IrvingCC Packet 2010-09-09

FINAL AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, SEPTEMBER 9, 2010
COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, SEPTEMBER 8, 2010 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS
6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor

City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M. -----------------------------------------------------------Organizational Service Announcements
Invocation
Rev. John Fletcher, Oak Haven United Methodist Church

Pledge Of Allegiance
Proclamations And Announcements
Announcements And Recognitions
Public Hearing: Items 1 through 43
THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
City Council Agenda 09/9/2010 1

CITY COUNCIL AGENDA
1 Public Hearing -- Public Input Hearing on the 2010-11 City of Irving Fiscal
Year Budget
Administrative Comments
1. This item supports Strategic Goal No.8: Sound Governance.
2. Impact: This public hearing gives the Irving taxpayers an additional opportunity to
comment on next year’s budget.
3. The Fiscal Year 2010-11 City Budget is scheduled to be adopted on September 23,
2010.
Recommendation
Receive public input and council input regarding the FY2010-11 budget.
2 City Operations Update
CONSENT AGENDA
3 Approving work session minutes for Wednesday, August 4, 2010
4 Approving regular meeting minutes for Thursday, August 5, 2010
5 Approving special meeting minutes for Thursday, August 19, 2010
6 Approving special meeting minutes for Wednesday, August 25, 2010
7 Resolution -- Authorizing Reimbursement Payment in the Amount of

$196,388.15 to Hines Las Colinas Land Limited Partnership (Hines) for
Capital Infrastructure Improvements Within the La Villita Development of
Tax Increment Reinvestment Zone No. One
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this resolution will allow the TIF District to reimburse the
developers of the La Villita area of Las Colinas. The La Villita development has
current taxable value of approximately $290 million.
3. The reimbursement agreement approved in 2002 totals $11,563,671.
4. The 2010 developer reimbursement to Hines is $196,388.15. This represents the
final payment to Hines for the La Villita Development.
5. Funding in the amount of $3,900,000 is available in the TIF Fund.
Recommendation
The resolution be approved.

Capital Infrastructure Improvements Within the TIF District
2. Impact: Approval of this resolution will allow for the TIF District to reimburse Hines
for the Lakes of Las Colinas housing development. The taxable value of the Lakes
Development is expected to exceed $240 million upon completion.
3. The maximum amount of reimbursement is $5,151,511.00.
4. The 2010 Developer reimbursement to Hines is $877,608.48. The remaining
unpaid balance of the approved project costs totals $3,093,142.52.
5. Funding in the amount of $3,900,000.00 is available in the TIF Fund.
Recommendation

$173,791.01 to LPC Northwest Phase I, LP (Lincoln) for Capital
Infrastructure Improvements Within the Lincoln at Las Colinas
Development of Tax Reinvestment Zone No. One
developers of the Lincoln at Las Colinas multi-family project. The development has
a current taxable assessed value of over $50 million dollars.
3. The maximum amount of reimbursement is $1,006,200.
4. The maximum amount of reimbursement for work completed to date is $740,700.
5. The 2010 developer reimbursement to Lincoln is $173,791.01. The remaining
unpaid balance of the approved project costs totals $492,658.01.
Recommendation

$201,801.01 to Las Colinas Land Limited Partnership (LCLLP) for Capital
Infrastructure Improvements Within the Tax Increment Reinvestment Zone
No. One.
2. Impact: Approval of this resolution will allow the TIF District to reimburse the Las
Colinas Land Limited Partnership (LCLLP) for construction of a section of the Lake
Carolyn Promenade pertaining to the Mandalay on the Lake project.
3. The maximum amount of reimbursement is $201,801.01.
4. The 2010 developer reimbursement to LCLLP is $201,801.01.
5. Funding in the amount of $3,900,000.00 is available in the TIF Fund
Recommendation

$2,450,411.34 to the City of Irving for Capital Infrastructure Improvements
Within PDU 1, PDU 2, PDU 3, and SS1 of the Tax Increment Reinvestment
Zone No. One
1. This item supports Strategic Goal No. 3 : Economic Development.
2. Impact: Approval of this resolution will allow the City of Irving to recover a portion of
the capital costs it has incurred in the TIF District for capital infrastructure. These
projects have been essential in the development of the TIF District. Due to the
City’s investment in the TIF infrastructure, various developments have been made
possible. Taxable values in the TIF District have increased approximately 82% over
the 1998 base values.
3. The maximum amount of the reimbursement is $11,166,674.
4. The 2010 reimbursement to the City of Irving is $2,450,411.34. The remaining
Recommendation

12 Resolution -- Approving an Economic Incentive Agreement Between the
City of Irving and Health Management Systems, Inc.
2. Impact: Approval of this agreement will allow the City to add approximately 350
relocated and/or new jobs in the healthcare management field.
3. HMS is currently located at 5615 Highpoint Drive. The company is consolidating
operations and plans to relocate/create an additional 350 new jobs to Irving.
4. The agreement provides a one-time $450 job credit for every full-time position over
601 up to a maximum of 300 new or relocated full-time jobs. The 300 jobs must be
maintained for a 5-year period. The maximum one-time payout of this grant is
$135,000.
5. The agreement also provides a one-time job credit of $500 for a maximum of 50
new or relocated employees that reside in the City of Irving. Residency must be
maintained for 3 continuous years before the grant is paid. The maximum one-time
amount of this grant is $25,000.
6. HMS must own or occupy for a 10-year period at least 220,000 square feet, employ
at least 601 full-time jobs with an average annual salary of $61,000 before benefits,
and provide proof of 650 City of Irving hotel room stays annually during the entire
10-year term of the agreement in order to qualify for the job credits.
7. The agreement also provides a 10-year 40% tax rebate on the incremental taxable
assessed value of the business personal property owned by HMS. The increase
must be at least $2 million over the January 1, 2010 certified value and HMS must
employ at least 750 full-time employees in order to receive the rebate. The
estimated annual benefit is $4,300 or $43,000 over 10- years.
8. During the entire 10-year term of the tax rebate agreement, HMS must maintain
ownership and/or occupy for 10 years at least 220,000 square feet, maintain an
average annual salary of $61,000 before benefits for all full-time employees, and
provide proof of 650 City of Irving hotel room stays during the entire 10-year term of
the agreement in order to qualify for the tax rebate. In addition, HMS is required to
become an investor at the “Partner Level” in the Irving Economic Development
Partnership. The “Partner Level” is a $3,000 annual commitment throughout the
entire term of this agreement. Should HMS fail to meet these requirements,
clawbacks will be initiated to recover any payments previously granted.
9. HMS has an active abatement with the City. Approval of this agreement will
supersede the previously approved abatement.
Recommendation

13 Resolution -- Approving a Discretionary Service Agreement Between the
City of Irving and Oncor Electric Delivery Company, LLC, for the
Undergrounding of Overhead Electric Facilities for West Irving Library
1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant Neighborhoods,
No. 3: Economic Development, and No. 9: Infrastructure.
2. Impact: The undergrounding of electric facilities at the West Irving Library will
provide for a more reliable power source in inclement weather, and will enhance
visual appearance by eliminating pole clutter and the need for future tree trimming.
3. This is part of Capital Improvement Program’s (CIP) strategic plan to underground
aerial utilities in front of all city owned facilities.
4. CIP staff prepared the plans and supervised installing the conduit systems at a cost
savings of 30% that Oncor will utilize in the removal of the poles.
5. Funding in the amount of $158,181.44 is available in the Library Bond Fund.
Recommendation
14 Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Oncor Electric Delivery Company, LLC, for Phase 1
Undergrounding of Existing Aerial Utilities at Various Locations in Las
Colinas (Spur 348 Crossing)
2. Impact: This project will provide for the undergrounding of existing aerial utilities at
Spur 348 and SH 114 in Las Colinas and will provide a redundant electric service
for the Convention Center site. This will improve the visual impression of the area,
promote economic development and reduce the possibility of power outages
caused by inclement weather events.
4. The Las Colinas Association (TLCA), our partner in utility undergrounding in the Las
Colinas area, will fund 35% of this agreement cost. TLCA will reimburse the city for
their share of the project cost after the work is completed.
5. Funding in the amount of $18,586.05 is available in the Non-Bond CIP Fund and
$34,516.95 is available in the Street Improvement Bond Fund for the total amount
of $53,103.00.
Recommendation

15 Resolution -- Awarding a Contract to S.J. Louis Construction of Texas,
LTD., for Delaware Creek Sanitary Sewer Interceptor Project
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This project will replace two sewer mains along Delaware Creek between
Second Street and Grauwyler Road that have met or exceeded their design life with
one large main which will also provide additional needed capacity. This project will
also widen and upgrade Sowers Road between Rock Island Road and Pioneer
Drive, to a concrete curb and gutter road with sidewalk improvements on the east
side since the alignment of the new main will go under Sowers Road requiring its
reconstruction.
3. This project was bid with a new contract bidding method called A+B bidding that
assigned a daily value to the amount of days bid by the contractor for bid
evaluation. The contract award is based on the Base Bid (A) and the contractor will
be required to complete the contract in the number of days bid. Incentive pay for
early completion or liquidated damages assessed for failure to complete in time will
be $3,000.00 per calendar day. Six bidders submitted prices and the lowest A+B
evaluated bidder also supplied the lowest base bid.
4. S.J. Louis Construction of Texas, LTD. submitted the lowest and best bid of
$5,866,540.06 with a project completion time of 332 calendar days. An additional
$58,459.94 is required for testing and an additional $30,000.00 will be placed on
reserve for potential incentive pay, bringing the total cost of the project to
$5,955,000.00. This is $545,000.00 (8.4%) below the funding allocated for this
project.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
31%.
6. Funding in the amount of $5,955,000.00 is available in the General Fund, the Storm
Sewer Bond Fund, and the Sanitary Sewer Bond Fund.
Recommendation

16 Resolution -- Awarding a Contract to Murphy Pipeline Contractors, Inc., for
2009 Water Main Replacement Section II and Milner Road Sanitary Sewer
Rehabilitation Project
2. Impact: This project provides for the continued maintenance and improvement of
the city’s water and sewer system.
3. This project will pipe burst (pipe relining process) and replace approximately 4,720
linear feet of deteriorated water main and restore 730 linear feet of sanitary sewer.
This will include replacement of services, valves, fire hydrants and a sewer manhole
along the following streets:
a. Milner Road from East Union Bower to East Grauwyler Road
b. Mullins Street from Milner Road to Nursery Road
c. Grosse Point from Milner Road to the end of the street
d. Ross Drive from Milner Road to the end of the street
e. Cartwright Street from North Story Road to William Brewster Drive
4. The lowest responsible and responsive bidder was Murphy Pipeline Contractors,
Inc., in the amount of $486,354.00. An additional $4,864.00 is needed for testing,
bringing the total cost of the project to $491,218.00. This is $183,782.00 (27%)
below the funding allocated for this project.
5. Funding in the amount of $491,218.00 is available in the Sanitary Sewer Bond Fund
and the Water Improvement Bond Fund.
Recommendation
17 Resolution -- Awarding a Contract to Insituform Technologies, Inc., for the

Trenchless Rehabilitation of Two Water Mains
2. Impact: This project will install a new pipe liner in two existing water mains which
will allow the life cycle of the pipes to be extended without the need to replace the
pipes through the open cut method. The open cut method of pipe replacement
would cause problems at both of these sites. This new method of using the pipe
liner is less expensive therefore this project will save over $23,000.00.
3. Capital Improvement Program staff requested a quote from Insituform
Technologies, Inc., to install a new trenchless pipe liner method for water mains for
an 80 foot section of an 8-inch main cement fiber pipe under a levee at the new
Convention Center site. Staff also requested a quote to install this new trenchless
pipe liner method for water mains for a 440 foot section of cast iron pipe under a
concrete alley that also contains a sewer main, a gas main, and grease traps at 808
East Irving Boulevard.

4. Insituform Technologies, Inc. submitted a quote in the amount of $133,020.00 or
approximately $255.81 per linear foot. An additional $2,000.00 is required for
testing and an additional $10,000.00 will be placed on reserve for contingency,
bringing the total cost of the project to $145,020.00.
5. Traditional open cut methods are not allowed at the Convention Center site since it
is under a levee, nor would a new main be allowed to be bored through the base of
the levee. Traditional open cut methods in the utility easement at the 808 East
Irving Boulevard location would cost almost $300.00 per linear foot as it would
require the removal and replacement of a sewer main that is in good condition
within the alley, and the removal and replacement of the 13 foot wide private alley.
6. This new trenchless method is a State of Texas Buy Board purchase per the
attached proposal.
7. Funding in the amount of $145,020.00 is available in the Water Improvement Bond
Fund.
Recommendation
18 Resolution -- Approving a Sales Contract for the Acquisition of a Single-

Family Residence Located at 206 Larry Drive - Rodrigo and Yolanda Ortiz,
Property Owners
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: Acquisition of this property will provide flexibility to accommodate municipal
purposes.
3. The 2008, 2009 and 2010 tax assessed value of the property is $75,380.00,
$67,700.00, and $67,700.00, respectively. The property owner has agreed to sell
the property for $113,000.00, plus reimbursement of relocation costs not to exceed
$11,350.00, and plus closing costs not to exceed $6,000.00.
4. Funding in the amount of $130,350.00 is available in the current budget.
Recommendation

19 Resolution -- Approving an “Add Space and Lease Renewal Amendment”
with the State of Texas (Texas Department of Human Services) to Lease an
Additional 3,585 Square Feet and Extend the Existing Lease for an
Additional Five Years for Offices Located in the City’s Human Services
Building Located at 440 South Nursery Road
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Expanding the State’s lease to include the entire second floor of the
building will provide added income of $25,271.28 per year while utilizing previously
vacant office space.
3. The State has occupied space on the second floor of the City’s Human Services
Building located at 440 S. Nursery Road since 1992. The State has requested to
expand its operations to occupy the entire second floor of the Human Services
Building. The State will provide tenant finish out in an amount not to exceed
$30,000.00. The State has asked to extend its lease an additional 5 years to
recoup their tenant finish-out costs. The existing lease expires December 31,
2012. The lease renewal amendment will extend the lease to December 31, 2017.
4. The State currently pays $69,517.68 annually, plus utilities. The request is to add
an additional 3,585 square feet to take in the entire second floor of the building,
bringing the total lease space to 13,446 square feet at an initial annual rental rate
of $94,788.96 annually, an increase of $25,271.28. The lease includes a CPI
adjustment clause beginning at the 2012 lease year.
Recommendation
20 Resolution -- Approving an Agreement Between the City of Irving and

Trinity River Authority to Provide Water and Wastewater Laboratory
Analysis Services to Meet Federal and State Standards for the City of
Irving, Texas
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This contract benefits the City of Irving residents by performing laboratory
analysis of the City’s water and wastewater to verify that it meets and exceeds state
and federal standards.
3. The City is required by federal and state law to routinely sample and perform
laboratory analysis of the water and wastewater generated within the City. The
Trinity River Authority (TRA) has one of the few laboratories in our area certified by
the state to perform our required tests.
4. TRA has provided excellent service to Irving and many other cities for over 20
years. TRA is conveniently located in Grand Prairie, which minimizes our staff time
required for daily deliveries. They also test and provide results quickly and will work
weekends, as needed, to meet the City’s needs.

5. Funding in the amount of $216,000.00 is available in the Water and Sewer System
Fund and $54,000.00 is available in the Municipal Drainage Utility Fund.
Recommendation
21 Resolution -- Authorizing Staff to Negotiate an Engineering Services

Agreement with Deltatek Engineering for Services Associated with the
Rehabilitation of Tank No. 4 at the Hackberry Pump Station and the
Northwest Elevated Storage Tank
2. Impact: This authorization allows us to negotiate an agreement for engineering
services required to rehabilitate Tank No. 4 at the Hackberry Pump Station and the
Northwest Elevated Tank.
3. This authorization is the first of a two step process. Staff will bring an Engineering
Services Agreement to Council for approval at a future meeting.
4. City staff administered a Request for Qualifications, RFQ # 160M-10F, to select an
engineering firm for these services. Six RFQ Responses were received and
reviewed by staff.
5. The RFQ Response submitted by Deltatek Engineering best meets the criteria
established in the RFQ. The team put together by Deltatek Engineering has a great
deal of experience executing projects similar to this one, including previous projects
here in Irving.
6. Tank No. 4 at the Hackberry Pump Station was constructed in 1993. An inspection
report completed earlier this year indicated that there is corrosion occurring within
the tank and that the interior of the tank needs to be repainted. The report also
noted that a structural repair needs to be made to the bracing that attaches the tank
inlet pipe to the tank wall. The exterior of the Northwest Elevated Tank was last
painted in 1987 and the coating is starting to fail and needs to be repainted. These
projects are vital to the operations of Water Utilities in extending the life of these
tanks.
Recommendation

22 Resolution -- Approving and Accepting the Bid of AUI Contractors, LLC for
the Improvements to the Hackberry Pump Station
2. Impact: This project will increase the water distribution pumping capacity for
northwest Irving. An additional pump is needed to stay ahead of ongoing growth
and ensure pumping reliability.
3. AUI Contractors, LLC was the lowest responsive bidder with a bid of $400,000.00,
which is 20% under budget.
4. This project includes the installation of a 5 million gallon per day (mgd) pump at the
Hackberry Pump Station. This additional pump was recommended in the 2007
Update to the Water Distribution Master Plan.
5. The project also includes an adjustable frequency drive to maintain the highest
possible energy efficiency and minimize power cost.
6. AUI Contractors, LLC is using one certified Minority and/or Women-owned Business
Enterprise (M/WBE) as a sub-contractor for 36.3% of the services.
7. Funding in the amount of $400,000.00 is available in the Water and Sewer Bond
Improvement Fund.
Recommendation
23 Resolution -- Approving Change Order No. 4 to Eagle Contracting, L.P. for

the MacArthur Pump Station
2. Impact: This change order provides for additional required work at the MacArthur
Pump Station. Contingency funding will be used and the project is still within the
original budget.
3. The major items on this change order include asbestos abatement required prior to
demolition of the existing pump station, relocation of the fire alarm panel, structural
modifications to the building, rental of a portable generator to test the portable
generator connection cabinets, and modifications to the driveway approach.
4. Additional items include a credit for the electrical power to the new sump at the
Hackberry Pump Station, modifications to the sanitary sewer, and fire lane striping
and handicap signage.
5. The total amount of the change order is $40,481.37, which will be charged to the
existing contingency fund. After this change order, the contingency fund will have
an available balance of $146,123.36.

6. An additional 29 calendar days was added to bring the substantial completion date
to November 12, 2010 and the final completion date to December 12, 2010 to
account for the additional work.
Recommendation
24 Resolution -- Approving and Accepting the Proposal of Verizon Business

Network Services Inc., on Behalf of Verizon Select Services Inc., for the
Technology Infrastructure for the Irving Convention Center
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
Development of the Regional Activity District and Entertainment Center.
2. Impact: The technology infrastructure is a critical component of the new Convention
Center that will impact the city residents by promoting the City, which will generate
additional visitor spending in Irving.
3. To date, six solicitations have been processed awarded for the Furniture, Fixtures,
and Equipment (FF&E) items for the Irving Convention Center (ICC). The
recommendation has been prepared by a team made up of representatives from:
the facility operator, SMG; the ICVB staff; the owner’s representative, the Beck
Group; the City’s IT staff; and the project’s technology consultant, and is based
upon the selection method and evaluation criteria detailed in the RFP.
4. The technology infrastructure includes the following components: wired network;
wireless network; network/IT security; phone system; network management,
documentation and recommended training; and sponsorship considerations.
5. The Verizon proposal sponsorship component includes all of the AVAYA equipment
for the wireless infrastructure valued at over $90,000.00 (MLP).
6. The technology infrastructure supports not only the staff operations of the ICVB and
the ICC, but also the customer uses and requirements that will vary with each
different user’s rental of the facility.
7. Funding in the amount of $514,565.97 is available in the Convention Center
Construction Fund and ICVB General Fund.
8. The cost for the Wireless Network Infrastructure (Component 2) is a budgetary
amount and is subject to change upon completion of the site survey (estimated at
an additional $1,500.00 to $2,000.00 maximum).
Recommendation

25 Resolution -- Approving and Accepting the Bids of Olmsted-Kirk
Equipment & Supply; Pollock Paper Distributors; Tennant Sales & Service
Company; and Unisource Worldwide Inc., for Housekeeping Equipment for
the Irving Convention Center
2. Impact: Housekeeping Equipment is needed for the new Convention Center that
will impact the city residents by promoting the City, which will generate additional
visitor spending in Irving.
3. To date six solicitations have been processed and awarded for the Furniture,
Fixtures, and Equipment (FF&E) items for the Irving Convention Center. This
recommendation has been prepared by the facility operator, SMG, based upon the
selection method and evaluation criteria detailed in the ITB (see attached).
4. SMG developed a detailed list of all of the FF&E items including estimated costs
and is overseeing the purchasing process in cooperation with the City of Irving
Purchasing Office. Funding for FF&E is part of the overall project budget and this
award is within the estimated cost.
5. Items included in this award are: carpet blowers, carpet spot extractors, poly tilt
trucks, pressure washers, flat surface cleaners, sweepers, trash receptacles, and
vacuums.
6. Funding in the amount of $96,139.42 is available in the Convention Center Fund.
Vendor Item Nos. Award
Olmsted-Kirk Equipment & Supply 7 $ 968.18
Pollock Paper Distributors 9,10,11,17,18,19,20 $42,563.00
21,22,23,24,25,26
Tennant Sales & Service Company 3,5,6,14,15,16,27,31,32 $51,880.85
Unisource Worldwide Inc. 2,4,29 $ 727.39
No Award – item no longer needed 8
No bids received 1,12,13,28,30
Recommendation

26 Resolution -- Approving and Accepting the Bid of H & E Equipment
Services for a 60-Foot Boom Lift for the Irving Convention Center
2. Impact: A 60-foot boom lift is needed for the new Convention Center that will
impact the city residents by promoting the City, which will generate additional visitor
spending in Irving.
selection method and evaluation criteria detailed in the ITB (see attached
spreadsheet).
5. The boom lift is an integral part of the routine day-to-day operations of the building
particularly in the exhibit hall, i.e., access to rigging points and power in exhibit hall
ceiling and for exterior window cleaning.
6. Funding in the amount of $69,180.00 is available in the Convention Center Bond
Fund.
Recommendation

27 Resolution -- Award of Homelessness Prevention and Rapid Re-Housing
Progam - State Subrecipient Contract to Legal Aid of Northwest Texas
1. This item supports Strategic Goal No. 2: Vital, vibrant neighborhoods.
2. Impact: This allocation provides legal services to Irving’s most vulnerable
population.
3. Acceptance of the Homelessness Prevention and Rapid Re-housing Program
(HPRP) grant from the Texas Department of Housing and Community Affairs
(TDHCA) was approved on August 5, 2009 (Res-2009-336) in the amount of
$1,000,000.00.
4. As part of the application to TDHCA, $60,000.00 was set aside for legal services.
This allocation was derived using an average of 3 hours per client, $100.00 per
hour, to allow for the assistance of 200 HPRP clients.
5. Legal Aid of Northwest Texas currently administers two legal services grants for
Irving residents: $26,000.00 in Community Development Block Grant funds and
$8,500 in Homelessness Prevention and Rapid Re-housing Program – Federal
grant funds. Legal Aid of Northwest Texas provides legal counseling for program
clients including assistance with evictions, foreclosure, tenant rights, and other
related legal issues.
6. This action formalizes the allocation to allow Legal Aid of Northwest Texas to
receive payment for services rendered to clients associated with the State HPRP
grant.
7. The Housing and Human Services Board recommended approval of the allocation
of State HPRP funds to Legal Aid of Northwest Texas at its August 18, 2010
meeting.
8. Funding in the amount of $60,000.00 is available in the Homelessness Prevention
and Rapid Re-housing Program – State Fund.
Recommendation
28 Resolution -- Approval of the Irving Arts Center’s Founders Fund Financial

Assistance Program Grant Agreement
1. This item supports Strategic Goal No. 7: Promote Excellence in Irving’s Cultural,
Recreational, and Educational Environments.
2. Impact: This agreement formalizes the grant award with a contract between the
City and the Irving Arts Center Founding Organizations.
Recommendation

29 Resolution -- Approving Amendments to the The Irving Arts Center’s
Operational Policies, Food and Beverage Section, and Approving the IAC
Catering Agreement to be Used by Caterers who Want to be Included on a
Preferred Catering List.
2. Impact: The proposed amendments will minimize the City’s exposure to risk
through adoption of professional food and beverage service standards.
(Approved as proposed by COI Risk Management, City Attorney, and Health
Division-Code Enforcement)
- Increase efficiency by reducing staff prep time for events
- Add additional revenue stream for IAC (estimated at 5-8% increase over
current year’s room rental income)
3. After extensive due diligence, benchmarking other facilities, and input from clients
and a task force of Arts Board members, the full Arts Board unanimously
recommends these changes to the City Council for their review and consideration.
Recommendation

Bids and Purchasing Items
Items 30 – 35
30 Resolution -- Approving Purchase Utilizing Grant Funds from Smiths

Detection for Haz-Mat Equipment for the Irving Fire Department through
General Services Administration (GSA) Program
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. This item has been recommended by Police.
3. Impact: The purchase of this specialized equipment enhances the City’s Haz-Mat
capabilities by providing the ability to detect various hazardous agents.
4. The City received a Metropolitan Medical Response System grant to enhance the
City’s Haz-Mat capabilities.
4. Funding in the net amount of $66,820.72 is available in the Metropolitan Medical
Response System Grant Fund.
Recommendation
31 Resolution -- Approving the Single Source Purchase from Physio-Control,

Inc., for LifePak 15 Defibrillator Units
2. This item has been recommended by Fire.
3. Impact: The City will continue to ensure that quality medical service is being
provided for Irving residents.
4. The Irving Fire Department’s extra ambulances are utilized by truck companies
when medical calls put a stress on our EMS system, better know as “Ambulance
Overloads”. The purchase of these monitors/defibrillator units will allow the extra
ambulances the capability to administer and monitor advanced life support when
responding to emergencies.
5. Funding in the net amount of $91,489.60 is available in the General Fund.
Recommendation

32 Resolution -- Renewing Annual Agreement with The University of Texas
Southwestern Medical Center at Dallas for Continuing Education Services
for Emergency Medical Technicians (EMTs) and Paramedics
3. Impact: These services ensure that all Irving Fire Department EMTs and
paramedics have the training hours required to meet State Certification.
4. This renewal establishes the continuation of an annual contract to provide
continuing education hours and training as defined by the Biotel EMS System and
UT Southwestern Medical Program.
5. Funding in the net estimated amount of $97,541.00 for the period of October 1,
2010, through September 30, 2011, is available in the General Fund.
Recommendation
33 Resolution -- Renewing an Interlocal Agreement with Dallas County Health

and Human Services for Control of Communicable Disease Services
3. Impact: Providing free preventive health services promotes a healthier lifestyle and
improved quality of life for Irving residents.
4. This renewal establishes the continuation of an annual contract to provide control of
communicable disease services. This contract includes services for tuberculosis
control, sexually transmitted diseases, laboratory tests, immunizations, and well-
baby exams.
5. As part of the contract, the City provides space at 440 N. Nursery Road for clinical
operations for this program, in which approximately 16,771 residents received
services in 2009. In addition to the amount awarded to Dallas County, the leased
space is valued at $22,912.50 annually and the actual utility cost for the previous 12
month period was $7,611.00.
Recommendation

34 Resolution -- Renewing Annual Contract with The University of Texas
Southwestern Medical Center at Dallas for Medical Direction and Quality
Assurance Services for Emergency Medical Technicians (EMTs) and
Paramedics
3. Impact: By operating under the medical license and guidance of a qualified
physician, the paramedics of the Irving Fire Department can provide the highest
level of quality patient care for the community. The use of a quality assurance
program provides the necessary feedback to meet this important goal.
4. This award establishes an annual contract for the continuation of providing medical
direction and quality assurance services required for the Fire Department to comply
with Texas Department of Health EMS recertification rules. These services are for
all paramedics and EMTs authorized for clinical performance in the UT
Southwestern Medical Program and the BioTel EMS system.
5. Funding in the net amount of $5,293.14 for the period of October 1, 2010, through
September 30, 2011, is available in the General Fund.
Recommendation
35 Resolution -- Renewing Annual Contract with Dyna Pak Corporation for

Polyethylene Refuse and Recycling Bags
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. This item has been recommended by Solid Waste Services.
3. Impact: Refuse and recycling bags provide residents with a convenient and
inexpensive way to dispose of household garbage and recyclables.
4. This renewal establishes the continuation of an annual contract to provide refuse
and recycling bags which are sold to City residents at cost plus sales tax for outdoor
pickup of refuse. There will be no additional cost to residents purchasing bags from
the City. The original contract was awarded on the basis of competitive bids.
2010, through September 30, 2011, is available in the Inventory Fund.
Recommendation
End of Bids

36 Ordinance -- Amending Chapter 24 Entitled "Offenses - Miscellaneous" of
the Code of Civil and Criminal Ordinances of the City of Irving Adding
Article VIII. Illegal Smoking Products to Prohibit the Use, Purchase,
Possession, and Sale of Illegal Smoking Products Containing Certain
Plant, Plant Products or Derivatives, Chemical Compounds Applied to
Plants, and Plant Products and Their Derivative or Other Substances, and
Ingestion Devices Used in Connection with the Illegal Smoking Products
2. Impact: This ordinance will prohibit the sale, use and transfer of certain dangerous
compounds that are being sold for human consumption in the City of Irving.
3. Several substances created to mimic the effects of marijuana, which are not
otherwise prohibited, are being sold and possessed in the City of Irving.
4. This ordinance will identify these substances and prohibit the sale, possession or
transfer of these substances, in order to protect the public from adverse health
effects of these drugs.
Recommendation
The ordinance be adopted.
37 Ordinance -- First Reading - Amending Chapter 52 Entitled “Water and

Sewer Rates” of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates
2. Impact: Revenue projections under current rates are not sufficient to meet
debt coverage requirement goals. In order to provide for the operational
needs of the water and sewer system and meet commitments made to rating
agencies, staff recommends a 5.1% adjustment to both water and sewer rates.
3. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
4. A fee of $2.25 is recommended to cover the cost of service for the providing
duplicate municipal services bill statements.
Recommendation

38 Ordinance -- First Reading - Approving an Agreement Between the Atmos
Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division
Regarding the Company’s Rate Review Mechanism Filing, Steel Pipeline
Replacement Program, and Continuation of the Rate Review Mechanism
2. Impact: Approval of the ordinance will implement a negotiated settlement with
Atmos Energy Corp.
3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a
settlement addressing the Company's third Rate Review Mechanism (RRM) filing.
4. After review of the ACSC settlement team, it was determined that the evidence
supported a $27 million increase over current rates, and not the $70.2 million
proposed by the Company.
5. The outcome of this settlement is equal to or better than the outcome expected from
a lengthy contested case proceeding, and maintains cities' role as a regulator of
natural gas rates.
6. Ordinance approval also includes an additional authorized $3.4 million for
replacement costs of steel pipelines throughout the Atmos service area.
7. The monthly bill impact for the average residential customer will be a $1.40
increase (about a 3.15% increase in the total bill).
8. Approval of the ordinance would continue the RRM process for another two years.
Recommendation

ZONING CASES AND COMPANION ITEMS
39 Resolution -- Approving Special Sign Permit Case No. S1007-0074 to Allow
Two Digital Signs at 7660 N. MacArthur Boulevard - North Dallas Bank &
Trust Co., Applicant/Owner
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit would enhance the visibility of an established
business wishing to replace a pole sign with new signage due to the growth of trees
and other landscaping on the site.
3. North Dallas Bank & Trust Company is wishing to remove an existing pole sign at
the southern end of the property along North MacArthur Blvd. They seek approval
to install a digital sign at the southern entrance and an additional digital sign at the
corner of North MacArthur and Las Colinas Blvd.
4. The applicant is concerned that the bank’s ability to inform the community about
their goods and services will be challenged due to the growth of the existing trees
and other landscaping.
5. The proposed monument signs are 7 feet tall, with a 2.4’ X 11.2’ (26.88 sq. ft.)
electronic message sign, and will be set back approximately 8 feet from the
property line on North MacArthur Blvd. and 12 feet from the property line at North
MacArthur and Las Colinas Blvd. The sign cabinets will utilize an architecturally
finished aluminum cabinet painted to match the building. Overall, the cabinet’s
design complements the architecture of the main building.
6. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a monochromatic
message board and does not display full color or video images.
7. The proposed digital signs and their locations do not create a traffic visibility issue
and will not adversely affect the surrounding properties.
8. The sign design review committee has reviewed this request and recommends
approval.
Recommendation

40 Ordinance -- Zoning Case #ZC10-0030 - Granting S-P-2 (Generalized Site
Plan) for R-7.5 (Single Family) District Uses - Approximately 1.644 Acres
Located at 1412 East Union Bower Road - JDJR Engineers and
Consultants, Inc., Applicant - Carole Bogart, Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
August 2, 2010 - Favorable 5-2 with the stipulation that the site plan be corrected
per the staff recommendation (Commissioners Allen and Fischer, nay;
Commissioners Palmer and LaRose, absent).
3. The applicant is requesting to rezone the property to redevelop the site with six (6)
new single family homes.
4. The Comprehensive Plan recommends Low Density Residential uses for this
property. This request is in conformance it the Comprehensive Plan.
5. The property is currently developed with a single family home. The applicant is
seeking to redevelop the property with six (6) new single family homes.
6. This property is currently zoned R-7.5 which would typically allow 7500 sq. ft. lots.
Prior to last year, this property could have been platted as proposed by the
applicant without the need for a public hearing. However, in September 2009 the
City Council approved the “neighborhood protection ordinance,” an amendment to
the Subdivision Ordinance that requires rezoning whenever a plat or replat for
single family uses proposes to create lots that are less than 80% of the area of the
adjacent developed lots or tracts. This provides an opportunity for neighborhood
input and City Council discretion when these infill development opportunities occur.
7. The applicant is proposing lot sizes ranging from 9,084 square feet to 12,059
square feet, with an average lot size of 10,154 sq. ft. The surrounding lots and
tracts range from 9,900 to 38,715 square feet. Since the average proposed lot size
is less than 80% of the average lot size of the existing adjacent lots as defined by
the ordinance, rezoning is required prior to platting the property.
8. The notes on the site plan require the following standards:
• The minimum house size shall be 2,200 square feet, which is consistent with the
average home size of the surrounding lots;
• Exterior facades, excluding windows and doors, shall be a minimum of 80%
masonry;
• A minimum two (2) car garage with a minimum of 400 square feet will be
required for each residence. A minimum of 2 additional off-street parking spaces
shall be provided behind the front property line;
• A minimum of 50% of the required front and side yard areas adjacent to any
street shall be covered with grass, ground cover or other natural vegetation;
• Maximum lot coverage by buildings, driveways and parking shall be 60%;
• Minimum roof pitch shall be 5:12; and
• A minimum of one (1) four inch caliper tree shall be provided in the front yard of
each lot. Should there be an existing tree (4” caliper or larger) that remains in
the front yard, no new tree will be required.

9. Platting is required prior to development.
10. Since the proposed lot sizes are consistent with the sizes of the surrounding platted
lots, and the proposed minimum house size is consistent with the average size of
homes in the surrounding area, staff can support this request.
11. The stipulation of the Commission has been met.
12. Public notices were sent to thirty-nine (39) property owners, with 11 letters and a
petition with 19 signatures in support, and 111 letters and 2 emails in opposition
received. The opposition represents 57.12% of the property within 200 feet. A ¾
vote of the City Council is required for this case to be approved.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
APPOINTMENTS AND REPORTS

41 Resolution -- Appointment to the Convention Center Community Opening
Events Task Force
1. This item supports Strategic Goal No. 3: Economic Development and Goal 6:
Effective Communication.
2. Impact: This committee’s work with the ICVB Board of Directors will assure
community outreach relative to the opening of the Irving Convention Center by
extending the resources of the ICVB Board and staff during this time.
3. On April 1, the City Council appointed seven members to the Task Force which will
focus on the following: Convention Center Community Outreach, Community-
Oriented Grand Opening Events and Volunteer Opportunities.
4. This item appoints an additional member to this Task Force.
5. The term of these appointments will conclude no later than March 31, 2011.
Recommendation
42 Mayor’s Report
43 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.

1
AGENDA ITEM SUMMARY – PUBLIC INPUT HEARING
Meeting: 9/9/2010 DOC ID: 3548

Recommending Department: Budget & Compensation
Public Hearing -- Public Input Hearing on the 2010-11 City of Irving Fiscal
Year Budget
DISCUSSION:
1. This item supports Strategic Goal No.8: Sound Governance.
2. Impact: This public hearing gives the Irving taxpayers an additional opportunity to
comment on next year’s budget.
3. The Fiscal Year 2010-11 City Budget is scheduled to be adopted on September 23,
2010.
Recommendation
Receive public input and council input regarding the FY2010-11 budget.
ATTACHMENTS:
REVISION INFORMATION:
Prepared: 8/25/2010 12:16 PM by Shelle Womack
Last Updated: 8/31/2010 08:31 AM by Shelle Womack
Packet Pg. 26
WORK SESSION MEETING OF THE IRVING CITY COUNCIL
MEETING MINUTES
August 4, 2010
The Irving City Council met in work session August 4, 2010. The following members were
present/absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
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
Mayor Herbert Gears called the meeting to order at 11:08 a.m.
DISCUSSION TOPIC
1 Introduction of City Council Cycle Participants
Linda Murray, Executive Assistant, introduced the following City Council Cycle
participants:
John R. Page, Parks & Recreation Supervisor
Derrick Thompson, Publication Specialist
2 Review of Regular Agenda

There is no operations update at today’s meeting.
5 Resolution -- Approving an Interlocal Agreement for Security and Peace Officer

Services Between the City of Irving and the Irving Independent School District
(IISD) to Maintain the School Resource Officer Program at IISD Campuses
Mayor Gears requested staff to look at ways to reduce the cost to the school
districts for some of the services provided by the City, such as the school
resource officer, etc.
9 Resolution -- Approving an Economic Incentive Agreement Between the City of

Irving, Texas and Texas Wasatch Insurance Services, LP
Max Duplant, Chief Financial Officer, provided information regarding the details
of the Economic Incentive Agreement between Irving and Texas Wasatch
Insurance Services.
City Council Work Session
August 4, 2010
13 Resolution -- Authorizing the Mayor to Execute a Second Amended and

Restated Entertainment Center Development Agreement with Las Colinas
Group, LP
Brenda McDonald, Real Estate & Development Director, briefed the Council
regarding the changes to the Entertainment Center development agreement with
Las Colinas Group, LP.
14 Resolution -- Authorizing the Mayor to Execute a Second Amended and

Restated Entertainment Center Lease Agreement with Las Colinas Group, LP
Brenda McDonald, Real Estate & Development Director, briefed the Council
regarding the lease modification.
21 Resolution -- Approving and Accepting the Bid of Adcon Signs, Inc., for the
Fabrication and Installation of Wayfinding Signs
Melissa Baker, Senior Management Analyst, provided a brief overview of the

Wayfinding Signs, how the locations were established for placement of the
signs, sign design as well as reimbursement of the signs.
36 Resolution -- Approving Appointments to the Board of Directors of the North

Texas Transportation Authority
Rose Cannaday, Mayor Pro Tem, described the need to reinstate the North
Texas Transportation Authority, which would be comprised of the Mayor and the
Planning & Development Committee members. Current members include: Rick
Stopfer, Chairperson, Rose Cannaday, Mike Gallaway, and Allan Meagher.
39 Resolution -- Memorandum of Agreement with the City of Dallas for Wholesale

Treated Water Rate-Setting Methodology
Todd Reck, Water Utilities Director, described the water rate-setting

methodology.
Council recessed at approximately 1:26 p.m.

Council reconvened at approximately 2:07 p.m.
3 Dallas/Fort Worth International Airport Future Land Use Plan
John Terrell, Vice President for Commercial Development for D/FW Airport, briefed the
Council on the D/FW International Airport’s future land use plan, to include the land
leasing policy, terms and priorities as well as economic impact studies. Studies that
were conducted included airside operations, floodplains, future thoroughfare plans,
utilities, adjacent land uses coordinated with surrounding municipalities, and
topography and soil characteristics. He noted that there is approximately 6,600 acres of
developable land, more than 5,200 gross acres of property will emerge into multiple
centers of development, and 12,000 acres are to be maintained for core business of
2
August 4, 2010
aviation, to include runways, taxiways, aviation-related uses, cargo development and

aviation maintenance facilities.
4 Drainage Improvements - Delaware Creek Update

Casey Tate, Capital Improvement Program Director, described the drainage
improvements at Delaware Creek.
5 Park Improvements - Campion Trails

Casey Tate, Capital Improvement Program Director, gave an overview of the
improvements to Campion Trails.
6 After School Programming

Chris Michalski, Parks & Libraries Director, presented the City’s after school programs
available to the community.
7 Free and Affordable Programs

Chris Michalski, Parks & Libraries Director presented free and affordable programs that
the City provides to residents such as Library programs and parks and recreation
outlets.
EXECUTIVE SESSION
Council convened into executive session pursuant to Section 551.071 of the Texas Local
Government Code at approximately 3:00 p.m.
8 Legal Advice - Macart LTD d/b/a MacArthur Square Apartments v. City of Irving
Texas Open Meetings Act § 551.071
9 Legal Advice - Entertainment Center Financing

10 Personnel - City Secretary

Council reconvened from executive session at approximately 4:30 p.m.
The meeting was adjourned at 4:30 p.m.
___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Shanae Jennings, TRMC
Acting City Secretary
3
REGULAR MEETING OF THE IRVING CITY COUNCIL
MEETING MINUTES
August 5, 2010
~
The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, August 5, 2010 at 7:12 p.m. The following members were
present/absent:

Joe Philipp Irving City Council Councilman Absent
ORGANIZATIONAL SERVICE ANNOUNCEMENTS
There were no organizational service announcements made at tonight’s meeting.
INVOCATION
The invocation was delivered by Councilman Lewis Patrick.
PLEDGE OF ALLEGIANCE
Councilman Patrick led those present in the pledge.
PROCLAMATIONS AND ANNOUNCEMENTS
There were no proclamations or announcements made at tonight’s meeting.

.
Fire Chief Molina invited all the residents to join with the IISD and the Mayor’s Office in
a project to assist in gathering school supplies for all students.
CITY COUNCIL AGENDA

Chris Michalski, Director of Libraries and Parks, introduced the following videos: City
Operations Update, After School Programs, and Free and Low Cost Programs (Overall
quality of life video).
City Council Meeting
August 05, 2010
CONSENT AGENDA
Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer to approve consent

agenda items 2-35.
Motion approved 8-0.
2 Approving Minutes for Tuesday, July 20, 2010
3 Approving Minutes for Wednesday, July 21, 2010
4 Approving Minutes for Thursday, July 22, 2010

5 Resolution No. RES-2010-198 -- Approving an Interlocal Agreement for
Security and Peace Officer Services Between the City of Irving and the
Irving Independent School District (IISD) to Maintain the School Resource
Officer Program at IISD Campuses
RESULT: ADOPTED [UNANIMOUS]

MOVER: Rose Cannaday, Councilwoman
SECONDER: Rick Stopfer, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Cannaday, Santoscoy,
Gallaway
ABSENT: Joe Philipp
6 Resolution No. RES-2010-199 -- Approving an Interlocal Agreement for Security

and Peace Officer Services Between the City of Irving and the Carrollton-
Farmers Branch Independent School District (C-FBISD) to Maintain the School
Resource Officer Program at C-FBISD Campuses Located in the City of Irving
2
August 05, 2010

Gallaway
ABSENT: Joe Philipp
7 Resolution No. RES-2010-200 -- Authorizing the Mayor to Execute an

Amendment to the Interlocal Participation Agreement between the City of Irving
and Public Employee Benefits Alliance to Participate in Retiree Medical
Insurance, Approved by Irving City Council Resolution No. 1-5-07-033.

Gallaway
ABSENT: Joe Philipp
8 Resolution No. RES-2010-201 -- Approving Reimbursement Application for

Early Retiree Reinsurance Program of the Department of Health and Human
Services and Authorizing the Mayor to Execute any Necessary Documents
Related to the Program and if Approved by Health and Human Services Accepts
Funds.

Gallaway
ABSENT: Joe Philipp
9 Resolution No. RES-2010-202 -- Approving an Economic Incentive Agreement

Between the City of Irving, Texas and Texas Wasatch Insurance Services, LP
3
August 05, 2010

Gallaway
ABSENT: Joe Philipp
10 Resolution No. RES-2010-203 -- Nominating Health Management Systems, Inc.

to the Office of the Governor, Economic Development and Tourism through the
Economic Development Bank for Designation as a Qualified Business and an
Enterprise Project Under the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code

Gallaway
ABSENT: Joe Philipp
11 Resolution No. RES-2010-204 -- Approving Settlement of a Lawsuit with Shin

Ho “Sam” Kim D/B/A Texas Lunch Box and Purchase of Property Located at
1923 Senter Road

Gallaway
ABSENT: Joe Philipp
12 Resolution No. RES-2010-205 -- Approving First Amendment to Option

Agreement with Kiamichi Railroad Company, L.L.C., and Approving the
Extension of the Option for an Additional Two Years
4
August 05, 2010

Gallaway
ABSENT: Joe Philipp
13 Resolution No. RES-2010-206 -- Authorizing the Mayor to Execute a Second

Amended and Restated Entertainment Center Development Agreement with Las
Colinas Group, LP

Gallaway
ABSENT: Joe Philipp
14 Resolution No. RES-2010-207 -- Authorizing the Mayor to Execute a Second

Amended and Restated Entertainment Center Lease Agreement with Las
Colinas Group, LP

Gallaway
ABSENT: Joe Philipp
15 Resolution No. RES-2010-208 -- Approving an Agreement Between the City of

Irving and HillCo Partners for Legislative Services
5
August 05, 2010

Gallaway
ABSENT: Joe Philipp
16 Resolution No. RES-2010-209 -- Change Order No. 6 to the Construction

Management at Risk (CMAR) Contract Between Austin Commercial, L.P., and
the City of Irving, Texas for the Irving Convention Center

Gallaway
ABSENT: Joe Philipp
17 Resolution No. RES-2010-210 -- Change Order No. 7 to the Construction

Management at Risk (CMAR) Contract Between Austin Commercial, L.P., and
the City of Irving, Texas for the Irving Convention Center

Gallaway
ABSENT: Joe Philipp
18 Resolution No. RES-2010-211 -- Renewing Annual Contracts with GT

Distributors, Inc., for Police Ammunition
6
August 05, 2010

Gallaway
ABSENT: Joe Philipp
19 Resolution No. RES-2010-212 -- Approving Purchase from Waukesha-Pearce

Industries, Inc., for a Standby/Emergency Generator for the Criminal Justice
Center through the Houston-Galveston Area Council of Governments (H-GAC)
Interlocal Cooperative Purchasing Program

Gallaway
ABSENT: Joe Philipp
20 Resolution No. RES-2010-213 -- Renewing the Annual Contract with IESI TX

Corporation for the Sale of Capacity at the Hunter Ferrell Landfill

Gallaway
ABSENT: Joe Philipp
21 Resolution No. RES-2010-214 -- Approving and Accepting the Bid of Adcon

Signs, Inc., for the Fabrication and Installation of Wayfinding Signs
7
August 05, 2010

Gallaway
ABSENT: Joe Philipp
22 Resolution No. RES-2010-215 -- Approving a Discretionary Service Agreement

Between the City of Irving and tw telecom of texas llc for Undergrounding and
Relocation of Communications Utilities Along State Highway 348 (Northwest
Highway) between Riverside Drive and the Irving Convention Center

Gallaway
ABSENT: Joe Philipp
23 Resolution No. RES-2010-216 -- Approving and Accepting the Proposal of

Chase Equipment Finance Inc., for Lease Purchase Financing of Two Pumper
Trucks

Gallaway
ABSENT: Joe Philipp
24 Resolution No. RES-2010-217 -- Approving the Amendment of the Contract

Between the City of Irving and Grant Thornton, LLP, for Professional Auditing
Services
8
August 05, 2010

Gallaway
ABSENT: Joe Philipp
25 Resolution No. RES-2010-218 -- Approving the Purchase from Dell Marketing,

L.P., for Dell Servers through the State of Texas Department of Information
Resources (DIR) Program

Gallaway
ABSENT: Joe Philipp
26 Resolution No. RES-2010-219 -- Renewing the Annual Contract with AT&T for
Existing and New Communication Services

Gallaway
ABSENT: Joe Philipp
27 Resolution No. RES-2010-220 -- Renewing the Annual Contract with Sprint

Solutions, Inc., for Broadband Wired Line Services
9
August 05, 2010

Gallaway
ABSENT: Joe Philipp
28 Resolution No. RES-2010-221 -- Approving and Accepting the Bid of Bauhaus

Interiors Group for Office Furniture for the Irving Convention Center

Gallaway
ABSENT: Joe Philipp
29 Resolution No. RES-2010-222 -- Approving and Accepting the Bids of Mity-Lite,

Inc.; MTS Seating; and Sico America, Inc., for Miscellaneous Furniture for Irving
Convention Center

Gallaway
ABSENT: Joe Philipp
30 Resolution No. RES-2010-223 -- Approving Purchase from Clarin for Folding

Chairs for the Irving Convention Center, through the Texas Multiple Award
Schedule (TXMAS) Local Government Statewide Cooperative Purchasing
Program
10
August 05, 2010

Gallaway
ABSENT: Joe Philipp
31 Resolution No. RES-2010-224 -- Approving and Accepting the Bid of Irwin

Telescopic Seating Company for Telescopic Seating/Risers for Irving Convention
Center

Gallaway
ABSENT: Joe Philipp
32 Resolution No. RES-2010-225 -- Approving and Accepting the Bid of Sico

America, Inc., for Staging/Risers for Irving Convention Center

Gallaway
ABSENT: Joe Philipp
33 Resolution No. RES-2010-226 -- Approving and Accepting the Bid of Equipment

Depot for Material Handling Equipment for Irving Convention Center
11
August 05, 2010

Gallaway
ABSENT: Joe Philipp
34 Resolution No. RES-2010-227 -- Rejecting Proposals for the Energy Provider

for Irving Convention Center

Gallaway
ABSENT: Joe Philipp
35 Resolution No. RES-2010-228 -- Approving and Accepting the Proposal of EAB

Corporation dba The Barber Shop Marketing for Advertising and Marketing
Services for the Genghis Khan Exhibit

Gallaway
ABSENT: Joe Philipp
INDIVIDUAL CONSIDERATION
36 Resolution No. RES-2010-229 -- Approving Appointments to the Board of

Directors of the North Texas Transportation Authority
12
August 05, 2010
Motioned by Councilman Patrick, seconded by Councilman Santoscoy to
approve the following appointments to the Board of Directors of the North Texas
Transportation Authority:
Councilman Mike Gallaway to a term expiring October 1, 2011.
Councilwoman Rose Cannaday and Councilman Allan Meagher to terms expiring

October 1, 2012.
Mayor Herbert Gears and Councilman Rick Stopfer to terms expiring October 2,
2013.

MOVER: Lewis Patrick, Councilman
SECONDER: Roy Santoscoy, Councilman
Gallaway
ABSENT: Joe Philipp
37 Resolution No. RES-2010-230 -- Awarding a Contract to SAK Construction,

LLC, for Rehabilitation of Hackberry Creek Interceptor Trunk Sewer Project
Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer to

award a contract to SAK Construction, LLC, for rehabilitation of Hackberry Creek
interceptor trunk sewer project.

Gallaway
ABSENT: Joe Philipp
38 Resolution No. RES-2010-231 -- Approving Change Order No. 2 to EMJ

Corporation for the Construction of West Irving Library
13
August 05, 2010
Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer to
approve Change Order No. 2 to EMJ Corporation for the construction of West
Irving Library.

Gallaway
ABSENT: Joe Philipp
39 Resolution No. RES-2010-232 -- Memorandum of Agreement with the City of

Dallas for Wholesale Treated Water Rate-Setting Methodology
Motioned by Councilwoman Cannaday, seconded by Councilman Patrick to

approve a memorandum of agreement with the City of Dallas for wholesale
treated water rate-setting methodology.

SECONDER: Lewis Patrick, Councilman
Gallaway
ABSENT: Joe Philipp
APPOINTMENTS AND REPORTS
40 Mayor’s Report
There was no report given at tonight’s meeting.
41 Adjournment
The meeting adjourned at approximately 7:22 p.m.
14
August 05, 2010
Citizens’ Forum
Dr. Gabriel Bach, 5001 N. MacArthur Boulevard, Irving, TX - Mr. Bach spoke to the
Council tonight regarding mentoring and thanked those who come and speak to his
classes regularly. He also congratulated the new Council members on being elected.
Finally, he spoke regarding the desire to have his classes continue mentorships with the
Council and how he would like to see staff at City Hall, as well as Council, continue to
forge mentorships and support internships with his government class.
ATTEST:

15
BUDGET RETREAT OF THE IRVING CITY COUNCIL
MEETING MINUTES
August 19-20, 2010
The Irving City Council met in budget retreat in the Council Conference Room of the City Hall
Complex on August 19-20, 2010. The following members were present / absent:

Mayor Gears convened the meeting at 9:25 a.m. on Thursday, August 19, 2010.
Thursday, August 19
8:00 A. M. Breakfast
9:00 A. M. First Floor City Council Conference Room
A. Budget and Strategic Plan Overview And 2010-11 Outlook
Tommy Gonzalez, City Manager, presented the overview of the budget as
presented to the Mayor and Council in accordance with the Home Rule Charter.
He addressed the impact of the economy on the budget, but how this budget still
addresses the needs of the customers.
Mr. Gonzalez noted the following: for FY 09-10 and 10-11 major General Fund
Revenues have declined by $20.2 million. Property Taxes are down $10.3
million, Sales Taxes are down $5.0 million, Electric Franchise is down $2.4
million, Zoning and Development Fees are down $1.0 million and Interest
Income is down $1.5 million. Moving forward the city will maintain current levels
of service, reduce costs of service delivery, focus on the community’s priorities,
continue lean six sigma and other productivity tools, incentivize employees to
take on additional duties, create new programs, identify ways to reduce
operating expenses, and maintain or increase customer service ratings.
Councilman Phillip requested a summary of the 100 awards received by the City
so that it can be celebrated. He also requested a summary of the new home
construction revenue plus ad volorem from 2009 as well as going forward to
2010-2011.
Councilman Gallaway requested further detail from the City Manager on

information contained within his introductory letter on offsetting costs.
Councilman Farris questioned the employees’ step increases and what

“deferred” increases meant. City Manager Tommy Gonzalez indicated that it
was the desire to move towards an incentive driven organization, with items
August 19, 2010
such as IWIN. Deferred increases have been a focus so that there are no pay
decreases or furloughs at this time. Deferral is proposed because the idea of
giving increases is not totally being forgone.
Council discussed whether deferred increases were a good idea or not; several
different ideas and thoughts were addressed and reviewed.
B. FY 2009-10 Results - video

Bret Starr, Assistant Chief Financial Officer, introduced the 2009-2010 results
video for the City of Irving.
C. Review Of All Fund Revenues and Expenditures For FY 2010-2011
Bret Starr, Assistant Chief Financial Officer, reviewed revenue and expenditures
in all funds. He indicated that the impact of the national recession on Irving
revenues looks to be prolonged, for two to three years, with additional reduction
in revenues and a lack of significant new development and growth.
The budget in FY 08-09 was funded at $183.3 million and the budget for FY 10-
11 is being funded at $168.5 million. There has been no tax rate adjustment for
2008, 2009 or 2010. The proposed rate keeps a portion of the Effective Rate
with no use of reserves.
This year’s FY 10-11 budget gap was $20 million. There was a revenue
decrease of $13.7 million and a base budget increase of $6.3 million, which
included health insurance, retirement rate increases and salary and special pay
increases. Currently, there are 91 vacant positions that have been eliminated
since 2006 and an additional 62 positions held vacant, which has provided a $4
million annual savings to the General Fund.
Budget balancing strategies have included holding all general fund vacancies,
deferring step increases for one year, deferring market adjustments, shifting
insurance costs to increase employee contributions, deferring all non-critical
capital and replacement transfers, reducing supplies, maintenance, contractual
services and other departmental budgets to balance the budget and further
budget cuts would come from reductions in service.
In lieu of all of the above, the current year budget remains balanced with
expenditure savings and revenue reductions. For FY 2010-11 the city has a
structurally balanced budget with minimal impact to service levels and non-
critical maintenance and capital deferred. Looking ahead for FY 2011-12 the
budget is already under development, with staff looking at a five year financial
forecast and department needs assessments being conducted consistently.
Council recessed at approximately 12:00 p.m.

