HomeMy WebLinkAbout2014.03.18 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, March 18, 2014
PRE-MEETING WORK SESSIONS:
3:30 - 3:45 P.M. The City Council will meet in open work session with Director of Public
Works Bud Smallwood and other staff to review city policy on 15-minute parking
spaces. No action will be taken. Council Conference Room, 2nd floor, City Hall.
3:45 - 4 P.M. The City Council will meet in open work session with Director of Public
Works Bud Smallwood and other staff to discuss traffic signal pole design. No action
will be taken. Council Conference Room, 2nd floor, City Hall.
4 - 5 P.M. The City Council will meet in open work session to receive agenda item
briefings from staff. No action will be taken. Council Conference Room, 2nd floor, City
Hall.
TO SPEAK ON AN AGENDA ITEM
Anyone wishing to address the Council on any item must fill out a green “Request to
Speak” form and return it to the City Secretary. When called forward by the Mayor,
before beginning their remarks, speakers are asked to go to the podium and state their
name and address for the record.
I.CALL TO ORDER
A.INVOCATION: Councilmember Tommy Stewart
B.PLEDGE OF ALLEGIANCE: Councilmember Tommy Stewart / Boy Scouts
C.INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D.INTRODUCTION OF STAFF: Assistant City Manager Robbie Corder
II.CONSENT AGENDA
Consider and act on a request from Council for Life to conduct a 5K
benefit run on certain city streets
A.14-035
Staff Report
Council for Life Race 2014 Ltr.pdf
Council for Life UP Race Route.pdf
Attachments:
Page 1 City of University Park Printed on 3/13/2014
March 18, 2014City Council Meeting Agenda
Consider and act on a proposal from Binkley & Barfield for engineering
services associated with design of six traffic signals
B.14-033
Staff Report
BBCP Proposal for Traffic Signal Design
Attachments:
Consider and act on a proposal from Binkley & Barfield for engineering
services associated with design of water and sanitary sewer
improvements
C.14-037
Staff Report
BBCP Proposal for SS Main and Water Main Design
Attachments:
Consider and act on a contract with the City of Dallas to provide
wastewater services for the City of University Park
D.14-039
Staff Report
University Park Wastewater Contract
Attachments:
Consider approval of minutes of the March 4, 2014 City Council Meeting
with or without corrections
E.14-038
Staff Report
Meeting Minutes 2014-03-04
Attachments:
III.MAIN AGENDA
Consider and act on Ordinance abandoning certain street right-of-way to
the abutting property owner of 7320 Turtle Creek Blvd.
A.14-034
Staff Report
Appraisal - 7320 Turtle Creek ROW
Ordinance abandoning 7320 Turtle Creek ROW
Ordinance Exhibit - 7320 Turtle Creek Blvd.
Attachments:
Consider and act on an ordinance establishing the Over-65 and
Disabled Homestead Exemption amount at $288,000
B.14-041
Staff Report
Ordinance Setting Over-65 Homestead Exemption for 2014.docx
Attachments:
IV.PUBLIC COMMENTS
Anyone wishing to address an item not on the Agenda should do so at this time . Please
be advised that under the Texas Open Meetings Act , the Council cannot discuss or act
at this meeting on a matter that is not listed on the Agenda . However, in response to an
inquiry, a Council member may respond with a statement of specific factual information
or a recitation of existing policy. Other questions or private comments for the City
Council or Staff should be directed to that individual immediately following the meeting.
V.ADJOURNMENT
Page 2 City of University Park Printed on 3/13/2014
March 18, 2014City Council Meeting Agenda
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into Closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any Agenda items listed herein.
CERTIFICATE:
I, Elizabeth Spector, City Secretary, do hereby certify that a copy of this Agenda was posted on the
City Hall bulletin board, a place convenient and readily accessible to the general public at all times,
and on the City's website, www.uptexas.org, in compliance with Chapter 551, Texas Government
Code.
DATE OF POSTING:____________________________
TIME OF POSTING:_____________________________
________________________________
Elizabeth Spector, City Secretary
Page 3 City of University Park Printed on 3/13/2014
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/18/2014Agenda
TO:Honorable Mayor and City Council
FROM:Greg Spradlin, Chief of Police
SUBJECT:Council for Life 5k Benefit Run
BACKGROUND:
This is the 5th Annual Run for Life, but the secondtime it is taking place in the
City of University Park and on the Southern Methodist University(SMU) campus.
The event isscheduled for Saturday, April 19, 2014 between 9 and 10:30 a.m.
The race will begin and end at Gerald J. Ford Stadium on the campus. A map of
the portion of the race route conducted on City streets is attached for the City
Council’sreview.
Last year’s race had over 300 participants and the Council for Life anticipates
800 to 1,000entrants this year. The organization is working with Luke’s Locker
to organize and conduct the run. No problems were reported during last year’s
event.
Buckner Children and Family Services and the Gladney Center for Adoption are
the beneficiaries of the race.
RECOMMENDATION:
Staff recommends approval of this race providing no changes are made to the
race route for the event.
Chief Greg Spradlin
University Park Poice Department
3800 Univeristy Blvd
Univeristy Park, TX 75205
Dear Chief Spradlin:
This letter is to seek approval form the City of University Park for the Council for Life Family 5K
Run & Walk that will be passing through your jurisdiction on Saturday, April 19th 2013.
This is our 5th Annual Run for Life and the 2nd year to be taking place on SMU’s campus. Council
for life is an organization that began in Dallas over 13 years ago and has raised over $5 million
dollars for organizations in the Dallas community. We anticipate around 800-1,000 runners and
walkers from the Dallas and Ft. Worth community running and walking to support two worthy
beneficiaries – Buckner Children and Family Services and Gladney Center for Adoption. Our run
will start and end in SMU’s Ford Stadium. We have already gone through the approval process at
SMU. We are working with the professional’s at Luke’s Locker to execute the run.
On Saturday, April 19th we will be running and walking through some of the streets in the city of
University Park between 9:00 am – 10:30 am. I have enclosed a portion of our route map to detail
the areas where participants will be walking.
Safety is our top priority for the Run for Life. All of our runners, walkers, and volunteer crew
members have signed a liability waiver. Participants are required to follow all safety rules and
regulations of the event.
Thank you for your support,
Austin Jordan
2014 Council for Life Co-Chair
Phone: 214-205-7896
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/18/2014Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Traffic Signal Design
BACKGROUND:
The current Capital Projects budget includes replacement of three traffic signals in each
of the next ten years. Because of the timing in the current budget, staff proposes to
design six intersections, advertise and receive bids, and requestCouncil award of a
construction contract in late September. This would utilize two years of funding (FY2014
and FY2015). To that end we solicited a proposal from Binkley & Barfield, consulting
engineers, to provide the surveying and design of the following intersections:
Hillcrest at Binkley
Hillcrest at Granada
Hillcrest at Asbury
Hillcrest at McFarlin
Hillcrest at University
Hillcrest at Milton
The attached proposalin the amount of $76,000, provides surveying, engineering
design, and research necessary to develop plans and specifications associated with
replacement of the aforementioned intersections. As mentioned above, funds for the
engineering design and construction of the signal replacements is in the approved
Capital Projects fund, Acct No 44.44.4410 -Project No49500.2100.
RECOMMENDATION:
Staff recommends City Council approval of the Binkley & Barfield proposal in the amount
of $76,000, and authorize the City Manager to execute a contract with the company.
Binkley & Barfield-C&P, Inc. • TBPE F-3815 • 1801 Gateway Boulevard, Suite 101 - Richardson, Texas 75080 • Tel: 972.644.2800 | Fax: 972.644.2817
www.bbcpi.com
February 26, 2014
Gene Smallwood, P.E.
Director of Public Works
City of University Park
P.O. Box 8005
University Park, Texas 75205-1711
RE: Traffic Signal Design Proposal – Six Traffic Signals
BBCP Proposal No. PBCDFW1101
Bud:
At your request Binkley & Barfield | C&P Inc. (BBCPI) has submitted this proposal to
provide professional engineering services for the completion of traffic signal design
plans and specifications for the following intersections.
Hillcrest Avenue at Milton Avenue
Hillcrest Avenue at University Boulevard
Hillcrest Avenue at McFarlin Boulevard
Hillcrest Avenue at Asbury Avenue
Hillcrest Avenue at Granada Avenue
Hillcrest Avenue at Binkley Avenue
SCOPE OF SERVICES
We have developed the following list of engineering services that will be performed by
BBCPI in order to prepare traffic signal design plans for the referenced intersection.
A. BASE MAP PREPARATION
1. Collect available information from the City: utility information; right-
of-way information; and as-built plans.
2. Conduct topographic field survey.
3. Create base map of existing conditions utilizing AutoCAD.
B. PRELIMINARY PLANS
1. Design criteria: City of University Park design criteria and the Texas
Manual on Uniform Traffic Control Devices.
2. Aspects of plans:
a. Steel mast arm poles - 80 mph wind load design.
b. Paint color for poles to be Benjamin Moore #07164.
c. Vehicle detection and emergency vehicle pre-emption.
d. Signal pole foundations.
e. Vehicle and pedestrian signal controls.
f. LED signal lamps for all signal head hardware.
g. Traffic control and street name signs.
h. Controller unit, cabinet, and foundation.
i. Location of City and franchise utilities.
C. REVIEW AND FIELD CHECK OF PRELIMINARY PLANS
1. Submit to City for review.
2. Field check areas of concern as needed.
D. FINAL PLANS
1. Revise to reflect review comments.
2. Submit to City for approval.
E. DOCUMENTATION
1. Develop contract documents using City’s standard documents.
2. Prepare itemized cost estimate.
3. Submit copies to City for approval.
F. DELIVERABLES
1. One (1) digital copy of final design plans and contract documents.
2. One (1) original set of signed and sealed plans and documents.
3. Ten (10) sets of plans and contract documents for bidding purposes
(extra copies will be billed additionally).
G. BID SERVICES
1. Attendance to pre-bid meeting.
2. Attendance to pre-construction meeting.
3. Prepare bid tabulations and evaluation of bidders.
H. CONSTRUCTION SERVICES
1. Field location of signal poles with City forces (as needed).
2. Field location of power sources with City forces (as needed).
3. Preparation of as-built plans based on Contractor’s records.
I. ADDITIONAL SERVICES
The services listed below are not included in the proposed fee. This list is
not intended to be a non-exclusive list. Should these services be
requested an additional scope and fee will be prepared and submitted to
the City.
1. Design of ADA Ramps
2. Design of utility relocations to accommodate proposed signal poles
(e.g. storm, water, and sanitary sewer lines)
SCHEDULE AND COST ESTIMATE
The Consultant is prepared to begin work on this project upon your authorization to
proceed. We will provide preliminary signal plans for the City’s review within sixteen
(20) weeks of our notice to proceed. Final PS&E will be provided within four (4) weeks
of the City’s staff review.
We are prepared to complete the project as described in the Scope of Services section
for a maximum fee not to exceed seventy six thousand ($76,000). A fee breakdown is
as follows:
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/18/2014Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Sanitary Sewer & Water Design
BACKGROUND:
Prior to construction of a new bridge structure across Turtle Creek at McFarlin, a
sanitary sewer must be relocated. The attached sketch details the proposed route of the
new sanitary sewer. Staff solicited a proposal from Binkley & Barfield to provide the
necessary surveying and engineering services associated with development of plans
and specifications for the construction. A copy of the proposal, in the amount of
$45,475.50, is attached for Council review.
RECOMMENDATION:
Staff recommendsthat City Council approveof the Binkley & Barfield proposal in the
amount of $45,4755.50, and authorize the City Manager to execute a contract with the
company.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/18/2014Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Wastewater Contract with the City of Dallas
BACKGROUND:
The City of University Park and the Town of Highland Park currently purchase wholesale
wastewater services from Dallas. In other words, Dallas treats wastewater from the City
and the Town under a contract which expired on February 22, 2014. Because of on-
going review of the new agreement, Dallas continued the expiration date. Numerous
meetingswith UP, HP, and Dallas staff, including review by all three City Attorneys,
resulted in the proposed 30-year contract attached tothis memo.
RECOMMENDATION:
Staff recommends City Council approval of the Wholesale Wastewater Contract between
Dallas and the City of University Park.
1
PROPOSED
WHOLESALE WASTEWATER CONTRACT BETWEEN
CITY OF DALLAS AND CITY OF UNIVERSITY PARK
STATE OF TEXAS §
§
COUNTY OF DALLAS §
THIS WHOLESALE WASTEWATER CONTRACT (“Contract”) is made and entered into
this the ____ day of ________, 2014, by and between the CITY OF DALLAS, a Texas home rule
municipality (hereinafter called “Dallas”), and the CITY OF UNIVERSITY PARK, a Texas home
rule municipality (hereinafter called "Customer").
WHEREAS, Customer currently purchases wholesale wastewater services from Dallas, and
Dallas currently provides wholesale wastewater services to Customer as set forth under the terms,
covenants, and conditions stated in the Current Contract; and
WHEREAS, Customer desires to continue to contract with Dallas for wholesale wastewater
treatment services and Dallas desires to continue to provide wholesale wastewater treatment service
to Customer; and
WHEREAS, from time to time, both Dallas and Customer have need to request the other to
furnish water and/or wastewater service to each other’s customers along common boundary lines
wherein only one of the parties has facilities available; and
WHEREAS, the Current Contract with Dallas will expire on February 22, 2014; and
WHEREAS, Dallas desires to enter into a new wholesale wastewater contract with Customer
and reciprocal water and wastewater agreement;
NOW, THEREFORE, Dallas and Customer, in consideration of the mutual terms, covenants,
and conditions contained in this Contract, agree as follows:
1.0 DEFINITIONS
1.1 “BOD” (BIOCHEMICAL OXYGEN DEMAND) means the quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20
degrees centigrade, usually expressed as a concentration (e.g. mg/L).
1.2 “Calibration” means to check, adjust, or standardize instrumentation for accuracy using
internal systems, specialized calibration equipment, or velocity tests.
2
1.3 “Current Contract” means that certain Wholesale Wastewater Contract effective February 22,
1984, by and between Dallas and Customer.
1.4 “Customer’s System” means the publicly-owned facilities of Customer for collection and
transportation of wastewater to the Point of Entry and any publicly-owned facilities of Customer
used exclusively or primarily for the pre-treatment of Industrial Waste.
1.5 “Dallas System” or “System” means the wastewater collection and treatment system, the
Publicly Owned Treatment Works (sometimes referred to as the “P.O.T.W.”), owned and operated
by Dallas.
1.6 “Delivery Facilities” means all publicly-owned facilities of Customer (transmission mains,
valves, manholes, and other similar facilities and appurtenances) necessary for transmission of
wastewater to the Dallas System. The term includes facilities which are on the Customer side of the
metering facility which are constructed specifically to allow Dallas to serve Customer. The term
excludes metering facilities.
1.7 “Director” means the Director of the Department of Dallas Water Utilities or the Director’s
designated representative.
1.8 “Incompatible Waste” means substances that are not amenable to the treatment processes
which will interfere with the operation of the Dallas System P.O.T.W., including interference with
the use or disposal of municipal sludge, and pollutants that will pass through the treatment works
unchanged by the treatment processes.
1.9 “Industrial Waste” means all wastewater or other water-borne solids, liquids, grease, sand, or
gaseous substances resulting from an industrial, manufacturing, or food processing operation, from
the operation of a food service establishment, from the development of a natural resource, or from
any other nondomestic source, or any mixture of these substances with water or normal domestic
wastewater.
1.10 “Industry” means a person or establishment that is recognized and identified in the 1972
Standard Industrial Classification Manual, Executive Office of the President: Office of Management
and Budget.
1.11 “Infiltration Water” means water that has migrated from the ground into the wastewater
system.
1.12 “Inflow” means water other than wastewater that enters a sewerage system (including sewer
service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains,
area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross
connections between storm sewers and sanitary sewer catch basins, cooling towers, storm waters,
surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from,
infiltration.
