Beruflich Dokumente
Kultur Dokumente
IRVING, TEXAS
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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, June 23, 2010 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS
Invocation
Pledge Of Allegiance
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
CONSENT AGENDA
3. Approving Minutes for Wednesday, June 09, 2010
Recommendation
The resolution be denied.
25 Mayor’s Report
26 Adjournment
Citizens’ Forum
Citizens are invited to speak for three (3) minutes on matters relating to City
government and on items not listed on the regular agenda.
Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal Year
Budget
DISCUSSION:
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. In accordance with the Fiscal Year 2010-2011 Budget Calendar, a public hearing
has been scheduled for the June 24, 2010 Regular Council meeting to receive
input. This is the third and final notice to be posted.
3. The notice of the hearing has been published in the legal section of the Irving
Rambler, and the Corporate Communications Department has released this notice
to the local media.
Recommendation
Input be taken under advisement.
ATTACHMENTS:
REVISION INFORMATION:
Prepared: 6/1/2010 10:06 AM by Shelle Womack
Last Updated: 6/1/2010 10:07 AM by Shelle Womack
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The Irving City Council met in work session June 9, 2010. The following members were
present/absent:
DISCUSSION TOPIC
1 Introduction of City Council Cycle Participants
Linda Murray, Executive Assistant, introduced the following City Council Cycle participants:
Carol Boyer, ICVB Office Manager
Nancy Webb, Water Customer Service Supervisor
Charles Cotten, Principal, CSE Commercial Real Estate - Mr. Cotten gave a background on
the project, indicating that there will be three key components of success for this venue: 1)
public spaces, 2) restaurants, and 3) a concert hall. The venue will allow for major festivals,
secured and controlled access, adequate, affordable and accessible parking as well as quality
food and entertainment. The Entertainment Venue is said to increase revenues to the
Convention Center as well as occupancy and demand for the hotel that will be associated with
the Irving Convention Center. A public referendum to authorize hotel revenue tax and project
specific parking and ticket tax was held and passed by 66% of the voters in November 2007.
A development agreement and lease was formed between the City and Las Colinas Group
(LCG) in December 2008. Mr. Cotten confirmed that the planning and design phase of the
project is almost complete; the next phase includes financing discussions before construction.
The Team plans to open the Entertainment Venue Summer 2012.
Steve Croxton, Managing Director, Jeffries & Company - Mr. Croxton provided an overview of
the financing for the project. Jeffries & Company has been retained by the Las Colinas Group
(LCG) to raise $50 million in private equity financing. They have conducted initial due
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diligence in partnership with management counsel and LCG’s various partners and third-party
consultants. The company is currently drafting marketing materials to capture interest of
potential investors, is managing the investor diligence process and will negotiate optimal
transaction structure between parties within the allocated timeframe provided.
Mr. Croxton defined the risks that have been assessed quantitatively and operationally.
Quantitatively, construction is one of the highest elements of risk, but he noted that the City
and its partners have gone to great diligence to mitigate construction delays through the
design process. Operationally, the question is “When you open the Venue will they come?”
The Innovation Group has examined the market demographics and according to Mr. Croxton,
based on that examination, the Team believes people will come to the Venue.
Mr. Croxton stated that there is flexibility in the financing range, but if significantly more
financing needs to be raised, the Team will need to re-evaluate the financing numbers. He
noted that the projections are based on a five-year time frame which includes the initial ramp
up and stabilizing years with 30% expected rate-of-return for investors.
Mayor Gears noted that the City will maintain ownership of the property and the investors are
receiving a financial return.
Michael Soll, Executive Vice President, The Innovation Group - Mr. Soll indicated they are an
international feasibility and assessment group. The Innovation Group was tasked with the
following: 1) a feasibility assessment/validations, and 2) a projected tax revenue estimate for
the proposed mixed use entertainment development which would include a variety of
restaurants, several live entertainment facilities and a small retail segment. Their approach
and methodology was to examine the key areas of interest to include food and beverage,
entertainment, suites and hotel villas, sponsorship and retail.
Mr. Soll stated that the food and beverage interest is important to the overall viability of the
Venue and described the meal time analysis for lunch and dinner visitors per square foot.
He also gave a financial comparison of the planned projections and The Innovation Group’s
evaluation for cash flow and revenue, noting a $14 million difference in the two projections.
Councilman Philipp asked how the City’s alcoholic beverage ordinance for restaurants
affected the food mixed beverage calculations and questioned the penetration rate.
Mr. Soll confirmed that the projections include both inside and outside of the venue
restaurants, noting that the proposed restaurants are eating venues before drinking venues.
Mayor Gears stated that all restaurants outside of the venue must comply with the alcoholic
beverage ordinance for restaurants which details that at least 60% of sales must be from food
and no more than 40% of sales may come from alcohol sales.
Mr. Soll confirmed that 12 outlets including street vendors are planned.
Councilman Santoscoy questioned the viability of 220 event nights and noted his concern with
the naming rights revenues projected in today’s economy.
Mr. Rittvo, Director, Food and Beverage Division, The Innovation Group, stated that they
looked at comparable venues, with dual scale events, and confirmed that 220 events is
reasonable, noting that some of the additional nights include smaller acts, charitable events,
etc.
Councilman Philipp asked what contingencies were reviewed and put into place in the event
of economic down turns.
Mr. Garza stated that the Team looked at the developer’s projections, an ERA study, revised
projection by The Innovation Group and stress tests. He noted that the scenarios will show
downward trends that can be withstood before the contingencies will be affected.
Lance Etcheverry, Managing Director, J.P. Morgan Securities Inc., presented two scenarios to
fully fund the Venue project using Brimer tax and state tax with the use of Hotel Occupancy
Taxes (HOT) as cushions.
Mr. Etcheverry described Scenario 1 as three series of bonds for 40 years with an average
cost of 8.5%. He summarized the bond funding, noting that the funding is limited to Brimer
HOT with one unrated bond. He gave an overview of the impact on the city for bond A.
Councilman Stopfer questioned the validity of the current PKF Consulting study and their
projections.
Mr. Etcheverry described the most recent PKF Consulting study, noting the reserves and
contingencies are based on the current projections and coverage levels. He then described
Scenario 2, noting this option maximizes use of tax-exempt debt, does not included an
unrated bond, and is a 30 year debt service. He summarized the financing and described the
debt service schedule.
Mr. Etcheverry stated that they recommend Scenario 2 which maximizes the use of tax-
exempt debt with the least cost while minimizing the risk of the 7% HOT.
Mr. Garza suggested an alternate payment structure which makes interest only payments
first, making obligations to use revenue stream lower and pay off as much as possible in year
10 to mitigate possible down turns in the economy.
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Mayor Gears clarified that no city funds have been contributed or invested in this project. He
confirmed that the 2% HOT can only be used on this project, the remainder being extracted
from revenue collected from operating the venue. Although the city has invested $0, the city
will get revenue annually and the project will increase property values. Mayor Gears stated
that no issues with the city’s budget can be fixed with the Entertainment Venue as most
revenues, legally, are only available for the Venue and may not be used to supplement the
convention center budget. He stated that the Council needs to decide if we believe the
projections.
Brenda McDonald presented the following timeline for future Entertainment Venue
Upon reconvening Councilman Smith was absent for the remainder of the meeting.
City Source Video: Irving Fire Fighters provide assistance to the Special
Olympics Games
Mr. Gonzalez also announced that the Irving Police Department had the most
participants in the MADD walk-a-thon. He applauded all departments for their
participation and volunteerism to the community.
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Ken Bloom, Chief Planner, presented the temporary use permit request for a
farmers market at the Irving Mall, noting the staff’s support of this will generate
needed consumer traffic at the location.
Mr. Bloom presented the sign permit request for Race Trac and has indicated
that the applicant has agreed to lower the sign from its originally requested 9
feet in height to 7 feet, 10 inches. Staff recommends approval.
Mr. Bloom presented the sign variance request at Drury Inn on SH 183. He
noted staff cannot support this request due to the extreme variance requested
which does not match surrounding properties. Mr. Bloom also stated that the
property owner has been compensated for the pole sign by TxDOT. Staff is
requesting denial of the applicant’s request.
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EXECUTIVE SESSION
Council did not convene into executive session during today’s meeting.
ATTEST:
______________________
Shanae Jennings, TRMC
Acting City Secretary
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The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, June 10, 2010. The following members were present / absent:
Fran Bonilla, 401 E. 7th Street, Irving, TX - Ms. Bonilla invited everyone to Public
Servant Day at First Methodist Church this Saturday, it begins at 9:30 a.m.
INVOCATION
The invocation was delivered by Reverend Lari Goold of Celebration of Life Church.
PLEDGE OF ALLEGIANCE
1 Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal Year
Budget
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Activities which are occurring within and around the City of Irving.
Channel 4 Good Day video about the opening of the new aquatics center.
Joe Mapes, 5104 N. Main Street, Euless, TX requested to speak on items 15-25
before they were approved for final reading.
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Holly Conner, 3880 Irving Mall, Irving TX and Vincent Hirth, 3206 Christie Circle,
Garland, TX - They both represent the Farmers Market requesting to be brought
to the Irving Mall. They expressed that this is a clean market, not a flea market,
and that they are excited to be bringing healthy and fresh produce and products
to the mall.
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The following individual did not wish to speak but signed up in support of this
item:
RESULT: ADOPTED [8 TO 1]
MOVER: Lewis Patrick, Councilman
SECONDER: Allan Meagher, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Smith, Cannaday, Santoscoy,
Gallaway
NAYS: Joe Philipp
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RESULT: ADOPTED [8 TO 1]
MOVER: Roy Santoscoy, Councilman
The applicant has requested that this item be postponed to the June 24, 2010
City Council meeting.
