IrvingCC Packet 2010-12-09

AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, DECEMBER 9, 2010
COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
~
11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, DECEMBER 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
Reverend Albano Tayengo, Kirkwood United Church
Pledge Of Allegiance
Proclamations, Announcements, and Special Recognitions
Public Hearing: Items 1 through 32
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 12/9/2010 1

CITY COUNCIL AGENDA
1 City Operations Update
CONSENT AGENDA
2 Approving Work Session Minutes for Wednesday, November 10, 2010
3 Approving Meeting Minutes for Thursday, November 11, 2010
4 Resolution -- Approving a Records Control Schedule for Fire Documents

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

Accordance with the City of Irving’s Records Management Policy
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all record destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 18 cubic feet of records for the City Secretary’s Office.
Recommendation

6 Resolution -- Approving a Texas Traffic Safety Program Grant Agreement
Between the City of Irving and the State of Texas, Acting by and through
the Texas Department of Transportation, for a Selective Traffic
Enforcement Program (STEP) Grant for Holiday DWI Enforcement
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: This grant will provide overtime expenses to decrease impaired driving and
alcohol-related crashes during the major holidays and Spring Break week.
3. The grant is for the period of October 1, 2010, through September 30, 2011.
4. The STEP grant is reimbursable up to $29,810.00 with a cash match from the City
in the amount of $10,239.35.
Recommendation
7 Resolution -- Authorizing the Mayor to Sign an Interlocal Agreement

Between the City of Irving and the North Central Texas Council of
Governments for Videoconference (VTC) Network Services
2. Impact: This interlocal agreement will provide VTC services to the City’s
Emergency Operations Center (EOC). This will be a key communications system
that will connect the regional EOC’s for major events such as the Super Bowl and
for disaster response.
3. This interlocal agreement is for the period of September 30, 2010, through
August 30, 2011.
4. The EOC has purchased and installed a VTC system with grant funds. VTC
services and expenses will be funded with Homeland Security grant funds.
5. An additional VTC to be installed at City Hall will be purchased with Homeland
Security grant funds.
6. Funding in the amount of $1,000 is available in the Emergency Management Grant
Fund.
Recommendation

8 Resolution -- Approving the Trust Fund Agreement with North Texas Super
Bowl XLV Host Committee, Inc.
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: By contributing $150,043 to the Major Events Trust Fund, the City will be
eligible for reimbursement from the Fund up to the amount of $687,700 for its
additional operating and capital costs associated with hosting the Super Bowl
related events in Irving.
3. The Major Events Trust Fund is created by the State Comptroller with contributions
from endorsing municipalities. The State will contribute 6.25 times the amount the
cities contribute. This provides funding for the added municipal costs to host a
Super Bowl.
4. The Comptroller determined that the incremental increase in certain sales and use,
hotel occupancy and mixed beverage tax receipts to be collected by or on behalf of
the City directly attributable to the Superbowl is $329,658. The Host Committee will
prepare an analysis of the event related projected revenues after the event.
5. The City has already agreed on behalf of the Irving Convention and Visitors Bureau
to contribute $175,860 to the Host Committee. The Host Committee will remit
$105,946 of that payment to the City, which will then be contributed to the Trust
Fund, along with $44,097 in General funds for a total of $150,043 contribution to the
Trust Fund.
ICVB contribution to Host Committee $175,860
Host Committee payment to Trust Fund ($105,946) funds
Net payment to Host Committee $69,914
Contributions to the Event Trust Fund

City General Fund $44,097
Host Committee Contribution $105,946
Total: $150,043
City's maximum estimated event costs: $687,700 ICVB + General Fund costs $219,957
Maximum reimbursement from Trust Fund: ($687,700) Projected Revenue Increase $329,658
Total cost to city: $0 Revenue Impact to City: $179,615
6. The Chief Financial Officer will analyze Hotel Occupancy Tax receipts for the
quarter ending March 2011 to estimate added revenue attributable to the Super
Bowl. The ICVB contribution will be reimbursed from this added revenue prior to
allocation to the other HOT recipients.
7. Initially, the city was asked to contribute a total of $325,903 to the Event between
ICVB and General Fund. Staff negotiations with the host committee reduced the
city’s contribution by $105,946 with no decrease in the total potential
reimbursement amount.
8. Funding in the amount of $44,097 is available in the General Fund and funding in
the amount of $105,946 will be available upon receipt from the Host Committee.
Recommendation

9 Resolution -- Approving an Economic Incentive Agreement Between the
City of Irving and Consolidated Electrical Distributors, Inc.
2. Impact: Approval of this agreement will allow the City of Irving to attract a
Consolidated Electrical Distributors, Inc. (CED) to Irving which will allow the City to
become the point of sale for at least $75 million in taxable sales annually.
3. CED will create at least 80 new full-time jobs with an average annual salary of at
least $75,000 before benefits.
4. CED has purchased the building located at 1920 Westridge Drive.
5. CED will generate at least $75 million in taxable sales that will generate at least
$750,000 in sales tax for the City of Irving annually.
6. The agreement provides a $300 job credit for a minimum of 50 full-time jobs up to a
maximum of 80 full-time jobs if residency in Irving is maintained for a continuous
three year period. Maximum amount of this incentive is $24,000.
7. The agreement also provides for a rebate of personal property taxes paid to the City
of 30% per year for five years if the value of the business personal property is at at
least $2,000,000 above the 2010 base year values. Estimated value of this
incentive is $17,283.
8. The final incentive is a 50% rebate of collected sales tax for 10 years. Estimated
value of this incentive is $3,750,000.
9. In order to receive these incentives, CED must employ at least 80 full-time
employees earning at least $75,000 before benefits during the term of this
agreement. CED must also use at least 200 City of Irving hotel room annually,
continuously occupy at least 20,000 square feet of their building during the term of
this agreement, maintain a business personal property value of at least $2,000,000
above the 2010 tax year base value and generate at least $75,000,000 in taxable
sales in the City of Irving.
Recommendation

10 Resolution -- Approving an Interlocal Agreement Between the City of Irving
and the Dallas County Utility and Reclamation District (DCURD) for the
Desiltation of District Waterways and the Maintenance of the Levee,
Waterway Slopes, and Structures
1. This item supports Strategic Goal No. 9: Infrastructure Network and No. 10:
Environmentally Sustainable Community.
2. Impact: This Interlocal Agreement provides partnering opportunities between the
City of Irving and DCURD to provide funding assistance for the dredging of District
canals, lakes, and waterways to maintain proper depths and water quality as well as
to provide adequate cross sections for water conveyance and for the maintenance
of the levee, waterway slopes, and structures.
3. These maintenance provisions satisfy the Texas Commission on Environmental
Quality’s (TCEQ) requirements for the City of Irving’s Texas Pollutant Discharge
Elimination System (TPDES) permit.
4. Funding in the amount of $384,000.00 is available in the Municipal Drainage Utility
Bond Fund.
Recommendation

and the Irving Flood Control District Section I for Desiltation and
Maintenance Related to District Waterways
1. This item supports Strategic Goal No. 9: Infrastructure and No. 10: Environmentally
Sustainable Community.
2. Impact: The Interlocal Agreement provides partnering opportunities between the
City of Irving and Irving Flood Control District Section I for all design, construction,
permitting, repairs, operation and maintenance of the District’s levees, sumps,
channels, interior drainage facilities and pump stations using District engineers,
contractors and personnel.
3. This Interlocal Agreement meets a requirement of the Texas Commission on
Environmental Quality (TCEQ) for our Texas Pollutant Discharge Elimination
System (TPDES) Storm Water Permit to preserve the water quality of our
waterways.
Bond Fund.
Recommendation

12 Resolution -- Approving a Discretionary Service Agreement Between the
City of Irving and Oncor Electric Delivery Company, LLC, for Phase 1 - Part
3 Undergrounding of Existing Aerial Utilities at Las Colinas Boulevard
Between Lake Carolyn Parkway and Fuller Drive
1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,
No. 3: Economic Development, and No. 9: Infrastructure.
2. Impact: This project will provide for the undergrounding of existing aerial utilities
adjacent to Las Colinas Boulevard between Lake Carolyn Parkway and Fuller Drive.
It will improve the visual impression of the area, promote economic development,
and reduce the possibility of power outages caused by inclement weather events.
3. The Las Colinas Association, in the cooperative completion of the Las Colinas area
utility undergrounding project, will fund 35% of this agreement.
4. Funding in the amount of $94,694.00 is available in the Non-Bond CIP Fund and
Street Improvement Bond Fund.
Recommendation

and Dallas County Community College District for Proposed
Improvements to the North Lake College South Campus
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: This interlocal agreement will construct a 12’ wide lighted trail with benches
and emergency call stations on the North Lake College South Campus. It will
provide a recreation trail link from Shady Grove Trail to Tim Markwood Park.
3. This agreement provides the framework for the implementation of recreation
improvements on the South Campus. The planning will be accomplished with in-
house planning staff and funded by the city. All plans and construction will be
coordinated with the Dallas County Community College District (DCCCD) staff.
4. The city agreed in 2009 to construct $400,000.00 in improvements on the South
Campus in exchange for approximately seven acres of DCCCD property needed for
the DART Orange Line.
5. The improvements will include demolition of an old concrete parking lot and building
slab, brush clearing and tree pruning, 12’ wide concrete trail, trail lighting, benches,
emergency call boxes and grading as needed.
6. The agreement has a two-year term for the completion of the work from the time the
interlocal agreement is approved and signed by both parties.
Recommendation

14 Resolution -- Approving a Revised Joint Use Agreement Between the City
of Irving and the Dallas County Community College District (DCCCD) to
Provide Joint Use of North Lake College Property for Public Mass Transit
Facilities, Including the DART Light Rail Orange Line
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This agreement will allow for the DART Light Rail Transit (LRT) Orange
Line to be constructed through the North Lake College campus.
3. The construction plans for the DART LRT Orange Line across the North Lake
College campus property have been modified to reduce the bus area and to add a
Traction Power Sub-Station (TPSS) requiring the modification of the Joint Use
Agreement approved by Council Resolution No. 2009-84 on February 19, 2009.
4. This revised Joint Use Agreement is on the agenda for the Dallas County
Community College District’s (DCCCD) 2010 board meeting.
Recommendation
15 Resolution -- Supporting the Home Mortgage Interest Deduction and Its

Impact to the Irving Housing Market
2. Impact: Continuation of the income tax deduction for home mortgage interest will
benefit the Irving housing market.
3. Home ownership is a valuable and critical factor for community sustainability.
4. Home owners have been provided an income tax deduction for their home
mortgage interest and taxes for almost 100 years. The federal panel reviewing debt
reduction considered elimination or decreasing of the home mortgage interest
deduction.
5. Studies have shown the loss of this deduction could erode home values by as much
as 15%, increase foreclosures, and impede new home purchases.
6. The city supports policies that take into account the wide-range usage of this
deduction and its contribution to the economic and societal growth that a strong
housing industry brings to communities.
7. This resolution should be conveyed to our local federal and state representatives.
Recommendation

16 Resolution -- Approving a Fee Agreement with Smith, Jackson, Boyer &
Bovard P.L.L.C. to Conduct a Review of the Entertainment Center’s
Expenditures
2. Impact: This contract will provide the services necessary to conduct a
comprehensive review of the Entertainment Center’s expenditures.
3. Funding in the amount of $51,000.00 is available in the Brimer Fund.
Recommendation
17 Resolution -- Authorizing the Submittal of a Substantial Amendment to the

2009-2014 Consolidated Plan to the U.S. Department of Housing and Urban
Development for the Use of Federal Funding in Support of Public
Improvements (Postponed at The November 11, 2010 City Council
Meeting)
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: The amendment authorization will allow for public improvement projects
that support neighborhood redevelopment, revitalization and basic infrastructure
enhancements.
3. The City Council adopted the FY 2009-10 Housing and Human Services
Department Annual Action Plan and the FY 2009-2014 Consolidated Plan on July
23, 2009, which included the authorization to use $275,000 of Community
Development Block Grant (CDBG) funding for public improvement projects.
4. The Housing and Human Services Board approved the allocation of Community
Development Block Grant (CDBG) funds for Public Improvements in the target area
of MacArthur Boulevard as part of the FY 2009-10 Action Plan at the July 15, 2009
meeting. Initially the funds were allocated for street lighting but after determining
that ownership would be with the utility provider, the Capital Improvements
Department researched and recommended fencing enhancements. The
recommended corridor fencing is within the same target area along both sides of
MacArthur Blvd. between 6th Street and Markwood Park. The project, which
coincides with the City Council’s key focus area of Corridor Enhancements, calls for
the construction of approximately 2,400 linear feet of treated cedar fencing, with
stone column accents at an estimated cost of $274,000.
5. Housing and Human Services staff has evaluated the project and determined that it
is an eligible, reasonable, and prudent usage of these grant funds. This project is
beneficial in that it not only includes neighborhood buffering, and enhancements but
the removal of existing dilapidated/substandard fencing.

6. A briefing to update the HHS Board of the revised usage of these public
improvement funds was provided at the September 15, 2010 meeting. Additionally,
this item was presented as a staff recommendation for approval at the October 20,
2010, meeting, and the HHS Board voted not to endorse the staff recommendation.
The vote was 4-3 (Against – Jenkins, Faust, Smith, DiPietro; For – Dickens,
Beeman, Shlipak)
7. At the November 11, 2010, Council meeting staff was given the direction to take
this item back to the Housing and Human Services Board for additional discussion
at its next meeting followed by a presentation to the Community Services
Committee. The HHS Board discussed this item at the November 17, 2010,
meeting. The first motion considered was to approve the project as presented by
staff, and such motion failed by a 3-6 vote (For – Shlipak, Richards, and Dickens;
Against – Jenkins, DiPietro, Faust, Smith, Beeman, and Moon). Later on during the
meeting, the Board took up the item again at the request of Board member
Richards. Mr. Richards’ motion was to approve the item with a cap of $150,000
contribution to the project from the Community Development Block Grant.
Discussion as a result of the meeting yielded the following viewpoints. Board Chair
Jenkins expressed that she and the Board were in favor of the project, just at a
reduced funding amount. Board member Ms. Faust indicated that she was opposed
to any funding for infrastructure unless it was directly related to a housing
development. The vote was in favor by a 5-4 vote (For – Jenkins, Smith, DiPietro,
Moon and Richards; Against – Dickens, Shlipak, Beeman and Faust).
8. The Community Services Committee will meet to discuss this item on December 9,
2010 at 4:00pm.
Recommendation

Bids & Purchasing Items
Items 18 - 26
18 Resolution -- Authorizing Staff to Negotiate an Engineering Services

Agreement with RJN Group, Inc., for a Sanitary Sewer Evaluation Survey
(SSES)
2. This item has been recommended by Water Utilities.
3. Impact: This SSES project is required by the TCEQ and will include field testing
and analysis of sanitary sewers to develop a prioritized list of rehabilitation, repair
and replacement projects for a portion of the Southwest Irving Interceptor Basin.
4. This project will require equipment and expertise that the City of Irving does not
have and would be too costly since it would not be continuously used.
5. City staff administered a Request for Qualifications to select an engineering firm for
these services. Five RFQ responses were received and evaluated by staff.
6. The RFQ Response submitted by RJN Group, Inc. best meets the criteria
established in the RFQ. The team put together by RJN Group, Inc., has a great
deal of experience executing projects similar to this one, including previous projects
here in Irving.
7. This is the first step of a two-step process to contract with RJN, Inc. Upon approval
of this resolution, staff will begin negotiations on an Engineering Services
Agreement with RJN Group, Inc. and will place the completed agreement on a
future City Council Agenda for consideration and approval.
Recommendation
19 Resolution -- Canceling the Contract with DMD Consultants, Inc., for

Painting Fire Hydrants
3. Impact: The department believes it is in the best interest of the city to rebid this
contract in anticipation of better pricing in a more competitive market.
4. The City is exercising the contractual 30-day cancellation notice without cause
option. Specifications will be revised and released for competitive bids at a later
date.
Recommendation

20 Resolution -- Renewing the Annual Contract with Waste Partners of Texas,
Inc., dba Jackpot Sanitation Services (formerly Texas Toilets) for Portable
Toilet Rental and Cleaning Services
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. This item has been recommended by Parks and Recreation Department.
3. Impact: Providing portable restroom facilities for use in City parks, athletic facilities
and during special events provides an important service to our citizens and helps
maintain a healthy outdoor environment.
4. This renewal establishes the continuation of an annual contract to provide portable
toilet rental and cleaning services. The original contract was awarded on the basis
of competitive bids.
5. Funding in the net estimated annual amount of $39,520.46, for a total of $79,040.92
for this two-year contract is available in the General Fund.
FY2012-13
FY2011-12 Est. Exp.
Est. Exp. (Future FY-
FY2010-11 (Future FY- Budget Not Total Two-
Est. Exp. Budget Not Yet Yet Year
Vendor (Current FY) Approved) Approved) Est. Exp.
Waste Partners of Texas, Inc. dba Jackpot
Sanitation Services (formerly Texas Toilets) $29,449.00 $39,520.46 $10,071.46 $79,040.92
Two-year renewal contract Jan-Sep Oct-Sep Oct-Dec

9 mos. 12 mos. 3 mos.
Recommendation
21 Resolution -- Approving and Accepting the Bids of Crouch Sand & Gravel,
Inc., and Lowery Sand & Gravel Co Inc., for Annual Contracts to Provide
Park Grounds Maintenance Materials
Environments.
2. This item has been recommended by Parks & Recreation.
3. Impact: The maintenance of park grounds, playgrounds, athletic fields and walking
tracks is required to provide a safe, functional, and attractive outdoor environment
for our customers.

4. This award establishes annual contracts for the continuation of providing park
grounds maintenance materials.
5. Funding in the net estimated annual amount of $55,500.00 for this one-year
contract will be available in the General Fund.
FY2011-12
Est. Exp.
FY2010-11 (Future FY- Total One-
Est. Exp. Budget Not Yet Year
Vendor Item(s) (Current FY) Approved) Est. Exp.
Crouch Sand & Gravel, Inc. 1, 2, & 4 $31,458.33 $6,291.67 $37,750.00
Lowery Sand & Gravel Co Inc. 3 $14,791.67 $2,958.33 $17,750.00
Total Estimated Amount $46,250.00 $9,250.00 $55,500.00
Dec-Sep Oct-Nov
(10 mos.) (2 mos.)
Recommendation
22 Resolution -- Awarding the Contract to Kraftsman Playground & Park

Equipment for the Purchase and Installation of two Circulating
Sprayground Systems through the State of Texas Local Government
Statewide Cooperative Purchasing Program Administered by the Texas
Association of School Boards (the BuyBoard Program)
Environments.
2. This item has been recommended by Capital Improvement Program Team.
3. Impact: These installations will provide new aquatic amenities for the City with a
longer operational season and more daily hours of use.
4. The spraygrounds will not require any new staff positions for daily operations. The
facilities will feature recirculation of water and have lower overall operational costs.
5. This contract will provide design, purchase, and installation of two sprayground
systems, one for Northwest Park and one for Southwest Park.
6. This aquatic amenity will be a neighborhood zero-depth interactive aquatic
sprayground system which features flush mounted bubblers, fountains, and pole –
mounted spray elements along with vertical interactive elements on a concrete
surface.
7. This project has a construction budget of $1,100,000. City staff will coordinate the
installation of the sprayground systems with the remaining elements of the design,
which includes shade canopies, site furnishings, building renovations, landscape,

irrigation, lighting, and pavement installations. The remaining $411,884.08 will be
used for these remaining items.
8. Funding in the net amount of $688,115.92 is available in the Park Improvement
Bond Fund.
FY2010-11 Award Total Award
Vendor Item(s)
(Current FY) (Current FY)
Kraftsman Playground & Southwest Park $345,407.24 $345,407.24
Park Equipment Northwest Park $342,708.68 $342,708.68
(Total One-time only) $688,115.92 $688,115.92
Recommendation
23 Resolution -- Approving the Purchase from Libra-Tech Corporation for

Furnishings for the West Irving Library through the State of Texas Local
Government Statewide Cooperative Purchasing Program Administered by
the Texas Association of School Boards (the BuyBoard Program)
Environments.
2. This item has been recommended by Capital Improvement Program Team and
approved by the Parks and Library Services Team.
3. Impact: This award provides a portion of the assorted furnishings for the newly
constructed 25,000 square foot West Irving Library.
4. Some items in this award are book shelves, upholstered chairs, and tables.
5. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on
this award is 100%.
6. Funding in the net amount of $208,496.47 is available in the Library Bond Fund.
These items are funded through previously approved bonds.
Vendor (Current FY) (Current FY)
Libra-Tech Corporation
$208,496.47 $208,496.47
(One-time only)
Recommendation

24 Resolution -- Approving the Purchase from Intelligent Interiors, Inc., for
Furnishings for the West Irving Library through the Texas Multiple Award
Schedule (TXMAS) Local Government Statewide Cooperative Purchasing
Program
Environments.
4. Some of the items in this award are tables and upholstered chairs for the adult and
children’s areas, and the teen lounge area.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
100%.
Intelligent Interiors, Inc.
$61,850.00 $61,850.00
(One-time only)
Recommendation

25 Resolution -- Approving the Purchase from AGATI, Inc., for Furnishings for
the West Irving Library through the Texas Multiple Award Schedule
(TXMAS) Local Government Statewide Cooperative Purchasing Program
Environments.
4. Some items in this award are study/reading tables, computer lab tables, and
computer stations.
AGATI, Inc.
$105,654.00 $105,654.00
(One-time only)
Recommendation
26 Resolution -- Awarding the Single Source Agreement to Black Box

Network Services for the Purchase of a 3-Year PASS PLUS Program for the
Citywide Telecommunication System
1. This item supports Strategic Goals No. 6: Effective Communications and No. 9:
Infrastructure Network.
2. This item has been recommended by Information Technology.
3. Impact: The 3-Year Pass Plus program is necessary to maintain manufacturer’s
software support for the citywide telecommunication system. This provides for a
no-charge software release upgrade to the latest software release during the
coverage period. In the event this maintenance is not purchased, the city would
incur an upgrade charge of $180,000 (est.) every two years to maintain the phone
system software. If the software versions are not maintained, then the
telecommunication system will not be supported by the manufacturer and any
failures would result in a loss of all phone service including Police and Fire
Administration lines.

4. Funding in the net annual amount of $32,971.84 for a total of $98,915.51 for this
three-year contract is available in the General Fund.
FY2011-12 FY2012-13 Total
FY2010-11 Award Award Three-Year
Vendor Award (Future FY- (Future FY-
Award
(Current FY) Budget Not Yet Budget Not Yet
Approved) Approved)
Black Box Network
Services
(3-year agreement with
$32,971.84 $32,971.84 $32,971.84 $98,915.52
fixed yearly pricing payable
at the beginning of each
12-month period)
Recommendation
End of Bids
27 Ordinance -- Amending Chapter 7 “Billboards and Signs” of the Land

Development Code of the City of Irving, Texas; Providing Penalty, Savings,
Severability, and an Effective Date.
1. This item supports Strategic Goals No. 6: Communication and No. 8: Sound
Governance.
2. Impact: Amending the sign ordinance as proposed will allow businesses to install
digital [electronic] signs by right with some limitations. This will reduce the number
of special sign permit [variance] cases that must be heard and approved by the City
Council
3. The proposed amendments will:
A. Without requiring a variance, allow the installation of electronic sign panels with
a maximum area of 40 square feet on:
• Monument signs that do not exceed 70 square feet in area, are a maximum 7
feet in height, and are oriented perpendicular to the primary road
• Wall or canopy signs that comply with the dimensional limitations of this
ordinance, and are limited to no more than one image change per day
B. Require compliance with performance standards such as minimum eight second
displays and automatic brightness adjustment.
C. Require a minimum separation of 100 feet from residentially zoned property.
4. The amendments will be effective upon the passage of this ordinance.
5. These amendments were presented to the Planning and Development committee
on October 21, 2010.
Recommendation
The ordinance be adopted.

28 Ordinance -- Designating a Certain Contiguous Geographic Area in the
City of Irving as "Tax Increment Reinvestment Zone Number Two, City of
Irving, Texas - Irving Boulevard"; Providing the Effective and Termination
Dates for the Zone; Establishing a Tax Increment Fund for the Zone; and
Containing Other Matters Related to the Zone
2. Impact: Creation of the Tax Increment Finance Zone Number Two - Irving
Boulevard (TIF #2) will provide a dedicated revenue source and plan to stimulate,
guide and sustain the long-term redevelopment initiative for the Irving Boulevard
corridor.
3. A TIF is not a tax. A TIF merely sets aside a portion of the tax revenue generated
by the overall increase in value of the property within the TIF and applies that tax
revenue to projects and initiatives within the TIF.
4. Public involvement included presentations to the Heritage Crossing
Communications Committee, the City Council Audit and Finance Committee, and a
public informational and input meeting that was held at the Heritage Senior Center
on November 18.
5. The TIF #2 shall take effect upon the adoption of this ordinance and terminate on
December 31, 2040. Approximately $86 million in TIF revenue is expected to be
generated over the 30-year term from the City of Irving and Dallas County. Dallas
County’s participation is limited to 20 years.
6. The TIF #2 will be governed by a 13-member advisory board of directors appointed
by the council and one representative appointed by Dallas County.
Recommendation

APPOINTMENTS AND REPORTS
29 Resolution -- Confirming the Appointment of the Friends of the Library
Liaison to the Library Board
2. Impact: Ordinance 2010-9221, adopted November 11, 2010 added a member
designated as the Friends of the Library Liaison. This resolution allows Council to
confirm that appointment.
Recommendation
30 Resolution -- Appointments to the Irving Flood Control District Section III

to Fill Two-Year Terms Expiring January 2013
2. Impact: The board is responsible for maintaining flood control programs in Section
III (Valley Ranch area).
3. The board members must own taxable land within the district.
Recommendation
31 Mayor’s Report
32 Adjournment
Citizens’ Forum
Citizens are invited to speak for three (3) minutes on matters relating to City government and
on items not listed on the regular agenda.

2
WORK SESSION MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
November 10, 2010
The Irving City Council met in work session November 10, 2010 at 11:18 a.m. The following
members were present/absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Late 12:17 PM
Minutes Acceptance: Minutes of Nov 10, 2010 11:00 AM (CONSENT AGENDA)

Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present
DISCUSSION TOPIC
1 Introduction of City Council Cycle Participants
Linda Murray, Executive Assistant, introduced the following City Council Cycle
participants:
Mike Sheets, Micro-Computer Specialist
Ray Cerda, Recreation Manager
2 Review of Regular Agenda

Tommy Gonzalez, City Manager, will present the operations update at tomorrow
night’s meeting.
7 Resolution -- Reimbursing the City of Irving for Capital Expenditures for Streets,
Parks, Libraries, Water/Sanitary Sewer Projects and Municipal Drainage Public
Improvements in Advance of the Fiscal Year 2011 Bond Sales
Max Duplant, Chief Financial Officer, explained the process of a reimbursement

resolution and the need for why the City does them each year.
8 Resolution -- Authorizing the Mayor to Waive the City of Irving’s Allocation of

State of Texas Recovery Zone Bonds
Max Duplant, Chief Financial Officer, provided an overview of how the Davis-
Bacon Act impacts the allocation of State of Texas Recovery Zone Bonds.
9 Resolution -- Approve Allocating Savings Associated with the Refunding of

General Obligation Bonds as a Loan to Provide Payment Relief to a Portion of
the Convention Center Certificates of Obligation, Series 2001 and 2009, and
the Terms of Repayment of the Loan.
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City Council Work Session

November 10, 2010
Max Duplant, Chief Financial Officer, explained the restructuring of existing

General Obligation (G.O.) debt and allocating savings and capacity associated
with the restructured G.O. bonds to provide payment relief to a portion of the
2001 Convention Center Certificates of Obligation through 2019, so that the
City’s tax rate will not increase as a result of the deficiency to make payments
on the Convention Center certificates of obligation.
14 Resolution -- Approving a Sales Contract for the Acquisition of Property Located

at 124 South O’Connor Road

Paul Gooch, community Services Director, described the land acquisitions,
noting that the purchases will be funded by North Central Texas Council of
Governments (NCTCOG). He gave an overview of the Heritage Crossing
Communications Committee’s recommendation to have control of the property
remain with the City. An updated sales contract has been distributed to the
Council.
Council and staff discussed the third-party appraisals required by NCTCOG and
the different values reported by the Dallas Central Appraisal District noting the
appraisals reflect current market values. Councilman Gallaway requested copies
of the appraisals.
Doug Janeway, Chief Development Officer, stated that the purchase amounts
will be credited to the Comerica credit facility which gives funding flexibility for
future redevelopment opportunities.
16 Resolution -- Adopting the City of Irving’s Legislative Program for the 2011 82nd
Session of the Texas Legislature
Jonathan Bazan, Assistant Director of Intergovernmental Services, presented an

overview of Legislative issues for the 2011 82nd Texas Legislative session.
29 Resolution -- Approving the Single Source Award to Black Box Network

Solutions for the Purchase of an E911 Alert System
Larry Boyd, Police Chief, noted that staff is recommending this item be pulled
from the agenda for further review.
31 Ordinance -- Waiving the Statutory Maximum Contribution Rate to the Texas
Municipal Retirement System Under Chapter 855 of the Texas Government
Code.
Charles Anderson, City Attorney, informed the Council that the City is meeting
its Charter requirement to stay within the cap. The City does have to pay the
rate that TMRS is requiring but this is not an indication that the City is above its
Charter cap.
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November 10, 2010
ZONING CASES AND COMPANION ITEMS

38 Resolution -- Approving Special Sign Permit #S1006-0009 to Construct a Five
Foot Tall Wall Sign in Lieu of a Three Foot Tall Wall Sign Previously Approved
by City Council - Property Located at 302 West Irving Boulevard - McDonald’s
Corporation, Applicant/Owner
Ken Bloom, Chief Planner, presented the applicant’s request for a wall sign. He
noted staff recommends approval of the request.
39 Resolution -- Approving Special Sign Permit #S1009-0047 to Allow Digital Signs

on Existing Theme Tower - Property Located at 2190 East John Carpenter
Freeway - Clear Channel Outdoor, Applicant - Greater Irving-Las Colinas
Chamber of Commerce, Agent
Ken Bloom, Chief Planner, presented the applicant’s request to allow a digital
sign on a theme tower. He noted staff recommends approval of the request.
40 Resolution -- Approving Special Fence Plan #ZC10-0008 to Allow a Variance to

the Fence Ordinance to Use Electrically Charged Fences - Located at 3100
South Belt Line Road - Sentry Security Systems, Applicant - FedEx Freight East
Inc., Owner (Postponed at the September 23, 2010 City Council Meeting)
Ken Bloom, Chief Planner, presented the applicant’s request to allow an electric
fence on South Belt Line Road. He noted staff recommends denial of the
request.
41 Ordinance -- Zoning Case #ZC10-0035 - Granting S-P-2 (Generalized Site Plan)

for R-7.5 (Single Family) Uses - Approximately 1.9 Acres Located at 1328 Etain
Road - Jose Rodriguez, Applicant/Owner
Ken Bloom, Chief Planner, presented the applicant’s request for redevelopment
of a current residential lot into two residential lots. He noted staff recommends
approval of the request.
42 Ordinance -- Zoning Case #ZC10-0038 - Granting S-P-1 (Detailed Site Plan) for
R-AB (Restaurant with Accessory Use of the Sale of Alcoholic Beverages for
On-Premise Consumption) Uses - Approximately 2,273 Square Feet Located at
975 West John W. Carpenter Freeway - D.C. Rightside, Applicant - Dunhill
Partners, Owner
Ken Bloom, Chief Planner, presented the applicant’s request for a restaurant
with alcohol sales. He noted staff recommends approval of the request.
ML-20 (Light Industrial) Uses - Approximately 1.8 Acres Located at 2436 River
Hill Road - JDJR Engineers, Applicant - AAA Auger Holdings, Inc., Owner
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November 10, 2010
Ken Bloom, Chief Planner, presented the applicant’s request to allow a reduced
setback between buildings. He noted staff recommends approval of the request
stating the proposed improvements to the property will make a positive impact in
the area.
Wall Signs - Approximately 0.21 Acres Located at 212 West Irving Boulevard -
JPT Graphics, Applicant/Owner
Ken Bloom, Chief Planner, presented the applicant’s request to allow additional

wall signage on Irving Boulevard. He noted staff recommends approval of the
request, including waiving the application fee.
Council recessed at approximately 1:25 p.m.
Council reconvened at approximately 2:10 p.m.
Work session items 3-8 were not presented at today's meeting. Staff convened straight into
executive session.
3 Strategic Plan Goal 6 Results

This item was not discussed at today's meeting.


6 Volunteers in Policing
7 Community iALERT Program

8 TIF No. 2 - Irving Boulevard
4
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November 10, 2010
EXECUTIVE SESSION
Council convened into executive session pursuant to Section 551.071 of the Texas Local
Government Code at approximately 2:21 p.m.
9 Legal Advice - Entertainment Venue

Texas Open Meetings Act § 551.071
10 Legal Advice - Potential Lawsuit against Dallas Area Rapid Transit

11 Legal Advice - DFW Revenue Sharing Agreement

Council reconvened from executive session at approximately 4:37 p.m.
Council adjourned at 4:37 p.m.
___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Shanae Jennings, TRMC
City Secretary
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REGULAR MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
November 11, 2010
~
The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, November 11, 2010 at 7:14 p.m. The following members were
present/absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Absent
Allan Meagher Irving City Council Councilman Present
Minutes Acceptance: Minutes of Nov 11, 2010 7:00 PM (CONSENT AGENDA)

Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present
ORGANIZATIONAL SERVICE ANNOUNCEMENTS
Sharon Barbosa-Crain, 2608 Alan-A-Dale, Irving, TX. - Ms. Barbosa-Crain invited

everyone to a special concert in honor of Veteran’s Day. She also wanted to thank the
Council for the Veteran’s Park Celebration today at the library.
Kass Prince, 305 San Mateo Court, Irving, TX. - Ms. Prince invited everyone to attend
the Irving Arts Center Holiday Open House; it will be held on December 3, 2010, from
5:30 p.m. until 7:30 p.m. at the Irving Arts Center located at 3333 N. MacArthur Blvd.
INVOCATION
The invocation was delivered by Pastor Robert Corser, Joy Fellowship Foursquare
Church in the City of Irving, Texas.
PLEDGE OF ALLEGIANCE
Councilman Patrick led those present in the pledge.
PROCLAMATIONS AND ANNOUNCEMENTS
Mayor Pro Tem Cannaday asked Major Mark Craddock to come forward and presented
him with the Red Kettle Campaign Proclamation.
Mayor Pro Tem Cannaday asked Manager of Parks and Recreation Mike Griffith to
come forward and presented him and the members of the Tree Board that were present
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City Council Meeting

November 11, 2010
with the Arbor Day Proclamation.
Mayor Pro Tem Cannaday asked Linda Von Quintus, Group Manager of Public
Government Affairs and Anne O’Ryan, Public Policy Strategist and Legislative Advocate
to come forward and presented them with the Teen Driver Safety Week Proclamation.
CITY COUNCIL AGENDA

There was no operations update at tonight’s meeting.
CONSENT AGENDA
Motioned by Councilman Patrick, seconded by Councilman Gallaway to approve consent

agenda items 2-37, postpone item 29, and pull items 9, 13, 14, 20, 31, 32 and 33 for
discussion and individual consideration.
Motion approved 8-0.
2 Approving Minutes for Wednesday, October 20, 2010
3 Approving Minutes for Thursday, October 21, 2010
4 Resolution No. RES-2010-325 -- Authorizing the Mayor to Accept Funding

from the Office of the Governor, Criminal Justice Division, for a Gang
Initiative Grant
RESULT: ADOPTED [UNANIMOUS]

MOVER: Lewis Patrick, Councilman
SECONDER: Mike Gallaway, Councilman
AYES: Meagher, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy,
Gallaway
ABSENT: Herbert Gears
5 Resolution No. RES-2010-326 -- Authorizing the Mayor to Enter into an

Agreement with the Texas Department of Public Safety/State Administrative
2
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November 11, 2010
Agency (DPS/SAA) to Receive and Participate in the Fiscal Year 2010
Homeland Security Grant Program

Gallaway

6 Resolution No. RES-2010-327 -- Approving the Agreement Between the City

of Irving, Dallas County Department of Health and Human Services Older
Adult Services Program, and the Dallas Area Agency on Aging to Extend
Nutrition Services and Provide Daily Meals to Senior Citizens at the
Heritage Senior Activity Center through September 30, 2011

Gallaway
7 Resolution No. RES-2010-328 -- Reimbursing the City of Irving for Capital

Expenditures for Streets, Parks, Libraries, Water/Sanitary Sewer Projects
and Municipal Drainage Public Improvements in Advance of the Fiscal Year
2011 Bond Sales
3
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November 11, 2010

Gallaway
8 Resolution No. RES-2010-329 -- Authorizing the Mayor to Waive the City of

Irving’s Allocation of State of Texas Recovery Zone Bonds

Gallaway
9 Resolution No. RES-2010-330 -- Approve Allocating Savings Associated with

the Refunding of General Obligation Bonds as a Loan to Provide Payment
Relief to a Portion of the Convention Center Certificates of Obligation,
Series 2001 and 2009, and the Terms of Repayment of the Loan.
The following individual signed up to speak in opposition of this item:

Kensley Stewart, 3916 Tacoma Street, Irving, TX
The following individuals signed up in opposition of this item but did not wish to
speak:
Kenneth Ewing, 2524 Crestview Circle, Irving, TX
James Baker, 2724 Lake Gardens Drive, Irving, TX
Motioned by Councilman Philipp, seconded by Councilman Patrick to approve

allocating savings associated with the refunding of General Obligation Bonds as
a loan to provide payment relief to a portion of the Convention Center Certificates
of Obligation, Series 2001 and 2009, and the Terms of Repayment of the Loan.
4
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November 11, 2010

MOVER: Joe Philipp, Councilman
SECONDER: Lewis Patrick, Councilman
Gallaway
10 Resolution No. RES-2010-331 -- Awarding a Professional Services Contract

to Hidell and Associates Architects for the Design and Implementation of
the South Irving Library

Gallaway
11 Resolution No. RES-2010-332 -- Awarding a Contract to RKM Utility Services,

Inc., for 2009 Water Main Replacement Section III Project

Gallaway
12 Resolution No. RES-2010-333 -- Awarding a Contract to SYB Construction

Inc., for the Hard Rock Road and Pioneer Drive Paving Improvements
Phase 1A Project
5
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November 11, 2010

Gallaway
13 Resolution No. RES-2010-334 -- Approving a Sales Contract for the

Acquisition of Properties Located at 123 West Irving Boulevard and 100
Rock Island Road
The following individuals signed up to speak in opposition of this item:

Lorraine Taylor, 321 S. O’Connor Road, Irving, TX
speak:
Motioned by Councilman Stopfer, seconded by Councilman Patrick to approve a

sales contract for acquisition of properties located at 123 West Irving Boulevard
and 100 Rock Island Road.
Councilman Gallaway voted in opposition of this item.
RESULT: ADOPTED [7 TO 1]
MOVER: Rick Stopfer, Councilman
AYES: Meagher, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy
NAYS: Mike Gallaway
14 Resolution No. RES-2010-335 -- Approving a Sales Contract for the

Acquisition of Property Located at 124 South O’Connor Road
The following individual signed up to speak in opposition of this item:

Lorraine Taylor, 321 S. O’Connor Road, Irving, TX
6
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November 11, 2010
speak:
Motioned by Councilman Patrick, seconded by Councilman Stopfer to approve a

sales contract for the acquisition of property located at 124 South O’Connor
Road.

