september 26, 2012 city council addendum ... - dallas · chapter 53, "dallas building...

SEPTEMBER 26, 2012 CITY COUNCIL ADDENDUMCERTIFICATION

This certification is given pursuant to Chapter XI, Section 9 of the City Charter for theCity Council Addendum dated September 26, 2012. We hereby certify, as to thosecontracts, agreements, or other obligations on this Agenda authorized by the CityCouncil for which expenditures of money by the City are required, that all of the moneyrequired for those contracts, agreements, and other obligations is in the City treasury tothe credit of the fund or funds from which the money is to be drawn, as required andpermitted by the City Charter, and that the money is not appropriated for any otherpurpose.

Edward ScottCity Controller

ADDENDUM

CITY COUNCIL MEETING SEPTEMBER 26, 2012

CITY OF DALLAS 1500 MARILLA

COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS 75201

9:00 A. M.

ADDITIONS: CONSENT ADDENDUM Business Development & Procurement Services 1. Authorize (1) an acquisition contract for the purchase and implementation of hardware

and software for an electronic construction plan review system for Building Inspection in the amount of $479,366; and (2) a five-year service contract for maintenance and support for an electronic construction plan review system in the amount of $140,048 - Hyland Software, Inc., most advantageous proposer of three - Total not to exceed $619,414 - Financing: Building Inspection Current Funds (subject to annual appropriations)

2. Authorize (1) an acquisition contract for the purchase and implementation of hardware

and software for an electronic construction document management system for Building Inspection in the amount of $527,343; and (2) a five-year service contract for maintenance and support for an electronic construction document management system in the amount of $145,884 - Hyland Software, Inc., most advantageous proposer of three - Total not to exceed $673,227 - Financing: Building Inspection Current Funds (subject to annual appropriations)

3. Authorize the purchase of three surveillance camera trailers for Police - Comprehensive

Communications Services, LLC through the Department of Information Resources - Not to exceed $110,700 - Financing: Stormwater Drainage Management Current Funds

City Attorney's Office 4. Authorize Supplemental Agreement No. 1 to the professional services contract with the

law firm of DLA Piper LLP for additional legal services relating to federal health care reform legislation - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds

Police 5. Authorize an amendment to the contract with ACS State and Local Solutions, Inc. to

provide: (1) a pay by phone or internet payment option at single space meters; and (2) an option to purchase multi-space “smart meter” technology and services - Financing: No cost consideration to the City

2

ADDENDUM CITY COUNCIL MEETING

SEPTEMBER 26, 2012

ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Public Works Department 6. Authorize a three-year service contract with Siemens Industry, Inc., best value proposer

of three, for fire and Closed Circuit Television Camera monitoring and annual fire alarm inspections for the Woodall Rodgers Deck Park Tunnel Project - Not to exceed $436,640 - Financing: Current Funds (subject to annual appropriations)

7. Authorize an ordinance (1) modifying Chapter 52, "Administrative Procedures for the

Construction Codes," Chapter 53, "Dallas Building Code," and Chapter 57, "Dallas One and Two Family Dwelling Code," of the Dallas City Code, to amend the effective date and requirements of Phase 2 of the Green Building Program; and (2) adding Chapter 61, “Dallas Green Construction Code” by adopting with certain changes the 2012 Edition of the International Green Construction Code of the International Code Council, Inc. for the regulation of construction work in the City of Dallas - Financing: No cost consideration to the City

Trinity Watershed Management 8. A Memorandum of Understanding between the City of Dallas and the Tarrant Regional

Water District to develop and implement a regional awareness campaign to address litter - Not to exceed $1,075,000 - Financing: Stormwater Drainage Management Current Funds ($400,000), Current Funds ($375,000) and Water Utilities Current Funds ($300,000) (subject to annual appropriations)

9. Authorize a construction contract with P & E Contractors, Inc., lowest responsible bidder

of five, for the reconstruction of alley paving, drainage, water, and wastewater main improvements for Alley Reconstruction Group 06-2027B (list attached) - Not to exceed $1,225,699 - Financing: 2006 Bond Funds ($810,676), Water Utilities Capital Improvement Funds ($409,423) and Water Utilities Capital Construction Funds ($5,600)

ITEMS FOR INDIVIDUAL CONSIDERATION City Secretary’s Office 10. An ordinance amending Ordinance No. 28740 to change certain election day polling

and early voting locations for the Tuesday, November 6, 2012, special election, for the purpose of authorizing general obligation bonds by the qualified voters of the City for funding street improvements, flood protection and storm drainage facilities, and economic development programs - Financing: No cost consideration to the City

3


SEPTEMBER 26, 2012

ADDITIONS: (Continued) ITEMS FOR INDIVIDUAL CONSIDERATION (Continued) City Secretary’s Office (Continued) 11. A resolution authorizing: (1) a joint election agreement and election services contract

between the City of Dallas, Dallas County, and various other jurisdictions within Dallas County, for the conduct of a joint election to be held on Tuesday, November 6, 2012, in an amount not to exceed $886,000; (2) legal advertising in connection with the Tuesday, November 6, 2012 City Special Election, in an amount not to exceed $150,000; and (3) $5,000 for translation services for publication and posting notices, security services for City Hall during early voting and other miscellaneous expenditures related to the election - Total not to exceed $1,041,000 - Financing: Current Funds

12. A resolution authorizing a joint election agreement and election services contract

between the City of Dallas, Collin County, and various other jurisdictions within Collin County, for the conduct of a joint election to be held on Tuesday, November 6, 2012 - Not to exceed $25,000 - Financing: Current Funds

13. A resolution authorizing a joint election agreement and election services contract

between the City of Dallas, Denton County, and various other jurisdictions within Denton County, for the conduct of a joint election to be held on Tuesday, November 6, 2012 - Not to exceed $14,000 - Financing: Current Funds

14. A resolution authorizing the appointment of citizens to serve as election judges for the

City of Dallas in Dallas County for the Tuesday, November 6, 2012 special election - Financing: No cost consideration to the City


City of Dallas in Collin County for the Tuesday, November 6, 2012 special election - Financing: No cost consideration to the City


City of Dallas in Denton County for the Tuesday, November 6, 2012 special election - Financing: No cost consideration to the City

17. A resolution authorizing the Mayor to appoint an Ad Hoc City Council canvassing

committee to review the returns of the Tuesday, November 6, 2012 special election, and submit a canvass report to the full City Council on Wednesday, November 14, 2012 - Financing: No cost consideration to the City

4


SEPTEMBER 26, 2012

DELETION: Sustainable Development and Construction 66. A public hearing to receive comments regarding an application for and an ordinance

granting a Planned Development District for multifamily uses on property zoned an MF-1(A) Multifamily District on the southwest corner of Skillman Street and Sandhurst Lane and both sides of Amesbury Drive

Recommendation of Staff and CPC: Approval, subject to a conceptual plan, street sections and conditions

Z112-225(JH)

5

Alley Group 06-2027B Addendum Item #9

Alley #1-PB06-U010 Alley # 7-PB06-U026 Alley # 8-PB06-U028 13906 Peyton Drive 13650 Sprucewood Drive 13656 Rolling Hills Lane 13912 Peyton Drive 13710 Sprucewood Drive 13706 Rolling Hills Lane 13916 Peyton Drive 13720 Sprucewood Drive 13710 Rolling Hills Lane 13934 Peyton Drive 13730 Sprucewood Drive 13716 Rolling Hills Lane 13908 Carillon Drive 13740 Sprucewood Drive 13720 Rolling Hills Lane 13922 Carillon Drive 13750 Sprucewood Drive 13726 Rolling Hills Lane 13932 Carillon Drive 13760 Sprucewood Drive 13730 Rolling Hills Lane 14010 Carillon Drive 13770 Sprucewood Drive 13736 Rolling Hills Lane 14020 Carillon Drive 13808 Sprucewood Drive 13740 Rolling Hills Lane 7618 Spring Valley Road 13818 Sprucewood Drive 13746 Rolling Hills Lane 7619 Spring Valley Road 13826 Sprucewood Drive 13750 Rolling Hills Lane 7629 Spring Valley Road 13834 Sprucewood Drive 13756 Rolling Hills Lane 7700 Spring Valley Road 13842 Sprucewood Drive 13760 Rolling Hills Lane 13852 Sprucewood Drive 13766 Rolling Hills Lane 7371 Paldao Drive 13772 Rolling Hills Lane 7409 Paldao Drive 13651 Spring Grove Avenue 7419 Paldao Drive 13707 Spring Grove Avenue 7429 Paldao Drive 13711 Spring Grove Avenue 7430 Paldao Drive 13717 Spring Grove Avenue 13859 Carillon Drive 13721 Spring Grove Avenue 13915 Carillon Drive 13727 Spring Grove Avenue 13923 Carillon Drive 13731 Spring Grove Avenue 13693 Peyton Drive 13739 Spring Grove Avenue 13709 Peyton Drive 13745 Spring Grove Avenue 13715 Peyton Drive 13749 Spring Grove Avenue 13725 Peyton Drive 13755 Spring Grove Avenue 13733 Peyton Drive 13763 Spring Grove Avenue 13739 Peyton Drive 13767 Spring Grove Avenue 13805 Peyton Drive 13775 Spring Grove Avenue 13811 Peyton Drive 13817 Peyton Drive 13825 Peyton Drive 13831 Peyton Drive 13839 Peyton Drive 13845 Peyton Drive 13853 Peyton Drive 13859 Peyton Drive

ADDENDUM DATEITEM IND

# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION

1 All C

PBD, CIS, DEV $619,413.50 24.00% 24.00%

Authorize an acquisition contract for the purchase and implementation of hardware and software for anelectronic construction plan review system for Building Inspection; and a five-year service contract formaintenance and support for an electronic construction plan review system

2 All C

PBD, CIS, DEV $673,226.87 24.00% 24.00%

Authorize an acquisition contract for the purchase and implementation of hardware and software for anelectronic construction document management system for Building Inspection; and a five-year servicecontract for maintenance and support for an electronic construction document management system

3 All C

PBD, POL, TWM $110,700.00 NA NA

Authorize the purchase of three surveillance camera trailers for Police – Comprehensive CommunicationsServices, LLC through the Department of Information Resources

4 N/A C ATT, FIR $75,000.00 100.00% 0.00%Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of DLAPiper LLP for additional legal services relating to federal health care reform legislation

5 All C POL NC NA NA

Authorize an amendment to the contract with ACS State and Local Solutions, Inc. to provide: a pay byphone or internet payment option at single space meters; and an option to purchase multi-space “smartmeter” technology and services

6 14 CPBW, STS $436,640.00 100.00% 0.00%

Authorize a three-year service contract with Siemens Industry, Inc., best value proposer of three, for fire andClosed Circuit Television Camera monitoring and annual fire alarm inspections for the Woodall RodgersDeck Park Tunnel Project

7 All C PBW NC NA NA

Authorize an ordinance modifying Chapter 52, "Administrative Procedures for the Construction Codes,"Chapter 53, "Dallas Building Code," and Chapter 57, "Dallas One and Two Family Dwelling Code," of theDallas City Code, to amend the effective date and requirements of Phase 2 of the Green Building Program;and adding Chapter 61, “Dallas Green Construction Code” by adopting with certain changes the 2012Edition of the International Green Construction Code of the International Code Council, Inc. for theregulation of construction work in the City of Dallas

8 All C

TWM, OPI, SAN, WTR $1,075,000.00 NA NA

A Memorandum of Understanding between the City of Dallas and the Tarrant Regional Water District todevelop and implement a regional awareness campaign to address litter

9 11 C

TWM, WTR, PBW $1,225,698.51 86.00% 72.52%

Authorize a construction contract with P & E Contractors, Inc., lowest responsible bidder of five, for thereconstruction of alley paving, drainage, water, and wastewater main improvements for AlleyReconstruction Group 06-2027B

10 All I SEC NC NA NA

An ordinance amending Ordinance No. 28740 to change certain election day polling and early votinglocations for the Tuesday, November 6, 2012, special election, for the purpose of authorizing generalobligation bonds by the qualified voters of the City for funding street improvements, flood protection andstorm drainage facilities, and economic development programs

11 All I SEC $1,041,000.00 NA NA

A resolution authorizing: a joint election agreement and election services contract between the City ofDallas, Dallas County, and various other jurisdictions within Dallas County, for the conduct of a joint electionto be held on Tuesday, November 6, 2012; legal advertising in connection with the Tuesday, November 6,2012 City Special Election; and translation services for publication and posting notices, security services forCity Hall during early voting and other miscellaneous expenditures related to the election

12 All I SEC $25,000.00 NA NA

A resolution authorizing a joint election agreement and election services contract between the City ofDallas, Collin County, and various other jurisdictions within Collin County, for the conduct of a joint electionto be held on Tuesday, November 6, 2012

13 All I SEC $14,000.00 NA NA

A resolution authorizing a joint election agreement and election services contract between the City ofDallas, Denton County, and various other jurisdictions within Denton County, for the conduct of a jointelection to be held on Tuesday, November 6, 2012

September 26, 2012

Page 1

ADDENDUM DATEITEM IND

# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION

September 26, 2012

14 All I SEC NC NA NAA resolution authorizing the appointment of citizens to serve as election judges for the City of Dallas inDallas County for the Tuesday, November 6, 2012 special election

15 All I SEC NC NA NAA resolution authorizing the appointment of citizens to serve as election judges for the City of Dallas inCollin County for the Tuesday, November 6, 2012 special election

16 All I SEC NC NA NAA resolution authorizing the appointment of citizens to serve as election judges for the City of Dallas inDenton County for the Tuesday, November 6, 2012 special election

17 All I SEC NC NA NA

A resolution authorizing the Mayor to appoint an Ad Hoc City Council canvassing committee to review thereturns of the Tuesday, November 6, 2012 special election, and submit a canvass report to the full CityCouncil on Wednesday, November 14, 2012

TOTAL $5,295,678.88

Page 2

ADDENDUM ITEM # 1KEY FOCUS AREA: Make Government More Efficient, Effective and Economical

AGENDA DATE: September 26, 2012

COUNCIL DISTRICT(S): All

DEPARTMENT: Business Development & Procurement ServicesCommunication and Information ServicesSustainable Development and Construction

CMO: Jeanne Chipperfield, 670-7804Jill A. Jordan, P.E., 670-5299Ryan S. Evans, 670-3314

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize (1) an acquisition contract for the purchase and implementation of hardware and software for an electronic construction plan review system for Building Inspection in the amount of $479,366; and (2) a five-year service contract for maintenance and support for an electronic construction plan review system in the amount of $140,048 - Hyland Software, Inc., most advantageous proposer of three - Total not to exceed $619,414 - Financing: Building Inspection Current Funds (subject to annual appropriations)

BACKGROUND

This acquisition contract will provide for the purchase and implementation of the new electronic construction plan review system. The purchase of an electronic construction plan review system will automate a construction plan review process which is currently being conducted manually through the use of paper and scanning equipment. Construction plan review is a vital business process that ensures all required aspects of the City’s building requirements are met. An automated system will add efficiency that will enable staff to receive building plans, conduct reviews, revise, track, inspect and archive all documents electronically. The electronic plan review process will also provide additional efficiencies by enabling simultaneous review of specific plans by multiple trades, eliminating the current “one-at-a-time” review. Maintenance includes patches, updates and technical support for five years.

Agenda Date 09/26/2012 - page 2

BACKGROUND (Continued)

A seven member committee from the following departments reviewed and evaluated the proposals:

Public Works Department (1) Sustainable Development and Construction (2)Communication and Information Services (2)Business Development & Procurement Services (2)*

*Business Development and Procurement Services only evaluated the Business Inclusion and Development Plan and cost.

The successful proposer was selected by the committee on the basis of demonstrated competence and qualifications under the following criteria:

Cost 30%Functional Match to City Requirement 30%Proposer Capabilities, Resources and Expertise 20%Business Inclusion and Development Plan 15%Training 5%

As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 1123 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach.

PRIOR ACTION/REVIEW (COUNCIL BOARDS, COMMISSIONS)

This item has no prior action.

FISCAL INFORMATION

$619,413.50 – Building Inspection Current Funds (subject to annual appropriations)

M/WBE INFORMATION

206 - Vendors contacted206 - No response 0 - Response (Bid) 0 - Response (No bid) 0 - Successful


M/WBE INFORMATION (Continued)

1123 - M/WBE and Non-M/WBE vendors were contacted

The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826 as amended.

ETHNIC COMPOSITION

Hyland Software, Inc.

White Male 46 White Female 10Black Male 1 Black Female 0Hispanic Male 0 Hispanic Female 0Other Male 0 Other Female 0

PROPOSAL INFORMATION

The following proposals were received from solicitation number BUZ1220 and were opened on May 31. 2012. This proposal is being awarded in its entirety to the most advantageous proposer.

*Denotes successful proposer

Proposers Address Score Amount

*Hyland Software, 28500 Clemens Road 88.60 $619,413.50Inc. Westlake, OH 44145

Avolve Software 4835 East Cactus Road 81.43 $877,554.40Corporation Suite 420

Scottsdale, AZ 85254

EnerGov Solutions 2160 Satellite Boulevard 46.31 $1,807,584.00Corporation Suite 300

Duluth, GA 30097

OWNER


Kris Painter, PresidentKathy Painter, Secretary

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY

PROJECT: Authorize (1) an acquisition contract for the purchase and implementation of hardware and software for an electronic construction plan review system for Building Inspection in the amount of $479,366; and (2) a five-year service contract for maintenance and support for an electronic construction plan review system in the amount of $140,048 - Hyland Software, Inc., most advantageous proposer of three - Total not to exceed $619,414 - Financing: Building Inspection Current Funds (subject to annual appropriations)

Hyland Software, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor.PROJECT CATEGORY: Other Services

_______________________________________________________________

LOCAL/NON-LOCAL CONTRACT SUMMARY

Amount Percent

Total local contracts $148,659.24 24.00%Total non-local contracts $470,754.26 76.00%

------------------------ ------------------------

TOTAL CONTRACT $619,413.50 100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION

Local Contractors / Sub-Contractors

Local Certification Amount Percent

Qnet Inc. BMMB54121Y0613 $148,659.24 100.00%------------------------ ------------------------

Total Minority - Local $148,659.24 100.00%

Non-Local Contractors / Sub-Contractors

None

TOTAL M/WBE CONTRACT PARTICIPATION

Local Percent Local & Non-Local Percent

African American $148,659.24 100.00% $148,659.24 24.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

---------------------- ---------------------- ---------------------- -----------------------

Total $148,659.24 100.00% $148,659.24 24.00%

COUNCIL CHAMBER

September 26, 2012

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

Section 1. That the City Manager is authorized to execute (1) an acquisition contract for the purchase and implementation of hardware and software for an electronic construction plan review system for Building Inspection in the amount of $479,365.50; and (2) a five-year service contract for maintenance and support for an electronic construction plan review system in the amount of $140,048.00 with Hyland Software, Inc. (VS0000073962) in a total amount not exceed $619,413.50, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Hyland Software, Inc. shall be based only on the amount of the services directed to be performed by the City and properly performed by Hyland Software, Inc. under the contract.

