Final Agenda Meeting of The Irving City Council Thursday, October

FINAL AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, OCTOBER 8, 2009

COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
~
11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, OCTOBER 7, 2009 -- 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 Leon Adkins, Berean Memorial Church

Pledge Of Allegiance
Proclamations And Announcements
Announcements And Recognitions
Public Hearing: Items 1 through 35
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 10/8/2009 1

CITY COUNCIL AGENDA
1 City Manager’s Strategic Plan Update
CONSENT AGENDA
Items 2 - 30
2 Approving Minutes for Wednesday, September 23, 2009
3 Approving Minutes for Thursday, September 24, 2009
4 Resolution -- Approving and Adopting the Tarrant County 9-1-1 District

2009-10 Annual Budget
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: Approval of this annual budget by member cities will allow the Tarrant
County 9-1-1 District to increase Wireless 9-1-1 reliability through continued
wireless accuracy testing, testing of new wireless devices and services, and
expansion of Wireless one-on-one training in PSAP’s.
3. The Tarrant County 9-1-1 District is requesting its members to approve and adopt
the district’s annual operating budget for 2009-10. District boundaries include all of
Tarrant County, all areas outside Tarrant County included in the corporate limits of
a member city, plus DFW International Airport and the City of Irving.
4. The Tarrant County 9-1-1 District Board of Managers approved the 2009-10 annual
operating budget at their board meeting on July 20, 2009.
Recommendation
The resolution be approved.
5 Resolution -- Approving a Contract Between the City of Irving and the

Texas Workforce Commission for Access to the TWC Web-Based
Information Site
2. Impact: Approval of this contract will allow police investigators to locate individuals
who cannot be found via another source.
3. The contract period begins on June 1, 2009, and expires on May 31, 2012.
4. Funding in the amount of $4,575.00 is available in the General Fund.
Recommendation

6 Resolution -- Authorizing the City Council of the City of Irving, Texas to
Enter into a Contract with Linebarger, Goggan, Blair and Sampson, LLP,
Attorneys at Law, for Professional Services in the Collection of Delinquent
Ad Valorem Taxes
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: The Dallas County Tax Office currently utilizes the delinquent tax
collection services of Linebarger, Goggan, Blair and Sampson, LLP (LGB&S).
Utilizing their services for delinquent collection will provide the City with effective
collection of delinquent ad valorem taxes and land based liens (mowing, paving and
demo liens).
3. Under the terms of the agreement, the LGB&S will receive the state sanction fees of
20% of delinquent taxes collected for tax years 2006 and forward. The firm will
receive a fee of 15% of delinquent taxes collected for tax years 2005 and prior.
4. Collection fees are paid by the taxpayer in addition to the taxes due at the time of
collection and will be forwarded to the firm by Dallas County.
5. LGB&S and Parker Marks P.C. have established a working relationship to assure an
orderly transition and continuity of representation of the City's interests.
6. The contract will begin October 1, 2009 and will continue until either the City or
Linebarger chooses to terminate.
Recommendation

7 Resolution -- Approving a Chapter 380 Economic Development Incentive
Agreement with Universal Technical Institute, LLC on Eligible Real and
Personal Property
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this agreement will allow the City to offer development
incentives to UTI, the leading provider of technical education training in the United
States. UTI has 10 campuses across the United States.
3. UTI must own and occupy at least 108,000 square feet at 5151 Regent Blvd. and
employ at least 40 full-time employees earning at least $49,000 per year during the
5-year term of the agreement.
4. The incremental taxable value of the real and personal property must be at least $5
million over the certified 2009 values to qualify for an incentive.
5. Upon compliance of these provisions, UTI will receive a rebate up to 40 percent of
the ad valorem tax paid to the City.
6. The agreement with UTI is for 5 years beginning on January 1, 2010.
Recommendation
8 Resolution -- Reimbursing the City of Irving for Capital Expenditures for

Streets, Parks, Libraries and Economic Development Improvements in
Advance of the 2010 General Obligation Bond Sale
2. Impact: The approval of this resolution will allow the City to begin and finish certain
capital projects ahead of schedule.
3. The City wishes to begin certain projects included in the 2010 G.O. Bond Program
in an effort to bring these projects on-line at an earlier date.
4. The proposed reimbursement resolution allows the City to enter into contracts for
the projects listed in Exhibit A.
5. The projects will be financed using currently available bond funds.
6. The reimbursement resolution provides that the funds advanced will be reimbursed
with proceeds from the 2010 Bond Sale.
Recommendation

9 Resolution -- Reimbursing the City of Irving for Capital Expenditures for
Drainage Improvements in Advance of the 2010 Bond Sale
3. The City wishes to begin the Lake Carolyn reclamation in preparation for the Water
Street Project.
the reclamation.
5. The projects will be financed using currently available funds.
Recommendation

10 Resolution -- Awarding a Contract to Texas State Utilities for Utility
Undergrounding at the Irving Arts Center Project
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This contract provides for the installation and conduit only for the
undergrounding of existing overhead electric, telephone, and cable lines along
MacArthur Boulevard in front of the Irving Arts Center.
3. Verizon, Oncor, and Time Warner will install mechanical equipment and pull wiring
under separate discretionary service agreements, and landscaping improvements
will be performed, in an estimated amount of $472,000.00 for these services.
4. This project includes installing conduit and concrete pads for electric transformers in
front of the baseball field for MacArthur High School with landscape improvements
that enhance the MacArthur Boulevard corridor.
5. Texas State Utilities is recommended for award by the Capital Improvements
Program/Engineering Department.
6. The recommended bid award amount of the project is $175,194.45. An additional
$1,752.00 is needed for testing, bringing the total cost of this portion of the project
to $176,946.45. The estimated cost of the entire project is $648,946.45.
7. Texas State Utilities is a Minority- and/or Women-owned Business (M/WBE)
contractor.
8. Two of the five bids received are from M/WBE contractors.
9. Funding in the amount of $176,946.45 is available in the Non-Bond CIP Fund.
Recommendation

11 Resolution -- Approving a Memorandum of Understanding Between the
City of Irving and the City of Frisco for the Use of the Irving
Communications, Public Safety Radio Channels
2. Impact: This Memorandum of Understanding (MOU) provides interoperability
(direct patching) for Irving’s Public Safety Radio System for the City of Irving and
the City of Frisco. There is no cost involved.
3. These channels can be used by local government jurisdictions, State and Federal
agencies in Texas, and each of their associated emergency response
organizations; and private sector emergency response organizations licensed or
otherwise entitled to operate in the Public Safety Pool.
4. The MOU imposes certain protocols, procedures, and obligations upon jurisdictions
hereby authorized to use licensed radio channels held by Irving.
5. The MOU authorizes the use of Irving licensed frequencies for the purpose of
coordination between emergency response agencies and resources. Such
coordination may occur during interagency operations, en-route travel, or on-
incident communications in accordance with an Incident Communications Plan.
Recommendation

12 Resolution -- Authorizing the Use of a New Identity Marking to Brand the
City of Irving
1. This item supports Strategic Goal No. 6: Effective Communications.
2. Impact: This resolution establishes a new identity marking to brand the City of
Irving and effectively communicate with residents, visitors, and businesses.
3. The Council Communications Committee Chairwoman met with staff from several
city departments, the Irving Convention and Visitors Bureau, and the Greater Irving-
Las Colinas Chamber of Commerce to review potential identity markings.
4. On September 17, 2009, the Council Communications Committee reviewed
possible identity marking designs and recommended a new identity marking for
consideration.
5. The new identity marking was presented to the City Council for its review at the
September 23, 2009, Work Session.
6. If approved, this item also authorizes the submission of an application to seek a
federal trademark of the identity marking.
Recommendation
13 Resolution -- Supporting the Everest Heights Mixed-Use Development

Project
2. Impact: Support for the unique mixed-use concept will facilitate leasing and
financing for the development.
3. The new mixed-use retail and entertainment facilities will meet a market demand for
the City of Irving.
Recommendation

14 Resolution -- Authorizing the Irving Convention and Visitors Bureau to
Purchase Advertising Space in the Media
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
development of the Regional Activity District and Entertainment Center.
2. Impact: Promote the City of Irving to potential visitors which will generate additional
visitor spending in Irving.
3. The advertising schedule which includes both online and traditional media has been
significantly reduced to $450,000.00 for the calendar year 2010. The final schedule
will be determined based on proposals submitted, and the evaluation of these to
select those that best address the primary objectives of the 2009-10 ICVB
Marketing Plan.
4. Messaging will primarily focus on the Irving Convention Center as the 12-month
countdown to the opening begins. Destination messaging will be focused primarily
on the meetings trades and specialty publications within that segment; consumer
messaging will be concentrated primarily through the Dallas/Fort Worth Area
Tourism Council co-operative program.
5. Funding in the net amount of $450,000.00 for the period of October 1, 2009,
through September 30, 2010, is included in the 2009-10 ICVB General Fund
budget.
Recommendation
15 Resolution -- Approving a Fee Agreement with Dean International, Inc., for

Assistance in Transportation and Infrastructure Services
1. This item supports Strategic Goals No. 3: Economic Development and No. 9:
Infrastructure Network
2. Impact: This fee agreement will allow for the continuance of public policy and
consulting expertise by Dean International, Inc., for transportation and infrastructure
related services including: strategy development, analysis, and real-time reporting
of key Irving projects/initiatives.
3. Additionally, the contract provides for program development and administration and
support services for the annual Irving Transportation and Infrastructure Convention
(Washington D.C.) and Summit (Irving). The agreement provides for a monthly
services rate of $20,000.00 plus expenses over the one-year contract.
Recommendation

16 Resolution -- Approving a Fee Agreement with Dean International, Inc., for
Assistance in Water Services
consulting expertise by Dean International, Inc., for water related services including:
strategy development, analysis, and real-time reporting of key Irving
projects/initiatives. The agreement provides for a monthly services rate of
$30,000.00 plus up to $30,000.00 in expenses over the one year contract.
3. Funding in the amount of $390,000.00 is available in the Water Resources
Development Fund.
Recommendation
17 Resolution -- Approving a Professional Services Agreement for

Engineering and Planning Services with Nathan D. Maier Consulting
Engineers for the Provision of Water Acquisition Projects/Initiatives
2. Impact: Nathan D. Maier Engineering and consulting services have been of great
value to the Irving Transportation and Infrastructural Services Team regarding water
development and land acquisition initiatives
3. The agreement provides for planning and analysis assistance for the acquisition of
future water resources, maximization of pipeline assets and revenue generation.
The consultant’s expertise regarding contracting assistance, water rights analysis,
water rights and storage rights acquisition is a critical component to the city’s
strategic water planning process.
4. The firm’s capabilities in project modeling and financial analysis are paramount to
the success of Irving’s future water development and ROW acquisition initiatives.
5. Total cost of the agreement is not to exceed $600,000.00 including estimated
expenses.
6. Funding in the amount of $600,000.00 is available in the Water & Sewer System
Fund.
7. Nathan D. Maier is a 100% Woman-Owned Business Enterprise.
Recommendation

18 Resolution -- Approving an Agreement Between the City of Irving and
EMISSTAR, L.L.C to Provide Emissions Technology Consulting for the
Environmental Protection Agency’s Emerging Technologies Grant Project
for the City of Irving, Texas
1. This item supports Strategic Goal No. 10: Environmental Sustainability.
2. Impact: This professional services contract will provide for the required quarterly
emissions reporting in the recently awarded Environmental Protection Agency’s
Emerging Technology Grant.
3. EMISSTAR is a consulting firm specializing in emissions, energy and sustainable
technologies reporting for the transportation sector. EMISSTAR is a sole source
vendor and is uniquely qualified for these services due to the fact that EMISSTAR
has extensive experience in installation, emissions measurement testing and in-
depth knowledge of the SCRT technology being utilized, which is not yet
commercially available.
4. Funding in the amount of $83,708.00 for the period of October 1, 2009, through
September 30, 2010, is available in the Garage Fund.
Recommendation
19 Resolution -- Authorizing the Mayor to Accept American Recovery and

Reinvestment Act Funding in an Amount Up to $2,058,600 through the U.S.
Department of Energy’s Energy Efficiency and Conservation Block Grant
2. Impact: This funding, offered through the U.S. Department of Energy’s Energy
Efficiency and Conservation Block Grant Program, allows the City of Irving to
implement renewable energy and energy conservation projects, including the
installation of solar powered LED street lights on the Irving Boulevard corridor.
3. The Department of Energy has awarded an initial $73,339.00 for the development
of an Energy Efficiency and Conservation Strategy that supports the goals of the
Energy Efficiency and Conservation Block Grant program.
4. A second award for the implementation of a solar powered LED street light project
will be granted after the approval of an Energy Efficiency and Conservation
Strategy.
5. The funding period for this grant is from October 1, 2009, to September 30, 2010.
Recommendation

20 Resolution -- Approving an Increase in Authorized Personnel for a Three
Year Period to Deliver the Services Associated with the Homelessness
Prevention and Rapid Re-Housing Program Grants and the Neighborhood
Stabilization Program Grant
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: These positions will ensure the provision of homelessness prevention
services reaches the greatest number of residents in need and will assist in
determining long term stability for Irving residents.
3. Due to the award of several homelessness-related grants, staff is requesting the
reclass of the department’s Contract Compliance Coordinator to a Homelessness
Prevention Coordinator position and a reclass of the Program Analyst position to
Contract Compliance Coordinator for the duration of the grant funding. The
incumbent in this position will develop, maintain, and coordinate the City’s Back on
Track program, a comprehensive homelessness prevention and service program.
Additionally, this position will assume all necessary case management duties.
4. Staff is requesting the increase in Authorized Personnel to reflect the hiring of a
Case Worker and an Intake Worker. The Case Worker would be funded by each of
the HPRP funds. The Intake Worker’s funding would be split between the HPRP
finds and the NSP program (also providing intake service for that program).
5. Approval for these staffing decisions was made by the Reclass Committee and the
Housing and Human Services Board. The need for these positions was presented
to the Community Services Committee. Estimate costs for the two positions are
$143,174.46 ($33,190.44 in NSP, $54,991.79 in HPRP Federal, $54,991.79 in
HPRP State).
6. Funding in the amount of $2,289,877.00 is available in the Neighborhood
Stabilization Program Fund, funding in the amount of $844,146.00 is available in the
HPRP State Fund, and funding in the amount of $950,000.00 is available in the
HPRP Sate fund.
Recommendation

Bids/ Purchasing Items (7 Awards/ Renewals & 1 Addendum)
Items 21 - 28
21 Resolution -- Renewing Annual Contract with GT Distributors, Inc., for

Police Body Armor
2. This item has been recommended by Police.
3. Impact: Body armor protection enables the City’s police officers to perform their
duties with a higher degree of safety and effectiveness.
4. This renewal establishes the continuation of an annual contract to provide body
armor. The original contract was awarded on the basis of competitive bids.
5. Pricing remains the same for this renewal in spite of increases from the
manufacturer.
6. Funding in the net estimated amount of $74,433.48 for the period of November 1,
2009, through September 30, 2010, and in the net estimated amount of $6,766.68
for the period of October 1, 2010, through October 31, 2010, is available in the
General Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation

22 Resolution -- Approving and Accepting the Bids of Sunbeam Foods, Inc.,
and Southern Foods Group dba Schepps Dairy for an Annual Contract to
Supply Prisoner Food
3. Impact: This service provides incarcerated prisoners with nutritious meals.
4. This award establishes annual contracts for the continuation of providing prisoner
food and utensils.
FY09-10 FY10-11 Total Annual
Vendor Group Est. Exp. Est. Exp. Est. Exp.
Sunbeam Foods, Inc. A $83,860.52 $7,623.68 $ 91,484.20
Southern Foods Group dba Schepps Dairy B $10,450.00 $ 950.00 $ 11,400.00
Total Estimated Amount $94,310.52 $8,573.68 $102,884.20
Recommendation
23 Resolution -- Approving an Addendum with Information Builders, Inc., for

Phase II of the Business Intelligence Reporting System Project
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 6: Effective
Communications.
2. This item has been recommended by Information Technology and it is a Strategic
Project/Task approved by the Technology Review Committee and supported by
Fire, Financial Services, Strategic Resources, and Water Utilities.
3. Impact: Phase II will allow the City, through the City’s Web site, to provide timely
information and reports that impact the daily lives of our residents, visitors, and
businesses.
4. Phase II is in three components: 1) provides Web site access for specific timely
reports, such as traffic congestion problems, crime statistics in specific areas,
capital improvement projects status/plans for the day, etc.; 2) provides reports in
mobile technology format for access with Blackberries or other mobile devices; and
3) enhances performance goal management.
6. Funding in the net amount of $183,944.00 is available in the Technology Fund.
Recommendation

24 Resolution -- Awarding Single Source Award to ESRI for Software
Maintenance for the ESRI Geographic Information System
1. This item supports Strategic Goal No. 9: Irving’s Infrastructure.
2. This item has been recommended by Information Technology and it is a
Maintenance/Support Task approved by the Technology Review Committee.
3. Impact: This maintenance agreement keeps the City’s GIS software running
efficiently. GIS is the software currently used to produce maps, deliver information
to the public, and solve issues through geographical analysis.
4. ESRI is the developer and designer of our current GIS software and is the single
source provider of the maintenance.
through October 30, 2010; in the net estimated amount of $74,961.78 for the period
of October 31, 2010, through October 30, 2011; and in the net estimated amount of
$78,709.78 for the period of October 31, 2011, through October 30, 2012, is
available in the General Fund, subject to funds being appropriated in Fiscal Years
2010-11 and 2011-12.
Recommendation
25 Resolution -- Renewing Contract for Control of Communicable Disease

Services through an Interlocal Agreement with Dallas County Health and
Human Services
2. This item has been recommended by Fire.
3. Impact: Providing free preventive health services promotes a healthier lifestyle and
improved quality of life for Irving residents.
4. This renewal establishes the continuation of an annual contract to provide control of
communicable disease services. This contract includes services for tuberculosis
control, sexually transmitted diseases, laboratory tests, immunizations, and well-
baby exams.
5. As part of the contract, the City provides space at 440 N. Nursery Road for clinical
operations for this program, in which approximately 14,085 residents received
services in 2008.
6. Funding in the net amount of $81,906.00 for the period of October 1, 2009, through
September 30, 2010, is available in the General Fund.
Recommendation

26 Resolution -- Renewing Annual Agreement with The University of Texas
Southwestern Medical Center at Dallas for Continuing Education Services
for Emergency Medical Technicians (EMTs) and Paramedics
3. Impact: These services ensure that all Irving Fire Department EMTs and
paramedics have the training hours required to meet State certification.
4. This renewal establishes the continuation of an annual contract to provide
continuing education hours and training as defined by the Biotel EMS System and
UT Southwestern Medical Program.
Recommendation
27 Resolution -- Renewing Annual Contract with The University of Texas

Southwestern Medical Center at Dallas for Medical Direction and Quality
Assurance Services for Emergency Medical Technicians (EMTs) and
Paramedics
3. Impact: By operating under the medical license and guidance of a qualified
physician, the paramedics of the Irving Fire Department can provide the highest
level of quality patient care for the community. The use of a quality assurance
program provides the necessary feedback to meet this important goal.
4. This award establishes an annual contract for the continuation of providing medical
direction and quality assurance services required for the Fire Department to comply
with Texas Department of Health EMS recertification rules. These services are for
all paramedics and EMTs authorized for clinical performance in the UT
Southwestern Medical Program and the BioTel EMS system.
Recommendation

28 Resolution -- Approving Award to Equipment Southwest, Inc., for Street
Sweepers, through the State of Texas Local Government Statewide
Cooperative Purchasing Program Administered by the Texas Association
of School Boards (the BuyBoard Program)
2. This item has been recommended by Street Operations and approved by
Intergovernmental Services.
3. Impact: These sweepers help keep the City compliant with the Municipal Drainage
Utility permits by removing debris before it gets into our storm drain systems and
water systems. Keeping our streets clean improves quality of life for residents and
visitors.
4. This purchase is for two 2010 Allianz Vacuum Sweepers, each mounted on a 2009
Isuzu Chassis. These are budgeted replacements for City Tags No. 18071 and No.
18072, two 1999 Elgin Sweepers, which are being retired in accordance with the
City’s equipment replacement policy.
5. Funding in the net amount of $456,624.00 is available in the Equipment
Replacement Fund.
Recommendation
End of Bids
29 Ordinance -- Amending Chapter 27A Entitled “Personnel” of the Code of

Civil and Criminal Ordinances of the City of Irving, Texas, Relating to
Education Incentive Pay and Certification Incentive Pay for Eligible Police
and Fire Civil Service Personnel
2. Impact: Certain special pay categories relating to education incentive pay and
certification incentive pay were enhanced as part of the Fiscal Year 2009-10 budget
process in order for salaries and benefits to remain competitive with our benchmark
cities.
Recommendation
The ordinance be adopted.

30 Ordinance -- First Reading - Amending Chapter 52 “Water and Sewer
Rates” of the Code of Civil and Criminal Ordinances of the City of Irving,
Texas, Providing for a Waiver of Deposit; Providing for Cost Recovery
Related to Utility Services Disconnections
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
2. Impact: The amended ordinance will enhance cost recovery based on Lean Six
Sigma revisions to the collection process affecting utility customers with delinquent
accounts.
3. The following fee changes are recommended as a cost recovery mechanism
relating to those customers who chose to not pay their bills as required and/or steal
service by bypassing our system. The ordinance includes a $25.00 collection
charge for all customers whose accounts are 30 days or more past due as of 5:00
p.m. the day before the disconnect date; $50.00 charge for unauthorized use of
services; $50.00 charge to have services (re)connected after normal operating
hours; and $15.00 charge for excessive trip charges in attempting to (re)connect
services. In addition, a 10 percent late penalty will be assessed on the total past
due balance for bills not paid by 5:00 p.m. on the due date.
4. A waiver of deposit will be provided to all customers utilizing automatic draft services
with a minimum 12 month commitment.
5. Along with significant cost savings, annual cost recovery is anticipated to increase
approximately $387,493.00 and will be allocated to the Water and Sewer System
Fund.
Recommendation

ZONING CASES AND COMPANION ITEMS
31 Resolution -- Approving Final Plat - The Enclave at TPC Las Colinas,
Phase 1 and 3, Revised Final Plat - Approximately 0.562 Acres Located at
4545 and 4549 Byron Circle - Surveying Associates, Applicant - Anne
Ingwalson, Owner
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: September
8, 2009 – Technical Denial
3. The applicant is requesting to replat two lots into one lot for residential use.
4. The following exception to the Subdivision Ordinance requires this case to be
forwarded to the City Council for action:
• Section 35-25 of the Subdivision Ordinance requires all private streets to be
approved by the City Council. Byron Circle is a private street.
5. The plat complies with all other requirement of the Subdivision Ordinance.
6. Public notices were sent to twenty-three (23) property owners, with no letters in
support or opposition received.
Recommendation

32 Ordinance -- Zoning Case #ZC09-0045 - Granting S-P-1 (Detailed Site Plan)
for Retail, Restaurant and Office Uses - Approximately 0.28 Acres Located
at 2201 Cheyenne Street - Ali Bary, Owner/Applicant
8, 2009 – Favorable 5-0, with the stipulation that the site plan be revised to show
one large tree instead of two smaller trees (Commissioners Spurlock, LaRose,
Urias and Randall, absent).
3. The applicant is requesting to rezone the property for retail, restaurant and office
uses.
4. The Comprehensive Plan recommends Retail uses for this property. This request is
in conformance with the Comprehensive Plan.
5. This property is currently developed with a single story building. The applicant is
wishing to rezone the property to use the existing building for retail uses.
6. This property was rezoned in 1990 for a restaurant with alcoholic beverage sales
with 17 parking spaces. The current owner would like to use the existing building
for retail with the parking as shown on the site plan.
7. The applicant is proposing to add one tree and four shrubs along Cheyenne Street,
and refinish and repaint the metal awning with a color that matches or is consistent
with the color of the buildings to the south and west.
8. Staff can support this case with the proposed retail, restaurant and office uses as
the only permitted uses for this property.
9. The stipulation of the Commission has been met.
10. Public notices were sent to nine (9) property owners, with one letter in support and
none in opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

33 Ordinance -- Zoning Case #ZC09-0048 - Granting S-P-2 (Generalized Site
Plan) for C-C (Community Commercial) Uses - Approximately 9.8107 Acres
Located at the Southwest Corner of Esters and Rochelle Road - City of
Irving, Owner/Applicant
1. This item supports Strategic Goal No. 1: Land Use and
Strategic Goal No. 7: Cultural, Recreational and Educational Environments.
8, 2009 – Favorable 5-0; (Commissioners Spurlock, LaRose, Urias and Randall,
absent).
3. The applicant is requesting to rezone the property for government, public
recreation, and related uses.
4. The property is currently partially developed with Fire Station No. 6 and a water
tower. The applicant is rezoning the property to develop the vacant portion of the
property with a new branch library. The rezoning is necessary to eliminate a
setback line adjacent to the water tower shown on the current zoning site plan.
Eliminating the setback line will maximize the area available for development for the
new library.
5. A replat has been submitted and is pending approval of this zoning case.
6. Public notices were sent to twenty-two (22) property owners, with two (2) letters
received in support and none in opposition.
Recommendation
Commission.
APPOINTMENTS AND REPORTS

34 Mayor’s Repot
35 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
September 23, 2009
The Irving City Council met in work session September 23, 2009. The following members
were present/absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Beth Van Duyne Irving City Council Councilwoman Late
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Late
Rick Stopfer Irving City Council Councilman Absent
Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

Sam Smith Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Thomas Spink Irving City Council Councilman Present
Mayor Herbert Gears called the meeting to order at 11:00 AM.
DISCUSSION TOPIC
1 Introduction of City Council Cycle Participants
Executive Assistant Linda Murray introduced the Council Cycle Participants, Legal Services
Supervisor Belinda Rowlett and Senior Librarian Stephanie Gimble.
2 Review of Regular Agenda

The Council reviewed the agenda and the following directions were noted.
City Manager Tommy Gonzalez recognized Senior Assistant City Attorney Jennifer
Richie, Police Sergeant John Mitchell, and Assistant Police Chief Steve Ramsey with
an On the Spot Award for their work for the Apartment Crime Reduction Program.
2 Ordinance -- Public Hearing and Adoption of the 2009-10 City of Irving Fiscal Year
Budget
City Manager Gonzalez noted that the staff has made adjustments based upon the
Council’s decision not to increase the water, sewer and sanitation rates. He stated that
this adjustment will require only a delay in projects, but will not create a hardship for the
City. He reminded the Council that Irving is the lowest of the metroplex benchmark
cities in these rates.
Mayor Gears noted that since property values have gone down and the Council has
agreed not to increase the tax rate, he asked what the percentage decrease in taxes
has been.
Budget Administrator Bret Starr said he did not know but will provide that information.
Later in the meeting, he advised that this represents a 9.9% decrease in taxes.
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City Council Work Session

September 23, 2009
Councilman Philipp stated that he agreed to the tax decrease and deferring any
increase in rates. However, he stated that water, sewer, and sanitation are core issues
and they should again be considered by the Council this fall. He asked that facts and a
plan of action be brought back to the Council as infrastructure must be replaced before
it fails.
Councilwoman Cannaday and Councilman Smith agreed.
8 Resolution -- Authorizing the Mayor to Represent the City of Irving in Members
Meetings of The Las Colinas Association, Sign Proxy Statements, Vote for Directors,
and Any Amendments to the Declarations Which May be Proposed

Mayor Gears asked why this item is on the agenda.
City Manger Tommy Gonzalez advised that he is seeking clarification as to who should
be authorized to represent and vote for the City in matters pertaining to the Las Colinas
Association as the City now owns property in Las Colinas.
After discussion, it was agreed that the City Manager, rather than the Mayor, will be
placed in this position and directed the City Attorney to correct the resolution.
9 Resolution -- Authorizing Staff to Negotiate a Professional Services Contract with
CTL/Thompson and Alpha Testing for the Annual Geotechnical Engineering and
Construction Materials Testing and Inspection Contract
Councilman Philipp asked who has been performing this service.
City Engineer Mike Walter answered that this firm has been providing this service to
the City for years. He clarified that this contract is for City infrastructure projects only;
however, often developers will use this firm as well for their core testing.
Real Estate Development Director Brenda McDonald advised that testing is required
for all infrastructure put in by private developers.
11 Resolution -- Awarding a Contract to Weir Bros., Inc., for the Texas Stadium Demolition
Project
Assistant Director of Real Estate Development Doug Janeway reviewed the bid
process that was provided by Jacobs Engineering on five of the top seven bidders. He
stated that the most effective way to demolish the stadium is by implosion and this
should occur in early 2010.
He advised that this bid has been contested by another bidder, and will be discussed in
Executive Session.
Councilwoman Cannaday asked if any of the steel could be salvaged to be recycled to
be used for a memorial of some kind to the stadium, i.e., a fountain.
Mr. Janeway stated that he will check with the contractor as he has the ownership of all
salvaged steel.
The Mayor stated that staff is working on a ceremonial event to be held at the time of
demolition.
Councilman Philipp requested an electronic copy of the bid analysis study prepared by
Jacobs.
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September 23, 2009
16 Resolution -- Approving an Assignment of Contract of Sale to the City of Irving for the
Acquisition of a Single-Family Residence Located at 506 Larry Drive - Sierra Plateau,
Ltd., Assignor
17 Resolution -- Approving an Assignment of Contract of Sale to the City of Irving for the
Acquisition of a Single-Family Residence Located at 614 Westwood Drive - Sierra
Plateau, Ltd., Assignor
Community Services Director Paul Gooch stated that the purchase of the home at 506
Larry Drive provides for better access to Centennial Park. The owner is ready to sell

and it is being purchased at appraised value. The purchase of the home at 614
Westwood will allow for the realignment of 6th Street and additional beautification of the
streetscape. He noted that the owner does not want to sell and city is offering above
market value to defer the costs of an eminent domain process.
Councilwoman Cannaday asked if Sierra Plateau is a McDougal company.
Mr. Gooch answered that this is a McDougal company.
21 Resolution -- Approving Amendment of the Irving Housing Finance Corporation Bylaws
to Allow Purchase of Non-Foreclosure Property
Councilwoman Van Duyne asked for a presentation on this item.
Executive Director Vivian Ballou stated that this amendment to the bylaws allows the
HFC to purchase houses before they go into foreclosure.
Councilman Spink asked if the HFC will have the ability to do a reverse mortgage.
Mrs. Ballou answered that a reverse mortgage can be used by the HFC.
Councilwoman Van Duyne asked if there was grant money in place to implement the
broadening of this program.
Mrs. Ballou stated that the City did have funding and the grant that is being asked for
on this agenda will provide additional funding for this program.
Councilman Philipp noted that the grant and the use of the funds had been discussed
at Chairman Smith’s Community Services Committee at length. He stated that he was
in favor of this change, but he asked that adequate checks and balances be put in
place through the City’s Financial Services Department and the Treasurer of the
Housing Finance Authority.
23 Resolution -- Approving the City Arts Services Program as the Third Part of the Irving
Arts Board’s New Financial Assistance Program
Executive Director Richard Huff presented a review of the City Arts Services Program.
There followed discussion of the program and the Council’s representation on this
committee. It was agreed that the Council appointments will set up through the City
Secretary’s Office similar to the board appointment process. Also it was agreed that
the Arts Board would not have the ability to remove Council appointments to this
committee.
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September 23, 2009
24 Resolution -- Approving and Accepting the Bid of Mart-Caudle Corp dba Walnut Hill
Wrecker for an Annual Contract to Provide Wrecker Service and Auto Pound Operation
Councilman Philipp asked if Walnut Hill Wrecker Service has provided quality service
to the City.
Police Chief Larry Boyd advised that they have received very few complaints on the
services that they provide.
At this time, Mayor Gears stated that Work Session Item Number Nine will now be
heard as Chief Boyd had to leave the meeting soon.

