Beruflich Dokumente
Kultur Dokumente
IRVING, TEXAS
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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, SEPTEMBER 22, 2010 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS
Invocation
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.
2 Ordinance -- Setting the 2010 Tax Rate and Levying the Tax as Required by
the State of Texas Property Tax Code
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: The adoption of this tax rate represents the same or a reduction in taxes
paid by Irving property owners, while assuring that a high level of services are
maintained.
3. The Texas Property Tax Code requires adoption of the tax rate in its two
components, operations & maintenance and debt service. An ordinance has been
prepared reflecting the following rates for adoption by City Council:
General Fund O&M .4152
Debt Service .1609
Total .5761
Recommendation
The ordinance be adopted.
CONSENT AGENDA
5. Approving minutes for the Wednesday, September 08, 2010 work session.
6. Approving minutes for the Thursday, September 09, 2010 regular session.
Recommendation
The resolution be approved.
End of Bids
Recommendation
The resolution be approved.
Recommendation
The resolution be approved.
Recommendation
The resolution be approved.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
36 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.
Ordinance -- Public Hearing & Adoption of the 2010-11 City of Irving Fiscal
Year Budget
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: The 2010-11 budget has been prepared pursuant to discussion with
Council and submitted for adoption.
3. Public Hearings were held on May 27, June 10, June 24, September 9, and on this
date to allow for citizen input.
4. Public Input on the 2010-11 budget should be taken under advisement.
Recommendation
The ordinance be adopted.
ADDITIONAL COMMENTS:
• Contract Required: N/A • Review Completed By: N/A
• Previous Action: Public Hearings: 5/27, • Council Action: Input was received
6/10, 6/24, 9/9
• Budget Retreat: 8/19-20
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REVISION INFORMATION:
Prepared: 9/7/2010 09:19 AM by Shelle Womack
Last Updated: 9/14/2010 11:11 AM by Belinda Rowlett
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WHEREAS, the City Manager has prepared and submitted to the City Council a budget of all
proposed expenditures to be made by the City of Irving in Fiscal Year 2010-2011, and filed the
proposed budget with the City Secretary making it available for inspection by any person more than
thirty days prior to this date, in compliance with Section 102.005, Texas Local Government Code
(T.L.G.C.); and
WHEREAS, after proper notice and public hearing, the City Council has taken the comments of
the public and finds that it has performed all other acts required by law for the passage of a municipal
budget; and
WHEREAS, the City Council finds that the budget as attached to this ordinance is in the best
interests of the taxpayers and will promote a high quality of life for the residents, visitors and
businesses;
SECTION 1. That the annual budget of the City of Irving, Texas, for the fiscal year beginning
October 1, 2010, and ending September 30, 2011, attached hereto, is hereby approved and adopted, and
the respective sums of money therein designated for the various Funds of the City, be and the same are
hereby appropriated at the Fund level.
SECTION 2. That the following budgets for the 2010-2011 fiscal year beginning October 1,
2010, and ending September 30, 2011, attached hereto, are hereby approved and adopted: General
Fund Budget; Water and Sewer System Fund Budget; Solid Waste Services Fund Budget; Municipal
Drainage Utility Fund Budget; Garage Fund Budget; Capital Improvement Funds Budgets; Grant Funds
Budgets; Replacement Funds Budgets; Other Funds Budgets; and Irving Convention and Visitors
Bureau, Irving Arts Center, and Other Associated Funds Budgets.
SECTION 3. That true copies of said budgets as approved and adopted be filed in the Office of
the County Clerk of Dallas County, Texas, and posted on the city’s web site.
SECTION 4. That this budget shall be administered by the City Manager as the budget officer
and the Chief Executive Officer of the City in accordance with the guidelines established by the City
Manager and reported to the City Council.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Ordinance -- Setting the 2010 Tax Rate and Levying the Tax as Required by
the State of Texas Property Tax Code
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: The adoption of this tax rate represents the same or a reduction in taxes
paid by Irving property owners, while assuring that a high level of services are
maintained.
3. The Texas Property Tax Code requires adoption of the tax rate in its two
components, operations & maintenance and debt service. An ordinance has been
prepared reflecting the following rates for adoption by City Council:
General Fund O&M .4152
Debt Service .1609
Total .5761
Recommendation
The ordinance be adopted.
ADDITIONAL COMMENTS:
• Contract Required: N/A • Review Completed By: N/A
• Previous Action: N/A • Council Action: N/A
•
•
REVISION INFORMATION:
Prepared: 9/7/2010 09:28 AM by Shelle Womack
Last Updated: 9/15/2010 04:02 PM by Shelle Womack
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AN ORDINANCE FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE CITY
OF IRVING, TEXAS, FOR THE YEAR 2010 AND DIRECTING THE ASSESSMENT THEREOF.
WHEREAS, the City of Irving Tax Assessor has submitted to the Irving City Council the tax
rate calculated and published pursuant to Section 26.04 of the Texas Property Tax Code; and
WHEREAS, the City Council has adopted a budget of all proposed expenditures for fiscal year
2010-11;
SECTION 1. For the maintenance and operations expenditures of the City of Irving, Texas, for
the next year, there is hereby levied and ordered to be assessed and collected for the year 2010, on all
property situated within the corporate limits of the City of Irving, Texas, and not exempt from taxation
by valid law, an ad valorem tax at the rate of $0.4155 on the One Hundred Dollar ($100.00) valuation
of such property.
SECTION 2. For the purpose of paying interest and providing a sinking fund for the payment
of each issue of bonds issued for various municipal purposes, including the various installments of
principal falling due during the ensuing year, there is hereby levied and ordered to be assessed and
collected for the year 2010 on all property situated within the corporate limits of the City of Irving,
Texas, and not exempt from taxation by valid law, an ad valorem tax at the rate of $0.1606 on the One
Hundred Dollar ($100.00) valuation of such property.
SECTION 3. That the City Council by this ordinance hereby notifies the City of Irving Tax
Assessor the tax rate adopted for the 2010 tax year is $0.5761 per One Hundred Dollar ($100.00)
valuation.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
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City Attorney
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Ordinance -- Adopting the 2010 City of Irving Tax Roll as Required by the
State of Texas Property Tax Code
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Adoption of the Appraisal Roll with the calculation of tax imposed on each
property becomes the City’s Tax Roll for collection of this year’s taxes.
3. The Tax Assessor has calculated and determined the tax imposed on each piece of
property included on the appraisal roll for the City of Irving pursuant to Section
26.09 of the Texas Property Tax Code and has submitted it to the City Council for
approval.
Recommendation
The ordinance be adopted.
ADDITIONAL COMMENTS:
• Contract Required: N/A • Review Completed By: Karen Brophy
• Previous Action: N/A • Council Action: N/A
• .
•
REVISION INFORMATION:
Prepared: 9/13/2010 09:27 AM by Shelle Womack
Last Updated: 9/15/2010 09:23 AM by Shelle Womack
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AN ORDINANCE ADOPTING THE 2010 CITY OF IRVING TAX ROLL AND PROVIDING FOR
A SEVERABILITY CLAUSE.
WHEREAS, the Tax Assessor has calculated and determined the tax imposed on each piece of
property included on the appraisal roll for the City of Irving pursuant to Section 26.09 of the Texas
Property Tax Code and has submitted said document which is attached hereto;
SECTION 1. The City Council hereby approves the appraisal roll and tax determinations
contained therein submitted to it by the Tax Assessor and said document is hereby adopted as the 2010
City of Irving Tax Roll.
SECTION 2. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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The Irving City Council met in work session September 8, 2010. The following members were
present/absent:
DISCUSSION TOPIC
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39 Resolution -- Approving Special Sign Permit Case No. S1007-0074 to Allow Two
Digital Signs at 7660 N. MacArthur Boulevard - North Dallas Bank & Trust Co.,
Applicant/Owner
Kenneth Bloom, Chief Planner, presented the applicant’s request for signage at
7660 N. MacArthur Boulevard. He noted staff’s support of the applicant’s
request.
40 Ordinance -- Zoning Case #ZC10-0030 - Granting S-P-2 (Generalized Site Plan)
for R-7.5 (Single Family) District Uses - Approximately 1.644 Acres Located at
1412 East Union Bower Road - JDJR Engineers and Consultants, Inc., Applicant
- Carole Bogart, Owner
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EXECUTIVE SESSION
Council convened into executive session pursuant to Section 551.071 of the Texas Local
Government Code at approximately 2:10 p.m.
___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Shanae Jennings, TRMC
City Secretary
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The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, September 9, 2010 at 7:17 p.m. The following members were
present/absent:
Marsha Dickens, 1624 Fowler Street – Ms. Dickens announced events of the Irving
Optimist Club and promoted events associated with the club.
INVOCATION
The invocation was delivered by Rev. John Fletcher, Oak Haven United Methodist
Church.
PLEDGE OF ALLEGIANCE
1 Public Hearing -- Public Input Hearing on the 2010-11 City of Irving Fiscal Year
Budget
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The following individuals signed up in opposition of this item but did not wish to
City Manager Tommy Gonzalez presented the video for the city operations
update.
CONSENT AGENDA
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This item was pulled and referred to the Audit and Finance Committee for further
discussion.
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Jim Dewey, JDJR Engineering, 2500 Texas Drive, Suite 100, Irving, Texas,
represented the property owner for Key Life Homes - Mr. Dewey indicated that
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The following individuals signed up in opposition to this item but did not wish to
speak:
Carol Boyle, 1330 Boyd Drive, Irving, TX
Darla McDaniel, 1312 Boyd Drive, Irving, TX
Greg Hargrave, 2704 Starlake, Irving, TX
Mike Boyle, 1330 Boyd Drive, Irving, TX
Gilbert Thornton, 1328 E. Union Bower, Irving, TX
B. Kriesie Rimes, 1421 Vance, Irving, TX
Sandra Muzyla, 1318 E. Union Bower, Irving, TX
David Blair, 1700 N. Irving Heights Drive, Irving, TX
Tammy Swofford, 1811 Pilgrim Drive, Irving, TX
Pat Swafford, 1811 Pilgrim Drive, Irving, TX
Ed Graham, 1329 E. Union Bower, Irving, TX
Roy Getting, 2208 Rita Court, Irving, TX
Dorothy M. Owen, 1225 E. Union Bower, Irving, TX
Susan Owen, 1110 Owenwood Drive Irving, TX
Evan Owen, 1110 Owenwood Drive, Irving TX
Edward Owens, 1609 N. Irving Heights, Drive #172, Irving, TX
Cecilia Hoyle, 3616 Bryn Mawn, Irving, TX
Johnny Stark, 2214 W. 10th, Irving, TX
Joshua Blair, 1700 N. Irving Heights Drive, Irving, TX
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43 Adjournment
Citizens’ Forum
Tom Madrzykowski, 2220 Spanish Trail, Irving, TX - Mr. Madrzykowski spoke about the
potential for a bond sale for Twin Wells Golf Course.
Herbert A. Gears
ATTEST:
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ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: Ord. 2010-9150 Council Action: Adopted General control
schedule and provided for development of
departmental schedules.
ATTACHMENTS:
AS Control Schedule (PDF)
Ord 2010-9150 (PDF)
REVISION INFORMATION:
Prepared: 9/9/2010 10:22 AM by April Goff
Last Updated: 9/17/2010 01:52 PM by Shanae Jennings
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CITY OF IRVING
SECTION II. THAT records identified on the attached Records Control Schedule with a retention
period of two years or less may be destroyed pursuant to Section 2-42 of The Code of
Civil and Criminal Ordinances of the City of Irving, Texas, and the Director or
designee of the Animal Services Department and the City Attorney will review and
authorize requests for destruction of records with retention periods longer than two
years.
SECTION III. THAT this resolution shall take effect after approval of the attached Records Control
Schedule by the Texas State Library and Archives Commission, and it is accordingly
so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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7.a
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Attachment: AS Control Schedule (3581 : 02 RM Records Control Schedule Animal Service)
7.a
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Attachment: AS Control Schedule (3581 : 02 RM Records Control Schedule Animal Service)
7.a
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Attachment: AS Control Schedule (3581 : 02 RM Records Control Schedule Animal Service)
7.b
WHEREAS, the City of Irving desires to create a General Records Control Schedule for records
that are common to all departments ofthe city; and
WHEREAS, this process will streamline the management of records on the attached General
Records Control Schedule;
SECTION 1. That Section 2-41 of Chapter 2 "Administration" of The Code of Civil and
Criminal Ordinances ofthe City ofIrving, Texas, is hereby amended to read as follows:
Sec. 2-41. Records control schedules to be developed; approval; filing with state.
(a) The records management officer, in cooperation with department directors and records liaison
officers, shall prepare records control schedules on a department-by-department basis listing all records
created or received by the department and the retention period for each record.
(b) Each records control schedule shall be monitored and amended as needed by the records
management officer to ensure that it is in compliance with records retention schedules issued by the
state and that it continues to reflect the recordkeeping procedures and needs of the department and the
records management program of the city.
(c) Before its adoption, a records control schedule or amended schedule for a department must be
approved by the department director, the city attorney, and the city council.
(d) After its adoption, a records control schedule must be submitted to and accepted for filing by
the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule
shall be amended to make it acceptable for filing. The records management officer shall submit the
records control schedules to the Texas State Library and Archives Commission.
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SECTION 2. That Chapter 2 "Administration" of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended by adding a new Section 2-41.1 to read as follows:
Sec. 2-41.1. General records control schedule; approval; filing with state.
(a) The records management officer, in cooperation with department directors and records liaison
officers, may prepare a general records control schedule listing records created or received by city
departments and the retention period for each record.
(b) The general records control schedule shall be monitored and amended as needed by the
(c) Before its adoption, the general records control schedule or amended schedule must be
approved by the city manager or his designee, the city attorney, and the city council.
(d) After its adoption, the general records control schedule must be submitted to and accepted for
filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the
schedule shall be amended to make it acceptable for filing. The records management officer shall
submit the general records control schedule to the Texas State Library and Archives Commission.
SECTION 3. That Section 2-42 of Chapter 2 "Administration" of The Code of Civil and
Criminal Ordinances of the City ofIrving, Texas, is hereby amended to read as follows:
Sec. 2-42. Implementation of records control schedules; destruction of records under schedule.
(a) A records control schedule that has been approved and adopted under this article shall be
implemented by department directors and records liaison officers according to the policies and
procedures ofthe records management plan.
(b)' A record whose retention period has expired on a records control schedule shall be destroyed
unless a public information request is pending on the record, the subject matter of the record is
pertinent to a pending lawsuit, or the department director requests in writing to the records management
officer that the record be retained for an additional specified period.
(c) Prior to the destruction of a record under an approved records control schedule, authorization
for the destruction must be obtained by the records management officer from the department director or
designee and the city attorney.
SECTION 4. The City Council approves the attached General Records Control Schedule.
Records identified on the General Records Control Schedule with a retention period oftwo years or less
may be destroyed pursuant to Section 2-42 of The Code of Civil and Criminal Ordinances of the City of
Irving, Texas.
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SECTION 5. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase ofthis ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase ofthis ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on January 14,2010.
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: Resolution 2009-371 Council Action: Resolution be approved
ATTACHMENTS:
Amendment No. 3 - 2010 (PDF)
REVISION INFORMATION:
Prepared: 8/31/2010 02:14 PM by Christie Williams
Last Updated: 9/14/2010 02:47 PM by Belinda Rowlett
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CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 5041-4110-564804-1150.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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8.a
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Attachment: Amendment No. 3 - 2010 (3565 : 6 Interlocal Agr, W/Dallas Co., Hazardous Waste)
8.a
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Attachment: Amendment No. 3 - 2010 (3565 : 6 Interlocal Agr, W/Dallas Co., Hazardous Waste)
8.a
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Attachment: Amendment No. 3 - 2010 (3565 : 6 Interlocal Agr, W/Dallas Co., Hazardous Waste)
8.a
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Attachment: Amendment No. 3 - 2010 (3565 : 6 Interlocal Agr, W/Dallas Co., Hazardous Waste)
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By:
Previous Action: No. 9-20-07-369 Council Action:
.
ATTACHMENTS:
Java Me Up Contract (PDF)
REVISION INFORMATION:
Prepared: 9/8/2010 04:49 PM by Maria Williams
Last Updated: 9/15/2010 11:04 AM by Jennifer Phillips
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CITY OF IRVING
SECTION II. THAT to maintain a quality coffee services, as value-added amenity to the public at
the Valley Ranch facility, the monthly payments will remain at $1,000.00 per month
for a period of three years from October 1, 2010 through September 30, 2013 with
annual reviews.
SECTION III. THAT Renewal to Amendment No. 1 shall take effect on October 1, 2010, and it is
accordingly so ordered
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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9.a
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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Attachment: Java Me Up Contract (3579 : 7 Renewal Agreement - VY Ranch Coffee Svc)
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: Council Action:
2008-420 Approval of Agreement
2008-526 Approval of Addendum No. 1
2009-60 Approval of Addendum No. 2
2009-298 Approval of Addendum No. 3
2009-406 Approval of Annual Appropriation
1. On September 18, 2008, Council approved an agreement with the Greater Irving-Las
Colinas Chamber of Commerce for economic development services to be provided from
October 1, 2008 through September 30, 2009 in the amount of $1,360,000.00. The term of
the agreement is six years subject to annual appropriations by the City Council, and will expire
on September 30, 2014.
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2. On November 6, 2008, Council approved Addendum No. 1 to allow for the Chamber to
provide management and leasing services for the three Texas Stadium Theme Towers and
for parking provisions to support the PGA sponsored Byron Nelson Golf Tournament.
3. On February 5, 2009, Council approved Addendum No. 2 to allow for the Chamber to
provide services to implement and sustain long-term redevelopment of the Irving Boulevard
corridor, including planning and design of a museum with associated administrative expenses
in the amount of $15,000.00, and for coordination of the Clarion Associates, LLC, contract in
the amount of $270,000.00.
4. On July 9, 2009, Council approved Addendum No. 3 to allow for the Chamber to
provide oversight and management of the redevelopment of the Irving Boulevard corridor,
including the creation of a division of the Chamber focused on businesses within the Irving
Boulevard corridor, and to operate a Chamber of Commerce Information Center and a branch
office in the Community Building located at 135 S. Jefferson.
5. On September 24, 2009 the Council approved the annual appropriation for FY10 between
the City of Irving and the Greater Irving-Las Colinas Chamber of Commerce in an annual
amount not to exceed $1,675,000.
ATTACHMENTS:
ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (PDF)
REVISION INFORMATION:
Prepared: 9/9/2010 05:23 PM by Belinda Rowlett
Last Updated: 9/14/2010 10:45 AM by Brad Duff
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CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 1020-2904-56401-100.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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10.a
STATE OF TEXAS §
Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
§ Economic Development Services Contract
COUNTY OF DALLAS §
W I T N E S S E T H:
The City and Chamber agree that the goal of this Agreement is promoting economic
development and business growth through a series of highly effective strategies and programs
with the following overall objectives:
A. To increase the City’s tax base by implementing programs that could increase
the occupancy of buildings in the City;
D. Management and leasing of the three Theme Towers owned by the City of
Irving for the purpose of using this lease revenue for marketing, recruitment,
and retention of existing businesses.
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10.a
Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
I. ECONOMIC DEVELOPMENT MARKETING SERVICES
A. Scope of Services. CHAMBER shall use its best efforts in providing economic
development services for the City both domestically and internationally. The
CHAMBER shall promote economic development and business growth through a
series of highly effective strategies and programs as outlined below:
Objectives:
(b) Pursuing programs that could increase the demand for available
property thus enhancing the City’s tax base.
ii) Assist in increasing the number of high-paying job opportunities for the
CITY’s residents
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Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
vi) Create advertisements or support events that create a positive image for
the CITY;
viii) Develop initiatives that will result in direct contact with targeted firms by:
ix) Respond to all leads generated through trade shows, marketing trips,
advertising and economic development allies with formal or informal
corporate relocation proposals as appropriate;
xi) Assist the CITY in implementing its Strategic Plan with specific emphasis
on Strategy Number 3, Cultivate an Environment Conducive to Strong,
Successful Economic Development to Enhance and Diversify Irving’s
Economic Base.
