~=:-J 2 S=~ FEBRUARY 23, 2011 CITY COUNCIL ADDENDUM CERTIFICATION

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1 FEBRUARY 23, 2011 CITY COUNCIL ADDENDUM CERTIFICATION This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Addendum dated February 23, 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. ary K. Suhm City Manager.2 - /7 - /1 Date ~=:-J 2 S=~ Edward Scott City Controller Date

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5 ADDENDUM CITY COUNCIL MEETING FEBRUARY 23, 2011 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS :00 A. M. ADDITIONS: CONSENT ADDENDUM Aviation 1. Ratify an emergency purchase of CRYOTECH E36 Liquid Runway Deicer (Potassium Acetate) and CRYOTECH NAAC Solid Runway Deicer (Sodium Acetate - anhydrous) from Cryotech Deicing Technology which were used for deicing operations at Dallas Love Field and Executive Airport - Not to exceed $139,009 - Financing: Aviation Current Funds Business Development & Procurement Services 2. Authorize a six-month consultant contract for development of the Local Solid Waste Management Plan for Sanitation Services - HDR Engineering, Inc., most advantageous proposer of four - Not to exceed $160,000 - Financing: Current Funds ($80,000 to be reimbursed by the North Central Texas Council of Governments) Sustainable Development and Construction 3. An ordinance abandoning a portion of an alley to Dallas Independent School District, the abutting owner, containing approximately 5,688 square feet of land located near the intersection of Garden Avenue and 2 nd Avenue, authorizing the quitclaim and providing for the dedication of approximately 409 square feet of land needed for street right-ofway - Revenue: $5,400 plus the $20 ordinance publication fee 4. An ordinance abandoning a portion of Hawes Street to GIC-1820, L.P., the abutting owner, containing approximately 362 square feet of land located near the intersection of Hawes Street and Mockingbird Lane and authorizing the quitclaim - Revenue: $5,400 plus the $20 ordinance publication fee 5. An ordinance abandoning a portion of an alley to TGF Equities, LLC, 2705 Swiss Ave, John Martin Davis, Jr. and Stephen Earl Davis, the abutting owners, containing approximately 6,894 square feet of land located near the intersection of Cantegral Street and Swiss Avenue and authorizing the quitclaim - Revenue: $179,244 plus the $20 ordinance publication fee

6 ADDENDUM CITY COUNCIL MEETING FEBRUARY 23, 2011 ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Trinity Watershed Management 6. Authorize Supplemental Agreement No. 1 to the professional services contract with URS Corporation for additional design services on the 35% design plans for Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pump Station and Nobles Branch Culverts, to meet federal requirements of the Water Resources Development Act of Not to exceed $250,000, from $3,600,000 to $3,850,000 - Financing: 2006 Bond Funds 7. Authorize Supplemental Agreement No. 3 to the professional services contract with Carter & Burgess, Inc., a wholly owned subsidiary of the Jacobs Engineering Group, Inc., for additional design services on the Pavaho Pumping Station and Baker Pump Station to address Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) requirements - Not to exceed $2,145,000, from $11,878,440 to $14,023,440 - Financing: 2006 Bond Funds ITEMS FOR INDIVIDUAL CONSIDERATION DESIGNATED PUBLIC SUBSIDY MATTERS Housing/Community Services 8. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for 1400 Belleview located at 1401 Browder Street for the acquisition and new construction of the proposed 164-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval 9. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Brook Village Apartments located at 6852 Shady Brook Lane for the acquisition and rehabilitation of the proposed 213-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Denial 2

7 ADDENDUM CITY COUNCIL MEETING FEBRUARY 23, 2011 ADDITIONS: (Continued) ITEMS FOR INDIVIDUAL CONSIDERATION (Continued) DESIGNATED PUBLIC SUBSIDY MATTERS (Continued) Housing/Community Services (Continued) 10. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Champion Homes at Copperridge located at 5522 Maple Avenue for the acquisition and new construction of the proposed 200-unit multifamily residential development for mix income families - Financing: No cost consideration to the City Recommendation of Staff: Approval 11. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Deaf Action Center located at 3115 Crestview Drive for the reconstruction of the proposed 36-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval 12. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for E2 Flats located at 211 North Ervay Street for acquisition and rehabilitation of the proposed 119- unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval 13. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Green Haus on the Santa Fe Trail located at 4611 East Side Avenue for the acquisition and new construction of the proposed 24-unit multifamily residential development for low income housing - Financing: No cost consideration to the City Recommendation of Staff: Approval 14. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Hatcher Square located at 4600 Scyene Road for the acquisition and new construction of the proposed 136-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval 3

8 ADDENDUM CITY COUNCIL MEETING FEBRUARY 23, 2011 ADDITIONS: (Continued) ITEMS FOR INDIVIDUAL CONSIDERATION (Continued) DESIGNATED PUBLIC SUBSIDY MATTERS (Continued) Housing/Community Services (Continued) 15. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Kleberg Commons located at Kleberg Road for the acquisition and new construction of the proposed 200-unit multifamily residential development for low income senior housing - Financing: No cost consideration to the City Recommendation of Staff: Approval 16. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Peoples El Shaddai located at 2836 East Overton Road for the acquisition and rehabilitation of the proposed 100-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Denial 17. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Sphinx at Lawnview located at 4120 Lawnview Avenue for the acquisition and new construction of the proposed 120-unit multifamily residential development for low income senior housing - Financing: No cost consideration to the City Recommendation of Staff: Approval 18. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for St. Paul Apartments located at 1801 Young Street for the acquisition and new construction of the proposed 146-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval 19. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Tyler Street Manor located at 922 West Ninth Street for the acquisition and rehabilitation of the proposed 180-unit multifamily residential development for low income senior housing - Financing: No cost consideration to the City Recommendation of Staff: Approval 4

9 ADDENDUM CITY COUNCIL MEETING FEBRUARY 23, 2011 ADDITIONS: (Continued) ITEMS FOR INDIVIDUAL CONSIDERATION (Continued) DESIGNATED PUBLIC SUBSIDY MATTERS (Continued) Housing/Community Services (Continued) 20. Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Veterans Place located at 4623 South Lancaster Road for the acquisition and new construction of the proposed 147-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval 5

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11 ADDENDUM DATE February 23, 2011 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION Ratify an emergency purchase of CRYOTECH E36 Liquid Runway Deicer (Potassium Acetate) and CRYOTECH NAAC Solid Runway Deicer (Sodium Acetate - anhydrous) from Cryotech Deicing 1 8, 14 C AVI $139, NA NA Technology which were used for deicing operations at Dallas Love Field and Executive Airport 2 All C PBD, SAN $160, % 35.00% Authorize a six-month consultant contract for development of the Local Solid Waste Management Plan for Sanitation Services 3 7 C DEV REV $5,400 NA NA An ordinance abandoning a portion of an alley to Dallas Independent School District, the abutting owner, containing approximately 5,688 square feet of land located near the intersection of Garden Avenue and 2nd Avenue, authorizing the quitclaim and providing for the dedication of approximately 409 square feet of land needed for street right-of-way 4 2 C DEV REV $5,400 NA NA An ordinance abandoning a portion of Hawes Street to GIC-1820, L.P., the abutting owner, containing approximately 362 square feet of land located near the intersection of Hawes Street and Mockingbird Lane and authorizing the quitclaim 5 14 C DEV REV $179,244 NA NA 6 All C TWM $250, % 21.74% 7 2, 6 C TWM $2,145, % 24.85% 8 2 I HOU NC NA NA 9 13 I HOU NC NA NA 10 2 I HOU NC NA NA 11 2 I HOU NC NA NA I HOU NC NA NA 13 2 I HOU NC NA NA An ordinance abandoning a portion of an alley to TGF Equities, LLC, 2705 Swiss Ave, John Martin Davis, Jr. and Stephen Earl Davis, the abutting owners, containing approximately 6,894 square feet of land, located near the intersection of Cantegral Street and Swiss Avenue and authorizing the quitclaim Authorize Supplemental Agreement No. 1 to the professional services contract with URS Corporation for additional design services on the 35% design plans for Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pump Station and Nobles Branch Culverts, to meet federal requirements of the Water Resources Development Act of 2007 Authorize Supplemental Agreement No. 3 to the professional services contract with Carter & Burgess, Inc., a wholly owned subsidiary of the Jacobs Engineering Group, Inc., for additional design services on the Pavaho Pumping Station and Baker Pump Station to address Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) requirements Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for 1400 Belleview located at 1401 Browder Street for the acquisition and new construction of the proposed 164-unit multifamily residential development for low income families Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Brook Village Apartments located at 6852 Shady Brook Lane for the acquisition and rehabilitation of the proposed 213-unit multifamily residential development for low income families Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Champion Homes at Copperridge located at 5522 Maple Avenue for the acquisition and new construction of the proposed 200-unit multifamily residential development for mix income families Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Deaf Action Center located at 3115 Crestview Drive for the reconstruction of the proposed 36-unit multifamily residential development for low income families Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for E2 Flats located at 211 North Ervay Street for acquisition and rehabilitation of the proposed 119-unit multifamily residential development for low income families Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Green Haus on the Santa Fe Trail located at 4611 East Side Avenue for the acquisition and new construction of the proposed 24-unit multifamily residential development for low income housing Page 1

12 ADDENDUM DATE February 23, 2011 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Hatcher Square located at 4600 Scyene Road for the acquisition and new construction of the proposed 136-unit multifamily residential development for low 14 7 I HOU NC NA NA income families Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Kleberg Commons located at Kleberg Road for the acquisition and new construction of the proposed 200-unit multifamily residential development for low 15 8 I HOU NC NA NA income senior housing Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Peoples El Shaddai located at 2836 East Overton Road for the acquisition and rehabilitation of the proposed 100-unit multifamily residential development for 16 4 I HOU NC NA NA low income families Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Sphinx at Lawnview located at 4120 Lawnview Avenue for the acquisition and new construction of the proposed 120-unit multifamily residential development for 17 7 I HOU NC NA NA low income senior housing Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for St. Paul Apartments located at 1801 Young Street for the acquisition and new construction of the proposed 146-unit multifamily residential development for low 18 2 I HOU NC NA NA income families Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Tyler Street Manor located at 922 West Ninth Street for the acquisition and rehabilitation of the proposed 180-unit multifamily residential development for low 19 1 I HOU NC NA NA income senior housing Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Veterans Place located at 4623 South Lancaster Road for the acquisition and new construction of the proposed 147-unit multifamily residential development for 20 5 I HOU NC NA NA low income families TOTAL $2,694, Page 2

13 KEY FOCUS AREA: ADDENDUM ITEM # 1 Public Safety Improvements and Crime Reduction AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 8, 14 DEPARTMENT: Aviation CMO: A. C. Gonzalez, MAPSCO: SUBJECT 34E 63L Ratify an emergency purchase of CRYOTECH E36 Liquid Runway Deicer (Potassium Acetate) and CRYOTECH NAAC Solid Runway Deicer (Sodium Acetate - anhydrous) from Cryotech Deicing Technology which were used for deicing operations at Dallas Love Field and Executive Airport - Not to exceed $139,009 - Financing: Aviation Current Funds BACKGROUND From February 1, 2011 through February 4, 2011, and on February 9, 2011, a total of eight (8) inches of snow and ice fell in Dallas. In order to maintain airport operations, runways and taxiways had to be cleared of snow and ice. Due to the severity and magnitude of the winter storm, the Aviation Department depleted its inventory of deicing chemicals. This agenda item provides payment for additional chemicals used during the winter event and replaces depleted stock. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $139, Aviation Current Funds Council District Amount 8 $25, $113, Total $139,009.00