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31 Mayor’s Report
Mayor Gears reported a great work session occurred yesterday and reminded
everyone who wishes to vote in the runoff election for District 7 to get out and
vote.
32 Adjournment
Citizens’ Forum
No one elected to speak at tonight’s citizen forum.
ATTEST:
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City Council Meeting
June 10, 2010
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Minutes Acceptance: Minutes of Jun 10, 2010 7:00 PM (CONSENT AGENDA)
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ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: Karen Brophy
Previous Action: N/A Council Action: N/A
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REVISION INFORMATION:
Prepared: 2/18/2010 12:24 PM by Anita Gomez
Last Updated: 6/16/2010 02:48 PM by Jennifer Phillips
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CITY OF IRVING
WHEREAS, the City of Irving purchased two single family homes on Canyon Oaks and
Sunnybrook Drive in 2008, with bond funds from the 1999 drainage bond authorization for drainage
improvement purposes; and
WHEREAS, a portion of the land was used to remove a hazardous drainage condition and
improve the storm water drainage system along Delaware Creek; and
WHEREAS, the project is now complete and the remainder of the real property is no longer
needed for drainage improvement purposes; and
WHEREAS, the City has a need to use the remaining real property to serve the public purpose
of public open space;
SECTION I. THAT the approximately 1.43 acre tract, located in the 1700 block of Sunnybrook
Drive in Irving, Dallas County, Texas, and more particularly described in attached
Exhibit A, is hereby found to no longer be needed for drainage improvement use.
SECTION II. THAT the approximately 1.43 acre tract is hereby found to be immediately necessary
to meet the public need of beautiful neighborhoods by providing the recreational
opportunity of public open space.
SECTION III. THAT approval of this resolution is a necessary step in the construction of a new
public open space, as approved in the Strategic Plan.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: Kuruvilla Oommen
Previous Action: Resolution 6-4-92-269 Council Action: Approval of Resolution
REVISION INFORMATION:
Prepared: 5/24/2010 04:45 PM by Christie Williams
Last Updated: 6/17/2010 10:50 AM by Belinda Rowlett
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CITY OF IRVING
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Michael Griffith
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
Grant Agreement (PDF)
Urban Forestry Partnership Grant Program 2010 Application (PDF)
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REVISION INFORMATION:
Prepared: 6/8/2010 04:26 PM by Durenda Pena
Last Updated: 6/16/2010 11:39 AM by Durenda Pena
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CITY OF IRVING
SECTION II. THAT the City Council hereby approves, if awarded, the acceptance of the Urban
Forestry Partnership Grant Program funding and authorizes the Mayor to execute any
resulting grant agreement for receipt of said funds upon approval by the City
Attorney.
SECTION III. THAT the grant will be paid on a reimbursement basis with the City providing a
$10,000.00 match for a total of $20,000.00 that will initially be charged to Account
No. 1001-0751-56410-500.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Grant Agreement (3407 : 7 Agmt COI and Texas Forest Service)
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7.a
GRANT AGREEMENT
Article 4. The Grantee must provide the TFS with an official resolution
passed by its governing body that authorizes its representative to execute
any agreements associated with this grant and commits the organization to
the matching contribution as proposed in the grant application and listed
above.
Attachment: Grant Agreement (3407 : 7 Agmt COI and Texas Forest Service)
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Article 8. The State Forester and the Comptroller General of the United
States, or any of their authorized representatives, shall have the right
of access to any pertinent books, documents, papers, or other records of
the Grantee which are pertinent to the grant in order to make audits,
examinations, excerpts, and transcripts.
Article 9. (For tree planting projects only.) The Grantee must provide
the TFS with a resolution or letter from the governing body of the entity
that owns the property where the trees are to be planted. This document
must grant permission to the Grantee to install this planting and commit
to providing reasonable protection for the trees.
Article 10. (For tree planting projects only.) Exhibit A (Tree Planting
Maintenance Specifications), attached hereto and incorporated for all
purposes, must be followed and will be used by the TFS to measure
performance by the Grantee. Trees must be maintained for three full years
following planting. The Grantee must replace any dead trees within the
period of this Agreement if the number of live trees falls below 90% of
the original number planted and included in project cost reports.
Article 11. If a Grantee materially fails to comply with any term of this
award, as stated above, the TFS may temporarily withhold cash payments
pending correction of the deficiency by Grantee, disallow all or part of
the cost of the activity or action not in compliance, wholly or partly
suspend or terminate the current award for the Grantee, withhold further
awards for the program, demand repayment of the grant, or take other
legally available remedies.
Attachment: Grant Agreement (3407 : 7 Agmt COI and Texas Forest Service)
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Article 12. The Grantee may terminate this entire Agreement, without
cause, prior to the expiration of the grant period, upon thirty (30) days
written notice. Upon cancellation of this Agreement and release or return
of the unexpended grant funds, the Grantee is fully released of all
obligations under this Agreement.
Article 13. To the extent permitted by the laws and constitution of the
State of Texas, the Grantee agrees to hold the Texas Forest Service (TFS)
harmless from any injury to person or property occurring in connection
with project operations by Grantee, its agents, or employees.
Grantee:
Signature
tie
Organization
Date
Grantor:
Tom G. Boggus
State Forester
Texas Forest Service
Date
Attachment: Urban Forestry Partnership Grant Program 2010 Application (3407 : 7 Agmt COI and Texas
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972-721-8077 office
469-446-4288 cell
mgriffit(cityofirving.org
Tax Exempt: #75-6000566
The purpose of this project is to perform a public tree assessment on our major medians
and Rights of Ways in order to quantify the environmental and social benefits of the
urban forest in Irving. This will also develop and prioritize the Management Plan by
evaluating the risk factors as it relates to species, condition and site location. The tree
assessment is utilizing the ISA Best Management Practices for the tree inventory. The
tree data will be collected and stored within the city’s “City Works” Program with a GIS
platform including GPS data points for each tree. The inventory system will be used to
develop a work order system that will record the history of the maintenance performed on
each tree.
In 2009 the Mayor, City Manager, and City Council endorsed support of preservation and
improved maintenance for our Urban Forest in Irving Texas. They directed the Parks and
Recreation Department to track and implement a forestry program that would certify the
city to become a Tree City USA community. In doing so, the City Arborist (Mike
Griffith), assisted in creating the Tree Board and the Tree Ordinance to facilitate that
requirement. As a result, Irving was recently certified as being a Tree City USA
community.
Our Mission is to inventory all of the “public” trees on our Medians and Rights of Way to
assist us in developing an Urban Forestry Management Plan. The city’s focus is the
enhancement of our major corridors throughout the city. This will also contribute to the
City’s Vision and Mission of being a model city with safe and beautiful neighborhoods,
and the promotion of a higher quality of life for its residents, visitors and businesses.
Attachment: Urban Forestry Partnership Grant Program 2010 Application (3407 : 7 Agmt COI and Texas
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The long term benefit of this project will lead to a stronger community involvement
towards tree care and their benefits. The inventory will identify where hazardous trees are
located for their removal, as well as the need to replace and install new trees to strengthen
our Urban Forest.
The data collected will also utilize the ‘i-Tree Streets’ management program to obtain
the “cost benefit analysis” of our Urban Forest. With the interest of community
involvement from our tree assessment, we should be able to continue our inventory
throughout the city.
The Irving Tree Board is made up of members of Keep Irving Beautiful, the Green
Advisory Board and the Park and Recreation Board. We have a well rounded group
that is very excited about this project and what it will lead to. They have committed to
assist and promote the development of the new Tree Fann in which we plan to create this
winter at a 23 acre non developed park. They have a large volunteer group to help
support our efforts.
We have also recently partnered with the Boy Scouts of America whose National
Headquarters is based in Irving. In celebration of their 100
th
Anniversary we assisted with
a 50 / 50 split on the purchase of one hundred (100), 3 inch diameter trees. City Forces,
Boy Scouts, and Volunteers planted them at Northwest Park. After everyone saw the
impact of the tree plantings, a Boy Scout trying to earn his Eagle Scout badge was able to
purchase 48 additional 3 inch diameter trees on his own through donations. These trees
were planted by the Boy Scouts, Volunteers and City Forces at Thomas Jefferson Park.
The Boy Scouts and neighbors were so overwhelmed that we hope to continue this
partnership.
1. Project Description:
The City Arborist will be the “Project Manager” (Mike Griffith) over this project.
I have already put out an RFP / BVB and have the results ready for execution. We
determined that we will be able to inventory 4,000 trees with the expenditure of
$20,000. The low bid of the project is Urban Renewal, Inc that has two (2) ISA
certified arborist that will be performing the work. We are processing bid at this
time.
Attachment: Urban Forestry Partnership Grant Program 2010 Application (3407 : 7 Agmt COI and Texas
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2. Timeline:
Projected Start date July 1, 2010
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3. Budget:
Funds of $20,000 will come from a city account for the project. The grant will
allow us to spend these funds, so we can refund the utilized account.
Project Publicity:
This project has been announced to the Mayor, City Manager, and City Council
and all of the Boards that it will be taking place. The local Community TV
network and city publications will also have cover stories and interviews of the
project. After the project has been completed, the contractor will make a
presentation to the City of Irving with all its findings. The city will obtain the data
where I will be able to present the information at various meetings throughout the
city and with our local Garden Clubs.