Councilman Gallaway voted in opposition of this item.
SECONDER: Rick Stopfer, Councilman
AYES: Meagher, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy
NAYS: Mike Gallaway
15 Resolution No. RES-2010-336 -- Approving a Fee Agreement with Omni

Mandalay Hotel at Las Colinas in Connection with the 14th Annual
Transportation and Infrastructure Summit

Gallaway
16 Resolution No. RES-2010-337 -- Adopting the City of Irving’s Legislative

Program for the 2011 82nd Session of the Texas Legislature
7
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November 11, 2010

Gallaway
17 Resolution No. RES-2010-338 -- Awarding 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

Gallaway
18 Resolution No. RES-2010-339 -- Approving Oncor Electric Delivery Company

LLC Facilities Extension Agreement for the Extension of Non-Standard
Delivery System Facilities to the Irving Convention Center

Gallaway
19 Resolution No. RES-2010-340 -- Approving and Accepting Bid of Partners by

Design, LLC for Portable Food Service Carts for the Irving Convention
Center
8
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November 11, 2010

Gallaway
20 Resolution No. RES-2010-341 -- Authorizing the Submittal of a Substantial

Amendment to the 2009-2014 Consolidated Plan to the U.S. Department of
Housing and Urban Development for the Use of Federal Funding in Support
of Public Improvements
The following individual signed up to speak in favor of this item:

Carole Shlipak, 1500 Colony Drive, Irving, TX
The following individuals signed up to speak in opposition of this item:

Phil Smith, 1802 Puritan Drive, Irving, TX
Mike DiPietro, 7300 Native Oak Lane, Irving, TX
Cynthia Faust, 400 Colony Court, Irving, TX
Motioned by Councilman Philipp, seconded by Councilman Farris to postpone

this item to the December 9, 2010 meeting in an effort to get additional answers
to questions that have been raised by the Housing and Human Services Board.
RESULT: POSTPONED [UNANIMOUS]

Next: 12/9/2010 7:00 PM
SECONDER: Gerald Farris, Councilman
Gallaway
21 Resolution No. RES-2010-342 -- Renewing Annual Contracts with Stark

Holding, Inc., (formerly Eurostaff) and Trend Personnel Services, Inc.,
(formerly Business Professional Staffing) for Temporary Personnel
Services
9
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November 11, 2010

Gallaway
22 Resolution No. RES-2010-343 -- Renewing Annual Contract with Intelight,

Inc., for Advanced Traffic Signal Controllers

Gallaway
23 Resolution No. RES-2010-344 -- Renewing Annual Contract with Structural &

Steel Products, Inc., for Standard Dark Bronze Signal Pole Assemblies

Gallaway
24 Resolution No. RES-2010-345 -- Renewing Annual Contract with MasTec

North America, Inc., for Freeway and Street Lighting Maintenance and On-
Call Services
10
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November 11, 2010

Gallaway
25 Resolution No. RES-2010-346 -- Renewing Annual Contract with

Consolidated Traffic Controls, Inc., for Vehicle Traffic and Pedestrian
Signal Heads

Gallaway
26 Resolution No. RES-2010-347 -- Renewing Annual Contract with Air-

Conditioning Innovative Solutions, Inc., for Chilled Water Compressor
Annual Maintenance and Service

Gallaway
27 Resolution No. RES-2010-348 -- Approving an Agreement Between the City

of Irving and Hunt County to Establish a Mutual Cooperative Purchasing
Program
11
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November 11, 2010

Gallaway
28 Resolution No. RES-2010-349 -- Approving and Accepting the Bid of Great

Southwest Meters, Inc., for an Annual Contract to Provide Large Water
Meter Testing and Repair

Gallaway
29 Resolution No. RES-2010-350 -- Approving the Single Source Award to Black

Box Network Solutions for the Purchase of an E911 Alert System
This item is being postponed.
RESULT: POSTPONED NO VOTE
30 Resolution No. RES-2010-351 -- Approving an Accepting the Bid from Unica

Janitorial Services for an Annual Contract to Provide Custodial Services for
the Irving Arts Center
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November 11, 2010

Gallaway
31 Ordinance No. ORD-2010-9218 -- Waiving the Statutory Maximum

Contribution Rate to the Texas Municipal Retirement System Under
Chapter 855 of the Texas Government Code.
speak:
Motioned by Councilman Stopfer, seconded by Councilman Patrick to waive the

Statutory Maximum Contribution Rate to the Texas Municipal Retirement System
under Chapter 855 of the Texas Government Code.

Gallaway
32 Ordinance No. ORD-2010-9219 -- Consider and Take Action on an Ordinance

Authorizing the Issuance of City of Irving, Texas, General Obligation
Refunding and Improvement Bonds, Series 2010A, in an Aggregate
Principal Amount Not to Exceed $42,000,000; Providing for the Award of
the Sale Thereof in Accordance with Specified Parameters; Authorizing the
Execution and Delivery of a Purchase Contract Relating to Said Bonds;
Authorizing the Execution and Delivery of a Paying Agent/Registrar
Agreement, an Escrow Agreement and a Disclosure Counsel Engagement
Letter; Approving the Official Statement; and Enacting Other Provisions
Incident and Relating to the Subject and Purposes of This Ordinance
13
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November 11, 2010
Motioned by Councilman Stopfer, seconded by Councilman Patrick to approve
Action on an Ordinance Authorizing the Issuance of City of Irving, Texas,
General Obligation Refunding and Improvement Bonds, Series 2010A, in an
Aggregate Principal Amount Not to Exceed $41,600,000; Providing for the Award
of the Sale Thereof in Accordance with Specified Parameters; Authorizing the
Execution and Delivery of a Purchase Contract Relating to Said Bonds;
Authorizing the Execution and Delivery of a Paying Agent/Registrar Agreement,
an Escrow Agreement and a Disclosure Counsel Engagement Letter; Approving
the Official Statement; and Enacting Other Provisions Incident and Relating to
the Subject and Purposes of This Ordinance.


Gallaway
33 Ordinance No. ORD-2010-9220 -- Consider and Take Action on an Ordinance

Providing for the Issuance of City of Irving, Texas, Waterworks and Sewer
System New Lien Revenue Refunding and Improvement Bonds, Series
2010, in an Aggregate Principal Amount Not to Exceed $76,000,000;
Providing for the Award of the Sale Thereof in Accordance with Specified
Parameters; Authorizing the Execution and Delivery of a Bond Purchase
Agreement Relating to Such Bonds; Authorizing the Execution and
Delivery of a Paying Agent/Registrar Agreement, a Disclosure Counsel
Engagement Letter and an Escrow Agreement; Approving the Official
Statement and Enacting Other Provisions Incident and Relating to the
Subject and Purposes of This Ordinance
Motioned by Councilman Stopfer, seconded by Councilman Patrick to approve

Action on an Ordinance Providing for the Issuance of City of Irving, Texas,
Waterworks and Sewer System New Lien Revenue Refunding and Improvement
Bonds, Series 2010, in an Aggregate Principal Amount Not to Exceed
$76,000,000; Providing for the Award of the Sale Thereof in Accordance with
Specified Parameters; Authorizing the Execution and Delivery of a Bond
Purchase Agreement Relating to Such Bonds; Authorizing the Execution and
Delivery of a Paying Agent/Registrar Agreement, a Disclosure Counsel
Engagement Letter and an Escrow Agreement; Approving the Official Statement
and Enacting Other Provisions Incident and Relating to the Subject and
Purposes of This Ordinance.
14
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November 11, 2010

Gallaway

34 Ordinance No. ORD-2010-9221 -- Amending Subsections (A) and (C) of
Section 20-3 and Subsection (B)(4) of Section 20-4 of Chapter 20 Entitled
"Library" of the Code of Civil and Criminal Ordinances of the City of Irving,
Texas, by Increasing the Voting Members from Seven (7) to Nine (9) and
Providing for Voting; and Providing a Severability Clause

Gallaway
35 Ordinance No. ORD-2010-9213 -- Final Reading -- Granting a Franchise to B

& B Waste Transit, Inc., for Solid Waste Collection Services Pursuant to
Chapter 33 of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas

Gallaway
15
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November 11, 2010
36 Ordinance No. ORD-2010-9222 -- Authorizing the Abandonment of a 16-Foot
Alley Between West Irving Boulevard and West Rock Island Road, West of
Main Street


Gallaway
37 Ordinance No. ORD-2010-9223 -- Authorizing the Abandonment of a Portion

of Tucasa Drive from State Highway 183 to Approximately 1142 Feet South

Gallaway
ZONING CASES AND COMPANION ITEMS
38 Resolution No. RES-2010-352 -- Approving Special Sign Permit #S1006-0009

to Construct a Five Foot Tall Wall Sign in Lieu of a Three Foot Tall Wall
Sign Previously Approved by City Council - Property Located at 302 West
Irving Boulevard - McDonald’s Corporation, Applicant/Owner
Mayor Pro Tem Cannaday opened the public hearing at approximately 8:55 p.m.
No one elected to speak at tonight’s public hearing.
Mayor Pro Tem Cannaday closed the public hearing at approximately 8:55 p.m.
Motioned by Councilman Farris, seconded by Councilman Stopfer to approve a

special sign permit #S1006-0009 to construct a Five Foot Tall Wall Sign in Lieu
of a Three Foot Tall Wall Sign Previously Approved by City Council - Property
16
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November 11, 2010
Located at 302 West Irving Boulevard - McDonald’s Corporation,
Applicant/Owner.

MOVER: Gerald Farris, Councilman

Gallaway
39 Resolution No. RES-2010-353 -- Approving Special Sign Permit #S1009-0047

to Allow Digital Signs on Existing Theme Tower - Property Located at 2190
East John Carpenter Freeway - Clear Channel Outdoor, Applicant - Greater
Irving-Las Colinas Chamber of Commerce, Agent
Motioned by Councilman Santoscoy, seconded by Councilman Philipp to

approve special sign permit S1009-0047 to allow digital signs on Existing Theme
tower - Property located at 2190 East John Carpenter Freeway - Clear Channel
Outdoor, Applicant - Greater Irving-Las Colinas Chamber of Commerce, Agent.

MOVER: Roy Santoscoy, Councilman
SECONDER: Joe Philipp, Councilman
Gallaway
40 Resolution No. RES-2010-157 -- Approving Special Fence Plan #ZC10-0008

to Allow a Variance to the Fence Ordinance to Use Electrically Charged
Fences - Located at 3100 South Belt Line Road - Sentry Security Systems,
17
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November 11, 2010
Applicant - FedEx Freight East Inc., Owner (Postponed at the September
23, 2010 City Council Meeting)
The applicant Cindy Gsell, Sentry Security Systems, 7608 Fairfield Road,
Columbia, SC 29203 presented the case.
Motioned by Councilman Patrick, seconded by Councilman Gallaway Approving

Special Fence Plan #ZC10-0008 to allow a variance to the fence ordinance to
use electrically charged fences - located at 3100 South Belt Line Road - Sentry
Security Systems, Applicant - FedEx Freight East Inc., Owner.

Gallaway
41 Ordinance No. ORD-2010-9224 -- Zoning Case #ZC10-0035 - Granting S-P-2

(Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 1.9
Acres Located at 1328 Etain Road - Jose Rodriguez, Applicant/Owner
Motioned by Councilman Farris, seconded by Councilman Meagher to approve

Zoning Case #ZC10-0035 - Granting S-P-2 (Generalized Site Plan) for R-7.5
(Single Family) Uses - Approximately 1.9 Acres Located at 1328 Etain Road -
Jose Rodriguez, Applicant/Owner.
Councilman Stopfer stepped away from the meeting.
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November 11, 2010
MOVER: Gerald Farris, Councilman
SECONDER: Allan Meagher, Councilman
AYES: Meagher, Patrick, Farris, Philipp, Cannaday, Santoscoy, Gallaway
AWAY: Rick Stopfer

(Detailed Site Plan) for R-AB (Restaurant with Accessory Use of the Sale of
Alcoholic Beverages for On-Premise Consumption) Uses - Approximately
2,273 Square Feet Located at 975 West John W. Carpenter Freeway - D.C.
Rightside, Applicant - Dunhill Partners, Owner
Motioned by Councilman Philipp, seconded by Councilman Farris to approve

zoning case #ZC10-0038 - Granting S-P-1 (Detailed Site Plan) for R-AB
(Restaurant with Accessory Use of the Sale of Alcoholic Beverages for On-
Premise Consumption) Uses - Approximately 2,273 Square Feet Located at 975
West John W. Carpenter Freeway - D.C. Rightside, Applicant - Dunhill Partners,
Owner.
AWAY: Rick Stopfer

(Detailed Site Plan) for ML-20 (Light Industrial) Uses - Approximately 1.8
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November 11, 2010
Acres Located at 2436 River Hill Road - JDJR Engineers, Applicant - AAA
Auger Holdings, Inc., Owner
Jim Dewey, JDJR Engineering Consultants, Inc., 2500 Texas Drive, representing
the applicant presented the case.
Motioned by Councilman Santoscoy, seconded by Councilman Patrick to

approve zoning case #ZC10-0040 - Granting S-P-1 (Detailed Site Plan) for ML-
20 (Light Industrial) Uses - Approximately 1.8 Acres Located at 2436 River Hill
Road - JDJR Engineers, Applicant - AAA Auger Holdings, Inc., Owner.
AWAY: Rick Stopfer

(Detailed Site Plan) for Wall Signs - Approximately 0.21 Acres Located at
212 West Irving Boulevard - JPT Graphics, Applicant/Owner
Motioned by Councilman Santoscoy, seconded by Councilman Farris to approve

zoning case #ZC10-0044 - granting S-P-1 (Detailed Site Plan) for Wall Signs -
Approximately 0.21 Acres Located at 212 West Irving Boulevard - JPT Graphics,
Applicant/Owner.
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November 11, 2010

Gallaway
APPOINTMENTS AND REPORTS

45 Resolution No. RES-2010-354 -- Confirming the Reappointment of Jan Bemis
by the City Manager as a Commissioner to Serve on the Fire Fighters’ and
Police Officers’ Civil Service Commission to Fill a Three-Year Term
Expiring November 2013
Motioned by Councilman Patrick, seconded by Councilman Stopfer to confirm the

reappointment of Jan Bemis by the City Manager as a Commissioner to serve on
the Fire Fighter’s and Police Officer’s Civil Service Commission to Fill a Three-
Year Term Expiring November 2013.

Gallaway
46 Resolution No. RES-2010-355 -- Appointments to Boards, Commissions, and

Committees, to Fill Two Year Terms Expiring November 2012, and Various
Unexpired Terms for the Following: Animal Services, Arts Board, Building
and Standards Commission, Construction Board of Appeals, Convention
and Visitors Bureau, Advisory Committee on Disabilities, Board of Health,
Housing and Human Services, Library , Museum, Parks and Recreation,
Planning and Zoning Commission, Youth Council, and Zoning Board of
Adjustments and Appeals
Motioned by Councilman Patrick, seconded by Councilman Stopfer, to make the

following Appointments to Boards, Commissions, and Committees, to Fill Two
Year Terms Expiring November 2012, and Various Unexpired Terms for the
21
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November 11, 2010
Following: Animal Services, Arts Board, Building and Standards Commission,
Construction Board of Appeals, Convention and Visitors Bureau, Advisory
Committee on Disabilities, Board of Health, Housing and Human Services,
Library , Museum, Parks and Recreation, Planning and Zoning Commission,
Youth Council, and Zoning Board of Adjustments and Appeals.
Animal Services Advisory Committee to Re-Appoint

Place 2 - Sarah Kammerer
Place 4 - Doctor Billy Burkett
Place 6 - Holly Elms

Arts Board to Re-Appoint
Place 2 - Robin Beggs
Place 4 - Francesca Funk
Place 8 - JoAnn Bresowar
Appoint
Place 6 - Elaine Niemeier
Place 10 - Richard Stewart
And Appoint
Place 9 - Ed Bowers to a term expiring 2011
Building and Standards Commission to Appoint

Place 2 - Sean Liu
Place 4 - Oscar Ward
Alternate - Place 2 - Tito Le
Construction Board of Appeals to Re-Appoint

Place 2 - Larry Taylor
Place 4 - Raymond Brown
Place 6 - Richard Comstock
Irving Convention and Visitors Bureau Board to Re-Appoint

Place 2 - Lisa Sturgeon
Place 4 - Robert Martinez
Place 6 - Chris Arrington
Place 8 - Gail Jackson
Place 10 - Bob Bula
Nonvoting Hotelier - Place 2 - Andrew Casperson
Nonvoting Member - Place 4 - Susan Skaggs
Dallas County Flood Control District No. 1 to Re-Appoint

Donna Leipsic
22
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November 11, 2010
And Appoint
Robert M. Nelson Jr.
Advisory Committee on Disabilities to Re-Appoint

Place 2 - Doug Mobley
Place 8 - Mary Tatro
Place 10 - Bob Davies
And Appoint
Place 4 - Marcia Pulich
Place 6 - Susan Motley

Board of Health to Re-Appoint
Place 4 - David Gutierrez
Place 6 - John Drake
Place 8 - Mary Kay Hartley
And Appoint
Place 2 - Doctor Michael Chiu
Housing and Human Services Board to Re-Appoint

Place 2 - Cynthia Faust
Place 4 - Michael DiPietro
Place 6 - Suzanne Beeman
Place 8 - Phil Smith
Library Board to Re-Appoint

Robert Gerard
Bobbie Thomas
And Appoint
Virginia Meler
Martha Watson
Museum Board to Re-Appoint

Place 6 - Jane Schwartzman
Place 8 - Doctor Clay Gilbert
And Appoint
Place 2 - Milosh Boroyevich
Place 4 - Shirley Chowritmootoo
Parks and Recreation Board to Re-Appoint

Place 2 - Marion Kwiatkowski
Place 3 - Charles Kirk
Place 4 - Larry Stipes
23
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November 11, 2010
Place 5 - Trivella Smith
And Appoint
Place 1 - Sushil Patel
Planning and Zoning Commission to Re-Appoint

Place 1 - John Allen
Place 2 - David Palmer
Place 4 - Al Zapanta
And Appoint

Place 3 - Dennis Webb
Youth Council to Re - Appoint

Place 2 - Gary Schepf
Place 4 - Doug Fox
Place 6 - Paula Parks
Zoning Board of Adjustments and Appeals to Re-Appoint

Oscar Ward
Alternate - Kevin Kasky
And Appoint
Deanna Metzger
Alternate - Sheila Johnson

Gallaway
47 Mayor’s Report
Mayor Pro Tem Cannaday had no report at tonight’s Council meeting.
48 Adjournment
The meeting adjourned at approximately 9:17 p.m.
24
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November 11, 2010
Citizens’ Forum
Don Van Slyke - Mr. Slyke spoke to the Council regarding police procedures and some
concerns he encountered during a traffic stop around the time of elections.

ATTEST:
Shanae Jennings, TRMC

City Secretary
25
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AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3700

Recommending Department: City Secretary’s Office LSR No: 11616
Resolution -- Approving a Records Control Schedule for Fire Documents

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

departmental record control schedules. Individualized schedules better assist departments
with retention compliance and records management. This ordinance has been provided.
This resolution will be the third schedule to be approved this year.
ATTACHMENTS:
Fire Control Schedule10-2010 (PDF)
legal-service-request Fire Control Schedule (DOC)
CURRENT YEAR FINANCIAL IMPACT:

None
REVISION INFORMATION:
Prepared: 11/18/2010 10:46 AM by April Goff
Last Updated: 11/18/2010 11:49 AM by April Goff
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 3700)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves the attached Records Control Schedule for
the Fire Department of the City of Irving.
SECTION II. THAT records identified on the attached Records Control Schedule with a retention
period of two years or less may be destroyed pursuant to Section 2-42 of The Code of
Civil and Criminal Ordinances of the City of Irving, Texas, and the Director or
designee of the Fire Department and the City Attorney will review and authorize
requests for destruction of records with retention periods longer than two years.
SECTION III. THAT this resolution shall take effect after approval of the attached Records Control
Schedule by the Texas State Library and Archives Commission, and it is accordingly
so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on December 9, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Fire Control Schedule10-2010 (3700 : 02 RM Records Control Schedule Fire)
4.a
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LEGAL SERVICES REQUEST
PLEASE FILL OUT THIS FORM COMPLETELY.
Date submitted :10-20-10 Requested Completion Date :11-24-10

IS THIS AN AGENDA ITEM? Yes No
If this is an Agenda Item, provide: If this is not a new matter, which attorney have you worked
Date of Council Meeting :12-9-10 with on this matter in the past?Kuruvilla Oommen
Deadline for entry to MinuteTraq :11-24-10
Published deadline to City Attorney's office :11-11-10 List any previous LSR Numbers connected to this
(see deadline calendar published by City Secretary) Request :10486, 11414
Attachment: legal-service-request Fire Control Schedule (3700 : 02 RM Records Control Schedule Fire)
Or,
If not an Agenda Item:
Deadline Date established by :
[e.g. Contract expiration, grant application deadline, etc.]
Matter this Request relates to :review of Fire Department Requesting Department :City Secretary, Records Mgt
Control Schedule prior to submission for council approval
Department Number :2
Have you attached backup (backup = attach a copy of

previous action, e.g. original agreement, change order, Dept. Contact Person :Trish McDaniel
resolution, etc.) containing all the information necessary to
provide the service you requested? Phone No. :2775
Yes. No.
Fax No. 4826
If “No” explain:
TYPE
Contract Review Preparation of Ordinance relating to :
Review for form only (no signature at this time)
Review for Legal Language Other legal service :Review Control Schedule
Review items as flagged or marked
Standard City of Irving contract form Review Policy & Procedure for :
Vendor's contract form
Contractor :
Legal Advice re:
Goods or Services being acquired :
Legal Opinion re :
Method of Purchase: State any additional information we should know about this
Bid - Approved by Resolution request :
Single Source
Administrative Award (AA attached)
Other
CITY ATTORNEY’S OFFICE USE ONLY

Attorney Assigned : Date Received by Attorney:
Final Action by City Attorney’s Office: Date Completed by Attorney: _
05/2009
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AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3712

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

Accordance with the City of Irving’s Records Management Policy
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all record destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 18 cubic feet of records for the City Secretary’s Office.
Recommendation
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
Destruction December 9, 2010 (PDF)

NONE
Prepared: 11/23/2010 11:32 AM by April Goff
Last Updated: 12/1/2010 10:12 AM by Jennifer Phillips
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CITY OF IRVING

SECTION I. THAT the City Council hereby authorizes the destruction of 18 cubic feet (18 boxes)
of unneeded records as shown on the attached list.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Destruction December 9, 2010 (3712 : 02RM AUTH Destruction of Obsolete Records)
6
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3689

Recommending Department: Police LSR No: 11695
Resolution -- Approving a Texas Traffic Safety Program Grant Agreement

Between the City of Irving and the State of Texas, Acting by and through
the Texas Department of Transportation, for a Selective Traffic
Enforcement Program (STEP) Grant for Holiday DWI Enforcement
2. Impact: This grant will provide overtime expenses to decrease impaired driving and
alcohol-related crashes during the major holidays and Spring Break week.
3. The grant is for the period of October 1, 2010, through September 30, 2011.
4. The STEP grant is reimbursable up to $29,810.00 with a cash match from the City
in the amount of $10,239.35.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
ATTACHMENTS:
RES STEP 2011 Grant (PDF)

None
Prepared: 11/12/2010 09:54 AM by Darlene Jenkins
Last Updated: 11/12/2010 01:22 PM by Darlene Jenkins
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Texas Traffic Safety Program
Grant Agreement between the City of Irving and the State of Texas, acting by and
through the Texas Department of Transportation, for a Selective Traffic Enforcement
Program (STEP) grant to be used to reimburse the City for salary expenses for the
period of October 1, 2010, through September 30, 2011, 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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Texas Traffic Safety eGrants
Fiscal Year 2011

Organization Name: City of Irving
Legal Name: City of Irving
Payee Identification Number: 17560005666011
Attachment: RES STEP 2011 Grant (3689 : 04 STEP Grant 2011)

Project Title: STEP - Impaired Driving Mobilization
ID: 2011-Irving-STEP IDM-00001
Period: 10/01/2010 to 09/30/2011
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STEP - Impaired Driving Mobilization
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS

THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the Department and the, City
of Irving hereinafter called the Subgrantee, and becomes effective then fully executed by
both parties. For the purpose of this agreement, the Subgrantee is designated as a(n)
Local Government.

AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2009.
Project Title: STEP - Impaired Driving Mobilization
Grant Period: This Grant becomes effective on or on the date of final signature of both
parties, whichever is later, and ends on unless terminated or otherwise modified.
Total Awarded: $40,049.35
Amount Eligible for Reimbursement: $29,810.00
Match Amount: $10,239.35
2011-Irving-STEP IDM-00001 Printed On: 11/12/2010

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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer
of the organization for which she/he has executed this agreement and that she/he has full
and complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
City of Irving Commission for the purpose and effect of
activating and/or carrying out orders,
[Legal Name of Agency] established policies or work programs

approved and authorized by the Texas
Transportation Commission
By:
By:
____________________________________
_____________________________________
[District Engineer Texas Department of
[Authorized Signature]
Transportation]
_______________________________ _______________________________
[Name] [Name]
________________________________ ________________________________
[Title] [Title]
Date: __________________________ Date: __________________________
Under the authority of Ordinance or By:

Resolution Number (for local government): ________________________________
(If Applicable) Director, Traffic OperationsDivision Texas
Department of Transportation (Not required
______________________________ for local project grants under $100,000.00)
[Resolution Number] Date: __________________________

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General Information
Project Title
Project
Description
To conduct DWI enforcement Waves during holiday periods to increase DWI
arrests and earned media activity as part of the statewide "Drink. Drive. Go To
Jail" campaign and in conjunction with the national Impaired Driving
Mobilization campaign
How many years has your organization received funding for this project?
This will be our third year.

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Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement, including, without limitation, workers’ compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of its compliance therewith.

ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),
Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB
Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB
Circular A-133; and the Department’s Traffic Safety Program Manual, as they relate to the
application, acceptance, and use of federal or state funds for this project. Also, the
Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant’s
governing body, authorizing the filing of the application, including all understandings
and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964
(Public Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC
(United States Code) §§4601 et seq.; and United States Department of
Transportation (USDOT) regulations, “Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs,” 49 CFR, Part 24, which
provide for fair and equitable treatment of persons displaced as a result of federal
and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act’s minimum wage and
overtime requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a

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purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
I. It recognizes that many federal and state laws imposing environmental and
resource conservation requirements may apply to this Grant Agreement. Some, but
not all, of the major federal laws that may affect the project include: the National
Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean
Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal
Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource

Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.
Environmental Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulation, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor,
with any such federal requirements as the federal government may now or in the
future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any
federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase “federal
financial assistance” includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive
Order 11593, and the Antiquities Code of Texas (National Resources Code,
Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no
officer, employee, or member of the Subgrantee’s governing board or the
Subgrantee’s subcontractors shall vote or confirm the employment of any person
related within the second degree of affinity or third degree by consanguinity to any
member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the
applicant relative to this project shall be available to the public during normal
business hours in compliance with Chapter 552 of the Texas Government Code,

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unless otherwise expressly provided by law.

N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open
to the public, except as otherwise provided by law or specifically permitted in the
Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this Agreement will be based on actual costs incurred
up to and not to exceed the limits specified in the Project Budget. The amount
included in the Project Budget will be deemed to be an estimate only and a higher
amount can be reimbursed, subject to the conditions specified in paragraph B
hereunder. If the Project Budget specifies that costs are based on a specific rate,

per-unit cost, or other method of payment, reimbursement will be based on the
specified method.
B. All payments will be made in accordance with the Project Budget.
The Subgrantee’s expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent per year of the maximum amount
eligible for reimbursement (TxDOT) in the attached Project Budget for the current
fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the
Project Budget.
If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants) messaging system, prior to the Request for Reimbursement being
approved. The notification must indicate the amount, the percent over, and the
specific reason(s) for the overrun.
Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.
The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this Agreement.
For Selective Traffic Enforcement Program (STEP) grants only: In the Project
Budget, Subgrantees are not allowed to use underrun funds from the TxDOT
amount of (100) Salaries, Subcategories A, “Enforcement,” or B, “PI&E Activities,” to
exceed the TxDOT amount listed in Subcategory C, “Other.” Also, Subgrantees are
not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, “Enforcement,” or C, “Other,” to exceed the TxDOT amount listed
in Subcategory B, “PI&E Activities.” The TxDOT amount for Subcategory B, “PI&E
Activities,” or C, “Other,” can only be exceeded within the 5 percent flexibility, with

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underrun funds from Budget Categories II or III.

C. To be eligible for reimbursement under this Agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant
Period of this Grant Agreement, attributable to work covered by this Agreement, and
which has been completed in a manner satisfactory and acceptable to the
Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.
The term “supplanting,” refers to the use of federal or TxDOT funds to support
personnel or an activity already supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of
Management and Budget (OMB) Circulars:
A-21, Cost Principles for Educational Institutions;

A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in this Grant Agreement, within thirty (30) days after
the end of the billing period. The Request for Reimbursement and appropriate
supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
Agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length
of this Grant Period specified in this Grant Agreement. If the Department determines
that the project has demonstrated merit or has potential long-range benefits, the
Subgrantee may apply for funding assistance beyond the initial Agreement period.
Preference for funding will be given to those projects for which the Subgrantee has
assumed some cost sharing, those which propose to assume the largest
percentage of subsequent project costs, and those which have demonstrated
performance that is acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds. If at any
time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall so notify the Subgrantee, giving notice of
intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the
end of a federal fiscal year, the Department determines that there is sufficient funding and
performance to continue the project, the Department may so notify the Subgrantee to
continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.

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ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants system messaging. If the Department finds that
such work does constitute additional work, the Department shall so advise the Subgrantee
and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the
original work. If performance of the additional work will cause the maximum amount
payable to be exceeded, the work will not be performed before a written grant amendment
is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but

the Department requests changes to the completed work or parts thereof which involve
changes to the original scope of services or character of work under this Agreement, the
Subgrantee shall make such revisions as requested and directed by the Department. This
will be considered as additional work and will be paid for as specified in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the
Department shall instruct the Subgrantee to make such revisions as are necessary to bring
the work into compliance with this Agreement. No additional compensation shall be paid
for this work.
The Subgrantee shall make revisions to the work authorized in this Agreement, which are
necessary to correct errors or omissions appearing therein, when required to do so by the
Department. No additional compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer projects,
the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency
of the performance reports is established through negotiation between the Subgrantee and
the program or project manager.
For Selective Traffic Enforcement Programs (STEPs), performance reports must be

submitted monthly.
The performance report will include, as a minimum: (1) a comparison of actual

accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,

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overruns, or high unit costs.
The Subgrantee shall submit the Final Performance Report through eGrants within thirty
(30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing, through eGrants
messaging, of events that will have a significant impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or

other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance
measures by the established time periods. This disclosure shall be accompanied by

a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed hereunder,
(hereinafter called the records), and shall make such records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain said records for four (4) years from the date of final
payment under this Agreement, until completion of all audits, or until pending litigation has
been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the
records. This right of access is not limited to the four (4) year period but shall last as long
as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,
hold, and save harmless the Department from any and all expenses, including but not
limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents, or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a government entity,
agrees to protect, indemnify, and save harmless the Department from and against all

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claims, demands, and causes of action of every kind and character brought by any
employee of the Subgrantee against the Department due to personal injuries or death to
such employee resulting from any alleged negligent act, by either commission or omission
on the part of the Subgrantee.
If the Subgrantee is a government entity, both parties to this Agreement agree that no
party is an agent, servant, or employee of the other party and each party agrees it is
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supercedes any prior oral or written agreements. If a conflict arises

between this Agreement and the Traffic Safety Program Manual, this Agreement shall
govern.
The Subgrantee shall be responsible for the settlement of all contractual and administrative
issues arising out of procurement made by the Subgrantee in support of Agreement work.
Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described herein and these have been accepted by the
Department, unless:
This Agreement is terminated in writing with the mutual consent of both parties; or
There is a written thirty (30) day notice by either party; or
The Department determines that the performance of the project is not in the best
interest of the Department and informs the Subgrantee that the project is terminated
immediately.
The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified in this Grant Agreement which are directly
attributable to the completed portion of the work covered by this Agreement, provided that
the work has been completed in a manner satisfactory and acceptable to the Department.
The Subgrantee shall not incur nor be reimbursed for any new obligations after the
effective date of termination.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, or any authorized
representative thereof, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder and the premises in which it is
being performed.

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If any inspection or evaluation is made on the premises of the Subgrantee or its

subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public
Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in
OMB Circular A-133, “Audits of States, Local Governments, and Other Non-Profit
Organizations.”

