANTEE shall pay to the City a processing fee of $25.00 for each dishonored check. Additionally, all monies owed to the City under this license shall be subject to the assessment of interest at a rate of 10% a year from the day after any monies become due until it is paid in full, in accordance with Section 2-1.1 of the Dallas City Code. SECTION 4. That the licensed area shall be used by GRANTEE for the following purpose under the direction of the Director of Development Services of the City of Dallas: to construct, maintain and utilize subsurface communications cables under Elm Street, Gaston and North Washington Avenues. SECTION 5. That this license is subject to the provisions set forth in EXHIBIT B and EXHIBIT C attached hereto and made a part hereof. SECTION 6. That this license is nonexclusive and is made expressly subject and subordinate to the right of the City to use the licensed area for any public purpose. The Governing Body of the City of Dallas reserves the right by resolution duly passed by said Governing body, to terminate and cancel this license upon giving GRANTEE sixty (60) days notice of its intent to cancel. Upon termination, all rights granted hereunder shall thereupon be considered fully terminated and cancelled and the City of Dallas shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the Courts. GRANTEE shall have the right of cancellation upon giving the City of Dallas sixty (60) days written notice of its intention to cancel, and in either event upon the termination or cancellation by the City or GRANTEE, as the case may be, this license shall become null and void and GRANTEE or anyone claiming any rights under this instrument shall remove, to the extent required by the Director of Development Services, any improvements and encroachments from the licensed area at GRANTEE's expense. Failure to do so shall subject GRANTEE to the provisions contained in EXHIBIT B, Subsection (a). All work shall be done at the sole cost of GRANTEE and to the satisfaction of the Director of Development Services.
ED/33399 2 SECTION 7. That the license is subject to the following conditions, terms and reservations: a) GRANTEE shall provide final plan and profile drawings for evaluation of conflicts in all areas where proposed construction is aligned in existing City ROW with Larry Trojan, Project Manager Lead at ONCOR at 214-486-2255;
b) GRANTEE shall obtain a street cut permit at least 48 hours prior to construction in the licensed area by contacting cut control at 214-948-4042;
c) GRANTEE shall own facilities at both ends of the communications line and not connect to third parties. GRANTEE shall use lines for internal communications only;
d) GRANTEE shall contact TIME WARNER CABLE prior to construction at 214-320-7529. TIME WARNER CABLE has underground and aerial facilities in the vicinity. Any removal or relocation of TIME WARNER's facilities will be at GRANTEE's expense.
e) GRANTEE shall contact Dallas Water Utilities Utility Coordination at 214-948-4584 at least 15 working days prior to construction to obtain as-built maps and plans of existing water and wastewater mains and to coordinate the applicants proposed construction plans. Where the stated distance is not possible, the contractor must submit any variations in writing to Engineering Services along with a set of plans for review and approval by the appropriate Division. GRANTEE must contact Dallas Water Utilities at 214-670-5111 at least 2 working days prior to construction to have the existing water and wastewater mains located in the field.
The existing and/or proposed improvements must maintain a minimum horizontal distance of 7.5 feet from the outer diameter of the water or wastewater mains. GRANTEE shall maintain a minimum vertical distance of 3.5 feet from the outer diameter of the improvements and the outer diameter of the water or wastewater mains;
f) GRANTEE shall contact ATMOS at 214-426-7010 prior to construction to request maps/drawings. ATMOS requires that facilities in the street be located prior to excavation and a minimum of two feet clearance between ATMOS facilities and GRANTEE's facilities. If the relocation of ATMOS facilities become necessary because of GRANTEE's construction then the ATMOS relocation would be at GRANTEE's expense.
ED/33399 3 SECTION 8. That the license granted hereby shall not become effective until and unless GRANTEE files a final acceptance, in writing, to the terms and conditions of this ordinance with the Director of Development Services and said written acceptance shall be forwarded to the City Secretary of the City of Dallas. In the event said written final acceptance is not filed within six (6) months after the passage of this ordinance as provided for herein, then the Director of Development Services, or designee, may terminate this license. SECTION 9. That upon receipt of GRANTEE's final written acceptance, the Director of Development Services, or designee, is hereby authorized to execute a NOTICE OF LICENSE and to file same in the deed records of Dallas County, Texas. Additionally, the Director of Development Services, or designee, is hereby authorized to execute a cancellation of Notice of License upon termination by the City or GRANTEE and to file such cancellation of Notice of License in the deed records of Dallas County, Texas. SECTION 10. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, their successors and assigns. SECTION 11. That this license may not be assigned without prior written approval from the Director of Development Services, or designee. Such assignment shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance. The assignee shall deliver evidence of ownership of property abutting the licensed area and a copy of the assignment, along with the assignee's written acceptance of the provisions of this ordinance, to the Director of Development Services within 10 days of such assignment; said assignment and written acceptance shall be forwarded to the City Secretary of the City of Dallas. Should GRANTEE fail to obtain prior written approval for assignment of this license or fail to provide the City of Dallas with the required written acceptance and a copy of the assignment, the Director of Development Services, or designee, may terminate this license.
ED/33399 4 SECTION 12. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Record of Dallas County, Texas, which certified copy shall be delivered to the Director of Development Services, or designee. Upon receipt of the fee for the year 2008, an acceptable certificate of insurance and the fee for publishing this ordinance which GRANTEE shall likewise pay, the Director of Development Services, or designee, shall deliver to GRANTEE the certified copy of this ordinance. The Director of Development Services, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 13. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained.
APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney
ByCy~"L~~,)C- /K..., Assistant City Attorney
Passed _
ED/33399 5 EXHIBIT A ,;
LICENSE AGREEMENT ADJACENTTO CITY OF DALLAS BLOCK No. 15/827AND 14/827 , JOHN GRIGSBY SURVEY,ABSTRACTNo. 495 I CITY OF DALLAS, DALLAS COUNTY,TEXAS
Legal Description:
Being a 50 Sq. Ft. tract ofland situated in the John Grigsby Survey, Abstract No. 495, City ofDallas, Dallas County, Texas, being a 1.00 foot wide strip ofland within the Elm Street Right-of-Way, adjacent to City Block 15/827 and 14/827, and being more fully described as follows:
Commencing at an "X" cut found at the intersection ofthe southwest line ofWashington Avenue (a 60 foot right-of-way) and the southeast line ofElm Street (a 50 foot right-of way), being the north corner of Lot 7, Block 15 ofFair View Addition, and addition to the City ofDallas, according to the plat thereof recorded in Volume 93, Page 23, Map Records, Dallas County, Texas;
Thence South 45 deg. 40 min. 39 sec. West, along the southeast line ofsaid Elm Street, a distance of 125.57 feet to the Point ofBeginning ofthe herein described tract of land;
Thence South 45 deg, 40 min. 39 sec. West, along the southeast line ofsaid Elm Street, a distance of 1.00 feet to a point for corner;
Thence North 44 deg. 25 min. 36 sec. West, crossing said Elm Street, a distance of50.00 feet to a point for corner on the northwest line ofsaid Elm Street same being the southeast line of Lot 4, Block 14/827, said Fair View Addition;
Thence North 45 deg. 40 min. 39 sec. East, along the northwest line ofsaid Elm Street same being the southeast line ofLot 4, Block 14/827, said Fair View Addition, a distance of 1.00 feet to a point for corner;
Thence South 44 deg. 25 min. 36 sec. East, crossing said Elm Street, a distance of50.00 feet to the Point ofBeginning, containing 50 square feet ofland.
**Bearings based on Geodetic North.
(FOR SPRG=N~AL REVIEWED BY: -~""""'-/-"'~....-3i!-JfL,-- DATE: ~&7(1.1 SPRG No. 1454
ADVANCED LAND SURVEYING P.O. BOX516 PALMER, TEXAS 75152 - (214)724--9190- FAx-(888)-r48"'84tZ------SHEET 1 OF 2 / "'0 & "n..-"J- BLOCK 8 / 827 ,\".
R HEALTHCARE SYSTEM VOL. 88029,PG. 3155 D.R.D.C.T.
LOT 2
LOT 3 - N 45"40'39" E LOT 7 BLOCK 15/827 BLOCK 835 FAIR VIEW ADDITION ~OL. 93, PO. 23 ~--P.O.B. A,.,,,':3 , LOT 6 NAIL FND. S 45"40'39" W 1.00' (C.M.) UNIVERSITY MEDICALCENT YOL. 82100,PG. 48 D.R.D.C.T. LOT 5 (FOR SPRO USE ONLY) 20 o 20 LICENSE AGREEMENT ADVANCED LAND SURVEYING ADJACENT TO CITY OF DALLAS BLOCK No. P.O. BOX 516 15/827AND 14/827 PALMER, TEXAS 75152 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 . -(214)724~(1fglr FAX (888) 748-8412'~------CITYOF DALLAS.,-Df\TIASTDlJNl'Y-TElCAS-- . DATE: MAY 05, 2008 SCALE 1" =40' SHEET 2 OF 2 XHIBIT A LICENSE AGREEMENT· ADJACENT TO CITY OF DALLAS BLOCK No. 11/827 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS Legal Description: Being a 461 Sq. Ft. tract of land situated in the John Grigsby Survey, Abstract No. 495, City ofDallas, Dallas County, Texas, being a 1.00 foot wide strip ofland within the Washington Avenue and Race Street Rights-of-Way, adjacent to City Block 111827,and being more fully described as follows: Commencing at an "X" cut set at the intersection of the southwest line of Washington Avenue (a 60 foot right-of-way) and the southeast line ofRace Street (a 53 foot right-of-way), being at the north comer ofLot I, Block 14/827 ofFair View Addition, an addition to the City ofDallas, according to the plat thereofrecorded in Volume 93, Page 23, Map Records, Dallas County, Texas; Thence South 45 deg. 39 min. 21 sec. West, along the southeast line ofsaid Race Street, a distance of 4.75 feet to the Point ofBeginning ofthe herein described tract ofland; Thence South 45 deg. 39 min. 21 sec. West, along the southeast line of said Race Street, a distance of 1.0I feet to a point for comer; Thence North 37 deg. 38 min. 53 sec. West, entering said Race Street right-of-way, a distance of 54.06 feet to a point for comer in said Washington Avenue right-of-way; Thence, through said Washington Avenue right-of-way, the following calls: North 44 deg. 27 min. 52 sec. West, a distance of 199.23 feet to a point for comer; North 44 deg. 25 min. 28 sec. West, a distance of42.96 feet to a point for comer; North 44 deg. 33 min. 04 sec. West, a distance of34.38 feet to a point for comer; North 44 deg. 20 min. 22 sec. West, a distance of42.61 feet to a point for comer; North 44 deg. 27 min. 38 sec. West, a distance of83.34 feet to a point for comer; North 58 deg. II min. 37 sec. West, a distance of2.66 feet to a point for comer on the southwest line ofsaid Washington Avenue and the northeast line ofLot 3C, Block 111827, Baylor Health Care System Addition No.2 Revised, according to the plat thereof recorded in Volume 99029, Page 84, said Map Records; Thence North 44 deg. 27 min. 06 sec. West, along the southwest line ofsaid Washington Avenue and northeast line ofsaid Lot 3C, a distance of4.21 feet to a point for comer; Thence South 58 deg. II min. 37 sec. East, entering said Washington Avenue right-of-way, a distance of6.87 feet to a point for comer in said Washington Avenue right-of-way; Thence, through said Washington Avenue right-of-way, the following calls: South 44 deg. 27 min. 38 sec. East, a distance of 83.46 feet to a point for comer; South 44 deg. 20 min. 22 sec. East, a distance of42.61 feet to a point for comer; South 44 deg. 33 min. 04 sec. East, a distance of34.38 feet to a point for comer; South 44 deg. 25 min. 28 sec. East, a distance of42.96 feet to a point for comer; South 44 deg. 27 min. 52 sec. East, a distance of 199.29 feet to a point for comer; Thence South 37 deg. 38 min. 53 sec. East, entering said Race Street right-of-way, a distance of I ~t/ ""Bearings based on Geodetic North. ..."I€- OF rx'...... 0'"..r-*G\STt.~·~:1•••••••••,..,...,'1'111./ 'ltl .•...... ~.~ ,. .~~:.;.~~~~~:'~ . ••.•Jsb5427 ,<-vi $i';;.;;;,.esSl9;".;;:~ - ~o -v -, SUP,'! SHEET I OF 3 ,exHIBIT Ai LOT 1 LOT 2 BAPTIST GENERAL CONVE OF TEXAS VOL. 2000079, PG. 2383 D.R.D.C.T. BLOCK8/82? LOT 14 BAPTIST GENERAL CONVENTION OF TEXAS BLOCK 8/827 VOL. 98111, PG.1944 FAIR VIEW ADDN. D.R.D.C.T. VOL. 93, PG. 23 LOT 4A, BLOCK 11/827 1/2" C.J.R.F:.....--::~ M.R.D.C.T. BAYLOR HEALTH CARE "RLG INC" (C.M.) P.O.C. SYSTEM ADDN. No.1 "X" CUTSET VOL. 88050, PG. 283 M.R.D.C.T. S 45°39'21" W 4.75' P.O.B. S 45°39'21" W 1.01' 6i{Cb. BLOCK 14/ 827 <,<' FAIR VIEW ADDITION ,,<,"" VOL. 93, PG. 23 M.R.D.C.T. BAYLOR HEALTH CARE SYSTEM VOL. 88029, PG. 3155 LOT 2 D.R.D.C.T. 2. o 2. I ; ; '"I LOT 3 1"=40' / (FOR SPRG USE ONLY) LEGEND REVIEWEDBY:~ C.I.R.F. CAPPED IRON ROD FOUND DATE: ~__-",---,-.""",a LICENSE AGREEMENT ADVANCED LAND SURVEYING ADJACENT TO CITY OF DALLAS BLOCK No. 11/827 P.O. BOX 516 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 PALMER, TEXAS 75152 CITY OF DALLAS, DALLAS COUNTY, TEXAS --(214F"'~.._""",.r-,.'T DATE: MAY 05, 2008 SCALE 1" =40' SHEET20F3 BAYLOR HEALTH CARE SYST <, " IS'6:: -, (9, VOL. 88029, PG. 3155 '" -, 77;y VOL. 88233, PG. 1543 6'05/9 ~. D.R.D.C.T. LOT 13 BAYLOR HEALTH'V, ' (;' 6' CARE SYSTEMS" '0'>, <5 BLOCK 9/827 VOL. 87042, PG. 959 '" <8>' FAIR VIEW ADDITION D.RD.C.T. VOL. 93, PG. 23 N 44°27'06" W 4.21'--"~ M.R.D.C.T. LOT 3C, BLOCK 11/827 1t "IS' BAYLOR HEALTH CARE 6:: 1/?V SYSTEM ADDITION (97 ~o ~>, LOT 14 No.2 REVISED 7;y~.>. VOL. 99029, PG. 54 • ~. '(9. (;' M.RD.C.T. ()() tz- ,\-",(). ..:'<2 !S'. BAPTIST GENERAL CONVENTION OF TEXAS VOL. 98111, PG. 1944 D.RD.C.T. 6'0 '0, LOT 4A, BLOCK 11/827 BAYLOR HEALTH CARE SYSTEM ADDN. No.1 VOL. 88050, PG. 283 M.R.D.C.T. LINE TABLE L1 N 44°33'04" W 34.38' L2 S 44°33'04" E 34.38' I '0 o. 20. 010 I I 1"=40' 4' SIDEWALK ESMT. (FOR SPRG USE ONLY VOL. 91093. PG. 767 M.RD.C.T. REVIEWED BY: .....J,z::.'::JS..~ DATE: ....Bearings based on Geodetic North. SPRG No. 1451 LICENSE AGREEMENT ADVANCED LAND SURVEYING ADJACENT TO CITY OF DALLAS BLOCK No. 11/827 P.O. BOX 516 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 PALMER, TEXAS 75152 CITY OF DALLAS, DALLAS COUNTY, TEXAS (:214}7t4-91911-l=7IJ<(888) 748-8412------ -+-1--- DATE: MAY 05, 2008 SCALE 1" = 40' SHEET 3 OF3 LICENSE AGREEMENT ADJACENTTO CITY OF DALLAS BLOCK No. 11/827AND 10/827 JOHN GRIGSBY SURVEY,ABSTRACT No. 495 CITY OF DALLAS, DALLAS COUNTY,TEXAS Legal Description: Being a 62 Sq. Ft. tract ofland situated in the John Grigsby Survey, Abstract No. 495, City ofDallas, Dallas County, Texas, being a 1.00 foot wide strip ofland within the Washington Avenue Right-of-Way, adjacent to City Block 11/827 and 10/827, and being more fully described as follows: Commencing at an "X" cut set at the intersection ofthe northeast line ofWashington Avenue (a 62 foot right-of-way) and the northwest line ofCrutcher Street (an 80 foot right-of-way), being at the south comer ofLot 2A, Block 10/827 ofWorth Street Addition, an addition to the City ofDallas, according to the plat thereofrecorded in Volume 84243, Page 2482, Map Records, Dallas County, Texas; Thence North 44 deg. 27 min. 06 sec. West, along the northeast line ofsaid Washington Avenue and the southwest line ofsaid Lot 2A, a distance of 16.69 feet to the Point of Beginning ofthe herein described tract ofland; Thence South 45 deg. 28 min. 08 sec. West, crossing said Washington Avenue, a distance of62.00 feet to a point for comer on the southwest line ofsaid Washington Avenue and the northeast line ofLot 3C, Block 111827 ofBaylor Health Care System Addition No.2 Revised, according to the plat thereofrecorded in Volume 99029, Page 84, said Map Records; Thence North 44 deg. 27 min. 06 sec. West, along the southwest line ofsaid Washington Avenue and the northeast line ofsaid Lot 3C, a distance of 1.00 feet to a point for comer; Thence North 45 deg. 28 min. 08 sec. East, crossing said Washington Avenue, a distance of62.00 feet to a point for comer on the northeast line ofsaid Washington Avenue and the southwest line ofsaid Lot 2A; Thence South 44 deg. 27 min. 06 sec. East, along the northeast line ofsaid Washington Avenue and the southwest line ofsaid Lot 2A, a distance of 1.00 feet to the Point of Beginning, containing 62 square feet ofland. **Bearings based on Geodetic North. SHEET 1 OF 2 Controlling MonUments: / "X" CUT FND. 1) "X" cut found at the north intersection of (C.M.) BAYLOR UNIVERSITY MEDICAL CENTER Worth Street and Washington Avenue. VOL. 83014, PG. 3914 2) Aluminum disk found at the west D.R.D.C.T. intersection of Washington Avenue and Gaston Avenue. LOT2A BLOCK 10 /827 WORTH STREET ADDN. VOL. 84243, PG. 2482 M.R.D.C.T. P.O.B. LOT~ P.O.C. "X" CUTSET c§> ,\",. LOT 1 FAIR VIEW ADDITIO~ BLOCK 9/827 VOL. 93, PG. 23 M.R.D.C.T. LINE TABLE L1 N 44"27'06" W 16.69' L2 N 44°27'06" W 1.00' L3 S 44°27'06" E 1.00' (FOR SPR~GUSEONL~ 20 o 20 I . c_.J.<::::;tI.;~~_ REVIEWEDBY: 1" = 40' DATE: J Z-ZtP~ "Bearingsbased on Geodetic North. SPRG No. 1452 LICENSE AGREEMENT ADVANCED LAND SURVEYING ADJACENT TO CITY OF DALLAS P.O. BOX 516 BLOCK No. 11/827 AND 10/827 PALMER, TEXAS 75152 JOHN GRIGSBYSURVEY, ABSTRACT No. 495 (214f7Z4=9T9liTAJq888,T48=841T"'- -.-.J--etrv-OF-frAttAS;-BAttAS-eOtJNTY;-rE-XAS-' - - -I-I--~-----, ~------.. , DATE: MAY 05, 2008 SCALE 1" = 40' SHEET 2 OF 2 EXHIBITA \)' LICENSE AGREEMENT ADJACENT TO CITY OF DALLAS BLOCK No. D/788 AND 10/827 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS Legal Description: Being a 299 Sq. Ft. tract ofland situated in the John Grigsby Survey, Abstract No. 495, City ofDallas, Dallas County, Texas, being a 1.00 foot wide strip of land within Worth Street and Washington Avenue Rights-or-Way. adjacent to City Block D1788, and being more fully described as follows: Beginning at a tl2" iron rod with cap stamped "ADVANCED RPLS 5427" set at the intersection of the northeast line ofWashington Avenue (a variable width right-or-way) and the southeast line afWorth Street (a 63 foot right-of-way), being the north comer ora 10' X 10' comer clip at the west comer ofLot lA, Block 10/827 afWorth Street Addition, an addition to the City ofDallas, according to the plat thereof recorded in Volume 84243. Page 2482, Map Records, Dallas County, Texas; Thence South 00 deg. 30 min. 35 sec. West, along said comer clip, a distance of lAO feet to a point for comer; Thence North 44 deg. 57 min. 23 sec. West, entering said Worth Street right-of-way, a distance of9.97 feet to a point for comer; Thence North 62 deg. 40 min. 15 sec. West, through said Worth Street and Washington Avenue rights-of-way, a distance of50.62 feet to a point for comer; Thence North 47 deg. 41 min. 28 sec. West, through said Washington Avenue right-or-way, a distance of 15.16 feet to a point for corner; Thence North 46 deg. 27 min. 52 sec. West, a distance of27.66 feet to a point for comer; Thence North 46 deg. 10 min. 33 sec. West, a distance of21.67 feet to a point for comer; Thence North 46 deg. 26 min. 47 sec. West, a distance of 51.20 feet to a point for corner; Thence North 46 deg. 26 min. 53 sec. West, a distance of31.63 feet to a point for corner; Thence North 45 deg. 41 min. 37 sec. West, a distance of 84.08 feet to a point for comer; Thence North 21 deg. 53 min. 40 sec. West, a distance of2.64 feet to a point for comer; Thence North 01 deg. 59 min. 13 sec. East, a distance of6.17 feet to a point for comer on the northeast line ofsaid Washington Avenue (a 60 foot right-of-way at this point) and the southwest line ofLot 2A, Block D/788, BUMC-MOB, according to the plat thereofrecorded in Instrument No. 200600078963, Map Records, Dallas County, Texas; Thence South 44 deg. 27 min. 51 sec. East, along the northeast line ofsaid Washington Avenue and the southwest line ofsaid Lot 2A, a distance of 1.38 feet to a point for comer; Thence South 01 deg. 59 min. 13 sec. West, re-entering said Washington Avenue. a distance of5.01 feet to a point for comer; Thence South 21 deg. 53 min. 40 sec. East, a distance of2.22 feet to a point for comer; Thence South 45 deg. 41 min. 37 sec. East, a distance of83.87 feet to a point for comer; Thence South 46 deg. 26 min. 53 sec. East, a distance of31.62 feet to a point for comer; Thence South 46 deg. 26 min. 47 sec. East. a distance of51.20 feet to a point for comer; Thence South 46 deg. 10 min. 33 sec. East, a distance of21.67 feet to a point for comer; Thence South 46 deg. 27 min. 52 sec. East, a distance of27.65 feet to a point for comer; Thence South 47 deg. 41 min. 28 sec. East, a distance of 15.02 feet to a point for corner; Thence South 62 deg. 40 min. 15 sec. East, a distance of50.65 feet to a point for corner; Thence South 44 deg. 57 min. 23 sec. East, a distance of9.14 feet to the Point ofBeginning, containing 299 Sq. Ft. of land, more or less. **Bearings based on Geodetic North. (FOR SPRG USE ONLY) REVIEWEDBY:~ DATE; T;o;n; SPRG No. 1457 -EXHiBIT LINE TABLE ~:::::::;z:.