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2015.09.01 City Council Agenda
City Council City of University Park Meeting Agenda City Hall 3800 University Blvd. University Park, TX 75205 Council Chamber5:00 PMTuesday, September 1, 2015 PRE-MEETING WORK SESSION(S) 4:00 - 5:00 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: City Councilmember Dawn Moore B.PLEDGE OF ALLEGIANCE: City Councilmember Dawn Moore / Boy Scouts C.INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr. D.INTRODUCTION OF STAFF: City Manager Robbie Corder II.AWARDS AND RECOGNITION Proclamation in recognition of September as Leukemia, Lymphoma & Myeloma Awareness Month III.CONSENT AGENDA 15-415 Consider approval of a Professional Services Agreement with Gene R. Smallwood Agenda Memo Template.docx Professional Services Contract Engineering.doc Attachments: Page 1 City of University Park Printed on 8/28/2015 September 1, 2015City Council Meeting Agenda 15-412 Consider approval of a Resolution and Interlocal Purchasing Agreement with Dallas County Memo to Council - DC ILA.docx Resolution for City Mgr Authority.docx Dallas County ILA Form.pdf Attachments: 15-414 Consider award of Bid # 2015-10 for Portland Type 1 Cement Memo to Council - Bid 2015-10.docx Bid Tab 2015-10 Portland Cement.pdf Attachments: 15-419 Consider approval of the minutes of the August 18, 2015 City Council Meeting, with or without corrections. Staff Report City Council Meeting Minutes - August 18, 2015 Attachments: IV.MAIN AGENDA 15-421 Public hearing on FY2016 budget Memo Public Hearing Budget Proposed 2016 Budget Summary Revised Proposed 2016 Budget Summary POST DRAFT BUDGET REVISIONS.pdf Attachments: 15-420 Second public hearing on proposed FY2016 tax rate Memo Public Hearing Tax Rate 2 City of University Park 2015 worksheet 2015 Tax Rate Notice Attachments: 15-407 Consider approval of a park reservation request and route through University Park for the Susan G. Komen 3-Day Walk 9-1-15 Susan G Komen Walk - Agenda Memo Susan G Komen Walk 2015 - Letter of Request Attachments: 15-418 Consider abandonment of ROW at 4500 Mockingbird Agenda Memo Appraisal Attachments: V.PUBLIC COMMENTS Page 2 City of University Park Printed on 8/28/2015 September 1, 2015City Council Meeting Agenda 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. VI.ADJOURNMENT 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, Christine Green, 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:_____________________________ ________________________________ Christine Green, City Secretary Page 3 City of University Park Printed on 8/28/2015 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC052E55\@BCL@DC052E55.docx 10:48 AM 08/26/15 AGENDA MEMO 9/1/2015Agenda TO:Honorable Mayor and City Council FROM:Robbie Corder, City Manager SUBJECT:Consider & Act: Professional Services Contract with Gene. R. Smallwood BACKGROUND: With the recent retirement of Bud Smallwoodas Director of Public Works, the proposed professional services contract will allow the Cityto retain Mr. Smallwood in a consulting role. The City has large, ongoing capital projects and would like to ensure a smooth transition with Mr. Smallwoodassisting staff through completion of those projects. In addition, staff would like Mr. Smallwood to work on additional engineering projects that would allow the City to utilize his extensiveknowledge and history of the City’s infrastructure. The professional services contract would compensate Mr. Smallwood at a rate of $125/hr. The total cost of the contract depends upon the total number of hours billed; however, staff requests the Council to authorize expenditures over $50,000. Funds are available in the capital projects fund with a vacant engineering position. RECOMMENDATION: Staff recommends approval of the agreement. Page 1 51681 STATE OF TEXAS § §AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DALLAS § This agreement (“Agreement”) is made by and between the City of University Park, Texas (“City”) and Gene R. Smallwood(“Contractor”). RECITALS: WHEREAS, the City desires to engage the services of Contractorto perform Civil Engineering responsibilities on an as needed basis; and WHEREAS, Contractordesires to render such services for the City upon the terms and conditions provided herein. NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: ARTICLE I TERM OF AGREEMENT 1.1 The term of this Agreement shall commence on September 1,2015and terminate on September 1, 2016; provided however, that the City shall have the right and option to extend the term by giving written notice to ContractorofCity’s election to extend the term hereof. ARTICLE II SCOPE OF SERVICES 2.1 The City agrees to engage Contractorfor the purpose of providingduties involvingcivil engineering associated with capital projects, operations, and professional review of constructionplans submitted in connection with capital projects and/or building permit applicationsfor commercialprojects. The parties agree that Contractorshall perform such services as are determined by the City Manager (“Manager”) and Director of Public Works (“Director”). ARTICLE III SCHEDULE OF WORK 3.1 Contractoragrees to commence work when notified by the Manageror Director for various engineering functions, including capital projects. Contractor will generally be available for meetings and work at the Peek Service Centeror City Hallduring regular business hours Monday –Friday, 8am –4:30 p.m. unless otherwise scheduled with the Manager and/or Director. Page 2 51681 ARTICLE IV COMPENSATION 4.1 Contractor will be paid for his services at an hourly rate of One Hundred& Twenty-five dollars($125.00) per hour. Payments hereunder shallbe made to Contractorbi- monthly, roughly corresponding with the City’s payroll schedule. ARTICLE V COMPLIANCE WITH APPLICABLE CODES 5.1 Contractor will perform all servicesin a professional and thorough manner in conformance with allcodes, ordinances, and statutes of the City, State, and Federal governments. ARTICLE VI CONTRACT TERMINATION 6.1 Bothparties agree shall have the right to terminate this Agreement with or without cause upon fifteen(15) days’written notice. ARTICLE VII INDEPENDENT CONTRACTOR 7.1 Contractorcovenants and agrees that he is an independent contractor and not an officer, agent, servant or employee of City; that Contractorshall have exclusive control of and exclusive right to control the details of the work performed hereunder, and shall be responsible for hisacts and omissions and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. ARTICLE VIII MISCELLANEOUS 8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes allprior understandings written or oral agreements between the parties with respect to this subject matter. 8.2 Assignment. Contractormay not assign this Agreement without the prior written consent of City. In the event of an assignment by the Contractorto which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 8.3 Successors and Assigns.Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. Page 3 51681 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in Dallas County, Texas. 8.5 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 8.6 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.7 Notice. Any notice required or permitted to be delivered hereunder may be delivered by hand, sent by first class mail, overnight courier or by confirmed facsimile. Executedthis _______ day of _____________________ 2015. City of University Park, Texas By: Robbie Corder, City Manager APPROVED AS TO FORM: By: ___________________________________ City Attorney Contractor By: Name: Gene R. Smallwood 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C405AC12\@BCL@C405AC12.docx 10:48 AM 08/20/15 AGENDA MEMO 9/1/2015Agenda TO:Honorable Mayor and City Council FROM:Elizabeth Anderson, Purchasing Manager SUBJECT:Resolution and InterlocalPurchasing Agreement with Dallas County BACKGROUND: The Public Works Department would like to take advantage of Dallas County’s contract number2014-063-6445 for Road and Bridge Materials. In order to do this, the City must establish an interlocalagreement with Dallas County.The attached interlocal agreement is evergreen andwould allow the City to take advantage of ALL competitively bid contracts that the County has established. The attached Resolution authorizes the City Manager to sign off on the interlocal agreement. Interlocal agreements are an efficient and cost-effective way for municipalities to make purchases that satisfy competitive bidding requirements. This type of agreement is allowed through the Interlocal Cooperation Act (Texas Government Code, Chapter 791). Copies of the proposed Resolution and interlocal agreement with Dallas County are attached. RECOMMENDATION: Staff recommends the approval of the Resolution, authorizingthe City Manager to enter into the interlocal agreement with Dallas County. RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVINGAMASTERINTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING WITH DALLAS COUNTY;AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to enter into a Master Interlocal Agreement with Dallas County for cooperative purchasing as authorized by state law; Now,Therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1.That the Master Interlocal/Cooperative Purchasing Agreement between Dallas County and the City of University Park, a true copy of which is attached hereto as Exhibit “A” and made part hereof for all purposes, is accepted and approved in all respectsby the City Council. That the City Manager is authorized and directed to execute such Agreement on behalfof the City of University Park and to take such other administrative steps as may be necessary to participate in the cooperative purchasing authorized by the Agreement. SECTION2.This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the ____day of ____________2015. APPROVED: _______________________________ OLIN B. LANE,MAYOR ATTEST: ________________________________________ CHRISTINE GREEN, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD/08-17-15; 72919) STATE OF TEXAS ' COUNTY OF DALLAS ' MASTER INTERLOCAL/COOPERATIVE PURCHASING AGREEMENT BETWEEN DALLAS COUNTY AND GOVERNMENTAL AGENCY FOR AGENCY’S USE OF DALLAS COUNTY CONTRACTS WHEREAS, DALLAS COUNTY does enter into competitive bids for acquisition of various goods and services in accordance with Texas Local Government Code Section 262.023 “Competitive Bidding and Competitive Proposal Requirements”, as amended; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes interlocal agreements between local government agencies to perform governmental functions and services such as streets, roads and drainage; and Section 791.025 of the Texas Government Code does permit interlocal agreements between local governments for the purchase of goods and services and does satisfy the requirement of local governments to seek competitive bids for the purchase of such goods and services through Supplier Contracts; and WHEREAS, CITY OF UNIVERSITY PARK now requests that DALLAS COUNTY allow them to enter into this Master Agreement to permit CITY OF UNIVERSITY PARK to utilize and/or be incorporated into one or more DALLAS COUNTY Supplier Contracts as previously solicited by DALLAS COUNTY and awarded to Vendors in accordance with State purchasing laws and the Dallas County Code, Chapter 94 “Purchasing and Contract Management Policy”. NOW, THEREFORE, THIS MASTER AGREEMENT is hereby made and entered into by and between DALLAS COUNTY and CITY OF UNIVERSITY PARK upon and for the mutual consideration as stated below: A. DEFINITIONS. 