Final Agenda Meeting Of The Irving City Council Thursday, September

FINAL AGENDA MEETING OF THE IRVING CITY COUNCIL THURSDAY, SEPTEMBER 24, 2009 COUNCIL CHAMBER - CIVIC CENTER COMPLEX 825 WEST IRVING BOULEVARD IRVING, TEXAS ~

11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, SEPTEMBER 23, 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 Deborah R. Jones, First Christian Church Irving Pledge Of Allegiance Proclamations And Announcements Announcements And Recognitions Public Hearing: Items 1 through 36 THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON THE FOLLOWING DAY IN THE COUNCIL CHAMBER. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493 or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.

City Council Agenda 09/24/2009

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CITY COUNCIL AGENDA 1

City Manager’s Strategic Plan Update Project Status Report- September

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Ordinance -- Public Hearing and Adoption of the 2009-10 City of Irving Fiscal Year Budget Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The 2009-10 budget has been prepared pursuant to discussion with Council and submitted for adoption. 3. Public Hearings were held on May 28, June 25, September 3, and on this date to allow for citizen input. 4. Public Input on the 2009-10 budget should be taken under advisement. Recommendation The ordinance be adopted.

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Ordinance -- Setting the 2009 Tax Rate and Levying the Tax As Required by the State of Texas Property Tax Code Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The adoption of this tax rate represents the same or a reduction in taxes paid by Irving property owners, while assuring that a high level of services are maintained. 3. The Texas Property Tax Code requires adoption of the tax rate in its two components, operations & maintenance and debt service. An ordinance has been prepared reflecting the following rates for adoption by City Council: General Fund O&M

.3813

Debt Service

.1593

Total

.5406

Recommendation The ordinance be adopted.

City Council Agenda 09/24/2009

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Ordinance -- Adopting the 2009 City of Irving Tax Roll As Required by the State of Texas Property Tax Code Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: Adoption of the Appraisal Roll with the calculation of tax imposed on each property becomes the City's Tax Roll for collection of this year’s taxes. 3. The Tax Assessor has calculated and determined the tax imposed on each piece of property included on the appraisal roll for the City of Irving pursuant to Section 26.09 of the Texas Property Tax Code and has submitted it to the City Council for approval. Recommendation The ordinance be adopted.

CONSENT AGENDA (Items 5 – 33)

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Approving Minutes for Wednesday, September 2, 2009

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Approving Minutes for Wednesday, September 2, 2009

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Approving Minutes for Thursday, September 3, 2009

City Council Agenda 09/24/2009

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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 Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: This resolution will allow the City of Irving to exercise its rights as a land owner in the The Las Colinas Association to maintain the high quality of this area of the City. 3. The City became a landowner and member in The Las Colinas Association with the purchase of the 39 acre site for the Convention Center. 4. Although the City does not pay dues to the Association as an exempt governmental entity, the City of Irving does have a significant investment in the convention center complex. 5. As with other owners in the Las Colinas development, participation in the affairs of The Las Colinas Association, which maintains the common areas and enforces the covenants and restrictions applicable to land in Las Colinas, helps to maintain the quality of the development and protect the value of the investment the City has made in the Convention Center. 6. The proposed resolution would give the Mayor, or his designee, on behalf of the City, the ability to sign proxies and vote for board members or amendments to the declarations which govern development in Las Colinas. 7. The next annual meeting of The Las Colinas Association is scheduled for October 5, 2009. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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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 Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: The contract provides for the testing of construction materials for strength and durability and to ensure all construction is structurally sound to assure public welfare. This testing applies to construction operations for installation of engineering facilities for new City of Irving subdivisions and capital improvement projects. 3. Staff would like to negotiate with two firms. It is competitively based on results and customer service. The annual contract will be reviewed based on this criteria of performance and will be reported every year for the next yearly evaluation. Therefore, two geotechnical and construction material testing firms will be under contract per year. This new innovative methodology was created by the CIP/Engineering Department. 4. The Engineering staff requested qualifications from local testing firms and interviewed the thirteen (13) individual geotechnical firms that responded. The firms were comparatively analyzed on the basis of expertise, experience, qualified manpower, capability of timely response, proper equipment, method of calibration and certification, and method of report preparation and invoicing. 5. Based on previous experience, proposals, and interviews with the individual firms, staff is requesting authorization to negotiate contracts. 6. One out of 13 testing firms was Minority- and/or Women-owned Business (M/WBE). 7. As part of the contract, the consultant will provide the Minority- and/or Womenowned Business (M/WBE) participation amount. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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Resolution -- 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 Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: This professional services contract will provide for the reconstruction design and undergrounding of aerial utilities for electrical, cable, and telecommunication lines. 3. An interview team evaluated the qualifications of local engineering firms and selected Jacobs Engineering Group, Inc. based on their roadway design, landscape expertise, and ability to complete project in an aggressive time frame. Based on this evaluation, staff is requesting the authorization to negotiate a contract. 4. As part of the contract, the consultant will provide the Minority- and/or Womenowned Business (M/WBE) participation amount. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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Resolution -- Awarding a Contract to Weir Bros., Inc., for the Texas Stadium Demolition Project Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: The award of this contract for the demolition of Texas Stadium will meet the City’s stated goals for recycling the stadium materials and will provide for redevelopment of the site. 3. Bids were opened on August 12, 2009. Fifteen bids were received ranging from a base bid low of $5,433,300 to a high of $15,325,763. The bid included three alternates to be considered for award. Alternate 1 was to remove the stadium seats and place them on pallets ready for shipping. The seats were sold in the recent auction, and therefore Alternate 1 is not needed. Alternate 2 was for the removal of the remaining wooden lockers. The lockers are in the process of being removed by city forces, and therefore Alternate 2 in not needed. Alternate 3 was to specifically require the implosion of the stadium. Alternate 3 is being selected. 4. A team of City staff, Jacobs Engineering Group, Inc., and Terracon Consultants, Inc., conducted interviews with the top four bidders to determine among other things, the qualifications and methods of demolition for each bidder. Through this interview process, insight was gained from several of the top experts in the demolition field as to the appropriate methods of demolition, especially considering the safety aspects of the project. It was concluded that implosion is the safest method to demolish the structure. 5. The low base bid plus the selected Alternate 3 (implosion) was received from Weir Bros., Inc., in the amount of $5,883,300.00. Jacobs Engineering Group, Inc., has recommended award of the contract for the base bid and Alternate 3 (implosion) to Weir Bros., Inc., as the lowest, responsive and responsible bidder. City staff from Real Estate Services, Engineering, Facility Development and the Purchasing Departments concurs with Jacobs’ recommendation. 6. Additional project costs [beyond the Weir contract] include $500,000.00 for the owner’s contingency, $30,000.00 for testing, and $183,500.00 for air monitoring during asbestos abatement. The testing and air monitoring will be provided through the City's annual contract providers. 7. Notice to proceed is expected to be issued in October with a completion date of July 22, 2010. The preliminary schedule places the actual implosion in early 2010. The completion date corresponds to the City’s requirement to have the site cleared under the agreement with TxDOT concerning their construction staging use of the site. 8. The contractor will meet the City’s Environmental Stewardship initiatives by meeting the City’s stated goals for recycling the stadium materials. This includes 95% of the concrete and steel as well as the stated goals for other building materials. 9. There will be a significant media component to the demolition with the selection of the implosion option. Staff will be working with Corporate Communications and the Irving Convention and Visitor’s Bureau to coordinate the media and event activities City Council Agenda 09/24/2009

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associated with the implosion to maximize the City’s benefits with a focus on site redevelopment. 10. Minority- and/or Women-owned Business (M/WBE) participation on this award is 30%. 11. Funding in the amount of $6,596,800.00 is available in the Texas Stadium Rental #1 Fund. Recommendation The resolution be approved.

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Resolution -- 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 Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: This agreement reauthorizes annual funding for the Greater Irving-Las Colinas Chamber of Commerce to promote economic development and business growth through a series of highly effective strategies and programs. 3. The Chamber will provide specific, measurable services to increase the City’s tax base; to assist in increasing high-paying job opportunities for the City’s residents; to provide management and leasing of the three Texas Stadium Theme Towers; to assist the Salesmanship Club of Dallas and the HP Byron Nelson Tournament to assure adequate parking to meet Tournament needs; for the oversight and management of the redevelopment of the Irving Boulevard corridor including planning and design of Children’s Safety City/Public Safety Museum along the corridor; to assist in the creation of a Tax Increment Reinvestment Zone and the administration of the district; to assist redevelopment by modernizing land development regulations; and for the operation of a Chamber of Commerce Information Center and branch office in the Community Building located at 135 S. Jefferson. 4. Funding in the amount of $1,675,000.00 is available in the Economic Development Fund. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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Resolution -- Approving a Sister Cities/International Trade Development and Assistance Center Services Contract with the Greater Irving-Las Colinas Chamber of Commerce Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: This contract will approve FY2009-10 funding for the Chamber to provide sister cities and international trade services to the City. 3. The Chamber will carry out a program of exchanges between the City and its participating sister cities, which are focused on business, but may also be cultural, artistic, educational, business, economic, community, and/or other appropriate forms of exchanges, in keeping with the purpose of the worldwide sister cities program. 4. Funding in the amount of $160,000.00 for the period of October 1, 2009, through September 30, 2010, is available in the Economic Development Fund. Recommendation The resolution be approved.

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Resolution -- Approving a Right-of-Entry and Construction Easement for the DART LRT Orange Line Project on Property Owned by BF Las Colinas, L.P. Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Approval of the easement will allow immediate access to the property by DART’s contractor to begin construction activities related to the DART LRT Orange Line project. 3. The DART LRT Orange Line Project requires the acquisition of a 249 square-foot corner clip on the Four Seasons property. DART is acquiring the corner clip. 4. Due to the proximity of the DART LRT Orange Line to the golf course, the Four Seasons requires that additional landscaping be installed at a cost of $25,000.00. 5. Funding in the amount of $25,000.00 is available in the Street Improvement Bond Fund. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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Resolution -- 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 Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: Acquisition of the public utility easement will allow for the relocation of the City’s existing utilities in support of the State Highway 114 expansion and DART Orange Line project. 3. The property is located on the south side of State Highway 114 between Fortune Drive and the Las Colinas Country Club. The highway expansion requires the relocation of multiple utilities including the City’s water and sewer mains. The City’s utilities are being relocated as part of the TxDOT highway contract. 4. The owner has accepted the appraised value of $24,851.00 for the purchase of the 25-foot public utility easement. An additional $5,000.00 is needed for closing costs. 5. Funding in the amount of $29,851.00 is available in the Street Improvement Bond Fund. Recommendation The resolution be approved.

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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 Administrative Comments 1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational Environments. 2. Impact: The acquisition of this property will facilitate the expansion of City facilities. 3. This property is currently under contract to be purchased by Sierra Plateau, Ltd., at a contract purchase price of $97,500.00. The proposed purchaser has agreed to assign his interest in the contract to the City. In addition to the purchase price, the City is expected to incur no more than $5,000.00 in closing costs. 4. Funding in the amount of $102,500.00 is available in the Non-Bond CIP Fund. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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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 Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. Impact: Acquisition of this property will continue the corridor enhancement program and improve motorist safety. 3. This property is currently under contract to be purchased by Sierra Plateau, Ltd., at a contract purchase price of $129,000.00. The proposed purchaser has agreed to assign his interest in the contract to the City. In addition to the purchase price, the City is expected to incur no more than $5,000.00 in closing costs. 4. Funding in the amount of $134,000.00 is available in the Street Improvement Bond Fund. Recommendation The resolution be approved.

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Resolution -- 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 Administrative Comments 1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community. 2. Impact: These funds will seek to improve air quality through the installation of antiidling technology that eliminates the necessity to idle fleet vehicles for equipment and emergency lighting usage. 3. The North Central Texas Council of Governments (NCTCOG) has partnered with the Texas Commission on Environmental Quality and the Environmental Protection Agency and made funding available in the form of a competitive grant process. 4. If awarded, funds will be used for the improvement of DFW air quality for the purpose of attainment of National Ambient Air Quality Standards (NAAQS) and for an overall reduction in fossil fuel consumption by the city’s fleet vehicles. 5. Administration of this program will be delegated to the Water Utilities and Intergovernmental Services departments. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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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 Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: This contract benefits the City of Irving residents by performing laboratory analysis of the water and wastewater generated within the City required to meet and exceed state standards. 3. The City is required by Federal and State law to perform laboratory analysis of the water and wastewater generated within the City. The Trinity River Authority (TRA) is a State Certified Laboratory which contracts laboratory analysis services in this area. 4. This is a renewal of the contract for those services. TRA is conveniently located, gets results back quickly, works to the City’s needs and has provided excellent service for the past twenty years. 5. Funding in the amount of $216,000.00 is available in the Water and Sewer System Fund and $54,000.00 is available in the Municipal Drainage Utility Fund. Recommendation The resolution be approved.

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Resolution -- Authorizing the Mayor to Accept American Recovery and Reinvestment Act Funding in the Amount of $937,605 from the U.S. Environmental Protection Agency Administrative Comments 1. This item supports Strategic Goal No. 10: Environmentally Sustainability Community 2. Impact: This funding, offered through the U.S. Environmental Protection Agency’s (EPA) National Clean Diesel Emerging Technologies Program, allows the City of Irving to implement a diesel emissions reduction project that addresses regional air quality improvement. 3. The Clean Diesel Emerging Technologies Program is an opportunity to advance new, cutting edge technologies that reduce diesel emissions while creating an opportunity for a real world demonstration of the technology. The selected technology to be utilized in this project is the Johnson Matthey Selective Catalytic Reduction. 4. Twenty-five fleet vehicles from Sanitation, Fire, and Public Works will participate in this project. 5. The funding period for this grant is from September 1, 2009, to October 31, 2010. Recommendation The resolution be approved. City Council Agenda 09/24/2009

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Resolution -- Approving Amendment of the Irving Housing Finance Corporation Bylaws to Allow Purchase of Non-Foreclosure Property Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. Impact: This resolution will allow the Irving Housing Finance Corporation to more fully respond to and prevent foreclosures and to utilize Neighborhood Stabilization Program grant money. 3. The current bylaws of the Irving Housing Finance Corporation allow for a number of initiatives in regard to housing within the City including the acquisition, repair, remodeling, and resale of homes acquired from HUD or from foreclosures. 4. The proposed approval would allow the IHFC to amend their bylaws to additionally engage in foreclosure prevention efforts in order to keep people in their homes. 5. Neighborhood Stabilization Program grant money is being sought in order to fund foreclosure prevention efforts. Recommendation The resolution be approved.

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Resolution -- Approving a Service Agreement Extension Between the City of Irving and the Irving Housing Finance Corporation Until September 30, 2010 Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. The City Council approved the IHFC Service Agreement on March 8, 2007, for the provision of housing services. 3. This resolution extends the Service Agreement to September 30, 2010. 4. The Service Agreement extension was approved and recommended that the City Council approve by the Housing & Human Services Board on August 12, 2009. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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Resolution -- Approving the City Arts Services Program as the Third Part of the Irving Arts Board’s New Financial Assistance Program Administrative Comments 1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational Environment. 2. Impact: This resolution is part of the new Financial Assistance Program, which will improve and expedite the process of distributing grants funds. 3. This third and final segment, the City Arts Services Program, was designed to allow Irving residents greater input into the artistic experiences available at the Irving Arts Center by forming a Citizens’ Committee, which will be jointly appointed by the City Council and Arts Board, whose purpose is to examine the arts services being offered and determine what needs are not being met. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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Bids/ Purchasing Items (3 Awards and 1 Addendum) Items 24 - 27

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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 Administrative Comments 1. This item supports Strategic Goals No. 4: Safe and Secure City and No 8: Sound Governance. 2. This item has been recommended by Police. 3. Impact: The new contract will produce higher revenue for the City, based on the same number of impounded vehicles and auction sales as the previous contract, while keeping wrecked and abandoned vehicles off City streets. 4. This award establishes an annual contract for the continuation of providing wrecker service and auto pound operation for wrecked, disabled, abandoned, confiscated, or other impounded vehicles so designated for storage by Police. 5. Funding in the net estimated amount of $75,000.00 for the period of October 1, 2009, through September 30, 2010, and in the net estimated amount of $75,000.00 for the period of October 1, 2010, through September 30, 2011, is available in the General Fund, subject to funds being appropriated in Fiscal Years 2009-10 and 2010-11. 6. Estimated revenue in the amount of $320,000.00 for the period of October 1, 2009, through September 30, 2010, and estimated revenue in the amount of $320,000.00 for the period of October 1, 2010, through September 30, 2011, will be deposited in the General Fund. 7. When coupled with the auctioneer contract, the City will gain an estimated $200,000.00 additional annual revenue. Recommendation The resolution be approved.

City Council Agenda 09/24/2009

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Resolution -- Approving Purchase from Computer Tech for the Equallogic SAN Video Storage System through the State of Texas Department of Information Resources (DIR) Program Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Police – Emergency Management and Information Technology, and is a Strategic Project/Task approved by the Technology Review Committee. 3. Impact: This equipment will significantly enhance the video quality and expand the City’s video surveillance storage capacity. 4. The City received a 2007 Buffer Zone Protection Program grant for critical infrastructure protection to enhance security in the Civic Center complex. This system will provide increased video storage capacity, will improve quality, and will provide the ability to add additional surveillance cameras. 5. Funding in the net amount of $107,764.00 is available in the Emergency Management Grant Fund. Recommendation The resolution be approved.

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Resolution -- Ratifying Emergency Award to Holt Cat for the Certified Power Train Rebuild of a Compactor Administrative Comments 1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community. 2. This item has been recommended by Solid Waste Services and approved by Intergovernmental Services. 3. Impact: This rebuild is projected to extend the life of the main compactor at the landfill for an additional six to seven years. The current cost of a replacement unit is $850,000.00; thereby avoiding an estimated $620,000.00 replacement expenditure at this time. 4. This ‘certified power train rebuild plus’ engineers this compactor into a new unit with a three-year, 5,000 hour warranty. This rebuild for City Tag #06132, a 2001 Caterpillar 826G Compactor, was planned for next fiscal year; however, the engine failed this year, and staff declared an emergency to repair this unit now. This rebuild will also reduce fuel expenses and keep the landfill compliant with the City’s permit, ensuring the public health and safety of the community. 5. Funding in the net amount of $230,581.01 is available in the Equipment Replacement Fund. Recommendation The resolution be approved. City Council Agenda 09/24/2009

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Resolution -- Approving Addendum No. 1 to the Agreement with MeetingMatrix® International for Room Diagramming Software Unique to the Meeting Industry Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. This item has been recommended by Irving Convention & Visitors Bureau. 3. Impact: This agreement and addendum enhances the Irving Convention Center sales resources, which will result in generating additional visitor spending in Irving. 4. This software enables the Bureau to create customized floor plan designs for clients considering the convention center for their meetings and events. 5. This agreement to purchase the software package was awarded administratively in April 2009 for $16,805.00 and with this addendum the total award is $28,915.00. 6. Funding in the net amount of $12,110.00 is available in the ICVB Building Fund. Recommendation The resolution be approved. End of Bids

City Council Agenda 09/24/2009

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Ordinance -- 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 Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: Approval of the ordinance will implement a negotiated settlement with Atmos Energy Corp 3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a negotiated resolution addressing the Company's second Rate Review Mechanism (RRM) filing. The RRM process is a three year experiment created by ACSC and Atmos Mid-Tex to replace the controversial GRIP surcharge system. The RRM allows cities to conduct a more comprehensive review of all of the information regarding changes to Atmos' revenues and expenses as well as its invested capital. 4. Based upon the review of ACSC experts, it was determined that the evidence supported only a slight increase over current rates, and not the $20.2 million proposed by the Company. After settlement talks between Atmos and the ACSC settlement team the Company agreed to a $2.6 million increase. 5. The negotiated result reduces Atmos' requested rate increase by more than 85%. The monthly bill impact for an average residential customers will be $0.15. 6. Requires the Company to reimburse ACSC for reasonable rate making costs associated with reviewing and processing the RRM application. 7. Protects the City by mandating that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. 8. The outcome of this settlement is equal to or better than the outcome expected from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas rates. Recommendation The ordinance be adopted.

City Council Agenda 09/24/2009

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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 Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: This ordinance will provide greater clarity, a more comprehensive list of prohibited conduct, and sufficient specificity so that it can be enforced more effectively. 3. The amended ordinance will include the following changes: a. Include specific prohibitions against motor vehicle idling in excess of 15 minutes within residential areas or within 300 feet of a residential structure; b. Prohibition of devices that cause vibration beyond the property boundary of the source of the vibration; c. Specific guidance pertaining to construction, excavation and repair; d. Reasonable time constraints which take into account times people are ordinarily sleeping. 4. Benchmarking of the noise ordinance was done with area metroplex cities and cities of comparable size to Irving throughout the State. Recommendation The ordinance be adopted.

City Council Agenda 09/24/2009

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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 Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The proposed ordinance would allow closer and more effective team work between the Housing and Human Services Department and other City staff. 3. In January of 2006, the City Council, acting pursuant to authority granted under Article VIII, Section 8 of the Irving City Charter, provided that the executive director of the Housing and Human Services Department would be appointed, removed, and supervised by the Housing and Human Services Board. 4. The proposed ordinance repeals those provisions of Section 63-3 which relate to the appointment, removal, and supervision of the Executive Director. 5. The result of the proposed repeal would be for the Executive Director position to come back under the provisions of Article VIII, Section 3 of the Irving City Charter whereby the City Manager appoints, removes, controls, and supervises all employees of the City other than the City Secretary, the City Attorney, the City Treasurer, and the City Judges. 6. The Executive Director and the employees of the Housing and Human Services Department will remain governed by the rules, regulations, and policies pertaining to non-civil service personnel. 7. The changes set forth in this proposed ordinance were recommended by the Community Services Committee of the City Council at their September 9, 2009, meeting. Recommendation The ordinance be adopted.

City Council Agenda 09/24/2009

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Ordinance -- Amending the City of Irving General Obligation Bonds, Series 2007 to Reallocate $2,255,000 Fire Facilities Bond Proceeds to Library Facilities Purposes Administrative Comments 1. This item supports Strategic Goals No. 7: Cultural, Recreational, and Educational Environments and No. 8: Sound Governance. 2. Impact: The decision to delay awarding the construction contract for Fire Station #4 to evaluate alternative locations leaves approximately $3.8 million idle in the Fire Station bond fund. 3. As part of the city’s strategy to finance capital projects on a just in time basis, these funds can be reallocated to other projects that have been planned for the Fall 2009 bond sale. 4. The West Brach Library is a large capital project that will require the sale of construction bonds this fall to complete. Staff recommends allocating the fire bond proceeds received from the 2007 and 2008 Bond sales to this project. 5. Staff has consulted with Vinson and Elkins, the city’s bond counsel, who agrees that these funds can be transferred and the bond authorizations can be adjusted accordingly. The Attorney General has confirmed with Vinson and Elkins that the city may reallocate the bond proceeds that were issued pursuant to the 1999 Fire proposition to the 2006 Library proposition. 6. Council action approving ordinances amending the 2007 and 2008 bond sale ordinances are required to transfer the funds and reallocate the bond proceeds between the 1999 Fire proposition and the 2006 Library proposition. A budget adjustment will be made to reflect this transfer. Recommendation The ordinance be adopted.

City Council Agenda 09/24/2009

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Ordinance -- Amending the City of Irving General Obligation Bonds, Series 2008 to Reallocate $1,580,000 Fire Facilities Bond Proceeds to Library Facilities Purposes Administrative Comments 1. This item supports Strategic Goals No. 7: Cultural, Recreational, and Educational Environments and No. 8: Sound Governance. 2. Impact: The decision to delay awarding the construction contract for Fire Station #4 to evaluate alternative locations leaves approximately $3.8 million idle in the Fire Station bond fund. 3. As part of the city’s strategy to finance capital projects on a just in time basis, these funds can be reallocated to other projects that have been planned for the Fall 2009 bond sale. 4. The West Brach Library is a large capital project that will require the sale of construction bonds this fall to complete. Staff recommends allocating the fire bond proceeds received from the 2007 and 2008 Bond sales to this project. 5. Staff has consulted with Vinson and Elkins, the city’s bond counsel, who agrees that these funds can be transferred and the bond authorizations can be adjusted accordingly. The Attorney General has confirmed with Vinson and Elkins that the city may reallocate the bond proceeds that were issued pursuant to the 1999 Fire proposition to the 2006 Library proposition. 6. Council action approving ordinances amending the 2007 and 2008 bond sale ordinances are required to transfer the funds and reallocate the bond proceeds between the 1999 Fire proposition and the 2006 Library proposition. A budget adjustment will be made to reflect this transfer. Recommendation The ordinance be adopted.

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Ordinance -- Budget Adjustment to the 2008-09 Fiscal Year Budget Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Budget Adjustments are needed in the following funds: General Fund, Compensated Absences Fund, General Fund Non-Bond Capital Improvement Program Fund, Texas Stadium Venue Project Fund, Texas Stadium Venue Debt Service, Water Improvement Bond Fund, Water and Sewer Non-Bond Capital Improvement Fund, Municipal Court Technology Fund, Heritage Senior Center, Six Sigma Fund, Entertainment Venue Fund, Convention Center Complex Fund, Red Light Camera Fund, Community Development Block Grant – Recovery, Neighborhood Stabilization Program 1, Homelessness Prevention and Rapid ReHousing Program Grant – Federal, Emergency Shelter Grant – State, Fire Bond Fund, Library Bond Fund. 3. This is budget adjustment number 4, staff is on target to meet the goal of less than six adjustments per year. Recommendation The ordinance be adopted.

APPOINTMENTS AND REPORTS 34

Resolution -- Appointments to the Dallas County Utility and Reclamation District to Fill Two Four-Year Terms Expiring October 2013 Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: This board assures that the canals and lakes in the Las Colinas Urban area are maintained and flooding does not occur. 3. DCURD General Manager Jacky Knox has submitted a letter requesting the reappointment of Robert Power and Charles Cotton to serve four-year terms expiring October 2013. Recommendation The resolution be approved.

35

Mayor’s Report

36

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.

City Council Agenda 09/24/2009

23

‘‘

Engineering -

Capital Improvement Projects Completed Fiscal Year 2008-2009 ,.Dateóf ..T&tI, ..

*

:‘

Packet Pg. 24 2008 Water Main Replacement Section II & Normandy/Fowler Sanitary Sewer Main Replacement

Las Colinas Boulevard Extension Phase I

Kinwest Parkway Connector

1/30/09

1/15/09

12/30/08

12/12/08

10/29/08

$

$

$

$

$

657,203.55 58 Working Days Early

195,934.00 21 Working Days Early

453,923.09 On Schedule

642,582.25 On Schedule

$ 4,626999.36 On schedule

$

155,684.12 21 Working Days Early

414730.63 38 Working Days Early

574965.88 On schedule

Summit Concrete, LLC

Patco Utilities, Inc.

Azea Utilities

SJ Louis Construction

RKM Utility Services

Ed Bell Construction Co.

Austin Bridge and Road

SYB Construction Co., Inc.

Attachment: A. Monthly CIP Report- Sept 09 (2932 : Sept Status Report) a

Lake Carolyn Parkway Sanitary Sewer Interceptor 2/4/09

$

Texas Sterling Construction

,,v

Contractor

2008 Alley Improvements

2/4/09

$ 7,470,610.25 On Schedule

.

2007 Concrete Sanitary Sewer Interceptor Replacement Section I

2/12/09

327,103.95 On Schedule

:‘I.’

Completion flme

2007 Sidewalk Improvement Project

2/26/09

$

744,625.54

RKM Utility Services

‘.

Project,Name

Grauwyler- English to Carl

3/19/09

$

415,898.25 10 Working Days Early

Muniz Construction

•‘•;..:

2008 Water Main Replacement Section III

3/23/09

$

711,900.33 12 Working Days Early

McMahon Contracting

Final Construction RayThent... Cost

Balleywood Branch Sanitary Sewer Capacity Improvements

4/2/09

$

254,880.56 5 Working Days Early

Laughley Bridge & Construction, Inc.

-

2008 Water Main Replacement Section V

4/6/09

$

738,123.20 20 Working Days Early

Canary Construction

‘

2008 Water Main Replacement Section IV

4/20/09

$

318,629.85 On schedule

W.R. Hodgson Co.

‘

MacArthur Boulevard/Shady Grove Road Intersection Improvements Phase II

5/27/09

$

760,161.15 28 Working Days Early

Patco Utilities, Inc.

‘-

2006 Miscellaneous Drainage Section I

6/12/09

$

333,854.13 5 Working Days Early

“

2008 Sanitary Sewer Main Replacement Section III

6/15/09

$

MacArthur Boulevard/Shady Grove Intersection Improvements

French Street Sanitary Sewer Trunk Main

6/22/09

$ 3,894,629.01

18 Working Days Early. Incentive 846,808.02 19 Working Days Early

$ 24,539,247.12

RKM Utility Services

SYB Construction Co., Inc.

Texas United Excavators

RKM Utility Services

2008 Water Main Replacement Section I and Sanitary Sewer Main Rehab at Britain Road and Rochelle Road

7/28/09

$

40 Working Days Late. Liquidated Damages charged.

English Street Paving Improvements

8/20/09

Total Construction Cost to Date

2008 Sanitary Sewer Main Replacement Section I and Redbud Lane Water Main Replacement

Projects in bold have been completed since last report

Packet Pg. 25

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 26

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 27

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 28

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 29

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 30

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 31

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 32

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 33

b

Attachment: B. Estimated Project Construction Bar Chart- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 34

c

Attachment: C. Major Projects Paving Report- Sept. 2009 (2932 : Sept Status Report)

Packet Pg. 35

c

Attachment: C. Major Projects Paving Report- Sept. 2009 (2932 : Sept Status Report)

2

AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: City Secretary’s Office

DOC ID: 2919 LSR No:

Ordinance -- Public Hearing and Adoption of the 2009-10 City of Irving Fiscal Year Budget Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The 2009-10 budget has been prepared pursuant to discussion with Council and submitted for adoption. 3. Public Hearings were held on May 28, June 25, September 3, and on this date to allow for citizen input. 4. Public Input on the 2009-10 budget should be taken under advisement. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: Public Hearings: 5/28, 6/25, 9/3 Budget Retreat: 8/20-21

Review Completed By: N/A Council Action: Input was received

. CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/9/2009 08:13 AM by Jennifer Dwyer Last Updated: 9/11/2009 09:20 AM by Jennifer Dwyer

Packet Pg. 36

2

ORDINANCE NO. (ID # 2919)

AN ORDINANCE APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF IRVING, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; PROVIDING FOR ADOPTION OF THE 2009-2010 GENERAL FUND BUDGET; WATER AND SEWER SYSTEM FUND BUDGET; SOLID WASTE SERVICES FUND BUDGET; GARAGE FUND BUDGET; CAPITAL IMPROVEMENT FUNDS BUDGETS; GRANT FUNDS BUDGETS; REPLACEMENT FUNDS BUDGETS; OTHER FUNDS BUDGETS; AND IRVING CONVENTION AND VISITORS BUREAU, IRVING ARTS CENTER, AND OTHER ASSOCIATED FUNDS BUDGETS; AND PROVIDING FOR THE ADMINISTRATION OF THE BUDGET. WHEREAS, the City Manager has prepared and submitted to the City Council a budget of all proposed expenditures to be made by the City of Irving in Fiscal Year 2009-2010, and filed the proposed budget with the City Secretary making it available for inspection by any person more than thirty days prior to this date, in compliance with Section 102.005, Texas Local Government Code (T.L.G.C.); and WHEREAS, after proper notice and public hearing, the City Council has taken the comments of the public and finds that it has performed all other acts required by law for the passage of a municipal budget; and WHEREAS, the City Council finds that the budget as attached to this ordinance is in the best interests of the taxpayers and will promote a high quality of life for the residents, visitors and businesses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. That the annual budget of the City of Irving, Texas, for the fiscal year beginning October 1, 2009, and ending September 30, 2010, attached hereto, is hereby approved and adopted, and the respective sums of money therein designated for the various Funds of the City, be and the same are hereby appropriated at the Fund level. SECTION 2. That the following budgets for the 2009-2010 fiscal year beginning October 1, 2009, and ending September 30, 2010, attached hereto, are hereby approved and adopted: General Fund Budget; Water and Sewer System Fund Budget; Solid Waste Services Fund Budget; Garage Fund Budget; Capital Improvement Funds Budgets; Grant Funds Budgets; Replacement Funds Budgets; Other Funds Budgets; and Irving Convention and Visitors Bureau, Irving Arts Center, and Other Associated Funds Budgets. SECTION 3. That true copies of said budgets as approved and adopted be filed in the Office of the County Clerk of Dallas County, Texas, and posted on the city’s web site. SECTION 4. That this budget shall be administered by the City Manager as the budget officer and the Chief Executive Officer of the City in accordance with the guidelines established by the City Manager and reported to the City Council. -1Packet Pg. 37

2

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009.