3
1.13 “Interference” means a discharge that, alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the wastewater system, its treatment processes or operations,
or its sludge processes, use, or disposal.
1.14 “Metering Facility” means the meter, meter vault, and all metering and telemetering
equipment required to provide wastewater service to the Customer at the point of entry.
1.15 “Normal Domestic Wastewater” means wastewater normally discharged from the commodes
or sanitary conveniences of dwellings (including apartment houses and hotels), office buildings,
factories and institutions, free from storm or ground water and Industrial Waste.
1.16 “Point of Entry” means the location of the metering facility or, where no metering facility is
utilized, the Dallas city limits line, where wastewater leaves Customer’s System and enters into the
Dallas System.
1.17 “Pretreatment Standards” means pollutant concentration discharge limitation requirements
stipulated in Chapter 49 of the Dallas City Code and the Customer’s City Code as hereinafter
amended, and national pretreatment standards, including but not limited to prohibitive discharge
limits established pursuant to Title 40, Code of Federal Regulations, Part 403.5, as amended.
1.18 “Prohibited Substance” means substances that are prohibited from being discharged into
Dallas’ System and Customer’s System as listed in Chapter 49 of the Dallas City Code and the
Customer’s City Code as hereinafter amended, except that if more stringent pretreatment standards
are promulgated for certain industrial users by the United States Environmental Protection Agency,
the more stringent Federal regulations shall apply to that class of sewer users.
1.19 “Regulations Governing Connections” means all terms of this Contract and federal, state, and
local civil, administrative and criminal statutes, ordinances, rules and regulations, however adopted
or enacted, which relate to the installation and connection to the connections, meters and laterals of a
wastewater system.
1.20 “Significant Industrial User” means an industrial user that is subject to categorical
pretreatment standards under Title 40, Code of Federal Regulations, Part 403.6, as amended, and
Title 40, Code of Federal Regulations, Chapter I, Subchapter N, as amended, or:
(i) discharges 25,000 gallons per day or more of process wastewater into Dallas’
wastewater system, excluding sanitary, noncontact cooling, and boiler blowdown wastewater;
(ii) contributes a process wastestream that makes up five percent or more of the average
dry weather hydraulic or organic capacity of the treatment plant of wastewater system; or
(iii) is designated as a significant industrial user by the control authority on the basis that
the industrial user has a reasonable potential for adversely affecting the wastewater system’s
4
operation or for violating any pretreatment standard or requirement in accordance with Title 40,
Code of Federal Regulations, Part 403.8(f)(6), as amended.
1.21 “State Rules” means Texas Commission on Environmental Quality Rules, Chapter 217 -
Design Criteria for Domestic Wastewater Systems, as amended.
1.22 “Surcharge Rate” means a rate calculated so as to include a charge for either BOD or TSS or
both in excess of 250 milligrams per liter (mg/l) or limits as approved by the Dallas City Council.
1.23 “TSS” (TOTAL SUSPENDED SOLIDS) means solids that either float on the surface of, or
are suspended in, water, wastewater, or other liquids and that, in accordance with standard methods,
are removable by a standard, specific laboratory filtration device.
1.24 “Wastewater” means water-carried waste.
1.25 “Winter Months” means the billing months of December, January, February, and March.
2.0 DELIVERY AND METERING FACILITIES
2.1 Delivery Point. Dallas agrees to accept wastewater from Customer at the point(s) of entry
delineated in Exhibit B, attached to and made a part of this Contract, and at such additional points as
may later be mutually agreed upon by both parties.
2.2 Cost of Delivery Facilities. The cost of all delivery facilities necessary to convey wastewater
to designated points of entry and connect Customer’s System to the Dallas System whether
delineated in Exhibit B or mutually agreed upon at a later date, shall be borne by Customer. Unless
otherwise mutually agreed to by Dallas and Customer, Customer shall be responsible for the design,
according to Dallas’ standard requirements, contracting, construction, and financing of delivery
facilities and acquisition of any necessary rights-of-way.
2.3 Oversizing of Delivery Facilities – Dallas Request. Dallas may elect to require oversizing
of the delivery facilities for the benefit of Dallas or other parties. If Dallas elects to oversize delivery
facilities, Dallas shall be responsible for the oversizing costs to the extent of the documented
difference in costs between the size of Customer’s required delivery facilities and the oversize
specified by Dallas.
2.4 Approval of Plans; Inspection. All designs, materials, and specifications shall conform to
Dallas requirements and shall be submitted to Dallas for written approval. Customer agrees that
Dallas has the right to make periodic inspections during the construction phase of the delivery
facilities. Final acceptance of completed delivery facilities is subject to the written approval of
Dallas. Dallas agrees that any approval or consent of Dallas or the Director required by this section
shall not be unreasonably withheld or delayed.
5
2.5 Meters and Meter Vaults. Unless otherwise agreed by both parties, Customer shall design
and construct meter vaults, meters, and all associated facilities at each point of entry. Dallas shall
obtain power and telemetry service in connection therewith, if needed. Replacement of metering
facilities occasioned by obsolescence due to age or excessive maintenance, as determined by Dallas,
shall be the responsibility of Dallas. Replacement of metering facilities necessary due to growth or
reasons other than obsolescence due to age or excessive maintenance, as determined by Dallas, shall
be at the cost and the responsibility of Customer, and it will be subject to the approval of Dallas.
2.6 Property and Rights-of-Way. Customer shall acquire all property, easements, or rights-of-
way necessary for construction of metering and delivery facilities located on the Dallas side of the
metering facility.
2.7 Conveyance of Facilities to Dallas. Customer agrees that after final inspection and approval
by the Director of metering and delivery facilities located on the Dallas side of the metering facility,
Customer shall convey title to those facilities and property, easements, or rights-of-way in
conjunction therewith to Dallas. Upon Customer’s conveyance of title of the property and facilities
by appropriate instrument and acceptance by Dallas of the property and facilities, Dallas shall be
responsible for operation and maintenance of the metering facilities and any delivery facilities
located on the Dallas side of the metering facility.
2.8 Additional Delivery Points. Customer may at any time during the term of this Contract
request additional Delivery Points under this Contract. The additional Delivery Points are subject to
approval by the Director and shall, when so approved in writing, be deemed to be made a part of this
Contract, thereby amending Exhibit B of this Contract without need for a further written
supplemental agreement or Dallas City Council approval.
3.0 METER MAINTENANCE AND TESTING
3.1 Accuracy of Meters. It shall be the duty of either party to this Contract to notify the other
party in the event that a meter is registering inaccurately or malfunctioning so that the meter can be
promptly repaired. Either party shall have the right to test a meter. Notification of a proposed test
shall be provided at least 24 hours prior to conduct of the test, except in the case of emergencies.
Either party shall have the right to witness meter tests. If Customer requires an independent testing
service be used, Customer shall pay the cost of the testing service upfront. If the results of the
independent testing reveal the meter was not measuring within a generally accepted accuracy rate (+
or – 10%) of the existing reading, Dallas shall reimburse the Customer for the cost of the testing
service.
3.2 Meter Calibration. Dallas shall calibrate and routinely service the meters no less than once
during each six-month period or as recommended by the meter manufacturer. Calibration shall be
accomplished according to Dallas’ standard methods. Customer shall be notified of proposed
calibrations and may observe if so desired.
6
3.3 Meter Registration. If, for any reason, any meter is out of service or inoperative, or if, upon
any test, any meter is found to be inaccurate, registration thereof shall be corrected. Correction of
inaccurate meter registration will normally be based on the most recent correct registration, if such is
reasonably ascertainable. Alternatively, Customer and Dallas may agree to use future meter
registrations as the basis for correction. If future registrations are to be used as a basis for correction,
Dallas shall be allowed to bill Customer based on estimated amounts prior to rendering a corrected
billing. In no event will corrected billings be made for periods in excess of three billing periods prior
to notification of meter inaccuracy.
3.4 Check Meter. Customer may, at its option and its own expense, if approved by Dallas, install
and operate a check meter to monitor the Dallas meter, but the measurement of wastewater flow
delivered to the Dallas System for the purpose of this Contract shall be based solely on Dallas’
meters, except as otherwise provided herein. Customer’s installation of check meters shall not
interfere with operation of the Dallas wastewater collection system or Dallas metering equipment.
All such check meters shall be of standard make and shall be subject at all reasonable times to
inspection and examination by any employee or agent of Dallas. The reading, calibration and
adjustment of the check meter shall be made only by Customer, except during any period when a
check meter may be used under specific written consent by Dallas for measuring the amount of
wastewater delivered into the System, in which case the reading, calibration and adjustment thereof
shall be made by Dallas with like effect as if such check meter or meters had been furnished or
installed by Dallas.
4.0 RATES AND PAYMENT
4.1 Setting of Charges by Dallas Ordinance. Rates charged Customer shall be established by
ordinance of Dallas. The capital costs contributed by the Customer for Delivery Facilities and
metering facilities shall be excluded from the rate base.
4.2 Rate Setting Method; Notice of Change. Rates shall be established according to the
“Wastewater Rate Guidelines” contained in Exhibit A, incorporated herein, as if copied word for
word and made a part of this Contract. Customer understands that the Dallas City Council has the
right to change, by ordinance, the rates charged as needed to cover all reasonable, actual and
expected costs. Any change of rates shall be pursuant to principles set forth in the Wastewater Rate
Guidelines. Dallas shall give Customer a minimum of six (6) months written notice of intent to
change rates. Dallas will furnish Customer a draft copy of the Cost of Service Study for Proposed
Rates thirty (30) days prior to Dallas submitting a rate increase request to its City Council.
When the Director of Dallas Water Utilities determines that wastewater metering is not
feasible, Customer shall pay Dallas for wastewater service based on average winter month water
consumption for those connections discharging into the Dallas wastewater system, at the rate
provided in the prevailing ordinances of Dallas subject to increase or decrease without formal
amendment of this Contract, as said ordinances might be amended from time to time. (Water
consumption billings for the months of December, January, February, and March shall constitute the
winter months.). The calculation of wastewater discharged shall be as follows:
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100% water consumption for applicable connections for winter months divided by 4=
Average Winter Month Water Consumption.
Average Winter Month Water Consumption multiplied by the infiltration and inflow
adjustment factor as provided by the prevailing ordinances of Dallas as multiplied by the City
of Dallas’ prevailing Ordinance Rate = Amount Due Monthly
Customer understands and agrees that the wastewater entering the Dallas System emanating
from any source whatsoever must be given treatment and handling, whether or not its source is
revenue producing for Customer. Therefore, Customer agrees to pay for infiltration and inflow
without abatement in the same manner and cost as other wastewater.
4.3 Customer Protest. Customer agrees to give Dallas a minimum of thirty (30) days notice of
its intent to protest rates, or any other condition of service. Provided, however, that Customer is not
required to give a thirty (30) day notice of intent to appear before Dallas City Council to protest cost
of service studies.
4.4 Monthly Invoice. Each month during the term of this Contract, Dallas agrees to deliver to
Customer a statement of charges setting forth the amount of wastewater delivered to Dallas for
treatment for the period covered by the statement and any past due amounts carried over from prior
invoices (including accrued interest) (“the Monthly Statement”). Payment is due upon receipt of the
Monthly Statement. Customer agrees to pay promptly.
4.5 Late Payment. Customer agrees that a payment is deemed late if received by Dallas more
than 30 days after the date of the Monthly Statement. Late payments shall accrue interest at the
interest rate provided in Section 2-1.1 of the Dallas City Code, as amended, or as authorized by Ch.
2251 of the Texas Government Code, as amended, whichever applies. If any money due and owing
by Customer to Dallas is placed with an attorney for collection, Customer agrees to pay to Dallas, in
addition to all other payments provided for by this Contract, including interest, Dallas’ collection
expenses, including court costs and reasonable attorney’s fees.
4.6 Malfunctioning Meter; Estimated Payments. In the event a meter(s) is discovered to be
malfunctioning, the amount of Wastewater that has passed through the meter will be estimated for
each day the meter was not functioning correctly. The last correctly measured monthly flow, or
estimated flow, as set forth in Section 3.3 of this Contract, will be used as a basis for computing the
amount of Wastewater treated on behalf of the Customer during the time the meter was not
functioning correctly.
4.7 Disputed Charges. Dallas and Customer agree that any disputed charges on the Monthly
Statement shall be protested and resolved in accordance with Texas Government Code Section
2251.042, as amended. Customer agrees that in the event it disputes any portion of the charges on a
Monthly Statement, Customer will timely pay any undisputed amount in accordance with Section
4.4.
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5.0 WASTEWATER QUALITY
5.1 Industrial Wastes and Prohibited Substances.
Customer agrees that Dallas has the responsibility and authority to establish:
(i) the types and quantities of discharges that are prohibited for entry into the
Dallas System;
(ii) discharge prohibitions for certain substances, as may be amended from time to
time; and
(iii) pretreatment requirements for industries that discharge prohibited substances.
Customer shall require all Significant Industrial Users that ultimately discharge into the
Dallas System to obtain an industrial waste discharge permit. The permit shall require Significant
Industrial Users to abate prohibited substances from their waste stream and pretreat wastewater and
process wastewater where necessary as a condition of allowing the discharge of the wastewater into
Customer’s System. The permit application shall, at a minimum, contain the following information:
(i) a description of the activities, structures, equipment, and plant processes on
the premises, including a list of all raw materials and chemicals used or stored at the facility that are,
or could be, discharged into the wastewater system;
(ii) the site plans, floor plans, and mechanical and plumbing plans of the facility
with sufficient detail to show all sewers, floor drains, and appurtenances by size, location, and
elevation, and all points of discharge;
(iii) the number and type of employees and proposed or actual hours of operation
of the facility;
(iv) a list of each product produced by type, the amount of the product produced,
the process or processes used to produce the product, and the rate of production;
(v) the type and amount of raw materials processed (average and maximum per
day);
(vi) the time and duration of discharges;
(vii) a certification statement complying with the requirements of Section 49-51(m)
of the Dallas City Code, as amended, and signed by a designated authorized representative of the
applicant;
(viii) self-monitoring, sampling, reporting, notification, and record-keeping
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requirements, including an identification of the pollutants to be monitored, sampling location and
frequency, and sample type, based on the applicable general pretreatment standards, categorical
pretreatment standards, local limits, and the regulations of state law and Chapter 49 of the Dallas
City Code, as amended; and
(ix) best management practices if required by the pretreatment standards.
Dallas shall be provided with a copy of the application and permit within thirty (30) days
after permit issuance.
Customer agrees to conform to the water quality and pretreatment regulations contained in
Exhibit D, attached to and made a part of this Contract.
Customer agrees to seek injunctive or other appropriate relief against industrial discharge
sources whose discharge causes Interference, poses an imminent danger to public health, or when the
specific industry is not making sufficient progress toward completing a required and approved
pretreatment system.
Dallas Water Utilities’ Pretreatment and Laboratory Services Division (or another division as
designated by the Director) shall be provided with copies of all industrial monitoring data and
pretreatment enforcement actions by Customer each fiscal quarter.
5.2 Sampling and Testing
For the purpose of determining the type and strength of discharges, Customer agrees that
Dallas shall have the right to sample wastewater discharges at:
(i) the site of the discharge;
(ii) the point or points of entry of the discharge into Customer’s System; and
(iii) other locations as required.
Customer shall provide all possible assistance to Dallas in obtaining access to sampling
points.
Customer agrees that any individual customer found in violation of allowable discharges or
any individual customer who refuses access for the purpose of sampling shall be disconnected from
Customer’s System and the Dallas System. Provided however, that the violating individual customer
shall be afforded the same rights, privileges of appeal, and deficiency cure periods as are customers
operating within Dallas boundaries and under authority of Dallas ordinances.
In addition to other samples taken and tests made on an as-required basis, Dallas shall
regularly take twenty-four (24) hour composite samples of wastewater discharges at points of entry
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no less frequently than semiannually. Costs of sampling and testing shall be borne by Customer.