1. Master Agreement. This document titled the Master Interlocal/Cooperative Purchasing Agreement between DALLAS COUNTY and CITY OF UNIVERSITY PARK. A separate Master Agreement shall be executed between each and every AGENCY that wishes to utilize DALLAS COUNTY Supplier Agreements. 2. Supplier Agreement. An existing agreement between DALLAS COUNTY and a Vendor for the purchase of goods and services. 3. Vendor. An external business, entity or enterprise that supplies goods and/or services to DALLAS COUNTY that satisfies the requirement of local governments to seek competitive bids for the purchase of goods and services. 1 4. CITY OF UNIVERSITY PARK. A governmental entity in the State of Texas that desires to do business with DALLAS COUNTY and their Vendor(s). 5. DALLAS COUNTY. A governmental entity in the State of Texas. B. BOUND BY CONDITIONS. CITY OF UNIVERSITY PARK understands and agrees to be bound by the terms, conditions and expiration date of the requested Supplier Agreement, and hereby agrees to fulfill each and every requirement contained therein as if CITY OF UNIVERSITY PARK was the original procuring entity. DALLAS COUNTY reserves the right to terminate the specified Supplier Agreement prior to its expiration without further obligation or penalty pursuant to State law and DALLAS COUNTY policy. C. INDEPENDENT ADMINISTRATION. For all goods and services purchased by CITY OF UNIVERSITY PARK, CITY OF UNIVERSITY PARK agrees, at its sole cost and expense, to independently administer the requested Supplier Agreement and to pay the Vendor directly for any and all related costs. CITY OF UNIVERSITY PARK agrees to pay for such goods and services from current revenues, in accordance with the terms and conditions of the Supplier Agreement and DALLAS COUNTY bid specifications. Each AGENCY shall be liable to the Vendor only for goods and services requested and received, and shall not, by the execution of this Master Agreement, assume any additional liability. D. TERM. The term of this Master Agreement shall commence on the date of execution by the last party to sign. The agreement shall remain in effect until written formal termination is made by either party. Either party may, without cause, terminate this Master Agreement with prior written notice of thirty (30) days to all parties, including to the Vendor of any Supplier Agreements being utilized. E. DISPUTE RESOLUTION. In the event of a dispute or claim between DALLAS COUNTY’S Vendor and CITY OF UNIVERSITY PARK resulting from CITY OF UNIVERSITY PARK’S use of a DALLAS COUNTY Supplier Agreement, CITY OF UNIVERSITY PARK agrees to: 1. Provide written notice to DALLAS COUNTY within two (2) business days of any dispute or claim with a Vendor; 2. Use their good faith efforts and attempt to quickly resolve any and all disputes and claims with Vendor; 3. Pay to DALLAS COUNTY all direct and indirect costs associated with any and all actions required for resolution of any dispute or claim related to this Master Agreement; and 4. In the event of any mediation, arbitration, litigation or other actions resulting from CITY OF UNIVERSITY PARK’S use of a DALLAS COUNTY Supplier Agreement, CITY OF 2 UNIVERSITY PARK will, at its sole cost and expense, enter and defend such actions, including the interest of DALLAS COUNTY, and shall pay all costs and expenses, including attorneys fees, court costs, claims, demands or judgments arising in anyway from any actions related to this Master Agreement. F. INDEPENDENT PARTY. DALLAS COUNTY and CITY OF UNIVERSITY PARK acknowledge that neither party is an agent, employee or joint enterprise of the other, and that each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the utilization and/or cooperative solicitation of any Supplier Agreement obtained in accordance with Texas law and this Master Agreement. G. PROVISION OF GOODS AND SERVICES. DALLAS COUNTY will not provide any funds, equipment or personnel utilized in the acquisition of goods or services to CITY OF UNIVERSITY PARK under this Master Agreement and/or any Supplier Agreement. H. NO WARRANTY. DALLAS COUNTY shall neither warrant nor be responsible for the quality or delivery of goods and/or services from a Vendor under any Supplier Agreement. CITY OF UNIVERSITY PARK shall receive warranties provided directly by the Vendor, if any, for the goods and/or services purchased under a Supplier Agreement. I. VENDOR APPROVAL. CITY OF UNIVERSITY PARK will be able to procure goods and/or services from those Supplier Agreements executed by DALLAS COUNTY where the Vendor has accepted the terms for cooperative purchasing agreements for local governments established by Texas law. J. MISCELLANEOUS PROVISIONS. 1. Binding Agreement and Authority. This Master Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Master Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this Master Agreement. 2. Amendment. This Master Agreement may not be amended except in a written instrument specifically referring to this Master Agreement and signed by the parties hereto. 3. Applicable Law. This Master Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either CITY OF UNIVERSITY PARK or DALLAS COUNTY shall lie in Dallas County, Texas. Nothing herein is intended to benefit any third party beneficiaries. 4. Immunity. This Master Agreement shall be expressly subject to CITY OF UNIVERSITY PARK’S Governmental Immunity and DALLAS COUNTY’S Sovereign Immunity, Title 5 of the TEXAS CIVIL PRACTICES AND REMEDIES CODE, and all applicable federal and state law. 3 5. Severability. In the event that one (1) or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, this Master Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provisions of this Master Agreement, which shall remain in full force and effect. 6. The CITY OF UNIVERSITY PARK has executed this Master Agreement pursuant to Council Resolution No. _____________, passed on the __________ day of _______________________, 2015. 7. DALLAS COUNTY has executed this Master Agreement pursuant to Commissioners Court Order No. _____________, passed on the ________________ day of _______________________, 2015. EXECUTED this the __________________ day of ________________________________, 2015. COUNTY OF DALLAS: CITY OF UNIVERSITY PARK: BY:______________________________ BY: ______________________________ Clay Lewis Jenkins County Judge RECOMMENDED: RECOMMENDED: BY:______________________________ BY:______________________________ Daniel R. Garza Purchasing Agent APPROVED AS TO FORM*: APPROVED AS TO FORM: SUSAN HAWK DALLAS COUNTY DISTRICT ATTORNEY BY:_______________________________ RUSSELL RODEN CHIEF, CIVIL DIVISION BY:_______________________________ Chong Choe Assistant District Attorney *By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). 4 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@68052C80\@BCL@68052C80.docx 2:47 PM 08/21/15 AGENDA MEMO 9/1/2015Agenda TO:Honorable Mayor and City Council FROM:Elizabeth Anderson, Purchasing Manager SUBJECT:Bid # 2015-10 for Portland Type 1 Cement BACKGROUND: The Infrastructure Maintenance DepartmentusesPortland Type 1 cement for construction and repair jobs throughout the City on an as-needed basis. The City’s most recent contract expired, so staff put this out for bid on August 3, 2015. Staff received only one response, from Martin Marietta. Martin Marietta offered $121.25/ton. The City estimates that it will use 1,800 tons over the next two years, bringing the two-year total to $218,250.00. This price includes delivery to the 2525 UniversityBlvd.location and is slightly lower than the $122.73/ton price that the City has paid on recent invoices. This contract is for two years, with three optional annual renewals. The City already has a relationshipwith Martin Mariettaand has confidence in their ability to deliver quality product in a timely manner. A bidtabulation is included. RECOMMENDATION: Staff recommends awarding the contract for bid # 2015-10 to Martin Marietta for a two- year total of $218,250.00. 55 66 Bid #2015-10 - Bulk Type 1 Portland Cement Creation Date Jul 31, 2015 End Date Aug 21, 2015 10:00:00 AM CDT Start Date Aug 3, 2015 9:03:19 AM CDT Awarded Date Not Yet Awarded 2015-10--01-01 Type 1 Portland Cement Supplier Unit Price Qty/Unit Total Price Attch.Docs Martin Marietta First Offer - $121.25 1800 / ton $218,250.00 Y Product Code: Agency Notes: Supplier Product Code: Portland Cement Type I/II Supplier Notes: Minimum freight of 24 tons apply to short loads. Supplier Totals Martin Marietta $218,250.00 Bid Contact Jason Stilwell jason.stilwell@martinmarietta.com Ph 214-519-1622 Address 1805 L. Don Dobson Drive Bedford, TX 76021 Agency Notes:Supplier Notes: **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received may be available for inspection at that time. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@58050B0E\@BCL@58050B0E.docx 1:17 PM 08/28/15 AGENDA MEMO 9/1/2015Agenda TO:Honorable Mayor and City Council FROM:Christine Green, City Secretary SUBJECT:Minutes of the August 18,2015 City Council Meeting Minutes of the August 18,2015City Council Meeting are included for the Council’s review. City Hall 3800 University Blvd. University Park, TX 75205 City of University Park Meeting Minutes City Council 5:00 PM Council ChamberTuesday, August 18, 2015 EXECUTIVE SESSION 3:30 - 4:00 P.M. Pursuant to TGC§ 551.071(2), the City Council met in closed session to receive confidential legal advice from the City Attorney regarding property tax exemptions. No action was taken. Executive Conference Room, 1st Floor, City Hall. PRE-MEETING WORK SESSION(S) 4:00 - 4:15 P.M. Director of Community Development Pat Baugh proposed a committee-based plan for the process of revising the Zoning Ordinance. No action was taken. Council Conference Room, 2nd floor, City Hall. 4:15 - 5:00 P.M. The City Council met in open work session to receive agenda item briefings from staff. No action was taken. Council Conference Room, 2nd floor, City Hall. CALL TO ORDERI. Mayor Olin Lane, Councilmember Taylor Armstrong, Councilmember Bob Begert, Councilmember Dawn Moore and Mayor Pro Tem Tommy Stewart Present:5 - INVOCATION: Mayor Pro Tem Tommy StewartA. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Tommy Stewart / Boy ScoutsB. Boy Scouts Tucker Russell and Michael Anderson of Troop 82, and Trevor Thacker of Troop 42 assisted Mayor Pro Tem Tommy Stewart in leading the Pledge of Allegiance. The scouts were present as part of earning their Citizenship in the Community merit badges. INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.C. Page 1City of University Park August 18, 2015City Council Meeting Minutes INTRODUCTION OF STAFF: City Manager Robbie CorderD. Staff in attendance included Community Information Officer Steve Mace, Director of Information Services Dale Harwell, Chief of Police Greg Spradlin, Director of Public Works Bud Smallwood, City Secretary Christine Green, Director of Finance Tom Tvardzik, Director of Parks Gerry Bradley, Communications Specialist Amanda Hartwick, former City Manager Bob Livingston, Deputy Director of Public Works Jacob Speer, Fire Chief Randy Howell, Community Development Director Patrick Baugh, Library Director Sharon Martin, and Director of Human Resources Luanne Hanford. AWARDS AND RECOGNITIONII. Mayor Pro Tem Stewart presented retiring Director of Public Works Bud Smallwood with a framed certificate in recognition of his 29 years of service to the City of University Park. Mayor Lane presented Mr. Smallwood with his retirement check. Both praised Mr. Smallwood for his many excellent years of service to the City of University Park. Former City Manager Bob Livingston remarked on Mr. Smallwood's positive impact on the City during his tenure and wished him well in retirement. CONSENT AGENDAIII. 15-403 Consider a Resolution renewing the City's Investment Policy City Manager Corder said that this is a required adoption by the City Council of the City's Investment Policy. There are no substantive changes to the policy since it was last approved on October 21, 2014. The Finance Advisory Committee recommended approval of the policy at its June meeting. This Resolution was approved. Enactment No: RES No. 15/004 15-404 Consider a Resolution adopting Financial Management Policies The City Manager said that this resolution adopts the City's Financial Management Policies. There are no substantive changes to the policies since they were adopted by the Council in 2011, but the Government Finance Officers Association recommends annual review and adoption of the policies as a best practice. The Finance Advisory Committee reviewed the Financial Management Polices at its June meeting and recommended approval. This Resolution was approved. Enactment No: RES No. 15/005 Page 2City of University Park August 18, 2015City Council Meeting Minutes 15-405 Consider approval of the minutes of City Council Meeting on August 4, 2015 with or without corrections. The minutes were approved. Approval of the Consent Agenda A motion was made by Mayor Pro Tem Stewart, seconded by Councilmember Armstrong, to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor Lane, Councilmember Armstrong, Councilmember Begert, Councilmember Moore, and Mayor Pro Tem Stewart 5 - MAIN AGENDAIV. 15-402 Public Hearing on Proposed FY2016 Tax Rate Mayor Lane opened the public hearing. Finance Director Tom Tvardzik gave a Powerpoint presentation to explain how the proposed tax rate was derived. He said that the Dallas County Appraisal District (DCAD) determines the market value of property in University Park. The market value is adjusted by exemptions to derive "taxable value." The "effective" tax rate (ETR) is a tax rate, based on the new valuation, that would give the City the same amount of tax revenue if applied to the same properties taxed in both years. The "rollback" tax rate (RTR) equals the "effective" tax rate plus 8%. Taxpayers may petition for a rollback tax election if the City proposes a rate higher than the "rollback" rate. At its meeting on August 4, 2015, the City Council adopted a 2015 maximum (not to exceed) proposed tax rate of .26979 per $100 of taxable value. Tom Tvardzik said that staff is currently considering a budget tax rate of .25999 per $100 valuation. As this rate exceeds the ETR, the City is required to hold two public tax rate hearings to receive comments. Robbie Corder said that there will be also two public hearings on the FY 2016 proposed budget, so some of this material will be covered in more detail. There were no speakers, so Mayor Lane closed the public hearing. Page 3City of University Park August 18, 2015City Council Meeting Minutes 15-401 Consider Traffic Signal Removal at Southwestern and Airline City Manager Corder said that in April, the Council directed staff to remove the flashing traffic signal at the Southwestern-Airline intersection. This was based on the recommendation of a traffic engineer and the Public Safety Advisory Committee. The signal heads were covered in burlap bags as the initial step in closing the signal. Subsequently, the City received several objections from residents, including from two property owners at the intersection who said that they had not been notified of the change. Mayor Lane said that based on the information staff received from residents near the intersection and in anticipation of greater traffic volume in the future on Airline, he would like the signal to remain in operation. A motion was made by Mayor Olin Lane, seconded by Councilmember Taylor Armstrong, to reinstate the flashing red lights at Southwestern and Airline. The motion carried by the following vote: Aye:Mayor Lane, Councilmember Armstrong, Councilmember Begert, Councilmember Moore, and Mayor Pro Tem Stewart 5 - 15-399 Consider City of University Park / Park Cities YMCA Facilities Utilization Agreement City Manager Corder said that the City of University Park and the Park Cities YMCA have had a Facilities Utilization Agreement since 2005 that establishes the responsibilities of both organizations regarding the use and maintenance of athletic fields, and establishes fees and field-closure policies. This is the next five-year increment of the same agreement, and it includes a 3% escalator in cost for the YMCA. A motion was made by Councilmember Bob Begert, seconded by Councilmember Taylor Armstrong, to approve this agreement. The motion carried by the following vote: Aye:Mayor Lane, Councilmember Armstrong, Councilmember Begert, Councilmember Moore, and Mayor Pro Tem Stewart 5 - Page 4City of University Park August 18, 2015City Council Meeting Minutes 15-400 Consider Amendment to Distribution Pole Attachment Agreement with Oncor City Manager Corder said that the City entered into a pole attachment agreement with Oncor in 2013 to allow the City and its contractors to place infrastructure on Oncor poles. Oncor requested various amendments to the indemnification provisions of the original agreement (Section 12 . Indemnification, Consequential Damages and Texas Deceptive Trade Practices - Consumer Protection Act). The amendment has been modified based upon negotiations between the City of Farmers Branch and Oncor. The amendments address various concerns the City had with the original amendment as proposed by Oncor. A motion was made by Mayor Pro Tem Tommy Stewart, seconded by Councilmember Taylor Armstrong, to approve this amendment to the agreement with Onor. The motion carried by the following vote: Aye:Mayor Lane, Councilmember Armstrong, Councilmember Moore, and Mayor Pro Tem Stewart 4 - Abstain:Councilmember Begert1 - PUBLIC COMMENTSV. None ADJOURNMENTVI. Page 5City of University Park 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8005230F\@BCL@8005230F.docx 4:20 PM 08/28/15 AGENDA MEMO 9/1/2015Agenda TO:Honorable Mayor and City Council FROM:Thomas W. Tvardzik, Director of Finance SUBJECT:PUBLIC HEARING:on FY2016 budget BACKGROUND: The Texas Local Government Code (Section 102) requires that a budget hearing be held no sooner than 15 days after the proposed budget is filed with themunicipal clerk. Using August 14thas the filing date, a hearing commencing on September 1, meets this requirement. As City Council traditionally holds the budget hearing over two consecutive City Council meetings, it is recommended that after public commentthe hearing be continued until the September 15thCouncil meeting. At the close of that hearing, both the budget and the resultantproperty tax rate are scheduled for adoption. Proposed budget The proposed FY2016budget (as filed with the City Secretary on August 14, 2015) of $48,496,878 is 2.6% higher than theadopted FY2015 budget of $47,263,144. Highlights of the proposed budget include: A third annual decrease in the property tax rate to 25.999 cents per $100 of taxable value(from 26.979 cents in FY2015). An increase in anticipated sales tax revenues of $400,000 from the FY2015 budget. A market-based 3% increase in compensation. A 3% increase in “pay-as-you-go” capital project funding, to $5.7 million. A 5% increase in equipment replacement funding, to a FY2016 rate of95%. 100% funding is anticipated for FY2017. A 4% increase in water rates, effectively passing through a similar increase from the DallasCounty/Park Cities Municipal Water District. A 5% increase in sanitation fees to both offset a structural deficit identified in the prior year and alleviate incremental costssince the last fee increase in fiscal 2009. An additional 5% increase is anticipated in FY2017. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8005230F\@BCL@8005230F.docx 4:20 PM 08/28/15 Revised proposed budget Subsequent to the filing of theproposed budget, a number of revisions and refinements were made. They are asfollows: An additional month of health insurance contribution ($157,102) was allocated across all budgeted departments. The October 2015 contribution had been erroneously omitted due to a computer logic error in handling payroll dates. Additional property and liability insurance costs ($5,000) were allocated to the University Park library. Additional water revenues ($150,000) were identified,as the calculation was refined to account for full year consumption behavior. Additional sanitation revenues ($50,000) were identified due to a request for increased service from SMUin late August. Three individuals (totaling $181,000 in fully-loaded costs) currently in the General Fund Street department will be either transferred or allocated to the Utility Fund Infrastructure Maintenance department, as they are tasked primarily with water or sewer line improvement projects. As a result of the above, further property tax relief of $72,500 is proposed in the General Fund. This would have the effect of lowering the tax rate to 25.893 cents per $100 of taxable value;a 1.086 cent (or 4%) decrease from the prior year. The revised proposed FY2016budget of $48,658,980 is 3.0%higherthan the adopted FY2015 budget of $47,263,144. Revised proposed property tax rate The property tax is the General Fund's primary source of revenue. In the revised proposed budget, $17,688,086 of the $29,924,786General Fund revenue is derived from current year property taxes. Even though the City is decreasing its tax rate to 25.893cents per $100 of taxable value (from 26.979 in FY2015), tax revenues will riseby $559,322because of the growthin the overall tax base. The 2015 certified tax roll rose 6.8% in market value and 7.6% in taxable value compared to last year. This is thefourth consecutive year of growth in taxable value. 