Council reconvened at approximately 1:11 p.m.
The Council asked if there would be any efficiencies to be gained by combining

resources together for the Arts Center and the new impending Museum.
2
August 19, 2010
Councilman Lewis asked what was in place that requires the Entertainment
Venue to be under the same 60/40 law that the City as a whole is under.
Brenda McDonald, Director of Real Estate and Development, indicated that the
restaurants in the venue are required to abide by the 60/40 ratio. Since the city
owns the venue the lease doesn’t contemplate a revocation of a certificate of
occupancy, instead if contemplates a $50,000 penalty if they are out of
compliance. In conclusion, the restaurants are subject to the same 60/40
ordinance that the rest of the city’s restaurants are; however, the penalties differ
slightly.
Mr. Starr concluded that the recession will likely continue to affect city revenues
for the next two to three years. Expenditure reductions and cost savings have
partially offset the need for revenue increases, tax rate and water rate
adjustments are necessary to maintain current levels of service and finance
necessary capital improvements, and only further revenue reductions will require
reductions in services. FY 2010-11 is structurally balanced, and adopting a rate
that is a portion of the effective rate will also begin to address shortfalls in the FY
2011-2012 budget.
D. Strategic Plan Initiatives
1. DISCUSSION: STRATEGIC GOAL #1 - Promote Excellence in Land Use
and the Image of Irving’s Built and Natural Environment
- Planning and Inspections
Steve Reed, Planning Manager, presented Goal #1. Mr. Reed indicated that the
resident survey showed an increase in overall quality of life, showed Irving as a
good place to work and indicated improvement on the appearance of the city in
general since 2006. In addition to continuing work on the previous year’s goals,
a focus will continue to be placed on enhancement to O’Connor Road,
MacArthur Boulevard and Irving Boulevard.
Councilman Philipp expressed discontent with the progress made on Heritage

Crossing as expressed by a lack of meetings that have been conducted by the
members appointed to the Heritage Crossing Committee.
Paul Gooch, Community Services Director, provided an update of what is

occurring with the advisory group as well as progress for the Heritage Crossing.
The group is working with Delbert McDougal regarding the loans as well as
some prospective companies. It is taking an amount of time to aggregate land
and they are focused on selling and developing nine tracts. This would include
retail, restaurants, supply type stores and housing. He recommended a
benchmark of the progress be brought to Council in December.
Councilman Lewis requested that funding not be cut for the Planning & Zoning
Commission to attend the annual APA Conference.
3
August 19, 2010
The meeting recessed at approximately 5:23 p.m., to be reconvened on August 20, 2010.
Friday, August 20
Mayor Gears called the meeting to order at 8:45 a.m.
I. Continuation of Budget Discussion Items
2. DISCUSSION: STRATEGIC GOAL #2- Nurture and Promote Vital, Vibrant

Neighborhoods
- Code Enforcement
- Housing and Human Services
Mike Edwards, Multi-Family Supervisor, presented Goal #2.

Goals for this year focus on elevating residential and commercial code
enforcement, enhancing multifamily programs, improving building standards
program results, enhancing the health inspection program, expanding
community outreach programs, improving customer service delivery, advancing
Phase I of Tudor Lane, providing housing initiatives that promote
homeownership, supporting programs to combat poverty and homelessness,
improving the home restoration program and ensuring compliance, with efficient
and effective expenditure and reimbursement of all program funds.
3. DISCUSSION: STRATEGIC GOAL #3 - Cultivate an Environment Conducive

to Strong, Successful Economic Development to Enhance and Diversify
Irving’s Economic Base
- Economic Development
- Irving Convention and Visitors Bureau
Max Duplant, Chief Financial Officer, presented Goal #3.

Goals for this year focus on completing the construction and initiating operations
of the Convention Center, ensuring Irving’s Economic Development Incentive
policies and offers are competitive, preparing Texas Stadium for site
redevelopment, promoting SH 183 Corridor redevelopment, promoting
redevelopment of the Irving Boulevard Corridor, promoting redevelopment of
downtown Irving, retaining Irving’s existing, targeted businesses, maintaining
strong relations with commercial real estate brokers and site selection
consultants, maintaining a business resource center in North Lake College’s
Irving South Campus, implementing strategies identified in retail analysis,
communicating Irving’s economic development priorities to the business
community, and improving speed-to-market development processes.
4. DISCUSSION: STRATEGIC GOAL #4 - Set the Standard for a Safe and

Secure City
- Police
- Fire
- Municipal Court
- Animal Services
4
August 19, 2010
Larry Boyd, Police Chief, presented Goal #4.

Goals for this year focus on developing and implementing tactics specifically
focused on reducing crime, reducing crime and increasing quality of life in
multifamily communities, expanding community outreach to improve quality of
life and reduce crime, providing volunteer and educational opportunities to
enhance residential safety, analyzing and implementing tactics to reduce
accidents and enhance motorist safety, monitoring effectiveness of red light
cameras and evaluating new locations, enhancing the ability of Police, Fire and
Municipal Court to perform critical functions, increasing the animal adoption rate,
streamlining and improving efficiencies of animal shelter operations, increasing
the number of adopted animals that are sterilized, increasing the warrant
clearance rate, developing and implementing a comprehensive fire prevention
education plan, developing and implementing a comprehensive fire code
enforcement plan, enhancing the City’s ability to promote disease/injury
prevention and encourage healthy living of residents, sustaining emergency
units in service and in district, and maximizing staffing resources.
5. DISCUSSION: STRATEGIC GOAL #5 - Promote and Support Diversity in

the Community
Mario Molina, Fire Chief presented Goal #5.

Goals for this year focus on conducting outreach activities to increase civic
engagement, developing initiatives to encourage citizen involvement, and
conducting educational outreach to increase minority and women-owned
business participation.
6. DISCUSSION: STRATEGIC GOAL #6 - Promote Effective Communication

Among All Members of the Community
- Corporate Communications
- Information Technology
Susan Rose, Community Outreach Manager, presented Goal #6.

Goals for this year focus on increasing promotion of ICTN programming,
implementing the new city logo, expanding “voice of customer” opportunities,
boosting the city/chamber communication partnership, developing effective
communication tools/resident survey, strengthening online services and the city
website, expanding social networking opportunities, implementing non-
emergency communications for notification, enhancing educational opportunities
for city staff, redesigning the Inside Irving newsletter, creating a graphics design
team to coordinate citywide standards, improving relationships with key media
contacts and creating a media spokesperson resource pool, and developing well
informed neighborhood association officers.
7. DISCUSSION: STRATEGIC GOAL #7 - Promote Excellence in Irving’s

Cultural, Recreational and Educational Environments
- Parks and Recreation
5
August 19, 2010
- Library Services
- Irving Arts Center
- Museum
Chris Michalski, Parks & Libraries Director, presented Goal #7.

Goals for this year focus on optimizing the number of events, programs and
services provided by the Arts Center, optimizing number of programs and
services provided by granting program, expanding the use of Art Center
facilities, increasing revenues generated by Art Center facility rentals,
developing and increasing new revenue generation opportunities, developing
library services that engage the various cultures of the community, continuing to
expand partnerships between the libraries and recreation, implementing an
urban forestry program, restructuring the organization for service delivery and
efficiencies to meet the new master plan, developing a comprehensive
marketing campaign for current and future library services, expanding program
offerings for disabled persons through the creation of new partnerships,
planning, designing and implementing construction of new high-quality park
improvements, developing plans and identifying funding resources to secure the
continuation of Campion Trails and exploring design alternatives for
development of a city historic museum.
8. DISCUSSION: STRATEGIC GOAL #8 - Set the Standard for Sound

Governance, Fiscal Management, and Sustainability
- Mayor and Council
- City Secretary’s Office
- City Manager’s Office
- Financial Services
- Customer Service - Water Utilities
- Non-Departmental
- Strategic Resources
- City Attorney’s Office
- Information Technology
Sheila Hupp, Management Operations Assistant Director, presented Goal #8.

Goals for this year focus on protecting the City’s financial integrity and credit
worthiness, promoting transparent open government, enhancing the quality of
decision making with legal support and analysis, implementing leading-edge
practices for achieving quality and performance excellence, streamlining and
improving staff efficiencies through technology, providing strategic management
and promoting efficiencies through fleet services, implementing programs to
recruit and retain a qualified and diverse workforce, providing learning
opportunities and maximizing employee development and leadership,
developing and implementing cost containment strategies for employee benefits,
ensuring a competitive and comprehensive benefits package, implementing
programs to reduce organizational risks, developing partnerships and
relationships with other cities and government entities, advancing the city’s
legislative interests and enhancing governmental relations, and instituting a
holistic customer service philosophy throughout the organization.
6
August 19, 2010
9. DISCUSSION: STRATEGIC GOAL #9 - Enhance and Sustain Irving’s

Infrastructure Network
- Capital Improvement Program
- Public Works/Traffic
- Public Works/Water Utilities
Brenda Haney, Solid Waste Services Director, presented Goal #9.

Goals for this year focus on operating, maintaining and replacing infrastructure
to ensure safe and clean drinking water, operating, maintaining and replacing
infrastructure to minimize unaccounted water, operating, maintaining and
replacing infrastructure to ensure good working conditions of the wastewater
collection systems, operating, maintaining and replacing infrastructure to ensure
Lake Chapman Pumping Facilities are fully operational to meet customers’
needs, enhancing and sustaining the transportation system, maintaining a safe
and efficient roadway network/TxDOT SH 183 active projects, optimizing
utilization of landfill space by obtaining permit amendments, delivering CIP
projects on schedule and within initial budget projections, monitoring and
facilitating the high quality development of public infrastructure by developers,
maintaining city buildings to ensure public welfare through safe and secure
facilities, enhancing and improving citywide IT infrastructure and network
communications, and enhancing and sustaining drainage systems.
10. DISCUSSION: STRATEGIC GOAL #10 - Become a Successful,

Environmentally Sustainable Community
- Solid Waste Services
- Municipal Drainage Utility
- Contracts and Fuel Management
Karen Siddall, Drainage Program Coordinator, presented Goal #10.

Goals for this year focus on reducing the City of Irving’s energy consumption,
improving Irving’s air quality by reducing ozone causing emissions, creating safe
routes for bicycles, influencing and managing water use, improving special
waste collection operation, identifying alternate recycling truck markings for
program enhancement, reviewing current in-house waste reduction practices,
providing environmental education opportunities for residents and businesses as
well as employees, monitoring Capital Improvement Program projects for
compliance, monitoring private development construction projects for
compliance, and coordinating power, gas, and telecommunication installations
and repairs to avoid service disruptions or conflicts with adjacent utilities and
meet each industry’s standards.
F. Additional Presentations
1. Housing and Human Services
2. Other presentations as requested
Chris Hooper, Housing & Human Services Director, will present this information
at a special meeting to be held Wednesday, August 25, 2010 at 6:00 p.m.
7
August 19, 2010
Resolution RES-2010-233 -- Expressing Intent to Increase Tax Revenue by

Adopting the Proposed Tax Rate
Mayor Gears indicated he has been keeping a list of things which are
considered important to the Council, staff and city, such as ICTN and
communication outreach, HHS health study, annual planning conferences for
the Planning and Zoning Commission, continuation of the employee recognition
ceremony, and maintenance of the employee step plan, etc. Staff originally
recommended a proposed total tax rate of .5704. The effective tax rate is .5918.
The Mayor suggested a maximum tax rate of .5761.
Motioned by Councilman Philipp, seconded by Councilwoman Cannaday to set

the maximum proposed tax rate at .5761.
Councilman Gallaway opposed the motion.

RESULT: ADOPTED [8 TO 1]
MOVER: Joe Philipp, Councilman
SECONDER: Rose Cannaday, Councilwoman
AYES: Gears, Meagher, Patrick, Stopfer, Farris, Philipp, Cannaday,

Santoscoy
NAYS: Mike Gallaway
The meeting was adjourned at 4:27 p.m.
___________________________
ATTEST:
______________________
8
SPECIAL MEETING OF THE IRVING CITY COUNCIL
FINAL MEETING MINUTES
August 25, 2010
The Irving City Council met in special session in the Council Conference Room of the City Hall
Complex on August 25, 2010 at 6:20 p.m. The following members were present/absent:

DISCUSSION TOPIC
1 Resolution RES-2010-234 -- Approving and Accepting the Proposal of Key Life
Homes, Inc., for Development of Vacant Lots on Tudor Lane
Chris Hooper, Housing & Human Services Director, presented information relating to
the Tudor Lane redevelopment of vacant lots.
The following individuals signed up to speak in favor of this item:

Emmanuel Lewis, Jr., 1909 Anderson Street, Irving
Anthony Bond, 4109 W. Northgate Drive Apt. #821, Irving
Scott Johnson, 2813 Meadowbrook Drive, Plano
The following individuals signed up to speak in opposition of this item:

Roy Getting, 2208 Rita Court, Irving
Lucia Rottenberg, 2220 Indian Creek Drive, Irving
Joyce Howard, 1401 Colony Drive, Irving
Robert Kecseg, 4416 Windsor Ridge Drive, Irving
Jacqualea Cooley, 1633 Drexel Drive, Irving
The following individuals signed up in favor of this item but did not wish to speak:
Teresa Crow, 1103 Katelyn Court, Irving
Ed McCarty, 1604 Oak Meadow Drive, Irving
The following individuals signed up in opposition to this item but did not wish to speak:
Crystal Main, 1913 Marvel Drive, Irving
Barbara Hall, 400 Lavida Court, Irving
Mr. Hooper indicated that the grant received from the state only allows for certain use
of the funding, which provides strict guidelines and parameters for that spending. The
houses also must be owner occupied; the homeowners cannot turn around and rent
these houses out to other individuals. If the homeowner is not in compliance with the
program then a lien can be placed on the home and the home may be taken.
August 25, 2010
Some areas of concern expressed by the council were to ensure that staff provided
adequate notice and timeframes for developers to bid on projects and that precaution
and steps are being taken to prevent against properties becoming rental properties.
It was also requested that the Tudor Lane video be shown, which shows demolition of
properties that were substandard and in need of demolition. Chief Boyd also spoke
and said many issues that relate to drugs and substandard properties have been
addressed for years on Tudor Lane. The Chief indicated many people living on Tudor
Lane have been victimized and Tudor Lane has become a primary focus for
revitalization and redevelopment. The intention has been to solve the problem of the
crime and blight, it was not necessarily to build houses but it was to do whatever was
needed to help fix the problem.
Motioned by Councilman Philipp, seconded by Councilwoman Cannaday to approve

the proposal of Key Life Homes., Inc., for development of vacant lots on Tudor Lane.
Councilman Gallaway voted in opposition of this item.
MOVER: Joe Philipp, Councilman
SECONDER: Rose Cannaday, Councilwoman

Santoscoy
NAYS: Mike Gallaway
2 Resolution RES-2010-235 -- Authorizing the Filing of an Expedited Declaratory

Judgment Petition Regarding the Issuance of Public Securities to Finance the
Planning, Design, and Construction of the Entertainment Center and Hotel Project
Brenda McDonald, Real Estate & Development Director, presented information to
council regarding the declaratory judgment petition regarding the issuance of public
securities to finance the planning, design and construction of the Entertainment Center
and Hotel Project. This bond validation would allow the city to file a petition and
present the structure of the financing to a court, address the issues of the use of
revenue sources and how they are pledged to the bonds, and the courts would review
and render an opinion on whether or not it complies with state law.
Councilman Philipp expressed concerns that he wanted the citizens to understand

what bond validations are. He also wanted to be briefed on what a trustee’s flow of
funds is to ensure the project is viable.
2
August 25, 2010
Ms. McDonald stated that Brimer Funds, which were authorized by citizens in an
election in 2007, are being used for these bonds. No ad valorem taxes may be used on
this project.
Ms. McDonald stated that all the sources that are paying for this do not come from local
taxes. The sources that are being used to fund this project and to pay off the bonds
are the 2% hotel occupancy tax, a parking tax and admissions tax that would be levied
for users of the venue. Other funding sources include rent paid by the tenants of the
entertainment center, mixed beverages and sales tax along with hotel occupancy tax
refunded for the state as well as local sales tax generated at the venue.
Thy Kheul, 1909 Anderson Street, Irving

Murielle Dugay, 1808 Anderson Street, Irving
Emmanuel Lewis, Jr., 1909 Anderson Street, Irving
Emma Petty, 2805 Wells Road, Irving
Ken Pool, 5215 N. O’Connor Blvd, Irving
Scott E. Johnson, 2813 Meadowbrook Drive, Plano
Chris Wallace, 5201 N. O’Connor Blvd., Irving
Tom Huth, 5932 Stonemeadow Drive, Plano
Carole Shlipak, 1500 Colony Drive, Irving

Linda Taylor, 1619 Sunnybrook Drive, Irving
Danny Opitz, 6546 Barcelona, Irving

Bobby Stewart, 1311 Travis Circle North, Irving
Byron Nelson, 4409 St. Andrews Blvd., Irving
Fred D. Lizarrago, 330 Las Colinas Blvd., Irving
Gail Jackson, 2001 Valley View Lane, Irving
Joan Maxwell, 350 E. Las Colinas Blvd., Irving
Roland Medina, 1600 N. MacArthur Blvd., Irving
Mr. and Mrs. James Cassels, 312 Steeplechase Drive, Irving
Clem Lear, 4643 O’Connor Court, Irving

Barbara Hull, 400 Lavida Court, Irving
3
August 25, 2010
Kenneth Ewing, 2524 Crestview Circle, Irving
Vinson and Elkins Bond Attorney, Rob Collins, walked the council through the financing
of the project.
Motioned by Councilwoman Cannaday, seconded by Councilman Patrick authorizing

the filing of an expedited declaratory judgment petition regarding the issuance of public
securities to finance the planning, design, and construction of the Entertainment Center
and Hotel project.
Council members voting in opposition to this item include: Councilman Gallaway and
Councilman Farris.
AYES: Gears, Meagher, Patrick, Stopfer, Philipp, Cannaday, Santoscoy
NAYS: Gerald Farris, Mike Gallaway
3 Resolution RES-2010-236 -- Approving Concessionaire Non-Disturbance Agreements

Between the City of Irving and the Las Colinas Group, LP with Blue Marble 360, LLC, B
Concessionaire-Las Colinas, LLC, BB Concepts, LLC, and B Retail, LLC, Related to
the Irving Entertainment Center and Hotel Project
Brenda McDonald, Real Estate & Development Director, presented information to
Council regarding the concessionaire non-disturbance agreements between Irving and
the Las Colinas Group, LP with Blue Marble 360, LLC, B Concessionaire-Las Colinas,
LLC, BB Concepts, LLC, and B Retail, LLC, related to the Irving Entertainment Center
and Hotel Project. Ms. McDonald indicated that if the concessionaire is not performing
then the city can take over the responsibility of the concessionaire.

Emma Petty, 2805 Wells Drive, Irving
Ken Pool, 5215 N. O’Connor Blvd., Suite 350, Irving

4
August 25, 2010
Bobby Stewart, 1311 Travis Circle North, Irving
John M. Roppolo, 12750 Merit Drive, Dallas
Roland Medina, 1600 N. MacArthur Blvd, Irving
Motioned by Councilwoman Cannaday, seconded by Councilman Patrick approving

concessionaire non-disturbance agreements between the City of Irving and the Las
Colinas Group, LP with Blue Marble 360, LLC, B Concessionaire-Las Colinas, LLC, BB
Concepts, LLC, and B Retail, LLC, Related to the Irving Entertainment Center and
Hotel Project.

Santoscoy
NAYS: Mike Gallaway
5
August 25, 2010
4 Ordinance ORD-2010-9202 -- Amending the Code of Civil and Criminal Ordinances of

the City of Irving, Texas, by Adding Chapter 16G, "Irving Entertainment Center
Admissions Tax"; Providing Definitions; Providing for the Levy, Imposition, and Use of
a 10 Percent Tax on Each Ticket Sold as an Admission to an Event Held at Irving
Entertainment Center; Providing Collection, Reporting, Payment, and Recordkeeping
Requirements and Procedures; Providing for Interest and Civil Penalties; and Providing
for a Fine of Up to $500 for Each Offense in Violation of the Ordinance
Brenda McDonald, Real Estate & Development Director, presented information to the
council regarding adding Chapter 16G, “Irving Entertainment Center Admissions Tax.”


Bobby Stewart, 1311 Travis Circle, Irving
J. Mark Roppolo, 12750 Merit Drive #225, Dallas
Motioned by Councilwoman Cannaday, seconded by Councilman Patrick to amend the

Code of Civil and Criminal Ordinances of the City of Irving, Texas, by Adding Chapter
16G, "Irving Entertainment Center Admissions Tax"; Providing Definitions; Providing for
the Levy, Imposition, and Use of a 10 Percent Tax on Each Ticket Sold as an
Admission to an Event Held at Irving Entertainment Center; Providing Collection,
Reporting, Payment, and Recordkeeping Requirements and Procedures; Providing for
Interest and Civil Penalties; and Providing for a Fine of Up to $500 for Each Offense in
Violation of the Ordinance.
6
August 25, 2010

Santoscoy
NAYS: Mike Gallaway
5 Ordinance ORD-2010-9203 -- Amending the Code of Civil and Criminal Ordinances of

the City of Irving, Texas, by Adding Chapter 16H, "Irving Entertainment Center Parking
Tax"; Providing Definitions; Providing for the Levy, Imposition, and Use of a Tax Equal
to $3.00 Per Motor Vehicle on Each Motor Vehicle Parked in a Parking Facility for
Irving Entertainment Center; Providing Collection, Reporting, Payment, and
Recordkeeping Requirements and Procedures; Providing for Interest and Civil
Penalties; and Providing for a Fine of Up to $500 for Each Offense in Violation of the
Ordinance
Brenda McDonald, Real Estate & Development Director, presented information to the
council regarding the amendment to the Code of Civil and Criminal Ordinances of the
City by adding Chapter 16H.


Bobby Stewart, 1311 Travis Circle, Irving
Tom Huth, 5932 Stonemeadow, Plano
Joan Maxwell, 350 E. Las Colinas Drive, Irving
7
August 25, 2010

Motioned by Councilwoman Cannaday, seconded by Councilman Philipp to amend the

Code of Civil and Criminal Ordinances of the City of Irving, Texas, by Adding Chapter
16H, "Irving Entertainment Center Parking Tax"; Providing Definitions; Providing for the
Levy, Imposition, and Use of a Tax Equal to $3.00 Per Motor Vehicle on Each Motor
Vehicle Parked in a Parking Facility for Irving Entertainment Center; Providing
Collection, Reporting, Payment, and Recordkeeping Requirements and Procedures;
Providing for Interest and Civil Penalties; and Providing for a Fine of Up to $500 for
Each Offense in Violation of the Ordinance.
SECONDER: Joe Philipp, Councilman

Santoscoy
NAYS: Mike Gallaway
ATTEST:

8
7
AGENDA ITEM SUMMARY

Recommending Department: Financial Services LSR No:
Resolution -- Authorizing Reimbursement Payment in the Amount of

Capital Infrastructure Improvements Within the La Villita Development of
Tax Increment Reinvestment Zone No. One
developers of the La Villita area of Las Colinas. The La Villita development has
current taxable value of approximately $290 million.
3. The reimbursement agreement approved in 2002 totals $11,563,671.
4. The 2010 developer reimbursement to Hines is $196,388.15. This represents the
final payment to Hines for the La Villita Development.
Recommendation
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES 2009-267 Council Action: Approved
.
ATTACHMENTS:
La Villita 2010 (PDF)
CURRENT YEAR FINANCIAL IMPACT:

2050-0305-56401-9006 Budget: $3,900,000 Actual: $196,388.15
Budget Adjustment/Transfer Required: NO
Prepared: 6/2/2010 11:16 AM by Brad Duff
Last Updated: 9/1/2010 01:35 PM by Jennifer Phillips
Packet Pg. 27
7
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 3385)
WHEREAS, the City of Irving, Dallas County, Texas, is a home rule city, authorized pursuant
to the Texas Constitution Article 11, Section 5 (hereinafter referred to as “City”); and
WHEREAS, Tax Increment Reinvestment Zone No. 1 City of Irving (hereinafter referred to as
“TIF District”) and its Board of Directors (hereinafter referred to as “Board”) were created by the
Irving City Council pursuant to City of Irving Ordinance No. 7394; and
WHEREAS, Resolution No. 11-21-02-445 authorized a reimbursement agreement with the Las
Colinas Land Limited Partnership (LCLLP) in the amount of $11,563,671.00 for capital infrastructure
work to be completed as provided for in the TIF District Project Plan Section 2.4 – Paving, Drainage
and Utilities: PDU6, PUD No. 4 Roadways; Flood Control: FC3 Royal Lane Lake Walls; Park and
Open Space: Park and Open Space; and Additional Infrastructure Projects: Project Costs Under the
Zone Act; and
WHEREAS, LCLLP assigned their rights to reimbursement under this agreement to Hines Las
Colinas Land Limited Partnership (Hines) under an agreement dated December 23, 2005; and
WHEREAS, the LCLLP has submitted invoices and receipts for capital infrastructure work
completed in excess of $11,563,671 in accordance with the TIF District Project Plan and Finance Plan,
as well as, the approved reimbursement agreement, bringing the total submitted Approved Project
Costs to $11,563,671 with an amount of $196,388.15 remaining unpaid; and
WHEREAS, $3,900,000 is available in the TIF District for reimbursements to be split on a pro
rata basis among developers submitting reimbursement requests; and
WHEREAS, the TIF Board of Directors voted unanimously to forward this reimbursement
request to the City Council for their approval at their August 17, 2010, Board of Directors meeting;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached reimbursement payment to the
Hines Las Colinas Land Limited Partnership for capital infrastructure work
performed in the La Villita Development in an amount not to exceed $196,388.15.
SECTION II. THAT this expenditure shall be charged to Account No. 2050-0305-56401-9006.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Packet Pg. 28
7
Max S. Duplant, CPA

Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 9, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 29
7.a
Packet Pg. 30
Attachment: La Villita 2010 (3385 : 8 -TIF Reimb. to Hines La Villita Dev.)
8
AGENDA ITEM SUMMARY


Capital Infrastructure Improvements Within the TIF District
2. Impact: Approval of this resolution will allow for the TIF District to reimburse Hines
for the Lakes of Las Colinas housing development. The taxable value of the Lakes
Development is expected to exceed $240 million upon completion.
3. The maximum amount of reimbursement is $5,151,511.00.
4. The 2010 Developer reimbursement to Hines is $877,608.48. The remaining
Recommendation
Previous Action: 4-03-08-126 Council Action: Approved
.
ATTACHMENTS:
Lakes 2010 (PDF)

2050-0305-56401-9006 Budget: $3,900,000 Actual: $877,608.48
Last Updated: 9/1/2010 11:17 AM by Belinda Rowlett
Packet Pg. 31
8
CITY OF IRVING
WHEREAS, Resolution No. 4-3-08-126 authorized a reimbursement agreement with Hines Las
Colinas Land Limited Partnership (Hines) in the amount of $5,151,511 for capital infrastructure work
to be completed as provided for in the TIF District Project Plan Section 2.4 – Paving, Drainage and
Utilities, Park and Open Spaces, Lake Carolyn Amenities, DCURD Utilities and Project Costs Under
the Zone Act; and
WHEREAS, Hines has submitted invoices and receipts for capital infrastructure work
completed in accordance with the TIF District Project Plan and Finance Plan, as well as, the approved
reimbursement agreement, bringing the total submitted Approved Project Costs to $3,970,751 with an
amount of $3,970,751 remaining unpaid; and

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached reimbursement payment to
Hines Las Colinas Land Limited Partnership for capital infrastructure work
performed in an amount not to exceed $877,608.48.
__________________________________
Max S. Duplant, CPA
Packet Pg. 32
8
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 33
8.a
Packet Pg. 34
Attachment: Lakes 2010 (3387 : 8 TIF Reimb. to Hines -Lakes at LC Dev)
9
AGENDA ITEM SUMMARY


$173,791.01 to LPC Northwest Phase I, LP (Lincoln) for Capital
Infrastructure Improvements Within the Lincoln at Las Colinas
Development of Tax Reinvestment Zone No. One
developers of the Lincoln at Las Colinas multi-family project. The development has
a current taxable assessed value of over $50 million dollars.
3. The maximum amount of reimbursement is $1,006,200.
4. The maximum amount of reimbursement for work completed to date is $740,700.
5. The 2010 developer reimbursement to Lincoln is $173,791.01. The remaining
unpaid balance of the approved project costs totals $492,658.01.
Recommendation
.
ATTACHMENTS:
Lincoln 2010 (PDF)

2050-0305-56401-9006 Budget: $3,900,000 Actual: $173,791.01
Last Updated: 9/2/2010 10:29 AM by Jennifer Phillips
Packet Pg. 35
9
CITY OF IRVING
WHEREAS, Resolution No. 4-3-08-127 authorized a reimbursement agreement with LPC

Northwest Phase I LP (Lincoln) in the amount of $1,006,200 for capital infrastructure work to be
completed as provided for in the TIF District Project Plan Section 2.4 – Additional Infrastructure and
Other Projects: Lake Carolyn Amenities, Repairs to System in DCURD and Project Costs Under the
Zone Act; and
WHEREAS, Lincoln has submitted invoices and receipts for capital infrastructure work
completed relating to Lake Carolyn Amenities, Repairs to System in DCURD, and Project Costs Under
the Zone Act in excess of $740,700 in accordance with the TIF District Project Plan and Finance Plan,
as well as, the approved reimbursement agreement, bringing the total submitted Approved Project
Costs to $740,700 with an amount of $666,449.02 remaining unpaid; and

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached reimbursement payment to LPC
Northwest Phase I LP for capital infrastructure work performed relating to Lake
Carolyn Amenities, Repairs to System in DCURD, and Project Costs Under the Zone
Act in an amount not to exceed $173,791.01.
__________________________________
Max S. Duplant, CPA
Packet Pg. 36
9
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 37
9.a
Packet Pg. 38
Attachment: Lincoln 2010 (3386 : 8 TIF Reimb. Lincoln - Lincoln at LC Dev.)
10
AGENDA ITEM SUMMARY


$201,801.01 to Las Colinas Land Limited Partnership (LCLLP) for Capital
Infrastructure Improvements Within the Tax Increment Reinvestment Zone
No. One.
2. Impact: Approval of this resolution will allow the TIF District to reimburse the Las
Colinas Land Limited Partnership (LCLLP) for construction of a section of the Lake
Carolyn Promenade pertaining to the Mandalay on the Lake project.
3. The maximum amount of reimbursement is $201,801.01.
4. The 2010 developer reimbursement to LCLLP is $201,801.01.
5. Funding in the amount of $3,900,000.00 is available in the TIF Fund
Recommendation
Previous Action: 11-21-02-426 Council Action: Approved
.
ATTACHMENTS:
Mandalay 2010 (PDF)

2050-0305-56401-9006 Budget: $3,900,000 Actual: $201,801.01
Packet Pg. 39
10
CITY OF IRVING
WHEREAS, Resolution No. 11-21-02-426 authorized a reimbursement agreement with Las

Colinas Land Limited Partnership (LCLLP) in the amount of $201,801.01 for the construction of a
section of Promenade approximately 1,345.34 linear feet on the southeast shore of Lake Carolyn as
provided for in the Tax Increment Finance District Project and Finance Plans in an amount not to
exceed $150.00 per linear foot; and
WHEREAS, LCLLP has submitted invoices and receipts for capital infrastructure work
completed relating to the promenade improvements in excess of $201,801.01 in accordance with the
TIF District Project Plan and Finance Plan, as well as, the approved reimbursement agreement,
bringing the total submitted Approved Project Costs to $201,801.01 with an amount of $201,801.01
remaining unpaid; and

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached reimbursement payment to
Las Colinas Land Limited Partnership for capital infrastructure work performed
relating to Lake Carolyn Promenade Improvements in an amount not to exceed
$201,801.01.
__________________________________
Max S. Duplant, CPA
Packet Pg. 40
10
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 41
10.a
Packet Pg. 42
Attachment: Mandalay 2010 (3388 : 8 TIF Reimb. to LCLLP - Mandalay Lake Wall)
11
AGENDA ITEM SUMMARY


$2,450,411.34 to the City of Irving for Capital Infrastructure Improvements
Within PDU 1, PDU 2, PDU 3, and SS1 of the Tax Increment Reinvestment
Zone No. One
1. This item supports Strategic Goal No. 3 : Economic Development.
2. Impact: Approval of this resolution will allow the City of Irving to recover a portion of
the capital costs it has incurred in the TIF District for capital infrastructure. These
projects have been essential in the development of the TIF District. Due to the
City’s investment in the TIF infrastructure, various developments have been made
possible. Taxable values in the TIF District have increased approximately 82% over
the 1998 base values.
3. The maximum amount of the reimbursement is $11,166,674.
4. The 2010 reimbursement to the City of Irving is $2,450,411.34. The remaining
Recommendation
.
ATTACHMENTS:
City 2010 (PDF)

2050-0305-56401-9006 Budget: $3,900,000 Actual: $2,450,411.34
Packet Pg. 43
11
Packet Pg. 44
11
CITY OF IRVING
WHEREAS, Resolution No. RES 2008-363 authorized a reimbursement agreement with the
City of Irving (City) in the amount of $11,167,366 for capital infrastructure work to be completed as
provided for in the TIF District Project Plan Section 2.4 – Paving, Drainage and Utilities: PDU1,
PDU2, PDU3; and Sanitary Sewer: SS1; and
WHEREAS, the City has submitted detailed cost reports for capital infrastructure work
completed in the amount of $11,166,674 in accordance with the TIF District Project Plan and Finance
Plan, bringing the total submitted Approved Project Costs to $11,166,674 with an amount of
$9,419,710.25 remaining unpaid; and
WHEREAS, the TIF Board of Directors voted unanimously to forward this reimbursement to
the City Council for their approval at their August 17, 2010, Board of Directors meeting;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves a reimbursement payment to the City of
Irving for capital infrastructure work performed within the boundaries of the Tax
Increment Reinvestment Zone No. 1 in an amount not to exceed $2,450,411.34.
__________________________________
Max S. Duplant, CPA
Packet Pg. 45
11
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 46
11.a
Packet Pg. 47
Attachment: City 2010 (3389 : 8 TIF Reimb. to City for TIF Infrastructure Imprv.)
12
AGENDA ITEM SUMMARY

Recommending Department: Financial Services LSR No: 11119
Resolution -- Approving an Economic Incentive Agreement Between the

City of Irving and Health Management Systems, Inc.
2. Impact: Approval of this agreement will allow the City to add approximately 350
relocated and/or new jobs in the healthcare management field.
3. HMS is currently located at 5615 Highpoint Drive. The company is consolidating
operations and plans to relocate/create an additional 350 new jobs to Irving.
4. The agreement provides a one-time $450 job credit for every full-time position over
601 up to a maximum of 300 new or relocated full-time jobs. The 300 jobs must be
maintained for a 5-year period. The maximum one-time payout of this grant is
$135,000.
5. The agreement also provides a one-time job credit of $500 for a maximum of 50
new or relocated employees that reside in the City of Irving. Residency must be
maintained for 3 continuous years before the grant is paid. The maximum one-time
amount of this grant is $25,000.
6. HMS must own or occupy for a 10-year period at least 220,000 square feet, employ
at least 601 full-time jobs with an average annual salary of $61,000 before benefits,
and provide proof of 650 City of Irving hotel room stays annually during the entire
10-year term of the agreement in order to qualify for the job credits.
7. The agreement also provides a 10-year 40% tax rebate on the incremental taxable
assessed value of the business personal property owned by HMS. The increase
must be at least $2 million over the January 1, 2010 certified value and HMS must
employ at least 750 full-time employees in order to receive the rebate. The
estimated annual benefit is $4,300 or $43,000 over 10- years.
8. During the entire 10-year term of the tax rebate agreement, HMS must maintain
ownership and/or occupy for 10 years at least 220,000 square feet, maintain an
average annual salary of $61,000 before benefits for all full-time employees, and
provide proof of 650 City of Irving hotel room stays during the entire 10-year term of
the agreement in order to qualify for the tax rebate. In addition, HMS is required to
become an investor at the “Partner Level” in the Irving Economic Development
Partnership. The “Partner Level” is a $3,000 annual commitment throughout the
entire term of this agreement. Should HMS fail to meet these requirements,
clawbacks will be initiated to recover any payments previously granted.
9. HMS has an active abatement with the City. Approval of this agreement will
supersede the previously approved abatement.
Recommendation
Packet Pg. 48
12
Previous Action: RES 7-19-07-291 Council Action: Approved
.
ATTACHMENTS:
HMS 380 Draft 8 23 10 (PDF)

N/A
Packet Pg. 49
12
CITY OF IRVING
WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code, the City Council
has adopted a program for granting public funds to promote local economic development, and stimulate
business and commercial activity in the City of Irving; and
WHEREAS, pursuant to said policy and Chapter 380 of the Texas Local Government Code, the
City Council finds the economic development incentive offered in the attached agreement will promote
economic development and stimulate business and commercial activity in the City of Irving;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached Economic Incentive Agreement
between the City of Irving and Health Management Systems, Inc., and the Mayor is
authorized to execute said agreement.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 50
12.a
ECONOMIC INCENTIVE AGREEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
CITY OF IRVING §
This Economic Incentive Agreement (Agreement), is entered into on the 9th day of
September, 2010, by and between the City of Irving, Texas (CITY), a home rule city and
municipal corporation of Dallas County, Texas, and HEALTH MANAGEMENT
SYSTEMS, INC. a subsidiary of HMS Holdings Corp., a New York corporation,
(“HMS”), acting by and through its authorized officers, for the purposes and
considerations stated below:
Attachment: HMS 380 Draft 8 23 10 (3457 : 8 Eco. Incent. with HMS)

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

governing economic incentive agreements to be entered into by the CITY as
contemplated by Chapter 380, Texas Local Government Code; and
WHEREAS, the City, HMS and Equastone High Point, LP, as land owner, entered that
certain Tax Abatement Agreement effective July 19, 2007; HMS Building Services, LLC
is the current owner of the land and successor in interest to Equastone High Point, LP in
the Tax Abatement Agreement and now joins with City and HMS to terminate that
agreement and replace it with this Agreement; and
WHEREAS, the CITY desires to enter into an Agreement with HMS for economic
incentives pursuant to Chapter 380 of the Texas Local Government Code, as amended;
and
WHEREAS, the contemplated use of the Premises, and the other terms hereof are
consistent with encouraging development and diversification of the economy of the
state, retention of employees by this major corporate citizen and are in compliance with
the Policy Statement and similar guidelines and criteria adopted by the CITY and all
applicable law; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic
and employment base of the City of Irving, the City Council finds that it is in the best
interest of the taxpayers for the CITY to enter into this Agreement;
NOW, THEREFORE, the CITY and HMS for and in consideration of the mutual
covenants and promises contained herein, do hereby contract, covenant and agree as
follows:
HMS DRAFT Page 1

Chapter 380 Incentive Agreement
Packet Pg. 51
12.a
I.
TERMINATION OF EARLIER AGREEMENT
That certain Tax Abatement Agreement entered as of July 19, 2007 by the
parties hereto and Equastone High Point, L.P. is hereby terminated.
II.
DEFINITIONS
Wherever used in this Agreement, the following capitalized terms shall have the
meanings ascribed to them:

A. “Business Personal Property” shall mean the taxable assessed valuation of
furniture, fixtures and equipment, including inventory located at the Premises that would
be eligible for tax Grant.
B. “Eligible Property Value” shall mean the incremental increase in taxable value of
Business Personal Property owned by HMS and located at 5615 Highpoint Drive as
shown on the tax rolls of the Dallas Central Appraisal District (DCAD) as of the tax year
beginning January 1st of the tax years set forth in Paragraph IV over the current 2010
taxable values.
C. “Full time employee” shall mean a single individual who typically works 40 hours a
week at the Premises.
D. “Incremental Taxable Assessed Value” shall mean the increase in taxable

assessed valuation of the personal property located on the Premises over the 2010
certified taxable value on the Dallas Central Appraisal District tax roll.
E. “Irving Hotel Room Night” shall mean the overnight use of and payment for a
hotel room located within the City of Irving. Use as a permanent resident under section
156.101 of the Texas Tax Code shall not count as an Irving hotel room night.
F. “Minimum Threshold Eligibility Requirements” shall mean (i) the ownership or

lease and occupancy of a minimum of two-hundred twenty thousand (220,000) square
feet or more of space on the Premises for a minimum of ten (10) years, (ii) the creation
of at least three-hundred-fifty (350) new or transferred into the City subsequent to the
date of this Agreement, jobs with an average annual salary of at least $61,000 before
benefits, located within the Premises and filled by full-time employees (iv) an increase in
taxable assessed valuation of the “Eligible Property Value” of at least two million
($2,000,000) over the January 1, 2010 valuation and (v) occupation of a minimum of
six-hundred fifty (650) confirmed Irving Hotel Room Nights per year.
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12.a
G. “Partner Level” shall mean a $3,000 annual membership in the Irving Economic
Development Partnership, an economic development coalition between the City of
Irving and the Greater Irving-Las Colinas Chamber of Commerce for purposes of
conducting business recruitment, relocation and retention/expansion for the greater
Irving community. The “Partner Level” contribution to the Irving Economic Development
Partnership will be deducted from any annual Grant HMS qualifies for under the terms
of this Agreement.
H. "Premises" shall mean all that parcel of land with improvements located at 5615
Highpoint Drive, at least two-hundred twenty thousand (220,000) square feet of
improvements is owned or leased by HMS.
I. “Qualified Facilities” shall mean the ownership or lease of at least two-hundred

twenty thousand (220,000) square feet of space in the Premises.
J. “Salary” shall mean remuneration for services, paid in cash, including a fixed
payment received at regular intervals, overtime and cash bonus. The term does not
include employer provided benefits and non-cash bonuses.
III.
INCENTIVE 1 – JOB CREDITS GRANT
A. HMS Obligations. In consideration of the City entering into this Agreement

providing for the payment of funds constituting this Job Credits Grant, HMS
agrees to:
1. Provide proof of ownership of not less than 220,000 square feet of space
located at 5615 Highpoint Drive, Irving, Texas (the Premises) no later than
September 30, 2010.
2. Continuously occupy not less than 220,000 square feet of space at the
Premises throughout the term of this Agreement.
3. Maintain at least six hundred one (601) full-time jobs with an average annual
salary of at least sixty-one thousand dollars ($61,000) before benefits, as
shown on its quarterly payroll report for the period immediately prior to this
Agreement, for a minimum of ten years (10) years at the Premises.
4. Cause the use of at least six hundred fifty (650) Irving Hotel Room Nights per
calendar year.
5. Provide to the City no later than January 31 each year of the term of this
Agreement verification of
a. continued occupancy of not less than 220,000 square feet of space of
the Premises.
b. a minimum of six hundred one (601) full-time jobs with an average
annual salary of at least sixty-one thousand dollars ($61,000) before
HMS DRAFT Page 3

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12.a
benefits, as shown on its year end payroll report for the year just
ended, for a minimum of ten years (10) years at the Premises.
c. payment of at least six hundred fifty (650) Irving Hotel Room Nights per
calendar year, by either HMS or its vendors or suppliers.
d. a listing of HMS employee names and proof of employment with HMS
during the required five (5) year period for every position over six
hundred one (601) with a hire/relocation date subsequent to the
Agreement.
e. a listing of employee names and City of Irving addresses for full-time
employees and proof of employment with HMS during the required
three (3) year residency period. Residential ownership will be verified
against the records maintained by the Dallas Central Appraisal District.
If a portion of HMS full-time employees reside in rented homes or

apartments, HMS will provide alternative forms of residency verification
such as monthly water, telephone, electric or cable television bills.
6. Purchase services and materials for the Premises from vendors within the
City of Irving, if available in Irving at a competitive price.
7. Render the Property to the Dallas Central Appraisal District and remain
current on all property taxes for the term of this Agreement.
8. Covenant and certify that HMS does not and will not knowingly employ an
undocumented worker as that term is defined by Section 2264.01(4) of the
Texas Government Code. In accordance with Section 2264.052 of the Texas
Government Code, if HMS is convicted of a violation under 8 U.S.D. Section
1324a(f), HMS shall repay to the City the full amount of the Grant made
under this Agreement, plus ten percent (10%) per annum from the date the
Grant was made. Repayment shall be paid within one hundred twenty (120)
days after the date HMS receives notice of violation from the City.
9. Should HMS fail to comply with any material term of this Agreement, HMS
shall have thirty (30) days after written notice from City to come into
compliance. If the noncompliance is not cured within that period, HMS
agrees to remit to the City a sum equal to the Grant made by the City to HMS
pursuant to this Agreement, plus interest at ten percent (10%) per annum
from the date Grant was made.
B. City Grant. In exchange for HMS’s compliance with all terms and provisions of
this Agreement, City shall provide HMS a Job Credits Grant from lawfully
available funds:
1. a one-time cash grant not to exceed $135,000 calculated as four-hundred fifty
dollars ($450) for each full-time employee over the existing 601, with a hire
date subsequent to this Agreement, with an average annual salary of at least
sixty-one thousand dollars ($61,000) before benefits, working in the city limits
of Irving up to a maximum of three-hundred (300) full-time jobs. The new
three-hundred (300) full-time jobs will be maintained for a period of five (5)
years and be in addition to the existing 601 jobs. Three Incremental
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12.a
payments will be made to HMS when 100, 200 and 300 new or relocated jobs
are met. Each increment of one-hundred (100) new employees must be
employed for at least one and one-half (1 1/2) years before a payment is
made. For example, the initial payment for the first 100 new employees will
be made no earlier than one and one-half (1 ½) years after the date of the
agreement, payment on the next 100 new employees will be made no earlier
than three (3) years after the date of the agreement and the payment on the
final 100 new employees will be made no earlier than four and one-half (41/2)
years after the date of the agreement.
2. a one-time cash grant not to exceed $25,000 calculated as five-hundred
($500) for each newly hired or relocated employee maintaining residency in
Irving for a continuous three (3) year period, up to a maximum of fifty (50)
employees. The full-time employees must maintain residency in Irving for a

minimum of three (3) years after the effective date of this agreement in order
to qualify for the grant. Proof of Irving residency will be required for the fifty
(50) full-time jobs claimed for this grant. Residential ownership will be verified
against the records maintained by the Dallas Central Appraisal District. If a
portion of HMS full-time employees reside in rented homes or apartments,
HMS will provide alternative forms of residency verification such as monthly
water, telephone, electric or cable television bills. Jobs that qualify for this
residency payment may be counted as part of the new 300 jobs, if otherwise
eligible, but will not be included in the payment under section III.B.1.
IV.
INCENTIVE 2 –BUSINESS PERSONAL PROPERTY TAX GRANT
A. HMS OBLIGATIONS. In consideration of the City entering into this Agreement

providing for this Business Personal Property Grant, HMS agrees and covenants
that it, or its permitted assigns, during the term of this Agreement, will:
1. Occupy the Qualified Facilities for a minimum term of ten (10) continuous
years;
2. Use the Qualified Facilities in accordance with all applicable state and local
laws and regulations;
3. Diligently and faithfully maintain the Qualified Facilities in a manner consistent

with other office space of a class similar to the Qualified Facilities;
4. Employ at least seven hundred fifty (750) full-time employees with an average
annual salary of at least $61,000 ;
5. Purchase a minimum of six-hundred fifty (650) Irving Hotel Room Nights per
year;
HMS DRAFT Page 5

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12.a
6. Provide to the City no later than January 31 each year verification of

a. continued occupancy of the Qualified Facilities;
b. a minimum of seven hundred fifty (750) full-time jobs with an average
annual salary of at least sixty-one thousand dollars ($61,000); and
c. payment of at least six hundred fifty (650) Irving Hotel Room Nights per
calendar year, by either HMS or its vendors or suppliers.
7. become an investor at, or maintain membership of, at least the “Partner

Level” in the Irving Economic Development Partnership.
B. City grant. In exchange for HMS’s compliance with all terms and provisions of this
Business Personal Property Grant, City shall provide HMS a grant from lawfully
available funds as follows:

1. Scope and Rate of Grant – The Grant amount will be calculated by
multiplying the ad valorem taxes paid to the City of Irving on the Incremental
Taxable Assessed Value for the preceding tax year by the percentage shown
in Section 3 below.
2. Grant – The Grant amount shall be available if, during the preceding calendar
year, HMS meets the Minimum Threshold Eligibility Requirements.
3. Annual Rates of Grant – The following shall be the HMS annual rates for
calculation of the Grant amount:
Tax HMS Total

Year Grant
1 40%
2 40%
3 40%
4 40%
5 40%
6 40%
7 40%
8 40%
9 40%
10 40%
4. Minimum Total Property Valuation – Should the valuation of the Eligible

Property Value fall below $2,000,000, (value business personal property on
DCAD tax roll must meet or exceed $2,000,000 over the amount assessed for
January 1, 2010) there shall be no Business Personal Property Grant allowed
that year or any other future year until the incremental taxable assessed
valuation of the Eligible Property Value equals or exceeds $2,000,000.
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12.a
5. Minimum Average Salary Per Employee – Should the average annual

salary per employee fall below $61,000, there shall be no Business Personal
Property Grant allowed that year or any other future year until the average
annual salary per employee equals or exceeds $61,000.
6. Minimum Number of New Employees – Should the number of employees

fall below seven hundred fifty (750), there shall be no Business Personal
Property Grant allowed that year or any other future year until the number of
full time employees equals or exceeds seven hundred fifty (750).
7. Confirmed Irving Hotel Stays – Should the number of confirmed Irving Hotel
Room Nights fall below six-hundred fifty (650), there shall be no Business
Personal Property Grant allowed that year or any other future year until the

number of confirmed Irving Hotel Room Nights equals or exceeds six-hundred
fifty (650).
8. Each year in which a Business Personal Property Grant is due and payable to
HMS, the CITY shall calculate the Grant amount and make the Grant
payment to HMS, via check or other acceptable means (less the $3,000
contribution to the Irving Economic Development Partnership), no later than
March 31 of the applicable year, provided Ad Valorem taxes for the preceding
tax year have been paid to the City of Irving. The first year in which a Grant
could be due would be for the 2011 tax year making the Grant payment due
on March 31, 2012.
V.
GENERAL PROVISIONS APPLICABLE TO BOTH INCENTIVES
A. All procedures followed by the CITY conform to the requirements of the Code,
and will be undertaken in coordination with HMS’s corporate, public, employee, and
business relations requirements.
B. The Premises are not in an improvement project financed by tax increment

bonds.
C. This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the CITY; provided however, that this section shall not be construed to create
a security interest in the Premises or Qualified Facilities in favor of such holders of
outstanding bonds of the CITY.
D. The Premises are not owned or leased by any member of the Irving City Council
or any member of the Planning and Zoning Commission of the City of Irving or any
member of the governing body of taxing units joining in or adopting this Agreement.
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12.a
E. This Agreement is intended to comply with the requirements of Section 380 of

the Code and is authorized by Chapter 380 of the Code, by the Policy Statement
constituting the CITY’s tax abatement guidelines and criteria adopted by the City
Council with Ordinance 8733 and by resolution of the City Council of the City of Irving
authorizing execution of this Agreement.
F. During the period of the Grant herein authorized, HMS (or its successors and
assigns) shall be subject to all applicable CITY taxation not specifically abated or
exempted, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
G. As a further condition precedent to its receipt of the Grant, HMS agrees that it will
use the words “Irving, Texas” or “Irving, TX” when printing an address on literature, all

stationery, business cards, or other printed or electronic materials which identify the
Qualified Facilities.
VI.
TERM AND GRANT PERIOD
A ten (10) year Grant period is hereby granted. The ten (10) year period shall
commence to run January 1 of the first year in which the Minimum Threshold Eligibility
Requirements are met by HMS, but no later than January 1, 2012 and shall continue for
the full ten (10) year period ending no later than December 31, 2021.
VII.
RECORDS AND AUDITS
A. Throughout the term of this agreement, the CITY or its agents shall have
reasonable access to HMS’S Premises by CITY employees (upon prior reasonable
notice to HMS) for the purpose of verifying HMS employee records in accordance
with the specifications and conditions of this agreement; provided that HMS shall
have the right to accompany CITY employees for any such verification and keeping
in mind the privacy and security interest of HMS and HMS’S employees.
B. The Premises at all times shall be used in a manner that is consistent with City of
Irving zoning ordinances applicable to the Premises.
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12.a
VIII.
BREACH
A. CITY may modify this Agreement if HMS fails to comply with the terms of this
Agreement, provided that any such modification will have prospective application
only and HMS may terminate this Agreement on notice to the CITY, if any such
modifications are not mutually acceptable.
B. If HMS fails to comply with the terms of this Agreement, or in the event that (i) the
operation is moved from the CITY or (ii) HMS allows its ad valorem taxes with
respect to personal property on the Premises owed the CITY to become delinquent
and fails to timely and properly follow the legal procedures for protest and/or
contest of any such ad valorem personal property taxes, or (iii) HMS breaches any

of the material terms or conditions of this Agreement, then HMS shall be in default
of this Agreement. In the event that HMS defaults in its performance of (i), (ii) or
(iii) above, the CITY shall give HMS written notice of such default and if HMS has
not cured such default within thirty (30) days of said written notice, or, if such
default cannot be cured by the payment of money or posting of a bond or other
collateral reasonably acceptable to the CITY, and cannot with due diligence be
cured within such thirty (30) day period owing to causes beyond the control of
HMS, this Agreement may be terminated by the CITY provided, however, that if
such default is not reasonably susceptible of cure within such thirty (30) day period
and HMS has commenced and is pursuing the cure of same, then after first
advising the City Council of HMS’S efforts to cure same, HMS may utilize an
additional thirty (30) days. Time, in addition to the foregoing sixty (60) days may
be authorized by the City council. During the five (5) year term of this Agreement,
as CITY’s sole and exclusive remedy for any material breach by HMS under this
Agreement, in the event of default after the expiration of the applicable notice and
cure periods, the CITY shall receive from HMS as liquidated damages all previous
grants and Grants made by the CITY to HMS pursuant to this Economic Incentive
Agreement and10% interest per annum from the date of the first payment and will
become a debt from HMS to the CITY. Such amount shall be due, owing, and paid
to the CITY by HMS within sixty (60) days of the expiration of the above-mentioned
applicable curing period. The parties acknowledge that actual damages in the
event of default and termination would be speculative and difficult to determine. If
during the initial five (5) year term, no grant or Grant payment has been made to
HMS, as CITY’s sole and exclusive remedy for any material breach under this
Agreement, after the expiration of the applicable notice and cure periods, the CITY
may cancel the Agreement and no payments shall be due to HMS.
HMS DRAFT Page 9

Packet Pg. 59
12.a
IX.
EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY
This Agreement and the economic incentives are not assignable by HMS to any entity
other than an affiliated company or successor without approval of the City Council. In
the event of assignment to an affiliated company or successor, HMS must confirm such
assignment in writing to the CITY, and the successor must confirm its intent to be bound
by this Agreement and to assume all responsibilities hereunder of HMS within 90 days
of such assignment, or before the beginning of the next tax year, whichever comes first.
In the event of failure to confirm assignment to an affiliate or successor hereunder, the
successor may seek approval from the City Council for the assignment.
X.