14 ETHNIC COMPOSITION Cryotech Deicing Technology White Female 27 White Male 40 Black Female 0 Black Male 0 Hispanic Female 1 Hispanic Male 1 Other Female 0 Other Male 0 OWNER Cryotech Deicing Technology Keith L. Johnson, President Anthony G. Navarra, Vice President Agenda Date 02/23/ page 2

15 COUNCIL CHAMBER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: February 23, 2011 Section 1. That the emergency purchase of deicing chemicals to maintain airport operations by clearing the runways and taxiways of snow and ice from Cryotech Deicing Technology in the amount of $139, is hereby ratified as an emergency expenditure. Section 2. That the City Controller be and is hereby authorized to pay the amount of $139, from the Aviation Current Fund as follows: FUND DEPT UNIT OBJECT ENCUMBRANCE AMOUNT 0130 AVI CTAVICRYOT211 $139, 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: Mark Duebner, Aviation Department, Dallas Love Field Johnny Evans, Aviation Department, Dallas Love Field Brenda Hozak, Aviation Department, Dallas Love Field

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17 KEY FOCUS AREA: A Cleaner, Healthier City Environment ADDENDUM ITEM # 2 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): DEPARTMENT: All Business Development & Procurement Services Sanitation Services CMO: Jeanne Chipperfield, Ryan S. Evans, MAPSCO: SUBJECT N/A Authorize a six-month consultant contract for development of the Local Solid Waste Management Plan for Sanitation Services HDR Engineering, Inc., most advantageous proposer of four Not to exceed $160,000 - Financing: Current Funds ($80,000 to be reimbursed by the North Central Texas Council of Governments) BACKGROUND This service contract will provide consulting services for the development of the Local Solid Waste Management Plan. This plan is intended to serve as a blueprint for the City's solid waste programs and operations for the next 50 years. The plan will analyze many facets of solid waste practices such as: Historic and current practices Solid waste business and the role it plays in the DFW region Waste generation projections Projected landfill capacity under various usage scenarios Waste transfer operations Future waste transfer options Waste minimization options Developing technologies and techniques that will benefit the plan Regulatory requirements Conceptual staged cost estimates and financing options for noted programs Conceptual stage scheduling including milestone dates Based on the plan recommendations, cost and timeline, Sanitation Services will consider operational changes to increase efficiencies in managing all of the assets and operations for the optimum benefit of the DFW region. Sanitation Services will submit a request for reimbursement of $80,000 by the North Central Texas Council of Governments (NCTCOG) based on their acceptance of the plan.

18 BACKGROUND (Continued) A six member committee from the following departments reviewed and evaluated the proposals: Sanitation Services (2) Trinity Watershed Management (1) Economic Development (1) Equipment and Building Services (1) Business Development and Procurement Services (1)* *Business Development and Procurement Services only evaluated the cost. The successful proposer was selected by the committee on the basis of demonstrated competence and qualifications under the following criteria: Prior Experience 35% Cost 30% Past Project References 20% Proposed Approach and Timeline 15% As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS' ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women's Business Council - Southwest, to ensure maximum vendor outreach. ESTIMATED SCHEDULE OF PROJECT Begin Project March 2011 Complete Project August 2011 PRIOR ACTION/REVIEW (COUNCIL BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $160, Current Funds ($80,000 to be reimbursed by the North Central Texas Council of Governments) Agenda Date 02/23/ page 2

19 M/WBE INFORMATION Vendors contacted No response 0 - Response (Bid) 0 - Response (No Bid) 0 - Successful 1238 M/WBE and Non-M/WBE vendors were contacted The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No as amended. ETHNIC COMPOSITION HDR Engineering, Inc. White Male 124 White Female 39 Black Male 2 Black Female 3 Hispanic Male 12 Hispanic Female 5 Other Male 19 Other Female 3 PROPOSAL INFORMATION The following proposals were received from solicitation number BDZ1103 and read on December 15, This consultant contract is being awarded in its entirety to the most advantageous proposer. *Denotes successful proposer Proposers Address Score Amount *HDR Engineering, Preston Rd % $160, Inc. Suite 200 Dallas, TX R.W. Beck, Inc th Ave % $160, Suite 2500 Seattle, WA Shaw Environmental, 4171 Essen Ln % $158, Inc. Baton Rouge, LA Agenda Date 02/23/ page 3

20 PROPOSAL INFORMATION (Continued) Proposers Address Score Amount Providence 1201 Main St % $158, Engineering Baton Rouge, LA and Environmental Group, LLC. OWNER HDR Engineering, Inc. George A. Little, President Ramon F. Miguez, Vice President Louis Pachman, Secretary Chad Hartnett, Treasurer Agenda Date 02/23/ page 4

21 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a six-month consultant contract for development of the Local Solid Waste Management Plan for Sanitation Services HDR Engineering, Inc., most advantageous proposer of four Not to exceed $160,000 - Financing: Current Funds ($80,000 to be reimbursed by the North Central Texas Council of Governments) HDR Engineering, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Other Services LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $160, % Total non-local contracts $ % TOTAL CONTRACT $160, % LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent CP&Y, Inc. Risa Weinberger & Associates, Inc. PMMB47123Y1111 WFWB47125N1111 $48, $8, % 5.00% Total Minority - Local $56, % Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $ % $ % Hispanic American $ % $ % Asian American $48, % $48, % Native American $ % $ % WBE $8, % $8, % Total $56, % $56, %

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23 COUNCIL CHAMBER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: February 23, 2011 Section 1. That the City Manager is authorized to execute a contract with HDR Engineering, Inc. (181219) for development of the Local Solid Waste Management Plan for Sanitation Services for a term of six months in an amount not to exceed $160,000.00, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to HDR Engineering, Inc. shall be based only on the amount of the services directed to be performed by the City and properly performed by HDR Engineering, Inc. under the contract. Section 2. That the City Controller is authorized to disburse funds from the following appropriation in an amount not to exceed $160,000.00: FUND DEPT UNIT OBJ AMOUNT ENCUMBRANCE 0001 SAN $160, SAN3591B-11RWB 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.

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25 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 3 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 7 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, MAPSCO: SUBJECT 46Z An ordinance abandoning a portion of an alley to Dallas Independent School District, the abutting owner, containing approximately 5,688 square feet of land located near the intersection of Garden Avenue and 2 nd Avenue, authorizing the quitclaim and providing for the dedication of approximately 409 square feet of land needed for street right-of-way - Revenue: $5,400 plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of an alley to Dallas Independent School District, the abutting owner. The area will be included with the property of the abutting owner for the expansion of Pearl C. Anderson High School campus. The abutting owner will dedicate approximately 409 square feet of land needed for street right-of-way. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required. Notices were sent to 27 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. This transaction is consistent with the recommendations of the Real Estate Task Force. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $5,400 plus the $20 ordinance publication fee

26 OWNER Dallas Independent School District Adam Medrano, President MAPS Attached Agenda Date 02/23/ page 2

27 apsco 46...Z

28 C/ Lm Alley Abandonment.. Alley Dedication

29 ORDINANCE NO. An ordinance providing for the abandonment of a portion of an alley located adjacent to City Blocks 4450, C/4450, and D/4450 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Dallas Independent School District; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; providing for the conveyance of needed land to the City of Dallas; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; providing for the waiver of certain provisions of the Dallas Development code; providing a future effective date for this abandonment; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of Dallas Independent School District, a governmental instrumentality, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portion of an alley is not needed for public use, and same should be abandoned and quitclaimed to GRANTEE as hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That those certain provisions of Section 51A-8.507(b) of the Dallas Development Code regarding dead-end alleys to the extent not required by state law or City Charter, are hereby waived with respect to this ordinance. SECTION 2. That the tract of land described in Exhibit A, which is attached hereto and made a part hereof, be and the same is abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the conditions MM/

30 and future effective date hereinafter more fully set out. SECTION 3. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 ($5,400.00) DOLLARS paid by GRANTEE, and the further consideration described in Sections 9,10,11, and 12 the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, future effective date and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to that certain tract of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 4. That upon payment of the monetary consideration set forth in Section 3, GRANTEE accepts the terms, provisions, future effective date and conditions of this ordinance. SECTION 5. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 3 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source SECTION 6. That the abandonment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contained in Exhibit B, which is attached hereto and for all intents and purposes made a part hereof. SECTION 7. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. MM/

31 SECTION 8. That the abandonment and quitclaim provided for herein shall extend only to that interest the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate. SECTION 9. That as a condition of this abandonment and as part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold whole and harmless the City of Dallas of, from and against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A, (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A. GRANTEE, its successors and assigns hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, Hazardous Substance means the following: (a) any hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any hazardous substance under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any hazardous chemicals or toxic chemicals under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any hazardous waste under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any chemical substance under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. MM/

32 References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. SECTION 10. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall: a) Obtain a street cut permit from Public Works at (214) , prior to performing any work in the City of Dallas right-of-way. SECTION 11. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall record a final replat of the adjoining properties within one year of the effective date of this ordinance showing the fee simple dedication of not less than 409 square feet of needed right-of-way in City Block This final replat shall be recorded by GRANTEE in the official real property records of the county in which the abandoned area and the dedicated property are located, after its approval by the City Plan Commission of the City of Dallas. This abandonment shall not be effective unless and until this dedication is completed and failure to record a final replat in accordance with the term of this section shall render this ordinance null and void and of no further effect. Further, the final replat shall be recorded in the official real property records of the county in which the abandoned area is located before a certified copy of this ordinance shall be delivered to GRANTEE. SECTION 12. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall, immediately upon the effectiveness of this abandonment, close, barricade and/or place signs in the area described in Exhibit A in accordance with detailed plans approved by the Director of Sustainable Development and Construction. GRANTEE's responsibility for keeping the area described in Exhibit A closed, barricaded and/or the signs in place shall continue until the street improvements and intersection returns are removed by GRANTEE, its heir successors and assigns, to the satisfaction of the Director of Sustainable Development and Construction. MM/

33 SECTION 13. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Section 3, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, and the completion of the dedication set forth in Section 11, the Director of Sustainable Development and Construction or designee: (i) shall deliver to GRANTEE a certified copy of this ordinance; and (ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to the area abandoned herein, to GRANTEE hereunder, same to be executed by the City Manager on behalf of the City of Dallas, attested by the City Secretary and approved as to form by the City Attorney. The Director of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 14. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney THERESA O'DONNELL Director of Sustainable Development and Construction BY { Assistant City Attorney Passed, _ MM/35802