Section 2. That the City Controller is authorized to disburse funds from the following appropriations in an amount not to exceed $619,413.50 (subject to annual appropriations):

FUND DEPT UNIT OBJ AMOUNT FY ENCUMBRANCE0150 DEV 3141 4735 $479,365.50 2012 CTDEVEPRS09120150 DEV 3141 3110 $ 35,012.00 2013 CTDEVEPRS09130150 DEV 3141 3110 $ 35,012.00 2014 CTDEVEPRS09140150 DEV 3141 3110 $ 35,012.00 2015 CTDEVEPRS09150150 DEV 3141 3110 $ 35,012.00 2016 CTDEVEPRS0916

Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.




DEPARTMENT: Business Development & Procurement ServicesCommunication and Information ServicesSustainable Development and Construction

CMO: Jeanne Chipperfield, 670-7804Jill A. Jordan, P.E., 670-5299Ryan S. Evans, 670-3314

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize (1) an acquisition contract for the purchase and implementation of hardware and software for an electronic construction document management system for Building Inspection in the amount of $527,343; and (2) a five-year service contract for maintenance and support for an electronic construction document management system in the amount of $145,884 - Hyland Software, Inc., most advantageous proposer of three - Total not to exceed $673,227 - Financing: Building Inspection Current Funds (subject to annual appropriations)

BACKGROUND

This acquisition contract will provide for the purchase and implementation of a new electronic construction document management system to replace Building Inspection’s (BI) legacy system. The current system has reached its useful life and is no longer supported by the manufacturer. The acquisition includes all hardware, software and professional services to support implementation of the new system. The document management system will provide an efficient and effective platform for the electronic management of documents and other content throughout BI’s processes. The system includes improved capabilities such as: workload management, document routing, archiving and retrieval. The new system will support the proposed electronic construction plan review system through a tightly integrated interface with the current building permit issuance and tracking system.

The existing legacy system requires City staff to retrieve construction records from a variety of formats, including microfilm and microfiche, much of which is deteriorating. The document management system will allow the City to store, catalog, search and retrieve documents through one system. Maintenance includes patches, updates, technical support for five years.



Advantages of the proposed new system will include the initial storage capacity of 1.5 terabytes (TB) and the ability to archive additional documents at the rate of 200 GB per year, a significant increase in capacity over the current system.

A seven member committee from the following departments reviewed and evaluated the proposals:

Public Works Department (1) Sustainable Development and Construction (2)Communication and Information Services (2)Business Development & Procurement Services (2)*

*Business Development and Procurement Services only evaluated the Business Inclusion and Development Plan and cost.

The successful proposer was selected by the committee on the basis of demonstrated competence and qualifications under the following criteria:

Cost 30%Functional Match to City Requirement 30%Proposer Capabilities, Resources and Expertise 20%Business Inclusion and Development Plan 15%Training 5%

As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 1123 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach.

PRIOR ACTION/REVIEW (COUNCIL BOARDS, COMMISSIONS)


FISCAL INFORMATION

$673,226.87 – Building Inspection Current Funds (subject to annual appropriations)


M/WBE INFORMATION

206 - Vendors contacted206 - No response 0 - Response (Bid) 0 - Response (No bid) 0 - Successful

1123 - M/WBE and Non-M/WBE vendors were contacted

The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826 as amended.

ETHNIC COMPOSITION


White Male 46 White Female 10Black Male 1 Black Female 0Hispanic Male 0 Hispanic Female 0Other Male 0 Other Female 0


The following proposals were received from solicitation number BUZ1219 and were opened on May 31. 2012. This proposal is being awarded in its entirety to the most advantageous proposer.


Proposers Address Score Amount

*Hyland Software, . 28500 Clemens Rd. 77.27 $673,226.87Inc Westlake, OH 44145

VP Imaging, Inc. 5048 Tennyson Pkwy. 73.34 $539,572.00dba DocuNav Suite 110Solutions Plano, TX 75024

Visual Date Software 1035 N. 3rd St. 67.00 $387,500.00Corporation Suite 102

Lawrence, KS 66044


OWNER


Kris Painter, PresidentKathy Painter, Secretary


PROJECT: Authorize (1) an acquisition contract for the purchase and implementation of hardware and software for an electronic construction document management system for Building Inspection in the amount of $527,343; and (2) a five-year service contract for maintenance and support for an electronic construction document management system in the amount of $145,884 - Hyland Software, Inc., most advantageous proposer of three - Total not to exceed $673,227 - Financing: Building Inspection Current Funds (subject to annual appropriations)

Hyland Software, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor.PROJECT CATEGORY: Other Services

_______________________________________________________________


Amount Percent

Total local contracts $161,574.00 24.00%Total non-local contracts $511,652.87 76.00%

------------------------ ------------------------

TOTAL CONTRACT $673,226.87 100.00%




Qnet, Inc. BMMB54121Y0613 $161,574.00 100.00%------------------------ ------------------------



None



African American $161,574.00 100.00% $161,574.00 24.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

---------------------- ---------------------- ---------------------- -----------------------

Total $161,574.00 100.00% $161,574.00 24.00%

COUNCIL CHAMBER

September 26, 2012


Section 1. That the City Manager is authorized to execute (1) an acquisition contract for the purchase and implementation of hardware and software for an electronic construction document management system for Building Inspection in the amount of $527,342.87; and (2) a five-year service contract for maintenance and support for an electronic construction document management system in the amount of $145,884.00, with Hyland Software, Inc. (VS0000073962) in a total amount not exceed $673,226.87, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Hyland Software, Inc. shall be based only on the amount of the services directed to be performed by the City and properly performed by Hyland Software, Inc. under the contract.

Section 2. That the City Controller is authorized to disburse funds from the following appropriations in an amount not to exceed $673,226.87 (subject to annual appropriations):

FUND DEPT UNIT OBJ AMOUNT FY ENCUMBRANCE0150 DEV 3141 4735 $527,342.87 2012 CTDEVEDMS09120150 DEV 3141 3110 $ 36,471.00 2013 CTDEVEDMS09130150 DEV 3141 3110 $ 36,471.00 2014 CTDEVEDMS09140150 DEV 3141 3110 $ 36,471.00 2015 CTDEVEDMS09150150 DEV 3141 3110 $ 36,471.00 2016 CTDEVEDMS0916


ADDENDUM ITEM # 3KEY FOCUS AREA: Public Safety Improvements and Crime Reduction



DEPARTMENT: Business Development & Procurement ServicesPoliceTrinity Watershed Management

CMO: Jeanne Chipperfield, 670-7804A. C. Gonzalez, 671-8925Jill A. Jordan, P.E., 670-5299

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize the purchase of three surveillance camera trailers for Police – Comprehensive Communications Services, LLC through the Department of Information Resources - Not to exceed $110,700 - Financing: Stormwater Drainage Management Current Funds

BACKGROUND This purchase will provide three surveillance camera trailers for Police in support of the Illegal Dumping Initiative and other locations as needed within the City. The trailers are designed specifically for mobile video surveillance with 360 degree viewing capability and a 30 foot mast system. The trailers are all metal, single axle and bumper pull with four outriggers. The design allows the City to easily deploy the units anywhere video surveillance is needed. The trailer design includes a locking cabinet for high capacity battery and recording equipment storage. Multiple cameras can be installed on the 30 foot mast system. A 4G broadband card supplies the network connectivity for real time monitoring by Police.

The Department of Information Resources conforms to the requirements of Texas Statutes that are applicable for competitive bids and proposals, in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In addition, The Department of Information Resources receives bids from manufacturers and dealers throughout the United States.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.


FISCAL INFORMATION $110,700.00 - Stormwater Drainage Management Current Funds ETHNIC COMPOSITION Comprehensive Communications Services, LLC White Male 1 White Female 1 Black Male 0 Black Female 0 Hispanic Male 0 Hispanic Female 0 Other Male 0 Other Female 0 OWNER Comprehensive Communications Services, LLC Gary Collins, President

COUNCIL CHAMBER

September 26, 2012

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS

Section 1. That the purchase of three surveillance camera trailers for Police is authorized with Comprehensive Communication Services, LLC. (VS0000036923) in an amount not to exceed $110,700.00.

Section 2. That the Purchasing Agent is authorized, upon appropriate requisition, to issue a purchase order for three surveillance camera trailers for Police. If a formal contract is required for this purchase instead of a purchase order, the City Manager is authorized to execute the contract upon approval as to form by the City Attorney.

Section 3. That the City Controller is authorized to disburse funds from the following appropriation in an amount not to exceed $110,700.00:

Fund Dept Unit Object Amount Encumbrance

0061 SDM 4998 4780 $110,700.00 PO DPD 00000106376




COUNCIL DISTRICT(S): N/A

DEPARTMENT: City Attorney's OfficeFire

CMO: Thomas P. Perkins, Jr., 670-3491A. C. Gonzalez, 671-8925

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of DLA Piper LLP for additional legal services relating to federal health care reform legislation - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds

BACKGROUND

Supplemental Agreement No. 1 will authorize DLA Piper LLP to provide additional legal services relating to federal health care reform legislation.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

Council will be briefed in Closed Session on September 19, 2012.

FISCAL INFORMATION

$75,000.00 - Current Funds

M/WBE INFORMATION

The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Resolution No. 08-2826, as amended.


ETHNIC COMPOSITION

DLA Piper LLP

Hispanic Female 16 Hispanic Male 26Black Female 27 Black Male 22Other Female 48 Other Male 54White Female 354 White Male 837

OWNER

DLA Piper LLP

Terry O’Malley, Managing Partner


PROJECT: Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of DLA Piper LLP for additional legal services relating to federal health care reform legislation - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds

DLA Piper LLP is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.

PROJECT CATEGORY: Professional Services_______________________________________________________________

LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY

Amount Percent

Local contracts $75,000.00 100.00%Non-local contracts $0.00 0.00%

--------------------------- ---------------------------

TOTAL THIS ACTION $75,000.00 100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION


None


None

TOTAL M/WBE PARTICIPATIONThis Action Participation to Date

Amount Percent Amount Percent

African American $0.00 0.00% $0.00 0.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

----------------------- ---------------------- --------------------------- ---------------------------

Total $0.00 0.00% $0.00 0.00%

COUNCIL CHAMBER

September 26, 2012

WHEREAS, the City of Dallas has engaged DLA Piper LLP for legal services relating to federal health care reform legislation; and,

WHEREAS, on July 13, 2012, pursuant to Administrative Action No. 12-1797, the City of Dallas authorized a professional services contract with DLA Piper LLP in an amount not to exceed $25,000.00 for legal services necessary to represent the City; and,

WHEREAS, the legal services of DLA Piper LLP continue to be necessary for representation of the City; Now, Therefore,


Section 1. That, following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into Supplemental Agreement No. 1 to the professional services contract with the law firm of DLA Piper LLP for additional legal services relating to federal health care reform legislation, in an amount not to exceed $75,000.00, increasing the original contract amount from $25,000.00 to $100,000.00.

Section 2. That the City Controller is authorized to disburse, in periodic payments to the law firm of DLA Piper LLP an amount not to exceed $75,000.00 from Fund 0192, Department ORM, Unit RM01, Obj. 3070, Encumbrance No. ATT389011J240, Vendor No. VC0000010719.


ADDENDUM ITEM # 5KEY FOCUS AREA: Public Safety Improvements and Crime Reduction



DEPARTMENT: Police

CMO: A. C. Gonzalez, 671-8925

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize an amendment to the contract with ACS State and Local Solutions, Inc. to provide: (1) a pay by phone or internet payment option at single space meters; and (2) an option to purchase multi-space “smart meter” technology and services – Financing: No cost consideration to the City

BACKGROUND

The City of Dallas contracts with ACS State and Local Solutions, Inc. for parking meter collections, repairs/maintenance, installation and removal of parking meters as requested.

Currently, the City of Dallas operates approximately 4,200 single space coin meters and 100 single space IPS meters that offer credit card payment options in conjunction with coin transactions. In addition to the single space meters, the City owns and operates (5) five parking lots which allow cash, credit card, and pay-by-phone transactions.

The City of Dallas would like to expand the current pay by phone services from the parking lots that we operate to all 4,300 single space meters utilizing ACS State and Local Solutions, Inc.

This additional service will allow customers greater flexibility in what payment option they prefer to use when parking on a street downtown. Customers will have the option to pay over the phone or via a smart phone application or web services.

ACS State and Local Solutions, Inc. will provide stickers for each parking meter that identifies the toll-free phone number and meter number allowing the customer to pay-by-phone for any parking meter.

The City Of Dallas has been evaluating smart meter technologies at City Hall, Main Street Gardens and at the Dallas Museum of Art.

This technology is deemed successful, and the City would like the option to purchase this technology through our current agreement with ACS.


PRIOR ACTION/REVIEW (Council, Board, Commissions)

Briefed to Public Safety Committee on April 23, 2012.

FISCAL INFORMATION

No cost consideration to the City

COUNCIL CHAMBER

September 26, 2012

WHEREAS, on May 12, 2010, Resolution No. 10-1257 authorized the City's option to renew its License Agreement with ACS State and Local Solutions, Inc., for an additional five-year term for the Meter Operation and Parking Management Information System, including, but not limited to: current hardware, software, software licenses, new hand-held equipment, LPR equipment, high-tech parking meters and perpetual maintenance and support during the term of the contract; and,

WHEREAS, Pay by Phone Services will be provided in City owned parking lots by ACS State and Local Solutions, Inc.; and,

WHEREAS, it is in the City’s best interest to expand this service and provide citizens with the option to pay by phone at single space meters thru ACS State and Local Solutions, Inc.

Now, Therefore,


Section 1. That the City Manager be and is hereby authorized to amend the contract with ACS State and Local Solutions, Inc. to provide a pay by phone or internet payment option at single space meters; and the option to purchase multi-space “smart meter” technology and services.


ADDENDUM ITEM # 6KEY FOCUS AREA: Economic Vibrancy


COUNCIL DISTRICT(S): 14

DEPARTMENT: Public Works DepartmentStreet Services

CMO: Jill A. Jordan, P.E., 670-5299Forest E. Turner, 670-3390

MAPSCO: 45F K________________________________________________________________

SUBJECT

Authorize a three-year service contract with Siemens Industry, Inc., best value proposer of three, for fire and Closed Circuit Television Camera monitoring and annual fire alarm inspections for the Woodall Rodgers Deck Park Tunnel Project - Not to exceed $436,640 - Financing: Current Funds (subject to annual appropriations)

BACKGROUND

On February 25, 2009, City Council authorized an interlocal agreement with the Texas Department of Transportation (TxDOT) for the inspection, operation and maintenance of the Woodall Rodgers Deck Plaza Tunnel. The scope of the agreement includes inspection and preventative maintenance of the tunnel civil structures, and mechanical and electrical systems to monitor the tunnel year around for fire, Closed Circuit Television (CCTV) Camera monitoring and annual inspections. This action will authorize a three year service contract for tunnel monitoring with Siemens Industry, Inc.

In 2004, the Texas Real Estate Council (TREC) sponsored a privately funded feasibility study and master plan for a five-acre park proposed to be built over Woodall Rodgers Freeway. This park site was originally identified in the Downtown Parks Master Plan, which was adopted by City Council in 2004. In 2006, TREC created Woodall Rodgers Park Foundation (WRPF), a Texas non-profit organization, in order to raise the monies from the private sector and administer the construction of the park. WRFP has been overseeing the construction and will be responsible for the maintenance of the park elements after the construction completion. The construction of the deck/tunnel which began in fall 2009, was completed by TxDOT in July 2012. The interlocal agreement with TxDOT requires the City to be responsible for the perpetual maintenance of the tunnel.



Alarm services (Fire, Closed Circuit Television monitoring, testing, inspection and repair services) were advertised on July 12, 2012, and the bids were opened on August 8, 2012. A pre-proposal conference was held on July 25, 2012. The testing and annual inspection requires that the monitoring contractor comply with National Fire Protection Act - Section 72 and all other codes governing testing and annual inspections.

A four member committee from the following departments reviewed and evaluated all three proposals that were submitted:

Dallas Fire and Rescue 1Park and Recreation Department 1Public Works Department 2

ESTIMATED SCHEDULE OF PROJECT

Begin three year service contract October 2012Complete three year service contract September 2015

PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS)

Authorized an Interlocal Agreement with the Texas Department of Transportation on February 25, 2009, by Resolution No. 09-0596.

FISCAL INFORMATION

Current Funds - $436,640 (subject to annual appropriations)

M/WBE INFORMATION

See attached.

ETHNIC COMPOSITION

Siemens Industry, Inc.

Hispanic Female 5 Hispanic Male 19African-American Female 7 African-American Male 13Other Female 6 Other Male 8White Female 33 White Male 173



Three competitive proposals were received and opened on August 15, 2012. This service contract is being awarded to the most advantageous proposer:


Proposers Address Amount

ASG Security 875 W. Sandy Lake, #400 $271,863Coppell, Texas 75019

*Siemens Industry, Inc. 8600 N. Royal Lane, #100 $436,640Irving, Texas 75063

TYCO Integrated Security 1600 Wallace, #100 $665,720Carrollton, Texas 75006

These proposals were selected by a committee on the basis of demonstrated competence and qualifications under the following criteria:

Cost and price 35%Ability to perform 20%Experience 20%Business Inclusion and Development Plan 15%Completeness of response 10%

OWNER

Siemens Industry, Inc.

Ben Adams, Sales Manager

MAP

Attached.


PROJECT: Authorize a three-year service contract with Siemens Industry, Inc., best value proposer of three, for fire and Closed Circuit Television Camera monitoring and annual fire alarm inspections for the Woodall Rodgers Deck Park Tunnel Project - Not to exceed $436,640 - Financing: Current Funds (subject to annual appropriations)

Siemens Industry, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.PROJECT CATEGORY: Other Services

_______________________________________________________________


Amount Percent

Total local contracts $436,640.00 100.00%Total non-local contracts $0.00 0.00%

------------------------ ------------------------

TOTAL CONTRACT $436,640.00 100.00%



None


None



African American $0.00 0.00% $0.00 0.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

---------------------- ---------------------- ---------------------- -----------------------

Total $0.00 0.00% $0.00 0.00%

WOODALL RODGERS DECK PARK TUNNELFROM PEARL STREET TO ST. PAUL STREET

COUNCIL CHAMBER

September 26, 2012

WHEREAS, on February 25, 2009, Resolution No. 09-0596 authorized an Interlocal Agreement with the Texas Department of Transportation (TxDOT) for inspection, operation and maintenance of the Woodall Rodgers Deck Plaza Tunnel Project; and,

WHEREAS, Section 3 of the Interlocal Agreement with TxDOT delegates the operation and maintenance responsibility to the City of Dallas; and,

WHEREAS, on August 15, 2012, three competitive proposals were received and opened for fire and Closed Circuit Television (CCTV) monitoring and annual fire alarm inspections for the Woodall Rodgers Deck Plaza Tunnel Project; and,

WHEREAS, a four member committee reviewed and evaluated all the proposals and Siemens Industry, Inc. was best value proposer of three for fire and Closed Circuit Television (CCTV) monitoring and annual fire alarm inspections for the Woodall Rodgers Deck Plaza Tunnel Project; and,

WHEREAS, it is now necessary to enter into a three-year service contract with Siemens Industry, Inc. for fire and Closed Circuit Television (CCTV) Camera monitoring and annual fire alarm inspections for the Woodall Rodgers Deck Plaza Tunnel Project in the amount of $436,640.