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Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
informal, drop-in visits to businesses by the Chamber or its members and/or
City staff, welcome letters, congratulatory letters, forums and receptions as
appropriate.
c. The Chamber shall generate 50 new, viable projects that have a reasonable
expectation of resulting in a relocation or expansion in the city of Irving.
These leads will be generated through trade show missions, working with
local, regional and national commercial real estate brokers and site selectors,
and advertising and sponsorships of events by the Chamber.
d. The Chamber shall pursue involvement of business leaders within the City to
bring business decision-makers together to express appreciation for them
choosing Irving and to provide them opportunities to develop new business
relationships with their peers. The Chamber will coordinate at least two (2)
events during the fiscal year.
e. The Chamber shall coordinate at least six (6) Small Business Workshops (two
bilingual) during the fiscal year to disseminate information and resources for
small businesses in Irving that will help them be more successful.
f. The Chamber shall expand its use of the HP Byron Nelson Championship as
a tool for recruiting new businesses into Irving and retention of existing
businesses. The Chamber shall continue its participation with the North
Texas Commercial Association of Realtors (NTCAR) by co-sponsoring the
Las Colinas Bus Tour in conjunction with the Byron Nelson.
g. The Chamber shall maintain visibility of the City of Irving with the commercial
real estate brokers and/or Urban Land Institute by hosting or sponsoring
events during the fiscal year. The intent will be to highlight the advantages of
an Irving address for their clients.
h. The Chamber shall participate in a minimum of four (4) events, including trade
shows and/or mission trips, which will provide opportunities to meet prospects
for relocation and/or expansion into Irving. These events may include joint
participation in national or regional events with the Dallas-Fort Worth
Marketing Team or other groups providing a focus on key markets or targeted
business categories.
j. Assist City in redevelopment initiatives at the former Texas Stadium site and
Heritage Crossing.
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Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
market of Irving by:
CHAMBER may request, and the CITY shall amend, the amount of payment
in any one month up to a maximum of ten percent (10%), if the CHAMBER
submits revisions to future months so that the total for the fiscal year does not
exceed One Million Six Hundred Seventy-Five Thousand Dollars
($1,675,000).
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Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
development activities and programs in accordance with Texas law and in
accordance with the annual work plan and economic development budget
presented to the City Council in July of each year and upon which the City
Council based its line item appropriation supporting this Contract with
CHAMBER.
f. It is understood that the amount budgeted for each respective fiscal year of
this Contract shall not be exceeded for any reason without written
authorization of the CITY.
• Chamber shall provide the management and leasing of the three Theme
Towers (hereinafter referred to as “Theme Towers”) located on City property
formerly the site of Texas Stadium. City recognizes that the Chamber has
entered into an agreement with Clear Channel Outdoor, Inc., for management
of the Theme Towers under the Theme Tower Management Agreement dated
May 20, 2009, for a period of time ending December 31, 2019.
• Tournament parking - The Chamber shall coordinate with and assist the
Salesmanship Club of Dallas to accommodate the PGA sponsored HP Byron
Nelson Championship Tournament for the purposes of providing adequate
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parking for the tournament. Such parking may include the former “Red Lot” at
Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
Texas Stadium or other conveniently located available parking.
b. Leasing the Theme Towers on the most favorable terms to create a stream of
income to accomplish the Overall Objectives; and
c. Working directly with and assisting the Salesmanship Club of Dallas and the
HP Byron Nelson Championship to assure adequate parking to meet
Tournament needs.
B. Performance Measures.
b. Any contract with a third party shall require the third party to indemnify the
City. The third party shall be required to name the City as an additionally
insured on a general commercial liability policy in an amount that is
acceptable to the City. Any contract related to the Scope of Services must be
assignable to the City.
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Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
D. Use of Revenue.
a. Revenue from the Theme Towers shall be used first to offset any operational
costs of the Theme Towers including electricity, maintenance, commissions,
fees, rental payments.
b. Revenue generated from the leasing of the Theme Towers may be used for
economic development marketing as well as hosting corporate executives,
real estate executives, and site selectors who currently have vendors or
customers already located within the City.
d. The Theme Towers may also be used to promote and announce economic
development wins for the City, advertise key community events including the
convention center and entertainment venue and public information messages
that are important to share with citizens and commuters along the major
highways adjacent to the Theme Towers.
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Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
IV. CHAMBER OF COMMERCE INFORMATION CENTER
A. Scope of Services. CITY will provide the CHAMBER the use of the Community
Building located at 135 S. Jefferson, for its use as a Chamber of Commerce Information
Center. Consideration of all costs and maintenance of the building and grounds shall
remain the responsibility of the City. The City shall make mutually agreed alterations to
the building throughout the term of this agreement. The CHAMBER shall compensate
the CITY an amount of $1,500 per month in lease payments and $1,250 per month to
offset the costs of utilities, maintenance, and security to the building.
It is expressly understood and agreed that the presence of this Contract shall not
preclude the CHAMBER from advancing its policy positions to or before the Irving
City Council. However, the CHAMBER will use its best efforts to ensure that verbal
presentations of policy positions before the City Council for the City will be done by
CHAMBER Chairman of the Board, President/CEO, staff and other volunteer group
leaders, as appropriate.
Upon adoption of a policy by the City Council of the CITY, the CHAMBER will in its
business recruitment /marketing efforts under this Agreement always support that
policy and present CITY as the preferred choice for business location.
D. TERM AND TERMINATION. This Contract shall be for a period of five (5) years
commencing on October 1, 2010. It is the intent of both parties that this Contract be
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reviewed annually in a joint meeting and any amendments be presented to the City
Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
Council when annual compensation is being determined. The expiration date shall
be September 30, 2014. The amount of annual funding for future periods will be
established by the City Council of the CITY during its normal budget process.
The parties understand and acknowledge that in the new space the Chamber has
occupied since July 23, 2010, the Chamber is not able to segregate the economic
development center space from the space the Chamber required for its other
operations. Therefore, in the event of termination, the Chamber will not be easily able to
sublet that portion of the space devoted to economic development.
As permitted by the Agreement, and in consideration for the continued fulfillment of the
Agreement, which consideration the parties acknowledge, the parties hereby adopt and
agree to the following additional provisions to the Agreement:
1. In the event the City or Chamber wishes to terminate the Agreement, it will
provide notice to the other party, which will trigger the “Termination Period.”
2. The Termination Period will be: A) the lesser of 180 days following notice
of termination or B) the date (after such notice) on which the Chamber notifies the City
that the Termination Period is ended.
3. During the Termination Period, the City will continue to make the monthly
payments called for in the Agreement on the following schedule:
a. During months 1 through 3, the payments will be 100% of the
monthly payment amounts called for in the Agreement.
b. During months 4 through 6, the payments will be 90%, 70% and
50% of the monthly payment amounts called for in the Agreement,
respectively.
4. During the Termination Period, the Chamber will continue to provide
economic development work for the City on a pro rata basis that corresponds to the
percentage of payment called for in paragraph 3a. and 3b, above. However, the City
may request additional economic development work, providing it pays the Chamber an
amount that corresponds to the additional amount of work requested.
5. During the Termination Period, the City will assist the Chamber in
renegotiating its lease or subletting the Chamber space, and the City will assist the
Chamber in the outplacement of the Chamber’s economic development staff.
6. During and following the Termination Period, the City shall have no other
financial obligations to the Chamber save as stated in paragraph 3a,and 3b, above.
5. REPORTING. CHAMBER shall provide the City Manager, Chief Financial Officer
and Chief Development Officer a preliminary operating budget by May 15 of each
year, copies of its economic development division’s annual work program and
proposed operating budget by July 15 of each year and a copy of its annual audited
financial statement within one hundred twenty (120) days after the end of the
CHAMBER’s fiscal year. The CHAMBER will also submit copies of the management
letter, prepared by the independent auditor in conjunction with the annual audit,
within ten (10) days of its presentation to the CHAMBER’s Board of Directors. The
CHAMBER shall also submit copies of the CHAMBER’s response to the
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management letter to the City Manager and Chief Financial Officer no later than forty
Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
five (45) days after receipt of the management letter. Copies of quarterly budget
reports, including revenue and expenses by budget categories will also be provided
to the CITY as requested, or required, by the CITY. The financial records
associated with this Contract shall be made available for review by the City or its
designated representative, upon request and reasonable advance notice by the
CITY.
It is specifically agreed that the CHAMBER shall meet with the City Manager, Chief
Financial Officer and/or the Chief Development Officer of the CITY, not less than
once each calendar quarter, to discuss progress and target market strategies. The
CHAMBER shall provide to the CITY performance reports, on a quarterly basis in
January, April, July and October, of the progress and accomplishments of the
CHAMBER’s economic development efforts.
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 Chamber with respect to the Services. If such audit shall
disclose overpayment by the CITY to the Chamber, written notice of such
overpayment shall be provided to the Chamber and the amount of overpayment
shall be promptly reimbursed by the Chamber to the City. In the event 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.
It is also the intent of this Contract that the CHAMBER report on the status and
effectiveness of economic development efforts in a manner that is consistent with
this agreement.
CHAMBER also agrees to annually report to the CITY a complete listing of all
firms/businesses that the CHAMBER materially assisted with their relocation or
expansion to CITY. Included in this report will be a listing of all announced new jobs,
and the levels of new business investment associated with each firm when
determination of such new investment is possible.
Records of the CHAMBER relative to this contract and use of public monies shall be
open to the public. The only exception to this provision is those records directly
related to active client contacts of negotiations, including the identity of client firms
and site location considerations. Nothing herein shall be construed to require
greater disclosure than state law requires, as may be determined by court order or
Attorney General’s Opinion. Notwithstanding state law, however, the City Council of
the CITY shall be entitled to determine as a matter of public policy that certain
records should be disclosed. Nothing herein shall be construed to imply that the
CHAMBER itself is subject to the Open Records Act.
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Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
change of address or any other matters required or desired to be given to CITY or
CHAMBER shall be given in writing or delivered by courier, overnight delivery
service, facsimile transmission, or through the U.S. postal service, postage prepaid
and by certified mail, return receipt requested, at the following addresses:
7. BINDING CONTRACT. This Contract is binding and shall inure to the benefit of the
parties and their respective legal representatives, successors, and assigns.
8. HEADINGS. The headings and captions in this Contract are for convenience only
and shall in no way amend, modify, or in any way affect the substance of this
Contract.
10. GOVERNING LAW. This Contract shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Dallas County, Texas.
11. SOLE AGREEMENT. This Contract constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or oral agreements
between the parties respecting the subject matter.
BY: BY:
HERBERT A. GEARS CHRIS E. WALLACE
Mayor President/CEO
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ATTEST:
City Attorney
City Secretary
SHANAE JENNINGS
CHARLES ANDERSON
APPROVED AS TO FORM:
WITNESS:
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Attachment: ED Services Agreement City-Chamber 2010-11 Final 9 17 10 (3582 : 8 Agree Irving Chamber of Commerce FY10-11 Ec Dev)
THE STATE OF TEXAS §
§ Chamber Acknowledgment
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Chris E. Wallace, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of CHAMBER, a non-profit corporation of Dallas County, Texas, and as
President thereof, and for the purposes and consideration therein expressed and in the capacity
therein stated.
(Seal)
Notary Public In and For the State of Texas
My Commission Expires:
____________________
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11
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Charles R. Anderson
Previous Action: Council Action:
.
ATTACHMENTS:
A. RES North Texas Tollway Authority - Second Amendment to Non-Exclusive Distribution
Agreement (PDF)
B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (PDF)
C. North Texas Tollway Authority - First Amendment to Non-Exclusive Distribution Agreement
(PDF)
REVISION INFORMATION:
Prepared: 9/8/2010 04:47 PM by Belinda Rowlett
Last Updated: 9/13/2010 10:19 AM by Belinda Rowlett
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 September 23, 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: Kuruvilla Oommen
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
Oncor DSA Las Colinas Blvd & Fuller Dr. (PDF)
New Feeder Cable (PDF)
REVISION INFORMATION:
Prepared: 9/7/2010 01:44 PM by Kay Corrales
Last Updated: 9/14/2010 04:07 PM by Kay Corrales
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 4001-1902-77010-909050 in
the amount of $66,794.00 and Account No. 4005-1902-77010-909050 in the amount
of $124,046.00.
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 September 23, 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: N/A
Previous Action: N/A Council Action: N/A
.
On September 3, 2010, bids were received for the SH 183 Sound Wall/Sanitary Sewer Main
Relocation & Water Main Abandonment Project. The following is a tabulation of the bids
received:
ATTACHMENTS:
SH 183 Bid Summary (PDF)
SH 183 Drawing (PDF)
REVISION INFORMATION:
Prepared: 9/8/2010 09:19 AM by Kay Corrales
Last Updated: 9/15/2010 11:44 AM by Lana King
CITY OF IRVING
SECTION II. THAT $2,014.10 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. 5412-3271-71401-906008 in
the amount of $82,774.10 and Account No. 5411-3251-75901-906008 in the amount
of $12,725.90 for a total amount of $95,500.00.
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 September 23, 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: Jennifer Richie
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
KIB CONTRACT 2010 (PDF)
Kib 2010-11 Budget Summary (PDF)
REVISION INFORMATION:
Prepared: 8/23/2010 02:47 PM by Maria Guzman
Last Updated: 9/15/2010 11:10 AM by Jennifer Phillips
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 5041-1150-56401-1160.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
2. Authorization. In 1990, the Irving City Council passed Resolution No. 12-13-90-616,
which initiated the development of a Keep America Beautiful (KAB) System type program. The
Resolution also directed that an administrator be hired to coordinate the activities of the program.
As a part of becoming a KAB affiliate, Keep Irving Beautiful (KIB) was created as a private non-
profit corporation, whose purpose is to assist the City in furthering the goals of a KAB type
program in Irving. KIB, having incorporated as a nonprofit corporation in the State of Texas and
3. City Program Support. The City agrees to provide office space and funding for an
administrator to assist KIB, as hereinafter provided. The administrator shall be a City of Irving
employee under the supervision of the Code Enforcement Department or as otherwise designated
by the city manager. The administrator may be the coordinator of the KIB program, but may
also work on other tasks as assigned by the City. This administrator will act as the City’s agent,
to provide support and assistance KIB, to further the goals of KIB and of the KAB system in
Irving, by:
a) performing as a resource and advisor on program planning to the KIB president and the
KIB board;
b) maintaining records and reports as necessary for certification in the KAB System, based
on information gathered by and provided by KIB;
d) providing public information and educational support to such city departments as the Code
Enforcement Department Director may deem appropriate;
f) promoting the public interest in maintaining a clean, beautiful, and environmentally healthy
community.
4. City Funding Responsibilities. The City agrees to allocate funding for the services
authorized and agreed to herein in its annual budget in an amount not to exceed $67,880. See
attached Exhibit A, showing current budget allocation. Funding in subsequent budget years is
subject to City Council authorization. The funds are to be maintained in a City of Irving account
to be used to support the efforts of KIB, and are not to be placed in the treasury of KIB. The
funds can be used to reimburse expenditures incurred in the delivery of KIB Board authorized
5. City 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 seventy-two (72) hours advance notice, to
audit, to examine, and to make copies of, or extracts from, the books of account and records
maintained by KIB with respect to the performance of this Agreement. If such audit shall disclose
overpayment by City to KIB, written notice of such overpayment shall be provided to KIB and
the amount of overpayment shall be promptly reimbursed by KIB 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.
6. KIB Responsibilities. KIB agrees to provide to the City, organizational support for a
Keep America Beautiful (KAB) system program. KIB will perform as an advocate for a cleaner
Irving, and provide the necessary grassroots support to the City by implementing a behaviorally-
based KAB program, designed to educate the public on better solid waste handling practices,
while improving the cleanliness and appearance of the City of Irving. KIB shall provide as a
minimum the following services:
a) Prepare a projected annual activities calendar and budget, coinciding with the City’s fiscal
c) Conduct, sponsor, and participate in an annual state cleanup activity sanctioned by Keep
Texas Beautiful, utilizing citizen volunteers and facilitating compliance with the City's
NPDES-National Pollutant Discharge Elimination System permit requirements.
d) Conduct, sponsor, and participate in "The Great American Cleanup" or other annual
cleanup or educational activity as required by Keep America Beautiful, utilizing citizen
volunteers;
e) Satisfy all necessary Keep America Beautiful requirements to remain KAB certified;
f) Allow the City to use the KIB logo on City signs and printed materials that compliment
the stated objectives of the KAB system;
g) Maintain books and records showing expenses and receipts and make these books Deleted: <#>Develop, maintain, and
distribute a quarterly newsletter to inform
available to the City for review or audit; the membership and help create a
grassroots network of volunteers; ¶
¶
h) Provide funding to meet KIB’s obligations in excess of what has been committed by the
Formatted: Bullets and Numbering
City except that such cash and/or in-kind contributions shall not be less than the amount
Formatted: Bullets and Numbering
necessary to fund minimal programming functions required elsewhere in this Agreement.
7. Terms of Agreement. The term of this Agreement shall be from the effective date set
forth below through September 30, 2010, and thereafter shall be renewable annually, provided
that a letter confirming KIB’s commitment to the Agreement is received by the City, at least, sixty
(60) days prior to the renewal date. Further, the City’s commitment to this Agreement is based
on the Irving City Council funding the program, and the City’s commitment to the program will
cease and this Agreement will terminate should the City Council choose not to fund the
administrator, the program expenses, or both.
Deleted: 8.
Approvals. This Agreement shall be effective as of the date of the approving City of
Irving Resolution.