34 EXHI ABANDONMENT OF 16' ALLEY AC. TRACT City Blocks C/ 4450 and 0/4450 and being out of the Thomas Lagow League, Abstract No. 759 City of Dallas, Dallas County, Texas Being a 5,204 square foot tract of land situated in the City of Dallas, Dallas County, Texas and being a part of the Thomas Lagow League, Abstract No. 759, and being part of City Blocks C/4450 and D/4450, of the Garden Addition No.1, an addition to the City of Dallas as Recorded in Volume 6, Page 39 of the Map Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a found Highway Monument being in the remainder, after the widening of Second Avenue, of the North corner of a tract of land conveyed to Dallas Independent School District (DISD) by Warranty Deed as recorded in Volume 93169, Page 2530, of the Deed Records of Dallas County, Texas, being Lot 1 in Block C/4450 of said Garden Addition No.1, and also being in the intersection of the Southwest right-of-way line of Second Avenue (Variable Width Right-of Way) and in the southeast right-of-way line of Garden Lane (50' Right-of-Way); THENCE South 44 34'22" West, along the southeast line of said Garden Lane, a distance of feet, to a set "X" cut, being the west corner of said Lot 1, Block C/4450, and being in the northeast right-of-way line of a 16 foot alley, being the POINT OF BEGINNING; THENCE departing the southeast line of said Garden Lane, South 45 18'09" East, along the northeast line of said 16 foot alley, a distance of feet, to a Y:z inch Iron rod set with a yellow cap stamped "SGI RPLS 3664", being in the southwest line of Lot 1A, Block D/4450, and being in the northeast line of said 16 foot alley; THENCE South 44 41'51" West, over and across said 16 foot alley, a distance of feet, to a Y:z inch Iron rod set with a yellow cap stamped "SGI RPLS 3664", being in the north line of Called First Tract of said DISD property, and being in the southwest right-of-way line of said 16 foot alley; THENCE North 45 18'09" West, along said north line of Called First Tract and along the southwest line of said 16 foot alley, a distance of feet, to a set "X" cut, being the north corner of Lot 6, Block C/4450 of said Garden Addition No.1, being in the southwest line of said 16 foot alley, and being in the southeast line of said Garden Lane; THENCE North 44 34'22" East, along the southeast line of said Garden Lane, a distance of feet, to the POINT OF BEGINNING, and containing 5,204 square feet or acres of land, more or less. BASIS OF BEARING: The Basis of Bearing is the centerline of Second Avenue assumed as, South 45 24'08" East, as monumented on the ground, parallel with the southwest line of Second Avenue, and shown on Garden Addition No.1, Recorded in Volume 6, Page 39 of the Map Records of Dallas County, Texas. SHEET 1 OF 3

35 A ABANDONMENT OF 16' ALLEY AC. TRACT City Blocks C/4450 and 0/4450 and being out of the Thomas Lagow League, Abstract No. 759 City of Dallas, Dallas County, Texas I, Louis M. Salcedo, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that on December 09, 2009 a survey was performed on site, under my direction and meets minimum standards as set forth by the Texas Board of Professional Land Surveying. Signed this -L-_-::- _ ~~~_2010 by: Louis M. Salcedo RP.L.S SHEET 2 OF 3

36 / ABANDONMENT OF 16' ALLEY AC. TRACT CITY BLOCKS C/4450 AND D/4450 AND BEING OUT OF THE THOMAS LAGOW LEAGUE, ABSTRACT No. 759 CITY OF DALLAS, DALLAS COUNTY, TEXAS N '"~ 0 60 i SCALE IN FEET BLOCK C/4450 GENERAL NOTES t. THE BASIS OF BEARING IS THE CENTERLINE OF SECOND AVENUE ASSUMED AS, SOUTH 45"24'08" EAST, AS MONUMENTED ON THE GROUND, PARALLEL WITH THE SOUTHWEST LINE OF SECOND AVENUE, AND SHOWN ON GARDEN ADDITION NO.1, RECORDED IN VOLUME 6, PAGE 39 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS. 2. SET W IR - IRON ROD SET WITH YELLOW PLAS7lC CAP STAMPED "SGI RPLS 3664" 3. CM = CONTROL MONUMENT SURVEYOR'S CER7lFlCA TE I LOUIS M. SALCEDO, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, DO HEREBY CER7lFY THAT I HAVE PREPARED THIS PLAT FROM AN ACTUAL ON THE GROUND SURVEY OF THE LAND, AND THE MONUMENTS SHOWN THEREON WERE FOUND AND/OR PLACED UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE PLA T71NG RULES AND REGULA 7lONS OF THE CITY P, N COMMISSION THE CITY OF DALLAS, TEXAS. M. SALCEDO REGISTERED PROFESSIONAL LAND SURVEYOR NO DATE./'/1:;><~~. CALLED FIRST TRACT DALLAS INDEPENDENT SCHOOL DISTRICT VOL. 5620, PC. 367 w E 6 00 rjr::>,, Ci,,\5 ~ BLOCK D/4450~ TAU LIM V , P. 365/ BLK 0/4450 LOTS 1&2 ", "BLOCK 0/ 450 ~, cp rj,,\5 Registered Land Surveyor No. : 3664 In the State of: Texas Date of Survey: December 09, 2009 of Last 15, Sheet J of J Salcedo Group, Incorporated Asbuilt land Title Surveyors 400 Suite No. (214) 941-2JJI

37 EXHIBIT B ADDITIONAL ABANDONMENT PROVISIONS That as a condition hereof, this abandonment is subject to any utilities or communication facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, ("Facilities") presently located within the abandoned area described in Exhibit "A", owned and/or operated by the City of Dallas or any utility or communications company, public or private, ("Utility") and to the rights of any Utility for the use of the abandoned area for its Facilities. It is the intent of the foregoing to confirm and maintain and there is hereby reserved and excepted unto the City of Dallas, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through, in, and across the abandoned area for each Utility for its respective Facilities located therein at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within the abandoned area without written consent of each affected Utility. Each Utility shall have the full right to remove and keep removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area. The relocation, removal or adjustment of any or all such Facilities, if made necessary by GRANTEE'S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE'S successors and assigns. Should GRANTEE'S relocation or removal of the Facilities require the obtaining of new easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE'S successors and assigns. If any of the Facilities (or relocations thereof) are allowed to remain on any part of the abandoned area, the easements and buildings restrictions provided herein shall remain thereon. Upon removal or relocation of all of the Facilities, any easements reserved or created herein relating to such removed or relocated Facilities shall terminate, and any building restrictions herein created shall cease. ABAN.EXB (revised 11/9/00)

38

39 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 4 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 2 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, MAPSCO: SUBJECT 33V An ordinance abandoning a portion of Hawes Street to GIC-1820, L.P., the abutting owner, containing approximately 362 square feet of land located near the intersection of Hawes Street and Mockingbird Lane and authorizing the quitclaim - Revenue: $5,400 plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of Hawes Street to GIC-1820, L.P., the abutting owner. The area will be included with the property of the abutting owner to eliminate an existing building encroachment. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required. Notices were sent to 10 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. This transaction is consistent with the recommendations of the Real Estate Task Force. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $5,400 plus the $20 ordinance publication fee

40 OWNER GIC-1820, L.P. GIC-Mockingbird GP, LLC G. H. Stool, Manager MAPS Attached Agenda Date 02/23/ page 2

41 33V 0.51 Mi Scale 1 :

42 / N I J!\ Mockingbird Lane I s» ~ <D CJ) (j) <D <Ḏ Plantation Drive I = License Area

43 ORDINANCE NO. An ordinance providing for the abandonment of a portion of Hawes Street located adjacent to City Block 7923 in the City of Dallas and County of Dallas, Texas, subject to a reverter; providing for the quitclaim thereof to GIC-1820, L.P.; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of GIC-1820, L.P., a Texas limited partnership, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim, subject to a reverter interest, the hereinafter described tract of land, and is of the opinion that, subject to the terms, conditions and reverter herein provided, said portion of Hawes Street is not currently needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereinafter provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to GRANTEE for the consideration and subject to the terms, conditions and reverter, hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the tract of land described in Exhibit A, which is attached hereto and made a part hereof, be and the same is abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the reverter and the conditions hereinafter more fully set out. GM/

44 SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($5,400.00) paid by GRANTEE, and the further consideration described in Sections 8 and 9, the City of Dallas does by these presents QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations and exceptions hereinafter made and with the reverter interest herein stated, all its right, title and interest in and to that certain tract of land hereinabove described in Exhibit A. Provided however, that if the existing encroachment situated on and adjacent to the area to be abandoned is ever: (i) partially demolished, removed or damaged and is not promptly thereafter repaired or rebuilt; (ii) substantially or totally demolished, removed or damaged; or (iii) abandoned in whole or in part by GRANTEE, its successors and assigns, then this ordinance and quitclaim shall be rendered null and void and the right, title and easement of the public shall absolutely revert without any necessity for suit or re-entry by the City; and no act or omission on the part of the City, its successors and assigns, shall be a waiver of the operation or enforcement of this ordinance. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction - Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source GM/

45 SECTION 5. That the abandonment provided for herein is made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise and are further subject to the conditions contained in Exhibit B, which is attached hereto and made a part hereof for all purposes. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 7. That the abandonment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate. SECTION 8. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold the City of Dallas whole and harmless against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns, agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A. GRANTEE, its successors and assigns, hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, Hazardous Substance means the following: (a) any hazardous substances under the Comprehensive, Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any hazardous substances : under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section GM/

46 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any hazardous chemicals or toxic chemicals under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any hazardous waste under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any chemical substance under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. SECTION 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tract of land abandoned and quitclaimed herein. This final replat shall be recorded by GRANTEE in the Deed Records of Dallas County, Texas after its approval by the City Plan Commission of the City of Dallas. SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Sustainable Development and Construction, or designee: (i) shall deliver to GRANTEE a certified copy of this ordinance, and (ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to the area abandoned herein, subject to a reverter interest, to GRANTEE hereunder, same to be executed by the City Manager on behalf of the City of Dallas, attested by the City Secretary and approved as to form by the City Attorney. The Director of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. GM/

47 SECTION 11. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney THERESA O'DONNELL Director of Sustainable Development and Construction BY ~'f.; W(}1rtitY Assistant City Attorney Passed _

48 STREET RIGHT OF WAY ABANDONMENT HAWES STREET CITY BLOCK 7923 Being a 362 square feet tract of land located in the H. BENNETT SURVEY, Abstract No. 83, Block No. 7923, City of Dallas, Dallas County, Texas, and being a part of Hawes Street, described as tract 3, an easement conveyed to the City of Dallas for street purposes, recorded in Volume 5772, Page 261, Deed Records, Dallas County, Texas, and being more particularly described as follows: Beginning at an x-cut set at the South corner of a tract of land conveyed in deed to Dallas Area Rapid Transit "DART', recorded in Document. No , Official Public Records, Dallas County, Texas, said point being the most Westerly Northwest corner of a tract of land conveyed in a Special Warranty Deed to GIC-1820, L.P., recorded in Instrument No , Official Public Records, Dallas County, Texas, and being in the East right-of-way line of said Hawes Street; Thence South 00 deg. 29 min. 00 sec. East, along said East line and along the West property line of said GIC 1820, L.P. tract, a distance of feet to a point for corner; Thence South 89 deg. 31 min. 00 sec. West, leaving said East line, and said West property line, a distance of 3.57 feet to a point for corner in said Hawes Street; Thence North 00 deg. 23 min. 11 sec. West, passing through said Hawes Street, a distance of feet to a point for corner; Thence North 89 deg. 31 min. 00 sec. East, over and across said Hawes Street, a distance of 3.39 feet to the PLACE OF BEGINNING and containing 362 square feet or of an acre of land. Basis of bearing is the West line of the GIC-1820, lop. tract, being South 00 degrees 29 minutes 00 seconds East, recorded in Instrument No , Official Public Records, Dallas County, Texas. A & W SURVEYORS, INC. MESQUITE, nh141<l~7" (972) nh'_l1<l''''- VWVIN.AWSURVEY.COM Dec.