Now, Therefore,


Section 1. That the City Manager is hereby authorized to enter into a three-year service contract with Siemens Industry, Inc. for fire and Closed Circuit Television Camera monitoring and annual fire alarm inspections for the Woodall Rodgers Deck Plaza Tunnel Project in an amount not to exceed $436,640, after it has been approved as to form by the City Attorney.

Section 2. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from:

Current Funds (FY 2012-2013)Fund 0001, Department STS, Unit 3180, Act. SL01Obj. 3070, CT STS13SIEMENSVendor #037091, in an amount not to exceed $145,546


COUNCIL CHAMBER

September 26, 2012


Total in an amount not to exceed $436,640





DEPARTMENT: Public Works Department

CMO: Jill A. Jordan, P.E., 670-5299

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize an ordinance (1) modifying Chapter 52, "Administrative Procedures for the Construction Codes," Chapter 53, "Dallas Building Code," and Chapter 57, "Dallas One and Two Family Dwelling Code," of the Dallas City Code, to amend the effective date and requirements of Phase 2 of the Green Building Program; and (2) adding Chapter 61, “Dallas Green Construction Code” by adopting with certain changes the 2012 Edition of the International Green Construction Code of the International Code Council, Inc. for the regulation of construction work in the City of Dallas - Financing: No cost consideration to the City

BACKGROUND

The Green Building Ordinance regulates new construction work in the city for all residential and commercial projects. It is comprised of Phase 1 and Phase 2. Phase 1, currently in force, focuses on energy efficiency, water conservation and reduction of the heat island effect through cool roofs. Phase 2, scheduled to begin October 1, 2012, would expand Phase 1 to implement a comprehensive green building standard for all new construction.

The Dallas Green Building Task Force (GBTF) reconvened on June 6, 2012. Their task was to review the status and implementation of Phase 1 of the Green Building Ordinance and make a recommendation to the Dallas City Council regarding the implementation of Phase 2. The Green Building Task Force recommends delaying implementation of Phase 2 until October 2013 and continuing with Phase 1. Additionally, in order to adopt the 2012 Edition of the International Green Construction Code of the International Code Council with certain changes, it was necessary to create Chapter 61, “Dallas Green Construction Code" to the Dallas City Code.


PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS)

On October 17, 2007, the City Council was briefed on green building practices and a proposal to work with a task force to develop a green building program for private development.

On October 24, 2007, Resolution No. 07-3199 authorized the City Manager to solicit input from a wide variety of building industry representatives and building owners to develop a green building policy, program and standards for private development in Dallas.

On March 5, 2008, the City Council was briefed on the recommendations from the task force concerning the new green building ordinance.

On April 9, 2008, Resolution No. 08-1070 authorized the adoption of the green building ordinance.

On October 26, 2009, the City Council Transportation and Environment Committee was briefed on the amendments to Chapters 53 and 57 contained in Resolution No. 09-2986.

On November 20, 2009, the Building Inspection Advisory Examining and Appeals Board was briefed and recommended approval of the proposed code changes.

On December 9, 2009, Resolution No. 09-2986 authorized an ordinance amending Chapter 53 and Chapter 57 of the Dallas City Code.

On September 12, 2011, the Transportation and Environment Committee recommended approval.

On September 28, 2011, Resolution No. 11-2564 authorized an ordinance amending Chapter 52, Chapter 53 and Chapter 57 of the Dallas City Code.

On September 24, 2012, the Transportation and Environment Committee was briefed.

FISCAL INFORMATION

No cost consideration to the City.

Adopt Dallas Green Construction Code – Page 1DRAFT

9-21-12

ORDINANCE NO.____________ An ordinance amending Chapter 52, “Administrative Procedures for the Construction Codes,”

Chapter 53, “Dallas Building Code,” and Chapter 57, “Dallas One- and Two-Family Dwelling

Code,” of the Dallas City Code, as amended; amending the effective date and requirements of

Phase 2 of the green building program; adding Chapter 61, “Dallas Green Construction Code,”

by adopting with certain changes the 2012 Edition of the International Green Construction Code

of the International Code Council, Inc.; regulating the construction, enlargement, alteration,

repair, demolition, use, and maintenance of construction work in the city; providing a penalty

not to exceed $2,000; providing a saving clause; providing a severability clause; and providing

an effective date.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1. That Subsection 101.2, “Scope,” of Section 101, “Title; Scope,” of

Subchapter 1, “Title and Scope,” of Chapter 52, “Administrative Procedures for the Construction

Codes,” of the Dallas City Code is amended to read as follows:

“101.2 Scope.The provisions of the chapter apply to the following: 1. The Dallas Building Code, Chapter 53 of the Dallas City Code. 2. The Dallas Plumbing Code, Chapter 54 of the Dallas City Code. 3. The Dallas Mechanical Code, Chapter 55 of the Dallas City Code. 4. The Dallas Electrical Code, Chapter 56 of the Dallas City Code. 5. The Dallas One- and Two-Family Dwelling Code, Chapter 57 of the Dallas City Code. 6. The Dallas Existing Building Code, Chapter 58 of the Dallas City Code.

Dallas Green Construction Code – Page 2DRAFT

7. The Dallas Energy Conservation Code, Chapter 59 of the Dallas City Code. 8. The Dallas Fuel Gas Code, Chapter 60 of the Dallas City Code. 9. The Dallas Green Construction Code, Chapter 61 of the Dallas City Code. 10. The Dallas Fire Code, Chapter 16 of the Dallas City Code, but only to the extent it is

being applied to the construction of a building or structure.” SECTION 2. That Paragraph 301.1.1, “General,” of Subsection 301.1, “Permits

Required,” of Subchapter 3, “Permits and Inspections,” of Chapter 52, “Administrative

Procedures for the Construction Codes,” of the Dallas City Code is amended to read as follows:

“301.1.1 General.A person, firm, or corporation shall not, without first obtaining a permit from the building official:

1. erect, construct, enlarge, add to, alter, repair, replace, move, improve, remove, install, convert, demolish, equip, use, occupy, or maintain a structure or building service equipment;

2. excavate or maintain an excavation; 3. pave or grade on a property; [or] 4. construct, install, alter, or repair a rainwater collection system with a capacity of

5,000 gallons or greater; 5. cause any work or activity described in Paragraphs 1 through 4 [3] of this section to

be done.” SECTION 3. That Paragraph 1001.3.2, “Phase 2,” of Subsection 1001.3, “Phases,” of

Section 1001, “Purpose; Administration; Phases,” of Subchapter 10, “Green Building Program,”

of Chapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code

is amended to read as follows:

“1001.3.2 Phase 2.Phase 2 becomes effective October 1, 2013[2012]. Phase 2 applies to all proposed projects. Proposed projects must:

1. Comply with the minimum requirements of the Dallas Green Construction Code;

2. B[b]e LEED-certifiable;[,]


3. BeGreen Built Texas-certifiable;[,] or 4. Becertifiable under an equivalent green building standard.”

SECTION 4. That Paragraph 1003.1.2, “Phase 2,” of Subsection 1003.1, “Expedited Plan

Review of Green Building Projects,” of Section 1003, “Expedited Plan Review,” of Subchapter

10, “Green Building Program,” of Chapter 52, “Administrative Procedures for the Construction

Codes,” of the Dallas City Code is amended to read as follows:

“1003.1.2 Phase 2. In order to receive an expedited plan review, an applicant must provide a checklist demonstrating the project:

1. Complies with the minimum requirements of the 2012 International Green

Construction Code or ANSI/ASHRAE/USGBC/IESStadard 189.1-2011; or

2. I[i]s eligible to obtain a LEED silver or higher certification, or an equivalent certification under another approved green building standard.”

SECTION 5. That the ASHRAE Standards in Subchapter 35, “Referenced Standards,” of

Chapter 53, “Dallas Building Code,” of the Dallas City Code are deleted.

SECTION 6. That Section 4304, “Phase 2,” of Subchapter 43, “Green Building

Program,” of Chapter 53, “Dallas Building Code,” of the Dallas City Code is amended to read as

follows:

“SECTION 4304 PHASE 2

4304.1 General. The provisions of Section 4304 become effective on October 1, 2013 [2012]. Phase 2 applies to all proposed projects. 4304.2 All new construction. All proposed projects must:

1. meet the minimum requirements of the Dallas Green Construction Code; 2. be LEED-certifiable;[,]

3. beGreen Built Texas-certifiable; or

4. becertifiable under an equivalent green building standard.[, although]


4304.2.1 Formal certification not required.F[f]ormal certification by the USGBC, Green Built Texas or an equivalent entity is not required. 4304.2.2LEED projects.

1. Each proposed project may apply for compliance under any of the following LEED rating system products: LEEDNC (new construction), LEED for schools, LEED for retail, LEED for healthcare,LEED CS (core and shell) or LEED for homes.

2. [4304.2.1 Point total.]Proposed projects must achieve[:

1.] 1 point under the water efficiency credit titled “Water Use Reduction (20%

Reduction).”[; and

2. a minimum of 3 points (17.5 percent better than ASHRAE 90.1-2007) under the energy and atmosphere credit titled “Optimize Energy Performance.”]

4304.2.3[2] Multifamily developments. Multifamily developments have the option of using LEED NC, LEED for homes, Green Built Texas or an equivalent green building standard.

4304.3 Water use.Proposed projects must reduce water usage by 20 percent. This may be accomplished by:

1. using the water efficiency requirements of Green Built Texas, LEED NC, LEED CS,

LEED CI, LEED for schools, LEED for healthcare or LEED for retail; or

2. using 20 percent less water than the water use baseline calculated for the building’s total interior water fixture use as required by the Dallas Plumbing Code.”

SECTION 7. That Paragraph 326.2.2, “Phase 2,” of Subsection 326.2, “Phases,” of

Section 326, “Green Building Program,” of Subchapter 3, “Building Planning,” of Chapter 57,

“Dallas One- and Two-Family Dwelling Code,” of the Dallas City Code is amended to read as

follows:

“326.2.2 Phase 2.Phase 2 becomes effective October 1, 2013 [2012]. Phase 2 applies to all proposed projects.

326.2.2.1 All new construction. All proposed projects must:

1. meet the minimum requirements of ICC 700; 2. meet the prescriptive requirements of Section 326.2.2.1.3;


3. be LEED-certifiable under the LEED for homes standard;[,]

4. be Green Built Texas-certifiable[,]or

5. meet an equivalent minimum green building standard certification level as determined by the building official.[, although]

F[f]ormal certification by the USGBC, Green Built Texas or an equivalent entity is not required.

326.2.2.1.1 LEED. For proposed projects utilizing LEED for homes, the point total must include[:

1.] 1 point under the water efficiency credit titled “Indoor Water Use.”

[2. A minimum of 4 points (performance of ENERGY STAR for homes with a HERS rating of 83 or less) under the energy and atmosphere credit titled “Optimize Energy Performance.”]

326.2.2.1.2 Green Built Texas. For proposed projects utilizing the Green Built Texas standards, energy use requirements must be met by:

1. Providing an International Code Compliance Calculator (IC3)-Energy

Systems Laboratory certificate to the building official showing [17.5 percent less] energy consumptionthat meets[than] the minimum requirements of Chapter 11 of this code or Chapter 4 of the Dallas Energy Conservation Code; or

2. A HERS index of 85 [83] or less.

326.2.2.1.3 Prescriptive requirements. 326.2.2.1.3.1 Storm water. For all proposed projects, lots must be designed so

that at least 70 percent of the built environment, not including any area under a roof, is permeable or designed to capture water runoff for infiltration onsite. The following areas may be counted toward the 70 percent requirement:

1. Vegetative landscape such as grass, trees and shrubs.

2. Permeable paving, installed by an experienced professional. Permeable

paving must include porous above-ground materials, such as open pavers and engineered products, and a 6-inch porous sub-base. The base layer must be designed to ensure proper drainage from the home.


3. Impermeable surfaces that are designed to direct all runoff toward an appropriate permanent infiltration feature such as a vegetated swale, onsite rain garden or rainwater cistern.

326.2.2.1.3.2[326.2.2.2]Water efficiency[use]. 326.2.2.1.3.2.1 New construction.Proposed projects must:

1. Utilize drip irrigation emitters for all bedding areas of an approved landscape plan, and

2. Meet water reduction strategies that include installing high-efficiency

(low-flow) fixtures or fittings which meet at least three of the following requirements:

2.1. The average flow rate for all lavatory faucets must be less than

or equal to 2.0 gallons per minute. 2.2. The average flow rate for all shower heads must be less than or

equal to 2.0 gallons per minute. 2.3. The average flow rate for all toilets must be:

2.3.1. Less than or equal to 1.3 gallons per flush; 2.3.2. Be dual flush and meet the requirements of ASME A

112.19.14; or

2.3.3. Meet the U.S. Environmental Protection Agency Water Sense specification and be certified and labeled correctly.

2.4. Utilize ENERGY STAR labeled dishwashers that use 6.0

gallons or less per cycle. 2.5. Utilize ENERGY STAR labeled clothes washers with a

modified energy factor (MEF) greater than or equal to 2.0 and a water factor (WF) of less than 5.

326.2.2.1.3.2.2 Additions to existing one- and two-family dwellings.

Additions to existing one- and two-family dwellings must meet at least two of the following water reduction strategies:

1. The average flow rate for all lavatory faucets must be less than or

equal to 2.0 gallons per minute.


2. The average flow rate for all shower heads must be less than or equal to 2.0 gallons per minute.

3. The average flow rate for all toilets must be:

3.1 Less than or equal to 1.3 gallons per flush;

3.2 Be dual flush and meet the requirements of ASME A

112.19.14; or

3.3 Meet the U.S. Environmental Protection Agency Water Sense specification and be certified and labeled correctly.

326.2.2.1.3.3 Energy efficiency. All proposed projects must:

1. Meet the performance requirements of ENERGY STAR for Homes to achieve a HERS rating of 75; or

2. Achieve energy efficiency 15 percent above the requirements of the

Dallas Energy Conservation Code using the IC3 calculator.

326.2.2.1.3.4 Heat island mitigation. Proposed projects shall install an ENERGY STAR qualified roof on all roofs with a slope of 2:12 or greater.

Exception: A vegetated roof may installed subject to approval by the

building official. 326.2.2.1.3.5 Indoor air quality. 326.2.2.1.3.5.1 HVAC. For proposed projects, all air-handling equipment and

ductwork must be outside the fire-rated envelope of the garage.

326.2.2.1.3.5.2 Minimize pollutants from the garage. For proposed projects, surfaces between conditioned space and an attached garage must be tightly sealed.

326.2.2.1.3.5.2.1Conditioned spaces above a garage.

1. All penetrations must be sealed.

2. All floor and ceiling joist bays must be sealed.

3. The walls and ceilings of conditioned spaces above a garage must

be painted.


326.2.2.1.3.5.2.2 Conditioned spaces next to a garage.

1. All penetrations must be sealed.

2. All doors must be weather stripped.

3. All cracks at the base of the wall must be sealed.

326.2.2.1.3.5.2.3 Air filters. 1. For proposed projects, air filters must be installed with a minimum

reporting value (MERV) equal to or greater than 8.

2. For proposed projects, air handlers must be able to maintain adequate air pressure and air flow.

3. For proposed projects, air filter housings must be airtight to

prevent bypass or leakage. [meet water reduction strategies that comply with the water efficiency requirements of Green Built Texas, or meet a minimum of six water efficiency points of LEED for Homes.]”

SECTION 8. That the ASME standards in Subchapter 43, “Referenced Standards,” of

Chapter 57, “Dallas One- and Two-Family Dwelling Code,” are amended by adding the

following standard in sequential order to read as follows:

“A112-19.14—06 Six Liter Water Closets Equipped with a Dual Flushing Device .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .326.2.2.1.3.2.1, 326.2.2.1.3.2.2”

SECTION 9. That the ICC standards in Subchapter 43, “Referenced Standards,” of

Chapter 57, “Dallas One- and Two-Family Dwelling Code,” are amended by adding the

following standard in sequential order to read as follows:

“ICC 700—2008 National Green Building Standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .326.2.2.1”

SECTION 10. That Chapter 61, “Dallas Green Construction Code,” of the Dallas City

Code, as amended, is added by adopting the 2012 Edition of the International Green

Construction Code of the International Code Council, Inc. (which is attached as Exhibit A and

made a part of this ordinance), with the following amendments:


1. Pages xiii and xiv, “Legislation,” are deleted.

2. Chapter 1, “Scope and Administration,” of the 2012 International Green

Construction Code is deleted and replaced by a new Chapter 1, “Scope and Administration,” to

read as follows:

“CHAPTER 1 SCOPE AND ADMINISTRATION

SECTION 101 GENERAL

[A] 101.1 Title. These regulations shall be known as the Dallas Green Construction Code hereinafter referred to as “this code.”

101.2 General. This code is an overlay document to be used in conjunction with the other codes and standards adopted by the jurisdiction. This code is not intended to be used as a standalone construction regulation document and permits are not to be issued under this code. This code is not intended to abridge or supersede safety, health or environmental requirements of other applicable codes or ordinances.

101.3 Scope. The provisions of this code shall apply to the design, construction, addition, and building site of every new building or new structure or any new appurtenances connected or attached to such buildings or structures and to the site on which the building is located. Occupancy classifications shall be determined in accordance with theDallasBuilding Code.

Exceptions:

1. The code shall not apply to items 1.1, 1.2 and 1.3 except where the jurisdiction adopts

the jurisdictional requirements of Section 302.1, Item 1, for residential buildings.

1.1. Detached one- and two-family dwellings and multiple single-family dwellings (town-houses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located.

1.2. Group R-3 residential buildings, their accessory structures, and the site or lot

upon which these buildings are located.

1.3. Group R-2 and R-4 residential buildings four stories or less in height above grade plane, their accessory structures, and the site or lot upon which these buildings arelocated.


2. The code shall not apply to equipment or systems that are used primarily for industrial or manufacturing.

3. The code shall not apply to temporary structures approved under Section 3103 of the

DallasBuilding Code. 4. Where ASHRAE 189.1 is selected in accordance with Section 301.1.1, ASHRAE

189.1 shall not apply to buildings identified in Exceptions 1 through 3.

101.3.1 Residential construction. In lieu of the requirements of this code the following may be deemed-to-comply with this code:

1. Group R-2 and R-4 residential buildings five stories or more in height above grade plane, their accessory structures, and the site or lot upon which these buildings are located that comply with ICC 700, with a minimum energy efficiency category requirements of theDallas Energy Conservation Code.

2. Group R-2 and R-4 portions of mixed use buildings that comply with ICC 700, with a

minimum energy efficiency category requirements of theDallas Energy Conservation Code. The remainder of the building and the site upon which the building is located shall comply with the provisions of this code.

