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AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, SEPTEMBER 23, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

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

6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor


City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M. -----------------------------------------------------------Organizational Service Announcements

Invocation

Reverend Deberah Jones, First Christian Church


Pledge Of Allegiance

Proclamations, Announcements and Special Recognitions

Public Hearing: Items 1 through 36

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON


THE FOLLOWING DAY IN THE COUNCIL CHAMBER.

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.

City Council Agenda 09/23/2010 1


CITY COUNCIL AGENDA
1 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.

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.

City Council Agenda 09/23/2010 2


3 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.

4 City Operations Update

CONSENT AGENDA
5. Approving minutes for the Wednesday, September 08, 2010 work session.

6. Approving minutes for the Thursday, September 09, 2010 regular session.

7 Resolution -- Approving a Records Control Schedule for Animal Services


Documents
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Creation of an Animal Services control schedule, to be approved by the
Council, identifies the retention and disposition of records created and received by
Animal Services.
3. This schedule follows the Texas State Library and Archives Commission
requirements for retention with some exceptions where information is maintained
longer than required by law.
Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 3


8 Resolution -- Approving Amendment No. 3 to the Household Hazardous
Waste Interlocal Agreement Between the City of Irving and Dallas County
to Provide a Program in Which Residents Can Properly Dispose of
Household Chemicals
Administrative Comments
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. Impact: This contract provides an environmentally sound method to dispose of
household hazardous wastes such as pesticides, fertilizers, etc., thus ensuring the
proper disposition of these materials.
3. The City of Irving has served as a member of the Dallas County Household
Hazardous Waste Network since 1994. Irving has been the host to fourteen
chemical collection days.
4. The purpose of this program is to provide an opportunity for Irving residents to
properly dispose of household chemicals such as pool chemicals, pesticides,
herbicides, fertilizers, auto fluids, all kinds of batteries, light bulbs, paint and
household cleaners.
5. This interlocal agreement will provide service from October 1, 2010, through
September 30, 2011.
6. Funding in the amount of $110,000.00 is based on the history of usage in
FY 2009-2010 and is available in the Municipal Drainage Utility Fund.
Recommendation
The resolution be approved.

9 Resolution -- Approving the Renewal of the Managing Services Agreement


Between the City of Irving and Daily Grind Dba Java Me Up, to Provide
Coffee Services at Valley Ranch Library
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: The original contract called for JavaMeUp to make monthly payments of
$1,800.00 for a three year period. The first modification provided for a reduction to
$1,000.00 per month for the duration of the contract with annual reviews. This
modification expires on September 30, 2010.
3. The contract will be renewed for a period of 3 years at $1,000.00 per month
beginning October 1, 2010.
Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 4


10 Resolution -- Approving an Agreement Between the City of Irving and the
Greater Irving-Las Colinas Chamber of Commerce to Provide Annual
Funding for Economic Development Services for the City of Irving, Texas
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: This agreement reauthorizes annual funding for the Greater Irving-Las
Colinas Chamber of Commerce to promote economic development and business
growth through a series of highly effective strategies and programs.
3. The Greater Irving-Las Colinas Chamber of Commerce contracts with the City of
Irving to promote economic development and business growth through a series of
strategies and programs designed to increase the tax base, encourage high quality
job growth, promote the City of Irving both nationally and internationally, recruit,
retain and develop businesses, including small businesses and minority and women
owned businesses.
4. The results of these strategies are measured through a series of performance
measures to assure the City maximizes the value of the partnership. These results
are reported back to the City on a quarterly basis.
5. Funding in the amount of $1,675,000.00 is available in the Economic Development
Fund.
Recommendation
The resolution be approved.

11 Resolution -- Approving Second Amendment to the Non-Exclusive


Distribution Agreement Between the City of Irving and the North Texas
Tollway Authority
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This amendment continues NTTA defrayment of costs associated with
sales of toll tags by the City.
3. The City will receive $5.00 from NTTA for each toll tag sold by the City.
4. Sale of toll tags by the City encourages the use of the toll infrastructure within the
city and, due to quicker trip times on less congested toll roads, helps improve air
quality with the City and North Texas.
Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 5


12 Resolution -- Approving a Discretionary Service Agreement Between the
City of Irving and Oncor Electric Delivery Company, LLC, for Phase 1 -
Section 2 Undergrounding of Existing Aerial Utilities at Las Colinas
Boulevard and Fuller Drive
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,
No. 3: Economic Development, and No. 9: Infrastructure.
2. Impact: This project will provide for the undergrounding of existing aerial utilities at
Las Colinas Boulevard and Fuller Drive in Las Colinas. This will improve the visual
impression of the area, promote economic development and reduce the possibility
of power outages caused by inclement weather events.
3. This agreement includes the last of 3,100 linear feet of cable placed within
previously installed conduit.
4. This is part of Capital Improvement Program’s (CIP) strategic plan to underground
aerial utilities in front of all city owned facilities.
5. The Las Colinas Association (TLCA), our partner in utility undergrounding in the Las
Colinas area, will fund 35% of this agreement cost. TLCA will reimburse the city for
their share of the project cost after the work is completed.
6. Funding in the amount of $66,794.00 is available in the Non-Bond CIP Fund and
$124,046.00 is available in the Street Improvement Bond Fund for the total amount
of $190,840.00.
Recommendation
The resolution be approved.

13 Resolution -- Awarding a Contract to SKE Construction, LLC, for Water


Main Grouting and Sanitary Sewer Main Relocation in the Jaycee Park
Area for the SH 183 Soundwall Project
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This project will relocate 143 linear feet of sanitary sewer, and grout 2,914
linear feet of water main which will no longer be used by the Water Utilities
Department to make way for the SH 183 Sound Wall Project.
3. SKE Construction, LLC, submitted the lowest and best bid of $93,485.90 with a
project completion time of 30 calendar days. An additional $2,012.10 is required for
testing, bringing the total cost of the project to $95,500.00.
4. Minority- and/or Women-owned Business (M/WBE) participation in this award is
100%.
5. Funding in the amount of $95,500.00 is available in the Sanitary Sewer Bond Fund
and the Water Improvement Bond Fund.
Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 6


14 Resolution -- Approving Renewal of Agreement for Services Between the
City of Irving and Keep Irving Beautiful, Inc., for the Keep Irving Beautiful
Program
Administrative Comments
1. This item supports Strategic Goal No. 2: Nurture and Promote Vital, Vibrant
Neighborhoods and Goal No. 10: Environmentally Sustainable Community
2. Impact: This allows for Keep Irving Beautiful, Inc., to continue educational
programs with respect to litter abatement, solid waste handling materials, and
community beautification.
3. The contract facilitates the City’s compliance with its National Pollutant Discharge
Elimination System permit requirements and its standing as a community
recognized by Keep America Beautiful and Keep Texas Beautiful.
4. Funds can be used to reimburse expenditures incurred in the delivery of KIB Board
authorized programs.
5. Funding in the amount not to exceed $67,880.00 is available in the Municipal
Drainage Utility Fund.
Recommendation
The resolution be approved.

15 Resolution -- Adopting a Prevailing Wage Rate for Use on City


Construction Contracts
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: By adopting a prevailing wage rate for the construction of a public work, the
city will be in compliance with state law.
3. 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.
Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 7


16 Resolution -- Approving a Contractor for the Construction of the Irving
Entertainment Center at Las Colinas
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Confirms the selection of the general contractor for construction of the
Irving Entertainment Center at Las Colinas and complies with the terms of the
development agreement.
3. The Las Colinas Group has selected Balfour/Azteca a joint venture comprised of
Balfour Beatty Construction, LLC and Azteca Enterprises, Inc. as the general
contractor to construct the Irving Entertainment Center at Las Colinas.
4. The development agreement provides that the selection of the contractor is subject
to the city’s approval.
5. Beck, the city’s owner’s representative, participated in the contractor selection
process and recommends Balfour/Azteca as a qualified contractor. Staff concurs
with this recommendation.
6. Approval of the resolution does not commit funds for construction.
7. The M/WBE participation is 30%.
8. No funding is required.
Recommendation
The resolution be approved.

17 Resolution -- Approving a Sales Contract for the Acquisition of a Single-


Family Residence Located at 202 Larry Drive – Fabian Moreno Vasquez,
Property Owner
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: Acquisition of this property will provide flexibility to accommodate municipal
purposes.
3. The 2008, 2009 and 2010 tax assessed value of the property is $118,800.00,
$104,120.00, and $104,120.00, respectively. The property owner has agreed to sell
the property for $160,000.00, plus reimbursement of relocation costs not to exceed
$11,350.00, and plus closing costs not to exceed $6,000.00.
4. Funding in the amount of $177,350.00 is available in the current budget.
Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 8


18 Resolution -- Approving a Sales Contract for the Acquisition of a Single-
Family Residence Located at 210 Larry Drive – Arcadio and Patricia
Martinez, Property Owners
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: Acquisition of this property will provide flexibility to accommodate municipal
purposes.
3. The 2008, 2009 and 2010 tax assessed value of the property is $96,460.00,
$94,300.00, and $94,300.00, respectively. The property owner has agreed to sell
the property for $120,000.00, plus reimbursement of relocation costs not to exceed
$11,350.00, and closing costs not to exceed $6,000.00.
4. Funding in the amount of $137,350.00 is available in the current budget.
Recommendation
The resolution be approved.

19 Resolution -- Approving a Fee Agreement with Dean International, Inc., for


Assistance in Transportation and Infrastructure Services
Administrative Comments
1. This item supports Strategic Goals No. 3: Economic Development and No. 9:
Infrastructure Network
2. Impact: Approval of this fee agreement will allow for the continuance of public
policy and consulting expertise by Dean International, Inc., for transportation and
infrastructure related services including: strategy development, analysis, and real-
time reporting of key Irving projects/initiatives.
3. Additionally the contract provides for program development and administration and
support services for the Annual Transportation and Infrastructure Convention
(Washington D.C.) and the Annual Transportation and Infrastructure Summit.
4. Funding in the amount of $730,000 is available in the General Fund.
Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 9


20 Resolution -- Approving a Fee Agreement with Dean International, Inc., for
Assistance in Water Services
Administrative Comments
1. This item supports Strategic Goals No. 3: Economic Development and No. 9:
Infrastructure Network
2. Impact: Approval of this fee agreement will allow for the continuance of public
policy and consulting expertise by Dean International, Inc., for water related
services including: strategy development, analysis, and real-time reporting of key
Irving projects/initiatives.
3. Funding in the amount of $390,000 is available in the Water Systems Fund.
Recommendation
The resolution be approved.

21 Resolution -- Approving the Acceptance of a Grant from the Texas


Department of Housing and Community Affairs for the Fiscal Year 2010-11
Emergency Shelter Grant Program
Administrative Comments
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: Acceptance of this grant will provide emergency financial assistance for
individuals and families facing homelessness.
3. The City of Irving applied for this grant through the Texas Department of Housing
and Community Affairs (TDHCA) and was awarded $73,840.00 to administer the
Emergency Shelter Grant Program.
4. The City of Irving will expend $71,000.00 toward this grant, and the Texas
Department of Housing and Community Affairs will retain $2,840.00 for program
administration.
5. This action authorizes the acceptance of these awarded funds and authorizes the
Mayor to sign grant agreements and other necessary documents with TDHCA.

Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 10


22 Resolution -- Approving the Letter of Agreement Between the Irving Arts
Center and the Dallas Morning News to Provide In-Kind Advertising to
Promote Exhibitions, Performances, and Cultural Activities
Administrative Comments
1. This item supports Strategic Goal No. 7: Promote Excellence in Irving’s Cultural,
Recreational, and Educational Environments.
2. Impact: This agreement will provide the Irving Arts Center with $50,000 of in-kind
print advertising based on the Irving Arts Center’s commitment to purchase $50,000
of paid advertising from The Dallas Morning News. The in-kind print advertising will
be used to promote exhibitions, performances, and cultural activities in addition for
$8,100 in return services including event tickets and facility rental space.
Recommendation
The resolution be approved.

Bids and Purchasing Items


Items 23-24

23 Resolution -- Approving the Agreement Between the City of Irving and


Deer Oaks EAP Services, L.L.C., for Employee Assistance Program (EAP)
Utilizing Public Employee Benefits Alliance (PEBA) Agreement
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item is recommended by Financial Services – Employee Benefits.
3. Impact: This benefit program continues to provide family counseling services to
employees and supervisors, and is available for all full-time and part-time
employees and their dependents.
4. This program covers a wide range of work and home issues from everyday
concerns to more serious problems. It provides professional services, such as
substance abuse, anxiety disorder, grief, depression, and other mental health
counseling. In addition, topics are individually tailored to meet the needs of the
employer and employees.
5. The annual estimated amount will be $32,880.00 for this three-year contract, and
funding will be from the General Fund.
Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 11


24 Resolution -- Approving the Leases with Xerox for Replacement Copiers
Utilizing the State of Texas Cooperative Purchasing Program or The
Cooperative Purchasing Network (TCPN) Program
Administrative Comments
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
2. This item has been recommended by Information Services.
3. Impact: These leased replacement copiers will provide the City with more
technically advanced products at an estimated annual cost avoidance of
$64,927.20.
4. After an extensive evaluation process, Information Technology standardized the
City’s copiers by selecting Xerox as the manufacturer and establishing three models
as the City’s standard copier replacements. It is also recommended that the City
continue leasing copiers using a 48-month lease option to avoid upfront purchase
costs and recurring maintenance costs.
5. The City currently has 78 leased copiers of which 47 leases have expired or will be
expiring this upcoming fiscal year and 46 of these need replacement. The
remaining 31 copiers will be replaced with the standard units using the best pricing
available through either the State of Texas or TCPN purchasing programs as their
leases expire.
6. Information Technology and Xerox worked closely with individual departments to
determine each department’s specific needs and selected the appropriate options
that best fit those needs.
7 All replacement units will have the Image Overwrite Security package option to
ensure the integrity of sensitive data.
8. The City also participates in Xerox’s Recycling program for returning/recycling used
toner and print cartridges.
9. The annual estimated amount will be $157,378.20 for the 48-month leases, and
funding will be from various funds.
Recommendation
The resolution be approved.

End of Bids

City Council Agenda 09/23/2010 12


25 Ordinance -- Final Reading - Amending Chapter 52 Entitled “Water and
Sewer Rates” of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Revenue projections under current rates are not sufficient to meet
debt coverage requirement goals. In order to provide for the operational
needs of the water and sewer system and meet commitments made to rating
agencies, staff recommends a 5.1% adjustment to both water and sewer
rates.
3. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
4. A fee of $2.25 is recommended to cover the cost of service for the providing
duplicate municipal services bill statements.
Recommendation
The ordinance be adopted

City Council Agenda 09/23/2010 13


26 Ordinance -- Final Reading - Approving an Agreement Between the Atmos
Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division
Regarding the Company’s Rate Review Mechanism Filing, Steel Pipeline
Replacement Program, and Continuation of the Rate Review Mechanism
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Approval of the ordinance will implement a negotiated settlement with
Atmos Energy Corp.
3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a
settlement addressing the Company's third Rate Review Mechanism (RRM) filing.
4. After review of the ACSC settlement team, it was determined that the evidence
supported a $27 million increase over current rates, and not the $70.2 million
proposed by the Company.
5. The outcome of this settlement is equal to or better than the outcome expected from
a lengthy contested case proceeding, and maintains cities' role as a regulator of
natural gas rates.
6. Ordinance approval also includes an additional authorized $3.4 million for
replacement costs of steel pipelines throughout the Atmos service area.
7. The monthly bill impact for the average residential customer will be a $1.40
increase (about a 3.15% increase in the total bill).
8. Approval of the ordinance would continue the RRM process for another two
years. This is the second of three required readings.
Recommendation
The ordinance be adopted.

City Council Agenda 09/23/2010 14


ZONING CASES AND COMPANION ITEMS
27 Resolution -- Approving Special Sign Permit Case No. S1009-0010 to Allow
a Digital Sign - Property Located at 100 W. Oakdale Road - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for Nimitz High School at 100 W. Oakdale Road. The existing
marquee sign will be removed.
4. The proposed monument sign is 6.2 feet tall and 14.1 feet wide, with a 3.3’ X 9.5’
(31.35 sq. ft.) electronic message sign, and will be set back approximately 15 feet
from the curb line on Oakdale. The sign cabinet will be constructed of a masonry
body with columns and top caps. Overall, the cabinet’s design complements the
architecture of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.
Recommendation
The resolution be approved.

28 Resolution -- Approving Special Sign Permit Case No. S1009-0016 to Allow


a Digital Sign - Property Located at 4601 N. MacArthur Boulevard - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for the Jack E. Singley Academy at 4601 N. MacArthur Blvd.
The existing marquee sign will be removed.
4. The proposed monument sign is 6.2’ tall and 13.7’ wide, with a 2.7.5’ X 8.8’ (24.2 sq.
ft.) electronic message sign, and will be set back approximately 10 feet from the
curb line on North MacArthur Blvd. The sign cabinet will be constructed of a
masonry body with columns and top caps. Overall, the cabinet’s design
complements the architecture of the main building.

City Council Agenda 09/23/2010 15


5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.

Recommendation
The resolution be approved.

29 Resolution -- Approving Special Sign Permit Case No. S1008-0025 to Allow


a Digital Sign - Property Located at 101 E. Union Bower Road - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for the Barbara Cardwell Career Preparatory Center at 101 E.
Union Bower Road.
4. The proposed monument sign is 6.2 feet tall and 14.1 feet wide, with a 3.3’ X 8.6’
(28.38 sq. ft.) electronic message sign, and will be set back approximately 20 feet
from the curb line on Union Bower. The sign cabinet will be constructed with a
masonry body with columns and top caps. Overall, the cabinet’s design
complements the architecture of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.

Recommendation
The resolution be approved.

City Council Agenda 09/23/2010 16


30 Resolution -- Approving Special Sign Permit Case No. S1008-0026 to Allow
a Digital Sign - Property Located at 900 N. O’Connor Road - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for Irving High School at 900 N. O’Connor Road. The existing
marquee sign will be removed.
4. The proposed monument sign is 6.8’ tall and 14.1’ wide, with a 3.3’ X 9.5’ (30 sq. ft.)
electronic message sign, and will be set back approximately 21 feet from the curb
line on O’Connor. The sign cabinet will be constructed of a masonry body with
columns and top caps. Overall, the cabinet’s design complements the architecture
of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.
Recommendation
The resolution be approved.

31 Resolution -- Approving Special Sign Permit Case No. S1008-0027 to Allow


a Digital Sign - Property Located at 3700 N. MacArthur Boulevard - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for MacArthur High School at 3700 N. MacArthur Blvd. The
existing marquee sign will be removed.
4. The proposed monument sign is 6.2 feet tall and 12.3 feet wide, with a 3.3’ X 9.4’
(31.02 sq. ft.) electronic message sign, and will be set back approximately 36 feet
from the curb line on North MacArthur Blvd. The sign cabinet will be constructed of
a masonry body with columns and top caps. Overall, the cabinet’s design
complements the architecture of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.

City Council Agenda 09/23/2010 17


6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.

Recommendation
The resolution be approved.

32 Ordinance -- Zoning Case #ZC10-0018 - Granting S-P-2 (Generalized Site


Plan) for C-O (Commercial Office) and Parking Uses - Approximately 4.7
Acres Located at the Northwest Corner of Riverside Drive and Teleport
Boulevard - Riverside Commons Holdings, LLC, Applicant - One Realco
Land Holdings, Inc., Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation:
September 7, 2010 - Favorable 8-0 (Commissioner Foust, absent).
3. The Comprehensive Plan recommends Mixed Use uses for this property. The
proposed uses are in conformance with the Comprehensive Plan.
4. The subject property is currently undeveloped. The applicant is seeking to build a
306-space surface parking lot in “Phase 1” to exclusively serve the overflow parking
needs for Research In Motion (“RIM”) located at 5000 – 5040 Riverside Drive,
immediately south of the subject property. Construction of a building on site for C-O
(Commercial Office) uses is permitted in Phase 1, provided that parking for the new
building be on site and only the “remainder” parking could be used by the RIM
facility.
5. The applicant is also seeking approval of a “Phase 2” site plan that includes a
parking garage and potentially a future office building. The parking garage may also
be used by the RIM facility, but must also accommodate the parking for any new
building constructed on the site.
6. The Phase 2 parking garage may be as tall as eight (8) stories and contain up to
1100 parking spaces. If the parking garage is initially constructed at less than the
maximum height or parking spaces, the garage shall be designed to accommodate
future expansion up to the maximum height or parking count in order to
accommodate future office construction on the site while maintaining an adequate
supply of parking for the RIM facility.
7. The parking garage must have exterior façades that provide an “aesthetically
pleasing” front that is architecturally similar to an office façade facing Riverside
Drive and Teleport Blvd., which is the location of the future DART Orange Line.
8. All surface parking shall be removed upon completion of the parking garage.

City Council Agenda 09/23/2010 18


9. The site plan includes a special provision that allows staff authority to approve
minor modifications to building materials, location of building articulation, and
landscaping, and may request additional building design features and landscaping
to offset reduced landscaping and articulation at areas that do not face Riverside
Drive or Teleport Blvd. This will allow the applicant to design the parking garage at
a future date in accordance with the standards that are in place at that time without
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.

33 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 (Postponed from
September 9, 2010 City Council Meeting)
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation:
August 2, 2010 - Favorable 5-2 with the stipulation that the site plan be corrected
per the staff recommendation (Commissioners Allen and Fischer, nay;
Commissioners Palmer and LaRose, absent).
3. The applicant is requesting to rezone the property to redevelop the site with six (6)
new single family homes.
4. The Comprehensive Plan recommends Low Density Residential uses for this
property. This request is in conformance it the Comprehensive Plan.

City Council Agenda 09/23/2010 19


5. 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.
6. This property is currently zoned R-7.5 which would typically allow 7500 sq. ft. lots.
Prior to last year, this property could have been platted as proposed by the
applicant without the need for a public 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 the
adjacent developed lots or tracts. This provides an opportunity for neighborhood
input and City Council discretion when these infill development opportunities occur.
7. The applicant is proposing lot sizes ranging from 9,084 square feet to 12,059
square feet, with an average lot size of 10,154 sq. ft. The surrounding lots and
tracts range from 9,900 to 38,715 square feet. Since the average proposed lot size
is less than 80% of the average lot size of the existing adjacent lots as defined by
the ordinance, rezoning is required prior to platting the property.
8. The notes on the site plan require the following standards:
• The minimum house size shall be 2,200 square feet, which is consistent with the
average home size of the surrounding lots;
• Exterior facades, excluding windows and doors, shall be a minimum of 80%
masonry;
• A minimum two (2) car garage with a minimum of 400 square feet will be
required for each residence. A minimum of 2 additional off-street parking spaces
shall be provided behind the front property line;
• 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.

9. Platting is required prior to development.


10. Since the proposed lot sizes are consistent with the sizes of the surrounding platted
lots, and the proposed minimum house size is consistent with the average size of
homes in the surrounding area, staff can support this request.
11. The stipulation of the Commission has been met.
12. Public notices were sent to thirty-nine (39) property owners, with 25 letters and a
petition with 19 signatures in support, and 112 letters and 9 emails in opposition
received. The opposition represents 57.12% of the property within 200 feet. A ¾
vote of the City Council is required for this case to be approved.

Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

City Council Agenda 09/23/2010 20


34 Ordinance -- Zoning Case #ZC10-0032 - Granting S-P-2 (Generalized Site
Plan) for P-O (Professional Office) and Training School Uses -
Approximately 7.7 Acres Located at 400 East Airport Freeway - JDJR
Engineers and Consultants, Inc., Applicant - Ford Leasing Development
Company, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation:
September 7, 2010 – Favorable 8-0, with the stipulation that the site plan be revised
per the staff recommendations (Commissioner Foust, absent).
3. The applicant is requesting rezoning to allow an aircraft maintenance training
school.
4. The property is currently developed with an existing one-story 35,487 square foot
metal and masonry main building and a one-story 6,040 square foot metal
secondary building. The applicant is proposing to use the existing buildings as a
training facility for aircraft maintenance.
5. The applicant has provided a letter detailing the studies and curriculum that the
Aviation Institute of Maintenance (AIM) provides and an explanation of the type of
testing to be performed at the site as a part of the “hands-on-training” and non-
classroom work.
6. The applicant’s proposed concept plan shows a 3,276 square foot addition to the
existing 35,487 square foot metal and masonry building to match the existing
structure. Notes on the plan stipulate that the main building shall meet Commercial
Building Design Standards (Sec. 52-35c of the zoning ordinance) if the building is
expanded beyond 42,600 square feet, or if more than 50% of the square footage of
the building is destroyed. These stipulations also apply to the secondary building if
expanded beyond 7,250 square feet or if more than 50% of the square footage of
the building is destroyed. All new buildings must meet the requirements of Sec. 52-
35c.
7. Notes on the plan also limit the location and type of outside testing of aircraft and
aircraft components.
8. The applicant is proposing additional landscaping of 57 large trees, 14 ornamental
trees, 160 screening shrubs, Bermuda grass and a planter bed to meet the current
ordinance standards.
9. All other requirements of the P-O district will be met.
10. The stipulation of the Planning and Zoning Commission has been met.
11. Public notices were sent to sixteen (16) property owners, with two (2) letters in
support and none in opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

City Council Agenda 09/23/2010 21


APPOINTMENTS AND REPORTS
35 Mayor’s Report

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.