9 Report on the Warren Institute Study “the C.A.P. Effect: Racial Profiling in the ICE
Criminal Alien Program”
Chief Boyd presented a report to the Council refuting many of the claims made by the
study conducted by the Warren Institute and the corresponding article on this study
published in the Dallas Morning News. The following points were made:
• Errors were made in calculating the number of arrests and type of arrests by
ethnicity category.
• Arrests for all race categories rose in the summer of 2007 due to other Police
initiatives such as COMSTAT and DWI grant funding.
• Errors were made in calculating the percentage of felony offenses referred to
ICE; it was reported as only 2% when felony offenses account for 15%.
There followed a lengthy discussion as to how this correct information should be
disseminated to the citizens of Irving, but the Council agreed that they are not
interested in sending this information to those that produced this flawed study. The
Council also expressed their confidence in the integrity of the Chief and the entire
Police Department.
Further the Council agreed to get this information presented today to the Spanish
speaking media.
Mayor Gears stated that the Council will now return to the review of the regular agenda.
29 Ordinance -- Amending Chapter 22 Entitled “Noise” of the Code of Civil and Criminal
Ordinances of the City of Irving to Provide Specific Definitions and Enforcement of
Noise Violations
Police Legal Advisor Les Moore reviewed this new ordinance.
Mayor Gears asked if this pertained to roosters and/or fowl.
Mr. Moore said that it did identify fowl; however, he clarified that the noise must be
deemed unreasonable.
Mayor Gears stated that the Council will now consider work session item number three,
as the outside consultants must leave soon.
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September 23, 2009
3 Identity Marking
Director of Corporate Communications Laurie Kunke introduced this item. She advised
that Chairman Cannaday’s Communication Committee has taken the lead on this
project and worked with the Interstar Group and Propel to develop the identity marking
that will be presented today. She presented a brief history of the logo and then
introduced Jane Schlansker from the Interstar Group.
Ms. Schlansker reviewed the process and introduced the proposed logo that
incorporates the head of a mustang horse with a flowing mane. The colors used are a
green and a blue which represents the greening of the environment and the blue of the

water. She noted that a bronze shade was being used for the lettering.
Councilwoman Cannaday stated that the larger issue of “branding” for the City can now
be looked at it in a broader context.
Councilwoman Cannaday also addressed the process utilized by the staff and the
committee to reach this consensus.
After discussion the Council agreed to bring this back to a future regular meeting for
formal approval.
Mayor Gears returned to the review of the Regular agenda.
30 Ordinance -- Repealing Housing and Human Services Board Appointment and

Supervision of the Executive Director Under Section 63-3 of Chapter 63 of The Code of
Civil and Criminal Ordinances of the City of Irving, Texas
Councilman Smith advised the Council that it was a unanimous decision by the
Community Services Committee to change the Housing and Human Services
Executive Director position’s reporting structure so that she reports directly to the City
Manager rather than to the Housing and Human Services Board.
Councilman Philipp stated that he is in favor of integrating the department with the
other City departments, but he is also still in favor of the following goals of the Housing
and Human Services Department:
1) Affordable housing construction,
2) Redevelopment of housing in the city,
3) Foreclosure prevention strategies.
4) Emergency shelter grants
5) Various human services programs
Councilman Spink stated the board does not agree with this change as she is the
expert in this area and this removes her authority to make decisions.
It was clarified that this change has no impact on any other city board. The Council
agreed that the Housing and Human Services board will continue to act in its capacity
as an advisory board to the City Council.
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September 23, 2009
31 Ordinance -- Amending the City of Irving General Obligation Bonds, Series 2007 to
Reallocate $2,255,000 Fire Facilities Bond Proceeds to Library Facilities Purposes
32 Ordinance -- Amending the City of Irving General Obligation Bonds, Series 2008 to
Reallocate $1,580,000 Fire Facilities Bond Proceeds to Library Facilities Purposes
Mayor Gears explained that these are companion items each represent different bond
issuances; however, the goal is the same on both. As Fire House Number Four will not
be built on MacArthur to save the tree, the city will reallocate these funds to begin
construction on the West Branch Library. The funds will not sit idle.
Councilman Van Duyne said that she has been receiving many calls from citizens on

this and many are concerned about the legality of this decision.
Budget Administrator Bret Starr reviewed this recommended process and clarified that
the City will lose 4.5% in interest earned if this is not done. He assured the Council
that the city will still have funds to build the fire house in the future.
City Manager Tommy Gonzalez stated that in four to six months plans and options on
the location of fire station number four will be brought back to the Council.
Councilman Patrick stated that he will vote “no” as he does not agree with delaying this
construction just to save the tree and convert the existing streetscape to a “park.”
Mayor Gears stated that this completes the review of the regular agenda and he will
now return to consider the rest of the work session items.
4 City Operations Health Continuity Plan

Assistant Emergency Management Coordinator Jason Carriere presented information
on the H1N1 virus and the city’s plans.
City Manager Tommy Gonzalez advised that this information will be placed on the
City’s internet.
The Council had no questions.
5 Water Reuse Update

Business Manager David Cardenas presented this proposed plan to the Council and
advised them as to what the City has accomplished to date.
City Manager Tommy Gonzalez stated that this is just one component of the City’s
water plan to continually maintain water to the residents and businesses in our city.
The Council had no questions.
6 Cycle Council Cycle Results

Executive Assistant Linda Murray presented this review of the employees that have
participated in this program and the suggestions they have made to improve the
agenda and meeting process.
The Council commended the program.
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September 23, 2009
7 2010 Council Calendar Review

City Secretary Janice Carroll presented the meeting calendar for the year 2010. She
advised that this is a draft calendar and asked that if there are any needed changes to
please advise her as soon as possible.
There were no changes to the calendar at this time.
8 Housing & Human Services Back on Track Program

Housing & Human Services Executive Director Vivian Ballou presented the “Back on
Track Program” which allows the department to provide self sufficiency assistance to
residents during these difficult economic times. She described the local need and the
grants received from the federal stimulus fund as well as how the funds will be
allocated.
Mayor Gears asked several questions regarding the social service agencies in Irving
and how they relate to this program.
Councilman Van Duyne asked if other agencies can apply for funding.
Mrs. Ballou assured that they can throughout the year. If an agency that was approved
in the yearly process has not used all of the funds provided then these funds can be
reallocated to another agency.
Councilwoman Van Duyne noted that Big Brothers/Big Sisters has lost their grant
obtained through the school districts and my need to apply.
The Council agreed that this presentation does not include the additional employee
positions funding that has been requested by the Housing and Human Services
Department.
Mrs. Ballou agreed and noted that she has moved some of her current staff into the
Back On Track program.
Mayor Gears noted that this program cannot run without adequate personnel and that
this should be brought back for further discussion at the next work session. He noted
that this department’s staff is funded by Federal dollars and not the municipal general
fund.
Councilman Smith stated that he is ready to approve staff if the City’s procedures have
been followed.
Councilwoman Van Duyne stated that she is interested in more of the funding going to
the agencies rather than funding more personnel for the Housing and Human Service
Department.
10 IHFC Board Meeting

Mayor Gears adjourned the Work Session and opened the meeting of the Housing
Finance Corporation.
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September 23, 2009
EXECUTIVE SESSION
City Attorney Charles Anderson read the Mayor and Council into Executive Session at 3:52
PM.
11 Legal Advice - City of Hugo v. Nichols, et al.

Texas Open Meetings Act § 551.071
Resolution -- Awarding a Contract to Weir Bros., Inc., for the Texas Stadium Demolition
Project

Resolution -- Approving an Agreement Between the City of Irving and the Trinity River
Authority to Provide Water and Wastewater Laboratory Analysis Services to Meet State
Standards for the City of Irving, Texas
Mayor Gears announced that the Council will now reconvene in Open Session. The time was
4:47 PM.
The meeting was adjourned at 4:48 PM.
___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Janice Carroll, TRMC
City Secretary
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REGULAR MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
September 24, 2009
~
The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, September 24, 2009. The following members were present /
absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Beth Van Duyne Irving City Council Councilwoman Present
Allan Meagher Irving City Council Councilman Present
Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Absent
Sam Smith Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Thomas Spink Irving City Council Councilman Present
ORGANIZATIONAL SERVICE ANNOUNCEMENTS
Jennifer Wilson, Irving Arts Center, invited everyone to the Family Fun Day and Smithsonian
exhibition entitled, NASA; it will be held this weekend on September 26-27, 2009 from 2-5. In
addition, there will be a welcome ceremony and reception scheduled for Sunday, September 27,
2009, at 3:00 p.m.
INVOCATION
The invocation was delivered by Reverend R. Jones, First Christian Church of the City Of Irving.
PLEDGE OF ALLEGIANCE
Councilman Patrick led those present in the pledge.
PROCLAMATIONS AND ANNOUNCEMENTS
Proclamation: “The Big Read”
Mayor Gears asked the following to come forward. Patty Landers, Director of the Library
Services, Jan Bodnar, Community Relations Supervisor, Amanda Hipp, Senior Librarian, Dr.
Jennifer Jackson, High School English Language Arts/Reading Coordinator at IISD, and Dr. Lea
Bailey, Director of Learning Resources at IISD. Mayor Gears stated that the Bid Read is a
community-wide reading event designed to revitalize the role of literature in the American
culture. Mayor Gears stated that Irving’s Big Read begins on October 1 and will continue
through October 31st. The Irving Library - in collaboration with other city departments, Irving
schools and community organizations will host a variety of fun events for “The Big Read”. This
year’s selected author is Edgar Allan Poe. He proclaimed October as Big Read month in the
City of Irving.
Packet Pg. 30
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City Council Meeting

September 24, 2009
Certificate of Recognition:
Mayor Gears called the following forward: Officer Rosario Solis, Program coordinator and the
Coaches for the PAL Program: Arnold Alejandro, Don Bolke, Jose Garcia, Robert Hernandez,
Hector Vasquez, Sr. and Hector Vasquez Jr. Mayor Gears stated that the Irving Police Athletic
League (PAL) was incorporated in 1992 as a nonprofit organization by volunteer police officers
and private citizens. PAL supports kids through a regimented program of physical fitness and
exposure to positive role models. The primary activities sponsored by PAL are boxing,
wrestling, baseball and softball. The boxing program runs year round and it requires a
commitment from both kids and adults. Mayor Gears presented each participant with a
Certificate of Recognition.

CITY COUNCIL AGENDA

A video was shown giving an update on the strategic goals.
City Manager Tommy Gonzalez also thanked staff for their work on the 2009-10 fiscal
year buget.
2 Ordinance No. ORD-2009-9117 -- Public Hearing and Adoption of the 2009-10

City of Irving Fiscal Year Budget
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition.
Budget Administrator Bret Starr provided an overview of the proposed budget.
There were no speakers.
RESULT: ADOPTED [UNANIMOUS]

MOVER: Lewis Patrick, Councilman
SECONDER: Rose Cannaday, Councilwoman
AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink
ABSENT: Rick Stopfer
3 Ordinance No. ORD-2009-9118 -- Setting the 2009 Tax Rate and Levying the
Tax As Required by the State of Texas Property Tax Code
opposition. There were no speakers.
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September 24, 2009

MOVER: Rose Cannaday, Councilwoman
SECONDER: Sam Smith, Councilman
4 Ordinance No. ORD-2009-9119 -- Adopting the 2009 City of Irving Tax Roll As
Required by the State of Texas Property Tax Code

Mayor Gears introduced the item and asked if anyone wished to speak on favor
or opposition. There were no speakers.

MOVER: Sam Smith, Councilman
SECONDER: Allan Meagher, Councilman
CONSENT AGENDA
The consent agenda items 5-33 were presented for approval. Mayor Gears stated that the
following items would be pulled from the consent agenda and heard separately. Items.
#11,#17,#21, #22, #24, #30, #31 and #32. Councilman Patrick moved to approve the consent
agenda items 5-33, excluding items #11, #17,# 21, #22, #24, #30, #31 and #32. Seconded by
Councilman Spink, the motion was approved by a vote of 8-0.
7 Approving Minutes for Thursday, September 3, 2009
8 Resolution No. RES-2009-402 -- Authorizing the Mayor to Represent the City of

Irving in Members Meetings of The Las Colinas Association, Sign Proxy
Statements, Vote for Directors, and Any Amendments to the Declarations Which
May be Proposed
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September 24, 2009

SECONDER: Thomas Spink, Councilman
9 Resolution No. RES-2009-403 -- Authorizing Staff to Negotiate a Professional

Services Contract with CTL/Thompson and Alpha Testing for the Annual

Geotechnical Engineering and Construction Materials Testing and Inspection
Contract

10 Resolution No. RES-2009-404 -- Authorizing Staff to Negotiate a Professional

Services Contract with Jacobs Engineering Group, Inc., for the Engineering
Design Associated with the O’Connor Road Reconstruction - Pioneer to Second
Street Project

11 Resolution No. RES-2009-405 -- Awarding a Contract to Weir Bros., Inc., for the
Texas Stadium Demolition Project
opposition of this item.
Assistant Real Estate Director Doug Janeway gave a brief presentation regarding
the bid award process.
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September 24, 2009
The following registered to speak in opposition of this item.
Robert Elder, Attorney at Law, 5005 LBJ Freeway, Dallas, Texas and
representing NASDI. LLC
RESULT: ADOPTED [7 TO 1]
AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday
NAYS: Thomas Spink

12 Resolution No. RES-2009-406 -- Approving an Agreement Between the City of

Irving and the Greater Irving-Las Colinas Chamber of Commerce to Provide
Annual Funding for Economic Development Services for the City of Irving, Texas

13 Resolution No. RES-2009-407 -- Approving a Sister Cities/International Trade

Development and Assistance Center Services Contract with the Greater Irving-
Las Colinas Chamber of Commerce

14 Resolution No. RES-2009-408 -- Approving a Right-of-Entry and Construction

Easement for the DART LRT Orange Line Project on Property Owned by BF Las
Colinas, L.P.
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September 24, 2009

15 Resolution No. RES-2009-409 -- Approving an Easement Purchase Contract

with Sprint/United Management Company for the Acquisition of a 25-Foot Public
Utility Easement Along State Highway 114 for the Relocation of Utilities Related
to the TxDOT Highway Expansion Project

16 Resolution No. RES-2009-410 -- Approving an Assignment of Contract of Sale

to the City of Irving for the Acquisition of a Single-Family Residence Located at
506 Larry Drive - Sierra Plateau, Ltd., Assignor

17 Resolution No. RES-2009-411 -- Approving an Assignment of Contract of Sale

to the City of Irving for the Acquisition of a Single-Family Residence Located at
614 Westwood Drive - Sierra Plateau, Ltd., Assignor
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September 24, 2009
Councilwoman Van Duyne noted her concern with the discrepancy in the land
value and the sales price of the property.
Assistant Director of Real Estate Services Doug Janeway explained the
reasoning for paying this amount versus the cost of an eminent domain legal
procedure.
MOVER: Joe Philipp, Councilman
SECONDER: Lewis Patrick, Councilman

AYES: Meagher, Patrick, Smith, Philipp, Cannaday
NAYS: Herbert Gears, Beth Van Duyne, Thomas Spink
18 Resolution No. RES-2009-412 -- Authorizing the Submission of an Application

to the North Central Texas Council of Governments for Heavy-Duty Vehicle and
Equipment Grant Program Funding for On-Board Electrification and Idle
Reduction Infrastructure, and If Awarded, Authorizing the Mayor to Execute an
Agreement with the North Central Texas Council of Governments

19 Resolution No. RES-2009-413 -- Approving an Agreement Between the City of

Irving and the Trinity River Authority to Provide Water and Wastewater
Laboratory Analysis Services to Meet State Standards for the City of Irving,
Texas
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September 24, 2009

20 Resolution No. RES-2009-414 -- Authorizing the Mayor to Accept American

Recovery and Reinvestment Act Funding in the Amount of $937,605 from the

U.S. Environmental Protection Agency

21 Resolution No. RES-2009-415 -- Approving Amendment of the Irving Housing

Finance Corporation Bylaws to Allow Purchase of Non-Foreclosure Property
AYES: Gears, Meagher, Patrick, Smith, Philipp, Cannaday, Spink
NAYS: Beth Van Duyne
22 Resolution No. RES-2009-416 -- Approving a Service Agreement Extension

Between the City of Irving and the Irving Housing Finance Corporation Until
September 30, 2010
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September 24, 2009
AYES: Gears, Meagher, Patrick, Smith, Philipp, Cannaday, Spink
NAYS: Beth Van Duyne
23 Resolution No. RES-2009-417 -- Approving the City Arts Services Program as

the Third Part of the Irving Arts Board’s New Financial Assistance Program

24 Resolution No. RES-2009-418 -- Approving and Accepting the Bid of Mart-

Caudle Corp dba Walnut Hill Wrecker for an Annual Contract to Provide Wrecker
Service and Auto Pound Operation
Mayor Gears introduced the item and asked if anyone wished to speak in favor
opposition.
Manager of Purchasing Ed Matthews gave a presentation on this item.
The following registered to speak in opposition.
David Fowler, Pro Tow, 1006 E. Main Street, Lewisville, Texas
The following registered in support but did not wish to speak.
Rick Chron, 261 Oakcreek Drive, McKinney, Texas
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September 24, 2009

25 Resolution No. RES-2009-419 -- Approving Purchase from Computer Tech for

the Equallogic SAN Video Storage System through the State of Texas

Department of Information Resources (DIR) Program

26 Resolution No. RES-2009-420 -- Ratifying Emergency Award to Holt Cat for the
Certified Power Train Rebuild of a Compactor

27 Resolution No. RES-2009-421 -- Approving Addendum No. 1 to the Agreement

with MeetingMatrix® International for Room Diagramming Software Unique to the
Meeting Industry
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September 24, 2009

28 Ordinance No. ORD-2009-9111 -- Final Reading - Approving a Negotiated

Resolution Between the Atmos Cities Steering Committee and Atmos Energy

Corp., Mid-Tex Division Regarding the Company’s Rate Review Mechanism
Filing in All Cities Exercising Original Jurisdiction

29 Ordinance No. ORD-2009-9120 -- Amending Chapter 22 Entitled “Noise” of the

Code of Civil and Criminal Ordinances of the City of Irving to Provide Specific
Definitions and Enforcement of Noise Violations

30 Ordinance No. ORD-2009-9121 -- Repealing Housing and Human Services

Board Appointment and Supervision of the Executive Director Under Section 63-
3 of Chapter 63 of The Code of Civil and Criminal Ordinances of the City of
Irving, Texas
against this item.
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September 24, 2009
The following registered to speak in opposition of this item.
Cynthia Faust, 400 Colony Ct.
Jearlene Miller, 2801 N. Britain Road
Phil Smith, 1802 Purtain Drive
The following registered in opposition of this item, but did not wish to speak.
Clarence Banks, 4400 Westminster Drive
Linda Banks, 4400 Westminster Drive
Mayor Gears stated that he appreciates the work the board has done and
assures the board that the Council values the Executive Director’s role and her

role will remain the same.
Councilman Philipp affirmed the commitment to the mission of the board and
stated that the board’s duties will remain the same with the exception of the
Executive Director. This will increase the effectiveness of the program.
Councilman Smith also stated that this action will bring this program in line with
the strategic goals.
Councilwoman Cannaday also spoke in favor of this item.
AYES: Gears, Meagher, Patrick, Smith, Philipp, Cannaday
NAYS: Beth Van Duyne, Thomas Spink
31 Ordinance No. ORD-2009-9122 -- Amending the City of Irving General

Obligation Bonds, Series 2007 to Reallocate $2,255,000 Fire Facilities Bond
Proceeds to Library Facilities Purposes
opposition.
Councilwoman Van Duyne asked for a presentation on this item
Budget Administrator Bret Starr stated that Items #31 and #32 are companion
items as they both deal with the reallocation of bond funds from different
issuances. He then explained the process.
Councilwoman Van Duyne also asked when the library bonds were approved.
Mr. Starr stated that the library bonds were approved in 2006.
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September 24, 2009
AYES: Gears, Van Duyne, Meagher, Smith, Philipp, Cannaday, Spink
NAYS: Lewis Patrick
32 Ordinance No. ORD-2009-9123 -- Amending the City of Irving General

Obligation Bonds, Series 2008 to Reallocate $1,580,000 Fire Factilities Bond
Proceeds to Library Facilities Purposes
Councilman Patrick stated that he is in favor of building Firehouse #4 at the
original location on MacArthur Boulevard.
AYES: Gears, Van Duyne, Meagher, Smith, Philipp, Cannaday, Spink
NAYS: Lewis Patrick
33 Ordinance No. ORD-2009-9124 -- Budget Adjustment to the 2008-09 Fiscal

Year Budget

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September 24, 2009
APPOINTMENTS AND REPORTS
34 Resolution No. RES-2009-422 -- Appointments to the Dallas County Utility and

Reclamation District to Fill Two Four-Year Terms Expiring October 2013
opposition.
Councilman Smith moved that the following appointments be made to the

Dallas County Utility and Reclamation District - Robert Power and Charles
Cotten to four year terms expiring October 1, 2013. Seconded by

Councilman Patrick, the motion was approved by a vote of 8-0.

35 Mayor’s Report
Mayor Gears stated that a video would be shown for the Mayor’s report.
36 Adjournment
The meeting adjourned at 8:45 p.m.
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September 24, 2009
`Citizens’ Forum
George Stephenson, 2105 Druid Drive, addressed the Mayor and Council regarding
grass and trash deliberately blown into our streets. He asked that notices be sent to
residents who do this.
Jesse Caviness, 1906 Dennis Street, asked that a school crossing guard be assigned to
Hillcrest Street at Anderson. He stated that his daughter attends Brandenburg
Elementary school; and until this year there has always been a cross guard at this
intersection.

Herbert Gears, Mayor
ATTEST:
City Secretary
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2925

Recommending Department: Police LSR No:
Resolution -- Approving and Adopting the Tarrant County 9-1-1 District

2. Impact: Approval of this annual budget by member cities will allow the Tarrant
County 9-1-1 District to increase Wireless 9-1-1 reliability through continued
wireless accuracy testing, testing of new wireless devices and services, and
expansion of Wireless one-on-one training in PSAP’s.
3. The Tarrant County 9-1-1 District is requesting its members to approve and adopt
the district’s annual operating budget for 2009-10. District boundaries include all of
Tarrant County, all areas outside Tarrant County included in the corporate limits of
a member city, plus DFW International Airport and the City of Irving.
4. The Tarrant County 9-1-1 District Board of Managers approved the 2009-10 annual
operating budget at their board meeting on July 20, 2009.
Recommendation
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
RES TC911 2010 budget (PDF)
CURRENT YEAR FINANCIAL IMPACT:

None
REVISION INFORMATION:
Prepared: 9/10/2009 02:05 PM by Darlene Jenkins
Last Updated: 9/30/2009 08:04 AM by Belinda Rowlett
Packet Pg. 45
4
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 2925)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves and adopts the attached Tarrant County
9-1-1 District 2009-2010 Annual Budget.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 46
4.a
Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

Approved by the Board of Managers
July 20, 2009
Prepared by:
Greg Petrey, Executive Director
Tarrant County 9-1-1 District

2600 Airport Freeway • Fort Worth, Texas 76111
817-334-0911 • www.tc911.org
Packet Pg. 47
4.a
TARRANT COUNTY 9-1-1 DISTRICT

2009-2010 BUDGET
Executive Summary
The 2009-2010 Budget has been crafted to support the District’s forward movement in a number of
critical areas.
• Continued emphasis on increasing Wireless 9-1-1 reliability through continued wireless

accuracy testing, testing of new wireless devices and services and expansion of
Wireless one-on-one training in PSAPs
• Continued efforts to assist in reducing the personnel costs of member PSAPs through
assistance in recruitment, prehiring testing, training and retention programs for 9-1-1
call takers.
• A focus on Contingency and Continuation of Operations through proof of concept on our

Regional Relocation Site strategy and an expanded program for onsite power support to
enhance the ability of PSAPs to remain in their primary facility and sustain normal
operations during limited commercial power failure incidents
• Planned progress on Next Generation 9-1-1 through continued interaction with our user
base, proof of concept projects, development of an IP enabled network, and upgrades
to Customer Premises Equipment that support migration to NG911
9-1-1 District Background
The establishment of the Tarrant County 9-1-1 District was authorized by the State Legislature and
ratified by voters in 1985 for the purpose of implementing and maintaining an Enhanced 9-1-1
emergency call network for residents of the District. Service was established in August 1987.
District boundaries include all of Tarrant County, all areas outside Tarrant County included in the
corporate limits of a member city, plus DFW Airport and the City of Irving.
District Management
As defined in the legislation, the District is governed by a Board of Managers, who appoints an
Executive Director. Current board members and their appointing authority include:
Member Appointed By
Jim Austin (Chair) Fort Worth
Sam Greif Fort Worth
Robin Paulsgrove (Vice-Chair) Arlington
Rick Brunson (Secretary) Tarrant County
Harry Jeffries Mayors’ Council
Larry Boyd Irving
Dick Fregoe (Treasurer) Grand Prairie
Adam Thorne (non-voting) AT&T
Packet Pg. 48
4.a
2009-2010 Overview
An excess of revenues over expenditures in 2008-2009 will result in an increase in the equipment
replacement fund of over $2,000,000 by the end of the fiscal year September 30, 2009. The long
anticipated upgrade to our ACD sites and installation of several Next Generation Capable PSAPs
will necessitate an equipment replacement fund transfer of $8,433,358, leaving an estimated $10.3
million remaining in the equipment replacement fund at the close of the year.
The 9-1-1 service itself, being directly impacted by changing technology, has continuously
re-invented itself, from early enhanced 9-1-1 through the explosive growth of mobile wireless
phones. The Tarrant County 9-1-1 District has been able to remain on the cutting edge and has
invested heavily in meeting requirements of changing telecommunications. While 9-1-1 networks
that do not accommodate wireless callers still exist across the nation, the Tarrant County 9-1-1
District is part of the 48% of the nation currently providing its PSAP’s with location and call-back
data from wireless callers. In 2008, wireless calls accounted for more than 72% of all 9-1-1 calls
answered by our member entities.

Currently, a push is underway among the larger districts in Texas to implement “Next Generation”
9-1-1 (NG9-1-1) services, which recognizes the growing number of callers, both residential and
commercial, that have switched their phone service completely to internet-based
telecommunications services and/or converged wireless and VoIP services.
Limitations of the current network and database platforms were exposed when wireless callers
were added to the 9-1-1 network over the past 15 years. The telecommunications industry (both
wireline and wireless) is moving rapidly from circuit switched technology to Voice over Internet
Protocol (VoIP). It is widely accepted that the existing 9-1-1 technology based on circuit-switched
networks and a database of static ALI records will not be able to support emerging technologies
such as text messaging, social media and video services.
Packet Pg. 49
4.a
2008-2009 PERFORMANCE
Revenues
During the past five fiscal years, the landline revenues have declined at a rate of about 1% per
year, most likely the result of conversion by customers to wireless-only service and disconnecting
their landline phones, partially offset by the overall healthy economic growth of most areas of the
District. The 2004-2005 year, however, saw more dramatic decreases in landline revenues,
obviously the result of more substantial movement to VoIP services. In recent years this decline
appeared to be stabilizing. However, with the current economic condition, more and more families
are becoming wireless-only households; resulting in estimated five percent decreases landline
revenue over the past year.
Wireless revenues have experienced a healthy increase, and this trend is projected into the future,
even though it is slowing slightly. Whereas wireless surcharges were first adopted in 1997, since
2001 they have surpassed landline revenues and the margin between the two forms of revenue
continues to increase.

LANDLINE AND WIRELESS REVENUES
September 30, 2006 to September 30, 2008

Revenues
900,000
850,000
800,000
750,000
700,000
650,000
600,000
550,000
500,000
450,000
400,000
350,000
300,000
250,000
200,000
150,000
100,000
50,000
0
06
06
06
07
07
07
6
8
7
8
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
/0
0/
0/
0/
0/
0/
0/
30
30
30
28
30
30
30
30
30
30
30
29
30
30
30
30
30
30
30
/3
/3
/3
/3
/3
/3
1/
9/
1/
2/
3/
4/
5/
6/
7/
8/
9/
2/
3/
4/
5/
6/
7/
8/
9/
10
12
11
10
11
12
Dates Landline Wireless
Packet Pg. 50
4.a
Funding
Legislation under which the District was created authorizes the District to receive a monthly per-line
fee from each telephone customer of up to six percent of the telephone service provider's base
rate. The following monthly 9-1-1 service fees on each telephone line remain at the amount they
were initially assessed in 1985:
Residential lines: .20 per line

Business lines: .46 per line
Business trunks: .74 per trunk
Nomadic VoIP: .50 per line
In addition to the fee established by the Board of Managers, the District also receives a portion of
the statewide surcharge on wireless telephone service. The surcharge is assessed at 50 cents per
activated handset and is distributed to 9-1-1 jurisdictions based upon population.