________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

-2Packet Pg. 38

3

AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: City Secretary’s Office

DOC ID: 2920 LSR No:

Ordinance -- Setting the 2009 Tax Rate and Levying the Tax As Required by the State of Texas Property Tax Code Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The adoption of this tax rate represents the same or a reduction in taxes paid by Irving property owners, while assuring that a high level of services are maintained. 3. The Texas Property Tax Code requires adoption of the tax rate in its two components, operations & maintenance and debt service. An ordinance has been prepared reflecting the following rates for adoption by City Council: General Fund O&M

.3813

Debt Service

.1593

Total

.5406

Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: N/A Council Action: N/A

. CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/9/2009 08:14 AM by Jennifer Dwyer Last Updated: 9/18/2009 11:04 AM by Jennifer Dwyer

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3

ORDINANCE NO. (ID # 2920)

AN ORDINANCE FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE CITY OF IRVING, TEXAS, FOR THE YEAR 2009 AND DIRECTING THE ASSESSMENT THEREOF. WHEREAS, the City of Irving Tax Assessor has submitted to the Irving City Council the tax rate calculated and published pursuant to Section 26.04 of the Texas Property Tax Code; and WHEREAS, the City Council has adopted a budget of all proposed expenditures for fiscal year 2009-10; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. For the maintenance and operations expenditures of the City of Irving, Texas, for the next year, there is hereby levied and ordered to be assessed and collected for the year 2009, on all property situated within the corporate limits of the City of Irving, Texas, and not exempt from taxation by valid law, an ad valorem tax at the rate of $0.3813 on the One Hundred Dollar ($100.00) valuation of such property. SECTION 2. For the purpose of paying interest and providing a sinking fund for the payment of each issue of bonds issued for various municipal purposes, including the various installments of principal falling due during the ensuing year, there is hereby levied and ordered to be assessed and collected for the year 2009 on all property situated within the corporate limits of the City of Irving, Texas, and not exempt from taxation by valid law, an ad valorem tax at the rate of $0.1593 on the One Hundred Dollar ($100.00) valuation of such property. SECTION 3. That the City Council by this ordinance hereby notifies the City of Irving Tax Assessor the tax rate adopted for the 2009 tax year is $0.5406 per One Hundred Dollar ($100.00) valuation. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson -1Packet Pg. 40

3

City Attorney

-2Packet Pg. 41

4

AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: City Secretary’s Office

DOC ID: 2926 LSR No: N/A

Ordinance -- Adopting the 2009 City of Irving Tax Roll As Required by the State of Texas Property Tax Code Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: Adoption of the Appraisal Roll with the calculation of tax imposed on each property becomes the City's Tax Roll for collection of this year’s taxes. 3. The Tax Assessor has calculated and determined the tax imposed on each piece of property included on the appraisal roll for the City of Irving pursuant to Section 26.09 of the Texas Property Tax Code and has submitted it to the City Council for approval. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: Karen Brophy Council Action: N/A

. CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/11/2009 09:08 AM by Jennifer Dwyer Last Updated: 9/18/2009 11:19 AM by Karen Brophy

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4

ORDINANCE NO. (ID # 2926)

AN ORDINANCE ADOPTING THE 2009 CITY OF IRVING TAX ROLL AND PROVIDING FOR A SEVERABILITY CLAUSE. WHEREAS, the Tax Assessor has calculated and determined the tax imposed on each piece of property included on the appraisal roll for the City of Irving pursuant to Section 26.09 of the Texas Property Tax Code and has submitted said document which is attached hereto; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. The City Council hereby approves the appraisal roll and tax determinations contained therein submitted to it by the Tax Assessor and said document is hereby adopted as the 2009 City of Irving Tax Roll. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009.

________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

-1Packet Pg. 43

5

WORK SESSION MEETING OF THE IRVING CITY COUNCIL MEETING MINUTES September 2, 2009 The Irving City Council met in work session September 2, 2009. The following members were present/absent: Organization Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council

Title Mayor Councilwoman Councilman Councilman Councilman Councilman Councilman Councilwoman Councilman

Status Present Late Present Present Present Late Absent Present Present

Arrived

Mayor Herbert Gears called the meeting to order at 11:15 AM.

DISCUSSION TOPIC Introduction of City Council Cycle Participants Executive Assistant Linda Murray introduced the Council Cycle Participants, Community Outreach Manager Susan Rose and Senior Accountant Marianne Lauda. 1

Recognition of City Process Improvement Program and Results by State Senator Chris Harris Strategic Innovations Director Lynda Johnson introduced BJ Fontaine, Project Manager, Texas Manufacturing Assistant Center. Mr. Fontaine described the Lean Six Sigma program the City has been utilizing for process review. He also introduced Joan Holland, Director of Senate District Nine, representing Senator Chris Harris who was unable to attend. Ms. Holland presented the City of Irving with a commemorative plaque from the Texas Manufacturing Assistant Center.

2

Review of Regular Agenda The Council reviewed the agenda and the following directions were noted.

15

Resolution -- Approving a Sales Contract for the Acquisition of a Single-Family Residence Located at 2515 West Fifth Street - Kimberly Short, Property Owner Real Estate & Development Assistant Director Doug Janeway described the terms of the sales contract. Councilman Lewis Patrick asked who will maintain the property when the City has custody of the home.

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Minutes Acceptance: Minutes of Sep 2, 2009 11:00 AM (CONSENT AGENDA)

Attendee Name Herbert Gears Beth Van Duyne Allan Meagher Lewis Patrick Rick Stopfer Sam Smith Joe Philipp Rose Cannaday Thomas Spink

5

City Council Work Session September 2, 2009 Community Services Director Paul Gooch noted that the agreement allows the current tenant to remain at the property for one year and the Museum Board is reviewing the best way to utilize the property.

16

Resolution -- Approving “Agreement for Purchase and Sale of Real Estate” for the Acquisition of DART Orange Line Parcels IRV2-37A, Verizon Realty Corp. Owner

17

Resolution -- Approving “Agreement for Purchase and Sale of Real Estate” for the Acquisition of DART Orange Line Parcels IRV2-37B, IRV2-37B-2, IRV2-37B-3, and IRV2-37D, Verizon Realty Corp. Owner

18

Resolution -- Approving “Agreement for Purchase and Sale of Real Estate” for the Acquisition of DART Orange Line Parcels IRV2-37E, Verizon Realty Corp./Verizon North Inc., Owner

19

Resolution -- Authorizing Dallas Area Rapid Transit (DART) Authority to Acquire Parcels IRV2-37A, IRV2-37B, IRV2-37B-2, IRV2-37B-3, IRV2-37D, and IRV237E by Eminent Domain Within the City of Irving Mayor Gears requested a presentation on companion items 16-19. Real Estate & Development Director Brenda McDonald described the contracts and confirmed that DART will assign and finalize the purchases, not the City.

37

Ordinance -- First Reading - Amending Chapter 52 Entitled “Water And Sewer Rates” Of The Code Of Civil And Criminal Ordinances Of The City Of Irving, Texas, Providing For New Monthly Water And Sewer Rates; Providing For A New Maximum Monthly Service Charge; Providing An Effective Date; And Providing A Severability Clause.

38

Ordinance -- First Reading - Amending Chapter 33 Entitled " Refuse, Garbage and Weeds" of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Providing for Charges for Plastic Refuse Bags Sold by the City and for Monthly Charges for Refuse Pickup Service for Residences, Apartments, and Churches

40

Ordinance -- Public Hearing and First Reading - Amending Subsection (d) of Section 41-57 of Chapter 41 Entitled "Water and Sewer Systems" of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Setting a New Schedule of Drainage Fees; Providing an Effective Date; and Providing a Severability Clause Mayor Gears stated that he has asked staff to pull items 37, 38, and 40 from the Council’s agenda, and they will not be considered at this time. Councilwoman Beth Van Duyne asked how not increasing these rates will affect the proposed budget that is to be voted on in two weeks. She requested a revised budget prior to voting on the budget. City Manager Tommy Gonzalez reviewed the agenda items, noting that he does not recommend pulling the items as it could affect future services. He confirmed that he would contact the Council by the end of the day with budget impact information.

2

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Minutes Acceptance: Minutes of Sep 2, 2009 11:00 AM (CONSENT AGENDA)

Mayor Gears reviewed the events that made “The Paine House” historically significant as a part of the tragic time of this country’s history when President John F. Kennedy was assassinated in Dallas, Texas. He said that Marina Oswald lived there and Lee Harvey Oswald was in Irving the night before JFK was assassinated.

5

City Council Work Session September 2, 2009 41

Resolution -- Making Findings Related to the Need to Use City-Owned Land Located Along MacArthur Boulevard Between Weathered Street and Storyglen Street for the Construction of Fire House No. 4 Mayor Gears stated that item 41 will be pulled from the Council’s agenda and will not be considered at this time. He requested staff to come back to Council with a design to save the tree that now must be removed to build Fire Station No. 4.

City Attorney Charles Anderson confirmed that this resolution is a necessary step to designate this land to be used as a fire house site. 42

Ordinance -- Amending Chapter 8 Entitled “Irving Building Standards Code” of the City of Irving, Texas, Development Standards and Construction Codes by Adding Article XI to Provide a Mandatory Crime Reduction Program in Apartment Complexes Mayor Gears requested a presentation on this item. Assistant Police Chief Steve Ramsey presented the proposed ordinance. His presentation included an overview of the crime statistics at apartment complexes, noting that this program is one more tool to reduce crime. He also described the appeal process that is available to all apartment complexes identified for the program. Councilman Sam Smith asked what data would be used to determine what properties should be on the program. Chief Ramsey confirmed that data from a twelve month rolling period will be used. Councilman Patrick requested clarification on what complexes will be included in this program. Chief Boyd noted that the Police Department communicates with apartment complexes regularly and properties that fall beyond the crime threshold will be enrolled in the program, but all properties have the option to participate in the Crime Free MultiHousing Program to take a proactive step to reduce crime.

45

Ordinance -- Amending Chapter 33A of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Regarding Minimum Setbacks - City of Irving, Applicant Chief Planner Kenneth Bloom presented the ordinance amendment that will allow for more landscaping along major corridors Councilman Patrick asked how the proposed setback requirements would affect existing businesses. Director McDonald clarified that existing businesses would not be affected until major renovations are made to the existing building. Mayor Gears asked if Irving Boulevard was one of the corridors impacted. Urban Development Manager Steve Reed confirmed that Irving Boulevard is not included in the proposed ordinance. Separate standards will be brought back to the Council at a later date. He also noted that this does not affect a property’s current zoning classification.

3

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Minutes Acceptance: Minutes of Sep 2, 2009 11:00 AM (CONSENT AGENDA)

Councilman Patrick asked if this resolution would be necessary to move forward with the current design at this specific location.

5

City Council Work Session September 2, 2009 3

State Highway 183 Overlay

City Manager Gonzalez confirmed the recommendation to develop this plan in house with current staff. Councilwoman Rose Cannaday noted her support for this plan as it will give the City opportunities to enhance the look of this thoroughfare. Councilman Rick Stopfer asked if staff has contacted DFW Airport regarding their future retail plans at SH 183, noting the need to work together. Director McDonald stated that staff has been in contact with the DFW Airport representatives and will continue to work with them as they look at retail development in the future. Councilman Stopfer stated that representatives from two car dealerships said that they have not been included in group discussions. Director McDonald said she is not aware of a formal group, but they will have an opportunity for input as this project progresses. Councilman Stopfer noted that the State has no funds to place utility lines underground along SH 183. Director McDonald responded that the individual businesses will be required to place these lines underground, but the distribution lines will be looked at in this study. Council agreed to have staff develop the SH 183 Overlay project. 4

Status Report on Fire House No. 4

This item was not discussed in Work Session.

4

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Minutes Acceptance: Minutes of Sep 2, 2009 11:00 AM (CONSENT AGENDA)

Manager Steve Reed presented the proposed SH 183 overlay. His presentation included land use issues and standards for new development and redevelopment. He noted that the process would include detailed mapping, and this will be adopted by ordinance. Mr. Reed said the cost for a consultant to do this is estimated at $300,000 to $400,000. A staff team can do this “in house” at a cost of $25,000 to $30,000 with completion by February 2010.

5

City Council Work Session September 2, 2009

EXECUTIVE SESSION City Attorney Charles Anderson read the Mayor and Council into Executive Session at 1:17 PM. Resolution -- Approving Settlement of a Lawsuit with Manuel A. Benavidez

Mayor Gears announced that the Council will now reconvene in Open Session. The time was 2:35 PM. The meeting was adjourned at 2:36 PM.

___________________________ Herbert A. Gears, Mayor

ATTEST: ______________________ Janice Carroll, TRMC City Secretary

5

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Minutes Acceptance: Minutes of Sep 2, 2009 11:00 AM (CONSENT AGENDA)

8

6

SPECIAL MEETING OF THE IRVING CITY COUNCIL DRAFT MEETING MINUTES September 2, 2009 The Irving City Council met in special session in the Council Conference Room of the City Hall Complex on September 2, 2009. The following members were present / absent: Organization Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council

Title Mayor Councilwoman Councilman Councilman Councilman Councilman Councilman Councilwoman Councilman

Status Present Present Present Present Present Present Present Present Present

Arrived

Mayor Herbert Gears called the meeting to order at 2:36 PM.

DISCUSSION TOPIC 1

Ordinance ORD-2009-9108 -- Calling the City of Irving, Texas, Home Rule Charter Amendment Election to be Held on November 3, 2009, Providing Propositions on Signing Contracts, Repealing the Position of Treasurer, Limiting the Compensation for Council Members, Issuance of Bonds and Warrants and CAP on Retirement Contributions Mayor Gears stated his issues with holding a Charter Election. The Council agreed not to hold a Charter Election November 3, 2009.

The meeting was adjourned at 2:39 PM.

___________________________ Herbert A. Gears, Mayor

ATTEST: ______________________ Janice Carroll, TRMC City Secretary

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Minutes Acceptance: Minutes of Sep 2, 2009 11:30 AM (CONSENT AGENDA)

Attendee Name Herbert Gears Beth Van Duyne Allan Meagher Lewis Patrick Rick Stopfer Sam Smith Joe Philipp Rose Cannaday Thomas Spink

7

REGULAR MEETING OF THE IRVING CITY COUNCIL MEETING MINUTES September 3, 2009 ~

The City Council met in regular session in the Council Chambers of the City Hall Complex on Thursday, September 3, 2009. The following members were present / absent: Organization Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council

Title Mayor Councilwoman Councilman Councilman Councilman Councilman Councilman Councilwoman Councilman

Status Present Present Present Present Present Present Present Present Present

Arrived

ORGANIZATIONAL SERVICE ANNOUNCEMENTS Randy Boatright, announced that the Keep Irving Beautiful will be holding its 18th Annual Trinity Trash Bash event, it will be held on Saturday, September 12, 2009, from 9-1, registration will start at 8:00 a.m. Mr. Boatright invited everyone to come out and join in this yearly event. INVOCATION The invocation was delivered by Pastor Isnel Castro, House of god Ministries of the City Of Irving, Texas. PLEDGE OF ALLEGIANCE Councilman Patrick led those present in the pledge. PROCLAMATIONS AND ANNOUNCEMENTS There were no proclamations or announcements made. .

CITY COUNCIL AGENDA 1

City Manager’s Strategic Plan Update City Manager Tommy Gonzalez stated that the City Manager’s report would not be shown by video this evening due to technical problems, but that it could be viewed on the City’s website at cityofirving.org at Video on Demand. Mr. Gonzalez also recognized the Planning and Inspections Department for receiving the Certificate of Achievement for

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

Attendee Name Herbert Gears Beth Van Duyne Allan Meagher Lewis Patrick Rick Stopfer Sam Smith Joe Philipp Rose Cannaday Thomas Spink

7

City Council Meeting September 03, 2009 Planning Excellence from the Texas Chapter of the American Planning Association. The certificate recognizes the professional standards demonstrated by the department. This is the second consecutive year the department has received this recognition, he stated.

Public Hearing No. (ID # 2885) -- Public Input on the 2009-2010 City of Irving Fiscal Year Budget Mayor Gears introduced the item and asked if anyone wished to speak on this item. The following registered to speak: Cathy Duncan, 925 Murl Drive, she stated that she heard that the city has 400 to 500 less employees in the past five years. In checking previous budget she sees only a reduction of twelve funded positions. Why is there a difference? Ms. Duncan stated she heard the General Fund Revenue is down. She noted that Solid Waste revenue has been removed from the General Fund, and she asked for the reason this was done. She said this is the reason for the fund reduction. She commended the Mayor for removing the rate increase ordinances from the agenda this evening. And she asked that they rescind the $1.50 EMS monthly fee. Wally Banks, 3413 Briarcliff Ct. South, commended the city employees. He asked that better synchronization of traffic signals be addressed. He noted that the street concrete dispatch crew should be increased in number. He spoke in favor of long range water planning. He asked that police and fire pay and city employees be reconsidered. Joe Mapes, P.O. Box 141864, stated that he is a business resident of the City. He asked that a forum be provided to receive input from this segment of the City. Mr. Mapes lso spoke in favor of the removal of ordinances for rate increases. He also addressed the lack of opportunity for budget review and input. Sharon Barbosa-Crain, 2608 Alan A Dale, thanked the Mayor and Council for their continued support of Keep Irving Beautiful. She also thanked Mayor and Council for the removal of the rate increase ordinances and for providing a balanced budget for the next fiscal year. And finally she asked that the Council consider reinstating a joint police/parks mobile unit during the summer months to take information to neighborhoods and apartments complexes.

2

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

2

7

City Council Meeting September 03, 2009

CONSENT AGENDA

3

Approving Minutes for Wednesday, August 05, 2009

4

Approving Minutes for Wednesday, August 05, 2009

5

Approving Minutes for Thursday, August 06, 2009

6

Resolution No. RES-2009-370 -- Setting a Date for a Public Hearing on the 2009-2010 City of Irving Fiscal Year Budget

RESULT:

ADOPTED [6 TO 3]

MOVER:

Rick Stopfer, Councilman

SECONDER:

7

Rose Cannaday, Councilwoman

AYES:

Gears, Meagher, Stopfer, Smith, Philipp, Cannaday

NAYS:

Beth Van Duyne, Lewis Patrick, Thomas Spink

Resolution No. RES-2009-371 -- Approving Addendum No. 2 to the Hazardous Waste Interlocal Agreement Between the City of Irving and Dallas County to Provide a Program in Which Residents Can Properly Dispose of Household Chemicals

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

3

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

The consent agenda, items #3 through #39, were presented for approval. Mayor Gears stated that item #8 would be pulled from the consent agenda and heard separately. Mayor Gears also stated that items #37, #38, #40 and #41 would be removed from the consent agenda and would not be considered. Councilman Stopfer moved to approve the consent agenda items #3 through #39, excluding items #8, #37, #38, #40 and #41. Seconded by Councilwoman Cannaday, the motion was approved by a vote of 9-0.

7

City Council Meeting September 03, 2009 Resolution No. RES-2009-372 -- Approving Settlement of a Lawsuit with Manuel A. Benavidez Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition of this item. City Attorney Charles R. Anderson, reviewed the terms of the settlement agreement and presented the background of this case. He stated that the agreement calls for six single member districts, two at large Council seats, and the Mayor is at large. He noted that the numbering of districts will coincide with the election schedule as it currently exists. He noted that the City will pay $200,000.00. The following registered to speak in opposition. David Palmer, 1705 Colony Drive John Barrett spoke for Shirley Wyatt, 609 Shalamar, spoke in opposition Sue Harper, 1117 S. Delaware, spoke in opposition Doug Harper, 1117 S. Delaware, spoke in opposition Joe Sissom, 3500 Gentry Road, spoke in opposition Jacqualea Cooley, 1633 Drexel, spoke in opposition Don J. Wilson, 1410 Ronne Drive, spoke in opposition Patricia Owen, 1506 Ross Drive, spoke in opposition James Embry, 4027 N. Beltline Road, #2314, spoke in opposition Joyce Howard, 1404 Colony, spoke in opposition The following registered to speak in favor of this item: Roland D. Medina, 1600 N. MacArthur Blvd. spoke in favor Kim Carroll Limberg, 1910 Cartwright Street, spoke in favor Andrew Goldsmith, 3000 Wingren, spoke in favor Sharon Barbosa-Crain, 2608 Alan-a-Dale, spoke in favor John Dannish, spoke in favor The following registered in opposition of this item, but did not wish to speak: Loren J. Byers, 918 E. Tanglewood Drive Bobbie Randall, 500 Farine Paul Jordan, 1519 Arcady Lane, Linda Spink, 1319 N. Irving Heights Drive James B. Baker, 2724 Lake Gardens Oscar Ward, 608 Farine Drive K.W. Ward, 608 Farine Christine Burkett, 226 Chamberlain Holly J. Getting, 2208 Rita Court Roy Getting, 2208 Rita Court

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

8

7

City Council Meeting September 03, 2009 Edna C. Garcia, 626 Oak Ridge Val Garcia, 626 Oak Ridge The following registered in support of this item, but did not wish to speak:

Councilman Philipp spoke in favor of this settlement agreement and moved to approve the agreement as presented. Councilman Spink stated that whether he personally was included in the new District 1 was not important, but he did oppose the gerrymandered boundaries of this district. Councilwoman Van Duyne addressed her position on pursuing the appeal of this suit and not agree to a settlement at this time. Mayor Gears stated that the Federal Judge has ruled against the City of Irving and the city cannot hold an election under the current system. Mayor Gears said that this is a natural progression to preserve some places to stay at large; the city has reserved its right to appeal. Mayor Gears also stated that he was asked to work with attorneys to develop a hybrid system. Councilman Patrick stated that the current system is the best system for the City of Irving. He does not like the map. Unfortunately voters have no choice. He stated that he would be voting against this item. Councilwoman Cannaday stated that the present system is a good one. Irving has made no effort to change this. Councilman Smith stated that single member districts are here to stay and now the council needs to manage this new system. After lengthy discussion, the following vote was noted.

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

Gardy Lopez, 1309 Milner Road James F. Widener, 307 Steeplechase Drive Helen Widener, Steeplechase Drive

7

City Council Meeting September 03, 2009 RESULT:

ADOPTED [6 TO 3]

MOVER:

Joe Philipp, Councilman

SECONDER: AYES:

Gears, Meagher, Stopfer, Smith, Philipp, Cannaday

NAYS:

Beth Van Duyne, Lewis Patrick, Thomas Spink

Resolution No. RES-2009-373 -- Approving a Settlement of Claim Between the City of Irving and the General Assembly and Church of the Firstborn

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 10

Resolution No. RES-2009-374 -- Authorizing the Mayor to Execute a RightOf-Way Agreement with Windsor Ridge Homeowners Association and BF Las Colinas Development, LP, to Provide a Public Right-Of-Way Known as O’Connor Ridge Boulevard

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 11

Resolution No. RES-2009-375 -- Awarding a Contract to SYB Construction Co., Inc., for the Grauwyler Heights Alley Improvements, Section II Project

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

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Rose Cannaday, Councilwoman

7

City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

12

Resolution No. RES-2009-376 -- Authorizing Staff to Negotiate a Professional Services Contract with Good Fulton & Farrell Architects for the Architectural and Engineering Design Associated with the Bell Tower Elevator for the Lake Carolyn Promenade

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 13

Resolution No. RES-2009-377 -- Approving Change Order No. 1 to the Construction Management at Risk Contract Between Austin Commercial, L.P. and the City of Irving for Construction Management Services to Construct Las Colinas Multipurpose Convention Center

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 14

Resolution No. RES-2009-378 -- Approving Renewal of Agreement for Services Between the City of Irving and Keep Irving Beautiful, Inc., for the Keep Irving Beautiful Program

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

7

City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

15

Resolution No. RES-2009-379 -- Approving a Sales Contract for the Acquisition of a Single-Family Residence Located at 2515 West Fifth Street - Kimberly Short, Property Owner The following registered to speak in opposition of this item. Wally Banks, 3413 Briarcliff RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 16

Resolution No. RES-2009-380 -- Approving “Agreement for Purchase and Sale of Real Estate” for the acquisition of DART Orange Line Parcels IRV237A, Verizon Realty Corp. Owner

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 17

Resolution No. RES-2009-381 -- Approving “Agreement for Purchase and Sale of Real Estate” for the acquisition of DART Orange Line Parcels IRV237B, IRV2-37B-2, IRV2-37B-3, and IRV2-37D, Verizon Realty Corp. Owner

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

7

City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

18

Resolution No. RES-2009-382 -- Approving “Agreement for Purchase and Sale of Real Estate” for the acquisition of DART Orange Line Parcels IRV237E, Verizon Realty Corp./Verizon North Inc., Owner

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 19

Resolution No. RES-2009-383 -- Authorizing Dallas Area Rapid Transit (DART) authority to acquire Parcels IRV2-37A, IRV2-37B, IRV2-37B-2, IRV237B-3, IRV2-37D, and IRV2-37E by eminent domain within the City of Irving

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 20

Resolution No. RES-2009-384 -- Approving and Accepting the Bid of Tank Pro, Inc., for the Rehabilitation of Esters 1.5 MG Multicolumn Elevated Storage Tank

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

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City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink Resolution No. RES-2009-385 -- Approving Amendment No. 1 to Metrocare Services Fiscal Year 2008-09 Agreement

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 22

Resolution No. RES-2009-386 -- Terminating the Fiscal Year 2008-09 Irving YWCA Community Development Block Grant Contract and Amending the Salvation Army Fiscal Year 2008-09 Community Development Block Grant Contract

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 23

Resolution No. RES-2009-387 -- Renewing Annual Contract with GT Distributors, Inc., for Police Ammunition

10

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

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City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

24

Resolution No. RES-2009-388 -- Approving and Accepting the Bids of GT Distributors, Inc.; GST Public Safety Supply, LLC; and C & G Police Supply dba C & G Wholesale for Annual Contracts to Supply Police Uniforms

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 25

Resolution No. RES-2009-389 -- Approving Purchase From Optical Systems Technology, Inc., for Night Vision Devices Through the General Services Administration (GSA) 1122 Counterdrug Activity Program

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 26

Resolution No. RES-2009-390 -- Approving Purchase from Dallas Dodge for Police Dodge Chargers through the Houston-Galveston Area Council of Governments (H-GAC) Interlocal Cooperative Purchasing Program

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

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City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink Resolution No. RES-2009-391 -- Approving and Accepting the Proposal of Information Builders, Inc., for a Business Intelligence Reporting Solution

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 28

Resolution No. RES-2009-392 -- Approving Addendum No. 1 with Advanced Public Safety, Inc., for the Expansion of Electronic Citation Technology to Patrol Cars

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 29

Resolution No. RES-2009-393 -- Approving Single Source Award with Tyler Technologies, Inc., for Software and Hardware Maintenance for the Court Case Management System

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

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7

City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

30

Resolution No. RES-2009-394 -- Approving Purchase from Freeway Ford for Ambulances through the Houston-Galveston Area Council of Governments (H-GAC) Interlocal Cooperative Purchasing Program

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 31

Resolution No. RES-2009-395 -- Approving and Accepting the Bid of Air Pollution Control Products, Inc., for the Animal Incinerator/Crematory System

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 32

Resolution No. RES-2009-396 -- Approving and Accepting the Bid of The Around the Clock Freightliner Group LLC Dallas Freightliner for a Crew Cab Truck with Crane

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

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City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

33

Resolution No. RES-2009-397 -- Approving and Accepting the Bid of KanMar Investments LLC dba International Diving Services for an Annual Contract to Provide Water Storage Tank In-Service Cleaning and Special Diving Services

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 34

Resolution No. RES-2009-398 -- Approving and Accepting the Bid of Taylor’s Summit Electric Service, Inc., for an Annual Contract to Provide Electrical Services for Parks & Building Maintenance

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 35

Resolution No. RES-2009-399 -- Renewing Annual Contract with Western Paper Co., to Supply Office, Copier, and Print Shop Paper

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

7

City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

36

Resolution No. RES-2009-400 -- Approving and Accepting the Proposal of Maloney Strategic Communications, Inc., for Advertising Agency Representation

RESULT:

ADOPTED [8 TO 1]

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Cannaday, Spink NAYS: 37

Joe Philipp

Ordinance No. ORD-2009-9109 -- First Reading - Amending Chapter 52 Entitled “Water And Sewer Rates” Of The Code Of Civil And Criminal Ordinances Of The City Of Irving, Texas, Providing For New Monthly Water And Sewer Rates; Providing For A New Maximum Monthly Service Charge; Providing An Effective Date; And Providing A Severability Clause. The following registered to speak in favor of this item: Wally Banks, 3413 Briarcliff RESULT:

38

WITHDRAWN NO VOTE

Ordinance No. ORD-2009-9110 -- First Reading - Amending Chapter 33 Entitled " Refuse, Garbage and Weeds" of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Providing for Charges for Plastic Refuse Bags Sold by the City and for Monthly Charges for Refuse Pickup Service for Residences, Apartments, and Churches

RESULT:

WITHDRAWN NO VOTE

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

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City Council Meeting September 03, 2009 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

RESULT:

FIRST READING [UNANIMOUS] Next: 9/24/2009 7:00 PM

MOVER:

Rick Stopfer, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

INDIVIDUAL CONSIDERATION 40

Ordinance No. ORD-2009-9112 -- Public Hearing and First Reading Amending Subsection (d) of Section 41-57 of Chapter 41 Entitled "Water and Sewer Systems" of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Setting a New Schedule of Drainage Fees; Providing an Effective Date; and Providing a Severability Clause

RESULT: 41

WITHDRAWN NO VOTE

Resolution No. RES-2009-401 -- Making Findings Related to the Need to Use City-Owned Land Located Along MacArthur Boulevard Between Weathered Street and Storyglen Street for the Construction of Fire House No. 4 The following registered in support of this item, but did not wish to speak. G. Peters, 601 Bellah Drive Gary Wendzel, 920 McCoy Drive Sharon Wendzel, 920 McCoy Drive Patricia McArdle, 921 McCoy Drive The following registered in opposition of this item: 2828 Gamelake Drive RESULT:

42

WITHDRAWN NO VOTE

Ordinance No. ORD-2009-9113 -- Amending Chapter 8 Entitled “Irving Building Standards Code” of the City of Irving, Texas, Development

16

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

39

7

City Council Meeting September 03, 2009

Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition. The following registered to speak in favor of this item. Patricia Owens, 1506 Ross Drive, Irving, Texas Kathy Carlton, 226 Phoenix Drive, Trophy Club, Texas Chief Boyd introduced the item and called on Sergeant Mitchell to give a presentation on this item. Sergeant Mitchell presented the power point presentation. City Manager Tommy Gonzalez noted and commended the department on how they analyzed the data through the Six Sigma process. RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rose Cannaday, Councilwoman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

ZONING CASES AND COMPANION ITEMS 43

Ordinance No. ORD-2009-9101 -- Zoning Case #ZC09-0038 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverages) Uses Approximately 1.5 Acres Located at 4300 West Airport Freeway (South Side of SH 183, East of Hard Rock Drive) - Greenberg Farrow, Applicant - Drury Southwest Inc., Owner (Postponed at the August 6, 2009 City Council Meeting) Mayor Gears introduced the item and noted that this item would be postponed indefinitely. RESULT:

POSTPONED NO VOTE [UNANIMOUS]

MOVER:

Rose Cannaday, Councilwoman

SECONDER:

Rick Stopfer, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 44

Ordinance No. ORD-2009-9114 -- Zoning Case #ZC09-0042 - Granting S-P-2 (Generalized Site Plan) for C-N (Neighborhood Commercial), Commercial

17

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

Standards and Construction Codes by Adding Article XI to Provide a Mandatory Crime Reduction Program in Apartment Complexes

7

City Council Meeting September 03, 2009 Parking, and Related Uses - Approximately 16.7 Acres Located at 7815 Esters Road - FreedomPark, LP, Applicant - Operating Engineers Funds, Inc., Owner Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition.