49 STREET RIGHT OF WAY ABANDONMENT HAWES STREET CITY BLOCK 7923 BASIS OF BEARING IS THE WEST LINE OF THE GIC-1820, LP. TRACT, BEING SOUTH 00 DEGREES 29 MINUTES 00 SECOND EAST, RECORDED IN INSTRUMENT NO , O.P.RD.C.T.... o q (PUBLIC RIGHT-OF-WAY) VOL PG M.R.D.CT MOCKINGBIRD LANE... o oq GRAPHIC SCALE o (IN FEET) 1 inch = 40 ft. 1/2" IRON RED DALLAS AREA RAPID TRANSIT PLASTIC CAP ROD L-- DO c-,...n.o ?:p.r.d.:~c~.t~. ~~~~~~ S T "RPLS 4888" r-: 0::0 O' u.q (/)~ :so «<Xl ocr> u.(!j 0Cl. 1:: <0 UJ.J ~? O(/) I-UJ I-(/) zo UJCl. :::EO:: UJ:::> (/)Cl. «I UJUJ - UJ ~g: (/) ~ W W ~ t UJ UJ W ~ «:::I: 5/8" IRON ROO FOUND (PUBLIC RIGHT-QF-WAY) PG. M.RD.C.T. PLANTATION DRIVE PLACE OF BEGINNING q,i);'?j 41:;t:::::;:62 SQUARE FEET OR ~ OF AN ACRE OF LAND OG ~~V (j\ VOL. PG. DRD.C.T OPR-D.G. T MRD. C.T LEGEND C.M. CONTROL MONUNENT POINT FOR CORNER o 112"IR SET"RPLS X-SET o 51S"IR FOUND PROPOSED RAMP +NOT TO SCALE SYMBOL I UP hw /ffl //A BUILDING WALL --l::r- GUARD RAIL FENCE VOWME PAGE DEED RECORDS DALLAS COUNTY TEXAS OFFICIAL PUBLIC RECORDS DALLAS COUNTY TEXAS MAP RECORDS DALLAS COUNTY TEXAS LINE TABLE LINE LENGTH BEARING L ' SOO"29'OO"E L2 3.57' S89"31'OO"W L3 103,90' NOO"23'11"W L4 339' N89 31'OO"E IlLIP ANDERSON Dec /4-20/0 /

50 EXHIBIT B ADDITIONAL ABANDONMENT PROVISIONS That as a condition hereof, this abandonment is subject to any utilities or communication facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, ("Facilities") presently located within the abandoned area described in Exhibit "A", owned and/or operated by the City of Dallas or any utility or communications company, public or private, ("Utility") and to the rights of any Utility for the use of the abandoned area for its Facilities. It is the intent of the foregoing to confirm and maintain and there is hereby reserved and excepted unto the City of Dallas, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through, in, and across the abandoned area for each Utility for its respective Facilities located therein at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within the abandoned area without written consent of each affected Utility. Each Utility shall have the full right to remove and keep removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area. The relocation, removal or adjustment of any or all such Facilities, if made necessary by GRANTEE'S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE'S successors and assigns. Should GRANTEE'S relocation or removal of the Facilities require the obtaining of new easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE'S successors and assigns. If any of the Facilities (or relocations thereof) are allowed to remain on any part of the abandoned area, the easements and buildings restrictions provided herein shall remain thereon. Upon reil19'lcll9r.r lqyclti lclii..gf.th....fclciliti,.. al1y... Cls Il1 l1t...re er'l d...9r.. cr Clt cl...h reip.r 1(3tiI19. t9.. ljch removed or relocated Facilities shall terminate, and any building restrictions herein created shall cease. ABAN.EXB (revised 11/9/00)

51 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 5 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 14 DEPARTMENT: Sustainable Development and Construction CMO: A. C. Gonzalez, MAPSCO: SUBJECT 45M An ordinance abandoning a portion of an alley to TGF Equities, LLC, 2705 Swiss Ave, John Martin Davis, Jr. and Stephen Earl Davis, the abutting owners, containing approximately 6,894 square feet of land located near the intersection of Cantegral Street and Swiss Avenue and authorizing the quitclaim - Revenue: $179,244 plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of an alley to TGF Equities, LLC, 2705 Swiss Ave, John Martin Davis, Jr. and Stephen Earl Davis, the abutting owners. Future acquisition of the proposed abandonment area and abutting properties by Dallas Casa will allow for the development of a new expanded headquarters to better serve Dallas Casa's clients in Dallas County. The abandonment fee is based on an independent appraisal. Notices were sent to 36 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. This transaction is consistent with the recommendations of the Real Estate Task Force. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $179,244 plus the $20 ordinance publication fee

52 OWNERS TGF Equities, LLC Michael B. Lanahan, President 2705 Swiss Ave Stephen D. Smith, Manager John Martin Davis, Jr. Stephen Earl Davis MAPS Attached Agenda Date 02/23/ page 2

53

54 < Ie bandonment

55 ORDINANCE NO. An ordinance providing for the abandonment of a portion of an alley located adjacent to City Block 326 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to 2705 Swiss Ave, TGF Equities, LLC, John Martin Davis, Jr. and Stephen Earl Davis; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; providing a future effective date for this abandonment; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of 2705 Swiss Ave, a Texas limited liability corporation, TGF Equities, LLC, a Texas limited liability company, John Martin Davis, Jr., an individual and Stephen Earl Davis, an individual, hereinafter referred to collectively as GRANTEE, deems it advisable to abandon and quitclaim the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portion of the alley is not needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the tract of land described in Exhibit A, which is attached hereto and made a part hereof for all purposes, be and the same is abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the conditions hereinafter more fully set out. MM/xxxx 1

56 SECTION 2. That for and in monetary consideration of the sum of ONE HUNDRED SEVENTY-NINE THOUSAND TWO HUNDRED FORTY-FOUR AND NO/100 DOLLARS ($179,244.00) paid by GRANTEE, and the further consideration described in Sections 8, 9, 10, 11 and 12 the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, as their interests appear, subject to the conditions, reservations, and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to the certain tract of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction- Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source SECTION 5. That the abandonment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contained in Exhibit B, which is attached hereto and made a part hereof for all purposes.. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, their successors, heirs and assigns. MM/xxxx 2

57 SECTION 7. That the abandonment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate. SECTION 8. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, their successors, heirs and assigns, agree to indemnify, defend, release and hold whole and harmless the City of Dallas of, from and against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, their successors, heirs and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, their successors, heirs and assigns, agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A. GRANTEE, their successors, heirs and assigns, hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, Hazardous Substance means the following: (a) any hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any hazardous substance under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any hazardous chemicals or toxic chemicals under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any hazardous waste under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any chemical substance under the Toxic Substance Control Act, 15 MM/xxxx 3

58 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. SECTION 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall obtain a street cut permit from Public Works and Transportation at , if work is being performed in the City of Dallas' right-of-way. SECTION 10. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall submit engineering plans to the Department of Sustainable Development and Construction, Water Engineering Division, showing the relocation of the existing wastewater facilities and shall execute a Private Development Contract within 90 days of the effective date of this ordinance. This abandonment shall not be effective unless and until a Private Development Contract is completed as herein provided and failure to execute said contract as set forth shall render this ordinance null and void and of no further effect. SECTION 11. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tract of land abandoned and quitclaimed herein. This final replat shall be recorded by GRANTEE in the official real property records of the county in which the abandoned area is located after its approval by the City Plan Commission of the City of Dallas. SECTION 12. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall, immediately upon the passage of this ordinance, close, barricade and/or place signs in the area described in Exhibit A in accordance with detailed plans approved by the Director of Sustainable Development and Construction. GRANTEE's responsibility for keeping the area described in Exhibit A closed, barricaded and/or the signs in place shall continue until the street improvements and intersection returns are removed by GRANTEE, its successors and assigns, to the satisfaction of the Director of Sustainable Development and Construction. MM/xxxx 4

59 SECTION 13. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the official real property records of the county in which the abandonment area is located, which certified copy shall be delivered to the Director of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Sustainable Development and Construction, or designee: (i) shall deliver to GRANTEE a certified copy of this ordinance, and (ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to the area abandoned herein, to GRANTEE hereunder, same to be executed by the City Manager on behalf of the City of Dallas, attested by the City Secretary and approved as to form by the City Attorney.The Director of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 14. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney Passed _ MM/xxxx 5

60 ALLEY ABANDONMENT BOLL'S SUBDIVISION BLOCK 326 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING A 6,894 SQUARE FOOT TRACT OF LAND SITUATED IN THE JOHN GRIGSBY SURVEY, ABSTRACT NO. 495, CITY OF DALLAS, DALLAS COUNTY, TEXAS, BEING ALL OF 20-FOOT ALLEY IN BLOCK 326 OF BOLL'S SUBDIVISION, AN ADDITION TO THE CITY OF DALLAS ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN VOLUME U, PAGE 277, DEED RECORDS OF DALLAS COUNTY, TEXAS, (D.R.D.C.T) SAID 6,894 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT 3/8-INCH IRON ROD FOUND FOR THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID ALLEY WITH THE NORTHEASTERLY RIGHT-OF WAY LINE OF CANTEGRAL STREET, (A VARIABLE WIDTH PUBLIC RIGHT-OF WAY) AND BEING MOST WESTERN CORNER OF LOT 1, BLOCK 326 OF SAID BOLL'S SUBDIVISION AND ALSO BEING THE MOST WESTERN CORNER OF THAT CALLED ACRE TRACT OF LAND DESIGNATED AS "TRACT 2" IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, TO 2705 SWISS AVE., RECORDED IN COUNTY CLERK'S FILE NUMBER , OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, (O.P.R.D.C.T); THENCE NORTH 44 38'13" WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" SET FOR THE SOUTH CORNER OF LOT 14, BLOCK 326 OF SAID BOLL'S SUBDIVISION SAME BEING THE SOUTH CORNER OF THAT CALLED ACRE TRACT OF LAND DESIGNATED AS "TRACT 1" IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, TO 2705 SWISS AVE., RECORDED IN COUNTY CLERK'S FILE NUMBER , O.P.R.D.C.T. AND FROM WHICH A 2-INCH IRON PIPE FOND BEARS NORTH 56 EAST, A DISTANCE OF 0.50 FEET; THENCE NORTH 45 18'27" EAST ALONG THE NORTHWEST LINE OF SAID ALLEY, AT A DISTANCE OF FEET PASSING A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5430" FOUND FOR THE EAST CORNER OF LOT 13, BLOCK 326 OF SAID BOLL'S SUBDIVISION AND BEING THE EAST CORNER OF SAID ACRE TRACT OF LAND AND THE SOUTH CORNER OF LOT 12, BLOCK 326 OF SAID BOLL'S SUBDIVISION AND AS DESCRIBED IN THE WARRANTY DEED TO JOHN MARTIN DAVIS, JR. AND STEPHEN EARL DAVIS RECORDED IN VOLUME , PAGE 4816, D.R.D.C.T., CONTINUING IN ALL FOR A DISTANCE OF FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + SUBDIVISION AND BEING IN THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF TEXAS STREET, (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY); NO:

61 ALLEY ABANDONMENT BOLL'S SUBDIVISION BLOCK 326 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE SOUTH 44 46'29" EAST ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" SET FOR THE NORTH CORNER OF LOT 7, BLOCK 326 OF SAID BOLL'S SUBDIVISION; THENCE SOUTH 45 18'27" WEST ALONG THE SOUTHEASTERLY LINE OF SAID ALLEY, AT A DISTANCE OF FEET PASSING A 1/2-INCH IRON ROD FOUND FOR THE WEST CORNER OF LOT 5, BLOCK 326 OF SAID BOLL'S SUBDIVISION AND AS DESCRIBED IN SAID WARRANTY DEED TO JOHN MARTIN DAVIS, JR. AND STEPHEN EARL DAVIS RECORDED IN VOLUME , PAGE 4816, D.R.D.C.T. SAME BEING THE NORTH CORNER OF LOT 14, BLOCK 326 OF SAID BOLL'S SUBDIVISION AND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO TGF EQUITIES, LLC RECORDED IN COUNTY CLERK'S FILE NUMBER , O.P.R.D.C.T., AT A DISTANCE OF FEET PASSING A 1/2-INCH IRON ROD FOUND FOR THE WEST CORNER OF LOT 3, BLOCK 326 OF SAID BOLL'S SUBDIVISION AND NORTH CORNER OF LOT 2, BLOCK 326 OF SAID BOLL'S SUBDIVISION AND THE NORTH CORNER OF THE AFOREMENTIONED ACRE TRACT OF LAND DESIGNATED AS "TRACT 2" IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, TO 2705 SWISS AVE., RECORDED IN COUNTY CLERK'S FILE NUMBER , O.P.R.D.C.l., CONTINUING IN ALL FOR A DISTANCE OF FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 6,894 SQUARE FEET OR ACRES OF LAND. NOTES: A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION. BEARINGS CALLED FOR HEREIN ARE BASED ON THE NORTHEASTERLY RIGHT-OF-WA Y LINE OF TEXAS STREET BEING THE NORTH 44 42'00" WEST, SAME AS RECORDED IN VOLUME 85206, PAGE 1516 AND VOLUME 99162, PAGE 34, DEED RECORDS DALLAS COUNTY, TEXAS.