The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under this Agreement or indirectly through a subcontract under this
Agreement. Acceptance of funds directly under this Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the State Auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all
applicable terms and conditions of this Agreement. No subcontract will relieve the
Subgrantee of its responsibility under this Agreement.
ARTICLE 15. GRATUITIES
Texas Transportation Commission policy mandates that employees of the Department

shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this Agreement. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department’s Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a

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bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. If
the Subgrantee breaches or violates this warranty, the Department shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in
any way interfere with its or its employees’ performance or which in any way conflicts with
the interests of the Department. The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the

Department’s interests.
ARTICLE 18. SUBGRANTEE’S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement, or will be able to obtain
such personnel from sources other than the Department.
All employees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the Department or
purchased pursuant to this Agreement in accordance with its own property management
procedures, provided that the procedures are not in conflict with the Department’s property
management procedures or property management standards and federal standards, as
appropriate, in:
49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,” or
49 CFR, Part 19 (OMB Circular A-110), “Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations.”
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

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Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,
and equipment and supplies purchased with grant funds shall, at the option of the
Department, become the property of the Department. All sketches, photographs,
calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of

intellectual property rights covering any data bases, software, inventions, training
manuals, systems design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including
copyrights, copyright applications, copyright renewals, and copyright extensions),

title and interests in and to all data, and other information developed under this
contract and versions thereof unless otherwise agreed to in writing that there will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the
Subgrantee without any type of funding or resource assistance from the Department
remain the Subgrantee’s intellectual property. For these classes and materials, the
Department payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in
this Agreement without written consent of the Department through eGrants messaging.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR,
Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be
amended periodically (hereinafter referred to as the Regulations). The Subgrantee
agrees to comply with Executive Order 11246, entitled “Equal Employment
Opportunity,” as amended by Executive Order 11375 and as supplemented by the
U.S. Department of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee
for work to be performed under a subcontract, including procurements of materials
and leases of equipment, each potential subcontractor or supplier shall be notified

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by the Subgrantee of the Subgrantee’s obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, sex, national
origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Department or the USDOT to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of
the Subgrantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Subgrantee shall so certify to the Department or the US
DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has
made to obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee’s noncompliance with

the nondiscrimination provision of this Agreement, the Department shall impose
such sanctions as it or the US DOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of
paragraphs A. through E. in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations or directives. The
Subgrantee shall take such action with respect to any subcontract or procurement
as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance. However, in the event a Subgrantee becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request the Department to enter into
litigation to protect the interests of the state; and in addition, the Subgrantee may
request the United States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Department and the USDOT that Disadvantaged Business
Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the
performance of agreements financed in whole or in part with federal funds. Consequently,
the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this
Agreement as follows:
The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as

defined in 49 CFR Part 26, have the opportunity to participate in the performance of
agreements and subcontracts financed in whole or in part with federal funds. In this
regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR
Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to
compete for and perform agreements and subcontracts.
The Subgrantee and any subcontractor shall not discriminate on the basis of race,
color, sex, national origin, or disability in the award and performance of agreements
funded in whole or in part with federal funds.
These requirements shall be included in any subcontract.

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Failure to carry out the requirements set forth above shall constitute a breach of this
Agreement and, after the notification of the Department, may result in termination of this
Agreement by the Department, or other such remedy as the Department deems
appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared

ineligible or voluntarily excluded from covered transactions by any federal

department or agency;
2. Have not within a three (3) year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a federal, state, or local public transaction or contract under a
public transaction; violation of federal or state antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a

federal, state, or local governmental entity with commission of any of the
offenses enumerated in paragraph A. 2. of this Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one
or more federal, state, or local public transactions terminated for cause or
default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article,
such Subgrantee shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any
tier to any party which is debarred or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order
12549, Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded
under this Grant Agreement to certify its eligibility to receive federal grant funds,
and, when requested by the Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION

The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the

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Subgrantee to any person for influencing or attempting to influence an officer or

employee of any federal 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.
B. 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
federal 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 party to this Agreement shall complete and

submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions.
C. The Subgrantee shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts) 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.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that
it either will go to the Department’s website noted below and complete the Child Support
Statement or already has a Child Support Statement on file with the Department . The
Subgrantee is responsible for keeping the Child Support Statement current and on file with
that office for the duration of this Agreement period. The Subgrantee further certifies that
the Child Support Statement on file contains the child support information for the
individuals or business entities named in this grant. Under Section 231.006, Family Code,
the Subgrantee certifies that the individual or business entity named in this Agreement is
not ineligible to receive the specified grant or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is
inaccurate.
The form for the Child Support Statement is available on the Internet at:
http://www.dot.state.tx.us/cso/default.htm.

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RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out all performance measures established in the grant, including fulfilling the law
enforcement objectives by implementing the Operational Plan contained in this Grant
Agreement.
B. Submit all required reports to the Department (TxDOT) fully completed with the most
current information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions of this Grant Agreement. This includes reporting to the
Department on progress, achievements, and problems in monthly Performance Reports
and attaching necessary source documentation to support all costs claimed in Requests
for Reimbursement (RFR).

C. Attend Department-approved grant management training.
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present status of
activities and to discuss problems and the schedule for the following quarter’s work.
2. The project director or other appropriate qualified persons will be available to represent
the Subgrantee at meetings requested by the Department.
E. Support grant enforcement efforts with public information and education (PI&E)
activities. Salaries being claimed for PI&E activities must be included in the budget.
F. When applicable, all newly developed PI&E materials must be submitted to the
Department for written approval, through the TxDOT Electronic Grants Management
System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety
Program Manual regarding PI&E procedures.
G. For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the written approval of the Department, through eGrants system messaging, prior
to the beginning of the trip. Grant approval does not satisfy this requirement. For
Department district-managed grants, the Subgrantee must have obtained written
Department district approval, through eGrants system messaging, for travel and related
expenses if outside of the district boundaries.
H. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
I. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity already
supported by local or state funds.
J. Ensure that each officer working on the STEP project will complete an officer’s daily

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report form. The form should include at a minimum: name, date, badge or identification
number, type of grant worked, grant site number, mileage (including starting and ending
mileage), hours worked, type of citation issued or arrest made, officer and supervisor
signatures.
K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty, unless the Subgrantee received specific written
authorization from the Department, through eGrants system messaging, prior to incurring
costs.
L. Subgrantee may work additional STEP enforcement hours on holidays or special events
not covered under the Operational Plan. However, additional work must be approved in
writing by the Department, through eGrants system messaging, prior to enforcement.

Additional hours must be reported in the Performance Report for the time period for which
the additional hours were worked.
M. If an officer makes a STEP-related arrest during the shift, but does not complete the
arrest before the shift is scheduled to end, the officer can continue working under the grant
to complete that arrest.
N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such
personnel are unavailable for assignment.
O. Prior to conducting speed enforcement, the Subgrantee must select and survey
enforcement sites that comply with existing state mandated speed limits in accordance
with the Texas Transportation Code, Sections 545.352 through 545.356.
P. Officers assigned to speed sites should be trained in the use of radar or laser speed
measurement devices.
Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a
safety belt use policy in place, a policy should be implemented, and a copy maintained for
verification during the grant year.
R. Officers working DWI enforcement must be trained in the National Highway Traffic
Safety Administration/International Association of Chiefs of Police Standardized Field
Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be
trained, or scheduled to be SFST trained, by the end of the grant year. For second or
subsequent year grants, all officers working DWI enforcement must be SFST trained.
S. The Subgrantee should have a procedure in place for contacting and using drug
recognition experts (DREs) when necessary.
T. The Subgrantee is encouraged to use the DWI On-line Reporting System available
through the Buckle Up Texas Web site at www.buckleuptexas.com.

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RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee’s compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
review of periodic reports

physical inspection of project records and supporting documentation
telephone conversations
e-mails and letters
quarterly review meetings

eGrants system messaging
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the project budget.
Requests for Reimbursement will be processed up to the maximum amount payable as
indicated in the project budget.
E. Perform an administrative review of the project at the close of the grant period to:
Ascertain whether or not the project objectives were met

Review project accomplishments (performance measures completed, targets
achieved)
Document any progress towards self-sufficiency
Account for any approved Program Income earned and expended
Identify exemplary performance or best practices

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Goals and Strategies
Goal:
To increase effective enforcement and adjudication of traffic safety-related laws
to reduce fatal and serious injury crashes
Strategies: Increase enforcement of traffic safety-related laws.
Increase public education and information campaigns.

Goal: To reduce the number of DWI-related crashes, injuries, and fatalities
Strategy: Increase enforcement of DWI laws.
X I agree to the above goals and strategies.

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Law Enforcement Objective/Performance Measure
Note:
Nothing in this agreement shall be interpreted as a requirement, formal
or informal, that a peace officer issue a specified or predetermined number
of citations in pursuance of the Subgrantee's obligations hereunder.
In addition to the STEP enforcement activities, the subgrantee must

maintain baseline non-STEP funded citation and arrest activity due to the
prohibition of supplanting
1. Number and type citations/arrests to be issued under STEP

a. Number of DWI arrests to be made during the Christmas/New Year’s DWI
20
Operation
b. Number of DWI arrests to be made during the Spring Break DWI Operation 20

c. Number of DWI arrests to be made during the Independence Day DWI
21
Operation
d. Number of DWI arrests to be made during the Labor Day DWI Operation 21
2. Total Number of Enforcement Hours for Entire Grant Period 590
Step Indicator 2.50

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PI&E Objective/Performance Measure
1. Complete administrative and general grant requirements

a. Number of Performance Reports to be submitted 4
b. Number of Requests for Reimbursement to be submitted 4
2. Support Grant efforts with a public information and education (PI&E) program
a. Conduct a minimum of one (1) presentation for each DWI operation period 4
b. Conduct a minimum of two (2) media exposures (e.g., news conferences,
8
news releases, and interviews) for each DWI Operation period.
c. Conduct a minimum of one (1) community event (e.g., health fair, traffic safety
1
booth) during the grant period

d. Produce the following number of public information and education materials if
0
applicable.
e. Distribute the following number of public information and education materials if
500
applicable.

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Budget Summary
Budget Category TxDOT Match Total
Category I - Labor Costs
(100) Salaries $29,810.00 $3,234.00 $33,044.00
(200) Fringe Benefits $7,005.35 $7,005.35
Category I Sub-Total $29,810.00 $10,239.35 $40,049.35

Category II - Other Direct Costs
(300) Travel $0 $0 $0

(400) Equipment $0
(500) Supplies $0
Contractual
(600) $0
Services
Other
(700) $0
Miscellaneous
Category II Sub-Total $0 $0 $0
Total Direct Costs $29,810.00 $10,239.35 $40,049.35
Category III - Indirect Costs
Indirect Cost
(800) $0
Rate
Summary
Total Labor Costs $29,810.00 $10,239.35 $40,049.35
Total Direct $0 $0 $0
Costs
Total Indirect $0
Costs
Grand Total $29,810.00 $10,239.35 $40,049.35
Fund Sources 74.43% 25.57%

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Operational Plan
X I agree to the following

Comments:
Site Description
Jurisdiction Wide
Conduct focussed DWI saturation patrols within high risk

locations during times when alcohol-related crashes are most
frequent Conduct a minimum of 4 nights of DWI enforcement
during each holiday period Conduct pre and post earned media
activities for each holiday period

Christmas/New Year’s Wave
Pre-Media
December 18, 2010 - December 20, 2010
Campaign
Enforcement
December 21, 2010– January 1, 2011
Period
Post-Media
Campaign January 5, 2011 - January 7, 2011
Spring Break Wave
Pre-Media
March 9, 2011 – March 11, 2011
Campaign
Enforcement March 12, 2011 - March 20, 2011
Period
Post-Media
March 24, 2011 – March 26, 2011
Campaign
Independence Day Wave
Pre-Media
June 27, 2011 - June 29, 2011
Campaign
Enforcement June 27, 2011 - June 30, 2011
Period July 1, 2011 – July 6, 2011
Post-Media
July 10, 2011 - July 12, 2011
Campaign
Labor Day Crackdown
Pre-Media
August 16, 2011 - August 18, 2011
Campaign
Enforcement
August 19, 2011 - September 6, 2011
Period
Post-Media
September 9, 2011 - September 11, 2011
Campaign
Description of Activities

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Pre-Media Efforts Conduct local media events immediately before the enforcement
Before effort to maximize the visibility of enforcement to the public. The
Enforcement media events tell the public when, where, how and why impaired
Periods: driving laws are being enforced.
Enforcement Intensify enforcement through coordinated saturation patrols in
Periods: an overtime STEP placing primary emphasis on increasing DWI
arrests and reducing the number of alcohol related traffic
crashes during peak holiday traffic.
Post-Media Efforts Conduct local media events to tell the public why impaired
After Enforcement driving laws are important and the results
Periods: of the mobilization.

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City of Irving
2011-Irving-STEP IDM-00001 Printed On:
11/12/2010
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7
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3703

Recommending Department: Police LSR No: 11690
Resolution -- Authorizing the Mayor to Sign an Interlocal Agreement

Between the City of Irving and the North Central Texas Council of
Governments for Videoconference (VTC) Network Services
2. Impact: This interlocal agreement will provide VTC services to the City’s
Emergency Operations Center (EOC). This will be a key communications system
that will connect the regional EOC’s for major events such as the Super Bowl and
for disaster response.
3. This interlocal agreement is for the period of September 30, 2010, through
August 30, 2011.
4. The EOC has purchased and installed a VTC system with grant funds. VTC
services and expenses will be funded with Homeland Security grant funds.
5. An additional VTC to be installed at City Hall will be purchased with Homeland
Security grant funds.
6. Funding in the amount of $1,000 is available in the Emergency Management Grant
Fund.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
ATTACHMENTS:
Res Nctcog Vtc Loa (PDF)
RES Region 10 VTC Appendix (PDF)

2076-0491-56401-9183 Budget: $1,000.00 Actual: $1,000.00
Budget Adjustment/Transfer Required: Yes\No (If yes, please explain.) No
Budget: $1,000.00 Actual: $1,000.00
Prepared: 11/18/2010 02:33 PM by Darlene Jenkins
Last Updated: 12/2/2010 03:50 PM by Belinda Rowlett
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7
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached interlocal agreement between
the City of Irving and the North Central Texas Council of Governments for
Videoconference (VTC) network services for major events such as the Super Bowl
and disaster response in the amount of $1,000.00, and the Mayor is authorized to
execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 2076-0491-56401-9183
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
_______________________________
Max S. Duplant, CPA
Chief Financial Officer
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 92
Attachment: Res Nctcog Vtc Loa (3703 : 04 Nctcog Loa)
Packet Pg. 93
7.a
Ncrth Ce:nr Tnxar; C: neil 0 Goverr’ments
Letter of Agreement LOA between

North Central Texas Cojnc of Governments Emergency Preparedness
and
City of rvng
For Vide000nference Network Servces
An LOA is made oetweer North Central Texas Council of Governments (hereinutter referred to as
“NC 1000 ) and C ty a’ hing borer after kncr as Vvrg xor servces reating to vdeo
teecon!erencng services
1) Terms of Agreement Tns LOA when executed wili be ceernec to cegin cn

Seutembe’ 30 2010 and will lermnate on August 30, 2011 wth an ophon to renew each year
NCTCC0 will enter into an agreement with Regron 10 Texas Education Ager: TEA on Lehu
of riina and the North Centra! Texas Region to provide Videcconerence NetvorK Serv ces T’e
Urban Area Security ln!tiative (UASII grant wrIl fjnc the anrual Regior 10 TEA 53.500
rrbersn:p fee cius one standard i deocenference SyStem srte ncr Junsaicton Paier:
extends for one srte per urrsdc:ior for one year Ary add tona sites requre separate pn’mer’t
The tecnnicai delarls must be coordinated direcly sith the Region 0 V deocunierence NctvorK &
Spprrr: Servces Manager The End Pont Registration Rorm attached’ s to ce comrrkerc anc
re:urneo to Reg or 0 It will be the responsbi ity of the user to worK 7reob.w lb Regor 10 TEA
to correct ally tecuirical isSueS
Al users rnjsl to ow tne Region 10 Videoconference Network Services Cuic,nes janperdix A

section 1.1 12 Customer Responsiorlitres
2) Payment Terms. UASI lurisdictrors that do not want addborrai sites may disregara this secton
The annual reQrstra:ion fee for aOdtonal sites s $1 DOD 00 to be paic direc:y to NCT000 All
additrona sites must be paid within 30 days of connectivity Pricing s based on Peg on 10 TEA
costs. Future pass through costs may be subject to increase per tie Region 10 Vdeoconference
Netv.o’k Servces Guidelines appendix A) section 1 1 13 Cost of Servoes
3) Notice Any notice perm:ted or reQuired to be giver hereunoar to any Party shall be ri .vr
are delvered pesonaE, .3 eectronic mail emai) fx nr certified mail All notices shar ne sent
to the Parties as listed below
Cty of Irving North Cental Texas Cnunoi c Governrnerrs

Attn Patrick McMockon Attn Molly Thoerner
825 West Irving Blvd 616 Six Fags Dr
lrvinn IX 75063 Arlirgton TX 76011
pnrx:cackencit
o
1 frvrng org r.tbDercre73nctcoc
:00cc: 972 721 2181 cyfice! 817 608 2323
:[AX 072 7212186 lFAX; 8176082372
ClCOG \ IC I
rirrrr!airD’v
uac I
1
l ij 2
F’ C Six S86 A’ riQto cceos.u
Ti ,40 u) i-AX 81 640-7805 () rcc,ier udp’-rr
Attachment: Res Nctcog Vtc Loa (3703 : 04 Nctcog Loa)
Packet Pg. 94
7.a
Letter of Agreement LOA) between

North Cental Texas CoLnoll of Governments Emerge’cy Preparecness
and
Cty of rvng
For Viceoconference Network Services
4) Termination of LOA. NCTOOG or Irving may :erminate this Agreemert or any poiion of it by
serving a wrdter notice of termination on the other party. Te’mination shaH he effective cn the
date of receipt of the notice The notce shall state whether the term nut on s fc the
convenience o default of either NCTCOG/Irving If the termination is for dearLt me notice shall
state th manner in wh.ch NCTCOG1 Irving has talon to perform the rerements cf the
ageerrurt
In witness thereof, the Pa’tes havc oxocutec t’ns LC’ to be efc;ct on the date spec Led urcer the
Torms of A:ro.? ePt n section 1
C CF ‘jmr. (i: :ita; NDTH CENtP\r TFXAS COuNcIL. OF

GovEFrdtr\rs (NCTCOG,
I i/
HERtrRTA, Gcc MoLL’ ToE:

INTERIM DPI C’O
DAtr / 7 ./
\( 1((i \‘ IL I (),.\
2 nI2
7.b
Appendix A
Region 10 Videoconference Network Services
The Region 10 Videoconference Network (R10VN) offers a comprehensive set of

videoconference services and provides its members with regional, state, national and
worldwide videoconferencing connectivity. The R10VN suite of services offer tools that,
used appropriately, can result in dramatic cost savings for its members. We provide
customers with technical support and consultation, assistance in endpoint configuration,
training, and certification to connect to the R10VN network.
1 R10VN Services
Attachment: RES Region 10 VTC Appendix (3703 : 04 Nctcog Loa)

1.1 Interactive Videoconferencing Service
1.1.1 Service Description
Videoconferencing services are ideal for bringing various
communities together to conduct collaborative applications.
Videoconferencing technology, which allows face-to-face interaction
in real time with two-way video and audio communication, is a tool
that can be used to increase productivity, reduce travel expense, and
quickly bring together a number of geographic locations around the
region, state, nation or the world. Videoconferencing can be used for
distance learning at all levels of the education system, administrative
meetings, training activities, emergency response assistance, and
public hearings. The R10VN has videoconference connectivity to over
80 School Districts and Charter Schools, several colleges and
universities and all Education Service Centers statewide. Currently,
bridge videoconferences average 40 per day totaling 1,500 hours of
videoconferencing per month with plenty of room to grow.
R10VN provides its clients with videoconference services including
scheduling, bridging, technical support and consultation, endpoint
configuration, monitoring, training in the use of videoconference
resources, and certification assistance for connectivity to the R10VN.
The R10VN provides two levels of videoconference services
with the following features:
An annual subscription service (recommended):
The annual membership fee for an organization, i.e. school district,
city, or county is $3,500. The annual registration fee for each
standard videoconference system is $1,000. The annual fee for
gatekeeper registration is $120. (See 1.1.13 Cost of Services)
These fees are extremely economical based on the services provided.
The fee structure for non-profit organizations is currently the same
Videoconference Help Desk – 972.348.1670

Page 1 of 5
Packet Pg. 95
7.b
Appendix A
as school districts members. The R10VN provides customers with

unlimited bridging, technical support, consultation, assistance with
endpoint configuration and, certification to the R10VN network.
Ad hoc videoconference services for non-members:
This service is based on an hourly rate of $195.00 per endpoint.
Minimum connection charge is one hour with additional time billable
in 30 minute increments, plus a one-time $50.00 endpoint
certification charge for first-time customers. The R10VN provides
customers with bridging, technical support, consultation, assistance
with endpoint configuration, and certification to the R10VN network.

1.1.2 Support of three videoconference protocols
Video-Over-IP which utilizes the H.323 Ethernet protocol, SIP
(Session Initiation Protocol) and, ISDN which uses H.320 Integrated
Services Digital Network (ISDN) protocol through a third party
provider. Video-Over-IP connections are supported via the
Commodity Internet, the Region 10 Wireless Consortium Network,
the Texas Education Telecommunications Network and Internet2.
The R10VN operates at a default video bandwidth of 384 kilobits per
second.
1.1.3 A web-based scheduling / resource management system and
manned scheduling help desk
This system or the help desk is used to schedule, edit or cancel all
videoconference events and resources. Clients can opt to use the
web-based system or just simply call our scheduling assistant to
schedule events and resources.
1.1.4 Live Customer Service Help Desk
The R10VN customer service help desk is available to assist clients
with troubleshooting issues with registered equipment and provide
ad hoc testing at any time during normal help desk hours. The help
desk can also assist technical staff troubleshoot connectivity and
equipment configuration issues.
1.1.5 Field Service Technicians
After proper qualification of need, R10VN Field technicians can be
dispatched to investigate and troubleshoot issues that cannot be
addressed remotely or with the assistance of local member personnel
and the Help Desk technician.
1.1.6 Access to the R10VN Multipoint Control Unit (MCU)
The MCU is used for any videoconference involving more than two

Page 2 of 5
Packet Pg. 96
7.b
Appendix A
sites and, provides access to other video technologies such as SIP,

ISDN and digital recording and streaming services.
1.1.7 VC Endpoint Health Monitoring & Remote Management
If a client chooses to register a videoconference endpoint to the
R10VN network management software we are able to identify if that
system is operational, and if so, look at statistics of specific calls.
Statistics may include error reporting, firmware release levels and
other pertinent information related to the status and health of the
device.
1.1.8 On-demand and/or live streaming video of videoconference

content
The R10VN has the ability to record and/or live stream
videoconference events. It can archive those events for later on-
demand or on-media distribution and even assign a password for
controlled access.
1.1.9 Satellite downlink & distribution
Access to a satellite downlink is also available and can be distributed
to clients with the appropriate licensure in place. This service is
billed through a separate Multimedia Event Production charge. Some
restrictions may apply with regard to licensing, technologies that are
compatible with R10VN and/or the availability of network resources.
1.1.10 Quality of Service (QoS)
QoS, a set of capabilities used to create differentiated services for
network traffic, is applied to the Region 10 Wireless Consortium
Network used for videoconferencing to provide better video quality.
If customers purchase their Internet connectivity from a private
Internet Service Provider (ISP), QoS is normally not available. For
more information on this subject, see the R10VN Video Guidelines.
1.1.11 Hours of Availability
1.1.11.1 Videoconference Events
Videoconference events may be scheduled 24 x 7
excluding maintenance windows and unavoidable events.
Maintenance windows are scheduled for planned changes
that have gone through the R10VN Change Management
Process. In addition to the standard R10VN maintenance
windows, site-specific and service-specific changes may
be coordinated with customers at non-standard times.
Standard maintenance window is defined as 4:00 a.m. to

Page 3 of 5
Packet Pg. 97
7.b
Appendix A
12:00 p.m. each Sunday

1.1.11.2 Live Videoconference Customer Service
Live customer service for videoconferences is available:
 Monday through Thursday - 6:30 a.m. to 8:00 p.m.
 Friday - 6:30 a.m. to 3:00 p.m.
 Saturday - Upon special request or emergency
1.1.12 Customer Responsibilities

Please note: The R10VN is not responsible for end user hardware or
software incompatibility, maintenance contracts with manufacturers

or for network elements that do not meet R10VN guidelines or are
not under R10VN control.
1.1.12.1 Agree to provide and maintain network connectivity
compatible with R10VN Guidelines.
1.1.12.2 Agree to provide and maintain endpoint connectivity
compatible with R10VN Guidelines.
1.1.12.3 Agree to allow the R10VN to certify videoconference and
network equipment for compatibility.
1.1.12.4 Submit a detailed R10VN client questionnaire providing a
complete description of their videoconference
environment.
1.1.12.5 Submit a completed and signed R10VN Service Order and
Videoconferencing Service Level Agreement (SLA) for
each device to be registered to the R10VN.
1.1.12.6 Sign a Memorandum of Understanding outlining the
services agreed upon and the fees surrounding those
services.
1.1.12.7 Provide the R10VN with five (5) days advance notice for
implementation and thirty (30) days notice for
cancellation of any videoconference service.
1.1.12.8 Designate a single point of contact for all videoconference
related activities: scheduling; training; end-point support.
1.1.12.9 Use network resources in accordance with defined R10VN
video operational procedures.
1.1.12.10 Provide three (3) working days notice for scheduling new
or canceling existing videoconference events.
1.1.12.11 Cancel sessions that are not required by deleting them

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7.b
Appendix A
from the Web-based scheduler or by contacting the

R10VN Scheduling Help Desk in accordance with R10VN
procedures.
1.1.12.12 Be responsible for the content of events originated from
the client sites(s).
1.1.12.13 Create, market, manage and present videoconference
events in support of K-12 education.
1.1.13 Cost of Services
1.1.13.1 Organization annual membership fee: $3,500.00

1.1.13.2 Video endpoint(s) annual registration: $1,000.00
1.1.13.3 MCU port(s) annual registration: $1,000.00
1.1.13.4 MCU management & scheduling annual fee: $1,000.00
(all ports must be registered)
1.1.13.5 Gatekeeper annual registration fee: $120.00
1.1.13.6 Multimedia Event Production charge: $100.00
(One-time services such as satellite downlink)
1.1.13.7 ISDN calls & gateway usage hourly fee: call for pricing
(ISDN gateway usage is billed as scheduled, unless
sessions are cancelled by the customer)
1.1.13.8 No charge for troubleshooting sessions scheduled by
R10VN
1.1.13.9 Non-member Ad Hoc videoconference hourly fee: $195.00
(Minimum connection charge is one hour with additional
time billable in 30 minute increments, plus a one-time
$50.00 endpoint certification charge for first-time
customers.)
For additional information or to schedule a meeting to discuss how the

Region 10 Videoconference Network may benefit you, please contact:
Robert L. (Bob) Barnes

Region 10 Videoconference Network Manager
Education Service Center Region 10
400 East Spring Valley Road, Richardson, TX 75081-5101
972-348-1610
[email protected]

Page 5 of 5
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8
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3692

Recommending Department: Budget & Compensation LSR No: 11089
Resolution -- Approving the Trust Fund Agreement with North Texas Super
Bowl XLV Host Committee, Inc.
2. Impact: By contributing $150,043 to the Major Events Trust Fund, the City will be
eligible for reimbursement from the Fund up to the amount of $687,700 for its
additional operating and capital costs associated with hosting the Super Bowl
related events in Irving.
3. The Major Events Trust Fund is created by the State Comptroller with contributions
from endorsing municipalities. The State will contribute 6.25 times the amount the
cities contribute. This provides funding for the added municipal costs to host a
Super Bowl.
4. The Comptroller determined that the incremental increase in certain sales and use,
hotel occupancy and mixed beverage tax receipts to be collected by or on behalf of
the City directly attributable to the Superbowl is $329,658. The Host Committee will
prepare an analysis of the event related projected revenues after the event.
5. The City has already agreed on behalf of the Irving Convention and Visitors Bureau
to contribute $175,860 to the Host Committee. The Host Committee will remit
$105,946 of that payment to the City, which will then be contributed to the Trust
Fund, along with $44,097 in General funds for a total of $150,043 contribution to the
Trust Fund.
ICVB contribution to Host Committee $175,860

Host Committee payment to Trust Fund ($105,946) funds
Net payment to Host Committee $69,914
Contributions to the Event Trust Fund

City General Fund $44,097
Host Committee Contribution $105,946
Total: $150,043
City's maximum estimated event costs: $687,700 ICVB + General Fund costs $219,957
Maximum reimbursement from Trust Fund: ($687,700) Projected Revenue Increase $329,658
Total cost to city: $0 Revenue Impact to City: $179,615
6. The Chief Financial Officer will analyze Hotel Occupancy Tax receipts for the
quarter ending March 2011 to estimate added revenue attributable to the Super
Bowl. The ICVB contribution will be reimbursed from this added revenue prior to
allocation to the other HOT recipients.
Packet Pg. 100

8
7. Initially, the city was asked to contribute a total of $325,903 to the Event between
ICVB and General Fund. Staff negotiations with the host committee reduced the
city’s contribution by $105,946 with no decrease in the total potential
reimbursement amount.
8. Funding in the amount of $44,097 is available in the General Fund and funding in
the amount of $105,946 will be available upon receipt from the Host Committee.
Recommendation
Contract Required: Yes Review Completed By: K. Brophy
Previous Action: Res 2009-98 Council Action: Approved ICVB contribution of
$175,860 to North Texas Super Bowl XLV Host
Committee
.
ATTACHMENTS:
Trust_Fund_Agreement__Irving_-_Super_Bowl v4 12_1_10 (DOC)

1001-1001-561501-100 Budget: $44,183.00 Actual: $44,183.00
2201-3501-565309-800 Budget: $175,860.00 Actual: $175,860.00
Prepared: 11/16/2010 09:09 AM by Shelle Womack
Last Updated: 12/3/2010 12:46 PM by Jennifer Phillips
Packet Pg. 101

8
CITY OF IRVING
WHEREAS, by Resolution No, 3-22-07-118 the City Council declared its full support of the
efforts to have the North Texas Region selected as the site for Super Bowl XLV; and
WHEREAS, by Resolution 2009-98 adopted March 5, 2009, the City Council agreed on behalf
of the Irving Convention and Visitors Bureau to contribute $175,860 to the North Texas Super Bowl
XLV Host Committee, Inc (the “ICVB contribution”); and
WHEREAS, the City and Host Committee have prepared a plan which identifies the
incremental staffing to be provided by the City for public safety, emergency medical and public works
services necessary for the Super Bowl, in an estimated amount of $687,700; and
WHEREAS, the Host Committee will remit to City $105,946 of the ICVB contribution, which,
upon receipt, the City will contribute to the Major Events Trust Fund, along with $44,097 for a total of
$150,043.
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 agreement between the City of
Irving and North Texas Super Bowl XLV Host Committee, Inc. for Super Bowl XLV
event support and Major Events Trust Fund participation in the amount of $150,043,
and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 1001-1001-561501-100,
following the Chief Financial Officer’s certification of receipt of $105,946 from the
Host Committee.
SECTION III. THAT the Chief Financial Officer shall analyze Hotel Occupancy Tax receipts for
January, February and March 2011 to estimate added revenue attributable to the
Super Bowl. The ICVB contribution shall be reimbursed from this added revenue
prior to allocation of the revenue to the other HOT recipients.
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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8
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 103

8.a
TRUST FUND AGREEMENT
THIS TRUST FUND AGREEMENT (this "Agreement") is made and entered as of the
___ day of December, 2010, by and between the CITY OF IRVING, TEXAS, a Texas home-rule
Attachment: Trust_Fund_Agreement__Irving_-_Super_Bowl v4 12_1_10 (3692 : Approving Trust Fund Agreement)

municipality (the "City") and NORTH TEXAS SUPER BOWL XLV HOST COMMITTEE,
INC., a Texas nonprofit corporation (the "Host Committee").
RECITALS
WHEREAS, the National Football League, an unincorporated, not-for-profit association

(the "League") owns, produces and controls its annual professional football championship game
known as the "Super Bowl" and all rights relating thereto on an exclusive, worldwide basis; and
WHEREAS, NFL Properties LLC, a Delaware limited liability company ("NFLP", or

together with the League, the "NFL") owns, produces and controls the NFL Experience and
certain other events related to the Super Bowl; and
WHEREAS, pursuant to an application by the Host Committee, after considering through

a highly competitive selection process one or more sites that are not located in the State of Texas,
the League formally selected the North Texas Region as the sole site for Super Bowl XLV
(2011), including the following (collectively and each interchangeably, the "Event"): the Super
Bowl XLV game and all officially sanctioned events staged by the NFL or the Host Committee
in connection with Super Bowl XLV, including but not limited to the NFL Experience, the NFL
Friday Night Party, the NFLP Saturday Night Parties, the NFLP Tailgate Party, the NFL On
Location Hospitality Events, the Super Bowl Concert Series, the NFL Charity Golf Tournament,
NFL Charities Bowling Tournament and such other events, media events, musical performances,
film shoots, rehearsals and any other events, competitions and activities related thereto or
associated therewith as may be determined by the NFL; and
WHEREAS, the Super Bowl is held not more than one time in any year; and
WHEREAS, the NFL and the Host Committee have entered into that certain Super Bowl
XLV Host Committee Agreement (as amended, the "Event Support Contract") dated May 25,
2007, setting out representations and assurances by the Host Committee in connection with the
selection of the North Texas Region for the location of the Event; and
WHEREAS, TEX. REV. CIV. STAT. art. 5190.14, § 5A (as amended, the "Act") authorizes
the Texas Comptroller of Public Accounts (the "Comptroller") to establish the Major Events
Trust Fund (as defined in the Act) for the Event (the "Fund"); and
WHEREAS, the Comptroller determined under Subsection (b) of the Act that the
incremental increase in certain sales and use, hotel occupancy and mixed beverage tax receipts to
be collected by or on behalf of the City directly attributable to the preparation for and
presentation of the Event is $329,658.00 (the "City Increment"); and
WHEREAS, to support the Event, by Resolution No. RES-2009-98 adopted March 5,

2009, City agreed on behalf of the Irving Convention and Visitors Bureau has made a
Packet Pg. 104

8.a
contribution to the Host Committee of $175,860 from the proceeds of City hotel occupancy tax
receipts (the "ICVB contribution"); and
WHEREAS, in consultation with the NFL and various governmental authorities, the City
and the Host Committee have jointly prepared the plan attached hereto as Exhibit "A" (the