NOTICE
All notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designates in writing, by certified mail,
postage prepaid or by hand delivery:
HEALTH MANAGEMENT SYSTEMS, INC.

5615 Highpoint Drive
Irving, TX 75038
Attention: John D. Schmid
CITY OF IRVING, TEXAS

825 W. Irving Boulevard
Irving, Texas 75060
Attention: City Secretary
XI.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by resolution of the City Council that was approved by
the affirmative vote of a majority of the City Council at its regularly scheduled City
Council meeting on the 5th day of August, 2010, authorizing the Mayor to execute this
Agreement on behalf of the CITY.
XII.
BOARD OF DIRECTORS AUTHORIZATION
This Agreement was entered into by an authorized representative of HMS pursuant to

authority granted by their respective Board of Directors through formal delegations.
HMS DRAFT Page 10

Packet Pg. 60
12.a
XIII.
SEVERABILITY
In the event any section, subsection, paragraph, sentence, phrase or word is held
invalid, illegal, or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
XIV.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas. Venue for any
action under this Agreement shall be the District Court of Dallas County, Texas. This

Agreement is performable in Dallas County, Texas.
XV.
ENTIRE AGREEMENT
This Agreement constitutes the entire economic incentive agreement between the
parties, supersedes any prior understanding or written or oral agreements or
representations between the parties, including the Tax Abatement Agreement
authorized by Resolution 7-19-07-291, and can be modified only by written instrument
subscribed to by both parties. This Agreement may be executed in multiple
counterparts, each of which shall be considered an original.
CITY OF IRVING, TEXAS
By: ____________________________
Attest:
__________________________
Shanae Jennings
Approved as to form:
__________________________
Charles R. Anderson
City Attorney
HMS DRAFT Page 11

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12.a
HEALTH MANAGEMENT SYSTEMS, INC.
By: _______________________
Walter D. Hosp
Senior Vice President and Chief Financial
Officer
HMS Building Services, LLC

As to Article I only

By: _______________________
Name: _____________________
Title: _______________________
HMS DRAFT Page 12

Packet Pg. 62
12.a
CORPORATE ACKNOWLEDGEMENT
THE STATE OF TEXAS §

§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared ___________________________,
___________________________ of HMS, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me he/she executed the same as a duly
authorized officer of such corporation, and as the act and deed of such corporation, for the purposes

and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of

_______________, A.D., 2010.
_________________________________________
Notary Public
_________________________________________
(Typed/Printed Name of Notary)
My Commission Expires:
____________________
HMS DRAFT Page 13

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AGENDA ITEM SUMMARY

Recommending Department: Capital Improvement Program LSR No: 11099
Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Oncor Electric Delivery Company, LLC, for the
Undergrounding of Overhead Electric Facilities for West Irving Library
2. Impact: The undergrounding of electric facilities at the West Irving Library will
provide for a more reliable power source in inclement weather, and will enhance
visual appearance by eliminating pole clutter and the need for future tree trimming.
4. CIP staff prepared the plans and supervised installing the conduit systems at a cost
savings of 30% that Oncor will utilize in the removal of the poles.
5. Funding in the amount of $158,181.44 is available in the Library Bond Fund.
Recommendation
Contract Required: Yes Review Completed By: Carrie Morris
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
Oncor DSA West Irving Library (PDF)

4010-1402-77010-909045 Budget: $158,181.44 Actual: $158,181.44
Budget Adjustment/Transfer Required: No
Prepared: 6/22/2010 09:17 AM by Lana King
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CITY OF IRVING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves the attached discretionary service agreement
between the City of Irving and Oncor Electric Delivery Company, LLC, for
undergrounding of electric facilities at the West Irving Library in an amount not to
exceed $158,181.44, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 65
13.a
Packet Pg. 66
Attachment: Oncor DSA West Irving Library (3437 : 19 DSA Agmt Oncor for West Irving Library)
13.a
Packet Pg. 67
13.a
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AGENDA ITEM SUMMARY

Recommending Department: Capital Improvement Program LSR No: 11256
Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Oncor Electric Delivery Company, LLC, for Phase 1
Undergrounding of Existing Aerial Utilities at Various Locations in Las
Colinas (Spur 348 Crossing)
2. Impact: This project will provide for the undergrounding of existing aerial utilities at
Spur 348 and SH 114 in Las Colinas and will provide a redundant electric service
for the Convention Center site. This will improve the visual impression of the area,
promote economic development and reduce the possibility of power outages
caused by inclement weather events.
4. The Las Colinas Association (TLCA), our partner in utility undergrounding in the Las
Colinas area, will fund 35% of this agreement cost. TLCA will reimburse the city for
their share of the project cost after the work is completed.
5. Funding in the amount of $18,586.05 is available in the Non-Bond CIP Fund and
$34,516.95 is available in the Street Improvement Bond Fund for the total amount
of $53,103.00.
Recommendation
Contract Required: Yes Review Completed By: Kuruvilla Oommen
.
ATTACHMENTS:
Oncor DSA Las Colinas (PDF)
Underground Conduit (PDF)
Packet Pg. 69
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4001-1902-77010-909050 Budget: $18,586.05 Actual: $18,586.05
4005-1902-77010-909050 Budget: $34,516.95 Actual: $34,516.95
P0187238
Prepared: 8/23/2010 04:06 PM by Kay Corrales
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached discretionary service agreement
between the City of Irving and Oncor Electric Delivery Company, LLC, for Phase 1
undergrounding of existing aerial utilities at various locations in Las Colinas (Spur
348 Crossing) in the amount of $53,103.00, and the Mayor is authorized to execute
said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 4001-1902-77010-909050 in
the amount of $18,586.05 and Account No. 4005-1902-77010-909050 in the amount
of $34,516.95.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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14.a
Packet Pg. 72
Attachment: Oncor DSA Las Colinas (3538 : 19 DSA Agmt Oncor Las Colinas Undergrounding)
14.a
Packet Pg. 73
Attachment: Oncor DSA Las Colinas (3538 : 19 DSA Agmt Oncor Las Colinas Undergrounding)
14.b
Packet Pg. 74
Attachment: Underground Conduit (3538 : 19 DSA Agmt Oncor Las Colinas Undergrounding)
15
AGENDA ITEM SUMMARY

Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding a Contract to S.J. Louis Construction of Texas,

LTD., for Delaware Creek Sanitary Sewer Interceptor Project
2. Impact: This project will replace two sewer mains along Delaware Creek between
Second Street and Grauwyler Road that have met or exceeded their design life with
one large main which will also provide additional needed capacity. This project will
also widen and upgrade Sowers Road between Rock Island Road and Pioneer
Drive, to a concrete curb and gutter road with sidewalk improvements on the east
side since the alignment of the new main will go under Sowers Road requiring its
reconstruction.
3. This project was bid with a new contract bidding method called A+B bidding that
assigned a daily value to the amount of days bid by the contractor for bid
evaluation. The contract award is based on the Base Bid (A) and the contractor will
be required to complete the contract in the number of days bid. Incentive pay for
early completion or liquidated damages assessed for failure to complete in time will
be $3,000.00 per calendar day. Six bidders submitted prices and the lowest A+B
evaluated bidder also supplied the lowest base bid.
4. S.J. Louis Construction of Texas, LTD. submitted the lowest and best bid of
$5,866,540.06 with a project completion time of 332 calendar days. An additional
$58,459.94 is required for testing and an additional $30,000.00 will be placed on
reserve for potential incentive pay, bringing the total cost of the project to
$5,955,000.00. This is $545,000.00 (8.4%) below the funding allocated for this
project.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
31%.
6. Funding in the amount of $5,955,000.00 is available in the General Fund, the Storm
Sewer Bond Fund, and the Sanitary Sewer Bond Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
On July 30, 2010, bids were received for the Delaware Creek Sanitary Sewer Interceptor
Project. The following is a tabulation of bids received:
Packet Pg. 75
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Bidder Base Bid Time Bid Total Evaluated Calendar

(A) (B) Bid (A+B) Days Bid
S.J. Louis Construction of $5,866,540.06 $ 996,000.00 $6,862,540.06 332
Texas, LTD.
Lewis Contractors, Inc. $6,358,872.85 $1,005,000.00 $7,363,872.85 335
Ark Contracting Services $6,333,414.00 $1,080,000.00 $7,413,414.00 360
North Texas Contracting, $6,515,008.50 $ 900,000.00 $7,418,008.50 300
Inc.
Davis Excavation, Inc. $6,347,084.95 $1,095,000.00 $7,442,084.95 365
Earth Builders, LP $6,715,887.65 $ 900,000.00 $7,615,887.65 300
ATTACHMENTS:
Delaware Creek Bid Summary (PDF)
Delaware Creek Recommendation Letter (PDF)
Delaware Creek drawing (PDF)

1001-2310-56101-100 Budget: $ 86,274.00 Actual: $ 86,274.00
4006-1902-71601-908032 Budget: $ 397,693.04 Actual: $ 397,693.04
5412-3271-71401-908032 Budget: $5,441,032.96 Actual: $5,441,032.96
5412-3271-71401-906025 Budget: $ 30,000.00 Actual: $ 30,000.00
P0187380
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of S.J. Louis
Construction of Texas, LTD, in the amount of $5,866,540.06 for Delaware Creek
Sanitary Sewer Interceptor Project and awards the contract to said company in said
amount and authorizes the Mayor to execute said contract.
SECTION II. THAT $58,459.94 is hereby approved and authorized for testing to be performed by
the City of Irving's contracted testing firm. An additional $30,000.00 is hereby
approved and authorized to be placed on reserve for potential incentive pay.
SECTION III. THAT this expenditure shall be charged to Account No. 1001-2310-56101-100 in the
amount of $86,274.00; Account No. 4006-1902-71601-908032 in the amount of
$397,693.04; Account No. 5412-3271-71401-908032 in the amount of $5,441,032.96;
and Account No. 5412-3271-71401-906025 in the amount of $30,000.00 for a total
amount of $5,955,000.00.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 78
15.a
Packet Pg. 79
Attachment: Delaware Creek Bid Summary (3531 : 19 Awd SJ Louis Const for Delaware Creek SS)
15.b
Packet Pg. 80
Attachment: Delaware Creek Recommendation Letter (3531 : 19 Awd SJ Louis Const for Delaware Creek
15.c
MOOR
BROADMOOR
GRAUW
GRAUWYLER
YLER
.
TREEE
MAYKUS
MAYKUS
T TRE
BROAD
MOS
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BRADY
BRADY
BEN
CASON
CASON
OD
MOSSWOOD
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MOSSWO
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WOODL EIGH 1" = 400'

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August 26, 2010

THU
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Attachment: Delaware Creek drawing (3531 : 19 Awd SJ Louis Const for Delaware Creek SS)
LIVELY
O
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PIONEE R
MACARTHUR
MACARTHUR
SSO
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VIRGINIA
VIRGINIA
LEGEND VIR GINIA
VIRGIN IA
6" - 12" SANITARY SEWER
ET SUNS
SUNSET
½
!
24" - 48" SANITARY SEWER

SANITARY SEWER SLIP LINE !
½
!
½ IRVING FIBER OPTIC CABLE
NOR
O'CONNOR
PROPOSED WATER MAIN

O'CON
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ISLAND !
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CHARLES
CHARLES
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SCHULZE
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DEWEY
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CITY OF IRVING
SANDR
SCHULZE
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Capital Improvement Program THIRD
THIRD
D:\GIS\2009\Exhibits\Delaware_Interceptor_consensus.mxd Packet Pg. 81
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AGENDA ITEM SUMMARY

Resolution -- Awarding a Contract to Murphy Pipeline Contractors, Inc., for

2009 Water Main Replacement Section II and Milner Road Sanitary Sewer
Rehabilitation Project
2. Impact: This project provides for the continued maintenance and improvement of
the city’s water and sewer system.
3. This project will pipe burst (pipe relining process) and replace approximately 4,720
linear feet of deteriorated water main and restore 730 linear feet of sanitary sewer.
This will include replacement of services, valves, fire hydrants and a sewer manhole
along the following streets:
a. Milner Road from East Union Bower to East Grauwyler Road
b. Mullins Street from Milner Road to Nursery Road
c. Grosse Point from Milner Road to the end of the street
d. Ross Drive from Milner Road to the end of the street
e. Cartwright Street from North Story Road to William Brewster Drive
4. The lowest responsible and responsive bidder was Murphy Pipeline Contractors,
Inc., in the amount of $486,354.00. An additional $4,864.00 is needed for testing,
bringing the total cost of the project to $491,218.00. This is $183,782.00 (27%)
below the funding allocated for this project.
5. Funding in the amount of $491,218.00 is available in the Sanitary Sewer Bond Fund
and the Water Improvement Bond Fund.
Recommendation
.
On August 6, 2010, bids were received for the 2009 Water Main Replacement Section II and
Milner Road Sanitary Sewer Rehabilitation Project. The following is a tabulation of bids
received:
Murphy Pipeline Contractors, Inc. $486,354.00 100 Calendar Days

SKE Construction, LLC. $569,897.90 100 Calendar Days
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16
RKM Utility Services, Inc. $683,254.00 100 Calendar Days
This is the first water main pipe bursting project done in the City of Irving. It is expected to be
done quicker and with less disruption to the public than a conventional open cut installation.
The price bid by the low bidder is approximately $88.00 per linear foot of water main installed
versus $110.00 per linear foot for conventional open cut. After completion of the project, staff
will analyze whether this should be a preferred method of installation for future projects.
ATTACHMENTS:
2009 Water Main Repl Sec II drawings (PDF)

5412-3271-71401-909034 Budget: $ 75,168.00 Actual: $ 75,168.00
5411-3251-75901-909034 Budget: $416,050.00 Actual: $416,050.00
P0187372
Budget Adjustment/Transfer Required: Yes\No (If yes, please explain.)
Prepared: 8/20/2010 02:57 PM by Lana King
Packet Pg. 83
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Murphy Pipeline
Contractors, Inc., in the amount of $486,354.00 for 2009 Water Main Replacement
Section II and Milner Road Sanitary Sewer Rehabilitation Project and awards the
contract to said company in said amount and authorizes the Mayor to execute said
contract.
SECTION II. THAT $4,864.00.00 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. 5412-3271-71401-909034 in
the amount of $75,168.00 and Account No. 5411-3251-75901-909034 in the amount
of $416,050.00 for a total amount of $491,218.00.
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 85
16.a
Packet Pg. 86
Attachment: 2009 Water Main Repl Sec II drawings (3534 : 19 Awd Murphy Pipeline for 2009 WM Repl Sec
16.a
Packet Pg. 87
Attachment: 2009 Water Main Repl Sec II drawings (3534 : 19 Awd Murphy Pipeline for 2009 WM Repl Sec
17
AGENDA ITEM SUMMARY

Resolution -- Awarding a Contract to Insituform Technologies, Inc., for the

Trenchless Rehabilitation of Two Water Mains
2. Impact: This project will install a new pipe liner in two existing water mains which
will allow the life cycle of the pipes to be extended without the need to replace the
pipes through the open cut method. The open cut method of pipe replacement
would cause problems at both of these sites. This new method of using the pipe
liner is less expensive therefore this project will save over $23,000.00.
3. Capital Improvement Program staff requested a quote from Insituform
Technologies, Inc., to install a new trenchless pipe liner method for water mains for
an 80 foot section of an 8-inch main cement fiber pipe under a levee at the new
Convention Center site. Staff also requested a quote to install this new trenchless
pipe liner method for water mains for a 440 foot section of cast iron pipe under a
concrete alley that also contains a sewer main, a gas main, and grease traps at 808
East Irving Boulevard.
4. Insituform Technologies, Inc. submitted a quote in the amount of $133,020.00 or
approximately $255.81 per linear foot. An additional $2,000.00 is required for
testing and an additional $10,000.00 will be placed on reserve for contingency,
bringing the total cost of the project to $145,020.00.
5. Traditional open cut methods are not allowed at the Convention Center site since it
is under a levee, nor would a new main be allowed to be bored through the base of
the levee. Traditional open cut methods in the utility easement at the 808 East
Irving Boulevard location would cost almost $300.00 per linear foot as it would
require the removal and replacement of a sewer main that is in good condition
within the alley, and the removal and replacement of the 13 foot wide private alley.
6. This new trenchless method is a State of Texas Buy Board purchase per the
attached proposal.
7. Funding in the amount of $145,020.00 is available in the Water Improvement Bond
Fund.
Recommendation
.
The cement fiber water main under the levee on the west side of the Convention Center site
Packet Pg. 88
17
has been replaced west and east of the levee, with plastic pipe. Historical experience with
cement fiber pipe has shown to last as few as 20 years and this main is almost 37 years old.
The liner pipe should extend the life of this main 50 years or more. Not installing the liner
pipe runs the risk of the cement fiber pipe leaking and damaging the levee resulting in costly
repairs and potential property damages if it were to occur during a major flood.
The cast iron pipe under the private alley on the west side of 808 East Irving Boulevard is 40
to 50 years old and has met its design life due to the maintenance issues Water Utilities has
with this main. The liner pipe should extend the life of this main 50 years or more. Not
installing the liner pipe will create further disruptions of water service to the businesses at 808
East Irving Boulevard as Water Utilities continues to fix leaks on the main.
ATTACHMENTS:
Trenchless Rehabilitation Proposal (PDF)
WL Under Levee at Conv. Center (PDF)
Alley WL West of 808 E Irving Blvd (PDF)

5411-3251-75901-909035 Budget: $145,020.00 Actual: $145,020.00
P0187321
Packet Pg. 89
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Insituform
Technologies, Inc., in the amount of $133,020.00 for Trenchless Rehabilitation of
Two Water Mains and awards the contract to said company in said amount and
authorizes the Mayor to execute said contract.
SECTION II. THAT $2,000.00 is hereby approved and authorized for testing to be performed by the
City of Irving's contracted testing firm and an additional $10,000.00 is approved and
authorized as a contingency.
SECTION III. THAT this expenditure shall be charged to Account No. 5411-3251-75901-909035 in
the total amount of $145,020.00.
__________________________________
Max S. Duplant, CPA
Packet Pg. 90
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 91
17.a
Packet Pg. 92
Attachment: Trenchless Rehabilitation Proposal (3542 : 19 Awd Insituform for Trenchless Rehab 2 Wtr Mains)
17.a
Packet Pg. 93
17.a
Packet Pg. 94
17.b
Packet Pg. 95
Attachment: WL Under Levee at Conv. Center (3542 : 19 Awd Insituform for Trenchless Rehab 2 Wtr Mains)
17.c
Packet Pg. 96
Attachment: Alley WL West of 808 E Irving Blvd (3542 : 19 Awd Insituform for Trenchless Rehab 2 Wtr
18
AGENDA ITEM SUMMARY

Recommending Department: Real Estate & Development LSR No: 11318
Resolution -- Approving a Sales Contract for the Acquisition of a Single-

Family Residence Located at 206 Larry Drive - Rodrigo and Yolanda Ortiz,
Property Owners
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: Acquisition of this property will provide flexibility to accommodate municipal
purposes.
3. The 2008, 2009 and 2010 tax assessed value of the property is $75,380.00,
$67,700.00, and $67,700.00, respectively. The property owner has agreed to sell
the property for $113,000.00, plus reimbursement of relocation costs not to exceed
$11,350.00, and plus closing costs not to exceed $6,000.00.
4. Funding in the amount of $130,350.00 is available in the current budget.
Recommendation
ATTACHMENTS:
Acq of 206 Larry - Location Map (PDF)
RES - Acq of 206 Larry Drive - Contract (PDF)

4010-1402-77009-909058 Budget: $130,350.00 Actual: $130,350.00
Prepared: 8/24/2010 09:30 AM by Cynthia Castro
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Sales Contract with Rodrigo
and Yolanda Ortiz in the amount of $113,000.00, plus reimbursement of relocation
costs not to exceed $11,350.00, and closing costs not to exceed $6,000.00, for the
acquisition of a single-family residence located at 206 Larry Drive, and the Mayor is
authorized to execute said contract and related conveyance documents.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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18.a
Central Library
City Hall
Attachment: Acq of 206 Larry - Location Map (3539 : 29 Acq 206 Larry Drive - Ortiz)
206 Larry Drive
Sowers
Shulze
Larry Drive
08/25/2010
Location Map
Disclaimer/Limitation of Liability:
All data, specifically including the geographic data herein are provided "as is"
without warranty of any kind, either expressed or implied, or statutory, including,
but not limited to, the implied warranties of merchantability and fitness for a
particular purpose. The user assumes the entire risk as to the quality and
performance of the data.
Rodrigo & Yolanda Ortiz
206 Larry Drive ´
1 inch = 278 feet
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Attachment: RES - Acq of 206 Larry Drive - Contract (3539 : 29 Acq 206 Larry Drive - Ortiz)
18.b
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AGENDA ITEM SUMMARY

Recommending Department: Real Estate & Development LSR No: 11333
Resolution -- Approving an “Add Space and Lease Renewal Amendment”

with the State of Texas (Texas Department of Human Services) to Lease an
Additional 3,585 Square Feet and Extend the Existing Lease for an
Additional Five Years for Offices Located in the City’s Human Services
Building Located at 440 South Nursery Road
2. Impact: Expanding the State’s lease to include the entire second floor of the
building will provide added income of $25,271.28 per year while utilizing previously
vacant office space.
3. The State has occupied space on the second floor of the City’s Human Services
Building located at 440 S. Nursery Road since 1992. The State has requested to
expand its operations to occupy the entire second floor of the Human Services
Building. The State will provide tenant finish out in an amount not to exceed
$30,000.00. The State has asked to extend its lease an additional 5 years to
recoup their tenant finish-out costs. The existing lease expires December 31,
2012. The lease renewal amendment will extend the lease to December 31, 2017.
4. The State currently pays $69,517.68 annually, plus utilities. The request is to add
an additional 3,585 square feet to take in the entire second floor of the building,
bringing the total lease space to 13,446 square feet at an initial annual rental rate
of $94,788.96 annually, an increase of $25,271.28. The lease includes a CPI
adjustment clause beginning at the 2012 lease year.
Recommendation
Previous Action: 7-11-02-239; 12-13-07-488 Council Action: Extension of Lease
ATTACHMENTS:
RES Agree Lease Renewal Amendment for 440 S Nursery - Contract (PDF)

None
Prepared: 8/24/2010 12:33 PM by Cynthia Castro
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Last Updated: 9/1/2010 12:08 PM by Belinda Rowlett
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Add Space and Lease Renewal
Amendment between the City of Irving and the State of Texas (Texas Department of
Human Services) to extend the existing lease for an additional five years and to lease
an additional 3,585 square feet, for a total of 13,446 square feet of space located in
the City’s Human Services Building located at 440 South Nursery Road, and the
Mayor is authorized to execute said agreement
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Agree Lease Renewal Amendment for 440 S Nursery - Contract (3544 : 29 Agree Lease
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AGENDA ITEM SUMMARY

Recommending Department: Water Utilities LSR No: 11324
Resolution -- Approving an Agreement Between the City of Irving and

Trinity River Authority to Provide Water and Wastewater Laboratory
Analysis Services to Meet Federal and State Standards for the City of
Irving, Texas
2. Impact: This contract benefits the City of Irving residents by performing laboratory
analysis of the City’s water and wastewater to verify that it meets and exceeds state
and federal standards.
3. The City is required by federal and state law to routinely sample and perform
laboratory analysis of the water and wastewater generated within the City. The
Trinity River Authority (TRA) has one of the few laboratories in our area certified by
the state to perform our required tests.
4. TRA has provided excellent service to Irving and many other cities for over 20
years. TRA is conveniently located in Grand Prairie, which minimizes our staff time
required for daily deliveries. They also test and provide results quickly and will work
weekends, as needed, to meet the City’s needs.
5. Funding in the amount of $216,000.00 is available in the Water and Sewer System
Fund and $54,000.00 is available in the Municipal Drainage Utility Fund.
Recommendation
Previous Action: 2009-413 Council Action: Award of Contract
ATTACHMENTS:
FY11 Lab Contract (PDF)
FY 2011 Laboratory and Technical Services Fees (PDF)

5402-3211-56401-1160 $216,000.00, 5041-4140-56401-1160 $54,000.00, Actual:
$270,000.00
P0 Issued Upon New Oct. 1, 10-11FY
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Prepared: 8/25/2010 01:19 PM by Regina Bishop

Last Updated: 9/3/2010 10:55 AM by Regina Bishop
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CITY OF IRVING
WHEREAS, the City of Irving wishes to continue to contract with the Trinity River Authority
of Texas for water and wastewater laboratory services; and
WHEREAS, Chapter 791, Texas Government Code, authorizes local governments to contract
between themselves for these services;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and the Trinity River Authority of Texas whereby said Authority will provide
water and wastewater laboratory services to the City for a period of October 1, 2010,
through September 30, 2011, at a cost not to exceed $270,000.00, and the Mayor is
authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 5402-3211-56401-1160 in an
amount not to exceed $216,000.00 and Account No. 5041-4140-56401-1160 in an
amount not to exceed $54,000.00.
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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CONTRACT FOR TECHNICAL SERVICES
I. CONTRACTING PARTIES
The Receiving Agency: City of Irving, whose authorized address is 825 W. Irving Blvd., P.O. Box
152288, Irving, Texas 75015-2288, Attn: City Manager (or designated representative).
The Performing Agency: Trinity River Authority of Texas, whose authorized address is 5300 South
Collins, P. O. Box 240, Arlington, Texas 76004-0240, Attention: Danny F. Vance, General Manager
Attachment: FY11 Lab Contract (3552 : 32 TRA Laboratory Analysis Agreement)

(or his designated representative).
II. STATEMENT OF SERVICES TO BE PERFORMED
In order to discharge the responsibilities associated with the enforcement of Federal, State, and
City regulations, the Receiving Agency requires services of a laboratory qualified to perform water
and wastewater analysis, and of personnel to conduct industrial inspection and/or sampling
services, such services detailed in Section A, Subsection(s) 3, below.
A. PERFORMANCE OF SERVICES
1. Industrial Inspection Services

In keeping with the foregoing, the Receiving Agency employs the Performing Agency and
the Performing Agency agrees to perform industrial inspection services within the
parameters listed on the attached schedule sheet.
The Performing Agency (Trinity River Authority of Texas) shall perform all Industrial
Pretreatment Inspections, review permit applications and prepare for submittal Permits to
Discharge Industrial Wastes to the Sanitary Sewer in accordance with procedures
established by the Trinity River Authority of Texas in accordance with 40 CFR Part 403.8.
Industrial Pretreatment Inspections, Application reviews and Permit preparations and
submittals shall be in compliance with the Receiving Agency's Industrial Waste
Ordinances, Sewer Ordinances Numbers N/A, and EPA General Pretreatment
Regulations for Existing and New Sources. Records of Inspections, Applications and
Permits shall be maintained as required by EPA General Pretreatment Regulations, 40
CFR Part 403.12.
2. Industrial Sampling Services

the Performing Agency agrees to perform industrial sampling services within the
parameters listed on the attached schedule sheet and in accordance with the Receiving
Agency's Industrial Waste Ordinances and Sewer Ordinances Numbers
N/A.
The Performing Agency (Trinity River Authority of Texas) shall perform all sample
collections, sample preservation, and maintenance of chain-of-custody records in
accordance to the approved procedures set forth in Test Methods for Evaluating Solid
Waste, EPA Manual SW-846, Methods for Chemical Analysis of Water and Wastes, EPA
Manual EPA-600/4-79-020, and the Handbook for Sampling and Sample Preservation of
Water and Wastewater, EPA Manual EPA-600/4-82-029.
The samples shall be properly collected, preserved and delivered by the Performing
Agency to the Performing Agency's laboratory located at 6500 West Singleton Blvd.,
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20.a
Dallas, Texas. When feasible, flow or time composited sampling will be conducted.
When composited sampling is not feasible, grab sampling will be appropriate.
3. Analytical Services
the Performing Agency agrees to perform analytical services within the parameters listed
on the attached schedule sheet.
The Receiving Agency will collect samples and deliver them to the laboratory for analysis.
It is understood that these samples will be properly collected and preserved in accordance
with applicable sections of A Practical Guide to Water Quality Studies of Streams, Federal

Water Pollution Control Administration publication and Methods for Chemical Analysis for
Water and Wastes, EPA manual, as well as the latest edition of Standard Methods for the
Examination of Water and Wastewater. Additionally, requirements set by the National
Environmental Laboratory Accreditation Conference will be followed as mandated by the
Texas Commission on Environmental Quality for state accreditation. A chain-of-custody
procedure shall be maintained in the field and the laboratory in accordance with
procedures to be established by the Receiving Agency. The Receiving Agency will furnish
chain-of-custody.
The Performing Agency (Trinity River Authority of Texas) will perform all analyses
according to the approved procedures set forth in Standard Methods for the Examination
of Water and Wastewater, current edition or the latest edition of Methods for Chemical
Analysis of Water and Wastes, EPA manual. Additionally, requirements set by the
National Environmental Laboratory Accreditation Conference will be followed as
mandated by the Texas Commission on Environmental Quality for state accreditation.
Samples will be analyzed by these methods on the production basis, to include
appropriate analytical quality assurance procedures. Records will be kept for
documentation of the Performing Agency's quality assurance program and copies will be
available to the Receiving Agency upon request. Unusual interferences and problems will
be reported to the Receiving Agency at its authorized address noted above. Research
into specific techniques to overcome these difficulties will be undertaken when practical,
and by mutual agreement. The chain-of-custody sheet submitted with each sample will
designate the particular analysis or analyses to be made of each sample submitted. The
laboratory will be operated in such a manner as to insure the legal sufficiency of the
sample handling; analytical and reporting procedures; and to remedy effects in the
procedures should such be discovered.
The various laboratory personnel shall be directed upon receipt of written notice from the
Receiving Agency 72 hours in advance, to appear and testify in enforcement actions. In
such event, travel and per diem expenses for such employees shall be paid by the
Receiving Agency. Travel and per diem for court appearances hereunder shall be based
on current State laws.
Receiving Agency may deliver to Performing Agency samples for analysis separate and
apart from those samples collected by the Performing Agency. When the Receiving
Agency delivers samples to the Performing Agency for analysis, the Receiving Agency
shall indicate the nature and extent of the analyses it desires to be conducted. Performing
Agency shall not be responsible for the manner of collection or chain-of-custody or sheets
which are matters entirely outside Performing Agency's control. Performing Agency shall
receive, log and perform such analyses of samples in accordance with that part of the
chain-of-custody procedures identified as Transfer of Custody and Storage attached
hereto.
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Samples analyzed to maintain the normal quality assurance program which the
Performing Agency presently maintains in its laboratory will be charged to the Receiving
Agency at the same rate as submitted samples.
B. TERMINATION
Either party to this Contract may terminate the Contract by giving the other party thirty (30)
days notice in writing at their authorized address as noted previously. Upon delivery of
such notice by either party to the other and before expiration of the thirty (30) day period,
the Performing Agency will proceed promptly to cancel all existing orders, contracts, and
obligations which are chargeable to this Contract. As soon as practicable after notice of

termination is given, the Performing Agency will submit a voucher for work performed
under this Contract through its termination. The Receiving Agency will pay the Performing
Agency for the work performed less all prior payments. Copies of all completed or partially
completed reports, documents, and studies prepared under this Contract will be delivered
by the Performing Agency to the Receiving Agency when and if this Contract is terminated
prior to the completion of the prescribed work.
C. AMENDING THE CONTRACT
The parties hereto without invalidating this Contract may alter or amend this Contract
upon advance written agreement of both parties to exclude work being performed or to
include additional work to be performed and to adjust the consideration to be paid
hereunder by virtue of alterations or amendments.
III. BASIS FOR CALCULATING REIMBURSABLE COSTS
The financial basis for calculating reimbursable costs shall be as stated in Attachment A, said
attachment A shall be revised and updated annually. A cost analysis shall be prepared each year
by the Trinity River Authority of Texas and shall be approved by the Trinity River Authority of Texas
Board of Directors prior to effective date of said revision.
The expenditures by the Trinity River Authority of Texas of funds paid to it under this Contract shall
be subject to such State or Federal audit procedures as may be required by law and by accepted
practices of the State or Federal auditor, or both, if requested. The Trinity River Authority of Texas
shall be responsible for maintaining books of account that clearly, accurately and currently reflect
financial transactions. The financial records must include all documents supporting entries on the
account records which substantiate costs. The Trinity River Authority of Texas must keep the
records readily available for examination for a period of three (3) years after the close of the last
expenditure.
Reimbursement for the inspection, sampling, and/or analytical costs, and cost for any travel and per
diem expenses shall not exceed zero dollars ($0.00) for the period of this Contract.
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IV. CONTRACT AMOUNT
The total amount of this Contract shall not exceed two hundred seventy thousand dollars
($270,000.00) nor be less than fifty thousand dollars ($50,000.00), per annum, unless mutually
agreed by the parties hereto. Payments made under this Agreement shall be made from currently
available funds.
V. PAYMENT FOR SERVICES
The Performing Agency shall bill the Receiving Agency monthly for services performed. Charges
for these services shall be based on the attached cost schedules.

The Receiving Agency shall pay the monthly billings of the Performing Agency within thirty (30)
days of their receipt.
VI. TERM OF CONTRACT
This Contract is to begin October 1, 2010 and shall terminate September 30, 2011 subject to
Section II, paragraph B of this contract.
VII. INTERLOCAL AGREEMENT
Inasmuch as the Receiving Agency and the Performing Agency are political subdivisions of this
state, and inasmuch as the testing of water and wastewater are critical to the maintenance of public
health and such testing is therefore, a governmental function and service, this contract shall be
deemed authorized by the Interlocal Cooperation Act, Chapter 791, Texas Government Code.
Receiving Agency: Performing Agency:
CITY OF IRVING TRINITY RIVER AUTHORITY OF TEXAS
BY: BY:
TITLE: GENERAL MANAGER
DATE: DATE:
ATTEST: ATTEST:
(SEAL) (SEAL)
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CHAIN-OF-CUSTODY PROCEDURES
Sample Collection and Shipment
1. To the maximum extent achievable, as few people as possible should handle a sample.
2. Stream and effluent samples should be obtained using standard field sampling techniques and
preservation procedures.
3. Chain-of-Custody sheets should be attached to each sample at the time it is collected. Sample

containers must be appropriate for requested testing with appropriate preservation and legibly
labeled.
The tag or sheet contains basically laboratory (requested parameters) information; however, certain
identifying items including City, City Code, Contact Name and Phone Number, Type Sample Matrix,
Material Sampled, and Method of Preservation must be completed by the field personnel collecting
the sample.
In completing the Chain-of-Custody tag or sheet, care should be utilized to insure that all necessary
information is correctly and legibly entered onto the form. A black ballpoint with water proof ink
should be used at all times.
4. During shipment, samples should be appropriately cooled. TRA lab receiving technician will check
temperature.
Transfer of Custody and Storage
1. All samples should be handled by the minimum possible number of persons.
2. All incoming samples shall be received by the laboratory technician or his alternate, and logged into a
record book (log book). Information to be entered into the Log Book shall include the client sample
number, date received, source, time(s) sampled, date(s) sampled, and analyses requested and
comments from the Chain of Custody.
3. Promptly after logging, the custodian technician will distribute the sample to an analyst or place the
sample in the secure sample vault, which will be locked at all times except when samples are
removed or returned by analysts.
4. Samples shall be kept in the sample storage security area at all times when not actually being used
by analysts, such as during overnight absences. The technician shall ensure that heat-sensitive
samples, or other sample materials having unusual physical characteristics, or requiring special
handling, are properly stored and maintained.
5. A log of sample removal and replacement will be kept in the secure sample vault and be retained as a
permanent record of the laboratory.
6. The original Chain of Custody and a Sample Evaluation/Variance record shall be sent by the
laboratory to the appropriate Receiving Agency control point as part of the final data report.
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EXHIBIT A
Attachment: FY 2011 Laboratory and Technical Services Fees (3552 : 32 TRA Laboratory Analysis Agreement)
TECHNICAL SERVICES FEE SCHEDULE
FOR
LABORATORY ANALYSES,
INDUSTRIAL INSPECTIONS
AND
INDUSTRIAL SAMPLING
FISCAL YEAR 2011
December 1, 2010 through November 30, 2011
NELAP CERTIFICATE T104704287-09-TX
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CHEMICAL ANALYSES
Liquid Samples
Alkalinity: Phosphorus:
Total (*) (**) $10.75 Ortho (*) $11.50
Phenolphthalein $10.85 Total (*) $22.00
Bicarbonate $14.93
Carbonate $16.00 Solids:
Total (TS) $13.00
Biochemical Oxygen Demand: Total Dissolved (TDS) (*) $18.70
5-Day (*) $26.90 Total Suspended (TSS) (*) $18.25
5-Day Carbonaceous (*) $27.60 Volatile Suspended (VSS) (*) $ 8.40
5-Day Filtered (Dissolved) $35.00 (after TSS)
7-Day $32.00
Extra Dilution (Each) $ 2.50 Sulfate (*) $12.00
Sulfide $16.50
Chlorophyll “a” $17.35 Surfactants - MBAS $34.56
Chlorophyll “a” and Pheophytin $22.55 Turbidity (*) (**) $10.00
Chemical Oxygen Demand (*) $15.00 UV254 $19.50
Chloride (*) $12.00
Conductance, Specific (*) (**) $ 9.00 Mercury (*) (**) $22.70
Cyanide Metals (EPA 200.8) (*) (**) (***) $12.00 each

Total (*) $38.50 Aluminum Lead
Amenable to Chlorination) (*) $50.00 Arsenic Manganese
Fluoride, Total (**) $12.00 Antimony Molybdenum
Glycols $13.50 Barium Nickel
Hardness (*) (**) $15.25 Beryllium Selenium
Boron Silver
Nitrogen: Cadmium Thallium
Ammonia (*) $12.80 Chromium Tin
Ammonia by Distillation (*) $20.50 Cobalt Vanadium
Kjeldahl, Total (*) $23.00 Copper Zinc
Nitrate (*) $12.00 Iron
Nitrite (*) $12.00
Organic $46.70 Minerals (*) $12.00 each
Calcium
Oil and Grease (*) $51.00 Magnesium
Potassium (***)
Organic Carbon: Silica
Dissolved $18.00 Sodium
Total (*) (**) $16.50
pH (*) $ 9.40
Solid Samples
Ammonia (***) $29.80

Chemical Oxygen Demand $35.00
Nitrogen, Kjeldahl, Total $28.00
Phosphorus, Total (***) $25.00
pH (***) $13.00
Percent Solids, Total and Volatile $13.00
Mercury (***) $53.50
Metals Preparation $29.25
NELAC Accreditation
*Non-Potable Water
**Drinking Water
*** Solids
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MICROBIOLOGICAL ANALYSES___
Drinking Water: Other:
Total Coliform (MMO/MUG) (**) $ 13.75 Coliform, Fecal (Membrane Filter) (*) $ 15.25
Heterotrophic Plate Count $ 15.75 Coliform, Fecal (MPN) (***) $ 45.00
Coliform, Total (MPN–Q Tray) $ 16.50
E. Coli (MPN–Q Tray) (*) $ 16.50
Streptococcus, Fecal (Membrane Filter) (*) $ 15.65
Heterotrophic Plate Count $ 15.75
Microscopic General Examination $ 19.80
TRACE ORGANIC (GC-GC/MS) ANALYSES
Pesticides/PCB
EPA 624 (*) Extraction/Preparation

14 Day (preserved) $120.00 Liquids $100.00
3 Day (unpreserved) $220.00 Solids $100.00
BTEX (only) $105.00
Trip Blanks $ 55.00 EPA 608 (*)
Full List $ 88.80
EPA 625(*) Chlorinated Pesticides (only) $ 85.50
Total Semi-Volatiles $320.00 PCB (only) $ 95.00
EPA 525 EPA 8141

Atrazine $125.00 Diazinon $ 88.80
EPA 8082
Polychlorinated Biphenyls (PCB) $ 95.00
BY QUOTE ________
Chromium Hexavalent
Oil and Grease (solids)
Organophosphate Pesticide
Phenols
TCLP Metals
TCLP Organic Compounds
Total Petroleum Hydrocarbons (solids and liquids)
TOXICITY TESTING
Chronic, C. dubia (3 Brood) (*) $742.00

Chronic, P. promelas (Fathead Minnow – 7 Day) (*) $742.00
24 hr. Acute C. dubia (*) $238.00
24 hr. Acute P. promelas (Fathead Minnow) (*) $238.00
48 hr. Acute C. dubia $424.00
48 hr. Acute P. promelas (Fathead Minnow) $424.00
NELAC Accreditation
*Non-Potable Water
**Drinking Water
*** Solids
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INDUSTRIAL PRETREATMENT SERVICES
SAMPLING INSPECTION
Composite Sample $ 100.00 On-Site $ 105.00

Additional Composite Sample $ 35.00 On site unpermitted $ 90.00
Grab Sample $ 50.00 Permit Preparation (New) $ 150.00
Additional Grab Sample $ 10.00 Permit Renewal $ 95.00
Field pH $ 5.50
Field Measurement $ 10.00
Field Surveillance Event $ 240.00
pH or DO only $ 50.00
Sampling Event Cost for a Failed Sample $ 50.00
Industry Split Sample $ 25.00
Boat Fee $ 40.00
~Grab Sampling ~Installation of Automatic Composite Samplers

~Delivery to TRA Laboratory ~Verification of Application Data
~Field Testing Available ~Consultation with Industries on Industrial Pretreatment
~Sample Preservation ~Chemical Inventory Review
~Proper Chain of Custody ~Industry Split Sampling
NELAC Accreditation
*Non-Potable Water
**Drinking Water
*** Solids
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GENERAL SERVICE INFORMATION
1. Effective Date: December 1, 2010. All prices listed are per sample and subject to review.
2. All analyses are performed in accordance with “Standard Methods for the Examination of Water and Wastewater, ”
th
20 Edition, 1998 or most recent approved and/or EPA “Manual of Methods for Chemical Analysis of Water and
rd
Wastes,” 1983 and the “3 Edition of Solid Waste Manual SW 846.”
3. Prices include a 10 percent charge added to the analyses cost to maintain the normal quality assurance program.
4. Standard turn-around time is considered 15 business days for most testing. Priority is half of the standard time.
Customer requiring PRIORITY turn-around time will be billed at one and one-half (1 ½) times the routine rate.
Customer requiring RUSH turn-around time will be billed at two times the normal rate. It is recommended to call in
advance of sample submission or inquire at the time of submission for estimated turn-around time.
5. The Laboratory will follow instructions as stated on the Chain-of-Custody submitted with samples. The Customer
may be contacted by the lab representative on any variance issues and written instruction may be requested
concerning the variance.
6. For EPA624 VOC 3 day analysis, do not lower the pH of the sample.
7. Sampling supplies will be provided upon request at a reasonable charge. Bacteriological sampling supplies are
included in the cost of analyses.
8. Samples should be delivered to the laboratory before 4:00 p.m. on weekdays. Samples cannot be accepted on
weekends or holidays unless special arrangements are made in advance. Bacteriological samples should be
delivered prior to 2:00 p.m. unless special arrangements are made in advance. For after-hour samples, please call
and arrange for leaving in cold storage vault with analyses request form.
9. A monthly invoice for completed analyses is mailed the following month.
10. Laboratory hours are weekdays 7:00 a.m. to 4:30 p.m. To contact the lab about emergency samples use the
number below.
11. Environmental Field, Engineering Field and Pretreatment Services office hours are Monday through Friday, 8:00 a.m.
to 5:00 p.m. For after-hour emergencies, leave message with computer operator.
12. Environmental Field and Engineering Field Services are requested to be scheduled a minimum of 72 hours in advance.
13. Laboratory Certificate Number T104704287-10-2.
FOR MORE INFORMATION, CONTACT:

METRO: (972) 263-2251 FAX: (972) 975- 4414
WILLIAM B. CYRUS
Manager
Technical Services
CRAIG HARVEY JENNIFER MOORE JOHN HERNDON CATHY SIEGER

Laboratory Division Pretreatment Environmental Service Quality Assurance
Chief Coordinator Coordinator Coordinator
MARK ORBECK
Technical Services Engineer
NELAC Accreditation
*Non-Potable Water
**Drinking Water
*** Solids
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AGENDA ITEM SUMMARY

Recommending Department: Water Utilities LSR No: N/A
Resolution -- Authorizing Staff to Negotiate an Engineering Services

Agreement with Deltatek Engineering for Services Associated with the
Rehabilitation of Tank No. 4 at the Hackberry Pump Station and the
Northwest Elevated Storage Tank
2. Impact: This authorization allows us to negotiate an agreement for engineering
services required to rehabilitate Tank No. 4 at the Hackberry Pump Station and the
Northwest Elevated Tank.
3. This authorization is the first of a two step process. Staff will bring an Engineering
Services Agreement to Council for approval at a future meeting.
4. City staff administered a Request for Qualifications, RFQ # 160M-10F, to select an
engineering firm for these services. Six RFQ Responses were received and
reviewed by staff.
5. The RFQ Response submitted by Deltatek Engineering best meets the criteria
established in the RFQ. The team put together by Deltatek Engineering has a great
deal of experience executing projects similar to this one, including previous projects
here in Irving.
6. Tank No. 4 at the Hackberry Pump Station was constructed in 1993. An inspection
report completed earlier this year indicated that there is corrosion occurring within
the tank and that the interior of the tank needs to be repainted. The report also
noted that a structural repair needs to be made to the bracing that attaches the tank
inlet pipe to the tank wall. The exterior of the Northwest Elevated Tank was last
painted in 1987 and the coating is starting to fail and needs to be repainted. These
projects are vital to the operations of Water Utilities in extending the life of these
tanks.
Recommendation
Contract Required: N/A Review Completed By: N/A

N/A
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Last Updated: 9/2/2010 03:00 PM by Regina Bishop
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CITY OF IRVING
WHEREAS, pursuant to Section 2254.004 Government Code, the City Council has reviewed
the competence and qualifications of various professionals and has determined that Deltatek
Engineering, based on said demonstrated competence and qualifications for the type of professional
services to be performed, is the most highly qualified firm;

IRVING, TEXAS:
SECTION I. THAT based upon the demonstrated competence and qualifications of Deltatek
Engineering, the City Council initially selects said firm to provide engineering
services for rehabilitation of Tank No. 4 at the Hackberry Pump Station and the
Northwest Elevated Storage Tank.
SECTION II. THAT the City Council hereby directs that the Department of Water Utilities begin
negotiating a contract with the firm initially selected in Section I above.
SECTION III. THAT the price shall be fair and reasonable and should negotiations reach a
stalemate, the department made responsible for this contract in Section II above shall
return the item to the City Council agenda in order that the governing body may make
the final determination and if said governing body is unable to negotiate an
acceptable contract, formally end negotiations and begin negotiations with the second
most highly qualified person or firm following the procedure set forth in the
resolution and Section 2254.004 Government Code.
SECTION IV. THAT should a contract be negotiated, the matter shall be returned to the City
Council for final approval.
SECTION V. THAT this resolution shall take effect from and after its final date of passage, and it is
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21
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Recommending Department: Water Utilities LSR No: N/A
Resolution -- Approving and Accepting the Bid of AUI Contractors, LLC for
the Improvements to the Hackberry Pump Station
2. Impact: This project will increase the water distribution pumping capacity for
northwest Irving. An additional pump is needed to stay ahead of ongoing growth
and ensure pumping reliability.
3. AUI Contractors, LLC was the lowest responsive bidder with a bid of $400,000.00,
which is 20% under budget.
4. This project includes the installation of a 5 million gallon per day (mgd) pump at the
Hackberry Pump Station. This additional pump was recommended in the 2007
Update to the Water Distribution Master Plan.
5. The project also includes an adjustable frequency drive to maintain the highest
possible energy efficiency and minimize power cost.
6. AUI Contractors, LLC is using one certified Minority and/or Women-owned Business
Enterprise (M/WBE) as a sub-contractor for 36.3% of the services.
7. Funding in the amount of $400,000.00 is available in the Water and Sewer Bond
Improvement Fund.
Recommendation
Six bids were submitted and received on July 30, 2010 and the low bidder was AUI
Contractors, LLC with a bid of $400,000.00.
Contractor Base Bid
AUI Contractors, LLC $400,000.00
Legacy Contracting, LP $402,730.00
Steve Dake Construction, Inc. $425,000.00
Red River Construction Company $433,800.00
Lamarc, Inc. $454,317.00
ARK Contracting Services, LLC $488,000.00
The engineer’s estimate for this work was $509,700.00.
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22
ATTACHMENTS:
Hackberry PS Bid Tabulation (PDF)
Hackberry PS Recommendation of Award Letter (PDF)

5411-3231-71701-997023 Budget: $400,000.00 Actual: $400,000.00
P0187417
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and AUI Contractors, LLD, for improvements to the Hackberry Pump Station
in the amount of $400,000.00, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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22.a
BID TABULATION
Attachment: Hackberry PS Bid Tabulation (3556 : 32 AUI Contractors - Hackberry Pump Station Imp)
CLIENT: City of Irving, Texas PROJECT NO: IRV09281
PROJECT: Improvements to the Hackberry Pump Station BID DATE: July 30, 2010
AUI Contractors Legacy Contracting Steve Dake Construction Red River Construction Lamarc ARK Contracting
Description Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
1 Hackberry Pump Station Improvements as specified 1 LS $350,000.00 $350,000.00 $352,730.00 $352,730.00 $375,000.00 $375,000.00 $383,800.00 $383,800.00 $404,317.00 $404,317.00 $438,000.00 $438,000.00
in the plans
2 Contingency (per Section 01200) 1 LS $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00
TOTAL AMOUNT BID (BASE BID + ALTERNATE BID) $400,000.00 $402,730.00 $425,000.00 $433,800.00 $454,317.00 $488,000.00
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22.b
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Attachment: Hackberry PS Recommendation of Award Letter (3556 : 32 AUI Contractors - Hackberry Pump Station Imp)
22.b
Packet Pg. 134

Attachment: Hackberry PS Recommendation of Award Letter (3556 : 32 AUI Contractors - Hackberry Pump Station Imp)
23
AGENDA ITEM SUMMARY

Recommending Department: Water Utilities LSR No: 11200
Resolution -- Approving Change Order No. 4 to Eagle Contracting, L.P. for

the MacArthur Pump Station
2. Impact: This change order provides for additional required work at the MacArthur
Pump Station. Contingency funding will be used and the project is still within the
original budget.
3. The major items on this change order include asbestos abatement required prior to
demolition of the existing pump station, relocation of the fire alarm panel, structural
modifications to the building, rental of a portable generator to test the portable
generator connection cabinets, and modifications to the driveway approach.
4. Additional items include a credit for the electrical power to the new sump at the
Hackberry Pump Station, modifications to the sanitary sewer, and fire lane striping
and handicap signage.
5. The total amount of the change order is $40,481.37, which will be charged to the
existing contingency fund. After this change order, the contingency fund will have
an available balance of $146,123.36.
6. An additional 29 calendar days was added to bring the substantial completion date
to November 12, 2010 and the final completion date to December 12, 2010 to
account for the additional work.
Recommendation
Previous Action: 2008-556 Council Action: Approved
2009-351
2009-529
2010-54
ATTACHMENTS:
Change Order No 4 (PDF)
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23

N/A
P0178706
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23
CITY OF IRVING

SECTION I. THAT the City Council hereby approves Change Order No. 4 to the contract with
Eagle Contracting, L.P., which adds 29 calendar days to the contract time for the
MacArthur Pump Station, and the Mayor is authorized to execute the attached
Change Order.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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23.a
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Attachment: Change Order No 4 (3546 : 32 CO 4 Eagle Contracting)
23.a
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23.a
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24
AGENDA ITEM SUMMARY

Recommending Department: Irving Convention & Visitors Bureau LSR No: 11394
Resolution -- Approving and Accepting the Proposal of Verizon Business

Network Services Inc., on Behalf of Verizon Select Services Inc., for the
Technology Infrastructure for the Irving Convention Center
2. Impact: The technology infrastructure is a critical component of the new Convention
Center that will impact the city residents by promoting the City, which will generate
additional visitor spending in Irving.
3. To date, six solicitations have been processed awarded for the Furniture, Fixtures,
and Equipment (FF&E) items for the Irving Convention Center (ICC). The
recommendation has been prepared by a team made up of representatives from:
the facility operator, SMG; the ICVB staff; the owner’s representative, the Beck
Group; the City’s IT staff; and the project’s technology consultant, and is based
upon the selection method and evaluation criteria detailed in the RFP.
4. The technology infrastructure includes the following components: wired network;
wireless network; network/IT security; phone system; network management,
documentation and recommended training; and sponsorship considerations.
5. The Verizon proposal sponsorship component includes all of the AVAYA equipment
for the wireless infrastructure valued at over $90,000.00 (MLP).
6. The technology infrastructure supports not only the staff operations of the ICVB and
the ICC, but also the customer uses and requirements that will vary with each
different user’s rental of the facility.
7. Funding in the amount of $514,565.97 is available in the Convention Center
Construction Fund and ICVB General Fund.
8. The cost for the Wireless Network Infrastructure (Component 2) is a budgetary
amount and is subject to change upon completion of the site survey (estimated at
an additional $1,500.00 to $2,000.00 maximum).
Recommendation
Previous Action: Council Action:
.
Purchasing sent solicitation notices to 118 vendors for RFP #216D-10F and received 9
responses. This award is recommended to the Verizon Business Network Services, Inc., on
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24
behalf of Verizon Select Services Inc.