Expense Category (1) Grant($) (2) Local Cash ($) (3) Local In-Kind ($)
Personnel:
Office Expenses:
Travel:
Supplies and
Materials:
Equipment:
Professional
Services:
Contractual: $ 10,000 $ 10,000
Other
C ):
*Colunm Totals: $ 10,000 $ 10,000
*(a)Grant Request; Local Match Total (d)=(b)+(c) *Local Match Total: $ 10,000
Attachment: Urban Forestry Partnership Grant Program 2010 Application (3407 : 7 Agmt COI and Texas
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES 2008-450 Council Action: Approved
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ATTACHMENTS:
Professional Services Agreement Gideon Toal_gtrevised-v2 (PDF)
REVISION INFORMATION:
Prepared: 2/3/2010 01:50 PM by Brad Duff
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CITY OF IRVING
WHEREAS, Tax Increment Reinvestment Zone No. 1 City of Irving (hereinafter referred to as “TIF
District No. 1”) and its Board of Directors (hereinafter referred to as “Board”) were created by the Irving City
Council pursuant to City of Irving Ordinance No. 7394; and
WHEREAS, the mission of the TIF District is to enhance the tax base of the City; preserve the value of
the existing developments; and promote new development through the use of available financial, marketing, and
capital infrastructure development and land planning tools within a comprehensive and coordinated strategy of
public and private efforts; and
WHEREAS, Gideon Toal has performed a taxable value analysis of each parcel within the TIF District
No. 1 which supports updating the TIF Project and Financing Plan; and
WHEREAS, the Board recommends retaining Gideon Toal for additional services to update the TIF
Project and Financing Plan;
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Gideon Toal for economic development services in an amount not to
exceed $31,500, and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 2050-0305-56401-9006.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
located in Dallas County, Texas, and incorporated as a home rule city under the
Constitution of the State of Texas, hereinafter referred to as "CITY," and Gideon Toal
Inc., a Texas corporation, hereinafter referred to as "CONSULTANT."
WITNESSETH:
1. Services
The CONSULTANT shall perform the services set out in Exhibit "A" and is incorporated
herein as though fully set out, with such document hereinafter referred to as "the
Services."
2.1 CITY shall pay CONSULTANT a fee not to exceed Twenty eight thousand five
hundred and no/100 Dollars ($28,500), plus reimbursable expenses in an amount not-
to-exceed Three thousand and no/100 Dollars ($3,000) for the Services as specified in
Exhibit "A."
2.2 CONSULTANT shall submit invoices monthly, as the work progresses. CITY
shall then pay the CONSULTANT the total amount of the statement which is validly due
within thirty (30) days, with the final monthly installment being paid upon satisfactory
completion of the project. All payments made under this agreement shall be made from
currently available funds.
2.3 CONSULTANT must give written notice that the Services have been completed
or substantially completed, and CITY shall make a final inspection of the Services, and
if the Services are found to be completed or substantially completed in accordance with
this agreement, CITY shall, upon the receipt of invoice, pay CONSULTANT within thirty
(30) days the balance due CONSULTANT under the terms of this agreement.
2.4 In the event CITY should request additional services not set forth in Exhibit "A,"
CONSULTANT and CITY shall agree on the compensation for those services prior to
performance by CONSULTANT. Performance of these additional services may be
within or without the term of the contract set forth in Section 5 of this agreement. Under
no circumstances will CONSULTANT perform additional services without prior written
authorization from CITY.
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3. Confidential Relationship
3.1 CITY may from time to time communicate to CONSULTANT certain information
Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
to enable CONSULTANT to effectively perform the Services. CONSULTANT shall treat
all such information as confidential, whether or not so identified, and shall not disclose
any part thereof without the prior written consent of CITY. CONSULTANT shall limit the
use and circulation of such information, even within its own organization, to the extent
necessary to perform the Services. The foregoing obligations of this Section 3,
however, shall not apply to any part of the information that (i) has been disclosed in
publicly available sources of information, (ii) is, through no fault of CONSULTANT,
hereafter disclosed in publicly available sources of information, (iii) is now in the
possession of CONSULTANT without any obligation of confidentiality, or (iv) has been
or is hereafter rightfully disclosed to CONSULTANT by a third party, but only to the
extent that the use or disclosure thereof has been or is rightfully authorized by that third
party.
3.3 In its performance hereunder, CONSULTANT shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of
any other person, firm, or corporation.
4. Proprietary Rights
4.1 The work product of the Services, and any writings, discoveries, inventions, and
innovations or data resulting from the Services, shall be promptly communicated to,
and be the property of CITY.
5. Term
This agreement shall be effective on the date of signing, and expire upon completion of
the Services. This agreement shall be subject to termination upon a thirty (30) day
written notice at any time by either party. In the event of termination prior to the
completion of the Services for reasons other than for cause, payment shall be made for
services performed through the effective termination date including reimbursable
expenses then due. This payment shall be the CITY's sole obligation to the
Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
6. Right to Audit
The CITY, at its own expense, shall have the right at all reasonable times during
normal business hours and upon at least twenty-four (24) hours advance notice, to
audit, to examine, and to make copies of or extracts from the books of account and
records maintained by CONSULTANT with respect to the Services. If such audit shall
disclose overpayment by CITY to CONSULTANT, written notice of such overpayment
shall be provided to CONSULTANT and the amount of overpayment shall be promptly
reimbursed by CONSULTANT to the CITY. In the event any such overpayment is not
paid within ten (10) days after receipt of such notice, the unpaid amount of such
overpayment shall bear interest at the rate of one percent (1%) per month from the date
of such notice until paid.
7. Indemnification
CONSULTANT SHALL INDEMNIFY, DEFEND, AND HOLD THE CITY AND ITS
OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES COMPLETELY HARMLESS
FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, SUITS, CLAIMS,
JUDGMENTS, FINES, OR DEMANDS ARISING BY REASON OF INJURY OR DEATH
OF ANY PERSON, DAMAGE TO ANY PROPERTY, OR DAMAGE TO INTANGIBLES
(DAMAGE TO BUSINESS, DEFAMATION, ETC.), INCLUDING ALL REASONABLE
COSTS FOR INVESTIGATION AND DEFENSE THEREOF (INCLUDING, BUT NOT
LIMITED TO, ATTORNEY FEES, COURT COSTS, AND EXPERT FEES), OF ANY
NATURE WHATSOEVER ARISING OUT OF OR INCIDENT TO THIS AGREEMENT,
WHICH ARE THE RESULT OF ACTS OF NEGLIGENCE OF CONSULTANT, ITS
EMPLOYEES, OR AGENTS. CONSULTANT SHALL GIVE TO THE CITY
REASONABLE NOTICE OF ANY SUCH CLAIMS OR ACTIONS. CONSULTANT
SHALL USE LEGAL COUNSEL REASONABLY ACCEPTABLE TO THE CITY IN
CARRYING OUT ITS OBLIGATIONS HEREUNDER. THE PROVISIONS OF THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS
AGREEMENT.
8. Notices
All notices and billings shall be in writing and sent to the following addresses:
Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
To CITY: Max Duplant, Chief Financial Officer
825 W. Irving Blvd.
Irving, TX 75060
9. General
9.1 The terms and conditions of Sections 3, 4, 6, and 7 hereof shall survive the
termination of this agreement or completion of the Services as the case may be.
9.3 CONSULTANT shall not export, directly or indirectly, any technical data
acquired from under this agreement or any products utilizing any such data to any
country for which the U.S. Government or any agency thereof at the time of export
requires an export license or other government approval without first obtaining such
license or approval.
9.4 The waiver or failure of either party to exercise in any respect any right provided
for in this agreement shall not be deemed a waiver of any further right under this
agreement.
9.5 If any provision of this agreement is invalid, illegal, or unenforceable under any
applicable statute, court decision, or rule of law, it is to that extent to be deemed
omitted. The remainder of the agreement shall be valid and enforceable to the
maximum extent possible.
9.6 This agreement shall be governed by the laws of the State of Texas. Venue of
any action arising from this agreement shall be in Dallas County, Texas.
9.7 This agreement may not be modified, altered or amended except by written
instrument duly executed by both parties, except that the address for notice may be
changed as provided in Section 8.
Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
9.8 The above shall constitute the entire understanding between CONSULTANT and
CITY respecting the Services described herein. The terms and conditions of the
purchase order shall have no effect upon this agreement and shall be used for
accounting purposes only.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of
the date first above written.
By: By:
Herbert A. Gears, Mayor David Pettit, Principal
ATTEST: ATTEST:
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
CORPORATE ACKNOWLEDGMENT
(IF ENTITY IS A CORPORATION)
Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
THE STATE OF ____________________ §
§
COUNTY OF ______________________ §
BEFORE ME, the undersigned authority, a Notary Public in and for said County
and State, on this day personally appeared:
of Gideon Toal, Inc., known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the
act of the said Gideon Toal, Inc., a Texas corporation, that he was duly authorized to
perform the same by appropriate resolution of the board of directors of such
corporation, and that he executed the same as the act of such corporation for the
purposes and consideration therein expressed, and in the capacity therein stated.
My Commission Expires:
___________________
EXHIBIT A
SCOPE OF SERVICES
Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
January 20, 2010
Thank you for the opportunity to provide this proposal to you for additional services relating to amending the Project and
Financing Plan for Irving TIF #1. Our initial work on TIF #1 identified several opportunities within the TIF that would
require multiple procedural steps in order to take full advantage of those opportunities. Those steps include approval of
the changes by the TIF partners and the governing body of the municipality.