===:l LOT 2A, BLOCK D I 788 L1 S 00°30'35" W 1.40' BUMC-MOB ADDN. L2 N 44°57'23" W 9.97' DOC.# 200600078963 L3 N 47°41'28" W 15.16' D.R.D.C.T. L4 N 46°27'52" W 27.66' L5 N 46°10'33" W 21.67' LEGEND L6 N 46°26'53" W 31.63' L7 N 21°53'40" W 2.64' L8 N01°59'13"E 6.17' L9 S 44°27'51" E 1.38' L10 S 01°59'13" W 5.01' L11 S 21°53'40" E 2.22' L12 S 46°26'53" E 31.62' L13 S 46°10'33" E 21.67' L14 S 46°27'52" E 27.65' L15 S 47°41'28" E 15.02' L16 S44°57'23"E 9.14' 20 I 1"=40' Controlling Monuments: 1) "X" cut found at the north intersection of Worth Street and Washington Avenue. 2) Aluminum disk found at the west intersection of Washington Avenue and Gaston Avenue. (FOR SPRG USE ONLY) REVIEWED BY: 'T2--~ DATE: --,t,,-·.fiC~"-'_"""'-""'-_ SPRG No. 1457 LICENSE AGREEMENT ADVANCED LAND SURVEYING ADJACENT TO CITY OF DALLAS P.O. BOX 516 BLOCK No. 0/788 AND 10/827 PALMER, TEXAS 75152 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 -'(214)724-9190 FAX (888) 748-8412 .. ALLAS, pALLASCOON I Y, I EXAS- DATE: MAY 05, 2008 SCALE 1" = 40' SHEET20F2 E LICENSE AGREEMENT ADJACENT TO CITY OF DALLAS BLOCK No. D1788 AND AJ780 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS Legal Description: Being a 60 Sq. Ft. tract ofland situated in the John Grigsby Survey, Abstract No. 495, City ofDallas, Dallas County, Texas, being a 1.00 foot wide strip ofland within the Washington Avenue Right-of-Way, adjacent to City Block D1788 and A/780, and being more fully described as follows: Commencing at an "X" cut set at the intersection ofthe northeast line ofWashington Avenue (a 60 foot right-of-way) and the southeast line ofJunius Street (a 50 foot right of-way), being at the west comer ofLot 2A, Block D/788 ofBUMC·MOB Addition, an addition to the City ofDallas, according to the plat thereofrecorded in Document No. 200600078963, Deed Records, Dallas County, Texas; Thence South 44 deg. 27 min. 51 sec. East, along the northeast line ofsaid Washington Avenue, a distance of21.82 feet to the Point ofBeginning ofthe herein described tract of land; Thence South 44 deg. 27 min. 51 sec. East, along the northeast line ofsaid Washington Avenue, a distance of 1.00 feet to a point for corner on the northeast line ofsaid Washington Avenue; Thence South 45 deg. 28 min. 18 sec. West, crossing said Washington Avenue, a distance of60.00 feet to a point for corner on the southwest line ofsaid Washington Avenue and' the northeast line ofLot lA, Block A/780, Baylor Medical Center, according to the plat thereofrecorded in Volume 99029, Page 0097, Map Records, Dallas County, Texas; Thence North 44 deg. 27 min. 51 sec. West, along the southwest line ofsaid Washington Avenue and the northeast line ofsaid Lot lA, a distance of 1.00 feet to a point for comer on the southwest line ofsaid Washington Avenue; Thence North 45 deg. 28 min. 18 sec. East, crossing said Washington Avenue, a distance of60.00 feet to the Point ofBeginning, containing 60 square feet ofland. **Bearings based on Geodetic North. (FOR SPRG USE ON~ REVIEWED BY: ~ DATE: ~ t77-Zo£)$ SPRG No. 1456 ADVANCED LAND SURVEYING t+---~._-~ __ .E.O•.BOX5J!L---_._ ------.. __.. _~ PALMER, TEXAS- 751E.L.._~ . (214) 724-9190 FAX (888) 748-8412 SHEET 1 OF2 LOT 1, BLOCK B/788 W.B. MILLER'S ADDN. REVISED VOL. 84, PG. 597 M.R.D.C.T. !S q;i:>';J WASHINGTON TOWER, JV VOL. 86057, PG. 2348 ,> D.RD.C.T. ~"o. BAYLOR HEALTH CARE SYSTEI p.e.c. DOC.# 200600047695 BAYLOR HEALTH CARE SYSTEM "X" CUT D.RD.C.T. VOL. 97123, PG. 3761 'b ..,- SET S 44°27'51" E 21.82' DRD.C.T. "'" II IlX CUT p.e.B. LOT 1A, BLOCKAI780 ~,§> FND. (C.M.) S 44°27'51" E 1.00' BAYLOR MEDICAL CENTER / ... so so. FT ''%> LOT 2A, BLOCK D /788 VOL. 99029, PG. 0097 / '6'", BUMC-MOB ADDN. M.RD.C.T. / DOC.# 200600078963 D.RD.C.T. / rv (FOR SPRG USE ONLY) ~ '0 ; '0; REVIEWED BY: I ° '"I DATE: e-n- iitpl!6 SPRG No. 1456 i LICENSE AGREEMENT ADVANCED LAND SURVEYING ADJACENT TOCITY OF DALLAS P.O. BOX 516 BLOCK No. D1788 AND N780 PALMER, TEXAS 75152 ...... -- --+-JOHN GRIGSBY SURVEY, ABSTRACT No. 495 (214) 724-9190 FAX(888) 748-8412 CITTOFrrALLA:S~A¥COUINNlTr'YY:-,rfmoorlt DATE: MAY 05, 2008 SCALE 1" =40' SHEET 2 OF 2 LICENSE AGREEMENT ADJACENT TO CITY OF DALLAS BLOCK No. Al780 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS Legal Description: Being a 188 Sq. Ft. tract ofland sitnated in the John Grigsby Survey, Abstract No. 495, City ofDallas, Dallas County, Texas, being a 1.00 foot wide strip ofland within the Gaston Avenue Right-of-Way, adjacent to City Block A/780, and being more fully described as follows: Commencing at an "X" cut set at the intersection ofthe southwest line of Washington Avenue (a 70 foot right-of-way) and the southeast line ofGaston Avenue (a variable width right-of-way), being the west corner ofa 10' X 10' comer clip at the north corner ofLot lA, Block A/780 ofBaylor Medical Center, an addition to the City ofDallas, according to the plat thereof recorded in Volume 99029, Page 97, Map Records, Dallas County, Texas; Thence South 45 deg. 10 min.,5 sec. West, along the existing southeast right-of-way line ofsaid Gaston Avenue, a distance of 190.53 feet to the Point ofBeginning ofthe herein described tract of land; Thence South 45 deg. 10 min. 5, sec. West, along the existing southeast right-of-way line ofsaid Gaston Avenue, a distance of2.98 feet to a point for comer; Thence South 64 deg. 48 min. 4, sec. West, entering said Gaston Avenue right-of-way, a distance of 6.53 feet to a point for comer; Thence South 44 deg. 48 min. 29 sec. West, a distance of 20.24 feet to a point for corner; Thence South 4, deg. 24 min. 32 sec. West, a distance of 148.47 feet to a point for corner; Thence South 28 deg. 46 min. 12 sec. West, a distance of9.37 feet to a point for corner on the southeast right-of-way line ofsaid Gaston Avenue; Thence South 45 deg. 10 min. 55 sec. West, along the existing southeast right-of-way line ofsaid Gaston Avenue, a distance of3.54 feet to a point for corner; Thence North 28 deg. 46 min. 12 sec. East, re-entering said Gaston Avenue right-of-way, a distance of 12.92 feet to a point for comer; Thence North 45 deg. 24 min. 32 sec. East, a distance of 148.61 feet to a point for corner; Thence North 44 deg. 48 min. 29 sec. East, a distance of20.41 feet to a point for corner; Thence North 64 deg. 48 min. 45 sec. East, a distance of9.51 feet to the Point ofBeginning, containing 188 Sq. Ft. ofland, more or less. **Bearings based on Geodetic North. (FOR SPRG USEONL~\ ADVANCED LAND SURVEYING REVIEWEDBY~~ +f------PcG,BGXC516------lrDATE: F~1-?ijJ$ _- PAlM_ER>TEM~U5152SPR()No. 14S, (214) 724-9190 FAX (888) 748-8412 SHEET I OF 3 ~ "'.s» o,,,'P 'q" BLOCK 764 ~ McDONALD'S CORP. ~~. LOT 1A, BLOCK AJ777 ALUM, DISK REPLAT OF BAYLOR HEALTH CARE SYSTEM "RLGINC" • ~ W.B. MILLER ADDN. VOL. 86250, PG. 4934 (C.M.) ~Q~ DRD.C.T. VOL. 94111, PG.197 P.O.C. OA. "X" CUT SET • V BLOCK 763 LOT 1A, BLOCK Ai780 BAYLOR MEDICAL CENTER VOL. 99029, PG. 0097 M.R.D.C.T. BAYLOR HEALTH CARE SYSTEMS VOL. 97123, PG. 3761 D.R.D.C.T. (FOR SPRG USE ONLY) o; '0; '0 ~~ I REVIEWED BY: 1" =40' DATE: _~..I2.:..!'O~~(&!'6-_ "Bearings based on Geodetic North. SPRG No. 1455 LICENSE AGREEMENT ADVANCED LAND SURVEYING ADJACENT TO CITY OF DALLAS BLOCK No. N780 P.O. BOX 516 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 PALMER, TEXAS 75152 CITY OF DALLAS, DALLAS COUNTY, TEXAS (214)724-9f90f'A>«Slffi[74fj:S,rrz- ...~..__. DATE: JUNE 05,2008 SCALE 1" = 40' LINE TABLE LINE LENGTH BEARING L1 2.98 S4S"10'SS"W L2 6.S3 S64"48'4S"W L3 20.24 S44"48'29"W L4 9.37 S28"46'12"W LS 3.54 54S"10'SS"W L6 12.92 N28"46'12"E L7 20.41 N44"48'29"E L8 9.S1 N64"46'4S"E BLOCKA/762 GASTON EPISCOPAL HOSPITAL ADDITION 188 SQ. FT. VOL. 84040, PG. 3228 M.R.D.C.T. LOT 1A, BLOCK Al780 BAYLOR MEDICAL CENTER VOL 99029, PG. 0097 M.R.D.C.T. BAYLOR HEALTH CARE SYSTEMS VOL 86250, PG. 4921 D.R.D.C.T. i 20 o 20 . ; (FOR SPRG USE O~NLY) I '"I 1"=40' REVIEWED BY: -:;t).,.,'{;;l,..L:+~'Ft!O-_ DATE: ~- "Bearings based on Geodetic North. SPRG No. 1455 LICENSE AGREEMENT ADVANCED LAND SURVEYING ADJACENT TO CITY OF DALLAS BLOCK No. Al780 P.O. BOX 516 JOHN GRIGSBY SURVEY, ABSTRACT No. 495 PALMER, TEXAS 75152 __CllYDEDALLAS, DALLA£.COill'l::LYs-.TEXAS__.. -(214) 724-9190 FAX (888) 748-8412 --- .SHEET 3 OF 3 DATE: JUNE 05, 2008 SCALE 1" =40' EXHIBIT B 1 COMMERCIAL ENTITY ADDITIONAL LICENSE PROVISIONS That this license is granted subject to the following additional conditions, terms and reservations: (a) That at such time as this license is terminated or canceled for any reason whatsoever, GRANTEE, upon orders issued by the City acting through the Director of Development Services, or designee, shall remove all installations, improvements and appurtenances owned by it situated in, under or attached to the licensed area, and shall restore the premises to its former condition in accordance with the requirements of the Director of Development Services at the sole cost of GRANTEE. In the event, upon termination of this license, GRANTEE shall fail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by City, or such work is not done to the satisfaction of the Director of Development Services, then in either event the City shall have the right to do all work necessary to restore said area to its former condition or cause such work to be done, and to assess the cost of all such work against GRANTEE; in neither event shall the City of Dallas be liable to GRANTEE on account thereof. (b) It is further understood that if and when the City of Dallas, in the exercise of its discretion, shall determine that the grade of any street, sidewalk or parkway should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the licensed area, and/or any of GRANTEE's installations and improvements thereon, any modifications or changes to GRANTEE's facilities in the licensed area or in construction or reconstruction of any public improvement attributable to GRANTEE's use of the licensed area and/or its installations and improvements thereon, shall be made at the sole expense of GRANTEE and to the satisfaction of the Director of Development Services. (c) At such time as this license is granted, it is agreed, and a condition hereof, that GRANTEE shall procure and keep in full force and effect Commercial General Liability Insurance coverage issued by an insurance company authorized and approved by the State of Texas, acceptable to the City of Dallas and issued in the standard form approved by the Texas Department of Insurance. The insured provisions of this policy must name the City of Dallas as an additional insured protecting the City of Dallas against any and all claims for damages to persons or property as a result of or arising out of the use, operation and maintenance by GRANTEE of the licensed area and GRANTEE's installations, improvements, landscaping and equipment in connection therewith and located therein. The Commercial General Liability coverage must include, but not limited to, Premises/Operations, Independent Contractors and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of not less than $500,000 per occurrence and $500,000 annual aggregate. This insurance shall also include coverage for underground, explosion and collapse hazards (i.e. not excluded). If this insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than twelve (12) months following termination of this license and removal of the iJ1..ataliation~ License -Commercial Exhibit B ~ Rev 10/2005 D (' ....-1 EXHIBIT B 2 COMMERCIAL ENTITY ADDITIONAL LICENSE PROVISIONS improvements and appurtenances and restoration of the licensed area pursuant to paragraph (a) above. Coverage, including any renewals, shall contain the same retroactive date as the original policy applicable to this license. The City of Dallas reserves the right to review the insurance requirements set forth herein during the effective term of the license and to adjust insurance coverages and their limits when deemed necessary and prudent by the City of Dallas' Risk Management based upon changes in statutory law, court decisions, or the claims history of the industry as well as the City of Dallas. 1. GRANTEE agrees that with respect to the above required insurance, all insurance contracts and certificates of insurance will contain and state, in writing, that coverage shall not be canceled, nonrenewed or materially changed except after thirty (30) days written notice by certified mail to Department of Development Services. 2, GRANTEE shall carry said insurance at its expense and shall furnish the City of Dallas proof of such insurance. In the event said insurance should terminate during the licensing term hereof, or GRANTEE fails to furnish proof of insurance coverage in accordance with the specifications as required by this section, the Director of Development Services, or designee, may terminate the license granted herein. (d) GRANTEE is prohibited from using the licensed area in any manner which violates Federal, State or local laws, regulations, rules and orders, regardless of when they become or became effective, including without limitation, those related to health, safety, noise, environmental protection, waste disposal and water and air quality, and shall provide satisfactory evidence of compliance upon the request of the City of Dallas. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the licensed area due to GRANTEE's use and occupancy thereof, GRANTEE, at is expense, shall be obligated to clean up the licensed area to the satisfaction of the City of Dallas and any governmental body having jurisdiction thereover. The City of Dallas may, at its option, clean the licensed area. If the City of Dallas elects to do so, GRANTEE shall promptly pay to the City of Dallas the reasonable cost of such cleanup upon receipt of bills therefore. GRANTEE agrees that the indemnity provisions contained in paragraph (g) herein shall be fully applicable to the requirements of this paragraph, in event of GRANTEE's breach of this paragraph, or as a result of any such discharge, leakage, spillage, emission or pollution arising out of the GRANTEE's use of the licensed area. (e) This license is subject to all State laws, the provisions of the Charter of the City of Dallas as it now exists, or may hereafter be adopted or amended, and the ordinances of the City of Dallas now in effect or those which may hereafter be passed or adopted. The City of Dallas shall have the right to increase or decrease the compensation to be charged for the use contemplated by this grant in License -Commercial Exhibit B Rev10/2005 EXHIBIT B 3 COMMERCIAL ENTITY ADDITIONAL LICENSE PROVISIONS accordance with the provisions of the Dallas City Code as it now exists, or as may hereafter be adopted or amended. (f) The Governing Body of the City of Dallas reserves the right, at any time without notice, to terminate and cancel this license, by resoiution, upon a finding by the Governing Body that this license is inconsistent with the public use of the property or whenever the purpose or use of the license is likely to become a nuisance and all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City of Dallas shall not be held liable by reason thereof. The decision of the Governing Body of the City in this matter shall be final and binding upon all parties insofar as the City's determination as to whether the GRANTEE's use of this license constitutes a nuisance or is inconsistent with the public use of the property. (9) As a condition hereof, GRANTEE agrees and is bound to defend, indemnify and hold the City of Dallas, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for bodily injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the use, occupancy and maintenance of the licensed area or GRANTEE's installations and improvements within the licensed area, from any act or omission of any representative, agent, customer and/or employee of GRANTEE, or by GRANTEE's breach of any of the terms or provisions of this license, or by any negligent or strictly liable act or omission of GRANTEE, its officers, agents, employees or contractors in the use, occupancy and maintenance of GRANTEE's installations and improvements within the licensed area; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City of Dallas, its officers, agents, employees or separate contractors, and in the event of joint and concurring negligence or fault of both the GRANTEE and the City of Dallas, responsibility and liability, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City of Dallas under Texas law and without waiving any defenses of the parties under Texas law. This obligation to indemnify and defend shall also include any claim for damage that any utility or communication company, whether publicly or privately owned, may sustain or receive by reason of GRANTEE's use of the licensed area or GRANTEE's improvements and equipment located thereon. In addition to the foregoing, GRANTEE covenants and agrees never to make a claim of any kind or character whatsoever against the City of Dallas for damage of any kind that it may suffer by reason of the installation, construction, reconstruction, operation or maintenance of any public improvement, utility or communication facility on the licensed area, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water or wastewater mains or storm sewer facilities, regardless of whether such damage is due to License -Commercial Exhibit B Rev1012005 EXHIBIT B 4 COMMERCIAL ENTITY ADDITIONAL LICENSE PROVISIONS flooding, infiltration, backflow or seepage caused from the failure of any installation, natural causes, City's negligence, or from any other cause whatsoever. (h) This license is subject to any existing utilities or communication facilities, including drainage, presently located within the licensed area, owned and/or operated by the City of Dallas or any utility or communications company, public or private, and to any vested rights presently owned by an utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the licensed area for communication and utility purposes, both public and private, including drainage, over, under, through, across and along the licensed area. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner as to interfere with the operation of any utilities and communication facilities. All and any communication company and utility, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the licensed area. All communication companies and utilities, both public and private, shall have the full right to remove and keep removed all parts of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance and efficiency of its respective system and shall at all times have the full right of ingress and egress to or from and upon the licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. License -Commercial Exhibit B Rev10/2005 ExhibitC Additional License Provisions 1. GRANTEE shall not provide local exchange telephone services or other services directly regulated by the Texas Public Utility Commission ("PUC") without obtaining PUC approval to provide the service and paying any applicable access line fees pursuant to Texas Local Government Code Chapter 283. 2. GRANTEE shall own all lines and facilities used by it within the licensed area. 3. GRANTEE shall not lease, sell, permit or otherwise authorize others, who are not Certificated Telecommunications Providers under Texas Local Government Code Chapter 283, or who do not have a City of Dallas or state-issued video franchise, a license. or a permit, to use any or all of its lines, facilities, conduit space or transmission capacity in any line, cable or facility placed in the licensed area without the prior, written consent of the City of Dallas. 4. GRANTEE shall use its installations and facilities solely for itself, unless and until the other user has been authorized as set out in the prior paragraph, or until the City of Dallas has given its written consent. 