101.4 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.5 Intent. This code is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. This code is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances. 101.6 Administrative procedures. Except as otherwise specified in this chapter, all provisions of Chapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code apply to this code. 101.7 Referenced codes and standards. The codes and standards referenced in this code are considered part of the requirements of this code to the prescribed extent of each such reference only when such codes and standards have been specifically adopted by the City of Dallas. Whenever amendments have been adopted to the referenced codes and standards, each reference to the codes and standards is considered to reference the amendments as well. Any reference made to NFPA 70 or the ICC Electrical Code means the Dallas Electrical Code, as amended. References made to the International Building Code, International Mechanical Code, the International Plumbing Code, the International Fire Code, the International Energy Conservation Code, the International Fuel Gas Code, the International Existing Building Code, and the International Residential Code, respectively mean the Dallas Building Code, the Dallas Mechanical Code,the Dallas Plumbing Code, the Dallas Fire Code, the Dallas Energy Conservation Code, the Dallas Fuel Gas Code, the Dallas Existing Building Code, and the


Dallas One- and Two-Family Dwelling Code, as amended. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code apply.” 3. Chapter 3, “Jurisdictional Requirements and Life Cycle Assessment,” of the 2012

International Green Construction Code is retitled as Chapter 3, “Jurisdictional Requirements.”

4. Section 301, “General,” of Chapter 3, “Jurisdictional Requirements,” of the 2012

International Green Construction Code is amended to read as follows:

“SECTION 301 GENERAL

301.1 Scope. This chapter contains requirements that are specific to and selected by the jurisdiction [and provisions for whole building life cycle assessments]. 301.1.1 Application. The requirements contained in this code are applicable to new

buildings, or newportions of buildings. As indicated in Section 101.3, these buildings may [shall] meet either the requirements of ASHRAE 189.1 or the requirements contained in this code.

301.1.2 Jurisdictional requirements. This chapter requires that the jurisdiction indicate in

Table 302.1 whether specific provisions are mandatory for all buildings regulated by this code and, where applicable, the level of compliance required. All other provisions of this code shall be mandatory as applicable.”

5. Section 302, “Jurisdictional Requirements,” of Chapter 3, “Jurisdictional

Requirements,” of the 2012 International Green Construction Code is amended to read as

follows:

“SECTION 302 JURISDICTIONAL REQUIREMENTS

302.1 Requirements determined by the jurisdiction. The jurisdiction shall indicate the following information in Table 302.1 for inclusion in its code adopting ordinance:

1. The jurisdiction shall indicate whether the requirements for residential buildings, as indicated in Exception 1 to Section 101.3, are applicable by selecting “Yes” or “No” in Table 302.1. Where “Yes” is selected, the provisions of ICC 700 may [shall] apply and the remainder of this code shall not apply.


2. [Where the jurisdiction requires enhanced energy performance for buildings designed on a performance basis, the jurisdiction shall indicate a zEPI of 46 or less in Table 302.1 for each occupancy required to have enhanced energy performance.

3.] Where “Yes” or “No” boxes are provided, the jurisdiction shall check the box to indicate “Yes” where that section is to be enforced as a mandatory requirement in the jurisdiction, or “No” where that section is not to be enforced as a mandatory requirement in the jurisdiction.

[302.2.1 zEPI of 46 or less. Where a zEPI of 46 or less is indicated by the jurisdiction in Table 302.1, buildings shall comply on a performance-basis in accordance with Section 601.3.1.

Exception: Buildings less than 25,000 square feet (2323 m2) in total building area

pursuing compliance on a prescriptive bases shall be deemed to have a zEPI of 51 and shall not be required to comply with the zEPI of Jurisdictional Choice indicated by the jurisdiction in Table 302.1.]”

6. Table 302.1, “Requirements Determined by the Jurisdiction,”of Chapter 3,

“Jurisdictional Requirements,” of the 2012 International Green Construction Code is amended to

read as follows:

“TABLE 302.1 REQUIREMENTS DETERMINED BY THE JURISDICTION

Section Section Title or Description and Directives

Jurisdictional Requirements

CHAPTER 1. SCOPE

101.3 Exception 1.1

Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located may [shall] comply with ICC 700.

Yes

No

101.3

Exception 1.2

Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located, may [shall] comply with ICC 700.

Yes

No

101.3

Exception 1.3

Group R-2 and R-4 residential buildings four stories or less above grade plane, their accessory structures, and the site or lot upon which these buildings are located, may [shall] comply with ICC 700.

Yes

No


CHAPTER 4. SITE DEVELOPMENT AND LAND USE [402.2.1 Flood hazard area preservation, general

Yes No 402.2.2 Flood hazard area preservation, specific

Yes No 402.3 Surface water protection

Yes No 402.5 Conservation area

Yes No 402.7 Agricultural land

Yes No] 402.8 Greenfield sites

Yes No [407.4.1 High-occupancy vehicle parking

Yes No 407.4.2 Low-emission, hybrid and electric vehicle

parking Yes No] 409.1 Light pollution control

Yes No CHAPTER 5. MATERIAL RESOURCE CONSERVATION AND EFFICIENCY

503.1 Minimum percentage of waste material diverted from landfills 50%

65%

75% [CHAPTER 6. ENERGY CONSERVATION, EFFICIENCY

AND CO2e EMISSION REDUCTION 302.1, 302.1.1, 602.1 zEPI of Jurisdictional Choice – The

jurisdiction shall indicate a zEPI of 46 or less in each occupancy for which it intends to require enhanced energy performance.

Occupancy: _______ zEPI: ____________

CHAPTER 7. WATER RESOURCE CONSERVATION, QUALITY AND EFFICIENCY 702.7 Municipal or reclaimed water

Yes No] CHAPTER 8. INDOOR ENVIRONMENTAL QUALITY AND COMFORT 804.2 Post-Construction Pre-Occupancy Baseline

IAQ Testing Yes No [807.1 Sound transmission and sound levels

Yes No CHAPTER 10. EXISTING BUILDINGS

1007.2 Evaluation of existing buildings Yes

No

1007.3 Post Certificate of Occupancy zEPI, energy demand, and CO2e emissions reporting Yes No]”

7. Section 303, “Whole Building Life Cycle Assessment,” of Chapter 3,

“Jurisdictional Requirements,” of the 2012 International Green Construction Code is deleted.


8. Subsection 401.2, “Predesign Site Inventory and Assessment,” of Section 401,

“General,” of Chapter 4, “Site Development and Land Use,” of the 2012 International Green

Construction Code is deleted.

9. Subsection 402.1, “Protection by Area,” of Section 402, “Preservation of Natural

Resources,” of Chapter 4, “Site Development and Land Use,” of the 2012 International Green

Construction Code is amended to read as follows:

“402.1 Protection by area.Where [flood hazard areas, surface water bodies or wetlands, conservation areas, parklands, agricultural lands or] greenfields are located on, or adjacent to a lot, the development of the lot as a building site shall comply with the provisions of Section[s 402.2 through] 402.8.”

10. Subsection 402.2, “Flood Hazard Areas”; Subsection 402.3, “Surface Water

Protection”; Subsection 402.4, “Wetland Protection”; Subsection 402.5, “Conservation Area”;

Subsection 402.6, “Park Land”; and Subsection 402.7, “Agricultural Land,” of Section 402,

“Preservation of Natural Resources,” of Chapter 4, “Site Development and Land Use,” of the

2012 International Green Construction Code are deleted.

11. Subsection 402.8, “Greenfield Sites,” of Section 402, “Preservation of Natural

Resources,” of Chapter 4, “Site Development and Land Use,” of the 2012 International Green

Construction Code is amended to read as follows:

“402.8 Greenfield sites. Where this section is indicated to be applicable in Table 302.1, site disturbance or development shall not be permitted on greenfieldsites specifically identified by and pursuant to the authority having jurisdiction. Exception: The development of new buildings and associated site improvements shall be

permitted on greenfield sites where the jurisdiction determines that adequate infrastructure exists, or will be provided, and where the sites comply with not less than one of the following:

1. The greenfield site is located within ¼ mile (0.4 km) of developed residential land

and an average density of not less than 8 dwelling units per acre (19.8 dwelling units per hectare).


2. The greenfield site is located within a ¼ mile (0.4 km) distance, measured over roads or designated walking surfaces, of not less than 5 diverse uses and within ½ mile (0.8 km) walking distance of not less than 7 diverse uses. The diverse uses shall include not less than one use from each of the following categories of diverse uses: retail, service, or community facility.

3. The greenfield site has access to transit service. The building on the building site

shall be located in compliance with one of the following:

3.1 Within ¼ mile (0.4 km) distance, measured over designated walking surfaces, of existing or planned bus or streetcar stops.

3.2 Within ½ mile (0.8 km) distance,, measured over designed walking surfaces, of existing or planned rapid transit stops, light or heavy passenger rail stations, ferry terminals, or tram terminals.

4. The greenfield site is located adjacent to areas of existing development that have

connectivity of not less than 90 intersections per square mile (35 intersection per square kilometer). Not less than 25 percent of the perimeter of the building site shall adjoin, or be directly across a street, public bikeway or pedestrian pathway from the qualifying area of existing development. 4.1 Intersections included for determination of connectivity shall include the

following: 4.1.1 Intersection of public streets with other public streets.

4.1.2 Intersections of public streets with bikeways and pedestrian

pathways that are not part of a public street for motor vehicles; and

4.1.3 Intersections of bikeways and pedestrian pathways that are not part of a public street for motor vehicles with other bikeways and pedestrian pathways that are not part of a public street for motor vehicles.

4.2 The following areas need not be included in the determination of connectivity:

4.2.1 Water bodies, including, but not limited to lakes and wetlands.

4.2.2 Parks larger than ½ acre (2023 m2), designated conservation areas

and areas preserved from development by the jurisdiction or by the state or federal government.

4.2.3 Large facilities including, but not limited to airports, rail yards,

college and university campuses.


[402.8.1 Site disturbance limits on greenfield sites. For greenfield sites that are permitted to be developed, site disturbances shall be limited to the following areas:

1. Within 40 feet (18 288 mm) of the perimeter of the building;

2. Within 15 feet (4572 mm) of proposed surface walkways, roads, paved areas, and utilities;

3. Within 15 feet (7620 mm) of constructed areas with permeable surfaces that require additional staging areas to limit compaction in the constructed areas].”

12. Section 403, “Stormwater Management;” Section 404, “Landscape Irrigation and

Outdoor Fountains”; and Section 405, “Management of Vegetation, Soils and Erosion Control,”

of Chapter 4, “Site Development and Land Use,” of the 2012 International Green Construction

Code are deleted.

13. Subsection 406.1, “Building Site Waste Management Plan,” of Section 406,

“Building Waste Management,” of Chapter 4, “Site Development and Land Use,” of the 2012


“406.1 Building site waste management plan. A building site waste management plan shall be developed and implemented to divert not less than 50 [75] percent of the land-clearing debris and excavated soils. Land-clearing debris includes rock, trees, stumps and associated vegetation. The plan shall include provisions that address all of the following:

1. Materials to be diverted from disposal by efficient usage, recycling or reuse on the building site shall be specified.

2. Diverted materials shall not be sent to [sites that are agricultural land, flood hazard areas or]greenfieldsites where development is prohibited by Section 402.1 except where approved by the code official.

3. The effective destruction and disposal of invasive plant species.

4. Where contaminated soils are removed, the methods of removal and location where the soils are to be treated and disposed.

5. The amount of materials to be diverted shall be specified and shall be calculated by weight or volume, but not both.


6. Where the site is located in a federal or state designated quarantine zone for invasive insect species, building site vegetation management shall comply with the quarantine rules.

7. Receipts or other documentation related to diversion shall be maintained through the

course of construction. When requested by the code official, evidence of diversion shall be provided.”

14. Subsection 407.2, “Changing and Shower Facilities”; Subsection 407.3, “Bicycle

Parking and Storage”; and Subsection 407.4, “Preferred Vehicle Parking,” of Section 407,

“Transportation Impact,” of Chapter 4, “Site Development and Land Use,” of the 2012

International Green Construction Code are deleted.

15. Section 409, “Site Lighting,” of Chapter 4, “Site Development and Land Use,” of

the 2012 International Green Construction Code is deleted and replaced with a new Section 409,

“Site Lighting,” to read as follows:

“SECTION 409 SITE LIGHTING

409.1Outdoor lighting restriction.

409.1.1 Area of use. For the lighting of predominately horizontal surfaces such as roadways, areas of vehicular and pedestrian passage, merchandising and storage areas, automotive fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, light fixtures must be aimed straight down and must be full cutoff or fully shielded, unless the aggregate wattage per fixture does not exceed the output of a standard non-directional 60 watt incandescent lamp, i.e., 900 lumens, in which case non-cutoff fixtures are permitted.

409.2.2 Maximum lamp wattage and required luminaire or lamp shielding.All lighting installations must be designed and installed to be fully shielded (full cutoff). Maximum lamp wattage for commercial lighting is 250 watts. Maximum lamp wattage for residential lighting is 100 watts for incandescent bulbs, and 32watts for compact fluorescent bulbs.

Exceptions: 1. Luminaries for safety or security reasons.


2. Lighting in swimming pools and other water features governed by the Dallas Electrical Code.

3. Exit signs and other illumination required by the codes. 4. Lighting for stairs and ramps, as required by the codes. 5. Signs that are regulated by Article VII of the Dallas Development Code,

however, all signs are recommended to be fully shielded. 6. Holiday and temporary lighting as governed by the Dallas Electrical Code. 7. Athletic field lighting if steps have been taken to minimize glare and light

trespass. 8. Low voltage landscape lighting, but such lighting should be shielded to

eliminate glare and light trespass.”

16. Section 505, “Material Selection,” of Chapter 5, “Material Resource

Conservation and Efficiency,” of the 2012 International Green Construction is amended to read

as follows:

“SECTION 505 MATERIAL SELECTION

505.1 Material selection and properties. Building materials shall conform to Section 505.2.

Exception[s]:

[1.] Electrical, mechanical, plumbing security and fire detection, and alarm equipment and controls, automatic fire sprinkler systems, elevators and conveying systems shall not be required to comply with Section 505.2.2.

[2. Where a whole building life cycle assessment is performed in accordance with

Section 303.1, compliance with Section 505.2 shall not be required.] 505.2 Materials selection. Not less than 45 [55] percent of the total building materials used in the project, based on mass, volume or cost, shall comply with Section 505.2.1, 505.2.2, 505.2.3, 505.2.4 or 505.2.5. Where a material complies with more than one section, the material value shall be multiplied by the number of sections that it complies with. The value of total building material mass, volume or cost shall remain constant regardless of whether materials are tabulated in more than one section.


505.2.1 Used materials and components. Used materials and components shall comply with the provisions for such materials in accordance with the applicable code referenced in Section101.7[102.4] and the applicable requirements of this code.

505.2.2 Recycled content building materials. Recycled content building materials shall

comply with one of the following:

1. Contain not less than 25 percent combined post-consumer and pre-consumer recovered material, and shall comply with Section 505.2.3.

2. Contain not less than 50 percent combined post-consumer and pre-consumer recovered material.

505.2.3 Recyclable building materials and building components. Building materials and

building components that can be recycled into the same material or another material with a minimum recovery rate of not less than 30 percent through recycling and reprocessing or reuse, or building materials shall be recyclable through an established, nationally available closed loop manufacturer’s take-back program.

505.2.4 Bio-based materials. Bio-based materials shall be those materials that comply with

one or more of the following:

1. The bio-based content is not less than 75 percent as determined by testing in accordance with ASTM D 6866.

2. Wood and wood products used to comply with this section, other than salvaged or reused wood products, shall be labeled in accordance with the SFI Standard, FSC STD-40-004 V2 EN, PEFC Council Technical Document or equivalent fiber procurement system. As an alternative to an on-product label, a Certificate of Compliance indicating compliance with the fiber procurement system shall be permitted. Manufacturer’s fiber procurement systems may [shall] be audited by an accredited third party.

3. The requirements of USDA 7 CFR Part 2902.

505.2.5 Indigenous materials. Indigenous materials or components shall be composed of resources that are recovered, harvested, extracted and manufactured within a 500 mile (800 km) radius of the building site. Where only a portion of a material or product is recovered, harvested, extracted or manufactured within 500 miles (800 km), only that portion shall be included. Where resources are transported by water or rail, the distance to the building site shall be determined by multiplying the distance that the resources are transported by water or rail by 0.25, and adding that number to the distance transported by means other than water or rail.”


17. Section 507, “Building Envelope Moisture Control,” of Chapter 5, “Material

Resource Conservation and Efficiency,” of the 2012 International Green Construction Code is

deleted.

18. Chapter 6, “Energy Conservation, Efficiency and CO2e Emission Reduction,” of

the 2012 International Green Construction Code is deleted.

19. Subsection 702.2, “Combination Tub and Shower Valves”; Subsection 702.3,

“Food Establishment Prerinse Spray Valves”; Subsection 702.4, “Drinking Fountain Controls”;

Subsection 702.6, “Appliances;” Subsection 702.7, “Municipal Reclaimed Water”; Subsection

702.9, “Trap Priming Water”; Subsection 702.10, “Water-Powered Pumps; Subsection 702.11,

“Food Service Handwashing Faucets”; Subsection 702.12, “Dipper Wells”; Subsection 702.13,

“Automated Vehicle Wash Facilities”; Subsection 702.14, “Self-Service Vehicle Wash

Facilities”; Subsection 702.15, “Vehicle Washing Facilities”; Subsection 702.16, “Food Waste

Disposers”; Subsection 702.17, “Combination Ovens”; Subsection 702.18, “Autoclaves and

Sterilizers”; Subsection 702.19, “Liquid Ring Vacuum Pumps”; and Subsection 702.20, “Film

Processors,” of Section 702, “Fixtures, Fittings, Equipment and Appliances,” of Chapter 7,

“Water Resource Conservation, Quality and Efficiency,” of the 2012 International Green

Construction Code are deleted.

20. Subsection 703.4, “Condensate Drainage Recovery,” of Section 703, “HVAC

Systems and Equipment,” of Chapter 7, “Water Resource Conservation, Quality and Efficiency,”

of the 2012 International Green Construction Code is amended to read as follows:


“703.4 Condensate drainage recovery.Condensate shall be collected and reused onsite when the following reuse [for] applications occur:[such as, but not limited to] water features, fountains, gray water collection systems, [and] rainwater collection systems, irrigation and cooling tower makeup. When storage of condensate occurs longer than 48 hours, the collection system shall have microbiological treatment control. Condensate shall be collected and reused onsite.Where onsite applications for condensate reuse are not available and the community sanitary sewer authority provides return credit for sanitary sewage or recycles sewage into a nonpotable water supply, condensate shall be discharged to the sanitary sewer system except where prohibited by the authority having jurisdiction. Exception: When cooling system is less than 60,000 btus.” 21. Paragraph 703.7.3, “Metering,” of Subsection 703.7, “Cooling Towers,

Evaporative Condensers and Fluid Coolers,” of Section 703, “HVAC Systems and Equipment,”

of Chapter 7, “Water Resource Conservation, Quality and Efficiency,” of the 2012 International

Green Construction Code is amended to read as follows:

“707.7.3 Metering. The metering of mechanical systems, system components, equipment and appliances shall be conducted in accordance with Section 705.1 [705.2].”