62 NORTH ALLEY ABANDONMENTt= BOLL'S SUBDIVISION ',,, BLOCK 326 CITY OF DALLAS, DALLAS COUNTY, TEXAS I IMAG NAIL FNO (em) i W/WASHER STAMPE "?,"CITY or OALLAS' ICENTERLINE 4804'! I "=60' 5/8" CIRF "RPLS 5430" (CM) FLORENCE STREET (A CALLED 50-FOOT PUBLIC RIGHT-OF-WAY) MAG NAIL FNO (CM) W/WASHER STAMPED "CITY or DALLAS" REFERENCE /2" IPF (CM) U1 C) z 0:: < w (D u, o 48.3' w ~A ;:,' ---'Ir-- '" JOHN G AB'2ff LOT I LOT 2 CALLED AC SWISS AVE., TEXAS LIMITED LIABILITY CORPORATION "TRACT 2" CCFN , OPRDCT 8038' LOT 3VI ~~!~ 277. LOT 5 O~~9~ :'CF~~S BLOCK 326 AllEY BOLL'S SUBDJVISION ABANDONMENT TGF EOUITIES, LlC, A TEXAS LIMITED LIABILITY COMPANY CCFN , OPRDCT LOT 6 JOHN MARTIN DAVIS, JR. (5/6th INTEREST) STEPHEN EARL DAVIS (1/6th INTEREST) VOL , PG. 4816, 4978' DRDCT 49.89' (FOR SPRG USE ONLY) REVIEWED BY:...-Jit::..J<.c..L... _ SWISS AVEN (A CALLED 50-FOOT PUB UE lie RIGHT-Of_WAY) LEGEND ORDCT OPRDCT CIRF DEED RECORDS DALLAS COUNTY, TEXAS OFFICIAL PUBLIC RECORDS DALLAS COUNTY, TEXAS 5/8 INCH IRON ROO WITH YELLOW PLASTIC CAP FOUND LOT I, BLOCK A/495 REPLAT BLOCK 495 VOL , PG SPRG NO NOTES: A FIELD NOTE DESCRIPTION WAS PREPARED IRf IpF VOl PG CCFN AC, FT. IRON ROD FOUND IRON PIPE FOUND VOLUME PAGE COUNTY CLERK'S FILE NUMBER ACRE SOUARE FEET

63 EXHIBIT B ADDITIONAL ABANDONMENT PROVISIONS That as a condition hereof, this abandonment is subject to any utilities or communication facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, ("Facilities") presently located within the abandoned area described in Exhibit "A", owned and/or operated by the City of Dallas or any utility or communications company, public or private, ("Utility") and to the rights of any Utility for the use of the abandoned area for its Facilities. It is the intent of the foregoing to confirm and maintain and there is hereby reserved and excepted unto the City of Dallas, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through, in, and across the abandoned area for each Utility for its respective Facilities located therein at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within the abandoned area without written consent of each affected Utility. Each Utility shall have the full right to remove and keep removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area. The relocation, removal or adjustment of any or all such Facilities, if made necessary by GRANTEE'S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE'S successors and assigns. Should GRANTEE'S relocation or removal of the Facilities require the obtaining of new easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE'S successors and If of Facilities relocations are allowed to remain on any part of the "Irlin"", restrictions herein shall remain thereon. of Facilities, any easements reserved or created herein relating to such ABAN.EXB (revised 11/9/00)

64

65 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 6 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): DEPARTMENT: All Trinity Watershed Management CMO: Jill A. Jordan, P.E., MAPSCO: SUBJECT Citywide Authorize Supplemental Agreement No. 1 to the professional services contract with URS Corporation for additional design services on the 35% design plans for Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pump Station and Nobles Branch Culverts, to meet federal requirements of the Water Resources Development Act of Not to exceed $250,000, from $3,600,000 to $3,850,000 - Financing: 2006 Bond Funds BACKGROUND In November 2007, $459 million was authorized for the Dallas Floodway Project in the Water Resources Development Act (WRDA) of The authorization of the Dallas Floodway Project in the WRDA allows the City of Dallas to seek annual appropriations from the Federal Government to support floodway projects in the Trinity River Corridor Project. The $459 million authorization consists of an estimated federal cost of $298 million and an estimated non-federal cost of $161 million. As a portion of the $161 million non-federal cost, the levee drainage system projects (Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pumps Station and Nobles Branch Culverts) were included in WRDA. This federal funding is contingent upon US Corps of Engineers (USACE) review and acceptance of 35% design plans for each of the levee drainage system projects. On November 10, 2008, Council Resolution No authorized a professional services contract with URS Corporation for preparation of 35% design plans for the levee drainage system projects, as noted above, to meet the federal requirements of the WRDA of As design progressed, the following additional design services were needed to be performed: 1) additional geotechnical efforts within the 35% design phase to comply with the USACE s requirements; 2) location change to the proposed Charlie Pump Station due to the designer s most recent design analyses; and 3) additional coordination and review efforts as a result of the USACE s comments on the preliminary design plans.

66 BACKGROUND (Continued) This action will authorize additional design services to the current 35% design contract with URS Corporation for levee drainage system projects. ESTIMATED SCHEDULE OF PROJECTS Begin Design November 2008 Complete Design February 2011 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed the Trinity River Corridor Project Committee on Interior Drainage System Pump Station Update on January 18, Authorized a professional services contract with URS Corporation for 35% design plans and specifications for Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pump Station with connecting culverts, and Nobles Branch Culverts on November 10, 2008, by Resolution No FISCAL INFORMATION 2006 Bond Funds - $250,000 Design $ 3,600,000 Supplemental Agreement #1 (This action) $ 250,000 Design Total $ 3,850,000 Construction $132,000,000 (est.) Project Total $135,850,000 (est.) M/WBE INFORMATION See attached. Agenda Date 02/23/ page 2

67 ETHNIC COMPOSITION URS Corporation Hispanic Female 18 Hispanic Male 21 African-American Female 7 African-American Male 11 Other Female 12 Other Male 21 White Female 78 White Male 77 OWNER(S) URS Corporation Emily Taylor, P.E., Vice President MAP Attached. Agenda Date 02/23/ page 3

68 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 1 to the professional services contract with URS Corporation for additional design services on the 35% design plans for Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pump Station and Nobles Branch Culverts, to meet federal requirements of the Water Resources Development Act of Not to exceed $250,000, from $3,600,000 to $3,850,000 - Financing: 2006 Bond Funds URS Corporation is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation. PROJECT CATEGORY: Professional Services LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $250, % Non-local contracts $ % TOTAL THIS ACTION $250, % 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 $ % $ % Hispanic American $ % $837, % Asian American $ % $ % Native American $ % $ % WBE $ % $ % Total $ % $837, %

69 LEVEE DRAINAGE SYSTEM - SUMP A IMPS AND CHARLIE, DELTA, HAMPTON, TRINITY-PORTLAND, AND NOBLES BRANCH CULVERTS 35% DESIGN

70

71 COUNCIL CHAMBER February 23, 2011 WHEREAS, on November 10, 2008, Resolution No authorized a professional services contract with URS Corporation for preparation of 35% design plans and specifications for Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pump Station, and Nobles Branch Culverts, to meet federal requirements of the Water Resources Development Act of 2007; and, WHEREAS, it is now necessary to authorize Supplemental Agreement No. 1 to contract URS Corporation for additional design services on the 35% design plans for Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pump Station and Nobles Branch Culverts, to meet federal requirements of the Water Resources Development Act of 2007 in an amount not to exceed $250,000 from $3,600,000 to $3,850,000. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to execute Supplemental Agreement No. 1 to the professional services contract with URS Corporation for additional design services on the 35% design plans for Charlie Pump Station, Delta Pump Station, Hampton Pump Station, Trinity-Portland Pump Station and Nobles Branch Culverts, to meet federal requirements of the Water Resources Development Act of 2007 in an amount not to exceed $250,000 from $3,600,000 to $3,850,000 after it has been approved as to form by the City Attorney. Section 2. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Flood Protection and Storm Drainage Facilities Fund Fund 7T23, Department PBW, Unit P508, Act. FLDM Obj. 4111, Program #PB06P508, CT PBW06P508B1 Vendor #VS , in an amount not to exceed $250,000 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. Distribution List: Trinity Watershed Management, Natalie Wilson, 6BS Public Works and Transportation, Rosemary Prichard, OCMC, Room 101 Controller's Office, Sherrian Parham, 4BN

72

73 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 7 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 2, 6 DEPARTMENT: Trinity Watershed Management CMO: Jill A. Jordan, P.E., MAPSCO: SUBJECT 44 L Authorize Supplemental Agreement No. 3 to the professional services contract with Carter & Burgess, Inc., a wholly owned subsidiary of the Jacobs Engineering Group, Inc., for additional design services on the Pavaho Pumping Station and Baker Pump Station to address Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) requirements - Not to exceed $2,145,000, from $11,878,440 to $14,023,440 - Financing: 2006 Bond Funds BACKGROUND The 2006 Bond Program included the design and construction of the Levee Drainage System - Pavaho Pump Sump (Pavaho Pump Station) and the Levee Drainage System Hampton/Oaklawn Sump (Baker Pump Station). On June 13, 2007, Council authorized a professional services contract with Carter Burgess, Inc., a wholly-owned subsidiary of the Jacobs Engineer Group, Inc., to design Pavaho Pump Station, and Baker Pump Station. On October 28, 2009, Council authorized Supplemental Agreement No. 1 for additional tasks to develop Technical Memorandums the USACE requested to meet the requirements of the Water Resources Development Act (WRDA) of On June 23, 2010, Council authorized Supplemental Agreement No. 2 to provide construction management services and design support during construction of the Pavaho and Baker Pump Station projects. The construction of the Pavaho pump station began in August It is anticipated construction of the Baker pump station will begin in July 2011.