Gideon Toal has recently completed several TIF project and financing plan amendments incorporating the provisions of
Texas Local Government Code Chapter 380 for economic development. In those experiences we found that approval
required significant outreach and education of the TIF partners. We believe our experience in working with all parties
involved in the amendment process brings a substantial level of added value to your team. In addition, we have found
having this specific experience allows us to approach the approval process in the most efficient manner possible.
Prepare Amendment
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Gideon Toal will prepare the Project and Financing Plan amendment and all other exhibits required for local government
approval per the state legislative requirements and intergovernmental contractual agreements. This work includes the
written, graphic, and PowerPoint materials and exhibits, as well as support of the process. Backup materials such as
spreadsheets and databases will also be products that support the plans.
Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
Fee for Services
Our fee for services relating to the implementation of the Project Plan updates will be billed on an hourly basis, at the
rate listed on the following page, up to a cap of $28,500. Additionally, reimbursable expenses not-to-exceed $3,000
would be charged to include out-of-pocket expenses incurred in the interest of the project at one point one (1.10) times
actual costs. This fee would be charged on a monthly basis, subject to on-going progress on the work effort.
Principal $275.00
Senior Project Manager $175.00
Project Manager $160.00
Project Architect I $140.00
Project Architect II $120.00
Architectural Intern I $110.00
Architectural Intern II $100.00
Senior Planner $150.00
Planner $120.00
Planning Intern $100.00
Landscape Architect I $140.00
Landscape Intern $100.00
Interior Designer I $120.00
Interior Designer II $100.00
Interior Design Intern $80.00
Construction Administrator $120.00
Technician I $90.00
Technician II $80.00
Administrative $80.00
These rates apply for the current calendar year and are subject to revision on January 1, when they may be revised to
reflect changes in staff salaries over the preceding year.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES-2008-309 Council Action: Approval of Engagement Letter
.
On August 7, 2008, the City retained Vinson & Elkins, L.L.P., to provide legal services in
connection with the Entertainment Venue Project Bonds and to assist in the preparation of a
development agreement and a lease agreement between the City and the developer.
ATTACHMENTS:
RES Engagement Letter - Vinson & Elkins - June 2010 (PDF)
REVISION INFORMATION:
Prepared: 6/7/2010 10:32 AM by Belinda Rowlett
Last Updated: 6/17/2010 08:00 AM by Karen Brophy
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CITY OF IRVING
WHEREAS, the City of Irving, Texas (the "City"), is authorized by law to issue special revenue
bonds; and
WHEREAS, the City Council has found and determined that it is in the best interests of the City
to authorize an engagement letter with Vinson & Elkins, L.L.P., relating to the issuance of
Entertainment Venue Project Bonds; and
WHEREAS, the meeting at which this resolution is considered is open to the public as required
by law, and the public notice of the time, place, and purpose of said meeting was given as required by
Chapter 551, Texas Government Code, as amended;
SECTION I. THAT the City's Bond Counsel, Vinson & Elkins, L.L.P., and appropriate staff of the
City are hereby authorized and directed to take such action as is necessary to prepare
for the sale and issuance of the Entertainment Venue Project Bonds including
preparation of an expedited declaratory judgment action, for the purpose of providing
funds to make certain public improvements within the City.
SECTION II. THAT the Mayor is hereby authorized and directed to execute the attached
engagement letter with Vinson & Elkins, L.L.P., setting forth such firm's duties as
Bond Counsel for the City and such engagement letter and the terms thereof in the
form presented at this meeting are hereby approved and accepted.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Packet Pg. 69
Attachment: RES Engagement Letter - Vinson & Elkins - June 2010 (3396 : 16 Engagement Letter - Vinson & Elkins)
9.a
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Attachment: RES Engagement Letter - Vinson & Elkins - June 2010 (3396 : 16 Engagement Letter - Vinson & Elkins)
9.a
Packet Pg. 71
Attachment: RES Engagement Letter - Vinson & Elkins - June 2010 (3396 : 16 Engagement Letter - Vinson & Elkins)
10
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Charles R. Anderson
Previous Action: 2008-192; 2009-242 Council Action: Approval of Agreements
.
ATTACHMENTS:
RES Second Addendum to Employment Agreement - Tomas Gonzalez 6-18-10 (PDF)
REVISION INFORMATION:
Prepared: 6/18/2010 02:47 PM by Belinda Rowlett
Last Updated: 6/18/2010 03:09 PM by Belinda Rowlett
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10
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 1001-0301-61101-100.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Second Addendum to Employment Agreement - Tomas Gonzalez 6-18-10 (3435 : 16 Appr Addendum to CM Agreement)
between the City of Irving, Texas, and Tomas Gonzalez
This is the Second Addendum to the original Employment Agreement approved by Irving
City Council Resolution No. 2008-192 entered into by and between the City of Irving, Texas,
hereinafter called "Employer," and Tomas Gonzalez, hereinafter called "Employee," and as
modified by Council Resolution No. 2009-242 in the First Addendum. The Employment
Agreement as amended by the First Addendum shall hereinafter be referred to as the Agreement.
The parties hereto agree to further amend the Agreement as follows:
Amend the first sentence of Section 6, entitled “Salary,” of the Agreement to read as
follows:
All other terms and conditions of the Agreement shall remain the same.
IN WITNESS WHEREOF, the City of Irving, Texas, has caused this Addendum to be
signed and executed on behalf of its Council, and duly attested by the City Secretary, and the
Employee has signed and executed this Agreement, both in duplicate, on June _____, 2010.
ATTEST:
_____________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_____________________________
Charles R. Anderson
City Attorney
1
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SINGLE ACKNOWLEDGMENT
Attachment: RES Second Addendum to Employment Agreement - Tomas Gonzalez 6-18-10 (3435 : 16 Appr Addendum to CM Agreement)
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State,
on this day personally appeared Tomas Gonzalez, City Manager, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
My Commission Expires:
___________________
CITY ACKNOWLEDGEMENT
Before me, personally appeared Herbert A. Gears, Mayor of the City of Irving, Texas, a
home rule municipality of the state of Texas, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged executing the instrument by proper
authority, in the capacity stated and for the purposes and consideration expressed in it.
My Commission Expires:
___________________
2
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES-2010-119 Council Action: Authority to Negotiate
.
ATTACHMENTS:
Annual Structural Engineering Agreement CHA Inc (DOC)
REVISION INFORMATION:
Prepared: 6/7/2010 03:18 PM by Lana King
Last Updated: 6/11/2010 11:21 AM by Belinda Rowlett
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CITY OF IRVING
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 77
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Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
This Agreement is made and entered into this day of , 2010,
by and between the City of Irving, Texas hereinafter called the OWNER, and CHA, Inc. a
________________ corporation, hereinafter called the ENGINEER. On consideration of the
mutual agreements herein and subject to the following terms and conditions, the parties mutually
agree as follows:
I. SERVICES TO BE PROVIDED
The OWNER shall employ the ENGINEER to conduct professional services generally
described as follows:
During the continuance of this employment, ENGINEER shall perform at the request and
satisfaction of the City Engineer of the City of Irving, the following services for the indicated pay
schedule:
Prior to the OWNER issuing a work order to proceed with any assessments, surveys, or
other work, ENGINEER shall provide OWNER with a written proposal detailing the scope of
services and providing a fee estimate for proposed work. Said costs are to be based on the
attached fee schedule. Final cost, excepting an approved change order, may not exceed the cost
estimate by more that 10 percent.
IV. FEES
Fees for services performed under this Agreement shall be based on hourly rate for
personnel, equipment and related services as detailed on the hourly rate schedule attached as
EXHIBIT 1 to this AGREEMENT. Subcontract services identified on the fee schedule such as
consulting with other engineers, as well as other services not specifically listed on the fee
schedule, will be performed by subconsultants who operate under a subcontract agreement with
ENGINEER. The rates shown will apply throughout the one (1) year duration of this
AGREEMENT. Fees shall be payable from the currently available funds. In the event funds are
not available, ENGINEER shall not be obligated to perform the work.
For all direct non-labor and/or subcontract expense, including mileage, travel and
living expenses, invoice or internal office cost plus a 10 percent service charge, provided that
all reimbursable expenses shall meet the requirements of the attached City of Irving
Consultant Reimbursement Guidelines, the City shall be liable only for the lower cost
determined from either this subsection or the Consultant Reimbursement Guidelines.
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V. PAYMENT TERMS
Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
ENGINEER will invoice OWNER for work performed on a monthly basis. In the case of
short duration projects, invoicing will be upon project completion, with the invoice issued upon
delivery of appropriate reports or documents. Alternative invoicing methods may be acceptable
provided they are agreed to prior to the work being undertaken. OWNER agrees to pay
ENGINEER’S invoice in accordance with V.T.C.A. Government Code §2251. No deduction
shall be made from the OWNER’S invoice on account of liquidated damages unless expressly
included in the AGREEMENT. After five (5) days prior notice to OWNER, ENGINEER may
suspend services or withhold its report(s) and/or work product(s) until paid on any project where
payment of invoiced amounts not reasonably in dispute is not received by ENGINEER within
sixty (60) days of the OWNER’S receipt of ENGINEER’S invoice. OWNER’S receipt of invoice
will be presumed three days after mailing by ENGINEER first class, with adequate postage
attached. Time is of the essence of this provision.
ENGINEER will perform its services using that degree of care and skill ordinarily
exercised under similar conditions by reputable members of the engineering profession practicing
in the same or similar locality at the time of service. NO OTHER WARRANTY, EXPRESS OR
IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR
WRITTEN REPORTS.