2014 (FY2015)2015 (FY2016) Total market value $9,462,112,780 $10,106,827,390 Total taxable value $6,348,970,328 $6,831,257,440 City tax rate per $100 $0.26979 $0.25893 Total tax levy $17,128,764 $17,688,086 The market value of the average single-family (A11) home in University Park rose 7.9% in 2015. The average single family homeowner would pay $96more in City property taxes, as the table below demonstrates: 2014 (FY2015)2015 (FY2016) Avgsingle-family home (market)$1,251,237 $1,350,219 Avg single family home (taxable)$1,000,990 $1,080,175 Avg single-family home tax bill $2,701 $2,797 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8005230F\@BCL@8005230F.docx 4:20 PM 08/28/15 RECOMMENDATION: Open the public hearing and invite comments on the proposed budget. Continue the hearing until the next City Council meeting on September 15, 2015. ATTACHMENTS: Proposed Budget Summary and Property Tax Impact pages (as filed on August 14, 2015) Revised Proposed Budget Summary and PropertyTax Impact pages (as of September 1, 2015) Budget Revisions Walk-Forward. City of University Park Proposed Budget by Fund and Department AS OF AUGUST 14, 2015 Fund/Org Unit/Department FY2014 Actual Results FY2015 Adopted Budget FY2016 Proposed Budget $ Change % Change GENERAL FUND Total Revenue 31,895,675$ 29,127,024$ 29,997,286$ 870,262$ 3.0% Expenditures 01-02 EXECUTIVE 1,053,830$ 982,878$ 997,854$ 14,976$ 1.5% 01-03 FINANCE 894,456 1,095,780 1,075,601 (20,179) -1.8% 01-04 HUMAN RESOURCES 351,017 366,783 369,406 2,623 0.7% 01-05 INFORMATION SERVICES 1,036,312 1,001,452 932,445 (69,007) -6.9% 01-06 LIBRARY 751,963 719,684 717,246 (2,438) -0.3% 01-10 COURT 348,968 375,499 402,400 26,901 7.2% 01-19 COMMUNITY DEVELOPMENT 1,131,866 1,200,734 1,316,237 115,503 9.6% 01-20 ENGINEERING 745,377 775,179 802,464 27,285 3.5% 01-25 TRAFFIC 902,229 944,167 987,958 43,791 4.6% 01-35 FACILITY MAINTENANCE 570,104 625,552 672,609 47,057 7.5% 01-40 FIRE 5,189,851 5,454,191 5,957,884 503,693 9.2% 01-50 POLICE 6,660,458 7,176,920 7,250,772 73,852 1.0% 01-70 PARKS 2,856,633 2,916,371 2,913,026 (3,345) -0.1% 01-75 SWIMMING POOL 301,384 364,262 396,878 32,616 9.0% 01-80 STREETS 1,848,867 2,004,855 1,986,299 (18,556) -0.9% 01-85 TRANSFERS 6,927,196 3,123,152 3,216,847 93,695 3.0% Total Expenditures 31,570,511$ 29,127,459$ 29,995,926$ 868,467$ 3.22% GENERAL FUND SURPLUS/(DEFICIT)325,164$ (435)$ 1,360$ 1,795$ WATER AND SEWER FUND Total Revenue 14,965,459$ 14,893,045$ 15,108,500$ 215,455$ 1.4% Expenditures 02-21 UTILITY OFFICE 8,298,199$ 8,620,778$ 8,650,424$ 29,646$ 0.3% 01-22 UTILITIES 3,743,041 3,723,342 3,852,633 129,291 3.5% 02-85 TRANSFERS 2,755,188 2,374,342 2,445,572 71,230 3.0% Total Expenditures 14,796,428$ 14,718,462$ 14,948,629$ 230,167$ 1.6% WATER AND SEWER FUND SURPLUS/(DEFICIT)169,031$ 174,583$ 159,871$ (14,712)$ SANITATION FUND Total Revenue 2,796,346$ 2,876,160$ 3,029,600$ 153,440$ 5.3% Expenditures 04-60 EXPENDITURES 2,823,695$ 2,964,150$ 3,114,323$ 150,173$ 5.1% Total Expenditures 2,823,695$ 2,964,150$ 3,114,323$ 150,173$ 5.1% SANITATION FUND SURPLUS/(DEFICIT)(27,349)$ (87,990)$ (84,723)$ 3,267$ STORM WATER FUND Total Revenue 437,925$ 438,400$ 438,400$ -$ 0.0% Expenditures 05-23 STORM WATER 109,031$ 453,073$ 438,000$ (15,073)$ -3.3% 05-85 TRANSFERS (450,000)$ -$ -$ -$ #DIV/0! Total Expenditures (340,969)$ 453,073$ 438,000$ (15,073)$ #DIV/0! STORM WATER FUND SURPLUS/(DEFICIT)778,893$ (14,673)$ 400$ 15,073$ TOTAL REVENUES 50,095,405$ 47,334,629$ 48,573,786$ 1,239,157$ 2.6% TOTAL EXPENDITURES 48,849,666$ 47,263,144$ 48,496,878$ 1,233,734$ 2.6% TOTAL SURPLUS/(DEFICIT)1,245,739$ 71,485$ 76,908$ 5,423$ City of University Park Property Tax Impact AS OF AUGUST 14, 2015 FY2014 Adopted Budget FY2015 Adopted Budget FY2016 Proposed Budget $ Change % Change TOTAL CERTIFIED TAXABLE VALUE 5,899,777,154$ 6,348,970,328$ 6,831,257,440$ 482,287,112$ 7.60% TOTAL GENERAL FUND REVENUES NEEDED:28,219,147$ 29,127,024$ 29,997,286$ 870,262$ 2.99% NON PROPERTY TAX REVENUE Sales tax 3,428,000$ 3,620,000$ 4,060,000$ 440,000$ 12.15% Franchise fees 2,165,000 2,195,000 2,205,000 10,000 0.46% Building permits/licenses 1,517,000 1,509,000 1,609,000 100,000 6.63% Fines and Fees 2,293,530 2,322,160 2,264,700 (57,460) -2.47% Park and Pool revenue 351,100 351,100 336,000 (15,100) -4.30% Auction proceeds 21,000 15,000 10,000 (5,000) -33.33% Utility Fund contribution 600,000 660,000 666,000 6,000 0.91% Interest earnings 265,000 200,000 150,000 (50,000) -25.00% Miscellaneous and other 1,150,077 952,000 821,000 (131,000) -13.76% Total Non Property Tax Rev.11,790,707$ 11,824,260$ 12,121,700$ 297,440$ 2.52% PROPERTY TAX REVENUE Operations & Maintenance (O&M) need 16,184,440$ 17,128,764$ 17,760,586$ 631,822$ 3.69% Penalty/interest & attorney's fees 145,000 130,000 95,000 (35,000) -26.92% Delinquent (prior years) taxes 99,000 44,000 20,000 (24,000) -54.55% Total Prop Tax Revenue Request 16,428,440$ 17,302,764$ 17,875,586$ 572,822$ 3.31% DEBT SERVICE REQUIREMENT -$ -$ -$ -$ 0.00% PROPERTY TAX RATE Operations & Maintenance (O&M)0.27432$ 0.26979$ 0.25999$ (0.00980)$ -3.63% Debt Service - - - - 0.00% Total Property Tax Rate per $100 0.27432$ 0.26979$ 0.25999$ (0.00980)$ -3.63% IMPACT ON TYPICAL HOMEOWNER Average single-family market value 1,153,806$ 1,251,237$ 1,350,219$ 98,981$ 7.91% Less: 20% homestead exemption (230,761) (250,247) (270,044) (19,796) 7.91% Average single-family taxable value 923,045$ 1,000,990$ 1,080,175$ 79,185$ 7.91% Tax levy 2,532$ 2,701$ 2,808$ 108$ 3.99% Change in levy from prior year $98 $168 $108 City of University Park Revised Proposed Budget by Fund and Department AS OF SEPTEMBER 1, 2015 Fund/Org Unit/Department FY2014 Actual Results FY2015 Adopted Budget FY2016 Proposed Budget $ Change % Change GENERAL FUND Total Revenue 31,895,675$ 29,127,024$ 29,924,786$ 797,762$ 2.7% Expenditures 01-02 EXECUTIVE 1,053,830$ 982,878$ 1,001,586$ 18,708$ 1.9% 01-03 FINANCE 894,456 1,095,780 1,079,333 (16,447) -1.5% 01-04 HUMAN RESOURCES 351,017 366,783 371,272 4,489 1.2% 01-05 INFORMATION SERVICES 1,036,312 1,001,452 937,110 (64,342) -6.4% 01-06 LIBRARY 751,963 719,684 725,045 5,361 0.7% 01-10 COURT 348,968 375,499 406,132 30,633 8.2% 01-19 COMMUNITY DEVELOPMENT 1,131,866 1,200,734 1,323,701 122,967 10.2% 01-20 ENGINEERING 745,377 775,179 760,837 (14,342) -1.9% 01-25 TRAFFIC 902,229 944,167 994,489 50,322 5.3% 01-35 FACILITY MAINTENANCE 570,104 625,552 674,475 48,923 7.8% 01-40 FIRE 5,189,851 5,454,191 5,991,472 537,281 9.9% 01-50 POLICE 6,660,458 7,176,920 7,296,489 119,569 1.7% 01-70 PARKS 2,856,633 2,916,371 2,928,887 12,516 0.4% 01-75 SWIMMING POOL 301,384 364,262 396,878 32,616 9.0% 01-80 STREETS 1,848,867 2,004,855 1,818,361 (186,494) -9.3% 01-85 TRANSFERS 6,927,196 3,123,152 3,216,847 93,695 3.0% Total Expenditures 31,570,511$ 29,127,459$ 29,922,914$ 795,455$ 2.7% GENERAL FUND SURPLUS/(DEFICIT)325,164$ (435)$ 1,872$ 2,307$ WATER AND SEWER FUND Total Revenue 14,965,459$ 14,893,045$ 15,258,500$ 365,455$ 2.5% Expenditures 02-21 UTILITY OFFICE 8,298,199$ 8,620,778$ 8,654,156$ 33,378$ 0.4% 01-22 UTILITIES 3,743,041 3,723,342 4,058,824 335,482 9.0% 02-85 TRANSFERS 2,755,188 2,374,342 2,445,572 71,230 3.0% Total Expenditures 14,796,428$ 14,718,462$ 15,158,552$ 440,090$ 3.0% WATER AND SEWER FUND SURPLUS/(DEFICIT)169,031$ 174,583$ 99,948$ (74,635)$ SANITATION FUND Total Revenue 2,796,346$ 2,876,160$ 3,079,600$ 203,440$ 7.1% Expenditures 04-60 EXPENDITURES 2,823,695$ 2,964,150$ 3,139,514$ 175,364$ 5.9% Total Expenditures 2,823,695$ 2,964,150$ 3,139,514$ 175,364$ 5.9% SANITATION FUND SURPLUS/(DEFICIT)(27,349)$ (87,990)$ (59,914)$ 28,076$ STORM WATER FUND Total Revenue 437,925$ 438,400$ 438,400$ -$ 0.0% Expenditures 05-23 STORM WATER 109,031$ 453,073$ 438,000$ (15,073)$ -3.3% 05-85 TRANSFERS (450,000)$ -$ -$ -$ N/A Total Expenditures (340,969)$ 453,073$ 438,000$ (15,073)$ -3.3% STORM WATER FUND SURPLUS/(DEFICIT)778,893$ (14,673)$ 400$ 15,073$ TOTAL REVENUES 50,095,405$ 47,334,629$ 48,701,286$ 1,366,657$ 2.9% TOTAL EXPENDITURES 48,849,666$ 47,263,144$ 48,658,980$ 1,395,836$ 3.0% TOTAL SURPLUS/(DEFICIT)1,245,739$ 71,485$ 42,306$ (29,179)$ City of University Park Property Tax Impact AS OF SEPTEMBER 1, 2015 FY2014 Adopted Budget FY2015 Adopted Budget FY2016 Proposed Budget $ Change % Change TOTAL CERTIFIED TAXABLE VALUE 5,899,777,154$ 6,348,970,328$ 6,831,257,440$ 482,287,112$ 7.6% TOTAL GENERAL FUND REVENUES NEEDED:28,219,147$ 29,127,024$ 29,924,786$ 797,762$ 2.7% NON PROPERTY TAX REVENUE Sales tax 3,428,000$ 3,620,000$ 4,060,000$ 440,000$ 12.2% Franchise fees 2,165,000 2,195,000 2,205,000 10,000 0.5% Building permits/licenses 1,517,000 1,509,000 1,609,000 100,000 6.6% Fines and Fees 2,293,530 2,322,160 2,264,700 (57,460) -2.5% Park and Pool revenue 351,100 351,100 336,000 (15,100) -4.3% Auction proceeds 21,000 15,000 10,000 (5,000) -33.3% Utility Fund contribution 600,000 660,000 666,000 6,000 0.9% Interest earnings 265,000 200,000 150,000 (50,000) -25.0% Miscellaneous and other 1,150,077 952,000 821,000 (131,000) -13.8% Total Non Property Tax Rev.11,790,707$ 11,824,260$ 12,121,700$ 297,440$ 2.5% PROPERTY TAX REVENUE Operations & Maintenance (O&M) need 16,184,440$ 17,128,764$ 17,688,086$ 559,322$ 3.3% Penalty/interest & attorney's fees 145,000 130,000 95,000 (35,000) -26.9% Delinquent (prior years) taxes 99,000 44,000 20,000 (24,000) -54.5% Total Prop Tax Revenue Request 16,428,440$ 17,302,764$ 17,803,086$ 500,322$ 2.9% DEBT SERVICE REQUIREMENT -$ -$ -$ -$ 0.0% PROPERTY TAX RATE Operations & Maintenance (O&M)0.27432$ 0.26979$ 0.25893$ (0.01086)$ -4.0% Debt Service - - - - 0.0% Total Property Tax Rate per $100 0.27432$ 0.26979$ 0.25893$ (0.01086)$ -4.0% IMPACT ON TYPICAL HOMEOWNER Average single-family market value 1,153,806$ 1,251,237$ 1,350,219$ 98,981$ 7.9% Less: 