74 BACKGROUND (Continued) This action will authorize funding for the design modification related to providing redundancy to the pumps as required by FEMA. In the case of Pavaho pump station, the existing Pavaho Pump Station will be connected to the proposed Pavaho Pump Station. In the case of Baker pump station, an extra cartridge for the pump station will be provided in the design. In addition, this action will authorize additional design and geotechnical analysis to perform the fully softened shear strength analysis at the Baker pump station as required by the USACE. ESTIMATED SCHEDULE OF PROJECT Pavaho Pump Station Began Construction August 2010 Complete Construction August 2012 Baker Pump Station Begin Construction July 2011 Complete Construction July 2013 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed to the Trinity River Corridor Project Committee on Interior Drainage System Pump Station Updates on January 18, Authorized Supplemental Agreement No. 2 to the professional services contract with Carter & Burgess, Inc., a wholly owned subsidiary of the Jacobs Engineering Group, Inc., for the construction management services and the design support during construction of the Pavaho and Baker Pump Stations on June 23, 2010 by Resolution No Authorized Supplemental Agreement No. 1 to the professional services contract with Carter & Burgess, Inc., for additional design services on the Baker Pump Station, and the Pavaho Pump Station on October 28, 2009, by Resolution No Authorized professional services contracts with four consulting firms to provide engineering design of major flood management and storm drainage projects included in the 2006 Bond Program on June 13, 2007, by Resolution No FISCAL INFORMATION 2006 Bond Funds - $2,145,000 Agenda Date 02/23/ page 2

75 FISCAL INFORMATION (Continued) Original Design Contract $ 7,621,000 Supplemental Agreement No. 1 $ 530,440 Supplemental Agreement No. 2 Construction Management and Design Support During Construction $ 3,727,000 Supplemental Agreement No. 3 (This action) $ 2,145,000 Total Project Cost $14,023,440 Council District Amount 2 $ 842,000 6 $1,303,000 Total $2,145,000 M/WBE INFORMATION See attached. ETHNIC COMPOSITION Carter & Burgess, Inc., a wholly owned subsidiary of the Jacobs Engineering Group, Inc. Hispanic Female 8 Hispanic Male 29 African-American Female 11 African-American Male 16 Other Female 9 Other Male 22 White Female 53 White Male 187 OWNER Carter & Burgess, Inc., a wholly owned subsidiary of the Jacobs Engineering Group, Inc. Brian K. Adams, P.E., Managing Principal MAP Attached. Agenda Date 02/23/ page 3

76 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 3 to the professional services contract with Carter & Burgess, Inc., a wholly owned subsidiary of the Jacobs Engineering Group, Inc., for additional design services on the Pavaho Pumping Station and Baker Pump Station to address Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) requirements - Not to exceed $2,145,000, from $11,878,440 to $14,023,440 - Financing: 2006 Bond Funds Carter & Burgess is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Professional Services LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $2,145, % Non-local contracts $ % TOTAL THIS ACTION $2,145, % LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION Local Contractors / Sub-Contractors Local Certification Amount Percent APM & Associates, Inc. Campos Engineering, Inc. CP & Y Word Wizzards Dal-Tech Engineering, Inc. BMMB44676Y0311 HMDB47373Y1111 PMMB47123Y1111 WFDB44521Y0311 WFWB47042Y1011 $355, $17, $125, $34, $25, % 0.80% 5.83% 1.59% 1.18% Total Minority - Local $556, % Non-Local Contractors / Sub-Contractors None TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $355, % $355, % Hispanic American $17, % $486, % Asian American $125, % $1,247, % Native American $ % $ % WBE $59, % $1,395, % Total $556, % $3,484, %

77 ;~..;'.''-.'.' '.' '.... (Pavaho Pump Station] (Mapsco - 44L]

78

79 COUNCIL CHAMBER February 23, 2011 WHEREAS, on June 13, 2007, Resolution No authorized professional services contracts with four engineering firms to provide program management and engineering design of major flood management and storm drainage projects included in the 2006 Bond Program; and, WHEREAS, on October 28, 2009, Resolution No authorized Supplemental Agreement No. 1 to the professional services contract with Carter & Burgess, Inc., for additional design services on the Levee Drainage System-Hampton/Oak Lawn, also referred to as the Baker Pump Station, and the Levee Drainage System-Pavaho Pump Station; and, WHEREAS, on June 23, 2010, Resolution No authorized Supplemental Agreement No. 2 to the professional services contract with Carter & Burgess, Inc., for construction management services and for design support during construction, WHEREAS, it is now necessary to authorize Supplemental Agreement No. 3 to the professional services contract with Carter & Burgess, a wholly owned subsidiary of the Jacobs Engineering Group, Inc. for additional design services on the Pavaho Pump Station and Baker Pump Station to address Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) requirements. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to execute Supplemental Agreement No. 3 to the professional services contract with Carter & Burgess, Inc., a wholly owned subsidiary of the Jacobs Engineering Group, Inc., for additional design services on the Pavaho Pump Station and Baker Pump Station to address Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) requirements in an amount not to exceed $2,145,000, from $11,878,440 to $14,023,440, after it has been approved as to form by the City Attorney. Section 2. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the agreement from: Flood Protection and Storm Drainage Facilities Fund Fund 7T23, Department PBW, Unit T510, Act. FLDM Obj. 4111, Program # PB06T510, CT PBW06T509I2-02 Vendor #101370, in an amount not to exceed $1,303,000 Flood Protection and Storm Drainage Facilities Fund Fund 7T23, Department PBW, Unit T509, Act. FLDM Obj. 4111, Program # PB06T509, CT PBW06T509I2-01 Vendor #101370, in an amount not to exceed $ 842,000 $2,145,000

80 COUNCIL CHAMBER February 23, 2011 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: Trinity Watershed Management, Natalie Wilson, 6BS Public Works, Rosemary Prichard, OCMC, Room 101 Controller s Office, Sherrian Parham, 4BN

81 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 8 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 2 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 45U Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for 1400 Belleview located at 1401 Browder Street for the acquisition and new construction of the proposed 164-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 20, 2011, Linda Brown, the Applicant's Consultant, submitted an application to the City of Dallas on behalf of Matthews CCH Partners, LP, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program.

82 BACKGROUND (continued) The Applicant has committed to renting 18 units or 11% of the units to tenants with household incomes capped at 30% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 30% or below the AMFI and 58 units or 35% of the units to tenants with household incomes capped at 50% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 50% or below the AMFI and 88 units or 54% of the units to tenants with household incomes capped at 60% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI. As a requirement for City of Dallas funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for 1400 Belleview for the LIHTC program. The applicant also submitted a request for funding of $1.8M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No Agenda Date 02/23/ page 2

83 PRIOR ACTION/REVIEW (Council, Boards, Commissions) (continued) On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the 1400 Belleview Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. OWNER(S) Matthews CCH Partners, LP Matthews Southwest Jack Matthews, President MAP DEVELOPER Matthews CCH Partner, LP Matthews Southwest Jack Matthews, President Kristian Teleki, Sr. Vice President Dev. Scott Galbraith Consulting Scott Galbraith, President/CEO Attached Agenda Date 02/23/ page 3

84 [MAPSCO 45U)

85 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Applicant's Consultant, Linda Brown, submitted an application to the City of Dallas on behalf of Matthews CCH Partners, LP, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the 1400 Belleview Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the applicant also submitted a request for funding of $1.8M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 164 units or 100% of the units to tenants with household incomes 60% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for 1400 Belleview, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the 1400 Belleview project located at 1401 Browder Street; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for 1400 Belleview project located at 1401 Browder Street for the acquisition and new construction of the proposed 164-unit multifamily residential development for low income family housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

86 COUNCIL CHAMBER February 23, 2011 SECTION 2. That the City has received 1400 Belleview request for funding of $1.8M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011 contingent upon available funding and the success of the applicant to secure other project approvals. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for 1400 Belleview will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost, to the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/Community Services Department gives prior approval of the social service plan. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project.

87 COUNCIL CHAMBER February 23, 2011 SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

88

89 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 9 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 13 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 26T Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Brook Village Apartments located at 6852 Shady Brook Lane for the acquisition and rehabilitation of the proposed 213-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Denial BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 19, 2011, the Applicant, Deepak Sulakhe, submitted an application to the City of Dallas on behalf of Dallas Brook Village Apartments, L.P., for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program. The Applicant has committed to 22 units or 10% of the units to tenants with household incomes capped at 30% or below the AMFI with rents affordable to tenants whose household incomes are 30% or below the AMFI and 75 units or 35% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI and 116 units or 55% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI.

90 BACKGROUND (continued) As a requirement for City of Dallas funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is not located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is not recommending that City Council grant endorsement of the application to TDHCA for Brook Village Apartments for the LIHTC program. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Brook Village Apartments Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. Agenda Date 02/23/ page 2

91 OWNER(S) DEVELOPER Dallas Brook Village Apartments, LP Dallas Brook Village Development, LLC OM Housing, LLC Deepak P. Sulakhe, Managing Member OM Housing, LLC Deepak P. Sulakhe, Managing Member Spectrum Housing Corporation John D. Mathews, Executive Director MAP Attached Agenda Date 02/23/ page 3

92 [MAPSCO 26T]

93 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Applicant, Deepak P. Sulakhe, submitted an application to the City of Dallas on behalf of Dallas Brook Village Apartments, L.P., for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the Brook Village Apartments Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 213 units or 100% of the units to tenants with household incomes 60% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for Brook Village Apartments, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the Brook Village Apartments project located at 6852 Shady Brook Lane; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Brook Village Apartments project located at 6852 Shady Brook Lane for the acquisition and rehabilitation of the 213-unit multifamily residential development for low income family housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

94 COUNCIL CHAMBER February 23, 2011 SECTION 2. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for Brook Village Apartments will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/community services department gives prior approval of the social service plan.. SECTION 3. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 4. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 5. That the City of Dallas authorizes the applicant to act on behalf of the City in applying for HOME funds from TDHCA to specifically accommodate disabled persons for the particular application. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

95 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 10 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 2 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 34U Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Champion Homes at Copperridge located at 5522 Maple Avenue for the acquisition and new construction of the proposed 200-unit multifamily residential development for mix income families - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 21, 2011, Saleem Jafar, the Applicant, submitted an application to the City of Dallas on behalf of Chicory Court IX, LP, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program. The Applicant has committed to renting 98 units or 49% of the units to tenants with household incomes capped at 60% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI and 102 units or 51% of the units as Market Rate Units.

96 BACKGROUND (continued) As a requirement for City funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is not located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for Champion Homes at Copperridge for the LIHTC program. The applicant also submitted a request for funding of $4.5M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Champion Homes at Copperridge Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. Agenda Date 02/23/ page 2

97 FISCAL INFORMATION No cost consideration to the City. OWNER(S) Chicory Court IX, LP Saleem Jafar, President DEVELOPER Odyssey Residential Holdings, LP Bill Fisher, Vice President Odyssey Residential Holdings, LP Bill Fisher, Vice President Chicory GPI, Inc. Saleem Jafar, President MAP Attached Agenda Date 02/23/ page 3

98 (MAPSCO 34U]

99 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Applicant, Saleem Jafar, submitted an application to the City of Dallas on behalf of Chicory Court IX, LP, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the Champion Homes at Copperridge Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the applicant also submitted a request for funding of $4.5M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 98 units or 49% of the units to tenants with household incomes 60% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for Champion Homes at Copperridge, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the Champion Homes at Copperridge project located at 5522 Maple Avenue; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Champion Homes at Copperridge project located at 5522 Maple Avenue for the acquisition and new construction of the proposed 200-unit multifamily residential development for low income family housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

100 COUNCIL CHAMBER February 23, 2011 SECTION 2. That the City has received Champion Homes at Copperridge s request for funding of $4.5M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011 contingent upon available funding and the success of the applicant to secure other project approvals. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for Champion Homes at Copperridge will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project:: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost, to the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/Community Services Department gives prior approval of the social service plan. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

101 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 11 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 2 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 34V Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Deaf Action Center located at 3115 Crestview Drive for the reconstruction of the proposed 36-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 21, 2011, the Developer, Terri Anderson, submitted an application to the City of Dallas on behalf of Deaf Action Center Texas - Region 3, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program. The Applicant has committed to 4 units or 10% of the units to tenants with household incomes capped at 30% or below the AMFI with rents affordable to tenants whose household incomes are 30% or below the AMFI and 11 units or 30% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI and 21 units or 60% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI.