City Council Agenda 09/23/2010 22


1

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3568


Recommending Department: Budget & Compensation LSR No:

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
• .

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/7/2010 09:19 AM by Shelle Womack
Last Updated: 9/14/2010 11:11 AM by Belinda Rowlett

Packet Pg. 23
1

ORDINANCE NO. (ID # 3568)

AN ORDINANCE APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF


IRVING, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING
SEPTEMBER 30, 2011; PROVIDING FOR ADOPTION OF THE 2010-2011 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; AND
PROVIDING FOR THE ADMINISTRATION OF THE BUDGET.

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;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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.

-1-
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1

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-
Packet Pg. 25
2

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3569


Recommending Department: Budget & Compensation LSR No:

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

CURRENT YEAR FINANCIAL IMPACT:


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

Packet Pg. 26
2

ORDINANCE NO. (ID # 3569)

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;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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
-1-
Packet Pg. 27
2

City Attorney

-2-
Packet Pg. 28
3

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3586


Recommending Department: Budget & Compensation LSR No: N/A

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
• .

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/13/2010 09:27 AM by Shelle Womack
Last Updated: 9/15/2010 09:23 AM by Shelle Womack

Packet Pg. 29
3

ORDINANCE NO. (ID # 3586)

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;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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

-1-
Packet Pg. 30
5

WORK SESSION MEETING OF THE IRVING CITY COUNCIL


MEETING MINUTES
September 8, 2010

The Irving City Council met in work session September 8, 2010. The following members were
present/absent:

Attendee Name Organization Title Status Arrived


Herbert Gears Irving City Council Mayor Present
Allan Meagher Irving City Council Councilman Absent
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Absent

Minutes Acceptance: Minutes of Sep 8, 2010 11:00 AM (CONSENT AGENDA)


Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present

DISCUSSION TOPIC

1 Introduction of City Council Cycle Participants


Misty Rios, Executive Assistant, introduced the following City Council Cycle
participants:
Melony Branham, Senior Programming Analyst
Tri Le, Budget Analyst

2 Review of Regular Agenda


2 City Operations Update
There was no operations update at today’s meeting.
29 Resolution -- Approving Amendments to the The Irving Arts Center’s Operational
Policies, Food and Beverage Section, and Approving the IAC Catering
Agreement to be Used by Caterers who Want to be Included on a Preferred
Catering List.
Mayor Gears requested that this item be pulled from the agenda so it can be
discussed at the Audit and Finance Committee level as well as have the full
Council present for discussion.
36 Ordinance -- Amending Chapter 24 Entitled "Offenses - Miscellaneous" of the
Code of Civil and Criminal Ordinances of the City of Irving Adding Article VIII.
Illegal Smoking Products to Prohibit the Use, Purchase, Possession, and Sale of
Illegal Smoking Products Containing Certain Plant, Plant Products or
Derivatives, Chemical Compounds Applied to Plants, and Plant Products and
Their Derivative or Other Substances, and Ingestion Devices Used in
Connection with the Illegal Smoking Products
David Coulon, Police Captain, presented a power point presentation on K2 and
SALVIA in order to educate the council on the adverse effects of these two
drugs and the danger they pose to children.

Packet Pg. 31
5

City Council Work Session


September 8, 2010

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

Minutes Acceptance: Minutes of Sep 8, 2010 11:00 AM (CONSENT AGENDA)


Kenneth Bloom, Chief Planner, presented the applicant’s request to redevelop
the large property to six single family homes. Mr. Bloom described the
applicant’s development plan, noting that the proposed plan is consistent with
surrounding lots and staff supports the applicant’s request. He confirmed that
due to 57% of neighboring properties opposing this case a three-fourths vote of
the City Council is required for this case to be approved.
Council had several questions regarding the proposed plan’s feasibility and its
impact on the neighborhood.

Council recessed at approximately 12:20 p.m.


Council reconvened at approximately 1:17 p.m.

3 Litter Abatement and Corridor Maintenance Program Update


Chris Michalski, Parks & Libraries Director, presented the litter abatement and corridor
maintenance program which is intended to focus on enhancing the visual image of the
community, enhancing the appearance of major corridors and abating litter on major
corridors. He noted that staff will also focus on increasing education and litter
awareness programming, expanding the partnership between Parks and Code
Enforcement, and continuing to improve mowing and trimming operations on
MacArthur Blvd, Beltline Road and SH 356.

4 Innovative Capital Improvement Delivery Methods


Steve Metzler, Senior Civil Engineer presented the innovative project delivery methods
that have been standardized for effectiveness. These processes have been
implemented to shorten project completion dates and minimize traffic impact as well as
maximize an improved culture for finishing out projects effectively.

5 Serving Irving--Community Services Update


Chris Michalski, Parks & Libraries Director, presented community services that serve
Irving which include citywide programs and activities, cultural activities, activities for
special needs, and activities for seniors and youth.

2
Packet Pg. 32
5

City Council Work Session


September 8, 2010

EXECUTIVE SESSION
Council convened into executive session pursuant to Section 551.071 of the Texas Local
Government Code at approximately 2:10 p.m.

6 Real Property - Discussion Relating to New Libraries


Texas Open Meetings Act § 551.072

Council reconvened from executive session at approximately 2:35 p.m.

Minutes Acceptance: Minutes of Sep 8, 2010 11:00 AM (CONSENT AGENDA)


Council adjourned at 2:35 p.m.

___________________________
Herbert A. Gears, Mayor

ATTEST:

______________________
Shanae Jennings, TRMC
City Secretary

3
Packet Pg. 33
6

REGULAR MEETING OF THE IRVING CITY COUNCIL


MEETING MINUTES
September 9, 2010

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:

Attendee Name Organization Title Status Arrived


Herbert Gears Irving City Council Mayor Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Absent
Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

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

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

There were no proclamations at tonight’s meeting.


.
CITY COUNCIL AGENDA

1 Public Hearing -- Public Input Hearing on the 2010-11 City of Irving Fiscal Year
Budget

Mayor Gears opened the public hearing at approximately 7:17 p.m.

Packet Pg. 34
6

City Council Meeting


September 09, 2010
The following individuals signed up to speak:

Naya Pope, 305 N. O’Connor Road, Irving, TX


Barbara Hull, 400 Lavida Court, Irving, TX
James Embry, 4027 N. Belt Line Road, #2314, Irving, TX
Manny Benavidez, 2708 Meadow Glen, Irving, TX
Don Van Slyke, 2617 Castle, Irving, TX
Sharon Barbosa-Crain, 2608 Alan-a-Dale, Irving,TX
Lucia Rottenberg, 2220 Indian Creek Drive, Irving, TX

The following individuals signed up in opposition of this item but did not wish to

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


speak:

Sigrid G. Canto, 1530 Meyers Road, Irving, TX


Oswald Canto, 1530 Meyers Road, Irving, TX

Mayor Gears closed the public hearing at approximately 7:52 p.m.

2 City Operations Update

Jason Carriere, Assistant Emergency Management Coordinator, presented an


update on the flooding that occurred yesterday and how the city, including police,
fire and emergency operations responded to the high water and flooding.

City Manager Tommy Gonzalez presented the video for the city operations
update.

CONSENT AGENDA

Motioned by Councilman Stopfer, seconded by Councilman Patrick to approve consent


agenda items 3-38 and pull item 29 from the consent agenda.

Motion approved 8-0.

3 Approving Minutes for Wednesday, August 04, 2010

4 Approving Minutes for Thursday, August 05, 2010

5 Approving Minutes for Thursday, August 19, 2010

6 Approving Minutes for Wednesday, August 25, 2010

2
Packet Pg. 35
6

City Council Meeting


September 09, 2010
7 Resolution No. RES-2010-237 -- Authorizing Reimbursement Payment in the
Amount of $196,388.15 to Hines Las Colinas Land Limited Partnership
(Hines) for Capital Infrastructure Improvements Within the La Villita
Development of Tax Increment Reinvestment Zone No. One

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

8 Resolution No. RES-2010-238 -- Authorizing Reimbursement Payment in the


Amount of $877,608.48 to Hines Las Colinas Land Limited Partnership
(Hines) for Capital Infrastructure Improvements Within the TIF District

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

9 Resolution No. RES-2010-239 -- Authorizing Reimbursement Payment in the


Amount of $173,791.01 to LPC Northwest Phase I, LP (Lincoln) for Capital
Infrastructure Improvements Within the Lincoln at Las Colinas
Development of Tax Reinvestment Zone No. One

3
Packet Pg. 36
6

City Council Meeting


September 09, 2010

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

10 Resolution No. RES-2010-240 -- Authorizing Reimbursement Payment in the

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


Amount of $201,801.01 to Las Colinas Land Limited Partnership (LCLLP)
for Capital Infrastructure Improvements Within the Tax Increment
Reinvestment Zone No. One.

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

11 Resolution No. RES-2010-241 -- Authorizing Reimbursement Payment in the


Amount of $2,450,411.34 to the City of Irving for Capital Infrastructure
Improvements Within PDU 1, PDU 2, PDU 3, and SS1 of the Tax Increment
Reinvestment Zone No. One

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

12 Resolution No. RES-2010-242 -- Approving an Economic Incentive


Agreement Between the City of Irving and Health Management Systems,
Inc.

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RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


13 Resolution No. RES-2010-243 -- Approving a Discretionary Service
Agreement Between the City of Irving and Oncor Electric Delivery
Company, LLC, for the Undergrounding of Overhead Electric Facilities for
West Irving Library

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

14 Resolution No. RES-2010-244 -- Approving a Discretionary Service


Agreement Between the City of Irving and Oncor Electric Delivery
Company, LLC, for Phase 1 Undergrounding of Existing Aerial Utilities at
Various Locations in Las Colinas (Spur 348 Crossing)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

15 Resolution No. RES-2010-245 -- Awarding a Contract to S.J. Louis


Construction of Texas, LTD., for Delaware Creek Sanitary Sewer Interceptor
Project

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September 09, 2010

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


16 Resolution No. RES-2010-246 -- Awarding a Contract to Murphy Pipeline
Contractors, Inc., for 2009 Water Main Replacement Section II and Milner
Road Sanitary Sewer Rehabilitation Project

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

17 Resolution No. RES-2010-247 -- Awarding a Contract to Insituform


Technologies, Inc., for the Trenchless Rehabilitation of Two Water Mains

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

18 Resolution No. RES-2010-248 -- Approving a Sales Contract for the


Acquisition of a Single-Family Residence Located at 206 Larry Drive -
Rodrigo and Yolanda Ortiz, Property Owners

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September 09, 2010

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

19 Resolution No. RES-2010-249 -- Approving an “Add Space and Lease

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


Renewal Amendment” with the State of Texas (Texas Department of Human
Services) to Lease an Additional 3,585 Square Feet and Extend the Existing
Lease for an Additional Five Years for Offices Located in the City’s Human
Services Building Located at 440 South Nursery Road

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

20 Resolution No. RES-2010-250 -- Approving an Agreement Between the City


of Irving and Trinity River Authority to Provide Water and Wastewater
Laboratory Analysis Services to Meet Federal and State Standards for the
City of Irving, Texas

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

21 Resolution No. RES-2010-251 -- Authorizing Staff to Negotiate an


Engineering Services Agreement with Deltatek Engineering for Services

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Associated with the Rehabilitation of Tank No. 4 at the Hackberry Pump
Station and the Northwest Elevated Storage Tank

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


ABSENT: Joe Philipp

22 Resolution No. RES-2010-252 -- Approving and Accepting the Bid of AUI


Contractors, LLC for the Improvements to the Hackberry Pump Station

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

23 Resolution No. RES-2010-253 -- Approving Change Order No. 4 to Eagle


Contracting, L.P. for the MacArthur Pump Station

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

24 Resolution No. RES-2010-254 -- Approving and Accepting the Proposal of


Verizon Business Network Services Inc., on Behalf of Verizon Select
Services Inc., for the Technology Infrastructure for the Irving Convention
Center

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September 09, 2010

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


25 Resolution No. RES-2010-255 -- Approving and Accepting the Bids of
Olmsted-Kirk Equipment & Supply; Pollock Paper Distributors; Tennant
Sales & Service Company; and Unisource Worldwide Inc., for
Housekeeping Equipment for the Irving Convention Center

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

26 Resolution No. RES-2010-256 -- Approving and Accepting the Bid of H & E


Equipment Services for a 60-Foot Boom Lift for the Irving Convention
Center

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

27 Resolution No. RES-2010-257 -- Award of Homelessness Prevention and


Rapid Re-Housing Program - State Subrecipient Contract to Legal Aid of
Northwest Texas

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September 09, 2010

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


28 Resolution No. RES-2010-258 -- Approval of the Irving Arts Center’s
Founders Fund Financial Assistance Program Grant Agreement

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

29 Resolution No. RES-2010-259 -- Approving Amendments to the The Irving


Arts Center’s Operational Policies, Food and Beverage Section, and
Approving the IAC Catering Agreement to be Used by Caterers who Want
to be Included on a Preferred Catering List.

This item was pulled and referred to the Audit and Finance Committee for further
discussion.

RESULT: WITHDRAWN NO VOTE

30 Resolution No. RES-2010-260 -- Approving Purchase Utilizing Grant Funds


from Smiths Detection for Haz-Mat Equipment for the Irving Fire
Department through General Services Administration (GSA) Program

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September 09, 2010

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

31 Resolution No. RES-2010-261 -- Approving the Single Source Purchase from

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


Physio-Control, Inc., for LifePak 15 Defibrillator Units

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

32 Resolution No. RES-2010-262 -- Renewing Annual Agreement with The


University of Texas Southwestern Medical Center at Dallas for Continuing
Education Services for Emergency Medical Technicians (EMTs) and
Paramedics

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

33 Resolution No. RES-2010-263 -- Renewing an Interlocal Agreement with


Dallas County Health and Human Services for Control of Communicable
Disease Services

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September 09, 2010

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

34 Resolution No. RES-2010-264 -- Renewing Annual Contract with The

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


University of Texas Southwestern Medical Center at Dallas for Medical
Direction and Quality Assurance Services for Emergency Medical
Technicians (EMTs) and Paramedics

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

35 Resolution No. RES-2010-265 -- Renewing Annual Contract with Dyna Pak


Corporation for Polyethylene Refuse and Recycling Bags

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

36 Ordinance No. ORD-2010-9204 -- Amending Chapter 24 Entitled "Offenses -


Miscellaneous" of the Code of Civil and Criminal Ordinances of the City of
Irving Adding Article VIII. Illegal Smoking Products to Prohibit the Use,
Purchase, Possession, and Sale of Illegal Smoking Products Containing
Certain Plant, Plant Products or Derivatives, Chemical Compounds Applied
to Plants, and Plant Products and Their Derivative or Other Substances,

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September 09, 2010
and Ingestion Devices Used in Connection with the Illegal Smoking
Products

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


ABSENT: Joe Philipp

37 Ordinance No. ORD-2010-9205 -- First Reading - Amending Chapter 52


Entitled “Water and Sewer Rates” of the Code of Civil and Criminal
Ordinances of the City of Irving, Texas, Providing for New Monthly Water
and Sewer Rates

RESULT: FIRST READING [UNANIMOUS]


Next: 9/23/2010 7:00 PM
MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

38 Ordinance No. ORD-2010-9206 – First Reading - Approving an Agreement


Between the Atmos Cities Steering Committee and Atmos Energy Corp.,
Mid-Tex Division Regarding the Company’s Rate Review Mechanism Filing,
Steel Pipeline Replacement Program, and Continuation of the Rate Review
Mechanism

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City Council Meeting


September 09, 2010

RESULT: FIRST READING [UNANIMOUS]


Next: 9/23/2010 7:00 PM
MOVER: Rick Stopfer, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


ZONING CASES AND COMPANION ITEMS

39 Resolution No. RES-2010-266 -- 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

Mayor Gears opened the public hearing at approximately 8:02 p.m.

No one elected to speak at tonight’s public hearing.

Mayor Gears closed the public hearing at approximately 8:03 p.m.

Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday to


approve special sign permit case no. S1007-0074 to allow two digital signs at
7660 N. MacArthur Boulevard - North Dallas Bank & Trust Co., applicant/owner.

Motion approved 8-0.

RESULT: ADOPTED [UNANIMOUS]


MOVER: Roy Santoscoy, Councilman
SECONDER: Rose Cannaday, Councilwoman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

40 Ordinance No. ORD-2010-9207 -- 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

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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September 09, 2010
the proposed development includes a cul-de-sac for safety reasons and that the
requirement is to zone for a minimum of 7,500 square foot lots, which they will
do. He feels this development is compatible with this neighborhood. The vast
majority of homes range in value from $125,000 - $200,000, with only three of
those homes being valued above $125,000.

The following individuals signed up to speak in favor of this item:


Robert Bogart, 1501 Daywood Lane, Irving, TX
Cliff Evans, 1524 Daywood Lane, Irving, TX
Helen Evans, 1524 Daywood Lane, Irving, TX
Carole Bogart, 1501 Daywood Lane, Irving, TX

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


Heather Cawthon, 1413 Daywood Lane, Irving, TX
Sean Cawthon, 1413 Daywood Lane, Irving, TX
Fran Bonilla, 401 E. 7th Street, Irving, TX
Frank Sinclair, 1517 Daywood Lane, Irving, TX

The following individuals signed up to speak in opposition of this item:


Gary W. Burkhart, 1421 Drexel Drive, Irving, TX
Linda Bodwell, 1411 Vance Drive, Irving, TX
Ray Muzyxa, 1318 E. Union Bower, Irving, TX
Bob Bodwell, 1411 Vance Drive, Irving, TX
Ross Owen, 1225 E. Union Bower, Irving, TX
Randy Necessary, 1518 E. Union Bower, Irving, TX
Catherine Gant, 1426 Vance Drive, Irving, TX
Dorothy M. Owen, 1225 E. Union Bower, Irving, TX

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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Mayor Gears closed the public hearing at approximately 9:55 p.m.

Motioned by Councilwoman Cannaday, seconded by Councilman Patrick to


postpone this item to the September 23, 2010 council meeting.

Motion approved 8-0.

RESULT: POSTPONED [UNANIMOUS]


Next: 9/23/2010 7:00 PM

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


MOVER: Rose Cannaday, Councilwoman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

APPOINTMENTS AND REPORTS

41 Resolution No. RES-2010-267 -- Appointment to the Convention Center


Community Opening Events Task Force

Motioned by Councilwoman Cannaday, seconded by Councilman Patrick to


appoint Sam Smith to the Convention Center Community Opening Events Task
Force to a term expiring March 2011.

Motion approved 8-0.

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rose Cannaday, Councilwoman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp

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42 Mayor’s Report

The Mayor had no report at tonight’s meeting.

43 Adjournment

Mayor Gears adjourned the meeting at approximately 10:13 p.m.

Citizens’ Forum

Minutes Acceptance: Minutes of Sep 9, 2010 7:00 PM (CONSENT AGENDA)


Emmanuel Lewis, 1909 Anderson Street, Irving, TX - Mr. Lewis spoke about the great
improvements in the Arts District Neighborhood Association and wanted to give praise
and talk about the future vision of that area.

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:

Shanae Jennings, TRMC


City Secretary

17
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AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3581


Recommending Department: City Secretary’s Office LSR No: 11414

Resolution -- Approving a Records Control Schedule for Animal Services


Documents
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Creation of an Animal Services control schedule, to be approved by the
Council, identifies the retention and disposition of records created and received by
Animal Services.
3. This schedule follows the Texas State Library and Archives Commission
requirements for retention with some exceptions where information is maintained
longer than required by law.
Recommendation
The resolution be approved.

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.

On January 14, 2010, Council adopted an ordinance approving the development of


departmental record control schedules. Individualized schedules better assist departments
with retention compliance and records management. This ordinance has been provided.

This resolution will be the second schedule to be approved this year.

ATTACHMENTS:
AS Control Schedule (PDF)
Ord 2010-9150 (PDF)

CURRENT YEAR FINANCIAL IMPACT:


None

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

COUNCIL RESOLUTION NO. (ID # 3581)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached Records Control Schedule for
the Animal Services Department of the 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

'RDINANCE NO. ORD-2010-9150 e


AN ORDINANCE AMENDING ARTICLE V, RECORDS MANAGEMENT, OF CHAPTER 2
"ADMINISTRATION' OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE
CITY OF IRVING, TEXAS; PROVIDING FOR RECORDS CONTROL SCHEDULES,
IMPLEMENTATION OF SAID SCHEDULES, AND DESTRUCTION OF RECORDS UNDER
SAID SCHEDULES; ADOPTING A GENERAL RECORDS CONTROL SCHEDULE; AND
PROVIDING A SEVERABILITY CLAUSE.

WHEREAS, the City of Irving desires to create a General Records Control Schedule for records
that are common to all departments ofthe city; and

Attachment: Ord 2010-9150 (3581 : 02 RM Records Control Schedule Animal Service)


WHEREAS, the General Records Control Schedule has been presented to management and
each department for review and comment; and

WHEREAS, this process will streamline the management of records on the attached General
Records Control Schedule;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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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7.b

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

Attachment: Ord 2010-9150 (3581 : 02 RM Records Control Schedule Animal Service)


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 city and the
records management program of the city.

(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.

-2-
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7.b

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.

Attachment: Ord 2010-9150 (3581 : 02 RM Records Control Schedule Animal Service)


~ASTO
Charles R. Anders n
City Attorney

-3-
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AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3565


Recommending Department: Solid Waste Services LSR No: 11350

Resolution -- Approving Amendment No. 3 to the Household Hazardous


Waste Interlocal Agreement Between the City of Irving and Dallas County
to Provide a Program in Which Residents Can Properly Dispose of
Household Chemicals
Administrative Comments
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. Impact: This contract provides an environmentally sound method to dispose of
household hazardous wastes such as pesticides, fertilizers, etc., thus ensuring the
proper disposition of these materials.
3. The City of Irving has served as a member of the Dallas County Household
Hazardous Waste Network since 1994. Irving has been the host to fourteen
chemical collection days.
4. The purpose of this program is to provide an opportunity for Irving residents to
properly dispose of household chemicals such as pool chemicals, pesticides,
herbicides, fertilizers, auto fluids, all kinds of batteries, light bulbs, paint and
household cleaners.
5. This interlocal agreement will provide service from October 1, 2010, through
September 30, 2011.
6. Funding in the amount of $110,000.00 is based on the history of usage in
FY 2009-2010 and is available in the Municipal Drainage Utility Fund.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


5041-4110-564804-1150 Budget: $110,000.00 Actual: $110,000.00
Budget Adjustment/Transfer Required: No

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

COUNCIL RESOLUTION NO. (ID # 3565)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached Amendment No. 3 to the
Household Hazardous Waste Interlocal Agreement between the City of Irving and the
County of Dallas which provides for the City’s participation in the Household
Hazardous Waste Network to coordinate the planning and implementation of a
hazardous waste collection system from October 1, 2010, through September 30,
2011, in the amount of $110,000.00, and the Mayor is authorized to execute said
agreement.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
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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Attachment: Amendment No. 3 - 2010 (3565 : 6 Interlocal Agr, W/Dallas Co., Hazardous Waste)
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AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3579


Recommending Department: Library LSR No:

Resolution -- Approving the Renewal of the Managing Services Agreement


Between the City of Irving and Daily Grind Dba Java Me Up, to Provide
Coffee Services at Valley Ranch Library
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: The original contract called for JavaMeUp to make monthly payments of
$1,800.00 for a three year period. The first modification provided for a reduction to
$1,000.00 per month for the duration of the contract with annual reviews. This
modification expires on September 30, 2010.
3. The contract will be renewed for a period of 3 years at $1,000.00 per month
beginning October 1, 2010.
Recommendation
The resolution be approved.

ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By:
Previous Action: No. 9-20-07-369 Council Action:
.

ATTACHMENTS:
Java Me Up Contract (PDF)

CURRENT YEAR FINANCIAL IMPACT:


No current year financial impact. Revenue will remain the same at $12,000.00 per year.

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

COUNCIL RESOLUTION NO. (ID # 3579)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves a renewal to Amendment No. 1 of the
Agreement for Valley Ranch Library Coffee Services, between the City of Irving and
Daily Grind Coffee Co., LLC d/b/a JavaMeUp, and authorizes the Mayor to execute
said Amendment.