"Event Plan"), which identifies the incremental staffing to be provided by the City for the
provision of incremental public safety, incremental emergency medical, incremental emergency
management, incremental crowd and traffic control, and other incremental City services
necessary for the Event; and
WHEREAS, the Event Plan contains a budget for all direct incremental costs to be
incurred by the City in connection with implementation of the Event Plan; and
WHEREAS, the City and the Host Committee desire to enter into this Agreement to set
forth the rights and obligations of the parties to take required actions under the Act and to fulfill
obligations under the Event Support Contract; and
WHEREAS, by resolution adopted on December 9, 2010, the City Council of the City
approved the Event Plan and authorized execution of this Agreement by the City Manager.
NOW, THEREFORE, for and in consideration of the premises, undertakings and mutual
covenants of the parties set forth herein and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree as follows:
Section 1. Term. This Agreement shall remain in full force and effect until the later of:
(i) December 31, 2011, or (ii) such date as all funds have been disbursed from the Fund pursuant
to the Act.
Section 2. Implementation of Event Plan. The City and the Host Committee hereby
approve the Event Plan. The City will implement the Event Plan for the Event and will provide
all services identified in the Event Plan in accordance therewith. The Event Plan can be
amended from time to time by the mutual written consent of the City and the Host Committee.
Section 3. Reimbursement of City Costs. Not later than the 75th day after the last day of
the Event, the Host Committee will remit to the City $105,946 from proceeds of the ICVB
Contribution. To provide funding for purposes eligible under the Act, not later than the 90th day
after the last day of the Event, the City will remit $150,043 to the Comptroller for deposit into
the Fund (the “City Remittance”). For avoidance of doubt, the City Remittance shall be
comprised of the $105,946 portion of the ICVB Contribution remitted by the Host Committee to
the City and $44,097 attributable to the City Increment. The City shall be reimbursed up to
$687,700 from the Fund on a first-priority basis for direct incremental costs incurred by the City
in implementing the Event Plan.
Section 4. Responsibilities and Authorizations Concerning the Fund. The City will deal
with the Comptroller on a first priority basis with respect to: (i) requests for reimbursement from
the Fund for the City Costs up to a combined total of $687,700; and (ii) disbursements from the
Fund in connection with any such requests. The Host Committee will direct the Comptroller to
process such City requests before making any disbursement from the Fund to the Host
-2-
Packet Pg. 105
8.a
Committee. With respect to all sums deposited into the Fund, other than those referenced in the
first sentence of this Section 4, the Host Committee shall deal with the Comptroller with respect
to: (a) requests for reimbursement from the Fund for purposes eligible under the Act; and
(b) disbursements from the Fund in connection with any such requests. The City agrees that this

authorization, direction and designation shall constitute the prior approval of the City, as an
endorsing municipality, for disbursements from the Fund, in satisfaction of the requirements of
the Act.
Section 5. Recitals. The parties agree that the recitals set forth above in this Agreement
are true and correct, and the representations, covenants and recitations set forth therein are made
a part hereof for all purposes.
Section 6. Governing Law. The Agreement is entered into under and pursuant to, and is
to be construed and enforceable in accordance with, the laws of the State of Texas, without
regard to conflict of laws principles. Dallas County, Texas shall be the exclusive venue for suit
on or in respect of this Agreement. The parties hereto each irrevocably agrees that any legal
proceeding in respect of this Agreement shall be brought in the district courts of Dallas County,
Texas, or the United States District Court for the Northern District of Texas, Dallas Division and
irrevocably submits to the jurisdiction of such courts.
Section 7. Non-Exclusive Remedies. Except as otherwise provided herein, no remedy

herein conferred or reserved is intended to be exclusive of any other available remedy or
remedies, and each and every such remedy shall be cumulative and shall be in addition to every
such remedy given under this Agreement or now or hereafter existing at law or in equity or by
statute. It is expressly agreed that the remedy at law for breach by a party of its obligations
hereunder may be inadequate in view of the complexities and uncertainties in measuring the
actual damages which would be sustained by reason of either party's failure to comply fully with
each of such obligations. Accordingly, the obligations of each party hereunder are expressly
made enforceable by specific performance. If it becomes necessary for any party to this
Agreement to bring suit to enforce or interpret the provisions hereof, the prevailing party to such
suit shall be entitled to its reasonable and necessary attorney's fees and costs.
Section 8. Post-Event Analysis. The Host Committee has engaged a consultant to

perform a post-event analysis of Event-related projections to available post-Event data; and the
Host Committee shall furnish a copy of such consultant's final report to the City.
Section 9. Mutual Waiver of Certain Damages. THE CITY AND THE HOST
COMMITTEE EACH HEREBY EXPRESSLY, IRREVOCABLY, FULLY AND FOREVER
RELEASES, WAIVES AND RELINQUISHES ANY AND ALL RIGHT TO RECEIVE
PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES FROM THE OTHER (OR
ANY PAST, PRESENT OR FUTURE BOARD MEMBER, TRUSTEE, DIRECTOR,
OFFICER, EMPLOYEE, AGENT, REPRESENTATIVE, OR ADVISOR OF THE OTHER) IN
ANY CLAIM, DEMAND, ACTION, SUIT, PROCEEDING OR CAUSE OF ACTION IN
WHICH THE HOST COMMITTEE AND THE CITY ARE PARTIES, WHICH IN ANY WAY
(DIRECTLY OR INDIRECTLY) ARISES OUT OF, RESULTS FROM OR RELATES TO
ANY OF THE FOLLOWING, IN EACH CASE WHETHER NOW EXISTING OR
HEREAFTER ARISING AND WHETHER BASED ON CONTRACT OR TORT OR ANY
-3-
Packet Pg. 106
8.a
OTHER LEGAL BASIS: THIS AGREEMENT; ANY PAST, PRESENT OR FUTURE ACT,
OMISSION, CONDUCT OR ACTIVITY WITH RESPECT TO THIS AGREEMENT; ANY
TRANSACTION, EVENT OR OCCURRENCE CONTEMPLATED BY THIS AGREEMENT;
THE PERFORMANCE OF ANY OBLIGATION OR THE EXERCISE OF ANY RIGHT

UNDER THIS AGREEMENT; OR THE ENFORCEMENT OF THIS AGREEMENT.
Section 10. Time of the Essence. Time is of the essence with respect to the obligations of
the Parties to this Agreement. However, if a date specified or computed under this Agreement for
the performance of an obligation by any party, or for the occurrence of any event provided herein,
shall be a Saturday, Sunday or "legal holiday" (defined for purposes hereof as any holiday
observed by the City), then the date of such performance or occurrence shall automatically be
extended to the next calendar day that is not a Saturday, Sunday or legal holiday.
Section 11. Severability. If any provision of this Agreement is held to be illegal, invalid
or unenforceable under present or future laws, the legality, validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby, and this Agreement shall
be liberally construed so as to carry out the intent of the parties to it.
Section 12. Notices. Any notice, request or other communication required or permitted
to be given under this Agreement shall be given in writing by delivering it against receipt for it,
by depositing it with an overnight delivery service or by depositing it in a receptacle maintained
by the United States Postal Service, postage prepaid, registered or certified mail, return receipt
requested, addressed to the respective parties at the addresses shown herein (and if so given,
shall be deemed given when mailed). Notice sent by any other manner shall be effective upon
actual receipt by the party to be notified. Actual notice, however and from whomever given or
received, shall always be effective when received. Any party's address for notice may be
changed at any time and from time to time, but only after thirty (30) days' advance written notice
to the other parties and shall be the most recent address furnished in writing by one party to the
other parties. The giving of notice by one party which is not expressly required by this
Agreement will not obligate that party to give any future notice.
If to the City:
City of Irving
825 W. Irving Boulevard
Irving, Texas 75060
Attention: Tommy Gonzalez, City Manager
with a copy to:

City of Irving
Irving, Texas 75060
Attention: Charles R. Anderson, City Attorney
-4-
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8.a
If to the Host Committee:

North Texas Super Bowl XLV Host Committee, Inc.
2911 Turtle Creek Blvd., Suite 1000
Dallas, Texas 75219

Attention: William H. Lively, President
with copy to:

Winstead PC
5400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
Attention: Denis C. Braham, Chairman and CEO
Section 13. Parties in Interest. The terms of this Agreement shall be binding upon, and
inure to the benefit of, the parties hereto and their permitted successors and assigns. This
Agreement may not be assigned by the City. The Host Committee may not assign this
Agreement but may collaterally assign and/or pledge its interest in this Agreement to secure the
obligations of any credit facility of the Host Committee. Nothing in this Agreement, whether
express or implied, shall be constructed to give any person or entity (other than the parties hereto
and their permitted successors and assigns) any legal or equitable right, remedy or claim under or
in respect of any terms or provisions contained in this Agreement or any standing or authority to
enforce the terms and provisions of this Agreement.
Section 14. General. Terms with initial capital letters are defined terms. Words or
phrases in quotations marks indicate the definition of a term. A defined term has the same
meaning throughout this Agreement, may appear in this Agreement before its definition and
applies to all grammatical variations of the term also shown with initial capital letters. The
masculine, feminine and neuter genders used in this Agreement each includes the masculine,
feminine and neuter genders, and whenever the singular number is used, the same shall include the
plural where appropriate, and vice versa. Wherever the term "including" or a similar term is used
in this Agreement, it shall be interpreted to mean "including, without limitation." The words
"shall" and "will" as used in this Agreement have the same meaning and are mandatory, and the
word "may" is permissive. The headings used in this Agreement are included for reference only
and shall not be considered in interpreting, applying or enforcing this Agreement. This Agreement
shall not be modified or amended in any manner except by a writing signed by all the parties
hereto. This Agreement represents the entire and integrated agreement between the parties with
respect to the subject matter hereof. All prior negotiations, representations or agreements not
expressly incorporated into this Agreement are hereby superseded and cancelled. The parties
acknowledge and represent that this Agreement has been jointly drafted by the parties, that no
provision of this Agreement will be interpreted or construed against any party solely because the
party or its legal counsel drafted such provision and that each of them has read, understood and
approved the language and terms set forth herein. This Agreement may be executed in multiple
counterparts, each of which shall constitute but one agreement. All signatures need not be on the
same counterpart.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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8.a
EXECUTED to be EFFECTIVE of the date first set out above.
CITY OF IRVING, TEXAS

_________________________________
ATTEST:
________________________
Shanae Jennings
________________________
Charles R. Anderson
City Attorney
Signature Page – Trust Fund Agreement -6-

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8.a
NORTH TEXAS SUPER BOWL XLV HOST

COMMITTEE, INC.

By:
Roger Staubach, Chairman
By:
William H. Lively, President
Signature Page – Trust Fund Agreement -7-

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8.a
Exhibit "A"
Event Plan
Police Overtime.............................................................................$305,700

Fire / EMS Overtime ....................................................................$282,000
Public Works Overtime for Snow Removal (if required).........$100,000
Total ...............................................................................................$687,700
Exhibit "A" – Event Plan Cover Page

1060250v.4
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9
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3696

Recommending Department: Financial Services LSR No: 11708
Resolution -- Approving an Economic Incentive Agreement Between the

City of Irving and Consolidated Electrical Distributors, Inc.
2. Impact: Approval of this agreement will allow the City of Irving to attract a
Consolidated Electrical Distributors, Inc. (CED) to Irving which will allow the City to
become the point of sale for at least $75 million in taxable sales annually.
3. CED will create at least 80 new full-time jobs with an average annual salary of at
least $75,000 before benefits.
4. CED has purchased the building located at 1920 Westridge Drive.
5. CED will generate at least $75 million in taxable sales that will generate at least
$750,000 in sales tax for the City of Irving annually.
6. The agreement provides a $300 job credit for a minimum of 50 full-time jobs up to a
maximum of 80 full-time jobs if residency in Irving is maintained for a continuous
three year period. Maximum amount of this incentive is $24,000.
7. The agreement also provides for a rebate of personal property taxes paid to the City
of 30% per year for five years if the value of the business personal property is at at
least $2,000,000 above the 2010 base year values. Estimated value of this
incentive is $17,283.
8. The final incentive is a 50% rebate of collected sales tax for 10 years. Estimated
value of this incentive is $3,750,000.
9. In order to receive these incentives, CED must employ at least 80 full-time
employees earning at least $75,000 before benefits during the term of this
agreement. CED must also use at least 200 City of Irving hotel room annually,
continuously occupy at least 20,000 square feet of their building during the term of
this agreement, maintain a business personal property value of at least $2,000,000
above the 2010 tax year base value and generate at least $75,000,000 in taxable
sales in the City of Irving.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
.
ATTACHMENTS:
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9
CED 380 Final Incentive Agreement 113010 (PDF)

N/A
Prepared: 11/16/2010 04:58 PM by Brad Duff
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9
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 Consolidated Electrical Distributors, Inc., 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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9.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
December, 2010, by and between the City of Irving, Texas (CITY), a home rule city and
Attachment: CED 380 Final Incentive Agreement 113010 (3696 : 8 CED 380 Eco Incentive)
municipal corporation of Dallas County, Texas, and CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC. (“CED”), acting by and through its authorized officers, for the
purposes and considerations stated below:
WHEREAS, the CITY has adopted a Comprehensive Policy Statement on Local

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

governing economic incentive agreements to be entered into by the CITY as
contemplated by Chapter 380, Texas Local Government Code; and
WHEREAS, the CITY desires to enter into an Agreement with CED 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 CED for and in consideration of the mutual
covenants and promises contained herein, do hereby contract, covenant and agree as
follows:
I.
DEFINITIONS
Wherever used in this Agreement, the following capitalized terms shall have the
meanings ascribed to them:
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9.a
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 CED and located at 1920 Westridge 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 twenty thousand (20,000) square feet or more of
space on the Premises for a minimum of ten (10) years, (ii) the creation of at least
eighty (80) new or transferred into the City subsequent to the date of this Agreement,
jobs with an average annual salary of at least $75,000 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 two-hundred (200)
confirmed Irving Hotel Room Nights per year.
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 CED qualifies for under the terms of
this Agreement.
H. "Premises" shall mean all that parcel of land with improvements located at 1920
Westridge Drive, at least twenty thousand (20,000) square feet of improvements is
owned or leased by CED.
I. “Qualified Facilities” shall mean the ownership or lease of at least twenty

thousand (20,000) square feet of space in the Premises.
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9.a
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.
II.
INCENTIVE 1 – JOB CREDITS GRANT
A. CED Obligations. In consideration of the City entering into this Agreement
providing for the payment of funds constituting this Job Credits Grant, CED
agrees to:
1. Provide proof of lease or ownership of not less than 20,000 square feet of
space located at 1920 Westridge Drive, Irving, Texas (the Premises) no later
than December 31, 2010.
2. Continuously occupy not less than 20,000 square feet of space at the
Premises throughout the term of this Agreement.
3. Maintain at least eighty (80) full-time jobs with an average annual salary of at
least seventy-five thousand dollars ($75,000) before benefits, as shown on its
quarterly payroll report , for a minimum of ten years (10) years at the
Premises.
4. Cause the use of at least two hundred (200) 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 20,000 square feet of space of
the Premises.
b. a minimum of eighty (80) full-time jobs with an average annual salary
of at least seventy-five thousand dollars ($75,000) before 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 two hundred (200) Irving Hotel Room Nights per
calendar year, by either CED or its vendors or suppliers.
d. a listing of CED employee names and proof of employment with CED
during the required three (3) year period 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 CED 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 CED full-time employees reside in rented homes or
apartments, CED will provide alternative forms of residency verification
such as monthly water, telephone, electric or cable television bills.
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9.a
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 CED 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 CED is convicted of a violation under 8 U.S.D. Section
1324a(f), CED 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 CED receives notice of violation from the City.
9. Should CED fail to comply with any material term of this Agreement, CED
shall have thirty (30) days after written notice from City to come into
compliance. If the noncompliance is not cured within that period, CED
agrees to remit to the City a sum equal to the Grant made by the City to CED
pursuant to this Agreement, plus interest at ten percent (10%) per annum
from the date Grant was made.
B. City Grant. In exchange for CED’s compliance with all terms and provisions of
this Agreement, City shall provide CED a Job Credits Grant from lawfully
available funds a one-time cash grant, not to exceed $24,000.00, calculated as
three-hundred dollars ($300) per full time employee who resides in the City of
Irving, and works at the Premises, under the following conditions:
1. a minimum of fifty (50) full time employees, with a hire date subsequent to this
Agreement, with an average annual salary of at least seventy-five thousand
dollars ($75,000) before benefits up to a maximum of eighty (80) full-time
jobs;
2. for full-time jobs created within three (3) years of the effective date of this
Agreement; and
3. Irving residency must be maintained for three (3) consecutive years before
the City is required to pay the one-time grant to CED.
III.
INCENTIVE 2 –BUSINESS PERSONAL PROPERTY TAX GRANT
A. CED OBLIGATIONS. In consideration of the City entering into this Agreement

providing for this Business Personal Property Grant, CED 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;
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9.a
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 eighty (80) full-time employees with an average annual salary
of at least $75,000 before benefits;
5. Purchase a minimum of two-hundred (200) Irving Hotel Room Nights per
year;
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 eighty (80) full-time jobs with an average annual salary
of at least seventy-five thousand dollars ($75,000); and
c. payment of at least two-hundred (200) Irving Hotel Room Nights per
calendar year, by either CED 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 CED’s compliance with all terms and provisions of this
Business Personal Property Grant, City shall provide CED 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, CED meets the Minimum Threshold Eligibility Requirements.
3. Annual Rates of Grant – The following shall be the CED annual rates for
calculation of the Grant amount:
Tax CED Total

Year Grant
1 30%
2 30%
3 30%
4 30%
5 30%
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9.a
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.
5. Minimum Average Salary Per Employee – Should the average annual
salary per employee before benefits fall below $75,000, 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 $75,000.
6. Minimum Number of New Employees – Should the number of employees

fall below eighty (80), 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 eighty (80).
7. Confirmed Irving Hotel Stays – Should the number of confirmed Irving Hotel
Room Nights fall below two-hundred (200), 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 two-
hundred (200).
8. Each year in which a Business Personal Property Grant is due and payable to
CED, the CITY shall calculate the Grant amount and make the Grant payment
to CED, 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.
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9.a
IV.
SALES TAX REBATE
A. CED’s Obligations. In consideration of City entering into this Agreement
providing for the payment of funds constituting a grant, CED agrees to:
1. Provide proof of lease or ownership of at least twenty thousand (20,000)

square feet of space located at 1920 Westridge Dr. (the Premises) no later
than December 31, 2010.
2. Beginning in 2011, continuously occupy not less than twenty-thousand
(20,000) square feet at the Premises throughout the term of this
agreement.
3. Beginning in 2011, a minimum of $75,000,000 taxable sales at the
Premises per calendar year.
4. Beginning in 2012, 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 20,000 square feet of space
of the Premises; and
b) A minimum of $75,000,000 taxable sales at the premises during the
prior calendar year.
5. Render the business personal property to the Dallas Central Appraisal
District and remain current on all taxes of property owned by CED in the City
of Irving for the term of this agreement.
6. Use the words “Irving, Texas” or “Irving, TX” when printing an address on
literature, all stationery, business cards, or other printed or electronic
materials which identify the Premises.
7. Covenant and certify that CED 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 CED is convicted of a violation under 8 U.S.D Section
1324a(f), CED 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 CED receives notice of violation from the City.
8. Remit to the City a sum equal to the Grant made under this agreement,
plus interest at ten percent (10%) per annum from the date Grant was made,
should CED breach this agreement or fail to comply with any material term of
this agreement, following thirty (30) days written notice from City to come into
compliance.
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9.a
B. City Grant Upon compliance with all terms and provisions of this agreement,
City shall provide CED from lawfully available funds a Grant in ten (10) annual
payments, in the amount calculated by multiplying the sales tax revenue
generated at the premises and paid to the City of Irving, by the following:
Year Grant
1 (2012) 50%
2 50%
3 50%
4 50%
5 50%
6 50%
7 50%
8 50%
9 50%
10 50%
Should the annual taxable sales at the premises fall below $75,000,000, there shall be
no Grant allowed that year or any future year until the annual taxable sales at the
Premises equals or exceeds $75,000,000.
“Sales tax revenue” means the City’s share received from the Office of the Texas
Comptroller for Public Accounts of the 1% municipal sales tax, that is presently in effect
pursuant to Texas Tax Code Sections 321.101(a) and 321.103, resulting from (i) sales
tax remitted by CED to the Texas Comptroller, (ii) sales/use tax remitted directly by
CED under its sales tax permit, or which CED is able to document results in sales/use
tax revenue to the City, and (iii) sales/use taxes assessed from an audit by the Texas
Comptroller.
Each year in which a Grant is due, the CITY shall calculate the Grant amount and make
the payment to CED, via check or other acceptable means, no later than March 31 of
the applicable year. In the event of error by the Office of the Texas Comptroller for
Public Accounts in computing “sales tax revenue”, a reconciliation payment shall be
made by the appropriate party to the other, as applicable, within forty five (45) days of
receipt of notice of such error from the Texas Comptroller.
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9.a
V.
GENERAL PROVISIONS APPLICABLE TO ALL INCENTIVES
A. All procedures followed by the CITY conform to the requirements of the Code,
and will be undertaken in coordination with CED’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.
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, CED (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, CED 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 CED, but no later than January 1, 2012 and shall continue for
the full ten (10) year period ending no later than December 31, 2021.
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9.a
VII.
RECORDS AND AUDITS
A. Throughout the term of this agreement, the CITY or its agents shall have
reasonable access to CED’S Premises by CITY employees (upon prior reasonable
notice to CED) for the purpose of verifying CED employee records in accordance
with the specifications and conditions of this agreement; provided that CED shall
have the right to accompany CITY employees for any such verification and keeping
in mind the privacy and security interest of CED and CED’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.
VIII.
BREACH
A. CITY may modify this Agreement if CED fails to comply with the terms of this
Agreement, provided that any such modification will have prospective application
only and CED may terminate this Agreement on notice to the CITY, if any such
modifications are not mutually acceptable.
B. If CED fails to comply with the terms of this Agreement, or in the event that (i) the
operation is moved from the CITY or (ii) CED 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) CED breaches any
of the material terms or conditions of this Agreement, then CED shall be in default
of this Agreement. In the event that CED defaults in its performance of (i), (ii) or
(iii) above, the CITY shall give CED written notice of such default and if CED 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
CED, 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 CED has commenced and is pursuing the cure of same, then after first
advising the City Council of CED’S efforts to cure same, CED 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 CED under this
Agreement, in the event of default after the expiration of the applicable notice and
cure periods, the CITY shall receive from CED as liquidated damages all previous
grants and Grants made by the CITY to CED pursuant to this Economic Incentive
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9.a
Agreement and10% interest per annum from the date of the first payment and will
become a debt from CED to the CITY. Such amount shall be due, owing, and paid
to the CITY by CED 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
CED, 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 CED.
IX.
EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY
This Agreement and the economic incentives are not assignable by CED 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, CED 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 CED 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:
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.

31356 Via Colinas
Westlake Village, CA 91362
Attention: Brian Wing, CFO

Irving, Texas 75060
Attention: City Secretary
CED DRAFT Page 11

Packet Pg. 125

9.a
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 9th day of December, 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 CED pursuant to

authority granted by their respective Board of Directors through formal delegations.
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, 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.
CED DRAFT Page 12

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9.a
By: ____________________________
Attest:
__________________________
Shanae Jennings
Approved as to form:
__________________________
Charles R. Anderson
City Attorney
CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC.
By: _______________________
Brian Wing
CED DRAFT Page 13

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9.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 CED, 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:
____________________
CED DRAFT Page 14

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10
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3714

Recommending Department: Capital Improvement Program LSR No: 11609
Resolution -- Approving an Interlocal Agreement Between the City of Irving

and the Dallas County Utility and Reclamation District (DCURD) for the
Desiltation of District Waterways and the Maintenance of the Levee,
Waterway Slopes, and Structures
1. This item supports Strategic Goal No. 9: Infrastructure Network and No. 10:
Environmentally Sustainable Community.
2. Impact: This Interlocal Agreement provides partnering opportunities between the
City of Irving and DCURD to provide funding assistance for the dredging of District
canals, lakes, and waterways to maintain proper depths and water quality as well as
to provide adequate cross sections for water conveyance and for the maintenance
of the levee, waterway slopes, and structures.
3. These maintenance provisions satisfy the Texas Commission on Environmental
Quality’s (TCEQ) requirements for the City of Irving’s Texas Pollutant Discharge
Elimination System (TPDES) permit.
Bond Fund.
Recommendation
Contract Required: Yes Review Completed By: Kuruvilla Oommen
.
ATTACHMENTS:
ILA 2010-2011 DCURD (PDF)
DCURD MDF ILA 2010-2011 Exh (PDF)

5041-4110-54601-904009 Budget: $384,000.00 Actual: $384,000.00
Budget Adjustment/Transfer Required: No
Prepared: 11/23/2010 12:03 PM by Lana King
Last Updated: 11/23/2010 02:18 PM by Lana King
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10
CITY OF IRVING

the City of Irving and Dallas County Utility and Reclamation District for the
desiltation of District waterways and the maintenance of the levee, waterway slopes,
and structures in the amount of $384,000.00, and the Mayor is authorized to execute
said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 5041-4110-54601-904009.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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10.a
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Attachment: ILA 2010-2011 DCURD (3714 : 19 Agmt DCURD for Desiltation)
10.a
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10.a
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10.a
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10.a
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10.b
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Attachment: DCURD MDF ILA 2010-2011 Exh (3714 : 19 Agmt DCURD for Desiltation)
11
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3713


and the Irving Flood Control District Section I for Desiltation and
Maintenance Related to District Waterways
1. This item supports Strategic Goal No. 9: Infrastructure and No. 10: Environmentally
Sustainable Community.
2. Impact: The Interlocal Agreement provides partnering opportunities between the
City of Irving and Irving Flood Control District Section I for all design, construction,
permitting, repairs, operation and maintenance of the District’s levees, sumps,
channels, interior drainage facilities and pump stations using District engineers,
contractors and personnel.
3. This Interlocal Agreement meets a requirement of the Texas Commission on
Environmental Quality (TCEQ) for our Texas Pollutant Discharge Elimination
System (TPDES) Storm Water Permit to preserve the water quality of our
waterways.
Bond Fund.
Recommendation
.
ATTACHMENTS:
ILA 2010-2011 IFCD1 (PDF)
IFCD1 MDF ILA 2010-2011 Exh (PDF)

5042-4110-54601-904006 Budget: $600,000.00 Actual: $600,000.00
Prepared: 11/23/2010 11:36 AM by Lana King
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11
CITY OF IRVING

the City of Irving and the Irving Flood Control District, Section I, for desiltation and
maintenance related to district waterways in an amount not to exceed $600,000.00,
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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11.a
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Attachment: ILA 2010-2011 IFCD1 (3713 : 19 Agmt IFCD Sec I for Desiltation Dist Waterways)
11.a
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11.a
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11.a
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11.b
Attachment: IFCD1 MDF ILA 2010-2011 Exh (3713 : 19 Agmt IFCD Sec I for Desiltation Dist Waterways)
North Levee
Northeast Levee
PS #2
Southeast Levee
Parallel
Levees
Outfall
Channel Fraizer
Dam
PS #1
South Levee
IRVING FLOOD CONTROL DISTRICT SECTION I
MDF Interlocal Agreement October 2010 EXHIBIT A

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12
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3710

Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Oncor Electric Delivery Company, LLC, for Phase 1 - Part
3 Undergrounding of Existing Aerial Utilities at Las Colinas Boulevard
Between Lake Carolyn Parkway and Fuller Drive
1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,
No. 3: Economic Development, and No. 9: Infrastructure.
2. Impact: This project will provide for the undergrounding of existing aerial utilities
adjacent to Las Colinas Boulevard between Lake Carolyn Parkway and Fuller Drive.
It will improve the visual impression of the area, promote economic development,
and reduce the possibility of power outages caused by inclement weather events.
3. The Las Colinas Association, in the cooperative completion of the Las Colinas area
utility undergrounding project, will fund 35% of this agreement.
4. Funding in the amount of $94,694.00 is available in the Non-Bond CIP Fund and
Street Improvement Bond Fund.
Recommendation
.
ATTACHMENTS:
DSA Exhibit A Part 3 (PDF)

4001-1902-77010-909050 Budget: $33,142.90 Actual: $33,142.90
4005-1902-77010-909050 Budget: $61,551.10 Actual: $61,551.10
Prepared: 11/23/2010 10:38 AM by Lana King
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12
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 – Part 3 Undergrounding of Existing Aerial Utilities at Las Colinas
Boulevard between Lake Carolyn Parkway and Fuller Drive in an amount not to
exceed $94,694.00, 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 $33,142.90 and Account No. 4005-1902-77010-909050 in the amount
of $61,551.10.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 146

Note:
All duct and electrical system will be owned DCURD Levee 12.a
and maintained by ONCOR Electric Delivery. Future Dart Route
Exist. OH
See contract for more details. OH Removal
Exist. Duct/Cable
Prop. Conduit
Attachment: DSA Exhibit A Part 3 (3710 : 19 DSA Agmt with Oncor for Las Col Blvd)
New Duct/Cable
DSA Exhibit A Part 1 N

DSA Part 3 will remove 11 total poles.
The original plan was 16 poles:
Of the 16 poles “originally” designed

to be removed, 5 poles will remain for
Convention temporary service and feeder back-stand.
Center
These 5 poles remaining will be removed
OH Remove Later
at later date on separate DSA.

HWY 114
Cable installed
DSA Exhibit A Part 2 Inst. 700’
of cable
New PMH-9
OH Remove Later Switchgear
DCURD
EXHIBIT “A” Part 3:
Civil Provided by City of Irving:

•Engineering Plans
•Construction
•All Permitting
Year 2010 Electric Provided by ONCOR:

•OH Removal
“Convention Project” •UG Cable & Equipment Install
Packet Pg. 147
Rev. #1
Exhibit “A” Part 3 Electric Cost= $94,694.00 10-22-10
13
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3670


and Dallas County Community College District for Proposed
Improvements to the North Lake College South Campus
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: This interlocal agreement will construct a 12’ wide lighted trail with benches
and emergency call stations on the North Lake College South Campus. It will
provide a recreation trail link from Shady Grove Trail to Tim Markwood Park.
3. This agreement provides the framework for the implementation of recreation
improvements on the South Campus. The planning will be accomplished with in-
house planning staff and funded by the city. All plans and construction will be
coordinated with the Dallas County Community College District (DCCCD) staff.
4. The city agreed in 2009 to construct $400,000.00 in improvements on the South
Campus in exchange for approximately seven acres of DCCCD property needed for
the DART Orange Line.
5. The improvements will include demolition of an old concrete parking lot and building
slab, brush clearing and tree pruning, 12’ wide concrete trail, trail lighting, benches,
emergency call boxes and grading as needed.
6. The agreement has a two-year term for the completion of the work from the time the
interlocal agreement is approved and signed by both parties.
Recommendation
Previous Action: RES-2009-84 Council Action: Approved
.
ATTACHMENTS:
Temporary Construction Easement - NLC South Campus 10-12-10 (PDF)
NLC South Campus Exhibit A (PDF)
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13

None
Prepared: 10/27/2010 12:00 PM by Lana King
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13
CITY OF IRVING

the City of Irving and Dallas County Community College District for proposed
improvements to the North Lake College South Campus, 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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13.a
TEMPORARY CONSTRUCTION EASEMENT
Attachment: Temporary Construction Easement - NLC South Campus 10-12-10 (3670 : 19 Interlocal Agmt DCCC for NL College Campus)
KNOW ALL BY THESE PRESENTS:
COUNTY OF DALLAS §
THAT Dallas County Community College District, hereinafter referred to as Grantor, for and in
consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR and other good and valuable
consideration, to Grantor in hand paid by the City of Irving, Texas, the receipt and sufficiency of which is
hereby acknowledged and confessed, and for which no lien, expressed or implied, is retained, have this day
Granted and Conveyed and by these presents do hereby Grant and Convey unto the City of Irving, a
municipal corporation situated in Dallas County, Texas, a temporary construction easement upon and
across the following described property:
All that certain tract, piece or parcel of land, lying and being situated in the County of
Dallas, State of Texas, described in EXHIBIT "A" attached hereto and made a part hereof
for all purposes;
TO HAVE AND TO HOLD the same to the City of Irving, together with the right and privilege at any
time to enter said property, or any part thereof, for the purpose of construction of site improvements as
described in EXHIBIT “B” attached hereto and made a part hereof for all purposes.
1. Said temporary easement may be used for the movement of equipment and supplies
including the storage of dirt and fill material reasonable and necessary for the construction of site
improvements described in EXHIBIT “B” attached hereto and made a part hereof for all purposes. The
property covered by this temporary easement may be cleared of trees, brush or other vegetation and
obstructions to allow for the most efficient construction of the site improvements.
2. Said temporary construction easement shall automatically terminate on December 31,

2012 or upon the completion of the project, whichever occurs first.
3. All work performed by the City of Irving or its employees, agents or contractors shall be
conducted in a good and workmanlike manner and in compliance with all applicable laws, ordinances, and
permitting requirements.
EXECUTED this ___ day of ________________ 2010.
GRANTOR:
DALLAS COUNTY COMMUNITY COLLEGE DISTRICT
Wright Lassiter, Jr., Chancellor
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GRANTEE:
CITY OF IRVING
[Acknowledgement Page Follows]

13.a
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13.a
ACKNOWLEDGMENT
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared Wright Lassiter, Jr., Chancellor, Dallas County Community College District,
known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of _____________, 2010.
Notary Public In and For _________County, _________
ACKNOWLEDGMENT

COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared Herbert A. Gears, Mayor, City of Irving, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of _____________, 2010.
Notary Public In and For Dallas County, Texas
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Exhibit “A”
13.b
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Attachment: NLC South Campus Exhibit A (3670 : 19 Interlocal Agmt DCCC for NL College Campus)
13.b
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13.b
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14
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3643

Recommending Department: Real Estate & Development LSR No: 11134
Resolution -- Approving a Revised Joint Use Agreement Between the City

of Irving and the Dallas County Community College District (DCCCD) to
Provide Joint Use of North Lake College Property for Public Mass Transit
Facilities, Including the DART Light Rail Orange Line
2. Impact: This agreement will allow for the DART Light Rail Transit (LRT) Orange
Line to be constructed through the North Lake College campus.
3. The construction plans for the DART LRT Orange Line across the North Lake
College campus property have been modified to reduce the bus area and to add a
Traction Power Sub-Station (TPSS) requiring the modification of the Joint Use
Agreement approved by Council Resolution No. 2009-84 on February 19, 2009.
4. This revised Joint Use Agreement is on the agenda for the Dallas County
Community College District’s (DCCCD) 2010 board meeting.
Recommendation
Previous Action: 2009-84 Council Action: Approval of agreement

None
Prepared: 10/18/2010 04:54 PM by Cynthia Castro
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14
CITY OF IRVING
WHEREAS, City of Irving Council Resolution No. RES-2009-84 approved a Joint Use
Agreement and the Right of Entry and Construction Agreement between the City of Irving and the
Dallas County Community College District (District) to provide permanent and perpetual right of joint
use of the North Lake College property for the purpose of a rail line, station, bus transfer area and bus
access, vehicular parking and related uses along with a temporary construction area; and
WHEREAS, the Dallas Area Rapid Transit (DART) is constructing the DART Light Rail
Transit Orange Line (DART LRT Orange Line); and
WHEREAS, the DART LRT Orange Line design has been modified and the modifications
require the ability to operate and maintain a Traction Power Sub-Station (TPSS) on the District’s
property and a reduction in the permanent land area under the Joint Use Agreement;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached Revised Joint Use Agreement
between the City of Irving and the Dallas County Community College District to
provide permanent and perpetual right of joint use of the North Lake College property
for the purpose of a rail line, station, bus transfer area and bus access, vehicular
parking and related uses along with a temporary construction area, and the Mayor is
authorized to execute said agreement.
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14
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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15
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3727

Recommending Department: Intergovernmental Services LSR No:
Resolution -- Supporting the Home Mortgage Interest Deduction and Its

Impact to the Irving Housing Market
2. Impact: Continuation of the income tax deduction for home mortgage interest will
benefit the Irving housing market.
3. Home ownership is a valuable and critical factor for community sustainability.
4. Home owners have been provided an income tax deduction for their home
mortgage interest and taxes for almost 100 years. The federal panel reviewing debt
reduction considered elimination or decreasing of the home mortgage interest
deduction.
5. Studies have shown the loss of this deduction could erode home values by as much
as 15%, increase foreclosures, and impede new home purchases.
6. The city supports policies that take into account the wide-range usage of this
deduction and its contribution to the economic and societal growth that a strong
housing industry brings to communities.
7. This resolution should be conveyed to our local federal and state representatives.
Recommendation
Contract Required: No Review Completed By: Charles Anderson
Previous Action: N/A Council Action:
.
The completed resolution will be provided to the City Council at the Work Session.

None.
Prepared: 12/3/2010 01:53 PM by Kathryn Guerra
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15
CITY OF IRVING

SECTION I. THAT .
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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16
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3721

Recommending Department: Intergovernmental Services LSR No: 11734
Resolution -- Approving a Fee Agreement with Smith, Jackson, Boyer &

Bovard P.L.L.C. to Conduct a Review of the Entertainment Center’s
Expenditures
2. Impact: This contract will provide the services necessary to conduct a
comprehensive review of the Entertainment Center’s expenditures.
3. Funding in the amount of $51,000.00 is available in the Brimer Fund.
Recommendation
Previous Action: None Council Action:
.