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 45

Ordinance No. ORD-2009-9115 -- Amending Chapter 33A of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Regarding Minimum Setbacks - City of Irving, Applicant Mayor Gears introduced the item and reviewed the SH 183 overlay project and stated that this would mitigate the appearance of the corridor. He also stated that a 30 foot setback would be required. RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Thomas Spink, Councilman

SECONDER:

Rick Stopfer, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink 46

Ordinance No. ORD-2009-9116 -- Amendment to Section 35-16 of the City of Irving Land Development Code, Party IV (Subdivision), to Require Transitional Lots Whenever a Plat for Single Family Uses Creates Lots Smaller Than Adjacent Lots - City of Irving, Applicant Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition. There were no speakers. Mayor Gears explained the standards for infill housing projects.

18

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

There were no speakers.

7

City Council Meeting September 03, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Allan Meagher, Councilman

SECONDER:

Lewis Patrick, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink

47

Adjournment The meeting adjourned at 9:25 p.m.

Citizens’ Forum Mary Chapin, 1013 N. Sleepy Hallow, spoke about the code violations on Sunnybrook Drive. Charles Cheeks, 115 S. MacArthur, addressed the Mayor and Council regarding bicycle access to sidewalks and public streets.

Herbert A. Gears, Mayor

ATTEST:

Janice Carroll, TRMC City Secretary

19

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Minutes Acceptance: Minutes of Sep 3, 2009 7:00 PM (CONSENT AGENDA)

APPOINTMENTS AND REPORTS

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: City Attorney’s Office

DOC ID: 2934 LSR No: N/A

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 Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: This resolution will allow the City of Irving to exercise its rights as a land owner in the The Las Colinas Association to maintain the high quality of this area of the City. 3. The City became a landowner and member in The Las Colinas Association with the purchase of the 39 acre site for the Convention Center. 4. Although the City does not pay dues to the Association as an exempt governmental entity, the City of Irving does have a significant investment in the convention center complex. 5. As with other owners in the Las Colinas development, participation in the affairs of The Las Colinas Association, which maintains the common areas and enforces the covenants and restrictions applicable to land in Las Colinas, helps to maintain the quality of the development and protect the value of the investment the City has made in the Convention Center. 6. The proposed resolution would give the Mayor, or his designee, on behalf of the City, the ability to sign proxies and vote for board members or amendments to the declarations which govern development in Las Colinas. 7. The next annual meeting of The Las Colinas Association is scheduled for October 5, 2009. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: N/A Council Action: N/A

ATTACHMENTS: TLCA Proxy and Special Power of Attorney-Annual Meeting Notice (PDF)

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CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/15/2009 03:45 PM by Charles Anderson Last Updated: 9/16/2009 09:07 AM by Belinda Rowlett

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2934)

WHEREAS, the City of Irving, Texas, has purchased 39 acres within the Las Colinas Urban Center in order to construct a new, state of the art convention center with an adjacent entertainment complex and possibly a hotel; and WHEREAS, ownership of this land gives the City membership in The Las Colinas Association; and WHEREAS, The Las Colinas Association performs important functions for a large portion of the City in terms of maintaining common areas to a high standard, enforcing covenants and deed restrictions, and preserving the property values within and adjacent to Las Colinas; and WHEREAS, the City of Irving is making a $100,000,000 investment in constructing a world class convention center within the Las Colinas portion of the City of Irving; and WHEREAS, the City Council believes it is wise and prudent to exercise Irving’s rights as a landowner in this area; and WHEREAS, the City Council desires to authorize the Mayor, or the Mayor’s designee, to act on behalf of the City in participating in the affairs of The Las Colinas Association; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT, on behalf of the City of Irving’s interest, the Mayor, or the Mayor’s designee, is hereby authorized to participate in the affairs of The Las Colinas Association by signing proxies, attending meetings, and voting on board members as well as any proposed amendments to the declarations governing Las Colinas.

SECTION II.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: TLCA Proxy and Special Power of Attorney-Annual Meeting Notice (2934 : 16 Authorizing Mayor to Act on TLCA Mtg)

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Attachment: TLCA Proxy and Special Power of Attorney-Annual Meeting Notice (2934 : 16 Authorizing Mayor to Act on TLCA Mtg)

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Attachment: TLCA Proxy and Special Power of Attorney-Annual Meeting Notice (2934 : 16 Authorizing Mayor to Act on TLCA Mtg)

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Attachment: TLCA Proxy and Special Power of Attorney-Annual Meeting Notice (2934 : 16 Authorizing Mayor to Act on TLCA Mtg)

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Attachment: TLCA Proxy and Special Power of Attorney-Annual Meeting Notice (2934 : 16 Authorizing Mayor to Act on TLCA Mtg)

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Attachment: TLCA Proxy and Special Power of Attorney-Annual Meeting Notice (2934 : 16 Authorizing Mayor to Act on TLCA Mtg)

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Engineering

DOC ID: 2900 LSR No: N/A

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 Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: The contract provides for the testing of construction materials for strength and durability and to ensure all construction is structurally sound to assure public welfare. This testing applies to construction operations for installation of engineering facilities for new City of Irving subdivisions and capital improvement projects. 3. Staff would like to negotiate with two firms. It is competitively based on results and customer service. The annual contract will be reviewed based on this criteria of performance and will be reported every year for the next yearly evaluation. Therefore, two geotechnical and construction material testing firms will be under contract per year. This new innovative methodology was created by the CIP/Engineering Department. 4. The Engineering staff requested qualifications from local testing firms and interviewed the thirteen (13) individual geotechnical firms that responded. The firms were comparatively analyzed on the basis of expertise, experience, qualified manpower, capability of timely response, proper equipment, method of calibration and certification, and method of report preparation and invoicing. 5. Based on previous experience, proposals, and interviews with the individual firms, staff is requesting authorization to negotiate contracts. 6. One out of 13 testing firms was Minority- and/or Women-owned Business (M/WBE). 7. As part of the contract, the consultant will provide the Minority- and/or Womenowned Business (M/WBE) participation amount. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: N/A Council Action: N/A

.

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CURRENT YEAR FINANCIAL IMPACT: N/A REVISION INFORMATION: Prepared: 8/31/2009 10:40 AM by Lana King Last Updated: 9/11/2009 09:02 AM by Lana King

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2900)

WHEREAS, pursuant to Section 2254.004 Government Code, the City Council has reviewed the competence and qualifications of various professionals and has determined that CTL/Thompson and Alpha Testing, based on said demonstrated competence and qualifications for the type of professional services to be performed, are the most highly qualified firms; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT based upon the demonstrated competence and qualifications of CTL/Thompson and Alpha Testing, the City Council initially selects said firms to provide engineering services for the Annual Geotechnical Engineering and Construction Materials Testing and Inspection Contract.

SECTION II.

THAT the City Council hereby directs that the Department of CIP/Engineering begin negotiating a contract with the firms initially selected in Section I above.

SECTION III.

THAT the price shall be fair and reasonable and should negotiations reach a stalemate, the department made responsible for this contract in Section II above shall return the item to the City Council agenda in order that the governing body may make the final determination and if said governing body is unable to negotiate an acceptable contract, formally end negotiations and begin negotiations with the second most highly qualified person or firm following the procedure set forth in the resolution and Section 2254.004 Government Code.

SECTION IV.

THAT should a contract be negotiated, the matter shall be returned to the City Council for final approval.

SECTION V.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Engineering

DOC ID: 2899 LSR No: N/A

Resolution -- 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 Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: This professional services contract will provide for the reconstruction design and undergrounding of aerial utilities for electrical, cable, and telecommunication lines. 3. An interview team evaluated the qualifications of local engineering firms and selected Jacobs Engineering Group, Inc. based on their roadway design, landscape expertise, and ability to complete project in an aggressive time frame. Based on this evaluation, staff is requesting the authorization to negotiate a contract. 4. As part of the contract, the consultant will provide the Minority- and/or Womenowned Business (M/WBE) participation amount. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: N/A Council Action: N/A

. ATTACHMENTS: O'Connor Pioneer to Sec (PDF) CURRENT YEAR FINANCIAL IMPACT: N/A REVISION INFORMATION: Prepared: 8/31/2009 10:11 AM by Lana King Last Updated: 9/11/2009 09:00 AM by Lana King

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2899)

WHEREAS, pursuant to Section 2254.004 Government Code, the City Council has reviewed the competence and qualifications of various professionals and has determined that Jacobs Engineering Group, Inc., based on said demonstrated competence and qualifications for the type of professional services to be performed, is the most highly qualified firm; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT based upon the demonstrated competence and qualifications of Jacobs Engineering Group, Inc., the City Council initially selects said firm to provide engineering design services for the O’Connor Reconstruction – Pioneer to Second Street Project.

SECTION II.

THAT the City Council hereby directs that the Department of CIP/Engineering begin negotiating a contract with the firm initially selected in Section I above.

SECTION III.

THAT the price shall be fair and reasonable and should negotiations reach a stalemate, the department made responsible for this contract in Section II above shall return the item to the City Council agenda in order that the governing body may make the final determination and if said governing body is unable to negotiate an acceptable contract, formally end negotiations and begin negotiations with the second most highly qualified person or firm following the procedure set forth in the resolution and Section 2254.004 Government Code.

SECTION IV.

THAT should a contract be negotiated, the matter shall be returned to the City Council for final approval.

SECTION V.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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EXHIBIT

PIONEER

ADA

VIRGINIA

VIRGINIA

.

LEGEND UNDERGROUNDING OF UTILITIES

CENTENNIAL

D:\GIS\2009\Ocon-2nd_to_RockIsland\OCONNOR_2nd-RockIsland.mxd

HASTINGS

5,900 Square Yards Concrete Pavement

SECOND OHIO

O'CONNOR

SOWERS

PAVEMENT IMPROVEMENTS

ROCK ISLAND

BEAUFF ORD

SOWERS

1" 1" == 250' 250' September September 02, 02, 2009 2009 Photo: Mar 2007 Photo: Mar 2007

MILLENNIUM

A

O'CONNOR ROADHERITAGE Second to Pioneer Packet Pg. 86

Attachment: O'Connor Pioneer to Sec (2899 : 19 Neg Jacobs for O'Connor Recon Pioneer to Second)

MAXWELL

O'CONNOR

CEDAR

DE ZAVALA MIDDLE

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Real Estate & Development

DOC ID: 2913 LSR No: 10073

Resolution -- Awarding a Contract to Weir Bros., Inc., for the Texas Stadium Demolition Project Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: The award of this contract for the demolition of Texas Stadium will meet the City’s stated goals for recycling the stadium materials and will provide for redevelopment of the site. 3. Bids were opened on August 12, 2009. Fifteen bids were received ranging from a base bid low of $5,433,300 to a high of $15,325,763. The bid included three alternates to be considered for award. Alternate 1 was to remove the stadium seats and place them on pallets ready for shipping. The seats were sold in the recent auction, and therefore Alternate 1 is not needed. Alternate 2 was for the removal of the remaining wooden lockers. The lockers are in the process of being removed by city forces, and therefore Alternate 2 in not needed. Alternate 3 was to specifically require the implosion of the stadium. Alternate 3 is being selected. 4. A team of City staff, Jacobs Engineering Group, Inc., and Terracon Consultants, Inc., conducted interviews with the top four bidders to determine among other things, the qualifications and methods of demolition for each bidder. Through this interview process, insight was gained from several of the top experts in the demolition field as to the appropriate methods of demolition, especially considering the safety aspects of the project. It was concluded that implosion is the safest method to demolish the structure. 5. The low base bid plus the selected Alternate 3 (implosion) was received from Weir Bros., Inc., in the amount of $5,883,300.00. Jacobs Engineering Group, Inc., has recommended award of the contract for the base bid and Alternate 3 (implosion) to Weir Bros., Inc., as the lowest, responsive and responsible bidder. City staff from Real Estate Services, Engineering, Facility Development and the Purchasing Departments concurs with Jacobs’ recommendation. 6. Additional project costs [beyond the Weir contract] include $500,000.00 for the owner’s contingency, $30,000.00 for testing, and $183,500.00 for air monitoring during asbestos abatement. The testing and air monitoring will be provided through the City's annual contract providers. 7. Notice to proceed is expected to be issued in October with a completion date of July 22, 2010. The preliminary schedule places the actual implosion in early 2010. The completion date corresponds to the City’s requirement to have the site cleared under the agreement with TxDOT concerning their construction staging use of the site. 8. The contractor will meet the City’s Environmental Stewardship initiatives by meeting the City’s stated goals for recycling the stadium materials. This includes 95% of the

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concrete and steel as well as the stated goals for other building materials. 9. There will be a significant media component to the demolition with the selection of the implosion option. Staff will be working with Corporate Communications and the Irving Convention and Visitor’s Bureau to coordinate the media and event activities associated with the implosion to maximize the City’s benefits with a focus on site redevelopment. 10. Minority- and/or Women-owned Business (M/WBE) participation on this award is 30%. 11. Funding in the amount of $6,596,800.00 is available in the Texas Stadium Rental #1 Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Council Action: N/A

On August 12, 2009 bids were received for Texas Stadium Demolition Project. Following is a tabulation of bids received:

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

CONTRACTOR

BASE BID

BASE BID + ALTERNATE 3 (IMPLOSION)

Weir Bros. Inc. NASDI, LLC Midwest Wrecking Co. LVI Facility Services D. H. Griffin of Texas Lindamood Demolition Manafort Brothers Lloyd D. Nabors Demolition Ontario Specialty Contracting Ahearn Contracting Anderson Excavating Grant McKay Demolition CST Environmental Dore & Associates Contracting Brandenburg Industrial Services

$5,433,300.00 $7,100,000.00 $6,555,200.00 $6,673,425.00 $6,808,443.00 $6,958,585.00 $6,925.000.00 $7,548,990.00 $7,870,102.00 $8,498,068.00 $8,624,000.00 $8,768,956.00 $9,341,300.00 $10,067,900.00 $15,325,763.00

$5,883,300.00 $6,448,000.00 $6,555,200.00 $6,673,425.00 $6,808,443.00 $7,208,585.00 $6,808,443.00 $7,548,990.00 $8,245,102.00 $8,798,068.00 $8,624,000.00 $9,115,495.00 $9,341,300.00 $10,217,900.00 $13,321,347.00

ATTACHMENTS: A. Awd Weir Bros for Tx Stadium Demo - Jacobs Letter of Recommendation for Award (PDF) B. Awd Weir Bros for Tx Stadium Demo - Terracons Letter of Recommendation for Asbestos Abatement (PDF)

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CURRENT YEAR FINANCIAL IMPACT: 5544-2701-56401-1160 Budget: $6,596,800.00 Budget Adjustment/Transfer Required: No

Actual: $6,596,800.00

REVISION INFORMATION: Prepared: 9/2/2009 06:31 PM by Cynthia Castro Last Updated: 9/17/2009 02:57 PM by Cynthia Castro

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2913)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves and accepts the bid of Weir Bros., Inc., in the amount of $5,883,300.00 for the Texas Stadium Demolition Project and awards the contract for the base specification and alternate 3 to said company in said amount and authorizes the Mayor to execute said contract.

SECTION II.

THAT the City Council hereby approves appropriation of $500,000.00 for owner’s contingency and $30,000.00 is hereby approved and authorized for testing to be performed by the City of Irving's contracted testing firm.

SECTION III.

THAT $183,500.00 is hereby approved and authorized for asbestos air monitoring to be performed by the City of Irving's contracted air monitoring firm.

SECTION IV.

THAT this expenditure shall be charged to Account No. 5544-2701-56401-1160 in the total amount of $6,596,800.00.

SECTION V.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

__________________________________ Max S. Duplant, CPA Chief Financial Officer

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: A. Awd Weir Bros for Tx Stadium Demo - Jacobs Letter of Recommendation for Award (2913 : 29 Awd Weir Bros for Texas Stadium

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Attachment: B. Awd Weir Bros for Tx Stadium Demo - Terracons Letter of Recommendation for Asbestos Abatement (2913 : 29 Awd Weir Bros

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Real Estate & Development

DOC ID: 2863 LSR No: 10028

Resolution -- 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 Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: This agreement reauthorizes annual funding for the Greater Irving-Las Colinas Chamber of Commerce to promote economic development and business growth through a series of highly effective strategies and programs. 3. The Chamber will provide specific, measurable services to increase the City’s tax base; to assist in increasing high-paying job opportunities for the City’s residents; to provide management and leasing of the three Texas Stadium Theme Towers; to assist the Salesmanship Club of Dallas and the HP Byron Nelson Tournament to assure adequate parking to meet Tournament needs; for the oversight and management of the redevelopment of the Irving Boulevard corridor including planning and design of Children’s Safety City/Public Safety Museum along the corridor; to assist in the creation of a Tax Increment Reinvestment Zone and the administration of the district; to assist redevelopment by modernizing land development regulations; and for the operation of a Chamber of Commerce Information Center and branch office in the Community Building located at 135 S. Jefferson. 4. Funding in the amount of $1,675,000.00 is available in the Economic Development Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: 2008-420 2008-526 2009-60 2009-298

Review Completed By: Karen Brophy Council Action: Approval of Agreement Approval of Addendum No. 1 Approval of Addendum No. 2 Approval of Addendum No. 3

1. On September 18, 2008, Council approved an agreement with the Greater Irving-Las Colinas Chamber of Commerce for economic development services to be provided from October 1, 2008 through September 30, 2009 in the amount of $1,360,000.00. The term of the agreement is six years subject to annual appropriations by the City Council, and will expire on September 30, 2014. 2. On November 6, 2008, Council approved Addendum No. 1 to allow for the Chamber to Packet Pg. 94

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provide management and leasing services for the three Texas Stadium Theme Towers and for parking provisions to support the PGA sponsored Byron Nelson Golf Tournament. 3. On February 5, 2009, Council approved Addendum No. 2 to allow for the Chamber to provide services to implement and sustain long-term redevelopment of the Irving Boulevard corridor, including planning and design of a museum with associated administrative expenses in the amount of $15,000.00, and for coordination of the Clarion Associates, LLC, contract in the amount of $270,000.00. 4. On July 9, 2009, Council approved Addendum No. 3 to allow for the Chamber to provide oversight and management of the redevelopment of the Irving Boulevard corridor, including the creation of a division of the Chamber focused on businesses within the Irving Boulevard corridor, and to operate a Chamber of Commerce Information Center and a branch office in the Community Building located at 135 S. Jefferson. ATTACHMENTS: ED Services Agreement City-Chamber 2009-10

(DOC)

CURRENT YEAR FINANCIAL IMPACT: 1020-2904-56401-100 Budget: $1,675,000.00 Actual: $1,675,000.00 Budget Adjustment/Transfer Required: No (If yes, please explain.) REVISION INFORMATION: Prepared: 8/14/2009 06:34 PM by Cynthia Castro Last Updated: 9/16/2009 10:28 AM by Cynthia Castro

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2863)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached agreement between the City of Irving and the Greater Irving-Las Colinas Chamber of Commerce for economic development services to be provided from October 1, 2009, through September 30, 2010, in an amount not to exceed $1,675,000.00, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this expenditure shall be charged to Account No. 1020-2904-56401-100.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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STATE OF TEXAS

Economic Development Services Contract

THIS ECONOMIC DEVELOPMENT SERVICES CONTRACT (hereafter referred to as “Contract”) is made by and between the GREATER IRVING-LAS COLINAS CHAMBER OF COMMERCE, a Texas nonprofit corporation (hereafter referred to as “CHAMBER”) and the CITY OF IRVING, TEXAS, a municipal corporation located in Dallas County, Texas (hereafter referred to as “CITY”), each acting by and through its duly authorized representatives. W I T N E S S E T H: WHEREAS, CITY desires to employ CHAMBER on an independent contractor basis to provide economic development services to CITY, and CHAMBER desires to furnish economic development services to CITY. It is the intent of the parties that CHAMBER and CITY shall establish and maintain an “arms length” relationship in which CHAMBER provides specific, measurable services, as more fully described below, in exchange for a specific amount of monetary remuneration, as more fully set forth below. The City and Chamber agree that the goal of this Agreement is promoting economic development and business growth through a series of highly effective strategies and programs with the following overall objectives: A. To increase the City’s tax base by implementing programs that could increase the occupancy of buildings in the City and increase the demand for available property that will result in anticipated increased lease rates in all markets; B. Assist in increasing high-paying job opportunities for the City’s residents; C. Assist the Salesmanship Club of Dallas and the HP Byron Nelson Tournament to assure adequate parking to meet Tournament needs. D. Management and leasing of the three Theme Towers owned by the City of Irving for the purpose of using this lease revenue for marketing, recruitment, and retention of existing businesses. E. Oversight and management of the redevelopment of Irving Boulevard. F. Development of an Information Center in the Irving South sub-market. 1.

CONTRACT. The CITY contracts with CHAMBER, and CHAMBER agrees to the Contract, to provide specific, measurable economic development services. This contract shall consist of four (4) unique sections.

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Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

§ § COUNTY OF DALLAS §

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I. ECONOMIC DEVELOPMENT SERVICES A. Scope of Services. CHAMBER shall use its best efforts in providing economic development services for the City both domestically and internationally. The CHAMBER shall promote economic development and business growth through a series of highly effective strategies and programs as outlined below: Objectives: i) Assist City to Increase the CITY’S tax base by: (a) Pursuing programs that could increase the occupancy of buildings in every market segment of the City, and (b) Pursuing programs that could increase the demand for available property thus enhancing the City’s tax base. ii)

Assist in increasing the number of high-paying job opportunities for the CITY’s residents

Services to be provided by the CHAMBER on behalf of the CITY include: i)

Site selection assistance for new or expanding businesses into all market segments of the City including, but not limited to, Downtown Irving/Heritage District, Irving South, TIF District, 161 Corridor; Foreign Trade Zone 39, DFW Freeport, Valley Ranch, Las Colinas and the Texas Stadium redevelopment area;

ii)

Coordination of relocation and/or expansion incentives offered by the City including the compiling, reviewing and analyzing of tax incentive agreements and other economic development incentive policies relating to economic development programs adopted by the CITY for submittal to CITY staff;

iii)

Assist businesses in compiling information necessary to qualify for incentive programs offered through Dallas County and/or the State of Texas;

iv)

Identify strategic markets and business classifications/categories for targeted advertising and recruitment into the city;

v)

Update and develop marketing and promotional materials that identify CITY as a preferred business location and produce new recruitment materials on an “as need” basis;

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Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

The parties agree as follows:

vi)

Create advertisements or support events that create a positive image for the CITY;

vii) Maintain open communication with commercial real estate brokers to emphasize Irving as a preferred address for their clients; viii) Develop initiatives that will result in direct contact with targeted firms by: a)

Attendance and use of promotional booth at conventions and trade shows of targeted business categories;

b)

Participating in Metroplex delegations and trade promotion activities to promote Irving and the Dallas-Fort Worth Metroplex;

c)

Working closely with national corporate relocation firms by making formal presentations to key staff as needed and providing them appropriate marketing material;

d)

Working closely with local relocation firms as needed to ensure that CITY receives maximum exposure from residential relocations associated with corporate moves.

ix)

Respond to all leads generated through trade shows, marketing trips, advertising and economic development allies with formal or informal corporate relocation proposals as appropriate;

x)

Review and recommend changes to the CITY’s incentive policies, as needed, to meet changing market conditions and remain competitive with similar cities; and

xi)

Assist the CITY in implementing its Strategic Plan with specific emphasis on Strategy Number 3, Cultivate an Environment Conducive to Strong, Successful Economic Development to Enhance and Diversify Irving’s Economic Base.

B. Performance Measures. Under this section of the agreement: a. Conduct site visits to 40 of Irving’s significant employers and/or businesses within the City and include representatives of the City Council, Economic Development Advisory Council members and/or Chamber Board members, as appropriate, to communicate that Irving appreciates these businesses being in the City, seek local opportunities to assist these businesses in being more successful, and identify new business leads from their vendors and/or customers.

Page 3 Packet Pg. 99

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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b. Make a minimum of 2,000 contacts with local businesses. These may be informal, drop-in visits to businesses by the Chamber or its members and/or City staff, welcome letters, congratulatory letters, forums and receptions as appropriate. c. The Chamber shall generate 50 new, viable projects that have a reasonable expectation of resulting in a relocation or expansion in the city of Irving. These leads will be generated through trade show missions, working with local, regional and national commercial real estate brokers and site selectors, and advertising and sponsorships of events by the Chamber. d. The Chamber shall pursue involvement of business leaders within the City to bring business decision-makers together to express appreciation for them choosing Irving and to provide them opportunities to develop new business relationships with their peers. The Chamber will coordinate at least four (4) events during the fiscal year. e. The Chamber shall coordinate at least four (4) Small Business Workshops during the fiscal year to disseminate information and resources for small businesses in Irving that will help them be more successful. f. The Chamber shall expand its use of the HP Byron Nelson Championship as a tool for recruiting new businesses into Irving and retention of existing businesses. The Chamber shall continue its participation with the North Texas Commercial Association of Realtors (NTCAR) by co-sponsoring the Las Colinas Bus Tour in conjunction with the Byron Nelson. g. The Chamber shall maintain visibility of the City of Irving with the commercial real estate brokers and/or Urban Land Institute by hosting or sponsoring events during the fiscal year. The intent will be to highlight the advantages of an Irving address for their clients. h. The Chamber shall participate in a minimum of four (4) events, including trade shows and/or mission trips, which will provide opportunities to meet prospects for relocation and/or expansion into Irving. These events may include joint participation in national or regional events with the Dallas-Fort Worth Marketing Team or other groups providing a focus on key markets or targeted business categories. i. Participate in advertising Irving in targeted markets outside of Texas. These will be targeted advertisements and events to highlight the advantages of an Irving address. j. Assist City in promoting redevelopment opportunities at Texas Stadium.

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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i)

providing business development and enhancement initiatives with a focus on Hispanic-owned businesses throughout Irving,

ii)

communicate and facilitate business development initiatives and programs of the City to the Hispanic-owned business community of Irving,

iii) encouraging Hispanic-owned business participation in existing business programs of the Chamber, the City and the IHCC, and iv) assisting the City in promoting minority and women-owned business initiatives. l. The Chamber shall support the preservation and redevelopment activities of the City by: i) providing business development and enhancement initiatives with a focus on Irving South; ii) assisting with special events and other activities to bring visitors to Irving with a specific emphasis on the Heritage District and surrounding area; and C. Consideration for Services. In consideration of the economic development services to be provided under this section by CHAMBER to CITY, the CITY shall pay to CHAMBER the amount of One Million Six Hundred Seventy-Five dollars ($1,675,000) for the CITY’s fiscal year beginning October 1, 2009 through September 30, 2010, and thereafter the same amount for each ensuing fiscal year of the term of this Contract. This amount shall be paid to the CHAMBER by CITY in monthly installments or after receipt from the CHAMBER of an invoice for services rendered. Payments made in subsequent years of the Contract will be made in accordance with the monthly payment terms set forth in this section unless changes in the payment schedules are approved by mutual written agreement. The CITY shall make payment on the first day of the month, or as soon as possible following approval by the City Council, in the following manner: a. CITY shall make payment installments to the CHAMBER in the amount of Two Hundred Twenty-Five Thousand Dollars ($225,000) in October 2009 and February 2010; One Hundred Thousand Dollars ($100,000) in November and December 2009 and January and March 2010; One Hundred Twenty-Five Thousand Dollars ($125,000) in April, May, June and July 2010; One Hundred Fifty Thousand Dollars ($150,000) in August; and One Hundred Seventy-Five Thousand Dollars ($175,000) in September 2010.

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

k. The Chamber shall provide an increase emphasis on the minority business market of Irving by:

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CHAMBER may request, and the CITY shall amend, the amount of payment in any one month up to a maximum of ten percent (10%), if the CHAMBER submits revisions to future months so that the total for the fiscal year does not exceed One Million Six Hundred Seventy-Five Thousand Dollars ($1,675,000). b. CITY funds provided to CHAMBER shall be used only for economic development activities and programs in accordance with Texas law and in accordance with the annual work plan and economic development budget presented to the City Council in July of each year and upon which the City Council based its line item appropriation supporting this Contract with CHAMBER. c. It is recognized that all payments are subject to appropriation of funding in the annual budget of CITY as adopted each year by the City Council. City funds provided to CHAMBER hereunder shall be used only for specific services described above, and as may be amended by mutual agreement of both parties. d. CITY agrees to make available to CHAMBER copies or original documents of CITY reports, papers, and data for CHAMBER mailing and marketing purposes, and may provide copying services for CHAMBER mailing and marketing purposes. e. Additionally, CHAMBER agrees to allow four City designees to attend Economic Development functions and events at no charge to the City. It is the intent that the staff persons shall be the City Manager, the City’s Chief Financial Officer, the City’s Real Estate and Development Director, and one additional person as designated by the City’s Real Estate and Development Director. f. It is understood that the amount budgeted for each respective fiscal year of this Contract shall not be exceeded for any reason without written authorization of the CITY. II. THEME TOWER MANAGEMENT Under this section of the agreement: •

Chamber shall provide the management and leasing of the three Texas Stadium Theme Towers (hereinafter referred to as “Theme Towers”). The two southern Theme Towers are located on City property and the third is located on University of Dallas property currently leased to the City.