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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AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3582


Recommending Department: Financial Services LSR No: 11412

Resolution -- Approving an Agreement Between the City of Irving and the


Greater Irving-Las Colinas Chamber of Commerce to Provide Annual
Funding for Economic Development Services for the City of Irving, Texas
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: This agreement reauthorizes annual funding for the Greater Irving-Las
Colinas Chamber of Commerce to promote economic development and business
growth through a series of highly effective strategies and programs.
3. The Greater Irving-Las Colinas Chamber of Commerce contracts with the City of
Irving to promote economic development and business growth through a series of
strategies and programs designed to increase the tax base, encourage high quality
job growth, promote the City of Irving both nationally and internationally, recruit,
retain and develop businesses, including small businesses and minority and women
owned businesses.
4. The results of these strategies are measured through a series of performance
measures to assure the City maximizes the value of the partnership. These results
are reported back to the City on a quarterly basis.
5. Funding in the amount of $1,675,000.00 is available in the Economic Development
Fund.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


1020-2904-56401-100 Budget: $1,675,000.00 Actual: $1,675,000.00
Budget Adjustment/Transfer Required: No (If yes, please explain.)

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

COUNCIL RESOLUTION NO. (ID # 3582)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and the Greater Irving-Las Colinas Chamber of Commerce for economic
development services to be provided from October 1, 2010, through September 30,
2011, in an amount not to exceed $1,675,000.00, and the Mayor is authorized to
execute said agreement.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
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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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 §

THIS ECONOMIC DEVELOPMENT SERVICES CONTRACT (hereafter referred to as


“Contract”) is made by and between the GREATER IRVING-LAS COLINAS CHAMBER OF
COMMERCE, a Texas nonprofit corporation (hereafter referred to as “CHAMBER”) and the
CITY OF IRVING, TEXAS, a municipal corporation located in Dallas County, Texas (hereafter
referred to as “CITY”), each acting by and through its duly authorized representatives.

W I T N E S S E T H:

WHEREAS, CITY desires to employ CHAMBER on an independent contractor basis to


provide economic development services to CITY, and CHAMBER desires to furnish economic
development services to CITY. It is the intent of the parties that CHAMBER and CITY shall
establish and maintain an “arms length” relationship in which CHAMBER provides specific,
measurable services, as more fully described below, in exchange for a specific amount of
monetary remuneration, as more fully set forth below.

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;

B. Assist in increasing high-paying job opportunities for the City’s residents;

C. Assist the Salesmanship Club of Dallas and the HP Byron Nelson


Tournament to assure adequate parking to meet Tournament needs.

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.

E. Management of an Information Center in the Irving South sub-market.

1. CONTRACT. The CITY contracts with CHAMBER, and CHAMBER agrees to


the Contract, to provide specific, measurable economic development services.
This contract shall consist of three (3) unique sections.

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The parties agree as follows:

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:

i) Assist City to Increase the CITY’S tax base by:

(a) Pursuing programs that could increase the occupancy of buildings in


every market segment of the City, and

(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

Services to be provided by the CHAMBER on behalf of the CITY include:

i) Site selection assistance for new or expanding businesses into all


market segments of the City including, but not limited to, Downtown
Irving/Heritage District, Irving South, TIF District, 161 Corridor; Foreign
Trade Zone 39, DFW Freeport, Valley Ranch, Las Colinas and the
Texas Stadium redevelopment area;

ii) Coordination of relocation and/or expansion incentives offered by the


City including the compiling, reviewing and analyzing of tax incentive
agreements and other economic development incentive policies relating
to economic development programs adopted by the CITY for submittal to
CITY staff;

iii) Assist businesses in compiling information necessary to qualify for


incentive programs offered through Dallas County and/or the State of
Texas;

iv) Identify strategic markets and business classifications/categories for


targeted advertising and recruitment into the city;

v) Update and develop marketing and promotional materials that identify


CITY as a preferred business location and produce new recruitment
materials on an “as need” basis;

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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;

vii) Maintain open communication with commercial real estate brokers to


emphasize Irving as a preferred address for their clients;

viii) Develop initiatives that will result in direct contact with targeted firms by:

a) Attendance and use of promotional booth at conventions and trade


shows of targeted business categories;

b) Participating in regional delegations and trade promotion activities


to promote Irving and the North Texas region;

c) Working closely with national corporate relocation firms by making


formal presentations to key staff as needed and providing them
appropriate marketing material;

d) Working closely with local relocation firms as needed to ensure that


CITY receives maximum exposure from residential relocations
associated with corporate moves.

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;

x) Review and recommend changes to the CITY’s incentive policies, as


needed, to meet changing market conditions and remain competitive
with similar cities; and

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.

B. Performance Measures. Under this section of the agreement:

a. Conduct site visits to 60 of Irving’s significant employers and/or businesses


within the City and include representatives of the City Council, Economic
Development Advisory Council members and/or Chamber Board members,
as appropriate, to communicate that Irving appreciates these businesses
being in the City, seek local opportunities to assist these businesses in being
more successful, and identify new business leads from their vendors and/or
customers.

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b. Make a minimum of 2,000 contacts with local businesses. These may be

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.

i. Participate in promoting Irving in targeted markets outside of Texas. These


will be targeted advertisements and events to highlight the advantages of an
Irving address.

j. Assist City in redevelopment initiatives at the former Texas Stadium site and
Heritage Crossing.

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k. The Chamber shall provide an increase emphasis on the minority business

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:

i) providing business development and enhancement initiatives with a


focus on Hispanic-owned businesses throughout Irving,

ii) communicate and facilitate business development initiatives and


programs of the City to the Hispanic-owned business community of
Irving,

iii) encouraging Hispanic-owned business participation in existing business


programs of the Chamber, the City and the IHCC, and

iv) assisting the City in promoting minority and women-owned business


initiatives.

C. Consideration for Services. In consideration of the economic development


services to be provided under this section by CHAMBER to CITY, the CITY shall
pay to CHAMBER the amount of One Million Six Hundred Seventy-five Thousand
dollars ($1,675,000) for the CITY’s fiscal year beginning October 1, 2010 through
September 30, 2011, and thereafter the same amount for each ensuing fiscal
year of the term of this Contract. This amount shall be paid to the CHAMBER by
CITY in monthly installments or after receipt from the CHAMBER of an invoice for
services rendered. Payments made in subsequent years of the Contract will be
made in accordance with the monthly payment terms set forth in this section
unless changes in the payment schedules are approved by mutual written
agreement. The CITY shall make payment on the first day of the month, or as
soon as possible following approval by the City Council, in the following manner:

a. CITY shall make payment installments to the CHAMBER in the amount of


Two Hundred Twenty-Five Thousand Dollars ($225,000) in October and
November 2010; One Hundred Sixty Thousand Dollars ($160,000) in
December 2010; One Hundred Fifty Thousand Dollars ($150,000) in January
2011; One Hundred Eighty-Five Thousand Dollars ($185,000) in February
2011; One Hundred Forty-Five Thousand Dollars ($145,000) in March 2011;
One Hundred Twenty-Five Thousand Dollars ($125,000) in April 2011; One
Hundred Thousand Dollars ($100,000) in May 2011; Ninety Thousand Dollars
($90,000) in June, July, and August; and $90,000 in September 2011.

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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b. CITY funds provided to CHAMBER shall be used only for economic

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.

c. It is recognized that all payments are subject to appropriation of funding in the


annual budget of CITY as adopted each year by the City Council. City funds
provided to CHAMBER hereunder shall be used only for specific services
described above, and as may be amended by mutual agreement of both
parties.

d. CITY agrees to make available to CHAMBER copies or original documents of


CITY reports, papers, and data for CHAMBER mailing and marketing
purposes, and may provide copying services of up to $4,500 annually through
the City’s print shop for CHAMBER mailing and marketing purposes. All print
orders to be coordinated through Real Estate and Development Business
Services Coordinator.

e. Additionally, CHAMBER agrees to allow four City designees to attend


Economic Development functions and events at no charge to the City. It is
the intent that the staff persons shall be the City Manager, the City’s Chief
Financial Officer, the City’s Chief Development Officer, and one additional
person as designated by the City’s Chief Development Officer.

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.

II. THEME TOWER MANAGEMENT/HP Byron Nelson Championship Parking


Coordination

Under this section of the agreement:

• 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.

A. Scope of Services. To be provided by the Chamber for the City include:

a. Leasing the Theme Towers to strategically chosen tenants to promote one or


more of the Overall Objectives;

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.

a. All agreements, leases or contracts related to the Scope of Services shall be


submitted to the City Attorney in advance of execution by the Chamber. Such
agreements, leases or contracts shall advance one or more of the Overall
Objectives. Such agreements, leases or contracts must be according to
terms complying with this Addendum which are approved as to form by the
City Attorney, which approval will not be unreasonably denied.

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.

c. Prepare and deliver, in person or in writing as directed by the City Manager


an annual report on the prospects and possibilities and overall market
conditions for leasing the Theme Towers. The City Manager may request
reports on a more frequent basis.

d. Prepare and deliver, as a part of the general budget preparation, a report in


writing of the revenue and expenses generated by leasing and or operation of
the Theme Towers and Parking lot;

C. Consideration for Services. In consideration of the management and leasing


services to be provided by Chamber to City, the City shall pay to Chamber the
amount of Ten Dollars ($10) for the City’s fiscal year beginning October 1, 2010
through September 30, 2011, and thereafter the same amount for each ensuing
fiscal year of the term of this Agreement. It is recognized that all payments are
subject to appropriation of funding in the annual budget of City as adopted each
year by the City Council.

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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.

c. The Chamber and Irving Economic Development Partnership will be able to


use the revenue for increased targeted marketing to regional, national and
international site selectors.

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.

e. The Theme Towers shall not be used to promote messages or themes


contrary or opposed to the City or its adopted or stated positions or official
stances.

III. DEVELOPMENT ORDINANCES REWRITE

Under this Section of the Agreement:


• The City and Chamber agree that the goal of this section is promoting
economic development and business growth through the modernization of the
City’s land development regulations
A. Scope of Services:
Services to be provided by Chamber for the City include:
• Administration of the consulting agreement with Clarion Associates LLC for
the recommendation and drafting of land development and subdivision
ordinances.
B. Performance Measures:
• Timely performance of the Clarion Associates services including the
preparation of public hearing ready drafts of ordinances by December 31,
2010.
C. Consideration for Services:
• City has provided funding adequate to fully fund the Clarion Associates LLC
scope of work of which $95,000 remains unearned by Clarion. Upon timely
completion of the scope of work, Chamber will continue to administer
payment to Clarion.

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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.

B. INDEPENDENT CONTRACTOR STATUS. CHAMBER is acting as an independent


contractor when providing economic development services for CITY under this
Contract. The CHAMBER shall manage the economic development activities
performed pursuant to this Contract, the results of which are to meet with the
approval of the CITY. It is further agreed that the CITY will utilize, and the
CHAMBER will place high priority upon, the following as mechanisms for the Council
to evaluate and determine the adequacy of the results of the CHAMBER services
provided under this Contract: the Council '’annual public hearing process for the
CITY'’ operating budget; written and verbal CHAMBER presentations to the City
Council; monthly meetings between CITY and CHAMBER staff; and the use of the
Strategic Plan as adopted by the CITY.

C. CHAMBER POSITIONS ON ISSUES. It is further agreed that when the CHAMBER


takes formal positions on public policy issues that those positions will be
communicated to the Mayor, City Council and City Manager of the CITY as a means
of contributing to the City Council’s development of balanced, progressive public
policies that reflect the best interest of CITY business community, its citizens, and its
enhanced quality of life. In formulating its positions on public policy issues, the
CHAMBER will continue to give balanced consideration to the interest of CITY’s
business community as well as that of the entire community.

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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6. NOTICES. Any notices or other communications including prompt notice of any

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:

CITY: City of Irving


825 West Irving Boulevard
Irving, Texas 75060
Attention: Tommy Gonzalez, City Manager

CHAMBER: Greater Irving-Las Colinas Chamber of Commerce


5201 N. O’Connor Boulevard
Suite 100
Irving, Texas 75039
Attention: Chris E. Wallace, President /CEO

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.

9. AMENDMENT. This Agreement may not be modified, altered or amended except by


written instrument duly executed by both parties.

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.

EXECUTED on this the ________ day of __________________, 2010.

GREATER IRVING-LAS COLINAS


CITY OF IRVING, TEXAS CHAMBER OF COMMERCE

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:

Page 13
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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)
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)
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.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____day of ____________,


2010.

(Seal)
Notary Public In and For the State of Texas

My Commission Expires:

____________________

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11

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3578


Recommending Department: City Attorney’s Office LSR No:

Resolution -- Approving Second Amendment to the Non-Exclusive


Distribution Agreement Between the City of Irving and the North Texas
Tollway Authority
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This amendment continues NTTA defrayment of costs associated with
sales of toll tags by the City.
3. The City will receive $5.00 from NTTA for each toll tag sold by the City.
4. Sale of toll tags by the City encourages the use of the toll infrastructure within the
city and, due to quicker trip times on less congested toll roads, helps improve air
quality with the City and North Texas.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


None

REVISION INFORMATION:
Prepared: 9/8/2010 04:47 PM by Belinda Rowlett
Last Updated: 9/13/2010 10:19 AM by Belinda Rowlett

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11

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3578)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached Second Amendment to the
Non-Exclusive Distribution Agreement between the City of Irving and the North
Texas Tollway Authority for toll tag sales, and the Mayor is authorized to execute
said amendment.

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

Packet Pg. 103


11.a

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Attachment: A. RES North Texas Tollway Authority - Second Amendment to Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-
11.a

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Attachment: A. RES North Texas Tollway Authority - Second Amendment to Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-
11.a

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Attachment: A. RES North Texas Tollway Authority - Second Amendment to Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.b

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Attachment: B. North Texas Tollway Authority - Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive Distribution Agmt-
11.c

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Attachment: C. North Texas Tollway Authority - First Amendment to Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive
11.c

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Attachment: C. North Texas Tollway Authority - First Amendment to Non-Exclusive Distribution Agreement (3578 : 16 Amend Non-Exclusive
12

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3571


Recommending Department: Capital Improvement Program LSR No: 11397

Resolution -- Approving a Discretionary Service Agreement Between the


City of Irving and Oncor Electric Delivery Company, LLC, for Phase 1 -
Section 2 Undergrounding of Existing Aerial Utilities at Las Colinas
Boulevard and Fuller Drive
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,
No. 3: Economic Development, and No. 9: Infrastructure.
2. Impact: This project will provide for the undergrounding of existing aerial utilities at
Las Colinas Boulevard and Fuller Drive in Las Colinas. This will improve the visual
impression of the area, promote economic development and reduce the possibility
of power outages caused by inclement weather events.
3. This agreement includes the last of 3,100 linear feet of cable placed within
previously installed conduit.
4. This is part of Capital Improvement Program’s (CIP) strategic plan to underground
aerial utilities in front of all city owned facilities.
5. The Las Colinas Association (TLCA), our partner in utility undergrounding in the Las
Colinas area, will fund 35% of this agreement cost. TLCA will reimburse the city for
their share of the project cost after the work is completed.
6. Funding in the amount of $66,794.00 is available in the Non-Bond CIP Fund and
$124,046.00 is available in the Street Improvement Bond Fund for the total amount
of $190,840.00.
Recommendation
The resolution be approved.

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)

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12

CURRENT YEAR FINANCIAL IMPACT:


4001-1902-77010-909050 Budget: $66,794.00 Actual: $66,794.00
4005-1902-77010-909050 Budget: $124,046.00 Actual: $124,046.00
P0187467
Budget Adjustment/Transfer Required: No

REVISION INFORMATION:
Prepared: 9/7/2010 01:44 PM by Kay Corrales
Last Updated: 9/14/2010 04:07 PM by Kay Corrales

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12

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3571)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached Discretionary Service
Agreement between the City of Irving and Oncor Electric Delivery Company, LLC,
for Phase I – Section 2 Undergrounding of Existing Aerial Utilities at Las Colinas
Boulevard and Fuller Drive in Las Colinas in an amount not to exceed $190,840.00,
and the Mayor is authorized to execute said agreement.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
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

Packet Pg. 123


12.a

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Attachment: Oncor DSA Las Colinas Blvd & Fuller Dr. (3571 : 19 DSA Agmt Oncor Las Colinas and Fuller)
12.a

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Attachment: Oncor DSA Las Colinas Blvd & Fuller Dr. (3571 : 19 DSA Agmt Oncor Las Colinas and Fuller)
12.a

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Attachment: Oncor DSA Las Colinas Blvd & Fuller Dr. (3571 : 19 DSA Agmt Oncor Las Colinas and Fuller)
12.b

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Attachment: New Feeder Cable (3571 : 19 DSA Agmt Oncor Las Colinas and Fuller)
13

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3574


Recommending Department: Capital Improvement Program LSR No: N/A

Resolution -- Awarding a Contract to SKE Construction, LLC, for Water


Main Grouting and Sanitary Sewer Main Relocation in the Jaycee Park Area
for the SH 183 Soundwall Project
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This project will relocate 143 linear feet of sanitary sewer, and grout 2,914
linear feet of water main which will no longer be used by the Water Utilities
Department to make way for the SH 183 Sound Wall Project.
3. SKE Construction, LLC, submitted the lowest and best bid of $93,485.90 with a
project completion time of 30 calendar days. An additional $2,012.10 is required for
testing, bringing the total cost of the project to $95,500.00.
4. Minority- and/or Women-owned Business (M/WBE) participation in this award is
100%.
5. Funding in the amount of $95,500.00 is available in the Sanitary Sewer Bond Fund
and the Water Improvement Bond Fund.
Recommendation
The resolution be approved.

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:

SKE Construction, LLC $ 93,485.90 30 Calendar Days


SYB Construction Co., Inc. $104,031.00 30 Calendar Days
RKM Utility Services $133,885.00 30 Calendar Days

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13

ATTACHMENTS:
SH 183 Bid Summary (PDF)
SH 183 Drawing (PDF)

CURRENT YEAR FINANCIAL IMPACT:


5412-3271-71401-906008 Budget: $82,774.10 Actual: $82,774.10
5411-3251-75901-906008 Budget: $12,725.90 Actual: $12,725.90
P0187473
Budget Adjustment/Transfer Required: No

REVISION INFORMATION:
Prepared: 9/8/2010 09:19 AM by Kay Corrales
Last Updated: 9/15/2010 11:44 AM by Lana King

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13

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3574)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves and accepts the bid of SKE Construction,
LLC, in the amount of $93,485.90 for SH 183 Sound Wall/Sanitary Sewer & Water
Main Abandonment Project and awards the contract to said company in said amount
and authorizes the Mayor to execute said contract.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
Max S. Duplant, CPA
Chief Financial Officer

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13

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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13.a

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Attachment: SH 183 Bid Summary (3574 : 19 Awd SKE Const. for SH 183 Sound Wall/SS)
13.b

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Attachment: SH 183 Drawing (3574 : 19 Awd SKE Const. for SH 183 Sound Wall/SS)
14

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3537


Recommending Department: Code Enforcement LSR No: 11346

Resolution -- Approving Renewal of Agreement for Services Between the


City of Irving and Keep Irving Beautiful, Inc., for the Keep Irving Beautiful
Program
Administrative Comments
1. This item supports Strategic Goal No. 2: Nurture and Promote Vital, Vibrant
Neighborhoods and Goal No. 10: Environmentally Sustainable Community
2. Impact: This allows for Keep Irving Beautiful, Inc., to continue educational
programs with respect to litter abatement, solid waste handling materials, and
community beautification.
3. The contract facilitates the City’s compliance with its National Pollutant Discharge
Elimination System permit requirements and its standing as a community
recognized by Keep America Beautiful and Keep Texas Beautiful.
4. Funds can be used to reimburse expenditures incurred in the delivery of KIB Board
authorized programs.
5. Funding in the amount not to exceed $67,880.00 is available in the Municipal
Drainage Utility Fund.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


Fund # 5041-1150-56401-1160
Budget $67,880.00

REVISION INFORMATION:
Prepared: 8/23/2010 02:47 PM by Maria Guzman
Last Updated: 9/15/2010 11:10 AM by Jennifer Phillips

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14

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3537)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Keep Irving Beautiful, Inc. (KIB), whereby the KIB program shall be
sponsored through the Code Enforcement Department to 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 Irving in the amount of $67,880.00, and
the Mayor is authorized to execute said agreement.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
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

Packet Pg. 135


14.a

AGREEMENT FOR SERVICES


1. Parties to Agreement. This Agreement is entered into between the City of Irving,
hereinafter referred to as “City,” and Keep Irving Beautiful, a Texas nonprofit corporation,
hereinafter referred to as “KIB.”

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

Attachment: KIB CONTRACT 2010 (3537 : 28 Appr KIB Annual Contract)


having obtained Sec. 501(c)(3) tax-exempt status from the Internal Revenue Service, recognizes
the need to have a formal agreement for services between KIB and the City.

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;

c) assuring continuity for KIB, by maintaining a mailing address, printing promotional


materials, mailing material, and providing a place to meet;

d) providing public information and educational support to such city departments as the Code
Enforcement Department Director may deem appropriate;

e) working as a facilitator of community cleanups, anti-litter programs, and beautification


efforts to support the KIB board, committees and project chairs; and

KIB SERVICES AGREEMENT PAGE 1 OF


5
C:\DOCUME~1\saltum\LOCALS~1\Temp\MinuteTraq\irving@agendaweb\Work\Attachments\-1.doc

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14.a

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

Attachment: KIB CONTRACT 2010 (3537 : 28 Appr KIB Annual Contract)


programs, with the approval of the Director of the Code Enforcement Department, or his
designee, and upon submittal of the proper supporting receipts or invoices. The Code
Enforcement Department may also charge the account containing this funding in order to fund
goods or services, as requested by KIB, which are acquired through the City’s procurement
process and are a part of the approved KIB program budget, with notification of the board
president or designee. KIB program expenses in excess of the budget amount authorized by the
Irving City Council will be the responsibility of KIB.

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.

KIB SERVICES AGREEMENT PAGE 2 OF


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14.a

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

Attachment: KIB CONTRACT 2010 (3537 : 28 Appr KIB Annual Contract)


year and based on committee programs of work, to be timely submitted to the Code
Enforcement Department in February of each year;

b) Establish and maintain a year-around program of community awards culminating in an


annual recognition event;

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.

j) Provide a quarterly written report of KIB Agreement activities to the Department.

KIB SERVICES AGREEMENT PAGE 3 OF


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14.a

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.

Attachment: KIB CONTRACT 2010 (3537 : 28 Appr KIB Annual Contract)


K EEP IRVING BEAUTIFUL, INC. CITY OF IRVING, TEXAS

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

KIB SERVICES AGREEMENT PAGE 4 OF


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14.a

CORPORATE ACKNOWLEDGMENT

THE STATE OF TEXAS §


§
COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, a Notary Public in and for said County and State,
on this day personally appeared 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

Attachment: KIB CONTRACT 2010 (3537 : 28 Appr KIB Annual Contract)


such corporation for the purposes and consideration therein expressed, and in the capacity therein
stated.

