IrvingCC Packet 2011-03-24

AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, MARCH 24, 2011
COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
~
11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, MARCH 23, 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 Norris Q. McGill of Antioch Christian Church

Pledge Of Allegiance
Proclamations, Announcements, and Special Recognitions
Public Hearing: Items 1 through 27
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 03/24/2011 1

CITY COUNCIL AGENDA
1 City Operations Update
CONSENT AGENDA
2 Approving work session minutes for Wednesday, March 02, 2011
3 Approving regular meeting minutes for Thursday, March 03, 2011
4 Resolution -- Authorizing the Destruction of Obsolete Records in

Accordance with the City of Irving’s Records Management Policy
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all record destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 384 cubic feet of records for Management Operations
Team, Purchasing, Library, Police TSB, Water Utilities, Corporate Communications,
Municipal Court, Streets and Traffic, and Irving Convention and Visitors Bureau.
Recommendation
The resolution be approved.
5 Resolution -- Approving a Records Control Schedule for Water Utilities

Documents
2. Impact: Creation of a Water Utilities control schedule, to be approved by the
Council, identifies the retention and disposition of records created and received by
Water Utilities 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

6 Resolution -- Authorizing the Mayor to Apply for Funding through the
Office of the Attorney General for the Victim Coordinator and Liaison
Grant (VCLG) for a Two-Year Period
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: This is an application to continue an existing grant which the Police
Department has received for 10 years. The Crime Victim Liaison provides services
for victims of violent crime to reduce the impact of the trauma.
3. This grant will provide partial funding for the Crime Victim Liaison in the Police
Department’s Crime Victim Services Unit.
4. The funding period for this grant begins on September 1, 2011, and terminates on
August 31, 2013.
Recommendation
7 Resolution -- Approving an Engagement Letter with Gibson, Dunn &

Crutcher LLP for Legal Services Related to the Entertainment Center
Expedited Declaratory Judgment Litigation
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Engaging Michael Raiff of Gibson, Dunn & Crutcher LLP will allow the City
to maintain the same successful litigation team to continue the bond validation suit.
3. Michael Raiff is lead counsel in the bond validation litigation. He has joined Gibson
Dunn & Crutcher LLP in their Dallas office.
4. Mr. Raiff and Rob Collins (of Vinson & Elkins, L.L.P.) will coordinate the legal work
to remain within the anticipated appellate costs.
3. Fees will be based on the current standard billing rates of the attorneys assigned to
this matter which range from $510 per hour to $700 per hour. These fees will be
billed on a monthly basis.
Recommendation

8 Resolution -- Approving Settlement in Donald W. Good v. The City of
Irving, Texas, Chief of Police for the City of Irving, and Fred Curtis
2. Impact: The settlement, if authorized, would resolve the lawsuit.
3. This case was mediated on March 11, 2011.
4. Funding is available in the Self-Insurance Fund (General Liability Program).
Recommendation
9 Resolution -- Awarding a Contract to Jeske Construction Company for the

O’Connor Road Infrastructure Improvements - Phase I: Brockbank Cul-De-
Sac Project
1. This item supports Strategic Goal No. 1: Land Use and No. 9: Infrastructure.
2. Impact: This project will improve the drainage issues on the southern portion of
Brockbank, improve the safety of traffic flow on O’Connor Road, connect the
residential alley to the south, and replace a water line for four residential properties.
3. Bids were received from seven vendors. Jeske Construction Company submitted
the lowest and best base bid of $367,428.00. An additional $7,572.00 is required
for testing, bringing the total cost of the project to $375,000.00. This is $80,000.00
(18%) below the funding allocated for this project.
4. Minority- and/or Women-owned Business (M/WBE) participation on this award is
24%.
5. Funding in the amount of $375,000.00 is available in the Street Improvement Bond
Fund and Water Improvement Bond Fund.
Recommendation

10 Resolution -- Awarding a Contract to Texas State Utilities, Inc., for the
MacArthur Boulevard Infrastructure Improvements - Utility
Undergrounding for the Sixth Street and MacArthur and the Pioneer Drive
and MacArthur Intersections Project.
1. This item supports Strategic Goal No. 1: Land Use and Goal No. 9: Infrastructure.
2. Impact: This project will relocate utilities in preparation of intersection paving
improvements. It will improve the reliability of franchise utility services and
landscape appearance in the areas around the MacArthur Boulevard intersections
at Sixth Street and Pioneer Drive.
3. Texas State Utilities, Inc., was the only respondent with a bid in the amount of
$318,748.42. An additional $6,251.58 is required for testing, bringing the total cost
of the project to $325,000.00. This is $315,000.00 (49%) below the funding
allocated for this project.
4. These are the next two intersections on the MacArthur corridor enhancement
project.
5. This complies with ongoing efforts to underground utilities and will provide for a
more reliable power source in inclement weather. This conduit installation will allow
for the Oncor’s Underground Facilities Cost Recovery Program to fund the
undergrounding of these overhead wires.
6. Minority- and/or Women-owned Business (M/WBE) participation in this award is
30%.
Fund.
Recommendation
11 Resolution -- Authorizing the Mayor to Execute an Agreement Between the

City of Irving and the Texas Department of Transportation for Sharing
Intelligent Transportation Systems (ITS) Data
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This resolution gives the ability to share real-time video images of traffic
operations and motorist advisory information on a mutual basis between the City of
Irving and the Texas Department of Transportation (TxDOT).
3. This Agreement permits the city direct access and limited control over the TxDOT
ITS Field Network and ITS Business Network.
4. This sharing of information and traffic intelligence will significantly improve mobility,
traffic operational efficiency and management, as well as public safety and
emergency response.
5. There is no funding required.

Recommendation
12 Resolution -- Authorizing the Mayor to Approve Statement of Cost in

Accordance with the Advanced Funding Agreement with Texas
Department of Transportation for the IH635 Westbound Frontage Road
from 0.95 Miles West of Belt Line Road to 0.075 Miles West of Olympus
Boulevard
2. Impact: The completed project has greatly enhanced overall mobility as well as
access along the IH635 Corridor.
3. City participation in this project was established by Resolutions 01-06-05-013 and
01-06-05-014 passed in January 2005.
4. The City of Irving placed a total of $4,512,769.87 as an advanced payment to cover
its share of the estimated cost associated with the project. These funds were fully
reimbursed in accordance with the Escrow Agreement between the City of Irving
and Billingsley Development Corporation Council Resolution 1-6-05-013.
5. The final cost was $4,589,468.09 leaving a deficit of $76,698.22.
6. This project has been completed and accepted by TxDOT.
7. Funding in the amount of $76,698.22 is available in the Street Improvement Fund.
In accordance with the Escrow Agreement between the City of Irving and Billingsley
Development Corporation Council Resolution 1-6-05-013, the funds will be
reimbursed in their entirety to the City of Irving.
8. Upon reimbursement by Billingsley Development Corporation to the City of Irving,
the Public Works Traffic & Transportation Department request reimbursed funds be
placed in a Non-Bond CIP account.
Recommendation

13 Resolution -- Approving an Amendment to an Agreement with Fleet Star of
Texas, L.C. for Upgrade and Operation of Compressed Natural Gas Fueling
Station at Municipal Service Center at 132 North Briery Road, Irving, Texas
1. This item supports Strategic Goal No. 10: Environmental Sustainability
2. Impact: This agreement allows for the conversion of the existing pumps to fast
fueling compressed natural gas pumps at no cost to the city.
3. It will allow the equipment to fill at a higher speed and be more effective to our
operation.
Recommendation
Bids & Purchasing items

Items 14 - 20
14 Resolution -- Renewing Annual Contract with Greenstar North America for

Curbside Recycling Program
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. This item has been recommended by Public Works - Solid Waste Services.
3. Impact: This service helps to save landfill space and increase the refuse diversion
rate through the curbside collection of recycling items.
4. This renewal establishes the continuation of an annual contract for processing
services for recyclables in the city’s curbside collection program. The original
contract was awarded on the basis of competitive bids.
5. The terms of the program allow revenue to be generated for the city. Due to the
recovery of the recycling commodity markets, it is anticipated that revenue from the
processing of recyclables will now be generated. This revenue helps to offset the
expense of the curbside recycling program.
6. Funds in the net projected revenue amount of $72,000.00 for this two-year contract
will be deposited in the Solid Waste Enterprise Fund.
Vendor FY2011-12 FY2012-13 Total

FY2010-11 Est. Rev. Est. Rev. Est. Rev.
Est. Rev. (Oct – Sept.) (Oct – Mar)
(Apr. – Sept) (Future FY-not yet (Future FY-not yet
(current FY) approved) approved
Greenstar North $18,000.00 $36,000.00 $18,000.00 $72,000.00

America
Recommendation

15 Resolution -- Renewing Annual Contract with Martin Eagle Oil Company,
Inc., through a Mutual Cooperative Purchasing Agreement with Tarrant
County for Fuels: Unleaded, Diesel, and Biodiesel
2. This item has been recommended by Public Works – Inventory Operations.
3. Impact: This mutual agreement with Tarrant County using Martin Eagle Oil as the
fuel vendor will enable the city to quantify and consistently reduce the distribution
expenses and environmental risks, while substantially improving the inventory
management system.
4. This renewal establishes the continuation an annual contract providing fuel for the
city. The original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated annual amount of $3,444,917.36 for this one year
contract is available in the Garage Fund.
FY2010-11 FY2011-12 Total
Vendor Est. Exp. Est. Exp. Est. Exp.
(Apr – Sept) (Oct – Mar)
(current FY) (Future FY-not yet approved)
Martin Eagle Oil $1,818,958.60 $1,625,958.76 $3,444,917.36

Company
Recommendation

16 Resolution -- Renewing the Annual Contract with Irvtex Automotive Sales
dba Westway Ford for Repair Services and Body Work for Ford Vehicles
2. This item has been recommended by Public Works - Fleet.
3. Impact: This contract will ensure that the city’s fleet of Ford vehicles will continue
to be repaired efficiently with minimal downtime.
4. This renewal establishes the continuation of an annual contract to provide service
repairs and body work for Ford vehicles. The original contract was awarded on the
basis of competitive bids.
5. The estimated expenditure will be $190,000.00 for this two-year contract, and
funding is available in the Garage Fund.
FY2011-12 FY2012-13
Est. Exp. (Future FY- Est. Exp. (Future FY-
FY2010-11 budget not yet budget not yet Total
Vendor Est. Exp. approved) approved) Est. Exp. For
(Apr-Sep) (Oct-Sep) (Oct-Jan) Two Years
Irvtex Automotive Sales
dba Westway Ford $50,000.00 $100,000.00 $40,000.00 $190,000.00
Recommendation

17 Resolution -- Renewing the Annual Contract with Master Cleaning Supply,
Inc., for Janitorial Supplies
1. This item supports Strategic Goal No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
3. Impact: City facilities are kept clean and sanitary for employees and visitors
promoting a positive work environment.
4. This renewal establishes the continuation of an annual contract to provide janitorial
supplies – paper products. The original contract was awarded on the basis of
competitive bids.
5. Funding in the net estimated annual amount of $65,000.00 for this one-year
contract is available in the Inventory Fund.
FY2010-11 FY2011-12
Est. Exp. Est. Exp.
(Current FY) (Future FY-not yet approved) Total
Vendor (Apr-Sep) (Oct-Mar) Est. Exp.
Master Cleaning
Supply, Inc. $32,000.00 $33,000.00 $65,000.00
Recommendation

18 Resolution -- Approving and Accepting the Bid of Austin Masonry
Construction for an Annual Contract to Provide Masonry and Stone Work
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. This item has been recommended by Capital Improvements Programs.
3. Impact: Masonry and stone work repairs help to improve the visual impression of
the city and the benefits of providing this work through an annual contract are both
time and cost effective.
4. This award establishes an annual contract for the provision of masonry and stone
work.
contract is available in the General Fund.
FY2011-12
Est. Exp.
FY2010-11 (Future FY-not yet
Est. Exp. approved) Total
Austin Masonry $72,997.17 $52,140.83 $125,138.00

Construction
Recommendation

19 Resolution -- Renewing an Annual Contract with John J Duncan, Ph.D.,
Formerly ViaScan of Las Colinas, for Electron Beam Tomography (EBT)
Scanning
2. This item has been recommended by Fire.
3. Impact: This service helps to diagnose potential health problems that might not be
detected with standard screenings and ensure that firefighters are healthy.
4. This renewal establishes the continuation of an annual contract to provide electron
beam tomography scanning and blood work (total cholesterol) for Fire Department
employees.
5. Pricing remains the same as awarded in 2006.
contract renewal is available in the General Fund.
FY2010-11 FY2011-12 Total
Vendor Est. Exp. (Jan – Sept) Est. Exp. (Oct – Dec) Est. Exp.
John J. Duncan Ph.D.

Formerly ViaScan of $48,749.98 $16,250.02 $65,000.00
Las Colinas
Recommendation

20 Resolution -- Renewing an Annual Contract with Lone Star Auctioneers,
Inc., for Auctioneer Services
2. This item has been recommended by Police.
3. Impact: The city will continue to secure revenue through the disposal of unclaimed,
impounded vehicles through monthly auctions and the disposal of surplus city
vehicles and equipment. Auctioneer will be paid a fixed percentage of the revenues
generated by the various disposal auctions.
4. This renewal establishes the continuation of an annual contract to provide
auctioneer services for retired fleet and equipment, impounded vehicles and
miscellaneous warehouse items. The original contract was awarded on the basis of
competitive bids.
5. Minority- and/or Woman-owned Business Enterprises (M/WBE) participation on this
award is 100%.
6. Auctioneers Services for FY10-11 sales of impounded vehicles accounted for
$300,400.00 in revenue.
7. Funding in the net estimated annual amount of $20,750.97 for this one year
FY2011-12
Est. Exp.
Lone Star
Auctioneers, Inc. $9,253.93 $11,497.04 $20,750.97
Recommendation
End of Bids

ZONING CASES AND COMPANION ITEMS
21 Resolution -- Approving Final Plat - Enclave at TPC Las Colinas Phase 3
Revised - Approximately 0.4622 Acres Located at 4736 and 4740 Byron
Circle - Parikh Family Revocable Trust, Applicant/Owner
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: March 21,
2011 – Technical Denial
3. The property is platted as all of Lots 14 and 15, Block C, Enclave at TPC Las
Colinas, Phase 3. The property is being replatted into one lot for new residential
development.
4. The following exception to the Subdivision Ordinance requires this plat to be

forwarded to the City Council for approval: Section 35-16 requires all lots to front
onto a public street. Byron Circle is a private street.
5. This plat complies with all other requirements of the Subdivision Ordinance.
Recommendation
22 Resolution -- Approving Special Sign Permit S1102-0027 To Allow a Digital

Off-Premise Advertising Sign - Property Located at 1608 N. Loop 12 - CBS
Outdoor, Applicant - Spoon Industries, Owner
2. Impact: Upgrading a standard billboard with an architecturally-enhanced digital face
will improve the appearance of N. Loop 12.
3. CBS Outdoor, Inc. owns the 50-ft tall billboard at 1608 N. Loop 12. Due to the Loop
12/SH 183 expansion, the original billboard at this site was relocated to the east.
State law and City ordinance allow signs to be relocated to a nearby location if
required by a roadway expansion.
4. The applicant is seeking approval to put a digital face on the billboard. The sign
face will be 13.6 feet tall and 47.3 feet wide.
5. Section 7-15 of the City of Irving Code of Civil and Criminal Ordinances authorizes
City Council to grant a special sign permit for a digital display.
6. The applicant proposes to encase the structure in simulated stacked stone with an
aluminum top cap that is painted and textured. This design is similar to another
recently relocated commercial sign.

7. Staff can support this request since the billboard will be enhanced with architectural
features that the City could not require as part of a standard billboard relocation
necessitated by right-of-way expansion.
Recommendation
23 Resolution -- Approving Special Sign Permit S1102-0028 to Allow a Digital

Off-Premise Sign - Property Located at 3210 East John W. Carpenter
Freeway - CBS Outdoor, Inc., Applicant - Roger Stebbins, Owner
2. Impact: The removal of two old standard billboards and their replacement with one
upgraded, architecturally-enhanced billboard will improve the appearance of State
Highway 183.
3. CBS Outdoor, Inc. owns two existing billboards; one at 2100 N. Loop 12 (Southeast
corner of Loop 12 and State Highway 183) and another at 2801 Spur 482. The sign
on Loop 12 must be removed due to the State Highway 183 widening, while the
sign on Spur 482 must be removed due to the construction of the DART Orange
Line. State law and City ordinance allow these signs to be relocated to a nearby
location if required by a roadway expansion.
4. In lieu of constructing two new standard billboards as is allowed by City ordinance,
the applicant requests approval to install a single 70-ft tall sign with one digital face
at 3210 E. John W. Carpenter Freeway. The sign face will be 13.6 feet tall and 47.3
feet wide.
7. As part of the widening of SH 183, TxDOT intends to acquire (but has not yet
acquired) an approximately 90-ft deep strip of land along the frontage of the
property on which the sign is proposed to be constructed. The applicant has agreed
to recognize the future right-of-way line and will construct the new sign
approximately 120 feet from the current property line.
8. As a condition of approval, the applicant will be required to remove the existing
signs within 30 days of receiving the TxDOT permit and a construction permit from
the City of Irving. The City may withhold issuance of an electrical permit for the new
sign until the existing signs are removed.
9. Staff can support this request since the replacement sign will be enhanced with
architectural features that the City could not require as part of a standard billboard
relocation necessitated by right-of-way acquisition, and because the applicant will
be removing two existing signs.

Recommendation
24 Ordinance -- Amending the Comprehensive Plan to Change the

Recommended Land Use from Retail to Light Commercial and Granting S-
P-2 (Generalized Site Plan) for Retail and Mini-Warehouse with Caretaker's
Quarters Uses in Zoning Case #ZC10-0050 - Approximately 7.2 Acres
Located on the Southwest Corner of State Highway 161 and Walnut Hill
Lane - Assured Group, Applicant - Don Valk, Owner (Postponed from
February 17, 2011)
2. Planning and Zoning Commission Hearing Date and Recommendation: January 3,
2011 – Favorable, 5-2 (Commissioners Fischer, Zapanta, nay; Commissioners
Allen, Palmer, absent), with the stipulation that all required trees on Walnut Hill be
included in Phase 1, and that no Certificate of Occupancy be granted for a Phase 1
mini-storage building until the Phase 1 retail is constructed.
3. The applicant is requesting a Comprehensive Plan Amendment and zoning change

to allow retail and mini-warehouse uses.
4. The Comprehensive Plan’s Future Land Use Map recommends Retail uses for this
property. This request is not in conformance with the Comprehensive Plan. The
applicant has provided a request to revise the land use to allow Commercial uses to
allow mini-warehouse uses. The applicant has not provided justification why mini-
warehouse uses are appropriate for this area; rather, the applicant simply states why
they believe retail has a limited viability at this location.
5. The subject tract is currently undeveloped. It is bounded on three sides by Walnut

Hill Lane, Northstar Drive, and State Highway 161. The property is adjacent to an
existing office development to the south. The property is within the Airport/State
Highway 161 Overlay District. The applicant is proposing a Generalized Site Plan for
C-N Neighborhood Commercial uses with the additional use of mini-warehouse with
a caretaker’s quarters. The applicant was asked to provide a concept plan with
landscaping and elevations.
6. The applicant is proposing 73,900 sq. ft. of mini-warehouse space in nine buildings,
with an office and caretaker’s quarters. An additional 24,200 sq. ft. of retail space is
proposed, fronting on Walnut Hill and SH 161 that will allow retail, restaurant, or
office uses. This retail area was provided at the recommendation of staff to create a
more mixed-use development. However, only 6000 sq. ft. of retail is shown in Phase
1, and there is no guarantee that Phase 2 will ever be built.

7. The applicant was asked to provide an example of a development of theirs that
included at least 15,000 square feet of retail as a component of the project, as this
request does. The applicant was unable to provide evidence of a similar retail and
mini-warehouse development among the 21 Dallas/Fort Worth area locations the
applicant operates. Staff believes that this amount of retail will be not be completed
by the applicant, and the project will remain simply a mini-warehouse development.
8. The applicant is providing 15 spaces for the mini-warehouse for Phase I or one
space per 4900 sq. ft. This has been an acceptable ratio of parking provided for self-
storage uses previously. The applicant is also providing 122 spaces for retail uses.
37 of those spaces are proposed in Phase 1; 85 of those spaces will not be included
until Phase 2 is developed.
9. The applicant must comply with the City’s landscaping ordinances for property
fronting on State Highway 161 and Walnut Hill. Phase 1 landscaping will consist of
all required landscaping along the SH 161 frontage and the corner of SH 161 and
Walnut Hill. The applicant is proposing planting the required trees in the interior
parkway on Walnut Hill for Phase 1. Required screening shrubs for parking on
Walnut Hill will be provided at the time of Phase 2 development.
10. The applicant also must comply with the Airport/State Highway 161 Overlay district
requirements for building materials. Elevations provided show architecture with two
masonry materials and building articulation that complies with the overlay district.
11. The applicant has been asked to provide a right turn lane from east-bound Walnut
Hill onto the 161 frontage road as part of the access to the site on the east side.
The property was platted in 2007 and a right turn lane was not required at that
time. The State of Texas may require a traffic impact analysis as part of this
development, due to the fact that the new proposed driveway operation on SH 161
will change by the additional traffic generated by this proposed development. It is
possible that the new traffic generated by this development will exceed the
driveway volume threshold that will require this developer to dedicate and
construct a right-turn lane. However, this is a TxDOT requirement, and staff has
provided this information to the applicant for his reference. The applicant is not
including a right turn lane as part of this proposal.
12. Staff cannot support mini-warehouse uses as a component of the development at

this location. Staff believes office and retail uses are more appropriate for this
major intersection, as indicated by the Comprehensive Plan. It is important to note
that the site plan is divided into two phases. Only one retail building is included in
Phase 1. The majority of the retail area is included in Phase 2, and with no time
table for the complete retail development, it is possible that Phase 2 may never be
built. Staff cannot support mini-warehouse uses at a major intersection and
gateway on SH 161, or as a compatible land use adjacent to office uses and any
future highway development.
13. The stipulation of the Planning and Zoning Commission has been met.

14. Notices were mailed to thirty-eight (38) property owners within 200 feet of the
subject property, with no letters received in support, one letter of inquiry and two
(2) notices received in opposition. The opposition represents 24.8% of the property
within 200 feet. A ¾ vote of the City Council is required to approve this request.
15. This item was postponed from February 17, 2011 per the applicant’s request.
Recommendation
The request be denied.
25 Ordinance -- Zoning Case #ZC11-0001 - Amending Comprehensive Zoning

Ordinance No. 1144 of the City of Irving, Texas, By Amending Section 52-
35e. Nondepository Financial Institutions and Repealing Chapter 38
Entitled "Business Registration" of The Code of Civil and Criminal
Ordinances of the City of Irving, Texas - City of Irving, Applicant
(Postponed from March 3, 2011)
1. This item supports Strategic Goal No. 1: Land Use, Goal 2: Neighborhoods and
Goal 3: Economic Development.
2. Planning and Zoning Commission Hearing Date and Recommendation: February
21, 2011 – Postponed to March 7, 2011 – 7-0 (Commissioner Zapanta, absent;
Commissioner Tannehill, abstain). March 7, 2011 – Postponed to March 21, 2011
6-0 (Commissioners LaRose, Randall and Fisher, absent). The March 21, 2011
Planning and Zoning Commission recommendation will be provided to the City
Council during the March 23, 2011 work session.
3. This is a proposed amendment to the Zoning Ordinance that will modify Section 52-
35e, Nondepository Financial Institutions, and will repeal Chapter 38, Article 1 of the
Code of Civil and Criminal Ordinances.
4. On April 23, 2009, the City adopted Ordinance 2009-9070, which added Section 52-
35e to the Zoning Ordinance, and Ordinance 2009-9071, which added Chapter 38
to the Code of Civil and Criminal Ordinances, in response to what was seen as a
clustering of Nondepository Financial Institutions along certain corridors, to the
possible detriment of other economic development opportunities and retention of
commercial and residential property values.
5. Section 52-35e established definitions for specific Nondepository Financial
Institutions (“NFIs”) including “check cashing,” “payday advance/loan,” and “car title
loan” businesses. This section established regulations restricting the location of
future establishments on certain corridors, in proximity to residential property, and in
proximity to other existing NFIs. The section also established nonconforming use
regulations that were more stringent than those regulating other nonconforming
uses through Section 52-47.

6. In the fall of 2010, the city was approached by the Greater Irving/Las Colinas
Chamber of Commerce and one of the larger payday lending establishments and
asked to review certain aspects of the ordinance, particularly those sections dealing
with the nonconforming use provisions.
7. In response to these and other staff-initiated concerns, staff re-examined the
provisions in Section 52-35e. At the conclusion of this review, staff recommended
the following significant changes:
A. Modify the ordinance so that NFIs in nonconforming locations are treated the
same as any other nonconforming use in Section 52-47 of the Zoning
Ordinance.
B. Allow for NFIs in nonconforming locations to change or transfer certificates of
occupancy at those locations if the use is not discontinued for more than 30
days or changed to another use.
C. Modify the definitions of each type of NFI to more closely align with the state’s
language and regulations concerning “credit service organizations”, and to
clarify that this section applies to establishments that broker payday and car title
loans, as well as those establishments that may actually make payday and car
title loans.
8. In addition to these changes to the zoning ordinance, this ordinance would repeal
Chapter 38, Article 1 of the Code of Civil and Criminal Ordinances. This would
eliminate the separate, additional registration process for NFIs that staff has found
to be of minimal benefit to the City. This portion of the proposed ordinance does not
require action by the Planning and Zoning Commission to be forwarded to the City
Council for their consideration.
9. After meeting with the corporate representatives of two payday lenders based in
Irving, staff believes this ordinance addresses the most pressing concerns
expressed to staff about the ordinance.
10. In summary, the proposed ordinance (1) brings nonconforming NFIs under the
same provisions as any other nonconforming use addressed in the zoning
ordinance; (2) clarifies the definitions of each type of NFI so as to reduce or
eliminate confusion regarding which establishments are covered by the provisions
of Section 52-35e; and (3) removes the additional registration process.
11. On January 13, 2011, the City Council Planning and Development Committee
directed staff to initiate this amendment.
12. On February 21, 2011, the Planning and Zoning Commission postponed this item
until March 7, 2011 to give the staff time to provide additional information requested
by the Commission. On March 7, 2011, the Commission postponed this item to
March 21, 2011 in order to consider the regulations on NFI’s more thoroughly.
Recommendation
If the Commission provides a recommendation on March 21, then staff will recommend
approval of the proposed ordinance. If the Commission does not make a
recommendation, then the request must be postponed to April 7, 2011.

APPOINTMENTS AND REPORTS
26 Mayor’s Report
27 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
March 2, 2011
The Irving City Council met in work session March 2, 2011 at 11:07 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
Minutes Acceptance: Minutes of Mar 2, 2011 11:00 AM (CONSENT AGENDA)

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
DISCUSSION TOPIC
1 Digital Cities Award Presentation
Brett Smith with McAfee presented the City of Irving with the Digital Cities Award on
behalf of the Center for Digital Government for ranking in the top 10 cities in
operational efficiencies and strategic intentions.
2 Review of Regular Agenda

7 Resolution -- Approving the City of Irving Annual Investment Policy
Brad Duff, Assistant Chief Financial Officer, gave an overview of the City’s
investment policy.
There will be no changes to the general investment policy that has been
presented. He provided a brief presentation of the investment portfolio for Irving.
8 Resolution -- Approving an Addendum to the Agreement for Legal Services with

Lynn, Pham & Ross, L.L.P.
The Council requested performance information from this firm and possible
postponement of this item pending the performance information.
16 Ordinance -- Amending Section 35 - Subdivisions of Part IV City of Irving Land

Development Code to Require Utilities to be Installed Underground with New
Development (Postponed from January 13, 2011)
Steven Reed, Planning & Development Manager, stated that this ordinance
requires all new utilities be installed underground, noting that this requirement
has already been established in the Heritage District and the SH 183 Overlay.
Packet Pg. 21
2
City Council Work Session

March 2, 2011
17 Ordinance -- Zoning Case #ZC10-0053 - Granting S-P-1 (Detailed Site Plan) for
P-O (Professional Office) Uses - Approximately 0.7 Acres Located at 609 and
615 North MacArthur Boulevard - Othman Hindieh, Applicant/Owner
Ken Bloom, Chief Planner, presented the applicant’s request. Staff recommends
approval of this item.
18 Ordinance -- Zoning Case #ZC11-0001 - Amending Comprehensive Zoning

Ordinance No. 1144 of the City of Irving, Texas, By Amending Section 52-35e.