Customer may request that Dallas perform other tests in addition to those tests required by Dallas.
Should Customer request additional testing and Dallas agrees to provide the additional testing,
Customer shall reimburse Dallas for the cost of those tests.
Customer shall be provided with a copy of each sample test within thirty (30) days after the
date of taking of the sample.
All samples shall be analyzed in accordance with the latest edition of Standard Methods of
Examination of Water and Wastewater, published by the American Public Health Association, Inc.,
or the U.S. EPA (40 CFR Part 136) approved methods.
6.0 RATES FOR EXCESS STRENGTH DISCHARGES
6.1 Additional Charge
If the Customer’s wastewater discharge at the Point of Entry is determined to contain
concentrations of BOD and/or TSS in excess of the allowable discharge strengths, the Customer shall
be required to pay a wastewater surcharge fee in addition to the wholesale wastewater treatment fee
assessed under Section 4.0 “RATES AND PAYMENT” of this Contract.
At the effective date of this Contract, the allowable discharge strength is 250 mg/l for BOD
and 250 mg/l for TSS. Customer agrees that the Dallas City Council has the right to revise, by
ordinance, the allowable discharge strengths.
BOD and TSS strength determination will be based on a minimum of seven (7) days of
averaged lab data.
Customer shall pay Dallas for concentrations of BOD and TSS exceeding 250 mg/l at the rate
provided in the prevailing ordinances of the City of Dallas, subject to increase or decrease without
formal amendment of this Contract, as said ordinance might be amended from time-to-time. The
wastewater surcharge fee will be calculated every month based on the BOD and TSS lab test results
for that month. The surcharge fee will be assessed for the entire month in which the Customer’s
BOD or TSS exceeded 250 mg/l.
6.2 Calculation of Additional Amounts Due for Excess Strength
The wastewater surcharge fee shall be calculated in accordance with the Dallas City Code
Chapter 49. Any future ordinance changes related to the calculation of wastewater surcharges shall
apply to this Contract as if in effect at the effective date of this Contract. Provided, however, that
Customer shall be provided copies of future applicable ordinances and shall have an opportunity to
review and comment on same before the ordinances are formally adopted by the Dallas City Council.
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7.0 QUANTITY AT POINT OF ENTRY
It is understood and agreed that Dallas and Customer have an obligation to prevent entrance
of infiltration and inflow into Customer’s System and thence into the Dallas System. Customer
therefore agrees that all wastewater connections to Customer’s System which ultimately bring the
flow of Customer’s wastewater into the Dallas System will be constructed with a permanent type
material, carefully bedded to prevent over-stressing of the material and utilizing a joint which will
provide a permanent water-tight connection. Customer agrees that each such installation shall pass an
air test performed in accordance with applicable A.S.T.M. Standards and shall be done under the
supervision of Customer’s authorized representative at the time of installation. All tests shall be at
Customer’s expense. Each building lateral which interconnects private property to Customer’s
System shall be excluded from the air test requirements.
Customer agrees that the physical connection of each service line to Customer’s System shall
be the responsibility of Customer and shall not be left to the discretion of the plumber or contractor
unless the plumber or contractor is under the direct supervision of, or whose work is inspected by,
Customer’s authorized representative. Customer further covenants that all future trunk wastewater
lines added to Customer’s System which ultimately discharge into the Dallas System shall be:
(i) built in accordance with appropriate State of Texas design criteria, including
infiltration/exfiltration limitations; and
(ii) subjected, in representative sections of each new line, to an air test or
infiltration or exfiltration test at the time of installation, at the option of Dallas and at the sole
expense of Customer, to assure the State design criteria standards are met.
Customer also covenants that it will maintain strict supervision and maintenance of the
Customer’s System to prevent connections such as all roof drains or any other means by which
surface drainage can enter Customer’s System and thence the Dallas System.
8.0 PROTECTION OF WASTEWATER SYSTEM
It is mutually understood and agreed that only employees, agents, or contractors of Customer
shall be permitted to work on or make connections to those elements of the Customer’s System
which ultimately discharge into the Dallas System. Only qualified plumbers licensed by the State of
Texas shall be permitted to work on building laterals entering into those elements of the Customer’s
System which discharge into the Dallas System. It is further mutually understood and agreed,
however, that this provision shall be waived in the event that personnel of Dallas Water Utilities
Department find it necessary to enter Customer’s jurisdiction while performing their duties. Free
access shall be provided to those Dallas personnel in the pursuit of their duties.
It is mutually understood and agreed that Customer will maintain a careful inspection of
Customer’s System and will exercise diligence and care in the maintenance of Customer’s System
and in the installation of connections and laterals that may be connected with Customer’s System in
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order that the Dallas System not be burdened with excess discharge during rainy and wet weather.
Customer shall provide Dallas with annual reports regarding implementation of the maintenance
plan, as provided in Section 12 of this Contract, and copies of any reports required to be filed with a
state or federal agency relating to Customer’s System.
Laterals to private dwellings and public, commercial, or industrial buildings constructed in
Customer’s wastewater drainage area after the effective date of this Contract shall be of materials
jointly approved by Dallas and Customer. Each building lateral which interconnects private property
to Customer’s System shall pass a water test meeting minimum standards of the State Rules for
wastewater collection systems.
Customer understands, agrees and acknowledges that it has a continuing duty to provide for
and enforce the Regulations Governing Connections. Failure of Customer to comply with this duty
shall be sufficient grounds for Dallas, at its sole option, to restrict, limit, or terminate receipt of
wastewater flow from Customer to the extent Dallas deems necessary in order to protect the Dallas
System from damage due to excessive flows or flows containing a high concentration of
Incompatible Wastes. Dallas shall provide thirty (30) days written notice to Customer outlining the
specific violation(s) prior to restriction, limitation or termination, as applicable, should Customer fail
to correct all such violation(s) within thirty-three (33) days of the date of the notice. Nothing herein
shall limit Dallas' ability to restrict, limit or terminate service as set forth below. In the event of an
emergency that imminently threatens Interference or damage to any portion of the Dallas System, or
otherwise imminently threatens Dallas’ employees or the general public health and safety, Dallas
may restrict, limit, or terminate wastewater flow by telephone notice to Customer.
9.0 LIABILITY FOR DAMAGES AND RESPONSIBILITY FOR TREATMENT AND
DISPOSAL OF WASTEWATER
Liability for damages arising from the reception, transportation, delivery, and disposal of all
wastewater discharged by Customer under this Contract shall remain with Customer up to and
through the Customer side of the Point of Entry. With exception of Incompatible Wastes or
wastewater deemed to be a cause of Interference, upon passage through the Point of Entry into the
Dallas side, liability for damages and the handling and treatment of the wastewater discharged by
Customer shall belong to Dallas. As between the parties and to the extent allowed by law, without
waiving any sovereign governmental immunity available to each party, Dallas and Customer agree to
release, save, and hold the other party harmless from all claims, demands, and causes of action which
may be asserted by any person on account of the reception, transportation, delivery, and disposal
while wastewater is in the respective control of either Dallas or Customer. Dallas takes the
responsibility, as between the parties, for the proper reception, transportation, treatment, and disposal
of all wastewater received by Dallas from Customer at the Point of Entry. The provisions of this
Section 9 are solely for the benefit of the parties to this Contract and are not intended to create or
grant any rights, contractual or otherwise, to any other person or entity.
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10.0 ACCESS
10.1 Access to Customer Facilities. Customer agrees to provide ingress and egress to Customer’s
property located within Customer’s incorporated city limits for employees, contractors, and agents of
Dallas to install, operate, inspect, test, and maintain facilities and read meters owned or maintained
by Dallas; provided, however, Dallas’ employees, contractors, and agents shall at all times comply
with Customer’s policies regarding security and safety as may be adopted from time to time by
Customer for the purpose of safeguarding Customer’s System.
10.2 Access to Dallas Facilities. Dallas agrees to provide ingress and egress to Dallas’ property
located within Dallas’ incorporated limits for employees, contractors, and agents of Customer to
install, operate, inspect, test, and maintain facilities and read meters owned or maintained by
Customer; provided, however, Customer’s employees, contractors, and agents shall at all times
comply with Dallas’ policies regarding security and safety as may be adopted from time to time by
Dallas for the purpose of safeguarding the Dallas System.
11.0 CUSTOMER TO PROVIDE DATA
11.1 Classification of Customers.
Customer shall provide the following data to Dallas not later than January 15th of each year
during the term of this Contract:
(A) Actual number of Customer accounts feeding into the Dallas System.
(B) Classification, by number and percentage, of accounts feeding into the Dallas System
according to the following:
(i) Residential;
(ii) Multi-family;
(iii) Business/Commercial/Industrial (class and entity type shall be specified, e.g.,
restaurant, chemical manufacturer, etc.); and
(iv) Other
11.2 Water Consumption. Customer shall provide data and supporting documentation on total
water consumption for accounts feeding into the Dallas System during the four winter billing months
(December, January, February and March) to Dallas not later than the 15th of April of each year.
Billing months need not be calendar months. Where available, this total consumption should be
separated into consumption by type of account as listed in Section 11.1 (B) (i-iv) of this Contract.
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11.3 Additional Data Requirements. Customer may be required to provide additional data as
revised methodology for cost of service studies is developed. Provided, however, that Dallas shall
not request data that will require Customer to incur unreasonable expenses in providing such data,
except as otherwise provided in this Contract.
12.0 WASTEWATER MASTER AND MAINTENANCE PLANS
(A) Master Plan. Customer agrees to provide a comprehensive wastewater master plan to
Dallas within three years of the effective date of this Contract. The master plan shall include, but
shall not be limited to:
(i) population data, present and projected;
(ii) geography and topography data;
(iii) current and proposed treatment processes;
(iv) treatment alternatives;
(v) existing and projected discharge flows into the Dallas System;
(vi) existing and planned wastewater collection system maps in digital format;
(vii) existing and projected treated water usage for area which discharges into the
Dallas System;
(viii) existing and projected zoning (Residential, Industrial, Commercial)for area
which discharges into the Dallas System;
(ix) future development plans; and
(x) other data or information as is deemed necessary by the Director.
Customer agrees that the initial plan shall be for a twenty-year period. Customer further
agrees that the plan shall be reviewed jointly by Dallas and Customer and, if necessary, revised by
Customer at five year intervals.
The initial submittal requirement is waived if Customer has provided a plan acceptable to
Dallas within the last five years.
(B) Maintenance Plan. Customer agrees to provide a comprehensive wastewater
operations and maintenance plan to Dallas within three years of the effective date of this Contract.
The operations and maintenance plan must be updated not less than every five (5) years, or as
necessary to ensure compliance with the terms of this Contract. The operations and maintenance
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plan should be based on best management practices for capacity, management, operations and
maintenance (CMOM) and may include the following:
(i) Wastewater Collection System Map in digital format
(ii) Wastewater Collection System Inventory and Identification of Physical
Attributes
(iii) Wastewater Collection System Condition Assessment
(iv) Wastewater Collection System Capacity Evaluation under wet and dry
weather flow conditions
(v) Capital Improvement Program (CIP) Plan to repair, replace, rehabilitate
and improve wastewater system components based on condition and
performance
(vi) Annual goals for TV inspection and cleaning efforts.
(vii) Identification of the chemical(s) used for cleaning mains
(viii) Description of public outreach program to reduce grease and illegal
connections
(ix) Description of program(s) to reduce inflow and infiltration (I/I) in the
Customer’s system since I/I eventually outfalls to the City of Dallas
(x) Description of program to identify illegal connections (e.g., roof and street
drainage which is connected to the wastewater collection system)
(xi) Pretreatment program to inspect the discharge of large industrial users
13.0 PAYMENTS TO CONSTITUTE OPERATING EXPENSES BY CUSTOMER
Customer represents and covenants that the services to be obtained pursuant to this Contract
are essential and necessary to the operation of Customer and its local wastewater facilities, and that
all payments to be made hereunder by it will constitute reasonable and necessary “operating
expenses” of City’s waterworks and wastewater systems, within the meaning of Chapter 1502, Texas
Government Code, and the provisions of all ordinances authorizing the issuance of all revenue bond
issues of Customer which are payable from revenues of Customer’s waterworks and sewer systems.
Customer agrees throughout the term of this Contract to continuously operate and maintain its
waterworks and sewer system and to fix and collect such rates and charges for wastewater services to
be supplied by Customer’s waterworks and sewer system as will produce revenues in an amount
equal to at least (i) all of its payments under this Contract and (ii) all other amounts as required by
the provisions of the ordinances or resolutions authorizing its revenue bonds or other obligations
now or hereafter outstanding.
14.0 RIGHTS TO RETURN FLOWS
Customer understands, acknowledges, and agrees that Customer shall acquire no water rights
or title or right to the use, reuse, or recycling of wastewater diverted, entering or delivered to Dallas’
wastewater system.
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15.0 FORCE MAJEURE; INDEMNITY; REMEDIES; NO WARRANTIES
15.1 Force Majeure. Neither party shall be liable to the other party for any failure, delay, or
interruption in the performance of any of the terms, covenants, or conditions of this Contract due to
causes beyond their respective control or because of applicable law, including, but not limited to,
war, nuclear disaster, strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public
enemy, acts of superior governmental authority, floods, riots, rebellion, sabotage, terrorism, or any
other circumstance for which a party is not legally responsible or which is not reasonably within its
power to control. The affected party's obligation shall be suspended during the continuance of the
inability then claimed, but for no longer period. To the extent possible, the party shall endeavor to
remove or overcome the inability claimed with all reasonable dispatch.
15.2 Indemnification. To the extent allowed by Texas law, Customer agrees to defend, indemnify
and hold Dallas, its officers, agents and employees, harmless from any liability in claims,
administrative proceedings or lawsuits for judgments, penalties, fines, costs, expenses and attorney’s
fees for personal injury (including death), property damage, or other harm for which recovery of
damages is sought or suffered by any person or persons for violations of state or federal laws or
regulations, that may arise out of or be occasioned by: (i) a breach of this Contract by Customer; (ii)
the negligent act or omission of Customer in the performance of this Contract or in Customer’s day-
to-day wastewater utility operation; or (iii) the conduct of Customer that constitutes a violation of
state or federal laws or regulations. Provided, however, that the indemnity stated above shall not
apply to any liability resulting from Dallas’ sole violation of a state or federal law or regulation or
from the sole negligence of Dallas, its officers, agents, employees or separate contractors, and in the
event of the joint and concurring responsibility of the Customer and Dallas, responsibility and
indemnity, if any, shall be apportioned comparatively in accordance with the law of the State of
Texas, without waiving governmental immunity or any other defenses of the parties under applicable
Texas law. The provisions of this paragraph are solely for the benefit of the parties to this Contract
and are not intended to create or grant any rights, contractual or otherwise, to any other person or
entity.
15.3 Equitable Remedies. Recognizing that Dallas' and Customer's undertakings as provided in
this Contract are obligations, the failure in the performance of which cannot be adequately
compensated in money damages, Dallas and Customer agree that, in the event of any default, the
other party shall have available to it the equitable remedy of specific performance in addition to other
legal or equitable remedies which may be available to such party.
16.0 COMPLIANCE WITH LAWS AND REGULATIONS; REGULATORY BODIES
This Contract is entered into subject to and controlled by the Charter and ordinances of the
City of Dallas and all applicable laws, rules, and regulations of the State of Texas and the
Government of the United States of America. Dallas and Customer shall, during the course of
performance of this Contract, comply with all applicable State and Federal laws, rules and
regulations, as amended.
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Dallas must comply with all Federal, State and local government requirements to obtain
grants and assistance for system construction, studies, and other similar activities. Customer is
required to assist Dallas in compliance by setting adequate rates and complying with governmental
requirements, including, but not limited to, the requirements set forth in this Contract.