5. GRANTEE shall not use its aeriallsubsurface cable andlor fiber optic lines to provide cable services or other video services, as defined in Title 47, Chapter 5 of the United States Code, as amended (47 U.S.C.A., Section 521. et seq), or Chapter 66 of the Texas Utilities Code unless·GRANTEE also possesses a cable or video franchise issued by the City of Dallas or the Public Utility Commission ofTexas. 6. If GRANTEE desires to provide any telecommunications, video or cable services not authorized by this license, it agrees: (i) to pay a separate fee to the City of Dallas for the provision of local exchange telephone service, other telephone services, a service directly regulated by the PUC, cable services, other defined video services, other video services recognized by the FCC, Personal Communication Service or like service, and where necessary, (ii) to obtain a separate franchise, license or permit from the City of Dallas. 7. Should GRANTEE violate any of the terms of this EXHIBIT C, then the rights of GRANTEE under this license shall automatically cease and terminate and the provisions of EXHIBIT B shall control. Revised July2007 ADDENDUM ITEM # 4 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: October 8, 2008 COUNCIL DISTRICT(S): 2, 4, 5, 14 DEPARTMENT: Office of Economic Development CMO: A. C. Gonzalez, 671-8925 MAPSCO: 35 M R U V Y; 36 A B E F J K; 45 C G J K L N P S T U V X Y Z; 55 B C F K P T U X Y; 65 B C G ______ SUBJECT Authorize (1) a public hearing to be held on December 10, 2008 to receive comments to consider the creation of a tax increment financing reinvestment zone for several areas adjacent to DART Light Rail stations for transit-oriented development projects (TOD TIF District) under the authority of the Tax Increment Financing Act, as amended (V.T.C.A, Tax Code Chapter 311); and, at the close of the hearing, (2) consideration of an ordinance creating the TOD TIF District - Financing: No cost consideration to the City BACKGROUND On April 11, 2007, the City Council authorized an amendment to the Public/Private Partnership Program to include a special category for Transit-Oriented Development (TOD) projects in the Guidelines and Criteria governing economic development incentives offered by the City of Dallas. This action authorizes a public hearing to hear comments and consider the first proposed TOD TIF District on December 10, 2008. The TOD TIF District represents the efforts of the City of Dallas to assist in implementing the vision for vibrant mixed-use development adjacent to DART Light Rail stations. The impetus for the proposed TIF District came from several private development groups working independently in different areas of the City. The proposed development projects, even with their adjacency to the rail line, will require substantial public investment to achieve the type of project density and scale needed to create a string of unique destination points along the rail system. The areas included in this district have common issues, financial and strategic, related to transit-oriented development. The TIF District is being initiated, pursuant to the Texas Tax Code (amended in 2007), as the TOD area includes the use of land in connection with and beneficial to the operation of an existing or proposed regional commuter or mass transit rail system. BACKGROUND (Continued) The proposed District also meets other findings as it substantially impairs the sound growth of Dallas, retards the provision of housing accommodations, constitutes an economic and social liability and is a menace to the public welfare due to a substantial number of substandard, deteriorating, and deteriorated structures and infrastructure. The proposed District encompasses the neighborhoods adjacent to the following DART Light Rail stations – Veterans Hospital, Lancaster-Kiest, Illinois, 8th, and Corinth, Cedars, Mockingbird and Lovers Lane. The TIF District would facilitate the redevelopment of several vacant and underutilized areas that are strategically located near DART Light Rail stations. Funding will be used to offset some of the higher development costs related to higher density, mixed-use development such as structured parking and land assemblage as well as fostering the construction of structures or facilities that will be useful or beneficial to the transit system. During the 30 year term of the proposed TIF District, additional taxable value attributed to new private investment is projected at approximately $2,250,000,000. This new development will generate approximately $182,000,000 in TIF revenues. The potential public improvements, based on an estimated budget of approximately $182,000,000 (2008 dollars) will include: z Public infrastructure improvements (water, wastewater, storm, paving, streetscape, utility burial/relocation, and land acquisition) z Environmental remediation & demolition z Facade restoration z Parks, public plazas, open spaces, trails & gateways z Grants for high density projects z Transit Related Improvements z Affordable Housing The Tax Increment Financing ("TIF") Act requires that the City provide all taxing units with a minimum of 60-days notice prior to the public hearing that precedes the establishment of a reinvestment zone for tax increment financing unless a waiver of this requirement is granted by the governing bodies of both the county and school district. Staff will meet with Dallas County and the Dallas Independent School District representatives prior to December 10, 2008 to brief them on this proposal. This action authorizes the public hearing and directs City staff to give 60-days notice to each taxing unit in the proposed TOD TIF District, and directs City staff to give notice of the public hearing in a newspaper having general circulation in the City. Agenda Date 10/08/2008 - page 2 BACKGROUND (Continued) The action to set the public hearing date and to notify other taxing units does not commit the City to create the TIF zone. The preliminary reinvestment zone financing plan for the TOD TIF District consists of a program of public improvements, under the authority of the TIF Act, which is intended to stimulate private investment that would not otherwise occur or occur to the same extent. After the close of the public hearing the City shall consider an ordinance creating a TIF reinvestment zone for the TOD TIF area to be known as "Tax Increment Financing Reinvestment Zone Seventeen, City of Dallas, Texas" (also referred to as the TOD TIF District). State Law requires TIF reinvestment zones for the City to be numbered consecutively based on the date the zone is created, accordingly, the zone number for the TOD TIF District will be assigned at the time the ordinance is approved. It is anticipated that the ordinance will provide for the TOD TIF District to terminate after 30 years or on the date that all project costs have been paid in full, whichever occurs first. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 2, 2008, the Economic Development Committee was briefed on policy initiatives for the proposed TOD TIF District. FISCAL INFORMATION No cost consideration to the City MAP Attached. Agenda Date 10/08/2008 - page 3 (! Proposed TOD TIF Boundary NORTH WEST B B U L C U LOVERS K F LOVERS NE F V ! ( R I N E A W M L L I K E (! S M O (! R D MOCKINGBIRD R I H D A A E R N R TO Y N H IN E S E L L D I O V D O E N (! N W L A E L N O I E R H LIFF C M WYC R A A A G R L H G R P E E Y LE M N H M D D IN C O E AN E R S S ED N S RL (! A B O M A R E N A G ut75 N S R P N (! R E LINDELL B IN T A H ING E T IRV G L B IG S (! E H IS A L R L C A O ! N T ( R S O D O A S N N N D C O O A M T M R S R 35E A U G I § K G N T R ¦¨ S A G V G A I Y O R N E E G E E A V R H N I M A L P L M N I E E SAMUELL N L A A A K K W ANADA V C C C I N L A N I N N M Y P A D V D (!(! E B H A S U A A I S R 30 R P E T F L ! ¦¨§ R L W ( O R IE (! (! Y F I L D O A D ! R L ( M N OVER IL E (! LM CL 1S (! IT Y E C T A (! N E R AI N Y M R T O H M SINGLETON R BE G IL S A U ITA (! T L RT H RY P Z A D B IT U AN (! C F (! L R UL COMMERCE T G L S UM 45 M 30 N (! ¦¨§ A ¦¨§ O L C T E O SCYENE SCYE S R L (! NE (! U V M O A X H Y 35E ¦¨§ E L IN A ut175 P M A R R E 2 R H N E TC D L A Y G H T N A 8TH 8TH MACON Z BRUTON DAVIS C K (! E L N 2 O T N G P R D A N L A JEFFERSON Z (! (! T N S T R O H S L E D T E A L N E R Y N R R I C T A T R L G R N C L O A ! L ( E (! N I I C D C E H W C E N O N T O R N (! E R N OVERTO B E (! M V E P ILLINOIS ST S E I KI L A C SANER S E R N A T N R 2 K M 1 O A P L T L OO O (! L P P Miles KIEST AM C K H E 010.5 L N O T R ² P 2 1 A OP L Legend LO City of Dallas City of Dallas DART Red Line Office of Economic Development (! ER Proposed TIF DART Blue Line TT http://www.Dallas-EcoDev.org BE TER ED (! DART Dallas Rail Stations Trinity Railway Express CreatedLE OctoberDBE T2008 L Source: City of Dallas; DART COUNCIL CHAMBER October 8, 2008 WHEREAS, the City desires to promote the development and redevelopment of the Transit-Oriented Development (TOD) sites by creating a tax increment financing ("TIF") reinvestment zone, (the "TOD TIF District"), pursuant to the Tax Increment Financing Act, Chapter 311 of the Tax Code as amended, (the "Act"); and WHEREAS, on February 23, 2005, the City Council authorized the Criteria for Evaluating Potential TIF Districts as a policy tool for the Area Redevelopment Program by Resolution No. 05-0745; and WHEREAS, on April 11, 2007, the City Council authorized an amendment to the Public/Private Partnership Program to include a special category for Transit-Oriented Development Projects in the Guidelines and Criteria governing economic development incentives by Resolution No. 07-1186; and WHEREAS, City Council finds that the proposed TOD TIF District area (as shown in Exhibit A1-A6) includes the use of land in connection with and beneficial to the operation of the Dallas Area Rapid Transit (DART) rail system as well as fostering the construction of structures or facilities that will be useful or beneficial to the transit system and that conditions in the proposed TOD area substantially impair the sound growth of the municipality and that development or redevelopment of the district according to the City’s Comprehensive Plan, ForwardDallas, would not occur solely through private investment in the reasonably foreseeable future; and WHEREAS, in accordance with the Act, the City must hold a public hearing on the creation of the proposed TOD TIF District and its benefits to the City and to property in the proposed district; and WHEREAS, the Act further requires the City to notify the other taxing jurisdictions which levy real property taxes in the proposed TOD TIF District of its intent to establish the reinvestment zone at least sixty (60) days prior to holding a public hearing regarding the creation of the Zone, unless the 60-day requirement is waived by the county and school district and to publish notice of the hearing in a newspaper having general circulation in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That a public hearing is authorized to be held before the City Council on December 10, 2008, for the purpose of receiving public comment on the creation of a TIF reinvestment zone for the proposed TOD TIF District and its benefits to the City and to property in the proposed reinvestment zone. Section 2. That the City Council finds the recitals above to be true and correct. COUNCIL CHAMBER October 8, 2008 Section 3. That a preliminary reinvestment zone financing plan has been evaluated in accordance with the statutory criteria prescribed by the Act and the approved criteria in Resolution Nos. 05-0745 and 07-1186. Section 4. That after the close of the public hearing the City shall consider an ordinance creating a Tax Increment Financing Reinvestment Zone, City of Dallas, Texas, to be known as the TOD TIF District. Section 5. That the boundaries for the TOD TIF District are shown on the map attached hereto as Exhibit A1-A6 and the preliminary reinvestment zone financing plan, showing the tentative plans for development of the zone, and an estimate of the general impact of the proposed zone on property values and tax revenue for the TOD TIF District is attached hereto as Exhibit B. Section 6. That not later than the seventh (7) day before the date of the public hearing, the City Manager shall cause notice of the public hearing to be published in a newspaper having general circulation in the City. Section 7. That the City Manager or her designee is authorized to act on behalf of the City Council to undertake all other preliminary preparations and actions in accordance with the Act including notice to the taxing jurisdictions, the formal presentations of the TIF Project Plan to the governing bodies of Dallas County and the Dallas Independent School District and meeting with the designated representatives of each of the taxing units levying real property taxes in the proposed reinvestment zone. Section 8. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. Distribution: Office of Economic Development – Tenna Kirk, 5CS City Attorney's Office - Barbara Martinez City Attorney's Office - Sarah Hasib (! Proposed TOD TIF Boundary NORTHW ES T B B U LU C LOVERS K F LOVERS NE F V ! ( R I N E A W LM L I K E (! S M (! RO D MOCKINGBIRD R I H D A A EN R R TO Y N H IN E S E LL D I O V D O E N (! N W L A E L N O I E R H LIFF C M WYC R A A A G R L H G R P E E Y LE MMO N H D D IN C E AN E R S S EDA N S RL (! B O M A R E N A G ut75 N S R P N (! R E LINDELL B IN T A H NG E T IRVI G B IGH S (! E ISL A L R L C A O ! N T ( S O D O AR S N N N D C O O A M T M R S R A UN G I §35E K G T R ¦¨ S A G V G A Y O R IN E G E A E V R H NE I M A L P L M N I E E SAMUELL N L A A A K K W DA V CANA C I L A N IN N NAD MC Y P D V (!(! E B H A S U A A I S R 30 R P E T F L ! ¦¨§ R L W ( O R IE (! (! Y F I L D O A D R L (! M N OVER IL E (! LM CL 1S (! IT Y E C T A (! IN E R MA N Y T RO H M SINGLETON R BE G IL S A U ITA (! T L RT H RY P Z A D B IT U AN (! C F (! L R UL COMMERCE T G LUM S 45 MAL 30 N (! ¦¨§ ¦¨§ O C T E O SCYENE SCYEN S R L (! E (! U VA M O X H Y 35E ¦¨§ E L IN A ut175 P M A R R E 2N R H E C D L AT Y G H T N A 8TH 8TH MACON Z BRUTON DAVIS C K (! E N 2 OL T N G P R D A N L A JEFFERSON Z (! (! T N S T R O H S L E D T A L N E RE Y N R R I T A C T R L G R N C L O A (! E L (! N I I C D C E H W C E N O N T O R N (! E R N OVERTO B E (! M V E P ILLINOIS ST S I KIE L A C SANER S EN R A T N R 2 M 1 O A LK L OOP O (! L PT P Miles KIEST AM C K H E 010.5 L N O T R ² P 2 1 A OP L Legend LO City of Dallas City of Dallas DART Red Line Office of Economic Development (! ER Proposed TIF DART Blue Line TT http://www.Dallas-EcoDev.org BE TER ED (! DART Dallas Rail Stations Trinity Railway Express CreatedLE OctoberDBE T2008 L Source: City of Dallas; DART R Proposed TOD TIF BoundaryE - Lovers Lane & Mockingbird Stations K E D E LOVERS O B L A Y R R T U B N S E E C M MILTON A MILTON L A R L T A R N T E N C E C BIRCHBROOK Y A DANIELS W H T R AL E O R L L T N N VI E C N E A E UNIVERSITY D R L I J G A T A S O M N FONDREN E L SANDHURST A L M VI E N S E B E U R R DYER G Y YALE L A R A T L N O E C C R O W WOODCREST T WIN O A H SIX R A C TIE D L S N I M T L O A E RAVENDALE C D M R PALM E M O H MOCKINGBIRD N A L R L A I WINTON WINTON WINTON M M L C E M D ANITA ANITA A L O C R ELLSWORTH O ELLSWORTH ELLSWORTH W KENWOOD L A N E KENWOOD E O TR C M N E E N MATALEE Miles E C R L PENROSE B ² G PENROSE 00.10.05 E K Legend DART Red Line N R City of DallasI I L D MARTEL E R City of Dallas I DART Blue Line Office of Economic Development O A MARTEL http://www.Dallas-EcoDev.org NC Proposed TIF Trinity Railway Express E Created October 2008 L (! DART Dallas Rail Stations REVERE G LONGVIEW Source: City of Dallas; DART S T P Proposed TOD TIF Boundary - CedarsA West 5 G A U I 4 R N L TON I BRO A N F CADIZ IC HOR F S L T I W R R N D O L E C IA R ON M CANTON HA RE L THORNTON RW CE R O OD TON N R O H PA G T R IAL RI L IN K MEMOR FFI R F N IF O R R G R O S N T N A P FI G AU IF L R G A Y K E P A N B N E R E R O T D K O T W E A W R R L D O A S B E H L R H L O R T A N E TA D L T M T N U Y ER A A A R H IV R O M L W L A I O L N K N P U T M IC A S O I L W N LL E H A A E RV L N G R A L A E S Y E F S N K E N A R O T C R T SULLIV M Y M A O H M Z N E I W W A S T D G T B S A PO A F O C L O R L L L R E A A N T A N U M A N G S AR B O E TI R E M E N U D U S W Y A IE H E V B B E R G L O I L W LK D S BE ER H A N EE N VA D K A L C W S O M A G N L O R L U A LD RO E R E P D AR N N A E X W L E A L L L A L N O R R L E O A K B F R AU F A R U P A ST B E I H D N T IN R Y O R C E M C O O G C A T K M N R L O E A R M LA L O M L CK E I S SL A AN IN D DU G S IN TR N IA N L E H D N A L S I I ND K U C ST O RI R AL ² Miles 00.10.05 City of Dallas Legend DART Red Line P OfficeER of Economic Development City of Dallas DART Blue Line IM http://www.Dallas-EcoDev.orgET Proposed TIF ER Trinity Railway Express Created October 2008 (! DART Dallas Rail Stations Source: City of Dallas; DART Proposed TOD TIF Boundary - 8th & Corinth Station H S T E N V I H A U T R E O R T N C L C A H A C I E I C N H S E B P B T O B H G I P R E R B IM L E A T TE C R U T D S A I H CAN V T YO N N I R O C T S H CH T CHUR 8T N H I R O C AT 9TH WO OD M O N FE AG TA H AN PLUM AN S N CLARENDO 8 TH RTH 1 NO 1 T H 11TH S LOTU AVENUE C W E I AVENUE D V E I N N B O UE B EN AV N A R C F R E L T E LY NE I IC F BADEN A S A U D L A K E U N RE F E O I J V O I A T A M C M R E A T E N TO H LEY MP A VAL CO T T C O A N R E Y LE OY Miles N D ²E AW 00.060.03 D RS D A I E Legend W CityL of Dallas DART Red Line Y IN G O B D City of Dallas Office of Economic Development R O DART Blue Line L I O http://www.Dallas-EcoDev.org G W Proposed TIF Trinity Railway Express Created October 2008 (! DART Dallas Rail Stations Source: City of Dallas; DART IOWA SUSS Proposed TOD TIF BoundaryK - Illinois StationEX to KiestK Station IOWA C IOWA T AR U S AN T E L R S D R B H A T C IN N R U R F GEORGIA O B A E C E D R D E E GEORGIA N N A C L RL W A HE D O UT N O SO A D A L I Y C R LOUISIANA E A A UISIANA L LO C D H N N A LA E ER D TH T SOU S H WOODIN WOODIN T N I T R O N N C O O T M T I A R L B MONTANA O ZO Y S N RI A E O L L N IO ILLINOIS ILLINOIS OH DE RI L U A O N S IS C B M A E S L T K E N R OHIO OHIO A F P O W L E R T S E R MISSOURI C R C MISSOURI R E T E A A D S S D A T O E C NC ELMORE R K A N B L D O O T ELMORE O W T I O L K R I W N A D E B N G L O LL MADRID M R G W OG E E N R D F E A IN G E N G B E HOBSON LKN A HARBOR P L IL H P T A M S T E E OL H R L C SUTTER G SANER A R R IS CAPE COD O KIEST N COVE SIDE HT IG BR H AT ILL P D RH ER E E DE N OV L EY E V Y GE MC LA VIL MCVEY NG NI OR B L C IG AL L V O STO W F E R H A I S A O D T T T E S E Miles U E T N R R ² S L C IE E A 00.10.05 K Y LE A Legend DART Red Line City of DallasK Y N S LE TO Office of EconomicA Development AK City of Dallas ER DART Blue Line R O OV FA B OD AR E Proposed TIF http://www.Dallas-EcoDev.org WO Trinity RailwayM Express N Y Created October 2008 MA (! DART Dallas Rail Stations Source: City of Dallas; DART O Proposed TOD TIF Boundary - VA StationP A L RBOR ANN A DE N L E Y D E N L E Y R NTO ME L AN C A S T F E E R R N WO O D L A G N R C A A C S E T Y E R ² Miles 00.030.015 Legend D City of Dallas E DART Red Line B N A City of DallasL Office of Economic Development R E DART Blue Line T Y LAS L Proposed TIF http://www.Dallas-EcoDev.org AT E T Trinity Railway Express Created October 2008 T (! DART Dallas Rail Stations Source: City of Dallas; DART Exhibit B TOD Tax Increment Financing District Project Plan & Reinvestment Zone Financing Plan October 8, 2008 Acknowledgements The TOD TIF District Project Plan and Reinvestment Zone Financing Plan was prepared by the City of Dallas, Office of Economic Development in an effort to promote higher density development at several strategically important DART Light Rail Stations. The Office of Economic Development wishes to acknowledge the efforts of everyone who contributed to the development of this plan, including the following organizations and individuals: City of Dallas Mary Suhm City Manager Ryan Evans First Assistant City Manager A.C. Gonzalez Assistant City Manager Karl Zavitkovsky Director, Office of Economic Development Hammond Perot Assistant Director, Office of Economic Development Vernae Martin Assistant Director, Office of Economic Development Karl Stundins Area Redevelopment Manager, Office of Economic Development Sue Hounsel Senior Coordinator, Office of Economic Development Pam Veshia Economic Development Analyst, Office of Economic Development Tamara L. Leak Economic Development Analyst, Office of Economic Development Barbara Martinez Assistant City Attorney, City Attorney’s Office Sarah Hasib Assistant City Attorney, City Attorney’s Office Dallas City Council Mayor Tom Leppert Tennell Atkins Mayor Pro Tem Dr. Elba Garcia Sheffie Kadane Deputy Mayor Pro Tem Dwaine Caraway Jerry Allen Pauline Medrano