If ENGINEER fails in any manner to fully perform each and all of the terms, conditions
and covenants of this AGREEMENT, he shall be in default and notice of default shall be given to
ENGINEER by the Purchasing Agent of the OWNER. In the event that ENGINEER continues in
default for a period of seven (7) days after receipt of the OWNER’S notice and a reasonable
opportunity to cure the above-mentioned default, OWNER may terminate or cancel this
AGREEMENT, or at its option, may purchase similar services on the open market and invoice
ENGINEER for any difference thereof.
VIII. INSURANCE
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ENGINEER shall defend, indemnify and hold harmless OWNER and its directors,
Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
officers, agents and employees against any and all losses arising out of or relating to the injury or
death of any person, or the loss or damage to any property, to the extent that it occurs in
connection with the negligent performance of the work of ENGINEER, its subcontractors or their
agents or employees, or employees. OWNER agrees that ENGINEER’S liability, and that of its
officers, directors, employees, agents, and subcontractors, to OWNER or any third party due to
any professional acts, errors or omissions or breach of AGREEMENT by ENGINEER will be
limited to $2,000,000 on a claims made basis. This limitation shall not apply to the extent
prohibited by law.
X. FIELD REPRESENTATIVE
It is possible that unforeseen conditions or occurrences may be encountered at the site that
could substantially alter the necessary services or the risks involved in completing ENGINEER’S
services. If this occurs, ENGINEER will promptly notify and consult with OWNER, but will act
based on ENGINEER’S sole judgment where risk to ENGINEER’S personnel is involved.
Possible actions could include:
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Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
OWNER responsibilities under this AGREEMENT shall be as follows:
A. Identify the OWNER’S representative who will act as the liaison between
ENGINEER and OWNER.
XIII. DOCUMENTS
ENGINEER will furnish OWNER the agreed upon number of written reports and
supporting documents. These instruments of services are furnished for OWNER’S exclusive
internal use and reliance, use of OWNER’S counsel, use of OWNER’S qualified bidders (design
services only) and for regulatory submittal in connection with the project or services provided for
in this AGREEMENT, but not for advertising or other type of distribution, and are subject to the
following:
A. All documents generated by ENGINEER under this AGREEMENT shall remain the
sole property of ENGINEER. Any unauthorized use or distribution of ENGINEER’S
work shall be at OWNER’S and recipient’s sole risk and without liability to
ENGINEER. ENGINEER may retain a confidential file copy of its work product and
related documents.
B. All reports received by OWNER from the ENGINEER may be available to the
general public upon submission of an open records request. ENGINEER may place a
statement on each report that the ENGINEER’S report reflects conditions only at the
time of the study and may not reflect conditions at a later time.
C. OWNER agrees that all documents furnished to OWNER or OWNER’S agents or
designees, if not paid for, will be returned upon demand and will not be used by
OWNER or any other entity for any purpose whatsoever.
D. OWNER shall furnish documents or information reasonably within OWNER’S
control and deemed necessary by ENGINEER for proper performance of services.
ENGINEER may rely upon OWNER-provided documents in performing the services
required under this AGREEMENT; however, ENGINEER assumes no responsibility
or liability for their accuracy. OWNER-provided documents will remain the property
of the OWNER, but ENGINEER may retain one confidential file copy as needed to
support our report.
E. Upon OWNER’S request, ENGINEER’S work may be provided on electronic media.
By such request, OWNER agrees that the written copy retained by ENGINEER in its
files, with at least one confirmed copy provided to OWNER, shall be the official base
document. ENGINEER makes no warranty or representation to OWNER that the
electronic copy is accurate or complete, but will correct in good faith and omissions
or errors brought to ENGINEER’S attention by OWNER. Any modifications of such
electronic copy by OWNER shall be at OWNER’S risk and without liability to
ENGINEER. Such electronic copy is subject to all other conditions of the
AGREEMENT.
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XIV. CLAIMS
The parties agree to attempt to resolve any dispute without resort to litigation, including
Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
use of mediation, prior to filing of any suit.
If requested, ENGINEER will use its best efforts and experience or similar projects to
provide realistic opinions or estimates of costs for remediation or construction as appropriate
based on reasonably available data, ENGINEER’S designs or ENGINEER’S recommendations.
However, such opinions are intended primarily to provide information on the order of magnitude
or scale of such costs, and are not intended for use in firm budgeting or negotiation unless
specifically agreed otherwise, in writing with ENGINEER. OWNER understands actual costs of
such work depend heavily on regional economics, local construction practices, material
availability, site conditions, weather conditions, agreement or skills, and many other factors
beyond ENGINEER’S control.
XVI. TESTIMONY
XVII. CONFIDENTIALITY
This AGREEMENT shall be governed in all respects by the laws of the State of Texas.
Venue for this AGREEMENT shall be in Dallas County, Texas.
The parties agree that the provisions of these terms and conditions shall control
over and govern as to any form writings signed by parties, such as OWNER Purchase Orders,
Work Orders, etc., and that such forms may be issued by OWNER to ENGINEER as a matter of
convenience to the parties without altering any of the terms or provisions hereof.
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Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
This AGREEMENT may be terminated without cause by either party giving the other
party thirty (30) days written notice at the addresses as listed below. This AGREEMENT will
terminate automatically upon the insolvency of OWNER. In the event OWNER requests
termination prior to completion of the proposed services, OWNER agrees to pay ENGINEER for
all reasonable charges incurred to date and associated with termination of the work.
XX. SURVIVAL
XXI. SEVERABILTY
In the event that any provision of the AGREEMENT is found to be unenforceable under
law, the remaining provisions shall continue in full force and effect.
XXIII. ASSIGNMENT
The AGREEMENT may not be assigned by either party without the prior permission of
the other.
XXIV. CONSIDERATION
The parties agree that the charges for ENGINEER’S services are sufficiently adjusted to
include any specific considerations payable to OWNER under these terms and conditions.
XXV. INTEGRATION
This AGREEMENT, the attached documents and those incorporated herein constitute the
entire AGREEMENT between the parties and cannot be changed except by a written instrument
signed by both parties.
The ENGINEER shall place his Texas Professional Engineer's seal of endorsement on all
documents and engineering data furnished by him to the Owner.
XXVII. VENUE
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Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
OWNER: ENGINEER:
ATTEST: ATTEST:
APPROVED AS TO FORM:
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CITY OF IRVING
CONSULTANT REIMBURSEMENT GUIDELINES
Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
1. Air Travel Standards. Consultants representing the City should travel economy/tourist or
full fare coach class when engaged in work related travel on behalf of the City.
2. Lodging. Consultants representing the City should secure accommodations in business class
hotels. For example, Sheraton, D/FW Marriott, Harvey House, etc. There will be no
reimbursement for consultant's local lodging if consultant's offices are located in or within 75
miles of the City of Irving.
3. Vehicle Rentals. The City will reimburse rental of mid-size or full-size vehicles but not
luxury class vehicles.
4. Computer Research. The City will reimburse for actual cost, unless a reasonable markup is
agreed upon at inception of contract.
5. Billed Hours. All invoices for work shall state the specific number of hours spent and the
hourly rate of consultant and the task performed in sufficient detail to permit review of the
time charged.
6. Incidental Charges. The City will reimburse for actual cost of reasonable incidental charges
exclusive of markup for delivery charges. However, backup documentation must be
provided. Disbursements for regular intra-office copying are not considered compensable.
7. Travel to and from the City of Irving. There will be no reimbursement for the consultant's
local travel if consultant's offices are located in or within 75 miles of the City of Irving.
8. Meals. The City will reimburse for reasonable meal expense up to twenty-five dollars
($25.00) must be documented with receipts. There will be no reimbursement for consultant's
meals if consultant's offices are located in or within 75 miles of the City of Irving.
9. Miscellaneous. The City will not reimburse for charges listed as miscellaneous. All
expenses must be identified and backup documentation must be provided upon request.
10. Invoices. Invoices for services rendered shall include all backup documentation in sufficient
detail to permit review. Invoices are to be addressed as follows:
City Engineer
City of Irving
825 W. Irving Blvd.
Irving, Texas 75060
11. Billing Time. The City will not pay for hourly time worked by consultants for preparing
invoices, gathering receipts or documentation, or researching questions regarding invoices
sent to the City.
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CORPORATE ACKNOWLEDGMENT
Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State,
on this day personally appeared of ____________________
known to me to be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said _________________, a corporation,
that (s)he was duly authorized to perform the same by appropriate resolution of the board of
directors of such corporation for the purposes and consideration therein expressed, and in the
capacity therein stated.
My Commission Expires:
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EXHIBIT 1
Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
CHA, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
RATE SCHEDULE
Out of pocket expenses will be billed at cost plus 5%, subcontract costs will be billed at cost plus
10%.
Non-professional / technical time such as word processing and document reproduction will be
billed at a flat rate of $45.00 per hour.
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
On May 28, 2010, bids were received for the Grauwyler Heights Alley Improvements, Section
IV Project. The following is a tabulation of bids received:
ATTACHMENTS:
Grauwyler Heights Alley Improvements, Section IV (PDF)
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REVISION INFORMATION:
Prepared: 6/2/2010 03:34 PM by Lana King
Last Updated: 6/9/2010 10:00 AM by Lana King
Packet Pg. 89
12
CITY OF IRVING
SECTION II. THAT $1,990.55 is hereby approved and authorized for testing to be performed by the
City of Irving's contracted testing firm.