20% homestead exemption (230,761) (250,247) (270,044) (19,796) 7.9% Average single-family taxable value 923,045$ 1,000,990$ 1,080,175$ 79,185$ 7.9% Tax levy 2,532$ 2,701$ 2,797$ 96$ 3.6% Change in levy from prior year $98 $168 $96 CITY OF UNIVERSITY PARK POST-DRAFT BUDGET REVISIONS - WALK FORWARD FOR THE BUDGET YEAR 2016 GENERAL UTILITY SANITATION STORM WATER TOTAL BUDGETED FUND FUND FUND FUND FUNDS PROPOSED BUDGET SURPLUS/(DEFICIT)1,360$ 159,871$ (84,723)$ 400$ 76,908$ REVISIONS/CORRECTIONS: (102,988) (28,923) (25,191) (157,102) (5,000) (5,000) 150,000 150,000 50,000 50,000 ADD'L MONTH - HEALTH INSURANCE ADDT'L INSURANCE COSTS - LIBRARY WATER SALES REVENUE RE-CALCULATION SANITATION REVENUE RE-RECALCULATION (SMU) INTER-FUND TRANSFER - UTILITY TO GEN FUND - 3 EMP 181,000 (181,000) - ADDITIONAL PROPERTY TAX RELIEF (72,500) (72,500) REVISED PROPOSED BUDGET SURPLUS/(DEFICIT)1,872$ 99,948$ (59,914)$ 400$ 42,306$ 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@78058C84\@BCL@78058C84.docx 3:42 PM 08/28/15 AGENDA MEMO 9/1/2015Agenda TO:Honorable Mayor and City Council FROM:Thomas W. Tvardzik, Director of Finance SUBJECT:SECOND PUBLIC HEARING:on proposed FY2016 tax rate BACKGROUND: The Texas Tax Code (Section 26, Truth-in-Taxation) requires the calculation and publication of the effective tax rate (ETR), a number intended to “enable the public to evaluate the relationship between taxes for the preceding year and for the current year, based on a tax rate that would produce the same amount of taxes if applied to the same properties taxed in both years” (2012 Truth-in-Taxation Guide, Texas State Comptroller). These rates are calculated by the city’s tax collector, the Dallas County Tax Office. Texas statutes further require that cities provide notice and hold at least two public hearings before adopting an annual property tax rate that exceeds either the ETRor the “rollback rate”(ETRplus 8%). The applicabletax rates for the 2015 tax year (FY2016) are as follows: 2015 ETR = 25.3335 cents per $100 of taxable value 2015 RTR = 27.3601cents per $100 of taxable value 2014 University Park property tax rate= 26.979cents per $100 of taxable value. At its meeting of August 4, 2015, the City Council adopted a 2015 maximum proposed tax rate of .26979 per $100 of taxable value. As this rate exceeds the ETR, public hearings must be held. Accordingly, notice of the hearings was placed in the August 6, 2015 edition of The Park Cities News, the newspaper of record. As noted in the published item, the maximum proposed rate should be considered a “not-to-exceed” rate. City Council may adopt a final tax rate at or below (but not higher than) the rate in the notice. The draft budget proposed a decrease from 26.979 to 25.999 cents per $100 of taxable value, or slightly less than a full penny. The revised budget proposes a further decrease to 25.893 cents per hundred of taxable value (or 1.086 cents overall). RECOMMENDATION: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@78058C84\@BCL@78058C84.docx 3:42 PM 08/28/15 Hold the second public hearing on the proposed tax rate and invite public comments. No further action is needed at this time. The final tax rate will be adopted at the City Council meeting of September 15, 2015. ATTACHMENTS: 2015 Effective Tax Rate Worksheet 2015 Rollback Tax Rate Worksheet Notice of Proposed Tax Rate and Hearings 2015 Effective Tax Rate Worksheet City of University Park Date: 07/28/2015 09:07 AM 1. 2014 total taxable value. Enter the amount of 2014 taxable value on the 2014 tax roll today. Include any adjustments since last year's certification; exclude Tax Code Section 25.25(d) one-third over-appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (will deduct taxes in Line 14). $6,308,408,520 2. 2014 tax ceilings. Counties, cities and junior college districts. Enter 2014 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2014 or a prior year for homeowners age 65 or older or disabled, use this step. $0 3. Preliminary 2014 adjusted taxable value. Subtract Line 2 from Line 1.$6,308,408,520 4. 2014 total adopted tax rate.$0.269790/$100 5. 2014 taxable value lost because court appeals of ARB decisions reduced 2014 appraised value. A. Original 2014 ARB Values. B. 2014 values resulting from final court decisions. C. 2014 value loss. Subtract B from A. $36,401,980 $29,702,100 $6,699,880 6. 2014 taxable value, adjusted for court-ordered reductions. Add Line 3 and Line 5C.$6,315,108,400 7. 2014 taxable value of property in territory the taxing unit deannexed after Jan. 1, 2014. Enter the 2014 value of property in deannexed territory.$0 8. 2014 taxable value lost because property first qualified for an exemption in 2015. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost to freeport or goods-in-transit exemptions. A. Absolute exemptions. Use 2014 market value: B. Partial exemptions. 2015 exemption amount or 2015 percentage exemption times 2014 value: C. Value loss. Add A and B. $1,061,282 $50,367,275 $51,428,557 9. 2014 taxable value lost because property first qualified for agricultural appraisal (1- d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2015. Use only properties that qualified in 2015 for the first time; do not use properties that qualified in 2014. A. 2014 market value: B. 2015 productivity or special appraised value: C. Value loss. Subtract B from A. $0 $0 $0 10. Total adjustments for lost value. Add lines 7, 8C and 9C.$51,428,557 11. 2014 adjusted taxable value. Subtract Line 10 from Line 6.$6,263,679,843 12. Adjusted 2014 taxes. Multiply Line 4 by line 11 and divide by $100.$16,898,781 13. Taxes refunded for years preceding tax year 2014. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year 2014. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2014. This line applies only to tax years preceding tax year 2014. $36,617 14. Taxes in tax increment financing (TIF) for tax year 2014. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2015 captured appraised value in Line 16D, enter 0. $0 15. Adjusted 2014 taxes with refunds and TIF adjustment. Add Lines 12 and 13, subtract Line 14. $16,935,398 16. Total 2015 taxable value on the 2015 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 18). These homesteads include homeowners age 65 or older or disabled. A. Certified values: B. Counties: Include railroad rolling stock values certified by the Comptroller's office: C. Pollution control exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control property: D. Tax increment financing: Deduct the 2015 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the 2015 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 21 below. E. Total 2015 value. Add A and B, then subtract C and D. $6,831,257,440 $0 $0 $0 $6,831,257,440 17. Total value of properties under protest or not included on certified appraisal roll. A. 2015 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the appraisal district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value. B. 2015 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about, but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. C. Total value under protest or not certified: Add A and B. $654,955 $0 $654,955 18. 2015 tax ceilings. Counties, cities and junior colleges enter 2015 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2014 or a prior year for homeowners age 65 or older or disabled, use this step. $0 19. 2015 total taxable value. Add Lines 16E and 17C. Subtract Line 18.$6,831,912,395 20. Total 2015 taxable value of properties in territory annexed after Jan. 1, 2014. Include both real and personal property. Enter the 2015 value of property in territory annexed. $0 21. Total 2015 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in 2014. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, 2014, and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2015. $146,934,742 22. Total adjustments to the 2015 taxable value. Add Lines 20 and 21.$146,934,742 23. 2015 adjusted taxable value. Subtract Line 22 from Line 19.$6,684,977,653 24. 2015 effective tax rate. Divide Line 15 by Line 23 and multiply by $100.$0.253335/$100 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2015 county effective tax rate. A county, city or hospital district that adopted the additional sales tax in November 2014 or in May 2015 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. 2015 Rollback Tax Rate Worksheet City of University Park Date: 07/28/2015 26. 2014 maintenance and operations (M&O) tax rate.$0.269790/$100 27. 2014 adjusted taxable value. Enter the amount from Line 11.$6,263,679,843 28. 2014 M&O taxes. A. Multiply Line 26 by Line 27 and divide by $100. B. Cities, counties and hospital districts with additional sales tax: Amount of additional sales tax collected and spent on M&O expenses in 2014. Enter amount from full year's sales tax revenue spent for M&O in 2014 fiscal year, if any. Other taxing units enter 0. Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent. C. Counties: Enter the amount for the state criminal justice mandate. If second or later year, the amount is for increased cost above last year's amount. Other taxing units enter 0. D. Transferring function: If discontinuing all of a department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in H below. The taxing unit receiving the function will add this amount in H below. Other taxing units enter 0. E. Taxes refunded for years preceding tax year 2014: Enter the amount of M&O taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2014. This line applies only to tax years preceding tax year 2014. F. Enhanced indigent health care expenditures: Enter the increased amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance. G. Taxes in TIF: Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2015 captured appraised value in Line 16D, enter 0. H. Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, subtract if discontinuing function and add if receiving function. Subtract G. $16,898,781 $0 $0 $0 $36,617 $0 $0 $16,935,398 29. 2015 adjusted taxable value. Enter Line 23 from the Effective Tax Rate Worksheet.$6,684,977,653 30. 2015 effective maintenance and operations rate. Divide Line 28H by Line 29 and multiply by $100.$0.253335/$100 31. 2015 rollback maintenance and operation rate. Multiply Line 30 by 1.08.$0.273601/$100 32. Total 2015 debt to be paid with property taxes and additional sales tax revenue. "Debt" means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the taxing unit's budget as M&O expenses A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. List the debt in Schedule B: Debt Service. B. Subtract unencumbered fund amount used to reduce total debt. C. Subtract amount paid from other resources. D. Adjusted debt. Subtract B and C from A. $0 $0 $0 $0 33. Certified 2014 excess debt collections. Enter the amount certified by the collector.