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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•

Tournament parking - The City hereby authorizes the Chamber to contract for the use of the approximately 64.37 acres containing approximately 8,032 parking spaces located north of SH114, east of Loop 12 during the PGA sponsored HP Byron Nelson Championship for the purposes of providing parking for the tournament.

A. Scope of Services. To be provided by the Chamber for the City include: a. Leasing the Towers to strategically chosen tenants to promote one or more of the Overall Objectives; b. Leasing the Towers on the most favorable terms to create a stream of income to accomplish the Overall Objectives; and c. Working directly with and assisting the Salesmanship Club of Dallas and the HP Byron Nelson Championship to assure adequate parking to meet Tournament needs. B. Performance Measures. a. All agreements, leases or contracts related to the Scope of Services shall be submitted to the City Attorney in advance of execution by the Chamber. Such agreements, leases or contracts shall advance one or more of the Overall Objectives. Such agreements, leases or contracts must be according to terms complying with this Addendum which are approved as to form by the City Attorney, which approval will not be unreasonably denied. b. Any contract with a third party shall require the third party to indemnify both the City and the University of Dallas. The third party shall be required to name the City and the University of Dallas as an additionally insured on a general commercial liability policy in an amount that is acceptable to the City. Any contract related to the Scope of Services must be assignable to the City. c. Prepare and deliver, in person or in writing as directed by the City Manager an annual report on the prospects and possibilities and overall market conditions for leasing the Theme Towers. The City Manager may request reports on a more frequent basis. d. Prepare and deliver, as a part of the general budget preparation, a report in writing of the revenue and expenses generated by leasing and or operation of the Theme Towers and Parking lot; C. Consideration for Services. In consideration of the management and leasing services to be provided by Chamber to City, the City shall pay to Chamber the amount of Ten Dollars ($10) for the City’s fiscal year beginning October 1, 2009 through September 30, 2010, and thereafter the same amount for each ensuing

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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fiscal year of the term of this Addendum. It is recognized that all payments are subject to appropriation of funding in the annual budget of City as adopted each year by the City Council. D. Use of Revenue. a. Revenue from the Theme Towers shall be used first to offset any operational costs of the Theme Towers including electricity, maintenance, commissions, fees, rental payments, including any rental payments to the University of Dallas. b. Revenue generated from the leasing of the Theme Towers may be used for economic development marketing as well as hosting corporate executives, real estate executives, and site selectors who currently have vendors or customers already located within the City and are within 4 years of their current corporate lease renewal. c. The Chamber and Irving Economic Development Partnership will be able to use the revenue for increased targeted marketing to regional, national and international site selectors. d. The Theme Towers may also be used to promote and announce economic development wins for the City, advertise key community events including the convention center and entertainment venue and public information messages that are important to share with citizens and commuters along the major highways adjacent to the Theme Towers. e. The Theme Towers shall not be used to promote messages or themes contrary or opposed to the City or its adopted or stated positions or official stances. f. Any proceeds from the use of the parking shall be applied to the lease payment due to the University of Dallas under the existing lease between the City and the University of Dallas. Nothing herein prevents the City from paying the lease payments from City funds, if such funds are available. In no event shall the Chamber be responsible to cover any loss. III. IRVING BOULEVARD REDEVELOPMENT Under this Section of the Agreement: The City and Chamber agree that the goal of this section is promoting economic development and business growth through a series of highly effective strategies and programs with the following objectives:

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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To increase the City’s tax base by providing oversight and management of the redevelopment of the Irving Boulevard Corridor;

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To analyze the opportunities and assist in creation of a Tax Increment Reinvestment Zone, and provide administration of the district;

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To assist redevelopment by modernizing land development regulations.

A. Scope of Services. Services to be provided by the Chamber for the City include: a. Provide oversight and management of the redevelopment of the Irving Boulevard Corridor, including planning and design of a Children’s Safety City/Public Safety Museum along the corridor. b. Make recommendation to the City Council of feasibility of creation of a Tax Increment Reinvestment Zone, its project and financing plan and provide administration of the district if created by the City Council. c. Administration of consulting agreement with Clarion Associates LLC for the recommendation and drafting of land development ordinances including a comprehensive zoning ordinance and subdivision ordinance. B. Performance Measures. a. The Chamber shall create a division focused on Irving Boulevard businesses and provide the leadership to complete a strategic plan and identify potential projects for the redevelopment of the Irving Boulevard Corridor. b. Timely performance of the Clarion Associates services including the preparation of public hearing ready drafts of ordinances by February 1, 2010. c. The Chamber shall provide to the City a written performance report, on a quarterly basis in January, April, July and October, of the progress and accomplishments of these performance measures. The City Manager may request reports on a more frequent basis. C. Consideration for Services. Under this section shall be: a. City will provide the Chamber the services of a City employee for project management of the Irving Boulevard Redevelopment and the Clarion Associates consulting contract. b. City will provide the City employee all city compensation and benefits at City’s expense, along with usual office and administrative support.

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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IV. CHAMBER OF COMMERCE INFORMATION CENTER A. Scope of Services. CITY will provide the CHAMBER the use of the Community Building located at 135 S. Jefferson, for its use as a Chamber of Commerce Information Center and branch office for the Irving Boulevard project. Consideration of all costs and maintenance of the building and grounds shall remain the responsibility of the City. The City shall make mutually agreed alterations to the building throughout the term of this agreement. The CHAMBER shall compensate the CITY an amount of $1,500 per month in lease payments and $1,250 per month to offset the costs of utilities, maintenance, and security to the building. 2. INDEPENDENT CONTRACTOR STATUS. CHAMBER is acting as an independent contractor when providing economic development services for CITY under this Contract. The CHAMBER shall manage the economic development activities performed pursuant to this Contract, the results of which are to meet with the approval of the CITY. It is further agreed that the CITY will utilize, and the CHAMBER will place high priority upon, the following as mechanisms for the Council to evaluate and determine the adequacy of the results of the CHAMBER services provided under this Contract: the Council '’annual public hearing process for the CITY'’ operating budget; written and verbal CHAMBER presentations to the City Council; monthly meetings between CITY and CHAMBER staff; and the use of the Strategic Plan as adopted by the CITY. 3. CHAMBER POSITIONS ON ISSUES. It is further agreed that when the CHAMBER takes formal positions on public policy issues that those positions will be communicated to the Mayor, City Council and City Manager of the CITY as a means of contributing to the City Council’s development of balanced, progressive public policies that reflect the best interest of CITY business community, its citizens, and its enhanced quality of life. In formulating its positions on public policy issues, the CHAMBER will continue to give balanced consideration to the interest of CITY’s business community as well as that of the entire community. It is expressly understood and agreed that the presence of this Contract shall not preclude the CHAMBER from advancing its policy positions to or before the Irving City Council. However, the CHAMBER will use its best efforts to ensure that verbal presentations of policy positions before the City Council for the City will be done by CHAMBER Chairman of the Board, President/CEO, staff and other volunteer group leaders, as appropriate. Upon adoption of a policy by the City Council of the CITY, the CHAMBER will in its business recruitment /marketing efforts always support that policy and present CITY as the preferred choice for business location.

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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4. TERM AND TERMINATION. This Contract shall be for a period of six (6) years commencing on October 1, 2009. It is the intent of both parties that this Contract be reviewed annually in a joint meeting and any amendments be presented to the City Council when annual compensation is being determined. The expiration date shall be September 30, 2015. The amount of annual funding for future periods will be established by the City Council of the CITY during its normal budget process. Either party may terminate this Contract upon ninety (90) days written notice to the other party. 5. REPORTING. CHAMBER shall provide the City Manager and Real Estate and Development Director a preliminary operating budget by May 15 of each year, copies of its economic development division’s annual work program and proposed operating budget by July 15 of each year and a copy of its annual audited financial statement within one hundred twenty (120) days after the end of the CHAMBER’s fiscal year. The CHAMBER will also submit copies of the management letter, prepared by the independent auditor in conjunction with the annual audit, within ten (10) days of its presentation to the CHAMBER’s Board of Directors. The CHAMBER shall also submit copies of the CHAMBER’s response to the management letter to the City Manager and Chief Financial Officer no later than forty five (45) days after receipt of the management letter. Copies of quarterly budget reports, including revenue and expenses by budget categories will also be provided to the CITY as requested, or required, by the CITY. The financial records associated with this Contract shall be made available for review by the City or its designated representative, upon request and reasonable advance notice by the CITY. It is specifically agreed that the CHAMBER shall meet with the City Manager and/or the Real Estate and Development Director of the CITY, not less than once each calendar quarter, to discuss progress and target market strategies. The CHAMBER shall provide to the CITY performance reports, on a quarterly basis in January, April, July and October, of the progress and accomplishments of the CHAMBER’s economic development efforts. The CITY, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by Chamber with respect to the Services. If such audit shall disclose overpayment by the CITY to the Chamber, written notice of such overpayment shall be provided to the Chamber and the amount of overpayment shall be promptly reimbursed by the Chamber to the City. In the event such overpayment is not paid within ten (10) days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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It is also the intent of this Contract that the CHAMBER report on the status and effectiveness of economic development efforts in a manner that is consistent with this agreement. CHAMBER also agrees to annually report to the CITY a complete listing of all firms/businesses that the CHAMBER materially assisted with their relocation or expansion to CITY. Included in this report will be a listing of all announced new jobs, and the levels of new business investment associated with each firm when determination of such new investment is possible. Records of the CHAMBER relative to this contract and use of public monies shall be open to the public. The only exception to this provision is those records directly related to active client contacts of negotiations, including the identity of client firms and site location considerations. Nothing herein shall be construed to require greater disclosure than state law requires, as may be determined by court order or Attorney General’s Opinion. Notwithstanding state law, however, the City Council of the CITY shall be entitled to determine as a matter of public policy that certain records should be disclosed. Nothing herein shall be construed to imply that the CHAMBER itself is subject to the Open Records Act. 6. NOTICES. Any notices or other communications including prompt notice of any change of address or any other matters required or desired to be given to CITY or CHAMBER shall be given in writing or delivered by courier, overnight delivery service, facsimile transmission, or through the U.S. postal service, postage prepaid and by certified mail, return receipt requested, at the following addresses: CITY:

City of Irving 825 West Irving Boulevard Irving, Texas 75060 Attention: Tommy Gonzalez, City Manager

CHAMBER:

Greater Irving-Las Colinas Chamber of Commerce 5221 N. O’Connor Boulevard Suite 100 Irving, Texas 75039 Attention: Chris E. Wallace, President /CEO

7. BINDING CONTRACT. This Contract is binding and shall inure to the benefit of the parties and their respective legal representatives, successors, and assigns. 8. HEADINGS. The headings and captions in this Contract are for convenience only and shall in no way amend, modify, or in any way affect the substance of this Contract. 9. AMENDMENT. This Agreement may not be modified, altered or amended except by written instrument duly executed by both parties.

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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10. GOVERNING LAW. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Dallas County, Texas. 11. SOLE AGREEMENT. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or oral agreements between the parties respecting the subject matter. EXECUTED on this the ________ day of __________________, 2009.

CITY OF IRVING, TEXAS

GREATER IRVING-LAS COLINAS CHAMBER OF COMMERCE

BY:

BY: HERBERT A. GEARS Mayor

ATTEST:

CHRIS E. WALLACE President/CEO

WITNESS:

JANICE CARROLL City Secretary

APPROVED AS TO FORM:

CHARLES ANDERSON City Attorney

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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THE STATE OF TEXAS § § COUNTY OF DALLAS §

Chamber Acknowledgment

BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Chris E. Wallace, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of CHAMBER, a non-profit corporation of Dallas County, Texas, and as President thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____day of ____________, 2009.

(Seal) Notary Public In and For the State of Texas

My Commission Expires: ____________________

Attachment: ED Services Agreement City-Chamber 2009-10 (2863 : 29 Agree Irving Chamber of Commerce FY09-10 Ec Dev)

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Real Estate & Development

DOC ID: 2914 LSR No: 10096

Resolution -- Approving a Sister Cities/International Trade Development and Assistance Center Services Contract with the Greater Irving-Las Colinas Chamber of Commerce Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: This contract will approve FY2009-10 funding for the Chamber to provide sister cities and international trade services to the City. 3. The Chamber will carry out a program of exchanges between the City and its participating sister cities, which are focused on business, but may also be cultural, artistic, educational, business, economic, community, and/or other appropriate forms of exchanges, in keeping with the purpose of the worldwide sister cities program. 4. Funding in the amount of $160,000.00 for the period of October 1, 2009, through September 30, 2010, is available in the Economic Development Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Karen Brophy Council Action: N/A

ATTACHMENTS: RES Agree ISC-ITDAC City Contract 2009-10 (3)

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 1020-2904-56401-100 Budget: $160,000.00 Actual: $160,000.00 Budget Adjustment/Transfer Required: No (If yes, please explain.) REVISION INFORMATION: Prepared: 9/2/2009 06:36 PM by Cynthia Castro Last Updated: 9/8/2009 04:44 PM by Belinda Rowlett

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2914)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Sister City/International Trade Development and Assistance Center Services Contract between the City of Irving and the Greater Irving-Las Colinas Chamber of Commerce for sister cities and international trade services for the period of October 1, 2009, through September 30, 2010, in an amount not to exceed $160,000.00, and the Mayor is authorized to execute said contract.

SECTION II.

THAT this expenditure shall be charged to Account No. 1020-2904-56401-100.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Sister Cities/International Trade Development and Assistance Center Services Contract

This Sister Cities/International Trade Development and Assistance Center Services Contract (hereafter referred to as "Contract") is made by and between the GREATER IRVINGLAS COLINAS CHAMBER OF COMMERCE, a Texas nonprofit corporation (hereafter referred to as "CHAMBER") and the CITY OF IRVING, Texas, a municipal corporation located in Dallas County, Texas (hereafter referred to as "CITY"), each acting by and through its duly authorized representatives. WITNESSETH: WHEREAS, CITY desires to employ CHAMBER on an independent contractor basis to provide sister cities/trade center services to CITY, and CHAMBER desires to furnish such services to CITY. It is the intent of the parties that CHAMBER and CITY shall establish and maintain an "arms length" relationship in which CHAMBER provides specific, measurable services, as more fully described below, in exchange for a specific amount of monetary remuneration, as more fully set forth below. The parties agree as follows: 1. Contract. CITY Contracts with CHAMBER, and CHAMBER agrees to Contract with City, to provide specific, measurable sister cities/trade center services. The CHAMBER has provided the CITY with significant financial and other benefits through the various CHAMBER programs and now desires to enter into this Contract with the CITY for the services described below. 2. Scope of Services. CHAMBER shall use its best efforts in rendering sister cities and international trade services to the CITY. In this connection, CHAMBER will accomplish the activities which are more particularly described as follows: The CHAMBER will: a. Assign the coordination of the sister cities program to a division of the CHAMBER which may solicit and be composed of members of the community on a volunteer basis; and provide for a governing structure for such division; b. Provide staff support for international/government relations programs; c. Carry out a program of exchanges between City of Irving, TEXAS, and its participating sister cities, which exchanges focused on business, but may also be cultural, artistic, educational, business, economic, community, and/or other appropriate forms of exchanges, in keeping with the purpose of the worldwide sister cities program;

Sister Cities Program Contract

Attachment: RES Agree ISC-ITDAC City Contract 2009-10 (3) (2914 : 29 Agree Sister City GILCCC)

THE STATE OF TEXAS § § COUNTY OF DALLAS §

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d. Through the sister cities program, promote foreign visits to and business activity in the City of Irving, TEXAS;

f. Serve as an international protocol resource and liaison to the Mayor, City Council, and City Manager of City in their dealings with foreign citizens, entities, and governmental units; g. Promote community participation in the sister cities and trade center program; h. Identify and recommend from time to time as the opportunity may arise, potential additional sister cities and/or friendship cities in foreign countries; and upon approval by City, to explore and/or facilitate with the foreign city the formation of a sister city or friendship city relationship; i.

Enhance existing sister cities relationships;

j.

Host six events related to international business; and

k. Facilitate international business development opportunities and education for local companies by conducting four information/training seminars on “How to do Business in Mexico”, facilitating a minimum of four trade missions in and/or out of Irving, Texas and assist a minimum of 150 companies with international trade opportunities. None of the funds paid by the CITY to the CHAMBER pursuant to this one year Contract shall be expended for travel between Irving and any City of Irving, TEXAS Sister City without approval from the City Manager. 3. Consideration for Services. In consideration for the sister cities services to be provided by CHAMBER to CITY, CITY shall pay to CHAMBER the amount of One Hundred and Sixty Thousand Dollars and No Cents ($160,000.00) for the CITY's fiscal year beginning October 1, 2009. This amount shall be paid to the CHAMBER by CITY in TWELVE (12) monthly installments of $13,333.33 each. This amount shall be paid to the CHAMBER by CITY in monthly installments or after receipt from the CHAMBER of an invoice for services rendered. Payments in subsequent years, if any, if the Contract is renewed pursuant to the term and termination provision of this Contract, will be made in a similar manner for the fiscal year for which the payments are budgeted unless changes in the payment schedules are approved by mutual written agreement of both parties.

Attachment: RES Agree ISC-ITDAC City Contract 2009-10 (3) (2914 : 29 Agree Sister City GILCCC)

e. Receive, recognize and extend hospitality to foreign visitors to City of Irving, TEXAS in keeping with the level of official status and/or distinction of the visiting person, group or delegation;

CITY funds provided to CHAMBER pursuant to this Contract shall be used only for sister Sister Cities Program Contract

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It is recognized that all payments are subject to appropriation of funding in the annual budget of CITY as adopted each year by the City Council of CITY. CITY funds provided to CHAMBER hereunder shall be used only for specific services described in Section 2, above, and as may be amended by mutual written agreement of both parties. Additionally, CITY agrees to make available to CHAMBER copies or original documents (from which CHAMBER may reproduce additional copies) of CITY reports, papers and data for CHAMBER distribution purposes. 4. Independent Contractor Status. CHAMBER is acting as an Independent Contractor when providing sister cities services for CITY under this Contract. The CHAMBER shall manage the sister cities/trade center activities performed pursuant to the Contract, the results of which are met with the approval of the CITY. It is further agreed that the CITY will utilize, and the CHAMBER will place high priority upon, the following as mechanisms for the City Council of CITY to evaluate and determine the adequacy of the results of the CHAMBER's services provided under this Contract: the City Council's annual public hearing process for the CITY's operating budget; the Council's annual public review of the CHAMBER's proposed work program and operating budget for the sister cities/trade center program; and written and verbal CHAMBER presentations to the City Council and monthly meetings between CITY and CHAMBER staff. It is specifically agreed that the CHAMBER shall meet with the Mayor, City Council and City Manager of the CITY, not less than once each calendar quarter. The CHAMBER will report the progress and accomplishments of the CHAMBER's sister cities efforts pursuant to the approved budget and in a manner consistent with the recommendations of Section 6 of this Contract. Chamber will also meet at least quarterly with CITY staff to discuss strategies regarding improving the sister cities program. It is expressly understood and agreed that the presence of this Contract shall not preclude the CHAMBER from advancing its policy positions to or before the City Council of CITY. However, the CHAMBER will use its best efforts to ensure the verbal presentations of policy positions before the City Council of the CITY will be done by CHAMBER Chairman of the Board, President/CEO and staff and other volunteer group leaders as appropriate. Upon adoption of a policy by the City Council of the CITY, the CHAMBER will in its sister cities efforts always support that policy and present CITY as the preferred choice for tourists, cultural, business and convention location.

Attachment: RES Agree ISC-ITDAC City Contract 2009-10 (3) (2914 : 29 Agree Sister City GILCCC)

cities activities and programs in accordance with Texas law and in accordance with the annual work plan and sister cities budget presented to the City Council of the CITY in August of each year and upon which the City Council of CITY based its line item appropriation supporting this Contract with CHAMBER.

5. Term and Termination. This Contract shall be for a period of one (1) year commencing on October 1, 2009. With the mutual written agreement of both parties, this Contract may be renewed and extended for additional one (1) year periods. The amount of Sister Cities Program Contract

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funding for a renewal period must be approved by the City Council of the CITY.

6. Reporting. CHAMBER shall provide the Mayor, City Council, City Manager and Managing Director-Support Services of the CITY copies of its sister cities/trade center annual work program and proposed operating budget by July 15 of each year, a preliminary operating budget by May 15 of each year and a copy of sister cities annual financial statement within one hundred twenty (120) days after the end of the term of this Contract. The CHAMBER shall provide copies of financial statements regarding the sister cities/trade center program as requested to the Mayor, City Council, City Manager and Managing Director-Support Services of the CITY. Additionally, the CHAMBER will provide the Mayor, City Council, City Manager and Managing Director-Support Services of the CITY verbal and written performance reports of its sister cities/trade center operations as required by the CITY. The CITY, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by Chamber with respect to Services. If such audit shall disclose overpayment by CITY to Chamber, written notice of such overpayment shall be provided to the Chamber and the amount of overpayment shall be promptly reimbursed by the Chamber to the CITY. In the event any such overpayment is not paid within ten (10) days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from date of such notice until paid. It is also the intent of this Contract that the CHAMBER administer this Contract, and report to the Mayor, City Council and City Manager of CITY on the administration of this Contract and on the status and effectiveness of sister cities/trade center efforts in a manner that is consistent with this Contract. Nothing herein shall be construed to require greater disclosure to the general public than Texas law requires, as may be determined by court order or Attorney General's opinion. Nothing herein shall be construed to imply that the CHAMBER itself is subject to the Texas Open Records Act. 7. Notices. Any notices or other communications including prompt notice of any change of address or any matters required or desired to be given to CITY or CHAMBER shall be given in writing or delivered by courier, overnight delivery service, facsimile transmission or through the U.S. postal service, postage prepaid and by certified mail, return receipt requested at the following addresses:

Sister Cities Program Contract

Attachment: RES Agree ISC-ITDAC City Contract 2009-10 (3) (2914 : 29 Agree Sister City GILCCC)

Either party may terminate this Contract upon ninety (90) days written notice to the other party. The CITY will continue to pay monthly installments to the CHAMBER under Section 3a of this Contract until the termination of this Contract.

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City of Irving 825 W. Irving Boulevard Irving, Texas 75060 Attn: Tommy Gonzalez, City Manager

CHAMBER: Greater Irving-Las Colinas Chamber of Commerce 5221 N. O’Connor Blvd., Suite 100 Irving, Texas 75039 Attn: Chris E. Wallace, President/CEO 8. Binding Contract. This Contract is binding and shall insure to the benefit of the parties and their respective legal representatives, successors, and assigns. 9. Headings. The headings and captions in this Contract are for convenience only and shall in no way amend, modify, or in any way affect the substance of this Contract. 10. Governing Law. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Dallas County, Texas. 11. Sole Agreement. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter. Executed on this the ____day of ________________, 2009.

CITY OF IRVING, TEXAS

GREATER IRVING-LAS COLINAS CHAMBER OF COMMERCE

BY:

BY: HERBERT A. GEARS Mayor

CHRIS E. WALLACE President/CEO

ATTEST:

JANICE CARROLL City Secretary

Attachment: RES Agree ISC-ITDAC City Contract 2009-10 (3) (2914 : 29 Agree Sister City GILCCC)

CITY:

APPROVED AS TO FORM:

CHARLES ANDERSON City Attorney Sister Cities Program Contract

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Chamber Acknowledgment

BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Chris E. Wallace, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of CHAMBER, a non-profit corporation of Dallas County, Texas, and as President thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____day of ____________, 2009.

(Seal) Notary Public In and For the State of Texas

My Commission Expires: ____________________

Sister Cities Program Contract

Attachment: RES Agree ISC-ITDAC City Contract 2009-10 (3) (2914 : 29 Agree Sister City GILCCC)

THE STATE OF TEXAS § § COUNTY OF DALLAS §

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Real Estate & Development

DOC ID: 2912 LSR No: 9511

Resolution -- Approving a Right-of-Entry and Construction Easement for the DART LRT Orange Line Project on Property Owned by BF Las Colinas, L.P. Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Approval of the easement will allow immediate access to the property by DART’s contractor to begin construction activities related to the DART LRT Orange Line project. 3. The DART LRT Orange Line Project requires the acquisition of a 249 square-foot corner clip on the Four Seasons property. DART is acquiring the corner clip. 4. Due to the proximity of the DART LRT Orange Line to the golf course, the Four Seasons requires that additional landscaping be installed at a cost of $25,000.00. 5. Funding in the amount of $25,000.00 is available in the Street Improvement Bond Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Karen Brophy Council Action: N/A

ATTACHMENTS: A. Agree ROE Ease Four Seasons - DART Orange Location Map (PDF) B. RES Agree ROE Ease Four Seasons - DART Orange Contract (PDF) CURRENT YEAR FINANCIAL IMPACT: 4005-2111-77009-902018 Budget: $25,000.00 Budget Adjustment/Transfer Required: No

Actual: $25,000.00

REVISION INFORMATION: Prepared: 9/2/2009 05:19 PM by Cynthia Castro Last Updated: 9/8/2009 02:06 PM by Cynthia Castro

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2912)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Right-of-Entry and Construction Easement with BF Las Colinas, L.P., in the amount of $25,000.00 for the DART LRT Orange Line Project.

SECTION II.

THAT this expenditure shall be charged to Account No. 4005-2111-77009-902018.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: A. Agree ROE Ease Four Seasons - DART Orange Location Map (2912 : 29 Agree ROE Ease

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Attachment: B. RES Agree ROE Ease Four Seasons - DART Orange Contract (2912 : 29 Agree ROE Ease

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Attachment: B. RES Agree ROE Ease Four Seasons - DART Orange Contract (2912 : 29 Agree ROE Ease

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Attachment: B. RES Agree ROE Ease Four Seasons - DART Orange Contract (2912 : 29 Agree ROE Ease

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Attachment: B. RES Agree ROE Ease Four Seasons - DART Orange Contract (2912 : 29 Agree ROE Ease

15

AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Real Estate & Development

DOC ID: 2904 LSR No: 9844

Resolution -- 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 Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: Acquisition of the public utility easement will allow for the relocation of the City’s existing utilities in support of the State Highway 114 expansion and DART Orange Line project. 3. The property is located on the south side of State Highway 114 between Fortune Drive and the Las Colinas Country Club. The highway expansion requires the relocation of multiple utilities including the City’s water and sewer mains. The City’s utilities are being relocated as part of the TxDOT highway contract. 4. The owner has accepted the appraised value of $24,851.00 for the purchase of the 25-foot public utility easement. An additional $5,000.00 is needed for closing costs. 5. Funding in the amount of $29,851.00 is available in the Street Improvement Bond Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Karen Brophy Council Action: N/A

ATTACHMENTS: A. Acq PUE SH114 Sprint Location Map (PDF) Acq Sprint PUE for SH114 DART Orange Contract

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 4005-2111-77009-902018 Budget: $29,851.00 Actual: $29,851.00 Budget Adjustment/Transfer Required: No (If yes, please explain.) REVISION INFORMATION: Prepared: 8/31/2009 05:31 PM by Cynthia Castro Last Updated: 9/8/2009 10:53 AM by Karen Brophy

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2904)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Easement Purchase Contract with Sprint/United Management Company in the amount of $24,851.00 plus closing costs not to exceed $5,000.00 for the acquisition of a 25-foot public utility easement located along State Highway 114, and the Mayor is authorized to execute said contract and related conveyance documents.

SECTION II.

THAT this expenditure shall be charged to Account No. 4005-2111-77009-902018.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: A. Acq PUE SH114 Sprint Location Map (2904 : 29 Acq PUE SH 114 from Sprint)

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Attachment: Acq Sprint PUE for SH114 DART Orange Contract (2904 : 29 Acq PUE SH 114 from Sprint)

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Attachment: Acq Sprint PUE for SH114 DART Orange Contract (2904 : 29 Acq PUE SH 114 from Sprint)

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Attachment: Acq Sprint PUE for SH114 DART Orange Contract (2904 : 29 Acq PUE SH 114 from Sprint)

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Attachment: Acq Sprint PUE for SH114 DART Orange Contract (2904 : 29 Acq PUE SH 114 from Sprint)

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Attachment: Acq Sprint PUE for SH114 DART Orange Contract (2904 : 29 Acq PUE SH 114 from Sprint)

16

AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Real Estate & Development

DOC ID: 2905 LSR No: 10086

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 Administrative Comments 1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational Environments. 2. Impact: The acquisition of this property will facilitate the expansion of City facilities. 3. This property is currently under contract to be purchased by Sierra Plateau, Ltd., at a contract purchase price of $97,500.00. The proposed purchaser has agreed to assign his interest in the contract to the City. In addition to the purchase price, the City is expected to incur no more than $5,000.00 in closing costs. 4. Funding in the amount of $102,500.00 is available in the Non-Bond CIP Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Karen Brophy Council Action: N/A

ATTACHMENTS: Acq 506 Larry Drive Contract Assignment

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 4001-1402-77009-909058 Budget: $102,500.00 Actual: $102,500.00 Budget Adjustment/Transfer Required: No (If yes, please explain.) REVISION INFORMATION: Prepared: 8/31/2009 05:52 PM by Cynthia Castro Last Updated: 9/10/2009 11:55 AM by Karen Brophy

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2905)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Assignment of Contract of Sale between Sierra Plateau, Ltd., and the City of Irving in the amount of $97,500.00 plus closing costs not to exceed $5,000.00 for the acquisition of a single-family residence located at 506 Larry Drive, and the Mayor is authorized to execute said contract and related conveyance documents.

SECTION II.

THAT this expenditure shall be charged to Account No. 4001-1402-77009-909058.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: Acq 506 Larry Drive Contract Assignment (2905 : 29 Acq 506 Larry Drive)

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Attachment: Acq 506 Larry Drive Contract Assignment (2905 : 29 Acq 506 Larry Drive)

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Attachment: Acq 506 Larry Drive Contract Assignment (2905 : 29 Acq 506 Larry Drive)

17

AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Real Estate & Development

DOC ID: 2906 LSR No: 10087

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 Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. Impact: Acquisition of this property will continue the corridor enhancement program and improve motorist safety. 3. This property is currently under contract to be purchased by Sierra Plateau, Ltd., at a contract purchase price of $129,000.00. The proposed purchaser has agreed to assign his interest in the contract to the City. In addition to the purchase price, the City is expected to incur no more than $5,000.00 in closing costs. 4. Funding in the amount of $134,000.00 is available in the Street Improvement Bond Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Karen Brophy Council Action: N/A

ATTACHMENTS: Acq 614 Westwood Drive Contract Assignment (PDF) CURRENT YEAR FINANCIAL IMPACT: 4005-1902-77009-909048 Budget: $134,000.00 Actual: $134,000.00 Budget Adjustment/Transfer Required: No (If yes, please explain.) REVISION INFORMATION: Prepared: 8/31/2009 06:11 PM by Cynthia Castro Last Updated: 9/10/2009 11:53 AM by Karen Brophy

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2906)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Assignment of Contract of Sale between Sierra Plateau, Ltd., and the City of Irving in the amount of $129,000.00 plus closing costs not to exceed $5,000.00 for the acquisition of a single-family residence located at 614 Westwood Drive, and the Mayor is authorized to execute said contract.