17.0 PUBLICATIONS, REFERENCE WORKS, GOVERNMENTAL REGULATIONS
In each instance herein where reference is made to a publication, reference work or Federal or
State regulation, it is the intention of the parties that, at any given time, the then current edition of
any such publication or reference work or Federal or State regulation shall apply. If a publication or
reference work is discontinued or ceases to be the generally accepted work in its field or if conditions
change or new methods or processes are implemented by Dallas, new standards shall be adopted
which are in compliance with State and Federal laws and any valid rules and regulations pursuant
thereto.
18.0 TERMINATION
Should Customer desire to partially or totally discontinue using the Dallas System, Customer
shall, for five (5) years or the balance of this Contract, whichever is less, remain liable for
wastewater charges at the billing level in effect at such cessation.
This obligation, once established, shall serve as liquidated damages and is intended to
compensate Dallas for the expenditures incurred on Customer’s behalf for the cost to provide
additional wastewater transmission, treatment, and disposal facilities. Provided, however, that Dallas
may waive Customer’s obligation in the event of nominal reductions based on Customer’s plans if
Dallas has received prior notice of the plans and concurred in the reduction. It is agreed by the
parties that such liquidated damages are a reasonable substitute for compensatory damages which are
difficult or impossible to calculate herein. This obligation is intended by the parties not to be a
penalty, but instead, a reasonable measure of damages.
Dallas shall have the right to terminate this agreement if Customer is more than six (6)
months delinquent in any payments required to be made to Dallas under this Contract, or is in
material breach of any obligation Customer has under this Contract.
19.0 TERM OF CONTRACT
The term of this Contract shall commence as of the date of its execution, which is also the
date of the resolution of the Dallas City Council approving this Contract, and shall remain in effect
for a period of thirty (30) years.
20.0. CONTRACT ADMINISTRATION
This Contract shall be administered on behalf of Dallas by the Director and on behalf of
Customer by its authorized official or designated representative.
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21.0 NOTICES
Except as otherwise provided in Section 22.0, any notice, payment, statement, or demand
required or permitted to be given under this Contract by either party to the other may be effected by
personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the
parties at the addresses appearing below, but each party may change its address by written notice in
accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after
mailing.
If to Dallas: If to Customer:
Director of Water Utilities City Manager
City of Dallas City of University Park
1500 Marilla Street, Room 4/A/North 3800 University Boulevard
Dallas, Texas 75201 Dallas, Texas 75205-1711
22.0 NOTICE OF CONTRACT CLAIM
This Contract is subject to the provisions of Section 2-86 of the Dallas City Code, as
amended, relating to requirements for filing a breach of contract claim against Dallas. Section
2-86 of the Dallas City Code, as amended, is expressly incorporated by reference and made a
part of this Contract as if written word for word in this Contract. Purchaser shall comply with
the requirements of this ordinance as a precondition of any claim relating to this Contract, in
addition to all other requirements in this Contract related to claims and notice of claims.
23.0 VENUE
The parties agree that this Contract shall be enforceable in Dallas County, Texas, and if legal
action is necessary to enforce it, exclusive venue shall lie in Dallas County, Texas.
24.0 GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas, without regard to conflict of law or choice of law principles of any
other state.
25.0 LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Contract shall be considered as
if such invalid, illegal, or unenforceable provision had never been contained in this Contract.
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26.0 CONFLICT OF INTEREST
The following section of the Charter of the City of Dallas shall be one of the conditions, and
a part of, the consideration of this Contract, to wit:
“CHAPTER XXII. Sec. 11. FINANCIAL INTEREST OF EMPLOYEE OR OFFICER
PROHIBITED --
(a) No officer or employee shall have any financial interest, direct or indirect, in any
contract with the City or be financially interested, directly or indirectly, in the sale to the City of any
land, materials, supplies or services, except on behalf of the City as an officer or employee. Any
violation of this section shall constitute malfeasance in office, and any officer or employee guilty
thereof shall thereby forfeit the officer’s or employee’s office or position with the City. Any violation
of this section, with knowledge, express or implied, of the person or corporation contracting with the
City shall render the contract involved voidable by the City Manager or the City Council.
(b) The alleged violations of this section shall be matters to be determined either by the
Trial Board in the case of employees who have the right to appeal to the Trial Board, and by the City
Council in the case of other employees.
(c) The prohibitions of this section shall not apply to the participation by City employees
in federally-funded housing programs, to the extent permitted by applicable federal or state law.”
For purposes of this Section 26.0, the word “City” means “City of Dallas.”
27.0 GIFT TO PUBLIC SERVANT
This Contract shall be subject to the following additional provisions:
(A) Dallas may terminate this Contract immediately if Customer has offered, or agreed to
confer any benefit upon a Dallas employee or official that the Dallas employee or official is
prohibited by law from accepting.
(B) For purposes of this section, “benefit” means anything reasonably regarded as
pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the
beneficiary has a direct or substantial interest, but does not include a contribution or expenditure
made and reported in accordance with law.
(C) Notwithstanding any other legal remedies, Dallas may require Customer to remove
any officer or employee of Customer from the administration of this Contract or any role in the
performance of this Contract who has violated the restrictions of this section or any similar state or
federal law, and obtain reimbursement for any expenditures made as a result of the improper offer,
agreement to confer, or conferring of a benefit to a Dallas employee or official.
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28.0 COUNTERPARTS
This Contract may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. If this Contract is executed in counterparts,
then it shall become fully executed only as of the execution of the last such counterpart called for by
the terms of this Contract to be executed.
29.0 CAPTIONS
The captions to the various clauses of this Contract are for informational purposes only and
shall not alter the substance of the terms and conditions of this Contract.
30.0 SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties and their respective
successors and, except as otherwise provided in this Contract, their assigns.
31. AUTHORIZATION TO ACT
By their signature below, the representatives of Dallas and Customer state that they are
authorized to enter into this Contract. Dallas and Customer shall each provide documentation that
this Contract has been authorized by its respective governing body.
32.0 ENTIRE AGREEMENT; NO ORAL MODIFICATIONS
This Contract (with all referenced Exhibits, attachments, and provisions incorporated by
reference) embodies the entire agreement of both parties, superseding all oral or written previous and
contemporary agreements between the parties relating to matters set forth in this Contract. Except as
otherwise provided elsewhere in this Contract, this Contract cannot be modified without written
supplemental agreement executed by both parties.
EXECUTED and effective as of the ___ day of __________, 2014, on behalf of Dallas by its City
Manager, duly authorized by City Council Resolution No. _________ adopted on February 12, 2014,
and approved as to form by its City Attorney; and on behalf of Customer by its duly authorized
officials.
APPROVED AS TO FORM: CITY OF DALLAS
WARREN M.S. ERNST A. C. GONZALEZ
City Attorney City Manager
BY________________________________ BY______________________________
Assistant City Attorney Assistant City Manager
21
CUSTOMER:
APPROVED AS TO FORM: CITY OF UNIVERSITY PARK
BY________________________________ BY______________________________
City Attorney City Manager
Exhibit A - Page 1 of 1
EXHIBIT A
WASTEWATER RATE GUIDELINES
BASIS FOR RATES:
Revenue requirements will be determined by Cost-of-Service Study on a utility basis at original cost.
RATE OF RETURN:
Dallas is to receive a rate of return on rate base, equal to the embedded interest rate on wastewater
revenue bonds, plus 1.5%.
RATE BASE:
The rate base shall include original cost plant investment (excluding contributed capital),
construction work in progress, and a reasonable allowance of working capital, less accumulated
depreciation. Working capital shall consist of an allowance for operation and maintenance (45 days
or up to 1/8 annual operation and maintenance costs) and a reasonable inventory of materials and
supplies necessary for the efficient operation of Dallas Water Utilities.
The rate base (common-to-all) shall include mains 18” and above, excluding all mains below this
size, unless built exclusively to serve a particular city.
TEST PERIOD (OR TEST YEAR):
Normally, a recently concluded 12-month operating period adjusted for known changes, selected to
be representative of the period of time over which the new rates are expected to be in effect.
DATA BASIS:
Rate period projections shall be based on operating results during the most recent fiscal year for
which actual data is available.
FREQUENCY OF COST OF SERVICE STUDIES:
Adequacy of rates shall be reviewed on an annual basis. Thirty (30) days in advance of a proposed
rate change, cost of service information shall be made available to Customer for review and
comment.
REVISIONS TO WASTEWATER RATE GUIDELINES:
Subject to the review of the existing contracting Customers, Dallas reserves the right to revise the
Wastewater Rate Guidelines.
Exhibit B- Page 1 of 6
EXHIBIT B
UNIVERSITY PARK AND HIGHLAND PARK
POINTS OF ENTRY, METERING AND DELIVERY FACILITIES
Description: Wholesale wastewater collection and transmission is currently provided to the
Customer via unmetered interconnected lines and mains of Dallas and Customer and the Town of
Highland Park.
GENERAL DESCRIPTION OF INTERCONNECTIONS:
As denoted below and as depicted on the attached map to this exhibit, Dallas is connected to the
Highland Park System at seven points of entry. These points are identified as 1, 2, 5, 6, 7, 8 and 9 on
the general diagram.
Dallas is connected to the University Park System at nine points of entry. These points are identified
as 12, 25, 26, 27, 28, 29, 31, 33 and 35 on the general diagram.
Highland Park is connected to the Dallas System at five points of entry. These points are identified as
3, 4, 10, 11 and 22 on the general diagram.
The Highland Park System and the University Park System are interconnected at nine points of entry.
These points are identified as 13, 14, 15, 16, 17, 18, 19, 20 and 21 on the general diagram.
GENERAL DESCRIPTION OF OWNERSHIP AND RESPONSIBILITY:
Unless otherwise indicated, ownership and maintenance responsibility changes at the point of entry
with each entity owning and maintaining the mains within and directed through their corporate
limits. If a manhole exists at a connection point with the Dallas System, the manhole is maintained
by Dallas.
Statements of maintenance responsibility in this exhibit are for operational purposes and do not
purport to invalidate or supplement previous agreements or contractual documents in regard to
Dallas’ and Customer’s rights.
DALLAS CONNECTIONS TO HIGHLAND PARK SYSTEM:
POINT 1:
Location: At a manhole at the southeast side of the intersection of Gilbert Street and
Mahanna Street in the Town of Highland Park.
Specific Ownership: The Town of Highland Park owns the manhole.
Exhibit B- Page 2 of 6
POINT 2:
Location: At the southeast side of the intersection of Holland Avenue and Mahanna Street at
the Highland Park and Dallas corporate line.
POINT 5:
Location: At a manhole at the west side of the intersection of Oak Lawn Avenue and the
alley between Prescott Avenue and Hawthorne Avenue in the Town of Highland Park.
POINT 6:
Location: At a manhole at the west side of the intersection of Oak Lawn Avenue and the
alley between Herschel Avenue and Prescott Avenue in the Town of Highland Park.
POINT 7:
Location: At a manhole at the west side of the intersection of Oak Lawn Avenue and the
alley between Wycliff Avenue and Herschel Avenue in the Town of Highland Park.
POINT 8:
Location: At a manhole at the west side of the intersection of Oak Lawn Avenue and
Wycliff Avenue in the Town of Highland Park.
POINT 9:
Location: In Wycliff Avenue approximately 350 feet east of Oak Lawn Avenue in the Town
of Highland Park.
DALLAS CONNECTIONS TO UNIVERSITY PARK SYSTEM:
POINT 12:
Location: At a point approximately 160 feet west of Lomo Alto Drive and approximately
120 feet north of Stanhope Avenue in the City of University Park.
POINT 25:
Location: At the intersection of Airline Road and the alley between Marquette Street and
Centenary Avenue in the City of Dallas.
Specific Ownership: The 10 inch outfall wastewater main in Airline Road south of the point of
entry, the 6 inch wastewater main in Airline Road north of the point of entry, the 6 inch
Exhibit B- Page 3 of 6
wastewater main in the alley west of the point of entry, and the manhole are owned by University
Park. The 8 inch wastewater main in Airline Road north of the alley are owned by Dallas.
POINT 26:
Location: At a manhole at the west side of the intersection of Oak Lawn Avenue and the
alley between Wycliff Avenue and Herschel Avenue in the Town of Highland Park.
Specific Ownership: The 10 inch outfall wastewater main in the alley west of the point of entry,
the 10 inch wastewater main in Airline Road north of the point of entry, and the manhole are
owned by University Park. The 8 inch wastewater main in the alley east of the point of entry is
owned by Dallas.
POINT 27:
Location: At the east side of the intersection of Durham Street and the alley between Caruth
Boulevard and Colgate Avenue at the University Park and Dallas corporate line.
POINT 28:
Location: At a manhole at the intersection of Boedeker Drive and the alley between
Southwestern Boulevard and Colgate Avenue at the at the University Park and Dallas corporate
line.
Specific Ownership: The manhole at the point of entry is owned by University Park.
POINT 29:
Location: At a manhole at the intersection of Boedeker Drive and the alley between Bryn
Mawr Drive and Southwestern Boulevard in the City of University Park.
Specific Ownership: The manhole at the point of entry is owned by University Park.
POINT 31:
Location: In University Boulevard at the University Park and Dallas corporate line
approximately 370 feet west of Greenville Avenue.
POINT 33:
Location: In Fondren Drive at the University Park and Dallas corporate line approximately
250 feet west of Greenville Avenue.
POINT 35:
Location: In the alley between Dyer Street and Fondren Drive at the University Park and
Exhibit B- Page 4 of 6
Dallas corporate line approximately 250 feet west of Greenville Avenue.
HIGHLAND PARK CONNECTIONS TO DALLAS SYSTEM:
POINT 3:
Location: At the northwest corner of the intersection of Dallas North Tollway and Lemmon
Avenue at the Dallas and Highland Park corporate line.
POINT 4:
Location: At a manhole at the northeast side of the intersection of Lomo Alto Drive and
Lemon Avenue in the City of Dallas.
POINT 10:
Location: At a manhole at the west side of the intersection of Turtle Creek Boulevard and
Wycliff Avenue in the Town of Highland Park.
POINT 11:
Location: At a manhole in Turtle Creek Boulevard approximately 450 feet south of Wycliff
Avenue in the City of Dallas.
POINT 22:
Location: At the intersection of Airline Road and Beverly Drive in the Town of Highland
Park.
UNIVERSITY PARK CONNECTIONS TO DALLAS SYSTEM:
POINT 23:
Location: At the west side of North Central Expressway (U. S. 75) and Mockingbird Lane in
the City of Dallas.
POINT 24:
Location: At a manhole at the west side of the intersection of Douglas Street and the alley
between Caruth Boulevard and Colgate Avenue in the City of Dallas.
POINT 30:
Location: At a manhole at the intersection of University Boulevard and the east side of
North Central Expressway (U. S. 75) in the City of University Park.
Specific Ownership: The City of Dallas owns the manhole and 10 inch and 8 inch wastewater
Exhibit B- Page 5 of 6
main along the east side of North Central Expressway (U. S. 75) north and south of the point of
entry.
POINT 32:
Location: At the intersection of Fondren Drive and the east side of North Central
Expressway (U. S. 75) in the City of University Park.
Specific Ownership: The City of Dallas owns the manhole and 10 inch wastewater main along
the east side of North Central Expressway (U. S. 75) north and south of the point of entry.
POINT 34:
Location: At the intersection of the alley between Dyer Street and Fondren Drive and the
east side of North Central Expressway (U. S. 75) in the City of University Park.
Specific Ownership: The City of Dallas owns the 10 inch wastewater main along the east side
of North Central Expressway (U. S. 75) north and south of the point of entry.
HIGHLAND PARK AND UNIVERSITY PARK INTERCONNECTIONS:
POINT 13:
Location: In the alley between Mockingbird Lane and Potomac Avenue approximately 500
feet west of Douglas Avenue at the Highland Park and University Park corporate boundary line.
POINT 14:
Location: In the alley between Potomac Avenue and San Carlos Drive approximately 500
feet west of Douglas Avenue at the Highland Park and University Park corporate boundary line.
POINT 15:
Location: At a manhole in St. Andrews Drive approximately 200 feet northeast of
Normandy Avenue.