Linda Koop Dave Neumann Ron Natinsky Vonciel Jones Hill Mitchell Rasansky Steve Salazar Angela Hunt Carolyn Davis Other Prescott Realty Group Matthews Southwest Hamilton Properties ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 2 TOD TIF District Table of Contents Section 1 - Project Plan 4 Background 4 Exhibit A: TOD TIF District Maps 7 Development Goals and Objectives 13 Description of TOD TIF District 16 Existing Uses 18 Exhibit B: TOD TIF District Existing Conditions 19 Existing Zoning 26 Market Feasibility 26 TIF District Policy Considerations 27 Section 2: Project Plan Improvements 28 Public Improvements 28 Planned Private Development 33 Exhibit C: Conceptual Renderings of Anticipated Development Projects in the TOD TIF District 34 Section 3: Financing Plan 36 Financing Plan 37 Exhibit D: TOD TIF District Project Plan Improvements 38 Exhibit E: Annual Real Property Appraisals and City/County Tax to the TOD TIF Fund 41 Financial Assumptions 42 Financial Feasibility 43 Financial Policies 43 Conclusions 44 Appendix A: 2008 DCAD Real Property Accounts in the TOD TIF District 45 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 3 TOD TIF District Section 1 - Project Plan Background The Transit Oriented Development (TOD) Tax Increment Financing (TIF) District (referred to as the “District” or the “TOD TIF District”) represents an effort of the City of Dallas to provide a model for encouraging the development of dense, pedestrian- friendly transit oriented developments adjacent to several stations located in the central part of Dallas. These prospective redevelopment areas contain significant amounts of undeveloped/underdeveloped land parcels that would not be developed without public assistance. The TOD TIF District area will help create a series of unique destinations, as well as foster the construction or structures or facilities that will be useful or beneficial to the development of transit stations along the DART light rail system in the central portion of the City. Chapter 311 of the Tax Code was amended in 2007 to provide for the creation of a reinvestment zone of this nature. Chapter 311 permits the designation of an area as a reinvestment zone when the use of the land within the zone is in connection with and beneficial to the operation of a mass transit rail system. Many of the existing multi-family and commercial buildings in the TOD TIF area are reaching structural obsolescence and are not readily adaptable for denser, more urban uses. Older retail centers do not adequately serve the needs of the community due to dated facilities, design, lack of pedestrian amenities, adequate signage and parking, and difficulties in tenant recruitment. Public infrastructure in the corridor is lacking, and not adequate for higher density uses. Trail connections and open spaces in these areas are also inadequate for the higher intensity uses anticipated. The TOD TIF District was originally discussed in April 2007. This proposal meets the minimum requirements outlined in City Council Resolution 07-1186: • A cumulative investment of $300,000,000 for new mixed-use, commercial, retail and/or residential development; • The development occurs in the proximity of at least two DART light rail transit stations (with one or both in the southern portion of Dallas); • Residential developments seeking incentives shall have a 20% affordable housing set aside in North Dallas and provide mixed- income housing in the southern portion of Dallas; and • All projects receiving incentives must meet the City’s established Fair Share guidelines for M/WBE participation. The TOD TIF District includes areas with redevelopment potential near the following DART light rail stations: ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 4 TOD TIF District • Veterans Hospital • Lancaster-Kiest • Illinois (Cedar Crest area) • 8th and Corinth • Cedars (West) • Mockingbird Station • Lovers Lane Maps of the TOD TIF District is included (see Exhibit A). All property in the District is contiguous and consistent with the economic objectives in this Plan. The District contains approximately 559 acres, not counting rights-of-way that the Dallas Central Appraisal District (DCAD) does not identify as land parcels. A preliminary version of the TOD TIF District is being initiated by the City of Dallas, pursuant to Section 311.005 of the Texas Tax Code, as the TOD area includes the use of land in connection with the operation of an existing or proposed regional commuter or mass transit rail system – in this case the DART Light Rail System. The proposed District also meets other findings as it substantially impairs the sound growth of Dallas, retards the provision of housing accommodations, constitutes an economic and social liability and is a menace to the public welfare due to a substantial number of substandard, deteriorating, and deteriorated structures and infrastructure. This preliminary plan, including the district boundaries, project plan, and financing plan, is the result the efforts of City staff. In accordance with State law, less than 10 percent of property in the District is currently being used for residential use with fewer than five living units. The estimated taxable value of the District for tax year 2008 is $320,347,823. This estimated base value is derived from 2008 data from the Dallas Central Appraisal District and will be adjusted to match final tax roll figures when available. It equates to 0.4% of the $ 72,073,106,410 (certified 2008) of taxable real property in the City of Dallas. Texas cities may not create a reinvestment zone if the total appraised value of taxable real property in the proposed zone and existing reinvestment zones exceeds 15% of the total appraised value of taxable real property in the municipality and any industrial districts created by the municipality. The value of the proposed District and all other reinvestment zones in Dallas is beneath this statutory limit. In addition, the appraised value of real property in this and all other Dallas TIF reinvestment zones combined is below the maximum threshold of 10% of the City’s tax base, as set by the City’s Financial Management Performance Criteria (FMPC) as amended on April 11, 2007. The proposed duration of the TOD TIF District is 30 years. The TIF will begin on January 1, 2009, and is scheduled to terminate December 31, 2038. The City’s participation essentially follows a bell curve. The City’s participation will be 70% in 2009 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 5 TOD TIF District through 2011, and then increase to 85% in 2012 through 2029. It then decreases to 70% for 2030 and the remaining years of the TIF. TIF collections will terminate once the TIF budget has been collected or on December 31, 2038, whichever occurs first. Based on current development projections, the TIF budget is expected to be reached in 2030, after twenty-five years of collections. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 6 TOD TIF District Exhibit A-1 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 7 TOD TIF District Exhibit A-2 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 8 TOD TIF District Exhibit A-3 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 9 TOD TIF District Exhibit A-4 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 10 TOD TIF District Exhibit A-5 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 11 TOD TIF District Exhibit A-6 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 12 TOD TIF District Development Goals and Objectives The following development goals will meet the specific needs of the TOD TIF District: • Goal 1 – To create additional taxable value attributable to new private investment in projects in the TOD TIF District totaling approximately $2,250,000,000 over 18 years. • Goal 2 – To attract higher density new private development in the TOD TIF District totaling approximately 2,200,000 square feet of retail and office space and 8,500,000 square feet of residential development, including townhome, multi-family, and single-family projects. • Goal 3 – To focus on encouraging the redevelopment of properties in the TOD TIF District, increase density and provide enhanced urban design for the various station areas (Exhibits A1-6) that is commensurate with the ForwardDallas, the City’s Comprehensive Plan. • Goal 4 – Encourage development projects that will increase DART ridership at rail stations within the TOD TIF District. • Goal 5 – To improve access and connections between DART light rail station areas and strategic Dallas area amenities such as the campus and future research facilities of Southern Methodist University, the Bush Presidential Library, the West End Historic District, Union Station and Reunion Tower, the Convention Center and proposed Convention Center Hotel, the Trinity River, Southside on Lamar, Dallas Zoo, Cedar Crest Golf Course, and Veterans Memorial Hospital. • Goal 6 – To increase recreational opportunities and improve connections to the City of Dallas trails and open space system in the District. • Goal 7 – To maintain the stability of local schools as redevelopment occurs in the housing market and promote improved training and job creation through partnerships with Southern Methodist University. • Goal 8 – To generate approximately $182 million (NPV; 2008 dollars) in increment over 25 years of collections, with up to 85 percent participation by the City and 55 percent participation by Dallas County. • Goal 9 – To diversify retail and commercial uses in the District. • Goal 10 – Add residential density and destination related activities near DART light rail station within the District to promote overall system ridership and increase ridership levels at the specific stations in the District. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 13 TOD TIF District The following specific objectives set the framework for the planned public improvements within the TOD TIF District: • Provide funding for land acquisition, environmental remediation and interior/exterior demolition assistance to encourage redevelopment of property within the TOD TIF District. • Upgrade basic public infrastructure including streetscape improvements, utilities, storm drainage, and water/wastewater lines to support redevelopment in the District. • Improve the pedestrian environment through sidewalk improvements, landscaping, lighting, design standards, and burial of overhead utilities, including improved pedestrian connection between and throughout park facilities and future facilities in the district. • Develop programs to assist in the retention of families in the corridor that may be displaced as a result of TIF-related renovations to find housing in the area. • Provide funding for school facility improvements or modifications in response to changing enrollment patterns resulting from development and redevelopment along the corridor and to encourage research and job development. • Coordinate linkages with the planned DART light rail line by extending streetscape improvements to create enhanced pedestrian areas adjacent to the planned line. • Encourage public infrastructure improvements that will facilitate increased usage and ridership at the DART rail stations within each sub-district of the TOD TIF District, including improvements and upgrades of DART facilities. • Direct overall development of the TOD TIF District through the application of design guidelines for public improvements and private development. • Encourage development of new residential, retail, office and research uses to complement the District. • Develop a grant program to promote greater density in the corridor. The TOD TIF District Project Plan and Reinvestment Zone Financing Plan (the “Project Plan”) provides a long term plan to replace and upgrade the public infrastructure and encourage redevelopment of underutilized property in the TOD TIF District. The public improvements enumerated in the Project Plan provide for $182,000,000 (net present value) worth of public infrastructure improvements; environmental remediation and demolition; parks, open space, trails and gateways; façade restoration; grants for high ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 14 TOD TIF District density projects; affordable housing and administration. Tax increment financing will be used to pay for these improvements. The City may consider a TIF bond sale at a future date based on evidence of significant new taxable value being captured and financial benefits from bond financing. Any TIF bond financing is subject to City financial policies and review by the City’s financial and legal advisors and independent City Council approval. Certain costs of improvements, as further discussed herein, are eligible for funding with tax increment revenues under legislative actions taken in 2005. These improvements enumerated in the Project Plan may be implemented in the form of loans or grants of TIF revenues, subject to final construction plans, for costs associated with dense redevelopment, particularly on irregularly shaped and small lots as found throughout the district. The cost to provide adequate density on these lots includes expensive parking structures and other considerations, which increase the cost of development. The City will enact and implement controls sufficient to ensure that any grant funds provided will be used to fulfill the public purposes of developing and diversifying the economy of the TOD TIF District, eliminating unemployment or underemployment in the District, and developing or expanding transportation, business and commercial activity in the District. This plan is intended to encourage private development and public infrastructure improvements thereby improving the economic factors for redeveloping the TOD TIF District. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 15 TOD TIF District Description of TOD TIF District The TOD TIF District contains a series of DART light rail station areas connected by the rail line. Chapter 311 of the Tax Code was amended in 2007 to allow the creation of a reinvestment zone for properties that have some connection to and will benefit a mass transit rail system. The following sub-districts of the TOD TIF are located in and around an existing or proposed DART light rail station. All of these areas have common redevelopment issues, including the need for urban scale/TOD zoning, infrastructure upgrades, and flexible incentives to encourage density that is transit and pedestrian friendly. Specific characteristics of the individual station areas are listed below: Veterans Hospital Station The Veterans Station is located at the intersection of Lancaster Road and Mentor Avenue. The DART rail line serves as a dividing line for Lancaster Road, with the Veterans Memorial Hospital being located on the east side. West of the rail are ideal redevelopment properties. The existing land uses adjacent to this station include functionally obsolete retail structures, such as used car sales lots, motels (slated for demolition), detail shops and convenience stores. Kiest Station The Lancaster Kiest Station is located at the intersection of Lancaster Road and Kiest Boulevard. The DART rail line serves as a dividing line for Lancaster Road, with the Lancaster-Kiest Shopping Center being located on the east side of the rail. The shopping center has expansive amounts of surface parking void of landscaping with fractured retail uses in a large strip mall structure. A functionally obsolete apartment community is located east of the shopping center. Crest Shopping Center The Crest Shopping Center is located between the Kiest and Illinois rail stations on the west side of Lancaster Road. The strip retail center is comprised of laundromats, discount stores and neighborhood retail uses. The site has vast amounts of surface parking with most of it underutilized on the west side of the center. The structure is configured on the lot in a way that renders nearly a third of the property undeveloped, providing adjacent homes the view of the deteriorated rear façade of the structure. The Church of Christ cemetery is shown to be included in this sub-district’s boundary, but there are no plans to redevelop the property. Illinois Station (including a portion of area adjacent to the Cedar Crest Golf Course) The Illinois Station is located on Denley Drive, north of Illinois Street. The Station is just north of the Crest Shopping Center. This station is surrounded by neighborhood retail uses on irregularly shaped lots. Additionally, the Cedar Crest Golf Course is located in close proximity to the Illinois Station. Nestled ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 16 TOD TIF District between Illinois Street and the golf course are single family homes and a small older apartment complex. 8th and Corinth Station The 8th and Corinth Station is located at the intersection of 8th and Corinth Streets. This rail station is surrounded by a variety of incompatible land uses. To the east of the station is a cluster of light industrial uses including engine repair and salvage yard, while properties west of the station include vacant lots, light industrial and apartments (Dallas Housing Authority). Cedars (West) Station The Cedars light rail station is located at the intersection of Belleview and Wall streets, two blocks east of Lamar. The area included in the TOD TIF is south of the Cedars Station and encompasses properties approximately 850 feet south of Industrial Boulevard, north to Lamar Street. The land uses in this area are predominately industrial in nature with aging or inadequate infrastructure. Redevelopment of this area is a high priority as part of the Trinity River Corridor Project. It is the intention of the Trinity River Corridor Project to provide a connection to the Cedars Rail station to the northwest. Mockingbird Station/Lovers Lane Despite the sub-districts close proximity to the Mockingbird Station mixed use center and some higher density commercial and hotel uses along the Central Expressway frontage, there is an older core area of property with redevelopment challenges. Surface parking lots and underutilized warehouse, office and retail uses can be found between the Mockingbird and Lovers Lane DART stations. Boundaries that follow public streets and highways shall be construed to extend to the far sides of such rights-of-way, measured from the reinvestment zone. Boundaries that approximate property lines shall be construed as following such property lines (see Exhibits A1-6). The boundary of this District follows the DART light rail lines and right- of-way. If at any time during the life of the TOD TIF, rail lines should be reconfigured or moved, the boundary of the TOD TIF District will follow the new location of the rail line. In some instances rail lines or right-of-way may cross parcels. In this case, if the particular parcel bisected by the rail line was not originally included in the boundary of the District or the boundary has not been amended to include the parcel, the parcel will not be considered as within the TOD TIF District. The District contains approximately 559 acres, excluding rights-of-way that the Dallas Central Appraisal District (DCAD) does not identify as land parcels. Appendix A identifies all real property accounts within the TOD TIF District boundary, as listed by the Dallas Central Appraisal District 2008 records. Parcels identified as outparcels on the TOD TIF Boundary Maps (Exhibits A1-6) are not within the TIF District unless the boundaries are further amended in accordance with the law. The base value of the District is the total appraised value of all taxable real property in the District as determined by the Dallas Central Appraisal District certified tax roll for 2008. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 17 TOD TIF District The estimated real property taxable value of all taxable real property within the TOD TIF District for tax year 2008 is $320,347,823. Existing Uses The TOD TIF District encompasses underutilized and/or deteriorated commercial, industrial, residential, public and multifamily residential properties along the TOD corridor. A significant number of the existing uses are pre-existing non-conforming uses. The District is a mixed-use area, primarily composed of existing industrial and commercial structures, vacant and abandoned office structures, surface parking lots, and undeveloped property. Exhibit B shows the existing conditions for the area within the TOD TIF Boundary (for specific parcels included in the TIF District refer to Exhibits A1-6, the TIF Boundary Map). ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 18 TOD TIF District Exhibit B-1: TOD TIF District Existing Conditions VA Station ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 19 TOD TIF District Exhibit B-2: TOD TIF District Existing Conditions Kiest Station ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 20 TOD TIF District Exhibit B-3: TOD TIF District Existing Conditions Crest Shopping Center ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 21 TOD TIF District Exhibit B-4: TOD TIF District Existing Conditions Illinois Station ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 22 TOD TIF District Exhibit B-5: TOD TIF District Existing Conditions 8th and Corinth Station ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 23 TOD TIF District Exhibit B-6: TOD TIF District Existing Conditions Cedars (West) ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 24 TOD TIF District Exhibit B-7: TOD TIF District Existing Conditions Mockingbird/Lovers Lane Stations ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 25 TOD TIF District Existing Zoning The TOD TIF District area is generally governed by existing zoning regulations that include a variety of residential and commercial designations. However, to accomplish the goals of the District, alternative zoning may be needed such as form-based zoning or TOD overlay codes soon to become available as part implementation of the ForwardDallas! Comprehensive Plan. Market Feasibility The predominant land use in the planned TOD TIF District development program is urban-scale, transit-oriented mixed-use development. If built as planned, this development will create activity hubs near rail stations and more sustainable balances of residential and non-residential uses throughout the district. In addition, the residential development should also drive the demand for new retail space in the station areas, as well as mitigate the presence of pre-existing, non-conforming businesses. Therefore, the market feasibility evaluation conducted by city staff in August, 2008 showed that by creating a more sustainable mix of residential and conforming business uses, the residential and retail development markets will expand and enable property value in the area to increase. This analysis was made in accordance with the provisions of Section 311.011 of the Texas Tax Code. The forecast for new construction if this plan is adopted and implemented, by 2038 is approximately 10,000 apartments and town homes/condominiums (8,500,000 square feet of residential space) will be developed. This change in housing type will enable the area to attract approximately 1,000,000 square feet of new retail space and approximately 1,200,000 square feet of office and research space. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 26 TOD TIF District TIF District Policy Considerations The TOD TIF District’s estimated real property tax value in 2008 was $320,347,823 for the City and varies for the other taxing entities based on exemption levels. By 2038, the District’s assessed real property tax value is forecasted to increase to approximately $3,621,749,381. Since the TIF receives revenue only from the taxable value which exceeds the base year, “captured” taxable value accruing to the TOD TIF District will be approximately $3,301,401,558. Of the $3,301,401,558 in captured taxable value, approximately $2.25 billion will be attributable to new private investment and $1.05 billion will be due to property appreciation. The cumulative incremental property tax revenue potential of the planned development will be approximately $182,000,000 (net present value) for public improvement projects. Future development projects in the TOD TIF District may include demolition or extensive renovation of existing multi-family residential property. It is understood that some displacement may occur by redevelopment activity within the TIF District and the City will only provide TIF assistance for projects where the incidence and impact of any displacement have been minimized. Specific relocation plans and policies will be developed at a later date. Twenty percent of all housing units in the District using TIF funds must meet the City and County established criteria for affordable housing. Affordable housing units are those which are affordable to a household earning 80% or below of the median family income for the Dallas metropolitan area. A developer may, subject to City and County approval, propose an alternative means of fulfilling the City’s and County’s affordable housing requirement. Other requirements to qualify for TIF funds include compliance with Fair Share Guidelines for private construction and promotion of hiring for neighborhood residents for permanent jobs created. This latter requirement means TIF applicants will agree to sponsor job fairs or other programs to attract residents to jobs. The process for Fair Share Compliance and City oversight will be negotiated by City staff and included in the development agreement for each individual project. Design guidelines for new development and redevelopment in the TOD TIF District shall be developed and adopted by the TOD TIF Board of Directors within two years after the creation of the District. Once the guidelines are adopted, any future development project requesting TIF funds will be required to comply with these design guidelines. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 27 TOD TIF District Section 2: Project Plan Improvements The public improvements enumerated in the Project Plan provide for approximately $182 million for the public improvement categories listed below (see Exhibit D in Section 3 for a budget of proposed public improvements): Public Improvements The TOD TIF District budget will be used to fund improvements related to development projects that support the area. This development will be associated with the replacement or redevelopment of existing non-conforming uses, retail centers, and other commercial uses in the corridor. The public improvements are intended to facilitate the development of structures or facilities that will be useful or beneficial to the rail stations within the TOD TIF District. Public Infrastructure Improvements A. Street and utility improvements. This category includes TIF eligible expenditures for street paving and related items, infrastructure upgrades/relocation (water, wastewater, storm sewer), and burial of overhead utilities. B. Streetscape Improvements. The category includes lighting, sidewalk and infrastructure improvements; expanding and enhancing pedestrian and vehicle continuity in the corridor; and other streetscape improvements related to specific projects. C. Land Acquisition. The City may consider acquiring property, using eminent domain as necessary and to the extent permitted by law, to implement the TIF Plan. Potential land acquisitions may include but are not limited to properties needed for pedestrian safety and accessibility, and transportation infrastructure. By undertaking the public infrastructure improvements, it is anticipated that property will be developed and redeveloped, providing more potential users of the DART rail system and stations within the TOD TIF District. Environmental Remediation & Demolition Environmental Remediation, Interior/Exterior Demolition. The TOD area has several buildings that have been financially unfeasible to redevelop because of the cost of environmental remediation of asbestos, lead-based paint and other contaminants, as well as interior and exterior demolition costs. Interior and exterior demolition expenses are tied directly to the remediation expenses. These costs are TIF eligible expenditures. Remediation of environmentally hazardous materials and associated improvements, using TIF funds, greatly improves the marketability of these buildings or can enable redevelopment of a structurally obsolete building. This budget category is necessary for furthering the TOD redevelopment effort. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 28 TOD TIF District By undertaking this environmental remediation and demolition, it is anticipated that conditions discouraging use of the DART rail system will be alleviated or eliminated. Parks, Open Space, Trails, and Gateways Park. plaza, trail and pedestrian bridge design and acquisition. Public open space is an important amenity in the TOD area. Funding would be provided for design, improvements, and land acquisition as necessary for implementation. It is anticipated these improvements will enhance pedestrian traffic and thereby encourage the use of DART transit facilities. Façade Restoration Façade restoration. The district contain some historic structures that may be renovated for adaptive reuse and attracting visitors to the district. Buildings will require façade restoration work. By undertaking façade restoration, it is anticipated conditions discouraging the use of the DART rail system will be alleviated or eliminated. Transit Related Improvements (related to specific stations) General enhancements to transit stations. In efforts to increase ridership at the District’s rail stations and enhance the overall DART transit system within the TOD TIF, improvements to the district’s rail stations are necessary. These improvements may take the form of, but is not limited to, parking structures for public use, upgraded infrastructure, and station enhancements such as public art and pedestrian connectivity. Specific improvements needs for each sub-district and rail station are highlighted below; however, any eligible TIF improvement may be considered for these areas as necessary to implement the TOD goals. Veteran’s Hospital (VA) Station – Creating a higher density of residential development around the station area is essential for long term ridership gains and improved transit operations. Economic loans or grants will be made to encourage more urban, pedestrian-friendly development on the east side rail station. In addition, the VA station currently lacks adequate shelter and protection from the elements for patients of the hospital with varying ailments and disabilities. Current seating capacity of the station cannot accommodate future increases in ridership that will result from redevelopment of the area. In conjunction with increased residential development in the station area, improvements to this station may include, but are not limited to, enhanced pedestrian connectivity from the hospital to the transit station as well as streetscape improvements for Lancaster Road and any necessary upgrades to infrastructure in the area. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 29 TOD TIF District Kiest Station – Creating a higher density of residential development around the station area is essential for long term ridership gains and improved transit operations. Economic loans or grants will be made to encourage more urban, pedestrian-friendly development adjacent to the rail station. In order to address issues of pedestrian connectivity to the station, Lancaster Road’s lack of streetscape amenities, and covered waiting areas, improvements to the Kiest rail station may include, but are not limited to, pedestrian connectivity improvements to the Lancaster-Kiest Shopping Center, streetscape for Lancaster Road, public art, and increased covered waiting areas for riders. Economic development loans or grants are needed to encourage more urban, higher density developments, especially those projects adding residential density to the area. Crest Shopping Center – Creating a sense of destination through redevelopment of the Crest shopping center is essential for long term ridership gains and improved transit operations in the Lancaster Corridor. Economic loans or grants will be made to encourage more urban, pedestrian-friendly development in this sub-district.. Currently, the Crest Shopping Center does not have a designated stop due to its location between two rail stations. Increased pedestrian connectivity from a redeveloped, higher density, mixed use center to the Illinois or Kiest station is vital. If redevelopment and ridership warrants it, a loan or grant may be provided to create a platform adjacent to the shopping center. Other improvements may include, but are not limited to, covered seating areas for waiting passengers visiting the center should the intersection adjacent to the shopping center become a stop on the rail line, way finding signage to the Illinois and Kiest stations, an upgrade of existing infrastructure (roadway, streetscape, water and sewer lines) and public art. Economic development loans or grants will be needed to offset higher density developments. The loan or grant will help defray the costs of higher density development especially those projects adding residential density to the area, creating more sustainable communities near DART rail stations. Illinois Station – Redevelopment of the underutilized properties surrounding the Illinois Station into high density urban areas is essential for long term ridership gains and improved transit operations. Economic loans or grants will be made to encourage more urban, pedestrian-friendly development on the east side rail station. necessitate improvements to the current station. Improvements may include, but are not limited to, pedestrian connectivity improvements to link redeveloped properties adjacent to the station and the Cedar Crest Golf Course, way finding signage, and upgrade of infrastructure (roadway, streetscape, water and sewer lines) and public art. Economic development loans or grants may be made to encourage more urban, higher density developments. The ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 30 TOD TIF District loan or grant will help defray the costs of items such as the construction of public parking structures as needed. 8th and Corinth – Creating a higher density of residential development around the station area is essential for long term ridership gains and improved transit operations. Economic loans or grants will be made to encourage more urban, pedestrian-friendly development on the east side rail station. Anticipated redevelopment of the incompatible uses within this sub-district will warrant upgrades to existing infrastructure (roadway, streetscape, water and sewer lines). As a result of high density development and projected increased DART ridership, other improvements may include, but are not limited to, pedestrian connectivity improvements to areas adjacent to the station, the possible construction of structured public parking for the station, way finding signage and public art. Economic development loans or grants will be made to encourage more urban, higher density developments. These loans or grants will help defray the costs of higher density development, especially those projects adding residential density to the area, and increasing ridership; therefore, creating more sustainable communities near DART rail stations. Cedars (West) Station – As the Trinity River Corridor Project begins to develop, the increased density prescribed for this area will make necessary an extension of rail or alternative transit connection service, including all of the necessary infrastructure needed for the extension. A trolley line may be necessary to provide better connection to the Cedars, Convention Center, and Trinity River Corridor to this sub-district of the District. Other improvements may include, but are not limited to, pedestrian connectivity to the rail line and subsequent new station as well as streetscape and way finding signage. Significant infrastructure upgrades are anticipated given the industrial and underdeveloped nature of the area. Economic development loans or grants may be made to encourage more urban, higher density developments. These loans or grants will help defray the costs of higher density development, especially those projects adding residential density to the area, and increasing ridership, therefore creating more sustainable communities near DART rail stations. Mockingbird Station/Lovers Lane Station – Creating a higher density of residential development around the station area is essential for long term ridership gains and improved transit operations. Economic loans or grants will be made to encourage more urban, pedestrian-friendly development in this sub-district. Grants or loans are likely to address the issue of structured public parking given the increased ridership anticipated as a result of proposed high density development around these stations. Other improvements may include, but are not limited to, pedestrian connectivity ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 31 TOD TIF District to the stations, an upgrade of existing infrastructure (roadway, streetscape, water and sewer lines) and way finding signage for those riding the rail. TIF support in this area will encourage more urban, higher density developments. Grants for High Density Projects Grants. The City may make economic development loans or grants to further implement this Plan and to encourage additional density in the district. This additional density will require costly parking structures. Projects receiving such loans or grants must be consistent with the goals and objectives of the TOD TIF District Project Plan and Reinvestment Zone Financing Plan and would be subject to specific project agreements and City Council approval. Grants will be linked to projects that encourage the construction of structures or facilities that will be useful or beneficial to the development of the DART transit system. Affordable Housing This category includes TIF eligible expenditures for the provision of affordable for sale and rental housing within and adjacent to the boundaries of the District. Developers may use funding from this category to fulfill some of the City and County affordable housing requirements. Details for this process will be outlined in future Affordable Housing Guidelines. Twenty percent of all housing units must be affordable to households earning 80% or less of the Area Median Income. A developer may, subject to City and County approval, propose an alternative means of fulfilling the City’s and County’s affordable housing requirement. County participation requires that the developer must provide at least a portion of units from its own resources. Administration and Implementation Administration and Implementation. Administrative costs, including reasonable charges for the time spent by employees of the municipality and/or employees associated with any non-profit groups established to assist with implementation within the TIF District will be eligible for reimbursement as project costs, upon approval by the TIF Board of Directors and in connection with the implementation of the TOD TIF Project Plan and Reinvestment Zone Financing Plan. Other related administrative expenses including legal fees and consulting fees of the City, management expenses, meeting expenditures and equipment are included in this category. State law has been amended to permit the TOD TIF District to consider making direct grants to accomplish any of these purposes. The TOD TIF District Board of Directors may provide for a program to make economic development loans or grants from TIF ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 32 TOD TIF District funds in an aggregate amount not to exceed the amount of tax increment produced by the municipality and paid into the tax increment fund for the District as necessary or convenient to implement this Plan. Projects receiving such loans or grants must be consistent with the goals and objectives of the TOD TIF District Project Plan and Reinvestment Zone Financing Plan and would be subject to specific project agreements and City Council approval of the loan or grant program and the project agreements. Planned Private Development Planned private development in the district within the next 25 years includes: • 8.5 million square feet of residential development including town home, multi- family, and single-family projects • 1 million square feet of additional retail development • 1,200,000 square feet of additional office and research facility development Several projects are expected to commence during the first three years of the TOD TIF District. These include transit-oriented, mixed-use developments that capitalize on their proximity to a DART rail station. These developments will provide increased density, retail and office uses, while contributing the enhancement of the rail line. Most importantly, new development and redevelopment in the TIF’s sub-districts will facilitate an increase in ridership at their respective stations by providing a residential and office base that does not currently exist in these areas. Additionally, the TIF District will be able to fund, through increased private development, projects that will support rail operations. These projects may take the form of structured parking lots for DART stations, accommodating the projected increase in usage, as well as upgrades to the areas’ infrastructure. See Exhibit C for concepts of future development assumptions. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 33 TOD TIF District Exhibit C-1: Conceptual Renderings of Anticipated Development Projects in the TOD TIF District Mockingbird Station ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 34 TOD TIF District Exhibit C-2: Conceptual Renderings of Anticipated Development Projects in the TOD TIF District Cedars West ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 35 TOD TIF District Section 3: Financing Plan Tax increment financing (“TIF”) is a tool local governments of Texas have used since 1986 to finance public improvements within defined areas that have unique challenges and opportunities for economic development. Public improvements strengthen existing communities and attract investment. The Tax Increment Financing Act is found in Chapter 311 of the Texas Tax Code (the “Act”). The governing body of a municipality may designate an area as a reinvestment zone if the City Council finds that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future. Additionally, 2007 amendments to the Act made provisions for the designation of an area as a reinvestment zone when the use of the land within the zone is in connection with and beneficial to the operation of mass transit rail system. The additional tax dollars generated by growth of real property value flow to a “tax increment financing fund” (“TIF fund”) for a specified term of years. Money flowing to the TIF fund each year is then disbursed according to the Project Plan approved by the TIF board and the City Council, as prescribed by the Act and the ordinance designating the reinvestment zone. The TIF fund may be used to make grants in furtherance of the development for the District and for public improvements within the reinvestment zone. TIF funds may also be used for public improvements at places of public assembly, such as a park, or for affordable housing, including affordable housing located outside the boundaries of the District. The illustration below shows how taxes from real properties in a TIF zone flow to a taxing jurisdiction and to a TIF fund. This assumes real property values in the TIF zone rise soon after the zone’s designation. Real Property Tax Flow with Tax Increment Financing $25,000,000 $20,000,000 Tax Increment to TIF Fund $15,000,000 Total Retained by Jurisdictions $10,000,000 Base Taxes Retained by Jurisdictions $5,000,000 $0 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 2033 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 36 TOD TIF District Inclusion of property in a TIF district does not change tax rates for the property. Tax rates in a TIF zone are the same as tax rates outside the zone and within the same set of taxing jurisdictions. Once the public improvements are completed and paid for, the TIF is dissolved and the full amount of the taxes collected in the area are kept by the taxing jurisdictions. In effect, the taxing jurisdictions are “investing” future earnings to receive the benefit of higher tax revenues from new development. Also, taxing jurisdictions are not restricted from raising their tax rates during the life of the zone. Financing Plan The Reinvestment Zone Financing Plan provides for incremental financing and predicts revenues for the TOD TIF District. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 37 TOD TIF District Exhibit D: TOD TIF District Project Plan Improvements Estimated Estimated Category TIF Expenditure TIF Expenditure (2008 dollars) (actual) Public Infrastructure Improvements $80,000,000 $145,034,691 paving, streetscape, water/wastewater, storm sewer, utility burial/relocation, and land acquisition Environmental Remediation & Demolition $18,200,000 $32,995,392 Parks, open space, trails, and gateways $10,920,000 $19,797,235 Façade restoration $3,640,000 $6,599,078 Grants for high density projects $35,600,000 $64,540,438 Transit Related Improvements $10,000,000 $18,129,336 Affordable Housing $20,000,000 $36,258,673 Administration and implementation $3,640,000 $6,599,078 Total Project Costs $182,000,000 $329,953,923 * All values discounted to 2008 dollars at 4% annually. Actual expenditure value will depend on timing of project cost. ** All values in column (c) are estimated expenditures based on Annual TIF Project Costs and Debt Service schedules. These values depend on timing of projects and will fluctuate. An interest rate of 4% is used throughout the TIF term. *** Non-project costs are not expected to be incurred within the proposed TOD TIF District. The project principal costs in Exhibit D are expressed as if paid in 2008. Cash for most of these expenditures will not be drawn until subsequent years. Should additional costs beyond the TIF Project Plan be identified at a future date, the City will work to secure funding sources for these costs including General Obligation Bonds, grants, and funding from other public entities. Financing Method. Based on legislative changes in 2005, the City may now allow for private, competitive bidding of TIF public improvements. Under this scenario, a developer will typically fund and build public improvements and then request a TIF payment for those costs. TIF payments are made based on available increment and other conditions set forth in project development agreements. Previously, public improvements were publicly bid with private groups advancing funds for these improvements and earning applicable interest until the advance was repaid by the future cash flows to TIF District fund, if and when funds were available. Interest is no longer applicable with private bidding. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 38 TOD TIF District The City may negotiate with financial institutions to secure bonds or other obligations, or lines of credit, to aid in the funding of projects within the TIF District, using any financial instrument, subject to applicable state law and City Council approval of the note or credit line or issue bonds or other obligations for eligible TIF expenditures. The City may establish and provide for the administration of one or more programs for the public purposes of developing and diversifying the economy of the District, eliminating unemployment and underemployment in the District, and developing or expanding transportation, business, and commercial activity in the District, including programs to make grants and loans from the tax increment fund of the District in an aggregate amount not to exceed the amount of the tax increment produced by the municipality and paid into the tax increment fund for the District. Financing Policy and Long Term Financing. The goal of the TOD TIF District is to leverage increment accrued to maximize development in the District. The City will work to secure funding sources for project costs including General Obligation Bonds, grants, and funding from other public entities. Expected Revenues. Exhibit E shows development value projected in the TOD TIF District through 2026. This schedule represents the best estimate of anticipated development in the area. Actual timing, floor area, uses, and other attributes of the identified developments may differ from the schedule. Unit values supporting appraisal estimates in Exhibit E are based on observations of values assigned to comparable developments by the Dallas Central Appraisal District (DCAD). Actual construction costs or trading prices may differ. Because tax increments are measured by DCAD values, these values are the relevant measures of value for a TIF financing plan. The sites anticipated for redevelopment with the TOD TIF District may constitute most of the redevelopment in the District through 2038, although some unnamed sites will inevitably substitute for the listed sites. Further redevelopment after 2026 is likely, but is not forecasted in this analysis for two reasons: (1) Tax increments are estimated to flow to the TIF zone for only 25 years; (2) Forecasts further into the future are only marginally reliable. Based on the development value assumptions, Exhibit E also estimates annual City and County real property taxes from the TIF District and annual percentages and amounts of the real property tax growth increment reinvested each year in the TOD TIF District fund. Cumulative increased property value is expected to reach approximately $3,621,749,381 during the 30-year term of the TIF District. Because the TIF fund receives revenue only from the taxable value which exceeds the base year, “captured” taxable value accruing to the TOD TIF District is approximately $3,301,401,558. This includes approximately $2,253,000,000 million in increased taxable value attributable to new private investment and $1,048,401,558 million in increased taxable value due to property appreciation. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 39 TOD TIF District Projections assume a variable reinvestment rate for the City for up to 30 years. Dallas County is anticipated to agree to contribute tax increment generated from county taxes assessed and collected within the TOD TIF District as follows: 55% for Dallas County with a maximum term of 20 years or until the Project Cost Budget of $329,953,923 ($182,000,000 in 2008 dollars) is reached. The City and County are not expected to participate during the first year of the TIF District term. The final terms of participating taxing jurisdictions’ contributions of tax increment shall be set forth in interlocal participation agreements between the City and the County. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 40 TOD TIF District Exhibit E: Annual Real Property Appraisals and City/County Tax to the TOD TIF Fund PROJECTED TIF INCREMENT SCHEDULE Tax Year Property Value Property Value Property Cumulative Anticipated Part'n TIF Part'n TIF Total TOTAL TIF Estimate Estimate Value Total Prop Val Captured Rate Contribution Rate Contribution TIF 2008 NPV @ (1.5% Appreciation) (New Development) Growth Value City City County Dallas County Contribution 4.00% Base 2008 $320,347,823 $320,347,823 1 2009 $325,153,040 $63,000,000 $388,153,040 21.2% $67,805,217 70% $354,981 55% $85,065 $440,046 $423,121 2 2010 $393,975,336 $40,000,000 $433,975,336 35.5% $113,627,513 70% $594,874 55% $142,551 $737,426 $1,104,913 3 2011 $440,484,966 $197,000,000 $637,484,966 99.0% $317,137,143 70% $1,660,308 55% $397,864 $2,058,173 $2,934,622 4 2012 $647,047,240 $263,000,000 $910,047,240 184.1% $589,699,417 85% $3,748,808 55% $739,807 $4,488,616 $6,771,509 5 2013 $923,697,949 $98,000,000 $1,021,697,949 218.9% $701,350,126 85% $4,458,588 55% $879,879 $5,338,467 $11,159,340 6 2014 $1,037,023,418 $416,000,000 $1,453,023,418 353.6% $1,132,675,595 85% $7,200,589 55% $1,420,998 $8,621,587 $17,973,106 7 2015 $1,474,818,770 $230,000,000 $1,704,818,770 432.2% $1,384,470,947 85% $8,801,289 55% $1,736,888 $10,538,178 $25,981,255 8 2016 $1,730,391,051 $61,000,000 $1,791,391,051 459.2% $1,471,043,228 85% $9,351,642 55% $1,845,497 $11,197,140 $34,162,896 9 2017 $1,818,261,917 $35,000,000 $1,853,261,917 478.5% $1,532,914,094 85% $9,744,965 55% $1,923,117 $11,668,083 $42,360,736 10 2018 $1,881,060,846 $208,000,000 $2,089,060,846 552.1% $1,768,713,023 85% $11,243,974 55% $2,218,939 $13,462,913 $51,455,798 11 2019 $2,120,396,758 $120,000,000 $2,240,396,758 599.4% $1,920,048,935 85% $12,206,039 55% $2,408,797 $14,614,837 $60,949,317 12 2020 $2,274,002,710 $75,000,000 $2,349,002,710 633.3% $2,028,654,887 85% $12,896,463 55% $2,545,049 $15,441,513 $70,594,041 13 2021 $2,384,237,750 $46,000,000 $2,430,237,750 658.6% $2,109,889,927 85% $13,412,887 55% $2,646,962 $16,059,850 $80,239,170 14 2022 $2,466,691,317 $55,000,000 $2,521,691,317 687.2% $2,201,343,494 85% $13,994,271 55% $2,761,695 $16,755,967 $89,915,324 15 2023 $2,559,516,686 $75,000,000 $2,634,516,686 722.4% $2,314,168,863 85% $14,711,519 55% $2,903,241 $17,614,760 $99,696,174 16 2024 $2,674,034,437 $60,000,000 $2,734,034,437 753.5% $2,413,686,614 85% $15,344,168 55% $3,028,091 $18,372,259 $109,505,274 17 2025 $2,775,044,953 $101,000,000 $2,876,044,953 797.8% $2,555,697,130 85% $16,246,950 55% $3,206,250 $19,453,200 $119,492,026 18 2026 $2,919,185,628 $110,000,000 $3,029,185,628 845.6% $2,708,837,805 85% $17,220,488 55% $3,398,372 $20,618,861 $129,670,076 19 2027 $3,074,623,412 $0 $3,074,623,412 859.8% $2,754,275,589 85% $17,509,343 55% $3,455,376 $20,964,720 $139,620,822 20 2028 $3,120,742,763 $0 $3,120,742,763 874.2% $2,800,394,940 85% $17,802,531 55% $3,513,235 $21,315,767 $149,349,059 21 2029 $3,167,553,905 $0 $3,167,553,905 888.8% $2,847,206,082 85% $18,100,116 0% $0 $18,100,116 $157,291,998 22 2030 $3,215,067,213 $0 $3,215,067,213 903.6% $2,894,719,390 70% $15,154,724 0% $0 $15,154,724 $163,686,616 23 2031 $3,263,293,221 $0 $3,263,293,221 918.7% $2,942,945,398 70% $15,407,202 0% $0 $15,407,202 $169,937,724 24 2032 $3,312,242,620 $0 $3,312,242,620 934.0% $2,991,894,797 70% $15,663,467 0% $0 $15,663,467 $176,048,378 25 2033 $3,361,926,259 $0 $3,361,926,259 949.5% $3,041,578,436 70% $15,866,050 0% $0 $15,866,050 $182,000,000 26 2034 $3,412,355,153 $0 $3,412,355,153 965.2% $3,092,007,330 70% $0 0% $0 $0 $0 27 2035 $3,463,540,480 $0 $3,463,540,480 981.2% $3,143,192,657 70% $0 0% $0 $0 $0 28 2036 $3,515,493,587 $0 $3,515,493,587 997.4% $3,195,145,764 70% $0 0% $0 $0 $0 29 2037 $3,568,225,991 $0 $3,568,225,991 1013.9% $3,247,878,168 70% $0 0% $0 $0 $0 30 2038 $3,621,749,381 $0 $3,621,749,381 1030.6% $3,301,401,558 70% $0 0% $0 $0 $0 Total (2009-2038) $2,253,000,000 $288,696,236 $41,257,676 $329,953,923 2008 NPV @ 4% $157,300,876 $24,699,117 $182,000,000 ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 41 TOD TIF District Financial Assumptions The key factors influencing the financial feasibility study and its conclusions are the financial assumptions that have been adopted. Inflation. The generally accepted inflation for construction costs and the value of improvements is 3 percent per annum. Based on current market rates, net present values of the tax increment were calculated at a discount rate of 4 percent per annum. Appreciation. Property appreciation is assumed to be 1.5 percent per annum on average. Tax Rate Changes. Although tax rates will likely increase during the thirty year development period, the financial plan conservatively assumes that the 2007 tax rate will remain constant for the life of the TOD TIF District, except to incorporate tax rate changes when known. Remittance to the TIF Fund. The proposed duration of the TOD TIF District is 30 years; it is scheduled to terminate December 31, 2038. TIF collections will terminate once the TIF budget of $182,000,000 (discounted net present value), estimated total dollars of $329,953,923 has been collected or December 31, 2038, whichever occurs first. Based on current development projections, the TIF budget is expected to be reached in 2033, after twenty-five years. Annual percentages of collected annual tax increments invested in the TIF fund by the City of Dallas follow this bell curve formula: TIF years 1 through 3 70% TIF years 4 through 21 85% TIF years 22 and thereafter 70% Dallas County will be asked to participate in the TIF program. Exhibit E includes County tax increments. It assumes that 55% of County tax increments from the zone will be invested in the TIF fund for the same years in which the City of Dallas invests increments. County participation will be pursuant to a participation agreement by the County Commissioners Court. It is not expected that any other taxing units with property within the District will participate and contribute tax increment to the TIF fund. Early termination. The City Council may terminate this TIF zone earlier than 2038 if all obligations of the TIF have been satisfied. The City Council may also terminate this zone within three years of the adoption of the Final Project Plan and Reinvestment Zone Financing Plan if the TIF fund has no financial obligations. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 42 TOD TIF District Financial Feasibility The private development plans, public improvement program, general financing strategy, and financial assumptions were all included in a preliminary assessment prepared by the City of Dallas, Office of Economic Development. The study is intended to be used as part of the economic feasibility study for the District in accordance with the provisions of Section 311.011, Texas Tax Code, and is available upon request. Cumulative private development is expected to increase property value to $3,621,749,381 during the term of the TIF District. Since the TIF receives revenue only from the taxable value which exceeds the base year, “captured” taxable value accruing to the TOD TIF District will be approximately $3,301,401,558. If revenues are received at the predicted rate, increment collections will be reached and final project improvements completed by Year 25 of the TIF term. On a strict “pay-as-you-go” basis, the progress of the public improvements portion of the development program is a direct result of the revenues received and matched by the City’s contributions. Therefore, if revenues exceed these projections, then the public improvements can be completed ahead of schedule. If revenues do not meet expectations, then the pace of public improvements will be slowed or discontinued altogether based upon the advice of the Board of Directors and the approval of the City Council. Based upon a set of TIF District assumptions and analysis, the preliminary project plan and reinvestment zone financing plan is feasible. Financial Policies General financial policies are governed by the City of Dallas Public/Private Partnership Program that was first approved by the City Council on March 13, 1996. This program provides a framework for development incentives in a variety of areas. Within this framework the TOD Board of Directors has adopted specific policies for the TOD TIF District: • Public improvements will be phased at a pace that coincides with private development. • Private developers desiring City participation in sharing the costs of infrastructure improvements needed for their projects must obtain approval for and sign a Development Agreement with the City. • Reimbursement priorities and the method of apportioning available increment will be set forth in the Development Agreement. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 43 TOD TIF District • Each Development Agreement is mutually exclusive - that is, the nature and extent of support from public funds may change over time as the District becomes more developed. • The City may negotiate with financial institutions to secure notes or lines of credit to aid in the funding of projects within the TIF District, subject to City Council approval and applicable state law, or may issue certificates of obligation or TIF bonds for projects as described earlier in the Project Plan. Should obligations be issued, tax increment revenues may be pledged toward the payment of debt service of these obligations. The amount of bonded indebtedness is not anticipated to exceed 25 percent of the TIF Plan Budget. • If a developer requests funding for infrastructure improvements at a time when sufficient funds are not available in the TIF fund, then improvements may be: ~ deferred until funds are available ~ constructed at the sole expense of the developer ~ constructed at developer expense, with the City reimbursing the developer as funds become available • Should project costs be paid that directly benefit the developer of a project, such as grants made to a developer as permitted by the Act, the City will enact and implement controls sufficient to ensure that any grant funds provided will be used to fulfill the public purposes of developing and diversifying the economy of the TOD TIF District, eliminating unemployment or underemployment in the District, and developing or expanding transportation, business and commercial activity in the District. The TOD TIF Board may from time-to-time recommend amendments to these financial policies which will affect the operations of the TIF District. The City reserves the right to amend this plan to provide for the establishment of a "sales tax increment" collection process, as permitted by the Act. Conclusions The TOD TIF District Project Plan and Reinvestment Zone Financing Plan have been determined to be feasible based on a set of assumptions and analysis performed by the staff of the Office of Economic Development of the City of Dallas. The success of the District development will allow the City of Dallas to create a series of unique destinations, as well as leverage the investment in the DART light rail system in the central portion of the City. In addition, through adopted design standards, modifications to the zoning code for the area and incentives for more desirable development, the City of Dallas hopes that this District will serve as a model for TOD in similar transit corridors. ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 44 TOD TIF District Appendix A: 2008 DCAD Real Property Accounts in the TOD TIF District (This chart will be provided prior to filing the preliminary plan with the City Secretary.) ______Preliminary Project Plan & Reinvestment Zone Financing Plan Page 45 TOD TIF District ADDENDUM ITEM # 5 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities AGENDA DATE: October 8, 2008 COUNCIL DISTRICT(S): 14 DEPARTMENT: Park & Recreation CMO: Paul D. Dyer, 670-4071 MAPSCO: 46F K ______ SUBJECT Authorize Supplemental Agreement No. 2 to the development agreement with the Woodall Rodgers Park Foundation for the Woodall Rodgers Deck Plaza to amend the Agreement to update Sections 2.2 and 2.3, entitled Woodall Rodgers Park Foundation “WRPF Project Contribution” and “Estimated Funding Allocation,” respectively, to: (i) reflect reductions in budgeted construction costs of approximately $11,300,000; (ii) reallocate Phase 2 work to Phase 3; (iii) acknowledge an additional $10,000,000 in funding secured from Texas Department of Transportation (TxDOT) by the Woodall Rodgers Park Foundation, resulting in a total Statewide Transportation Enhancement Program (STEP) grant allocation of $20,000,000; (iv) reflect design and pre-construction cost contributions and/or contractual obligations made by the Foundation in excess of $8,000,000; and (v) reflect the obligation of the Foundation to fund all costs in excess of the City's and TxDOT's project contributions for Phases I-4 and to apply the full balance of the Foundation's $20,000,000 minimum in private funding obligation to Phase 5 - Financing: No cost consideration to the City BACKGROUND On May 23, 2007, by Resolution No. 07-1536, the City of Dallas and the Woodall Rodgers Park Foundation (the Foundation) entered into Development and Use Agreements relating to the development, operation and maintenance of Woodall Rodgers Deck Plaza. This Plaza will be a pedestrian-friendly, 5.2 acre park and plaza spanning Woodall Rodgers Freeway between St. Paul Street and Pearl Street. It will connect the Central Business District, the Arts District and Uptown’s business and residential areas and provide a vibrant destination for cultural, civic and social opportunities for Dallas citizens and visitors. The Woodall Rodgers Deck Plaza will add a significant new landmark in downtown Dallas, comparable to deck parks in other cities such as Chicago, Phoenix and San Diego. BACKGROUND (Continued) When the Development Agreement was entered into in May, 2007 the schematic design budget for the construction of the Woodall Rodgers Deck Plaza was estimated at approximately $67.7 million. The agreement reached with the City provided for a three-way partnership wherein the City, state and federal governments, and the private sector would each be responsible for one-third of the costs, with the City and the state and federal participation being capped at $20 million each. The City has met its $20 million commitment through bond funding secured for Woodall Rodgers Deck Plaza and related site improvements in the 2006 Bond Program. The Foundation obtained $10 million in STEP funding during the 2006-07 session of the State Legislature and an additional $10 million in STEP funding during the 2007-08 session. With the public sector commitments capped at $20 million each, the Foundation is responsible for raising approximately $16 million for the design and construction of the base park and approximately $20-24 million in additional funds for the design and construction of amenities and enhancements to the base park. Since May, 2007, engineering design innovations and refinements have resulted in reduced estimated construction costs. The cost of designing and constructing the Woodall Rodgers Deck Plaza is now estimated to be $56 million, reflecting a budget reduction of $11.3 million. The engineering design innovations and refinements that have resulted in these cost savings do not affect the base park design and features, which remain the same as those contemplated in the Development Agreement. Significant cost savings have, instead, been achieved through reductions in the number of required structural concrete beams spanning the freeway; reductions in the amount of light-weight soil fill needed in the park; and reductions in the size and quantity of required exhaust fans in the freeway tunnel under the park. The Development Agreement contemplated that construction of the park would occur in five phases, and required that, prior to application of City bond funds toward particular phases, the Foundation would make certain deposits with the City. In order to reflect the reduction in estimated construction costs, the additional TxDOT STEP grant funding and the amounts that have been contributed by the Foundation since May, 2007 to fund design costs, it is necessary to amend the estimated funding allocations for the project construction phases. Agenda Date 10/08/2008 - page 2 BACKGROUND (Continued) Supplemental Agreement No. 1, approved by Administrative Action No. 08-2655, on September 18, 2008 allowed for modifications to the existing Woodall Rodgers Deck Plaza Development Agreement. This modification includes deleting the entire fifth sentence of Section 2.2 and substituting the following sentence: "Prior to the awarding of Phase I contract by the City, the Woodall Rodgers Park Foundation shall raise and deposit with the City 40% of the estimated cost ($751,745) to cover its portion of the construction cost for Phase I, which is approximately $300,590." Approval of the proposed Supplemental Agreement No. 2 to the Development Agreement will enable the Foundation and City staff to expeditiously proceed with development and construction of the Woodall Rodgers Deck Plaza. Phase 1 storm drainage utility work on the Woodall Rodgers Deck Plaza has been bid by the City’s Public Works and Transportation Department and, contingent on City Council approval on October 22, 2008, construction will commence in November. Construction of the Phase 3 deck and tunnel structure is projected to commence in Spring 2009, and the park is expected to open in Spring 2011. The Foundation will be responsible for all the design and construction costs of Phases 1-4 in excess of the City’s and TxDOT’s contributions of $20 million each. The Foundation’s $12.6 million in cash and interim construction financing, in addition to the City’s and TxDOT’s contributions, is expected to fully fund construction of the Phase 2 and Phase 3 deck and tunnel structure. Additionally the Foundation will provide an irrevocable Letter of Credit for the construction of the Phase 4 base park, currently estimated to be $3.2 million, at the time of the bid letting of Phases 2 and 3 by TxDOT. The Foundation is continuing to raise money toward the construction of amenities and enhancements to the base park and plaza, currently estimated to cost an additional $20-24 million. These additional amenities will include a restaurant, pavilion, children’s garden, off-leash dog run, water features and other enhancements. The Foundation is not obligated under the terms of the Development Agreement to fund these amenities and enhancements, but has undertaken to do so since the base park is now fully funded through private donations and interim construction financing. The Foundation has further secured $5 million in current pledges towards construction of the Phase 5 park amenities. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed the Park and Recreation Board on the Woodall Rodgers Deck Plaza Deal Points on January 25, 2007. Briefed the Qualify of Life Committee on the Woodall Rodgers Deck Plaza Deal Points on February 12, 2007. Agenda Date 10/08/2008 - page 3 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) Briefed the City Council on the Woodall Rodgers Deck Plaza Deal Points on February 21, 2007. Briefed the Park and Recreation Board on the Woodall Rodgers Deck Plaza Updated Deal Points on March 22, 2007. The Park and Recreation Board on March 22, 2007, authorized the Development Agreement and Use Agreement with the Woodall Rodgers Park Foundation. Authorized the Woodall Rodgers Deck Plaza Development Agreement on May 23, 2007, by Resolution No. 07-1536. FISCAL INFORMATION No cost consideration to the City. MAP Attached Agenda Date 10/08/2008 - page 4 Woodall Rodgers Deck Plaza Council District 14 Woodall Rodgers Freeway, St. Paul St. to Pearl St. Mapsco #46F,K COUNCIL CHAMBER October 8, 2008 WHEREAS, On May 23, 2007, by Resolution No. 07-1536, the City and Woodall Rodgers Park Foundation (WRPF) entered into the Woodall Rodgers Deck Plaza Development Agreement (the “Agreement”), pursuant to which the City and WRPF undertook to design, develop and construct the Woodall Rodgers Deck Plaza; and WHEREAS, On September 18, 2008, by Administrative Action No. 08-2655, the parties entered into Supplemental Agreement No. 1; and WHEREAS, the parties now desire to amend the Agreement to authorize Supplemental Agreement No. 2 to the Agreement, to amend Sections 2.2 and 2.3 of the Agreement, entitled "WRPF Project Contribution" and "Estimated Funding Allocation," respectively, to: (i) reflect reductions in budgeted construction costs of approximately $11.3 million; (ii) reallocate Phase 2 work to Phase 3; (iii) acknowledge an additional $10 million in funding secured from TXDOT by the WRPF, resulting in a total STEP grant allocation of $20 million; (iv) reflect design and pre-construction cost contributions and/or contractual obligations made by WRPF in excess of $8 million; and (v) reflect the obligation of the Foundation to fund all costs in excess of the City’s and TxDOT’s project contributions for Phases 1-4 and to apply the full balance of the Foundation’s $20 million minimum in private funding obligation to Phase 5; and Now, Therefore, BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF DALLAS: SECTION 1. That following approval as to form by the City Attorney, the City Manager and President of the Park and Recreation Board is hereby authorized to execute Supplemental Agreement No. 2 to the Development Agreement, to amend Sections 2.2 and 2.3 of the Agreement, entitled "WRPF Project Contribution" and "Estimated Funding Allocation," respectively, to: (i) reflect reductions in budgeted construction costs of approximately $11.3 million; (ii) reallocate Phase 2 work to Phase 3; (iii) acknowledge an additional $10 million in funding secured from TXDOT by the WRPF, resulting in a total STEP grant allocation of $20 million; (iv) reflect design and pre-construction cost contributions and/or contractual obligations made by WRPF in excess of $8 million; and (v) reflect the obligation of the Foundation to fund all costs in excess of the City’s and TxDOT’s project contributions for Phases 1-4 and to apply the full balance of the Foundation’s $20 million minimum in private funding obligation to Phase 5. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. ADDENDUM ITEM # 6 KEY FOCUS AREA: Public Safety Improvements and Crime Reduction AGENDA DATE: October 8, 2008 COUNCIL DISTRICT(S): All DEPARTMENT: Public Works & Transportation CMO: Ramon F. Miguez, P.E., 670-3308 MAPSCO: N/A ______ SUBJECT Authorize a professional services contract with Public Sector Design Studio for the development of building standards for future fire station projects, including building components, establishing adjacencies of rooms, programming, schematic design, preliminary design floor plan concepts and performance and technical specifications - Not to exceed $75,450 - Financing: 2006 Bond Funds BACKGROUND This action will authorize a professional services contract with Public Sector Design Studio to develop and provide a Building Standards package for future fire station projects, which includes review of current Fire Department standards program, evaluation of space requirements and adjacencies, develop guidelines for construction and building system components, guidelines for LEED certification and provide technical specifications and performance standards for building systems and materials. The building standards will address the functional layout and space adjacencies of the interior of the building. The exterior of each fire station will be uniquely designed to complement the character of the neighborhood it will serve. This effort will result in developing a complete set of fire station design standards package for future fire stations. The consulting firm was selected following a qualifications-based selection process in accordance with the City of Dallas procurement guidelines. ESTIMATED SCHEDULE OF PROJECT Begin Design October 2008 Complete Design January 2009 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - $75,450 Building Standards Design $ 75,450 Survey $ 3,000 Contingency $321,550 Total Project Cost $400,000 M/WBE INFORMATION See attached. ETHNIC COMPOSITION Public Sector Design Studio African-American Female 2 African-American Male 4 Hispanic Female 2 Hispanic Male 5 White Female 19 White Male 43 Other Female 0 Other Male 5 OWNER(S) Public Sector Design Studio Soussan Afsharfar, AIA, President, Symbiotic Architecture, Inc. John L. Guest, C.F.O., BGO Architects, Inc. Gary D. Pitts, General Partner, Gary Pitts Studio Management Agenda Date 10/08/2008 - page 2 GOOD FAITH EFFORT PLAN SUMMARY PROJECT: Authorize a professional services contract with Public Sector Design Studio for the development of building standards for future fire station projects, including building components, establishing adjacencies of rooms, programming, schematic design, preliminary design floor plan concepts and performance and technical specifications - Not to exceed $75,450 - Financing: 2006 Bond Funds Public Sector Design Studio is a local, minority firm, has signed the "Good Faith Effort" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Architecture & Engineering ______ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $43,700.00 57.91% Total non-local contracts $31,760.00 42.09% ------TOTAL CONTRACTS $75,460.00 100.00% LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent Public Sector Design Studio WFDB37268Y0409 $34,200.00 78.26% ------Total Minority - Local $34,200.00 78.26% 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 $34,200.00 78.26% $34,200.00 45.32% ------Total $34,200.00 78.26% $34,200.00 45.32% COUNCIL CHAMBER October 8, 2008 WHEREAS, it is now desirable to authorize a professional services contract with Public Sector Design Studio for the development of building standards for future fire station projects, including building components, establishing adjacencies of rooms, programming, schematic design, preliminary design floor plan concepts and performance and technical specifications, in an amount not to exceed $75,450. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to enter into a contract with Public Sector Design Studio for the development of building standards for future fire station projects, including building components, establishing adjacencies of rooms, programming, schematic design, preliminary design floor plan concepts and performance and technical specifications, in an amount not to exceed $75,450. Section 2. That the City Manager is hereby authorized to execute the contract after it has been approved as to form by the City Attorney. Section 3. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Public Safety Facilities Fund Fund 7T33 Dept. PBW, Unit, T845 Act. FIRF Obj. 4112, Program #PB06T845, CT PBW06T845A1 Vendor #VS0000036250, in an amount not to exceed $75,450 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. Distribution: Public Works and Transportation, Jean Mitchell, OCMC, Room 101 Public Works and Transportation, Martha Welch, OCMC, Room 321 Fire Department City Attorney Office of Financial Services City Controller's Office, Sherrian Parham, 4BN ADDENDUM ITEM # 7 KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities AGENDA DATE: October 8, 2008 COUNCIL DISTRICT(S): 14 DEPARTMENT: Public Works & Transportation Office of Cultural Affairs CMO: Ramon F. Miguez, P.E., 670-3308 David O. Brown, 670-3390 MAPSCO: 45G ______ SUBJECT Authorize (1) the first amendment to the Performing Arts Center Development Agreement with the Dallas Center for the Performing Arts Foundation, Inc., an independent, nonprofit foundation, for the design, construction and development of the City Performance Hall underground parking garage; and (2) the first amendment to the Performing Arts Center Use Agreement with the Dallas Center for the Performing Arts Foundation, Inc. for the long-term possession, operation, maintenance and use of the City Performance Hall underground parking garage - Financing: No cost consideration to the City BACKGROUND The first action will authorize the Dallas Center for the Performing Arts Foundation, Inc. (DCPAF) to build a 256 space underground parking garage beneath the City's Performance Hall (CPH). The DCPAF contracted with the City's architect for the CPH and the garage design is fully integrated structurally and functionally with the Performance Hall to be built on top of the garage. The DCPAF has also contracted with the CPH's construction manager at risk (CMR) for the construction of the garage. The DCPAF will pay for and manage the full cost to construct the garage, and the garage and CPH construction activities can be performed by the CMR simultaneously. The agreement also retains the City's rights to construct future phases of the CPH project and the DCPAF agrees that the garage use might be restricted during future construction. The second action provides for the use and operations of the garage. In consideration for DCPAF building the garage, the usage priorities will be Booker T. Washington High School daytime and performance parking needs, DCPAF performance parking needs, City Performance Hall and the general public. DCPAF will be responsible for payment of the garage operations, maintenance, management and utilities. ESTIMATED SCHEDULE OF PROJECT Began Design March 2008 Complete Design October 2008 Begin Construction December 2008 Complete Construction September 2009 PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed to the Cultural Affairs Committee on January 17, 2002. Briefed to the Arts, Education & Libraries Committee on January 22, 2002. Briefed Council on Office of Cultural Affairs' proposed bond projects on April 15, 2002. Authorized a professional services contract with Corgan Associates, Inc. for the programming phase for the City Performance Hall, on June 9, 2004, by Resolution No. 04-1810. Authorized a Development and Use Agreement with Dallas Center for the Performing Arts Foundation, Inc. on September 28, 2005, by Resolution No. 05-2859. Briefed to the Quality of Life Committee on March 27, 2006. Authorized Supplemental Agreement No. 1 to the contract with Corgan Associates, Inc. for the schematic design phase services for the full multi-phase facility identified in the programming phase, on May 10, 2006, by Resolution No. 06-1372. Briefed to the Quality of Life Committee on architectural conceptual design on February 12, 2007. Authorized Supplemental Agreement No. 2 to the contract with Corgan Associates, Inc. on June 13, 2007, by Resolution No. 07-1832. Briefed Council on project status on August 1, 2007. Briefed to the Quality of Life Committee on January 14, 2008. Authorized a contract with McCarthy Building Companies, Inc. for construction manager at risk design phase services on January 23, 2008, by Resolution No. 08-0342. Briefed to the Quality of Life Committee on September 22, 2008. Agenda Date 10/08/2008 - page 2 FISCAL INFORMATION No cost consideration to the City. MAP Attached. Agenda Date 10/08/2008 - page 3 copyright © 2006 MAPSCO, Inc. Mapsco45G Scale 1 : 8 166 COUNCIL CHAMBER October 8, 2008 WHEREAS, in the 2003 Bond Program, the voters of Dallas approved Proposition No. 5, which approved funding for the design of the City Performance Hall; and, WHEREAS, on June 9, 2004, Resolution No. 04-1810 authorized a professional services contract with Corgan Associates, Inc. for architectural and engineering services, commencing with the pre-design programming phase of the contract for the design of the City Performance Hall; and, WHEREAS, on September 28, 2005, Resolution No. 05-2859 authorized a Performing Arts Center Development and Use Agreement between the City of Dallas and the Dallas Center for the Performing Arts Foundation, Inc. for the construction, development, and for the long-term possession of a first-class, multi-venue performing arts complex consisting of the Winspear Opera House, the Wyly Theater, the Grand Plaza, a 600-space garage, Annette Strauss Artist Square and supporting infrastructure; and, WHEREAS, on May 10, 2006, Resolution No. 06-1372 authorized Supplemental Agreement No. 1 to the contract with Corgan Associates, Inc. for schematic design master planning services for the Dallas Center for the Performing Arts, City Performance Hall; and, WHEREAS, in the 2006 Bond Program, the voters of Dallas approved Proposition No. 5, which approved funding to complete the design and construction of the first phase of the City Performance Hall; and, WHEREAS, on June 13, 2007, Resolution No. 07-1832 authorized Supplemental Agreement No. 2 to the contract with Corgan Associates, Inc. for design development, construction documents, bidding and construction administration services for the Dallas Center for the Performing Arts, City Performance Hall; and, WHEREAS, on January 23, 2008, Resolution No. 08-0342 authorized a contract with McCarthy Building Companies, Inc. for Construction Manager At Risk (CMR) Design Phase Services; and, WHEREAS, it is now desirable to authorize the First Amendment to the Performing Arts Center Development Agreement with Dallas Center for the Performing Arts Foundation, Inc. (DCPAF), an independent, nonprofit foundation, for the design, construction and development of the City Performance Hall underground parking garage; and, WHEREAS, it is now desirable to authorize the First Amendment to the Performing Arts Center Use Agreement with Dallas Center for the Performing Arts Foundation, Inc. for the long-term possession, operation, maintenance and use of the City Performance Hall underground parking garage. COUNCIL CHAMBER October 8, 2008 Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to execute, upon approval as to form by the City Attorney, the First Amendment to the Performing Arts Center Development Agreement with Dallas Center for the Performing Arts Foundation, Inc., an independent, nonprofit foundation, for the design, construction and development of the City Performance Hall underground parking garage. Section 2. That the City Manager is hereby authorized to execute, upon approval as to form by the City Attorney, the First Amendment to the Performing Arts Center Use Agreement with Dallas Center for the Performing Arts Foundation, Inc. for the long-term possession, operation, maintenance and use of the City Performance Hall underground parking garage. 