22. Paragraph 703.7.4, “Controllers and Alarms,” of Subsection 703.7, “Cooling

Towers, Evaporative Condensers and Fluid Coolers,” of Section 703, “HVAC Systems and

Equipment,” of Chapter 7, “Water Resource Conservation, Quality and Efficiency,” of the 2012


“703.7.4 Controllers and alarms.Cooling towers, evaporative condensers and fluid coolers shall be equipped with conductivity controllers and have high water level sensors in their respective basins that will indicate an overfill or near overflow condition. These sensors shall have an alarm that shall have a minimum sound pressure level rating of 85 dB measured at a distance of 10 feet (3048 mm) [overflow alarms].”

23. Paragraph 703.7.7, “Discharge,” of Subsection 703.7, “Cooling Towers,

Evaporative Condensers and Fluid Coolers,” of Section 703, “HVAC Systems and Equipment,”

of Chapter 7, “Water Resource Conservation, Quality and Efficiency,” of the 2012 International

Green Construction Code is deleted.


24. Subsection 703.8, “Wet-Hood Exhaust Scrubber Systems,” of Section 703,

“HVAC Systems and Equipment,” of Chapter 7, “Water Resource Conservation, Quality and

Efficiency,” of the 2012 International Green Construction Code is deleted.

25. Paragraph 705.1.1, “Metering,” of Subsection 705.1, “Metering,” of Section 705,

“Metering,” of Chapter 7, “Water Resource Conservation, Quality and Efficiency,” of the 2012


“705.1.1 Metering.All potable and non-potable water supplied to the applications listed in Table 705.1.1 may[shall] be individually metered in accordance with the requirements indicated in Table 705.1.1. Similar appliances and equipment shall be permitted to be grouped and supplied from piping connected to a single meter.” 26. Subparagraph 707.11.1.1, “Potable Water Applications,” of Paragraph 707.11.1,

“Collection Surface,” of Subsection 707.11, “Rainwater Catchment and Collection Systems,” of

Section 707, “Rainwater Collection and Distribution Systems,” of Chapter 7, “Water Resource

Conservation, Quality and Efficiency,” of the 2012 International Green Construction Code is

deleted.

27. Subparagraph 707.11.7.2, “Materials,” of Paragraph 707.11.7, “Storage Tank,” of

Subsection 707.11, “Rainwater Catchment and Collection Systems,” of Section 707, “Rainwater

Collection and Distribution Systems,” of Chapter 7, “Water Resource Conservation, Quality and

Efficiency,” of the 2012 International Green Construction Code is amended to read as follows:

“707.11.7.2 Materials. Where water is collected onsite, it shall be collected in an approved tank constructed of durable, nonabsorbent and corrosion-resistant materials. Storage vessels shall be compatible with the material being stored. [Where collected water is to be treated to potable water standards, tanks shall be constructed of materials in accordance with NSF 61.] Storage tanks shall be constructed of materials compatible with the type of disinfection system used to treat water upstream of the tank and used to maintain water quality within the tank.


707.11.7.2.1 Wooden tanks. Wooden storage tanks shall not be required to have a liner. [Where a tank is lined and used for potable water, the liner shall be in accordance with NSF standards.] Where unlined tanks are used, the species of wood shall be decay resistant and untreated.”

28. Subsection 707.15, “Potable Water Applications,” of Section 707, “Rainwater

Collection and Distribution Systems,” of Chapter 7, “Water Resource Conservation, Quality and

Efficiency,” of the 2012 International Green Construction Code is amended to read as follows:

“707.15 Potable water applications. [Where collected rainwater is to be used for potable water applications, all materials contacting the water shall comply with NSF 61.] 707.15.1 Water quality testing. Collected rainwater shall be tested. Accumulated water to

be tested shall be the result of not less than two rainfall events. Testing shall be in accordance with Sections 707.15.1.1.2 and 707.15.1.2.

[707.15.1.1 Test methods. Water quality testing shall be performed in accordance with

the latest addition of APHAStandard Methods for the Examination of Water and Wastewater and in accordance with Sections 707.15.1.1.1 and 707.15.1.1.2.

707.15.1.1.1 Annual tests required. Accumulated rainwater shall be tested prior to

initial use and annually thereafter for Escherichia coli, total coliform, heterotrophic bacteria and cryptosporidium.]

707.15.1.1.2 Quarterly tests required. Accumulated rainwater shall be tested prior

to initial use and quarterly thereafter for pH, filterable solids, residual chlorine if disinfection is used, and turbidity. The pH shall be tested in accordance with ASTM D 5464; filterable solids shall be tested in accordance with ASTM D 5907; residual chloride shall be tested in accordance with ASTM D 1253 and turbidity shall be tested in accordance with ASTM D 6698.

707.15.1.2 Test records. Test records shall be retained for not less than two years.”

29. Paragraph 708.5.1, “Gray Water Systems For Landscape Irrigation,” of

Subsection 708.5, “Installation,” of Section 708, “Gray Water Systems,” of Chapter 7, “Water

Resource Conservation, Quality and Efficiency,” of the 2012 International Green Construction

Code is amended to read as follows:


“708.5.1 Gray water systems for landscape irrigation. Gray water systems used for landscape irrigation purposes shall be limited to subsurface [and surface irrigation] applications. Gray water shall not be retained longer than 24 hours before being used for surface irrigation. Gray water to be used in gray water irrigation shall comply with the provisions of Section 708 with the exception of Sections708.6 and 708.12.6.5. Subsurface gray water systems shall be in accordance with Section 708.14. Gray water shall be filtered by a 0.004-inch (100 micron) or finer filter. The control panel for the gray water irrigation system shall be provided with signage in accordance with Section 706.2.” 30. Subsection 801.2, “Indoor Air Quality Management Plan Required,” of Section

801, “General,” of Chapter 8, “Indoor Environmental Quality and Comfort,” of the 2012


“801.2 Indoor air quality management plan required. An indoor air quality management plan shall be developed and submitted in the template provided by the building official. Such plan shall address the methods and procedures to be used during design and construction to obtain compliance with Sections 802 through 805.” 31. Subsection 803.5, “Filters,” of Section 803, “HVAC Systems,” of Chapter 8,

“Indoor Environmental Quality and Comfort,” of the 2012 International Green Construction


“803.5 Filters.Filters for air-conditioning systems that serve occupied spaces shall be rated at MERV 11 or higher, in accordance with ASHRAE Standard 52.2, and system equipment shall be designed to be compatible. The air-handling system design shall account for pressure drop across the filter. The pressure drop across clean MERV 11 filters shall be not greater than 0.45 in. w.c. at 500 FPM (412 Pa at 2.54 m/s) filter face velocity. Filter performance shall be shown on the filter manufacturer’s data sheet. Exception: Filters for air conditioning systems that serve occupied spaces in multi-family

residential units or light commercial spaces shall be rated at MERV 6 for systems rated at 30,000 BTU’s or less and MERV 8 for systems rated over 30,000 BTU’s, but no greater than 60,000 BTU’s.”

32. Subsection 804.2, “Post-Contribution, Pre-Occupancy Baseline IAQ Testing,” of

Section 804, “Specific Indoor Air Quality and Pollutant Control Measures,” of Chapter 8,

“Indoor Environmental Quality and Comfort,” of the 2012 International Green Construction



“804.2 Post-construction, pre-occupancy baseline IAQ testing. Where this section is indicated to be applicable in Table302.1, and after all interior finishes are installed, the building shall be tested for indoor air quality and the testing results shall indicate that the levels of VOCsdo not exceed a total amount of 500 micrograms per cubic meter[meet the levels detailed in Table 804.2] using testing protocols in accordance with ASTM D 6196, ASTM D 5466, ASTM D 5197, ASTM D 6345, and ISO 7708. Test samples shall be taken in not less than one location in each 25,000 square feet (1860 m2) of floor area or in each contiguous floor area.

Exceptions:

1. Group F, H, S and U occupancies shall not be required to comply with this section.

2. A building shall not be required to be tested where a similarly designed and constructed building as determined by the code official, for the same owner or tenant, has been tested for indoor air quality and the testing results indicate that the level of VOCs meet the levels detailed in Table 804.2.

3. Where the building indoor environment does not meet the concentration limits in Table 804.2 and the tenant does not address the air quality issue by mitigation and retesting, the building shall be flushed-out by supplying continuous ventilation with all air-handling units at their maximum outdoor air rate for at least 14 days while maintaining an internal temperature of at least 60°F (15.6°C), and relative humidity not higher than 60 percent. Occupancy shall be permitted to start 7 days after start of the flush-out, provided that the flush-out continues for the full 14 days.”

33. Table 804.2, “Maximum Concentration of Air Pollutants,” of Chapter 8, “Indoor

Environmental Quality and Comfort,” of the 2012 International Green Construction Code is

deleted.

34. Section 807, “Acoustics,” and Section 808, “Daylighting,” of Chapter 8, “Indoor

Environmental Quality and Comfort,” of the 2012 International Green Construction Code are

deleted.

35. Chapter 9, “Commissioning, Operation and Maintenance”;Chapter 10, “Existing

Buildings”; and Chapter 11, “Existing Building Site Development,” of the 2012 International

Green Construction Code are deleted.


36. The AMCA, APHA, ASABE, DOE, IESNA, SMACNA, TCIA, and TMS

standards in Chapter 12, “Referenced Standards,” of the 2012 International Green Construction

Code are deleted.

37. The ASME standard in Chapter 12, “Referenced Standards,” of the 2012


“ASME American Society of Mechanical Engineers Three Park Avenue New York, NY 10016-5990 Standard Referenced reference in code number Title section number A 112.18.1/ CSA B125.1—2012 Plumbing Supply Fittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Table 702.1[, 702.2]” 38. The ASHRAE standards in Chapter 12, “Referenced Standards,” of the 2012

International Green Construction Code are amended to read as follows:

“ASHRAEAmerican Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. 1791 Tullie Circle Atlanta, GA 30329-2305 Standard Referenced reference in code number Title section number 52.2—2007 Method of Testing General Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .803.1.3, 803.5 55—2004 Thermal Environmental Conditions on Human Occupancy . . . . . . . . . . . .[606.5.1,] 803.2 [62.1—2012 Ventilation for Acceptable Indoor Air Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.3 72—05 Method of Testing Commercial Refrigerators and Freezers . . . . . . . . . . . . . Table 609.2.3 90.1—2010 Energy Standard for Building Except Low-rise Residential Buildings (ANSI/ASHRAE/IESNA 90.1-2007) . . . . . . . . . . . . . . . . . . . . . . . . . . .602.1.2, 602.1.2.1] 189.1—2011 Standard for the Design of High-performance Green Buildings, Except Low-rise Residential Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.3, 301.1.1” 39. The ASTM standards in Chapter 12, “Referenced Standards,” of the 2012


“ASTM ASTM International 100 Barr Harbor West Conshohocken, PA 19428-2959


Standard Referenced reference in code number Title section number C 1371—04a Standard Test Method for Determination of Emittance of Materials Near Room Temperature Using Portable Emissometers . . . . . . . . . . . . . . . . . . . . . . . . 408.3.1.1 C 1549—09 Standard Test Method for Determination of Solar Reflectance Near Ambient Temperature Using a Portable Solar Relfectometer . . . . . . . . . . . . . . . . 408.2.1, 408.3.1.1 D 1253—08 Standard Test Method for Residual Chlorine in Water . . 707.11.6, 707.15.1.1.2, 708.12.5 [D 2974—07a Standard Test Methods for Moisture, Ash, and Organic Matter of Peat and Other Organic Soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405.1.4.2 D 3385—09 Standard Test Method for Infiltration Rate of Soils in Field Using

Double-Ring Infiltrometer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..405.1.4.2] D 3960—05 Standard Practice of Determining Volatile Organic Compound (VOC) Content of Paints & Related Coatings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 806.2, 806.3 D 5055—10 Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 [D 5093—2 (2008) Standard Test Method for Field Measurement of Infiltration Rate Using Double-Ring InfiltrometerWith Sealed-Inner Ring . . . . . . . . . . . . . . . . . . . . . . .405.1.4.2] D 5197—09 Test Method for Determination of Formaldehyde and Other Carbonyl Compounds in Air (Active Sampler Methodology) . . . . . . . . . . . . . . . . . . . . . . . . . . .804.3 D 5456—10 Standard Specification for Evaluation of Structural Composite Lumber Products . . . .202 D 5464—07 Standard Test Method for pH Measurement of water of Low Conductivity . . 707.15.1.1.2 D 5466—01 (2007) Standard Test Method for Determination of Volatile Organic Chemicals in Atmospheres (Canister Sampling Methodology) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804.2 D 5907—10 Standard Test Methods for Filterable Matter (Total Dissolved Solids) and Nonfilterable Matter (Total Suspended Solids) in Water . . . . . . . . . . . . . . . . .707.15.1.1.2 D 6007—02 (2008) Standard Test Method for Determining Formaldehyde Concentration in Air from Wood Products Using a Small-Scale Chamber . . . . . . . . . . . . . . . . . . . . .Table 806.1 D 6196—03 (2009) Standard Practice for Selection of Methods for Active, Integrative Sampling of Volatile Organic Compounds in Air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 804.3 D 6345—10 Standard Guide for Selection of Methods for Active, Integrative Sampling of Volatile Organic Compounds in Air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 804.3 D 6698—07 Standard Test Method for On-Line Measurement of Turbidity Below 5 NTU

in Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .707.15.1.1.2 D 6866—11 Standard Test Methods for Determining the Biobased Content of Solid, Liquid,

and Gaseous Samples Using Radiocarbon Analysis . . . . . . . . . . . . . . . . . . . . . . . . .505.2.4 D 7612—10 Standard Practice in Categorizing Wood and Wood-Based Products according to their Fiber Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 E 90—04 Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements . . . . . . . . . [807.2, 807.3, 807.4.1,] 809.2, 809.3 [E 336—2010 Standard Test Method for Measurement of Airborne Sound Attenuation Between Rooms in Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807.2] E 408—71 (2008) Standard Test Methods for Total Normal Emittance of Surfaces Using Inspection-Meter Techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .408.3.1.1 [E 413—10 Classification for Rating Sound Insulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .807.4.1 E 492—09 Standard Test Method for Laboratory Measurement of Impact Sound Transmission Through Floor-Ceiling Assemblies Using the Tapping Machine . . . . . . . . . . . . . . . 807.4] E 779—10 Standard Test Method for Determining Air Leakage Rate by

Ton Pressurization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .605.1.2.2 E 1332—90 (2003) Standard Classification for the Determination of Outdoor-Indoor Transmission Class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 807.2 E 1333—10 Standard Classification for Determining Formaldehyde Concentration in Air and Emission Rates from Wood Products Using a Large Chamber . . . . . . . . . . . . .Table 806.1 E 1509—04 Standard Specification for RoomHeaters, Pellet Fuel-Burning Type . . . . . . . . . . . 804.1.6 E 1643—10 Standard Practice for Selection, Design, Installation, and Inspection of Water Vapor Retarders Used in Contact with Earth or Granules Fill Under Concrete


Slabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804.2.2, Table 903.1 E 1918—06 Standard Test Method for Measuring Solar Reflectance of Horizontal and

Low-Sloped Surfaces in the Field . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408.2.1, 408.3.1.1 E 1980—11 Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low-Sloped Opaque Surfaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408.3.1.2 E 2399—11 Standard Test Method for Maximum Media Density for Dead Load

Analysis of Vegetative (Green) Roof Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . .408.3.2 E 2635—08 Standard Practice for Water Conservation in Buildings Through In-Situ Water Reclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .709.9 E 2727—10 Standard Practice for Assessment of Rainwater Quality . . . . . . . . . . . . . . . . . . . 707.12.10 [F 1275—03 (2008) Standard Test Method for Performance of Griddles . . . . . . . . . . . . . . . . . . .Table 609.2.3] F 1346—91 (2010) Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs . . . . . . . . 1003.2.5 [F 1361—07 Standard Test Method for Performance of Open Deep Fat Fryers . . . . . . . . .Table 609.2.3 F 1496—99 (2005) e1 Standard Test Method for Performance of Convection Ovens . . . . . . . . . . . .Table609.2.3 F 1484—05 Standard Test Methods for Performance of Steam Cookers . . . . . . . . . . . . . .Table 609.2.3 F 1605—95 (2007) Standard Test Method for Performance of Double-Sided Griddles . . . . . . . .Table 609.2.3 F 1639—05 Standard Test Method for Performance of Combination Ovens . . . . . . . . . . . . . . . .702.17 F 1696—07 Standard Test Method for Energy Performance of Single-Rack, Door-Type Commercial Dishwashing Machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 609.2.3 F 1920—11 Standard Test Method for Performance of Rack Conveyor, Commercial Dishwashing Machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Table 609.2.3 F 2140—11 Standard Test Method for Performance of Hot Food Holding Cabinets . . . . Table 609.2.3 F 2144—09 Standard Test Method for Performance of Large Open Vat Fryers . . . . . . . .Table 609.2.3 F 2861—10 Standard Test Method for Enhanced Performance of Combination Oven in Various Modes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Table 609.2.3]” 40. The ISO standards in Chapter 12, “Referenced Standards,” of the 2012


“ISO International Organization for Standardization ISO Central Secretariat 1 ch, de la Voie-Creuse, Case Postale 56 CH-1211 Geneva 20, Switzerland Standard Referenced reference in code number Title section number 7708-1995 Air quality – Particle Size Fraction Definitions for Health-related Sampling . . . . . . .804.3 13526-1—1998 Water-source Heat Pumps – Testing and Rating for Performance – Part 1: Water-to-air and Brine-to-air Heat Pumps . . . . . . . . . . . . . . . . . . . .Table 606.2.2.1 13256-2—1998 Water-source Heat Pumps – Testing and Rating for Performance – Part 2: Water-to-water and Brine-to-water Heat Pumps . . . . . . . . . . . . . . . Table 606.2.2.1 [14044—2006 Environmental Management – Lifecycle Assessment – Requirements and Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303.1] ISO/IEC 17025—2005 General Requirements for the Competence of Testing and Calibration 2004—11 Laboratories . . . . . . . . . . . . . . 806.2, Table 806.2(2), 806.3, 806.4, 806.5, 806.6, 809.2.4” 41. The NFPA standards in Chapter 12, “Referenced Standards,” of the 2012



“NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269 Standard Referenced reference in code number Title section number [NFPA 70—2011 National Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.4, 610.2.2, 610.3] NFPA 72—2010 National Alarm and Signaling Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .710.6.2” 42. The NSF standards in Chapter 12, “Referenced Standards,” of the 2012


“NSF NSF International 780 Dixboro Road Ann Arbor, MI 48105 Standard Referenced reference in code number Title section number [NSF/ANSI 3—10 Commercial Warehousing Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 609.2.3] NSF/ANSI 44—09 Residential Cation Exchange Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .704.1.2, 704.1.4 NSF/ANSI 50—09 Equipment for Swimming Pools, Spas, Hot Tubs, and other Recreational Water Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 708.12.7.1 NSF/ANSI 58—09 Reverse Osmosis Drinking Water Treatment Systems . . . . . . . . . . . . . . . . . . . . . . . . 704.2 [NSF/ANSI 61—09 Drinking Water Systems Components – Health Effects . . . . . . . . . . . . . . . . . . . . . 707.15] NSF/P151—95 Health Effects from Rain Water Catchment Systems Components . . . . . . . . . . .707.11.1.1 NSF 350—11 Onsite Residential and Commercial Water Reuse Treatment Systems . . . . . . . . . . .704.3” 43. Appendices A, B, C, and D of the 2012 International Green Construction Code

are not adopted.

44. All chapters of the 2012 International Green Construction Code adopted by this

ordinance are subchapter of Chapter 61 of the Dallas City Code, as amended.

45. All references in the 2012 International Green Construction Code to the fire code,

building code, plumbing code, mechanical code, electrical code, residential code, existing

building code, energy conservation code, and fuel gas code refer, respectively, to Chapters 16,

53, 54, 55, 56, 57, 58, 59, and 60 of the Dallas City Code.


SECTION 11.That a person violating a provision of this ordinance, upon conviction, is

punishable by a fine not to exceed $2,000. No offense committed and no liability, penalty, or

forfeiture, either civil or criminal, incurred prior to the effective date of this ordinance will be

discharged or affected by this ordinance. Prosecutions and suits for such offenses, liabilities,

penalties, and forfeitures may be instituted, and causes of action pending on the effective date of

this ordinance may proceed, as if the former laws applicable at the time the offense, liability,

penalty, or forfeiture was committed or incurred had not been amended, repealed, reenacted, or

superseded, and all former laws will continue in effect for these purposes.

SECTION12. That Chapters52, 53, and 57 of the Dallas City Code, as amended, will

remain in full force and effect, save and except as amended by this ordinance. Any existing

structure, system, development project, or registration that is not required to come into

compliance with a requirement of this ordinance will be governed by the requirement as it

existed in the former law last applicable to the structure, system, development project, or

registration, and all former laws will continue in effect for this purpose.

SECTION 13. That the terms and provisions of this ordinance are severable and are

governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

SECTION 14. That this ordinance shall take effect immediately from and after its

passage and publication, in accordance with the Charter of the City of Dallas, and it is

accordingly so ordained.

APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney Passed

COUNCIL CHAMBER

September 26, 2012

WHEREAS, the City of Dallas is committed to staying at the forefront of addressing environmental issues and therefore, since 2003, has implemented a City of Dallas Green Building Program to incorporate sustainable ("green") building design and construction practices to municipal facilities and currently has 21 Leadership in Energy and Environmental Design (LEED) certified city facilities; and,

WHEREAS, the City Council adopted Resolution No. 07-3199 on October 24, 2007, committing to a policy calling for all new buildings constructed in our City to meet "green" standards; and,

WHEREAS, between 2007 and 2008 the City Manager solicited input from a wide variety of building industry representatives and building owners through a Green Building Task Force (GBTF) in developing such a green building policy, program and standards for private development in Dallas; and,

WHEREAS, the GBTF developed recommendations for a citywide green building program and standards for all new private development in Dallas, both residential and commercial and the proposed ordinance was adopted unanimously by the Dallas City Council on April 9, 2008, by Resolution 08-1070, making Dallas one of the first cities in the country to adopt a Green Building Code; and

WHEREAS, the long-term vision for the program is for Dallas to be carbon neutral by 2030 and for it to be the greenest city in the U.S.; and

WHEREAS, the Green Building Ordinance, which went into effect October 1, 2009 and consisted of two phases; the first phase focusing on energy efficiency, water conservation and reduction of the heat island effect through cool roofs, and Phase 2 expanding Phase 1 to implement a comprehensive green building standard for all new construction, has been recognized with the 2008 Building Officials Association of Texas (BOAT) Award of Excellence for extra large jurisdictions and a 2009 North Central Texas Council of Governments CLIDE Award in Public Policy and Planning for its outstanding contribution to the building profession and the community; and,

WHEREAS, on December 9, 2009, Resolution 09-2986 authorized an ordinance amending Chapters 53 and Chapter 57 expanding the water conservation requirements for one and two-family dwellings, and the cool roof requirements for commercial buildings less than 50,000 square feet of floor area to include the installation of vegetated roofs in roofs with slopes of 2:12 or less; and,

WHEREAS, the intent of the Green Building Code is to implement sustainable strategies that enhance the quality of life and promote economic vibrancy in Dallas and the north Texas Region and to ensure the viability of the proposed requirements through continued review and evaluation of the program through the GBTF; and

COUNCIL CHAMBER

September 26, 2012

WHEREAS, the GBTF was reconvened in 2010 to report on the progress of implementation of Phase 1 and to review the local building industry and city’s readiness to implement Phase 2; and

WHEREAS, in 2011, the GBTF recommended modifications to Phase 1, delaying Phase 2 until October 1, 2012 and reconvening the GBTF in 2012 to review the International Green Construction Code with Council adopting an amendment to the Green Building Ordinance to that effect on September 28, 2011, by Resolution 11-2564; and

WHEREAS, the GBTF was again reconvened twice weekly from June 6 through September 11, 2012 to update the recommendations of Phase 2 and the proposed modifications include beginning implementation of Phase 2 on October 1, 2013; and,

WHEREAS, it is now desirable to authorize an ordinance (1) modifying Chapter 52, "Administrative Procedures for the Construction Codes," Chapter 53, "Dallas Building Code," and Chapter 57, "Dallas One and Two Family Dwelling Code," of the Dallas City Code, to amend the effective date and requirements of Phase 2 of the Green Building Program; and (2) adding Chapter 61, “Dallas Green Construction Code” by adopting with certain changes the 2012 Edition of the International Green Construction Code of the International Code Council, Inc. for the regulation of construction work in the City of Dallas.

Now, Therefore,


Section 1. The City Council hereby adopts an ordinance (1) modifying Chapter 52, "Administrative Procedures for the Construction Codes," Chapter 53, "Dallas Building Code," and Chapter 57, "Dallas One and Two Family Dwelling Code," of the Dallas City Code, to amend the effective date and requirements of Phase 2 of the Green Building Program; and (2) adding Chapter 61, “Dallas Green Construction Code” by adopting with certain changes the 2012 Edition of the International Green Construction Code of the International Code Council, Inc. for the regulation of construction work in the City of Dallas.

Section 2. The City Manager is hereby authorized to reconvene the Green Building Task Force in 2015 to provide a report on the progress and continuation of Phase 2 as green building standards and green building codes continue to evolve, including review of any recommendations issued by the Energy and Green Building Advisory Board of the North Central Texas Council of Governments, to make updates and modify Phase 2, if needed.

ADDENDUM ITEM # 8KEY FOCUS AREA: A Cleaner, Healthier City Environment



DEPARTMENT: Office of Public InformationTrinity Watershed ManagementSanitation ServicesWater Utilities

CMO: Jeanne Chipperfield, 670-7804Jill A. Jordan, P.E., 670-5299Forest E. Turner, 670-3390

MAPSCO: N/A________________________________________________________________

SUBJECT

A Memorandum of Understanding between the City of Dallas and the Tarrant Regional Water District to develop and implement a regional awareness campaign to address litter – Not to exceed $1,075,000 – Financing: Stormwater Drainage Management Current Funds ($400,000), Current Funds ($375,000) and Water Utilities Current Funds ($300,000) (subject to annual appropriations)

BACKGROUND

Tarrant Regional Water District (TRWD) and Dallas are seeking to develop a regional anti-litter campaign to highlight the problem and inspire action. The goal is to prevent tons of plastic bottles, paper, styrofoam and other trash and debris from flowing into our creeks and reservoirs annually. The campaign is called “Reverse Litter.” It aims to reverse the litter trail, so that litter winds up in trash cans and recycle bins before it pollutes our waterways. The regional public education effort endeavors to reduce the amount of litter and debris washing into area waterways and ultimately the reservoirs which make up the drinking water supplies for more than six million North Texans.

As water suppliers for nearly 4.5 million people in the Dallas-Fort Worth area and surrounding communities, Dallas and TRWD have a keen interest in protecting and preserving the quality of our waterways. Each year hundreds of tons of trash and debris wind up in creeks and rivers that flow into our reservoirs. The same trash we see accumulated along the Trinity River after a big rain is the same sort of litter washing into our reservoirs, which serve as major sources of drinking water for millions of North Texans. Picking up trash along riverbanks and lake shorelines is a great community project. But a one day cleanup, once or twice a year doesn’t make a dent in the problem. The trash returns with the next rain.



TRWD, Dallas and many of the communities served by Dallas and TRWD, must develop and submit to the Texas Commission on Environmental Quality, a stormwater management program (SWMP) that includes at least six control measures. The Reverse Litter Campaign will address two items on the list: public education and outreach and public involvement and participation.

The launch of the Reverse Litter Campaign is set for October 2012. The goal of the media and outreach elements will be: Awareness building - opening our eyes to the problem of litterCommunity outreach - inform and educate Community engagement - be a part of the solution

The campaign will focus on mass media outlets, such as print, outdoor billboards, radio, and television. The campaign will also include a heavy emphasis on advertising at transition points, such as gas stations, retail areas, and public spaces.

FISCAL INFORMATION

Stormwater Drainage Management Current Funds - $400,000 (subject to annual appropriations)Sanitation Current Funds - $375,000 (subject to annual appropriations)Water Utilities Current Funds - $300,000 (subject to annual appropriations)

COUNCIL CHAMBER

September 26, 2012

WHEREAS, the population of the Dallas-Fort Worth metroplex and surrounding communities is approximately 4.5 million people; and

WHEREAS; each year hundreds of tons of trash and debris wind up in creeks and riversthat flow into our reservoirs.

WHEREAS; Dallas and Tarrant Regional Water District have a keen interest in protecting and preserving the quality of our waterways; and

WHEREAS, Dallas is required to develop and submit to the Texas Commission on Environmental Quality, a storm water management program that includes abatement of litter and floatables as well as comprehensive public education, outreach, public involvement and participation; and

WHEREAS, Dallas is seeking to develop a regional anti-litter campaign to highlight the problem and inspire action.

WHEREAS, Tarrant Regional Water District and Dallas desire to enter into and jointly establish, manage and fund public awareness campaign initiative; and

WHEREAS, the purpose of the Memorandum of Understanding is to provide for the fundamental principles as agreed to between Tarrant Regional Water District and Dallas with regard to their respective rights and responsibilities pertaining to the public awareness campaign initiatives.

Now, Therefore,


Section 1. That the City Manager is hereby authorized to enter into a Memorandum of Understanding with the Tarrant Regional Water District to develop and implement a regional awareness campaign to address litter.

COUNCIL CHAMBER

September 26, 2012

Section 2. That the City Controller be authorized to pay the amount of $1,075,000 as follows:

FUND DEPT UNIT OBJ ENCUMBRANCE VENDOR AMOUNT0100 DWU 7030 3072 DWU7030A1320M 510851 $100,000*0100 DWU 7030 3072 DWU7030A1418M 510851 $100,000*0100 DWU 7030 3072 DWU7030A1506M 510851 $100,000*0001 SAN 3599 3099 12SAN3599L3320 510851 $ 75,000 (current year)0001 SAN 3599 3099 13SAN3599L3320 510851 $100,000*0001 SAN 3599 3099 14SAN3599L3320 510851 $100,000*0001 SAN 3599 3099 15SAN3599L3320 510851 $100,000*0061 SDM 4908 3099 SDM4908BM12 510851 $100,000 (current year)0061 SDM 4908 3099 SDM4908BM13 510851 $100,000*0061 SDM 4908 3099 SDM4908BM14 510851 $100,000*0061 SDM 4908 3099 SDM4908BM15 510851 $100,000*

*Subject to future appropriations




COUNCIL DISTRICT(S): 11

DEPARTMENT: Trinity Watershed ManagementWater UtilitiesPublic Works Department

CMO: Jill A. Jordan, P.E., 670-5299Forest E. Turner, 670-3390

MAPSCO: 16J & 16K________________________________________________________________

SUBJECT

Authorize a construction contract with P & E Contractors, Inc., lowest responsible bidder of five, for the reconstruction of alley paving, drainage, water, and wastewater main improvements for Alley Reconstruction Group 06-2027B (list attached) - Not to exceed $1,225,699 - Financing: 2006 Bond Funds ($810,676), Water Utilities Capital Improvement Funds ($409,423) and Water Utilities Capital Construction Funds ($5,600)

BACKGROUND

Alley Reconstruction Group 06-2027B includes the following alleys funded for reconstruction in the 2006 Bond Program: Alley between Carillon Drive and Peyton Drive (from Peyton Drive to Spring Valley Road), alley between Sprucewood Drive and Peyton Drive (from Meandering Way to Paldao Drive) and alley between Rolling Hills Lane and Spring Grove Avenue (from Carillon Drive to Coit Road).

Design for this project was authorized by City Council on August 12, 2009, by Resolution No. 09-1949. The project consists of replacing the deteriorated concrete and asphalt alleys with a new 10-foot wide reinforced concrete alley and drive approaches. The projects also include storm drainage, water and wastewater main improvements.

This action will authorize the construction contract with P & E Contractors, Inc.



The following chart shows P & E Contractors, Inc., completed contractual activities for the past three years:

PBW WTR PKR

Projects Completed 5 5 0Change Orders 4 1 0Projects Requiring Liquidated Damages 0 0 0Projects Completed by Bonding Company 0 0 0

ESTIMATED SCHEDULE OF PROJECT

Began Design August 2009Completed Design March 2012Begin Construction October 2012Complete Construction June 2013


Authorized a professional services contract for engineering services on August 12, 2009, by Resolution No. 09-1949.

FISCAL INFORMATION

2006 Bond Funds - $810,676.01Water Utilities Capital Improvement Funds - $409,422.50Water Utilities Capital Construction Funds - $5,600.00

Design $ 76,721.60

Construction (this action) Paving & Drainage - (PBW) $ 810,676.01 Water & Wastewater - (DWU) $ 415,022.50

Total Project Cost $ 1,302,420.11

M/WBE INFORMATION

See attached.


ETHNIC COMPOSITION

P & E Contractors, Inc.

Hispanic Female 1 Hispanic Male 31African-American Female 0 African-American Male 9Other Female 0 Other Male 0White Female 0 White Male 1

BID INFORMATION

The following bids with quotes were received and opened on August 16, 2012:

*Denotes successful bidder(s)

BIDDERS BID AMOUNT

* P & E Contractors, Inc., $1,225,698.513939 Platinum WayDallas, Texas 75237

SYB Construction Company $1,369,121.59Jeske Construction Company $1,375,583.51Camino Construction, L.P. $1,853,945.09Texas Standard Construction, Ltd. $2,021,245.18

Original estimate: PBW $ 896,343DWU $ 345,561

Total $1,241,904

OWNER(S)

P & E Contractors, Inc., Peter Anumele, President

MAP

Attached.


PROJECT: Authorize a construction contract with P & E Contractors, Inc., lowest responsible bidder of five, for the reconstruction of alley paving, drainage, water, and wastewater main improvements for Alley Reconstruction Group 06-2027B (list attached) - Not to exceed $1,225,699 - Financing: 2006 Bond Funds ($810,676), Water Utilities Capital Improvement Funds ($409,423) and Water Utilities Capital Construction Funds ($5,600)

P & E Contractors, Inc. is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Construction

_______________________________________________________________


Amount Percent

Total local contracts $1,054,098.51 86.00%Total non-local contracts $171,600.00 14.00%

------------------------ ------------------------

TOTAL CONTRACT $1,225,698.51 100.00%




P & E Contractors, Inc.Ca-nD Underground Utilities, Inc.F & E Utilities ConstructionMagnum Manhole & Underground Company

BMMB50214N0812HMDB50180Y0812HMDB53551Y0513WFDB52505Y0213

$565,098.51$210,000.00

$50,000.00$4,000.00

53.61%19.92%

4.74%0.38%

------------------------ ------------------------



Non-local Certification Amount Percent

Gomez Brothers Construction, Inc.Brock Environmental Services, LLC

HMDB53034Y0313WFWB52521Y0213

$55,000.00$4,800.00

32.05%2.80%

------------------------ ------------------------

Total Minority - Non-local $59,800.00 34.85%



African American $565,098.51 53.61% $565,098.51 46.10%Hispanic American $260,000.00 24.67% $315,000.00 25.70%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $4,000.00 0.38% $8,800.00 0.72%

---------------------- ---------------------- ---------------------- -----------------------

Total $829,098.51 78.65% $888,898.51 72.52%

[Alley Group # 06-2027A)

--- ..;....;;.:..::;.;,.,;",..::;... ,' ex::L.U

o H

[Mapsco 16-J, K}

COUNCIL CHAMBER

September 26, 2012

WHEREAS, on August 12, 2009, Resolution No. 09-1949 authorized a professional services contract with Birkhoff, Hendricks & Carter, L.L.P. for the design of paving and storm drainage improvements in an amount not to exceed $76,721.60; and,

WHEREAS, bids were received on August 16, 2012; for the reconstruction of alley paving, storm drainage, water and wastewater main improvements for Alley Reconstruction Group 06-2027B, as follows:

BIDDERS BID AMOUNT

P & E Contractors, Inc., $1,225,698.51SYB Construction Company $1,369,121.59Jeske Construction Company $1,375,583.51Camino Construction, L.P. $1,853,945.09Texas Standard Construction, Ltd. $2,021,245.18

WHEREAS, the bid received from P & E Contractors, Inc., in the amount of $1,225,698.51 was deemed to be the lowest responsive bid as indicated by the tabulation of bids.

Now, Therefore,


Section 1. That the City Manager is hereby authorized to enter into a contract with P & E Contractors, Inc., for the construction of paving, drainage, water and wastewater improvements for Alley Reconstruction Group 06-2027B in an amount not to exceed $1,225,698.51, this being the lowest responsive bid as indicated by the tabulation of bids.

Section 2. That the City Manager is hereby authorized to execute the contract after it has been approved as to form by the City Attorney.

Section 3. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from:

Street and Transportation Improvements FundFund 1T22, Department PBW, Unit U010, Act. ARECObj. 4510, Program #PB06U010, CT PBW06U010L1Vendor #359050, in an amount not to exceed $ 138,858.50

COUNCIL CHAMBER

September 26, 2012



Wastewater Construction FundFund 0103, Department DWU, Unit CS42, Act. RELPObj. 3222, Program #712212X, REP T2NP, CT DWU712212ENVendor #359050, in an amount not to exceed $ 5,600.00

Wastewater Capital Improvement FundFund 2116, Department DWU, Unit PS42, Act. RELPObj. 4560, Program #712212, REP T2NP, CT DWU712212CPVendor #359050, in an amount not to exceed $ 409,422.50

Total amount not to exceed $1,225,698.51

Section 4. That this resolution shall take effective immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.




DEPARTMENT: City Secretary

CMO: Rosa A. Rios, 670-5654

MAPSCO: N/A________________________________________________________________

SUBJECT

An ordinance amending Ordinance No. 28740 to change certain election day polling and early voting locations for the Tuesday, November 6, 2012, special election, for the purpose of authorizing general obligation bonds by the qualified voters of the City for funding street improvements, flood protection and storm drainage facilities, and economic development programs - Financing: No cost consideration to the City

BACKGROUND

Several election day polling locations listed in Exhibit A and early voting locations listed in Exhibit B of Ordinance No. 28740, which called the special bond election for Tuesday, November 6, 2012, require changes, additions, deletions, and/or replacements. The proposed ordinance would adopt new Exhibits A and B, which contain all of the updated information on the election day polling locations and early voting locations.


On August 15, 2012, the City Council approved Ordinance No. 28740, which ordered a special bond election to be held on November 6, 2012.

FISCAL INFORMATION


1

9/20/12

ORDINANCE NO.

An ordinance amending Ordinance No. 28740, passed by the city council on August 15, 2012; revising

election day polling places and early voting locations and times for the November 6, 2012 bond

election; providing a saving clause; and providing an effective date.


SECTION 1. That Exhibit A of Ordinance No. 28740, passed by the city council on August

15, 2012, is repealed and replaced with the Exhibit A attached to and made a part of this ordinance by

reference, which exhibit designates the election day polling places for the November 6, 2012 bond

election.

SECTION 2. That Exhibit B of Ordinance No. 28740, passed by the city council on August 15,

2012, is repealed and replaced with the Exhibit B attached to and made a part of this ordinance by

reference, which exhibit designates the early voting locations and times for the November 6, 2012

bond election.

SECTION 3. That Ordinance No. 28740 will remain in full force and effect, save and except as

amended by this ordinance.

SECTION 4. That this ordinance will take effect immediately from and after its passage and

publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly

so ordained.

APPROVED AS TO FORM:

THOMAS P. PERKINS, JR., City Attorney

By

Assistant City Attorney

Passed LC/UC/00183U






MAPSCO: N/A________________________________________________________________

SUBJECT

A resolution authorizing: (1) a joint election agreement and election services contract between the City of Dallas, Dallas County, and various other jurisdictions within Dallas County, for the conduct of a joint election to be held on Tuesday, November 6, 2012, in an amount not to exceed $886,000; (2) legal advertising in connection with the Tuesday, November 6, 2012 City Special Election, in an amount not to exceed $150,000; and (3) $5,000 for translation services for publication and posting notices, security services for City Hall during early voting and other miscellaneous expenditures related to the election - Total not to exceed $1,041,000 - Financing: Current Funds

BACKGROUND

Subchapter D of Chapter 31 of the Texas Election Code provides that the City may contract with the county elections administrator for certain election services. Chapter 271 of the Texas Election Code provides that the City may enter into an agreement with other jurisdictions that may be conducting elections on the same day in election precincts that can be served by common polling places. The City of Dallas, Dallas County, and other political jurisdictions in Dallas County will conduct elections on Tuesday, November 6, 2012. This action would authorize the City to hold the election jointly with jurisdictions that share common polling places and contract with the Dallas County Elections Department for election services. The City has been a party to similar joint election agreements for many years.

Historically, the county's post election audit has required that the City of Dallas pay additional funds. The $1,041,000 is expected to help cover these additional costs.




FISCAL INFORMATION

$1,041,000 - Current Funds

COUNCIL CHAMBER

September 26, 2012

WHEREAS, the City Council has ordered a special election to be held on Tuesday, November 6, 2012; and

WHEREAS, Dallas County and other jurisdictions have also ordered elections to be held on Tuesday, November 6, 2012; and

WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, desire to hold the elections jointly, with Dallas County in accordance with Chapter 271 of the Texas Election Code; and

WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, desire to contract with the Dallas County Elections Administrator for election services in accordance with Subchapter D of Chapter 31 of the Texas Election Code; Now, Therefore,


Section 1. That the City Manager is authorized to enter into a joint election agreement and election services contract between the City of Dallas, other jurisdictions holding elections, and Dallas County, for a joint election to be held on Tuesday, November 6, 2012, to be administered by the Dallas County Elections Administrator in accordance with Subchapter D of Chapter 31 and Chapter 271 of the Texas Election Code.

Section 2. That the contract will provide that the Elections Administrator is to perform or to supervise the performance of any or all of the corresponding duties and functions that the Elections Administrator performs in connection with a county-wide election.

Section 3. That the contract will provide that the Elections Administrator may contract with third parties for election services and supplies and pay the claims for those election expenses from funds deposited by the City and the other contracting authorities in an election services contract fund in the county treasury established for this election.

Section 4. That the Elections Administrator will provide the City Secretary with an itemized list of estimated election expenses to be paid from the election services contract fund prior to execution of the contract, and will provide an itemized list of actual election expenses to be paid from the election services contract fund no later than the 120th day after the date of the election.

COUNCIL CHAMBER

September 26, 2012

Section 5. That the City Controller is hereby authorized to pay for advertising in an amount not to exceed $150,000, in Fund 0001, Department SEC, Unit 1190, Object 3320.

Section 6. That the City Controller is hereby authorized to pay for translation, security services and other miscellaneous expenses in an amount not to exceed $5,000, in Fund 0001, Department SEC, Unit 1190, Object 3320.

Section 7. That the City Controller is hereby authorized to pay the Dallas County Treasurer an amount not to exceed $886,000 from Fund 0001, Department SEC, Unit 1190, Object 3070, Enc. No. SEC1190l1712, Vendor 014003 for deposit in the election services contract fund as the City's estimated share of the costs of the Tuesday, November 6, 2012 joint election.







MAPSCO: N/A________________________________________________________________

SUBJECT

A resolution authorizing a joint election agreement and election services contract between the City of Dallas, Collin County, and various other jurisdictions within Collin County, for the conduct of a joint election to be held on Tuesday, November 6, 2012 - Not to exceed $25,000 - Financing: Current Funds

BACKGROUND

Subchapter D of Chapter 31 of the Texas Election Code provides that the City may contract with the county elections administrator for certain election services. Chapter 271 of the Texas Election Code provides that the City may enter into an agreement with other jurisdictions that may be conducting elections on the same day in election precincts that can be served by common polling places. The City of Dallas, Collin County and various other jurisdictions will conduct elections on Tuesday, November 6, 2012. This action would authorize the City to hold the election jointly with jurisdictions that share common polling places and contract with the Collin County Elections Department for election services. The City is contracting with the Collin County Elections Department to handle only those City of Dallas polling locations that are within Collin County. This is necessary because the special logistics required to hold the Tuesday, November 6, 2012 special election makes it unfeasible for the Dallas County Elections Department to provide election services for the City precincts outside of Dallas County.



FISCAL INFORMATION

$25,000 – Current Funds

COUNCIL CHAMBER

September 26, 2012


WHEREAS, Collin County and other jurisdictions have also ordered elections to be held on Tuesday, November 6, 2012; and

WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, desire to hold the elections jointly in accordance with Chapter 271 of the Texas Election Code; and

WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, desire to contract with the Collin County Elections Administrator for election services in accordance with Subchapter D of Chapter 31 of the Texas Election Code; Now, Therefore,


Section 1. That the City Manager is authorized to enter into a joint election agreement and election services contract between the City of Dallas, other jurisdictions holding elections, and Collin County for a joint election to be held on Tuesday, November 6, 2012, to be administered by the Collin County Elections Administrator in accordance with Subchapter D of Chapter 31 and Chapter 271 of the Texas Election Code.




Section 5. That the City Controller is hereby authorized to pay the Collin County Treasurer an amount not to exceed $25,000 from Fund 0001, Department SEC, Unit 1190, Object 3070, Enc. No. SEC1190L1912, Vendor 214184 for deposit in the election services contract fund as the City's estimated share of the costs of the Tuesday, November 6, 2012 special election.

COUNCIL CHAMBER

September 26, 2012







MAPSCO: N/A________________________________________________________________

SUBJECT

A resolution authorizing a joint election agreement and election services contract between the City of Dallas, Denton County, and various other jurisdictions within Denton County, for the conduct of a joint election to be held on Tuesday, November 6, 2012 - Not to exceed $14,000 - Financing: Current Funds

BACKGROUND

Subchapter D of Chapter 31 of the Texas Election Code provides that the City may contract with the county elections administrator for certain election services. Chapter 271 of the Texas Election Code provides that the City may enter into an agreement with other jurisdictions that may be conducting elections on the same day in election precincts that can be served by common polling places. The City of Dallas, Denton County and various other jurisdictions will conduct elections on Tuesday, November 6, 2012. This action would authorize the City to hold the election jointly with jurisdictions that share common polling places and contract with the Denton County Elections Department for election services. The City is contracting with the Denton County Elections Department to handle only those City of Dallas polling locations that are within Denton County. This is necessary because the special logistics required to hold the Tuesday, November 6, 2012 special election makes it unfeasible for the Dallas County Elections Department to provide election services for the City precincts outside of Dallas County.



FISCAL INFORMATION

$14,000 - Current Funds

COUNCIL CHAMBER

September 26, 2012


WHEREAS, Denton County and other jurisdictions have also ordered elections to be held on Tuesday, November 6, 2012; and

WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, desire to hold the elections jointly in accordance with Chapter 271 of the Texas Election Code; and

WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, desire to contract with the Denton County Elections Administrator for election services in accordance with Subchapter D of Chapter 31 of the Texas Election Code; Now, Therefore,


Section 1. That the City Manager is authorized to enter into a joint election agreement and election services contract between the City of Dallas, other jurisdictions holding elections, and Denton County for a joint election to be held on Tuesday, November 6, 2012, to be administered by the Denton County Elections Administrator in accordance with Subchapter D of Chapter 31 and Chapter 271 of the Texas Election Code.




Section 5. That the City Controller is hereby authorized to pay the Denton County Elections Department an amount not to exceed $14,000 from Fund 0001, Department SEC, Unit 1190, Object 3070, Enc. No. SEC1190L1812, Vendor 099660 for deposit in the election services contract fund as the City's estimated share of the costs of the Tuesday, November 6, 2012 special election.

COUNCIL CHAMBER

September 26, 2012







MAPSCO: N/A________________________________________________________________

SUBJECT

A resolution authorizing the appointment of citizens to serve as election judges for the City of Dallas in Dallas County for the Tuesday, November 6, 2012 special election - Financing: No cost consideration to the City

BACKGROUND

The special election agreement and election services contract between the City of Dallas and Dallas County for the conduct of a special election to be held Tuesday, November 6, 2012, provides the Dallas County Elections Administrator is responsible for the selection, training and compensation of all precinct election judges and clerks, early voting clerks, and other appointed election officials. This action would authorize the Elections Administrator to appoint election officials for the Tuesday, November 6, 2012, special election from the list of currently qualified election judges and alternates maintained by Dallas County. The election services contract also provides for a procedure for a participating jurisdiction to ask that a particular person be appointed as election judge or alternate judge in the event the County list suggests a different person, subject to agreement by all jurisdictions holding an election at the polling location.



FISCAL INFORMATION


COUNCIL CHAMBER

September 26, 2012


WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, have contracted with the Dallas County Elections Administrator for election services in accordance with Subchapter D of Chapter 31 of the Texas Election Code; and

WHEREAS, the election services contract provides that the Elections Administrator will arrange for the selection, training and compensation of precinct election judges, subject to the approval of the City and the other contracting authorities; Now, Therefore,


Section 1. That the Dallas County Elections Administrator be notified that the City interposes no objection to the appointment of the individuals named on Attachment A as election judges or alternate election judges for the precincts shown beside their names for the Tuesday, November 6, 2012, special election, insofar as each meets the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, except as noted on Attachment B.

Section 2. That, in accordance with the provisions of the joint election agreement and election services contract, the Dallas County Elections Administrator be notified that the City recommends the appointment of the individuals named on Attachment B as election judges or alternate election judges for the precincts shown beside their names for the Tuesday, November 6, 2012, special election, insofar as each meets the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code.

Section 3. That final selection, appointment, training, and pay of election judges, alternate election judges and election clerks shall be in accordance with the special election agreement and election services contract.

Section 4. That the City Secretary is authorized to approve on behalf of the City of Dallas any changes in the list of recommended election judges which may become necessary because of the inability or refusal to serve of any of the persons named in Attachment A or Attachment B.







MAPSCO: N/A________________________________________________________________

SUBJECT

A resolution authorizing the appointment of citizens to serve as election judges for the City of Dallas in Collin County for the Tuesday, November 6, 2012 special election - Financing: No cost consideration to the City

BACKGROUND

The special election agreement and election services contract between the City of Dallas, Collin County and other jurisdictions in Collin County for the conduct of a special election to be held Tuesday, November 6, 2012, provides the Collin County Elections Administrator is responsible for the selection, training and compensation of all precinct election judges and clerks, early voting clerks, and other appointed election officials. This action would authorize the Elections Administrator to appoint election officials for the Tuesday, November 6, 2012, special election from the list of currently qualified election judges and alternates maintained by Collin County. The election services contract also provides for a procedure for a participating jurisdiction to ask that a particular person be appointed as election judge or alternate judge in the event the County list suggests a different person, subject to agreement by all jurisdictions holding an election at the polling location.



FISCAL INFORMATION


COUNCIL CHAMBER

September 26, 2012


WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, have contracted with the Collin County Elections Administrator for election services in accordance with Subchapter D of Chapter 31 of the Texas Election Code; and

WHEREAS, the election services contract provides that the Elections Administrator will arrange for the selection, training and compensation of precinct election judges, subject to the approval of the City; Now, Therefore,


Section 1. That the Collin County Elections Administrator be notified that the City interposes no objection to the appointment of the individuals named on Attachment A as election judges or alternate election judges for the precincts shown beside their names for the Tuesday, November 6, 2012, special election, insofar as each meets the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, except as noted on Attachment B.

Section 2. That, in accordance with the provisions of the joint election agreement and election services contract, the Collin County Elections Administrator be notified that the City recommends the appointment of the individuals named on Attachment B as election judges or alternate election judges for the precincts shown beside their names for the Tuesday, November 6, 2012, special election, insofar as each meets the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code.









MAPSCO: N/A________________________________________________________________

SUBJECT

A resolution authorizing the appointment of citizens to serve as election judges for the City of Dallas in Denton County for the Tuesday, November 6, 2012 special election - Financing: No cost consideration to the City

BACKGROUND

The special election agreement and election services contract between the City of Dallas, Denton County and other jurisdictions in Denton County for the conduct of a special election to be held Tuesday, November 6, 2012, provides the Denton County Elections Administrator is responsible for the selection, training and compensation of all precinct election judges and clerks, early voting clerks, and other appointed election officials. This action would authorize the Elections Administrator to appoint election officials for the Tuesday, November 6, 2012 special election from the list of currently qualified election judges and alternates maintained by Denton County. The election services contract also provides for a procedure for a participating jurisdiction to ask that a particular person be appointed as election judge or alternate judge in the event the County list suggests a different person, subject to agreement by all jurisdictions holding an election at the polling location.



FISCAL INFORMATION


COUNCIL CHAMBER

September 26, 2012


WHEREAS, the City of Dallas and other jurisdictions holding elections on Tuesday, November 6, 2012, have contracted with the Denton County Elections Administrator for election services in accordance with Subchapter D of Chapter 31 of the Texas Election Code; and

WHEREAS, the election services contract provides that the Elections Administrator will arrange for the selection, training and compensation of precinct election judges, subject to the approval of the City; Now, Therefore,


Section 1. That the Denton County Elections Administrator be notified that the City interposes no objection to the appointment of the individuals named on Attachment A as election judges or alternate election judges for the precincts shown beside their names for the Tuesday, November 6, 2012, special election, insofar as each meets the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, except as noted on Attachment B.

Section 2. That, in accordance with the provisions of the joint election agreement and election services contract, the Denton County Elections Administrator be notified that the City recommends the appointment of the individuals named on Attachment B as election judges or alternate election judges for the precincts shown beside their names for the Tuesday, November 6, 2012, special election, insofar as each meets the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code.



Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the charter of the City of Dallas, and it is accordingly so resolved.






MAPSCO: N/A________________________________________________________________

SUBJECT

A resolution authorizing the Mayor to appoint an Ad Hoc City Council canvassing committee to review the returns of the November 6, 2012 special election, and submit a canvass report to the full City Council on Wednesday, November 14, 2012 - Financing: No cost consideration to the City

BACKGROUND

Chapter IV, §9, of the City Charter provides the City Council shall canvass and certify the results of a city election in accordance with the provisions of the Texas Election Code. Section 67.003(a) of the Texas Election Code provides the canvass must occur “not earlier than the eighth day or later than the eleventh day after election day.” For the November 6, 2012 election, the canvass could be held any time between Wednesday, November 14, and Monday, November 19, 2012. This action authorizes the Mayor to appoint an ad hoc canvassing committee to meet, review and accept the returns of the November 6, 2012 special election. The approved canvass report is to be submitted to the full City Council at a special called agenda meeting on Wednesday, November 14, 2012.



FISCAL INFORMATION


COUNCIL CHAMBER

September 26, 2012


WHEREAS, the Texas Election Code provides that the canvass must occur "not earlier than the eighth day or later than the eleventh day after election day;" Now, Therefore,


Section 1. That the canvass of the City of Dallas special election held on Tuesday, November 6, 2012, be set for not earlier than 9:00 a.m. Wednesday, November 14, 2012.

Section 2. That the Mayor shall appoint three members of the City Council to an Ad Hoc canvassing committee to meet prior to the time set for the canvass to examine the precinct election returns and prepare a report of the results of the election for presentation to the full City Council.


REVISED AGENDA ITEM # 12KEY FOCUS AREA: Economic Vibrancy



DEPARTMENT: Office of Economic Development

CMO: Ryan S. Evans, 670-3314

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize a First Amendment to the City of Dallas Regional Center (CDRC) Management Contract between the City and Civitas Capital Management, LLC, a Texas limited liability company, previously approved on June 24, 2009, by Resolution No. 09-1689, which authorized the management of the EB-5 Program - Financing: No cost consideration to the City

BACKGROUND

Program Overview

The Immigration Act of 1990 created an Employment-Based visa program (EB-5) that allocates 10,000 visas annually for foreign nationals who invest $1 million ($500k in Targeted Employment Areas) and form a new enterprise that creates 10 full time jobs for U.S. workers. These investors are granted two year conditional green cards that convert to permanent status when investment and job creation criteria are met. In 1993, Congress modified the EB-5 program to include a pilot program for Designated Regional Centers (DRC).

The DRC program has the same investment requirements and same green card benefits; however, it permits employment creation either through jobs generated directly by the enterprise or indirectly through investments in the funds managed by the DCR.

The pilot program permits private organizations, non-profit, and governmental agencies to be certified as DRCs, if they meet certain regulatory criteria. A DRC must administer, oversee and manage the Regional Center operations as well as monitor “all investment activities” under the Center’s sponsorship. It must also maintain records, data, and information on a quarterly basis in order to report to the United States Citizenship and Immigration Services (USCIS) upon request.



In November 2008 Council authorized submission of an application to the USCIS for the City to gain designation as an EB-5 DRC (Resolution No. 08-3045). The USCIS officially designated the City of Dallas Regional Center (CDRC) with DRC status in September 2009. In June 2009, City Council authorized a ten-year contract with Civitas Capital Management (Civitas) to outsource the management of the CDRC to a private equity firm for the purpose of investing in projects that align with the City of Dallas development priorities (Resolution No. 09-1689).

The DRC market has grown increasingly competitive in the past four years. When the City initially applied for its formal designation, there were approximately 20 approved DRCs with fewer than 1,500 investors approved annually. Now there are more than 225 DRCs and 3,000+ investors approved annually. Since its inception, the City of Dallas Regional Center has committed to seven projects totaling $120 million, which will create a minimum of 2,400 new jobs. Additionally the CDRC currently has an active project pipeline which exceeds $200 million.

Civitas has requested certain contract amendments. These modifications require City Council approval. The modifications accomplish the following:

Clarify reporting requirements to protect Civitas’ proprietary information consistent with guidance from the State’s Attorney General’s Office.Clarify that the Targeted Employment Area (TEA) map which defines the City’s TEAs will be regularly updated.Extend the initial term of the contract to August 10, 2024 (a five year extension) and authorize five year renewal periods after that date.Reaffirm Civitas’ exclusive relationship with the CDRC within Dallas' geographic boundaries, but acknowledge Civitas' right to manage regional centers in other geographic locations.


On October 20, 2008, the Economic Development Committee was briefed on the proposed EB-5 Designation Regional Center application and issuance of an RFP to select a CDRC fund manager.

On November 10, 2008, the City Council authorized the Office of Economic Development to (1) submit an application to the United States Citizenship and Immigration Service (USCIS) to gain designation as an EB-5 Regional Center; and (2) prepare and issue a Request for Proposal to select an investment fund team to manage and operate the EB-5 program by Resolution No. 08-3045.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued)

On April 20, 2009, the Economic Development Committee was briefed and gave a favorable recommendation on the EB-5 Regional Center Fund Manager selection.

On June 24, 2009, the City Council authorized a contract for management of the EB-5 Program City of Dallas Regional Center with Civitas Capital Management by Resolution No. 09-1689.

On September 8, 2009, USCIS designated the CDRC as an EB-5 Regional Center.

On September 17, 2012, a memo was submitted to the Economic Development Committee regarding a proposed First amendment to the CDRC Management Contract.

FISCAL INFORMATION


COUNCIL CHAMBER

September 26, 2012

WHEREAS, in 1990, the US Congress passed The Immigration Act of 1990 to create an Employment-Based visa program (EB-5) that allocates 10,000 visas annually for foreign nationals who invest $1 million ($500k in Targeted Employment Areas) and form a new enterprise that creates 10 full time jobs for U.S. workers; and

WHEREAS, in 1993, Congress modified the EB-5 program to include a pilot program for Designated Regional Centers (DRCs) which permits employment creation either through jobs generated directly by the enterprise or indirectly through investments in the funds managed by the DRC; and

WHEREAS, on November 10 2008, the City Council authorized the submission of an application to the United States Citizenship and Immigration Services for the City to gain designation as an EB-5 Regional Center by Resolution No. 08-3045 and this application was granted in October 2009; and

WHEREAS, in June 2009, the City Council authorized a ten-year contract with Civitas Capital Management (Civitas) to outsource the management of the DRC to a private equity firm that will invest in projects that align with the City of Dallas development priorities by Resolution No. 09-1689; and

WHEREAS, on June 24, 2009, the City and Civitas entered into the CDRC Management Contract; and

WHEREAS, on September 8, 2009, the USCIS designated the City’s CDRC as an EB-5 Regional Center; and

WHEREAS, Civitas has requested certain modifications to the Management Contract to extend its term to clarify the Targeted Employment Area map, clarify reporting requirements and reaffirm Civitas’ exclusive relationship with the City of Dallas while permitting Civitas to manage other regional centers and these modifications require Council approval.

NOW THEREFORE;


Section 1 That the City Manager, upon approval as to form by the City Attorney, is hereby authorized to enter into the first Supplemental Contact Amendment to the Management Contract with Civitas Capital Management providing for the modifications described above, and execute any and all related documents required by the Management Contract, as so modified.

COUNCIL CHAMBER

September 26, 2012

Section 2 That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEMS # 74,75KEY FOCUS AREA: Economic Vibrancy


COUNCIL DISTRICT(S): 12 14

DEPARTMENT: Office of Economic Development

CMO: Ryan S. Evans, 670-3314

MAPSCO: 35 Q R U and 38 V________________________________________________________________

SUBJECT

Knox Street Public Improvement District

* A public hearing to receive comments regarding the annual assessment rate for the Knox Street Public Improvement District (District), in accordance with Chapter 372 of the Texas Local Government Code, (the Act) for the District for the purpose of providing supplemental services, to be funded by assessments on real property and real property improvements in the District – Financing: No cost consideration to the City

* An ordinance establishing classifications for the apportionment of costs and the methods of assessing special benefits for the services and improvements to property in the District; approving and adopting the 2012 assessment roll on file with the City Secretary; closing the hearing and levying assessments for the cost of certain services and improvements to be provided in the District during 2013; fixing charges and liens against the property in the District and against the owners thereof; providing for the collection of the assessment; and providing an effective date – Financing: No cost consideration to the City

BACKGROUND

City Council authorizes the Service Plan for each Public Improvement District (PID) annually and subsequently calls and holds a public hearing to set the annual assessment rate for property in the PID.

The Knox Street Improvement District Corporation provided City staff with the proposed District Service Plan for 2013 and the proposed Assessment Plan for 2012 for review and staff found the services and improvements to be advisable and recommended approval.

tonya.turner

Cross-Out

tonya.turner

Underline

Agenda Date 09/26/2012 -page 2


On September 12, 2012, the City Council authorized the Service Plan and called for a public hearing to be held September 26, 2012, to hear comments regarding the 2012 Annual Assessment rate for the Knox Street Public Improvement District. On September 26, 2012, a public hearing will be conducted and closed with due consideration.

The public improvement district Service Plan is outlined in the following way:

(a) Nature of the Services and Improvements. The nature of the services and improvements to be performed by the District is to enhance security and public safety within the District, lighting, sidewalk and streetscape, operation and maintenance of public improvements, landscaping improvements including plantings, hardscape, District marketing and promotion and related services and improvements that are authorized by the Act and approved by the Dallas City Council.

(b) Estimated Cost of the Services. The total estimated cost of services and improvements provided by the District for the next five year period is approximately nine hundred sixty thousand, four hundred fifty-three dollars ($960,453). The average annual cost of services for the District is approximately one hundred ninety-two thousand, ninety-one dollars ($192,091). The District shall incur no bonded indebtedness.

(c) Boundaries. The District is located wholly within the City of Dallas, Texas. The boundaries of the District are shown on the Map of the District.

(d) Method of Assessment. The proposed method of assessment, which may specify included or excluded classes of assessable property, is based on the value of the real property and real property improvements, as determined by the Dallas Central Appraisal District. The proposed 2012 annual assessment rate in the District is $0.15 per $100.00 of appraised value by the Dallas Central Appraisal District. The assessment rate is requested to provide the necessary revenue for the annual activities of the District; and the costs of the District shall be apportioned on the basis of special benefits accruing to the property because of the services and improvements. The final assessment rate for 2012 will be established by City Council after the close of an assessment rate public hearing on September 26, 2012. The annual assessment rate, during the seven-year life of the PID, however, shall not exceed $0.15 per $100.00 of valuation.

Agenda Date 09/26/2012 -page 3


(e) Apportionment of Cost Between District and Municipality as a Whole. The District shall pay the costs of the services and improvements by special assessment against the real property and real property improvements. The City of Dallas is not responsible for payment of assessments against exempt City property in the District, which is specifically benefited. City rights-of-way, city parks, and other tax-exempt property in the District are not subject to assessment. Payment of assessments by other exempt jurisdictions and entities must be established by contract.


On June 23, 2010, the City Council authorized the creation of the Knox Street Public Improvement District for a period of seven-years and designated the Knox Street Improvement District Corporation as the management entity for the District by Resolution No. 10-1670.

On September 28, 2011, the City Council authorized the assessment rate for 2011 by Ordinance No. 28412.

On August 20, 2012, the Economic Development Committee was briefed on the Assessment Rate for 2012 and Service Plan for 2013 for nine out of ten City's Public Improvement Districts. The Tourism Public Improvement District operates on a different fiscal year and was briefed on May 7, 2012.

On September 12, 2012, the City Council authorized the Knox Street PID Service Plan for 2013 and authorized a public hearing to be held on September 28, 2012, to receive comments regarding the 2012 assessment rate.

FISCAL INFORMATION


MAP

Attached.

Research & Information Division214.670.1685dallas-ecodev.org

DALLASECONOMICDEVELOPMENT

Source: Rail Lines - DART, 2009; Parcel Data - DCAD, 2009; All Other Data - City of Dallas, 2010

Legend

BUENA V

ISTA

TRAVIS

COLE

MCKINNEY

ARMSTRONG

KNOX

INSURANCE

CENTRAL £¤75

ABBO

TT

LEXINGTON HESTER

0 0.04 0.080.02

Miles²


Created 6.24.10, Last Updated 8.31.11 - PID_KnoxStreet.TCG

City ofDallas

Knox StreetPID

Knox Street PID

DART Red Line

DART Blue Line

DART Orange Line

Freeway or Tollway

Arterial

Local Road

City of Dallas

Disclaimer: This product is for informational purposes andmay not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not representan on-the-ground survey and represents only the approximaterelative location of property boundaries.

ORDINANCE NO.______________

AN ORDINANCE ESTABLISHING CLASSIFICATIONS FOR THE APPORTIONMENT OF COSTS AND THE METHODS OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND IMPROVEMENTS TO PROPERTY IN THE KNOX STREET PUBLIC IMPROVEMENT DISTRICT (DISTRICT); APPROVING AND ADOPTING THE 2012 ASSESSMENT ROLL ON FILE WITH THE CITY SECRETARY; CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND IMPROVEMENTS TO BE PROVIDED IN THE KNOX STREET PUBLIC IMPROVEMENT DISTRICT DURING 2013; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Chapter 372 of the Texas Local Government Code (the “Act”) allows for the creation of public improvement districts; and

WHEREAS, on June 23, 2010, the City Council held and closed a public hearing and authorized the creation of the Knox Street Pubic Improvement District (the "District"), as shown on the attached Map of the District and designated Knox Street Improvement District Corporation, as the management entity of the District by Resolution No. 10-1670; and

WHEREAS, on September 28, 2011, the City Council authorized the assessment rate for 2011 by Ordinance No. 28412; and

WHEREAS, on September 12, 2012, the City Council authorized the Knox Street PID Service Plan for 2013 and authorized a public hearing to be held on September 26, 2012, to receive comments on the proposed 2012 Assessment Rate; and

WHEREAS, the Knox Street Public Improvement District Corporation presented City staff with the proposed District Service Plan for 2013, attached hereto as Exhibits A and B, and the proposed Assessment Rate for 2012 for the purpose of apportioning the cost of services and improvements to be assessed against the property in the District; and

WHEREAS, the City desired by the calling and holding of such public hearing to provide a reasonable opportunity for owners of property located in the District to speak for or against the assessment against real property and real property improvements exclusive of public rights-of-way, and to continue funding for the District for the purpose of providing supplemental services and improvements; and

WHEREAS, the City Council desires to authorize and adopt the Assessment Roll that was filed with the City Secretary and subject to public inspection in the City's official records prior to the public hearing; and

WHEREAS, the City Council finds that the Service Plan and Assessment Plan are feasible and sound and will serve the needs and desires of the property owners and that the assessment rate of $0.15 per $100.00 of appraised value, as determined by the Dallas Central Appraisal District, of the property or improvements to the property located in the District; are reasonable and adequate.

NOW, THEREFORE,


SECTION 1. That the City Council in accordance with the Assessment Plan shall apportion the costs of the services and improvements to be assessed against property in the District on the basis of special benefits accruing to the property. The proposed method of assessment, which specifies included or excluded classes of assessable property, is based on the value of the real property and real property improvements as determined by the Dallas Central Appraisal District. Public rights-of-way, City of Dallas property and other tax-exempt properties are exempt from assessment. The assessment rate billed in 2012 is $0.15 per $100 of valuation.

SECTION 2. That the recitals and findings listed above are true and correct and that the action of the City Council closing the public hearing in these proceedings is hereby ratified and confirmed.

SECTION 3. That the City Council hereby authorizes and adopts the Assessment Roll filed with the City Secretary apportioning the total cost of the services and improvements to be assessed against property in the District for fiscal year ending December 31, 2012, of approximately $180,250. The Assessment Roll states the assessment against each parcel of land in the District and is subject to public inspection in the City's official records.

SECTION 4. That notice of the City Council's intention to consider the proposed assessments at a public hearing on September 26, 2012 at 1:00 p.m. in the City Council Chamber, 1500 Marilla Street, Dallas, Texas was published in the official newspaper of the City of Dallas, Texas before the 10th day before the date of the hearing. The notice stated: (1) the date, time and place of the hearing; (2) the general nature of the services and improvements; (3) the cost of the services and improvements; (4) the boundaries of the District; and (5) that written or oral objections will be considered at the hearing.

SECTION 5. That Dallas City staff mailed to the owners of property liable for assessment notice of the hearing as the ownership appears on the City tax roll. The notice contained the information required by the Act. The notice was mailed before the 10th day before the date of the hearing to the last known address of the property owner on the City tax roll. The failure of the property owner to receive notice does not invalidate the proceeding.

SECTION 6. That the City Council finds that the assessments should be made and levied against the respective parcels of property within the District and against the owners thereof, and are substantially in proportion to the benefits to the respective parcels of property by means of the services and improvements in the District for which such assessments are levied, and further finds that in each case the property assessed is specially benefited by means of the said services and improvements in the District, and further finds that the apportionment of costs of the services and improvements is in accordance with the law in force in this City and the State and in the proceedings of the City heretofore had with reference to the formation of the District and the imposition of assessments for said services and improvements are in all respects valid and regular.

SECTION 7. That there shall be and is hereby levied and assessed against the parcels of property within the District, and against the real and true owners thereof (whether such owners be correctly named or not), the sums of money as listed in the Assessment Roll on file with the City Secretary and subject to inspection, and the several amounts assessed against the same, and the owners thereof.

SECTION 8. That the several sums above mentioned and assessed against the said parcels of property and the owners thereof, and interest thereon at the rate of eight percent (8%) per annum, provided, however, that such interest rate shall not exceed the maximum amount allowed by law, together with reasonable fees and the costs of collection, if incurred, are hereby declared to be and are made a first and prior lien against the property assessed, superior to all other liens and claims except liens and claims for state, county, school district and municipality ad valorem taxes and is a personal liability of and charge against the owners of the property regardless of whether the owners are named. The lien is effective from the date of this ordinance until the assessment is paid and may be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the governing body.

SECTION 9. That the assessments levied herein shall be due and payable in full on or before January 31, 2013. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof, including, costs and fees, shall be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the governing body. The owner of the assessed property may pay at any time the entire assessment, with interest that has accrued on the assessment, on any lot or parcel.

SECTION 10. That all assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named.

SECTION 11. That the assessments herein levied are made and levied under and by virtue of the terms, powers and provisions of the Public Improvement District Assessment Act, Chapter 372 of the Texas Local Government Code, as amended.

SECTION 12. That this ordinance shall take effect immediately from and after itspassage in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so ordained.

APPROVED AS TO FORM

THOMAS P. PERKINS, JRCity Attorney

BY:~~Assistant City Attorney

Passed and correctly enrolled, _

Exhibit A

INCOMENet Assessment Revenue (1) $180,901.85 $186,349.00 $191,918.87 $197,676.44 $203,606.73

TOTAL INCOME $180,901.85 $186,349.00 $191,918.87 $197,676.44 $203,606.73

EXPENDITURESCapital Improvements $125,000.00 $110,000.00 $110,000.00 $110,000.00 $110,000.00

(Landscaping, gateway markers, streetscape, lighting)

Marketing & Promotiion $47,902.00 $68,349.00 $73,919.00 $79,676.00 $85,607.00(Website, marketing, special events)

Insurance & Audit $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00

TOTAL EXPENDITURES $180,902.00 $186,349.00 $191,919.00 $197,676.00 $203,607.00

**All budget values and items are preliminary and subject to revision prior to, concurrently with, or subsequent to submission to the City of Dallas and/or public hearings on the creation of the District and/or the imposition of District assessments for any given year.

(1) Assessments are proposed to be set at the maximum rate of $0.15 per $100 of taxable value until increases in taxable value through real property improvements and appreciation permit District expenditures to be met at a lower assessment rate. The Net Assessment Revenue growth of 3% per annum is merely a general assumption and could fluctuate.

Knox Street Public Improvement DistrictService Plan 2013-2017

2013 2014 2015 2016 2017

EXHIBIT B KNOX STREET PUBLIC IMPROVEMENT DISTRICT

ASSESSMENT PLAN 2012

The cost of the services and improvements provided by the Knox Street Public Improvement District will be paid primarily by assessments against real properties within the Knox Street Public Improvement District boundaries. Annual assessments will be based on the value of real property and improvements as certified by the Dallas Central Appraisal District. The cost of improvements and services in the district will be assessed by application of a single rate applied to all non-exempt property on the combined value of the real property and real property improvements as determined by the Dallas Central Appraisal District. The assessment rate for 2012 is proposed to be set at $0.15 per $100.00 of appraised value. The annual assessment rate, during the seven-year life of the District, will not exceed $0.15 per $100.00 of appraised value as determined by the Dallas Central Appraisal District. The District shall pay the costs of the services and improvements by special assessment against the real property and real property improvements. The City of Dallas is not responsible for payment of assessments against exempt City property in the District, which is specifically benefited. City rights-of-way, city parks, and other tax-exempt property in the District are not subject to assessment. Payment of assessments by other exempt jurisdictions and entities must be established by contract. The Knox Street PID assessments will be collected by the Dallas County Tax Office in accordance with the contract with the City of Dallas and in accordance with the management contract between the City of Dallas and the Knox Street Improvement District Corporation.

Research & Information Division214.670.1685dallas-ecodev.org

DALLASECONOMICDEVELOPMENT

Source: Rail Lines - DART, 2009; Parcel Data - DCAD, 2009; All Other Data - City of Dallas, 2010

Legend

BUENA V

ISTA

TRAVIS

COLE

MCKINNEY

ARMSTRONG

KNOX

INSURANCE

CENTRAL £¤75

ABBO

TT

LEXINGTON HESTER

0 0.04 0.080.02

Miles²


Created 6.24.10, Last Updated 8.31.11 - PID_KnoxStreet.TCG

City ofDallas

Knox StreetPID

Knox Street PID

DART Red Line

DART Blue Line

DART Orange Line

Freeway or Tollway

Arterial

Local Road

City of Dallas

Disclaimer: This product is for informational purposes andmay not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not representan on-the-ground survey and represents only the approximaterelative location of property boundaries.

september 26, 2012 city council addendum ... - dallas · chapter 53, "dallas building...

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