2061-1001-56401-908050 Budget: $51,000.00 Actual: $51,000.00
Prepared: 11/29/2010 10:46 AM by Kathryn Guerra
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16
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached agreement between the City of Irving
and Smith, Jackson, Boyer & Bovard, P.L.L.C., to conduct a review of the Entertainment
Center’s expenditures in the amount of $51,000.00, 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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AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3438

Recommending Department: Housing and Human Services LSR No:
Resolution -- Authorizing the Submittal of a Substantial Amendment to the

2009-2014 Consolidated Plan to the U.S. Department of Housing and Urban
Development for the Use of Federal Funding in Support of Public
Improvements (Postponed at The November 11, 2010 City Council Meeting)
`Administrative Comments
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: The amendment authorization will allow for public improvement projects
that support neighborhood redevelopment, revitalization and basic infrastructure
enhancements.
3. The City Council adopted the FY 2009-10 Housing and Human Services
Department Annual Action Plan and the FY 2009-2014 Consolidated Plan on July
23, 2009, which included the authorization to use $275,000 of Community
Development Block Grant (CDBG) funding for public improvement projects.
4. The Housing and Human Services Board approved the allocation of Community
Development Block Grant (CDBG) funds for Public Improvements in the target area
of MacArthur Boulevard as part of the FY 2009-10 Action Plan at the July 15, 2009
meeting. Initially the funds were allocated for street lighting but after determining
that ownership would be with the utility provider, the Capital Improvements
Department researched and recommended fencing enhancements. The
recommended corridor fencing is within the same target area along both sides of
MacArthur Blvd. between 6th Street and Markwood Park. The project, which
coincides with the City Council’s key focus area of Corridor Enhancements, calls for
the construction of approximately 2,400 linear feet of treated cedar fencing, with
stone column accents at an estimated cost of $274,000.
5. Housing and Human Services staff has evaluated the project and determined that it
is an eligible, reasonable, and prudent usage of these grant funds. This project is
beneficial in that it not only includes neighborhood buffering, and enhancements but
the removal of existing dilapidated/substandard fencing.
6. A briefing to update the HHS Board of the revised usage of these public
improvement funds was provided at the September 15, 2010 meeting. Additionally,
this item was presented as a staff recommendation for approval at the October 20,
2010, meeting, and the HHS Board voted not to endorse the staff recommendation.
The vote was 4-3 (Against – Jenkins, Faust, Smith, DiPietro; For – Dickens,
Beeman, Shlipak)
7. At the November 11, 2010, Council meeting staff was given the direction to take
this item back to the Housing and Human Services Board for additional discussion
at its next meeting followed by a presentation to the Community Services
Committee. The HHS Board discussed this item at the November 17, 2010,
meeting. The first motion considered was to approve the project as presented by
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17
staff, and such motion failed by a 3-6 vote (For – Shlipak, Richards, and Dickens;
Against – Jenkins, DiPietro, Faust, Smith, Beeman, and Moon). Later on during the
meeting, the Board took up the item again at the request of Board member
Richards. Mr. Richards’ motion was to approve the item with a cap of $150,000
contribution to the project from the Community Development Block Grant.
Discussion as a result of the meeting yielded the following viewpoints. Board Chair
Jenkins expressed that she and the Board were in favor of the project, just at a
reduced funding amount. Board member Ms. Faust indicated that she was opposed
to any funding for infrastructure unless it was directly related to a housing
development. The vote was in favor by a 5-4 vote (For – Jenkins, Smith, DiPietro,
Moon and Richards; Against – Dickens, Shlipak, Beeman and Faust).
8. The Community Services Committee will meet to discuss this item on December 9,
2010 at 4:00pm.
Recommendation
Contract Required: No Review Completed By:
Previous Action: Consolidated Plan Council Action:
Adoption 07/23/09
.
ATTACHMENTS:
res MacArthur Fence (PDF)

Prepared: 6/22/2010 09:51 AM by Galen Price
Last Updated: 12/1/2010 10:42 AM by Chris Hooper
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17
CITY OF IRVING
COUNCIL RESOLUTION NO. RES-2010-341
WHEREAS, on July 23, 2009, the City Council approved Resolution No. RES-2009-322,
authorizing the Mayor to submit the Fiscal Year 2009-2014 Consolidated Plan to the United States
Department of Housing and Urban Development for approval, pursuant to said Consolidated Plan; and
WHEREAS, the City wishes to amend the 2009-2014 Consolidated Plan to include the use of
funds for public improvements; and
WHEREAS, on October 20, 2010, the Housing and Human Services Board approved a
recommendation to the City Council for this amendment;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the submission of the attached substantial
amendment to the 2009-2014 Consolidated Plan for the use of United States
Department of Housing and Urban Development grant funds, and the Mayor is
authorized to execute any necessary documents.
SECTION II. THAT the City Council hereby authorizes the use of $275,000 in Community
Development Block Grant (CDBG) funds in support of the corridor fencing project
along MacArthur Boulevard.
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17
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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MacArthur Screening Fence
P j tO t
Project Outcomes
• Safety and security
• N i
Noise reduction and buffering benefits
d ti d b ff i b fit
• Corridor beautification
• Durable fencing materials
Durable fencing materials
• Neighborhood pride
Packet Pg. 168
17.a
Attachment: res MacArthur Fence (RES-2010-341 : 42:Consolidated Plan Amendment)
18
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3706

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

Agreement with RJN Group, Inc., for a Sanitary Sewer Evaluation Survey
(SSES)
3. Impact: This SSES project is required by the TCEQ and will include field testing
and analysis of sanitary sewers to develop a prioritized list of rehabilitation, repair
and replacement projects for a portion of the Southwest Irving Interceptor Basin.
4. This project will require equipment and expertise that the City of Irving does not
have and would be too costly since it would not be continuously used.
5. City staff administered a Request for Qualifications to select an engineering firm for
these services. Five RFQ responses were received and evaluated by staff.
6. The RFQ Response submitted by RJN Group, Inc. best meets the criteria
established in the RFQ. The team put together by RJN Group, Inc., has a great
deal of experience executing projects similar to this one, including previous projects
here in Irving.
7. This is the first step of a two-step process to contract with RJN, Inc. Upon approval
of this resolution, staff will begin negotiations on an Engineering Services
Agreement with RJN Group, Inc. and will place the completed agreement on a
future City Council Agenda for consideration and approval.
Recommendation
Contract Required: N/A Review Completed By: N/A
Comments: Purchasing sent solicitation notices to 138 vendors, of which 83 were M/WBE
vendors for #016M-11F. The City received five responses, in which none were M/WBE
vendors.
ATTACHMENTS:
Evaluation Summary (PDF)
SewerSubBasinsAgendaMap (PDF)
Packet Pg. 169

18

None
Prepared: 11/19/2010 10:17 AM by Marsha Hughes
Last Updated: 12/2/2010 03:58 PM by Regina Bishop
Packet Pg. 170

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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 RJN Group, Inc.,
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 RJN Group,
Inc., the City Council initially selects said firm to provide engineering services for a
sanitary sewer evaluation summary.
SECTION II. THAT the City Council hereby directs that the Water Utilities Department 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
Packet Pg. 171

18
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 172

18.a
Packet Pg. 173

Attachment: Evaluation Summary (3706 : 30P32 AUTH to NEGOTIATE Sanitary Sewer Eval)
18.b
IN
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Attachment: SewerSubBasinsAgendaMap (3706 : 30P32 AUTH to NEGOTIATE Sanitary Sewer Eval)

IN TE
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NURSERY RD
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BELT LINE RD
STORY RD
HUNTER F ERRELL RD
11/30/2010
City of Irving
Dis claimer/Limitation of Liability :
All data, specific ally including the geographic data herein are prov ided "as is"
without warranty of any k ind, either express ed or implied, or statutory , including,
but not limited to, the implied warranties of merchantability and fitness for a
particular purpos e. The us er assumes the entire risk as to the quality and
performanc e of the data. SewerSubBasins.mxd
Sanitary Sewer Evaluation Survey
Created by Water Utilities
´
Packet Pg. 174
19
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3691

Recommending Department: Water Utilities LSR No: N/A
Resolution -- Canceling the Contract with DMD Consultants, Inc., for

Painting Fire Hydrants
3. Impact: The department believes it is in the best interest of the city to rebid this
contract in anticipation of better pricing in a more competitive market.
4. The City is exercising the contractual 30-day cancellation notice without cause
option. Specifications will be revised and released for competitive bids at a later
date.
Recommendation
Previous Action: 2008-303 Council Action: Approved award
Comments: On October 21, 2010, the City sent a certified letter to the vendor advising them
of our intent to cancel this contract exercising the 30-day without cause cancellation option. It
is requested that this contract for #161-08F be canceled effective December 9, 2010.

None
Last Updated: 11/30/2010 04:03 PM by Marsha Hughes
Packet Pg. 175

19
CITY OF IRVING
WHEREAS, DMD Consultants. Inc., was awarded a contract by the City Council by the
adoption of Resolution No. RES-2008-303, which included ITB #161-08F, for Painting Fire Hydrants
to run through July 31, 2011; and
WHEREAS, the City sent a certified letter to DMD Consultants, Inc., on October 21, 2010,
stating the City’s intention to exercise the contractual 30-day cancellation notice without cause with the
understanding that DMD Consultants, Inc., will be eligible to bid at such time a new solicitation is
released; and
WHEREAS, the certified letter to DMD Consultants, Inc., was signed for on October 25, 2010,
and the City has received proof of delivery.

IRVING, TEXAS:
SECTION I. THAT the City Council hereby cancels the award to DMD Consultants, Inc., for
Painting Fire Hydrants, ITB #161-08F, adopted by the passage of Resolution No.
RES-2008-303 effective December 9, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 176

20
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3697

Recommending Department: Parks & Recreation LSR No: N/A
Resolution -- Renewing the Annual Contract with Waste Partners of Texas,

Inc., dba Jackpot Sanitation Services (formerly Texas Toilets) for Portable
Toilet Rental and Cleaning Services
Environments.
2. This item has been recommended by Parks and Recreation Department.
3. Impact: Providing portable restroom facilities for use in City parks, athletic facilities
and during special events provides an important service to our citizens and helps
maintain a healthy outdoor environment.
4. This renewal establishes the continuation of an annual contract to provide portable
toilet rental and cleaning services. The original contract was awarded on the basis
of competitive bids.
5. Funding in the net estimated annual amount of $39,520.46, for a total of $79,040.92
for this two-year contract is available in the General Fund.
FY2012-13
FY2011-12 Est. Exp.
Est. Exp. (Future FY-
FY2010-11 (Future FY- Budget Not Total Two-
Est. Exp. Budget Not Yet Yet Year
Vendor (Current FY) Approved) Approved) Est. Exp.
Waste Partners of Texas, Inc. dba Jackpot
Sanitation Services (formerly Texas Toilets) $29,449.00 $39,520.46 $10,071.46 $79,040.92
Two-year renewal contract Jan-Sep Oct-Sep Oct-Dec

9 mos. 12 mos. 3 mos.
Recommendation
Previous Action: RES-2008-593 Council Action: Approved first renewal
Comments: Service provided by the vendor is good; pricing remains the same. This is the
second of two renewal options for #045M-11F in the total net estimated amount of $79,040.92
for two years.
Packet Pg. 177

20

1001-0751-56406-500 Budget: $29,449.00 Actual: $29,449.00
Purchase orders will be issued as needed for annual contracts.
Last Updated: 11/30/2010 03:59 PM by Marsha Hughes
Packet Pg. 178

20
CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Waste Partners of
Texas, Inc., dba Jackpot Sanitation Services (formerly Texas Toilets) in the net
estimated amount of $29,449.00 for the period of January 1, 2011, through
September 30, 2011; in the net estimated amount of $39,520.46 for the period of
October 1, 2011, through September 30, 2012; and in the net estimated amount of
$10,071.46 for the period of October 1, 2012, through December 31, 2012, subject to
funds being appropriated in Fiscal Years 2011-12 and 2012-13, for Portable Toilet
Rental and Cleaning Services, and awards the renewal 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
Packet Pg. 179

21
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3698

Recommending Department: Parks & Recreation LSR No: N/A
Resolution -- Approving and Accepting the Bids of Crouch Sand & Gravel,
Inc., and Lowery Sand & Gravel Co Inc., for Annual Contracts to Provide
Environments.
2. This item has been recommended by Parks & Recreation.
3. Impact: The maintenance of park grounds, playgrounds, athletic fields and walking
tracks is required to provide a safe, functional, and attractive outdoor environment
for our customers.
4. This award establishes annual contracts for the continuation of providing park
grounds maintenance materials.
5. Funding in the net estimated annual amount of $55,500.00 for this one-year
contract will be available in the General Fund.
FY2011-12
Est. Exp.
FY2010-11 (Future FY- Total One-
Est. Exp. Budget Not Yet Year
Vendor Item(s) (Current FY) Approved) Est. Exp.
Crouch Sand & Gravel, Inc. 1, 2, & 4 $31,458.33 $6,291.67 $37,750.00
Lowery Sand & Gravel Co Inc. 3 $14,791.67 $2,958.33 $17,750.00
Total Estimated Amount $46,250.00 $9,250.00 $55,500.00
Dec-Sep Oct-Nov
(10 mos.) (2 mos.)
Recommendation
Contract Required: N/A Review Completed By: City’s standard 2-page
Comments: Purchasing sent solicitation notices to 54 vendors, of which 18 were M/WBE
vendors for #031M-11F. The City received two responses, in which none were M/WBE
vendors. There is no M/WBE participation in this award. The lowest, responsive responsible
bidders meet specifications and are recommended for award. This award is in the total net
estimated amount of $55,500.00 for one year with no renewal options.
ATTACHMENTS:
Response Summary (PDF)
Packet Pg. 180

21

1001-0751-521101-500 Budget: $46,250.00 Est. Award: $46,250.00
Purchase orders will be issued as needed for annual contract.
Prepared: 11/17/2010 04:39 PM by Marsha Hughes
Last Updated: 11/24/2010 09:47 AM by Darlene Rush
Packet Pg. 181

21
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bids of Crouch Sand &
Gravel, Inc., for Items 1, 2 and 4 in the net estimated amount of $31,458.33 for the
period of December 9, 2010, through September 30, 2011, and in the net estimated
amount of $6,291.67 for the period of October 1, 2011, through December 8, 2011,
subject to funds being appropriated in Fiscal Year 2011-12, and Lowery Sand &
Gravel Co Inc., for Item 3 in the net estimated amount of $14,791.67 for the period of
December 9, 2010, through September 30, 2011, and in the net estimated amount of
$2,958.33 for the period of October 1, 2011, through December 8, 2011, subject to
funds being appropriated in Fiscal Year 2011-12, for Park Grounds Maintenance
Materials, 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. 1001-0751-521101-500 in
the total net estimated amount of $46,250.00.
__________________________________
Max S. Duplant, CPA
Packet Pg. 182

21
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 183

21.a
City of Irving, Texas
Response Summary
ITB Number: 031M-11F
ITB Closing Date: November 12, 2010
Marsha Hughes, Purchasing Agent, (972) 721-3754
*Recommended for Award
*Crouch Sand & *Lowery Sand &
Vendors Gravel, Inc. Gravel Co Inc
Attachment: Response Summary (3698 : 30P07 AWD Park Grounds Materials)

Unit Unit
Item Est. Qty. Description Total Price Total Price
Price Price
Sandy Loam Top

1 500 yds. $20.25 $10,125.00 $23.50 $11,750.00
Soil
Ball Diamond Clay

2 500 cu. yds. $22.25 $11,125.00 $37.50 $18,750.00
Mixture
3 200 tons Red Dog Cinders No bid $0.00 $88.75 $17,750.00
4 1,000 cu. yds. White Asphalt Sand $16.50 $16,500.00 $17.50 $17,500.00
Gross Total $37,750.00 $65,750.00
Net Total $37,750.00 $65,750.00
Average Tons or Yards Per Load? left blank 24 tons
Average Delivery Time? 1- 2 days 1 day
Average Cubic Yards Per Load 20 yards 10 yards
Minimum Haul Size? 20 yards 10 yards
Packet Pg. 184

Page 1 of 1
22
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3701

Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding the Contract to Kraftsman Playground & Park

Equipment for the Purchase and Installation of two Circulating
Sprayground Systems through the State of Texas Local Government
Statewide Cooperative Purchasing Program Administered by the Texas
Association of School Boards (the BuyBoard Program)
Environments.
2. This item has been recommended by Capital Improvement Program Team.
3. Impact: These installations will provide new aquatic amenities for the City with a
longer operational season and more daily hours of use.
4. The spraygrounds will not require any new staff positions for daily operations. The
facilities will feature recirculation of water and have lower overall operational costs.
5. This contract will provide design, purchase, and installation of two sprayground
systems, one for Northwest Park and one for Southwest Park.
6. This aquatic amenity will be a neighborhood zero-depth interactive aquatic
sprayground system which features flush mounted bubblers, fountains, and pole –
mounted spray elements along with vertical interactive elements on a concrete
surface.
7. This project has a construction budget of $1,100,000. City staff will coordinate the
installation of the sprayground systems with the remaining elements of the design,
which includes shade canopies, site furnishings, building renovations, landscape,
irrigation, lighting, and pavement installations. The remaining $411,884.08 will be
used for these remaining items.
8. Funding in the net amount of $688,115.92 is available in the Park Improvement
Bond Fund.
Vendor Item(s)
(Current FY) (Current FY)
Kraftsman Playground & Southwest Park $345,407.24 $345,407.24
Park Equipment Northwest Park $342,708.68 $342,708.68
(Total One-time only) $688,115.92 $688,115.92
Recommendation
Packet Pg. 185

22
Contract Required: Yes Review Completed By: City’s Standard NCLC

Comments: The City of Irving entered into an Interlocal Participation Agreement with the
Texas Local Government Statewide Purchasing Cooperative Purchasing Program
administered by the Texas Association of School Boards (the BuyBoard Program) on
January 11, 2001, and renewed February 20, 2007. This purchase meets competitive bid
requirements with the State of Texas statutes, rules, policies, and procedures. Pricing is
reasonable, within budget, and Purchasing assigned #046M-11F to this item for tracking
purposes.
ATTACHMENTS:
Vendor Pricing Summary for Southwest Park (PDF)
Vendor Pricing Summary for Northwest Park (PDF)

4007-0732-72001-911002 Budget: $688,115.92 Actual: $688,115.92
P0188250
Prepared: 11/18/2010 11:23 AM by Darlene Rush
Packet Pg. 186

22
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached contract with Kraftsman
Playground & Park Equipment in the net amount of $688,115.92 for the purchase and
installation of two Circulating Sprayground Systems, through the State of Texas Local
Government Statewide Cooperative Purchasing Program administered by the Texas
Association of School Boards (the BuyBoard Program), 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
Packet Pg. 187

22.a
Packet Pg. 188

Attachment: Vendor Pricing Summary for Southwest Park (3701 : 30P19 AWD Sprayground Equip for NW and SW Parks)
22.a
Packet Pg. 189

22.a
Packet Pg. 190

22.a
Packet Pg. 191

22.a
Packet Pg. 192

22.a
Packet Pg. 193

22.b
Packet Pg. 194

Attachment: Vendor Pricing Summary for Northwest Park (3701 : 30P19 AWD Sprayground Equip for NW and SW Parks)
22.b
Packet Pg. 195

22.b
Packet Pg. 196

22.b
Packet Pg. 197

22.b
Packet Pg. 198

22.b
Packet Pg. 199

23
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3702

Recommending Department: Capital Improvement Program LSR No:
Resolution -- Approving the Purchase from Libra-Tech Corporation for

Furnishings for the West Irving Library through the State of Texas Local
Government Statewide Cooperative Purchasing Program Administered by
the Texas Association of School Boards (the BuyBoard Program)
Environments.
4. Some items in this award are book shelves, upholstered chairs, and tables.
5. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on
this award is 100%.
Libra-Tech Corporation
$208,496.47 $208,496.47
(One-time only)
Recommendation
Comments: The City of Irving entered into an Interlocal Participation Agreement with the
Texas Local Government Statewide Purchasing Cooperative Purchasing Program
administered by the Texas Association of School Boards (the BuyBoard Program) on
January 11, 2001, and renewed February 20, 2007. This purchase meets competitive bid
requirements with the State of Texas statutes, rules, policies and procedures. Pricing is
reasonable, within budget, and Purchasing assigned #047M-11F to this item for tracking
purposes.
ATTACHMENTS:
Vendor Pricing Summary for Biblomodel Furnishings (PDF)
Packet Pg. 200

23
Vendor Pricing Summary for Nienkamper Furnishings (PDF)

4010-1402-71101-909045 Budget: $208,496.47 Actual: $208,496.47
P0188270
Prepared: 11/18/2010 01:31 PM by Darlene Rush
Last Updated: 12/3/2010 08:22 AM by Lana King
Packet Pg. 201

23
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Libra-Tech Corporation
in the net amount of $208,496.47 for Furnishings for the West Irving Library, through
the State of Texas Local Government Statewide Cooperative Purchasing Program
Administered by the Texas Association of School Boards (the BuyBoard Program),
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
Packet Pg. 202

Attachment: Vendor Pricing Summary for Biblomodel Furnishings (3702 : 30P19 AWD Libra-Tech for
Packet Pg. 203

23.a
PRICING SUBMITTAL FORM

REFERENCE NUMBER 29001
West Irving Library

4444 West Rochelle Road
Irving, Texas 75062
PRICING SUBMITTAL DUE DATE: October 12, 2010 at 2:00 PM
SUBMflTED by: Libra-Tech Corporation

(Business Name)
525 E. Hickory Hill Rd.
(Business Address)
Argyle, TX 76226
All Pricing shall be submitted to the City of Irving (Purchasing Office) either by mail, courier, fax
or email:
City of Irving
825 W. Irving Blvd.
Irving, TX 75060
Phone: (972) 721-2600
Fax: 972.721.2592
Attn: Terry Read
Email: [email protected]
on behalf of
City of Irving West Irving Library

—
826 W. Irving Blvd.

Irving, TX 75060
(972) 721-2600
To Whom It May Concern:

The undersigned, having examined the drawings, the site of the proposed work and being familiar with all
of the conditions surrounding the work, including availability of materials and labors, hereby proposes to
furnish all labor, materials, services, and equipment required in conjunction with or properly incidental to
ALL WORK for the City of Irving and the West Irving Library in conformance with the following drawing(s)
and furniture equipment list prepared by Hidell and Associates Architects, Inc. dated November 1, 2010,
Drawings: Drawings included Architectural

FURN-100 Furniture Plan
Furniture Information: Furniture Equipment List
All acknowledge herein for the lump sum base bid amount (including delivery, shipping and
installation) of:
PRICING PACKAGE(for: Biblomodel )
Eighty-seven thousand, four hundred and seventy-six & 31/100’s
87,476.31
PRICING SUBMITrAL FORM-I

Packet Pg. 204

23.a
Note: Amount shall be shown in both words and figures. In case of discrepancy, the amount
shown in words shall govern.
ACKNOWLEDGEMENTS;
The undersigned hereby acknowledges that items purchased for installations part of this project are
exempt from Texas State and local Sales Tax.
TIME OF COMPLETION:
The undersigned agrees to begin installation of furniture, fixtures and equipment as directed by
the City of Irving.
The undersigned affirms that the stipulated base price sum represents the entire cost per contract
documents as defined and that no claims will be made on account of any increase in wage scales,
material prices, insurance, cost indexes, or any other rates affecting the industry and/or this project.
DESCRIPTION:
Signed
’
4 t ul- 4
Printed Name: penny H. Grot ky
Title: President
Firm Name: Libra-Tech Corporation
LegalAddress 525 E. Hickory Hill Rd.

Argyle, TX 76226
TelephoneNo.: (940) 4643033
FaxNo.: (940) 464-3034
Email: penny@libraryfurniture .com
TXAMS I BuyBoard I
TCPNLicense#: BuyBoard #337-10
Organized as a (Mark One)

Proprietorship
Partnership
Corporation X
Under the Laws of the State of Texas
SEAL: If a corporation, emboss seal in space provided above.
Note:
Do not detach price from other papers. Fill in with nk and submit complete with other papers. Name should be typed or printed under all
signatures In the price.
PRICING SUBMITTAL FORM.2

Packet Pg. 205

23.a
WEST IRVING Public Library city of Irving

Library Furniture 29001
Equipment List F.F. & E
FURNISHINGS 11.1.10
SPECIFICATION Tony Blaas @ Hidell Architects
MANUFACTURE: Biblomodel Shelving

Representative: Libra Tech Corporation
-
525 E Hickory Hill

Argyle, TX 76226
Contact: Penny Gromatzky
Phone: (940) 464-3033
Email: penny(âlibrarvfurniture.corn
PricIng shall be provided as indicated for each Item, Including delivery, shipping and installation. Provide TXMASIBuyB0ardI
GSA License # as part of returned pricing Information. Reference attached floor plan for reference and location of each item.
PLAN MODEL NO.!

ITEM LOCATION CODE MANUF. DESCRIPTION QTY NET Ext. NET
Adult Collection SH-1 Biblo X206610
- FICTION:Biblomodel Double Faced Starter, 9 324 .98 2, 924 .82
129 66”H x 36”W x 10/10 with (2) integral back
base shelves, (8) integral back adjustable
shelves, (10) sliding book supports and end
panel brackets.
Steel Finish for Shelving: Light Grey O5DK
-
411-04. Base shelf (flat).
2 Adult Collection 511-2 Biblo X21 6610

- FICTION:Biblomodel Double Faced Adder, 44
129 66H x 36”W x 10/10 with (2) integral back 259.98 11,439.12
panel brackets.
-
3 Adult Collection SH-3 Biblo X106610

- FICTION: Biblomodel Single Faced Starter, 1 215.22 215 .22
129 6611 x 36”W x 10 with
(4) integral back adjustable shelves, (5)
sliding book supports and end panel brackets
-
4 Adult Collection SH-4 Biblo Xli 6610

- FICTION: Biblomodel Single Faced Adder,
129 158 23 632 92
66Hx36”Wx10with(1)s e b eshef
(4) integral back adjustable shelves, 5)
-

- NON-FICTION: Biblomodel Double Faced 9 324 98. 2, 924 82
.
129 Starter, 66”H x 36”W x 10/10 with (2) sloped

panel brackets.
-

Packet Pg. 206

23.a
WEST IRVING Public Library City of Irving

FURNISHINGS 11.1.10

-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Email: pennylibrarvfurniture.com
Pricing shall be provided as indicated for each Item, including delivery, shipping and Installation. Provide TXMASIBuyBoard/
GSA License # as part of returned pricing information. Reference attached floor plan for reference and location of each item.
PLAN MODEL NO. I

ITEM LOCATION CODE MANUF. DESCRIPTION QTY. NET Ext. NET
- NON-FICTION: Biblomodel Double Faced 53 259.98 13, 778 94 .
129 Adder, 66”H x 36”W x 10/10 with (2) sloped

shelves and (10) sliding book supports. Steel
Finish for Shelving: Light Grey O5DK 411-
-
04. Base shelf (flat).

- LARGE PRINT/OVERSIZE:Biblomodel 2
129 352.23 704.46
Double Faced Starter, 66”H x 36”W x 12/12
with (2) integral back base shelves, (8)
integral back adjustable shelves, (10) sliding
book supports and end panel brackets
-
8 Adult Collection SH-10 Biblo X21 6612

- LARGE PRINTIOVERSIZE:Biblomodel 8
129 Double Faced Adder, 66”H x 36’W x 12112 284.68 2,277.44
with (2) integral back base shelves, (8)
book supports and end panel brackets.
-
9 Quiet Reading SH-5 Biblo Xl 06610-

- PERIODICAL: Biblomodel 66”H x 36KW x 2
Room 127 HP 10D, Single-faced Starter with (4) 10D 683 .84 1,367.68
Hinged Periodical Shelves with Acrylic Screen
and End Panel Brackets
Steel Finish: Light Grey- O5DK 411-04.
10 Quiet Reading SH-6 Biblo X116610-

- PERIODICAL: Biblomodel 66”H x 36”W x 629.67 3, 778.02
Room 127 HP 10”D, Single-faced Adder with (4) 10”D
Hinged Periodical Shelves with Acrylic Screen
Steel Finish: Light Grey O5DK 411-04.
-
2
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FURNISHINGS 11.1.10
SPECIFICATION Tony Blaas Hidell Architects

-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Email: i,ennyilibraMurniture.com
Pricing shall be provided as Indicated for each item, IncludIng delivery, shipping and Installation. Provide TXMAS/BuyBoardl
PLAN MODEL NO. I

11 Collection 139 SH-1 1 Biblo X204812
- REFERENCE: Biblomodel 48”H x 36MW x 3 263 .29 789 87.
12112”D Double-Faced Starter with (2) 12”D

Steel Base Shelves with Back Edge, (4) 12”D
Steel Adjustable Shelves with back edge, (6)
Sliding Book Supports and End Panel
Brackets.
Provide Canopy Top Brackets for canopies.
-
12 Collection 139 SH-12 Biblo X214812

- REFERENCE: Biblomodel 48”H x 36”W x 6 196.57 1, 179 .42
12112”D Double-Faced Adder with (2) 12”D
Steel Base Shelves with back edge, (4) 12”D
Steel Adjustable Shelves with back edge and
(6) Sliding Book Supports. Provide Canopy
Top Brackets for canopies.
-
Collection 139 SH-13 Biblo-X204812 SPECIAL COLLECTION: Biblomodel48”Hx 263.29 526.58

36MW x 12/12”D Double-Faced Starter with (2)
12”D Steel Base Shelves with Back Edge, (4)
1 2D Steel Adjustable Shelves with back
edge, (6) Sliding Book Supports and End
Panel Brackets.
Provide Canopy Top Brackets for canopies.
-
14 Collection 139 SH-14 Biblo X214812 SPECIAL COLLECTION: Biblomodel 48”H X 196. 57 786 .28
-
36”W x 12/1 2”D Double-Faced Adder with (2)

12”D Steel Base Shelves with back edge, (4)
12”D Steel Adjustable Shelves with back
edge and (6) Sliding Book Supports. Provide
Canopy Top Brackets for canopies.
-
Packet Pg. 208

23.a

FURNISHINGS 11.1.10

-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Email: pennvlibraMurniture.com
Pricing shall be provided as Indicated for each item, including delivery, shipping and installation. Provide TXMASIBuyB0ardI
PLAN MODEL NO. I

15 Teen Collection SH-1 5 Biblo Xl 06610
- TEEN: Biblomodel Single Faced Starter, 66”H 2 215 22
. 430 .44
130 x 36”W x 10”D with (1) integral flat base shelf,
-
411-04.
16 Teen Collection SH-16 Biblo X116610

- TEEN: Biblomodel Single Faced Adder, 66”H Z 158.23 791.15
130 x 36”W x 10”D with (1) integral flat base shelf,
-
411-04.
Note: B sed on he furnitur plan the quantity
should b 5 - on was change to SH-16.1
16.1 Teen Collection SH-16.1 Biblo TEEN: Biblomodel Single Faced Adder, 66”H 1 246.75 246.75
130 x 36GW x 10”D with (5) MD Zig-Zag Shelves
for paperbacks and end panel brackets.
-
411-04.
17 Teen Collection SH-17 Biblo TEEN: Biblomodel 66”H x 36”W x 10I10°D,

130 410.68 410.68
Double-faced Starter with SIDE A: (1) Steel
Base Shelf with Back Edge, (4) 10”D Steel
Adjustable Shelves with Back Edge, (5)
Sliding Book Supports and end panel
brackets. SIDE B: (5) MD Zig-Zag Shelves for
AV and End Panel Brackets.
-
Packet Pg. 209

23.a

FURNISHINGS 11.1.10

-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Email: pennylibrarvfurniture.corn
PricIng shall be provIded as IndIcated for each Item, IncludIng delivery, shIppIng and Installation. Provide TXMAS/BuyBoardl
GSA LIcense # as part of returned pricing Information. Reference attached floor plan for reference and location of each item.
PLAN MODEL NO.!

18 Teen Collection SH-18 Biblo- TEEN: Biblomodel 66”H x 36W x 10/10”D, 1 808.00 808.00
130 Double-faced Starter with SIDE A: (1) Steel
Base Shelf with Back Edge, (4) 1 0”D Steel
Adjustable Shelves with Back Edge, (5)
Sliding Book Supports and End Panel
Brackets. SIDE B: (4) 10”D Hinged Periodical
Shelves with Acrylic Screen and End Panel
Brackets.
-
19 Teen Collection SH-19 Biblo X216610

- TEEN: Biblomodel 66”H x 36W x 10/10”D, 2 259.98 519.96
130 Double-faced Adder with (2) Integral flat Base
Shelves with Back Edge, (8) 1 OD Steel
Adjustable Shelves with Back Edge and (10)
Sliding Book Supports and end panel
brackets.
-
20 Children SH-20 Biblo X206610

- JUVENILE FICTION: Biblomodel Double 3 324 98
. 974 94
.
Collection 132 Faced Starter, 66’H x 36MW x 10/10 with (2)

Integral back base shelves, (8) integral back
adjustable shelves, (10) sliding book supports
and end panel brackets.
-
411-04. (Base shelf flat).
i? Children SH-21 Biblo X216610

- JUVENILE FICTION: Biblomodel Double 9 259.98 2,339.82
Collection 132 Faced Adder, 66”H x 36”W x 10/10 with (2)
Integral back base shelves, (8) integral back
adjustable shelves and (10) sliding book
supports and end panel brackets.
-
411-04. (Base shelf fiat).

Packet Pg. 210

23.a

FURNISHINGS 11.1.10

-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Email: pennyIibrarvfurniture.com
Pricing shall be provided as Indicated for each item, Including delivery, shipping and installation. Provide TXMASIBuyB0ard/
PLAN MODEL NO. I

22 Children SH-24 Biblo- X206610 NON FICTION: Biblomodel Double Faced 3 324.98 974.94
CollectIon 132 Starter, 66”H x 36W x 10/10 with (2) Integral
back base shelves, (8) integral back
adjustable shelves, (10) sliding book supports
-
23 Children SH-25 Biblo X21 6610

- NON FICTION: Biblomodel Double Faced 9
CollectIon 132 259.98 2,339.82
Adder, 66”H x 36”W x 10/10 with (2) Integral
back base shelves, (8) integral back
adjustable shelves and (10) sliding book
supports and end panel brackets.
-
24 Children Sl-I-22 Biblo X206610

- SIDE A: JUVENILE FICTION, SIDE B: NON 1 324 .98 324 98
.
Collection 132 FICTION: Biblomodel Double Faced Starter,

66”H x 36W x 10/10 with (2) Integral back
panel brackets.
-

- SIDE A: JUVENILE FICTION, SIDE B: NON 3 259.98 779.94
Collection 132 FICTION: Biblomodel Double Faced Adder,
66°H x 36”W x 10/10 with (2) Integral back
shelves and (10) sliding book supports and
end panel brackets.
-

- PICTURE BOOKS: Biblomodel Double Faced 4 314.39 1,257.56
Collection 132 Starter, 48”H x 36’W x 10/10 with (6) 10”D
Divider shelves; end panel and canopy top
brackets.
-
411-04.
6
Packet Pg. 211

23.a

FURNISHINGS 11.1 .10
SPECIFICATION Tony Blaas t Hidell Architects

-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Pricing shall be provIded as indicated for each item, IncludIng delIvery, shipping and installation. Provide TXMASIBuyB0ard/
PLAN MODEL NO. I

- PICTURE BOOKS: Biblomodel Double Faced 12 256 65 . 3, 079. 80
Collection 132 Adder, 48°H x 36GW x 10/10 with (6) 10”D
Divider shelves and canopy top brackets and
end panel brackets.
-
411-04.