SECTION II.

THAT this expenditure shall be charged to Account No. 4005-1902-77009-909048.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: Acq 614 Westwood Drive Contract Assignment (2906 : 29 Acq 614 Westwood)

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Attachment: Acq 614 Westwood Drive Contract Assignment (2906 : 29 Acq 614 Westwood)

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Attachment: Acq 614 Westwood Drive Contract Assignment (2906 : 29 Acq 614 Westwood)

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Attachment: Acq 614 Westwood Drive Contract Assignment (2906 : 29 Acq 614 Westwood)

18

AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Water Utilities

DOC ID: 2941 LSR No: 10102

Resolution -- 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 Administrative Comments 1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community. 2. Impact: These funds will seek to improve air quality through the installation of antiidling technology that eliminates the necessity to idle fleet vehicles for equipment and emergency lighting usage. 3. The North Central Texas Council of Governments (NCTCOG) has partnered with the Texas Commission on Environmental Quality and the Environmental Protection Agency and made funding available in the form of a competitive grant process. 4. If awarded, funds will be used for the improvement of DFW air quality for the purpose of attainment of National Ambient Air Quality Standards (NAAQS) and for an overall reduction in fossil fuel consumption by the city’s fleet vehicles. 5. Administration of this program will be delegated to the Water Utilities and Intergovernmental Services departments. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Charles Anderson Council Action: N/A

. CURRENT YEAR FINANCIAL IMPACT: None REVISION INFORMATION: Prepared: 9/17/2009 11:56 AM by Jennifer Dwyer Last Updated: 9/17/2009 02:44 PM by Belinda Rowlett

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2941)

WHEREAS, the City of Irving is located within Dallas County, which is one of nine Dallas-Fort Worth counties in non-attainment of the Environmental Protection Agency’s (EPA) National Ambient Air Quality Standards, and the City seeks to improve the regional air quality for the purposes of attainment; and WHEREAS, 45 percent of pollutants that cause poor air quality are produced by on-road and mobile sources, and the implementation of programs that reduce these pollutants are beneficial to the overall health and safety of the community and residents; and WHEREAS, the proposed on-board idling infrastructure utilizes power cell technology to allow a vehicle’s emergency lighting and other equipment to be used while the engine is off, thereby eliminating the necessity to idle fleet vehicles during normal operations; and WHEREAS, the City of Irving adopted the Regional Transportation Council’s Clean Fleet Policy, as required for eligibility, on June 1, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby authorizes 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 the Mayor is authorized to execute the attached application.

SECTION II.

THAT the City Council hereby approves, if awarded, the acceptance of Heavy-Duty Vehicle and Equipment Grant Program funding and authorizes the Mayor to execute an agreement with the North Central Texas Council of Governments for receipt of said funds.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Water Utilities

DOC ID: 2916 LSR No: 10042

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 Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: This contract benefits the City of Irving residents by performing laboratory analysis of the water and wastewater generated within the City required to meet and exceed state standards. 3. The City is required by Federal and State law to perform laboratory analysis of the water and wastewater generated within the City. The Trinity River Authority (TRA) is a State Certified Laboratory which contracts laboratory analysis services in this area. 4. This is a renewal of the contract for those services. TRA is conveniently located, gets results back quickly, works to the City’s needs and has provided excellent service for the past twenty years. 5. Funding in the amount of $216,000.00 is available in the Water and Sewer System Fund and $54,000.00 is available in the Municipal Drainage Utility Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: 2008-530

Review Completed By: Kuruvilla Oommen Council Action: Award of Contract

.

ATTACHMENTS: A. Irving FY 2010 Original Contract and COC (PDF) B. FY 2010 Laboratory and Technical Services Fees (PDF) CURRENT YEAR FINANCIAL IMPACT: 5402-3211-56401-1160 $216,000.00, 5041-4140-56401-1160 $54,000.00 $270,000.00 P0 Issued Upon New Oct. 1, 09 FY Budget Adjustment/Transfer Required: Yes\No (If yes, please explain.)

Actual:

REVISION INFORMATION:

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Prepared: 9/4/2009 01:47 PM by Debra Brooks Last Updated: 9/14/2009 12:36 PM by Debra Brooks

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2916)

WHEREAS, the City of Irving wishes to continue to contract with the Trinity River Authority of Texas for water and wastewater laboratory services; and WHEREAS, Chapter 791, Texas Government Code, authorizes local governments to contract between themselves for these services; 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 contract between the City of Irving and the Trinity River Authority of Texas whereby said Authority will provide water and wastewater laboratory services to the City for the period of October 1, 2009, through September 30, 2010, at a cost not expected to exceed $270,000.00, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this expenditure shall be charged to Account No. 5402-3211-56401-1160 in an amount not to exceed $216,000.00 and Account No. 5041-4140-56401-1160 in an amount not to exceed $54,000.00.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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CONTRACT FOR TECHNICAL SERVICES

CONTRACTING PARTIES The Receiving Agency: City of Irving, whose authorized address is 825 W. Irving Blvd., P.O. Box 152288, Irving, Texas 75015-2288, Attn: City Manager (or designated representative). The Performing Agency: Trinity River Authority of Texas, whose authorized address is 5300 South Collins, P. O. Box 240, Arlington, Texas 76004-0240, Attention: Danny F. Vance, General Manager (or his designated representative).

II.

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

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

2.

Industrial Sampling Services In keeping with the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform industrial sampling services within the parameters listed on the attached schedule sheet and in accordance with the Receiving Agency's Industrial Waste Ordinances and Sewer Ordinances Numbers N/A. The Performing Agency (Trinity River Authority of Texas) shall perform all sample collections, sample preservation, and maintenance of chain-of-custody records in accordance to the approved procedures set forth in Test Methods for Evaluating Solid Waste, EPA Manual SW-846, Methods for Chemical Analysis of Water and Wastes, EPA Manual EPA-600/4-79-020, and the Handbook for Sampling and Sample Preservation of Water and Wastewater, EPA Manual EPA-600/4-82-029.

Attachment: A. Irving FY 2010 Original Contract and COC (2916 : 32 AGMT TRA Lab Analysis Services)

I.

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3.

Analytical Services In keeping with the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform analytical services within the parameters listed on the attached schedule sheet. The Receiving Agency will collect samples and deliver them to the laboratory for analysis. It is understood that these samples will be properly collected and preserved in accordance with applicable sections of A Practical Guide to Water Quality Studies of Streams, Federal Water Pollution Control Administration publication and Methods for Chemical Analysis for Water and Wastes, EPA manual, as well as the latest edition of Standard Methods for the Examination of Water and Wastewater. Additionally, requirements set by the National Environmental Laboratory Accreditation Conference will be followed as mandated by the Texas Commission on Environmental Quality for state accreditation. A chain-of-custody procedure shall be maintained in the field and the laboratory in accordance with procedures to be established by the Receiving Agency. The Receiving Agency will furnish chain-of-custody. The Performing Agency (Trinity River Authority of Texas) will perform all analyses according to the approved procedures set forth in Standard Methods for the Examination of Water and Wastewater, current edition or the latest edition of Methods for Chemical Analysis of Water and Wastes, EPA manual. Additionally, requirements set by the National Environmental Laboratory Accreditation Conference will be followed as mandated by the Texas Commission on Environmental Quality for state accreditation. Samples will be analyzed by these methods on the production basis, to include appropriate analytical quality assurance procedures. Records will be kept for documentation of the Performing Agency's quality assurance program and copies will be available to the Receiving Agency upon request. Unusual interferences and problems will be reported to the Receiving Agency at its authorized address noted above. Research into specific techniques to overcome these difficulties will be undertaken when practical, and by mutual agreement. The chain-of-custody sheet submitted with each sample will designate the particular analysis or analyses to be made of each sample submitted. The laboratory will be operated in such a manner as to insure the legal sufficiency of the sample handling; analytical and reporting procedures; and to remedy effects in the procedures should such be discovered. The various laboratory personnel shall be directed upon receipt of written notice from the Receiving Agency 72 hours in advance, to appear and testify in enforcement actions. In such event, travel and per diem expenses for such employees shall be paid by the Receiving Agency. Travel and per diem for court appearances hereunder shall be based on current State laws. Receiving Agency may deliver to Performing Agency samples for analysis separate and apart from those samples collected by the Performing Agency. When the Receiving Agency delivers samples to the Performing Agency for analysis, the Receiving Agency shall indicate the nature and extent of the analyses it desires to be conducted. Performing Agency shall not be responsible for the manner of collection or chain-of-custody or sheets which are matters entirely outside Performing Agency's control. Performing Agency shall receive, log and perform such analyses of samples in accordance with that part of the chain-of-custody procedures identified as Transfer of

Attachment: A. Irving FY 2010 Original Contract and COC (2916 : 32 AGMT TRA Lab Analysis Services)

Agency to the Performing Agency's laboratory located at 6500 West Singleton Blvd., Dallas, Texas. When feasible flow or time composited sampling will be conducted. When composited sampling is not feasible, grab sampling will be appropriate.

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Custody and Shipment attached hereto.

B.

TERMINATION Either party to this Contract may terminate the Contract by giving the other party thirty (30) days notice in writing at their authorized address as noted previously. Upon delivery of such notice by either party to the other and before expiration of the thirty (30) day period, the Performing Agency will proceed promptly to cancel all existing orders, contracts, and obligations which are chargeable to this Contract. As soon as practicable after notice of termination is given, the Performing Agency will submit a voucher for work performed under this Contract through its termination. The Receiving Agency will pay the Performing Agency for the work performed less all prior payments. Copies of all completed or partially completed reports, documents, and studies prepared under this Contract will be delivered by the Performing Agency to the Receiving Agency when and if this Contract is terminated prior to the completion of the prescribed work.

C.

AMENDING THE CONTRACT The parties hereto without invalidating this Contract may alter or amend this Contract upon advance written agreement of both parties to exclude work being performed or to include additional work to be performed and to adjust the consideration to be paid hereunder by virtue of alterations or amendments.

III.

BASIS FOR CALCULATING REIMBURSABLE COSTS The financial basis for calculating reimbursable costs shall be as stated in Attachment A, said attachment A shall be revised and updated annually. A cost analysis shall be prepared each year by the Trinity River Authority of Texas and shall be approved by the Trinity River Authority of Texas Board of Directors prior to effective date of said revision. The expenditures by the Trinity River Authority of Texas of funds paid to it under this Contract shall be subject to such State or Federal audit procedures as may be required by law and by accepted practices of the State or Federal auditor, or both, if requested. The Trinity River Authority of Texas shall be responsible for maintaining books of account that clearly, accurately and currently reflect financial transactions. The financial records must include all documents supporting entries on the account records which substantiate costs. The Trinity River Authority of Texas must keep the records readily available for examination for a period of three (3) years after the close of the last expenditure. Reimbursement for the inspection, sampling, and/or analytical costs, and cost for any travel and per diem expenses shall not exceed zero dollars ($0.00) for the period of this Contract.

Attachment: A. Irving FY 2010 Original Contract and COC (2916 : 32 AGMT TRA Lab Analysis Services)

Samples analyzed to maintain the normal quality assurance program which the Performing Agency presently maintains in its laboratory will be charged to the Receiving Agency at the same rate as submitted samples.

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CONTRACT AMOUNT The total amount of this Contract shall not exceed two hundred seventy thousand dollars ($270,000.00) nor be less than fifty thousand dollars ($50,000.00), per annum, unless mutually agreed by the parties hereto. Payments made under this Agreement shall be made from currently available funds.

V.

PAYMENT FOR SERVICES The Performing Agency shall bill the Receiving Agency monthly for services performed. Charges for these services shall be based on the attached cost schedules. The Receiving Agency shall pay the monthly billings of the Performing Agency within thirty (30) days of their receipt.

VI.

TERM OF CONTRACT This Contract is to begin October 1, 2009 and shall terminate September 30, 2010, subject to Section II, paragraph B of this contract.

VII.

INTERLOCAL AGREEMENT Inasmuch as the Receiving Agency and the Performing Agency are political subdivisions of this state, and inasmuch as the testing of water and wastewater are critical to the maintenance of public health and such testing is therefore, a governmental function and service, this contract shall be deemed authorized by the Interlocal Cooperation Act, Chapter 791, Texas Government Code.

Receiving Agency:

Performing Agency:

CITY OF IRVING

TRINITY RIVER AUTHORITY OF TEXAS

BY:

BY:

TITLE:

GENERAL MANAGER

DATE:

DATE:

ATTEST: (SEAL)

ATTEST: (SEAL)

Attachment: A. Irving FY 2010 Original Contract and COC (2916 : 32 AGMT TRA Lab Analysis Services)

IV.

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CHAIN-OF-CUSTODY PROCEDURES

1.

To the maximum extent achievable, as few people as possible should handle a sample.

2.

Stream and effluent samples should be obtained using standard field sampling techniques and preservation procedures.

3.

Chain-of-Custody sheets should be attached to each sample at the time it is collected. Sample containers must be appropriate for requested testing with appropriate preservation and legibly labeled. The tag or sheet contains basically laboratory (requested parameters) information; however, certain identifying items including City, City Code, Contact Name and Phone Number, Type Sample Matrix, Material Sampled, and Method of Preservation must be completed by the field personnel collecting the sample. In completing the Chain-of-Custody tag or sheet, care should be utilized to insure that all necessary information is correctly and legibly entered onto the form. A black ballpoint with water proof ink should be used at all times.

4.

During shipment, samples should be appropriately cooled. TRA lab receiving technician will check temperature.

Transfer of Custody and Storage

1.

All samples should be handled by the minimum possible number of persons.

2.

All incoming samples shall be received by the laboratory technician or his alternate, and logged into a database. Information to be entered into the database shall include the client sample number, date received, source, time(s) sampled, date(s) sampled, and analyses requested and comments from the Chain of Custody.

3.

Promptly after logging, the custodian technician will distribute the sample to an analyst or place the sample in the secure sample vault, which will be locked at all times except when samples are removed or returned by analysts. The sample will be tracked internally in the lab.

4.

Samples shall be kept in the sample storage security area at all times when not actually being used by analysts, such as during overnight absences. The technician shall ensure that heat-sensitive samples, or other sample materials having unusual physical characteristics, or requiring special handling, are properly stored and maintained.

5.

A log of sample removal and replacement will be kept in the secure sample vault and be retained as a permanent record of the laboratory.

6.

The original Chain of Custody and a Sample Evaluation/Variance record shall be sent by the laboratory to the appropriate Receiving Agency control point as part of the final data report.

Attachment: A. Irving FY 2010 Original Contract and COC (2916 : 32 AGMT TRA Lab Analysis Services)

Sample Collection and Shipment

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TECHNICAL SERVICES FEE SCHEDULE FOR LABORATORY ANALYSES, INDUSTRIAL INSPECTIONS AND INDUSTRIAL SAMPLING

FISCAL YEAR 2010 December 1, 2009 through November 30, 2010

Attachment: B. FY 2010 Laboratory and Technical Services Fees (2916 : 32 AGMT TRA Lab Analysis Services)

EXHIBIT A

NELAP CERTIFICATE T104704287-09-TX

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CHEMICAL ANALYSES

Alkalinity: Total (*) (**) Phenolphthalein Bicarbonate Carbonate

$10.75 $10.80 $14.93 $15.75

Biochemical Oxygen Demand: 5-Day (*) 5-Day Carbonaceous (*) 5-Day Filtered (Dissolved) 7-Day Extra Dilution (Each)

$26.10 $26.75 $34.30 $31.10 $ 2.50

Chlorophyll “a” Chlorophyll “a” and Pheophytin Chemical Oxygen Demand (*) Chloride (*) Conductance, Specific (*) (**)

$16.50 $21.70 $14.55 $11.00 $ 8.80

Cyanide Total (*) Amenable to Chlorination) (*) Fluoride, Total (**) Glycols Hardness (*) (**)

$37.80 $48.50 $14.95 $13.50 $15.25

Nitrogen: Ammonia (*) Ammonia by Distillation (*) Kjeldahl, Total (*) Nitrate (*) Nitrite (*) Organic

$12.35 $19.75 $22.50 $11.50 $11.50 $46.70

Oil and Grease (*)

$49.15

Organic Carbon: Dissolved Total (*) (**)

$17.25 $15.75

pH (*)

$ 9.40

Solid Samples Ammonia (***) Chemical Oxygen Demand Nitrogen, Kjeldahl, Total Phosphorus, Total (***) pH (***) Percent Solids, Total and Volatile Mercury (***) Metals Preparation

$29.00 $36.50 $27.50 $24.00 $13.00 $12.80 $51.95 $29.25

Phosphorus: Ortho (*) Total (*)

$11.50 $20.40

Solids: Total (TS) Total Dissolved (TDS) (*) Total Suspended (TSS) (*) Volatile Suspended (VSS) (*) (after TSS)

$12.80 $17.75 $17.50 $ 8.40

Sulfate (Turbidimetric) (*) Sulfide Surfactants - MBAS Turbidity (*) (**) UV254

$18.95 $16.50 $34.56 $10.00 $18.75

Mercury (*) (**)

$22.70

Metals (EPA 200.8) (*) (**) (***) Aluminum Lead Arsenic Manganese Antimony Molybdenum Barium Nickel Beryllium Selenium Boron Silver Cadmium Thallium Chromium Tin Cobalt Vanadium Copper Zinc Iron

$11.55 each

Minerals (*) Calcium Magnesium Potassium (***) Silica Sodium

$11.55 each

Attachment: B. FY 2010 Laboratory and Technical Services Fees (2916 : 32 AGMT TRA Lab Analysis Services)

Liquid Samples

       NELAC Accreditation        *Non‐Potable Water      **Drinking Water  *** Solids  Packet Pg. 177

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MICROBIOLOGICAL ANALYSES___ Other:

Total Coliform (MMO/MUG) (**) Heterotrophic Plate Count Coliform, Total (Membrane Filter)

$ 13.75 $ 15.75 $ 14.17

Coliform, Fecal (Membrane Filter) (*) Coliform, Fecal (MPN) (***) Coliform, Total (MPN–Q Tray) E. Coli (MPN–Q Tray) (*) Streptococcus, Fecal (Membrane Filter) (*) Heterotrophic Plate Count Microscopic General Examination

$ 15.26 $ 43.50 $ 16.25 $ 16.25 $ 15.65 $ 15.75 $ 19.80

TRACE ORGANIC (GC-GC/MS) ANALYSES Pesticides/PCB EPA 624 (*) 14 Day (preserved) 3 Day (unpreserved) BTEX (only) Trip Blanks EPA 625(*) Total Semi-Volatiles

$340.00

EPA 525 Atrazine

$118.00

BY QUOTE

Extraction/Preparation Liquids Solids

$125.00 $250.00 $105.00 $ 55.00

EPA 608 (*) Full List Chlorinated Pesticides (only) PCB (only)

________

Chromium Hexavalent Oil and Grease (solids) Organophosphate Pesticide Phenols TCLP Metals TCLP Organic Compounds Total Petroleum Hydrocarbons (solids and liquids) TOXICITY TESTING Chronic, C. dubia (3 Brood) (*) Chronic, P. promelas (Fathead Minnow – 7 Day) (*) 24 hr. Acute C. dubia (*) 24 hr. Acute P. promelas (Fathead Minnow) (*) 48 hr. Acute C. dubia 48 hr. Acute P. promelas (Fathead Minnow)

$700.00 $700.00 $225.00 $225.00 $400.00 $400.00

$100.00 $120.00

$ 88.80 $ 81.45 $ 95.00

EPA 8141 Diazinon

$ 88.80

EPA 8082 Polychlorinated Biphenyls (PCB)

$ 95.00

Attachment: B. FY 2010 Laboratory and Technical Services Fees (2916 : 32 AGMT TRA Lab Analysis Services)

Drinking Water:

       NELAC Accreditation        *Non‐Potable Water      **Drinking Water  *** Solids  Packet Pg. 178

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INDUSTRIAL PRETREATMENT SERVICES

Composite Sample Additional Composite Sample Grab Sample Additional Grab Sample Field pH Field Measurement Field Surveillance Event pH or DO only Sampling Event Cost for a Failed Sample Industry Split Sample Boat Fee

~Grab Sampling ~Delivery to TRA Laboratory ~Field Testing Available ~Sample Preservation ~Proper Chain of Custody

$ 100.00 $ 35.00 $ 50.00 $ 10.00 $ 5.50 $ 10.00 $ 240.00 $ 50.00 $ 50.00 $ 25.00 $ 40.00

On-Site On site unpermitted Permit Preparation (New) Permit Renewal

$ 105.00 $ 90.00 $ 150.00 $ 95.00

~Installation of Automatic Composite Samplers ~Verification of Application Data ~Consultation with Industries on Industrial Pretreatment ~Chemical Inventory Review ~Industry Split Sampling

Attachment: B. FY 2010 Laboratory and Technical Services Fees (2916 : 32 AGMT TRA Lab Analysis Services)

INSPECTION

SAMPLING

       NELAC Accreditation        *Non‐Potable Water      **Drinking Water  *** Solids  Packet Pg. 179

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GENERAL SERVICE INFORMATION

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

FOR MORE INFORMATION, CONTACT: METRO: (972) 263-2251 FAX: (972) 331-4414 WILLIAM B. CYRUS Manager Technical Services CRAIG HARVEY Laboratory Division Chief

JENNIFER MOORE Pretreatment Coordinator

JOHN HERNDON Environmental Service Coordinator

MARK ORBECK Technical Services Engineer

CATHY HENDERSON Quality Assurance Coordinator

Attachment: B. FY 2010 Laboratory and Technical Services Fees (2916 : 32 AGMT TRA Lab Analysis Services)

1. Effective Date: December 1, 2009. All prices listed are per sample and subject to review.

       NELAC Accreditation        *Non‐Potable Water      **Drinking Water  *** Solids  Packet Pg. 180

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Intergovernmental Services

DOC ID: 2918 LSR No:

Resolution -- Authorizing the Mayor to Accept American Recovery and Reinvestment Act Funding in the Amount of $937,605 from the U.S. Environmental Protection Agency Administrative Comments 1. This item supports Strategic Goal No. 10: Environmentally Sustainability Community 2. Impact: This funding, offered through the U.S. Environmental Protection Agency’s (EPA) National Clean Diesel Emerging Technologies Program, allows the City of Irving to implement a diesel emissions reduction project that addresses regional air quality improvement. 3. The Clean Diesel Emerging Technologies Program is an opportunity to advance new, cutting edge technologies that reduce diesel emissions while creating an opportunity for a real world demonstration of the technology. The selected technology to be utilized in this project is the Johnson Matthey Selective Catalytic Reduction. 4. Twenty-five fleet vehicles from Sanitation, Fire, and Public Works will participate in this project. 5. The funding period for this grant is from September 1, 2009, to October 31, 2010. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: None

Review Completed By: C.Morris Council Action:

. ATTACHMENTS: US EPA - Notice of Award 8.31.2009

(PDF)

CURRENT YEAR FINANCIAL IMPACT: None. REVISION INFORMATION: Prepared: 9/8/2009 12:38 PM by Kathryn Guerra Last Updated: 9/18/2009 11:38 AM by Jennifer Dwyer

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2918)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Cooperative Agreement between the City of Irving and the U.S. Environmental Protection Agency (EPA) for funding through the EPA’s National Clean Diesel Funding Assistance Program to implement the retrofit of approximately 25 on-road diesel units belonging to the City of Irving for the purpose of emissions reductions at a project cost of $937,605.00 for the period of August 1, 2009, to October 31, 2010, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: City Attorney’s Office

DOC ID: 2936 LSR No: N/A

Resolution -- Approving Amendment of the Irving Housing Finance Corporation Bylaws to Allow Purchase of Non-Foreclosure Property Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. Impact: This resolution will allow the Irving Housing Finance Corporation to more fully respond to and prevent foreclosures and to utilize Neighborhood Stabilization Program grant money. 3. The current bylaws of the Irving Housing Finance Corporation allow for a number of initiatives in regard to housing within the City including the acquisition, repair, remodeling, and resale of homes acquired from HUD or from foreclosures. 4. The proposed approval would allow the IHFC to amend their bylaws to additionally engage in foreclosure prevention efforts in order to keep people in their homes. 5. Neighborhood Stabilization Program grant money is being sought in order to fund foreclosure prevention efforts. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: N/A Council Action: N/A

ATTACHMENTS: RES IHFC Resolution

(PDF)

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/15/2009 05:10 PM by Charles Anderson Last Updated: 9/18/2009 09:02 AM by Belinda Rowlett

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2936)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached resolution of the Irving Housing Finance Corporation Board of Directors amending the bylaws by allowing the Corporation to engage in foreclosure prevention efforts.

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 September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

Packet Pg. 184

Attachment: RES IHFC Resolution (2936 : 16 Bylaw Revision for IHFC)

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Packet Pg. 185

Attachment: RES IHFC Resolution (2936 : 16 Bylaw Revision for IHFC)

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Housing and Human Services

DOC ID: 2921 LSR No:

Resolution -- Approving a Service Agreement Extension Between the City of Irving and the Irving Housing Finance Corporation Until September 30, 2010 Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. The City Council approved the IHFC Service Agreement on March 8, 2007, for the provision of housing services. 3. This resolution extends the Service Agreement to September 30, 2010. 4. The Service Agreement extension was approved and recommended that the City Council approve by the Housing & Human Services Board on August 12, 2009.

Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required:

Review Completed By:

Previous Action:

Council Action:

. The comments for internal staff need to go here. This field will not be posted on the long agenda. Please use Arial Font 12. If no comments are typed in, please leave this row blank. CURRENT YEAR FINANCIAL IMPACT: XXXX-XXXX-XXXX-XXXX, XXXX-XXXX-XXXX-XXXX Budget: $0.00 P0__________, P0___________ Budget Adjustment/Transfer Required: Yes\No (If yes, please explain.)

Actual: $0.00

REVISION INFORMATION: Prepared: 9/9/2009 08:27 AM by Jennifer Dwyer Last Updated: 9/16/2009 02:26 PM by Galen Price

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2921)

WHEREAS, on March 8, 2007, the City Council approved a Service Agreement between the City of Irving and the Irving Housing Finance Corporation for the provision of housing services in an amount not to exceed $3,000,000; and WHEREAS, additional funds were allocated to the Irving Housing Finance Corporation in the Fiscal Year 2009-10 Housing and Human Services Annual Action Plan, approved by the City Council on July 23, 2009; and WHEREAS, on August 12, 2009, the Housing and Human Services Board approved and recommended that the City Council approve a request from the Housing and Human Services Department to extend the term of the agreement through September 30, 2010; 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 Amendment No. 1 to the Service Agreement between the City of Irving and the Irving Housing Finance Corporation, which extends the term of the agreement through September 30, 2010.

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 September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Irving Arts Center

DOC ID: 2909 LSR No: 10011

Resolution -- Approving the City Arts Services Program as the Third Part of the Irving Arts Board’s New Financial Assistance Program Administrative Comments 1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational Environment. 2. Impact: This resolution is part of the new Financial Assistance Program, which will improve and expedite the process of distributing grants funds. 3. This third and final segment, the City Arts Services Program, was designed to allow Irving residents greater input into the artistic experiences available at the Irving Arts Center by forming a Citizens’ Committee, which will be jointly appointed by the City Council and Arts Board, whose purpose is to examine the arts services being offered and determine what needs are not being met. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: Res 2-22-07-273

Review Completed By: Jennifer Richie Council Action: Approved

. Resolution 2-22-07-273 approved the current grants process. In an effort to improve and refine the process, the Arts Board has engaged in an extensive evaluation of its current financial assistance program and has redesigned this program to more effectively serve the residents of Irving. The redesigned program consists of three segments. The first segment is the Founders’ Fund, which was approved by City Council on January 22, 2009. The second segment is the Community Activities Fund, approved by City Council on March 5, 2009. The City Arts Services Program was reviewed and approved by the Irving Arts Board on August 17, 2009, to be forwarded to City Council for approval. ATTACHMENTS: 49 City Arts Services 09.09

(PDF)

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/2/2009 09:42 AM by Mary Carrol Last Updated: 9/4/2009 04:58 PM by Mary Carrol

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2909)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Irving Arts Center Guidelines for the City Arts Services Program of the City of Irving Arts Board Financial Assistance Program.

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 September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

Packet Pg. 190

Attachment: 49 City Arts Services 09.09 (2909 : 49 Appr City Arts Svcs)

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Attachment: 49 City Arts Services 09.09 (2909 : 49 Appr City Arts Svcs)

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Attachment: 49 City Arts Services 09.09 (2909 : 49 Appr City Arts Svcs)

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Police

DOC ID: 2910 LSR No: N/A

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 Administrative Comments 1. This item supports Strategic Goals No. 4: Safe and Secure City and No 8: Sound Governance. 2. This item has been recommended by Police. 3. Impact: The new contract will produce higher revenue for the City, based on the same number of impounded vehicles and auction sales as the previous contract, while keeping wrecked and abandoned vehicles off City streets. 4. This award establishes an annual contract for the continuation of providing wrecker service and auto pound operation for wrecked, disabled, abandoned, confiscated, or other impounded vehicles so designated for storage by Police. 5. Funding in the net estimated amount of $75,000.00 for the period of October 1, 2009, through September 30, 2010, and in the net estimated amount of $75,000.00 for the period of October 1, 2010, through September 30, 2011, is available in the General Fund, subject to funds being appropriated in Fiscal Years 2009-10 and 2010-11. 6. Estimated revenue in the amount of $320,000.00 for the period of October 1, 2009, through September 30, 2010, and estimated revenue in the amount of $320,000.00 for the period of October 1, 2010, through September 30, 2011, will be deposited in the General Fund. 7. When coupled with the auctioneer contract, the City will gain an estimated $200,000.00 additional annual revenue. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Review Completed By: N/A Previous Action: N/A Council Action: N/A Comments: Purchasing sent solicitation notices to ten vendors and received three responses. This award is based on a published, best-value criteria. The vendor receiving the highest points, based on the criteria established in the ITB, is recommended for award. This contract simplifies the distribution of fees and revenue collected. The wrecker service will receive towing fee and impounded fee for all vehicles impounded. The City will pay these fees to the wrecker service if the vehicles are not claimed by the owners and are sold at auction. The wrecker service will also receive all fees for private tows initiated by Police. Packet Pg. 194

24

The City will receive total revenue from all notification fees, storage fees, and sales of impounded vehicles. The City will pay the full amount of the auctioneer’s commission. The award for #177E-09F is in the total estimated revenue amount of $640,000.00 for two years and a total net estimated expenditure of $150,000.00 for two years with two renewal options. ATTACHMENTS: A. Evaluation Summary (PDF) B. Response Pricing Summary (PDF) CURRENT YEAR FINANCIAL IMPACT: 1001-1001-567102-100 Budget: $0.00 1001-10001-4804-4008 Revenue Budget: $0.00 Revenue will be deposited monthly. Budget Adjustment/Transfer Required: No

Est. Award: $0.00 Est. Revenue: $0.00

REVISION INFORMATION: Prepared: 9/2/2009 10:20 AM by Darlene Rush Last Updated: 9/15/2009 09:23 AM by Darlene Rush

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2910)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves and accepts the bid of Mart-Caudle Corp dba Walnut Hill Wrecker in the net estimated amount of $75,000.00 for the period of October 1, 2009, through September 30, 2010, and in the net estimated amount of $75,000.00 for the period of October 1, 2010, through September 30, 2011, subject to funds being appropriated in Fiscal Year 2010-11, for Wrecker Service and Auto Pound Operation, and awards the contract to said company in said amount, and authorizes the Mayor to execute any necessary contract.

