HomeMy WebLinkAbout2011.11.01 City Council AgendaCITYOFUNIVERSITYPARK
REGULARCITYCOUNCILMEETING
LOCATION:CITYHALLCOUNCILCHAMBER
AGENDA#2824
NOVEMBER1,2011
CALLTOORDER:5:00P.M.
3:00-4:00P.M.REPORT:TheCityCouncilwillreceiveabriefingontheCity'sretirementplan
fromDirectorofFinanceKentAustinandCityControllerTomTvardzik.Council
ConferenceRoom,secondfloor,CityHall.
4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:CouncilConferenceRoom,second
floor,CityHall
TOSPEAKONANAGENDAITEM
AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand
returnittotheCitySecretary.WhencalledforwardbytheMayor,beforebeginning theirremarks,speakers
areaskedtogotothepodiumandstatetheirnameandaddressfortherecord.
I.CALLTOORDER
A.INVOCATION:CouncilmemberBobBegert
B.PLEDGEOFALLEGIANCE:CouncilmemberBobBegert/BoyScouts
C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis
D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston
II.CONSENTAGENDA
A.REPORT:InvestmentreportforquarterendedSeptember30,2011 - Austin Pg 3
B.CONSIDERANDACT:onarequestbySMUKappaAlphaThetaSororitytoconduct
5kraceoncertaincitystreets - Adams Pg 15
C.CONSIDERANDACT:onarequestfor"2-Hour"parkingalongthe6400blockof
Thackery - Smallwood Pg 19
D.CONSIDERANDACT:onarequestfromDiverestaurantfortwoshort-termparking
spacesalongthe3400blockofRankin - Smallwood Pg 26
E.CONSIDERANDACT:onarequestfromParkCitiesAnimalHospitaltodesignate
oneparkingspace"30-Minute"parking - Smallwood Pg 34
F.CONSIDERANDACT:onaresolutionacceptingtheresignationofRaymondD.
NoahfromtheDallasAreaRapidTransit(DART)BoardofDirectorsandaffirmingthe
appointmentofGaryA.SlageltocompletethetermendingJuly1,2012astheCity's
sharedrepresentative - Spector Pg 43
G.CONSIDERANDACT:onminutesoftheOctober18,2011CityCouncilMeeting - Spector Pg 45
III.MAINAGENDA
A.CONSIDERANDACT:onarequestforreimbursementofexpensesresultingfroma
sanitarysewerbackupat2927LoversLane - Smallwood Pg 50
Page 1 of 80
B.CONSIDERANDACT:onarequesttoabandonacertainalleyright-of-way - Smallwood Pg 53
C.CONSIDERANDACT:onanordinanceoptingoutofgoods-in-transitexemption - Austin Pg 62
D.CONSIDERANDACT:onaresolutioncastingtheCouncil'svoteforthefourth
memberoftheBoardofDirectorsoftheDallasCentralAppraisalDistrict(DCAD) - Spector Pg 79
IV.PUBLICCOMMENTS
AnyonewishingtoaddressanitemnotontheAgendashoulddosoatthistime.Pleasebe
advisedthatundertheTexasOpenMeetingsAct,theCouncilcannotdiscussoractatthis
meetingonamatterthatisnotlistedontheAgenda.However,inresponsetoaninquiry,a
Councilmembermayrespondwithastatementofspecificfactualinformationora
recitationofexistingpolicy.ItistheCouncil’spolicytorequestthatcitizensnotaddress
itemsthatarecurrentlyscheduledforafutureagendaorpublichearing.Instead,theCouncil
requeststhatcitizensattendthatspecificmeetingtoexpresstheiropinions,orcommentto
theCouncilbye-mailatCity-Council@uptexas.orgorletteraddressedtotheMayorand
Councilat3800UniversityBlvd.,UniversityPark,Texas75205.Otherquestionsorprivate
commentsfortheCityCouncilorStaffshouldbedirectedtothatindividualimmediately
followingthemeeting.
A.CONSIDERANDACT:ondonationrequestfromDallasMetropolitanBalletGuild
AsauthorizedbySection551.071(2)oftheTexasGovernmentCode,thismeetingmaybeconvened
intoClosedExecutiveSessionforthepurposeofseekingconfidentiallegaladvicefromtheCity
AttorneyonanyAgendaitemslistedherein.
Page 2 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:KentR.Austin,DirectorofFinance
SUBJECT:REPORT:InvestmentreportforquarterendedSeptemb er30,2011
BACKGROUND:
ThequarterlyinvestmentreportfortheCity'sfour thquarterofFY2011isprovided.DuringtheJuly-
September2011period,thetotalinvestedbalancef ellfrom$55,408,473to$53,450,443,asis
commonduringthefinalquarteroftheyear.Theo verallaverageportfolioyieldchangedfrom
0.3885%to0.3970%,virtuallylevel.
ATTACHMENTS:
4QFY2011investmentreport
Page 3 of 80
CITY OF UNIVERSITY PARK, TEmS
QUARTERLY INVESTMENT REPORT
July - September 201 1
Submitted by authorized investment oflcers
In accordance with
The Public finds Investment Act and
City of University Park investment policy
Prepared by Fimce Departmenr
Qcfober 26,201 1
Page 4 of 80
Page 1 of 5
CITY OF UNIVERSITY PARK, TEXAS
October 26, 2011
TO: Honorable Mayor and City Council
City Manager
Finance Advisory Committee
FROM: Kent Austin, Director of Finance
SUBJ: Quarterly investment report – July-September 2011
Introduction
The City’s investment portfolio shrank in size from $55,409,473 to $53,450,443 during the third
quarter of calendar 2011, as is common in the final quarter of the City’s fiscal year. The
portfolio’s average yield remained nearly level, rising imperceptibly from 0.3885% to 0.3970%,
again reflecting the overall ultra-low rate environment. During the quarter, $18,342,761
matured, was called, or was withdrawn, and $16,408,791 was invested.
The quarter continued the ongoing pattern of overall low interest rates, with expectations for
more of the same going forward. The chart below displays the change in yields over the past
year.
COMPARATIVE INVESTMENT YIELDS,
LAST FIVE QUARTERS 2010-2011
0.000%
0.100%
0.200%
0.300%
0.400%
0.500%
0.600%
0.700%
0.800%
9/30/201012/31/20103/31/20116/30/20119/30/2011
Weighted avg. yield
City portfolio TexPool 91-day T-Bill 2-yr T-Note
The Federal Reserve Open Market Committee (FOMC) met August 9 and September 20-21,
2011, each time affirming their maintenance of the target fed funds rate at a range of 0.0-0.25%.
Page 5 of 80
Page 2 of 5
As noted in the last quarterly report, at the August 9 meeting, the Fed announced their intention
to keep rates at that level for another two years.
Current market conditions and economic developments
Short-term rates fell all across the Treasury curve during the July-September quarter. The 91-
day Treasury yield can almost go no lower, hovering around 1-2 basis points. The TexPool
average daily rate crept up from 0.08% in June to 0.09% in September. Two-year Treasury note
yields fell from 0.46% on June 30, 2011 to 0.25% at the end of September 2011.
Term6/30/20119/30/2011Change
3-month0.01%0.02%0.01%
6-month0.10%0.05%-0.05%
2-year0.46%0.25%-0.21%
5-year1.76%0.95%-0.81%
10-year3.16%2.00%-1.16%
TREASURY YIELDS
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
3-mo 6-mo 2-yr 5-yr 10-yr
TREASURY YIELDS AT END OF QUARTER
6/30/2011 and 9/30/2011
6/30/2011 9/30/2011
Investment strategies employed in most recent quarter
Most of the quarter’s activity was reinvesting matured and called holdings and keeping the
overall portfolio liquid. Three million dollars in agency bonds matured, another five million
were called, and $4.9 million in CD’s were renewed. Five callable agencies and one agency
bullet were purchased with terms from nine months (0.16% yield) to three or three and a half
years (1.125%). Pool yields ranged from 0.06% to 0.09%. The City maintained its new
secondary bank deposit accounts with BB&T, reflected in the $500,000 cash balance. This
Page 6 of 80
Page 3 of 5
account balance is intended to remain static, with the monthly earnings credit offsetting the bank
fees. The chart below displays the investment activity by class during the quarter, while the pie
chart shows how much of the portfolio was comprised by each class at the quarter’s end.
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000
CashCD'sPoolsAgenciesTreasuries
CITY INVESTMENT ACTIVITY BY CLASS 4Q 2011
IN OUT
CITY INVESTMENT PORTFOLIO COMPOSITION 9/30/2011
Interest income rose, from $42,542 in April-June to $49,573 in July-September, as seen below.
U.S. Treasuries 2%
U.S. Agencies 43%
CD's 24%
Investment pools
30%
Cash 1%
Page 7 of 80
Page 4 of 5
$80,046 $81,981
$87,777
$93,534 $90,705
$73,020
$42,542
$49,573
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
12/31/093/31/106/30/109/30/1012/31/103/31/116/30/20119/30/2011
CITY QUARTERLY INTEREST INCOME
LAST EIGHT QUARTERS 2009-2011
Portfolio description and conformance to Policy regarding diversification and term
As of September 30, 2011, the portfolio is in compliance with the investment policy’s maximum
exposure guidelines, as shown in the below table:
Asset Category
Current
quarter
Maximum
allowed
U.S. Treasuries 2% 100%
U.S. Agencies 43% 60%
Certificates of Deposit 24% 30%
Investment Pools 30% 50%
Cash 1% 100%
During the July-September quarter, the portfolio’s weighted average maturity, a reflection of the
portfolio’s overall time to maturity, rose from 192 days to 247 days. The change is the result of
the purchase of multiple agency securities with terms extending as far as three and a half years.