POINT 16:
Location: At the Highland Park and University Park corporate boundary line approximately
350 feet east of Shannon Lane.
POINT 17:
Location: At the Highland Park and University Park corporate boundary line approximately
550 feet south of McFarlin Boulevard and 380 feet east of the east end of Windsor Lane.
Exhibit B- Page 6 of 6
POINT 18:
Location: At a manhole at the intersection of Golf Drive and the alley between Shenandoah
Street and Binkley Avenue at the Highland Park and University Park corporate boundary line.
POINT 19:
Location: At a manhole at the intersection of High School Avenue and the alley between
Shenandoah Street and Binkley Avenue at the Highland Park and University Park corporate
boundary line.
POINT 20:
Location: In Key Street approximately 250 feet north of Normandy Street in the City of
University Park.
POINT 21:
Location: At the intersection of Key Street and the alley between Potomac Avenue and
Normandy Street.
Schematic: Please see attachment.
Future Facilities: Should additional points of entry be agreed upon in the future, this Exhibit
B will be revised to recognize these facilities. Revisions to this Exhibit B in order to add, delete,
or modify points of entry or metering facilities may be authorized by the Director of DWU and
do not require city council approval
Exhibit C - Page 1 of 1
EXHIBIT C
SPECIAL CONTRACT CONDITIONS/AGREEMENTS
SUPPLEMENTAL AGREEMENTS CONCERNING STANDARD CONDITIONS
The following conditions and clarifications are agreed to by Dallas and Customer in regard to the
following standard conditions of this contract.
The following conditions supplement Section 4.0 of the Contract.
1. Customer’s wastewater connections are currently unmetered. Payment shall be made by
Customer based on average winter month water consumption as contemplated by Section 4.0
of the Contract.
2. Dallas has certain direct connections to Customer’s wastewater collection system. Dallas’
wastewater flows through the Customer’s system before it re-enters the Dallas System at the
Customer’s point of entry. Customer agrees to accept wastewater from Dallas via the
Delivery Facilities and Dallas' use of Customer's Delivery Facilities to provide wastewater
transportation services to Dallas at the interconnections delineated in Exhibit B. Dallas
agrees to compensate Customer for use of its system to transport wastewater flow from the
direct connections as follows:
a. On an annual basis, the “common-to-all” collection main operation and
maintenance expense allocated to the wholesale wastewater customer city
class shall be divided by the total number of wholesale wastewater class
connections as multiplied by twelve (12) to obtain the “collection main
operation and maintenance” wholesale rate component on a per connection,
per month basis.
b. The “collection main operation and maintenance” wholesale rate component
shall be multiplied times the total number of Dallas’ direct connections to
Customer’s system and multiplied times twelve (12) to obtain the amount of
the annual wastewater transportation credit.
c. The number of direct connections shall be verified on a tri-annual basis.
d. Once determined, the amount of the annual wastewater transportation credit
shall be provided to the Customer for invoicing of Dallas. Alternatively, the
wastewater transportation credit shall be applied to the Customer’s current
monthly billing invoice.
3. Customer Accounts: Dallas shall provide the actual number of Dallas' customer accounts
feeding into Customer's System to Customer not later than April 30th of each year during the
term of this Contract.
4. Dallas Wastewater Master Plan: Dallas agrees to provide to Customer within four years of
the effective date of this Contract a comprehensive wastewater master plan for the areas of
Dallas which flow into Customer's system. The master plan shall include, but shall not be
limited to:
Exhibit C - Page 2 of 1
(i) population data, present and projected;
(ii) geography and topography data;
(iii) existing and projected discharge flows into the Dallas System;
(iv) existing and planned wastewater collection system maps in digital format;
(v) existing and projected treated water usage by account type (e.g., residential, multi
family, business/commercial/industrial, other) for area which discharges into the
Dallas System;
(vi) existing and projected zoning (Residential, Industrial, Commercial)for area which
discharges into the Dallas System; and
(vii) future development plans;
Customer agrees that the initial plan shall be for a twenty-year period. Customer further
agrees that the plan shall be reviewed jointly by Dallas and Customer and, if necessary,
revised by Dallas at ten year intervals.
5. It is specifically understood that the representations made by Customer in section 14 of the
Contract are not intended to restrict or limit any and all such rights or title, to the extent that
they exist, held by the Dallas County Park Cities Municipal Utility District, and as provided
under state law.
6. It is understood and agreed that the terms and benefits of this Contract granted by Dallas to
Customer are at least as favorable as the terms and benefits granted by Dallas to any other of
Dallas’ wholesale wastewater customer cities (each an “Other Customer City”). If Dallas
should enter into any subsequent agreement with any Other Customer City which provides
for terms and/or benefits for such Other Customer City that are more favorable than those
contained in this Contract, the parties will amend this Contract; provided, however, that the
exercise of this right is conditioned upon Customer’s acceptance of all terms and conditions
of the Other Customer City contract in toto.
If other special conditions or agreements pertaining to this Contract are required in the future, this
Exhibit C may be amended. Amendments to this Exhibit C that do not materially affect the terms of
the Contract do not require city council approval.
Exhibit D - Page 1 of 4
EXHIBIT D
PRETREATMENT REGULATIONS
1. Dallas, which is the municipal entity that owns and operates the wastewater plant that the
Customer is serviced by, is recognized as the Control Authority.
2. If Customer has an established pretreatment program approved by Dallas or TCEQ, then
Customer agrees to enact and enforce rules requiring those users within that portion of its service
area connected to the Dallas system to comply with the provisions of all applicable State and Federal
regulations, as amended, as well as those portions of the Dallas Ordinances, as amended, regarding
wastewater discharged substances and prohibited discharges. Customer shall perform service area
surveys to maintain a current listing of industries which could have the potential to be Significant
Industrial Users within that portion of Customer' service area connected to the Dallas system. The
surveys should encompass field inspections, a review of building, plumbing and occupancy permits,
a review of telephone or business directories for new industries, and the sampling for pollutants at
industries which could have the potential of being Significant Industrial Users. Customer shall
annually provide the listing of industries to Dallas. The listing should include each industry's name,
address, discharged substances, pretreatments performed and violations recorded during the year.
3. If Customer does not have a pretreatment program approved by Dallas or TCEQ, then
Customer agrees to enact and enforce rules or ordinances requiring those users within that portion of
its service area connected to the Dallas System to comply with the provisions of Article IV, “Water
Quality,” of Chapter 49 of the Dallas City Code, as amended, and all applicable State and Federal
regulations, as amended, including, but not limited to: (1) compliance with the requirements of a
Pretreatment Program; (2) prohibited discharges; (3) discharged substances; (4) industrial discharge
permit system and fact sheets; (5) industrial self-monitoring reports; (6) pretreatment plans; (7)
Baseline Monitoring Reports (BMR); (8) Report on Compliance (ROC); (9) periodic compliance
reports; and (10) other reports as may be required by EPA and TCEQ. Customer shall perform
service area surveys to maintain a current listing of industries which could have the potential to be
significant industrial users within that portion of Customer' service area connected to the Dallas
System. The Industrial User Surveys or Industrial Waste Survey (IWS) should encompass field
inspections, a review of building, plumbing and occupancy permits and a review of telephone or
business directories for new industries. Customer shall annually provide to Dallas the listing of
potential Significant Industrial Users, including their address and substances discharged during the
year. At Customer’s request, Dallas will perform the surveys and listing of industries, and the
sampling of pollutants from industries which could have the potential to be Significant Industrial
Users, and Customer shall compensate Dallas for its actual cost to provide these services. Dallas will
review the IWS and inspect the businesses to determine Significant Industrial User status. Within 30
days of determining Significant Industrial User status, Dallas will notify Customer and each affected
Significant Industrial User. Dallas will also provide all Pretreatment Standards and Requirements
applicable to the Significant Industrial User as a result of such status.
4. Customer agrees that Dallas, as the Control Authority, has the authority to approve
Customer's pretreatment program. Customer, therefore, recognizes that Dallas will follow procedures
to ensure compliance with the requirements of a Pretreatment Program, including:
Exhibit D - Page 2 of 4
(a) identifying and locating all possible industrial users subject to the Pretreatment
Program;
(b) identifying the character and volume of pollutants discharged by Significant Industrial
Users;
(c) notifying identified industrial users of applicable Pretreatment Standards;
(d) receiving and analyzing self-monitoring reports and other notices as specified in
40CFR 403.12;
(e) analyzing sampling data for compliance with applicable limits;
(f) inspecting and randomly sampling the effluent from industrial users;
(g) evaluating whether each Significant Industrial User needs a plan or other action to
control slug discharges;
(h) investigating instances of noncompliance with Pretreatment Standards and
Requirements; and
(i) complying with significant noncompliance publication.
5. Customer also recognizes that Dallas will require the enforceability of pretreatment permits,
each permit containing, at a minimum, the following requirements:
(a) Statement of duration (in no case more than five years).
(b) Statement of non-transferability.
(c) Effluent limits, including Best Management Practices.
(d) Self-monitoring, sampling, reporting, notification and recordkeeping requirements,
including an identification of the pollutants to be monitored, the sampling location, the sampling
frequency, the sample type, and the applicable general Pretreatment Standards in 40 CFR Part 403.
(e) Statement of applicable civil and criminal penalties for violation of the Pretreatment
Standards and requirements, and any applicable compliance schedule.
(f) Requirements to control Slug Discharges, if determined by the Control Authority to
be necessary.
6. Customer understands and agrees that Dallas, as the Control Authority, will establish
procedures for the receipt, review, and approval of permit applications for new and existing
Significant Industrial Users. Dallas will send permit applications to new Significant Industrial Users
and renewal applications to existing Significant Industrial Users for completion. Applications for
Exhibit D - Page 3 of 4
new Significant Industrial Users must be returned to Dallas within 30 days of receipt. An application
for renewal of an existing Significant Industrial User permit must be received by Dallas 90 days prior
to the expiration of the existing permit. Dallas will review the applications, prepare the permits with
the appropriate pretreatment standards, including alternate categorical pretreatment standards where
applicable, and submit the permits to Customer for approval. Each permit will include a fact sheet
and the description of pollutants discharged by a Significant Industrial User. Upon approval,
Customer will send the permit to the Significant Industrial User. Customer may add additional
requirements to the permit to insure the permit holders' compliance with applicable laws and
regulations. Customer may suspend or revoke a permit if it determines that the permit holder is in
violation of the applicable pretreatment regulations.
7. Customer agrees that Dallas has the authority to take enforcement actions, including the right
to disconnect, against specific industries violating Dallas' or Customer’s industrial waste regulations
and agrees to assist Dallas with enforcement actions, should enforcement by Dallas be necessary. To
the extent that such authority is subject to Texas law, Customer agrees to allow Dallas to perform
enforcement functions Customer could otherwise perform under applicable law on Customer's
behalf, where necessary, pursuant to Article 26.175 of the Texas Water Code. Dallas shall afford
Customer a reasonable amount of time to take enforcement actions itself before commencing
enforcement as the "Control Authority". Dallas shall notify Customer at least 10 days prior to
commencing enforcement activity as the "Control Authority", unless imminent danger or
NPDES/TPDES permit violation occurs, in which case Customer will be notified of enforcement
within 24 hours. Enforcement actions may include any of the following actions: issuance of a notice
of violation; the halting of discharges; the termination of service; the suspension or revocation of the
permit; criminal or civil enforcement actions; publication of the name of the industrial user
determined to be in significant noncompliance; the issuance of administrative, consent, compliance,
and cease and desist orders; and an order requiring attendance at a show cause hearing. Customer
agrees to comply with the procedures outlined in Dallas’ Enforcement Response Plan.
8. If Customer has an established pretreatment program approved by Dallas or TCEQ, then
Customer shall perform inspections of industrial users within that portion of its service area
connected to the Dallas System no less frequently than annually, and sampling at least once every six
(6) months (once in the months of July through December and once in the months of January through
June) and provide the results to Dallas within 30 days of the date the sampling and inspection are
performed. Categorical industries must be inspected no less frequently than annually and must be
monitored at least once every six (6) months (once in the months of July through December and once
in the months of January through June) for at least four (4) consecutive days. Significant Industrial
Users not determined to be categorical must be inspected no less frequently than annually and must
be monitored at least once every six (6) months (once in the months of July through December and
once in the months of January through June) for at least two (2) consecutive days. If violations occur,
monitoring frequency must increase. Monitoring is to continue until three consecutive months of
sampling indicate compliance.
9. If Customer does not have a pretreatment program approved by Dallas or TCEQ, then Dallas
shall perform the inspection of industrial users within that portion of Customer’s service area
connected to the Dallas System no less frequently than annually and sampling at least once every six
(6) months (once in the months of July through December and once in the months of January through
Exhibit D - Page 4 of 4
June) for at least two (2) consecutive days for Significant Industrial Users regulated under local
limits. For categorical industries, Dallas will inspect no less frequently than annually and sampling at
least once every six (6) months (once in the months of July through December and once in the
months of January through June) for at least four (4) consecutive days. Dallas will provide the
sampling results to Customer within 30 days of the date of performing the sampling and inspection.
Customer shall compensate Dallas for its actual cost of providing this service. Customer will follow
procedures for handling anticipated bypass according to provisions outlined in Customer’s
wastewater regulations codified in(INFO TO BE PROVIDED BY CUSTOMER)_.
10. Customer agrees that if an industrial user is seeking a categorical determination concerning
the applicability of a particular subcategory under the national categorical pretreatment standards, the
final determination issued under Title 40, Code of Federal Regulations, Part 403.6, as amended, shall
control the application of the appropriate subcategory. There shall be no right or procedure implied
under contract for an industrial user or Customer to seek such a categorical determination from
Dallas, other than through the procedures and requirements outlined in Title 40, Code of Federal
Regulations, Part 403.6, as amended.
11. Customer agrees to require that industrial users meet the following reporting requirements of
Title 40, Code of Federal Regulations, Part 403, as amended: (1) baseline monitoring reporting, (2)
90-Day ROC; (3) compliance schedule progress reports, (4) reports on compliance with categorical
pretreatment standard deadlines; (5) periodic compliance reports in July and January; (6) notification
of changed conditions; (7) reports of accidental (slug) discharges; (8) reports from non-permitted
users; (9) submission of self-monitoring reports and violations based on self-monitoring; (10)
notification of the discharge of hazardous waste; (11) analytical requirements; (12) sample
collections; (13) adherence to the date reports deemed received; and (14) certification and signatory
requirements. All reports must be submitted to Dallas for review and approval. Customer and
industrial users will comply with the record keeping requirements contained in the pretreatment
regulations and, at a minimum, retain all records for a minimum of three (3) years.
12. All samples shall be taken and analyzed in accordance with the latest edition of Title 40,
Code of Federal Regulations, Part 136, as amended, or other methods approved by TCEQ if not
found in Title 40, Code of Federal Regulations, Part 136, as amended. Customer and industrial users’
sampling and self-monitoring data shall comply with Dallas’ Standard Operating Procedures for
sampling which includes quality assurance/quality control procedures and chain-of-custody
requirements. In addition, Customer and industrial users may use National Environmental Laboratory
Accreditation Conference’s (NELAC) certified water and wastewater analytical laboratories for the
sampling and analysis of samples.
13. Customer and Dallas agree to maintain confidentiality of industrial user information as
specified in state and federal law. An industrial user who asserts the trade secret exception to
disclosure under Chapter 552 of the Texas Government Code (the Public Information Act) must
clearly mark “confidential business information” on each page that contains proprietary
information. Documents submitted with words stamped “confidential business information” will
be treated in accordance with the procedures of Title 40 Code of Federal Regulations, Part
403.14, as amended. However, information not stamped “confidential business information” and
effluent data will be available to the public without restriction.