- EASY READER: Biblomodel Double Faced 2
CollectIon 132 314.39 628.78
Starter, 48”H x 36W x 10/10 with (6) 10”D
Divider shelves; end panel and canopy top
brackets.
-
411-04.
29 Children SF1.29 Biblo X21481 0

- EASY READER: Biblomodel Double Faced 256 65 . 1, 539. 90
Collection 132 Adder, 48”H x 36”W x 10/10 with (6) 1 0”D
Divider shelves, end panel and canopy top
brackets. Steel
Finish for Shelving: Light Grey O5DK 411-
-
04.
30 Children SH-30 Biblo AUDIONISUAL: Biblomodel Double Faced 383 91 . 383 .91
Collection 132 Starter, 48’H x 36”W x 12112 with (6) 12” MD
Zig-Zag shelves; end panel and canopy top
brackets (for wood canopy tops). Steel Finish
for Shelving: Light Grey O5DK 411-04.
-
30.1 Children SH-30.1 Biblo AUDIONISUAL: Biblomodel Double Faced

Collection 132 Adder, 48”H x 36”W x 12/12 with (6) 12” MD 324.08 324.08
Zig-Zag shelves; end panel and canopy top
brackets (for wood canopy tops). Steel Finish
for Shelving: Light Grey O5DK 411-04.
-
Packet Pg. 212

23.a

FURNISHINGS 11.1.10
SPECIFICATION Tony Blaas t Hidell Architects

-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Email: pennylibraMurniture.com
Pricing shall be provided as Indicated for each item, including delivery, shipping and Installation. Provide TXMASIBuyB0ardI
PLAN MODEL NO. I

30.2 children SH-30.2 Biblo AUDIONISUAL: Biblomodel Elements DF A- 2 1, 175 .08 2, 350 .16
collection 132 Frame Unit, 48”H x 36’W x 12/12 with SIDE
A: (3) 120 MD Zig-Zag shelves and SIDE B:
(6) 6”H Custom Pull-Out Multispace Browse
Boxes; end panel and canopy top brackets
(for wood canopy tops). Steel Finish for
Shelving: Light Grey O5DK 411-04.
-
ii Children SH-31 Biblo MAGAZINES: Biblomodel Single Faced 1 1, 001 .74 1, 001 .74
Collection 132 Starter, 66”H x 36W x 10”D with (4) 10°D
Hinged Periodical shelves with acrylic screens
-
411-04.
31.1 Children SH-31.1 Biblo MAGAZINES: Biblomodel Single Faced 1

629 67 629 67
Collection 132 Adder, 66°H x 36°W x 10°D with (4) 10°D
Hinged Periodical shelves with acrylic screens
Steel Finish for Shelving: Light Grey 05DK
-
411-04.

- NEW BOOKS: Biblomodel Single Faced 3
Collection 132 Adder, 66”H x 36”W x lOD with (1) integral 158 .23 474 .69
back base shelf, (4) integral back adjustable
panel brackets.
-
411-04.

- GRAPHIC NOVELS I PAPERBACKS: 1 215.22 215.22
Collection 132 Biblomodel Single Faced Starter, 66”H x
36”W x 10°D including (1) Integral back base
shelves, (4) integral back adjustable shelves
and (5) sliding book supports and end panel
brackets. Steel Finish for Shelving: Light
Grey O5DK 411-04.
-
Packet Pg. 213

23.a

FURNISHINGS 11.1.10

-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Pricing shall be provided as indicated for each item, Including delivery, shipping and installation. Provide TXMASIBuyB0ardI
PLAN MODEL NO.!

34 Children SH-34 Biblo Xl 16610
- GRAPHIC NOVELS! PAPERBACKS: 5 158 .23 791.15
collection 132 Biblomodel Single Faced Adder, 66”H x 36W
x 10”D including (1) Integral back base
shelves, (4) integral back adjustable shelves
and (5) sliding book supports and end panel
brackets. Steel Finish for Shelving: Light
Grey O5DK 411-04.
-
35 Bookmobile 109 SH-10 Biblo Xl 08410

- Biblomodel Single Faced Starter, 84”H x
36MW x 10 with (1) Integral back base shelf, 237.35 237.35
sliding book supports and end panel brackets.
-
411-04.
36 Bookmobile 109 SH-1 1 Biblo Xl 18410

- Biblomodel Single Faced Adder, 84”H x 36”W 2 178. 97 357 94
.
x 10 with (1) Integral back base shelf, (5)

-
411-04.
37 Bookmobile 109 SH-10.1 Biblo X208410

- Biblomodel Double Faced Starter, 84”H x 1 380 48 380 48
36”W x 10 with (2) Integral back base shelf,
-
411-04.
38 Bookmobile 109 SH-11.1 Biblo X218410

- Biblomodel Double Faced Adder, 84”H x 2
36”W x 10 with (2) Integral back base shelf, 313.18 626.36
-
411-04.
Packet Pg. 214

23.a

FURNISHINGS 11.1.10

RepresentatIve: Libra Tech Corporation
-
525 E Hickory Hill

Argyle, TX 76226
Phone: (940) 464-3033
Email: pennylibraMurniture.com
Pricing shall be provided as Indicated for each item, including delivery, shipping and Installation. Provide TXMASIBuyB0ardI
PLAN MODEL NO.!

39 Staff Workroom SH-10 Biblo Xl 08410
- Biblomodel Single Faced Starter, 84”H x 3 237.35 712.05
111 36MW x 10 with (1) Integral back base shelf,
-
411-04.
40 Staff Workroom SH-1 I Biblo Xli 8410

- Biblomodel Single Faced Adder, 84”H x 36W 4
111 x 10 with (1) Integral back base shelf, (5) 178.97 715.88
-
411-04.
41 Alcove 112 SH-i0 Biblo Xi 08410

- Biblomodel Single Faced Starter, 84H x 1
36”W x 10 with (1) Integral back base shelf, 237.35 237.35
-
411-04.
42 Alcove 112 SH-i 1 Biblo Xii 8410

- Biblomodel Single Faced Adder, 84”H x 36”W 3
x 10 with (1) Integral back base shelf, (5)
integral back adjustable shelves, (6) sliding 178. 97 536 91
.

-
411-04.
Packet Pg. 215

23.a

FURNISHINGS 11.1.10

Representative: Libra - Tech Corporation
525 E Hickory Hill
Argyle, TX 76226
Phone: (940) 464-3033
Email: penny(älibraryfurniture.com
Pricing shall be provided as Indicated for each item, Including delivery, shipping and Installation. Provide TXMASIBuyB0ardI
PLAN MODEL NO. I

43 General Biblo XBEIO-106 Biblomodel Flat Card Holder, 4”x 6” End
- 158 9. 04 1,428 32 .
Collection for Panel Signage Flat Card Holder with Acrylic

-
End Panels Insert 4” x 6”. (SPMT) Biblomodel Acrylic

-
Card Insert 4” x 6’. (79) Double Face

-
Endpanels with (2) signs each.
Proviae ALL required uprights, base plates, crossbars, panel brackets, flush brackets for canopy tops and associatea components
for shelving sections. Coordinate with vendor supplying end panels and canopy tops.
Sub Total I 72,176.31

Total of Items (listed under Sub Total above)
(Including all shipping, delivery and Installation)
I 87,476.311
TXMAS I BuyBoard License # BuyBoard 337-10
Pricing provided by: Company: T,-ihr-Tpcl, Crrpnrt-inn

Kim Tourangeau
Contact Information: Name:
PhoneNumber: (940) 464-3033

kirn@libraryfurniture corn .
Email:
Libra-Tech Terms: 25% Deposit due upon placement of order

25% Due prior to shipment of furniture
50% Due upon completion of installation
23.b
Packet Pg. 216

Attachment: Vendor Pricing Summary for Nienkamper Furnishings (3702 : 30P19 AWD Libra-Tech for West Irv Library)
23.b
Packet Pg. 217

23.b
Packet Pg. 218

23.b
Packet Pg. 219

23.b
Packet Pg. 220

23.b
Packet Pg. 221

23.b
Packet Pg. 222

23.b
Packet Pg. 223

23.b
Packet Pg. 224

24
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3705

Resolution -- Approving the Purchase from Intelligent Interiors, Inc., for

Furnishings for the West Irving Library through the Texas Multiple Award
Schedule (TXMAS) Local Government Statewide Cooperative Purchasing
Program
Environments.
4. Some of the items in this award are tables and upholstered chairs for the adult and
children’s areas, and the teen lounge area.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
100%.
Intelligent Interiors, Inc.
$61,850.00 $61,850.00
(One-time only)
Recommendation
Comments: This purchase meets competitive bid requirements with the State of Texas
statutes, rules, policies and procedures as the City participates in the State’s Cooperative
Purchasing program. Purchasing assigned #049D-11F to this item for tracking purposes.
ATTACHMENTS:
Vendor Pricing Summary (PDF)
Packet Pg. 225

24

4010-1402-71101-909045 Budget: $61,850.00 Actual: $61,850.00
P0188271
Prepared: 11/19/2010 09:46 AM by Darlene Rush
Packet Pg. 226

24
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Intelligent Interiors, Inc.,
in the net amount of $61,850.00 for Furnishings for the West Irving Library, through
the Texas Multiple Award Schedule (TXMAS) Local Government Statewide
Cooperative Purchasing Program, 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
Packet Pg. 227

Attachment: Vendor Pricing Summary (3705 : 30P19 AWD Intelligent Int for FWest Irving Library)
Packet Pg. 228

24.a

REFERENCE NUMBER ei ‘(
West Irving Library

Irving, Texas 75062
SUBMITTED by:
(Business Name)
I L ‘S9 mJl’b 5b0
(Business Address)
15iz T’ 7SJ
All PrIcIng shall be submitted to the City of Irving (Purchasing Office) either by mail, courier, fax
or email:
City of Irving
825 W. IrvIng Blvd.
Irving, TX 75060
Phone: (972) 721-2600
Fax: 972.721.2592
Attn: Terry Read
Email: treadcityofirving.org
on behalf of

—
825 W. Irving Blvd.

Irving, TX 75060
(972) 721-2600

and furniture equipment list prepared by Hidell and Associates Architects, Inc. dated November 1, 2010.

Installation) of:
PRICING PACKAGE (fori LcEga.u &iEzr1 )
1ZLrL( i4ic ÷v
PRICING SUBMITTAL FORM-I

_________________________
Packet Pg. 229

24.a
ACKNOWLEDGEMENTS:
TIME OF COMPLETION:
the City of Irving.
material prices, insurance, cost indexes, or any other rates affecting the industry and/or this project.
DESCRIPTION:
Respectfully Submitted,
Date - /t IC Signed:
Printed Name: #t Ak Z.
Title: 4cr ‘p
Firm Name: -j ç
Legal Address L 3] AtoA ir- LV

Arxzf,Ai 1—x S )
Telephone No.: -ii,%D

Fax No.:
Email: #ktZ J
TXAMS / BuyBoard I
TCPNLicense#: ,-‘----] tIC))cti

Proprietorship
Partnership
Corporation v
Under the Laws of the State of____________________________
SEAL: If a corporation, emboss seal in space provided above.
Note:
Do not detach price from other papers. Fill in with ink and submit complete with other papers. Name should be typed or printed under all
signatures in the price.
PRICING SUBMITTAL FORM-2

Packet Pg. 230

24.a
WEST IRVING Public Library cityof Irving

FURNISHINGS 11.1.10
SPECIFICATION Tony Blaas @ HidelI Architects
MANUFACTURE: OFS/Loewensteln
Representative: OFS Brands Dallas Showroom
—
International on Turtle Creek

150 Turtle Creek Blvd. Suite 207
Dallas, TX 75207
Contact: Robin Rucker
Phone: (214) 571-0366
Email: rrucker(ofsbrands.com
V PrIcIng shall be provided as indicated for each Item, including delivery, shipping and installation. Provide TXMASIBuyBoardI
GSA Ucense # as part of returned pricing information. Reference attached floor plan far reference and location of each item.
PLAN MODEL NO. I

Quiet Reading Cl-I-I OFS/Loewensteln Murano Chair #365S. Dimensions: Overall
- - 8
Room 127 19W x 22”D x 34-1/2”H; Seat Height 18-
—
1/2”. Fabric of Chair is sewn with a cross

seam pattern then double stitched and —‘
wrapped around seat rails foi a custom
accent fabric shall be Leather equal to 3(
Davenport L2: DAV 7835 Camel (Final Color
TBD). Wood Finish shall be equal to Endura
OAK (MEO) (Final Color TBD).
2 Adult Collection CH-1 OFS/Loewenstein Murano Chair - #365S. Dimensions: Overall - 28

129 19W x 22”D x 34-112”H; Seat Height — 18-
seam pattern then double stitched and ii,
wrapped around seat rails for a custom II 1 f)
accent; fabric shall be Leather equal to
TBD). Wood FInIsh shall be equal to Endura
3 CollectIon 139 CH-1 OFS/Loewenstein Murano Chair - #365S. DimensIons: Overall - 14

19W x 22”D x 34-1/2”H; Seat Height — 18-
1/2”. Fabric of Chair Is sewn with a cross
seam pattern then double stitched and
wrapped around seat rails for a custom
39j :7
Davenport 12: DAV 7835 Camel (Final Color
4 Study Room 121 CH-1 OFS/Loewenstein Murano Chair - #365S. DImensions: Overall - 4
19W x 22D x 34-1!2’H; Seat Height — 18-
1/2”. Fabric of Chair is sewn with a cross - ,r ce
seam pattern then double stitched and I)
accent fabric shall be Leather equal to
Davenport 12: DAV 7835 Camel (Final Color
• TBD). Wood Finish shall be equal to Endura
Packet Pg. 231

24.a
WEST IRVING Public Library Cityof Irving

FURNISHINGS 11.1.10
SPECIFICATION Tony Biaas ( Hidefl Architects
MANUFACTURE: OFS/Loewensteln
—
international on Turtle Creek

Dallas, TX 75207
Contact Robin Rucker
Phone: (214) 571-0366
Email: rrucker(iofsbrands.com
Pricing shall be provided as IndIcated for each item, IncludIng delIvery, shIpping and installation. Provide TXMASIBuyBoardI
GSA License # as part of returned pricing InformatIon. Reference attached floor plan for reference and location of each item.
PLAN MODEL NO. I

ITEM LOCATiON CODE MANUF. DESCRIPTION QTY. NET Ext NET
5 Study Room 122 CH-1 OFS/Loewensteln Murano Chair #365S. Dimensions: Overall
- - 4
19”VV x 22”D x 34-1/2”H; Seat Height 18-
—
1/2’. Fabric of Chair is sewn with a cross

seam pattern then double stitched and -r- °
(
Davenport L2: DAV 7835 Camei (Final Color
6 Study Room 123 CH-1 OFS/Loewenstein Murano Chair #365S. Dimensions: Overall
- - 4
19”W x 22”D x 34-1/2”H; Seat Height —18- 1
1/2”. FabncofChairissewnwithacross
seam pattern then double stitched and
3’-fl I .5)
7 Study Room 124 CH-1 OFS/Loewenstein Murano Chair #365S. Dimensions: Overall
- - 4
19W x 22”D x 34.-112”H; Seat Height 18-—

seam pattern then double stitched and ‘1 f
6 Teen Collection CH-2 OFS/Loewenstein Caprice Chair Spider Base #9706 Caster
- - 8
130 Base with Matte Aluminum Finish (Height -a—— —
Adjustment). Dimensions: 22”W x 23’D x 30- f eo ‘
33”H x 1 7-20”SH Standard Nylon Color:

- fYD / L/.,
“RED” (Total of 4) and Poly/Translucent Color
“ORANGE” (Total of 4).
-
, ) 1
j9
Packet Pg. 232

24.a

Ubrary Furniture 29001
FURNISHINGS 11.1.10
SPECIFICATION Tony Blaas Hidel Architects
MANUFACTURE: OFSlLoewenstein
Representative: OFS Brands — Dallas Showroom
International on Turtle Creek
Dallas, TX 75207
Contact Robin Rucker
Phone: (214) 571-0366
Email: [email protected]
Pricing shall be provided as Indicated for each item, including delivery, shipping and Installation. Provide TXMASIBuyBoardI
GSA Ucense # as part of returned pricIng informatIon. Reference attached floor plan for reference and location of each item.
PLAN MODEL NO.!

9 Information OT-1 OFSlLoewensteln Crowne Occasional Table #1 74B Dimensions: 2
Desk 131 24’Wx24Dx22’H. Veneer: Reversed
Diamond Veneer - Brushed Stainless Steel /L,l ‘
standoffs at top. Leg Finish matching wood
veneer. Wood Finish shall be equal to Endura
I ‘J.$ -
10 Quiet Reading OT-3 OFS/Loewenstein Crowne Occasional Table #1 74A 20”Wx22’H 3

Room 127 (Round). Veneer: Reversed Diamond Veneer
. Brushed Stainless Steel standoffs at top. Leg 71j. -
Finish matching wood veneer. Wood Finish •

shall be equal to Endura OAK (MEO) (Final
Color TBD). —
11 Adult Collection OT-4 OFSlLoewenstein Crowne Occasional Table #174B 2

129 32Wx32Dx16H. Veneer: Reversed
Diamond Veneer - Brushed Stainless Steel
standoffs at top. Leg Finish matching wood
‘‘ / cj O
L “-“
veneer. Wood Finish shall be equal to Endura
OAK (MEO) (Final Color TBD). —
12 Adult Collection LC-2 OFSlLoewenstein Morgan Chair #458. Dimensions: 33.5”W x
-
8
129 3VD x 32H x 18SH x 2rAH. Wood Finish
shall be equal to Light Cherry (MLC) (Final
i /
‘‘
—
Color TBD). Upholstery: Shall be equal to one (YOc]
of the following OFS Leathers Davenport L2,
-
or $65.00/sy COM. —
13 Staff Lounge LC-2 OFS/Loewenstein Morgan Chair - #458. DImensions: 33.5MW x 4

116 31”D x 32’H x 18”SH x 2rAI-f. Wood FinIsh
shall be equal to Honey Maple (MHM) (Final
Color TBD). Upholstery: Shall be equal to one / l.J
of the following OFS Leathers - Davenport L2,
5.00/sy COM.
or $
6
14 Adult Collection LC-3A bFS/Loewenstein Ovation Chair #484WT (with Tablet Arm).
- 4
( m9
’
4
129 Dimensions: 33.5W x 33D x 35’H x 18.5’St-f
• x 27”AH. Table Arm and Storage Shelf below ç_-y
Seat Wood Finish shall be equal to Ught
Cherry (MLC) (Final Color TBD). Upholstery:
Shall be equal to OFS Leathers - Davenport
L2.
Packet Pg. 233

24.a

Library FurnIture 29001
FURNISHINGS 11.1.10
SPECIFiCATION Tony Blaas © Hideil Arthitects
MANUFACTURE: OFSlLoewenstein
—
international on Turtle Creek

Dallas, TX 75207
Contact: Robin Rucker
Phone: (214) 571-0366
Email: rrucker(dofsbrands.com
Pricing shall be provided as Indicated for each Item, Including delivery, shipping and Installation. Provide TXMAS!BuyBoardi
PLAN MODEL NO.!

15 Quiet Reading LC-3 OFS/Loewenstein Ovation Chair #484 Dimensions: 29W x
- 3
127 31.5D x 34H x 18’SH x 26.5AH. Legs:
i
WoodFinishshaUbeequaltoLightChen-y I(-fU ¶
(MLC) (Final Color TBD). Upholstery: Shall be
/,
I
equal to OFS Leathers Davenport L2.
-
16 Quiet Reading LC-3A OFSlLoewensteln Ovation Chair #484WT (with Tablet Arm).
- 3
127 Dimensions: 33.5”W x 33’D x 35H x 1 8.5”SH
x 27AH. Table Arm and Storage Shelf below 3j’q LII(’
Seat: Wood Finish shall be equal to Light 1t 1’j ;i
Cherry (MLC) (Final Color TBD). Upholstery:
Shall be equal to OFS Leathers Davenport
-
L2.
SubTotal I(D(I
Total of Items (listed under Sub Total above)
(including all shipping, delivery and Installation)
I .Q5OI
—
TXMAS I BuyBoard License # tê 4i itD i

PricIng provided by: Company:’ ilG. ‘I&jL..
Contact Information: Name:
Phone Number: ( 91 (
7
fl .9 tY
Email: QC &ITL.’22 AEI
25
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3707

Resolution -- Approving the Purchase from AGATI, Inc., for Furnishings for
the West Irving Library through the Texas Multiple Award Schedule
(TXMAS) Local Government Statewide Cooperative Purchasing Program
Environments.
4. Some items in this award are study/reading tables, computer lab tables, and
computer stations.
AGATI, Inc.
$105,654.00 $105,654.00
(One-time only)
Recommendation
Comments: This purchase meets competitive bid requirements with the State of Texas
statutes, rules, policies and procedures as the City participates in the State’s Cooperative
Purchasing program. Purchasing assigned #050D-11F to this item for tracking purposes.
ATTACHMENTS:
Vendor Pricing Summary (PDF)
Packet Pg. 234

25

4010-1402-71101-909045 Budget: $105,654.00 Actual: $105,654.00
P0188272
Packet Pg. 235

25
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from AGATI, Inc., in the net
amount of $105,654.00 for Furnishings for the West Irving Library, through the Texas
Multiple Award Schedule (TXMAS) Local Government Statewide Cooperative
Purchasing Program, 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
Packet Pg. 236

Attachment: Vendor Pricing Summary (3707 : 30P19 AWD AGATI Inc for West Irving Library)
Packet Pg. 237

25.a

REFERENCE NUMBER
West Irving Library

Irving, Texas 75062
SUBMITTED by: _.Agati Inc._

(Business Name)
_121 9 West Lake Street Chicago IL 60607
(Business Address)
All Pricing shall be submitted to the City of Irving (Purchasing Office) either by mail, courier, fax
or email:
City of Irving
825 W. Irving Blvd.
Irving, TX 75060
Phone: (972) 721-2600
Fax: 972.721.2592
Attn: Terry Read
Email: tread @cityofirving.org
on behalf of

—
825 W. Irving Blvd.

Irving TX 75060
(972) 721-2600

and furniture equipment list prepared by Hideil and Associates Architects, Inc. dated November 1, 2010.

installation) of:
PRICING PACKAGE (for: West Irving Library)
One Hundred and Five Thousand Six Hundred and Fifty Four Dollars
($105,654)
PRICING SUBMITTAL FORM-i

__
Packet Pg. 238

25.a
ACKNOWLEDGEMENTS:
TIME OF COMPLETION:
the City of Irving.
material prices, insurance, cost indexes, or any other rates affecting the industry and/or this project
DESCRIPTION:
Respectfully Submitted. 1)
11-19-2010. Signed.
1
—i’ci>,k
Printed Name: Timothy(J-tacal
Title. Western Region Sales Manager
Firm Name: Agati Inc.
Legal Address_1219 West Lake Street

Chicago IL 60607
Telephone No.: 312-829-1977Fax No: 312-829.8249

Email: Jmacal@agatLcom_
TXAMS I Buy8oard /
TCPNLicense#: 4-71111020

Proprietorship —— —
Partnership
Corporation
Underthe Laws of the Stateof
SEAL: II a corporation, emboss seal in space provided above
Note:
Do not detach price from other papers Fill ri with ink and submit complete with other papers. Name should be typed or printed under all
signatures in the price
PRICING SUBMITTAL FORM-2

Packet Pg. 239

25.a

FURNISHINGS 11.1.10
MANUFACTURE: Agati
Representative: WELCO & TURRY
Contact: Ashley Dickey
Phone: (81 7)-938-8370
Email: wtheaIthmsn.com
Pricing shall be provided as indicated for each item, including delivery, shipping and installation. Provide TXMASIBuyB0ardI
PLAN MODEL NO. I

Adult Collection T-3 AGATI BLT-TBL- AGATI Boalt Rectangular Table, with
- 4 4428.00 17,712.00
129 4848-30-C metal detail, panel sides and metal feet.
Dimensions 48W x 48”D x 30”H. Edge
and Panel Profile (Wood species to be
selected from Cherry, Maple, Red Oak
or Walnut Color to be Selected).
-
Laminate Inset Top (TBD Shall be

-
equal to Nevamar). Custom Frosted

Glass divider (height of divider 8’ above
worksurface). Round aluminum posts
with channels bored out to be used to
secure glass. Posts are threaded on
one end and securely bolted thru table.
Metal legs (Powdercoat Silver).
(2 each) Glenbeigh Contemporary
Surface Mount Power & Data Unit ELEC
GLEN-CONT-PWR-MS (Color: Metallic
Silver) and (1 each) Slinky Cable
Manager to allow for flexibility while
concealing cables running to floor box
ELEC-SLINKY-RD-SIL. (Note: table
power&data connection shall be able
to plug-in to electrical floor box.
Provide adequate length of cable
manager system to reach floor
box...floor box locations vary from
table to table.)
Packet Pg. 240

25.a

FURNISHINGS 11.1.10
MANUFACTURE: Agati
Phone: (81 7)-938-8370
Email: wtheaIth(msn.com
PLAN MODEL NO. I

ITEM LOCATION CODE MANLJF. DESCRIPTION QTY. NET Ext. NET
2 Adult Collection T-4 AGATI ANT-TBL AGATI 2-Person Antrim Rectangular
- 2 1746.00 3,492.00
129 4836-30-SE-C Table, Thick Square Edge Profile.
Dimensions 48’W x 36”D x 30”H.
(Wood species to be selected from
Cherry, Maple, Red Oak or Walnut -
Color to be Selected). Laminate Inset

Top (TBD Shall be equal to Nevamar).
-
Power-coated metal base with round

legs, end apron rails and center
stretcher. (Silver). (1 each) PAPD to-
be recessed in top of worksurface

(Color Metallic Silver). Surface Mount
Power & Data Unit ELEC-M2X-P+D-AA
and (1 each) Slinky Cable Manager to
allow for flexibility while concealing
cables running to floor box ELEC
SLINKY-RD-SIL. (Note: table
Packet Pg. 241

25.a

FURNISHINGS 11.1.10
MANUFACTURE: Agati
Phone: (817)-938-8370
Email: wthealthmsn.com
PLAN MODEL NO. I

3 Adult Collection T-5 AGATI ANT-TBL AGATI 4-Person Antrim Rectangular
- 4 3,022.00 12,088.00
129 7248-30-SE-C Table, Thick Square Edge Profile.
Dimensions 72W x 48”D x 30”H.

-
PAPD to be recessed in top of

worksurface. Power-coated metal base
with round legs, end apron rails and
center stretcher. (Silver). (1 each)
-
worksurface (Color Metallic Silver).

M2X-P+D-AA and (1 each) Slinky Cable
table to table.)
4 Adult Collection AS-i AGATI BLT-ATL- AGATI Boalt Collection Atlas Stand,
- 1 3,889.00 3,889.00
129 3028-45-C angled top with 4 retractable drawers.

-
Atlas Stand shall have route lines to

mimic design of Boalt collection tables.
Packet Pg. 242

25.a

FURNISHINGS 11.1.10
MANUFACTURE: Agati
Phone: (81 7)-938-8370
Pricing shall be provided as indicated for each item, including delivery, shipping and installation. Provide TXMAS/BuyBoard/
PLAN MODEL NO. I

5 Collection 139 T-3 AGATI BLT-TBL- AGATI Boalt Rectangular Table, with
- 3 4,428.00 13,284.00
4848-30-C metal detail, panel sides and metal feet.
Dimensions 48W x 48”D x 30”H. Edge
and Panel Profile (Wood species to be
selected from Cherry, Maple, Red Oak
or Walnut Color to be Selected).
-
Laminate Inset Top (TBD Shall be

-
equal to Nevamar). Custom Frosted

Glass divider (height of divider 8’ above
worksurface). Round aluminum posts
with channels bored out to be used to
secure glass. Posts are threaded on
one end and securely bolted thru table.
Metal legs (Powdercoat Silver).
(2 each) Glenbeigh Contemporary
GLEN-CONT-PWR-MS (Color: Metallic
Silver) and (1 each) Slinky Cable
table to table.)
Packet Pg. 243

25.a

FURNISHINGS 11.1.10
SPECIFICATION Tony Blaas © Hidell Architects
MANUFACTURE: Agati
Phone: (81 7)-938-8370
Email: wthealth(msn.com
PLAN MODEL NO. I

6 Collection 139 T-4 AGATI ANT-TBL AGATI 2-Person Antrim Rectangular
- 2 1,746.00 3492.00
4836-30-SE-C Table, Thick Square Edge Profile.
Dimensions 48W x 36’D x 30”H.

-
Power-coated metal base with round

legs, end apron rails and center
stretcher. (Silver). (1 each) PAPD to-
be recessed in top of worksurface

(Color Satin Nickel). Surface Mount
Power & Data Unit ELEC-M2X-P+D-AA
and (1 each) Slinky Cable Manager to
allow for flexibility while concealing
cables running to floor box ELEC
SLINKY-RD-SIL. (Note: table
table to table.)
Packet Pg. 244

25.a

FURNISHINGS 11.1.10
SPECIFICATION Tony Blaas © Hidell Architects
MANUFACTURE: Agati
Phone: (817)-938-8370
Pricing shall be provided as indicated for each item, including delivery, shipping and installation. Provide TXMASIBuyB0ard!
PLAN MODEL NO. I

7 Study Room 124 T-5 AGATI ANT-TBL AGATI 4-Person Antrim Rectangular
- 1 3,022.00 3,022.00

-

-
worksurface (Color Satin Nickel).

table to table.)
Packet Pg. 245

25.a

Equipment List FF. & E
FURNISHINGS 11.1.10
MANUFACTURE: Agati
Phone: (817)-938-8370
Pricing shall be provided as indicated for each item, including delivery, shipping and installation. Provide TXMAS/BuyBoard!
PLAN MODEL NO. I

- 1 3,022.00 3,022.00

-

-

table to table.)
Packet Pg. 246

25.a

FURNISHINGS 11.1.10
SPECIFICATION Tony Blaas c Hidell Architects
MANUFACTURE: Agati
Phone: (81 7)-938-8370
Pricing shall be provided as indicated for each item, including delivery, shipping and installation. Provide TXMASIBuyB0ard/
PLAN MODEL NO. I

- 1 3,022.00 3,022.00
Dimensions 72W x 48D x 30”H.

-

-

box..floor box locations vary from
table to table.)
Packet Pg. 247

25.a
WEST IRVING Public Library cay of Irving

FURNISHINGS 11.1.10
MANUFACTURE: Agati
Phone: (81 7)-938-8370
Email: wtheaIthmsn.com
Pricing shall be provided as indicated for each item, including delivery, shipping and installation. Provide TXMAS!BuyBoardl
PLAN MODEL NO. I

- 1 3,022.00 3,022.00
Dimensions 72W x 48”D x 30H.

-

-

ELEC-SLINKY-RD-SlL. (Note: table
table to table.)
Packet Pg. 248

25.a

FURNISHINGS 11.1 .10
MANUFACTURE: Agati
Phone: (817)-938-8370
Email: wthealth(ãmsn.com
PLAN MODEL NO.!

11 Quiet Reading T-5 AGATI ANT-TBL AGATI 4-Person Antrim Rectangular
- 2 3,022.00 6,044.00
Room 127 7248-30-SE-C Table, Thick Square Edge Profile.
Dimensions 72W x 48’D x 30”H.