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. Distribution: Public Works and Transportation, Jean Mitchell, OCMC, Room 101 Public Works and Transportation, Tom Wurtz, OCMC, Room 321 Office of Cultural Affairs City Attorney Office of Financial Services ADDENDUM ITEM # 8,9 KEY FOCUS AREA: Economic Vibrancy AGENDA DATE: October 8, 2008 COUNCIL DISTRICT(S): 14 DEPARTMENT: Public Works & Transportation CMO: Ramon F. Miguez, P.E., 670-3308 MAPSCO: 35X ______SUBJECT Cityville Carlisle Pedestrian Improvement Project * Authorize (1) an Interlocal Agreement with the North Central Texas Council of Governments for design and construction of the Cityville Carlisle pedestrian improvement project; (2) the receipt and deposit of funds from the North Central Texas Council of Governments in an amount not to exceed $450,000; and (3) an increase in appropriations in the amount of $450,000 in the Capital Projects Reimbursement Fund - Not to exceed $450,000 - Financing: No cost consideration to the City * Authorize payment to Cityville Carlisle LP, LLC for the North Central Texas Council of Government’s share of design and construction costs for the Cityville Carlisle pedestrian improvement project - Not to exceed $450,000 - Financing: Capital Projects Reimbursement Funds BACKGROUND On April 14, 2005, the Regional Transportation Council (RTC) allocated $40.61 million for their second Sustainable Development Program Call for Projects that was formally announced on October 14, 2005. The Cityville Carlisle pedestrian improvement project was selected for funding, and an agreement with the North Central Texas Council of Governments (NCTCOG) is required at this time. The Sustainable Development Program was intended to promote development types reducing the overall demand for transportation infrastructure and improving air quality. Three types of project submissions were allowed in the program: transportation infrastructure improvements, land banking and planning programs. The Cityville Carlisle pedestrian improvement project was one of nine selected and approved by the RTC on April 13, 2006. BACKGROUND (Continued) Council Resolution No. 06-1713 supported the Cityville Carlisle pedestrian improvements project. The development and project is located at the southwest corner of Lemmon Avenue and Carlisle Street. Cityville Carlisle is a $35 million development, consisting of 227 luxury apartments and approximately 8,000 square feet of retail/restaurant space, with easy access to Central Expressway, the Dallas North Tollway, and the Cityplace DART station. The RTC awarded $450,000 of the requested $1,432,697 for Katy Trail ramp/staircase, Katy Trail entry plaza, mews with parallel parking, and streetscape improvements. The revised scope of the NCTCOG funded sustainable development project is to construct sidewalks to link the development to the Katy Trail, West Village, and public transportation, as well as, provide landscaping and additional street lighting. The Sustainable Development Program requires a local match of 20 percent of the total project cost of $562,500. The local match is $112,500 for infrastructure improvements only and will be provided by the developer, Cityville Carlisle LP, LLC. The developer will be responsible for design and construction, and RTC funding will be available for reimbursement upon completion of the project. This action will authorize the interlocal agreement with NCTCOG and reimbursement of the NCTCOG funding to Cityville Carlisle LP, LLC. ESTIMATED SCHEDULE OF PROJECT Begin Construction October 2008 Complete Construction August 2010 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed to the Council Transportation and Telecommunications Committee on September 26, 2005. Project submission list was endorsed by the Council Transportation and Telecommunications Committee on January 9, 2006. Authorized support of the pedestrian infrastructure improvement project on June 28, 2006, by Resolution No. 06-1713. FISCAL INFORMATION No cost consideration to the City. MAP Attached. Agenda Date 10/08/2008 -page 2 [Cityville at Carlisle] [Mapsco 35XJ COUNCIL CHAMBER October 8, 2008 WHEREAS, the Regional Transportation Council developed a Sustainable Development Program to promote development types that reduce the overall demand for transportation infrastructure; and, WHEREAS, the Regional Transportation Council approved $40.61 million for a Sustainable Development Program Call for Projects on April 14, 2005 and the North Central Texas Council of Governments established Sustainable Development Program Call for Projects rules and submission deadline of January 20, 2006; and, WHEREAS, the Regional Transportation Council approved $450,000 in Regional Transportation Council Local Funds under the Sustainable Development Program for the Cityville Carlisle pedestrian improvement project on April 13, 2006; and, WHEREAS, the Sustainable Development Program requires a minimum local match of 20 percent of the total project cost of $562,500, or $112,500, to be provided by Cityville Carlisle LP, LLC; and, WHEREAS, Council Resolution No. 06-1713 supported the Cityville Carlisle pedestrian improvement project. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to execute the Interlocal Agreement with the North Central Texas Council of Governments for design and construction of the Cityville Carlisle pedestrian improvement project after it has been approved as to form by the City Attorney. Section 2. That the City Controller is hereby authorized to deposit funds from the North Central Texas Council of Governments into Fund 0556, Department PBW, Unit P502, Revenue Source 6526 in an amount not to exceed $450,000. Section 3. That the City Manager is hereby authorized to increase appropriations in the Capital Projects Reimbursement Fund 0556, Department PBW, Unit P502, Obj. 4510 in the amount of $450,000. 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. Distribution: Public Works and Transportation, Jean Mitchell, OCMC, Room 101 Public Works and Transportation, Dawna Brown, City Hall, L1BS City Attorney City Controller's Office, Sherrian Parham, City Hall, 4BN COUNCIL CHAMBER October 8, 2008 WHEREAS, the Regional Transportation Council developed a Sustainable Development Program to promote development types that reduce the overall demand for transportation infrastructure; and, WHEREAS, the Regional Transportation Council approved $40.61 million for a Sustainable Development Program Call for Projects on April 14, 2005 and the North Central Texas Council of Governments established Sustainable Development Program Call for Projects rules and submission deadline of January 20, 2006; and, WHEREAS, the Regional Transportation Council approved $450,000 in Regional Transportation Council Local Funds under the Sustainable Development Program for the Cityville Carlisle pedestrian improvement project on April 13, 2006; and, WHEREAS, the Sustainable Development Program requires a minimum local match of 20 percent of the total project cost of $562,500, or $112,500, to be provided by Cityville Carlisle LP, LLC; and, WHEREAS, Council Resolution No. 06-1713 supported the Cityville Carlisle pedestrian improvement project. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Controller is hereby authorized to disburse funds to Cityville Carlisle LP, LLC after reimbursement is received from the North Central Texas Council of Governments, in accordance with the terms and conditions of the agreement from: Capital Projects Reimbursement Fund Fund 0556, Department PBW, Unit P502, Act. INGV Object 4510, Program # PBPRP502, CT PBWPRP502A1 Vendor # VS0000036300, in an amount not to exceed $450,000 Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. Distribution: Public Works and Transportation, Jean Mitchell, OCMC, Room 101 Public Works and Transportation, Dawna Brown, City Hall, L1BS City Controller's Office, Sherrian Parham, City Hall, 4BN City Attorney ADDENDUM ITEM # 10 KEY FOCUS AREA: Make Government More Efficient, Effective and Economical AGENDA DATE: October 8, 2008 COUNCIL DISTRICT(S): N/A DEPARTMENT: Office of Financial Services CMO: Dave Cook, 670-7804 MAPSCO: N/A ______ SUBJECT A resolution (1) confirming that a public hearing was held on October 1, 2008 for the Dallas Performing Arts Cultural Facilities Corporation Cultural Facility Revenue Bonds to finance certain cultural facilities located in the City of Dallas, Texas; (2) approving the Series 2008 Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended; and (3) approving the Notice of Intent of the Dallas Performing Arts Cultural Facilities Corporation relating to the Series 2008 Bonds - Financing: No cost consideration to the City BACKGROUND On February 8, 2006, the City adopted a resolution authorizing the creation of the Dallas Performing Arts Cultural Facilities Corporation (the “Corporation”) and appointing a Board of Directors thereof. The Board of Directors consists of Dave Cook, Chief Financial Officer of the City; Maria Munoz-Blanco, Department Director, Office of Cultural Affairs of the City; and Ramon F. Miguez, Assistant City Manager of the City. The Corporation was formed as a vehicle to provide the financing for a project known as the Dallas Center for the Performing Arts (the “Project”), consisting of the Margot and Bill Winspear Opera House; the Dee and Charles Wyly Theatre; an approximately 600-car underground parking garage; the Performance Park; and the Annette Strauss Artist Square. In June 2006, the Corporation issued $150 million of its Cultural Facility Revenue Bonds (Dallas Foundation for the Performing Arts, Inc. Project), Series 2006A and Series 2006B (the “Series 2006 Bonds”). The Series 2006 Bonds were issued as auction rate securities insured by MBIA Insurance Corporation, and were rated “AAA” at the time of issuance, based on the insurance policy from MBIA. BACKGROUND (Continued) Early in 2008, market turbulence that began with subprime mortgage crisis intensified and spread to municipal market. Monoline insurers suffered from exposure to other markets, and MBIA has consequently been downgraded to A2 from Moody’s (with negative outlook) and AA from S&P (with negative outlook). Auction rates for the Series 2006 Bonds have averaged approximately 5.6% since February 2008, compared to an average of 2% for benchmark tax-exempt short-term rates over that period. The Corporation met on September 22, 2008 and passed a resolution approving publication of a notice of public hearing pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986 (the “TEFRA” hearing), authorizing the filing of the Notice of Intent with the City and approving the issuance of Series 2008 Bonds, the proceeds of which would be used by DCPA to (1) refund the Series 2006 Bonds and (2) pay costs of issuance for the Series 2008 Bonds. The TEFRA notice was published on September 16, 2008 in the Dallas Morning News, and the TEFRA hearing occurred on October 1, 2008 at Dallas City Hall. The Notice of Intent was filed with the City Secretary on September 24, 2008. The item currently before the City Council requests that the City Council, as an “applicable elected representative” (“AER”), approve the Project and the Series 2008 Bonds after a public hearing following reasonable public notice. The City Council is also requested to approve the Notice of Intent which was filed with the City pursuant to the requirements of Article 1528m, Vernon’s Texas Civil Statutes. The TEFRA approval and the approval of the Notice of Intent are not to be construed as (i) a representation or warranty by the City, the Governing Body of the City, any of the officers of the City, the State of Texas or any other agency, instrumentality or political subdivision of the State of Texas that the Series 2008 Bonds will be paid or that any obligations assumed by any of the parties under the instruments delivered in connection with the Series 2008 Bonds will in fact be performed, (ii) a pledge of faith and credit of or by the State of Texas or any agency, instrumentality or political subdivision of the State of Texas, including the City, or (iii) a representation or warranty concerning the validity of the Series 2008 Bonds. The Series 2008 Bonds will be repaid solely from the revenues of the Foundation, and neither the Corporation, the City, nor the State of Texas has any obligation on the Series 2008 Bonds. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 22, 2008, the Finance, Audit and Accountability Committee was briefed. FISCAL INFORMATION No cost consideration to the City. Agenda Date 10/08/2008 - page 2 COUNCIL CHAMBER October 8, 2008 WHEREAS, pursuant to Article 1528m, Vernon’s Texas Civil Statutes, as amended (the “Act”), the Dallas Performing Arts Cultural Facilities Corporation (the “Issuer”) is going to issue one or more series of cultural facility revenue bonds in a principal amount not to exceed $160,000,000 (the “Bonds”), the proceeds of which will be used, among other things, to provide funds to (i) refinance all of the presently outstanding Dallas Performing Arts Cultural Facilities Corporation Cultural Facility Revenue Bonds (Dallas Center for the Performing Arts Foundation, Inc. Project), Series 2006A and Series 2006B (collectively, the “Refunded Bonds”), the proceeds of which were loaned to DCPA to finance and refinance the cost of “cultural facilities” as defined in the Act (the “Project”) and (ii) pay the costs of issuance of the Series 2008 Bonds; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that the Bonds and the Project be approved by the “applicable elected representative” (the “AER”) after a public hearing following reasonable public notice; and WHEREAS, the City Council (the “Governing Body”) of the City of Dallas, Texas (the “City”) is the AER with respect to the Project; and WHEREAS, notice of a public hearing with respect to the Project and the Bonds held by a representative of the City on October 1, 2008, was published no less than 14 days before said date in the Dallas Morning News, being a newspaper of general circulation available to residents within the City; and WHEREAS, the duly appointed hearing officer of the City held such public hearing on the date and at the time and place set out in such published notice, and conducted such hearing in a manner that provided a reasonable opportunity for persons with differing views on the issuance of the Bonds and on the location and nature of the Project to be heard; and WHEREAS, the Governing Body desires to: (i) confirm action taken with respect to public hearing requirements for the Project, and (ii) approve the Bonds and the Project as required by Section 147(f) of the Code; and WHEREAS, on September 24, 2008, in accordance with the requirements of the Act, the Issuer filed its Notice of Intent to Issue Bonds and Providing Certain Information Relating Thereto (the “Notice of Intent”) with the City Secretary of the City, which is at least fifteen (15) days before the date set for the issuance of the Bonds. COUNCIL CHAMBER October 8, 2008 Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. The Governing Body hereby finds, determines, recites and declares that a public hearing with respect to the Bonds and the Project was held on October 1, 2008, that notice of such public hearing was published no less than 14 days before such date in a newspaper of general circulation available to residents within the City; that such notice included the date, time and place of the public hearing, the location, general nature and the initial owner of the Project and the maximum aggregate principal amount of the Bonds; and that all comments from interested persons were taken at such public hearing. Section 2. The Governing Body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour and place of this meeting and of the subject of this Resolution was posted on a bulletin board at a place convenient to the public in the Dallas City Hall for at least 72 hours preceding the convening of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the convening of such meeting; and such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof was discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551 of the Texas Government Code, as amended. Section 3. The Governing Body, acting in its capacity as AER pursuant to the requirements of Section 147(f) of the Code, hereby approves the Bonds and the Project to be financed with the proceeds of the Bonds and located within the City. The approval granted hereby is not to be construed as (i) a representation or warranty by the City, the Governing Body of the City, any of the officers of the City, the State of Texas or any other agency, instrumentality or political subdivision of the State of Texas that the Bonds will be paid or that any obligations assumed by any of the parties under the instruments delivered in connection with the Bonds will in fact be performed, (ii) a pledge of faith and credit of or by the State of Texas or any agency, instrumentality or political subdivision of the State of Texas, including the City, or (iii) a representation or warranty concerning the validity of the Bonds. COUNCIL CHAMBER October 8, 2008 Section 4. In accordance with Article Six of the Articles of Incorporation of the Issuer, the City Council of the City hereby approves the form and substance of the Notice of Intent. The approval granted hereby is not to be construed as (i) a representation or warranty by the City, the Governing Body of the City, any of the officers of the City, the State of Texas or any other agency, instrumentality or political subdivision of the State of Texas that the Bonds will be paid or that any obligations assumed by any of the parties under the instruments delivered in connection with the Bonds will in fact be performed, (ii) a pledge of faith and credit of or by the State of Texas or any agency, instrumentality or political subdivision of the State of Texas, including the City, or (iii) a representation or warranty concerning the validity of the Bonds. Section 5. That this Resolution shall be in full force and effect from and after its passage in accordance with provisions of the Charter of the City of Dallas, and it is accordingly so resolved.