This is one of three solicitations being recommended for award on this Council meeting; other
FF&E solicitations remain in process.
ATTACHMENTS:
A. RES Verizon/City of Irving Agreement(DOC)
B. Fulcrum Group Recommendation Letter (PDF)
C. Recap of Verizon Proposal (DOC)

4002-1001-75201-908049 Budget: $314,565.97 Actual: $314,565.97
2201-3501-75201-800 Budget: $200,000.00 Actual: $200,000.00
Budget Adjustment/Transfer Required: Yes A transfer of funds from the ICVB Computer
Replacment Fund to the ICVB General Fund was approved by the ICVB Board of Directors
and will be presented to the City Council for approval.
Prepared: 8/25/2010 05:19 PM by Jane Kilburn
Last Updated: 9/3/2010 12:00 PM by Jane Kilburn
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CITY OF IRVING
WHEREAS, the construction of the Irving Convention Center promotes tourism and the
convention and hotel industry;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approved and accepts the proposal of Verizon
Business Network Services Inc., on behalf of Verizon Select Services Inc., for the
Technology Infrastructure for the Irving Convention Center in the amount of
$514,565.97, and awards the contract to said company in said amount, and authorizes
the Mayor to execute any necessary contract.
the amount of $314,565.97 and Account No. 2201-3501-75201-800 in the amount of
$200,000.00 for a total net amount of $514,565.97.
__________________________________
Max S. Duplant, CPA
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24
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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24.a
System Agreement Routing Code: 5CPE
This System Agreement (“Agreement”), effective as of the 9th day of September, 2010, is made by and between
A. Verizon Entity Name (“Verizon”): Verizon Business Network B. Customer Name (“Customer”)
Services Inc. on behalf of Verizon Select Services Inc. City of Irving/Irving Convention and Visitors Bureau
Address: PO Box 650457 Address: 500 West Las Colinas Blvd.
Attachment: A. RES Verizon/City of Irving Agreement (3559 : 35 Award Technology Infrastructure for ICC)
City: Dallas State: Texas Zip Code: 75265 City: Irving State: Texas Zip Code: 75039
Contact Name and Phone Number: Customer Billing Address (if different):
Cathy Larson – 972-615-5051 222 West Las Colinas Blvd #1550
City: Irving State: Texas Zip Code: 75039

Quote Number (if applicable) 1-4HA77V – BCM;
1-4BFHVB – Data LAN; 1-4BLCIF – Network Management;
1-49YVXC – Network Security.
Contact Name and Phone Number:

Jane Kilburn - 972-252-7476
C. Select all applicable options: Verizon Maintenance Services Cont’d.
New System/Service Sale

Adds/Upgrade to Existing System On-Site Technician
Installation Services Supplemental Warranty Coverage (extends the standard warranty
International Purchase and Sale (Drop Ship) to 24 hour coverage for major failures during the warranty period)
Other
VERIZON MAINTENANCE SERVICES
IP PBX Supplemental
8x5 Switch & Phones
8x5 Switch & Proprietary Phones Third Party Maintenance Services – Third party maintenance will
8x5 Switch Only be provided in accordance with (i) the service descriptions of the
8x5 Ancillary/Auxiliary Equipment respective third party maintenance service providers (generally
8x5 Nortel Norstar available on their respective websites) and (ii) the relevant terms and
8x5 NEC Electra Elite conditions of this Agreement, specifically excluding section 3.2
8x5 Business Communication Manager (termination for convenience).
8x5 Centrex CPE Nortel Extended Service
24x7 Switch & Proprietary Phones Cisco SMARTnet
24x7 Switch Only Other:
24x7 Ancillary/Auxiliary Equipment
24x7 Nortel Norstar
24x7 NEC Electra Elite
24x7 Business Communication Manager
24x7 Voice Service Plus
24x7 Centrex CPE
Software Release Subscription (SRS)
Rev 11.04.09 Page 1 of 9 ESC # 0148

NONSTANDARD HGW-rev._9-2-2010
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24.a
System Agreement Routing Code: 5CPE
D. Payment Options:
Cash Purchase
Lease/Financing
Verizon Credit Inc.
Third Party Lease/Financing (must have prior written approval of Verizon)
E-Rate/USF Funding Application No.
Tax Exempt Number [Note: Tax Exemption Certificate is attached.]
E. The total price of the System and/or services being purchased by the Customer is:
Equipment and/or Installation Price $ 455,792.61
Professional Services Price $ N/A
Maintenance Service
Voice Maintenance Service for 3 Year(s) $ 13,584.34
Third Party Maintenance Service for 1 Year(s) $ 45,189.02
Supplemental Warranty Coverage $ N/A
Applicable taxes (estimated) $ Exempt
Shipping and Handling $ 0.00
TOTAL PRICE** $ 514,565.97
** Total Price is Budgetary based on the Wireless LAN site survey, therefore the price could change.
F. Maintenance Service Billing Option:
Pre-paid Billing: 3 years $13,584.34 Voice –
Pre-paid Billing - 1 Year $45,189.02 Data
Deferred Billing (deferred until warranty expiration):
years $ $ $ $ $
(Year 1) (Year2) (Year 3) (Year 4) (Year 5)
Bill deferred payment (check one): annually semi-annually quarterly monthly
G. Attachments
Avaya Equipment, Maintenance and Professional Services Exhibit
Call Center Software, Support and Professional Services Exhibit
Cisco Technology Migration Program Supplement
Equipment Sales and Installation Exhibit
E-Rate Funding Related Terms and Conditions
International Purchase and Sale Exhibit
PBX Mobile Extension
Professional Services Exhibit
Quote
Service Plan Description(s)
Statement of Work
Statement of Work (Avaya)
Voice Maintenance Exhibit
THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTINUE ON THE FOLLOWING PAGES
______________
Customer Initials
Rev 11.04.09 Page 2 of 9 ESC # 0148

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24.a
System Agreement
1. Scope of Agreement. Subject to the terms and conditions of this Agreement, Verizon will provide Customer, either directly or
in conjunction with such subcontractors as it may select, the equipment, software, installation services, maintenance (hereinafter
collectively the “System”) and/or professional services as described in this Agreement and as further described in a Statement of Work
and any Exhibit attached hereto.
1.1 For Equipment Sale and Installation Services: Verizon will provide and, if applicable, install the equipment as set forth in the
applicable quote and the Equipment and Installation Services Exhibit.
1.2 For Maintenance Services: Verizon will provide the maintenance services as set forth in the applicable quote and the Call
Center Software, Support and Professional Services Exhibit, and/or the Maintenance Services Exhibit. The foregoing exhibits do not
apply to maintenance services provided by a third party. Third party maintenance will be provided in accordance with (i) the service
descriptions of the respective third party maintenance service providers (generally available on their respective websites) and (ii) the
relevant terms and conditions of this Agreement, specifically excluding section 3.2 (termination for convenience).
1.3 For Professional Services: Verizon will provide the professional services as set forth in the applicable quote and the
Professional Services Exhibit.
All applicable Statements of Work and Exhibits attached hereto are incorporated herein and made a part of this Agreement.
2. Fees and Payment.
2.1 Customer will pay all fees for the System as set forth on Pages 2 of this Agreement and the applicable quote or Statement of
Work, subject to additions and deductions made by written Change Order(s). Customer is responsible for applicable taxes, shipping,
handling, telecommunication surcharges and other charges applicable to the equipment and/or services provided under this
Agreement. Customer agrees either to pay to Verizon the amount of all applicable taxes or to provide upon execution of this
Agreement evidence of exemption acceptable to Verizon.
2.2 Payments are due within thirty (30) days of receipt of the invoice (“Due Date”) and any payment not received by the Due Date
shall be subject to a late payment charge of the lesser of one and one-half percent (1.5%) per month and the maximum amount allowed
by law. Late payment charges will be assessed monthly against the amount due. Should Customer dispute an amount invoiced,
Customer shall pay the undisputed portion of that invoice and promptly notify Verizon in writing of the amount and nature of the
dispute and the parties shall cooperate to resolve the dispute pursuant to Section 15 of this Agreement. Verizon reserves the right to
suspend or terminate any or all services or terminate the provision, installation or repair of any or all equipment subject to this
Agreement immediately if Customer is more than sixty (60) days overdue for payments that have not been disputed in good faith.
2.3 [Deleted by agreement.]
3. Term and Termination. This Agreement shall be effective as of the date first set forth above and shall continue in full force
and effect until terminated in accordance with this Agreement.
3.1. Either party may, upon written notice, immediately suspend its performance of and/or terminate the affected service or
equipment order to which the deficiency pertains in the event the other party (i) fails to perform material terms of this Agreement and
(a) such failure is not cured within thirty (30) calendar days following receipt of a default notice in writing from the other party, or (b)
if such failure cannot reasonably be cured during that time and the defaulting party fails to use commercially reasonable efforts to cure
such breach as soon as practicable, but in any event within ninety (90) calendar days following written notice; (ii) engages in fraud,
criminal conduct or willful misconduct in connection with the business relationship of the parties; or (iii) becomes insolvent, ceases
doing business in the ordinary course, enters bankruptcy proceedings or effects an assignment for the benefit of creditors. In the event
Verizon terminates this Agreement pursuant to this Section 3.1, Customer shall promptly pay Verizon for the System and any services
provided up to the date of termination. In the event Customer defaults under this Agreement, Customer’s down payment shall be non-
refundable.
3.2. Either party may terminate this Agreement or a Statement of Work for convenience, in whole or in part, upon thirty (30) days
prior written notice to the other party. If this Agreement or a Statement of Work is terminated by Customer pursuant to this Section,
or if an order under this Agreement is cancelled by Customer, Verizon shall have no further responsibility under this Agreement,
Statement of Work or such order, as applicable, and Customer shall promptly pay Verizon:
3.2.1. for all equipment and services provided up to the date of termination or cancellation, as applicable;
3.2.2. for all expenses incurred up to the date of termination or cancellation, as applicable, including but not limited to the costs
of terminating purchase orders, return of equipment and/or software (if permitted by Verizon), removal of equipment
Rev 11.04.09 Page 3 of 9 ESC # 0148

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24.a
System Agreement
and/or software and other contractual obligations made by Verizon to meet its obligations under this Agreement or
Statement of Work, plus a restocking fee of twenty-five percent (25%) of the cost of any equipment cancelled or returned.
3.3. Where multiple Statements of Work are associated with this Agreement, the termination of one or fewer than all of the
Statements of Work shall only affect the terminated Statement(s) of Work. The remaining Statement(s) of Work shall remain in
effect. Termination of the Agreement shall not affect any maintenance service in effect at the time of termination and such service
shall continue until expiration thereof under the terms of this Agreement as if the Agreement was still in effect.
3.4. Verizon reserves the right to suspend performance under this Agreement or a Statement of Work if required, in Verizon’s sole
discretion, by regulation, statute, judicial action or other applicable legal requirement.
3.5 Verizon reserves the right to amend the rates, terms and conditions of service under this Agreement to be effective upon the
commencement of any renewal term and without formal amendment of this Agreement by providing Customer written notice thereof
prior to the expiration of the then-current term. If Customer is unwilling to accept such amended rates, terms and conditions,
Customer shall provide Verizon written notice thereof prior to the expiration of the then-current term, in which event the service shall
terminate upon expiration of the then-current term.
3.6 Termination of this Agreement shall not relieve either party of its respective obligations to comply with all terms of this
Agreement that expressly call for performance prior or subsequent to the termination date, including without limitation the parties’
respective obligations to protect proprietary and confidential information.
4. Purchase Order. The parties acknowledge that a Customer purchase order or similar document is intended solely to evidence
Customer's intention to purchase equipment, software and/or services set forth therein. Except with respect to a provision in a
Customer purchase order or similar document evidencing an intent to be bound by the terms and conditions of an Agreement between
Customer and Verizon, the terms and conditions of such Customer purchase order or similar document shall be disregarded and of no
force or effect, it being agreed that the terms and conditions of the Agreement between Customer and Verizon shall govern.
5. Leasing Option. With Verizon’s prior written consent Customer may finance the System or any portion thereof in a separate
transaction through a third party leasing company (“Lessor”) approved by Verizon, assign its rights and obligations with respect to
payment under this Agreement to the Lessor, and/or cause the Lessor to issue a purchase order in a form acceptable to Verizon.
Notwithstanding such transaction and/or assignment, Customer shall remain responsible for performance of all of its obligations under
this Agreement, including payment in full.
6. Risk of Loss. If Verizon installs the System, risk of loss or damage to the System passes to Customer on delivery of the System
(including portions thereof) to Customer’s site. If Verizon does not install the System, risk of loss or damage to the System (or
portions thereof) passes to Customer upon delivery to the carrier.
7. Title and Security Interest. Until full payment has been rendered, Customer grants Verizon a purchase money security
interest in the System, and agrees to execute all documents necessary to perfect that interest. Upon final payment, title shall pass to
Customer and Verizon will release its security interest. Customer will not grant or convey to any other person or entity a security
interest in, or permit placement of a lien on, the System unless and until Customer has paid Verizon in full for such System.
8. Software. Software provided in conjunction with the System is licensed to Customer under the license provided by the
software publisher or by the equipment manufacturer with which the software is provided. Customer shall, if required, execute a
separate software license agreement in a form satisfactory to the software publisher or equipment manufacturer.
9. Customer Responsibilities. Customer will:

9.1. Allow Verizon access for installation, inspection, testing, maintenance and repair of the System and performance of any
required activity.
9.2. Provide suitable building facilities for the System in accordance with local codes, including but not limited to ducting, conduit,
structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge
protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National
Electrical Code and local codes.
9.3. Provide necessary heating, cooling, humidity and dust control as required by manufacturer specifications.
9.4. Remove existing equipment or cable that interferes with System installation.
9.5. Identify and disclose to Verizon concealed equipment, wiring or conditions that might be affected by or might affect the
installation of the System. Customer shall defend and hold Verizon harmless from any claim, damage or liability resulting from a
failure to disclose this information.
9.6. Authorize Verizon, at Customer’s expense, to make service requests upon third parties for System interconnection
Rev 11.04.09 Page 4 of 9 ESC # 0148
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24.a
System Agreement
requirements, including obtaining telephone service for testing where necessary.
9.7. Designate trash deposit points on each floor on which the System is to be installed where Verizon will place waste for removal
by Customer.
9.8. Cooperate with Verizon’s requests for assistance in testing or installation.
9.9. Be responsible for providing adequate back-up of data and for restoring data to repaired equipment.
9.10. If the System is to be connected to the public network, be solely responsible for selection, implementation and maintenance of
security features for defense against unauthorized long distance calling, and for payment of long distance, toll and other
telecommunications charges incurred through use of the System.
9.11. Immediately notify Verizon of any anticipated delay in building availability or inability to meet any of the above listed
requirements.
9.12. If ordering Cisco Products or services, acknowledge having read and understand the End User obligations and service
descriptions for relevant Cisco products and services as found at www.cisco.com/go/servicedescriptions or other URL as may be
provided by Cisco from time to time. Further, Customer agrees to the terms and conditions of Cisco’s Software License Agreement.
10. Changes In/Additions to System.
10.1 Customer may order additional equipment, software, and/or services pursuant to a written Amendment, Customer purchase
order or similar document, and such order shall be governed by this Agreement, including without limitation Section 4, and shall
specifically reference this Agreement.
10.2 Customer shall also have the right, by written notice, to propose changes in the System under this Agreement and any
Statement of Work (“Change Orders”) and Verizon shall comply to the extent it deems feasible and reasonable. If Verizon determines
that such changes cause an increase or decrease in the cost of or time required for performance, Verizon shall advise Customer and
such adjustments shall be reflected in a written Change Order. Should Verizon encounter, in installing the System, any concealed or
unknown condition not expressly set forth in the applicable Statement of Work, which condition affects the price or schedule for
installation of the System, the price and/or the schedule shall be equitably adjusted by Change Order to cover all costs, including but
not limited to labor, equipment, materials and tools necessary to carry out the change.
10.3 No Change Order shall become effective as a part of this Agreement and the applicable Statement of Work, and no changes in
the System shall be initiated, until the Change Order is mutually agreed upon in writing. Verizon shall not be obligated to consider or
accept any Change Order that results in a decrease of more than twenty percent (20%) in the total price of the System. Verizon may
also propose changes in or additions to the System, and may proceed with such changes upon execution by Customer and Verizon of a
written Change Order.
11. Warranty. Verizon warrants that it will perform the services provided under this Agreement in a good and workmanlike
manner. Unless otherwise set forth in an Exhibit, all manufacturers'/publishers’ warranties for equipment and/or software provided
hereunder are passed through to Customer and warranty claims shall be presented by Customer directly to the manufacturer/publisher.
THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES FROM VERIZON,
UNLESS OTHERWISE STATED IN AN EXHIBIT. OTHERWISE VERIZON DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ANY WARRANTY OF NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A
COURSE OF DEALING, USAGE OR TRADE PRACTICE. VERIZON SHALL NOT BE LIABLE FOR UNAUTHORIZED
ACCESS TO VERIZON’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR
UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES,
PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY
OTHER METHOD. VERIZON MAKES NO WARRANTY FOR USE OF THE SYSTEM AS A COMPONENT IN LIFE
SUPPORT SYSTEMS OR DEVICES, PUBLIC SAFETY SYSTEMS, OR WITH RESPECT TO THE PERFORMANCE OF ANY
SOFTWARE OR FIRMWARE.
12. Limitation of Liability. EXCEPT FOR PAYMENTS OWED UNDER THIS AGREEMENT, IN NO EVENT WILL EITHER
PARTY BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING A PARTY’S NEGLIGENCE) OR
OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF
OR DAMAGE TO DATA, LOST PROFITS (ACTUAL OR ANTICIPATED), UNAVAILABILITY OF ALL OR PART OF THE
SYSTEM, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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System Agreement
EXCEPT WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET OUT IN SECTION 13, VERIZON’S ENTIRE
LIABILITY FOR ANY OTHER DAMAGE WHICH MAY ARISE HEREUNDER, FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING VERIZON’S
NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE PURCHASE PRICE
OF THE SPECIFIC EQUIPMENT, SOFTWARE OR SERVICES GIVING RISE TO THE CLAIM. VERIZON SHALL BEAR NO
LIABILITY FOR USE OF EQUIPMENT, SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT IN
CONNECTION WITH LIFE SUPPORT SYSTEMS OR DEVICES OR PUBLIC SAFETY SYSTEMS. EXCEPT AS EXPRESSLY
STATED OTHERWISE HEREIN, VERIZON SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR INTEROPERABILITY
OR COMPATIBILITY OF THE SYSTEM WITH THIRD-PARTY PRODUCTS OR SYSTEMS THAT CUSTOMER MAY
UTILIZE IN CONJUNCTION WITH THE SYSTEM OR TO WHICH CUSTOMER MAY CONNECT THE SYSTEM.
13. Indemnification and Defense.
13.1 Except as provided below, Verizon will defend Customer against any claim, suit, action or proceeding alleging that equipment
supplied by Verizon to Customer under this Agreement (“Verizon supplied equipment”) infringes a valid U.S. patent or copyright
(“Claim”), and Verizon will indemnify and hold harmless Customer against any and all finally awarded costs and expenses, including
attorneys’ fees, in connection with any such Claim.
13.2 If the use of any Verizon supplied equipment is enjoined or subject to a Claim as described above, Verizon may, at its option and
expense, either procure for Customer the right to continue to use the equipment, replace the equipment, or relevant component, with
substantially equivalent, non-infringing equipment, or relevant component, or modify the equipment, or relevant component, so that it
becomes non-infringing. In the event that none of the foregoing options is commercially reasonable to Verizon, Verizon will remove
the infringing Verizon supplied equipment and refund to Customer the purchase price for the equipment less depreciation for its use.
Depreciation shall be calculated on a straight-line basis, assuming a useful life of five (5) years.
13.3 Verizon shall have no obligation for (a) any costs, fees or expenses incurred by Customer without Verizon’s prior written
consent; (b) any allegation, assertion, or claims of intellectual property infringement, including contributory infringement or
inducement to infringe, arising out of or related to any Claim involving: (i) automated call processing, automated voice service,
automated customer service or combined live operator/automated systems processing used in processing or completing calls, (ii)
automated bridging of more than two callers utilizing some form of "listen only" (unilateral) communication combined with some
form of interactive communication, (iii) prepaid calling products or services, (iv) wireless telecommunications services or support
therefor, or (v) “music on hold” service; or (c) any indirect, special, consequential or incidental damages arising out of any Claim.
13.4 Any obligation on the part of Verizon to defend and indemnify shall not apply to any Claim or portion thereof that arises from (i)
any negligent or willful act or omission by or attributable to Customer; (ii) use or operation of the Verizon supplied equipment in
combination with equipment or services provided by Customer or any third party; (iii) any addition to or modification of the Verizon
supplied equipment by Customer, any third party or Verizon at Customer’s request; (iv) use of other than the then current unaltered
release of any software used in the Verizon supplied equipment; or (v) any equipment, system, product, process, method or service of
Customer which otherwise infringed the U.S. patent or copyright asserted against Customer prior to the supply of the equipment to
Customer by Verizon under the Agreement.
13.5 The foregoing states the entire obligation of Verizon to Customer and is Customer’s sole and exclusive remedy with respect to
any Claim of infringement of any intellectual property right of any kind, and Verizon disclaims all other warranties and obligations
with respect to any such Claims.
13.6 Without prejudice to Customer's rights to assert third-party responsibility therefor, and without prejudice to Verizon's rights and
remedies under applicable laws, rules, regulations or orders, including but not limited to, its rights to impleader, as between Verizon
and Customer, Verizon shall not be responsible under this Agreement for damages, costs and attorneys fees in connection with any
claim arising out of (a) Customer’s use of the equipment provided by Verizon other than as expressly indemnified by Verizon
pursuant to Section 13.1 of this Agreement, (b) combination of the equipment provided by Verizon with other equipment, software,
products or services not provided by Verizon under this Application, (c) modification of the equipment other than by Verizon or
directed in writing by Verizon or (d) arising out of the content of communications to third parties transmitted by or on behalf of
Customer in the use of the services or equipment provided by Verizon, including but not limited to libel, slander, and invasion of
privacy.
13.7 Each party (the “indemnitor”) shall defend, indemnify, and hold harmless the other party (the “indemnitee”) against all claims
and liabilities for direct damages imposed on the indemnitee for bodily injuries, including death, and for damages to real or tangible
Rev 11.04.09 Page 6 of 9 ESC # 0148

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personal property to the extent caused by the negligent or otherwise tortious acts or omissions of the indemnitor, its agents or
employees in the course of performance of this Agreement.
13.8 The defense and indemnification obligations set forth in this Section 13 are contingent upon (1) the indemnitee providing the
indemnitor prompt, written, and reasonable notice of the claims, demands, and/or causes of action subject to indemnification, (2) the
indemnitee granting the indemnitor the right to control the defense of the same, and (3) the indemnitee’s full cooperation with the
indemnitor in defense of the claim, including providing information and assistance in defending the claim. Nothing herein, however,
shall restrict the indemnitee from participating, on a non-interfering basis, in the defense of the claim, demand, and/or cause of action
at its own cost and expense with counsel of its own choosing. No settlement may be entered into by the indemnitor on behalf of the
indemnitee that includes obligations to be performed by the indemnitee (other than payment of money that will be fully paid by the
indemnitor under Sections 13.1- 13.7 above) without indemnitee's prior written approval.
14. Confidentiality. Except as required by law or regulation, each party (the “receiving party”) shall keep confidential and not
disclose, directly or indirectly, to any third party any Confidential Information, as defined below, received from the other party (the
“disclosing party”) without the prior written consent of a duly authorized officer of the disclosing party. The disclosing party shall
conspicuously mark its tangible Confidential Information as Proprietary or Confidential at the time of disclosure to the receiving
party. Confidential Information that is disclosed orally will be identified by the disclosing party as Confidential Information at the
time of disclosure to the receiving party. Each party shall use, copy and disclose the Confidential Information of the disclosing party
solely for purposes of performing this Agreement. All Confidential Information of a party shall be and shall remain the property of
such party. A party shall deliver to the disclosing party, upon written request by the disclosing party, all Confidential Information of
the disclosing party then in the receiving party’s possession or control, directly or indirectly, in whatever form it may be (including,
without limitation, magnetic media) or certify its destruction to the disclosing party. Each party shall take all necessary and
reasonable action, by instruction, agreement or otherwise, with its employees, consultants, subcontractors, affiliates, and
representatives to satisfy its obligations hereunder. The receiving party’s obligations hereunder with respect to confidentiality, non-
disclosure and limitation of use of Confidential Information shall be for the term of the Agreement plus one (1) year. For purposes of
this provision, a third party shall not include an entity which has a need to know the Confidential Information and which owns, is
owned by, or is under common ownership with a party to this Agreement.
14.1 Nothing in this Agreement shall prevent either party from using or disclosing any Confidential Information that: (i) has become
generally available to the public, other than through any improper action of such party, (ii) is already in the possession of the receiving
party and not subject to an existing agreement of confidence between the parties, (iii) is received from a third party without restriction
and without breach of this Agreement, (iv) is independently developed by the receiving party as evidenced by its records, or (v) is
disclosed pursuant to a valid law, rule, regulation, subpoena, demand, or order of a court or other governmental body or any political
subdivision thereof of competent jurisdiction (collectively “demand”); provided, however, that the receiving party shall first have
given notice thereof to the disclosing party (unless prohibited by the terms of such request or requirement, or such notice is otherwise
prohibited by law) in order to permit the disclosing party to seek reasonable protective arrangements.
14.2 For purposes of this Agreement, the term “Confidential Information” shall include, without limitation, all trade secrets of a
party and all other information and material that relates or refers to the plans, policies, finances, corporate developments, products,
pricing, sales, services, procedures, intra-corporate transactions, suppliers, prospects and customers of a party, as well as financial
information relating to such suppliers, prospects and customers, and any other similar confidentiality information and material which
such party does not make generally available to the public. By way of illustration, but not limitation, Confidential Information
includes all computer software (including object code and source code), computer software and data base technologies, systems,
structures and architectures, and the processes, formulae, compositions, improvements, inventions, discoveries, concepts, ideas,
designs, methods and information developed, acquired, owned, produced, or practiced at any time by a party, and all non-public
information relating to the business of such party.
15. Alternate Dispute Resolution (ADR). [Deleted by agreement.]
16. Hazardous Substances. Except as disclosed to and acknowledged in writing by Verizon, Customer certifies that it is not
aware of the presence of any asbestos or other hazardous substance (as defined by any applicable state, federal or local hazardous
waste or environmental law or regulation) at any location where Verizon is to perform services under this Agreement. If during such
performance Verizon employees or agents encounter any such substance, Customer agrees to take all necessary steps, at its own
expense, to remove or contain the asbestos or other hazardous substance and to test the premises to ensure that exposure does not
exceed the lowest exposure limit for the protection of workers. Verizon may suspend performance under this Agreement until the
removal or containment has been completed and approved by the appropriate governmental agency and Verizon. Performance
obligations under this Agreement shall be extended for the period of delay caused by said cleanup or removal. Customer’s failure to
remove or contain hazardous substances shall entitle Verizon to terminate this Agreement without further liability, in which event
Customer shall permit Verizon to remove any equipment that has not been accepted, shall reimburse Verizon for expenses incurred in
Rev 11.04.09 Page 7 of 9 ESC # 0148
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performing this Agreement until termination (including but not limited to expenses associated with such termination, such as
removing equipment, terminating leases, demobilization, etc.), and shall complete payment for any portion of the System that has been
accepted.
17. Force Majeure. Neither party shall be liable for any delay or failure in performance under this Agreement arising out of acts
or events beyond its reasonable control, including but not limited to acts of God, war, terrorist acts, fire, flood, explosion, riot,
embargo, acts of the Government in its sovereign capacity, labor disputes, unavailability of equipment, software or parts from
vendors, or changes requested by Customer. The affected party shall provide prompt notice to the other party and shall be excused
from performance to the extent of such caused delays or failures, provided that the party so affected shall use reasonable efforts to
remove such causes of such delays or failures and both parties shall proceed whenever such causes are removed or cease. If
performance of either party is prevented or delayed by circumstances as described in this section for more than ninety (90) days, either
party may terminate the affected service or Statement of Work. Notwithstanding the foregoing, Customer shall not be relieved of its
obligation to make any payments, including any late payment charges as provided in Section 2.2, above, that are due to Verizon
hereunder.
18. Assignment. Neither party may, without the prior written consent of the other party, assign or transfer its rights or obligations
under this Agreement; consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Verizon may, without
prior notice, assign this Agreement, in whole or in part, to any Verizon affiliate or to any successor entity upon the merger,
reorganization, consolidation or sale of all or substantially all of Verizon’s assets associated with the equipment or services provided
pursuant to this Agreement. For purposes of this Section, “affiliate” shall mean a person or entity that directly or indirectly controls, is
controlled by, or is under common control with Verizon. Any attempt to assign this Agreement in contravention of this Section shall
be void and of no force and effect.
19. Governing Law. This Agreement shall be governed by the substantive laws of the State of Texas, without regard to its choice
of law principles.
20. Non-Waiver/Severability. Either party's failure to enforce any of the provisions of this Agreement or to exercise any right or
option is not a waiver of any such provision, right, or option, and shall not affect the validity of this Agreement. Any waiver must be
written and signed by the parties. If any provision of this Agreement or the provision of any service or equipment under the terms
hereof is held to be illegal, invalid, or otherwise prohibited under applicable law or regulation in any State or jurisdiction, then this
Agreement shall be construed as if not containing such provision or not requiring the provision of such invalid, illegal, or prohibited
service or equipment in such State or jurisdiction.
21. Publicity. Except as required by law, the parties shall keep this Agreement confidential and shall not disclose this Agreement
or any of its terms without the other party’s written consent. Notwithstanding any contrary term in this Agreement and consistent with
applicable law, Verizon may disclose the terms of this Agreement, in whole or in part, to: a) Verizon affiliates; b) Verizon or Verizon
affiliate suppliers and/or subcontractors that offer (including new offer or renewal offers), provide, repair, maintain, bill, collect, or
perform other functions in connection with Verizon or Verizon affiliate products or services under or in connection with this
Agreement; c) successors in interest to Verizon or Verizon affiliates (by merger or otherwise); and/or d) persons to whom Verizon or
Verizon affiliates may sell all or part of their respective businesses or assets. Neither party shall use any trademark, trade name, trade
dress or any name, picture or logo which is commonly identified with the other party or its affiliates, or from which any association
with such party or its affiliates may be inferred or implied, in any manner, including but not limited to advertising, sales promotions,
press releases or otherwise, without the prior written permission of such party. Notwithstanding any contrary term in this Agreement,
the parties may issue or permit issuance of a press release or other public statement concerning this Agreement, provided, however,
that no such release or statement shall be published without the prior mutual consent of the parties.
22. Notices. All notices or other communication given or required by either party to the other under this Agreement shall be
deemed to have been properly given if hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile with
confirmation of receipt or by overnight courier. Such notices and communications shall be deemed effective upon receipt. If to
Verizon, notices should be sent to Verizon Business Services, 6415-6455 Business Center Drive, Highlands Ranch, CO 80130, Attn:
Customer Service (Email: notice@verizonbusiness.com) with a copy to Verizon Business Services, 22001 Loudoun County Parkway,
Ashburn, VA 20147, Attn: Vice President, Legal, and if to Customer to the address specified on the cover sheet. Such address may
be changed by either party by notice sent in accordance with this Section.
23. Limitation of Actions. A party may bring no action or demand for arbitration arising out of this Agreement more than two (2)
years after the cause of action has accrued. The parties waive the right to invoke any different limitation on the bringing of actions
under state law.
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24. Compliance with Laws. Each party shall comply with the provisions of all applicable federal, state, and local laws, ordinances,
regulations and codes in its performance under this Agreement or any Statement of Work, including without limitation the export laws
of the United States or any country in which Customer receives equipment, software or services.
25. Independent Contractor Relationship; No Agency. Each party understands and agrees that it and its personnel are not agents or
employees of the other party, and that each party is an independent contractor hereunder for all purposes and at all times. Neither party
has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or
bind the other party in any respect whatsoever. Each party shall indemnify, hold harmless and defend the other against any liabilities,
claims, losses and damages (including costs, expenses and reasonable attorneys' fees) arising out of its failure to comply with this
provision and any laws, rules or regulations applicable thereto.
26. Interpretation. The Agreement shall not be construed or interpreted for or against any party hereto because that party drafted
or caused that party’s legal representative to draft any of its provisions.
27. Headings. The Section headings used herein are for reference and convenience only and shall not enter into the interpretation
of this Agreement.
28. Modifications. This Agreement may only be amended, changed, waived or modified in a written document that is signed by
both parties.
29. Entire Agreement. This Agreement, together with any Statement of Work hereunder and any Exhibit hereto, constitutes the
entire agreement between the parties pertaining to the subject matter herein and supercedes all prior oral and written proposals,
correspondence and memoranda with respect thereto, and no representations, warranties, agreements or covenants, express or implied,
of any kind or character whatsoever with respect to such subject matter have been made by either party to the other, except as
expressly set forth in this Agreement. In the event of conflicts among the terms of this Agreement, a Statement of Work and/or an
Exhibit, the following order of precedence shall apply: the Exhibit, this Agreement, and the Statement of Work.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. Each party warrants and represents
that its respective representative whose signature appears below have been and are on the date of signature duly authorized to execute
this Agreement and that each party has the authority to enter into this Agreement.
Verizon Business Network Services, Inc. Customer: City of Irving/Irving Convention and Visitors Bureau
on behalf of Verizon Select Services Inc.
By: By:
Print Print Name: Herbert A. Gears
Name:
Title: Title: Mayor, City of Irving
Date: Date:
Rev 11.04.09 Page 9 of 9 ESC # 0148

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Attachment: B. Fulcrum Group Recommendation Letter (3559 : 35 Award Technology Infrastructure for
24.b
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Attachment: B. Fulcrum Group Recommendation Letter (3559 : 35 Award Technology Infrastructure for
24.c
RECAP OF FINAL VERIZON PROPOSAL
Component Cost Summary Solution Summary
Attachment: C. Recap of Verizon Proposal (3559 : 35 Award Technology Infrastructure for ICC)
2 redundant Avaya Ethernet Routing Switch 8610 Core
Component 1 – 10GB Ethernet switches in the hub closet, Avaya
$ 295,688.76 Ethernet Routing Switch 5650 and 5698 switches in
Wired Infrastructure
each IDF spoke closet. All closets are protected by
appropriate sized UPSs.
Component 2 - Avaya 8100 Series Wireless LAN controller (donated),

Wireless *$ 68,173.19 Qty 64 Avaya 8120 802.11n WAPs (donated), Avaya
Infrastructure WLAN Management System (donated), and Identity
Engines WLAN Guest Management System (donated),
and all required maintenance/labor/cabling.
Component 3 -
Network Security $ 42,283.22 2 redundant Cisco ASA 5520 firewalls, 1 Cisco ASA
Infrastructure 5510 firewall and 2 redundant Tipping Point 110 IPS
appliances will secure both Internet connections.
Component 4 - Nortel BCM450 IP PBX upgrade with additional digital

Phone System $ 72,200.60 and IP telephones as requested, along with 3 24 port
analog to SIP gateways.
Configuration and Orchestration Manager (COM) is

Component 5 - a web-based configuration application for Avaya
Network Ethernet and WLAN products. IP Flow Manager (IPFM)
Management, $ 36,220.20 is used to monitor and manage device flows.
Documentation, & Visualization Performance Fault Manager (VPFM) is
Training used to provide the performance and fault management
functions.
Component 6 -
Included in Component
Sponsorship Includes free WLAN hardware and software valued at
2 pricing
Considerations over $90K MLP.
Totals $ 514,565.97
* This is a budgetary amount and is subject to change upon completion of the site survey
(estimated at an additional $1,500.00 to $2,000.00 maximum).
J.CITYDOC.FF&E – VERIZON PROPOSAL RECAP

9-9-10
9/3/2010 2:29:41 PM
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AGENDA ITEM SUMMARY

Recommending Department: Irving Convention & Visitors Bureau LSR No: N/A
Resolution -- Approving and Accepting the Bids of Olmsted-Kirk

Equipment & Supply; Pollock Paper Distributors; Tennant Sales & Service
Company; and Unisource Worldwide Inc., for Housekeeping Equipment for
the Irving Convention Center
2. Impact: Housekeeping Equipment is needed for the new Convention Center that
will impact the city residents by promoting the City, which will generate additional
visitor spending in Irving.
selection method and evaluation criteria detailed in the ITB (see attached).
5. Items included in this award are: carpet blowers, carpet spot extractors, poly tilt
trucks, pressure washers, flat surface cleaners, sweepers, trash receptacles, and
vacuums.
6. Funding in the amount of $96,139.42 is available in the Convention Center Fund.
Vendor Item Nos. Award
Olmsted-Kirk Equipment & Supply 7 $ 968.18
Pollock Paper Distributors 9,10,11,17,18,19,20 $42,563.00
21,22,23,24,25,26
Tennant Sales & Service Company 3,5,6,14,15,16,27,31,32 $51,880.85
Unisource Worldwide Inc. 2,4,29 $ 727.39
No Award – item no longer needed 8
No bids received 1,12,13,28,30
Recommendation
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25
Purchasing sent solicitation notices to 58 vendors for ITB #227D-10F and received 8
responses (one was determined non-responsive). This award is recommended to the lowest,
responsive, responsible bidders.
This is one of three solicitations being recommended for award on this Council meeting; other
FF&E solicitations remain in process.
ATTACHMENTS:
A. SMG Recommendation Letter (DOCX)
B. Award Detail (XLS)
C. RFP Respondents (PDF)

2060-1001-521012-908049 Budget: $96,139.42 Actual: $96,139.42
PV015634, PV015635, PV015636, PV015637
Last Updated: 9/3/2010 07:54 AM by Jane Kilburn
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CITY OF IRVING

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves and accepts the bids of Olmsted-Kirk
Equipment & Supply for item 7 in the net amount of $968.18; Pollock Paper
Distributors for items 9,10,11,17,18,19,20,21,22,23,24,25,26 in the net amount of
$42,563.00; Tennant Sales & Service Company for items 3,5,6,14,15,16,27,31,32 in
the net amount of $51,880.85; and Unisource Worldwide Inc. for items 2,4,29 in the
net amount of $727.39 for Housekeeping Equipment for the Irving Convention
Center, and awards the contracts to said companies in said amounts, and authorizes
the Mayor to execute any necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 2060-1001-521012-
908049 in the total net amount of $96,139.42.
__________________________________
Max S. Duplant, CPA
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25
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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25.a
August 24, 2010
Ms. Jane Kilburn
Attachment: A. SMG Recommendation Letter (3557 : 35 Award Housekeeping Equipment for ICC)
Assistant Executive Director
222 West Las Colinas Blvd., Suite 1550
Irving, TX 75039
Dear Ms. Kilburn,
The following shall act as SMG’s background and recommendation for Telescopic
Risers – ITB – 227D-10F
Housekeeping Equip. Item #s 2, 4 & 29 - SMG recommends award to the best low
bid meeting specs from Unisource Worldwide Inc. in the amount of $727.39.
Housekeeping Equip. Item #s 3, 5, 6, 14, 15, 16, 27, 31 & 32 - SMG recommends
award to the best low bid meeting specs from Tennant Sales & Service Company in
the amount of $51,880.85.
Housekeeping Equip. Item # 7 - SMG recommends award to the best low bid
meeting specs from Olmsted-Kirk Equipment and Supply in the amount of $968.18.
Housekeeping Equip. Item #s 9, 10, 11, 17, 18, 19, 20, 21, 22, 23, 24, 25 & 26 -
SMG recommends award to the best low bid meeting specs from Pollock Paper
Distributors in the amount of $42,563.00.
Please contact me with any questions.
Thank you for your attention in this matter.
Sincerely,
Michael C. Godoy
cc: Thom Connors

Tom Meehan
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25.b
AWARD RECOMMENDATION
227D-10F - HOUSEKEEPING EQUIPMENT FOR ICC
Olmsted-Kirk Pollock Paper Tennant Sales & Unisource

ITEMS Equipment & Supply Distributors Service Company Worldwide Inc
2, 4, 29 $742.23
3, 5, 6, 14, 15, $51,880.85
Attachment: B. Award Detail (3557 : 35 Award Housekeeping Equipment for ICC)

16, 27, 31, 32
7 $968.18
9, 10, 11, 17, 18, $42,563.00

19, 20, 21, 22,
23, 24, 25, 26
8 This item is not being recommended for award as it has been

determined that it will no longer be needed at the ICC.
1, 12, 13, 28, 30 No bids were received for these items. Therefore, these items will be
purchased individually following applicable Purchasing guidelines.
Payment Term Net 30 Net 30 Net 30 2%/30 days
($14.84)
$968.18 $42,563.00 $51,880.85 $727.39
TOTAL AWARD FOR HOUSEKEEPING EQUIPMENT (227D-10F) $96,139.42
j.citydoc.ff.housekpg award
9/9/10
9/3/2010 2:27 PM
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Attachment: C. RFP Respondents (3557 : 35 Award Housekeeping Equipment for ICC)
25.c
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25.c
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26
AGENDA ITEM SUMMARY

Recommending Department: Irving Convention & Visitors Bureau LSR No: N/A
Resolution -- Approving and Accepting the Bid of H & E Equipment

Services for a 60-Foot Boom Lift for the Irving Convention Center
2. Impact: A 60-foot boom lift is needed for the new Convention Center that will
impact the city residents by promoting the City, which will generate additional visitor
spending in Irving.
selection method and evaluation criteria detailed in the ITB (see attached
spreadsheet).
5. The boom lift is an integral part of the routine day-to-day operations of the building
particularly in the exhibit hall, i.e., access to rigging points and power in exhibit hall
ceiling and for exterior window cleaning.
6. Funding in the amount of $69,180.00 is available in the Convention Center Bond
Fund.
Recommendation
.
Purchasing sent solicitation notices to 8 vendors for ITB #232D-10F and received 5
responses. This award is recommended to the lowest, responsive, responsible bidder.
This award is one of three solicitations being recommended for award on this Council
meeting; other FF&E solicitations remain in process.
ATTACHMENTS:
A. SMG Recommendation Letter (DOCX)
B. ITB Respondents/Spreadsheet (XLS)
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26

4002-1001-75201-908049 Budget: $69,180.00 Actual: $69,180.00
PV015633
Last Updated: 9/3/2010 07:51 AM by Jane Kilburn
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CITY OF IRVING

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves and accepts the bid of H & E Equipment
Services for a 60-foot boom lift for the Irving Convention Center, and awards the
contract to said company in said amount, and authorizes the Mayor to execute any
necessary contracts.
the net amount of $69,180.00.
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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26.a
August 18, 2010
Ms. Jane Kilburn

Assistant Executive Director
222 West Las Colinas Blvd., Suite 1550
Attachment: A. SMG Recommendation Letter (3558 : 35 Award 60 Foot Boom Lift for ICC)
Irving, TX 75039
Dear Ms. Kilburn,
The following shall act as SMG’s background and recommendation for 60-Foot
Boom Lift – ITB
Boom Lift - The low bid from H & E Equipment meets specs and is recommended
for award in the amount of $69,180.00.
Please contact me with any questions.
Thank you for your attention in this matter.
Sincerely,
Michael C. Godoy
cc: Thom Connors

Tom Meehan
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26.b
City of Irving, Texas

Response Summary
Attachment: B. ITB Respondents/Spreadsheet (3558 : 35 Award 60 Foot Boom Lift for ICC)
60-Foot Boom Lift for Irving Convention Center
ITB Closing Date: August 13, 2010
Darlene Rush, Senior Purchasing Agent, 972.721.3752
H & E Equipment Six and Mango One Source Equipment

Vendors Equipment Depot Neff Rental Inc.
Services Equipment LLP LP
Item Description Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Boom Lift - 60' $69,180.00 $69,180.00 $73,667.50 $73,667.50 $81,325.00 $81,325.00 $79,899.00 $79,899.00 $78,895.00 $78,895.00
Terms N/30 N/30 N/30 N/15 N/10
Discount Amount 0 0 0 0 0.005% $3.94
Grand Total $69,180.00 $73,667.50 $81,325.00 $79,899.00 $78,891.06
This response summary is a listing of those who responded and their pricing.
Page #1 of 1
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AGENDA ITEM SUMMARY

Recommending Department: Housing and Human Services LSR No: 11144
Resolution -- Award of Homelessness Prevention and Rapid Re-Housing

Progam - State Subrecipient Contract to Legal Aid of Northwest Texas
1. This item supports Strategic Goal No. 2: Vital, vibrant neighborhoods.
2. Impact: This allocation provides legal services to Irving’s most vulnerable
population.
3. Acceptance of the Homelessness Prevention and Rapid Re-housing Program
(HPRP) grant from the Texas Department of Housing and Community Affairs
(TDHCA) was approved on August 5, 2009 (Res-2009-336) in the amount of
$1,000,000.00.
4. As part of the application to TDHCA, $60,000.00 was set aside for legal services.
This allocation was derived using an average of 3 hours per client, $100.00 per
hour, to allow for the assistance of 200 HPRP clients.
5. Legal Aid of Northwest Texas currently administers two legal services grants for
Irving residents: $26,000.00 in Community Development Block Grant funds and
$8,500 in Homelessness Prevention and Rapid Re-housing Program – Federal
grant funds. Legal Aid of Northwest Texas provides legal counseling for program
clients including assistance with evictions, foreclosure, tenant rights, and other
related legal issues.
6. This action formalizes the allocation to allow Legal Aid of Northwest Texas to
receive payment for services rendered to clients associated with the State HPRP
grant.
7. The Housing and Human Services Board recommended approval of the allocation
of State HPRP funds to Legal Aid of Northwest Texas at its August 18, 2010
meeting.
8. Funding in the amount of $60,000.00 is available in the Homelessness Prevention
and Rapid Re-housing Program – State Fund.
Recommendation
Contract Required: Yes Review Completed By: K. Oommen
Previous Action: Grant Award Council Action: Res-2009-336
.
ATTACHMENTS:
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RES-LANWT State HPRP (PDF)

2033-4257-56401-9058 Budget: $71,250.00 Actual: $60,000.00
Prepared: 8/19/2010 10:07 AM by Vicki Ebner
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CITY OF IRVING
WHEREAS, the Texas Department of Housing and Community Affairs awarded the City of
Irving $1,000,000.00 in Homelessness Prevention and Rapid Re-housing Program funds; and
WHEREAS, the City Council accepted the award of Homelessness Prevention and Rapid
Re-housing Program – State funds on August 5, 2010; and
WHEREAS, $60,000.00 was identified in the application for funding for the provision of legal
services; and
WHEREAS, Legal Aid of Northwest Texas provides legal services for homeless and near
homeless people;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached Homelessness Prevention and
Rapid Re-housing Program Grant Agreement between the City of Irving and Legal
Aid of Northwest Texas (Subrecipient) whereby Texas Department of Housing and
Community Affairs grant funds from the U.S. Department of Housing and Urban
Development will be used to support Subrecipient's legal aid services for homeless
and near homeless people, and City, subject to sufficient funding from the U.S.
Department of Housing and Urban Development, shall reimburse Subrecipient in an
amount up to $60,000.00, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
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27
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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THE STATE OF TEXAS §
§ HOMELESSNESS PREVENTION AND RAPID RE-HOUSING
§ GRANT AGREEMENT
§ CFDA NO. 14.257
§
COUNTY OF DALLAS §
SECTION 1. THE PARTIES
This agreement is made by and between the City of Irving, Texas (hereinafter “City”) and Legal Aid of
NorthWest Texas (hereinafter "Subrecipient").
SECTION 2. GRANT PERIOD
Attachment: RES-LANWT State HPRP (3528 : 42 Legal Aid Contract)

The period for performance of this agreement, unless earlier terminated, is September 1, 2009 through
August 31, 2011 (herein the "Grant Period").
SECTION 3. SUBRECIPIENT PERFORMANCE
Subrecipient shall conduct, in a satisfactory manner as determined by City, a Homelessness Prevention

and Rapid Re-Housing Program pursuant to the American Recovery and Reinvestment Act (Public Law
111-5) (herein the "Act"). Subrecipient shall perform all activities in accordance with the terms of the
Budget (herein "Exhibit A"); the Applicable Laws and Regulations (herein "Exhibit B"); the assurances,
certifications, and other statements made by Subrecipient in its Homelessness Prevention and Rapid
Re-Housing Program (herein “HPRP”) application, and with all other terms of this grant agreement. If
the persons to benefit from the activities described in Exhibit A are not receiving a service or benefit,
the Subrecipient is liable to repay The City any associated disallowed costs.
SECTION 4. CITY OBLIGATIONS
A. In consideration of Subrecipient's full and satisfactory performance of this agreement, City shall
reimburse the actual allowable costs incurred by Subrecipient in an amount up to:
Sixty Thousand Dollars and No Cents ($60,000.00).
B. City's obligations under this agreement are contingent upon the actual receipt of adequate HPRP
funds from the U.S. Department of Housing and Urban Development (herein "HUD"). If sufficient
funds are not available to make payments under this grant agreement, City shall notify
Subrecipient in writing within a reasonable time after such fact is determined. City shall then
terminate this agreement and will not be liable for the failure to make any payment to Subrecipient
under this agreement.
C. Subrecipient shall refund to City any sum of money which has been paid to Subrecipient by City,
which City determines has resulted in an overpayment, or which City determines has not been
spent strictly in accordance with the terms of this agreement. Subrecipient shall make such
refund within fifteen (15) days after the City’s request.
SECTION 5. EXPENDITURE RATE
A. All funds must be fully expended by August 31, 2011.
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B. At 18 months into the Grant Period, the City shall review expenditure rates of all subrecipients and
may recapture funds if the City determines the subrecipient has expended less than 75% of funds.
SECTION 6. METHOD OF PAYMENT / CASH BALANCES

A. Subrecipient may request a one time working capital advance for 30 days cash needs or an
advance of $5,000 whichever is greater. In order to request an advance payment, subrecipient
must submit to City a properly completed Expenditure Report that includes a request for advance
funds (Projected Expenses). Thereafter, the subrecipient will be reimbursed for the amount of
actual cash disbursements, on a cost reimbursement basis.
B. Subrecipient's request for advance payment shall be limited to the minimum amount needed for
the effective performance of this agreement, and shall be timed as closely as possible with
Subrecipient's actual immediate cash requirements. Subrecipient shall establish procedures to
minimize the time elapsing between the transfer of funds from City and the disbursal of such
funds by Subrecipient.