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:

_______________________________

KIB SERVICES AGREEMENT PAGE 5 OF


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14.b

Packet Pg. 141


Attachment: Kib 2010-11 Budget Summary (3537 : 28 Appr KIB Annual Contract)
15

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3495


Recommending Department: Real Estate & Development LSR No: 11214

Resolution -- Adopting a Prevailing Wage Rate for Use on City


Construction Contracts
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: By adopting a prevailing wage rate for the construction of a public work, the
city will be in compliance with state law.
3. 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.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


None

REVISION INFORMATION:
Prepared: 7/19/2010 01:22 PM by Cynthia Castro
Last Updated: 9/17/2010 09:52 AM by Cynthia Castro

Packet Pg. 142


15

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3495)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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

Packet Pg. 143


15.a

CITY OF IRVING
ADOPTED WAGE RATE SCHEDULE - 2010

Classification Wage Rates


AC Mechanic $ 12.80

AC Mechanic Helper $ 9.00

Acoustical Ceiling Installer $ 12.16

Attachment: City of Irving Wage Rates 2010 (3495 : 29 Adopt Prevailing Wage Rate for Construction)
Acoustical Ceiling Installer Helper $ 10.53

Backhoe Operator $ 10.64

Bricklayer/Stone Mason $ 19.00

Bricklayer/Stone Mason Helper $ 8.60

Bricklayer/Stone Mason Trainee $ 12.00

Carpenter $ 15.95

Carpenter Helper $ 11.50

Concrete Cutter/Sawer $ 10.50

Concrete Cutter/Sawer Helper $ 8.00

Concrete Finisher / Cement Mason $ 11.38

Concrete Finisher Helper $ 10.24

Concrete Form Builder $ 11.66

Concrete Form Builder Helper $ 10.67

Concrete Pump Operator $ 13.00

Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel Operator $ 10.64

Crane Operator: Hydraulic 35 Ton & Over $ 19.20

Crane Operator: Hydraulic over 35 tons, Derricks, Overhead Gentry, Stiffleg,


Tower, etc., and Cranes with Piledriving or Caisson Attachments $ 19.70

Drywall Helper $ 8.50

Drywall Mechanic $ 11.71

Drywall Taper $ 10.42

Drywall Taper Helper $ 8.00

Electrician (Journeyman) $ 24.38

Electrician Apprentice (Helper) $ 12.50

Electronic Technician / Cable Splicer $ 26.54

Electronic Technician Helper $ 12.50

Elevator Constructor Mechanic $ 24.00

Elevator Constructor Mechanic Helper $ 12.00

Floor Layer $ 13.13

Floor Layer Helper $ 7.50

Forklift $ 9.00

Foundation Drill Operator $ 11.00

Front End Loader Operator $ 8.77

Page 1 of 2
Packet Pg. 144
15.a

Classification Wage Rates


Glazier $ 12.26

Glazier Helper $ 7.50

Insulator, Mechanical $ 10.55

Insulator Helper $ 7.50

Laborer Common $ 7.58

Attachment: City of Irving Wage Rates 2010 (3495 : 29 Adopt Prevailing Wage Rate for Construction)
Landscape/Irrigiation Installer $ 7.50

Lather $ 11.50

Metal Stud Framer $ 11.50

Metal Stud Framer Helper $ 8.00

Motor Grader Operator $ 11.00

Painter, Brush & Spray $ 10.76

Painter, Drywall Finishing Only $ 10.42

Painter Helper $ 8.00

Paperhanger $ 11.30

Pipefitter $ 12.80

Pipefitter Helper $ 8.00

Pipe Layer, Utilities $ 7.50

Plasterer $ 15.06

Plasterer Helper $ 9.00

Plumber $ 12.80

Plumber Helper

Reinforcing Steel Setter $ 10.33

Reinforcing Steel Setter Helper

Roller, Pneumatic, Tamper, Operator $ 8.00

Roofer $ 9.45

Roofer Helper $ 7.40

Sheet Metal Worker $ 12.80

Sheet Metal Worker Helper $ 9.00

Sprinkler System Installer $ 22.62

Sprinkler System Installer Helper $ 10.00

Steel Worker/Ironworker, Structural $ 17.44

Steel Worker/Ironworker, Structural Helper $ 9.00

Tile Setter $ 13.75

Truck Driver $ 8.50

Waterproofer $ 11.00

Welder $ 12.50

Welder Helper $ 9.00

Page 2 of 2
Packet Pg. 145
16

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3502


Recommending Department: Real Estate & Development LSR No: 10975

Resolution -- Approving a Contractor for the Construction of the Irving


Entertainment Center at Las Colinas
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Confirms the selection of the general contractor for construction of the
Irving Entertainment Center at Las Colinas and complies with the terms of the
development agreement.
3. The Las Colinas Group has selected Balfour/Azteca a joint venture comprised of
Balfour Beatty Construction, LLC and Azteca Enterprises, Inc. as the general
contractor to construct the Irving Entertainment Center at Las Colinas.
4. The development agreement provides that the selection of the contractor is subject
to the city’s approval.
5. Beck, the city’s owner’s representative, participated in the contractor selection
process and recommends Balfour/Azteca as a qualified contractor. Staff concurs
with this recommendation.
6. Approval of the resolution does not commit funds for construction.
7. The M/WBE participation is 30%.
8. No funding is required.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


None

REVISION INFORMATION:
Prepared: 7/23/2010 11:04 AM by Cynthia Castro
Last Updated: 9/16/2010 06:19 PM by Brenda McDonald

Packet Pg. 146


16

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3502)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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.

Packet Pg. 147


16

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

Packet Pg. 148


16.a

Recommendation for Selection of Construction Manager


Irving Entertainment Center at Las Colinas

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.

Upon selection, Balfour/Azteca was engaged to provide preconstruction


estimating services during the design development phase development by the
architect. Recently, they have worked closely with Ownership, the Architect, and
the City of Irving to develop a final guaranteed maximum price proposal. Over
200 cost-saving ideas for value management were developed and reviewed.
Using most of those ideas, the developer was able to arrive at a project cost for
the Entertainment Center that is within budget, yet still meets the quality
expectations of the City.

Based on the above, we highly recommend the confirmation of Balfour/Azteca, a


joint venture, to provide construction management services for the Irving
Entertainment Center at Las Colinas project.

Packet Pg. 149


16.a

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

Buffalo Thunder Casino Resort


Santa Fe, New Mexico

Gaylord Texan Resort Dallas Convention Center Hotel


Grapevine, Texas Dallas, Texas

Inner Mountain Working


of the Gods Toget
her... Accomplishing More Riverwind Casino
Packet Pg. 150
16.a

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

Inner Mountain Working


of the Gods Toget
her... Accomplishing More
Packet Pg. 151
16.b

CONSTRUCTION MANAGER: BALFOUR/AZTECA, A JOINT VENTURE Relevant Experience

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

Buffalo Thunder Casino Resort


Santa Fe, New Mexico

Gaylord Texan Resort Dallas Convention Center Hotel


Grapevine, Texas Dallas, Texas

Inner Mountain Working


of the Gods Toget
her... Accomplishing More Riverwind Casino
Packet Pg. 152
16.b

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

Inner Mountain Working


of the Gods Toget
her... Accomplishing More
Packet Pg. 153
17

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3555


Recommending Department: Real Estate & Development LSR No: 11361

Resolution -- Approving a Sales Contract for the Acquisition of a Single-


Family Residence Located at 202 Larry Drive – Fabian Moreno Vasquez,
Property Owner
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: Acquisition of this property will provide flexibility to accommodate municipal
purposes.
3. The 2008, 2009 and 2010 tax assessed value of the property is $118,800.00,
$104,120.00, and $104,120.00, respectively. The property owner has agreed to sell
the property for $160,000.00, plus reimbursement of relocation costs not to exceed
$11,350.00, and plus closing costs not to exceed $6,000.00.
4. Funding in the amount of $177,350.00 is available in the current budget.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


4010-1402-77009-909058 Budget: $177,350.00 Actual: $177,350.00
Budget Adjustment/Transfer Required: No

REVISION INFORMATION:
Prepared: 8/25/2010 03:56 PM by Cynthia Castro
Last Updated: 9/15/2010 11:27 AM by Cynthia Castro

Packet Pg. 154


17

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3555)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached Sales Contract with Fabian
Moreno Vasquez in the amount of $160,000.00, plus reimbursement of relocation
costs not to exceed $11,350.00, and plus closing costs not to exceed $6,000.00, for
the acquisition of a single-family residence located at 202 Larry Drive, and the Mayor
is authorized to execute said contract and related conveyance documents.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
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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17.a

Attachment: Acq 202 Larry Drive - Vasquez - Location Map (3555 : 29 Acq 202 Larry Drive for Library - Vasquez)
Central Library
City Hall

202 Larry Drive

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

Packet Pg. 156


17.b

Packet Pg. 157


Attachment: RES Acq 202 Larry Drive - Vasquez - Contract (3555 : 29 Acq 202 Larry Drive for Library -
17.b

Packet Pg. 158


Attachment: RES Acq 202 Larry Drive - Vasquez - Contract (3555 : 29 Acq 202 Larry Drive for Library -
17.b

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Attachment: RES Acq 202 Larry Drive - Vasquez - Contract (3555 : 29 Acq 202 Larry Drive for Library -
18

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3567


Recommending Department: Real Estate & Development LSR No: 11402

Resolution -- Approving a Sales Contract for the Acquisition of a Single-


Family Residence Located at 210 Larry Drive – Arcadio and Patricia
Martinez, Property Owners
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: Acquisition of this property will provide flexibility to accommodate municipal
purposes.
3. The 2008, 2009 and 2010 tax assessed value of the property is $96,460.00,
$94,300.00, and $94,300.00, respectively. The property owner has agreed to sell
the property for $120,000.00, plus reimbursement of relocation costs not to exceed
$11,350.00, and closing costs not to exceed $6,000.00.
4. Funding in the amount of $137,350.00 is available in the current budget.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


4010-1402-77009-909058 Budget: $137,350.00 Actual: $137,350.00
Budget Adjustment/Transfer Required: No

REVISION INFORMATION:
Prepared: 9/3/2010 04:32 PM by Cynthia Castro
Last Updated: 9/15/2010 11:29 AM by Cynthia Castro

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18

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3567)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached Sales Contract with Arcadio
and Patricia Martinez in the amount of $120,000.00, plus reimbursement of relocation
costs not to exceed $11,350.00, and closing costs not to exceed $6,000.00, for the
acquisition of a single-family residence located at 210 Larry Drive, and the Mayor is
authorized to execute said contract and related conveyance documents.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
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

Packet Pg. 161


18.a

Attachment: Acq 210 Larry Drive - Martinez - Location Map (3567 : 29 Acq 210 Larry Drive - Martinez)
Central Library
City Hall

210 Larry Drive

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

Packet Pg. 162


18.b

Packet Pg. 163


Attachment: RES Acq 210 Larry Drive - Martinez - Contract (3567 : 29 Acq 210 Larry Drive - Martinez)
18.b

Packet Pg. 164


Attachment: RES Acq 210 Larry Drive - Martinez - Contract (3567 : 29 Acq 210 Larry Drive - Martinez)
18.b

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Attachment: RES Acq 210 Larry Drive - Martinez - Contract (3567 : 29 Acq 210 Larry Drive - Martinez)
19

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3575


Recommending Department: Intergovernmental Services LSR No:

Resolution -- Approving a Fee Agreement with Dean International, Inc., for


Assistance in Transportation and Infrastructure Services
Administrative Comments
1. This item supports Strategic Goals No. 3: Economic Development and No. 9:
Infrastructure Network
2. Impact: Approval of this fee agreement will allow for the continuance of public
policy and consulting expertise by Dean International, Inc., for transportation and
infrastructure related services including: strategy development, analysis, and real-
time reporting of key Irving projects/initiatives.
3. Additionally the contract provides for program development and administration and
support services for the Annual Transportation and Infrastructure Convention
(Washington D.C.) and the Annual Transportation and Infrastructure Summit.
4. Funding in the amount of $730,000 is available in the General Fund.
Recommendation
The resolution be approved.

ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: Approved Council Action:
.

CURRENT YEAR FINANCIAL IMPACT:


1001-1001-564919-100 Budget: $260,000.00 Actual: $260,000.00
1001-1003-56401-100 Budget: $470,000.00 Actual: $470,000.00

REVISION INFORMATION:
Prepared: 9/8/2010 02:45 PM by Kathryn Guerra
Last Updated: 9/16/2010 09:40 AM by Jennifer Phillips

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19

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3575)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Dean International, Inc., for transportation and infrastructure policy
consulting services in the amount not to exceed $730,000, and the Mayor is
authorized to execute said agreement.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
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

Packet Pg. 167


20

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3576


Recommending Department: Intergovernmental Services LSR No:

Resolution -- Approving a Fee Agreement with Dean International, Inc., for


Assistance in Water Services
Administrative Comments
1. This item supports Strategic Goals No. 3: Economic Development and No. 9:
Infrastructure Network
2. Impact: Approval of this fee agreement will allow for the continuance of public
policy and consulting expertise by Dean International, Inc., for water related
services including: strategy development, analysis, and real-time reporting of key
Irving projects/initiatives.
3. Funding in the amount of $390,000 is available in the Water Systems Fund.
Recommendation
The resolution be approved.

ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: Approved Council Action:
.

CURRENT YEAR FINANCIAL IMPACT:


5423-3204-56401-1160 Budget: $390,000.00 Actual: $390,000.00

REVISION INFORMATION:
Prepared: 9/8/2010 02:49 PM by Kathryn Guerra
Last Updated: 9/16/2010 09:40 AM by Jennifer Phillips

Packet Pg. 168


20

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3576)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached agreement between the
City of Irving and Dean International, Inc., for water policy consulting services
in the amount not to exceed $390,000, and the Mayor is authorized to execute
said agreement.

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.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
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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21

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3566


Recommending Department: Housing and Human Services LSR No:

Resolution -- Approving the Acceptance of a Grant from the Texas


Department of Housing and Community Affairs for the Fiscal Year 2010-11
Emergency Shelter Grant Program
Administrative Comments
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: Acceptance of this grant will provide emergency financial assistance for
individuals and families facing homelessness.
3. The City of Irving applied for this grant through the Texas Department of Housing
and Community Affairs (TDHCA) and was awarded $73,840.00 to administer the
Emergency Shelter Grant Program.
4. The City of Irving will expend $71,000.00 toward this grant, and the Texas
Department of Housing and Community Affairs will retain $2,840.00 for program
administration.
5. This action authorizes the acceptance of these awarded funds and authorizes the
Mayor to sign grant agreements and other necessary documents with TDHCA.

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)

CURRENT YEAR FINANCIAL IMPACT:


N/A

REVISION INFORMATION:
Prepared: 9/2/2010 01:45 PM by Vicki Ebner
Last Updated: 9/17/2010 10:47 AM by Donna Madderra

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21

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3566)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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.

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21

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

Packet Pg. 172


21.a
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 42100001018 FOR THE
FY 2010 EMERGENCY SHELTER GRANTS PROGRAM
CFDA NO. 14.231

SECTION 1. PARTIES TO THE CONTRACT

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").

SECTION 2. CONTRACT PERIOD

This contract shall commence on September 01, 2010, and, unless earlier terminated, shall end on August 31, 2011 (herein
the “Contract Period”).

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


SECTION 3. SUBRECIPIENT PERFORMANCE

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.

SECTION 4. DEPARTMENT OBLIGATIONS

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.

SECTION 5. METHOD OF PAYMENT/CASH BALANCES

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.

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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.

SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

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.

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


A. Except as expressly modified by law or the terms of this contract, Subrecipient shall comply with the uniform cost
principles for local governments set forth in OMB Circular A-87, and for non-profit organizations in OMB circular
A-122. Uniform administrative requirements for local governments set forth in OMB Circular A-102, and for
non-profits in OMB Circular A-110. OMB Circular A-133 "Audits of States, Local Governments, and Non-Profit
Organizations," sets forth audit standards for governmental organizations and other organizations expending Federal
funds. The expenditure threshold requiring an audit under circular A-133 is $500,000

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;

(8) are not incurred during the Contract Period.

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21.a

SECTION 7. MATCH REQUIREMENT

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.

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


SECTION 8. RETENTION AND ACCESSIBILITY OF RECORDS

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.

SECTION 9. REPORTING REQUIREMENTS

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.

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21.a

SECTION 10. TECHNICAL ASSISTANCE AND MONITORING

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.

SECTION 11. INDEPENDENT CONTRACTOR

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

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


Subrecipient's performance of this contract.

SECTION 12. PROCUREMENT STANDARDS

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.

SECTION 13. CONFLICT OF INTEREST/NEPOTISM

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

(i) what, factually, occurred,

(ii) if there any violations of legal requirements or policy, and

(iii) if there was a violation, what will be the corrective action to address that matter and prevent any
recurrences.

SECTION 14. LEGAL AUTHORITY

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.

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21.a

SECTION 15. SECTARIAN INVOLVEMENT PROHIBITED

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.

SECTION 16. CHANGES AND AMENDMENTS

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.

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


SECTION 17. NON-BINDING GUIDANCE

Department may issue non-binding guidance to explain the rules and provide directions on terms of this contract.

SECTION 18. TERMINATION AND SUSPENSION

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.

SECTION 19. AUDIT

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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(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.

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


B. Notwithstanding anything herein to the contrary, Department reserves the right to conduct an annual financial and
compliance audit of 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.

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.

SECTION 20. TRAVEL

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.

SECTION 21. SPECIAL CONDITIONS

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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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.

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


G. Subrecipient shall administer, in good faith, a policy designed to ensure that its homeless facility is free from the illegal
use, possession, or distribution of drugs or alcohol.

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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SECTION 22. SUBCONTRACTS

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.

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


SECTION 23. POLITICAL ACTIVITY PROHIBITED

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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SECTION 24. PREVENTION OF WASTE, FRAUD, AND ABUSE

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.

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


SECTION 25. HB 1196 CERTIFICATION

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.

SECTION 26. SB 608 CERTIFICATION

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.

SECTION 27. MAINTENANCE OF EFFORT

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.

SECTION 28. EXCLUDED DEBARRED AND SUSPENDED PARTIES

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.

SECTION 29. NO WAIVER

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.

SECTION 30. SEVERABILITY

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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SECTION 31. ORAL AND WRITTEN AGREEMENTS

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.

SECTION 32. EXHIBITS

The exhibits identified below are hereby made a part of this contract:

1. Exhibit A, Budget

2. Exhibit B, Match

3. Exhibit C, Applicable Laws and Regulations

SIGNED this day of

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


City of Irving
By:

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

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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Agency: City of Irving

Contract: 42100001018 Contract Term: 09/01/2010 - 08/31/2011

Original

EXHIBIT A

BUDGET

Budget

Details of Activities by Category Category Totals

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


STATE ADMINISTRATION $ 2,840.00
State Administration
OPERATION ADMINISTRATION $ 4,544.00
Program Analyst
REHABILITATION $ 0.00
ESSENTIAL SERVICES $ 22,152.00
SALARIES
Bilingual Housing Counselor
Case Worker
MAINTENANCE, OPERATIONS, AND FURNISHINGS $ 0.00
HOMELESSNESS PREVENTION $ 44,304.00
Rent assistance
Utility assistance
Mortgage assistance
TOTAL $ 73,840.00

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Agency: City of Irving

Contract: 42100001018 Contract Term: 09/01/2010 - 08/31/2011

Original

EXHIBIT B

MATCH

Source of Match Dollar Value

Donations $ 31,785.00

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


Salaries $ 42,055.00

Project Coordinator
Director
Manager
Accountant
Housing Analyst
Intake Specialist
MATCH TOTAL $ 73,840.00

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EXHIBIT C

APPLICABLE LAWS AND REGULATIONS

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.

I. NONDISCRIMINATION AND EQUAL OPPORTUNITY

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";

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. Sec. 3601 et seq.) and implementing
regulations;

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.

II. EMPLOYMENT OPPORTUNITIES

Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1701u).

III. UNIFORM FEDERAL ACCESSIBILITY STANDARDS

For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 C.F.R. Part 40, Appendix A.

Page 13 of 15
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IV. LEAD-BASED PAINT

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.

V. USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS

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.

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


VI. FLOOD INSURANCE

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.).

VII. COASTAL BARRIERS

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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VIII. ENVIRONMENTAL STANDARDS

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

Attachment: RES ESGP 2010 award (3566 : 42 ESGP 2010 Award)


consideration for listing by the EPA.

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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AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3580


Recommending Department: Irving Arts Center LSR No: 11374
& 11338

Resolution -- Approving the Letter of Agreement Between the Irving Arts


Center and the Dallas Morning News to Provide In-Kind Advertising to
Promote Exhibitions, Performances, and Cultural Activities
Administrative Comments
1. This item supports Strategic Goal No. 7: Promote Excellence in Irving’s Cultural,
Recreational, and Educational Environments.
2. Impact: This agreement will provide the Irving Arts Center with $50,000 of in-kind
print advertising based on the Irving Arts Center’s commitment to purchase $50,000
of paid advertising from The Dallas Morning News. The in-kind print advertising will
be used to promote exhibitions, performances, and cultural activities in addition for
$8,100 in return services including event tickets and facility rental space.
Recommendation
The resolution be approved.

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)

CURRENT YEAR FINANCIAL IMPACT:


NONE
Budget Adjustment/Transfer Required: No

REVISION INFORMATION:
Prepared: 9/9/2010 10:09 AM by Mary Carrol
Last Updated: 9/16/2010 08:33 AM by Mary Carrol

Packet Pg. 188


22

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3580)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and The Dallas Morning News for in-kind print advertisement in the amount of
$50,000.00 in exchange for $8,100.00 in return services from the Irving Arts Center,
including event tickets and facility space rental, and the Mayor is authorized to
execute said agreement.

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

Packet Pg. 189


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Letter of Agreement for Services

September 7, 2010

Ms. Elise Longpree


Community Services Manager
The Dallas Morning News
508 Young Street

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.

The Dallas Morning News agrees to:

• 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.

• Include The Dallas Morning News logo on the following:

Holiday Open House -


¾ 18,000 postcards promoting the Holiday Open House and to be mailed to the
IAC’s mailing list as well as a purchased list of targeted addresses.
¾ Emails promoting the Holiday Open House and to be sent to IAC’s supporters.
¾ 5,000 Flyers promoting the Holiday Open House and to be distributed in area
schools and Irving libraries.
¾ The Dallas Morning News print ads promoting the Holiday Open House.

Page 1 of 3

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22.a

¾ 2 signs recognizing The Dallas Morning News and other sponsors to be placed in
the IAC during the Holiday Open House.

Genghis Khan: The Exhibition


¾ 75000+ exhibit programs.
¾ Emails promoting Genghis Khan: The Exhibition and to be sent to IAC
supporters.
¾ The Dallas Morning News print ads promoting Genghis Khan: The Exhibition.
¾ Logo with link on IAC website in the Genghis Khan: The Exhibition section; this

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 the following benefits:

Holiday Open House –


¾ The Dallas Morning News has the right of first refusal for sponsorship
consideration of the 2011 Holiday Open House at a level to be offered by the
IAC.
¾ Provide The Dallas Morning News with a complimentary 8 foot table to use for
promotion and a themed craft; the IAC will provide guidance and materials for
the craft project.
¾ Include The Dallas Morning News in press releases for the Holiday Open House.
¾ Speaking opportunity for a The Dallas Morning News employee prior to the free
performance.

Genghis Khan: The Exhibition –


¾ Booth at Free Family Event on June 5, 2011 for promotion of The Dallas
Morning News.
¾ Opportunity for The Dallas Morning News to sample products or provide
giveaways for IAC patrons, such items to be approved by IAC Executive
Director.
¾ Listing on Sponsor signage at the main IAC entrance to Genghis Khan: The
Exhibition.
¾ Free facility space for a VIP/Employee reception for up to 30 guests (drinks and
food not provided and subject to IAC rules and procedures).
¾ 2 for 1 discount for The Dallas Morning News employees who show their
employee identification at the IAC Box Office (individual exhibit tickets are $12,
discount is 2 tickets for $12).
¾ 150 exhibition tickets for The Dallas Morning News to use at its discretion
¾ 6 invitations to the VIP Opening Reception 5/11

• 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.

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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

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Community Services Sponsorship Guidelines

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.

2. The community services representative must approve, in advance of


publication, all uses of the newspaper's name and/or logo.

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.

4. A maximum of four logos, including The Morning News’ logo will be


permitted in each community services ad. The Morning News and other
sponsors at a comparable level of commitment should be the only logos in
the ads that appear in The Morning News as part of this sponsorship
commitment. The Morning News will only recognize in sponsorship
advertising those media outlets who reciprocate our recognition in
promotions tied with the event.

5. The Morning News must be prominently recognized at the event, with


signage and/or on-site announcements. The placement of banners or lobby
signs and the wording of announcements should be approved by the project
coordinator. These signs/banners will be provided to you and must be
returned in good condition within 72 hours after the event. Please advise
your coordinator at least two weeks in advance how many signs/banners
you will need.

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.

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The Dallas Morning News Sponsorship Guidelines


Page 2

7. Your Community Services representative will supply you with electronic

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.

9. Regarding ad placement in the newspaper, specific sections (GUIDE,


GuideDaily, Metro, A Section, etc.) may be requested, but positioning within
these sections cannot be guaranteed. Ads that are part of The Morning News'
sponsorship commitment occasionally are "bumped" from one section to
another without prior notice. In such cases, the linage is still counted against
the allotted budget.

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.

12. The Morning News' agreement to sponsor an event/program does not


guarantee news coverage. You should work directly with the news
department to arrange coverage. Your community services representative
will be happy to make suggestions regarding who you should contact. Please
remember to send separate press releases to your representative and your
news department contact. If you wish to be considered for the listing in
GUIDE, send an additional release directly to the GUIDE Editor.

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The Dallas Morning News Sponsorship Guidelines


Page 3

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.

15. When emailing ads to your Community Services representative, always


provide the date(s), section, in the body of the email. If you are running the
same ad for several insertions, you must specify this in your email.

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.

Packet Pg. 195


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Run of Press (R.O.P.) Measurements


Daily and Sunday (6 Column Ads)

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)

Ad Width Inches Ad Width Inches


1 column 1.83” 1 column 1.83”

2 columns 3.79” 2 columns 3.79”

3 columns 5.75” 3 columns 5.75”

4 columns 7.72” 4 columns 7.72”

5 columns 9.66” Full-page tabloid depth is 11 inches

Full-page tabloid depth is 11 inches

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.

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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.

Signature of event representative

Name of organization Date

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AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3570


Recommending Department: Financial Services LSR No: 11421

Resolution -- Approving the Agreement Between the City of Irving and


Deer Oaks EAP Services, L.L.C., for Employee Assistance Program (EAP)
Utilizing Public Employee Benefits Alliance (PEBA) Agreement
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item is recommended by Financial Services – Employee Benefits.
3. Impact: This benefit program continues to provide family counseling services to
employees and supervisors, and is available for all full-time and part-time
employees and their dependents.
4. This program covers a wide range of work and home issues from everyday
concerns to more serious problems. It provides professional services, such as
substance abuse, anxiety disorder, grief, depression, and other mental health
counseling. In addition, topics are individually tailored to meet the needs of the
employer and employees.
5. The annual estimated amount will be $32,880.00 for this three-year contract, and
funding will be from the General Fund.
Recommendation
The resolution be approved.