Expenditures
The last equipment upgrade program has been completed at all centers with the exception of
Arlington and Fort Worth. The equipment upgrade projects for these two largest answering points
have been rescheduled pending resolution of technical issues involving automated call distribution
(ACD) functionality that is essential at these large call centers. This rescheduling accounts for
about $5,000,000 of the District’s equipment replacement fund.
Salary costs for 2008-2009 were lower than budgeted, due to staff vacancies and a decrease in
health insurance premiums.
Some anticipated software purchases have been deferred as a cost savings initiative.
The following are highlights of expenditures for the 2009-2010 fiscal year:
• Expenditures for “Enhancements” including growth, moves, and changes for our member
cities’ PSAP’s.
• An increased focus on uninterruptible power support for PSAPs to increase

sustainability during commercial power failures
• An expanded training program and assistance with pre-hiring testing to support call taker
retention at participating PSAPs
• Next Generation projects to include an IP enabled network and joint efforts directed at the
cooperative procurement of a regional NG9-1-1 system.
• A 3.6% merit pool is included, based upon recommendations by the District’s

compensation consultant
Packet Pg. 51
4.a
2009-2010 BUDGET SUMMARY
2008-2009 2008-2009 2009-2010

BUDGET ESTIMATED BUDGET
Revenue $11,487,000 $12,473,589 $11,726,000

Transfer from Equipment
Replacement Fund $ 1,394,362 $ 8,433,358
Total Revenue $12,881,362 $12,473,589 $20,159,358
Expenditures
Personal Services $ 1,653,521 $ 1,559,779 $ 1,724,502
Supplies/Materials $ 155,750 $ 35,007 $ 119,315
Furniture/Equipment $ 278,950 $ 58,351 $ 113,600

Services/Rentals $10,793,141 $ 8,003,729 $18,201,941
Total Expenditures $12,881,362 $ 9,656,866 $20,159,358
Transfer to Equipment
Replacement Fund $ 0 $ 2,816,723 $ 0
Personal Services
District compensation is based upon an eleven-step pay schedule developed and updated through
a compensation consultant. In addition to the compensation “bands” that were originally
developed, the consultant provides an annual recommendation for adjustment to the bands and
overall allowance for merit increases, based upon recent market data.
For the 2009-10 fiscal year, the consultant recommends an adjustment to the pay bands within the
compensation schedule of 2% and an overall allowance for merit of 3.6%.
The District selected Principal as its health benefits provider for the July 1, 2009 - June 30, 2010
timeframe. For the first time in 4 years our insurance premiums have increased. Plan benefits
have been reduced in order to limit the increase to just over 10%.
5110 Salaries $1,284,950

5120 Health Insurance $240,289
5130 Retirement Benefits $173,553
5132 Medicare $18,570
5133 Social Security $1,440
5150 Worker's Comp $5,700
Total Personal Services $1,724,502
Packet Pg. 52
4.a
Supplies and Materials
Expenditures in this budget category provide for purchase of expendable office supplies, postage,
software, and reference materials.
5210 Office Supplies (Other Supplies) $44,540

5220 Printing $2,200
5230 Postage $3,300
5240 Maps and Materials - Data $14,150
5250 Software $55,125
Total Supplies and Materials $119,315
Furniture and Equipment
Office equipment funding includes replacement equipment, such as PC’s, a server, firewall, printer,
scanner, blackberry’s and COOP plan hardware. The replacement of many computer related items

were delayed until we moved into our new headquarters.
5310 Office Furniture $8,700

5311 PSAP Furniture $11,000
5320 Office Equipment $68,900
5321 PSAP Equipment $25,000
Total Furniture and Equipment $113,600
Services and Rentals
Through our membership in the Texas 9-1-1 Alliance, the District utilizes the services of Mike
Tomsu of Vinson and Elkins, Austin, TX, for legal services including negotiation with service
providers, both wireless and landline, and for review and preparation of collaborative contracts.
The Districts who are members of the Texas 9-1-1 Alliance also share the cost of Richard Muscat
for regulatory representation in Austin. Locally, the firm of Taylor, Olson, Adkins, Sralla, and Elam
provides advisory services to the director and the board.
“Other services” includes all consultant agreements and services. Language Line, which the
District subscribes to on behalf of all member PSAP entities, allows call-takers to quickly
conference non-English-speaking callers to an appropriate language interpreter at no cost to our
member cities.
The District has also agreed to participate in a program with the Tarrant Appraisal District to
participate in a product called Pictometry, which enhances the capabilities of aerial photography to
provide a better, more useful product for public safety. The District’s portion of the costs for
2009-2010 will be $150,000, and it is included in “Other Services.”
The District also purchases data files and comparisons from the telephone company under the
“Other Services” category, as well as consulting services ranging from legislative advisory services
to computer network services.
Packet Pg. 53
4.a
Expenditures under Utilities, 9-1-1 Service, include monthly recurring charges for existing customer
premises equipment, data base services, network services, and other services. Expenditures
under 9-1-1 Enhancements provides for additional upgrades and installations to be funded during
the 2009-2010 year, and Wireless Costs provides funding for monthly recurring charges for
wireless 9-1-1 service from three wireless service providers.
5411 Legal 35,000

5412 Professional Audit 9,500
5414 Equipment Maintenance 17,020
5415 Contract & Other Services 1,906,221
5416 Professional Development/Training 83,100
5418 Building Improvements – Repairs 112,000
5419 Building Utilities 82,650
Total Contractual Services $2,245,491

5422 Equipment Lease $3,562
5423 Back-Up Site Lease $8,000
5424 Back-Up Site Fuel $1,500
5425 Back-Up Site Maintenance $1,000
Total Lease Payments $14,062
5431 Auto Allowance $45,600

5432 Travel/Restaurant $100,100
Total Travel and Auto $145,700
5441 Professional Memberships $9,267

5442 Subscriptions $14,209
Total Memberships and Subscriptions $23,476
5451 Office Telephone $10,500

5452 9-1-1 Telephone Service $5,743,596
5453 9-1-1 Enhancements $8,773,000
5454 PS 9-1-1 Service $24,000
5456 Wireless 9-1-1 Service $891,796
Total Utilities $15,442,892
5460 Insurance $18,210

Total Insurance $18,210
5472 Pub. Ed. Products/Services $91,260

5473 Pub. Ed. Printing $79,100
5474 Pub. Ed. Activities $141,750
Total Advertising $312,110
Total Expenses $20,159,358
Equipment Replacement Fund Gain (Loss) $0
Packet Pg. 54
4.a
2009-2014 FUND BALANCE PROJECTION
District fund balances are divided into two “funds.” The first is a “Contingency Reserve Fund,”
which allows for meeting unanticipated needs and is set at $500,000.
The second reserve category is “Reserve for Enhancements,” which provides for investment in the
next generation of system improvements. While the actual cost of the next generation is unknown
at this time, it is essential to the future of 9-1-1 service in the District to prepare for the non-
recurring costs that are likely to begin within the next three to four years. The District is taking
appropriate steps to ensure adequate funding is available.
Fund Balance, September 30, 2008 $16,669,182

Projected surplus (deficit), 2008-2009 $2,642,000
Projected Fund Balance, September 30, 2009 $19,311,182
Operating Reserve ($500,000)

Available Equipment Replacement Fund $18,811,182
Anticipated Replacement Fund Needs

2009-2010 (Next generation upgrade, Phase 2) ($8,433,358)
2012-2013 (Begin rebuilding equipment fund) $362,998
Projected Replacement Fund Balance (YE2013) ($2,664,443)
Packet Pg. 55
4.a
DISTRICT GOALS and OBJECTIVES
MAINTAIN Tarrant County 9-1-1 District high profile in state and national arenas in order to
provide a voice to member entities in matters affecting 9-1-1 call delivery.
1. Continue to provide comment on all PUC and FCC proceedings affecting this District and its
constituents. File comments on the NPRM at the FCC to assure that regulatory decisions
regarding competition in the 9-1-1 service provider role serve the best interests of the
District and our constituencies.
2. Continue leadership roles in industry associations and committees.

• Wanda McCarley, Past-President – APCO International
• Richard Atkins, NENA Standards and NG9-1-1 Committees
• Bill Horne, NENA Standards, ESIF and NG9-1-1 Committees
• Kevin Kleck, NENA Standards and NG9-1-1 Committees
• Greg Petrey, Secretary and Webmaster – Texas 9-1-1 Alliance

• Yui Skulpoonkitti, North Texas GIS Coordinating Council, Tarrant County College
GIS Advisory Board, NENA Operational Information (OID) Committee on
Synchronizing GIS with MSAG and ALI data and Texas 9-1-1 GIS Working Group
• Alisa Simmons, NENA Public Education Committee
3. Continue to provide expert testimony to State and Federal Legislative bodies, as needed.
MAINTAIN robust call-delivery network for entire district in order to minimize and/or
eliminate down time due to service interruptions.
1. Evaluate future CPE needs and upgrades at all sites.
2. Test contingency plan at least annually.
3. Implement, test and evaluate additional backup and contingency alternatives including
additional UPS support for PSAPs.
4. Test all existing back-up sites at least annually.
5. Continue evaluation and preparation for next generation system by continuing Technical
Operations Advisory Committee meetings each quarter and the NG9-1-1 Working Group
meetings every 6 months.
MAINTAIN strong outreach programs to educate public, public officials, and PSAP
personnel on 9-1-1 related issues.
1. Maintain and expand District website with public information as well as secure sites for
PSAPs and Providers.
2. Publish District Newsletter at least quarterly.
3. Publish an Annual Report of District activities and accomplishments.
4. Evaluate and implement an expanded training program utilizing internal, external and
contract trainers.
Packet Pg. 56
4.a
5. Expand the use of on-line training and training video/CD.
6. Maintain media interest in public recognition of Telecommunicators and civilian “heroes” to

provide total coverage of all events.
7. Continue the “Road Show” wireless training program to assure all call-takers are provided
hands-on training for wireless location accuracy.
8. Introduction of the new wireless mascot - Cell Phone Sally
MAXIMIZE the quality of the 9-1-1 database.
1. Continue to monitor database on a daily basis and report findings monthly.
2. Maintain on-going emphasis in reducing Record Not Found database returns.

3. Continue efforts to “clean” the database of unnecessary records and duplicates.
4. Implement VDB/ERDB to enhance the routing and location accuracy on 9-1-1 calls from
users of Internet phone services (VoIP).
IMPROVE the quality of location data from wireless phone providers for callers utilizing
wireless devices to summon emergency assistance through 9-1-1.
1. Continue Phase II wireless testing.

• Document test results.
• Provide individual report to each wireless carrier.
• Publish report on this testing (print and website).
2. Continually “retest” to validate data and report findings.
IMPROVE the quality of ALI data from VoIP phones and Wireless/VoIP converged services.
1. Continue VoIP and converged service testing.

• Document.
• Publish report on this testing (print and website).
• Provide better training material for call takers.
2. Continually “retest” to validate data and report findings.
Packet Pg. 57
4.a
Tarrant County 9-1-1 District

Statement of Net Assets and
Governmental Fund Balance Sheet
September 30, 2008
Statement
General Adjustments of Activities
ASSETS
Cash and investments $ 15,259,829 $ - $ 15,259,829
Service Fees receivable $ 1,026,833 $ - $ 1,026,833
Prepaid Expenses $ 519,655 $ - $ 519,655
Net pension asset $ - $ 173,535 $ 173,535
Depreciable capital assets, net $ - $ 1,976,122 $ 1,976,122

Total assets $ 16,806,327 $ 2,149,657 $ 18,955,984
LIABILITIES
Accounts payable $ 20,416 $ - $ 20,416
Long-term liabilities:
Due within one year $ - $ 58,053 $ 58,053
Due in more than one year $ - $ 232,211 $ 232,211
Total liabilities $ 20,416 $ 290,264 $ 310,680
FUND BALANCE/NET
ASSETS
Fund Balance:
Unreserved, undesignated $ 16,785,911 $ (16,785,911) $ -
Total Fund Balance $ 16,785,911 $ (16,785,911) $ -
Total liabilities and

fund balance $ 16,806,327
Net Assets
Invested in capital assets $ 1,979,122 $ 1,979,122
Unrestricted $ 16,669,182 $ 6,669,182
Total net assets $ 18,645,304 $ 18,645,304
Packet Pg. 58
4.a
TARRANT COUNTY 9-1-1

FIVE-YEAR FUNDING PROJECTION
2009-2010 2010-2011 2011-2012 2012-2013 2013-2014
Estimated Beginning Fund Balance $18,811,182 $10,377,824 $3,655,235 -$3,027,440 -$2,664,442
REVENUES
Wireline Service Fee $3,106,000 $3,074,940 $3,044,191 $3,013,749 $2,983,611
Wireless Service Fee $8,500,000 $8,925,000 $9,371,250 $9,839,813 $10,331,803
Interest Income $120,000 $120,000 $120,000 $120,000 $120,000
Total Revenue $11,726,000 $12,119,940 $12,535,441 $12,973,561 $13,435,414
EXPENDITURES
Personal Services
Salaries $1,284,950 $1,336,348 $1,389,802 $1,445,394 $1,503,210

Health Insurance $240,289 $276,332 $317,782 $365,450 $420,267
Retirement Benefits $173,553 $180,495 $187,715 $195,224 $203,032
Medicare $18,570 $19,313 $20,085 $20,889 $21,724
Social Security $1,440 $1,498 $1,558 $1,620 $1,685
Worker's Comp $5,700 $5,928 $6,165 $6,412 $6,668
Total Personal Services $1,724,502 $1,819,914 $1,923,107 $2,034,987 $2,156,586
Supplies and Materials

Office Supplies (Other Supplies) $44,540 $45,876 $47,252 $48,670 $50,130
Printing $2,200 $2,266 $2,334 $2,404 $2,476
Postage $3,300 $3,399 $3,501 $3,606 $3,714
Maps and Materials - Data $14,150 $14,575 $15,012 $15,462 $15,926
Software $55,125 $56,779 $58,482 $60,237 $62,044
Total Supplies and Materials $119,315 $122,894 $126,581 $130,379 $134,290
Furniture & Equipment

Office Furniture $8,700 $8,961 $9,230 $9,507 $9,792
PSAP Furniture $11,000 $11,330 $11,670 $12,020 $12,381
Office Equipment $68,900 $239,952 $247,151 $254,565 $262,202
PSAP Equipment $25,000 $25,750 $26,523 $27,318 $28,138
Total Furniture and Equipment $113,600 $285,993 $294,573 $303,410 $312,512
Contractual Services
Legal $35,000 $36,050 $37,132 $38,245 $39,393
Professional Audit $9,500 $9,785 $10,079 $10,381 $10,692
Equipment Maintenance $17,020 $17,531 $18,057 $18,598 $19,156
Contract & Other Services $1,906,221 $1,963,408 $2,022,310 $2,082,979 $2,145,469
Professional Development/Training $83,100 $85,593 $88,161 $90,806 $93,530
Building Improvements -Repairs $112,000 $40,000 $41,200 $42,436 $43,709
Building Utilities $82,650 $85,130 $87,683 $90,314 $93,023
Subtotal Contractual Services $2,245,491 $2,237,496 $2,304,621 $2,373,759 $2,444,972
Lease Payments
Equipment Lease $3,562 $3,669 $3,779 $3,892 $4,009
Backup Site Lease $8,000 $8,240 $8,487 $8,742 $9,004
Backup Site Fuel $1,500 $1,545 $1,591 $1,639 $1,688
Backup Site Maintenance $1,000 $1,030 $1,061 $1,093 $1,126
Subtotal Lease Payments $14,062 $14,484 $14,918 $15,366 $15,827
Travel & Auto

Auto Allowance $45,600 $51,000 $51,000 $51,000 $51,000
Travel/Restaurant $100,100 $103,103 $106,196 $109,382 $112,663
Subtotal Travel and Auto $145,700 $154,103 $157,196 $160,382 $163,663
Packet Pg. 59
4.a
Memberships & Subscriptions

Professional Memberships $9,267 $9,545 $9,831 $10,126 $10,430
Subscriptions $14,209 $14,635 $15,074 $15,527 $15,992
Subtotal Memberships and Subscriptions $23,476 $24,180 $24,906 $25,653 $26,422
Utilities
Office Telephone $10,500 $10,815 $11,139 $11,474 $11,818
9-1-1 Telephone Service $5,743,596 $5,915,904 $6,093,381 $6,276,182 $6,464,468
9-1-1 Enhancements $8,773,000 $7,000,000 $7,000,000 $0 $0
PS 9-1-1 Service $24,000 $24,720 $25,462 $26,225 $27,012
Wireless 9-1-1 Service $891,796 $891,796 $891,796 $891,796 $891,796
Subtotal Utilities $15,442,892 $13,843,235 $14,021,778 $7,205,678 $7,395,094
Insurance
Property and Liability Insurance $18,210 $18,756 $19,319 $19,899 $20,496
Subtotal Insurance $18,210 $18,756 $19,319 $19,899 $20,496
Advertising

Pub. Ed. Products/Services $91,260 $93,998 $96,818 $99,722 $102,714
Pub. Ed. Printing $79,100 $81,473 $83,917 $86,435 $89,028
Pub. Ed. Activities $141,750 $146,003 $150,383 $154,894 $159,541
Subtotal Advertising $312,110 $321,473 $331,117 $341,051 $351,283
Total Services and Rentals $18,201,941 $16,613,727 $16,873,855 $10,141,787 $10,417,757
Total Expenses $20,159,358 $18,842,529 $19,218,116 $12,610,563 $13,021,145
Reserve Gain (Loss) ($8,433,358) ($6,722,589) ($6,682,676) $362,998 $414,269
Ending Fund Balance $10,377,824 $3,655,235 ($3,027,440) ($2,664,442) ($2,250,173)
Packet Pg. 60
5
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2939

Recommending Department: Police LSR No: 10092
Resolution -- Approving a Contract Between the City of Irving and the

Texas Workforce Commission for Access to the TWC Web-Based
Information Site
2. Impact: Approval of this contract will allow police investigators to locate individuals
who cannot be found via another source.
3. The contract period begins on June 1, 2009, and expires on May 31, 2012.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
Previous Action: N/A Council Action: Approval 8/25/05
ATTACHMENTS:
RES TWC (PDF)

1001-0461-56401-200 Budget: $4,575.00 Actual: $4,575.00
Budget Adjustment/Transfer Required: No
Prepared: 9/16/2009 01:37 PM by Darlene Jenkins
Last Updated: 10/2/2009 11:05 AM by Jennifer Dwyer
Packet Pg. 61
5
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and the Texas Workforce Commission for access to the TWC web-based
information site in the amount of $4,575.00, and the Mayor is authorized to execute
said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 1001-0461-56401-200.
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
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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5.a
TEXAS WORKFORCE COMMISSION

OPEN RECORDS CONTRACT
Attachment: RES TWC (2939 : 04 TWC Agreement)
OpenRecordsContract TWC ContractNumber: 2909PER165

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OPEN RECPRDS CONTRACT 5.a
TABLE OF CONTENTS
GeneralTermsand Conditions
Section 1 Purposeand Legal Authority
Section2 AdministrativeReauirements
Section3 Amendmentsand Tennination
Section4 Breachof Agreement
Section5 Protectinethe ConfidentialitYof Records
Attachment
- A ~~LWork -ProjectObligations
AttachmentAl TWC User Infonnation SecurityAu:reement
I
AttachmentA2 I RateSchedulefor Online Access
AttachmentA3 ! Protection of Confide ntiali tv - 20 CFR 603.9

AttachmentA4 I TWC Data SecurityPolicy

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TEXAS WORKFORCECOMMISSION
OPENRECORDSCONTRACT
SECTION 1 - Purpose and Legal Authority
1. This contractsetsforth the responsibilitiesand obligationsof the TexasWorkforce Commission

(hereinafterreferredto asAgency) andthe Party or Partiesidentified on the cover page
(hereinafterreferredto as Recipient)pursuantto Section301.061and 302.002(c)of the Texas
Labor Codewith respectto Agency'sprovision of proprietaryinfornlation to the identified
party(ies). The specific responsibilitiesand obligationsof the partiesare setforth in Attachment
A.
.2 Subjectto certainlimitations, the lnterlocal CooperationAct (TexasGovernmentCode,Chapter

791) authorizesRecipientto enterinto contractsfor serviceswith governmentalentities,
including stateagencies.

SEcnON 2 - Administrative Requirements
2. This contractshall be construed,interpretedand appliedin accordancewith the laws of Texas,

excluding its choiceof law rules.
2.2 If any law of the United Statesor of the Stateof Texascontravenesor invalidatesany provision
of this contract,this contractshall be construedto void that specificprovision without affecting
the remainingprovisionsof this contractor the rights and obligationsof the parties.
2.3 Recipientagreesto notify Agency in writing within ten (10) daysin the eventof any significant
changeaffecting RecipientandRecipient'sidentity, suchas ownershipor control, namechange,
governingboardmembership,or vendoridentification number.
2.4 This contractis the entire agreementbetweenthe parties.
2.5 Failure to enforceany provision of the contractdoesnot constitutea waiver of that provision, or
any other provision, of the contract.
SECTION 3 - Amendments and Termination
3.1 Agency may unilaterally reviseratesfor servicesprovidedupon written notice to Recipientof at

least30 calendardays.
3.2 Any changes,deletions,extensions,or amendments to this contractshall be in writing and signed

by both parties,exceptfor revisionsto paymentratesas describedin Section3.1.
3.3 Either party may suspendor tenninatethis contractat any time, on written notice to the other
party. However,suchterminationshall not relieve Recipientof the obligation to pay for all
servicesrenderedprior to suchtermination,at the ratesprovidedherein.

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3.4 In the eventof an emergency,Agency may suspendon-line computerserviceswithout advance

notice. Serviceswill resumeat the earliestpracticaltime.
3.5 The contractmay be immediatelysuspendedwithout notice if Agency suspectsa violation of the

securityprovisionscontainedin Section3 of the Statementof Work. Serviceswill remain
suspendeduntil Agency hasfully investigatedany suspectedsecurityviolations and is satisfied
that resumptionof servicewill not result in securitybreaches.In the eventof an extended
suspensionof service,Agency will notify Recipientas soonaspossible.
3.6 Tennination of this contractwill not endthe responsibilityof Recipientto protectthe

confidentiality of any dataobtainedfrom Agencypursuantto this contractand remainingin
Recipient's custodyor control.
SECTION 4 - Breach of Agreement
If Recipientor any official, employeeor agentof Recipientfails to comply with any provision of this

agreement,including timely paymentof Agency's costsbilled to Recipient,this agreementshall be
suspendedand further disclosureof information (including any disclosurebeingprocessed)to Recipient
shall be prohibited until Agency is satisfiedthat correctiveaction hasbeentakento assurethat there will
be no future breach. In the absenceof prompt and satisfactorycorrectiveaction, this agreementshall be
cancelledand Recipientshall surrenderto Agency all informationand copiesthereof obtainedunderthe
agreementwhich hasnot previously beenreturnedto Agency,and any other information relevantto the
agreementobtainedunderthis agreement.Cancellationof this agreementshall not limit Agency from
pursuingpenaltiesprovided under statelaw for the unauthorizeddisclosureof confidential information.
Agency shall undertakeany other action underthe agreement,or underany law of the Stateor of the
United States,to enforcethis agreementand securesatisfactorycorrectiveaction or surrenderof the
information, and shall take other remedialactionspermittedunderstateor federallaw to effect
adherenceto the requirementsof this agreementand20 CFR Part 603 including seekingdamages,
penalties,and restitution aspermittedundersuchlaw for all costsincurredby Agency in pursuingthe
breachof this agreementand enforcementof the termsof this agreement.
SECTION 5 - Protecting the Confidentiality of Records
5.1 As usedin this agreement,"information" shall meanany recordsobtainedby Recipientfrom

Agency including recordsprovidedorally, electronicallyor aspaperrecords. Information shall
also include recordsobtainedby Recipientthroughon-line accessto Agency electronicfiles as
well as any datacompilationsprovidedby Agency. Information obtainedfrom Agency shall be
subjectto the provisionsof this agreementevenif it is convertedby Recipientinto another
format or mediumor incorporatedin any mannerinto Recipientrecords,files or data
compilations.
5.2 Recipientshall limit accessto information obtainedfrom Agency underthis agreementto those
officers and employeesof Recipientwith a needto accessthe information to achievethe purpose
listed in AttachmentA, Section1. Recipientshall not transferthe authority or ability to access
or maintaindataunderthis agreementto any otherpersonor entity.

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Recipient shall comply with the requirementsof20 CFR §603.9,incorporatedherein by

reference,regardingsafeguardingthe information obtainedfrom Agency. A copy of 20 CFR
§603.9is attachedasAttachmentA3.
Recipientshall permit Agency to haveaccessto all siteswhich containAgency information

including information maintainedelectronicallyand shall permit Agency to have accessto all
workplacesusedby individuals who haveaccessto Agency information for Agency on-site
inspectionsto assurethat the requirementsof stateand federallaw as well asthis agreementare
being met by Recipient. Recipientshall fully cooperatewith anyon-site inspectionsor
monitoring activities of Agency.
5.5 Recipientshall safeguardthe information disclosedagainstunauthorizedaccessor redisclosure.
5.6 Recipient shall useAgency information only for purposesauthorizedby law and consistentwith
this agreement.
Recipient shall storeAgency infonnation in a placephysically securefrom accessby

unauthorizedpersons.
Recipient shall storeandprocessAgency informationmaintainedin electronicformat, suchas

magnetictapesor discs,in sucha way that unauthorizedpersonscannotobtain the information
by any means.
5.9 Recipientshall adoptand comply with precautionsto ensurethat only authorizedpersonnelare

given accessto Agency information storedin computersystems.
Recipientshall instruct all personnelhaving accessto Agency infonnation aboutall

confidentiality requirementsincluding the requirementsof 20 CFR Part 603 including the
sanctionsspecifiedin this agreementand in the statelaw for unauthorizeddisclosureof
infonnation.
Recipientacknowledgesthat all personnelwho will haveaccessto Agency information have

beeninstructedin accordancewith the termsof this agreement.Recipientshall report any
breachof this agreementincluding any breachof the securityprovisionsto Agency fully and
promptly.
Recipientshall disposeof information disclosedby or obtainedfrom Agency, and any copies

madeby Recipientafter the purposesetout in AttachmentA, Section1 is achieved,exceptfor
disclosedinformation possessed by any court. Disposalmeansreturn of the information to
Agency or destructionof the information,asdirectedby Agency. Disposalincludesdeletion of
personalidentifiers in lieu of destruction. In any case,Recipientshall disposeof the information
disclosedwithin 30 daysafter the dateof terminationor expirationof this agreement.
Recipientshall createandmaintaina systemsufficient to allow an audit of compliancewith the

requirementsof this agreement.
Recipientshall notify Agency immediatelyif a securityviolation of this agreementis detected,

or if Recipientsuspectsthat the securityor integrity of Agency'sdatahasbeenor may be
compromisedin any way.
OpenRecordsContract TWCContract Nwnber:2909PER165
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TexasLabor Code Sec.301.085providesthat unemploymentcompensationinformation is not

public infonnation for purposesof Chapter552 of the TexasGovernmentCode. Recipient shall
not releaseany information obtainedfrom Agency underthis agreementin responseto a request
madeunderChapter552 of the GovernmentCodeor to a requestmadeunderany other law,
regulation,or ordinanceaddressingpublic accessto governmentrecords. Recipient shall infOrnl
Agency within twenty-four (24) hoursof receiptby Recipientof serviceof a subpoenaor
citation in any action seekingaccessto information obtainedfrom Agency.
5.16 Recipientshall notify Agency within 24 hoursof the receiptof any subpoena,otherjudicial
requestor requestfor appearancefor testimonyupon any matterconcerninginformation
disclosedunderthis agreement.
~ 1""~ :f"J.I~~.t A II aOI&.I I..~ f~ t ~L.k (,)f +iot,~ 4" ,~~~ I
5.17 \.Reclplent,Its employees,agenfs,~ontractor~.anasu~ontractorsagreeto mdemmfy-andnold
harmlessAgency,the Stateof Texas,andtheir employeesand officials for any loss,damages,
judgments,and costsof liability arising from any actsor omissionsor allegedactsor omissions
of Recipientor its employees,agents,contractors,and subcontractors,including the
inappropriatereleaseor use,by Recipient,of the information provided by Agency.
Open Records Contract TWC ContractNumber: 2909PER165

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OPEN RECORDSCONTRACT 5.a
Attachment A
CONTRACT #2909PER165
INFORMATION RELEASEAGREEMENTBETWEENTEXAS WORKFORCECOMMISSION

AND THE IRVING POLICE DEPARTMENT
STATEMENTOF WORK - PROJECTOBLIGAllONS
SECTION 1 - Project Abstract
The purposeof this agreementis to provide Recipientwith direct online accessto Agency's mainframe
computerfiles for WageRecords. Subjectto the securityand confidentiality provisionsof this contract,
Recipientshall useinformation obtainedfrom Agency solely to obtain locationsof employmentof
individuals suspectedof engagingin criminal activities. Any other useof the information by Recipient shall
be a breachof this contract.

SEcnON 2 - Obligations of Agency
2.1 Agency authorizeson-line, "read-only"accessto the following, specifiedAgency mainframe

computerscreens:
WageRecordFile (BN75 screen).
2.2 On-line accessto Agency's data will routinely be available to Recipient Users on Mondays through
Fridays, between the hours of 8:00 a.m. through 5:00 p.m. Central Time Zone, excluding State
holidays. Access to Agency's data may not be available at other times, due to the computer
maintenance needs of Agency.
2.3 Agency reservesthe right to conductmonitoring,evaluationand audit of Recipient's accessto

Agency'sdata,asprovidedunderthis agreement.
Agency recordsinclude information providedto Agency by third partiesincluding employersand

employees.Agency doesnot warrantor guaranteethe accuracyof this information.
SEcnON 3 - Obligations of Recipient
3.1 Recipientshall not releaseor otherwisemakeaccessibleto any other party, the dataobtained
hereunderexceptas specifically requiredin orderto dischargethe official dutiesdescribedherein.
Recipient shall not releaseany datawithout the written consentof Agency. Recipientshall maintain
sufficient safeguardsover all dataobtainedfrom Agencyto preventunauthorizedaccessto or
redisclosureof any information providedhereunder.
Securitymeasuresutilized by Recipientfor the protectionof Agency'sconfidential datawill conform,

at a minimum, to the federalregulationscontainedin 20 CFR 603, and to the Agency Data Security
Policy, which is attachedto this agreementasAttachment A4.

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OPEN RECORDS CONTRACT 5.a
3.3 All RecipientUsersgrantedaccessunderthis agreementto Agency datamust executeAgency's User

Infonnation SecurityAgreementand completeTWC IT Security Awarenesstraining prior to being
assigneda SecurityPasswordfor on-line accessto Agency data. A copy of an executedUser
Information SecurityAgreementwith certification of completionofTWC IT Security Awareness
training must be receivedby Agency contactpersonlisted in this contractbeforea SecurityPassword
will be issued. EachUser Information SecurityAgreementsubmittedmust be cosignedby the
supervisorof the RecipientUser. ExecutedRecipientUser Agreementsmust be submittedby
Recipientcontactpersonlisted in this contract. A copy of the UserInfonnation SecurityAgreement
is attachedas Attachment AI.
Recipient must maintain on file a signed copy of the User Information Security Agreement with
certification of completion ofTWC IT Security Awareness training for each Recipient User. The
Security Password for an individual Recipient User shall be immediately revoked upon termination
of that individual or upon reassignment of a Recipient User into a position not authorized to access
Agency's data. Recipient shall notify Agency within five (5) days of the resignation or termination of
a Recipient User. Failure to revoke accessof a Recipient User who has been terminated or

reassigned and infonn Agency of any termination or reassignment of a Recipient User shall be a
breach of this agreement and may result in immediate termination of the contract as well as other
penalties provided by law and this agreement. All security codes, user names and passwords issued
under this agreement shall be cancelled upon the expiration of the agreement. One year after the
effective date of this contract and each year on the anniversary date of the effective date of this
contract for the term of this contract, accessby all Recipient Users shall be cancelled unless within
30 days of that date Recipient submits new User Agreements executed no more than 30 days prior to
the date submitted. Agency will grant accessto a maximum of20 Recipient Users.
Recipient Users are not authorized to change or update any information contained in Agency's
computer stored files.
Recipient Users are authorized to accessAgency's computer data for the official purposes listed in
Section 1 only and may not divulge information obtained under this agreement to any other
individual or entity, except as strictly required to accomplish the official purposes listed in Section 1.
3.7 Recipient agrees to adopt and implement security guidelines and to ensure that only authorized
Recipient Users will have accessto view Agency's confidential data and that any screen dump or
other extraction of Agency data will be protected from unauthorized use or redisclosure.
3.8 Recipientwill be solely responsiblefor disseminatingany information provided by Agency to the

remainderof RecipientUsers.
Recipientagreesto notify Agency immediatelyif a securityviolation of this agreementis detected,or

if Recipient suspectsthat the securityor integrity of Agency'sdatahasbeenor may be compromised
in any way.
TexasLabor Code Sec.301.085providesthat unemploymentcompensationinformation is not public

information for purposesof Chapter552 of the TexasGovernmentCode. Recipientshall not release
any information obtainedfrom Agency underthis agreementin responseto a requestmadeunder
Chapter552 of the GovernmentCodeor to a requestmadeunderany other law, regulation,or
ordinanceaddressingpublic accessto governmentrecords.