SECTION II.

THAT this expenditure shall be charged to Account No. 1001-1001-567102-100.

SECTION III.

THAT the City Council further approves and accepts the bid of Mart-Caudle Corp dba Walnut Hill Wrecker in the net estimated revenue amount of $320,000.00 for the period of October 1, 2009, through September 30, 2010, and in the net estimated revenue amount of $320,000.00 for the period of October 1, 2010, through September 30, 2011, for Wrecker Service and Auto Pound Operation, and awards the contract to said company in said amount, and authorizes the Mayor to execute any necessary contract.

SECTION IV.

THAT this revenue shall be deposited into Account No. 1001-10001-4804-4008.

SECTION V.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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177E-09F Evaluation Summary for Wrecker Service & Auto Pound Operation

*Mart-Caudle Corp dba Walnut Hill Wrecker

Recovery System Inc., dba Pro-Tow Wrecker

Hollywood Transportation Inc. dba Hollywood Towing

1) Cost of Basic Tow (50 points)

50

8

3

2) Cost of Other Services Listed on the Bid Pricing Page (25 points)

18

25

21

3) References (20 points)

17

15

18

4) Corporate Citizenship (5 points)

3

3

3

88

51

45

Selection Criteria and Evaluation Guidelines

Attachment: A. Evaluation Summary (2910 : 8P04 AWD ANN Wrecker Svc-Auto Pound Operations)

*Recommended for Award.

Page 1 of 1 Packet Pg. 198

City of Irving, Texas Response Summary ITB Name: Wrecker Service & Auto Pound Operations (Best Value) ITB Number: 177E-09F ITB Closing Date: August 26, 2009 Purchasing Manager: Ed Matthews, (972)-721-3757 *Recommended for Award. *Mart-Caudle Corp dba Recovery Systems Inc., dba Pro Tow Wrecker Walnut Hill Wrecker

Estimate d Quantity 2 years

Unit Price

Hollywood Transportation Inc., dba Hollywood Towing

Total Price

Unit Price

Total Price

Unit Price

Total Price

$ 385,000.00

$ 60.00

$ 660,000.00

$ 75.00

$ 825,000.00

$ 35.00

$ 12,250.00 $ 397,250.00

$ 70.00

$ 24,500.00 $ 684,500.00

$ 85.00

$ 29,750.00 $ 854,750.00

$ 85.00

$

85,000.00

$ 70.00

$

70,000.00

$ 75.00

$ 75,000.00

$ 65.00

$

6,500.00

$ 70.00

$

7,000.00

$ 70.00

$

125 Hourly rate for heavey-duty wreckers per hour 40 Flate rate to disconnect and reconnect drive shaft

$ 150.00

$

18,750.00

$125.00

$

15,625.00

$ 145.00

$ 18,125.00

n/c

$

n/c

$

$ 20.00

$

800.00

$ 45.00

$

$ 40.00

$

$ 35.00

$

6,300.00

8

180 Flat rate or hourly fee to upright vehicles 320 Passenger 1/2 ton and 3/4 ton

n/c

$

-

n/c

$

-

$

-

$

-

9 10

50 1 - 2 ton 160 2 1/2 ton & over

n/c n/c

$ $

-

n/c n/c

$ $

-

$ $

-

$ $

-

Item

1

Flate Rate Charge for towing passenger vehilces up 11,000 to and including 25' in length to city pound. $ 35.00

2 Subtotal 1-2 3 4 5 6 7

Sub-total Lines 3-10 Grand Total

Decription

350 Flat reat efor towing vheicles 25' in length or more. 1,000 Hourly rate for tilt bed 100 Hourly rate for off road recovery

$

8,100.00

118,350.00 $ 515,600.00

$

7,200.00

99,825.00 $ 784,325.00

$

7,000.00

107,225.00 $961,975.00

24.b

Packet Pg. 199

Attachment: B. Response Pricing Summary (2910 : 8P04 AWD ANN Wrecker Svc-Auto Pound Operations)

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Police

DOC ID: 2908 LSR No: N/A

Resolution -- Approving Purchase from Computer Tech for the Equallogic SAN Video Storage System through the State of Texas Department of Information Resources (DIR) Program Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Police – Emergency Management and Information Technology, and is a Strategic Project/Task approved by the Technology Review Committee. 3. Impact: This equipment will significantly enhance the video quality and expand the City’s video surveillance storage capacity. 4. The City received a 2007 Buffer Zone Protection Program grant for critical infrastructure protection to enhance security in the Civic Center complex. This system will provide increased video storage capacity, will improve quality, and will provide the ability to add additional surveillance cameras. 5. Funding in the net amount of $107,764.00 is available in the Emergency Management Grant Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Review Completed By: N/A Previous Action: N/A Council Action: N/A Comments: Vendor is the lowest responder and has a contract for this item with the Department of Information Resources, which qualifies for this award through the RFO process conducted by the Information Technology Department for #182D-09F. This purchase meets competitive bid requirements with the State of Texas statutes, rules, policies, and procedures.

ATTACHMENTS: Vendor Pricing Summary (PDF) CURRENT YEAR FINANCIAL IMPACT: 2076-0491-752010-9184 Budget: $107,764.00 P0182977 Budget Adjustment/Transfer Required: No

Actual: $107,764.00

REVISION INFORMATION: Prepared: 9/2/2009 08:33 AM by Darlene Rush Last Updated: 9/4/2009 04:44 PM by Darlene Rush Packet Pg. 200

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2908)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the award to Computer Tech in the net amount of $107,764.00 for the Equallogic SAN Video Storage System, through the State of Texas Department of Information Resources (DIR) Program, and awards the contract to said company in said amount, and authorizes the Mayor to execute any necessary contract.

SECTION II.

THAT this expenditure shall be charged to Account No. 2076-0491-752010-9184.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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25.a RFO 2008-2009 - 11845 - Equallogic SAN - Computer Tech: 7/2/2009

City of Irving Information Technology Department 825 West Irving Boulevard. Irving, Texas 75060 Telephone: 972.721.3633 Fax: 972.721.2560

The City of Irving Information Technology Department is soliciting written quotes for the purchase of IT-related hardware, software, and/or professional services. Written quotes (Mail, Fax, E-mail with Signatures) will be accepted until 12:00:00PM, 12 June 2009.

Instructions 1. 2. 3. 4. 5.

Please indicate all requested items that your company is capable of providing on this form. Please attach detailed item information such as items specifications, items features, and required contracts. Please document on this form any modifications, substitutions, or differences to the request items that you are quoting. Specific attention should be given to documenting different manufacturer and/or different models. Please provide all information requested and identify any items that are not applicable (i.e. leave no fields unpopulated). Please direct questions and comments to the identified Information Technology Department contact.

The City of Irving / Information Technology Department is requesting pricing that meets or exceeds discounts provide through the following government pricing programs: U.S. Communities Contract, State of Texas, Texas Department of Information Resources, TXMAS, WSCA, or Local / State / Federal GSA Government Pricing. Please complete all appropriate purchasing forms: Insurance, Conflict of Interest, MWBE and other purchasing program forms, which are located on the City of Irving website. http://www.cityofirving.org/information-technology/rfqrfp.html

Information Technology Department Contact Contact Name: Chad Powell

Title: Network Security Specialist

Email: [email protected]

Phone: 972-721-2351

Request Overview

Attachment: Vendor Pricing Summary (2908 : 30P04 AWD for Civic Center Video Expansion/SAN)

Equallogic SAN Request for Offer FY2008-2009-11845

The City of Irving is soliciting requests for offer (RFO) for Equallogic SAN members for the Video Security System. Offers should contain the items listed in the specifications section of this document.

Specifications Item

Description

Factory P/N

Qty

Unit S/H Extended Price Price Price

Modification / Comments

A.

Dell Equallogic iSCSI SAN Array containing Sixteen (16) 15,000 RPM 300GB SAS hard disk drives which includes onsite Installation and configuration of the two SAN members

PS6000X V

2

5388 2

To be configured as one logical SAN

0

107764

B.

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25.a RFO 2008-2009 - 11845 - Equallogic SAN - Computer Tech: 7/2/2009 Vendor has attached detailed system specifications, features, and contracts (Yes / No) ____________________________

Sub-Total Cost for Shipping and Handling: Sub-Total Cost for Hardware: Sub-Total Cost for Software: Sub-Total Cost for Professional Services: Total Cost:

$0 $107764 $0 $0 $107764

Price valid through date: Sept 15, 2009 Delivery Time Frame from Date of Order: Warranty and Support Narrative: See specifications for warranty information Description: Coverage Periods (24x7x365, 8-5M-F,…)

Optional Items (Hardware / Software Options and Upgrades, Optional Services, Support and Maintenance Options) Item

Description

Unit Price

S/H Price

Modification / Comments

Cooperative Purchasing Arrangement

Attachment: Vendor Pricing Summary (2908 : 30P04 AWD for Civic Center Video Expansion/SAN)

Price Summary:

Should any other governmental entity(ies) that has(have) entered into an inter-local cooperative purchasing agreement with the City of Irving decide to participate in this solicitation, would you, the vendor, agree that all terms, conditions, specifications and pricing agreed to in this solicitation would also apply to the additional participating entity(ies)? _____X___ YES ________ NO

If you, the vendor, checked “YES” above, you agree that the other governmental entities wishing to participate in this solicitation will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by a governmental entity other than the City of Irving shall be billed directly to that governmental entity and paid for by that governmental entity. The City of Irving will not be responsible for payment of another governmental entity’s invoices. Each governmental entity will order their material/services as needed. The Following Compliance Needs To Be Met Unless Otherwise Specified In The Return Of Request For Quote. Note 1: Note 2: Note 3: Note 4: Note 5: Note 6: Note 7: Note 8:

All components should be brand new equipment with manufacturer’s latest version of software, bios, package and warranty. All part number, feature code (P/N) listed should be corresponding to the manufacturer’s part number. The City of Irving is Tax-Exempt, Tax Number is 75-6000566. This is a Solicitation for Written Price Quote only. This RFO is not an Order for Purchase. The City of Irving reserves the right to purchase the above equipment in quantities less than requested or as part of a phased ordering process. Product names used in this Request are for identification purposes only, and may be trademarks of their respective companies. All systems (Servers and Workstations) need to be EPA Energy Star System Regulatory Compliance. All systems need to have 24 Hours Technical Support. (Unless otherwise stated) All systems need to have a minimum of 3 Years Warranty, Overnight Replacement of Defective Parts, Service and Support (1st year on-site), and 30 days money back guarantee. Page 2 of 3

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25.a Note 9:

RFO 2008-2009 - 11845 - Equallogic SAN - Computer Tech: 7/2/2009 All components will need to meet City’s Year 2000 Compliant Standard, which means, with respect to information technology, that the information technology accurately processes date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into and between the twentieth and twenty-first centuries, and the years 1999 and 2000, and leap year calculations, to the extent that other information technology, used in connection with the subject information technology, properly exchanges date/time data with it.

Legal Company Name: Computer Tech

Address: 1810 N Greenville Ave. Richardson TX 75081 Program ID:

Purchasing Program: Representative Name: Jason Potts

Title: Business Development Manager

Email: [email protected]

Phone: 972-888-5808

Signature: Jason Potts

Date: 6/12/09

Attachment: Vendor Pricing Summary (2908 : 30P04 AWD for Civic Center Video Expansion/SAN)

Company Information

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Solid Waste Services

DOC ID: 2907 LSR No: N/A

Resolution -- Ratifying Emergency Award to Holt Cat for the Certified Power Train Rebuild of a Compactor Administrative Comments 1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community. 2. This item has been recommended by Solid Waste Services and approved by Intergovernmental Services. 3. Impact: This rebuild is projected to extend the life of the main compactor at the landfill for an additional six to seven years. The current cost of a replacement unit is $850,000.00; thereby avoiding an estimated $620,000.00 replacement expenditure at this time. 4. This ‘certified power train rebuild plus’ engineers this compactor into a new unit with a three-year, 5,000 hour warranty. This rebuild for City Tag #06132, a 2001 Caterpillar 826G Compactor, was planned for next fiscal year; however, the engine failed this year, and staff declared an emergency to repair this unit now. This rebuild will also reduce fuel expenses and keep the landfill compliant with the City’s permit, ensuring the public health and safety of the community. 5. Funding in the net amount of $230,581.01 is available in the Equipment Replacement Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Review Completed By: N/A Previous Action: N/A Council Action: N/A Comments: Purchasing assigned #249D-09F to this item for tracking purposes. ATTACHMENTS: Vendor Pricing Summary (PDF) CURRENT YEAR FINANCIAL IMPACT: 6604-0631-75401-9100 Budget: $0.00 Actual: $230,581.01 P0183010 Budget Adjustment/Transfer Required: No, funds available with savings from previous purchases. REVISION INFORMATION: Prepared: 9/2/2009 08:00 AM by Darlene Rush Last Updated: 9/15/2009 09:01 AM by Belinda Rowlett Packet Pg. 205

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2907)

WHEREAS, the main compactor at the City's landfill had experienced unforeseen engine failure; and WHEREAS, due to this failure, the main compactor was inoperable; and WHEREAS, emergency repairs were required to make the main compactor fully functional; and WHEREAS, the emergency repairs were needed in order to keep the landfill compliant with the City's operational permit; and WHEREAS, ratifying the emergency award to Holt Cat for the certified power train rebuild of the main compactor is necessary to preserve and protect the public health and safety of Irving residents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby ratifies and approves the emergency expenditure with Holt Cat in the net amount of $230,581.01 for the certified rebuild of a compactor, and awards the contract to said company in said amount, and authorizes the Mayor to execute any necessary contract.

SECTION II.

THAT this expenditure shall be charged to Account No. 6604-0631-75401-9100.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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City of Irving:

826G Powertrain Rebuild Includes a 3 Year 5000 Hour Powertrain Warranty All major components rebuilt All electrical and Hydraulics rebuilt and The machine is painted. For $230581.01 Thank you for your business Justin Kahle Product Support Sales Rep 214-616-1944

Attachment: Vendor Pricing Summary (2907 : 30P06 Emergency Rebuild of Compactor for Landfill)

Austin • Corpus Christi • Dallas • Fort Worth • Irving • Laredo • Longview • San Antonio • Nash • Tyler • Victoria • Waco • Weslaco

Your Caterpillar dealer from the Red River to the Rio Grande Call 1-800-275-4658 for the HOLT CAT store nearest you, or visit our website WWW.HOLTCAT.COM Packet Pg. 208

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Irving Convention & Visitors Bureau

DOC ID: 2911 LSR No: 10077

Resolution -- Approving Addendum No. 1 to the Agreement with MeetingMatrix® International for Room Diagramming Software Unique to the Meeting Industry Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. This item has been recommended by Irving Convention & Visitors Bureau. 3. Impact: This agreement and addendum enhances the Irving Convention Center sales resources, which will result in generating additional visitor spending in Irving. 4. This software enables the Bureau to create customized floor plan designs for clients considering the convention center for their meetings and events. 5. This agreement to purchase the software package was awarded administratively in April 2009 for $16,805.00 and with this addendum the total award is $28,915.00. 6. Funding in the net amount of $12,110.00 is available in the ICVB Building Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Review Completed By: Karen Brophy Previous Action: N/A Council Action: N/A Comments: Original agreement was processed administratively in April, 2009, prior to the revised $50,000.00 threshold for Council action. This is a single source procurement due to its unique industry-specific software package. Purchasing assigned #251E-09F for tracking purposes.

ATTACHMENTS: A. Recap Summary (PDF) B. Original Signed Agreement (PDF) C. RES Addendum No. 1 (PDF) CURRENT YEAR FINANCIAL IMPACT: 2204-3501-76901-800 Budget: $11,267.00 2204-3501-551501-800 Budget: $ 843.00 PV015222 Budget Adjustment/Transfer Required: No

Actual: $11,267.00 Actual: $ 843.00

REVISION INFORMATION: Prepared: 9/2/2009 10:33 AM by Darlene Rush Last Updated: 9/15/2009 09:30 AM by Darlene Rush Packet Pg. 209

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2911)

WHEREAS, the room diagramming software unique to the meeting industry promotes tourism and the convention and hotel industry; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves Addendum No. 1 to the agreement with MeetingMatrix® International in the net amount of $12,110.00 for room diagramming software unique to the meeting industry, and the Mayor is authorized to execute the attached addendum.

SECTION II.

THAT this expenditure shall be charged to Account No. 2204-3501-76901-800 in the net amount of $11,267.00 and Account No. 2204-3501-551501-800 in the net amount of $843.00.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE. __________________________________ Max S. Duplant, CPA Chief Financial Officer

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: A. Recap Summary (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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Attachment: B. Original Signed Agreement (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

Irving Convention & Visitors Bureau Addendum Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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h

August 7, 2009

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Our organization is committed to providing unparalleled customer services and marketing advantages to both the public, private and event industry with a unique combination of talent and experience. MeetingMatrix® provides an inherent sensitivity to organizational service and management flexibility that sets us apart from traditional software companies. Our product line includes both client-server and web-based solutions delivered seamlessly via an array of architectures MeetingMatrix International, Inc. has offices in Portsmouth, New Hampshire, London, England, Delft, Holland and Cyprus and is currently expanding into the Latin America, Middle-East and Asia Pacific. MeetingMatrix International, Inc. is the market leader and has always set the industry standard in room diagramming solutions. We offer our clients the ability to e-mail Certified Room Diagrams®, receive lead referrals, interactive diagramming solutions, 3-Dimensional graphic capabilities, rich media services and complimentary software for your Meeting Planners. Vital Statistics: • • • • • •

Over 6,700 installations with 25,000 users Over 90 million square feet of measured and verified space Over 8,000 Meeting Planners using MeetingMatrix® on a regular basis. Installed in 97 countries worldwide 19 years in business Proven track record with extraordinary customer loyalty!

Outstanding Qualifications: • • •

A commitment to lead our industry in software development and creativity in bringing new ideas to the market Exceptional name recognition throughout the hospitality industry through Meeting Planners, Facilities and Corporate Hotel Management Companies Highly trained staff members who specialize in customer care, development, sales, installation, and support of room diagramming solutions. MeetingMatrix® has built a network of partners in all areas of the world, who readily support MeetingMatrix® as the Industry Standard

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Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

MeetingMatrix International, Inc. understands that the success of any project requires dedicated customer service and support. A thorough understanding of our customer’s objectives and their business challenges is vital. MeetingMatrix International ensures that we have the appropriate level of resources and expertise available to each of our customers. We are confident that we have the talent, experience, and dedication to enable the Irving Convention & Visitors Bureau to meet and exceed its event execution and service objectives, and that we will prove to be a valuable resource.

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The Industry Standard . . . Not having accurately measured room diagrams creates lost revenue and costly errors, which add up to unhappy customers. MeetingMatrix Certified Room Diagrams® are the proven industry standard, giving everyone in the MeetingMatrix® network the ability to create accurate and useful setup diagrams every time, ensuring better communications and ultimately, satisfied customers. As a facility with MeetingMatrix Certified Room Diagrams® you may assure your meeting planners that your room diagrams are measured to ¼ inch and truly represent your meeting space. Event Planners can download MeetingMatrix Certified Room Diagrams® directly into their MeetingMatrix®: 2007 Silver Edition, at no cost, from www.MeetingMatrix.com, and from many other web portals that are part of the MeetingMatrix® network. Certified Room Diagrams® are available for download, as long as, your annual MeetingMatrix LIVE!™ fee is current. • • • • •

Measured to within ¼ inch, accuracy Diagram unique spaces such as pools, terraces and outdoor areas Utilizing Strata™, display electrical, network and telephone outlets Preferred by Meeting Planners who trust the MeetingMatrix® standard Integration with MeetingMatrix®: 2007 Silver Edition at no charge

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Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

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MeetingMatrix Certified Room Diagrams® refers only to the space(s) below. It is the sole responsibility of Irving Convention & Visitors Bureau to insure that the following list accurately reflects the spaces to be measured.

Boardroom Meeting Room 1 Meeting Room 2 Junior Ballroom ( Meeting Room 3-10 ) Meeting Room 11 Meeting Room 12 Meeting Room 13 Meeting Room 14 Meeting Room 15 Meeting Room 16 Meeting Room 17 Meeting Room 18 Meeting Room 19 Prefunction on meeting level Covered Outdoor Terrace Café

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Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

Room Name

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This Proposal expires on: January 21, 2010 Unit User

Software MeetingMatrix 2007: Platinum+ Edition - Network License(s)

Rate $1,495.00

Software Total

1

1

Property

Property

Room Diagrams Certified Room Diagrams initially drawn from CAD Rooms Included in Quote are Junior Ballroom ( 3-10 ),Café Prefunction Area, Covered Outdoor Terrace, Boardroom, Meeting Rooms 1-2 & 11-19 *Price Includes Certification for Rooms listed above Total Room Diagrams Annual Subscriptions Pro-Rated Platinum+ Network Annual Maintenance

Price $2,990.00

$2,990.00

$2,346.00

$2,346.00

$2,346.00

$843.00

$843.00

Total Annual Subscriptions

$843.00

TOTAL PRODUCTS AND SERVICES PURCHASE ORDER

$6,179.00

INTITAL HERE

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Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

Qty 2

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1

Property

Room Diagrams Hourly rate of $75.00 for any CAD Diagram changes

$75.00

Estimated Travel for Certification and Training 

$5,181.00

Hotel, Meals, Airfare, Rental Car, Shipping

INTITAL HERE

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Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

This Proposal expires on: January 21, 2010

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1)

Certain paragraphs in the following Terms and Conditions may not apply if the applicable product or service is not a) listed on the MeetingMatrix® Products and Services Summary page in this proposal; or b) previously purchased by Irving Convention & Visitors Bureau; c) purchased during the installation of the aforementioned products or services or d) purchased at some later date after the installation.

2)

This MeetingMatrix® proposal is valid for a period of (6) six months from the date of issue.

3)

All prices are quoted in United States Dollars at the time of payment.

4)

The pricing information of this proposal is confidential and proprietary to MeetingMatrix International, Inc. All prices are subject to change. This information contained in this Proposal constitutes a trade secret and unpublished copyrighted material of MeetingMatrix International, Inc. Irving Convention & Visitors Bureau agrees to maintain the confidentiality of this information and to only use it in its evaluation of whether to purchase the MeetingMatrix® products and services listed in this proposal.

5)

All Federal, State and Local Sales and Use Taxes related to this sale are the responsibility of Irving Convention & Visitors Bureau. Should any governmental jurisdiction in which Irving Convention & Visitors Bureau is located, elect to subsequently impose any of the aforementioned taxes on this sale they will be the sole responsibility of Irving Convention & Visitors Bureau.

6)

This proposal includes estimated travel costs for any MeetingMatrix® Implementation Manager(s) which will be billed directly to Irving Convention & Visitors Bureau, for each trip scheduled, on a separate invoice with receipts after the installation within 7 days. Travel Expenses including Guest Room Accommodations, Meals, Shipping, Air and Ground Transportation including Parking, Tolls, Taxi and Mileage. A typical MeetingMatrix® Installation requires at least (2) two MeetingMatrix® Implementation Managers to be onsite.

7)

Airfare is quoted at a two week advance purchase price. If your signed Confirmation Letter and Deposit are received less than two (2) weeks prior to your scheduled installation start date, you will be invoiced the incremental difference in airfare due to the late booking.

8)

Irving Convention & Visitors Bureau agrees to abide by all MeetingMatrix International, Inc. License Agreements applicable to its software.

Payment Terms: 9)

Upon execution of this proposal, $6179.00 is due and payable in full upon receipt of the invoice. Invoices for hourly charged rate for changes to CAD diagrams will be billed on a separate invoice and are due prior to delivery of said diagrams. The remaining balance from the previously executed contract in the amount of $6246.00 will be payable in full prior to the departure of the Implementation Managers during the certification and training. Estimated travel will be finalized with receipts and billed on a separate invoice within 7 Days post install, and is due in full within 14 days of receipt of invoice.

10) Once you have selected Installation Dates and we can determine the flight costs, we will invoice you for the Travel Expenses associated with your Installation with receipts after the installation.

Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

General Terms and Conditions:

11) All invoices are due and payable according to their stated due dates. After a 15 day grace period, all outstanding unpaid invoices will incur a (1.5%) finance charge per month. Installations with unpaid invoices will only be activated on a temporary basis. 12) Should you find it necessary to postpone or cancel the MeetingMatrix® installation for any reason after this proposal is signed, you will be invoiced Twenty Five Percent (25%) of the Total Products and Services plus any Travel Expenses that have been incurred to date, as a cancellation fee.

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Certified Room Diagrams®: 13) If you purchased Certified Room Diagrams®; we will measure your meeting rooms and create the Certified Room Diagrams® listed in this proposal for your facility. A MeetingMatrix® Implementation Manager will measure and draw all of your contracted meeting space. Any rooms with combinations will be produced at our corporate office and you will receive them along with your completed MeetingMatrix Certified Room Diagrams® within (4) four weeks after your scheduled installation.

15) We will need access to all the contracted meeting space with airwalls completely opened. Should any of the contracted meeting space listed in this proposal not be available during your installation, we will need to schedule a follow-up install. We will make every effort to complete your Certified Room Diagrams® during the time allotted. We are accustomed to working around regularly scheduled functions and can work during off-hours in order to complete our measurements, but we must have access to all space at some point during the installation. Space that is under construction, blocked as a 24 hour hold with no access or areas that have been temporarily used as storage, prohibit us from taking the necessary measurements to complete your diagrams. Should we need to schedule a follow-up installation in order to complete space that was not available, Irving Convention & Visitors Bureau will incur a charge of $750.00 per day per Implementation Manager plus Travel Expenses. 16) Your facility’s MeetingMatrix Certified Room Diagrams® will be included and available for download to your meeting planners from www.MeetingMatrix.com, as long as, your MeetingMatrix LIVE!™ subscription is current. 17) Irving Convention & Visitors Bureau agrees to abide by all MeetingMatrix International, Inc. License Agreements applicable to its Certified Room Diagrams®. 18) This quote does not include the cost of adding Phone Jacks, Electrical Outlets or Microphone Jacks to your Certified Room Diagrams®. These items can be added to your MeetingMatrix Certified Room Diagrams® at a cost of $2.50 each jack/outlet. Floor Boxes can be added to MeetingMatrix Certified Room Diagrams® at a cost of $15.00 each. Although we may provide an estimate of the number of outlets in your Meeting Space, you will be invoiced based on the actual number of outlets that we have added to your Certified Room Diagrams®. 19) In the event your meeting space is being drawn as a pre-opening site, we will require that you send us Electronic CADS in *.dxf, *.dwf or *.dwg file formats and a 50% deposit before we can begin work on your event space. Once we have completed the work, the balance of your invoice is due before delivery can be made. Once Irving Convention Center is open, we will schedule a MeetingMatrix® Implementation Manager to arrive on-site to measure and secure the accuracy of event space drawn from CAD. Should you not be able to provide the necessary Electronic CAD files to create your Room Diagrams you will be invoiced One Hundred and Fifty ($150) per page to convert your paper Blueprints to electronic format. 20) The complimentary MeetingMatrix®: 2007 Silver Edition is for the exclusive use of Meeting Planners. Direct use of the MeetingMatrix®: 2007 Silver Edition by any employee of Irving Convention & Visitors Bureau is a violation of the MeetingMatrix® License Agreement and will result in the loss of your facilities status as a MeetingMatrix® certified facility. 21) If you purchased Certified Room Diagrams®; MeetingMatrix International, Inc. will provide MeetingMessenger Alerts™ when any Meeting Planners that download and install your MeetingMatrix Certified Room Diagrams®. You must have a current MeetingMatrix LIVE!™ subscription in place in order to receive MeetingMessenger Alerts™. We will provide your designee of choice with full contact information for any Meeting Planner that downloads and installs your Certified Room Diagrams®. It is the responsibility of Irving Convention & Visitors Bureau to provide MeetingMatrix® with, and keep current, the e-mail address that you would like to receive MeetingMessenger Alerts™ at.

Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

14) Certified Room Diagrams® refer only to the space(s) listed in this proposal. Additional space(s), including Foyers, Pre-Function Areas, Pool Areas, Terraces, Restaurants, Atriums, Outdoor Space or any other space not specifically listed will be quoted on site, at the time of installation. Additional rooms requested on site will be billed on a separate invoice. If you would like additional spaces quoted prior to installation, that do not appear on this proposal, please send us detailed information regarding these spaces including photos if available.

22) If you purchased Enhanced Certified Room Diagrams®; the diagram enhancement process involves identifying the specific setup requirements for each seating style in every meeting space at Irving Convention Center. Irving Convention Center will need to designate an individual on-site who will work with the MeetingMatrix® Implementation Manager to determine how each meeting room is commonly setup for each seating style. This person is typically a banquet or convention floor manager who knows how every meeting room is set. Factors that are taken into account

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in an Enhanced Certified Room Diagram® are; the sizes of tables, the typical chair, the width of front, rear and side aisles, the width and number of center aisles and the direction of the seating. It is critical that Irving Convention & Visitors Bureau effectively communicates with the MeetingMatrix® Implementation Manager how all of the meeting rooms are typically set.

23) The initial Annual Maintenance Term is for a period of Three (3) Three Years which commences on the date that your MeetingMatrix® software is installed. During the initial Annual Maintenance Term Irving Convention & Visitors Bureau will not be subject to any annual increases in the cost of Annual Maintenance. After the initial Annual Maintenance Term, MeetingMatrix may find it necessary to increase the Annual Maintenance fee from year to year. Any increase will be reflected in the invoice prior to the commencement of the year to which the increase is applicable. Any such increase shall not exceed Five Percent (5%) annually. 24) If you have upgraded your edition of MeetingMatrix® as a result of this installation the amount quoted reflects the Annual Maintenance fee for your current edition. 25) Sixty (60) days before the annual expiration date of your Annual Maintenance, a renewal invoice for the current amount will automatically be sent to Irving Convention & Visitors Bureau, covering another year. MeetingMatrix® Technical Support, Product Releases with New Features, Improvements and Bug Fixes are not available without a current Annual Maintenance. Customers with an account balance due over Thirty (30) days will not be given access to Technical Support. Should Irving Convention & Visitors Bureau allow its Annual Maintenance to lapse, a reinstatement fee in the amount of Fifty Percent (50%) will be added to the then current Annual Maintenance fee, which must be paid prior to receiving any Technical Support. Installation Information: 26) Two weeks prior to your scheduled installation, our Customer Service Team will contact you in order to set up the pre-installation of your MeetingMatrix® software which will occur prior to the arrival of our Implementation Manager. In addition, we will need an IT contact available during your scheduled installation to resolve any issues and answer any questions that we might have about your unique network configuration. 27) It has been estimated that the installation of the MeetingMatrix® software onto your computer(s) will not exceed one hour for each license purchased. However in rare circumstances we encounter problems with the computer and/or the Windows operating system that must be corrected in order for MeetingMatrix® to function correctly. Should the installation require time in addition to the allotted hours, you will be billed at Sixty Five Dollars ($65.00) per hour. 28) Sometimes hotels find it necessary to “walk” our Implementation Manager due to an overbooked situation. This can be a problem for both the hotel and MeetingMatrix International. We secure our equipment in the sleeping room. “Walking” creates a security issue, as well as, a loss of valuable time when we are faced with traveling from one hotel to another. Your hotel would incur the costs of the additional sleeping room, meals, and transportation as well. MeetingMatrix LIVE!™: 29) If you purchased MeetingMatrix LIVE!™; with the assistance of your webmaster, every effort will be made by MeetingMatrix International to assist in placing SpaceLinks.NET™ on your website. As soon as the link is active, you will automatically receive a $500 Rebate Check from MeetingMatrix. 30) The initial MeetingMatrix LIVE!™ Term is for a period of Three (3) Three Years which commences on the date that your MeetingMatrix® software is installed. During the initial MeetingMatrix LIVE!™ Term Irving Convention & Visitors Bureau will not be subject to any annual increases in the cost of MeetingMatrix LIVE!™. After the initial MeetingMatrix ™ ™ LIVE! Term, MeetingMatrix may find it necessary to increase the MeetingMatrix LIVE! subscription from year to year. Any increase will be reflected in the invoice prior to the commencement of the year to which the increase is applicable. Any such increase shall not exceed Five Percent (5%) annually.

Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

Annual Maintenance:

31) Sixty (60) days before the annual expiration date of your MeetingMatrix LIVE!™ billing cycle, a renewal invoice for the current amount will automatically be sent to Irving Convention & Visitors Bureau, covering another year. 32) The Hosting and Download of MeetingMatrix Certified Room Diagrams® and MeetingMessenger Alerts™ are not available without a current MeetingMatrix LIVE! ™ subscription.

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33) The feature within MeetingMatrix® which allows the e-mailing of Setup Diagrams™ to Meeting and Event Planners does not function without a current MeetingMatrix LIVE! ™ subscription.

34) If you purchased ActiveMatrix.NET™; the diagram enhancement process for ActiveMatrix.NET™ involves identifying the specific setup requirements for each seating style in every meeting space at Irving Convention Center. Irving Convention & Visitors Bureau will need to designate an individual on-site who will work with the MeetingMatrix® Implementation Manager to determine how each meeting room is commonly setup for each seating style. This person is typically a banquet or convention floor manager who knows how every meeting room is set. Factors that are taken into account in an Enhanced Certified Room Diagram® are; the sizes of tables, the typical chair, the width of front, rear and side aisles, the width and number of center aisles and the direction of the seating. It is critical that Irving Convention Center effectively communicates with the MeetingMatrix® Implementation Manager how all of the meeting rooms are typically set. Each meeting space/seating style configuration will be designated to either: a) allow ActiveMatrix.NET™ to generate dynamic setup diagrams; or b) create a customized default setup for the meeting space; or c) set to exclude a specific meeting space/seating style configuration as inappropriate (i.e., exhibit booths in a small salon). 35) Upon completion of the necessary diagram enhancement processes, the Implementation Manager sends the necessary files to the MeetingMatrix International Inc. home office where they are verified, certified and then imported into the MeetingMatrix Studio™. A capacity chart will be generated, which pulls information directly from the MeetingMatrix® software, based upon the setups generated in the enhanced diagrams. 36) Once ActiveMatrix.NET™ has been published; Irving Convention & Visitors Bureau can access their ActiveMatrix.NET™ via www.MeetingMatrix.com to verify that the setup diagrams created for each meeting space/seating style configuration meets their specifications. In addition, Irving Convention & Visitors Bureau can view the generated capacity chart via customers.MeetingMatrix.com in order to approve and sign off on their capacity chart and maximum setup diagrams for each meeting space/seating style configuration. Questions regarding the setup diagrams or capacity chart can be addressed with the MeetingMatrix® Internet Applications Manager. 37) The MeetingMatrix® Internet Applications Manager will work with the Irving Convention & Visitors Bureau webmaster for Irving Convention & Visitors Bureau’s website (or another appropriate contact) to implement the product for online use on your website. In the event ActiveMatrix.NET™ has been purchased in conjunction with PlanView.NET, the implementation of ActiveMatrix.NET™ will occur simultaneously with that of PlanView.NET. 38) The Annual Hosting Fee for ActiveMatrix.NET™ covers product enhancements, technical support for your Webmaster and the hosting and bandwidth necessary to support ActiveMatrix.NET™ on your website, as well as, www.MeetingMatrix.com. The effective date of your ActiveMatrix.NET™ Annual Hosting Fee commences at the time your ActiveMatrix.NET™ is posted on www.MeetingMatrix.com. The current ActiveMatrix.NET™ Annual Hosting Fee for your facility is listed in this proposal and is subject to a Five Percent (5%) increase each calendar year. Thirty (30) days before the expiration date of your ActiveMatrix.NET™ Annual Hosting Fee, a renewal invoice will automatically be sent to Irving Convention & Visitors Bureau, extending the term for another year. ActiveMatrix.NET™ for Irving Convention & Visitors Bureau is not available on the Internet without an ActiveMatrix.NET™ Annual Hosting Fee in place. Account balances for ActiveMatrix.NET™ Annual Hosting Fee over Thirty (30) days late will result in the temporary suspension of the availability of ActiveMatrix.NET™ until such balance is paid. PlanView.NET™: 39) If you purchased PlanView.NET™; MeetingMatrix International, Inc. will implement the individual room diagrams, as well as, create the overall floor plans and campus map (if purchased). MeetingMatrix International, Inc. will establish the color palette matching your website and will create the necessary hotspots and rollovers.

Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

ActiveMatrix.NET™:

40) Irving Convention & Visitors Bureau will need to gather digital images, marketing material (descriptions, etc.), and any rich media files to be used in PlanView.NET™. Irving Convention & Visitors Bureau will be given access to the PlanView.NET™ configuration tool via customers.MeetingMatrix.com, where they can upload digital images and rich media and enter the marketing copy noted above. 41) Upon completion of all aspects noted above, Irving Convention & Visitors Bureau will be contacted to review the finalized PlanView.NET™ product on www.MeetingMatrix.com and approve and sign off on the product.

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43) The Annual Hosting Fee for PlanView.NET™ covers product enhancements, technical support for your Webmaster and the hosting and bandwidth necessary to support PlanView.NET™ on your website, as well as, www.MeetingMatrix.com. The effective date of your PlanView.NET™ Annual Hosting Fee commences at the time your PlanView.NET™ is posted on www.MeetingMatrix.com. The current PlanView.NET™ Annual Hosting Fee for your facility is listed in this proposal and is subject to a Five Percent (5%) increase each calendar year. Thirty (30) days before the expiration date of your PlanView.NET™ Annual Hosting Fee, a renewal invoice will automatically be sent to Irving Convention & Visitors Bureau, extending the term for another year. PlanView.NET™ for Irving Convention & Visitors Bureau is not available on the Internet without a PlanView.NET™ Annual Hosting Fee in place. Account balances for PlanView.NET™ Annual Hosting Fee over Thirty (30) days late will result in the temporary suspension of the availability of PlanView.NET™ until such balance is paid.

Miscellaneous Provisions: 44) E-Mail Policy – Unless you inform us otherwise we will assume that we have your permission to communicate with you via e-mail. The types of communications that you could potentially receive from MeetingMatrix may include emails that; a) assist you in completing a transaction or order; b) provide you with a software activation code; c) provide with a login and password to a secure area within one of our websites; d) provide customer service and technical support; e) provide MeetingMessenger Alerts!™ when a Meeting Planner downloads your Certified Room Diagrams®; f) send you a Request for Proposal from a Meeting Planner generated via SiteVisit®; g) give you a monthly update via the MeetingMatrix Was There newsletter; h) communicate with you about products and services; i) update you on new features and benefits; j) provide personalized promotional offers; and/or k) specific content to be communicated to you. If you would like to modify your e-mail opt-in settings you may do so at customers.MeetingMatrix.com or at the bottom of any e-mail if you do not have a MeetingMatrix Customer Center™ login.

Acceptance of Proposal Please sign in the space provided indicating your acceptance of this proposal and the Terms and Conditions. Upon receipt of this signed acceptance we will schedule your installation and generate a Confirmation Letter and invoice.

City of Irving/ Irving Convention & Visitors Bureau ________________________ Herbert A Gears, Mayor

Date - _____/_____/_____

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Attachment: C. RES Addendum No. 1 (2911 : 30P35 ADD 1 - MeetingMatrix Agreement)

42) Upon approval by Irving Convention & Visitors Bureau, the MeetingMatrix® Internet Applications Manager will work with the Irving Convention & Visitors Bureau webmaster (or another appropriate contact) to implement PlanView.NET™ for online use on your website.

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Intergovernmental Services

DOC ID: 2854 LSR No:

Ordinance -- 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 Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: Approval of the ordinance will implement a negotiated settlement with Atmos Energy Corp 3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a negotiated resolution addressing the Company's second Rate Review Mechanism (RRM) filing. The RRM process is a three year experiment created by ACSC and Atmos Mid-Tex to replace the controversial GRIP surcharge system. The RRM allows cities to conduct a more comprehensive review of all of the information regarding changes to Atmos' revenues and expenses as well as its invested capital. 4. Based upon the review of ACSC experts, it was determined that the evidence supported only a slight increase over current rates, and not the $20.2 million proposed by the Company. After settlement talks between Atmos and the ACSC settlement team the Company agreed to a $2.6 million increase. 5. The negotiated result reduces Atmos' requested rate increase by more than 85%. The monthly bill impact for an average residential customers will be $0.15. 6. Requires the Company to reimburse ACSC for reasonable rate making costs associated with reviewing and processing the RRM application. 7. Protects the City by mandating that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. 8. The outcome of this settlement is equal to or better than the outcome expected from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas rates. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: N/A

Review Completed By:

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Previous Action: No

Council Action:

. ADDITIONAL COMMENTS: The City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex” or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or “Steering Committee”). On March 6, 2009, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. The Atmos Mid-Tex March RRM filing sought a $20.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached RRM tariff are the result of negotiation between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance and RRM tariffs approve rates that will increase the Company's revenues by $2.6 million effective for bills rendered on or after August 1, 2009. The monthly bill impact for the average residential customer will be a $0.15 increase (about a 0.22% increase in the total bill). Please note that current rates contain a true-up component ($9 million to be collected over twelve months) from the first RRM in 2008. Collection of the 2008 true-up amount is scheduled to end on November 1, 2009. The rate impact of that 2008 true-up amount for the period August 1 – October 31, 2009 is $1,006,073. To simplify the process and to reduce rate fluctuations, the parties have agreed to eliminate collection of the 2008 true-up on August 1, 2009 rather than November 1, 2009. The remaining $1,006,073 that is still owed from the 2008 true-up will be recovered as part of the 2009 true-up over 12 months rather than 3 months. This change related to the 2008 true-up amount is revenue and rate impact neutral. RRM Background: The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 rate increase case. Atmos Mid-Tex’s current action represents the second filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the GRIP surcharge process. The RRM process allows for a more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three-year trial period specified by the tariff. There are two components to the RRM adjustment. The prospective component adjusts rates for known and measurable changes in O&M and net plant investment. Atmos Mid-Tex and ACSC agreed to cap changes to expenses and invested capital at no more than 5%. The true-up component evaluates whether the Company has over or underrecovered its earnings for the previous year. For purposes of the RRM true-up component, the Atmos Mid-Tex rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first-class air fare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. Purpose of the Ordinance: The purpose of the Ordinance is to approve rate tariffs (“Attachment A”) and Proof of Revenues (“Attachment B”) that reflect the negotiated rate change pursuant to the RRM process. In addition to the RRM tariffs, the Ordinance also approves a revision to the Atmos Mid-Tex current Gas Cost Recovery ("GCR") tariff to allow the Company to recover certain hedging costs associated with natural gas futures through the GCR tariff.

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As a result of the negotiations, ACSC was able to reduce the Company's requested $20.2 million RRM increase by more than 70%. Approval of the Ordinance will result in rates that implement a $2.6 million increase in Atmos' revenues effective August 1, 2009. Reasons Justifying Approval of the Negotiated Resolution: During the time that the City has retained original jurisdiction in this case, consultants working on behalf of ACSC cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $20.2 million increase requested by the Company, ACSC consultants agree that the Company can justify a slight increase in revenues. The agreement on $2.6 million is a compromise between the positions of the parties. The alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission of Texas (“RRC”) on the Company's current application, would take several months and cost ratepayers millions of dollars in rate case expenses and would not likely produce a result more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. With regard to the revision to the GCR tariff, ACSC has advocated that the Company use hedging as a risk management tool to help mitigate volatile natural gas prices. The tariff change is consistent with ACSC's prior position.

ATTACHMENTS: • •

Attachment_A_Tariffs[1] (PDF) Attachment_B_Proposed_2009_RRM_Settlement_Proof_of_Revenue (PDF)

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 8/11/2009 08:59 AM by Kathryn Guerra Last Updated: 9/18/2009 11:24 AM by Jennifer Dwyer

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ORDINANCE NO. ORD-2009-9111

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS ("CITY"), APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC” OR “STEERING COMMITTEE”) AND ATMOS ENERGY CORP., MIDTEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, the City of Irving, Texas ("City"), is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or " Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC" or “Steering Committee”), a coalition of more than 150 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos MidTex resolving the Company's 2007 rate case and authorizing the RRM tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and WHEREAS, on or about March 6, 2009, Atmos Mid-Tex filed with the City its second application pursuant to the RRM tariff to increase natural gas rates by approximately $20.2 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex Division; and WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a Settlement Committee made up of ACSC representatives and assisted by ACSC attorneys and consultants to resolve issues identified by ACSC in the Company’s RRM filing; and -1Packet Pg. 242

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WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid-Tex is able to justify a slight rate increase over current rates; and WHEREAS, the Steering Committee has advocated in other proceedings that Atmos Mid-Tex hedge natural gas futures in order to mitigate the volatility of natural gas prices, which are a flow through to customers; and WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommend that ACSC members approve the attached rate tariffs ("Attachment A" to this ordinance), which will increase the Company's revenue requirement by $2.6 million; and WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues ("Attachment B" to this ordinance) are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1.

That the findings set forth in this ordinance are hereby in all things approved.

SECTION 2. That the City Council finds that the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' Proof of Revenues, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. SECTION 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC Cities in processing the Company's rate application. SECTION 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this ordinance, it is hereby repealed. SECTION 5. That the meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 6. That if any one or more sections or clauses of this ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining -2Packet Pg. 243

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provisions of this ordinance and the remaining provisions of the ordinance shall be interpreted as if the offending section or clause never existed.

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SECTION 7. That if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. SECTION 8. That the Company's Gas Cost Recovery tariff is revised to permit recovery of certain costs associated with hedging natural gas futures. SECTION 9. That this ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after August 1, 2009. SECTION 10. That a copy of this ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on first reading on September 3, 2009.

________________________________ HERBERT A. GEARS MAYOR PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE IRVING, TEXAS, on second and final reading on September 17, 2009.

________________________________ HERBERT A. GEARS MAYOR ATTEST: ______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: ______________________________ Charles R. Anderson City Attorney

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Attachment: Attachment_A_Tariffs[1] (ORD-2009-9111 : 40 Approving Atmos Rate Review Mechanism)

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ATMOS ENERGY CORP., MID-TEX DIVISION PROOF OF REVENUES TEST YEAR ENDING DECEMBER 31, 2008 (2009 RRM SETTLEMENT PROPOSAL)

Line No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

Description (a) Rate R Consumption Charge per MCF Change from Current Rate Billing Units for Specified Period Total Change in Base Revenue Associated Revenue Taxes Total Rate Impact Number of Bills for Specified Period Average Impact per Bill Rate C Consumption Charge per MCF Change from Current Rate Billing Units for Specified Period Total Change in Base Revenue Associated Revenue Taxes Total Rate Impact Number of Bills for Specified Period Average Impact per Bill Rates I&T - 1st block Consumption Charge per MCF Change from Current Rate Billing Units for Specified Period Total Change in Base Revenue Associated Revenue Taxes Total Rate Impact Rates I&T - 2nd block Consumption Charge per MCF Change from Current Rate Billing Units for Specified Period Total Change in Base Revenue Associated Revenue Taxes Total Rate Impact Rates I&T - 3rd block Consumption Charge per MCF Change from Current Rate Billing Units for Specified Period Total Change in Base Revenue Associated Revenue Taxes Total Rate Impact Rates I&T - Total Total Rate Impact Number of Bills for Specified Period Average Impact per Bill Total Change in Base Revenue Total Rate Impact (Inc. Rev. Taxes)

Prospective Rate Increase (b)

2008 True-up (c)

Total change from current rates (d)

$0.1047 82,321,960 $8,619,109 $532,144 $9,151,253 17,244,058 $0.53

$0.0060 82,321,960 $493,932 $30,495 $524,427 17,244,058 $0.03

$0.0297 82,321,960 $2,444,962 $150,952 $2,595,914 17,244,058 $0.15

$0.0383 52,439,100 $2,008,418 $124,000 $2,132,417 1,452,943 $1.47

$0.0052 52,439,100 $272,683 $16,835 $289,519 1,452,943 $0.20

$0.0068 52,439,100 $356,586 $22,016 $378,601 1,452,943 $0.26

$0.0144 9,681,181 $139,409 $8,607 $148,016

$0.0087 9,681,181 $84,226 $5,200 $89,426

($0.0150) 9,681,181 ($145,218) ($8,966) ($154,183)

$0.0105 10,782,882 $113,220 $6,990 $120,210

$0.0064 10,782,882 $69,010 $4,261 $73,271

($0.0109) 10,782,882 ($117,533) ($7,257) ($124,790)

$0.0023 19,798,632 $45,537 $2,811 $48,348

$0.0014 19,798,632 $27,718 $1,711 $29,429

($0.0023) 19,798,632 ($45,537) ($2,811) ($48,348)

$316,575 11,571 $12.79

$192,127 11,571 $7.73

($327,322) 11,571 ($13.32)

$10,925,693 $11,600,245

$947,570 $1,006,073

$2,493,260 $2,647,194

Attachment: Attachment_B_Proposed_2009_RRM_Settlement_Proof_of_Revenue (ORD-2009-9111 : 40 Approving Atmos Rate Review

ATTACHMENT B

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Police

DOC ID: 2871 LSR No:

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 Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: This ordinance will provide greater clarity, a more comprehensive list of prohibited conduct, and sufficient specificity so that it can be enforced more effectively. 3. The amended ordinance will include the following changes: a. Include specific prohibitions against motor vehicle idling in excess of 15 minutes within residential areas or within 300 feet of a residential structure; b. Prohibition of devices that cause vibration beyond the property boundary of the source of the vibration; c. Specific guidance pertaining to construction, excavation and repair; d. Reasonable time constraints which take into account times people are ordinarily sleeping. 4. Benchmarking of the noise ordinance was done with area metroplex cities and cities of comparable size to Irving throughout the State. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: N/A Council Action: N/A

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 8/18/2009 09:51 AM by Darlene Jenkins Last Updated: 9/9/2009 03:57 PM by Belinda Rowlett

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ORDINANCE NO. (ID # 2871)

AN ORDINANCE AMENDING CHAPTER 22 ENTITLED "NOISE" OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS; PROVIDING DEFINITIONS; PROVIDING GENERAL PROHIBITION; REGULATING NOISES; PROVIDING EXEMPTIONS; PROVIDING ENFORCEMENT; PROVIDING A PENALTY NOT TO EXCEED $500.00; PROVIDING FOR SAVINGS, SEVERABILITY, PUBLICATION, AND AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code § 217.003 specifically authorizes municipalities to adopt ordinances regulating, restricting, or prohibiting the production or emission of noises or amplified speech, music, or other sounds that tend to annoy, disturb, or frighten its citizens; and WHEREAS, excessive sound vibration and inadequately controlled noise are serious hazards to the public health, safety, and welfare, and a source of annoyance to the residents of the City of Irving; and WHEREAS, the residents have a right to an environment free from excessive sound and vibration that may jeopardize their health and welfare or degrade their quality of life; and WHEREAS, it is the policy of the City to protect the health, safety, and welfare of its citizens, and to promote an environment free from sound and noise disruptive of peace and good order; and WHEREAS, the City seeks to prevent excessive noise that may jeopardize the health or welfare of its citizens or degrade the quality of life through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. That Chapter 22 entitled "Noise" of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is amended in its entirety to read as follows: Chapter 22 NOISE Sec. 22-1.

Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "A" level means the total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit of measurement is dB(A). -1Packet Pg. 262

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Chief of police means the chief of the Irving Police Department or his designee, to include code enforcement officers, for purposes of this chapter. Decibel means a unit of measurement for sound pressure level at a specified location. Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention. Emergency work means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service. Person means an individual, corporation, business trust, estate trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity. Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity. Public space means any real property or structures on real property, owned by a government entity and normally accessible to the public, including, but not limited to, parks and other recreational areas. Residential area means any real property which contains a structure or building in which one (1) or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the City of Irving’s zoning ordinance. Sec. 22-2.

General prohibition.

(a)

No person shall make, continue, or cause to be made or continued:

(1)

Any unreasonably loud, disturbing, and unnecessary noise; or

(2)

Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the City of Irving; or

(3)

Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

(b) Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following: (1)

The proximity of the sound to sleeping facilities, whether residential or commercial;

(2)

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(3)

The time of day or night the sound occurs;

(4)

The duration of the sound; and

(5)

Whether the sound is recurrent, intermittent, or constant.

Sec. 22-3.

Noises prohibited.

(a) The following acts are declared to be per se violations of this chapter. This enumeration does not constitute an exclusive list: (1)

Unreasonable noises: The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, disturbing, and unnecessary noise, disturbance, commotion, or vibration in any boarding facility, dwelling, place of business, or other structure, or upon any public street, park, or other place or building unless the noise is the ordinary and usual sounds, noises, commotion, or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residents or which will not detrimentally affect the operators of adjacent places of business;

(2)

Vehicle horns, signaling devices, and similar devices: The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any rightof-way or in any public space of the City of Irving, for more than ten (10) consecutive seconds unless the sounding of any horn, signaling device, or other similar device is a danger warning;

(3)

Nonemergency signaling devices: Sounding or permitting the sounding of any amplified signal from any bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes from any place for more than ten (10) consecutive seconds in any hourly period. It is an affirmative defense to this subsection that the amplified signal is the reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors, or by the City of Irving for traffic control;

(4)

Emergency signaling devices: The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, unless in an emergency or except as provided in subsections a. and b., below: a. Testing of an emergency signaling device shall occur between 7:00 a.m. and 9:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five (5) minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month; b. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within fifteen (15) minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this chapter, in addition to any violation(s) of ordinances pertaining to alarms;

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(5)

Radios, televisions, boom boxes, phonographs, stereos, musical instruments, and similar devices: The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passersby, or is plainly audible at a distance of 50 feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential areas, including multi-family or singlefamily dwellings;

(6)

Loudspeakers, amplifiers, public address systems, and similar devices: The unreasonably loud, disturbing, and unnecessary use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound: a. Between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas: i.

Within or adjacent to a residential area;

ii. Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous. This shall not apply to any public performance, gathering, or parade for which a permit has been obtained from the City of Irving; or b. From moving vehicles for the purpose of advertising any show, sale, display of merchandise, or any other purpose; (7)

Yelling, shouting, and similar activities: Yelling, shouting, whistling, or singing in residential areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities;

(8)

Animals and birds: Unreasonably loud, disturbing, and unnecessary noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls, harbors, or otherwise cares for the animal or bird unless the sounds made by animals or birds in animal shelters, kennels, veterinary hospitals, pet shops, or pet kennels, licensed under and in compliance with licensing and permitting provisions set forth in this code;

(9)

Loading or unloading merchandise, materials, equipment: The creation of unreasonably loud, disturbing, and unnecessary noise in connection with the loading or unloading of any vehicle at a place of business or residence;

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(10) Construction or repair of buildings, excavation of streets and highways: The construction, demolition, alteration, or repair of any building in or adjacent to a residential district or the excavation of streets and highways in or adjacent to a residential district other than between the hours of 6:00 a.m. and 9:00 p.m. on weekdays and 7:00 a.m. and 8:00 p.m. on weekends unless the construction or repair noises results from an emergency. In nonemergency situations, the building official may issue a permit, upon application, if the building official determines that the public health and safety, as affected by unreasonably loud noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m., will not be impaired, and if the building official further determines that loss or inconvenience would result to a party in interest. The permit shall grant permission in nonemergency cases for a period of not more than three (3) days. The permit may be renewed once for a period of three (3) days or less. A three-member administrative panel consisting of one representative each from the building official’s office, the city engineer’s office, and the police department, may issue a permit for more than six (6) days if the administrative panel determines that the public health and safety will not be impaired and if the administrative panel further determines that loss or inconvenience would result to a party in interest. The hearing regarding an application must be heard no later than forty-eight (48) hours from the date an application is filed, unless otherwise agreed to by the City and the applicant. The ruling of the administrative panel shall be final and non-appealable; (11) Blowers and similar devices: In residential areas, between the hours of 10:00 p.m. and 7:00 a.m., the operation of any noise creating blower, power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud, disturbing, and unnecessary and can be heard across the property line of the property from which it emanates; (12) Commercial establishments adjacent to residential property: Unreasonably loud, disturbing, and unnecessary noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m. which is plainly audible from any residential property; (13) Motor vehicle idling. The operation of any engine of any motor vehicle with a manufacturer’s gross weight specification in excess of ten thousand (10,000) pounds within a residential area or three hundred (300) feet of a residential structure for a period in excess of fifteen (15) minutes unless the vehicle is located in an enclosed structure; (14) Operation of a vehicle. The unreasonably loud, disturbing, and unnecessary: a.

Grating, grinding, or rattling noise caused by the use of any motor vehicle that is out of repair or poorly or improperly loaded;

b.

The discharge into the open air of the exhaust of any stationary steam engine, stationary internal combustion engine, or motor boat engine, except through a muffler or other device that will effectively and efficiently prevent loud and disturbing noises or vibrations; or

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c.

The discharge into the open air of the exhaust from any motor vehicle, except through a muffler or other device that will effectively and efficiently prevent loud and disturbing noises or vibrations;

(15) Vibration. The use or cause of the use of any device that creates any ground vibration which is perceptible without instruments at any point beyond the property boundary of the source of the vibration. (b) Prima facie evidence of unreasonable noise: In residential areas between the hours of 10:00 p.m. and 7:00 a.m., the generation of sound from any identifiable source that exceeds 50 dB(A) at the property line of an offended person shall constitute prima facie evidence of a violation of this chapter. In residential areas between the hours of 7:00 a.m. and 10:00 p.m., the generation of sound from any identifiable source that exceeds 60 dB(A) at the property line of an offended person shall constitute prima facie evidence of a violation of this chapter. Sec. 22-4.

Exemptions.

Sounds caused by the following are exempt from the prohibitions set out in section 22-3 and are in addition to the exemptions specifically set forth in section 22-3: (1)

Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property;

(2)

Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger, provided that the prohibition contained in 22-3(4) continues to apply;

(3)

The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work;

(4)

Repairs or excavations of bridges, streets, or highways by or on behalf of the City of Irving, the state, or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.; or

(5)

Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events.

Sec. 22-5.

Presumption.

Whenever a violation of subsections 22-3(a)(2), (a)(6)b, or (a)(14) of this chapter occurs, the registered owner of the motor vehicle is presumed to be the person who committed the violation. Proof of ownership of a vehicle may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued.

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Sec. 22-6.

Enforcement.

(a) The chief of police or his designee (which for purposes of this chapter includes police and code enforcement officers) will have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this chapter shall prevent the chief of police from obtaining voluntary compliance by way of warning, notice, or education. (b) If a person's conduct would otherwise violate this chapter and consists of speech or communication; of a gathering with others to hear or observe speech or communication; or of a gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions; the person must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued. Sec. 22-7.

Penalties.

(a) A person who violates a provision of this chapter is guilty of a misdemeanor which is punishable by a fine not to exceed $500.00. (b) Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately. SECTION 3. That nothing in this ordinance hereby adopted shall be constructed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or prior ordinance; nor shall any legal right or remedy of any character be lost, impaired, or affected by this ordinance. SECTION 4. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause, or phrase of this ordinance. SECTION 5. That this ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Irving, and the caption hereof shall be published in the official newspaper within the City and it is accordingly so ordained.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009.

_______________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney J:\Code Enforcement\Research\Noise\Chapter 22 Noise br 090909.doc

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: City Attorney’s Office

DOC ID: 2933 LSR No: N/A

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 Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The proposed ordinance would allow closer and more effective team work between the Housing and Human Services Department and other City staff. 3. In January of 2006, the City Council, acting pursuant to authority granted under Article VIII, Section 8 of the Irving City Charter, provided that the executive director of the Housing and Human Services Department would be appointed, removed, and supervised by the Housing and Human Services Board. 4. The proposed ordinance repeals those provisions of Section 63-3 which relate to the appointment, removal, and supervision of the Executive Director. 5. The result of the proposed repeal would be for the Executive Director position to come back under the provisions of Article VIII, Section 3 of the Irving City Charter whereby the City Manager appoints, removes, controls, and supervises all employees of the City other than the City Secretary, the City Attorney, the City Treasurer, and the City Judges. 6. The Executive Director and the employees of the Housing and Human Services Department will remain governed by the rules, regulations, and policies pertaining to non-civil service personnel. 7. The changes set forth in this proposed ordinance were recommended by the Community Services Committee of the City Council at their September 9, 2009, meeting. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: N/A Council Action: N/A

CURRENT YEAR FINANCIAL IMPACT: None REVISION INFORMATION: Prepared: 9/14/2009 04:46 PM by Charles Anderson Last Updated: 9/15/2009 02:18 PM by Belinda Rowlett

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ORDINANCE NO. (ID # 2933)

AN ORDINANCE AMENDING CHAPTER 63 ENTITLED “HOUSING AND HUMAN SERVICES” OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY REPEALING THE PROVISIONS RELATIVE TO THE APPOINTMENT, REMOVAL, AND SUPERVISION OF AN EXECUTIVE DIRECTOR AND REFERENCES TO THE CITY MANAGER; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, a Charter amendment election was called by Ordinance No. 8527 in 2005 and all amendments were approved by the voters in full; and WHEREAS, a section of the Charter applicable to the Housing and Human Services Department now reads as follows: “Irving Housing and Human Services Department. To the extent the city council authorizes the creation or continued maintenance of the Irving Housing and Human Services Department, the city council may provide by ordinance for alternative methods of appointment, removal and supervision of the executive director and other employees of such department, in which case the city manager’s power to hire, supervise or remove such persons will be limited to the extent specified in such ordinance.”; and WHEREAS, Charter Amendment No. 3 enabled the City Council to provide for alternate methods for the appointment, removal, and supervision of the Housing and Human Services Department Executive Director, and the City Council did provide for an alternate method in Ordinance No. 8603 in January of 2006; and WHEREAS, the City Council desires to change the alternate method for appointing, removing, and supervising the Housing and Human Services Department Executive Director; and WHEREAS, the City Council would like to bring about a more efficient and functional team consisting of the Housing and Human Services Department and other City staff in order to better serve the needs of the community; and WHEREAS, the City Council wants to have the Executive Director of the Housing and Human Services Department supervised, controlled, removed, and appointed by the City Manager in conformance with Article VIII, Section 3 of the Charter in order to bring about a more efficient and functional team; and WHEREAS, the City of Irving City Council deems the passage of this ordinance to be in the best interests of the health, safety, and welfare of the public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. That subsections (4), (5), (6), and (7) of Section 63-3 of Chapter 63 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, are hereby repealed. 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, -1Packet Pg. 271

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clause, or phrase of this ordinance.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009.

_______________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Budget & Compensation

DOC ID: 2948 LSR No:

Ordinance -- Amending the City of Irving General Obligation Bonds, Series 2007 to Reallocate $2,255,000 Fire Facilities Bond Proceeds to Library Facilities Purposes Administrative Comments 1. This item supports Strategic Goals No. 7: Cultural, Recreational, and Educational Environments and No. 8: Sound Governance. 2. Impact: The decision to delay awarding the construction contract for Fire Station #4 to evaluate alternative locations leaves approximately $3.8 million idle in the Fire Station bond fund. 3. As part of the city’s strategy to finance capital projects on a just in time basis, these funds can be reallocated to other projects that have been planned for the Fall 2009 bond sale. 4. The West Brach Library is a large capital project that will require the sale of construction bonds this fall to complete. Staff recommends allocating the fire bond proceeds received from the 2007 and 2008 Bond sales to this project. 5. Staff has consulted with Vinson and Elkins, the city’s bond counsel, who agrees that these funds can be transferred and the bond authorizations can be adjusted accordingly. The Attorney General has confirmed with Vinson and Elkins that the city may reallocate the bond proceeds that were issued pursuant to the 1999 Fire proposition to the 2006 Library proposition. 6. Council action approving ordinances amending the 2007 and 2008 bond sale ordinances are required to transfer the funds and reallocate the bond proceeds between the 1999 Fire proposition and the 2006 Library proposition. A budget adjustment will be made to reflect this transfer. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: N/A Council Action: N/A

. CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/18/2009 01:02 PM by Jennifer Dwyer Packet Pg. 274

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Last Updated: 9/18/2009 04:19 PM by Jennifer Dwyer

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ORDINANCE NO. (ID # 2948)

AN ORDINANCE AMENDING THE RECITALS TO AND SECTION 3.1 OF ORDINANCE NO. 8822 AUTHORIZING THE CITY OF IRVING GENERAL OBLIGATION BONDS, SERIES 2007 TO AMEND THE PURPOSES FOR WHICH THE BONDS WERE ISSUED AND REALLOCATE VOTED AUTHORIZATION AND ENACTING OTHER PROVISIONS RELATING THERETO WHEREAS, the City of Irving, Texas (the “City”) has previously authorized its General Obligation Bonds, Series 2007 (the “Bonds”) pursuant to Ordinance No. 8822 adopted and approved on June 1, 2007; and WHEREAS, $2,255,000 of the Bonds were issued for the public purpose authorized at the bond election held on February 6, 1999, of designing, constructing, reconstructing, improving, renovating, expanding, equipping, and furnishing fire station facilities and fire training and administrative facilities, including the acquisition of land therefore; replacing and acquiring fire fighting and emergency vehicles, equipment and apparatus (the “Original Purpose”); and WHEREAS, the City Council of the City (the “City Council”) has determined that it is not in the best interests of the City at this time to proceed with the use of the Bond proceeds identified above for the Original Purpose for which they were issued; and WHEREAS, the City Council has determined that it would be in the best interests of the City to use the proceeds from the Bonds issued for the Original Purpose for the public purpose authorized at the bond election held on November 7, 2006, of designing, constructing, improving, renovating, expanding, equipping, and furnishing libraries and related facilities, including the acquisition of land therefore (the “Library Purpose”); and WHEREAS, the City Council has now determined that it is in the City’s best interest to amend Ordinance No. 8822 to amend the purposes for which the Bonds were issued to re-allocate the Bonds issued for the Original Purpose to the Library Purpose; and WHEREAS, the amendments authorized herein do not change the amount of the Bonds issued by Ordinance No. 8822 or which currently remain outstanding, but only reallocates the voted authorized utilized for the Bonds; and WHEREAS, the meeting at which this Ordinance is considered is open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: Section 1. The statements contained in the preamble of this Ordinance are true and correct and are hereby adopted as findings of fact and as a part of the operative provisions hereof. Section 2. The following table in the second recital of Ordinance No. 8822 listing certain of the purposes and the amounts of general obligation bonds which were authorized at the respective -1Packet Pg. 276

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elections, the amounts previously issued for said purposes pursuant to the voted authorizations the amounts therefrom issued pursuant to Ordinance No. 8822, and the respective balances that remain unissued for the indicated purposes after the issuance of the Bonds, is hereby amended to be as reflected below:

Purpose 1987 Election Sanitary Landfill 1999 Election Streets Drainage Improvements Parks Libraries City Buildings Sanitary Landfill Fire Police Youth Development/ Community Center 2006 Election Streets Drainage Improvements Parks Library City Buildings Animal Shelter Public Safety Voice and Data Systems Veteran’s Memorial Park Improvements for Economic Development Senior Citizens Center Total

Amount Voted

Amount Previously Issued

$13,000,000

$11,395,000

133,880,000 25,000,000 36,800,000 7,300,000 8,500,000 9,055,000 18,105,000 8,650,000 2,495,000

57,810,000 12,715,000 23,250,000 6,600,000 5,220,000 -06,375,000 7,650,000 400,000

Amount Being Issued $ 670,000 9,185,000 2,000,000 3,200,000 700,000 1,000,000 -0-0-01,595,000

Unissued Balance $ 935,000 66,885,000 10,285,000 10,350,000 -02,280,000 9,055,000 11,730,000 1,000,000 500,000

$117,825,000 32,600,000 56,475,000 18,200,000 15,600,000 6,000,000 15,305,000 25,000,000 3,000,000

-0-0-0-0-0-0-0-0-0-

$ 500,000 -0600,000 2,255,000 1,695,000 2,000,000 600,000 1,000,000 500,000

$117,325,000 32,600,000 55,875,000 15,945,000 13,905,000 4,000,000 14,705,000 24,000,000 2,500,000

35,000,000 10,000,000

-0-0-

-0-0-

35,000,000 10,000,000

$597,790,000 $131,415,000

$27,500,000

$438,875,000

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Section 3.

Section 3.01 of Ordinance No. 8822 is hereby amended to read as follows:

Section 3.01: Authorization. The City’s bonds to be designated “City of Irving, Texas, General Obligation Bonds, Series 2007,” are hereby authorized to be issued and delivered in accordance with Tex. Const. art. XI, Sec. 5 and Chapter 1331, Texas Government Code, as amended, and Article VII, Sec. 1 of the Charter of the City. The Bonds shall be issued in the aggregate principal amount of $27,500,000, for the purpose of providing funds to pay the costs of issuing the Bonds and to make the following permanent public improvements authorized in the following amounts: (i) $9,185,000 for engineering, constructing, reconstructing, improving, repairing, developing, extending and expanding streets, thoroughfares, grade separations, sidewalks and other public ways of the City, including necessary and related storm drainage facilities and improvements, intersection capacity improvements, signalization, traffic management and emergency vehicle preemption system and other traffic controls, street lighting, and the acquisition of any needed rights-of-way therefore (1999 Authorization); $500,000 for engineering, constructing, reconstructing, improving, repairing, developing, extending and expanding streets, thoroughfares, grade separations, sidewalks and other public ways of the City, including necessary and related storm drainage facilities and improvements, intersection capacity improvements, signalization, landscaping, streetscape, railroad quiet zone traffic controls, traffic management and emergency vehicle preemption system and other traffic controls, street lighting, and the acquisition of land therefore (2006 Authorization), (ii) $2,000,000 for designing, constructing, improving and expanding storm drainage and flood control facilities and the acquisition of land therefore (1999 Authorization), (iii) $3,200,000 for acquiring and improving land for park and recreational purposes, including designing, constructing, expanding, equipping and furnishing a senior citizens’ center and pool, aquatics center, soccer complex, development of parks and trails, and erosion control (1999 Authorization); $600,000 for acquiring and improving land for park and recreational purposes, including designing, constructing, expanding, equipping and furnishing aquatics facilities, development of parks and trails, improvements at the Twin Wells golf course, and erosion control (2006 Authorization), (iv) $700,000 for designing, constructing, improving, renovating, expanding, equipping, and furnishing libraries and related facilities, including the acquisition of land therefore (1999 Authorization), (v) $1,000,000 for constructing, improving, renovating, expanding, equipping, and furnishing existing city buildings and facilities, including completion of the City’s maintenance facilities and city hall renovations and rehabilitation of other City facilities (1999 Authorization); $1,695,000 for constructing, improving, renovating, expanding, equipping, and furnishing existing City buildings and facilities, including completion of the City's maintenance facilities, City Hall renovations, Arts Center renovations and rehabilitation of other City facilities (2006 Authorization), (vi) $2,000,000 for designing, acquiring, improving, constructing, renovating, equipping and furnishing animal shelter facilities, including the acquisition of land therefore (2006 Authorization), (vii) $2,255,000 for designing, constructing, improving, renovating, expanding, equipping, and furnishing libraries and related facilities, including the acquisition of land therefor, (2006 Authorization); $600,000 for designing, constructing, reconstructing, improving, renovating, expanding, equipping, and furnishing public safety facilities, including fire station facilities, police and fire training facilities and administrative facilities, including the acquisition of land therefor; and replacing and acquiring fire fighting and emergency vehicles, equipment and apparatus (2006 Authorization), (viii) $1,000,000 for designing, constructing, improving, renovating, expanding, equipping, and furnishing comprehensive public safety and municipal voice and data communication radio and network systems and related facilities (2006 Authorization), (ix) $500,000 for designing, constructing, improving, renovating, expanding, equipping, and furnishing a veterans memorial park facility (2006 Authorization), (x) $670,000 for acquiring, constructing, improving, expanding and equipping a sanitary landfill and related sanitation facilities of the City (1987 Authorization); (xi) -3Packet Pg. 278

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$1,595,000 for designing, constructing and equipping of a Youth Development/Community Center and the acquisition of land therefore (1999 Authorization); and (xii) for paying the costs of issuance of the Bonds. Section 4.

Effective Date. This Ordinance shall take effect immediately upon its approval.

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APPROVED AND ADOPTED this _____ day of September, 2009.

____________________________ Mayor, City of Irving, Texas ATTEST:

___________________________________ City Secretary City of Irving, Texas APPROVED AS TO FORM:

___________________________________ City Attorney City of Irving, Texas

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Budget & Compensation

DOC ID: 2949 LSR No:

Ordinance -- Amending the City of Irving General Obligation Bonds, Series 2008 to Reallocate $1,580,000 Fire Factilities Bond Proceeds to Library Facilities Purposes Administrative Comments 1. This item supports Strategic Goals No. 7: Cultural, Recreational, and Educational Environments and No. 8: Sound Governance. 2. Impact: The decision to delay awarding the construction contract for Fire Station #4 to evaluate alternative locations leaves approximately $3.8 million idle in the Fire Station bond fund. 3. As part of the city’s strategy to finance capital projects on a just in time basis, these funds can be reallocated to other projects that have been planned for the Fall 2009 bond sale. 4. The West Brach Library is a large capital project that will require the sale of construction bonds this fall to complete. Staff recommends allocating the fire bond proceeds received from the 2007 and 2008 Bond sales to this project. 5. Staff has consulted with Vinson and Elkins, the city’s bond counsel, who agrees that these funds can be transferred and the bond authorizations can be adjusted accordingly. The Attorney General has confirmed with Vinson and Elkins that the city may reallocate the bond proceeds that were issued pursuant to the 1999 Fire proposition to the 2006 Library proposition. 6. Council action approving ordinances amending the 2007 and 2008 bond sale ordinances are required to transfer the funds and reallocate the bond proceeds between the 1999 Fire proposition and the 2006 Library proposition. A budget adjustment will be made to reflect this transfer. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: N/A Council Action: N/A

. CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/18/2009 01:09 PM by Jennifer Dwyer Packet Pg. 281

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Last Updated: 9/18/2009 04:19 PM by Jennifer Dwyer

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ORDINANCE NO. (ID # 2949)

AN ORDINANCE AMENDING THE RECITALS TO AND SECTION 3.1 OF ORDINANCE NO. 8940 AUTHORIZING THE CITY OF IRVING GENERAL OBLIGATION BONDS, SERIES 2008 TO AMEND THE PURPOSES FOR WHICH THE BONDS WERE ISSUED AND REALLOCATE VOTED AUTHORIZATION AND ENACTING OTHER PROVISIONS RELATING THERETO WHEREAS, the City of Irving, Texas (the “City”) has previously authorized its General Obligation Bonds, Series 2007 (the “Bonds”) pursuant to Ordinance No. 8940 adopted and approved on April 17, 2009; and WHEREAS, $1,580,000 of the Bonds were issued for the public purpose authorized at the bond election held on February 6, 1999, of designing, constructing, reconstructing, improving, renovating, expanding, equipping, and furnishing fire station facilities and fire training and administrative facilities, including the acquisition of land therefore; replacing and acquiring fire fighting and emergency vehicles, equipment and apparatus (the “Original Purpose”); and WHEREAS, the City Council of the City (the “City Council”) has determined that it is not in the best interests of the City at this time to proceed with the use of the Bond proceeds identified above for the Original Purpose for which they were issued; and WHEREAS, the City Council has determined that it would be in the best interests of the City to use the proceeds from the Bonds issued for the Original Purpose for the public purpose authorized at the bond election held on November 7, 2006, of designing, constructing, improving, renovating, expanding, equipping, and furnishing libraries and related facilities, including the acquisition of land therefore (the “Library Purpose”); and WHEREAS, the City Council has now determined that it is in the City’s best interest to amend Ordinance No. 8940 to amend the purposes for which the Bonds were issued to re-allocate the Bonds issued for the Original Purpose to the Library Purpose; and WHEREAS, the amendments authorized herein do not change the amount of the Bonds issued by Ordinance No. 8940 or the amount of Bonds currently outstanding, but only reallocate the voted authorization utilized for the Bonds; and WHEREAS, the meeting at which this Ordinance is considered is open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: Section 1. The statements contained in the preamble of this Ordinance are true and correct and are hereby adopted as findings of fact and as a part of the operative provisions hereof. Section 2. The following table in the second recital of Ordinance No. 8940 listing certain of the purposes and the amounts of general obligation bonds which were authorized at the respective -1Packet Pg. 283

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elections, the amounts previously issued for said purposes pursuant to the voted authorizations the amounts therefrom issued pursuant to Ordinance No. 8940, and the respective balances that remain unissued for the indicated purposes after the issuance of the Bonds and including the amendments to Ordinance No. 8828 authorizing the General Obligation Bonds, Series 2007, is hereby amended to be as reflected below:

Purpose 1987 Election Sanitary Landfill 1999 Election Streets Drainage Improvements Parks Libraries City Buildings Sanitary Landfill Fire Police Youth Development/ Community Center 2006 Election Streets Drainage Improvements Parks Library City Buildings Animal Shelter Public Safety Voice and Data Systems Veteran’s Memorial Park Improvements for Economic Development Senior Citizens Center Total

Amount Voted

Amount Previously Issued

$13,000,000

$11,395,000

133,880,000 25,000,000 36,800,000 7,300,000 8,500,000 9,055,000 18,105,000 8,650,000 2,495,000

57,810,000 12,715,000 23,250,000 6,600,000 5,220,000 -06,375,000 7,650,000

Amount Being Issued $ 670,000 9,185,000 2,000,000 3,200,000 700,000 1,000,000 -0-0-0-

Unissued Balance $ 935,000 66,885,000 10,285,000 10,350,000 -02,280,000 9,055,000 11,730,000 1,000,000

400,000

1,595,000

$117,825,000 32,600,000 56,475,000 18,200,000 15,600,000 6,000,000 15,305,000 25,000,000 3,000,000

-0-0-02,255,000 -0-0-0-0-0-

$ 500,000 -0600,000 1,580,000 1,695,000 2,000,000 600,000 1,000,000 500,000

$117,325,000 32,600,000 55,875,000 14,365,000 13,905,000 4,000,000 14,705,000 24,000,000 2,500,000

35,000,000 10,000,000

-0-0-

-0-0-

35,000,000 10,000,000

$547,790,000 $131,415,000

$27,500,000

500,000

$438,875,000

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Section 3.

Section 3.01 of Ordinance No. 8940 is hereby amended to read as follows:

3.01. Authorization. The City’s bonds to be designated “City of Irving, Texas, General Obligation Bonds, Series 2008,” are hereby authorized to be issued and delivered in accordance with Tex. Const. art. XI, Sec. 5 and Chapter 1331, Texas Government Code, as amended, and Article VII, Sec. 1 of the Charter of the City. The Bonds shall be issued in the aggregate principal amount of $32,725,000, for the purpose of providing funds to pay the costs of issuing the Bonds and to make the following permanent public improvements authorized in the following amounts: (i) $14,520,000 for engineering, constructing, reconstructing, improving, repairing, developing, extending and expanding streets, thoroughfares, grade separations, sidewalks and other public ways of the City, including necessary and related storm drainage facilities and improvements, intersection capacity improvements, signalization, traffic management and emergency vehicle preemption system and other traffic controls, street lighting, and the acquisition of any needed rights-of-way therefore (1999 Authorization); $4,520,000 for engineering, constructing, reconstructing, improving, repairing, developing, extending and expanding streets, thoroughfares, grade separations, sidewalks and other public ways of the City, including necessary and related storm drainage facilities and improvements, intersection capacity improvements, signalization, landscaping, streetscape, railroad quiet zone traffic controls, traffic management and emergency vehicle preemption system and other traffic controls, street lighting, and the acquisition of land therefore (2006 Authorization), (ii) $600,000 for acquiring and improving land for park and recreational purposes, including designing, constructing, expanding, equipping and furnishing a senior citizens’ center and pool, aquatics center, soccer complex, development of parks and trails, and erosion control (1999 Authorization); $2,825,000 for acquiring and improving land for park and recreational purposes, including designing, constructing, expanding, equipping and furnishing aquatics facilities, development of parks and trails, improvements at the Twin Wells golf course, and erosion control (2006 Authorization), (iii) $4,000,000 for designing, acquiring, improving, constructing, renovating, equipping and furnishing animal shelter facilities, including the acquisition of land therefore (2006 Authorization), (iv) $1,580,000 designing, constructing, improving, renovating, expanding, equipping, and furnishing libraries and related facilities, including the acquisition of land therefor, (1999 Authorization); $1,245,000 for designing, constructing, reconstructing, improving, renovating, expanding, equipping, and furnishing public safety facilities, including fire station facilities, police and fire training facilities and administrative facilities, including the acquisition of land therefor; and replacing and acquiring fire fighting and emergency vehicles, equipment and apparatus (2006 Authorization), (v) $2,500,000 for designing, constructing, improving, renovating, expanding, equipping, and furnishing a veterans memorial park facility (2006 Authorization), and (vi) $935,000 for acquiring, constructing, improving, expanding and equipping a sanitary landfill and related sanitation facilities of the City (1987 Authorization). Section 4.

Effective Date. This Ordinance shall take effect immediately upon its approval.

[Execution Page Follows]

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APPROVED AND ADOPTED this _____ day of September, 2009.

____________________________ Mayor, City of Irving, Texas ATTEST:

___________________________________ City Secretary City of Irving, Texas APPROVED AS TO FORM:

___________________________________ City Attorney City of Irving, Texas

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: Budget & Compensation

DOC ID: 2884 LSR No:

Ordinance -- Budget Adjustment to the 2008-09 Fiscal Year Budget Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Budget Adjustments are needed in the following funds: General Fund, Compensated Absences Fund, General Fund Non-Bond Capital Improvement Program Fund, Texas Stadium Venue Project Fund, Texas Stadium Venue Debt Service, Water Improvement Bond Fund, Water and Sewer Non-Bond Capital Improvement Fund, Municipal Court Technology Fund, Heritage Senior Center, Six Sigma Fund, Entertainment Venue Fund, Convention Center Complex Fund, Red Light Camera Fund, Community Development Block Grant – Recovery, Neighborhood Stabilization Program 1, Homelessness Prevention and Rapid ReHousing Program Grant – Federal, Emergency Shelter Grant – State, Fire Bond Fund, Library Bond Fund. 3. This is budget adjustment number 4, staff is on target to meet the goal of less than six adjustments per year. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required:

Review Completed By:

Previous Action:

Council Action:

. The comments for internal staff need to go here. This field will not be posted on the long agenda. Please use Arial Font 12. If no comments are typed in, please leave this row blank. ATTACHMENTS: •

Sept 24 Bud Adj Summ (PDF)

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 8/24/2009 09:21 AM by Jennifer Dwyer Last Updated: 9/18/2009 04:16 PM by Jennifer Dwyer

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ORDINANCE NO. (ID # 2884)

AN ORDINANCE AMENDING ORDINANCE NO. 2008-8986 PROVIDING FOR BUDGETARY ADJUSTMENT AND TRANSFERS TO THE 2008-2009 CITY OF IRVING GENERAL FUND BUDGET, COMPENSATED ABSENCES FUND BUDGET, GENERAL FUND NON-BOND CAPITAL IMPROVEMENT PROGRAM FUND BUDGET, TEXAS STADIUM VENUE PROJECT FUND BUDGET, TEXAS STADIUM VENUE DEBT SERVICE FUND BUDGET, WATER IMPROVEMENT BOND FUND BUDGET, WATER AND SEWER NON-BOND CAPITAL IMPROVEMENT PROGRAM FUND BUDGET, MUNICIPAL COURT TECHNOLOGY FUND BUDGET, HERITAGE SENIOR CENTER FUND BUDGET, SIX SIGMA FUND BUDGET, ENTERTAINMENT VENUE FUND BUDGET, CONVENTION CENTER COMPLEX FUND BUDGET, RED LIGHT CAMERA FUND BUDGET, COMMUNITY DEVELOPMENT BLOCK GRANT – RECOVERY FUND BUDGET, NEIGHBORHOOD STABILIZATION PROGRAM 1 FUND BUDGET, HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM GRANT – FEDERAL FUND BUDGET, EMERGENCY SHELTER GRANT – STATE FUND BUDGET, FIRE BOND FUND BUDGET, AND LIBRARY BOND FUND BUDGET. WHEREAS, the City Council finds unusual and unforeseen conditions exist which requires amendment of the 2008-2009 City of Irving Budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. That City of Irving Ordinance No. 2008-8986 (2008-2009 Budget Ordinance) is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 2. That true copies of said budget amendment as approved and adopted shall be filed in the Office of the County Clerk of Dallas County, Texas. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009.

________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney -1Packet Pg. 288

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-2Packet Pg. 289

33.a

To:

Tommy Gonzalez, City Manager

From:

Bret Starr, Budget Administrator

cc:

Max Duplant, Chief Financial Officer

Date:

September 9, 2009

Subject:

BUDGET ADJUSTMENTS FY 2008-2009 SEPTEMBER 24- ADJUSTMENT #4 AGENDA ITEM

Attached is a schedule that provides the detail for Budget Adjustment #4. Upon City Council approval, the FY 2008-09 budget will be adjusted to reflect these changes:

Item

Strategic Goal Action

Revenue Fund Balance Effect

Expenditure Fund Balance Effect

Net Reserve Effect

Fund

1

8

Allocation of savings

$

-

$

-

$

2

4

Fire Department Overtime

$

-

$

591,699

$

3

7

$

9,270

$

9,270

$

-

General Fund

4

7

$

17,560

$

17,560

$

-

General Fund

5

8

$

750,000

$

750,000

$

-

6

3

Reimbursement of maintenance agreement for SH 114 Corridor Reimbursement for stolen property at Fritz Service Center Fund Compensated Absences Film Industry Incentive Policy

$

200,000

$

200,000

$

-

Compensated Absences Fund General Fund Non-Bond CIP Fund

To fund Compensated Absences Fund for additional increases for fiscal year from current year savings. To fund film industry incentive police from current year savings.

7

7

$

180,000

$

180,000

$

-

8

4

Funding for purchase of Paine House Purchase of Fire Department Equipment

$

348,532

$

348,532

$

-

General Fund Non-Bond CIP Fund General Fund Non-Bond CIP Fund

To provide funding for purchase of Paine House to be used as historic landmark in Irving. To provide funding for purchase of Fire Department equipment : ambulance supplies ($30,612), tool inventory ($278,420), tablet computers ($21,000), engine AC/heater units ($7,500) and fire extinguisher training system ($11,000).

9

4

Lease-purchase of fire apparatus

$

2,660,000

$

2,660,000

$

-

General Fund Non-Bond CIP Fund

To establish revenue and expenditure budget for the lease purchase of fire apparatus to include an Engine ($860,000), Heavy Rescue Truck ($600,000) and two Pumpers ($1,200,000) for FY 2009-10.

10

9

Valley Ranch Streetlighting

$

250,000

$

250,000

$

-

General Fund Non-Bond CIP Fund

To fund additional lighting in Valley Ranch.

11

3

Adjust Texas Stadium Venue Project Fund

$

-

$

934,476

$

11

3

Adjust Texas Stadium Venue Project Fund

$

934,476

$

-

$

934,476

12

9

Grauwyler - Carl to SH Loop 12 Project

$

-

$

$

12

9

Grauwyler - Carl to SH Loop 12 Project

$

26,356

$

-

$

13

4

Reimbursement for APS Expansion to Patrol Cars

$

-

$

21,957

$

(26,356)

-

General Fund

Explanation

(591,699) General Fund

To allocate savings realized from process improvements and efficiencies to fund projects identified at Budget Retreat and to adjust budgets to match projected expenditures. To fund overtime expenditures for unbudgeted events such as special events, vacancies, training, retirement and sick leave. To fund reimbursement of funds for maintenance agreement between Las Colinas Association and City of Irving related to maintenance expenditures for SH 114 Corridor. To fund reimbursement of funds for theft at Fritz Service Center.

(934,476) Texas Stadium Venue Project Fund

To reimburse Texas Stadium Venue Project Fund for transfer to cover debt service payment.

Texas Stadium Venue Debt Service

To reimburse Texas Stadium Venue Project Fund for transfer to cover debt service payment.

26,356

Water Improvement Bond Fund

To reallocate excess funds from Grand Prairie to correct project.

26,356

Water and Sewer NonBond CIP Fund

To reallocate excess funds from Grand Prairie to correct project.

(21,957) Municipal Court Technology Fund

Attachment: Sept 24 Bud Adj Summ (2884 : 12 Budget Adjustment)

City of Irving Management and Budget Memorandum

To provide funding for reimbursement related to APS software expansion to patrol cars not included in FY 08-09 adopted budget.

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33.a Revenue Fund Balance Effect

Expenditure Fund Balance Effect

Net Reserve Effect

Fund

14

7

Program Funding at Heritage Senior Center

$

-

$

5,000

$

15

8

Adjust Six Sigma transfers and expenditures

$

700,000

$

700,000

$

-

16

3

Munsch Hardt Kopf & Harr adjustment

$

65,572

$

-

$

65,572

16

3

Munsch Hardt Kopf & Harr adjustment

$

-

$

65,572

$

(65,572) Convention Center Complex Fund

To transfer funds related to Munsch Hardt Kopf & Harr to pay invoices per their correct legal authorization.

17

4

Red Light Camera Payroll adjustments

$

-

$

23,800

$

(23,800) Red Light Camera Fund

To provide funding for increased expenditures in personnel accounts.

18

2

Record receipts of Stimulus and Grant Funding

$

608,703

$

608,703

$

-

Community Development Block Grant - Recovery

To create revenue and expenditure budget for funding from Community Development Block Grant - Recovery.

$

2,940,000

$

2,940,000

$

-

$

930,680

$

930,680

$

-

Neighborhood Stabilization Program 1 Homelessness Prevention and Rapid Re-Housing Program Grant - Federal

To create revenue and expenditure budget for funding from Neighborhood Stabilization Program 1. To create revenue and expenditure budget for funding from Homeless Prevention and Rapid Re-Housing Program Grant Federal.

$

75,000

$

75,000

$

-

$

1,000,000

$

1,000,000

$

-

Emergency Shelter Grant State Homelessness Prevention and Rapid Re-Housing Program Grant - State

To create revenue and expenditure budget for funding from Emergency Shelter Grant - State. To create revenue and expenditure budget for funding from Homeless Prevention and Rapid Re-Housing Program Grant State.

19

BS/sp

To provide funding for additional programs and events implemented during FY 08-09 at Heritage Senior Center.

Six Sigma Fund

To adjust revenue and expenditure line items in Six Sigma Fund for adjustments made during the fiscal year.

Entertainment Venue Fund

To transfer funds related to Munsch Hardt Kopf & Harr to pay invoices per their correct legal authorization.

4

Reallocation of Fire Bond funds to Library Bond Fund

$

(3,835,000)

$

(3,835,000)

$

-

Fire Bond Fund

To reallocate funding delayed for construction of Fire Station #4 to Library Bond Fund for the West Branch Library project.

7

Reallocation of Fire Bond funds to Library Bond Fund

$

3,835,000

$

3,835,000

$

-

Library Bond Fund

To reallocate funding delayed for construction of Fire Station #4 to Library Bond Fund for the West Branch Library project.

Bret Starr Budget Administrator Attachments

(5,000) Heritage Senior Center

Explanation

Attachment: Sept 24 Bud Adj Summ (2884 : 12 Budget Adjustment)

Item

Strategic Goal Action

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AGENDA ITEM SUMMARY Meeting: 9/24/2009 Recommending Department: City Secretary’s Office

DOC ID: 2927 LSR No: N/A

Resolution -- Appointments to the Dallas County Utility and Reclamation District to Fill Two Four-Year Terms Expiring October 2013 Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: This board assures that the canals and lakes in the Las Colinas Urban area are maintained and flooding does not occur. 3. DCURD General Manager Jacky Knox has submitted a letter requesting the reappointment of Robert Power and Charles Cotton to serve four-year terms expiring October 2013. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: N/A Council Action: N/A

. CURRENT YEAR FINANCIAL IMPACT: None REVISION INFORMATION: Prepared: 9/11/2009 09:42 AM by Jennifer Dwyer Last Updated: 9/18/2009 11:09 AM by Jennifer Dwyer

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2927)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the following individuals be and are hereby reappointed as members of the Dallas County Utility and Reclamation District Board of Directors: Robert Power Charles Cotten said terms of office expiring October 2013. As a result of the appointments heretofore stated, the Dallas County Utility and Reclamation District Board of Directors is represented by the following: Term Expiration Steve Bronner Jeff Courtwright Danny Optiz Robert Power Charles Cotton

SECTION II.

October 2011 October 2011 October 2011 October 2013 October 2013

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on September 24, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Citizens’ Forum, September 3, 2009

RESIDENT

Prepared by: Susan Rose/Community Outreach Manager

CONCERN

ACTION TAKEN

Charles Cheeks 115 S. MacArthur Blvd. Irving, Texas 75060 (972) 253-9270

Addressed the Mayor and City Council regarding the No action needed. safety of Irving’s bicycle population.

Mary Chapin 1013 N. Sleepy Hollow Drive Irving, Texas 75061 (972) 254-6049

Addressed the Mayor and City Council concerning code enforcement and city initiatives.

No action needed.

STAFF ASSIGNED