Buckley Oil v City of Dallas

Cause No. CC-12-03665-C

BUCKLEY OIL COMPANY, IN THE COUNTY COURT

Plaintiff,

v .

CITY OF DALLAS, TEXAS, LARRY HOLMES IN HIS OFFICIAL CAPACITY AS THE CITY'S ACTING BUILDING OFFICIAL, DEBRA CARLIN IN HER OFFICIAL CAPACITY AS ASSISTANT CHIEF/FIRE MARSHAL, AND ZONING BOARD OF ADJUSTMENT OF THE CITY OF DALLAS

Defendants.

AT LAW NO. 3

OF DALLAS COUNTY, TEXAS

PLAINTIFF'S SECOND AMENDED PETITION AND APPLICATION FOR WRIT OF CERTIORARI

Plaintiff Buckley Oil Company files this Second Amended Petition and Application for

Writ of Certiorari complaining of Defendants, and for cause of action would respectfully show

the Court the following:

I. PARTIES

1. Plaintiff Buckley Oil Company ("Buckley") is a Texas corporation.

2. Defendant City of Dallas ("City") is a home rule municipal corporation duly

organized and existing under the laws of the State of Texas. Defendant City has been served and

appeared. Defendant Larry Holmes ("Holmes") replaces former building official Lloyd Denman

who has been served and appeared. 1 Defendant Debra Carlin ("Carlin") has been served and

appeared. Zoning Board of Adjustment of the City of Dallas has been served.

The City has requested that the caption be revised to reflect Larry Holmes as the current building official.

PLAINTIFF'S SECOND AMENDED PETITION AND APPLICATION FOR WRIT OF CERTIORARI — Page 1

II. JURISDICTION AND VENUE

3. This Court has subject matter jurisdiction in this case because this case is a

request for declaratory relief, injunctive relief and certiorari.

4. Venue is proper in Dallas County because the cause of action involves land

located in Dallas County.

III. DISCOVERY PLAN

5. Discovery in this case is intended to be conducted under Level 2 of Rule 190 of

the Texas Rules of Civil Procedure.

IV. FACTS

6. Buckley owns land in the City of Dallas ("City") at the addresses of 1803, 1809

and 1811 Rock Island Road ("Property"). The Property is located in Cedars West adjacent to the

"Able" Storm Sump near the Trinity River. All of the uses in the vicinity are industrial in nature

and have been located in this area for decades. A portion of the Property has been used for

petroleum tank storage for over fifty-five (55) years. Upon information and belief, the City is

trying to put Buckley out of business for political and private economic development reasons.

7. Buckley is one of the oldest and best run companies in Dallas and was founded in

1922. In 2002, the Dallas Historical Society "saluted" Buckley as a cornerstone company

established in 1922 or before. Other companies saluted along with Buckley included TXU

Electric, Nicholson-Hardie Nursery, Coca-Cola Bottling Company of North Texas, Baylor

Health Care System, Neiman Marcus and several Dallas law firms. Recognizing Buckley's

excellent reputation, Dallas Mayor Tom Leppert invited Buckley's representative to a dinner

honoring select Dallas small businesses in April 2010.


8. Buckley relocated to 1809 Rock Island Street in Dallas in 1957. The Property had

been platted several years before and zoned for industrial uses. Portions of Buckley's property

had been used for industrial uses prior to Buckley's purchase. Acknowledging the difficulty of

locating building permits more than 50 years old, at least some permits for tank installation were

approved at that time. Some of the permit documentation discusses the installation of twelve

11,750 gallon and nine 6,000 gallon tanks. Other documentation references the installation of

numerous 4,000 gallon and 7,500 gallon tanks. The City did not require building permits or

certificates of occupancy for tanks containing lube oils and/or inflammable liquids.

Nevertheless, it is clear that many more than 21 tanks were installed following the 1957 permit

approval.

9. Regardless, after 1957, City employees routinely inspected the Property and

storage tanks and never questioned the validity of Buckley's permits. Because all of the storage

tanks are above-ground and in plain sight, there has never been a question as to the number of

tanks and their locations on the Property. Buckley closely cooperated with the City and always

addressed City concerns in a timely, courteous manner. When asked to comply with newly

enacted City ordinances, Buckley complied with those reasonable ordinances that were

economically feasible. Until recently, City Fire Department and other employees who closely

inspected this facility on a recurring basis never raised the issue of Buckley failing to have a

permit or being in serious violation of the Fire Code. Buckley has never received a citation or

paid a fine to the City of Dallas. In fact, the City of Dallas has expressly grandfathered Buckley

from some city ordinances due to the age of the facility. Buckley's business project commenced

on, or before, 1957.


10. Through their regular inspection of the Property, the City has validated and

approved the number and location of these tanks pursuant to the approved permits. In 1990, the

Dallas Fire Department performed one of its many inspections of Buckley's facilities. Attached

as Exhibit "A" is a true and correct copy of page 3 of the inspection report requiring that

emergency relief vents ("ERVs") be installed on all tanks with flammable and combustible liquid

storage. The City Fire Department approved the installation of ERVs on 49 of these tanks as

shown on the correspondence attached hereto as Exhibit "B".

11. In addition to almost annual inspections by the Dallas Fire Department and City

of Dallas Industrial Inspection Division, Buckley receives regular inspections and/or obtains

permits, registrations or reports to the following agencies: Environmental Protection Agency,

Transportation Security Administration, Texas Commission on Environmental Quality, U.S.

Department of Transportation (Pipeline and Hazardous Materials Safety Administration),

National Association of Chemical Distributors, Federal Motor Carrier Safety Administration and

Texas Department of Motor Vehicles (Commercial Vehicle Division). Buckley has always

responded quickly and in good faith to all issues or concerns raised by the City of Dallas and all

of the other numerous state and federal agencies with jurisdiction over Buckley's operations. At

no point in time prior to the recent harassment by the City has any agency or governmental

employee alleged that Buckley's operations on the Property present an imminent danger or did

not meet fire code requirements.

12. Buckley Oil did not acquire ownership of 1803 Rock Island until 1993. During

the 1990's, the City's Fire Department continued its regular inspections. In 2001 Buckley

legally expanded the tank farm onto 1803 Rock Island and received permits from the City for

this work.


13. The building permit applications submitted by Buckley in 2001 were for

flammable liquid tanks. After the tanks were installed and prior to CO issuance, these and all the

other installed tanks were inspected by the City. At the direction of City staff, Buckley applied

for and received a certificate of occupancy ("CO"). The City waived any requirement for tank

inspections prior to issuing the CO. Due to a scrivener error, the CO lists the address as 1809

rather than 1803 Rock Island Street. A true and correct copy of the 2001 CO is attached hereto

as Exhibit "C". The City, through its inspections, had actual notice of the correct address.

Buckley's demand to the city that it correct the scrivener error was rejected, and the City

(because it had actual knowledge of the correct location) had a ministerial duty to correct the

address. Buckley requests that the court order Defendants to issue a certificate of occupancy for

1803 Rock Island Street which corrects the scrivener error.

14. In 2003, Buckley submitted an application to construct a dispensing station and a

metal canopy. There were numerous inspections and correspondence from the Fire Department

regarding all of the tanks on the Property. The City permitted all of the requested construction

and approved the dispensing station.

15. Attached as Exhibit "D" is a copy of a Dallas Morning News article about the

City of Dallas' attempt to rezone Buckley's property and surrounding businesses to benefit third

party developers in the area: "JPI planned a $950 million apartment-and-retail complex....Dallas

officials moved to create zoning along the corridor that would create a picturesque waterfront,

accommodating JPI and developers that might come after." Cedars West was the last tract to be

rezoned along the Trinity River Corridor, and the planned zoning was for high rise

condominiums and upper end mixed use development. Buckley's uses would not have been

allowed under the zoning proposed by the City of Dallas at that time.


16. Commensurate with its rezoning efforts, the City began to harass Buckley and

complain about its decades-old use of the Property. While the City sent letters to Buckley

complaining about the location of the storage tanks on the Property, it never issued a citation to

Buckley over five decades. While communications were made intermittently between the parties

over several years, no enforcement actions were taken by the City. In fact, the City offered to

look for alternative sites where Buckley could relocate in the City of Dallas.

17. On September 18, 2008, the Dallas Plan Commission recommended approval of

the Cedars West rezoning which would have put Buckley's operation out of business. The

proposed zoning did not allow Buckley's current use of the Property as a matter of right or allow

it to be grandfathered. Buckley attended the public hearings on the rezoning and petitioned the

City's appointed and elected representatives to allow Buckley's business to remain on the

Property.

18. Over the next two years, the Dallas City Council debated numerous changes to the

rezoning language. On June 12, 2010, the City Council voted to approve a rezoning ordinance

which would allow some industrial uses to remain in Cedars West. The City Council vote

included a five (5) year sunset for each nonconforming business unless the business improved

the looks of the building exterior within two years. If this happened, then businesses like

Buckley's would be grandfathered. Theresa O'Donnell, zoning director for the City, assured the

landowners that any certificate of occupancy that was applied for in a timely manner would be

granted within thirty (30) days. Two of the strongest proponents of the rezoning which would

allow Buckley's use to remain on the Property were Councilmen Ron Natinsky and David

Neumann. The rezoning ordinance required virtually all of the property owners in Cedars West

to file applications for new certificates of occupancy in order to be grandfathered.


19. Without waiving their legal rights that the existing CO's permitted and

grandfathered Buckley's uses, Buckley filed new CO applications for petroleum tank storage use

for 1803 Rock Island and 1809 Rock Island. Following the receipt of comments from staff,

Buckley submitted revised CO applications in October 2010. The City never responded for over

six months, despite regular prompting for status updates from Buckley's representatives as

shown on Exhibit "E".

20. City Council elections were held on May 14, 2011. Councilman Neumann lost

his seat and Councilman Natinsky did not make the mayoral runoff and lost his seat.

Immediately after the election results were made public, the City Building Official sent certified

letters stating that Buckley's pending CO applications and current CO were being revoked.

Despite decades of inspections and permit approvals, the City now claims that Buckley's use is

illegal and dangerous. Defendant Carlin issued the May 13, 2011 memorandum attached hereto

as Exhibit "F" stating that Buckley's property was being operated in a dangerous manner.

Coincidentally, Buckley also received the letter dated May 13, 2011 from Assistant City

Attorney Christopher Bowers attached hereto as Exhibit "G" stating "This letter confirms that

we are not currently aware of any surplus City-owned property that would be suitable for

Buckley's current operations" to relocate to.

21. A true and correct copy of the City's May 18, 2011 letter denying Buckley's CO

application is attached hereto as Exhibit "H". The Building Official states that Buckley's

operations must "immediately cease operating." Buckley disputes the technical deficiencies

listed in the letter as a grounds for denying the CO. Further, the city incorrectly states that

Buckley's property does not meet the Dallas ordinance requirements at the time of final plat

approval concerning the erection of tanks in 1957. To the contrary, the CO application meets all


reasonable ordinance requirements and the City's denial of the CO is arbitrary, unauthorized and

ultra vires.

22. A true and correct copy of the City's May 18, 2011 letter revoking the CO for

1809 Rock Island is attached hereto as Exhibit "I". It contains numerous false and misleading

statements that are unsupported by the facts or industry standards. For example, the letter states

that Buckley's property presents an imminent danger when the City has a 55 year track record of

inspections without issuing a citation or making an imminent danger finding. If the City

determines that a property violates city codes, it typically issues a citation in a judicial setting.

Through its actions over the years the City has acknowledged there are no code violations and

Buckley's operations do not constitute an imminent danger. The city's ordinances do not

authorize the revocation of Buckley's CO in the manner undertaken by the City whose actions

are arbitrary, unauthorized and ultra vires.

23. Buckley submitted three appeals to the Board of Adjustment on June 3, 2011.

These appeals address the City's decisions to (a) deny the certificate of occupancy application

for 1809 Rock Island; (b) revoke the approved certificate of occupancy for 1809 Rock Island;

and (c) deny the certificate of occupancy application for 1803 Rock Island (collectively "BOA

Applications"). The BOA Applications are BDA 101-168, BDA 101-169 and BDA 101-170.

According to §211.010(c), TEX. Loc. GOVT. CODE, the filing of the BOA Applications stays the

enforcement of the matter being appealed. The City has threatened to violate the statutory stay

by shutting down Buckley's operation.

24. On or about April 17, 2012, Matthews Southwest and Tricon announced a $400

million development on land close to Buckley's in Cedars West. The City Attorney's office

demanded that Buckley forward permits for every one of its tanks to the City. On or about


April 19, 2012, Buckley forwarded an Open Records Act ("ORA") request attached hereto as

Exhibit "J" to the City of Dallas requesting access to the City records. The City has not

responded within the timeframes set forth in the ORA and has not responded to Buckley's

demand for these records. As a result, Buckley did not have access to potential documents that

would have assisted Buckley at the Board of Adjustment hearings. Buckley's counsel also

forwarded correspondence to the City Attorney requesting the depositions of City Employees

prior to the Board of Adjustment hearings. The City Attorney's office returned correspondence

rejecting Buckley's request.

25. On or about June 5, 2012, the Dallas City Attorney's office forwarded a letter

attached as Exhibit "K" demanding that Buckley cease operations. On or about June 5, 2012, the

Dallas City Attorney's office forwarded the letter attached as Exhibit "L" alleging violations of

the Dallas Fire Code. On Saturday, June 9, 2012, the City of Dallas was one of the sponsors of

the Cedars West Arts Festival which was held on Rock Island Street in front of Buckley's

property. True and correct copies of photographs taken at the festival are attached as

Exhibit "M". City representatives attending the Arts Festival included Mayor Pro Tem Pauline

Medrano and Councilmember Ann Margolin as shown in the photographs.

26. The City now claims that Buckley poses an imminent threat to the public health

and safety. The most recent City of Dallas inspections took place on May 23, 2012. According

to the City's Industrial Inspection Report attached hereto as Exhibit "N", Buckley's property

"looks good and there are no issues." Buckley has operated on the Property without incident for

55 years. If Buckley posed a true imminent threat to the public, the City would have filed suit

decades ago. The fact that the City has not judicially challenged Buckley's operations during


that period shows that the City does not consider Buckley's use as causing imminent peril to life

or property despite the language in Chief Carlin's memo.

27. Further, the City has approved certificates of occupancy for the other industrial

businesses in Cedars West, despite the fact that these businesses lacked permits establishing their

uses. Upon information and belief, the City has allowed these businesses to keep operating

without the required permit approvals while attempting to shut down Buckley because the City

cannot find Buckley's approved permits. Further, the City is requiring Buckley to comply with

all current City ordinances at the same time it is waiving those requirements for similarly

situated industrial business in Cedars West. The City, by requiring Buckley produce to permits

for every tank on the property as a condition of CO issuance, is applying different standards to

Buckley than for similarly situated tracts. The City is also discriminating against Buckley to

benefit private property owners and private development in the area. The City has granted

certificates of occupancy for other uses in Cedars West but has targeted Buckley for arbitrary,

disproportionate and unfair treatment.

28. At its October 16, 2012 meeting, the Zoning Board of Adjustment of the City of

Dallas heard the BOA Applications collectively at the same meeting. A true and correct copy of

the application form for BDA 101-068 is attached hereto as Exhibit "0". A true and correct

copy of the application form for BDA 101-069 is attached hereto as Exhibit "P". A true and

correct copy of the application form for BDA 101-170 is attached hereto as Exhibit "Q". The

City refused Buckley's requests for depositions and document production prior to the

October 16, 2012, meeting, thereby depriving Buckley of its procedural and substantive due

process rights. The BOA Applications were consolidated and heard collectively by the Board.

The BOA denied each of Plaintiff's applications, and Plaintiff appeals such denial to this court.


V.

PLAINTIFF'S CLAIMS FOR RELIEF

Count 1

Application for Injunction

29. The allegations in Paragraphs 1 through 28 above are realleged and incorporated

herein by reference as if set forth in this Count.

30. The grant or denial of an injunction rests within the sound discretion of the court:

31. Plaintiff seeks an injunction to restrain and enjoin Defendant from taking any

actions to inhibit or prohibit Buckley's current uses on the Property.

32. Defendant's actions are without right or entitlement because Buckley does not

present a danger to the public health and safety as alleged by Defendant Carlin; the City is

applying numerous new City ordinances in violation of the vested rights statute; and the City is

revoking validly issued permits in Buckley's name. The City's ordinances do not authorize a CO

revocation in the manner undertaken by the City. Buckley is entitled to injunctive relief to stop

the City's actions to inhibit or prohibit Buckley's current uses on the Property. As stated

hereinabove, the City has taken numerous actions to put Buckley out of business. Immunity is

waived as to the City's ultra vices actions. Unless Defendants are immediately restrained from

taking actions to inhibit or prohibit Buckley's current uses on the Property, the City will commit

the foregoing acts before notice is given and a hearing is had on Plaintiff's Application for

Permanent Injunction, and if the commission of these unauthorized acts is not restrained

immediately, Plaintiff will suffer immediate and irreparable injury.

33. Chapter 245 of the Texas Local Government Code requires that the City apply

only the ordinances in effect at the time of the submittal of the first permit request in reviewing

and approving subsequent building permit CO applications for the Property. Buckley's project is


its chemical distribution facility on the property it owns. The initial permit for Buckley's project

is the initial plat, initial Industrial zoning or the 1957 building permit. Because the adverse

ordinances attempted to be enforced by the City were enacted after the first permit for the project

for this Property, the ordinances cannot be applied to Buckley's business on the Property. Some

of the subsequently enacted ordinances attempted to be applied by the City are referenced in the

Exhibits to the petition. Injunctive relief is authorized under Chapter 245, and immunity is

waived.

Count 2

Writ of Mandamus

34. The allegations in Paragraphs 1 through 33 are realleged and incorporated herein

by reference as set forth in this court.

35. The City Building Official's revocation of Buckley's CO at 1809 Rock Island

Street and denial of CO applications at 1803, 1809 and 1811 Rock Island Street were arbitrary,

unauthorized and ultra vires for the reasons stated hereinabove. Buckley made demand for these

applications. The City and Holman have a ministerial duty to maintain the CO at 1809 Rock

Island street, acknowledge that the 2001 CO includes 1803 Rock Island, grant the CO

applications at 1803 and 1809 Rock Island Street, and Buckley requests that the Court grant this

Writ of Mandamus request Immunity is waived as to ultra vires violations and pursuant to

Chapter 245, Tex. Loc. Govt. Code.

Count 3

Federal Causes of Action




37. The City's actions in this case have deprived Buckley of their federal

constitutional rights under the color of state law. The City has deprived Buckley's

constitutionally protected equal protection, just compensation and due process rights under

Articles 5 and 14 of the U.S. Constitution. As stated above, the City has treated Buckley

different from similarly situated businesses in Cedars West. The City has not treated Buckley

impartially in the permitting process and has produced contrived documentation and decisions to

justify its initial goal of putting Buckley out of business. The City has threatened and has taken

actions to injure or destroy Buckley's business on the Property in violation of §§ 1983, 1985 and

1988 of the U.S. Civil Rights Act. The City's actions are intended to assist redevelopment of

land in the area. Immunity is waived under the U.S. Civil Rights Act and for constitutional

violations.

Count 4

Declaratory Judgment



39. Buckley seeks a declaratory judgment pursuant to the Texas Declaratory

Judgment Act, Texas Civil Practice and Remedies Code, §37.001, et seq., that the City's fire

code, building codes and other ordinances adopted after the initial permits for Buckley's project

cannot be applied to the Property under Chapter 245, Tex. Loc. Gov't Code.


Judgment Act, Texas Civil Practice and Remedies Code, §37.001, et seq., that the City's and

Building Officials revocation of Buckley's certificate of occupancy and denial of Buckley's CO

applications are not authorized under state law and city ordinance and are therefore unauthorized,

null, void and ultra vices.



Judgment Act, Texas Civil Practice and Remedies Code, §37.001, et seq., that the City has

violated Chapter 245, Tex. Loc. Gov't Code.

Count 5

Inverse Condemnation



43. The City's intentional refusal to allow Buckley's use of the Property for its

ongoing business operations in accordance with Buckley's investment-backed expectations is a

temporary or permanent taking of Plaintiff's property rights in violation of Art. I, § 17 of the

Texas Constitution and Article 5 of the U.S. Constitution. The City does not enjoy sovereign

immunity as to inverse condemnation claims.

44. Without being allowed to continue its current use, the Property has no

economically beneficial use in violation of Art. I, § 17 of the Texas Constitution and Article 5 of

the U.S. Constitution.

45. The City's actions to manipulate its permitting process to terminate Buckley's

business and property rights are with acquisitory intent. The City desires to replace Buckley's

business with more dense, higher sales tax paying businesses envisioned by the Trinity River

redevelopment project.

Count 6

Due Process/Equal Protection




47. The City has deprived Buckley of its protected property rights in violation of the

due course, due process and equal protection provisions of the U.S. and Texas Constitutions.

The City has treated Buckley arbitrarily and differently than other landowners in Cedars West by

waiving newly enacted ordinances and issuing permits for those businesses that do not comply

with City ordinances. The City refused Buckley's requests for document production and

deposition requests prior to the Board of Adjustment hearings thus violating procedural due

process. The City's actions have been undertaken with the goal of encouraging redevelopment

in the area rather than addressing a "danger" to public health and safety. The City's actions have

been arbitrary and capricious and have been taken to benefit third parties. The City does not

enjoy sovereign immunity for constitutional violations.

Count 7

Attorney's Fees



49. Under the authority of the Texas Declaratory Judgment Act, Texas Civil Practice

and Remedies Code, Section 37.001, et seq. and 42 U.S.C. § 1988, Buckley additionally claims

reasonable attorney's fees, both in the trial of this cause and in connection with any subsequent

appeal.

Count 8

Request for Writ of Certiorari


herein by reference as if set forth in this Count. 2

2 The City has not provided the BOA record, so the City's special exceptions related to the writ of certiorari are not addressed.


51. On October 16, 2012 the BOA voted to deny the BOA Application. This action

against the Board is to review and reverse the decision of the BOA as is provided in Section

211.011 of the Texas Local Government Code as to Application # BDA 101-168, BDA 101-169,

and BDA 101-170. By filing this Petition, Plaintiff requests this Court to issue a Writ of

Certiorari directed to the BOA and to review such decisions of the BOA.

52. Plaintiff would show the Court that the decision made by the BOA on October 16,

2012, as to the BOA Applications is illegal in its entirety for the following reasons:

(a) The decision of the BOA is arbitrary and capricious, an abuse of discretion, and is not supported by the law or the evidence for the reasons stated hereinabove.

(b) The BOA erred in finding that the evidence offered by the City was proper and admissible. The BOA refused to address the City's refusal to allow Buckley to conduct discovery prior to the hearing.

(c) The BOA's decision is arbitrary and capricious because the City prevented Plaintiff from conducting discovery before the hearing.

(d) The BOA's decision violates Chapter 245, Tex. Loc. Gov't Code for the reasons stated hereinabove.

53. Plaintiff requests this Court direct the issuance of a Writ of Certiorari to be served

on the City to review the referenced decision of the BOA; that this Court find that the decision of

the BOA was improper and not authorized by the law or the facts; and reverse the decision of the

BOA.

VI. CONDITIONS PRECEDENT

54. All conditions precedent to Buckley being entitled to bring this action and recover

the relief requested herein have been performed, have occurred or have been waived.

WHEREFORE, PREMISES CONSIDERED, Buckley respectfully requests as follows:


(a) That the court issue a temporary and permanent injunction restraining the City, its

agents, servants and employees from taking any action to inhibit or prohibit

Buckley's current use of the Property.

(b) That the Court issue the declarations requested herein;

(c) That the Court issue the Writ of Mandamus requested herein;

(d) That the Court award to Plaintiff damages suffered in excess of the minimum

jurisdictional limits of this Court;

(e) That the Court award cost of suit and attorney's fees as provided by law;

(f) that a writ of certiorari be issued and directed to the City of Dallas Zoning Board

of Adjustment to review the order of City of Dallas Zoning Board of Adjustment

(including the records related to the closed executive session) and to prescribe the

time within which the return thereto shall be made and served on Plaintiff's

attorney as is provided for in Section 211.011 of the Local Government Code of

the State of Texas, authorize the taking of additional evidence under § 211.011(e),

and that the decision of the BOA be reversed and the order of the BOA be set

aside as to Application Nos. BDA 101-168, BDA 101-169 and BDA 101-170; and

(g) That the Court award such other and further relief to which Buckley may be justly

entitled.


Respectfully submitted,

WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5745 — Phone (214) 745-5390 — Fax

By: /s/ Arthur I Anderson Arthur J. Anderson State Bar No. 01165957

ATTORNEYS FOR PLAINTIFF BUCKLEY OIL COMPANY


CERTIFICATE OF SERVICE

I hereby certify that on November 30, 2012, a true and correct copy of the foregoing document has been forwarded via electronic filing to the following counsel of record:

Chris Caso Andrew Gilbert City of Dallas 1500 Manilla, 7DN Dallas, TX 75201

/s/ Arthur I Anderson ONE OF COUNSEL


VERIFICATION

THE STATE OF TEXAS

COUNTY OF DALLAS

BEFORE ME, the undersigned authority on this day personally appeared Z/A/.1,4 , file/ Li r CONA,,9,,,,2f Buckley Oil Company, a Texas corporation, personally known to me and who after being duly sworn according to law upon his oath deposed and stated that he has read paragraphs 6-33 and 50-53 of Plaintiffs' Second Amended. Petition and Application for Writ of Certiorari and that each of the facts contained within it are true and correct and based upon his personal knowledge.

BUCKLEY OIL COMPANY

SUBSCRIBED AND SWORN TO BEFORE ME on this the ,294=bsday of November, 2012 to certify which witness my hand and seal of office.

,r", ‘ Wendy K. Shelton 5 P4?

111.? ,-* 1-',-.1 Notary Public, State of Texas 5=

4„2;ce Comm. Exp. 12-02-14

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Buckley Oil Co. 1809 Rock Island St. Dallas, Texas 75207

Telephone 214-421-4147 Fax 214-428-4566

May 17, 1991

Dallas Fire Department Education & Inspection Division 2014 Main St. Room #401 Dallas, Texas 75201 ATTN: Officer Calvin Nichols

Dear Officer Nichols,

The inspection of our plant conducted by you 4/2/91, indicated our efforts to comply fully with the recommendations made during the 10/25/90 inspection. The only task remaining is the addition of Emergency Relief Vents to some of our tankS. Buckley Oil has already installed seventeen (17) E.R.V.'s. We have thirty-two (32) tanks which require the installation of E.R.V.'s. We propose to complete these thirty-two (32) installations by 10/25/92. We request this time frame so that we may budget our resources. The average cost of these E.R.V.'s is $601.06. The expenditure, while not outlandish, is significant and we request the Fire

- Department'g cooperation in finishing this upgrade of our plant.

We appreciate the cooperation that has been extended to Buckley Oil regarding the 10/25/90 inspection. If you have any comments or need for more information please contact me at 421-4147.

Respectfully,

DALLAS FIRF DEPT. 'SUBJECT TO CORRECTIONS NOTED"

DATE - 9 ( BY APPROVAL OF PLANS OR

SPECIFICATIONS SHALL NOT BE CONSTRUED TO SANCTION ANY.

VIOLATION OF CODE.

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ON TiZ I ,,)57-19-1.torno A.)

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EXHIBIT

13

CITY OF DALLAS

Building Inspection 320 E. Jefferson Blvd. Dallas, Texas 75203

CERTIFICATE OF OCCUPANCY

CO Number: 0110101005

Use: OFFICE SHOWROOM/WAREHOUSE

Name: R E DODSON

DEA; BUCKLEY OIL COMPANY

Date Issued:

Expiration date:

CO Fee:

Mapsco:

11/16/2001

175.00

45 /Y

Telephone:

Address:

Fax:

1809 ROCK ISLAND ST 75207

Lot: 015 Block: 073 7342 / Act Code: B :Nag Units: Work Use: Zoning: IM' Oun Code: A District: 28 Pro Park: Lot Area: SUP: Stories: Reg Park: Bldg Areas PDD: 0000 Occ Code: 81 Sprinkler: Type Const:

Remarks

SAME USE

This certificate shall be displayed on the above premises at all times.

When Hargrove first learned of it, he told himself he was ready for a fight. He'd stay put until his dying breath. The ci

h ttp://www.dallasnews.com/news/commun ity-news/dall as/headl nes/20 1 01 008-industrial

Page 1 of 3

Industrial businesses' fight to stay put along paying off By STEVE THOMPSON /The Dallas Morning News

sthorripsongdallasnews.com

Published: 08 October 2010 09:16 AM

It felt like someone throwing cold water on him. That's how John Hargrove describes learning that Dallas planned to z make way for progress - developments of high-end shops and apartments along the Trinity River,

At nearly 50, Hargrove was too old to start over, too young to retire. He had a kid in college and two more he hoped t(

"It was like someone pulling the rug out from underneath my entire life," he says.

That was two years ago. Hargrove's salvage operation, Orr-Reed Wrecking, was among a handful of scrap yards and to be given five years to either shut down or relocate.

What's happened since is the story of a few individuals against City Hall. A few local businesses against big-time devi now existence against grand concepts of the future.

And the little guys have almost won.

Hargrove's salvage yard sits on Rock Island Street in an area known as Cedars West. The road runs between the Trii

The yard is a popular source for used doors, windows, wood flooring and other reclaimed odds and ends. If you need Hargrove's place is one to check.

Across Rock Island Street is Okon Metals, a scrap-metal recycler. Nearby is Buckley Oil. These, like many of the bus] weathered economic ups and dawns for decades.

Several years ago, as the economy boomed and the city's plans for lakes and parks along the Trinity were in full swin along the corridor.

One of its purchases was a 50-plus-acre track just north of Rock Island Street.

JPI planned a $950 million apartment-and-retail complex, one of the most ambitious real estate projects envisioned a zoning along the corridor that would create a picturesque waterfront, accommodating JPI and developers that might c

But the new zoning did not accommodate old industry like Hargrove's salvage yard. The new rules would've given it fi

Page 2 of 3

In late 2008, Hargrove, Louis Okon of Okon Metals and a couple of others showed up at a City Council meeting. The

Hearing the opposition, council members deferred the zoning plans and soon set up a committee to look at the issue.

down.

"Once we got beyond our disgust, Louis was a calming influence," Hargrove says. "Louis was like, We've gone down

let's come up with a plan.' "

Owners' perspective

For the business owners, the plans for development along the Trinity weren't necessarily bad. Most of them would be

Okon, for one, purchased land he had formerly leased, along with some of his neighbors' property, in 2005 and 2007.

But property values may not rise much before actual development comes. Getting zoned out before then is the worst

property to eminent domain. At least then the city pays you fair value for your business and your land.

"I'm all for change," says Hargrove. "I just don't want to be forced out and left with nothing but an empty lot to sell to a

In a photo on Okon's office wall, his great-grandfather, the founder of Okon Metals, poses next to a horse-drawn carri

change will come to the Trinity one day, but he wonders whether it will be in his own great-grandchildren's time. In the

stay put.

During the gloomy economic climate of early 2009, Okon's prediction that change would come slowly began to seem

First, JPI ran into financial trouble with the Cedars West property. The developer was threatened with foreclosure and

back to the bank.

Soon after that, the U.S. Army Corps of Engineers rated the Trinity's levees unacceptable. All of the sudden, the gran

much further away.

Meanwhile, Okon, Hargrove and the others put together their own plan. They promised to beautify their properties wit

other adornments. The idea was to fit into coming redevelopment, not impede it.

They reasoned that, as is the case in many cities, downtown riverfronts don't have to consist solely of immaculately p

of old industry can add to a city's character and charm, give it a richer urban texture.

They put together a presentation with conceptual drawings to make their point. Last October, when the council comm

were impressed.

"Colleagues, they knocked my socks off," council member Pauline Medrano, whose district contains Cedars West, sa

plan."

Not everyone was pleased. A representative of JP l's bank, who had not seen the plan, spoke angrily to the council at

developer to take on the property.

"Apparently there's a plan that the largest landowner in this area is not privy to," said Dan Thomas of Bank of the Oza

"There's no doubt we're in a recessionary period," Thomas said, "But this logic that these nonconforming users shouk

what that results in: status quo, no benefits for the city."

http://www.dallasnews.com/news/community-news/dal las/headlines/20101008-i ndustrial-b... 6/9/2012

Page 3 of 3

Council view

But the council embraced the plans. Council member Ron Natinsky drew a sharp contrast between the bank, which w

borrower defaulted, and local businesses that had been around for generations.

"We've got property owners who came down here and said they're willing to roll up their sleeves, they're willing to ape

part," he said.

Last week, officials at the Bank of the Ozarks declined to comment specifically on the proposed ordinance encompas

"We just want to see this area succeed," Thomas said.

It's not difficult to understand their concerns. The coming and going of heavy trucks and the clank of machinery inside

hand with upscale development.

But Natinsky and other council members are convinced it can work. They talked with city staffers in charge of the Trin

businesses aren't creating some specific nuisance, why get rid of them?

"We really didn't get an answer," Natinsky says. "It was almost like a message from the Trinity god had said, 'All that':

In June, council members unanimously endorsed the plan suggested by those along Rock Island Street. It requires th

looks of their properties within two years.

For instance, the ordinance calls for design or mural features on the businesses' facades.

The idea is to encourage the use of artistic themes that celebrate the area's history. Any business that fails to make 9

The City Council is set to vote on the ordinance Wednesday.

"The electric-motor guy can keep repairing electric motors in his new, eclectic, funky neighborhood, or he can turn it ii

build condos on it when the market's right."

http://wi,vw.dallasnews.com/news/community-news/dallas/headlines/20101008-industrial-b.. . 6/9/2012

This is insufficient. We need scaled site plans and floor plans. The site plans need to show the propert lines/building site lines.

EXHIBIT

3/4/2011

Page 1 of 2

Anderson, Art -• ---• + ,------ ■--M1•--

From: Anderson, Art

Sent: Friday, March 04, 2011 10:00 AM

To: 'Hiromoto, Jennifer'

Cc: 'Sikes, Phil'; '[email protected] '

Subject: RE: Site plan for Buckley Oil

Please note that it has been two months since the email below and we have not received a response. Regards, Art Anderson

From: Anderson, Art Sent: Tuesday, January 04, 2011 10:55 AM To: 'Hlromoto, Jennifer' Cc: 'Sikes, Phil'; '[email protected] ' Subject: RE: Site plan for Buckley Oil

Please note that it has been four weeks since the email below was forwarded to the city and we have not yet received a response. Regards. Art Anderson

From: Anderson, Art Sent: Sunday, December 05, 2010 3:03 PM To: 'Hiromoto, Jennifer' Cc: Sikes, Phil Subject: RE: Site plan for Buckley Oil

Jennifer, we turned in the revised CO documentation about 6 1/2 weeks ago and have heard nothing from the city. Can you advise as to the status of this matter? Thanks, Art

From: Hiromoto, Jennifer [mailto:[email protected]] Sent: Wednesday, August 11, 2010 5:20 PM To: Mann, Tommy Cc: Anderson, Art; Sikes, Phil Subject: RE: Site plan for Buckley Oil

Tommy, please confirm that you received this email. I did not receive a response and want to make sure you are aware that your CO is not being reviewed until the required plans are provided. Jennifer

From: Hiromoto, Jennifer Sent: Monday, August 02, 2010 3:57 PM To: 'Mann, Tommy' Cc: Anderson, Art Subject: RE: Site plan for Buckley Oil

Tommy,

Page 2 of 2

I have the permits at my desk. Please drop off 2 full sized scaled SP & FP to my attention in Room 105.

Thanks, Jennifer

From: Mann, Tommy [mailto:[email protected]] Sent: Monday, August 02, 2010 3:46 PM To: Hiromoto, Jennifer Cc: Anderson, Art Subject: FW: Site plan for Buckley Oil

Jennifer,

I have submitted the do applications for Buckley Oil. Attached is a site plan that shows all three properties. It is in color, and I think it is easier to read on the computer screen. Let me know what questions or information you need once you've had a chance to look at all the materials.

Thanks, Tommy

Tommy Mann, Attorney Winstead PC 15400 Renaissance Tower 11201 Elm Street I Dallas, Texas 75270 214.745.5724 direct I 214.745.5390 fax I tnnannewinstead.com I www.winstead.com

IRS Circular 230 Required Notice—IRS regulations require that we inform you as follows: Any U.S. federal tax advice contained In this communication (including any attachments) Is not intended to be used and cannot be used, for the purpose of (I) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matlerfs].

Information contained in this transmission is attorney privileged and confidential, It Is intended for the use of the individual or entity named above. If the reader of this message Is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication Is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone.

3/4/2011

Memorandum

DATE May 13, 2011 CITY OF DALLAS

TO

SUBJECT

Batsheba Antebi Building Official

Buckley Oil's Certificate of Occupancy Requests for 1803 and 1809 Rock Island Street, Dallas, TX

I have determined that the use or occupancy at the subject locations is being operated in a manner that is a substantial danger of injury or adverse health impact to any person or property and is in violation of the Dallas Fire Code. Of major concern at 1809 Rock Island St. are the many unpermitted aboveground tanks in which flammable and combustible liquids are stored. The tanks are located too close to each other in diking that is inadequate for the number of tanks and volume of liquid being stored. Incompatible liquids are stored together in the same diked area. An unpermitted fuel dispensing facility is operating at 1803 Rock Island St. The fuel for this system is piped from the storage at 1809 Rock Island St. No foam fire extinguishing system or equipment has been provided for fighting the large flammable or combustible liquid fires that could occur on these properties. In the event of a fire the majority of the tanks would explode and thereafter burn for many days. Such an event would result in significant damage to the properties and possibly nearby properties, could result in the loss of life, would pollute the air and ground, and would likely contaminate the Trinity River. It is my recommendation that the certificate of occupancy request for 1803 Rock Island St. be denied and that the existing certificate of occupancy for 1809 Rock Island St. be revoked.

Debra Carlin, Assistant Chief/Fire Marshal Life Safety and Professional Standards Bureau Dallas Fire-Rescue Department

sdm

EXHIBIT

"Dallas. The City That Works: Diverse. Vibrant and rmgressive."

CITY OF DALLAS

May 13, 2011

Arthur I. Anderson WINSTEAD, PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270

VIA CSTAM 2'0: (214) 745-5390

Re: Fire Code and Zoning violations at 1803, 1809, an• 1811 Rock Island Street, Dallas, Texas, which are owned by Buckley Oil Company ("Buckley Oil")

Dear Mr. Anderson:

When we discussed this matter, you said that Buckley Oil would consider relocating to another location within the City and asked if any City-owned roperty was available. We asked City departments to determine if the City owns any s rplus properties of at least live acres with appropriate zoning. This letter confirms that we are not currently aware of any surplus City-owned property that would be suitable for Buckley Oil's current operations.

Sincerely,

CA_YeL-1- Christopher D. Bowers First Assistant City Attorney

To:92147455390 P.2/2 MAY-13-2011 16:19 From

EXHIBIT CfPC110F11411 CITY MUMMY CITY HALL. CALLAO, ISMS 75201 TT.U6PHONC 14/A704510 FAX 21‘1170-0822

"ma CITY OF DALLAS

May 18, 2011

Arthur J. Anderson Winstead, P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270

CER1114ED MAIL # 7000 0520 0022 2596 9368 RETURN RECEIPT REQUESTED

RE: Denial of certificate of occupancy application nos. 1008021063 and 1008021064 (the "applications") for a petroleum product storage and wholesale use at 1803 and 1809 Rock Island Street ("the Properties") owned by Bucidey Oil Company ("Buckley Oil")

Dear Mr. Anderson:

This letter is to inform you that the applications for the Properties are hereby denied and any use operating on the Properties without a certificate of occupancy is an illegal land use that must immediately cease operating.'

The building official is required to deny an application for a certificate of occupancy if the building official determines that the certificate of occupancy requested does not comply with the codes, the Dallas Development Code, or other city ordinances, rules, or regulations.` Past inspections of the Properties by the Fire Department have revealed many different Fire and Construction Code violations, which have not been corrected, including:

(1) Failure to provide and maintain required spatial separation between tanks containing flammable or combustible liquids in violation of Section 3404.2.9.5.1.1 of the Dallas Fire Code;

(2) Failure to obtain a permit for storage, handling, or use of Class I, II, or 111A liquids in violation of Section 105.6.16 of the Dallas Fire Code;

(3) Failure to obtain acceptance tests for tanks being placed into service in violation of Section 3404.2.12.1 of the Dallas Fire Code; and

Subsection 306.5, "Denial," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code; Section 1.104, "Certificate of Occupancy," of Chapter 51A of the Dallas Development Code; Subsection 306.1, "Use or Occupancy," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code; and Subsection 306.2, "Change in Use or Om.. Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code. Paragraph 1 of Subsection 306.5, "Denial," of Chapter 52, "Administrative Procedures for the Codes," of the Dallas City Code.

May 18, 2011 CO 1008021063 and 1008021064 Denial Page Two (2)

(4) Failure to obtain a pettuit for storage tanks in violation of Section 301.1.1 of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code. 3

Additionally, the building official is required to deny an application for a certificate of occupancy if the building official determines that the application contains false, incomplete, or incorrect information and the applicant has failed to correct or supplement the false, incomplete, or incorrect information within a reasonable time after the building official requests that the information be corrected or supplemented. 4

Once our office completed its initial review of the applications, the building official sent you a letter dated September 23, 2010 notifying you that we required additional information to process the applications. 5 On October 8, 2010, the building official sent you another letter responding to your letters dated September 29, and October 7, 2010 and again notified you that we require all of the additional information requested in our September 23, 2010 letter to process the applications. 6 To date, we have still not received all of the additional information required, including:

(1) The outline of the fire lanes shown on each site plan;

(2) The height of "Building One (1)";

(3) Sufficient information to categorize the use of Buildings 2A, 3C, B, D, E, and F;

(4) Sufficient information to determine whether mixing and/or dispensing operations are occurring in Buildings 3C and. F and sufficient information about which products, including their building and fire code classifications, are involved in the mixing and/or dispensing operations and how much area within each. building is dedicated to the mixing and/or dispensing operations; and

(5) The length of the piping that enters and terminates in Building F as shown on your Attachments 3 and 4.

3 Sec attached letter dated February 19, 2009 to Arthur Anderson regarding Fire Code and zoning violations at 1803, 1809, and 1811 Rock Island Street. The list of Fire Code violations in this letter is not an exhaustive list of all of the violations on the Properties.

4 Paragraph 3 of Subsection 306.5, "Denial," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code. See attached letter dated September 23, 2010 to Art Anderson regarding Buckley Oil Company Certificates of Occupancy Application Nos. 1008021063 and 1008021064.

6 See attached letter dated October 8, 2010 to Arthur Anderson regarding Buckley Oil Company Certificates of Occupancy Application Nos. 1008021063 and 1008021064.

Sustainable Development and Construction Department - Building Inspection - 320 E. Jefferson Blvd., Rm. 204 - (214) 948-4320

May 18, 2011 CO 1008021063 and 1008021064 Denial Page Three (3)

You have failed to supplement the required information requested within a reasonable time. Thus, the applications are denied.

Further, the building official shall deny an application for a certificate of occupancy if the building official determines that the applicant does not possess a required city license, permit, or registration to operate the use or occupancy. ? Past inspections of the Properties by the Fire Department have revealed that Buckley Oil does not possess required city permits, including:

(1) Permits for storage, handling, or use of Class I, II, or IIIA liquids in accordance with Section 105.6.16 of the Dallas Fire Code; and

(2) Permits for storage tanks in accordance with Section 301.1.1 of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code!

Any determination made by the building official shall be final unless appealed within 15 days after you receive this letter. 9 Questions about the appeal process should be directed to the building official at 214-948-4320.

Sincerely,

r _ro r

Batsheba Antebi, PE Building Official Sustainable Development and Construction Department

Enclosures (3) c: Theresa O'Donnell, Director, Sustainable Development and Construction

Chris Bowers, First Assistant City Attorney Andrew M. Gilbert, Assistant City Attorney Cynthia Michaels, Section Chief, Inspection & Life Safety Education, Fire Department Kevin Sipes, Deputy Chief, Inspection. & Life Safety Education, Fire Department

7 Paragraph 4 of Subsection 306.5, "Denial," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code.

See attached letter dated February 19, 2009 to Arthur Anderson regarding Fire Code and zoning violations at 1803, 1809, and 1811 Rock Island Street. The list of violations in this letter is not an exhaustive list of all of the violations on the Properties.

9 Paragraph 2 of Section 306.15, "Appeals of Actions and Determinations," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code and Paragraph (2) of Subsection (a), "Initiation," of Section 51A-4303, "Board of Adjustment Hearing Procedures," of the Dallas Development Code.

Sustainable Development and Construction Department - Building Inspection - 320 E. Jefferson Blvd., Rm. 204 - (214) 948-4320

CITY OF DALLAS

May 18, 2011

Arthur Anderson Winstead, P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270

CERTIFIED MAIL # 7000 0520 0022 2596 9375 RETURN RECEIPT REQUESTED

RE: Revocation of certificate of occupancy no. 0110101005 ("the CO") for a petroleum product storage and wholesale use at 1809 Rock Island Street ("the Property") owned by Buckley Oil Company ("Buckley Oil")

Dear Mr. Anderson:

This letter is to inform you that the CO for a petroleum product storage and wholesale use on the Property is hereby revoked and any use operating on the Property without a certificate of occupancy is an illegal land use that must immediately cease operating.'

The building official shall revoke a certificate of occupancy if the building official determines that a use or occupancy is being operated in a manner that is a substantial danger of injury or an adverse health impact to any person or property and is in violation of the codes, the Dallas Development Code, or other city ordinances, rules, or regulations. 2

The Fire Department has determined that because of the many Dallas Fire and Construction Code violations on the Property and described in this letter, the use or occupancy is being operated in a manner that is a substantial danger of injury or adverse health impact to persons and property. These violations include:

(1) Failure to provide and maintain required spatial separation between tanks containing flammable or combustible liquids in violation of Section 3404.2.9.5.1.1 of the Dallas Fire Code;

(2) Failure to obtain a permit for storage, handling, or use of Class I, II, or IIIA liquids in violation of Section 105.6.16 of the Dallas Fire Code;

(3) Failure to obtain acceptance tests for tanks being placed into service in violation of Section 3404.2.12.1 of the Dallas Fire Code; and

Subsection 306.13, "Revocation of Certificate of Occupancy," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code; Section 1.104, "Certificate of Occupancy," of Chapter 51A of the Dallas Development Code; Subsection 3063, "Use or Occupancy," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code; and Subsection 306.2, "Change in Use or Occupancy," of Chapter 52, "Adminictrative Procedures for the Construction Codes," of the Dallas City Code. Paragraph 3 of Subsection 306.13, "Revocation of Certificate of Occupancy," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code.

EXHIBIT

May 18, 2011 CO 0110101005 Revocation Page Two (2)

(4) Failure to obtain a permit for storage tanks in violation of Section 301.1_1 of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code. 3

Additionally, the building official shall revoke a certificate of occupancy if the building official determines that a required city license, permit, or registration to operate the use or occupancy has not been issued. 4 Past inspections of the Properties by the Fire Department have revealed that Buckley Oil has not obtained required city permits, including:

(1) Permits for storage, handling, or use of Class I, II, or IIIA liquids in accordance with Section 105.6.16 of the Dallas Fire Code; and

(2) Permits for storage tanks in accordance with Section 301.1.1 of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code. 5

Thus, the building official must revoke the CO. 6

Any determination made by the building official shall be final unless appealed within 15 days after you receive this letter. ? Questions about the appeal process should be directed to the building official at 214-948-4320.

Sincerely,

11., "- Betty Antebi, PE Building Official Sustainable Development & Construction

Enclosures (2) c: Theresa O'Donnell, Director, Sustainable Development and Construction

Chris Bowers, First Assistant City Attorney Andrew M. Gilbert, Assistant City Attorney Cynthia Michaels, Section Chief, Inspection & Life Safety Education, Fire Department Kevin Sipes, Deputy Chief, Inspection & Life Safety Education, Fire Department

3 Sce attached letter dated February 19, 2009 to Arthur Anderson regarding Fire Code and zoning violations at 1803, 1809, and 1811 Rock Island Street The list of Fire Code violations in this letter is not an exhaustive list of all of the violations on the Properties.

4 Paragraph 5 of Subsection 306.13, "Revocation of Certificate of Occupancy," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code. See attached letter dated February 19, 2009 to Arthur Anderson regarding Fire Code and zoning violations at 1803, 1809, and 1811 Rock Island Street. The list of violations in this letter is not an exhaustive list of all of the violations on the Properties.

6 See attached memorandum dated May 13, 2011 to the building official from Assistant Chief and Fire Marshal Carlin regarding the substantial danger at the Property. Paragraph 2 of Section 306.15, "Appeals of Actions and Determinations," of Chapter 52, "Administrative Procedures for the Construction Codes," of the Dallas City Code and Paragraph (2) of Subsection (a), "initiation," of Section 51A-4.703, "Board of Adjustment Hearing Procedures," of the Dallas Development Code.

Sustainable Development and Construction Department- Building Inspection - 320 E. Jefferson Blvd.. Rm. 204 - (214) 948-4320

WINSTEAD Austin Charlotte Dallas Fort Worth Houston San Antonio The Woodlands Washington, D.C.

5400 Renaissance Tower

214.745.5400 MCP

1201 Elm Street

214.745.5390 ',ix

Dallas, Texas 75270

winstead.com

ArtIntl. Anderson Direct Dial! 214.745.5745

April 19, 2012

VIA FAX 214-670-0160

Dallas City Ball Public Information Office Attn. Open Records Project Manager

Re: Buckley Oil Co.

Dear Open Records Project Manager:

Pursuant to the Texas Public Information Act, we request documents and information concerning the City's files related to the Buckley Oil property located at 1803, 1809 and 1811 Rock Island Street ("Property") as follows:

1. All plats approved for the Property and related documents;

2. All building permits submitted and/or approved for the Property and related documents;

3. All certificates of occupancy submitted and/or approved for the Property and related documents;

4. All City Fire Department records relating to the Property;

5. All City Building Inspection records related to the Property;

6. All communications related to the Property other than those to or from the City's attorneys; and

7. All documents relating to complaints, notices of violation, or citations related to all or part of the Property.

I am requesting the information he copied and available to be picked up at your office. Please do not hesitate to contact me should you have any questions. Also, we request physical access to the offices of the Dallas Fire Department and City Building Official to look for these records. I look forward to your prompt response as required by law.

EXHIBIT

I

Public Information Officer April 19, 2012 Page 2 of 2

If you have any questions, please let me know.

Very truly yours,

Arthur J. Anderson

AJA/plg

cc: Chris Bowers, Esq. Andrew Gilbert, Esq.

DALLAS_I 15838993 vi 49784-1

JO number : 029 *** SEND SUCCESSFUL *1, 4'

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tn,viar2012:

To: 92147455390 From; "Garcia, Chanlee" 06/05/12 05:06 PM Page 3 of 4

-0.er

City of Dallas

June 5, 2012

VIA FACSIMILE TO: (214) 745-5390 AND FIRST CLASS MAIL Arthur J. Anderson WINSTEAD, PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270

Re: Fire Code and Zoning Violations at 1803, 1809, and 1811 Rock Island Street. Dallas, Texas (collectively, "the Properties"), owned by Buckley Oil Company ("Buckley Oil")

PURSUANT TO TEXAS RULE OF EVIDENCE 408 — FOR SETTLEMENT PURPOSES ONLY

Dear Mr. Anderson:

This letter responds to your letter dated April 19, 2012, wherein you are requesting additional time to consider the City's settlement proposal. The City's proposal is a fair and reasonable one and it is clear that Buckley Oil is either unwilling or unable to accept the proposal. As such, the City will not provide any additional time for compliance.

The fact that the City has inspected the Properties on many occasions and that there have not been any incidents at the location does not mean that the tanks have been installed legally or that there are no hazards present. To the contrary, Buckley Oil has received notices of violation and has continually failed to remedy the code violations. Please also see the supplemental notice letter that the City is delivering under separate cover to you today.

Additionally, it is clear that Buckley Oil has no intention of ceasing its operations at 1803 Rock Island Street. The City told Buckley to cease operations at 1803 Rock Island because there has never been a certificate of occupancy issued for that location. Since Buckley Oil does not have a certificate of occupancy for this location, Buckley Oil must cease all illegal operations immediately.

Buckley Oil continues to accuse the City of losing permits that Buckley Oil should have obtained when it installed the tanks or other equipment on the Properties. Buckley Oil also claims that permits were not necessary for every tank installed, which appears to he an admission that Buckley Oil did not obtain permits for certain tanks. Buckley Oil's

EXHIBIT OFFICE OF THE CITY ATTORNEY MT' HALL DALLAS, TEXAS 75201 PHONE 214-510.05t I FAX 214 ,570-0822

Opt —Out

To: 92147455390 From: "Garcia, Chanlee" 06/05/12 05:06 PM Page 4 of 4

response apparently indicates it does not have the requested documentation and instead would prefer to blame the City for losing dozens of alleged permits.

Thus, the City has no choice but to withdraw its previous settlement offer and to no longer support a continuance of your Board of Adjustment appeals regarding Certificates of Occupancy at the Property.

incely.

( An) v M)i 12,..._c(

\Assistant ily Attorney

Opt-Out: Not Defined

Ci y of Dallas

June 5, 2012

VIA FACSIMILE TO: (214) 745.5390 AND FIRST CLASS MAIL Arthur J. Anderson WINSTEAD, PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270

Re: Fire Code Violations at 1803, 1809, and 1811 Rock Island Street, Dallas, Texas (collectively, "the Properties"), owned by Buckley Oil Company ("Buckley Oil")

Dear Mr. Anderson:

1 write to express the City's continued concern with the condition of Buckley Oil's Properties. The Properties continue. to remain in violation of numerous City ordinances, many of which create health and safety hazards to the tenants, neighbors, and the general public. In addition to the violations noted in our letter dated February 19, 2009, additional violations are listed below.

Violations of Dallas Fire Code:

1. Failure to provide and maintain approved required transfer and process transfer operations in violation of Section 3406.5.1 through 3406.5.4.4.

7. Failure to separate tank vehicles and tank car transfer facilities by a distance of 25 feet for Class I liquids and 15 feet for Class 11 and liquids from buildings, aboveground storage tanks, combustible materials, property lines, public streets, public alleys or public ways in violation of Section 3406.5.1.1.

3. Maintenance of weather protection canopies within 15 feet of a building or combustible material and within 25 feet of building openings, property lines, public streets, public alleys or public ways in violation of Section 3406.5.1.2.

4. Failure to prevent smoking and open flames around flammable and combustible liquids in violation of Section 3404.2.4.

5. Failure to provide and maintain spill control and secondary containment designed with a capacity capable of containing the capacity of the largest tank compartment located within an area in violation of Section 3406.5.1.5.

6. Failure to provide and maintain foam fire protection for aboveground storage tanks that arc less than 50 feet apart as required by Section 3404.2.9.1.1.

To: 2147455390 From: "Garcia, Ghanlee" 06/05/12 04:53 PM Page 3 of 30

OFRCE OF THE CITY ATTORNEY CITY HALL OALLAZ, TEXAS 7E201 PHONE 214470-3519 FAX 214470-0822

Opt—Out :

To: 2147455390 From: "Garcia, Chanlee" 06/05/12 04:54 PM Page 4 of 30

June 5, 2012 Upplemental Chapter 54 Notice Page 2

7. Failure to prevent the accumulation of static charges during transfer operations as required by Section 3406.5.1.7.

8. Failure to remove ignition sources (such as wiring and electrical equipment) from an area within 25 feet of the loading rack in violation of Section 3406.5.1.7.

9. Failure to provide and maintain all caps or plugs on all points of conection to prevent leaking or spilling of fluids from transfer pipes in violation of Section 3406.5.3.1

10. Failure to provide and maintain shutoff valves to isolate portions of the piping system (specifically piping passing through fire rated walls) in violation of Section 3406.5.3.1.1.

11. Failure to provide separation of tanks containing Class I or H liquids that are compacted in three or more rows or in an irregular pattern in a diked area in violation of Section 3404.2.9.5.2

12, Failure to provide guard posts or other approved barriers to protect piping, valves, or fittings from vehicle impacts in violation of Section 3403.6.4.

13. Failure to provide and maintain normal and emergency vents to discharge vapors outside and 5 feet away from the building openings and property lines in violation of Section 3404.2.7.3.3.

14. Failure to provide and maintain labels and placards identifying the materials within all permanently installed or mounted tanks having more than 100 gallons in capacity for the storage of Class 1, II, or 1111A liquids in violation of Section 3404.2.3.2.

15. Failure to demonstrate compliance with the National Fire Protection Association ("NFFA") Standards pertaining to flammable and combustible liquids and indicate the standard used as a basis of design in violation of Section 3404.2.7.

16. Failure to provide and maintain overfill protection for all tanks with a capacity in excess of 1,320 gallons in violation of Section 3404.2.7.5.8.

17. Failure to provide and maintain diked areas surrounding a tank or group of tanks in violation of Section 2704.2.2.

18. Failure to provide and maintain spill control for outside use, dispensing, and handling of flammable and combustible liquids in violation of Section 3405.3.8.1 through 3405.3.8.3.

19. Failure to provide and maintain proper weather protection for outside storage as required by Section 2705.3.9.

20, Failure to provide and maintain proper storage of Class 1, IT and IRA motor fuel as required by Section 2206.2.3.


To: 2147455390 06/05/12 04:54 PM Page 5 of 30

From: "Garcia, Chanlee"

June 5, 2012 Supplemental Chapter 54 Notice Page 3

21. Failure to maintain a method of normal and emergency venting as required by Section 3406.2.4.2.

22. Failure to provide and maintain secondary containment in violation of Section 2206.5,

23. Failure to provide and maintain tank with top opening only or elevated for gravity discharge as required by Section 3406.2.5.

24. Failure to provide motor fuel dispensing facilities with guard posts to protect against impact by a motor vehicle as required by Section 2206.4.

25. Failure to provide adequate overfill prevention in violation of Section 2206.6.2.3 for motor fuel-dispensing liquid storage tanks.

26. Failure to provide proper fill-pipe connection in violation of Section 2206.6.2.2.

27. Failure to provide a spill container for each spill connection as required by Section 2206.6.2.6.

28. Failure to post warning signs and idenfication signs in the fuel-dispensing area that clearly identify hazards in accordance with Section 2205.6.

29. Failure to provide dispenser hoses and breakaway devices meeting the requirements of Section 2206.7.5 and 2206.7.5.1.

30. Failure to provide an approved anti-siphon device in each external pipe connected a tank when the pipe extends below the level of the top of the tank in violation of Section 2206.6.2.4.Failure to demonstrate acceptance testing of tanks prior to being placed into service in violation of Section 3404.2.12.2.

31. Failure to demonstrate tanks have been placed into service with testing done in accordance with Section 4.4 of NFPA 30 and as required by Section 3404.2.12.2.

32. Failure to demonstrate that piping has been pneumatically tested at 110% of the maximum anticipated pressure or hydrostatically tested at 150% of the maximum anticipated pressure and that all piping, valves, fittings, and ancillary equipment for use with flammable or combustible liquids has been tested in accordance with Section 3403.6.2, Section 2206.6, and NFPA 30.

33. Failure to provide adequate fire department access roads and fire hydrant availability as required in Chapter 5, Section 3403.2.2., and Section 3504/.2.

34. Failure to provide an emergency disconnect switch for external fuel dispensing operations within 100-feet of, but not less than 20-feet from, the fuel dispensing area in violation of Section 2203.2.

Opt—Out: Not Defined

To: 2147455390 06/05/12 04:54 PM Page 6 of 30

From: "Garcia, Chanlee"

June 5.2012 Supplemental Chapter 54 Nance Page 4

Copies of the ordinances cited above have been attached to this letter.

This letter does not contain a complete list of all of the violations. The City reserves the right to supplement this notice and the other notices with additional violations to ensure compliance with all other provisions of the Dallas City Code.

Please note that a suit may be filed in District Court or Municipal Court requesting injunctive relief if you fail to lake all actions necessary to remedy the ordinance violations on your Property. This suit will ask the court to order repair and additional relief. Also, note that we may seek civil penalties of up to $1,000 a day for each violation. Remedies may he requested under other law if necessary and appropriate.

If you have any questions or wish to discuss these matters further, I can he reached at 214-671-8273.

Sincere V.

Andrew Iv . Gilbert Assistant City Attorney

Enclosures


b i M

EXHIBIT

INDUSTRIAL INSPECTION REPORT

11""2'.1 WY OP 0.4.1AS

SWMS Facility ID# 679

INSPECTOR MO/DAY/YR SIC CODE SECTOR TPDES PERMIT # MAPSCO

Daniel Cavazos 5/23/2012 5169 P WQ000466300 45Y

NAME & ADDRESS OF FACILITY REPRESENTATIVE ENTRY TIME EXIT TIME SARA SR Number

Buckley Oil Co

1809 Rock Island St

Dallas, TX 75207

Linda Henry 01:00 PM 02:00 PM YES

TITLE TPDES Yes WO

Facilities Coordinator ADDITIONAL EMAILS

EMAIL SITE REPRESENTATIVE •[email protected]...

PHONE 2144214147 LATITUDE 32.453554

FAX LONGITUDE -96.475204 Follow Up Date

SWP3 Not Reviewed Enforcement Action E Nov Issued 7 Sampling NOV E Photos Included r*7

Compliant at time of inspection E Inaccessible E Correction Checklist Included

FACILITY PROFILE

Facilities Physical Description:

Facility Manufactures or performs:

Facility has 2 addresses, the main address is 1809 is bulk storage and tanks. 1811 is warehouse and office.

Bulk distribution of solvent and oils.

SPCC:

o Signed/dated by P.E

o Within 5 years of Date

Has current SPCC signed July 12,2010.

SARA: o Chemical/volume of chemical on site

o Manufactured, process. or otherwise use

o Storage area/packaging

o Form A or R

o Waste treatment/Disposal

'Form R report available at the time of inspection.

Select...

' ....._...._ ..

0414:C.A",„ el_ NV- 5/23/2012 5/23/2012

Signature of Specialist Date Signature of Recipient - Date

Phone 1214-948-4022 Fax 1214-948-4076 !Email: SlorrnMilenThDallasCitvHall.com

EXHIBIT

ITEMS CHECKED REPRESENT DEFICIENCIES THAT NEED TO BE CORRECTED and/or IMPLEMENTED. City of Dallas Storm Water Management Section (SWMS)

0 C C v NC= Non- Compliant, NOV= Notice of Violation, C= Citation, 0-Outside Complaint

Meet TPDES multi-sector general permit coverage or exclusion from permit coverage.

Send Notice of Intent (N01) to Texas Commission on Environmental Quality (TCEQ) within 7 days of development of certified SWP3. Provide copy of NCI delivered via certified mail to SWIMS within 7 days of submittal to TCEQ. (Must develop SWP3 before submitting NOL)

E Develop Storm Water Pollution Prevention Plan (SWP3) within days from date of ICA.

Provide electronic copy of SWP3 to SWMS within 35 days of date of ICA. via certified mail, with paper copies of signatory pages.

Obtain exclusion from permit coverage by filing a Conditional No Exposure Certification

{NEC) within days of ICA.

Fife NEC with TCEQ and send via certified mail a copy of the completed conditional NEC to SWMS

Update SWP3 within days from date of ICA.

3. • All required samplininOt performeclintccoiciince with iheiPbES permit requirements and city ordinance. Data must be submitted to MS4 operator.

1- Submit Benchmark data to MS4.

semi-Annual r Quarterly rMonthly

IT Submit Annual Hazardous Metal data andforwarver to MS4.

F Additional Sampling Required

Periodic, Quarterly, and Annual inspections not performed per TPDES permltrequlrernents.

: BMPs implemented and/or utilized at facility (see additional comments). : Disposal and/or recyding records (.e. manifests, trip tickets) not aviitable upon request.

Copies of disposal/transportation manifests delivered to the SWMS within 7 days of proper disposal.

E Soil and/or E Wastewater

r Other (specify) 7

'Spill Prevention & Countermeasure Plan (SPCC Plan) Is required, but is not available upon request

IT Review and evaluation of SPCC Plan within last 5 years

Develop written protocol for containing, cleaning, and proper disposal of all spills and train all employees within 30 days of ICA.

8. Spills observed and/or detected.

r- Spill response to be performed by in-house response team immediately.

Remediation dean up is required; scope of work must be submitted for review to SWMS prior to commencement of remediation.

E Soil remediation or dean-up must commence within days from date of ICA.

IT Surface remediation or dean-up must commence within days from date of ICA.

Groundwater remediation or dean-up must commence within days from date of CA.

Install secondary containment

1- Bulk liquid storage tanks

I— 55-gallon barrel storage

r Other (Specify) '

!Properly label all containers, vessels, and/or drums.

• Ceasenon-storm water dischaige and/or illicit discharge. No effluerrUhquid or solid waste may enter the Municipal Separate Storm Sewer System (MS4).

I— Discharges to be sampled by facility, sent to an outside certified lab, and analyzed as per Environmental Protection Agency (EPA) Standard Methods.

Smoke and/or dye testing to establish absence/presence of illicit connections to the storm drain system, or provide engineering schematics.

Wdhin 30 days of the ICA. Provide SWMS with results.

I— Contact City of. Dallas Water Utilities Pretreatment Division.

1. r '

E-1— :17

r r r ir-

-• I

r-

r ;

- 4

13. Perform additional analytical sampling in accordance with permit requirements

Number of defined rain events to be sampled initially, Plus;

1 Number of quarterly periods to be sampled

Sampling to be conducted by an outside agency

r Sampling within aQ days of the date of the ICA. provided a defined rain event

r 14. Perform toxicity testing by EPA Approved Methods.

I Number of rainfall events to be sampled initially, Plus -,

=Number of quarters to be sampled

7 Sampling to be conducted by outside agency„

r Ilfiot discharges to be sampled.

r- r r 15 'Provide documentation of compliance with State/Federal Underground Storage Tank (UST) regulations.

• r r r- 16" Control sedknent and suppress dust within days of the date of ICA.

✓ r 1 T., Proper disposal of and containment of solid waste (i.e. trash, litter, debris).

✓ r 18. ,Storm Water Training to be conducted and documented for all employees._

r All training to be conducted 30 days of the ICA, copies of attendees and training outlined and sent to SVVMS within 10 days from completed training.

7' 1—

✓ ; r ; 19. Material Safety Data Sheets (MSDS) available upon request.

1— r-- r-- Other

Provide documentation of coifectei, deficiencies above to the slims with in 30 days.

Provide a schedule for implementation of corrections of deficiencies to SWIMS.

FAILURE TO COMPLY WITH THE FINDINGS OF THIS INDUSTRIAL CORRECTIVE ACTION (ICA) MAY RESULT IN POSSIBLE ENFORCEMENT ACTION. ANY EXTENSION OR VARIATION TO ANY CITY OF DALLAS MANDATES LISTED IN THIS ICA MUST BE REQUESTED IN WRITING PRIOR TO THE LISTED DUE DATE. EY'S OFFICE.

Compliant Photos

The area is self contained and has storm water tanks and filtration system.

_ Any discharge is first sampled before release to Able Sump.

Oil Water separator.

Discharge point before for oil water separator discharge valve.

*Individual permit was renewed March 29, 2012. Expires 12/1/2016. *Reviewed the DMR for March 2012. According to Linda Henry, analytical results are submitted to Meigan Collins with the City of Dallas. *There are no mandated inspections but they do have an SPCC plan with BMPs and inspection process. *The site is totally contained and does not discharge. There are oil water separators with a sand trap for grit. The site also has 2 storm water tanks that hold 11,760 gallons each. Incidental water that is captured during normal rain events are recycled and used for power washing. In the event a significant rain event occurs and water from the tanks discharge a sample is taken and a DMR is sent to the state and a copy of results are also sent to Storm Water Management.

Site:

Site looks good and there are no issues.

Sketch Area - Not drawn to scale

Name and Address of Facility

Buckley Oil Co;1809 Rock Island St Inspection Date

5/23/2012

Inspection Notes

ale

City of Dallas

APPLICATION/APPEAL TO THE BOARD OF ADJUSTMENT

Case No.: BDA /0/ 068

Data Relative to Subject Property: Date:

Location address: I •eccIA IsL.J Zoning District: Fit

Lot No.: 1 5 * Block No.: 13 /110- Acreage: 0.91 Census Tract: DO 31.0D

To4 lt• r Street Frontage (in Feet): I) 10 2) 3) 4) 5)

To the Honorable Board of Adjustment :

Owner of Property/or Principal: Su.e-Nt..Le.../ 0 ∎ 1

Applicant: (.1)i 4C-4.4 'Pc, Telephone: (2 14) 741S- ''S'1214

Zip Code: ?St4e,

Represented by: Telephone:

Mailing Address: Zip Code:

Affirm that a request has been made for a Variance or Special Exception of e.‘ t km414te,-s PA 4.1 ett-c.: ; 04- •4 rnroke. *las ca,e4-;

to6r.. r on- 1634

2-c+ 2 I. Applica ion is now made to the Honorable Board of Adjustment, in accordance with the provisions of the Dallas Development Code, to grant the described request for the following reason: 77k ; c12414 444/ -4r )44 e_414-0.1,p 1;,44.0, e.# KANAA.A..f &LI r of VA/ 44K $

4)11.; et:itt-Iti

Note to Applicant: If the relief requested in this application is granted by the Board of Adjustment, said permit must be applied for within 180 days of the date of the final action of the Board, unless the Board specifically grants a longer period.

Respectfully submitted: Arp44

Applicant's name printed

icant's signature

Affidavit

Before m e undersigned on this day personally appeared '"te-o',KfjYjI71 17 who on (his/her) oath certifies that the above statements are tru and correct to his/her best knowledge and that he/she is the owner/or principal/or authorized representative of the subject property.

ant (Applicant's signature)

Subscribed and sworn to before me this n

day of , 211 /

Mailing Address: Mol

s4

PAGET L. GRIMES NOTARY PUBLIC

(Rev. 48-10- STATE OF TEXAS

B DA 101 -06 _

6 Cain. Exp. 08-26-2011

r Dallas County, Texas

EXHIBIT

r ./...Git/t..

Notary PEiblic in and

5-8

Affirm t412; a request as been ade for a Variance _, or Special Exception , of ,

0•4. Msy 'Zen! Application is now made to the Honorable Board of Adjustment, in accordance with the provisions of the Dallas Development Code, to grant the described r quest for the followin reason:

1

"44 _5;

Before me who one knowleci e property.

his/her) oath certifies that the above statements are true a ,fid correct to his/her best and that he/she is the owner/or principal/or authorized representative of the subject

undersigned on this day personally appeared

PAGET L. GRIMES NOTARY PUBLIC STATE OF TEXAS

my Govsm, Exp. 08-26-2011

/N. ta P blic in .nd for Dallas County, Texas

6-8

EXHIBIT (Rev. 05- BDA 101-069

111,41)

City of Dallas


Case No.: BDA - 069 Data Relative to Subject Property: Date: 6-3-11

Location address: ?-04t- s+. Zoning District: 2:4 Lot No.: iScl- Block No.: 73 I 73 q2. Acreage: 0.71 Census Tract: 64 13 • O'D

Lef / Street Frontage (in Feet): l) 2) 3) 4) 5)


Owner of Property/or Principal: EL...401 cr. 1/ Applicant:

Mailing Address: IZo/ 6/11 ,ii,;k s2100

Represented by:


Respectfully submitted: I eqk AtLi 14-61,a 0- Applicant's name printed

41

Ape): nfs signature

Affidavit

Telephone: (2/4) 741,r,5-9Z4 Zip Code: .75

Telephone:


ant (Applicant's signature)

Subscribed and sworn to before me this VI day of

a

Affirm that a request has been made for a Variance , or Special Exception 0:*

- NRIMMOWILIMPTOO

•

EXHIBIT

Notary /Pu is n and r Dallas County, Texas

7-8

PAGET L. GRIMES NOTARY PUBLIC [:

STAR OF TEXAS '!‘ My Germ. Exp. 08-26-2,'I1)

(Rev. 08- 0-0 BDA 101-070

Data Relative to Subject Property:

Location address: 12)03 lks,44. T6(..c.not St- .

Lot No.: .R.14- Ve, Block No.: 9S 113 42. Acreage: O. S Z

Street Frontage (in Feet): 1) qp i 2) 3)


Owner of Property/or Principal: 'Su Le.-6 CrK

Applicant: 1—ersok.#..,,i t,..) v%41,44.44 Telephone: (4,1)7 1s--S?24

Mailing Address: 12 o 1 Elm, St.. ‘4:01.e__ 540o Zip Code: ?S2:70

Represented by: Telephone:


City of Dallas


Case No.: BDA /0/ 070

Date: 6 -3 "//

Zoning District: ?b 764

Census Tract: Ob33 zo

4) 5)

Application is now made to the Honorable Board of Adjustment, in accordance with the provisions of the Dallas DevelopLit Code, to grant the described request for the following reason: I 17.4 G. 71.1st IV 01241 11 4/ Got./ 4. ( ••// e.4e ; sq..

y 4 ".(4.4 44 t P7 /1 1,4*/ 74415 4,10 edit


Respectfully submitted: OM M. l.' Itikv■- Applicant's name printed ant's signature

Affidavit

Before me who on

knowle

property.

t • undersigned on this day personally appeared ---Tirnrof ii') er) oath certifies that the above statements are tru nd correct to his/her best

and that he/she is the owner/or principal/or authorized representative of the subject

nt (Applicant's signature)

Subscribed and sworn to before me this

day of c JUR e-2 , -(2//

( ped- y /01 A1 4414 ?, 714,e

Documents

Buckley Oil v City of Dallas