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Recipient agrees to pay Agency for online accessbased on the rate schedule attached to this
agreement as Attachment A2. For the purposes of this agreement, a "transaction" consists of a
single command sent by Recipient on its electronic computer system and received by Agency on its
electronic computer equipment. Charges will be based on the volume of monthly transactions, as
determined by Agency, and will be billed quarterly.
Recipient will pay each invoice on or before the 30th calendar day following the date of receipt of the
bill from Agency.
Recipient will treat Wage Records obtained from Agency as confidential as required under Texas
Labor Code Section 301.081 and the Social Security Act of 1934.
Recipient shall establish and maintain security safeguardsand procedures to guarantee the
confidentiality of all data obtained from Agency. Such safeguardsshall, at a minimum, comply with
the requirements found at 20 CFR 603.9, a copy of which is attached as Attachment A3.

Recipient's procedures to safeguard data provided shall be subject to audit by Agency.
3.16 Recipientshall be responsibleto provide andmaintainits own computerhardwareand softwareto

accomplishthe necessarycomputercommunicationslinkageswith Agency's mainframedatabase.
Recipientagreesto acceptliability for any damageto Agency's hardware,software,or datawhen

suchdamageis directly causedby the actionsof employeesof Recipient,whetherauthorizedor
unauthorizeduserspursuantto this contract.
In addition to all other chargesand costslisted in this agreement,Recipientshall pay a seventy-five

dollar ($75.00)contractinitiation charge. Paymentof the contractinitiation chargeis due within 30
calendardaysfrom the dateof receiptof the first invoice sentby Agency to Recipient.
SECTION 4 - Contact Persons
In all communicationswith Agency, Recipientshall include a referenceto the TWC contractnumber. The
partiesdesignatethe following primary liaisonsfor implementationof this agreement:
AGENCY RECIPIENT
Margo Kaiser William Owings
Attorney, OpenRecords Intelligence/Gang Sergeant
TexasWorkforce Commission Irving Police Department
101E. 15thStreet,Room 266 305 N. O'Connor Road
Austin, TX 78778 Irving, TX 75061
margo.kaiser@twc.state.tx.us wo wings@citvo[Irving.org
Recipient may request a change in Recipient contact person by submitting to Agency a written request
signed by the same individual with signature authority who signed on behalf of Recipient on page one of this
contract. All changes in Recipient contact person must be approved in writing by Agency.

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SECTION 5 - Effect on Other Data Sharing AgreementsBetweenthe Parties

The partiesagreethat this contractsupersedes
and replacesall other data-sharingagreementsbetweenthe
partiesincluding ContractNumber 2906PERll O.

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Attachment Al
2909PERI65
TEXAS WORKFORCECOMMISSION
USERINFORMATION SECURITYAGREEMENT
I,
(Print Name) (Social SecurityNumber)
acknowledgethat. as a RecipientUser, I will be assigneda personalUser Identification Code(User 10) and password
which I will use to activate computerdevicesthat accessthe Texas Workforce Commission's computer system. I
I useone belongingto someoneelse. I understand that any violation of this User Agreement including allowing
any other individual to use my User ID or confidential password is a violation of the Texas Penal Code and will
result in the immediate termination of the contract between the Irving Police Department and the Texas
Workforce Commission. I will not enter any unauthorizeddata,make any unauthorizedchangesto data,or disclose
any information without prior authorization.

I understand that under Texas Labor Code §301.085all information I obtain from the Texas Workforce
Commission under this user agreement is confidential and that a person commits an offense if the person
solicits, discloses,receives,or uses,or authorizes, permits, participates in, or acquiescesin another person's use
of, unemployment compensation information that reveals: (1) identifying information regarding any individual
or past or present employer or employing unit; or (2) information that foreseeably could be combined with
other publicly available information to reveal identifying information regarding any individual or past or
present employer or employing unit. Such an offenseis a ClassA misdemeanor.
Violating a data security systemor allowing unauthorizedaccessby anotherparty is a Class A misdemeanor
under Chapter 33 of the Texas Penal Code, which is punishableby a [me of $3,000.00,a year in jail, or both.
Intentionally causing a computer to malfunction or knowingly altering data without authorization that results in
personalor property damagemay constitutea felony of the seconddegree.
I have read and have had explainedto me the security and confidentiality requirementsof 20 CFR Part 603
and the data accessagreementwith the Texas Workforce Commission. I understandand agree to abide by these
requirements. I also understandthat if I violate any of these standardsI may be subject to disciplinary action or
prosecutionunder one or more applicablestatutes,and I may jeopardizethe agreementbetweenthe recipient and the
TexasWorkforce Commission.
Signatureof User Date
RecipIentAgency
I haveinstructedthe User listed aboveaboutall confidentiality requirementsapplicableto dataobtainedunderthe data

accessagreementwith the TexasWorkforce Commissionincluding the requirementsof20 CFR Part 603 as well asthe
sanctionsspecifiedin the dataaccessagreementand in statelaw for unauthorizeddisclosureof information.
Signatureof Supervisor Date
Approved by:
Signature of contract contact person
Distribution: Original retainedby the RecipientAgency. Copiesto the TexasWorkforce Commissionand the User.

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Attachment A2
Rate Schedulefor Online Access
The aboveratesarebasedon a per-transactionfee of$OO.Oll, an additional 14%administrativeoverhead

charge,and the dataprocessingcostsof monitoring actualvolume of transactionson a periodic basis.
Transactionlevels above2,500,000arebilled on actualnumberof transactionstimes $00.011,plus 14%
administrativeoverhead.

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Attachment A3
PROTEcnON OF CONFIDENnALITY
CHAPTER V-EMPLOYMENT AND TRAINING ADMINISTRAnON, U.S. DEPT. OF LABOR
PART 6O3--INCOMEAND ELIGIBILITY VERIFICATION SYSTEM
SUBPART A--INCOME AND ELIGIBILITY VERIFICA nON SYSTEM
20 CoFoR.§ 60309What safeguardsand security requirements apply to disclosedinformation?

(a) In general. For disclosuresof confidentialUC information under § 603.5(d)(2)(to a third party
(other than an agent)or disclosuresmadeon an ongoingbasis);§ 603.5(e)(to a public official), exceptas
provided in paragraph(d) of this section;§ 603.5(f) (to an agentor contractorof a public official); §
603.6(b)(1)through (4), (6), and (7)(i) (asrequiredby FederalUC law); and § 603.22(to a requesting
agencyfor purposesof an IEVS), a Stateor StateUC agencymust requirethe recipient to safeguardthe
information disclosedagainstunauthorizedaccessor redisclosure,asprovided in paragraphs(b) and (c)
of this section,and must subjectthe recipientto penaltiesprovidedby the Statelaw for unauthorized
disclosureof confidentialUC information.

(b) Safeguardsto be requiredof recipients.
(1) The Stateor StateUC agencymust:
(i) Requirethe recipientto usethe disclosedinformation only for purposesauthorizedby

law and consistentwith an agreementthat meetsthe requirementsof § 603.10;
(ii) Requirethe recipientto storethe disclosedinformation in a placephysically secure

from accessby unauthorizedpersons;
(iii) Requirethe recipientto storeand processdisclosedinformation maintainedin

electronicformat, suchasmagnetictapesor discs,in sucha way that unauthorizedpersons
cannotobtain the information by any means;
(iv) Requirethe recipientto undertakeprecautionsto ensurethat only authorized

personnelare given accessto disclosedinformation storedin computersystems;
(v) Requireeachrecipientagencyor entity to
(A) Instruct all personnelhaving accessto the disclosedinformation about

confidentiality requirements,the requirementsof this subpartB, and the sanctionsspecifiedin
the Statelaw for unauthorizeddisclosureof information,and
(B) Sign an acknowledgmentthat all personnelhaving accessto the disclosed

information havebeeninstructedin accordancewith paragraph(b)(I)(v)(A) of this section
and will adhereto the State'sor StateUC agency'sconfidentiality requirementsand
procedureswhich are consistentwith this subpartB andthe agreementrequiredby § 603.10,
and agreeingto report any infraction of theserules to the StateU C agencyfully and promptly.
(vi) Requirethe recipientto disposeof information disclosedor obtained,and any copies

thereofmadeby the recipientagency,entity, or contractor,after the purposefor which the
information is disclosedis served,exceptfor disclosedinformationpossessedby any court.
Disposalmeansreturn of the informationto the disclosingStateor StateUC agencyor

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OPEN RECORDSCONTRACT 5.a
destructionof the infonnation, as directedby the Stateor StateUC agency. Disposalincludes

deletion of personalidentifiers by the Stateor StateUC agencyin lieu of destruction. In any
case,the information disclosedmustnot be retainedwith personalidentifiers for longer than
suchperiod of time asthe Stateor StateUC agencydeemsappropriateon a case-by-case
basis;and
(vii) Maintain a systemsufficient to allow an audit of compliancewith the requirements

of this part.
(2) In the caseof disclosuresmadeunder § 603.5(d)(2)(to a third party (otherthan an agent)

or disclosuresmadeon an ongoingbasis),the Stateor StateUC agencymust also:
(i) Periodically audit a sampleof transactionsaccessinginfonnation disclosedunder that

sectionto assurethat the entity receivingdisclosedinfonnation hason file a written release
authorizingeachaccess.The audit must ensurethat the infonnation is not being usedfor any
unauthorizedpurpose.

(ii) Ensurethat all employeesof entitiesreceivingaccessto information disclosedunder §
603.5(d)(2)are subjectto the sameconfidentiality requirements,and Statecriminal penalties
for violation of thoserequirements,as areemployeesof the StateUC agency.
(c) Redisclosureof confidentialUC infonnation.
(1) A Stateor StateUC agencymay authorizeany recipientof confidential UC information

underparagraph(a) of this sectionto rediscloseinformation only as follows:
(i) To the individual or employerwho is the subjectof the information;
(ii) To an attorneyor other duly authorizedagentrepresentingthe individual or employer;
(ill) In any civil or criminal proceedingsfor or on behalf of a recipient agencyor entity;
(iv) In responseto a subpoenaonly asprovided in § 603.7;
(v) To an agentor contractorof a public official only if the personredisclosingis a public

official, if the redisclosureis authorizedby the Statelaw, and if the public official retains
responsibility for the usesof the confidentialUC informationby the agentor contractor;
(vi) From onepublic official to anotherif the redisclosureis authorizedby the Statelaw;
(vii) When so authorizedby Section303(e)(5),SSA, (redisclosureof wage information by

a Stateor local child supportenforcementagencyto an agentundercontractwith suchagency
for purposesof carrying out child supportenforcement)andby Statelaw; or
(viii) When specifically authorizedby a written releasethat meetsthe requirementsof §

603.5(d)(to a third party with informed consent).
(2) Information redisclosedunderparagraphs(c)(l)(v) and(vi) of this sectionmustbe subject

to the safeguardsin paragraph(b) of this section.

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Packet Pg. 76
OPEN RECORDS CONTRACI' 5.a
(d) The requirementsof this sectiondo not apply to disclosuresofUC information to a Federal
agencywhich the Departmenthasdetermined,by notice publishedin the FederalRegister,to have in
place safeguardsadequateto satisfythe confidentiality requirementof Section303(a)(I), SSA.

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Attachment A4
TEXAS WORKFORCE COMMISSION DATA SECURITY POLICY
It is the policy of the TexasWorkforce Commissionto promotea secureenvironmentfor employeesand

clients, and to maintainmanagementcontrolsnecessaryfor the safekeepingof the Agency'sresourcesand
assets.
Employees,physical property,and informationrelatedto the conductof agencyoperationsare assets,

entrustedto the careof the agencyby the citizensof this state. Safeguardingthe securityand integrity of
theseassetsand using them in a cost-effectivemannerarebasicresponsibilitiesof the agency.
The TexasWorkforce Commissionrelies heavily on its electronicdataprocessingsystemsto meet its

operational,financial and informationalrequirements.It is essentialthat thesecritical systemsare protected
from accidentsand misuseof all kinds, and that both the computersystemandthe datathat they processbe
operatedand maintainedin a secureenvironment.

It will be the responsibility of the Data SecurityManagerof the RECIPIENT AGENCY to detennineand
assignthe computeraccesscodesrequiredfor a userto perform the assignedjob duties. Accessto
computerizeddatawill be limited to just that dataneededto do the assignedjob.
It is the responsibility of the Data SecurityManagerof the RECIPIENT AGENCY to make certainthat all
usersare awareof, and comply with, the TexasWorkforce Commission'srules and regulationswithin their
office.

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5.a
TWC Contract/Amendment Number: 2909PER165
CONTRACT/AMENDMENT
LANGUAGE CHANGECERTIFICATION FORM
Pleasecheck the appropriate box and sign below:
D No Changes. I hereby certify that no changeshave been made to documents contained in

this Contract! Amendment package.
D Changesto Demographic Information. I herebycertify that changesin demographic

information items only (suchascontactor sig!1atory)havebeenmadeto documents
containedin this Contract!Amendmentpackage.Penand ink correctionshavebeenentered,
initialed and the revisedareashavebeenflagged.

D Changesto Contract/Amendment Terms and Conditions. I herebycertify that changesto
the contract/amendment termsandconditionshavebeenproposed. The proposedchanges
havebeenenteredon all copiesof the documentsin pen and ink, initialed, and the revised
areashavebeenflagged. I understandthat I anI to sign andthen sendall copiesof the
contract/anIendment back to TWC for evaluationof the proposedchanges.If the proposed
changesare approvedby the TWC signatory,they will be initialed and my copy (and the
fiscal agent'scopy, if applicable)will be returnedto me. I understandthat if thereare any
questionsor issuesregardingthe proposedpen and ink changesthat I will be contactedby a
TWC representative
to discussthem. pe.,..C81v'.(,.rS4~~ ~I m~ ~.i(.-
0"",
/:tI'l} D1 I CS~..rf~
~Ve ~~ w..'-"-~'/"~ l'arA:. ~. } 7.
Irving Police Department
Herbert Gears Date

Mayor
Packet Pg. 79
6
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2767

Recommending Department: Financial Services LSR No: 9885
Resolution -- Authorizing the City Council of the City of Irving, Texas to

Enter into a Contract with Linebarger, Goggan, Blair and Sampson, LLP,
Attorneys at Law, for Professional Services in the Collection of Delinquent
Ad Valorem Taxes
2. Impact: The Dallas County Tax Office currently utilizes the delinquent tax
collection services of Linebarger, Goggan, Blair and Sampson, LLP (LGB&S).
Utilizing their services for delinquent collection will provide the City with effective
collection of delinquent ad valorem taxes and land based liens (mowing, paving and
demo liens).
3. Under the terms of the agreement, the LGB&S will receive the state sanction fees of
20% of delinquent taxes collected for tax years 2006 and forward. The firm will
receive a fee of 15% of delinquent taxes collected for tax years 2005 and prior.
4. Collection fees are paid by the taxpayer in addition to the taxes due at the time of
collection and will be forwarded to the firm by Dallas County.
5. LGB&S and Parker Marks P.C. have established a working relationship to assure an
orderly transition and continuity of representation of the City's interests.
6. The contract will begin October 1, 2009 and will continue until either the City or
Linebarger chooses to terminate.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: July 23, 2009 Council Action: Interlocal Agreement with
Dallas County Tax Office
Advantages to retaining LGB&S
First year revenue increase:
Cedar Hill ISD 30%

Desoto ISD 34%
Irving ISD 42%
Packet Pg. 80
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66 Clients in Dallas County:
Dallas County
Irving ISD
City of Dallas
Town of Addison
City of Richardson
City of Grand Prairie
Dallas Law Office – 117 Staff
LGB&S will absorb data conversion cost of

approximately $60,000
Personal site visits to collect delinquent tax
Consolidate land based liens (mowing,

paving, demolition) on property tax lawsuit
.
ATTACHMENTS:
Div Fee Disclosure (PDF)
Del Tax Contract - FINAL 092909 (DOC)

N/A
Prepared: 7/7/2009 11:07 AM by Brad Duff
Packet Pg. 81
6
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached contract between the City of
Irving and Linebarger, Goggan, Blair and Sampson, LLP, for the collection of
delinquent taxes, and the Mayor is authorized to execute said contract.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 82
6.a
Packet Pg. 83
Attachment: Div Fee Disclosure (2767 : 8 Delinquent Tax Coll. Agmt. with Linebarger)
6.b
CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES
THE STATE OF TEXAS §

§
COUNTY OF DALLAS §
Attachment: Del Tax Contract - FINAL 092909 (2767 : 8 Delinquent Tax Coll. Agmt. with Linebarger)
THIS CONTRACT is made and entered into by and between the CITY OF
IRVING, acting herein by and through its governing body (hereinafter called “CITY”) and
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP (hereinafter called “FIRM”).
I.
CITY agrees to employ and does hereby employ FIRM to enforce by suit or
otherwise the collection of all delinquent taxes, penalty and interest owing to CITY,
provided current year taxes falling delinquent within the period of this Contract shall become
subject to its terms on the first day of July of the year in which the said taxes shall become
delinquent, except as otherwise provided herein. Lawsuits and bankruptcy cases filed before
the first day of July shall include current year taxes as allowed by law. Such taxes are also
subject to the terms of this Contract. Further, beginning with the 2009 tax year and
continuing thereafter, all delinquent tangible personal property taxes which remain delinquent
on the 60th day after the February 1 delinquency date shall become subject to this Contract.
II.
FIRM is to call to the attention of the collector or other officials any errors, double
assessments, or other discrepancies coming under their observation during the progress of
the work, and is to intervene on behalf of the CITY in all suits for taxes hereafter filed by any
taxing unit on property located within its corporate limits.
CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF IRVING AND LINEBARGER
GOGGAN BLAIR & SAMPSON, LLP, Page 1 of 5
Packet Pg. 84
6.b
III.
FIRM agrees to file suit on and reduce to judgment and sale any property located
within the CITY against which a tax lien would prevail provided, the CITY, through its tax
assessor collector, will furnish the necessary data and information as to the name, identity
and location of the necessary parties, and legal description of the property to be sold. The
FIRM agrees to sue for recovery of the costs and court costs as provided by Tex. Tax Code
Sec. 33.48.
IV.
FIRM agrees to make annual progress reports to CITY and to advise CITY of all
cases where investigation reveals taxpayers to be financially unable to pay their delinquent
taxes.
V.
CITY agrees to pay to FIRM as compensation for services required hereunder
twenty percent (20%) of the amount of all delinquent taxes, penalty, and interest, for tax
years 2006 and thereafter, actually collected and paid to the collector of taxes during the
term of this Contract, as and when collected. The CITY agrees to pay FIRM as
compensation hereunder fifteen (15%) of the amount of all delinquent taxes, penalty and
interest collected for the tax years 2005 and prior. All compensation above provided for
shall become the property of the FIRM at the time payment of taxes, penalty and interest is
made to the collector. The collector shall pay over said fund monthly by check.
CITY may, at its sole discretion, turn over to FIRM selected accounts for collection
prior to July 1, except as otherwise provided in Section I herein. CITY agrees to pay the
FIRM as compensation for collection activities on these accounts, including tax seizures
pursuant to which the compensation is a cost of the seizure, an amount equal to twenty
percent (20%) of the taxes actually collected for tax years 2006 and thereafter, and an
amount equal to fifteen percent (15%) of the taxes, penalty, and interest actually collected
for tax years 2005 and prior.
Packet Pg. 85
6.b
In bankruptcy proceedings, eminent domain proceedings or other federal
receiverships, CITY agrees to pay the FIRM as compensation for collection activities on
these accounts, an amount equal to twenty percent (20%) of the taxes, penalty and interest
actually collected for tax years 2006 and thereafter, and an amount equal to fifteen percent
(15%) of the taxes, penalty, and interest actually collected for tax years 2005 and prior.
Based upon criteria jointly approved by CITY and FIRM, FIRM may, on a selective
basis, include land-based receivable accounts identified by the CITY into property tax
lawsuits. CITY agrees to pay to FIRM as compensation for land-based collection services
required hereunder twenty percent (20%) of all amounts (representing the principal owed,
plus interest thereon) collected or recovered through foreclosure of liens on the subject
property.
VI.
This term of this Contract shall commence on October 9, 2009 and shall continue
thereafter until terminated by either party. FIRM shall provide transition services of
software programming and data transfer to provide compatibiltiy of tax data systems. All
costs associated with the transition of delinquent accounts to FIRM shall be borne by FIRM
and at no cost to CITY.
VII.
Either party to this Contract shall have the right to and may terminate this Contract,
for cause or for convenience, by giving at least sixty (60) days written notice of such
intention, with a statement of the cause or reasons for such termination. Should the
termination be for cause, the FIRM shall have a reasonable opportunity to cure and/or rectify
the underlying basis for termination. In the event of termination, FIRM shall be entitled to
receive and retain all compensation due up to the date of said termination.
Packet Pg. 86
6.b
On termination of this contract, FIRM shall have an additional six (6) months after
termination to reduce to judgment all suits filed prior to the date last mentioned, and
provided further that FIRM shall handle to conclusion all suits in which trial court judgments
are obtained during the period of this contract and which are appealed by any party. In
consideration of the terms and compensation herein stated, FIRM hereby accepts said
employment and undertakes the performance of this contract as above written.
VIII.
For purposes of sending notices under the terms of this contract, all notices from
CITY to FIRM shall be sent to FIRM by certified mail United States mail, or delivered by
hand or by courier, and addressed as follows:
Linebarger Goggan Blair & Sampson, L. L. P.

Attn: DeMetris A. Sampson
2323 Bryan Street, Suite 1600
Dallas, Texas 75201
All notices from FIRM to CITY shall be sent to CITY by certified United States
mail, or delivered by hand or by courier and addressed as follows:
City of Irving
Attn: City Manager
825 W. Irving Blvd.
Irving, Texas 75060
IX.
The contract shall be construed in accordance with the laws of the state of Texas; and
venue for any action shall be Dallas County, Texas.
Packet Pg. 87
6.b
WITNESS the signatures of all parties hereto in triplicate originals this, the _____
day of OCTOBER, AD 2009.
CITY OF IRVING, Texas
By
HERBERT A. GEARS, Mayor
ATTEST: APPROVED AS TO FORM:
By
Janice Carroll, City Secretary Charles Anderson, City Attorney
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
BY: __________________________________
DeMetris A. Sampson, Partner
DATED: _____________________________
Packet Pg. 88
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2968

Recommending Department: Financial Services LSR No:
Resolution -- Approving a Chapter 380 Economic Development Incentive

Agreement with Universal Technical Institute, LLC on Eligible Real and
Personal Property
2. Impact: Approval of this agreement will allow the City to offer development
incentives to UTI, the leading provider of technical education training in the United
States. UTI has 10 campuses across the United States.
3. UTI must own and occupy at least 108,000 square feet at 5151 Regent Blvd. and
employ at least 40 full-time employees earning at least $49,000 per year during the
5-year term of the agreement.
4. The incremental taxable value of the real and personal property must be at least $5
million over the certified 2009 values to qualify for an incentive.
5. Upon compliance of these provisions, UTI will receive a rebate up to 40 percent of
the ad valorem tax paid to the City.
6. The agreement with UTI is for 5 years beginning on January 1, 2010.
Recommendation
Contract Required: Yes Review Completed By: Charles Anderson
.
ATTACHMENTS:
UTI 380 Agreement (PDF)

N/A
Prepared: 9/24/2009 01:30 PM by Brad Duff
Packet Pg. 89
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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 program and Chapter 380 of the Texas Local Government
Code, the City Council finds the economic development incentive offered in the attached contract
will promote the economic development and stimulate business and commercial activity in the
City of Irving;
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 Economic Incentive
Agreement between the City of Irving and Universal Technical Institute, LLC,
and the Mayor is authorized to execute said agreement.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 90
7.a
ECONOMIC INCENTIVE AGREEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
CITY OF IRVING §
This Economic Incentive Agreement (“Agreement”), is made and entered into as

of the 8th day of October, 2009, by and between the City of Irving, Texas (“CITY”), a
home rule city and municipal corporation of Dallas County, Texas, duly acting herein by
and through its Mayor and UNIVERSAL TECHNICAL INSTITUTE OF TEXAS, LLC, A
Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

DELAWARE LIMITED LIABILITY COMPANY (“UTI”), acting by and through its
authorized officers, for the purposes and considerations stated below:
WITNESSETH:
WHEREAS, the CITY had adopted a Comprehensive Policy Statement on Local

Economic Development and Business Stimulation Incentives (Policy Statement), by the
passage of Ordinance No. 8733 on the 30th day of November, 2006, to be used as a
guideline for granting incentives; and
WHEREAS, the CITY’s Policy Statement entitled: COMPREHENSIVE POLICY

STATEMENT ON LOCAL ECONOMIC DEVELOPMENT AND BUSINESS
STIMULATION INCENTIVES (GUIDELINES AND CRITERIA ACTS 1989, 71ST LEG.,
CH. 555) is attached as Exhibit “A” hereto; 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 of the Texas Local Government Code (“Code”), as
amended; and
WHEREAS, Chapter 380 of the Code authorizes the CITY to enter into economic
incentive agreements with UTI, for the purpose set forth in the Policy Statement; and
WHEREAS, the CITY desires to enter into an Agreement with UTI for economic
incentives pursuant to Chapter 380 of the Code; and
WHEREAS, the contemplated use of the Premises and the other terms hereof
are consistent with encouraging development and retention of the corporate citizen and
are in compliance with the Policy Statement and similar guidelines and criteria adopted
by the CITY and applicable law; and
WHEREAS, the City Council of the CITY finds that the terms of this Agreement
meet the applicable guidelines and criteria heretofore adopted by the City Council; and
WHEREAS, in order to maintain and enhance the commercial and industrial

economic and employment base of the CITY, the City Council finds that it is in the best
interest of the taxpayers for the CITY to enter into this Agreement;
UTI Economic Incentive Agreement 1 Packet Pg. 91

7.a
NOW, THEREFORE, the CITY, for good and valuable consideration, the
adequacy and receipt of which is hereby acknowledged, which consideration includes
major improvements to existing buildings, expansion of primary employment, and
increased payroll that contributes to the economic development of Irving and
enhancement of the tax base in the CITY and County, UTI for good and valuable
consideration, the adequacy and receipt of which is hereby acknowledged, which
consideration includes the economic incentives set forth herein below, as authorized by
Section 380 of the Code, as amended, 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:
A. “Eligible Property Value” shall mean the incremental increase in taxable value of
Real Property Improvements and Business Personal Property owned by UTI and
located at 5151 Regent 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 2009 taxable values.
B. “Qualified Facilities” shall mean the ownership of at least one hundred-eight

thousand (108,000) square feet of space in the Premises.
C. "Premises" shall mean all that parcel of land with improvements located at 5151
Regent and owned by UTI.
D. “Primary Rebate” shall mean the Rebate earned from meeting the Minimum
Threshold Eligibility Requirements during the five (5) year term of this Agreement.
E. “Premium Rebate” shall mean a Rebate rate of five percent (5%) provided at
least 15% of the new or transferred into the City of Irving full time employees reside
within the corporate limits of the City of Irving.
F. “Minimum Threshold Eligibility Requirements” shall mean (i) ownership of a

minimum of one-hundred eight (108,000) square feet or more of space on the Premises
for a minimum of five (5) years, (ii) the occupancy of a minimum of one-hundred eight
(108,000) square feet, (iii) the creation of at least forty (40) new or transferred into the
CITY of Irving jobs with an average annual salary of at least $49,000, located within the
Premises and filled by full-time employees and (iv) an increase in taxable assessed
valuation of the “Eligible Property Value” of at least five million ($5,000,000) over the
January 1, 2009 valuation.
G. “Real Property Improvements” shall mean the taxable assessed valuation of the
Premises (which includes both the land and the improvements).

7.a
H. “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 rebate.
I. “Combined Incremental Taxable Assessed Value” shall mean the combined increase in
taxable assessed valuation of the real property improvements and personal property located
on the Premises over the 2009 certified taxable value on the Dallas Central Appraisal District
tax roll.
II.
GENERAL PROVISIONS

A. UTI agrees and covenants that it or its permitted assigns or tenants will diligently
and faithfully maintain the space which constitutes the Qualified Facilities for a minimum
term of five (5) continuous years, including the contract commencement date set forth in
Paragraph IV as well as during the term of this Agreement. UTI further covenants and
agrees that the use of the Qualified Facilities will be in accordance with all applicable
state and local laws and regulations. UTI further agrees and covenants that from the
date certificate(s) of occupancy are issued with respect to the improved Qualified
Facilities, until the expiration of the term of this Agreement, a minimum of one hundred
eight thousand (108,000) square feet of space shall be continuously maintained on the
Premises in a manner consistent with other office space that are of a class similar to the
Qualified Facilities, and UTI shall cause the employment of at least forty (40) new-to-
Irving full-time employees with an average annual salary of at least $49,000 within the
Premises during the Rebate period as set forth in Paragraph IV. UTI agrees to become
an investor at the “Partner Level” (a $3,000 annual commitment throughout the term of
the agreement) 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
Rebate UTI qualifies for under the terms of this agreement.
B. All procedures followed by the CITY conform to the requirements of the Code,
and will be undertaken in coordination with UTI’s corporate, public, employee, and
business relations requirements.
C. The Premises are or will be owned by UTI, which Premises are located solely
within the CITY limits of the CITY.
D. The Premises are not in an improvement project financed by tax increment

bonds.
E. 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.

7.a
F. 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.
G. As a condition precedent to UTI’s receipt of the Primary Rebate, UTI agrees that
(i) it will diligently and faithfully maintain the space which constitutes the Qualified
Facilities, in a manner consistent with office space in other office buildings that are of a
class similar to the Qualified Facilities, during the term of this Agreement; (ii) the use of
the Qualified Facilities will be in accordance with all applicable state and local laws and
regulations; (iii) from the date certificate(s) of occupancy are issued with respect to the
improved Qualified Facilities, until the end of the Rebate term, at least one hundred
eight thousand (108,000) square feet of space shall be continuously maintained on the

Premises in a manner consistent with office space in other office buildings that are of a
class similar to the Qualified Facilities, (iv) a minimum of one-hundred eight (108,000)
square feet of office space on the Premises shall be occupied and (v) UTI shall cause
the employment of at least forty (40) employees within the Premises during the Rebate
period.
H. 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.
I. During the period of the Primary and Premium Rebate herein authorized, UTI (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.
J. As a further condition precedent to its receipt of the Primary Rebate, UTI 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.
III.
OCCUPANCY AND EMPLOYEES
As a condition precedent to receiving a Primary Rebate, UTI must occupy, on

and within the Premises, the Qualified Facilities containing at least one hundred eight
thousand (108,000) square feet of space, and in conjunction with said Qualified
Facilities to create at least forty (40) new or transferred into the City of Irving jobs to be
located within the Premises. The forty (40) new jobs shall be filled by full-time, year-
around employees. The CITY and UTI acknowledge that those employees holding the
forty (40) jobs may not necessarily reside within the corporate limits of the CITY. The
forty (40) employees will receive an average annual salary of at least $49,000 per
employee.