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)

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23

CURRENT YEAR FINANCIAL IMPACT:


1001-0871-56410-100 Budget: $0 Actual: $0
Budget Adjustment/Transfer Required: No

REVISION INFORMATION:
Prepared: 9/7/2010 12:05 PM by Marsha Hughes
Last Updated: 9/14/2010 10:55 AM by Darlene Rush

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3570)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Deer Oaks EAP Services, L.L.C., in the net estimated amount of
$32,880.00 for the period of October 1, 2010, through September 30, 2011; in the net
estimated amount of $32,880.00 for the period of October 1, 2011, through
September 30, 2012; in the net estimated amount of $32,880.00 for the period of
October 1, 2012, through September 30, 2013; and in the net estimated amount of
$8,220.00 for the period of October 1, 2013, through December 31, 2013, subject to
funds being appropriated in Fiscal Years 2011-12, 2012-13, and 2013-14, for the
Employee Assistance Program utilizing the Public Employee Benefits Alliance, and
the Mayor is authorized to execute the said agreement.

SECTION II. THAT this expenditure shall be charged to 1001-0871-56410-100.

SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________
Max S. Duplant, CPA
Chief Financial Officer

Packet Pg. 200


23

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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Attachment: RES Employee Assistance Program Services Agreement (3570 : 0830P Employee Assistance Program)
24

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3577


Recommending Department: Information Technology LSR No: N/A

Resolution -- Approving the Leases with Xerox for Replacement Copiers


Utilizing the State of Texas Cooperative Purchasing Program or The
Cooperative Purchasing Network (TCPN) Program
Administrative Comments
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
2. This item has been recommended by Information Services.
3. Impact: These leased replacement copiers will provide the City with more
technically advanced products at an estimated annual cost avoidance of
$64,927.20.
4. After an extensive evaluation process, Information Technology standardized the
City’s copiers by selecting Xerox as the manufacturer and establishing three models
as the City’s standard copier replacements. It is also recommended that the City
continue leasing copiers using a 48-month lease option to avoid upfront purchase
costs and recurring maintenance costs.
5. The City currently has 78 leased copiers of which 47 leases have expired or will be
expiring this upcoming fiscal year and 46 of these need replacement. The
remaining 31 copiers will be replaced with the standard units using the best pricing
available through either the State of Texas or TCPN purchasing programs as their
leases expire.
6. Information Technology and Xerox worked closely with individual departments to
determine each department’s specific needs and selected the appropriate options
that best fit those needs.
7 All replacement units will have the Image Overwrite Security package option to
ensure the integrity of sensitive data.
8. The City also participates in Xerox’s Recycling program for returning/recycling used
toner and print cartridges.
9. The annual estimated amount will be $157,378.20 for the 48-month leases, and
funding will be from various funds.
Recommendation
The resolution be approved.

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

Packet Pg. 214


24

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)

CURRENT YEAR FINANCIAL IMPACT:


Various Budget: $0.00 Est. Award: $0.00
Budget Adjustment/Transfer Required: No

REVISION INFORMATION:
Prepared: 9/8/2010 03:48 PM by Darlene Rush
Last Updated: 9/14/2010 09:59 AM by Darlene Rush

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3577)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:


SECTION I. THAT the City Council hereby approves the 48-month leases from Xerox in the net
estimated amount of $157,378.20 for the time period of October 1, 2010, through
September 30, 2011; in the net estimated amount of $157,378.20 for the period of
October 1, 2011, through September 30, 2012; in the net estimated amount of
$157,378.20 for the period of October 1, 2012, through September 30, 2013; and in
the net estimated amount of $157,378.20 for the period of October 1, 2013, through
September 30, 2014, subject to funds being appropriated in Fiscal Years 2011-12,
2012-13, and 2013-14, for Copiers utilizing the State of Texas Cooperative Program
or The Cooperative Purchasing Network (TCPN) Program, and awards the leases to
said company in said amounts, and authorizes the Mayor to execute any necessary
contract.

SECTION II. THAT this expenditure shall be charged to various accounts.

SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.


__________________________________
Max S. Duplant, CPA
Chief Financial Officer

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 23, 2010.

________________________________
HERBERT A. GEARS
MAYOR

ATTEST:

_______________________________
Shanae Jennings
Acting City Secretary

APPROVED AS TO FORM:

_______________________________
Charles R. Anderson
City Attorney

Packet Pg. 217


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 l y
T W
Arts Center 3333 N MacArthur Blvd 75062 C XEROX UTU102849 C 10/1/2010 $725.77 90,000 35,000 75,000 5745 154.06 82.05 11.26 Included 4.22 Included 1.67 73.52 $326.78
P
T P
C
Arts Center 3333 N MacArthur Blvd 75062 C XEROX URT955449 C 1/4/2011 $164.78 18,000 7,500 75,000 5745 154.06 82.05 11.26 Included 4.22 included $251.59
P 2
C i
CIP-Engineering - Las
5964 N O'Connor 75061 I CANON MQU13395 r 3/30/2010 $111.18 18,000 75,000 5745 154.06 82.05 11.26 Included 4.22 included $251.59
Colinas
S 2
C i
CIP-Engineering/Insp 146 N Briery Road 75060 CANON MQU12389 4/13/2010 $119.13 18,000 75,000 5745 154.06 82.05 11.26 Included 4.22 included $251.59
I r
25,500
W B/W and
C 3,000
T
P
C Color, All
City Attorney's Office 825 W Irving Blvd 75060 XEROX UTU900689 2 3/3/2011 $765.24 30,000 16,400 9201 765.92 Included Included Included Included Included $765.92
P excess
7
N prints are
5
H .0199
each
T W
City Attorney's Office -
305 N O'Connor Blvd 75061 C XEROX URR053892 C 3/7/2011 $201.54 6,000 2800 75,000 5745 154.06 82.05 11.26 Included 4.22 included $251.59
Prosecutor
P P
T W
Code Enforcement 825 W Irving Blvd 75060 C XEROX UTU901133 C 3/3/2011 $455.21 30,000 28,200 75,000 5745 154.06 82.05 11.26 Included 4.22 included $251.59
P P
T A
Convention & Visitors
222 Las Colinas Blvd W 75039 C SHARP 4500033X R 1/8/2008 $447.80 180,000 75,000 5755 194.16 100.05 16.05 Included 7.77 Included $318.03
Bureau
P
T W
Corp Comm 825 W Irving Blvd 75060 XEROX URT957742 3/9/2011 $291.86 30,000 3000 75,000 5745 154.06 82.05 11.26 Included 4.22 Included $251.59
C C
T W
Corp Comm - ICTN 233 S Rogers Rd 75060 XEROX UTU901154 3/3/2011 $381.51 15,000 2,400 75,000 5745 154.06 Included $154.06
C C
C i
Finance/Accounting 825 W Irving Blvd 75060 CANON KCC22206 4/20/2010 $298.51 Will not replace
I r
T W
Finance-Cust Service- C C
825 W Irving Blvd 75060 XEROX URT959021 3/3/2011 $340.86 12,000 15,600 75,000 5745 154.06 82.05 11.26 Included 4.22 Included $251.59
1st Floor Civic Ctr. P P
N 2
T W
Fire Department-1st 845 W Irving Blvd 75060 C XEROX UTV811117 C 3/9/2011 $310.68 9,000 3500 75,000 5745 154.06 82.05 Included 4.22 Included $240.33
P P
T W
Color:1,500
Fire Department-2nd 845 W Irving Blvd 75060 C XEROX TFN701416 C 3/10/2011 $545.45 30,000 75,000 5745 154.06 82.05 Included 4.22 Included 1.67 $242.00
P P
B/W:15,000
T W
Information Tech. 825 W Irving Blvd 75060 XEROX URR053985 3/3/2011 $211.69 9,000 9,000 75,000 5745 154.06 82.05 11.26 Included 4.22 Included $251.59
C C
C I
Library 801 W Irving Blvd 75060 I CANON MPH59313 R 12/17/2008 $298.51 150,000 75,000 5745 154.06 82.05 11.26 Included Included $247.37
S 3
C I
Library 801 W Irving Blvd 75060 I CANON MPH59316 R 12/17/2008 $298.51 150,000 75,000 5745 154.06 Included 1.67 49 3.28 $208.01
S
C 3
I
Library 801 W Irving Blvd 75060 I CANON MPH59314 R 12/17/2008 $298.51 150,000 75,000 5745 154.06 Included 1.67 49 3.28 $208.01
S
C I3
Library 801 W Irving Blvd 75060 I CANON JCT05235 R 12/17/2008 $412.51 150,000 75,000 5745 154.06 82.05 Included Included $236.11
S
C I5
Library 801 W Irving Blvd 75060 I CANON JCT05201 R 12/17/2008 $412.51 150,000 75,000 5745 154.06 82.05 Included Included $236.11
S
C 5
I
Library 2928 N. Beltline Rd. 75062 I CANON MPH59304 R 12/17/2008 $298.51 150,000 75,000 5745 154.06 82.05 Included Included 1.67 49 3.28 $290.06
S
C I3
2216 W. Shady Grove
Library 75060 I CANON MPH59309 R 12/17/2008 $298.51 150,000 75,000 5745 154.06 Included 1.67 49 3.28 $208.01
Rd.
S
C 3
I
Library 440 S. Nursery Rd. 75060 I CANON MPH59291 R 12/17/2008 $298.51 150,000 75,000 5745 154.06 Included 1.67 49 3.28 $208.01
S
C 3
I
Library 401 Cimarron Trl. 75063 I CANON MPH59300 R 12/17/2008 $298.51 150,000 75,000 5745 154.06 Included 1.67 49 3.28 $208.01
S 3
252/EFI with
D Advanced
C
VGW616601 2 Production Copier Included
I Finishing and
Packet Pg. 218

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

Current 48- Proposed


$259,708.80 Total - 48 Months Cost Avoidance $889,221.60
Months
Pricing and Options Confirmed by Shauna Swenholt, Xerox Representative 9/14/10 48 Months
$629,512.80

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

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3545


Recommending Department: Financial Services LSR No:

Ordinance -- Final Reading - Amending Chapter 52 Entitled “Water and


Sewer Rates” of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Revenue projections under current rates are not sufficient to meet
debt coverage requirement goals. In order to provide for the operational
needs of the water and sewer system and meet commitments made to rating
agencies, staff recommends a 5.1% adjustment to both water and sewer
rates.
3. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
4. A fee of $2.25 is recommended to cover the cost of service for the providing
duplicate municipal services bill statements.
Recommendation
The ordinance be adopted.

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

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 8/24/2010 02:35 PM by Winnie Hunter
Last Updated: 9/14/2010 05:35 PM by Winnie Hunter

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ORDINANCE NO. ORD-2010-9205

AN ORDINANCE AMENDING CHAPTER 52 ENTITLED “WATER AND SEWER RATES” OF


THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS,
PROVIDING FOR NEW MONTHLY WATER AND SEWER RATES; PROVIDING SEWER
USER'S CHARGE FOR NEW RESIDENTIAL AND COMMERCIAL CUSTOMERS AND FOR
CUSTOMERS NOT PURCHASING CITY WATER; PROVIDING FOR SECURITY DEPOSITS;
PROVIDING FOR INSPECTIONS; PROVIDING FOR PAYMENT AGREEMENTS; PROVIDING
ASSESSMENT OF MISCELLANEOUS ACCOUNT SERVICE FEES; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

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:

Sec. 52-1. Monthly water rates.

The following monthly rates are hereby established and shall be collected for water services
furnished through the facilities of the City of Irving:

(a) Monthly service charge.

The following monthly service charges, based on meter size, include the first 3,000 gallons of
consumption:

5/8” meter .........................................................................................................$ 8.82


3/4” meter ......................................................................................................... 8.82
1” meter............................................................................................................. 10.69
1 1/2" meter....................................................................................................... 15.00
2” meter............................................................................................................. 21.16
3” meter............................................................................................................. 34.07
4” meter............................................................................................................. 47.70
6” meter............................................................................................................. 83.43
8” meter............................................................................................................. 105.38
10” meter........................................................................................................... 153.17
12” meter........................................................................................................... 228.07

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(b) Monthly usage charge.

(1) Residential water rates:

Next 7,000 gallons of water, per 1,000 gallons ............................................$ 3.62


Next 10,000 gallons of water, per 1,000 gallons .......................................... 3.81

All over 20,000 gallons:


October—May consumption, per 1,000 gallons ...........................................$ 3.97
June—September consumption, per 1,000 gallons........................................ 4.31

(2) Apartment water rates:

Next 7,000 gallons of water, per 1,000 gallons ............................................$ 3.62


Next 10,000 gallons of water, per 1,000 gallons .......................................... 3.81
All over 20,000 gallons:
October—May consumption, per 1,000 gallons ...........................................$ 3.97
June—September consumption, per 1,000 gallons........................................ 4.20

(3) Commercial water rates:

Next 7,000 gallons of water, per 1,000 gallons ............................................$ 3.62


Next 10,000 gallons of water, per 1,000 gallons .......................................... 3.81
All over 20,000 gallons:
October—May consumption, per 1,000 gallons ...........................................$ 3.97
June—September consumption, per 1,000 gallons........................................ 4.20

(4) Large industrial water rates:

All over 3,000 gallons of water, per 1,000 gallons........................................$ 3.40

(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:

Sec. 52-3. Monthly sewer rates.

The following monthly rates are hereby established and shall be collected for sewerage services
furnished by the City of Irving:

(a) Residential user charge:1


Monthly service charge..................................................................................$ 5.13
Over 2,000 gallons, per 1,000 gallons ........................................................... 2.81
In addition to the monthly service charge per meter, a master-metered residential service
location shall pay an amount equal to one minimum monthly service charge for sewer service
for each dwelling unit.

New residential customer:


The maximum bill shall not exceed $35.00 per month for single-family residential service
locations until a three-month average has been established as described in section 52-5.

(b) Commercial user charge:1


Monthly service charge .................................................................................$ 26.65
Over 10,000 gallons, per 1,000 gallons ......................................................... 2.93
(c) Industrial User Charge:2
Monthly service charge..................................................................................$ 39.99
Over 15,000 gallons, per 1,000 gallons ......................................................... 2.93
1
Sewer charges for each year shall be computed on the basis of the average monthly metered
water consumption for January, February, and March of each year as reflected in the bills
received by customers for the months of February, March, and April. Reading dates for these
periods being approximately January 16 through April 15 varying year to year as actual water
billing cycles occur.

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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Sec. 52-7. Deposits.

(a) General rule.

(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:

Sec. 52-9. Inspections.

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:

Sec. 52-15. Payment agreements.

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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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:

Sec. 52-17. Assessment of miscellaneous account service fees.

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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AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3561


Recommending Department: Intergovernmental Services LSR No: 11364

Ordinance -- Final Reading - Approving an Agreement Between the Atmos


Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division
Regarding the Company’s Rate Review Mechanism Filing, Steel Pipeline
Replacement Program, and Continuation of the Rate Review Mechanism
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Approval of the ordinance will implement a negotiated settlement with
Atmos Energy Corp.
3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a
settlement addressing the Company's third Rate Review Mechanism (RRM) filing.
4. After review of the ACSC settlement team, it was determined that the evidence
supported a $27 million increase over current rates, and not the $70.2 million
proposed by the Company.
5. The outcome of this settlement is equal to or better than the outcome expected from
a lengthy contested case proceeding, and maintains cities' role as a regulator of
natural gas rates.
6. Ordinance approval also includes an additional authorized $3.4 million for
replacement costs of steel pipelines throughout the Atmos service area.
7. The monthly bill impact for the average residential customer will be a $1.40
increase (about a 3.15% increase in the total bill).
8. Approval of the ordinance would continue the RRM process for another two
years. This is the second of three required readings.
Recommendation
The ordinance be adopted.

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)

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CURRENT YEAR FINANCIAL IMPACT:


NONE

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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ORDINANCE NO. ORD-2010-9206

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, APPROVING A


NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND
ATMOS ENERGY CORP., MID-TEX DIVISION, REGARDING THE COMPANY’S THIRD RATE
REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION;
DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO
REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT
AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND
REASONABLE; APPROVING ATMOS MID-TEX’S PROOF OF REVENUES; EXTENDING THE
RATE REVIEW MECHANISM PROCESS FOR TWO CYCLES AND ADOPTING A NEW RATE
REVIEW MECHANISM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING
COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT PROGRAM; ADOPTING A
SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;
DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO
THE COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL.

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, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities’


reasonable expenses associated with RRM applications; 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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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 Steering Committee has entered a Settlement Agreement (“Attachment C” to


this ordinance) with Atmos Mid-Tex to: (1) increase base rate revenues by $27 million; (2) extend the
RRM process, with modifications for an additional two cycles and to thereafter require the filing of a
system-wide Statement of Intent rate case on or before June 1, 2013; and (3) in the interim to allow
current recovery of incremental direct costs of the steel service line replacement program in rates set
via this ordinance and in future RRMs; 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;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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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SECTION 4. That the Settlement Agreement, attached as Attachment C, which includes in


addition to resolution of the Third RRM: (1) extension of a modified RRM process; (2) requirement
that Atmos Mid-Tex file a system-wide Statement of Intent rate case on or before June 1, 2013; and (3)
current recovery of incremental direct costs for a steel service line replacement program, is hereby
ratified.

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

-4-
Packet Pg. 233
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

-5-
Packet Pg. 234
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.

Packet Pg. 235


26.a
Page 2

Purpose of the Ordinance


Rates cannot change and the Settlement Agreement with Atmos cannot be implemented without passage
of rate ordinances by cities. The purpose of the ordinance is to approve rate tariffs and Proof of Revenues
that reflect the negotiated rate change pursuant to the RRM process and to ratify a Settlement Agreement
recommended by the ACSC Settlement Committee and Executive Committee. As a result of the
negotiations, ACSC was able to reduce the requested $70.2 million RRM increase to $27 million. Approval
of the ordinance will result in the implementation of new rates that increase Atmos revenues effective
October 1, 2010. The Settlement Agreement to be ratified by the ordinance also authorizes an extension of
the RRM process, in modified form to eliminate the true-up component, for an additional two filings.
Additionally, the Settlement Agreement addresses the Atmos steel service line replacement program and

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.

Reasons Justifying Approval


During the time that the City has retained original jurisdiction in this case, consultants working on behalf of
ACSC cities have investigated the support for the requested rate increase. While the evidence does not
support the $70.2 million increase requested by the Company, ACSC consultants agree that the Company
can justify an increase in revenues of $21 million. The agreement on $27 million is a compromise between
the positions of the parties. The Settlement Agreement includes an allowance for recovery of direct costs,
excluding overheads, of the steel service line replacement program. Current year recovery factors shall be
$00.15 for residential customers and $00.41 for commercial customers per month. The rates will be
adjusted annually, but shall be capped at $00.44 cents for residential customers and $1.22 for commercial
customers. The alternative to a settlement of the RRM filing would be a contested case proceeding before
the Railroad Commission on the Company’s current application, would take several months and cost
ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable
than that to be produced by the settlement.

Steel Service Line Replacement


Under pressure from the Railroad Commission to establish a comprehensive program to replace service
lines that contain steel which is subject to corrosion and leaks, ACSC has worked with Atmos to establish a
risk based approach to steel service line replacement that accomplishes the following goals:

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.

Packet Pg. 236


26.b

Packet Pg. 237


Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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26.b

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26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
26.b

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Attachment: Ordinance Attachments (ORD-2010-9206 : 30: Approving Atmos Rate Review Mechanism)
a

Packet Pg. 262


Attachment: ZoningCases&CompanionItems [Revision 1] (3593 : ZCaseAndCompItem)
27

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3587


Recommending Department: Planning & Inspections LSR No: N/A

Resolution -- Approving Special Sign Permit Case No. S1009-0010 to Allow


a Digital Sign - Property Located at 100 W. Oakdale Road - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for Nimitz High School at 100 W. Oakdale Road. The existing
marquee sign will be removed.
4. The proposed monument sign is 6.2 feet tall and 14.1 feet wide, with a 3.3’ X 9.5’
(31.35 sq. ft.) electronic message sign, and will be set back approximately 15 feet
from the curb line on Oakdale. The sign cabinet will be constructed of a masonry
body with columns and top caps. Overall, the cabinet’s design complements the
architecture of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.

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)

Packet Pg. 263


27

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/14/2010 02:45 PM by Sharon Brown
Last Updated: 9/17/2010 11:01 AM by Steven Reed

Packet Pg. 264


27

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3587)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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

Packet Pg. 265


27.a

Packet Pg. 266


Attachment: A: RES "Exhibit A" Proposed Sign (3587 : 11 APR Special Sign Permit S1009-0010)
27.b

Packet Pg. 267


Attachment: B: Legal Description (3587 : 11 APR Special Sign Permit S1009-0010)
27.c

Packet Pg. 268


Attachment: C: Letter of Explanation (3587 : 11 APR Special Sign Permit S1009-0010)
27.d

Packet Pg. 269


Attachment: D: Special Sign Permit Application (3587 : 11 APR Special Sign Permit S1009-0010)
28

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3588


Recommending Department: Planning & Inspections LSR No: N/A

Resolution -- Approving Special Sign Permit Case No. S1009-0016 to Allow


a Digital Sign - Property Located at 4601 N. MacArthur Boulevard - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for the Jack E. Singley Academy at 4601 N. MacArthur Blvd.
The existing marquee sign will be removed.
4. The proposed monument sign is 6.2’ tall and 13.7’ wide, with a 2.7.5’ X 8.8’ (24.2 sq.
ft.) electronic message sign, and will be set back approximately 10 feet from the
curb line on North MacArthur Blvd. The sign cabinet will be constructed of a
masonry body with columns and top caps. Overall, the cabinet’s design
complements the architecture of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.

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)

Packet Pg. 270


28

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/14/2010 02:50 PM by Sharon Brown
Last Updated: 9/17/2010 11:00 AM by Steven Reed

Packet Pg. 271


28

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3588)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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

Packet Pg. 272


28.a

Packet Pg. 273


Attachment: A: RES "Exhibit A" Proposed Sign (3588 : 11 APR Special Sign Permit S1009-0016)
28.b

Packet Pg. 274


Attachment: B: Legal Description (3588 : 11 APR Special Sign Permit S1009-0016)
28.c

Packet Pg. 275


Attachment: C: Letter of Explanation (3588 : 11 APR Special Sign Permit S1009-0016)
28.d

Packet Pg. 276


Attachment: D: Special Sign Permit Application (3588 : 11 APR Special Sign Permit S1009-0016)
29

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3590


Recommending Department: Planning & Inspections LSR No: N/A

Resolution -- Approving Special Sign Permit Case No. S1008-0025 to Allow


a Digital Sign - Property Located at 101 E. Union Bower Road - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for the Barbara Cardwell Career Preparatory Center at 101 E.
Union Bower Road.
4. The proposed monument sign is 6.2 feet tall and 14.1 feet wide, with a 3.3’ X 8.6’
(28.38 sq. ft.) electronic message sign, and will be set back approximately 20 feet
from the curb line on Union Bower. The sign cabinet will be constructed with a
masonry body with columns and top caps. Overall, the cabinet’s design
complements the architecture of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.

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)

Packet Pg. 277


29

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/14/2010 04:54 PM by Sharon Brown
Last Updated: 9/17/2010 10:52 AM by Steven Reed

Packet Pg. 278


29

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3590)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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

Packet Pg. 279


29.a

Packet Pg. 280


Attachment: A: RES "Exhibit A" Proposed Sign (3590 : 11 APR Special Sign Permit S1008-0025)
29.b

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Attachment: B: Legal Description (3590 : 11 APR Special Sign Permit S1008-0025)
29.b

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Attachment: B: Legal Description (3590 : 11 APR Special Sign Permit S1008-0025)
29.c

Packet Pg. 283


Attachment: C: Letter of Explanation (3590 : 11 APR Special Sign Permit S1008-0025)
29.d

Packet Pg. 284


Attachment: D: Special Sign Permit Application (3590 : 11 APR Special Sign Permit S1008-0025)
29.d

Packet Pg. 285


Attachment: D: Special Sign Permit Application (3590 : 11 APR Special Sign Permit S1008-0025)
30

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3589


Recommending Department: Planning & Inspections LSR No: N/A

Resolution -- Approving Special Sign Permit Case No. S1008-0026 to Allow


a Digital Sign - Property Located at 900 N. O’Connor Road - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for Irving High School at 900 N. O’Connor Road. The existing
marquee sign will be removed.
4. The proposed monument sign is 6.8’ tall and 14.1’ wide, with a 3.3’ X 9.5’ (30 sq. ft.)
electronic message sign, and will be set back approximately 21 feet from the curb
line on O’Connor. The sign cabinet will be constructed of a masonry body with
columns and top caps. Overall, the cabinet’s design complements the architecture
of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.