$0 34. Adjusted 2015 debt. Subtract Line 33 from Line 32D.$0 35. Certified 2015 anticipated collection rate. Enter the rate certified by the collector. If the rate is 100 percent or greater, enter 100 percent.100.00% 36. 2015 debt adjusted for collections. Divide Line 34 by Line 35 $0 37. 2015 total taxable value. Enter the amount on Line 19.$6,831,912,395 38. 2015 debt tax rate. Divide Line 36 by Line 37 and multiply by $100.$0/$100 39. 2015 rollback tax rate. Add Lines 31 and 38.$0.273601/$100 40. COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2015 county rollback tax rate. A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate. A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. 50-819 (05-14/2) NOTICE OF TAX YEAR PROPOSED PROPERTY TAX RATE FOR A tax rate of $ _______________ per $100 valuation has been proposed for adoption by the governing body of __________________________________________. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. PROPOSED TAX RATE $ _______________ per $100 PRECEDING YEAR’S TAX RATE $ _______________ per $100 EFFECTIVE TAX RATE $ _______________ per $100 ROLLBACK TAX RATE $ _______________ per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for __________________________________________ from the same properties in both the _____________ tax year and the _____________ tax year. The rollback tax rate is the highest tax rate that _______________________________________ may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount = ( rate ) x ( taxable value of your property ) / 100 For assistance or detailed information about tax calculations, please contact: ________________________________________________ ________________________________________________ tax assessor-collector _____________________________________________________________________________________________ ________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: _________________________________ at ____________________________________________. Second Hearing: _______________________________ at ____________________________________________. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@AC05235F\@BCL@AC05235F.docx 10:18 AM 08/17/15 AGENDA MEMO 9/1/2015Agenda TO:Honorable Mayor and City Council FROM:Greg Spradlin, Chief of Police SUBJECT:Approval on a park reservation request and approval of route through University Park for the Susan G. Komen 3-Day Walk BACKGROUND: Staff has been contacted by representatives of the Susan G. Komen Foundation regarding itsannual 3-day walk to raise funds for breast cancer research. Foundation representatives advise the planned route includes the participants walking through University Park, passing through Curtis Park and setting up a rest area at Goar Park. The event is scheduled for Sunday, November 8, 2015from 6:00 a.m. to approximately 12 noonand is anticipated to have approximately1,500 participants. If this request is approved by the City Council, staff would recommend the following criteria be followed by the Susan G. Komen Foundation: Develop and distribute form letter to be distributed to residents within 600 ft. of the park Provide adequate restroom facilities based on number of participants Pay Goar Park Refundable Deposit of $250.00 Pay Land Use -Goar Park $500.00 Provide Police security at the Foundation’s expense RECOMMENDATION: Staff recommends approval of this request. This event has taken place in the city for the past several years and has been very successful and was completed without any problems. Susan G. Komen 3-Day® 55 E. Jackson Blvd., Suite 1010 Chicago, IL 60604 p: 800-996-3DAY f: 888-453-1731 The3Day.org June 29, 2015 Chief Greg Spradlin University Park Police Department 3800 University Blvd University Park, TX 75205 Dear Chief Spradlin: This letter is to serve as notification that the Susan G. Komen 3-Day® will be passing through your jurisdiction. The Susan G. Komen 3-Day® is an incredibly special event. Thousands of women and men will unite for three days, November 6th – 8th, and walk 60 miles in a bold display of courage and commitment. It’s a weekend of hope, as we honor lives lost, celebrate survivors, and help bring us closer to a world without breast cancer. Seventy-five percent of the net proceeds raised by the 3-Day helps fund national research and large public health outreach programs. The remaining 25 percent helps fund local community and Komen Affiliate support and outreach programs. In its 30 years, Komen has funded more breast cancer research than any other non-profit, non- government organization while funding screenings, treatment assistance and social and financial support to women and families facing the disease. But, there is still much more work to be done. Breast cancer continues to be the leading cancer in women, with 1.6 million women expected to be diagnosed globally this year alone. The 3-Day helps drive leading-edge treatments that are saving lives, and a community that supports women and men facing the disease. On Sunday, November 8th approximately 1500 women and men will pass through your jurisdiction between 7:30 AM – 10:45 AM. I have enclosed a portion of our route map to detail the areas where participants will be walking. You will find that the majority of the event takes place on sidewalks, shoulders and in bike lanes. Safety is the number one priority of the 3-Day. All of our walkers, volunteer crew members and paid staff receive safety education before the event begins. Participants are required to follow all safety rules and regulations of the event. Enclosed is our Event Notification Form for your signature. We carry this with us at all times during the 3- Day. In the unlikely event of an emergency during our time within your jurisdiction, we will contact you, or your representative (or designee), immediately. Thank you for your support, Kiki Setterlund Event Production Manager Phone: 773-247-5360 ext. 907 Fax: (888) 453-1731 Email: ksetterlund@event360.com Susan G. Komen 3-Day® 55 E. Jackson Blvd., Suite 1010 Chicago, IL 60604 p: 800-996-3DAY f: 888-453-1731 The3Day.org NOTIFICATION / APPROVAL OF EVENT Our jurisdiction has been notified, in writing, that the Susan G. Komen 3-Day® will be taking place November 6th – 8th. We are aware that approximately 1500 walkers will be participating in the event and will be passing through our area on November 8th from approximately 7:30AM – 10:45AM. Name & Title: Chief Greg Spradlin Department: University Park Police Department Address: 3800 University Blvd., Dallas, TX 75205 Phone: (214) 987-5355 Fax: (214) 987-5350 Email: gspradlin@uptexas.org Signature: CONTACT NAME & NUMBER (ON-DUTY INDIVIDUAL TO BE CONTACTED DURING THE ACTUAL EVENT) Name: Mobile: Office: (24 Hour Contact Number) Home: (24 Hour Contact Number) PLEASE SIGN AND RETURN VIA MAIL OR FAX TO: Kiki Setterlund 2046 Safari Heights Trail Eagan, MN 55122 Phone: 773-247-5360 ext. 907 Fax: 888-453-1731 Susan G. Komen 3-Day® 55 E. Jackson Blvd., Suite 1010 Chicago, IL 60604 800-996-3DAY The3Day.org CITY OF UNIVERSITY PARK EVENT TIMELINE SATURDAY, NOVEMBER 7, 2015 Morning/Afternoon Route is marked with 16” diameter coroplast black arrow signs SUNDAY, NOVEMBER 8, 2015 7:30 AM Walkers begin to depart Ursuline Academy (Dallas, TX) 8:15 AM Walkers begin to enter University Park at W Northwest Hwy & Thackery St. 8:30 AM Walkers begin to arrive at Curtis Park 8:40 AM Walkers begin to arrive at Goar Park 10:15 AM Clean up begins at Goar Park 10:45 AM Walkers out of University Park city limits Route signage crew begins removing arrows 2:00 PM All supplies and portable toilets are picked up Note: Times are subject to change 3 4 5 N S E W GR A B & G O A GO A R P A R K Key Route Safety Police SupportMile Marker Sweep Access Point#Route Line Site Type ConesSusan G. Komen 3-Day DALLAS/FORT WORTH Day 3 -Route University Park Mile Marker: 3.0 –5.5 8:15 AM –10:50 AM Map 1 of 1Sunday, November 8, 2015 CH E E R S T A T I O N CU R T I S P A R K Un i v e r s i t y P a r k Lo c a t i o n O f f i c e r s R e a s o n Mi l e M a r k e r S t a r t T i m e E n d T i m e No S u p p o r t R e q u e s t e d Un i v e r s i t y P a r k Lo c a t i o n O f f i c e r s R e a s o n M i l e M a r k e r S t a r t T i m e E n d T i m e No S u p p o r t R e q u e s t e d Un i v e r s i t y P a r k Lo c a t i o n O f f i c e r s R e a s o n M i l e M a r k e r S t a r t T i m e E n d T i m e Lo v e r s L a n e & T h a c k e r y S t r e e t 1 A s s i s t w i t h c r o s s i n g 4 . 0 8 : 3 0 A M 1 0 : 0 0 A M Pr e s t o n R o a d & U n i v e r s i t y B l v d . 1 A s s i s t w i t h c r o s s i n g 5 . 0 8 : 4 5 A M 1 0 : 4 5 A M Pr e s t o n R o a d & M c F a r l i n B l v d . 1 A s s i s t w i t h c r o s s i n g 5 . 1 8 : 4 5 A M 1 0 : 4 5 A M Pr e s t o n R o a d & S t A n d r e w s D r 1 A s s i s t w i t h c r o s s i n g 5 . 4 8 : 5 0 A M 1 0 : 5 0 A M 20 1 5 D a l l a s / F o r t W o r t h 3 - D a y P o l i c e S u p p o r t S c h e d u l e Da y O n e Fr i d a y No v . 6 , 20 1 5 Da y T w o Sa t u r d a y , No v . 7 , 20 1 5 Co n t a c t : B i l l M a t h e s ( 2 1 4 ) 9 8 7 - 5 3 5 2 o f f i c e / ( 4 6 7 ) 4 8 7 - 6 1 8 3 c e l l Da y T h r e e Su n d a y , No v . 