Nondepository Financial Institutions and Repealing Chapter 38 Entitled
"Business Registration" of The Code of Civil and Criminal Ordinances of the City
of Irving, Texas - City of Irving, Applicant
Ken Bloom, Chief Planner, stated that it is requested that Council postpone this
item to the March 24 Council meeting.
3 Green Advisory Committee Update

This item is being postponed.
4 Green Fleet Initiatives

5 West Irving Library Environmental Initiatives

6 Volunteers in Policing
8 Personnel – Chief, Irving Fire Department

Chief Molina’s legal representation requested that this item be held in open session.
Chief Molina briefed the Council on the cases he has been asked to review.
The first case involved a complaint made by a captain regarding age discrimination comments
and an investigation of the complaint was conducted by the city’s Professional Standards
Division. Chief Molina received the investigation report, presented the contents of that
investigation to that accused party and took actions accordingly. He noted in this case, his
determination was to indefinitely suspend the battalion chief.
2
Packet Pg. 22
2

March 2, 2011
The second investigation involved an assistant chief that was aware of the age discrimination
and had discussions with the battalion chief regarding planned comments to be made to the
captain about his age and recommending he retire. He noted that the investigation found that
the assistant chief made no effort to stop the discrimination or discuss the situation with his
supervisor. Chief Molina received the investigation report, presented the contents of that
investigation to that accused party to provide feedback. He noted in this case, his
recommendation is for demotion which will be determined by the Civil Service Commission.
The third case involved a personnel issue in October 2009. There was a murder suicide in the
Irving community. One of the fire members at the crime scene used his cell phone to take
pictures of the scene of the crime and shared those pictures with friends, family and

colleagues. According to Chief Molina, this is in violation of department, city, HIPPA, and
federal policies. As a result, the case was investigated and the determination was for the
employee to be terminated. When Chief Molina presented the letter of termination, the
employee instead asked if he could resign and Chief Molina allowed him to do so.
Chief Molina described the investigation process involving the Professional Standards
Division conducting the investigation and consultation with the City Attorney’s Office before a
decision is made. He noted that in the cases involving age discrimination, the City Attorney’s
Office also consulted with outside legal counsel.
Councilman Philipp asked if Chief Molina felt any political influence when coming to his
decisions in these cases.
Chief Molina clarified that no political influence was placed when making his determinations;
however, he has received communication for certain Council members afterward in hopes of
changing his decisions for the “greater good”.
Mayor Gears clarified that Chief Molina’s performance should be reviewed by Tommy
Gonzalez, City Manager, but as it is on the agenda, Council will evaluate Chief Molina. He
noted the need to treat all employees fairly and discussed his concern with severe
punishment which is causing Fire Department employees to not feel supported under Chief
Molina’s leadership. Mayor Gears questioned the determination of terminating an employee
versus demotion or other discipline that may fit the employee’s infraction.
Chief Molina confirmed that his review of the case and the policies that were violated resulted
in his determination for indefinite suspension.
Mr. Anderson confirmed that when a civil service employee is disciplined they have the option
to appeal to the independent hearing examiner or the Civil Service Commission and then the
district court.
Mayor Gears closed the discussion noting his concern that one infraction from the battalion
chief did not constitute him incompetent to hold any position within the fire department and
that termination was too harsh a punishment.
Council recessed at approximately 1:26 p.m.

Council reconvened at approximately 2:15 p.m.
3
Packet Pg. 23
2

March 2, 2011
EXECUTIVE SESSION
Council convened into executive session pursuant to Section 551.071 and Section 551.074 of
the Texas Local Government Code at approximately 2:15 p.m.
7 Legal Advice - Donald Wayne Good v. the City of Irving, Texas, Irving Police
Department, Chief of Police for the City of Irving, Individually and in His Official
Capacity, and Fred Curtis, Individually and in His Official Capacity
Texas Open Meetings Act § 551.071

9 Personnel - City Manager Contract Review (requested by Mayor Gears)
Texas Open Meetings Act § 551.074
Council reconvened from executive session at approximately 4:15 p.m.

Council adjourned at 4:15 p.m.
___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Shanae Jennings, TRMC
City Secretary
4
Packet Pg. 24
3
REGULAR MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
March 3, 2011
The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, March 3, 2011 at 7:14 PM. The following members were
present / absent:
~
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Absent
Allan Meagher Irving City Council Councilman Present
Minutes Acceptance: Minutes of Mar 3, 2011 7:00 PM (CONSENT AGENDA)

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 Present
Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present
INVOCATION
The invocation was delivered by Pastor Onika Davis of DFW New Beginnings of the
City Of Irving, Texas.
PLEDGE OF ALLEGIANCE
Councilman Patrick led those present in the pledge.
PROCLAMATIONS AND ANNOUNCEMENTS
Mary Higbie, 3835 Twin Falls, Irving, TX - Ms. Higbie announced that the Irving Heritage
Society, in collaboration with Irving ISD and City of Irving Public Library, have scheduled
several community events in the upcoming months. She invited the public to come out
and participate in the activities.
Mayor Pro Tem Rose Cannaday presented David Price, Plymouth Park Baptist Church,
and Jesse Aguilar, City of Irving Code Enforcement, a proclamation to recognize Great
Days of Service week and all of the volunteers who participate in making improvements
in our community one house at a time.
Micah Pace from the Texas Forest Service presented the City of Irving with the Urban
Forestry Award. Mike Griffith, City Arborist and Dr. Marcy Brown-Marsden, chair person
to the Tree Advisory board, came forward to accept the award.
.
Packet Pg. 25
3
City Council Meeting

March 03, 2011
CITY COUNCIL AGENDA
1 City Operations Update
Tommy Gonzalez, City Manager, presented a video on the Great Days of Service and
the City Operations Update.
CONSENT AGENDA
Motioned by Councilman Philipp, seconded by Councilman Stopfer to approve consent

agenda items 2-16.

Motion approved 8-0.
2 Approving Minutes for Wednesday, February 16, 2011
RESULT: ACCEPTED [UNANIMOUS]

MOVER: Joe Philipp, Councilman
SECONDER: Rick Stopfer, Councilman
AYES: Meagher, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy,
Gallaway
ABSENT: Herbert Gears
3 Approving Minutes for Thursday, February 17, 2011
RESULT: ACCEPTED [UNANIMOUS]

Gallaway
2
Packet Pg. 26
3

March 03, 2011
4 Resolution No. RES-2011-58 -- Supporting the Continued Allocation of

Community Development Block Grant Funding from the U.S. Department of
Housing and Urban Development
RESULT: ADOPTED [UNANIMOUS]


Gallaway
5 Resolution No. RES-2011-59 -- Authorizing the Destruction of Obsolete

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

Gallaway
6 Resolution No. RES-2011-60 -- Authorizing the Mayor to Enter into an

Agreement with Dallas County Elections Department to Administer the
Regular Municipal Election to be Held on Saturday, May 14, 2011, for the
Purpose of Electing the Position of Mayor and City Council Places Three (3)
and Five (5), and Subsequent Run-Off Election If Necessary

Gallaway
3
Packet Pg. 27
3

March 03, 2011
7 Resolution No. RES-2011-61 -- Approving the City of Irving Annual

Investment Policy

Gallaway

8 Resolution No. RES-2011-62 -- Approving an Addendum to the Agreement

for Legal Services with Lynn, Pham & Ross, L.L.P.

Gallaway
9 Resolution No. RES-2011-63 -- Awarding a Contract to Gra-Tex Utilities, Inc.,

for Fairfield, Fairdale & Fairmont Water and Waste Water Improvements
Project

Gallaway
4
Packet Pg. 28
3

March 03, 2011
10 Resolution No. RES-2011-64 -- Awarding a Contract to Muniz Construction,

Inc., for the Missy, Hilltop & Marie Water and Waste Water Improvements
Project


Gallaway
11 Resolution No. RES-2011-65 -- Awarding a Contract to VA Construction, Inc.,

for Northwest Park Trail Extension Project

Gallaway
12 Resolution No. RES-2011-66 -- Approving Amendment No. 2 to an

Agreement with Simpleview/New Media Gateway to Upgrade the Platform
for Industry-Specific Software (CRM)

Gallaway
5
Packet Pg. 29
3

March 03, 2011
13 Resolution No. RES-2011-67 -- Approving the Interlocal Facility Use

Agreement Between the Irving Arts Center and the Irving Independent
School District for the Annual Exhibition of IISD Artwork to be Exhibited at
the Irving Arts Center from March 5 - April 10, 2011


Gallaway
14 Resolution No. RES-2011-68 -- Approving and Accepting the Bid of

Whitmore & Sons, Inc., for an Annual Contract for Mowing of Medians,
Parkways, and Landscapes

Gallaway
15 Resolution No. RES-2011-69 -- Renewing the Annual Contract with Baker

and Taylor, Inc., for Library Books and AV Materials with Electronic
Ordering Interface

Gallaway
6
Packet Pg. 30
3

March 03, 2011
16 Ordinance No. ORD-2011-9231 -- Amending Section 35 - Subdivisions of

Part IV City of Irving Land Development Code to Require Utilities to be
Installed Underground with New Development (Postponed from January 13,
2011)


Gallaway
7
Packet Pg. 31
3

March 03, 2011
17 Ordinance No. ORD-2011-9246 -- Zoning Case #ZC10-0053 - Granting S-P-1

(Detailed Site Plan) for P-O (Professional Office) Uses - Approximately 0.7
Acres Located at 609 and 615 North MacArthur Boulevard - Othman
Hindieh, Applicant/Owner
Mayor Pro Tem Rose Cannaday opened the public hearing at approximately 7:44
p.m.

No one elected to speak at tonight’s public hearing.
Mayor Pro Tem Rose Cannaday closed the public hearing at approximately 7:44
p.m.
Motioned by Councilman Patrick, seconded by Councilman Stopfer to approve

Zoning Case #ZC10-0053 - Granting S-P-1 (Detailed Site Plan) for P-O
(Professional Office) Uses - Approximately 0.7 Acres Located at 609 and 615
North MacArthur Boulevard - Othman Hindieh, Applicant/Owner
Motione approved 7-1.
Councilman Philipp voted in opposition to the motion.
RESULT: ADOPTED [7 TO 1]
MOVER: Lewis Patrick, Councilman
AYES: Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy, Gallaway
NAYS: Joe Philipp
8
Packet Pg. 32
3

March 03, 2011
18 Ordinance No. ORD-2011-9247 -- Zoning Case #ZC11-0001 - Amending

Comprehensive Zoning Ordinance No. 1144 of the City of Irving, Texas, By
Amending Section 52-35e. Nondepository Financial Institutions and
Repealing Chapter 38 Entitled "Business Registration" of The Code of Civil
and Criminal Ordinances of the City of Irving, Texas - City of Irving,
Applicant
Staff requested that this item be postponed to the March 24, 2011 City Council
meeting.
Motioned by Councilman Patrick, seconded by Councilman Stopfer to postpone

this item to March 24, 2011.
Motion approved 8-0.
RESULT: POSTPONED [UNANIMOUS]

Next: 3/24/2011 7:00 PM
MOVER: Lewis Patrick, Councilman
Gallaway
APPOINTMENTS AND REPORTS
19 Mayor’s Report
There was no Mayor's report given at tonight’s meeting.
20 Adjournment
The meeting adjourned at approximately 7:48 p.m.
Citizens’ Forum
Rene Castilla, 442 W. Northgate, Irving, TX - Mr. Castilla spoke as the Chairman of the
Mayor's Human Relations Advisory Committee regarding the verbal attacks that
occurred this week on two Hispanic leaders in the City of Irving, the City Manager and
the Fire Chief. The Hispanic community is proud to have Mr. Gonzalez and Mr. Molina
appointed to their offices. He added that although they have had to make difficult
decisions, he is proud, as are others, of the decisions they have made.
9
Packet Pg. 33
3

March 03, 2011
Anthony Bond, 4109 W. Northgate #821, Irving, TX - Mr. Bond stated the leadership of
Irving should support non-discrimination. He echoed what Mr. Castilla said and believes
Mr. Gonzalez has done a great job. Mr. Bond stated that he was saddened by the
disgruntlement that is occurring in the Fire Department.
Manuel Benavidez, 2108 Meadow Glen, Irving, TX - Mr. Benavidez stated it is time we
get to the important issues that effect the City of Irving and show professionalism as we
do it.
Roland Medina, 1600 N. MacArthur, Irving, TX - Mr. Medina wanted to express his

support for the City Manager and the Fire Chief and feels the City is on the right track.
Roy Harvey, 845 W. Irving Blvd, Irving, TX - Mr. Harvey, President of the Irving Fire
Fighters Association, spoke on behalf of the Fire Fighter Association and made a
statement regarding the open session that was held on March 2, 2011.
___________________________
ATTEST:
______________________
Shanae Jennings, TRMC
City Secretary
10
Packet Pg. 34
4
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3837

Recommending Department: City Secretary’s Office LSR No: N/A
Resolution -- Authorizing the Destruction of Obsolete Records in

Accordance with the City of Irving’s Records Management Policy
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all record destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 384 cubic feet of records for Management Operations
Team, Purchasing, Library, Police TSB, Water Utilities, Corporate Communications,
Municipal Court, Streets and Traffic, and Irving Convention and Visitors Bureau.
Recommendation
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
Destruction March 24, 2011 (PDF)
CURRENT YEAR FINANCIAL IMPACT:

NONE
REVISION INFORMATION:
Prepared: 3/2/2011 10:58 AM by April Goff
Last Updated: 3/2/2011 11:11 AM by April Goff
Packet Pg. 35
4
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 3837)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby authorizes the destruction of 384 cubic feet (382
boxes) of unneeded records as shown on the attached list.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 36
4.a
Packet Pg. 37
Attachment: Destruction March 24, 2011 (3837 : 02RM AUTH Destruction of Obsolete Records)
4.a
Packet Pg. 38
4.a
Packet Pg. 39
5
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3852

Recommending Department: City Secretary’s Office LSR No: 12120
Resolution -- Approving a Records Control Schedule for Water Utilities

Documents
2. Impact: Creation of a Water Utilities control schedule, to be approved by the
Council, identifies the retention and disposition of records created and received by
Water Utilities 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
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 third schedule to be approved this fiscal year.
ATTACHMENTS:
Water Utilities Control Schedule 3-2011 (PDF)

None
Prepared: 3/9/2011 11:28 AM by April Goff
Last Updated: 3/16/2011 03:29 PM by Belinda Rowlett
Packet Pg. 40
5
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Records Control Schedule for
the Water Utilities 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 Water Utilities 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.
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 41
5.a
Packet Pg. 42
Attachment: Water Utilities Control Schedule 3-2011 (3852 : 02 RM Records Control Schedule for Water Utilities)
5.a
Packet Pg. 43
5.a
Packet Pg. 44
5.a
Packet Pg. 45
6
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3840

Recommending Department: Police LSR No: 12114
Resolution -- Authorizing the Mayor to Apply for Funding through the

Office of the Attorney General for the Victim Coordinator and Liaison Grant
(VCLG) for a Two-Year Period
2. Impact: This is an application to continue an existing grant which the Police
Department has received for 10 years. The Crime Victim Liaison provides services
for victims of violent crime to reduce the impact of the trauma.
3. This grant will provide partial funding for the Crime Victim Liaison in the Police
Department’s Crime Victim Services Unit.
4. The funding period for this grant begins on September 1, 2011, and terminates on
August 31, 2013.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
ATTACHMENTS:
RES: 2011 Vclg App (PDF)

None
Prepared: 3/7/2011 11:08 AM by Darlene Jenkins
Last Updated: 3/7/2011 02:02 PM by Darlene Jenkins
Packet Pg. 46
6
CITY OF IRVING

SECTION I. THAT the City Council hereby authorizes the Mayor to make application for a
Victim Coordinator Liaison Grant (VCLG) from the Office of the Attorney General,
Crime Victim Services Division.
SECTION II. THAT the funding period will be from September 1, 2011, through August 31, 2013.
SECTION III. THAT in the event of loss or misuse of the Victim Coordinator Liaison Grant funds,
the City Council assures that the funds will be returned to the Office of the Attorney
General in full.
SECTION IV. THAT the City Council will not use the existence of a Victim Coordinator Liaison
Grant award to offset or decrease total salaries, expenses, and allowances that the
City receives at, or after the time, the grant is awarded.
SECTION V. THAT this resolution shall take effect from and after its final date of passage, and it is
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
Packet Pg. 47
6
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 48
Attachment: RES: 2011 Vclg App (3840 : 04 VCLG Grant App)
Packet Pg. 49
6.a
Crime Victim Services Division OVAGIVCLG Application Office of the Atiorney Genera!
TAB A-Organization
V0059-1 2-1088
1. ORGANIZATION
Unlaue AiIication Number WAN 1V0059-1 2-1 088
Leqal Name of ApDIIcant
—
.—.
ICitv of Irvina
Name of Aaencv Contact I Heather Koval
Aaencv Contact’s Teleohone Number 1972-721-6550
Amount Requested %of Personnel and Fringe Requested

FY 2012 $42,000.00 I 100%
FY 2013 $42,000.00 I 100%
2. MISSION STATEMENT
2.1 Provide the mission statement of your organization.
City of Irving Mission Statement: Deliver exceptional services and promote a high quality of life for residents, visitors and
businesses.
3. DESCRIPTION OF THE ORGANIZATION

3.1 Give a description of the history of your organization including the purpose for which it was created.
The Irving Police Department was established in 1940. Today we employ 340 commissioned officers and 275 civilian employess
who serve a community of over 200000, the 3rd largest in Dallas County. The Irving Police Department joined with citizens and
community leaders in 2002 to build the Irving Family Advocacy Center. The purpose of the center is to effectively meet the
physical, emotional, psychological and safety needs of crime victims. This center allows the police department and various
agencies that provide services to victims to collaborate together and provide more continuity of care for victims of violent crime.
The Family Advocacy Center houses Family Violence, Child Abuse, and Youth Investigative Units, Victim Services, Counseling
Center, Child Protective Services, Family Outreach, Inc. and Dallas Children’s Advocacy Center’s forensic interviewers and
therapists.
3.2 Give a description of how the organization has evolved to its current structure, this may include the scope of service,
geographic areas covered, staff heirarchy, legal organization, etc.
Prior to the establishment of the Irving Family Advocacy Center, victims of violent crime would travel to several facilities and
retell their story. Since the development of the center, victim service providers, investigators and child protective service
caseworkers have been able to collaborate together to address the needs of crime victims and their families. The Victim
Services Coordinator is able to support each victim through the criminal justice and mental health process. The police
department has taken a proactive stance in providing the Irving community with a facility and services unequaled by any other
police department in Texas. Our belief is that this approach provides victims with the best opportunity to reclaim their lives and
move beyond their victimization.
4. VICTIM SERVICES EXPERIENCE YEARS

4.1 How many years has the organization been providing victim-related services or assistance? I 10 years
Page 1 of 3
Packet Pg. 50
6.a
Crime Victim Services Division OVAGNCLG Application Office of the Attorney General
TAB A-Organization
V0059-1 2-1088
5. VICTIM SERVICES WORK
5.1 ProvIde a description of the work the organization is doing on behalf of victims of crime.
Irving Police Departments Victim Services Unit has been a leader in the effort to bring services for crime victims together at the
Irving Family Advocacy Center. Victim Services staff work closely with the investigators and other agencies in the building to
streamline the process, support victims and decrease the fear and anxiety that they may experience when going through the
criminal justice system. We assist victims of all crimes by providing crisis intervention, information, referrals to other agencies,
safety planning, advocacy through the criminal justice process, and any other services they may need. In addition, the Victim
Services Coordinator provides victim rights information, assistance with Crime Victim Compensation and VINE registration
processes. The Victim Services Unit regularly updates our local community resource list and has developed informational
brochures and booklets to assist victims. Examples include the Victim Services Resource Guide, Family & Adolescent Resource
Guide, and Guide to Dealing with Violent Death for family members of homicide victims. Victim Services staff continue to attend
trainings to receive current information on how to best serve crime victims. In addition, the Victim Services Coordinator attends
coalition meetings to learn about issues affecting victims and resources to meet victim needs.
5.2 How does this work fit into the organization’s overall goals and objectives?
Through the direct services with victims and collaboration that is done by the Victim Services Coordinator, we are working to
reduce the impact of violent crime on victims and their family members and ensure that the City’s Mission to “Deliver exceptional
services and promote a high quality of life for residents, visitors and businesses” is met in all the work we do with crime victims.
The development of the Irving Family Advocacy Center also enhances our ability to meet the immediate safety needs of crime
victims as well as provide the support they need through the criminal justice process.
6. VOLUNTEERS
6.1 Does the organization currently have a volunteer program, or plan to implement one this grant term? Yes
6.2 How many volunteers were active within the last year? 9
6.3 Describe how the organization utilizes or plans to utilize volunteers to support the organization’s mission, including any
specific victim-related services.
The Victim Services Unit utilizes interns from local universities who are working on degrees in a mental health or criminal justice
related field. The interns provide follow up assistance with victims of burglary, harassment and minor assault reports. Interns
provide information and referrals, safety planning, education about the criminal justice process and advocacy to victims who
might not otherwise receive assistance, Interns provide correspondence by mail to provide victims with needed resources.
Interns participate in special projects such as attending local coalition meetings, updating community resource lists, reference
materials and brochures, following up on Crime Victim Compensation Claims and data entry.
6.4 Describe training for volunteers including both training required prior to providing services and ongoing training conducted
throughout the volunteer’s service.
Interns are trained through didactic teaching, observational learning, experiential training and role play. Interns are provided with
a training manual, videos, powerpoint and literature to educate them on how to work with victims of crime. Interns are
encouraged to attend free community trainings to enhance their knowledge about working with victims of crime, Interns are
observed on a weekly basis for progress assessment and evaluation, Interns attend weekly supervision to learn skills and
discuss cases. Interns receive midterm evaluation and final evaluations to gauge their skills and performance during their
placement.
Page 2 of 3
Packet Pg. 51
6.a
Crime Victim Services Division OVAGIVCLG Application Office of the Attorney General
TAB A-Organization
V0059-1 2-1088
6.5 Describe how the organization recruits and retains volunteers or plans to do so.
Volunteers are recruited from local high schools, colleges and universities who have students in need internship hours to satisfy
their degree plan. We accept high school, undergraduate and graduate interns. We are on the referral list for Irving ISD Jack E.
Singley Acedemy, University of Texas at Arlington, Dallas Baptist University, University of Texas at Dallas and Texas Women’s
University and Argosy University. Each semester, applicants have an opportunity to interview for placement with the Victim
Services Unit.
7. COLLABORATIONS
7.1 Describe the benefits realized by victims of crime as a result of your organization’s collaboration(s) with other organizations (if
your organization collaborates) or through your organization alone (if your organization does not collaborate).
The Victim Services Unit continually strives to identify areas for possible collaboration and maintains close working relationships
with agencies who work in any capacity with victims. When an individual becomes a victim of crime, their entire life is impacted.
Many victims experience financial, emotional and psychological problems as a result of the crime, In order for Victim Services to
assist clients, it is imperative that we are aware of the resources to meet victims basic needs. By meeting victims basic needs,
the Victim Services Unit is able to reduce the impact of the crime and help victims move through the healing process. By
collaborating with other agencies, we are aware of the assistance that may be available to a victim and reduce the level of stress
by linking the victim directly with the service provider. Victims are more likely to follow through with a referral if the victim service
provider has already assisted the victim in making a connection with the collaborating agency.
7.2 If your organization collaborates, provide a list of the organizations, including the organization type (law enforcement agency,
advocacy center, hospital, task force, etc.) the applicant collaborates with to serve victims of crime for the purpose of supporting
or assisting in victim recovery.
The Victim Services Unit collaborates on a daily basis with the agencies housed at the Irving Family Advocacy Center. These
collaborations include Irving Police Department’s Domestic Violence, Child Abuse and Youth Investigations Units, Family
Counseling Services, Family Outreach, Child Protective Services and Dallas Children’s Advocacy Center’s Forensic Interviewers
and therapists. In addition to these agencies we collaborate with other police departments (sworn and non-sworn personnel);
Irving SD Counselors, Social Workers, Homeless Program; Dallas County District Attorney’s Office; Irving Municpal Court; Legal
Aid of Northwest Texas; Local Hospitals- billing offices and social workers; local funeral homes; local churches; Texas Office of
the Attorney General-Crime Victims’ Compensation Program; Adult and Juvenile Probation and Parole. We also work closely
with the following social service agencies: Irving Cares, Dallas Area Rape Crisis Center, Hope Center, Senior Source, Catholic
Charities, Parkland Hospital’s Victim Internvention Program, Victim Relief Ministries, Salvation Army, Urban League, MADD,
Brighter Tomorrows, Dallas Metrocare Services, and Contact. These agencies provide counseling, financial assistance, food,
shelter, clothing, support groups, job programs and mental health care. In addition, we are actively involved in the Dallas County
Crime Victim Council, Sexual Assault Coalition and Law Enforcement Victim Assistance.
8. STATE AND FEDERAL FUNDS EXPERIENCE YEARS

8.1 How many years of experience does the organization have in managing state or federal grant funds? I 25
Page 3 of 3
Packet Pg. 52
6.a
Crime Victim Seivices Division OVAGIVCLG Application Office of the Attorney General
TAB B-Output Target Calculation
V0059-1 2-1088
9. OUTPUT TARGET CALCULATION STAFF POSITIONFTITLE #1 STAFF POSITIONITITLE #2 STAFF POSITIONITITLE #3
9.1 STAFF POSITIONITITLE Victim Services Coordinator
9.2 ADMINISTRATIVE POSITION

9.3 CONTRACT POSITION
9.4 OUTPUT TARGET OUTPUT TARGET OUTPUT TARGET OUTPUT TARGET
DIRECT VICTIM SERVICES FY2012 FY2013 FY2012 FY2013 FY2012 FY2013

Number of Unique Victims Served 1650 1700
assistance with Crime Victims’ Compensation 350 375
ssistance with Texas SAVNSNINE 125 15C
Information and Referral 1575 1600
Criminal Justice Accompaniment
Law Enforcement Accompaniment
Medical Accompaniment
Crisis Intervention 550 550
Individual Counselinci
Sunoort Groucis
Therapeutic Groups
Peer Support Services
ssistatnce with Restitution
4ssistance with Victim Impact Panels
4ssistance with Victim lmact Statements
Emergency Funds
Follow-up with Victim 450 450
Legal Assistance
Lodging
Other
Transportation
Victim Advocacy 400 425
VICTIM SERVICES TRAINING FY2012 FY2013 FY2012 FY2013 FY2012 FY2013

Total Number of all Training Sessions
Law Enforcement Individuals Trained
Prosecution/Judicial Individuals Trained
School Faculty Individuals Trained
Medical Individuals Trained
Faith-Based Individuals Trained
Volunteer Individuals Trained
Other Individuals Trained
Total Number of all Individuals Trained 0 0 0 C 0
OUTREACH OR COMMUNITY EDUCATION FY2012 FY2013 FY2012 FY2013 FY2012 FY2013
Outreach or Community Education Presentations
Outreach or Community Education Participants
Informational Fairs
Total Attendees at Informational Fairs
25% of Total Attendees (auto-caIcuiates 0 0 a 0 a 0
Total Outreach or Community Ed Presentations 0 0 a 0 0 0
STRUCTURED EDUCATION FY2012 FY2013 FY2012 FY2013 FY2012 FY2013
Structured Education Presentations
Structured Education Participants
Page 1 of 2
Packet Pg. 53
6.a
TAB B-Output Target Calculation
V0059-1 2-1 088

9. OUTPUT TARGET CALCULATION STAFF POSITION/TITLE #4 STAFF POSITION/TITLE #5 STAFF POSITION/TITLE #6
9.1 STAFF POSITION/TITLE
9.2 ADMINISTRATIVE POSITION

9.3 CONTRACT POSITION E
9.4 OUTPUT TARGET OUTPUT TARGET OUTPUT TARGET OUTPUT TARGET
DIRECT VICTIM SERVICES FY2012 FY2013 FY2012 FY2013 FY2012 FY2013

Number of Unique Victims Served
Assistance with Crime Victims Compensation
Assistance with Texas SAVNSNINE
Information and Referral
Criminal Justice Accompaniment
Law Enforcement Accompaniment
Medical Accompaniment
Crisis Intervention
Individual Counseling
Support Groups
Therapeutic Groups
Peer Support Services
Assistatnce with Restitution
Assistance with Victim Impact Panels
Assistance with Victim Impact Statements
Emergency Funds
Follow-up with Victim
Legal Assistance
Lodging
Other
Transportation
Victim Advocacy
VICTIM SERVICES TRAINING FY2012 FY2013 FY2012 FY2013 FY2012 FY2013
Total Number of all Training Sessions
Law Enforcement Individuals Trained
Prosecution/Judicial Individuals Trained
School Faculty Individuals Trained
Medical Individuals Trained
Faith-Based Individuals Trained
Volunteer Individuals Trained
Other Individuals Trained
Total Number of all Individuals Trained 0 0 0 0 0 0
OUTREACH OR COMMUNITY EDUCATION FY2012 FY2013 FY2012 FY2013 FY2012 FY2013
Outreach or Community Education Presentations
Outreach or Community Education Participants
Informational Fairs
Total Attendees at Informational Fairs
25% of Total Attendees (auto-calculates) 0 0 0 0 0 0
Total Outreach or Community Ed Presentations 0 0 0 0 0 0
STRUCTURED EDUCATION FY2012 FY2013 FY2012 FY2013 FY2012 FY2013
Structured Education Presentations
Structured Education Participants
Page 2 of 2
Packet Pg. 54
6.a
Crime Wctim Services Division OVAGIVCLG Application Ornce of the Attorney General
TAB C-Budget Calculation
V0059-12-1088
10. 1c oJrIrc. & FRINGE
FY 2012 HOURS PER WEEK SALARY FRINGE
Sched- Direct Fringe
. Total Salary Annual
Sched- Admin. Other on % Salary Funds % Fringe
Title of Position uled on Services Annual Requested
.
Fringe
uled to on this this Funded by Requested Funded by
this on this Salary on this Benefits for
work grant. grant. this grant on this this grant.
grant. grant. grant
.
the Position
.
grant.
1.[Victim Services Coordinator 40 40 40 $46896.00 30,077.00 64.14% S18,591.00 p11,923.00 64.13%
2.[ — — $ - $ - 0.00% - - 0.00%
3.{ —
— $ - $ - 0.00% - $ - 0.00%
4j — — $ - $ - 0.00% - - 0.00%
5.[ —
— $ - $ - 0.00% - - 0.00%
6j_ —
— $ - $ - 0.00% - - 0.00%
30,077 11,923
FY 2013 HVvEEK SALARY FRINGE
{.[Victim Services Coordinator 40 [4o 40 $47,992.00 $30,137.00 62.80% 18,891.00 $11,863.00 62.80%
2.[ [ —
— $ - - 0.00% - $ - 0.00%
3.[ I. — $ - $ - 0.00% - - 0.00%
4.[
5.[
[ $ - $ - 0.00% - $ - 0.00%
— — $ - $ - 0.00% - - 0.00%
ej — $ - $ - 0.00% - - 0.00%
$ 30,137 $ 11,863
10.1 FY 2012 POSITION NARRATIVF
Provide a justification, which relates to the project’s goal.
This position will provide direct services to victims of violent crime including crisis counseling, information and referrals,
. . advocacy, follow-up, support through the criminal justice system, assistance with Crime Victims’ Compensation and VINE
1. Victim Services Coordinator
registration. By providing these services, the negative impacts of crime will be reduced. The amount of fringe reported is the
actual dollar amount paid by the City.
2.
3.
4.
5.
Page 1 of 4
Packet Pg. 55
6.a
Crime Victim Services Division OVAGIVCLG Application Office of tile Attorney General
V0059-12-1088
1U. l-Y ZU1S l’QSIIION NPJ<KAIIVI
Provide a iustification. which relates to the orolect’s aoal.
This position will provide direct services to victims of violent crime including crisis counseling, information and referrals,
advocacy, follow-up, support through the criminal justice system, assistance with Crime Victims’ Compensation and VINE
1 cairn ervices oor inator
registration. By providing these services, the negative impacts of crime will be reduced. The amount of fringe reported is the
actual dollar amount paid by the City.
2.
4.
5.
6.
O.3 REQUEST FOR EXCEPTION TL )VAG REQUIREMENTS