-

-

table to table.)
Teen Collection DB-1 AGATI HMP-

- AGATI Straight Banquette with 4 2,090.00 8,360.00
130 STG-6025-MLB- cushioned seat and back, metal legs.
PLS Plastic Laminate Screen (Color TBD
- -
Shall be equal to Nevamar, Pionite or

Wilsonart). Dimension: 60W x 25’D x
48”H x 19”SH. Fabric $65.00 COM
-
requirement: 6 yards of 54” wide plain

fabric. Contrasting Fabric: Seat 3 yards,
back 3 yards. Metal legs shall be
Dowder-coated “silvers’ —
AGATI TB:-
- AGATI Rectangular Table with Disc 2 1,229.00 2,458.00
DBSE-6024-29 Bases, metal base. Plastic Laminate
Top (Color TBD Shall be equal to
- -
Nevamar, Pionite or Wilsonart), PVC

Edge Band. Dimension: 60W x 24”D x
49”H. Metal base shall be powder
coated “silver.
Packet Pg. 249

25.a

FURNISHINGS 11.1.10
MANUFACTURE: Agati
Phone: (81 7)-938-8370
Email: wthealthtmsn.com
PLAN MODEL NO. I

13 Computer Lab CC-3 AGATI SF-STR- AGATI Elements 4-Person single sided
- - 6 4,718.00 28,308.00
126 96-SF-EOR-96 computer station. Laminate panel and
worksurface (Color TBD). Each unit will
require wood divider between the individual
work stations within each unit. LAPD under
work surface. Units will have subtle
curve/radius to follow curve of wall. Units
shall be bolted to floor (TBD and
coordinated with Owner). Power-coated
metal base with round legs, end apron rails
and center stretcher. (Silver). Provide (24)
ELEC-4TRAK-STA-BK 4-Trak Electrical (per
each station); (24) J Channel Wire Cable
Manager per each station; (6) ELEC
SLINKY-RD-SIL Slinky Cable Manager
allowing for flexibility while concealing
cables running to floor box. (Note: table
power connection shall be able to be
hardwired to electrical floor box(s).
manager “system to reach floor box...(1)
floor box by Wiremold (RC7AFFTC) is
located at each end of the 6 rows of
tables. At the opposite end of each row is
a data floor box by Wiremold (4FFATC).
Furniture manufacture is required to
coordinate that adequate connections of
tables reach the floor box to provide a
powered system)
14 TXMAS Volume Discount 5% -5561
Sub Total I $105,654.00 I

Total of Items (listed under Sub Total above) I $105,654.OOI
(including all shipping, delivery and installation)
TXMASI Buy Board License # I 4-711110201

Pricing provided by: mpany: AGATI -- Welco and Turry
Contact Information: Name: Ashley Dickey
Phone Number: 817-938-8370
11
Packet Pg. 250

25.a

FURNISHINGS 11.1.10
MANUFACTURE: Agati
Phone: (81 7)-938-8370
Email: wthealthmsncom
Pricing shall be provided as indicated for each item, including delivery, shipping and installation. Provide TXMASIBuyBoard/
PLAN MODEL NO. I

Email: wthealth(dtmsncom
26
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3704

Recommending Department: Information Technology LSR No: 11620
Resolution -- Awarding the Single Source Agreement to Black Box Network

Services for the Purchase of a 3-Year PASS PLUS Program for the Citywide
Telecommunication System
1. This item supports Strategic Goals No. 6: Effective Communications and No. 9:
Infrastructure Network.
2. This item has been recommended by Information Technology.
3. Impact: The 3-Year Pass Plus program is necessary to maintain manufacturer’s
software support for the citywide telecommunication system. This provides for a
no-charge software release upgrade to the latest software release during the
coverage period. In the event this maintenance is not purchased, the city would
incur an upgrade charge of $180,000 (est.) every two years to maintain the phone
system software. If the software versions are not maintained, then the
telecommunication system will not be supported by the manufacturer and any
failures would result in a loss of all phone service including Police and Fire
Administration lines.
4. Funding in the net annual amount of $32,971.84 for a total of $98,915.51 for this
three-year contract is available in the General Fund.
FY2011-12 FY2012-13 Total
FY2010-11 Award Award Three-Year
Vendor Award (Future FY- (Future FY-
Award
(Current FY) Budget Not Yet Budget Not Yet
Approved) Approved)
Black Box Network
Services
(3-year agreement with
$32,971.84 $32,971.84 $32,971.84 $98,915.52
fixed yearly pricing payable
at the beginning of each
12-month period)
Recommendation
Contract Required: Yes Review Completed By: Carrie J. Morris
Comments: Black Box Network Services is a single source vendor, as they currently hold the
maintenance and support agreement for the City’s telecommunications systems that runs
through September 30, 2012. Purchasing assigned #048M-11F to this item for tracking
purposes.
Packet Pg. 251

26
ATTACHMENTS:
A. RES Vendor Statement of Work (PDF)
B. RES Vendor Order Form (PDF)
C. Vendor Single Source Letter (PDF)

1001-2310-56406-100 Budget: $32,971.84 Actual: $32,971.84
P0188261
Last Updated: 12/1/2010 04:19 PM by Antina Garza
Packet Pg. 252

26
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached agreement with Black Box
Network Services in the net amount of $32,971.84 for the period of December 9,
2010, through December 8, 2011; in the net estimated amount of $32,971.84 for the
period of December 9, 2011, through December 8, 2012; and in the net estimated
amount of $32,971.84 for the period of December 9, 2012, through December 8,
2013, subject to funds being appropriated in Fiscal Years 2011-12 and 2012-13, for
the Purchase of the 3-Year Pass Plus Program for Software Support for the Citywide
Telecommunication System, and awards the contract to said company in said amount,
and authorizes the Mayor to execute the attached agreement.
__________________________________
Max S. Duplant, CPA
Packet Pg. 253

26
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 254

26.a
Packet Pg. 255

Attachment: A. RES Vendor Statement of Work (3704 : 30P23 AWD 3-Year PASS Plus for Telecommunications)
26.a
Packet Pg. 256

26.a
Packet Pg. 257

26.a
Packet Pg. 258

26.b
Packet Pg. 259

Attachment: B. RES Vendor Order Form (3704 : 30P23 AWD 3-Year PASS Plus for Telecommunications)
26.b
Packet Pg. 260

Attachment: B. RES Vendor Order Form (3704 : 30P23 AWD 3-Year PASS Plus for Telecommunications)
26.c
Packet Pg. 261

Attachment: C. Vendor Single Source Letter (3704 : 30P23 AWD 3-Year PASS Plus for Telecommunications)
27
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3708

Recommending Department: Planning & Inspections LSR No: 11578
Ordinance -- Amending Chapter 7 “Billboards and Signs” of the Land

Development Code of the City of Irving, Texas; Providing Penalty, Savings,
Severability, and an Effective Date.
1. This item supports Strategic Goals No. 6: Communication and No. 8: Sound
Governance.
2. Impact: Amending the sign ordinance as proposed will allow businesses to install
digital [electronic] signs by right with some limitations. This will reduce the number
of special sign permit [variance] cases that must be heard and approved by the City
Council
3. The proposed amendments will:
A. Without requiring a variance, allow the installation of electronic sign panels with
a maximum area of 40 square feet on:
• Monument signs that do not exceed 70 square feet in area, are a maximum 7
feet in height, and are oriented perpendicular to the primary road
• Wall or canopy signs that comply with the dimensional limitations of this
ordinance, and are limited to no more than one image change per day
B. Require compliance with performance standards such as minimum eight second
displays and automatic brightness adjustment.
C. Require a minimum separation of 100 feet from residentially zoned property.
4. The amendments will be effective upon the passage of this ordinance.
5. These amendments were presented to the Planning and Development committee
on October 21, 2010.
Recommendation
• Contract Required: N/A • Review Completed By: Jennifer Richie
• Previous Action: ORD-2010-9216 on • Council Action: Approve amendments to
10/21/2010 Chapter 7
• .
•

NONE
Packet Pg. 262

27
Prepared: 11/22/2010 09:02 AM by Rachel Garza
-2-
Packet Pg. 263
27
ORDINANCE NO. (ID # 3708)
AN ORDINANCE AMENDING CHAPTER 7 “BILLBOARDS AND SIGNS” OF THE LAND

DEVELOPMENT CODE OF THE CITY OF IRVING, TEXAS; PROVIDING PENALTY, SAVINGS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, digital technology now makes it possible to allow changeable messages to deliver
useful commercial and non-commercial information to the public, including emergency information for
public safety purposes; and
WHEREAS, the public purpose is served by amending Chapter 7 to allow the use of current
technology;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That Section 7-1 “Definitions” of Chapter 7 “Billboards and Signs” of The Land
Development Code of the City of Irving, Texas, is hereby amended by deleting the definition of
“message center” and adding the definition of “electronic sign” and to read as follows:
Electronic sign means a sign, display, or device that changes its message by programmable
electronic processes; utilizes digital images or light-emitting diode technology; or employs electronic
variable messages in any manner. This term includes but is not limited to: digital sign, electronic
message center, electronic video screen, LED sign, and sign with a digital image.
SECTION 2. That subsection (4) of Section 7-2 “General Provisions” of Chapter 7 “Billboards
and Signs” of The Land Development Code of the City of Irving, Texas, is hereby amended to read as
follows:
(4) No sign's copy, face, lettering, or location shall be altered by changing the message or by
renovating an existing message until a sign permit for the work has been issued by the
director. It is an affirmative defense to this subsection that the sign is altered only by changing
a temporary message made from interchangeable characters attached to tracts or grooves on
the sign board or by changing image on an electronic sign. It is an affirmative defense to this
section that the sign does not require a permit.
SECTION 3. That subsection (6) of Section 7-3 “Special Provisions” of Chapter 7 “Billboards
and Signs” of The Land Development Code of the City of Irving, Texas, is hereby amended to read as
follows:
(6) Electronic signs shall:
a. Not exceed 40 square feet in area;
b. Be located one hundred (100) feet or more from residentially zoned property;
c. Be installed as a component of:
-1-
Packet Pg. 264
27
1. A monument sign or multi-tenant sign that:
i. Does not exceed 70 square feet in area;
ii. Is a maximum 7 feet in height; and
iii. Is oriented perpendicular to the primary road; or
2. A wall or canopy sign that:
i. Complies with the dimensional limits set forth in section 7-3 (14); and
ii. Is limited to no more than one image change per day.
For purposes of this subsection, the term wall sign does not include window, awning, or
projecting sign.
d. Comply with the following performance standards:
1. Not display any illumination by flashing, intermittent or moving lights; not contain or
display animated, moving video or scrolling elements; nor project a static image upon
a stationary object;
2. Each message shall be displayed for at least eight (8) seconds and a change of message
shall be accomplished within two (2) seconds or less;
3. A change of message must occur simultaneously on the entire sign face;
4. Contain a default design mechanism that freezes the sign in one (1) position if a
malfunction occurs;
5. Will automatically adjust the intensity of its display brightness according to natural
ambient light conditions;
6. Not have lamp(s) or lighting that is bright enough to interfere with the vision of a drive
on an adjacent road; and
7. The sign owner shall provide contact information for a person who is available at any
time and is able to turn off the sign promptly after malfunction occurs or reduce the
intensity of the sign within one (1) hour of a request by the director to a level
acceptable for traffic safety.
It is an affirmative defense that legally installed electronic signs in existence at the time of
the passage of this subsection may remain, but the electronic sign must be brought into
compliance with the performance standards as described section 7-3(6)d within 90 days of the
passage of this subsection unless an earlier compliance deadline was established by an approved
special sign case or zoning change.
SECTION 4. That of Section 7-3.1 “Special Provisions” of Chapter 7 “Billboards and Signs”
of The Land Development Code of the City of Irving, Texas, is hereby amended to read as follows:
-2-
Packet Pg. 265
27
-3-
Packet Pg. 266
27
Sec. 7-3.1. Special sign permit for on-premise electronic signs.
(a) Electronic signs that do not comply with the criteria established in 7-3 (6) may be installed on
new and lawfully existing signs if a special sign permit is obtained from the city council.
(b) The applicant shall show that the proposed digital image will meet the performance standards
as described in section 7-3 (6)d or may propose other performance standards and information that
would ameliorate the effects of the electronic sign. When considering a request for a special sign permit
for an electronic sign, the city council may consider other factors and impose reasonable conditions
including modifications to the requirements of chapter 33A of The Code of Civil and Criminal
Ordinances of the City of Irving, Texas, that reduce the secondary effects of the electronic sign.
(c) Fee. The application for the special sign permit shall be accompanied by a non-refundable fee
of seven hundred fifty dollars ($750.00) per sign.
SECTION 5. That Section 7-18 “Fee Schedule” of Chapter 7 “Billboards and Signs” of The
Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as
follows:
Sec. 7-18. Fee schedule.
Sign permit fees are as follows:
TABLE INSET:
Type Install Reface Annual

$100.00
Billboards $ $
Digital Billboards $1000.00 $200.00

Electronic signs $750.00
Special Event (Banners) 35.00
All other types up to 50 square feet 35.00
50.00
All other types 51 to 100 square feet 50.00

100.00
All other types 10 to 400 square feet 150.00 75.00
SECTION 6. That subsection 21 of Section 7-4 “Prohibited Signs” of Chapter 7 “Billboards

and Signs” of The Land Development Code of the City of Irving, Texas, is hereby deleted and the
remaining subsection renumbered accordingly.
SECTION 7. That save and except as amended by this ordinance, the provisions of Chapter 7
of The Land Development Code of the City of Irving, Texas, shall remain in full force and effect.
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SECTION 8. That 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 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 9. That nothing in this ordinance shall be constructed to affect any suit or
proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of
action acquired or existing, under any act or prior ordinance; nor shall any legal right or remedy of any
character be lost, impaired, or affected by this ordinance.
SECTION 10. Any person violating or failing to comply with any provision of this chapter
shall be fined upon conviction not less than one dollar ($1.00) nor more than five hundred dollars
($500.00). Each day any violation of any provision of this chapter continues constitutes a separate
offense.
SECTION 11. 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
Meeting: 12/9/2010 DOC ID: 3726

Recommending Department: Planning & Inspections LSR No: 11489
Ordinance -- Designating a Certain Contiguous Geographic Area in the City

of Irving as "Tax Increment Reinvestment Zone Number Two, City of Irving,
Texas - Irving Boulevard"; Providing the Effective and Termination Dates
for the Zone; Establishing a Tax Increment Fund for the Zone; and
Containing Other Matters Related to the Zone
2. Impact: Creation of the Tax Increment Finance Zone Number Two - Irving
Boulevard (TIF #2) will provide a dedicated revenue source and plan to stimulate,
guide and sustain the long-term redevelopment initiative for the Irving Boulevard
corridor.
3. A TIF is not a tax. A TIF merely sets aside a portion of the tax revenue generated
by the overall increase in value of the property within the TIF and applies that tax
revenue to projects and initiatives within the TIF.
4. Public involvement included presentations to the Heritage Crossing
Communications Committee, the City Council Audit and Finance Committee, and a
public informational and input meeting that was held at the Heritage Senior Center
on November 18.
5. The TIF #2 shall take effect upon the adoption of this ordinance and terminate on
December 31, 2040. Approximately $86 million in TIF revenue is expected to be
generated over the 30-year term from the City of Irving and Dallas County. Dallas
County’s participation is limited to 20 years.
6. The TIF #2 will be governed by a 13-member advisory board of directors appointed
by the council and one representative appointed by Dallas County.
Recommendation
• Contract Required: No • Review Completed By: Karen Brophy
• Previous Action: N/A • Council Action: N/A
• .
•
ATTACHMENTS:
• A. ORD Exhibit A TIF #2 _Boundary Map (PDF)
• B. ORD Exhibit A TIF #2_Legal Description (PDF)
Packet Pg. 269

28
• C. TIF #2 - Irving Boulevard_CCWS_12-08-10 (PDF)

• D. TIF #2 - Public Hearing Notice (PDF)
• E. Public Comments (PDF)

NONE
Prepared: 12/1/2010 05:14 PM by Rachel Garza
Last Updated: 12/3/2010 09:06 AM by Belinda Rowlett
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ORDINANCE NO. (ID # 3726)
AN ORDINANCE DESIGNATING A CERTAIN CONTIGUOUS GEOGRAPHIC AREA IN THE

CITY OF IRVING AS "TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, CITY OF
IRVING, TEXAS – IRVING BOULEVARD"; CREATING A BOARD OF DIRECTORS FOR THE
ZONE; PROVIDING THE EFFECTIVE AND TERMINATION DATES FOR THE ZONE;
ESTABLISHING A TAX INCREMENT FUND FOR THE ZONE; AND CONTAINING OTHER
MATTERS RELATED TO THE ZONE.
WHEREAS, the City Council desires to promote the development of a certain contiguous
geographic area in the City, which is more specifically described in Exhibit "A" of this ordinance (the
"Zone"), through the creation of a new reinvestment zone as authorized by and in accordance with the
Tax Increment Financing Act, Chapter 311 of the Texas Tax Code (the Act); and
WHEREAS, the City has prepared a preliminary project and financing plan for the Zone and
provided a copy of that plan to the governing body of each taxing unit that levies taxes on real property
in the Zone, as required by Section 311.003(b) of the Act; and
WHEREAS, in accordance with Section 311.003(e) on or about October 1, 2009, the City
provided written notice to the governing body of each taxing unit that levies real property taxes in the
Zone of (i) the City's intent to establish the Zone; (ii) a description of the boundaries of the Zone; (iii)
the City's tentative plans for development of the Zone; and (iv) an estimate of the general impact of the
Zone on property values and tax revenues; and
WHEREAS, the governing bodies of Dallas County and Irving Independent School District
have advised the City they decline any further or formal presentation as described by Section
311.003(f) of the Act; and
WHEREAS, on December 9, 2010, the City Council held a public hearing regarding the
creation of the Zone and its benefits to the City and to property in the Zone and afforded a reasonable
opportunity for (i) all interested persons to speak for or against the creation of the Zone, its boundaries
or the concept of tax increment financing and (ii) owners of real property in the Zone to protest
inclusion of their property in the Zone, as required by Sections 311.003(c) and (d) of the Act; and
WHEREAS, no owner of real property in the proposed zone protested the inclusion of their
property in the proposed zone; and
WHEREAS, notice of the public hearing was published in a newspaper of general circulation in
the City on November 20, 2010, in accordance with Section 311.003(c) of the Act that publication of
the notice occur not later than the seventh day before the date of the public hearing; and
WHEREAS, the City has provided all information and made all presentations, given all notices,
and done all other actions required by Chapter 311, Texas Tax Code, or other law as a condition to the
creation of the proposed zone;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. Findings.
(a) That the facts and recitations contained in the preamble of this ordinance are hereby found
and declared to be true and correct and are adopted as part of this ordinance for all purposes.
(b) That the City Council finds and declares that the proposed improvements in the zone will
significantly enhance the value of all the taxable real property in the proposed zone and will be of
general benefit to the City.
(c) That the City Council finds the area within the Zone meets the criteria for designation of a
reinvestment zone and satisfies the requirement of Section 311.005 of the Act, in that the area in its
present condition substantially impairs and arrests the sound growth of the City, retards the provision of
housing accommodations and constitutes an economic liability and a detriment to the public health and
safety because of (i) a substantial number of substandard, deteriorated, and deteriorating structures; (ii)
the predominance of inadequate sidewalk and street layouts; (iii) faulty lot layout in relation to size,
adequacy, accessibility, and usefulness; (iv) unsanitary and unsafe conditions; (v) the deterioration of
site and other improvements; and (vi) conditions that endanger life and property by fire or other cause.
(d) That the City Council finds and declares:
(1) That the proposed zone is a contiguous geographic area located wholly within the
corporate limits of the City of Irving;
(2) That the total appraised value of taxable real property in the proposed zone and in existing
reinvestment zones does not exceed 15 percent of the total appraised value of taxable real
property in the City;
(3) That 10 percent or less of the property in the Zone, excluding property that is publicly
owned, is used for residential purposes (defined as any property occupied by a house with
fewer than five living units); and
(4) That the development or redevelopment of the property in the proposed zone will not
occur solely through private investment in the reasonably foreseeable future.
SECTION 2. Designation of Zone.
That the City Council hereby designates the Zone described in the boundary description and
depicted in the map, both attached hereto as Exhibit "A" and made a part of this ordinance for all
purposes, as a reinvestment zone pursuant to and in accordance with Texas Tax Code Chapter 311.
This reinvestment zone shall be known as “Tax Increment Reinvestment Zone Number Two, City of
Irving, Texas - Irving Boulevard.”
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SECTION 3. Zone Board of Directors.
That a board of directors for the Zone ("Board") is hereby created. The Board shall consist of
thirteen (13) members who shall serve for terms of two (2) years each. Of these thirteen (13) members,
each taxing unit other than the City that levies taxes on real property in the Zone may, but is not
required to, appoint one (1) member to the Board. After each taxing unit other than the City designates
either the name of the member that the taxing unit wishes to appoint or the fact that the taxing unit
wishes to waive its right to appoint a member, the City Council shall appoint whatever number of
members are necessary to fill the remaining positions on the Board. The Mayor shall annually
nominate and appoint, subject to City Council approval, a member to serve as chair for a term of one
year beginning on the anniversary of the effective date of this ordinance. The City Council authorizes
the Board to elect from its members a vice chairman and such other officers as the Board sees fit.
The Board shall make recommendations to the City Council concerning the administration,
management, and operation of the Zone. The Board shall prepare and adopt a project plan and a
reinvestment zone financing plan for the Zone and submit such plans to the City Council for its
approval. Subject to approval of the City Council, the Board shall perform all duties imposed upon it
by Texas Tax Code Chapter 311 and other applicable law as necessary and convenient to implement the
project plan and reinvestment zone financing plan. Notwithstanding anything to the contrary herein,
the Board shall not be authorized to (i) issues bonds; (ii) impose taxes or fees; (iii) exercise the power
of eminent domain, or (iv) give final approval to the Zone’s project plan and financing plan.
SECTION 4. Term of Zone.
That the Zone shall take effect upon the adoption of this ordinance and terminate on the earlier
of (i) December 31, 2040, or an earlier termination date designated by an ordinance adopted after the
effective date of this ordinance or (ii) the date on which all project costs, tax increment bonds, and
interest on those bonds have been paid in full.
SECTION 5. Determination of Tax Increment Base.
That the tax increment base for the Zone, as defined by Section 311.012(c) of the Act, shall be
the total appraised value of all real property in the Zone taxable by a taxing unit for the year 2010, the
year in which the Zone was designated as a reinvestment zone.
SECTION 6. Tax Increment Fund.
That a tax increment fund for the Zone (the "TIF Fund") is hereby established. The TIF Fund
may be divided into additional accounts and sub-accounts authorized by resolution of the City Council.
The TIF Fund shall consist of (i) the percentage of the tax increment, as defined by Section 311.012(a)
of the Act, that each taxing unit which levies real property taxes in the Zone, other than the City, has
elected to dedicate to the TIF Fund under an agreement with the City authorized by Section 311.013(f)
of the Act, plus (ii) 65 percent of the City’s Maintenance and Operating portion of the tax increment, as
defined by section 311.012(a) of the Act, subject to any binding agreement executed at any time by the
City that pledges a portion of such tax increment or an amount of other legally available funds whose
calculation is based on receipt of any portion of such tax increment. The TIF Fund shall be maintained
in an account at the depository bank of the City and shall be secured in the manner prescribed by law
for Texas cities. In addition, all revenues from (i) the sale of any obligations hereafter issued by the
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City and secured in whole or in part from the tax increments; (ii) revenues from the sale of any property
acquired as part of a tax increment financing plan adopted by the Board; and (iii) other revenues
dedicated to and used in the Zone shall be deposited into the TIF Fund. Prior to the termination of the
Zone, money shall be disbursed from the Tax Increment Fund only to pay project costs, to satisfy the
claims of holders of tax increments bonds or notes issued for the Zone, or to pay obligations incurred
pursuant to agreements entered into to implement the project plan and reinvestment zone financing plan
and achieve their purpose.
SECTION 7. Tax Increment Agreements.
That, subject to approval of the City Council, the City Manager and City Attorney are hereby
authorized to prepare tax increment agreements with taxing units that levy real property taxes in the
Zone.
SECTION 8. Severability.
That if any portion, section, or part of a section of this ordinance is subsequently declared
invalid, inoperative or void for any reason by a court of competent jurisdiction, the remaining portions,
sections, or parts of sections of this ordinance shall be and remain in full force and effect and shall not
in any way be impaired or affected by such decision, opinion or judgment.
SECTION 9. Effective Date.
That this ordinance shall be in full force and effect from and after its adoption.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Packet Pg. 274
Packet Pg. 275
28.a
Attachment: A. ORD Exhibit A TIF #2 _Boundary Map (3726 : 29 - Adopt City of Irving TIF #2-Irving
28.b
Exhibit A
Irving Boulevard TIF Boundary Description

Irving, Texas
Beginning at a point of the intersection of the northeast corner of the Mckinney & WMS
abstract 1066 pg 791 Tract 6 ACS 16.534 property line and the southern Right of Way
Attachment: B. ORD Exhibit A TIF #2_Legal Description (3726 : 29 - Adopt City of Irving TIF #2-Irving Boulevard)
(ROW) line of Irving Boulevard, thence
Northwestward along the southern ROW line of Irving Boulevard to a point where said line
intersects with the southern ROW line of State Highway 183 (Airport Freeway), thence
Westward along the southern ROW line of State Highway 183 to a point where said line
intersects with the western property line of Irving Square Shopping Center Rep Block A Lot
2D1r ACS 1.922, thence
Northward along the projection of the western property line of Irving Square Shopping Center
Rep Block A Lot 2D1r ACS 1.922 to a point where said line intersects with the northern ROW
line of State Highway 183, Thence
Eastward along the Northern ROW line of State Highway 183 to a point where said line
intersects with the eastern property line of Imperial Square Rev Block A Lot 2.1 ACS 6.2455,
thence
Southward along the projection of the eastern property line of Imperial Square Rev Block A
Lot 2.1 ACS 6.2455 to a point where said line intersects with the Northern ROW line of Irving
Boulevard, Thence
Southeastward along the northern ROW line of Irving Boulevard to a point where said line
intersects with the western property line of Mckinney & WMS abstract 1066 pg 791 tract 1
ACS 32.971, thence
Northeast along the western property line of Mckinney & WMS abstract 1066 pg 791 tract 1
ACS 32.971 to a point where the projection of said property line intersects with the center
ROW line of Massasoit Street, thence
East along the center ROW line of Massasoit Street to a point where said line intersects with
the projection of the eastern property line of PPBC abstract 0311 block A lot 1 ACS 8.803,
thence
Southeast along the eastern property line of PPBC abstract 0311 block A lot 1 to a point
where said line intersects with the eastern property line of Jacob Castor abstract 0311 pg
111 tract 3 ACS 3.868, thence
South along the eastern property line of Jacob Castor abstract 0311 pg 111 tract 3 ACS
3.868 to a point where the projection of said line intersects with the centerline of Grauwyler
Road, thence
East along the centerline of Grauwyler Road to a point where said line intersects with the
projection of the eastern property line Park Center Rep abstract 0311 block A lot 2A ACS
1.509, thence
Packet Pg. 276

28.b
Exhibit A
South along the projected eastern property line of line Park Center Rep abstract 0311 block
A lot 2A ACS 1.509 to a point where said line intersects with the eastern property line of
Jacob Castor abstract 0311 pg 112 tract 12 ACS 2.88, thence
South along the eastern property line of Jacob Castor abstract 0311 pg 112 tract 12 ACS
2.88 to a point where said line intersects with the northern property line of Midway 2 REV
abstract 0311 block A lot 1B ACS 0.1654, thence
East along the northern property line of Midway 2 REV abstract 0311 block A lot 1B ACS
0.1654 to a point where said line intersects with the northern property line of Midway 2 REV
abstract 0311 block 1 lot 1A ACS 0.4768, thence
East along the northern property line of Midway 2 REV abstract 0311 block 1 lot 1A to a
point where said line intersects with the northern property line of Midway 2 REV abstract
0311 block 1 lot 2, thence
East along the northern property line of Midway 2 REV abstract 0311 block 1 lot 2 to a point
where said line intersects with the northern property line of Midway 4 abstract 0311 block A
lot 1 ACS 2.5501, thence
East along the northern property line of Midway 4 abstract 0311 block A lot 1 ACS 2.5501 to
a point where said line intersects with the eastern property line of Midway 4 abstract 0311
block A lot 1 ACS 2.5501, thence
South along the eastern property line of Midway 4 abstract 0311 block A lot 1 ACS 2.5501 to
a point where the projection of said line intersects with the northern ROW line of Irving
Boulevard, thence
Southeast along the northern ROW line of Irving Boulevard to a point where said line
intersects with the northern property line of Professional Center abstract 0632 block A lot 1
ACS 2.336, thence
East along the northern property line of Professional Center abstract 0632 block A lot 1 ACS
2.336 to a point where said line intersects with the eastern property line of Professional
Center abstract 0632 block A lot 1 ACS 2.336, thence
South along the eastern property line of Professional Center abstract 0632 block A lot 1 ACS
2.336 to a point where said line intersects with the eastern property line of JDI LLC abstract
0632 Block A lot 1 ACS 1.5276, thence
South along the eastern property line of JDI LLC abstract 0632 Block A lot 1 ACS 1.5276 to a
point where said line intersects with the northern property line of C M Hunsacker abstract
0632 pg 306 tract 50 ACS 2.8489, thence
East along the northern property line of C M Hunsacker abstract 0632 pg 306 tract 50 ACS
2.8489 to a point where the projection of said line intersects with the eastern ROW line of
Rogers Road, thence
Packet Pg. 277

28.b
Exhibit A
South along the eastern ROW line of Rogers Road to a point where said line intersects with
the northern property line of C M Hunsacker abstract 632 pg 306 tract 11 ACS 0.4104,
thence
East along the property line of C M Hunsacker abstract 632 pg 306 tract 11 ACS 0.4104 to a
point where said line intersects with the western property line of C M Hunsacker abstract
North along the western property line of C M Hunsacker abstract 0632 pg 306 tract 45 ACS
0.539 to a point where said line intersect with the southern property line of C M Hunsacker
abstract 0632 pg 306 tract 13 ACS 0.501, thence
West along the south property line of C M Hunsacker abstract 0632 pg 306 tract 13 ACS
0.501 to a point where said line intersects with the western property line of C M Hunsacker
North along the western property line of C M Hunsacker abstract 0632 pg 306 tract 13 ACS
0.501 to a point where said line intersects with the northern property line of C M Hunsacker
East along the northern property line of C M Hunsacker abstract 0632 pg 306 tract 13 ACS
0.501 to a point where said line intersects with the eastern property line of C M Hunsacker
South along the eastern property line of C M Hunsacker abstract 0632 pg 306 tract 13 ACS
0.501 to a point where said line intersects with the northern property line of ST Claire
Homeland abstract 0632 PT lot 2 tract 1 ABDN RD, thence
East along the northern property line of ST Claire Homeland abstract 0632 PT lot 2 tract 1
ABDN RD to a point where the projection of said line intersects with eastern ROW line of St.
Claire Drive, thence
South along the with eastern ROW line of St. Claire Drive to a point where said line intersects
with the northern property line of Shapes Pioneer Place abstract 0632 block A lot 2 ACS
0.2345, thence
East along the northern property line of Shapes Pioneer Place abstract 0632 block A lot 2
ACS 0.2345 to a point where said property line intersects with the western property line of
Shapes Pioneer Place abstract 0632 block A lot 3, thence
North along the western property line of Shapes Pioneer Place abstract 0632 block A lot 3 to
a point where said line intersects with the northern property line of Shapes Pioneer Place
abstract 0632 block A lot 3, thence
East along the northern property line of Shapes Pioneer Place abstract 0632 block A lot 3 to
a point where said line intersects with the eastern property line of Shapes Pioneer Place
Packet Pg. 278

28.b
Exhibit A
South along the eastern property line of Shapes Pioneer Place abstract 0632 block A lot 3 to
a point where the projection of said line intersects with the northern property line of Highland
West Irving abstract 1042 block B lot 1 & 2, thence
East along the northern property line of Highland West Irving abstract 1042 block B lot 1 & 2
to a point where said line intersects with the eastern property line of Highland West Irving
abstract 1042 block B lot 1 & 2, thence
South along the eastern property line of Highland West Irving abstract 1042 block B lot 1 & 2
to a point where said line intersects with the southern property line of Highland West Irving
abstract 1042 block B lot 1 & 2, thence
West along the southern property line of Highland West Irving abstract 1042 block B lot 1 &
2 to a point where the projection of said line intersects with the western ROW line of
Hawthorne Street, thence
South along the western ROW line of Hawthorne Street to a point where said line intersects
with the southern property line of Angelos Annex abstract 1042 block A lot 1 ACS 1.242,
thence
West along the southern property line of Angelos Annex abstract 1042 block A lot 1 ACS
1.242 to a point where said line intersects with the eastern property line of Highland West
Irving Abstract block A Lot E, thence
South along the eastern property line of Highland West Irving Abstract block A Lot E, to a
point where said line intersects with the southern property line of Highland West Irving
Abstract block A Lot E, thence
West along the southern property line of Highland West Irving Abstract block A Lot E to a
point were the projection of said line intersects with the western ROW line of Rogers Road,
thence
North along the western ROW line of Rogers Road to a point where said line intersects with
the southern property line of Grandys Country Cupboard1 abstract 1042 block A lot 1 ACS
0.6444, thence
West along the southern property line of Grandys Country Cupboard1 abstract 1042 block A
lot 1 ACS 0.6444 to a point where said line intersects with eastern property line of Mckinney
& WMS abstract 1042 page 630 tract 21 ACS 0.780, thence
South along the eastern property line of Mckinney & WMS abstract 1042 page 630 tract 21
ACS 0.780 to a point where said line intersects with the southern property line of Mckinney &
WMS abstract 1042 page 630 tract 21 ACS 0.780, thence
West along the southern property line of Mckinney & WMS abstract 1042 page 630 tract 21
ACS 0.780 to a point where said line intersects with the eastern property line of Rick ADDN
2nd REV abstract 1042 block A lot 1 ACS 1.128, thence
Packet Pg. 279

28.b
Exhibit A
South along the eastern property line of Rick ADDN 2nd REV abstract 1042 block A lot 1 ACS
1.128 to a point where said line intersects with the southern property line of Rick ADDN 2nd
REV abstract 1042 block A lot 1 ACS 1.128, thence
West along the southern property line of Rick ADDN 2nd REV abstract 1042 block A lot 1 ACS
1.128 to a point where said line intersects with the eastern property line of Rick ADDN 2nd
REV abstract 1042 block A lot 2 ACS 0.844, thence
South along the eastern property line of Rick ADDN 2nd REV abstract 1042 block A lot 2 ACS
0.844 to a point where said line intersects with the northern property line of Mckinney &
WMS abstract 1042 pg 630 tract 38 ACS 0.504, thence
East along the northern property line of Mckinney & WMS abstract 1042 pg 630 tract 38
ACS 0.504 to a point where said line intersects with the northern property line of Mckinney &
WMS abstract 1042 pg 630 tract 30 S-1 132X127.5, thence
East along the northern property line of Mckinney & WMS abstract 1042 pg 630 tract 30 S-1
132X127.5 to a point where the projections of said line intersects with the eastern ROW line
of Rogers Road, thence
South along the eastern ROW line of Rogers Road to a point where said line intersects with
the northern property line of Highland West Irving abstract 1042 lot 8 bl C, thence
East along the northern property line of Highland West Irving abstract 1042 lot 8 bl C to a
point where said line intersects with the eastern property line of Highland West Irving
abstract 1042 lot 8 bl C, thence
South along the eastern property line of Highland West Irving abstract 1042 lot 8 bl C to a
point where said line intersects with the eastern property line of Highland West Irving
abstract 1042 lot 7 Bl C, thence
South along the eastern property line of Highland West Irving abstract 1042 lot 7 Bl C to a
point where said line intersects with the eastern property line of McKinney & WMS abstract
South along the eastern property line of McKinney & WMS abstract 1042 pg 640 tract 1 ACS
1.212 to a point where said line intersects with the northern property line of Nowlin abstract
1042 lot 3 1411 HWY 356, thence
East along the northern property line of Nowlin abstract 1042 lot 3 1411 HWY 356 to a point
where said line intersects with the eastern property line of Nowlin abstract 1042 lot 3 1411
HWY 356, thence
South along the eastern property line of Nowlin abstract 1042 lot 3 1411 HWY 356 to a
point where said line intersects with the northern ROW line of Irving Boulevard, thence
East along the northern ROW line of Irving Boulevard to a point where said line intersects
with the northern property line of Mckinney & WMS abstract 1042 pg 640 tract 8 ACS
0.4410, thence
Packet Pg. 280

28.b
Exhibit A
East along the northern property line of Mckinney & WMS abstract 1042 pg 640 tract 8 ACS
0.4410 to a point where said line intersects with the eastern property line of Mckinney &
South along the eastern property line of Mckinney & WMS abstract 1042 pg 640 tract 8 ACS
0.4410 to a point where said line intersects with the northern ROW line of Irving Boulevard,
thence
East along the northern ROW line of Irving boulevard to a point where said line intersects
with the Centerline of Sunset Drive, thence
East along the center line of Sunset Drive to a point where said line intersects with the
eastern ROW line of MacArthur Boulevard, thence
South along the east ROW line of MacArthur Boulevard to a point where said line intersects
with the northern property line of Stockade Storage 1 abstract 0122 block A lot 1 ACS 7.220,
thence
East along the northern property line of Stockade Storage 1 abstract 0122 block A lot 1 ACS
7.220 to a point where said line intersects with the western property line of W T Mclaughlin
North along the western property line of W T Mclaughlin abstract 893 pg 510 tract 20 ACS
3.0456 to a point where said line intersects with the western property line W T Mclaughlin
abstract 893 pg 510 tract 23 & 29 S-1, thence
North along the western property line of W T Mclaughlin abstract 893 pg 510 tract 23 & 29
S-1line Sunset Place abstract 0893 block A lot 1 ACS 2.15 to a point where said line
intersects with the southern property line of WT McLaughlin abstract 0893 pg 510 tract 28
ACS 6.00, thence
West along the southern property line of WT McLaughlin abstract 0893 pg 510 tract 28 ACS
6.00 to a point where said line intersects with the western property line of WT McLaughlin
North along the western property line of McLaughlin abstract 0893 pg 510 tract 28 ACS 6.00
to a point where the projection of said line intersects with the northern ROW line of Pioneer
Drive, thence
East along the northern ROW line of Pioneer drive to a point where said line intersects with
the projection of the center ROW line of Maltby Road, thence
South along the center ROW line of Maltby Road to a point where the southwesterly
projection of said line intersects with the eastern property line of Momin abstract 0889 block
A lot 1 ACS 3.3072, thence
South along the eastern property line of Momin abstract 0889 block A lot 1 ACS 3.3072 to a
point where the projection of said line intersects with the center ROW of Perry Street, thence
Packet Pg. 281

28.b
Exhibit A
East along the center ROW line of Perry Street to a point where said line intersects with the
projection of the eastern property line of Oak grove MEM Gardens-w Expansion abstract
0889 ACS 3.155, thence
South along the eastern property line of Oak grove MEM Gardens-w Expansion abstract 0889
ACS 3.155 to a point where said line intersects with the northern property line of Irving
Heights abstract 0889 PT lot 14.4 ACS 0.6609, thence
East along the northern property line of Irving Heights abstract 0889 PT lot 14.4 ACS 0.6609
to a point where said line intersects with the northern property line of Irving heights abstract
0889 PT LT 0014 E ACS 0.659 ACS, thence
East along the northern property line of Irving heights abstract 0889 PT LT 0014 E ACS
0.659 ACS to a point where said line intersects with the northern property line of Irving
heights W PT LT 13, thence
East along the northern property line of Irving heights abstract 0889 W PT LT 13 to a point
where said line intersects with the northern property line of Irving Heights abstract 0889 W
PT LT 12 E PT LT 13 360X531, thence
East along the northern property line of Irving Heights abstract 0889 W PT LT 12 E PT LT 13
360X531 to a point where said line intersects with the eastern property line of Irving Heights
abstract 0889 W PT LT 12 E PT LT 13 360X531, thence
South along the eastern property line of Irving Heights abstract 0889 W PT LT 12 E PT LT 13
360X531 to a point where said line intersects with the northern property line of Oak Grove
Memorial Gardens abstract 0889 block A lot 1 ACS 2.07, thence
East along the northern property line of Oak Grove Memorial Gardens abstract 0889 block A
lot 1 ACS 2.07 to a point where said line intersects with the eastern property line of Oak
Grove Memorial Gardens abstract 0889 block A lot 1 ACS 2.07, thence
South along the eastern property line of Oak Grove Memorial Gardens abstract 0889 block A
lot 1 ACS 2.07 to a point where said line intersects with the eastern property line of Irving
Heights abstract 0889 lots 19 & 20 & PT LT 11 ACS 11.02, thence
South along the eastern property line of Irving Heights abstract 0889 lots 19 & 20 & PT LT
11 ACS 11.02 to a point where said line intersects with the northern property line of Oak
Grove Maintenance abstract 0889 block 1 lot 1 ACS 0.3708, thence
East along the northern property line of Oak Grove Maintenance abstract 0889 block 1 lot 1
ACS 0.3708 to a point where the projection of said line intersects with the northern property
line of SP Montgomery abstract 0889 pg 425 TR 7, thence
East along the northern property line of SP Montgomery abstract 0889 pg 425 TR 7 to a
point where said line intersects with the northern property line of SP Montgomery abstract
0889 pg 425 TR 5 ACS 0.508, thence
Packet Pg. 282

