IrvingCC Packet 2011-01-13

AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, JANUARY 13, 2011
COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, JANUARY 12, 2011 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS
6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor

City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M. -----------------------------------------------------------Organizational Service Announcements
Invocation
Pastor Chris Davis, King's Chapel

Pledge Of Allegiance
Proclamations, Announcements, and Special Recognitions
Public Hearing: Items 1 through 39
THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
City Council Agenda 01/13/2011 1

CITY COUNCIL AGENDA
1 City Operations Update
CONSENT AGENDA
2. Approving work session minutes for Wednesday, December 08, 2010
3. Approving regular meeting minutes for Thursday, December 09, 2010
4 Resolution -- Approving a Records Control Schedule for Fleet Documents

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

2. Impact: This action enables the City to continue to provide vital city secretary
functions in the absence of the Acting City Secretary.
Recommendation

6 Resolution -- Approving an Interlocal Agreement Between the City of Irving
and Dallas County Community College District-Brookhaven College
School of Emergency Medical Services.
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: This opportunity provides internship locations/slots to Brookhaven College
3. The agreement has a one-year term from September 1, 2010 through August 31,
2011 and signed by both parties.
Recommendation
The agreement be approved.
7 Resolution -- Approving an Amended Interlocal Agreement Between the

City of Irving Tax Increment Reinvestment Zone Number One, City of
Irving, and the Dallas County Utility Reclamation District Concerning
Desiltation of District Waterways
2. Impact: The amended interlocal agreement between the TIF and DCURD will
provide funding for essential flood control and safety measures within the urban
district.
3. The Council previously approved an interlocal agreement between the TIF and
DCURD on May 13, 2010 to fund waterway dredging, urban center levee risk
analysis, flood control barriers, Lake Carolyn lake wall stabilization, utility relocation,
APT study, and emergency generator for South Lake Carolyn storm water pump.
4. This amendment increases the amount of the interlocal agreement by $387,000.00
to fund waterway dredging within TIF boundaries, urban center levee risk analysis,
Modification of the Lake Carolyn gravity outlet gate, APT study, and the South lake
Carolyn Storm Water Pump Station.
5. The TIF Board unanimously approved the amended agreement at the December
14, 2010 Board Meeting
6. Funding in the amount of $387,000.00 is available in the TIF Fund.
Recommendation

8 Resolution -- Approving an Amended Economic Incentive Agreement
Between the City of Irving and Michaels Stores, Inc.
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this amended agreement changes the date the lease must be
signed to June 30, 2011. Due to delays in the lease process, Michaels will not be
able to meet the original lease date of December 31, 2010. The Michael’s retail
store will be located in the MacArthur Park shopping center at 635 and MacArthur.
All other requirements for Michaels remain unchanged.
3. The retail operation will occupy approximately 24,000 square feet and is estimated
to generate $3.2 million in annual taxable sales which will result in estimated City
sales tax of $32,000.
4. The incentive requires Michaels Stores, Inc., to sign at least a 5-year lease by June
30, 2011, occupy at least 24,000 square feet, and generate at least $2 million in
annual taxable sales to qualify for the grant.
5. The agreement provides five annual grants calculated as a percentage of sales tax
received by the City: year 1 (60%), year 2 (50%), year 3 (50%), year 4 (40%) and
year 5 (30%). The estimated net benefit to Michael’s is $76,600 over 5 years and
$86,400 to the City.
6. The agreement terminates the earlier of December 31, 2018 or the date the Grant
payment for year 5 is made.
Recommendation

9 Resolution -- Approving a Settlement of Claim Between the City of Irving
and Clyde and Barbara Dumas
2. Impact: The City will receive payment of the full paving assessment balance due in
the amount of $4,696.00.
3. Paving Assessment Ordinance No. 5308 adopted on April 24, 1987 for
improvement to Belt Line Road, included the parcel located at 580 Belt Line Road.
4. Owners made timely payments until Texas Department of Transportation purchased
a portion of the property in the 1990’s. The property owners have stated that they
attempted to pay the balanced at that time, but were informed that there was no
record of the lien balance. Because any records or conversations would have
occurred nearly 20 years ago, we are unable to verify the owner’s statement.
5. Owners recently learned of the lien and approached the City with an offer to settle
this claim. They have indicated they moved approximately 12 years ago from the
address the City has on file for them. It does not appear that the City received a
new contact address.
6. This resolution waives payment of accrued interest in the amount of $5,560.17.
Recommendation
10 Resolution -- Approving an Agreement Between the City of Irving and the

Bartlett Alliance, Inc.
2. Impact: This contract compliments the existing Irving University training program
by providing focus on training aligned with the organization’s philosophy and
culture. Class topics were identified by the city’s internal training committee.
3. Approximately 1,500 participants will receive classroom training and additional
employees will benefit from online training and curriculum developed through this
contract. Over the past two years, the city has developed a high quality training
program that is strategically aligned and targets training needs. Through this
process, the training cost per participant has been reduced by approximately 55%.
4. Funding in the amount not to exceed $90,000.00 for the period January 1, 2011, to
September 30, 2011, and in an amount not to exceed $30,000 for the period
October 1, 2011, to December 31, 2011, is available in the General Fund subject to
funds being appropriated in Fiscal Year 2011-12.
Recommendation

11 Resolution -- Authorizing the Mayor to Accept the Texas State Library and
Archives Loan Star Libraries Grant
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: This grant supplements the materials budget, library programs, and
purchase of equipment that was not funded.
3. The Loan Star Libraries Grant from the Texas State Library and Archives
Commission is a direct state aid program for Texas public libraries. This is the tenth
year the Irving Public Library will receive funding from the program.
4. The grant amount of $75,630.00 is $18,775.00 less than last year.
5. The term of the grant runs from September 1, 2010 to August 31, 2011.
Recommendation
12 Resolution -- Authorizing Additional Environmental Study in Furtherance

of Settlement of a Lawsuit with Shin Ho “Sam” Kim D/B/A Texas Lunch
Box and Purchase of Property Located at 1923 Senter Road
1. This item supports Strategic Goals No. 2: Vibrant Neighborhoods and No. 8: Sound
Governance.
2. Impact: The additional environmental study would further the resolution of the
lawsuit and facilitate the City’s purchase of the property located at 1923 Senter
Road.
3. In response to citizen complaints, the Code Enforcement Department began
focusing on the building located at 1923 Senter Road in early 2007.
4. In September 2007, the Building and Standards Commission ordered the demolition
of the building, and the owner appealed the order to district court and included the
City as a defendant. The case has been litigated in state and federal court.
5. Settlement of this lawsuit was on the Council agenda on February 7, 2008, and
May 28, 2009, for $225,000.00 but was rejected by the City Council on May 28,
2009.
6. At an August 5, 2010 meeting, the City Council approved the settlement of this
lawsuit for $155,000.00, the entering into a purchase and sale agreement with the
current owner for the property located at 1923 Senter Road, and if the
environmental assessment is satisfactory and all of the requirements of the
purchase and sale agreement are met, the purchase the property. The City Council
also authorized the expenditure of costs for an environmental study not to exceed
$8,000.00 in addition to the closing costs and settlement costs.

7. The Phase I environmental study of the property located at 1923 Senter Road has
necessitated the need for a Phase II environmental study.
8. In furtherance of the settlement, funding in the amount of $32,000.00 is available in
the Non Bond CIP Fund.
Recommendation
13 Resolution -- Amending Resolution No. 9-22-83-573 Relating to the Length

of Terms of Board Members of the Administrative Board of the City of
Irving Supplemental Benefit Plan and the Removal of Term Limits
2. Impact: This amendment will allow Administrative Board members who have
become familiar with the Supplemental Benefit Plan to remain in office if reelected.
3. The current plan document provides that the Board is composed of 9 members, 5 of
whom are elected by participants in the Supplemental Benefit Plan. The current
term of office for elected members is two years.
4. The proposed plan amendment would increase terms to three years and remove
the three term limit.
5. Current elected members include Jeff Spivey, Captain, Irving Police Department;
Casey Tate, CIP Director; Rodney Adams, Presiding Municipal Judge; David
Cardenas, Business Manager, Water Utilities; and Brad Duff, Treasury Manager,
Financial Services.
6. The Administrative Board met on November 15, 2010, at their regular meeting and
recommended these changes in the Plan Document.
Recommendation

14 Resolution -- Approving a Discretionary Service Agreement Between the
City of Irving and Verizon, for the Relocation of Aerial Telephone Facilities
and the Placing of Utility Poles on Northgate Drive Between Carl Road and
Chemsearch Boulevard
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: It is necessary to relocate the aerial facilities and place the utility poles on
Northgate Drive between Carl Road and Chemsearch Boulevard to construct the
roadway pavement project.
3. Funding in the amount of $208,950.99 is available in the Street Improvement Bond
Fund.
Recommendation

City of Irving and Oncor Electric Delivery Company, LLC, for the
Relocation of Electric Facilities on Northgate Drive
2. Impact: It is necessary to relocate the electric facilities on Northgate Drive from
Tom Braniff Drive to Carl Road to construct the roadway pavement project.
Fund.
Recommendation

16 Resolution -- Awarding a Contract to Mario Sinacola & Sons Excavating,
Inc., for the Northgate Drive Paving Improvements Project from Tom
Braniff Drive to Carl Road
2. Impact: This project will replace the concrete driving surface from Tom Braniff Drive
to Carl Road. It will be a four-lane divided road with bicycle lane which will improve
access to the University of Dallas, NCH Corporation and other businesses along the
road. City of Irving water mains and wastewater mains along this area of roadway
will be replaced to improve the city’s infrastructure.
3. Two-way traffic will be maintained at all times during construction.
4. This project was bid with a method called A+B bidding that assigned a daily value to
the amount of days bid by the contractor for bid evaluation. The contract award is
based on the Base Bid (A) and the contractor will be required to complete the
contract in the number of days bid. Incentive pay for early completion or liquidated
damages assessed for failure to complete in time will be $1,000.00 per calendar
day.
5. Mario Sinacola & Sons Excavating Inc., submitted the lowest and best base bid of
$4,881.696.40 with a project completion time of 300 calendar days. An additional
$38,303.60 is required for testing and an additional $30,000.00 will be reserved for
potential incentive pay, bringing the total cost of the project to $4,950,000.00. This
is $1,750,000.00 (26%) below the funding allocated for this project.
6. Funding in the amount of $4,950,000.00 is available in the Water Improvement
Bond Fund and the Street Improvement Bond Fund.
Recommendation

City of Irving and Verizon, for the Undergrounding of Aerial Telephone
Facilities on O’Connor Road from SH 183 to Metker Street
2. Impact: As part of the first phase, utility poles will be relocated to the west side of
O’Connor Road from SH 183 to Metker Street. This will put utility crossings
underground in accordance with our ongoing utility undergrounding efforts.
3. Temporary aerial crossings will be installed as part of this phase. Conduit crossings
will be placed underground as part of the city’s paving project. The telephone
company will string wire and splice at that time.
Fund.
Recommendation

18 Resolution -- Approving Addendum No. 1 to the Engineering Design
Services Agreement Between the City of Irving and Birkhoff, Hendricks
and Conway, LLP, Now Known as Birkhoff, Hendricks & Carter, LLP, for
the Design of the Nursery/Railroad Basin Sanitary Sewer Main
Inflow/Infiltration Improvements Project
2. Impact: Currently the consulting engineer is under contract to design the
replacement of sewer mains at 12 locations. Staff has recently identified the need
to also replace the water mains at seven of those locations. The most efficient use
of time and funds is to have the same engineer design the water main replacements
where they have already surveyed and designed the sewer main replacements.
3. Staff has also determined the replacement of the sewer and water mains on Ouida
Road and Geneva Road will damage most of these asphalt roads and should be
totally replaced and upgraded to current standards.
4. The design for the replacement of the 12-inch water main at Belt Line Road and
Bear Creek is also being incorporated into this contract to expedite the design of a
permanent fix for this main that was washed out earlier this year.
5. Replacing both water and sewer on streets and upgrading substandard streets
when total replacement is needed is good customer service and sound governance.
6. Construction of this project has not occurred already due to lack of funding.
Funding for construction of this project, with the exception of the portion related to
Ouida Road and Geneva Road, are available in the current fiscal year.
7. The portion of the project that includes the total reconstruction and upgrade of
Ouida Road and Geneva Road will not be bid for construction until neighborhood
street bond funds can be made available for the upgrades to the street
replacement.
8. The total increase in design fee is $199,640.00 for an estimated $2,177,000.00 in
additional construction work.
9. Funding in the amount of $199,640.00 is available in the Water Improvement Bond
Fund.
Recommendation

19 Resolution -- Approving a Discretionary Services Agreement Between the
City of Irving and Oncor Electric Delivery Company, LLC, for the Removal
of Street Lighting Facilities on Irving Boulevard from Hwy 183 to Loop 12
as Part of the City's Solar Powered LED Street Lighting Project
1. This item supports Strategic Goal No. 10: Environmental Sustainability, Goal No. 9:
Infrastructure Network and Goal No. 2: Vibrant Neighborhoods
2. Impact: This agreement allows for the removal of 217 Oncor owned street lighting
facilities on Irving Boulevard from S.H. 183 to Loop 12, including Second Street, as
part of the city’s solar powered street lighting project. An additional 49 city owned
lights will be removed for a total of 266 lights.
3. Installation of 170 off-the-grid solar lights was completed in December through the
use of U.S. Department of Energy grant funding. Department of Energy grant funds
cannot be utilized to fund the removal portion of the project.
4. Removal of the grid-connected street lights saves approximately $124,000.00
annually in Oncor tariffs and in energy costs.
5. Funding in the amount not to exceed $150,768.12 will be made available.
Recommendation
20 Resolution -- Awarding an Engineering Services Agreement with RJN

Group, Inc., for a Sanitary Sewer Evaluation Survey (SSES).
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This SSES project is required by the TCEQ and will include field testing
and analysis of sanitary sewers to develop a prioritized list of rehabilitation, repair
and replacement projects for a portion of the Southwest Irving Interceptor Basin.
3. This project will require equipment and expertise that the City of Irving does not
have and would be too costly to obtain since it would not be continuously used.
4. This project will also include inspection of manholes and pipes in the study area that
will result in verification of pipe size, material, location and condition information.
This will be input into the City’s GIS to update mapping for future use by staff.
5. City staff administered a Request for Qualifications, RFQ # 016M-11F, to select an
engineering firm for these services. Five RFQ Responses were received and
reviewed by staff. The response returned by RJN Group, Inc. best met the criteria
in the RFQ and they have a great deal of experience executing projects similar to
this one, including previous projects here in Irving.
6. Funding in the amount of $349,591.00 is available in the Water and Sewer System
Fund.
Recommendation

21 Resolution -- Approving Payment of Operating Funds to SMG (Convention
Center Operator) as Budgeted
2. Impact: The successful operation of the Irving Convention Center will impact Irving
residents positively by generating incremental hotel occupancy, sales and use
taxes.
3. The City of Irving has a contract for management and operations of the convention
center with SMG, acting as the City’s agent. The contract and its associated
purchase orders address the management and consulting fees, and the
performance incentives.
4. Although the Bureau’s operating budget for 2010-11, as authorized by the City
Council, includes the convention center’s operating budget and an annual operating
subsidy for the convention center, there is a need in this first year of operations to
establish a specific mechanism to authorize the transfer of those operating subsidy
funds to SMG as outlined in the contract, as well as transfer other funds within the
approved budget to SMG to cover direct costs for any services provided on the
Bureau’s behalf, i.e., industry opening events, client familiarization events, specific
event subsidies for bidding requirements, etc.
5. Funding in the amount of $1,293,370.00 (amount budgeted for subsidy) is available
in the Bureau’s General Fund; funding up to $385,000.00 for the other direct costs
is available in the Convention Center Fund.
Recommendation
22 Resolution -- Approving the La Buena Vida Foundation Application for

Community Development Block Grant Funds for Construction of a
Residential Center for At-Risk Youth
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: This action will approve the application from the La Buena Vida
Foundation, Inc. (LBVF), for $246,000 in Community Development Block Grant
funding for the development of a residential center for at-risk youth.
3. The request for this funding was made by the LBVF in order to target a specialized
segment of the city’s at-risk population of young adults, who range in age from 18 -
23 years old.
4. The City of Irving currently owns a vacant lot on 210 Maltby and the LBVF is
requesting this site for the development of the facility.

5. Based upon guidance from the U. S. Department of Housing and Urban
Development (HUD) the City would build and maintain ownership of the facility until
conclusion of the City’s agreement with LBVF. If the recommendation is approved,
staff will proceed to put the construction of the house out to bid. Upon receipt of
bids, the award of the construction contract and the final agreement with LBVF will
be submitted to Council, Those items will include the final plans and specifications
for the construction project.
6. Additional guidance from HUD also stipulates that the program would be operated
through a “lease agreement” with the LBVF. LBVF would be responsible for
following the requirements of the City of Irving and HUD which include limiting the
use of Federal funds to assist the homeless. Transfer of ownership of the facility to
LBVF would be consummated at the culmination of the lease term as long as
performance standards and compliance with federal regulations are met.
7. The Community Services Committee was briefed on this proposed project at its
November 10, 2010, meeting.
8. The Housing and Human Services Board approved the recommendation to utilize
Federal funds for the construction of a facility at its December 15, 2010, meeting,
with a vote of 6-1.
9. Funding in the amount of $246,000.00 is available in the Community Development
Block Grant Fund.
Recommendation
Bids & Purchasing Items

Items 23 - 26
23 Resolution -- Approving a Mutual Cooperative Purchasing Agreement

Between the City of Irving and the City of Anna
2. This item has been recommended by Intergovernmental Services & Public Works –
Purchasing.
3. Impact: Entering into this mutual cooperative purchasing agreement allows both
governmental entities to utilize each other’s contracts for fuel for anticipated savings
to each entity.
Recommendation

24 Resolution -- Approving and Accepting the Bid of Dal-Ec Construction Ltd,
for the Installation of a Generator at the Irving Criminal Justice Center
(ICJC)
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 9:
Infrastructure.
2. This item has been recommended by the Capital Improvement Program
Department.
3. Impact: The generator replacement will enhance the emergency back-up power
system of the ICJC. It provides the entire building with emergency power capability
to ensure the continuity of mission critical operations in the event of a power
outage. This public safety facility houses the 911 call center and the city jail.
4. Dal-Ec Construction will act as the prime contractor for the project to coordinate the
civil, mechanical, electrical, and plumbing trades for the installation of a new 600
KW generator. The generator was purchased November 2009 as part of a
Homeland Security grant, but the installation falls under this contract. The existing
360 KW generator will be salvaged and utilized in conjunction with the new
generator.
5. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on this
award is 17%.
6. Funding in the net amount of $479,682.75 is available in the City Building
Improvement Bond Fund and $136,000.00 is available in the Emergency
Management Grant Fund.
FY2010-11
Exp.
Vendor (Current FY) Total
Dal-Ec Construction Ltd $615,682.75 $615,682.75

(One time only)
Recommendation

25 Resolution -- Approving and Accepting the Bid of Library Interiors of
Texas, LLC, for the Construct and Install Three Service Desks for West
Irving Library
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. This item has been recommended by the Capital Improvements Program
Department.
3. Impact: This award provides for construction and installation of the circulation,
information and service desks for reservation stations and printers for the new
25,000 square foot West Irving Library.
award is 100%.
5. Funding in the net amount of $72,711.13 is available in the Library Bond Fund.
FY2010-11
Vendor Total Exp.
Library Interiors of Texas, LLC (Current FY)
One time only
Total Amount $72,711.13
Recommendation

26 Resolution -- Approving the Lease with Xerox for a Color Copier Utilizing
the State of Texas Cooperative Purchasing Program or The Cooperative
Purchasing Network (TCPN) Program
1. This item supports Strategic Goals No. 8: Sound Governance and No.10:
Environmentally Sustainable Community.
2. This item has been recommended by Information Technology.
3. Impact: The new lease will create a monthly savings of $1,688.46 and the copier
utilizes an EA Toner which eliminates the need for fuser oil, improves image quality,
and is better for the environment.
4. This lease includes both an XC800 (XEROX COLOR 800) and one EX1000 (FIERY
SERV) resulting in the digital color copier that best meets the needs of print
services.
5. Funding in the net estimated annual amount of $137,112.36 or a total of
$685,561.80 for this five-year contract will be available in the General Fund.
FY2010-11 FY2011-12 FY2012-13 FY2013-14 FY2014-15 FY2015-16 Five-Year
Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp.
Vendor (Jan.-Sept.) (Oct.-Dec.)
Xerox $102,834.27 $137,112.36 $137,112.36 $137,112.36 $137,112.36 $34,278.09 $685,561.80
Recommendation
End of Bids
27 Ordinance -- Budget Adjustment to the 2010-11 Fiscal Year Budget

2. Budget adjustments are needed in the following funds: General Fund, General
Interest and Sinking Fund.
Recommendation
The ordinance be adopted.

28 Ordinance -- Amending Section 35 - Subdivisions of Part IV City Of Irving
Land Development Code to Require Utilities to be Installed Underground
with New Development
1. This item supports Strategic Goal No. 1: Land Use
2. Impact: This amendment will improve the appearance of neighborhoods and
corridors.
3. Planning and Zoning Commission Hearing Date and Recommendation: January 3,
2011 – Favorable, 7-0 (Commissioners Palmer and Allen, absent)
4. This is an amendment to the Subdivision Ordinance to require, as part of the
platting process, all new utilities serving a new development to be installed
underground.
5. This ordinance memorializes the existing practice of requiring underground utilities
as part of site plan zoning cases and other development plans. Underground
utilities are already required for new development in the Heritage Crossing area as
well as deed restricted areas of the city.
6. In the fall of 2009, the City adopted an amendment to the Electrical Code requiring
all new electrical service drops to be installed underground. This ordinance would
require other utility services such as telephone and cable to also be installed
underground.
7. This ordinance acknowledges the current regulatory scheme and case law in Texas
in that the obligation to pay for the undergrounding rests with the developer, not
with the utility company.
8. This item was reviewed by the Planning and Development Committee on
September 23, 2010.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

29 Ordinance -- First Reading – Renewal of a Non-Exclusive License to Sprint
Communications Company L.P., for a Fiber Optic Transmission System in
the City of Irving
2. Impact: This agreement allows Sprint to use city rights-of way for the continuation
of service via their fiber optic transmission system and for the city to receive
compensation for this usage of rights-of-way.
3. The agreement renews a previous 10-year agreement with Sprint for access to city
rights-of-way.
4. Sprint has approximately 2000 feet of line in Irving.
5. The fiber optic network supports Sprint’s wireless network and future technology
initiatives.
6. The City has enhanced the agreement to account and protect against changes in
law and technology.
Recommendation
ZONING CASES AND COMPANION ITEMS

30 Ordinance -- Zoning Case #ZC10-0041 - Granting TOD (Transit Oriented
Development) District - Approximately 16.34 Acres Located on the
Northwest Corner of Spur 348 and Las Colinas Boulevard - Glenn
Engineering, Applicant - Hines Las Colinas Land L.P., Owner
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: December
20, 2010 – Favorable 9-0 with the stipulation that the “flag plaza” be enhanced with
either some type of art work, a fountain, other water feature or other improvement
to create a more distinctive entry.
3. The applicant is requesting a zoning change to Transit Oriented Development
District to develop the property with multifamily uses at 32 units per acre in Phase 1
and 40 units per acre in Phase 2, and approval of a detailed site plan for 256 units
in Phase 1.
4. The Comprehensive Plan’s Future Land Use Map recommends High Density
Residential uses for this property. This request is in conformance with the
Comprehensive Plan.

5. The applicant is proposing a TOD general plan in two phases for 256 units on the
northern tract (Phase 1), with the southern tract (Phase 2) to be developed later.
The property is within a half-mile of the new transit station on the Orange Line. The
zoning will allow the applicant to develop 32 units per acre on Tract 1 and 40 units
per acre on Tract 3. Tract 2 is for the levee. Tract 3 may also be developed with
retail or mixed uses.
6. The applicant is also submitting a TOD detail plan for Tract 1. A 256-unit
multifamily project is proposed, with an average unit size of 925 sq. ft. Five
multifamily buildings are located around the perimeter of the property adjacent to
the levee and Las Colinas Blvd. Additional multifamily units are in the center of the
development with the office, pool, and clubhouse. 452 parking spaces are provided,
including garages and carports.
7. The applicant is complying with the requirements of the TOD development
standards. An entry feature of a flag plaza is provided on Las Colinas Blvd. that
provides an enhanced visual into Tract 1 as well as a connection for future phase 2
development. Landscaping will meet the TOD requirements. The levee area will be
used for the required open space as well as an interior courtyard and gathering
space. The plan also indicates a pedestrian connector to the DART transit station.
8. Staff can support the request as it is consistent with the Comprehensive Plan and
the TOD development standards.
9. The stipulation of the Planning and Zoning Commission has been met.
10. Public notices were sent to thirty-two (32) property owners, with none returned in
favor and two (2) returned in opposition. The opposition represents 1.18% of the
property within 200 feet.
Recommendation
Commission.
31 Ordinance -- Zoning Case #ZC10-0043 - Granting S-P-2 (Generalized Site

Plan) for R-6 (Single Family) Uses - Approximately 0.32 Acres Located at
1613 Upton Place - Jerry and Reba Thorn, Applicant/Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
December 6, 2010 – Favorable, 6-2 subject to (1) the applicant applying for all
required building permits and inspections from the City within seven days of
approval of this zoning change by the City Council, and (2) payment of all
applicable fees and penalties (Commissioners Randall and Webb, nay;
Commissioner Fischer, absent).
3. The applicant is requesting rezoning to allow a 1,440 square foot detached garage
six feet from the side and rear property line and 17 feet tall, and a second garage
structure no more than 460 square feet in size.

4. The Comprehensive Plan recommends Low Density Residential uses for this
property. This request is in conformance with the Comprehensive Plan.
5. Section 52-40 of the zoning ordinance restricts the total combined size of detached
garages in an “R” district to 700 square feet and one story in height.
6. In 2009, the owner applied for a building permit and electrical permit to construct a
detached garage. Both permits were cancelled at the owner’s request when,
according to staff notes, the owner was informed that his garage(s) would exceed
the maximum size allowed by ordinance. The owner was refunded the cost of the
cancelled permits.
7. At some point after the permits were cancelled and the fees refunded, the applicant
began construction of the garage(s) without the required permits. Staff has no
records of any active permits for either detached garage.
8. After construction of the larger of the two detached garages commenced, staff was
made aware of the activity and informed the applicant that permits were required,
but could not be issued without zoning approval for the size of the accessory
building. The owner filed an application with the City, and continued construction to
“waterproof” the building by completing the exterior sides and roof.
9. Both detached garages are constructed with cedar siding and asphalt shingle roofs.
10. The 1,440 square foot, 17-foot tall garage is approximately 75 feet from the nearest
house on W. Vilbig Street, and approximately 130 feet from the nearest house on
Franklin Street. The smaller detached garage is approximately 70 feet from the
nearest house on Franklin Street.
11. An existing metal patio cover also exists on the property. This cover could remain
as a nonconforming use; however the patio cover could not be replaced if destroyed
or damaged more than 50 percent. If the zoning change is approved, no new
accessory structures would be permitted other than the two detached garages.
12. Staff can support this request due to the following: (1) the lots in this neighborhood
are relatively large lots – approximately 1/3 of an acre; (2) the larger building is at
least 130 feet away from the house on the property abutting the rear; (3) the
structures are at least 70 feet from the house on the property to the south; (4) the
structures make use of sloped roofs with asphalt shingles that match the house; (5)
the site plan notes, including notes prohibiting the buildings to be used for
commercial purposes, living quarters, or to be leased separate from the main
house; and (6) the apparent quality of the exterior materials and overall
construction.
13. The applicant has agreed to comply with the stipulations of the Commission.
14. Public notices were sent to 30 property owners, with two (2) letters in favor and one
(1) letter in opposition received. The opposition represents 8.9% of the property
within 200 feet.
Recommendation
Commission.

32 Ordinance -- Zoning Case #ZC10-0048 - Granting S-P-1 (Detailed Site Plan)
for C-N (Neighborhood Commercial) Uses - Approximately 0.67 Acres
Located at 100 West Airport Freeway - Allen and Ridinger Consulting,
Applicant - First Security Bank NA, Owner
20, 2010 - Favorable 9-0.
3. The applicant is requesting a zoning change to allow office and retail uses.
4. The Comprehensive Plan’s Future Land Use Map recommends State Highway 183
Redevelopment Corridor uses for this property. This request is in conformance with
the Comprehensive Plan.
5. The property is developed with a 5,268 square foot building that is currently
unoccupied. The property was used by the previous owner for car sales allowed
under the C-OU-2 Commercial Outdoor district.
6. The current owner proposes to rezone the property for C-N (Neighborhood
Commercial) district uses. The building’s façade would be updated with a stone
wainscot and new paint, while the site would be modified to provide a 15’ landscape
buffer along SH 183 and providing access to a south parking lot exclusively from
Britain Road. The 27 parking spaces shown on the plan are sufficient for office and
retail uses.
7. The proposed site plan meets all TxDOT requirements, and meets the intent and
spirit of the proposed SH 183 Overlay District.
8. Public notices were sent to 10 property owners, with none received in favor or
opposition.
Recommendation
Commission.

33 Ordinance -- Zoning Case #ZC10-0052 - Granting S-P-2 (Generalized Site
Plan) for C-N (Neighborhood Commercial) Uses - Approximately 3.2 Acres
Located at 515 South MacArthur Boulevard - Kroger Texas, LP,
Applicant/Owner
20, 2010 – Favorable, 6-3 subject to the landscaping and building façade
improvements being completed no later than 180 days after the issuance of the
beer and wine license from the Texas Alcoholic Beverage Commission
(Commissioners Fischer, LaRose and Webb, nay).
3. The applicant is requesting rezoning to allow a variance to the separation
requirements from the property line of a school for the sale of alcoholic beverages
for off-premise consumption.
4. The Comprehensive Plan recommends Neighborhood Enhancement Zone for this
property. Areas within Neighborhood Enhancement Zones are envisioned to be
redeveloped with “quality retail and mixed use development, where appropriate.”
Grocery stores are considered to be critical components to sustainable residential
neighborhoods. The continued use of the site as a grocery store, along with the
modification of the site proposed by the applicant, are in conformance with the
Comprehensive Plan.
5. On October 16, 2008, the City Council amended Section 52-49(a)(10) of the zoning
ordinance by prohibiting the sale of alcoholic beverages within 300 feet of a public
or private school, as measured “in a direct line from the property line of the public or
private school to the property line of the place of business, and in a direct line
across intersections.” At the same time, the City Council added Section 52-
49(a)(14), which allows the City Council to grant a variance from the above
regulations if the property is within the area now known as the Heritage Crossing
Redevelopment District if the Council determines that enforcement of the regulation:
• Is not in the best interest of the public,
• Constitutes a waste or inefficient use of land or other resources,
• Creates an undue hardship on an applicant,
• Does not serve its intended purpose,
• Is not effective or necessary, or
• For any other reason determined to be in the best interest of the community.
6. On November 18, 2008, the owner submitted an Application for TABC Wine and
Beer Retailer’s Off-Premise Permit Application Certification (hereafter referred to as
the “Application for Certification”). The Application for Certification is the method by
which the city determines whether the City Secretary may sign or approve a TABC
application for the sale of beer or wine for off-premise consumption. As part of the
review of these applications, staff determines whether the applicant’s property has
the proper zoning, and whether the property meets all the separation distance
requirements.