SECTION III. THAT this expenditure shall be charged to Account No. 5041-4120-71601-904013 in
the total amount of $201,025.00.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 90
12.a
Packet Pg. 91
Attachment: Grauwyler Heights Alley Improvements, Section IV (3390 : 19 Awd F&F Concrete for Grauwyler Hts Alley Sec IV)
13
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A. DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Location Map (PDF)
B. RES - DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Letter Agreement (PDF)
REVISION INFORMATION:
Prepared: 6/7/2010 05:08 PM by Cynthia Castro
Last Updated: 6/16/2010 04:46 PM by Belinda Rowlett
Packet Pg. 92
13
CITY OF IRVING
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 93
13.a
E VIA
IK GR AN
RD P FLUOR DR
C E RN
SI
I U
RIV
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Attachment: A. DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Location Map (3399 : 29 Acq DART LRT Orange Line Parcel I1-32E)
ERS
RA
1 B
16 E CERO BLVD A
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Location
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S.H. 114
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06/02/10
Location Map
Disclaimer/Limitation of Liability:
All data, specifically including the geographic data herein are provided "as is"
without warranty of any kind, either expressed or implied, or statutory, including,
but not limited to, the implied warranties of merchantability and fitness for a
particular purpose. The user assumes the entire risk as to the quality and
B.H. O'Connor Partners, LP
500 W. Northwest Highway
DART Orange Line Project
´
1 inch = 1,674 feet
Packet Pg. 94
13.b
Packet Pg. 95
Attachment: B. RES - DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Letter Agreement (3399 : 29 Acq
13.b
Packet Pg. 96
Attachment: B. RES - DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Letter Agreement (3399 : 29 Acq
13.b
Packet Pg. 97
Attachment: B. RES - DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Letter Agreement (3399 : 29 Acq
13.b
Packet Pg. 98
Attachment: B. RES - DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Letter Agreement (3399 : 29 Acq
13.b
Packet Pg. 99
Attachment: B. RES - DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Letter Agreement (3399 : 29 Acq
13.b
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A. DART LRT Orange Line Parcels I2-33E-1 Thru 4 - Location Map (PDF)
B. RES - DART LRT Orange Line Parcels I2-33E-1 Thru 4 - Agreement (PDF)
C. RES - DART LRT Orange Line Parcels I2-33E-1 Thru 4 - Descriptions (PDF)
REVISION INFORMATION:
Prepared: 6/7/2010 12:18 PM by Cynthia Castro
Last Updated: 6/16/2010 03:42 PM by Belinda Rowlett
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 4001-1902-77009-902018.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
E VIA
IK GR AN
RD P FLUOR DR
C E RN
SI
I U
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ERS
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Attachment: A. DART LRT Orange Line Parcels I2-33E-1 Thru 4 - Location Map (3397 : 29 Acq DART LRT Orange Line Parcel I2-33E)
1 B
16 E CERO BLVD A
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IDE
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CORPORATE DR EL
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14 WAY
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Location
Sp
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34
8
Hidden Ridge
S.H. 114
LN
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06/02/10
Location Map
Disclaimer/Limitation of Liability:
All data, specifically including the geographic data herein are provided "as is"
without warranty of any kind, either expressed or implied, or statutory, including,
but not limited to, the implied warranties of merchantability and fitness for a
particular purpose. The user assumes the entire risk as to the quality and
Tract 10 Properties, L.P.
300 W. John W. Carpenter Freeway
DART Orange Line Project
´
1 inch = 1,674 feet
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: J. Richie, S. Pedregon
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A. EPA Brownfields Assessment Grant - Selection Letter (PDF)
B. RES - EPA Brownfields Assessment Grant - Application Submittal (PDF)
REVISION INFORMATION:
Prepared: 6/3/2010 01:09 PM by Rachel Garza
CITY OF IRVING
SECTION II. THAT the City Council hereby approves, if awarded, the acceptance of the
Brownfields Community-Wide Petroleum Assessment Grant funding and authorizes
the Mayor to execute an agreement with the Environmental Protection Agency for
receipt of said funds, upon the approval of the agreement by the City Attorney.
SECTION III. THAT the grant will be paid on a reimbursement basis for a total of $200,000.00 that
will be charged to Account No. 2072-2904-56401-9198.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: Council Action:
.
ATTACHMENTS:
A. RES Raw Water Sale Contract (PDF)
REVISION INFORMATION:
Prepared: 6/8/2010 09:26 AM by Jane Kilburn
Last Updated: 6/17/2010 01:30 PM by Belinda Rowlett
CITY OF IRVING
WHEREAS, the construction of the Irving Convention center promotes tourism and the
convention and hotel industry;
SECTION I. THAT the City Council hereby approves the attached Raw Water Sale Contract
between the City of Irving and Dallas County Utility and Reclamation District that
confirms the consumption of untreated water being furnished by the District to the
new Irving Convention Center and the installation of a new submerged pump station
necessary to provide the water and a Point of Delivery meter in the amount of
$76,000.00, and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 4002-1001-71101-908049.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
ADDITIONAL COMMENTS:
Contract Required: No. Reviewed DIR contract. Review Completed By: Carrie J. Morris
Previous Action: N/A Council Action: N/A
Comments: The award for #185D-10F in the net estimated amount of $648,000.00 is for
three years, in which the City will be billed monthly for actual charges.
REVISION INFORMATION:
Prepared: 6/3/2010 05:00 PM by Darlene Rush
Last Updated: 6/16/2010 01:53 PM by Darlene Rush
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 1001-2310-56101-100.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: 4-3-08-141(F) Council Action: Approved award
Comments: Service provided by the vendor is good; pricing remains competitive; and pricing remains
the same with the exception of an additional discount for parts. This is the only renewal option for
#110D-10F in the total net estimated amount of $650,000.00 for two years.
REVISION INFORMATION:
Prepared: 1/29/2010 01:14 PM by Darlene Rush
Last Updated: 6/9/2010 09:59 AM by Darlene Rush
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 6036-2310-521013-100 in
the net estimated amount of $300,000.00 and to various accounts in the net estimated
amount of $50,000.00.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: City’s Standard Professional
Services Agreement
Previous Action: RES-2010-112 Council Action: Authorization to Negotiate Contract
Comments: The award for #102E-10F is in the total net estimated amount of $280,000.00
for one year with two renewal options.
ATTACHMENTS:
RES Professional Services Agreement (PDF)
REVISION INFORMATION:
Prepared: 6/4/2010 03:16 PM by Darlene Rush
Last Updated: 6/15/2010 02:43 PM by Darlene Rush
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to various funds on a project-by-project
basis.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
Comments: The City is requesting rejection of both responses received on #166M-10F. City
staff will continue to explore various avenues to reach the desired outcome.
ATTACHMENTS:
Response Summary (PDF)
REVISION INFORMATION:
Prepared: 6/9/2010 10:12 AM by Marsha Hughes
Last Updated: 6/14/2010 01:36 PM by Marsha Hughes
CITY OF IRVING
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Proposals will be evaluated and a recommendation will be made for award. Information, other than names of responders,
becomes public record upon award.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A: RES "Exhibit A" Legal Description (PDF)
B: Letterof Explanation (PDF)
C: Proposed Exterior Materials (PDF)
D: Elevation Drawing 1 (PDF)
E: Elevation Drawing 2 (PDF)
F: Site Plan (PDF)
G: Sign Variance Application (PDF)
REVISION INFORMATION:
Prepared: 6/8/2010 04:25 PM by Sharon Brown
Last Updated: 6/17/2010 06:24 PM by Steven Reed
CITY OF IRVING
WHEREAS, the City Council of the City of Irving has reviewed an application under Section
7-22 of Chapter 7 of the Irving Land Development Code for a variance to the City of Irving's sign
ordinance; and
WHEREAS, the City Council has conducted a public hearing to take testimony on the
advisability and wisdom of granting the variance requested; and
WHEREAS, the City Council finds that granting the variance requested will not compromise
the public health, safety, welfare, and morals of the City of Irving, nor will the variance requested
contribute to visual blight nor obscure unreasonably visual amenities such as landscaping, architecture,
and other amenities; and
WHEREAS, the limited variance granted herein will not contribute to uncontrolled number,
size, spacing, heights, setbacks, or illumination of signs, nor damage the aesthetic appeal of the City of
Irving in its residential, business, commercial, and industrial districts;
SECTION I. THAT the application for a sign variance by Consolidated Development Services,
Applicant for MSC-1 LTD, Owner, Sign Variance Case No. S1005-0024, located at
2515 West Airport Freeway and more particularly described in Exhibit A, attached
hereto, to allow for signage on more than the one frontage facing State Highway 183,
as shown on Exhibit B, is hereby approved.
SECTION II. THAT the approved signage shall be in accordance with Exhibits C, D, E and F,
attached hereto.
SECTION III. THAT the effect of this variance shall be that the owner or lessee of the property
described in Section I shall still be subject to all the requirements of Chapter 7 of the
Irving Land Development Code. However, it shall be an affirmative defense to a
prosecution under Chapter 7 of the Irving Land Development Code if the violations
alleged are specifically authorized by this resolution.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Attachment: A: RES "Exhibit A" Legal Description (3406 : 11 - APR Sign Variance S1005-0024)
IIMsc-1 LTO I
I 1% SU COMPANY I
14336 LEMMON AVB I
IDALLASTX I
I
P==~=====~:=:::i:::!========11r-7s-21-92-7-0.5-------1
I!pARK OAKS 7 I
F==::::::i::::::!!!i::::::====':!!:=========::::::;IILT lACS 2.173 I
?==~~~========I""'-- ------'I
_. "~OOS035875290011152005 C().