Indicate in the space provided below the reason and justification for why the Applicant is asking for the exception.
N/A
11. PROFESSIONAL & CONSULTANT SERVICES

FY2012 FY2013
Name of Professional/Company that
Professional & Consultant Services

Description of Professnal & Consultant No. of Days
Consultation
Co:at
ion
Cost
No. of Days
Consultation
Co:::at
ion
[ Cost
N/A $ -;
11.1 FY 2012 PROFESSIONAL & CONSULTANT SERVICES NARRATIVE

Provide a justification for Professional & Consultant Services which relates to the projecrs goal.
N/A
I
J1
11.2 FY 2013 PROFESSIONAL & CONSULTANT SERVICES NARRATIVE
Provide a justification for Professional & Consultant Services which relates to the projectS goal,
N/A
Page 2 of 4
Packet Pg. 56
6.a
V0059-1 2-1 088

12. TRAVEL
FY2012 FY2013
Positions: List all positions % Cost % Cost
(separated by a comma> Total Cost of Requested Requested Total Cost of Requested Requested
Travel Purpose Expense Type
requested within travel Travel by this OAG by this OAG Travel by this OAG by this OAG
type. Grant Grant Grant Grant
Airfare/MOesge $ - - $ - $ -
Hotel $ - - $ - $ -
OAG Sponsored Training Per diem $ - $ - - $ -
Misc/Hotel Tax .. $ - - $ - $ -
TOTAL - $ -
-
- $
- $
- $
Cost Per Cost Per
Positions. List all positions Cost Cost
Mile Mile
(separated by a comma) Number of Requested Number of Requested
Travel Purpose Expense Type Requested Requested
requested within travel Miles by this OAG Miles by this OAG
by this OAG by this OAG
type Grant Grant
Grant Grant
Local Travel (Mileage Only) Mileage $ - $ - $ - $ -

$ - $
12.1 FY 2012 TRAVEL NARRATIVE
Provide a justification describing the travel staff members will perform. This should include the location to be traveled to, the number of trips planned, the title of the staff
member who will be making the trips, and how the travel supports the goal of the grant.
The Police Department has a training budget that will pay for the Victim Services Coordinator to attend the OAG Conference.
12.2 Pt’ 2013 TRAVEL NARRATIVE

Provide a justification describing the travel staff members will perform. This should include the location to be traveled to, the number of trips planned, the title of the staff
member who will be making the trips, and how the travel supports the goal of the grant.
The Police Department has a training budget that will pay for the Victim Services Coordinator to attend the OAG Conference.
13. EQUIPMENT
FY2012 FY2013
% Cost % Cost
Total Cost Total Cost
Requested Requested Requested Requested
I em 0 .o
by this OAG by this OAG by this OAG by this OAG
Equipment Equipment
Grant Grant Grant Grant
N/A $ - 0% $ -$ - 0% $ -
$ - 0% $ - $ - 0% $ -
$ - 0% $ $ - - 0% $ -
$ - 0% $ $ - - 0% $ -
$ - $
13.1 FT 2012 EQUIPMENT NARRATIVE
‘rovlde a Justiftcationfor Equipment which relates to the project’s goal.
13.2 FT 2013 EQUIPMENT NARRATIVE

Provide a justification for Equipment which relates to the project’s goal -
Page 3 of 4
Packet Pg. 57
6.a
V0059-1 2-1 088

i4. SUPPLIES
FY2012 FY2013
% Cost % Cost
Total Cost Requested Requested Total Cost Requested Requested
Item
of Supphes by this OAG by this CAG of Supplies by this CAG by this OAG
N/A $ - O% $ - $ - 0% $ -
$ - 0% $ - $ - 0% $ -
$ - 0% $ - $ - 0% $ -
$ - 0% $ - $ - 0% $ -
$ - $
-14.1 FY 2012 SUPPLIES NARRATIVE
Provide a justilication for Supplies which relates to the project’s goal.
142 FY 2013 SUPPLIES NARRATIVE

Provide a justification for Supplies which relates to the project’s goal.
15. OTHER DIRECT OPERATING EXPENSES (ODOE)

FY2012 FY2013
% Cost % Cost
Total Cost Requested Requested Total Cost Requested Requested
Item
of ODOE by this OAG by this OAG of ODOE by this OAG by this OAG
OAG Sponsored Training Registration $ - 0% - $ - 0% $ -
$ - 0% -$ - 0% $ -
$ - 0% - 0% $ -
$ - 0% -$ - 0% $ -
$ - 0% -$ - 0% $ -
- 0% -$ - 0% $ -
- 0% -$ - 0% -
- 0% -$ - 0% . -
- 0% -$ - 0% $ -
- 0% -$ - 0% $ -
- $
15.1 FY 2012 OTHER DIRECT OPERATING EXPENSES NARRATIVE
Provide a justification for Other Direct Operating Expenses which relates to the projects goal.
The police department has a training budget that will pay for the Victim Services Coordinators registration to attend the OAG Conference.
15.2 FY 2013 OTHER DIRECT OPERATING EXPENSES NARRATIVE

Provide a justification for Other Direct Operating Expenses which relates to the projecfs goal. .
The police department has a training budget that will pay for the Victim Services Coordinators registration to attend the OAG Conference.
Page4of4
Packet Pg. 58
6.a
TAB D - Project Summary
V0059-12-1088
16. PROJECT SUMMARY
16.1 Complete the following statement, which may be used by the OAG to summarize or describe the project. This project funds [number of
staff] to serve victims by providing [types of] services in [geographic locations].’
This project partially funds one staff to serve all victims of violent crime by providing crisis counseling, information on victim rights, Crime
Victims Compensation, VINE, referrals to other agencies, advocacy and follow up in the City of Irving, Texas.
17. POPULATION
SPECIFIC 3PECIFIC POPULATiONS
Adults Molested as Children x frican-American x
Assault x sian x
hiId Abuse x Elderly (65 and up) x
)Ul/DWI x aylLesbianleisexualIrransqender x
amily Violence x tispanic x
-late/Bias Crimes x ‘ersons with Disabilities x
uman Traffickino x ural
‘hysical Abuse and/or Neglect x spanish-speaking x
obbery x Other x
sexual Assault x
survivors of Homicide Victims x
)ther Victims of Crime x
18. PROBLEM STATEMENT
18.1 Provide a brief description of the specific victim-related issue(s) this project is designed to address as it relates to the specific victimization
types reported in 17. Target Population of Tab D Project Summary.
-
Victims of crime in Irving lack knowledge or understanding of the criminal justice process and need someone to assist them as they navigate
the system. Victims are often dealing with the emotional impact of the crime and need someone to provide crisis intervention and possibly refer
them for long term counseling Victims often incur financial stress as a result of their victimization and may need the Victim Services
Coordinator to provide referrals to social service agencies to assist with financial expenses. Victims are often unaware of the help available
through Crime Victims Compensation and can be overwhelmed by the application process. The Victim Services Coordinator will explain the
application process and assist with the paperwork. The Victim Services Coordinator will also follow up with the victim and assist with any
documentation that may be needed to process the claim. In addition, victims do not know about the VINE program or registration process and
the Victim Services Coordinator can assist victims in the registration process. Victims are not aware that they have rights as a victim of crime
unless they are provided with the information and education.
19. SUPPORTING DATA

19.1 Justify the need for the victim-related issue(s) and/or specific victimization types this pr 1ress by citing research
and/or data that is geographically relevant and specific to your service area.
In 2010, the Victim Services Coordinator in Irving received 2,930 police reports (which does not include domestic violence cases that are
handled by other advocates), These cases include 3,200 victims and those numbers do no include witnesses, family members and others who
may have been impacted by the crime. Reports include homicide, sexual assault, robbery, child abuse, assault and all other violent crimes.
While the overall crime rate in Irving has dropped, the number of clients assisted in Victim Services remains steady and the need for services
seems to be increasing, making the need for the Victim Services Coordinator even greater.
Page 1 of 7
Packet Pg. 59
6.a
TAB D Project Summary
-
V0059-1 2-1088
20. PROJECT GOAL
20.1 Provide a project goal, which relates to your Problem Statement, that shows what the project plans to achieve over the next two years with
these grant funds. The goal should be a SMART goal: Specific, Measurable, Achieveable, Realistic and Timely,
The goal of the Victim Services Coordinator position is to educate victims and to minimize the negative impacts including emotional,
psychological and financial stress that often ocurrs as a result of being traumatized by a criminal offense. The Victim Services Coordinator will
achieve this goal by assessing the reports received and making contact with all victims of violent crime in person, by phone or by mail. Each
victim will receive information by mail (as appropriate) that will include relevant brochures, information on victims’ rights, CVC, VINE and other
important information In addition, attempts will be made to reach all victims by phone or in person The Victim Services Coordinator will make
several personal contact attempts within a reasonable amount of time following the offense. At the time of contact, the Victim Services
Coordinator will assess victim needs, provide appropriate referrals, information on victim rights, CVC, VINE, the criminal justice process, and
available counseling services. In addition, the Victim Services Coordinator will advocate for the client as needed with the investigator, CVC
and other social service agencies.
21. OUTPUT ASSESSMENT AND EVALUATION

21.1 Describe the systems, including tools and/or processes, written policies and procedures, databases, tracking forms or quality control
testing, which will be used to track and verify the project’s outputs.
The Victim Services Coordinator will track client contacts on a Monthly Activity Log that will be turned into the Victim Services Supervisor at the
end of each month. Information on demographics and activities will be kept in accordance with the reporting guidelines set by the Office of the
Attorney General. Monthly statistics will be compiled for required reporting and monitoring. In addition, the Victim Services Coordinator will
keep case notes and statistical data in the Victim Tracking Database that was developed by Irving’s IT Department. This database is stored on
the Irving Police Department’s computer network and will be able to run detailed reports to assist in verifying statistical data.
Page 2 of 7
6.a
C,
DC
CC
CD 2
C CD
C
0 C31
-4
2
(I,
C CD
CC
CD
DC
DC
C
G)
.
2
C.
DC
0
C,
CD
0
CD
0
CD
CD
Packet Pg. 60
Packet Pg. 61
6.a
-
V0059-1 2-1 088

22. OUTCOMES
22.1 OUTCOME ASSESSMENT AND EVALUATION
DIRECT SERVICE OUTCOMES Outcome
Tarciet%
Increase in knowledge and understanding of crime victims rights. 80%
Increase in knowledge of and access to community resources and servIces. 80%
PROFESSIONAL TRAINING OUTCOME
Increase in knowledge and understanding of crime victims rights. I
COMMUNITY EDUCATION OUTCOME
Increase in knowledge of and access to community resources and services. I
PUBLIC AWARENESS CAMPAIGNS
Increase the knowledge about the warning signs of specific crimes and victimizations. I
CHILDRENS ADVOCACY CENTERS (CAC)
Reduction in trauma, crisis, stress and/or anxiety of child victim and/or protective family members.
Increase understanding/knowledge regarding criminal and civil justices system process in general and/or in regard to
their specific case.
22.2 Specify one of the outcomes chosen in 22.1 Outcome Assessment and Evaluation section of Tab 0- Project Summary and describe the
tools and/or processes written policies and procedures, pre- and post- tests, staff observation or surveys, which will be used to measure the
project’s outcome.
A Victim Contact Survey Form will be used to monitor the outcomes of client contacts The information will be gathered from client
conversations and staff observation. The forms will be kept for required reporting and monitoring purposes and stored at the Irving Police
Department. This system has been in place for several years.
23. COMMUNITY RESOURCES Yes/No

23.1 Is collaboration with one or more outside organizations required to achieve specific project activities? No
23.2 Do these collaborations currently exist?
23.3 Describe why these agreements are required.
Page 4 of 7
Packet Pg. 62
6.a
-
V0059-1 2-1 088

24. DETAILED IMPLEMENTATION PLAN
24.1 Describe this projects specific activities, which will be done over the next two years.
This grant will partially fund one position in the Victim Services Unit to provide assistance to victims of violent crime. Activities and services
provided by the Victim Services Coordinator will include, but are not limited to: crisis counseling, assistance with filing Crime Victims’
Compensation, providing resources and referrals for emergency or other assistance, support through the legal process and personal advocacy.
Efforts will be made to minimize the psychological and emotional stresses that often occur as a result of being traumatized by a criminal
incident. The Victim Services Coordinator will act as a liaison between the victim and detectives, CPS or other agencies in situations as
needed The Victim Services Coordinator will receive all police reports involving violent crime and will attempt to reach victims, witnesses,
family members and other who have been impacted by the crime. State mandated Victim Rights information will be provided as well as
support, referrals and any other needed assistance. This position will interface with police officers and others within the department to gather
and provide accurate information to victims.
24.1 Continued:
The Victim Services Coordinator will follow up with clients as appropriate and monitor their well-being. In addition, the Victim Services
Coordinator will attend trainings such as the OAG conference to stay current on victim issues and best practices. To maintain current
resources, the Victim Services Coordinator will attend local coalition meetings to foster beneficial relationships with advocates in other
agencies. This position will work to identify limitations to serving victims in Irving and make efforts to resolve these issues. The Victims
Services Coordinator will identify ways to be innovative and develop better ways to service victims of crime in Irving. The Victim Services
Coordinator will provide training, as requested, by local agencies to educate the community and other professionals about services and
resources available to victims of violent crime.
24.1 Continued:
24.2 Describe how these activities will help to reach the project’s goal.
By providing victims with information about their rights and support through the criminal justice system victims will become educated about the
process and their options. By assisting victims with Crime Victims Compensation claims and providing appropriate referrals to meet basic
needs, the financial stressors that come with being a victim of violent crime will be reduced Through crisis counseling, advocacy and
collaboration with other agencies, the emotional and psychological impacts of crime can be reduced. Through the coordination of services at
the Irving Family Advocacy Center, the victim’s safety needs can be addressed to reduce their fear and anxiety.
Page 5 of 7
Packet Pg. 63
6.a
TAB 0 Project Summary
-
V0059-1 2-1 088

25. SUSTAINABILITY PLAN
25.1 Briefly describe what would happen to the proposed grant project in the event that the OAG grant funds are no longer available
The City of Irving and the Irving Police Department are committed to providing exeptional services for victims of violent crime. The creation of
the Irving Family Advocacy Center and continued implementation of services for victims are primary examples of the committment by the City
and the Police Department to support victims of violent crime. Funding from the City of Irving would be sought to continue this program in the
event that GAG funds were no longer available so that the level of services currently available to our citizens and visitors would be maintained.
26. FINANCIAL
26.1 FINANCIAL SYSTEMS
26.2 Describe the financial systems, internal controls, written policies and procedures, accounting software, databases, tracking forms or
quality control testing which will be used to track and verify the project’s financial activities.
The City of Irving maintains written accounting procedures and includes a method to record total funds received, property and other assets as
well as the revenue and expenditures by funding source The City has a chart of accounts that lists accounts by specific number and the
accounting system is set up on an accrual basis consistent with the Generally Accepted Accounting Principles. The time keeping system
requires the signatures of the employee and supervisor. The City has an annual independant financial audit. The accounting system is
supported by appropriate documentation such as purchase orders, vouchers, receipts and invoices. Financial duties are segregated so that
different individuals are responsible for handling funds, record keeping and reconciliation.
26.3 BUDGET NARRATIVE

26.4 Provide a justification, which relate to the project’s goal, for each requested budget category summarized in 27. Budget on Tab 0- Project
Summary.
The requested funding would enable the Irving Police Department to fund the Victim Services Coordinator position which is vital to our Victim
Services Unit’s ability to serve victims of violent crime. The funding will ensure that victims are provided with information about the criminal
justice system and notified of their rights. They will receive information about Crime Victims’ Compensation, VINE registration and other
available resources. This funding allows staff to make personal contact with victims and assist them through the criminal justice process and
provide support and advocacy.
Page 6 of 7
Packet Pg. 64
6.a
Crime Victim Services Division OVAG/VCLG Application Office of the Attorney General
TAB C) Project Summary
-
V0059-12-1088
27. BUDGET
PERSONNEL FY2012 FY2013 Total Project
%of Positions Hrs.IWeek
Description Requested Reauested Cost
Jictim Services Coordinator 64°! 40 $ 30,07 $ 30,137 $ 6021
0°!
0°! $
0%
0%
0%
Total FTEs 0.64
Personnel Total $ 30,07:] $ 30,131 $ 60,21
FRINGE
Victim Services Coordinator $ 11,92 $ 11,86 $ 23,7F
$
$
$
$
$
Fringe Total $ 11,92 $ 11,863 $ 23,7
PROFESSIONAL & CONSULTANT
$
$
$
$
$
$ $
Professional & Consultant Total $
TRAVEL
OAG Sponsored Training $ $
S $
$ $
S $
Local Travel (Mileage Only) $ $
Travel Total $ $
EQUIPMENT
N/A $ $
S $
S $
$ $
Equipment Total $ $
SUPPIJES
N/A $ $
S $
$ $
$ $
Supplies Total $
)THER DIRECT OPERATING EXPENSES
OAG Sponsored Training Registration
Other Direct Operating Expenses Total

TOTAL BUDGET .
. $ 42,00 $ 42,00 $ 84,00
Page 7 of 7
Packet Pg. 65
6.a
IV. OAG Certifications and Assurances
A. THE UNIFORM GRANT MANAGEMENT STANDARDS (“UGMS”), PART III,

SECTION .14; PROMULGATED BY THE OFFICE OF THE GOVERNOR, STATE OF TEXAS.
THE OAG HAS ADOPTED THOSE ASSURANCES AS APPLICABLE

TO ALL RECIPIENTS OF OVAG AND VCLG FUNDS.
The Applicant agrees to:

(1) Comply with Texas Government Code, Chapter 573, Vernon’s 1994, by ensuring that no
officer, employee, or member of the applicant’s governing body or of the applicant’s contractor
shall vote or confirm the employment of any person related within the second degree of affinity
or the third degree of consanguinity to any member of the governing body or to any other officer
or employee authorized to employ or supervise such person. This prohibition shall not prohibit
the employment of a person who shall have been continuously employed for a period of two (2)
years, or such other period stipulated by local law, prior to the election or appointment of the
officer, employee, or governing body member related to such person in the prohibited degree.
(2) Comply, as applicable, with Texas Government Code, Chapter 552, (“Texas Public
Information Act”) which requires the public information that is collected, assembled or
maintained by the applicant relative to a project to be available to the public during normal
business hours.
(3) Comply with Texas Government Code, Chapter 551, (“Texas Open Meetings Act”) which
requires all regular, special or called meeting of governmental bodies to be open to the public,
except as otherwise provided by law or specifically permitted in the Texas Constitution.
(4) Comply with Section 231.006, Texas Family Code, which prohibits payments to a person
who is in arrears on child support payments.
(5) If Applicant is a health and human services agency or public safety or law enforcement
agency, it may not contract with or issue a license, certificate or permit to the owner, operator or
administrator of a facility if the license, permit or certificate has been revoked by another health
and human services agency or public safety or law enforcement agency.
(6) If Applicant is a law enforcement agency regulated by Texas Government Code, Chapter
415, it must be in compliance with all rules adopted by the Texas Commission on Law
Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code
or must provide the OAG with a certification from the Texas Commission on Law Enforcement
Officer Standards and Education that the agency is in the process of achieving compliance with
such rules.
(7) Agrees that when incorporated into a grant award or contract, these standard assurances
become terms or conditions for receipt of grant funds and that the Applicant shall maintain an
appropriate contract administration system to insure that all terms, conditions, and specifications
are met.
FY 2012-2013 Grant Application Kit for OVAGNCLG 28

Packet Pg. 66
6.a
(8) Comply with the Texas Family Code, Section 261.101 which requires reporting of all
suspected cases of child abuse to local law enforcement authorities and to the Texas Department
of Child Protective and Regulatory Services. Applicant shall also ensure that all program
personnel are properly trained and aware of this requirement.
(9) Comply with all federal statutes relating to nondiscrimination. These include, but are not
limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. § 168 1-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the
Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended
(42 U.S.C. § 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug
Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § 523 and 527
of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and (j) the requirements
of any other nondiscrimination statute(s) which may apply to the application.
(10) Comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. § § 276a to
276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally
assisted construction sub-agreements.
(11) Comply, as applicable, with the requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P. L. 9 1-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired
for project purposes regardless of Federal participation in purchases.
(12) Comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which
limit the political activity of employees whose principal employment activities are funded in
whole or in part with Federal funds.
(13) Comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act and the Intergovernmental Personnel Act of 1970, as applicable.
(14) Insure, as applicable, that the facilities under its ownership, lease or supervision which shall
be utilized in the accomplishment of the project are not listed on the Environmental Protections
Agency’s (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of
the receipt of any communication from the Director of the EPA Office of Federal Activities
FY2012-2013 Grant App’ication Kit for OVAGNCLG - 29

Packet Pg. 67
6.a
indicating that a facility to be used in the project is under consideration for listing by the EPA,
(EQ 11738).
(15) Comply, as applicable, with the flood insurance purchase requirements of 102(a) of the
Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition proposed for use in
any area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards.
(16) Comply, applicable, with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 9 1-190) and Executive Qrder (EO) 11514; (b)
notification of violating facilities pursuant to EQ 11738; (c) protection of wetlands pursuant to
EQ 11990; (d) evaluation of flood hazards in floodplains in accordance with EQ 11988; (e)
assurance of project consistency with the approved State management program developed under
the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.); (f) conformity of federal
actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of
1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection
of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
(17) Comply, as applicable, with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et
seq.) related to protecting components or potential components of the national wild and scenic
rivers system.
(18) Comply, as applicable, in assisting the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EQ
11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
(19) Comply, as applicable, with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
(20) Comply, as applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §
4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of
residential structures.
(21) Comply, as applicable, with Public Law 103-277, also known as the Pro-Children Act of
1994 (Act), which prohibits smoking within any portion of any indoor facility used for the
provision of services for children as defined by the Act.
(22) Comply, as applicable, with all federal tax laws and are solely responsible for filing all
required state and federal tax forms.
FY 2012-2013 Grant Application Kit for OVAGIVCLG 30

Packet Pg. 68
6.a
(23) Comply, as applicable, with all applicable requirements oall other federal and state laws,
executive orders, regulations and policies governing this program.
(24) Certifies, as a signatory party to the grant contract, that it is not debarred or suspended or
otherwise excluded from or ineligible for participation in federal assistance programs.
(25) Comply, by adopting and implementing the applicable provisions of the model I-TI V/AIDS
work place guidelines of the Texas Department of Health as required by the Texas Health and
Safety Code, Ann., Sec. 85.00 1, et seq.
B. Other Certifications and Assurances
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION

The Applicant certifies that if it is required to file an Equal Employment Opportunity Plan
(EEOP), the Applicant will do so in compliance with the applicable federal requirements.
DISCLOSURE AND CERTIFICATION REGARDING LOBBYING

The Applicant certifies:
1. No federal/state appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress or the Texas Legislature, or an employee of a member of Congress or the Texas
Legislature in connection with the awarding of any federal/state contract, the making of any
federal/state grant, the making of any federal/state loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal/state contract, grant, loan, or cooperative agreement; and
2. If any non-federal/state funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress or the
Texas Legislature, an officer or employee of Congress or the Texas Legislature, or an employee
of a member of Congress or the Texas Legislature in connection with this federal/state contract,
grant, loan, or cooperative agreement, the undersigned shall contact the CVSD of the OAG for
the “Disclosure Form to Report Lobbying.”
NON-PROCUREMENT DEBARMENT CERTIFICATION

The Applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
FY 201 2-2013 Grant Application Kit for OVAGNCLG 31

Packet Pg. 69
6.a
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(b) of this certification; and
(d) 1-lave not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
If Applicant is unable to certify to any of the statements in this Non-procurement Debarment

certification,the Applicant shall attach an explanation. Funding is contingent upon OAG review
of this explanation.
DRUG-FREE WORKPLACE CERTIFICATION

The Applicant certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees/assignees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
applicant’s workplace and specifying the actions that will be taken against employees for
violation of such prohibition.
B. Establishing a drug-free awareness program to inform employees/assignees about:
1. The dangers of drug abuse in the workplace;
2. The applicant’s policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs; and
4. The penalties that may be imposed upon employees/assignees for drug abuse violations.
C. Making it a requirement that each employee/assignee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (A).
D. Notifying the employee/assignee in the statement required by paragraph (A) that, as a
condition employment/assignment under the grant, the employees/assignee will:
1. Abide by the terms of the statement, and
2. Notify the applicant agency and CVSD, of the OAG of any criminal drug statute
conviction for a violation occurring in the workplace not later than five days after such
conviction.
E. Notifying the agency within ten days after receiving notice under subparagraph (D) (2) from
an employee/assignee or otherwise receiving actual notice of such conviction.
F. Taking one of the following actions with respect to any employee/assignee so convicted:
1. Taking appropriate personnel action with respect to any employee/assignee so convicted;
2. Requiring such employee/assignee to participate satisfactorily in drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency.
G. Making a good faith effort to continue to maintain a drug-free workplace through the
implementation of paragraphs (A), (B), (C), (D), (E), and (F).
FY 201 2-2013 Grant Application Kit for OVAGNCLG 32

Packet Pg. 70
6.a
ANNUAL SINGLE AUDIT CERTIFICATION

The Applicant certifies to the best of their knowledge and belief that one of the following
applicable requirements will be met:
I. The applicant currently expends $500,000 or more, in combined federal funds during the fiscal
year; and, therefore, is required to submit an annual single audit by an independent auditor made
in accordance with the Single Audit Act Amendments of 1996 and 0MB Circular A-133.
2. The applicant currently expends $500,000 or more in combined state funds during the fiscal
year; and, therefore, is required to submit an annual Single Audit by an independent auditor
made in accordance with the Uniform Grant Management Standards (UGMS).
3. The applicant currently expends less than $500,000 in either federal or state funds during the
fiscal year; and therefore is exempt from the Single Audit Act and cannot charge audit costs to
an OAG grant. Applicant agrees that the OAG may require a limited scope audit as defined in
0MB Circular A-133.
IC this application is for funds in excess of $25,000, the Applicant certifies the following:
By submission of this proposal, that neither the applicant agency nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or state agency.
If the Applicant is unable to certify the above statements, the Applicant has attached an
explanation to this application.
COMPLIANCE WITH ANNUAL INDEPENDENT FINANCIAL AUDIT FILING REQUIREMENT

The Applicant assures that it will file an Annual Independent Financial Audit of the complete
program and/or organization and management letter of the audit findings within nine months of
the end of the fiscal year of the agency. An annual independent financial audit is a requirement
for this OAG grant. The audit will meet Office of Management and Budget (0MB) Circular A-
133 and Uniform Grant Management Standards (UGMS) requirements. Additionally, the annual
independent financial audit will meet GAGAS standards in the event a Single Audit is not
required.
COMPLIANCE WITH UGMS AND THE APPLICABLE 0MB CIRCULARS

The Applicant assures that it will follow the guidelines in the Uniform Grant Management
Standards (UGMS). Both governmental entities as well as non-profit entities are required to
follow UGMS guidelines.
The Applicant assures compliance with all Federal/state statutes, regulations, policies, guidelines
and requirements, including, but not limited to, UGMS as well as 0MB Circulars No. A-21, A
110, A-122, A-128, A-87; E.O. 123 72.
RETURN OF GRANT FUNDS IN THE EVENT OF LOSS OR MISUSE

The Applicant agrees that in the event of loss or misuse of the OAG funds, the Applicant assures
that the funds will be returned to the OAG in full.
FY2012-2013 Grant Application Kit for OVAGNCLG 33

Packet Pg. 71
6.a
CONFLICT OF INTEREST
The Applicant assures that there is no conflict of interest that would preclude it from filing the
Application or providing the services under this grant. By submitting this Application, Applicant
affirms that it has neither given, nor intends to give, at any time hereafter, any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a
public servant or any employee or representative of same, at any time during the procurement
process or in connection with this grant application, except as allowed under relevant state and
federal law. The Applicant further agrees that it viIl establish safeguards to prohibit its
employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain. The Applicant shall operate with
complete independence and objectivity without actual, potential, or apparent conflict of interest
with respect to the activities conducted under this grant.
Without diminishing the provisions of the prior paragraph, the Applicant assures that as a
grantee, grantee personnel, members of a grantee board or governing body, or other persons
affiliated with the grant project shall not participate in any proceeding or action where grant
funds personally benefit, directly or indirectly, the individuals or their relatives. For the purposes
of this provision, ‘relatives” means persons related to the individual within the third degree by
consanguinity or within the second degree by affinity, as determined by Chapter 573 of the
Government Code. Grant personnel and officials must avoid any action that results in or creates
the appearance of using their official positions for private gain; giving preferential treatment to
any person; losing independent judgment or impartiality; making an official decision outside of
official channels; or adversely affecting the confidence of the public in the integrity of the
program or the OAG.
AUTHORITY TO FILE APPLICATION

The Applicant has the authority or will receive the appropriate authority by the Applicant’s
governing body to file the Application, including the authority to agree to the assurances and
certifications contained herein.