8 , 20 1 5 CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE$ MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GENERAL AGGREGATE$ PRODUCTS - COMP/OP AGG$ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE$UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and logo are registered marks of ACORD See below 6/27/2014 7912351 313417 (This certificate replaces certificate# 7907130 issued on 6/27/2014) To Whom It may Concern ------ ------ 5005 LBJ Freeway Dallas TX 75244-6125 The Susan G Komen Breast Cancer Foundation, Inc-Event 360 Suite 250 Great Divide Insurance Company Nautilus Insurance Company Continental Casualty Company North River Insurance Company Fireman's Fund Insurance Company AGCS Marine Insurance Company 25224 17370 20443 21105 21873 22837 5755 Mark Dabling Blvd., Suite 300 Colorado Springs, CO 80919-2228 Commercial Lines - (719) 592-1177 Wells Fargo Insurance Services USA, Inc. Debbie Butcher 719-785-8117 877-495-9032 debbie.l.butcher@wellsfargo.com 1,000,000 2,000,000 X 1,000,0007/1/2014 7/1/2015 1,000,000 A 5,000(LBJ Off) X CPA 1004002-17(AOS) 2,000,000 Medical Exp Excluded X CPA 1004003-17(AZ)7/1/2014 7/1/2015B X Other than LBJ Office A X X X CAA 1024620-17 7/1/2014 7/1/2015 1,000,000 $10,000,000 7/1/2014 7/1/2015A $10,000,000X 25,000,000 CUA2012024-10 L6011426530 7/1/2014 7/1/2015 522748254-6 7/1/2014 7/1/2015 C D X X XXXXXXXXXXXXXXX XXXXXXXXXXXXXXX NOT APPLICABLE XXXXXXXXXXXXXXX F Inland Marine 7/1/20147/1/2014 7/1/2015MXI93050937 Limit On File With Company CG20260413,CG 20 12 07 98,CG 20 15 07 04 To Whom It may Concern ------ ------ CPA 1004002-17(AOS) CPA 1004002-17(AOS) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E0057096\@BCL@E0057096.docx 4:18 PM 08/26/15 AGENDA MEMO 9/1/2015Agenda TO:Honorable Mayor and City Council FROM:Jacob Speer, Director of Public Works SUBJECT:Request to abandon street right-of-way to owner of 4500 Mockingbird Ln BACKGROUND: The owner of 4500 Mockingbird Lane would like the City to abandon a strip of the Lomo Alto street right-of-way measuring 6 inches wide by 195 feet long (97.5 square feet) adjacent to their property. The owner has recently constructed a new swimming pool and accessory structure in the rear of the property. The plumbing for the new pool interferes with the construction of a new masonry wall on the property to enclose the pool area. The proposed abandonment would allow the owner to construct the desired wall without relocating the existing pool plumbing or otherwise modifying the existing site. The property owners have already obtained an appraisal from an appraiser of their choice to determine the market value of the subject property. That appraisal resulted in a value of approximately $68.07 per square foot of land. This value is notably lower than appraised values we have seen in the community recently. The average adjusted value of the 4 comparable properties used in the appraisal was $77.40 per square foot. The City’s typical policy for abandonment requests specifies that the City will select an appraiser at the expense of the requesting property owner. In this case, the property owner would like to utilize the property values outlined in their appraisal report. Staff has not identified a current or future City use for the subject strip of right-of-way. RECOMMENDATION: Staff is seeking Council’s direction on the abandonment of this section of right-of-way. If Council is amenable to the abandonment, direction will also be needed regarding a determination of the fair market value of the subject land. Upon Council’s direction, staff will prepare an abandonment ordinance for consideration at a future meeting. Main File No. M50714 Page # 1Hagen Appraisal Services, Inc Bryan Hagen Hagen Appraisal Services, Inc. 25 Highland Park Village Ste. 100-593 Dallas, TX 75205 (214) 529-6254 Ann Rogers 4500 Mockingbird Lane Dallas, TX 75205 anntylerdesigns@yahoo.com M50714 08/06/2015 M50714 M50714 74-3166359 N/A Ann Rogers N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Part Lot 1, Block A, Potomac Park Land Appraisal 350.00 350.00 967 08/05/2015 350.00 350.00 0.00 Form NIV5D - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE FROM: Telephone Number:Fax Number: TO: E-Mail: Telephone Number:Fax Number: Alternate Number: INVOICE INVOICE NUMBER DATES Invoice Date: Due Date: REFERENCE Internal Order #: Lender Case #: Client File #: FHA/VA Case #: Main File # on form: Other File # on form: Federal Tax ID: Employer ID: DESCRIPTION Lender:Client: Purchaser/Borrower: Property Address: City: County:State:Zip: Legal Description: FEES AMOUNT SUBTOTAL PAYMENTS AMOUNT Check #:Date:Description: Date:Check #:Description: Check #:Date:Description: SUBTOTAL TOTAL DUE $ Main File No. M50714 Page # 2 APPRAISAL OF REAL PROPERTY 4500 Mockingbird Ln Dallas, TX 75205 Part Lot 1, Block A, Potomac Park Ann Rogers 4500 Mockingbird Lane Dallas, TX 75205 730,000 08/05/2015 Bryan Hagen Hagen Appraisal Services, Inc. 25 Highland Park Village, Ste. 100-593 Dallas, TX 75205 (214) 529-6254 bryan@bhagenappraisal.com Form GA6V - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE LOCATED AT FOR OPINION OF VALUE AS OF BY Main File No. M50714 Page # 3 Form LND - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE M50714 N/A 0195.02 35J 4500 Mockingbird Ln Dallas Dallas TX 75205 Part Lot 1, Block A, Potomac Park N/A N/A N/A 14,020 N/A None Ann Rogers 4500 Mockingbird Lane, Dallas, TX 75205 Rogers Bryan Hagen Estimate Market Value 80 5 5 5 0 0 5 Other 500,000 40 Mil 1,200,000 New 10+65 See Attached Addendum: Neighborhood 55' x 195' (Per Tax Records) Single Family Dwelling 4 New Single Family Residence None None None None Asphalt Above Street Grade Larger Than Average For Area Rectangular Busy Street SURVEY REQUIRED See Attached Addendum: Site 4500 Mockingbird Ln Dallas, TX 75205 N/A $/Sq. Ft. Field Inspection N/A University Park 10,725 sf Zoning Residential Access Easement None View Busy Street/Thru St Structure None None 0 Points Seller 3416 Mockingbird Ln Dallas, TX 75205 1.46 miles E 682,000 83.17 MLS#13120684/GreatAmerican 05/08/2015 Highland Park -10,000 8,200 sf +63,125 Residential None Busy Street -2,500 Yes Cash 0 Points Seller 50,625 732,625 3828 Mockingbird Ln Dallas, TX 75205 0.94 miles E 725,000 80.55 MLS#12133465/Ebby Halliday 05/09/2014 +50,750 Highland Park -10,000 9,000 sf +43,125 Residential None Busy Street -2,500 Yes Owner 1st Carry 0 Points Seller 81,375 806,375 4504 Mockingbird Ln Dallas, TX 75205 0.01 miles W 515,000 44.02 MLS#1202241/Briggs Freeman 09/30/2013 +77,250 University Park 11,700 sf -24,375 Residential None Busy Street -2,500 Yes Conventional 0 Points Seller 50,375 565,375 See Comparable #4 And Market Data Comments On Attached Addendum This appraisal reflects lot value only, the existing improvements were given no weight in the analysis as this appraisal assumes a hypothetical assumption that the subject is a vacant lot and the existing improvements are not on the site. 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. 08/05/2015 730,000 Bryan Hagen Hagen Appraisal Services, Inc LAND APPRAISAL REPORT File No. IDENTIFICATION Borrower Census Tract Map Reference Property Address City County State Zip Code Legal Description Sale Price $Date of Sale Loan Term yrs.Property Rights Appraised Fee Leasehold De Minimis PUD Actual Real Estate Taxes $(yr)Loan charges to be paid by seller $Other sales concessions Lender/Client Address Occupant Appraiser Instructions to Appraiser NEIGHBORHOOD Location Urban Suburban Rural Built Up Over 75%25% to 75%Under 25% Growth Rate Fully Dev.Rapid Steady Slow Property Values Increasing Stable Declining Demand/Supply Shortage In Balance Oversupply Marketing Time Under 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 Use Not Likely Likely (*)Taking Place (*) (*) From To Predominant Occupancy Owner Tenant % Vacant Single Family Price Range $to $Predominant Value $ Single Family Age yrs. to yrs.Predominant Age yrs. Good Avg.Fair Poor 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): SITE Dimensions =Sq. Ft. or Acres Corner Lot Zoning classification Present Improvements do do not conform to zoning regulations Highest and best use Present use Other (specify) Public Elec. Gas Water San. Sewer Underground Elect. & Tel. Other (Describe)OFF SITE IMPROVEMENTS Street Access Public Private Surface Maintenance Public Private Storm Sewer Curb/Gutter Sidewalk Street Lights Topo Size Shape View Drainage Is the property located in a HUD Identified Special Flood Hazard Area?No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions): MARKET DATA ANALYSIS 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 PROPERTY COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address Proximity to Subject Sales Price $$$$ Price $$$$ Data Source Date of Sale and DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION+( )$ Adjust.+( )$ Adjust.+( )$ Adjust.––– Time Adjustment Location Site/View Sales or Financing Concessions Net Adj. (Total)+++$ $ Indicated Value of Subject –––$ $ $ $ RECONCILIATION Comments on Market Data: Comments and Conditions of Appraisal: Final Reconciliation: I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $ Appraiser(s)Review Appraiser (if applicable) Did Did Not Physically Inspect Property [Y2K] Main File No. M50714 Page # 4 Form LND.(AC) - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE M50714 4500 Mockingbird Ln Dallas, TX 75205 N/A $/Sq. Ft. Field Inspection N/A University Park 10,725 sf Zoning Residential Access Easement None View Busy Street/Thru St Structure None None 0 Points Seller 4320 Mockingbird Ln Dallas, TX 75205 0.30 miles E 627,500 76.06 MLS#13034797/Allie B. Allman 02/12/2015 Highland Park -10,000 8,250 sf +61,875 Residential None Busy Street/School Yes Conventional 0 Points Seller 51,875 679,375 See Market Data Comments On Attached Addendum 4 5 6 LAND APPRAISAL REPORT MARKET DATA ANALYSIS MARKET DATA ANALYSIS File No. ITEM SUBJECT PROPERTY COMPARABLE NO. COMPARABLE NO. COMPARABLE NO. Address Proximity to Subject Sales Price $$$$ Price $$$$ Data Source Date of sale and DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION+( )$ Adjust.+( )$ Adjust.+( )$ Adjust.––– Time Adjustment Location Site/View Sales or Financing Concessions Net Adj. (Total)+++––– Indicated Value of Subject $$$ $$$ COMMENTS Comments: Main File No. M50714 Page # 5 N/A M50714 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers 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). Up to 6 months. Comments on Appraisal and Report Identification Note any USPAP-related issues requiring disclosure and any state mandated requirements: Bryan Hagen 1335245 TX 08/31/2017 08/12/2015 08/05/2015 08/05/2015 Form ID14E - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Borrower Lender/Client File No. Property Address City County State Zip Code This Report is one of the following 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 Opinion of Reasonable Exposure Time for the subject property at the market 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:None Interior and Exterior Exterior-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:None Interior and Exterior Exterior-Only Date of Inspection (if applicable): Main File No. M50714 Page # 6 N/A M50714 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers 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, Tax Records, conversations with real estate agents and builders familiar with the subjects'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. The appraisal is intended for use by the lender/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. This report was not prepared for, nor should it be used as a device for purchaser inducement. This appraisal is intended for use by the lender/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 No listings of the subject were found in the last 12 months. NTREIS/Tax Records. No sales/transfers of the subject were found in the last 36 months. NTREIS/Tax Records. Exposure and marketing time are discussed in the USPAP Addendum. Land Value 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 a summary discussion of the data, reasoning, and analysis that was 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 analysis 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 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 08/12/2015 1335245 TX 08/31/2017 08/05/2015 Form FUA_LG2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Hagen Appraisal Services, Inc Borrower Lender/Client FIRREA / USPAP ADDENDUM File No. Property Address City County State Zip Code Purpose Scope of Work Intended Use / Intended User Intended Use: Intended User(s): History of Property Current listing information: Prior sale: Exposure Time / Marketing Time Personal (non-realty) Transfers Additional Comments 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: Signed Date: Certification or License #: Certification or License State:Expires: Effective Date of Appraisal: Supervisory Appraiser: Signed Date: Certification or License #: Certification or License State:Expires: Inspection of Subject:Did Not Exterior Only Interior and Exterior Main File No. M50714 Page # 7 M50714 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. (Source: FDIC Interagency Appraisal and Evaluation Guidelines, October 27, 1994.) * 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 judgment. STATEMENT OF LIMITING CONDITIONS AND 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 valued on the basis of it being under responsible ownership. 