7.a
IV.
TERM AND REBATE PERIOD
A five (5) year Rebate period is hereby granted. The five (5) year period shall
commence to run January 1 of the first year in which the Minimum Threshold Eligibility
Requirements are met by UTI., but no later than January 1, 2011 and shall continue for
the full five year period ending no later than December 31, 2015.
V.
RATE OF REBATE

The rate and scope of Rebate shall be as follows:
A. Scope and Rate of Rebate – The Rebate amount will be calculated by

multiplying the ad valorem taxes paid to the City of Irving for the preceding tax year by
the percentage set forth in Section D below for each type of Rebate.
B. Primary Rebate – The Primary Rebate amount as set forth in Section D shall be
available if, during the preceding calendar year, UTI meets the Minimum Threshold
Eligibility Requirements.
C. Premium Rebate – UTI may obtain a Premium Rebate in an amount as set forth
in Section D if, in addition to UTI meeting the Minimum Threshold Eligibility
Requirements, at least six (6) of the new or transferred into the city employees
employed on the Premises reside within the corporate limits of the City of Irving.
D. Annual Rates of Rebate – The following shall be the UTI annual rates for
calculation of the Rebate amount:
Tax Primary Premium UTI Total

Year Rebate Rebate Rebate
1 35% 5% 40%
2 35% 5% 40%
3 35% 5% 40%
4 35% 5% 40%
5 35% 5% 40%
E. Minimum Total Property Valuation – Should the valuation of the Eligible

Property Value fall below $5,000,000, (total “combined incremental taxable assessed
value” of real and business personal property on DCAD tax roll must meet or exceed
$5,000,000 over the amount assessed for January 1, 2009) there shall be no Rebate
allowed that year or any other future year until the combined incremental taxable
assessed valuation of the Eligible Property Value equals or exceeds $5,000,000.
F. Minimum Average Salary Per Employee – Should the average annual salary
per employee fall below $49,000, there shall be no Rebate allowed that year or any

7.a
other future year until the average annual salary per employee equals or exceeds
$49,000.
G. Minimum Number of New Employees – Should the number of employees fall

below forty (40), there shall be no Rebate allowed that year or any other future year until
the number of employees equals or exceeds forty (40).
VI
PAYMENT OF REBATES
Each year in which a Rebate is due and payable to UTI, the CITY shall calculate
the Rebate amount and make the Rebate payment to UTI, 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
Rebate could be due would be for the 2010 tax year making the Rebate payment due
on March 31, 2011.
VII
RECORDS AND AUDITS
A. Not later than January 31 of each applicable year, UTI shall submit to the CITY a
certification as to (i) the number of employees working within the Premises as of
January 1 of the preceding year, (ii) the number of square feet of space occupied in the
Qualified Facilities on January 1 of the preceding year, (iii) the average annual salary
per employee on January 1 of the preceding year of the employees working within the
Premises and (iv) the number of employees residing within the City of Irving.
B. At all times throughout the term of this Agreement, the CITY or its agents shall
have reasonable access to the Premises by CITY employees (upon prior notice to UTI)
for the purpose of inspecting same to ensure that the Qualified Facilities are maintained
in accordance with the specifications and conditions of this Agreement; provided that
UTI shall have the right to accompany CITY employees on any such inspection and that
such inspection shall be limited to examining only that information necessary to
determining the basis for this abatement.
C. The Premises at all times shall be used in a manner that is consistent with City of
Irving Zoning Ordinance No. 1144 as amended, and the Policy Statement, and
consistent with the general purpose of encouraging development within the CITY.
VIII.
BREACH
A. CITY may modify this agreement, subject to the notice and cure provisions stated
in section VIII. B. below, if UTI fails to comply with its terms.
B. In the event that (i) the Qualified Facilities for which a Rebate has been granted
are not occupied in accordance with this Agreement; or (ii) UTI allows its ad valorem
taxes with respect to real or personal property to become delinquent and fails to timely
and properly follow the legal procedures for protest and/or contest of any such ad

7.a
valorem property taxes; or (iii) UTI breaches any of the terms or conditions of this
Agreement, then UTI shall be in default of this Agreement. In the event UTI defaults in
its performance of (i), (ii), or (iii) above, the CITY shall give UTI written notice of such
default and if UTI 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 acceptable to the CITY, and cannot with due diligence be cured within
such thirty (30) day period owing to causes beyond the control of UTI, 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 UTI has
commenced and is pursuing the cure of same, then, after first advising the City Council
of UTI ’s efforts to cure same, UTI may utilize an additional (60) days for such purposes,
provided further that if the breach is failure to report by January 31 as required, UTI

shall only have 1 additional 30 day time period to complete the required reporting before
the City may terminate this agreement. Time, in addition to the foregoing ninety (90)
days, may be authorized by the City Council. Except as provided in Sections V- E, F.
and G., CITY’s sole and exclusive remedy for any breach of this Agreement during the
period of Primary Rebate, in the event of default after the expiration of the applicable
notice and cure periods, is that the CITY receive from UTI as liquidated damages a
refund of all Rebates paid by the CITY to UTI, for the entire Rebate period, and interest
thereon be charged at the statutory rate for delinquent taxes as determined by Section
33.01 of the Code, as amended, from the date of the default for breach, and will
become a debt from UTI to the CITY. Such amount shall be due, owing, and paid by
UTI within sixty (60) days of the expiration of the above-mentioned applicable cure
periods as the sole remedy of the CITY, subject to any and all lawful offsets,
settlements, deductions, or credits to which UTI may be entitled. Provided, however,
should the number of actual full time employees on the Premises fall below fifty percent
(50%) of the minimum number of full time employees required by this Agreement, then
the CITY may consider this reduction in the number of employees to be a breach of this
Agreement and UTI may be required to pay the liquidated damages as provided for in
the preceding sentence. The parties acknowledge that actual damages in the event of
default and termination would be speculative and difficult to determine. Notwithstanding
anything to the contrary set forth in this Agreement, upon UTI’s sale of the Premises to
a permitted Purchaser pursuant to paragraph IX, below, which Purchaser assumes in
writing all of UTI’s rights and obligations under this Agreement, UTI shall have no further
liability to the City under this Agreement.
IX.
EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY
A. The Primary Rebate and Premium Rebate will continue during the term of this
Agreement if the conditions for such Rebate(s) have been met, so long as UTI uses the
Premises as set forth in B or C below, and UTI is not otherwise in default or breach of this
agreement.
B. Leases or subleases to UTI affiliates which result in a continuation of the business

as an ongoing business in the Premises in the same general manner, shall not result in a
forfeiture of either the Primary Rebate or Premium Rebate or require City Council
approval.

7.a
C. Notwithstanding paragraphs A or B above, UTI may transfer its interest in this

Agreement to a Purchaser of the Premises and said Purchaser will not lose eligibility to
receive the Primary Rebate or Premium Rebate before the expiration of the five (5) year
Rebate period should UTI sell the Premises and Qualified Facilities if the following
conditions are first met:
1. UTI, the Purchaser, any of their affiliates, or the tenants of the Premises
continues to occupy and use the Premises and Qualified Facilities during the Rebate
period in accordance with this Agreement;
continues to employ at least forty (40) full time employees who shall work on the Premises

and in the Qualified Facilities during the Rebate period in accordance with this Agreement;
and
meets all other requirements necessary to receive the Primary Rebate or Premium
Rebate.
The term "affiliate” as used herein with respect to UTI or a Purchaser shall mean a
person or entity controlled by, controlling, or under common control with UTI or said
Purchaser, as applicable. Control of an entity for these purposes shall mean direct or
indirect ownership of at least fifty percent (50%) of the vote or value of the entity.
X.
INDEMNITY
It is understood and agreed between the parties that UTI, in performing its obligations
hereunder, is acting independently, and the CITY assumes no responsibilities or
liabilities in connection therewith to UTI or to third parties and UTI agrees to indemnify
and hold the CITY, its agents, employees and officers harmless therefrom.
XI.
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:
Universal Technical Institute of Texas, LLC

Chad A. Freed, Esq.
Senior Vice President and General Counsel
20410 N. 19th Ave.
Suite 200
Phoenix, AZ 85027

7.a
CITY OF IRVING, TEXAS

825 W. Irving Boulevard
Irving, TX 75060
Attn: City Secretary
XII.
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 8th day of October, 2009, authorizing the Mayor to execute this

Agreement on behalf of the CITY.
XIII.
BOARD OF DIRECTORS AUTHORIZATION
This Agreement was entered into by an officer of UTI pursuant to authority

granted by its members through a formally adopted Schedule of Authorizations.
XIV.
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.
XV.
ESTOPPEL CERTIFICATE
Any party hereto may request an estoppel certificate relating to this Agreement
from another party hereto so long as the certificate is requested in connection with a
bona fide business purpose. The certificate, which will upon request be addressed to a
subsequent purchaser or assignee of UTI, shall include, but not necessarily be limited
to, statements (to the best knowledge of the party providing such) that this Agreement is
in full force and effect without default (or if default exists, the nature of default and
curative action, which should be undertaken to cure same), the remaining term of this
Agreement, the levels of Primary Rebate in effect, and such other matters reasonably
requested by the party(ies) to receive the certificate. Any such certificate on behalf of
the CITY shall be provided by the Chief Financial Officer for the City of Irving.
XVI.
COMPANY UNDERSTANDING
UTI, as party to this Agreement, shall be deemed a proper and necessary part in
any litigation questioning or challenging the validity of this Agreement or any of the
underlying Ordinances, Resolutions, or City Council actions authorizing same and UTI
shall be entitled to intervene in said litigation.

7.a
XVII.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas. Venue
for any action under this Agreement shall be the State District Court of Dallas County,
Texas. This Agreement is performable in Dallas County, Texas.
XVIII.
RECORDATION OF AGREEMENT

A certified copy of this Agreement in recordable form may be recorded in the
Deed Records of Dallas County, Texas.

7.a
IX.
ENTIRE AGREEMENT
This Agreement constitutes the entire Economic Incentive Agreement between

the parties, supercedes any prior understanding or written or oral economic incentive
agreements or representations between the parties, and can be modified only by written
instrument subscribed to by both parties. Notwithstanding the foregoing provision, this
Agreement does not modify, alter, or amend any other agreement or instrument
between the CITY and UTI relating to matters other than the Rebates. This Agreement

may be executed in multiple counterparts, each of which shall be considered an original.
EXECUTED the ________ day of ______________________, 2009.
CITY OF IRVING, TEXAS
By: _______________________________
Herbert A. Gears, Mayor
ATTEST:
__________________________________
Janice Carroll, City Secretary, City of Irving
______________________________
Charles R. Anderson, City Attorney, City of Irving
By: _______________________________
Chad A. Freed, Esq.
Senior Vice President and General Counsel

7.a
PARTNERSHIP 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 Chad A. Freed, Esq.
Senior Vice President and General Counsel of Universal Technical Institute of Texas,
LLC 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 limited liability company, and as the act and deed of such
limited liability company, 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., 2009.
_________________________________________
Notary Public in and for the State of Texas
_________________________________________
(Typed/Printed Name of Notary)
My Commission Expires:
____________________

8
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2977

Resolution -- Reimbursing the City of Irving for Capital Expenditures for

Streets, Parks, Libraries and Economic Development Improvements in
Advance of the 2010 General Obligation Bond Sale
3. The City wishes to begin certain projects included in the 2010 G.O. Bond Program
in an effort to bring these projects on-line at an earlier date.
the projects listed in Exhibit A.
5. The projects will be financed using currently available bond funds.
Recommendation
Contract Required: No Review Completed By: Charles Anderson
Previous Action: Res-2008-565 Council Action: Approved
.
ATTACHMENTS:
Exhibit A (XLS)

The projects listed in Exhibit A will be financed using currently available bond funds and
reimbursing those funds once the Go bonds are issued.
Packet Pg. 103

8
CITY OF IRVING
WHEREAS, the City of Irving, Texas (the “Issuer”), is a home-rule city authorized to finance
its activities by issuing obligations the interest on which is excludable from gross income for federal
income tax purposes (“tax-exempt obligations”) pursuant to Section 103 of the Internal Revenue Code
of 1986, as amended (the “Code”); and
WHEREAS, the Issuer will make, or has made not more than 60 days prior to the date hereof,
payments with respect to the acquisition, construction, reconstruction, or renovation of the projects
listed on Exhibit A attached hereto; and
WHEREAS, the Issuer has concluded that it does not currently desire to issue tax-exempt
obligations to finance the costs associated with the projects listed on Exhibit A attached hereto; and
WHEREAS, the Issuer desires to reimburse itself for the costs associated with the projects listed
on Exhibit A attached hereto from the proceeds of tax-exempt obligations to be issued subsequent to
the date hereof; and
WHEREAS, the Issuer reasonably expects to issue tax-exempt obligations to reimburse itself
for the costs associated with the projects listed on Exhibit A attached hereto;

IRVING, TEXAS:
SECTION I. THAT the Issuer reasonably expects to reimburse itself for all costs that have been or
will be paid subsequent to the date that is 60 days prior to the date hereof and that are
to be paid in connection with the acquisition, construction, reconstruction, or
renovation of the projects listed on Exhibit A attached hereto from the proceeds of tax-
exempt obligations to be issued subsequent to the date hereof.
SECTION II. THAT the Issuer reasonably expects that the maximum principal amount of tax-
exempt obligations issued to reimburse the Issuer for the costs associated with the
projects listed on Exhibit A attached hereto will not exceed $18,500,000.
Packet Pg. 104

8
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 105

8.a
FY2009-2010
FALL
CAPITAL IMPROVEMENT BOND PROGRAM
GENERAL OBLIGATION BOND SALE
$18,500,000
Proposed
Division Project Amount
Goal 9 Streets MacArthur Corridor Improvements $ 3,400,000

Las Colinas Undergrounding $ 2,000,000
Streets Total: $ 5,400,000
Attachment: Exhibit A (2977 : 8 Reimbursement Resolution for 2010 GO Bonds)

Goal 7 Parks Campion Trails $ 600,000
Lake Carolyn Promenade $ 3,500,000
Land Acquisition $ 1,500,000
Parks Total: $ 5,600,000
Libraries South Library $ 1,000,000

West Irving Library $ 4,500,000
Facilities Total: $ 5,500,000
Goal 3 Economic Water Street - Lake Reclamation/Promenade $ 2,000,000

Development
Economic Development Total: $ 2,000,000
Total General Obligation Bond Program $ 18,500,000
Packet Pg. 106

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Packet Pg. 107

Attachment: Exhibit A (2977 : 8 Reimbursement Resolution for 2010 GO Bonds)
9
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2978

Resolution -- Reimbursing the City of Irving for Capital Expenditures for

Drainage Improvements in Advance of the 2010 Bond Sale
3. The City wishes to begin the Lake Carolyn reclamation in preparation for the Water
Street Project.
the reclamation.
5. The projects will be financed using currently available funds.
Recommendation
Contract Required: No Review Completed By: Charles Anderson
.
ATTACHMENTS:
EXHIBIT A (DOCX)

The projects listed in Exhibit A will be financed using currently available funds and
reimbursing those funds once the Revenue Bonds are issued.
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CITY OF IRVING
WHEREAS, the City of Irving, Texas (the “Issuer”), is a home-rule city authorized to finance
its activities by issuing obligations the interest on which is excludable from gross income for federal
income tax purposes (“tax-exempt obligations”) pursuant to Section 103 of the Internal Revenue Code
of 1986, as amended (the “Code”); and
WHEREAS, the Issuer will make, or has made not more than 60 days prior to the date hereof,
payments with respect to the acquisition, construction, reconstruction, or renovation of the projects
listed on Exhibit A attached hereto; and
WHEREAS, the Issuer has concluded that it does not currently desire to issue tax-exempt
obligations to finance the costs associated with the projects listed on Exhibit A attached hereto; and
WHEREAS, the Issuer desires to reimburse itself for the costs associated with the projects listed
on Exhibit A attached hereto from the proceeds of tax-exempt obligations to be issued subsequent to
the date hereof; and
WHEREAS, the Issuer reasonably expects to issue tax-exempt obligations to reimburse itself
for the costs associated with the projects listed on Exhibit A attached hereto;

IRVING, TEXAS:
SECTION I. THAT the Issuer reasonably expects to reimburse itself for all costs that have been or
will be paid subsequent to the date that is 60 days prior to the date hereof and that are
to be paid in connection with the acquisition, construction, reconstruction, or
renovation of the projects listed on Exhibit A attached hereto from the proceeds of tax-
exempt obligations to be issued subsequent to the date hereof.
SECTION II. THAT the Issuer reasonably expects that the maximum principal amount of tax-
exempt obligations issued to reimburse the Issuer for the costs associated with the
projects listed on Exhibit A attached hereto will not exceed $2,000,000.
Packet Pg. 109

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on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 110

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EXHIBIT A
PROPERTY DESCRIPTION
Description Amount
2010 Revenue Bonds – Uses $2,000,000

Drainage – Lake Carolyn Reclamation
Total $2,000,000
Attachment: EXHIBIT A (2978 : 8 Reimb. Resolution for 2010 Drainage Bonds)
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2958

Recommending Department: Engineering LSR No: N/A
Resolution -- Awarding a Contract to Texas State Utilities for Utility

Undergrounding at the Irving Arts Center Project
2. Impact: This contract provides for the installation and conduit only for the
undergrounding of existing overhead electric, telephone, and cable lines along
MacArthur Boulevard in front of the Irving Arts Center.
3. Verizon, Oncor, and Time Warner will install mechanical equipment and pull wiring
under separate discretionary service agreements, and landscaping improvements
will be performed, in an estimated amount of $472,000.00 for these services.
4. This project includes installing conduit and concrete pads for electric transformers in
front of the baseball field for MacArthur High School with landscape improvements
that enhance the MacArthur Boulevard corridor.
5. Texas State Utilities is recommended for award by the Capital Improvements
Program/Engineering Department.
6. The recommended bid award amount of the project is $175,194.45. An additional
$1,752.00 is needed for testing, bringing the total cost of this portion of the project
to $176,946.45. The estimated cost of the entire project is $648,946.45.
7. Texas State Utilities is a Minority- and/or Women-owned Business (M/WBE)
contractor.
8. Two of the five bids received are from M/WBE contractors.
9. Funding in the amount of $176,946.45 is available in the Non-Bond CIP Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
On September 4, 2009, bids were received for the Utility Undergrounding at the Irving Arts
Center Project. Following is a tabulation of bids received:
1. Texas State Utilities $175,194.45 60 Working Days
2. Groves Electrical $178,541.20 60 Working Days
3. Henkels & McCoy $220,798.61 60 Working Days
4. Battson Contracting Co., Inc. $251,011.40 60 Working Days
5. The Fishel Company $252.681.17 60 Working Days
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ATTACHMENTS:
Utility Undergrounding at IAC (PDF)

4001-1902-77010-909021 Budget: $176,946.45 Actual: $176,946.45
A Purchase Order will be issued when FY2009-10 funds are available.
Prepared: 9/22/2009 10:02 AM by Lana King
Last Updated: 10/1/2009 02:16 PM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Texas State Utilities
in the amount of $175,194.45 for Utility Undergrounding at the Irving Arts Center
Project and awards the contract to said company in said amount and authorizes the
Mayor to execute said contract.
SECTION II. THAT $1,752.00 is hereby approved and authorized for testing to be performed by the
City of Irving's contracted testing firm.
SECTION III. THAT this expenditure shall be charged to Account No. 4001-1902-77010-909021 in
the total amount of $176,946.45.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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10.a
Attachment: Utility Undergrounding at IAC (2958 : 19 Awd Texas State Util for Undergrouding at IAC)
Overhead Utilities
To Be Lowered
Overhead Utilities
To Be Lowered
Utility Undergroundings at
8/18/2009
The Irving Arts Center

City of Irving
´
1 inch = 200 feet
CIP/Engineering Department
8/18/2009 12:00:35 PM
Feet
0 100 200
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2935

Recommending Department: Information Technology LSR No: 10063
Resolution -- Approving a Memorandum of Understanding Between the

City of Irving and the City of Frisco for the Use of the Irving
Communications, Public Safety Radio Channels
2. Impact: This Memorandum of Understanding (MOU) provides interoperability
(direct patching) for Irving’s Public Safety Radio System for the City of Irving and
the City of Frisco. There is no cost involved.
3. These channels can be used by local government jurisdictions, State and Federal
agencies in Texas, and each of their associated emergency response
organizations; and private sector emergency response organizations licensed or
otherwise entitled to operate in the Public Safety Pool.
4. The MOU imposes certain protocols, procedures, and obligations upon jurisdictions
hereby authorized to use licensed radio channels held by Irving.
5. The MOU authorizes the use of Irving licensed frequencies for the purpose of
coordination between emergency response agencies and resources. Such
coordination may occur during interagency operations, en-route travel, or on-
incident communications in accordance with an Incident Communications Plan.
Recommendation
Contract Required: Yes Review Completed By: Carrie Morris
Previous Action: No Council Action: N/A
.
ATTACHMENTS:
MOU w Frisco to use Radio Channels (PDF)

NONE
Prepared: 9/15/2009 03:58 PM by Lana King
Last Updated: 9/30/2009 10:29 AM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Memorandum of
Understanding between the City of Irving and the City of Frisco to establish
permissions and guidelines for the use of the Irving Communications, Public Safety
Radio channels, and the Mayor is authorized to execute said Memorandum of
Understanding.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: MOU w Frisco to use Radio Channels (2935 : 23 Agmt MOU with Frisco to Use Radio
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12
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2979

Recommending Department: Corporate Communications LSR No: N/A
Resolution -- Authorizing the Use of a New Identity Marking to Brand the

City of Irving
1. This item supports Strategic Goal No. 6: Effective Communications.
2. Impact: This resolution establishes a new identity marking to brand the City of
Irving and effectively communicate with residents, visitors, and businesses.
3. The Council Communications Committee Chairwoman met with staff from several
city departments, the Irving Convention and Visitors Bureau, and the Greater Irving-
Las Colinas Chamber of Commerce to review potential identity markings.
4. On September 17, 2009, the Council Communications Committee reviewed
possible identity marking designs and recommended a new identity marking for
consideration.
5. The new identity marking was presented to the City Council for its review at the
September 23, 2009, Work Session.
6. If approved, this item also authorizes the submission of an application to seek a
federal trademark of the identity marking.
Recommendation
Contract Required: No Review Completed By: N/A
Previous Action: Council Action:
ATTACHMENTS:
CityofIrving_new (PDF)

None
Prepared: 9/29/2009 04:21 PM by Tammy Hanson
Last Updated: 10/2/2009 11:24 AM by Tammy Hanson
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12
CITY OF IRVING
WHEREAS, the City of Irving desires to establish a new identity marking to brand the City of
Irving and effectively communicate with residents, visitors, and businesses; and
WHEREAS, the City of Irving desires to make application to the United States Patent and
Trademark Office for the new City of Irving identity marking;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby authorizes the City’s use of the new City of Irving
identity marking.
SECTION II. THAT the City Council hereby authorizes the submission of a Trademark/Service
Mark Application to the United States Patent and Trademark Office for the
registration of the new City of Irving identity marking, and authorizes the Mayor to
execute said application and any other necessary documents related thereto.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2960

Recommending Department: Real Estate & Development LSR No:
Resolution -- Supporting the Everest Heights Mixed-Use Development

Project
2. Impact: Support for the unique mixed-use concept will facilitate leasing and
financing for the development.
3. The new mixed-use retail and entertainment facilities will meet a market demand for
the City of Irving.
Recommendation

None
Prepared: 9/22/2009 02:09 PM by Cynthia Castro
Last Updated: 10/1/2009 05:03 PM by Belinda Rowlett
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13
CITY OF IRVING
WHEREAS, the City of Irving is home to one of the largest South Asian populations in north
Texas; and
WHEREAS, Everest Heights has been planned and designed to serve an unmet market need in
the City of Irving; and
WHEREAS, Everest Heights will combine over 40 businesses including retail, banquet
facilities, and offices; and
WHEREAS, Everest Heights will be home to the first theater in the country with stadium
seating designed specifically to display South Asian movies and will also be home to the first South
Asian FM radio station;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby expresses its support for the Everest Heights
development as an innovative, mixed-use facility to serve the needs not only of
Irving’s residents but the residents of all of north Texas.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2877

Recommending Department: Irving Convention & Visitors Bureau LSR No: 10039
Resolution -- Authorizing the Irving Convention and Visitors Bureau to

Purchase Advertising Space in the Media
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
development of the Regional Activity District and Entertainment Center.
2. Impact: Promote the City of Irving to potential visitors which will generate additional
visitor spending in Irving.
3. The advertising schedule which includes both online and traditional media has been
significantly reduced to $450,000.00 for the calendar year 2010. The final schedule
will be determined based on proposals submitted, and the evaluation of these to
select those that best address the primary objectives of the 2009-10 ICVB
Marketing Plan.
4. Messaging will primarily focus on the Irving Convention Center as the 12-month
countdown to the opening begins. Destination messaging will be focused primarily
on the meetings trades and specialty publications within that segment; consumer
messaging will be concentrated primarily through the Dallas/Fort Worth Area
Tourism Council co-operative program.
through September 30, 2010, is included in the 2009-10 ICVB General Fund
budget.
Recommendation
Contract Required: No Review Completed By: Karen Brophy
Previous Action: Res. 2008-459 Council Action: Authorized the purchase of
advertising space in the media
.
Additional Comments:
Due to the current downturn in the hotel occupancy tax collections and debt service shortfalls,
the Bureau Board of Directors recently approved a series of budget reductions, including
revising the originally proposed 2009-10 media schedule from $700,000 to $450,000.
Funding to purchase advertising space is $416,424.00 less than for the 2008-2009 fiscal year.
Much of the funding for this item comes from the balance of the ICVB Building Fund, which
was established to supplement pre-opening sales and marketing requirements, and which
was absorbed by the ICVB General Fund in 2009-10.
Details of the media schedule by category including information on the various customer
categories are attached (Attachment 1).
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14
The purchasing of advertising in print and other media is an expenditure qualified under Texas
Local Government Code Section 252.022(16).
ATTACHMENTS:
A. ICVB 2009-10 Media Schedule(PDF)

2201-3506-565402-800 Budget: $400,000.00 Actual: $400,000.00
2201-3506-565310-800 Budget: $50,000.00 Actual: $50,000.00
Prepared: 8/19/2009 07:24 AM by Jane Kilburn
Last Updated: 10/1/2009 07:08 AM by Jane Kilburn
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14
CITY OF IRVING
WHEREAS, the purchase of advertising space in the media promotes tourism and the
convention and hotel industry as a promotional program to attract tourists and convention registrants to
Irving; and
WHEREAS, the Irving Convention and Visitors Bureau marketing program provides for the
purchasing of advertising in print and other media, and is an expenditure qualified under Texas Local
Government Code Section 252.022(16);
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION I. THAT the City Council hereby authorizes the Irving Convention and Visitors Bureau
to purchase advertising space in the media up to a maximum of $450,000.00 through
September 30, 2010.
SECTION II. THAT this expenditure shall be charged to Account No. 2201-3506-565402-800 in
the amount of $400,000.00 and Account No. 2201-3506-565310-800 in the amount of
$50,000.00.
___________________________________
Max S. Duplant, CPA
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14
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 129

14.a
ATTACHMENT 1
IRVING CONVENTION AND VISITORS BUREAU

2009-10 MEDIA SCHEDULE
Breakdown by Category
Attachment: A. ICVB 2009-10 Media Schedule (2877 : 35 - Authorize ICVB to Purchase Advertising Space)
Total budgeted funding available: $450,000.00
1. Co-op Programs $ 50,000

(Primary vehicle for 2009-10 leisure market messaging is cooperative
marketing programs with area CVBs and other tourism entities.)
2. Meeting/Group Planners & Business Travelers $400,000
Detailed Information
As stated in the Bureau’s 2009-10 Marketing Plan, the primary objectives of the Bureau’s advertising
program are:
 Continue to focus upon destination brand awareness in a variety of publications and programs
because we largely serve as the lone voice for the destination in the outer-market.
 Continue to have a strong presence in corporate trade publications since the majority of Irving’s
travel business is driven by corporate visitors.
 Supplement corporate trade publication ad buy with publications that cater to non-corporate
business.
The 2009-10 media schedule continues to focus its primary interest on publications targeting groups as
group and business travel continues to be Irving’s core market. Irving will continue to aggressively
position our city as a meeting specialist with a uniquely convenient location to capitalize on all of DFW’s
assets. We will deliver that message through targeted print and online mediums such as: Successful
Meetings, Meetings & Conventions, Meeting News, MPG, Corporate & Incentive Travel, Corporate
Meetings and Incentives, Sports Travel, etc.
The Bureau will also deliver specific target messages and promotions to market segments where the
Bureau is concentrating sales efforts, via industry- and organization-specific newsletters, such as Social,
Military, Educational, Religious and Fraternal (SMERF) publications; Sports Travel publications; third-
party management newsletters; etc.
Individual consumers, traveling for both business and leisure, will be targeted primarily through
cooperative marketing programs with area CVBs and other tourism entities. Programs like these, which
market the entire metropolitan area, have proved to be effective in reaching this market, particularly the
drive-to market in the five contiguous states. Supplemental to this will be Irving-specific messages in
regional publications, as well as online opportunities that may be identified.
Special attention will be paid to advertising efforts directed toward the new Irving Convention Center so
the facility is effectively marketed and positioned from its inception, and effectively synthesized into the
Bureau’s overall media placement schedule.
j.citydocs.ais.mediaauthor09-10attach
9/03/2009
9/25/2009 8:25:25 AM Packet Pg. 130
15
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2944

Recommending Department: Intergovernmental Services LSR No:
Resolution -- Approving a Fee Agreement with Dean International, Inc., for

Assistance in Transportation and Infrastructure Services
consulting expertise by Dean International, Inc., for transportation and infrastructure
related services including: strategy development, analysis, and real-time reporting
of key Irving projects/initiatives.
3. Additionally, the contract provides for program development and administration and
support services for the annual Irving Transportation and Infrastructure Convention
(Washington D.C.) and Summit (Irving). The agreement provides for a monthly
services rate of $20,000.00 plus expenses over the one-year contract.
Recommendation
Contract Required: Yes Review Completed By: Kuruvilla Oommen
.
ATTACHMENTS:
Dean transportation contract (PDF)

1001-1001-564919-100 $260,000.00
1001-1003-56401-100 $470,000.00
Prepared: 9/17/2009 03:50 PM by Jennifer Dwyer
Last Updated: 9/18/2009 01:29 PM by Jennifer Dwyer
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15
CITY OF IRVING