C. If City determines that:(1) Subrecipient has maintained cash balances in excess of need; (2)
identifies any deficiency in the cash controls or financial management system used by
Subrecipient; or (3) Subrecipient fails to comply with any of the reporting requirements of Section
9, City will require Subrecipient to submit financial documentation related to any expenditures for
which reimbursement is sought.
D. All funds paid to Subrecipient under this contract are paid in trust for the exclusive benefit of the
eligible Subrecipients of HPRP services and for the payment of allowable expenditures.
SECTION 7. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
A. Except as specifically modified by law or regulation, in performing this agreement, Subrecipient

shall comply with the administrative requirements set forth in OMB Circular No. A-110 (nonprofit
organizations) OMB Circular No. A-102 and the Uniform Grant Management Standards, 1 T.A.C.
§ 5.141 et. seq. (units of state or local government) or the regulations codified at 24 C.F.R. Part
85 (units of state or local government), whichever is applicable to Subrecipient.
B. Except as specifically modified by law or regulation, in performing this agreement, Subrecipient

shall comply with the cost principles set forth in OMB Circular No. A-122 (nonprofit organizations)
or OMB Circular No. A-87 (units of state or local government), whichever is applicable to
Subrecipient.
C. Notwithstanding any other provision of this grant agreement, City shall only be liable to
Subrecipient for costs incurred or performances rendered for activities specified in 24 C.F.R.
§576.21(a).
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D. City shall not be liable to Subrecipient for certain costs, including but not limited to costs which:
(1) have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by

any source other than City;
(2) are not allowable costs, as set forth in the Act and Section 6(D) of this agreement;
(3) are not strictly in accordance with the terms of this agreement, including the exhibits;
(4) have not been reported to City within sixty (60) days following termination of this
agreement;
(5) are for the acquisition of an emergency shelter for the homeless;
(6) are for construction or rehabilitation of any kind;
(8) are not incurred during the Grant Period.
E. Use of Alcoholic Beverages. None of the funds provided under this contract shall be used for the
payment of salaries to any employee who uses alcoholic beverages while on active duty. No
funds provided under this contract for travel expenses shall be used for the purchase of alcoholic

beverages.
SECTION 8. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient shall maintain fiscal records and supporting documentation for all expenditures of
funds made under this agreement in a manner that conforms to OMB Circular No. A-87 or A-122
and this agreement. Subrecipient shall comply with the retention and custodial requirements for
records as set forth in OMB Circular No. A-110 or 24 C.F.R. Part 85.
B. Subrecipient shall give HUD, the Comptroller General of the United States, the Auditor of the
State of Texas, and any State authorized representative, any City authorized representative
access to and the right to reproduce all records belonging to or in use by Subrecipient pertaining
to this grant agreement. Such access shall continue as long as Subrecipient retains the records.
Subrecipient shall maintain such records in an accessible location for four years after grant
termination.
C. Subrecipient shall ensure that any subcontractors receiving funds provided under this grant shall
comply with the record retention and custodial requirements specified in this Section.
D. Subrecipient shall maintain an appropriate off-site back-up system for fiscal records and
supporting documentation.
SECTION 9. REPORTING REQUIREMENTS
A. Subrecipient shall submit to City such reports on the performance of this grant as may be required
by City including but not limited to the reports specified in this Section.
B. Subrecipient shall submit a Performance Report and Expenditure Report to the City on or before
the fifth (5th) day of each month following the reported month in the Grant Period, beginning no
later than February 5, 2010, regardless of whether Subrecipient makes a fund request.
C. Subrecipients shall submit to City, within three days of intake, completed universal intake forms
for all households provided HPRP services.
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E. Subrecipient shall submit a final Expenditure Report to City within twenty (20) days after the end
of the Federal Fiscal Year. The failure of Subrecipient to provide a full accounting of all funds
expended under this agreement within twenty (20) days shall be sufficient reason for City to deny
or terminate any future agreements with Subrecipient.
F. Subrecipient shall submit to City no later than twenty (20) days after the termination of this
contract a cumulative inventory report of all equipment having a unit acquisition cost of $500 or
more, acquired in whole or in part with funds received under this HPRP contract. Upon the
termination of this contract, City may transfer title to any such equipment having a unit acquisition
cost of $1000 or more to itself or to any other entity receiving HPRP funds from City.
G. If Subrecipient fails to submit, in a timely and satisfactory manner, any audit, report or response
required by this agreement, including responses to monitoring reports, City may withhold
payments otherwise due to Subrecipient hereunder. If City withholds such payments, it shall
notify Subrecipient in writing of its decision and the reasons therefore. City may withhold

payments until such time as the delinquent obligations for which funds are withheld are fulfilled by
Subrecipient. If the delinquent report or response is not received within thirty (30) days of its due
date, City may suspend or terminate this agreement.
SECTION 10. ASSISTANCE IN PREPARING REPORTS ON USE OF FUNDS
Subrecipient shall track all funds under this Contract and their projected statuses separately from all
other funds, and shall assist City in preparing and filing the City’s recipient reports required by Section
512(c) of the American Recovery and Reinvestment Act of 2009. Subrecipient shall provide to City, not
later than three (3) calendar days after the end of each calendar quarter (January 3, April 3, July 3,
October 3 annually), the following information:
(A) an estimate of the number of jobs created and the number of jobs retained by the project or
activity;
(B) For infrastructure investments, the purpose, total cost, and rationale of the agency for funding the
infrastructure investment with funds made available under this Contract, and the name of the person to
contact, and contact information, if there are concerns with the infrastructure investment;
(C) The names and total compensation of the five most highly compensated officers of the entity if—
(1) the recipient in its preceding fiscal year received—
(a) 80 percent or more of its annual gross revenues in Federal awards; and
(b) $25,000,000 or more in annual gross revenues from Federal awards; and
(2) the public does not have access to information about the compensation of the senior
executives of the entity through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986 [26 USC § 6104];
(D) vendor information including description of product or service, name, zip code, DUNS number,
payment amount; and
(E) any other information requested by the City related to the Contract.
(F) Failure to submit information requested as per the aforementioned paragraphs may result in
suspension of payments, deobligation of funds, and/or termination of this contract.
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SECTION 11. MONITORING AND TECHNICAL ASSISTANCE
City or its designee may conduct periodic on-site monitoring and evaluation of the efficiency, economy,
and effectiveness of Subrecipient's performance of this agreement. City will advise Subrecipient in
writing of any deficiencies noted during such monitoring. City will provide technical assistance to
Subrecipient and will require or suggest changes in Subrecipient's program implementation,
accounting, personnel, procurement, or management procedures in order to correct any deficiencies
noted. City may conduct follow-up visits to review and assess the efforts Subrecipient has made to
correct previously noted deficiencies. City may place Subrecipient on a reimbursement method of
payment, terminate this contract, or invoke other remedies in the event monitoring or other reliable
sources reveal material deficiencies in Subrecipient's performance or if Subrecipient fails to correct any
deficiency within a reasonable period of time.
SECTION 12. INDEPENDENT CONTRACTOR

City is contracting with Subrecipient as an independent contractor. To the extent allowed by law,
Subrecipient agrees to hold City harmless and to indemnify City from and against any and all claims,
demands, and causes of action of every kind and character which may be asserted by any third party
occurring or in any way incident to, arising out of, or in connection with Subrecipient's performance of
this contract.
SECTION 13. REQUIREMENT FOR FIXED-PRICE CONTRACTING
To the maximum extent possible, subcontracts funded under this Contract shall be awarded as fixed-
price contracts through the use of competitive procedures. Subrecipient shall post a summary of any
contract awarded with such funds that is not fixed-price and not awarded using competitive procedures
on the federal website established pursuant to Section 1526 of the American Recovery and
Reinvestment Act of 2009.
SECTION 14. PROCUREMENT
Subrecipient shall develop and implement procurement procedures that conform to the administrative
requirements referenced in Section 6 and with any procurement guidelines issued by City. If
Subrecipient is a unit of local government, it shall also comply with all applicable state and local laws
relating to procurement. Subrecipient shall not procure supplies, equipment, materials, or services
except in accordance with such procurement procedures.
SECTION 15. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
Subrecipient shall not use any of the funds provided pursuant to this Contract for a project for the
construction, alteration, maintenance, or repair of a public building or public work unless all of the iron,
steel, and manufactured goods used in the project are produced in the United States except as
provided in Section 1605 of the American Recovery and Reinvestment Act of 2009.
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SECTION 16. CONFLICT OF INTEREST / NEPOTISM
A. Subrecipient shall comply with the conflict of interest provisions at 24 C.F.R. §576.57(d).
B. Subrecipient represents that neither it nor any member of its governing body presently has any
interest or shall acquire any interest, direct or indirect, which would conflict with the performance
of this agreement and that no person having such interest shall be employed by Subrecipient or
serve as a member of its governing body.
C. Subrecipient shall ensure that no officer, employee, or member of the governing body of
Subrecipient shall vote for or confirm the employment of any person related within the second
degree by affinity or third degree by consanguinity to any member of Subrecipient's governing
body or to any officer or employee who would directly supervise such person. This prohibition
shall not prohibit the continued employment of a person who has been continuously employed for
a period of two years prior to the election or appointment of the officer, employee, or governing

body member related to such person in the prohibited degree.
SECTION 17. REQUIREMENT TO POST NOTICE OF WHISTLEBLOWER RIGHTS AND

REMEDIES
Any employer receiving funds under this Contract shall post notice of the rights and remedies afforded
whistleblowers under Section 1553 of the American Recovery and Reinvestment Act of 2009.
SECTION 18. PREVAILING WAGES AND RATES PAID TO SUBRECIPIENTS AND

SUBCONTRACTORS
Notwithstanding any other provision of law and in a manner consistent with other provisions of the
American Recovery and Reinvestment Act of 2009, all laborers and mechanics employed by
Subrecipient and subcontractors on projects funded directly by or assisted in whole or in part by and
through the federal government pursuant to the American Recovery and Reinvestment Act of 2009
shall be paid wages at rates not less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code.
SECTION 19. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the legal authority to enter into this agreement and to
perform the services Subrecipient has obligated itself to perform hereunder.
B. The person signing this contract on behalf of Subrecipient hereby warrants that he/she has been
duly authorized by Subrecipient's governing board to execute this agreement on behalf of
Subrecipient and to bind Subrecipient to the terms herein set forth.
C. City shall have the right to terminate this contract if there is a dispute as to the legal authority of
either Subrecipient or the person signing this contract to enter into this contract or to render
performances hereunder. Subrecipient is liable to City for any money it has received from City for
performance of the provisions of this contract, if City has terminated this contract for reasons
enumerated in this Section 19.
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SECTION 20. DESIGNATED SUBRECIPIENT CONTACTS
Subrecipient shall designate, in writing, at the time Subrecipient executes this Contract, one or more
responsible and qualified individuals as points of contact with City to maintain a flow of current
information relating to the receipt, deployment, management and use of funds received under this
Contract.
SECTION 21. LITIGATION AND CLAIMS
Subrecipient shall give City immediate notice in writing of any action or claim, including any proceeding
before an administrative agency, filed against Subrecipient and arising out of the performance of this
agreement. Subrecipient shall promptly furnish City with copies of all pertinent papers received by
Subrecipient with respect to such action or claim.
SECTION 22. SECTARIAN ACTIVITY

The performance of this agreement shall not involve, and no portion of the funds received by
Subrecipient hereunder shall be used in support inherently religious activities such as worship, religious
instruction or proselytization, as part of the programs or services directly funded under the HUD
program or activity.
SECTION 23. PROHIBITED USES OF FUNDS
Subrecipient shall not use any of the funds made available under this Contract for any casino or other
gambling establishment, aquarium, zoo, golf course, or swimming pool.
SECTION 24. CHANGES AND AMENDMENTS
A. Any change in the terms of this agreement, which is required by a change in state or federal law
or regulation is automatically incorporated herein and is effective on the date designated by such
law or regulation.
B. Except as otherwise expressly provided in this agreement, any change in the terms of this
agreement shall be reduced to writing and agreed upon by both parties. Any change to the
amount of this contract as shown in Section 4 A shall be by an amendment hereto in writing and
signed by both parties. Any change to the amount specified per activity category shall be
requested in writing by the Subrecipient and authorized by a letter signed by the Director of the
City of Irving Housing and Human Services Department. No Subrecipient-initiated amendments
will be approved or processed during the first 90 days of the Grant Period. Amendment requests
must be submitted no later than 90 days prior to the end of the Grant Period.
SECTION 25. NON-BINDING GUIDANCE
City may issue non-binding guidance to explain the rules and provide directions on terms of this
Contract.
SECTION 26. TERMINATION AND SUSPENSION
A. City may terminate this agreement, in whole or in part, at any time City determines that
Subrecipient has failed to comply with any term of this agreement. City shall notify Subrecipient
of such determination in writing prior to the thirtieth (30th) day preceding the date of termination to
provide the reasons for such termination, the effective date of such termination, and, in the case
of partial termination, the portion of the agreement to be terminated.
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B. Nothing in this Section shall be construed to limit City's right to withhold payment or immediately
suspend Subrecipient's performance of this agreement if City identifies possible instances of
fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's
performance. Suspension shall be a temporary measure pending either corrective action by
Subrecipient or a decision by City to terminate this agreement.
C. Upon receipt of notice of suspension or termination, Subrecipient shall cancel, withdraw, or

otherwise terminate any outstanding orders or subcontracts related to the performance of this
agreement and shall cease to incur costs hereunder. City shall not be liable to Subrecipient for
costs incurred after termination of this agreement.
D. Notwithstanding any exercise by City of its right of suspension or of early termination,

Subrecipient shall not be relieved of any liability to City for damages due to City by virtue of any
breach of this agreement. City may withhold payments to Subrecipient until such time as the
exact amount of damages due to City by Subrecipient is agreed upon or is otherwise determined

and paid.
SECTION 27. AUDIT
A. For any fiscal year included within the Grant Period during which the Subrecipient expended
$500,000 or more in total federal financial assistance, Subrecipient shall arrange for the
performance of an annual audit of the funds received and performances rendered under this grant
agreement. The audit shall be made in accordance with the Single Audit Act Amendments of
1996, 31 U.S.C. 75; and OMB Circular No. A-133, "Audits of States, Local Governments, and
Non-Profit Organizations”. Subrecipient shall arrange for the performance of an annual audit of
the funds received and performances rendered under this grant agreement regardless of the total
federal expenditure. The term "federal financial assistance" includes awards of federal financial
assistance received directly from federal agencies, or indirectly through units of state and local
government.
B. Subrecipient shall submit two (2) copies of the report of such audit to City within thirty (30) days
after the completion of the audit, but no later than nine (9) months after the end of the audit
period. Subrecipient shall insure that the audit report is made available for public inspection
within thirty (30) days after completion of the audit. Audits performed under this Section are
subject to review and resolution by City or its authorized representative.
C. For each fiscal year ending within or immediately after the Grant Period, Subrecipient must submit
an "Audit Certification Form" (available from City) within sixty (60) days after the Subrecipient’s
fiscal year end.
D. City reserves the right to conduct or request additional audits of the funds received and
performances rendered under this grant agreement. Subrecipient agrees to permit City, the U.S.
Department of Housing and Urban Development or its authorized representatives to audit
Subrecipient's records and to obtain any documents, materials, or information necessary to
facilitate such audit.
E. Subrecipient shall be liable to City for any costs disallowed pursuant to audit(s) of funds received
under this agreement. Subrecipient shall reimburse such disallowed costs with funds that are not
provided under this contract.
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SECTION 28. TRAVEL
Allowable travel costs under this contract shall be determined in accordance with OMB Circulars A-122
or A-87, as applicable, any City Issuance on travel, and with Subrecipient's written travel policy.
Subrecipient's written travel policy shall delineate the rates which Subrecipient shall use in computing
the travel and per diem expenses of its board members and employees. Prior to incurring any costs for
travel, Subrecipient must provide City with a copy of its travel policy and evidence that such policy has
been approved by Subrecipient's governing body. If Subrecipient has no established written travel
policy, the travel regulations applicable to City employees shall apply.
SECTION 29. SPECIAL CONDITIONS
A. City shall not release any funds under this agreement until City has determined that
Subrecipient's fiscal control and fund accounting procedures are adequate to assure the proper
disbursal of and accounting for such funds.

B. Subrecipient shall expend all funds provided under this agreement on or before August 31, 2011.
C. Subrecipient shall make known that the services funded under this agreement are available to all
on a nondiscriminatory basis. Subrecipient also must adopt and implement procedures designed
to make available to interested persons information concerning the existence and location of
services and facilities that are accessible to persons with a disability.
E. Subrecipient shall not expend HPRP funds for any activities that would result in the displacement
of persons or businesses.
F. Subrecipient shall develop and implement procedures to ensure the confidentiality of records
pertaining to any individual provided family violence prevention or treatment services under any
project assisted under this agreement, and that the address or location of any family violence
shelter project assisted will, except with written authorization of the person or persons responsible
for the operation of such shelter, not be made public.
G. None of the funds provided under this agreement may be used in connection with any dwelling
unit unless the unit is protected by a hard-wired or battery-operated smoke detector installed in
accordance with National Fire Protection Association Standard 74.
H. Subrecipient shall only subcontract for budget line items under this contract which are specified in
Exhibit D after Subrecipient has submitted information concerning each such proposed
subcontract to City and has obtained City’s prior written approval of Subrecipient's intent to enter
into such proposed contract. Subrecipient, in subcontracting for any performances described in
this contract, expressly understands that in entering into such subcontracts, City is in no way
liable to Subrecipient's subcontractor(s). In no event shall any provision of this paragraph,
specifically the requirement that Subrecipient obtain City's prior written approval of a subcontract,
be construed as relieving Subrecipient of the responsibility for ensuring that the performances
rendered under all subcontracts are rendered so as to comply with all of the terms of this contract,
as if such performances were rendered by Subrecipient. City's approval under this paragraph
does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's
performance hereunder and City maintains the right to insist upon Subrecipient's full compliance
with the terms of this contract. Subrecipient shall include language in any subcontractor that
provides the City the ability to directly review, monitor, or audit the operational and financial
performance or records of work performed under this contract.
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SECTION 30. POLITICAL ACTIVITY AND LOBBYING
A. None of the funds provided under this contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be
construed to prevent any official or employee of Subrecipient from furnishing to any member of its
governing body upon request, or to any other local or state official or employee or to any citizen
information in the hands of the employee or official not considered under law to be confidential
information. Any action taken against an employee or official for supplying such information shall
subject the person initiating the action to immediate dismissal from employment.
B. No funds provided under this contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive, or judicial branches of
government, the State of Texas, or the government of the United States.
C. None of the funds provided under this contract shall be expended in payment of the salary for full-
time employment of any employee who is also the paid lobbyist of any individual, firm,

association, or corporation. None of the funds provided by this contract shall be expended in
payment of the partial salary of a part-time employee who is required to register as a lobbyist by
virtue of the employee’s activities for compensation by or on behalf of industry, a profession or
association related to operation of Subrecipient. A part-time employee may serve as a lobbyist on
behalf of industry, a profession, or association so long as such entity is not related to
Subrecipient. Except as authorized by law, no contract funds shall be expended in payment of
membership dues to an organization on behalf of Subrecipient or an employee of Subrecipient if
the organization pays all or part of the salary of a person required to register under Chapter 305,
Government Code.
D. None of the funds provided under this contract shall be paid to any official or employee who
violates any of the provisions of this section
E. If any funds other than federally appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, Subrecipient shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
SECTION 31. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal systems and procedures sufficient to
prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all program and fiscal
activities funded by this agreement. Subrecipient's internal control systems and all transactions
and other significant events are to be clearly documented and the documentation shall be readily
available for monitoring by City.
B. Subrecipient shall give City complete access to all of its records, employees, and agents for the
purpose of monitoring or investigating the performance of this agreement. Subrecipient shall fully
cooperate with City's efforts to detect, investigate, and prevent waste, fraud, and abuse.
D. Subrecipient may not discriminate against any employee or other person who reports a violation
of the terms of this agreement or of any law or regulation to City or to any appropriate law
enforcement authority, if the report is made in good faith.
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SECTION 32. LEGAL USE OF FUNDS CERTIFICATION
Subrecipient hereby certifies, as a condition to receiving funds from the City under this Contract, that
the funds will be used in accordance with state and federal laws.
SECTION 33. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this agreement may not be substituted for funds or resources
from any other source nor in any way serve to reduce the funds or resources which would have been
available to or provided through Subrecipient had this agreement never been executed.
SECTION 34. DEBARMENT
By signing this contract Subrecipient certifies that it will not award any funds provided under this
contract to any party which is debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24.

Subrecipient shall receive the certification provided by the City from each proposed subcontractor
under this contract and its principals.
SECTION 35. NO WAIVER
No right or remedy given to City by this contract shall preclude the existence of any other right or
remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any
other right or remedy. The failure of City to exercise any right or remedy on any occasion shall not
constitute a waiver of City's right to exercise that or any other right or remedy at a later time.
SECTION 36. SEVERABILITY
If any portion of this agreement is held to be invalid by a court of competent jurisdiction, the remainder
of it shall remain valid and binding.
SECTION 37. PRIOR ORAL AND WRITTEN AGREEMENTS
All oral and written agreements between the parties to this contract relating to the subject matter of this
agreement that were made prior to the execution of this agreement have been reduced to writing and
are contained herein.
SECTION 38. JOB POSTINGS ON WORKINTEXAS.COM
Subrecipient must post all Contract-related job opportunities on the Workintexas.com website.
SECTON 39. POSTING OF PROCUREMENT OPPORTUNITIES
In addition to following any applicable state or local procurement laws, Subrecipient shall timely provide
the City with an electronic version of any notice of procurement opportunity for posting on the Texas
Department of Housing and Community Affair’s website.
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SECTION 40. ASSIGNMENT
No assignment or delegation of duties under this Agreement shall be effective without written consent
of City.
SECTION 41. NOTICES
Communication and details concerning this Agreement shall be directed to the following Agreement
representatives:
CITY OF IRVING LEGAL AID OF NORTHWEST TEXAS
Chris Hooper, Director Errol Summerlin

Housing and Human Services Department CEO
City of Irving 600 E. Weatherford St.
2520 W. Irving Blvd., Ste. 300 Fort Worth, TX 76102

Irving, TX 75061 (817) 710-0031
(972) 721-4800 (817) 649-4759 (fax)
(972) 721-6794 (fax)
SECTION 42. EXHIBITS
The exhibits identified below are hereby made a part of this agreement:
1. Exhibit A, Scope of Work

2. Exhibit B, Performance Objectives
3. Exhibit C, Required Administrative Procedures
4. Exhibit D, Budget
5. Exhibit E, Certification Regarding Lobbying
6. Exhibit F, Texas Penal Code
7. Exhibit G, Affidavit Against Prohibited Acts
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In Witness Whereof, the parties have hereunto set their hands by the representatives hereunto duly
authorized on the date first stated above.
CITY OF IRVING, TEXAS LEGAL AID OF NORTHWEST TEXAS
By: ____________________________ By: ____________________________

Herbert A. Gears, Mayor Board President/Chair

DATE SIGNED: DATE SIGNED:
_______________________________ ________________________________
ATTEST: ATTEST:
_______________________________ ________________________________
Janice Carroll, TRMC
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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HPRP
EXHIBIT A
SCOPE OF WORK
SUBRECIPIENT will be responsible for administering the PROGRAM in a manner consistent with the federal
requirements governing the provision of Homelessness Prevention and Rapid Re-Housing Grant funds.
Subrecipient will provide the following case management activities eligible under the Homelessness Prevention
and Rapid Re-Housing Grant Program:
PROGRAM ACTIVITIES
Activity #1 Limited Legal Services including advice and brief legal services such as
providing letters, completing letters, and other similar services.
Activity #2 Extended Legal Services including but not limited to representation in

court, administrative law hearings, & negotiation with adverse parties.
All activities funded by this grant will be carried out at 1515 Main Street, Dallas, TX, 75201 and 600 W. Pioneer
Drive, Irving, TX 75061.
Homelessness Prevention Activities Defined
The U.S. Department of Housing and Urban Development (HUD) defines homelessness prevention as activities
or programs designed to prevent the incidence of homelessness, including (but not limited to):
(a) Short term subsidies to defray rent, mortgage and utility arrearages for families that have received
eviction or utility termination notices;
(b) Security deposits or first month’s rent to permit a homeless family to move into its own apartment;
(c) Mediation programs for landlord tenant disputes;
(d) Legal services programs for the representation of indigent tenants in eviction proceedings; and
(e) Other innovative programs and activities designed to prevent the incidence of homelessness (24 CFR
576.3).
Participant file documentation must indicate that all households provided assistance through HPRP would
be homeless but for this assistance.
The agency is responsible for maintaining program records documenting intake assessment interview notes and
supporting documentation verifying program eligibility for each program participant including: Texas government
issued identification (e.g., drivers license, birth certificate, Social Security Card) homelessness status, eviction
documentation, income, legal status in U.S. documentation, proof of registration with Texas Workforce
Commission/enrollment in full time education/training program.
The Housing and Human Services Department will monitor the performance of Subrecipient against HPRP
regulations and requirements stated above.
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EXHIBIT B
PERFORMANCE OBJECTIVES
In addition to meeting the administrative requirements included in this Agreement, Subrecipient agrees to provide
the following levels of program services:
A. Number of Persons To Be Assisted: 125
B. Number of Households To Be Assisted: 37
C. Number of Service Units to be Provided: 367 hours

Services Total Units Per Year
A. Limited or Brief Legal Services 183 hours
B. Extended Legal Services 184 hours
Housing and Human Services Department staff will monitor the performance of Subrecipient against the goals
and performance objectives stated above.
D. Evaluation Results Regarding Quality/Outcome of Services Provided
Seventy-five percent (75%) of program participants will have their identified legal needs related to
housing and self-sufficiency (as allowed by the funding source) addressed by Legal Aid staff.
E. Subrecipient will submit monthly Performance Reports to the Housing and Human Services Department
by the 5th of the month following each month of service of the Contract Period.
F. Subrecipient will submit information required to develop Annual Progress Reports upon request and final
Program Close Out Report to the Housing and Human Services Department no later than thirty (30) days
after the end of the Contract Period.
G. The Housing and Human Services Department requires that, unless alternative arrangements have been
approved by the Housing and Human Services Department staff in advance, grant performance be evenly
extended over the contract term.
H. The Housing and Human Services Department requires that all grant performance, including evaluation
performance, be reflected in monthly Performance Objective Reports which are furnished to the Housing
and Human Services Department and its Board, City Council, and City Management. Performance will be
reflected in reporting to the U.S. Department of Housing and Urban Development on a quarterly basis and
annual basis.
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EXHIBIT C
REQUIRED ADMINISTRATIVE PROCEDURES
Applicable Record Keeping Procedures
A. Administrative
Monthly Client Data Summary forms indicating the homelessness status, size, composition,
race/ethnicity, disability status, annual income of households.
Income source documentation for thirty day period prior to assistance (based on copies of two
consecutive pay stubs, entitlement benefit notices, other income documentation, or, if income is zero at
intake, certification of zero income) and calculation of income using Part 5 and related worksheet

maintained in participant files. Source documentation for income and Irving residency is eligibility
requirement for participants of Program.
Proof of financial emergency (Notice to Vacate within one week, Utility disconnection Notice within one
week, medical or other unusual, emergency invoices with proof of payment) documented and maintained
in participant files.
Notes reflecting assessment that goal of housing stability and self-sufficiency is realistic goal for this
household and realistic plan for achieving these goals noted in participant files.
Completed universal intake forms for all households provided HPRP services provided to Housing and
Human Services Department within three days of intake.
All case files updated as information noted above changes and revised forms submitted to Housing and
Human Services Department.
Monthly Client Service Log indicating the household name/number, date of service and number of hours
of services provided submitted to Housing and Human Services Department.
Subrecipient subject to administrative recordkeeping requirements of the U.S. Department of Housing and
Urban Development for Homelessness Prevention and Rapid Re-Housing Program grants.
B. Program
Participant files and case notes documenting all information reflective of program outcomes and
participant eligibility maintained for all households.
C. Monthly Financial Status Report summaries and Performance Reports due to the Housing and Human
Services Department by the fifth (5th) of each month following the month of service. All detailed requests
for reimbursement (with source documentation for income (e.g., two consecutive pay stubs) and residency
is eligibility requirement for participants of Program. All detailed requests for reimbursement (with
complete source documentation, provided in Exhibit “D”) are due to the Housing and Human Services
Department by the 5th of the month following the month of payment (Requests for Reimbursement) and
following the month of service (Performance Reports).
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EXHIBIT D
BUDGET/AUTHORIZED REIMBURSABLE COSTS
Line Item Amount

Attorney salary & benefits – Year 1 20,000.00
Attorney salary & benefits – Year 2 40,000.00
TOTALS $60,000.00
(allocation)
Total reimbursement for eligible expenses will not exceed the amount specified and will be contingent upon City
receipt of source documentation of expenditures (time sheets, client service logs, copies of direct deposit notices,
copies of canceled checks, bank statements, etc.).
The Housing and Human Services Department requires that, unless alternative arrangements have been approved

by Housing and Human Services Department staff in advance, funds be evenly expended for the contract term in
order to meet grant timeliness requirements.
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EXHIBIT E
Certification Regarding Lobbying
for Contracts, Grants, Loans, and Cooperative Agreements
THE UNDERSIGNED CERTIFIES TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF THAT:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal

contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
LEGAL AID OF NORTHWEST TEXAS
By:_____________________________
Signature
________________________________
Typed or Printed Name
________________________________
Title
________________________________
Date
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EXHIBIT F
TEXAS PENAL CODE
Title 8: Offenses Against Public Administration
Chapter 36. Bribery and Corrupt Influence
36.02 Bribery
(a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on
another, or solicits, accepts, or agrees to accept from another:
(1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or
other exercise of discretion as a public servant, party official, or voter;
(2) any benefit as consideration for the recipient's decision, vote, recommendation, or other
exercise of official discretion in a judicial or administrative proceeding;
(3) any benefit as consideration for a violation of a duty imposed by law on a public servant or
party official; or

(4) any benefit that is a political contribution as defined by Title 15, Election Code, if the benefit
was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to
take or withhold a specific exercise of official discretion if such exercise of official discretion
would not have been taken or withheld but for the benefit; notwithstanding any rule of
evidence or jury instruction allowing factual inferences in the absence of certain evidence,
direct evidence of the express agreement shall be required in any prosecution under this
subdivision.
(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was
not qualified to act in the desired way whether because he had not yet assumed office or he lacked
jurisdiction or for any other reason.
(c) It is no defense to prosecution under this section that the benefit is not offered or conferred or that the
benefit is not solicited or accepted until after:
(1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or
(2) the public servant ceases to be a public servant.
(d) It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) of this Section
that the benefit is a political contribution accepted as defined by Title 15, Election Code.
(e) An offense under this section is a felony of the second degree.
36.08 Gift to Public Servant by Person Subject to His Jurisdiction

(a) A public servant in an agency performing regulatory functions or conducting inspections or
investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person
the public servant knows to be subject to regulation, inspection, or investigation by the public servant or
his agency.
(b) A public servant in an agency having custody of prisoners commits an offense if he solicits, accepts, or
agrees to accept any benefit from a person the public servant knows to be in his custody or the custody
of his agency.
(c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits
an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public
servant knows litigation is pending or contemplated by the public servant or his agency.
(d) A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or
other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to
accept any benefit from a person the public servant knows is interested in or likely to become interested
in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.
(e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal
having judicial or administrative authority, or who participates in the enforcement of the tribunal's
decisions, commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the
public servant knows is interested in or likely to become interested in any matter before the public
servant or tribunal.
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(f) A member of the legislature, the governor, the lieutenant governor, or a person employed by a member
of the legislature, the governor, the lieutenant governor, or an agency of the legislature commits an
offense if he solicits, accepts, or agrees to accept any benefit from any person.
(g) A public servant who is a hearing examiner employed by an agency performing regulatory functions
and who conducts hearings in contested cases commits an offense if the public servant solicits, accepts,
or agrees to accept any benefit from any person who is appearing before the agency in a contested case,
who is doing business with the agency, or who the public servant knows is interested in any matter
before the public servant. The exception provided by Section 36.10(b) of this code does not apply to a
benefit under this subsection.
(h) An offense under this section is a Class A misdemeanor.
36.09 Offering Gift to Public Servant

(a) A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant
that he knows the public servant is prohibited by law from accepting.
(b) An offense under this section is a Class A misdemeanor.

36.10 Non-Applicable
(a) Sections 36.08 (Gift to Public Servant) and 36.09 (Offering Gift to Public Servant) of this code do not
apply to:
(1) a fee prescribed by law to be received by a public servant or any other benefit to which the
public servant is lawfully entitled or for which he gives legitimate consideration in a capacity
other than as a public servant;
(2) a gift or other benefit conferred on account of kinship or a personal, professional, or business
relationship independent of the official status of the recipient;
(3) a benefit to a public servant required to file a statement under Chapter 421, Acts of the 63rd
Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or a report
under Title 15, Election Code, that is derived from a function in honor or appreciation of the
recipient if:
(A) the benefit and the source of any benefit in excess of $50 is reported in the statement;
and
(B) the benefit is used solely to defray the expenses that accrue in the performance of duties
or activities in connection with the office which are non-reimbursable by the state or
political subdivision;
(4) a political contribution as defined by Title 15, Election Code; or
(5) a gift, award, or memento to a member of the legislative or executive branch that is required to
be reported under Chapter 805, Government Code.
(b) Section 36.08 (Gift to Public Servant) of this code does not apply to food, lodging, transportation, or
entertainment accepted as a guest and, if the donee is required by law to report those items, reported by
the donee in accordance with that law.
(c) Section 36.09 (Offering Gift to Public Servant) of this code does not apply to food, lodging,
transportation, or entertainment accepted as a guest and, if the donor is required by law to report those
items, reported by the donor in accordance with that law.
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EXHIBIT G
THE STATE OF TEXAS

AFFIDAVIT AGAINST PROHIBITED ACTS
COUNTY OF DALLAS
My name is __________________________________________________________. I hereby affirm that I am

aware of the provisions of Texas Penal Code Title 8, Sections 36.02, 36.08, 36.09, and 36.10 (a copy of which is
attached hereto), dealing with Bribery and Gifts to Public Servants.
I further affirm that I will adhere to such rules and instruct and require all agents, employees, and subcontractors
to do the same. I am further aware that any violation of these rules subjects this agreement to revocation, my
removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution.

LEGAL AID OF NORTHWEST TEXAS
By:_____________________________
Signature
________________________________
Typed or Printed Name
________________________________
Title
Date signed: _____________________
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AGENDA ITEM SUMMARY

Recommending Department: Irving Arts Center LSR No: 10087
Resolution -- Approval of the Irving Arts Center’s Founders Fund Financial

Assistance Program Grant Agreement
2. Impact: This agreement formalizes the grant award with a contract between the
City and the Irving Arts Center Founding Organizations.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
Previous Action: 2009-44 Council Action: Approved
.
ATTACHMENTS:
LOA Founders Fund_2010 (PDF)

NONE
Prepared: 7/28/2010 01:53 PM by Mary Carrol
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CITY OF IRVING
WHEREAS, in Resolution No. RES-2009-44, the City Council approved the Irving Arts
Center’s Founders Fund Financial Assistance Program for use by the Irving Arts Board to provide
financial assistance through published public guidelines;
WHEREAS, as a result of an applicant successfully completing the public review process and
receiving a recommendation for a specific dollar amount from the Irving Arts Board, applicants are
awarded grants for artistic and cultural opportunities in Irving, Texas;
WHEREAS, the City Council authorizes a specific amount of funds for the financial assistance
programs through the City of Irving’s annual budget process and approval; and
WHEREAS, a potential applicant will be required to enter into a grant agreement with the City
based on the recommendation of the Irving Arts Board;

IRVING, TEXAS:
SECTION I. THAT the Mayor is hereby authorized to execute all documents and agreements
associated with grant awards made by the Irving Arts Board pursuant to the Irving
Arts Center’s Founders Fund Financial Assistance Program.
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Agreement for Assistance/Services
1. Parties to Agreement and Term. This Agreement is entered between

___________________, a non-profit, tax exempt organization (“Organization”) and the
City of Irving on behalf of the Irving Arts Center (“IAC”).
Attachment: LOA Founders Fund_2010 [Revision 1] (3513 : 49 Appr IAC Founders Fund Grant Agmt)
2. Authorization. In resolution no. 2009-44, the Irving City Council approved the
establishment of the Founders Fund. At the _____________, 20_____ Irving Arts Board
meeting, the Irving Arts Board approved the payment/grant to Organization of
$___________.00.
3. Mission of Organization. Organization is a Founding Arts Organization and its

mission is consistent with the mission of the Irving Arts Board, i.e. to provide artistic and
cultural opportunities to residents and visitors of the city of Irving.
4. Term of Agreement: The term of this Agreement shall be from the date of the
signature of the Mayor through the payment by the IAC of the last portion of the
Assistance, unless terminated by the IAC.
5. Funding by IAC. The IAC agrees to provide sponsorship to Organization

through financial assistance in the amount of $________________ (“Assistance”) to be
paid on the following schedule and manner:
a. 40% of Assistance on or before November 30, 20____ if IAC has received
from Organization a budget that has been revised to account for
Assistance awarded that is less than the financial assistance requested;
b. 20% of Assistance on or before February 28, 20____;
c. 20% of Assistance on or before May 31, 20____; and
d. 20% of Assistance upon Organization’s submission of its Final Evaluation
Report to the Irving Arts Board and approval of the Final Evaluation
Report by the Irving Arts Board.
This funding is contingent upon the Irving City Council’s approval of the Irving Arts
Board’s FY ___-___ budget; the City’s budget become effective October 1, 20___.
6. Time Period for Organization’s Programs. The Organizaion’s funded,

program services must occur between Oct. 1, 20____ and Sep. 30, __20__.
7. Termination for Failure of Funding. Notwithstanding any other provision of

this Agreement, if funds for the continued fulfillment of this Agreement by IAC are at
any time insufficient or not forthcoming through the failure of the Irving City Council to
appropriate funding, then IAC shall have the right to terminate this Agreement without
penalty by giving to Organization written notice of lack of funding, in which instance
unless otherwise agreed by the parties, this Agreement shall terminate and become null
and void on the last day of the fiscal period for which appropriations were received.
Founders Fund Agreement Page 1
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8. Obligations of Organization. Organization agrees to:

a. Perform and complete all program services including, but not limited to
those described in the application attached as Exhibit A and incorporated herein by
reference and on or before September 30, 20____;
b. Maintain the Organization’s status as a non-profit organization as defined
by section 501(c)(3) of the Internal Revenue Code;
c. Maintain the board of directors of the Organization with a majority of
voting members residing in the City of Irving;
d. Provide IAC with a completed, typed Final Evaluation Report in a form
tobe provided by the IAC on or before December15, 20____; the Final Evaluation Report
is attached as Exhibit B and is incorporated herein by reference; and
e. Provide credit on all electronic media, printed materials, and advertising,
and in announcements as follows: “Funded in part by the City of Irving through the
Irving Arts Board;”
f. If the funding is provided through grants from the Texas Commission on
the Arts or the National Endowment of the Arts, also provide credit on all electronic
media, printed materials, and advertising, and in announcements with the logo and/or as
follows: “This project is supported in part by grants from the Texas Commission on the
Arts and the National Endowment for the Arts;”
g. Prior to Organization’s use of the IAC space, enter into a Use Agreement
with IAC should Organization use any space at the Irving Arts Center;
h. Provide during the Term of the Agreement $2 funding from
Organization’s funds (“Match”) for program services for every $1 of Assistance under
the following terms:
1. The Match must be earned from activities within the city of
Irving;
2. Only 30% of the Match can be in-kind contributions (i.e. goods,
services, and/or supplies for which Organization may normally
have to pay to meet its mission) that shall:
a. Be valued at fair market rate or the actual cost of the
contributions;
b. Be documented by Organization on a detailed schedule
included in the application; and
c. Exclude support or services provided by IAC.
3. The Organization cannot consider reserve funds as part of the
Match unless such reserve funds are withdrawn from the reserve
accounts and used for actual expenses of the program services
described in the application attached as Exhibit A.
9. Professional Conduct. Organization agrees that its employees, agents,

representatives, volunteers, and staff shall treat all employees, independent contractors,
volunteers; representatives of IAC, other arts organizations, and other rental clients with
courtesy and respect, shall not use abusive language, and shall not conduct themselves in
a way that disrupts the business/art activity of the IAC.
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10. Prohibited Activities. Organization agrees not to utilize the Assistance to fund
social functions, receptions, parties, capital campaigns for permanent facilities and/or
equipment purchases; retiring of debt; litigation or related costs, religious activities, or
events that support specific religious viewpoints or specific religions, or already incurred
costs.
11. Compliance with Laws. Organization shall comply with all federal, state, and
local laws, statutes, codes, ordinances, rules and regulations affecting the performance of
this Agreement.
12. Termination for Cause. Upon a vote by the Arts Board and written notice to
Organization, IAC may terminate this Agreement for failure of Organization to comply
with the terms of Agreement. In such a case, no further Assistance will be due to
Organization.
13. Termination by Agreement. This Agreement may be terminated in whole or in

part by agreement of the parties in writing.
14. Notice: All notices or documents required or permitted to be delivered under this
Agreement shall be sent to the addresses set forth below, or at such other address as
Organization or IAC may specify from time to time by written notice delivered in
accordance with this paragraph:
IAC:
Executive Director
Irving Arts Center
3333 N. Mac Arthur Blvd.
Irving, TX 75062
Organization:
___________________________________________
15. Independent Contractor. Organization acknowledges that its board members,

staff members, artists, instructors, and other persons utilized by Organization are not
employees or agents of IAC. Organization and any employee of Organization agree to
perform and discharge all obligations as an independent contractor(s) under any and all
laws, whether existing or in the future, in any way, including but not limited to Social
Security laws, Worker’s Compensation Insurance, Income Taxes, and Public Liability
Insurance.
16. IAC and Organization are not entering into a partnership, joint venture or similar
relationship herewith.
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17. Indemnification. ORGANIZATION UNDERSTANDS THAT ALL

WORK DONE BY ORGANIZATION, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, VOLUNTEERS, OR OTHER PERSONS AT THE IAC FACILITY OR
ELSEWHERE IS DONE AT ORGANIZATION’S OWN RISK. ORGANIZATION
SHALL AND HEREBY DOES AGREE TO INDEMNIFY AND HOLD
HARMLESS IAC, INCLUDING ANY OF ITS OFFICERS, AGENTS OR
EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF
ANY KIND, WHATSOEVER, BY REASON OF INJURY TO PROPERTY OR
PERSONS OCCASIONED BY ANY ERROR, OMISSION OR ACT OF
ORGANIZATION, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES,
VOLUNTEERS, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE,
WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT, AND
ORGANIZATION WILL AT ITS COST AND EXPENSE DEFEND AND
PROTECT IAC, INCLUDING ANY OF ITS OFFICERS, AGENTS OR
EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.
ORGANIZATION FURTHER AGREES TO INDEMNIFY IAC, INCLUDING
ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES FOR ANY AND ALL
INJURY AND/OR DAMAGE TO ITS STAFF AND/OR IAC FACILITY BY
ORGANIZATION, ITS OFFICERS, EMPLOYEES, INVITEES, PATRONS,
VISITORS, VOLUNTEERS, OR ANY OTHER PERSON INJURING OR
DAMAGING THE IAC’S STAFF OR IAC FACILITY AS A CONSEQUENCE OF
ORGANIZATION’S USE OF THE IAC FACILITY. FURTHER,
ORGANIZATION HEREBY INDEMNIFIES AND AGREES TO PROTECT,
HOLD AND SAVE IAC, INCLUDING ANY OF ITS OFFICERS, AGENTS OR
EMPLOYEES HARMLESS FROM AND AGAINST ALL CLAIMS, AND ALL
COSTS, EXPENSES, REASONABLE ATTORNEY FEES, CLAIMS, SUITS,
LOSSES OR LIABILITY FOR INJURIES TO PROPERTY, INJURIES TO
PERSONS (INCLUDING ORGANIZATION, ITS OFFICERS, EMPLOYEES,
INVITEES, PATRONS, VISITORS, OR VOLUNTEERS), INCLUDING DEATH,
AND FROM ANY OTHER COSTS, EXPENSES, REASONABLE ATTORNEY
FEES, CLAIMS, SUITS, LOSSES OR LIABILITIES OF ANY AND EVERY
NATURE WHATSOEVER ARISING IN ANY MANNER, DIRECTLY OR
INDIRECTLY, OUT OF OR IN CONNECTION WITH OR IN THE COURSE OF
OR INCIDENTAL TO, ANY OF ORGANIZATION'S WORK OR OPERATIONS
HEREUNDER OR IN CONNECTION HEREWITH, REGARDLESS OF CAUSE
OR OF THE SOLE, JOINT, COMPARATIVE OR CONCURRENT
NEGLIGENCE OR GROSS NEGLIGENCE OF IAC, INCLUDING ANY OF ITS
OFFICERS, AGENTS OR EMPLOYEES.
18. Venue and Governing Law. This Agreement shall be interpreted and the rights
determined according to the laws of the State of Texas. Venue for any lawsuit resulting
from this contract is in a court of competent jurisdiction in Dallas County, Texas.
19. Severability. If any provision of this Agreement is held to be invalid, illegal, or

unenforceable by a court of competent jurisdiction, the provision shall be stricken, and all
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other provisions which can operate independently of the stricken provision shall continue
in full force and effect.
20. Entire Agreement. This document embodies the entire agreement between the
City of Irving, doing business as the Irving Arts Center, and Organization and supersedes
all prior agreements and understanding relating to the subject matter thereof. This
agreement may not be changed orally, but only by an instrument in writing, signed by the
party against whom enforcement of any change, waiver, discharge or termination is
sought.
21. Organization’s Signatory. The signatory of this Agreement for Organization

represents and warrants that he/she is an officer of Organization and has full and
complete authority to enter into this Agreement on behalf of Organization.
By their signatures below, both parties agree to the terms of this agreement.
Date:___________ Date:___________
_______________________ _______________________
Authorizing Official, Signature Herbert Gears, Mayor, City of Irving
Print Name
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AGENDA ITEM SUMMARY

Recommending Department: Irving Arts Center LSR No: 11248
& 11249
Resolution -- Approving Amendments to the The Irving Arts Center’s

Operational Policies, Food and Beverage Section, and Approving the IAC
Catering Agreement to be Used by Caterers who Want to be Included on a
Preferred Catering List.
2. Impact: The proposed amendments will minimize the City’s exposure to risk
through adoption of professional food and beverage service standards.
(Approved as proposed by COI Risk Management, City Attorney, and Health
Division-Code Enforcement)
- Increase efficiency by reducing staff prep time for events
- Add additional revenue stream for IAC (estimated at 5-8% increase over
current year’s room rental income)
3. After extensive due diligence, benchmarking other facilities, and input from clients
and a task force of Arts Board members, the full Arts Board unanimously
recommends these changes to the City Council for their review and consideration.
Recommendation
.
ATTACHMENTS:
IAC Operational Policy Changes 8_16_10 (PDF)
FINAL_IAC Catering Contract 8_16_10 (PDF)
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NONE
Prepared: 8/17/2010 03:50 PM by Mary Carrol
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CITY OF IRVING
WHEREAS, in Resolution No. RES-2009-105 the City Council approved the Irving Arts
Center’s Operational Policies for use by the Irving Arts Board to govern operations of the Facility of
the Irving Arts Center; and
WHEREAS, the Irving Arts Board has approved the attached changes to Subchapter VI. Food and
Beverage Service and Concessions of the Irving Arts Center’s Operational Policies; and
WHEREAS, in conjunction with the changes to the Operational Policies, the Irving Arts Center
will be requiring the use of prequalified caterers that will enter into contracts with the City of Irving;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached revisions to the Irving Arts
Center Operational Policies.
SECTION II. THAT the Mayor is authorized to execute the attached catering contract as arises with
individual caterers.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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The following shall replace in its entirety Paragraph 5, subchapter VI. Food
and Beverage Service and Concessions from the IAC Operational Policies and
Rental Rates, as adopted by the Irving City Council in Resolution 2009-105:
Subchapter VI. Food and Beverage Service and Concessions
Attachment: IAC Operational Policy Changes 8_16_10 (3525 : 49 Appr Ammend IAC Op Pol)
A. Theater Lobby and On-Stage Receptions.
Food and beverage service, including the sale or hosted service of alcoholic beverages
requires use of a pre-qualified vendor from the IAC Catering list. Clients may refer
caterers to the Center for inclusion on the IAC list. All caterers are required to complete
a catering contract with the Center, and pay a catering fee for each Event. Allow 30
days for completion of process.
B. Theater Concession Stands.
Concession stands are available to Users as a part of theatre performance rental

without additional charge.
(1) Pre-Packaged food and non alcoholic beverage service may be provided by
the User or User’s designee from the concession stand without a health
permit. Sale of such items is allowed with the client retaining all proceeds.
(2) Hosted Alcoholic Beverage Service with Client Providing Alcohol (provided by
rental client free to patrons in lobby area only) All alcoholic beverages must
be served by a Texas Alcoholic Beverage Commission (“TABC”) licensed
server from a provider on the IAC Catering list. Alcohol may be provided by
clients for hosted bar service only if containers are verified as manufacturer
sealed by the licensed server prior to event start. TABC regulations apply. In
conjunction with such service, Client must pay a fee as set out in the Irving
Arts Center Facility Rental Rate Sheet, as shown in Attachment C, which may
be revised without notice at any time by the Board.
(3) Sales of Alcoholic Beverages. Sales are allowed only when provided by a fully
licensed caterer or service from the IAC Catering List. TABC regulations apply.
The Caterer selected by the User must pay a percentage of client food and
beverage cost to IAC as set out in Irving Arts Center Facility Rental Rate
Sheet, as shown in Attachment C, which may be revised without notice at any
time by the Board.
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C. Non-Theatre Venues
(1) Private Meetings < 49 persons. For private meetings with attendance of 49 or
fewer persons, drop off or delivery food and non-alcoholic beverage catering
from licensed food service establishments is allowed for a surcharge per the
rate sheet. In conjunction with such service, Client must pay a fee as set out
in the Irving Arts Center Facility Rental Rate Sheet, as shown in Attachment
C, which may be revised without notice at any time by the Board. The
license food establishment is not required to be a pre-qualified vendor from
the IAC Catering list.
(2) All other Events. All other food and beverage service, including the sale or
service of alcoholic beverages requires use of a pre-qualified vendor from the
IAC Catering list. Clients may refer caterers to the Center for inclusion on the
IAC list. All caterers are required to complete a catering contract with the
Center, and pay a catering fee for each Event. Allow 30 days for completion
of process. The Caterer selected by the User must pay a percentage of client
food and beverage cost to IAC as set out in Irving Arts Center Facility Rental
Rate Sheet, as shown in Attachment C, which may be revised without notice
at any time by the Board.
(3) Hosted Alcoholic Beverage Service with Client Providing Alcohol (provided by
rental client free to patrons) All alcoholic beverages must be served by a
TABC licensed server from a provider on the IAC Catering list. Alcohol may
be provided by clients for hosted bar service only if containers are verified as
manufacturer sealed by the licensed server prior to Event start. TABC
regulations apply. Fees apply per the Rate Sheet. In conjunction with such
service, Client must pay a fee as set out in the Irving Arts Center Facility
Rental Rate Sheet, as shown in Attachment C, which may be revised without
notice at any time by the Board.
D. Sales and Service of Alcoholic Beverages
Alcoholic beverages may not be sold or served at Public Events Monday through Friday
before 4 p.m.; alcoholic beverages may be sold or served at private events Monday
through Friday before 4 p.m. All alcoholic sales and service must cease at 11 p.m.
Monday – Saturday and at 9 p.m. on Sunday.
Texas Alcoholic Beverage Commission regulations and IAC food and beverage service
rules apply to all Users of the Irving Arts Center and to all Caterers working in the
Facility at all times.
E. Kitchen Facilities.
Non-exclusive access to the IAC kitchen facilities is included in the rental rate. The
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kitchens are not equipped for large-scale food preparation and serve all Users of the
entire Facility. Each User is held responsible for clean-up of the kitchens, including
providing necessary cleaning supplies. Additional charges will be assessed for labor and
equipment costs in remedying a User’s failure to clean the kitchen as required.
The following are proposed additions to IAC Operational Policies and Rental
Rates, Subchapter VII. Rules and Regulations, at the conclusion of the
section titled “Prohibited Behavior. “
Prohibited Behavior. The following behavior is prohibited while on the Facility and
no person shall intentionally, knowingly or willingly, while on the Facility:
(21) Install décor without approval of the IAC Front of House Supervisor on
duty. Prohibited decorations include, but are not limited to, straw, hay, rice, glitter,
confetti, or sequins. Balloons may not be filled with anything other than helium or air.
At the conclusion of the event, ALL balloons must be removed from premises;
(22) Attach décor or materials to permanent fixtures such as doors, windows,

ceilings, windows & light fixtures. Decorations or materials may not be nailed, stapled,
glued, taped or otherwise attached to any part of the premises without approval of the
on duty Front of House Supervisor. All decorative materials must be flameproof. All
candles must be enclosed in glass or a fireproof container that exceeds the flame height
by a minimum of 5”. Pillar and votive candles only. No tapered candles allowed.
Crepe paper must be water soluble;
(23) Throw or scatter rice, confetti, sawdust, birdseed, or popper streamers

anywhere on the Arts Center premises. Fireworks of any kind, including sparklers are
illegal and strictly prohibited. Use of a bubble machine is allowed outside the IAC
facility only.
The following are changes and additions to the IAC Operational Policies and
Rental Rates, Attachment C – Rate Sheet.
DATE CHALLENGE & FEE

A non-resident founding client requesting a date held by a resident founding
organization may “challenge” the date by signing a use agreement & paying a deposit
to secure the date. The challenged client will have seven business days to pay the
required fee & sign a use agreement. If the challenged organization pays the required
deposit & completes the use agreement within seven business days, then the deposit
will be returned & the use agreement voided without penalty to the client initiating the
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challenge. A deposit of $1,000 & a signed use agreement is due before a challenge can
be initiated
TULIP INSURANCE RATES

Applies to all clients based on event type, venue capacity & attendance
$150 125 to $250175 per performance/event Insurance rates & coverage subject
to change and are based upon availability.
The following items would be added to the Attachment C - Rate Sheet as a
result of the recommended policy modifications of Paragraph 5, Subchapter
VI Food and Beverage Service and Concessions of the IAC Operational
Policies.
FOOD AND BEVERAGE SERVICE RATES

Food and beverage service, including sale or hosted service of alcoholic beverages
requires use of a pre-qualified vendor from IAC Catering list with exceptions noted
below. Client catering referrals accepted. Caterers must qualify by completing a
catering contract with the Center and paying required fee. Allow 30 days for application
process. Sales of Alcoholic Beverages. Sales are allowed only when provided by a fully
licensed caterer or service from the IAC Catering List. Texas Alcoholic Beverage
Commission (TABC) regulations apply. Caterer pays 10% of client food and beverage
invoice to IAC.
THEATER VENUES
Theater Concession Stands – Use is included in theater performance rental without
additional charge to renting client.
Options 1: Pre-Packaged Items. Sales of pre-packaged food and non alcoholic
beverages allowed in concession stands without a health permit. Client retains
proceeds.
Option 2: Prepared Items and/or Alcoholic Beverages. All other food and
beverage service (lobby receptions and on-stage events), including sale or service of
alcoholic beverages requires use of a pre-qualified vendor from the IAC Catering list.
Selected caterer pays 10% of client food and beverage cost to IAC.
Hosted Alcoholic Beverage Service with Client Providing Alcohol (provided by

rental client free to patrons in lobby area only) All alcoholic beverages must be served
by a TABC licensed server from a provider on the IAC Catering list. Alcohol may be
provided by clients for hosted bar service only if containers are verified as manufacturer
sealed by the caterer’s licensed server prior to event start. TABC regulations apply.
FEE PAID BY RENTING CLIENT
Carpenter Hall $150 per Event
Dupree Theater $50 per Event
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NON-THEATER VENUES
Private Meetings < 49 persons. For private meetings with attendance of 49 or
fewer persons, drop-off or delivery food and non-alcoholic beverage catering from
licensed food service establishments is allowed for a surcharge per the rate sheet. The
licensed food establishment is not required to be a pre-qualified vendor from the IAC
Catering list.
Drop-off or delivery of food allowed only for Private Meetings < 49 persons
$50 per day paid by Client User
Hosted Alcoholic Beverage Service with Client Providing Alcohol (provided by
rental client free to patrons) All alcoholic beverages must be served by a TABC licensed
server from a provider on the IAC Catering list. Alcohol may be provided by clients for
hosted bar service only if containers are verified as manufacturer sealed by the licensed
server prior to event start. TABC regulations apply. $100 per Event paid by Client User
All other events. All other food and beverage service, including the sale or service of
alcoholic beverages requires use of a pre-qualified vendor from the IAC Catering list.
Caterer pays 10% of client food and beverage invoice to IAC.
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THE IRVING ARTS CENTER
2010
CATERING AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Irving through the
Irving Arts Center, Irving, Texas (the “IAC”) and ______________________________
(“Caterer”), for the purpose of granting to Caterer the non-exclusive privilege to provide food
service at The Irving Arts Center, 3333 N. MacArthur Blvd. Irving, TX 75062 (“Facility”),
Attachment: FINAL_IAC Catering Contract 8_16_10 (3525 : 49 Appr Ammend IAC Op Pol)
through arrangements between the Caterer and the IAC or the Caterer and third-parties who are
Users of the Facility.
1. POLICY: The IAC has established an open catering policy for certain events booked at the
Facility. By executing this Agreement, authorized caterers obtain the non-exclusive privilege to
provide food, alcoholic and non-alcoholic beverages, and related catering services to the IAC or
third-party Users of the Facility. In order to obtain and maintain catering privileges under this
Agreement, a caterer must meet and continually comply with certain minimum standards
required of authorized caterers. Caterer shall have appropriate alcohol licenses and/or
permits meeting all requirements of the Texas Alcoholic Beverage Commission (“TABC”)
in order to provide and/or sell alcoholic beverages. This permit must be on file in Facility
office.
(Only TABC certified servers are allowed to serve alcohol at any time inside Facility.)
2. NON-EXCLUSIVE GRANT OF CATERING PRIVILEGES: For the consideration and

subject to the terms, provisions and conditions set forth herein, IAC grants to Caterer the non-
exclusive privilege to provide commercial catering services for events scheduled by the IAC in
the Facility. This Agreement only places Caterer on a list of authorized caterers who may
provide food and catering services for events to be held at the Facility; the IAC makes no
representation or warranty that Caterer will obtain any business by virtue of this Agreement.
3. FEES AND RECORDS: (a) The Caterer, whether under contract with a third-party User or
with the IAC for catering services at the Facility, shall pay the IAC a gross sum equal to ten
percent (10%) of the amount due Caterer from the User or the IAC for each catered event.
(NOTE: This includes all food and alcoholic and non-alcoholic beverages, with the exception of
hosted bar service when the client is providing the alcohol. Rate Sheet fees apply when there is
hosted bar service and the client is providing the alcohol.) A copy of the Caterer’s total, final
invoice to the User, accompanied by payment in full of the fee due to the IAC shall be remitted
to the IAC, at the Facility office, no later than twenty (20) days after each event. Delinquent
payments shall bear interest at the highest lawful rate of interest until paid. Also, catering
privileges will be suspended until the account has been made current.
(b) Caterer shall maintain accurate and complete books, records, and receipts for all food,
beverages, goods and services provided by Caterer under this Agreement. Caterer shall maintain
those records for not less than two (2) years following the date they were created. The IAC shall
Catering Agreement Page 1
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have the right to inspect, copy, and audit Caterer’s books, records, and receipts relative to this
Agreement at any reasonable time during the term of this Agreement, and Caterer shall make
such records available to the IAC. In the event of a deficiency, Caterer shall be responsible for
the cost of an audit and shall pay the amount of any deficiency in full within ten (10) days after
receipt of notice of the deficiency. Caterer may review and copy the audit report.
4. USE OF FACILITIES; HEALTH PERMITS; AND COMPLIANCE WITH OPERATING