By: By:
Randy Boatright, President Herbert A. Gears, Mayor
By:
Janice Carroll, TMRC
City Secretary
APPROVED AS TO FORM:
By:
Jennifer Richie
Senior Assistant City Attorney
CORPORATE ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State,
on this day personally appeared Randy Boatright, Board President of Keep Irving Beautiful,
Incorporated, 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 Keep Irving
Beautiful, a non-profit corporation, that was duly authorized to perform the same by appropriate
resolution of the board of directors of such corporation and that executed the same as the act of
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of
________________ A.D. 2009.
____________________________________
Notary Public In and For State of Texas
My Commission Expires:
_______________________________
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By:
Previous Action: 5-24-07-192 Council Action: Adoption of Prevailing Wage
Rate
ATTACHMENTS:
City of Irving Wage Rates 2010 (XLSX)
REVISION INFORMATION:
Prepared: 7/19/2010 01:22 PM by Cynthia Castro
Last Updated: 9/17/2010 09:52 AM by Cynthia Castro
CITY OF IRVING
WHEREAS, the City of Irving has conducted a survey of the wages received by classes of
workers employed on projects of a character similar to the contract work performed in the City of
Irving; and
WHEREAS, the City Council has determined the general prevailing rate of per diem wages in
the corporate limits of the City for each craft or type of worker or mechanic needed to execute a
contract for public work, which includes the prevailing rate for legal holiday and overtime work; and
WHEREAS, state law requires that prevailing wage rates be established for construction of a
public work, including a building, highway, road, excavation and repair work, or other project
development or improvement;
SECTION I. THAT the City Council hereby adopts the attached document entitled “City of Irving
Adopted Wage Rate Schedule - 2010” as the prevailing rate of per diem wages in the
City of Irving, Texas, for construction of a public work. The prevailing rate for legal
holiday and overtime work shall be the base hourly rate times 1.5.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
CITY OF IRVING
ADOPTED WAGE RATE SCHEDULE - 2010
Attachment: City of Irving Wage Rates 2010 (3495 : 29 Adopt Prevailing Wage Rate for Construction)
Acoustical Ceiling Installer Helper $ 10.53
Carpenter $ 15.95
Forklift $ 9.00
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Attachment: City of Irving Wage Rates 2010 (3495 : 29 Adopt Prevailing Wage Rate for Construction)
Landscape/Irrigiation Installer $ 7.50
Lather $ 11.50
Paperhanger $ 11.30
Pipefitter $ 12.80
Plasterer $ 15.06
Plumber $ 12.80
Plumber Helper
Roofer $ 9.45
Waterproofer $ 11.00
Welder $ 12.50
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16
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By:
Previous Action: Council Action:
ATTACHMENTS:
Letter of Recommendation for Balfour-Azteca (PDF)
IEC Balfour-Azteca JV Bio (PDF)
REVISION INFORMATION:
Prepared: 7/23/2010 11:04 AM by Cynthia Castro
Last Updated: 9/16/2010 06:19 PM by Brenda McDonald
CITY OF IRVING
WHEREAS, the City and Las Colinas Group, LP (“the Partnership”), entered into a Second
Amended and Restated Entertainment Center Development Agreement dated as of August 5, 2010
(“the Agreement”); and
WHEREAS, subject to the provisions of the Agreement, the Partnership will, or will cause
persons and entities engaged by the Partnership to plan, design, engineer, construct, and furnish the
Entertainment Center; and
WHEREAS, the Agreement provides the Partnership shall have the authority to select,
terminate, and replace the general contractor(s) for the Entertainment Center, subject to the reasonable
approval of the City or the City’s designee; and
WHEREAS, the Partnership has selected Balfour/Azteca, a joint venture comprised of Balfour
Beatty Construction, LLC, and Azteca Enterprises, Inc., as the general contractor of the project;
SECTION I. THAT the City Council hereby approves the selection by Las Colinas Group, LP, of
Balfour/Azteca, a joint venture comprised of Balfour Beatty Construction, LLC, and
Azteca Enterprises, Inc., as the general contractor of the Irving Entertainment Center
and Hotel Project.
SECTION II. THAT the City Council hereby names HC Beck, Ltd., “City’s Designee” for the
construction phase of the project, to perform the tasks stated in the Agreement,
subject to the supervision of the City Manager or his designee.
SECTION III. THAT by performing the functions described in this resolution, the City or the City’s
Designee shall not, and shall not be deemed to, assume the obligations or
responsibilities of the Partnership, architect(s), engineer(s) or general contractor(s),
whose respective obligations pursuant to their respective agreements with the
Partnership shall not be affected by the City or the City’s Designee’s exercise of the
functions described in this resolution or the Agreement.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Attachment: Letter of Recommendation for Balfour-Azteca (3502 : 29 App Contractor to Construct Entertain Ctr)
The Beck Group has reviewed the proposed recommendation by the Developer,
Las Colinas Group LP, for selection of its Construction Manager for the proposed
Entertainment Center facilities and sitework. The Developer has chosen a joint
venture entity comprised of Balfour-Beatty Construction and Azteca Enterprises.
The team of Balfour/Azteca, a joint venture, has been proposed for the Irving
Entertainment Center based on its unique qualifications related to this venue.
Balfour is especially strong with its commercial, hospitality, and public assembly
experience. Azteca brings its minority-owned capabilities and experience with
public sector work within the City of Irving and the DFW metroplex. Both firms
are headquartered in Dallas and were selected based on qualifications and
responses to an RFP.
Beck, as City’s designee, was informed of the initial GC selection process and
invited to attend the final interviews. The Developer considered mostly local
firms with the proper experience, capabilities, and bonding capacity for projects
of this size and complexity. Final interviews were conducted among 4 shortlisted
candidates- Austin Commercial, Hunt Construction, Turner, and Balfour/Azteca.
Scoring was based on strength of personnel, safety record, project schedule,
cost control and value management, quality of work with similar construction, fee
and general conditions.
Attachment: Letter of Recommendation for Balfour-Azteca (3502 : 29 App Contractor to Construct Entertain Ctr)
CONSTRUCTION MANAGER: BALFOUR/AZTECA, A JOINT VENTURE Relevant Experience
The Balfour Beatty Construction / Azteca Enterprises team is a formal joint venture, formed
for the purpose of providing construction management services for the Irving Entertainment
project. This team represents a combination of a local large full service construction manager
with a local minority business, with appropriate qualifications and resources to provide
management for the construction of a complex hospitality and entertainment project, like the
Irving Entertainment Center.
Morton H. Meyerson Symphony Center
Morton H. Meyerson Symphony Cente
Balfour Beatty Construction has been a leader in the U.S. commercial construction industry Dallas, Texas
for 76 years. Headquartered in Dallas, Texas, Balfour Beatty provides general contracting,
at-risk construction management, design-build, preconstruction, public/private and turnkey
services for clients nationwide. The company employs 1,600 professionals and is part of
London-based Balfour Beatty plc, a leading international engineering, construction, and
investment business exceeding $16 billion in annual revenues. Balfour Beatty serves a
broad spectrum of markets, including hospitality, gaming, public assembly, corporate, retail,
educational, healthcare, criminal justice, and courthouse facilities. From hotels and luxury
resorts to business conference centers and performance centers, Balfour Beatty builds
world-class hospitality and entertainment facilities. Riverwind Casino
Norman, Oklahoma
Current relevant projects under construction include Omni Dallas Convention Center Hotel
($330 million), The Peabody Orlando Expansion ($250 million expansion), and the new
Gateway Church ($73 million) in Southlake containing a 4,000 seat state of the art auditorium/
performance hall. Recently completed relevant projects include Hilton’s Buffalo Thunder
Attachment: Letter of Recommendation for Balfour-Azteca (3502 : 29 App Contractor to Construct Entertain Ctr)
Resort in Santa Fe ($180 million), Inn of the Mountain Gods, Disney’s Animal Kingdom Lodge, Relevant Experience
Riverwind Casino, and the Gaylord Texan Resort and Convention Center in Grapevine, Texas ($340
million). As a 55% partner in the Balfour/Azteca joint venture, Balfour Beatty will be providing
staff in all areas, from project controls to construction management to quality control and safety.
Azteca Enterprises, Inc. ranks as one of the largest and most capable minority-owned
construction firms in the Dallas/Fort Worth metroplex with annual revenue in excess of $100
million. Azteca was founded over 20 years ago and is headquartered in Dallas with offices in
Irving (Las Colinas), Fort Worth, and Las Vegas. Azteca Enterprises, Inc. is part of the Azteca- MGM Mirage City Center
Las Vegas, Nevada
Omega Group and provides specialty and general contracting, construction management,
program management, and design-build services on a broad spectrum of projects with both public
and private clients such as City of Irving, City of Dallas, City of Fort Worth, Lincoln Properties,
DFW International Airport, DART, DISD, FWISD, US COE, NTTA, TxDOT, Dallas County Hospital
District, and others. Relevant projects include work on theDFW $1.2 billion Terminal D, the $1
billion Cowboys Stadium, as well as recent involvement in the $4 billion MGM Mirage City Center
and Dallas’ Calatrava Bridge. Azteca has a 45% stake in the joint venture and will provide an
equivalent number of resources and bonding capacity. Because of Azteca’s expertise in civil and
structural systems, they will be a meaningful contributor during the construction of the Irving
Entertainment Center. Cowboy’s Stadium
Arlington, Texas
The Balfour/Azteca team has a successful working relationship working together on three large
projects; Parkland Replacement Hospital and DFW International Airport Terminal Development
Program where Azteca is a member of the joint venture(s) and at the Omni Dallas Convention
Center Hotel project as a specialty contractor.
Gateway Church
Southlake, Texas
Inn of the Mountain Gods Resort & Casino Dr Pepper StarCenter Frisco Expansion
Mescalero, New Mexico Frisco, Texas
The Balfour Beatty Construction / Azteca Enterprises team is a formal joint venture, formed
Attachment: IEC Balfour-Azteca JV Bio (3502 : 29 App Contractor to Construct Entertain Ctr)
for the purpose of providing construction management services for the Irving Entertainment
project. This team represents a combination of a local large full service construction manager
with a local minority business, with appropriate qualifications and resources to provide
management for the construction of a complex hospitality and entertainment project, like the
Irving Entertainment Center.
Morton H. Meyerson Symphony Center
Morton H. Meyerson Symphony Cente
Balfour Beatty Construction has been a leader in the U.S. commercial construction industry Dallas, Texas
for 76 years. Headquartered in Dallas, Texas, Balfour Beatty provides general contracting,
at-risk construction management, design-build, preconstruction, public/private and turnkey
services for clients nationwide. The company employs 1,600 professionals and is part of
London-based Balfour Beatty plc, a leading international engineering, construction, and
investment business exceeding $16 billion in annual revenues. Balfour Beatty serves a
broad spectrum of markets, including hospitality, gaming, public assembly, corporate, retail,
educational, healthcare, criminal justice, and courthouse facilities. From hotels and luxury
resorts to business conference centers and performance centers, Balfour Beatty builds
world-class hospitality and entertainment facilities. Riverwind Casino
Norman, Oklahoma
Current relevant projects under construction include Omni Dallas Convention Center Hotel
($330 million), The Peabody Orlando Expansion ($250 million expansion), and the new
Gateway Church ($73 million) in Southlake containing a 4,000 seat state of the art auditorium/
performance hall. Recently completed relevant projects include Hilton’s Buffalo Thunder
Resort in Santa Fe ($180 million), Inn of the Mountain Gods, Disney’s Animal Kingdom Lodge, Relevant Experience
Riverwind Casino, and the Gaylord Texan Resort and Convention Center in Grapevine, Texas ($340
million). As a 55% partner in the Balfour/Azteca joint venture, Balfour Beatty will be providing
Attachment: IEC Balfour-Azteca JV Bio (3502 : 29 App Contractor to Construct Entertain Ctr)
staff in all areas, from project controls to construction management to quality control and safety.
Azteca Enterprises, Inc. ranks as one of the largest and most capable minority-owned
construction firms in the Dallas/Fort Worth metroplex with annual revenue in excess of $100
million. Azteca was founded over 20 years ago and is headquartered in Dallas with offices in
Irving (Las Colinas), Fort Worth, and Las Vegas. Azteca Enterprises, Inc. is part of the Azteca- MGM Mirage City Center
Las Vegas, Nevada
Omega Group and provides specialty and general contracting, construction management,
program management, and design-build services on a broad spectrum of projects with both public
and private clients such as City of Irving, City of Dallas, City of Fort Worth, Lincoln Properties,
DFW International Airport, DART, DISD, FWISD, US COE, NTTA, TxDOT, Dallas County Hospital
District, and others. Relevant projects include work on theDFW $1.2 billion Terminal D, the $1
billion Cowboys Stadium, as well as recent involvement in the $4 billion MGM Mirage City Center
and Dallas’ Calatrava Bridge. Azteca has a 45% stake in the joint venture and will provide an
equivalent number of resources and bonding capacity. Because of Azteca’s expertise in civil and
structural systems, they will be a meaningful contributor during the construction of the Irving
Entertainment Center. Cowboy’s Stadium
Arlington, Texas
The Balfour/Azteca team has a successful working relationship working together on three large
projects; Parkland Replacement Hospital and DFW International Airport Terminal Development
Program where Azteca is a member of the joint venture(s) and at the Omni Dallas Convention
Center Hotel project as a specialty contractor.
Gateway Church
Southlake, Texas
Inn of the Mountain Gods Resort & Casino Dr Pepper StarCenter Frisco Expansion
Mescalero, New Mexico Frisco, Texas
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By:
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
Acq 202 Larry Drive - Vasquez - Location Map (PDF)
RES Acq 202 Larry Drive - Vasquez - Contract (PDF)
REVISION INFORMATION:
Prepared: 8/25/2010 03:56 PM by Cynthia Castro
Last Updated: 9/15/2010 11:27 AM by Cynthia Castro
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 4010-1402-77009-909058.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Attachment: Acq 202 Larry Drive - Vasquez - Location Map (3555 : 29 Acq 202 Larry Drive for Library - Vasquez)
Central Library
City Hall
Sowers
Shulze
Larry Drive
08/25/2010
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
performance of the data.
Fabian Moreno
202 Larry Drive ´
1 inch = 278 feet
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By:
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
Acq 210 Larry Drive - Martinez - Location Map (PDF)
RES Acq 210 Larry Drive - Martinez - Contract (PDF)
REVISION INFORMATION:
Prepared: 9/3/2010 04:32 PM by Cynthia Castro
Last Updated: 9/15/2010 11:29 AM by Cynthia Castro
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 4010-1402-77009-909058.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Attachment: Acq 210 Larry Drive - Martinez - Location Map (3567 : 29 Acq 210 Larry Drive - Martinez)
Central Library
City Hall
Sowers
Shulze
Larry Drive
08/25/2010
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
performance of the data.
Arcadio & Patricia Martinez
210 Larry Drive ´
1 inch = 278 feet
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: Approved Council Action:
.
REVISION INFORMATION:
Prepared: 9/8/2010 02:45 PM by Kathryn Guerra
Last Updated: 9/16/2010 09:40 AM by Jennifer Phillips
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 1001-1001-564919-100 in
the amount of $260,000 and Account No. 1001-1003-56401-100 in the amount of
$470,000.
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 September 23, 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: Kuruvilla Oommen
Previous Action: Approved Council Action:
.
REVISION INFORMATION:
Prepared: 9/8/2010 02:49 PM by Kathryn Guerra
Last Updated: 9/16/2010 09:40 AM by Jennifer Phillips
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 5423-3204-56401-1160.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: K. Oommen
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
RES ESGP 2010 award (PDF)
REVISION INFORMATION:
Prepared: 9/2/2010 01:45 PM by Vicki Ebner
Last Updated: 9/17/2010 10:47 AM by Donna Madderra
CITY OF IRVING
WHEREAS, the Texas Department of Housing and Community Affairs approved $71,000.00 in
Emergency Shelter Grant Program funds for the City of Irving to use for the provision of emergency
financial assistance to prevent homelessness or to assist the currently homeless; and
WHEREAS, the Housing and Human Services Board has previously recommended the approval
of acceptance of these funds and inclusion of these programs as a part of the City of Irving’s 2010
Action Plan; and
WHEREAS, it is necessary for the Mayor to execute a grant agreement, obligating the City of
Irving to comply with all relevant laws, grant requirements, notices, and the City of Irving’s
Consolidated Plan in the administration of the grant and expenditure of grant funds;
SECTION I. THAT the City Council hereby approves acceptance of Emergency Shelter Grant
Program funds in the amount of $71,000.00 from the Texas Department of Housing
and Community Affairs, and authorizes the Mayor to execute the grant agreement
with the Texas Department of Housing and Community Affairs pertaining to said
grant and any other necessary documents.
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
This contract is made by and between the Texas Department of Housing and Community Affairs, an agency of the State of
Texas, (herein the "Department") and City of Irving (herein the "Subrecipient").
This contract shall commence on September 01, 2010, and, unless earlier terminated, shall end on August 31, 2011 (herein
the “Contract Period”).
Subrecipient shall conduct, in a satisfactory manner as determined by Department, an Emergency Shelter Grants Program
pursuant to the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C Sec. 11371 et. seq.) (herein the "Act").
Subrecipient shall perform all activities in accordance with the terms of the Budget (herein "Exhibit A"); the Match (herein
"Exhibit B"); the Applicable Laws and Regulations (herein "Exhibit C"); the assurances, certifications, and other statements
made by the Subrecipient in its Emergency Shelter Grants Program (herein "ESGP") application, and with all other terms of
this contract. If the persons to benefit from the activities described in Exhibit A are not receiving a service or benefit, the
Subrecipient is liable to repay the Department any associated disallowed costs.
A. In consideration of Subrecipient's full and satisfactory performance of this contract, Department shall reimburse the
actual allowable costs incurred by Subrecipient in an amount up to: $73,840.00
B. Department's obligation under this contract are contingent upon the actual receipt of adequate ESGP funds from the
U.S. Department of Housing and Urban Development (herein "HUD"). If sufficient funds are not available to make
payments under this contract, Department shall notify Subrecipient in writing within a reasonable time after such fact is
determined. Department shall then terminate this contract and will not be liable for the failure to make payment to
Subrecipient under this contract.
C. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient by Department, which
Department determines has resulted in an overpayment, or which Department determines has not been spent strictly in
accordance with the terms of this contract. Subrecipient shall make such refund within fifteen (15) days after the
Department's request.
A. Subrecipients may request a one-time working capital advance for 30 days cash needs or an advance of $5,000
whichever is greater. In order to request an advance payment, subrecipient must submit to Department a properly
completed Expenditure Report that includes a request for advance funds (Projected Expenses). Thereafter, the
subrecipient will be reimbursed for the amount of actual cash disbursements, a reimbursement basis.
B. Subrecipient's request for advance payment shall be limited to the minimum amounts needed for the effective
performance of this contract, and shall be timed as closely as possible with Subrecipient's actual immediate cash
requirements. Subrecipient shall establish procedures to minimize the time elapsing between the transfer of funds from
Department to Subrecipient and the disbursal of such funds by Subrecipient.
C. Department may use a cost reimbursement method of payment if (1) Department determines that Subrecipient has
maintained cash balances in excess of need, (2) Department identifies any deficiency in the cash controls or financial
management system used by Subrecipient, or (3) Subrecipient fails to comply with the reporting requirements of
Section 9.
Page 1 of 15
Packet Pg. 173
21.a
D. All funds paid to Subrecipient pursuant to this contract are paid in trust for the exclusive benefit of the eligible
Subrecipients of ESGP services and for the payment of allowable expenditures.
E. Excess Payments
Subrecipient shall refund, within fifteen (15) days after Department's request, any sum of money paid to Subrecipient
by Department which Department determines (1) has resulted in an overpayment to Subrecipient or (2) has not been
spent strictly in accordance with the terms of this contract. Department may offset or withhold any amounts otherwise
owed to Subrecipient under this contract against any amount owed by Subrecipient to Department arising under this
contract.
Except as expressly modified by law or the terms of this contract, Subrecipient shall comply with the cost principles
and uniform administrative requirements set forth in the Uniform Grant Management Standards, 1 T.A.C. §5.141 et
seq. (herein "Uniform Grant Management Standards"). All references therein to "local government" shall be construed
to mean Subrecipient.
B. Use of Alcoholic Beverages. None of the funds provided under this contract shall be used for the payment of salaries
to any employee who uses alcoholic beverages while on active duty. No funds provided under this contract for travel
expenses shall be used for the purchase of alcoholic beverages.
C. Notwithstanding any other provision of this contract, Department shall only be liable to Subrecipient for costs incurred
or performances rendered for activities specified in 24 C.F.R. Sec. 576.21(a).
D. Department shall not be liable to Subrecipient for certain costs, including but not limited to costs which:
(1) have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any source other than
Department;
(2) are not allowable costs, as set forth in the Act and Section 6(A) of this contract;
(3) are not strictly in accordance with the terms of this contract, including the exhibits;
(4) have not been reported to Department within sixty (60) days following termination of this contract;
(5) are expended on rehabilitation activities prior to the submission of a Request for Release of Funds and prior to the
release of funds by the U.S. Department of Housing and Urban Development (HUD).
(6) are for the acquisition of an emergency shelter for the homeless;
(7) are for rent of commercial transient accommodations for the homeless (such as hotel or motel rooms) unless the
conditions in Section 21(J) of this contract have been met;
Page 2 of 15
Packet Pg. 174
21.a
A. Subrecipient shall provide an amount of funds equal to the amount of funds provided by Department under this
contract (herein "Subrecipient's Match"). Subrecipient's Match must be provided during the Contract Period from
sources other than ESGP funds. Funds used to match a previous ESGP award may not be used to match the award
made under this contract. Subrecipient's Match may include resources provided by any subcontractor to which
Subrecipient provides funds under this contract.