Packet Pg. 72
6.a
V. Required Attachments
Attachments A and B can be found at the end of this Application Kit.
Attachment A is the “SI’AI’IMENTs SUPPORTING SUBMISSION OF TIlE APPLICATION To OAG

CRIME VICTIM SERVICES DIVISION”
• It must be signed and submitted at the time the Application is submitted to

the OAG.
• Applications that are received by the OAG without this Attachment will not
be considered or funded by the OAG.
Attachment B is the “RESOLUTION OF GOVERNING BODY”
• It must be signed and submitted at the time the Application is submitted to the
OAG, unless the timing of the Application due date and requirements of the Open
Meeting Act or other requirements prevents the governing body from reviewing
and approving the Resolution, then it may be submitted to the OAG at a later date.
Job Descriptions are required for each position requested in the proposed budget.
• Job descriptions should be attached and submitted with the Application. Missing
job descriptions may impact the Applicant’s score.
• The Applicant should mark each page of the submitted job descriptions with the
name of the Applicant and the Unique Application Number, if applicable.
Collaboration Agreements if required by the Applicant to achieve the proposed

project as described in Tab A.
• Collaboration agreements, if required, should be attached and
submitted with the Application. Missing collaboration agreements
may impact the Applicant’s score.

Packet Pg. 73
6.a
ATTACHMENT A — REQUIRED
REQUIRED TO BE SUBMITTED WITH THE APPLICATION BY 5:00 P.M CST, APRIL 1,2011, OR
THE APPLICATION WILL NOT BE CONSIDERED.
STATEMENTS SUPPORTING SUBMISSION OF THE APPLICATION TO

OAG CRIME VICTII SERVICES DIVISION
INSTRUCTIoNs: Initial each numbered line and submit this signed required Attachment with the Application.
LEGAL NAME OF APPLICANT: i f

9 (3 I, V (11I
UNIQUE APPLICATION NUMBER: \“DQ5’i 2 IO

I. Tiils APPLICATION IS FOR (check one):
Other Victim Assistance Grant (OVAG)
./ Victim Coordinator and Liaison Grant (VCLG)
Sexual Assault Prevention and Crisis Services (SAPCS) — State Funds
Sexual Assault Prevention and Crisis Services (SAPCS) — Federal Funds
2. TRuE AND CORRECT INFORMATIoN. The undersigned certifies that the information contained in this
Application, including any attachments are true and correct to the best of his or her knowledge.
3. OAG CERTIFICATIONS AND ASSURANCES. The undersigned has read and understands the Certifications
and Assurances, contained in the Application Kit.
4. DEADLINES AND SuBMIsSIoN OF APPLICATION. The undersigned understands that the deadline for
submission is 5:00 p.m. CST April 1, 2011 and that to meet the deadline, the Applicant must submit both paper
(hard copies) and electronic (e-mail) documents as required in the Application Kit. The undersigned further
acknowledges that:
• It is the Applicant’s responsibility to deliver the Application to the OAG in the specified manner and by
the specified date and time
• Applications submitted in other formats will not be accepted
• The OAG accepts no responsibility for delays in shipping and courier services
• Late Applications will not be considered under any circumstance and will be returned unopened
• Proof of sending a document by e-mail or other means is not proof that the OAG received the information
5. JoB DESCRIPTIONS FOR EACH REQUESTED PoSITIoN. The undersigned understands that the most
recent job description for each position requested in the proposed budget should be attached and submitted with the
Application. Missing job descriptions may impact the Applicant’s score.
6. REsoLUTIoN OF GOVERNING BODY. The undersigned states it is either submitting the Resolution of
Applicant’s governing body with this Application or will submit one at a later date as established by the OAG. If
the timing of the Application due date and requirements of the Open Meetings Act or other requirements prevents
the governing body from reviewing and approving the Resolution, then it may be submitted to the OAG at a later
date.
Signature/Title Printed Name
Date

Packet Pg. 74
6.a
ATTACHMENT B —REQUIRED
REQUIRED TO BE SUBMITTED WITH THE APPLICATION BY 5:00 P.M. CST APRIL 1, 2011. IF
THE TIMING OF THE APPLICATION DUE DATE AND REQUIREMENTS OF THE OPEN
MEETINGS ACT OR OTHER REQUIREMENTS PREVENTS THE GOVERNING BODY FROM
REVIEWING AND APPROVING THE RESOLUTION, THEN IT MAY BE SUBMITTED TO THE
OAG AFTER THE DUE DATE.
(SAMPLE FORM OF RESOLUTION OF GOVERNING BODY)
RESOLUTION OF GOVERNING BODY
LEGAL NAME OF APPLICANT: ( I (.V I

UNIQUE APPLICATION NUMBER (if applicable): - I 2.
Be it known as follows:
WIIEREAS, the [Name of Applicant] has applied or

wishes to apply to the Office of the Attorney General, (OAG) Crime Victim Services Division for the following
grant program (check one):
Other Victim Assistance Grant (OVAG)

/‘ Victim Coordinator and Liaison Grant (VCLG)
Sexual Assault Prevention and Crisis Services (SAPCS) — State Funds
Sexual Assault Prevention and Crisis Services (SAPCS) — Federal Funds
WHEREAS, the —,
[Name of Governing Body of Applicant, such as City Council, County Commissioners Court or Board of
Directors], has considered and supports the Application filed or to be filed with the OAG;
WIIEREAS, the [Name of Applicant]

—,
has designated or wishes to designate the following individual as the “Authorized Official” who is given or has been
given the power to apply for, accept, reject, alter, or terminate that certain grant with the OAG, Crime Victim
Services Division as well as given the authority to sign all grant adjustment requests, inventory reports, progress
reports and financial reports or any other official documents related to the grant on behalf of the grantee:
Name of Person Designated as “Authorized Official”:
Position Title:
Now THEREFORE, BE IT RESOLVED that this governing body approves the submission of the Application
to the OAG, Crime Victim Services Division as well as the designation of the Authorized Official.
Signature Printed Name
Date

7
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3847

Recommending Department: City Attorney’s Office LSR No: 12074
Resolution -- Approving an Engagement Letter with Gibson, Dunn &

Crutcher LLP for Legal Services Related to the Entertainment Center
Expedited Declaratory Judgment Litigation
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Engaging Michael Raiff of Gibson, Dunn & Crutcher LLP will allow the City
to maintain the same successful litigation team to continue the bond validation suit.
3. Michael Raiff is lead counsel in the bond validation litigation. He has joined Gibson
Dunn & Crutcher LLP in their Dallas office.
4. Mr. Raiff and Rob Collins (of Vinson & Elkins, L.L.P.) will coordinate the legal work
to remain within the anticipated appellate costs.
3. Fees will be based on the current standard billing rates of the attorneys assigned to
this matter which range from $510 per hour to $700 per hour. These fees will be
billed on a monthly basis.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: Res 2010-144 (6/24/10) Council Action: (See below.)
.
The City Council authorized Vinson & Elkins, L.L.P., to prepare an expedited declaratory
judgment action related to entertainment venue project bonds.
ATTACHMENTS:
RES Engagement Letter - Gibson, Dunn, & Crutcher LLP 3-9-11 (PDF)

All costs associated with these services will be paid from entertainment venue bond proceeds.
Prepared: 3/8/2011 09:09 AM by Belinda Rowlett
Last Updated: 3/9/2011 09:17 AM by Belinda Rowlett
Packet Pg. 75
7
CITY OF IRVING
WHEREAS, by Resolution No. RES-2010-144, the City Council authorized Vinson & Elkins,
L.L.P., to prepare an expedited declaratory judgment action to facilitate the issuance of bonds for the
Irving Entertainment Center; and
WHEREAS, Michael Raiff, partner at Vinson & Elkins, L.L.P., was lead counsel in the
successful trial court proceedings and is now a partner of Gibson, Dunn & Crutcher LLP; and
WHEREAS, the City Council finds it would be in the best interest and continued success of the
project to continue the engagement of Mr. Raiff;
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 engagement letter with Gibson,
Dunn & Crutcher LLP for legal services related to the City's expedited declaratory
judgment action and appeal, and the Mayor is authorized to execute said engagement
letter.
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 76
7.a
Packet Pg. 77
Attachment: RES Engagement Letter - Gibson, Dunn, & Crutcher LLP 3-9-11 (3847 : 16 Approving Engagement Ltr-Gibson Dunn & Crutcher)
7.a
Packet Pg. 78
7.a
Packet Pg. 79
7.a
Packet Pg. 80
7.a
Packet Pg. 81
7.a
Packet Pg. 82
7.a
Packet Pg. 83
7.a
Packet Pg. 84
7.a
Packet Pg. 85
8
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3815

Recommending Department: City Attorney’s Office LSR No: N/A
Resolution -- Approving Settlement in Donald W. Good v. The City of Irving,

Texas, Chief of Police for the City of Irving, and Fred Curtis
2. Impact: The settlement, if authorized, would resolve the lawsuit.
3. This case was mediated on March 11, 2011.
4. Funding is available in the Self-Insurance Fund (General Liability Program).
Recommendation
Contract Required: Yes Review Completed By: (See below.)
.
Saul Pedregon will review the settlement documents when received.

6750-0871-58001-8711 Actual: $700,000.00
Prepared: 2/7/2011 09:44 AM by Rebecca Maddux
Last Updated: 3/18/2011 08:39 AM by Belinda Rowlett
Packet Pg. 86
8
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and authorizes settlement in Donald W.
Good v. The City of Irving, Texas, Chief of Police for the City of Irving, and Fred
Curtis, Civil Action No. 3:06-CV-2133-K, in the amount of $700,000.00, and the
Mayor is authorized to execute any and all settlement documents upon approval of
the City Attorney's Office.
SECTION II. THAT this expenditure shall be charged to Account No. 6750-0871-58001-8711.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 87
9
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3835

Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding a Contract to Jeske Construction Company for the

O’Connor Road Infrastructure Improvements - Phase I: Brockbank Cul-De-
Sac Project
1. This item supports Strategic Goal No. 1: Land Use and No. 9: Infrastructure.
2. Impact: This project will improve the drainage issues on the southern portion of
Brockbank, improve the safety of traffic flow on O’Connor Road, connect the
residential alley to the south, and replace a water line for four residential properties.
3. Bids were received from seven vendors. Jeske Construction Company submitted
the lowest and best base bid of $367,428.00. An additional $7,572.00 is required
for testing, bringing the total cost of the project to $375,000.00. This is $80,000.00
(18%) below the funding allocated for this project.
4. Minority- and/or Women-owned Business (M/WBE) participation on this award is
24%.
Fund and Water Improvement Bond Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
Bid notices sent to contractors: 559
On February 10, 2011, bids were received for the O’Connor Road Infrastructure
Improvements – Phase I: Brockbank Cul-de-sac Project. The following is a tabulation of the
bids received:
Bidder Base Bid Calendar Days

Jeske Construction Company $367,428.00 150
SYB Construction Company $378,705.00 150
Jim Bowman Construction Co., LP $404,486.55 150
RKM Utility Services, Inc. $429,370.00 150
Rodriguez Concrete Construction $436,797.05 150
VA Construction, Inc. $444,600.50 150
Smith Contracting, Inc. $462,570.90 150
Packet Pg. 88
9
ATTACHMENTS:
BROCKBANK CUL-DE-SAC (PDF)

4005-1902-71801-906015 Budget: $299,215.00 Actual: $299,215.00
5411-3251-75901-906015 Budget: $ 75,785.00 Actual: $ 75,785.00
P0189075
Budget Adjustment/Transfer Required: No
Prepared: 2/25/2011 02:13 PM by Lana King
Last Updated: 3/18/2011 11:44 AM by Lana King
Packet Pg. 89
9
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Jeske Construction
Company in the amount of $367,428.00 for the O’Connor Road Infrastructure
Improvements – Phase I: Brockbank Cul-de-sac Project and awards the contract to
said company in said amount and authorizes the Mayor to execute said contract.
SECTION II. THAT $7,572.00 is hereby approved and authorized for testing to be performed by the
City of Irving's contracted testing firm.
SECTION III. THAT this expenditure shall be charged to Account No. 4005-1902-71801-906015 in
the amount of $299,215.00 and Account No. 5411-3251-75901-906015 in the amount
of $75,785.00.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
Packet Pg. 90
9
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 91
O'CONNOR RD.
IRELAND DR.
SCOTLAND DR.
BR
OC
KB
AN
KD
R.
STATE HIGHWAY 183

NOT TO SCALE
9.a
Packet Pg. 92
Attachment: BROCKBANK CUL-DE-SAC (3835 : 19 Awd Jeske Const for OConnor Corr Phase I)
10
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3836

Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding a Contract to Texas State Utilities, Inc., for the

MacArthur Boulevard Infrastructure Improvements - Utility
Undergrounding for the Sixth Street and MacArthur and the Pioneer Drive
and MacArthur Intersections Project.
1. This item supports Strategic Goal No. 1: Land Use and Goal No. 9: Infrastructure.
2. Impact: This project will relocate utilities in preparation of intersection paving
improvements. It will improve the reliability of franchise utility services and
landscape appearance in the areas around the MacArthur Boulevard intersections
at Sixth Street and Pioneer Drive.
3. Texas State Utilities, Inc., was the only respondent with a bid in the amount of
$318,748.42. An additional $6,251.58 is required for testing, bringing the total cost
of the project to $325,000.00. This is $315,000.00 (49%) below the funding
allocated for this project.
4. These are the next two intersections on the MacArthur corridor enhancement
project.
5. This complies with ongoing efforts to underground utilities and will provide for a
more reliable power source in inclement weather. This conduit installation will allow
for the Oncor’s Underground Facilities Cost Recovery Program to fund the
undergrounding of these overhead wires.
6. Minority- and/or Women-owned Business (M/WBE) participation in this award is
30%.
Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
Bid notices sent to contractors: 445
ATTACHMENTS:
ELMO-6th-Pioneer-MacArthur (PDF)
Packet Pg. 93
10

4005-1902-77010-909048 Budget: $325,000.00 Actual: $325,000.00
P0189077
Prepared: 2/25/2011 02:59 PM by Kay Corrales
Packet Pg. 94
10
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Texas State Utilities,
Inc., in the amount of $318,748.42 for the MacArthur Boulevard Infrastructure
Improvements – Utility Undergrounding for the Sixth Street and MacArthur and the
Pioneer Drive and MacArthur Intersections Project and awards the contract to said
company in said amount and authorizes the Mayor to execute said contract.
SECTION II. THAT $6,251.58 is hereby approved for testing to be performed by the City of
Irving’s contracted testing firm.
SECTION III. THAT this expenditure shall be charged to Account No. 4005-1902-77010-909048 in
the total amount of $325,000.00.
__________________________________
Max S. Duplant, CPA
Packet Pg. 95
10
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 96
ME A D OW B RO OK LN
N O 'C O N N OR R
LIME TR E E LN
10.a
N R O GE R S R D
PA RK P L N S T C LA IR D R
N M A C A R TH U R B LVD
AR C A D Y LN
E S T C LA IR D R
PA RK W AY D R
W ST C LA IR D R
D
SHELBY CT PROJECT
LOCATION
WI
RV
IN G
STE WA R T D R
BL
W
TH A D D R
VD
HA R T IN C IR
IR V
(3836 : 19 Awd Texas State Utilities for MacArthur Blvd.)

RE D B IR D D R
SE
BL U EB IR D D R
IN G
RV
BL
IC
N R O GE R S R D
ER
VD
HA W TH OR N E S T
PI O
D
SE
NE
ER
RV
DR
TH OM PS ON S T
IC
CE D A R D R
A CT
ER
N
D
IR B Y LN
PIE D MO N T ST
CA M PA
PE C A N D R
IR IS D R
W VIR GIN IA ST
N R O GE R S R D
DU N N IN G S T IR
NS
VI
N
G SU N S ET D R
OW
B
LV
D
ER S
PA RK S ID E A VE E
B
RD
RO C K ISLA N D R D
NIC H O LS S T
BO WM A N ST
WH ITH A M ST
WB
IN G B LV D
W IR V
Attachment: ELMO-6th-Pioneer-MacArthur
SE GU N D O D R
AB B O TT D R W SE C ON D S T
WA N DA D R
CO LLIN S D R
S R OG ER S R D
S M A C A R TH U R B LV D
LES LIE L N
SC H U LZE D R
CT
SC H U LZE D R
S O'C ON N O R R D
LA R RY D R
Y
W TH IR D ST
DE W E
CH A R L ES D R
SA N D R A D R
W FOU R T H S T
HA L EY ST
KE E LER D R
W FIFTH S T
W FIFTH S T
W SIX TH S T
PROJECT
WE STW OO D D R
W SE V EN TH S T
LOCATION
OA K LA N D D R
JE FF C T
HA Z EL S T
KN IG H T LN
HIL LTO P D R
AR R O WH E A D D R
ELM S R D
W EIG H TH ST GLE N WOO D D R
2/2 3/2 011 1:1 4:15 PM

MacArthur Boulevard Corridor Enhancements
Disclaimer/Limit ation of Li abilit y: Utility
All data, specifical ly including the geographic data herein are provided
Undergroundings at 6th St and MacArthur and
"as is" wit hout warrant y of any kind, eit her expressed or implied, or statutory, Pioneer and MacArthur
´
1 inch = 800 f eet
including, but not limit ed to, the implied warrant ies of merchantability and
Feet
fitness f or a particular purpose. The user assumes t he enti re risk as t o the
quality and perf ormance of t he data. 0 400 800 Packet Pg. 97
11
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3838

Recommending Department: Public Works & Transportation LSR No: 11966
Resolution -- Authorizing the Mayor to Execute an Agreement Between the

City of Irving and the Texas Department of Transportation for Sharing
Intelligent Transportation Systems (ITS) Data
2. Impact: This resolution gives the ability to share real-time video images of traffic
operations and motorist advisory information on a mutual basis between the City of
Irving and the Texas Department of Transportation (TxDOT).
3. This Agreement permits the city direct access and limited control over the TxDOT
ITS Field Network and ITS Business Network.
4. This sharing of information and traffic intelligence will significantly improve mobility,
traffic operational efficiency and management, as well as public safety and
emergency response.
5. There is no funding required.
Recommendation
Contract Required: Yes Review Completed By: Carrie Morris
Previous Action: N/A Council Action: March 24, 2011
ATTACHMENTS:
Sharing ITS Data (PDF)

Budget: N/A Actual: N/A
Budget Adjustment/Transfer Required: No (If yes, please explain.)
Prepared: 3/3/2011 02:00 PM by Sheila Garcia
Last Updated: 3/18/2011 08:46 AM by Cecilia Castillo
Packet Pg. 98
11
CITY OF IRVING

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Texas Department of Transportation for Sharing Intelligent Transportation
System Data, and the Mayor is authorized to execute said agreement.
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 99
11.a
Texas Department of Transpo tion

P.O. BOX 133067· DALLAS, TEXAS 75313·3067·
February 11, 2011
Agreement for Sharing Intelligent Transportation

Systems (ITS) Data
Mr. Jim O'Connor, P.E.

Transportation and Public Works
Attachment: Sharing ITS Data (3838 : 21 Agmt Sharing ITS Data)

City of Irving
PO Box 152288
Irving, TX 75015-2288
Dear Mr. O'Connor:
We are forwarding two (2) revised copies of the Agreement for Sharing Intelligent
Transportation System Data (ITS) between the City of Irving and the Texas Department
of Transportation. This agreement will allow the parties to connect and/or share
TxDOT's assets and data for the purpose of transmitting transportation related data and
video.
Please have these documents signed by the proper personnel and return two (2)
originals to us for further processing. A fully executed counterpart w'ill be returned to
you for your files.
We look forward to continue to work with you to share traffic information. Feel free to
contact Ms. Angela Green, 214-320-4432, concerning this agreement or Mr. Richard
Cortez, P.E., 214-320-4495, concerning this connection.
Attachments
THE TEXAS PLAN
REDUCE CONGESTION· ENHANCE SAFETY· EXPAND ECONOMIC OPPORTUNITY· IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
Packet Pg. 100

An Equal Opportunity Employer
Contract No: 11.a
_
STATE OF TEXAS §
CO:.JNTY OF TRAVIS §
AGREEMENT for SHARING
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) DATA
CONTRACTING PARTIES:
Texas Department of Transportation
TxDOT
Dallas District
City of Irving Grantee
TxDOT is the owner of Intelligent Transportation Systems (ITS) infrastructure that consists of:
• an ITS Field Network (including but not limited to sensors, cameras, signs, and communications links
constructed along segments of the State highway system); and
an ITS Business Network that has produced and produces transportation-related information that is used

for the purpose of traffic management in which the State owns certain rights, title, and interests related
thereto, including copyrights.
The Grantee desires TxDOT to grant rights to receive and use TxDOT transportation-related information ("Traffic
Data"). TxDOT is agreeable to grant rights provided the Grantee agrees to the terms and conditions established in this
agreement.
This contract incorporates the provisions of Attachment A, Descriptions and Specifications of Rights Granted in
Article 2; Attachment B. Guidelines for Use of State Equipment and Infrastructure, and Attachment C, Connectivity
Diagram.
,BACKGROUND
TxDOT, in accordance with Texas Transportation Code, §201.205, may:
1. Apply for, register, secure, hold and protect its intellectual property, patents, copyrights, trademarks, or other
evidence of protection of exclusivity; and
2. Enter into non-exclusive license agreements with any third party for the receipt of fees, royalties, or other things of
monetary and non-monetary value; and
3. Waive or reduce the amount of fees if it determines that such waiver will further the goal and missions of TxDOT
and result in a net benefit to TxDOT; and
Texas Transportation Code. §202.052 authorizes TxDOT to lease highway assets if the area to be leased is not
needed for highway purposes during the term of the lease and TxDOT charges fair market value for the leased asset,
and authorizes TxDOT to waive such fees for social, economic, and environmental mitigation purposes.
TxDOT - alone or as a stakeholder in DalTrans, the regional traffic management centers (TMC) - has trademark
registrations on marks in accordance with the requirements of Title 15 U.S.C. Section 1051 et seq., as amended:
• Registration Number(s) hereinafter identified as 1802491, the TxDOT Logo; 3027037, and the DalTrans
trademark.
AGREEMENT
In consideration of the mutual promises contained in this agreement, TxDOT and the Grantee now agree as follows:
ARTICLE 1. CONTRACT PERIOD

This agreement becomes effective when signed and dated by the last party whose signing makes the agreement fUlly
executed. This agreement shall terminate five (5) years from that date, or when otherwise modified or terminated, as
hereinafter provided.
ARTICLE 2. RIGHTS GRANTED

TxDOT hereby grants the Grantee a non-exclusive right, license, and privilege worldwide to use all or portions of
Traffic Data from TxDOTs ITS Field Network and ITS Business Network. The Grantee agrees that this agreement
does not transfer or convey any ownership or any rights other than those rights expressly granted by the agreement.
Page 1 of 4 Packet
CSS Pg. 101
rev 6125/10
Contract No: 11.a
_
TxDOT further agrees to provide connectivity to Grantee to access TxDOT Traffic Data as described in Attachment A
to this agreement, which is attached hereto and incorporated herein for all purposes.
ARTICLE 3. PROVISION OF INFRASTRUCTURE

The Grantee is responsible for providing and maintaining any hardware, software, and additional ITS infrastructure that
is necessary to obtain the Traffic Data. TxDOT may provide unused ITS infrastructure and TxDOT facilities to support
the additional infrastructure when possible, and when deemed to be in the best interest of TxDOT. Grantee agrees that
TxDOT does not guarantee the availability of the Traffic Data or a minimum response time to reestablish the
availability of the Traffic Data due to maintenance or network or system failures. A more detailed description of ITS
infrastructure to be provided by each party is shown in Attachment A. The Grantee shall not place any objects or
equipment in the State Right-of-Way or on any other TxDOT property without advanced written permission from the
District Engineer or designee.
ARTICLE 4. FEE
As the use of the Traffic Data will result in social, economic, and environmental mitigation, by increasing mobility and
reducing congestion on public highways, TxDOT agrees to waive any monetary fee associated with the use of the
Traffic Data. After the initial year, TxDOT reserves the right to charge a fee for the use of the Traffic Data by providing
not less than thirty (30) days written notice to the Grantee defining the terms of the fee.

ARTICLE 5. COPYRIGHT INFRINGEMENT
The Grantee shall notify TxDOT of any infringement or potential infringement by a third party, of which it becomes
aware, of the copyright or any other rights owned by TxDOT relating to the use of the Traffic Data. The Grantee shall
provide TxDOT, if feasible, any information or other assistance requested by TxDOT to assist in TxDOT's prosecution
of any breaches or infringements.
ARTICLE 6. TAXES AND FEES

Grantee agrees to report to the appropriate taxation authority and pay all federal, state, and local taxes or fees that
may be imposed by any governmental entity for the use of the Traffic Data.
ARTICLE 7. ASSIGNMENT PROHIBITION

The Grantee is prohibited from assigning any of the rights conferred by this agreement, to any third party.
Notwithstanding the foregoing, the Grantee may assign the rights of this agreement of the Traffic Data to an affiliated
corporate entity or to a purchaser of substantially all its assets without TxDOT's consent, provided that TxDOT's rights
under this agreement remain unaffected. Any assignments shall be subject to the terms and conditions of this
agreement.
ARTICLE 8. TERMINATION
a) Including the provisions established herein, this agreement may be terminated by any of the following
conditions.
i) Mutual agreement and consent of the parties hereto.
ii) By TxDOT for reason of its own and not subject to the approval of the Grantee upon not less than thirty
(30) days written notice to the Grantee.
iii) By the Grantee for reason of its own and not subject to the approval of TxDOT upon not less than thirty
(30) days written notice to TxDOT.
iv) Immediately for breach of this agreement as determined by TxDOT.
b) Termination of the agreement shall extinguish all rights, duties, obligations and liabilities of TxDOT and
Grantee of this agreement. All rights granted to the Grantee shall revert to TxDOT as owner of the Traffic
Data. Upon termination of this agreement, the Grantee will immediately cease transmitting, using, distributing
and/or modifying the electronic signals of the Traffic Data.
c) Termination or expiration of this agreement shall not extinguish any of the Grantee's or TxDOT's obligation
under this agreement which by their terms continue after the date of termination or expiration.
ARTICLE 9. HOLD HARMLESS

The Grantee shall indemnity and save harmless TxOOT and its officers and employees from all claims and liability due
to its materials or activities of itself, its agents, or employees, performed under this agreement and that are caused by
or result from error, omission, or negligent act of the Grantee or of any person employed by the Grantee. The Grantee
shall also indemnify and save harmless TxDOT from any and all expense, including but not limited to attorney fees that
may be incurred by TxDOT in litigation or otherwise resisting the claim or liabilities that may be imposed on TxDOT as
a result of such activities by the Grantee, its agents, or employees. The Grantee agrees to indemnify and save
harmless TxDOT and its officers, agents, and employees from any and all claims, damages, and attorneys' fees
Page 2 of 4 Packet
CSS Pg. 102
rev 6/25/10
11.a
Contract No:
arising from the use of outdated Traffic Data or other information. The Grantee's indemnification of TxDOT shall extend
for a period of three (3) years beyond the date of termination of this agreement.
ARTICLE 10. RELATIONSHIP BETWEEN THE PARTIES
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for
its own acts and deeds and for those of its agents, servants, or employees.
ARTICLE 11. REMEDIES
Violation or breach of contract by the Grantee shall be grounds for termination of the agreement. Any increased costs
arising from the Grantee's default, breach of contract or violation of contract terms shall be paid by the Grantee.
ARTICLE 12. AMI:N'DMe:NrS
Any changes in the contract period, character, or agreement terms shall be enacted by a written amendment executed
by both parties. Amendments must be executed during the contract period established in Article l.
ARTICLE 13. VENUE
This agreement is governed by the laws of the State of Texas.