RULES: (a) Caterer acknowledges that its use of the kitchen in the Facility is for final assembly
only and not for complete preparation of meals. Caterer shall not use the kitchen in the Facility
or equipment for purposes other than those directly related to the event that Caterer is then
serving. Caterer shall not use supplies, small wares or other IAC-owned products at the Facility
unless prior arrangements have been expressly made with the IAC supervisor. Requests for
special arrangements (for example, use of equipment, delivery and pick-up, and storage of rental
and caterer’s equipment, special move-in times, etc.) must be submitted in writing by the Caterer
no later than three (3) days prior to the event.
(b) Kitchen facilities will be inspected by an IAC representative prior to use by Caterer and then
again at the conclusion of the event. A representative of Caterer shall be present during pre-
inspection and closing inspection. Both parties shall sign inspection check lists following each
of the inspections. Caterer hereby covenants and agrees to reimburse the IAC for breakage,
damage, misuse or loss of equipment determined to have occurred during the Caterer’s period of use.
(c) The Caterer shall not make any improvements, additions or alterations to the Facility of any
nature without the prior written consent of the IAC Executive Director. No signs, posters or
advertising materials shall be placed within the Facility nor shall Caterer otherwise solicit
business within the Facility without the written consent of the IAC Executive Director.
(d) Unless the IAC is a party to the contract for catering services, the IAC shall not be liable for
any default under any agreement between the Caterer and any User of the Facility in any nature
whatsoever. The IAC will not attempt to resolve disputes between Caterer and a User of the
Facility.
(e) All food and beverage service shall be conducted in strict compliance with the Code of
Ordinances of the City of Irving, other applicable law, and all permit requirements of the City of
Irving Code Enforcement Department – Health Division.
(f) Caterer shall comply with the Food and Beverage Operating Rules governing the use and
operation of the IAC, attached hereto as Exhibit “A”. The operating rules may be changed from
time-to-time without prior notice to Caterer provided that the IAC shall give a copy of the
amended rules to Caterer as soon as practicable.
(g) Caterer shall comply with the Irving Arts Center Operational Policies and the Irving Arts
Center Procedural Manual and the same are hereby incorporated into this agreement by
reference. Caterer hereby acknowledges receipt of a copy of the Irving Arts Center Operational
Policies. (Available to download at www.irvingartscenter.com under Facility Rental). Failure to
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do so may affect Caterer’s current and future catering at the Facility, including cessation of the
Event until such violation is remedied.
(h) The Caterer shall remove from the Facility all property, goods and effects belonging to the
Caterer or caused by the Caterer to be brought upon the Facility. If any such property is not
removed, the IAC shall have the right to sell the same in a manner as prescribed by the City of
Irving excess property disposal process. Upon the expiration of day of the event, the Caterer
automatically forfeits all claims to either the property or proceeds thereof. The Assistant
Director for Operations and External Programs also has the right to dispose of, store or arrange
for such property to be stored, for which the Caterer will pay a reasonable fee and all expenses
occurred therefore.
5. INSURANCE; INDEMNITY: (a) Caterer shall purchase and maintain in full force and effect
during the term of this Agreement (including any renewal of this Agreement), at Caterer’s sole
expense, the types and amounts of insurance coverage listed below, together with the coverage
provisions and endorsements as indicated:
(1) Worker’s Compensation Insurance:
(A) Workers’ compensation coverage shall be maintained for not less

than the Texas statutory limits.
(B) Employers’ Liability Insurance shall be maintained with minimum

limits of not less than $250,000 per occurrence and $500,000 aggregate.
(C) The policy shall contain a waiver of subrogation in favor of the

City of Irving-Irving Arts Center.
(2) Commercial General (Public) Liability Insurance: shall include coverage for
Premises/Operations, Products/Completed Operations, Independent Contractors, Personal Injury
and Contractual Liability insuring the indemnity provision contained in this Agreement.
(A) Combined limit of $1,000,000 per occurrence for bodily injury and
property damage.
(B) Annual aggregate limit of $2,000,000.
(C) The City of Irving-Irving Arts Center shall be listed as an

additional insured.
(3) Business Commercial Automobile Liability Insurance: shall include coverage for
owned/leased vehicles, non-owned vehicles, and hired vehicles.
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(A) Bodily injury limit of $250,000 per person and $500,000 per
occurrence.
(B) Property damage limit of $100,000 per occurrence.
(C) The City of Irving-Irving Arts Center shall be listed as an

additional insured.
(4) Commercial Crime Insurance: shall include coverage for employee dishonesty,
forgery or alteration, and theft, disappearance and destruction.
(A) Coverage shall be on a blanket basis.
(B) Limits shall be equal to $100,000 per occurrence.
(5) Liquor Liability Insurance shall be required for activities involving the sale and
consumption of alcoholic beverages. Limit shall be no less than one million dollars
($1,000,000.00) for each occurrence.
The issuer of any policy shall have a certificate of authority to transact insurance business in the
State of Texas, or have a Best's rating of at least B+ and a Best's Financial Size Category of
Class IV or better, according to the most current edition of Best's Key Rating Guide,
Property/Casualty - United States.
The insurance certificate should be addressed and sent to the following:
Irving Arts Center

3333 N. MacArthur Blvd. Ste. 300
Irving, TX 75062
All policies shall require not less than thirty (30) days written notice to the IAC of cancellation,
non-renewal or material change. Caterer shall provide the IAC with certificates of insurance
evidencing the required insurance coverage and shall thereafter provide the IAC with certificates
of current coverage upon the expiration or renewal of any insurance coverage. Upon a renewal
of this Agreement, the IAC reserves the right to amend the foregoing insurance requirements or
to require additional coverage and amounts as may be reasonably determined necessary by the
IAC.
(b) CATERER UNDERSTANDS THAT ALL WORK DONE BY CATERER, ITS

OFFICERS, AGENTS, EMPLOYEES, INVITEES, VOLUNTEERS, OR OTHER
PERSONS AT THE FACILITY IS DONE AT CATERER’S OWN RISK. CATERER
SHALL AND HEREBY DOES AGREE TO INDEMNIFY AND HOLD HARMLESS THE
CITY OF IRVING AND THE IAC, INCLUDING ANY OF ITS OFFICERS, AGENTS OR
EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY
KIND, WHATSOEVER, BY REASON OF INJURY TO PROPERTY OR PERSONS
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OCCASIONED BY ANY ERROR, OMISSION OR ACT OF CATERER, ITS
OFFICERS, AGENTS, EMPLOYEES, INVITEES, VOLUNTEERS, OR OTHER
PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE
PERFORMANCE OF THIS AGREEMENT, AND CATERER WILL AT ITS COST AND
EXPENSE DEFEND AND PROTECT THE CITY OF IRVING AND THE IAC,
INCLUDING ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES AGAINST ANY
AND ALL SUCH CLAIMS AND DEMANDS. CATERER FURTHER AGREES TO
INDEMNIFY THE CITY OF IRVING AND THE IAC, INCLUDING ANY OF ITS
OFFICERS, AGENTS OR EMPLOYEES FOR ANY AND ALL INJURY AND/OR
DAMAGE TO ITS STAFF AND/OR FACILITY BY CATERER, ITS OFFICERS,
EMPLOYEES, INVITEES, PATRONS, VISITORS, VOLUNTEERS, OR ANY OTHER
PERSON INJURING OR DAMAGING THE IAC’S STAFF OR FACILITY AS A
CONSEQUENCE OF CATERER’S USE OF THE FACILITY. FURTHER, CATERER
HEREBY INDEMNIFIES AND AGREES TO PROTECT, HOLD AND SAVE THE CITY
OF IRVING AND THE IAC, INCLUDING ANY OF ITS OFFICERS, AGENTS OR
EMPLOYEES HARMLESS FROM AND AGAINST ALL CLAIMS, AND ALL COSTS,
EXPENSES REASONABLE ATTORNEY FEES, CLAIMS, SUITS, LOSSES OR
LIABILITY FOR INJURIES TO PROPERTY, INJURIES TO PERSONS (INCLUDING
CATERER, ITS OFFICERS, EMPLOYEES, INVITEES, PATRONS, VISITORS, OR
VOLUNTEERS), INCLUDING DEATH, AND FROM ANY OTHER COSTS,
EXPENSES, REASONABLE ATTORNEY FEES, CLAIMS, SUITS, LOSSES OR
LIABILITIES OF ANY AND EVERY NATURE WHATSOEVER ARISING IN ANY
MANNER, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH OR
IN THE COURSE OF OR INCIDENTAL TO, ANY OF CATERER'S WORK OR
OPERATIONS HEREUNDER OR IN CONNECTION HEREWITH, REGARDLESS OF
CAUSE OR OF THE SOLE, JOINT, COMPARATIVE OR CONCURRENT
NEGLIGENCE OR GROSS NEGLIGENCE OF THE CITY OF IRVING AND THE IAC,
INCLUDING ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES, INCLUDING
CLAIMS ARISING FROM OR IN ANY MANNER RELATING TO SERVICES
PERFORMED OR GOODS PROVIDED BY CATERER AND CLAIMS IN STRICT OR
PRODUCTS LIABILITY.
6. TERM; TERMINATION: (a) The term of this Agreement shall be for one (1) year from the
Effective Date (as defined below). Either party may terminate this Agreement, at will and
without cause, by giving written notice of termination to the other party not less than 30 days
prior to the date of termination; provided that, if Caterer terminates this Agreement, Caterer shall
nonetheless honor all catering agreements for events booked by Caterer prior to the notice of
termination and this contract shall remain in full force and effect until 20 days after the last event
at Facility booked by Caterer. Notwithstanding anything else contained in this Agreement, in the
event Caterer breaches a material provision of this Agreement, IAC may terminate this
Agreement upon five (5) days written notice to Caterer.
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(b) Caterer acknowledges that it is extremely important to the IAC that all catering activities
conducted by Caterer strictly comply with all City of Irving ordinances, regulations, operating
rules, permit requirements, and other applicable laws. Nothing contained in this Agreement shall
limit the regulatory authority of the IAC to terminate the activities of Caterer for a violation of
any City of Irving ordinance, regulation, operating rules, permit requirement, or other law and
Caterer expressly agrees that any such violation shall entitle IAC to immediately terminate this
Agreement without notice.
7. NO ASSIGNMENT. Neither party shall have the right to assign that party's interest in this
Agreement without the prior written consent of the other party.
8. NOTICES. Any notice required or desired to be given from one party to the other party to
this Agreement shall be in writing and shall be given and shall be deemed to have been served
and received (whether actually received or not) if (i) delivered in person to the address set forth
below; (ii) deposited in an official depository under the regular care and custody of the United
States Postal Service located within the confines of the United States of America and sent by
certified mail, return receipt requested, and addressed to such party at the address hereinafter
specified; or (iii) delivered to such party by courier receipted delivery. Either party may
designate another address within the confines of the continental United States of America for
notice, but until written notice of such change is actually received by the other party, the last
address of such party designated for notice shall remain such party's address for notice.
9. SEVERABILITY. If any term or provision of this Agreement is held to be illegal, invalid or

unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this
Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or
unenforceable term or provision, there shall be added automatically to this Agreement a legal,
valid or enforceable term or provision as similar as possible to the term or provision declared
illegal, invalid or unenforceable.
10. NO WAIVER. Either IAC or Caterer shall have the right to waive any requirement
contained in this Agreement, which is intended for the waiving party’s benefit, but, except as
otherwise provided herein, such waiver shall be effective only if in writing executed by the party
for whose benefit such requirement is intended. No waiver of any breach or violation of any
term of this Agreement shall be deemed or construed to constitute a waiver of any other breach
or violation, whether concurrent or subsequent, and whether of the same or of a different type of
breach or violation.
11. GOVERNING LAW, VENUE. This Agreement and all of the transactions contemplated
herein shall be governed by and construed in accordance with the laws of the State of Texas.
The provisions and obligations of this Agreement are performable in Dallas County, Texas and
exclusive venue for any action arising out of this Agreement shall be in Dallas County, Texas.
12. PARAGRAPH HEADINGS; CONSTRUCTION. The paragraph headings contained in this

Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of
the various and several paragraphs hereof. Both parties have participated in the negotiation and
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preparation of this Agreement and this Agreement shall not be construed either more or less
strongly against or for either party.
13. BINDING EFFECT. Except as limited herein, the terms and provisions of this Agreement
shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,
devisees, personal and legal representatives, successors and assigns.
14. GENDER. Within this Agreement, words of any gender shall be held and construed to
include any other gender, and words in the singular number shall be held and construed to
include the plural, unless the context otherwise requires.
15. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of

which shall be deemed an original, and all of which shall constitute but one and the same
instrument.
16. EXHIBITS. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
17. ENTIRE AGREEMENT. It is understood and agreed that this Agreement contains the
entire agreement between the parties and supersedes any and all prior agreements, arrangements
or understandings between the parties relating to the subject matter. No oral understandings,
statements, promises or inducements contrary to the terms of this Agreement exist. This
Agreement cannot be changed or terminated orally and no written modification of this
Agreement shall be effective unless executed by both parties.
18. RELATIONSHIP OF PARTIES; NO THIRD-PARTY BENEFICIARIES. (a) Nothing

contained in this Agreement shall be deemed or construed by the parties hereto or by any third
party to create the relationship of principal and agent or of partnership, joint venture, or
employment, it being expressly understood and agreed that no provision contained in this
Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship
between the parties other than the relationship of independent parties contracting with each other
solely for the purpose of effecting the provisions of this Agreement. Neither party has the
authority to enter into contracts or to assume any obligation for the other, nor to make warranties
or representations on behalf of the other except in accordance with the express terms of this
Agreement or as otherwise authorized in writing by the other. Except for the provisions of this
Agreement relating to the indemnification of employees, agents and representatives of the IAC,
there are no third-party beneficiaries to this Agreement and no third-party beneficiaries are
intended by implication or otherwise.
(b) While engaged in carrying out and complying with the terms and conditions of this
Agreement, Caterer is and shall be an independent contractor and shall not, with respect to its
acts or omissions, be deemed an officer, employee, agent or representative of the IAC. Caterer
shall not in any manner represent that Caterer is an officer, employee, agent or representative of
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the IAC. Caterer is and shall remain an independent contractor with full, complete, and
exclusive power and authority to direct, supervise, and control its employees, agents, and
independent contractors, and to determine the method, manner and means of performing its
obligations under this Agreement. The fact that IAC has the right to observe Caterer’s work or
to exercise other prerogatives under this Agreement or by its regulatory authority is not intended
to and shall not affect the status of Caterer as an independent contractor.
19. FORCE MAJEURE. Notwithstanding anything in this Agreement which is or may appear
to be to the contrary, if the performance of any covenant or obligation to be performed hereunder
by any party (other than the payment of money) is delayed or prevented as a result of
circumstances that are beyond the reasonable control of such party (which circumstances may
include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or
other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration
and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor
action, strikes or similar acts, moratoriums or regulations or actions by governmental
authorities), the time for such performance shall be extended by the amount of time of such
delay, but no longer than the amount of time reasonably occasioned by the delay.
EXECUTED on the dates indicated below but deemed to be effective as of the _____ day of
__________, 201_ (the “Effective Date”).
CITY OF IRVING CATERER:

THROUGH IRVING ARTS CENTER:
By:__________________________ By:_________________________
Name:________________________ Name:_______________________
Title:_________________________ Title:______________________
Date:_________________________ Date:_______________________
ADDRESS FOR NOTICE:
CITY CATERER
Irving Arts Center _____________________________
c/o Assistant Director of Operations _____________________________
& External Programs _____________________________
3333 N. MacArthur Blvd., Suite 300 _____________________________
Irving, TX 75062 _____________________________
Telephone: 972-252-7558 Telephone:____________________
FAX: 972-570-4962 FAX:________________________
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Attachment A
FOOD AND BEVERAGE RULES
Irving Arts Center
CATERERS OPERATING AT THE FACILITY SHALL ABIDE BY THE FOLLOWING

RULES, EACH OF WHICH SHALL APPLY WITHOUT EXCEPTION UNLESS
EXPRESSLY WAIVED BY THE IAC ASSISTANT DIRECTOR OF OPERATIONS AND
EXTERNAL PROGRAMS:
(1) Clean-Up. Caterers shall:
(a) Clean and sanitize all areas of the kitchen used by the Caterer in the preparation
and service of food and beverages including, but not limited to, sinks, microwaves,
shelving and counters.
(b) Sweep and mop kitchen floors.
(c) Clean all tables and work areas after each use, and at the close of business.
(d) (Note: Trash receptacles are provided by the IAC). Remove and dispose of all
trash, waste and litter in and from the area(s) assigned or used by Caterer. During
an event, Caterers shall continually clean and keep assigned areas free of trash
and debris. Caterer shall empty and sanitize all garbage cans by removing and
securing plastic liners. All garbage will be removed from the building and placed
in the dumpsters located near the loading dock.
(e) Remove all serving equipment, food items and other equipment and items
furnished by Caterer at the conclusion of the event.
(f) Make sure icemakers, refrigerators and freezer doors are tightly secured.
(g) Turn off all appliances, except icemakers, refrigerators and freezers.
(h) Remove all of Caterer’s equipment, supplies, and materials.
(i) Ensure that no grease or other food items are poured into the sinks and
drains at the Facility.
(j) Keep all waste foods and Caterer supplies in closed containers until
removed from the Facility during and after each event. (The IAC staff will be
responsible for the removal of debris in areas not assigned or used by the Caterer).
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(k) Return all pallets, storage containers, linens and other equipment to the
Caterer’s suppliers at the conclusion of the event.
(2) Supplies and Equipment:
(a) Caterers shall furnish all table top items necessary to serve the meal function,
including but not limited to table linens, dishes, flatware, glasses, salt and pepper
shakers, napkins and condiments as required by contract with the User.
(b) All equipment rentals, supplies, and materials must come through the doors
designated by Center staff as a loading area and not through the front doors of the
theatre lobbies.
(c) Caterers shall not move any of the IAC’s equipment, furnishings or property.
(3) Operations:
(a) Catering personnel must be on premises throughout the catered event to insure quality
control, food safety, and clean-up after the event.
(b) Regular arrival time is one hour before the scheduled event start. If additional time is
needed, it must be approved at least two weeks in advance with the IAC Booking
Staff. Catering personnel will be allowed in the Facility only during the catered event
and for a reasonable time prior to and following events, and only for the purpose of
conducting catering operations. Catered events must conclude by no later than 11 p.m.
and client and caterer’s personnel and equipment must vacate the Arts Center by 12
midnight.
(c) Alcoholic beverages may not be sold or served at Public Events Monday through
Friday before 4 p.m.; alcoholic beverages may be sold or served at private events
Monday through Friday before 4 p.m. All alcoholic sales and service must cease at
11 p.m. Monday – Saturday and at 9 p.m. on Sunday.
(d) If ice chests or portable containers are used, they must be kept in the kitchen area.
(e) No open flames or grills are allowed inside the Facility. (sternos are acceptable if
disposed of according to applicable code following use)
(f) Caterers shall employ the necessary skilled personnel before, during and after each
event as needed to provide necessary services including, but not limited to, set up and
dismantling of any equipment and furnishings necessary to provide the catering
operations under the Caterer’s contract with the User.
(g) Caterers shall not park any vehicle at the Facility’s receiving dock or other theatre
facility entrances except for immediate loading and unloading.
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(h) The IAC reserves the right, for reasonable cause, to deny entry to, and to require the
removal of, any person employed by or under the direction of the Caterer.
(i) Chocolate fountains are not allowed in carpeted areas of the Arts Center.
(j) Caterers shall keep and maintain accurate records of the names and addresses of its
employees and contractors working at the Facility, including the date of employment
and the date of termination.
(j) Employees and contractors of the Caterer may be required, upon the IAC supervisor’s
request, to wear an identification badge to be furnished by the Caterer at the Caterer’s
expense.
(k) Due to the high level of interaction with Users and other patrons of the Facility,
Caterer’s supervisors must be able to speak and read the English language. All of
Caterer’s employees dealing with the public should be able to speak the English
language.
(l) All decorations must be approved by IAC staff on duty. Prohibited decorations
include, but are not limited to, straw, hay, rice, glitter, confetti, or sequins. Balloons
may not be filled with anything other than helium or air. At the conclusion of the
event, ALL balloons must be removed from premises
(m) Materials and decorations may not be attached to permanent fixtures such as doors,
windows, ceilings, windows & light fixtures. Decorations or materials may not be
nailed, stapled, glued, tapes or otherwise attached to any part of the premises without
approval of the on duty Front of House Supervisor. All decorative materials must be
flameproof. All candles must be enclosed in glass or fireproof container with flame
height exceeded by a minimum of 5”. Pillar and votive candles only. No tapered
candles allowed. Crepe paper must be water soluble.
(n) Throwing of rice, confetti, sawdust, birdseed, popper streamers is prohibited anywhere
on the Arts Center premises. Fireworks of any kind, including sparklers are illegal and
strictly prohibited. Use of a bubble machine is allowed only outside the Facility.
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AGENDA ITEM SUMMARY

Recommending Department: Police LSR No:
Resolution -- Approving Purchase Utilizing Grant Funds from Smiths

Detection for Haz-Mat Equipment for the Irving Fire Department through
General Services Administration (GSA) Program
2. This item has been recommended by Police.
3. Impact: The purchase of this specialized equipment enhances the City’s Haz-Mat
capabilities by providing the ability to detect various hazardous agents.
4. The City received a Metropolitan Medical Response System grant to enhance the
City’s Haz-Mat capabilities.
4. Funding in the net amount of $66,820.72 is available in the Metropolitan Medical
Response System Grant Fund.
Recommendation
Comments: Smiths Detection has a contract for these items with the General Services
Administration (GSA). The award for #252M-10F meets competitive bid requirements with the
State of Texas statutes, rules, policies, and procedures.
ATTACHMENTS:
Vendor Pricing (PDF)

2076-0491-56401-9159 Budget: $66,820.72 Actual: $66,820.72
P0187347
Prepared: 8/25/2010 02:54 PM by Marsha Hughes
Last Updated: 9/1/2010 01:56 PM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the award to Smiths Detection in the net
amount of $66,820.72 through the General Services Administration (GSA), for Haz-
Mat Equipment for the Irving Fire Department, and awards the contract to said
company in said amount, and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Vendor Pricing (3553 : 30P04 Haz-Mat Equipment)
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Attachment: Vendor Pricing (3553 : 30P04 Haz-Mat Equipment)
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AGENDA ITEM SUMMARY

Recommending Department: Fire LSR No: N/A
Resolution -- Approving the Single Source Purchase from Physio-Control,

Inc., for LifePak 15 Defibrillator Units
3. Impact: The City will continue to ensure that quality medical service is being
provided for Irving residents.
4. The Irving Fire Department’s extra ambulances are utilized by truck companies
when medical calls put a stress on our EMS system, better know as “Ambulance
Overloads”. The purchase of these monitors/defibrillator units will allow the extra
ambulances the capability to administer and monitor advanced life support when
responding to emergencies.
5. Funding in the net amount of $91,489.60 is available in the General Fund.
Recommendation
Comments: Purchasing assigned #253M-10F to this item for tracking purposes. Physio-
Control, Inc., is the only source in our area for the City to obtain the LifePak 15 family of
products, including upgrades and services.
ATTACHMENTS:
Sole Source Letter (PDF)
Vendor Pricing (PDF)

1001-0582-75301-300 Budget: $91,489.60 Actual: $91,489.60
P0187332
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the single source purchase from Physio-
Control, Inc., in the net amount of $91,489.60 for LifePak 15 Defibrillator Units, and
awards the contract to said company in said amount, and authorizes the Mayor to
execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Sole Source Letter (3562 : 30P05 Awd LifePak Defibrillators)
31.b
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Attachment: Vendor Pricing (3562 : 30P05 Awd LifePak Defibrillators)
31.b
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Attachment: Vendor Pricing (3562 : 30P05 Awd LifePak Defibrillators)
32
AGENDA ITEM SUMMARY

Recommending Department: Fire LSR No: 9934
Resolution -- Renewing Annual Agreement with The University of Texas

Southwestern Medical Center at Dallas for Continuing Education Services
for Emergency Medical Technicians (EMTs) and Paramedics
3. Impact: These services ensure that all Irving Fire Department EMTs and
paramedics have the training hours required to meet State Certification.
4. This renewal establishes the continuation of an annual contract to provide
continuing education hours and training as defined by the Biotel EMS System and
UT Southwestern Medical Program.
Recommendation
Previous Action: 2009-446 Council Action: Approved renewal
Comments: Purchasing has assigned #250M-10F for tracking purposes. The entire amount
is due within 90 days of invoice and will be paid in the 2010-11 fiscal year.
ATTACHMENTS:
RES Contract for Services (PDF)

1001-0582-56401-300 Budget: $97,541.00 Actual: $97,541.00
Purchase Order will be issued when Fiscal Year 2010-11 funds are appropriated.
Prepared: 8/19/2010 10:55 AM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with The University of
Texas Southwestern Medical Center at Dallas in the net amount of $97,541.00 for the
period of October 1, 2010, through September 30, 2011, subject to funds being
appropriated in Fiscal Year 2010-11, for Continuing Education Services for
Emergency Medical Technicians and Paramedics, and the Mayor is authorized to
execute the attached contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Contract for Services (3529 : 30P05 Continuing Education Services)
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AGENDA ITEM SUMMARY

Resolution -- Renewing an Interlocal Agreement with Dallas County Health

and Human Services for Control of Communicable Disease Services
3. Impact: Providing free preventive health services promotes a healthier lifestyle and
improved quality of life for Irving residents.
4. This renewal establishes the continuation of an annual contract to provide control of
communicable disease services. This contract includes services for tuberculosis
control, sexually transmitted diseases, laboratory tests, immunizations, and well-
baby exams.
5. As part of the contract, the City provides space at 440 N. Nursery Road for clinical
operations for this program, in which approximately 16,771 residents received
services in 2009. In addition to the amount awarded to Dallas County, the leased
space is valued at $22,912.50 annually and the actual utility cost for the previous 12
month period was $7,611.00.
Recommendation
Previous Action: RES 2009-445 Council Action: Approved renewal
Comments: Purchasing assigned #247M-10F for tracking purposes.
ATTACHMENTS:

1001-0512-56401-300 Budget: $81,906.00 Actual: $81,906.00
Purchase Order will be issued when Fiscal Year 2010-11 funds are appropriated.
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Last Updated: 9/3/2010 11:10 AM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Dallas County on
behalf of Dallas County Health and Human Services Department in the net amount of
$81,906.00 for the period of October 1, 2010, through September 30, 2011, for
Control of Communicable Disease Services, and the Mayor is authorized to execute
the attached contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Contract for Services (3532 : 30P05 Annual Awd Control of Communicable Disease)
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AGENDA ITEM SUMMARY

Resolution -- Renewing Annual Contract with The University of Texas

Southwestern Medical Center at Dallas for Medical Direction and Quality
Assurance Services for Emergency Medical Technicians (EMTs) and
Paramedics
3. Impact: By operating under the medical license and guidance of a qualified
physician, the paramedics of the Irving Fire Department can provide the highest
level of quality patient care for the community. The use of a quality assurance
program provides the necessary feedback to meet this important goal.
4. This award establishes an annual contract for the continuation of providing medical
direction and quality assurance services required for the Fire Department to comply
with Texas Department of Health EMS recertification rules. These services are for
all paramedics and EMTs authorized for clinical performance in the UT
Southwestern Medical Program and the BioTel EMS system.
5. Funding in the net amount of $5,293.14 for the period of October 1, 2010, through
September 30, 2011, is available in the General Fund.
Recommendation
Comments: Purchasing has assigned #248M-10F for tracking purposes. The entire amount
is due within 90 days of invoice and will be paid from Fiscal Year 2010-11.
ATTACHMENTS:

1001-0582-56401-300 Budget: $5,293.14 Actual: $5,293.14
Purchase Order will be issued when Fiscal Year 2010-11 funds are appropriated
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with The University of
Texas Southwestern Medical Center at Dallas in the net amount of $5,293.14 for the
period of October 1, 2010, through September 30, 2011, subject to funds being
appropriated in Fiscal Year 2010-11, for Medical Direction and Quality Assurance
Services for Emergency Medical Technicians and Paramedics, and the Mayor is
authorized to execute the attached contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Contract for Services (3535 : 30P05 Medical Direction and Quality Assurance)
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AGENDA ITEM SUMMARY

Recommending Department: Solid Waste Services LSR No: N/A
Resolution -- Renewing Annual Contract with Dyna Pak Corporation for

Polyethylene Refuse and Recycling Bags
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. This item has been recommended by Solid Waste Services.
3. Impact: Refuse and recycling bags provide residents with a convenient and
inexpensive way to dispose of household garbage and recyclables.
4. This renewal establishes the continuation of an annual contract to provide refuse
and recycling bags which are sold to City residents at cost plus sales tax for outdoor
pickup of refuse. There will be no additional cost to residents purchasing bags from
the City. The original contract was awarded on the basis of competitive bids.
2010, through September 30, 2011, is available in the Inventory Fund.
Recommendation
Comments: Service provided by the vendor is good, and pricing remains the same is
competitive. This is the second of two renewal options for #251M-10F in the total net
estimated amount of $166,350.00 for one year.

5413-1701 (Inventory) Budget: $0.00 Est. Award: $0.00
This contract period begins next fiscal year.
Purchase orders will be issued as needed for annual contracts.
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Dyna Pak
Corporation in the net estimated amount of $166,350.00 for the period of October 1,
2010, through September 30, 2011, subject to funds being appropriated in Fiscal Year
2010-11, for Polyethylene Refuse and Recycling Bags, 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).
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Recommending Department: Police LSR No:
Ordinance -- Amending Chapter 24 Entitled "Offenses - Miscellaneous" of

the Code of Civil and Criminal Ordinances of the City of Irving Adding
Article VIII. Illegal Smoking Products to Prohibit the Use, Purchase,
Possession, and Sale of Illegal Smoking Products Containing Certain
Plant, Plant Products or Derivatives, Chemical Compounds Applied to
Plants, and Plant Products and Their Derivative or Other Substances, and
Ingestion Devices Used in Connection with the Illegal Smoking Products
2. Impact: This ordinance will prohibit the sale, use and transfer of certain dangerous
compounds that are being sold for human consumption in the City of Irving.
3. Several substances created to mimic the effects of marijuana, which are not
otherwise prohibited, are being sold and possessed in the City of Irving.
4. This ordinance will identify these substances and prohibit the sale, possession or
transfer of these substances, in order to protect the public from adverse health
effects of these drugs.
Recommendation
• Contract Required: N/A • Review Completed By: N/A
• Previous Action: N/A • Council Action: N/A

NONE
Prepared: 8/20/2010 09:28 AM by Darlene Jenkins
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ORDINANCE NO. (ID # 3530)
AN ORDINANCE AMENDING CHAPTER 24 ENTITLED "OFFENSES—MISCELLANEOUS" OF

THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS;
ADDING ARTICLE VIII. ILLEGAL SMOKING PRODUCTS (COMPOSED OF SECTIONS 24-74
THROUGH 24-78); DEFINING TERMS; PROHIBITING THE USE, PURCHASE, POSSESSION,
AND SALE OF ILLEGAL SMOKING PRODUCTS CONTAINING CERTAIN PLANT, PLANT
PRODUCTS OR DERIVATIVES, CHEMICAL COMPOUNDS APPLIED TO PLANTS, AND
PLANT PRODUCTS AND THEIR DERIVATIVE OR OTHER SUBSTANCES, AND INGESTION
DEVICES USED IN CONNECTION WITH THE ILLEGAL SMOKING PRODUCTS; PROVIDING
AN AFFIRMATIVE DEFENSE FOR AUTHORIZED MEDICAL USE OR RELIGIOUS USE;
PROVIDING A PENALTY NOT TO EXCEED $2,000; AND PROVIDING FOR SAVINGS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Irving, Texas, has determined that certain
businesses within the City of Irving have been selling and persons may be using substances produced to
be synthetic cannabinoids and salvia divinorium for human ingestion; and
WHEREAS, these substances described above may be marketed as incense or herbal smoking
blends sold under various names, including, but not limited to: “K-2,” “Salvia Divinorum,” “Salvinorin
A,” “Spice,” “Genie,” “Dascents,” “Zohai,” “Sage,” “Spice Gold,” “Spice Diamond,” “Yucatan Fire,”
“Solar Flare,” “Pep Spice,” “Fire N' Ice,” and “KO Knock-Out 2”; and
WHEREAS, the substances described above are not yet categorized as illegal controlled
substances under state or federal law; and
WHEREAS, regardless of the substance’s street name, they share common ingredients of
synthetic cannabinoids or salvia divinorum; and
WHEREAS, the substances identified above manifest all of the demonstrated attributes of
substances that deprive individuals of judgment, coordination, and the ability to conduct themselves in
a safe and appropriate manner in modern society, and the effects of these substances are a health
concern to the citizens of the City of Irving; and
WHEREAS, among other resources, the United States Department of Drug Enforcement has
stated that these substances have been found to mimic the effect of THC (the active ingredient in
marijuana), and based on reports, has found some of these chemicals, when ingested, to be hundreds of
times more potent than THC; and
WHEREAS, the European Monitoring Centre for Drugs and Drug Addiction has found that
users may experience far more intense effects compared to smoking cannabis and may suffer from
intense anxiety, agitation, and even seizures or convulsions; and
WHEREAS, currently several U.S. states have regulated these substances, several countries
have regulated these substances, and several states have proposed legislation to restrict these
substances; and
-1-
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WHEREAS, it is anticipated that the Texas Legislature will consider appropriate regulation of
these substances in its upcoming legislative session, but that it is essential for the City of Irving to
impose some type of reasonable restriction on these products until a statewide regulatory system may
be properly implemented; and
WHEREAS, to protect the health, safety, welfare, and morals of the residents of the City of
Irving, the City is adopting a local ordinance to prohibit such substances and the ingestion devices used
in connection with the illegal smoking products;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That all matters stated hereinabove are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
SECTION 2. That Chapter 24 entitled “Offenses—Miscellaneous” of The Code of Civil and

Criminal Ordinances of the City of Irving, Texas, is amended by adding Article VIII. Illegal Smoking
Products to read as follows:
ARTICLE VIII. ILLEGAL SMOKING PRODUCTS
Sec. 24-74. Definitions.
In this article, the following terms shall have the following meanings:
Illegal smoking product. Any substance, whether described as tobacco, herbs, incense, spice, or
any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked,
which includes any one or more of the following chemicals:
(1) Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or
possessed as an extract, compound, manufacture, derivative, mixture, or preparation of such
plant;
(2) 2-[(1R, 3S)–3–hydroxycyclohexyl}–5–(2–methylocatan–2–yl) phenol (also known as CP 47,

497) and homologues;
(3) 1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(4) 1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(5) 1-pentyl-3-(4-methoxynaphtholy) indole (also known as JWH-081).
Ingestion device. Equipment, product, or material that is used or intended for use in ingesting,
inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen,
permanent screen, hashish head, or punctured metal bowl;
(2) A water pipe;
-2-
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(3) A carburetion tube or device;
(4) A smoking or carburetion mask;
(5) A chamber pipe;
(6) A carburetor pipe;
(7) An electric pipe;
(8) An air-driven pipe;
(9) A chillum;
(10) A bong; or
(11) An ice pipe or chiller.
Intent, intentionally, knowingly, or recklessly. These terms in this article have the definitions
prescribed by Section 6.03 of the Texas Penal Code and proof of a higher degree of culpability than that
charged constitutes proof of the culpability charged.
Person. An individual, corporation, partnership, wholesaler, retailer, or any licensed or unlicensed

business.
Sec. 24-75. Sale, offer, gift, display, or possession.
It shall be unlawful for any person recklessly to use, possess, purchase, barter, give, publicly
display, sell, or offer for sale any illegal smoking product.
Sec. 24-76. Use or possession of ingestion devices.
It shall be unlawful for any person to use or possess with intent to use an ingestion device to inject,
ingest, inhale, or otherwise introduce into the human body an illegal smoking product.
Sec. 24-77. Affirmative defenses.
It shall be an affirmative defense to a violation of this article that any act described in this article:
(1) Is under and pursuant to the direction or prescription of a licensed physician or dentist
authorized to direct or prescribe such act;
(2) Is a portion of a religious undertaking or activity of a religious denomination in which they

have long standing historic membership supported by documentation from clergy or a spiritual
leader recognized by the State of Texas if the person charged with a violation of this article
can provide proper and complete historic documentation of this; or
(3) Is in the possession of a governmental entity for law enforcement, educational, research, or
other similar purposes.
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Sec. 24-78. Criminal penalty; continuing violations.
(a) An offense under this article is punishable by a fine not to exceed $2,000.
(b) Each day any violation of any provision of this article continues shall constitute a separate
offense.
(c) The penalties provided for in this section are in addition to any other enforcement remedies
that the city may have under other city ordinances or state law.
SECTION 3. That save and except as amended by this ordinance, the provisions of Chapter 24
of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, shall remain in full force
and effect.
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.
SECTION 5. That this ordinance shall become effective from and after the date of its passage
as provided by the Charter of the City of Irving, and the caption hereof shall be published in the official
newspaper within the City and it is accordingly so ordained.
_______________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

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

Sewer Rates” of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates
2. Impact: Revenue projections under current rates are not sufficient to meet
debt coverage requirement goals. In order to provide for the operational
needs of the water and sewer system and meet commitments made to rating
agencies, staff recommends a 5.1% adjustment to both water and sewer
rates.
3. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
4. A fee of $2.25 is recommended to cover the cost of service for the providing
duplicate municipal services bill statements.
Recommendation
• Contract Required: N/A • Review Completed By:

NONE
Prepared: 8/24/2010 02:35 PM by Winnie Hunter
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AN ORDINANCE AMENDING CHAPTER 52 ENTITLED “WATER AND SEWER RATES” OF

THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS,
PROVIDING FOR NEW MONTHLY WATER AND SEWER RATES; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION 1. That Section 52-1 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
Sec. 52-1. Monthly water rates.
The following monthly rates are hereby established and shall be collected for water services
furnished through the facilities of the City of Irving:
(a) Monthly service charge.
The following monthly service charges, based on meter size, include the first 3,000 gallons of
consumption:
5/8” meter .........................................................................................................$ 8.82

3/4” meter ......................................................................................................... 8.82
1” meter............................................................................................................. 10.69
1 1/2" meter....................................................................................................... 15.00
2” meter............................................................................................................. 21.16
3” meter............................................................................................................. 34.07
4” meter............................................................................................................. 47.70
6” meter............................................................................................................. 83.43
8” meter............................................................................................................. 105.38
10” meter........................................................................................................... 153.17
12” meter........................................................................................................... 228.07
(b) Monthly usage charge.
(1) Residential water rates:
Next 7,000 gallons of water, per 1,000 gallons ...........................................$ 3.62

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

June—September consumption, per 1,000 gallons......................................... 4.31
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(2) Apartment water rates:

(3) Commercial water rates:

(4) Large industrial water rates:
All over 3,000 gallons of water, per 1,000 gallons........................................$ 3.40
(c) Customer receiving water at one (1) location through more than one (1) meter: If the city does
not have a single meter of sufficient size to meter the water volume of an apartment,
commercial or industrial customer and more than one (1) meter must be used to meter the water
quantity, the minimum water rate will be applied to one (1) of said multiple meters only.
Any customer receiving water service at one (1) location or complex through more than one (1)
meter will receive only one (1) twenty thousand (20,000) gallon allowance during the summer
period, June through September consumption, before the conservation rate is applied.
A large industrial customer is defined as a business which uses water in the production of a
product and has an average consumption of eight (8) million gallons per month or greater. If
the customer is receiving water service at one (1) location or complex through more than one
(1) meter the total of the meters will be used for the calculation of the monthly average and the
rate will apply to all meters serving the complex.
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Sec. 52-3. Monthly sewer rates.
The following monthly rates are hereby established and shall be collected for sewerage services
furnished by the City of Irving:
(a) Residential User Charge:1

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

The maximum bill shall not exceed $35.00 per month for single-family residential service
locations until a three-month average has been established as described in section 52-5.
(b) Commercial User Charge:1

Monthly service charge .................................................................................. $26.65
Over 10,000 gallons, per 1,000 gallons ........................................................... 2.93
(c) Industrial User Charge:2
Monthly service charge................................................................................... $39.99
Over 15,000 gallons, per 1,000 gallons ........................................................... 2.93
1
Sewer charges for each year shall be computed on the basis of the average monthly metered
water consumption for January, February, and March of each year as reflected in the bills
received by customers for the months of February, March, and April. Reading dates for these
periods being approximately January 16 through April 15 varying year to year as actual water
billing cycles occur.
The new consumption average shall become effective as to bills mailed after April 30 of each
year.
The chief financial officer or designee has the authority to make adjustments to customer's
water and sewer bills based upon an examination of facts.
2
Sewer user charge rates computed on the basis of monthly metered water sale.
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Sec. 52-5. Sewer user's charge for new residential and commercial customers.
Sewer user's charge for new residential and commercial customers shall be computed on eighty (80)
percent of the actual monthly metered water sales until the three (3) winter months' average meter sales
is determined, but if said computation is not reasonable according to the information available to the
chief financial officer or designee, said chief financial officer or designee may recompute said charge
using data compiled from other similarly situated type of customer.
Sec. 52-6. Sewer user's charge for customers not purchasing city water.
For each commercial or industrial unit to which sanitary sewerage service is furnished directly or
indirectly, and whose use of water is not purchased directly or indirectly from the city, the water
utilities director or designee shall determine if a water meter or meters will be installed. The meter
installation and maintenance shall be at the expense of the owner and shall be of the type approved by
the water utilities director or designee for the purpose of determining the proper volume of flow to be
used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy
when deemed necessary by said water utilities director or designee. Where it can be shown to the
satisfaction of said water utilities director or designee that a substantial portion of the water as
measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the city, then he
may require or permit the installation of additional meters at the owner's expense in such manner as to
measure the quantity of water actually entering the said sanitary sewerage system from the lot, parcel of
land, building, or premises of such owner or occupant.
If the water utilities director or designee determines a meter on a private well or other water source is
not practicable, sewer use charge will be determined by the water utilities director or designee based on
water used by similar establishments, or in any manner or method he may find practicable in order to
arrive at the percentage of water entering the sanitary sewerage system and/or the quality of the
sewerage to be used to determine the sewer service charge. The estimated water consumption shall be
applied to rates in effect.
For residents without city water service, an amount will be charged monthly based on a specific
volume applied to rates in effect. The specific volumes used in the calculation are as follows:
1 bedroom................................................................................................................................ 6,000
2 bedrooms .............................................................................................................................. 9,000
3 or more bedrooms.................................................................................................................12,000
Apartments, motels, and mobile home parks shall be charged the amount calculated for a two-
bedroom residence per unit per month.
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Sec. 52-7. Deposits.
(a) General rule.
(1) Commercial and multi-family accounts must provide the city with a security deposit before
receiving water service.
(2) Other accounts, including individual residential accounts, may be required to furnish a deposit
prior to receiving water service or to furnish a deposit with the payment of their first bill. If a
customer is permitted to send the security deposit with the first bill, the deposit must be
received by the due date of that bill or service may be immediately discontinued as of the due
date for that bill.
(3) Security deposits shall bear no interest and will be returned when the water service is
discontinued if all bills have been paid and all other obligations met.
(4) Security deposits may be set at two (2) times the average bill for city services, unless service
has been discontinued to a location for nonpayment.
(5) When service has been discontinued due to nonpayment, the new deposit, along with all
associated fees for disconnection and prior amounts due, must be received prior to the
restoration of service. A deposit for water service may be adjusted to four (4) times the
amount of the highest bill when service has been discontinued to that location due to
nonpayment.
(6) The minimum deposit for residential services shall be equal to two times the minimum charge
for city services. The minimum deposit for apartment, commercial, and industrial services
shall be equal to a two times the average bill or two times the minimum charge, whichever of
the two is greatest.
New multi-family service locations shall be assessed an additional forty-five dollars ($45.00)
for each dwelling unit.
(b) Exceptions to the requirement of a security deposit or refunds of security deposits for current
accounts. Accounts may be excused from the requirement of a security deposit, if the conditions set
out in the sections below are met.
(1) Exception to the requirement of a deposit for new customers over sixty-five (65) years of age.
New customers over sixty-five (65) years of age may be excused from the requirement of a
security deposit if they present evidence of their age, established credit (such as one credit
card or credit account) or that they have fully paid their account with another municipal water
utility or another utility company.
(2) Other accounts--Exception to the requirement of a deposit. This category does not include
multi-family master-metered accounts or hotels/motels. An account in this category may be
excused from the requirement of a security deposit if all of the conditions set out in one of the
sections below are met:
a. The customer is establishing an account and has had an account for similar service with
the City of Irving which has been active for a minimum of twelve (12) months and the
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account is current, the account has not been disconnected during the past twelve (12)
months, there have not been more than two (2) delinquent payments during the last twelve
(12) months, and there have not been any checks or electronic debits that were dishonored
by the customer's bank.
b. The customer has had a similar type account within the past three (3) years for a minimum
of twelve (12) months and their final bill was paid in full, i.e., there is nothing due on the
account, the service on the account was not disconnected for nonpayment during the last
twelve (12) months of service, there were no more than two (2) delinquent payments
during the last twelve (12) months of service, and no checks or electronic debits were
dishonored by the customer's bank.
c. The customer applies for and is approved to have monthly payments automatically
deducted from their banking account for a minimum of twelve (12) months.
(3) Refunds for current accounts. Single-family residential customers who have had their current
account with the City of Irving for a minimum of twelve (12) months and who have had no
more than two (2) delinquent payments (bill paid after due date), who have not had any
checks or electronic debits dishonored by the customer's bank and are not currently delinquent
shall be eligible to have their security deposit refunded by a credit applied to the utility bill no
later than December 31 of the yearly period in which the customer is entitled to refund.
Sec. 52-9. Inspections.
Any consumer shall have the right to demand that the meter through which water is being furnished
be examined and tested for accuracy. Such consumer shall make application in writing and with such
application shall agree to a fee of forty dollars ($40.00) to be added to the consumer's water bill. In the
event such inspection reveals said meter was registering inaccurately or was misread, said forty dollars
($40.00) shall be waived and adjustment made for the inaccurate reading.
Any consumer shall have the right to demand that the meter reading be checked for accuracy. In
the event such inspection reveals said meter was read correctly, a fee of seven dollars ($7.00) shall be
assessed.
Sec. 52-15. Payment agreements.
A customer may enter into a payment agreement with the city no more than two (2) times per
calendar year. This agreement provides for payment installments to be made against the customer's
account for up to three (3) months, unless otherwise authorized by the chief financial officer or
designee, and is subject to interest charges of 6 percent. If the customer fails to meet the terms of the
payment agreement, water service will be discontinued and will not be restored until the past due
amount plus other applicable charges are paid in full.
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Sec. 52-17. Assessment of miscellaneous account service fees.
A fee of $2.25 shall be assessed for each duplicate bill statement requested by customer.
SECTION 9. That the new rates and fees established by this ordinance shall take effect on
October 1, 2010, however, prior rates shall be effective for service to said date.
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
first reading on September 9, 2010.
________________________________
HERBERT A. GEARS
MAYOR
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
second and final reading on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
___________________________
Shanae Jennings
___________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Recommending Department: Intergovernmental Services LSR No: 11364
Ordinance -- First Reading - Approving an Agreement Between the Atmos

Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division
Regarding the Company’s Rate Review Mechanism Filing, Steel Pipeline
Replacement Program, and Continuation of the Rate Review Mechanism
2. Impact: Approval of the ordinance will implement a negotiated settlement with
Atmos Energy Corp.
3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a
settlement addressing the Company's third Rate Review Mechanism (RRM) filing.
4. After review of the ACSC settlement team, it was determined that the evidence
supported a $27 million increase over current rates, and not the $70.2 million
proposed by the Company.
5. The outcome of this settlement is equal to or better than the outcome expected from
a lengthy contested case proceeding, and maintains cities' role as a regulator of
natural gas rates.
6. Ordinance approval also includes an additional authorized $3.4 million for
replacement costs of steel pipelines throughout the Atmos service area.
7. The monthly bill impact for the average residential customer will be a $1.40
increase (about a 3.15% increase in the total bill).
8. Approval of the ordinance would continue the RRM process for another two years.
Recommendation
• Contract Required: No. • Review Completed By: Carrie Morris
• Previous Action: #2009-9111 • Council Action: Approved.
• .
•
ATTACHMENTS:
• Gas Memo (PDF)
• Ordinance Attachments(PDF)
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NONE
Prepared: 8/26/2010 10:14 AM by Kathryn Guerra
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, APPROVING A

NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND
ATMOS ENERGY CORP., MID-TEX DIVISION, REGARDING THE COMPANY’S THIRD RATE
REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION;
DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO
REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT
AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND
REASONABLE; APPROVING ATMOS MID-TEX’S PROOF OF REVENUES; EXTENDING THE
RATE REVIEW MECHANISM PROCESS FOR TWO CYCLES AND ADOPTING A NEW RATE
REVIEW MECHANISM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING
COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT PROGRAM; ADOPTING A
SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;
DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO
THE COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL.
WHEREAS, the City of Irving, Texas (“City”), is a gas utility customer of Atmos Energy Corp.,
Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the
rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC” or
“Steering Committee”), a coalition of approximately 148 similarly situated cities served by Atmos
Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting
rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as
“ACSC Cities”); and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007 Statement of
Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process controlled in a
three year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the
Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos
Mid-Tex resolving the Company’s 2007 rate case and authorizing the RRM tariff; and
WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities’

reasonable expenses associated with RRM applications; and
WHEREAS, on or about March 15, 2010, Atmos Mid-Tex filed with the City its third
application pursuant to the RRM tariff to increase natural gas base rates by approximately $70.2
million, such increase to be effective in every municipality that has adopted the RRM tariff within its
Mid-Tex Division; and
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WHEREAS, ACSC Cities coordinated its review of Atmos Mid-Tex’s RRM filing by
designating a Settlement Committee made up of ACSC representatives, assisted by ACSC attorneys
and consultants, to resolve issues identified by ACSC in the Company’s RRM filing; and
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WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be
changed; and
WHEREAS, independent analysis by ACSC’s rate expert concluded that Atmos Mid-Tex is
able to justify an increase over current rates of $21 million; and
WHEREAS, Atmos Mid-Tex has commenced a program to replace steel service lines based on
a relative leak repair risk analysis; and
WHEREAS, the Steering Committee has entered a Settlement Agreement (“Attachment C” to

this ordinance) with Atmos Mid-Tex to: (1) increase base rate revenues by $27 million; (2) extend the
RRM process, with modifications for an additional two cycles and to thereafter require the filing of a
system-wide Statement of Intent rate case on or before June 1, 2013; and (3) in the interim to allow
current recovery of incremental direct costs of the steel service line replacement program in rates set
via this ordinance and in future RRMs; and
WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants,
recommend that ACSC members approve the attached rate tariffs (“Attachment A” to this ordinance),
which will increase the Company’s revenue requirement by $27 million; and
WHEREAS, the attached tariffs implementing new rates and Atmos Mid-Tex’s Proof of
Revenues (“Attachment B” to this ordinance) are consistent with the negotiated resolution reached by
ACSC Cities and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that if the City determines any rates, revenues,
terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement
approved in any proceeding addressing the issues raised in the Company’s Third RRM filing would be
more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues,
terms and conditions, or benefits shall additionally accrue to the City; and
WHEREAS, the negotiated resolution of the Company’s RRM filing and the resulting rates are,
as a whole, in the public interest;

