IrvingCC Packet 2011-05-05

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AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, MAY 5, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 05/5/2011 1

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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, MAY 4, 2011 -- FIRST FLOOR CITY COUNCILCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M.------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st FloorCity Council Conference Room Or City CouncilChamber Conference Room, Civic CenterComplex

7:00 P.M. -----------------------------------------------------------Organizational Service Announcements

Invocation

Pastor Leon Adkins, Berean Memorial Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 14

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ONTHE FOLLOWING DAY IN THE COUNCIL CHAMBER.

ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONGAS 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 orassistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.




CITY COUNCIL AGENDA

1 City Operations Update

CONSENT AGENDA

2. Approving work session minutes for Wednesday, April 20, 2011

3. Approving regular meeting minutes for Thursday, April 21, 2011

4 Resolution -- Approving a Texas Traffic Safety Program Grant AgreementBetween the City of Irving and the State of Texas, Acting by and throughthe Texas Department of Transportation for a Selective TrafficEnforcement Program (STEP) Grant for the "Click it or Ticket" Campaign

Administrative Comments

1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. Impact: This grant will be used to conduct occupant protection enforcement effortsduring the upcoming Memorial Day Holiday weekend.

3. This grant is effective from March 1, 2011, to September 30, 2011.

4. The grant is 100% funded at $6,200.00, and no matching funds are required.

Recommendation

The resolution be approved.

5 Resolution -- Approving a Memorandum of Agreement with the City ofDallas to Participate as a Texas Task Force II Member



2. Impact: The agreement establishes interoperability guidelines for the multi-

jurisdictional deployment of resources for Texas Task Force II and defines the

response funds reimbursement process for Irving and other participating agencies.

Recommendation

The Resolution be approved.




6 Resolution -- Approving a Sales Contract for the Acquisition of a Single-Family Residence Located at 214 Larry Drive – Willie Mae Nobles, PropertyOwner


1. This item supports Strategic Goal No. 7: Cultural, Recreational and EducationalEnvironments.

2. Impact: Acquisition of this property will provide flexibility to accommodate municipalpurposes.

3. The 2010 tax assessed value of the property is $83,220.00. The property ownerhas agreed to sell the property for $74,690.00, plus closing costs not to exceed$5,000.00.

4. Funding in the amount of $79,690.00 is available in the Library Bond Fund.

Recommendation


Bids & Purchasing ItemsItems 7 - 9

7 Resolution -- Approving and Accepting the Bids of Metro Valve & Pipe Inc.,HD Supply Waterworks, and Municipal Water Works for Brass Fittings


1. This item supports Strategic Goal No. 9: Infrastructure Network.

2. This item has been recommended by Water Utilities.

3. Impact: Brass fittings are used for repairs in the city’s water distribution system and

for water service installations. The bid specifications and quantities were revisedunder the Lean Six Sigma Warehouse Inventory project which resulted in a savingsof approximately $41,600.00.

4. This award establishes annual contracts to provide brass fittings.

5. Funding in the net estimated annual amount of $77,306.23 for these one-yearcontracts is available in the Water and Sewer System Fund.

Vendors Groups FY 2010-11Est.

Expenditure

FY 2011-12Est.

Expenditure

Total Est.Expenditure

Metro Valve & PipeInc.

I-V, VIII, IX, XI-XIII

$36,207.72 $25,862.65 $62,070.37

HD SupplyWaterworks

VI, VII $5,794.89 $4,139.21 $9,934.10

Municipal WaterWorks

X $3,092.69 $2,209.07 $5,301.76

Total $45,095.30 $32,210.93 $77,306.23

Recommendation





8 Resolution -- Approving and Accepting the Bids of Municipal Water WorksSupply, and Ferguson Waterworks for Couplings, Clamps, and ServiceSaddles




3. Impact: Couplings, clamps and service saddles are used for repairs in the city’swater distribution system and for new service connections. The bid specificationsand quantities were revised under the Lean Six Sigma Warehouse inventory projectwhich resulted in a savings of approximately $84,262.00.

4. This award establishes annual contracts to provide couplings, clamps and servicesaddles.

5. Funding in the net estimated annual amount of $51,653.45 for this one-year

contract is available in the Water and Sewer System Fund.Vendors Groups FY 2010-11 Est.

ExpenditureFY 2011-12 Est.

ExpenditureTotal Est.

Expenditure

Municipal WaterWorks Supply, LP

1-5 $22,175.73 $22,175.72 $44,351.45

FergusonWaterworks

6 $ 3,651.00 $ 3,651.00 $7,302.00

Total $25,826.73 $25,826.72 $51,653.45

Recommendation


9 Resolution -- Approving and Accepting the Bid of Butler Animal HealthSupply, LLC; dba Butler Schein Animal Health for an Annual Contract toProvide Veterinarian Vaccines, Medicines, and Related Supplies


1. This item supports Strategic Goal No. 8: Sound Governance.

2. This item has been recommended by Code Enforcement – Animal Services.

3. Impact: These supplies allow Irving Animal Services to vaccinate and treat animalsentrusted into our care, giving us the ability to maintain a healthy companion animalpopulation at the Irving Animal Care Campus.

4. This award establishes an annual contract to provide veterinary supplies.




5. Funding in the net estimated annual amount of $170,267.20 for this one-yearcontract is available in the General Fund.

Vendor FY 2010-11 Est.Expenditure

FY 2011-12 Est.Expenditure

Total Est. Expenditure

Butler Schein AnimalHealth

$70,944.65 $99,322.55 $170,267.20

RecommendationThe resolution be approved.

End of Bids

ZONING CASES AND COMPANION ITEMS

10 Ordinance -- Zoning Case #ZC11-0002 - Granting S-P-1 (Detailed Site Plan)for Event Hall Uses - Approximately 0.22 Acres Located at 3225 WestAirport Freeway - As Needed Party Rentals, Applicant - Imperial Airport LP,Owner


1. This item supports Strategic Goal No. 1: Land Use.

2. Planning and Zoning Commission Hearing Date and Recommendation: April 18,2011 – Favorable 5-0 (Commissioners Fischer, LaRose, Randall and Webb,absent).

3. The applicant is requesting a zoning change to allow an event hall.4. The Comprehensive Plan’s Future Land Use Map recommends Retail uses for this

property. This request is in conformance with the Comprehensive Plan. Theproperty is also within the SH 183 Overlay District.

5. The property is zoned C-C and is a lease space in a multi-tenant retail center. Theapplicant is currently operating the Oasis Ballroom adjacent to the proposedbanquet hall. This request is identical to the zoning for the adjacent event hall,which was zoned S-P-1 (Detailed Site Plan) for Event Hall uses in 2009, but eachwill be a separate facility with individual ingress and egress. The overall size of therequested area is 9,782 sq. ft.




6. The site plan notes the following requirements and stipulations:

a. Event hours are limited to between 10:00 AM and 12:00 PM.b. Capacity shall be limited to 300 guestsc. A manager or security guard must remain on site during all events and during

any post-event cleanup activity conducted after 10:00 PM.d. Events occurring after 7:00 PM shall have at least two security guards on site

when alcohol is present.e. All events must be indoors. No outdoor activities of any kind are permitted.f. Doors must remain closed to the outside.g. No loitering in the parking lot permitted.

These requirements are the same as the existing facility.

7. The occupancy of the hall is limited to 300. The space will require 62 parkingspaces for 6200 sq. ft. of open hall area. The total parking for the center is 359spaces, with 304 used by existing tenants and this proposed new use. Most of theremaining lease spaces are small, and there will be sufficient parking for additionalretail tenants. While there will be some loss of parking due to the SH 183expansion, the expansion will also require the front building to be demolished.Therefore staff believes there will still be sufficient parking on site. Additionally,there will be little conflict with the other uses on the evening events. Citibank andAmeriLife do not have evening hours and are closed on weekends. FedEx Kinkohas 30 spaces allocated to it and closes at 9 PM.

8. The Police Department has expressed no objection to this request.

9. Public notices were mailed to five (5) property owners with none received in favor oropposition.

RecommendationThe ordinance be adopted per the recommendation of the Planning and ZoningCommission.

11 Ordinance -- Zoning Case #ZC11-0005 - Granting S-P-1 (Detailed Site Plan)for Hotel Uses - Approximately 2.0 Acres Located at 4700 Plaza Drive -ADR Designs, Applicant - Kriya Management Group, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: April 18,2011 – Favorable 5-0 (Commissioners Fischer, La Rose, Randall, and Webb,absent) subject to several notes being added to the site plan per the staffrecommendation.

3. The applicant is requesting a zoning change to allow a 92-unit hotel developmentwith exceptions to the required room count and meeting space.

4. The Comprehensive Plan’s Future Land Use Map recommends Light Commercial uses for this property. This request is in conformance with the Comprehensive Plan.




5. The property is currently zoned S-P-1 (Detailed Site Plan) for a 4-story hotel with 86rooms, 661 sq. ft. of meeting area, and 106 total parking spaces. The building wasto be made of brick and concrete masonry units and was designed with a peakedroof with asphalt shingles. This case was approved in 2006, and met all therequirements of the Hotel Development Standards in place at that time.

6. The applicant is proposing an alternative hotel development with a different brand.Under the Hotel Development Standards adopted in 2007 (Sec. 52-35b of thezoning ordinance), a minimum of 200 rooms and a minimum of 5000 sq. ft ofmeeting space is required, as well as a full-service restaurant. The applicant isproposing a 4-story 92-room hotel, 93 parking spaces, 1300 sq. ft. of meetingspace, a pool and a fitness center. No restaurant is provided.

7. In addition to the requested exceptions for the number of hotel rooms, lack of on-site restaurant facilities, and reduced meeting space on site, the applicant is alsorequesting a variance to the parking requirements. Section 52-35b requiresbetween 105 and 115 parking spaces based on the number of rooms withkitchenette facilities. Staff can support the 12 to 22 space variance provided that thehotel provides free on-call airport shuttle service to guests, and that this stipulationbe on the site plan. The City has approved similar variances for other hotels near

DFW Airport.8. The hotel complies with the Hotel Design Standards and the Commercial Design

Standards for articulation and materials. The applicant has cladded the hotelprimarily with brick, stucco, and hardipanel. The applicant has worked with staff tocomply with the articulation requirements, and the building has both requiredvertical and horizontal articulation, as well as a porte-cochere.

9. The size of the site limits the size of a hotel that could be developed. The proposedhotel is consistent with the type of hotels already existing in the area, and thelocation is not suitable for almost any use other than a hotel. Although the hoteldoes not comply with the standards adopted in 2007, the increase in hotel rooms,

amenities and meeting space brings the hotel closer to compliance than thecurrently approved plan.

11. Public notices were sent to nine (9) property owners, with none received in favorand two (2) received in opposition. In addition, one (1) letter of inquiry was receivedfrom DFW Airport, and one (1) letter of information was received from DART. Theopposition represents 16.6% of the property within 200 feet.

Recommendation

The ordinance be adopted per the recommendation of the Planning and ZoningCommission.

The applicant has complied with the Planning and Zoning Commissionrecommendation.




12 Ordinance -- Zoning Case #ZC11-0012 - Granting S-P-2 (Generalized SitePlan) for C-OU-2 (Commercial Outdoor) Uses - Approximately 16.1 AcresLocated at 801 West Airport Freeway - Van Tuyl Group, Applicant - TowneSquare LC-Westway Ford, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: April 18,2011 – Favorable 5-0 (Commissioners Fischer, LaRose, Randall and Webb,absent) for the building addition, overhead doors and the building materials, thelandscaping as shown, and that signs comply with the City’s sign ordinance forsetback, height and area, subject to the numerous corrections being made to thesite plan per the staff recommendations.

3. The applicant is requesting a zoning change to allow a remodeling of the existingautomobile dealership including removal of an existing building, an addition to thecar service buildings with overhead doors facing the street, the use of metal as aprimary cladding material, and sign exceptions.

4. The 2008 Comprehensive Plan Future Land Use Map recommends State Highway 183 Redevelopment Corridor uses for this property. This request is in conformancewith the Comprehensive Plan. The property is also within the SH 183 OverlayDistrict.

5. The subject tracts are used as auto sales and display, a sales office, the serviceand repair shops, and storage of vehicles for a car dealer. The property fronts onboth SH 183 and O’Connor Blvd. There is currently 167,134 sq. ft. of developmenton this tract, and a total of 1639 parking spaces for customers, staff, and cardisplay and storage.

6. This property is being impacted by right-of-way acquisition for the widening of

State Highway 183. At the same time, the automobile company represented by thisfranchise is introducing a service concept called “Quick Lane Service” for itsdealerships throughout the area, with a preferred design and appearance. Theapplicant is taking advantage of this opportunity to bring the location intocompliance with the landscaping and site design requirements of the StateHighway 183 Overlay District now rather than waiting until 3 years afterconstruction of the new frontage roads.