B. Amounts may be counted towards Subrecipient's Match only if such amounts are costs or resources of a type specified
in Exhibit B, Match and only if such amounts are computed in accordance with this Section. In calculating the amount
of Subrecipient's Match, Subrecipient may include, but is not limited to, cash donations; the value of any donated
material or building; the value of any lease on a building; any salary paid Subrecipient's staff (or that of its
sub-Subrecipients) in carrying out the activities required under this contract; and the time and services contributed by
volunteers to carry out such activities, determined at the rate of Five Dollars ($5.00) per hour. Subrecipient shall
determine the value of any donated material or building or any lease, using any method reasonably calculated to
establish a fair market value.
A. Subrecipient shall maintain fiscal records and supporting documentation for all expenditures made under this contract
in accordance with the Uniform Grant Management Standards, Common Rule, §_.42.
B. All information collected, assembled, or maintained by Subrecipient shall be made available to the public during
normal business hours in compliance with the Texas Public Information Act, Texas Government Code, Chapter 552.
C. Subrecipient shall give the HUD, the U.S. General Accounting Office, the Texas Comptroller, the State Auditor's
Office, and Department, or any of their duly authorized representatives, access to and the right to examine and copy, on
or off the premises of Subrecipient, all records pertaining to this contract. Such right to access shall continue as long
as the records are retained by Subrecipient. Subrecipient agrees to maintain such records for three (3) years in an
accessible location and to cooperate with any examination conducted pursuant to this Subsection. Subrecipient shall
include the substance of this subsection in all subcontracts. Upon termination of this contract, all records are property
of the Department.
A. Subrecipient shall submit to Department such reports on the performance of this contract as may be required by
Department including, but not limited to, the reports specified in this Section.
B. Subrecipient shall electronically submit a Performance Report and Expenditure Report to the Department on or before
the fifteenth (15th) day of each month following the reported month in the Contract Period, beginning no later than
October 15, 2010, regardless of whether Subrecipient makes a fund request.
C. Subrecipients must report client-level data in the Homeless Management Information System (HMIS) or a comparable
database. Domestic violence providers are only required to report aggregated data.
D. Subrecipient shall submit a final Performance Report and a final Expenditure Report to the Department within sixty (60)
days after the end of the Contract Period. The failure of Subrecipient to provide a full accounting of all funds expended
under this contract within sixty (60) days shall be sufficient reason for Department to deny or terminate any future
contracts with Subrecipient. If this contract provides assistance for renovation, rehabilitation, or conversion, in addition
to the electronic final report, Subrecipient shall submit under separate cover photographs of the finished construction
work.
E. Subrecipient shall submit to Department no later than sixty (60) days after the termination of this contract a cumulative
inventory report of all equipment having a unit acquisition cost of $500 or more, acquired in whole or in part with
funds received under this or previous ESGP contracts.
F. If Subrecipient fails to submit within 45 days of its due date, any report or response required by this contract, including
responses to monitoring reports, Department may, in its sole discretion, suspend payments, place Subrecipient on cost
reimbursement method of payment, and initiate proceedings to terminate the contract.
Page 3 of 15
Packet Pg. 175
21.a
Department or its designee may conduct periodic on-site monitoring and evaluation of the efficiency, economy, and efficacy
of Subrecipient's performance of this contract. Department will advise Subrecipient in writing of any deficiencies noted
during such monitoring. Department will provide technical assistance to Subrecipient and will require or suggest changes in
Subrecipient's program implementation or in Subrecipient, accounting, personnel, procurement, and management
procedures in order to correct any deficiencies noted. Department will conduct follow-up visits to review and assess the
efforts Subrecipient has made to correct previously noted deficiencies. Department may place Subrecipient on a cost
reimbursement method of payment, terminate this contract, or invoke other remedies in the event monitoring or other
reliable sources reveal material deficiencies in Subrecipient's performance or if Subrecipient fails to correct any deficiency
within the time allowed by federal law.
Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless and, to the extent allowed by
law, indemnify it against any disallowed costs or other claims which may be asserted by any third party in connection with
A. Subrecipient may not use funds provided under this contract to purchase personal property, equipment, goods, or
services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $500 unless
Subrecipient has received the prior written approval of Department for such purchase.
B. Upon the termination or non-renewal of this contract, Department may transfer title to any such property or equipment
to the Department or to any other entity receiving ESGP funds from the Department.
It is the responsibility of the Subrecipient to comply with all applicable laws, rules, regulations, ordinances, written policies
and other legal requirements regarding prohibited acts which includes, but is not limited to, conflicts of interest and
nepotism. In that regard the Subrecipient is required to have in place and at all times follow written policies to ensure such
compliance and to avoid prohibited acts or the appearance thereof. If an actual or suspected prohibited act or the
appearance thereof occurs or is alleged, Subrecipient shall promptly identify same, review the matter with its counsel, and
advise the Department
(iii) if there was a violation, what will be the corrective action to address that matter and prevent any
recurrences.
A. Subrecipient represents that it possesses the legal authority to enter into this contract, receive and manage the funds
authorized by this contract, and to perform the services Subrecipient has obligated itself to perform hereunder. The
execution, delivery, and performance of this contract will not violate Subrecipient's constitutive documents or any
requirement to which Subrecipient is subject.
B. The person signing this contract on behalf of Subrecipient hereby warrants that he/she has been duly authorized by
Subrecipient's governing board to execute this contract on behalf of Subrecipient and to bind Subrecipient to the terms
herein set forth.
C. Department shall have the right to terminate this contract if there is a dispute as to the legal authority of either
Subrecipient or the person signing this contract to enter into this contract or to render performances hereunder.
Subrecipient is liable to Department for any money it has received from Department for performance of the provisions
of this contract, if Department has terminated this contract for reasons enumerated in this Section 14.
Page 4 of 15
Packet Pg. 176
21.a
The performance of this contract shall not involve, and no portion of the funds received by Subrecipient hereunder shall be
used in support of inherently religious activities such as worship, religious instruction or proselytization, as part of the
programs or services directly funded under the HUD program or activity.
A. Any change in the terms of this contract required by a change in state or federal law or regulation is automatically
incorporated herein and is effective on the date designated by such law or regulations.
B. Except as otherwise specifically provided herein, any change in the terms of this contract shall be made by an
amendment in writing and signed by both parties to this contract. Pursuant to Department policy, no Subrecipient
initiated amendments will be approved or processed during the first 90 days of the Contract Period. Amendment
requests must be submitted no later than 60 days prior to the end of the Contract Period.
Department may issue non-binding guidance to explain the rules and provide directions on terms of this contract.
A. Department may terminate this contract, in whole or in part, at any time Department determines that there is cause for
termination. Cause for termination includes, but is not limited to, Subrecipient's failure to comply with any term of this
contract. Department shall notify Subrecipient in writing at least thirty (30) days before the date of termination.
B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately
suspend this contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other
deficiencies in Subrecipient's performance. Suspension shall be a temporary measure pending either corrective action
by Subrecipient or a decision by Department to terminate this contract.
C. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be
relieved of any liability to Department for damages by virtue of any breach of this contract by Subrecipient.
Department may withhold any payment due to Subrecipient until such time as the amount of damages due to
Department is agreed upon or is otherwise determined.
D. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this
contract.
A. Subrecipient shall submit to Department, within sixty (60) days after the end of each fiscal year, an Audit Certification
Form as specified by Department for each fiscal year in which any month of the Subrecipient's fiscal year overlaps a
month of the contract period. Unless otherwise directed by Department, Subrecipient shall arrange for the performance
of an annual financial and compliance audit of funds received and performances rendered under this Contract, subject
to the following conditions and limitations:
(i) Subrecipient shall have an audit conducted in accordance with 24 C.F.R. §84.26 or §85.26, as applicable;
OMB Circular A-133; and 31 U.S.C. 7501 for any of its fiscal years included within the contract period
specified in Section 2 of this Contract in which Subrecipient has expenses of more than $500,000 in federal
financial assistance provided by a federal agency in the form of grants, contracts, loans, loan guarantees,
property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include
direct federal cash assistance to individuals. The term federal financial assistance includes awards of financial
assistance received directly from federal agencies, or indirectly through other units of State and local
government.
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21.a
(ii) At the option of Subrecipient each audit required by this section may cover Subrecipient's entire operations or
each department, agency, or establishment of Subrecipient which received, expended, or otherwise
administered federal funds.
(iii) Notwithstanding anything to the contrary in herein, Subrecipient may utilize funds budgeted under this
Contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by
Department under this Contract. Provided, however, Department shall not make payment for the cost of such
audit services until Department has received the audit report from Subrecipient and any other documentation
deemed necessary to meet the Program Requirements.
(iv) Unless otherwise specifically authorized by Department in writing, Subrecipient shall submit three (3) copies
of the report of such audit to Department, two copies to the Portfolio Monitoring and Compliance Division
and one copy to the Community Affairs Division, within thirty (30) days after completion of the audit, but no
later than nine (9) months after the end of each fiscal period included within the period of this Contract.
Audits performed under this section are subject to review and to direction on resolution of findings by
Department or its authorized representative.
C. Subrecipient understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial
and compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that
reimbursement to Department of such disallowed costs shall be paid by Subrecipient from funds which were not
provided or otherwise made available to Subrecipient under this Contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to
this section as Department may require of Subrecipient.
E. All approved ESGP audit reports shall be made available for public inspection within thirty (30) days after completion
of the audit.
F. The Subrecipient shall include language in any subcontract that provides the Department the ability to directly review,
monitor, and/or audit the operational and financial performance and/or records of work performed under this Contract.
G. Department reserves the right to conduct additional audits of the funds received and performances rendered under this
contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records and
to obtain any documents, materials, or information necessary to facilitate such audit.
Subrecipient shall adhere to OMB Circulars (A-87 and A-122 as appropriate), and either its board-approved travel policy,
or the State of Texas travel policies. Subrecipient's written travel policy shall delineate the rates which Subrecipient shall
use in computing the travel and per diem expenses of its board members and employees.
A. Department shall not release any funds under this contract until Department has determined that Subrecipient's fiscal
control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for such funds.
B. Department shall not release any funds under this contract until Department has received a properly completed Vendor
Direct Deposit Authorization form from Subrecipient
C. Subrecipient shall obligate (as such term is defined in 24 C.F.R. §576.3) all funds provided under this contract on or
before November 8, 2010, 180 days from the date of the FFY 2010 award letter from U.S. HUD. Department will
recapture any funds not so obligated.
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21.a
D. Subrecipient shall ensure that any building rehabilitated with funds provided under this contract is maintained as a
shelter for the homeless for not less than a three-year period, or for not less than a ten-year period if such funds are
used for major rehabilitation or conversion of the building. The applicable period shall be calculated in accordance
with 24 C.F.R. Sec. 576.53(b).
E. If Subrecipient uses funds received under this contract to provide essential services, homeless prevention, or
maintenance and operating costs, the activities must be carried out until all of the funds made available under this
contract for such activities are expended or for the Contract Period, whichever is shorter. Subrecipient may use one or
more sites or structures to carry out the activities but it must serve the same general population. The "same general
population" means the types of homeless persons originally served with the funds or persons in the same geographical
area.
F. Subrecipient shall make known that use of the facilities and services funded under this contract are available to all on a
nondiscriminatory basis. Subrecipient also must adopt and implement procedures designed to make available to
interested persons information concerning the existence and location of services and facilities that are accessible to
persons with a disability.
H. Subrecipient shall not expend ESGP funds for any activities that would result in the displacement of persons or
businesses.
I. Subrecipient shall, to the maximum extent practicable, involve, through employment, volunteer services, or otherwise,
homeless individuals and families in constructing, renovation, maintaining, and operating facilities assisted under this
contract, in providing services assisted under this contract, and in providing services for occupants of facilities assisted
under this contract.
J. If Subrecipient intends to provide emergency shelter for homeless persons in hotels or motels, or other commercial
facilities providing transient housing, Subrecipient must provide the Department with a certification that: (1) leases
negotiated between Subrecipient and providers of such housing provide or will provide that the living space will be
rented at substantially less that the daily room rate otherwise charged by the facility; and (2) the Subrecipient has
considered other facilities as emergency shelter, and has determined that use of the facilities provides the most
cost-effective means of providing emergency shelter in its service area.
K. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any
individual provided family violence prevention or treatment services under any project assisted under this contract, and
that the address or location of any family violence shelter project assisted will, except with written authorization of the
person or persons responsible for the operation of such shelter, not be made public.
L. Subrecipient shall ensure that any building for which ESGP amounts are used for renovation, conversion, or major
rehabilitation must meet local government safety and sanitation standards.
M. None of the funds provided under this contract may be used in connection with any dwelling unit unless the unit is
protected by a hard-wired or battery-operated smoke detector installed in accordance with National Fire Protection
Association Standard 74.
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21.a
A. Subrecipient may not subcontract the primary performance of this contract and only may enter into contractual
agreements for consulting and other professional services, if Subrecipient has received Department's prior written
approval. Subrecipient may subcontract for the delivery of client assistance without obtaining Department's prior
approval. Any subcontract for the delivery of client assistance will be subject to monitoring by the Department as per
Section 10.
B. In no event shall any provision of this Section 22, specifically the requirement that Subrecipient obtain Department's
prior written approval of a subcontractor, be construed as relieving Subrecipient of the responsibility for ensuring that
the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this contract, as
if such performances rendered were rendered by Subrecipient. Department's approval under Section 22 does not
constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance hereunder. Department
maintains the right to insist upon Subrecipient's full compliance with the terms of this contract, and by the act of
approval under Section 22, Department does not waive any right of action which may exist or which may subsequently
accrue to Department under this contract.
A. None of the funds provided under this contract shall be used for influencing the outcome of any election, or the
passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or
employee of Subrecipient from furnishing to any member of its governing body upon request, or to any other local or
state official or employee or to any citizen information in the hands of the employee or official not considered under
law to be confidential information. Any action taken against an employee or official for supplying such information
shall subject the person initiating the action to immediate dismissal from employment.
B. No funds provided under this contract may be used directly or indirectly to hire employees or in any other way fund or
support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Texas,
or the government of the United States.
C. None of the funds provided under this contract shall be expended in payment of the salary for full-time employment of
any employee who is also the paid lobbyist of any individual, firm, association, or corporation. None of the funds
provided by this contract shall be expended in payment of the partial salary of a part-time employee who is required to
register as a lobbyist by virtue of the employee's activities for compensation by or on behalf of industry, a profession or
association related to operation of Subrecipient. A part-time employee may serve as a lobbyist on behalf of industry, a
profession, or association so long as such entity is not related to Subrecipient. Except as authorized by law, no contract
funds shall be expended in payment of membership dues to an organization on behalf of Subrecipient or an employee
of Subrecipient if the organization pays all or part of the salary of a person required to register under Chapter 305,
Government Code.
D. None of the funds provided under this contract shall be paid to any official or employee who violates any of the
provisions of this section.
E. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
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21.a
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud,
and abuse in activities funded under this contract. The systems and procedures shall address possible waste, fraud, and
abuse by Subrecipient, its employees, clients, vendors, subcontractors and administering agencies. Subrecipient's
internal controls systems and all transactions and other significant events are to be clearly documented, and the
documentation is to be readily available for monitoring by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of
monitoring or investigating the ESGP program. Subrecipient shall immediately notify Department of any discovery of
waste, fraud, or abuse. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this
contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is
made in good faith.
Subrecipient certifies that it, or a branch, division, or department of Subrecipient does not and will not knowingly employ
an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not
lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the
United States. If, after receiving a public subsidy, Subrecipient or a branch, division, or department of Subrecipient is
convicted of a violation under 8 U.S.C. Section 1324a, Subrecipient shall repay the public subsidy with interest, at the rate
of 5% per annum, not later than the 120th day after the date TDHCA notifies Subrecipient of the violation.
Under Section 2261.053, Texas Government Code, Subrecipient certifies that it is not ineligible to receive this contract and
acknowledges that this contract may be terminated and payment withheld if certification is inaccurate.
Funds provided to Subrecipient under this contract may not be substituted for funds or resources from any other source nor
in any way serve to reduce the funds or resources which would have been available to or provided through Subrecipient had
this contract never been executed.
By signing this contract, Subrecipient certifies that neither it nor its current principle parties are included in the Excluded
Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also certifies that it
will not award any funds provided by this contract to any party that is debarred, suspended, or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that prior to
entering into any agreement with a potential subcontractor that the verification process to comply with this requirement will
be accomplished by checking the Excluded Parties List System at http://www.epls.gov/ or by collecting a certification from
the potential subcontractor.
Any right or remedy given to Department by this contract shall not preclude the existence of any other right or remedy, nor
shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of
Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise
that or any other right or remedy at a later time.
If any portion of this contract is held to be invalid by a court of or an administrative tribunal of competent jurisdiction, the
remainder shall remain valid and binding.
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21.a
All oral and written agreements between the parties relating to the subject matter of this contract have been reduced to
writing and are contained in this document and attachments.
The exhibits identified below are hereby made a part of this contract:
1. Exhibit A, Budget
2. Exhibit B, Match
By:
This contract is effective when signed by the Texas Department of Housing and Community Affairs Executive Director of
Department or his authorized designee.
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21.a
Original
EXHIBIT A
BUDGET
Budget
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21.a
Original
EXHIBIT B
MATCH
Donations $ 31,785.00
Project Coordinator
Director
Manager
Accountant
Housing Analyst
Intake Specialist
MATCH TOTAL $ 73,840.00
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21.a
EXHIBIT C
Subrecipient shall comply with the Act specified in Section 3 of this contract; the OMB Circulars and regulations specified
in Section 6 of the contract and with all other federal, state, and local laws and regulations applicable to the activities and
performances rendered by Subrecipient under this contract including but not limited to the laws, and the regulations
promulgated thereunder specified in this Exhibit C.
Title VI of the Civil Rights Act of 1964, (42 U.S.C. Sec. 2000d et seq.); 24 C.F.R. Part 1, "Nondiscrimination in Federally
Assisted Programs of the Department of Housing and Urban Development – Effectuation of Title VI of the Civil Rights Act
of 1964";
Executive Order 11063, as amended by Executive Order 12249, and 24 C.F.R. Part 107, "Nondiscrimination and Equal
Opportunity in Housing under Executive Order 11063". The failure or refusal of the Subrecipient to comply with the
requirements of Executive Order 11063 of 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 C.F.R. Sec. 107.60.;
The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101
et seq.) and implementing regulations at 24 C.F.R. Part 146;
The prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and implementing regulations at 24 C.F.R. Part 8. For purposes of the
Emergency Shelter Grants Program, the term "dwelling units" in 24 C.F.R. Part 8 shall include sleeping accommodations;
The affirmative action requirements of Executive Order 11246 and the regulations issued under the Order at 41 C.F.R.
Chapter 60; and
Executive Orders 11625, 12432, and 12138. Subrecipient shall make efforts to encourage the use of minority and women's
business enterprise in connection with activities funded under this contract.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1701u).
For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 C.F.R. Part 40, Appendix A.
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21.a
The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4821-4846) and
implementing regulations at 24 C.F.R. Part 35. In addition, Subrecipient must also meet the following requirements relating
to inspection and abatement of defective lead-based paint surfaces:
(1) Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation,
rehabilitation, or conversion activity under 24 C.F.R. Part 576; and
(2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint
abatement procedures.
The provisions of 24 C.F.R. Part 24 relating to the employment, engagement of services, awarding of contracts, or funding
of any Contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status.
No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under 24 C.F.R.