102 BACKGROUND (continued) As a requirement for City of Dallas funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is not located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for Deaf Action Center for the LIHTC program. The applicant also submitted a request for funding of $185,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Deaf Action Center Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. Agenda Date 02/23/ page 2

103 OWNER(S) Deaf Action Center Texas - Region 3 DEVELOPER Anderson Capital, LLC Deaf Action Center, Inc. M. Robert Blakeney, Chair Dominic Lacy, Vice-Chair Thomas Means, Treasurer Alice Long, Secretary Angela Johnson Fisher, Executive Director MAP Attached Agenda Date 02/23/ page 3

104 [MAPSCO 34V]

105 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Developer, Terri Anderson, submitted an application to the City of Dallas on behalf of the Deaf Action Center Texas - Region 3, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the Deaf Action Center Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the applicant also submitted a request for funding of $185,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 36 units or 100% of the units to tenants with household incomes 60% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for the Deaf Action Center, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the Deaf Action Center project located at 3115 Crestview Drive; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Deaf Action Center project located at 3115 Crestview Drive for the acquisition and reconstruction of the 36-unit multifamily residential development for low income family housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

106 COUNCIL CHAMBER February 23, 2011 SECTION 2. That the City has received the Deaf Action Center request for funding of $185,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011 contingent upon available funding and the success of the applicant to secure other project approvals. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for the Deaf Action Center will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/community services department gives prior approval of the social service plan.. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

107 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 12 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 14 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 45L Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for E2 Flats located at 211 North Ervay Street for acquisition and rehabilitation of the proposed 119-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 21, 2011, the Applicant, Bill Newsome, submitted an application to the City of Dallas on behalf of BJTexas (Ervay), LLC, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program. The Applicant has committed to 119 units or 100% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI.

108 BACKGROUND (continued) As a requirement for City of Dallas funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for E2 Flats for the LIHTC program. The applicant also submitted a request for funding of $6M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the E2 Flats Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. Agenda Date 02/23/ page 2

109 OWNER(S) DEVELOPER BJTexas (Ervay), LLC Southwind Capital, LLC Bill Newsome Dr. Bob Rubenstein MAP Attached Agenda Date 02/23/ page 3

110 (MAPSCO 45L]

111 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Applicant, Bill Newsome, submitted an application to the City of Dallas on behalf of BJTexas (Ervay), LLC, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the E2 Flats Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the applicant also submitted a request for funding of $6M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to 119 units or 100% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for E2 Flats, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the E2 Flats project located at 211 N. Ervay Street; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for E2 Flats project located at 211 N. Ervay Street for the acquisition and rehabilitation of the 187-unit multifamily residential development for low income family housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning. SECTION 2. That the City has received E2 Flats request for funding of $6M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011 contingent upon available funding and the success of the applicant to secure other project approvals.

112 COUNCIL CHAMBER February 23, 2011 SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for E2 Flats will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/community services department gives prior approval of the social service plan. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

113 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 13 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 2 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 46F Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Green Haus on the Santa Fe Trail located at 4611 East Side Avenue for the acquisition and new construction of the proposed 24-unit multifamily residential development for low income housing - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 21, 2011, Maria Machado, Shared Housing Center, Inc., Executive Director, submitted an application to the City of Dallas on behalf of SH Community LLP, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program.

114 BACKGROUND (continued) The Applicant has committed to renting 18 units or 75% of the units to tenants with household incomes capped at 50% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 50% or below the AMFI and 4 units or 17% of the units to tenants with household incomes capped at 40% or below the AMFI with rents affordable to tenants whose household incomes are 40% or below the AMFI and 2 units or 8% of the units to tenants with household incomes capped at 30% or below the AMFI with rents affordable to tenants whose household incomes are 30% or below the AMFI. As a requirement for City funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing Department is recommending that City Council grant endorsement of the application to TDHCA for Green Haus on the Santa Fe Trail for the LIHTC program. The applicant was approved for $380,000 by Council Resolution No on November 9, 2009 in support of this project. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No Agenda Date 02/23/ page 2

115 PRIOR ACTION/REVIEW (Council, Boards, Commissions) (continued) On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Green Haus on the Santa Fe Trail Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. OWNER(S) SH Community, LLP Shared Housing Center, Inc. Maria Machado, Executive Director MAP Attached Agenda Date 02/23/ page 3

116 [MAPSCO 46F)

117 COUNCIL CHAMBER February 23, 2011 WHEREAS, on November 9, 2009, the applicant was approved for $380,000 by Council Resolution No on November 9, 2009 in support of this project; and WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Applicant, Maria Machado, Shared Housing Center, Inc., Executive Director, submitted an application to the City of Dallas on behalf of SH Community, LLP for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the Green Haus on the Santa Fe Trail Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, The Applicant has committed to renting 24 units or 100% of the units to tenants with household incomes capped at 50% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 50% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for Green Haus on the Santa Fe Trail, the owner of the project will provide social services with the project, approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for Green Haus on the Santa Fe Trail housing project at 4611 East Side Avenue; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Green Haus on the Santa Fe Trail located at 4611 East Side Avenue for the acquisition and new construction of the proposed 24-unit multifamily residential development for low income housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

118 COUNCIL CHAMBER February 23, 2011 SECTION 2. That the City approved $380,000 on November 9, 2009, by Resolution No in support of this project. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for Green Haus on the Santa Fe Trail will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing Department gives prior approval of the social service plan. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Development Services Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

119 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 14 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 7 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 43S Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Hatcher Square located at 4600 Scyene Road for the acquisition and new construction of the proposed 136-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 20, 2011, Jeff Fulenchek, Carleton Residential Properties, the Developer, submitted an application to the City of Dallas on behalf of Frazier HS, L.P., for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program. The Applicant has committed to 14 units or 10% of the units to tenants with household incomes capped at 30% or below the AMFI with rents affordable to tenants whose household incomes are 30% or below the AMFI and 48 units or 35% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI and 74 units or 55% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI.

120 BACKGROUND (continued) As a requirement for City of Dallas funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project.. This project is not located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for Hatcher Square for the LIHTC program. The applicant was approved for $1.25M on February 14, 2007 and December 8, 2010 in support of this project. Also, the applicant has submitted a request for funding of $475,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Hatcher Square Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. Agenda Date 02/23/ page 2

121 OWNER(S) Frazier HS, LP DEVELOPER Carleton Residential, LTD Prentice L. Gary, Co-Developer FRI HS GP, LLC Frazier Revitalization, Inc. Richard Knight, Board Chairman Paul W. Harris Patricia S. Williams Ann Lott Jon Edmonds Frazier Revitalization, Inc. Richard Knight, Board Chairman J. McDonald Williams Steve Modory Lucy Cain Wanda Campbell Beverly DeBase Paul W. Harris Patricia S. Williams Ann Lott Antong Lucky Steve Modory MAP Attached Richard Knight, Board Chairman J. McDonald Williams Lucy Cain Wanda Campbell Beverly DeBase Paul W. Harris Patricia S. Williams Ann Lott Antong Lucky Agenda Date 02/23/ page 3

122

123 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Developer, Jeff Fulenchek, Carleton Residential Properties, submitted an application to the City of Dallas on behalf of Frazier HS LP, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the Hatcher Square Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the applicant was approved for $1.25M on February 14, 2007 and December 8, 2010 in support of this project. The applicant also has submitted a request for funding of $475,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 136 units or 100% of the units to tenants with household incomes 60% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for Hatcher Square, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the Hatcher Square project located at 4600 Scyene Road; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Hatcher Square project located at 4600 Scyene Road for the acquisition and new construction of the proposed 136-unit multifamily residential development for low income family housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

124 COUNCIL CHAMBER February 23, 2011 SECTION 2. The applicant was approved for $1.25M on February 14, 2007 and December 8, 2010 in support of this project. The applicant also has submitted a request for funding of $475,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for Hatcher Square will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/community services department gives prior approval of the social service plan.. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

125 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 15 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 8 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 69A-P Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Kleberg Commons located at Kleberg Road for the acquisition and new construction of the proposed 200-unit multifamily residential development for low income senior housing - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 18, 2011, Victoria Spicer, Consultant to Dale Lancaster, President, Arrington Developers, LLC, Developer, submitted an application to the City of Dallas on behalf of Kleberg Leased Housing, LP, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program.

126 BACKGROUND (continued) The Applicant has committed to renting 30 units or 15% of the units to tenants with household incomes capped at 30% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 30% or below the AMFI and 70 units or 35% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI and 100 units or 50% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI. As a requirement for City funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is not located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for Kleberg Commons for the LIHTC program. The applicant has submitted a request for funding of $1.5M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. Agenda Date 02/23/ page 2

127 PRIOR ACTION/REVIEW (Council, Boards, Commissions) (continued) On February 22, 2011, the Kleberg Commons Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. OWNER(S) Kleberg Leased Housing, L.P. Kleberg Management, LLC Dale Lancaster, President DEVELOPER Arrington Developers, LLC Dale Lancaster, President & Owner MAP Attached Agenda Date 02/23/ page 3

128 v 9 -U 9 -y

129 COUNCIL CHAMBER February 23, 2011 WHEREAS, Victoria Spicer, Consultant to Dale Lancaster, President, Arrington Developers, LLC, Developer, ( the Applicant ) submitted an application to the City of Dallas on behalf of Kleberg Leased Housing, LP, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, on February 7, 2011 and February 22, 2011, the Kleberg Commons Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the City has received Kleberg Commons request for funding of $1.5M from the City of Dallas which will be reviewed and separately considered by the City Council after August 1, 2011 contingent upon available funding and the success of the applicant to secure other project approvals. WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 200 units or 100% of the units to seniors with household incomes 60% or below the area median family income (AMFI) with rents affordable to seniors whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for Kleberg Commons, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for Kleberg Commons project at Kleberg Road; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Kleberg Commons located at Kleberg for the acquisition and new construction of the proposed 200-unit multifamily residential development for low income senior housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

130 COUNCIL CHAMBER February 23, 2011 SECTION 2. That the City has received Kleberg Commons request for funding of $1.5M from the City of Dallas which will be reviewed and separately considered by the City Council after August 1, 2011 contingent upon available funding and the success of the applicant to secure other project approvals. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for Kleberg Commons will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing Department gives prior approval of the social service plan. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

131 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 16 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 4 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 56S Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Peoples El Shaddai located at 2836 East Overton Road for the acquisition and rehabilitation of the proposed 100-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Denial BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 21, 2011, the Applicant, Owen Metz, submitted an application to the City of Dallas on behalf of Dallas Leased Housing Associates II, Limited Partnership, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program. The Applicant has committed to 100 units or 100% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI.