7. As part of this redevelopment, the applicant is proposing to demolish an existingsales building and re-route the existing service drives, and remodel a service drivearea with a new delivery area, a new service area with three overhead doors, anda new “Quick Lane” space for oil changes and other maintenance with twooverhead doors. These service lanes will now access from the south on thefreeway frontage. The new service and “Quick Lane” areas are approximately 9000sq. ft. in size. These areas will be constructed of concrete masonry unit block,stucco and architectural clad metal (ACM). The applicant is also renovating thenew car sales office.




8. The Commercial Design Standards prohibit overhead doors from facing StateHighway 183. The applicant is proposing 6 doors that are on the freeway frontagefor the service lanes, set back from the street more than 200 feet, and hidden fromview by the buildings on the east elevation and new landscaping in the streetscapearea. Since the doors are setback and shielded, they will not be visible from trafficin either direction.

9. The Commercial Design Standards prohibit metal as a primary exterior material.The elevations provided call for an architectural clad metal, and a corrugated metalsystem, and are used as a detail on some frontages, and as much as 49% on thesouth elevation. Since this is an architectural system that provides a finished lookto the new areas and not the type of plain, corrugated metal panels that theCommercial Design Standards are intended to prohibit, staff can support its use onthis development. The walls will additionally use stucco, concrete masonry units,and cement board.

10. The applicant is requesting to keep the existing large electronic sign and the 110 ft.flag pole on the freeway frontage as part of this request, and is proposing to re-locate the existing “FORD” pole sign. However, when TxDOT acquired the right-of-way from the owner, the owner was compensated for the removal and replacement

of both signs and the flag pole. Per Section 52-47a of the Zoning Ordinance, nocertificate of occupancy can be granted on a property whose owner has beencompensated for demolition or removal of improvements. Therefore, per theexisting ordinance, the signs and the flag pole must be removed prior to issuanceof a certificate of occupancy for the new addition, and any new signs or flag polesmust comply with the sign ordinance.

11. The applicant is proposing landscaping on the 183 frontage to be provided as partof this request. The applicant is proposing 22 new trees to be planted with theexisting in a 30 foot minimum interior parkway and within the display areas visiblefrom SH 183. The applicant will do this now to comply with the SH 183requirements, and not wait for the freeway widening project.

12. Since this case combines 2 zoning designations on the subject property into one,staff recommended adding notes that maintain the key provisions from the existingapproved zoning adjacent to the homes on Hughes Drive. These are requirementsthat currently exist that staff recommends be carried forward with this case.

13. The applicant has complied with the Planning and Zoning Commission stipulationsexcept for the stipulation that the signs be brought into compliance with the signordinance.

14. Public notices were sent to seventy-two (72) property owners with none received infavor or in opposition.

RecommendationThe ordinance be adopted per the recommendation of the Planning and ZoningCommission with the additional stipulation that the signs and flag pole be brought intoconformance with the sign ordinance prior to issuance of a certificate of occupancy forthe new construction.




APPOINTMENTS AND REPORTS

13 Mayor’s Report

14 Adjournment

Citizens’ Forum

Citizens are invited to speak for three (3) minutes on matters relating to Citygovernment and on items not listed on the regular agenda.



WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

Apr il 20, 2011

The Irving City Council met in work session April 20, 2011at 11:07 a.m. The followingmembers were present/absent:

Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman AbsentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

DISCUSSION TOPIC

1 Review of Regular Agenda


Tommy Gonzalez, City Manager, requested that Doug Janeway, ChiefDevelopment Officer, present the Airport Freeway Redevelopment activity andthe map associated with that activity.

CONSENT AGENDA

9 Resolution -- Approving an Addendum to an Agreement Between City of Irving

and DART to Reallocate Local Assisting Program Funds to Offset the Cost ofConstruction of Belt Line Grade Separation Project.

Dan Vedral, Traffic & Transportation Interim Director, described the agreement

with DART for completion of the Belt Line Grade Separation Project.

10 Resolution -- Approving an Agreement Between the City of Irving and DART to

Release Local Assisting Program Funds to Offset the Cost of the Hunter Ferrell

Improvement Project.

Dan Vedral, Traffic & Transportation Interim Director, described the agreement

with DART for completion of the Hunter Ferrell Road Improvement Project.


21 Ordinance -- Amending the Comprehensive Plan to Change the Recommended

Land Use from Retail to Light Commercial and Granting S-P-2 (Generalized Site

Plan) for Retail and Mini-Warehouse with Caretaker's Quarters Uses in Zoning

Case #ZC10-0050 - Approximately 7.2 Acres Located on the Southwest Corner

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City Council Work SessionApril 20, 2011

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of State Highway 161 and Walnut Hill Lane - Assured Group, Applicant - Don

Valk, Owner (Postponed from March 24, 2011)

Ken Bloom, Chief Planner, presented the applicant’s request and described the

proposed Phase I and Phase II but stated that there is no guarantee that Phase

II will be developed. He noted that the Planning & Zoning Commission

recommended approval of this zoning change but staff recommends denial of

the request; staff feels that office and retail is more appropriate for the area as

stipulated in the Comprehensive Plan. Mr. Bloom confirmed that due to 24.8% of

opposition within the 200 feet of the property; ¾ approval of the Council is

required to approve the case.

22 Ordinance -- Zoning Case #ZC11-0004 - Granting S-P-2 (Generalized Site Plan)

for R-MF-2 (Multifamily) Uses, and Approving Multifamily Concept Plan MF11-

0001 - Approximately 12.21 Acres Located on the North Side of Spur 348, West

of Riverside Drive - Womack + Hamption, Applicant - Lincoln Northwest Phase

2, LP, Owner

Ken Bloom, Chief Planner, presented the applicant’s request. Staff recommends

approval of this item.


23 Mayor’s Report

The Mayor requested that the City Manager provide a written recommendationin response to a vote taken by the Irving Fire Fighters Association as it pertainsFire Chief Mario Molina.

Council recessed at approximately 12:15 p.m.Council reconvened at approximately 1:00 p.m.

2 Voice of the Customer

Johanna Mandel, Performance Audit Manager, presented tools utilized to gatherinformation about the voice of the customer, which includes: Public hearings/forums,

community meetings, town hall meetings, neighborhood roundtables, citizen inquirysystem, eyes on Irving, city website, ICTN, City Spectrum, advisoryboards/committees, focus groups, one-on-one contact, by phone and by email.

3 Employee Survey Results

Lynda Johnson, Human Resources/ Performance Officer, described the results of theemployee survey and improvements planned as a result.

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REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

Apr il 21, 2011

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The City Council met in regular session in the Council Chambers of the City HallComplex on Thursday, April 21, 2011 at approximately 7:10 p.m. The following

members were present / absent:

Attendee Name Organization Title Status ArrivedHerbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman AbsentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

INVOCATION

The invocation was delivered by Pastor Patrick Wooten of Grace Point Church of theCity Of Irving, Texas.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

Mayor Gears recognized Alma Carrillo, a high school volunteer who was the recipient of2011 Jean Griffin Award by Municipal Court for exceptional leadership qualities andpersonal growth.

Mayor Gears presented the proclamation for Civility Awareness Month to Linda Thomas

Mayor Gears presented two proclamations to Housing and Human Services boardmembers for National Fair Housing month and National Community DevelopmentAssociation Week. A video on the city's housing program was presented.

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CITY COUNCIL AGENDA


Bradley Perrier, Director of Strategic Services Team, presented a video regarding theWest Irving Library grand opening.

CONSENT AGENDA

Motioned by Councilwoman Cannaday, seconded by Councilman Santoscoy to approveconsent agenda items 2 - 20 and pull item 12 for discussion.

2 Approving Minutes for Wednesday, April 06, 2011

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Rose Cannaday, Councilwoman

SECONDER: Roy Santoscoy, Councilman

AYES: Gears, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy,Gallaway

ABSENT: Allan Meagher

3 Approving Minutes for Thursday, April 07, 2011

RESULT: ACCEPTED [UNANIMOUS]





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4 Resolution No. RES-2011-93 -- Approving an Amendment to the TexasTraffic Safety Program Grant Agreement Between the City of Irving and theState of Texas, Acting by and through the Texas Department ofTransportation, for a Selective Traffic Enforcement Program (STEP) Grant

RESULT: ADOPTED [UNANIMOUS]





5 Resolution No. RES-2011-94 -- Approving Partial Settlement - City of Irving

and Fred Curtis v. Aetna Fire Underwriters Insurance Company n/k/a AceFire Underwriters Insurance Company, Pacific Employers InsuranceCompany n/k/a Ace Fire Underwriters Insurance Company, and StateNational Insurance Company, Inc.




AYES: Gears, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy,

GallawayABSENT: Allan Meagher

6 Resolution No. RES-2011-95 -- Approving an Agreement Between the City ofIrving and The Texas Department of Transportation (TxDOT) for GatewayMonument Signs






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7 Resolution No. RES-2011-96 -- Approving an Agreement between the City ofIrving and The Garland Company, Inc., (dba) Design-Build Solutions, Inc.,to Replace the Roof at the Senter Park Recreation Center






8 Resolution No. RES-2011-97 -- Rejecting Bids for the Hospital DistrictGreenspace Project






9 Resolution No. RES-2011-98 -- Approving an Addendum to an AgreementBetween City of Irving and DART to Reallocate Local Assisting ProgramFunds to Offset the Cost of Construction of Belt Line Grade SeparationProject.




AYES: Gears, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy,

GallawayABSENT: Allan Meagher

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10 Resolution No. RES-2011-99 -- Approving an Agreement Between the City ofIrving and DART to Release Local Assisting Program Funds to Offset theCost of the Hunter Ferrell Improvement Project.






11 Resolution No. RES-2011-100 -- Authorizing the Mayor to Sign aSponsorship Agreement Between the City of Irving on Behalf of the Irving

Convention and Visitors Bureau (ICVB) and the Salesmanship ClubCharitable Golf of Dallas for the 2011 HP Byron Nelson Championship






12 Resolution No. RES-2011-101 -- Approving Amendment No. 3 to theAgreement with HC Beck, Ltd. for Project Management Services Related tothe Design and Construction of the Irving Convention Center

The following individual(s) signed up to speak in support of this item:Kensley Stewart, 3916 Tacoma, Irving, TX 75062

The following individual(s) signed up in support of this item but did not wish tospeak:

Emmanuel Lewis, Jr., 1909 Anderson, St., Irving, TX 75062

Motioned by Councilman Patrick, seconded by Councilwoman Cannaday toapprove an amendment No. 3 to the agreement with HC Beck, Ltd. for projectmanagement services related to the design and construction of the IrvingConvention Center.

Motion approved 8-0.

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MOVER: Lewis Patrick, Councilman

SECONDER: Rose Cannaday, Councilwoman



13 Resolution No. RES-2011-102 -- Renewing the Annual Contract with GSTPublic Safety Supply, for Police Department Uniforms






14 Resolution No. RES-2011-103 -- Approving the Purchase from Sam Pack’sFive Star Ford for Two Ford F-250 X 3/4 Ton Pickup Trucks with Chassis

Mount Animal Control Units through the State of Texas ProcurementSupport Services (TPASS)






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15 Resolution No. RES-2011-104 -- Renewing the Annual Contract withLifeProtection Maintenance & Consulting, Inc., for Monitoring,Maintenance, and Inspection of Alarm Systems






16 Resolution No. RES-2011-105 -- Renewing the Annual Contract to ACS

Government Systems Inc., for Banner Software Maintenance






17 Resolution No. RES-2011-106 -- Approving and Accepting the Bid fromDataWorks Plus, LLC, for Photo Management System Software






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18 Resolution No. RES-2011-107 -- Approving the Leases with Xerox forReplacement Copiers Utilizing the Cooperative Purchasing Network (TCPN)Program






19 Resolution No. RES-2011-108 -- Approving and Accepting the Bid from Ruiz

Protective Services, Inc., for Security Service at Irving Arts Center






20 Ordinance No. ORD-2011-9251 -- Authorizing the Abandonment of a Portionof a Public Utility Easement on Block 25, Eighth Installment of theNorthgate West Addition Located at 3501 N. MacArthur Boulevard






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21 Ordinance No. ORD-2011-9242 -- Amending the Comprehensive Plan toChange the Recommended Land Use from Retail to Light Commercial and

Granting S-P-2 (Generalized Site Plan) for Retail and Mini-Warehouse withCaretaker's Quarters Uses in Zoning Case #ZC10-0050 - Approximately 7.2Acres Located on the Southwest Corner of State Highway 161 and WalnutHill Lane - Assured Group, Applicant - Don Valk, Owner (Postponed fromMarch 24, 2011)

Mayor Gears opened the public hearing at approximately 8:00 p.m.