Part 576, other than by grant amounts allocated to States under Sec. 576.43, may be located in an area that has been
identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless:
(1) The community in which the area is situated is participating in the National Flood Insurance Program and the
regulations thereunder (44 C.F.R. Parts 59 through 79) or (ii) Less than a year has passed since FEMA
notification regarding such hazards; and
(2) Subrecipient will ensure that flood insurance on the structure is obtained in compliance with section 102(a) of the
Flood Disaster Protection Act of 1973 (42 U.S.C. Sec. 4001 et seq.).
In accordance with the Coastal Barrier Resources Act, 16 U.S.C. 3501, no financial assistance under the Act may be made
available within the Coastal Barrier Resources System. Subrecipient shall comply, where applicable, with the Coastal Zone
Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.) as amended, particularly section 307(c) and (d) (16 U.S.C. Sec.
1456(c) and (d) ).
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21.a
If Subrecipient is a unit of local government, it shall assume the environmental responsibilities specified in section
104(g)(1) of the Housing and Community Development Act of 1974 and 24 C.F.R. Part 58.
Subrecipient shall assist Department and HUD in their compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. Sec. 470 et seq.); Executive Order 11593; and the Archaeological and Historical
Preservation Act of 1966 (16 U.S.C Sec. 489a-1 et seq.) by: (a) consulting with the State Historic Preservation Officer on
the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register
of Historic Places that are subject to adverse effects by activities funded under this contract and notifying Department and
HUD of the existence of any such properties, and (b) complying with all requirements established by HUD to avoid or
mitigate adverse effects upon such properties.
Subrecipient shall ensure, pursuant to Executive Order 11783, that the facilities under its ownership, lease, or supervisions
which shall be utilized in the accomplishment of this contract are not listed on the Environmental Protection Agency (EPA)
list of violating facilities and that it shall notify Department and HUD of the receipt of any communication from the Director
of the EPA Office of Federal Activities indicating that a facility to be used in carrying out this contract is under
Subrecipient shall comply with the provisions of the National Environment Policy Act of 1969 (P.L. 91-190) and Executive
Order 11514, as amended by Executive Order 11991, which promote efforts to prevent or eliminate damage to the
environment and biosphere and require an Environmental Impact Statement when plans and programs may affect the quality
of the environment. To the extent applicable, Subrecipient shall comply with all of the requirements of Section 114 of the
Clean Air Act, as amended (42 U.S.C. Sec. 1857 et seq.), and Section 308 of the Federal Water Pollution Control Act (33
U.S.C. Sec. 1251 et seq.), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations
and guidelines issued thereunder.
Subrecipient shall comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards, and
Executive Order 11288, relating to prevention, control, and abatement of water pollution. Subrecipient shall assist
Department and HUD in their compliance with Executive Order 11988, Flood Plain Management, which requires
avoidance, to the extent possible, of the long and short term impacts associated with the occupancy and modification of
floodplains and avoidance of the direct of indirect support of floodplain development whenever there is a practicable
alternative.
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22
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Jennifer Richie
Previous Action: Council Action:
.
ATTACHMENTS:
TDMN IAC LOA 090710 FINAL (PDF)
TDMN Sponsorship Guidelines 090710 Final (PDF)
REVISION INFORMATION:
Prepared: 9/9/2010 10:09 AM by Mary Carrol
Last Updated: 9/16/2010 08:33 AM by Mary Carrol
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
September 7, 2010
Attachment: TDMN IAC LOA 090710 FINAL (3580 : 49 Appr Agmt Dallas Morning News)
Dallas, TX 75202
Dear Elise:
This letter serves as an agreement between the City of Irving through the Irving Arts Center
(“IAC”) and The Dallas Morning News for sponsorship of the Holiday Open House to be held on
December 3, 2010 and for Genghis Khan: The Exhibition from June 1, 2011-September 30,
2011.
• Donate $50,000 of Community Services Ads to promote the Holiday Open House,
Genghis Khan: The Exhibition and any other IAC sponsored or produced events.
• Provide one banner for display at the Holiday Open House and Genghis Khan: The
Exhibition.
• Provide a pdf of The Dallas Morning News logo
In return, the IAC acknowledges that it has already entered into an agreement to purchase
$29,888 of advertising and is planning to purchase an additional $20,115 of advertising space to
promote IAC events to be held in 2010 and 2011 and in addition, in return for this partnership,
IAC agrees to:
• Provide an advertising schedule to Elise Longpree, who will work with us to determine
section and day of placement for ads.
¾ Use all donated advertising by September 31, 2011.
¾ Get approval from Elise Longpree before promising a corporate logo on
Community Services Ads placed in The Dallas Morning News.
Page 1 of 3
¾ 2 signs recognizing The Dallas Morning News and other sponsors to be placed in
the IAC during the Holiday Open House.
Attachment: TDMN IAC LOA 090710 FINAL (3580 : 49 Appr Agmt Dallas Morning News)
section of the website may cease on or after September 30, 2011.
• Provide facility usage not to exceed $5,100 and based on availability to be used prior to
September 31, 2011.
• Continue to be a distribution location for neighborsgo, a product of The Dallas Morning
News until September 31, 2011.
• Provide 4 event tickets or an equivalent item and color artwork as appropriate for use in
The Dallas Morning News monthly subscriber services program for 12 months.
Page 2 of 3
We understand that no more than four corporate logos, including The Dallas Morning News’
logo, may be included on the community services ads. These ads will be submitted to The
Morning News by the deadline as stated on the Sponsorship Guidelines that are attached hereto
and incorporated by reference. We also understand that these ads will be in black and white only.
The term of this agreement shall be 12 months from the date of signature.
This agreement shall be interpreted and the rights determined according to the laws of the state
of Texas. Venue for any lawsuit resulting from this agreement is in a court of competent
Attachment: TDMN IAC LOA 090710 FINAL (3580 : 49 Appr Agmt Dallas Morning News)
jurisdiction in Dallas County, Texas.
__________________________ _________________________
Herbert A. Gears Elise Longpree
Mayor Community Services Manager
City of Irving on behalf of the Irving Arts Center The Dallas Morning News
852 W. Irving Blvd. 508 Young Street
Irving, TX 75060 Dallas, TX 75202
_________________________ _________________________
Date Date
Page 3 of 3
Attachment: TDMN Sponsorship Guidelines 090710 Final (3580 : 49 Appr Agmt Dallas Morning News)
1. It is important that only one person from your organization work directly
with the community services representative.
3. The Dallas Morning News' logo must be used on all materials that promote
your event, as detailed in the agreement which could included: ads, posters,
brochures, press releases, web site, billboards, bus signs, T-shirts, mugs,
tickets, radio and TV spots, ads purchased in other print media and all other
collateral pieces connected with the event. The use of The Morning News'
name must be pre-approved by the community services representative. The
omission of The Morning News' logo from any collateral pieces must also be
approved.
6. On all materials that promote the event, The Morning News must be identified
as a Presenter, Season Sponsor, Sponsor or Supporter. The name or logo
should not appear without one of these designations. Consult with your
coordinator to determine the correct phrasing.
Attachment: TDMN Sponsorship Guidelines 090710 Final (3580 : 49 Appr Agmt Dallas Morning News)
and camera-ready logos. The logo cannot appear smaller than 1 3/4 inches
long. In addition, the logo cannot be altered in any way (computer or
otherwise). The size of the logo must be in proportion to the size of the ad.
The Morning News prefers its logo to be positioned in the center, at the
bottom of the ad.
8. The word "The" is a part of the newspaper's name and must be used, and the
"T" must be capitalized. Please note that The Dallas Morning News is
alphabetized under "D," although beginning with the word "The." Also
please note that The Dallas Morning News' name should be italicized when
not appearing in its logo form. In all printed materials where the newspaper
is mentioned, its complete name -- The Dallas Morning News -- must be used
on first reference. You may use The Morning News on second references.
10. Only black and white ads may be placed through The Morning News
Community Services Department. Ads should not be larger than 31.5 inches,
unless approved in writing by your community services representative.
11. Donated advertising space cannot be used for direct solicitation or for
“Thank You” ads.
13. We prefer to receive ads via email as a PDF file. If you cannot send your ad
electronically, we also accept camera-ready ads. With camera-ready ads,
you must supply one stat per insertion. Camera-ready ads must be
Attachment: TDMN Sponsorship Guidelines 090710 Final (3580 : 49 Appr Agmt Dallas Morning News)
complete. This means that nothing may be pasted on, written over, stripped
in or cut out, including halftones for photographs/pictures. It must be an
original stat to be considered for placement. Photographs in ads must be 85
line halftones, sized correctly and placed in position.
14. For sponsored ads that will run in The Dallas Morning News our ad
deadline is 10 a.m., Monday for ads running on the weekend. If the ads
are running on a weekday, the ads should be received 5 working days
before the run date. For sponsored ads that will run in Neighborsgo, our
ad deadline is 10 a.m., Friday, one week prior to the scheduled publication
date. If ads are submitted past deadline and fail to appear in the newspaper,
the space will still be counted against the allotted budget, as if the ad had
run. The community services representative will not be responsible for
reminding you to provide ads by deadline.
16. When purchasing advertising space in The Morning News, call the Retail
Advertising department at (214) 977-8000. Please note that if you are
purchasing ad space, deadlines and procedures for submitting ads are
different from those of Community Services.
17. The Morning News reserves the right to decline to run an ad if the ad is not
pre-approved by The Morning News Community Services department, or if
the language or graphics are felt to be offensive to Morning News readers.
Attachment: TDMN Sponsorship Guidelines 090710 Final (3580 : 49 Appr Agmt Dallas Morning News)
Ad Width Inches
1 column 1.69”
2 columns 3.55”
3 columns 5.41”
4 columns 7.27”
5 columns 9.13”
6 columns 11”
Full-page depth is 21 inches
Tabloid Measurement_________________________________
Neighborsgo (5 column) Friday Guide (4 Column)
The ad deadline is Monday at 10:00 a.m. for ads running on the weekend. If
the ads are running on a weekday, the ads should be received 5 working days
before the run date.
Attachment: TDMN Sponsorship Guidelines 090710 Final (3580 : 49 Appr Agmt Dallas Morning News)
I have read The Dallas Morning News Sponsorship Guidelines, and I
understand that failure to comply with them may jeopardize my
organization’s/event’s sponsorship agreement.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: N/A Council Action: N/A
Comments: The City of Irving entered into an agreement with PEBA in January 5, 2007, to
utilize for retiree health insurance and various other benefits that include EAP services.
PEBA negotiated the services and fees on behalf of the PEBA membership and recommend
award to this vendor. In order to synchronize the term of EAP services with the City’s health
plan, this agreement will be for three years and three months and will begin October 1, 2010,
and end December 31, 2013. The total estimated amount for this award is $106,860.00.
Purchasing assigned #255D-10F to this item for tracking purposes.
ATTACHMENTS:
RES Employee Assistance Program Services Agreement (PDF)
REVISION INFORMATION:
Prepared: 9/7/2010 12:05 PM by Marsha Hughes
Last Updated: 9/14/2010 10:55 AM by Darlene Rush
CITY OF IRVING
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 September 23, 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 of Irving entered into Cooperative Purchasing Programs with the State of
Texas on August 5, 1999, and with the Region IV Education Service Center, which sponsors
The Cooperative Purchasing Network (TCPN) on December 9, 2004. These leases meet
competitive bid requirements with the State of Texas statutes, rules, policies, and procedures.
This award for 46 copier replacements (one of the 47 current leases is not being replaced)
during Fiscal Year 2010-11 is in the total net estimated amount of $629,512.80 for the 48-
month lease period. The annual estimated amount of $157,378.20 for this award is an annual
savings of $64,927.20 over the current $222,305.40 annual expenditure or a total cost
avoidance of $267,573.60 over the 48 months. Purchasing assigned #257D-10F to this item
for tracking purposes.
ATTACHMENTS:
Fiscal Year 2010-11 Replacement Copiers Pricing Summary (PDF)
REVISION INFORMATION:
Prepared: 9/8/2010 03:48 PM by Darlene Rush
Last Updated: 9/14/2010 09:59 AM by Darlene Rush
CITY OF IRVING
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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Library 801 W Irving Blvd 75060 XEROX and 4 10/26/2010 $1,347.09 total cost for both 24,000 $1.00 Included Included (Secure Included $1,202.16
S
WUP895749 0 is $1500 monthly
Highcap Feeder,
V Erase)
C 24,000 color
volume a quarter
T W
Library-Children's 801 W Irving Blvd 75060 C XEROX UTU901138 C 3/6/2011 $425.92 120,000 9,000 120,000 5745 154.06 Included $154.06
P P
24.a
Attachment: Fiscal Year 2010-11 Replacement Copiers Pricing Summary
Prepared by Darlene Rush, Senior Purchasing Agent Revised 9-14-10 (3577 : 30P23 Awd of 48-Month Lease Copier Replacements)Page 1 of 2
47 CITY OF IRVING LEASED COPIER REPLACEMENTS FOR FISCAL YEAR 2010-11 (Replacing 46; 1 Copier is no Longer Needed and Will Not be Replaced)
Current Leases Proposed Replacements - 48-month leases utilizing TPASS or TCPN Best Pricing at time of Replacement
C I M
o n o Faxing
U Internet Foreign
n s n Current 48 Mo. Network to Option Image
n Total Average Current Qtrly Qtrly Fax and External 3-Hole Innerface Booklet Total Monthly
Department Address Zip Code t Brand Serial # t Expire Date t Actual Qtrly Model Base Print and (LAN, Over- Coin Op
i Pmt. Allowed Volume Network Stapler Punch needed for Creation Lease
r a h Copies Lease Color Scan One write
t Server Fax Coin op
a l l Line)
c
T l y
W
Non-Departmental-1st C 3000 B&W / 3000 B&W
825 W Irving Blvd 75060 XEROX VDR550385 C 12/26/2012 $721.22 120,000 5775 276.52 90.32 11.26 4.22 Included $509.32
Floor Hallway - PARKS P 250 Color / 250 Color
N 7
T W
Non-Departmental-2nd C C
825 W Irving Blvd 75060 XEROX UTU105824 3/6/2011 $559.06 120,000 51,000 120,000 5775 276.52 90.32 11.26 4.22 Included $382.32
Floor Hallway - INSP P P
N 2
T W
Non-Departmental-3rd C C
825 W Irving Blvd 75060 XEROX UTU828442 3/6/2011 $559.06 120,000 48,000 120,000 5775 276.52 90.32 11.26 4.22 Included $382.32
Floor Hallway - HR P P
N 2
T W
Non-Departmental-4th C C
825 W Irving Blvd 75060 XEROX UTU106794 3/6/2011 $860.04 120,000 39,000 120,000 5775 276.52 90.32 11.26 4.22 Included $382.32
Floor Hallway - FIN P P
N 2
T W
Non-Departmental-
C C
Warehouse & other 3000 Rock Island 75060 XEROX UTU106737 3/3/2011 $508.90 90,000 6,000 75,000 5745 154.06 82.85 11.26 Included 4.22 Included $252.39
P P
depts
N 2
C D
Parks - Heritage Senior
200 S Jefferson St 75060 I XEROX NL2001548 C 12/1/2008 $164.52 6,000 9,750 75,000 5745 154.06 Included $154.06
Center
S 4
C i
Police - Auto Pound 401 Valley View Lane 75061 I CANON SKV050416 r 4/20/2010 $168.41 27,000 75,000 5745 154.06 82.85 11.26 included 4.22 Included $252.39
S 3
Police - CID 305 N O'Connor Blvd 75061 XEROX UTU103505 11/21/2010 $537.29 45,000 12,000 75,000 5745 154.06 82.85 11.26 Included Included $248.17
T W
Police - Comm. Svcs 305 N O'Connor Blvd 75061 C XEROX UTU900518 C 3/15/2011 $356.71 9,000 13,500 75,000 5745 154.06 82.85 11.26 included 4.22 Included $252.39
P
T P
c
Police -
305 N O'Connor Blvd 75061 C XEROX URT813991E c 2/14/2010 $295.61 30,000 9,600 75,000 5745 154.06 82.85 11.26 included 4.22 Included $252.39
Communications
P
T 2
c
Police - North-Briefing 5992 N O'Connor 75039 C XEROX URT816765 c 3/13/2010 $261.76 30,000 14,500 75,000 5745 154.06 82.85 11.26 Included Included $248.17
P
T 2
c
Police - North-
5992 N O'Connor 75039 C XEROX utv152241 c 3/15/2010 $445.67 60,000 10,700 75,000 5745 154.06 82.85 11.26 included Included $248.17
Workroom
P
C 2
i
Police - Personnel 305 N O'Connor Blvd 75061 I CANON 50584225 r 4/20/2010 $167.78 27,000 75,000 5745 154.06 82.85 11.26 Included 4.22 Included $252.39
S
T 3
W
Police - Patrol - South 305 N O'Connor Blvd 75061 C XEROX UTU901161 C 3/2/2011 $481.08 27,000 15,200 75,000 5745 154.06 82.85 11.26 Included 4.22 Included $252.39
P
T P
c
Police - Records 2 305 N O'Connor Blvd 75060 C XEROX urt816811 c 5/1/2010 $261.76 45,000 51,900 75,000 5745 154.06 82.85 11.26 included 4.22 Included $252.39
P 2
T W
Purchasing 845 W Irving Blvd 75060 C XEROX UTU901120 C 3/3/2011 $650.62 30,000 24,000 75,000 5745 154.06 82.85 11.26 Included 4.22 Included $252.39
P P
T W
Street Operations 333 Valley View Ln 75061 C XEROX NWL601999 C 8/17/2010 $301.77 30,000 5,600 75,000 5745 154.06 82.85 11.26 Included 4.22 Included 1.67 $254.06
P P
T W
Water Utilities 333 Valley View Ln 75061 C XEROX NWL111097 C 8/1/2010 $301.77 30,000 25,000 75000 5745 154.06 82.85 11.26 Included 4.22 Included $252.39
P P
T W
Water Utilities 333 Valley View Ln 75061 C XEROX NWL111101 C 8/26/2010 $341.95 30,000 17,500 30000 CC20 154.06 82.85 11.26 Included 4.22 Included $252.39
P P
T W
Water Utilities 333 Valley View Ln 75061 C XEROX RYU262635 C 11/4/2010 $81.24 3,000 7,000 75000 5745 59.12 4.77 Included N/A $63.89
P M
T
Water Utilities - Admin 333 Valley View Ln 75061 C XEROX UTU900924 W3 3/30/2011 $ $440.42 12,000 7,600 75000 5745 154.06 82.85 11.26 Included 4.22 Included $252.39
P C/ 4
Proposed
$5,410.60 Monthly Cost Avoidance $18,525.45 Current Monthly
Monthly
$13,114.85
Proposed
$64,927.20 Annual Cost Avoidance $222,305.40 Current Annual
Annual
$157,378.20
Packet Pg. 219
24.a
Attachment: Fiscal Year 2010-11 Replacement Copiers Pricing Summary
Prepared by Darlene Rush, Senior Purchasing Agent Revised 9-14-10 (3577 : 30P23 Awd of 48-Month Lease Copier Replacements)Page 2 of 2
25
ADDITIONAL COMMENTS:
• Contract Required: N/A • Review Completed By:
• Previous Action: Council approved • Council Action: Council approved
• 1st reading on September 9, 2010 • 1st reading on September 9, 2010
REVISION INFORMATION:
Prepared: 8/24/2010 02:35 PM by Winnie Hunter
Last Updated: 9/14/2010 05:35 PM by Winnie Hunter
SECTION 1. That Section 52-1 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
The following monthly rates are hereby established and shall be collected for water services
furnished through the facilities of the City of Irving:
The following monthly service charges, based on meter size, include the first 3,000 gallons of
consumption:
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25
(c) Customer receiving water at one (1) location through more than one (1) meter: If the city
does not have a single meter of sufficient size to meter the water volume of an apartment,
commercial, or industrial customer and more than one (1) meter must be used to meter the
water quantity, the minimum water rate will be applied to one (1) of said multiple meters only.