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)

Packet Pg. 286


30

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/14/2010 04:46 PM by Sharon Brown
Last Updated: 9/17/2010 10:56 AM by Steven Reed

Packet Pg. 287


30

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3589)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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

Packet Pg. 288


30.a

Packet Pg. 289


Attachment: A: RES "Exhibit A" Proposed Sign (3589 : 11 APR Special Sign Permit S1008-0026)
30.b

Packet Pg. 290


Attachment: B: Legal Description (3589 : 11 APR Special Sign Permit S1008-0026)
30.b

Packet Pg. 291


Attachment: B: Legal Description (3589 : 11 APR Special Sign Permit S1008-0026)
30.c

Packet Pg. 292


Attachment: C: Letter of Explanation (3589 : 11 APR Special Sign Permit S1008-0026)
30.d

Packet Pg. 293


Attachment: D: Special Sign Permit Application (3589 : 11 APR Special Sign Permit S1008-0026)
30.d

Packet Pg. 294


Attachment: D: Special Sign Permit Application (3589 : 11 APR Special Sign Permit S1008-0026)
31

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3591


Recommending Department: Planning & Inspections LSR No: N/A

Resolution -- Approving Special Sign Permit Case No. S1008-0027 to Allow


a Digital Sign - Property Located at 3700 N. MacArthur Boulevard - Charter
Builders, Applicant - Irving Independent School District, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would allow the Irving Independent School District
to have an electronic message board at the entrance of a school to inform the
community of events and announcements.
3. This sign is proposed for MacArthur High School at 3700 N. MacArthur Blvd. The
existing marquee sign will be removed.
4. The proposed monument sign is 6.2 feet tall and 12.3 feet wide, with a 3.3’ X 9.4’
(31.02 sq. ft.) electronic message sign, and will be set back approximately 36 feet
from the curb line on North MacArthur Blvd. The sign cabinet will be constructed of
a masonry body with columns and top caps. Overall, the cabinet’s design
complements the architecture of the main building.
5. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a full color display.
6. The proposed digital sign does not create a traffic visibility issue and will not
adversely affect the surrounding properties.
7. The sign design review committee has reviewed this request and recommends
approval.

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)

Packet Pg. 295


31

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/14/2010 04:58 PM by Sharon Brown
Last Updated: 9/17/2010 11:02 AM by Steven Reed

Packet Pg. 296


31

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3591)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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

Packet Pg. 297


31.a

Packet Pg. 298


Attachment: A: RES "Exhibit A" Proposed Sign (3591 : 11 APR Special Sign Permit S1008-0027)
31.b

Packet Pg. 299


Attachment: B: Legal Description (3591 : 11 APR Special Sign Permit S1008-0027)
31.b

Packet Pg. 300


Attachment: B: Legal Description (3591 : 11 APR Special Sign Permit S1008-0027)
31.c

Packet Pg. 301


Attachment: C: Letter of Explanation (3591 : 11 APR Special Sign Permit S1008-0027)
31.d

Packet Pg. 302


Attachment: D: Special Sign Permit Application (3591 : 11 APR Special Sign Permit S1008-0027)
31.d

Packet Pg. 303


Attachment: D: Special Sign Permit Application (3591 : 11 APR Special Sign Permit S1008-0027)
32

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3572


Recommending Department: Planning & Inspections LSR No: N/A

Ordinance -- Zoning Case #ZC10-0018 - Granting S-P-2 (Generalized Site


Plan) for C-O (Commercial Office) and Parking Uses - Approximately 4.7
Acres Located at the Northwest Corner of Riverside Drive and Teleport
Boulevard - Riverside Commons Holdings, LLC, Applicant - One Realco
Land Holdings, Inc., Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation:
September 7, 2010 - Favorable 8-0 (Commissioner Foust, absent).
3. The Comprehensive Plan recommends Mixed Use uses for this property. The
proposed uses are in conformance with the Comprehensive Plan.
4. The subject property is currently undeveloped. The applicant is seeking to build a
306-space surface parking lot in “Phase 1” to exclusively serve the overflow parking
needs for Research In Motion (“RIM”) located at 5000 – 5040 Riverside Drive,
immediately south of the subject property. Construction of a building on site for C-O
(Commercial Office) uses is permitted in Phase 1, provided that parking for the new
building be on site and only the “remainder” parking could be used by the RIM
facility.
5. The applicant is also seeking approval of a “Phase 2” site plan that includes a
parking garage and potentially a future office building. The parking garage may also
be used by the RIM facility, but must also accommodate the parking for any new
building constructed on the site.
6. The Phase 2 parking garage may be as tall as eight (8) stories and contain up to
1100 parking spaces. If the parking garage is initially constructed at less than the
maximum height or parking spaces, the garage shall be designed to accommodate
future expansion up to the maximum height or parking count in order to
accommodate future office construction on the site while maintaining an adequate
supply of parking for the RIM facility.
7. The parking garage must have exterior façades that provide an “aesthetically
pleasing” front that is architecturally similar to an office façade facing Riverside
Drive and Teleport Blvd., which is the location of the future DART Orange Line.
8. All surface parking shall be removed upon completion of the parking garage.
9. The site plan includes a special provision that allows staff authority to approve
minor modifications to building materials, location of building articulation, and
landscaping, and may request additional building design features and landscaping
to offset reduced landscaping and articulation at areas that do not face Riverside
Drive or Teleport Blvd. This will allow the applicant to design the parking garage at
a future date in accordance with the standards that are in place at that time without

Packet Pg. 304


32

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)

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/7/2010 05:02 PM by Sharon Brown
Last Updated: 9/16/2010 01:05 PM by Sharon Brown
-2-
Packet Pg. 305
32

ORDINANCE NO. (ID # 3572)

ZONING CASE NO. ZC10-0018


ZONING CLASSIFICATION – S-P-2

AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING


ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE LAS COLINAS URBAN
CENTER AND LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND
TELEPORT BOULEVARD, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A
ATTACHED HERETO; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM S-P-2
SITE PLAN DISTRICT USE FOR FWY USES UNDER ORDINANCE NO. 1144, AS AMENDED
TO S-P-2 SITE PLAN DISTRICT USE FOR C-O AND PARKING USES UNDER ORDINANCE
NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO
LAND USE; CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO.
1144; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE
PURPOSE OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE;
PROVIDING THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE
ZONING ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.

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. 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;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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.

-2-
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.

-3-
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

-4-
Packet Pg. 309
32.a

Packet Pg. 310


Attachment: B: September 7, 2010 Planning and Zoning Meeting Minutes (3572 : 11 - ZC10-0018)
32.b

Packet Pg. 311


Attachment: C: Vicinity Map (3572 : 11 - ZC10-0018)
32.c

Packet Pg. 312


Attachment: D: Surrounding Zoning Map (3572 : 11 - ZC10-0018)
32.d

Packet Pg. 313


Attachment: E: Property Owner Notification Map and List (3572 : 11 - ZC10-0018)
32.d

Packet Pg. 314


Attachment: E: Property Owner Notification Map and List (3572 : 11 - ZC10-0018)
32.e

Packet Pg. 315


Attachment: F: Landscape Map Phase 1 (3572 : 11 - ZC10-0018)
32.f

Packet Pg. 316


Attachment: G: Landscape Map Phase 2 (3572 : 11 - ZC10-0018)
32.g

Packet Pg. 317


Attachment: H: Site Plan Map Phase 1 (3572 : 11 - ZC10-0018)
32.h

Packet Pg. 318


Attachment: I: Site Plan Map Phase 2 (3572 : 11 - ZC10-0018)
32.i

Packet Pg. 319


Attachment: J: Public Comment Form in Opposition (3572 : 11 - ZC10-0018)
32.j

Packet Pg. 320


Attachment: A: City Council Memo (3572 : 11 - ZC10-0018)
32.j

Packet Pg. 321


Attachment: A: City Council Memo (3572 : 11 - ZC10-0018)
32.k

Packet Pg. 322


Attachment: K: Protest Analysis Map (3572 : 11 - ZC10-0018)
33

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3524


Recommending Department: Planning & Inspections LSR No: N/A

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 (Postponed from
September 9, 2010 City Council Meeting)
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation:
August 2, 2010 - Favorable 5-2 with the stipulation that the site plan be corrected
per the staff recommendation (Commissioners Allen and Fischer, nay;
Commissioners Palmer and LaRose, absent).
3. The applicant is requesting to rezone the property to redevelop the site with six (6)
new single family homes.
4. The Comprehensive Plan recommends Low Density Residential uses for this
property. This request is in conformance it the Comprehensive Plan.
5. 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.
6. This property is currently zoned R-7.5 which would typically allow 7500 sq. ft. lots.
Prior to last year, this property could have been platted as proposed by the
applicant without the need for a public 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 the
adjacent developed lots or tracts. This provides an opportunity for neighborhood
input and City Council discretion when these infill development opportunities occur.
7. The applicant is proposing lot sizes ranging from 9,084 square feet to 12,059
square feet, with an average lot size of 10,154 sq. ft. The surrounding lots and
tracts range from 9,900 to 38,715 square feet. Since the average proposed lot size
is less than 80% of the average lot size of the existing adjacent lots as defined by
the ordinance, rezoning is required prior to platting the property.
8. The notes on the site plan require the following standards:
• The minimum house size shall be 2,200 square feet, which is consistent with the
average home size of the surrounding lots;
• Exterior facades, excluding windows and doors, shall be a minimum of 80%
masonry;
• A minimum two (2) car garage with a minimum of 400 square feet will be
required for each residence. A minimum of 2 additional off-street parking spaces
shall be provided behind the front property line;

Packet Pg. 323


33

• 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.

9. Platting is required prior to development.


10. Since the proposed lot sizes are consistent with the sizes of the surrounding platted
lots, and the proposed minimum house size is consistent with the average size of
homes in the surrounding area, staff can support this request.
11. The stipulation of the Commission has been met.
12. Public notices were sent to thirty-nine (39) property owners, with 25 letters and a
petition with 19 signatures in support, and 112 letters and 9 emails in opposition
received. The opposition represents 57.12% of the property within 200 feet. A ¾
vote of the City Council is 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:
• 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)
-2-
Packet Pg. 324
33

• P: Public Comment Forms in Opposition Set 7 (PDF)


• Q: Public Comment Form in Opposition (PDF)
• R: Email in Opposition (PDF)
• S: Email in Opposition (PDF)
• T: Protest Analysis Map (PDF)
• U: Informational Memos and Map (PDF)
• V: Additional Public Comment Forms in Opposition(PDF)
• W: Letter of Opposition (PDF)
• X: Email in Opposition (PDF)
• Y: Neighborhood Concerns E-Mail (PDF)
• Z: Additional Public Comment Forms in Favor (PDF)

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 8/17/2010 01:58 PM by Sharon Brown
Last Updated: 9/16/2010 04:21 PM by Steven Reed

-3-
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33

ORDINANCE NO. ORD-2010-9207

ZONING CASE NO. ZC10-0030


ZONING CLASSIFICATION – S-P-2

AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING


ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE S. P. MONTGOMERY
SURVEY, ABSTRACT NO. 889, AND LOCATED AT 1412 EAST UNION BOWER ROAD, MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A ATTACHED HERETO; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM R-7.5 SINGLE FAMILY DISTRICT USE
UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR
R-7.5 USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN
ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR SPECIAL
CONDITIONS AND REGULATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL
ZONING MAP ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE
WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE
DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES
OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A
PENALTY.

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;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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.

-2-
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.

-3-
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

-4-
Packet Pg. 329
33.a

City of Irving, Texas

City Council Agenda Item Summary

Zoning Case #ZC10-0030


1412 E. Union Bower Road
Agenda Date: September 9, 2010
Case Manager: Sheba Ward

Owner: Carole Bogart

Attachment: A: City Council Memo (ORD-2010-9207 : 11 - ZC10-0030)


Applicant: JDJR Engineers and Consultants, Inc.

Location: 1412 E. Union Bower Road

Size: Approximately 1644 acres

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.

Department of Planning and Inspections Page 10f2


Packet Pg. 330
33.a

Zoning Case ZC1 0-0030. cont.

• 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;

Attachment: A: City Council Memo (ORD-2010-9207 : 11 - ZC10-0030)


• A minimum of two (2) car garage with a minimum of 400 square feet will be
required for each residence. A minimum of 2 additional off-street parking spaces
shall be provided behind the front property line;
• 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.
• All other requirements of the R-7.5 district will be met. Platting is required prior to
development.

Staff Recommendation
Approval.

Planning and Zoning Commission Recommendation


On August 2, 2010, the Planning and Zoning Commission recommended approval of
this request by a vote of 5-2 (Commissioners Palmer and LaRose, absent,
Commissioners Allen and Fischer, nay), subject to the site plan correctly showing in
Note NO.1 "R-7.5" instead of "R-6" and in Note No.5, changing "1,600" to "2,200"
square feet. The stipulation has been met

Packet Pg. 331


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Attachment: B: August 2, 2010 Planning and Zoning Meeting Minutes (ORD-2010-9207 : 11 - ZC10-0030)
33.b

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Attachment: B: August 2, 2010 Planning and Zoning Meeting Minutes (ORD-2010-9207 : 11 - ZC10-0030)
33.b

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Attachment: B: August 2, 2010 Planning and Zoning Meeting Minutes (ORD-2010-9207 : 11 - ZC10-0030)
33.c

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Attachment: C: Vicinity Map (ORD-2010-9207 : 11 - ZC10-0030)
33.d

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Attachment: D: Surrounding Zoning Map (ORD-2010-9207 : 11 - ZC10-0030)
33.e

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Attachment: E: Property Owner Notification Map and List (ORD-2010-9207 : 11 - ZC10-0030)
33.e

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Attachment: E: Property Owner Notification Map and List (ORD-2010-9207 : 11 - ZC10-0030)
33.e

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Attachment: E: Property Owner Notification Map and List (ORD-2010-9207 : 11 - ZC10-0030)
33.f

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Attachment: F: Site Plan (ORD-2010-9207 : 11 - ZC10-0030)
33.g

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Attachment: G: Public Comment Forms in Support (ORD-2010-9207 : 11 - ZC10-0030)
33.g

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Attachment: G: Public Comment Forms in Support (ORD-2010-9207 : 11 - ZC10-0030)
33.h

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Attachment: H: Letters in Support (ORD-2010-9207 : 11 - ZC10-0030)
33.h

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Attachment: H: Letters in Support (ORD-2010-9207 : 11 - ZC10-0030)
33.h

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Attachment: H: Letters in Support (ORD-2010-9207 : 11 - ZC10-0030)
33.i

Honorable mayor, Herbert Gears, and Irving city council.

Re: lzoning change #ZCI0-0030

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

Packet Pg. 346


33.i

PUBUCCOMMENTFORM
(Pleas. type or use black ink)

Department of Planning and Inspections

PO Box 152288

Irving, Texas 75015-2288

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.

Date, Location" Time of:


PlANNING & ZONING
COMMISSION MEETING- Monday, AUgU812, 2010, 7 porn.
City Hall, 825 W. Irving Blvd., Irving, Texaa

CITY COUNCiL MEETING: Thur9day, September 9, 2010, 7 p.m.


City Halt, 625 W.INing Blvd., Irving, Texas

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):

PI. . . provide comments ellpl.IRlng the rea80ne for y'GU[ .support . . t, p


I . ~ - "- w. •
*
,
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Packet Pg. 347


33.i

PUBLIC COMMENT FORM


(Plea•• type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

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.

Date, location & Time of:


PLANNING & ZONING
CQMMISSION MEETING: Monday, August 2, 2010, 7 pm.
City Hall. 825 W. Irving Blvd., Il"\Iing. Texas

CITY COUNgL MEETING: Thursday. September 9, 2010, 7 p.m.


City Hali, 825 W. Irving Blvd., INlng, Texas

Nam.: ;;;;;;S;;;;~=;;;;-_Gt-=-::..:.vJ_+-,--h_O_h_ _~_~__


(please print)
Addr.ss: _...;.\"\....L.:.n-'--"D_A:~'{-'-.vJ'-----O-'-O.::.D _

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

Packet Pg. 348


33.i

PUBUC COMMENT FORM


(Plea•• type 0 ' U• • bl.ck ink)

Department of Planning and Inspeeti0l18


PO So, 152288
Irving, Texas 75015-2288

.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

CITY COUNCIL MEETING: Thursday. September 9, 2010. 7 p.m.


City Han. 825 W. Irving Blvd" lIVing, Tex"

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

Packet Pg. 349


33.i

PUBLIC COMMENT FORM


(Plene type or u.se black ink)

Department of Planning aI'1d Inspections


PO Box 152288
Irving, Texas 75015-2288

-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.

Date, Location & Time of:


PLANNING & ZON!HG
COMMISSION MEETING' Monday. August 2, 2010, 7 P m.
City HillI, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.


City Hall. 825 W. Irving Blvd.• Irving, Texas

Name:

Address:

Tax Account (DCAD) Number


(if shown on enc::losed map): -::; ~ _

Signalure: .JC:':"':IIf;z,1t!~·\iI';ij;,f~q~$1'f-,1....J.e:~ ..ea:,.;;.;:.6:-;:2r.=:===::::>-".J..


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& ~r-{ """<=>0 - 10., &>(,.e..~j'=va o:;;{;;:A.


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RECEIVED sw
SEP 0120m
Deplr1ment of
Plan.log and In.pectlona

Packet Pg. 350


33.i

PUBLIC COMMENT FORM


(Pleaae type Dr use blllck ink)

Department of Planning and Inspections


PO Box 152288
Irving,;:-as 75015-2288

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.

Date, Location & Time of:


PLANNING " ZONING
COMMISSION MEETING: Monday, AuguSI 2, 2010, 7 p_m.
City HaH. 825W.lrving Blvd., Irving, Texas

cnv CQUNCIL MEETING: Thursday. September 9, 2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texae

Phone (optional):

Pi.... 7?commenta eXplaining tI'Ie rea-.n. 'or your support or opposition:


-(,&2a,M:\lk-~ hJ ~__
~.

sw
SEP 0 I 2010
OBpBrtm.'l of
Plaliing ailif InspectIon,

Packet Pg. 351


33.i

RECElVED
SEP 0 1 2D1O

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Depart..e.t .1
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Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
~

Packet Pg. 352


0' Department
SEP 0 , 2010
PII.lllg ..d Insp••llon.

RECEIVED
33.i

Packet Pg. 353


Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
33.i

A PETITION FOR ZONE CHANGE #ZCIO-OO30

WE TIlE UNDERSIGNED ARE IN FAVOR OF TIlE ABOVE ZONING CHANGE

REGARDING PROPERTY LOCATED AT 1412 E. UNION BOWER FOR TIlE

DEVELOPMENT OF SIX SINGLE FAMlLY HOMES.

Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)

Packet Pg. 354


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A PETmON FOR ZONE CHANGE #ZCIO·OO30

WE THE UNDERSIGNED ARE IN FAVOR OF THE ABOVE ZONING CHANGE

REGARDING PROPERTY LOCATED AT 1412 E. UNION BOWER FOR THE

DEVELOPMENT OF SIX SINGLE FAM1L Y HOMES.

Attachment: I: Letter, Public Comment Forms and Petition in Support (ORD-2010-9207 : 11 - ZC10-0030)
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33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zOnlng as explained on the attached pUblic notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


Cily Hall, 825 W. Irving Blvd., Irving, Texas

Name £LL
Address:

Tax Account (DCAD) Number


(if shown on enclosed map):

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'

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Packet Pg. 405


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030

I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030

Date, Location & Time of"


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name', J0h V)
(please print)
j, [) 'c Q 1/ a 3!-'-'h=
V
Q 'l
l _

Address' ) C. J 7 He 11 d"z ;;r eM. I v""


Tax Accoun! (OCAD) Number

(if shown on enclosed map): _

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

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Packet Pg. 406
33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

\ am FOR the reque~ted zoning as explained on the attached public nolice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC 10-0030.

I am AGAINST the requeslE!d zoning as explained on the attached pUblic nolice for Zoning Case
#ZC 10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thulliday. sel11","be' 9. 2O.1ll. 7 P-"'­


City Hall, 825 W. Irving Blvd., Irving, Texas

Name.
~(Tlt
(please print)
Address: 1~2-j' f.

Tax Account (DCA D) Number


(if shown on enclosed map):

Signature:

Date:

Pllone (optional):

Please provide comments explaining the reasons rOt your support or opposition:

- - - - - - - - - - - - - - - - - ' E ~~~"'----
- - - - - - - - - - - - - - - - - - s S E P Ql 2\Il1l
D pal1manl 01 .
Pli•.:. II' 'A.p·c1ID'"

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Packet Pg. 407
33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department at Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

1 am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030.

I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, Sepillmber 9. 2010. 7 p.m.


City Hall, 825 W Irving Blvd .. Irving, Texas

Name: ~Nf---=--Ox",-,+ke~"-_-jA'0 sk

(please print)
Address: --J!~2--,2<-3"----,~",,----,-ULJ.iL\,,,·.ucY\o.._--L8,.:l...Il.d-"'INif~_(&.L

Tax Account (DeAD) Number ');Z bq


(if shown on enclosed map) ~lnCl 10 I MMO
A!-c_,,-_"";'-'="'- ~-_------
~Y/;o
Signature:

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

~__ I am,FOR the requested zoning as explained on the attached pUblio notice for Zoning Case
~10'0030,

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


~ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10·0030,

Date, Location & Time of:


PLANNING & ZONING
COMMISSI9N MEETING: Monday, August 2, 2010, 7 p,m
City Hall, 825 W. IrvIng Blvd., Irving, Texas

CITY COUNCIL MEETING: Thurs<Ia¥. Seplembar 9, 2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

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) (~
J.:,

).<,

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the aUached public notice fOf Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


~0-0030

----1.L' #lC10-0030
Iam AGAINST the requ~sted zoning as explained on the attached public noUce for Zoning Case

Date. Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.rn.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Th"'sda\l. $@P!@mbef9,2010, Tp.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

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):
'?
).;t 0
01
,
....."'. I
• ,au 0 (0 1-c' o 1.
r:,

Signature =t(Qv\.(\~c.Cl y~e ~C)


Date !tb1l.<.(r sI, l<:>r a
Phone (optional):

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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Packet Pg. 410


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015·2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10·0030

-'-- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10·0030

Date, Location & Time of:


PLANNING & ZONING
COMMISSII)N MEETING: Monday, August 2, 2010,7 p.m.
City Hall, 825 W. Irving Blvd., IT\ling, Texas

CITY COUNCIL MEETING Thursday, September 9,2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name:
(please print)
Address: '·00<:( E. WON B:J.U:R J::K\llNG,"TX I

Tax Account (DCAD) Number


(If shown on enclosed map)· it:nI2:
Signalure: ~ =IZ. ~'-- _
Date 'b -2.4--2..0\0
PllOne (optional):

Please provide comments explaining the reasons for your support or opposition:

Packet Pg. 411


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


/ #ZC10-0030.

X I am AGAINST the requested zonmg as explained on the attached public notice for Zoning Case
#ZC10-0030

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p,m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9,2010,7 p.m


City Hall, 825 W. Irving Blvd., Irving, Texas

Name:
(please print)
Address: 13ld- Co \J tJl()IJ tSOlA.i81 ::r~Ul ~ I Ti<"

Tax Account (DeAD) Number


(if shown Dr enclosed map): ----m
Signature ~;i2~ ~~~
oate::£ ~
Pllone (optional):

Please provide comments explaining the reasons for your support or opposition:

RECEt'1EO

SEP 0 120m
OlpIII..llllo'

sw

Packet Pg. 412


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

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.

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning d~ explained on the allached public notice for Zoning Case
#ZC1D·DD3D

Date Locat on & Time of"


PLANNING & ZONING
COMMISSI':>N MEETING: Monday, ;"'"gusI2. 2010, 7 p.m.
City Hall. 8.. 5 W, !rvlng Bivd. Irving, Texas

CITY COUNCIL MEETING: Thurscay ~eptember 9.2010,7 p.m.


City Hall. 2. ') W. irving Blvd. Irving, Texas

P'lcne (optional)'

PleiliSf. pro'Jide comments explaining the reasons for your support or opposition:

sw

Packet Pg. 413


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015~2288

__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


#ZYW-0030

~m AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall. 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9,2010,7 p.m.


City Hall, 825 W Irving Blvd, Irving, Texas

GOAJ .. IJDl'nI, S
(please print)
Address. (CfE/~ DR,z..~ 't>t{,

Tax Account (DeAD) Number


(if shown on enclosed map):

Signature:

Date:

Phone (optional):

Please provide comments explaining the reasons for your support or opposition:

_ _=~==-c~ ~ k-- &fAd &-- ~a-&'


7~~O ~ <

r
SEP 01 21IIQ
Depertment of
Plan.lng uti InapecUoRI

sw

Packet Pg. 414


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

__ I am FOR the requested loning as explained on the attached public notice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


#lC10-0030

/ I am AGAINST the requested loning as explained on the attached public notice for Zoning Case
#lC10-0030.