Mike Anderson, 3819 Town Crossing, Suite 200, Mesquite, representative for theapplicant, was present to give an overview of the proposed request.

Mayor Gears closed the public hearing at approximately 8:00 p.m.

Notices were mailed to thirty-eight (38) property owners within 200 feet of thesubject property, with no letters received in support, one (1) letter of inquiry andthree (3) notices received in opposition. The opposition represents 24.8% of theproperty within 200 feet. Since property owners who have provided writtenopposition represent 20% or more of the land area within a 200 - foot radius ofthe property in question, state law requires a 3/4 vote of the entire council toapprove the zoning case.

Motioned by Councilwoman Cannaday, seconded by Councilman Philipp to

indefinitely postpone Amending the Comprehensive Plan to Change theRecommended Land Use from Retail to Light Commercial and Granting S-P-2(Generalized Site Plan) for Retail and Mini-Warehouse with Caretaker's QuartersUses in Zoning Case #ZC10-0050 - Approximately 7.2 Acres Located on theSouthwest Corner of State Highway 161 and Walnut Hill Lane - Assured Group,Applicant - Don Valk, Owner


RESULT: POSTPONED [UNANIMOUS]

MOVER: Rose Cannaday, CouncilwomanSECONDER: Joe Philipp, Councilman



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22 Ordinance No. ORD-2011-9252 -- Zoning Case #ZC11-0004 - Granting S-P-2(Generalized Site Plan) for R-MF-2 (Multifamily) Uses, and ApprovingMultifamily Concept Plan MF11-0001 - Approximately 12.21 Acres Locatedon the North Side of Spur 348, West of Riverside Drive - Womack +Hamption, Applicant - Lincoln Northwest Phase 2, LP, Owner

Mayor Gears opened the public hearing at approximately 8:25 p.m.

Mayor Gears closed the public hearing at approximately 8:25 p.m.

Motioned by Councilman Patrick, seconded by Councilwoman Cannaday toapprove Zoning Case #ZC11-0004 - Granting S-P-2 (Generalized Site Plan) forR-MF-2 (Multifamily) Uses, and Approving Multifamily Concept Plan MF11-0001 -Approximately 12.21 Acres Located on the North Side of Spur 348, West ofRiverside Drive - Womack + Hamption, Applicant - Lincoln Northwest Phase 2,LP, Owner



MOVER: Lewis Patrick, Councilman

SECONDER: Rose Cannaday, Councilwoman




23 Mayor’s Report

There was no mayor's report presented at this meeting.

24 Adjournment

The meeting adjourned at approximately 8:27 p.m.

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Citizens’ Forum

John Sherburn, 1501Singleton, Haslet, TX - Mr. Sherburn spoke to the leadership ofChief Molina and requested that actions be taken so that the firefighters are safe andcan continue to do their work.

John Smith, 1114 Douglas, Irving, TX - Mr. Smith spoke regarding low morale within theFire Department. He stated that the department’s morale is directly attributable to theleadership of Chief Molina. Mr. Smith added that there was no trust or confidence inChief Molina.

Rick Sanderson, 603 Country Green, Arlington, TX - Mr. Sanderson asked the CityCouncil to ensure that in the future they receive fair, reasonable and progressivediscipline based on conduct performed.

Phillip Dunn, 512 Arawe Circle, Irving, TX - Mr. Dunn spoke regarding concerns for

safety, morale and leadership associated with the Irving Fire Department.

Roy Harvey, 845 W. Irving Blvd, Irving, TX - Mr. Harvey spoke regarding an unhealthywork environment that he believes is within the Irving Fire Department.

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AGENDA ITEM SUMMARY

Meeting: 5/5/2011 DOC ID: 3910Recommending Department: Police LSR No: 12284

Resolution -- Approving a Texas Traffic Safety Program Grant Agreement

Between the City of Irving and the State of Texas, Acting by and throughthe Texas Department of Transportation for a Selective Traffic EnforcementProgram (STEP) Grant for the "Click it or Ticket" Campaign



2. Impact: This grant will be used to conduct occupant protection enforcement effortsduring the upcoming Memorial Day Holiday weekend.

3. This grant is effective from March 1, 2011, to September 30, 2011.

4. The grant is 100% funded at $6,200.00, and no matching funds are required.Recommendation


ADDITIONAL COMMENTS:

Contract Required: Yes Review Completed By: Jennifer Richie

Previous Action: N/A Council Action: N/A

ATTACHMENTS:

RES: 2011 Ciot Grant (PDF)

CURRENT YEAR FINANCIAL IMPACT:

NONE

REVISION INFORMATION:

Prepared: 4/15/2011 01:30 PM by Darlene JenkinsLast Updated: 4/25/2011 02:52 PM by Darlene Jenkins

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Texas Traffic Safety eGrants

Fiscal Year 2011

Organization Name: City of Irving

Legal Name: City of Irving

Payee Identification Number: 17560005666011

Project Title: STEP - Click It Or Ticket Mobilization

ID: 2011-Irving-CIOT-00025

Period: 03/01/2011 to 09/30/2011

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City of IrvingSTEP - Click It Or Ticket Mobilization

2011-Irving-CIOT-00025 Printed On: 4/15/2011

TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

The signatory of the Subgrantee hereby represents and warrants that she/he is an officerof the organization for which she/he has executed this agreement and that she/he has full

and complete authority to enter into this agreement on behalf of the organization.THE SUBGRANTEE THE STATE OF TEXAS

City of Irving

Executed for the Executive Director andApproved for the Texas TransportationCommission for the purpose and effect ofactivating and/or carrying out orders, establishedpolicies or work programs approved andauthorized by the Texas TransportationCommission

By: _______________________________ [Authorized Signature]

By: ____________________________________ [District Engineer Texas Department ofTransportation]

_______________________________ [Name]

_______________________________ [Name]

________________________________

[Title]

________________________________

[Title]

Date: __________________________ Date: __________________________

Under the authority of Ordinance orResolution Number (for localgovernment):(If Applicable)

______________________________

[Resolution Number]

By: ________________________________ Director, Traffic OperationsDivision TexasDepartment of Transportation (Not required forlocal project grants under $100,000.00)

Date: __________________________

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General Information

Project Title STEP - Click It Or Ticket

Project Description To increase occupant restraint use in all passenger vehicles and trucks byconducting an intense occupant protection enforcement and publicinformation and education effort during the Enforcement period.

How many years has your organization received funding for this project?

This will beour fourthyear.

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Texas Traffic Safety Program

GRANT AGREEMENT GENERAL TERMS AND CONDITIONS

ARTICLE 1. COMPLIANCE WITH LAWS

The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,ordinances, rules and regulations, and the orders and decrees of any courts oradministrative bodies or tribunals in any matter affecting the performance of thisAgreement, including, without limitation, workers’ compensation laws, minimum andmaximum salary and wage statutes and regulations, nondiscrimination laws andregulations, and licensing laws and regulations. When required, the Subgrantee shallfurnish the Department with satisfactory proof of its compliance therewith.

ARTICLE 2. STANDARD ASSURANCES

The Subgrantee hereby assures and certifies that it will comply with the regulations,policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMBCircular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMBCircular A-133; and the Department’s Traffic Safety Program Manual, as they relate to theapplication, acceptance, and use of federal or state funds for this project. Also, theSubgrantee assures and certifies that:

A. It possesses legal authority to apply for the grant; and that a resolution, motion, orsimilar action has been duly adopted or passed as an official act of the applicant’sgoverning body, authorizing the filing of the application, including all understandings

and assurances contained therein, and directing and authorizing the personidentified as the official representative of the applicant to act in connection with theapplication and to provide such additional information as may be required.

B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964(Public Law 88-352), as amended, and in accordance with that Act, no person shalldiscriminate, on the grounds of race, color, sex, national origin, age, religion, ordisability.

C. It will comply with requirements of the provisions of the Uniform RelocationAssistance and Real Property Acquisitions Act of 1970, as amended; 42 USC(United States Code) §§4601 et seq.; and United States Department ofTransportation (USDOT) regulations, “Uniform Relocation and Real Property

Acquisition for Federal and Federally Assisted Programs,” 49 CFR, Part 24, whichprovide for fair and equitable treatment of persons displaced as a result of federaland federally assisted programs.

D. It will comply with the provisions of the Hatch Political Activity Act, which limits thepolitical activity of employees. (See also Article 25, Lobbying Certification.)

E. It will comply with the federal Fair Labor Standards Act’s minimum wage andovertime requirements for employees performing project work.

F. It will establish safeguards to prohibit employees from using their positions for a

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purpose that is or gives the appearance of being motivated by a desire for privategain for themselves or others, particularly those with whom they have family,business, or other ties.

G. It will give the Department the access to and the right to examine all records, books,papers, or documents related to this Grant Agreement.

H. It will comply with all requirements imposed by the Department concerning specialrequirements of law, program requirements, and other administrative requirements.

I. It recognizes that many federal and state laws imposing environmental andresource conservation requirements may apply to this Grant Agreement. Some, butnot all, of the major federal laws that may affect the project include: the NationalEnvironmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the CleanAir Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the FederalWater Pollution Control Act, as amended, 33 USC §§1251 et seq.; the ResourceConservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and theComprehensive Environmental Response, Compensation, and Liability Act, asamended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.

Environmental Protection Agency, USDOT, and other federal agencies have issued,and in the future are expected to issue, regulation, guidelines, standards, orders,directives, or other requirements that may affect this Project. Thus, it agrees tocomply, and assures the compliance of each contractor and each subcontractor,with any such federal requirements as the federal government may now or in thefuture promulgate.

J. It will comply with the flood insurance purchase requirements of Section 102(a) ofthe Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a)requires, on and after March 2, 1975, the purchase of flood insurance incommunities where such insurance is available as a condition for the receipt of anyfederal financial assistance for construction or acquisition purposes for use in any

area that has been identified by the Secretary of the Department of Housing andUrban Development as an area having special flood hazards. The phrase “federalfinancial assistance” includes any form of loan, grant, guaranty, insurance payment,rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirectfederal assistance.

K. It will assist the Department in its compliance with Section 106 of the NationalHistoric Preservation Act of 1966 as amended (16 USC 470 et seq.), ExecutiveOrder 11593, and the Antiquities Code of Texas (National Resources Code,Chapter 191).

L. It will comply with Chapter 573 of the Texas Government Code by ensuring that noofficer, employee, or member of the Subgrantee’s governing board or the

Subgrantee’s subcontractors shall vote or confirm the employment of any personrelated within the second degree of affinity or third degree by consanguinity to anymember of the governing body or to any other officer or employee authorized toemploy or supervise such person. This prohibition shall not prohibit the employmentof a person described in Section 573.062 of the Texas Government Code.

M. It will ensure that all information collected, assembled, or maintained by theapplicant relative to this project shall be available to the public during normalbusiness hours in compliance with Chapter 552 of the Texas Government Code,

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unless otherwise expressly provided by law.N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which

requires all regular, special, or called meetings of governmental bodies to be opento the public, except as otherwise provided by law or specifically permitted in theTexas Constitution.

ARTICLE 3. COMPENSATION

A. The method of payment for this Agreement will be based on actual costs incurredup to and not to exceed the limits specified in the Project Budget. The amountincluded in the Project Budget will be deemed to be an estimate only and a higheramount can be reimbursed, subject to the conditions specified in paragraph Bhereunder. If the Project Budget specifies that costs are based on a specific rate,per-unit cost, or other method of payment, reimbursement will be based on thespecified method.

B. All payments will be made in accordance with the Project Budget.

The Subgrantee’s expenditures may overrun a budget category (I, II, or III) in theapproved Project Budget without a grant (budget) amendment, as long as theoverrun does not exceed a total of five (5) percent per year of the maximum amounteligible for reimbursement (TxDOT) in the attached Project Budget for the currentfiscal year. This overrun must be off-set by an equivalent underrun elsewhere in theProject Budget.

If the overrun is five (5) percent or less, the Subgrantee must provide writtennotification to the Department, through the TxDOT Electronic Grants ManagementSystem (eGrants) messaging system, prior to the Request for Reimbursement being

approved. The notification must indicate the amount, the percent over, and thespecific reason(s) for the overrun.

Any overrun of more than five (5) percent of the amount eligible for reimbursement(TxDOT) in the attached Project Budget requires an amendment of this GrantAgreement.

The maximum amount eligible for reimbursement shall not be increased above theGrand Total TxDOT Amount in the approved Project Budget, unless this GrantAgreement is amended, as described in Article 5 of this Agreement.