Any customer receiving water service at one (1) location or complex through more than one (1)
meter will receive only one (1) twenty thousand (20,000) gallon allowance during the summer
period, June through September consumption, before the conservation rate is applied.
A large industrial customer is defined as a business which uses water in the production of a
product and has an average consumption of eight (8) million gallons per month or greater. If
the customer is receiving water service at one (1) location or complex through more than one
(1) meter, the total of the meters will be used for the calculation of the monthly average and the
rate will apply to all meters serving the complex.
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SECTION 2. That Section 52-3 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
The following monthly rates are hereby established and shall be collected for sewerage services
furnished by the City of Irving:
The new consumption average shall become effective as to bills mailed after April 30 of each
year.
The chief financial officer or designee has the authority to make adjustments to customer's
water and sewer bills based upon an examination of facts.
2
Sewer user charge rates computed on the basis of monthly metered water sale.
SECTION 3. That Section 52-5 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
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Sec. 52-5. Sewer user's charge for new residential and commercial customers.
Sewer user's charge for new residential and commercial customers shall be computed on 80 percent
of the actual monthly metered water sales until the three (3) winter months' average meter sales is
determined, but if said computation is not reasonable according to the information available to the chief
financial officer or designee, said chief financial officer or designee may recompute said charge using
data compiled from other similarly situated type of customer.
SECTION 4. That Section 52-6 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
Sec. 52-6. Sewer user's charge for customers not purchasing city water.
For each commercial or industrial unit to which sanitary sewerage service is furnished directly or
indirectly, and whose use of water is not purchased directly or indirectly from the city, the water
utilities director or designee shall determine if a water meter or meters will be installed. The meter
installation and maintenance shall be at the expense of the owner and shall be of the type approved by
the water utilities director or designee for the purpose of determining the proper volume of flow to be
used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy
when deemed necessary by said water utilities director or designee. Where it can be shown to the
satisfaction of said water utilities director or designee that a substantial portion of the water as
measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the city, then he
may require or permit the installation of additional meters at the owner's expense in such manner as to
measure the quantity of water actually entering the said sanitary sewerage system from the lot, parcel of
land, building, or premises of such owner or occupant.
If the water utilities director or designee determines a meter on a private well or other water source is
not practicable, sewer use charge will be determined by the water utilities director or designee based on
water used by similar establishments, or in any manner or method he may find practicable in order to
arrive at the percentage of water entering the sanitary sewerage system and/or the quality of the
sewerage to be used to determine the sewer service charge. The estimated water consumption shall be
applied to rates in effect.
For residents without city water service, an amount will be charged monthly based on a specific
volume applied to rates in effect. The specific volumes used in the calculation are as follows:
1 bedroom................................................................................................................................ 6,000
2 bedrooms .............................................................................................................................. 9,000
3 or more bedrooms.................................................................................................................12,000
Apartments, motels, and mobile home parks shall be charged the amount calculated for a two-
bedroom residence per unit per month.
SECTION 5. That Section 52-7 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
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25
(1) Commercial and multi-family accounts must provide the city with a security deposit before
receiving water service.
(2) Other accounts, including individual residential accounts, may be required to furnish a deposit
prior to receiving water service or to furnish a deposit with the payment of their first bill. If a
customer is permitted to send the security deposit with the first bill, the deposit must be
received by the due date of that bill or service may be immediately discontinued as of the due
date for that bill.
(3) Security deposits shall bear no interest and will be returned when the water service is
discontinued if all bills have been paid and all other obligations met.
(4) Security deposits may be set at two (2) times the average bill for city services, unless service
has been discontinued to a location for nonpayment.
(5) When service has been discontinued due to nonpayment, the new deposit, along with all
associated fees for disconnection and prior amounts due, must be received prior to the
restoration of service. A deposit for water service may be adjusted to four (4) times the
amount of the highest bill when service has been discontinued to that location due to
nonpayment.
(6) The minimum deposit for residential services shall be equal to two times the minimum charge
for city services. The minimum deposit for apartment, commercial, and industrial services
shall be equal to a two times the average bill or two times the minimum charge, whichever of
the two is greatest.
New multi-family service locations shall be assessed an additional $45.00 for each dwelling
unit.
(b) Exceptions to the requirement of a security deposit or refunds of security deposits for current
accounts. Accounts may be excused from the requirement of a security deposit, if the conditions set
out in the sections below are met.
(1) Exception to the requirement of a deposit for new customers over 65 years of age. New
customers over 65 years of age may be excused from the requirement of a security deposit if
they present evidence of their age, established credit (such as one credit card or credit
account), or that they have fully paid their account with another municipal water utility or
another utility company.
(2) Other accounts--Exception to the requirement of a deposit. This category does not include
multi-family master-metered accounts or hotels/motels. An account in this category may be
excused from the requirement of a security deposit if all of the conditions set out in one of the
sections below are met:
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a. The customer is establishing an account and has had an account for similar service with
the City of Irving which has been active for a minimum of twelve (12) months and the
account is current, the account has not been disconnected during the past twelve (12)
months, there have not been more than two (2) delinquent payments during the last twelve
(12) months, and there have not been any checks or electronic debits that were dishonored
by the customer's bank.
b. The customer has had a similar type account within the past three (3) years for a minimum
of twelve (12) months and their final bill was paid in full, i.e., there is nothing due on the
account, the service on the account was not disconnected for nonpayment during the last
twelve (12) months of service, there were no more than two (2) delinquent payments
during the last twelve (12) months of service, and no checks or electronic debits were
dishonored by the customer's bank.
c. The customer applies for and is approved to have monthly payments automatically
deducted from their banking account for a minimum of twelve (12) months.
(3) Refunds for current accounts. Single-family residential customers who have had their current
account with the City of Irving for a minimum of twelve (12) months and who have had no
more than two (2) delinquent payments (bill paid after due date), who have not had any
checks or electronic debits dishonored by the customer's bank and are not currently delinquent
shall be eligible to have their security deposit refunded by a credit applied to the utility bill no
later than December 31 of the yearly period in which the customer is entitled to refund.
SECTION 6. That Section 52-9 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
Any consumer shall have the right to demand that the meter through which water is being furnished
be examined and tested for accuracy. Such consumer shall make application in writing and with such
application shall agree to a fee of forty dollars ($40.00) to be added to the consumer's water bill. In the
event such inspection reveals said meter was registering inaccurately or was misread, said forty dollars
($40.00) shall be waived and adjustment made for the inaccurate reading.
Any consumer shall have the right to demand that the meter reading be checked for accuracy. In
the event such inspection reveals said meter was read correctly, a fee of seven dollars ($7.00) shall be
assessed.
SECTION 7. That Section 52-15 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
A customer may enter into a payment agreement with the city no more than two (2) times per
calendar year. This agreement provides for payment installments to be made against the customer's
account for up to three (3) months, unless otherwise authorized by the chief financial officer or
designee, and is subject to interest charges of 6 percent. If the customer fails to meet the terms of the
payment agreement, water service will be discontinued and will not be restored until the past due
amount plus other applicable charges are paid in full.
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25
SECTION 8. That Section 52-17 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
A fee of $2.25 shall be assessed for each duplicate bill statement requested by customer.
SECTION 9. That the new rates and fees established by this ordinance shall take effect on
October 1, 2010, however, prior rates shall be effective for service to said date.
SECTION 10. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
first reading on September 9, 2010.
________________________________
HERBERT A. GEARS
MAYOR
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
second and final reading on September 23, 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: Carrie Morris
• Previous Action: #2009-9111 • Council Action: Approved.
• First reading 9/9/2010. • First reading 9/9/2010.
• .
•
ATTACHMENTS:
• Gas Memo (PDF)
• Ordinance Attachments(PDF)
REVISION INFORMATION:
Prepared: 8/26/2010 10:14 AM by Kathryn Guerra
Last Updated: 9/15/2010 10:58 AM by Kathryn Guerra
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WHEREAS, the City of Irving, Texas (“City”), is a gas utility customer of Atmos Energy Corp.,
Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the
rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC” or
“Steering Committee”), a coalition of approximately 148 similarly situated cities served by Atmos
Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting
rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as
“ACSC Cities”); and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007 Statement of
Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process controlled in a
three year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the
Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos
Mid-Tex resolving the Company’s 2007 rate case and authorizing the RRM tariff; and
WHEREAS, on or about March 15, 2010, Atmos Mid-Tex filed with the City its third
application pursuant to the RRM tariff to increase natural gas base rates by approximately $70.2
million, such increase to be effective in every municipality that has adopted the RRM tariff within its
Mid-Tex Division; and
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26
WHEREAS, ACSC Cities coordinated its review of Atmos Mid-Tex’s RRM filing by
designating a Settlement Committee made up of ACSC representatives, assisted by ACSC attorneys
and consultants, to resolve issues identified by ACSC in the Company’s RRM filing; and
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26
WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be
changed; and
WHEREAS, independent analysis by ACSC’s rate expert concluded that Atmos Mid-Tex is
able to justify an increase over current rates of $21 million; and
WHEREAS, Atmos Mid-Tex has commenced a program to replace steel service lines based on
a relative leak repair risk analysis; and
WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants,
recommend that ACSC members approve the attached rate tariffs (“Attachment A” to this ordinance),
which will increase the Company’s revenue requirement by $27 million; and
WHEREAS, the attached tariffs implementing new rates and Atmos Mid-Tex’s Proof of
Revenues (“Attachment B” to this ordinance) are consistent with the negotiated resolution reached by
ACSC Cities and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that if the City determines any rates, revenues,
terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement
approved in any proceeding addressing the issues raised in the Company’s Third RRM filing would be
more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues,
terms and conditions, or benefits shall additionally accrue to the City; and
WHEREAS, the negotiated resolution of the Company’s RRM filing and the resulting rates are,
as a whole, in the public interest;
SECTION 1. That the findings set forth in this ordinance are hereby in all things approved.
SECTION 2. That the City Council finds the existing rates for natural gas service provided by
Atmos Mid-Tex are unreasonable and new tariffs and Atmos Mid-Tex’s Proof of Revenues, which are
attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby
adopted.
SECTION 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the
ACSC Cities in processing the Company’s rate application.
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26
SECTION 5. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this ordinance, it is hereby repealed.
SECTION 6. That the meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
SECTION 7. That if any one or more sections or clauses of this ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this ordinance and the remaining provisions of the ordinance shall be interpreted as if the
offending section or clause never existed.
SECTION 8. That if the City determines any rates, revenues, terms and conditions, or benefits
resulting from a Final Order or subsequent negotiated settlement approved in any proceeding
addressing the issues raised in the Company’s Third RRM filing would be more beneficial to the City
than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or
benefits shall additionally accrue to the City.
SECTION 9. That this ordinance shall become effective from and after its passage with rates
authorized by attached tariffs to be effective for bills rendered on or after October 1, 2010.
SECTION 10. That a copy of this ordinance shall be sent to Atmos Mid-Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway,
Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on first
reading on September 9, 2010.
________________________________
HERBERT A. GEARS
MAYOR
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26
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE IRVING, TEXAS,
on second and final reading on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
______________________________
Charles R. Anderson
City Attorney
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26.a
Attachment: Gas Memo (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
To: Ramiro Lopez, Intergovernmental Services & Public Works Director
From: Jonathon Bazan, Intergovernmental Services Assistant Director
Date: August 23, 2010
Subject: Gas Rate Ordinance
The City, along with 148 other cities served by Atmos Energy Mid-Tex (Atmos), is a member of the Atmos
Cities Steering Committee (ACSC). On March 15, 2010, Atmos filed an application with the City to increase
natural gas rates pursuant to the Rate Review Mechanism (RRM) tariff approved by the City as part of the
settlement of the Atmos 2007 Statement of Intent to increase rates. This is the third RRM filing under the
three year program.
The Atmos Mid-Tex RRM filing sought a $70.2 million rate increase. The City worked with ACSC to analyze
the schedules and evidence offered by Atmos to support its request to increase rates. The ordinance and
attached rate and RRM tariffs are the result of negotiations between ACSC and the Atmos to resolve issues
raised by ACSC during the review and evaluation of ACSC’s RRM filing. The ordinance resolves the RRM
filing by authorizing an increase in Atmos' base rate of $27 million effective for bills rendered on or after
October 1, 2010. Additionally, the ordinance authorizes supplemental revenue of $3.4 million to be
recovered through the customer charge component of rates to cover direct costs associated with a steel
service line replacement program. The monthly bill impact for the average residential customer will be a
$1.40 increase (about a 3.15% increase in the total bill) The ACSC Executive Committee and ACSC's legal
counsel recommend that all ACSC Cities adopt the ordinance implementing the rate change.
RRM Background
The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos 2007
system-wide rate filing at the Railroad Commission. Atmos' current action represents the third filing
pursuant to the three-year trial project known as the RRM process. The RRM process was created
collaboratively by ACSC and Atmos as an alternative to the legislatively authorized GRIP surcharge process.
ACSC opposed GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review,
and did not allow participation by cities or recovery of cities’ rate case expenses.
The RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute
for GRIP filings during the three-year trial period specified by the tariff. There are two components to the
current RRM adjustment. The prospective component adjusts rates for known and measurable changes in
operations and maintenance expense and net plant investment. Atmos and ACSC agreed to cap changes to
expenses and invested capital at no more than five percent per year. The true-up component evaluates
whether Atmos has over or underrecovered its earnings for the previous year. For purposes of the RRM
true-up component, the Atmos rate of return on equity and its capital structure are frozen to avoid the
parent company from manipulating the overall rate of return.
Attachment: Gas Memo (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
authorizes current cost recovery via an adder to residential and commercial customer charges.
1. Replace all service lines with the highest degree of risk within two years;
2. Coordination to minimize disruption of rights of way without compromising safety;
3. To minimize and spread the rate impact on customers of the replacement program, the service
lines with little relative risk of leaks should be replaced over a 10-year period; and
4. Current recovery of incremental (above and beyond normal maintenance and repair addressed
in RRM proceedings) direct (excluding Atmos overheads) cost of service line replacement should be
permitted as an adder to customer charges.
Fulfillment of these goals in this case will lead to $00.15 and $00.41 added to residential and commercial
customer charges, respectively. The customer charge assessment may not exceed $00.44 and $1.22 for
residential and commercial customers, respectively, prior to the entry of a Final Order in the next system-
wide Statement of Intent rate proceeding. Pursuant to the Settlement Agreement, 100,000 steel service
lines will be replaced prior to September 30, 2012.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" Proposed Sign (PDF)
B: Legal Description(PDF)
C: Letter of Explanation (PDF)
D: Special Sign Permit Application (PDF)
REVISION INFORMATION:
Prepared: 9/14/2010 02:45 PM by Sharon Brown
Last Updated: 9/17/2010 11:01 AM by Steven Reed
CITY OF IRVING
WHEREAS, the owner of the premises located at 100 W. Oakdale Road has applied for a
special sign permit for an on-premises sign with digital images in accordance with Section 7-3.1 of
Chapter 7 of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Charter Builders, Applicant for the Irving Independent School District, Owner, for
the sign to be constructed as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of 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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" Proposed Sign (PDF)
B: Legal Description(PDF)
C: Letter of Explanation (PDF)
D: Special Sign Permit Application (PDF)
REVISION INFORMATION:
Prepared: 9/14/2010 02:50 PM by Sharon Brown
Last Updated: 9/17/2010 11:00 AM by Steven Reed
CITY OF IRVING
WHEREAS, the owner of the premises located at 4601 N. MacArthur Boulevard has applied for
a special sign permit for an on-premises sign with digital images in accordance with Section 7-3.1 of
Chapter 7 of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Charter Builders, Applicant for the Irving Independent School District, Owner, for
the sign to be constructed as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of 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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" Proposed Sign (PDF)
B: Legal Description(PDF)
C: Letter of Explanation (PDF)
D: Special Sign Permit Application (PDF)
REVISION INFORMATION:
Prepared: 9/14/2010 04:54 PM by Sharon Brown
Last Updated: 9/17/2010 10:52 AM by Steven Reed
CITY OF IRVING
WHEREAS, the owner of the premises located at 101 East Union Bower Road has applied for a
special sign permit for an on-premises sign with digital images in accordance with Section 7-3.1 of
Chapter 7 of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Charter Builders, Applicant for the Irving Independent School District, Owner, for
the sign to be constructed as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of 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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" Proposed Sign (PDF)
B: Legal Description(PDF)
C: Letter of Explanation (PDF)
D: Special Sign Permit Application (PDF)
REVISION INFORMATION:
Prepared: 9/14/2010 04:46 PM by Sharon Brown
Last Updated: 9/17/2010 10:56 AM by Steven Reed
CITY OF IRVING
WHEREAS, the owner of the premises located at 900 North O’Connor Road has applied for a
special sign permit for an on-premises sign with digital images in accordance with Section 7-3.1 of
Chapter 7 of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Charter Builders, Applicant for the Irving Independent School District, Owner, for
the sign to be constructed as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of 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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" Proposed Sign (PDF)
B: Legal Description(PDF)
C: Letter of Explanation (PDF)
D: Special Sign Permit Application (PDF)
REVISION INFORMATION:
Prepared: 9/14/2010 04:58 PM by Sharon Brown
Last Updated: 9/17/2010 11:02 AM by Steven Reed
CITY OF IRVING
WHEREAS, the owner of the premises located at 3700 N. MacArthur Boulevard has applied for
a special sign permit for an on-premises sign with digital images in accordance with Section 7-3.1 of
Chapter 7 of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Charter Builders, Applicant for the Irving Independent School District, Owner, for
the sign to be constructed as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of 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 September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
requiring a zoning change, while still giving staff the ability and flexibility to carry out
the Council’s desire.
10. The site plan prohibits commercial parking lots, vehicle storage, parking of trucks
and trailers, or parking of boats or recreational vehicles in both phases. Extensive
landscaping is provided in both phases, particularly with the uses of trees, shrubs
and berms along the southern and eastern boundaries.
11. Approval of the two-phase site plan allows the construction of a high-quality, well-
landscaped off-site parking facility to serve the national headquarters of Research
In Motion, while still providing for the full development and use of the property for
other commercial office uses in the future.
12. Public notices were sent to ten (10) property owners, with no letters in support, and
1 letter in opposition received. The opposition represents 0.07% of the property
within 200 feet. A ¾ vote of the City Council is not required for this case to be
approved.
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: September 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)
• F: Landscape Map Phase 1 (PDF)
• G: Landscape Map Phase 2 (PDF)
• H: Site Plan Map Phase 1 (PDF)
• I: Site Plan Map Phase 2 (PDF)
• J: Public Comment Form in Opposition (PDF)
• A: City Council Memo (PDF)
• K: Protest Analysis Map (PDF)
REVISION INFORMATION:
Prepared: 9/7/2010 05:02 PM by Sharon Brown
Last Updated: 9/16/2010 01:05 PM by Sharon Brown
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Packet Pg. 305
32
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
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Packet Pg. 306
32
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-O and parking 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
S-P-2 Site Plan District Use for FWY uses under Ordinance No. 1144, is changed to S-P-2 Site Plan
District Use for C-O and parking 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.
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Packet Pg. 307
32
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(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. 308
32
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 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. 309
32.a
• A minimum of 50% of the required front and side yard areas adjacent to any
street shall be covered with grass, ground cover or other natural vegetation;
• Maximum lot coverage by buildings, driveways and parking shall be 60%;
• Minimum roof pitch shall be 5:12; and
• A minimum of one (1) four inch caliper tree shall be provided in the front yard of
each lot. Should there be an existing tree (4” caliper or larger) that remains in
the front yard, no new tree will be required.