Date, location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, Augusl2, 2010, 7 p.m
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 pm.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name :::C:>C"-c,"\"'-",--- '5\{\ .\J,J.l e It"


(please print) 0
Address \<ta~ E.. \),."''''.... ~tAlcl= ~.
:It- """'t 'XX, fj'S;)a(~ \

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

Packet Pg. 415


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


#ZClO-0030.

I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2. 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


City Hall, 825 W Irving Blvd" Irving, Texas

Name:
(please print)
Address: 1£ ~::LV"kf4J=c1 LtV

Tax Account (DeAD) Number


(if shown on enclosed map): 71- 71 :l
Signature: ~~ ~~ -­

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:

~ '>P~~ ch &d7"~ i?LtAw.d Cl4G<V

REceiV
SEP 0 1 2010
UlJlrtme"t 01
sw

Packet Pg. 416


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections

PO Box 152288

Irvmg, Texas 75015-228B

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030

Y
If· I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030

Date, Location & Time of


PLANNING & ZONING

COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.

City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September g, 2010, 7 p.m

City Hall, 825 W. lIVIng Blvd., Irving, Texas

Name"
CAt~ IA BU~""~"",,,"""l\lJ-----------­
(please print)
Address, \'532 D,"'l'mcd I~
-
Tax Account (DeAD) Number ~

(If shown on enclosed map): ~ _

Signalure: c:.s;:.i5 ~~:ll_=.' ~/,- _


Date "8- 29-10
Phone (optional):

Please provide comments explaining the reasons for your support or opposition:

~2db.., d-<-lDL,cJ--lc..
~ £\L.. , Srbc. .. c.,l -I
1\ '" l.<..J

<...l--l,. a~ . - -." &J'cl..... e ,",-Au J., 0, ;;:" W ,A..I" cJ. ,.1t:b-­


_.L""-~<"'&o..........:Q::£-'W;"';'" ·""""L.......££:y:::,:......~ce,""Il.bCbbl.. c:e...-"·S -«~1

~~~~ 1:s
____~ .._j~....,..,.." n--oumr--­

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Packet Pg. 417


33.m

PUBLIC COMMENT FORM


(Please type or use black Inlr)

Department of Planning and Inspecliona


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


j- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texa.

Name: "J"'N/fU M W/lJ1""({ $


(plaasa print) I r_
Address: 1~3~ Y¥t W#1J($ fJ't.ve'
'tk..lJiik -rx rz~(,1
Tax Account (DCAD) Number

(W shown on endosed map): _---..--- _

Signature: ~.;'} th JJr;.,....:/i,If-'LV~ _


Date: ~..a.:~-J4, ().qtJ

Phone (optional):

Please provide comments explaining the reasons for your support or opposition:

~~~4t-h«,/k//~
adMiMif-t/

-----------RECE1Vf;6
sEP aI ZUlU
O.partm••t 01 sw
Pllnlln, anlllnsplcUonl

Packet Pg. 418


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspedlons


PO Box 152288
Irvmg, iexas 75015-2288

I am FOR the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC 10-0030.

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


V I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING 11 ZONING
COMMISSION MEETING: Monday, August 2,2010,7 p.rn.
Cily Hall, 825 W. Irving Blvd., Jrving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.


City Hall, 825 W. Irving Blvd.. Irving, Texas

Name:
(please pnnt)
Address: .1.33 ()
Tax Account (DeAD) Number

(if shown on enclosed map): ~~ _

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

Packet Pg. 419


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached pUblic notice for Zoning Case
#zc 10-0030.

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


I am~the requested zoning as explained on the attached public notice for Zoning Case
#ZC~
Date, Location & Time of:
PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd .. Irving. Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.


City Hall, 825 W. Irving Blvd., frving, Texas

Tax Account (DeAD) Number


(if shown on enclosed map):

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

Packet Pg. 420


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
~ZC1 0-0030.

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case

#ZC10-0030.

Date, Locaticn & Time of:

PLANNING 8. ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m
City Hall. 825 W. Irving Bh/d., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9, 2010, 7 p.m


City Hall, 825 W. Irving Blvd., Irving, Texas

'Jame
(please print)
Address' L'2 0 \ ~~ l!

Tax Account (DCAD) Number

(if shown on enclosed map): _-=,- .,-- _

'~'
Signature:

Date"

.~ il';~1 ~~~ <

P~lOne (optional):

Please provide comments explaining the reasons for your support or opposition:

RECEIVED

SEP 01 2010

OOPlr1menl .,
Planalng In4 Inlpecaon.

sw

Packet Pg. 421


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

! am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W Irving Blvd" Irving, Texas

CITY COUNCIL MEETING Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

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

Packet Pg. 422


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name:

Address:

Tax Account (DeAD) Number~~.LJLJLl.f't--L~:::::;~~~r:.L-------­


(if shown on enclosed map):/--f--,---=----.'l;i=71~~o_-----------

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

Packet Pg. 423


33.m

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#lC10-0030

Attachment: M: Public Comment Forms in Opposition Set 4 (ORD-2010-9207 : 11 - ZC10-0030)


L 1 am AGAINST the requested zoning as exp'lained on the attached public notice for Zoning Case
#lC 10-0030

Dale, Location & Time of:


PLANNING lIo ZONING
COMMISSIC)N MEETING: Monday, August 2, 2010, 7 p.m.
Cily Hall, 825 W. Irving Blvd" Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 pm,


City Hall, 825 W. Irving Blvd., Irving, Texas

Name: In.; e-\]e,! Ie., ~'5eM


(please print) ~
Address: \3OJ £'~'i.L PI - '~ _
'h-v i Y\a--+'...LT)(-",-~'-,-,5,--,1J",<..,-,\~~ ~_
Tax Account (DGAD) Number J
(if shown on enclosed map):

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

Packet Pg. 424


33.n

PUBLIC COMMENT FORM


(Please Iype or use black ink)

Department of Planning and Inspections


PO Box 152288
I",ing, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030.

I am A.GAINST the requested zoning as explained on the attached public notice fot Zoning Case
#ZC10·0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd" Irving, Texas

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC 10-0030.

-L.­ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 p.m.
City Hall, 825 W. Irving Blvd .. Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.


City Hall, 825 W. Irving BlVd., Irving, Texas

Name }k,liltlb. W\.-.15 e ",blAt] t


(please print)
Address J '),.;;. S-- J)<>'1-",J,--"D,,-r~, _
101M 'I X 1C;OlJ. I. _
Tax Account (DCAD) Number J I -
(if shown On enclosed map):

Signature:

Date:

Phone (optional):

Please provide comments explaining the reasons for your support or opposition:

------------- SEP 0 I 2010


Department 01
Pla.ll.g and l.apacUo'l

sw
Packet Pg. 426
33.n

PUBLIC COMMENT FORM


(Please Iype or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Tex:Js 75015·2288

, am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


/ZC10-0030.

J ;:1m AGAINST the requested zoning as explaIned on the attached public notice fOi Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSIQN MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W Irving Blvd., Irving, Texas

CiTY COUNCil MEETING Thursday, September 9.2010, 7 p.m.

City HaU, 825 W, Irving Blvd., Irving, Texas

Name.

Address:

Tax Accounl (DCAO) Number

(If shown on enClo~ed ~


Slgn~#
Date'
~/1

. -
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

Packet Pg. 427


33.n

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015·2288

I I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030.

_ _ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY CQUNCIL MEETING Thursday, September 9,2010,7 p.m.


C,ly Hall, 825 W. Irving Blvd.. Irving, Texas

Name:

Address·

Tax Account (DeAD) Numoer


(if shown on enclosed map): -~r-"7c---C7T-'70:7'r-~---c-

Signature:


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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Plannmg and InspectIons


PO Box 152288
Irving, Texas 75015-2288

\ am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030

I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030

Date, Locaton & Time af:


PLANNING & ZONING
COMMISSION MEETING Monday, August 2, 2010, 7 p,m
City Hall, 825 W. Irving Blvd" Irving, Texas

CITY COUNCIL MEETING Thursday, September 9,2010,7 p,m,


City Hall, 625 W, Irving Blvd" Irving, Texas

Name: ~'e.\c'>l j,e 0


(please prinl)
Address: I :\ 30 O"-,r-",~,,,iO!:.'-4-I----,D<.:.r-,, _

Tax Account (DeAD) Number


(If shown on enclosed map):

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

Packet Pg. 429


33.n

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of PlannIng and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


~ZC10·0030

L I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC 1 0-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name SI1<:t/lOll ~ Sd! 8"'au/(,1.!f'-1t?I....- _


(please pnnt)
Address: /Lf()b J)R-e,1e( 1M.

Tax Account (DCAD) Number


(if shown on enclosed map):

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030

I am AGAINST the requested zonrng as explained on the attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSliJN MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd.. Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.


City Hall, 825 W. Jf\ling Blvd., Irving, Texas

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

Packet Pg. 431


33.n

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


/ nZC10-0030

~ I am AGAINST the requested zoning 35 explained on the attached public notice for Zoning Case
nZC10-0030

Date, Location & Time 01:


PLANNING & ZONING
COMMISSKlN MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. lrving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, 5epIetnbolr.l;:zoro, T p-.


City Hall, 825 W. Irving Blvd., Irving, Texas

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

Packet Pg. 432


33.n

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

_ _ I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC 10-0030.

_~ I am AGAINST '.he requested zonmg as explained on the attached pubhe notice for Zoning Case
#ZC10-0030

Dale, location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 pm.
City Hall. 825 W. Irving Blvd .. Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Address: 17K 75tJ£/

Tax Account (DeAD) Number


(if shown on enclosed map): --~--==----;Jr-r--I--~~--=------ ---­
Signature ,o2aj£~lrl
Date _ O.L-1-;;.1-- /0
.....

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached publ:c notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


~ZC10-0030.

I am AGAINST the requested zoning as ex.plained on the attached public notice for Zoning Case
~ZC10-0030

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, Augusl2, 2010, 7 p.m
City Hall, 625 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas
I

Name:

Address:

Tax Account (DCAD) Numb<r


(if shown on enclosed map):

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspectior:s


PO Box 152288
Irving, Texas 75015-2288

Iam FOR the requested zoning as explamed on the attached public notIce for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030

I am AGAINST tl:e requested zoning as explained on the attached public notice for Zoning Case
#ZC I0-0030.

Date, LocatIon & Time of:


ELANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010,7 p.m.
Cil'!' Hall, 825 W. Irving Blvd" Irving, Texas

CITY COUNCIL MEETING Thursday, Sep1ember 9, 2010, 7 p.rn.


City Hall, 825 W.lrJlng Bivd, IrJing, Texas

Name L
Address:

Tax Account (DCAD) Number


(If shown on enclosed map).

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

\ am FOR Ihe requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030

( am AGAINST the requested zoning as explaired on lr,e attached public notice for Zoni"g Case
#ZC 10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m
City Hall. 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.


City Hall, 825 W. Irving Blvc:l., Irving, Texas

Address:

Tax Account (DeAD) Number


~-9 1 ..
~J I CYJ
(if shown on enclosed map):

Signature ~ .:2¢-a. ...t..<LLQ.~


Date :r,l~1 /';0 It>
Pilone(optional): '1.7,7- kj-c,I? 'f1S-1?

Please provide commen1s explaining the reasons for your support or opposition:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~SEP 0 12910
PI OeJJl!Irhnent 01
aDDing II' '''"ecUune

sw

Packet Pg. 436


33.n

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of P~anmng and Inspectlons


PO Box 152288
Il'Iing, Texas 75015-2288

I am FOR the requested zoning as e;.<plained on the attached pUblIC notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#lC10-0030

I I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
'ZC10-0030.

Date. LocatlOn & Time ot


~LANNING &ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd, Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9.2010, 7 p.m.

City Hall, 825 W. Irving Blvd., Irving, Texas

Name:

Address:

Tax Accounl (DeAD) Number


(if shown on enclosed map):

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the reqt;ested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


~ZC 10-0030

~m AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Te:(as

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irviog Blvd., Irving, Texas

Tax Account (DCAD) Number


(if shown on enclosed map): -==-------r-.,----.----------­

Signature ??~ 11I1!tt~


Date t!30UO
Phone (optional):

Please provide comments explaining the reasons for your support or opposition:

B{-\~ 01;' i\e.ISkl,o,hoDA c:>e-+k~(1'

RECEIVED
SEP 0 I 2010
Deportment 0'
Plan.'ng lll,lf Inspecllon.

sw

Packet Pg. 438


33.n

PUBLIC COMMENT FORM


(Please type or use olack ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

1am FOR the requested zoning as explained on the attached publiC notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


~10-0030

_/_ a~m
I0 AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSII)N MEETING: Monday, August 2, 2010, 7 p.m,
City Hall, 825 W. lIVing Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September g, 2010, 7 p.m.

City Hall, 825 W. Irving Blvd, Irving, Texas

Tax Account (DeAD) Number

(If shown on enclosed map): ==:::-~

Signature:
/~ l/"cL.te
Date:

Phone (optional):

Please provide comments explaining the reasons for your support or opposition:

~n~l0Uf Y)tl"bor ht!JJJ ~v11 '

\})h1-i<>vcuP hD~",,-L -=-<.51I,-,--~---,--S_~------==---.L1 ~~~~ _ _

~ _ _~ ~ IiECEillED-
SEP 0 1 201C
Oepartment 01
Planiling and Inspecllan.

sw

Packet Pg. 439


33.n

PUBUCCOMMENTFORM
(Please type or use bleclr Inlr)

Department of Planning and ll'lSpections


PO Box 152268
Irving, TeXB8 75015-2268

I am FOR the requested zoning as explained on the at!ached public nclice for Zoning case
#ZC10-0030.

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as e><pl_ on the attached publ1c notk:e for Zoning case
#ZC10-0030.

Dale, Location & 11me oc


PLANNING & ZONING
COMMISSION MEmNG: Monday. August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irvtng, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.


CitY Hall, 825 W. Irving Blvd., Irving, Texas

Name: .,...,..---Sbco~\iD=-=o..J:""=""'-':::;::::'~l.,.;g..:=\6:..:::6S.=- _
(please print)
Addreeo: J2..3 t-J ~\lI<Jl.o HtaTS be

Tax Account (DCAD) Number


(if shown on enclosed map): ---...(...,'+.,.....,4--./-,.t-~,....--------

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

Packet Pg. 440


33.n

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of P\anmng and Inspeclions


PO Box 152288
Irving, Texas 75015·2288

__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030.

/ ' I am AGAINST the requested zoning as explained on tne attached public notice for Zoning Case
#ZC10-0030

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p. m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September g, 2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name"

Address:

Tax Account (DeAD) Number

(if shown on enclosed map): /J/C .-=

Signature -W~~
Date £-?-I-;O __~__~__
PllOne (optional):

provide comments explaining the reaSOrlS for your support or opposition:

RECEIVED

SEP D1 2D1O
DBpanment 0'
PIII\"in, IRtllnipICtiOftI

sw
Packet Pg. 441
33.n

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Bo' 152288
1~lng, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


/ZC10-0030

\ am AGAINST the requested zoning as explained en the attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSII)N MEETING: Monday, August 2, 2010,7 pm.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9, 2010. 7 p.m


City Hall, 825 W. Irving Blvd., Irving, Texas
RECEIVED
~u(),leq ~dey~_nSE.P 01 2010
(please pont) \ DepartmeDt of
Address: --1 (, 22 Dre--L'f-=ei-,--~D~r~.~~~._~~_PI_.n_.lnl••d In.plCllool
_ _'1 ""0 fc I
Tax Account (DeAD) Number
(if shown on enclos.ed map~ !QC
Signatur : _.t«lu ) ~ ?")1L a:J2:
Date <ll ~O \e-.=2.0:><.c\Q"--- ~)
Phone (optional): q~ ~q_-_"r-=c..,-,q,-7-L- ~

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015·2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10·0030,

~ am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10·0030,

Date. Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010,7 p,m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9, 2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name R\J,\'Ib. S\~~\e. 'c~


(please print)
Address ,-\Cl4 b ~\., :rte.~ ('-GIH-l-

Tax Account (DeAD) Number T !'=u" "-~ J 13, IJ nO Ct I


(if shown on enclosed map):

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

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box \ 52288
Irving, Texas 750\5-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC\0-0030.

Attachment: N: Public Comment Forms in Opposition Set 5 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC\0-0030.

Date. Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Phone (optional):

Please provide commenq oxplaining the reasons for your support or opposition:

------------~RECENED'--
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _---'lJSEP 31 2U\3
Department of
Planlll1nQ uti Inspections

sw

Packet Pg. 444


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Date, Location & TIme of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name (21.,,+ H~;ll",f[ _


(pleese print)
Address: -1111 l4~J ...4tt c.""rt'--- _
. ~rv .. ~H_,-'-r'-'X"'-----7L.:5!"'-'O""f{)<..I>.L------
Tax Account (DCAD) Number
(if shown on enclosed map ):r17 J

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

Packet Pg. 445


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

_ _ I am FOR the requested zoning as explained on the attached public notIce for Zoning Case

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


JZC10-0030

~ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, Septemberg, 2010, 7 p.rn


City Hall, 825 W. Irving Blvd, Irving, Texas

Name max \0.-


(please print)
ULo-iY\C\.
Address: \ \.Q n ~W <:lC:O,. Va
Tax Account (DCA D) Number
"I'l'J\' rex
----::.J
IX: { 5rJ CQ l~--
(if shown on enclosed map): ~

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

Packet Pg. 446


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-228B

_ _ I am fOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


-1 I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC 10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 pm.
City Hall, 825 W. Irving Blvd" Irving, Texas

CITY COUNCIL MEETING: Thursday, September g, 2010, 7 p.m.


City Hall, 825 W Irving Blvd., Irving, Texas

Name:

Address'

Tax Account (DeAD) Number


(if shown on enclosed map): -=--u~7i~:;--=-------------­
Signature:

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

Packet Pg. 447


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO 80x 152288
Irving, Texas 75015-2288

__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


/ #ZG10-0030.

~ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZG10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd" Irving, Texas

CITY COUNCIL MEETING: Thursday, September g, 2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

, ~.)
c~:":-:.f?,,-l~
.

Name: \ . Mol£? '&7::-' _


(plJase print) ­
Address:
<~/7?A1']{~/ L.!!

Tax Account (DGAD) Number


di/(--'~ ';; lY.. 7'-::; {'; (,I
(if shown on enclosed map):

Signature:

Date

Phone (optIonal):

Please provide comments explaining the reasons for your support or opposition:

RECENEo-

SEP 01 2DlO
Oapartlnent 01

sw

Packet Pg. 448


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-o030.

Date, location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

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

Packet Pg. 449


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name: JUaA Se/11P.


(please print)
Address: N2.? £,

Tax Account (DCAD) Number


(if shown on enclosed map): ....,­ _

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

Packet Pg. 450


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

J am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC1D-0030.

, I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Date, location & Time of:


PLANNING & ZONING
COMMISSION MEE"lING: Monday, August 2, 2010, 7 p.m
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September g, 2010, 7 p.m.


City Hall. 825 W. Irving Blvd., Irving, Texas

{;A\i ~ MAY+; ti u.c~oJ1s


Name:

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~ ,

Packet Pg. 451


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

_ _ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC 10-0030.

-L I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 pm.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9, 2010,7 pm.


City Hall, 825 W. Irving 8Ivd., Irving, Texas

Name:

Address:

Tax Account (DeAD) Number


(if shown on enclosed map):

P~'one (optionall:

Packet Pg. 452


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


#ZClO·0030.

I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10·0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.rn.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name:
(please print)
Address: 1<?;lLf £- UfJlOtJ BDWe.(.,

Tax Account (DCAD) Number


(if shown on enclosed map):

Signature:

Date:

Phone (optional):

Please provide comments explaining the reasons for your support or oppositior:

~6u\..~ (l\c~c...4' +'O--e;c:.. iVoi

-"""~:::.v:A",-l"Q....!~":"·
v~ ~- - - - - - - - - - - - - - - ­

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Packet Pg. 453


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Bex 152288
Irving, Texas 75015·2288

I 8r"" FOR t'le requested zonmg as en' ~I~ed on the attached public nohce for Zoning Case
'ZC1C~0030

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


& I am AGAINST the requested zoning .. - explained on the altached public notice for Zoning Case
#ZC10~0030

Date. Locat on & Time of:


PLANNING & ZONING

COMMISSION MEETING: Monda~, A ..gusI2. 2010, 7 pm.

Cit~ Hall. 8. S WINing 8ivd. Irving, Texas

CITY COUNCIL MEETING: Thursca~ :-eptemoer 9.2010.7 p.m.

City Hall C. ') WiNing Btvd. INing, Texas

Me.\l$SOv
(please prmr)
b/CM\S
""'""'''-------------

Adaress. \~~~~C _
Tax A.ccourt {DeAD) Number

(;f shown or; enclosed map). 32S20SQC.":C).3"oo"",l,...I.aooc)


....""''''­ _

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

Packet Pg. 454


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Bex 152288
l!'\Iing, Texas 75015-2266

I am FOR t"Je requested zoning as ex[' .w~ed on the attached pL:bhc notice for Zoning Case
.ZC1C-0030

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning d~ explained on the attached public notice ror Zoning Case
'ZC10-003D

Date _Locat on & Time of


PLANNING & ZONING
COMMISSION MEETING: Monday ;""gusI2. 2010, 7 p,m,
City Hall. 8. S W, Il"Jing 8i . . . d, Il"Jing, Texas

CITY COUNCIL MEETING Thurscay ~€'ptember 9.2010,7 p.m.

City Hall 2. 'J W, il"Jlng BI.. . d .. Il"Jing, Texas

(please r/flt)
Adaress: 1-<13;u.fI rn... feL
L _... Dr _

Tax Accourt (DCAD) Number


5110wo or: enclosed map),
{if

Signature:

Date-

P;lcne (optional)'

PleasE:- provide comments uplaining the reaSO:15 for your support or opposition:

____RECE\\/ar-

SEP 0 I 2010

sw

Packet Pg. 455


33.o

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Sex 152288
Irving, Texas 75015*2288

\ am FOR t"e requested zoning as eX[' ~Ir:ed on 111e altached public notice for Zoning Case

Attachment: O: Public Comment Forms in Opposition Set 6 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC 1C-0030.

/ I am AGAINST the requested 7.:0010g d- explained on the attached pUblic notice for Zoning Case
#ZC10-0030

Date. Locat on & Time of:


PLI<NNING & ZONING
COMMISSION M§ETING; MOnday A"gust 2. 2010, 7 p,rn
City Hall, 6.-1) W Il"\Ilng 8ivd. Irving, Texas

CITY COUNCIL MEETING: Thurscay :-eplember 9. 2010. 7 p.m.


City Hall. 2. ') W irving Blvd.. Irving, Texas

(please pnnt)
Adaress, l ) l'5 Q'R e-lE I 121

Tax p..ccQunt (DeAD) Number


(if 51lown or. enclosed map). :?a2S 19" rCOO 2..~O:::O::'"o=OOO"",,=,- _

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

Packet Pg. 456


33.p

PUBLIC COMMENT FORM


(Please type or use black ink)

Department af Planning and Inspections


PO Bex 152288
IMng Texas 75015-2288
I ar'" FOR ,.,e requested zoning as ex[' ;w"led 0'1 the attached publiC noMe for Zoning Case
#ZC10·0030.

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST lhe requested zoning d~ explamed on :he altached pUblic notice lor Zoning Case
#ZC 10·0030

Date. l.ocal on & Time of:


PLANNING & ZONING
COMMI551QN MEETING Monday, fo •. ~ust 2. 2010,"7 pm
City Hall. 8.''3 W Irving 8ivd. Irving, Texas

CITY COUNCIL MEETING Thurscay -eptember 9, 2010, 7 p.m.


City Hall. e. 'j W. irving Blv;:t. Irving, Texas

Na'ne 11 /oWl on t<o:f1::.='O:e­ _


(please prm[J
Admess 13J,(Q QJyl.d----'-O~t:2.::".. _
\Y'lffl ];_'1 ":;xX.t I
Tax Account ,:OCAO: Number
(if shown or. enclosed map},

Pleas~ provide comments explaining the reasons for your support or opposition:

S;:P U, ZUlU
081111 (mint al .

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Packet Pg. 457


33.p

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Bc~ 152288
Irving. Texas 75015-2288

\ am FOR l'le requested zoning as eXt' ,w-:ed on the attachec public notIce for Zoning Case
#ZC 10-0030.

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST Ine requested z.ol"llng cl~ e)jp(amed en the attached public notice for Zoning Case
#ZC 1C-DD3D.

Date. Local on & Time of:


PLANNING & ZONING
COMMISSlqN MEETING: Monday, ;:'''9LJs1 2. 2010, 7 p m,
City Hall. 8.''5 W. Irving 8i....d. Irving, Texas

CITY COUNCIL MEETING: Thurscay ~eplember 9. 2010, 7 p.m.


City Hall. c. SW. irvmg BI....d. Irving, Texas

Na'TIe- C Egr1£o f2D<->..D=tl-'--.:1f:M=t={~ _


(please prim)
Adaress, / C/ I ~ Vt''I(~"-,I-----,,,c1-=--:t' _

Tax Accourt {DeAD) Number


\;( ,hol'm oc encl::~a7::) ~
J'
J:X<= 'CO
/<--<.lL--"-'­
,OOOC)
_
Dale tg F/~Q /10 i

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

Packet Pg. 458


33.p

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015~2288

\ am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


~lC10-0030

J am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
~ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, Augusl2, 2010, 7 p.m
City Hall, 825 W Irving Blvd., Irving, Texas

CITY COUNCIL MEETING Thursday, September 9, 2010, 7 p.m.


City Hall, 825 W Irving Blvd, Irving, Texas

Name:

Address'

Tax Accounl (DCAD) Number

(if shown on enclosed \~""''''~~~i~t~~;A1;-:7i~?-:;:::----~-


Signatu ":..~L~!1-~~"l:~~j,<-'4~~~"'"
Date:

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

Packet Pg. 459


33.p

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


#lCl0-0030.

~ I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#lCl0-0030.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING. Monday, August 2,2010,7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CiTY COUNCIL MEETING: Thursday, September 9, 2010, 7 pm.


City Hall, 825 W.rrYing Blvd" Irving, Texas

Name: J{rr-nnt"F ~ S;/>M,M.. () "., S


(please print)
Address· 1500 jJ tJO~ I.. 1>A.

Tax Account (DeAD) Number


(if shown on enclosed map): _ 3Z09'1 !>"o:>02.<!O SCPOI'
Signature: 1'f-.z:tt.--.-..:f:, ../
Date :s 6:{X \
Phone (optional):

Please pro\Jide comments explaining the reasons for your support or opposition:

RECEIVED

SEP nI 20ro
!Joplfl......r
PI,..Jlg It'ld IUPldll1lS
--------------=­

sw

Packet Pg. 460


33.p

PUBLIC COMMENT FORM


(Please type or use black ink)

Departmenl of Planning and lnspectio~s


PO Sex 152288
Inilng, Texas 75015-2288

I af'"\ FOR 118 requested 70ning as en' "lIned on the attached pUbliC notIce for Zoning Case

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC,C-003D

I am AGAINST the requested zoning d~ el:plamed on the altached public notice for Zoning Case
#ZC '0-0033.

Date. l.ocal on & Tirr,e of:


PLANNING & ZONING
COMMISSI')N MEETING Monday, A.. yust 2.2010.7 p.m,
Ci:y Hall. 8. 'J W, Irving 8ivd. Irving, Texas

CITY COUNClb MEETING ThurSC8', ~eptember 9. 2010. 7 pm,


City Hall 2. oj W irving Blvd.. Irving, Texas

Na'TIe ~UI~ tJJ-zJ",--~_ _


fplease print) f)
Acaress j5D\ fxtx-tf fYt~=e _
Ta',( ,\cccurt (DCAD) Number

(It shown or: ~nc!osed map) (') ~~//Poq-,s=OOO 100 '50000

Signature $~ __
Ot ~
P~1cne (OPhon:l~ Cfii:6-717._7.L~ _

SEP 61 2010

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Packet Pg. 461


33.p

PUBLIC COMMENT FORM


(Pleasetype or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

, am FOR the requested loning as explained on the atached public notice for Zoning Case

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


#ZG 10-0030

J am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZG 10-0030

Date, LocatIon & Time of


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010,7 pm.


City Hall, 825 W. rrving Blvd., Irving, Texas

Name: ~,\nJ
(please prin'i!'
MoL \
Address: Isoi6 [;ye)le ~(
1:rv:4 T:f, rg)(p-L\_ _
Tax Account (DeAD) Number ....,j

(if shown on enclosed map): _--,3g~Ol:l'l"-:JL;g;(:O""'7_~-==-'-t,-"oO""",,-W=_~ _

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

Packet Pg. 462


33.p

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 1522BB
Irvmg, Texas 75015·2268

I aFl FOR !"Ie requested zoning as e:H' .'II:;ed on the attached publiO nallce for Zoning Cas.e

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC 1C-0030.

I am AGAINST the requested zoning oi~ explained on the attached public. nolic.e for Zoning Case
IlC 10-0030

Date. Locat on & Time of:


PLANNING 8. ZONING
COMMISSiON MooTING Monday. A"gust 2.2010.7 pm.
City Hall. 8.-S W, I"'ln9 ei.. . d. Irving, Texas

CITY COUNCIL MoETlNG Tnurscay ~eptember 9 2010.7 p.m,


City Hall. 2. ') W. irvmg Blllj .. Lrving, Texas

Na11e Alli/ 1It


(plea$f;! pnnl) !-J/e..f<~ y
.LL''-'=~:'=::''.L _

Address: /9'1 Q1.tf'KGf-- 0/2..·

~f~:Z:m4=O
Tax Po.ccount {DCAD) Number
\if shown 0: i.mclosed rnap)

Dale 0
g~w-I

P"cne (optional)" !J7J.-'f~r~/#:...::.D _


PleaSE; provide comments explaining the reaSQi1S for your support or opposition:

s9n-M<,..a02~. J - ~ ~

SEP 9 I 2616

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Packet Pg. 463


33.p

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Plannmg and Inspections


PO Sex' 52288
Irving, Texas 75015~22BB

I am FOR l'"Ie requested zoning as ex[' ~l~ed on \he attached public. notIce for Zoning Case
#ZC1C·0030

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning d~ e):.plamed on the al\3ched public notice for Zoning Case
#ZC 10·0030

Date. Local on & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, ;:',.9USt 2. 2010, 7 pm.
City Hail. S.. ? W 11'\1lng 8ivd. Irving, Texas

CITY COUNCIL MEETING Thurscay -eptember 9.2010.7 p.m.


City Hall. 2. -) W. irvmg Blvd .. Irving, Texas

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

Packet Pg. 464


33.p

PUBLIC COMMENT FORM


(Please lype or use black ink)

Department of Planning and Inspections


PO Bex 152268
Irving, Te)(as 75015-2286

I ,<!fT1 FOR t'1e requested zomng as exr ~lned on the attached public notIce for Zoning Case
OZC1C-0030

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


V I am AGAINST the requested zoning J- explained on the attached public notice for Zoning Case
OZC 10-0030

Date Locat on & Time of­


PLANNING & ZONING
COMMISSION MEETING Monday, ......-;ust 2, 2010, 7 pm
City Hall. 8. 'j W, Irving Bivd. Irving, Texas

CITY COUNCIL MEeTING Thurscay ~eptember 9.2010, 7 p.rn


City Hall, c. ') W. Irving Blvd. Irving, Texas

fplease pont)
Adoress

Tax Accourt {DeAD) Number


lif sho\"m or: enclosed map). ~ _

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

Packet Pg. 465


33.p

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 750i5-2288

I am FOR the requested zoning a5 explained on the attached public notice for Zoning Case

Attachment: P: Public Comment Forms in Opposition Set 7 (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030.

\ am AGAINST the requested zoning as explained on the attached public notice for Zoning Case

* #ZC 10-0030.

Date, Location & Time of:


ELANNING 8. ZONING
COMMISSiON MEETING Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEEnNG: Thursday, September g, 2010, 7 pm


City Hall, 825 W. Irving Blvd., Irving, Texas

Name: k-30s e Q2?o'h-e ffO


(please print) =--'-~'--=--~----

Address: ISZS ilIrt$=l,,---,,-Q-I-i _

Tax Account (DeAD) Number


(If shown on enclosed map) 3209 'l$b<'A ,oOZ,oooc)
Signalure Tcsq' 0_ go~" r:: 80
Dale t8Ol1c>,,--_
Pllone (optional):

Please provide comments explaining the reasons for your support or opposition:

SEP 01 2010
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Packet Pg. 466
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PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Attachment: Q: Public Comment Form in Opposition (ORD-2010-9207 : 11 - ZC10-0030)


r am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Dale, Locat on & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday. AIJQust 2,2010,7 p.rn.
City HaJJ, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, September 9,2010, 7 p.m.


City Hall, 825 W. Irving Blvd., Irving, Texas

Name:
(please pnnt) ,
Address: /Jill Val1CL Dc,

Date:

Packet Pg. 467


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Packet Pg. 468


Attachment: R: Email in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
33.s

Packet Pg. 469


Attachment: S: Email in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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- VANCE OR­ - VANCE DR UNION BOWER RD _~_I

30

Attachment: T: Protest Analysis Map (ORD-2010-9207 : 11 - ZC10-0030)


I'-------~UNION BO\II/ER RD UNION BOWER RD --1-----­

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Protest Analysis Map


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Tola'i Area within 200'
(Excluding Subject Parcel)

TotaJ Area Protesting


=7.8186AC
= 4.4658 AC
D
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No. lC10-0030
Cate See, 2.2:110
Percentage clArea Protesting = 57.12% 0 100
I fee1
200

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Attachment: U: Informational Memos and Map (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: U: Informational Memos and Map (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: U: Informational Memos and Map (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: V: Additional Public Comment Forms in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Attachment: W: Letter of Opposition (ORD-2010-9207 : 11 - ZC10-0030)
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Packet Pg. 484


Attachment: X: Email in Opposition (ORD-2010-9207 : 11 - ZC10-0030)
33.y
Windows Live HotmailPrint Message Page 1 of2

my thoughts rezone
From: Bob Bodwell

Sent: Tue 9/14/10 3:33 PM

To: larry jasper

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

Attachment: Y: Neighborhood Concerns E-Mail (ORD-2010-9207 : 11 - ZC10-0030)


stated in the Neighborhood Protection Ordinance (NPO). We want this development toblend into the
existing neighborhood as much as possible.

2. Our main goals are then in order of importance


A. Conforming lot width
B. Conforming set back from the street.
C. Conforming construction.

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

preferable to 3 lots on Union Bower!

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

Packet Pg. 485


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PUBLIC COMMENT FORM


(PI. . . type OT use bleck ink}

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


DepartrMnI of Pt8nningand Inspections
PO Box 152281
1f'Ying, Tua 75015-2288

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).

Date. LOCIItiOn & r_ot


PlAtJIM. ZONING
CQ-1SSIOIf ME£DNG: Monday. August 2, 2010. 7 p.m,

City Hal, 825 W. lIVing BIIId.• Irving, Tex.

q13

CfTY COUNCIL IIEETJNG: Thwsday. SepIember'. 2010. 7 p.M.

City Hal. 825 W. IMng BIIId., 1Mng, Texas

Name: 6",.",lcl,r+- W, 3(')10\0 &01"\­


(pIHse print)
Address: '60b ()o.~ _
TilXAccount~DCAD)Number ~r-Vi ~ Ie 7LObD
(if shown on enctosed map): _

SIgn8tunt:
Date: _

Phone (optional):

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RECEIVED

SEP 16 2010
Department of
PlanBlftg and Inspections

Packet Pg. 486


33.z

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PUBLIC COIIIIENT FORM


(PI.... type Of' use bllICk ink)

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


oet-tnaent of Pt8nning and Inspec;tions
PO Box 152288
Irving, T.... 75015-2288

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.

08te, L.oc:Iition & TIme of:


PlAtIJIING. ZOMING
CQMIrSfOttMEETlNG: Monday, AugUIt 2. 2010, 7 p.m.
City H81, 825 W. lIVing BlVd., Irving, Texas
~3
CITY Couw;u. MEEDNG: Thur8dlIy, Seplembertt, 2010, 7 p.m.
City Hal, 825 W. Irving EIIId.• IMng. Texas

S/gnatunt:

Date:
Phone (optional):

PI. . . provide cornmenta upllllnlng the ....... far yow support or appalldooa:

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RECEIVED
SEP 16 2010
Department of
PlanRing and Inspections

Packet Pg. 487


33.z

_._--------­

PUBLIC COMMENT FORM


(Please type or use black ink)

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


Department of Planning and Inspections
PO Box 152288
INin~xas 75015-2288

_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.

Date, Location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 P m.
City Hall, 825 W. INlng Blvd .. Irving, Texas
';;;3
CITY COUNCIL MEETING: Thursday, September" 2010. 7 p.m.
City Hall, 825 W. INing Blvd .. Irving, Texas

Name: (?fel,-.5SI'f A tt-A-6-e (


(please print)
Address: d it, 1/ \.Al ew d (b. 0 (-L (I P /1o (
+ rill',,=:,.. Iy; 7:f°3?

Phone (optional):

*JOe +l:,..!:
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RECEIVED

SEP 16 2010
Department or
Planglng and Inspections

Packet Pg. 488


33.z

PUBLIC COMMENT FORM


(Please type or use black ink)

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


Department of Planning and Inspections
PO Box 152288
Irvingj:Pas 75015-2288

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.

Date, location & Time of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010, 7 P m.
City Hall, 825 W. Irving Blvd., Irving, Texas
473
CITY COUNCIL MEETING: Thursday, September" 2010. 7 pm.
City Hall, 825 W. Irving Blvd., Irving, Texas

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

(if shown on enclosed map): ~/

Signature ---:?-=== ~~

d.i{:t~ ~/- Cf 'IjJ


Date:

Phone (optional):

Please proYide comments explaining the reasons for your support or opposition:

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Packet Pg. 489


33.z

PUBLIC COMMENT FORM


(PIe... Iype 01' use black ink}

Department of Planning and Inspections


PO Box 152288
Irving,])OS 75015-2288

\/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


-- #ZC10-OO30.

_ _ I am AGAINST the requested zoning as explained on Ihe attached public notice for Zoning Case
#ZC10-0030.

Date, Location & rHne of:


PLANNING & ZONING
COMIIISSION MEETING:

Tax Account (DCAD) Number


(if shown on enclOSed map): _ _-=-__~ _
Signature:

Date:

Phone (optional):

Plea.. provide commenta e.plaining the reason. for your .upport or opposition:

sw

Packet Pg. 490


33.z

PUBLIC COMMENT FORM


(PI.... type 0' use black ink)

lanning and Inspections

I am FOR the requested zoning as eXplained on the attached public notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


tlZC10-0030.

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:

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RECE\VEO

SEP , 6 20\0
Department 01 .
Planting and lnspectlons

Packet Pg. 491


33.z

PUBLIC COMMENT FORM


(PI.... type or use black ink}

Department of Planning and Inspections


PO Box 152288
Irving;J"exas 75015-2288

V I am FOR the requested zoning as explained on the attached public notice for Zoning Case
-- #ZC1 Q-0030.

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
-- #ZC1 Q-0030.

Date, LocatiOn & TIme of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2. 2010. 7 P m.
City Hall, 825 W. Irving Blvd., Irving, Texas

~3
CITY COUNCIL MEETING: Th~,~emberj.2010.7 p.m.

City HaN. 825 W. Irving Blvd., Irving, Texas

Name: Cor YY\ ca. .


(please print) . . _ -
(:,(0/\// OA.r-·.4-t..lo<O]):.....:....L..---_
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Address: /10'1 I e~ i}(:J_ _­
Tax Account (DCAD) Number :LeU}' "\:5 ) -e.¥A S '] ~D G()
(If shown on enclosed map): / ) ?~
Signature: L.J~ ( _
Date: q- I '!-d tJ I 0
Phone (optional):

Pie... provide comments explaining the reason. for your support or opposition:

sw

RECE\VED

SEP , 6 2010
Department 01
pianninQ a"d tnlliBetloRs

Packet Pg. 492


33.z

PUBLIC COMMENT FORM


(Please type OT use black ink)

Department of Planning and Inspections


PO Box 152288
Irvi~exas 75015-2288

~ I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


#ZC1Q-OOJO.

I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

Date, Location & TIme of:


PLANNING .. ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p m.
City HaM. 825 W. Irving Blvd., Irving, Texas
~3
CITY COUNCIL MEETING: Thursday, september. 2010. 7 p.m.
City HaN, 825 W. Irving Blvd., Irving, Texas

Name: ./(.L· e!-PY'J~___


(please print) ) .
Address: /'/'7 ~/~<d..:?7~

Please provide comment. explaining the r••sons fM your support or opposition:

sw

RECEIVED

SEP 16 2010
Department 0'
Planning and Inspections

Packet Pg. 493


33.z

PUBLIC COMMENT FORM


(Please type or use black ink'

Department of Planning and Inspections


PO Box 152288
I~n~s 75015-2288

6.. I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030.
__ I am AGAINST lhe requested zoning as eXplained on lhe attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Time of:


PLANNING & ZONING

COIIIIIIISSION IIIEETtNG: Monday, August 2,2010,7 pm.

City Han, 825 W. Irving Blvd., Irving, Texas

~~
CITY CQUNCIL IIIEETING: Thursday, Septembe11if.'"2010. 7 p.m.

City HaM, 825 W. Irving Blvd., Irving, Texas

Name:
~~~~ Gv"N6'i~tV
(please print)
Address: _l=:b \A
TaxA~m(DCAD)Num~
(if shown on enclosed map): --~-"'"7,..&;.+---::=---+=----------
Signalute:

Phone (optional):

Plea. . provide comments ex

sw

RECEIVED

SEP 16 2010
Department of .
Planting and Inspections

Packet Pg. 494


33.z

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 75015-2288

L I am FOR the requested zoning as explained on the attached publiC notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


#ZC1Q-0030.

I am AGAINST the requested zoning as explained on !he attached public notice for Zoning Case
-- #ZC1D-0030.

Date, Location & TIITle of:


PLANNING & ZONING
COMMISSION MEET1NG: Monday, August 2,2010,7 P m.
City Hall, 825 W. Irving Blvd., Irving, Texas

CITY COUNCIL MEETING: Thursday, Septembe", ~32010, 7 p.m.

City Hal, 825 W. Irving Blvd., Irving, Tex.

~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

Packet Pg. 495


33.z

PUBLIC COMMENT FORM


(PI.... type or use black ink}

Department of Planmng and Inspections


PO Box 1 88
Irving, t xas 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030.

I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC1Q-0030.

Date, Location & TIm& of:


PLANNING & ZONING
COMMISSION MEETING:

CITY COUNCil MEETING:

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

Packet Pg. 496


33.z

PUBLIC COMMENT FORM


(Please type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 7501~2288

v---; am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


#ZC 10-0030.

__ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC1Q-0030.

Date, location & Tnne of:


PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 pm.
City Hal, 825 W. Irving BIIId., Irving, Texaa

~.3
CITY COUNCIL MEETING: Thursday, 5eptember~, 2010, 7 p.m.
City HaN, 825 W. Irving Blvd., Irving, Texas

Address:

Tax Account (DCAD) Number


(if shown on enclosed map): ---::77"----------------­
Signature:

Date:

Phone (optional):

Plene provide comments explaining the reasona for your

sw

RECEIVED

SEP 16 2010
Department 01 .
Planling 3l\d Inspections

Packet Pg. 497


33.z

PUBLIC COMMENT FORM


(Please type or use b/aclr Inlr)

Department of Planning and Inspections


PO Box 152288
Irving. Texas 75015-2288

1----j am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


-­ #ZC1Q-0030.

__ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC1 O-OOJO.

Date. location & rime of:


PLANNING" ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 P m.
City HaD. 825 W. Irving Blvd., Irving, Texas
--13
Thursday, Septembe~ 2010, 7 p.m.
CITY COUNCR. MEEDNG:
City HaN, 825 W. Irving Blvd., Irving. Texas

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

Packet Pg. 498


33.z

PUBLIC COMMENT FORM


(Plea. . type or use black ink)

Department of Planning and Inspections


PO Box 152288
Irving, Texas 7501~2288

.JL.. I am FOR the requested zoning as explained on the attached public notice for Zoning Case

Attachment: Z: Additional Public Comment Forms in Favor (ORD-2010-9207 : 11 - ZC10-0030)


#ZC10-0030.

I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

Date, Location & Tune of:


PLANNING & ZONING
COM.SSION MEETING: Monday, August 2, 2010. 7 P m.

City Hall, 825 W. Irving Blvd., Irving, Texas

'::;.3

CITy COUNCIL MEEDNG: Thursday, September~ 2010,7 p.m.

City Hall, 825 W. Irving Blvd., Irving, Texas

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

Packet Pg. 499


34

AGENDA ITEM SUMMARY

Meeting: 9/23/2010 DOC ID: 3573


Recommending Department: Planning & Inspections LSR No: N/A

Ordinance -- Zoning Case #ZC10-0032 - Granting S-P-2 (Generalized Site


Plan) for P-O (Professional Office) and Training School Uses -
Approximately 7.7 Acres Located at 400 East Airport Freeway - JDJR
Engineers and Consultants, Inc., Applicant - Ford Leasing Development
Company, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation:
September 7, 2010 – Favorable 8-0, with the stipulation that the site plan be revised
per the staff recommendations (Commissioner Foust, absent).
3. The applicant is requesting rezoning to allow an aircraft maintenance training
school.
4. The property is currently developed with an existing one-story 35,487 square foot
metal and masonry main building and a one-story 6,040 square foot metal
secondary building. The applicant is proposing to use the existing buildings as a
training facility for aircraft maintenance.
5. The applicant has provided a letter detailing the studies and curriculum that the
Aviation Institute of Maintenance (AIM) provides and an explanation of the type of
testing to be performed at the site as a part of the “hands-on-training” and non-
classroom work.
6. The applicant’s proposed concept plan shows a 3,276 square foot addition to the
existing 35,487 square foot metal and masonry building to match the existing
structure. Notes on the plan stipulate that the main building shall meet Commercial
Building Design Standards (Sec. 52-35c of the zoning ordinance) if the building is
expanded beyond 42,600 square feet, or if more than 50% of the square footage of
the building is destroyed. These stipulations also apply to the secondary building if
expanded beyond 7,250 square feet or if more than 50% of the square footage of
the building is destroyed. All new buildings must meet the requirements of Sec. 52-
35c.
7. Notes on the plan also limit the location and type of outside testing of aircraft and
aircraft components.
8. The applicant is proposing additional landscaping of 57 large trees, 14 ornamental
trees, 160 screening shrubs, Bermuda grass and a planter bed to meet the current
ordinance standards.
9. All other requirements of the P-O district will be met.
10. The stipulation of the Planning and Zoning Commission has been met.
11. Public notices were sent to sixteen (16) property owners, with two (2) letters in
support and none in opposition received.

Packet Pg. 500


34

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)

CURRENT YEAR FINANCIAL IMPACT:


NONE

REVISION INFORMATION:
Prepared: 9/7/2010 05:07 PM by Sharon Brown
Last Updated: 9/16/2010 01:11 PM by Sharon Brown

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34

ORDINANCE NO. (ID # 3573)

ZONING CASE NO. ZC10-0032


ZONING CLASSIFICATION – S-P-2

AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING


ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE IRVING LINCOLN
MERCURY ADDITION, AND LOCATED AT 400 EAST AIRPORT FREEWAY, MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT A ATTACHED HERETO; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM C-OU-2 COMMERCIAL OUTDOOR
DISTRICT USE UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN
DISTRICT USE FOR P-O AND TRAINING SCHOOL USES UNDER ORDINANCE NO. 1144,
AND ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE;
CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE
OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING
THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING
ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING A PENALTY.

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;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


IRVING, TEXAS:

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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Packet Pg. 504
34

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

-4-
Packet Pg. 505
34.a

Packet Pg. 506


Attachment: B: September 7, 2010 Planning and Zoning Meeting Minutes (3573 : 11 - ZC10-0032)
34.b

Packet Pg. 507


Attachment: C: Vicinity Map (3573 : 11 - ZC10-0032)
34.c

Packet Pg. 508


Attachment: D: Surrounding Zoning Map (3573 : 11 - ZC10-0032)
34.d

Packet Pg. 509


Attachment: E: Property Owner Notification Map and List (3573 : 11 - ZC10-0032)
34.d

Packet Pg. 510


Attachment: E: Property Owner Notification Map and List (3573 : 11 - ZC10-0032)
34.e

Packet Pg. 511


Attachment: F: Letter of Explanation of the Trade School (3573 : 11 - ZC10-0032)
34.e

Packet Pg. 512


Attachment: F: Letter of Explanation of the Trade School (3573 : 11 - ZC10-0032)
34.e

Packet Pg. 513


Attachment: F: Letter of Explanation of the Trade School (3573 : 11 - ZC10-0032)
34.e

Packet Pg. 514


Attachment: F: Letter of Explanation of the Trade School (3573 : 11 - ZC10-0032)
34.f

Packet Pg. 515

Attachment: G: Site Plan and Concept Plan (3573 : 11 - ZC10-0032)


34.f

Packet Pg. 516

Attachment: G: Site Plan and Concept Plan (3573 : 11 - ZC10-0032)


34.g

Packet Pg. 517


Attachment: H: Public Comment Forms in Support (3573 : 11 - ZC10-0032)
34.g

Packet Pg. 518


Attachment: H: Public Comment Forms in Support (3573 : 11 - ZC10-0032)
34.h

Packet Pg. 519


Attachment: A: City Council Memo (3573 : 11 - ZC10-0032)
34.h

Packet Pg. 520


Attachment: A: City Council Memo (3573 : 11 - ZC10-0032)

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