Anticipated investment conditions
Investment conditions are unlikely to improve, even looking forward two years. During the last
quarter, the very public and unsettling battle in Congress over the debt ceiling and the federal
budget heightened anxiety among investors. On August 9, the Fed’s Open Market Committee
stated that it expects to maintain exceptionally low levels for the federal funds rate at least
through mid-2013. On August 12, Standard & Poor’s downgraded U.S. debt, which ironically
was immediately followed by a surge in the purchase of Treasuries.
Page 8 of 80
Page 5 of 5
After its September 21 meeting, the Fed announced its implementation of Operation Twist, in
which the Fed extends the average maturity of its portfolio holdings by selling Treasuries with
maturities between three months and three years, and purchasing Treasuries with maturities from
six to thirty years. The goal is to bring down longer-term interest rates and make financial
conditions more accommodative.
Scott McIntyre of First Southwest Asset Management writes that, “the Economic Cycle
Research Institute (ECRI) told its clients at the end of the quarter that the U.S. economy is
tipping into recession . . . and there’s nothing that policy makers can do to stop it. Apparently,
the ECRI is a credible predictor; according to The Economist, they’ve correctly forecasted the
last three recessions without any false alarms in between.” In short, the bad conditions of the
past three years are about to become worse.
Traditionally, the worst time to extend maturities and lock in yields is when rates are low. At the
same time, with pool rates below 0.10%, extending two to three years is the only way to capture
any yield—even 0.8% or 1% is better than 0.10%. Even if a three-year bond is called after one
year, at least that one year paid a higher yield than staying with a pool or one-year security.
Jeff Flynn of TRACS Financial advocates a range of alternatives, like spreading funds among
traditional investment pools, prime investment pools (which include commercial paper), and
money market mutual funds. He also likes outside money managers for longer-term investments
and FDIC-insured money market demand accounts.
During the October-December quarter, $3 million in CDs will mature and $4 million in agencies
will mature. All investments will continue to be made with safety of principal and liquidity as
primary goals, and yield a secondary goal. It is worth remembering that while quarterly income
continues to fall, not a penny of principal has been lost. The statutory and policy elements that
constrain public funds investments also protect them.
Attachments:
• Investment Portfolio Summary Report
• Quarterly Investment Report by Security Sector
• Quarterly Investment Transaction Report
Page 9 of 80
CITY OF UNIVERSITY PARK, TEXAS
INVESTMENT PORTFOLIO SUMMARY REPORT
QUARTER ENDED SEPTEMBER 30, 2011
End of quarter market value53,450,443$
End of quarter book value 53,418,896
Unrealized gain/(loss)31,547$
End of quarter market value53,450,443$
Beginning of quarter market value 55,409,473
Change in market value(1,959,030)$
End of quarter book value53,418,896$
Beginning of quarter book value 55,361,018
Change in book value(1,942,122)$
Weighted average maturity (WAM) in days (max. 548)
Current period WAM 247
Prior period WAM192
Change in WAM55
City investment portfolio performance
Average yield for period 0.3970%
Average yield for prior period0.3885%
Basis points change1
Benchmark performance - 91-day U.S. Treasury bill average
April-June 2011 0.034%
January-March 20110.047%
Basis points change (1)
City portfolio basis points above/(below) benchmark36
Asset CategoryCurrent QuarterMaximum AllowedIn compliance?
U.S. Treasuries2%100%Yes
U.S. Agencies43%60%Yes
Municipal Bonds0%60%Yes
Certificates of Deposit24%30%Yes
Investment pools30%50%Yes
Cash1%100%Yes
100%
NOTE: THE CITY'S PRACTICE IS TO HOLD INVESTMENTS TO MATURITY,
THEREBY AVOIDING ACTUAL DOLLAR LOSSES ON SECURITIES WHOSE
MARKET VALUE FLUCTUATES FROM MONTH TO MONTH.
Page 10 of 80
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Page 11 of 80
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Page 12 of 80
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Page 2 of 2Page 14 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GaryW.Adams,ChiefofPolice
SUBJECT:CONSIDERANDACT:onarequestbySMUKappaAlphaThetaSororityto
conduct5kraceoncertaincitystreets
BACKGROUND:
TheSMUKappaAlphaThetaSororityisconducting a5KracetoraisefundsfortheDallasCourt
AppointedSpecialAdvocates(CASA),alocalnon-pro fitorganizationprovidingvolunteerswhoare
voicesforabusedchildrenincourt.
Theproposedrouteissituatedprimarilyonthecam pusofSouthernMethodistUniversity,butdoes
includecertainresidentialstreetsthroughUnivers ityPark.Theraceisplannedtostartat7:00a.m .on
Saturday,November5thwithananticipatedfinisht imeof9:30a.m.Therearecurrently46
participantsregisteredtoparticipateinthiseven t.
ThePoliceDepartmenthasapprovedtheroute;andd uetothetimeofday,doesnotanticipateany
trafficrelatedissues.
RECOMMENDATION:
Staffrecommendsapprovaloftherequesttousecer taincitystreetsduringthisrun.
ATTACHMENTS:
SMUThetaRaceRequestEmail
SMUThetaRaceRoute
DayofRacePlan
Page 15 of 80
Page 16 of 80
Page 17 of 80
Page 18 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.,DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onarequestfor"2-Hour"parkingalongthe6400blockof
Thackery
BACKGROUND:
Staffreceivedarequestfor"2-Hour/Mondaythru Friday/8a.m.to5p.m."parkingalongthe6400
blockofThackery(botheastandwestcurblines).Allabuttingpropertyownerssignedapetitionin
favoroftherequest.
TheCityAttorneydevelopedtheenablingordinance forCouncilconsideration.
RECOMMENDATION:
Staffhasnoobjectiontotherequest.
ATTACHMENTS:
PETITION
SITEMAP
ORDINANCE-2hrpkg6400Thackery
Page 19 of 80
Petition for Change of Parking Designation
We, the Citizens of the side street of Thackery between McFarlin Blvd. and
University Blvd. in University Park, Texas, petition the City of University
Park to establish parking regulations on the side street of Thackery
between McFarlin Blvd. and University Blvd. Specifically, we request that
the City establish 2-hour parking on Monday through Friday from 8 a.m. to
5 p.m. except on holidays.
By signing this Petition, the Citizens residing on the side street of Thackery
between McFarlin Blvd. and University Blvd. affirm that they support this
change of parking designation.
Bev Cavitt
3548 McFarlin Blvd
Sally and Chris Pfeiffer
3551 UniversityBlvd
,')
'l'i ic'(l'L( / (--'
I
,t- //0/z=/r,
Jane and John
3&0 McFarlin
Cockrell
Blvd
to /b3 /rr
Mrs Jodie Sclater
3601 University Blvd
Page 20 of 80
Page 21 of 80
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING ON EITHER SIDE OF THACKERY BETWEEN MC FARLIN
AND UNIVERSITY IN EXCESS OF TWO HOURS AT ANY TIME FROM 8:00 A. M. TO
5:00 P.M., MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS; PROVIDING FOR
THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or
park any motor vehicle on either side of Thackery between Mc Farlin and University, as shown on
Exhibit “A” attached hereto and made part hereof for all purposes, in excess of two hours at any
time from 8:00 a. m. to 5:00 p. m., Monday through Friday, except holidays.
SECTION 2. That all ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part
decided to be invalid, illegal or unconstitutional.
SECTION 4. That any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of
University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars
($200.00) for each offense.
Page 22 of 80
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide. The parking
restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall
have been erected as provided by the Code of Ordinances.
DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day
of November 2011.
APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
ELIZABETH SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
(RLD/10-27-11/52097)
Page 23 of 80
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING ON EITHER SIDE OF THACKERY BETWEEN MC FARLIN
AND UNIVERSITY IN EXCESS OF TWO HOURS AT ANY TIME FROM 8:00 A. M. TO
5:00 P.M., MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS; PROVIDING FOR
THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day
of November 2011.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
Page 24 of 80
EXHIBIT “A"
Page 25 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.,DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onarequestfromDiverestaurant fortwoshort-termparking
spacesalongthe3400blockofRankin
BACKGROUND:
StaffreceivedarequestfromDiveRestaurantinSn iderPlazafortwo"15-Minute"parkingspaces
alongtheirRankinfrontagefortheircustomers'co nvenienceinpickingup"togo"orders.Thereare
severalbusinessesinSniderPlazawithsimilarsho rttermspaces.
TheCityAttorneydevelopedtheenablingordinance forCouncilconsideration.
RECOMMENDATION:
Staffhasnoobjectiontotherequest.
ATTACHMENTS:
PETITION
SITEMAP
ORDINANCE-15-minPkgRankin
Page 26 of 80
From:franchesca nor
To:Bud Smallwood
Subject:Re: Dive Coastal Cuisine to-go parking
Date:Wednesday, October 19, 2011 10:00:47 AM
Hello again!
Wow, time really got away from me...I could have sworn I sent this email weeks
ago, obviously I did not. We would like the first two spaces (closest to Bank of
America) designated as 10-15 min parking, please. Guess we missed the october
meetings so we'll try to get on the next one.
Thanks again for your help with this matter. Let me know what else I can do to
help!
Erin
On Wed, Sep 21, 2011 at 6:41 PM, Bud Smallwood <bsmallwood@uptexas.org>
wrote:
Erin
Thanks for the e-mail. I have not previously had any inquiries regarding the need
for "short-term: parking designations adjacent to the storefront. Although, about
a month ago, John Jackson mentioned that someone from Dive might be
contacting me regarding the matter.
Proceedurly, all I need is which one or two spaces you want designated as "10-
minute" (???) space/s. With that information, I'll ask the City Attorney to develop
the requisite ordinance, which will then be placed on the City Council agenda. The
specific information must be forwarded to me ten days in advance of the Council
meeting. The next two meetings are October 4th and 18th.
Please keep in mind that short term spaces are generally considered unenforcable.
The Police Department does not have enough staff to monitor those spaces.
Drivers will typically comply with a marked space, however, there may be times
when a call to the PD is necessary..
Please contact me with any questions.
Thanks
Bud
Gene R. "Bud" Smallwood, P.E.
Director of Public Works
Direct phone: 214.987.5400
E-Mail bsmallwood@uptexas.org
________________________________
From: franchesca nor [mailto:dallasdive@gmail.com]
Page 27 of 80
Sent: Wed 9/21/2011 5:45 PM
To: Bud Smallwood
Subject: Dive Coastal Cuisine to-go parking
Hello Mr. Smallwood,
My name is Erin, I am Franchesca Nor's assistant. I am writing you in hopes that
you can help me set up a few to-go parking spots for our Dive guests. I know our
management has taken steps towards getting these in the past, but nothing has
been finalized. Can we schedule a day to attend a town meeting to make our
request? Or is there someone I should send a copy of our lease to in order to
confirm that the spots are within our property lines?
Any guidance you could provide me with on acquiring these parking spots would
be greatly appreciated!! Franchesca is eager to get them so we can better
accommodate our on-the-go guests. I'm sure you've battled Snider Plaza parking
before and can understand the urgency for those people in a rush.
Thank you so much for your time and knowledge on the matter. I look forward to
hearing from you!
Erin
--
Franchesca Nor
DIVE coastal cuisine
Chef / Owner
--
Franchesca Nor
DIVE coastal cuisine
Chef / Owner
Page 28 of 80
Page 29 of 80
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING IN EXCESS OF FIFTEEN MINUTES IN TWO PARKING
SPACES ON THE NORTH SIDE OF THE 3400 BLOCK OF RANKIN; PROVIDING FOR
THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or
park any motor vehicle on the two parking spaces designated on Exhibit “A”, attached hereto and
made part hereof for all purposes, on the north side of the 3400 block of Rankin in excess of fifteen
minutes at any time.
SECTION 2. That all ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part
decided to be invalid, illegal or unconstitutional.
SECTION 4. That any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of
University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars
($200.00) for each offense.
Page 30 of 80
SECTION 5. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide. The parking
restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall
have been erected as provided by the Code of Ordinances.
DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day
of November 2011.
APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
ELIZABETH SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
(RLD/10-27-11/52103)
Page 31 of 80
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING IN EXCESS OF FIFTEEN MINUTES IN TWO PARKING
SPACES ON THE NORTH SIDE OF THE 3400 BLOCK OF RANKIN; PROVIDING FOR
THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day
of November 2011.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
Page 32 of 80
EXHIBIT “A”
Page 33 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onarequestfromParkCitiesAnimalHospitaltode signate
oneparkingspace"30-Minute"parking
BACKGROUND:
StaffrecentlyreceivedarequestfromParkCities AnimalHospitalforoneparkingspacealongtheir
Armstrongfrontage(firstspacesouthofLoversLan e)tobedesignated"30-Minute"parking.Dr.
Blackindicatedthathiscustomersneedashort-ter mspacefordropoffandpickupuses.
TheremainingspacesalongArmstrongcurrentlyhave noparkinglimitdesignation.TheCity
AttorneyprovidedtheenablingordinanceforCounci lconsideration.
RECOMMENDATION:
Staffisnotopposedtotherequest.
ATTACHMENTS:
PETITION
PETITION2
SITEMAP
ORDINANCE-30minpkg7000Armstrong
Page 34 of 80
From:Kelley Parrish
To:Bud Smallwood
Cc:Karl Black
Subject:30 minute parking
Date:Wednesday, October 26, 2011 2:02:53 PM
Good Afternoon,
You spoke to Dr Karl Black earlier today concerning getting the parking directly in front of
our building at 4365 Lovers Lane changed from 2 hour to 30 minutes. This would be
beneficial for our clients as there are many instances when they are here for a short time
period. The first 2 parking areas are of particular interest for our business.
Thank you for your time and consideration.
Kelley Parrish
Park Cities Animal Hospital
4365 Lovers Lane
Dallas, TX 75225
Phone: (214) 368-8573
Fax: (214) 696-1620
email: kelley@parkcitiesanimalhospital.com
www.parkcitiesanimalhospital.com
Page 35 of 80
From:Kelley Parrish
To:Bud Smallwood
Subject:RE: 30 minute parking
Date:Wednesday, October 26, 2011 4:03:17 PM
I apologize that is correct for the one
Kelley Parrish
Park Cities Animal Hospital
4365 Lovers Lane
Dallas, TX 75225
Phone: (214) 368-8573
Fax: (214) 696-1620
email: kelley@parkcitiesanimalhospital.com
www.parkcitiesanimalhospital.com
-------- Original Message --------
Subject: RE: 30 minute parking
From: "Bud Smallwood" <bsmallwood@uptexas.org>
Date: Wed, October 26, 2011 2:59 pm
To: "Kelley Parrish" <kelley@parkcitiesanimalhospital.com>
Ms Parrish:
Just a point of clarification. When I talked this morning to Dr. Black, I
understood his request for a single 30 minute space immediately south of your
main door along the east side of Armstrong. Please confirm.
Thanks
Bud
Gene R. “Bud” Smallwood, P.E.
Director of Public Works
Direct Phone: 214.987.5400
E-Mail: bsmallwood@uptexas.org
From: Kelley Parrish [mailto:kelley@parkcitiesanimalhospital.com ]
Sent: Wednesday, October 26, 2011 2:01 PM
To: Bud Smallwood
Cc: Karl Black
Subject: 30 minute parking
Page 36 of 80
Good Afternoon,
You spoke to Dr Karl Black earlier today concerning getting the parking directly in
front of our building at 4365 Lovers Lane changed from 2 hour to 30 minutes.
This would be beneficial for our clients as there are many instances when they
are here for a short time period. The first 2 parking areas are of particular
interest for our business.
Thank you for your time and consideration.
Kelley Parrish
Park Cities Animal Hospital
4365 Lovers Lane
Dallas, TX 75225
Phone: (214) 368-8573
Fax: (214) 696-1620
email: kelley@parkcitiesanimalhospital.com
www.parkcitiesanimalhospital.com
Page 37 of 80
Page 38 of 80
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING IN EXCESS OF THIRTY MINUTES IN ONE PARKING
SPACE ON THE EAST SIDE OF THE 7000 BLOCK OF ARMSTRONG; PROVIDING
FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or
park any motor vehicle on the parking space designated on Exhibit “A”, attached hereto and made
part hereof for all purposes, on the east side of the 7000 block of Armstrong in excess of thirty
minutes at any time.
SECTION 4. That all ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part
decided to be invalid, illegal or unconstitutional.
SECTION 6. That any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of
University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars
($200.00) for each offense.
Page 39 of 80
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide. The parking
restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall
have been erected as provided by the Code of Ordinances.
DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day
of November 2011.
APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
ELIZABETH SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
(RLD/10-27-11/52104)
Page 40 of 80
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING IN EXCESS OF THIRTY MINUTES IN ONE PARKING
SPACE ON THE EAST SIDE OF THE 7000 BLOCK OF ARMSTRONG; PROVIDING
FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day
of November 2011.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
Page 41 of 80
EXHIBIT “A”
Page 42 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:LizSpector,CitySecretary
SUBJECT:CONSIDERANDACT:onaresolutionacceptingtheresignationofRaymon dD.
NoahfromtheDallasAreaRapidTransit(DART)Boar dofDirectorsandaffirming
theappointmentofGaryA.Slageltocompletethet ermendingJuly1,2012asthe
City'ssharedrepresentative
BACKGROUND:
TheCitysharesrepresentationontheDARTBoardof DirectorswiththemunicipalitiesofAddison,
HighlandPark,andRichardson.RaymondD.Noah,ou rlongtimerepresentative,hastenderedhis
resignationforthetermendingJuly1,2012effect iveimmediately.TheCityofRichardsonhas
nominatedGaryA.Slagel,theformermayoroftheC ityofRichardson,tocompletethisterm
asoursharedrepresentative.
MayorDavis,CityManagerLivingston,HighlandPark MayorBillSeayandTownManagerBill
LindleymetwithMr.SlagelonOctober24todiscus shisappointment.
RECOMMENDATION:
IftheCouncilconcurswiththisnomination,theys houldapprovetheresolutionacceptingMr.Noah's
resignationandappointingMr.Slageltocompleteh istermontheDARTBoardofDirectors.