Irving and Dean International, Inc., for transportation and infrastructure policy
consulting services in the amount not to exceed $730,000.00, and the Mayor is
authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 1001-1001-564919-100
in the amount of $260,000.00 and Account No. 1001-1003-56401-100 in the
amount of $470,000.00.
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Dean transportation contract (2944 : 40 Agmt Dean Intl- Transportation)
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2892

Recommending Department: Intergovernmental Services LSR No:
Resolution -- Approving a Fee Agreement with Dean International, Inc., for

Assistance in Water Services
consulting expertise by Dean International, Inc., for water related services including:
strategy development, analysis, and real-time reporting of key Irving
projects/initiatives. The agreement provides for a monthly services rate of
$30,000.00 plus up to $30,000.00 in expenses over the one year contract.
3. Funding in the amount of $390,000.00 is available in the Water Resources
Development Fund.
Recommendation
Contract Required: Yes Review Completed By: Kuruvilla Oommen
.
ATTACHMENTS:
Dean Water Contract (PDF)

5423-3204-56401-1160 $390,000.00
Prepared: 8/26/2009 03:18 PM by Kathryn Guerra
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16
CITY OF IRVING

Irving and Dean International, Inc., for water policy consulting services in the amount
not to exceed $390,000.00, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2636

Recommending Department: Government Services LSR No: 10094
Resolution -- Approving a Professional Services Agreement for

Engineering and Planning Services with Nathan D. Maier Consulting
Engineers for the Provision of Water Acquisition Projects/Initiatives
2. Impact: Nathan D. Maier Engineering and consulting services have been of great
value to the Irving Transportation and Infrastructural Services Team regarding water
development and land acquisition initiatives
3. The agreement provides for planning and analysis assistance for the acquisition of
future water resources, maximization of pipeline assets and revenue generation.
The consultant’s expertise regarding contracting assistance, water rights analysis,
water rights and storage rights acquisition is a critical component to the city’s
strategic water planning process.
4. The firm’s capabilities in project modeling and financial analysis are paramount to
the success of Irving’s future water development and ROW acquisition initiatives.
5. Total cost of the agreement is not to exceed $600,000.00 including estimated
expenses.
6. Funding in the amount of $600,000.00 is available in the Water & Sewer System
Fund.
7. Nathan D. Maier is a 100% Woman-Owned Business Enterprise.
Recommendation
Contract Required: Yes Review Completed By: K. Oommen
Previous Action: 3-13-08-103 Council Action: Approved initial agreement
.
ATTACHMENTS:
NDM Final Contract (PDF)

5402-3204-56401-1160 Budget: $600,000.00
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17
Prepared: 5/15/2009 02:52 PM by Jennifer Dwyer

Last Updated: 10/1/2009 02:03 PM by Kathryn Guerra
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17
CITY OF IRVING

Irving and Nathan D. Maier Consulting Engineers, Inc., for engineering and planning
services relative to water acquisition projects and initiatives in the amount not to
exceed $600,000.00, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: NDM Final Contract (2636 : 40 Appr Agmt Nathan Maier- Water Acq)
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18
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2972

Recommending Department: Intergovernmental Services LSR No: 10080
Resolution -- Approving an Agreement Between the City of Irving and

EMISSTAR, L.L.C to Provide Emissions Technology Consulting for the
Environmental Protection Agency’s Emerging Technologies Grant Project
for the City of Irving, Texas
2. Impact: This professional services contract will provide for the required quarterly
emissions reporting in the recently awarded Environmental Protection Agency’s
Emerging Technology Grant.
3. EMISSTAR is a consulting firm specializing in emissions, energy and sustainable
technologies reporting for the transportation sector. EMISSTAR is a sole source
vendor and is uniquely qualified for these services due to the fact that EMISSTAR
has extensive experience in installation, emissions measurement testing and in-
depth knowledge of the SCRT technology being utilized, which is not yet
commercially available.
4. Funding in the amount of $83,708.00 for the period of October 1, 2009, through
September 30, 2010, is available in the Garage Fund.
Recommendation
Contract Required: Yes Review Completed By: C. Morris
Previous Action: Approved grant Council Action:
acceptance
.
ATTACHMENTS:
EMISSTAR Contract (PDF)

6603-4012-56401-1160 $83,708.00
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18
CITY OF IRVING

Irving and EMISSTAR, L.L.C., for testing services relative to the required quarterly
emissions reporting in the Environmental Protection Agency’s Emerging Technology
Grant project in the amount of $83,708, and the Mayor is authorized to execute said
agreement.
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2973

Recommending Department: Intergovernmental Services LSR No: 10191
Resolution -- Authorizing the Mayor to Accept American Recovery and

Reinvestment Act Funding in an Amount Up to $2,058,600 through the U.S.
Department of Energy’s Energy Efficiency and Conservation Block Grant
2. Impact: This funding, offered through the U.S. Department of Energy’s Energy
Efficiency and Conservation Block Grant Program, allows the City of Irving to
implement renewable energy and energy conservation projects, including the
installation of solar powered LED street lights on the Irving Boulevard corridor.
3. The Department of Energy has awarded an initial $73,339.00 for the development
of an Energy Efficiency and Conservation Strategy that supports the goals of the
Energy Efficiency and Conservation Block Grant program.
4. A second award for the implementation of a solar powered LED street light project
will be granted after the approval of an Energy Efficiency and Conservation
Strategy.
5. The funding period for this grant is from October 1, 2009, to September 30, 2010.
Recommendation
Contract Required: Yes Review Completed By: C. Morris
ATTACHMENTS:
DOE Award - Assistance_Agreement_Form[1] (PDF)
DOE Award DE-EE0000966 (RTF)

NONE
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19
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Assistance Agreement between
the City of Irving and the U.S. Department of Energy (DOE) for funding through the
DOE’s Energy Efficiency and Conservation Block Grant (EECBG) program to
develop and implement an Energy Efficiency and Conservation Strategy (EECS) in
the City of Irving for the purpose of emissions reductions and reduced fossil fuel
consumption at an initial project cost of $73,339.00 for the period of August 1, 2009,
to October 31, 2010, and the Mayor is authorized to execute said agreement.
SECTION II. THAT the City of Irving will be awarded additional project funding in the
approximate amount of $1,985,261.00 from October 1, 2009, to September 30, 2010,
under the EECBG program upon completion of an EECS, and the Mayor is
authorized to execute any necessary agreement.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 181

19.a
NOT SPECIFIED /OTHER
ASSISTANCE AGREEMENT
1. Award No. 2. Modification No. 3. Effective Date 4. CFDA No.

DE-EE0000966 09/07/2009 81.128
5. Awarded To 6. Sponsoring Office 7. Period of Performance
IRVING, CITY OF Golden Field Office 09/07/2009
Attachment: DOE Award - Assistance_Agreement_Form[1] (2973 : 40 Authorizing the Mayor to accept grant funding)
Attn: TOMMY GONZALEZ U.S. Department of Energy through
09/06/2012
825 W IRVING BLVD Golden Field Office
IRVING TX 750602845 1617 Cole Blvd.
Golden CO 80401
8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No.

X Grant PL 110-140, EISA 2007 09EE003933
Cooperative Agreement PL 111-5, Recovery Act 2009
Other
11. Remittance Address 12. Total Amount 13. Funds Obligated

IRVING, CITY OF Govt. Share: $2,058,600.00 This action: $73,339.00
Attn: TOMMY GONZALEZ Cost Share : $0.00 Total : $73,339.00
825 W IRVING BLVD Total : $2,058,600.00
IRVING TX 750602845
14. Principal Investigator 15. Program Manager 16. Administrator
Kathryn Guerra Mitchell James Duran Golden Field Office

Phone: 972-721-8079 Phone: 303-275-4772 U.S. Department of Energy
Golden Field Office
1617 Cole Blvd.
Golden CO 80401-3393
17. Submit Payment Requests To 18. Paying Office 19. Submit Reports To
See Attachment #2
20. Accounting and Appropriation Data

EECBG
21. Research Title and/or Description of Project

RECOVERY ACT: CITY OF IRVING, TX ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
For the Recipient For the United States of America

22. Signature of Person Authorized to Sign 25. Signature of Grants/Agreements Officer
23. Name and Title 24. Date Signed 26. Name of Officer 27. Date Signed
Sara J. Wilson 09/08/2009
NOT SPECIFIED /OTHER Packet Pg. 182

NOT SPECIFIED /OTHER 19.a
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
CONTINUATION SHEET DE-EE0000966 2 3
NAME OF OFFEROR OR CONTRACTOR
IRVING, CITY OF
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)
DUNS Number: 064142888
In addition to this Assistance Agreement, this
award consists of the items listed in the Special
Terms and Conditions, Provision 2, Award
Agreement Terms and Conditions.
In Block 7 of the Assistance Agreement, the

Period of Performance reflects the beginning of
the project through the end of the current Budget
Period, shown as 09/07/2009 through 09/06/2012.
Block 12 of this Assistance Agreement indicates

the Recipient's total allocation. Block 13 of
this Assistance Agreement indicates the Total
Obligated Amount for this action. The funds
available in ASAP to the Recipient through this
action are limited to $73,339 due to Provision
Number 15, Staged Disbursement Clause of the
Special Terms and Conditions.
DOE Award Administrator: Nicole Blackstone

E-mail: nicole.blackstone@go.doe.gov
Phone: 303-275-4879
DOE Project Officer: Mitch Duran

E-mail: mitchell.duran@go.doe.gov
Phone: 303-275-4772
Recipient Business Officer: Kathryn Guerra

E-mail: kguerra@cityofirving.org
Phone: 972-721-8079
Recipient Principal Investigator: Kathryn Guerra

E-mail: kguerra@cityofirving.org
Phone: 972-721-8079
Electronic signature or signatures as used in

this document means a method of signing an
electronic message that--
(A) Identifies and authenticates a particular
person as the source of the electronic message;
(B) Indicates such person's approval of the
information contained in the electronic message;
and,
(C) Submission via FedConnect constitutes
electronically signed documents.
ASAP: Yes Extent Competed: NOT AVAIL FOR COMP

Delivery Location Code: 03601
Golden Field Office
Continued ...
July 2004

NOT SPECIFIED /OTHER 19.a
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
CONTINUATION SHEET DE-EE0000966 3 3
NAME OF OFFEROR OR CONTRACTOR
IRVING, CITY OF
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)
U.S. Department of Energy
Golden Field Office
1617 Cole Blvd.
Golden CO 80401-3393
Payment:
OR for Golden
U.S. Department of Energy
Oak Ridge Financial Service Center
P.O. Box 4517
Oak Ridge TN 37831
Fund: 05796 Appr Year: 2009 Allottee: 31 Report
Entity: 200835 Object Class: 41020 Program:
1005115 Project: 2004350 WFO: 0000000 Local Use:
0000000 TAS Agency: 89 TAS Account: 0331
July 2004

19.b
DE-EE0000966 / 000
City of Irving, TX
SPECIAL TERMS AND CONDITIONS
Table of Contents
Number Subject Page
1. RESOLUTION OF CONFLICTING CONDITIONS .................................................... 2

2. AWARD AGREEMENT TERMS AND CONDITIONS ............................................... 2
Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)
3. ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS ................................ 2
4. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM ........................... 2
5. CEILING ON ADMINISTRATIVE COSTS................................................................. 3
6. LIMITATIONS ON USE OF FUNDS.......................................................................... 3
7. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS COSTS................ 3
8. USE OF PROGRAM INCOME .................................................................................. 4
9. STATEMENT OF FEDERAL STEWARDSHIP ......................................................... 4
10. SITE VISITS.............................................................................................................. 4
11. REPORTING REQUIREMENTS ............................................................................... 4
12. PUBLICATIONS ....................................................................................................... 5
13. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS........................................ 5
14. LOBBYING RESTRICTIONS.................................................................................... 5
15. STAGED DISBURSEMENT...................................................................................... 5
16. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS............... 7
17. HISTORIC PRESERVATION .................................................................................... 7
18. WASTE STREAM ..................................................................................................... 8
19. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS .................... 8
20. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)............................... 8
21. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512
OF THE RECOVERY ACT...................................................................................... 13
22. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS........................................................ 13
23. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS – SECTION 1605 OF THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 ............................................................................. 14
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) – SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009..... 17
25. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT ........................................................................................................................ 21
26. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF
EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT
RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS.................................... 21
27. DAVIS-BACON ACT REQUIREMENTS ................................................................. 22
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1. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this award must be referred to the DOE Award Administrator for
guidance.
2. AWARD AGREEMENT TERMS AND CONDITIONS
This award/agreement consists of the Assistance Agreement, plus the following:

a. Special Terms and Conditions.
b. Attachments:
Attachment Number Title
1. Statement of Project Objectives
2. Federal Assistance Reporting Checklist and Instructions
3. Budget Pages (SF 424A)
c. Program regulations, if applicable.
d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov.
e. Application/proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of
award at http://management.energy.gov/business_doe/1374.htm.
3. ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS
Acknowledgement of award documents by the Recipient’s authorized representative

through electronic systems used by the Department of Energy, specifically FedConnect,
constitutes the Recipient's acceptance of the terms and conditions of the award.
Acknowledgement via FedConnect by the Recipient’s authorized representative
constitutes the Recipient's electronic signature.
4. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED

STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM
a. Method of Payment. Payment will be made by advances through the Department of

Treasury’s ASAP system.
b. Requesting Advances. Requests for advances must be made through the ASAP system.
You may submit requests as frequently as required to meet your needs to disburse funds
for the Federal share of project costs. If feasible, you should time each request so that
you receive payment on the same day that you disperse funds for direct project costs and
the proportionate share of any allowable indirect costs. If same-day transfers are not
feasible, advance payments must be as close to actual disbursements as administratively
feasible.
c. Adjusting payment requests for available cash. You must disburse any funds that are
available from repayments to and interest earned on a revolving fund, program income,
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City of Irving, TX
rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest
earned on any of those funds before requesting additional cash payments from DOE.
d. Payments. All payments are made by electronic funds transfer to the bank account
identified on the ASAP Bank Information Form that you filed with the U.S. Department
of Treasury.
5. CEILING ON ADMINISTRATIVE COSTS
a. Local government and Indian Tribe Recipients may not use more than 10 percent of
amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545
(b)(3)(A)), for administrative expenses, excluding the costs of meeting the reporting
requirements under Title V, Subtitle E of EISA. These costs should be captured and
summarized for each activity under the Projected Costs Within Budget: Administration.
b. Recipients are expected to manage their administrative costs. DOE will not amend an
award solely to provide additional funds for changes in administrative costs. The
Recipient shall not be reimbursed on this project for any final administrative costs that
are in excess of the designated 10 percent administrative cost ceiling. In addition, the
Recipient shall neither count costs in excess of the administrative cost ceiling as cost
share, nor allocate such costs to other federally sponsored project, unless approved by the
Contracting Officer.
6. LIMITATIONS ON USE OF FUNDS
a. By accepting funds under this award, you agree that none of the funds obligated on the
award shall be expended, directly or indirectly, for gambling establishments, aquariums,
zoos, golf courses or swimming pools.
b. Local government and Indian tribe Recipients may not use more than 20 percent of the
amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(B)), for the
establishment of revolving loan funds.
c. Local government and Indian tribe Recipients may not use more than 20 percent of the
amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(C)), for
subgrants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit of
local government or Indian tribe.
7. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS COSTS
a. The Recipient is expected to manage their final negotiated project budgets, including
their indirect costs and fringe benefit costs. DOE will not amend an award solely to
provide additional funds for changes in the indirect and/or fringe benefit costs or for
changes in rates used for calculating these costs. DOE recognizes that the inability to
obtain full reimbursement for indirect or fringe benefit costs means the Recipient must
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City of Irving, TX
absorb the underrecovery. Such underrecovery may be allocated as part of the

Recipient’s cost share.
b. If actual allowable indirect and/or fringe benefit costs are less than those budgeted and
funded under the award, the Recipient may use the difference to pay additional allowable
direct costs during the project period. If at the completion of the award the Government’s
share of total allowable costs (i.e., direct and indirect), is less than the total costs
reimbursed, the Recipient must refund the difference.
8. USE OF PROGRAM INCOME
If you earn program income during the project period as a result of this award, you may add
the program income to the funds committed to the award and used to further eligible project
objectives.
9. STATEMENT OF FEDERAL STEWARDSHIP
DOE will exercise normal Federal stewardship in overseeing the project activities performed
under this award. Stewardship activities include, but are not limited to, conducting site
visits; reviewing performance and financial reports; providing technical assistance and/or
temporary intervention in unusual circumstances to correct deficiencies which develop
during the project; assuring compliance with terms and conditions; and reviewing technical
performance after project completion to ensure that the award objectives have been
accomplished.
10. SITE VISITS
DOE’s authorized representatives have the right to make site visits at reasonable times to
review project accomplishments and management control systems and to provide technical
assistance, if required. You must provide, and must require your subawardees to provide,
reasonable access to facilities, office space, resources, and assistance for the safety and
convenience of the government representatives in the performance of their duties. All site
visits and evaluations must be performed in a manner that does not unduly interfere with or
delay the work.
11. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal
Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to
comply with these reporting requirements is considered a material noncompliance with
the terms of the award. Noncompliance may result in withholding of future payments,
suspension or termination of the current award, and withholding of future awards. A
willful failure to perform, a history of failure to perform, or unsatisfactory performance
of this and/or other financial assistance awards, may also result in a debarment action to
preclude future awards by Federal agencies.
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b. Additional Recovery Act Reporting Requirements are found in the Provision below
labeled: “REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION
1512 OF THE RECOVERY ACT.”
12. PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly available the results of the
work conducted under the award.
b. An acknowledgment of DOE support and a disclaimer must appear in the publication of

any material, whether copyrighted or not, based on or developed under this project, as
follows:
Acknowledgment: “This material is based upon work supported by the Department of

Energy [National Nuclear Security Administration] [add name(s) of other agencies, if
applicable] under Award Number(s) [enter the award number(s)].”
Disclaimer: “This report was prepared as an account of work sponsored by an agency

of the United States Government. Neither the United States Government nor any
agency thereof, nor any of their employees, makes any warranty, express or implied,
or assumes any legal liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process disclosed, or represents
that its use would not infringe privately owned rights. Reference herein to any
specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof.
The views and opinions of authors expressed herein do not necessarily state or reflect
those of the United States Government or any agency thereof.”
13. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
14. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award
shall be expended, directly or indirectly, to influence congressional action on any legislation
or appropriation matters pending before Congress, other than to communicate to Members of
Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed
elsewhere in statute and regulation.
15. STAGED DISBURSEMENT
a. The total funding allocation for this award, shown in Block 12 of the Agreement
Cover Page, is anticipated to be obligated according to a staged disbursement
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schedule because the Recipient is required to submit an Energy Efficiency

Conservation Strategy (EECS) and other application requirements for DOE review
and approval. All funds must be obligated/committed within 18 months of the
effective date of the award and expended within 36 months of the effective date of the
award.
1. The initial disbursement of funds, shown in Block 13 of the Agreement Cover Page,
is obligated on the award for the Recipient to develop the EECS and approved
activities.
2. Within 120 days of the award date shown in Block 27 of the Agreement Cover Page,
The Recipient must submit the following requirements for DOE’s review. Upon
receipt of these requirements, DOE will review the submissions and finalize
negotiations with the Recipient.
- Energy Efficiency Conservation Strategy (EECS).

- Project Activity Sheets that correspond with the EECS.
- Budget
- Budget Justification
- NEPA forms, if applicable.
3. After the parties complete negotiations of all final special terms and conditions for
this award, the Contracting Officer will modify this award and obligate 50% of the
total remaining funding (total allocation minus the amount obligated for this award)
for payment of costs incurred by the Recipient, in accordance with the payment
provisions contained in the Special Terms and Conditions. The Recipient may then
receive payment for allowable costs incurred or recognize costs incurred toward cost
share requirements, as applicable, in accordance with the payment provisions.
4. Project performance will be monitored and corrective action taken, as necessary, to

ensure acceptable performance under the award. The balance of funding will be
obligated after one or more progress reviews in which the Recipient must demonstrate
that it has made satisfactory progress on their activities, obligated funds
appropriately, complied with reporting requirements, and created jobs. After each
progress review where DOE determines the Recipient has satisfied the requirements,
the Contracting Officer will approve modifications of the award and obligate the
remaining 50% of the residual allocation amount in appropriate increments.
b. The funds currently obligated on the award are shown in Block 13 of the Agreement
Cover Page and show the availability of funds to the Recipient for payment of costs
incurred by the Recipient. No additional funds will be disbursed to the Recipient for
payment, and DOE does not guarantee or assume any obligation to reimburse costs
incurred by the Recipient, until the requirements are met for each stage of the EECS
process.
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c. Failure by the Recipient to provide an Energy Efficiency Conservation Strategy (EECS)

within 120 of the award date shown in Block 27 of the Agreement Cover Page to the
Contracting Officer will be deemed a Noncompliance pursuant to 10 CFR 600.24.
Failure by the Recipient to demonstrate acceptable performance under the award will also
be deemed as a Noncompliance. If a noncompliance with the award occurs, the
Contracting Officer may unilaterally terminate or suspend this award and deobligate the
amounts obligated. In such case, the Recipient shall not be reimbursed for costs incurred
at the Recipient’s risk, as described in paragraph b. above.
16. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an adverse
effect on the environment or limit the choice of reasonable alternatives prior to DOE
providing either a NEPA clearance or a final NEPA decision regarding this project. This
restriction does not preclude you from developing, establishing, or planning an Energy
Efficiency & Conservation Strategy (EECS).
If you move forward with activities that are not authorized for Federal funding by the DOE
Contracting Officer in advance of the final NEPA decision, you are doing so at risk of not
receiving Federal funding and such costs may not be recognized as allowable cost share.
If this award includes construction activities, you must submit an environmental evaluation
report/evaluation notification form addressing NEPA issues prior to DOE initiating the
NEPA process.
17. HISTORIC PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is
required to comply with the requirements of Section 106 of the National Historic
Preservation Act (NHPA), consistent with DOE’s 2009 letter of delegation of authority
regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible
for listing in the National Register of Historic Places. In order to fulfill the requirements of
Section 106, the recipient must contact the State Historic Preservation Officer (SHPO), and,
if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106
review outlined in 36 CFR Part 800. SHPO contact information is available at the following
link: http://www.ncshpo.org/find/index.htm. THPO contact information is available at the
following link: http://www.nathpo.org/map.html .
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking
any action that results in an adverse effect to historic properties pending compliance with
Section 106.
Recipients should be aware that the DOE Contracting Officer will consider the recipient in
compliance with Section 106 of the NHPA only after the Recipient has submitted adequate
background documentation to the SHPO/THPO for its review, and the SHPO/THPO has
provided written concurrence to the Recipient that it does not object to its Section 106
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finding or determination. Recipient shall provide a copy of this concurrence to the

Contracting Officer.
18. WASTE STREAM
Prior to the expenditure of Federal funds to dispose of sanitary or hazardous waste, the
Recipient is required to provide documentation to the Project Officer demonstrating that it
has prepared a disposal plan for sanitary or hazardous waste generated by the proposed
activities. Sanitary or hazardous waste includes, but is not limited to, old light bulbs, lead
ballasts, piping, roofing material, discarded equipment, debris, asbestos, etc.
The DOE Contracting Officer shall consider compliance with this clause complete only after
the Recipient has submitted adequate documentation to DOE for its review, and DOE has
provided written approval to the Recipient of its proposed plan to dispose of its sanitary or
hazardous waste.
19. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be
responsible for or have any obligation to the Recipient for (i) Decontamination and/or
Decommissioning (D&D) of any of the Recipient’s facilities, or (ii) any costs which may be
incurred by the Recipient in connection with the D&D of any of its facilities due to the
performance of the work under this Agreement, whether said work was performed prior to or
subsequent to the effective date of the Agreement.
20. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN

RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was
enacted to preserve and create jobs and promote economic recovery, assist those most
impacted by the recession, provide investments needed to increase economic efficiency by
spurring technological advances in science and health, invest in transportation, environmental
protection, and other infrastructure that will provide long-term economic benefits, stabilize
State and local government budgets, in order to minimize and avoid reductions in essential
services and counterproductive State and local tax increases. Recipients shall use grant funds
in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with the
Central Contractor Registration (CCR).
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Be advised that Recovery Act funds can be used in conjunction with other funding as
necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for Recovery
Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery Act,
particularly concerning specific procedural requirements for the new reporting requirements.
The Recipient will be provided these details as they become available. The Recipient must
comply with all requirements of the Act. If the recipient believes there is any inconsistency
between ARRA requirements and current award terms and conditions, the issues will be
referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5.
Covered Funds will have special accounting codes and will be identified as Recovery Act
funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act
funds. Covered Funds must be reimbursed by September 30, 2015.
Non-Federal employer means any employer with respect to covered funds -- the contractor,
subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor,
grantee, or recipient is an employer; and any professional membership organization,
certification of other professional body, any agent or licensee of the Federal government, or
any person acting directly or indirectly in the interest of an employer receiving covered
funds; or with respect to covered funds received by a State or local government, the State or
local government receiving the funds and any contractor or subcontractor receiving the funds
and any contractor or subcontractor of the State or local government; and does not mean any
department, agency, or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract) other
than an individual and includes a State that receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
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segregate, track and maintain these funds apart and separate from other revenue streams. No
part of the funds from the Recovery Act shall be commingled with any other funds or used
for a purpose other than that of making payments for costs allowable for Recovery Act
projects.
C. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or
any private entity, for any casino or other gambling establishment, aquarium, zoo, golf
course, or swimming pool.
D. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the
funds appropriated or otherwise made available by the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed
under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the
Comptroller General is authorized --
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to, and
involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency
regarding such transactions.
E. Publication
An application may contain technical data and other data, including trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to which
the Notice applies:
Notice of Restriction on Disclosure and Use of Data

The data contained in pages ---- of this application have been submitted in confidence and
contain trade secrets or proprietary information, and such data shall be used or disclosed only
for evaluation purposes, provided that if this applicant receives an award as a result of or in
connection with the submission of this application, DOE shall have the right to use or
disclose the data here to the extent provided in the award. This restriction does not limit the
Government's right to use or disclose data obtained without restriction from any source,
including the applicant.
Information about this agreement will be published on the Internet and linked to the website
www.recovery.gov, maintained by the Accountability and Transparency Board. The Board
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may exclude posting contractual or other information on the website on a case-by-case basis
when necessary to protect national security or to protect information that is not subject to
disclosure under sections 552 and 552a of title 5, United States Code.
F. Protecting State and Local Government and Contractor Whistleblowers.
The requirements of Section 1553 of the Act are summarized below. They include, but are
not limited to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered

funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not
be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing,
including a disclosure made in the ordinary course of an employee's duties, to the
Accountability and Transparency Board, an inspector general, the Comptroller General, a
member of Congress, a State or Federal regulatory or law enforcement agency, a person with
supervisory authority over the employee (or other person working for the employer who has
the authority to investigate, discover or terminate misconduct), a court or grant jury, the head
of a Federal agency, or their representatives information that the employee believes is
evidence of:
- gross management of an agency contract or grant relating to covered funds;
- a gross waste of covered funds;
- a substantial and specific danger to public health or safety related to the implementation
or use of covered funds;
- an abuse of authority related to the implementation or use of covered funds; or
- as violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to covered
funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis to
conclude that the non-Federal employer has subjected the employee to a prohibited reprisal.
The agency shall either issue an order denying relief in whole or in part or shall take one or
more of the following actions:
- Order the employer to take affirmative action to abate the reprisal.
- Order the employer to reinstate the person to the position that the person held before the
reprisal, together with compensation including back pay, compensatory damages,
employment benefits, and other terms and conditions of employment that would apply to the
person in that position if the reprisal had not been taken.
- Order the employer to pay the employee an amount equal to the aggregate amount of all
costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably
incurred by the employee for or in connection with, bringing the complaint regarding the
reprisal, as determined by the head of a court of competent jurisdiction.
Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring

Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies
provided to aggrieved employees by this section may not be waived by any agreement,
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policy, form, or condition of employment, including any predispute arbitration agreement.

No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a
dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice
of the rights and remedies as required therein. (Refer to section 1553 of the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific
requirements of this section and prescribed language for the notices.).
G. Reserved
H. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector
General any credible evidence that a principal, employee, agent, contractor, sub-grantee,
subcontractor or other person has submitted a false claim under the False Claims Act or has
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity or similar misconduct involving those funds.
I. Information in Support of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under
the Recovery Act including such items as timecards and invoices. Recipient shall provide
copies of backup documentation at the request of the Contracting Officer or designee.
J. Availability of Funds
Funds obligated to this award are available for reimbursement of costs until 36 months after
the award date.
K. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Certification by Governor – For funds provided to any State or agency thereof by the
American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State
shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds
will be used to create jobs and promote economic growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the Act
are not accepted for use by the Governor, then acceptance by the State legislature, by means
of the adoption of a concurrent resolution, shall be sufficient to provide funding to such
State.
Distribution -- After adoption of a State legislature's concurrent resolution, funding to the

State will be for distribution to local governments, councils of government, public entities,
and public-private entities within the State either by formula or at the State's discretion.
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L. Certifications
With respect to funds made available to State or local governments for infrastructure
investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the
Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this
award that the infrastructure investment has received the full review and vetting required by
law and that the chief executive accepts responsibility that the infrastructure investment is an
appropriate use of taxpayer dollars. Recipient shall provide an additional certification that
includes a description of the investment, the estimated total cost, and the amount of covered
funds to be used for posting on the Internet. A State or local agency may not receive
infrastructure investment funding from funds made available by the Act unless this
certification is made and posted.
21. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512

OF THE RECOVERY ACT
(a) This award requires the recipient to complete projects or activities which are funded
under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report
on use of Recovery Act funds provided through this award. Information from these reports
will be made available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in which
the Recipient receives the assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first-tier subrecipients must maintain current registrations in the
Central Contractor Registration (http://www.ccr.gov) at all times during which they have
active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (http://www.dnb.com) is one of the requirements for
registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) of the Recovery
Act using the reporting instructions and data elements that will be provided online at
http://www.FederalReporting.gov and ensure that any information that is pre-filled is
corrected or updated as needed.
22. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE

EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this award should be American-made.
*Special Note: Definitization of the Provisions entitled, “REQUIRED USE OF AMERICAN

IRON, STEEL, AND MANUFACTURED GOODS – SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009” and “REQUIRED USE
OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER
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INTERNATIONAL AGREEMENTS) – SECTION 1605 OF THE AMERICAN

RECOVERY AND REINVESTMENT ACT OF 2009” will be done upon definition and
review of final activities.