Exhibit E - Page 1 of 5
EXHIBIT E
RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT
1. RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT FOR SINGLE
FAMILY RESIDENCES OR DUPLEXES – WHEN SERVICING ENTITY HAS MAINS IN
PLACE
The City of Dallas, Texas, hereinafter called “Dallas” and the City of University Park, hereinafter
called “Customer”, hereby mutually agree, that when mains of the servicing entity are currently
in place, to provide water and/or wastewater service to customers along the public streets,
roadways, alleys and easements forming a common city limit boundary of Dallas and Customer
upon written request of either party to the other, provided that neither party will be required to
provide such service to customers of the other party if doing so would result in a need for
substantial construction or diminution of the level of service being provided to other customers
of said entity.
The class of service contemplated by this Paragraph 1 anticipates a temporary connection until
such time as the entity requesting service will have water and/or wastewater mains available.
This category of service requires consideration on an individual case basis. Determination will be
rendered upon written request being made by the entity in which the potential customer is
located.
Nothing contained in this Agreement shall require that either entity will be compelled to accept a
customer classed under this Paragraph 1 after a determination by the servicing entity that service
is not economical or otherwise not in the best interest of the servicing entity.
A. Service will be provided to single family residences or duplexes situated on no more than one
acre of land located immediately adjacent to the common boundary.
B. The entity providing the water and/or wastewater service contemplated under this Paragraph
shall charge the customer so served the same rates and associated charges as charged
customers whose property lies within its own areas and boundaries and who are in the same
category of service.
C. The customer being served will be required to pay all applicable fees related to the services
provided including a connection service charge to the entity furnishing service. The
connection service charge shall be the then current amount established by the servicing
entity’s ordinances. If a service charge is not specified by the current ordinances for the size
or type service to be provided, the service charge shall be the servicing entity’s actual cost for
rendering the service.
Exhibit E - Page 2 of 5
2. RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT FOR: (1)
SINGLE FAMILY RESIDENCES OR DUPLEXES WHERE MAINS ARE NOT IN PLACE, (2)
COMMERCIAL AND INDUSTRIAL COMPLEXES, (3) RESIDENTIAL SUBDIVISIONS,
APARTMENTS OR TOWNHOUSES AND OTHER MULTI-DWELLING RESIDENTIAL
UNITS.
Dallas and Customer hereby mutually agree to provide temporary water or wastewater service, or
both, to customers along the public streets, roadways, alleys and easements forming a common
city limit boundary of Dallas and Customer upon written request of either entity to the other,
provided that neither entity will be required to provide such service to customers of the other
entity if doing so would result in a need for substantial construction or diminution of the level of
service being provided to other customers of said entity.
The class of service contemplated by this Paragraph 2 anticipates a temporary connection until
such time as the entity requesting service will have water and/or wastewater mains available.
This category of service requires consideration on an individual case basis. Determination will be
rendered upon written request being made by the entity in which the potential customer is
located. Nothing contained in this Agreement shall require that either entity will be compelled to
accept a customer classed under this Paragraph 2 after a determination by the servicing entity that
service is not economical or otherwise not in the best interest of the servicing entity.
A. Service will be provided to the following type customers whose properties are located
immediately adjacent to or in reasonable proximity of the common boundary:
(1) Single family residences or duplexes where mains are not in place.
(2) Individual commercial and industrial properties containing no more than 200,000
square feet of building floor space, provided that commercial or industrial facilities in
excess of 200,000 square feet consuming only nominal amounts of water or
contributing only nominal amounts of wastewater may be considered as an exception
to this provision.
(3) Specific residential subdivisions consisting of no more than 20 single family units
and apartment complexes, townhouses or other types of multiple dwelling units
consisting of no more than 35 single family units in the immediate area for which
service is being requested.
B. The entity providing the water and/or wastewater service contemplated under this Paragraph
shall charge the customer served the same rates and associated charges as charged customers
whose property lies within its own areas and boundaries and who are in the same category of
service.
C. As a precondition of receiving service, the customer being served may also be required to pay
all or part of the costs determined to be necessary to extend service and to pay the normal
service charges for the type service being offered. Applicability of costs of extending service
Exhibit E - Page 3 of 5
shall be determined by the officials designated in Paragraph 4.B. of this Agreement. Normal
service costs will be determined as contemplated by Paragraph 1.C. All construction work
shall meet the specifications of the entity within whose boundaries the facilities are
constructed.
3. TEMPORARY RECIPROCAL SERVICES PROVIDED (1) DIRECTLY TO BORDERING
CITIES AND (2) TO COMMERCIAL, INDUSTRIAL OR OTHER COMPLEXES NOT
CONTEMPLATED BY PARAGRAPH 2.
When services are requested and it is determined by the entity from which service is requested
that the service is appropriate and can be offered without diminution of the level of service being
provided to other customers of the servicing entity, Dallas and Customer hereby mutually agree
to provide temporary water and/or wastewater service on a reciprocal basis when (1) the service
to be furnished is to be provided directly to the reciprocating entity as the customer or, (2) the
service to be furnished is for a commercial, industrial, or other customer not meeting the criteria
for service consideration in Paragraph 2.
The class of service contemplated by this Paragraph 3 shall be offered at the option of the
servicing entity. Determination of service feasibility will be rendered upon written request being
made by the entity requiring service. Nothing contained in this Agreement shall require that
either entity will be compelled to offer service after a determination by the servicing entity that
service is not economical or otherwise not in the best interest of the servicing entity.
The entity providing the water or wastewater service contemplated under this Paragraph shall
charge the customer served the same rate and associated charges as charged customers whose
property lies within its own areas and boundaries.
The entity requesting the service shall pay full cost of any extension, facilities or
improvements required to make the service available. The amount of the charges shall be
determined by the officials designated in Paragraph 4.B. of this Agreement. All construction
work shall meet the specifications of the entity within whose boundaries the facilities are
constructed.
4. GENERAL TERMS AND CONDITIONS
Service will be provided from mains in the public streets, roadways, alleys and easements
existing along the common boundaries of Dallas and Customer under the following terms and
conditions, which shall apply equally to either entity:
A. Neither party to this Agreement is obligated to provide water or wastewater service to the
other party, and each party has the right to refuse to provide water or wastewater service,
under this Agreement, to the other party.
B. The entity requiring services shall initiate the request for reciprocal services by forwarding a
written request for service. The request shall be accompanied by a map which identifies the
Exhibit E - Page 4 of 5
location of the proposed properties. Approval of requests for service shall be in writing and
will be forwarded or approved by the following:
If for Dallas: If for Customer:
Dallas Water Utilities City of University Park
Director of Utilities Attn: City Manager
1500 Marilla Street, Room 4/A/N 3800 University Boulevard
Dallas, Texas 75201 Dallas, Texas 75205-1711
C. Meter boxes, service lines, laterals and other facilities necessary to provide service shall,
upon installation, become the property of the entity furnishing service if accepted or agreed
to by said entity.
D. The customer to be served will sign a contract with the entity furnishing service, agreeing to
abide by all the ordinances of that entity which relate to the furnishing of said service.
E. The entity requesting service under this Agreement hereby grants to the entity providing such
service authorization to go upon the public streets, roadways, alleys and easements of the
former entity for the purpose of installing, maintaining and removing such facilities as are
necessary to provide service.
Customer agrees that, with prior written approval of Customer, Dallas may use streets, alleys
and public rights-of-way within Customer’s boundaries for the purposes detailed in this
Agreement to provide retail water and wastewater service to Customer or to other customers
without charges or tolls, provided that Dallas makes the necessary repairs to restore the
streets, alleys or public rights-of-way used to their original condition. Such use and repairs
shall be pursuant to the terms and conditions of the conveyance or license Customer duly
grants for such purposes.
Dallas agrees that, with prior written approval of Dallas, Customer may use streets, alleys
and public rights-of-way within Dallas’ boundaries for the purposes detailed in this
Agreement to provide retail water and wastewater service to Customer or to other customers
without charges or tolls, provided that Customer makes the necessary repairs to restore the
streets, alleys or public rights-of-way used to their original condition. Such use and repairs
shall be pursuant to the terms and conditions of a license duly granted by the Dallas City
Council.
F. If at any time the entity requesting service under this Agreement shall construct a main
capable of providing water and/or wastewater service to any customer being served under the
terms of this Agreement, then upon request, the entity so providing the service shall
terminate same, reserving the right to remove its meters and materials from the property
previously served; provided, the customer shall have a reasonable time, not to exceed one
month, to connect to the new service.
Exhibit E - Page 5 of 5
G. In the cases where a customer receives water service from one entity and wastewater service
from the other, the entity furnishing water service will provide the other entity with monthly
meter readings and water consumption information on such customers and will permit
appropriate employees of the entity furnishing wastewater service to read and examine the
meters serving such customers to determine the accuracy of readings so furnished and to
permit appropriate employees of the entity furnishing wastewater service to examine water
consumption records of such customers, provided that no meter shall be removed or adjusted
except by the entity furnishing water service.
5. CLAIMS OF LIABILITY
It is further mutually agreed by Dallas and Customer that insofar as the services contemplated
hereunder are performed by either entity within the jurisdiction of the other entity and to that
extent only, Dallas and Customer hereby mutually agree that they will release, hold harmless and
defend the other entity from all claims of liability which result from damage to property (real or
personal) or persons arising directly or indirectly from the performance of the services provided
for under this Agreement.
6. TERMINATION OR MODIFICATION
This Agreement is to remain in force for the term of the Contract to which it is attached.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@1005E653\@BCL@1005E653.docx 3:47 PM 03/12/14
AGENDA MEMO
3/18/2014Agenda
TO:Honorable Mayor and City Council
FROM:Liz Spector, City Secretary
SUBJECT:Minutes of the March 4, 2014 City Council Meeting
BACKGROUND:
Minutes of the 3/04/14 meeting are included for the Council’s review.
RECOMMENDATION:
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E404A5EB\@BCL@E404A5EB.docx 10:34 AM 03/12/14
AGENDA MEMO
3/18/2014Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Request for R-O-W Abandonment
BACKGROUND:
Staffreceived a request from the owner of the property at 7320 Turtle Creek Blvd.for the
City to abandon certain street frontage adjacent to the subject address. The request
specifically asks the City to abandon a ten-foot strip of the Turtle Creek Blvd.right-of-
way along the property. The attached site plan details the exact dimensions of the
request, which totals 1,982.4 square feet. Like numerous previous requests along Turtle
Creek Blvd, the City has no current or future use of the excess R-O-W.
An appraisal was performed, and the fair market value (FMV) was determined to be
$64.76 / SF. That results in a cost of abandonment (1,982.4 SF @ $64.76/SF) at
$128,380.22. The City Attorney prepared the requisite abandonment ordinance for City
Council consideration.If Council is amenable to the abandonment, the City Secretary
will preparea certified copy of the ordinance, which will be given to the owner upon
receipt of a check for the FMV. The property owner must then file the certified ordinance
with Dallas County and then develop an amending plant to incorporate the abandoned
R-O-W with the original property into one building site.
RECOMMENDATION:
Staff recommends City Council approval of the ordinance abandoning certain right-of-
way adjacent to 7320 Turtle Creek Blvd.
LOCATED AT:
FOR:
AS OF:
BY:
Form GA6 — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
7320 Turtle Creek Blvd
W. 188.9' Lot 19, TRI 196.8'x59.8'x108.9', Block M, University Heights
University Park, TX 75225
Mark Connell
7320 Turtle Creek Boulevard
Dallas, TX 75225
02/13/2014
D.W. Skelton & Associates
12700 Hillcrest Road, Suite 242
Dallas, TX 75230
214-265-1037
APPRAISAL OF REAL PROPERTY
Form GA6 — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
7320 Turtle Creek Blvd
W. 188.9' Lot 19, TRI 196.8'x59.8'x108.9', Block M, University Heights
University Park, TX 75225
Mark Connell
7320 Turtle Creek Boulevard
Dallas, TX 75225
02/13/2014
D.W. Skelton & Associates
12700 Hillcrest Road, Suite 242
Dallas, TX 75230
214-265-1037
APPRAISAL OF REAL PROPERTY
LOCATED AT:
FOR:
AS OF:
BY:
Page #1Main File No. M402147
LAND APPRAISAL REPORT
File No.
ID
E
N
T
I
F
I
C
A
T
I
O
N
Borrower Census TractMap Reference
Property Address
CityCountyStateZip Code
Legal Description
Sale Price $Date of SaleLoan Termyrs.Property Rights AppraisedFeeLeaseholdDe Minimis PUD
Actual Real Estate Taxes $(yr)Loan charges to be paid by seller $Other sales concessions
Lender/ClientAddress
OccupantAppraiserInstructions to Appraiser
NE
I
G
H
B
O
R
H
O
O
D
LocationUrbanSuburbanRural
Built UpOver 75%25% to 75%Under 25%
Growth RateFully Dev.RapidSteadySlow
Property ValuesIncreasingStableDeclining
Demand/SupplyShortageIn BalanceOversupply
Marketing TimeUnder 3 Mos.4-6 Mos.Over 6 Mos.
Present Land Use% 1 Family% 2-4 Family% Apts.% Condo% Commercial
% Industrial% Vacant%
Change in Present Land UseNot LikelyLikely (*)Taking Place (*)
(*) FromTo
Predominant OccupancyOwnerTenant% Vacant
Single Family Price Range$to $Predominant Value $
Single Family Ageyrs. toyrs.Predominant Ageyrs.
GoodAvg.FairPoor
Employment Stability
Convenience to Employment
Convenience to Shopping
Convenience to Schools
Adequacy of Public Transportation
Recreational Facilities
Adequacy of Utilities
Property Compatibility
Protection from Detrimental Conditions
Police and Fire Protection
General Appearance of Properties
Appeal to Market
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise):
SI
T
E
Dimensions=Sq. Ft. or AcresCorner Lot
Zoning classificationPresent Improvementsdodo not conform to zoning regulations
Highest and best usePresent useOther (specify)
Public
Elec.
Gas
Water
San. Sewer
Underground Elect. & Tel.
Other (Describe)OFF SITE IMPROVEMENTS
Street AccessPublicPrivate
Surface
MaintenancePublicPrivate
Storm SewerCurb/Gutter
SidewalkStreet Lights
Topo
Size
Shape
View
Drainage
Is the property located in a HUD Identified Special Flood Hazard Area?NoYes
Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions):
MA
R
K
E
T
D
A
T
A
A
N
A
L
Y
S
I
S
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar
adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior
to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less
favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject.
ITEM SUBJECT PROPERTYCOMPARABLE NO. 1COMPARABLE NO. 2COMPARABLE NO. 3
Address
Proximity to Subject
Sales Price$$$$
Price$$$$
Data Source
Date of Sale andDESCRIPTIONDESCRIPTIONDESCRIPTIONDESCRIPTION+( )$ Adjust.+( )$ Adjust.+( )$ Adjust.–––
Time Adjustment
Location
Site/View
Sales or Financing
Concessions
Net Adj. (Total)+++$
$
Indicated Value
of Subject
–––$
$
$
$
RE
C
O
N
C
I
L
I
A
T
I
O
N
Comments on Market Data:
Comments and Conditions of Appraisal:
Final Reconciliation:
I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $
Appraiser(s)Review Appraiser (if applicable)
DidDid Not Physically Inspect Property
[Y2K]
Form LND — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
M402147
N/A 0194.0035C
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
W. 188.9' Lot 19, TRI 196.8'x59.8'x108.9', Block M, University Heights
N/A N/A N/A
9,453N/A None
Mark Connell7320 Turtle Creek Boulevard
ConnellBryan HagenEstimate Market Value
805555
500,0005,000,000+1,200,000
New 80+40
SEEADDENDUM:NEIGHBORHOOD
See Attached Survey 5,327
Single Family Dwelling 4
New Single Family Residence
None
None
None
None
Asphalt
Above Street Grade
Smaller Than Average
Irregular
Thru St/Park
SURVEY REQUIRED
SEE ADDENDUM: SITE
7320 Turtle Creek Blvd
University Park
N/A
Per Sq. Ft.
Inspection
N/A
University Park
5,327 sf
Zoning Residential
Utility Poor(See Addendum)
View Thru St/Park
Structure Yes
None
0 Points Seller
3905 Amherst Avenue
University Park
0.40 miles W
660,000
94.28
MLS#11999379/Tax
08/23/2013
University Park
7,000 sf -315,000
Residential
Sup./IncludedAbove
Interior
Yes
Cash
0 Points Seller
-315,000
Net 47.7 %345,000
3408 Purdue Avenue
University Park
0.27 miles E
660,000
94.28
MLS#11910906/Tax
04/02/2013
University Park
7,000 sf -315,000
Residential
Sup./IncludedAbove
Interior
Yes
Cash
0 Points Seller
-315,000
Net 47.7 %345,000
3409 Wentwood Drive
University Park
0.71 miles NE
1,025,000
97.62
Sales Contract/Tax
08/01/2013
University Park
10,500 sf -680,000
Residential
Sup./IncludedAbove
Interior
Yes
Conventional
0 Points Seller
-680,000
Net 66.3 %345,000
To our knowledge there are no active listing agreements or current contracts on the subject property. No prior sales
history of the subject was found within the past 36 months.
This appraisal reflects ''as is'' value without special conditions other than those items noted in the attached
Limiting Conditions.
Market Approach best reflects actions of buyers and sellers in the subject's area and as adequate data was available, it was
given all weight. The Cost Approach and Income Approach were not applicable as this appraisal reflects lot value only.
02/13/2014345,000
Bryan Hagen
D.W. Skelton & Associates, Inc (214) 265-1037
Form LND — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
M402147
N/A 0194.0035C
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
W. 188.9' Lot 19, TRI 196.8'x59.8'x108.9', Block M, University Heights
N/A N/A N/A
9,453N/A None
Mark Connell7320 Turtle Creek Boulevard
ConnellBryan HagenEstimate Market Value
805555
500,0005,000,000+1,200,000
New 80+40
SEEADDENDUM:NEIGHBORHOOD
See Attached Survey 5,327
Single Family Dwelling 4
New Single Family Residence
None
None
None
None
Asphalt
Above Street Grade
Smaller Than Average
Irregular
Thru St/Park
SURVEY REQUIRED
SEE ADDENDUM: SITE
7320 Turtle Creek Blvd
University Park
N/A
Per Sq. Ft.
Inspection
N/A
University Park
5,327 sf
Zoning Residential
Utility Poor(See Addendum)
View Thru St/Park
Structure Yes
None
0 Points Seller
3905 Amherst Avenue
University Park
0.40 miles W
660,000
94.28
MLS#11999379/Tax
08/23/2013
University Park
7,000 sf -315,000
Residential
Sup./IncludedAbove
Interior
Yes
Cash
0 Points Seller
-315,000
Net 47.7 %345,000
3408 Purdue Avenue
University Park
0.27 miles E
660,000
94.28
MLS#11910906/Tax
04/02/2013
University Park
7,000 sf -315,000
Residential
Sup./IncludedAbove
Interior
Yes
Cash
0 Points Seller
-315,000
Net 47.7 %345,000
3409 Wentwood Drive
University Park
0.71 miles NE
1,025,000
97.62
Sales Contract/Tax
08/01/2013
University Park
10,500 sf -680,000
Residential
Sup./IncludedAbove
Interior
Yes
Conventional
0 Points Seller
-680,000
Net 66.3 %345,000
To our knowledge there are no active listing agreements or current contracts on the subject property. No prior sales
history of the subject was found within the past 36 months.
This appraisal reflects ''as is'' value without special conditions other than those items noted in the attached
Limiting Conditions.
Market Approach best reflects actions of buyers and sellers in the subject's area and as adequate data was available, it was
given all weight. The Cost Approach and Income Approach were not applicable as this appraisal reflects lot value only.
02/13/2014345,000
Bryan Hagen
D.W. Skelton & Associates, Inc (214) 265-1037
LAND APPRAISAL REPORT
File No.
ID
E
N
T
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F
I
C
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Borrower Census TractMap Reference
Property Address
CityCountyStateZip Code
Legal Description
Sale Price $Date of SaleLoan Termyrs.Property Rights AppraisedFeeLeaseholdDe Minimis PUD
Actual Real Estate Taxes $(yr)Loan charges to be paid by seller $Other sales concessions
Lender/ClientAddress
OccupantAppraiserInstructions to Appraiser
NE
I
G
H
B
O
R
H
O
O
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LocationUrbanSuburbanRural
Built UpOver 75%25% to 75%Under 25%
Growth RateFully Dev.RapidSteadySlow
Property ValuesIncreasingStableDeclining
Demand/SupplyShortageIn BalanceOversupply
Marketing TimeUnder 3 Mos.4-6 Mos.Over 6 Mos.
Present Land Use% 1 Family% 2-4 Family% Apts.% Condo% Commercial
% Industrial% Vacant%
Change in Present Land UseNot LikelyLikely (*)Taking Place (*)
(*) FromTo
Predominant OccupancyOwnerTenant% Vacant
Single Family Price Range$to $Predominant Value $
Single Family Ageyrs. toyrs.Predominant Ageyrs.
GoodAvg.FairPoor
Employment Stability
Convenience to Employment
Convenience to Shopping
Convenience to Schools
Adequacy of Public Transportation
Recreational Facilities
Adequacy of Utilities
Property Compatibility
Protection from Detrimental Conditions
Police and Fire Protection
General Appearance of Properties
Appeal to Market
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise):
SI
T
E
Dimensions=Sq. Ft. or AcresCorner Lot
Zoning classificationPresent Improvementsdodo not conform to zoning regulations
Highest and best usePresent useOther (specify)
Public
Elec.
Gas
Water
San. Sewer
Underground Elect. & Tel.
Other (Describe)OFF SITE IMPROVEMENTS
Street AccessPublicPrivate
Surface
MaintenancePublicPrivate
Storm SewerCurb/Gutter
SidewalkStreet Lights
Topo
Size
Shape
View
Drainage
Is the property located in a HUD Identified Special Flood Hazard Area?NoYes
Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions):
MA
R
K
E
T
D
A
T
A
A
N
A
L
Y
S
I
S
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar
adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior
to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less
favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject.
ITEM SUBJECT PROPERTYCOMPARABLE NO. 1COMPARABLE NO. 2COMPARABLE NO. 3
Address
Proximity to Subject
Sales Price$$$$
Price$$$$
Data Source
Date of Sale andDESCRIPTIONDESCRIPTIONDESCRIPTIONDESCRIPTION+( )$ Adjust.+( )$ Adjust.+( )$ Adjust.–––
Time Adjustment
Location
Site/View
Sales or Financing
Concessions
Net Adj. (Total)+++$
$
Indicated Value
of Subject
–––$
$
$
$
RE
C
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N
C
I
L
I
A
T
I
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N
Comments on Market Data:
Comments and Conditions of Appraisal:
Final Reconciliation:
I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $
Appraiser(s)Review Appraiser (if applicable)
DidDid Not Physically Inspect Property
[Y2K]
Page #2Main File No. M402147
DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed
for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price
represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with
the sale.
*Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the
property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession
but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS:The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that
the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible
ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do
so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These
separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The
appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such
conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be
reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other
parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
(including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal
organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data
collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 439 6-93 Fannie Mae Form 1004B 6-93Page 1 of 2
Form ACR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
D.W. Skelton & Associates, Inc (214) 265-1037
Form ACR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
D.W. Skelton & Associates, Inc (214) 265-1037
DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed
for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price
represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with
the sale.
*Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary
for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the
property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession
but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS:The appraiser's certification that appears in the appraisal report is subject to the following
conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that
the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible
ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do
so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These
separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The
appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such
conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be
reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other
parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
(including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal
organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data
collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 439 6-93 Fannie Mae Form 1004B 6-93Page 1 of 2
Page #3Main File No. M402147
APPRAISER'S CERTIFICATION:The Appraiser certifies and agrees that:
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made
a positive adjustment to increase the adjusted sales price of the comparable.
2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not
knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the
appraisal report are true and correct.
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limiting conditions specified in this form.
4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with
respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report
on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties in the vicinity of the subject property.
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this
appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate,
the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I
did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those
Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value
and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the
reconciliation section.
8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report.
I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that
I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional
assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and
disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform
the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take
no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION:If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser,
agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
APPRAISER:SUPERVISORY APPRAISER (only if required):
Signature:Signature:
Name:Name:
Date Signed:Date Signed:
State Certification #:State Certification #:
or State License #:or State License #:
State:State:
Expiration Date of Certification or License:Expiration Date of Certification or License:
DidDid Not Inspect Property
Freddie Mac Form 439 6-93 Fannie Mae Form 1004B 6-93Page 2 of 2
Form ACR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
7320 Turtle Creek Blvd, University Park, TX 75225
Bryan Hagen
02/18/2014
1335245
TX
08/31/2015
Form ACR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
7320 Turtle Creek Blvd, University Park, TX 75225
Bryan Hagen
02/18/2014
1335245
TX
08/31/2015
APPRAISER'S CERTIFICATION:The Appraiser certifies and agrees that:
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made
a positive adjustment to increase the adjusted sales price of the comparable.
2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not
knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the
appraisal report are true and correct.
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limiting conditions specified in this form.
4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with
respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report
on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties in the vicinity of the subject property.
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this
appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate,
the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I
did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those
Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value
and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the
reconciliation section.
8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report.
I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that
I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional
assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and
disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform
the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take
no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION:If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser,
agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
APPRAISER:SUPERVISORY APPRAISER (only if required):
Signature:Signature:
Name:Name:
Date Signed:Date Signed:
State Certification #:State Certification #:
or State License #:or State License #:
State:State:
Expiration Date of Certification or License:Expiration Date of Certification or License:
DidDid Not Inspect Property
Freddie Mac Form 439 6-93 Fannie Mae Form 1004B 6-93Page 2 of 2
Page #4Main File No. M402147
FIRREA / USPAP ADDENDUM
Property Address
CityCountyStateZip Code
Purpose
Scope
Intended Use / Intended User
History of Property
Current listing information:
Prior sale:
Exposure Time / Marketing Time
Personal (non-realty) Transfers
Additional Comm ents
Certification Supplement
1.This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or an approval of a loan.
2.My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value
estimate, the attainment of a stipulated result or the occurrence of a subsequent event.
Appraiser(s):
Effective date / Report date:
Supervisory Appraiser(s):
Effective date / Report date:
Form FUA2 — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
D.W. Skelton & Associates, Inc (214) 265-1037
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
The purpose is estimating market value as defined in this report.
An appraiser has personally inspected the subject property for the purpose of estimating market value as defined in this report. Data sources
possibly utilized in searching the subject's market area include: Multiple Listing Service; County Tax Records; conversations with real estate agents
and builders familiar with the subject's market area and appraiser's files. The market area was searched to locate sales of properties which are
considered reliable indicators of market value.
This appraisal is intended for use by the client and/or its assigns. This report is not intended for any other use. The client of this appraiser is
identified on the first page of confidential appraisal report under the heading LENDER/CLIENT. It should be understood by the reader of this
report that when the lender/client is identified as a lending institution, the purpose of this report is to determine the estimated loan security provided
by the property. This report was not prepared for, nor should be used as a device for purchaser inducement.
To our knowledge there are no active listing agreements or current contracts on the subject property. No prior sales history
of the subject was found within the past 36 months.
As per USPAP Standard's Rule 1-5, where such information is available in the normal course of business all agreements of sale,
options, or listings of the subject have been analyzed as of the effective date of this report. All sales of the subject property occuring within the
past three years prior to the effective date have been analyzed.
Exposure time is discussed in the neighborhood section.
Lot Appraisal Only
This report was completed according to the guidelines set forth in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(FIRREA) and is in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). The report was not based on a requested
minimum valuation, specific valuation, or an approval of a loan. Sufficient data was available to the appraiser during the analysis to complete the
appraisal assignment.
This is an Appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2 (a) of the USPAP for
an Appraisal Report. As such, it presents only discussions of the data, reasoning, and analyses that were used in the appraisal process to develop
the appraiser's opinion of value. Supporting documentation that is not provided with the report concerning the data, reasoning, and analyses is
retained in the appraiser's file. The appraiser is not responsible for unauthorized use of this report. To develop the opinion of value, the appraiser
performed a complete appraisal process, as defined by the USPAP. The Appraisal Institute has adopted professional requirements for appraisal
reports prepared by its members and candidates. Reports prepared by those associated are subject to the requirements and review by the
aforementioned national appraisal organization's duly authorized representative.
The appraiser is not a surveyor or a home inspector. A survey and a physical inspection by a licensed professional is highly recommended. The
value estimate reported could be affected by findings of a surveyor or professional home inspector. The appraiser has based the value reflected
in this report on the lot size reported and absence of any adverse easements or encroachments. It is also assumed that all mechanical and
structural components are in satisfactory working order.
Bryan Hagen
02/13/2014
Borrower/Client
Client
Form FUA2 — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
D.W. Skelton & Associates, Inc (214) 265-1037
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
The purpose is estimating market value as defined in this report.
An appraiser has personally inspected the subject property for the purpose of estimating market value as defined in this report. Data sources
possibly utilized in searching the subject's market area include: Multiple Listing Service; County Tax Records; conversations with real estate agents
and builders familiar with the subject's market area and appraiser's files. The market area was searched to locate sales of properties which are
considered reliable indicators of market value.
This appraisal is intended for use by the client and/or its assigns. This report is not intended for any other use. The client of this appraiser is
identified on the first page of confidential appraisal report under the heading LENDER/CLIENT. It should be understood by the reader of this
report that when the lender/client is identified as a lending institution, the purpose of this report is to determine the estimated loan security provided
by the property. This report was not prepared for, nor should be used as a device for purchaser inducement.
To our knowledge there are no active listing agreements or current contracts on the subject property. No prior sales history
of the subject was found within the past 36 months.
As per USPAP Standard's Rule 1-5, where such information is available in the normal course of business all agreements of sale,
options, or listings of the subject have been analyzed as of the effective date of this report. All sales of the subject property occuring within the
past three years prior to the effective date have been analyzed.
Exposure time is discussed in the neighborhood section.
Lot Appraisal Only
This report was completed according to the guidelines set forth in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(FIRREA) and is in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). The report was not based on a requested
minimum valuation, specific valuation, or an approval of a loan. Sufficient data was available to the appraiser during the analysis to complete the
appraisal assignment.
This is an Appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2 (a) of the USPAP for
an Appraisal Report. As such, it presents only discussions of the data, reasoning, and analyses that were used in the appraisal process to develop
the appraiser's opinion of value. Supporting documentation that is not provided with the report concerning the data, reasoning, and analyses is
retained in the appraiser's file. The appraiser is not responsible for unauthorized use of this report. To develop the opinion of value, the appraiser
performed a complete appraisal process, as defined by the USPAP. The Appraisal Institute has adopted professional requirements for appraisal
reports prepared by its members and candidates. Reports prepared by those associated are subject to the requirements and review by the
aforementioned national appraisal organization's duly authorized representative.
The appraiser is not a surveyor or a home inspector. A survey and a physical inspection by a licensed professional is highly recommended. The
value estimate reported could be affected by findings of a surveyor or professional home inspector. The appraiser has based the value reflected
in this report on the lot size reported and absence of any adverse easements or encroachments. It is also assumed that all mechanical and
structural components are in satisfactory working order.
Bryan Hagen
02/13/2014
Borrower/Client
Client
FIRREA / USPAP ADDENDUM
Property Address
CityCountyStateZip Code
Purpose
Scope
Intended Use / Intended User
History of Property
Current listing information:
Prior sale:
Exposure Time / Marketing Time
Personal (non-realty) Transfers
Additional Comm ents
Certification Supplement
1.This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or an approval of a loan.
2.My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value
estimate, the attainment of a stipulated result or the occurrence of a subsequent event.