ATTACHMENTS:
DCADBoardofDirectorsResolution
Page 43 of 80
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
TEXAS, ACCEPTING THE RESIGNATION OF RAYMOND D. NOAH AND
AFFIRMING THE APPOINTMENT OF GARY A. SLAGEL TO THE AGGREGATED
POSITION OF REPRESENTATIVE TO THE DALLAS AREA RAPID TRANSIT
(DART) BOARD OF DIRECTORS, WHICH FRACTIONAL ALLOCATION
MEMBERSHIP IS SHARED WITH THE CITY OF RICHARDSON AND THE TOWNS
OF ADDISON AND HIGHLAND PARK; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Transportation Code, Section 452.573, authorizes cities having a
fractional allocation for board membership to aggregate their populations in order to appoint a
member of the board of the rapid transit authority; and
WHEREAS, the Cities of University Park and Richardson and the Towns of Addison
and Highland Park have mutually agreed to aggregate population for the selection of a DART
Board Member; and
WHEREAS, Raymond D. Noah has tendered his resignation for the term ending July 1,
2012;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1: That the resignation of Raymond D. Noah is hereby accepted.
SECTION 2: That the City Council of the City of University Park hereby concurs with
and affirms the appointment of Gary A. Slagel as the City’s representative on the DART Board
of Directors as selected by the City of Richardson to complete the term ending July 1, 2012.
SECTION 3: That this resolution shall become effective immediately from and after its
passage.
DULY PASSED AND APPROVED by the City Council of the City of University Park,
Texas, on this the 1st day of November, 2011.
APPROVED:
________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
__________________________________
CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
Page 44 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:LizSpector,CitySecretary
SUBJECT:CONSIDERANDACT:onminutesoftheOctober18,201 1CityCouncilMeeting
BACKGROUND:
MinutesoftheOctober18,2011CityCouncilMeetin gareattachedfortheCouncil'sreview.
ATTACHMENTS:
2011.10.18CCMtgMin
Page 45 of 80
MINUTES
AGENDA #2823
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER – CITY HALL
TUESDAY, OCTOBER 18, 2011, 5:00 P.M.
3:30 - 4:00 P.M. EXECUTIVE SESSION THE COUNCIL CONVENED UNDER TEXAS
GOVERNMENT CODE 551.072 FOR DELIBERATION REGARDING A REQUEST TO
ABANDON THE HAYNIE/DANIEL ALLEY TO THE ADJACENT PROPERTY OWNER.
NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, FIRST FLOOR, CITY
HALL.
4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW COUNCIL CONFERENCE
ROOM, SECOND FLOOR, CITY HALL.
The Regular City Council Meeting was called into session at 5:00 p.m. in the Council
Chamber at City Hall. Present were Councilmember Stewart, Mayor Pro Tem Grable, Mayor
Davis, Councilmember Clark, and Councilmember Begert. Also in attendance were City
Manager Livingston, and City Attorney Dillard.
There were several Boy Scouts in attendance. They included: Grayson Buckholtz,
Troop 80, Communications merit badge; Zach Ridings, Troop 80, Communications
merit badge; Harrison Nichol, Troop 125, Communications merit badge; Garner
Newton, Troop 80, Communications merit badge; Chase Bufkin, Troop 80,
Communications merit badge. Boy Scouts who came later to the meeting included:
Alex Risel, Troop 80, Communications merit badge; Parker Kirby, Troop 720,
Citizenship in the Community merit badge; and, Brian Buckenham, Troop 730,
Citizenship in the Community merit badge. Mayor Davis thanked them for attending
the meeting.
Mayor Davis recognized former Mayor James H. "Blackie" Holmes, former
Councilmember Jim Roberts, and former Highland Park Town Councilmember George
Reynolds who were in the audience.
Staff in attendance included: Community Information Officer Steve Mace,
Administrative Intern George Ertle, Chief of Police Gary Adams, Director of Public
Works Bud Smallwood, City Secretary Liz Spector, Fire Chief Randy Howell, Director
of Community Development Robbie Corder, Director of Parks Gerry Bradley,
Purchasing Agent Christine Green and Assistant Director of Public Works Jacob Speer.
I. CALL TO ORDER
A. INVOCATION: Fire Chief Randy Howell
B. PLEDGE OF ALLEGIANCE: Fire Chief Randy Howell / Boy Scouts
C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D. INTRODUCTION OF STAFF: City Manager Bob Livingston
Page 46 of 80
In appreciation of his gift to the City of a gavel used to close the 73rd Legislature by Lt.
Gov. Bob Bullock in 1993, Mayor Davis presented Dr. Kent Beasley with a
proclamation. Mayor Davis also presented Dr. Beasley with a proclamation for Ms. Jan
Felts Bullock, widow of former Lt. Governor Bob Bullock.
This item approves the final payment of $92,705.93 to Barson Utility Company for
completion of Project 47016.
The final payment of $20,494.93 was approved to Blastco Texas for repairs and
maintenance to the Fondren elevated water storage tank. This payment includes
Changes Orders 1 and 2 and was reduced by $35,646.83 for assessments charged to the
contractor for delayed completion.
This item approves the purchase of two 2012 Chevrolet C3500 trucks from Caldwell
Country via state contract in the amount of $58,331.00 for the Infrastructure
Maintenance Division.
Councilmember Clark made a motion to approve the Consent Agenda. Councilmember
Stewart seconded, and the motion carried unanimously.
Mayor Davis said the Council received a request from Ms. Dominique Miller, 4308
Druid, to allow residents to raise backyard chickens. He asked Ms. Miller to the lectern.
Ms. Miller said she feels very strongly that if the Council allows backyard hens it would
have a positive effect on residents. She said the chickens are not livestock. She stated
that she is not asking that roosters be allowed and she also suggested that the Council
II. AWARDS AND RECOGNITION
A. PROCLAMATION: To recognize contribution of gavel to City by Dr. Kent Beasley and
Jan Felts Bullock
III. CONSENT AGENDA
A. CONSIDER AND ACT: on final payment to Barson Utility Company for water,
sanitary sewer, and paving improvements on project 47016
B. CONSIDER AND ACT: on final payment to BLASTCO Texas for renovation of the
Fondren elevated water storage tank
C. CONSIDER AND ACT: on the state contract purchase of two 2012 Chevy C3500
trucks for the Infrastructure Maintenance Division
D. CONSIDER AND ACT: on minutes of the October 4, 2011 City Council Meeting
IV. MAIN AGENDA
A. CONSIDER AND ACT: on resident request to amend Section 2.01.005 of the Code of
Ordinances to allow backyard hens
Page 47 of 80
could place limits on the number of hens or permit them like the city does dogs and
cats. She said raising hens is a good experience for children as well as adults. She then
asked Mr. Dan Probst, an expert in the field of backyard hens, to address the Council.
Mr. Probst addressed the Council. He said he is familiar with both commercial and
backyard poultry raising. Mr. Probst has been a licensed poultry breeder in the state for
the past five years. He stated he provides technical support to several local school
districts and private schools related to science chicken hatching programs. He said he
has also worked with the cities of Dallas, Fort Worth and Irving on poultry ordinances
and appropriate enforcement.
Mr. Probst said that these types of chickens require only four square feet per bird to
keep them in humane and sanitary conditions. He said that a hen in a backyard is more
quiet than a dog or cat or even frogs. He stated that chickens are smaller and produce
much less waste than pet dogs or cats and there is no odor difference. He said sanitation
is dependent on the owner, just like dogs or cats.
He said according to Centers of Disease Control in Atlanta, policies regarding disease
transmittal and sanitary handling are the same for chickens, dogs and cats. He said
bacterial risks are no different than that of other pets.
Finally, Mr. Probst said there are federal and state standards that the poultry industry
must abide by. He said backyard chickens are an ecologically friendly, family activity
and he encouraged the Council to allow them.
Mr. Tom Blackwell, 3833 Wentwood, addressed the Council. He stated his support for
Ms. Miller's request. He suggested that the City ordinance regarding hens should be
similar to the City of Dallas. He said Dallas allows pet hens with no roosters, among
other restrictions. Mr. Blackwell said it would be good to include a prohibition on
commercial uses, and allow schools to be exempt from city regulations.
Ms. Sindy Smith, 3529 Rosedale, addressed the Council in support of Ms. Miller's
request. She said backyard hen raising is the wave of the future and is part of an "eat
local, eat organic" movement. She asked the Council to give residents the option of
participating in this movement.
Councilmember Clark asked Ms. Miller if she was aware of the ordinance prior to
obtaining her hens. She said she was not aware.
Councilmember Clark said this issue had been previously considered and the Council
came to conclusion that it was not appropriate to allow chickens in the City due
to residential lot sizes. He said that he is willing refer this issue to a citizen committee
for careful study before making any final decision.
Councilmember Clark made a motion to refer the resident request to amend Section
2.01.005 of the Code of Ordinances to allow backyard hens to a citizen committee for
further study. Councilmember Stewart seconded, and the motion carried unanimously.
City Manager Bob Livingston asked the Council to which committee they wanted to
refer the issue. Councilmember Clark said he was unsure which committee would be
Page 48 of 80
the most appropriate and said they would let staff know.
Meeting attendees submitting sheets indicating their position as in favor of the request
to allow backyard hens included: Laura Noe, 3948 Centenary; Jackie Brewer, 3132
Bryn Mawr; Kim Atkins, 3124 Bryn Mawr; D. Atkins, 3124 Bryn Mawr; Barbara Babb,
9054 Briarwood, Dallas; Ann Spillman, 3202 Cornell, Highland Park; Kirk Miller, 4308
Druid Lane; Karen Outland, 4405 Emerson; Rick Christenson, 2932 Rosedale; Ben
Black, 3041 Rosedale; Alice Mamula, 4308 Druid; Karl Black, 4365 Lovers Lane; Terri
Brittingham, 3919 Beverly Drive, Highland Park; Kathy Rogers, Rogers Wildlife
Rehabilitation, Hutchins.
No sheets were submitted indicating a position in opposition to the request for backyard
hens.
City Manager Livingston stated that during the work session, the Council indicated they
wanted the Public Works Advisory Committee (PWAC) to review staff’s
recommendations to revise the sidewalk replacement program before any changes were
enacted. Mr. Livingston said staff agreed to take the issue to PWAC at its next meeting.
There were no requests to address the Council from the floor and Mayor Davis adjourned the
meeting.
Considered and approved this 18th day of October, 2011.
_______________________________
W. Richard Davis, Mayor
ATTEST:
____________________________
Elizabeth Spector, City Secretary
B. DISCUSS: staff recommendation to revise the current sidewalk replacement program
and provide direction to staff
V. ITEMS FROM THE FLOOR
Page 49 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.,DirectorofPublicworks
SUBJECT:CONSIDERANDACT:onarequestforreimbursementofexpensesresultin gfroma
sanitarysewerbackupat2927LoversLane
BACKGROUND:
AttheOctober4CityCouncilmeeting,thehomeowne rof2927LoversLanerequestedtheCity
reimburseexpensessheincurredfollowingasanitar ysewerbackupintoherresidence.Follwingthat
discussion,theCouncilrequestedadditionaltimet oreviewthematter,anddeferredactiontoafutur e
meeting.StaffhasnowprovidedtheCouncilwithm oredefinitiveinformation,andwillalsoprovide
adetailedpresentationattheNovember1CouncilM eeting.
RECOMMENDATION:
ThehomeownerfiledaninsuranceclaimwiththeCit y,andtheCity'sinsurancecarrier,TML,denied
theclaimbasedongovernmentalimmunity.Thehom eownerthenrequestedtheCitywaive
governmentalimmunityandpaytheclaim.Staffrec ommendsthattheCityCouncilnotwaive
governmentalimmunityinthismatteranddenytheh omeowner'srequest.
ATTACHMENTS:
SSCollection(BEFORE)
SSCollection(AFTER)
Page 50 of 80
Page 51 of 80
Cut & Plug Main
Page 52 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.,DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onarequesttoabandonacertain alleyright-of-way
BACKGROUND:
StaffreceivedarequestfromrepresentativesofLe gacyHillcrestInvestmentstoabandonthealley
right-of-way(R-O-W)immediatelywestof6517Hillcrest.Thesubject alleyrunsparalleltoHillcrest
andbetweenHaynieandDaniel.
IftheCouncilshouldabandontheR-O-W,staffsugg eststhatthedeveloperberesponsiblefor
relocationand/orabandonmentofallpublicandpri vateutilities.
Theappraisedvalueofthesubjecttract(perAppra isal,Brokerage&Consultingreport09.17.11)is
$281,000,basedonaunitcostpersquarefootof$125.Theareaofthealleyis2,250squarefeet.
RECOMMENDATION:
StaffrequestsdirectionfromtheCityCouncilont hismatter.
ATTACHMENTS:
ALLEYR-O-WSURVEY
APPRAISALEXCERPTS
Page 53 of 80
Page 46 of 72Page 54 of 80
Page 47 of 72Page 55 of 80
#,#p#&re^{-
&ffiK&*A## &
ffi{,rgtg{W{it& C&,
C. S. "Chuck" Mullinax, MAI
P. O. Box 794774
Dallas, Texas 75379
A,
SUMMARY
APPRATSAL REPORT
OF TWO PARCELS OF LAND
LOCATED ADJACENT TO
THE SOUTHWEST CORNER OF
HILLCREST & DANIEL
AVENUES
TO THE CIW OF
UNIVERSITY PARK
DALLAS COL'NTY, TEXAS
PREPARED FOR
THE CITY OF UNIVERSTTY PARK
AS OF
JUNE 6, 2077
REAL ESTATE APPRATSALS . PHONE (972) 3A0-OO75 . FAX (972) 4O7-1s18
csm mai@yahoo.com Page 56 of 80
A PftATgAL
&frQK#NAG# &
ffiNSgLT"t*f,G €A,
f"l{1l;
,''a I I,l;
'I -ll' iilj i1"{ I
C. S. "Chuck" Mullinax, MAI
P. O. Box 794774
Dallas, Texas 75379
June 13, 2011
City of University Park
38OO University Boulevard
Dallas, Texas 752O5-OOO5
Att: G.R. '*Bud" Smallwood, P.E.,
Director of Public Works
Re: Summary Appraisal Report
Abandonment of 2 parcels of land in or adjacent to the southwest corner of
Hillcrest and Daniel Avenue {University Park Addition} to the City of University
Park, Dallas County, Texas.
Dear Mr. Smallwood;
Pursuant to your instructions/ we have conducted the required investigation,
gathered the necessary data and made certain analyses that have enabled us
to form an opinion of market values for the "fee simple" interest. The attached
Summary Appraisal Report sets forth findings and conclusions derived
therefrom, together with photographs and exhibits that are considered essential
to explain the processes followed in completing the report.
Traditional valuation methodologies were applied and the report has been
prepared in accordance with the FIRREA Act of 1989 (12 CFR 34.42) and in
accordance with generally accepted appraisal standards promulgated by USPAP
and the Appraisal Institute. Subject to the Assumptions and Limiting Conditions
included in the body of this report, our final composite estimate of market value
forthe "fee simple" interest in the respective parcels perthe June 6,2011date
of this report is:
$345,OOO.OO
THREE HUNDRED FORTY FIVE THOUSAND DOLLARS
Allocated as follows:
REAL ESTATE APPRATSALS . PHONE (972) 380-OO7s . FA)( (972) 4O7-1s18
csm mai@yahoo.com
Page 57 of 80
City of University Park
page 2
Alley Abandonment $281,OOO
Corner Clip 964,000
Composite Value of Both Parcels $345,OOO
Respectfully,
C. S. Mullinax,
TX 1321048 G
CSM/ejm
L 051I27 D35 G
PHONE (972) 380-OO7s . FAX (972) 4O7-t5L8
csm mai@yahoo.corn
REAL ESTATE APPRAISALS .
Page 58 of 80
have been redeveloped after the sale. Many of the sites were developed as
branch banks during the banking explosion.
Roadway Frontaoe /Accessi bil ity
The subject parcel has excellent access and exposure, It has major frontage
on both Hillcrest and lesser frontage on Daniel Avenue. The sales are all
corners with good frontage on two streets and no adjustment is deemed
necessary in this section.
Zonino
The subject is zoned "O-2" for Office development. All of the sales are
zoned for high density commercial development. No adjustment is made in
this category.
Acreage Loss
There is no apparent loss of land in any of the adjacent tracts.
Public Service Utilities
The subject is served with full utilities as are all of the sales. Therefore,
there is no adjustment for the respective sales.
Conclusions from Sales
The adjusted indicators fall within a wide range from $64.68 to a high of
$162.36/sf. Statistical analysis result in a mean of $I07.06/sf and and a
modified mean after dropping the extremes of $I04.48/st. The best
comparable in terms of size and location is Sale #7 which is at Preston and
Mockingbird, That is also the highest indicator @ $1,62.36/sf. We will
therefore give greater weight to that sale in our final analysis.
Final Opinion of Value
Based on our analysis, it is our opinion that the subject parcels have a
market value of $125.00/sf. Hence:
Alley abandonment
2,250 sf x $125.O0/sf
say
Corner Clip abandonment
512 sf x $125.OO/sf
= 9281,250. $281,0O0
say
$ 64,000. 64,000
$345,OOOTotal
Page 34
Page 59 of 80
RECONCILIATION
This appraisal assignment was to estimate the value of the subject property.
The traditional valuation techniques have indicated the following values on
an "as is"basis:
INCOME APPROACH TO VALUE
COST APPROACH TO VALUE
SALES COMPARISON APPROACHTO VALUE
N. A.
N. A.
ALLEY ABANDONMENT
CORNER ABANDONMENT
COMBINED ABANDONMENT
$ 281,OOO
$ 64,000
$345,OOO
The subject property is a vacant tract and as such, the Income Approach is
not applicable
The Cost Approach is typically used to test feasibility for new construction
and is also considered as a "benchmark" for comparison with the other
approaches. This technique is the least relevant of the three in determining
market value for an income-producing property. In this assignment, the Cost
Approach was not applied due to the fact that this is an appraisal of raw land
with no improvements.
The Sales Comparison Approach is considered by most in the profession to
be simply a crude method of estimating a range of values for the subject. In
the case of raw land, it is the only meaningful approach to value.
Adjustment to Value
This section of the report usually addresses any penalties relative to
reaching stabilized income levels, finish out costs to achieve that level and
also any deferred maintenance noted on the property which was previously
addressed as Physical Depreciation Curable. Once again, this assignment
was to arrive at an opinion of value for a vacant tract of land, There are no
applicable adjustments to the Market Approach presented above.
Fair Value - A "fair value" definition was presented previously in this section
of the report. It is quite similar to that definition for "market value" with the
exception of a specific time frame for the consummation of a sale. The
market value estimate presented in this report is based upon current
comparables and the best marketplace data available to this office.
Recognizing the quality of the real estate being appraised and marketplace
influences analyzed throughout this report, it is our opinion that a marketing
term is not applicable in this assignment. There is only one prospective
user/purchaser for the subject parcels.
Reconciliation Page 35
Page 60 of 80
Environmental Hazards Defined - This appraiser is not qualified to offer a
professional opinion regarding potential environmental hazards. Our office
does not maintain the resources necessary for determinations of this nature.
From an informal perspective, we are unaware of any environmental
influence or condition that would negatively affect the subject property, its
marketability or future potential.
Subject to the Assumptions and Limiting Conditions of this report, it is the
appraiser's opinion that the subject has a value as of June 6,20LL:
Alley Abandonment
$281,OO0
TWO HUNDRED EIGHTY ONE THOUSAND DOLLARS
CORNER CLIP
$64,OOO
SIXTY FOUR THOUSAND DOLLARS
Respectfully,
C. S. Mullinax,
Reconciliation Page 36
Page 61 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:KentR.Austin,DirectorofFinance
SUBJECT:CONSIDERANDACT:onanordinanceoptingoutofgoo ds-in-transitexemption
BACKGROUND:
SenateBill1(SB1),approvedduringthefirstspec ialsessionofthe82ndTexasLegislaturethisyear ,
includedagoods-in-transitexemptionforgoodssto redinapublicwarehouse.Theexemption(from
businesspersonalpropertytaxation)takeseffectJ anuary1,2012,unlessataxingentityvotestoopt
outoftheexemption.
AttachedisaletterfromtheDallasCentralApprai salDistrictandtheresultsofaninformalsurvey of
northTexascitiesconductedbytheNorthCentralT exasCouncilofGovernments.Currently
UniversityParkhasnopublicwarehouses,anditis unlikelyanywilllocateinthecity.Theareaea st
ofU.S.75NorthCentralExpresswaybetweenFondren andDyerStreetsisoneofthefewareaswhere
thiscouldpotentiallyoccur.
Whileitappearstheexemptionwouldhavelittleor noimpactonUniversityParkrightnow,
preservingthetaxabilityofgoodsinthefutureis prudent.Giventhecurrenteconomicclimate,
maintainingorenhancingallrevenuesourcesisvit al.TheFinanceAdvisoryCommitteediscussed
theexemptionissueattheirOctober13meetingand unanimouslyrecommendedtooptoutofthe
exemption.
AsofOctober26,DCADreportsthatfourentitiesh avetakenactiontooptout.Theattachedsurvey
fromtheNCTCOGindicatesitislikelytherewillb emanymorecitiesoptingoutbeforeDecember
31,2011.
RECOMMENDATION:
CitystaffandtheFinanceAdvisoryCommitteerecom mendoptingoutofthegoods-in-transit
exemption,sothatthegoodsremaintaxable.Thisa ctioncanberescindedatalaterdateifdesired.
ATTACHMENTS:
Ordinanceprovidingfortaxationofgoods-in-transi t
LetterfromDCADre.SB1
NCTCOGSB1survey
Page 62 of 80
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING
FOR THE TAXATION OF GOODS-IN-TRANSIT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Senate Bill 1 passed by the 82nd Texas Legislature, First Called Special
Session, inter alia, amended Section 11.253 of the Tax Code regarding the exemption for
“Goods-in-Transit”; and
WHEREAS, Section 11.253, Tax Code, was amended to prohibit a taxing unit from
taxing Goods-in-Transit in a tax year that begins on or after January 1, 2012, unless the
governing body of the taxing unit takes action on or after October 1, 2011, to provide for the
taxation of the Goods-in-Transit; and
WHEREAS, the City may choose to opt out of the local exemption for Goods-in-Transit
by holding a public hearing and taking action to continue tax such goods on or after October 1,
2011, but prior to January 1, 2012; otherwise, such property will be exempt from taxation; and
WHEREAS, the City Council has conducted a public hearing as required by Section 1-n
(d), Article VIII, Texas Constitution, at which citizens were provided an opportunity to speak;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1. That beginning in tax year 2012, and continuing thereafter until further
action is taken by the City Council, “Goods-in-Transit”, as defined by the Texas Tax Code,
Section 11.253, shall be subject to property taxation by the City.
SECTION 2. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof other than the part
thereof decided to be unconstitutional, illegal or invalid.
SECTION 3. That this ordinance shall take effect immediately from and after its
passage, as the law and Charter in such cases provide.
Page 63 of 80
PASSED AND APPROVED by the City Council of the City of University Park, Texas,
on the 1st day of November 2011.
APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM: ATTEST:
________________________________ ____________________________________
CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY
(RLD/10-24-11/51971)
Page 64 of 80
August 2,201 I.
Kent Austin, Director of Finance
City of University Park
3 800 University Blvd.
University Park, Texas 75205
The First Special Session of the 82nd Session of the Texas Legislature adjourned on June 30, 20 1 1.
Senate Bill 1 was passed and within this comprehensive budget bill was language amending the
Property Tax Code as it concerns the goods-in-hamit exemption. This exemption was previously
enad by the rnslahrre in 2007. The following excerpt hm the bill shows the changa:
(2) "Goods-in-transi t" means tangible personal property that:
(A) is acquired in or imported into this state to be forwarded to another location in this
state or outside this state;
(B) is stored under a contract of bailment by a pubIic warehouse operator at one or more
public warehouse facilities in this state that are not in any way owned or controlled by the owner
of the personal property for the account of the person who acquY-ed or imported the property;
(C) is transported to another location in this state or outside this state not later than 175
days after the date the person acquired the property in or imported the property into this state;
and
(D) does not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle
inventory, dealer's vessel and outboard motor inventory, deal& heavy equipment inventory, or
retail manufactured housing inventory.
(5) "Bailm" and "warehouse" have the meanings assigned by Section 7.102, Business &
Commerce Code.
(6) "Public warehouse operator" means n person that:
(A) is bth a bailee and a warehouse; and
(B) stores under a contract of bailment, at one or more public warehouse facilities,
tangible personal property that is owned by other persons solely for the account of those persons
and not for the operator's account,
This bill mdifies HB 62 1 hm the 2007 Legislative Session to Mer limit the exemption by making
it only applicable to gods that are stored in a pubic warehouse facility which is not ownd by the
OfAceofChWAppraiser
2949 N. Skmmms Fmway, Ddb, Texas 75247
2144314520 dallascad.~ Page 65 of 80
person who owas the gods. I have attached a wpy of my letta fiom June 2007 that explained the
origd gds-in-transit biH, HB 62 I.
The amendment also quim that another vote be taken to opt out of the exemption Ween October
1,201 1 and December 31,201 1, in order to tax the goods for 2012. This is done by taking positive
action to tax the gods before January 1,201 2 or by January 1 of any subsequent tax year of the first
tax yw that the governing body propose to tax goods-in-transit. This must be done by official action
of the governing body of the taxing unit. Before that can happen, the governing body of the taxing unit
must wnduct a public haring. If the governing My of a tmmg unit provides for the taxation of the
goods-in-transit as provided by this bill, the exemption prescribed does not apply to that unit. The
goods-in-transit remain subject to taxation by the taxing unit until the governing body of the taxing
unit, in the manner required for official action, kds or repeals its previous action to tax win-
transit, or ootherwie detmmhes that the exemption will apply to that taxing unit.
Based on the above, if your taxing unit does not act to tax these goods, they will become eligible for
this exemption on January 1, 2012. In order to assist you in miking this decision, our office has
prepared an estimate of the amount of value lost in your jurisdiction if you allow the gods to receive
the exemption This estimate is based on 201 1 valua. I have also included a summary of how much
value was lost in your jurisdiction to the existing Freeport law in 201 1.
Remember if you chse to tax thw goods, you must act before January 1,2012. This includes
allottmg enough time to wnduct the required public hdg. I am providing this letter to help your
agency make an informed decision on this exemption. The Was Central Appraisal District has no
position on this issue and will administer the exemption according to your wishes. Please review the
information we have provided. If you have any questions feel free to contact me.
W. Kenneth Nolan
Executive DirectorlChief Appraiser
Attachments
Office of ChW Appraiser
2949 N. Stemmons Freaway, Dallas, Texas 75247
21 44314520 dallascad.org Page 66 of 80
Goods in Transit Possible loss in Addition to Freeport Loss
Dallas County
Addison
Balch Springs
Carrollton
Cedar
Hill
Cockrell Hill
Combine
Coppell
Dallas
Desoto
Duncanville
Farmers Branch
Ferris
Garland
Glen Heights
Grand
Prairie
Grapevine
HighIand Park
Hutchins
Irving
Lancaster
Lewisville
Mesquite
Ovilla
Richardson
Rowlett
Sachse
Seagoville
Sunnyvale
University Park
Wilmer
Wylie
Carrollton Farmers Branch
Cedar
Hill
ISD
Coppell ISD
Dallas ISD
Desoto IS0
Duncanville IS0
Ferris IS0
Enempt Freeport Goods in Transit
Inventory Potentlal Loss Total Potential Loss
$4,333,380,886 $574,927,017 $4,908,307,903
Cities
$0
$1,209,459
$255,735,647
$4,509,186
$0
$0
$258,218,740
$1,202,715,061
$0
$0
$169,024,461
SO
$345,346,456
$0
$190,156,791
$54,485,267
SO
$21,642,177
$0
$24,927,975
$0
$88,151,396
$0
$0
$858,689
$0
$1,200,304
582,5 14,920
$0
$7,188,996
$0
School Districts
$534,486,678 $23,527,012
$4,509,186 $249,020
$374,818,462 $16,708,755
$1,231,408,933 $198,897,420
$0 $43,401
$80,857,262 $181,330
$0 $0
Page 67 of 80
Garland 1SD
Grand Prairie IS0
Grapevine-Colleyville
Highland Park ISD
Irving IS0
Lancaster ISD
Mesquite ISD
Richardson ISD
Sunnyvale ISD
Dallas Cnty FCD #1
DCURD
Oenton County LID #1
Denton County RUD #1
Denton Co LIMland RUD#1
Grand Prairie Metro URD
Irving FCD Sect 1
Irving FCD Sect 3
Lancaster MUD #1
Northwest Dallas Co FCD
Vaiwood
Special Districts
$31,151,861 $355,174
$53,590,179 $46,433
$0 $0
$0 $0
$0 $0
$1,152,724 $0
$20,946,172 $674,495
$0 f 0
$0 $0
$0 $0
$128,428,430 $7,327,298
Page 68 of 80
Dab Central Apprskal Dbtrict
June 14,2007
The 80' Session of the Texas Legislature adjourned on May 28,2007. bong the bills that were passed by
the kgislatm was House Bill 62 1 (mdled mpy amdd). lk bill was @Oaed as follows:
%elating to the exemption &om ad val:om taxation of Wle pmd property held
tempomdy at a locrtion iu this state for assembling, dohg, manufn- p-
or fabrimting pupam,"
This bill allows for a EW of T-rt exemption" and is the dg legislation fbr SJR. 6 that was
passed by the 7? Legislature and phced on the ballot and appmved by the vom in 2001. The ahhg
Freeport legislation that has been authorized by the Texas Constitution and Section 1 1.25 1 of the Property
Tax Code dows F-rt goods that lave the state within 175 days to be exempt from dm This law
has ken in effkct since 1990. HI3 621 adds a new ex@m that allows goods lo k exempt iftbey are
shipped to another lucation either hide or outside the State of Tans within 175 days. TIE pds eligible
for the exemption must be held in a ldon in this statt that was not owned by, or under the cmtm1 of, the
owner ofthe goods. An "owndip inM in" does not k1ude a lea* but rather was miended to inchde
partndps, joint ven- or dliate ownexship of a Mty. With that in mind, the meaning of "direct or
indirect ownership interest'' in the Imtion where ibe goods-itransit are detained is unclear as to whk a
Mon that is leased, or subject to a lease pwdwe option, would qualify. It is quite possible that many
large retaiIm who maintaixl inventory in a warehouse that they dy own could opt to sen the facility,
lease it from the new om, d apply for tk new exemption.
The bill requires 2hat a taxing unit can opt oat ofthe exemption by taking positive action to tax the goods
befbre Sammy 1 ofthe firsttax yearthat~guvemhgbodypmposestotm gm&in-tmmit. This must be
dme by official action of the govmhg body ofthe laxing unit. Befm that can happ, the governing body
of tbe unit must conduct a public hearing. If the governing My of a taxing unit provides for the
tma!ion ofthe gods-in-wit as provided by this bill, the exemption dm not apply to tbat unit
The g~~~t remain subject to taxation by the faxing unit until the gaverniqg My of the taxing unit,
in the manner required for &cia1 don, minds or repeals its prevjoua action to tax goadsin--it, or
otherwise detednm that the exemption will apply to that taxing unit.
offieeot~~chlef~
2949 N, Stem- Fw WLas, Texas 752474 95 (214) 631-0520
Web Site: w.d!llascad.m
Page 69 of 80
Based on the afomnentiod, if your tmhg unit h not act to ta k gmls, they wiU become eligible
for this exemption on January 1,2008. In order to assist you in makingthis decision, our office has jmpd
an estimrde of the amount of vaRte lost in your jurisdiction if you allow the gods to mive the exemption.
This estimate is bed on 2007 values and a liberal intapmion of the qbon of wktkr or not a 1-
cmdbtes control of the real in which the gods are stmd I have dm included a fllmmary of how
much value was Iost in your jurisdiction to the existing Fmprt law in 2006.
Remember if you choose to tax these gd, you must act WOE January 1,2008. This includes allotting
enough time to wmht the requkd public k8. I am providing this letter to help your agency make an
idom& decision on this exemption. The Dallas Central Appmid Wct has no @&ion on this issue and
will admiaister the exemption amrdmg to your wishes. Please review the infomation we have provided. If
you have my questions feel free to atact me,
W. Kenneth Nolan
Executive DhtorrChief Appraiser
Page 70 of 80
S.B. No. 1
assisting the comptroller In the identification of persons entitled
to unclaimed property reported to the comptroller, the name,
address, social security number, and date of birth of each person
about whom the comnclssion has such information in its records.
SECTION 47.04. The Department of Public Safety, the Employees
Retirmnt System of Texas, the Teacher Retiremnt System of Texas,
and the Texas Workforce Commission shall provide information to the
comptroller as required by Subsection (a 1, Section 411.0111, and
Subsection (a) , Section 821.010, Government Code, end Subsection
(a), Section 301.086, Ubor Code, as amended by this article,
beginning in 2036.
SECTION 48,Ol. Subsection (a), Section 11.253, Tax code, is
amended by amending Subdivision (2) and adding subdivisions (5) and
(6) to read as follows:
(21 wGoods-in-transftn means tangible personal property
that:
(A) is acquired in or imported into this state to
be forwarded to another location in this state or outside this
state;
(B) is stored under a contract of bailmant by a
public warehouse operator 1-1 at one or more public
warehouse faeilitias 1-1 in this state that we not in any
0 {Or] the owner of the personal
property ti1
for the account of 1-
Page -125 -
Page 71 of 80
S.B. No. 1
-1 the ppeson who acquired or inported the
property;
IC) is transported to another location in this
state or outside Chis state not later than 175 days after the date
the person acquired the property in or imported the property into
this state; and
ID) does not include oil, natural gas, petroleum
products, aircraft, dealer* s motor vehicle inventory, dealer's
vessel and outboard motor i nvantory, dealer's heavy equipment
inventory, or retail manufactured housing inventory.
15) "Bailee" and "warehouseu have the meanings assigned
by Section 7.102, Business i Commerce Code.
[ 6) "Public warehouse onerator" means a person that :
(A) ia both a bailee and a warehouse; and
(B) stores under a contract of bailment, at one or
more public warehouse facilities, tangible personal property that
is owned by other persons solely for the account of those persons
and not for the operator's account,
SECTION 48.02. Section 11.253, Tax Code, is amended by
amending Subsections (el and Ih) and adding Subsections (j-1) and
(j-2) to read as follows:
{el In determining the market value of goods-in-transit that
in the preceding year were [-) stored[-
-1 in this state, the chief appraiser shall
exclude the cost of equlpnent, machinery, or materials that entered
into and became component parts of the goods-in-transit but were
Page -126 -
Page 72 of 80
S.d, No. 1
not themselves goods-in-t ransit or that were not transported to
another location in this state or outside this state before the
expiration of 175 days after the date they were brought into this
state by tha property owner or acquired by the property owner in
this state. For component parts held in bulk, the chief appraiser
may use the average length of th a component part was held by the
omer of the component: parts during the preceding year at a
location in this state that was not owned by or under the control
of the owner of the component parts in determining whether the
component pasta were transported to another location in this state
or outside this stete before the expiration of 175 days.
(hl The chief appraiser by written notice delivered to a
property owner who claims an exemption under this section may
require the property owner to provide copies of property records so
the chief appraiser can detedne the amount and value of goods-in-
transit and that the location in this state where the goods-in-
transit were detained for storage 1-
-1 ua9 not owed
by or under the control of the omer of the goods-in-transit. If
the property owner fails to deliver the information requested in
the notice before the 31at day after the date the notice is
delivered to the property owner, the property mer forfeits the
right to claim or rece5ve the exemption for that year.
( j-2 I Notwithstanding Subsection (5 ) or of fieial action that
was taken under that subsection before October 1, 2011, to tax
goods-in-transit exempt under Subsection (b) and not exempt under
Page -127 -
Page 73 of 80
S.B, No. 1
other law, a taxing unit may not tax such goods-in-transit in a tax
year that begins on or after January 1, 2012, unless the governing
bdy of the taxing unit takas action on or after October 1, 2011,
in the manner required for official
action
by the qoverning My,
to provide for the taxation of the goods-in-transit. The official
action to tax the goods-in-transit must be taken before January 1
of the first tax year in which the governing body proposes to tax
goods-in-transit . Before act ins to tax the exemt property, the
qoverning body of the taxing unit must conduct a public hearing as
required by Section 1-n(d), Article VIII, Texas Constitution. If
the governing body of s taxing unit provides for the taxation of
the goods-in-transit as provided by this subsection, the exemption
prescribed by Subsection (b) does not anply to that unit. The
goods-in-transit remain subject tp taxation by the taxing unit
until the governing body of the taxing unit, In the manner required
for official action, rescinds ar repeals its previous action to tax
goods-in-transit or otherwise detaanes that the exemption
prescribed by Subsection {b) will apply to that taxing unit.
(1-2) Notwithstanding Subsection (j-1), if under Subsection
Jj) the governinq body of a taxing unit, before October 1, 2011,
took action to provide for the taxation of goods-in-transit and
pledged the taxes imposed on the gocds-in-transit for the payment
of a debt of the taxing unit, the tax officials of the taxing unit
may continue to impose the taxes against the goods-in-transit until
the debt ia discharged, if cessation of the imposition would impair
the obligation of the contract by which the debt was created.