~~~~6========113180500100000 lCI3880S001
1251~
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1s11llET_DIDCI'ION Ilw ,
I8TRE!T NAME IIAIRPORT
ISTUET..IVFF. IlfWY
11OTAL_LAND_VALlIE 11742260
JSPECIAL,,488lSlM1NT ALUE =" 110
ITOTAL.JMPIlOVEM'INT..VALVE 11257740
ITOtAL_MAUlT VALUE 11100000o
~ITY_TAXAILE_"ALV!
Attachment: A: RES "Exhibit A" Legal Description (3406 : 11 - APR Sign Variance S1005-0024)
111000000
IIPTi..
CLASI_CODE IIFlo
I8HAPI \14800
Disclai",er/Limitation ofLiability: AI/ data, specifically including the geographic dauz herein are
~r(J\lided "as is" without warranty ojany lUnd, eiJhu expressed or implied, or statutory, including,
,but nol limited to, the ;mpliedwarranties ofmerchan/ability andfiJnessfor Qparticular
lpurpose. The user assumes the entire risk ~. to the quality Qndpeiformance ofthe data
~CDS
Mr. Russel!:
Sincerely,
Stan DeMille
CDS - COllsolidawJ De\;elopm .. nt S..rdr.es
14ttO Dallas Parkv.'ay· Suite 250· Dallas, TX· 75240
Phone: (972)850-081.6 • Fa:.::: (469)9]6-5375
Packet Pg. 281
21.b
• South elevation: 6.33 square feet and 25 square feet (31.33 square feet combined)
• West elevation: 46.25 square feet.
• North elevation: 6.33 square feet and 25 square feet (31.33 square feet combined)
• Total square footage of wall signs: 108.91 square feet
..
r-------------------------------,
C-10RANGE
I WHATABURGER
IrvHlg. TX,
04-07- )0
.--------------------------------,
....--.-....
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WHATABURGER
Irving. TX.
04-07-10
Proposed Exterior
GHAArchitecture I Developmenl
14110 DaJhlSIPar1<way Suile 300
D~llas. Texas 75254 972.239.8!lM
BI A I
-------------------------------,
~ ..
ENTRANCE ELEVATION
WHATABURGER
Irving. TX.
04-07-10
Proposed Exterior
GHA Archilecture I Oevelopmenl
14110 Dallas Parkway SUite 300
Dallas, Texas 75254' 972 239 8Bll4
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PROPERTY OWNI'R
Contact Name: TBD _
Business Name :-=H,-",-'(/:::..I.,....._"....I--"T-"'---L-I:::.-.~:;----:,--_
Address: .#lit
klJ-iV? ,l
Phone: Fax: _ _ Fax: _
Email:
Signatu:r:e~:=tt;:"J11.i.-:=ji77j7J].;:=======---
,.
PROPERTY LOCATION
Address: 'kJj'/5 ~,.'tS+ fu(l.fD{LT F1tif.WA( IUIJG I n 7?'D~'l--
Location on building (if applicable): _
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unique to this applicant or property The statements on the attached page shall be in
M Specify the exact nature of the variance: cluded on the sign drawing, or explain in a letter
lt
OW ~ C ~'-1 ~~ . $" '" why such statements have not been included on
the plan.
For questions, please contact JaSOn Russell at (972) 721-4897. Rev. 04.27.2010
Sign Variance:
The foHowing shall be signed by the APPLICANT:
1/ ~ 't t-I\
I klJi:.- , understand that a variance to the height, area,
setback, and/or material regulations as provided in Chapter 7 of the City of Irving Land Devel
opment Code shall not be granted to relieve a self-created or personal hardship, nor shall it be
based solely on economic gain or loss.
Signature:~ti1m..a--
2. Per Section 7-3.1(b)(3), the digital sign face shall be visible from only one direction of traffic.
3. Per Section 7-3.1(b)(5), a change of message must occur simultaneously on the entire sign face.
4. Per Section 7-3.1(b)(6), the sign shall contain a default design mechanism that freezes the sign in
one position if a malfunction occurs.
S. Per Section 7-3.1(b)(7), the sign shall automatically adjust the intensity of its display brightness
according to natural ambient light conditions.
For questions, please contact Jason Russell at (972) 721-4897. Rev. 04.27.2010
Recommendation
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
B: May 17, 2010 Planning and Zoning Meeting Minutes (PDF)
C: Vicinity Map (PDF)
D: Surrounding Zoning Map (PDF)
E: Property Owner Notification Map and List (PDF)
F: Memo from Dana Lubke, Assistant Fire Marshal (PDF)
I: Electric Guard Dog Brochure (PDF)
A: City Council Memo (PDF)
G: Site Plan (PDF)
H: Public Comment Form in Opposition (PDF)
REVISION INFORMATION:
Prepared: 6/9/2010 01:35 PM by Sharon Brown
Last Updated: 6/17/2010 06:47 PM by Steven Reed
CITY OF IRVING
WHEREAS, the City Council has reviewed an application under Section 52-55 of Zoning
Ordinance No. 1144, the comprehensive zoning ordinance of the City of Irving, Texas, and Chapter 15
of the Irving Land Development Code for a special fence project plan in order to seek a variance to the
requirements of the City of Irving’s fence ordinance; and
WHEREAS, the City Council has conducted a public hearing to take testimony on the
advisability and wisdom of granting the variance requested; and
WHEREAS, the City Council finds that granting the variance requested will not compromise
the public health, safety, welfare, and morals of the City of Irving;
SECTION I. THAT the application for a special fence project plan filed by Sentry Security
Systems, Applicant, for FedEx Freight East Inc., Owner, Special Fence Project Plan
No. ZC10-0008, located at 3100 South Belt Line Road on land described in Exhibit
A, attached hereto, for a variance to use an electrically charge fence on the property
line on the perimeter of the facility, as shown on Exhibit B, attached hereto, is hereby
approved.
SECTION II. THAT the effect of this special fence project plan shall be that the owner or lessee of
the property described in Section I shall be subject to all the requirements of Chapter
15 of the Irving Land Development Code; however, it shall be an affirmative defense
to a prosecution under Chapter 15 of the Irving Land Development Code, if the
violations alleged are specifically authorized by this resolution.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
SPECIAL FENCE PROJECT PLAN #ZC1 0-0008, SENTRY SECURITY SYSTEMS, APPLICANT, REQUESTS A VARIANCE
FROM CHAPTER 15 OF THE LAND DEVELOPMENT CODE, USE OF BARBED WIRE OR ELECTRICALLY CHARGED
FENCES, TO ALLOW AN ELECTRIC FENCE ON THE PROPERTY LINE. THIS PROPERTY IS LOCATED AT 3100 S. BELT
LINE ROAD.
FINAL ACTION By THE PLANNING & ZONING COMMISSiON
Cindy Vaughan with Sentry Security Systems, applicanl, gave an overview of the proposed request.
Attachment: B: May 17, 2010 Planning and Zoning Meeting Minutes (3409 : 11 - ZC10-0008)
Chairman Palmer called for individuals wishing to speak in favor of this item. He then called for
individuals wishing to speak in opposition. There was no one to speak in favor or opposition to this item.
Discussion was closed to the floor and returned to the Commission for their consideration and a motion.
Commissioner Tannehill aSked that if the electricaJly charged fence is not an exterior fence, but an interior
fence, does Ihe proposed installation meet the code? Kuruvilla Oommen, Deputy City Attorney, replied
thai the interpretation for the definition of the proposed electrically charged fence does come under the
fence ordinance regulations.
Commissioner Tannehill asked if there were any FeclEx representatives present. There were none
present. Ms. Vaughan responded that Sentry Security Systems would continue to own the fence once
installed.
Commissioner Randall asked how the perimeter is monitored and reponed. Ms. Vaughan explained thal
an alarm occurs whenever there is a drop in vo"age.
Commissioner Tannehill commented on the intent of lh e ordinance to prevent innocent part ies from being
harmed. Based on Ihe applicant's overview, does the inslallation as presented meet the intent of the
ordinance?
Gary Miller, Planning and Inspections Director, responded that that any kind of electrically charged fence
is prohibited within the City of Irving. Brenda McDonald, Real Estate and Development Director,
commenled that a recent case involving an electrically charged fenCe within a perimeter fence was
denied due to proximity to residential property.
Ms. Vaughan responded that Ihere are several solutions to address residential neighbors inclUding zoning
specific areas of the fence to not be charged and further commented that the shock is a pulsed shock
from a 12-vo"- battery.
Steve Reed addressed the perception that an electric fence identifies a high crime area and impacts
aesthetics.
Ms. Vaughan responded thal their electric fence allows for the removal of razor wire and the appearance
blends with the chain link fence.
Vice-Chainnan Zapanla aSked if the concept of the security syslem was to deter crime and aclivate an
alarm. Ms. Vaughan responded the purpose of the electrically charged fence is actually to deter crime.
Vice-Chainnan Zapanla asked aboul fire on the premises and Ihe safety of fire department personnel.
Ms. Vaughan responded that the Knox box swilch allowed for the power 10 be cut.
Commissioner Allen asked about the national contract Sentry Securtty Systems has with FedEx. and
inquired if this request is part of that initiative or if this request is addressing specifics to this location. Ms.
Vaughan responded that she did not have criminal statistics for this particular location. Commissioner
Allen expressed concern that the posting of electrified fence signs would negatively impact the perception
of lt1e area and deter redevelopment efforts. Ms. Vaugt1an responded tt1al the electrified fence would
allow for tt1e removal of razor wire,
Vice-Ct1airman Zapanla moved to deny item #3, ZCtO-Oooa. Secretary Randall seconded the motion.