28.b
Exhibit A
East along the northern property line of SP Montgomery abstract 0889 pg 425 TR 5 ACS
0.508 to a point where the projection of said line intersects with the eastern ROW line of
Irving Heights drive, thence
South along the eastern ROW line of Irving Heights drive to a point where said line intersects
with the northern property line of SP Montgomery abstract 0889 pg 430 TR 15 ACS 1.222,
thence
1.222 to a point where said line intersects with the western property line of SP Montgomery
abstract 0889 pg 430 TR 9 ACS 0.576, thence
North along the western property line of SP Montgomery abstract 0889 pg 430 TR 9 ACS
0.576 to a point where said line intersects with the northern property line of SP Montgomery
abstract 0889 pg 430 TR 9 ACS 0.576, thence
0.576 to a point where said line intersects with the northern property line of SP Montgomery
abstract 0889 pg 430 TR 8 & 16 .6966 AC, thence
East along the northern property line of SP Montgomery abstract 0889 pg 430 TR 8 & 16
.6966 AC to a point where said line intersects with the northern property line of East Irving
Industrial abstract 0889 block A lot 1 ACS 0.7821, thence
East along the northern property line of East Irving Industrial abstract 0889 block A lot 1 ACS
0.7821 to a point where said line intersects with the northern property line of East Irving
Industrial abstract 0889 block A lot 2 ACS 0.4248, thence
East along the northern property line of East Irving Industrial abstract 0889 block A lot 2 ACS
0.4248 to a point where said line intersects with the western property line of Richard Obrien
Abstract 0889 block A lot 1 ACS 1.858, thence
North along the western property line of Richard Obrien Abstract 0889 block A lot 1 ACS
1.858 to a point where said line intersects with the northern property line of Richard Obrien
Abstract 0889 block A lot 1 ACS 1.858, thence
East along the northern property line of Richard Obrien Abstract 0889 block A lot 1 ACS
1.858 to a point where said line intersects with the western ROW line of State Highway 12,
thence
North along the western ROW line of State Highway 12 to a point where said line intersects
with the center ROW line of Williams Road, thence
East along the projection of the center ROW line of Williams Road to a point where said line
intersects with the center ROW line of Fleming Avenue, thence
South along the center ROW line of Fleming Avenue to a point where said line intersects with
the northern ROW line of State Highway 356, thence
East along northern ROW line of State Highway 356 to a point where said line intersects with
the western property line of Sp Montgomery abstract 0889 pg 430 TR 6 ACS 0.3212, thence
Packet Pg. 283

28.b
Exhibit A
North along the western property line of Sp Montgomery abstract 0889 pg 430 TR 6 ACS
0.3212 to a point where said line intersects with the northern property line of Sp
Montgomery abstract 0889 pg 430 TR 6 ACS 0.3212, thence
East along the northern property line of Sp Montgomery abstract 0889 pg 430 TR 6 ACS
0.3212 to a point where the projection of said line intersects with the northern property line
of Sp Montgomery abstract 0889 pg 430 TR 6.1 ACS 0.2981 182X71.35, thence
East along the northern property line of Sp Montgomery abstract 0889 pg 430 TR 6.1 ACS
0.2981 182X71.35 to a point where said line intersects with the western property line of
May abstract 0889 block A lot 1 ACS 0.7278, thence
North along the western property line of May abstract 0889 block A lot 1 ACS 0.7278 to a
point where said line intersects with the northern property line of May abstract 0889 block A
East along the northern property line of May abstract 0889 block A lot 1 ACS 0.7278 to a
point where said line intersects with the center ROW line of Wildwood Drive, thence
South along the center ROW line of Wildwood Drive to a point where said line intersects with
the center ROW line of 6th street, thence
West along the center ROW line of 6th street to a point where said line intersects with the
eastern ROW line of State Highway 12, thence
South along the eastern ROW line to a point where said line intersects with the projection of
southern property line of George D Peeler abstract 1138 pg 475 tract 17 ACS, thence
West along the projection of the southern property line of George D Peeler abstract 1138 pg
475 tract 17 ACS to a point the projection of said line intersects with the southern property
line of George D Peeler abstract 1138 pg 475 tracts 20 & 21 ACS 1.54, thence
West along the southern property line of George D Peeler abstract 1138 pg 475 tracts 20 &
21 ACS 1.54 to a point where said line intersects with the southern property line of Caravan
abstract 1138 block B lot 1 ACS 1.19611, thence
West along the southern property line of Caravan abstract 1138 block B lot 1 ACS 1.19611
to a point where the projection of said line intersects with the western ROW line of Irving
Heights Drive, thence
South along the western ROW line of Irving Heights Drive to a point where said line intersects
with the southern property line of McKinney & WMS abstract 1055 pg 725 tract 21 ACS
6.622, thence
West along the southern property line of McKinney & WMS abstract 1055 pg 725 tract 21
ACS 6.622 to a point where said line intersects with the western property line of McKinney &
North along the western property line of McKinney & WMS abstract 1055 pg 725 tract 21
ACS 6.622 to a point where said line intersects with the southern property line of Greg
Coghlan 2 abstract 1055 block A lot 1 ACS 4.5170, thence
Packet Pg. 284

28.b
Exhibit A
West along the southern property line of Greg Coghlan 2 abstract 1055 block A lot 1 ACS
4.5170 to a point where said line intersects with the western property line of Greg Coghlan 2
abstract 1055 block A lot 1 ACS 4.5170, thence
North along the western property line of Greg Coghlan 2 abstract 1055 block A lot 1 ACS
4.5170 to a point where said line intersects with the western property line of Greg Coghlan 2
North along the western property line of Greg Coghlan 2 abstract 1055 block A lot 2 ACS
1.6480 to a point where said line intersects with the western property line Irving Motor
abstract 1055 Block 1 lot 1 ACS 0.6508, thence
North along the western property line Irving Motor abstract 1055 Block 1 lot 1 ACS 0.6508 to
a point where the projection of said line intersects with the center ROW line of 6th Street,
thence
West along the center ROW line of 6th Street to a point where said line intersects with the
center ROW line of Nursery Road, thence
North along the center ROW line of Nursery Street to a point where said line intersects with
the projection of the center line of 4th street, thence
West along the projection of the center ROW line of 4th street to a point where said line
intersects with the projection of the western property line of Irving Heights abstract 0900 lot
21.4 ACS 1.2636, thence
North along the projection of the western property line of Irving Heights abstract 0900 lot
21.4 ACS 1.2636 to a point where the projection of said line intersects with the center ROW
line of 3rd street, thence
West along the center ROW line of 3rd to a point where said line intersects with the center
ROW line of Falcon Drive, thence
North along the center ROW line of Falcon Drive to a point where said line intersects with the
projection of the southern property line of Valdez/Cruz abstract 0900 block A lot 2 ACS
0.2380, thence
West along the southern property line of Valdez/Cruz abstract 0900 block A lot 2 ACS
0.2380 to a point where said line intersects with the southern property line of Valdez/Cruz
West along the southern property line of Valdez/Cruz abstract 0900 block A lot 1 ACS
0.6860 to a point where said line intersects with the southern property line of Lee Britain
abstract 0900 block A lot 14r ACS 1.152, thence
West along the southern property line of Lee Britain abstract 0900 block A lot 14r ACS 1.152
to a point where said line intersects with the southern property line Lee Britain abstract 0900
E ½ lot 16 ACS 0.32, thence
Packet Pg. 285

28.b
Exhibit A
West along the southern property line Lee Britain abstract 0900 E ½ lot 16 ACS 0.32 to a
point where said line intersects with the western property line of Lee Britain abstract 0900 E
½ lot 16 ACS 0.32, thence
North along the western property line of Lee Britain abstract 0900 E ½ lot 16 ACS 0.32 to a
point where said line intersects with the western property line of Lee Britain abstract 0900
North along the western property line of Lee Britain abstract 0900 lot 17 ACS 0.42 to a point
where said line intersects with the southern property line of Lee Britain abstract 0900 n PT
lot 18, thence
West along the southern property line of Lee Britain abstract 0900 n PT lot 18 to a point
where the projection of said line intersects with the center ROW line of Lucille Street, thence
South along the center ROW line of Lucille Street to a point where said line intersects with
the projection of the center ROW line of Elizabeth Street, thence
West along the projected center ROW line of Elizabeth Street to a point where the projection
of said line intersects with the center ROW line of Britain Road, thence
South along the center ROW line of Britain Road to a point where said line intersects with the
projection of the center ROW line of 4th street, thence
West along the projected center ROW line of 4th street to a point where the projection of said
line intersects with the center line of O’Connor Road, thence
South along the center ROW line of O’Connor Road to a point where said line intersects with
the projection of the northern row line of Browns 3rd abstract 0122 block A N ½ lot 5, thence
West along the projected northern row line of Browns 3rd abstract 0122 block A N ½ lot 5 to
a point where said line intersects with the western property line of Browns 3rd abstract 0122
block A N ½ lot 5, thence
South along the western property line of Browns 3rd abstract 0122 block A N ½ lot 5 to a
point where said line intersects with the eastern property line of Hiram Bennett abstract
South along the eastern property line of Hiram Bennett abstract 0122 pg 480 tract 39 ACS
4.7875 to a point where said line intersects with the southern property line of Otis Brown 3rd
East along the southern property line of Otis Brown 3rd abstract 0122 block A lot 9 ACS
0.5742 to a point where the projection of said line intersects with the center ROW line of
O’Connor Road, thence
South along the center ROW line of O’Connor Road to a point where the projection of said
line intersects with the center ROW line of 6th street, thence
East along the center ROW line of 6th Street to a point where said line intersects with the
projection of the center ROW line of Ohio street, thence
Packet Pg. 286

28.b
Exhibit A
South along the projected center ROW line of Ohio street to a point where the projection of
said line intersects with the center ROW line of 9th street, thence
East along the center ROW line of 9th street to a point where the projection of said line
intersects with the center ROW line of Senter Road, thence
South along the center ROW line of Senter Road to a point where said line intersects with the
projection of the center ROW line of Senter Valley Road, thence
East along the projected center ROW line of Senter Valley Road to a point where said line
intersects with the projection of the center ROW line of Chamberlain Street, thence
Southeast along the center ROW line of Chamberlain Street to a point where said line
intersects with the projection of the eastern property line of Senter Valley 2nd inst abstract
0494 lot 1 & Adj. Strip, Bl. E, thence
South along the eastern property line of Senter Valley 2nd inst abstract 0494 lot 1 & Adj.
Strip, Bl. E to a point where said line intersects with the northern property line of Senter
Valley 2nd inst abstract 0494 block E lot 4 & PT lot 5, thence
East along the northern property line of Senter Valley 2nd inst abstract 0494 block E lot 4 &
PT lot 5 to a point where said line intersects with the eastern property line of Senter Valley
2nd inst abstract 0494 block E lot 4 & PT lot 5, thence
South along the eastern property line of Senter Valley 2nd inst abstract 0494 block E lot 4 &
PT lot 5 to a point where said line intersects with the northern ROW line of Shady Grove
Road, thence
West along the northern ROW line of Shady Grove Road to a point where said line intersects
with the western ROW line of Senter Road, thence
North along the western ROW line of Senter Road to a point where said line intersects with
the southern property line of Henry Gough abstract 494 pg 040 tract 12 & 11 S-1, thence
Northwest along the southern property line of Henry Gough abstract 494 pg 040 tract 12 &
11 S-1 to a point where said line intersects with the northern property line of Henry Gough
abstract 494 pg 040 tract 12 & 11 S-1, thence
East along the northern property line of Henry Gough abstract 494 pg 040 tract 12 & 11 S-1
to a point where said line intersects with the western property line of EG Senters 1st abstract
0494 block 4 lot 6.1, thence
North along the western property line of EG Senters 1st abstract 0494 block 4 lot 6.1 to a
point where said line intersects with the southern property line of Senter Park Annex abstract
0494 PT lots 4 & 5 ACS 0.8867, thence
West along the southern property line of Senter Park Annex abstract 0494 PT lots 4 & 5 ACS
0.8867 to a point where said line intersects with the eastern ROW line of Iowa Street, thence
Northwest along the eastern ROW line of Iowa street to a point where said line intersects with
the southern property line of Senter Park Annex abstract 0494 block 6 PT lot 7, thence
Packet Pg. 287

28.b
Exhibit A
West along the southern property line of Senter Park Annex abstract 0494 block 6 PT lot 7 to
a point where said line intersects with the western property line of Senter Park Annex
abstract 0494 block 6 PT lot 7, thence
North along the western property line of Senter Park Annex abstract 0494 block 6 PT lot 7 to
a point where said line intersects with the southern property line of Meyer Acres abstract
0494 lot 4.7 ACS 2.5852, thence
West along the southern property line of Meyer Acres abstract 0494 lot 4.7 ACS 2.5852 to a
point where said line intersects with the western property line of Meyer Acres abstract 0494
lot 4.7 ACS 2.5852, thence
North along the western property line of Meyer Acres abstract 0494 lot 4.7 ACS 2.5852 to a
point where said line intersects with the southern property line of Meyer Acres abstract 0494
PT lot 4 105X146, thence
West along the southern property line of Meyer Acres abstract 0494 PT lot 4 105X146 to a
point where said line intersects with the western property line of Meyer Acres abstract 0494
PT lot 4 105X146, thence
North along the western property line of Meyer Acres abstract 0494 PT lot 4 105X146 to a
point where the projection of said line intersects with the center ROW line of 6th Street,
thence
East along the center ROW line of 6th Street to a point where said line intersects with the
projection of the western property line of Hiram Bennett abstract 0122 pg 840 tract 40 ACS
4.25, thence
North along the projected western property line of Hiram Bennett abstract 0122 pg 840 tract
40 ACS 4.25 to a point where said line intersects with the western property line of Hiram
Bennett abstract 0122 pg 840 tract 38 ACS 6.818, thence
North along the western property line of Hiram Bennett abstract 0122 pg 840 tract 38 ACS
6.818 to a point where the projection of said line intersects with the center ROW line of
Schulze Drive, thence
West along the Center ROW line of Schulze Drive to a point where said line intersects with
the center ROW line of Haley Street, thence
South along the center ROW line of Haley Street to a point where said line intersects with the
projection of the northern property line of Hiram Bennett abstract 0122 pg 840 tract 52 ACS
2.856, thence
East along the northern property line of Hiram Bennett abstract 0122 pg 840 tract 52 ACS
2.856 to a point where said line intersects with the eastern property line of Hiram Bennett
Packet Pg. 288

28.b
Exhibit A
2.54 to a point where said line intersects with the southern property line of Hiram Bennett
West along the southern property line of Hiram Bennett abstract 0122 pg 840 tract 57 ACS
abstract 0122 pg 840 tract 44.1 ACS 0.8070, thence
South along the eastern property line of Hiram Bennett abstract 0122 pg 840 tract 44.1 ACS
0.5840 to a point where said line intersects with the northern ROW line of 6th street, thence
West along the northern ROW line of 6th street to a point where said line intersects with the
western property line of Safeway 10 REV abstract 1181 lot 1 less ROW ACS 3.1808, thence
North along the western property line of Safeway 10 REV abstract 1181 lot 1 less ROW ACS
3.1808 to a point where said line intersects with the western property line of Jerinne’s place
abstract 1181 block 1 lot 1 ACS 0.96, thence
North along the western property line of Jerinne’s place abstract 1181 block 1 lot 1 ACS 0.96
to a point where said line intersects with the northern property line of Jerinne’s place
abstract 1181 block 1 lot 1 ACS 0.96, thence
East along the northern property line of Jerinne’s place abstract 1181 block 1 lot 1 ACS 0.96
to a point where said line intersects with the western ROW line of Macarthur Boulevard,
thence
North along the western ROW line of Macarthur Boulevard to a point where said line
intersects with the southern property line of John C Read abstract 1181 pg 765 tract 12 ACS
1.382, thence
West along the southern property line of John C Read abstract 1181 pg 765 tract 12 ACS
1.382 to a point where said line intersects with the southern property line of John C Read
West along the southern property line of John C Read abstract 1181 pg 765 tract 9 ACS 1.24
to a point where said line intersects with the southern property line of RCF Enterprises
West along southern property line of RCF Enterprises abstract 1181 block A lot 1 to a point
where said line intersects with the southern property line of John C Read abstract 1181 pg
765 tract 6 ACS 2.6077, thence
West along the southern property line of John C Read abstract 1181 pg 765 tract 6 ACS
2.6077 to a point where the projection said line intersects with the eastern property line of
ICTN abstract 1181 block A lot 1R ACS 0.991, thence
Packet Pg. 289

28.b
Exhibit A
South along the eastern property line of ICTN abstract 1181 block A lot 1R ACS 0.991 to a
point where said line intersects with the southern property line of ICTN abstract 1181 block A
lot 1R ACS 0.991, thence
West along the southern property line of ICTN abstract 1181 block A lot 1R ACS 0.991 to a
point where said line intersects with the western property line of ICTN abstract 1181 block A
North along the western property line of ICTN abstract 1181 block A lot 1R ACS 0.991 to a
point where said line intersects with the western property line of ICTN abstract 1181 block A
North along the western property line of ICTN abstract 1181 block A lot 2R ACS 3.462 to a
point where said line intersects with the western property line of Rock
Island/Rogers/Southwest abstract 1181 block A lot 1 ACS 0.706, thence
North along the western property line of Rock Island/Rogers/Southwest abstract 1181 block
A lot 1 ACS 0.706 to a point where the projection of said line intersects with the northern
ROW line of Rock Island Street, thence
West along the northern ROW line of Rock Island Street to a point where said line intersects
with the eastern ROW line of Irby Lane, thence
North along the eastern ROW line of Irby Lane to a point where said line intersects with the
northern property line of McKinney & WMS abstract 1042 pg 635 tract 1 ACS 10.19, thence
East along the northern property line of McKinney & WMS abstract 1042 pg 635 tract 1 ACS
10.19 to a point where said line intersects with the western property line of Highway 356
Business Park block A lot 1.1 ACS 1.7067, thence
North along the western property line of Highway 356 Business Park block A lot 1.1 ACS
1.7067 to a point where said line intersects with the western property line of Highway 356
Business Park block A lot 1 ACS 2.3387, thence
North along the western property line of Highway 356 Business Park block A lot 1 ACS
2.3387 to a point where said line intersects with the southern property line of McKinney &
WMS abstract 1042 pg 630 TR 8 ACS 0.786, thence
West along the southern property line of McKinney & WMS abstract 1042 pg 630 TR 8 ACS
0.786 to a point where said line intersects with the western property line of McKinney &
WMS abstract 1042 pg 630 TR 8 ACS 0.786, thence
North along the western property line of McKinney & WMS abstract 1042 pg 630 TR 8 ACS
0.786 to a point where said line intersects with the southern property line of HW Marny Subd
no 2 abstract 1042 block A lot 1 ACS 1.612, thence
West along the southern property line of HW Marny Subd no 2 abstract 1042 block A lot 1
ACS 1.612 to a point where said line intersects with the western property line of HW Marny
Subd no 2 abstract 1042 block A lot 1 ACS 1.612, thence
Packet Pg. 290

28.b
Exhibit A
North along the western property line of HW Marny Subd no 2 abstract 1042 block A lot 1
ACS 1.612 to a point where said line intersects with the northern property line of HW Marny
Subd no 2 abstract 1042 block A lot 1 ACS 1.612, thence
East along the northern property line of HW Marny Subd no 2 abstract 1042 block A lot 1
ACS 1.612 to a point where said line intersects with the western property line of Central
Irving Place abstract 1042 block A lot 2, thence
North along the western property line of Central Irving Place abstract 1042 block A lot 2 to a
point where said line intersects with the western property line of Irving Pioneer abstract 1042
North along the western property line of Irving Pioneer abstract 1042 block A lot 2 ACS
1.3684 to a point where said line intersects with the southern property line of Irving Pioneer
West along the southern property line of Irving Pioneer abstract 1042 block A lot 1 ACS
0.6769 to a point where the projection of said line intersects with the southern property line
of Forest Park Estates 3 abstract 1042 block C lot 16T ACS 0.277, thence
West along the southern property line of Forest Park Estates 3 abstract 1042 block C lot 16T
ACS 0.277 to a point where said line intersects with the western property line of Forest Park
Estates 3 abstract 1042 block C lot 16T ACS 0.277, thence
North along the western property line of Forest Park Estates 3 abstract 1042 block C lot 16T
ACS 0.277 to a point where said line intersects with the western property line of Forest Park
Estates 3 abstract 1042 block C lot 18 less ROW ACS 0.3069, thence
North along the western property line of Forest Park Estates 3 abstract 1042 block C lot 18
less ROW ACS 0.3069 to a point where the projection of said line intersects with northern
ROW line of Pioneer Road, thence
West along the northern ROW line of Pioneer Road to a point where said line intersects with
the western property line of Jacob Castor abstract 0311 pg 403 tract 29 ACS 5.2043, thence
North along the western property line of Jacob Castor abstract 0311 pg 403 tract 29 ACS
5.2043 to a point where said line intersects with the western property line of Jacob Castor
0.9821 to a point where said line intersects with the western property line of Jones abstract
0311 block A lot 1 ACS 0.519, thence
North along the western property line of Jones abstract 0311 block A lot 1 ACS 0.519 to a
point where said line intersects with the southern property line of Jacob Castor abstract
West along the southern property line of Jacob Castor abstract 0311 pg 403 tract 18 ACS
3.1640 to a point where said line intersects with the western property line of Jacob Castor
Packet Pg. 291

28.b
Exhibit A
3.1640 to a point where said line intersects with the southern ROW line of Irving Boulevard,
thence
West along the southern ROW line of Irving Boulevard to a point where said line intersects
with the projection of the southern property line of Irving YMCA Plymouth Park abstract 0311
West along the southern property line of Irving YMCA Plymouth Park abstract 0311 block A
lot 1 ACS 5.5335 to a point where the projection of said line intersects with the southern
property line of Plymouth Park South abstract 1136 block A lot 1 ACS 4.490, thence
West along the southern property line of Plymouth Park South abstract 1136 block A lot 1
ACS 4.490 to a point where said line intersects with the southern property line of George W
Parsons abstract 1139 pg 461 tract 1 ACS 3.4742, thence
West along the southern property line of George W Parsons abstract 1136 pg 461 tract 1
ACS 3.4742 to a point where said line intersects with the southern property line of Good
Shepherd Lutheran Church abstract 1136 block A lot 1 ACS 4.81, thence
West along the southern property line of Good Shepherd Lutheran Church abstract 1136
block A lot 1 ACS 4.81 to a point where said line intersects with the western property line of
Good Shepherd Lutheran Church abstract 1136 block A lot 1 ACS 4.81, thence
North along the western property line of Good Shepherd Lutheran Church abstract 1136
block A lot 1 ACS 4.81 to a point where the projection of said line intersects the northern
ROW of Grauwyler Road, thence
West along the northern ROW line of Grauwyler Road to a point where said line intersects
with the southern property line of McKinney & WMS abstract 1066 pg 791 tract 6 ACS
16.534, thence
West along the southern property line of McKinney & WMS abstract 1066 pg 791 tract 6 ACS
16.534 to a point where said line intersects with the western property line of McKinney &
North along the western property line of McKinney & WMS abstract 1066 pg 791 tract 6 ACS
16.534 to a point where said line intersects with the northeast corner of the Mckinney &
WMS abstract 1066 pg 791 Tract 6 ACS 16.534 property line and the southern Right of Way
(ROW) line of Irving Boulevard, which is the point of beginning.
Packet Pg. 292

28.c
Attachment: C. TIF #2 - Irving Boulevard_CCWS_12-08-10 (3726 : 29 - Adopt City of Irving TIF #2-Irving
Tax Increment Reinvestment Zone #2
“Irving Boulevard TIF”

December 8, 2010
Packet Pg. 293

28.c
Overview
• What is a TIF?
• District Assumptions
• Participation Summary
• Proposed Project Plan
• Board of Directors
• Public Involvement
• Next Steps
Packet Pg. 294

28.c
What is a Tax Increment
Reinvestment Zone (TIF)?
• Not a tax!
• A tool available to local governments to
publicly finance needed structural and
infrastructure improvements within a
defined area to stimulate revitalization
of existing businesses and to attract
new commercial enterprises to the
area
3
Packet Pg. 295

28.c
TIF Benefits
• Reinvests added tax revenue (tax increment) from
new development back into the district (reinvestment
zone) to fuel continued public improvements and
economic growth
• Accelerates the rate of new development that would
otherwise not occur in a timely manner
• Promotes public/private partnerships that further the
interests of the district
• Incorporates a Project and Financing plan to guide
redevelopment
Packet Pg. 296

28.c
TIF #2 Role
To provide a dedicated revenue source and
plan to stimulate, guide and sustain the long-
term redevelopment initiative for the Irving
Boulevard Corridor
2008 Irving Boulevard Enhancement Study
Packet Pg. 297

28.c
Supports 5 Strategic Goals
• Goal 1 - Land Use Excellence
• Goal 2 - Vibrant Neighborhoods
• Goal 3 - Economic Development
• Goal 9 - Infrastructure Network
• Goal 10 - Sustainable Community
Packet Pg. 298

TIF #2 Boundary Map
7
28.c
Packet Pg. 299
28.c
TIF #2 District Assumptions
• 30 year term (2010 – 2040)
• Potential Taxable Growth of over $912 Million
• Potential TIF Revenue of approx. $86 Million
• Participating Taxing Entities
- City of Irving
- Dallas County
Packet Pg. 300

28.c
Participation Summary
Participation Effective Total City TIF

Taxing Entity Tax Rate
% (Term) Participation Rate Revenue
0.4152 65%
City of Irving 0.26988 $65,995,872
(O&M) (30 Years)
Dallas 0.2431 65%
0.158015 $20,108,069
County (Total) (20 Years)
Packet Pg. 301

28.c
Project Plan Summary
• Infrastructure Improvements $54 million
(Including water, sanitary sewer and storm water improvements, roadway
and street intersection enhancements, relocation of aboveground utilities,
public sidewalks, etc.)
• Public/Private Partnerships $15 million

(Economic Development Agreements to leverage private investment)
• Streetscape Enhancements $15 million

(Including gateway features, linear parks, corridor landscaping, public plazas,
etc.)
• TIF Administration $ 2 million

(Expenses associated with operation of the TIF Board including related
financial reporting and legal obligations)
TIF Total Revenue Projection $86 million

10
Packet Pg. 302

28.c
Board of Directors
• Council appointed
• Serve in an advisory role to City Council
• Recommend use of HCCC as the Board
(+ 1 for 13 member board)
• Two-year term
11
Packet Pg. 303

28.c
Public Involvement
• Presentations given to Heritage Crossing
Communications Committee and
Council Audit and Finance
• Public Informational/Input meeting
held on November 18
• Website link with comments posting
www.cityofirving.org/tif2
• Public Hearing December 9

• Commitment to annual citizen input
12
Packet Pg. 304

28.c
Next Steps
Following Council approval of TIF #2 Ordinance:
• Appointment of TIF Board
• TIF Board meets to finalize Project and
Financing Plan
• Council approval of TIF Project and Financing
Plan
• Meeting with Dallas County to finalize
participation rate
• TIF Implementation
13
Packet Pg. 305

28.c
Irving Boulevard - TIF #2 Results
ü Infrastructure improvements
ü Enhanced streetscape environment
ü Existing property revitalization
ü New private investment
ü Enhanced tax base
Possible Boulevard Enhancement Images
14
Packet Pg. 306

QUESTIONS
15
Irving Boulevard Redevelopment Accomplishments
28.c
Packet Pg. 307
28.d
NOTICE OF PUBLIC HEARING FOR CREATION OF TAX INCREMENT REINVESTMENT ZONE NUMBER TWO,
CITY OF IRVING, TEXAS FOR TAX INCREMENT FINANCING PURPOSES PURSUANT TO CHAPTER 311,
TEXAS TAX CODE
Notice is hereby given that the City Council of the City of Irving will hold a public hearing on December 9,
2010, at 7:00 p.m. in the Council Chamber of Irving City Hall at 825 W. Irving Boulevard, Irving, Texas,
on the creation of Tax Increment Reinvestment Zone Number Two, City of Irving Texas for tax increment
financing purposes pursuant to Chapter 311 of the Texas Tax Code and its benefits to the City and the
properties to be included in the Zone. The boundary of the proposed Tax Increment Reinvestment Zone
is shown in the below map.
Attachment: D. TIF #2 - Public Hearing Notice (3726 : 29 - Adopt City of Irving TIF #2-Irving Boulevard)
All persons are invited to attend the hearing and speak for or against the creation of the Tax Increment
Reinvestment Zone, its proposed boundaries, or the concept of tax increment financing. Owners of
property in the proposed Zone may protest orally or in writing the inclusion of their property in the Zone.
A copy of the Preliminary Project and Financing Plan including the proposed boundary map of the Tax
Increment Reinvestment Zone is available for viewing at the Irving Boulevard Redevelopment Office
located in the Downtown Chamber of Commerce Information Center at 135 S. Jefferson St., Irving,
Texas. For more information please contact Kevin Kass – Program Director for Irving Boulevard
Redevelopment at 972-721-2251 or by e-mail at [email protected].
Page 1
Tax Increment Reinvestment Zone Number Two, City of Irving, Texas
Packet Pg. 308
28.e
COMMENT #1
From: [email protected] [mailto:[email protected]]
Sent: Tuesday, November 30, 2010 1:33 PM
To: Kevin Kass
Subject: Irving Boulevard TIF Public Input
Irving Boulevard TIF Public Input
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Name: Brent Hroch, CPA
Address: 1545 Bradford Street
ZIP Code: 75061
Attachment: E. Public Comments (3726 : 29 - Adopt City of Irving TIF #2-Irving Boulevard)
Comments: I am very much in favor of this TIF. I believe the Irving Blvd Corridor is an
opportunity for major development within the heart the city. I continue to see other other cities
across the Metroplex (Carrolton comes to mind) develop their historic downtown areas to give
their residents a unique area to spend their entertainment and retail dollars. Throughout the last
ten years, Irving has done a great job of increasing their police force, building great schools and
upgrading infrastructure. This would be one more move in a positive direction.
COMMENT #2
From: [email protected] [mailto:[email protected]]
Sent: Monday, November 15, 2010 12:31 PM
To: Kevin Kass
Subject: Irving Boulevard TIF Public Input
Irving Boulevard TIF Public Input

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Name: Roger Gordon

Address: 216 Huntingdon, Irving, TX.
ZIP Code: 75061
Comments: I do not care how you get the redevelopment done just get it done. I have been
hearing empty promises and lip service for years with no action.
COMMENT #3
Packet Pg. 309

29
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3719

Resolution -- Confirming the Appointment of the Friends of the Library

Liaison to the Library Board
2. Impact: Ordinance 2010-9221, adopted November 11, 2010 added a member
designated as the Friends of the Library Liaison. This resolution allows Council to
confirm that appointment.
Recommendation
Previous Action: Ord 2010-9221 Council Action: Adopted Ordinance added new
voting members
.
The Friends of the Library Board appointed Caroll Bowers as their liaison and voting member
to the Library Board.

None
Prepared: 11/29/2010 09:40 AM by Jennifer Phillips
Packet Pg. 310

29
CITY OF IRVING

SECTION I. THAT the City Council hereby confirms the appointment of Caroll Bowers to serve
as the Friends of the Library Liaison on the Irving Library Board, term expiring
November 2011.
As a result of the appointment heretofore stated, the Irving Library Board is

represented by the following:
Term Expiration
Sharon Barbosa-Crain November 2011
Maruja Lorica November 2011
Charles Riggs November 2011
Mark Zeske November 2011
Robert Gerard November 2012
Virginia Meler November 2012
Barbara (Bobbie) Thomas November 2012
Martha Watson November 2012
Caroll Bowers (Friends of the Library Liaison) November 2011
Packet Pg. 311

29
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 312

30
AGENDA ITEM SUMMARY
Meeting: 12/9/2010 DOC ID: 3717

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

to Fill Two-Year Terms Expiring January 2013
2. Impact: The board is responsible for maintaining flood control programs in Section
III (Valley Ranch area).
3. The board members must own taxable land within the district.
Recommendation
.
District Manager Jacky Knox has provided a recommendation to the Council for
reappointment to this board.
Current members, Kim Andres, Chris Calvery, and Mazhar Islamraja are eligible for
reappointment.
ATTACHMENTS:
IFCD III recommendation letter (PDF)

None
Prepared: 11/29/2010 09:10 AM by Jennifer Phillips
Packet Pg. 313

30
CITY OF IRVING

SECTION I. THAT the following individuals be and are hereby reappointed to the Board of
Directors of Irving Flood Control District, Section III:
Kim Andres
Chris Calvery
Dr. Mazhar Islamraja
said terms of office expiring January 2013.
As a result of the appointments heretofore stated, the Board of Directors of Irving

Flood Control District, Section III, is represented by the following:
Term Expiration
William Correa January 2012
Chris Wallace January 2012
Kim Andres January 2013
Chris Calvery January 2013
Dr. Mazhar Islamraja January 2013
Packet Pg. 314

30
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 315

30.a
Packet Pg. 316

Attachment: IFCD III recommendation letter (3717 : 02 Appt IFCD III)

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AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, DECEMBER 9, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

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

Reverend Albano Tayengo, Kirkwood United Church

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 32

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

City Council Agenda 12/9/2010 1

3 Approving Meeting Minutes for Thursday, November 11, 2010

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

5 Resolution -- Authorizing the Destruction of Obsolete Records in

City Council Agenda 12/09/2010 2

7 Resolution -- Authorizing the Mayor to Sign an Interlocal Agreement

City Council Agenda 12/09/2010 3

Contributions to the Event Trust Fund

City Council Agenda 12/09/2010 4

City Council Agenda 12/09/2010 5

11 Resolution -- Approving an Interlocal Agreement Between the City of Irving

City Council Agenda 12/09/2010 6

13 Resolution -- Approving an Interlocal Agreement Between the City of Irving

City Council Agenda 12/09/2010 7

15 Resolution -- Supporting the Home Mortgage Interest Deduction and Its

City Council Agenda 12/09/2010 8

17 Resolution -- Authorizing the Submittal of a Substantial Amendment to the

City Council Agenda 12/09/2010 9

City Council Agenda 12/09/2010 10

18 Resolution -- Authorizing Staff to Negotiate an Engineering Services

19 Resolution -- Canceling the Contract with DMD Consultants, Inc., for

City Council Agenda 12/09/2010 11

Two-year renewal contract Jan-Sep Oct-Sep Oct-Dec

City Council Agenda 12/09/2010 12

22 Resolution -- Awarding the Contract to Kraftsman Playground & Park

City Council Agenda 12/09/2010 13

23 Resolution -- Approving the Purchase from Libra-Tech Corporation for

City Council Agenda 12/09/2010 14

City Council Agenda 12/09/2010 15

26 Resolution -- Awarding the Single Source Agreement to Black Box

City Council Agenda 12/09/2010 16

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

City Council Agenda 12/09/2010 17

City Council Agenda 12/09/2010 18

30 Resolution -- Appointments to the Irving Flood Control District Section III

City Council Agenda 12/09/2010 19

WORK SESSION MEETING OF THE IRVING CITY COUNCIL

Attendee Name Organization Title Status Arrived

Minutes Acceptance: Minutes of Nov 10, 2010 11:00 AM (CONSENT AGENDA)

2 Review of Regular Agenda

Max Duplant, Chief Financial Officer, explained the process of a reimbursement

8 Resolution -- Authorizing the Mayor to Waive the City of Irving’s Allocation of

9 Resolution -- Approve Allocating Savings Associated with the Refunding of

City Council Work Session

Max Duplant, Chief Financial Officer, explained the restructuring of existing

14 Resolution -- Approving a Sales Contract for the Acquisition of Property Located

Minutes Acceptance: Minutes of Nov 10, 2010 11:00 AM (CONSENT AGENDA)

Jonathan Bazan, Assistant Director of Intergovernmental Services, presented an

29 Resolution -- Approving the Single Source Award to Black Box Network

City Council Work Session