ARTICLE 14. NOTICES
All notices to either party by the other party required under this agreement shall be delivered personally or sent by
certified or U.S. Mail, postage prepaid, addressed to such party at the following respective physical addresses:
STATE: Texas Department of Transportation

ATTN: Director of Operations
4777 E Hwy 80
Mesquite, TX 75150-6643
City of Irving
GRANTEE:
AnN: Assistant Director of Public Works and Transportation
333 Valley View
Irving, TX 75061
and shall be deemed to be received by the addressee on the date so delivered or so deposited in the mail, unless
otherwise provided within. Either party hereto may change the above address by sending written notice of such
change to the other.
ARTICLE 15. CONFIDENTIAILITY

The Grantee shall not disClose information obtained from TxDOi under this agreement without the express written
consent of TxDOT.
ARTICLE 16. COMPLIANCE WITH LAWS

The Grantee shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations,
and with the orders and decrees of any court or administrative bodies or tribunals in any manner affecting the
performance of this agreement. When requested, the Grantee shall furnish TxDOT with satisfactory proof of this
compliance. The Grantee shall provide or obtain all applicable permits, plans, or other documentation required by a
federal or state entity.
ARTICLE 17. PROHIBITION AGAINST VIDEOTAPING OF TxDOT VIDEO FEED

Grantee further agrees that it shall not copy nor duplicate, or allow to be copied, any of the video feeds that are
provided by TxDOT in connection with this agreement but Grantee shall, if it is a media outlet, have permission to
maintain recorded footage from the provided video feeds that became part of its regular programming.
ARTICLE 18. STATE AUDITOR'S PROVISION

The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under the
contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or
indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the
direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An
entity that is the subject of an audit or investigation must provide the State Auditor with access to any information the
State Auditor considers relevant to the investigation or audit.
Packet Pg. 103

Page 3 of 4 CSS rev 6125/10
Contract No: 11.a
_
ARTICLE 19. SIGNATORY WARRANTY

The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party they represent.
IN TESTIMONY WHEREOF, TxDOT and the Grantee have executed duplicate counterparts of this agreement.
CITY OF IRVING
APPROVED AS TO FOAM:
City Attorney
By Date
Assistant City Attorney

By Date
THE, STATE OF TeXAS

Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and
effect of activating and/or carrying out the orders. established policies or work programs heretofore approved and
authorized by the Texas Transportation Commission.
By Date
William L. Hale, P.E., Dallas District Engineer
Sharing_iTS_Data w/Directions Page 4 of4 Packet

CSS Pg. 104
rev 6/25/10
Contract No: 11.a
_
AITACIHM ENT A
Scope of Services
RIGHTS GRANTED
By TxOOT By Local Government
1. Provide TxDOT Traffic Data, including traffic camera 1. Provide Local Government Traffic Data to TxDOT,
full-motion images to Grantee. including traffic camera full-motion images.
2. Provide use of TxDOT software as a user c1ient(s) at a 2. Provide configuration of a client workstation on the
secure level to be determined by TxDOT. Local Government CCTV control software with privilege
for camera selection and access to pan, tilt, and zoom
3. Provide configuration of a client workstation on the
at a secure level to be determined by the Local
TxDOT District CCTV control software with privilege, by
Government.
request, for camera selection and access to pan, tilt,
and zoom (PTZ) at a secure level to be determined by
TxDOT. Guidelines for use of PTZ are listed in

Attachment B.
PROVISION OF INFRASTRUCTURE
By TxDOT By Local Government
1. Provide connection to TxDOT District Advanced Traffic 1. Provide access ports on Local Government's
Management System (ATMS) local area network as a

equipment at it's TMC for TxDOT to receive Local
client(s) at a secure level to be determined by TxDOT Government's Traffic Data
2. Provide space for equipment required to complete the 2. Provide space for all equipment required to complete
video connection within reason. the video connection.
3. Provide use of ATM switch at TxDOT satellite Bldg. #3 3. Provide fiber splice box, Ethernet switches, three (3)
to allow fiber connection. The Local Government will MPEG-2 over ATM decoders, (3) MPEG-4 over IP
use two (2) TxDOT owned single-mode fiber optic encoders, (3) MPEG-4 over IP decoders as noted on
strands to tie in at Satellite #3 as shown on the the attached connectivity diagram.
attached connectivity diagram. Provide TxDOT
managed Ethernet switches and firewall.
4. As described in Article 3-Provision of Infrastructure,

Provide three (2) MPEG-2 over ATM encoders, (2)
the Grantee is responsible for providing and
MPEG-4 over IP encoders, (2) MPEG-4 over IP
maintaining any hardware, software, and additional
decoders as noted on the attached connectivity
ITS infrastructure that is necessary to obtain the video
diagram.
connection.
4. Provide software to allow Grantee access to systems
5. Local Government shall retain ownership of and
and data.
maintain all hardware, software and communications
5. Retain ownership of TMC hardware, software and provided by the Local Government.
communications provided by TxDOT.
NON-MONETARV COMPENSATION
By TxOOT By Local Government
1. Waive any monetary fee associated with the use of 1. Waive any monetary fee associated with the use of the
the TxDOT ITS video and data. Local Government's ITS video and data.
2. The Local Government may transmit municipal TMC 2. The Local Government agrees to give TxDOT voice
ITS video information to TxDOT with an imbedded and/or visual credit (TxDOT Logo) for sharing the
Local Government logo. TxOOT shall not block, information. TxDOT may transmit District TMC ITS
modify, or remove the Local Government logo. video information to the Local Government with an
imbedded TxDOT Logo. The Local Government shall
not block, modify, or remove,the TxDOT Logo.
Sharing_iTS_Data w/Directions Page 1 of 1 CSS rev 6/25/10

Attachment A Packet Pg. 105
11.a
Contract No:
ATTACHMENT B
Guidelines for Use of State Equ,ipment and Infrastructure
(Applicable to Rights Granted in Attachment A)
ITS FIELD eQUIPMENT: CI'osed Circuit Television (CCTV) Cameras.

1. During periods of peak traffic flow, access shall normally be limited to TxDOT. Peak traffic flow is normally
considered to exist regularly during two periods of the day, Monday through Friday. In general, one period of peak
traffic flow exists in the early morning and the other period of peak traffic flow exists in the late afternoon.
Additional periods of peak traffic flow may exist at other times during the weekday and weekend due to special
events and public gatherings. Precise times of regular and additional anticipated peak periods of traffic flow shall
be the sole determination of TxDOT and may change from time to time.
2. During an incident access shall normally be limited to TxDOT and local emergency service agencies. An incident
is defined as any condition in which traffic flow is not normal. As an example, abnormal traffic flow could be

caused by debris in the road, such as a mattress or board, or could be caused by non-recurring congestion, such
as on-lookers to an automobile accident, public gathering, construction, or roadway maintenance. The duration of
the incident shall be considered complete once any TxDOT andlor emergency service personnel and vehicles
have departed from the incident scene and traffic flow has returned to normal.
3. During periods described above in which TxDOT normal daily operations have ceased or local emergency service
agencies do not operate, access to TxDOT equipment shall be limited to the following:
• eeTV - pan, tilt, and zoom controls shall be limited to obtaining broad general traffic information.
Panning, tilting, or zooming to obtain visual detailed information of an incident scene or traffic flow is
limited to TxDOT and emergency service agencies at all times.
4. During all other periods, not described above, access shall be limited to obtaining and providing transportation
related information only.
• CCTV pan, tilt, and zoom for enforcement and any non-transportation related information purpose is
forbidden at any time. A single breach of any of the above guidelines shall be grounds to immediately
withdraw the privilege of pan, tilt, and zoom.
5. Access to ITS field equipment may be withdrawn at anytime By TxDOT without notice if access is determined to
not be in the best interest of TxDOT.
Sharing_ITS_Data wlDirections Page 1 of 1 ess rev 6125/10

Attachment B Packet Pg. 106
11.a
Contract No:
ATTACHMENT C
COMMUNCATIONS DIAGRAM

Sharing_ITS_Data w/Directions Page 1011 css rev 6125/10 Packet Pg. 107
Attachment C
11.a
Contract No:
_ : ~ 3 Swilch-.
Ao:c:eB Lists Ind VlANS City oIlMng Toe
~TxDOT""'" DAL I.TS Connectivity La,yout
en, oA Inring
City of Irving Connection
0>fT..... Oioftl L3 Ci<co s.iIdl 11512010

I fjEfI3 EI3EI I
Leoend

_ I I , , " , c.I5_
__ _ ... E.1nIm.. owr e-s CfGMOIW carDe
CGIe-nt_
-.~
~._-
....
onca~
NT""c _ ..... COllI
fUr
Tl
~e-
City of Irmo
Belt lile
1:=1
Cabllet
DafT~
IE3OlIO
s-
o0 - Toee _ _
I I
Existfjg
FiberP*"
P
TxDOT SH'1141
Belt lile Hub =t-~I _5
_, u.~3 Swti'l-.
lists and VlANS
Ml>IrMi"ll T.COT fnlm
CilyoAlNine
Col
cooeC.
....
~
211M
s..c:n --.....
TxDOTSAT 1
.
•D~·I·I·I·~:~:I.I.u.n •
~.
oom- " " " - ESRSllOO Router
-----"
Sharin9-ITS_Data w/Directions Page 1 of 1 CSS rev 6125/10 Packet Pg. 108

Attachment C
12
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3839

Recommending Department: Public Works & Transportation LSR No:
Resolution -- Authorizing the Mayor to Approve Statement of Cost in

Accordance with the Advanced Funding Agreement with Texas Department
of Transportation for the IH635 Westbound Frontage Road from 0.95 Miles
West of Belt Line Road to 0.075 Miles West of Olympus Boulevard
2. Impact: The completed project has greatly enhanced overall mobility as well as
access along the IH635 Corridor.
3. City participation in this project was established by Resolutions 01-06-05-013 and
01-06-05-014 passed in January 2005.
4. The City of Irving placed a total of $4,512,769.87 as an advanced payment to cover
its share of the estimated cost associated with the project. These funds were fully
reimbursed in accordance with the Escrow Agreement between the City of Irving
and Billingsley Development Corporation Council Resolution 1-6-05-013.
5. The final cost was $4,589,468.09 leaving a deficit of $76,698.22.
6. This project has been completed and accepted by TxDOT.
7. Funding in the amount of $76,698.22 is available in the Street Improvement Fund.
In accordance with the Escrow Agreement between the City of Irving and Billingsley
reimbursed in their entirety to the City of Irving.
8. Upon reimbursement by Billingsley Development Corporation to the City of Irving,
the Public Works Traffic & Transportation Department request reimbursed funds be
placed in a Non-Bond CIP account.
Recommendation
Previous Action: 01-06-05-013 Council Action: Resolutions approved.
01-06-05-014
ATTACHMENTS:
Statement of Cost (PDF)
1-6-05-013 Resolution (PDF)
1-6-05-014 Resolution (PDF)
Packet Pg. 109

12

4001-2111-71804-907068 Budget: $76,698.22 Actual: $76,698.22
Budget Adjustment/Transfer Required:
Prepared: 3/4/2011 11:30 AM by Sheila Garcia
Last Updated: 3/18/2011 08:41 AM by Cecilia Castillo
Packet Pg. 110

12
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Statement of Cost in
accordance with the Local Advance Funding Agreement between the City of Irving
and the Texas Department of Transportation for roadway improvement and
adjustments for the extension of the IH635 Westbound Frontage Road from 0.095
miles west of Belt Line Road to 0.075 miles west of Olympus Boulevard in the
amount of $76,698.22 and the Mayor is authorized to execute said agreement.
SECTION II. In accordance with the Escrow Agreement between the City of Irving and Billingsley
reimbursed in their entirety to the City of Irving. The funds when received from
Billingsley Development Corporation are to be placed in account 4001-2111-71804-
907068.
SECTION III. THAT this expenditure shall be charged to Account No. 4001-2111-71804-907068.
__________________________________
Max S. Duplant, CPA
Packet Pg. 111

12
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 112

12.a
_~_~_;c~
.~--
I Texas Department of Transportation
Attachment: Statement of Cost (3839 : 21 Appr Statement of Cost (TxDOT) IH635 WBFR)
P.O. BOX 133067· DALLAS, TEXAS 75313-3067' (214) 320-6100
August 31,2010
CSJ: 2374-07-053
0.095 Mi. West of Beltline Rd. to
0.075 Mi. West of Olympus Blvd.
Final Statement of Cost
Mr. James E. O'Connor, P.E.

Transportation Manager
City of Irving
333 Valley View Lane
Irving, TX 75060
Dear Mr. O'Connor,
The above captioned project has been completed and accepted by the State, in
accordance with the terms of the agreement negotiated with the State. The City
of Irving placed a total of $4,512,769.87 as advanced payments to cover its
share of the estimated costs associated with the construction of this project. Final
auditing by this office revealed additional funds due to TxDOT.
Attached is your revised final Statement of Cost amounting to $4,589,468.09

leaving a deficit of $76,698.22. Please remit a check made payable to the Texas
Department of Transportation in the amount of $76,698.22 within thirty days from
receipt of this letter.
if you have any questions, please contact Kelly Davis at 214-320-4424.
Sincerely,
;-/~"- S~
Moosa Saghian,~.
nirF>,dnr nf Prnipd nAlivAnl
Packet Pg. 113
12.a
STATEMENT OF COST
City of Irving
Attachment: Statement of Cost (3839 : 21 Appr Statement of Cost (TxDOT) IH635 WBFR)
PRELIMINARY FORCE CONSTRUCTION
PROJECT ENGINEERING CONSTRUCTION ACCOUNT ENGINEERING TOTAL
CC 2374.()7.()53
2374-07-053 $ 82,658.22 $ 4,070,975.96 $ 435,833.91 $ 4,589,468.09
$ 82,658.22 $ 4,070,975.96 $ $ 435,833.91 $ 4,589,468.09
% Participation
Preliminary Engineering Portion Funded by Entity 100.00% $ 82,65822
Construction Portion Funded by Entity 100.00% $ 4.070,97596
Force Account Portion Funded by Entity 0.00% $
Construction Engineering Portion Funded by Entity 100.00% $ 435,833.91
Indirect Cost Portion Funded by Entity 0.00%~$~7'C~~~
Total Amount Chargeable to Entity $ 4,589,468.09
Amount Chargeable $ 4,589,458.09

Less: Advanced Cash Payments $ 4,512,769.87
Amount Due from Local Entity $ 76,698,22
Certified Correct:
Signature:)a-c:,.) ~
Prepared by: Packet Pg. 114

12.b
CITY OF IRVING
COUNCIL RESOLUTION NO. 1-6-05- 013
BE IT RESOLYED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION 1. THAT the City Council hereby approves the attached Escrow Agreement between
Attachment: 1-6-05-013 Resolution (3839 : 21 Appr Statement of Cost (TxDOT) IH635 WBFR)
the City of Irving and Billingsley Development Corporation, Inc., for the
construction of a freeway frontage road on the north side of Interstate Highway 6351
with Billingsley Development Corporation, Inc., advancing all costs in connection
with said construction and those costs being equal to the amount owed by the City of
Irving and the State of Texas in accordance with the 'terms and provisions of the
advance, funding agreement between the State of Texas and the City of Irving, and
the Mayor is authorized to execute said agreement.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it
is accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING,

TEXAS, this 6th day of January, A.D. 2005.
C oll,TRMC
Secretary
.~David Caylor Jamesc~--

/ City Attorn Public Wodes and Transportation Director
Packet Pg. 115

12.b
ESCROW AGREEMENT
THE STATE OF TEXAS §

§
COUNTY OF DALLAS §
THIS ESCROW AGREEMENT ("Agreement") is made and entered into as of January
It fL: 2005, by and between Billingsley Development Corporation, Inc. ("Owner") and the
City of Irving, Texas ("City"), a home rule municipal corporation located in Dallas County,
Texas. (Owner and City are hereinafter referred to severally as a "Party>' and collectively as the
"Parties".)
WIT N E SSE T H:
WHEREAS, upon the request of Owner, the City has joined Owner in obtaining the
agreement of the Texas Department of Transportation ("TxDOT") (hereinafter called "State") to
construct a freeway frontage road on the north side ofInterstate Highway 635 between a tie-in
point on the westernmost ramp reversal approximately 0.095 miles West of Belt Line Road and a
tie-in point on the easternmost ramp reversal approximately 0.075 miles West of Olympus
Boulevard, with associated frontage road extending from the existing frontage road terminus
eastward to the easterly curb of Belt Line Road (hereinafter called the "Project"); and
WHEREAS, pursuant to the agreement, Owner has agreed to advance funds to construct
the Project and the State has agreed to construct the Project provided that the City agrees to bear
all costs of the construction of the Project; and
WHEREAS, in order to have certain improvements to Interstate Highway 635
ESCROW AGREEMENT - Page 1

616953.6
Packet Pg. 116

12.b
constructed within right-of-way owned and controlled by The State of Texas, the City must enter
into a Local Project Advance Funding Agreement For Voluntary Local Government
Contributions To Transportation Improvement Projects With No Required Match (On-System)
("Advance Funding Agreement") whereby the City agrees to advance funds to the State for the
Project; and
WHEREAS, Owner agrees to escrow the entire amount ("Escrow Amount") that City is
required to advance to the State pursuant to the Advance Funding Agreement.
NOW, THEREFORE, the Parties, for the mutual and dependent consideration herein
recited, and for other good and valuable consideration, hereby agree as follows:
1. Escrow. Owner agrees to deliver in escrow to City the Escrow Amount to hold and
disburse same in accordance with the Advance Funding Agreement. The Escrow Amount to be
provided to the City in two (2) increments as follows: (1) the amount specified in the Advance
Funding Agreement as "State Review of preliminary engineering" to be provided to the City by
the Owner with submittal of this Escrow Agreement, executed by the Owner, for final execution
by the City, and (2) the residual amount of the "Total Estimated Local Government Project Cost"
as specified in the Advance Funding Agreement to be provided to the City by the Owner not less
than sixty (60) days prior to the date set by the State of Texas for receipt of bids for the Project
(a.k.a. "bid letting date"). Furtbennore, the City shall hold funds provided by the Owner for no
longer than two (2) calendar months before disbursement of said funds to the State for the
purposes of this Project.
2. Construction. The State will construct the Project, or cause the Project to be
constructed, in accordance with the State's standards, and Owner has provided to the State plans,

616953.6
Packet Pg. 117

12.b
specifications, and estimates (PS&E) for such construction. In the event any utility relocation(s)
shall be required in connection with the construction of the Project, Owner shall be responsible
for all costs incurred in the relocation(s). In the event any right-of~way shall be required in
connection with the construction of the Project, Owner shall be responsible for providing the
same at no cost to the City or the State, to the extent provided in the Contract for City of Irving
Participation I Infrastructure Improvements dated effective November 18, 2004 (the
"Infrastructure Contract") .
3. Costs.
A. Owner shall pay all costs and expenses in connection with the preparation of complete
plans, specifications and estimates for, and the construction of, the Project, and those costs
and expenses shall equal the amount owed by the City to the State under the Advance
Funding Agreement for the Project. Such costs and expenses shall include costs and
expenses of preliminary engineering, environmental clearance, right -0 f- way acquisition (to
the extent provided in the Infrastructure Contract), utility adjustment or relocation, design
review by the State (and Federal government if required), contingencies, construction
engineering, inspection, supervision, and indirect costs. Owner's costs as set forth herein
shall be the same scope and amount as specified in the Advance Funding Agreement
between the City and the State for the Project, but only to the extent required of the
Developer parties to the Infrastructure Contract. Prior to the date the Resolution for
approval of this Escrow Agreement is scheduled by the City Council of the City of Irving,
Owner shall: forward to the City, by cashier's check or by electronic funds transfer (if prior
arrangements have been made for such electronic funds transfer with the Finance

6)6953.6
Packet Pg. 118

12.b
Department of the City), funds in such amount(s) of the State's costs and expenses as stated
in the Advance Funding Agreement, and the City shall provide such funds to the State as
set forth by the Advance Funding Agreement.
B. If, at any time subsequent to the award of the Project construction contract by the State, the
actual cost of the construction of the Project is greater than the amount of funds previously
furnished by Owner to the City, Owner shall provide the City an amount equal to the
additional funds necessary for the construction of the Projed and the City shall provide
funds to the State in accordance with the Advance Funding Agreement. In the event the
actual costs of the construction of the Project is less than the amount of funds furnished by
Owner to the City, all excess funds over and above the actual cost shall be reimbursed by
the City to Owner upon receipt of said funds from the State and written notice from the
State affinal acceptance of Project is received by the City. Any funds provided by Owner
to the City for the Project and not disbursed to the State, if any, shall also be reimbursed to
Owner upon written notice from State of final acceptance of Project.
C. The Owner shall be responsible for the cost of any change order(s) to the Project. No
change order shall be approved by the City until Owner has approved the change order and
deposited with the City the additional funds (if required) requested by the State. Upon
receipt of such funds from the Owner, the City shall provide the funds to the State in
accordance with the Advance Funding Agreement. If the Owner does not approve a
change order, this Agreement can be terminated as set forth below.
D. The City will not incur any costs associated with the construction of the Project.
E. Foods received by the City from the Owner for costs associated with the Project and

616953.6
Packet Pg. 119

12.b
dispersed within a period of one (1) year shall not earn interest.
4. Termination. This Agreement shall tenninate and be null and void upon the
happening of any of the following events:
(a) Upon the mutual written agreement of Owner and City;
(b) Upon cancellation of the Project by the State; or
(c) Upon completion of the Project and acceptance thereof by the State.
5. Effect of Tennination. If the Agreement is terminated in accordance with the above
provisions, the Owner will be responsible for the payment of the Project costs
incurred by the City up to the time of termination.
6. Special Conditions.
A. The City will not issue a Certificate of Occupancy for any building constructed within
the parcel(s) ofland owned by the Owner bounded by Hackberry Road and Ranch
Trail on the North, the platted "Home Depot Market Place Addition", as recorded in
Volume 200 to63, Page 00674 of the Plat Records, Dallas County, Texas on the East,
Interstate Highway 635 (State of Texas) on the South, and Belt Line Road on the
West, until such time as the State has awarded a construction contract for the Project
or the Owner has deposited sufficient funds with the City to pay for the construction
of the Project as stated in the Advance Funding Agreement, except for a building
occupying a lot fronting on currently existing public rights-of-way with paved streets
which confonn with all applicable subdivision ordinances of the City.
B. City hereby acknowledges that the terms and provisions of the Advance Funding
Agreement materially and directly affect Owner. The Advance Funding Agreement

616953.6
Packet Pg. 120

12.b
for the Project will be executed in the form set forth on Exhibit A to this Agreement,
and Owner's obligations under this Agreement are conditioned on execution of the
Advance Funding Agreement in the fonn attached as Exhibit A. City agrees not to
amend the Advance Funding Agreement in any manner which will cause a material
adverse effect on Owner hereunder without Owner's prior written consent, which
shall not be unreasonably withheld or delayed.
7. Authority. Any of the Parties may act hereunder through an agent or attomey~in-fact,
provided satisfactory written evidence of such authority is first furnished to the other
Party or Parties.
8. Notices. All notices or other communications required or permitted to be given
pursuant hereto shall be in writing and shall be deemed served and given at the time
of (i) deposit in a depository receptacle under the care and custody of the United
States Postal Service, properly addressed, prepaid, registered or certified mail with
rehlm receipt requested, (ii) delivery to the designated address of the addressee set
forth below by a third party commercial delivery service, of (iii) receipt at the
facsimile or telex receiving facility of the addressee if transmitted by facsirniI e or
telex transmission. Notice gjven in any other manner shall be effective only if and
when received and acknowledged by the addressee. For purposes of notices, the
addresses, facsimile and telex numbers ofthe Parties shall be as follows:
Owner:Billingsley Development Corporation, Inc.

Attn: Mr. William D. Walker, PE
4100 International Pkwy, Suite 1100
Carrollton, TX 75007
Telephone: 972-820-2283
Facsimile: 972-820-2202
616953.6
Packet Pg. 121

12.b
With Copy To:
Carrington, Coleman, Sloman and Blumenthal LLP

Attn: Mr. Charles C. Jordan
200 Cresent Ct, Suite 1500
Dallas, TX 75201-1848
Telephone: 214-855-3021
Facsimilie: 214-758-3721
City: City of Irving

Attn: Stephen W. McCullough, City Manager
825 W. Irving Boulevard
Irving, TX 75060-2860
Telephone: 972-721-2600
Facsimile: 972-721-2384
With Copy To:
City of Irving
Attn: Mr. Rodney Adams, Assistant City Attorney
825 W. Irving Boulevard
Irving, TX 75060-2860
Telephone: 972-721-2541
Facsimile: 972-721-2750
Any party hereto may, at any time by giving five (5) days written notice to the other
party hereto, designate any other contact representative, address, telephone number,
and/or facsimile number in substitution of the foregoing to which such notice shall
be given.
9. governing Law. This Agreement is to be construed in accordance with the laws of
the State of Texas. Venue for any cause of action arising pursuant to the Agreement
shall be in Dallas County, Texas.
10. Entire Agreement. This Escrow Agreement and the Infrastructure Contract together
constitute the entire agreement between the Owner and the City.

616953.6
Packet Pg. 122

12.b
11. Binding Effect. The Escrow Agreement shall be binding upon and insure to the
benefit of the Parties hereto and their respective successors and assigns.
12. Assignment. Neither Owner nor the City shall have the right to assign this Escrow
Agreement, except as permitted by the tenns of the Infrasttucture Contract, without
prior written consent of the other party, which consent shall not be unreasonably
withheld.
13. Captions. The captions in the Escrow Agreement are for ease of reference only and
shall in no way enlarge or limit the scope or meaning of the various provisions
hereof.
14. Counterparts. To facilitate execution, this instrument may be executed in as many
counterparts as may be convenient or required.
IN WITNESS WHEREOF, Owner and the City have caused the Escrow Agreement to be
executed by their duly authorized representative effective as of January ~005.
ESCROW AGREEMENT ~ Page 8

616953.6
Packet Pg. 123

12.b
OWNER:
BILLINGSLEY DEVELOPMENT RPORATION, INC.

A Texas corporation I
BY:
TITLE: _ _ ~SC----,--"-._V..:....;;--=Le..=-.....:.~_e."",,,;~::;"'I~~f~I\,f~ _
DATE: _ _~/LT/3+/...::-o---",->
... _

616953.6
Packet Pg. 124

12.b
CITY:
CITY OF IRVING, TEXAS
BY:
DATE:
ATTEST:
Approved J~~ , 05
Resolution # 1- tr!J5- (J13
David Caylor, City Attoroey

616953. 6
Packet Pg. 125

12.c
__________I_RV_[N_G
® ~c
O_~_~
TO: Jim Driscoll, Assistant Director of Traffic and Transportation
y
pc: David Caylor, City Auom
Cynthia Mayfield, Offic Co tdinator for Public Works
FROM: Janice Carroll, City Seer t¥Yt}y:,0

: I
DATE: February 17,2005
RE: Council Resolution No. 1-6-05-014

Authorizing The Mayor To Execute An Agreement Between The City Of Irving
And The Texas Department Of Transportation (TxDot) For Funding In The
Amount Of $3,273,170.42 For Construction Of Interstate Highway 635
Westbound Frontage Road From 0.095 Miles West Of Belt Line Road To 0.075
Miles West Of Olympus Boulevard
Enclosed please find one fully executed copy of the above referenced agreement
for your information and file.
City Secretary's Office

825 W. Irving Blvd. • Irving, Texas 75060 • 972.721.2493 • 972.721.2384 fax • www.cLirving.tx.us
Packet Pg. 126
12.c
IRVING
TO: Jim Driscoll, Assistant Director of Traffic and Transportation
FROM: Janice Carroll, City secraJ )
DATE: January 10,2005 U

RE: Council Resolution No. 1-6-05-014
Authorizing The Mayor To Execute An Agreement Between The City Of Irving
And The Texas Department Of Transportation (TxDot) For Funding In The
Amount Of $3,273,170.42 For Construction Of Interstate Highway 635
Westbound Frontage Road From 0.095 Miles West Of Beltline Road From 0.095
Miles West Of Belt Line Road To 0.075 Miles West Of Olympus Boulevard
The above referenced resolution was passed and approved by a vote of the
Council on January 6, 2005. A copy of the resolution is attached for your
information and file. Also enclosed are two original agreements. It is my
understanding that you will hand deliver the agreements to TxDot for their
signature. This file will remain in the pending system until my office receives
one fully executed original agreement from TxDot.
Attachment
City Secretary's Office

Packet Pg. 127
825 W. Irving Blvd. • Irving, Texas 75060 • 972.721.2493 • 972.721.2384 fax • www.ci.irving.tx.us
12.c
CITY OF IRVING
COUNCIL RESOLUTION NO. 1-6-05- 014
SECTION 1. THAT the City Council hereby approves the attached Advance Funding Agreement
For Standard Highway Improvement Projects (On-System) between the City of
Irving and the State of Texas, acting through the Texas Department of
Transportation, whereby City agrees to fund certain improvements in connection
with the construction of a new frontage road along westbound Interstate Highway
635 from 0.095 miles west of Belt Line Road to 0.075 miles west of Olympus
Boulevard at a cost of $3,273,170.42 for construction and inspections and
$14,677.89 for plan reviews, and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shaU be charged to Account No. 4001-2111-71801-905014.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it
THIS IS TO CERTIFY THAT FUNDS ARE VAILABLE FOR THIS EXPENDITURE.
David Leining r f"

Chief Financial 0 1 er ~

ic . Carroll, TRMC
ty Secretary
ttJ,d~?
~David Caylor
,&c£ James . line, Jr. P.E.,
D City Attorney Public Works and Transportation Director
Packet Pg. 128
12.c
~* ~
I Texas Department of Transportatio

P.O. BOX 133067 • DALLAS, TEXAS 75313·3607· (214) 320-6100
January 21,2005
Mr. James E. O'Connor, P.E.
Senior Transportation Engineer
City of Irving
825 West Irving Boulevard
P.O. Box 152288
Irving, Texas 75015-2288
RE: CSJ: 2374-07-053

Project: ill 635
Limits: From 0.095 miles West of Belt Line Road to
0.075 miles West of Olympus Boulevard
Dear Mr. O'Connor,
Attached for your use and information is a fully executed original of the Local Project
Advance Funding (LPAFA) between the Texas Department of Transportation and the
City of Irving for the construction of westbound Frontage Road and Ramp Reversals at
JH 635 from 0.095 miles west of Belt Line Road to 0.075 miles west of Olympus
Boulevard. Please contact Mr. Praxedis Garza, P.E. or Mr. Maurice Pittman, P.E. at the
Northwest Area Office, 972-479-9747 to coordinate the project activities.
If you have any questions, please call Polita Flemming at 214-320-4433.
Sincerely,
r?~e-- S~~--
Moosa Saghian, P.E.
Director of Contract Administration
Attacrunent
PCF
CC: GarzaIPittman - Northwest Area Office
Cootracts
Packet Pg. 129

12.c
CSJ: 237 .J -053 /2\.
Project #: C 2374-7-53 '<$/"
County: Dallas '- ~
Location: IH 635 0
Limits: From 0.095 miles West of Belt Line ~
Road to 0.075 miles West of Olympus Boulevard ~
THE STATE OF TEXAS §