Page -128 -
Page 74 of 80
8.8. No. 1
SECTION 48.03. SuMivision (21, Subsection (I)P Section
11.253, Tax Code, as amended by this article, applies only to an ad
valorm tax year that bgins on or after January 1, 2012,
IIm
Y
ARTICLE 49. FIS- MATTERS CQNCEEWING ADVANCED PLACEHENT
SECTION 4 9.01. Subsection (h) , Section 28.053, Education
Code, is mended to- read as 1011~~s :
Ihl The cwmnissioner may enter into agreements with the
college bard and the International Baccalaureate Organization to
pay for all examinations taken by eligible publie athool etudents.
An eligible student is a student Ism] whoi
(1) takes p 6011sge advanced placement or international
baccalaureate course at a public school or who is recommesrded by
the student's principal or teacher to take the test; and
(21 demonstrates financial need 8s determfned in
accordance with guidelines adopted by the board that are consitstent
with the definition of finencia1 need adopted by the callgsei hard
or the International Baccalaureate Organization.
-TI= 50. FISCAL MATTERS CONCERNING TUXTIObl EXEHPTIOHS
SECTION 50.01. Section 54.239, Education Codec is amended by
amding Subsection (c) and adding Subsectian {c-1) to read a8
follows :
(el To be eligible far an exemption under this aection, a
Page -129 -
Page 75 of 80
St
a
f
f
Re
c
o
m
m
e
n
d
a
t
i
o
n
City
Answer
Contact
RESULTS: Out: 28 In: 3 Undecided: 7 Total Responses: 38
1. IN Kennedale The City of Kennedale will be opting in. Amethyst Cirmo
[acirmo@cityofkennedale.com]
2. OUT Grand Prairie Grand Prairie plans to opt out. Tom Hart [Thart@GPTX.org]
3. OUT Hurst Hurst will recommend opting out to our Council. Allan Weegar
[aweegar@ci.hurst.tx.us]
4. Southlake We will discuss this with our Council next month Shana Yelverton
[syelverton@ci.southlake.tx.us]
5. OUT Stephenville We are going to opt out.
Mark Kaiser
[MKaiser@ci.stephenville.tx.us]
6. OUT Richardson plans to opt out and will recommend to our City Council in early
October.
David Morgan
david.morgan@cor.gov
7. OUT Euless Euless plans to opt out in October
Gary McKamie
[gmckamie@eulesstx.gov]
8. OUT Waxahachie The City of Waxahachie plans to opt out.
Paul K. Stevens
[pstevens@waxahachie.com]
9. OUT Lewisville Lewisville plans to opt out. Donna Barron
[dbarron@cityoflewisville.com]
10. OUT Frisco Frisco will take this item up on our October 4th council agenda with the
recommendation to opt out.
Ben Brezina
[BBrezina@friscotexas.gov]
11. Weatherford The City of Weatherford will be discussing this with the Council in October. Jerry Blaisdell
[jblaisdell@weatherfordtx.gov]
12. OUT Hudson Oaks Hudson Oaks City Council will consider the issue in October and staff's
recommendation will be to opt out.
Sheri Campbell-Husband
[sheri.campbell@hudsonoaks.com]
13. Fort Worth There is no reaction from City of Fort Worth at this time. Staff will be
making a presentation to the Council Legislative Committee on October
18th and will be seeking direction from council at that time.
Sexton, Pamela R
[Pamela.Sexton@fortworthtexas.gov]
14. OUT Denton Denton is scheduled to consider this matter on Oct 4. Staff is
recommending that the Council “opt out” of providing the exemption and
continue taxing goods-in-transit. This is the same action they took in 2007.
Fortune, Jon E.
[Jon.Fortune@cityofdenton.com]
15. Forest Hill The City of City Council will discuss and consider SB 1 in October. Sheyi I. Ipaye
[sipaye@foresthilltx.org]
Page 76 of 80
16. OUT Haltom City Will consider the issue in October with a staff recommendation to opt-out. Tom Muir [tmuir@haltomcitytx.com]
17. OUT Farmers
Branch
Will consider opting out in October. Gary D. Greer
[gary.greer@farmersbranch.info]
18. OUT Roanoke We're going to opt-out (to keep from granting the exemption). Jimmy Stathatos
[mailto:jstathatos@roanoketexas.com
]
19. OUT Plano Plano will be opting out of the exemption and plan on taking to council the
1st meeting in November.
Mark Israelson [Marki@plano.gov]
20. OUT University
Park
We are taking this issue to our Finance Advisory Committee for a
recommendation to Council. Staff will recommend opting out.
Bob Livingston
[blivingsto@uptexas.org]
21. Fairview We have not yet decided in Fairview. John Godwin
[mailto:jgodwin@fairviewtexas.org]
22. OUT Joshua City Council will consider this item in October. Staff recommendation will be
to opt out.
Paulette Hartman
[citymanager@cityofjoshuatx.us]
23. OUT Lancaster The City of Lancaster will be considering the item at the October 10th
Council meeting with staff recommendation to opt out and not grant the
exemption.
Robertson, Opal
[ORobertson@lancaster-tx.com]
24. OUT Lewisville Lewisville will consider at Oct 17 or Nov 7 meeting with a staff
recommendation to opt out.
Claude King
[cking@cityoflewisville.com]
25. OUT North
Richland Hills
The City of North Richland Hills will be considering this issue at a future
council meeting with a staff recommendation to opt out and not grant the
exemption.
Mark Hindman
[mhindman@nrhtx.com]
26. OUT Coppell Coppell will be opting out - not recognizing the exemption. Clay Phillips
[CPHILLIPS@coppelltx.gov]
27. OUT Royse City In Royse City, we will be briefing our Council on the issue in October. Staff
will likely recommend to opt-out and not grant the exemption.
Bill Shipp [bill.shipp@RoyseCity.com]
28. OUT Colony The Colony will be opting out at our Oct 1st Council, meeting. Troy C. Powell
[tpowell@thecolonytx.gov]
29. IN Mesquite The City of Mesquite plans to opt-in and acknowledge the goods-in-transit
exemption.
Don Simons
[dsimons@ci.mesquite.tx.us]
30. OUT Sanger The Sanger City Council will consider it on 10/3. Staff’s recommendation is
to opt out and not grant an exemption.
Mike Brice [mbrice@sangertexas.org]
31. OUT Flower
Mound
Next month, staff will recommend to opt-out.
Harlan Jefferson
[harlan.jefferson@flower-mound.com]
32. Rockwall We will be briefing our Council in October. Couch, Julie [JCouch@rockwall.com]
33. IN Northlake Northlake will opt-in. Drew Corn
[DCorn@town.northlake.tx.us]
34. OUT Arlington Arlington’s Council will be getting briefed on this matter 9/27. Our
recommendation will be to maintain our current status and opt-out.
Trey Yelverton
[Trey.Yelverton@arlingtontx.gov]
35. OUT Trophy Club Trophy Club will not "opt-in"
Mike Slye [mslye@ci.trophyclub.tx.us]
Page 77 of 80
36. OUT Red Oak
The City of Red Oak will be taking it to Council at their meeting the second
Monday of October. Staff will be recommending to opt out.
Dana Argumaniz
[dargumaniz@redoaktx.org]
37. OUT Heath The City of plans to take this to the City Council meeting on October 4th,
next week and recommend to opt-out.
Ed Thatcher [ethatcher@heathtx.com]
38. Murphy Murphy will consider this item in November. James Fisher [jfisher@murphytx.org]
Page 78 of 80
AGENDAMEMO
(11/1/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:LizSpector,CitySecretary
SUBJECT:CONSIDERANDACT:onaresolutioncastingtheCouncil'svoteforthe fourth
memberoftheBoardofDirectorsoftheDallasCent ralAppraisalDistrict(DCAD)
BACKGROUND:
DallasCountyeligibletaxingentitieshaveapprove danoptionwhichallowsforrepresentationtothe
AppraisalDistrictBoardofDirectors(inaccordanc ewithSection6.03oftheTexasPropertyTax
Code).Therearefivemembersoftheboard.TheC ityofDallas,theDallasIndependentSchool
District,andtheDallasCountyCommissionersCourt haveonemembereach.Allotherincorporated
citiesandtownsinDallasCountyarerepresentedb yasinglememberandallotherindependent
schooldistrictsinDallasCountyarerepresentedb yasinglemember.Bystatelaw,theCityis
requiredtovoteforitsnomineebyofficialballot resolution.Thisresolutionisattachedforyour
review.
Mr.MichaelHurttisthecurrentBoardMemberrepre sentingthecitiesandtownsotherthanDallas.
TheCitiesofDeSoto,Sachse,Seagoville,FarmersB ranchandRichardsonhavenominatedMr.Hurtt
tocontinueinthisposition.TheCityofCombine hasnominatedMr.PaulNormantobethenew
representative.
TheCouncilshouldcasttheirvotestoapproveone ofthetwonomineeswiththisresolution.The
Councilmayalsochoosetoabstain.
RECOMMENDATION:
StaffrecommendstheCouncilapprovethenomination ofthecurrentBoardMember,Mr.Michael
Hurtt.
ATTACHMENTS:
DCADBoardofDirectorsNomination
Page 79 of 80
Page 80 of 80