GOODS – SECTION 1605 OF THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition—
(1) Manufactured good means a good brought to the construction site for incorporation into
the building or work that has been—
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than
the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi-
State, regional, or interstate entities which have governmental functions). These buildings
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Domestic preference. (1) This award term and condition implements Section 1605 of the
American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111–5), by
requiring that all iron, steel, and manufactured goods used in the project are produced in the
United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as
follows:
To Be Determined
(3) The award official may add other iron, steel, and/or manufactured goods to the list in
paragraph (b)(2) of this section and condition if the Federal Government determines that—
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(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable.
The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable
when the cumulative cost of such material will increase the cost of the overall project by
more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act . (1)(i)
Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(3) of this section shall include adequate information for Federal
Government evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and
a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery
costs to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit
a satisfactory explanation, the award official need not make a determination.
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(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the
Recovery Act applies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated
with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust the award amount or redistribute budgeted funds by at
least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant
with section 1605 of the American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the Recipient shall include the following information and any applicable
supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Unit of Cost
Description measure Quantity (dollars)*
Item 1:
Foreign steel, iron, or _________ _________ _________
manufactured good
Domestic steel, iron, or _________ _________ _________
manufactured good
Item 2:
manufactured good
manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
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GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) – SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition—
Designated country — (1) A World Trade Organization Government Procurement
Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland,
Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak
Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco,
Nicaragua, Oman, Peru, or Singapore); or
(3) A United States-European Communities Exchange of Letters (May 15, 1995) country:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and
United Kingdom.
Designated country iron, steel, and/or manufactured goods — (1) Is wholly the growth,
product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from
another country, has been substantially transformed in a designated country into a new and
different manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good — (1) Is wholly the growth, product, or
manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from
another country, has been substantially transformed in the United States into a new and
different manufactured good distinct from the materials from which it was transformed.
There is no requirement with regard to the origin of components or subcomponents in
manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good
that is not domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been—
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(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than
the properties of the individual raw materials.
Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi-
State, regional, or interstate entities which have governmental functions). These buildings
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildings and works.
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon,
and may include other elements.
(b) Iron, steel, and manufactured goods. (1) The award term and condition described in this
section implements—
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a
manner consistent with U.S. obligations under international agreements. The restrictions of
section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or
manufactured goods. The Buy American requirement in section 1605 shall not be applied
where the iron, steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and services of that
Party the same as domestic goods and services. This obligation shall only apply to projects
with an estimated value of $7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured
goods in performing the work funded in whole or part with this award, except as provided in
paragraphs (b)(3) and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as follows:
To Be Determined
(4) The award official may add other iron, steel, and manufactured goods to the list in
paragraph (b)(3) of this section if the Federal Government determines that—
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(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The
cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable
when the cumulative cost of such material will increase the overall cost of the project by
more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality;
or
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the
Buy American Act. (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured
goods in accordance with paragraph (b)(4) of this section shall include adequate information
for Federal Government evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and
a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit
a satisfactory explanation, the award official need not make a determination.
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(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the
Recovery Act applies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover
costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured
goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel,
or manufactured goods, the award official shall adjust the award amount or redistribute
budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than
designated country iron, steel, and/or manufactured goods is noncompliant with the
applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the applicant shall include the following information and any applicable
supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Unit of Cost
Description measure Quantity (dollars)*
Item 1:
manufactured good
manufactured good
Item 2:
manufactured good
manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
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25. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY

ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part
by and through the Federal Government pursuant to the Recovery Act shall be paid wages at
rates not less than those prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the
Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the
Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning
application of the standard Davis-Bacon contract clauses set forth in that section. Federal
agencies providing grants, cooperative agreements, and loans under the Recovery Act shall
ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are
incorporated in any resultant covered contracts that are in excess of $2,000 for construction,
alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1606, contact your
awarding agency. Recipients of grants, cooperative agreements and loans should direct their
initial inquiries concerning the application of Davis-Bacon requirements to a particular
federally assisted project to the Federal agency funding the project. The Secretary of Labor
retains final coverage authority under Reorganization Plan Number 14.
26. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF

EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT
RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS
(a) To maximize the transparency and accountability of funds authorized under the American
Recovery and Reinvestment Act of 2009 (Pub. L. 111–5) (Recovery Act) as required by
Congress and in accordance with 2 CFR 215.21 “Uniform Administrative Requirements for
Grants and Agreements” and OMB Circular A–102 Common Rules provisions, recipients
agree to maintain records that identify adequately the source and application of Recovery Act
funds. OMB Circular A–102 is available at
http://www.whitehouse.gov/omb/circulars/a102/a102.html.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular
A–133, “Audits of States, Local Governments, and Non-Profit Organizations,” recipients
agree to separately identify the expenditures for Federal awards under the Recovery Act on
the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF–
SAC) required by OMB Circular A–133. OMB Circular A–133 is available at
http://www.whitehouse.gov/omb/circulars/a133/a133.html. This shall be accomplished by
identifying expenditures for Federal awards made under the Recovery Act separately on the
SEFA, and as separate rows under Item 9 of Part III on the SF–SAC by CFDA number, and
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inclusion of the prefix “ARRA-” in identifying the name of the Federal program on the
SEFA and as the first characters in Item 9d of Part III on the SF–SAC.
(c) Recipients agree to separately identify to each subrecipient, and document at the time of
subaward and at the time of disbursement of funds, the Federal award number, CFDA
number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds
for an existing program, the information furnished to subrecipients shall distinguish the
subawards of incremental Recovery Act funds from regular subawards under the existing
program.
(d) Recipients agree to require their subrecipients to include on their SEFA information to
specifically identify Recovery Act funding similar to the requirements for the recipient SEFA
described above. This information is needed to allow the recipient to properly monitor
subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding
agencies, Offices of Inspector General and the Government Accountability Office.
27. DAVIS-BACON ACT REQUIREMENTS
Note: Where necessary to make the context of these articles applicable to this award, the
term "Contractor" shall mean "Recipient" and the term "Subcontractor" shall mean
"Subrecipient or Subcontractor" per the following definitions.
Recipient means the organization, individual, or other entity that receives an award from
DOE and is financially accountable for the use of any DOE funds or property provided for
the performance of the project, and is legally responsible for carrying out the terms and
conditions of the award.
Subrecipient means the legal entity to which a subaward is made and which is accountable to
the recipient for the use of the funds provided. The term may include foreign or international
organizations (such as agencies of the United Nations).
Davis-Bacon Act
(a) Definition.--"Site of the work"--
(1) Means--
(i) The primary site of the work. The physical place or places where the construction called
for in the award will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the
building or work is constructed, provided that such site is--
(A) Located in the United States; and
(B) Established specifically for the performance of the award or project;
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(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants,
mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--
(i) They are dedicated exclusively, or nearly so, to performance of the award or project; and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in
paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of
this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants,
or tool yards of a Contractor or subcontractor whose locations and continuance in operation
are determined wholly without regard to a particular Federal award or project. In addition,
fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or
material supplier which are established by a supplier of materials for the project before
opening of bids and not on the Project site, are not included in the "site of the work." Such
permanent, previously established facilities are not a part of the "site of the work" even if the
operations for a period of time may be dedicated exclusively or nearly so, to the performance
of a award.
(b) (1) All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week, and without subsequent deduction
or rebate on any account (except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, or as may be incorporated for a
secondary site of the work, regardless of any contractual relationship which may be alleged
to exist between the Contractor and such laborers and mechanics. Any wage determination
incorporated for a secondary site of the work shall be effective from the first day on which
work under the award was performed at that site and shall be incorporated without any
adjustment in award price or estimated cost. Laborers employed by the construction
Contractor or construction subcontractor that are transporting portions of the building or
work between the secondary site of the work and the primary site of the work shall be paid in
accordance with the wage determination applicable to the primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this
article; also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of work actually performed,
without regard to skill, except as provided in the article entitled Apprentices and Trainees.
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Laborers or mechanics performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked therein; provided,
that the employer's payroll records accurately set forth the time spent in each classification in
which work is performed.
(4) The wage determination (including any additional classifications and wage rates
conformed under paragraph (c) of this article) and the Davis-Bacon poster (WH-1321) shall
be posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(c) (1) The Contracting Officer shall require that any class of laborers or mechanics which is
not listed in the wage determination and which is to be employed under the award shall be
classified in conformance with the wage determination. The Contracting Officer shall
approve an additional classification and wage rate and fringe benefits therefore only when all
the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a

classification in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives and the Contracting Officer agree on the classification and
wage rate (including the amount designated for fringe benefits, where appropriate), a report
of the action taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division

Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every

additional classification action within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that additional time is
necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the
classification, or their representatives, and the Contracting Officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the Contracting Officer shall refer the questions, including the views of
all interested parties and the recommendation of the Contracting Officer, to the Administrator
of the Wage and Hour Division for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the
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Contracting Officer or will notify the Contracting Officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subparagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in
the classification under this award from the first day on which work is performed in the
classification.
(d) Whenever the minimum wage rate prescribed in the award for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(e) If the Contractor does not make payments to a trustee or other third person, the Contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program;
provided, that the Secretary of Labor has found, upon the written request of the Contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
Rates of Wages - Prior Approval for Proceeding with Davis-Bacon Construction Activities
If the Recipient determines at any time that any construction, alteration, or repair activity as
defined by 29 CFR 5.2(j) (http://cfr.vlex.com/vid/5-2-definitions-19681309) will be
performed during the course of the project, the Recipient shall request approval from the
Contracting Officer prior to commencing such work. If the Contracting Officer concurs with
the Recipient’s determination, the Recipient must receive Contracting Officer approval to
proceed with such activity, and must comply with all applicable Davis-Bacon requirements,
prior to commencing such work. A modification to the award which incorporates the
appropriate Davis-Bacon wage rate determination(s) will constitute the Contracting Officer’s
approval to proceed. If the Contracting Officer does not concur with the Recipient’s
determination, the Contracting Officer will so notify the Recipient in writing.
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2974

Recommending Department: Housing and Human Services LSR No:
Resolution -- Approving an Increase in Authorized Personnel for a Three

Year Period to Deliver the Services Associated with the Homelessness
Prevention and Rapid Re-Housing Program Grants and the Neighborhood
Stabilization Program Grant
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: These positions will ensure the provision of homelessness prevention
services reaches the greatest number of residents in need and will assist in
determining long term stability for Irving residents.
3. Due to the award of several homelessness-related grants, staff is requesting the
reclass of the department’s Contract Compliance Coordinator to a Homelessness
Prevention Coordinator position and a reclass of the Program Analyst position to
Contract Compliance Coordinator for the duration of the grant funding. The
incumbent in this position will develop, maintain, and coordinate the City’s Back on
Track program, a comprehensive homelessness prevention and service program.
Additionally, this position will assume all necessary case management duties.
4. Staff is requesting the increase in Authorized Personnel to reflect the hiring of a
Case Worker and an Intake Worker. The Case Worker would be funded by each of
the HPRP funds. The Intake Worker’s funding would be split between the HPRP
finds and the NSP program (also providing intake service for that program).
5. Approval for these staffing decisions was made by the Reclass Committee and the
Housing and Human Services Board. The need for these positions was presented
to the Community Services Committee. Estimate costs for the two positions are
$143,174.46 ($33,190.44 in NSP, $54,991.79 in HPRP Federal, $54,991.79 in
HPRP State).
6. Funding in the amount of $2,289,877.00 is available in the Neighborhood
Stabilization Program Fund, funding in the amount of $844,146.00 is available in the
HPRP State Fund, and funding in the amount of $950,000.00 is available in the
HPRP Sate fund.
Recommendation
Previous Action: Award Council Action: RES-2009-336
.
ATTACHMENTS:
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RES HPRP Personnel (PDF)

2021-4251-56401-9058 Budget: $2,289,877.00 Actual: $33,190.44
2031-4257-56401-9058 Budget: $884,146.00 Actual: $54,991.79
2032-4257-56401-9058 Budget: $950,000.00 Actual: $54,991.79
Prepared: 9/25/2009 05:11 PM by Vicki Ebner
Last Updated: 10/2/2009 09:44 AM by Vicki Ebner
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CITY OF IRVING
WHEREAS, the City of Irving was awarded $2,940,000.00 in Neighborhood Stabilization

Program funds from the Texas Department of Housing and Community Affairs, $930,680.00 in
Homelessness Prevention and Rapid Re-housing Program funds from the U.S. Department of Housing
and Urban Affairs, and $1,000,000.00 in Homelessness Prevention and Rapid Re-housing Program
funds from the Texas Department of Housing and Community Affairs; and
WHEREAS, these programs require adequate resources to deliver services to Irving residents;
and
WHEREAS, appropriate pay grades and job descriptions have been determined through
compensation and budgetary analysis;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves an amendment to the authorized Schedule of
Personnel for the Housing and Human Services Department which adds a Case
Worker position and an Intake Worker position, with said positions being authorized
for the duration of the grants funding these positions.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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The City of Irving’s Back on Track Homelessness Prevention and Rapid Re‐Housing Program
Overview:
The City of Irving has been allocated a total of $1,930,680 in two separate awards for the Homelessness
Prevention and Rapid Re‐Housing Program under the American Recovery and Reinvestment Act of 2009.
The program is designed to provide temporary financial assistance and housing relocation and
stabilization services to assist Irving residents who are or would be homeless without this assistance.
A total of $930,680 was allocated directly by the U.S. Department of Housing and Urban Development
through a formula allocation process. The City of Irving was successful in being allocated an additional
$1,000,000 by the Texas Department of Housing and Community Affairs (TDHCA) through its state wide
competitive application process.
Attachment: RES HPRP Personnel (2974 : 42 HPRP Personnel)

Approved HPRP Budgets
Financial Housing Data Administration Expenditure
Assistance Relocation Collection Deadlines
and and
Stabilization Evaluation
66% 100%
Federal $626,612 $211,000 $46,534 $46,534 July 20, July 20,
Allocation 2011 2012
$930,680
State $703,799 $225,000 $46,201 $25,000 August
Allocation 30, 2011
$1,000,000

Financial assistance includes the following activities: short‐term rental assistance (up to three months),
medium term rental assistance (up to one year in Irving program; up to 18 months allowable), security
deposits, utility deposits, utility payments, moving cost assistance, and motel or hotel vouchers (up to
30 days while awaiting arranged apartment).
According to federal HPRP guidance, housing relocation and stabilization services include the following
activities: case management, outreach (marketing), housing search and placement, legal services,
mediation, and credit repair.
Housing relocation and stabilization services are deemed to be a critical component of the program as
they provide services designed to keep people in housing or to find housing. The following specific
services are available to program participants through this aspect of the program:
 Case management: arranging, coordinating, monitoring and delivering services related to
meeting the housing needs of program participant and helping them obtain housing stability.
Component services may include: counseling; developing, securing and coordinating services;
monitoring and evaluating program participant progress; assuring the program participants’
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20.a
rights are protected; and developing individualized housing service plans, including a path to
permanent housing stability subsequent to HPRP financial assistance.
 Housing search and placement: locating, obtaining, and retaining suitable housing. Component
services may include: tenant counseling; assisting individuals and families to understand leases;
securing utilities’ making moving arrangements; representative payee services concerning rent
and utilities; and mediation and outreach to property owners related to locating or retaining
housing.
 Legal services: helping people stay in their homes, assisting program participants with legal
advice and representation in administrative or court proceedings related to tenant /landlord
matters or rental housing issues.
 Credit repair: assisting program participant with critical skills related to household budgeting,
money management, accessing free personal credit reports, and resolving personal credit

issues.
The City of Irving’s HPRP Program Design:
RFP Process
The City of Irving included HPRP federal applications with its regular, annual Emergency
Solutions Grant and Community Development Block Grant (public services) applications for FY
2009-10 which were due to the Housing and Human Services Department on May 8, 2009 and
which were recommended by the Housing and Human Services Department Board of Directors
and approved by City Council on July 23, 2009.
A total of four applications were received related to HPRP which are summarized below:
HPRP Application Summary

Application Urban League Salvation Army Irving Cares Legal Aid
Details
Total Requested $232,670 $175,000 $497,700 207,025
Categories of Salaries (1.8 Rent assistance Case management
Assistance positions) Security deposits salary
Audit costs* Utilities Rent (up to 3
Proposed Office rent * Hotel/motel vouchers months)
Case management Moving costs Utility assistance*
transportation & Bus vouchers*
phone
Client assistance
Office supplies* *Withdrew
*Ineligible items *Ineligible items application
Percentage of 43% 100% 92% 0%
Request for
Direct
Assistance
As shown above, the applicants for funding did not apply for the provision of longer term housing, and
Urban League was the only agency who would be willing to provide case management. As a result, HHS
staff made the decision to internalize the medium term housing (housing for up to a year) to ensure the
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20.a
provision of the service and to provide adequate supervision of the partner agencies. With the receipt
of funds from the State of Texas, federal funds can be reprogrammed to increase the allocations to the
partner agencies for short term assistance.
The expansion of the required supervision, reporting, and activities will be expedited through the use of
a central client entry point. Monthly and quarterly reporting deadlines range from 5 to 15 days, and
reporting will be completed through several programs. By centralizing this task, staff can ensure timely
and accurate reporting.
Program Delivery
Each of the grants provides funding for the case management and support to execute this program. The
current Contract Compliance Coordinator has experience in case management as well as the knowledge

base necessary to develop, administrate, and maintain the program. Staff is recommending that her
position be reclassified, for the duration of the grant, to a Homelessness Prevention Coordinator. She
will be responsible for the daily operation of the program, case management of Back‐on‐Track clients,
and the supervision of the case worker and intake worker positions.
To ensure the monitoring and contract requirements of the non‐homelessness related human services
are met, staff Is recommending that the Program Analyst position be moved to a Contract Compliance
Coordinator position. Both of these requested reclasses have been approved by the Reclass committee.
Staff is working with Strategic Resources for final approval of steps and grades. HHS Staff is working with
the Strategic Resources to evaluate possible compensation increases for these individuals.
Additionally, staff is requesting the addition of a Case Worker and an Intake Worker position. These
positions will be limited term City of Irving employees and will be funded through the homelessness
grants. The Intake Worker will also be funded in part from the Neighborhood Stabilization Program and
will provide intake assistance for both programs. The Reclass Committee approved the recommendation
to hire these two positions.
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2867

Recommending Department: Police LSR No: N/A
Resolution -- Renewing Annual Contract with GT Distributors, Inc., for

Police Body Armor
3. Impact: Body armor protection enables the City’s police officers to perform their
duties with a higher degree of safety and effectiveness.
4. This renewal establishes the continuation of an annual contract to provide body
armor. The original contract was awarded on the basis of competitive bids.
5. Pricing remains the same for this renewal in spite of increases from the
manufacturer.
Recommendation
Previous Action: RES 2008-532 Council Action: Approved Award
Comments: Service provided by the vendor is good; pricing remains the same and is
competitive. This is the first of two renewal options for #242M-09F in the total net estimated
amount of $82,200.16 for one year.

1001-0441-52401-200 Budget: $74,433.48 Est. Award: $74,433.48
Purchase orders will be issued as needed for annual contract.
Prepared: 8/17/2009 03:19 PM by Marsha Hughes
Last Updated: 9/23/2009 04:44 PM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with GT Distributors, Inc.,
in the net estimated amount of $74,433.48 for the period of November 1, 2009,
through September 30, 2010, and in the net estimated amount of $6,766.68 for the
period of October 1, 2010, through October 31, 2010, subject to funds being
appropriated in Fiscal Year 2010-11, for Police Body Armor, and awards the renewal
contract to said company in said amount, and authorizes the Mayor to execute any
necessary contract.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2956

Recommending Department: Police LSR No: N/A
Resolution -- Approving and Accepting the Bids of Sunbeam Foods, Inc.,

and Southern Foods Group dba Schepps Dairy for an Annual Contract to
Supply Prisoner Food
3. Impact: This service provides incarcerated prisoners with nutritious meals.
4. This award establishes annual contracts for the continuation of providing prisoner
food and utensils.
FY09-10 FY10-11 Total Annual
Vendor Group Est. Exp. Est. Exp. Est. Exp.
Sunbeam Foods, Inc. A $83,860.52 $7,623.68 $ 91,484.20
Southern Foods Group dba Schepps Dairy B $10,450.00 $ 950.00 $ 11,400.00
Total Estimated Amount $94,310.52 $8,573.68 $102,884.20
Recommendation
Comments: Purchasing sent solicitation notices to 30 vendors and received four responses. The low
bidders meet specifications and are recommended for award. The award for #234M-09F is in the total
net estimated amount of $102,884.20 for one year with two renewal options.
ATTACHMENTS:
Response Summary (PDF)

1001-0441-56901-200 Budget: $94,310.52 Est. Amount: $94,310.52
Purchase Orders will be issued as needed for annual contracts.
Prepared: 9/21/2009 11:32 AM by Marsha Hughes
Last Updated: 9/29/2009 12:15 PM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bids of Sunbeam Foods,
Inc., for Group A in the net estimated amount of $83,860.52 for the period of
November 1, 2009, through September 30, 2010, and in the net estimated amount of
$7,623.68 for the period of October 1, 2010, through October 31, 2010, subject to
funds being appropriated in Fiscal Year 2010-11, and Southern Foods Group dba
Schepps Dairy for Group B in the net estimated amount of $10,450.00 for the period
of November 1, 2009, through September 30, 2010, and in the net estimated amount
of $950.00 for the period of October 1, 2010, through October 31, 2010, subject to
funds being appropriated in Fiscal Year 2010-11, for Prisoner Food, 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. 1001-0441-56901-200 in
the total net estimated amount of $94,310.52.
__________________________________
Max S. Duplant, CPA
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on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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CITY OF IRVING
RESPONSE SUMMARY
PRISONER FOOD
BID NUMBER: 234M-09F
BID CLOSING DATE: August 18, 2009
PURCHASING AGENT: Marsha Hughes, 972.721.3754 *Recommended for Award
VENDORS Five Star Correctional Services, Inc. Ben E. Keith Company
Group A - Food Qty per Unit Price Total Case
Total Price
Qty per Unit Total Case
Total Price
Item Qty (cs) Description case of each Price case Price of Price
1 1,500 Frozen TV Dinners 12 $2.24 $26.88 $40,320.00 12 $1.74 $20.88 $31,320.00
2 1000 Frozen Pot Pies 24 $1.10 $26.40 $26,400.00 24 $0.83 $19.92 $19,920.00
3 450 Dry Cereal 96 $0.50 $48.00 $21,600.00 96 0.386 $37.06 $16,675.20
4 100 Sandwiches 60 $0.95 $57.00 $5,700.00 12 1.546 $18.55 $1,855.20
5 800 Fruit Bowls 36 $0.75 $27.00 $21,600.00 36 0.537 $19.33 $15,465.60
6 50 Plastic Spoons 1000 $0.03 $30.00 $1,500.00 1000 0.0123 $12.30 $615.00
7 25 Plastic Forks 1000 $0.03 $30.00 $750.00 1000 0.0120 $12.00 $300.00
8 55 8 oz Styro Cups 1000 $0.04 $40.00 $2,200.00 1000 0.0176 $17.60 $968.00
9 24 16 oz Styro Cups 500 $0.05 $25.00 $600.00 1000 0.0360 $36.00 $864.00
10 100 Chips 50 $0.25 $12.50 $1,250.00 104 0.291 $30.26 $3,026.40
11 375 Dinner rolls 32 $0.10 $3.20 $1,200.00 96 0.152 $14.59 $5,472.00
12 40 9 inch Plates 500 $0.06 $30.00 $1,200.00 500 0.0473 $23.65 $946.00
13 130 Drink Mix 72 $1.31 $94.32 $12,261.60 12 1.91 $22.92 $2,979.60
14 35 Sugar 3000 $0.02 $45.00 $1,575.00 2000 0.0053 $10.60 $371.00
Total Group A $138,156.60 $100,778.00
Discount $0.00 2% 30 days $2,015.56
Subtotal Group A $138,156.60 $98,762.44
Group B - Milk Left Blank $0.00
15 1,000 Homogenized milk, 1 pint $0.00 $0.00 20 0.7265 $14.53 $14,530.00
Total for Group B $0.00 $0.00 $14,530.00
DISCOUNT % 0% 30 days 2% 30 days
Subtotal Groups A & B $138,156.60 $290.60
Grand Total $138,156.60 $14,239.40
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Page 1 of 2
Attachment: Response Summary (2956 : 8P04 Prisoner Food)
CITY OF IRVING
RESPONSE SUMMARY
PRISONER FOOD
BID NUMBER: 234M-09F
BID CLOSING DATE: August 18, 2009
PURCHASING AGENT: Marsha Hughes, 972.721.3754
VENDORS *Sunbeam Foods *Southern Foods Group dba Schepps Dairy
Group A - Food Unit

Qty per Unit Price Total Case Qty per Total Case
Total Price Price of Total Price
Item Qty (cs) Description case of each Price case Price
each
1 1,500 Frozen TV Dinners 12 $1.55 $18.60 $27,900.00 $0.00 $0.00
2 1000 Frozen Pot Pies 24 $0.79 $18.96 $18,960.00 $0.00 $0.00
3 450 Dry Cereal 96 $0.29 $27.84 $12,528.00 $0.00 $0.00
4 100 Sandwiches 30 $0.98 $29.40 $2,940.00 $0.00 $0.00
5 800 Fruit Bowls 24 $0.78 $18.72 $14,976.00 $0.00 $0.00
6 50 Plastic Spoons 1000 $0.01 $9.00 $450.00 $0.00 $0.00
7 25 Plastic Forks 1000 $0.01 $9.00 $225.00 $0.00 $0.00
8 55 8 oz Styro Cups 1000 $0.02 $20.00 $1,100.00 $0.00 $0.00
9 24 16 oz Styro Cups 1000 $0.02 $20.00 $480.00 $0.00 $0.00
10 100 Chips 104 $0.31 $32.24 $3,224.00 $0.00 $0.00
11 375 Dinner rolls 120 $0.16 $19.20 $7,200.00 $0.00 $0.00
12 40 9 inch Plates 500 $0.04 $20.00 $800.00 $0.00 $0.00
13 130 Drink Mix 12 $1.75 $21.00 $2,730.00 $0.00 $0.00
14 35 Sugar 2000 $0.006 $12.00 $420.00 $0.00 $0.00
Total Group A $93,933.00 $0.00
Discount $0.00 21 days $0.00
Subtotal Group A $93,933.00 $0.00
Group B - Milk N/A $0.00
15 1,000 Homogenized milk, 1 pint $0.00 $0.00 20 0.57 $11.40 $11,400.00
Total for Group B $0.00 $0.00 $11,400.00
DISCOUNT % 0% 30 days 21 days
Subtotal Groups A & B $93,933.00 $11,400.00
Packet Pg. 222
Grand Total $93,933.00 $11,400.00
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Attachment: Response Summary (2956 : 8P04 Prisoner Food)
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2953

Recommending Department: Information Technology LSR No: 10122
Resolution -- Approving an Addendum with Information Builders, Inc., for

Phase II of the Business Intelligence Reporting System Project
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 6: Effective
Communications.
2. This item has been recommended by Information Technology and it is a Strategic
Project/Task approved by the Technology Review Committee and supported by
Fire, Financial Services, Strategic Resources, and Water Utilities.
3. Impact: Phase II will allow the City, through the City’s Web site, to provide timely
information and reports that impact the daily lives of our residents, visitors, and
businesses.
4. Phase II is in three components: 1) provides Web site access for specific timely
reports, such as traffic congestion problems, crime statistics in specific areas,
capital improvement projects status/plans for the day, etc.; 2) provides reports in
mobile technology format for access with Blackberries or other mobile devices; and
3) enhances performance goal management.
6. Funding in the net amount of $183,944.00 is available in the Technology Fund.
Recommendation
Contract Required: Yes Review Completed By: Carrie J. Morris
Previous Action: RES-2009-391 Council Action: Awarded Agreement
Comments: Purchasing assigned 010D-10F to this addendum. The original award was approved by
Irving Council on September 3, 2009, to Information Builders, Inc., the highest scoring proposer based on
evaluation criteria established in the RFP processed through Purchasing.
ATTACHMENTS:
RES License Rider Agreement (PDF)

6036-2310-76901-999176 Budget: $200,000.00 Actual: $183,944.00
P0182811 - Amount will be added to PO after rollover to Fiscal Year 2009-10.
Prepared: 9/20/2009 04:37 PM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves an addendum to the contract with
Information Builders, Inc., in the amount of $183,944.00 for Phase II of the Business
Intelligence Reporting System Project, and the Mayor is authorized to execute the
attached addendum.

__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2954

Recommending Department: Information Technology LSR No: N/A
Resolution -- Awarding Single Source Award to ESRI for Software

Maintenance for the ESRI Geographic Information System
1. This item supports Strategic Goal No. 9: Irving’s Infrastructure.
2. This item has been recommended by Information Technology and it is a
Maintenance/Support Task approved by the Technology Review Committee.
3. Impact: This maintenance agreement keeps the City’s GIS software running
efficiently. GIS is the software currently used to produce maps, deliver information
to the public, and solve issues through geographical analysis.
4. ESRI is the developer and designer of our current GIS software and is the single
source provider of the maintenance.
through October 30, 2010; in the net estimated amount of $74,961.78 for the period
of October 31, 2010, through October 30, 2011; and in the net estimated amount of
$78,709.78 for the period of October 31, 2011, through October 30, 2012, is
available in the General Fund, subject to funds being appropriated in Fiscal Years
2010-11 and 2011-12.
Recommendation
Comments: The software maintenance award for 009D-09F is in the total net estimated
amount of $225,063.34 for three years.
ATTACHMENTS:
Vendor Single Source Letter (PDF)

1001-2310-551501-100 Budget: $71,391.78 Actual: $71,391.76
PO will be issued when Fiscal Year 2009-10 funds are loaded into Banner.
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the single source award to ESRI in the net
amount of $71,391.78 for the period of October 31, 2009, through October 30, 2010;
in the net estimated amount of $74,961.78 for the period of October 31, 2010, through
October 30, 2011; and in the net estimated amount of $78,709.78 for the period of
October 31, 2011, through October 30, 2012, subject to funds being appropriated in
Fiscal Years 2010-11 and 2011-12, for Software Maintenance for the ESRI
Geographic Information System, and awards the contract to said company in said
amount, and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Vendor Single Source Letter (2954 : 30P23 AWD Maint for ESRI GIS Software)
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2947

Recommending Department: Fire LSR No: 10112
Resolution -- Renewing Contract for Control of Communicable Disease

Services through an Interlocal Agreement with Dallas County Health and
Human Services
3. Impact: Providing free preventive health services promotes a healthier lifestyle and
improved quality of life for Irving residents.
4. This renewal establishes the continuation of an annual contract to provide control of
communicable disease services. This contract includes services for tuberculosis
control, sexually transmitted diseases, laboratory tests, immunizations, and well-
baby exams.
5. As part of the contract, the City provides space at 440 N. Nursery Road for clinical
operations for this program, in which approximately 14,085 residents received
services in 2008.
Recommendation
Previous Action: RES 2008-589 Council Action: Approved renewal
Comments: Purchasing assigned #012M-10F for tracking purposes.
ATTACHMENTS:
RES Contract for Services (PDF)

1001-0512-56401-300 Budget: $81,906.00 Actual: $81,906.00
Purchase Order will be issued when Fiscal Year 2009-10 funds are appropriated.
Prepared: 9/18/2009 11:07 AM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Dallas County Health
and Human Services in the net amount of $81,906.00 for the period of October 1,
2009, through September 30, 2010, for Control of Communicable Disease Services,
and the Mayor is authorized to execute the attached contract.
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Contract for Services (2947 : 30P05 Annual Awd Control of Communicable Disease)
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2957

Resolution -- Renewing Annual Agreement with The University of Texas

Southwestern Medical Center at Dallas for Continuing Education Services
for Emergency Medical Technicians (EMTs) and Paramedics
3. Impact: These services ensure that all Irving Fire Department EMTs and
paramedics have the training hours required to meet State certification.
4. This renewal establishes the continuation of an annual contract to provide
continuing education hours and training as defined by the Biotel EMS System and
UT Southwestern Medical Program.
Recommendation
Previous Action: 2008-535 Council Action: Approved renewal
Comments: Purchasing has assigned #013M-10F for tracking purposes. The entire amount
is due within 90 days of invoice and will be paid in the 2009-10 fiscal year.
ATTACHMENTS:

1001-0582-56401-300 Budget: $93,569.00 Actual: $93,569.00
Purchase Order will be issued when Fiscal Year 2009-10 funds are appropriated.
Last Updated: 10/2/2009 11:20 AM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with The University of
Texas Southwestern Medical Center at Dallas in the net amount of $93,569.00 for the
period of October 1, 2009, through September 30, 2010, for Continuing Education
Services for Emergency Medical Technicians and Paramedics, and the Mayor is
authorized to execute attached contract.
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Contract for Services (2957 : 8P05 Continuing Education Services)
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2950

Resolution -- Renewing Annual Contract with The University of Texas

Southwestern Medical Center at Dallas for Medical Direction and Quality
Assurance Services for Emergency Medical Technicians (EMTs) and
Paramedics
3. Impact: By operating under the medical license and guidance of a qualified
physician, the paramedics of the Irving Fire Department can provide the highest
level of quality patient care for the community. The use of a quality assurance
program provides the necessary feedback to meet this important goal.
4. This award establishes an annual contract for the continuation of providing medical
direction and quality assurance services required for the Fire Department to comply
with Texas Department of Health EMS recertification rules. These services are for
all paramedics and EMTs authorized for clinical performance in the UT
Southwestern Medical Program and the BioTel EMS system.
Recommendation
Previous Action: RES 2008-561 Council Action: Approved renewal
Comments: Purchasing has assigned #011M-10F for tracking purposes. The total amount will be
paid in the current fiscal year.
ATTACHMENTS:

1001-0582-56401-300 Budget: $5,697.74 Actual: $5,697.74
Purchase Order will be issued when Fiscal Year 2009-10 funds are appropriated
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with The University of
Texas Southwestern Medical Center at Dallas in the net amount of $5,697.74 for the
period of October 1, 2009, through September 30, 2010, for Medical Direction and
Quality Assurance Services for Emergency Medical Technicians and Paramedics, and
the Mayor is authorized to execute the attached contract.
__________________________________
Max S. Duplant, CPA
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Contract for Services (2950 : 30P05 Medical Direction and Quality Assurance)
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2955

Recommending Department: Street Operations LSR No: N/A
Resolution -- Approving Award to Equipment Southwest, Inc., for Street

Sweepers, through the State of Texas Local Government Statewide
Cooperative Purchasing Program Administered by the Texas Association
of School Boards (the BuyBoard Program)
2. This item has been recommended by Street Operations and approved by
Intergovernmental Services.
3. Impact: These sweepers help keep the City compliant with the Municipal Drainage
Utility permits by removing debris before it gets into our storm drain systems and
water systems. Keeping our streets clean improves quality of life for residents and
visitors.
4. This purchase is for two 2010 Allianz Vacuum Sweepers, each mounted on a 2009
Isuzu Chassis. These are budgeted replacements for City Tags No. 18071 and No.
18072, two 1999 Elgin Sweepers, which are being retired in accordance with the
City’s equipment replacement policy.
5. Funding in the net amount of $456,624.00 is available in the Equipment
Replacement Fund.
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 #008D-10F to this item for tracking
purposes. Delivery of these units is estimated to be 90 days after receipt of order.
ATTACHMENTS:
Vendor Pricing Summary (PDF)
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6604-4130-75401-9100 Budget: $532,000.00 Actual: $456,624.00
PO will be issued when Fiscal Year 2009-10 funds are loaded into Banner.
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Equipment Southwest,
Inc., in the net amount of $456,624.00 for street sweepers, 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
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Vendor Pricing Summary (2955 : 30P18 AWD for two Replacement Sweepers)
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2987

Recommending Department: Strategic Resources LSR No: N/A
Ordinance -- Amending Chapter 27A Entitled “Personnel” of The Code of

Civil and Criminal Ordinances of the City of Irving, Texas, Relating to
Education Incentive Pay and Certification Incentive Pay for Eligible Police
and Fire Civil Service Personnel
2. Impact: Certain special pay categories relating to education incentive pay and
certification incentive pay were enhanced as part of the Fiscal Year 2009-10 budget
process in order for salaries and benefits to remain competitive with our benchmark
cities.
Recommendation
Previous Action: Ord. 2008-3997 Council Action: Amendment adopted.

NONE
Prepared: 10/2/2009 09:55 AM by Belinda Rowlett
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ORDINANCE NO. (ID # 2987)
AN ORDINANCE AMENDING SECTION 27A-58 OF CHAPTER 27A ENTITLED “PERSONNEL”

OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS,
RELATING TO EDUCATION INCENTIVE PAY AND CERTIFICATION INCENTIVE PAY FOR
ELIGIBLE POLICE AND FIRE CIVIL SERVICE PERSONNEL; AND PROVIDING FOR A
SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION 1. That Section 27A-58 of Chapter 27A entitled “Personnel” of The Code of Civil
and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows:
Sec. 27A-58. Eligibility.
(a) Members of the Irving Police Department and the Irving Fire Department appointed to
positions in substantial compliance with Chapter 143 of the Texas Local Government Code are eligible
employees of the city to participate in the education incentive pay program and/or the certification
incentive pay program.
(b) Members of the Irving Police Department appointed to positions in substantial compliance
with Chapter 143 of the Texas Local Government Code are eligible employees of the city to participate
in the fitness incentive pay program and/or the shift differential pay program.
SECTION 2. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2417

Recommending Department: Financial Services LSR No: 9772
Ordinance -- First Reading - Amending Chapter 52 “Water and Sewer

Rates” of the Code of Civil and Criminal Ordinances of the City of Irving,
Texas, Providing for a Waiver of Deposit; Providing for Cost Recovery
Related to Utility Services Disconnections
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
2. Impact: The amended ordinance will enhance cost recovery based on Lean Six
Sigma revisions to the collection process affecting utility customers with delinquent
accounts.
3. The following fee changes are recommended as a cost recovery mechanism
relating to those customers who chose to not pay their bills as required and/or steal
service by bypassing our system. The ordinance includes a $25.00 collection
charge for all customers whose accounts are 30 days or more past due as of 5:00
p.m. the day before the disconnect date; $50.00 charge for unauthorized use of
services; $50.00 charge to have services (re)connected after normal operating
hours; and $15.00 charge for excessive trip charges in attempting to (re)connect
services. In addition, a 10 percent late penalty will be assessed on the total past
due balance for bills not paid by 5:00 p.m. on the due date.
4. A waiver of deposit will be provided to all customers utilizing automatic draft services
with a minimum 12 month commitment.
5. Along with significant cost savings, annual cost recovery is anticipated to increase
approximately $387,493.00 and will be allocated to the Water and Sewer System
Fund.
Recommendation
This is the first of two required readings to the council for this item

N/A
Prepared: 2/12/2009 05:12 PM by Winnie Hunter
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AN ORDINANCE AMENDING CHAPTER 52 ENTITLED “WATER AND SEWER RATES” OF THE CODE
OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, PROVIDING FOR A
WAIVER OF DEPOSIT; PROVIDING FOR COST RECOVERY FOR DELINQUENT ACCOUNTS; AND
PROVIDING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION 1. That subsection (b) of Section 52-7 “Deposits” of Chapter 52 of The Code of Civil and
Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows:
(b) Exceptions to the requirement of a security deposit or refunds of security deposits for current accounts.
Accounts may be excused from the requirement of a security deposit, if the conditions set out in the sections
below are met.
(1) Exception to the requirement of a deposit for new customers over 65 years of age. New customers over
65 years of age may be excused from the requirement of a security deposit if they present evidence of
their age, established credit (such as one credit card or credit account) or that they have fully paid their
account with another municipal water utility or another utility company.
(2) Other accounts—Exception to the requirement of a deposit. This category does not include multi-family
master-metered accounts or hotels/motels. An account in this category may be excused from the
requirement of a security deposit if all of the conditions set out in one of the sections below are met:
a. The customer is establishing an account and has had an account for similar service with the City of
Irving which has been active for a minimum of 12 months and the account is current, the account has
not been disconnected during the past 12 months, there have not been more than 2 delinquent
payments during the last 12 months, and there have not been any checks or electronic debits that
were dishonored by the customer’s bank.
b. The customer has had a similar type account within the past 3 years for a minimum of 12 months and
their final bill was paid in full, i.e., there is nothing due on the account, the service on the account
was not disconnected for nonpayment during the last 12 months of service, there were no more than
2 delinquent payments during the last 12 months of service, and no checks or electronic debits were
dishonored by the customer’s bank.
c. The customer applies for and is approved to have monthly payments automatically deducted from
their banking account for a minimum of 12 months.
(3) Refunds for current accounts. Single-family residential customers who have had their current account
with the City of Irving for a minimum of 12 months and who have had no more than 2 delinquent
payments (bill paid after due date), who have not had any checks or electronic debits dishonored by the
customer’s bank and are not currently delinquent shall be eligible to have their security deposit refunded
by a credit applied to the utility bill no later than December 31 of the yearly period in which the
customer is entitled to refund.
SECTION 2. That subsection (b) of Section 52-8 “Due date and discontinuance of service” of Chapter
52 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as
follows:
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(b) Penalty. Bills not paid by the due date will be assessed a penalty of 10 percent of the total past due
balance.
SECTION 3. That subsection (d) of Section 52-8 “Due date and discontinuance of service” of Chapter
follows:
(d) Unless ineligible to receive a certificate of occupancy, service will be resumed to any person, firm,
corporation, or customer whose service has been discontinued upon payment of the overdue bill, plus the 10
percent penalty, plus payment of the applicable deposit, plus an additional amount to recover the cost of
disconnecting and resuming service as follows:
(1) Twenty-five dollars if balance of account is not paid in full by 5:00 p.m. the day before the cut off date
noted on the bill.
(2) Fifty dollars for each field contact related to the nonpayment of services resulting in locking the meter or
the removal of the meter or any unauthorized device being used to obtain water illegally.
(3) Additional charges equal to the cost of parts and labor will be assessed to a customer for damage to the
meter, locking device, and/or connection resulting from an attempt to reconnect water service by anyone
other than a city employee.
(4) Fifty dollars for a request to resume services outside of normal operating hours, to be paid prior to
reconnection of service or shall be added to the customer’s account.
(5) Fifteen dollars for each attempt, in excess of two, to reconnect services shall be added to the customer’s
account.
SECTION 4. That subsection (e) of Section 52-8 “Due date and discontinuance of service” of Chapter
follows:
(e) Additional charges may be assessed as part of the city’s attempts to recover charges and penalties due.
These charges are as follows:
(1) Fourteen dollars for each nonfield contact initiated by city personnel related to the nonpayment of
services including the mailing of both certified and noncertified letters and the posting of notification of
scheduled disconnect for nonpayment.
(2) One hundred sixty dollars for costs associated with recording notices of lien for delinquent
utility services as provided for in section 41-11.
(3) Thirty-six dollars for costs associated with recording a release of lien upon recovery of
delinquent charges and penalties.
(4) Penalties or fees associated with the recovery of utility bill charges through the service of a
collection agency employed by the city.
(5) Resident displacement fees of $500.00 per unit for each unit affected by a discontinuance of
water service for nonpayment and which is occupied on the date the service is discontinued.
Such fees shall be waived for each unit where the residents did not move out provided the
building inspector affirms in writing, within 48 hours of the discontinuance, that the multi-
family complex has been brought up to code and is eligible to receive a certificate of occupancy.
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SECTION 5. That Section 52-16 of Chapter 52 of The Code of Civil and Criminal Ordinances of the
City of Irving, Texas, is hereby amended to read as follows:
Sec. 52-16. Connection of new service.
A connection charge shall be assessed to any person receiving services upon application for initial
commencement of service, or upon application for any transfer of service from one name or address to another.
Such fee is a nonrefundable fee to cover the cost of establishing service. If more than 1 account is involved in an
initial establishment or subsequent transfer, the fee shall be paid for each account involved. The fee shall be
assessed as follows:
Standard Fee ....................................................................................................... $ 15.00

Next Day ............................................................................................................ 20.00
Same Day ........................................................................................................... 30.00
Such fee(s) shall be paid by each applicant for service or transfer of service at the time of submission of such
application, and prior to connection or transfer of service; or shall be added to the customer’s account. A fee of
$15.00 for each attempt, in excess of two, to connect services shall be added to the customer’s account.
SECTION 6. That the new fees established by this ordinance shall take effect for charges assessed
beginning November 1, 2009, however, prior fees shall remain in effect to said date.
SECTION 7. That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be declared to be
invalid, the same shall not affect the validity of any other section, subsection, sentence, clause, or phrase of this
ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
first reading on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
second and final reading on October 22, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
___________________________
City Secretary
___________________________
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Charles R. Anderson
City Attorney
J:\Agenda\Ordinances\Water Utilities\CH 52 Revisions - First Reading - LSS Only 10-8-09 FINAL.doc
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Attachment: ZoningCases&CompanionItems (2980 : ZCaseAndCompItem)
31
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2917

Recommending Department: Planning & Inspections LSR No: N/A
Resolution -- Approving Final Plat - The Enclave at TPC Las Colinas, Phase
1 and 3, Revised Final Plat - Approximately 0.562 Acres Located at 4545
and 4549 Byron Circle - Surveying Associates, Applicant - Anne Ingwalson,
Owner
8, 2009 – Technical Denial
3. The applicant is requesting to replat two lots into one lot for residential use.
4. The following exception to the Subdivision Ordinance requires this case to be
forwarded to the City Council for action:
• Section 35-25 of the Subdivision Ordinance requires all private streets to be
approved by the City Council. Byron Circle is a private street.
5. The plat complies with all other requirement of the Subdivision Ordinance.
6. Public notices were sent to twenty-three (23) property owners, with no letters in
support or opposition received.
Recommendation
ATTACHMENTS:
A: City Council Memo (PDF)
B: September 8, 2009 Planning and Zoning Meeting Minutes (PDF)
C: Plat Map (PDF)

NONE
Prepared: 9/8/2009 09:40 AM by Sharon Brown
Last Updated: 9/28/2009 09:59 AM by Steven Reed
Packet Pg. 271

31
CITY OF IRVING

SECTION I. THAT the Final Plat – The Enclave at TPC Las Colinas, Phase 1 and 3, Revised - be
and is hereby approved with the following stipulation:
(1) That said Final Plat shall be filed of record with the Dallas County Clerk
and Recorder and evidence of said recorded plat shall be furnished to the
Director of Planning and Inspections, City of Irving.
SECTION II. THAT this resolution shall serve as a certificate under Section 212.0115, Texas Local
Government Code, that this plat has been reviewed and approved by the City Council,
the authority for approving this plat.
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 272

31.a
Packet Pg. 273

Attachment: A: City Council Memo (2917 : 11 PL09-0032)
31.b
Packet Pg. 274

Attachment: B: September 8, 2009 Planning and Zoning Meeting Minutes (2917 : 11 PL09-0032)
31.c
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Attachment: C: Plat Map (2917 : 11 PL09-0032)

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Packet Pg. 275

32
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2902

Ordinance -- Zoning Case #ZC09-0045 - Granting S-P-1 (Detailed Site Plan)

for Retail, Restaurant and Office Uses - Approximately 0.28 Acres Located
at 2201 Cheyenne Street - Ali Bary, Owner/Applicant
8, 2009 – Favorable 5-0, with the stipulation that the site plan be revised to show
one large tree instead of two smaller trees (Commissioners Spurlock, LaRose,
Urias and Randall, absent).
3. The applicant is requesting to rezone the property for retail, restaurant and office
uses.
4. The Comprehensive Plan recommends Retail uses for this property. This request is
in conformance with the Comprehensive Plan.
5. This property is currently developed with a single story building. The applicant is
wishing to rezone the property to use the existing building for retail uses.
6. This property was rezoned in 1990 for a restaurant with alcoholic beverage sales
with 17 parking spaces. The current owner would like to use the existing building
for retail with the parking as shown on the site plan.
7. The applicant is proposing to add one tree and four shrubs along Cheyenne Street,
and refinish and repaint the metal awning with a color that matches or is consistent
with the color of the buildings to the south and west.
8. Staff can support this case with the proposed retail, restaurant and office uses as
the only permitted uses for this property.
9. The stipulation of the Commission has been met.
10. Public notices were sent to nine (9) property owners, with one letter in support and
none in opposition received.
Recommendation
Commission.
ATTACHMENTS:
Packet Pg. 276

32
• A: City Council Memo (PDF)

• B: September 8, 2009 Planning and Zoning Meeting Minutes (PDF)
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
• F: Site Plan (PDF)
• G: Public Comment Form in Support (PDF)

NONE
Prepared: 8/31/2009 05:02 PM by Sharon Brown
-2-
Packet Pg. 277
32
ZONING CASE NO. ZC09-0045

ZONING CLASSIFICATION – S-P-1
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING

ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE JACKSON AND
BLANTON ADDITION AND LOCATED AT 2201 CHEYENNE STREET, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM S-P-1 (R-AB) SITE PLAN DISTRICT USE FOR
RESTAURANT WITH ATTENDANT ACCESSORY USE OF THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISES CONSUMPTION UNDER SECTION 52-49 OF ORDINANCE
NO. 1144, AS AMENDED, TO S-P-1 SITE PLAN DISTRICT USE FOR RETAIL, RESTAURANT,
AND OFFICE USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN
ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR SPECIAL
CONDITIONS AND REGULATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL
ZONING MAP ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE
WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE
DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES
OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A
PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
-1-
Packet Pg. 278
32
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as retail, restaurant, and office uses with a site plan attached will further
lessen the congestion in the streets; help secure safety from fire, panics, floods, and other dangers;
promote health and general welfare; provide adequate light and air; prevent the overcrowding of land;
avoid undue concentration of population; facilitate the adequate provisions of transportation, water,
sewers, schools, drainage and surface water, parks and other public requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lot 10, Block A, Jackson and Blanton Addition
which is presently zoned S-P-1 (R-AB) Site Plan District Use for restaurant with attendant accessory
use of the sale of alcoholic beverages for on-premises consumption under Section 52-49 of Ordinance
No. 1144, is changed to S-P-1 Site Plan District Use for retail, restaurant, and office uses under
Ordinance No. 1144, subject to all the requirements of Ordinance No. 1144 and subject to all the
requirements and conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
-2-
Packet Pg. 279
32
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
-3-
Packet Pg. 280
32
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 281
32.a
Packet Pg. 282

Attachment: A: City Council Memo (2902 : 11 ZC09-0045)
32.a
Packet Pg. 283

32.b
Packet Pg. 284

Attachment: B: September 8, 2009 Planning and Zoning Meeting Minutes (2902 : 11 ZC09-0045)
32.c
Attachment: C: Vicinity Map (2902 : 11 ZC09-0045)

Vicinity Map
Zoning Case City 0'( Irving
No. ZC09-0045 __-====:::::J' Ft-el
D;;,. A.Jg 26, 2009 o e.lOO '3000
Packet Pg. 285

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Attachment: D: Surrounding Zoning Map (2902 : 11 ZC09-0045)

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Surrounding Zoning Map

Zoning Case
City of Irving ~N
No. ZC09-D045
Packet Pg. 286

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YELLOWSTONE ST
Attachment: E: Property Owner Notification Map and List (2902 : 11 ZC09-0045)

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Property Owner Notification Map

Zoning Case
City of Irving I~N
No. lC09-0045
Oat" Aug, 26 :1000
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Address Line 11
1 32257500 _ LQ TX PPTIES LP "loLA QUINTA CORP
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4 65106880010120000 ALLEN RUSS
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B 322164000A01 R9900 F & R INC
9 ,325649200,0.'0010000 I WA L MART ReAL .e5TA liE % WAL-MART PPTY TAX DEPT
Property Owner Notification List

Zoning Case City of Irving
No. ZC09-0045
Page 1 of 1
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PUBLIC COMMENT FORM ITEM NUMBER

(Please typa or use black ink)
'",..'&~=
Department of Pia . 9 and Inspections p 8< z COMMISSION
PO Box 1522
Irving, Te 75015-2288
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0045.
I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC09-0045.
Date, Location & Time of:
Attachment: G: Public Comment Form in Support (2902 : 11 ZC09-0045)

PLANNING 8< ZONING
COMMISSION MEETING: September 8, 2009, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texas
CITY COUNCIL MEETING: September 17, 2009, 7 p.m.

City Hall, 825 W. Irving Blvd., Irving, Texas
Name:
(please print)
Address: 2-2(q
Tax Account (DCAD) Number t;j

Jt?v IhJ'=j , 7,2(
7 :OVb'2...
(if shown on enclosed m a p ) ::£hool 0;:;; 7 Qo() 0
Signature: -~",-"",,:{L4-;.L-------------
Date: q-?·u/,
Phone (optional): WII) qtJ"l- r '(1(2
Please provide comments explaining the reasons for your support or opposition:
RECEnlEDL-_ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _---,,,-SE_P.:,.O:.-B2OOJI~'_ _
PI Department at
annmg and Inspect;oD5
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Packet Pg. 290

33
AGENDA ITEM SUMMARY
Meeting: 10/8/2009 DOC ID: 2903

Ordinance -- Zoning Case #ZC09-0048 - Granting S-P-2 (Generalized Site

Plan) for C-C (Community Commercial) Uses - Approximately 9.8107 Acres
Located at the Southwest Corner of Esters and Rochelle Road - City of
Irving, Owner/Applicant
1. This item supports Strategic Goal No. 1: Land Use and
Strategic Goal No. 7: Cultural, Recreational and Educational Environments.
8, 2009 – Favorable 5-0; (Commissioners Spurlock, LaRose, Urias and Randall,
absent).
3. The applicant is requesting to rezone the property for government, public
recreation, and related uses.
4. The property is currently partially developed with Fire Station No. 6 and a water
tower. The applicant is rezoning the property to develop the vacant portion of the
property with a new branch library. The rezoning is necessary to eliminate a
setback line adjacent to the water tower shown on the current zoning site plan.
Eliminating the setback line will maximize the area available for development for the
new library.
5. A replat has been submitted and is pending approval of this zoning case.
6. Public notices were sent to twenty-two (22) property owners, with two (2) letters
received in support and none in opposition.
Recommendation
Commission.
ATTACHMENTS:
• A: City Council Memo (PDF)
• B: September 8, 2009 Planning and Zoning Meeting Minutes (PDF)
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
Packet Pg. 291

33
• F: Site Plan (PDF)

• G: Public Comment Form in Support (PDF)
• H: Additional Public Comment Form in Support (PDF)

NONE
Prepared: 8/31/2009 05:14 PM by Sharon Brown
-2-
Packet Pg. 292
33
ZONING CASE NO. ZC09-0048

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

ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF FIRE STATION NO. 6
ADDITION AND FIRE STATION NO. 6, PHASE II ADDITION AND LOCATED AT
SOUTHWEST CORNER OF ESTERS ROAD AND ROCHELLE ROAD, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM S-P-2 SITE PLAN DISTRICT USE FOR C-C USES AND S-
P-2 SITE PLAN DISTRICT USE FOR FWY USES UNDER ORDINANCE NO. 1144, AS
AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR C-C USES UNDER ORDINANCE NO.
1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO
LAND USE; CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO.
1144; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE
PURPOSE OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE;
PROVIDING THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE
ZONING ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
-1-
Packet Pg. 293
33
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as C-C uses with a site plan attached will further lessen the congestion
in the streets; help secure safety from fire, panics, floods, and other dangers; promote health and
general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitate the adequate provisions of transportation, water, sewers, schools,
drainage and surface water, parks and other public requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Fire Station No. 6 Addition and Lot 1, Block A, Fire Station No. 6, Phase II Addition
which is presently zoned S-P-2 Site Plan District Use for C-C uses and S-P-2 Site Plan District Use for
FWY uses under Ordinance No. 1144, is changed to S-P-2 Site Plan District Use for C-C uses under
Ordinance No. 1144, subject to all the requirements of Ordinance No. 1144 and subject to all the
requirements and conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
-2-
Packet Pg. 294
33
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
-3-
Packet Pg. 295
33
on October 8, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 296
33.a
Packet Pg. 297

33.b
Packet Pg. 298

Attachment: B: September 8, 2009 Planning and Zoning Meeting Minutes (2903 : 11 ZC09-0048)
33.c
Attachment: C: Vicinity Map (2903 : 11 ZC09-0048)

Vicinity Map
Zoning Case
City of Irving 6 N
No. ZC09-0048 __-=::::::::11 rL:vt
Datff Au 6,5000 n,i'}{lO
Packet Pg. 299

33.d
Attachment: D: Surrounding Zoning Map (2903 : 11 ZC09-0048)

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Surrounding Zoning Map

Zoning Case
City of Irving
No. ZC09-0048
Oate 0:1. 2. 2009
Packet Pg. 300

33.e

Property Under
Considerati,on
For Rezoning
200 Ft
Notification
TACOMAST
Boundary
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Property Owner Notification Map

City of Irving ,~
Zoning Case N
No. lC09-0048 _ _C::::::::JI F8:ct
Date Sep 9 2009 o 100 100
Packet Pg. 301

33.e

# 'DCAD_ID Owner Name Address Line 1
1 32354500090030000 ZIB.KE PETffi
2 32354500090070000 lRl,VffiA RAMIRO G
--- 3'32354500090060000 MCDONALD WILLIE KARY
4 32038100010010000 GIBRALTAR LAND ~DEVaOPMffliT LLC
5 32354500Q90100000 MORALES :MARCO V
6 321195600A0010000 IIRVING CITY OF RE: ARE/POLICE DRIV TRN
7 32354500090090000 GARZA t-tOM ER A & !'IDA W
8 325615200A0010000 AMCO FOOD SERVICES LLC
9 32354500080020000 GOHL CHRISTOPHER MICHAEL
10 65106578510010100 RENDA OSCAR
11 32354500090080000 BERCIAN JOSE B
12.32354500080010000 QADRI SYEDM
13 32354500090040000 GARCIA. JIJANI& ANGELICA
14 32354500090140000 CERDA PIRIO & 'NANCY
15·3~354500090010000 ARREOLA .!JUAN C & MARIA GARC!A
16 32354500090020000 RAM IRel ANTONIO JR
-----
1~ 32119490000010000 IRVING CITy·OF RE:RRE 5']:"AliON #6
18 32354500090130000 6l,.ACK JEFFREY WA YNE -_._. -
19 32354500Q90050000 MALDONADO SILVIN'A & JAIM IE B REYES
20 322317100A001QQOO NORTH AM'ffiJCAN ISLAMIC TR
21 32355500170360000 -I VARGAS JOE ILORENZ & AMB..IA cRuz
22 <Null> CIT\\' OF IRVING --
"/oVIVIAN aA.!,.LOl!J
Property Owner Notification List

Zoning Case City of Irving
No. ZC09-0048
Page 1 of 1 Dale: Sep, 9, Z0CI9
Packet Pg. 302

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FOR C-C USES
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AUG 3 : 2009
Depaitrnenl of, ,
Planning and Inspections
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33.g
PUBLIC COMMENT FORM

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

PO Box 152266
Irving, Texas 75015-2288
v I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#lC09-0046.
I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC09-0046.
Attachment: G: Public Comment Form in Support (2903 : 11 ZC09-0048)

Date, Location & Time of:
PLANNING & ZONING

COMMISSION MEETING: September 6, 2009, 7 p.m.
City Han, 625 W. Irving Blvd.. Irving, Texas
CITY COUNCIL MEETING: September 17, 2009, 7 p.m.
City Han, 625 W. Irving BlVd., Irving, Texas
Name:
Address:
Tax Account (DCAD) Number

(if shown on enclosed map):
Signature:
Date:
Phone (optional):
Please provide comments explaining the reasons for your support or oppo8ition:
::LvJ\' '")'''- _
________~o=------
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pepartg'f~ip~cuons Packet Pg. 304

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33.h
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Attachment: H: Additional Public Comment Form in Support (2903 : 11 ZC09-0048)

Final Agenda Meeting of The Irving City Council Thursday, October

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Final Agenda Meeting of The Irving City Council Thursday, October

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, OCTOBER 8, 2009

825 WEST IRVING BOULEVARD

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

Reverend Leon Adkins, Berean Memorial Church

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 35

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

City Council Agenda 10/8/2009 1

2 Approving Minutes for Wednesday, September 23, 2009

3 Approving Minutes for Thursday, September 24, 2009

4 Resolution -- Approving and Adopting the Tarrant County 9-1-1 District

5 Resolution -- Approving a Contract Between the City of Irving and the

City Council Agenda 10/08/2009 2

City Council Agenda 10/08/2009 3

8 Resolution -- Reimbursing the City of Irving for Capital Expenditures for

City Council Agenda 10/08/2009 4

City Council Agenda 10/08/2009 5

City Council Agenda 10/08/2009 6

City Council Agenda 10/08/2009 7

13 Resolution -- Supporting the Everest Heights Mixed-Use Development

City Council Agenda 10/08/2009 8

15 Resolution -- Approving a Fee Agreement with Dean International, Inc., for

City Council Agenda 10/08/2009 9

17 Resolution -- Approving a Professional Services Agreement for

City Council Agenda 10/08/2009 10

19 Resolution -- Authorizing the Mayor to Accept American Recovery and

City Council Agenda 10/08/2009 11

City Council Agenda 10/08/2009 12

21 Resolution -- Renewing Annual Contract with GT Distributors, Inc., for

City Council Agenda 10/08/2009 13

23 Resolution -- Approving an Addendum with Information Builders, Inc., for

City Council Agenda 10/08/2009 14

25 Resolution -- Renewing Contract for Control of Communicable Disease

City Council Agenda 10/08/2009 15

27 Resolution -- Renewing Annual Contract with The University of Texas

City Council Agenda 10/08/2009 16

29 Ordinance -- Amending Chapter 27A Entitled “Personnel” of the Code of

City Council Agenda 10/08/2009 17

City Council Agenda 10/08/2009 18

City Council Agenda 10/08/2009 19

City Council Agenda 10/08/2009 20

APPOINTMENTS AND REPORTS

City Council Agenda 10/08/2009 21

WORK SESSION MEETING OF THE IRVING CITY COUNCIL

Attendee Name Organization Title Status Arrived

Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

Mayor Herbert Gears called the meeting to order at 11:00 AM.

2 Review of Regular Agenda

City Council Work Session

Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

City Council Work Session

Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

City Council Work Session

Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

City Council Work Session

Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

30 Ordinance -- Repealing Housing and Human Services Board Appointment and

City Council Work Session

Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

4 City Operations Health Continuity Plan