IRVING, TEXAS:
SECTION 1. That the findings set forth in this ordinance are hereby in all things approved.
SECTION 2. That the City Council finds the existing rates for natural gas service provided by
Atmos Mid-Tex are unreasonable and new tariffs and Atmos Mid-Tex’s Proof of Revenues, which are
attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby
adopted.
SECTION 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the
ACSC Cities in processing the Company’s rate application.
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SECTION 4. That the Settlement Agreement, attached as Attachment C, which includes in

addition to resolution of the Third RRM: (1) extension of a modified RRM process; (2) requirement
that Atmos Mid-Tex file a system-wide Statement of Intent rate case on or before June 1, 2013; and (3)
current recovery of incremental direct costs for a steel service line replacement program, is hereby
ratified.
SECTION 5. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this ordinance, it is hereby repealed.
SECTION 6. That the meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
SECTION 7. That if any one or more sections or clauses of this ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this ordinance and the remaining provisions of the ordinance shall be interpreted as if the
offending section or clause never existed.
SECTION 8. That if the City determines any rates, revenues, terms and conditions, or benefits
resulting from a Final Order or subsequent negotiated settlement approved in any proceeding
addressing the issues raised in the Company’s Third RRM filing would be more beneficial to the City
than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or
benefits shall additionally accrue to the City.
SECTION 9. That this ordinance shall become effective from and after its passage with rates
authorized by attached tariffs to be effective for bills rendered on or after October 1, 2010.
SECTION 10. That a copy of this ordinance shall be sent to Atmos Mid-Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway,
Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on first
reading on September 9, 2010.
________________________________
HERBERT A. GEARS
MAYOR
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE IRVING, TEXAS,
on second and final reading on September 23, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
______________________________
Shanae Jennings
______________________________
Charles R. Anderson
City Attorney
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38.a
To: Ramiro Lopez, Intergovernmental Services & Public Works Director
Attachment: Gas Memo (3561 : 30: Approving Atmos Rate Review Mechanism)
From: Jonathon Bazan, Intergovernmental Services Assistant Director
Date: August 23, 2010
Subject: Gas Rate Ordinance
The City, along with 148 other cities served by Atmos Energy Mid-Tex (Atmos), is a member of the Atmos
Cities Steering Committee (ACSC). On March 15, 2010, Atmos filed an application with the City to increase
natural gas rates pursuant to the Rate Review Mechanism (RRM) tariff approved by the City as part of the
settlement of the Atmos 2007 Statement of Intent to increase rates. This is the third RRM filing under the
three year program.
The Atmos Mid-Tex RRM filing sought a $70.2 million rate increase. The City worked with ACSC to analyze
the schedules and evidence offered by Atmos to support its request to increase rates. The ordinance and
attached rate and RRM tariffs are the result of negotiations between ACSC and the Atmos to resolve issues
raised by ACSC during the review and evaluation of ACSC’s RRM filing. The ordinance resolves the RRM
filing by authorizing an increase in Atmos' base rate of $27 million effective for bills rendered on or after
October 1, 2010. Additionally, the ordinance authorizes supplemental revenue of $3.4 million to be
recovered through the customer charge component of rates to cover direct costs associated with a steel
service line replacement program. The monthly bill impact for the average residential customer will be a
$1.40 increase (about a 3.15% increase in the total bill) The ACSC Executive Committee and ACSC's legal
counsel recommend that all ACSC Cities adopt the ordinance implementing the rate change.
RRM Background
The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos 2007
system-wide rate filing at the Railroad Commission. Atmos' current action represents the third filing
pursuant to the three-year trial project known as the RRM process. The RRM process was created
collaboratively by ACSC and Atmos as an alternative to the legislatively authorized GRIP surcharge process.
ACSC opposed GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review,
and did not allow participation by cities or recovery of cities’ rate case expenses.
The RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute
for GRIP filings during the three-year trial period specified by the tariff. There are two components to the
current RRM adjustment. The prospective component adjusts rates for known and measurable changes in
operations and maintenance expense and net plant investment. Atmos and ACSC agreed to cap changes to
expenses and invested capital at no more than five percent per year. The true-up component evaluates
whether Atmos has over or underrecovered its earnings for the previous year. For purposes of the RRM
true-up component, the Atmos rate of return on equity and its capital structure are frozen to avoid the
parent company from manipulating the overall rate of return.
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Purpose of the Ordinance

Rates cannot change and the Settlement Agreement with Atmos cannot be implemented without passage
of rate ordinances by cities. The purpose of the ordinance is to approve rate tariffs and Proof of Revenues
that reflect the negotiated rate change pursuant to the RRM process and to ratify a Settlement Agreement
recommended by the ACSC Settlement Committee and Executive Committee. As a result of the
negotiations, ACSC was able to reduce the requested $70.2 million RRM increase to $27 million. Approval
of the ordinance will result in the implementation of new rates that increase Atmos revenues effective
October 1, 2010. The Settlement Agreement to be ratified by the ordinance also authorizes an extension of
the RRM process, in modified form to eliminate the true-up component, for an additional two filings.
Additionally, the Settlement Agreement addresses the Atmos steel service line replacement program and
authorizes current cost recovery via an adder to residential and commercial customer charges.
Attachment: Gas Memo (3561 : 30: Approving Atmos Rate Review Mechanism)
Reasons Justifying Approval
During the time that the City has retained original jurisdiction in this case, consultants working on behalf of
ACSC cities have investigated the support for the requested rate increase. While the evidence does not
support the $70.2 million increase requested by the Company, ACSC consultants agree that the Company
can justify an increase in revenues of $21 million. The agreement on $27 million is a compromise between
the positions of the parties. The Settlement Agreement includes an allowance for recovery of direct costs,
excluding overheads, of the steel service line replacement program. Current year recovery factors shall be
$00.15 for residential customers and $00.41 for commercial customers per month. The rates will be
adjusted annually, but shall be capped at $00.44 cents for residential customers and $1.22 for commercial
customers. The alternative to a settlement of the RRM filing would be a contested case proceeding before
the Railroad Commission on the Company’s current application, would take several months and cost
ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable
than that to be produced by the settlement.
Steel Service Line Replacement

Under pressure from the Railroad Commission to establish a comprehensive program to replace service
lines that contain steel which is subject to corrosion and leaks, ACSC has worked with Atmos to establish a
risk based approach to steel service line replacement that accomplishes the following goals:
1. Replace all service lines with the highest degree of risk within two years;
2. Coordination to minimize disruption of rights of way without compromising safety;
3. To minimize and spread the rate impact on customers of the replacement program, the service
lines with little relative risk of leaks should be replaced over a 10-year period; and
4. Current recovery of incremental (above and beyond normal maintenance and repair addressed
in RRM proceedings) direct (excluding Atmos overheads) cost of service line replacement should be
permitted as an adder to customer charges.
Fulfillment of these goals in this case will lead to $00.15 and $00.41 added to residential and commercial
customer charges, respectively. The customer charge assessment may not exceed $00.44 and $1.22 for
residential and commercial customers, respectively, prior to the entry of a Final Order in the next system-
wide Statement of Intent rate proceeding. Pursuant to the Settlement Agreement, 100,000 steel service
lines will be replaced prior to September 30, 2012.
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Attachment: Ordinance Attachments (3561 : 30: Approving Atmos Rate Review Mechanism)
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39
AGENDA ITEM SUMMARY

Recommending Department: Planning & Inspections LSR No: N/A
Resolution -- Approving Special Sign Permit Case No. S1007-0074 to Allow

Two Digital Signs at 7660 N. MacArthur Boulevard - North Dallas Bank &
Trust Co., Applicant/Owner
2. Impact: This special sign permit would enhance the visibility of an established
business wishing to replace a pole sign with new signage due to the growth of trees
and other landscaping on the site.
3. North Dallas Bank & Trust Company is wishing to remove an existing pole sign at
the southern end of the property along North MacArthur Blvd. They seek approval
to install a digital sign at the southern entrance and an additional digital sign at the
corner of North MacArthur and Las Colinas Blvd.
4. The applicant is concerned that the bank’s ability to inform the community about
their goods and services will be challenged due to the growth of the existing trees
and other landscaping.
5. The proposed monument signs are 7 feet tall, with a 2.4’ X 11.2’ (26.88 sq. ft.)
electronic message sign, and will be set back approximately 8 feet from the
property line on North MacArthur Blvd. and 12 feet from the property line at North
MacArthur and Las Colinas Blvd. The sign cabinets will utilize an architecturally
finished aluminum cabinet painted to match the building. Overall, the cabinet’s
design complements the architecture of the main building.
6. The digital component meets all city requirements concerning brightness, frequency
of message change, and other issues. The digital component is a monochromatic
message board and does not display full color or video images.
7. The proposed digital signs and their locations do not create a traffic visibility issue
and will not adversely affect the surrounding properties.
8. The sign design review committee has reviewed this request and recommends
approval.
Recommendation
ATTACHMENTS:
A: RES "Exhibit A" Legal Description (PDF)
B: Res "Exhibit B" Proposed Signs (PDF)
Packet Pg. 312

39
C: Site Plan (PDF)

D: Letter from North Dallas Bank & Trust Co. (PDF)
E: Letter from Reynolds Sign (PDF)
F: Aerial Photo (PDF)
G: Special Sign Permit Application (PDF)

NONE
Prepared: 8/24/2010 11:22 AM by Sharon Brown
Packet Pg. 313

39
CITY OF IRVING
WHEREAS, the owner of the premises located at 7660 North MacArthur Boulevard has applied
for a special sign permit for on-premises signs with digital images in accordance with Section 7-3.1 of
Chapter 7 of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital images;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves a special sign permit as requested by Greg
Niemeyer, Applicant for North Dallas Bank & Trust Co., Owner, for the signs to be
constructed as shown on Exhibit B, attached hereto.
SECTION II. THAT use of the signs shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of this resolution.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it
is accordingly so ordered.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Page I of2
Attachment: A: RES "Exhibit A" Legal Description (3543 : 11 - APPR Special Sign Permit #S1007-0074)
SD_TAX.CERTIFIED_TAX_2009
[:::9=BJ=E=C=T=ID===========:11;::"'40-52-9-=----------,I
I=OC=A=:D====ID============11322777J OOCOO 10000
IACCOUNT_CATEGORY IILAND ACCOUNT
Il=,= = = = = = = = = = = = = = = : I I = c = = = = = = = =
~ECORO TYPE
IOWNER NAME II=N=OR=T=l:-=rD==A=L=L=A=S=B=A=N=K=&=TR=U=S=T==
IO=O=W=N=£=R=A=D=O=R=E=S=S=L=I.N=E=.=======llco
ro---WNER- ADDRESS-LIN E-2 II=PO=BO=X=67=9=00=J========:
j=O=WN=£=R=_A=n=o=R=£=S=S_==L=(N=£=_=3======IIDALLAs TX
- - - - - - - - -
li~o=w=N=£=R==_=A=D=D=RE=S=S==_==LI=N=£=_
4====== 1
IOWNER_ZIPCOOE 1[153679001
~=L=EG=A=L==L=IN=E=l ==========II=M=A=c=A=RT=HU=R=C=R=O=S=SIN=O====
f!.=E=.G=A=L=:L=I==NE===2=========="BLK C LT J ACS 1.155

It=E=G='A=L===LJ=NE==:3==========I,-- _
LECAL_LlNE_4 I
VOL95147/1984 DOO'::'-3195 CO
I=. = = = = = = = = = = = = = = = = i. DALLAS
ILEGAL LINE=S 112777JOOCOOIOO 1322777100C
IS=T=RE="=ET=_=N=UM====B=E=R========I~_
, II
Packet Pg. 315

http://srvch-gi sapp2/Ci ty MapApp. Web/PrintldentifyResults_Map .aspx?map=bitmap&feat... 7/28/201 0
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Print With Map Page 2 of2
ISTREET DIRECTION ItN I
ISTREET _NAME IIMACARTHUR

1
ISTREET SUFFIX IIBLVD I
ITOTAL LAND VALUE [11006340

I
!SPECIAL ASSESSMENT VALUE 110 I
ITOTAL fMPROVEMENT VALUE 11 77 5100

I
Attachment: A: RES "Exhibit A" Legal Description (3543 : 11 - APPR Special Sign Permit #S1007-0074)
ITOTAL MARKET VALUE 11 17 81440 I
ICITY TAXABLE VALUE 111781440 I
[SPTB CLASS COnE 1~10 I
ISHAPE ll40529 I
Disclaimer/Limitation ofLiability: All data, specifica/~v including the geographic data herein are I
!provided "as is" without warranty ofany kind, either expressed or implied, or statutory, including,
bllt not limited to, the implied warranties ofmerchantability andfitness for a particular I
Ipwpose. The user assumes the entire risk as to the quality and pelformance o/the data.
I
Packet Pg. 316

http;//srvch-gisapp2/CityMapApp. Web/Pri ot Identi fy ResuIts_Map.aspx?map=bi tmap&feat... 7/28/20 I0
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Attachment: B: Res "Exhibit B" Proposed Signs (3543 : 11 - APPR Special Sign Permit #S1007-0074)
CIIT OF IRHNG SIGN REQUIREMENTS
I. "1 I.·;.' 11..... I"
. M8ELLISHME~r _ 1.1 .x 6' , 7

ARE F
ABINET >,6T X '3' £ 301 SQUARE FE
EMe _ _ G.4165'X 11,16.67 - 269B SQUII..:E
14'-{l"OAL 68.1 SQUARE FECI
13'-0·
CABINEi
LDISPLAY
6'-0'
E
EMBELLlSi1MENT
11'-2"
EMC
FAB SHT N.UM tEC-OAA 'o'e.ANEt 3" 18"
Wi 080 FAC'i:S & Ii IV'lf)
I I
I\03ElIKJ52A:nO Im.LEII: ,I 'GS
LOCAJlGNI
ROUf'f· cin-STRI~dl'!l~'" & ~ WI
CASACR'rt 1lAY! 1!>.7. UWl
WI 112 BOOMAfi'Q MPS.
(1 i SiF A;.UM SIGr-I CABINET WI 2 I~· ALUM F.xB

FACE RETAINERS (FINISH G~Y T,M OTHER N.D 8,
PilOJECTSj 125 SHT AlUM SIGN FA:::E (PAINTED BLUEi
ROUT-OU r GRAPHICS & BACKUP WI ".... TANS· ,iIl'"
LUCENT PlEX HINGE FACES fOR S£RVICE
ICLUM, SIGN CII.BIN~T WI T',2 800MA HiO DAYUG T bAMPS
2' X 2> X 3/16" ANGI F fRAMING
18" ~r FAJ;l, ALUMNUM CAB' _ Wi ,063 A:..uM, FA".£S &
FIl.llR PThI. BUIUJL'IG COlOR L' BEiGE WI Mel. [),M1'EX
RIIlSH IN:tRNAL STRtX:ruRE INS 2' X 't X 3110' SlIB- A"IGLE
FRM1r-:G, COLC'l TO MArCH'll WING.
- - OPIEC OISPLAYS, 'I\C 2-L1~,~' CHARACTER HEIGHT ,6 PIXEL
fifGH X 9li PIXEL LONG «6X96) P,\"S;;N1ATIOI\ MATRIX USING
AMBER LE.O IlLCMINATlON,
12'-3"
ONCTRS, 4' X .217 PIPES SIDE VIEW
24' X 48' PIERS
. . .". CT~~EDIO U.l. SP~I'Ic.nQNS I

S1F ILLUMINATED MONUMENT SIGN ELEVATION
11) REQ'D
CUS TON ER A?P ROVAl

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® VL
f ,~KD '¥i'llU. BUR n~E l..l. LABEL
INSTALl-IN ACCORDAMC!5 WlTti tuilONAI,.
,LEC1RIC CODES
DATE REVISIONS DESIGN NUMBeR 100J14RJ

OATE' ADDRESS 7660 N. MACARTHUR BLVD
5f20J',G R2IGa Edit tll 01 MQnumen~ CITY-STATE IRVING, TX,
UI~OlO~O APPROVAl o'n,!I~ RJ/AS' Edi! CoID".11dt Copy DATE 4/30110
'1"3~~S tR'~·IN~~:'[,H'iSP.'l.. ~ t"l
S~S'PERSON JIM CHAPPEL
I;;;:'VIN G. TE };AS I.5C·}~[' f 1_
DA1' DESIGNER G, BRACKE SrlEEf. J OF 5
WWW.REYHOl06SIGN.COM
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CITY OF ~RVING SIGN REQ,JIREMENTS
4 J'C'f $..'(Illw. ~ Icl;J(t>'I· ."-1.1' ".mlll""

fr.:..:....... 1Jot .. lli(n ~Il ~I~ t"Vll11h,\f1If. . . .a.""",
TH MONUMENT ELEVATION SCALE 1'8' =~'-O'
""'II\I'~CTU.ED TO U.L. SPECIflCATIDOS

I
I® YL J~srAu ~ A.CCOROAHCE WITH ~At.ON"'l
"tt1D WIll BEAR THE'U,L..LAeEL
ELECrRIC CODES
OAT~ REV,ISIONS DESIGN NUMBER l00314R3

ADDRESS 7660 N. MACARTHUR BLVD.
'K '5.'20110 R2IG8 Edi: hI 0' Monument CITY. STATE IRVING, TX.
6.'281'0 R3IAS Edi~ Color ll'1d • Copy DATE 4/30/10
SALES PERSON JIM CHAPPEL
D~SrGNER G BRACKE , 1 OF ~
Packet Pg. 318

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CITY OF IRVING SIGN REQUlREMENTS
1--_~ ---:..14"",,'..()ol'.""::O~.A~.l::... ~~ 'fOTAl 611,7 SQUARE FEET
13',0'
CABINET
6',0'
EMBELLISHMENT
11'·2"
EMC
3" 16"
FAa. S!-i ALUM DECORATIVE PANEL
Wi .080 FACES &.f'IL'.ERS (FINISH AKZO
r-<03EL #352A3 TO IMTCH IlliLER S?R:-.!GS
I'
LXAT~.
R<XJTE-<XJT ~ & BACKl? WI
r.ASA::RYl. '{lAY '" 11<: U\I
WI Tt2 8OO'Y1I\ 1".'0 D,(f LAIPS.
( ; S!F AL~'loL SIGN CABINET Wl2 1.'4' ALUM. EXTR
FACE RETAINERS (FINI$HIGRAY .M OTHEIl ND.B.
PRO;ECTS) 125'SH1.AL'JM. SIGN FACE iPAINTED BLUE}
ROUT·OUT ::;RAPHICS & BACKUP '1\'1 WHITf TRANS·

~ LUCEN P.EX HINGe FAC"S FOR SERVICE
N
q ILL M SIGN CA31NET WI Tl2 800MA HIO DAYLIGHT LAM'S
;... 2' X2' X 31' 6' ANGLURAMING
b!4 18" DEtP OAA. ALUMNlI\1 CABINET Wi ®ALUM FACES &
::OlLER J'Th1 BUILDING COLOR LT BEIGE WI 11\8) .DI'NtEX
:::t Th/ISH INTERNAl s:RJCTJRE
FRl\MNG. COLOR TO MATCH BUF.DI'lG.
2" X Z" X 3116' STEEL AAlGE
OP-EC DlsoLAYS. INC. ?;-'" 9' CHARACTER ~IGH 6 'IXU

'? HIGH X96 PIXE LONG (16)(96] P ::SEMATION MATRIX USING
'" Aw.DER. L "r: '_ tlMINA IO:'l
MASONRY smuc :/'<;= TO WITCH BUI\.DING. ' DY OTHERS,
12'·3'
SIDE VIEW
ON eTRS 4_ 4" )(237 PIPES
",=._~.-,'-=-'~ 2G' X 48' PIERS
SIF IILLUMINATED MONUMENT SIGN ELEVATION SCALE li2" 0 '·0" .". ur'CTU~fC TO u.~. ~"CIfK:'TIONS
iI)REQ'D
® .. L
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~SEAR '!HE U.l. LASE ..
INSTALl lPtACCOROANCf: WfTH'NAlIOMA
ELEC~RIC ,COOES
DATE REVISIONS OESIGNINUM.BER 100314R3

ADORESS' 7660 N. MACARTHUR BLVD,
- 51201 0 R21G8 Edi! hI III Mo~umenl CITY, STATE IRVING, TX.
6/281 0 R3IAS. Edi: Color a"d • Copy DATE 4/30110
p ~r}iJr, 1~' • SALES PERSON JIM CHAPPEL
"RVING n.'CA.S '~C[.'l ':t/:-,Jo.w DESIGNER G. BRACKE SHff" 5 OF,5
WWW,REYHOLOSSIC",COIol
Packet Pg. 319

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CiTY OF IRVING SIGN RtQlJlJREMENTS
II' . I
EMBELLISHMENT I i 667' X6': 7 SQUAA ~

CABINET - 267" X 13' "34.71 SQ.LIJlE FEET
EMC 2.4165' X 11.1667'''
TOTAL .. 68.7 SQUARE FE
. SOUTH MONUMENT ELEVATION NTS
.. HU'ACTlJRED TO U.L SP£CIfICArl~S
® UL IN.STALL IN
elECTRIC
"CCO~OA"CE
AND Will BEAA THE U.LLABR
coon
WIT" t1i14'!IONAl
DATE REVISIONS DESIGN INUMBER 10DJ14R3

ADORESS 7660 N, MACARTHUR BLVD.
512011;) R7.IGB: Edit hI. of Monumenl CITY· STATE IRVING, TX.
1':128'1 j R3IAS: Edit Color and. Ccpy DATE 4130110
SALES PERSON JIM CHAPPEL
DESIGNER G. BRACKE SHEre if OF 5
Packet Pg. 320

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;.
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"
.... -~
Attachment: C: Site Plan (3543 : 11 - APPR Special Sign Permit #S1007-0074)

50
PO. e<Jx 17716~' h~ TX 75017·71as
NORTH DALLAS BANK
&TRUSTCO.
7660 N. MacArthur Blvd,

a.
Irving, Texas 75063
i
./
. Sign A: This display is localed at the north ard' "I the property al the approximate center lim' 01 Sign B: This display IS localed at Ihe SQutll entrance ro ,the property andl IS s~
!he co:-ner and IS set back from the property lin" ,,-pprox,mately 12' The display ;s sllualed prcperty line \ht:l re\1ulfed '8'. II presenl" no visual issues due to NIl' traffic 1Jt:,ng
parallel '0 the comer thereby eliminating any visual probl"lOs resulling f(Om westbound t",ffic on this d"vew~y meaning alllrnffic iiows left to right wilh no access to soulhbound tr
Las CO!I'~S Blvd.
The eXist":I~ ~1ft"S:;KIl:lnll~ pylon drsp@ywillteremovedfrom.\fieproperty.
Packet Pg. 321

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mNORTH DALLAS BANK & ]RUST CO.
June 28, 2010
Attachment: D: Letter from North Dallas Bank & Trust Co. (3543 : 11 - APPR Special Sign Permit #S1007-0074)
The City' of Irving Texas
825 West Irving Blvd.
Irving, Texas 75060
RE: APPLICATION FOR A SIGN VARIANCE OR SPECIAL SIGN PERMIT

North Dallas Bank & Trust Company
7660 North MacArthur Boulevard - Irving, Texas
To whom it may concem:
Over the past several years we have had lower traffic from non-customers in our banking
center on North MacArthur Blvd. One cd'the major issues for this is the growth afour
trees and other landscaping in and around our building. Trees 1hm were once dwarfed by
both the huilding and our pole sign n,JW compete for essenti<ll1y the same space, Our
current pole sign is not C\.'Cn viewable lor North bound traffic.
We reviewed several options - including, tree removal, sign relocation or different

signage - in our search to determine v·"haL would offer us a long term soJutlOn for
adequate vicwahle signage. In the end \ve decided on different signage.
We propose removing our current p'Jlc sign, placing a digitJI sign at the sOLlthcrn end of
our property along t\\1rth MacArthur and the other digital sign at the comer oft\\1rth
MacArthur and Las ColinJs Blvd. Both signs will be positi'Jflcd to allow significant
sight clearance for all traffic. With our banking center located in all the trees and
landscaping, digital signage will allow us the ability to inform our cl1rnmunity of our
goods and services.
The proposed variance does not viulate thc intent of Chapler 7 of the code, does not
Jdversely affect surrounding properties, and docs not create a public safety 1SSlle.
The signage option \\ie have chosen \vill provide the following benefits and
improvements to the community:
o Remove a large pole sign, lbl:rcby minimizing sign polltHton

o Continue to allow the 12 Irces La continuc to grow
o Utilize a lower profile monumenL sign
o Provide time and temperature to everyone
o Provide rele\'JIH community events to eOIllf11Umty participants
P.O. Box 67Q(1l~1

Packet Pg. 322
I,JhLcom n~llas, TX 75367-9i..~(!1 (972) ,1)7-1,00
39.d
OUf Irving location is a significant part of our overall business straLegy. Having custOTTlL'r
recognition of our place of business along with good fOOl Iramc will help us meet our
goals.
Thank you for considering our variance ilnd proposals.
Attachment: D: Letter from North Dallas Bank & Trust Co. (3543 : 11 - APPR Special Sign Permit #S1007-0074)
Regards,
/ Gregory E. Niemeyer
Executive Vice President
Cc: Reynolds Sign
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June 29, 2010
Application for Sign Variance and Special Sign Permit

North Dallas Bank & Trust Co.
7660 N. MacArthur Blvd.
Irving, Texas
Attachment: E: Letter from Reynolds Sign (3543 : 11 - APPR Special Sign Permit #S1007-0074)
The proposed displays (Sign A. and Sign B.) are both exactly alike in regards to dimensions,
colors, content, and electronic message center size and capability.
The electronic message center being used is a monochromatic unit with the capability of displaying
only one color - amber. It is a text only unit, meaning that it does not have the capability of
"entertaining" the viewer by presenting pictorials and/or graphics. It is the most basic of electronic
information systems designed to present words only, and in one color.
Sign A. is located on the corner of North MacArthur Blvd. and Las Colinas Blvd. directly in front of
the existing concrete slab with the flagpoles. At one time this was the location of the Bank's only
identification sign, shown on the enclosed engineering site plan. We proposed to locate this
display parallel to the corner as shown, thereby creating the smallest possible conflict with any
sight issues due to seeing only the end of the display which is only 18" in width. The sign
apparently will sit about 4' into the sight easement as outlined on the site plan. The display cannot
be moved back further due to the existing solid concrete slab without exceeding the allowable 7'
overall height requirement. We are asking for a variance to allow the display to be installed in this
location.
Sign B. is located at the south entrance to the property which can only be accessed by northbound
traffic on North MacArthur Blvd. This is a very critical sign location because the height and density
of the trees and other foliage along MacArthur almost completely "hide" the Bank building thereby
preventing passing motorists from knowing where the Bank is located. We propose to locate this
display on the corner island as shown on the engineering site ptan. The sign will apparently sit
inside a sight and utility easement. The Applicant will sign whatever documentation is required
with the utility(s) with the understanding that the display would have to be removed if any needed
utility repairs were necessary inside the easement area. This display would be located the
required 8' setback from the property line and therefore would not be a problem regarding sight
line, as all traffic comes from the opposite direction going north on MacArthur Blvd. There is no
access to southbound traffic from this entrance area. We are asking for a variance to allow the
display to be installed in this location.
Thank you for your consideration.
Sign Company Applicant & Property Owner
Jim Chappel Greg Niemeyer
Reynolds Sign North Dallas Bank & Trust Co.
P.O. Box 1nl85·lrving. Texas 75017-7185
Telephone: (972) 870-1594' Metro: (972) 953-0042· Fax: (972) 870·1598
www.reynoldssign.com
liCENSE NUMBER I80SS REGULATED BY THE TEXAS DEPARTMENT OF lICENSING & REGULATIONS.
PO BOX 12157, AUSTIN, TEXAS 71l7\I. BOO/B03-920:2. 512/483-6599: WEBSITE:
www,lIcense.state.tx,lJs!complalnls·
I)$-m
II 1 urllflll I
Packet Pg. 324
c@usumn
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Attachment: F: Aerial Photo (3543 : 11 - APPR Special Sign Permit #S1007-0074)

Packet Pg. 325
http://srvch-gisapp2/CityMapApp.. Web/irvingmap.aspx 8/5/2010
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~ Sign Variance and Special Sign Permit Application

City of Irving Planning and Inspections Deportment
Y
I ~ ~ ~ ~ -~-e-':-.j~-~-A-:-:'-:~-',-a~-~-ol-:'-:-~;-:-"-'-',-,-"-oc-"-,-"-jo-,-m-"-"-i'-"'-iJ-s-p-e-c'-Ia-1S-i-g-,-p-e-rm-it-iD-i,-,,-,,-s'-"'-'-~-B-o-t-h
Attachment: G: Special Sign Permit Application (3543 : 11 - APPR Special Sign Permit #S1007-0074)
APPLICANT (Business)
DESIGNATED PRIMARY CONTACT Contact Name:
(select ONE): Business Name:
o Applicant Address:
o lJoperty Owner Phone • 5!J Fa
rirSign Company Email:
SIGN~PANY ZJ
Co,t", Name, JIM ~ = _
~~'''Busi,ess Name, GG)1lOLI:'lS 6J61'l
AddreJL~% 5. jgVIN(t.wP~re>
~.
Phoo~7tl·fm.a>('@)~-~
Email: ., n.
Signature'
PROPERTY LOCATION NqZ1H J?Al-~ e;,AfJl< ~ -n:zU&T ~.
Address, 7@:i:iQ N.rv!acAt?Tf1US. J2l-VI7.,21f~V(N<:>I J2C. 7506a
location on building (if applicable): _-J:~~O<.""'''''' _

Su~ittal Checklist: Sign Variance Submittal Checklist; Special Sign Permit
IB' Scaled drawing of the sil:ln face and sil:ln structure I'B"""Scaled drawinl:l of the sign face and sil:ln structure
or building elevation, alonl:l with any landscapinl:l or buildinl:l elevation, alonl:l with any landscaping
to be at the base of the sil:ln or other architecturi'll to be at the base of the sign or other architectural
enhancements /f'Ihancements.
I!J" Scaled site plan showing the location of the sign on I!f Scaled site plan showing the location of the sign on
the property .the property
m"".,...signed statement (attached) g/ Letter Slating the reasons/justification for the spe
!if Letter stating how the proposed variance cial sign permit, including:
1. Does not violate the intent of Chapter 7 1. A statement as to why a digital sign is
.2. Does not adversely affect surrounding needed
properties 2. A statement explaining how the digital
3. Does not adversely affect public safety sign is an enhancement over a non-digital
4. Is necessary due to special conditions / sign to the rest of the community.
unique to this applicant or property iiJ The statements on the attached page shall be in
~ Specify the exact nature of the variance: cluded on the sil:ln drawing, or explain in a letter
IN5174lJ. 1:01.6tlf> IN ~eMwr why such statements have not been included on
~: ~&':P H77~/~t/A~ q= the plan.
6~".vpSGV f0?:'7'A ~M&<JT:'
tv)&/G;U4?Vga;;, I$> #ZJ~.P, FOR OFFICE USE ONL.Y:
ri( Specify the portion of Chapter 7 (Signs) for which a PermitTrak ID: ~t 007 - 007'1
variance is being requested: J>b
Appli"tio' Fe, "7C:-I)
(~),a.
Date, 7, ¥- ',,,
Rev,Packet Pg.
04,27.2010 326
For questions, please contoct Jason Russell at (972) 721-4897.
39.g
•
Sign Variance:
The following shall be signed by the APPLICANT:
I, (i '<'tI',! {:. ~l""""'fe; , understand that a variance to the height, area,

setback, and/dr material regulations as provided in Chapter 7 of the City of Irving Land Devel
opment Code shall not be granted to relieve a self-created Or personal hardship, nor shall it be
Attachment: G: Special Sign Permit Application (3543 : 11 - APPR Special Sign Permit #S1007-0074)
based solely on economic gain or loss.
Signat~~L:::4c===-=-_ _ Dateo ----""+/-,=2--'--7'-;71-/.L1,,=-- _
Special Sign Permit (Digital Signs):

Place the following notes on the sign drawing submitted with this application. If the applicant does not agree
to any of the following stipulations, explain in the letter submitted with this application why any of the follow
ing statements have not been included on the plan:
1. Per Section 7-3.1(b)(2), the sign:

A. Shall not display any illumination by flashing, intermittent or moving lights;
B. Shall not contain or display animated, moving video or scrolling elements;
C. Shall not project a static image upon a stationary object.
2. Per Section 7-3.1(b)(3), the digital sign face shall be visible from only one direction of traffic.
3. Per Section 7-3.1(b)(4), the sign:

A. Shall display each message a minimum of 8 seconds;
B. Shall accomplish a change of message within a maximum of 2 seconds.
3. Per Section 7-3.1(b){S), a change of message must occur simultaneously on the entire sign face.
4. Per Section 7-3.1(b)(6), the sign shall contain a default design mechanism that freezes the sign in
one position if a malfunction occurs.
5. Per Section 7-3.1(b)(7l, the sign shall automatically adjust the intensity of its display brightness
according to natural ambient light conditions.
For questions, please contact Jasan Russell at (972) 721-4897. Rev. 04,27,2010
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AGENDA ITEM SUMMARY

Recommending Department: Planning & Inspections LSR No: N/A
Ordinance -- Zoning Case #ZC10-0030 - Granting S-P-2 (Generalized Site

Plan) for R-7.5 (Single Family) District Uses - Approximately 1.644 Acres
Located at 1412 East Union Bower Road - JDJR Engineers and
Consultants, Inc., Applicant - Carole Bogart, Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
August 2, 2010 - Favorable 5-2 with the stipulation that the site plan be corrected
per the staff recommendation (Commissioners Allen and Fischer, nay;
Commissioners Palmer and LaRose, absent).
3. The applicant is requesting to rezone the property to redevelop the site with six (6)
new single family homes.
4. The Comprehensive Plan recommends Low Density Residential uses for this
property. This request is in conformance it the Comprehensive Plan.
5. The property is currently developed with a single family home. The applicant is
6. This property is currently zoned R-7.5 which would typically allow 7500 sq. ft. lots.
Prior to last year, this property could have been platted as proposed by the
applicant without the need for a public hearing. However, in September 2009 the
City Council approved the “neighborhood protection ordinance,” an amendment to
the Subdivision Ordinance that requires rezoning whenever a plat or replat for
single family uses proposes to create lots that are less than 80% of the area of the
adjacent developed lots or tracts. This provides an opportunity for neighborhood
input and City Council discretion when these infill development opportunities occur.
7. The applicant is proposing lot sizes ranging from 9,084 square feet to 12,059
square feet, with an average lot size of 10,154 sq. ft. The surrounding lots and
tracts range from 9,900 to 38,715 square feet. Since the average proposed lot size
is less than 80% of the average lot size of the existing adjacent lots as defined by
the ordinance, rezoning is required prior to platting the property.
8. The notes on the site plan require the following standards:
• The minimum house size shall be 2,200 square feet, which is consistent with the
average home size of the surrounding lots;
• Exterior facades, excluding windows and doors, shall be a minimum of 80%
masonry;
• A minimum two (2) car garage with a minimum of 400 square feet will be
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40
• Minimum roof pitch shall be 5:12; and
each lot. Should there be an existing tree (4” caliper or larger) that remains in
9. Platting is required prior to development.

10. Since the proposed lot sizes are consistent with the sizes of the surrounding platted
lots, and the proposed minimum house size is consistent with the average size of
homes in the surrounding area, staff can support this request.
11. The stipulation of the Commission has been met.
12. Public notices were sent to thirty-nine (39) property owners, with 11 letters and a
petition with 19 signatures in support, and 111 letters and 2 emails in opposition
received. The opposition represents 57.12% of the property within 200 feet. A ¾
vote of the City Council is required for this case to be approved.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
• Contract Required: N/A • Review Completed By: N/A
ATTACHMENTS:
• A: City Council Memo (PDF)
• B: August 2, 2010 Planning and Zoning Meeting Minutes (PDF)
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
• F: Site Plan (PDF)
• G: Public Comment Forms in Support (PDF)
• H: Letters in Support (PDF)
• I: Letter, Public Comment Forms and Petition in Support (PDF)
• J: Public Comment Forms in Opposition Set 1 (PDF)
• K: Public Comment Forms in Opposition Set 2 (PDF)
• L: Public Comment Forms in Opposition Set 3 (PDF)
• M: Public Comment Forms in Opposition Set 4 (PDF)
• N: Public Comment Forms in Opposition Set 5 (PDF)
• O: Public Comment Forms in Opposition Set 6 (PDF)
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• P: Public Comment Forms in Opposition Set 7 (PDF)

• Q: Public Comment Form in Opposition (PDF)
• R: Email in Opposition (PDF)
• S: Email in Opposition (PDF)
• T: Protest Analysis Map (PDF)

NONE
Prepared: 8/17/2010 01:58 PM by Sharon Brown
-3-
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ZONING CASE NO. ZC10-0030

ZONING CLASSIFICATION – S-P-2
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING

ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE S. P. MONTGOMERY
SURVEY, ABSTRACT NO. 889, AND LOCATED AT 1412 EAST UNION BOWER ROAD, MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A ATTACHED HERETO; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM R-7.5 SINGLE FAMILY DISTRICT USE
UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR
R-7.5 USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN
ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR SPECIAL
CONDITIONS AND REGULATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL
ZONING MAP ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE
WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE
DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES
OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A
PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
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WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as R-7.5 uses with a site plan attached will further lessen the congestion
in the streets; help secure safety from fire, panics, floods, and other dangers; promote health and
general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitate the adequate provisions of transportation, water, sewers, schools,
drainage and surface water, parks and other public requirements;

IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the property described in the attached Exhibit A which is presently zoned
R-7.5 Single Family District Use under Ordinance No. 1144, is changed to S-P-2 Site Plan District Use
for R-7.5 uses under Ordinance No. 1144, subject to all the requirements of Ordinance No. 1144 and
subject to all the requirements and conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
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(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
-4-
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40.a
City of Irving, Texas
City Council Agenda Item Summary
Zoning Case #ZC10-0030

1412 E. Union Bower Road
Agenda Date: September 9, 2010
Case Manager: Sheba Ward
Owner: Carole Bogart
Applicant: JDJR Engineers and Consultants, Inc.
Attachment: A: City Council Memo (3524 : 11 - ZC10-0030)

Location: 1412 E. Union Bower Road
Size: Approximately 1644 acres
Existing Zoning: R-7.5 (Single Family) District and S-P-1 (Detailed Site Plan) for
fence within front yard
Requested Zoning: S-P-2 (Generalized Site Plan) for R-7.5 (Single·Family) District
uses
Notices mailed: 39
Responses in favor: 11 plus petition with Responses opposed: 111 plus
19 signatures 1 email (50.08%)
y.. vote required? Yes
Case Summary
The applicant is requesting to rezone the property to redevelop the site with six (6) new
single family homes.
Staff Analysis
• The property is currently developed with a single family home. The applicant is
• This property is currently zoned R~ 7.5. The proposed subdivision of this tract meets
or exceeds the R-7.5 minimum requirements. Prior to last year, this property could
have been platted as proposed by the applicant without the need for a pubiic
hearing. However, in September 2009 the City Council approved the '''neighborhood
protection ordinance", an amendment to the Subdivision Ordinance that requires
rezoning whenever a plat or replat for single family uses proposes to create lots that
are less than 80% of the area of adjacent developed lots. This provides an
opportunity for neighborhood input and City Council discretion when these unique
intill development opportunities occur.
Department of Planning and Inspections Page 10f2

Packet Pg. 335
40.a
Zoning Case ZC1 0-0030. cont.
• The applicant is proposing lot sizes ranging from 9,084 square feet to 12,059 square
feet with an average area of 10,154 square feet. The surrounding lots and tracts
range between 9,900 to 38,715 square feet. Since the average proposed lot size is
less than 80% of the existing adjacent average lot size, rezoning is required prior to
platting the property.
• The site plan addresses seven stipulations from the Planning and Zoning
Commission's infill policy as follows:
• The minimum house size shall be 2,200 square feet, which is consistent with ther
average home sizes of the surrounding lots.
• Exterior wall surfaces, exclusive of doors and windows, shall be 80% masonry;
• A minimum of two (2) car garage with a minimum of 400 square feet will be
Attachment: A: City Council Memo (3524 : 11 - ZC10-0030)

• Minimum roof pitch shall be 5: 12; and
each lot. Should there be an existing tree (4" caliper or larger) that remains in
• All other requirements of the R-7.5 district will be met. Platting is required prior to
development.
Staff Recommendation
Approval.
Planning and Zoning Commission Recommendation

On August 2, 2010, the Planning and Zoning Commission recommended approval of
this request by a vote of 5-2 (Commissioners Palmer and LaRose, absent,
Commissioners Allen and Fischer, nay), subject to the site plan correctly showing in
Note NO.1 "R-7.5" instead of "R-6" and in Note No.5, changing "1,600" to "2,200"
square feet. The stipulation has been met
Packet Pg. 336

40.b
Packet Pg. 337

Attachment: B: August 2, 2010 Planning and Zoning Meeting Minutes (3524 : 11 - ZC10-0030)
40.b
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Packet Pg. 340

Attachment: C: Vicinity Map (3524 : 11 - ZC10-0030)
40.d
Packet Pg. 341

Attachment: D: Surrounding Zoning Map (3524 : 11 - ZC10-0030)
40.e
Packet Pg. 342

Attachment: E: Property Owner Notification Map and List (3524 : 11 - ZC10-0030)
40.e
Packet Pg. 343

40.e
Packet Pg. 344

40.f
Packet Pg. 345

Attachment: F: Site Plan (3524 : 11 - ZC10-0030)
40.g
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Attachment: G: Public Comment Forms in Support (3524 : 11 - ZC10-0030)
40.g
Packet Pg. 347

Attachment: G: Public Comment Forms in Support (3524 : 11 - ZC10-0030)
40.h
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Attachment: H: Letters in Support (3524 : 11 - ZC10-0030)
40.h
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40.i
Honorable mayor, Herbert Gears, and Irving city council.
Re: lzoning change #ZCI0-0030
Greetings.
My name is Robert Bogart. My wife, Carole and I have lived at 1501 Daywood Lane,
in Irving for twenty ye"",. My wife's parents Jived at 1413 Daywood Lane sinee 1964.
Attachment: I: Letter, Public Comment Forms and Petition in Support (3524 : 11 - ZC10-0030)
They are both deceased now, and our daughter and her family eurrently live there.
The property west of their house is 1412 E. Union Bower Rd and was purchased by my
wife's grandparents in the late 1950's. My wife and her sister inherited that property at
the passing of their mother in 2009.
The house on the property has become unlivable and the property is too large for us to
properly maintain. Therefore, they have decided to sell it. A developer has approached us
with a plan to improve the properly. Having consulted the city engineers and planners, it
has been determined that six houses could be built within the guidelines of the city. Each
of these houses would be a minimwn of 2200 sq ft, which is in keeping with the city's
requirement that the houses be compatible with the surrounding houses.
The city sent a notification to all residents within two hundred feet of the property for
input. Most of theses bouses range from 2100 sq ft to 2300 sq It. There are several within
the circle that are as small as 1504 sq ft, and several over 3000 sq ft.
Several of the new houses will be on lots as large as 10,000 sq. ft. None will be smaller
than 9000sq.ft., and one will be over 12,000,q.ft.
Drainage problems that have plagued the area for ye"", will be improved, with rain ron
off going to Union Bower Rd on the north and to the Daywood Lane extension to the
south, rather than through the yards of neighbors, as happens now. My house is three lots
east of this property and when it rains, I have seen as much as two inches of running
water in my back yard Wld often it stands Wider our house.
It is my belief that the addition of these new, large houses will enhance our
neighborhood, as well as raise the value of aD the surrounding properties.
Thank you for your time and consideration in this matter.
RECEIVED
SEP 0 1 2010
Copartmenl of
Planotav a•• InapI.llona
Packet Pg. 351

40.i
PUBUCCOMMENTFORM
(Pleas. type or use black ink)
Department of Planning and Inspections
PO Box 152288
Irving, Texas 75015-2288
" I :un FOA tI}e requested ;toning as explained on the attached public notice tOf Zoning CilEl
~ IIZC10::00JO.
I am AGAINST the requested zoning as explained on the attached pubUc; notice for ZonIng Case
I ~ZC10-0030.
Date, Location" Time of:

PlANNING & ZONING
COMMISSION MEETING- Monday, AUgU812, 2010, 7 porn.
City Hall, 825 W. Irving Blvd., Irving, Texaa
CITY COUNCiL MEETING: Thur9day, September 9, 2010, 7 p.m.

City Halt, 625 W.INing Blvd., Irving, Texas
Name: C.aro~
(please print)
J3og?lr+
Addres. I8"D/ "})atwood l...qne..
TaxAcc,,"nt(DCAD)Numbe, /.z I EIVED
(if""""," on enclosed map):
Signature: 1~":';~~~L.~~j~~~~~~~~~0 1 2010
Date:
-L.l-'-..L--------~----, ...
artm••
I.;;.;ln!!ia"alld t 0'
Inspe,t1ona
Phone (optional):
PI. . . provide comments ellpl.IRlng the rea80ne for y'GU[ .support . . t, p

I . ~ - "- w. •
*
,
.Jf~
",df
Packet Pg. 352

40.i
PUBLIC COMMENT FORM

(Plea•• type or use black ink)

PO Box 152288
X I am FOR the requested zoning as explained on the anached PUblic notice tor Zoning case
#ZC10-QOJO.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10.()030.
Date, location & Time of:

PLANNING & ZONING
CQMMISSION MEETING: Monday, August 2, 2010, 7 pm.
City Hall. 825 W. Irving Blvd., Il"\Iing. Texas
CITY COUNgL MEETING: Thursday. September 9, 2010, 7 p.m.

City Hali, 825 W. Irving Blvd., INlng, Texas
Nam.: ;;;;;;S;;;;~=;;;;-_Gt-=-::..:.vJ_+-,--h_O_h_ _~_~__

(please print)
Addr.ss: _...;.\"\....L.:.n-'--"D_A:~'{-'-.vJ'-----O-'-O.::.D _
TaXACCOUnl(OCADJNumber~~C""ooo 'lP,O
(If shoWn on endosed map): <2~ cxv '
5" D(J)(f)r1
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Signature: ~+C
0.'.' _---'&' -'1.'-.'-5=...0--./'-1=--0 _
Phone (oplional):
-------~-----,RECEt'1E1'"
SEP 0 1 2010
Dlpartment 01
PIIIIII., Bnd l.t~ ..t10.1 sw
Packet Pg. 353

40.i
PUBUC COMMENT FORM

(Plea•• type 0 ' U• • bl.ck ink)
Department of Planning and Inspeeti0l18

PO So, 152288
.d I am FOR the requested zoning as explained on the attached public notice for Zoning case
#ZC10...o03D,
__ I am AGAINST the requested z.onlng as explained on the attached public notice for Zoning Case
_ZC10-00JO.
P!,ANNING & lONING
COMMISSION MEETING: Uonday. August 2, 2010. 7 pm.
City Hall, 625 W. Irving Blvd., Irving, Texas
CITY COUNCIL MEETING: Thursday. September 9, 2010. 7 p.m.

City Han. 825 W. Irving Blvd" lIVing, Tex"
Pi.... provide commentll eXplaining the r...cna for your support or oppoa~on:
"- ),~
~_ p~~ pUc,:;JZ~/z--'=,£)- ,w
v RECEIVED
SEP n1 2018
Oepar1ment oj
Planatnv nd InspecllB"s
Packet Pg. 354

40.i
PUBLIC COMMENT FORM

(Plene type or u.se black ink)
Department of Planning aI'1d Inspections

PO Box 152288
-A I am FOR the requested zoning as explained on the attaehed public notice for Zoning Case
'ZC10-Q030.
I am AGAINST th" requested zoning aa explained on the attached public notice tor ZonIng Case
#ZC10-0030.
Date, Location & Time of:

PLANNING & ZON!HG
COMMISSION MEETING' Monday. August 2, 2010, 7 P m.
City HillI, 825 W. Irving Blvd., Irving, Texas
CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.m.

City Hall. 825 W. Irving Blvd.• Irving, Texas
Name:
Address:
Tax Account (DCAD) Number

(if shown on enc::losed map): -::; ~ _
Signalure: .JC:':"':IIf;z,1t!~·\iI';ij;,f~q~$1'f-,1....J.e:~ ..ea:,.;;.;:.6:-;:2r.=:===::::>-".J..

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Phone (optional):
Pi.... provide commem. .xplalnlng th. fUIIO... for your support or oppolition:
& ~r-{ """<=>0 - 10., &>(,.e..~j'=va o:;;{;;:A.

-? "l,( 4- ~",?,~.{",
RECEIVED sw
SEP 0120m
Deplr1ment of
Plan.log and In.pectlona
Packet Pg. 355

40.i
PUBLIC COMMENT FORM

(Pleaae type Dr use blllck ink)

PO Box 152288
Irving,;:-as 75015-2288
-l,L- '. am FOR the requested zoning as explained on the attached public notice for Zoning Ca&e
#ZC10-o030
_ t am AGAINST lhe requested zoning as ~Iained on the attached pubtic notice for ZoninQ CaM
#ZC10..o030.

PLANNING " ZONING
COMMISSION MEETING: Monday, AuguSI 2, 2010, 7 p_m.
City HaH. 825W.lrving Blvd., Irving, Texas
cnv CQUNCIL MEETING: Thursday. September 9, 2010, 7 p.m.

City Hall, 825 W. Irving Blvd., Irving, Texae
Phone (optional):
Pi.... 7?commenta eXplaining tI'Ie rea-.n. 'or your support or opposition:

-(,&2a,M:\lk-~ hJ ~__
~.
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SEP 0 I 2010
OBpBrtm.'l of
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RECElVED
SEP 0 1 2D1O
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0' Department
SEP 0 , 2010
PII.lllg ..d Insp••llon.
•
RECEIVED
40.i
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A PETITION FOR ZONE CHANGE #ZCIO-OO30
WE TIlE UNDERSIGNED ARE IN FAVOR OF TIlE ABOVE ZONING CHANGE
REGARDING PROPERTY LOCATED AT 1412 E. UNION BOWER FOR TIlE
DEVELOPMENT OF SIX SINGLE FAMlLY HOMES.
Packet Pg. 359

40.i
A PETmON FOR ZONE CHANGE #ZCIO·OO30
WE THE UNDERSIGNED ARE IN FAVOR OF THE ABOVE ZONING CHANGE
REGARDING PROPERTY LOCATED AT 1412 E. UNION BOWER FOR THE
DEVELOPMENT OF SIX SINGLE FAM1L Y HOMES.
.f.~ame.---
.>."-\"'..1............. ..- - - . _ - - •••- ••
AddressL JJdAlll.Q."l..1b.loleL_ Address--.•- ••---.- - .

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Name·····-·-··..·--···..···--··-·..- Nam..••••....•..••...·····················-····
Address-·-·-·_···-·...· - - _ · - · Address--··----··...-·----··..·
Address-·--..··--·..---··--·····...·...-·· Address-·----·-...•..·-·-·--··-··
Name--····..-·····..··-..·-..•..-····---··--- N......··-···-···-··-···-..•••....••••••••••
Address··_·-·····..·······-·..•..·····-..... Addres..•··•·..·---·---···..-··......•·•••••·•·..
Name·············.....-···-···-·..-··..-·- Nam....••••...· -...•...··-...- .......•....•
Address······...- ..·-·..----·-·-..•·••• Address--·..•..•..-----·--····...·•
Nam..········-·-_..•....····-_·......••••• Name...•..•...--··.........•..•..•••·••..••••....
Address-········...--·--..----····· Address-·..-···-_·......_·-·.·-·_-•••·
Address..··--·-_·······-··_·...•·..·--- Addres..--·····---..•_ _..••·....·-·
Address·----··--..·-···....-··-·-·....-··· Add=-·..·-·····... ···RECETVED

~EUl1e.-----··_---~---_·---------------------------Name-...- . - . - -....... "SEJl".1fT 2010
Address-·......-··..······-·-···..···•••··..- Address.--··------------U.p.II....I*_
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Address-··....···············--··············-·· Address-·--··············....·..·..··-··..··
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Attachment: J: Public Comment Forms in Opposition Set 1 (3524 : 11 - ZC10-0030)
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Attachment: K: Public Comment Forms in Opposition Set 2 (3524 : 11 - ZC10-0030)
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Attachment: L: Public Comment Forms in Opposition Set 3 (3524 : 11 - ZC10-0030)
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PUBLIC COMMENT FORM

(Please type or use black ink)

PO Box 152288
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
I am AGAINST the requested zOnlng as explained on the attached pUblic notice for Zoning Case
Attachment: M: Public Comment Forms in Opposition Set 4 (3524 : 11 - ZC10-0030)

#ZC10-0030.

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 p.m.
CITY COUNCIL MEETING: Thursday, September 9,2010,7 p.m.

Cily Hall, 825 W. Irving Blvd., Irving, Texas
Name £LL
Address:

(if shown on enclosed map):
Signalure
:! .M
<
~ &,,1d!J~ _
Dat// fjtsl / )(J I~
Phone (optional): _-'- / _
Please provide comments explaining the reasons for your support or opposition:
RECEIVED
SEP 01 2010
Department 0'
sw
Packet Pg. 410

40.m
PUBLIC COMMENT FORM


PO Box 152288
#ZC10-0030

#ZC 10-0030
Date, Location & Time of"

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m.
CITY COUNCIL MEETING Thursday, September 9,2010,7 p.m.

Name', J0h V)
(please print)
j, [) 'c Q 1/ a 3!-'-'h=
V
Q 'l
l _
Address' ) C. J 7 He 11 d"z ;;r eM. I v""

Tax Accoun! (OCAD) Number
(if shown on enclosed map): _
Signature:
Date:
Phone (optIonal):
~
,j- a W7 ~/l2o~cd b ecov,?~ bOP tI efyb f;oJr lto"""
RECEIVED
SEP 0 1 2010
Dlplrtme.t D'
PIIIIIIlI ••d '.SpICUOOS
sw
Packet Pg. 411
40.m
PUBLIC COMMENT FORM


PO Box 152288
\ am FOR the reque~ted zoning as explained on the attached public nolice for Zoning Case
#ZC 10-0030.

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

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

Name.
~(Tlt
(please print)
Address: 1~2-j' f.
Tax Account (DCA D) Number

Signature:
Date:
Pllone (optional):
Please provide comments explaining the reasons rOt your support or opposition:
- - - - - - - - - - - - - - - - - ' E ~~~"'----
- - - - - - - - - - - - - - - - - - s S E P Ql 2\Il1l
D pal1manl 01 .
Pli•.:. II' 'A.p·c1ID'"
sw
Packet Pg. 412
40.m
PUBLIC COMMENT FORM

Department at Planning and Inspections

PO Box 152288
1 am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

#ZC 10-0030.

PLANNING & ZONING
City Hall, 825 W Irving Blvd., Irving, Texas
CITY COUNCIL MEETING Thursday, Sepillmber 9. 2010. 7 p.m.

City Hall, 825 W Irving Blvd .. Irving, Texas
Name: ~Nf---=--Ox",-,+ke~"-_-jA'0 sk
(please print)
Address: --J!~2--,2<-3"----,~",,----,-ULJ.iL\,,,·.ucY\o.._--L8,.:l...Il.d-"'INif~_(&.L
Tax Account (DeAD) Number ');Z bq

(if shown on enclosed map) ~lnCl 10 I MMO
A!-c_,,-_"";'-'="'- ~-_------
~Y/;o
Signature:
Date .
PtlOne (optional):
_ _ _ _ _ _ _ _ _ _ _----'RECffi'-""E""'D_ _
SEP 01 2010
Dlplrtmlnt 0'
pl.nllna •• ~ 'n.plellan.
sw
Packet Pg. 413
40.m
PUBLIC COMMENT FORM


PO Box 152288
~__ I am,FOR the requested zoning as explained on the attached pUblio notice for Zoning Case
~10'0030,

#ZC10·0030,

PLANNING & ZONING
COMMISSI9N MEETING: Monday, August 2, 2010, 7 p,m
City Hall, 825 W. IrvIng Blvd., Irving, Texas
CITY COUNCIL MEETING: Thurs<Ia¥. Seplembar 9, 2010, 7 p.m.