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:
• A: City Council Memo (PDF)
• B: August 2, 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: Site Plan (PDF)
• G: Public Comment Forms in Support (PDF)
• H: Letters in Support (PDF)
• I: Letter, Public Comment Forms and Petition in Support (PDF)
• J: Public Comment Forms in Opposition Set 1 (PDF)
• K: Public Comment Forms in Opposition Set 2 (PDF)
• L: Public Comment Forms in Opposition Set 3 (PDF)
• M: Public Comment Forms in Opposition Set 4 (PDF)
• N: Public Comment Forms in Opposition Set 5 (PDF)
• O: Public Comment Forms in Opposition Set 6 (PDF)
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Packet Pg. 324
33
REVISION INFORMATION:
Prepared: 8/17/2010 01:58 PM by Sharon Brown
Last Updated: 9/16/2010 04:21 PM by Steven Reed
-3-
Packet Pg. 325
33
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. 326
33
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 R-7.5 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
R-7.5 Single Family District Use under Ordinance No. 1144, is changed to S-P-2 Site Plan District Use
for R-7.5 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.
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Packet Pg. 327
33
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(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. 328
33
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 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. 329
33.a
Existing Zoning: R-7.5 (Single Family) District and S-P-1 (Detailed Site Plan) for
fence within front yard
Requested Zoning: S-P-2 (Generalized Site Plan) for R-7.5 (Single·Family) District
uses
Notices mailed: 39
Responses in favor: 11 plus petition with Responses opposed: 111 plus
19 signatures 1 email (50.08%)
y.. vote required? Yes
Case Summary
The applicant is requesting to rezone the property to redevelop the site with six (6) new
single family homes.
Staff Analysis
• The property is currently developed with a single family home. The applicant is
seeking to redevelop the property with six (6) new single family homes.
• This property is currently zoned R~ 7.5. The proposed subdivision of this tract meets
or exceeds the R-7.5 minimum requirements. Prior to last year, this property could
have been platted as proposed by the applicant without the need for a pubiic
hearing. However, in September 2009 the City Council approved the '''neighborhood
protection ordinance", an amendment to the Subdivision Ordinance that requires
rezoning whenever a plat or replat for single family uses proposes to create lots that
are less than 80% of the area of adjacent developed lots. This provides an
opportunity for neighborhood input and City Council discretion when these unique
intill development opportunities occur.
• The applicant is proposing lot sizes ranging from 9,084 square feet to 12,059 square
feet with an average area of 10,154 square feet. The surrounding lots and tracts
range between 9,900 to 38,715 square feet. Since the average proposed lot size is
less than 80% of the existing adjacent average lot size, rezoning is required prior to
platting the property.
• The site plan addresses seven stipulations from the Planning and Zoning
Commission's infill policy as follows:
• The minimum house size shall be 2,200 square feet, which is consistent with ther
average home sizes of the surrounding lots.
• Exterior wall surfaces, exclusive of doors and windows, shall be 80% masonry;
Staff Recommendation
Approval.
Greetings.
My name is Robert Bogart. My wife, Carole and I have lived at 1501 Daywood Lane,
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
in Irving for twenty ye"",. My wife's parents Jived at 1413 Daywood Lane sinee 1964.
They are both deceased now, and our daughter and her family eurrently live there.
The property west of their house is 1412 E. Union Bower Rd and was purchased by my
wife's grandparents in the late 1950's. My wife and her sister inherited that property at
the passing of their mother in 2009.
The house on the property has become unlivable and the property is too large for us to
properly maintain. Therefore, they have decided to sell it. A developer has approached us
with a plan to improve the properly. Having consulted the city engineers and planners, it
has been determined that six houses could be built within the guidelines of the city. Each
of these houses would be a minimwn of 2200 sq ft, which is in keeping with the city's
requirement that the houses be compatible with the surrounding houses.
The city sent a notification to all residents within two hundred feet of the property for
input. Most of theses bouses range from 2100 sq ft to 2300 sq It. There are several within
the circle that are as small as 1504 sq ft, and several over 3000 sq ft.
Several of the new houses will be on lots as large as 10,000 sq. ft. None will be smaller
than 9000sq.ft., and one will be over 12,000,q.ft.
Drainage problems that have plagued the area for ye"", will be improved, with rain ron
off going to Union Bower Rd on the north and to the Daywood Lane extension to the
south, rather than through the yards of neighbors, as happens now. My house is three lots
east of this property and when it rains, I have seen as much as two inches of running
water in my back yard Wld often it stands Wider our house.
It is my belief that the addition of these new, large houses will enhance our
neighborhood, as well as raise the value of aD the surrounding properties.
Thank you for your time and consideration in this matter.
RECEIVED
SEP 0 1 2010
Copartmenl of
Planotav a•• InapI.llona
PUBUCCOMMENTFORM
(Pleas. type or use black ink)
PO Box 152288
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
" I :un FOA tI}e requested ;toning as explained on the attached public notice tOf Zoning CilEl
~ IIZC10::00JO.
I am AGAINST the requested zoning as explained on the attached pubUc; notice for ZonIng Case
I ~ZC10-0030.
Name: C.aro~
(please print)
J3og?lr+
Addres. I8"D/ "})atwood l...qne..
TaxAcc,,"nt(DCAD)Numbe, /.z I EIVED
(if""""," on enclosed map):
Signature: 1~":';~~~L.~~j~~~~~~~~~0 1 2010
Date:
-L.l-'-..L--------~----, ...
artm••
I.;;.;ln!!ia"alld t 0'
Inspe,t1ona
Phone (optional):
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
X I am FOR the requested zoning as explained on the anached PUblic notice tor Zoning case
#ZC10-QOJO.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10.()030.
TaXACCOUnl(OCADJNumber~~C""ooo 'lP,O
(If shoWn on endosed map): <2~ cxv '
5" D(J)(f)r1
L/
Signature: ~+C
0.'.' _---'&' -'1.'-.'-5=...0--./'-1=--0 _
Phone (oplional):
-------~-----,RECEt'1E1'"
SEP 0 1 2010
Dlpartment 01
PIIIIII., Bnd l.t~ ..t10.1 sw
.d
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
I am FOR the requested zoning as explained on the attached public notice for Zoning case
#ZC10...o03D,
__ I am AGAINST the requested z.onlng as explained on the attached public notice for Zoning Case
_ZC10-00JO.
Date, location & Time of:
P!,ANNING & lONING
COMMISSION MEETING: Uonday. August 2, 2010. 7 pm.
City Hall, 625 W. Irving Blvd., Irving, Texas
Pi.... provide commentll eXplaining the r...cna for your support or oppoa~on:
"- ),~
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v RECEIVED
SEP n1 2018
Oepar1ment oj
Planatnv nd InspecllB"s
-A
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
I am FOR the requested zoning as explained on the attaehed public notice for Zoning Case
'ZC10-Q030.
I am AGAINST th" requested zoning aa explained on the attached public notice tor ZonIng Case
#ZC10-0030.
Name:
Address:
Phone (optional):
Pi.... provide commem. .xplalnlng th. fUIIO... for your support or oppolition:
RECEIVED sw
SEP 0120m
Deplr1ment of
Plan.log and In.pectlona
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
-l,L- '. am FOR the requested zoning as explained on the attached public notice for Zoning Ca&e
#ZC10-o030
_ t am AGAINST lhe requested zoning as ~Iained on the attached pubtic notice for ZoninQ CaM
#ZC10..o030.
Phone (optional):
sw
SEP 0 I 2010
OBpBrtm.'l of
Plaliing ailif InspectIon,
RECElVED
SEP 0 1 2D1O
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Depart..e.t .1
Ple.llng a.d I~UOlI <Za 10
1
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
~
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
.f.~ame.---
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Address-·-·-·_···-·...· - - _ · - · Address--··----··...-·----··..·
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Address-··....···············--··············-·· Address-·--··············....·..·..··-··..··
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Name £LL
Address:
Signalure
:! .M
<
~ &,,1d!J~ _
Dat// fjtsl / )(J I~
Phone (optional): _-'- / _
Please provide comments explaining the reasons for your support or opposition:
RECEIVED
SEP 01 2010
Department 0'
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030
Name', J0h V)
(please print)
j, [) 'c Q 1/ a 3!-'-'h=
V
Q 'l
l _
Signature:
Date:
Phone (optIonal):
Please provide comments explaining the reasons for your support or opposition:
~
,j- a W7 ~/l2o~cd b ecov,?~ bOP tI efyb f;oJr lto"""
RECEIVED
SEP 0 1 2010
Dlplrtme.t D'
PIIIIIIlI ••d '.SpICUOOS
sw
Packet Pg. 406
33.m
\ am FOR the reque~ted zoning as explained on the attached public nolice for Zoning Case
I am AGAINST the requeslE!d zoning as explained on the attached pUblic nolice for Zoning Case
#ZC 10-0030.
Name.
~(Tlt
(please print)
Address: 1~2-j' f.
Signature:
Date:
Pllone (optional):
Please provide comments explaining the reasons rOt your support or opposition:
- - - - - - - - - - - - - - - - - ' E ~~~"'----
- - - - - - - - - - - - - - - - - - s S E P Ql 2\Il1l
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Packet Pg. 407
33.m
1 am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
Name: ~Nf---=--Ox",-,+ke~"-_-jA'0 sk
(please print)
Address: --J!~2--,2<-3"----,~",,----,-ULJ.iL\,,,·.ucY\o.._--L8,.:l...Il.d-"'INif~_(&.L
Date .
PtlOne (optional):
Please provide comments explaining the reasons for your support or opposition:
_ _ _ _ _ _ _ _ _ _ _----'RECffi'-""E""'D_ _
SEP 01 2010
Dlplrtmlnt 0'
pl.nllna •• ~ 'n.plellan.
sw
Packet Pg. 408
33.m
~__ I am,FOR the requested zoning as explained on the attached pUblio notice for Zoning Case
~10'0030,
Name /llo,{.(
(please prinl)
;fliAra JIJ
I,
Address 1)..J...? r. W1;O'L ~
'f:Jt-v.;-l ~, fl-o ,rofe {
Tax Account (DeAD) Number
(if shown on enclosed map): ~;)..cq1 (roo I 0 I \ b~bb
Signature:
Date:
mOl" mum
&utlLi r :5) (~
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Pll0ne (optional):
Please provide comments explaining the reasons for your support or opposition:
RECENEO
- - - - - - - - - - - - - - - , S " " E " ' PITZOfO,----
Dlpa.".'''' of
sw
Packet Pg. 409
33.m
I am FOR the requested zoning as explained on the aUached public notice fOf Zoning Case
----1.L' #lC10-0030
Iam AGAINST the requ~sted zoning as explained on the attached public noUce for Zoning Case
Name fuv1ClSCV
(please prin )
&v7 eeY&
Address 1,;)..2. 3' t:. Un jUt.. JS,. c,v<r fLM"
fu liD ~ -{;b Ifb~ (
Tax Account (DCAD) Number
(if shown on enclosed map):
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Please provide comments explaining the reasons for your support or opposition:
---------------IREeEfVEG-
---------------------'iESEP-D--If-12'l1l01o-0- -
-------------------------,P1,,"..r.i..;lilr:I;~r,:tp:~liUliS
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I am FOR the requested zoning as explained on the attached public notice for Zoning Case
-'-- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10·0030
Name:
(please print)
Address: '·00<:( E. WON B:J.U:R J::K\llNG,"TX I
Please provide comments explaining the reasons for your support or opposition:
__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
X I am AGAINST the requested zonmg as explained on the attached public notice for Zoning Case
#ZC10-0030
Name:
(please print)
Address: 13ld- Co \J tJl()IJ tSOlA.i81 ::r~Ul ~ I Ti<"
Please provide comments explaining the reasons for your support or opposition:
RECEt'1EO
SEP 0 120m
OlpIII..llllo'
sw
I af'" FOR l'"le requested zoning as e:n' A:1~ed on \l"1e attached public notice for Zoning Case
#ze 1C·OD3D.
P'lcne (optional)'
PleiliSf. pro'Jide comments explaining the reasons for your support or opposition:
sw
__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
~m AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC10-0030.
GOAJ .. IJDl'nI, S
(please print)
Address. (CfE/~ DR,z..~ 't>t{,
Signature:
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
r
SEP 01 21IIQ
Depertment of
Plan.lng uti InapecUoRI
sw
__ I am FOR the requested loning as explained on the attached public notice for Zoning Case
/ I am AGAINST the requested loning as explained on the attached public notice for Zoning Case
#lC10-0030.
Please provide comments explaining the reasons for your support or opposition:
~------ -RECEl\£E,-,,<-D_
.~-----------~SEOL--P D1 2010
Depertment 01
Ple.e'., ad Insp••"ons
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
Name:
(please print)
Address: 1£ ~::LV"kf4J=c1 LtV
Date 1/2/tjJ D
Pilon. (optional): CJ7;J - fL>7 2 - ';;;7 '73
Please provide comments explaining the reasons for your support or opposition:
REceiV
SEP 0 1 2010
UlJlrtme"t 01
sw
PO Box 152288
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
Y
If· I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030
Name"
CAt~ IA BU~""~"",,,"""l\lJ-----------
(please print)
Address, \'532 D,"'l'mcd I~
-
Tax Account (DeAD) Number ~
Please provide comments explaining the reasons for your support or opposition:
~2db.., d-<-lDL,cJ--lc..
~ £\L.. , Srbc. .. c.,l -I
1\ '" l.<..J
~~~~ 1:s
____~ .._j~....,..,.." n--oumr--
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I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Phone (optional):
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~~~4t-h«,/k//~
adMiMif-t/
-----------RECE1Vf;6
sEP aI ZUlU
O.partm••t 01 sw
Pllnlln, anlllnsplcUonl
I am FOR the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC 10-0030.
Name:
(please pnnt)
Address: .1.33 ()
Tax Account (DeAD) Number
Signature:
Dale:
&.-e 4£ •
Phone (optional)
Please provide comments explaining the reasons for your support or opposition:
--------RECEl-VED~-
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _...:lS~ I 2010
Deplrtmen' of
PIII,IIg aad laspecilul
sw
I am FOR the requested zoning as explained on the attached pUblic notice for Zoning Case
#zc 10-0030.
Signature: ~~-----
Date: ~hb/r,,-O _
PllOne (optional):
Please provide comments explaining the reasons for your support or opposition:
RECEIVED
SEP 0 I 2010
D.portm.nt .r
Plo.ol.g o.d '''PleU•••
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
~ZC1 0-0030.
#ZC10-0030.
PLANNING 8. ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m
City Hall. 825 W. Irving Bh/d., Irving, Texas
'Jame
(please print)
Address' L'2 0 \ ~~ l!
'~'
Signature:
Date"
P~lOne (optional):
Please provide comments explaining the reasons for your support or opposition:
RECEIVED
SEP 01 2010
OOPlr1menl .,
Planalng In4 Inlpecaon.
sw
! am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
Name:
(ple8se prmt
Address: J3 3 I 73c)(! d-"lJ !2
Tax Account (DeAD) Number
(if shown on enclosed map):
Signature:
Date-
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
RECEIVED
SEP 01 ZDIO
oepartmeRt ul
PI•••I., •• ~ 1.S11I'U••,
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
Name:
Address:
Signatur
Oat
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
RECEIVED
SEP 01 2010
Depertment of
Plan.lng aid Inspections
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#lC10-0030
Signature' '-:nv.~QQ / ~
Dale ~ -:15 ---'I.'::D _
Pllone (optional):
Please provide comments explaining the reasons for your support or opposition:
-----~SE:Il--PIJ.-IH2!Ot010o---
D.parlme.1 of
Pta.ll.t and l",pltllun,
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am A.GAINST the requested zoning as explained on the attached public notice fot Zoning Case
#ZC10·0030.
Name
~~------
(please pont)
Address: [So.a )S.,r4-J..<D<LC-'-'- - - -
Tax Account (DeAD) Number
(if shown on enclosed map):
Signature"
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
-------------iREGEWED'---
_ _ _ _ _ _ _ _ _ _ _ _ _ _S""E"'-'PnI 20lD
Departmenl of
----------- Pili_lag 1..11 Inep.ellaA'
sw
Packet Pg. 425
33.n
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
-L. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Signature:
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
sw
Packet Pg. 426
33.n
, am FOR the requested zoning as explained on the attached public notice for Zoning Case
J ;:1m AGAINST the requested zoning as explaIned on the attached public notice fOi Zoning Case
#ZC10-0030.
Name.
Address:
. -
J IA:c41;-C:L
2 5_-~~~e:.,-,
,(
Phone (oplional):
Please provide comments explaining the reasons for your support or opposition:
_ _ _ _ _ _ _ _ _---<RECEIVED
SEP 01 2010
Depertment 01
planRln, and IOaplc:t1onl
-~----
sw
I I am FOR the requested zoning as explained on the attached public notice for Zoning Case
_ _ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
Name:
Address·
Signature:
1°
Phone (optional): I - !'f-II
Please provide comments explaining the reasons for your support or opposition:
RECEIVED
SEP 01 2010
Department .f
PlanRing lIullnspecUDns
sw
Packet Pg. 428
33.n
\ am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030
Signature:
Date'
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
--~_--_~~ __ ~_----REeEtVEDI----~
--------------aIoSEP 91 281ll
Oepa/lmenl .,
Planning dAd Inspections
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
L I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC 1 0-0030.
Signature:
Dale:
Phone (optional):
Please provide comments explaining the reasons for your support Of opposition:
-----------~-----REGEIVE{)t---
SEP 0 1 2010
Department of
PII.Ai.g IA' '"paell•••
sw
Packet Pg. 430
33.n
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zonrng as explained on the attached public notice for Zoning Case
#ZC10-0030.
Name:
Address:
'79::4 I
Tax Account (DCA D) Number
(if shown on enclosed map):
Signature:
Date:
Pll0ne (optional):
Please pro\ride comments explaining the reasons for your support or opposition:
----------------~--
SEe 0 I 2010
peparfmenl of
PIMPing aR. Inl,e.tfans
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
~ I am AGAINST the requested zoning 35 explained on the attached public notice for Zoning Case
nZC10-0030
Name:
Address:
T
Tax Account (DeAD) N u m b e r ' - j )
"''';'l4 Ty;. 25(:?(P!
(if shown on enclosed map): ----ih
Signature: m~ e",;{/i;C>;tfi6'lbL
Dale: tl- 2" 5'- tlJJ J()
Phone (optional):
Ple85e provide comments explaining the reasons for your Slipport or opposition:
RECEIVED
SEP 0 1 2010
8eparlmea( 01
Plan.'nv alII' 'nspeCllonl
sw
_ _ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
_~ I am AGAINST '.he requested zonmg as explained on the attached pubhe notice for Zoning Case
#ZC10-0030
Phone {optional)
Please provide comments explaining the reasons for your support or opposition:
_ _ _ _ _ _ _ _--"'SEf>.j I 2g19
p Department 01
lan'lag aid 'n.petltoR.
sw
Packet Pg. 433
33.n
I am FOR the requested zoning as explained on the attached publ:c notice for Zoning Case
I am AGAINST the requested zoning as ex.plained on the attached public notice for Zoning Case
~ZC10-0030
Name:
Address:
Signature:
Oate:
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
--------------------jREGEPJED
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _S=EP D1 201fl
Deparlment or
Plan"illg lAd 1""estleR'
sw
Packet Pg. 434
33.n
Iam FOR the requested zoning as explamed on the attached public notIce for Zoning Case
I am AGAINST tl:e requested zoning as explained on the attached public notice for Zoning Case
#ZC I0-0030.
Name L
Address:
Signature:
-+--......,......=---------
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
--------.
~SEP 01 20W
D.partment 01
PhI".!.' all' InsplICllolls
sw
Packet Pg. 435
33.n
\ am FOR Ihe requested zoning as explained on the attached public notice for Zoning Case
( am AGAINST the requested zoning as explaired on lr,e attached public notice for Zoni"g Case
#ZC 10-0030.
Address:
Please provide commen1s explaining the reasons for your support or opposition:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~SEP 0 12910
PI OeJJl!Irhnent 01
aDDing II' '''"ecUune
sw
I am FOR the requested zoning as e;.<plained on the attached pUblIC notice for Zoning Case
I I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
'ZC10-0030.
Name:
Address:
Signature:
Date:
Phone (optional):
Plea5e provide comments explaining the reasonS for your support or opposition:
SEP 0 I 2010
Oop.rtmeRI of
planing IA.lnlpeeHal.
~----~-
sw
Packet Pg. 437
33.n
I am FOR the reqt;ested zoning as explained on the attached public notice for Zoning Case
~m AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
Please provide comments explaining the reasons for your support or opposition:
RECEIVED
SEP 0 I 2010
Deportment 0'
Plan.'ng lll,lf Inspecllon.
sw
1am FOR the requested zoning as explained on the attached publiC notice for Zoning Case
_/_ a~m
I0 AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
Signature:
/~ l/"cL.te
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
~ _ _~ ~ IiECEillED-
SEP 0 1 201C
Oepartment 01
Planiling and Inspecllan.
sw
PUBUCCOMMENTFORM
(Please type or use bleclr Inlr)
I am FOR the requested zoning as explained on the at!ached public nclice for Zoning case
#ZC10-0030.
Name: .,...,..---Sbco~\iD=-=o..J:""=""'-':::;::::'~l.,.;g..:=\6:..:::6S.=- _
(please print)
Addreeo: J2..3 t-J ~\lI<Jl.o HtaTS be
Signature:
Dale: 8/2.'1 /0
Phone (optioneij: 2 1'-1-63.8-7301
Pi.... provide comments explaining the for your support or oppoeillon:
fI-/£ 2.E -ZOkJ JtJ~ JW I I ]7oJ!f<- /{Oc.J.5; jtJ'o 0--.)
________________RECEnlEDe..-
SEP 01 2010
Depertment of
Plan,'og and InspecllpDs
sw
__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
/ ' I am AGAINST the requested zoning as explained on tne attached public notice for Zoning Case
#ZC10-0030
Name"
Address:
Signature -W~~
Date £-?-I-;O __~__~__
PllOne (optional):
RECEIVED
SEP D1 2D1O
DBpanment 0'
PIII\"in, IRtllnipICtiOftI
sw
Packet Pg. 441
33.n
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
\ am AGAINST the requested zoning as explained en the attached public notice for Zoning Case
#ZC10-0030.
Please provide comments explaining the reasons for your support or opposition:
N4=AkJLk~~.L.Z.
SEP 0 1 20ID sw
Department 'I . Packet Pg. 442
Planllng anl!llnspectlonl
33.n
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
~ am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10·0030,
Signature:
Date
Phone (optional):
Please provide comments explaining the reasons for your support 0,. opposition:
SEP 01 2010
Department of
PlaoRiM aReI InsDections
sw
Packet Pg. 443
33.n
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC\0-0030.
Phone (optional):
Please provide commenq oxplaining the reasons for your support or opposition:
------------~RECENED'--
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _---'lJSEP 31 2U\3
Department of
Planlll1nQ uti Inspections
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Signature: cU~
Date: 8· iJ,D -10
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
REce;Nt:D
-------------------:....:.::S""E""P0' 2010
De ditmeR' 01
sw
_ _ I am FOR the requested zoning as explained on the attached public notIce for Zoning Case
~ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030
Signature: ~~
Date: 810\ \10
PtlOne (optional):
Please provide comments explaining the reasons for your support or opposition:
_ _ _ _ _ _ _ _ _ _ _ _---lRECEIVED
SEP 0 1 2010
Oepartment 0' .
Plan.ing aad InspactlOns
sw
_ _ I am fOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030
Name:
Address'
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
_ _ _ _ _ _ _ _ _ _ _ _ _RECElVED
SEP 0 1 2010
Department 0' .
Plan.ina and 'nlplctlonl
sw
__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
~ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZG10-0030.
, ~.)
c~:":-:.f?,,-l~
.
Signature:
Date
Phone (optIonal):
Please provide comments explaining the reasons for your support or opposition:
RECENEo-
SEP 01 2DlO
Oapartlnent 01
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Name C/1I1!1Ci f!
(please PjJ,nt)
um u!J I
Address: NIfJ... 0I7;'rV7 Bow&' !4
.
TaX'Aesount (DCAD) Number
1£1/109 rf ;/';() (n /
(if shown on enclosed map): ~' :?~
Signature: 4-~JQ E: __/4 S'
Date: ~3/- 2 CI 0
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
-------------~l-
SEe 0, 2816
Plu P'Plrt1lJ8At of
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Signalure: ~ ~
C?
Date: S - 5/- 2010
Phone (optional): Jf( gg 3 2-?70
Please provide comments explalnl" the reasons for your support or opposition:
sw
J am FOR the requested zoning as explained on the attached public notice for Zoning Case
, I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Address:
(Pt1s r~t)r E , r .
LAv\I!'))']
III
6o,JQV
;26 6 I
Tax Account (DeAD) Number
(if shown on enclosed map): 7j)~/['ifJil---------,::~~it:\\JED
Signature:
4F'lr-jlll-l.f.D'9""''-r-------SEl'-ll-\ 111\(l
Date: _...lJ-+-"...L~'_"'_I__I..!~ =~!\l"l.rli.iim.nl ~\\.n.
Pl••••' \n.~
Phone (optional).
Please provide comments explaining the reasons for your su port or opposition:
n I~ ,
_ _ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I
-L I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030
Name:
Address:
P~'one (optionall:
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10·0030.
Name:
(please print)
Address: 1<?;lLf £- UfJlOtJ BDWe.(.,
Signature:
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or oppositior:
-"""~:::.v:A",-l"Q....!~":"·
v~ ~- - - - - - - - - - - - - - -
sw
I 8r"" FOR t'le requested zonmg as en' ~I~ed on the attached public nohce for Zoning Case
'ZC1C~0030
Me.\l$SOv
(please prmr)
b/CM\S
""'""'''-------------
Adaress. \~~~~C _
Tax A.ccourt {DeAD) Number
Sjgl,alur~2A ~~"- _
Dale~
P'lcne (optionel])
PleasE. pro',ride comment$ explaining the reasons for your support or opposition:
RECENEO
SEP 01 2010
Department 01
pl,nBtng aId Inspections
sw
I am FOR t"Je requested zoning as ex[' .w~ed on the attached pL:bhc notice for Zoning Case
.ZC1C-0030
(please r/flt)
Adaress: 1-<13;u.fI rn... feL
L _... Dr _
Signature:
Date-
P;lcne (optional)'
PleasE:- provide comments uplaining the reaSO:15 for your support or opposition:
____RECE\\/ar-
SEP 0 I 2010
sw
\ am FOR t"e requested zoning as eX[' ~Ir:ed on 111e altached public notice for Zoning Case
/ I am AGAINST the requested 7.:0010g d- explained on the attached pUblic notice for Zoning Case
#ZC10-0030
(please pnnt)
Adaress, l ) l'5 Q'R e-lE I 121
Sig"alure: ~ r: O~
Dale g,=.
I Y'/to
P:lcne (oplionail q:71.lf)j(·7J.,dl"Q'- _
Pleast- pro·..ide comments explaining the reasons for your support or opposition:
_ _-----'~-=ED'--_
SEP U\ ,010
DI'ela.r.1r~~p~tctlons
P1ait.. ·~
sw
Pleas~ provide comments explaining the reasons for your support or opposition:
S;:P U, ZUlU
081111 (mint al .
sw
\ am FOR l'le requested zoning as eXt' ,w-:ed on the attachec public notIce for Zoning Case
#ZC 10-0030.
PlenE; provide comments explaining the reasons fer your support or opposition~
_ _ _--IREClliE=O:..-_
SEP 0 I 2010
Department of
P\iRI\llg lAd laspect!QQI
sw
\ am FOR the requested zoning as explained on the attached public notice for Zoning Case
J am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
~ZC10-0030.
Name:
Address'
Phone (optional).
Please provide comments explaining the reasons for your support or opposition:
------------------jRECEfVEf)f---
SEP 0 I 2010
-- - - - - - - - - - - - =Planarng
..0I'.!.~p.!!1r\m,'".D1l\;g~I"'""._--
aitlli,pllctlons
sw
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
~ I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#lCl0-0030.
Please pro\Jide comments explaining the reasons for your support or opposition:
RECEIVED
SEP nI 20ro
!Joplfl......r
PI,..Jlg It'ld IUPldll1lS
--------------=
sw
I af'"\ FOR 118 requested 70ning as en' "lIned on the attached pUbliC notIce for Zoning Case
I am AGAINST the requested zoning d~ el:plamed on the altached public notice for Zoning Case
#ZC '0-0033.
Signature $~ __
Ot ~
P~1cne (OPhon:l~ Cfii:6-717._7.L~ _
SEP 61 2010
sw
, am FOR the requested loning as explained on the atached public notice for Zoning Case
J am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZG 10-0030
Name: ~,\nJ
(please prin'i!'
MoL \
Address: Isoi6 [;ye)le ~(
1:rv:4 T:f, rg)(p-L\_ _
Tax Account (DeAD) Number ....,j
Signature:
J.rt{----- ~-
Date: 30- ,0
~.
Phone (optional):
Please provide comment5 explaining the reasons for your support or opposition:
t'1::'VED
SEP 01 2010
---------~
Department 01
PlanRlnq lAd Inspections
sw
I aFl FOR !"Ie requested zoning as e:H' .'II:;ed on the attached publiO nallce for Zoning Cas.e
I am AGAINST the requested zoning oi~ explained on the attached public. nolic.e for Zoning Case
IlC 10-0030
~f~:Z:m4=O
Tax Po.ccount {DCAD) Number
\if shown 0: i.mclosed rnap)
Dale 0
g~w-I
s9n-M<,..a02~. J - ~ ~
SEP 9 I 2616
sw
I am FOR l'"Ie requested zoning as ex[' ~l~ed on \he attached public. notIce for Zoning Case
#ZC1C·0030
J:~~,) ~"---r _
Adaress' \5Jle DftA-eL bL-'tv\I\"'j 1~
8- ~(J - J0 'lr()...o~
Tax Accourt (DeAD) Number
(if shown or enclosed map). 3Zo"l,S ocn2.oo30ClClCl
Signature: ~M----,,%~( _
Date- ~ -:~O- ~O _
P~lcne (optional)
Plea Sf; provide comments explaining the reasor's for your support or opposition:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _....ilSa.D I 2010
pI pepartment 01
.IAAUI§ alld Inspectioils
S\II
I ,<!fT1 FOR t'1e requested zomng as exr ~lned on the attached public notIce for Zoning Case
OZC1C-0030
fplease pont)
Adoress
Signature:
Date , ..
PleaSt prO'.dde comments explaining the reaSO:1S for your support or opposition:
SEP lJ 1 2010
Department of
Planning and Ins,ectlDn.
sw
I am FOR the requested zoning a5 explained on the attached public notice for Zoning Case
\ am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
* #ZC 10-0030.
Please provide comments explaining the reasons for your support or opposition:
SEP 01 2010
-------~--~----__::=~Iltp.a
i'la•• ,,1 II'....,.,
lupHllo••
sw
Packet Pg. 466
33.q
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Name:
(please pnnt) ,
Address: /Jill Val1CL Dc,
Date:
30
34
10
200 Ft
Notification rl---.":::::~J%W
OAYWOQD LN DAYVVQOD LN -
Boundary
'"o
(J)
....
I
15 \2
QAYWOODtN
DREX [];I
37 24 o EL LN DREXEl. "
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my thoughts rezone
From: Bob Bodwell
Larry
1. We told the council what we were against but never said what we were for. Our goal is that when this
development is done, it will be "consistent with the pattern of existing lots in the neighborhood", as
3. The owner has every right to develop the lot with as many lots as present zoning permits, In this case
4 lots are permitted, 3 on Daywood and 1 on Union Bower. (Note: Under present zoning, 2 lots would
be permitted on Union Bower if only llot was on Daywood.)
4. The neighborhood is not happy with 3 lots on Union Bower as the lots would be narrower than any
existing lots. We are happy with 2 lots on Union Bower as long as the dept of the lot remains at
121ft. The neighbors' request of 2 lots on Union Bower gives the owner 1 more lot than permitted
under current zoning and also allows for smaller lots than current zoning.
5. The deep lots might prevent the new homes from being built closer to the street than other lots in
the neighborhood. It may keep the new homes to 1 story instead of 2 story, as there are no homes in the
neighborhood that look like 2 story homes. This meets our goals B & C.
6. If the 5 lot total, 2 on Union Bower, is not economical for the builder, then perhaps he is paying too
much for the land. The builder originally thought he had a 7 lot deal with the owner, when under
present zoning he had a 4 lot deal. The builder originally divided this lot under R7.5, had 7
lots, and forgot about the NPO (he said such at the council meeting). This is where the 121.5 ft dept of
the Union Bower lots comes from.
7. What ever we do is permanent! Leaving the land vacant a little longer, if this builder backs out, is
There are other ways to develop this lot and there are other builders.
8. The Neighborhood Protection Ordinance works! Except for this ordinance, the neighborhood would
have had 7 lots, 4 on Union Bower. The NPO probably decreased the value of this lot, and other lots, to
a builder and owner.
9. The builder stated at the meeting that this rezoning case was the first case to come under the NPC.
Until this ordinance, the neighborhood had very little say in the development, rezoning, of their
neighborhood. Let the NPO work in this case and set a precedent for the following cases!
Bob
-----------~~------- ~---------------
,-._--,.,'------~----~-~'_ .._'--_.~.
f l am FOR the requested zoning as explained on the attached public notice for ZonIng case
#ZC1Q.OO3O.
I am AGAINST the requested zoning as explained on the attaetled public notice for ZoningCase
-ZC1()..()Q31).
q13
SIgn8tunt:
Date: _
Phone (optional):
sw
RECEIVED
SEP 16 2010
Department of
PlanBlftg and Inspections
--------_._.-----
t.-/ I am FOR the requested zoning as explainedon the attached public notice for Zoning Case
#ZC10-0030.
I am AGAINST the requested zoning as expl8ined on the aItached putlIic notice for ZoningCase
#ZC10-0000.
S/gnatunt:
Date:
Phone (optional):
PI. . . provide cornmenta upllllnlng the ....... far yow support or appalldooa:
£m),4 'e
sw
RECEIVED
SEP 16 2010
Department of
PlanRing and Inspections
_._--------
_V_ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC1 Q-0030.
__ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#lC10-0030.
Phone (optional):
*JOe +l:,..!:
Please provide comments explaining the reasons for your support or opposition:
sw
RECEIVED
SEP 16 2010
Department or
Planglng and Inspections
L I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030
_ _ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
Name: It fell 4~ t.
(please print)
Address: 2= cfh5 U/e j r
£1{ V/A/" 0-, I)(' 7)0 ?P
Tax Account (DCAD) Number 7 ~ co
Signature ---:?-=== ~~
Phone (optional):
Please proYide comments explaining the reasons for your support or opposition:
x: L
-rh ,'NII Th,"J I '5 T~ e TY/c. CI r-
I ..,e.(. eft~VeAt ~-/ '1.5 T Ii e N e ,'"6-A 80/f /Teol) ,/1/ e eP5,
sw
RECE\\lED
SEP , G!O\O
\le1aarn\dmr::p~fctions
P\an"\R~
II?
\/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
_ _ I am AGAINST the requested zoning as explained on Ihe attached public notice for Zoning Case
#ZC10-0030.
Date:
Phone (optional):
Plea.. provide commenta e.plaining the reason. for your .upport or opposition:
sw
I am FOR the requested zoning as eXplained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
as: 10-0030.
Date, location & Time of:
PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 p m.
City HaD, 825 W. INing Blvd., Irving, Texas
..5/3
CITY COUNCIL MEETING: Thursday, September" 2010, 7 p.m.
City HaY, 825 W. Irving Blvd., Irving, Texas
PIe... provide comments eXplaining the reasons for your support or oppoaltJon:
sw
RECE\VEO
SEP , 6 20\0
Department 01 .
Planting and lnspectlons
V I am FOR the requested zoning as explained on the attached public notice for Zoning Case
-- #ZC1 Q-0030.
~3
CITY COUNCIL MEETING: Th~,~emberj.2010.7 p.m.
Pie... provide comments explaining the reason. for your support or opposition:
sw
RECE\VED
SEP , 6 2010
Department 01
pianninQ a"d tnlliBetloRs
~ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
sw
RECEIVED
SEP 16 2010
Department 0'
Planning and Inspections
6.. I am FOR the requested zoning as explained on the attached public notice for Zoning Case
~~
CITY CQUNCIL IIIEETING: Thursday, Septembe11if.'"2010. 7 p.m.
Name:
~~~~ Gv"N6'i~tV
(please print)
Address: _l=:b \A
TaxA~m(DCAD)Num~
(if shown on enclosed map): --~-"'"7,..&;.+---::=---+=----------
Signalute:
Phone (optional):
sw
RECEIVED
SEP 16 2010
Department of .
Planting and Inspections
L I am FOR the requested zoning as explained on the attached publiC notice for Zoning Case
I am AGAINST the requested zoning as explained on !he attached public notice for Zoning Case
-- #ZC1D-0030.
~O('O.._\\ O\oeY\(\06~
Name:
(please pnnt) J
Address: \ l\ ~ :ff {Ci ~ '€ :J
Tax Account (DCAD) Number
:LcJj,V'll.
. &) n =ZSOle 0
(if shown on enclosed map):
Signature:
Date:
CtLIX) L O.ll&
Q- \':\- 10 '6
c
Phone (optional):
Plea. . provide comments .xplaining the r.asons for your support or opposition:
SW
RECEIVE
o
SEP 16 2010
Department of .
Planning and Inspectlo ns
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC1Q-0030.
Phone (optional):
Please provide commenta e.plilinlng the reasons for your support or opposition:
sw
RECEIVED
SEP 16 20\0
Department of .
Planling and Inspections
v---; am FOR the requested zoning as explained on the attached public notice for Zoning Case
__ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC1Q-0030.
~.3
CITY COUNCIL MEETING: Thursday, 5eptember~, 2010, 7 p.m.
City HaN, 825 W. Irving Blvd., Irving, Texas
Address:
Date:
Phone (optional):
sw
RECEIVED
SEP 16 2010
Department 01 .
Planling 3l\d Inspections
1----j am FOR the requested zoning as explained on the attached public notice for Zoning Case
__ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC1 O-OOJO.
Address:
TaxA~m(DCAD)Numbw
(if shown on enclosed map): -~il-----:-r---------------
S~natunt: ;fat1J-~
Date: q -- Ilf - 2,.() , rJ
Phone (optionat):
PI.... provide com....nts explaining the re.sons for your support or opposition:
sw
REceiVED
SEP \ 6 20\0
Department of .
Planling and Inspections
.JL.. I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
'::;.3
Name:
Address:
_\ -s. ~~
Tax Account (DCAD) Number
(if shown on enclosed map): _-:-+-__= - _ ~ _
Signature:
Date:
Phone (optional):
Plea.. provide comments ••plainlng the ,,"sona for your support or opposWon:
sw
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: September 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)
• F: Letter of Explanation of the Trade School (PDF)
• G: Site Plan and Concept Plan (PDF)
• H: Public Comment Forms in Support (PDF)
• A: City Council Memo (PDF)
REVISION INFORMATION:
Prepared: 9/7/2010 05:07 PM by Sharon Brown
Last Updated: 9/16/2010 01:11 PM by Sharon Brown
-2-
Packet Pg. 501
34
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. 502
34
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 P-O and training school 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-OU-2 Commercial Outdoor District Use under Ordinance No. 1144, is changed to S-P-2 Site Plan
District Use for P-O and training school 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.
-2-
Packet Pg. 503
34
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(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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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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