THE COUNTY OF TRAVIS §
LOCAL PROJ,ECT ADVANCE FUNDING AG'R'EEMENT FOR
VOLUN,TARY LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT IS MAO.I: BY AND BETWEEN the State of Texas, acting through the Texas·
Department of Transportation, hereinafter called the State, and the City of Ilrving, acting by and
through its duty authorized officials, hereinafter call1ed the Locall Government.
WlrTNESSETH
WHE.REAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to layout,
construct, maintain, alild operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WtHER,EAS, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and
Chapter 221, authorizes the State to contract w~h municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 108087 authorizes the State to undertake and
complete a highway improvement generally described as the construction of westbound Frontage
Road and Ramp Reversals on IH 635 from 0.095 miles west of Belt Line Road to 0.075 miles west of
Olympus Boulevard; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as the
construction of westbound Frontage Road and Ramp Reversals on IH 635 from 0.095 miles west of
Belt Line Road to 0.075 miles west of Olympus Boulevard, hereinafter called the "Project"; and,
WHEREAS, Transporta'tron Code, §201.209 allows the State to enter into an interlocal agreement
with a Local Government; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or 0 rd ;nance dated PolJ: 1- I.J . OS: 0 I c/ , which is attached hereto and made a part
hereof as Attachment A for the development of the specific project which is identified in the Location
Map shown as Attachment B.
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State
and the Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without
exception.
AFA- LPAFAVolProj Page 1 of 8 RevisedPacket
8/17/04Pg. 130
12.c
CSJ: 23i )7-053
Project #: C 2374-7-53
Arti'cle 2. Project Funding a,nd Work Responsibilities. The State will authQrize the performance
of only those Project items of wmk which the Local Government has requested and has agreed to
pay for as described in Attachment C, lPaymernt Provision and Work Responsibilities which is
attached to and made a part of this contract.
In addition to identifying those items of work paid for by payments to tne State l Attachment C,
Payment Provision and Work Responsibilities, also specifies those Project items of work that are the
responsibility of the Local Government and will be carried out and completed by the Loc'al
Government, at no cost to the State.
Article 3. R.ight of Access. :If the Local Government is the owner of any part of the Project site, the
Local Government shall permit the State or its authorized representati,ve access to the site to perform
any activities required to execute the work. The Local Government willlProvide for all necessary right
of-way and utility adjustments needed for performance of the work on sites. not owned or to be
acquired by the State.
Article 4. Responsibilities of the Parties. Responsibilities of the Parties will be 'Under the
condit,ions as provided for in the MAFA, without exception.
Article 5. Document and Information Exchange. The Local Government agrees to electronically
deliver and provide a hard copy to the State all generall notes, plans. specifications, estimates,
contract provision requirements and related documentation. An electronic copy of the. plans. will 'be in
Microstation DGN files and all other docume.ntation in Microsoft® Word or similar document. If
requested by the State, the Local Government will use the State's document template. The Local
Government shaH also provide a detailed construction time estimate including types of activities and
month in the format required by the State. This requirement applies whether the locall entity creates
the documents wW, its own forces or by hiring a consultant or professional provider.
Article 6. Interest. Interest will be under the condUions as provided for in the IMAFA, without
exception.
Article 7. Inspection and Conduct of Work. Unless otherwise specifically stated in Attachment C,
Payment Provision and Work Responsibilities, to this contract, the Stat.e will supervise and inspect all
work performed he!f'ieunder and provide such engineering inspection and testing services as may be
required to ensure that the Project is accomplished in accordance with the approved plans and
specifications. All correspondence and instructions to the contractor performing the work will be the
sole responsJibility of the State. Unless otherwise specifically stated in Attachment C to this. contract,
all work will be performed in accordance with the Standard Specifications for Construction and
Maintenance of Highways} Streets, and Bridges adopted by the State and incorporated herein by
reference, or special specifications approved by the State.
Artielle 8. Increased Co·sts. Increased cost will be under the conditions as provided for in the
MAFA, without exception.
Article 9. Maintenance. Project Maintenance will be under the conditions as provided for in the
Article 10. Terminati'ol'1. Termination of this LPAFA shall be under the conditions as stated in the
Articte 11 Notices. Notices of this lPAFA snail be under the conditions as stated in the MAFA,
without exception. tocal Government: City of Irving
Attention: City Manager
825 West Irving Bouleva,~d
AFA - LPAFAVolProj Page 2 of 8 8/17/04Pg. 131
RevisedPacket
·. CSJ: 23~ 17-053
12.c
Project #: C 2374-7-53
Article 12. Sole Agreement. Sale Agreement of this LPAFA shall be under the conditions as stated
in the MAFA, without exception.
Article 13. Successors and Assigns. The State and the Local Government each binds itself, its
successors, executors, assigns, and administrators to the other party to this agreement and to the
successors, executors, assigns, and administrators of such other party in respect to all covenants of
this agreement.
Article 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA,
without exception.
Article 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution
of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the
terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA.
Article 16. State Auditor. The state auditor may conduct an audit or investigation of any entity
receiving funds from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
A rti c Ie 17. Insura nce. If th;s agreeme nt authorizes th e LocaI Govern ment or its co ntra etar to
perform any work on State right of way, before beginning work the entity performing the work shall
provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying
the existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all work
on the State right of way is complete. If coverage is not maintained, all work on State right of way
shall cease immediately, and the State may recover damages and all costs of completing the work.
Article 18. Signatory Warranty. The signatories to this agreement warrant that each has the
authority to enter into this agreement on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore...?pproved and authorized by the Texas Transportation Commission.
By: u/.)LclM
William L. Hale, P.E.
District Engineer, Dallas District
Approved -J - (p . () c)
Date: ,1/ZCJ(1»
Resolution # I- ft· 05· O/U
THE LOCAL GO~ERNMENT- CITY OF IRVING
BY~GtI~
J Putnam
Mayor /'
Date: 1- It . Q 5
AFA - LPAFAVoJProj Page 3 of 8 Revised Packet
8/17/04Pg. 132
12.c
CSJ: 23", )7-053
Project #: C 2374-7-53
ATIACHMENTA
RESOLUTION OF LOCAL GOVERNMENT

APPROVING THIS LPAFA
AFA -lPAFAVoIProj Page 4 of 8 RevisedPacket

8/17/04
Pg. 133
12.c
CITY OF IRVING
ATTACHMENT A
COUNCIL RESOLUTION NO. 1·6~05- 014
SECTION 1. THAT the City Council hereby approves the attached Advance Funding Agreement
For Standard Highway Improvement Projects (On-System) between the City of
Irving and the State of Texas, acting through the Texas Department of
Transportation, whereby City agrees to fund certain improvements in connection
with the construction of a new frontage road along westbound Interstate Highway
635 from 0.095 miles west of Belt Line Road to 0.075 miles west of Olympus
Boulevard at a cost of $3,273,170.42 for construction and inspections and
$14,677.89 for plan reviews, and the Mayor is authorized to execute said agreement.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it
THIS IS TO CERTIFY THAT FUNDS ARE VAILABLE FOR THIS EXPENDITURE.
David Leining r l
Chief Financial 0 1 er ~
ic _Carroll, TRMC
ty Secretary
APPROVED AS TO FORM: REVIEWED BY:
&~£
?/ltdM>4? ~
~avid Caylor . Jame~<
o City Attorney Public Works and Transportation Director
Packet Pg. 134
CSJ: 237 7-053 12.c
Project #: l- 2374-7-53
ATTACHMENT 8
LOCATION MAP
COLLIN CO.
~~
Ot-l--~)...---
u
I- l
~I
a:
0:
~ t---~-~O
I u
• 'z
r
~IUL
I~
I;:L
f
DALLAS COUNTY
II, I,
(NOT TO SCALE)
I I.
__--.L_ _ '_.-1
ELL IS co. @
AFA - LPAFAVoJProj Page ,5 of 8 8/17/04Pg. 135

Revised Packet
12.c
CSJ: 23i J7 -053
Project #: C 2374-7-53
Attachment C
Payment Provisions and
Work Responsibilities
1. iDescription o,f the Cost of the Items of Work
The Local Government's total estimated for this portion of work is $3,287,848.31, which
includes state review of preliminary engineering, contingencies and construction engineering.
Below are the items, estimated quantities and the estimated costs involved with this
agreement:
IH 635 we SERVICE IROADAT BELT LINE ROAD - tp.RElIM\NARYCONSTRlUCTIION COST EST,IMATE
Item
No. No. Code I Description Unit QTY. Unit Cost Total Cost
100 502 Prep ROW STA 43.57 $1,400.00 $60,998.00
104 501 Remove Concrete Pav SY 4,962.00 $4.00 $19,848.00
104 503 Remove Concrete Rip Rap SY 75.00 $3.25 $243.75
104 513 Remove Concrete (Curb & Gutter) LF 1,119.00 $2.25 $2,517.75
110 501 Excavation (Rdwy) CY 12,983.00 $4.00 $51,932.00
132 506 Embank (Dens CO(lI)(TYB)(C13) CY 20,549.00 $2.50 $51,372.50
160 506 Furn and Plac Topsoil SY 17,400.00 $0.60 $10,440.00

164 511 Cell Fib Mulch Seed SY 10,600.00 $0.20 $2,120.00
164 513 Celf Fib Mulch Seed (Cool Season)(Temp) SY 5,300.00 $1.00 $5.300.00
164 514 Cell Fib Mulch Seed (Wrm Season)(Temp) SY 5,300.00 $1.00 $5.300.00
204 503 SprinklinQ (Dust Con1rol) MG 800.00 $14.00 $11,200.00
247 514 Fl as (Compl in Plaee)( TY A Gr4 C14) CY 0.00 $58.00 $0.00
260 525 lime Treat Subgrade (OC)(24") SY 31,800.00 $6.00 $190,800.00

260 517 Lime (TY A Slry}(TY, S, TYC Slrv) Ton 2,120.00 $100.00 $212,000.00
266 Flv Ash Ton 3,445.00 $60.00 $206,700.00
305 543 SALV, HL & STKPL RCL Asph Pav (0 to 8") SY 3,354.00 $2.25 $7.546.50
310 501 Asphalt Matrl (MC-30) Gal. 9,540.00 $1.10 $10,494.00
340 541 Asphalt Concrete (TY B) (Base) Ton 8,875.00 $39.00 $346,125.00
340 561 Asphalt Concrete (TY OHSurf)(Pa 70-22) Ton 400.00 $51.00 $20,400.00
360 509 Mono Curb 6" (TY If) LF 9,600.00 $1.05 $10,080.00
360 504 Concrete Pav (Cont Reinf HY STL) SY 25,185.00 $34.00 $856,290.00
400 501 STR Excav CY 50.00 $6.00 $300.00
402 501 Trench Excav Protection LF 100.00 $2.00 $200.00
430 xxx CI C Cone for Ext Str (Culv)(S'x4') LF 162.00 $220.00 535,640.00
430 1540 CI C Cone for Ext Str (Culv)(6'x4') LF 158.00 $240.00 $37,920.00
432 501 Rip Rap (Concrete)(CI B) CY 450.00 $200.00 $90,000.00
484 503 RC Pipe (Cl 11))(18") LF 1,400.00 $38.00 $53,200.00
464 505 RC Pipe (CI JII)(24") LF 1,400.00 $45.00 I $63,000.00
484 507 RC Pipe (CI 111)(30") LF 400.00 $55.00 $22,000.00

464 512 RC Pipe (CI 111)(54'') LF 200.00 $225.00 $45,000.00
465 3837 Inlet(Comp}(TY C) Ea. 11.00 $2,450.00 $26,950.00
465 937 Inlet(Combl)(Orop)(TY C)(2 Grate) Ea 3.00 $2,600.00 $7.800.00
466 999 Headwall (PW)(HW=Sft) Ea. 2.00 $8,600.00 $17,200.00
496 S04 Remove Old STR (Pipe) Ea. 2.00 $500.00 $1,000.00
AFA - LPAFAVolProj Page 6 of 8 Revi sed Packet
8/17/04Pg. 136
12.c
CSJ: 23-, )7-053
. t # C 2374 -7 -53
P roJec
Item
No. No. Code Item Unit OTY. Unit Cost Total Cost
496 517 Remove Old STR (Small)(lnlet) Ea. 2.00 $500.00 $1.000.00
496 529 Remove Old Structure (SED Ea. 1.00 $250.00 $250.00
496 537 Remove Old STR (Small)(Headwalll Ea. 3.00 $750.00 $2,250,00
500 501 Mobilization LS 1.00 $218,000.00 $218,000.00
502 501 Barricades, Si!::Jns & Traf Handle Mo. 14.00 $3,500.00 $49,000.00
512 502 Port Cone Traf Bar (Stkpl, Instl, Retrn) LF 6,800.00 $8.50 $57,800,00
538 506 ROW Markers (Install)(TY II) Ea. 12.00 $75.00 $900.00
556 521 Pioe Unddr ITY 5,6,7 or 8)(4") LF 6,300.00 $4.50 $28,350.00
580 502 Proiect Maitenance (Mowina) CYC 3.00 $600.00 $1,800.00
580 504 Project Maitenance (Litter Pick Up) CYC 3.00 $400.00 $1,200.00
580 506 Project Maintenance (SweepinQ) CYC 3.00 $500.00 $1,500.00
644 501 Small Rdsd Sqn Assm (TV A) Ea. 14.00 $400.00 $5,600.00
644 505 Sm Rdsd SQn Assm Ea. 2.00 $480.00 $960.00

649 502 Remov Small Rdsd Siqn Assem Ea. 6.00 $50.00 $300.00
662 501 Wrk Zn Pav Mrk Rmv (W)(4")(Sld) LF 10,400,00 $0.70 $7,280.00
662 502 Wrk Zn Pav Mrk Rmv (W)(4")(Brkl LF 4,400.00 $0.74 $3,256.00
662 523 Wrk Zn Pav Mrk Rmv(Y)(4"HSld) LF 10,600.00 $0.70 $7,420.00
666 501 Ref] Pav Mrk TY I (W)(4")(SLD) LF 7,300.00 $0.22 $1,606.00

666 502 Ref) Pav Mrk TY I (W)(4")(BRK) LF 2,600.00 $0.30 $780.00
666 506 Ref) Pav Mrk TY I (W)(8")(SLD) LF 1,200.00 $0.62 $744.00
666 509 Ref! Pav Mrk TY I (W)(12"HSLDl LF 50.00 $2.40 $120.00
666 524 Ref) Pav Mrk TY I (Y)(4"HSLD) IF 6,000.00 $0.25 $1,500.00
666 535 Reft Pav Mrk TY II (W)(4")(SLD) LF 7300.00 $0.16 $1,168.00
666 536 Ref) Pav Mrk TY II (W)(4")(BRK) LF 2,600.00 $0.16 $416.00

666 539 Ref) Pav Mrk TY II (W)(8")(SLD) LF 1,200.00 $0.27 $324.00
666 541 Refl Pav Mrk TY II (W)(12")(SLD) LF 50.00 $0.80 $40.00
666 556 Refl Pav Mrk TY II (Y)(4")(SLD) LF 6,000.00 $0.17 $1,020.00
672 510 Rais Pav Mrkr CI B (REFLl Til CR Ea. 100.00 $3.75 $375.00 '
677 501 Elim Ext Pav Mar & Mrkr (4") LF 12,495.00 $0.37 $4,623.15
678 501 Pav Surf Preo for Mrks (4") LF 15,900.00 $0.10 $1,590.00
678 503 Pav Surf Prep for Mrks (8") LF 1,200.00 $0.20 $240.00
678 504 Pav Surf Prep for Mrks (12") LF 50.00 $0.60 $30.00
1059 503 Filter Berm Compost LF 240.00 $10.00 $2,400.00
1059 504 Filter Berm Compost (Remove) LF 240.00 $2.00 $480.00
5010 501 Construct Exit (TY 1) SY 156.00 $9.00 $1,404.00
5010 502 Construct Exit (Remove & ReDlace)(TY 1) SY 78.00 $13.00 $1,014.00
5010 503 Construct Exit (Remove) (TY I) SY 156.00 $2.70 $421.20
5249 501 Temo Sedmt Cont Fence LF 4000.00 $1.50 $6,000.00
5249 502 Temp Sedmt Cont Fence (Remove & Replace) LF 2,000.00 $1.70 $3,400.00
5249 503 Temp Sedmt Cont Fence (Remove) LF 4,000.00 $0.50 $2,000.00
6670 502 Port ChanQe Mes SiQn (Type II) Day 180.00 $195.00 $35,100.00
Total Estimated Construction Cost $2,935,578.85
State Review of preliminary engineering@ 0.5% of Total Estimated Construction :[,14,677.89

Total Estimated Construction Engineering and Contingencies @ 11. 50% of To/al Estimated Cons/ruction :[, 337,591.57
Total Estimated Local Government Project Cost $3,287,848.31
,FA - LPAFAVolProj Page 7 of 8 RevisedPacket

8/17/04Pg. 137
12.c
CSJ: 237 7-053
Project #: C 2374-7-53
.. '
All necessary right-at-way purchase and utility adjustments shall be the responsibility of the Local
Government. The Local Government will provide to the State all right-of-way necessary for the Project.
The Local Government's acquisition of right of way and utility adjustments shall be in accordance with
applicable Federal and State laws governing the acquisition policies for acquiring real property. The
State will not reimburse the Local Government for the purchase of right of way and utility adjustments.
The Local Government will be responsible for the performance of the Project engineering services. The
engineering plans shall be developed in accordance with the applicable State's Standard Specifications
for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and
special provisions related thereto. The State will review the Local Government's preparation 'of plans,
specifications and estimate (PS&E) for compliance.
Construction responsibilities will be carried out by the State.
The Local Government will be responsible for all expenses incurred tor the Project. In the event the
State determines that additional funding is required by the Local Government at any time during the
Project, the State will notify the Local Government in writing. The Local Government will make
payment to the State within thirty (30) days from receipt of the State's written notification.
2. Schedule of Payment
Upon execution of this LPAFA, but prior to the performance of any work by the State, the local
Government will remit a check or warrant made payable to the "Texas Department of Transportation"
in the amount of $14,677.89 for the State's review of the Local Government preliminary engineering.
Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall
remit its remaining $3,273,170.42 for the State's estimated construction oversight and constructfon
costs.
3. Actual Cost Agreement
Upon completion and acceptance of the services established herein, the State will prepare a
final audit of all costs incurred for the Project. Upon completion of the audit, any remaining
funds due the Local Government will be promptly returned.
AFA - LPAFAVolProj Page 8 of 8 RevisedPacket

8/17/04Pg. 138
13
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3831

Recommending Department: Intergovernmental Services LSR No:
Resolution -- Approving an Amendment to an Agreement with Fleet Star of

Texas, L.C. for Upgrade and Operation of Compressed Natural Gas Fueling
Station at Municipal Service Center at 132 North Briery Road, Irving, Texas
1. This item supports Strategic Goal No. 10: Environmental Sustainability
2. Impact: This agreement allows for the conversion of the existing pumps to fast
fueling compressed natural gas pumps at no cost to the city.
3. It will allow the equipment to fill at a higher speed and be more effective to our
operation.
Recommendation
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: Yes Council Action: Yes
.
ATTACHMENTS:
Irving CNG Station - First Contract Amendment- CLEAN REVISED (DOCX)

n/a
Prepared: 2/21/2011 09:26 AM by Priscilla Gonzalez
Packet Pg. 139

13
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached amendment to the agreement
between the City of Irving and Fleet Star of Texas, L.C., for the upgrade and
operation of the compressed natural gas fueling station, and the Mayor is authorized
to execute said agreement.
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 140

13.a
Attachment: Irving CNG Station - First Contract Amendment- CLEAN REVISED (3831 : 30 Approving Upgrade to CNG Fueling Station)
AMENDMENT
To
Compressed Natural Gas Fueling Facility Agreement
For
Upgrade and Operation
Of
CNG Fueling Station, Municipal Service Center – 132 North Briery Road, Irving, Texas
______________________________________
The City of Irving, a Texas Municipal Corporation, (hereinafter referred to as “CITY”) presently
contracts with FLEET STAR (as defined below) pursuant to a Compressed Natural Gas Fueling Facility
Agreement (hereinafter referred to as the “AGREEMENT”) approved by the City Council on November
17, 1994 through Resolution No. 11-17-94-557. This amendment of the AGREEMENT is entered into
by and between the CITY, acting by and through its designated representative, and FLEET STAR,
acting by and through its designated representative. The undersigned hereby amends said
AGREEMENT as herein set forth:
A. “FLEET STAR” for the purposes of the AGREEMENT and this amendment shall be “Transtar
Energy Company LP” a subsidiary of Clean Energy Fuels Corp.
B. CITY and FLEET STAR hereby acknowledge and ratify the month-to-month extension of the
Agreement under its current terms, following the expiration of the initial ten-year Term of the
Agreement.
C. Upon the execution of this amendment by the CITY and FLEET STAR, the parties mutually
agree to extend the terms of the AGREEMENT for ten (10) years, commencing on the execution
date of this amendment; provided, however, CITY and FLEET STAR may negotiate on mutually
agreeable terms an extension of the Agreement beyond the extension period.
D. All Compressed Natural Gas (CNG) Fueling Facility equipment upgrades and improvements
shall be owned by FLEET STAR.
E. The amendments to the Agreement shall not prejudice any present or future rights, remedies,
benefits, or powers belonging or accruing to CITY under the terms of the Agreement herein
amended.
F. Except as provided otherwise herein, the Agreement shall remain unaffected, unchanged, and
unimpaired by reason of the foregoing amendments.
Amendment AGREED TO this the ______ day of _________________, 2011.
Packet Pg. 141

13.a
CITY OF IRVING, A TEXAS

MUNICIPAL CORPORATION:
Attachment: Irving CNG Station - First Contract Amendment- CLEAN REVISED (3831 : 30 Approving Upgrade to CNG Fueling Station)
By: ______________________________
ATTEST:
_______________________________
Shanae Jennings, Acting City Secretary
_______________________________
Charles R. Anderson, City Attorney
CONTRACTOR
TRANSTAR ENERGY COMPANY LP

a Texas limited partnership
By: Blue Energy Limited, LLC

a Delaware limited liability company
its General Partner
By: Clean Energy & Technologies, LLC

a Delaware limited liability company
its Sole Member
By: CLEAN ENERGY FUELS CORP.

a Delaware corporation
its Sole Member
By: __________________________
Peter Grace
Senior Vice President,
_______________________________
Packet Pg. 142

14
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3843

Recommending Department: Intergovernmental Services - LSR No: N/A
Purchasing
Resolution -- Renewing Annual Contract with Greenstar North America for

Curbside Recycling Program
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. This item has been recommended by Public Works - Solid Waste Services.
3. Impact: This service helps to save landfill space and increase the refuse diversion
rate through the curbside collection of recycling items.
4. This renewal establishes the continuation of an annual contract for processing
services for recyclables in the city’s curbside collection program. The original
contract was awarded on the basis of competitive bids.
5. The terms of the program allow revenue to be generated for the city. Due to the
recovery of the recycling commodity markets, it is anticipated that revenue from the
processing of recyclables will now be generated. This revenue helps to offset the
expense of the curbside recycling program.
6. Funds in the net projected revenue amount of $72,000.00 for this two-year contract
will be deposited in the Solid Waste Enterprise Fund.
Vendor FY2011-12 FY2012-13 Total

FY2010-11 Est. Rev. Est. Rev. Est. Rev.
Est. Rev. (Oct – Sept.) (Oct – Mar)
(Apr. – Sept) (Future FY-not yet (Future FY-not yet
(current FY) approved) approved
Greenstar North $18,000.00 $36,000.00 $18,000.00 $72,000.00

America
Recommendation
Contract Required: N/A Review Completed By: N/A
Previous Action: RES-2009-136 Council Action: Approved award
.
Comments: Service provided by the vendor is satisfactory and meets specification. This is
the first of two renewal options for #088M-11F.
Packet Pg. 143

14

5060-0606-483009-4006 Budget: $18,000.00 Actual: $18,000.00
Purchase orders will be issued as needed for annual contract.
Prepared: 3/7/2011 04:16 PM by Mary Galloway
Last Updated: 3/16/2011 09:55 AM by Marsha Hughes
Packet Pg. 144

14
CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Greenstar North
America in the projected amount of $18,000.00 for the period of April 1, 2011,
through September 30, 2011; and in the projected amount of $36,000.00 for the period
of October 1, 2011, through September 30, 2012; and in the projected amount of
$18,000.00 for the period of October 1, 2012, through March 31, 2013; subject to
funds being appropriated in Fiscal Years 2011-12 and 2012-13, for Curbside
Recycling Program, and awards the renewal contract to said company in said amount,
and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 145

15
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3845

Purchasing
Resolution -- Renewing Annual Contract with Martin Eagle Oil Company,

Inc., through a Mutual Cooperative Purchasing Agreement with Tarrant
County for Fuels: Unleaded, Diesel, and Biodiesel
3. Impact: This mutual agreement with Tarrant County using Martin Eagle Oil as the
fuel vendor will enable the city to quantify and consistently reduce the distribution
expenses and environmental risks, while substantially improving the inventory
management system.
4. This renewal establishes the continuation an annual contract providing fuel for the
city. The original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated annual amount of $3,444,917.36 for this one year
contract is available in the Garage Fund.
FY2010-11 FY2011-12 Total
Vendor Est. Exp. Est. Exp. Est. Exp.
(Apr – Sept) (Oct – Mar)
Martin Eagle Oil $1,818,958.60 $1,625,958.76 $3,444,917.36

Company
Recommendation
.
Comments: The City of Irving entered into a mutual cooperative purchasing agreement with
Tarrant County on September 14, 2000. This annual contract meets competitive bid
requirements with the state of Texas Statutes, rules, policies and procedures. This award is
in the total net estimated amount of $3,444,917.36. This is the first of five one-year renewal
options and service provided by the vendor has been satisfactory throughout the terms of the
contract. Purchasing assigned #090M-11F to this item for tracking purposes.
Packet Pg. 146

15

6603-4072-53301-1040 Budget: $1,818,958.60 Est. Award: $1,818,958.60
Prepared: 3/8/2011 08:44 AM by Mary Galloway
Last Updated: 3/16/2011 04:03 PM by Priscilla Gonzalez
Packet Pg. 147

15
CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Martin Eagle Oil
Company, through a Mutual Cooperative Purchasing Agreement with Tarrant County,
in the net estimated amount of $1,818,958.60 for the period of April 1, 2011, through
September 30, 2011, in the net estimated amount of $1,625,958.76 for the period of
October 1, 2012, through March 31, 2012, subject to funds being appropriated in
Fiscal Years 2011-12, for Fuels: Unleaded, Diesel, and Biodiesel, and awards the
renewal contract to said company in said amount, and authorizes the Mayor to execute
any necessary contract.
__________________________________
Max S. Duplant, CPA
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 148

16
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3842

Recommending Department: Intergovernmental Services LSR No: N/A
Resolution -- Renewing the Annual Contract with Irvtex Automotive Sales

dba Westway Ford for Repair Services and Body Work for Ford Vehicles
2. This item has been recommended by Public Works - Fleet.
3. Impact: This contract will ensure that the city’s fleet of Ford vehicles will continue
to be repaired efficiently with minimal downtime.
4. This renewal establishes the continuation of an annual contract to provide service
repairs and body work for Ford vehicles. The original contract was awarded on the
basis of competitive bids.
5. The estimated expenditure will be $190,000.00 for this two-year contract, and
funding is available in the Garage Fund.
FY2011-12 FY2012-13
Est. Exp. (Future FY- Est. Exp. (Future FY-
FY2010-11 budget not yet budget not yet Total
Vendor Est. Exp. approved) approved) Est. Exp. For
(Apr-Sep) (Oct-Sep) (Oct-Jan) Two Years
Irvtex Automotive Sales
dba Westway Ford $50,000.00 $100,000.00 $40,000.00 $190,000.00
Recommendation
Previous Action: RES 2010-23 Council Action: Approved award
Comments: Service provided by the vendor satisfactorily meets the contract specifications;
pricing remains the same. This is the first of two, two-year renewal options for #086M-11F in
the total net estimated amount of $190,000.00 for two years.
Packet Pg. 149

16

6603-4022-53201-1040 Budget: $50,000.00 Est. Award: $50,000.00
Prepared: 3/7/2011 03:27 PM by Marsha Hughes
Packet Pg. 150

16
CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Irvtex Automotive
Sales dba Westway Ford in the net estimated amount of $50,000.00 for the period of
April 1, 2011, through September 30, 2011; in the net estimated amount of
$100,000.00 for the period of October 1, 2011, through September 30, 2012; and in
the net estimated amount of $40,000.00 for the period of October 1, 2012, through
January 31, 2013, subject to funds being appropriated in Fiscal Years 2011-12 and
2012-13, for Repair Services and Body Work for Ford Vehicles, and awards the
renewal contract to said company in said amount, and authorizes the Mayor to execute
any necessary contract.
__________________________________
Max S. Duplant, CPA
Packet Pg. 151

16
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 152

17
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3850

Purchasing
Resolution -- Renewing the Annual Contract with Master Cleaning Supply,

Inc., for Janitorial Supplies
1. This item supports Strategic Goal No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
3. Impact: City facilities are kept clean and sanitary for employees and visitors
promoting a positive work environment.
4. This renewal establishes the continuation of an annual contract to provide janitorial
supplies – paper products. The original contract was awarded on the basis of
competitive bids.
contract is available in the Inventory Fund.
FY2010-11 FY2011-12
Est. Exp. Est. Exp.
(Current FY) (Future FY-not yet approved) Total
Master Cleaning
Supply, Inc. $32,000.00 $33,000.00 $65,000.00
Recommendation
Comments: Services and products provided by the vendor satisfactorily meet
specifications; pricing remains the same. This is the first of two renewal options
for #091M-11F in the total net estimated amount of $65,000.00 for one year.
Conventional janitorial supplies are not being renewed at this time and will be
rebid.
Packet Pg. 153

17

5413-1701 Inventory Budget: $32,000.00 Est. Award: $32,000.00
Prepared: 3/8/2011 12:24 PM by Marsha Hughes
Packet Pg. 154