For Selective Traffic Enforcement Program (STEP) grants only : In the ProjectBudget, Subgrantees are not allowed to use underrun funds from the TxDOTamount of (100) Salaries, Subcategories A, “Enforcement,” or B, “PI&E Activities,” toexceed the TxDOT amount listed in Subcategory C, “Other.” Also, Subgrantees arenot allowed to use underrun funds from the TxDOT amount of (100) Salaries,Subcategories A, “Enforcement,” or C, “Other,” to exceed the TxDOT amount listedin Subcategory B, “PI&E Activities.” The TxDOT amount for Subcategory B, “PI&EActivities,” or C, “Other,” can only be exceeded within the 5 percent flexibility, with

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underrun funds from Budget Categories II or III.C. To be eligible for reimbursement under this Agreement, a cost must be incurred in

accordance with the Project Budget, within the time frame specified in the GrantPeriod of this Grant Agreement, attributable to work covered by this Agreement, andwhich has been completed in a manner satisfactory and acceptable to the

Department.D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.

The term “supplanting,” refers to the use of federal or TxDOT funds to supportpersonnel or an activity already supported by local or state funds.

E. Payment of costs incurred under this Agreement is further governed by one of thefollowing cost principles, as appropriate, outlined in the Federal Office ofManagement and Budget (OMB) Circulars:

A-21, Cost Principles for Educational Institutions;A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,A-122, Cost Principles for Nonprofit Organizations.

F. The Subgrantee agrees to submit monthly or quarterly Requests for

Reimbursement, as designated in this Grant Agreement, within thirty (30) days afterthe end of the billing period. The Request for Reimbursement and appropriatesupporting documentation must be submitted through eGrants.

G. The Subgrantee agrees to submit the final Request for Reimbursement under thisAgreement within forty-five (45) days of the end of the grant period.

H. Payments are contingent upon the availability of appropriated funds.I. Project agreements supported with federal or TxDOT funds are limited to the length

of this Grant Period specified in this Grant Agreement. If the Department determinesthat the project has demonstrated merit or has potential long-range benefits, theSubgrantee may apply for funding assistance beyond the initial Agreement period.Preference for funding will be given to those projects for which the Subgrantee has

assumed some cost sharing, those which propose to assume the largestpercentage of subsequent project costs, and those which have demonstratedperformance that is acceptable to the Department.

ARTICLE 4. LIMITATION OF LIABILITY

Payment of costs incurred hereunder is contingent upon the availability of funds. If at anytime during this Grant Period, the Department determines that there is insufficient fundingto continue the project, the Department shall so notify the Subgrantee, giving notice ofintent to terminate this Agreement, as specified in Article 11 of this Agreement. If at theend of a federal fiscal year, the Department determines that there is sufficient funding and

performance to continue the project, the Department may so notify the Subgrantee tocontinue this agreement.

ARTICLE 5. AMENDMENTS

This Agreement may be amended prior to its expiration by mutual written consent of bothparties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must beexecuted by the parties within the Grant Period, as specified in this Grant Agreement.

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ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK

If the Subgrantee is of the opinion that any assigned work is beyond the scope of thisAgreement and constitutes additional work, the Subgrantee shall promptly notify the

Department in writing through eGrants system messaging. If the Department finds thatsuch work does constitute additional work, the Department shall so advise the Subgranteeand a written amendment to this Agreement will be executed according to Article 5,Amendments, to provide compensation for doing this work on the same basis as theoriginal work. If performance of the additional work will cause the maximum amountpayable to be exceeded, the work will not be performed before a written grant amendmentis executed.If the Subgrantee has submitted work in accordance with the terms of this Agreement butthe Department requests changes to the completed work or parts thereof which involvechanges to the original scope of services or character of work under this Agreement, theSubgrantee shall make such revisions as requested and directed by the Department. This

will be considered as additional work and will be paid for as specified in this Article . If the Subgrantee submits work that does not comply with the terms of this Agreement, theDepartment shall instruct the Subgrantee to make such revisions as are necessary to bringthe work into compliance with this Agreement. No additional compensation shall be paidfor this work.

The Subgrantee shall make revisions to the work authorized in this Agreement, which arenecessary to correct errors or omissions appearing therein, when required to do so by theDepartment. No additional compensation shall be paid for this work.

The Department shall not be responsible for actions by the Subgrantee or any costs

incurred by the Subgrantee relating to additional work not directly associated with or priorto the execution of an amendment.

ARTICLE 7. REPORTING AND MONITORING

Not later than twenty (20) days after the end of each reporting period, the Subgrantee shallsubmit a performance report through eGrants. For short-term projects, only one reportsubmitted by the Subgrantee at the end of the project may be required. For longer projects,the Subgrantee will submit reports at least quarterly and preferably monthly. The frequencyof the performance reports is established through negotiation between the Subgrantee andthe program or project manager.

For Selective Traffic Enforcement Programs (STEPs), performance reports must besubmitted monthly.

The performance report will include, as a minimum: (1) a comparison of actualaccomplishments to the objectives established for the period, (2) reasons why establishedobjectives and performance measures were not met, if appropriate, and (3) other pertinentinformation, including, when appropriate, an analysis and explanation of cost underruns,

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overruns, or high unit costs.

The Subgrantee shall submit the Final Performance Report through eGrants within twenty(20) days after completion of the grant.

The Subgrantee shall promptly advise the Department in writing, through eGrantsmessaging, of events that will have a significant impact upon this Agreement, including:

A. Problems, delays, or adverse conditions, including a change of project director orother changes in Subgrantee personnel, that will materially affect the ability to attainobjectives and performance measures, prevent the meeting of time schedules andobjectives, or preclude the attainment of project objectives or performancemeasures by the established time periods. This disclosure shall be accompanied bya statement of the action taken or contemplated and any Department or federalassistance needed to resolve the situation.

B. Favorable developments or events that enable meeting time schedules and

objectives sooner than anticipated or achieving greater performance measureoutput than originally projected.

ARTICLE 8. RECORDS

The Subgrantee agrees to maintain all reports, documents, papers, accounting records,books, and other evidence pertaining to costs incurred and work performed hereunder,(hereinafter called the records), and shall make such records available at its office for thetime period authorized within the Grant Period, as specified in this Grant Agreement. TheSubgrantee further agrees to retain said records for four (4) years from the date of finalpayment under this Agreement, until completion of all audits, or until pending litigation has

been completely and fully resolved, whichever occurs last.Duly authorized representatives of the Department, the USDOT, the Office of the InspectorGeneral, Texas State Auditor, and the Comptroller General shall have access to therecords. This right of access is not limited to the four (4) year period but shall last as longas the records are retained.

ARTICLE 9. INDEMNIFICATION

To the extent permitted by law, the Subgrantee, if other than a government entity, shallindemnify, hold, and save harmless the Department and its officers and employees from allclaims and liability due to the acts or omissions of the Subgrantee, its agents, or

employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,hold, and save harmless the Department from any and all expenses, including but notlimited to attorney fees, all court costs and awards for damages incurred by theDepartment in litigation or otherwise resisting such claims or liabilities as a result of anyactivities of the Subgrantee, its agents, or employees.

Further, to the extent permitted by law, the Subgrantee, if other than a government entity,agrees to protect, indemnify, and save harmless the Department from and against all

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claims, demands, and causes of action of every kind and character brought by anyemployee of the Subgrantee against the Department due to personal injuries or death tosuch employee resulting from any alleged negligent act, by either commission or omissionon the part of the Subgrantee.

If the Subgrantee is a government entity, both parties to this Agreement agree that noparty is an agent, servant, or employee of the other party and each party agrees it isresponsible for its individual acts and deeds, as well as the acts and deeds of itscontractors, employees, representatives, and agents.

ARTICLE 10. DISPUTES AND REMEDIES

This Agreement supercedes any prior oral or written agreements. If a conflict arisesbetween this Agreement and the Traffic Safety Program Manual, this Agreement shallgovern.The Subgrantee shall be responsible for the settlement of all contractual and administrative

issues arising out of procurement made by the Subgrantee in support of Agreement work.Disputes concerning performance or payment shall be submitted to the Department forsettlement, with the Executive Director or his or her designee acting as final referee.

ARTICLE 11. TERMINATION

This Agreement shall remain in effect until the Subgrantee has satisfactorily completed allservices and obligations described herein and these have been accepted by theDepartment, unless:

This Agreement is terminated in writing with the mutual consent of both parties; or

There is a written thirty (30) day notice by either party; orThe Department determines that the performance of the project is not in the bestinterest of the Department and informs the Subgrantee that the project is terminatedimmediately.

The Department shall compensate the Subgrantee for only those eligible expensesincurred during the Grant Period specified in this Grant Agreement which are directlyattributable to the completed portion of the work covered by this Agreement, provided thatthe work has been completed in a manner satisfactory and acceptable to the Department.The Subgrantee shall not incur nor be reimbursed for any new obligations after theeffective date of termination.

ARTICLE 12. INSPECTION OF WORK

The Department and, when federal funds are involved, the US DOT, or any authorizedrepresentative thereof, have the right at all reasonable times to inspect or otherwiseevaluate the work performed or being performed hereunder and the premises in which it isbeing performed.

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If any inspection or evaluation is made on the premises of the Subgrantee or itssubcontractor, the Subgrantee shall provide and require its subcontractor to provide allreasonable facilities and assistance for the safety and convenience of the inspectors in theperformance of their duties. All inspections and evaluations shall be performed in such amanner as will not unduly delay the work.

ARTICLE 13. AUDIT

The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, PublicLaw (PL) 98-502, ensuring that the single audit report includes the coverage stipulated inOMB Circular A-133, “Audits of States, Local Governments, and Other Non-ProfitOrganizations.”

The state auditor may conduct an audit or investigation of any entity receiving funds fromthe state directly under this Agreement or indirectly through a subcontract under thisAgreement. Acceptance of funds directly under this Agreement or indirectly through a

subcontract under this Agreement acts as acceptance of the authority of the State Auditor,under the direction of the legislative audit committee, to conduct an audit or investigation inconnection with those funds. An entity that is the subject of an audit or investigation mustprovide the state auditor with access to any information the state auditor considers relevantto the investigation or audit.

ARTICLE 14. SUBCONTRACTS

A subcontract in excess of $25,000 may not be executed by the Subgrantee without priorwritten concurrence by the Department. Subcontracts in excess of $25,000 shall contain allapplicable terms and conditions of this Agreement. No subcontract will relieve the

Subgrantee of its responsibility under this Agreement.

ARTICLE 15. GRATUITIES

Texas Transportation Commission policy mandates that employees of the Departmentshall not accept any benefit, gift, or favor from any person doing business with or who,reasonably speaking, may do business with the Department under this Agreement. Theonly exceptions allowed are ordinary business lunches and items that have received theadvanced written approval of the Department’s Executive Director. Any person doing business with or who reasonably speaking may do business with theDepartment under this Agreement may not make any offer of benefits, gifts, or favors to

Department employees, except as mentioned here above. Failure on the part of theSubgrantee to adhere to this policy may result in termination of this Agreement.

ARTICLE 16. NONCOLLUSION

The Subgrantee warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the Subgrantee, to solicit or secure thisAgreement, and that it has not paid or agreed to pay any company or person, other than a

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bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any otherconsideration contingent upon or resulting from the award or making of this Agreement. Ifthe Subgrantee breaches or violates this warranty, the Department shall have the right toannul this Agreement without liability or, in its discretion, to deduct from the Agreementprice or consideration, or otherwise recover the full amount of such fee, commission,

brokerage fee, contingent fee, or gift.

ARTICLE 17. CONFLICT OF INTEREST

The Subgrantee represents that it or its employees have no conflict of interest that would inany way interfere with its or its employees’ performance or which in any way conflicts withthe interests of the Department. The Subgrantee shall exercise reasonable care anddiligence to prevent any actions or conditions that could result in a conflict with theDepartment’s interests.

ARTICLE 18. SUBGRANTEE’S RESOURCES

The Subgrantee certifies that it presently has adequate qualified personnel in itsemployment to perform the work required under this Agreement, or will be able to obtainsuch personnel from sources other than the Department.

All employees of the Subgrantee shall have such knowledge and experience as will enablethem to perform the duties assigned to them. Any employee of the Subgrantee who, in theopinion of the Department, is incompetent or whose conduct becomes detrimental to thework, shall immediately be removed from association with the project.

Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,

and other resources required to perform the work.

ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT

The Subgrantee shall establish and administer a system to procure, control, protect,preserve, use, maintain, and dispose of any property furnished to it by the Department orpurchased pursuant to this Agreement in accordance with its own property managementprocedures, provided that the procedures are not in conflict with the Department’s propertymanagement procedures or property management standards and federal standards, asappropriate, in:

49 CFR, Part 18, “Uniform Administrative Requirements for Grants and CooperativeAgreements to State and Local Governments,” or 49 CFR, Part 19 (OMB Circular A-110), “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and OtherNonprofit Organizations.”

ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

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Upon completion or termination of this Grant Agreement, whether for cause or at theconvenience of the parties hereto, all finished or unfinished documents, data, studies,surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,and equipment and supplies purchased with grant funds shall, at the option of theDepartment, become the property of the Department. All sketches, photographs,

calculations, and other data prepared under this Agreement shall be made available, uponrequest, to the Department without restriction or limitation of their further use.

A. Intellectual property consists of copyrights, patents, and any other form ofintellectual property rights covering any data bases, software, inventions, trainingmanuals, systems design, or other proprietary information in any form or medium.

B. All rights to Department. The Department shall own all of the rights (includingcopyrights, copyright applications, copyright renewals, and copyright extensions),title and interests in and to all data, and other information developed under thiscontract and versions thereof unless otherwise agreed to in writing that there will be

joint ownership.

C. All rights to Subgrantee. Classes and materials initially developed by theSubgrantee without any type of funding or resource assistance from the Departmentremain the Subgrantee’s intellectual property. For these classes and materials, theDepartment payment is limited to payment for attendance at classes.

ARTICLE 21. SUCCESSORS AND ASSIGNS

The Department and the Subgrantee each binds itself, its successors, executors, assigns,and administrators to the other party to this Agreement and to the successors, executors,assigns, and administrators of such other party in respect to all covenants of thisAgreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in

this Agreement without written consent of the Department through eGrants messaging.

ARTICLE 22. CIVIL RIGHTS COMPLIANCE

A. Compliance with regulations: The Subgrantee shall comply with the regulationsrelative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR,Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may beamended periodically (hereinafter referred to as the Regulations). The Subgranteeagrees to comply with Executive Order 11246, entitled “Equal EmploymentOpportunity,” as amended by Executive Order 11375 and as supplemented by theU.S. Department of Labor regulations (41 CFR, Part 60).

B. Nondiscrimination: The Subgrantee, with regard to the work performed during theperiod of this Agreement, shall not discriminate on the grounds of race, color, sex,national origin, age, religion, or disability in the selection and retention ofsubcontractors, including procurements of materials and leases of equipment.

C. Solicitations for subcontracts, including procurement of materials and equipment: Inall solicitations either by competitive bidding or negotiation made by the Subgranteefor work to be performed under a subcontract, including procurements of materialsand leases of equipment, each potential subcontractor or supplier shall be notified

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Failure to carry out the requirements set forth above shall constitute a breach of thisAgreement and, after the notification of the Department, may result in termination of thisAgreement by the Department, or other such remedy as the Department deemsappropriate.

ARTICLE 24. DEBARMENT/SUSPENSION

A. The Subgrantee certifies, to the best of its knowledge and belief, that it and itsprincipals:

1. Are not presently debarred, suspended, proposed for debarment, declaredineligible or voluntarily excluded from covered transactions by any federaldepartment or agency;

2. Have not within a three (3) year period preceding this Agreement beenconvicted of or had a civil judgment rendered against them for commission offraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a federal, state, or local public transaction or contract under apublic transaction; violation of federal or state antitrust statutes; orcommission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted or otherwise criminally or civilly charged by afederal, state, or local governmental entity with commission of any of theoffenses enumerated in paragraph A. 2. of this Article; and

4. Have not, within a three (3) year period preceding this Agreement, had one

or more federal, state, or local public transactions terminated for cause ordefault.

B. Where the Subgrantee is unable to certify to any of the statements in this Article,such Subgrantee shall attach an explanation to this Agreement.

C. The Subgrantee is prohibited from making any award or permitting any award at anytier to any party which is debarred or suspended or otherwise excluded from orineligible for participation in federal assistance programs under Executive Order12549, Debarment and Suspension.

D. The Subgrantee shall require any party to a subcontract or purchase order awardedunder this Grant Agreement to certify its eligibility to receive federal grant funds,and, when requested by the Department, to furnish a copy of the certification.

ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that:

A. No federally appropriated funds have been paid or will be paid by or on behalf of the

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Subgrantee to any person for influencing or attempting to influence an officer oremployee of any federal agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with theawarding of any federal contract, the making of any federal grant, the making of anyfederal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment, or modification of any federal contract, grant,loan, or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be paid toany person for influencing or attempting to influence an officer or employee of anyfederal agency, a Member of Congress, an officer or employee of Congress, or anemployee of a Member of Congress in connection with this federal contract, grant,loan, or cooperative agreement, the party to this Agreement shall complete andsubmit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordancewith its instructions.

C. The Subgrantee shall require that the language of this certification be included inthe award documents for all subawards at all tiers (including subcontracts) and thatall subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed whenthis transaction was made or entered into. Submission of this certification is a prerequisitefor making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of notless than $10,000 and not more than $100,000 for each such failure.

ARTICLE 26. CHILD SUPPORT STATEMENT

Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies thatit either will go to the Department’s website noted below and complete the Child SupportStatement or already has a Child Support Statement on file with the Department . TheSubgrantee is responsible for keeping the Child Support Statement current and on file withthat office for the duration of this Agreement period. The Subgrantee further certifies thatthe Child Support Statement on file contains the child support information for theindividuals or business entities named in this grant. Under Section 231.006, Family Code,the Subgrantee certifies that the individual or business entity named in this Agreement isnot ineligible to receive the specified grant or payment and acknowledges that thisAgreement may be terminated and payment may be withheld if this certification isinaccurate.

The form for the Child Support Statement is available on the Internet at:http://www.dot.state.tx.us/cso/default.htm.

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RESPONSIBILITIES OF THE SUBGRANTEE:

A. Carry out all performance measures established in the grant, including fulfilling the lawenforcement objectives by implementing the Operational Plan contained in this GrantAgreement.

B. Submit all required reports to the Department (TxDOT) fully completed with the mostcurrent information, and within the required times, as defined in Article 3 and Article 7 ofthe General Terms and Conditions of this Grant Agreement. This includes reporting to theDepartment on progress, achievements, and problems in monthly Performance Reportsand attaching necessary source documentation to support all costs claimed in Requestsfor Reimbursement (RFR).

C. Attend Department-approved grant management training.

D. Attend meetings according to the following:

1. The Department will arrange for meetings with the Subgrantee to present status ofactivities and to discuss problems and the schedule for the following quarter’s work.

2. The project director or other appropriate qualified persons will be available to representthe Subgrantee at meetings requested by the Department.

E. Support grant enforcement efforts with public information and education (PI&E)activities. Salaries being claimed for PI&E activities must be included in the budget.

F. When applicable, all newly developed PI&E materials must be submitted to the

Department for written approval, through the TxDOT Electronic Grants ManagementSystem (eGrants) system messaging, prior to final production. Refer to the Traffic SafetyProgram Manual regarding PI&E procedures.

G. For out of state travel expenses to be reimbursable, the Subgrantee must haveobtained the written approval of the Department, through eGrants system messaging, priorto the beginning of the trip. Grant approval does not satisfy this requirement. ForDepartment district-managed grants, the Subgrantee must have obtained writtenDepartment district approval, through eGrants system messaging, for travel and relatedexpenses if outside of the district boundaries.

H. Maintain verification that all expenses, including wages or salaries, for whichreimbursement is requested is for work exclusively related to this project.

I. Ensure that this grant will in no way supplant (replace) funds from other sources.Supplanting refers to the use of federal funds to support personnel or any activity alreadysupported by local or state funds.

J. Ensure that each officer working on the STEP project will complete an officer’s daily

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report form. The form should include at a minimum: name, date, badge or identificationnumber, type of grant worked, grant site number, mileage (including starting and endingmileage), hours worked, type of citation issued or arrest made, officer and supervisorsignatures.

K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will bereimbursed for enforcement duty, unless the Subgrantee received specific writtenauthorization from the Department, through eGrants system messaging, prior to incurringcosts.

L. Subgrantee may work additional STEP enforcement hours on holidays or special eventsnot covered under the Operational Plan. However, additional work must be approved inwriting by the Department, through eGrants system messaging, prior to enforcement.Additional hours must be reported in the Performance Report for the time period for whichthe additional hours were worked.

M. If an officer makes a STEP-related arrest during the shift, but does not complete thearrest before the shift is scheduled to end, the officer can continue working under the grantto complete that arrest.

N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless suchpersonnel are unavailable for assignment.

O. Prior to conducting speed enforcement, the Subgrantee must select and surveyenforcement sites that comply with existing state mandated speed limits in accordancewith the Texas Transportation Code, Sections 545.352 through 545.356.

P. Officers assigned to speed sites should be trained in the use of radar or laser speedmeasurement devices.

Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have asafety belt use policy in place, a policy should be implemented, and a copy maintained forverification during the grant year.

R. Officers working DWI enforcement must be trained in the National Highway TrafficSafety Administration/International Association of Chiefs of Police Standardized FieldSobriety Testing (SFST). In the case of a first year subgrantee, the officers must betrained, or scheduled to be SFST trained, by the end of the grant year. For second or

subsequent year grants, all officers working DWI enforcement must be SFST trained.

S. The Subgrantee should have a procedure in place for contacting and using drugrecognition experts (DREs) when necessary.

T. The Subgrantee is encouraged to use the DWI On-line Reporting System availablethrough the Buckle Up Texas Web site at www.buckleuptexas.com.

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RESPONSIBILITIES OF THE DEPARTMENT:

A. Monitor the Subgrantee’s compliance with the performance obligations and fiscal

requirements of this Grant Agreement using appropriate and necessary monitoring andinspections, including but not limited to:

review of periodic reportsphysical inspection of project records and supporting documentationtelephone conversationse-mails and lettersquarterly review meetingseGrants system messaging

B. Provide program management and technical assistance.

C. Attend appropriate meetings.

D. Reimburse the Subgrantee for all eligible costs as defined in the project budget.Requests for Reimbursement will be processed up to the maximum amount payable asindicated in the project budget.

E. Perform an administrative review of the project at the close of the grant period to:

Ascertain whether or not the project objectives were metReview project accomplishments (performance measures completed, targets

achieved)Document any progress towards self-sufficiencyAccount for any approved Program Income earned and expendedIdentify exemplary performance or best practices

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Goals & Strategies

Goal: To increase effective enforcement and adjudication of traffic safety-related lawsto reduce fatal and serious injury crashes

Strategies: Increase enforcement of traffic safety-related laws.

Increase public education and information campaigns.

Goal: To increase occupant restraint use in all passenger vehicles and trucks

Strategy: Increase enforcement of occupant protection laws.

X I agree to the above goals and strategies.

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Law Enforcement Objective/Performance Measure

1. Number and type of citations/arrests to be issued during the CIOTOperation

a. Safety Belt Citations 180b. Child Safety Seat Citations 7

c. Increase the safety belt usage rate among drivers and front seatpassengers, betweenpre & post survey results, by at least the following percentage points

1%

2. Total Number of Enforcement Hours 112

Step Indicator 2.504464

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PI&E Objective/Performance Measure

1. Support Grant efforts with a public information and education (PI&E) program

a. Conduct a minimum of one (1) presentations 1

b. Conduct a minimum of two (2) media exposures (e.g. news conferences, newsreleases, and interviews)

2

c. Conduct a minimum of one (1) community events (e.g. health fairs, booths) 1

d. Distribute the following number of public information and education materials (ifapplicable)

200

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Budget Summary

Budget Category TxDOT Match Total

Category I - Labor Costs

(100) Salaries $6,200.00 $0 $6,200.00

(200) Fringe Benefits $0

Category I Sub-Total $6,200.00 $0

Category II - Other Direct Costs

(300) Travel$6,200.00 $0 $0 $0

(400) Equipment $0

(500) Supplies $0

(600) ContractualServices

$0

(700) OtherMiscellaneous

$0

Category II Sub-Total $0 $0 $0

Total Direct Costs $6,200.00 $0 $6,200.00

Category III - Indirect Costs

(800) Indirect CostRate

$0

Summary

Total Labor Costs $6,200.00 $0 $6,200.00

Total DirectCosts

$0 $0 $0

Total IndirectCosts

$0

Grand Total $6,200.00 $0 $0.00

Fund Sources

(Percent Share) 100.00% 0.00%

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2011-Irving-CIOT-00025 Printed On:4/15/2011

CIOT Operational Plan

X I agree to the following

Comments:

Site Description Occupant Protection Jurisdiction Wide

Pre Surveys May 17, 2011 - May 19, 2011

Pre-Media Efforts BeforeEnforcement period

May 20, 2011 - May 22, 2011

"Enforcement Period (Minimum# of enforcement days: 4) (dayor nighttime)" May 23, 2011 - June 5, 2011

Post Surveys June 6, 2011 - June 8, 2011

Post-Media Efforts AfterEnforcement period

June 9, 2011 - June 11, 2011

Reporting Period June 12, 2011 - June 25, 2011

Description of Activities

"Pre-Surveys" • Prior to conducting any wave enforcement activity, agencies must conduct pre-observational surveys to establish safety belt usage rates.• The cities of Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland,

Houston, Lubbock, and San Antonio are scheduled to have their surveys conducted bythe Texas Transportation Institute (TTI).• All other agencies must conduct their own pre-observational surveys using the TexasDepartment of Transportation’s (TxDOT) survey protocol and instructions that can befound at www.buckleuptexas.com. Click on the “Survey Tools” link.

Pre-Media Campaign • Conduct local media events immediately before the enforcement effort to maximizethe visibility of enforcement to the public. These media events tell the public when,where, how and why the safety belt laws are being enforced.

Enforcement Period • Intensify enforcement through an overtime STEP that places primary emphasis onincreasing the number of citations for non-use of occupant restraints during the peak

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2011-Irving-CIOT-00025 Printed On:4/15/2011

holiday traffic.

Post-surveys • Conduct post-observational surveys to determine safety belt usage. Measure theimpact of the media/enforcement effort. The cities of Arlington, Austin, Corpus Christi,Dallas, El Paso, Fort Worth, Garland, Houston, Lubbock, and San Antonio arescheduled to have their surveys conducted by the Texas Transportation Institute (TTI).• All other agencies must conduct their own post-observational surveys using the TexasDepartment of Transportation’s (TxDOT) survey protocol and instructions that can befound at www.buckleuptexas.com. Click on the “Survey Tools” link.

Post-media Campaign • Conduct local media events to tell the public why the safety belt laws are importantand the results of the wave.

Reporting Period • Agencies will submit a performance report for the CIOT enforcement period (May 23 – June 5, 2011) during this time period.

Note: • The Survey and Media dates above are to be used as a guide. Late grant executionmay result in a subgrantee conducting pre-survey and pre-media activities at a laterdate.• These activities must occur prior to enforcement activities beginning.• The Post-media Campaign may begin immediately after the post observationalsurveys are conducted.

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AGENDA ITEM SUMMARY

Meeting: 5/5/2011 DOC ID: 3911

Recommending Department: Fire LSR No: 11357

Resolution -- Approving a Memorandum of Agreement with the City of

Dallas to Participate as a Texas Task Force II Member



2. Impact: The agreement establishes interoperability guidelines for the multi-

jurisdictional deployment of resources for Texas Task Force II and defines the

response funds reimbursement process for Irving and other participating agencies.

Recommendation

The Resolution be approved.


Contract Required: Yes Review Completed By: Carrie Morris


ATTACHMENTS:

Texas Task Force II (PDF)


None


Prepared: 4/18/2011 09:41 AM by Candie BritlandLast Updated: 4/27/2011 09:18 AM by Candie Britland

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3911)

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

SECTION I. THAT the City Council hereby approves the attached Memorandum of Agreementbetween the City of Irving and the City of Dallas for Texas Task Force II, 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 May 5, 2011.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Shanae Jennings

Acting City Secretary

APPROVED AS TO FORM:

_______________________________

Charles R. Anderson

City Attorney

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A t t a c h m e n t : T e x a s T a s k F o r c e I I ( 3 9 1 1 : M O A U r b a n S e a r c h & R e s c u e T a s k F o r c e I I )



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AGENDA ITEM SUMMARY

Meeting: 5/5/2011 DOC ID: 3897Recommending Department: Real Estate & Development LSR No: 12257

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

Family Residence Located at 214 Larry Drive – Willie Mae Nobles, PropertyOwner


1. This item supports Strategic Goal No. 7: Cultural, Recreational and EducationalEnvironments.

2. Impact: Acquisition of this property will provide flexibility to accommodate municipalpurposes.

3. The 2010 tax assessed value of the property is $83,220.00. The property ownerhas agreed to sell the property for $74,690.00, plus closing costs not to exceed

$5,000.00.

4. Funding in the amount of $79,690.00 is available in the Library Bond Fund.

Recommendation



Contract Required: Yes Review Completed By: Kuruvilla Oommen


ATTACHMENTS:

RES 29 Acq 214 Larry Drive Sales Contract (PDF)

29 Acq 214 Larry Drive Location Map (PDF)


4010-1402-77009-909058 Budget: $79,690.00 Actual: $79,690.00Budget Adjustment/Transfer Required: No


Prepared: 4/8/2011 04:48 PM by Cynthia CastroLast Updated: 4/8/2011 04:53 PM by Cynthia Castro

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CITY OF IRVING



SECTION I. THAT the City Council hereby approves the attached Sales Contract with Willie MaeNobles in the amount of $74,690.00 plus closing costs not to exceed $5,000.00 for theacquisition of a single-family residence located at 214 Larry Drive, and the Mayor isauthorized 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 isaccordingly so ordered.

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

__________________________________Max S. Duplant, CPA

Chief Financial Officer


on May 5, 2011.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae JenningsActing City Secretary


_______________________________Charles R. AndersonCity Attorney

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A t t a c h m e n t : R E S 2 9 A c q 2 1 4 L a r r y D r i v e S a l e s C o n t r a c t ( 3 8 9 7 : 2 9 A c q 2 1 4 L a r r y D r i v e )



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L a r r y D r i v e

Shulze

S o w e r s

City Hall

Central Library

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 t o, the implied warranties of merchantability and fitness for aparticular purpose. The user assumes the entire risk as to the quality andperformance of the data.

04/22/11

´1 inch = 278 feet

Willie Mae Nobles

214 Larry Drive

214 Larry Drive

Location Map

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N/A $0.00Metro Valve & PipeInc. (Groups I-V, VIII,IX, XI-XIII)

$62,070.37 $62,070.37

N/A $0.00HD SupplyWaterworks (GroupsVI, VII)

$9,934.10 $9,934.10

N/A $0.00Municipal WaterWorks (Group X)

$5,301.76 $5,301.76

TOTALS $77,306.23 $77,306.23

ATTACHMENTS:

Response Summary (PDF)


5402-3251-551301-1050 Budget: $45,095.30 Net Estimated: $45,095.30Purchase orders will be issued as needed for annual contract.Budget Adjustment/Transfer Required: No


Prepared: 4/6/2011 09:58 AM by Jan BentleyLast Updated: 4/20/2011 03:44 PM by Jan Bentley

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CITY OF IRVING



SECTION I. THAT the City Council hereby approves and accepts the bids of Metro Valve & Pipe,Inc., for Groups I-V, VIII, IX, and XI-XIII in the net estimated amount of $36,207.72for the period of May 5, 2011, through September 30, 2011, and in the net estimatedamount of $25,862.65 for the period of October 1, 2011, through February 28, 2012,subject to funds being appropriated in Fiscal Year 2011-12; HD Supply Waterworksfor Groups VI and VII in the net estimated amount of $5,794.89 for the period of May5, 2011, through September 30, 2011, and in the net estimated amount of $4,139.21for the period of October 1, 2011, through February 28, 2012, subject to funds beingappropriated in Fiscal Year 2011-12; and Municipal Water Works Supply, LP, forGroup X in the net estimated amount of $3,092.69 for the period of May 5, 2011,through September 30, 2011, and in the net estimated amount of $2,209.07 for theperiod of October 1, 2011, through February 28, 2012, subject to funds beingappropriated in Fiscal Year 2011-12, for Brass Fittings, and awards the contracts tosaid companies in said amounts, and authorizes the Mayor to execute any necessarycontracts.

SECTION II. THAT these expenditures shall be charged to Account No. 5402-3251-551301-1050in the total net estimated amount of $77,306.23.



__________________________________Max S. Duplant, CPA


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on May 5, 2011.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:



_______________________________

Charles R. AndersonCity Attorney

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ty of Irving, Texas ‐ Response Summary

B Number: 057M‐11F Brass Fittings

arsha Hughes, Purchasing Agent, (972) 721‐3754

osing Date: February 1, 2011

49 Non‐Inv5/8" x 3/4" x 15" high

Ford VB42 ‐ 15WR or equivalent.10

6010‐

215

N2N2‐V0

$55.16 $551.60 B24118R3 $54.76 $547.60 Ford $56.57

50 I109601‐1/2" x 13" high x 13" length. Ford

VBB46‐13 or equivalent.5

6010‐

613

MF6MF6‐V0

$573.53 $2,867.65B24248R3

‐00$581.36 $2,906.80 Ford $622.00

51 I109701‐1/2" X 18" high X 13" length.

Ford VBB46‐18 or equivalent.5

6010‐

618

MF6MFUU

$585.12 $2,925.60B24248R3

‐00$616.88 $3,084.40 Ford $625.00

52 I109902" x 18" high x 17" length.

Ford VBB47‐18 or equivalent.5

6010‐

718M

F7MF7‐UU

$628.15 $3,140.75B24248R3

‐00$660.34 $3,301.70 Ford $680.00

53 Non‐Inv 2" x 12" high x 17" length. 5

6010‐

712MF

7MF7‐UU

$628.66 $3,143.30B24248R3

‐00$660.34 $3,301.70 Ford $675.00

$15,760.05 $16,345.35

Vendor

em Bin # Item Description

Est.

Qty

Mfg/

Part # Unit Price Total Price

Mfg/

Part # Unit Price Total Price

Mfg/

Part # Unit Price

54 I10270 3/4" x 6" Brass Nipple. 25 $5.19 $129.75 $5.65 $141.25Ford/

Merrit$5.05

55 I10275 3/4" x Closed Brass Nipple. 25 $1.62 $40.50 $1.76 $44.00 Ford/ $1.58

56 I10280 1" x 6" Brass Nipple. 25 $7.58 $189.50 $8.25 $206.25Ford/

Merrit$7.20

57 I10285 1" x Closed Brass Nipple 25 $2.39 $59.75 $2.60 $65.00Ford/

Merrit

$2.30

58 I10290 1‐1/2" x 6" Brass Nipple. 25 $13.34 $333.50 $14.53 $363.25Ford/

Merrit$12.60

59 I10295 1½" x 3" Brass Nipple. 25 $6.93 $173.25 $7.55 $188.75Ford/

Merrit$6.50


Merrit$16.15


Merrit$8.35

62 I10310 3/4" Brass Ells, threaded x threaded. 20 $2.85 $57.00 $5.26 $105.20Ford/

Merrit$2.95

Group X Brand ‐ Merit/Mueller Domestic

HD Supply WaterworksMetro Valve & Pipe Inc.

Group X Brand ‐ Matco Nirca

Group X ‐ Brass Nipples and Brass Ells ‐ Items 54 ‐ 70

Recommended fo

roup IX ‐ Meter Resetters ‐ No Full Port Angle Meter Valves ‐

Items 45 ‐ 53 Total

Group X Brand ‐ Me

Municipal Water

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Attachment: Response Summary (3892 : 30P Brass Fittings)



ty of Irving, Texas ‐ Response Summary

B Number: 057M‐11F Brass Fittings

arsha Hughes, Purchasing Agent, (972) 721‐3754

osing Date: February 1, 2011

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Attachment: Response Summary (3892 : 30P Brass Fittings)



AGENDA ITEM SUMMARY

Meeting: 5/5/2011 DOC ID: 3895Recommending Department: Water Utilities LSR No: N/A

Resolution -- Approving and Accepting the Bids of Municipal Water Works

Supply, and Ferguson Waterworks for Couplings, Clamps, and ServiceSaddles




3. Impact: Couplings, clamps and service saddles are used for repairs in the city’swater distribution system and for new service connections. The bid specificationsand quantities were revised under the Lean Six Sigma Warehouse inventory project

which resulted in a savings of approximately $84,262.00.

4. This award establishes annual contracts to provide couplings, clamps and servicesaddles.

5. Funding in the net estimated annual amount of $51,653.45 for this one-yearcontract is available in the Water and Sewer System Fund.

Vendors Groups FY 2010-11 Est.Expenditure


Total Est.Expenditure

Municipal WaterWorks Supply, LP

1-5 $22,175.73 $22,175.72 $44,351.45

Ferguson

Waterworks

6 $ 3,651.00 $ 3,651.00 $7,302.00

Total $25,826.73 $25,826.72 $51,653.45

Recommendation



Contract Required: N/A Review Completed By: N/A


Comments: Purchasing sent solicitation notices to 40 vendors for bid#083M-11F of which, 25were M/WBE vendors and received five (5) responses. The lowest, responsive responsiblebidders meet contract specifications and performance criteria and are recommended foraward. This award is in the total net estimated amount of $51,653.45 for one year with tworenewal options with each renewal being for a one-year period of time.

In-House Services In-House Price External Services(Proposed Vendor)

External ServicesPrice (ProposedVendor)

Difference

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N/A $0.00 Municipal WaterWorks Supply

$44,351.45

N/A $0.00 Ferguson Waterworks $7,302.00

TOTALS $51,653.45 $51,653.45

ATTACHMENTS:

Response Summary (PDF)


5402-3251-55901-1050 Budget: $25,826.73 Est. Amount: $25,826.73Purchase orders will be issued as needed for annual contract.Budget Adjustment/Transfer Required: No


Prepared: 4/6/2011 03:53 PM by Jan BentleyLast Updated: 4/20/2011 03:45 PM by Jan Bentley

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CITY OF IRVING



SECTION I. THAT the City Council hereby approves and accepts the bids of Municipal WaterWorks Supply, for Groups 1-5 in the net estimated amount of $22,175.73 for theperiod of April 1, 2011, through September 30, 2011, and in the net estimated amountof $22,175.72 for the period of October 1, 2011 through March 31, 2012 subject tofunds being appropriated in Fiscal Year 2011-12; and Ferguson Waterworks forGroup 6 in the net estimated amount of $3,651.00 for the period of April 1, 2011,through September 30, 2011, and in the net estimated amount of $3,651.00 for theperiod of October 1, 2011 through March 31, 2012 subject to funds beingappropriated in Fiscal Year 2011-12, for Couplings, Clamps, and Service Saddles, andawards the contracts to said companies in said amounts, and authorizes the Mayor toexecute any necessary contracts.

SECTION II. THAT these expenditures shall be charged to Account No. 5402-3251-55901-1050 inthe total net estimated amount of $51,653.45.



__________________________________Max S. Duplant, CPA


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on May 5, 2011.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:



_______________________________


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City of Irving, Texas Response Summary

ITB NUMBER: 083M‐11F Couplings, Clamps, and Service Saddles

Marsha Hughes, Purchasing Agent, (972) 721‐3754

Closing Date: March 15, 2011

Vendor

Item Description UM Est Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price U

Recommended for Award

Ferguson Waterworks Municipal Water Works Supply MSC Water wor ks Na

36

8" Hymax Coupling

OD: Min 8.54 Max 9.84 EA 10 $199.00 $1,990.00 $187.00 $1,870.00 $190.80 $1,908.00

3710" Hymax Coupling

OD: Min 10.70 Max 12.00 EA 10 $250.00 $2,500.00 $243.50 $2,435.00 $245.45 $2,454.50

38

12" Hymax Coupling

OD: Min 12.40 Max 13.66 EA 10 $295.00 $2,950.00 $285.00 $2,850.00 $289.80 $2,898.00

39

6" Romac "Macro" Coupling

OD: Min 6.60 Max 7.60 EA 2 $168.00 $336.00 $172.00 $344.00 $173.80 $347.60

40


OD: Min 8.60 Max 9.75 EA 2 $190.50 $381.00 $191.00 $382.00 $196.80 $393.60

41


OD: Min 10.70 Max 11.90 EA 2 $246.00 $492.00 $247.50 $495.00 $254.60 $509.20

42


OD: Min 12.70 Max 13.80 EA 2 $289.50 $579.00 $294.00 $588.00 $299.65 $599.30

Total Group 5 ‐ Items 30‐42 $13,530.00 $13,202.00 $14,037.55

Vendor

Brand Bid

43

6" x 1" Service Saddle CC for class 200 AC pipe and CI Pipe**

OD Range: Min 6.84 Max 7.60 EA 25 $42.32 $1,058.00 $48.25 $1,206.25 $41.40 $1,035.00

44

6" X 2" Service Saddle CC for class 200 AC pipe and CI pipe**

OD Range: Min 6.84 Max 7.60 EA 10 $45.50 $455.00 $52.05 $520.50 $51.50 $515.00

45

8" x 1" Service saddle CC for class 200 AC pipe and CI pipe**

OD Range: Min 8.54 Max 10.10 EA 30 $49.00 $1,470.00 $58.40 $1,752.00 $57.85 $1,735.50

46

8" x 2" Service Saddle CC for class 200 AC pipe and CI pipe**


47

12" x 1" Service Saddle CC for class 200 AC pipe and CI pipe**


Group 6 ‐ Items 43‐57 ‐‐ Service Saddles

MSC Water wo rks Na

Romac Ford Ford

Recommended for Award

Ferguson Waterworks Municipal Water Works Supply

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Attachment: Response Summary (3895 : 30P Couplings, Clamps, & Service Sadd



AGENDA ITEM SUMMARY

Meeting: 5/5/2011 DOC ID: 3912Recommending Department: Code Enforcement LSR No: N/A

Resolution -- Approving and Accepting the Bid of Butler Animal Health

Supply, LLC; dba Butler Schein Animal Health for an Annual Contract toProvide Veterinarian Vaccines, Medicines, and Related Supplies


1. This item supports Strategic Goal No. 8: Sound Governance.

2. This item has been recommended by Code Enforcement – Animal Services.

3. Impact: These supplies allow Irving Animal Services to vaccinate and treat animalsentrusted into our care, giving us the ability to maintain a healthy companion animalpopulation at the Irving Animal Care Campus.

4. This award establishes an annual contract to provide veterinary supplies.5. Funding in the net estimated annual amount of $170,267.20 for this one-year

contract is available in the General Fund.

Vendor FY 2010-11 Est.Expenditure


Total Est. Expenditure

Butler Schein AnimalHealth

$70,944.65 $99,322.55 $170,267.20

Recommendation



Contract Required: N/A Review Completed By: N/A


Comments: Purchasing sent solicitation notices to 15 vendors for #096M-11F and receivedone (1) response. This response meets specifications and is recommended for award. Thisaward is in the total net estimated amount of $170,267.20 for one year with two renewaloptions with each renewal being for a one-year period of time.

In-House Services In-House Price

External Services(Proposed Vendor)

External Services Price(Proposed Vendor) Difference

N/A $0.00 Butler Schein AnimalHealth Supply

$170,267.20 $170,267.20

ATTACHMENTS:

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City of Irving, Texas, Response Summary

ITB Name: Veterinary SuppliesITB Number: 096M-11FBid Closing Date: April 1, 2011

Purchasing Agent: Marsha Hughes, 972.721.3754

Item # Description Unit Cost Total Cost

160 boxes of 5 count

IDEXX Snap Parvovirus Antigen Test Kit - No Substitute $57.60 $3,456.00


IDEXX Snap Canine Heartworm Antigen Test Kit-No Substitute $155.25 $9,315.00


IDEXX Snap FIV/FeLV Antibody Test Kit-No Substitute $371.25 $18,562.50

4

300 trays (25 x 1 ml dose)

Schering Plough DA2PPvL Galaxy Vaccine-No Substitute $81.25 $24,375.00


Schering Plough DA2PPv Galaxy Vaccine-No Substitute $64.50 $19,350.00


Schering Plough Intra-Trac 3 Vaccine-No substitute $69.00 $20,700.00


Schering Plough Rabdomun 3 year Vaccine-No Substitute $69.75 $20,925.00


Schering Plough Eclipse 3 Vaccine-No Substitute $56.50 $16,950.00

$133,633.50

9300 boxes of 100 count Monoject Veterinary 3 ml syringes luer lock with 22 g x ¾” needles. Rigid

autoclavable packaged or equal$12.20 $3,660.00


Terumo 1 ml syringe with needle or equal $15.79 $789.50

11 250 bottles of 10 ml Ketamine (100 mg/ml) $6.65 $1,662.50


Monoject 6 ml syringe with slip tip. R igid autoclavable package or equal $8.89 $1,333.50


Monoject 6 ml syringe with luer lock. Rigid autoclavable package or equal $8.89 $1,333.50

14 150 boxes of 100 count Monoject 3 ml syringe with slip tip. Rigid autoclavable package or equal $10.94 $1,641.00

15 70 bottles of 50 ml Xylazine (100 mg/ml) $20.91 $1,463.70

$11,883.70

16Call 1-888-838-

2247 for discount

$25,000.00

1% $250.00

$24,750.00

$36,633.70

$170,267.20

Subtotal

Group 1 Total as determined by Manufacturer/City's Usage

Group 1 - Mfg. Shelter Pricing Based on Usage

* Recommended for Award

Grand Total

$25,000 estimated for other catalog items not specifically listed above - State Discount Off Pricing

Sub-Total (Items 1-15 Fixed Pricing)

Est. Ann. Qty.

Gross Total 2 & 3

Group 2 - Items to be Competitively Bid

*Butler Animal Health SupplyLLC dba Butler Schein Anima

Health SupplyVendors

Discount Amount

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AGENDA ITEM SUMMARY


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

Ordinance -- Zoning Case #ZC11-0002 - Granting S-P-1 (Detailed Site Plan)

for Event Hall Uses - Approximately 0.22 Acres Located at 3225 WestAirport Freeway - As Needed Party Rentals, Applicant - Imperial Airport LP,Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: April 18,2011 – Favorable 5-0 (Commissioners Fischer, LaRose, Randall and Webb,absent).

3. The applicant is requesting a zoning change to allow an event hall.

4. The Comprehensive Plan’s Future Land Use Map recommends Retail uses for thisproperty. This request is in conformance with the Comprehensive Plan. Theproperty is also within the SH 183 Overlay District.

5. The property is zoned C-C and is a lease space in a multi-tenant retail center. Theapplicant is currently operating the Oasis Ballroom adjacent to the proposedbanquet hall. This request is identical to the zoning for the adjacent event hall,which was zoned S-P-1 (Detailed Site Plan) for Event Hall uses in 2009, but eachwill be a separate facility with individual ingress and egress. The overall size of therequested area is 9,782 sq. ft.

6. The site plan notes the following requirements and stipulations:

a. Event hours are limited to between 10:00 AM and 12:00 PM.b. Capacity shall be limited to 300 guestsc. A manager or security guard must remain on site during all events and during

any post-event cleanup activity conducted after 10:00 PM.d. Events occurring after 7:00 PM shall have at least two security guards on site

when alcohol is present.e. All events must be indoors. No outdoor activities of any kind are permitted.f. Doors must remain closed to the outside.g. No loitering in the parking lot permitted.

These requirements are the same as the existing facility.

7. The occupancy of the hall is limited to 300. The space will require 62 parkingspaces for 6200 sq. ft. of open hall area. The total parking for the center is 359spaces, with 304 used by existing tenants and this proposed new use. Most of theremaining lease spaces are small, and there will be sufficient parking for additionalretail tenants. While there will be some loss of parking due to the SH 183expansion, the expansion will also require the front building to be demolished.Therefore staff believes there will still be sufficient parking on site. Additionally,

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there will be little conflict with the other uses on the evening events. Citibank andAmeriLife do not have evening hours and are closed on weekends. FedEx Kinkohas 30 spaces allocated to it and closes at 9 PM.

8. The Police Department has expressed no objection to this request.

9. Public notices were mailed to five (5) property owners with none received in favor or

opposition.

Recommendation



• Contract Required: N/A • Review Completed By: N/A

• Previous Action: N/A • Council Action: N/A

ATTACHMENTS:

• C: Vicinity Map (PDF)

• D: Surrounding Zoning Map (PDF)

• E: Property Owner Notification Map and List(PDF)

• F: Site Plan (PDF)

• G: Floor Plan (PDF)

• A: City Council Memo (PDF)


NONE


Prepared: 4/19/2011 01:50 PM by Sharon BrownLast Updated: 4/28/2011 04:32 PM by Belinda Rowlett

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ORDINANCE NO. (ID # 3914)

ZONING CASE NO. ZC11-0002

ZONING CLASSIFICATION – S-P-1

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 HENRY GOUGHSURVEY, ABSTRACT NO. 493, AND LOCATED AT 3225 WEST AIRPORT FREEWAY, MORE

FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A ATTACHED HERETO; ORDERING A

CHANGE IN THE USE OF SAID PROPERTY FROM C-C COMMUNITY COMMERCIALDISTRICT USE UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN

DISTRICT USE FOR EVENT HALL 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 OTHERPORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN

ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THEPUBLIC 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 caseshaving 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 whetherthese 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 theneighborhood; 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 byrequirements 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 thetransportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and

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WHEREAS, the City Council of the City of Irving, Texas, further considered among otherthings 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 orimproved property with reference to the classification which existed at the time their originalinvestment 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 otherdangers; 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 thischange 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 event hall 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 healthand 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 ZoningOrdinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended andchanged in that the use of the property described in the attached Exhibit A which is presently zoned

C-C Community Commercial District Use under Ordinance No. 1144, is changed to S-P-1 Site Plan

District Use for event hall uses under Ordinance No. 1144, subject to all the requirements of OrdinanceNo. 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 Exhibit A is hereby approvedand granted upon the following express conditions:

(1) That development and use shall be in conformance with the site plan attached hereto and

made a part hereof for all purposes.

(2) A true copy of the site plan attached hereto shall be retained by the Department of

Planning and Inspections of the City of Irving.

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(3) That all means of ingress and egress shall be approved by the Department of Public Worksof the City of Irving.

(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall beconstructed 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 azoning change, but shall be construed as conditions precedent to the granting of a building permitand/or certificate of occupancy.

SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of theCity of Irving, Texas, attached to Ordinance No. 1144.

SECTION 3. That in all other respects the use of the tract or tracts of land hereinabovedescribed 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 thegeneral 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 generalwelfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undueconcentration 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 havebeen 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 instanceswhere 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 severableand 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, ZoningOrdinance of the City of Irving, Texas.

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on May 5, 2011.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae Jennings



_______________________________


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AGENDA ITEM SUMMARY



Ordinance -- Zoning Case #ZC11-0005 - Granting S-P-1 (Detailed Site Plan)

for Hotel Uses - Approximately 2.0 Acres Located at 4700 Plaza Drive - ADRDesigns, Applicant - Kriya Management Group, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: April 18,2011 – Favorable 5-0 (Commissioners Fischer, La Rose, Randall, and Webb,absent) subject to several notes being added to the site plan per the staffrecommendation.

3. The applicant is requesting a zoning change to allow a 92-unit hotel development

with exceptions to the required room count and meeting space.

4. The Comprehensive Plan’s Future Land Use Map recommends Light Commercial uses for this property. This request is in conformance with the Comprehensive Plan.

5. The property is currently zoned S-P-1 (Detailed Site Plan) for a 4-story hotel with 86rooms, 661 sq. ft. of meeting area, and 106 total parking spaces. The building wasto be made of brick and concrete masonry units and was designed with a peakedroof with asphalt shingles. This case was approved in 2006, and met all therequirements of the Hotel Development Standards in place at that time.

6. The applicant is proposing an alternative hotel development with a different brand.Under the Hotel Development Standards adopted in 2007 (Sec. 52-35b of thezoning ordinance), a minimum of 200 rooms and a minimum of 5000 sq. ft ofmeeting space is required, as well as a full-service restaurant. The applicant isproposing a 4-story 92-room hotel, 93 parking spaces, 1300 sq. ft. of meetingspace, a pool and a fitness center. No restaurant is provided.

7. In addition to the requested exceptions for the number of hotel rooms, lack of on-site restaurant facilities, and reduced meeting space on site, the applicant is alsorequesting a variance to the parking requirements. Section 52-35b requiresbetween 105 and 115 parking spaces based on the number of rooms withkitchenette facilities. Staff can support the 12 to 22 space variance provided that thehotel provides free on-call airport shuttle service to guests, and that this stipulation

be on the site plan. The City has approved similar variances for other hotels nearDFW Airport.

8. The hotel complies with the Hotel Design Standards and the Commercial DesignStandards for articulation and materials. The applicant has cladded the hotelprimarily with brick, stucco, and hardipanel. The applicant has worked with staff tocomply with the articulation requirements, and the building has both requiredvertical and horizontal articulation, as well as a porte-cochere.

9. The size of the site limits the size of a hotel that could be developed. The proposedhotel is consistent with the type of hotels already existing in the area, and the

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location is not suitable for almost any use other than a hotel. Although the hoteldoes not comply with the standards adopted in 2007, the increase in hotel rooms,amenities and meeting space brings the hotel closer to compliance than thecurrently approved plan.

11. Public notices were sent to nine (9) property owners, with none received in favorand two (2) received in opposition. In addition, one (1) letter of inquiry was receivedfrom DFW Airport, and one (1) letter of information was received from DART. Theopposition represents 16.6% of the property within 200 feet.

Recommendation


The applicant has complied with the Planning and Zoning Commissionrecommendation.



• Previous Action: N/A • Council Action: N/A

ATTACHMENTS:





• G: Floor Plan (PDF)• H: Elevation Drawings (PDF)

• I: Letter from DART (PDF)

• J: Public Comment Form (PDF)

• K: Public Comment Forms in Opposition (PDF)



NONE


Prepared: 4/19/2011 01:55 PM by Sharon BrownLast Updated: 4/28/2011 04:27 PM by Belinda Rowlett

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TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE DFW PLAZAADDITION AND LOCATED AT 4700 PLAZA DRIVE, MORE FULLY AND COMPLETELY

DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF

SAID PROPERTY FROM S-P-1 SITE PLAN DISTRICT USE FOR HOTEL USES UNDERORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN DISTRICT FOR HOTEL USES

UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO

AND MADE A PART HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGU-

LATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP

ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS OF THEZONING 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 onNovember 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 caseshaving come before the City Council of the City of Irving, Texas, after all legal notices, requirements,conditions and prerequisites having been complied with; and


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 pedestriansusing the facilities in the area immediately surrounding the sites; safety from fire hazards and measures


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 adjacentproperty; 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 forparking and off-street loading spaces; protection of public health by surfacing on all parking areas to

control dust; the effect on the promotion of health and the general welfare; effect on light and air; the

effect on the overcrowding of the land; the effect on the concentration of population; the effect on the

transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and

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WHEREAS, the City Council of the City of Irving, Texas, further considered among otherthings the character of the district and its peculiar suitability for particular uses and with a view to


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 orimproved property with reference to the classification which existed at the time their originalinvestment 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 otherdangers; 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 thischange in zoning and that there has been a change in conditions in the property adjacent to and in the


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 hotel 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 andgeneral 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 ZoningOrdinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended andchanged in that the use of the following described property, to-wit:

Lot 1, Block A, DFW Plaza Addition

which is presently zoned S-P-1 Site Plan District Use for hotel uses under Ordinance No. 1144, is

changed to S-P-1 Site Plan District Use for hotel uses under Ordinance No. 1144, subject to all therequirements 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.

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on May 5, 2011.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae Jennings



_______________________________


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AGENDA ITEM SUMMARY



Ordinance -- Zoning Case #ZC11-0012 - Granting S-P-2 (Generalized Site

Plan) for C-OU-2 (Commercial Outdoor) Uses - Approximately 16.1 AcresLocated at 801 West Airport Freeway - Van Tuyl Group, Applicant - TowneSquare LC-Westway Ford, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: April 18,2011 – Favorable 5-0 (Commissioners Fischer, LaRose, Randall and Webb,absent) for the building addition, overhead doors and the building materials, thelandscaping as shown, and that signs comply with the City’s sign ordinance for

setback, height and area, subject to the numerous corrections being made to thesite plan per the staff recommendations.

3. The applicant is requesting a zoning change to allow a remodeling of the existingautomobile dealership including removal of an existing building, an addition to thecar service buildings with overhead doors facing the street, the use of metal as aprimary cladding material, and sign exceptions.

4. The 2008 Comprehensive Plan Future Land Use Map recommends State Highway 183 Redevelopment Corridor uses for this property. This request is in conformancewith the Comprehensive Plan. The property is also within the SH 183 OverlayDistrict.

5. The subject tracts are used as auto sales and display, a sales office, the serviceand repair shops, and storage of vehicles for a car dealer. The property fronts onboth SH 183 and O’Connor Blvd. There is currently 167,134 sq. ft. of developmenton this tract, and a total of 1639 parking spaces for customers, staff, and cardisplay and storage.

6. This property is being impacted by right-of-way acquisition for the widening ofState Highway 183. At the same time, the automobile company represented by thisfranchise is introducing a service concept called “Quick Lane Service” for itsdealerships throughout the area, with a preferred design and appearance. Theapplicant is taking advantage of this opportunity to bring the location into

compliance with the landscaping and site design requirements of the StateHighway 183 Overlay District now rather than waiting until 3 years afterconstruction of the new frontage roads.

7. As part of this redevelopment, the applicant is proposing to demolish an existingsales building and re-route the existing service drives, and remodel a service drivearea with a new delivery area, a new service area with three overhead doors, anda new “Quick Lane” space for oil changes and other maintenance with twooverhead doors. These service lanes will now access from the south on thefreeway frontage. The new service and “Quick Lane” areas are approximately 9000sq. ft. in size. These areas will be constructed of concrete masonry unit block,

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stucco and architectural clad metal (ACM). The applicant is also renovating thenew car sales office.

8. The Commercial Design Standards prohibit overhead doors from facing StateHighway 183. The applicant is proposing 6 doors that are on the freeway frontagefor the service lanes, set back from the street more than 200 feet, and hidden fromview by the buildings on the east elevation and new landscaping in the streetscapearea. Since the doors are setback and shielded, they will not be visible from trafficin either direction.

9. The Commercial Design Standards prohibit metal as a primary exterior material.The elevations provided call for an architectural clad metal, and a corrugated metalsystem, and are used as a detail on some frontages, and as much as 49% on thesouth elevation. Since this is an architectural system that provides a finished lookto the new areas and not the type of plain, corrugated metal panels that theCommercial Design Standards are intended to prohibit, staff can support its use onthis development. The walls will additionally use stucco, concrete masonry units,and cement board.

10. The applicant is requesting to keep the existing large electronic sign and the 110 ft.

flag pole on the freeway frontage as part of this request, and is proposing to re-locate the existing “FORD” pole sign. However, when TxDOT acquired the right-of-way from the owner, the owner was compensated for the removal and replacementof both signs and the flag pole. Per Section 52-47a of the Zoning Ordinance, nocertificate of occupancy can be granted on a property whose owner has beencompensated for demolition or removal of improvements. Therefore, per theexisting ordinance, the signs and the flag pole must be removed prior to issuanceof a certificate of occupancy for the new addition, and any new signs or flag polesmust comply with the sign ordinance.

11. The applicant is proposing landscaping on the 183 frontage to be provided as part

of this request. The applicant is proposing 22 new trees to be planted with theexisting in a 30 foot minimum interior parkway and within the display areas visiblefrom SH 183. The applicant will do this now to comply with the SH 183requirements, and not wait for the freeway widening project.

12. Since this case combines 2 zoning designations on the subject property into one,staff recommended adding notes that maintain the key provisions from the existingapproved zoning adjacent to the homes on Hughes Drive. These are requirementsthat currently exist that staff recommends be carried forward with this case.

13. The applicant has complied with the Planning and Zoning Commission stipulationsexcept for the stipulation that the signs be brought into compliance with the signordinance.

14. Public notices were sent to seventy-two (72) property owners with none received infavor or in opposition.

Recommendation

The ordinance be adopted per the recommendation of the Planning and Zoning

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Commission with the additional stipulation that the signs and flag pole be brought intoconformance with the sign ordinance prior to issuance of a certificate of occupancy forthe new construction.



•

Previous Action: N/A•

Council Action: N/A

ATTACHMENTS:





• G: Elevation Drawings (PDF)



NONE


Prepared: 4/19/2011 01:58 PM by Sharon BrownLast Updated: 4/29/2011 09:33 AM by Stacy Day

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TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE TIGUE TWOADDITION AND LOCATED AT 801 WEST AIRPORT FREEWAY, MORE FULLY AND

COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN

THE USE OF SAID PROPERTY FROM S-P-2 SITE PLAN DISTRICT USE FOR C-OU-2 USESAND S-P-1 SITE PLAN DISTRICT USE FOR C-OU-2 USES UNDER ORDINANCE NO. 1144, AS

AMENDED TO S-P-2 SITE PLAN DISTRICT FOR C-OU-2 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 THEPURPOSE 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 caseshaving come before the City Council of the City of Irving, Texas, after all legal notices, requirements,

conditions and prerequisites having been complied with; and


session of the City Council did consider the following factors in making a determination as to whetherthese 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


and glare of the vehicular and stationary lights and effect of such lights on established character of theneighborhood; 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 byrequirements 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

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control dust; the effect on the promotion of health and the general welfare; effect on light and air; theeffect 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

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


and

WHEREAS, the City Council of the City of Irving, Texas, does find that there is a publicnecessity 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 originalinvestment was made; and

WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoninghelps 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


WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoningunder a site plan district for use as C-OU-2 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 OFIRVING, 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 following described property, to-wit:

Lots 1, 2, and 3, Tigue Two Addition

which is presently zoned S-P-2 Site Plan District Use for C-OU-2 uses and S-P-1 Site Plan District Use

for C-OU-2 uses under Ordinance No. 1144, is changed to S-P-2 Site Plan District Use for C-OU-2

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.

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SECTION 1-A. That the district use on the property described in Section 1 is hereby approvedand granted upon the following express conditions:

(1) That development and use shall be in conformance with the site plan attached hereto andmade a part hereof for all purposes.

(2) A true copy of the site plan attached hereto shall be retained by the Department of

Planning and Inspections of the City of Irving.

(3) That all means of ingress and egress shall be approved by the Department of Public Works

of the City of Irving.

(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.

(5) That all signs and flag poles shall be brought into conformance with the sign ordinanceprior to issuance of a certificate of occupancy for the new construction.

The above requirements shall not be construed as conditions precedent to the granting of azoning 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 ZoningOrdinance 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 madein 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 thestreets; 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 andencouraging 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.

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SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severableand 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.


on May 5, 2011.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:



_______________________________


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IrvingCC Packet 2011-05-05

Documents

Transcript of IrvingCC Packet 2011-05-05