2. Any sketch provided in the appraisal report may show approximate dimensions of the improvements and is included only to assist the reader of the report in visualizing the property. The appraiser has made no survey of the property. 3. 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, or as otherwise required by law. 4. Any distribution of valuation between land and improvements in the report applies only under the existing program of utilization. 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. 5. The appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous waste, 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. This appraisal report must not be considered an environmental assessment of the subject property. 6. 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. 7. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. 8. 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. 9. 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. 10. The appraiser is not an employee of the company or individual(s) ordering this report and compensation is not contingent upon the reporting of a predetermined value or direction of value or upon an action or event resulting from the analysis, opinions, conclusions, or the use of this report. This assignment is not based on a required minimum, specific valuation, or the approval of a loan. Form ACR2_DEFD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No. Page 1 of 2 Main File No. M50714 Page # 8 M50714 CERTIFICATION: The appraiser certifies and agrees that: 1. The statements of fact contained in this report are true and correct. 2. 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. 3. 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. 4. 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. 5. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. 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. 8. 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. 9. Unless otherwise indicated, I have made a personal inspection of the interior and exterior areas of the property that is the subject of this report, and the exteriors of all properties listed as comparables. 10. 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). 4500 Mockingbird Ln, Dallas, TX 75205 Bryan Hagen Title: 1335245 TX 08/31/2017 08/12/2015 Designation: Form ACR2_DEFD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No. ADDRESS OF PROPERTY ANALYZED: APPRAISER: Signature: Name: State Certification #: or State License #: State:Expiration Date of Certification or License: Date Signed: SUPERVISORY or CO-APPRAISER (if applicable): Signature: Name: State Certification #: or State License #: State:Expiration Date of Certification or License: Date Signed: Did Did Not Inspect Property Page 2 of 2 PRESENT LAND USE The "Other" refers to greenbelts, parks, schools and religious facilities. 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, in numerous instances, 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 a similar type market area. Both incorporated cities participate in the Highland Park School District. HIGHEST AND BEST USE The maximum value of a site is realized when it is developed to its highest and best use. From the Dictionary of Real Estate Appraisal, highest and best use is defined as: "The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility and maximum productivity. Alternatively, the probable use of the land or improved property-specific with respect to the user and timing of the use-that is adequately supported and results in the highest present 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} {1}The Appraisal Institute, "Dictionary of Real Estate Appraisal" Fifth Edition, 2010. The current Highest and Best Use of the subject is to build a new home. Main File No. M50714 Page # 9 Supplemental Addendum Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE M50714 N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Borrower Lender/Client Property Address City County State Zip Code File No. IMPROVEMENTS There are existing improvements on the property which were afforded no value in the analysis. The analysis reflects lot value only. COST AND INCOME APPROACH DATA Both Cost Approach and Income Approach were not considered applicable since subject is being appraised as a vacant lot. SITE No apparent adverse easements or encroachments were observed. A survey is required to determine the actual presence, if any, and exact location of any easements. The site is of larger than average size for the area and is located at the corner of Mockingbird and Lomo Alto. Mockingbird Lane is a busy street, there is a stop light at the corner of Mockingbird and Lomo Alto. The location in the 4500 block just east of the Dallas North Tollway is considered to be a detriment as this block experiences a high volume of traffic, see the attached photos. This has been considered and reflected in the valuation. MARKET DATA COMMENTS All comparables are closed land sales from the subject's market area and were considered reliable indicators of current market trends. The subject and comparable #3 are located in University Park. Comparables #1, #2 and #4 are located in Highland Park, they were adjusted to allow for their more marketable location in Highland Park. Comparables #2 and #3 were adjusted for date of sale to allow for increasing values, the adjustments were based on one percent per month up to 01/2015 to allow for their older sale dates. The site/view adjustments were based on lot size, view amenity, number of trees, site utility, general layout and location. Comparables were adjusted $25.00 per square foot to allow for the subject's lot size, this adjustment reflects the subject's larger than average lot size, location in the 4500 block of Mockingbird Lane and the diminishing returns that larger lots located on busy streets experience in the University Park and Highland Park market. It is noted that sale #3 is slightly older than typically preferred but was included in the analysis due to the lack of other more recent comparable sales data. The use of this older sale does not adversely affect the integrity of the market analysis or the accuracy of the estimated value. All comparables were considered in arriving at the final estimate of value. While comparable #3 is older than typically preferred, it was included due to its location next door to the subject in the 4500 block of Mockingbird. All comparables sold for lot value. Main File No. M50714 Page # 10 Supplemental Addendum Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE M50714 N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Borrower Lender/Client Property Address City County State Zip Code File No. Main File No. M50714 Page # 11 Form PIC4X6.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Subject Front Sales Price G.L.A. Tot. Rooms Tot. Bedrms. Tot. Bathrms. Location View Site Quality Age 4500 Mockingbird Ln N/A 5,452 13 5 6.2 University Park 10,725 sf 20,473 sf Q2 34 Subject Rear Subject Street Borrower Lender/Client Property Address City County State Zip Code Main File No. M50714 Page # 12 Form PIC4X6.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Lomo Alto Sales Price G.L.A. Tot. Rooms Tot. Bedrms. Tot. Bathrms. Location View Site Quality Age 4500 Mockingbird Ln N/A 5,452 13 5 6.2 University Park 10,725 sf 20,473 sf Q2 34 Borrower Lender/Client Property Address City County State Zip Code Main File No. M50714 Page # 13 Form PIC4X6.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Comparable 1 Proximity Sale Price GLA Total Rooms Total Bedrms Total Bathrms Location View Site Quality Age 3416 Mockingbird Ln 1.46 miles E 682,000 5,722 15 7 7.0 Highland Park 8,200 sf 20,604 sf Q2 25 Comparable 2 Proximity Sale Price GLA Total Rooms Total Bedrms Total Bathrms Location View Site Quality Age 3828 Mockingbird Ln 0.94 miles E 725,000 5,112 13 5 6.1 Highland Park 9,000 sf 16,117 sf Q2 28 Comparable 3 Proximity Sale Price GLA Total Rooms Total Bedrms Total Bathrms Location View Site Quality Age 4504 Mockingbird Ln 0.01 miles W 515,000 6,193 14 7 7.1 University Park 11,700 sf 20777 sf Q2 30 Borrower Lender/Client Property Address City County State Zip Code Main File No. M50714 Page # 14 Form PIC4X6.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Comparable 4 Proximity Sale Price GLA Total Rooms Total Bedrms Total Bathrms Location View Site Quality Age 4320 Mockingbird Ln 0.30 miles E 627,500 Highland Park 8,250 sf Borrower Lender/Client Property Address City County State Zip Code Main File No. M50714 Page # 15 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location Map N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Borrower Lender/Client Property Address City County State Zip Code Main File No. M50714 Page # 16 Form MAP.FLOOD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Flood Map N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Borrower Lender/Client Property Address City County State Zip Code Main File No. M50714 Page # 17 Form MAP.PLAT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Plat Map N/A 4500 Mockingbird Ln Dallas Dallas TX 75205 Ann Rogers Borrower Lender/Client Property Address City County State Zip Code Main File No. M50714 Page # 18 License Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE