Dallas Council Members Blast DART Sales Tax Plan

Dallas City Council Members Tuesday blasted DART officials over what they called a “bait and switch” scheme for use of sale tax money Dallas residents have already paid.

The dispute is connected to the construction of the new Silver Line rail transit project to link Plano with Dallas-Fort Worth International Airport, running through North Dallas.

It boiled up Tuesday at a joint meeting of the Dallas City Council Transportation Committee and the DART Board of Directors.

The Silver Line is a design-build DART project with contractors already working on construction while portions of the Dallas design are still unfinished.

“In my experience as a professional engineer I’ve never seen a project have to revisit so many issues at this stage of design,” DART President Nadine Lee said.

Disputes along the Dallas path have centered on city requests over storm drainage, traffic safety and noise concerns for trains that will run beside homes.

“We were told if we wanted our permit, we were going to have to do this. We were under the gun. We had to move our project forward as quickly as possible. Our understanding was that accepting some of these things would move our project forward, which it did not do. Shame on us for thinking that. However, this money is over and above what’s required for the project,” Lee said.

Dallas City Manager T. C. Broadnax denied any such ultimatums about permits.

“Those are not the kind of statements and or the approach that I’ve ever taken, nor my staff would take with a partner, to threaten them with non-issuance of permits,” Broadnax said.

DART gets some operating money from rider fares but most come from sales taxes in Dallas and 12 other DART cities.

DART has seen a windfall in sales tax money, so the transit agency agreed to give some back to each member city for transit-related work.

Dallas was promised $111 million. Dallas officials came up with a list of things like bus shelters to be improved around the city.

Now, DART insists that at least $36 million of the sales tax rebate, and maybe more, be spent on the Silver Line issues blocking construction permits, instead of DART paying for those things.

District 12 City Council Member Cara Mendelsohn represents neighbors closest to the rail construction.

“It’s outrageous to think that DART would be the judge and jury if there’s a delay or if something is appropriate,” Mendelsohn said. “I’m just absolutely shocked that you would then try to take back sales tax money for things that were actually necessary.”

Mendelsohn had support from Broadnax in the showdown with DART leader Nadine Lee over the new sales tax restriction.

“I do not believe that one, it’s a partnership move you should want to do. And it’s not fair to this council. And I think a little disturbing and something I would never do,” Broadnax said.

Other City Council Members chimed in complaining about the DART request.

“Overall, this puts a bad taste in my mouth. And it puts a bad taste in my mouth because we’re supposed to be partners,” Councilman Adam Bazaldua said. “I don’t believe that we owe you anything. We have the most members on your board. We give you the most revenue for your operating budget every year.”

Council Member Jaynie Schultz said she was blindsided by the DART request.

“This is not a District 12 issue. This is a Dallas issue and so we all have to stand behind it and figure out how we’re going to move forward,” Schultz said.

City transportation officials said they will sit down in the same room with DART engineers and work out the design details instead of going back and forth with messages.

"That is the plan to move these items forward to stop moving the goalposts," Assistant Dallas City Manager Robert Perez said.

Separately, Transportation Committee Chairman Omar Narvaez said he is forming a “working group” of several council members to negotiate policy issues with DART.

District 12 Council Member Mendelsohn was not selected to be a member.

“I don’t think most of the people you’ve just nominated know the area the way I do, and I’d like to be part of this committee,” Mendelsohn said.

“I appreciate your request and I’ve already made my decision on who I’d like to put on the working group. Thank you,” Narvaez said.

Later Mendelsohn said she will stay involved in the Silver Line project outcome for her district.

All 13 DART member cities were offered some amount of excess sales tax reimbursement from DART.

The issues are not yet resolved.