132 BACKGROUND (continued) As a requirement for City of Dallas funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. The Housing/Community Services Department is not recommending that City Council grant funding and endorsement of the application to TDHCA for Peoples El Shaddai for the LIHTC program. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Peoples El Shaddai Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. Agenda Date 02/23/ page 2

133 OWNER(S) DEVELOPER Dallas Leased Housing Associates II, Limited Partnership Dallas Leased Housing Development LLC Dallas Leased Housing Associates GP II, LLC David L. Brierton, Chief Manager & President Jeffery R. Huggett, Vice President Investor Limited Partner (to be determined) Dallas Leased Housing Associates SLP II, LLC David L. Brierton, Chief Manager & President Jeffery R. Huggett, Vice President MAP Attached Agenda Date 02/23/ page 3

134 DA 1991 ndt~ [MAP5CO 565)

135 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Applicant, Owen Metz, submitted an application to the City of Dallas on behalf of Dallas Leased Housing Associates II, Limited Partnership, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the Peoples El Shaddai Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to 100 units or 100% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for Peoples El Shaddai, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the Peoples El Shaddai project located at 2836 East Overton Road; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Peoples El Shaddai project located at 2836 East Overton Road for the acquisition and rehabilitation of the 100-unit multifamily residential development for low income family housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

136 COUNCIL CHAMBER February 23, 2011 SECTION 2. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for Peoples El Shaddai will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/community services department gives prior approval of the social service plan.. SECTION 3. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 4. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

137 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 17 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 7 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 47Q Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Sphinx at Lawnview located at 4120 Lawnview Avenue for the acquisition and new construction of the proposed 120-unit multifamily residential development for low income senior housing - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 21, 2011, Jay Oji, Sphinx Development Corporation, the Developer, submitted an application to the City of Dallas on behalf of SDC Lawnview Villas, LP for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program.

138 BACKGROUND (continued) The Applicant has committed to renting 6 units or 5% of the units to Seniors with household incomes capped at 30% or below the area median family income (AMFI) with rents affordable to Seniors whose household incomes are 30% or below the AMFI and 54 units or 45% of the units to Seniors with household incomes capped at 50% or below the AMFI with rents affordable to Seniors whose household incomes are 50% or below the AMFI and 60 units or 50% of the units to Seniors with household incomes capped at 60% or below the AMFI with rents affordable to Seniors whose household incomes are 60% or below the AMFI. As a requirement for City funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is not located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing\Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for Sphinx at Lawnview for the LIHTC program. The applicant has submitted a request for funding of $1.2M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. Agenda Date 02/23/ page 2

139 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Sphinx at Lawnview Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. OWNER(S) SDC Lawnview Villas, LP SDC Lawnview, LLC Jay Oji, Managing General Partner DEVELOPER SDC Lawnview Villas, LP SDC Lawnview, LLC Jay Oji, Managing General Partner MAP Attached Agenda Date 02/23/ page 3

140 7

141 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Applicant, Jay Oji, Sphinx Development Corporation, Developer, (the "Applicant"), submitted an application for a pre-application waiver for 9% tax credits on behalf of SDC Lawnview Villas, LP for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the Sphinx at Lawnview Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the applicant also submitted a request for funding of $1.2M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 120 units or 100% of the units to Seniors with household incomes 60% or below the area median family income (AMFI) with rents affordable to Seniors whose household income are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for Sphinx at Lawnview, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for Sphinx at Lawnview project at 4120 Lawnview Avenue; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Sphinx at Lawnview located at 4120 Lawnview Avenue for the acquisition and new construction of the proposed 120-unit multifamily residential development for low income senior housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

142 COUNCIL CHAMBER February 23, 2011 SECTION 2. The applicant also submitted a request for funding of $1.2M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for Sphinx at Lawnview will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing Department gives prior approval of the social service plan. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

143 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 18 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 2 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 45Q Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for St. Paul Apartments located at 1801 Young Street for the acquisition and new construction of the proposed 146-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 20, 2011, Lawrence Hamilton III, Hamilton Properties Corporation, the Developer, submitted an application to the City of Dallas on behalf of St. Paul LIHTC, LLC, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program.

144 BACKGROUND (continued) The Applicant has committed to 16 units or 10% of the units to tenants with household incomes capped at 30% or below the AMFI with rents affordable to tenants whose household incomes are 30% or below the AMFI and 44 units or 30% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI and 86 units or 60% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI. As a requirement for City funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project.. This project is located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for St. Paul Apartments for the LIHTC program. The applicant has submitted a request for funding of $2.3M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. Agenda Date 02/23/ page 2

145 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the St. Paul Apartments Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. OWNER(S) DEVELOPER St. Paul LIHTC LLC Hamilton Properties Corporation Lawrence E. Hamilton III John Greenan Central Dallas Community Development Corp. Hamilton St. Paul GP LLC Lawrence E. Hamilton III Lawrence E. Hamilton MAP Attached Agenda Date 02/23/ page 3

146 [MAPSCO 45Q)

147 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Developer, Lawrence Hamilton III, submitted an application to the City of Dallas on behalf of St. Paul LIHTC, LLC, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the St. Paul Apartments Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the applicant has submitted a request for funding of $2.3M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 146 units or 100% of the units to tenants with household incomes 60% or below the area median family income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for St. Paul Apartments, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the St. Paul Apartments project located at 1801 Young Street; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for St. Paul Apartments project located at 1801 Young Street for the acquisition and new construction of the proposed 146-unit multifamily residential development for low income family housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

148 COUNCIL CHAMBER February 23, 2011 SECTION 2. The applicant has submitted a request for funding of $2.3M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for St. Paul Apartments will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/community services department gives prior approval of the social service plan.. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

149 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 19 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 1 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 54F Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Tyler Street Manor located at 922 West Ninth Street for the acquisition and rehabilitation of the proposed 180-unit multifamily residential development for low income senior housing - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 27, 2011, the Developer, Brandon Bolin, submitted an application to the City of Dallas on behalf of Tyler Street Manor, Inc., for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program. The Applicant has committed to 18 units or 10% of the units to Seniors with household incomes capped at 30% or below the AMFI with rents affordable to Seniors whose household incomes are 30% or below the AMFI and 63 units or 35% of the units to Seniors with household incomes capped at 50% or below the AMFI with rents affordable to Seniors whose household incomes are 50% or below the AMFI and 99 units or 55% of the units to Seniors with household incomes capped at 60% or below the AMFI with rents affordable to Seniors whose household incomes are 60% or below the AMFI

150 BACKGROUND (continued) As a requirement for City of Dallas funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is not located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for Tyler Street Manor for the LIHTC program. The applicant also submitted a request for funding of $810,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Tyler Street Manor Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. Agenda Date 02/23/ page 2

151 FISCAL INFORMATION No cost consideration to the City. OWNER(S) DEVELOPER Tyler Street Manor Redevelopment, LP Tyler Street Redevelopment Opportunity Brandon Bolin Tyler Street Manor, Inc. Will Pinkerton Mitchell Stevens, Board President Audrey Pinkerton F. Leighton Durham, Board Vice President Ed Lantz, Board Member Anthony Skinner, Board Member Susan Lamar, Board Member Steve Reed, Board Member Garry Wolford, Board Member Glenn Bowling, Executive Director MAP Attached Agenda Date 02/23/ page 3

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153 COUNCIL CHAMBER February 23, 2011 WHEREAS, on February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, the Developer, Brandon Bolin, submitted an application to the City of Dallas on behalf of Tyler Street Manor, Inc. for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, on February 7, 2011 and February 22, 2011, the Tyler Street Manor Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee; and WHEREAS, the applicant also submitted a request for funding of $810,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals; and WHEREAS, as a condition for being considered for the award of the 9% tax credit, the Applicant has committed to renting 180 units or 100% of the units to Seniors with household incomes 60% or below the area median family income (AMFI) with rents affordable to Seniors whose household incomes are 60% or below the AMFI; and WHEREAS, as with the City of Dallas funding and endorsement of the TDHCA LIHTC application for Tyler Street Manor, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the owner is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the Tyler Street Manor project located at 922 West Ninth Street; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit allocation for Tyler Street Manor project located at 922 West Ninth Street for the acquisition and rehabilitation of the 180-unit multifamily residential development for low income senior housing, provided, however, that the City s approval of the tax credit financing for this project shall be contingent upon, among other things, future City Council approval of zoning.

154 COUNCIL CHAMBER February 23, 2011 SECTION 2. That the City has received Tyler Street Manor request for funding of $810,000 from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011 contingent upon available funding and the success of the applicant to secure other project approvals. SECTION 3. That the City of Dallas funding and endorsement of the TDHCA LIHTC application for Tyler Street Manor will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost to, the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/community services department gives prior approval of the social service plan.. SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas funding and endorsement for this project will be contingent on the Project Owner paying to the City an annual monitoring review fee in the amount of $500, beginning on the anniversary of the closing on the 9% tax credits and ending at the end of the tax credit compliance period, for the cost of monitoring compliance with the social service requirement, if the Project Owner is utilizing City funding in the financing of the low income housing tax credit project. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Housing/Community Services Department City Attorney's Office Office of Financial Services/Community Development, 4FN

155 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 20 AGENDA DATE: February 23, 2011 COUNCIL DISTRICT(S): 5 DEPARTMENT: Housing/Community Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 65G Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Veterans Place located at 4623 South Lancaster Road for the acquisition and new construction of the proposed 147-unit multifamily residential development for low income families - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND On February 10, 2010, the City Council approved an action item authorizing a modification to the City of Dallas policy for accepting applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval to: 1) allow for only one application to be submitted; and 2) require applicants to submit a $1,000 fee with the single application to cover administrative costs associated with reviewing the applications for City consideration of funding and endorsement by the City Council. On January 21, 2011, Victoria Spicer, the Applicant s Consultant, submitted an application to the City of Dallas on behalf of Sapphire Road Development - Patriot Crossing South, LLC, for support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program.

156 BACKGROUND (continued) The Applicant has committed to 15 units or 10% of the units to tenants with household incomes capped at 30% or below the AMFI with rents affordable to tenants whose household incomes are 30% or below the AMFI and 52 units or 35% of the units to tenants with household incomes capped at 50% or below the AMFI with rents affordable to tenants whose household incomes are 50% or below the AMFI and 80 units or 55% of the units to tenants with household incomes capped at 60% or below the AMFI with rents affordable to tenants whose household incomes are 60% or below the AMFI. As a requirement for City of Dallas funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project.. This project is not located within one mile of another proposed LIHTC multifamily project that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant endorsement of the application to TDHCA for Veterans Place for the LIHTC program. The applicant was approved for $4M on April 22, 2009, May 12, 2010, and October 26, 2010 in support of this project. Also, the applicant has submitted a request for funding of $1M from the City of Dallas which will be reviewed and separately considered by the City Council by August 1, 2011, contingent upon available funding and the success of the applicant to secure other project approvals. Agenda Date 02/23/ page 2

157 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No On February 7, 2011, the Housing Committee of the City Council was briefed on the Low Income Housing Tax Credit Program. On February 22, 2011, the Veterans Place Low Income Housing Tax Credit multifamily project was briefed to the Housing Committee. FISCAL INFORMATION No cost consideration to the City. OWNER(S) Sapphire Road Development- Patriot Crossing South, LLC Yigal Lelah Tracey Lelah MAP Attached Agenda Date 02/23/ page 3

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