Name /llo,{.(
(please prinl)
;fliAra JIJ
I,
Address 1)..J...? r. W1;O'L ~
'f:Jt-v.;-l ~, fl-o ,rofe {
Tax Account (DeAD) Number
(if shown on enclosed map): ~;)..cq1 (roo I 0 I \ b~bb
Signature:
Date:
mOl" mum
&utlLi r :5) (~
J.:,
).<,
Pll0ne (optional):
RECENEO
- - - - - - - - - - - - - - - , S " " E " ' PITZOfO,----
Dlpa.".'''' of
sw
Packet Pg. 414
40.m
PUBLIC COMMENT FORM


PO Box 152288
I am FOR the requested zoning as explained on the aUached public notice fOf Zoning Case
~0-0030
----1.L' #lC10-0030
AGAINST the requ~sted zoning as explained on the attached public noUce for Zoning Case

Iam
Date. Location & Time of:

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.rn.
CITY COUNCIL MEETING: Th"'sda\l. $@P!@mbef9,2010, Tp.m.

Name fuv1ClSCV
(please prin )
&v7 eeY&
Address 1,;)..2. 3' t:. Un jUt.. JS,. c,v<r fLM"
fu liD ~ -{;b Ifb~ (
'?
).;t 0
01
,
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Signature =t(Qv\.(\~c.Cl y~e ~C)

Date !tb1l.<.(r sI, l<:>r a
Phone (optional):
---------------IREeEfVEG-
---------------------'iESEP-D--If-12'l1l01o-0- -
-------------------------,P1,,"..r.i..;lilr:I;~r,:tp:~liUliS
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Packet Pg. 415

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PUBLIC COMMENT FORM


PO Box 152288
Irving, Texas 75015·2288
#ZC10·0030

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

PLANNING & ZONING
COMMISSII)N MEETING: Monday, August 2, 2010,7 p.m.
City Hall, 825 W. Irving Blvd., IT\ling, Texas
CITY COUNCIL MEETING Thursday, September 9,2010, 7 p.m.

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

(If shown on enclosed map)· it:nI2:
Signalure: ~ =IZ. ~'-- _
Date 'b -2.4--2..0\0
PllOne (optional):
Packet Pg. 416

40.m
PUBLIC COMMENT FORM


PO Box 152288
__ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
/ #ZC10-0030.

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

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p,m.
CITY COUNCIL MEETING Thursday, September 9,2010,7 p.m

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

(if shown Dr enclosed map): ----m
Signature ~;i2~ ~~~
oate::£ ~
Pllone (optional):
RECEt'1EO
SEP 0 120m
OlpIII..llllo'
sw
Packet Pg. 417

40.m
PUBLIC COMMENT FORM


PO Box 152288
I af'" FOR l'"le requested zoning as e:n' A:1~ed on \l"1e attached public notice for Zoning Case
#ze 1C·OD3D.
I am AGAINST the requested zoning d~ explained on the allached public notice for Zoning Case

#ZC1D·DD3D
Date Locat on & Time of"

PLANNING & ZONING
COMMISSI':>N MEETING: Monday, ;"'"gusI2. 2010, 7 p.m.
City Hall. 8.. 5 W, !rvlng Bivd. Irving, Texas
CITY COUNCIL MEETING: Thurscay ~eptember 9.2010,7 p.m.

City Hall. 2. ') W. irving Blvd. Irving, Texas
P'lcne (optional)'
PleiliSf. pro'Jide comments explaining the reasons for your support or opposition:
sw
Packet Pg. 418

40.m
PUBLIC COMMENT FORM


PO Box 152288
Irving, Texas 75015~2288
#ZYW-0030
~m AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case

#ZC10-0030.

PLANNING & ZONING
City Hall. 825 W. Irving Blvd., Irving, Texas

City Hall, 825 W Irving Blvd, Irving, Texas
GOAJ .. IJDl'nI, S
(please print)
Address. (CfE/~ DR,z..~ 't>t{,

Signature:
Date:
Phone (optional):
_ _=~==-c~ ~ k-- &fAd &-- ~a-&'

7~~O ~ <
r
SEP 01 21IIQ
Depertment of
Plan.lng uti InapecUoRI
sw
Packet Pg. 419

40.m
PUBLIC COMMENT FORM


PO Box 152288
__ I am FOR the requested loning as explained on the attached public notice for Zoning Case
#lC10-0030

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

PLANNING & ZONING
COMMISSION MEETING: Monday, Augusl2, 2010, 7 p.m
CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 pm.

Name :::C:>C"-c,"\"'-",--- '5\{\ .\J,J.l e It"

(please print) 0
Address \<ta~ E.. \),."''''.... ~tAlcl= ~.
:It- """'t 'XX, fj'S;)a(~ \
~------ -RECEl\£E,-,,<-D_
.~-----------~SEOL--P D1 2010
Depertment 01
Ple.e'., ad Insp••"ons
sw
Packet Pg. 420

40.m
PUBLIC COMMENT FORM


PO Box 152288
#ZClO-0030.

#ZC 10-0030.

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2. 2010, 7 p.m.

City Hall, 825 W Irving Blvd" Irving, Texas
Name:
(please print)
Address: 1£ ~::LV"kf4J=c1 LtV

(if shown on enclosed map): 71- 71 :l
Signature: ~~ ~~ -
Date 1/2/tjJ D
Pilon. (optional): CJ7;J - fL>7 2 - ';;;7 '73
~ '>P~~ ch &d7"~ i?LtAw.d Cl4G<V
REceiV
SEP 0 1 2010
UlJlrtme"t 01
sw
Packet Pg. 421

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PUBLIC COMMENT FORM

PO Box 152288
Irvmg, Texas 75015-228B
#ZC10-0030
Y
If·

#ZC10-0030
Date, Location & Time of

PLANNING & ZONING
CITY COUNCIL MEETING Thursday, September g, 2010, 7 p.m
City Hall, 825 W. lIVIng Blvd., Irving, Texas
Name"
CAt~ IA BU~""~"",,,"""l\lJ-----------
(please print)
Address, \'532 D,"'l'mcd I~
-
Tax Account (DeAD) Number ~
(If shown on enclosed map): ~ _
Signalure: c:.s;:.i5 ~~:ll_=.' ~/,- _

Date "8- 29-10
Phone (optional):
~2db.., d-<-lDL,cJ--lc..
~ £\L.. , Srbc. .. c.,l -I
1\ '" l.<..J
<...l--l,. a~ . - -." &J'cl..... e ,",-Au J., 0, ;;:" W ,A..I" cJ. ,.1t:b-

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~~~~ 1:s
____~ .._j~....,..,.." n--oumr--
sw
Packet Pg. 422

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PUBLIC COMMENT FORM

(Please type or use black Inlr)
Department of Planning and Inspecliona

PO Box 152288
#ZC10-0030.
j- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

PLANNING & ZONING

City Hall, 825 W. Irving Blvd., Irving, Texa.
Name: "J"'N/fU M W/lJ1""({ $

(plaasa print) I r_
Address: 1~3~ Y¥t W#1J($ fJ't.ve'
'tk..lJiik -rx rz~(,1
(W shown on endosed map): _---..--- _
Signature: ~.;'} th JJr;.,....:/i,If-'LV~ _

Date: ~..a.:~-J4, ().qtJ
Phone (optional):
~~~4t-h«,/k//~
adMiMif-t/
-----------RECE1Vf;6
sEP aI ZUlU
O.partm••t 01 sw
Pllnlln, anlllnsplcUonl
Packet Pg. 423

40.m
PUBLIC COMMENT FORM

Department of Planning and Inspedlons

PO Box 152288
Irvmg, iexas 75015-2288
I am FOR the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC 10-0030.
V I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case

#ZC10-0030.

PLANNING 11 ZONING
COMMISSION MEETING: Monday, August 2,2010,7 p.rn.
Cily Hall, 825 W. Irving Blvd., Jrving, Texas

City Hall, 825 W. Irving Blvd.. Irving, Texas
Name:
(please pnnt)
Address: .1.33 ()
(if shown on enclosed map): ~~ _
Signature:
Dale:
&.-e 4£ •
Phone (optional)
--------RECEl-VED~-
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _...:lS~ I 2010
Deplrtmen' of
PIII,IIg aad laspecilul
sw
Packet Pg. 424

40.m
PUBLIC COMMENT FORM


PO Box 152288
I am FOR the requested zoning as explained on the attached pUblic notice for Zoning Case
#zc 10-0030.
I am~the requested zoning as explained on the attached public notice for Zoning Case

#ZC~
PLANNING & ZONING
City Hall, 825 W. Irving Blvd .. Irving. Texas

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

Signature: ~~-----
Date: ~hb/r,,-O _
PllOne (optional):
RECEIVED
SEP 0 I 2010
D.portm.nt .r
Plo.ol.g o.d '''PleU•••
sw
Packet Pg. 425

40.m
PUBLIC COMMENT FORM


PO Box 152288
~ZC1 0-0030.

#ZC10-0030.
Date, Locaticn & Time of:
PLANNING 8. ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p.m
City Hall. 825 W. Irving Bh/d., Irving, Texas
CITY COUNCIL MEETING Thursday, September 9, 2010, 7 p.m

'Jame
(please print)
Address' L'2 0 \ ~~ l!
(if shown on enclosed map): _-=,- .,-- _
'~'
Signature:
Date"
.~ il';~1 ~~~ <
P~lOne (optional):
RECEIVED
SEP 01 2010
OOPlr1menl .,
Planalng In4 Inlpecaon.
sw
Packet Pg. 426

40.m
PUBLIC COMMENT FORM


PO Box 152288
! am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

#ZC10-0030

PLANNING & ZONING
City Hall, 825 W Irving Blvd" Irving, Texas

Name:
(ple8se prmt
Address: J3 3 I 73c)(! d-"lJ !2
Signature:
Date-
Phone (optional):
RECEIVED
SEP 01 ZDIO
oepartmeRt ul
PI•••I., •• ~ 1.S11I'U••,
sw
Packet Pg. 427

40.m
PUBLIC COMMENT FORM


PO Box 152288
#ZC 10-0030.

#ZC10-0030.

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

Name:
Address:
Tax Account (DeAD) Number~~.LJLJLl.f't--L~:::::;~~~r:.L-------

(if shown on enclosed map):/--f--,---=----.'l;i=71~~o_-----------
Signatur
Oat
Phone (optional):
RECEIVED
SEP 01 2010
Depertment of
Plan.lng aid Inspections
sw
Packet Pg. 428

40.m
PUBLIC COMMENT FORM


PO Box 152288
#lC10-0030
L 1 am AGAINST the requested zoning as exp'lained on the attached public notice for Zoning Case

#lC 10-0030
Dale, Location & Time of:

PLANNING lIo ZONING
COMMISSIC)N MEETING: Monday, August 2, 2010, 7 p.m.
Cily Hall, 825 W. Irving Blvd" Irving, Texas
CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 pm,

Name: In.; e-\]e,! Ie., ~'5eM

(please print) ~
Address: \3OJ £'~'i.L PI - '~ _
'h-v i Y\a--+'...LT)(-",-~'-,-,5,--,1J",<..,-,\~~ ~_
Tax Account (DGAD) Number J
Signature' '-:nv.~QQ / ~
Dale ~ -:15 ---'I.'::D _
Pllone (optional):
-----~SE:Il--PIJ.-IH2!Ot010o---
D.parlme.1 of
Pta.ll.t and l",pltllun,
sw
Packet Pg. 429

40.n
PUBLIC COMMENT FORM

(Please Iype or use black ink)

PO Box 152288
I",ing, Texas 75015-2288
#ZC10-0030.
Attachment: N: Public Comment Forms in Opposition Set 5 (3524 : 11 - ZC10-0030)

I am A.GAINST the requested zoning as explained on the attached public notice fot Zoning Case
#ZC10·0030.

PLANNING & ZONING

City Hall, 825 W. Irving Blvd" Irving, Texas
Name
~~------
(please pont)
Address: [So.a )S.,r4-J..<D<LC-'-'- - - -
Signature"
Date:
Phone (optional):
-------------iREGEWED'---
_ _ _ _ _ _ _ _ _ _ _ _ _ _S""E"'-'PnI 20lD
Departmenl of
----------- Pili_lag 1..11 Inep.ellaA'
sw
Packet Pg. 430
40.n
PUBLIC COMMENT FORM


PO Box 152288
#ZC 10-0030.
-L.

#ZC10-0030.

PLANNING & ZONING
City Hall, 825 W. Irving Blvd .. Irving, Texas

City Hall, 825 W. Irving BlVd., Irving, Texas
Name }k,liltlb. W\.-.15 e ",blAt] t

(please print)
Address J '),.;;. S-- J)<>'1-",J,--"D,,-r~, _
101M 'I X 1C;OlJ. I. _
Tax Account (DCAD) Number J I -
(if shown On enclosed map):
Signature:
Date:
Phone (optional):
------------- SEP 0 I 2010

Department 01
Pla.ll.g and l.apacUo'l
sw
Packet Pg. 431
40.n
PUBLIC COMMENT FORM

(Please Iype or use black ink)

PO Box 152288
Irving, Tex:Js 75015·2288
, am FOR the requested zoning as explained on the attached public notice for Zoning Case
/ZC10-0030.

J ;:1m AGAINST the requested zoning as explaIned on the attached public notice fOi Zoning Case
#ZC10-0030.

PLANNING & ZONING
COMMISSIQN MEETING: Monday, August 2, 2010, 7 p.m.
CiTY COUNCil MEETING Thursday, September 9.2010, 7 p.m.
City HaU, 825 W, Irving Blvd., Irving, Texas
Name.
Address:
Tax Accounl (DCAO) Number
(If shown on enClo~ed ~

Slgn~#
Date'
~/1
. -
J IA:c41;-C:L
2 5_-~~~e:.,-,
,(
Phone (oplional):
_ _ _ _ _ _ _ _ _---<RECEIVED
SEP 01 2010
Depertment 01
planRln, and IOaplc:t1onl
-~----
sw
Packet Pg. 432

40.n
PUBLIC COMMENT FORM


PO Box 152288
I I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.

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

PLANNING & ZONING
CITY CQUNCIL MEETING Thursday, September 9,2010,7 p.m.

C,ly Hall, 825 W. Irving Blvd.. Irving, Texas
Name:
Address·
Tax Account (DeAD) Numoer

(if shown on enclosed map): -~r-"7c---C7T-'70:7'r-~---c-
Signature:
1°
Phone (optional): I - !'f-II
RECEIVED
SEP 01 2010
Department .f
PlanRing lIullnspecUDns
sw
Packet Pg. 433
40.n
PUBLIC COMMENT FORM

Department of Plannmg and InspectIons

PO Box 152288
\ am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030

#ZC10-0030
Date, Locaton & Time af:

PLANNING & ZONING
COMMISSION MEETING Monday, August 2, 2010, 7 p,m
CITY COUNCIL MEETING Thursday, September 9,2010,7 p,m,

City Hall, 625 W, Irving Blvd" Irving, Texas
Name: ~'e.\c'>l j,e 0

(please prinl)
Address: I :\ 30 O"-,r-",~,,,iO!:.'-4-I----,D<.:.r-,, _

(If shown on enclosed map):
Signature:
Date'
Phone (optional):
--~_--_~~ __ ~_----REeEtVEDI----~
--------------aIoSEP 91 281ll
Oepa/lmenl .,
Planning dAd Inspections
sw
Packet Pg. 434

40.n
PUBLIC COMMENT FORM

Department of PlannIng and Inspections

PO Box 152288
~ZC10·0030

I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC 1 0-0030.

PLANNING & ZONING
COMMISSION MEETING: Monday August 2, 2010, 7 p.m.

Name SI1<:t/lOll ~ Sd! 8"'au/(,1.!f'-1t?I....- _

(please pnnt)
Address: /Lf()b J)R-e,1e( 1M.

Signature:
Dale:
Phone (optional):
Please provide comments explaining the reasons for your support Of opposition:
-----------~-----REGEIVE{)t---
SEP 0 1 2010
Department of
PII.Ai.g IA' '"paell•••
sw
Packet Pg. 435
40.n
PUBLIC COMMENT FORM


PO Box 152288
#ZC10-0030
I am AGAINST the requested zonrng as explained on the attached public notice for Zoning Case

#ZC10-0030.

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

City Hall, 825 W. Jf\ling Blvd., Irving, Texas
Name:
Address:
'79::4 I
Signature:
Date:
Pll0ne (optional):
Please pro\ride comments explaining the reasons for your support or opposition:
----------------~--
SEe 0 I 2010
peparfmenl of
PIMPing aR. Inl,e.tfans
sw
Packet Pg. 436

40.n
PUBLIC COMMENT FORM


PO Box 152288
/ nZC10-0030
~ I am AGAINST the requested zoning 35 explained on the attached public notice for Zoning Case

nZC10-0030
Date, Location & Time 01:

PLANNING & ZONING
COMMISSKlN MEETING: Monday, August 2, 2010, 7 p.m.
City Hall, 825 W. lrving Blvd., Irving, Texas
CITY COUNCIL MEETING: Thursday, 5epIetnbolr.l;:zoro, T p-.

Name:
Address:
T
Tax Account (DeAD) N u m b e r ' - j )
"''';'l4 Ty;. 25(:?(P!
(if shown on enclosed map): ----ih
Signature: m~ e",;{/i;C>;tfi6'lbL
Dale: tl- 2" 5'- tlJJ J()
Phone (optional):
Ple85e provide comments explaining the reasons for your Slipport or opposition:
RECEIVED
SEP 0 1 2010
8eparlmea( 01
Plan.'nv alII' 'nspeCllonl
sw
Packet Pg. 437

40.n
PUBLIC COMMENT FORM


PO Box 152288
_ _ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.
_~ I am AGAINST '.he requested zonmg as explained on the attached pubhe notice for Zoning Case

#ZC10-0030
Dale, location & Time of:

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

Address: 17K 75tJ£/

(if shown on enclosed map): --~--==----;Jr-r--I--~~--=------ ---
Signature ,o2aj£~lrl
Date _ O.L-1-;;.1-- /0
.....
Phone {optional)
_ _ _ _ _ _ _ _--"'SEf>.j I 2g19
p Department 01
lan'lag aid 'n.petltoR.
sw
Packet Pg. 438
40.n
PUBLIC COMMENT FORM


PO Box 152288
I am FOR the requested zoning as explained on the attached publ:c notice for Zoning Case
~ZC10-0030.

I am AGAINST the requested zoning as ex.plained on the attached public notice for Zoning Case
~ZC10-0030

PLANNING & ZONING

I
Name:
Address:
Tax Account (DCAD) Numb<r

Signature:
Oate:
Phone (optional):
--------------------jREGEPJED
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _S=EP D1 201fl
Deparlment or
Plan"illg lAd 1""estleR'
sw
Packet Pg. 439
40.n
PUBLIC COMMENT FORM

Department of Planning and Inspectior:s

PO Box 152288
Iam FOR the requested zoning as explamed on the attached public notIce for Zoning Case
#ZC10-0030

I am AGAINST tl:e requested zoning as explained on the attached public notice for Zoning Case
#ZC I0-0030.
Date, LocatIon & Time of:

ELANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010,7 p.m.
Cil'!' Hall, 825 W. Irving Blvd" Irving, Texas
CITY COUNCIL MEETING Thursday, Sep1ember 9, 2010, 7 p.rn.

City Hall, 825 W.lrJlng Bivd, IrJing, Texas
Name L
Address:

(If shown on enclosed map).
Signature:
-+--......,......=---------
Date:
Phone (optional):
--------.
~SEP 01 20W
D.partment 01
PhI".!.' all' InsplICllolls
sw
Packet Pg. 440
40.n
PUBLIC COMMENT FORM


PO Box 152288
\ am FOR Ihe requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030

( am AGAINST the requested zoning as explaired on lr,e attached public notice for Zoni"g Case
#ZC 10-0030.

PLANNING & ZONING

City Hall, 825 W. Irving Blvc:l., Irving, Texas
Address:

~-9 1 ..
~J I CYJ
Signature ~ .:2¢-a. ...t..<LLQ.~

Date :r,l~1 /';0 It>
Pilone(optional): '1.7,7- kj-c,I? 'f1S-1?
Please provide commen1s explaining the reasons for your support or opposition:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~SEP 0 12910
PI OeJJl!Irhnent 01
aDDing II' '''"ecUune
sw
Packet Pg. 441

40.n
PUBLIC COMMENT FORM

Department of P~anmng and Inspectlons

PO Box 152288
Il'Iing, Texas 75015-2288
I am FOR the requested zoning as e;.<plained on the attached pUblIC notice for Zoning Case
#lC10-0030

'ZC10-0030.
Date. LocatlOn & Time ot

~LANNING &ZONING
City Hall, 825 W. Irving Blvd, Irving, Texas
CITY COUNCIL MEETING: Thursday, September 9.2010, 7 p.m.
Name:
Address:
Tax Accounl (DeAD) Number

Signature:
Date:
Phone (optional):
Plea5e provide comments explaining the reasonS for your support or opposition:
SEP 0 I 2010
Oop.rtmeRI of
planing IA.lnlpeeHal.
~----~-
sw
Packet Pg. 442
40.n
PUBLIC COMMENT FORM


PO Box 152288
I am FOR the reqt;ested zoning as explained on the attached public notice for Zoning Case
~ZC 10-0030
~m AGAINST the requested zoning as explained on the attached public notice for Zoning Case

#ZC 10-0030.

PLANNING & ZONING
City Hall, 825 W. Irving Blvd., Irving, Te:(as

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

(if shown on enclosed map): -==-------r-.,----.----------
Signature ??~ 11I1!tt~

Date t!30UO
Phone (optional):
B{-\~ 01;' i\e.ISkl,o,hoDA c:>e-+k~(1'
RECEIVED
SEP 0 I 2010
Deportment 0'
Plan.'ng lll,lf Inspecllon.
sw
Packet Pg. 443

40.n
PUBLIC COMMENT FORM

(Please type or use olack ink)

PO Box 152288
1am FOR the requested zoning as explained on the attached publiC notice for Zoning Case
~10-0030
a~m

_/_ I0 AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC 10-0030.

PLANNING & ZONING
COMMISSII)N MEETING: Monday, August 2, 2010, 7 p.m,
City Hall, 825 W. lIVing Blvd., Irving, Texas
CITY COUNCIL MEETING: Thursday, September g, 2010, 7 p.m.
(If shown on enclosed map): ==:::-~
Signature:
/~ l/"cL.te
Date:
Phone (optional):
~n~l0Uf Y)tl"bor ht!JJJ ~v11 '
\})h1-i<>vcuP hD~",,-L -=-<.51I,-,--~---,--S_~------==---.L1 ~~~~ _ _
~ _ _~ ~ IiECEillED-
SEP 0 1 201C
Oepartment 01
Planiling and Inspecllan.
sw
Packet Pg. 444

40.n
PUBUCCOMMENTFORM
(Please type or use bleclr Inlr)
Department of Planning and ll'lSpections

PO Box 152268
Irving, TeXB8 75015-2268
I am FOR the requested zoning as explained on the at!ached public nclice for Zoning case
#ZC10-0030.
I am AGAINST the requested zoning as e><pl_ on the attached publ1c notk:e for Zoning case
#ZC10-0030.

Dale, Location & 11me oc
PLANNING & ZONING
COMMISSION MEmNG: Monday. August 2, 2010, 7 p.m.
City Hall, 825 W. Irving Blvd., Irvtng, Texas

CitY Hall, 825 W. Irving Blvd., Irving, Texas
Name: .,...,..---Sbco~\iD=-=o..J:""=""'-':::;::::'~l.,.;g..:=\6:..:::6S.=- _
(please print)
Addreeo: J2..3 t-J ~\lI<Jl.o HtaTS be

(if shown on enclosed map): ---...(...,'+.,.....,4--./-,.t-~,....--------
Signature:
Dale: 8/2.'1 /0
Phone (optioneij: 2 1'-1-63.8-7301
Pi.... provide comments explaining the for your support or oppoeillon:
fI-/£ 2.E -ZOkJ JtJ~ JW I I ]7oJ!f<- /{Oc.J.5; jtJ'o 0--.)
________________RECEnlEDe..-
SEP 01 2010
Depertment of
Plan,'og and InspecllpDs
sw
Packet Pg. 445

40.n
PUBLIC COMMENT FORM

Department of P\anmng and Inspeclions

PO Box 152288
#ZC10-0030.

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

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 p. m.

Name"
Address:
(if shown on enclosed map): /J/C .-=
Signature -W~~
Date £-?-I-;O __~__~__
PllOne (optional):
provide comments explaining the reaSOrlS for your support or opposition:
RECEIVED
SEP D1 2D1O
DBpanment 0'
PIII\"in, IRtllnipICtiOftI
sw
Packet Pg. 446
40.n
PUBLIC COMMENT FORM


PO Bo' 152288
1~lng, Texas 75015-2288
/ZC10-0030

\ am AGAINST the requested zoning as explained en the attached public notice for Zoning Case
#ZC10-0030.

PLANNING & ZONING
COMMISSII)N MEETING: Monday, August 2, 2010,7 pm.
CITY COUNCIL MEETING Thursday, September 9, 2010. 7 p.m

RECEIVED
~u(),leq ~dey~_nSE.P 01 2010
(please pont) \ DepartmeDt of
Address: --1 (, 22 Dre--L'f-=ei-,--~D~r~.~~~._~~_PI_.n_.lnl••d In.plCllool
_ _'1 ""0 fc I
(if shown on enclos.ed map~ !QC
Signatur : _.t«lu ) ~ ?")1L a:J2:
Date <ll ~O \e-.=2.0:><.c\Q"--- ~)
Phone (optional): q~ ~q_-_"r-=c..,-,q,-7-L- ~
N4=AkJLk~~.L.Z.
SEP 0 1 20ID sw
Department 'I . Packet Pg. 447
Planllng anl!llnspectlonl
40.n
PUBLIC COMMENT FORM


PO Box 152288
#ZC10·0030,
~ am AGAINST the requested zoning as explained on the attached public notice for Zoning Case

#ZC 10·0030,

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010,7 p,m.
CITY COUNCIL MEETING Thursday, September 9, 2010, 7 p.m.

Name R\J,\'Ib. S\~~\e. 'c~

(please print)
Address ,-\Cl4 b ~\., :rte.~ ('-GIH-l-
Tax Account (DeAD) Number T !'=u" "-~ J 13, IJ nO Ct I

Signature:
Date
Phone (optional):
Please provide comments explaining the reasons for your support 0,. opposition:
SEP 01 2010
Department of
PlaoRiM aReI InsDections
sw
Packet Pg. 448
40.n
PUBLIC COMMENT FORM


PO Box \ 52288
Irving, Texas 750\5-2288
#ZC\0-0030.

#ZC\0-0030.

PLANNING & ZONING

Phone (optional):
Please provide commenq oxplaining the reasons for your support or opposition:
------------~RECENED'--
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _---'lJSEP 31 2U\3
Department of
Planlll1nQ uti Inspections
sw
Packet Pg. 449

40.o
PUBLIC COMMENT FORM


PO Box 152288
#ZC10-0030.
#ZC 10-0030.
Attachment: O: Public Comment Forms in Opposition Set 6 (3524 : 11 - ZC10-0030)

Date, Location & TIme of:
PLANNING & ZONING

Name (21.,,+ H~;ll",f[ _

(pleese print)
Address: -1111 l4~J ...4tt c.""rt'--- _
. ~rv .. ~H_,-'-r'-'X"'-----7L.:5!"'-'O""f{)<..I>.L------
(if shown on enclosed map ):r17 J
Signature: cU~
Date: 8· iJ,D -10
Phone (optional):
REce;Nt:D
-------------------:....:.::S""E""P0' 2010
De ditmeR' 01
sw
Packet Pg. 450

40.o
PUBLIC COMMENT FORM


PO Box 152288
_ _ I am FOR the requested zoning as explained on the attached public notIce for Zoning Case
JZC10-0030
~ I am AGAINST the requested zoning

as explained on the attached public notice for Zoning Case
#ZC10-0030

PLANNING & ZONING
COMMISSION MEETING Monday, August 2, 2010, 7 p.m.
CITY COUNCIL MEETING Thursday, Septemberg, 2010, 7 p.rn

Name max \0.-

(please print)
ULo-iY\C\.
Address: \ \.Q n ~W <:lC:O,. Va
"I'l'J\' rex
----::.J
IX: { 5rJ CQ l~--
(if shown on enclosed map): ~
Signature: ~~
Date: 810\ \10
PtlOne (optional):
_ _ _ _ _ _ _ _ _ _ _ _---lRECEIVED
SEP 0 1 2010
Oepartment 0' .
Plan.ing aad InspactlOns
sw
Packet Pg. 451

40.o
PUBLIC COMMENT FORM


PO Box 152288
Irving, Texas 75015-228B
_ _ I am fOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030
-1 I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case

#ZC 10-0030.

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2,2010,7 pm.

Name:
Address'

(if shown on enclosed map): -=--u~7i~:;--=-------------
Signature:
Date:
Phone (optional):
_ _ _ _ _ _ _ _ _ _ _ _ _RECElVED
SEP 0 1 2010
Department 0' .
Plan.ina and 'nlplctlonl
sw
Packet Pg. 452

40.o
PUBLIC COMMENT FORM


PO 80x 152288
/ #ZG10-0030.
~ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case

#ZG10-0030.

PLANNING & ZONING
COMMISSION MEETING Monday, August 2, 2010, 7 p.m.

, ~.)
c~:":-:.f?,,-l~
.
Name: \ . Mol£? '&7::-' _

(plJase print)
Address:
<~/7?A1']{~/ L.!!
Tax Account (DGAD) Number

di/(--'~ ';; lY.. 7'-::; {'; (,I
Signature:
Date
Phone (optIonal):
RECENEo-
SEP 01 2DlO
Oapartlnent 01
sw
Packet Pg. 453

40.o
PUBLIC COMMENT FORM


PO Box 152288
#ZC10-0030.
#ZC10-o030.

PLANNING & ZONING

Name C/1I1!1Ci f!
(please PjJ,nt)
um u!J I
Address: NIfJ... 0I7;'rV7 Bow&' !4
.
TaX'Aesount (DCAD) Number
1£1/109 rf ;/';() (n /
(if shown on enclosed map): ~' :?~
Signature: 4-~JQ E: __/4 S'
Date: ~3/- 2 CI 0
Phone (optional):
-------------~l-
SEe 0, 2816
Plu P'Plrt1lJ8At of
sw
Packet Pg. 454

40.o
PUBLIC COMMENT FORM


PO Box 152288
#ZC10-0030.
#ZC10-0030.

PLANNING & ZONING

Name: JUaA Se/11P.

(please print)
Address: N2.? £,

(if shown on enclosed map): ...., _
Signalure: ~ ~
C?
Date: S - 5/- 2010
Phone (optional): Jf( gg 3 2-?70
Please provide comments explalnl" the reasons for your support or opposition:
sw
Packet Pg. 455

40.o
PUBLIC COMMENT FORM


PO Box 152288
J am FOR the requested zoning as explained on the attached public notice for Zoning Case
i
#ZC1D-0030.

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

PLANNING & ZONING
COMMISSION MEE"lING: Monday, August 2, 2010, 7 p.m

{;A\i ~ MAY+; ti u.c~oJ1s

Name:
Address:
(Pt1s r~t)r E , r .
LAv\I!'))']
III
6o,JQV
;26 6 I
(if shown on enclosed map): 7j)~/['ifJil---------,::~~it:\\JED
Signature:
4F'lr-jlll-l.f.D'9""''-r-------SEl'-ll-\ 111\(l
Date: _...lJ-+-"...L~'_"'_I__I..!~ =~!\l"l.rli.iim.nl ~\\.n.
Pl••••' \n.~
Phone (optional).
Please provide comments explaining the reasons for your su port or opposition:
n I~ ,
Packet Pg. 456

40.o
PUBLIC COMMENT FORM


PO Box 152288
_ _ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
I #ZC 10-0030.
-L I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case

#ZC10-0030

PLANNING & ZONING
COMMISSION MEETING: Monday, August 2, 2010, 7 pm.
CITY COUNCIL MEETING Thursday, September 9, 2010,7 pm.

City Hall, 825 W. Irving 8Ivd., Irving, Texas
Name:
Address:

P~'one (optionall:
Packet Pg. 457

40.o
PUBLIC COMMENT FORM


PO Box 152288
#ZClO·0030.

#ZC 10·0030.

PLANNING & ZONING
CITY COUNCIL MEETING: Thursday, September 9, 2010, 7 p.rn.

Name:
(please print)
Address: 1<?;lLf £- UfJlOtJ BDWe.(.,

Signature:
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or oppositior:
~6u\..~ (l\c~c...4' +'O--e;c:.. iVoi
-"""~:::.v:A",-l"Q....!~":"·
v~ ~- - - - - - - - - - - - - - -
sw
Packet Pg. 458

40.o
PUBLIC COMMENT FORM


PO Bex 152288
I 8r"" FOR t'le requested zonmg as en' ~I~ed on the attached public nohce for Zoning Case
'ZC1C~0030
& I am AGAINST the requested zoning .. - explained on the altached public notice for Zoning Case

#ZC10~0030
Date. Locat on & Time of:

PLANNING & ZONING
COMMISSION MEETING: Monda~, A ..gusI2. 2010, 7 pm.
Cit~ Hall. 8. S WINing 8ivd. Irving, Texas
CITY COUNCIL MEETING: Thursca~ :-eptemoer 9.2010.7 p.m.
City Hall C. ') WiNing Btvd. INing, Texas
Me.\l$SOv
(please prmr)
b/CM\S
""'""'''-------------
Adaress. \~~~~C _
Tax A.ccourt {DeAD) Number
(;f shown or; enclosed map). 32S20SQC.":C).3"oo"",l,...I.aooc)

....""'''' _
Sjgl,alur~2A ~~"- _
Dale~
P'lcne (optionel])
PleasE. pro',ride comment$ explaining the reasons for your support or opposition:
RECENEO
SEP 01 2010
Department 01
pl,nBtng aId Inspections
sw
Packet Pg. 459

40.o
PUBLIC COMMENT FORM


PO Bex 152288
l!'\Iing, Texas 75015-2266
I am FOR t"Je requested zoning as ex[' .w~ed on the attached pL:bhc notice for Zoning Case
.ZC1C-0030
I am AGAINST the requested zoning d~ explained on the attached public notice ror Zoning Case

'ZC10-003D
Date _Locat on & Time of

PLANNING & ZONING
COMMISSION MEETING: Monday ;""gusI2. 2010, 7 p,m,
City Hall. 8. S W, Il"Jing 8i . . . d, Il"Jing, Texas
CITY COUNCIL MEETING Thurscay ~€'ptember 9.2010,7 p.m.
City Hall 2. 'J W, il"Jlng BI.. . d .. Il"Jing, Texas
(please r/flt)
Adaress: 1-<13;u.fI rn... feL
L _... Dr _
Tax Accourt (DCAD) Number

5110wo or: enclosed map),
{if
Signature:
Date-
P;lcne (optional)'
PleasE:- provide comments uplaining the reaSO:15 for your support or opposition:
____RECE\\/ar-
SEP 0 I 2010
sw
Packet Pg. 460

40.o
PUBLIC COMMENT FORM


PO Sex 152288
Irving, Texas 75015*2288
\ am FOR t"e requested zoning as eX[' ~Ir:ed on 111e altached public notice for Zoning Case
#ZC 1C-0030.
/ I am AGAINST the requested 7.:0010g d- explained on the attached pUblic notice for Zoning Case

#ZC10-0030

PLI<NNING & ZONING
COMMISSION M§ETING; MOnday A"gust 2. 2010, 7 p,rn
City Hall, 6.-1) W Il"\Ilng 8ivd. Irving, Texas
CITY COUNCIL MEETING: Thurscay :-eplember 9. 2010. 7 p.m.

City Hall. 2. ') W irving Blvd.. Irving, Texas
(please pnnt)
Adaress, l ) l'5 Q'R e-lE I 121
Tax p..ccQunt (DeAD) Number

(if 51lown or. enclosed map). :?a2S 19" rCOO 2..~O:::O::'"o=OOO"",,=,- _
Sig"alure: ~ r: O~
Dale g,=.
I Y'/to
P:lcne (oplionail q:71.lf)j(·7J.,dl"Q'- _
Pleast- pro·..ide comments explaining the reasons for your support or opposition:
_ _-----'~-=ED'--_
SEP U\ ,010
DI'ela.r.1r~~p~tctlons
P1ait.. ·~
sw
Packet Pg. 461

40.p
PUBLIC COMMENT FORM

Department af Planning and Inspections

PO Bex 152288
IMng Texas 75015-2288
I ar'" FOR ,.,e requested zoning as ex[' ;w"led 0'1 the attached publiC noMe for Zoning Case
#ZC10·0030.
I am AGAINST lhe requested zoning d~ explamed on :he altached pUblic notice lor Zoning Case
Attachment: P: Public Comment Forms in Opposition Set 7 (3524 : 11 - ZC10-0030)

#ZC 10·0030
Date. l.ocal on & Time of:

PLANNING & ZONING
COMMI551QN MEETING Monday, fo •. ~ust 2. 2010,"7 pm
City Hall. 8.''3 W Irving 8ivd. Irving, Texas
CITY COUNCIL MEETING Thurscay -eptember 9, 2010, 7 p.m.

City Hall. e. 'j W. irving Blv;:t. Irving, Texas
Na'ne 11 /oWl on t<o:f1::.='O:e _

(please prm[J
Admess 13J,(Q QJyl.d----'-O~t:2.::".. _
\Y'lffl ];_'1 ":;xX.t I
Tax Account ,:OCAO: Number
(if shown or. enclosed map},
Pleas~ provide comments explaining the reasons for your support or opposition:
S;:P U, ZUlU
081111 (mint al .
sw
Packet Pg. 462

40.p
PUBLIC COMMENT FORM


PO Bc~ 152288
Irving. Texas 75015-2288
\ am FOR l'le requested zoning as eXt' ,w-:ed on the attachec public notIce for Zoning Case
#ZC 10-0030.
I am AGAINST Ine requested z.ol"llng cl~ e)jp(amed en the attached public notice for Zoning Case

#ZC 1C-DD3D.
Date. Local on & Time of:

PLANNING & ZONING
COMMISSlqN MEETING: Monday, ;:'''9LJs1 2. 2010, 7 p m,
City Hall. 8.''5 W. Irving 8i....d. Irving, Texas
CITY COUNCIL MEETING: Thurscay ~eplember 9. 2010, 7 p.m.

City Hall. c. SW. irvmg BI....d. Irving, Texas
Na'TIe- C Egr1£o f2D<->..D=tl-'--.:1f:M=t={~ _

(please prim)
Adaress, / C/ I ~ Vt''I(~"-,I-----,,,c1-=--:t' _
Tax Accourt {DeAD) Number

\;( ,hol'm oc encl::~a7::) ~
J'
J:X<= 'CO
/<--<.lL--"-'
,OOOC)
_
Dale tg F/~Q /10 i
PlenE; provide comments explaining the reasons fer your support or opposition~
_ _ _--IREClliE=O:..-_
SEP 0 I 2010
Department of
P\iRI\llg lAd laspect!QQI
sw
Packet Pg. 463

40.p
PUBLIC COMMENT FORM


PO Box 152288
Irving, Texas 75015~2288
\ am FOR the requested zoning as explained on the attached public notice for Zoning Case
~lC10-0030

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

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

City Hall, 825 W Irving Blvd, Irving, Texas
Name:
Address'
Tax Accounl (DCAD) Number
(if shown on enclosed \~""''''~~~i~t~~;A1;-:7i~?-:;:::----~-

Signatu ":..~L~!1-~~"l:~~j,<-'4~~~"'"
Date:
Phone (optional).
------------------jRECEfVEf)f---
SEP 0 I 2010
-- - - - - - - - - - - - =Planarng
..0I'.!.~p.!!1r\m,'".D1l\;g~I"'""._--
aitlli,pllctlons
sw
Packet Pg. 464

40.p
PUBLIC COMMENT FORM


PO Box 152288
#lCl0-0030.

I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#lCl0-0030.

PLANNING & ZONING
COMMISSION MEETING. Monday, August 2,2010,7 p.m.
CiTY COUNCIL MEETING: Thursday, September 9, 2010, 7 pm.

City Hall, 825 W.rrYing Blvd" Irving, Texas
Name: J{rr-nnt"F ~ S;/>M,M.. () "., S

(please print)
Address· 1500 jJ tJO~ I.. 1>A.

(if shown on enclosed map): _ 3Z09'1 !>"o:>02.<!O SCPOI'
Signature: 1'f-.z:tt.--.-..:f:, ../
Date :s 6:{X \
Phone (optional):
Please pro\Jide comments explaining the reasons for your support or opposition:
RECEIVED
SEP nI 20ro
!Joplfl......r
PI,..Jlg It'ld IUPldll1lS
--------------=
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Packet Pg. 465

40.p
PUBLIC COMMENT FORM

Departmenl of Planning and lnspectio~s

PO Sex 152288
Inilng, Texas 75015-2288
I af'"\ FOR 118 requested 70ning as en' "lIned on the attached pUbliC notIce for Zoning Case
#ZC,C-003D
I am AGAINST the requested zoning d~ el:plamed on the altached public notice for Zoning Case

#ZC '0-0033.
Date. l.ocal on & Tirr,e of:

PLANNING & ZONING
COMMISSI')N MEETING Monday, A.. yust 2.2010.7 p.m,
Ci:y Hall. 8. 'J W, Irving 8ivd. Irving, Texas
CITY COUNClb MEETING ThurSC8', ~eptember 9. 2010. 7 pm,

City Hall 2. oj W irving Blvd.. Irving, Texas
Na'TIe ~UI~ tJJ-zJ",--~_ _

fplease print) f)
Acaress j5D\ fxtx-tf fYt~=e _
Ta',( ,\cccurt (DCAD) Number
(It shown or: ~nc!osed map) (') ~~//Poq-,s=OOO 100 '50000
Signature $~ __
Ot ~
P~1cne (OPhon:l~ Cfii:6-717._7.L~ _
SEP 61 2010
sw
Packet Pg. 466

40.p
PUBLIC COMMENT FORM

(Pleasetype or use black ink)

PO Box 152288
, am FOR the requested loning as explained on the atached public notice for Zoning Case
#ZG 10-0030

J am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZG 10-0030
Date, LocatIon & Time of

PLANNING & ZONING
CITY COUNCIL MEETING: Thursday, September 9,2010,7 pm.

City Hall, 825 W. rrving Blvd., Irving, Texas
Name: ~,\nJ
(please prin'i!'
MoL \
Address: Isoi6 [;ye)le ~(
1:rv:4 T:f, rg)(p-L\_ _
Tax Account (DeAD) Number ....,j
(if shown on enclosed map): _--,3g~Ol:l'l"-:JL;g;(:O""'7_~-==-'-t,-"oO""",,-W=_~ _
Signature:
J.rt{----- ~-
Date: 30- ,0
~.
Phone (optional):
Please provide comment5 explaining the reasons for your support or opposition:
t'1::'VED
SEP 01 2010
---------~
Department 01
PlanRlnq lAd Inspections
sw
Packet Pg. 467

40.p
PUBLIC COMMENT FORM


PO Box 1522BB
Irvmg, Texas 75015·2268
I aFl FOR !"Ie requested zoning as e:H' .'II:;ed on the attached publiO nallce for Zoning Cas.e
#ZC 1C-0030.
I am AGAINST the requested zoning oi~ explained on the attached public. nolic.e for Zoning Case

IlC 10-0030

PLANNING 8. ZONING
COMMISSiON MooTING Monday. A"gust 2.2010.7 pm.
City Hall. 8.-S W, I"'ln9 ei.. . d. Irving, Texas
CITY COUNCIL MoETlNG Tnurscay ~eptember 9 2010.7 p.m,

City Hall. 2. ') W. irvmg Blllj .. Lrving, Texas
Na11e Alli/ 1It

(plea$f;! pnnl) !-J/e..f<~ y
.LL''-'=~:'=::''.L _
Address: /9'1 Q1.tf'KGf-- 0/2..·
~f~:Z:m4=O
Tax Po.ccount {DCAD) Number
\if shown 0: i.mclosed rnap)
Dale 0
g~w-I
P"cne (optional)" !J7J.-'f~r~/#:...::.D _

PleaSE; provide comments explaining the reaSQi1S for your support or opposition:
s9n-M<,..a02~. J - ~ ~
SEP 9 I 2616
sw
Packet Pg. 468

40.p
PUBLIC COMMENT FORM

Department of Plannmg and Inspections

PO Sex' 52288
Irving, Texas 75015~22BB
I am FOR l'"Ie requested zoning as ex[' ~l~ed on \he attached public. notIce for Zoning Case
#ZC1C·0030
I am AGAINST the requested zoning d~ e):.plamed on the al\3ched public notice for Zoning Case

#ZC 10·0030
Date. Local on & Time of:

PLANNING & ZONING
COMMISSION MEETING: Monday, ;:',.9USt 2. 2010, 7 pm.
City Hail. S.. ? W 11'\1lng 8ivd. Irving, Texas
CITY COUNCIL MEETING Thurscay -eptember 9.2010.7 p.m.

City Hall. 2. -) W. irvmg Blvd .. Irving, Texas
J:~~,) ~"---r _
Adaress' \5Jle DftA-eL bL-'tv\I\"'j 1~
8- ~(J - J0 'lr()...o~
Tax Accourt (DeAD) Number
(if shown or enclosed map). 3Zo"l,S ocn2.oo30ClClCl
Signature: ~M----,,%~( _
Date- ~ -:~O- ~O _
P~lcne (optional)
Plea Sf; provide comments explaining the reasor's for your support or opposition:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _....ilSa.D I 2010
pI pepartment 01
.IAAUI§ alld Inspectioils
S\II
Packet Pg. 469

40.p
PUBLIC COMMENT FORM

(Please lype or use black ink)

PO Bex 152268
Irving, Te)(as 75015-2286
I ,<!fT1 FOR t'1e requested zomng as exr ~lned on the attached public notIce for Zoning Case
OZC1C-0030
V I am AGAINST the requested zoning J- explained on the attached public notice for Zoning Case

OZC 10-0030
Date Locat on & Time of

PLANNING & ZONING
COMMISSION MEETING Monday, ......-;ust 2, 2010, 7 pm
City Hall. 8. 'j W, Irving Bivd. Irving, Texas
CITY COUNCIL MEeTING Thurscay ~eptember 9.2010, 7 p.rn

City Hall, c. ') W. Irving Blvd. Irving, Texas
fplease pont)
Adoress
Tax Accourt {DeAD) Number

lif sho\"m or: enclosed map). ~ _
Signature:
Date , ..
PleaSt prO'.dde comments explaining the reaSO:1S for your support or opposition:
SEP lJ 1 2010
Department of
Planning and Ins,ectlDn.
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Packet Pg. 470

40.p
PUBLIC COMMENT FORM


PO Box 152288
Irving, Texas 750i5-2288
I am FOR the requested zoning a5 explained on the attached public notice for Zoning Case
#ZC10-0030.

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

ELANNING 8. ZONING
COMMISSiON MEETING Monday, August 2, 2010, 7 p.m.
CITY COUNCIL MEEnNG: Thursday, September g, 2010, 7 pm

Name: k-30s e Q2?o'h-e ffO

(please print) =--'-~'--=--~----
Address: ISZS ilIrt$=l,,---,,-Q-I-i _

(If shown on enclosed map) 3209 'l$b<'A ,oOZ,oooc)
Signalure Tcsq' 0_ go~" r:: 80
Dale t8Ol1c>,,--_
Pllone (optional):
SEP 01 2010
-------~--~----__::=~Iltp.a
i'la•• ,,1 II'....,.,
lupHllo••
sw
Packet Pg. 471
40.q
PUBLIC COMMENT FORM


PO Box 152288
#ZC10-0030.
r am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC10-0030.
Attachment: Q: Public Comment Form in Opposition (3524 : 11 - ZC10-0030)

Dale, Locat on & Time of:
PLANNING & ZONING
COMMISSION MEETING: Monday. AIJQust 2,2010,7 p.rn.
City HaJJ, 825 W. Irving Blvd., Irving, Texas

Name:
(please pnnt) ,
Address: /Jill Val1CL Dc,
Date:
Packet Pg. 472

40.r
Packet Pg. 473

Attachment: R: Email in Opposition (3524 : 11 - ZC10-0030)
40.s
Packet Pg. 474

Attachment: S: Email in Opposition (3524 : 11 - ZC10-0030)
/ 40.t
- VANCE OR - VANCE DR UNION BOWER RD _~_I
30
Attachment: T: Protest Analysis Map (3524 : 11 - ZC10-0030)

I'-------~UNION BO\II/ER RD UNION BOWER RD --1-----
34
10
200 Ft
Notification rl---.":::::~J%W
OAYWOQD LN DAYVVQOD LN -
Boundary
'"o
(J)
....
I
15 \2
QAYWOODtN
DREX [];I
37 24 o EL LN DREXEl. "
!:T
o
,..
w
I
"" <::i
IT]
I
i ~_----L_-i
;;
II:: oREXEL.DR
Protest Analysis Map

City of Irving
Tola'i Area within 200'
(Excluding Subject Parcel)
TotaJ Area Protesting

=7.8186AC
= 4.4658 AC
D
N
No. lC10-0030
Cate See, 2.2:110
Percentage clArea Protesting = 57.12% 0 100
I fee1
200
Packet Pg. 475

41
AGENDA ITEM SUMMARY

Recommending Department: City Secretary’s Office LSR No: Na
Resolution -- Appointment to the Convention Center Community Opening

Events Task Force
1. This item supports Strategic Goal No. 3: Economic Development and Goal 6:
Effective Communication.
2. Impact: This committee’s work with the ICVB Board of Directors will assure
community outreach relative to the opening of the Irving Convention Center by
extending the resources of the ICVB Board and staff during this time.
3. On April 1, the City Council appointed seven members to the Task Force which will
focus on the following: Convention Center Community Outreach, Community-
Oriented Grand Opening Events and Volunteer Opportunities.
4. This item appoints an additional member to this Task Force.
5. The term of these appointments will conclude no later than March 31, 2011.
Recommendation
Contract Required: No Review Completed By: NA
Previous Action: Res 2010-87 Council Action: Appointed first 7 members to
the Task Force
Res 2010-140 Appointed one member
.
The current members of the Task Force are:
Meredith Bolger Pam Brown
Clem Lear Don Oberlin
Benny Newman Carole Shlipak
Richard Stewart

None
Prepared: 8/25/2010 09:59 AM by Jennifer Phillips
Packet Pg. 476

41
CITY OF IRVING

SECTION I. THAT the following individual be and is hereby appointed as a member of the
Convention Center Community Opening Events Task Force:
Sam Smith
said term of office expiring March 2011.
As a result of the appointment heretofore stated, the Convention Center Community

Opening Events Task Force is represented by the following:
Meredith Bolger
Pam Brown
Clem Lear
Benny Newman
Don Oberlin
Carole Shlipak
Sam Smith
Richard Stewart
Packet Pg. 477

41
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 478

Citizens’ Forum, August 5, 2010
Prepared by: Karen Ducote, Office Coordinator

RESIDENT CONCERN ACTION TAKEN STAFF ASSIGNED
Dr. Gabriel Bach Mentoring None None

North Lake College
5001 N. MacArthur Blvd.
Irving, Texas 75062
972-273-3553

IrvingCC Packet 2010-09-09

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, SEPTEMBER 9, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

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

Rev. John Fletcher, Oak Haven United Methodist Church

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 43

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

City Council Agenda 09/9/2010 1

2 City Operations Update

4 Approving regular meeting minutes for Thursday, August 5, 2010

5 Approving special meeting minutes for Thursday, August 19, 2010

6 Approving special meeting minutes for Wednesday, August 25, 2010

7 Resolution -- Authorizing Reimbursement Payment in the Amount of

City Council Agenda 09/09/2010 2

9 Resolution -- Authorizing Reimbursement Payment in the Amount of

City Council Agenda 09/09/2010 3

11 Resolution -- Authorizing Reimbursement Payment in the Amount of

City Council Agenda 09/09/2010 4

City Council Agenda 09/09/2010 5

14 Resolution -- Approving a Discretionary Service Agreement Between the

City Council Agenda 09/09/2010 6

City Council Agenda 09/09/2010 7

17 Resolution -- Awarding a Contract to Insituform Technologies, Inc., for the

City Council Agenda 09/09/2010 8

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

City Council Agenda 09/09/2010 9

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

City Council Agenda 09/09/2010 10

21 Resolution -- Authorizing Staff to Negotiate an Engineering Services

City Council Agenda 09/09/2010 11

23 Resolution -- Approving Change Order No. 4 to Eagle Contracting, L.P. for

City Council Agenda 09/09/2010 12

24 Resolution -- Approving and Accepting the Proposal of Verizon Business

City Council Agenda 09/09/2010 13

City Council Agenda 09/09/2010 14

City Council Agenda 09/09/2010 15

28 Resolution -- Approval of the Irving Arts Center’s Founders Fund Financial

City Council Agenda 09/09/2010 16

City Council Agenda 09/09/2010 17

30 Resolution -- Approving Purchase Utilizing Grant Funds from Smiths

31 Resolution -- Approving the Single Source Purchase from Physio-Control,

City Council Agenda 09/09/2010 18

33 Resolution -- Renewing an Interlocal Agreement with Dallas County Health

City Council Agenda 09/09/2010 19

35 Resolution -- Renewing Annual Contract with Dyna Pak Corporation for

City Council Agenda 09/09/2010 20

37 Ordinance -- First Reading - Amending Chapter 52 Entitled “Water and

City Council Agenda 09/09/2010 21

City Council Agenda 09/09/2010 22

City Council Agenda 09/09/2010 23

City Council Agenda 09/09/2010 24

APPOINTMENTS AND REPORTS

City Council Agenda 09/09/2010 25

AGENDA ITEM SUMMARY – PUBLIC INPUT HEARING

Meeting: 9/9/2010 DOC ID: 3548

Attendee Name Organization Title Status Arrived

Mayor Herbert Gears called the meeting to order at 11:08 a.m.

John R. Page, Parks & Recreation Supervisor

Derrick Thompson, Publication Specialist

2 Review of Regular Agenda