17
CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Master Cleaning
Supply, Inc., in the net estimated amount of $32,000.00 for the period of April 1,
2011, through September 30, 2011, and in the net estimated amount of $33,000.00 for
the period of October 1, 2011, through March 31, 2012, subject to funds being
appropriated in Fiscal Year 2011-12, for Janitorial Supplies, and awards the renewal
contract to said company in said amount, and authorizes the Mayor to execute any
necessary contract.
SECTION II. THAT this expenditure shall be charged to Account No. 5413-1701 (Inventory).
__________________________________
Max S. Duplant, CPA
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 155

18
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3849

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

Construction for an Annual Contract to Provide Masonry and Stone Work
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. This item has been recommended by Capital Improvements Programs.
3. Impact: Masonry and stone work repairs help to improve the visual impression of
the city and the benefits of providing this work through an annual contract are both
time and cost effective.
4. This award establishes an annual contract for the provision of masonry and stone
work.
FY2011-12
Est. Exp.
Austin Masonry $72,997.17 $52,140.83 $125,138.00

Construction
Recommendation
Comments: Purchasing sent solicitation notices to 242 vendors, with 202 of those being
M/WBE, for #066M-11F and received two responses. The lowest, responsive responsible
bidder meets specifications and is recommended for award. This award is in the total net
estimated amount of $125,138.00 for one year with two, two-year renewal options.
ATTACHMENTS:
Response Summary (PDF)
Packet Pg. 156

18

Various Accounts Budget: $72,997.17 Est. Award: $52,140.83
Prepared: 3/8/2011 09:27 AM by Marsha Hughes
Packet Pg. 157

18
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Austin Masonry
Construction in the net estimated amount of $72,997.17 for the period of April 1,
appropriated in Fiscal Year 2011-12, for Masonry and Stone Work, and awards the
necessary contract.
SECTION II. THAT this expenditure shall be charged to Various Accounts.
__________________________________
Max S. Duplant, CPA
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 158

City of Irving, Texas ‐ Response Summary
ITB Number: 066M‐11F Masonry and Stone Work
Marsha Hughes, Purchasing Agent, (972) 721‐3754
Closing Date: February 8, 2011
* Recommended for Award
Gray Mortar Items 1 ‐ 2A
Vendor *Austin Masonry Construction Ratliff Hardscape, Ltd.
Unit Price Unit Price
Materials Total Extended Materials
Est Ann (using Type 'S' Unit Price Total Unit Price (gray (using Type 'S' Unit Price Total Unit Total Extended Price
Item # Description Qty Unit gray mortar) Labor Price mortar) gray mortar) Labor Price (gray mortar)
8x8x16 Gray CMU block, running bond with
SQ
1 galv. ladder wire reinforcement and 3/8" 200 $8.61 $6.24 $14.85 $2,970.00 $20.00 $20.00 $40.00 $8,000.00
FACE FT
mortar joint (less than 300.0 Sq.Face Ft.)
SQ
1A galv. ladder wire reinforcement and 3/8" 400 $8.61 $6.24 $14.85 $5,940.00 $19.00 $19.00 $38.00 $15,200.00
FACE FT
mortar joint (300.1 to 600.0 Sq. Face Ft.)
galv. ladder wire reinforcement, concrete SQ
2 200 $10.27 $7.45 $17.72 $3,544.00 $24.00 $24.00 $48.00 $9,600.00
filled voids with #3 rebar and 3/8" mortar FACE FT
joint (less than 300.0 Sq. Face Ft.)
galv. ladder wire reinforcement, concrete SQ
2A 400 $10.27 $7.45 $17.72 $7,088.00 $22.50 $22.50 $45.00 $18,000.00
filled voids with #3 rebar and 3/8" mortar FACE FT
joint (300.1 to 600.0 Sq. Face Ft.)
Gray Mortar Items 1 ‐ 2A Total $19,542.00 $50,800.00
Gray or Colored Mortar Items 3 ‐ 11A
Vendor Austin Masonry Construction Ratliff Hardscape, Ltd.
8x8x16 architectural CMU block (split face,
burnished, etc.), running bond with galv. SQ
3 200 $16.27 $11.78 $28.05 $5,610.00 $27.50 $27.50 $55.00 $11,000.00
ladder wire reinforcement and 3/8" mortar FACE FT
joint (less than 300.0 Sq. Face Ft.)
Packet Pg. 159
18.a
1 of 3
Attachment: Response Summary (3849 : 30P19 Awd Austin Masonry for Masonry & Stone Work)
burnished, etc.), running bond with galv. SQ
3A 400 $16.27 $11.78 $28.05 $11,220.00 $25.00 $25.00 $50.00 $20,000.00
ladder wire reinforcement and 3/8" mortar FACE FT
joint (300.1 to 600.0 Sq. Face Ft.)
burnished, etc.), running bond with galv.
SQ
4 ladder wire reinforcement, concrete filled 200 $17.43 $12.62 $30.05 $6,010.00 $29.00 $29.00 $58.00 $11,600.00
FACE FT
voids with #3 rebar and 3/8" mortar joint
(less than 300.0 Sq. Face Ft.)

burnished, etc.), running bond with galv.
SQ
4A ladder wire reinforcement, concrete filled 400 $17.43 $12.62 $30.05 $12,020.00 $28.50 $28.50 $57.00 $22,800.00
FACE FT
voids with #3 rebar and 3/8" mortar joint
(300.1 to 600.0 Sq. Face Ft.)
Standard king size brick in a running bond
SQ
5 pattern with 3/8" mortar joint (less than 200 $5.74 $4.16 $9.90 $1,980.00 $19.00 $19.00 $38.00 $7,600.00
FACE FT
300.0 Sq. Face Ft.)
Standard king/size brick in a running bond SQ
5A 400 $5.74 $4.16 $9.90 $3,960.00 $17.50 $17.50 $35.00 $14,000.00
pattern with 3/8" mortar joint (300.1 ‐ 600.0 FACE FT
Milsap sandstone masonry facade in a square
SQ
6 random ashlar pattern and 3/8" mortar joints 200 $10.58 $7.25 $17.83 $3,566.00 $24.00 $24.00 $48.00 $9,600.00
FACE FT
(less than 300.0)
Milsap sandstone masonry facade in a square
SQ
6A random ashlar pattern and 3/8" mortar joints 400 $10.58 $7.25 $17.83 $7,132.00 $22.50 $22.50 $45.00 $18,000.00
FACE FT
(300.1 to 600.0)
Drystack sandstone masonry in a running
SQ
7 pattern with 3/8" mortar joints (less than 200 $11.31 $8.19 $19.50 $3,900.00 $27.50 $27.50 $55.00 $11,000.00
FACE FT
300.0)
Drystack sandstone masonry in a running
SQ
7A pattern with 3/8" mortar joints (300.1 to 400 $11.31 $8.19 $19.50 $7,800.00 $25.00 $25.00 $50.00 $20,000.00
FACE FT
600.0)
Packet Pg. 160
18.a
2 of 3
Leuders limestone masonry façade in a

SQ
8 square random ashlar pattern with 3/8" 200 $10.58 $7.25 $17.83 $3,566.00 $40.00 $40.00 $80.00 $16,000.00
FACE FT
mortar joints (less than 300.0)
Leuders limestone masonry façade in a

SQ
8A square random ashlar pattern with 3/8" 400 $10.58 $7.25 $17.83 $7,132.00 $37.50 $37.50 $75.00 $30,000.00
FACE FT
mortar joints (300.1 to 600.0)
2"‐3" thick Oklahoma flagstone wall cap at
9 100 LN FT $22.04 $15.96 $38.00 $3,800.00 $50.00 $50.00 $100.00 $10,000.00
20" width with 3/8" mortar joints
2"‐3" thick Oklahoma flagstone paving set on
3/4" mortar bed with 1/2" mortar joints all
10 200 SQ FT $16.53 $11.97 $28.50 $5,700.00 $45.00 $45.00 $90.00 $18,000.00
set on top of 4" thick 3,000 PSI concrete with
#3 rebar at 24" o.c. (less than 300.0 Sq. Ft.)
Manufactured stone veneer (less than 300.0 SQ

11 200 $5.86 $7.14 $13.00 $2,600.00 $50.00 $50.00 $100.00 $20,000.00
Sq. Face Ft.) FACE FT
SQ
11A Manufactured stone veneer (300.1 to 600.0) 400 $5.86 $7.14 $13.00 $5,200.00 $47.50 $47.50 $95.00 $38,000.00
FACE FT
Gray or Colored Mortar Items 3 ‐ 11A Total $91,196.00 $277,600.00
Additional Work (Material & Labor)
Total Total
12 Material Material Markup % Markup $ Material Material Markup % Markup $ Material
$10,000.00 6 $600.00 $10,600.00 $10,000.00 20 $2,000.00 $12,000.00
Total Est Total Est
13 Labor Est. Hours Hrly Rate Annual Labor Est. Hours Hrly Rate Annual Labor
100 $38.00 $3,800.00 100 $60.00 $6,000.00
Additional Work (Material & Labor) Total $14,400.00 $18,000.00
TOTAL BID $125,138.00 $346,400.00
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 responsible bidder who is deemed able to meet the requirements and qualifications of
Packet Pg. 161
the specifications.
18.a
3 of 3
19
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3841

Recommending Department: Fire LSR No: N/A
Resolution -- Renewing an Annual Contract with John J Duncan, Ph.D.,

Formerly ViaScan of Las Colinas, for Electron Beam Tomography (EBT)
Scanning
2. This item has been recommended by Fire.
3. Impact: This service helps to diagnose potential health problems that might not be
detected with standard screenings and ensure that firefighters are healthy.
4. This renewal establishes the continuation of an annual contract to provide electron
beam tomography scanning and blood work (total cholesterol) for Fire Department
employees.
5. Pricing remains the same as awarded in 2006.
contract renewal is available in the General Fund.
FY2010-11 FY2011-12 Total
Vendor Est. Exp. (Jan – Sept) Est. Exp. (Oct – Dec) Est. Exp.
John J. Duncan Ph.D.

Formerly ViaScan of $48,749.98 $16,250.02 $65,000.00
Las Colinas
Recommendation
Comments: Service provided satisfactorily meets contract specifications and pricing remains
the same. This award is in the total net estimated amount of $65,000.00. This contract will be
awarded with annual renewal options. The total body scan service is offered to city
employees and families at an individual cost of $495.00. Purchasing assigned #087M-11F to
this item for tracking purposes.
Packet Pg. 162

19

1001-0552-56405-300 Budget: $48,749.98 Est. Award: $48,749.98
Purchase orders will be issued as needed for annual contracts.
P0189202
Last Updated: 3/15/2011 04:49 PM by Marsha Hughes
Packet Pg. 163

19
CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with John J. Duncan.Ph.
D., formerly ViaScan of Las Colinas in the net estimated amount of $48,749.98 for
the period of January 1, 2011, through September 30, 2011, and in the net estimated
amount of $16,250.02 for the period of October 1, 2011, through December 31, 2011,
subject to funds being appropriated in Fiscal Year 2011-12, for Electron Beam
Tomography, and awards the renewal contract to said company in said amount, and
authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 164

20
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3854

Recommending Department: Police LSR No: N/A
Resolution -- Renewing an Annual Contract with Lone Star Auctioneers,

Inc., for Auctioneer Services
2. This item has been recommended by Police.
3. Impact: The city will continue to secure revenue through the disposal of unclaimed,
impounded vehicles through monthly auctions and the disposal of surplus city
vehicles and equipment. Auctioneer will be paid a fixed percentage of the revenues
generated by the various disposal auctions.
4. This renewal establishes the continuation of an annual contract to provide
auctioneer services for retired fleet and equipment, impounded vehicles and
miscellaneous warehouse items. The original contract was awarded on the basis of
competitive bids.
5. Minority- and/or Woman-owned Business Enterprises (M/WBE) participation on this
award is 100%.
6. Auctioneers Services for FY10-11 sales of impounded vehicles accounted for
$300,400.00 in revenue.
7. Funding in the net estimated annual amount of $20,750.97 for this one year
FY2011-12
Est. Exp.
Lone Star
Auctioneers, Inc. $9,253.93 $11,497.04 $20,750.97
Recommendation
Previous Action: RES-2010-85 Council Action: Renewal
Comments: Service provided satisfactorily meets contract specifications and pricing remains
the same. This award is in the total net estimated amount of $20,750.97 and this is second of
two renewal options. Purchasing has assigned #092M-11F for tracking purposes.
Packet Pg. 165

20
ATTACHMENTS:
Change Order (PDF)

1001-1001-567101-100 Budget: $9,253.93 Actual: $9,253.93
PO for this annual contract will be issued as need
Packet Pg. 166

20
CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Lone Star
Auctioneers, Inc., in the net estimated amount of $9,253.93 for the period of April 1,
appropriated in Fiscal Year 2011-12, for Auctioneer Services, and awards the renewal
necessary contract.
__________________________________
Max S. Duplant, CPA
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 167

20.a
Packet Pg. 168

Attachment: Change Order (3854 : 30P30 Auctioneer Services)
20.a
Packet Pg. 169

Attachment: Change Order (3854 : 30P30 Auctioneer Services)
a
Packet Pg. 170

Attachment: ZoningCases&CompanionItems (3856 : ZCaseAndCompItem)
21
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3848

Recommending Department: Planning & Inspections LSR No: N/A
Resolution -- Approving Final Plat - Enclave at TPC Las Colinas Phase 3

Revised - Approximately 0.4622 Acres Located at 4736 and 4740 Byron
Circle - Parikh Family Revocable Trust, Applicant/Owner
2. Planning and Zoning Commission Hearing Date and Recommendation: March 21,
2011 – Technical Denial
3. The property is platted as all of Lots 14 and 15, Block C, Enclave at TPC Las
Colinas, Phase 3. The property is being replatted into one lot for new residential
development.
4. The following exception to the Subdivision Ordinance requires this plat to be

forwarded to the City Council for approval: Section 35-16 requires all lots to front
onto a public street. Byron Circle is a private street.
5. This plat complies with all other requirements of the Subdivision Ordinance.
Recommendation
ATTACHMENTS:
A: City Council Memo (PDF)
C: Plat Map (PDF)

NONE
Prepared: 3/8/2011 09:19 AM by Sharon Brown
Packet Pg. 171

21
CITY OF IRVING

SECTION I. THAT the Replat – Enclave at TPC Las Colinas Phase 3 Revised - be and is hereby
approved with the following stipulation:
(1) That said Replat shall be filed of record with the Dallas County Clerk and
Recorder and evidence of said recorded plat shall be furnished to the
Director of Planning and Inspections, City of Irving.
SECTION II. THAT this resolution shall serve as a certificate under Section 212.0115, Texas Local
Government Code, that this plat has been reviewed and approved by the City Council,
the authority for approving this plat.
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 172

21.a
Packet Pg. 173

Attachment: A: City Council Memo (3848 : 11 - PL11-0008)
21.b
Packet Pg. 174

Attachment: C: Plat Map (3848 : 11 - PL11-0008)
22
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3855

Resolution -- Approving Special Sign Permit S1102-0027 To Allow a Digital

Off-Premise Advertising Sign - Property Located at 1608 N. Loop 12 - CBS
Outdoor, Applicant - Spoon Industries,Owner
2. Impact: Upgrading a standard billboard with an architecturally-enhanced digital face
will improve the appearance of N. Loop 12.
3. CBS Outdoor, Inc. owns the 50-ft tall billboard at 1608 N. Loop 12. Due to the Loop
12/SH 183 expansion, the original billboard at this site was relocated to the east.
State law and City ordinance allow signs to be relocated to a nearby location if
required by a roadway expansion.
4. The applicant is seeking approval to put a digital face on the billboard. The sign
face will be 13.6 feet tall and 47.3 feet wide.
7. Staff can support this request since the billboard will be enhanced with architectural
features that the City could not require as part of a standard billboard relocation
necessitated by right-of-way expansion.
Recommendation
ATTACHMENTS:
A: RES "Exhibit A" Legal Description and Site Plan (PDF)
B: RES "Exhibit B" Design Requirements (PDF)
C: Application for S1102-0027 (PDF)

NONE
Packet Pg. 175

22

Last Updated: 3/18/2011 08:21 AM by Steven Reed
Packet Pg. 176

22
CITY OF IRVING
WHEREAS, the owners of the premises located at 1608 North Loop 12 have applied for a
special sign permit for a digital billboard in accordance with Section 7-4.2 of Chapter 7 of the Irving
Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves a special sign permit as requested by CBS
Outdoor, Applicant for Spoon Industries, Inc., Owner, for one sign to be constructed
as shown on Exhibits A and B, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-4.2 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of this resolution.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 177

22.a
Packet Pg. 178

Attachment: A: RES "Exhibit A" Legal Description and Site Plan (3855 : 11 - S1102-0027)
22.a
Packet Pg. 179

22.a
Packet Pg. 180

22.b
Packet Pg. 181

Attachment: B: RES "Exhibit B" Design Requirements [Revision 1] (3855 : 11 - S1102-0027)
22.b
Packet Pg. 182

22.b
Packet Pg. 183

22.c
Packet Pg. 184

Attachment: C: Application for S1102-0027 (3855 : 11 - S1102-0027)
22.c
Packet Pg. 185

Attachment: C: Application for S1102-0027 (3855 : 11 - S1102-0027)
23
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3864

Resolution -- Approving Special Sign Permit S1102-0028 to Allow a Digital

Off-Premise Sign - Property Located at 3210 East John W. Carpenter
Freeway - CBS Outdoor, Inc., Applicant - Roger Stebbins, Owner
2. Impact: The removal of two old standard billboards and their replacement with one
upgraded, architecturally-enhanced billboard will improve the appearance of State
Highway 183.
3. CBS Outdoor, Inc. owns two existing billboards; one at 2100 N. Loop 12 (Southeast
corner of Loop 12 and State Highway 183) and another at 2801 Spur 482. The sign
on Loop 12 must be removed due to the State Highway 183 widening, while the
sign on Spur 482 must be removed due to the construction of the DART Orange
Line. State law and City ordinance allow these signs to be relocated to a nearby
location if required by a roadway expansion.
4. In lieu of constructing two new standard billboards as is allowed by City ordinance,
the applicant requests approval to install a single 70-ft tall sign with one digital face
at 3210 E. John W. Carpenter Freeway. The sign face will be 13.6 feet tall and 47.3
feet wide.
7. As part of the widening of SH 183, TxDOT intends to acquire (but has not yet
acquired) an approximately 90-ft deep strip of land along the frontage of the
property on which the sign is proposed to be constructed. The applicant has agreed
to recognize the future right-of-way line and will construct the new sign
approximately 120 feet from the current property line.
8. As a condition of approval, the applicant will be required to remove the existing
signs within 30 days of receiving the TxDOT permit and a construction permit from
the City of Irving. The City may withhold issuance of an electrical permit for the new
sign until the existing signs are removed.
9. Staff can support this request since the replacement sign will be enhanced with
architectural features that the City could not require as part of a standard billboard
relocation necessitated by right-of-way acquisition, and because the applicant will
be removing two existing signs.
Recommendation
Packet Pg. 186

23
ATTACHMENTS:
A: RES "Exhibit A" Legal Description and Site Plan (PDF)
B: RES "Exhibit B" Design Requirements (PDF)
C: Application (PDF)

NONE
Prepared: 3/16/2011 04:53 PM by Sharon Brown
Packet Pg. 187

23
CITY OF IRVING
WHEREAS, the owner of the premises located at 3210 East John W. Carpenter Freeway has
applied for a special sign permit for a digital billboard in accordance with Section 7-4.2 of Chapter 7 of
the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image, including removal of existing billboards at 2100 North Loop
12 and 2801 Spur 482; and
WHEREAS, the Director of the Planning and Inspections Department has determined that the
relocated billboard is located as near as practical to a previous billboard location;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves a special sign permit as requested by CBS
Outdoor, Inc., Applicant for Roger Stebbins, Owner, for the sign to be constructed as
shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-4.2 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT CBS Outdoor, Inc., shall remove its existing billboards located at 2100 North
Loop 12 and 2801 Spur 482 upon the issuance of a sign permit for a digital billboard,
and the Building Official may withhold the notice of approval to authorize an
electrical service release for the digital billboard until the existing billboards are
removed.
SECTION IV. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of this resolution.
SECTION V. THAT this resolution shall take effect from and after its final date of passage, and it
Packet Pg. 188

23
on March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 189

23.a
Packet Pg. 190

Attachment: A: RES "Exhibit A" Legal Description and Site Plan [Revision 1] (3864 : 11 - S1102-0028)
23.a
Packet Pg. 191

23.a
Packet Pg. 192

23.b
Packet Pg. 193

23.b
Packet Pg. 194

23.b
Packet Pg. 195

23.c
Packet Pg. 196

Attachment: C: Application (3864 : 11 - S1102-0028)
23.c
Packet Pg. 197

Attachment: C: Application (3864 : 11 - S1102-0028)
24
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3784

Ordinance -- Amending the Comprehensive Plan to Change the

Recommended Land Use from Retail to Light Commercial and Granting S-
P-2 (Generalized Site Plan) for Retail and Mini-Warehouse with Caretaker's
Quarters Uses in Zoning Case #ZC10-0050 - Approximately 7.2 Acres
Located on the Southwest Corner of State Highway 161 and Walnut Hill
Lane - Assured Group, Applicant - Don Valk, Owner (Postponed from
February 17, 2011)
2. Planning and Zoning Commission Hearing Date and Recommendation: January 3,
2011 – Favorable, 5-2 (Commissioners Fischer, Zapanta, nay; Commissioners
Allen, Palmer, absent), with the stipulation that all required trees on Walnut Hill be
included in Phase 1, and that no Certificate of Occupancy be granted for a Phase 1
mini-storage building until the Phase 1 retail is constructed.
3. The applicant is requesting a Comprehensive Plan Amendment and zoning change

to allow retail and mini-warehouse uses.
4. The Comprehensive Plan’s Future Land Use Map recommends Retail uses for this
property. This request is not in conformance with the Comprehensive Plan. The
applicant has provided a request to revise the land use to allow Commercial uses to
allow mini-warehouse uses. The applicant has not provided justification why mini-
warehouse uses are appropriate for this area; rather, the applicant simply states why
they believe retail has a limited viability at this location.
5. The subject tract is currently undeveloped. It is bounded on three sides by Walnut

Hill Lane, Northstar Drive, and State Highway 161. The property is adjacent to an
existing office development to the south. The property is within the Airport/State
Highway 161 Overlay District. The applicant is proposing a Generalized Site Plan for
C-N Neighborhood Commercial uses with the additional use of mini-warehouse with
a caretaker’s quarters. The applicant was asked to provide a concept plan with
landscaping and elevations.
6. The applicant is proposing 73,900 sq. ft. of mini-warehouse space in nine buildings,
with an office and caretaker’s quarters. An additional 24,200 sq. ft. of retail space is
proposed, fronting on Walnut Hill and SH 161 that will allow retail, restaurant, or
office uses. This retail area was provided at the recommendation of staff to create a
more mixed-use development. However, only 6000 sq. ft. of retail is shown in Phase
1, and there is no guarantee that Phase 2 will ever be built.
7. The applicant was asked to provide an example of a development of theirs that

included at least 15,000 square feet of retail as a component of the project, as this
Packet Pg. 198

24
request does. The applicant was unable to provide evidence of a similar retail and
mini-warehouse development among the 21 Dallas/Fort Worth area locations the
applicant operates. Staff believes that this amount of retail will be not be completed
by the applicant, and the project will remain simply a mini-warehouse development.
8. The applicant is providing 15 spaces for the mini-warehouse for Phase I or one
space per 4900 sq. ft. This has been an acceptable ratio of parking provided for self-
storage uses previously. The applicant is also providing 122 spaces for retail uses.
37 of those spaces are proposed in Phase 1; 85 of those spaces will not be included
until Phase 2 is developed.
9. The applicant must comply with the City’s landscaping ordinances for property
fronting on State Highway 161 and Walnut Hill. Phase 1 landscaping will consist of
all required landscaping along the SH 161 frontage and the corner of SH 161 and
Walnut Hill. The applicant is proposing planting the required trees in the interior
parkway on Walnut Hill for Phase 1. Required screening shrubs for parking on
Walnut Hill will be provided at the time of Phase 2 development.
10. The applicant also must comply with the Airport/State Highway 161 Overlay district
requirements for building materials. Elevations provided show architecture with two
masonry materials and building articulation that complies with the overlay district.
11. The applicant has been asked to provide a right turn lane from east-bound Walnut
Hill onto the 161 frontage road as part of the access to the site on the east side.
The property was platted in 2007 and a right turn lane was not required at that
time. The State of Texas may require a traffic impact analysis as part of this
development, due to the fact that the new proposed driveway operation on SH 161
will change by the additional traffic generated by this proposed development. It is
possible that the new traffic generated by this development will exceed the
driveway volume threshold that will require this developer to dedicate and
construct a right-turn lane. However, this is a TxDOT requirement, and staff has
provided this information to the applicant for his reference. The applicant is not
including a right turn lane as part of this proposal.
12. Staff cannot support mini-warehouse uses as a component of the development at

this location. Staff believes office and retail uses are more appropriate for this
major intersection, as indicated by the Comprehensive Plan. It is important to note
that the site plan is divided into two phases. Only one retail building is included in
Phase 1. The majority of the retail area is included in Phase 2, and with no time
table for the complete retail development, it is possible that Phase 2 may never be
built. Staff cannot support mini-warehouse uses at a major intersection and
gateway on SH 161, or as a compatible land use adjacent to office uses and any
future highway development.
13. The stipulation of the Planning and Zoning Commission has been met.
14. Notices were mailed to thirty-eight (38) property owners within 200 feet of the
subject property, with no letters received in support, one letter of inquiry and two
(2) notices received in opposition. The opposition represents 24.8% of the property
within 200 feet. A ¾ vote of the City Council is required to approve this request.
-2-
Packet Pg. 199
24
15. This item was postponed from February 17, 2011 per the applicant’s request.
Recommendation
The request be denied.
• Contract Required: N/A • Review Completed By: N/A
• Previous Action: N/A • Council Action: N/A
ATTACHMENTS:
• A: City Council Memo (PDF)
• B: Legal Description (PDF)
• C: January 3, 2011 Planning and Zoning Minutes (PDF)
• D: Vicinity Map (PDF)
• E: Surrounding Zoning Map (PDF)
• F: Property Owner Notification Map and List(PDF)
• G: Request to Amend Comprehensive Plan (PDF)
• H: Site Plan (PDF)
• I: Concept Plan and Landscape Plan (PDF)
• J: Elevation Drawing (PDF)
• K: NE & NW Perspective Views (PDF)
• L: Simulated Photo of Facility (PDF)
• M: Letter of Inquiry (PDF)
• N: Comment Form in Opposition (PDF)
• O: Opposition Map (PDF)
• P: Memo from Steven Reed and Letter of Opposition from Current Property Owner
(PDF)

NONE
-3-
Packet Pg. 200
24
ORDINANCE NO. ORD-2011-9242
ZONING CASE NO. ZC10-0050

ZONING CLASSIFICATION – S-P-2
AMENDING THE COMPREHENSIVE PLAN
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN CITY OF IRVING, TEXAS,

ADOPTED FEBRUARY 25, 1997, FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH,
SAFETY, MORALS AND GENERAL WELFARE; 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 NORTHSTAR PHASE II, 1ST REVISION, AND LOCATED AT THE
SOUTHWEST CORNER OF STATE HIGHWAY 161 AND WALNUT HILL LANE; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM S-P-2 SITE PLAN DISTRICT USE FOR C-C
USES UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE
FOR C-N AND MINI-WAREHOUSE WITH CARETAKER’S QUARTERS USES UNDER
ORDINANCE NO. 1144; 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 SUCH
COMPREHENSIVE PLAN, AS AMENDED, FOR THE PURPOSE OF PROMOTING THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE
DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES
OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A
PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
-1-
Packet Pg. 201
24
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council of the City of Irving, Texas, did consider the following factors in making a
determination as to whether this requested change should be granted or denied; effect on the congestion
of the streets; the fire hazards, panics, floods, and other dangers possibly present in the securing of
safety from same; the effect on the promotion of health and the general welfare; effect on adequate light
and air; the effect on the overcrowding of the land; the effect on the concentration on population; the
effect on the transportation, water, sewers, schools, drainage and surface water, parks and other public
facilities; and
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
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, has determined that there is a
necessity and need for this change in zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close proximity to the property requested
for a change since this property was originally classified and therefore feels that a change in zoning
classification for the particular piece of property is needed, is called for, and is in the best interest of the
public at large, the citizens of the City of Irving, and helps promote the general health, safety and
welfare of this community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That Ordinance No. 6989, adopting the Comprehensive Plan City of Irving,
Texas, hereby is amended by changing the designation of the property described in Section 2 on the
Future Land Use Map of the Comprehensive Plan from the Retail category to the Light Commercial
category, in order to render the Future Land Use Map and the Official Zoning Map, as amended by this
ordinance, consistent for the property, for the purpose of promoting the public health, safety, morals
and general welfare.
SECTION 2. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
LOT 1R, NORTHSTAR, PHASE II, 1ST REVISION
-2-
Packet Pg. 202
24
which is presently zoned S-P-2 Site Plan District Use for C-C uses under Ordinance No. 1144, is
changed to S-P-2 Site Plan District Use for C-N and mini-warehouse with caretaker’s quarters uses
under Ordinance No. 1144 of the City of Irving.
SECTION 2-A. That the district use on the property described in Section 2 is hereby approved
and granted upon the following express conditions:
(1) All trees required on Walnut Hill Lane be provided at time of Phase 1 development.
(2) No Certificate of Occupancy for mini-warehouse uses be granted until the Phase 1 retail
is constructed.
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 3. That the City Planner is hereby directed to correct the Official Zoning Maps of
the City of Irving, Texas, attached to Ordinance No. 1144, and the Future Land Use Map of the
Comprehensive Plan City of Irving, Texas, attached to Ordinance No. 6989.
SECTION 4. 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 5. That the zoning regulations and districts as herein established have been made
in accordance with the Comprehensive Plan, as amended, 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 6. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
SECTION 7. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 8. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
-3-
Packet Pg. 203
24
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
March 24, 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 204
24.a
Packet Pg. 205