Ct1airman Palmer recognized the motion on the noor. There was no discussion of the motion. The
motion carried unanimously,
Steve Reed, Planning Manager, advised the applicant ofthe appeal process,
Attachment: B: May 17, 2010 Planning and Zoning Meeting Minutes (3409 : 11 - ZC10-0008)
Ayes: David Palmer. AI Zapanta, Michael Randall. Chris Allen. Eugenia Foust. Douglas Gregory,
Robert LaRose, Tom Tannehill
II
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200 Ft
Notification
Boundary
3
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IRVING
T E X A 5
MEMO
Attachment: F: Memo from Dana Lubke, Assistant Fire Marshal (3409 : 11 - ZC10-0008)
To: Planning and Zoning Commission
In regards to the installation of an electrified fence, surrounding property in the city of Irving, the fire
department cannot support this for the followina reasons:
The use of an electrically charged fence is against The code of Civil and Criminal Ordinances of the City
of Irving.
Sec. 15-11. Use of barbed wire or electrically charged fences. It is unlawful for any person to erect,
maintain, or permit a fence that is electrically charged in any manner or form including but not limited
to those fences electrically charged by batter and those charged through a regular electrical outlet.
PoInt: The fence provide by Electric Guard Dog is powered by a battery that is charged by solar cells and
provides a painful shock.
Fire fighters have to think outside the norm when it Comes to access to property. Depending on the
placement of the fire and blockage of fire lanes. fences may be cut to allow fire department access.
Grass fires are an example of this access. The lofts fire is another example of out-of-the-norm access
problems.
Point: We understand that a Knox Key Switch can be placed at the gate to turn off the power to the
fence, however, a grass fire may happen at the rear of the property close to the side road and hJrning
off this switch would cause an unneeded delay_ We also have Mutual Aid agreements with surrounding
cities. These cities would not have the correct key to turn off this switch.
Citirens and fire fighters having to work around the eleCb"ified fence is a danger. An example of this
would be a car accident that leaves the road and lands against the fence.
Point: The care could be electrified causing delay in rescue efforts and possible danger to the
paramedics/firefighters working the accident. It is not that the shock itself is Iife·threatening but that it
could cause injury while power tools or cutting tools are being used. It might also delay set-up of \/ehicle
stabilization.
The electrified fence is protected from the outside by another fence but not from the inside. This
provides a safety net from the outside but car accidents happen inside the facility as well, where there is
no buffer.
Attachment: F: Memo from Dana Lubke, Assistant Fire Marshal (3409 : 11 - ZC10-0008)
Point: Working a car fire, ar accident, ar even fighting a structure fire the fire fighters have no
protection from backing into this fence from the inside.
Any electric appliance has the potential of causing fires. This appliance surrounds the entire property
and will have tall dry grass growing up next to it during the summer months.
Point: Safety devices built into the system may prevent, or reduce, this but it is an example of why the
ordinance waS first enacted and is still a consideration.
This fence will be trading thl" security of the property far the safety af citizens and fire department. This
security can be obtained in a less hazardous manner, by using cameras or private security personnel.
It is the recommendation of the Irving Fire Department that construction of electrified fencing not be
allowed in this city.
Dana Lubke
Assistant Fire Marshal
Notices mailed: 17
Responses in favor: a Responses opposed: 1
Case Summary
The applicant requests a variance from Sec. 15-15, Use of barbed wire or electrically
charged fences, of the Land Development Code, which does not allow an electric fence.
The applicant is proposing to install an electric fence on the property line on the
perimeter of the facility.
Staff Analysis
• The property is developed as a trucking terminal with warehouses and truck storage.
Seven-foot chain link fences surround all four sides of the property. The applicant
requests a variance to install an electric security fence four to six inches inside the
existing metal security fence .
• The requested fence consists of 10-foot tall metal poles located in the ground
approximately six inches inside the existing security fence with 20 separate strands
of wire . The fence will be energized by a 12-volt car battery and connected to solar
panels. The wires are connected to the control panel, siren alarm systems, and
telephone dialer. In the event of an intruder, the siren will sound, the system
operator will automatically be dialed, and the intruder will receive a "low-level but
unpleasant shock".
• The Fire Department cannot support a new electric fence in the City. There is a
danger of shock to firefighters, who use bulky equipment and power tools, and the
response time and set-up time for fighting a fire can be slowed if an electric fence is
present. Vehicle accidents both inside and outside the facility can impact the fence,
and grass fires could be started (see attached memo from the assistant fire
marshal).
• Staff has asked the applicant to consider other options, such as installing the fence
only on three sides and not the front, but the applicant has not agreed .
• If this request is approved, a fence permit must be obtained prior to construction .
Staff Recommendation
Denial.
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r am FOR the requested zoning as explained on the: attached public notice for Special
, -
*~ I am AGAli'iST the requested zoning as explained On the attached public notice for
Special Fence Project Plan ZC 10-0008.
Name:-~'--"-=---=----"-----~:"'-='-=---+---------'-""----="----
Address:
: ~ tj:\nm~fll I>!
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
• B: June 7, 2010 Planning and Zoning Meeting Minutes (PDF)
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
• A: City Council Memo (PDF)
• F: Site Plan (PDF)
REVISION INFORMATION:
Prepared: 6/8/2010 02:03 PM by Sharon Brown
Last Updated: 6/17/2010 06:08 PM by Steven Reed
-2-
Packet Pg. 309
23
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
-1-
Packet Pg. 310
23
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as C-N and outdoor seating uses with a site plan attached will further
lessen the congestion in the streets; help secure safety from fire, panics, floods, and other dangers;
promote health and general welfare; provide adequate light and air; prevent the overcrowding of land;
avoid undue concentration of population; facilitate the adequate provisions of transportation, water,
sewers, schools, drainage and surface water, parks and other public requirements;
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the property described in the attached Exhibit A which is presently zoned C-
N Neighborhood Commercial District Use under Ordinance No. 1144, is changed to S-P-1 Site Plan
District Use for C-N and outdoor seating uses under Ordinance No. 1144, subject to all the
requirements of Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A
of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
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Packet Pg. 311
23
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
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Packet Pg. 312
23
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 313
23.a
ZONING CASE #ZC10-0021, TOWN NORTH SC PARTNER LTD., APPLICANT, REQUESTS A ZONING CHANGE FROM
C-N (NEIGHBORHOOD COMMERCIAL) DiSTRICT USES TO S-P-1 (DETAILED SITE PLAN' FOR C-N
(NEIGHBORHOOD COMMERCIAL) AND OUTDOOR SEATING USES. THIS PROPERTY IS LOCATED AT 3501 N BELT
LINE ROAD.
THIS CASE IS SCHEDULED FOR THE THURSDA Y, JUNE 24, 2010 CITY COUNCIL PUBLIC HEARING.
Chairman Palmer read the item into the record. He then called the applicant.
Attachment: B: June 7, 2010 Planning and Zoning Meeting Minutes (3405 : 11 - ZC10-0021)
Chairman Palmer called for individuals wishing to speak in favor of this item. He then called for
individuals wishing to speak in opposition. There was no one to speak in favor or opposition to this item.
Discussion was closed to the floor and returned to the Commission for their consideration and a motion.
Commissioner Foust moved to forward item #ZC10-0021 to the City Council with a favorable
recommendation. Secretary Randall and Commissioner Gregory seconded the motion.
Chairman Palmer recognized the motion on the floor. There was no discussion of the motion. The
motion carried unanimously.
Ayes: David Palmer, Michael Randall, John Fischer, Eugenia Foust, Douglas Gregory, Robert
LaRose, Chris Allen
There was no other business before the Commission and the meeling was adjourned at 7:12 p.m.
I
,/
58 100
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Property Under
Consideration
2 5
200 Fl "--:=.==:;;:::~=-.1~~,-~----~_--J
Notification I
Boundary I
Owner:
Town North SC Partner, Ltd.
Applicant:
The Dimension Group
Location:
3501 N. Belt Line Road
Existing Zoning:
C-N (Neighborhood Commercial) uses
Requested Zoning:
S-P-1 (Detailed Site Plan) for C-N (Neighborhood Commercial) 'and
Outdoor seating uses
Notices mailed: 5
Responses in favor: 0 Responses opposed: 0
% vote required? No
Case Summary
The applicant is requesting to rezone the property to allow an existing restaurant to
have outdoor seating.
Staff Analysis
• The applicant is proposing to allow a Pizza Hut restaurant the ability to have outdoor
seating under an existing covered patio area in front of the restaurant. The current
C-N (Neighborhood Commercial) zoning does not permit outdoor seating.
• The proposed site plan shows a 1,641 sq. ft. restaurant lease space with 29 seats
(20 indoor, 9 outdoor). 12 parking spaces are required and provided.
• Since the outdoor seating is limited and pedestrian pathways are not blocked, staff
can support the request.
Staff Recommendation
Approval.
On June 7,2010, the Planning and Zoning Commission recommended approval of this
request by a vote of 7-0 (Commissioners Zapanta and Tannehill, absent).
NORTH
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BEING A PART OF LOT 4 OF TOWN CENTRE NORTH ADDITION CASE NUMBER: ZC10-0021
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LEGAL DESCRIPTION <,,- r D SITE PLAN I
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ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
HHS Place 7 is vacant due to the resignation of Harry Weaver
REVISION INFORMATION:
Prepared: 6/10/2010 08:40 AM by Jennifer Phillips
Last Updated: 6/11/2010 08:32 AM by Jennifer Phillips
CITY OF IRVING
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Housing and Human Services Board Nov 2010 8 Smith Phil Chair
Housing and Human Services Board Nov 2011 7 VACANT Harry Weaver resigned May 2010
24.a
Attachment: Current HHS Roster (3412 : 02 Appt HHS)