7. On November 26, 2008, staff denied the application on the grounds that the subject
property was only 240 feet from the property line of a school. The applicant is
seeking a variance to the required 300-ft separation between the subject property
and the school property.
8. The applicant submitted a previous request in the fall of 2009, but subsequently
withdrew the application. A new application was received December 1, 2010.
9. As part of the variance request, and in an effort to ameliorate any perceived
negative impacts of offering the sale of alcoholic beverages within the store, and to
provide a “quality retail” development in conformance with the Neighborhood
Empowerment Zone designation in the Comprehensive Plan, the applicant is
proposing the following enhancements to the site:
• New landscaping along MacArthur Boulevard and Sixth Street, to include 13
total trees and a combination of flowers and ornamental grasses, in general
conformance to the landscape plan and with staff approval of the final landscape
plan. Although it is not shown on the plan, the applicant has also proposed new
planters at the front of the building. The landscaping will both beautify the
property and provide a strong vegetative border between the sidewalk and the
store property;
• Additional landscaping and intersection enhancements at the corner of
MacArthur Boulevard and West Sixth Street, including brick pavers at entry
points;
• Provide upgraded building façade treatments, as shown on the site plan, and
• Paint the existing monument sign and the concrete screening wall along the
north property line to match the color of the façade enhancement.
• Remove the gasoline-prices pole sign, to be replaced by digital signs on the
canopy in compliance with the new sign ordinance provisions.
10. The proposed variance to the distance requirements only applies to the grocery
store. It does not apply to accessory retail locations on the subject property, such as
the gasoline service kiosk.
11. While the two closest points between the property lines of the school and the
subject property are approximately 240 feet apart, the store building is
approximately 700 feet from the nearest school building.
12. It is the City’s goal to help establish and maintain viable retail grocery shopping
options for both current and future residents of the Heritage Crossing neighborhood.
For this reason, the variance provision was added to the alcoholic beverage
ordinance in 2008, and specifically limited to the Heritage Crossing area. The
applicant has indicated that the inability to sell alcoholic beverages puts this store at
a competitive disadvantage relative to stores outside of Heritage Crossing. Staff
believes that approval of the variance would help provide an equitable solution.
13. Staff also believes the proposed property enhancements will provide a significant
aesthetic benefit to the community. Additionally, the proposed improvements will
help clearly delineate the separation between public and private space, and
discourage “cut-through” pedestrian traffic to and from the school. These
improvements, along with the separation distance between the actual store and the
school buildings, allow staff to support the applicant’s request.

14. The applicant has agreed to comply with the stipulations of the Planning and Zoning
Commission.
15. Public notices were mailed to 79 property owners. Staff has received 15 comment
forms and 58 letters in support, and 2 comment forms, 6 emails, and a petition with
284 signatures in opposition. The opposition represents 0% of the land within 200
feet of the subject property; therefore, a ¾ vote is not required to approve this
request.
Recommendation
Commission.
APPOINTMENTS AND REPORTS

34 Resolution -- Appointments to the Irving Flood Control District Section I to
Fill Two-Year Terms Expiring January 2013
2. Impact: This board is responsible for maintaining and improving the flood control
program for Section I.
3. The board members must own taxable land within the district.
Recommendation
35 Resolution -- Appointing Board Members to the Tax Increment

Reinvestment Zone No. 1 Board to Fill Two-Year Terms Expiring January
2013
2. Impact: Board members must be a qualified voter within the City of Irving or own
real property in the zone.
3. The City Council appoints five of the positions to this nine-member board.
Recommendation

36 Resolution -- Appointing a Board Chair to the Tax Increment Reinvestment
Zone No. 1 Board with a Term Expiring January 2012
2. Impact: In accordance with the city ordinance, the Council must appoint the Chair
of this board yearly.
Recommendation
37 Resolution -- Appointments to the Metropolitan Higher Education Authority

to Fill Two-Year Terms Expiring June 2012
2. Impact: The Metropolitan Higher Education Authority is a nonmember, nonstock,
nonprofit corporation created by, and acting on behalf of, the City of Irving and is
working with the University of Dallas on capital improvements for its Irving campus.
3. This resolution reappoints the current board members pursuant to the board’s bylaw
requirements.
Recommendation
38 Mayor’s Report
39 Adjournment
Citizens’ Forum
Citizens are invited to speak for three (3) minutes on matters relating to City
government and on items not listed on the regular agenda.

2
WORK SESSION MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
December 8, 2010
The Irving City Council met in work session December 8, 2010 at 11:15 a.m. The following
members were present/absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Absent
Minutes Acceptance: Minutes of Dec 8, 2010 11:00 AM (CONSENT AGENDA)

Rose Cannaday Irving City Council Councilwoman Absent
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Absent
DISCUSSION TOPIC
1 Review of Regular Agenda
Roxanne Clary, Marketing and Circulation Director for the Dallas Business
Journal presented the Mayor, Council and City Manager with the Best Places to
Work Award for 2010.
Tommy Gonzalez, City Manager, will present the operations update at tomorrow
night’s meeting.
CONSENT AGENDA
17 Resolution -- Authorizing the Submittal of a Substantial Amendment to the 2009-
2014 Consolidated Plan to the U.S. Department of Housing and Urban
Development for the Use of Federal Funding in Support of Public Improvements
(Postponed at The November 11, 2010 City Council Meeting)
Chris Hooper, Director of Housing and Human Services, provided an update to
the amendments made to the Consolidated Plan and conveyed the staff
recommendations as well as the Housing and Human Services Board
recommendations for the project.
The Board originally desired to use this funding for a street lighting project.
27 Ordinance -- Amending Chapter 7 “Billboards and Signs” of the Land

Development Code of the City of Irving, Texas; Providing Penalty, Savings,
Severability, and an Effective Date.
Gary Miller, Planning & Inspections Director, described the proposed changes to
the sign ordinance.
28 Ordinance -- Designating a Certain Contiguous Geographic Area in the City of

Irving as "Tax Increment Reinvestment Zone Number Two, City of Irving, Texas
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2
City Council Work Session

December 8, 2010
- Irving Boulevard"; Providing the Effective and Termination Dates for the Zone;
Establishing a Tax Increment Fund for the Zone; and Containing Other Matters
Related to the Zone
Kevin Kass, Program Director, gave an overview of the TIF No. 2 - Irving
Boulevard plan to stimulate redevelopment along Irving Boulevard. He noted a
potential of $86 million of TIF district revenue generated in the 30-year plan with
the City and Dallas County participation.
Councilman Stopfer suggested looking at current Preservation &
Redevelopment Board members as well as Heritage Crossing Communications
Committee members to serve on the TIF No. 2 Board.

Councilman Santoscoy emphasized that creating this TIF district does not create
a new tax for the property owners. He suggested staff work with the construction
companies and applicants to streamline construction approvals. He also
mentioned working with DART to shelter bus stops along Irving Boulevard.
Councilman Farris asked about the timeline for redevelopment in the area.
Mr. Kass noted that it is projected to take three to five years to see significant
revenue generated.
Max Duplant, Chief Financial Officer, described the history of TIF No. 1, noting
the differences between the two districts.
31 Mayor’s Report
The Mayor had no report at today’s work session.
Council recessed at approximately 12:20 p.m.
Council reconvened at approximately 1:10 p.m.
2 TIF Presentation - Irving Boulevard

Kevin Kass, Program Director, provided an update to the TIF presentation during the
review of the regular agenda.
3 State Highway 183 Overlay
Steve Reed, Planning & Development Manager, described the SH 183 Overlay plan
and requested approval from Council to move forward with public input hearings with
the community.
4 Year-End Highlights
Teresa Adrian, Management Operations Director, presented the 2010 year-end review.
2
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City Council Work Session

December 8, 2010
5 Preservation & Redevelopment Board Discussion

Councilman Stopfer discussed dissolving the Preservation & Redevelopment Board in
an effort to streamline and best utilize HOT funds. He noted his appreciation of its
members and their continued interest in the Heritage District.
Mayor Gears asked Shanae Jennings, City Secretary, to contact the board members to
notify them of Council's discussion and see who is interested in serving on the TIF No.
2 board.
Council convened into executive session pursuant to Section 551.071 of the Texas Local

Government Code at approximately 1:40 p.m.
EXECUTIVE SESSION
6 Legal Advice - Ex Parte City of Irving and Entertainment Venue
Texas Open Meetings Act § 551.071
7 Legal Advice - Shin Ho “Sam” Kim D/B/A Texas Lunch Box V. City of Irving and City of
Irving Building and Standards Commission
Texas Open Meetings Act § 551.071
Council reconvened from executive session at approximately 2:38 p.m.

Council adjourned at 2:38 p.m.
___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Shanae Jennings, TRMC
City Secretary
3
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REGULAR MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
December 9, 2010
The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, December 9, 2010. The following members were present
/ absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Minutes Acceptance: Minutes of Dec 9, 2010 7:00 PM (CONSENT AGENDA)

Rick Stopfer Irving City Council Councilman Present
Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present
ORGANIZATIONAL SERVICE ANNOUNCEMENTS
Francesa Funk, 1625 Glen Valley, Irving, TX - Ms. Funk spoke to the Council about
events that are occurring at the Irving Arts Center.
INVOCATION
The invocation was delivered by Reverend Albano Tayengo, Kirkwood United Church of
Irving, Texas.
PLEDGE OF ALLEGIANCE
Councilman Patrick led those present in the pledge.
PROCLAMATIONS AND ANNOUNCEMENTS
There were no proclamations at tonight’s meeting.

.
CITY COUNCIL AGENDA
Motioned by Councilman Stopfer, seconded by Councilman Farris to approve consent

agenda items 2-28, and pull items 8, 15, 16, 17 and 28 for discussion.
Motion approved 9-0.
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City Council Meeting

December 09, 2010
There was no operations update at tonight’s meeting.
CONSENT AGENDA
Motioned by Councilman Stopfer, seconded by Councilman Farris to approve consent agenda items 2-
28, and pull items 8, 15, 16, 17 and 28 for discussion.

2 Approving Minutes for Wednesday, November 10, 2010
3 Approving Minutes for Thursday, November 11, 2010

4 Resolution No. RES-2010-356 -- Approving a Records Control Schedule for
Fire Documents
RESULT: ADOPTED [UNANIMOUS]

MOVER: Rick Stopfer, Councilman
SECONDER: Gerald Farris, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Philipp, Cannaday,
Santoscoy, Gallaway
5 Resolution No. RES-2010-357 -- Authorizing the Destruction of Obsolete

Records in Accordance with the City of Irving’s Records Management
Policy

Santoscoy, Gallaway
6 Resolution No. RES-2010-358 -- Approving a Texas Traffic Safety Program

Grant Agreement Between the City of Irving and the State of Texas, Acting
by and through the Texas Department of Transportation, for a Selective
Traffic Enforcement Program (STEP) Grant for Holiday DWI Enforcement
2
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3

December 09, 2010

Santoscoy, Gallaway
7 Resolution No. RES-2010-359 -- Authorizing the Mayor to Sign an Interlocal

Agreement Between the City of Irving and the North Central Texas Council

of Governments for Videoconference (VTC) Network Services

Santoscoy, Gallaway
8 Resolution No. RES-2010-360 -- Approving the Trust Fund Agreement with

North Texas Super Bowl XLV Host Committee, Inc.
Motioned by Councilwoman Cannaday, seconded by Councilman Gallaway to

approve a resolution approving the Trust Fund Agreement with North Texas
Super Bowl XLV Host Committee, Inc.

MOVER: Rose Cannaday, Councilwoman
SECONDER: Mike Gallaway, Councilman
Santoscoy, Gallaway
9 Resolution No. RES-2010-361 -- Approving an Economic Incentive

Agreement Between the City of Irving and Consolidated Electrical
Distributors, Inc.
3
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3

December 09, 2010

Santoscoy, Gallaway
10 Resolution No. RES-2010-362 -- Approving an Interlocal Agreement Between

the City of Irving and the Dallas County Utility and Reclamation District
(DCURD) for the Desiltation of District Waterways and the Maintenance of

the Levee, Waterway Slopes, and Structures

Santoscoy, Gallaway

the City of Irving and the Irving Flood Control District Section I for
Desiltation and Maintenance Related to District Waterways

Santoscoy, Gallaway
12 Resolution No. RES-2010-364 -- Approving a Discretionary Service

Agreement Between the City of Irving and Oncor Electric Delivery
Company, LLC, for Phase 1 - Part 3 Undergrounding of Existing Aerial
Utilities at Las Colinas Boulevard Between Lake Carolyn Parkway and
Fuller Drive
4
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3

December 09, 2010

Santoscoy, Gallaway

the City of Irving and Dallas County Community College District for
Proposed Improvements to the North Lake College South Campus

Santoscoy, Gallaway
14 Resolution No. RES-2010-366 -- Approving a Revised Joint Use Agreement

Between the City of Irving and the Dallas County Community College
District (DCCCD) to Provide Joint Use of North Lake College Property for
Public Mass Transit Facilities, Including the DART Light Rail Orange Line

Santoscoy, Gallaway
15 Resolution No. RES-2010-367 -- Supporting the Home Mortgage Interest

Deduction and Its Impact to the Irving Housing Market
The following individuals signed up to speak in favor of this item:

Sharon Barbosa-Crain, 2608 Allan- a - Dale, Irving, TX
Motioned by Councilwoman Cannaday, seconded by Councilman Philipp to

approve a resolution supporting the Home Mortgage Interest Deduction and its
impact to the Irving Housing Market.
5
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December 09, 2010

SECONDER: Joe Philipp, Councilman
Santoscoy, Gallaway
16 Resolution No. RES-2010-368 -- Approving a Fee Agreement with Smith,

Jackson, Boyer & Bovard P.L.L.C. to Conduct a Review of the
Entertainment Center’s Expenditures

Kensley Stewart, 3916 Tacoma Ct, Irving, TX
Emmanuel Lewis Jr., 1909 Anderson St, Irving, TX
Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer to

approve a resolution approving a fee agreement with Smith, Jackson, Boyer &
Bovard P.L.L.C. to Conduct a Review of the Entertainment Center’s
Expenditures.

SECONDER: Rick Stopfer, Councilman
Santoscoy, Gallaway
17 Resolution No. RES-2010-341 -- Authorizing the Submittal of a Substantial

Amendment to the 2009-2014 Consolidated Plan to the U.S. Department of
Housing and Urban Development for the Use of Federal Funding in Support
of Public Improvements (Postponed at The November 11, 2010 City Council
Meeting)
Chris Hooper, Director of Housing and Human Services, provided an update to

the amendments made to the Consolidated Plan and conveyed the staff
recommendations as well as Housing and Human Services recommendations for
this project.
The Board originally desired to use this funding for a street lighting project.
6
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December 09, 2010

Phil Smith, 1802 Puritan Drive, Irving, TX
The following individuals signed up to speak in opposition of this item:

Don Van Slyke, 2617 Castle St., Irving, TX
Cynthia Faust, 4000 Colony Ct, Irving, TX
The compromise proposed to this project is to put the project out to bid and see
what comes back to the City as a proposal for how to proceed on this cost, in an
effort to maximize the project and minimize the costs.

Motioned by Councilman Patrick, seconded by Councilwoman Cannaday, to
approve a resolution authorizing the submittal of a Substantial Amendment to the
2009-2014 Consolidated Plan to the U.S. Department of Housing and Urban
Development for the use of Federal funding in support of public improvements
with the understanding that staff is directed to proceed with bidding the project
and include in the specifications an opportunity to provide alternatives and that
this bid will come back to the Housing and Human Service Board and the
Community Services Committee prior to coming back before Council for final
approval.
With the following members voting in opposition: Mayor Gears and Councilman
Gallaway.
RESULT: ADOPTED [7 TO 2]
MOVER: Lewis Patrick, Councilman
SECONDER: Rose Cannaday, Councilwoman
AYES: Meagher, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy
NAYS: Herbert Gears, Mike Gallaway
18 Resolution No. RES-2010-369 -- Authorizing Staff to Negotiate an

Engineering Services Agreement with RJN Group, Inc., for a Sanitary Sewer
Evaluation Survey (SSES)
7
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December 09, 2010

Santoscoy, Gallaway
19 Resolution No. RES-2010-370 -- Canceling the Contract with DMD

Consultants, Inc., for Painting Fire Hydrants

Santoscoy, Gallaway
20 Resolution No. RES-2010-371 -- Renewing the Annual Contract with Waste

Partners of Texas, Inc., dba Jackpot Sanitation Services (formerly Texas
Toilets) for Portable Toilet Rental and Cleaning Services

Santoscoy, Gallaway
21 Resolution No. RES-2010-372 -- Approving and Accepting the Bids of

Crouch Sand & Gravel, Inc., and Lowery Sand & Gravel Co Inc., for Annual
Contracts to Provide Park Grounds Maintenance Materials
8
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December 09, 2010

Santoscoy, Gallaway
22 Resolution No. RES-2010-373 -- Awarding the Contract to Kraftsman

Playground & Park Equipment for the Purchase and Installation of two
Circulating Sprayground Systems through the State of Texas Local

Government Statewide Cooperative Purchasing Program Administered by
the Texas Association of School Boards (the BuyBoard Program)

Santoscoy, Gallaway
23 Resolution No. RES-2010-374 -- Approving the Purchase from Libra-Tech

Corporation for Furnishings for the West Irving Library through the State of
Texas Local Government Statewide Cooperative Purchasing Program
Administered by the Texas Association of School Boards (the BuyBoard
Program)

Santoscoy, Gallaway
24 Resolution No. RES-2010-375 -- Approving the Purchase from Intelligent

Interiors, Inc., for Furnishings for the West Irving Library through the Texas
Multiple Award Schedule (TXMAS) Local Government Statewide
Cooperative Purchasing Program
9
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December 09, 2010

Santoscoy, Gallaway
25 Resolution No. RES-2010-376 -- Approving the Purchase from AGATI, Inc.,

for Furnishings for the West Irving Library through the Texas Multiple
Award Schedule (TXMAS) Local Government Statewide Cooperative

Purchasing Program

Santoscoy, Gallaway
26 Resolution No. RES-2010-377 -- Awarding the Single Source Agreement to

Black Box Network Services for the Purchase of a 3-Year PASS PLUS
Program for the Citywide Telecommunication System

Santoscoy, Gallaway
27 Ordinance No. ORD-2010-9228 -- Amending Chapter 7 “Billboards and

Signs” of the Land Development Code of the City of Irving, Texas;
Providing Penalty, Savings, Severability, and an Effective Date.
10
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December 09, 2010

Santoscoy, Gallaway
28 Ordinance No. ORD-2010-9229 -- Designating a Certain Contiguous

Geographic Area in the City of Irving as "Tax Increment Reinvestment Zone
Number Two, City of Irving, Texas - Irving Boulevard"; Providing the

Effective and Termination Dates for the Zone; Establishing a Tax Increment
Fund for the Zone; and Containing Other Matters Related to the Zone
Mayor Gears opened the public hearing at approximately 8:32 p.m.
The following individuals signed up to speak in opposition of this item:

Don Van Slyke, 2617 Castle St., Irving, TX
Lee Lowrie, 512 S. Jefferson St., Irving, TX
Mayor Gears closed the public hearing at approximately 8:45 p.m.
Motioned by Councilman Santoscoy, seconded by Councilman Gallaway to

approve an Ordinance designating a Certain Contiguous Geographic Area in the
City of Irving as "Tax Increment Reinvestment Zone Number Two, City of Irving,
Texas - Irving Boulevard"; Providing the Effective and Termination Dates for the
Zone; Establishing a Tax Increment Fund for the Zone; and Containing Other
Matters Related to the Zone
Councilman Meagher stepped away from the dias.
MOVER: Roy Santoscoy, Councilman
SECONDER: Mike Gallaway, Councilman
AYES: Gears, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy,
Gallaway
AWAY: Allan Meagher
11
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December 09, 2010
APPOINTMENTS AND REPORTS
29 Resolution No. RES-2010-378 -- Confirming the Appointment of the Friends

of the Library Liaison to the Library Board
Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer to

confirm the appointment of Carroll Bowers as the Library Liaison to the Friends of
the Library Board to a term expiring November 2011.
Motion approved 8-0

SECONDER: Rick Stopfer, Councilman
Gallaway
AWAY: Allan Meagher
30 Resolution No. RES-2010-379 -- Appointments to the Irving Flood Control

District Section III to Fill Two-Year Terms Expiring January 2013
Motioned by Councilwoman Cannaday, seconded by Councilman Patrick to

reappoint the following to the Irving Flood Control District, Section III to terms
expiring January 2013: Kim Andres, Chris Calvery and Doctor Mazhar Islamraja.
SECONDER: Lewis Patrick, Councilman
Gallaway
AWAY: Allan Meagher
12
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December 09, 2010
31 Mayor’s Report
Mayor Gears had no Mayor’s report at tonight’s meeting.
32 Adjournment
The meeting adjourned at approximately 9:03 p.m.
Citizens’ Forum

Don Van Slyke, 2617 Castle St, Irving, TX - Mr. Van Slyke spoke to the Council
regarding the sense of empathy and sensitivity of the staff of Irving to assist those who
are more needy than others. He would like to make sure that Irving staff is treating
those that need their help with the utmost care and concern.
ATTEST:
Shanae Jennings, TRMC

Acting City Secretary
13
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3751

Recommending Department: City Secretary’s Office LSR No: 11727
Resolution -- Approving a Records Control Schedule for Fleet Documents

2. Impact: Creation of a Fleet control schedule, to be approved by the Council,
identifies the retention and disposition of records created and received by the Fleet
Department.
3. This schedule follows the Texas State Library and Archives Commission
requirements for retention with some exceptions where information is maintained
longer than required by law.
Recommendation
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: Ord. 2010-9150 Council Action: Adopted General control
schedule and provided for development of
departmental schedules.
On January 14, 2010, Council adopted an ordinance approving the development of

departmental record control schedules. Individualized schedules better assist departments
with retention compliance and records management. This ordinance has been provided.
This resolution will be the fourth schedule to be approved this year.
ATTACHMENTS:
Fleet Control Schedule 11-2010 (PDF)
CURRENT YEAR FINANCIAL IMPACT:

None
REVISION INFORMATION:
Prepared: 12/22/2010 10:07 AM by April Goff
Last Updated: 12/22/2010 10:18 AM by April Goff
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 3751)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves the attached Records Control Schedule for
the Fleet Department of the City of Irving.
SECTION II. THAT records identified on the attached Records Control Schedule with a retention
period of two years or less may be destroyed pursuant to Section 2-42 of The Code of
Civil and Criminal Ordinances of the City of Irving, Texas, and the Director or
designee of the Fleet Department and the City Attorney will review and authorize
requests for destruction of records with retention periods longer than two years.
SECTION III. THAT this resolution shall take effect after approval of the attached Records Control
Schedule by the Texas State Library and Archives Commission, and it is accordingly
so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on January 13, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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4.a
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Attachment: Fleet Control Schedule 11-2010 (3751 : 02 RM Records Control Schedule Fleet)
4.a
Packet Pg. 45
Attachment: Fleet Control Schedule 11-2010 (3751 : 02 RM Records Control Schedule Fleet)
5
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3767

Recommending Department: City Secretary’s Office LSR No: N/A
Resolution -- Designation of an Interim City Secretary

2. Impact: This action enables the City to continue to provide vital city secretary
functions in the absence of the Acting City Secretary.
Recommendation
Contract Required: No Review Completed By: NA
Previous Action: NA Council Action: NA
.

None
Prepared: 1/3/2011 04:55 PM by Jennifer Phillips
Last Updated: 1/5/2011 03:01 PM by Belinda Rowlett
Packet Pg. 46
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the appointment of Jennifer Dwyer Phillips
as the Interim City Secretary for the City of Irving effective January 13, 2011.
SECTION II. THAT the Interim City Secretary shall serve as the City Secretary for the City of
Irving during the absence of the Acting City Secretary, and have such duties and
responsibilities as directed by the City Council or as provided by the City Charter,
City ordinances, and any applicable law.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3760

Recommending Department: Fire LSR No: 11549
Resolution -- Approving an Interlocal Agreement Between the City of Irving

and Dallas County Community College District-Brookhaven College
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: This opportunity provides internship locations/slots to Brookhaven College
3. The agreement has a one-year term from September 1, 2010 through August 31,
2011 and signed by both parties.
Recommendation
The agreement be approved.
Contract Required: Yes Review Completed By:
Previous Action: Council Action:
.

None
Prepared: 12/28/2010 02:06 PM by Candie Britland
Last Updated: 1/6/2011 01:56 PM by Candie Britland
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6
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached interlocal agreement between
the City of Irving and Dallas County Community College District to provide
internship locations/slots to Brookhaven College School of Emergency Medical
Services, 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
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3730

Recommending Department: Financial Services LSR No: 11735
Resolution -- Approving an Amended Interlocal Agreement Between the

City of Irving Tax Increment Reinvestment Zone Number One, City of
Irving, and the Dallas County Utility Reclamation District Concerning
Desiltation of District Waterways
2. Impact: The amended interlocal agreement between the TIF and DCURD will
provide funding for essential flood control and safety measures within the urban
district.
3. The Council previously approved an interlocal agreement between the TIF and
DCURD on May 13, 2010 to fund waterway dredging, urban center levee risk
analysis, flood control barriers, Lake Carolyn lake wall stabilization, utility relocation,
APT study, and emergency generator for South Lake Carolyn storm water pump.
4. This amendment increases the amount of the interlocal agreement by $387,000.00
to fund waterway dredging within TIF boundaries, urban center levee risk analysis,
Modification of the Lake Carolyn gravity outlet gate, APT study, and the South lake
Carolyn Storm Water Pump Station.
5. The TIF Board unanimously approved the amended agreement at the December
14, 2010 Board Meeting
6. Funding in the amount of $387,000.00 is available in the TIF Fund.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: Res 2010-98 Council Action: Approved
.
ATTACHMENTS:
TIF Letter re 2010-2011 ILA (PDF)
Interlocal Agreement-COI-TIF Desiltation and Infrastructure-submitted 10-11 (2) (PDF)

2050-0305-56401-9006 Budget: $8,341,717 Actual: $387,000
P0175917
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Prepared: 12/15/2010 12:40 PM by Brad Duff

Last Updated: 1/5/2011 04:47 PM by Jennifer Phillips
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CITY OF IRVING
WHEREAS, the Board of Directors of Tax Reinvestment Zone Number One, City of
Irving (hereinafter referred to as “the TIF District”) and the City Council of the City of Irving
pursuant to Resolution No. 2010-98 previously approved an appropriation in the amount of
$1,664,039 for an interlocal agreement with the Dallas County Utility and Reclamation District
(DCURD) for TIF eligible projects, with a current remaining amount of $692,419; and
WHEREAS, DCURD desires to amend the Interlocal Agreement to include $387,000 to

fund various dredging efforts within the TIF District if and when TIF funds are available; and
WHEREAS, the TIF Board of Directors voted to forward this amended reimbursement
agreement to the City Council for approval at their December 14, 2010, Board of Directors
meeting;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached amended Interlocal
Agreement between the City of Irving, the TIF District, and DCURD for
funding in the amount of $387,000 for various dredging efforts within the TIF
District, and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 2050-0305-56401-
9006.
SECTION III. THAT this resolution shall take effect from and after its final date of passage,
and it is accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
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7
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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7.a
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Attachment: TIF Letter re 2010-2011 ILA (3730 : 8 DCURD ILA with TIF)
7.a
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Attachment: TIF Letter re 2010-2011 ILA (3730 : 8 DCURD ILA with TIF)
7.b
STATE OF TEXAS §
COUNTY OF DALLAS §
CITY OF IRVING §
INTERLOCAL AGREEMENT BETWEEN THE CITY OF IRVING TAX INCREMENT
Attachment: Interlocal Agreement-COI-TIF Desiltation and Infrastructure-submitted 10-11 (2) (3730 : 8 DCURD ILA with TIF)
REINVESTMENT ZONE NUMBER ONE, CITY OF IRVING, AND THE
DALLAS COUNTY UTILITY AND RECLAMATION DISTRICT
CONCERNING DESILTATION OF DISTRICT WATERWAYS AND
TIF ADDITIONAL INFRASTRUCTURE AND OTHER PROJECTS
WHEREAS, the City of Irving, Texas, a home rule city, authorized pursuant to the Texas
Constitution, Article 11, Section 5 (hereinafter referred to as "City"); and
WHEREAS, the Tax Increment Reinvestment Zone No. 1, City of Irving, was created by
Ordinance No. 7394, as permitted by Chapter 311 of the Texas Tax Code (hereinafter referred to as the
“TIF”); and
WHEREAS, Dallas County Utility and Reclamation District is a special law District authorized
pursuant to the Texas Constitution, Article 16, Section 59, Article 3, Section 52, and certain special acts
of the Texas Legislature (hereinafter referred to as “District”); and
WHEREAS, the City and the District, both being political subdivisions of the State of Texas, are
authorized to enter into interlocal agreements pursuant to Texas Government Code, Chapter 791; and
WHEREAS, desiltation of District waterways is identified in the TIF Project and Finance Plan
Section 2.4(b) Additional Infrastructure and Other Projects; and
WHEREAS, the maintenance of District waterways which are a part of the regional drainage
system in Irving, Texas, is essential to the development and build-out of that part of Irving, Texas as
shown on Exhibit A; and
WHEREAS, certain public improvements are necessary, required and needed to maintain the
regional drainage system within the area; and
WHEREAS, the Urban Center Levee is identified in the TIF Project and Finance Plan Section
2.4(a) Additional Infrastructure and Other Projects as FC2; and
WHEREAS, the Urban Center Levee must be within permanent easements or ownership areas
granted to District by private property owners requiring surveying, engineering analysis and modifications
to fulfill FEMA regulations; and
levee protection system within the area; and
WHEREAS, North Lake Carolyn Storm Water Pump Station is identified in the TIF Project and
Finance Plan Section 2.4(a) Additional Infrastructure and Other Projects as FC1; and
WHEREAS, a 2002 study funded by TIF, found that under 2002 current and planned conditions,
the North Lake Carolyn Storm Water Pump Station, was not required; and
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7.b
WHEREAS, the South Lake Carolyn Storm Water Pump Station is the only Storm Water Pump
Station for Lake Carolyn and an emergency back-up power generator system should be studied; and
flood control system within the area; and
WHEREAS, rail connection and restoration for APT is identified in the TIF Project and Finance
Plan Section 2.4(b) Additional Infrastructure and Other Projects; and
WHEREAS, certain public improvements are necessary, required and needed to connect and
restore the APT System within the area; and
WHEREAS, the City and the District have worked closely together coordinating various public
projects of both entities; and
WHEREAS, the TIF, the City and the District desire to amend an agreement for these projects to
include an amount not to exceed $387,000.00 for these projects in the Fiscal Year 2010-2011 TIF Budget;
and a balance of funds in the amount of $692,419 remains in the Fiscal Year 2009-2010 TIF Budget
approved for projects by Council Resolution No. 2010-98; and
NOW, THEREFORE, the parties to this Agreement, the TIF, the City and the District, do enter
into this Interlocal Cooperation Agreement concerning the desiltation of District waterways and TIF
Additional Infrastructure and Other Projects pursuant to Texas Government Code Chapter 791,
(hereinafter referred to as the Agreement) for and in consideration of good and valuable consideration, the
receipt of which is hereby acknowledged and for the mutual promises and mutual benefits that flow to
each party, do hereby contract, covenant, warrant and agree as follows:
Section 1. That all matters stated herein above are found to be true and correct and are incorporated
into the body of this Agreement as if copied in their entirety.
Section 2. The Interlocal Cooperation Agreement for fiscal year 2009-2010 approved by Resolution
No. 2010-98 shall remain in full force and effect, save as amended herein.
Section 3. The District’s responsibilities are:
A. The District shall undertake District projects using District equipment, personnel and
contractors.
B. Ownership and maintenance responsibility for the projects shall be the District's.
C. The District’s approved Fiscal Year 2010-2011 Budget provides for projects in the
following areas (see attached Exhibit A):
i. Dredging: Estimated TIF Funding - $387,000.
• Hackberry Creek Segment I – November 2010 thru March 2011
• Beaver Creek Segments II, III and IV – April 2011 thru September 2011
• Disposal Basin Maintenance – Various Locations – October 2010 thru
September 2011
ii. Urban Center Levee surveying, engineering and modifications to fulfill and
implement FEMA requirements. Estimated TIF Funding - $150,000 – October
2010 thru September 2011.
2
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7.b
iii. Modify Lake Carolyn gravity outlet gate to raise normal operating water surface
level from 418.00 to 419.00. Estimated TIF funding - $40,000 – October 2010 thru
March 2011.
iv. APT System Alternatives Analysis and Environmental Impact Statement Studies,
System planning, connection to DART LRT and System restoration. Estimated
TIF Funding - $498,419 – October 2010 – September 2011.
v. Study for emergency back-up power generator system for South Lake Carolyn
Storm Water Pump Station. Estimated TIF Funding - $4,000 – October 2010 –
March 2011.
All dredging areas are subject to permitting by the U. S. Army Corps of Engineers,
regulatory issues of the Texas Commission on Environmental Quality and temporary
easements from impacted property owners.
The approved District Fiscal Year 2010-2011 Budget includes expenditures for:
Various Associated Payroll Expenses

Engineering and Permitting
Management
Contracted Services
Fuels and Lubricants
Repair and Maintenance Materials
Employee Uniforms
Lease/Purchase Payments for Dredging Activity Equipment
Vehicle and Equipment Usage Charge
Purchase of Discharge Pipe, Flanges and Clamps
The District will provide to the City a verification survey of each area dredged during the
2010-2011 fiscal year. The verification survey will be done at 50 feet intervals and will be
performed both before and after dredging of each area. The data from the verification
survey will be used to calculate the volume of material removed from each area by
dredging.
The District shall submit invoices for reimbursement of expenses relating to any project,
maintenance, repair or improvement made pursuant to Section III within two years of the
date of this agreement. A request for reimbursement submitted after this two-year period
shall not be eligible for reimbursement under this Agreement.
D. The City shall not be liable or responsible for, and shall be saved and held harmless by the
District, to the extent authorized by law, from and against any and all suits, actions, losses,
damages, claims, or liability of any character, type, or description, including all expenses
of litigation, court costs, and attorney’s fees for injury or death to any person, or injury to
any property, received or sustained by any person or persons or property arising out of, or
occasioned by, directly or indirectly, the performance of the District under this Interlocal
Cooperation Agreement to the proportionate extent caused by any negligent act, error or
omission of the District or any person employed by the District. The provisions of this
indemnification are solely for the benefit of the parties hereto and not intended to create or
3
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7.b
grant any rights, contractual or otherwise, to any other person or entity. The District
further agrees to defend, at its own expense, and on behalf of City and in the name of City,
any claim or litigation brought in connection with any such injury, death or damage.
Section 4. The City’s responsibilities are:
A. The City, through its TIF District revenues, when and if such funds become available
agrees to reimburse the District for such costs actually incurred during Fiscal Year 2010-
2011 for the projects described herein. The reimbursement for Fiscal Year 2010-2011 will
not exceed the $387,000.00 in the Fiscal Year 2010-2011 TIF Budget and an amount not to
exceed $692,419 from funds encumbered from Fiscal Year 2009-2010 for a cumulative
amount not to exceed $1,079,419.00.
B. The City, through its TIF District revenues, when and if such funds become available shall
be responsible for payment to the District within thirty (30) calendar days after receipt of
invoice.
Section 5. General Requirements.
A. All changes to project scope shall be approved in writing by the City, TIF District and the
District.
B. The City’s representative for all design approvals shall be the Public Works &
Transportation Director, or his designee.
C. Breach and Enforcement. The sole legal remedy of the parties to this Agreement is to
enforce the Agreement by specific performance and mandamus in the State District Courts
of Dallas County, Texas.
D. This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations created by this Agreement are performable in Dallas County,
Texas.
E. This Agreement represents the entire Agreement between the parties hereto with respect to
the subject matter hereof, and supersedes all prior understandings or written or oral
agreements between the parties with respect to the subject matter of this Agreement.
F. Each person signing this Agreement hereby confirms that any requisite approvals from the
governing bodies of such signatory have been obtained, and all prerequisites to the
execution, delivery and performance hereof have been obtained by or on behalf of that
party.
G. In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
H. It is expressly understood and agreed that, in the execution of this Agreement, no party
waives, nor shall be deemed hereby to have waived any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers
and functions. By entering into this Agreement, the parties do not create any obligations,
4
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7.b
express or implied, other than those set forth herein, and this Agreement shall not create
any rights in parties not signatories hereto.
I. Each party paying for the performance of governmental functions or services must make
those payments from current revenues.
Section 6. This Agreement may be amended or terminated by written consent of the parties.
Section 7. Nothing contained herein shall create a contractual relationship with, or any rights in favor
of, any part not signatory to the Agreement.
Section 8. Effective Date.
This Interlocal Agreement shall take effect when executed by all parties.
EXECUTED this _________ day of ______________________, 20___.
CITY OF IRVING DALLAS COUNTY UTILITY AND

RECLAMATION DISTRICT:
__________________________________ ______________________________
Herbert A. Gears Jacky L. Knox
Mayor General Manager
ATTESTED: ATTESTED:
__________________________________ ______________________________
Shanae Jennings Kenneth R. Heffley
Acting City Secretary Assistant Secretary
TAX INCREMENT FINANCE DISTRICT
__________________________________
Robert N. Stewart, Chairman
APPROVED AS TO FORM: APPROVED AS TO FORM:
__________________________________ ______________________________
Charles Anderson John F. Boyle, Jr.
City Attorney General Counsel
5
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3731

Resolution -- Approving an Amended Economic Incentive Agreement

Between the City of Irving and Michaels Stores, Inc.
2. Impact: Approval of this amended agreement changes the date the lease must be
signed to June 30, 2011. Due to delays in the lease process, Michaels will not be
able to meet the original lease date of December 31, 2010. The Michael’s retail
store will be located in the MacArthur Park shopping center at 635 and MacArthur.
All other requirements for Michaels remain unchanged.
3. The retail operation will occupy approximately 24,000 square feet and is estimated
to generate $3.2 million in annual taxable sales which will result in estimated City
sales tax of $32,000.
4. The incentive requires Michaels Stores, Inc., to sign at least a 5-year lease by June
30, 2011, occupy at least 24,000 square feet, and generate at least $2 million in
annual taxable sales to qualify for the grant.
5. The agreement provides five annual grants calculated as a percentage of sales tax
received by the City: year 1 (60%), year 2 (50%), year 3 (50%), year 4 (40%) and
year 5 (30%). The estimated net benefit to Michael’s is $76,600 over 5 years and
$86,400 to the City.
6. The agreement terminates the earlier of December 31, 2018 or the date the Grant
payment for year 5 is made.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES 2010-317 Council Action: Approved
.
ATTACHMENTS:
Michaels Stores 380 First Amendment 12_16_10 kb (PDF)

N/A
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8
Prepared: 12/15/2010 01:41 PM by Brad Duff

Last Updated: 12/29/2010 05:41 PM by Brad Duff
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8
CITY OF IRVING
WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code, the City Council
has adopted a program for granting public funds to promote local economic development, and stimulate
business and commercial activity in the City of Irving; and
WHEREAS, pursuant to said policy and Chapter 380 of the Texas Local Government Code, the
City Council finds the amended economic development incentive offered in the attached agreement will
promote economic development and stimulate business and commercial activity in the City of Irving;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached First Amended Economic
Incentive Agreement between the City of Irving and Michaels Stores, Inc., and the
Mayor is authorized to execute said agreement.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 63
8.a
FIRST AMENDED ECONOMIC INCENTIVE AGREEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
Attachment: Michaels Stores 380 First Amendment 12_16_10 kb (3731 : 8 Eco. Incentive Agmt. with Michaels)
CITY OF IRVING §
This First Amended Economic Incentive Agreement (Agreement) is entered into on the
13th day of January, 2011, by and between the City of Irving, Texas (CITY), a home rule
city and municipal corporation of Dallas County, Texas, and MICHAELS STORES, INC.
(“MICHAELS”), acting by and through its authorized officers, for the purposes and
considerations stated below:
WHEREAS, the CITY and MICHAELS entered into an Economic Incentive Agreement
(ORIGINAL AGREEMENT) on the 21st day of October, 2010; and
WHEREAS, the ORIGINAL AGREEMENT required MICHAELS to enter into at least a

five (5) year lease at their retail store located at 7635 North MacArthur Blvd. no later
than December 31, 2010; and
WHEREAS, due to delays in lease negotiations, MICHAELS desires to amend the

ORIGINAL AGREEMENT and secure the executed lease no later than June 30, 2011;
and
WHEREAS, the CITY has adopted a Comprehensive Policy Statement on Local

Economic Development and Business Stimulation Incentives (Policy Statement), by the
passage of Ordinance No. 9137 on the 3rd day of December, 2009; and
WHEREAS, the Policy Statement constitutes appropriate guidelines and criteria

governing economic incentive agreements to be entered into by the CITY as
contemplated by Chapter 380, Texas Local Government Code; and
WHEREAS, the CITY desires to enter into an Agreement with MICHAELS for economic
incentives pursuant to Chapter 380 of the Texas Local Government Code, as amended;
and
WHEREAS, the contemplated use of the Premises, and the other terms hereof are
consistent with encouraging development and diversification of the economy of the
state, retention of employees by this major corporate citizen and are in compliance with
the Policy Statement and similar guidelines and criteria adopted by the CITY and all
applicable law; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic
and employment base of the City of Irving, the City Council finds that it is in the best
interest of the taxpayers for the CITY to enter into this Agreement;
MICHAELS STORES, INC. Page 1

Chapter 380 Incentive Agreement – First Amendment
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8.a
NOW, THEREFORE, the CITY and MICHAELS for and in consideration of the mutual
covenants and promises contained herein, do hereby contract, covenant and agree as
follows:
I.
INCENTIVE
A. MICHAELS’ Obligations. In consideration of the City entering into this

Agreement providing for the payment of funds constituting a grant, MICHAELS
agrees to:
1. Provide proof of entering into at least a five (5) year lease of not less than
24,000 square feet of space located at 7635 North MacArthur Blvd., Irving,
Texas (the Premises) no later than June 30, 2011.
2. Beginning in 2012, continuously occupy not less than 24,000 square feet of
space at the Premises throughout the term of this Agreement.
3. Beginning in 2012, a minimum of $2,000,000 taxable sales at the Premises
per calendar year.
4. Beginning in 2013, provide to the City no later than January 31 each year of
the term of this Agreement verification of
a. continued occupancy of not less than 24,000 square feet of space of
the Premises; and
b. a minimum of $2,000,000 taxable sales at the Premises during the
prior calendar year.
5. Render the business personal property to the Dallas Central Appraisal District
and remain current on all taxes of property owned by Michael’s in the City of
Irving for the term of this Agreement.
6. Use the words “Irving, Texas” or “Irving, TX” when printing an address on
literature, all stationery, business cards, or other printed or electronic materials
which identify the Premises.
7. Covenant and certify that MICHAELS does not and will not knowingly employ
an undocumented worker as that term is defined by Section 2264.01(4) of the
Texas Government Code. In accordance with Section 2264.052 of the Texas
Government Code, if MICHAELS is convicted of a violation under 8 U.S.D.
Section 1324a(f), MICHAELS shall repay to the City the full amount of the
Grant made under this Agreement, plus ten percent (10%) per annum from
the date the Grant was made. Repayment shall be paid within one hundred
twenty (120) days after the date MICHAELS receives notice of violation from
the City.
8. Remit to the City a sum equal to the Grant made under this Agreement, plus
interest at ten percent (10%) per annum from the date Grant was made,

Packet Pg. 65
8.a
should MICHAELS breach this Agreement or fail to comply with any material
term of this Agreement, following thirty (30) days written notice from City to
come into compliance.
B. City Grant. Upon compliance with all terms and provisions of this Agreement,
City shall provide MICHAELS from lawfully available funds a Grant in five annual
payments, in the amount calculated by multiplying the sales tax revenue
generated at the Premises and paid to the City of Irving, by the following:
Year Grant
1 (2012) 60%
2 50%
3 50%
4 40%
5 30%
Should the annual taxable sales at the Premises fall below $2,000,000, there
shall be no Grant allowed that year or any future year until the annual taxable
sales at the Premises equals or exceeds $2,000,000.
“Sales tax revenue” means the City’s share received from the Office of the Texas
Comptroller for Public Accounts of the 1% municipal sales tax, that is presently in
effect pursuant to Texas Tax Code Sections 321.101(a) and 321.103, resulting
from (i) sales tax remitted by MICHAELS to the Texas Comptroller, (ii) sales/use
tax remitted directly by MICHAELS under its sales tax permit, or which
MICHAELS is able to document results in sales/use tax revenue to the City, and
(iii) sales/use taxes assessed from an audit by the Texas Comptroller.
Each year in which a Grant is due, the CITY shall calculate the Grant amount
and make the payment to MICHAELS’, via check or other acceptable means, no
later than March 31 of the applicable year. In the event of error by the Office of
the Texas Comptroller for Public Accounts in computing “sales tax revenue”, a
reconciliation payment shall be made by the appropriate party to the other, as
applicable, within forty five (45) days of receipt of notice of such error from the
Texas Comptroller.
II.
TERM
This Agreement shall become effective January 13, 2011 and remain in effect until the
earlier of (i) December 31, 2018, or (ii) the date that the Grant payment for Year 5 is
made. The earliest the CITY could be obligated to pay MICHAELS shall be March 31,
2013, if the requirements of Section I are satisfied in calendar year 2012. Should

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8.a
MICHAELS fail to submit the required statement, or not meet the minimums in 2012,
MICHAELS shall not be prevented from seeking the incentive in future years.
III.
RECORDS AND AUDITS
A. Throughout the term of this Agreement, the CITY or its agents shall have
reasonable access to the Premises by CITY employees (upon prior reasonable
notice to MICHAELS) for the purpose of verifying MICHAELS’ employee records in
accordance with the specifications and conditions of this agreement; provided that
MICHAELS shall have the right to accompany CITY employees for any such
verification and keeping in mind the privacy and security interest of MICHAELS and
its employees.
B. The Premises at all times shall be used in a manner that is consistent with City of
Irving zoning ordinances applicable to the Premises.
IV.
BREACH
A. CITY may modify this Agreement if MICHAELS fails to comply with the terms of
this Agreement, provided that any such modification will have prospective
application only and MICHAELS may terminate this Agreement on notice to the
CITY, if any such modifications are not mutually acceptable.
B. If MICHAELS fails to comply with the terms of this Agreement, or in the event that
(i) the operation is moved from the CITY or (ii) MICHAELS allows its ad valorem
taxes with respect to real or personal property on the Premises owed the CITY to
become delinquent and fails to timely and properly follow the legal procedures for
protest and/or contest of any such ad valorem personal property taxes, or (iii)
MICHAELS breaches any of the material terms or conditions of this Agreement,
then MICHAELS shall be in default of this Agreement. In the event that
MICHAELS defaults in its performance of (i), (ii) or (iii) above, the CITY shall give
MICHAELS written notice of such default and if MICHAELS has not cured such
default within thirty (30) days of said written notice, or, if such default cannot be
cured by the payment of money or posting of a bond or other collateral reasonably
acceptable to the CITY, and cannot with due diligence be cured within such thirty
(30) day period owing to causes beyond the control of MICHAELS, this Agreement
may be terminated by the CITY. Provided, however, that if such default is not
reasonably susceptible of cure within such thirty (30) day period and MICHAELS
has commenced and is pursuing the cure of same, then after first advising the City

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8.a
Council of MICHAELS’ efforts to cure same, MICHAELS may utilize an additional

thirty (30) days. Time, in addition to the foregoing sixty (60) days may be
authorized by the City Council. During the term of this Agreement, as CITY’s sole
and exclusive remedy for any material breach by MICHAELS under this
Agreement, in the event of default after the expiration of the applicable notice and
cure periods, MICHAELS shall repay the City as liquidated damages all
previous payments made by the CITY to MICHAELS pursuant to this Agreement
and10% interest per annum from the date of such payment. Such amount shall be
due, owing, and paid to the CITY by MICHAELS within sixty (60) days of the
expiration of the above-mentioned applicable curing period. The parties
acknowledge that actual damages in the event of default and termination would be
speculative and difficult to determine. If during the term no grant payment has
been made to MICHAELS, as CITY’s sole and exclusive remedy for any material
breach under this Agreement, after the expiration of the applicable notice and cure
periods, the CITY may cancel the Agreement and no payments shall be due to
MICHAELS.
V.
EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY
This Agreement and the economic incentives are not assignable by MICHAELS to any
entity other than an affiliated company or successor without approval of the City
Council. In the event of assignment to an affiliated company or successor, MICHAELS
must confirm such assignment in writing to the CITY, and the successor must confirm
its intent to be bound by this Agreement and to assume all responsibilities hereunder of
MICHAELS within 90 days of such assignment, or before the beginning of the next tax
year, whichever comes first. In the event of failure to confirm assignment to an affiliate
or successor hereunder, the successor may seek approval from the City Council for the
assignment.
VI.
NOTICE
All notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designates in writing, by certified mail,
postage prepaid or by hand delivery:
MICHAELS STORES, INC.

1221 S. Beltline Rd., Ste. 500
Coppell, TX 75063
Attn: Lance Weibye, Vice President of Real Estate
CITY OF IRVING, TEXAS

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8.a
825 W. Irving Boulevard

Irving, Texas 75060
Attention: City Secretary
VII.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by resolution of the City Council that was approved by
the affirmative vote of a majority of the City Council at its regularly scheduled City
Council meeting on the 13th day of January, 2011, authorizing the Mayor to execute this
Agreement on behalf of the CITY.
VIII.
BOARD OF DIRECTORS AUTHORIZATION
This Agreement was entered into by an authorized representative of MICHAELS

pursuant to authority granted by its respective Board of Directors through formal
delegations.
IX.
SEVERABILITY
In the event any section, subsection, paragraph, sentence, phrase or word is held
invalid, illegal, or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
X.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas. Venue for any
action under this Agreement shall be the State District Court of Dallas County, Texas.
This Agreement is performable in Dallas County, Texas.
XI.
ENTIRE AGREEMENT
This Agreement constitutes the entire economic incentive agreement between the
parties, supersedes any prior understanding or written or oral agreements or
representations between the parties, including the ORIGINAL AGREEMENT, and can
be modified only by written instrument subscribed to by both parties. Notwithstanding
the foregoing provision, this Agreement does not modify, alter, or amend any other

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8.a
agreement or instrument between CITY and MICHAELS relating to matters other than
the economic incentives with respect to MICHAELS’ full-time employees residing in the
City of Irving. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
By: ____________________________
Attest:
__________________________
Shanae Jennings
Approved as to form:
__________________________
Charles R. Anderson
City Attorney
MICHAELS STORES, INC.
By: _______________________
Name: _____________________
Title: _______________________

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8.a
CORPORATE ACKNOWLEDGEMENT
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared __________________________,
___________________________ of MICHAELS STORES, INC. , known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me he/she
executed the same as a duly authorized officer of such corporation, and as the act and deed of such
corporation, for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of

_______________, A.D., 2011.
_________________________________________
Notary Public
_________________________________________
(Typed/Printed Name of Notary)
My Commission Expires:
____________________

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9
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3729

Resolution -- Approving a Settlement of Claim Between the City of Irving

and Clyde and Barbara Dumas
2. Impact: The City will receive payment of the full paving assessment balance due in
the amount of $4,696.00.
3. Paving Assessment Ordinance No. 5308 adopted on April 24, 1987 for
improvement to Belt Line Road, included the parcel located at 580 Belt Line Road.
4. Owners made timely payments until Texas Department of Transportation purchased
a portion of the property in the 1990’s. The property owners have stated that they
attempted to pay the balanced at that time, but were informed that there was no
record of the lien balance. Because any records or conversations would have
occurred nearly 20 years ago, we are unable to verify the owner’s statement.
5. Owners recently learned of the lien and approached the City with an offer to settle
this claim. They have indicated they moved approximately 12 years ago from the
address the City has on file for them. It does not appear that the City received a
new contact address.
6. This resolution waives payment of accrued interest in the amount of $5,560.17.
Recommendation
Contract Required: Yes Review Completed By: Carrie Morris
Previous Action: Ordinance No. 5308 Council Action: Ordinance adopted
.
ATTACHMENTS:
Lien Release 580 Belt Line Road (PDF)

None
Prepared: 12/14/2010 04:13 PM by Winnie Hunter
Last Updated: 1/6/2011 08:14 AM by Anita Gomez
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CITY OF IRVING

SECTION I. THAT the City Council hereby accepts the offer of settlement in the amount of
$4,696.00, and release of paving lien affecting 580 Belt Line Road, paving
assessment, and the Mayor is authorized to execute said release.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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9.a
City of Irving
825 West Irving Boulevard
P.O. Box 152288
Irving, Texas 75015-2288
STATE OF TEXAS §
COUNTY OF DALLAS §
CITY OF IRVING §
Attachment: Lien Release 580 Belt Line Road (3729 : 8FS COI Paving Lien W/Clyde and Barbara Dumas)
RELEASE OF PAVING ASSESSMENT LIEN
WHEREAS, on the 24th day of April, 1987, the City of Irving, Dallas County, Texas, filed
paving assessments recorded in Volume 87079, Page 3657, of DEEDS OF TRUST RECORDS of Dallas
County, Texas, on the following described property, situated, lying, and being in the City of Irving,
Dallas County, Texas, to-wit:
Regional Subdivision, 0.6299 acres, commonly known as 580 Beltline Road in the City of Irving, Dallas
County, Texas.
NOW, THEREFORE:
The City of Irving, Dallas County, Texas, in consideration of these premises and payment of
$4,696.00, receipt and sufficiency of which is hereby acknowledged, has this day, by these presents,
release, discharge and quitclaim the owner, heirs, and assigns all the right, title, interest and estate in and
to the property above described, which it has or may be entitled to by virtue of said assessment, and does
declare the same to be fully released and discharged from any and all liens created by virtue of said
assessment.
EXECUTED this _______ day of January, 2011
ATTEST: CITY OF IRVING, TEXAS
___________________________ ___________________________
Shanae Jennings, Acting City Secretary Herbert A. Gears, Mayor
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public, in and for the State of Texas, on this day
personally appeared Herbert A. Gears, known to me to be the Mayor of the City of Irving, Texas, and the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _______ day of January, 2011
Notary Public in and for the State of Texas

My commission expires:
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10
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3750

Recommending Department: Performance Team LSR No: 11828
Resolution -- Approving an Agreement Between the City of Irving and the

Bartlett Alliance, Inc.
2. Impact: This contract compliments the existing Irving University training program
by providing focus on training aligned with the organization’s philosophy and
culture. Class topics were identified by the city’s internal training committee.
3. Approximately 1,500 participants will receive classroom training and additional
employees will benefit from online training and curriculum developed through this
contract. Over the past two years, the city has developed a high quality training
program that is strategically aligned and targets training needs. Through this
process, the training cost per participant has been reduced by approximately 55%.
4. Funding in the amount not to exceed $90,000.00 for the period January 1, 2011, to
September 30, 2011, and in an amount not to exceed $30,000 for the period
October 1, 2011, to December 31, 2011, is available in the General Fund subject to
funds being appropriated in Fiscal Year 2011-12.
Recommendation
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: Approval Council Action: Approval
A
Distribute to: The Bartlett Alliance, Inc. attention: Nancy Bartlett and Lynda Johnson,
Performance Team Director.
ATTACHMENTS:
2011 Bartlett Alliance Scope of Services 1-4-11 (1) (DOCX)
2011_Exhibit A (DOCX)
2011_Exhibit B (DOCX)
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10

Budget: $90,000.00 Actual: $90,000.00
Budget Adjustment/Transfer Required: Yes\No (If yes, please explain.)
Prepared: 12/21/2010 04:08 PM by Shareen Altum
Last Updated: 1/7/2011 11:11 AM by Lynda Johnson
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10
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and The Bartlett Alliance, Inc. for training in the amount of $90,000.00 for the
period of January 1, 2011, through September 30, 2011, and in the amount of
$30,000.00 for the period of October 1, 2011, through December 31, 2011, subject to
funds being appropriated in Fiscal Year 2011-12, and the Mayor is authorized to
execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 1001-1205-56401-100.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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10.a
Agreement for
CONSULTING AND TRAINING INITIATIVES
between City of Irving and
The Bartlett Alliance, Inc.
(January 14, 2011 to December 31, 2011)
Attachment: 2011 Bartlett Alliance Scope of Services 1-4-11 (1) (3750 : 12 Approving Training Agreement)
Client: City of Irving, Texas
825 W. Irving Blvd.
Irving, Texas 75060
Primary Contact: Lynda Johnson, Chief Performance Officer

Phone: 972-721-2709
Email: ljohnson@cityofirving.org
Deliverables:
1) Employee Training and Development:
The City of Irving (Client) established as its goal for a minimum of 1,500 participants to receive
classroom training by the The Bartlett Alliance, Inc./Nancy Powell Bartlett (Consultant) on the
topics selected by the city’s internal training committee. Additional employees will benefit from
online training and curriculum development created by the Consultant. Client is responsible for
employee registration and attendance in all services related to this contract. Topics selected for
2011 include:
Classroom Training
• Own It!: Individual, team and organizational accountability are critical for executing
plans and reaching desired results. An effective accountability culture creates a positive
workforce environment when one standard is applied to all team members.
• A Case Study in Leadership and Change: A case study provides an intensive review
of effective and ineffective team leadership styles and results. It provides a focus on
how leaders lead, how their leadership styles directly impact those whom they are
leading, and offers leaders an opportunity to examine their own styles and enhance their
effectiveness with their direct reports. The movie Twelve O’clock High is used for the
case study.
• Leading High Performing Teams: Geared for leaders of teams who desire to enhance
their effectiveness, this workshop differentiates work groups from teams, identifies key
components of effective team leadership and presents a team project for participants to
apply the course content.
• People Matter: People are an organization’s greatest resource. Technology and tools
matter, but people matter more. This workshop provides an opportunity for team
members to enhance their skills and understanding of how each person adds value to
the team and organization in order to achieve even greater professional and personal
results.
• Situational Leadership: Presents a process that enables leaders to better identify and
match their leadership response/style to each of their followers in any given situation or
task assignment, resulting in more effective results.
• The 7 Habits of Highly Effective People: A time-proven results oriented workshop
available to all employees seeking to enhance their professional and personal
effectiveness.
Page 1
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10.a
Curriculum Development / Train-the-Trainer / Online (Learning Management System)

The Consultant will provide training to selected internal staff to become trainers within the
organization on one or more of the topics below. Consultant will also provide follow-up
feedback and coaching to selected staff when they deliver the topics as trainers for the first
time.
• Customer Service
• Various Employment Topics
• Basic Supervision
Consultant and internal staff will mutually determine the specifics of the topics noted above, and
Consultant will deliver one or more of those workshops to additional (non-trainer) staff, if
scheduled. Consultant will also work with internal staff to create short five to 15 minute on-line
training modules or tips for enhanced performance. All topics will be agreed upon by the parties
at least 60 days in advance of requested delivery.
Team Development Sessions

Offered to a variety of in-tact teams (departmental, goal, cross-functional, work units, etc.) and
may be customized based a particular team’s focus. Session length will be determined based
upon identified team goals/needs. Services will be agreed upon by the parties at least 60 days
in advance of service delivery.
Curriculum
The Consultant shall meet with Client, at a minimum, on a quarterly basis as scheduled by the
Client, to ascertain if adjustments need to be made to the class schedule. In order to provide
flexibility to the Client, the workshop schedule (Exhibit A) may be altered if there is a need to
increase/decrease a specific class topic. Changes shall be agreed upon by both parties and
those changes will be substituted for other contract days on a day-for-day basis. Additional
class topics may be selected from Exhibit B or new topics may be identified to fulfill a training
need as determined by the internal training committee.
For each class curriculum Consultant will provide the following:

• Curriculum outlines and class objectives 15-30 days in advance of each class for review
by the internal training committee.
• Resource package of training materials for each class and related tools for participants
including a quick tip sheet for each class highlighting key learning points.
2) City Manager Initiatives:

An optional opportunity in this contract allows the Consultant to offer agility and flexibility in
consultation with the City Manager to address his initiatives such as assessing performance of
senior leaders; facilitating employee developmental initiatives produced from the annual director
feedback process; facilitating team/individual focused initiatives/community meetings/planning
sessions; and, consulting/coaching on other priorities as may be established by the City
Manager.
Contract Performance Measures:

Consultant’s performance will be measured as follows:
• Training participant evaluations will be used to rate: the trainer, usefulness of training
materials, application of training to workplace and other items.
Letter of Agreement 2
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10.a
• Evaluations by internal training committee members

• Percentage of classes conducted on scheduled dates (exclusive of those
rescheduled/canceled at Client’s request).
• Percent of classes adhering to published timeframe (ie: 9:00am – 11:00am) (exclusive of
those rescheduled/canceled at Client’s request).
• Compliance with terms of contract.
Process:
Utilize either ½ day or one-day format for each on-site day to provide consultation, coaching,
facilitation and training services as noted in this contract. To ensure maximum flexibility for the
Client, specific days in this contract can be redirected to other projects, as needed, on a day-for-
day basis.
Training Space, AV Equipment and Supplies:

Client is responsible for:
• All audiovisual needs for sessions held at the City of Irving to include LCD projector,
VCR, screen/speakers, cordless microphone and related technical equipment for
training. Trainer will provide personal laptop and remote.
• Reserving Irving University training space or comparable training space for classroom
scale events; other venues for large scale events
• Room set-up per Consultant for class set-up/design; chairs/tables; materials table for
Consultant; podium; microphone with one week’s notice by Consultant
• Instruct Consultant on use of technology and equipment in each training location
• Accurate class roster/sign-in sheets
• Markers, flipchart pads/stands, masking tape
• Participant name tents, pencils and training materials (i.e. materials for Situational
Leadership, 7 Habits) purchased by the city.
• Workshop evaluation forms which will be distributed and collected by Consultant. Client
will tabulate results and provide to Consultant within four business days of each
workshop.
• Coffee/beverage prepared for beginning of classes conducted in Irving University.
Food/snack items for designated classes as agreed upon with Client.
• Training handouts as appropriate for each class. Consultant shall provide finished
materials ready for photocopying 5 working days in advance of actual class if they are to
be distributed by the city. Environmental and cost considerations will be considered with
all reproduction requests from Consultant.
Training Videos: Notwithstanding later provisions in this contract under RECORDING

DEVICES, Consultant agrees to allow ICTN to record training classes, including editing of video
product, performed on Client’s behalf. Recorded sessions will include those training sessions
developed for the Client. ICTN can develop/produce short videos such as
overviews/introductions to workshop content and follow-up concepts to reinforce training on
topics. Consultant may review such videos to verify learning objectives. Script and taping
parameters will be established and agreed in writing in advance of taping by Consultant and
Client. Editing of final product is at the discretion of the Client. The Client will own the rights to
exhibit these recordings to the Client’s officers and employees but not to others. Client shall
provide one copy of all such videos/tapings in accordance with the provisions specified in
RECORDING DEVICES.
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10.a
Investment/Fee:
Total contract amount based on 28.5 on-site days of consultation and service delivery ensuring
successful deployment of employee training and development, executive/employee coaching
and feedback, meeting facilitation and project management to further the organization’s vision,
mission, and values and exceptional service focus.
Consultant will meet with Client during on-site training days to further refine and develop
additional service requests by the Client. Client’s total investment: $10,000 a month for a 12-
month initiative.
Payment:
A deposit of $10,000 is required on January 17, 2011, and the balance is due in equal
installments on the first of the next eleven months, February 2011 – December 2011. All out of
pocket expenses must be pre-approved by Client and will be billed directly to Client.
All payments should be made in the form of a direct deposit to Consultant in U.S. dollars made
payable to:
The Bartlett Alliance, Inc.

305 Crepe Myrtle Lane
Murphy, Texas 75094
Tax ID: 27-1404702
Cancellation:
Because the confirmation of a scheduled date removes the Consultant from the marketplace
once session date(s) are agreed upon, the following cancellation applies. If cancellation notice
of less than 30 days of a scheduled date is received from the Client, one-half of that day will be
taken against the balance of days due under the initiative. If the Consultant cancels (except for
illness or emergency), or does not provide services, an equivalent amount of the Consultant’s
time will be added to the days due under the initiative.
Force Majeure:
Notwithstanding any other provision of this Agreement, in the event that the performance of any
obligation under this Agreement by a Party is prevented due to acts of Nature, exchange
controls, export or import controls, or any other government restriction, wars, hostilities,
blockades, civil disturbances, revolutions, strikes, terrorist attacks, lockouts, or any other cause
beyond the reasonable control of a Party, such Party shall not be responsible to the other Party
for failure or delay in performance of its obligations under this Agreement. Each Party shall
promptly notify the other Party of such force majeure condition. The terms of this Clause shall
not exempt but merely suspend a Party from its duty to perform the obligations under this
Agreement until as soon as practicable after a force majeure condition ceases to exist.
Recording Devices:
Videotaping of the sessions provided by Nancy Powell Bartlett will be permitted for archival
purposes, for the purpose of quality assurance, and for the purposes of training city officers and
employees. Consultant will receive one copy of the tape/recording within 45 days after the
session. Videotaping of others’ copyrighted materials, which Consultant has permission to use,
may only be videotaped with the written permission of the owner of the copyright. Under NO
circumstances may videos be sold or shown to audiences other than city officers or employees
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10.a
without express written permission of Nancy Powell Bartlett, and these recordings will not be
accessible to the general public and are considered Confidential, Proprietary Information to the
extent allowed by law. This information is also the work product of Nancy Powell Bartlett and is
therefore property of Nancy Powell Bartlett. As such, any and all knowledge as a part of this
consultation shall be kept confidential to the extent allowed by law and shall not be used,
published, or divulged by Consultant to any other person, firm or corporation, or in any
advertising or promotion regarding the Consultant in any manner whatsoever without first
obtaining prior written permission of the Client, unless required by law such as the Texas Public
Information Act. Within the parameters specified above, Consultant grants the City of Irving first
right of copies of recorded material and paper documents related to services provided, as
specified in this contract. Copies of the videos produced by ICTN may not be sold by the
Consultant.
Work Product:
Consultant shall own exclusive property rights for all of the results and proceeds of her services
as a result of her preparation and performance of training, speaking or consulting for this
engagement. This right applies in whatever stage of completion, all of which will be considered
a work for hire, including but not limited to, all written work, research, outlines, computer
programs, specifications, ideas, scripts, designs, concepts, reports, documentation and any
other tangible or intangible work product. Consultant shall own these rights for her work
products into perpetuity throughout the universe including, without limitations, the rights to
produce, manufacture, record, reproduce, distribute, transfer, or prepare derivative works from
her Work Product by any art, medium, or method and all copyrights, trademarks and or patents
in the Work Product.
Use of the City of Irving’s Videos:

The Client gives permission to the Consultant to utilize videos made by the City of Irving that
promote its successes, in venues external to the City and for presentations to Consultant’s other
clients. Use of these videos will be topic-related and will provide the Client with positive
exposure to other organizations. Consultant will request written permission for authorized use
from the Client’s Corporate Communications Department to grant reasonable use during the
term of this contract.
Renewal Options:
The City of Irving may, if agreeable to both parties, extend the contract for two (2) additional one
(1) year periods under the same terms and conditions as awarded or with pricing adjustments
as explained below.
Price Adjustments:
Prices shall be firm for a 12-month period for one year beginning with the contract award date.
At the end of the initial one-year contract period, contractor shall have the right to submit price
adjustments. The City shall have the right to approve or reject the price adjustment or go out for
new bids.
The Purchasing Division will contact Consultant approximately 90 days before the original
contract expiration date to see if Consultant wants to renew the contract. Written requests for
an adjustment in pricing shall be made at this time by Consultant. The written request shall be
submitted to the Purchasing Division, 845 W. Irving Blvd, Irving, Texas 75060.
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Taxes:
In the event that there are any sales taxes, admission taxes, gross receipts taxes, user fees and
other withholding charges, taxes or fees of any kind levied by the jurisdiction where the
speaking engagement is to take place, the Client shall be wholly responsible for all such taxes
and expenses in addition to any other payment due under the terms of this Agreement.
Notwithstanding the preceding sentence, each party shall be responsible for their own U.S.
income taxes.
To confirm this Agreement, Client will please sign and immediately send an electronic copy to
nancy@bartlettalliance.com, as well as, mail the deposit to Consultant for receipt by Consultant
no later than January 17, 2011. A fully executed copy will be returned to Client.
Contract Cancellation:
Either party may terminate this Agreement by giving to the other party thirty (30) days notice in
writing. Upon delivery of such notice by the Client to the Consultant, the Consultant shall
discontinue all services in connection with the performance of this Agreement and the Client
shall cease all payments of monthly installments pursuant to this agreement. As soon as
practicable after receipt of notice of termination, the Consultant shall submit a statement,
showing in detail the services performed under this Agreement for which Consultant has not
been paid. Consultant shall be paid for all services performed less such payments as have
been previously made. Copies of all completed or partially completed videos and written
documents in possession of the Client shall remain with the client available for use by the Client
and the non-disclosure provisions of this contract shall survive termination of the contract.
Copies of all completed or partially completed videos shall also be provided to the Consultant.
Approved by the Client, Approved by the Consultant,
________________________ ____________________________
Herbert A. Gears Nancy Powell Bartlett
________________________ ____________________________
Mayor President
________________________ ____________________________
Date Date
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10.b
EXHIBIT A
Dates in this exhibit may change prior to the final calendar issuance in January 2011. This exhibit
is for planning purposes. Training needs will be assessed quarterly and additional courses
scheduled. City staff will reference Irving University Web site to confirm final class dates and
times.
1) Dynamics of Leadership and Change: February 4, 2011 – 1 class
Attachment: 2011_Exhibit A (3750 : 12 Approving Training Agreement)

a. 8:00 – 12:00 PM
2) People Matter: February 7, 2011 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
3) Own It!: February 10, 2011 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
4) Dynamics of Leadership and Change: March 11, 2011 – 1 class
a. 8:00 – 12:00 PM
5) Own It!: March 16, 2011 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
6) Leading a High Performing Team: March 24, 2011 – 1 class
a. 9:00 AM – 12:00 PM
7) Own It!: April 6, 2011 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
8) Customer Service: April 20, 2011 – 2 classes
a. 9:00 – 10:30 AM
b. 1:30 – 3:00 PM
9) People Matter: May 4, 2011 – 1 classes
a. 1:30 – 3:30 PM
10) Dynamics of Leadership and Change: May 13, 2011 – 1 class
a. 8:00 – 12:00 PM
11) Customer Service Training of Trainers: May 18 - 19, 2011 – 1 class
a. 8:00 – 4:00 PM both days
12) Own It!: June 15, 2011 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
13) Dynamics of Leadership and Change: July 8, 2011 – 1 class
a. 8:00 – 12:00 PM
14) Own It!: August 17, 2011 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
Exhibit A - Page 1
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10.b
EXHIBIT A - Continued
15) Situational Leadership: September 8, 2011 – 1 class
a. 8:00 AM – 5:00 PM
16) Dynamics of Leadership and Change: September 23, 2011 – 1 class
a. 8:00 – 12:00 PM
17) Leading a High Performing Team: October 6, 2011 – 1 class
a. 9:00 AM – 12:00 PM
18) Own It!: October 19, 2011 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
19) The 7 Habits of Highly Effective People: October 25 & 28 – 1 class
Attachment: 2011_Exhibit A (3750 : 12 Approving Training Agreement)

a. 8:00 AM – 4:30 PM October 25 – Day 1
b. 8:00 AM – 4:30 PM October 28 – Day 2
20) Dynamics of Leadership and Change: November 11, 2011 – 1 class
a. 8:00 – 12:00 PM
Exhibit A - Page 2
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EXHIBIT B
The City of Irving (Client) requested additional topic offerings for consideration with the above
referenced Agreement. Some of those noted below were offered to the Client in 2010 with very
positive evaluations and results. Other topics are newly offered.
TOPIC AUDIENCE FOCUS
Attachment: 2011_Exhibit B (3750 : 12 Approving Training Agreement)

1) Beyond Words Open Enrollment Key abilities of Masterful Communicators;
five components of listening well;
balancing advocacy and inquiry to
significantly enhance communication and
problem solving.
2) Managing Projects for Open Enrollment Five cycles of managing projects in the
Results city; utilize course content on an in-class
project for on-the-job application.
3) Everest Those who lead Award winning video creating a whole new
others mindset about greatness: the Whole-
Person Paradigm. Leadership is a choice,
not a position … leadership is
communicating to people their worth and
potential so clearly that they come to see
it in themselves.
4) 6 Principles of Open Enrollment Learn 6 principles to enhance influence
Influence skills with others for more effective
results.
5) Systems Thinking Those who lead Understanding organizations as systems
others and the habits of systems thinkers.
6) Group/meeting Internal or external Consultant may provide facilitation for
Facilitation participants as internal and/or external teams, focus
identified by Client groups, community groups or others to
obtain specific outcomes as identified by
Client based upon recognized need.
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3695

Recommending Department: Library LSR No: 11722
Resolution -- Authorizing the Mayor to Accept the Texas State Library and
Archives Loan Star Libraries Grant
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: This grant supplements the materials budget, library programs, and
purchase of equipment that was not funded.
3. The Loan Star Libraries Grant from the Texas State Library and Archives
Commission is a direct state aid program for Texas public libraries. This is the tenth
year the Irving Public Library will receive funding from the program.
4. The grant amount of $75,630.00 is $18,775.00 less than last year.
5. The term of the grant runs from September 1, 2010 to August 31, 2011.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
.
ATTACHMENTS:
Loan Star Libraries Grant Contract (PDF)

2075-1410-521001-9188 Budget: $75,630 Actual: $75,630
P0: N/A
Budget Adjustment/Transfer Required: Yes, Budget will need to be setup.
Prepared: 11/16/2010 01:15 PM by Maria Williams
Last Updated: 1/5/2011 04:45 PM by Maria Williams
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Loan Star Libraries Grant
contract between the City of Irving and Texas State Library and Archives
Commission in the amount of $75,630.00, and the Mayor is authorized to execute
said agreement.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Loan Star Libraries Grant Contract (3695 : 14 Texas State Library Loan Star Library Grant)
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3771

Recommending Department: City Attorney’s Office LSR No: N/A
Resolution -- Authorizing Additional Environmental Study in Furtherance

of Settlement of a Lawsuit with Shin Ho “Sam” Kim D/B/A Texas Lunch
Box and Purchase of Property Located at 1923 Senter Road
1. This item supports Strategic Goals No. 2: Vibrant Neighborhoods and No. 8: Sound
Governance.
2. Impact: The additional environmental study would further the resolution of the
lawsuit and facilitate the City’s purchase of the property located at 1923 Senter
Road.
3. In response to citizen complaints, the Code Enforcement Department began
focusing on the building located at 1923 Senter Road in early 2007.
4. In September 2007, the Building and Standards Commission ordered the demolition
of the building, and the owner appealed the order to district court and included the
City as a defendant. The case has been litigated in state and federal court.
5. Settlement of this lawsuit was on the Council agenda on February 7, 2008, and
May 28, 2009, for $225,000.00 but was rejected by the City Council on May 28,
2009.
6. At an August 5, 2010 meeting, the City Council approved the settlement of this
lawsuit for $155,000.00, the entering into a purchase and sale agreement with the
current owner for the property located at 1923 Senter Road, and if the
environmental assessment is satisfactory and all of the requirements of the
purchase and sale agreement are met, the purchase the property. The City Council
also authorized the expenditure of costs for an environmental study not to exceed
$8,000.00 in addition to the closing costs and settlement costs.
7. The Phase I environmental study of the property located at 1923 Senter Road has
necessitated the need for a Phase II environmental study.
8. In furtherance of the settlement, funding in the amount of $32,000.00 is available in
the Non Bond CIP Fund.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
Previous Action: RES-2009-240 Council Action: Rejected settlement – resolution
approving settlement defeated.
RES-2010-204 Settlement approved.
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.
The closing date contained within the Purchase and Sale Agreement has been extended on
three occasions, the first two due to access issues and the last time to accommodate this
environmental study. Copies of Resolution No. RES-2010-204 and each of the extensions
are attached.
ATTACHMENTS:
Fully Executed Settlement_Purchase and Sale Agreement (PDF)
KIM_Addendum_No._1_signed (PDF)
KIM - Addendum No. 2_Signed (PDF)
KIM_Addendum_No.3_Signed (PDF)

4001-2871-564152-100 Budget: $32,000.00 Actual: $32,000.00
Budget Adjustment/Transfer Required: No (If yes, please explain.)
Prepared: 1/6/2011 10:49 AM by Rebecca Maddux
Last Updated: 1/7/2011 09:54 AM by Belinda Rowlett
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CITY OF IRVING
WHEREAS, the City Council, in Resolution No. 2010-204, approved the settlement in Shin Ho
“Sam” Kim D/B/A Texas Lunch Box vs. City of Irving and City of Irving Building and Standards
Commission, Cause No. DC-07-11671, in the amount of $155,000 for alleged damages resulting from a
Repair, Vacate, or Demolished Order issued by the Building and Standards Commission on August 30,
2007, and authorized the Mayor to execute any and all settlement documents upon approval of the City
Attorney’s Office; and
WHEREAS, as a part of the settlement, the City Council approved an agreement with Shin Ho
"Sam" Kim to purchase the property involved in said lawsuit, 1923 Senter Road, Irving, Texas
(“Property”), and upon satisfaction of the requirements in the Purchase and Sale Agreement, authorized
the Mayor to execute any agreement and/or deed upon approval of the City Attorney's Office; and
WHEREAS, said settlement and the Purchase and Sale Agreement are contingent upon the
City’s receipt of an acceptable environmental report and good title for 1923 Senter Road, Irving, Texas;
and
WHEREAS, in Resolution No. 2010-204, the City Council authorized the expenditure of costs
for an environmental study not to exceed $8,000 in addition to the closing costs and settlement costs;
and
WHEREAS, the Phase I environmental study of the Property has necessitated the need for a
Phase II environmental study in an amount not to exceed $32,000;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the expenditure for further environmental
study of the property located at 1923 Senter Road, Irving, Texas.
SECTION II. THAT additional costs for an environmental study not to exceed $32,000 shall be
charged to Account No. 4001-2871-564152-100.
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Fully Executed Settlement_Purchase and Sale Agreement (3771 : 16 Settlement of Texas Lunch Box Lawsuit)
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Attachment: KIM_Addendum_No._1_signed (3771 : 16 Settlement of Texas Lunch Box Lawsuit)
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Attachment: KIM - Addendum No. 2_Signed (3771 : 16 Settlement of Texas Lunch Box Lawsuit)
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Attachment: KIM_Addendum_No.3_Signed (3771 : 16 Settlement of Texas Lunch Box Lawsuit)
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3772

Recommending Department: City Attorney’s Office LSR No: N/A
Resolution -- Amending Resolution No. 9-22-83-573 Relating to the Length

of Terms of Board Members of the Administrative Board of the City of
Irving Supplemental Benefit Plan and the Removal of Term Limits
2. Impact: This amendment will allow Administrative Board members who have
become familiar with the Supplemental Benefit Plan to remain in office if reelected.
3. The current plan document provides that the Board is composed of 9 members, 5 of
whom are elected by participants in the Supplemental Benefit Plan. The current
term of office for elected members is two years.
4. The proposed plan amendment would increase terms to three years and remove
the three term limit.
5. Current elected members include Jeff Spivey, Captain, Irving Police Department;
Casey Tate, CIP Director; Rodney Adams, Presiding Municipal Judge; David
Cardenas, Business Manager, Water Utilities; and Brad Duff, Treasury Manager,
Financial Services.
6. The Administrative Board met on November 15, 2010, at their regular meeting and
recommended these changes in the Plan Document.
Recommendation
Previous Action: N/A Council Action: N/A

NONE
Prepared: 1/6/2011 04:26 PM by Belinda Rowlett
Last Updated: 1/7/2011 09:52 AM by Belinda Rowlett
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CITY OF IRVING
WHEREAS, the Irving City Council has established an Administrative Board for the City of
Irving Supplemental Benefit Plan by Resolution No. 9-22-83-573; and
WHEREAS, the City Council has amended this resolution with Resolution No. 11-10-05-357,
which expanded the Board to nine members, and amended this resolution again with Resolution No.
RES-2009-219 which kept nine members, five of whom are elected, but revised the appointed positions
to include the Chair of the Audit and Finance Committee, the Chief Financial Officer, the Benefits and
Risk Management Administrator, and the City Attorney or designee; and
WHEREAS, the City Council now finds that it is in the best interest of the Supplemental
Benefit Plan to allow elected members to serve for a longer period of time than the currently prescribed
limit of three consecutive two year terms;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby amends Resolution No. 9-22-83-573 as follows:
SECTION III. Term of Office. After election of the initial Board, elections for
membership on the Board shall be held in December with the terms
beginning the first day of January of the next year and continuing
for two (2) years. Board members elected after November 30,
2008, shall serve three year terms before standing for reelection.
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3747

Recommending Department: Capital Improvement Program LSR No: 11831
& 11830208
Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Verizon, for the Relocation of Aerial Telephone Facilities
and the Placing of Utility Poles on Northgate Drive Between Carl Road and
Chemsearch Boulevard
2. Impact: It is necessary to relocate the aerial facilities and place the utility poles on
Northgate Drive between Carl Road and Chemsearch Boulevard to construct the
roadway pavement project.
Fund.
Recommendation
.
ATTACHMENTS:
Verizon DSA Northgate (PDF)

4005-1902-77010-906014 Budget: $208,950.99 Actual: $208,950.99
Budget Adjustment/Transfer Required: No
Prepared: 12/21/2010 10:45 AM by Lana King
Last Updated: 1/4/2011 02:30 PM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached discretionary service agreement
between the City of Irving and Verizon, for relocation of aerial telephone facilities
and the placing of utility poles on Northgate Drive between Carl Road and
Chemsearch Boulevard in an amount not to exceed $208,950.99, and the Mayor is
authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Verizon DSA Northgate (3747 : 19 DSA Agmt Verizon for Northgate Carl to Chemsear)
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3745


City of Irving and Oncor Electric Delivery Company, LLC, for the
Relocation of Electric Facilities on Northgate Drive
2. Impact: It is necessary to relocate the electric facilities on Northgate Drive from
Tom Braniff Drive to Carl Road to construct the roadway pavement project.
Fund.
Recommendation
.
ATTACHMENTS:
Oncor DSA Northgate Drive (PDF)

4005-1902-77010-906014 Budget: $174,012.63 Actual: $174,012.63
Last Updated: 12/29/2010 10:19 AM by Lana King
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CITY OF IRVING

between the City of Irving and Oncor Electric Delivery Company, LLC, for
relocation of electric facilities on Northgate Drive in an amount not to exceed
$174,012.63, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Oncor DSA Northgate Drive (3745 : 19 DSA Agmt Oncor for Northgate Drive Impr)
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3757

Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding a Contract to Mario Sinacola & Sons Excavating,

Inc., for the Northgate Drive Paving Improvements Project from Tom
Braniff Drive to Carl Road
2. Impact: This project will replace the concrete driving surface from Tom Braniff Drive
to Carl Road. It will be a four-lane divided road with bicycle lane which will improve
access to the University of Dallas, NCH Corporation and other businesses along the
road. City of Irving water mains and wastewater mains along this area of roadway
will be replaced to improve the city’s infrastructure.
3. Two-way traffic will be maintained at all times during construction.
4. This project was bid with a method called A+B bidding that assigned a daily value to
the amount of days bid by the contractor for bid evaluation. The contract award is
based on the Base Bid (A) and the contractor will be required to complete the
contract in the number of days bid. Incentive pay for early completion or liquidated
damages assessed for failure to complete in time will be $1,000.00 per calendar
day.
5. Mario Sinacola & Sons Excavating Inc., submitted the lowest and best base bid of
$4,881.696.40 with a project completion time of 300 calendar days. An additional
$38,303.60 is required for testing and an additional $30,000.00 will be reserved for
potential incentive pay, bringing the total cost of the project to $4,950,000.00. This
is $1,750,000.00 (26%) below the funding allocated for this project.
6. Funding in the amount of $4,950,000.00 is available in the Water Improvement
Bond Fund and the Street Improvement Bond Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
On December 10, 2010, bids were received for the Northgate Drive Paving Improvements
Project from Tom Braniff Drive to Carl Road. The following is a tabulation of the bids
received:
Bidder Base Bid (A) Time Bid (B) Total Evaluated Calendar
Bid (A+B) Days Bid
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Mario Sinacola & Sons $4,881,696.40 $300,000.00 $5,181,696.40 300

Excavating, Inc.
Tiseo Paving Company $5,253,625.10 $365,000.00 $5,618,625.10 365
L.H. Lacy Company Ltd. $5,275,000.00 $300,000.00 $5,575,000.00 300
JRJ Paving LP $5,378,852.42 $365,000.00 $5,743,852.42 365
Omega Contracting, Inc. $5,579,196.80 $310,000.00 $5,889,196.80 310
Ed Bell Construction Co. $8,996,387.00 $300,000.00 $9,296,387.00 300
McMahon Contracting LP was not responsive with a bid outside the 300 to 365 calendar days
range. They bid 420 calendar days
ATTACHMENTS:
Northgate Tom Braniff to Carl Rd (PDF)

5411-3251-75901-906014 Budget: $1,926,330.12 Actual: $1,926,330.12
5422-3271-71401-906014 Budget: $ 335,308.50 Actual: $ 335,308.50
4005-1902-71801-906014 Budget: $2,658,361.38 Actual: $2,658,361.38
4005-1902-71801-906025 Budget: $ 30,000.00 Actual: $ 30,000.00
P0188630
Prepared: 12/22/2010 03:53 PM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Mario Sinacola &
Sons Excavating, Inc., in the amount of $4,881,696.40 for Northgate Drive Paving
Improvements Project and awards the contract to said company in said amount and
authorizes the Mayor to execute said contract.
SECTION II. THAT $38,303.60 is hereby approved and authorized for testing to be performed by
the City of Irving's contracted testing firm. An additional $30,000.00 is hereby
approved and authorized to be placed on reserve for potential incentive pay.
SECTION III. THAT this expenditure shall be charged to Account No. 5411-3251-75901-906014 in
the amount of $1,926,330.12; Account No. 5422-3271-71401-906014 in the amount
of $335,308.50; Account No. 4005-1902-71801-906014 in the amount of
$2,658,361.38; and Account No. 4005-1902-71801-906025 in the amount of
$30,000.00 for a total amount of $4,950,000.00.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Northgate Tom Braniff to Carl Rd (3757 : 19 Awd Mario Sinacola for Northgate Paving Impr)
17
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3749


City of Irving and Verizon, for the Undergrounding of Aerial Telephone
Facilities on O’Connor Road from SH 183 to Metker Street
2. Impact: As part of the first phase, utility poles will be relocated to the west side of
O’Connor Road from SH 183 to Metker Street. This will put utility crossings
underground in accordance with our ongoing utility undergrounding efforts.
3. Temporary aerial crossings will be installed as part of this phase. Conduit crossings
will be placed underground as part of the city’s paving project. The telephone
company will string wire and splice at that time.
Fund.
Recommendation
.
ATTACHMENTS:
Verizon DSA O'Connor from 183 to Metker (PDF)

4005-1902-77010-906015 Budget: $149,769.48 Actual: $149,769.48
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CITY OF IRVING

between the City of Irving and Verizon, for the undergrounding of aerial telephone
facilities on O’Connor Road from SH 183 to Metker Street in an amount not to
exceed $149,769.48, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Verizon DSA O'Connor from 183 to Metker (3749 : 19 DSA Agmt Verizon for O'Connor 183 to
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3762

Resolution -- Approving Addendum No. 1 to the Engineering Design

Services Agreement Between the City of Irving and Birkhoff, Hendricks
and Conway, LLP, Now Known as Birkhoff, Hendricks & Carter, LLP, for the
Design of the Nursery/Railroad Basin Sanitary Sewer Main
Inflow/Infiltration Improvements Project
2. Impact: Currently the consulting engineer is under contract to design the
replacement of sewer mains at 12 locations. Staff has recently identified the need
to also replace the water mains at seven of those locations. The most efficient use
of time and funds is to have the same engineer design the water main replacements
where they have already surveyed and designed the sewer main replacements.
3. Staff has also determined the replacement of the sewer and water mains on Ouida
Road and Geneva Road will damage most of these asphalt roads and should be
totally replaced and upgraded to current standards.
4. The design for the replacement of the 12-inch water main at Belt Line Road and
Bear Creek is also being incorporated into this contract to expedite the design of a
permanent fix for this main that was washed out earlier this year.
5. Replacing both water and sewer on streets and upgrading substandard streets
when total replacement is needed is good customer service and sound governance.
6. Construction of this project has not occurred already due to lack of funding.
Funding for construction of this project, with the exception of the portion related to
Ouida Road and Geneva Road, are available in the current fiscal year.
7. The portion of the project that includes the total reconstruction and upgrade of
Ouida Road and Geneva Road will not be bid for construction until neighborhood
street bond funds can be made available for the upgrades to the street
replacement.
8. The total increase in design fee is $199,640.00 for an estimated $2,177,000.00 in
additional construction work.
9. Funding in the amount of $199,640.00 is available in the Water Improvement Bond
Fund.
Recommendation
Previous Action: 6-28-07-257 Council Action: Agreement Approved
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ATTACHMENTS:
Addendum No 1 to Birkhoff for the Nursery RR Sanitary Sewer Basin I I Improvements
(PDF)

5411-3251-77005-907049 Budget: $199,640.00 Actual: $199,640.00
PC169030
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached addendum to the agreement
between the City of Irving and Birkhoff, Hendricks and Conway, LLP, now known as
Birkhoff, Hendricks & Carter, LLP, for additional engineering design services in
connection with the Nursery/Railroad Basin Sanitary Sewer Main Inflow/Infiltration
Improvement Project, in an amount not to exceed $199,640.00, and the Mayor is
authorized to execute said addendum.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Addendum No 1 to Birkhoff for the Nursery RR Sanitary Sewer Basin I I Improvements (3762 : 19 Add 1 to Birkhoff for Nursery RR
ADDENDUM NO. 1
TO THE AGREEMENT FOR ENGINEERING DESIGN SERVICES BETWEEN

THE CITY OF IRVING (OWNER) AND BIRKHOFF, HENDRICKS AND CONWAY, LLP NOW BIRKHOFF,
HENDRICKS AND CARTER LLP (ENGINEER)
FOR THE DESIGN OF THE NURSERY/RAILROAD BASIN SANITARY SEWER MAIN INFLOW/INFILTRATION
IMPROVEMENTS PROJECT
Dated June 28, 2007
This Addendum No. 1 serves to increase the contract fees based on the following additional work:
Incorporation of Subsurface Utility Investigation to locate underground utilities that

could be in conflict with proposed sanitary sewer improvements.
Design of water main replacements on Pioneer Drive, Drexel Street, Daywood Lane,
Mark Street and Sharon Street originally scheduled for sewer main only replacements
with this project.
Design of water main replacements, storm sewer improvements and paving
improvements for Ouida Road and Geneva Road originally scheduled for sewer main
only replacements with this project.
The design of the paving improvements for Ouida Road and Geneva Road consist of
upgrading the current asphalt pavement and bar ditch roads into 31-foot back to back
concrete with 4-foot wide concrete sidewalks on each side using City Standard Section.
Additional surveying for the added water main designs and paving improvement designs
for Ouida Road and Geneva Road.
Additional surveying and design for emergency replacement of a 12-inch water line
crossing under a bridge on Belt Line Road at Bear Creek.
The fees of the existing contract shall be increased or decreased by a fee not to exceed the following
amounts:
ENGINEERING FEES:
Basic Engineering Services:
Final Design and Construction Phases
Combined Basic Charge: $ 174,000.00
Authorized Special Services:

Design Surveying $ 7,840.00
Subsurface Utility Investigation: $ 17,800.00
TOTAL FEE INCREASE (NOT TO EXCEED): $199,640.00
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This Addendum No. 1 shall be effective on the date it is executed by the last party to execute it.
The OWNER and ENGINEER hereby agree to amend Section VI of the June 28, 2007 Engineering
Services Agreement (attached hereto) as follows:
SECTION VI
THE ENGINEER’S COMPENSATION
C. It is agreed by both the OWNER and the ENGINEER that the fees paid under this
“Agreement for Engineer Design Services” for each phase of engineering shall not exceed the
following budgeted amounts without City Council approved resolution. This fee shall be the
only amounts due from the OWNER, and ENGINEER shall not be reimbursed for expenses
in addition to the fee.
ENGINEERING FEES:
Final Design and Construction Phases
Combined Basic Charge: $ 342,000.00
Authorized Special Services:

Design Surveying $ 22,960.00
Subsurface Utility Investigation: $ 17,800.00
Separate Contract Into Two Bid Packages $ 5,000.00
BUDGETED TOTAL: $ 387,760.00
The BUDGETED TOTAL (including Basic Engineering Services and Special Services) is a
maximum of $387,760.00 and shall not be exceeded without City Council approved
resolution.
The OWNER and ENGINEER hereby agree to replace Section XII of the June 28, 2007
Engineering Services Agreement (attached hereto) to read as follows:
SECTION XII
TIME OF COMPLETION
The prompt completion of this project is critical and time is of the essence. Unnecessary
delays to the project shall be grounds for dismissal of the ENGINEER and the termination of
this contract without any further liability to the OWNER other than a prorated payment for
necessary and timely work done on the project to the time of termination.
ENGINEER proposes to complete the Final Review Plans for Phase 1 of construction
including Sanitary Sewer Improvements for Daywood Lane, Drexel Drive, Ben Drive,
Sharon Road, Mark Street, East Pioneer Drive (Irving Heights to Loop 12), South Irving
2
Packet Pg. 168

18.a
Heights and Williams Road as well as Water Line Improvements for Daywood Lane, Drexel
Drive, Sharon Road, Mark Street and East Pioneer Drive (Irving Heights to Loop 12) within
90 calendar days after the date of the ENGINEER’S receipt of the City Council resolution
approving Addendum No. 1.
ENGINEER proposes to complete the Final Review Plans for Phase 2 of construction
including Paving, Drainage, Sanitary Sewer, and Water Line Improvements to Geneva Road
and Ouida Road as well as Sanitary Sewer and Water Line Improvements for East Pioneer
Drive (Maltby Road to Irving Heights) within 240 calendar days after the date of the
ENGINEER’S receipt of the City Council resolution approving Addendum No. 1.
ENGINEER proposes to complete the Final Review Plans for the 12-inch water line
relocation on Belt Line Road at Bear Creek within 90 calendar days after the date of the
ENGINEER’S receipt of the City Council resolution approving Addendum No. 1.
All other requirements of the original contract for engineering services shall apply.
Packet Pg. 169

18.a
EXECUTED in three (3) counterparts (each of which is an original) on behalf of ENGINEER
shown below, and on behalf of the OWNER by its MAYOR (thereunto duly authorized) this
day of , 2011.
OWNER: ENGINEER:
CITY OF IRVING, TEXAS BIRKHOFF, HENDRICKS & CARTER L.L.P.
Herbert A. Gears Joe R. Carter, P.E., Partner

Mayor
ATTEST: ATTEST:
Shanae Jennings
Charles Anderson
City Attorney
Packet Pg. 170

18.a
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS §

§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on
this day personally appeared of Birkhoff, Hendricks & Carter,
L.L.P. known to me to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said Birkhoff, Hendricks &
Carter, L.L.P., a corporation, that (s)he was duly authorized to perform the same by appropriate
resolution of the board of directors of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of

, A.D. 2011.
Notary Public In and For Dallas County, Texas
Packet Pg. 171

19
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3736

Recommending Department: Intergovernmental Services LSR No: 11855
Resolution -- Approving a Discretionary Services Agreement Between the

City of Irving and Oncor Electric Delivery Company, LLC, for the Removal
of Street Lighting Facilities on Irving Boulevard from Hwy 183 to Loop 12
as Part of the City's Solar Powered LED Streetlighting Project
1. This item supports Strategic Goal No. 10: Environmental Sustainability, Goal No. 9:
Infrastructure Network and Goal No. 2: Vibrant Neighborhoods
2. Impact: This agreement allows for the removal of 217 Oncor owned street lighting
facilities on Irving Boulevard from S.H. 183 to Loop 12, including Second Street, as
part of the city’s solar powered street lighting project. An additional 49 city owned
lights will be removed for a total of 266 lights.
3. Installation of 170 off-the-grid solar lights was completed in December through the
use of U.S. Department of Energy grant funding. Department of Energy grant funds
can not be utilized to fund the removal portion of the project.
4. Removal of the grid-connected street lights saves approximately $124,000.00
annually in Oncor tariffs and in energy costs.
5. Funding in the amount not to exceed $150,768.12 will be made available.
Recommendation
.

XXXX-XXXX-XXXX-XXXX, XXXX-XXXX-XXXX-XXXX Budget: $9,999.99 Actual:
$9,999.99
P0__________, P0___________
Prepared: 12/16/2010 11:26 AM by Kathryn Guerra
Last Updated: 1/7/2011 12:14 PM by Kathryn Guerra
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19
CITY OF IRVING
between the City of Irving and Oncor Electric Delivery Company, LLC, for removal
of electric facilities on Irving Boulevard in an amount not to exceed $150,768.12, and
the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. .
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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20
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3764

Recommending Department: Water Utilities LSR No: 11841
Resolution -- Awarding an Engineering Services Agreement with RJN

Group, Inc., for a Sanitary Sewer Evaluation Survey (SSES).
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This SSES project is required by the TCEQ and will include field testing
and analysis of sanitary sewers to develop a prioritized list of rehabilitation, repair
and replacement projects for a portion of the Southwest Irving Interceptor Basin.
3. This project will require equipment and expertise that the City of Irving does not
have and would be too costly to obtain since it would not be continuously used.
4. This project will also include inspection of manholes and pipes in the study area that
will result in verification of pipe size, material, location and condition information.
This will be input into the City’s GIS to update mapping for future use by staff.
5. City staff administered a Request for Qualifications, RFQ # 016M-11F, to select an
engineering firm for these services. Five RFQ Responses were received and
reviewed by staff. The response returned by RJN Group, Inc. best met the criteria
in the RFQ and they have a great deal of experience executing projects similar to
this one, including previous projects here in Irving.
6. Funding in the amount of $349,591.00 is available in the Water and Sewer System
Fund.
Recommendation
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: N/A Council Action: To be approved

5402-3271-56401-1160 Budget: $350,000.00 Actual: $349,591.00
P0188657
Prepared: 12/29/2010 03:40 PM by Regina Bishop
Last Updated: 12/30/2010 03:24 PM by Regina Bishop
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20
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached agreement between the
City of Irving and RJN Group Inc., for engineering services in connection with
a sanitary sewer evaluation survey in an amount not to exceed $349,591.00,
and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 5402-3271-56401-
1160.
SECTION III. THAT this resolution shall take effect from and after its final date of passage,
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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20.a
AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is made and entered into this _ day of ,20_ _,
Attachment: RJN Group, Inc. - SSES Agreement (3764 : 32 AWD RJN Group - Eng Services Agreement for SSES)
by and between the City of Irving, Texas hereinafter called the OWNER. and R,fN Group, Inc.
hereinafter called the ENGINEER.
RECITALS
WHEREAS, the OWNER intends to perform a Sanitary Sewer Evaluation Survey for
the Lower Southwest Irving Interceptor Basin. hereinafter referred to as the PROJECT.
WHEREAS, the OWNER desires to obtain engineering services in connection with the
PROJECT.
WHEREAS, the ENGINEER is acceptable to the OWNER, and is willing to enter into an
Agreement with the OWNER 10 perform such services; and
NOW, in consideration of the premises and mutual covenants contained herein. the
OWNER and the ENGINEER agree as follows:
CONTRACTUAL UNDERTAKINGS
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER and the ENGINEER agrees to furnish
engineering services in connection with the PROJECT as stated in Section II following, and for
having rendered such services the O\\-'NER agrees to pay to the ENGINEER compensation as
stated in Section VI following.
SECTION II
CHARACTER AND EXTENT OF SERVICES
The Basic Engineering Services to be rendered by ENGINEER arc to be considered

distinguishable from other services and shall be performed as required during the following
phases of the project:
SEE EXHIBIT "A" FOR SCOPE OF WORK
Page 1
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SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by the ENGINEER under this
agreement until he has reeeived written authorization from the OWNER.
SECTION IV
PERIOD OF SERVICE
This AGREEMENT shall be effective upon execution by the OWNER and the
ENGTNEER and shall remain in force until terminated under the provisions hereinafter provided
in Section IX.
SECTION V
COORDINATION WITH THE OWNER
The ENGINEER shall hold periodic conferences with the OWNER or its representatives.
to the end that the project. as perfected. shall have full benefit of the O\VNER'S EXPERIENCE
AND KNOWLEDGE OF EXISTING NEEDS AND I' ACILITlES. AND IJE CONSISTENT
WITH ITS CURRENT POLICIES AND CONSTRUCTION STANDARDS. To implement this
coordination, the OWNER shall make available to the ENGINEER tor use in planning the
project, all existing plans, maps. field notes, statistics, computations and other data in his
possession relative to existing facilities and to the PROJECT.
SECTION VI
THI: I:NGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the ENGINEER the OWNER
shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Phases
of the work. All remittances by O\VNER of such compensation shall either be mailed or
delivered to the ENGINEER'S horne office as identified in the work authorization.
A Compensation for Basic Engineering Services for the work covered by the PROJECT will
be provided to the ENGINEER according to the lump sum and unit prices included in
Exhibit A for each Task. Payment for Basic Egineering Services shall be based on the
ENGINEER's monthly invoice showing a breakdown by Phase of the pro-rata estimate
(by the Engineer) of the percentage completion for lump sum items and the number of
units completed for unit price items.
Page 2
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20.a
13. It is agreed by both the OWNER and the ENGINEER that the fees paid under this
"Agreement for Engineering Services" for each Phase shall not exceed the following
budgeted amounts without City Council approved resolution. This fee shall be the only
amounts due from OWNER and ENGINEER shall not he reimbursed for expenses in
addition to the fee.
ENGINEERING FEES:

Phase I - Flow Monitoring/GPS Survey/Manhole Inspection $142,956.00
Phase 2 - SSES Field Investigations of priority basins $206.998.00
BUDGETED TOTAL:
The BUDGETED TOTAL (including Basic Engineering Services) is a maximum of

Three Hundred Fortv Nine Thousand Nine Hundred Fitly Four Dollars ($349,954.00) and shall
not be exceeded without City Council approved resolution.
SECTION VII
REVISION OF REPORTS, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS
The revision and rework of reports, plans, specifications and other documents during the
formative stages as an orderly process in the development of the project to meet the needs of the
O\VNER shall be considered as part of the Basic Services.
SECTION VIII
OWNERSHIP OF DOCUMENTS
The OWNER shall have unlimited right for the benefit of the OWNER for use in future
projects to all drawings, designs, specifications. ENGINEER's designs and structures, notes and
other pertinent consultant-engineer work procured in the performance of this AGREEMENT or
in contemplation thereof, and all as-built drawings produced after completion the project work, if
any, including the right to use same on any other OWNER work without additional cost to the
OWNER. Any use of aforementioned documents for future projects shall be without usc of
ENGINEER's name or registration seal and without any liability to tbe ENGINEER, his agents,
employees. subcontractors and eonsultants. In the event this project is terminated at any point,
plans, drawings. structural designs, specifications and other pertinent consultant-engineer work
shall become the property of the OWNER.
Page 3
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20.a
SECTION IX
TERMINATION
Either party to this AGRf:EMENT may terminate the AGREEMENT hy giving to other
thirty (30) days notice in writing. Upon delivery of such notice by the OWNER to the
ENGINEER, the ENG~lEER shall discontinue all services in connection with the performance
of the AGREEMENT and shall proceed to cancel promptly all existing orders and contracts
insofar as such orders or contracts arc chargeahle to the AGREEMENT. As soon as practicable
after receipt of notice of termination, the ENGINEER shall submit a statement showing in detail
the services performed under the AGREEMENT less such payments on account of the charges as
have been previously made. Copies of all completed or partially completed designs, plans and
reports prepared under this AGREEMENT sh<L1I be delivered to the OWNER when and if this
AGREEMENT is TERMINATED, but subject to the restrictions, as to their use, as set forth in
Section VIII.
If the AGREEMENT is terminated because of a material breach of this AGREEMENT by

the ENGINEER. the OWNER may have the remaining work and services to be performed by the
ENGINEER performed by another, and the ENGINEER shall be liable to the OWNER for any
additional costs over the contract amount accrued by the OWNER associated with the breach of
AGREEMENT.
SECTION X
SUCCESSORS AND ASSIGNMENTS
The OWNER and the ENGINEER each binds himself and his successors, executors,
administrators and assigns to any other party of the AGREEMENT and to the successors.
executors, administrators, and assigns of such other party. in respect to all eovenants of this
AGREEMENT. Except as above. neither the OWNER nor the ENGINEER shall assign, sublet
or transfer his interest in this AGREEMENT without the written consent of the other. Nothing
herein shall be constituted as creating any personal liability on the part of any officer or agent of
any public body which may be a party thereto.
SECTION XI
SPECIAL CONDITIONS
SPECIAL CONDITIONS CONTAINED IN "AUTHORIZATION OF SERVICES"

ISSUED BY OWNER AND ACCEPTED BY ENGINEER WITH SPECIFIC REFERENCE TO
THIS AGREEMENT SHALL BECOME A PART HEREOF
1. The total budgeted fee shall not be exceeded without specific authorization by the City
Council.
2. ENGINEER shall abide by the City of Irving Consultant Reimbursement Guidelines

attached hereto and incorporated herein.
Page 4
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20.a
SECTION XII
TIME OF COMPLETION
The prompt completion of this project is critical and time is of the essenee. Unnecessary
delays to the project shall be grounds for dismissal of the ENGINEER and the termination of this
eontraet without any or further liability to the OWNER other than a prorated payment for
necessary and timely work done on the project to the time of termination. ENGINEER proposes
to eomplete the projeet within 365 calendar days of the date of (he City Council resolution
approving the AGREEMENT.
SECTION XIII
PROFESSIONAL LIABILITY INSURANCE
Prior to the commencement of design under this AGREEMENT, ENGINEER shall obtain
standard comprehensive professional liability insurance coverage in an amount of at least
$500,000.00 aggregate per year, covering the services provided under this AGREEMENT,
including contractual liability under this AGREEMENT. ENGINEER shall maintain such
coverage during all phases of engineering services and for one (1) year after substantial
completion of the project. The O\VNER shall be supplied with a certificate of such coverage
which shall provide for a thirty (30) day notice of cancellation, non-renewal, or change in limits
by endorsement, to the O\VNER by certified mail.
SECTION XIV
OWNER INDEMNIFIED
The ENGINEER shall hold harmless and indemnify the OWNER from all claims and
liability due to activities of himself, his agents, or employees, performed under this contract and
which result from an error. omission or for failure to provide good and \vorkmanlikc service by
the ENGINEER or any person employed by the ENGINEER. The ENGINEER shall also save
harmless the OWNER from any and all expenses, including attorney fees which might be
incurred by [he O\VNER in litigation or otherwise resisting said claim or liabilities which might
be imposed on the O\VNER as the result of such activities by the ENGINEER, his agents. or
employees.
SECTION XV
GENERAL INSURANCE
The ENGINEER shall have $500,000.00 Automobile Insurance coverage. Statutory

Workers' Compensation, and $1,000,000.00 General Liability with a CG2503. ln lieu of the
$1,000,000.00 General Liability and the CG2503, the ENGINEER and OWNER may mutually
agree to O\VNER's and Contractors Protective Liability Coverage.
Page 5
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20.a
SECTION XVI
ENGINEER'S SEAL
The ENGINEER shall place his Texas Professional Engineer's seal of endorsement on all
documents and engineering data furnished by him to the OWNER.
SECTION XVII
VENUE
Venue [or all purposes shall he in Dallas County, Texas.
Page 6
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20.a
SECTION XVIIl
CHOICE OF STATE
This AGREEMENT shall be governed by the law of the State of Texas.
EXECUTED in three (3) counterparts (each of ......hich is an original) on behalf of
ENGINEER shown below, and on behalf of the OWNER by its MAYOR (thereunto duly
authorized) this _ _ day of , 20_ _ .
OWNER: ENGINEER:
CITY OF IRVING, TEXAS RJN Group, Inc.
ATTEST: ATTEST:
Shanae Jennings, TRl\.lC

Charles R. Anderson,
City Attorney
Page 7
Packet Pg. 182
20.a
CITY OF IRVING
CONSULTANT REIMBURSEMENT GlllDELINES
1. Air Travel Standards. Consultants representing the City should travel economy/tourist OT
full fare coach class when engaged in work related travel on behalf ofthe City.
2. Lodging. Consultants representing the City should secure accommodations in business class
hotels. For example, Sheraton, D/FW Marriott, Harvey House, etc. There will be no
reimbursement for consultant's local lodging if consultant's offices are located in or within 75
miles of the City of Irving.
3. Vehicle Rentals. The City will reimburse rental of mid-size or full-size vehicles hut not
luxury class vehicles.
4. Computer Research. The City will reimburse for actual cost, unless D reasonable markup is
agreed upon at inception of contract.
5. Billed Hours. All invoices for work shall state the specific number of hours spent and the
hourly rate of consultant and the task performed in sufficient detail to permit review of the
time charged.
6. I neidental Charges. The City will reimburse for actual cost of reasonable incidental charges
exclusive of markup for delivery charges. However, backup documentation must be
provided. Disbursements for regular intra-office copying arc not considered eompensable.
7. Travel to and from the Cit), of Irving. There will be no reimbursement for the consultant's
local travel if consultant's offices are located in or within 75 miles of the City ofIrving.
8. Meals. The City vvill reimburse for reasonable meal expense up to twenty-five dollars
($25.00) must be documented with receipts. There will be no reimbursement for consultant's
meals if consultant's offices are located in or within 75 miles of the City of Irving.
9. Miscellaneous. The City will not reimburse for charges listed as miseellaneous. All
expenses must be identified and backup documentation must be provided upon request.
10. Invoices. Invoices for services rendered shall include all backup documentation in sufficient
detail to permit review. Invoices are to be addressed as follows:
Steven M. Pettit, P.E.
Senior Civil Engineer
City of Irving
333 Valley View Lane
Irving, Texas 75061
11. Billing Time. The City will not pay for hourly time worked by consultants for preparing
invoices, gathering receipts or documentation, or researching questions regarding invoices
sent to the City.
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20.a
CORPOR<l.TE ACKNOWLEDGMENT
THE ST ATE OF TEXAS ~
~
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State,
on this Jay personally appeared _ ofc-c----c---cc---:----c---
known to me to be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said a
corporation, that (s)he was duly authorized 10 perform the same by appropriate resolution of the
board of directors of such corporation for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of _

_ _ _ _ _ _ _ _, A.D. 20_ _
Notary Public In and For Dallas County, Texas
Page 9
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20.a
CONFLICT OF INTEREST QUESTIONNAIRE: Effective January 1, 2006, Chapter 176 of

the Texas Local Government Code requires that any vendor or person considering doing business
with a local government entity disclose in the attached Questionnaire, Form CIQ, the vendor or
person's affiliation or business relationship that might cause a conflict of interest with a local
government entity (local government officers of the City ofIrving). By law, Form CIQ must be
filed with the City of Irving if the vendor or person submits an application, response to a
request for proposals or bids, correspondence, or writing related to a potential agreement
with the City of Irving (please refer to Section 176.006, Texas Local Government Code at:
hHp:(/~~w»,_,(;apiLol.stmc.lx.u::,/statlltc:'./docs/1 ~G/C()11 tl'1l t/lltl11/1 e.,005, 00.0001 76.00,l1tl11:# I76.006,00 or
contact the Texas Ethics Commission at 512-463-5800 or 800-325-8506 for more detail), To view a listing of the
City of Irving's local government officers, please click hJ![J:i,w\\'w,cijrv illS!.l\ .1I~,ieb::lcd officials! and
hllp:.l.. . \\'w\\',( i ,i I·vim!.l'. ibCilv mllll<l!.!criindc\_<lsp
IMPORTANT: A VENDOR OR PERSON COMMITS AN OFFENSE IF HE OR SHE

FAILS TO FILE FORM CIQ IN ACCORDANCE WITH SECTION 176.006, LOCAL
GOVERNMENT CODE. AN OFFENSE UNDER THIS SECTION IS A CLASS C
MISDEMEANOR
Packet Pg. 185

20.a
ATTACHMENT C - TO BE RETURNED WITH YOUR RESPONSE
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY
Government Code by a person doing business with the governmental entity. Oat!? Received
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the
person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local

Government Code. An offense under this section is a Class C misdemeanor.
1 Name of person doing business with local governmental entity.
2
D Check this box if you are filing an update to a previously filed questionnaire.
(The law requires thai you Iile an updated completed questionnaire with the appropriate filing authority ncrrater than September
1 of the year for which an activity described in Section 176 006(a). Local Government Code. is pending and not later than the
7th business day after the date the originally filed queslionnaire becomes incomplete or lnaccurate.)
3 Name each employee or contractor of the local governmental entity who makes recommendations to a local
government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or
business relationship.
, Name each local government officer who appoints or employs local government officers of the governmental entity for
which this questionnaire is filed AND describe the affiliation or business relationship.
I
~do 'ed 11102./2005
Packet Pg. 186

20.a
FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE Page 2
For vendor or other person doing business with local governmental entity
5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only
if the answer to A, B, or C is YES.
This section, item 5 including subparts A, B, C & 0, must be completed tor each officer with whom the filer has affiliation or other
reianonstuo. Attach additional pages 10 this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire? 0 Yes 0 No
B Is the filer of the questionnaire receiving or likely \0 receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local governmental entity? 0 Yes 0 No
C Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No
D Describe each affiliation or business relationship
Signature of person doing business with the governmental entity Date
Packet Pg. 187

20.a
GOOD FAITH EFFORT PROGRAM OVERVIEW

Attachment F-1
All bid documents and proposal packaqes must include the signed GFE affidavit affirming the
bidder/proposer's intent to comply with the City's Good Faith Effort program. Unless otherwise indicated in
the ITS or RFP documents, no other GFE documentation will be required at time of bid or submission
Upon notification of intent to recommend award of contract, the apparent low bidder/most advantageous
proposer has up to five (5) business days to submit the appropriate GFE forms 10 the City's MflNBE
Program Administrator. Required GFE forms must be submitted prior to award by City Council.
The GFE forms are:
» GFE-1 Good Faith Effort Affidavit (included as Attachment F-2)

GFE-2 Schedule of MMiBE Participation
"»
);.>
GFE-3
GFE-4
Good Faith Effort Log
Intent to Perform as a Sub-Contractor
". GFE-5 Payment Report
NOTE: Forms GFE-2 thru GFE-5 are available on the City's website in the Purchasing
section, under "Forms. II
1. All bidders or proposers must submit form GFE-1, Good Faith Effort Affidavit
2. Prime contractors who are tentatively recommended for award and who will
meet Dr exceed the GFE goal must submit the following additional forms:
GFE-4 Intent to Perform as Sub-Contractor (one for each sub-contractor)
3. Prime contractors who are tentatively recommended for award and who will
NOT meet or exceed the GFE goal must submit the following form:
GFE-3 Good Faith Effort Log
In addition, if the contractor has partial participation toward the
goal, the following forms are also submitted:
GFE-4 Intent to Perform as Sub-Contractor (one for each sub-contractor)
4. The awarded contractor will submit the following form monthly to verify that
the sub-contracting work is being done as agreed upon:
GFE-5 Payment Report
For any GFE communication: Call 972-721-3753 or 972-721-2631
Packet Pg. 188

20.a
GOOD FAITH EFFORT AFFIDAVIT

Attachment F-2
On January 11. 2007, the Irving City Council adopted a policy to equitably and conscientiously include
Minority- and Women-owned Business Enterprises (MIWBE'S) in the City procurement process for all
basic goods. services, professional services, and construction solicitations. The City and its contractors
shall not discriminate on the basis of race, color, religion, national origin, or sex in the award and
performance of contracts. In consideration of this policy, the City of Irving has implemented the Good
Faith Effort (GFE) Program.
MIWBE Participation Goals

The GFE Plan establishes subcontractinq goals for all prospective bidders, proposers, and submitters 10
ensure a reasonable degree of MIWBE participation in City contracts. It is the goal of the City of Irving
that a certain percentage of work under each contract be executed by one or more MIWBEs.
The following MIWBE participation goals have been established without consideration for a specific
ethnicity or gender:
Professional Other
Construction Architectural & Engineering Services Services Goods
30.00% 28.00% 33.00% 20.00% 10.00%
The apparent low bidder/most advantageous proposer shall agree to meet the established goals or must
demonstrate and document a "good faith effort" to include MIWBEs in subcontracting opportunities. The
apparent low bidder/most advantageous proposer who fails to adequately document good faith efforts to
subcontract or purchase significant material supplies from MIWBEs may be denied award of the contract
by the City based on the contractor's failure to be a "responsive" proposer or bidder.
By signing below, I agree to provide the City of Irving with a completed copy of all forms
required by Good Faith Effort Program. I understand that if r fail to provide all of the
required documents within five (5) business days after notification, my bid or proposal
may be deemed "non-responsive" and I may be denied award of the contract.
Solicitation Number: _ Date, _
Name of Company _
Printed Name of Certifying Official of Company Title
Signature of Certifying Official of Company Phone Number
Form GFE-1
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20.a
(Form GFE-2)
Attachment: RJN Group, Inc. - SSES Agreement (3764 : 32 AWD RJN Group - Eng Services Agreement for
CITY OF IRVING
SCHEDULE OF MIWBE PARTICIPATION
Project Name & Bid/Contract #:
INSTRUCTIONS:
Column 1: List name or prime conlraclor on first row, then list name(s) of subcontractors on next rows, Date: _
Column 2: If subs are MI\NBE, list certification number,
Column 3: List conlacl name; address; telephone number for each firm
Column <1 List the ethnicity of the firm(s) owner as: B = African American; H = Hispanic; I = Asian Indian; N = Native American P = ASian Pacific; W = Woman; NON = other than MI\NBE.
Column 5 Indicate $ amount of value of work for each firm listed.
Column 6 Indicate percentage of total contract amount
I V'",,::>. LJVlldl lUld'" ::>, 'UUIU .. Vdl d' IIUUIIl VI VIU VI IV U::>dl.
Name of Firm and MANSE Certification Contact Name Dollar Value of Percentage
Address (Street, City, Zip) Firm Ethnicity Work
Subcontractors Number Telephone Number
(%)
(Column 4) (Column 5) (Column 6)
(Column 1) (Column 2) (Column 3)
(prime)
'CO)
{sub}
(sub)
(sub)
Please make additional copies of this fonn to complete, if needed.
PRIME CONTRACTOR'S SIGNATURE: _ TOTALS $ (100%)
Packet Pg. 190

20.a
Attachment: RJN Group, Inc. - SSES Agreement (3764 : 32 AWD RJN Group - Eng Services Agreement for
CITY OF IRVING
GOOD FAITH EFFORT CONTACT LOG
To: City of Irving GFE Program Administrator Date: _

Project Name & Bid/Contract #"
MIWBE Firm Name Dateo~ Telephone Number Type of Work

Response
and Person Contacted Contact or Email Address Offered
~1
Fo. 0
1
I
r 5
Please make additional copies of this form to complete, if needed.
Printed Name of Firm (Prime Contractor) Printed Name of Officer Printed Title of Officer
Officer's Signature Date Signed
Unable to secure MIWBE participation? See MIWBE Program GUIde at www.cityoflrving org for the Good Faith Effort Checklist, or contact the
City of Irving GFE Program Administrator at 972-721-3753.
Packet Pg. 191

20.a
(Form GFE-4)
CITY OF IRVING
INTENT TO PERFORM AS SUBCONTRACTOR
Project Name & Bid/Contract #: _
Bid Amount: _
MIWBE Participation Amount: _
~~~;c_;;;;;""'co:c>:::====_-------------,has
agreed to provide the following
NAME OF MIWBE Subcontractor
good(s)/service(s): _
'0 ---;======
PRIME CONTRACTOR
_
- - - - - - - - - - - - - - - - o ; ; ; ; = = c - - c - c - - - - - - - - , i S currently certified by:

MIWBE Subcontractor
Name of Agency:' _
Certification Number: (copy of certification form must be attached.)
The undersigned intends to enter into a formal agreement with the SUbcontractor listed,
conditioned upon being awarded the City of Irving contract. If any changes are made to this
list, the prime contractor must submit to the City for approval a revised schedule with
documented explanations for the changes. Failure to comply with this provision could result in
termination of the contract and/or becoming ineligible for future City contracts.
Officer's Signature (Prime Contractor) Officer's Signature (MfvVSE SUbcontractor)
Printed Name Printed Name
Printed Title Printed Title
Date Signed Date Signed
Packet Pg. 192

20.a
(Form GFE-5)
CITY OF IRVING
PAYMENT REPORT FORM
ProjecUContract Name and Number: _
Date of Contract Award: _________ Scheduled Completion Date: _
Contractor's Business Name: _
Contractor's Address: _
Contractor's Phone Number: ~ _
Amount Received to date from City of Irving:
Total Dollar Amount Committed to MIWBE Vendors at Time of Award: _
Payment(s) Made Since Las_t Report:
Name of Subcontractor I Amount Paid Date
Total Dollar Amount Paid to Each Subcontractor to Date"

Name of Subcontractor Total Paid Name of Subcontractor Total Paid
1 5
2 6
3 7
4 6
--
Please make additional copies of this form to complete, If needed.
(Signed) (Title) _
To Be Completed by MIWBE Program Administrator

Percentage of Contract Committed by Contractor to M/WBE Vendors on form GFE-2
Percentage of Contract Paid by City to date to Contractor
Percentage of Contract paid to date by Contractor to M/WBE Vendors
Follow-up actions needed (if any) 1-"---'----------'-'---'--------'---------1
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EXHIBIT A
SANITARY SEWER EVALUATION SURVEY - SOUTHWEST IRVING BASIN
SCOPE OF SERVICES
The Serviees to be provided under this contraet shall consist of a comprehensive Sanitary
Sewer Evaluation Survey (SSES) and report to complement the CITY's SSOI efforts. The
services to be performed by the ENGINEER will consist of two (2) phases, as stated below.
The phases will be timed in aeeordancc with the CITY's needs and be tailored to match the
requirements and expectations of the TCEQ SSOI.
It is anticipated that the project will be conducted in 2 phases:

• Phase 1 - Flow Monitoring / GPS Survey/ Capacity Analysis I Manhole
Inspection
• Phase 2 - SSES Field Investigations of priority basins
Phase 1
Task A. Projeet Administration
The ENGrNEER shall coordinate the overall work ofthe projeet to include
all Iield inspeetions and engineering analysis. The ENGINEER shall
provide monthly progress reports that will show the pereent completion of
each task. A bi-monthly progress meeting with the CITY will be
condueted.
Task B. Data Review
The ENGINEER will review existing data / reports provided by the CIT'{. Data
will include GIS maps, Wastewater Masterplan, as-builts, and other data
necessary to complete the project.
Task C. Field Verification
Prior to beginning the flow monitoring project. the ENGINEER will verify sewer
line interconnectivity and sewer flow direction at various locations across the
collection system to confirm proposed sewer shed delineations and understand
impact of the sewers upstream of proposed flow monitoring locations. The
Exhibit A
Page 1 of 12
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ENGINEER shall conduct field investigations to verify the suitability of each

potential monitoring location.
Task D. Flow Monitoring Services
Prior to installing flow monitors, the ENGINEER will develop a flow

monitoring plan. The flow monitoring plan will include the preliminary
monitoring sites selected [rom a review of the City's existing sewer maps.
These sires will be based on a distribution of approximately 30,000 to 60,000
linear feet per flow monitor. Special attention areas or split flow conditions
may require additional flow monitors. Potential flow monitoring sites will be
identified with consideration given to basin size, evidence of surcharging.
overflow locations, projected maintenance activities, and other factors.
Potential and alternate sites will be inspected and the site hydraulics evaluated.
The ENGINEER shall conduct field investigations to 'verify the suitability of eaeh
potential monitoring location. The field investigations will verify sewer line
interconneetivity and sewer flow direetion in various locations across the
collection system and in the proposed meter locations. The ENGINEER shall
prepare a site investigation sheet for each selected site and shall submit to the
CITY. A total 01'8 meter sites are included in this proposal. Flow monitoring will
be performed utilizing monitors capable of measuring both depth and velocity of
flow. A total of 4 tipping bucket rain gauges will be used for the study. The
tipping bucket gauges will be installed to obtain rainfall distribution data.
After approval orthe recommended sites, the ENGINEER shall install and
maintain the meters lor a 60-day period.
Task E. Flow Data Management
Dnring the flow monitoring study, flow data will be continually reviewed and
analyzed in order to assess the aeeuracy and quality of the data.
Task F. Flow Data Analysis
Adequate rainfall will be necessary to establish the relationship between peak

inflow and rainfall intensity. This relationship will be used to determine the
impact on the collection system during wet weather and high groundwater
conditions. A correlation of flow and rainfall intensity will be made using the
area-coefficient method of analysis. It is anticipated that a minimum of three
storm events that do not cause surcharging of the collection system will be
recorded during the 60-day monitoring period.
Exhibit A
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Data from the eontinuously recording rainfall gauges will be used to establish
the intensity of rainfall and duration for each storm event. The Thiessen Method
for rainfall distribution analysis will be used.
For each monitoring site, data developed as part of the analysis will include:
• Average Dry Weather Diurnal Curve Flows for weekdays and weekends
• Rainfall I Wet Weather Wastewater flow Correlations for selected storm

events during the monitoring period
• Design peak inflow rate at the design storm event
• Capacity analysis at the monitoring sites
Based on the flow data analysis the various basins will be ranked according to
their inflow contribution and infiltration contribution. Infiltration and lnflow (III)
ratings shall be used to develop a prioritization for each basin. Using the various
rankings, the ENGINEER shall provide the CITY with a Technical Memorandum
recommending the basins for Phase 2 SSES activities.
Task G. GPS of Manhole and Cleanout Locations / System Mapping Updates
Manhole X. Y coordinates will be collected for each manhole and clcanout found
and accessible. Coordinates will be to within sub-meter accuracy, utilizing
NAD83 State Plane Coordinates and NAVD88 elevations. Invert elevations will
be determined using measure down information obtained during the manhole I
cleanout inspections. A total of632 structures are included.
Based on the GPS data and manhole inspection data revisions will be made to the
CITY's maps to correct location, sewer flow direction, and interconnectivity
discrepancies. Tbis updated information will bc furnished to the CITY.
Task H. Manhole Inspections
All manholes in the study area will be inspected to gather information needed for
flow monitoring analysis, modeling and to determine hydraulic and structural
integrity.
Whenever possible, the ENGINEER will conduct full descent inspections of

every accessible manhole in the collection system. Confined space entry
procedures will be followed. The following. manhole components will all be
inspected for signs of III and for structural soundness:
Other information will also be obtained to include: pending potential, manhole

diameter and depth, construction materials. active [/1, evidence of 1/1, and
Exhibit A
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20.a
evidenee of surcharge. Rim to invert measurements and the general orientation of

all connecting lines will be recorded. Manholes whieh are sureharged during
average tlow conditions will be identified and reported to the CITY for cleaning
prior to smoke testing. Photographs will be taken of all severe or unusual
rnanbole defects or configurations and will be loaded as digital photos into the
project database.
While inside the manhole, each of the incoming / outgoing pipes will be inspected
for signs of cracking, collapse, root intrusion. deposition. grease, offset joints.
active infiltration. or other defects. Additional information such as pipe diameter
and material will also be collected. Lines with observahle struetural defects will
he reeorded as candidates for television inspections. Pipe diameter measurements
shall be rounded to the nearest industry standard pipe size.
Manholes which present inconclusive evidence of III shall be reported as

candidates for dye water resting in order to determine whether or not the suspect
component is an III source. A prioritized list of manholes with suspect
components shall be developed and presented to the ClTY for review.
Phase 2
Phase 2 Field Investigation Work will consist of smoke testing. dye water flooding, cleaning
and television inspections, and data analysis. Quantities in Phase 2. will be made on the basis
of the ENGlNEER's recommendations and the CIT'r"'s approval at the completion of the
Flow Data Analysis (in Phase 1).
Task A. Public Information Program
The ENGINEER shall conduct a public notifieation program prior to the field
inspections in order to minimize potential alarm over the presence of field
personnel in backyards and over the potential for entry oftest smoke into the
various prerruses.
The ENGINEER will complete press releases to submit to the CITY, hold
informational meetings, and coordinate witb CITY staff.
Notification will be given to tbc property owners and tenants by the distribution
of door hangers at least 48 hours prior to commencing smoke testing activities.
The local fire department, police department, emergeney vehicle services
(EMSA) and the CITY staff will be notified eaeh day prior to tests through the
use of facsimile machines/email.
Exhibit 1\
Page 4 of 12
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20.a
Special coordination with property managers will be necessary for

hospitals, medical offices, banks, government buildings, and other large
commercial facilities.
The ENGINEER will respond to all telephone calls from property owners or
occupants in the study area during all active tasks of the project.
Task B. Smoke Testing
Smoke testing will be conducted using a dual axial blower teehnique. Smoke
testing lengths shall be limited to one line segment between the upstream and
downstream blower locations. Each l2-inch diameter and smaller segment shall
be isolated by sandbagging. Smoke candles shall be used to generate smoke for
the smoke testing. Segments totaling less than 500 feet may include straight
through manholes. Smoke testing will be performed only during dry ground
periods which are anticipated to be between July and September.
All defects identified by smoke testing will be flagged and photographed.

Smoke defect locations shall be recorded on sketches or by obtaining GPS
coordinates. All private sector smoke defeet images shall be entered into the
field inspection database.
Main line defects and service lateral defects will be carefully scrutinized to ensure
that a conservative determination of public vs. private side defects is made. If
necessary the line shall be recorded for television inspection.
During smoke testing, each building in the vicinity of the line segment will be
observed for evidence of illegal or illicit connections, and other defects. All
defects will be noted on the smoke test form. Where suspect defects are
identified but are not confinned by the smoke test, the building address, type,
and suspected defect shall be noted. All such buildings will be submitted to the
CITY as candidates for a detailed building inspection or dyed water flooding.
Upon review and approval by the CITY the buildings will be inspected by the
ENGINEER.
Task C. Dyed Water Flooding
Line segments requiring dye water testing will be identified based on smoke test
results. Prior to performing dye water testing, a list ofline segments
recommended for dyed water testing will be provided to the CITY for review and
approval. The line segments on the list will be annotated as to the priority and
reason for recommendation.
Dyed water flooding will be conducted at selected locations prior to televised

inspection to verify the existence of inflow and infiltration sources. Dye testing
Exhibit A
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20.a
will also be conducted concurrently with television inspeetions on those line

segments approved by the CITY for dye testing.
The dye water will be induced into the line by Ilooding storm sewers and drainage
ditches. Sufficient time will be allowed for the source to activate, at which time
the television inspection equipment will be introduced into the line segment.
Task D. Cleaning and Television Inspection
Upon eompletion of the visual pipe inspections and smoke testing, defective line
segments will be prioritized and a recommendation for television inspection will
be developed. Lines recommended for television inspection will be listed by
priority along with justification for the reeommendation, and presented to the
CITY for review and discussion. Television inspections shall be performed on
line segments which show evidence of deterioration, either through visual pipe
inspections or through smoke testing. Evidences of deterioration include active
III, roots, offset joints, cracked or eollapscd pipe, blockages, surcharging, or
deterioration and damage as evidenced hy smoke emission during smoke testing.
Lines for which acceptable television data is on hand will be excluded from the
list and will not be re-televised. Line segments that exhibit defects from smoke
testing, and the existing TV tape does not reveal defects, will be recommended to
be re-televised. Television inspection will be performed using high quality color
equipment and coded using PACP standards. Where appropriate, concurrent dye
testing will be conducted to pinpoint III sources.
ENGINEER will perform c1eauing and internal TV inspection of selected sewer

lines and record findings. Sanitary sewer lines will he cleaned in order to
facilitate the televised inspection activities. Standard cleaning rates are based on
two or three passes with ajet cleaner. In the event that additional cleaning or root
cutting is necessary, the ENGINEER will notify the CITY and obtain approval to
perform heavy cleaning at the rates specified. Root cutting is ineluded in the
heavy cleaning rates.
Duriug cleaning operations, all sludge, debris, etc. shall be removed from the
sewer and disposed of at a location provided by the CITY. The CITY shall
provide water for the eleaning operation at no charge to the ENGINEER.
Concurrent dyed water flooding will be performed with TV inspection to verify
locations of inflow defects. All data shall be provided in digital format.
The ENGINEER shall also review CCTV videos provided by the CITY. The
review will include a review of the CCTV inspection logs and video records as
well as recommendations for any repairs or rehabilitation that arc required for the
selected sewer segments.
Exhibit A
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20.a
Task E. Data Management I Quality Assurance
Each field inspection form will be reviewed to ensure that the field data is
complete and free from obvious errors or inaccuracies. Smoke test photos will be
reviewed to ensure that background reference features appear in the photo.
Manhole. visual pipe, smoke test and dyed water forms will be reviewed to ensure
that they correlate with the CITY's mapping system. Data entry will be
performed concurrently with the field inspections to ensure that errors arc
identified, addressed, and corrected as soon as possible after the inspection is
performed.
Defects observed during smoke testing. dyed water and any other observed
defects shall be captured with a digital camera and delivery to the CITY.
Discrepancies between the CITY's sewer maps and actual field conditions will
be recorded on standard forms and periodically delivered to the CITY.
Task F. Defect Analysis
At the conclusion of the field investigation services, an engineering analysis

of field survey data shall be performed to develop recommendations for
prioritizing III source repairs. Analysis will include:
• rehabilitation and improvement costs for manhole and line repairs.
• priority analysis for infiltration rehabilitation plan based on applicable

rehabilitation method, material, and costs.
• priority analysis for inflow rehabilitation plan based on applicable

rehabilitation method, material and costs.
• recommendations for rehabilitation of both public and private III sources

in priority order. cost estimates by individual rehabilitation type, and
estimated III reduction as a resull of the recommendations.
A description officld investigations, engineering analysis, and recummcnded

action to reduce III will be included.
Task G. Collection System Improvement Plan I Report
Working in conjunction with the CITY. an analysis will be performed to

determine the least cost plan for system improvements. The system hydraulic
model will be used to evaluate the required improvements for the selected
design condition considering growth and removal of defects identified in the
field investigations.
Exhibit A
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A capital improvement plan w ill be developed to provide a rehabilitation plan.

capacity improvements, a staged priority sehedule, and budget costs for
recommended projects.
The report will include a narrative discussion ofthc hydraulic analysis, field
investigations, exhibits, tables. and supporting information. The report will also
include findings, conclusions, and recommendations. It shall be organized and
presented in meaningful graphics, figures, and tables. The report shall include
the flow analysis and hydraulic model analysis including recommendations for
further investigation. A basin ranking will be presented along with the
recommended rehabilitation and associated cost based on the review of the
television tapes.
Three (3) copies of the draft report will be delivered 10 the CIT':{ for review
and eomments. Written comments will be received from the CJT':{ and
incorporated in the Final Report.
The ENGINEER will incorporate the written commcnls of the CI'I")'" and five (S)
copies will be delivered to the CITY. The final report will also be provided
digitally to the CITY on a CD for ease of review.
If requested, the ENGINEER will prepare a presentation to the CITY. The

presentation will cover the condition of the collection system with regard to the
proposed system rehabilitation. cost estimates and other needs and requirements.
Task H. CityWorks Database
The ENGINEER will provide a database of the inspection results to populate the
CITY's CityWorks MMS. The data fields will include the following:
t\1anhok Inspection Data

Smoke Testing Data
Identification Number
GPS Coordinates Defect Type
Address Defect Address
Location
Depth CCTV
Construction Material
Pipe Observations in
Pipeline Data PACP format
Length
Diameter
Material
Exhibit A
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20.a
PROJECT SCHEDULE
FOR
Sanitary Sewer System Evaluation Southwest Irving Basin
The Scope of Services for this PROJECT is based on the following schedule:
2011
A ril Ma June Julv Aueus Sc t
Data Review
Flow Monitori ~
Flow Anal sis
Prioritization / Elimination
Manlole IrE ectionl GPS
GIS M in u dates
Srmke testing
ed Water Floodm
Intenal Pi Ins ection
Ana sis
Prioritization ICIP Decelo rrent
Report
Exhibit A
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COMPENSATION
FOR
Sanitary Sewer System Evaluation - Southwest Irvmg Basin
I. COMPENSATION
For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay,
and the ENGINEER shall receive the compensation hereinafter set forth for the evaluation of the
collection system. All remittances by CITY of such eompensation shall either be mailed or
delivered to the ENGINEER's home office as identified in the work authorization.
It is understood that the east budgets are based upon ENGINEER's best estimate of work and
level of effort required for the proposed seope of serviees. As the PROJECT progresses, it is
possible that the level of effort and/or seope may differ up or down from that assumed.
If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing
and shall Include a revised scope of services, estimated cost, revised fee schedule, and a revised
time of completion. Upon negotiation and agreement via a signed amendment by both parties,
the cost budget, fee schedule, and total budget will be adjusted accordingly.
CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost
budget. The ENGINEER shall not be obligated 10 perform on any change in scope of work or
otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the
total budget for Engineering Services has been increased and shall have specified in such notice
a revised total budget which shall thereupon constitute a total budget for Engineering Services
for performance under this Agreement.
A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and
executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering
Service(s).
II. PAYMENT
Payments to the ENGINEER will be made as follows:
A. Invoice and Time of Payment
Monthly invoices will be issued by the ENGINEER for all work performed under this
Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a
format approved by the CITY prior to submission of the first monthly invoice. Once
approved, the CITY agrees not to require changes in the invoice format, but reserves the
Exhibit A
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right to audit. Monthly payment of the fee will be in proportion to the percent
completion ofthc total work as indicated in Scope of Services.
Upon completion of services enumerated in Scope of Basic Engineering Services, the
final payment of any balance will be due upon receipt ofthc final invoice.
Compensation for Services Table
UNIT
PHASE TASK QUANTITY UNIT COST TOTAL COST
lA Project Administration 1 1.S $10.660.00 $10,660
IB Data Review 1 1.S $3,580.00 $3.580
IC Field Verification I 1.5 $2.585.00 $2,585
1D Flow Monitoring (10 meters)
1D Site Selection 8 Meter $321.50 $2,572
1D Install 8 Meters $375.50 $3,004
1D Maintain / Remove 480 M-D M-D $52.13 $25,022
1D Rain Gauge Installation 4 Gauges $315.00 $1,260
1D Rain Gauge Maintenance 240 G-D G-D $18.43 $4,423
IE Flow Dma Management 480 M-D M-D $11.43 $5,486
If flow Data Analysis 8 Meters $1085.00 $8,680
IG GP5/Mapping 632 EA $30.12 $19,036
111 Manhole Inspection 490 EA $96.18 $47,128
111 Cleanout Inspection 142 EA $67.04 $9,520
2A Public Information 1 1.5 $7,630 $7,630
2B Smoke Testing 140.000 1.F $0.410 $57,200
2C Dyed Water Flooding 24 EA $425.83 $10,220
2D TVICleaning Allowance 1.F $50,386
2D TV Supervision/ Concurrent
Dye 14,000 1.F $1.46 $20,470
2D City CCTV Video Review 24.600 1.F $0.32 $7,872
2E Data Management 1 1.5 $10,540 $10,540
2F Defect Analysis 1 1.5 $10.000 $10,000
2G Improvement Plan/Report 1 1.5 $24.410 $24,410
211 CityWorks Database I LS $8,270 $8,270
TOTAL $349,954
Exhibit A
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SERVICES TO BE PROVIDED BY THE CITY
FOR
Sanitary Sewer System Evaluation - Southwest Irving Basin
The CITY will provide the following services to the ENGrNEER in the performance of the PROJECT
upon request:
A. Provide any existing data the CITY has on file concerning the PROJECT.
B. Provide any available wastewater flow data.
C. Provide any available As-Built plans for existing sanitary sewer mains.
D. Assist the ENGINEER, as necessary, in obtaining any required data and information from local
utility companies.
E. Provide standard details and specifications in digital format.
F. Provide water and water meter for inspection at no cost to the ENGINEER.
G. Give prompt written notice 10 ENGINEER whenever CITY observes or otherwise becomes aware
of any development that affects the seope or timing of the ENGINEER's services.
H. Provide access to the wastewater collection system.
I. Review all submittals of the ENGINEER and provide comments in a timely manner.
Exhibit A
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City of Irving
Dis claimer/Limitation of Liability :
All data, specific ally including the geographic data herein are prov ided "as is"
without warranty of any k ind, either express ed or implied, or statutory , including,
but not limited to, the implied warranties of merchantability and fitness for a
particular purpos e. The us er assumes the entire risk as to the quality and
performanc e of the data. SewerSubBasins.mxd
Sanitary Sewer Evaluation Survey
Created by Water Utilities
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Packet Pg. 206
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3765

Recommending Department: Irving Convention & Visitors Bureau LSR No: 11874
Resolution -- Approving Payment of Operating Funds to SMG (Convention

Center Operator) as Budgeted
2. Impact: The successful operation of the Irving Convention Center will impact Irving
residents positively by generating incremental hotel occupancy, sales and use
taxes.
3. The City of Irving has a contract for management and operations of the convention
center with SMG, acting as the City’s agent. The contract and its associated
purchase orders address the management and consulting fees, and the
performance incentives.
4. Although the Bureau’s operating budget for 2010-11, as authorized by the City
Council, includes the convention center’s operating budget and an annual operating
subsidy for the convention center, there is a need in this first year of operations to
establish a specific mechanism to authorize the transfer of those operating subsidy
funds to SMG as outlined in the contract, as well as transfer other funds within the
approved budget to SMG to cover direct costs for any services provided on the
Bureau’s behalf, i.e., industry opening events, client familiarization events, specific
event subsidies for bidding requirements, etc.
5. Funding in the amount of $1,293,370.00 (amount budgeted for subsidy) is available
in the Bureau’s General Fund; funding up to $385,000.00 for the other direct costs
is available in the Convention Center Fund.
Recommendation
In future budget years, this transfer mechanism will be included in the authorization of the
Bureau operating budget, and would not require further Council action.

2001-3507-564106-800 Budget: $1,293,370.00 Actual: $1,293,370.00
2060-1001-566288-908049 Budget: $385,000.00 Actual: $385,000.00
Prepared: 1/3/2011 01:47 PM by Jane Kilburn
Last Updated: 1/5/2011 09:20 AM by Jane Kilburn
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CITY OF IRVING
WHEREAS, pursuant to Resolution 6-28-07-244, the City of Irving, the Irving Convention and
Visitors Bureau and SMG, a Pennsylvania general partnership, executed a Pre-Opening Consulting and
Management Agreement (Agreement) related to the design and operations of the Irving Convention
Center (Center); and
WHEREAS, the Agreement provides that following the approval of the proposed Center fiscal year
budget, the City shall make available to SMG the funds necessary to pay all Operating Expenses
incurred or accrued in that fiscal year; and
WHEREAS, pursuant to Ordinance No. ORD-2010-9208, the City Council approved the Convention &
Visitors Bureau Budget, which included the Center’s budget and supplemental Bureau-sponsored event
expenses, including opening event costs, for fiscal year 2010-2011; now therefore
SECTION I. THAT the City Council hereby approves the payment during fiscal year 2010-2011 to
SMG of Operating Expenses, to the extent Operating Revenues during a calendar quarter
are insufficient to cover such expenses, as those terms are defined in the Irving
Convention Center Pre-Opening Consulting and Management Agreement, and cover
Bureau-sponsored event expenses, including opening events, as budgeted.
SECTION II. THAT this expenditure, in an amount not to exceed $1,293,370.00 shall be charged to
Account No. 2201-3507-564106-800; and in an amount not to exceed $385,000.00 shall
be charged to Account No. 2060-1001-566288-908049.
______________________________
Max S. Duplant, CPA
Packet Pg. 208

21
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 209

22
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3763

Recommending Department: Housing and Human Services LSR No:
Resolution -- Approving the La Buena Vida Foundation Application for

Community Development Block Grant Funds for Construction of a
Residential Center for At-Risk Youth
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: This action will approve the application from the La Buena Vida
Foundation, Inc. (LBVF), for $246,000 in Community Development Block Grant
funding for the development of a residential center for at-risk youth.
3. The request for this funding was made by the LBVF in order to target a specialized
segment of the city’s at-risk population of young adults, who range in age from 18 -
23 years old.
4. The City of Irving currently owns a vacant lot on 210 Maltby and the LBVF is
requesting this site for the development of the facility.
5. Based upon guidance from the U. S. Department of Housing and Urban
Development (HUD) the City would build and maintain ownership of the facility until
conclusion of the City’s agreement with LBVF. If the recommendation is approved,
staff will proceed to put the construction of the house out to bid. Upon receipt of
bids, the award of the construction contract and the final agreement with LBVF will
be submitted to Council, Those items will include the final plans and specifications
for the construction project.
6. Additional guidance from HUD also stipulates that the program would be operated
through a “lease agreement” with the LBVF. LBVF would be responsible for
following the requirements of the City of Irving and HUD which include limiting the
use of Federal funds to assist the homeless. Transfer of ownership of the facility to
LBVF would be consummated at the culmination of the lease term as long as
performance standards and compliance with federal regulations are met.
7. The Community Services Committee was briefed on this proposed project at its
November 10, 2010, meeting.
8. The Housing and Human Services Board approved the recommendation to utilize
Federal funds for the construction of a facility at its December 15, 2010, meeting,
with a vote of 6-1.
9. Funding in the amount of $246,000.00 is available in the Community Development
Block Grant Fund.
Recommendation
Packet Pg. 210

22
Contract Required: N/A Review Completed By: N/A

.
ATTACHMENTS:
CM memo - LBVF Efforts - 010611 (DOCX)

201010-4255-56401-910052 Budget: $246,000 Actual: $246,000
Prepared: 12/29/2010 10:40 AM by Vicki Ebner
Last Updated: 1/6/2011 03:16 PM by Vicki Ebner
Packet Pg. 211

22
CITY OF IRVING
WHEREAS, the La Buena Vida Foundation submitted an application to the City of Irving to
provide services and housing to at-risk, homeless youth; and
WHEREAS, the City of Irving owns property at 210 Maltby that can be utilized for this
purpose; and
WHEREAS, Federal funds were set aside for the construction of a public facility;

IRVING, TEXAS:
SECTION I. THAT the City of Irving utilize up to $246,000.00 in Community Development Block
Grant funds for the construction of a facility to serve homeless youth, to be operated
by the La Buena Vida Foundation.
__________________________________
Max S. Duplant, CPA
Packet Pg. 212

22
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 213

22.a
To: Tommy Gonzalez, City Manager

Larry Boyd, Police Chief
From: Chris Hooper, Housing and Human Services Director
Attachment: CM memo - LBVF Efforts - 010611 (3763 : 42 Youth Shelter)

Date: January 6, 2011
Subject: Agenda Item: La Buena Vida Foundation Application for CDBG funds
The Housing and Human Services Board has recommended approval of the use of $246,000 in
Community Development Block Grant funding to allow for the development of a residential center
for homeless youth. The following information and timeline is provided in order to give you a
succinct overview and history of how this request for CDBG funds was initiated as well as the
facilitation of the group’s application for these funds.
2009
October Discussions between Housing and Human Services (HHS) staff and
Advocates for Homeless Teens (AHT) began
October 14 Re-program of funds approved by HHS Board for “Teen Homelessness

Initiative”
November 5 HHS staff and Irving Independent School District representatives discuss
issues related to this initiative
November 12 HHS staff met with AHT to discuss need for business plan and
application for funds
2010
February 18 HHS staff established a protocol and criteria for applying for public
facilities funding
March 5 HHS staff and AHT met to discuss evaluation of preliminary application
May Regular meetings between Office of the Mayor, AHT, and HHS staff
began
Packet Pg. 214

22.a
Page 2 of 2
June AHT formed partnership with La Buena Vida Foundation (LBVF)
September 14 LBVF submitted application for CDBG funding to HHS Board and
Department simultaneously
September 15 Preliminary presentation by LBVF to the HHS Board; HHS Board

requested completion of operations plan and plan for obtaining
additional funding
October 1 HHS staff communicated items which needed to be addressed prior to

consideration of action by the HHS Board
Attachment: CM memo - LBVF Efforts - 010611 (3763 : 42 Youth Shelter)

October 18 AHT met with City Manager to update on project
October 20 LBVF presented update to the HHS Board on project
November 10 LBVF provided briefing to City Council Community Services Committee
December 15 HHS Board recommended approval of project
At this point, the LBVF has met the criteria set forth for project eligibility for use of CDBG funds and
staff concurs with the HHS Board’s recommendation. If the recommendation is approved, staff will
proceed to put the construction of the house out to bid. Upon receipt of bids, the award of the
construction contract and the final agreement with LBVF will be submitted to Council. Those items
will include the final plans and specifications for the construction project. Please advise of any
questions or additional information regarding this agenda item.
Packet Pg. 215

23
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3755

Recommending Department: Intergovernmental Services - LSR No: 11812
Purchasing
Resolution -- Approving a Mutual Cooperative Purchasing Agreement

Between the City of Irving and the City of Anna
2. This item has been recommended by Intergovernmental Services & Public Works –
Purchasing.
3. Impact: Entering into this mutual cooperative purchasing agreement allows both
governmental entities to utilize each other’s contracts for fuel for anticipated savings
to each entity.
Recommendation
.
This agreement will enable the City of Anna and the City of Irving to purchase services and
goods awarded through either entity’s competitively solicited contracts. The City of Irving
encourages cooperative purchasing with other governmental entities as a valuable tool for
obtaining goods and services at a competitive cost and in a timely manner. Currently the City
of Irving has entered into mutual cooperative purchasing agreements with 16 municipalities
and six counties, and participates in seven cooperative purchasing programs.
ATTACHMENTS:
Mutual Cooperative Purchasing Agreement (PDF)

None
Prepared: 12/22/2010 03:44 PM by Jan Bentley
Last Updated: 1/3/2011 10:08 AM by Cecilia Castillo
Packet Pg. 216

23
CITY OF IRVING
WHEREAS, this agreement is authorized by Chapter 791 of the Texas Government Code and
Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 791.011 of the Texas Government Code authorizes a local government to
contract or agree with another local government to perform governmental functions and services; and
WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local
government to participate in a cooperative purchasing program with another local government or a
local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a cooperative
purchasing program with another local government satisfies the requirement of the local government to
seek competitive bids for the purchase of the goods and services; and
WHEREAS, participation in a cooperative purchasing program will be highly beneficial to the

cities of Anna and Irving through the anticipated savings to be realized and is of mutual concern to the
contracting parties;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Anna and the City of Irving for participation in various contracts for the purchase of
goods and services, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
Packet Pg. 217

23
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 218

Attachment: Mutual Cooperative Purchasing Agreement (3755 : 30 Cooperative Agreement with the City
Packet Pg. 219

23.a
STATE OF TEXAS §
§
COUNTIES OF
DALLAS AND COLLIN §
MUTUAL COOPERATIVE PURCHASING AGREEMENT
This Interlocal Cooperation Agreement (“Agreement”) is by and between the City of

Anna, Texas (“Anna”), and the City of Irving, Texas (“Irving”), acting by and through their
authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government

Code and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 791.011 of the TEX .GOV’T. CODE authorizes a local government
to contract or agree with another local government to perform governmental functions and
services; and
WHEREAS, Section 271.102 of the TEx. Loc. Gov’T CODE authorizes a local
government to participate in a Cooperative Purchasing Program with another local government
or a local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a

Cooperative Purchasing Program with another local government satisfies the requirement of the
local government to seek competitive bids for the purchase of the goods and materials; and
WHEREAS, each party has and will on an annual basis obtain competitive bids for the
purchase of goods and services; and
WHEREAS, the parties desire to enter into a cooperative purchasing program which will
allow each party to purchase under goods and services under each other’s competitively bid
contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. GOV’T CODE;
NOW THEREFORE, in consideration of the mutual covenants and promises contained

herein, the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is for the cities of Irving and Anna to establish a
cooperative purchasing program between the parties, which will allow each party to purchase
goods and services under each other’s competitively bid contracts pursuant to Subchapter F,
Chapter 271 of the TEx. Loc. GOV’T CODE.
Packet Pg. 220

23.a
ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on the last
date of execution hereof (“Effective Date”). Thereafter this Agreement shall automatically
renew for successive periods of one (1) year each under the terms and conditions stated herein,
unless sooner terminated as provided herein.
ARTICLE Ill
TERMINATION
Either party may terminate this Agreement by providing thirty (30) days prior written
notice to the other party.
ARTICLE IV
PURCHASING
The City Manager or designee are hereby authorized to act on behalf of the respective
party in all matters relating to this cooperative purchasing program. Each party shall make
payments to the other party or directly to the vendor under the contract made pursuant to
Subchapter F, Chapter 271 of the TEx. Loc. GOV’T CODE. Each party shall be responsible for the
respective vendor’s compliance with provisions relating to the quality of items and terms of
delivery.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership, association, joint venture or trust.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed
received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt
Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the
address set forth below the signature of the party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement of both
parties hereto.
5.4 Severability: In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
Packet Pg. 221

23.a
5.5 Governing Law: The validity of this Agreement and any of its terms and provisions as
well as the rights and duties of the parties, shall be governed by the laws of the State of Texas;
and venue for any action concerning this Agreement shall be in the State District Court of Dallas
County, Texas.
5.6 Entire Agreement: This Agreement represents the entire agreement among the parties
with respect to the subject matter covered by this Agreement. There is no other collateral, oral or
written agreement between the parties that in any manner relates to the subject matter of this
Agreement.
5.7 Recitals: The recitals to this Agreement are incorporated herein.
5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of
whom shall be deemed an original and co tute one and the same instrument.
EXECUTED this day of ,2010.
CITY OF ANNA, TEXAS
B:
APPOD AS TO FORM:
EXECUTED this day of , 2010.
By:
HERBERT A. GEARS, MAYOR
ATTEST:
Shanae Jennings, Acting City Secretary

City Secretary
City Attorney’s Office

24
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3752

Resolution -- Approving and Accepting the Bid of Dal-Ec Construction Ltd,

for the Installation of a Generator at the Irving Criminal Justice Center
(ICJC)
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 9:
Infrastructure.
2. This item has been recommended by the Capital Improvement Program
Department.
3. Impact: The generator replacement will enhance the emergency back-up power
system of the ICJC. It provides the entire building with emergency power capability
to ensure the continuity of mission critical operations in the event of a power
outage. This public safety facility houses the 911 call center and the city jail.
4. Dal-Ec Construction will act as the prime contractor for the project to coordinate the
civil, mechanical, electrical, and plumbing trades for the installation of a new 600
KW generator. The generator was purchased November 2009 as part of a
Homeland Security grant, but the installation falls under this contract. The existing
360 KW generator will be salvaged and utilized in conjunction with the new
generator.
award is 17%.
6. Funding in the net amount of $479,682.75 is available in the City Building
Improvement Bond Fund and $136,000.00 is available in the Emergency
Management Grant Fund.
FY2010-11
Exp.
Vendor (Current FY) Total
Dal-Ec Construction Ltd $615,682.75 $615,682.75

(One time only)
Recommendation
Contract Required: Yes Review Completed By: Carrie Morris, City’s
standard NCLC
Previous Action: LSR #10942 Council Action: N/A
Packet Pg. 222

24
Comments: Purchasing sent solicitation notices to 585 vendors, of which 470 were M/WBE
vendors for 021D-11F. The City received six responses, in which two responses were
M/WBE vendors. The lowest, responsive responsible bidder has withdrawn their bid due to
an error in the bid submission. The base bid amount for this item is $479,682.75 alternate
was added at $136,000.00. Capital Improvement Program Department recommends this
award in the amount of $615,682.75.
ATTACHMENTS:
Response Summary (PDF)

4030-2212-71101-910049 Budget: $479,682.75 Actual: $479,682.75
2076-0491-75501-9157 Budget: $ 68,000.00 Actual: $ 68,000.00
2076-0491-75501-9183 Budget: $ 68,000.00 Actual: $ 68,000.00
P0188626
Prepared: 12/22/2010 10:44 AM by Jan Bentley
Last Updated: 1/6/2011 09:56 AM by Lana King
Packet Pg. 223

24
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Dal-Ec Construction
Ltd, in the amount of $615,682.75 for the Installation of a Generator at the Irving
Criminal Justice Center and awards the contract to said company in said amount and
authorizes the Mayor to execute said contract.
SECTION II. THAT this expenditure shall be charged to Account No. 4030-2212-71101-910049 in
the amount of $479,682.75, Account No. 2076-0491-75501-9157 in the amount of
$68,000.00, and Account No. 2076-0491-75501-9183 in the amount of $68,000.00.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 224

24.a
City of Irving, Texas Response Summary
ITB Number: 021D-11F Installation of Generator at Irving Criminal Justice Center
Senior Purchasing Agent, Darlene Rush, 972-721-3752
Closing Date: November 19, 2010
*Recommended for Award
Vendors Lemco Construction

SCM Construction, Inc. *Dal-Ec Construction Ltd. Services, L.P.
Item # Descriptions Qty Unit Unit Price Total Unit Price Total Unit Price Total
Install Owner furnished Emergency

Generators, Complete, including Demolition
and Removals, Temporary Fencing,
Earthwork and Select Fill, Concrete
Attachment: Response Summary (3752 : 30P19 Awd Dal-EC for CJC Generator Installation)
Equipment Foundations and House Keeping
Pads, Concrete walks and pavement,
Grease Trap and Sanitary Sewer, New Gas
Service/Meter and Gas Line, Temporary
1 1 LS $273,000.00 $273,000.00 $403,000.00 $403,000.00 $425,000.00 $425,000.00
Removal/Replacement of Existing Generator,
Transformer Pad, Electrical Work, Controls
and interfacing Generator system load shed
with existing Building Automation System,
Lights, Conduits, Placement of Generators
and Fuel Tank, Installation of Owner
furnished Switches and Gear, Provisions for
Temporary power and all related work,
incidentals and appurtenances, for the Lump
Sum of:
Proprietary system of Stone Walls, Grade

Beams and Steel Gates By TRW Walls,
2 1 LS $69,417.00 $69,417.00 $69,417.00 $69,417.00 $69,417.00 $69,417.00
(Contractor is required to sub-contract this
portion of the project to TRW Walls)
Complete for the Lump Sum of:
Costs for Oncor Electric Delivery to remove
and reinstall existing pad mounted
transformer, during other than normal
3 business hours 1 LS $5,015.75 $5,015.75 $5,015.75 $5,015.75 $5,015.75 $5,015.75
(Contractor is required to coordinate with
Oncor for this work and pay all costs directly
to Oncor)
Allowance for Siemens to interface generator

load shed controls with existing Siemens
4 automation system and make required 1 LS $2,250.00 $2,250.00 $2,250.00 $2,250.00 $2,250.00 $2,250.00
programming changes. (Contractor is
required to coordinate with Siemens for this
work and pay all costs directly to Siemens)
TOTAL BASE BID: $349,682.75 $479,682.75 $501,682.75
Bid Alternates:
Replace the existing service entrance

conduits from the Oncor transformer to the
point of connection to the new conduits
routed to new main switchboard 'MSB" and
1 from the existing main switchboard to the 1 LS $34,900.00 $34,900.00 $23,000.00 $23,000.00 $9,000.00 $9,000.00
routed to new transfer switch 'ATS", including
saw cutting, removal of existing concrete
drive and reconstruction of concrete
pavement/ curbs, trenching and backfilling
for new conduits and tie-ins at each end.
Furnish and install main switchboard 'MSB",
2 generator switchboard "GSB", and automatic 1 LS $125,000.00 $125,000.00 $136,000.00 $136,000.00 $115,000.00 $115,000.00
transfer switch "ATS".
Number of calendar days to complete upon which bid is based: 100 days 180 days 90 days
1 of 2
Packet Pg. 225

24.a
ITB Number: 021D-11F Installation of Generator at Irving Criminal Justice Center
Senior Purchasing Agent, Darlene Rush, 972-721-3752
Closing Date: November 19, 2010
Vendors Greater Southwest

Constructors, Inc. Mart, Inc. MDI Inc. General Contractors
Item # Descriptions Qty Unit Unit Price Total Unit Price Total Unit Price Total
Install Owner furnished Emergency

Generators, Complete, including Demolition
and Removals, Temporary Fencing,
Earthwork and Select Fill, Concrete
Equipment Foundations and House Keeping
Attachment: Response Summary (3752 : 30P19 Awd Dal-EC for CJC Generator Installation)
Pads, Concrete walks and pavement,
Grease Trap and Sanitary Sewer, New Gas
1 Service/Meter and Gas Line, Temporary 1 LS $481,120.00 $481,120.00 $495,752.00 $495,752.00 $583,964.00 $583,964.00
Removal/Replacement of Existing Generator,
Transformer Pad, Electrical Work, Controls
and interfacing Generator system load shed
with existing Building Automation System,
Lights, Conduits, Placement of Generators
and Fuel Tank, Installation of Owner
furnished Switches and Gear, Provisions for
Temporary power and all related work,
incidentals and appurtenances, for the Lump
Sum of:
Proprietary system of Stone Walls, Grade

Beams and Steel Gates By TRW Walls,
2 1 LS $69,417.00 $69,417.00 $69,417.00 $69,417.00 $69,417.00 $69,417.00
(Contractor is required to sub-contract this
portion of the project to TRW Walls)
Complete for the Lump Sum of:
Costs for Oncor Electric Delivery to remove
and reinstall existing pad mounted
transformer, during other than normal
3 business hours 1 LS $5,015.75 $5,015.75 $5,015.75 $5,015.75 $5,015.75 $5,015.75
(Contractor is required to coordinate with
Oncor for this work and pay all costs directly
to Oncor)
Allowance for Siemens to interface generator

load shed controls with existing Siemens
4 automation system and make required 1 LS $2,250.00 $2,250.00 $2,250.00 $2,250.00 $2,250.00 $2,250.00
programming changes. (Contractor is
required to coordinate with Siemens for this
work and pay all costs directly to Siemens)
TOTAL BASE BID: $557,802.75 $572,434.75 $660,646.75
Bid Alternates:
Replace the existing service entrance

conduits from the Oncor transformer to the
routed to new main switchboard 'MSB" and
1 from the existing main switchboard to the 1 LS $6,547.00 $6,547.00 $4,883.00 $4,883.00 $10,000.00 $10,000.00
routed to new transfer switch 'ATS", including
saw cutting, removal of existing concrete
drive and reconstruction of concrete
pavement/ curbs, trenching and backfilling
for new conduits and tie-ins at each end.
Furnish and install main switchboard 'MSB",
2 generator switchboard "GSB", and automatic 1 LS $106,635.00 $106,635.00 $125,005.00 $125,005.00 $120,000.00 $120,000.00
transfer switch "ATS".
Number of calendar days to complete upon which bid is based: 120 days 80 days Not included
2 of 2
Packet Pg. 226

25
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3753

Recommending Department: Capital Improvement Program LSR No:
Resolution -- Approving and Accepting the Bid of Library Interiors of

Texas, LLC, for the Construct and Install Three Service Desks for West
Irving Library
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. This item has been recommended by the Capital Improvements Program
Department.
3. Impact: This award provides for construction and installation of the circulation,
information and service desks for reservation stations and printers for the new
25,000 square foot West Irving Library.
award is 100%.
5. Funding in the net amount of $72,711.13 is available in the Library Bond Fund.
FY2010-11
Vendor Total Exp.
Library Interiors of Texas, LLC (Current FY)
One time only
Total Amount $72,711.13
Recommendation
Contract Required: Yes Review Completed By: City’s standard NCLC
Comments: Purchasing sent solicitation notices to 22 vendors, of which nine were M/WBE
vendors for #053M-11F. The city received four responses, of which two were M/WBE
vendors. This award is recommended to the lowest, responsive responsible bidder.
ATTACHMENTS:
Response Summary (PDF)
Packet Pg. 227

25

4010-1402-71101-909045 Budget: $72,711.13 Award: $72,711.13
P0188590
Prepared: 12/22/2010 11:47 AM by Jan Bentley
Last Updated: 1/6/2011 05:03 PM by Marsha Hughes
Packet Pg. 228

25
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Library Interiors of
Texas, LLC in the amount of $72,711.13 for Library Furnishings for the Construct
and Install of Three Service Desks for West Irving Library and awards the contract to
said company in said amount and authorizes the Mayor to execute said contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 229

ITB Number: 053M-11F Construct and Install Three Service Desks in West Irving Library
Marsha Hughes, Purchasing Agent, (972) 721-3754
Closing Date: December 17, 2010
*Recommended for Award
Vendors *Library Interiors of Texas, LLC We Build, Inc. Mart, Inc. Libra-Tech Corporation
Item Unit Price Total Unit Unit Price Total Unit Unit Price Total Unit Unit Price Total Unit
Qty Descriptions Total Price Total Price Total Price Total Price
# Labor Price Labor Price Labor Price Labor Price
Provide all material and labor to
Lump
construct and install Service Desk #1 as $11,192.84 $13,680.14 $24,872.98 $27,068.00 $33,500.00 $33,391.00
Sum
1 per plan for a sum of:
Lump
Sum
Lump
Sum
TOTAL BID $72,711.13 $73,358.00 $78,200.00 $97,594.00
This response summary is a listing of those who responded and their pricing. However, the responses have not been evaluated and the bidders have not
been determined to be responsive at this time. After a complete review of the bids, a recommendation for award will be made and posted online. Unless
stated otherwise in the solicitation documents, award will be made to the lowest, responsive bidder who is deemed able to meet the requirements and
qualifications of the specifications.
Packet Pg. 230
25.a
1 of 1
Attachment: Response Summary (3753 : 30P19 Awd Library Interiors for West Irv Library)
26
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3756

Recommending Department: Information Technology LSR No: 11839
Resolution -- Approving the Lease with Xerox for a Color Copier Utilizing
the State of Texas Cooperative Purchasing Program or The Cooperative
Purchasing Network (TCPN) Program
1. This item supports Strategic Goals No. 8: Sound Governance and No.10:
Environmentally Sustainable Community.
2. This item has been recommended by Information Technology.
3. Impact: The new lease will create a monthly savings of $1,688.46 and the copier
utilizes an EA Toner which eliminates the need for fuser oil, improves image quality,
and is better for the environment.
4. This lease includes both an XC800 (XEROX COLOR 800) and one EX1000 (FIERY
SERV) resulting in the digital color copier that best meets the needs of print
services.
5. Funding in the net estimated annual amount of $137,112.36 or a total of
$685,561.80 for this five-year contract will be available in the General Fund.
FY2010-11 FY2011-12 FY2012-13 FY2013-14 FY2014-15 FY2015-16 Five-Year
Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp.
Vendor (Jan.-Sept.) (Oct.-Dec.)
Xerox $102,834.27 $137,112.36 $137,112.36 $137,112.36 $137,112.36 $34,278.09 $685,561.80
Recommendation
The City of Irving entered into Cooperative Purchasing Programs with the State of Texas on
August 5, 1999, and with the Region IV Education Service Center, which sponsors The
Cooperative Purchasing Network (TCPN) on December 9, 2004. This lease meets
competitive bid requirements with the State of Texas statutes, rules, policies, and procedures.
Purchasing assigned #058M-11F to this item for tracking purposes.
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1001-1001-561603-100 Budget: $102,834.27 Actual: $102,834.27
P0188620
Prepared: 12/22/2010 03:47 PM by Marsha Hughes
Last Updated: 1/4/2011 04:53 PM by Mary Galloway
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the 60-month lease from Xerox in the net
estimated amount of $102,834.27 for the time period of January 13, 2011, through
September 30, 2011; in the net estimated amount of $137,112.36 for the period of
October 1, 2011, through September 30, 2012; in the net estimated amount of
$137,112.36 for the period of October 1, 2012, through September 30, 2013; in the net
estimated amount of $137,112.36 for the period of October 1, 2013, through
September 30, 2014; in the net estimated amount of $137,112.36 for the period of
October 1, 2014, through September 30, 2015; and in the net estimated amount of
$34,278.09 for the period of October 1, 2015 through January 12, 2016, subject to
funds being appropriated in Fiscal Years 2011-2012, 2012-13, 2013-14, 2014-15, and
2015-16, for a Copier utilizing the State of Texas Cooperative Program or The
Cooperative Purchasing Network (TCPN) Program, and awards the lease to said
company in said amounts, and authorizes the Mayor to execute any necessary
contract.
SECTION II. THAT this expenditure shall be charged to Acct. No. 1001-1001-561603-100.

__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3769

Recommending Department: Management Operations LSR No: N/A
Ordinance -- Budget Adjustment to the 2010-11 Fiscal Year Budget

2. Budget adjustments are needed in the following funds: General Fund, General
Interest and Sinking Fund.
Recommendation
• Contract Required: No • Review Completed By: C. Anderson
• Previous Action: N/A • Council Action: N/A
• .
ATTACHMENTS:
• Budget Adjustment memo (PDF)

The transfer will partially offset projected declines in General Fund revenues for the current
year.
Prepared: 1/5/2011 08:35 AM by Shelle Womack
Last Updated: 1/7/2011 09:35 AM by Kim Nguyen
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ORDINANCE NO. (ID # 3769)
AN ORDINANCE AMENDING ORDINANCE NO. 2010-9208 PROVIDING FOR BUDGETARY

ADJUSTMENT AND TRANSFERS TO THE 2010-2011 CITY OF IRVING GENERAL FUND
BUDGET AND GENERAL INTEREST AND SINKING FUND BUDGET.
WHEREAS, the City Council finds that amendment of the 2010-2011 City of Irving Budget is
required for municipal purposes pursuant to Section 102.010, Texas Local Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 2010-9208 (2010-2011 Budget Ordinance)
is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein for all purposes.
SECTION 2. That true copies of said budget amendment as approved and adopted shall be
filed in the Office of the County Clerk of Dallas County, Texas.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Budget Adjustment memo (3769 : 09 - Budget Adjustment)
27.a
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27.a
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3715

Recommending Department: Planning & Inspections LSR No: N/A
Ordinance -- Amending Section 35 - Subdivisions of Part IV City Of Irving

Land Development Code to Require Utilities to be Installed Underground
with New Development
1. This item supports Strategic Goal No. 1: Land Use
2. Impact: This amendment will improve the appearance of neighborhoods and
corridors.
3. Planning and Zoning Commission Hearing Date and Recommendation: January 3,
2011 – Favorable, 7-0 (Commissioners Palmer and Allen, absent)
4. This is an amendment to the Subdivision Ordinance to require, as part of the
platting process, all new utilities serving a new development to be installed
underground.
5. This ordinance memorializes the existing practice of requiring underground utilities
as part of site plan zoning cases and other development plans. Underground
utilities are already required for new development in the Heritage Crossing area as
well as deed restricted areas of the city.
6. In the fall of 2009, the City adopted an amendment to the Electrical Code requiring
all new electrical service drops to be installed underground. This ordinance would
require other utility services such as telephone and cable to also be installed
underground.
7. This ordinance acknowledges the current regulatory scheme and case law in Texas
in that the obligation to pay for the undergrounding rests with the developer, not
with the utility company.
8. This item was reviewed by the Planning and Development Committee on
September 23, 2010.
Recommendation
Commission.
• Contract Required: N/A • Review Completed By: Kuruvilla Oommen
ATTACHMENTS:
• A: City Council Memo (PDF)
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NONE
Prepared: 11/24/2010 03:18 PM by Cynthia Castro
Last Updated: 1/6/2011 02:36 PM by Steven Reed
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AN ORDINANCE AMENDING PART IV (SUBDIVISIONS) OF THE IRVING LAND

DEVELOPMENT CODE BY ADDING SECTION 35-16.2 TO PROVIDE FOR
UNDERGROUNDING OF UTILITIES; AND PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION 1. That Part IV (Subdivisions) of the Irving Land Development Code is hereby
amended by adding Section 35-16.2 to read as follows:
Sec. 35-16.2. Undergrounding utilities.
(a) Generally. Utility service placed within developments for which subdivision plats were approved by
the city after January 13, 2011, shall conform to the requirements of this section.
(b) Definitions.
(1) Utility service shall mean electrical and communication distribution and service, such as electrical,
telephone, internet, and television service or similar service, in which lines, cables, or wires are used
for distribution or delivery of the utility service to the end user of such service. Utility service shall
not include an electric transmission system.
(2) Electric transmission system shall mean all conductors, circuit breakers, switches, and related facilities
and appurtenances of the 69 kV or above electric transmission system.
(c) Residential, commercial, and industrial. Utility service for residential subdivision, multi-family,
commercial, and industrial developments shall be installed and maintained underground in compliance with
applicable utility service regulations.
(d) Auxiliary equipment; street and site lighting equipment. In those areas in which utility service is
required by this section to be placed underground, the following equipment shall be pad-mounted on grade or
placed underground:
(1) Auxiliary equipment for such utility service, such as transformers, connection enclosures, switching
devices, and amplifiers; and
(2) Street and site lighting equipment, except for the poles to which the lights are affixed.
(e) Cost. The cost of installing utility service underground shall be the responsibility of the property
owner or the developer who is seeking utility service for their property. The provisions of this section shall not
be construed to require the city or the utility company to bear the additional cost of placing utility service
underground.
(f) Temporary service. Temporary utility service to construction sites may be provided by overhead
means, provided that when the underground utility service to any portion of a subdivision is completed, such
overhead electrical lines and facilities will be promptly removed.
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SECTION 2. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance shall be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
_______________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: A: City Council Memo [Revision 1] (3715 : 11 - Amend Subdivision Ord - Underground Utilities)
29
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3583

Recommending Department: Intergovernmental Services LSR No:
Ordinance -- First Reading – Renewal of a Non-Exclusive License to Sprint

Communications Company L.P., for a Fiber Optic Transmission System in
the City of Irving
2. Impact: This agreement allows Sprint to use city rights-of way for the continuation
of service via their fiber optic transmission system and for the city to receive
compensation for this usage of rights-of-way.
3. The agreement renews a previous 10-year agreement with Sprint for access to city
rights-of-way.
4. Sprint has approximately 2000 feet of line in Irving.
5. The fiber optic network supports Sprint’s wireless network and future technology
initiatives.
6. The City has enhanced the agreement to account and protect against changes in
law and technology.
Recommendation
• Contract Required: No. • Review Completed By: Carrie Morris
• Previous Action: • Council Action: Approved.
• .
•

NONE
Prepared: 9/10/2010 03:07 PM by Kathryn Guerra
Last Updated: 1/6/2011 03:32 PM by Kathryn Guerra
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AN ORDINANCE AUTHORIZING AN AGREEMENT WITH SPRINT COMMUNICATIONS

COMPANY L.P., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING
A FIBER OPTIC TRANSMISSION SYSTEM IN, UNDER, OVER AND ACROSS THE STREETS
AND PUBLIC WAYS IN THE CITY OF IRVING; REGULATING THE CONSTRUCTION WORK
IN THE CITY IN THIS REGARD, PRESCRIBING THE RELATIONSHIP AND RELATIVE
RIGHTS BETWEEN SPRINT COMMUNICATIONS COMPANY L.P., AND OTHERS WITH
RESPECT TO CONSTRUCTION IN THE CITY AND LOCATION OF FACILITIES; REQUIRING
CERTAIN RECORDS AND REPORTS; PROVIDING FOR INSPECTIONS; PROVIDING THE
RIGHTS AND RESPONSIBILITIES OF THE CITY COUNCIL; PROVIDING FOR
ENFORCEMENT OF THE AGREEMENT; PRESCRIBING THE COMPENSATION TO THE CITY
FROM SPRINT COMMUNICATIONS COMPANY L.P., UNDER THE AGREEMENT;
PROVIDING INDEMNITY OF THE CITY AND ITS EMPLOYEES; SETTING FORTH THE TERM
OF THE AGREEMENT AND PRESCRIBING MISCELLANEOUS REQUIREMENTS FOR
ADMINISTRATION OF THE AGREEMENT; PROVIDING FOR TERMINATION OF THE
AGREEMENT, PROVIDING FOR A PENALTY; REQUIRING CONFORMITY WITH
CONSTITUTION, STATUTES, CHARTER AND CITY CODE; LENGTH OF AGREEMENT
TERMS; PROVIDING AN EFFECTIVE DATE; PROVIDING VENUE AND PROVIDING FOR A
SEVERABILITY CLAUSE.
WHEREAS, Sprint Communications Company L.P., hereinafter "Licensee," desires the use of
certain public rights-of-way within the City of Irving for the purposes set forth below pursuant to the
provisions of the laws of the State of Texas; and
WHEREAS, it is the position of the City of Irving that Licensee must obtain a license in order
to use the public rights-of-way; and
WHEREAS, the City Council has determined that it is appropriate to enter into the following
agreement with Licensee;

IRVING, TEXAS:
SECTION 1. PURPOSE; RIGHTS GRANTED TO LICENSEE; RIGHTS SPECIFICALLY

PRESERVED; AND TERM
(a) Purpose and Rights Granted: The City and Licensee enter into this nonexclusive license
agreement allowing Licensee to use City of Irving right-of-way for a fiber optic transmission system in
across, over or under the streets, highways, alleys and public ways of the City (hereinafter the “Right-
of-Way”), including all necessary of desirable under underground conduits, manholes and other
structures and appurtenances (hereinafter the “Facility” or “Facilities”) in connection with such
transmission system (hereinafter the “System”) for the purpose of providing any telecommunications
services authorized by law, regulation, or certification, subject to this Agreement and in conformance
with the City’s Right-of-Way Ordinance. Notwithstanding the foregoing nothing herein shall preclude
Licensee from entering into a contract for the use of any portion of its System with any person or other
entity for any services, whether specified herein or not, provided that said person or other entity is
another franchisee, licensee or permittee of the City.
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(b) Rights Specifically Preserved: Nothing in this License shall reduce or excuse the payment
of any and all access line fees Licensee is required to pay pursuant to Texas Local Government Code
chapter 283 “Management of Public Rights-of-Way Used by Telecommunications Provider in
Municipality” or any successor section or sections. Nothing in this License shall be construed to allow
Licensee to install of operate a cable television system or provide cable service unless Licensee follows
all requirements of chapter 66 of the Texas Utilities Code “State Issued Cable and Video Franchise” or
its successor section or sections.
(c) Term: This agreement is for ten years, Commencing on the date of acceptance by Licensee
of this license ordinance and terminating on October 1, 2020.
SECTION 2. AGREEMENT AREA
That this license agreement shall extend to all Rights-of-Way located in the City of Irving.
• SECTION 3. CONSTRUCTION WORK-REGULATION BY CITY, UNDER-

GROUND CONDUIT USE BY CITY, JOINT USE OF TRENCH SPACE
(a) The work done by Licensee in connection with the construction, reconstruction, maintenance
or repair of said System shall be subject to and governed by all pertinent laws, rules, regulations of the
City and the State of Texas that are applicable to insuring the work done does not unduly inconvenience
the public in the use of the surface of the Right-of-Way.
(b) All excavations and other construction in the Right-of-Way shall be so carried on as to
interfere as little as practicable with the use of the Right-of-Way and with the use of private property, in
accordance with any lawful and reasonable direction given by or under the authority of the governing
body of the City under the policy and regulatory powers of the City necessary to provide for public
safety or convenience.
SECTION 4. CONSTRUCTION AND MAINTENANCE, EXCAVATION
(a) The City shall have the power at any time to order and require Licensee to remove and abate
any pole, wire, cable or other Facility that is dangerous to life or property, or which interferes with the
primary use of the right-of-way for transportation, water or sewer uses, and in case Licensee, after
written notice, fails or refuses to comply, the City shall have the power to remove the same at the
expense of Licensee. In the case of any such removal by the City, there shall be no compensation paid
to Licensee, but Licensee shall reimburse City all expenses. City shall have no liability for any
damages to Licensee. Licensee shall promptly restore all Rights-of-Way excavated by Licensee to
substantially the same condition as before such excavation to the reasonable satisfaction of the City.
(b) Prior to construction, Licensee shall submit engineering plans to the City for review and
approval when such plans are for projects which involve significant amounts of both new buried cable
and underground systems in public Rights-of-Way. Approval of such plans shall not be unreasonably
delayed, withheld or conditioned by the City.
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(c) Except in an emergency, Licensee shall not excavate any pavement in any Right-of-Way or
significant amounts of any unpaved public Right-of-Way without first securing permission of the City,
but such permission shall not be unreasonably delayed, withheld or conditioned if the proposed
excavation is in accordance with the terms of this agreement. The City shall be notified as soon as
practicable regarding work performed under emergency conditions.
SECTION 5. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS,

ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS
(a) The City reserves the right to lay, and permit to be laid, sewer, gas, water and other pipe
lines or cables and conduits, as well as drainage pipes and channels and streets and to do and permit to
be done, any underground and overhead installation or improvement that may be deemed necessary or
proper by the governing body of the City of Irving, in, across, along, over or under any Right-of-Way
occupied by Licensee, and to change any curb or sidewalk or the grade of any street and to maintain all
City of Irving facilities provided that such work is for the municipal purposes of the City. In permitting
such work to be done, the City shall not be liable to Licensee for any damage so caused, nor shall the
City be liable to Licensee for any damages arising out of the performance by the City or its contractors
or subcontractors, not willfully and unnecessarily occasioned; provided, however, nothing herein shall
relieve any other person or corporation from liability for damage to Facilities or System of Licensee.
City shall not be liable for any damage to Licensee’s property or for any direct or consequential damage
to Licensee or its customers that may arise if City, its agents, employees or contractors for any reason
causes the flow of data or light impulses through said Facilities to be interrupted or stopped and
Licensee shall hold City harmless and indemnify City for said damages including damages arising from
City’s own negligence. Nothing herein shall relieve any person, other than the City, of liability,
including without limitation the City’s contractors or subcontractors from liability for damage to
Facilities or System of Company.
(b) Whenever by reason of changes in the grade or widening of a street or in the location or
manner of constructing a water pipe, gas pipe, drainage channel, sewer, or other City-owned
underground or aboveground Facilities, it is deemed necessary by the City to move, alter, change,
adapt, or conform the underground or aboveground facilities of Licensee, Licensee shall make the
alterations or changes, on alternative Right-of-Way provided by the City, if necessary, as soon as
practicable when ordered in writing by the City without claim for reimbursement or damages against
the City.
(c) If the City requires Licensee to adapt or conform its Facilities, or in any way or manner to
alter, relocate or change its property to enable any other corporation or person, except the City, to use,
or to use with greater convenience, any right-of-way, street, alley, highway or public place, Licensee
shall not be required to make any such changes until such other corporation or person shall have
undertaken, with solvent bond, to reimburse Licensee for any loss and expense which will be caused
by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of Licensee’s
Facilities; provided, however, that the City shall never be liable for such reimbursement.
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SECTION 6. INDEMNITY AND INSURANCE
A. Indemnity
As a condition hereof, Licensee agrees and is bound to defend, indemnify and hold the City, its
officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and
expenses for personal injury (including death), property damage or other harm for which recovery of
damage is sought, suffered by any person or persons, that may arise out of or be occasioned by
Licensee’s use, occupancy and maintenance of the Right-of-Way or Licensee’s System within the
Right-of-Way, from any act or omission of any representative, agent, customer and/or employee of
Licensee, or by Licensee’s breach of any of the terms or provisions of this license agreement, or by any
negligent or strictly liable act of omission of Licensee, its officers, agents, employees or subcontractors
in the use, occupancy and maintenance of the Right-of-Way or Licensee’s installations and
improvements within the licensed premises; except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the negligence or fault of the City, its officers, agents,
representatives, employees or separate contractors, and in the event of joint and concurring negligence
or fault of both the Licensee and the City, responsibility and indemnity, if any, shall be apportioned
comparatively in accordance with the laws of the State of Texas, without, however, waiving any
governmental immunity available to the City under Texas law and without waiving any defenses of the
parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto
and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
This obligation to indemnify and defend shall also include any claim for damage that any utility or
communication company, whether publicly or privately owned, may sustain or receive by reason of
Licensee’s use of the Right-of-Way or Licensee’s Facilities located thereon. Notwithstanding the
foregoing, Licensee shall not be responsible in any way for any claim or damages incurred or alleged to
be incurred by any utility or communications company arising as a result of the City’s grant of this
license to Licensee. In addition to the foregoing, Licensee covenants and agrees never to make a claim
of any kind or character whatsoever against the City for damage of any kind that it may suffer by
reason of the installation, construction, re-construction, operation or maintenance of any public
improvement, utility or communication facility, whether presently in place or which may in the future
be constructed or installed, including but not limited to, any water or wastewater mains or storm sewer
facilities, regardless of whether such damage is due to flooding, infiltration, back flow or seepage
caused from the failure of any installation, natural causes or City negligence. It is the intention of this
indemnity agreement on the part of Licensee, and as a condition of this license, that except as otherwise
provided herein, it shall be full and total indemnity against any kind or character of claim whatsoever
that may be asserted against the City, by reason of or as a consequence of having granted permission to
Licensee to use and maintain the Right-of-Way.
City should give Licensee written notice of the making of any claim or the commencement of
any action, suit or other proceeding for which Licensee could be liable for indemnification under this
license. In all instances in which Licensee is required under this license to indemnify City, such
indemnification obligations shall be expressly conditioned upon Licensee having the right to
investigate, compromise and defend against such claims. City shall cooperate with Licensee in the
defense of any litigation by furnishing such information and Licensee may request assistance in the
disposition of such matter.
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B. Insurance
It is understood and agreed, and a condition hereof, that Licensee shall procure and keep in full
force and effect commercial general liability insurance coverage issued by an insurance company
authorized and approved by the State of Texas, with a financial strength rating at all times during
coverage of no less than an “A-“and in a financial size category of no less than “VII”, in the latest
edition of “Best’s Rating Guide” published by A.M. Best Company. The insured provisions of this
policy must name the City, its officers and employees as additional insured protecting the City against
claims for damages to persons or property as a result of or arising out of the use, operation, and
maintenance by Licensee of the Right-of-Way and Licensee’s Facilities in connection therewith and
located therein. The commercial general liability coverage must provide combined single limits of
liability for bodily injury and property damage of not less than $1,000,000 for each occurrence. The
coverage must be on an "occurrence" basis and must include coverage for premises operations,
independent contractors, products/completed operations, personal injury, contractual liability, and
medical payments. This insurance shall also include coverage for underground, explosion, and collapse
hazards.
1. Each policy must include a cancellation provision in which the insurance company is required
to notify Licensee and the City in writing not fewer than 30 days before canceling or failing to renew
the policy. In addition, Sprint will provide the City with 30 days notice in the event that any changes in
coverage are made.
2. Licensee shall carry said insurance at its expense and shall furnish the City proof of such
insurance. In the event said insurance should terminate during the license term hereof, or Licensee fails
to furnish proof of insurance coverage in accordance with the specifications as required by this section,
City may in its sole discretion terminate this license agreement.
SECTION 7. ADMINISTRATION OF LICENSE
(a) The City Manager or his designee is the principal City officer responsible for the
administration of this agreement and shall review the operations of Licensee in the Right-of-Way under
this agreement.
(b) It shall be the right of the governing body of the City of Irving at all times to keep fully
informed as to all matters in connection with or affecting the construction, reconstruction, maintenance,
operation and repair of Licensee’s Facilities in the Right-of-Way and the recording and reporting by
Licensee of all material changes to such Facilities.
SECTION 8. RECORDS
(a) Licensee shall keep complete and accurate maps and records of its Facilities under this
ordinance. The City may require the keeping of additional records or maps, which are reasonably
necessary for purposes of identifying, accounting for, and reporting changes in the System.
(b) The City may, at reasonable times and for reasonable purposes under this ordinance,
examine, verify or review the documents, maps, plans and other records of Licensee directly related to
this agreement, Licensee shall make the above records available to City for review at the Civic Center
Complex, 825 West Irving Boulevard, Irving, Texas, within a reasonable time after demand by City
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Manager or designee. Subject to the Texas Public Information Act, the City agrees to keep any
information provided to it by Licensee under this agreement as confidential and shall treat such
confidential information as the City treats its own confidential and proprietary information; however,
this shall not include records or maps which are reasonably necessary for purposes of identifying,
accounting for, and reporting changes in the System for the reason many others use the Rights-of-Way.
(c) The City shall have the power to require that the Licensee report to the City such
information relating to the Licensee as the City may consider useful in the identifying, accounting for,
and reporting of System changes for the purposes of this ordinance. The City shall have the right to
establish forms for all reports, determine the time for reports and the frequency with which any reports
are to be made, and require that any reports be made under oath.
(d) The City may, at any time, make inquiries pertaining to this license relating to the
Licensee’s operation of the System within the City of Irving. The Licensee shall respond to such
inquiries on a timely basis.
(e) At the time of completion and any time Facilities have been changed, or upon request of the
City, Licensee shall file with the Director of Public Works, or City Manager or designee, a corrected
list of Facilities located in the public right-of-way, and an up-to-date map of the System, showing all
Facilities newly installed, expended and removed during previous year, as well as those which are
currently in use.
(f) Copies of all petitions, applications, communications and reports submitted by the Licensee
to the Federal Communications Commission or any other regulatory agency, in respect to any matters
directly affecting the System located in whole or in part within the City pursuant to this license, shall be
provided to the City upon request.
SECTION 9. VIOLATIONS
Upon evidence being received by the City Manager that violations of this license agreement are
occurring, or has occurred, he shall at once cause an investigation to be made. If the City Manager
finds that such a violation exists or has occurred, he shall take appropriate steps to secure compliance
with the terms of this license agreement. Such steps shall include the provision of a written notice to
Licensee detailing the alleged violation and permitting Licensee a reasonable opportunity (no less than
thirty days) to cure the violation.
SECTION 10. PAYMENT OF STREET RENTAL FEE
(a) For street rental, Licensee shall pay to City an annual fee equal to One Dollar ($1.00) per
linear foot.
(b) The street rental payment shall be exclusive of and in addition to all general municipal taxes
of whatever nature, including but not limited to ad valorem taxes and special taxes and assessments for
public improvements except as hereinafter provided.
(c) The foregoing street rental fee shall be delivered to the City Manager or designee, along with
a fee statement showing in a form reasonable prescribed or approved by the City, the calculations of the
amount of such annual payment. This statement shall be verified by an employee of Licensee who is
responsible for the accuracy of this statement. A copy of this statement shall also be delivered to the
City Manager or designee.
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SECTION 11. ASSIGNMENT OF AGREEMENT
The rights granted by this ordinance inure to the benefit of Licensee. Licensee shall notify the
City of Irving of any proposed transfer or assignment of these rights. The City of Irving shall have 180
days to act upon or deny said assignment or transfer. If the City of Irving fails to render a final decision
in 180 days, said assignment or transfer shall be deemed approved. Any successor shall be required to
fulfill all the obligations of this licensee.
(a) For purposes of this ordinance, an assignment or transfer means any transaction in which (i)
any ownership or other right, title, or interest of more than two (2) percent in a licensee, a parent, of the
system is transferred, sold, assigned, leased, sublet, or mortgaged, directly or indirectly, in whole or in
part; or (ii) there is any change, acquisition, or transfer of control of the licensee or a parent; or (iii) the
license, or the rights and/or obligations held by the licensee or a parent under the license, are
transferred, directly or indirectly, to another party; or (iv) any change or substitution occurs in the
managing general partners, if any, of the licensee or parent.
SECTION 12. ACCEPTANCE OF AGREEMENT
(a) Licensee shall, within thirty (30) days of the third and final reading of this ordinance, file in
the Office of City Secretary, a written instrument signed and acknowledged by a duly authorized officer
in substantially the following form:
To The City Council of the City of Irving
Licensee, acting by its undersigned official hereunto duly authorized, hereby accepts
Ordinance No. _______ authorizing an agreement with Licensee.
By:___________________________
Attest:
________________________
Secretary
Executed this, the _____ day of ____________, 2010.
(b) Upon filing of the acceptance, this agreement shall become effective. In the event such
acceptance is not filed within thirty (30) days after the third and final reading of this ordinance, this
ordinance shall terminate and become null and void.
(c) As a further condition precedent to this agreement becoming effective, Licensee shall send
to the City Manager or designee of the City of Irving, Texas, the name and address of the person
Licensee designates to receive official notices from the City of Irving.
(d) If Licensee fails to return a signed Acceptance of Agreement, as set out above, Licensee
shall remove its facilities within sixty (60) days after the time period for returning the Acceptance has
ended.
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SECTION 13. TERMINATION OF AGREEMENT AND REMOVAL OF FACILITIES
(a) If Licensee fails to make payment as provided by this ordinance, the City shall send two
written notices to Licensee. Thirty (30) days after the second written notice of breach or default from
the City, the City may order that this ordinance shall become null and void and send a written notice of
termination from the City of Irving and City may order the removal of any of Licensee’s Facilities
which are above the surface of the rights-of-way and if Licensee should refuse, City may remove such
Facilities at Licensee’s expense.
(b) It is further agreed that upon Licensee’s failure to cure a default as set forth in subparagraph
(a) above, the City shall reserve and have the absolute right to terminate this license agreement. The
City shall upon such determination become immediately entitled to possession of the Right-of-Way
without giving any notice and without the necessity of legal proceedings to obtain possession thereof,
that any rentals paid in advance shall be returned to Licensee in proportion to the unexpired rental
period; and in any event upon termination or cancellation by City or Licensee, Licensee shall, unless
otherwise agreed to by the City, remove any Facilities from the Right-of-Way at Licensee’s expense.
All work shall be done to the satisfaction of City.
SECTION 14. CONFORMITY TO CONSTITUTION, STATUTES, CHARTER AND CITY

CODE
This ordinance is passed subject to the provisions of the Constitution and the laws of the United
States of America, the State of Texas and the charter provisions of the City of Irving and applicable
sections of the Irving City Code.
SECTION 15. USE OF PREMISES
Licensee is prohibited from using the Rights-of-Way in any manner which violates any
applicable Federal, State or local laws, regulations, rules and orders, regardless of when they become or
became effective, including without limitation, those relating to health, safety, noise, environmental
protection, waste disposal and water and air quality, and shall provide satisfactory evidence of
compliance upon the request of the City. Should any discharge, leakage, spillage, emission or pollution
of any type occur upon or from the Rights-of-Way due to Licensee’s use and occupancy thereof, and
not due to any pre-existing condition, Licensee, at its expense, shall be obligated to clean up the
affected Rights-of-Way to the satisfaction of the City and any other governmental body having
jurisdiction there over. The City may, at its option, clean the affected Rights-of-Way. If the City elects
to do so, Licensee shall promptly pay to the City the reasonable cost of such cleanup upon receipt of
bills therefor. Licensee agrees that the indemnity provisions contained in Section 6.A. herein shall be
fully applicable to the requirements of this paragraph, in the event of Licensee’s breach of this
paragraph or as a result of any such discharge, leakage, spillage, emission or pollution arising out of the
Licensee’s use of the licensed premises. Licensee must also obtain any and all necessary governmental
licenses and permits necessary in order to use the Rights-of-Way and Facilities for Licensee’s intended
purpose.
SECTION 16. EFFECTIVE DATE
This ordinance shall take effect immediately from and after its third and final reading,
acceptance and filing in accordance with the provisions of Section 12 of this ordinance.
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SECTION 17. EXTENT OF AGREEMENT
This license agreement embodies the complete agreement of the parties, superseding all oral or
written previous and contemporary agreements between the parties and relating to matters in this
license agreement, and except as otherwise provided in this license agreement cannot be modified
without written agreement of City and Licensee to be attached to and made a part of this license
agreement.
SECTION 18. SEVERABILITY
That the terms and provisions of this ordinance shall be deemed to be severable and that if the
validity of any section, subsection, sentence, clause or phrase of this ordinance should be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of any other section,
subsection, sentence, clause or phrase of this ordinance. If any material term or provision of this
ordinance is so declared invalid, the parties shall promptly begin negotiations for a replacement.
SECTION 19. VENUE
This agreement is performable in the State of Texas and exclusive legal venue for any litigation
arising under this license shall lie in Dallas County, Texas, and shall be governed by the laws of the
State of Texas.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on first
reading on January 13, 2011.
________________________________
HERBERT A. GEARS
MAYOR
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
second reading on February 3, 2011.
________________________________
HERBERT A. GEARS
MAYOR
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
third and final reading on February 17, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
______________________________
Shanae Jennings
______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3738

Ordinance -- Zoning Case #ZC10-0041 - Granting TOD (Transit Oriented

Development) District - Approximately 16.34 Acres Located on the
Northwest Corner of Spur 348 and Las Colinas Boulevard - Glenn
Engineering, Applicant - Hines Las Colinas Land L.P., Owner
20, 2010 – Favorable 9-0 with the stipulation that the “flag plaza” be enhanced with
either some type of art work, a fountain, other water feature or other improvement
to create a more distinctive entry.
3. The applicant is requesting a zoning change to Transit Oriented Development
District to develop the property with multifamily uses at 32 units per acre in Phase 1
and 40 units per acre in Phase 2, and approval of a detailed site plan for 256 units
in Phase 1.
4. The Comprehensive Plan’s Future Land Use Map recommends High Density
Residential uses for this property. This request is in conformance with the
Comprehensive Plan.
5. The applicant is proposing a TOD general plan in two phases for 256 units on the
northern tract (Phase 1), with the southern tract (Phase 2) to be developed later.
The property is within a half-mile of the new transit station on the Orange Line. The
zoning will allow the applicant to develop 32 units per acre on Tract 1 and 40 units
per acre on Tract 3. Tract 2 is for the levee. Tract 3 may also be developed with
retail or mixed uses.
6. The applicant is also submitting a TOD detail plan for Tract 1. A 256-unit
multifamily project is proposed, with an average unit size of 925 sq. ft. Five
multifamily buildings are located around the perimeter of the property adjacent to
the levee and Las Colinas Blvd. Additional multifamily units are in the center of the
development with the office, pool, and clubhouse. 452 parking spaces are provided,
including garages and carports.
7. The applicant is complying with the requirements of the TOD development
standards. An entry feature of a flag plaza is provided on Las Colinas Blvd. that
provides an enhanced visual into Tract 1 as well as a connection for future phase 2
development. Landscaping will meet the TOD requirements. The levee area will be
used for the required open space as well as an interior courtyard and gathering
space. The plan also indicates a pedestrian connector to the DART transit station.
8. Staff can support the request as it is consistent with the Comprehensive Plan and
the TOD development standards.
9. The stipulation of the Planning and Zoning Commission has been met.
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10. Public notices were sent to thirty-two (32) property owners, with none returned in
favor and two (2) returned in opposition. The opposition represents 1.18% of the
property within 200 feet.
Recommendation
Commission.
• Contract Required: N/A • Review Completed By: N/A
ATTACHMENTS:
• B: December 6, 2010 Planning and Zoning Meeting Minutes (PDF)
• D: Vicinity Map (PDF)
• E: Surrounding Zoning Map (PDF)
• F: Property Owner Notification Map (PDF)
• G: TOD(Transit Oriented Development) General Plan (PDF)
• H: TOD (Transit Oriented Develpment) Contextual Plan (PDF)
• I: TOD (Transit Oriented Development) Detail Plan (PDF)
• J: Elevation Drawings (PDF)
• K: Public Comment Forms in Opposition (PDF)
• L: Protest Analysis Map (PDF)
• C: December 20, 2010 Planning and Zoning Meeting Minutes (PDF)

NONE
Prepared: 12/20/2010 10:39 AM by Sharon Brown
Last Updated: 1/6/2011 03:42 PM by Sharon Brown
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ZONING CASE NO. ZC10-0041

ZONING CLASSIFICATION – TOD
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 McKINNEY AND
WILLIAMS SURVEY, ABSTRACT NO. 1056, AND THE JOE E. FIELD SURVEY, ABSTRACT
NO. 487, AND LOCATED AT THE NORTHWEST CORNER OF SPUR 348 AND LAS COLINAS
BLVD., MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A ATTACHED HERETO;
ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM M-FW FREEWAY USES
AND R-40 SINGLE FAMILY USES UNDER ORDINANCE NO. 1144, AS AMENDED TO
TRANSIT ORIENTED DEVELOPMENT DISTRICT USES UNDER ORDINANCE NO. 1144, AND
ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE;
CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE
OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING
THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING
ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
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WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under Transit Oriented Development 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;

IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the property described in the attached Exhibit A which is presently zoned M-
FW Freeway uses and R-40 Single Family uses under Ordinance No. 1144, is changed to Transit
Oriented Development District uses under Ordinance No. 1144, subject to all the requirements of
Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in attached Exhibit A is hereby
approved and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
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(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, ON
JANUARY 13, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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30.a
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Attachment: A: City Council Memo [Revision 1] (3738 : 11 - ZC10-0041)
30.a
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30.b
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Attachment: B: December 6, 2010 Planning and Zoning Meeting Minutes (3738 : 11 - ZC10-0041)
30.c
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Attachment: D: Vicinity Map (3738 : 11 - ZC10-0041)
30.d
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Attachment: E: Surrounding Zoning Map (3738 : 11 - ZC10-0041)
30.e
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Attachment: F: Property Owner Notification Map (3738 : 11 - ZC10-0041)
30.e
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30.e
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30.f
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Attachment: G: TOD(Transit Oriented Development) General Plan [Revision 1] (3738 : 11 - ZC10-0041)
30.g
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Attachment: H: TOD (Transit Oriented Develpment) Contextual Plan [Revision 1] (3738 : 11 - ZC10-0041)
30.h
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Attachment: I: TOD (Transit Oriented Development) Detail Plan [Revision 1] (3738 : 11 - ZC10-0041)
30.i
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Attachment: J: Elevation Drawings [Revision 1] (3738 : 11 - ZC10-0041)
30.i
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Attachment: J: Elevation Drawings [Revision 1] (3738 : 11 - ZC10-0041)
30.j
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Attachment: K: Public Comment Forms in Opposition (3738 : 11 - ZC10-0041)
30.j
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Attachment: K: Public Comment Forms in Opposition (3738 : 11 - ZC10-0041)
30.k
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Attachment: L: Protest Analysis Map (3738 : 11 - ZC10-0041)
30.l
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Attachment: C: December 20, 2010 Planning and Zoning Meeting Minutes (3738 : 11 - ZC10-0041)
31
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3739

Ordinance -- Zoning Case #ZC10-0043 - Granting S-P-2 (Generalized Site

Plan) for R-6 (Single Family) Uses - Approximately 0.32 Acres Located at
1613 Upton Place - Jerry and Reba Thorn, Applicant/Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
December 6, 2010 – Favorable, 6-2 subject to (1) the applicant applying for all
required building permits and inspections from the City within seven days of
approval of this zoning change by the City Council, and (2) payment of all
applicable fees and penalties (Commissioners Randall and Webb, nay;
Commissioner Fischer, absent).
3. The applicant is requesting rezoning to allow a 1,440 square foot detached garage
six feet from the side and rear property line and 17 feet tall, and a second garage
structure no more than 460 square feet in size.
4. The Comprehensive Plan recommends Low Density Residential uses for this
property. This request is in conformance with the Comprehensive Plan.
5. Section 52-40 of the zoning ordinance restricts the total combined size of detached
garages in an “R” district to 700 square feet and one story in height.
6. In 2009, the owner applied for a building permit and electrical permit to construct a
detached garage. Both permits were cancelled at the owner’s request when,
according to staff notes, the owner was informed that his garage(s) would exceed
the maximum size allowed by ordinance. The owner was refunded the cost of the
cancelled permits.
7. At some point after the permits were cancelled and the fees refunded, the applicant
began construction of the garage(s) without the required permits. Staff has no
records of any active permits for either detached garage.
8. After construction of the larger of the two detached garages commenced, staff was
made aware of the activity and informed the applicant that permits were required,
but could not be issued without zoning approval for the size of the accessory
building. The owner filed an application with the City, and continued construction to
“waterproof” the building by completing the exterior sides and roof.
9. Both detached garages are constructed with cedar siding and asphalt shingle roofs.
10. The 1,440 square foot, 17-foot tall garage is approximately 75 feet from the nearest
house on W. Vilbig Street, and approximately 130 feet from the nearest house on
Franklin Street. The smaller detached garage is approximately 70 feet from the
nearest house on Franklin Street.
11. An existing metal patio cover also exists on the property. This cover could remain
as a nonconforming use; however the patio cover could not be replaced if destroyed
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31
or damaged more than 50 percent. If the zoning change is approved, no new

accessory structures would be permitted other than the two detached garages.
12. Staff can support this request due to the following: (1) the lots in this neighborhood
are relatively large lots – approximately 1/3 of an acre; (2) the larger building is at
least 130 feet away from the house on the property abutting the rear; (3) the
structures are at least 70 feet from the house on the property to the south; (4) the
structures make use of sloped roofs with asphalt shingles that match the house; (5)
the site plan notes, including notes prohibiting the buildings to be used for
commercial purposes, living quarters, or to be leased separate from the main
house; and (6) the apparent quality of the exterior materials and overall
construction.
13. The applicant has agreed to comply with the stipulations of the Commission.
14. Public notices were sent to 30 property owners, with two (2) letters in favor and one
(1) letter in opposition received. The opposition represents 8.9% of the property
within 200 feet.
Recommendation
Commission.
ATTACHMENTS:
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
• F: Site Plan (PDF)
• G: Elevation Drawings (PDF)
• H: Public Comment Forms in Support (PDF)
• I: Public Comment Form in Opposition (PDF)
• J: Protest Analysis Map(PDF)

NONE
Last Updated: 1/6/2011 02:50 PM by Kenneth Bloom
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ZONING CLASSIFICATION – S-P-2

TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF IRVING OAKS ESTATES 2
AND LOCATED AT 1613 UPTON PLACE, MORE FULLY AND COMPLETELY DESCRIBED IN
THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY
FROM R-6 SINGLE FAMILY DISTRICT UNDER ORDINANCE NO. 1144, AS AMENDED, TO S-
P-2 SITE PLAN DISTRICT USE FOR R-6 USES UNDER ORDINANCE NO. 1144, AND
ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE;
CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE
OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING
THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING
ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving, Texas,
attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
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and
and
under a site plan district for use C-N Neighborhood Commercial 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;

IRVING, TEXAS:
changed in that the use of the following described property, to-wit:
Irving Oaks Estates 2, Block A, Lot 7 and the south 3 feet of Lot 8
which is presently zoned R-6 Single Family district under Ordinance No. 1144, is changed to S-P-2 Site
Plan District Use for R-6 Single Family uses under Ordinance No. 1144, subject to all the requirements
of Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A of this
ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
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JANUARY 13, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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31.a
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Attachment: A: City Council Memo (3739 : 11 - ZC10-0043)
31.a
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Attachment: A: City Council Memo (3739 : 11 - ZC10-0043)
31.b
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31.b
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31.c
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Attachment: C: Vicinity Map (3739 : 11 - ZC10-0043)
31.d
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Attachment: D: Surrounding Zoning Map (3739 : 11 - ZC10-0043)
31.e
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Attachment: E: Property Owner Notification Map and List (3739 : 11 - ZC10-0043)
31.e
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31.f
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Attachment: F: Site Plan (3739 : 11 - ZC10-0043)
31.g
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Attachment: G: Elevation Drawings (3739 : 11 - ZC10-0043)
31.g
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Attachment: G: Elevation Drawings (3739 : 11 - ZC10-0043)
31.h
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Attachment: H: Public Comment Forms in Support (3739 : 11 - ZC10-0043)
31.h
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31.i
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Attachment: I: Public Comment Form in Opposition (3739 : 11 - ZC10-0043)
31.j
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Attachment: J: Protest Analysis Map (3739 : 11 - ZC10-0043)
32
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3740

Ordinance -- Zoning Case #ZC10-0048 - Granting S-P-1 (Detailed Site Plan)

for C-N (Neighborhood Commercial) Uses - Approximately 0.67 Acres
Located at 100 West Airport Freeway - Allen and Ridinger Consulting,
Applicant - First Security Bank NA, Owner
20, 2010 - Favorable 9-0.
3. The applicant is requesting a zoning change to allow office and retail uses.
4. The Comprehensive Plan’s Future Land Use Map recommends State Highway 183
Redevelopment Corridor uses for this property. This request is in conformance with
the Comprehensive Plan.
5. The property is developed with a 5,268 square foot building that is currently
unoccupied. The property was used by the previous owner for car sales allowed
under the C-OU-2 Commercial Outdoor district.
6. The current owner proposes to rezone the property for C-N (Neighborhood
Commercial) district uses. The building’s façade would be updated with a stone
wainscot and new paint, while the site would be modified to provide a 15’ landscape
buffer along SH 183 and providing access to a south parking lot exclusively from
Britain Road. The 27 parking spaces shown on the plan are sufficient for office and
retail uses.
7. The proposed site plan meets all TxDOT requirements, and meets the intent and
spirit of the proposed SH 183 Overlay District.
8. Public notices were sent to 10 property owners, with none received in favor or
opposition.
Recommendation
Commission.
ATTACHMENTS:
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• E: Property Owner Notification Map (PDF)
• G: Landscape Plan (PDF)
• H: Elevation Drawings (PDF)

NONE
Last Updated: 1/6/2011 02:50 PM by Steven Reed
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TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE J. C. READ SURVEY,
ABSTRACT NO. 1182, AND LOCATED AT 100 W. AIRPORT FREEWAY, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT A ATTACHED HERETO; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM C-OU-2 OUTDOOR COMMERCIAL USES UNDER
ORDINANCE NO. 1144, AS AMENDED TO S-P-1 FOR C-N NEIGHBORHOOD COMMERCIAL
DISTRICT USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN
ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR SPECIAL
CONDITIONS AND REGULATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL
ZONING MAP ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE
WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE
DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES
OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A
PENALTY.
-1-
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and
and
under a site plan district for use C-N Neighborhood Commercial 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;

IRVING, TEXAS:
changed in that the use of the property described in the attached Exhibit A which is presently zoned C-
OU-2 Outdoor Commercial district under Ordinance No. 1144, is changed to S-P-1 Site Plan District
for C-N Neighborhood Commercial uses under Ordinance No. 1144, subject to all the requirements of
Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in attached Exhibit A is hereby
approved and granted upon the following express conditions:
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-3-
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JANUARY 13, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
-4-
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Attachment: E: Property Owner Notification Map (3740 : 11 - ZC10-0048)
32.d
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Attachment: E: Property Owner Notification Map (3740 : 11 - ZC10-0048)
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Attachment: G: Landscape Plan (3740 : 11 - ZC10-0048)
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Attachment: H: Elevation Drawings (3740 : 11 - ZC10-0048)
32.g
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Attachment: H: Elevation Drawings (3740 : 11 - ZC10-0048)
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3741

Ordinance -- Zoning Case #ZC10-0052 - Granting S-P-2 (Generalized Site

Plan) for C-N (Neighborhood Commercial) Uses - Approximately 3.2 Acres
Located at 515 South MacArthur Boulevard - Kroger Texas, LP,
Applicant/Owner
20, 2010 – Favorable, 6-3 subject to the landscaping and building façade
improvements being completed no later than 180 days after the issuance of the
beer and wine license from the Texas Alcoholic Beverage Commission
(Commissioners Fischer, LaRose and Webb, nay).
3. The applicant is requesting rezoning to allow a variance to the separation
requirements from the property line of a school for the sale of alcoholic beverages
for off-premise consumption.
4. The Comprehensive Plan recommends Neighborhood Enhancement Zone for this
property. Areas within Neighborhood Enhancement Zones are envisioned to be
redeveloped with “quality retail and mixed use development, where appropriate.”
Grocery stores are considered to be critical components to sustainable residential
neighborhoods. The continued use of the site as a grocery store, along with the
modification of the site proposed by the applicant, are in conformance with the
Comprehensive Plan.
5. On October 16, 2008, the City Council amended Section 52-49(a)(10) of the zoning
ordinance by prohibiting the sale of alcoholic beverages within 300 feet of a public
or private school, as measured “in a direct line from the property line of the public or
private school to the property line of the place of business, and in a direct line
across intersections.” At the same time, the City Council added Section 52-
49(a)(14), which allows the City Council to grant a variance from the above
regulations if the property is within the area now known as the Heritage Crossing
Redevelopment District if the Council determines that enforcement of the regulation:
• Is not in the best interest of the public,
• Constitutes a waste or inefficient use of land or other resources,
• Creates an undue hardship on an applicant,
• Does not serve its intended purpose,
• Is not effective or necessary, or
• For any other reason determined to be in the best interest of the community.
6. On November 18, 2008, the owner submitted an Application for TABC Wine and
Beer Retailer’s Off-Premise Permit Application Certification (hereafter referred to as
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the “Application for Certification”). The Application for Certification is the method by
which the city determines whether the City Secretary may sign or approve a TABC
application for the sale of beer or wine for off-premise consumption. As part of the
review of these applications, staff determines whether the applicant’s property has
the proper zoning, and whether the property meets all the separation distance
requirements.
7. On November 26, 2008, staff denied the application on the grounds that the subject
property was only 240 feet from the property line of a school. The applicant is
seeking a variance to the required 300-ft separation between the subject property
and the school property.
8. The applicant submitted a previous request in the fall of 2009, but subsequently
withdrew the application. A new application was received December 1, 2010.
9. As part of the variance request, and in an effort to ameliorate any perceived
negative impacts of offering the sale of alcoholic beverages within the store, and to
provide a “quality retail” development in conformance with the Neighborhood
Empowerment Zone designation in the Comprehensive Plan, the applicant is
proposing the following enhancements to the site:
• New landscaping along MacArthur Boulevard and Sixth Street, to include 13
total trees and a combination of flowers and ornamental grasses, in general
conformance to the landscape plan and with staff approval of the final landscape
plan. Although it is not shown on the plan, the applicant has also proposed new
planters at the front of the building. The landscaping will both beautify the
property and provide a strong vegetative border between the sidewalk and the
store property;
• Additional landscaping and intersection enhancements at the corner of
MacArthur Boulevard and West Sixth Street, including brick pavers at entry
points;
• Provide upgraded building façade treatments, as shown on the site plan, and
• Paint the existing monument sign and the concrete screening wall along the
north property line to match the color of the façade enhancement.
• Remove the gasoline-prices pole sign, to be replaced by digital signs on the
canopy in compliance with the new sign ordinance provisions.
10. The proposed variance to the distance requirements only applies to the grocery
store. It does not apply to accessory retail locations on the subject property, such as
the gasoline service kiosk.
11. While the two closest points between the property lines of the school and the
subject property are approximately 240 feet apart, the store building is
approximately 700 feet from the nearest school building.
12. It is the City’s goal to help establish and maintain viable retail grocery shopping
options for both current and future residents of the Heritage Crossing neighborhood.
For this reason, the variance provision was added to the alcoholic beverage
ordinance in 2008, and specifically limited to the Heritage Crossing area. The
applicant has indicated that the inability to sell alcoholic beverages puts this store at
a competitive disadvantage relative to stores outside of Heritage Crossing. Staff
believes that approval of the variance would help provide an equitable solution.
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13. Staff also believes the proposed property enhancements will provide a significant
aesthetic benefit to the community. Additionally, the proposed improvements will
help clearly delineate the separation between public and private space, and
discourage “cut-through” pedestrian traffic to and from the school. These
improvements, along with the separation distance between the actual store and the
school buildings, allow staff to support the applicant’s request.
14. The applicant has agreed to comply with the stipulations of the Planning and Zoning
Commission.
15. Public notices were mailed to 79 property owners. Staff has received 15 comment
forms and 58 letters in support, and 2 comment forms, 6 emails, and a petition with
284 signatures in opposition. The opposition represents 0% of the land within 200
feet of the subject property; therefore, a ¾ vote is not required to approve this
request.
Recommendation
Commission.
ATTACHMENTS:
• E: Property Owner Notification Map and List(PDF)
• G: Applicant-Submitted Map of Support (PDF)
• H: Public Comment Forms in Support (PDF)
• I: Letters of Support SET 1 (PDF)
• J: Letters of Support SET 2 (PDF)
• K: Letters of Support SET 3 (PDF)
• L: Resolution of Support from Irving-Las Colinas Chamber of Commerce (PDF)
• M: Public Comment Forms in Opposition (PDF)
• N: Petition of Opposition (PDF)
• O: Emails of Opposition (PDF)
• P: Petition of Opposition (2) (PDF)
• Q: Petition of Opposition (3) (PDF)
• R: Letter from Joe Putnam (PDF)
-3-
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• S: Petition in Opposition 4 (PDF)

NONE
Last Updated: 1/7/2011 08:46 AM by Kenneth Bloom
-4-
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TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF SAFEWAY ADDITION
NO. 10 REVISED AND LOCATED AT 515 SOUTH MacARTHUR BOULEVARD (NORTHWEST
CORNER OF SOUTH MacARTHUR BOULEVARD AND WEST SIXTH STREET), 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-N
USES UNDER ORDINANCE NO. 1144, AS AMENDED, TO S-P-2 SITE PLAN DISTRICT USE
FOR C-N USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN
ATTACHED HERETO AND MADE A PART HEREOF; GRANTING A VARIANCE TO THE
REGULATION IN SECTION 52-49(A)(10); PROVIDING FOR SPECIAL CONDITIONS AND
REGULATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP
ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE WITH A
COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE DOES NOT
REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES OF DIRECT
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
-1-
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and
and
under a site plan district for use as C-N 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;

IRVING, TEXAS:
changed in that the use of the following described property, to-wit:
Safeway Addition No. 10 Revised, Lot 1
which is presently zoned S-P-2 Site Plan District Use for C-N uses under Ordinance No. 1144, is
changed to S-P-2 Site Plan District Use for C-N uses under Ordinance No. 1144, subject to all the
requirements of Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A
of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
-2-
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SECTION 2. The City Council, pursuant to Section 52-49(a)(14) of Comprehensive Zoning

Ordinance No. 1144, hereby grants a variance to the regulation contained in Section 52-49(a)(10)
regarding the sale of alcoholic beverages within 300 feet of a church, public or private school, or public
hospital after determining the enforcement of the regulation is not in the best interest of the public,
constitutes a waste or inefficient use of land or other resources, creates an undue hardship on an
applicant, does not serve its intended purpose, is not effective or necessary, or for any other reason
determined to be in the best interest of the community after consideration of the health, safety, and
welfare of the public and the equities of the situation.
-3-
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JANUARY 13, 2011 .
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
-4-
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Attachment: G: Applicant-Submitted Map of Support (3741 : 11 - ZC10-0052)
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Attachment: I: Letters of Support SET 1 (3741 : 11 - ZC10-0052)
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Attachment: J: Letters of Support SET 2 (3741 : 11 - ZC10-0052)
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Attachment: K: Letters of Support SET 3 (3741 : 11 - ZC10-0052)
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Attachment: L: Resolution of Support from Irving-Las Colinas Chamber of Commerce (3741 : 11 - ZC10-0052)
33.l
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Attachment: M: Public Comment Forms in Opposition (3741 : 11 - ZC10-0052)
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Attachment: M: Public Comment Forms in Opposition (3741 : 11 - ZC10-0052)
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Attachment: N: Petition of Opposition (3741 : 11 - ZC10-0052)
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Attachment: O: Emails of Opposition (3741 : 11 - ZC10-0052)
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Attachment: P: Petition of Opposition (2) (3741 : 11 - ZC10-0052)
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Attachment: B: December 20, 2010 Planning and Zoning Meeting Minutes [Revision 1] (3741 : 11 - ZC10-0052)
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Attachment: Q: Petition of Opposition (3) (3741 : 11 - ZC10-0052)
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Attachment: R: Letter from Joe Putnam (3741 : 11 - ZC10-0052)
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Attachment: S: Petition in Opposition 4 (3741 : 11 - ZC10-0052)
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3716

Resolution -- Appointments to the Irving Flood Control District Section I to

Fill Two-Year Terms Expiring January 2013
2. Impact: This board is responsible for maintaining and improving the flood control
program for Section I.
3. The board members must own taxable land within the district.
Recommendation
.
District Manager Jacky Knox has provided a recommendation to the Council for
reappointment to this board.
ATTACHMENTS:
IFCD I Recommendation Letter (PDF)

None
Prepared: 11/29/2010 09:04 AM by Jennifer Phillips
Last Updated: 12/27/2010 10:33 AM by Jennifer Phillips
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CITY OF IRVING

SECTION I. THAT the following individuals be and are hereby reappointed to the Board of
Directors of Irving Flood Control District, Section I:
Patrick Daly
Robert Galecke
Gary Swink
said terms of office expiring January 2013.
As a result of the appointments heretofore stated, the Board of Directors of Irving

Flood Control District, Section I, is represented by the following:
Term Expiration
Phil Forte January 2012
Richard Lindsey January 2012
Gary Weinberger January 2012
VACANT January 2013
Patrick Daly January 2013
Robert Galecke January 2013
Gary Swink January 2013
SECTION II. THAT this resolution shall take effect from and after its final date of passage,
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: IFCD I Recommendation Letter (3716 : 02 Appt IFCD I)
35
AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3718

Resolution -- Appointing Board Members to the Tax Increment

Reinvestment Zone No. 1 Board to Fill Two-Year Terms Expiring January
2013
2. Impact: Board members must be a qualified voter within the City of Irving or own
real property in the zone.
3. The City Council appoints five of the positions to this nine-member board.
Recommendation
.
Most of the current members are eligible for reappointment and have asked to be
reappointed. Robert Stewart is technically not eligible for reappointment as he has exceeded
three consecutive terms.

NONE
Last Updated: 1/6/2011 02:43 PM by Cecilia Castillo
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CITY OF IRVING

SECTION I. THAT the following individuals be and are hereby reappointed to the Tax Increment
Reinvestment Zone No. 1 Board of Directors:
Bruce Kamis
Dan Matkin
Owen DeWitt
Jim Truitt
said terms of office expiring January 2013, and the appointment of
__________
said term of office expiring January 2013.
As a result of the appointments heretofore stated, the Tax Increment Reinvestment

Zone No. 1 Board of Directors is represented by the following:
Term Expiration
Bruce Kamis January 2013
Dan Matkin January 2013
__________ January 2013
Owen DeWitt January 2013
Jim Truitt January 2013
Randy Brigham (CFBISD) January 2013
Scott Layne (IISD) January 2013
Christa Slejko (DCCCD) January 2013
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3732

Resolution -- Appointing a Board Chair to the Tax Increment Reinvestment

Zone No. 1 Board with a Term Expiring January 2012
2. Impact: In accordance with the city ordinance, the Council must appoint the Chair
of this board yearly.
Recommendation
.

None
Prepared: 12/15/2010 02:05 PM by Jennifer Phillips
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36
CITY OF IRVING

SECTION I. THAT __________ is hereby appointed as Chairman of the Tax Increment
Reinvestment Zone No. 1 Board of Directors, said term of office expiring January
2012.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 1/13/2011 DOC ID: 3758

Resolution -- Appointments to the Metropolitan Higher Education Authority

to Fill Two-Year Terms Expiring June 2012
2. Impact: The Metropolitan Higher Education Authority is a nonmember, nonstock,
nonprofit corporation created by, and acting on behalf of, the City of Irving and is
working with the University of Dallas on capital improvements for its Irving campus.
3. This resolution reappoints the current board members pursuant to the board’s bylaw
requirements.
Recommendation
Previous Action: 2008-250 Council Action: Reinstated and Appointed the
board
.

None
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37
CITY OF IRVING

SECTION I. THAT the following individuals be and are hereby reappointed as members of the
Metropolitan Higher Education Authority:
Meredith Bolger
Al Jarrell
Maurice Korkmas
Mike Kunstadt
Helen Schilling
Ben Thomas
Jim Widener
said terms of office expiring June 2012.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 466

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AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, JANUARY 13, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

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

Pastor Chris Davis, King's Chapel

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 39

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

City Council Agenda 01/13/2011 1

3. Approving regular meeting minutes for Thursday, December 09, 2010

4 Resolution -- Approving a Records Control Schedule for Fleet Documents

5 Resolution -- Designation of an Interim City Secretary

City Council Agenda 01/13/2011 2

7 Resolution -- Approving an Amended Interlocal Agreement Between the

City Council Agenda 01/13/2011 3

City Council Agenda 01/13/2011 4

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

City Council Agenda 01/13/2011 5

12 Resolution -- Authorizing Additional Environmental Study in Furtherance

City Council Agenda 01/13/2011 6

13 Resolution -- Amending Resolution No. 9-22-83-573 Relating to the Length

City Council Agenda 01/13/2011 7

15 Resolution -- Approving a Discretionary Service Agreement Between the

City Council Agenda 01/13/2011 8

17 Resolution -- Approving a Discretionary Service Agreement Between the

City Council Agenda 01/13/2011 9

City Council Agenda 01/13/2011 10

20 Resolution -- Awarding an Engineering Services Agreement with RJN

City Council Agenda 01/13/2011 11

22 Resolution -- Approving the La Buena Vida Foundation Application for

City Council Agenda 01/13/2011 12

Bids & Purchasing Items

23 Resolution -- Approving a Mutual Cooperative Purchasing Agreement

City Council Agenda 01/13/2011 13

Dal-Ec Construction Ltd $615,682.75 $615,682.75

City Council Agenda 01/13/2011 14

City Council Agenda 01/13/2011 15

27 Ordinance -- Budget Adjustment to the 2010-11 Fiscal Year Budget

City Council Agenda 01/13/2011 16

City Council Agenda 01/13/2011 17

ZONING CASES AND COMPANION ITEMS

City Council Agenda 01/13/2011 18

31 Ordinance -- Zoning Case #ZC10-0043 - Granting S-P-2 (Generalized Site

City Council Agenda 01/13/2011 19

City Council Agenda 01/13/2011 20

City Council Agenda 01/13/2011 21

City Council Agenda 01/13/2011 22

City Council Agenda 01/13/2011 23

APPOINTMENTS AND REPORTS

35 Resolution -- Appointing Board Members to the Tax Increment

City Council Agenda 01/13/2011 24

37 Resolution -- Appointments to the Metropolitan Higher Education Authority

City Council Agenda 01/13/2011 25

WORK SESSION MEETING OF THE IRVING CITY COUNCIL

Attendee Name Organization Title Status Arrived

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

27 Ordinance -- Amending Chapter 7 “Billboards and Signs” of the Land

28 Ordinance -- Designating a Certain Contiguous Geographic Area in the City of

City Council Work Session

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

Council recessed at approximately 12:20 p.m.

Council reconvened at approximately 1:10 p.m.