Attachment: A: City Council Memo [Revision 2] (ORD-2011-9242 : 11 - ZC10-0050)
24.a
Packet Pg. 206

24.a
Packet Pg. 207

24.b
For Qffice Use Qnlv

Case No. _
Development Application
Page Two
T 2-C-(V ,- o o ~
-[).
IRVING
Exhibit A: Legal Description of Area of Request
G+- I ~ ") 'T~ lcc. k I ~
N~t'-rL S ·fnr ~~~e 1L
Attachment: B: Legal Description (ORD-2011-9242 : 11 - ZC10-0050)

1 st '12: 'Q J kS1cy-
3JLf/3 3 8, ~7
s,~·
7 I Z/ ~ r. Acres
I certify that to the best of my knowledge, this is an accurate description of the property for which this application
has b en submitted. understand that I am fully responsible for th legal descriptIon provided above.
cch-~
Date
For Office Use only

Submittal Documents (required) Additional Submittal Documents lR-AB)
o Application (including signature of current owner) o Copy of TABC application
o Application fee
o Six (6) folded sets of the plan documents
(all except "Zoning Change (Other)" )
o Two (2) 8.5 x 11 caples OR disk with PDF
Planning and Inspections Department

825 west Irving Blvd •• Irving, TX 75060 • 972.721.2424 • 972.721.2422 fax • www.cityoflrvlng.org Packet Pg. 208 /
24.c
COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE RECOMMENDED LAND USE FROM "RETAIL" TO
"COMMERCIAL" AND ZONING CASE #ZC1 0-0050, DON VALK, APPLICANT, REQUESTS A ZONING CHANGE FROM
S-P-2 (GENERALIZED SITE PLAN) FOR C-C (COMMUNITY COMMERCIAL) DISTRICT USES TO S-P-2 (GENERALIZED
SITE PLAN) FOR C-N (NEIGHBORHOOD COMMERCIAL) AND MINI-WAREHOUSE WITH CARETAKER QUARTERS
USES. T HIS PROPERTY IS LOCATED ON APPROXIMATELY 7.2 ACRES AT THE SOUTHWEST CORNER OF STATE
HIGHWAY 161 AND WALNUT HILL LANE.
THIS CASE IS SCHEDULED FOR THE THURSDA Y, FEBRUAR Y 3, 2011 CITY COUNCiL PUBLIC HEARING
Attachment: C: January 3, 2011 Planning and Zoning Minutes (ORD-2011-9242 : 11 - ZC10-0050)

Chairman Zapanta called for the applicant.
Mike Anderson, applicant's representative , gave an overview of the proposed request, adding that Mr.
Valk has been in the development business for over 30 years, and the retail project that he is proposing
will be for 24,000 sq. ft. of retail development to be constructed in 2 Phases. He stated that under the
current zoning, they have the ability to build a 75,000 sq. ft. retail project, but they agreed with the
Comprehensive Plan Update and understands that 75,000 sq. ft. will be too much retail for that location .
He also stated that they are willing to put in landscaping required as part of the Phase I and II, but they
wanted to make sure they will be able to relocate the trees removed from Phase II of the project.
Chairman Zapanta called for individuals wishing to speak in favor of this item. He then called for
individuals wishing to speak in opposition. There was no one to speak in favor or opposition to this item .
Discussion was closed to the floor and returned to the Commission for their consideration and motion.
Vice -Chairman Randall asked Mr. Anderson if they agreed with the staff's suggestions mentioned at Work
Session that no Certificate of Occupancy will be issued until the retail development is completed in Phase
I. Mr. Anderson responded positively.
Vice-Chairman Randall asked Steve Reed , Planning Manager about the public comment form received
from DFW Airport about giVing the opportunity to the FAA to review this request. Mr. Reed responded
that any requests near DFW Airport are always asked to contact the FAA for any special lighting
requirements, or any other requirement, but added that this comment form was a regular standard
comment. Mr. Anderson added that they had no problem with it.
Commissioner LaRose asked Mr. Anderson if they would do landscaping in Phase II, even though the
retail will be done in Phase I. Mr. Anderson answered that landscaping will be done in both phases, but
would like to be noted that if some trees need to be removed from buildings Band C, they would not like
to go through the mit igation process as they would be willing to replace those trees. Mr. Reed re sponded
that mitigation will not be necessary as the Landscaping Ordinance doesn't require 2 to 1 mitigation.
Secretary Tannehill stated that he understands the staff comments as to what the vision is for this area,
but he does not agree with their comments . He supported the applicant's request.
Vice-Chairman Randall moved to forward item #ZC10-0050 to City Council with a favorable
recommendation subject to the stipulation noted on bullet number 3 of the Staff Analysis to include
landscaping along Walnut Hill Drive. Comm issioner Gregory seconded the motion.
Chairman Zapanta recognized the motion on the floor. There was no discussion of the motion . The
motion carried 5-2.
Ayes: Michael Randall, Tom Tannehill , Robert LaRose , Douglas Gregory, Dennis Webb
Nay: AI Zapanta, John Fischer
Absent: Chris Allen, David Palmer

Discussion time : 16 minutes
Planning and Zoning Commission Minutes January 3, 2011 Page 4

Packet Pg. 209
z
.
24.d
Packet Pg. 210

Attachment: D: Vicinity Map (ORD-2011-9242 : 11 - ZC10-0050)
24.e
STAROoSt OR
S.p
1549
Attachment: E: Surrounding Zoning Map (ORD-2011-9242 : 11 - ZC10-0050)

S-P·2 '';'
S515 c:..
1'OV.I-l1S
S·P·2
~ '"52
~
# I"et 5
# g
""'.:: c: -MF·2
M-FW
1 .,...
I.
.
~ 2"20
~<P R.e
~~ I s , 2191
....fW ~ @
2773
~ ... I)
R-"'F
.f~ 2341
R-MF·2
~}' 2..03
. , , t' R.e
/ 21193
Surrounding Zoning Map

Zoning Case City of Irving N
No. ZC1Q-OOSO
OlIo NOo' JO.20IO
•••-===::::J' 'e«
u IOl
Packet Pg. 211

...
11)
JI
lli l ~l
Packet Pg. 212
24.f
Attachment: F: Property Owner Notification Map and List (ORD-2011-9242 : 11 - ZC10-0050)
c
24.f
Packet Pg. 213

Attachment: F: Property Owner Notification Map and List (ORD-2011-9242 : 11 - ZC10-0050)
24.g
NORTHSTAR PHASE 2
RESPONSE TO TECHNICAL REVIEW COMMITIEE COMMENTS:
Alteration from the City's Future Land Use Map recommendation of "Retail" for the property.
Attachment: G: Request to Amend Comprehensive Plan (ORD-2011-9242 : 11 - ZC10-0050)

We do not believe that the property can be developed solely as Retail as the Lot is too large to
support a 100 percent Retail development.
All of the land area West of the property is part of the DFW Airport. Three fourths of the land
area to the North of, and adjacent to our Lot, is part of the DFW Airport, the remainder is a
church. Our lot is on the West side of State Highway 161 and the majority of non-Sunday traffic
in Walnut Hill Lane is related to DFW Airport. Walnut Hill Lane is not a passenger entrance to
the Airport; rather, it is primarily an employee entrance. Employees generally do not travel to
and from work during prime retail hours, thus it most likely has limited traffic during the
necessary Retail hours.
Packet Pg. 214

24.h
Packet Pg. 215

Attachment: H: Site Plan (ORD-2011-9242 : 11 - ZC10-0050)
24.i
Packet Pg. 216

Attachment: I: Concept Plan and Landscape Plan [Revision 1] (ORD-2011-9242 : 11 - ZC10-0050)
24.i
Packet Pg. 217

Attachment: I: Concept Plan and Landscape Plan [Revision 1] (ORD-2011-9242 : 11 - ZC10-0050)
24.j
RECEIVED
DEC 17 2010
Department ot n,
Ian ling anrl/nspectlonl :::>
~~
Attachment: J: Elevation Drawing (ORD-2011-9242 : 11 - ZC10-0050)

u.(!)
50:!
~ws:
( ; ) NOFmi etEVAllON • BLDG.A
woe'Nl" ; ::;o:::!:i
Z
'-'::::J
~cn;,!CIl
~cn~~
I / ........
~~

. ...-"""'" w«~l-
"'w"'
~~i~
li i i !i!W!il!i!i!i!i i i j 1iii !:i:i:i:; in: :bj:i:;:;:;;: :;:1; ;:idiiH!iiiiiiil!iiiiiU~~.-n
o ....
NORTH ELEVATKlN· BLDG.0 o HORn< ELEVATION· BLDG.N
,•.• ,'4'
0)NOFmi
......... ELEVATlOH· BLDG. B
I,II
~ i~
~ ~;
.n~ 1"Q.DtO
1m4~"JD1UIIt
~ ~I~
~ ~
~
CONCV'fUAl
o NORTH ELEVATION - BLDG. C

....·r4'
PRELIMINARY
NOT FOR CONSTRUCTION A4
. _ - - - - - - - - - - - _. _ - - - - . _ - - - - - - - - - - - - - -".. _ - --_ . _-~ - - _.. . - - -, -_ ._ -
Packet Pg. 218

24.k
Attachment: K: NE & NW Perspective Views (ORD-2011-9242 : 11 - ZC10-0050)
z
o--i
0 "'0
"Al;c
Om
~c:
~s::
Al
cZ
0»
:::!;c
~-<
rr PROPOSED STORAGEFACILrTY FOR:
~ «>;;[ LA&,o,STIDA· CAD&UILDING srSITM5
nOOJ(J.].O,l.'U S I. THE ASSURED GROUP
IC'Il.I'0401l. 11ll \,);,A<. 7<>IOJ
I ~ HWY 161 & WAlNUT HILL Packet Pg. 219
I a J IRVING , TEXAS
.0
a....
~
N
a
i
cu
E
u
Packet Pg. 220
24.l
Attachment: L: Simulated Photo of Facility (ORD-2011-9242 : 11 - ZC10-0050)
24.m
PUBLIC COMMENT FORM
(Plene type or U1te black Ink)
Department of Planning and Inspections
PO Box 152288
Irving. Texas 75015-2288
I am FOR the requested zoning as explained on·the attached public notice for Comprehensive
Plan Amendment and Zoning Case #ZC1 0-0050.
I am AGAINST the requested zoning as explained on the attached public notice for
Cqm.p'rehensive Plan Amendment and Zoning Case #ZC10-0050.
Date, LocatJon & Time of:
PLANNING & ZONINQ

COMMiSSiON MEETING:
Attachment: M: Letter of Inquiry (ORD-2011-9242 : 11 - ZC10-0050)

Monday. January 3. 2011. 7 p.m.
City Hall, 825 W. Irving Blvd.
CITY COUNCIL MEETING: ThUrsday, February 3, 2011. 7 p.m.

City Hall. 825 W. Irving Blvd.
Name: C,h r"S d)'n.o..

(please print)
iJ. lUood - ~. . Cornmerc,,'a/ D~vt!./dp".,e".J
Address: DEb} ;la/lerhA I,"ongel A-,'cnaclj , P.O. Ba~ t,14i.J f
r75.
Tax Account (DeAD) Number
(if shown on enclosed map) :
Signature:
Date:
_ _ _~ ~_~~ ~~ SD
Packet Pg. 221

3WdOl3A3Q lVI8~3WW08 lS9t'-EL6-Z;L6
24.n
PUBLIC COMMENT FORM

(Please type or use black ink)
Department of Planning and Inspections

PO Box 152288
I am FOR the requested zoning as explained on the attached public notice for Comprehensive
Plan Amendment and Zoning Case #ZC1 0-0050.
X I am AGAINST the requested zoning as explained on the attached public notice for
Comprehensive Plan Amendment and Zoning Case #ZC1 0-0050.
Attachment: N: Comment Form in Opposition (ORD-2011-9242 : 11 - ZC10-0050)

Date, Location & Time of:
PLANNING & ZONING

COMMISSION MEETING: Monday. January 3, 2011, 7 p.m.
CITY COUNCIL MEETING: Thursday, February 3, 2011, 7 p.m.

Name: W";"\\~ ~~ ® ~~\-t J~ 7!Jk:> -PsL ~wn-.LTD

(please print)
Address: Z?L?O ~ Auf 'Sh. ~ DO
_J)A,ll~ 1rzo \ IX
Tax Account (DCAD) Number ?? I
(if shown on enclosed map): ~k?),3kt!JOb 10 z. 't. OcoO
Signature: wQ ~. ~~ _
Date: ",,"llr
--:.-_-----------------
Phone number (optional) ~,l-l.....,--'Ul ::.....::ll'-q..:........::..._O_~------:6::....b~ _
Please provide comments explaining the reasons for your support or opposition:
1Vt,'4:J vJoO~ ~W ~ p...:.....::.~~~--Jr-\ _ _ 1' _
-------------------..,R-EGBVE-B
JANl .J 2611
Depar~eDt of
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _50_
Packet Pg. 222

24.o
,/
(
.: '
Attachment: O: Opposition Map (ORD-2011-9242 : 11 - ZC10-0050)

, ~\" , . ,
~
:---'\ ~~:' ~"' ~
i2 ~
- ' ~. ~
,
. ;c.~ /:~!!L>
:::::-~ / ?I? '_ y'
::::; " C -i /
~/ :r... . . .~~ ....... ~lJ--p
< , // , _
t::::~
t:.::::;;'"..... -.....·If
, 0 \\ •\ :.
I.-,
I jJt'-..... ~~\L~ ~~ ~6 \
1::2/ '"TiTlTT11 1\ ~,, _
2 ~Jo _
~~
------; "'<>: ,. ,~
lw.u.=":;i ;-c
- ' ' '~Il. ~c~:. -1l
o 9
l $j~~=1
$"",,l -, '----;nEN'NA sr"
l i l i ! ! ! II I II
~ __
r-r-r-r-r-r-t ,
/
, L~\
' -,
~ /~' ,
~
/ <, /
I ,/ - . /
/ / ,/ "
Total Area within 200'

Protest Analysis Map
Zoning Case City of Irving
(Excluding Subject Parcel ) = 15,2124AC
Total Area Protesting = 3.7726AC

-\ N
No. ZC10-0050
Percentage of Area Protesting = 24,8% -=:J Feel
Date Jan, 17, 2011 o 100 200
Packet Pg. 223

24.p
Packet Pg. 224

Attachment: P: Memo from Steven Reed and Letter of Opposition from Current Property Owner (ORD-2011-9242 : 11 - ZC10-0050)
24.p
Packet Pg. 225

Attachment: P: Memo from Steven Reed and Letter of Opposition from Current Property Owner (ORD-2011-9242 : 11 - ZC10-0050)
25
AGENDA ITEM SUMMARY
Meeting: 3/24/2011 DOC ID: 3818

Ordinance -- Zoning Case #ZC11-0001 - Amending Comprehensive Zoning

Ordinance No. 1144 of the City of Irving, Texas, By Amending Section 52-
35e. Nondepository Financial Institutions and Repealing Chapter 38
Entitled "Business Registration" of The Code of Civil and Criminal
Ordinances of the City of Irving, Texas - City of Irving, Applicant
(Postponed from March 3, 2011)
1. This item supports Strategic Goal No. 1: Land Use, Goal 2: Neighborhoods and
Goal 3: Economic Development.
2. Planning and Zoning Commission Hearing Date and Recommendation: February
21, 2011 – Postponed to March 7, 2011 – 7-0 (Commissioner Zapanta, absent;
Commissioner Tannehill, abstain). March 7, 2011 – Postponed to March 21, 2011
6-0 (Commissioners LaRose, Randall and Fisher, absent). The March 21, 2011
Planning and Zoning Commission recommendation will be provided to the City
Council during the March 23, 2011 work session.
3. This is a proposed amendment to the Zoning Ordinance that will modify Section 52-
35e, Nondepository Financial Institutions, and will repeal Chapter 38, Article 1 of the
Code of Civil and Criminal Ordinances.
4. On April 23, 2009, the City adopted Ordinance 2009-9070, which added Section 52-
35e to the Zoning Ordinance, and Ordinance 2009-9071, which added Chapter 38
to the Code of Civil and Criminal Ordinances, in response to what was seen as a
clustering of Nondepository Financial Institutions along certain corridors, to the
possible detriment of other economic development opportunities and retention of
commercial and residential property values.
5. Section 52-35e established definitions for specific Nondepository Financial
Institutions (“NFIs”) including “check cashing,” “payday advance/loan,” and “car title
loan” businesses. This section established regulations restricting the location of
future establishments on certain corridors, in proximity to residential property, and in
proximity to other existing NFIs. The section also established nonconforming use
regulations that were more stringent than those regulating other nonconforming
uses through Section 52-47.
6. In the fall of 2010, the city was approached by the Greater Irving/Las Colinas
Chamber of Commerce and one of the larger payday lending establishments and
asked to review certain aspects of the ordinance, particularly those sections dealing
with the nonconforming use provisions.
7. In response to these and other staff-initiated concerns, staff re-examined the
provisions in Section 52-35e. At the conclusion of this review, staff recommended
the following significant changes:
A. Modify the ordinance so that NFIs in nonconforming locations are treated the
Packet Pg. 226

25
same as any other nonconforming use in Section 52-47 of the Zoning

Ordinance.
B. Allow for NFIs in nonconforming locations to change or transfer certificates of
occupancy at those locations if the use is not discontinued for more than 30
days or changed to another use.
C. Modify the definitions of each type of NFI to more closely align with the state’s
language and regulations concerning “credit service organizations”, and to
clarify that this section applies to establishments that broker payday and car title
loans, as well as those establishments that may actually make payday and car
title loans.
8. In addition to these changes to the zoning ordinance, this ordinance would repeal
Chapter 38, Article 1 of the Code of Civil and Criminal Ordinances. This would
eliminate the separate, additional registration process for NFIs that staff has found
to be of minimal benefit to the City. This portion of the proposed ordinance does not
require action by the Planning and Zoning Commission to be forwarded to the City
Council for their consideration.
9. After meeting with the corporate representatives of two payday lenders based in
Irving, staff believes this ordinance addresses the most pressing concerns
expressed to staff about the ordinance.
10. In summary, the proposed ordinance (1) brings nonconforming NFIs under the
same provisions as any other nonconforming use addressed in the zoning
ordinance; (2) clarifies the definitions of each type of NFI so as to reduce or
eliminate confusion regarding which establishments are covered by the provisions
of Section 52-35e; and (3) removes the additional registration process.
11. On January 13, 2011, the City Council Planning and Development Committee
directed staff to initiate this amendment.
12. On February 21, 2011, the Planning and Zoning Commission postponed this item
until March 7, 2011 to give the staff time to provide additional information requested
by the Commission. On March 7, 2011, the Commission postponed this item to
March 21, 2011 in order to consider the regulations on NFI’s more thoroughly.
Recommendation
If the Commission provides a recommendation on March 21, then staff will recommend
approval of the proposed ordinance. If the Commission does not make a
recommendation, then the request must be postponed to April 7, 2011.
• Contract Required: N/A • Review Completed By: N/A
• Previous Action: N/A • Council Action: N/A
ATTACHMENTS:
• A: City Council Memo (PDF)
• B: Planning and Zoning Meeting Minutes for February 21, 2011 (PDF)
-2-
Packet Pg. 227
25

NONE
Prepared: 2/14/2011 01:55 PM by Sharon Brown
Last Updated: 3/11/2011 02:15 PM by Steven Reed
-3-
Packet Pg. 228
25
ORDINANCE NO. ORD-2011-9247
AN ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1144 OF THE

CITY OF IRVING, TEXAS, BY AMENDING SECTION 52-35e NONDEPOSITORY FINANCIAL
INSTITUTIONS; REPEALING CHAPTER 38 ENTITLED "BUSINESS REGISTRATION" OF THE
CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS;
PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Irving, Texas, in compliance with the laws of the State of Texas with reference to the amendment of
Zoning Ordinance No. 1144 of the City of Irving, Texas, have given the requisite notices by publication
and otherwise, and after holding due hearings and affording a full and fair hearing to all property
owners generally and to all interested citizens, the governing body of the city is of the opinion and finds
that the Comprehensive Zoning Ordinance should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That Section 52-35e entitled “Nondepository financial institutions” of

Comprehensive Zoning Ordinance No. 1144 of the City of Irving, Texas, is hereby amended in its
entirety to read as follows:
Sec. 52-35e. Nondepository financial institutions.
(a) Definitions.
(1) Nondepository financial institution. Any check cashing business, payday advance/loan
business, or car title loan business, as defined in this section. This definition excludes:
a. A state or federally chartered bank, savings and loan association or credit union, or a
pawnshop;
b. Any business that grants or brokers “tax refund advance” loans or other such loans whose
value is based on the value of a federal income tax refund due to the consumer; and
c. A convenience store, supermarket, or other retail establishment where consumer retail

sales constitute at least 75 percent of the total gross revenue generated on site.
(2) Check cashing business. An establishment, entity, or person registered with the Texas
Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas
Finance Code that provides one or more of the following:
a. An amount of money that is equal to the face of the check or the amount specified in the
written authorization for an electronic transfer of money, less any fee charged for the
transaction;
-1-
Packet Pg. 229
25
b. An agreement not to cash a check or execute an electronic transfer of money for a

specified period of time; or
c. The cashing of checks, warrants, drafts, money orders, or other commercial paper for
compensation by any person or entity for a fee.
(3) Payday advance/loan business.
a. An establishment, entity, or person registered with the Texas Secretary of State as a Credit
Services Organization (CSO) under Section 393 of the Texas Finance Code that engages
in any of the following activities:
1. Acts or operates as a loan broker between consumers and lending companies;
2. Issues a “letter of credit” or similar document on behalf of a consumer to a lender;
3. Collects any or all of the following fees:
i. A referral fee for referring a consumer to lending company;
ii. An application fee for filling out the CSO documents; or
iii. Interest on the funds distributed to the consumer, or payments based on the amount
of money distributed to the consumer; or
4. Requires the consumer to provide the CSO or lending company with a postdated check
or authorization to make an electronic debit against an existing financial account.
(4) Car title loan business.
a. An establishment, entity, or person registered with the Texas Secretary of State as a Credit
Services Organization (CSO) under Section 393 of the Texas Finance Code that engages
in any of the following activities:
1. Acts or operates as a loan broker between consumers and lending companies;
2. Issues a “letter of credit” or similar document on behalf of a consumer to a lender;
3. Collects any or all of the following fees:
i. A referral fee for referring a consumer to lending company;
ii. An application fee for filling out the CSO documents; or
iii. Interest on the funds distributed to the consumer, or payments based on the amount
of money distributed to the consumer.
b. The CSO or lending company uses a consumer’s vehicle title as collateral for a loan.
-2-
Packet Pg. 230
25
(b) Applicability. The following regulations shall apply to all new establishments seeking to
obtain a certificate of occupancy as a nondepository financial institution, including new buildings or in
any existing building or portion of a building.
(1) No new nondepository financial institution may be located within 1,000 feet of another
nondepository financial institution, measured in a direct line from property line to property
line.
(2) No new nondepository financial institution may be located in a building that is closer than 500
feet from the rights-of-way of State Highway 183, State Highway 114, State Highway
161/President George Bush Turnpike, Interstate Highway 635, Loop 12, Spur 348, Spur 482,
or State Highway 356 (Irving Boulevard).
(3) No new nondepository financial institution may be located on a property whose lot line is less
than 200 feet from any single family residential property line that is zoned for single-family,
duplex, or townhouse uses.
(4) Parking requirements for nondepository financial institutions.
a. All nondepository financial institutions located within a freestanding building with no

other commercial tenant shall provide a minimum of 25 parking spaces or 1 parking space
for every 100 square feet, whichever is greater. All parking shall be located on site.
Notwithstanding other provisions set forth in Comprehensive Zoning Ordinance No. 1144,
all required spaces must be on site, and shall not be provided through a shared parking
agreement, shared parking easement, or on any other off-site location through any method
or agreement.
b. All other nondepository financial institutions that are not subject to the preceding
provision shall provide 1 parking space for every 100 square feet of gross floor space.
(5) If there is any conflict between this section 52-35e and an adopted S-P-l, S-P-2, or
development plan in a PUD district, the more specific standard shall apply.
(6) Modifications of the requirements outlined in this section may be accomplished through either
an S-P-l (detailed site plan) or a development plan in a PUD district.
(c) Existing nondepository financial institutions.
(1) It is the declared purpose of this section that in time all nondepository financial institutions
shall come to conform to the provisions of this section.
(2) A nondepository financial institution that does not conform to these standards and that existed
lawfully on the date the use commenced shall be deemed a nonconforming use. A
nonconforming use may be continued, so long as it does not increase its level of
nonconformity.
-3-
Packet Pg. 231
25
(3) If a nondepository financial institution ceases operations at a particular location for at least 30
consecutive days, or a certificate of occupancy for a different type of use is issued for the
same location, a new certificate of occupancy shall not be issued for a new nondepository
financial institution at that location without first complying with all the requirements of this
section 52-35e.
(4) With the exception of subsection 52-35e (c)(3) above, existing nondepository financial
institutions as of April 23, 2009, that do not comply with the requirements of subsection 52-
35e (b) shall be governed by the provisions of section 52-47 of Comprehensive Zoning
Ordinance No. 1144.
SECTION 2. That Chapter 38 entitled "Business Registration" of The Code of Civil and
Criminal Ordinances of the City of Irving, Texas, is hereby repealed.
SECTION 3. Any person violating or failing to comply with any provision of this ordinance
shall be fined upon conviction not less than one dollar ($1.00) nor more than two thousand dollars
($2,000.00). Each day any violation of any provision of this ordinance continues constitutes a separate
offense.
SECTION 4. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
on March 24, 2011.
_______________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 232
25.a
Packet Pg. 233

25.a
Packet Pg. 234

25.b
Packet Pg. 235

Attachment: B: Planning and Zoning Meeting Minutes for February 21, 2011 (ORD-2011-9247 : 11 - ZC11-0001)
25.c
Packet Pg. 236

Attachment: C: March 7, 2011 Planning and Zoning Meeting Minutes (ORD-2011-9247 : 11 - ZC11-0001)
25.d
Packet Pg. 237

Attachment: D: NFI Comparisons (ORD-2011-9247 : 11 - ZC11-0001)

IrvingCC Packet 2011-03-24

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

IrvingCC Packet 2011-03-24

Hochgeladen von

Copyright:

Verfügbare Formate

AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, MARCH 24, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

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

Pastor Norris Q. McGill of Antioch Christian Church

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 27

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

City Council Agenda 03/24/2011 1

3 Approving regular meeting minutes for Thursday, March 03, 2011

4 Resolution -- Authorizing the Destruction of Obsolete Records in

5 Resolution -- Approving a Records Control Schedule for Water Utilities

City Council Agenda 03/24/2011 2

7 Resolution -- Approving an Engagement Letter with Gibson, Dunn &

City Council Agenda 03/24/2011 3

9 Resolution -- Awarding a Contract to Jeske Construction Company for the

City Council Agenda 03/24/2011 4

11 Resolution -- Authorizing the Mayor to Execute an Agreement Between the

City Council Agenda 03/24/2011 5

12 Resolution -- Authorizing the Mayor to Approve Statement of Cost in

City Council Agenda 03/24/2011 6

Bids & Purchasing items

14 Resolution -- Renewing Annual Contract with Greenstar North America for

Vendor FY2011-12 FY2012-13 Total

Greenstar North $18,000.00 $36,000.00 $18,000.00 $72,000.00

City Council Agenda 03/24/2011 7

Martin Eagle Oil $1,818,958.60 $1,625,958.76 $3,444,917.36

City Council Agenda 03/24/2011 8

City Council Agenda 03/24/2011 9

City Council Agenda 03/24/2011 10

Austin Masonry $72,997.17 $52,140.83 $125,138.00

City Council Agenda 03/24/2011 11

John J. Duncan Ph.D.

City Council Agenda 03/24/2011 12

City Council Agenda 03/24/2011 13

4. The following exception to the Subdivision Ordinance requires this plat to be

22 Resolution -- Approving Special Sign Permit S1102-0027 To Allow a Digital

City Council Agenda 03/24/2011 14

23 Resolution -- Approving Special Sign Permit S1102-0028 to Allow a Digital

City Council Agenda 03/24/2011 15

24 Ordinance -- Amending the Comprehensive Plan to Change the

3. The applicant is requesting a Comprehensive Plan Amendment and zoning change

5. The subject tract is currently undeveloped. It is bounded on three sides by Walnut

City Council Agenda 03/24/2011 16

12. Staff cannot support mini-warehouse uses as a component of the development at

City Council Agenda 03/24/2011 17

25 Ordinance -- Zoning Case #ZC11-0001 - Amending Comprehensive Zoning

City Council Agenda 03/24/2011 18

City Council Agenda 03/24/2011 19

City Council Agenda 03/24/2011 20

WORK SESSION MEETING OF THE IRVING CITY COUNCIL

Attendee Name Organization Title Status Arrived

Minutes Acceptance: Minutes of Mar 2, 2011 11:00 AM (CONSENT AGENDA)

2 Review of Regular Agenda

8 Resolution -- Approving an Addendum to the Agreement for Legal Services with

16 Ordinance -- Amending Section 35 - Subdivisions of Part IV City of Irving Land

City Council Work Session

ZONING CASES AND COMPANION ITEMS

18 Ordinance -- Zoning Case #ZC11-0001 - Amending Comprehensive Zoning

Minutes Acceptance: Minutes of Mar 2, 2011 11:00 AM (CONSENT AGENDA)

3 Green Advisory Committee Update