Appraiser(s):
Effective date / Report date:
Supervisory Appraiser(s):
Effective date / Report date:
Page #5Main File No. M402147
File No.
Property Address
CityCountyStateZip Code
This Report is one of th e fol lowing types:
Appraisal Report (A written report prepared under Standards Rule, pursuant to the Scope of Work, as disclosed elsewhere in this report.)
Restricted
Appraisal Report
(A written report prepared under Standards Rule, pursuant to the Scope of Work, as disclosed elsewhere in this report,
restricted to the stated intended use by the specified client or intended user.)
Reasonable Exposure Time (USPAP defines Exposure Time as the estimated length of time that the property interest being
appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.)
My Opinio n of Reasonable Exposure Time for the subject proper ty at the m arket value stated in this report is:
APPRAISER:
Signature:
Name:
State Certification #:
or State License #:
State:Expiration Date of Certification or License:
Date of Signature and Report:
Effective Date of Appraisal:
Inspection of Subject:NoneInterior and ExteriorExterior-Only
Date of Inspection (if applicable):
SUPERVISORY or CO-APPRAISER (if applicable):
Signature:
Name:
State Certification #:
or State License #:
State:Expiration Date of Certification or License:
Date of Signature:
Inspection of Subject:NoneInterior and ExteriorExterior-Only
Date of Inspection (if applicable):
N/A M402147
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
APPRAISAL AND REPORT IDENTIFICATION
2-2(a)
2-2(b)
Comments on Standards Rule 2-3
I certify that, to the best of my knowledge and belief:
— The statements of fact contained in this report are true and correct.
— The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional
analyses, opinions, and conclusions.
— Unless otherwise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
— Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year
period immediately preceding acceptance of this assignment.
— I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment.
— My engagement in this assignment was not contingent upon developing or reporting predetermined results.
— My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
— My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were
in effect at the time this report was prepared.
— Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report.
— Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each
individual providing significant real property appraisal assistance is stated elsewhere in this report).
Three to six months
Comments on Appraisal and Report Identification
Note any USPAP-related issues requiring disclosure and any state mandated requirements:
I have performed services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three year
period immediately preceding acceptance of this agreement.
Bryan Hagen
1335245
TX 08/31/2015
02/18/2014
02/13/2014
02/13/2014
Form ID14E — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Borrower/Client
Client
N/A M402147
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
APPRAISAL AND REPORT IDENTIFICATION
2-2(a)
2-2(b)
Comments on Standards Rule 2-3
I certify that, to the best of my knowledge and belief:
— The statements of fact contained in this report are true and correct.
— The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional
analyses, opinions, and conclusions.
— Unless otherwise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
— Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year
period immediately preceding acceptance of this assignment.
— I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment.
— My engagement in this assignment was not contingent upon developing or reporting predetermined results.
— My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
— My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were
in effect at the time this report was prepared.
— Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report.
— Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each
individual providing significant real property appraisal assistance is stated elsewhere in this report).
Three to six months
Comments on Appraisal and Report Identification
Note any USPAP-related issues requiring disclosure and any state mandated requirements:
I have performed services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three year
period immediately preceding acceptance of this agreement.
Bryan Hagen
1335245
TX 08/31/2015
02/18/2014
02/13/2014
02/13/2014
Form ID14E — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Borrower/Client
Client
File No.
Property Address
CityCountyStateZip Code
This Report is one of th e fol lowing types:
Appraisal Report (A written report prepared under Standards Rule, pursuant to the Scope of Work, as disclosed elsewhere in this report.)
Restricted
Appraisal Report
(A written report prepared under Standards Rule, pursuant to the Scope of Work, as disclosed elsewhere in this report,
restricted to the stated intended use by the specified client or intended user.)
Reasonable Exposure Time (USPAP defines Exposure Time as the estimated length of time that the property interest being
appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.)
My Opinio n of Reasonable Exposure Time for the subject proper ty at the m arket value stated in this report is:
APPRAISER:
Signature:
Name:
State Certification #:
or State License #:
State:Expiration Date of Certification or License:
Date of Signature and Report:
Effective Date of Appraisal:
Inspection of Subject:NoneInterior and ExteriorExterior-Only
Date of Inspection (if applicable):
SUPERVISORY or CO-APPRAISER (if applicable):
Signature:
Name:
State Certification #:
or State License #:
State:Expiration Date of Certification or License:
Date of Signature:
Inspection of Subject:NoneInterior and ExteriorExterior-Only
Date of Inspection (if applicable):
Page #6Main File No. M402147
Property Address
CityCountyStateZip Code
File No.Supplemental Addendum
Form TADD — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
M402147
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Borrower/Client
Client
Page #7Main File No. M402147
NEIGHBORHOOD
The subject property is located in the city of University Park. University Park is a predominantly
residential, incorporated city within the city limits of Dallas. It is bordered on three sides by
Dallas and bordered to the south by the similarly incorporated town of Highland Park. This is an
older neighborhood which is completely developed. Present land use consists of approximately
90% residential of various forms and fashion and approximately 5% supporting light commercial
business. The remaining 5% is made up of park areas and Southern Methodist University.
Southern Methodist University is located within the city limits of University Park.
University Park is bordered roughly to the east by Central Expressway and roughly to the west
by the Dallas North Tollway. It is also split by major north/south streets, Preston Road and
Hillcrest Road. It is situated approximately 5 miles north of downtown Dallas. Property
maintenance and upkeep is good. The remodeling and updating of older homes is
commonplace throughout the area. Also, many older homes have been torn down for the
construction of new properties depending on the condition of the older existing improvements.
Highland Park is located to the south of University Park. It is considered to be the same type
market area. Both incorporated cities participate in the Highland Park Independent School
District.
SITE
Per the survey provided the appraiser, the garage is over the property line. No apparent
adverse easements or encroachments were observed. The site is of smaller than average size
for the area and is located at the corner of Turtle Creek and Thackery. There is a small park
located on the other side of Turtle Creek, which is considered a thru street. The subject's park
view and thru street influence were considered to offset. The subject backs and sides (on one
side) to other residential properties. The subject is of an irregular shape which greatly limits the
utility of the lot and has an adverse affect on Market Value. The lot is 58.34' feet on the eastern
side and narrows toward the west boundary of the lot. Through conversations with building
officials of University Park, should the current improvements burn down or be razed, current
building codes/building setbacks would severely limit what could be built on the lot. No other
special influences noted. All influences have been considered and reflected in the analysis.
HIGHEST AND BEST USE
The maximum value of a site is realized when it is developed to its highest and best use. From
the Real Estate Appraisal Terminology Handbook, highest and best use is defined as:
"That reasonable and probable use that will support the highest present value, as defined, as of
the effective date of the appraisal. Alternatively, that use, from among reasonably probable and
legal alternative uses found to be physically possible, appropriately supported, financially
feasible, and which results in highest land value."
The definition immediately above applies specifically to the highest and best use of land. It is to
be recognized that in cases where a site has existing improvements on it, the highest and best
use may very well be determined to be different from the existing use. The existing use will
continue, however, unless and until land value in its highest and best use exceeds the total
value on the property in its existing use.
Implied within these definitions is recognition of the contribution of that specific use to
community environment or to community development goals in addition to wealth maximization
of individual property owners. Also implied is the determination of highest and best use results
from the appraiser's judgment and analytical skill, i.e., that the use determined from analysis
represents an opinion, not a fact to be found. In appraisal practice, the concept of highest and
best use represents the premise upon which value is based, in the context of most probable
use. In the context of investment value, an alternative term would be most profitable use.{1}
Property Address
CityCountyStateZip Code
File No.Supplemental Addendum
Form TADD — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
M402147
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Borrower/Client
Client
Page #8Main File No. M402147
{1}The Society of Real Estate Appraisers and The American Institute of Real Estate Appraisers,
"Real Estate Appraisal Terminology," 1975, page 107.
It is the opinion of the appraiser that the current Highest and Best Use of the subject property is
the current use of the property - residential.
IMPROVEMENTS
There are existing improvements on the property which were afforded no value in the analysis.
The analysis reflects lot value only.
SITE/VIEW/UTILITY ADJUSTMENTS
All site differences, view differences and utility differences between the subject and each
comparable have been accounted for and are reflected in the Site/View line-item-adjustment
box on the Market Value grid. The comparables used in the analysis sold from $94.00 per
square foot to $98.00 per square foot. A paired sale analysis of a closed lot sale in the subject's
immediate area of University Park indicates a negative 30% impact for lots that experience utility
issues. Based on the lands sales in this appraisal and the paired sale analysis, the subject's lot
value is estimated to $345,000 or approximately $65.00 per square foot.
MARKET DATA COMMENTS
All comparables are closed land sale from the subject’s market area and were considered
reliable indicators of current market trends.
Comparables were adjusted for site/view influences and to allow for the subject's poor utility.
All comparables were considered in arriving at the final estimate of value.
All comparables sold for land value only and have been razed as of the effective date of this
appraisal, the pictures in this appraisal were taken at the time of their sale.
Property Address
CityCountyStateZip Code
Form PIC4x6.SR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Subject Photo Page
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Subject Front
Subject Rear
Subject Street
Borrower/Client
Client
Form PIC4x6.SR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Subject Photo Page
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Subject Front
Subject Rear
Subject Street
Borrower/Client
Client
Property Address
CityCountyStateZip Code
Page #9Main File No. M402147
Property Address
CityCountyStateZip Code
Form PIC4x6.SR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Subject Photo Page
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Park
Borrower/Client
Client
Form PIC4x6.SR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Subject Photo Page
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Park
Borrower/Client
Client
Property Address
CityCountyStateZip Code
Page #10Main File No. M402147
Property Address
CityCountyStateZip Code
Form PIC4x6.CR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Comparable Photo Page
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Comparable1
Comparable2
Comparable3
Borrower/Client
Client
Form PIC4x6.CR — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Comparable Photo Page
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Comparable1
Comparable2
Comparable3
Borrower/Client
Client
Property Address
CityCountyStateZip Code
Page #11Main File No. M402147
Property Address
CityCountyStateZip Code
Form MAP.LOC — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Location Map
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Borrower/Client
Client
Form MAP.LOC — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Location Map
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Borrower/Client
Client
Property Address
CityCountyStateZip Code
Page #12Main File No. M402147
Property Address
CityCountyStateZip Code
Form MAP.FLOOD — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Flood Map
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Borrower/Client
Client
Form MAP.FLOOD — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Flood Map
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Borrower/Client
Client
Property Address
CityCountyStateZip Code
Page #13Main File No. M402147
Property Address
CityCountyStateZip Code
Form MAP.PLAT — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Plat Map
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Borrower/Client
Client
Form MAP.PLAT — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Plat Map
N/A
7320 Turtle Creek Blvd
University ParkDallas (113)TX 75225
Mark Connell
Borrower/Client
Client
Property Address
CityCountyStateZip Code
Page #14Main File No. M402147
Form SCA — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODEForm SCA — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Page #15Main File No. M402147
Form SCA — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODEForm SCA — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Page #16Main File No. M402147
Form SCA — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODEForm SCA — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
Page #17Main File No. M402147
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS,
ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY OF TURTLE CREEK
BOULEVARD,AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A HERETO,TO
THE ABUTTING OWNERS, MARK W. CONNELL AND WIFE, LAURIE W. CONNELL;
PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE
FOR RECORDING IN THE REAL PROPERTY RECORDS OF UNIVERSITY PARK
COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of University Park, Texas, has determined that a
certain street right-of-way,as described herein, isnot needed or necessary for public purposes by
the City and any claim to it should be abandoned to the abutting owners, subject to the provisions of
this ordinance;Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.The City of University Park hereby abandons and quitclaims, in favor of the
abutting owners, Mark W. Connell and wife, Laurie W. Connell (“Owners”),of 7320 Turtle Creek
Boulevard, a 1,982.4 square feet portion of the street right-of-way of Turtle Creek Boulevardthat is
no longer needed or necessary for public purposes by the City, said right-of-waybeing more
particularly describedand depicted in Exhibit “A” attached hereto and made a part hereof for all
purposes, the same as if fully copied herein,in the City of University Park, DallasCounty, Texas
(the “abandoned area”).
SECTION 2.That the City of University Park does not abandon any other interest other
than described in Exhibit “A”, but does hereby abandon all of its right, title, or interest in the
described real property, together with any and all improvements thereon, if any, subject however, to
the provisions of this ordinance.
SECTION 3. That upon paymentto the City by Ownersof $128,380.22,the fair market
value of the interest describedand depictedin Exhibit “A” as determined by an appraisal obtained
by the City for this purpose, the City Secretaryis directed to prepare a certified copy of this
ordinance and furnish the same to Ownersfor recordingin the Real Property Records of Dallas
County. The recording of this abandonment ordinance in the Real Property Records of Dallas
County, Texas, shall serve as a quitclaim deed of the City of University Park of all such right, title
or interest of the City of University Park in and to the abandoned property, plus all improvements
thereon, if any.
SECTION 4.This ordinance shall take effect immediately from and after its passage, as
the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the 18thday
of March2014.
APPROVED:
________________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM:ATTEST:
_________________________________________________________________
CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY
(RLD/03-11-14/65138)
EXHIBIT “A”
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EXHIBIT "A"
EXHIBIT "A"
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
AGENDA MEMO
3/18/2014 Agenda
TO: Honorable Mayor and City Council
FROM: Thomas W. Tvardzik, Director of Finance
SUBJECT: An ordinance establishing the Over-65 and Disabled Homestead
Exemption amount at $288,000
BACKGROUND:
Since 2008, the City Council has modified the City’s over-65 and disabled homestead
exemption to an amount approximating 25% of the average single-family home market
value established the previous tax year. This practice is consistent with the City’s
Financial Management Policies. The chart below displays the yearly changes in the
value of an average single-family home, and the related exemption:
Certified
Value (Base)
Year
AVG SF
Home value
Multiply by
25%
Exemption
Amount
Tax
Year/Fiscal
Year
2007 $1,064,621$266,155 $250,000 2008/FY2009
2008 $1,183,170$295,793 $295,000 2009/FY2010
2009 $1,189,311$297,328 $297,000 2010/FY2011
2010 $1,120,199$280,050 $280,000 2011/FY2012
2011 $1,093,015$273,254 $275,000 2012/FY2013
2012 $1,092,539$273,135 $275,000 2013/FY2014
The market value of the average single-family home increased to $1,153,806 in 2013.
Multiplying this value by 25% yields $288,452, or $288,000 rounded to the nearest
thousand.
RECOMMENDATION:
To remain consistent with the City’s policies and past practices, City staff recommends
the exemption amount be increased from the current $275,000 to $288,000. The
Finance Advisory Committee reviewed this matter during their meeting of February 13,
2014, and voted in favor of the exemption increase.
If approved by the City Council, City staff will communicate the change to the Dallas
Central Appraisal District for inclusion in the computation of the 2014 certified tax roll.
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, TO PROVIDE
AN EXEMPTION ON THE RESIDENCE HOMESTEAD OF AN INDIVIDUAL WHO IS
DISABLED OR AN INDIVIDUAL WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER IN
THE AMOUNT OF TWO HUNDRED EIGHTY EIGHT THOUSAND DOLLARS
($288,000.00)ON THE ASSESSED VALUE;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council desires to settheexemption from taxation of a portion of the
appraised value of a residence homestead of an individual who is sixty-five years of age or olderor
an individual who is disabled, as authorized by the Tax Code, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.That there is hereby established for the tax year 2014an exemption from
taxation of two hundred eighty eightthousand dollars ($288,000.00) of the appraised value of the
residence homestead of an individual who is sixty-five years of age or olderor an individual who is
disabled. “Disabled” means a person having a disability for purposes of payment of disability
insurance benefits under the Federal Old Age Survivors and Disability Insurance Act.
SECTION 2.This ordinance shall take effect immediately from and after its passage, as
the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the 18thday
of March, 2014.
APPROVED:
________________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM:ATTEST:
__________________________________________________________
CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY