IrvingCC Packet 2009-12-03

FINAL AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, DECEMBER 3, 2009

COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
~
11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, DECEMBER 2, 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
Pastor Andrew Jackson, West Irving Church of God in Christ

Pledge Of Allegiance
Proclamations And Announcements
Announcements And Recognitions
Public Hearing: Items 1 through 76
THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
City Council Agenda 12/3/2009 1

CITY COUNCIL AGENDA
1 City Manager’s Strategic Plan Update
Project Status Report - December
CONSENT AGENDA
Items 2 - 61
2 Approving Minutes for Wednesday, November 4, 2009
3 Approving Minutes for Thursday, November 5, 2009
4 Resolution -- Destruction of Obsolete Records in Accordance with the City

of Irving’s Records Management Policy
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all records destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 90.5 cubic feet of records for Police Training Academy
and Parks & Building Maintenance Department.
Recommendation
The resolution be approved.
5 Resolution -- Approving a Texas Traffic Safety Program Grant Agreement

Between the City of Irving and the State of Texas, Acting by and through
the Texas Department of Transportation, for a Selective Traffic
Enforcement Program (STEP) Grant for Holiday DWI Enforcement
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: This grant will provide overtime expenses to decrease impaired driving and
alcohol-related crashes during the holiday season from December 18, 2009,
through January 3, 2010.
3. The STEP grant is reimbursable up to $16,974.00 with a cash match from the City
in the amount of $5,683.31.
Recommendation

6 Resolution -- Authorizing the Mayor to Approve a Satellite Office Lease
Agreement
2. Impact: The use of a satellite office for Special Investigations personnel is
necessary in order to maintain anonymity.
3. The lease is for a period of 67 months beginning January 1, 2010.
4. The monthly lease amount is $4,000.00.
5. Funding in the amount of $48,000.00 is available in the Seized Narcotics Fund
Fund.
Recommendation
7 Resolution -- Approving the Request to Negotiate a Professional Services

Contract with Baird, Hampton, & Brown, Inc., for Engineering Consulting
for Generator Equipment at the Criminal Justice Center
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 9:
Infrastructure Network.
2. Impact: This consulting group will provide high quality engineering design,
procurement, and installation services for power generating equipment at the
Criminal Justice Center which will insure continuity of services in the event of an
emergency.
Recommendation

8 Resolution -- Approving the City of Irving Annual Investment Policy
2. Impact: The approval of the investment policy will be in accordance with state law
and allow staff to continue to safely maximize earnings for the City.
3. State law and the City of Irving Investment Policy require annual review by the City
Council.
4. In accordance with state law, a listing of authorized brokers and investment training
providers has been provided to Council.
5. The last Council review was November 6, 2008.
6. There are no changes to the policy proposed.
Recommendation
9 Resolution -- Approving the Training Agreement Between the City of Irving

and The Bartlett Alliance
2. Impact: This contract compliments the existing Irving University training program by
providing focus on training aligned with the organizations’ philosophy and culture.
Class topics were identified by the city’s internal training committee.
3. Approximately 3,500 participants will receive training through this contract. In the
past two years the city has developed a high quality training program that is
strategically aligned and targets training needs. Through this process, the training
cost per participant has been reduced by approximately 55%.
4. Funding in the amount not to exceed $90,000.00 for the period January 1, 2010, to
September 30, 2010, and in an amount not to exceed $30,000 for the period
October 1, 2010, to December 31, 2010, is available in the General Fund, subject to
funds being appropriated in Fiscal Year 2010-11.
Recommendation

10 Resolution -- Approving an Amendment to the Group Health Benefit Plan
for Employees and Retirees of the City of Irving and Authorizing the Mayor
to Execute any Necessary Documents Related to the Amendment
1. This item supports Strategic Goal No. 8: Sound Governance
2. Impact: Approval of this amendment to the health plan document incorporates
service and fitness incentives as methods of reducing retiree premium costs and
reduces future costs by more than $18 million over 15 years.
3. Retirees and spouses who attain age 65 on or after January 1, 2010, will have
Medicare or Medicare Advantage, and are no longer eligible for city insurance.
4. Employees hired on or after January 1, 2010, must be age 55 and have at least 10
years of continuous Irving service to be eligible for the health insurance fixed
subsidy.
5. Employees who retiree on or after January 1, 2012, will receive fixed premium
credits based on their City of Irving continuous service and earn fitness premium
incentive credit based on their physical fitness or biometrics and wellness scores.
Recommendation
11 Resolution -- Approving Settlement of a Lawsuit with Chenequa S. Bibles,

et al.
2. Impact: The Settlement Agreement, if authorized, would resolve the lawsuit.
3. This case was mediated on November 9, 2009.
4. The proposed settlement was reviewed and recommended by the City of Irving
Claims Board.
Recommendation

12 Resolution -- Approving an Engineering Services Agreement with Alpha
Testing for the Annual Geotechnical Engineering and Construction
Materials Testing and Inspection Contract
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This agreement provides testing during construction operations for
installation of infrastructure facilities for new subdivisions and capital improvement
projects.
3. On September 24, 2009, Council authorized staff to negotiate with the firms of
CTL/Thompson Texas, LLC and Alpha Testing for the annual geotechnical and
construction materials testing contract.
4. The City has entered into a non-traditional method of choosing two firms. The
objective was to create competition between the firms to provide the best customer
service available within the area marketplace.
5. Minority- and/or Women-owned Business (M/WBE) participation on this award is
40%.
6. The funding for the testing will be included in each project’s bid.
Recommendation

13 Resolution -- Approving an Engineering Services Agreement with
CTL/Thompson Texas, LLC for the Annual Geotechnical Engineering and
Construction Materials Testing and Inspection Contract
projects.
35%.
6. Funding for the testing is included in each project’s bid.
Recommendation

14 Resolution -- Awarding a Contract to JDK Associates, Inc., for Campion
Trails Extension - Twin Wells Park to Trinity View Park Project
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: This contract extends Campion Trails 1.5 miles north from Twin Wells Park
into Trinity View Park for a total of 3.5 miles of primary trail in the Southern Section
of Campion Trail.
3. This project includes 7,145 linear feet of 12’ wide concrete primary trail, one (1) 90
linear foot pedestrian bridge, five (5) low flow pedestrian crossings, four (4) paver
crosswalks, park benches, and trash receptacles.
4. Bids were received from thirteen (13) bidders with the lowest responsive and
responsible bidder being JDK Associates, Inc., with a base bid amount of
$895,180.61.
5. Staff recommends increasing bid items #3 and #4 to provide an additional 550
linear feet of primary trail in Trinity View Park to extend the primary trail to the park’s
north property line for $25,268.20.
6. Staff recommends accepting Add Alternate A-1 to replace 2,750 linear feet of
broken asphalt along the Singleton Road right-of-way with 5” thick concrete to
match the rest of the primary trail for $118,552.50.
7. Staff recommends award of the base bid, increase in the amount of bid items #3
and #4, and Add Alternate A-1, for a total amount of $1,039,001.31 to JDK
Associates, Inc., which is $460,998.69 under budget.
8. This project is fully funded through a grant from the Dallas County Trail and
Preserve Program.
9. Funding in the amount of $1,039,001.31 is available in the Park Improvement Bond
Fund.
Recommendation

15 Resolution -- Approving a Discretionary Service Agreement Between the
City of Irving and Oncor Electric Delivery Company, LLC, for the
Undergrounding of Overhead Electric Facilities at the Irving Arts Center
1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,
No. 3: Economic Development, and No. 9: Infrastructure.
2. Impact: The undergrounding of electric facilities at the Irving Arts Center will
provide for a more reliable power source in inclement weather, and will enhance
visual appearance by eliminating pole clutter and the need for future tree trimming.
3. Funding in the amount of $235,448.53 is available in the Non-Bond CIP Fund.
Recommendation
16 Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Verizon for the Undergrounding of Overhead
Telecommunication Facilities at the Irving Arts Center
1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant Neighborhoods,
2. Impact: The undergrounding of telecommunication facilities at the Irving Arts
Center will provide for a more reliable telecommunication source in inclement
weather, and will enhance visual appearance by eliminating pole clutter and the
need for future tree trimming.
Recommendation

17 Resolution -- Annulling the Contract with ForceCon Services, LLC and
Awarding a Contract to Concrete Paver Systems for MacArthur Boulevard
Lighting Infrastructure, Median, and Landscape Improvements - Metker
Street to Northgate Drive Project
1. This item supports Strategic Goal No. 9: Infrastructure and No. 10: Environmentally
Sustainable Community.
2. Impact: These improvements enhance the visual appearance and infrastructure
reliability along the MacArthur corridor.
3. ForceCon Services, LLC was awarded this contract by City Council on November 5,
2009, however, the contractor failed to provide the necessary bonds within the time
stipulated in the terms of the city’s standard contract.
4. The Capital Improvement Program team recommends annulling the award to
ForceCon Services, LLC and awarding the contract to Concrete Paver Systems, the
next lowest responsive bidder in the amount of $437,150.00. An additional
$4,400.00 is needed for testing, bringing the total cost of the project to $441,550.00.
5. This award to the next lowest responsive bidder establishes a contractor to install
the necessary conduit to allow for utility service lines to be relocated underground.
6. Minority- and/or Women-owned Business (M/WBE) participation in this award is
8%.
7. Funding in the amount of $441,550.00 is available in the Street Improvement Bond
Fund.
Recommendation

18 Resolution -- Annulling a Contract with ForceCon Services, LLC and
Awarding a Contract to Mid-America Texas, Inc., for the Sub-Surface Utility
Exploration (Potholing) Annual Contract
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This annual contract is utilized to locate existing underground facilities
related to proposed Capital Improvement Program projects.
ForceCon Services, LLC and awarding the contract to Mid-America Texas, Inc., the
second best value for the services proposed.
5. This contract will expire on December 2, 2010, and is eligible for a one-year
renewal.
6. Funding will be provided from various budgeted maintenance or construction project
accounts on an as needed basis.
Recommendation
19 Resolution -- Approving Emergency Repairs to Dry Branch (Irving Mall

Drainage Channel)
2. Impact: The Dry Branch concrete channel lining upstream of the Irving Mall was
deteriorating quickly and had to be stabilized. If quick and decisive action had not
been taken, this large amount of broken concrete lining could have been swept
downstream under an existing mall bridge, under the Irving Mall, and under SH 183
and could have created extensive damage.
3. This emergency project includes removing and replacing 1,124 square yards of
collapsed concrete channel lining together with all associated appurtenances to
complete the project at the concrete drainage channel on the north side of Irving
Mall.
4. Three quotes were received, with V.A. Construction, Inc., being the lowest bid.
5. Minority- and/or Women-owned Business (M/WBE) participation is 100%.
6. Funding in the amount of $131,783.56 is available in the Municipal Drainage Utility
Fund.
Recommendation

20 Resolution -- Approving Change Order No. 1 to EMJ Corporation for West
Irving Aquatic Center Project
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: The addition of this second slide flume will provide additional
recreational opportunities at the aquatic center.
3. This change order creates a cost savings of $86,200.00. Change Order No. 1
provides for the installation of a second slide flume and pump system to include
all materials, parts, and labor for complete installation of the second slide flume
at the West Irving Aquatic Center. Bid Alternate No. 4 of the original bid
provided for a second slide flume and pump at a cost of $176,200.00. This
alternate was not accepted.
4. Funding in the amount of $90,000.00 is available in the Park Improvement Bond
Fund.
Recommendation
21 Resolution -- Authorizing the Mayor to Execute an Agreement with Oncor

Electric Delivery Company LLC, for Las Colinas Underground Duct Bank
Utilities
2. Impact: This agreement will allow the cooperative completion of the Las Colinas
underground project and the commitment to maintain this standard.
3. The City of Irving will contract for the installation the duct bank. Oncor will install
wires and appurtenances.
4. This contracting method saved in excess of $2.0 million by minimizing taxes and
administration fees.
5. Funding will be brought forward with each separate project.
Recommendation

22 Resolution -- Authorizing the Mayor to Execute a Memorandum of
Understanding with the Las Colinas Association For Burying Overhead
Utilities in Las Colinas
2. Impact: This Memorandum of Understanding allows cost participation (35%) of the
Las Colinas Association in the cooperative completion of the Las Colinas area utility
undergrounding project.
3. No Funding required.
Recommendation
23 Resolution -- Authorizing the Mayor to Execute an Agreement with Hines

Las Colinas Land Limited Partnership for the Design, Construction, and
Installation of Underground Utilities Within the Project Area
2. Impact: This is a key element of the overall program to underground all utilities in
the Las Colinas area.
3. Hines Las Colinas Land Limited Partnership owns property adjacent to the
proposed duct bank system.
4. Hines Las Colinas Land Limited Partnership has agreed to pay 30% of the cost of
this project adjacent to their land.
5. No funding required.
Recommendation

24 Resolution -- Authorizing the Mayor to Execute an Advanced Funding
Agreement with the Texas Department of Transportation for Voluntary
Utility Relocation Contributions on State Highway Spur 348 at Las Colinas
Boulevard Project
2. Impact: The grade separation project will greatly enhance access to the Urban
Center and the Convention Center.
3. TxDOT is providing the construction funds for this roadway construction project.
4. These utility lines are located within TxDOT right-of-way, and the City is fully
responsible for the relocation.
3. Funding in the amount of $584,223.78 is available in the Sanitary Sewer Bond
Fund.
Recommendation
25 Resolution -- Authorizing the Mayor to Execute an Agreement with the

Texas Department of Transportation to Contribute Funds to Acquire Right
of Way and Adjust Utilities for Highway Project on State Highway Spur 348
at Las Colinas Boulevard
2. Impact: This project will greatly enhance access to the Urban Center and the
Irving Convention Center.
3. TxDOT is grade separating the intersection of Spur 348 and Las Colinas Boulevard.
4. Right-of-way and utility adjustments are required for the project and City
participation is required.
5. This project will begin construction in Spring 2010.
6. Funding in the amount of $250,000.00 is available in the Non Bond CIP Fund.
Recommendation

26 Resolution -- Authorizing the Mayor to Execute an Advanced Funding
Boulevard (Power Duct System)
2. Impact: This agreement allows the completion of the underground duct bank
system crossing Spur 348 with the TxDOT overpass project.
Fund.
Recommendation
27 Resolution -- Authorizing Mayor to Execute an Agreement with the Texas

Department of Transportation to Contribute Funds to Acquire Right of Way
and Adjust Utilities for Highway Project on State Highway 183 East of Loop
12
2. Impact: This agreement allows the final segment of right-of-way for the SH183
Project to be acquired.
3. TxDOT regulation requires the City to participate (10%) in the acquisition of right of
way for State Highways.
4. The acquisition of right of way will greatly enhance the likelihood of funding being
allocated for the ultimate construction.
Fund.
Recommendation

28 Resolution -- Authorizing the Mayor to Execute a Standard Utility
Agreement with the Texas Department of Transportation for State Highway
114 East of Rochelle Boulevard to West of Tom Braniff
2. Impact: This project supports the completion of the DART Orange Line through the
relocation of utilities for the SH114 Project.
3. The agreement provides for the reimbursement to the city of eligible utility relocation
expenses and the payment of required city participation.
4. Funding in the amount of $806,999.23 is available in the Sanitary Sewer Non Bond
CIP Fund.
Recommendation
29 Resolution -- Approving Change Order No. 1 to SH 114 and SH Loop 12

Utility Relocation Contributions to Relocate Water Line Seven
2. Impact: The relocation of this waterline allows construction of the highway
underpass necessary for completion of the DART Orange Line.
3. The waterline relocation was discovered during construction; the facility is fully
within TxDOT right-of-way.
4. The City of Irving is obligated to move this line at the request of TxDOT, as it is not
in a separate easement.
5. The contractor has agreed to include this work at bid prices which have been found
to be reasonable and comprehensive
6. Funding in the amount of $164,753.68 is available in the Water and Sewer Non
Bond CIP Fund.
Recommendation

30 Resolution -- Approving Change Order No. 2 to Eagle Contracting, L.P., for
the MacArthur Pump Station
2. Impact: This change order provides additional required work at the MacArthur
Pump Station. Contingency funding will be used and the project is still within the
original budget.
3. The major items on this change order include a cable tray substitution for
underground conduit, additional thrust restraints for the pumps, and a conversion of
the electrical power service allowance to available contingency.
4. Additional items include a credit for the heat tracing system for the generator,
additional cleanouts for a 4-inch drain line, modifications to the Tank No. 2 overflow
splash box, and an additional roof drain line at the Hackberry Pump Station.
5. The total amount of the change order is $183,642.26, which will be charged to the
existing contingency fund. After this change order, the contingency fund will have
an available balance of $346,352.24.
6. An additional 24 calendar days was added to bring the new contract time to 559
calendar days to account for the increased delivery time and additional work.
Recommendation
31 Resolution -- Approving an Agreement Between the City of Irving and

Heritage District, LLC for Consulting Services Related to the
Redevelopment of Downtown Irving
and No. 3: Economic Development.
2. Impact: This consulting agreement extends the City’s support of McDougal
Companies’ Heritage Crossing redevelopment efforts.
3. The agreement provides for a three-year extension of the annual retainer and
reimbursement of overhead and third party consultant expenses. The retainer and
reimbursable expenses are reduced over the three-year period and this is intended
to be the final consulting agreement between the parties. The agreement requires
the consultant to repay the City for reimbursed expenses as property is sold or
moved to construction financing.
4. Funding is available in the Economic Development Fund. Later fiscal years will be
subject to annual appropriation.
Recommendation

32 Resolution -- Approving a Chapter 380 Economic Development Program
Agreement with Heritage District, LLC, to Facilitate Redevelopment of 501
and 502 West Second Street for the Heritage Crossing Project
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: This agreement provides funding for a critical property acquisition to
continue the momentum of the Heritage Crossing Project.
3. The property located at 501 and 502 W. Second Street is under contract to be
purchased by Heritage District, LLC. This property will be aggregated with
adjoining properties already owned by Heritage District, LLC, to create a larger site
that will be available for retail/restaurant uses. These two parcels are key to the
creation of a developable site.
4. The proposed agreement provides for the City to fund the purchase of the property
and demolition of the improvements (including all signage) with the city retaining a
first lien on the property. The grant will be repaid upon the first to occur of the
following:
• the properties are sold,
• the properties are rolled into construction financing, or
• upon the application for a building permit on the applicable parcel of land.
5. Funding for the current fiscal year in the amount of $1,000,000.00 is available in the
Economic Development Fund.
Recommendation
33 Resolution -- Approving First Amendment to a Chapter 380 Economic

Development Program Agreement with McDougal Family Partnership, Ltd.,
for the Delaware Project in Connection with Heritage Crossing
2. Impact: This amendment will facilitate property acquisition and continue momentum
of the Heritage Crossing Project.
3. This First Amendment modifies Exhibit “A” of the Agreement to delete the legal
description for Tract 8 and add legal descriptions for Tract 8R and Tract 9.
4. No additional funding is required.
Recommendation

34 Resolution -- Authorizing the Mayor to Execute Amendments to Amended
and Restated Entertainment Center Lease and Development Agreement
with Las Colinas Group, LP
2. Impact: Approval of amendments to the development agreement and lease will
provide additional funding, modify development deadlines and impose an
operational requirement on eight potential concession buildings within the
entertainment venue.
3. The proposed amendments to the entertainment center development agreement will
extend the City’s deadline for determining financing capacity to May 31, 2010, and
authorize payment of additional pre-development expenses in an amount not to
exceed $7,343,911.
4. The proposed amendments to the entertainment center lease agreement require
that operators of all buildings that are not a part of the performance hall building
operate those concessions so that food sales represent 60 percent of the total
gross sales of food and alcoholic beverages for the previous twelve months.
Failure to meet this requirement in two consecutive quarters will result in a fine of
$50,000 payable to the City.
5. Funding will be made available when the Chief Financial Officer certifies that
sufficient funds are available in the Entertainment Venue Fund.
Recommendation

35 Resolution -- Authorizing Negotiations Between the City of Irving and
Hunter Public Relations for Sponsorship of the Texas Stadium Implosion
1. This item supports Strategic Goals No. 3: Economic Development and No. 6:
Effective Communications.
2. Impact: The City will benefit by strategically promoting the implosion of Texas
Stadium by bringing media attention and awareness to the City.
3. City staff has been contacted by Hunter Public Relations on behalf of its client
(“Sponsor”) for sponsorship rights associated with the implosion of Texas Stadium
and seeks authority to enter into negotiations for specific promotional rights.
4. Financial considerations to be paid by Sponsor will be determined during the
negotiations and include at a minimum a fixed fee of $75,000 and a substantial
in-kind contribution to local charitable organizations.
5. City staff will coordinate discussions with Texas Stadium Corporation for their
participation in the promotional activities and event.
Recommendation

36 Resolution -- Authorizing Change Order No. 2 to Agreement Between the
City of Irving and SMG for Pre-Opening Management Services in
Connection with the Irving Convention Center and for Management
Services for a Five-Year Period for the Irving Convention Center
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
development of the Regional Activity District and Entertainment Center.
2. Impact: The contract impacts City of Irving residents, visitors and businesses by
providing professional management services for the convention center which will
generate additional visitor spending in Irving, thus generating additional community
revenues.
3. City Council Resolution No. 6-28-07-244 approved a contract between the City of
Irving and SMG for fees for pre-opening management services and management
services for the Irving Convention Center for a five-year period.
4. Change Order No. 2 is an administrative action needed to revise the original
documentation to now include finalized expenditures for facility preparation and
internal systems architecture costs, through December 31, 2010.
5. The ICVB Board Destination Development Committee reviewed and approved the
finalized expenditures for facility preparation and internal systems architecture costs
and presented their recommendation at the ICVB Board meeting on November 16,
2009, where it was unanimously approved.
6. Funding in the amount of $1,680,000.00 is available in the Convention Center Fund
and has previously been included in the Convention Center’s Owner Budget,
therefore this change order does not increase the overall total cost of the project.
Recommendation

Purchasing and Bid Items
37 - 53
37 Resolution -- Approving and Accepting the Bid of GT Distributors, Inc., for

an Annual Contract to Supply Tactical Ammunition
2. This item has been recommended by Police.
3. Impact: Purchase of this ammunition provides the City’s police officers with the
necessary supplies to conduct firearms training and qualification.
4. This award establishes a new annual contract to provide tactical ammunition.
5. Funding in the net estimated amount of $68,519.00 for the period of December 3,
2009, through September 30, 2010, is available in the General Fund.
Recommendation
38 Resolution -- Approving the Purchase from Metro Fire Apparatus

Specialists, Inc., for Tools and Equipment for the Urban Search and
Rescue (USAR) Truck through the State of Texas Local Government
Statewide Cooperative Purchasing Program Administered by the Texas
Association of School Boards (the BuyBoard Program)
2. This item has been recommended by Fire.
3. Impact: Fully equipping this truck will enable rescue workers to respond to disaster
situations and maintain safety to the highest degree.
4. Funding in the net amount of $105,227.00 is available in the Non-Bond CIP Fund.
Recommendation

39 Resolution -- Approving the Purchase from Metro Fire Apparatus
Specialists, Inc., for Fire Engines (Pumpers) through the Houston-
Galveston Area Council of Governments (H-GAC) Interlocal Cooperative
Purchasing Program
Environmentally Sustainable Community.
2. This item has been recommended by Fire and approved by Intergovernmental
Services.
3. Impact: Replacement pumpers will provide Fire with even more effective
equipment to improve performance, reduce energy costs, and improve air quality,
by having new energy efficient engines. This timely purchase avoids an estimated
$35,300.00 in unfunded 2010 EPA mandates.
4. These two 1,500 gallon per minute Crimson Fire Pumpers on Spartan Custom
Chassis are replacements for two 1999 pumpers, City Tags No. 05088 and
No. 05089, which are being retired in accordance with the City’s equipment
replacement policy.
5. Funding in the net amount of $1,058,512.00 is available in the Non Bond CIP Fund
through the use of a lease/purchase financing agreement.
Recommendation
40 Resolution -- Renewing Annual Contract with Office Depot to Provide

Office Supplies
1. This item supports Strategic Goal No. 8. Sound Governance.
2. This item has been recommended by Intergovernmental Services - Purchasing.
3. Impact: City staff will continue to conveniently purchase office supplies both on-line
and in store at significant savings, contributing to greater productivity and increasing
P-card rebates.
4. This renewal establishes the continuation of an annual contract to provide office
supplies. The original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $225,000.00 for the period of January 1,
2010, through September 30, 2010, and in the net estimated amount of $75,000.00
for the period of October 1, 2010, through December 31, 2010, is available in the
General Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation

41 Resolution -- Approving a Mutual Cooperative Purchasing Agreement
Between the City of Irving and the City of Rowlett
2. This item has been recommended by Intergovernmental Services – Purchasing.
3. Impact: Entering into this mutual cooperative purchasing agreement allows both
governmental entities to utilize each others contracts for various goods and services
for anticipated savings to each entity.
Recommendation
42 Resolution -- Approving and Accepting the Bids of Butler Animal Health

Supply LLC; IDEXX Distribution, Inc.; X-Ray Sales & Service Co.; and ISI
Commercial Refrigeration, Inc., for Equipment for the New Animal Care
Campus
1. This item supports Strategic Goals No. 8: Sound Governance.
2. This item has been recommended by Intergovernmental Services – Animal

Services and approved by Capital Improvement Program Team.
3. Impact: This state of the art veterinary equipment will allow Animal Services to
provide advanced medical care and treatment to animals at the new Irving Animal
Care Campus.
4. Some items included in this award are: a microscope, an x-ray machine, a blood
analyzer machine, grooming tubs, spray units, a surgical table, surgical ceiling
lights, scales, and dish machines.
5. Funding in the net amount of $159,623.00 is available in the Animal Shelter
Construction Bond Fund.
Vendor Item(s) Award
Butler Animal Health Supply LLC 1-10 and 12 $ 24,533.00
IDEXX Distribution, Inc. 11 and 14 $ 41,190.00
X-Ray Sales & Service Co. 13 $ 43,800.00
ISI Commercial Refrigeration, Inc. 15 $ 50,100.00
Total Amount $159,623.00
Recommendation

43 Resolution -- Renewing the Annual Contract with Intelight, Inc., for
Advanced Traffic Signal Controllers
2. This item has been recommended by Public Works & Transportation – Traffic
Operations.
3. Impact: The City will be securing newly upgraded controllers and central
processing units (CPUs) at the same price as originally awarded units. These items
will continue to reduce traffic congestion and accidents.
4. This renewal establishes the continuation of an annual contract to provide
controllers, CPUs, and power supplies to be used by our Traffic Operations staff.
The original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $47,600.00 for the period of February 1,
for the period of October 1, 2010, through January 31, 2011, is available in the
Street Improvement Bond Fund, subject to funds being appropriated in Fiscal Year
2010-11.
Recommendation
44 Resolution -- Approving and Accepting the Bid of Structural & Steel

Products, Inc., for an Annual Contract to Supply Standard Dark Bronze
Signal Pole Assemblies
Operations.
3. Impact: The dark bronze color signal poles will improve the visual appearance of
all corridors, Urban Center, and Heritage District, while maintaining functionality for
traffic flow.
4. This award establishes a new annual contract for providing standard dark bronze
signal pole assemblies.
2010-11.
Recommendation

45 Resolution -- Approving and Accepting the Bid of Consolidated Traffic
Controls, Inc., for an Annual Contract to Supply Vehicle Traffic Signal
Heads and Pedestrian Signal Heads
Operations.
3. Impact: Keeping vehicle traffic signal and pedestrian signal heads maintained and
operating efficiently will continue to reduce traffic congestion and accidents.
4. This award establishes an annual contract for the continuation of providing vehicle
traffic signal heads, pedestrian signal heads, and associated hardware.
2010-11.
Recommendation
46 Resolution -- Approving the Purchase from Holt Cat for a Front End Loader
through the State of Texas Local Government Statewide Cooperative
Purchasing Program Administered by the Texas Association of School
Boards (the BuyBoard Program)
2. This item has been recommended by Water Utilities and approved by
Intergovernmental Services.
3. Impact: The purchase of this front end loader allows crews to work in tight work
areas safely, and supports the water and wastewater repair efforts to ensure
superior water quality and reliable wastewater collection.
4. This is a budgeted replacement for City Tag #32102, a 1999 Hyundai loader, which
is being retired in accordance with the City’s equipment replacement policy.
5. Funding in the net amount of $116,724.00 is available in the Equipment
Replacement Fund.
Recommendation

47 Resolution -- Approving the Purchase from Interstate Trailers, Inc., for
Heavy Equipment Trailers through the State of Texas Local Government
2. This item has been recommended by Water Utilities.
3. Impact: These replacements will provide greater safety and security for the Water
Utilities crews.
4. This purchase replaces two trailers bought sixteen years ago, City Tags No. 53805
and No. 53806, and another one bought eighteen years ago, City Tag No. 19772.
All three trailers are being replaced as these three trailers have extensive wear and
pose a safety hazard.
5. Funding in the net amount of $57,060.00 is available in the Water and Sewer
System Fund.
Recommendation
48 Resolution -- Approving the Purchase from Vermeer of Texas for Two

Trailer Mounted Vacuum Systems through the State of Texas Local
Government Statewide Cooperative Purchasing Program Administered by
the Texas Association of School Boards (the BuyBoard Program)
3. Impact: This purchase will provide an additional trailer enabling repair crews to
provide exceptional service by responding to service calls more quickly and
efficiently.
4. These trailers will be used for locating water and sewer lines, cleaning valve stacks
and meter boxes, and assisting in small excavations for repair.
System Fund.
Recommendation

49 Resolution -- Approving the Purchase from Pearpoint, Inc., for Two Mini
Mainline Camera Systems through the Houston-Galveston Area Council of
Governments (H-GAC) Interlocal Cooperative Purchasing Program
3. Impact: These cameras will improve efficiency of operations by enabling field
crews to more readily detect potential problems and correct them in a timely
manner.
4. These cameras will allow field crews to do 80-90% of their own televising work,
which will eliminate the need to have preventative maintenance crews pulled off of
normal duties.
System Fund.
Recommendation

50 Resolution -- Approving Purchases from Longhorn, Inc., Luber Bros.,
Professional Turf Products, and SIX & Mango Equipment LLP, for Mowing
Equipment through the State of Texas Local Government Statewide
Cooperative Purchasing Program Administered by the Texas Association
of School Boards (the BuyBoard Program)
1. This item supports Strategic Goal No. 1: Land Use.
2. This item has been recommended by Parks & Building Maintenance.

3. Impact: This equipment will enable Parks employees to improve the visual
impression of the community by continuing the maintenance of park properties,
City-owned properties, gateways, and corridors.
4. This purchase includes: Item 1, a 60-inch zero radius turning mower and recycler
kit; Item 2, a 72-inch slope mower; Item 3, a Groundsmaster 4100D with sunshade;
and Item 4, a utility vehicle.
5. Funding in the net amount of $113,754.07 is available in the General Fund.
Longhorn, Inc. 1 $ 13,570.00
Luber Bros. 2 $ 37,720.75
Professional Turf Products 3 $ 48,806.32
Six & Mango Equipment LLP 4 $ 13,657.00
Recommendation

51 Resolution -- Approving the Single Source Annual Contract to TRW, LP, for
the Installation of Stone Masonry Compression Walls
1. This item supports Strategic Goals No. 2: Vibrant Neighborhoods, 8: Sound
Governance and No. 9: Infrastructure Network.
2. This item has been recommended by the Capital Improvement Program Team.
3. Impact: The use of stone masonry compression walls will provide attractive,
standardized screening walls throughout the City and will result in a savings of
approximately 40 percent over the installation of typical concrete block with stone
veneer screen walls.
4. This award establishes a new annual contract for providing materials and
installation of stone masonry compression walls for various projects throughout the
City.
5. Funding in the net estimated amount of $500,000.00 for the period of October 1,
2009, through September 30, 2010; in the net estimated amount of $500,000.00 for
the period of October 1, 2010, through September 30, 2011; and in the net
estimated amount of $500,000.00 for the period of October 1, 2011, through
September 30, 2012, is available in the various funds, subject to funds being
appropriated in Fiscal Years 2010-11 and 2011-12.
Recommendation

52 Resolution -- Renewing the Annual Contracts with Aetna, CIGNA Dental
Health of Texas, Inc., and National Vision Administrators, L.L.C., for
Medical, Dental, and Vision Insurance for City Employees
2. This item has been recommended by Financial Services – Employee Benefits &
Wellness
3. Impact: The City will continue to provide options to employees for medical, dental
and vision insurance, and will pay a portion of the medical premiums consistent with
established City policy. The City does not contribute to the dental and vision
premiums.
4. Aetna has agreed to a 10% reduction in administrative fees, saving the City
$81,000.00. Dental premiums increase 3.5% for the dental HMO plan but do not
increase for the dental PPO plan. Premiums for vision care will also remain the
same.
5. Funding in the net estimated amount of $1,134,942.28 for the period of January 1,
2010, through September 30, 2010, and in the net estimated amount of
$378,314.00 for the period of October 1, 2010, through December 31, 2010, is
available in the Health Self Insurance Fund and the General Fund, subject to funds
being appropriated in Fiscal Year 2010-11.
FY09-10 FY10-11 Total Annual
Vendor Item(s) Est. Exp. Est. Exp. Est. Exp.
TPA, Medical, PBM,
Aetna $ 632,158.00 $210,719.00 $ 842,877.00
FSA/HSA Admin.
CIGNA Dental Health of Texas,
Dental Plans $ 442,233.00 $147,411.00 $ 589,644.00
Inc.
National Vision Administrators,
Vision $ 60,551.28 $ 20,184.00 $ 80,735.28
L.L.C.
Total Estimated Amount $1,134,942.28 $378,314.00 $1,513,256.28
Recommendation

53 Resolution -- Renewing the Single Source Software Maintenance
Agreement with Tiburon, Inc., for the Computer Aided Dispatch (CAD)
System
2. This item has been recommended by Information Technology and it is a
Maintenance/Support Task approved by the Technology Review Committee.
3. Impact: This agreement keeps the Police Department’s Tiburon’s CAD system
operating efficiently. Tiburon MobilCOM facilitates rapid, accurate communication
to the field and promotes safety of personnel, as well as enabling communication
with other agencies in a crisis situation.
4. This software supports dispatching and incident control for law enforcement in
single and multiple jurisdiction environments. Tiburon LawRECORDS is designed
as an integrated, modular solution, providing the foundation to fully automate law
enforcement operations from incident tracking to crime analysis and case
management to State reporting. Tiburon LawRECORDS supports records
processing from the entry of an event from dispatch through closing and
assignment of a final disposition.
5. Funding in the net amount of $157,026.00 for the period of January 1, 2010,
through December 31, 2010; in the net estimated amount of $164,877.30 for the
period of January 1, 2011, through December 31, 2011; and in the net estimated
amount of $173,121.17 for the period of January 1, 2012, through December 31,
2012, is available in the General Fund, subject to funds being appropriated in Fiscal
Years 2010-11 and 2011-12.
Recommendation
End of Bids

54 Ordinance -- Consider and Take Action on an Ordinance Authorizing the
Issuance of City of Irving, Texas, General Obligation Bonds, Tax-Exempt
Series 2010A, in an Aggregate Principal Amount that in Combination with
the Aggregate Principal Amount of the City of Irving General Obligation
Bonds, Taxable Series 2010B, Does Not Exceed $19,000,000; Providing for
the Award and Sale Thereof in Accordance with Specified Parameters;
Authorizing the Execution and Delivery of a Purchase Contract Relating to
Said Bonds; Authorizing the Execution and Delivery of a Paying
Agent/Registrar Agreement and a Disclosure Counsel Engagement Letter;
Approving the Official Statement; and Enacting Other Provisions Incident
and Relating to the Subject and Purposes of This Ordinance
2. Impact: Approval of the Ordinance will provide financing for an array of public
improvements including Streets, Parks, Library Services, and Economic
Development.
3. The Ordinance provides General Obligation Bonds in an amount not to exceed
$19,000,000 for permanent public improvements.
4. The Series 2010A bonds are tax-exempt General Obligation Bonds that when
combined with the Series 2010B General Obligation Bonds cannot exceed
$19,000,000.
4. If approved, funding from the sale should be received in the early 2010.
Recommendation
The ordinance be adopted.

Issuance of City of Irving, Texas, General Obligation Bonds, Series 2010B,
in an Aggregate Principal Amount that in Combination with the Aggregate
Principal Amount of the City of Irving General Obligation Bonds, Tax-
Exempt Series 2010A Does Not Exceed $19,000,000; Providing for the
Award of the Sale Thereof in Accordance with Specified Parameters;
2. Impact: Approval of the Ordinance will provide financing for public improvements
including Streets, Parks, Library Services, and Economic Development.
3. The Ordinance provides for the issuance of General Obligation Bonds Series 2010B
for permanent public improvements.
4. Series 2010B will be designated as Build America Bonds (BAB) and which when
combined with the Series 2010A cannot exceed $19,000,000.
5. The interest on the BAB’s is taxable to the bond holders but entitles the City Council
to apply for and receive and annual cash subsidy payment from the United States
Treasury equal to 35% of the interest payable on the bonds.
Recommendation

Issuance and Sale of City of Irving, Texas, Municipal Drainage Utility
System Revenue Bonds, Series 2010 in an Aggregate Principal Amount
Not to Exceed $2,500,000; Providing for the Award of the Sale Thereof in
Accordance with Specified Parameters; Providing for the Security and
Payment of Said Bonds; Approving the Official Statement; Approving
Execution and Delivery of a Bond Purchase Agreement, a Paying
Agent/Registrar Agreement and a Disclosure Counsel Agreement Letter;
and Enacting Other Provisions Relating Thereto
2. Impact: Approval of the Ordinance will provide financing for the Lake Carolyn wall
reclamation which is a key component to the Water Street development.
3. The Ordinance provides funding in the amount of $2,000,000 for permanent public
improvements. If approved, funding from the sale should be received in early 2010
Recommendation

57 Ordinance -- Amending the Irving Policy Statement on Local Economic
Development and Business Stimulation Incentives
2. Impact: This amendment will authorize the Mayor to approve corridor incentives
under $25,000.00 and create a targeted retail incentive policy designed to attract
and retain high quality retail and restaurant establishments.
3. Council requested incentives to address key development needs at their June
budget strategy session including corridor development incentives and retail
incentives.
4. Staff presented proposed revisions to the Economic Incentive Policy at the July 22,
2009 Audit and Finance Committee meeting and the August 6, 2009 Planning and
Development Committee meeting. In addition, the Chamber discussed the need for
incentives at the October 21, 2009 work session.
Targeted Retail
5. Targeted retailers and targeted locations will be designated by City Management.
6. The entity must have been in operation at least 5 years.
7. Incentive amounts will be upon sales tax.
8. A targeted retailer may qualify for a rebate up to 40% of their sales tax received by
the City. A targeted retailer locating or building in a targeted location may qualify
for a rebate of up to 60% of their sales tax received by the City of Irving. The
duration of retail incentives offered under this policy will not exceed 5 years.
Corridor Incentives
9. The Corridor Enhancement Incentive Program is created to encourage private
investment in private property at a time the adjacent corridor is receiving public
infrastructure improvements.
10.The incentives will assist businesses and commercial property owners to promote
business activity and restore and enhance their buildings and property.
11.Upon recommendation of the City Manager, the Mayor is authorized to execute an
agreement with the applicant.
12.Twice a year staff will provide the City Council with a report indicating the location,
description, amount of funding and current status of projects receiving this
incentive.
Recommendation

58 Ordinance -- Amending Chapter 8 of the City of Irving Code of Civil and
Criminal Ordinances and Land Development Code of Ordinances including
Adoption of 2006/2008 Editions of the Construction Codes and Regional
and Local Amendments
No. 3: Economic Development, Goal No. 4: Safe and Secure City, No. 8: Sound
Governance, and No. 10: Sustainable Community.
2. Impact: Approving these construction codes is necessary to maintain the city’s
I.S.O. (insurance) rating. Included is a permit fee increase indexed to the rate of
inflation from the date of the last increase. Updated codes promote public health,
building safety, and the general welfare of the residents, visitors and businesses of
Irving.
3. Changes to Chapter 8 include:
• 2006 International Building Code
• 2006 International Residential Code
• 2006 International Mechanical Code
• 2006 International Plumbing Code
• 2006 International Energy Conservation Code
• 2006 International Fuel Gas Code
• 2008 National Electrical Code
• Manufactured Home Community set-backs
• Indexing of fees to increase department cost recovery
4. In October 2, 2008, City Council re-adopted and amended the 2003 International
Codes and 2005 National Electrical Code as part of the Chapter 8 re-writes.
5. The bulk of the code amendments originated from the North Central Texas Council
of Governments code review committees.
6. This item was presented to the Planning & Development Committee on August 6,
2009.
7. The Construction Board reviewed the proposed codes and amendments on August
27, 2009 and recommends their adoption to the City Council.
Recommendation

59 Ordinance -- Amending Chapter 17 of the City of Irving Land Development
Code of Ordinances Including the Adoption of the 2006 International Fire
Code and Regional and Local Amendments
1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant
Neighborhoods, No. 3: Economic Development, No. 4: Safe and Secure City, No. 8:
Sound Governance, and No. 10: Sustainable Community.
I.S.O. (insurance) rating. Updated codes promote public health, building safety,
and the general welfare of the residents, visitors and businesses of Irving. There will
be no significant impact that will result in the change from the 2003 International
Fire Code to the 2006 International Fire Code.
3. Changes to Chapter 17 adopt the 2006 International Fire Code with amendments.
2009.
6. The Construction Board reviewed the proposed code and amendments on August
27, 2009, and recommends their adoption to the City Council.
Recommendation
60 Ordinance -- Amending Chapter 25 Entitled “Parks and Recreation” of the

Code of Civil and Criminal Ordinances of the City of Irving, Texas, by
Providing Duties and Responsibilities of the Parks and Recreation Board;
by Adding Article V. Tree Board and Providing for the Establishment,
Composition, Appointment of Officers, Terms of Office, Meetings, and
Duties and Responsibilities of Said Board; by Adding Article Vi. Tree Care
and Providing for the Care of Public Trees; and Providing for Severability
and an Effective Date
1. This item supports Strategic Goals No. 1: Land Use, No. 7: Cultural, Recreational
and Educational Environments and No. 10: Environmentally Sustainable
Community
2. Impact: This request will establish the Tree Board and define Tree Care within the
City of Irving which will serve to improve overall tree health and visual impression of
the community.
Recommendation

61 Ordinance -- Amending Subsections (B) and (C) of Section 61-3 and
Section 61-8 of Chapter 61 Entitled "Irving Advisory Committee on
Disabilities" of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, by Increasing the Voting Members from Nine (9) to Eleven
(11) and Providing for Voting; and Providing a Severability Clause
2. Impact: The Advisory Committee on Disabilities purpose is to serve as a voice of
the citizens on matters pertaining to disability issues within the City.
3. Currently there are nine members on the board; the recommendation is to increase
the number of members to eleven.
Recommendation
ZONING CASES AND COMPANION ITEMS

62 Resolution -- Approving Special Sign Permit No. S0911-0043 to Replace
Existing Incandescent Message Center with a 15’ X 5’ Electronic Message
Center Located at 2950 West Airport Freeway - Victoria Gasprian,
Applicant Representing Trinity Broadcasting Network
1. This item supports Strategic Goal No. 1: Land Use
2. Impact: This special sign permit will enhance the signage on State Highway 183
and improve the aesthetics of the City of Irving.
3. The applicant requests approval to replace an incandescent message center on a
25-foot tall pole sign with a color digital sign. Such a sign is prohibited by Section 7-
4 (21) of the City of Irving Land Development Code.
4. Section 7-3.1 of the Land Development Code authorizes the City Council to grant a
special sign permit for digital signs.
5. Staff can support the request provided that the “logo sign” under the message
center be removed, and landscaping be added around the base of the sign.
Recommendation
The resolution be approved, subject to the logo sign under the message center being
removed and shrubbery being added around the base of the sign.

63 Resolution -- ZC09-0034 - Requesting a Variance to Build an Electric
Security Fence - Approximately 34.5 Acres Located at 200 North Belt Line
Road - Electric Guard Dog, Applicant - Roadway Express, Owner
(Postponed at the November 5, 2009 City Council Meeting)
2. Planning and Zoning Commission Hearing Date and Action: August 17, 2009,
Denial, 6-0 (Commissioners Dyer, Palmer, and Urias absent). The applicant has
appealed the request to the City Council.
3. The applicant requests a variance from Chapter 15 of the Code of Civil and Criminal
Ordinances which prohibits an electric fence. The applicant requests a variance to
build an electric security fence four to six inches inside the existing metal security
fence on the north side of the property.
4. The property is developed with a trucking terminal. A seven-foot tall metal security
fence surrounds the property, including the north side where the electric fence is
installed.
5. The requested electric fence consists of 10-foot tall metal poles located in the
ground approximately six inches inside the existing screening fence with 20
separate strands of wire. The fence will be energized by a 12-volt car battery and
connected to solar panels. The wires are connected to the control panel, siren
alarm systems, and telephone dialer. In the event of an intruder, a siren will sound,
the system operator will automatically be dialed, and the intruder will receive “a low-
level but unpleasant shock”.
6. Staff cannot support this request for both safety and aesthetic reasons. Should the
Council wish to approve this request, stipulations should be included to ensure that
the fence is installed as safely and attractively as possible.
7. Public notices were sent to 38 property owners, with 2 comment forms received in
support and none in opposition.
Recommendation
The request be denied.

64 Ordinance -- Zoning Case #ZC09-0043 - Granting S-P-2 (Generalized Site
Plan) for C-O (Commercial Office) and Senior Living Facility Uses -
Approximately 4.807 Acres Located at 3501 North MacArthur Boulevard -
Baldwin Associates, Applicant - SCS Capital Group, LLC, Owner
2. Planning and Zoning Commission Hearing Date and Recommendation: November
2, 2009 – Postpone to December 7, 2009, 6-0 (Commissioners Foust, Gregory and
Dyer, absent).
3. The applicant is requesting to rezone the property to redevelop it with a senior living
facility.
4. The property is currently developed with six single story buildings. The applicant is
wishing to rezone the property to remove five of the buildings and a portion of one
of the buildings to construct a 2-story senior living facility.
5. The applicant is proposing to construct a senior living facility with 80 assisted living
units that will provide long term living accommodations and 24 hour assistance to
elderly residents.
6. Subsequent to this case being advertised staff became aware of several legal
issues concerning possible deed restrictions on the property that would prohibit the
proposed use even if this case was approved by the City. Additionally, questions
have arisen regarding the ownership of the property as represented by the
applicant. Due to these issues, the Commission postponed the case to December
7, 2009.
7. Public notices were sent to thirty-eight (38) property owners, with five (5) letters in
support and three (3) letters in opposition received. The opposition represents
1.86% of the property within 200 feet.
Recommendation
Postpone to January 14, 2010.

65 Ordinance -- Zoning Case #ZC09-0053 - Granting C-N (Neighborhood
Commercial) Uses - Approximately 1.15 Acres Located at 313 South Belt
Line Road (Northwest Corner of Belt Line Road and Thousand Oaks
Boulevard) - Z & R Food Corporation LLC, Owner/Applicant
2, 2009, Favorable, 6-0 (Commissioners Dyer, Foust and Gregory, absent)
3. The applicant is requesting rezoning to allow restaurant uses.
4. The Comprehensive Plan’s Future Land Use Map recommends Retail uses for this
property. This request is in conformance with the Comprehensive Plan.
5. The property is undeveloped. The applicant is requesting retail zoning to allow a
new restaurant use.
6. Development must comply with the Commercial Design Standards, the Landscape
Ordinance, and Sign Ordinance.
7. The property must be platted prior to development.
8. Public notices are sent to forty (40) property owners, with no letters in support and
one (1) in opposition. The opposition represents 0.09% of the property within 200
feet.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

Plan) for C-N (Neighborhood Commercial) Uses - Approximately 3.34
Acres Located on the Southeast Corner of Belt Line Road and Willow
Creek Drive - Quik Trip Corporation, Applicant - United Flotation Inc.,
Owner

16, 2009, Favorable 8-0 (Commissioner Fischer, absent) with the stipulation that
proposed Lot 1 be approved for C-N uses and a car wash, subject to the car wash
receiving site plan approval by the Commission and City Council prior to
development.
3. The applicant is requesting rezoning to allow a gasoline service station with

convenience store and other retail uses.
5. The property is currently developed with retail uses. The applicant is proposing to
demolish the existing buildings to develop a new gasoline service station and a
4900 sq. ft. convenience store use on what will become one lot after replatting.
7. Development must comply with the Convenience Store Design Standards

Ordinance. The proposed building does not meet the percentage of horizontal
articulation required by the ordinance. The applicant has provided articulation in the
form of columns, but has limited their projection to below 15% to keep their
corporate design standards. Staff believes that in this particular case, the applicant
meets the intent of the ordinance, and has provided additional landscaping to
compensate for the reduced horizontal articulation. All other design requirements
have been met.
8. The renderings of the store provided by the applicant show a brick building with a
stone base at the corners and at the points where the walls are articulated. Staff
asked the applicant to extend the stone base around the entire building. However
the applicant wishes to proceed with the building as currently shown. Staff believes
extending the stone around the building will improve its appearance.
9. An additional portion of the property, “Lot 1” (after replatting), is being rezoned but
has no known user at this time. The applicant is also proposing uses from the C-N
Neighborhood Commercial district for this tract on the site plan, including

automobile washing business subject to site plan approval by the Planning and
Zoning Commission and City Council prior to development.
11. The stipulation of the Planning and Zoning Commission has been met.
12. Public notices were mailed to 22 property owners, with no responses in favor or
opposition received.
Recommendation
Commission with the additional stipulation that the stone base be required to extend
around the entire perimeter of the building and be constructed on the gasoline canopy
support columns as well.
67 Ordinance -- Comprehensive Plan Amendment #ZC09-0057 - Amending the

Comprehensive Plan to Change the Recommended Land Use from "Retail"
to "Low Density Residential" Uses - Approximately 23.8 Acres Located
North of Home Depot Drive, Betwen Ranch Trail and Market Place
Boulevard - Hines Las Colinas Land, LP, Applicant - Ranch Trail Partners,
LP, Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
November 16, 2009, Favorable 8-0 (Commissioner Fischer, absent)
3. The applicant is requesting to amend the Comprehensive Plan to low density
residential uses as a companion item to Zoning Case #ZC09-0057.
4. The Comprehensive Plan’s Future Land Use map recommends Retail uses for this
property. This request is to amend the plan to Low Density Residential uses as a
companion item to Zoning Case #ZC09-0057.
5. The property is currently vacant and has never been used for Retail as is
recommended by the Future Land Use Map.
6. The 2008 Comprehensive Plan states that, should an area that is designated and/or
developed as non-residential desire to transition to a residential use, the following
should be required: 1) The area should be physically appropriate (i.e., size, shape,
etc.) for residential use; 2) The area is an extension of a residential neighborhood
shown on the Generalized Future Land Use Map and is not separated from the
neighborhood by a major thoroughfare; 3) The rezoning would not result in a
shortage of land designated for non-residential development; and 4) The proposed
rezoning is not for traditional multi-family development. The requested amendment
meets these four criteria.

7. The companion request for rezoning to an S-P-2 for Single Family Residential use
requires the Future Land Use Map to be amended. The City Council cannot
approve a zoning change that is not consistent with the Comprehensive Plan.
Recommendation
Commission.

Plan) for R-6 (Single Family) District Uses - Approximately 23.8 Acres
Located North of Home Depot Drive Between Ranch Trail and Market Place
LP Owner
November 16, 2009, Favorable 8-0 (Commissioner Fischer, absent).
3. The applicant is requesting to amend the Comprehensive Plan to Low Density
Residential uses and to rezone the property for single family residential uses.
4. The property is currently vacant. The applicant is proposing to rezone the property
from the C-C (Community Commercial) district and develop the site with a new
single family development.
5. The applicant is proposing to construct ninety-five (95) single family homes with five
common area/open space lots with the following modifications to the R-6 (Single
Family) district:
Required Provided
Front Yard Setback 25 feet 20 feet
Side Yard Setback on 20 feet 10 feet
Corner Lots
Required Provided
Land Area Per Dwelling 6,000 square feet 5,500 square feet
Unit
Maximum Lot Coverage 40 percent 55 percent
By Principal Building
Height of Principal 2 stories or 25 feet 2.5 stories or 35 feet
Structure
These modifications match the provisions approved for the adjacent Emerald
Valley Development.

6. The following notes have been added to the site plan in addition to the City’s
standard notes:
• Each dwelling unit shall have a minimum 2-car garage.

• The monument signs, monuments, amenity features, as well as all landscaped
and irrigated common areas, that are within the limits of the approximately 23.9
acres as defined by the final plat shall be owned and privately maintained by a
property owners association.
• All landscaped and turf areas shall be irrigated with a fully automated sprinkler
system.
• The exposed exterior wall area of each house, exclusive of doors, windows and
covered porch areas, shall be at least 75% masonry, masonry veneer, hardie
plank, or other low maintenance material approved by the architectural control
committee of the Las Colinas Association.
• Lots 2x, 3x, 4x and 5x, Block A, and Lot 1x, Block B are owned and maintained
by Home Owners Association.
• Wood shall be prohibited as a siding material.
• The garages may not be converted into living spaces.
• The existing screening wall along the east property line to remain. No screening
wall along east property line shall be constructed with this development.
• 2,000 square foot minimum dwelling unit size.
• The screening wall shall be 100% masonry and a minimum of 6 feet in height.
7. All other requirements of the R-6 district will be met. Platting will be required prior
to development.
8. Public notices were sent to twenty-eight (28) property owners, with eighteen (18)
letters in support and none in opposition received.
Recommendation
Commission.

Plan) for R-10 (Single Family Residential) Uses - Approximately 52.46
Acres Located on the West Side of Riverside Drive, South of Customer
Way - Hines Las Colinas Land, LP, Owner/Applicant
November 16, 2009, Favorable 8-0 (Commissioner Fischer, absent) with the
stipulation that the site plan be revised to show the correct street names.
3. The applicant is requesting to rezone the property for modifications to the required
front yard and garage door setbacks.
4. The City Council previously approved Ordinance No. 5618 to rezone this property
which was a part of a 94.25 acre site to S-P-2 (Generalized Site Plan) for R-10 and
R-6 (Single Family Residential) uses. Since the previous zoning case designated
the zoning of this particular tract as R-10, the applicant is requesting to retain the R-
10 zoning with modifications to the front yard and garage door setbacks
5. In order to accommodate new design criteria specified by FEMA as part of their new
policies for national levees, the applicant had to realign interior streets within The
Lakes of Las Colinas. This new alignment forced the applicant to construct
structural walls in some cases, and request adjustments in setbacks in other areas.
Contracts with production builders stipulated pad sizes for the units in each area. In
order to meet the minimum contractual pad size in this area, it is necessary to
reduce the front yard setback from 25 ft. to 20 ft., with a front garage setback of 22
ft. This request for a reduction in the front yard setback will conform to the existing
front yard setbacks on adjacent properties. Homes in this development, which will
be built on a 90 ft. wide pad, will now have a minimum front yard setback of 20 ft., a
minimum rear yard setback of 20 ft., and a pad size of 74 ft by 85 ft which meets
contract requirements. This allows the overall minimum lot depth to be reduced by
5 ft. The combination of reductions allows the applicant to meet the new levee
requirements of FEMA and fulfill its obligations to the City of Irving and Dallas
County Utility and Reclamation District, caretakers of the Las Colinas levee system.
6. All of the other notes are being carried over from the previous site plan.
7. The stipulation of the Commission has been met.
8. Public notices were sent to four (4) property owners, with no letters in support or
Recommendation
Commission.

Plan) for P-O (Professional Office) District Uses - Approximately 2.9 Acres
Located at 204 East Airport Freeway - Healthspace JVI, LLC, Applicant -
Argonaut Holdings, Inc., Owner
16, 2009 - Postpone to December 7, 2009, 8-0 (Commissioner Fischer, absent).
3. The applicant is requesting to rezone the property for medical offices and service
uses.
4. The property is currently developed with a 15,659 square foot single story building
previously used for an automobile sales lot. The applicant is wishing to rezone the
property to renovate the existing building for medical offices and services.
5. This property is within the proposed State Highway 183 Overlay District, and is
being impacted by right-of-way acquisition along the frontage. Staff discussed the
proposed Overlay District with the applicant, who agreed to provide new
landscaping and a revised parking layout in keeping with the proposed Overlay
standards. A 30 ft. deep landscaped buffer is being provided inside the new
property line, along with a landscaped buffer on both sides and landscaped strips
within the parking lot. New landscaping and trees are also proposed in the parking
areas behind the building.
6. The applicant proposes to do minor interior renovations to the building to create
additional medical office space, and will do some enhancements to the exterior.
Although these enhancements do not comply with the new commercial design
standards, staff believes the current building meets the intent with its existing
articulation.
7. Staff believes this proposed redevelopment is consistent with the vision for the
redevelopment of the State Highway 183 corridor, and can serve as an example of
how existing properties can be improved.
8. On November 16, 2009, the applicant requested that this request by postponed by
the Planning and Zoning Commission to December 7, 2009. Therefore it is
necessary for the City Council to postpone the case to January 14, 2010.
9. Public notices were sent to thirteen (13) property owners, with no letters in support
or opposition received.
Recommendation

Plan) for C-N (Neighborhood Commercial), Convention Center, Retail,
Entertainment, Hotel, Restaurant and Related Uses - Approximately 23.81
Acres Located at the Northwest Corner of Las Colinas Boulevard and
Fuller Road - City of Irving, Owner/Applicant
16, 2009, Favorable 8-0 (Commissioner Fischer, absent).
3. The applicant is requesting rezoning to allow entertainment, hotel, restaurant,
convention center, and other related uses on the subject property. The proposed
use is the City of Irving entertainment venue, which includes a performance hall,
restaurants, and retail shops.
4. The Comprehensive Plan recommends Mixed Use for this property. The proposed
uses are in conformance with the Comprehensive Plan.
5. This zoning change allows the following uses:
• All uses permitted in the C-N (Neighborhood Commercial) zoning district, which
includes retail stores, restaurants, and office uses
• Convention Center and related uses
• Indoor and outdoor entertainment uses
• Outdoor retail and restaurant service uses, including temporary vending
establishments
• Hotel and related uses
• Recording studios, radio and television studios, and broadcast facilities,
excluding free-standing towers
• Parking garage
• Transit stations
6. The site plan includes modifications to the standard building setback requirements,
as well as modifications to the landscaping requirements necessitated by the Levee
Protection Easement.
7. Public notices were sent to eight (8) property owners, with no letters in support or
Recommendation
The ordinance be approved per the recommendation of the Planning and Zoning
Commission.

APPOINTMENTS AND REPORTS
72 Resolution -- Appointment to the Irving Flood Control District Section III to
Fill Two Two-Year Terms Expiring January 2012 and One Unexpired Term
Expiring January 2011
2. Impact: The board is responsible for maintaining flood control programs in Section
III (Valley Ranch area).
3. The board members must own taxable land within the district.
Recommendation
73 Resolution -- Appointing a Board Chair to the Tax Increment Reinvestment

Zone Board with a Term Expiring January 2011
2. Impact: In accordance with the city ordinance, the Council must appoint the Chair
of this board yearly.
Recommendation
74 Resolution -- Appointments to Boards, Commissions, and Committees, to

Fill Two Year Terms Expiring November 2011, and Various Unexpired
Terms for the Following: Arts Board, Building and Standards Commission,
Construction Board of Appeals, Library, and Zoning Board of Adjustments
and Appeals
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures that our residents have a voice in city government
3. These positions represent the remainder of vacancies on the city boards.
Recommendation

75 Mayor’s Report
76 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.

a
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Attachment: Major Project Status Report (3138 : 19 Dec CIP)
2
WORK SESSION MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
November 4, 2009
The Irving City Council met in work session November 4, 2009. The following members were
present/absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Beth Van Duyne Irving City Council Councilwoman Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Sam Smith Irving City Council Councilman Present
Minutes Acceptance: Minutes of Nov 4, 2009 11:00 AM (CONSENT AGENDA)

Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Thomas Spink Irving City Council Councilman Present
Mayor Herbert Gears called the meeting to order at 11:10 AM.
DISCUSSION TOPIC
1 Introduction of City Council Cycle Participants
Executive Assistant Linda Murray introduced the Council Cycle Participants, Development
Coordinator Jerry Sparks, Police Captain David Coulon, and Assistant Director of the Irving
Arts Center Kass Prince.
2 Review of Regular Agenda

The Council reviewed the agenda and the following directions were noted.
City Manager Tommy Gonzalez presented an On-the-Spot Award to the Information
Technology Department staff for their work to rank the City of Irving third in the “Top 10
Digital Cities” in the nation.
He also presented a video regarding the work done to establish the Dallas County
Parkland Hospital Health Clinic. The City of Irving received the Municipal Excellence
Award from the Texas Municipal League for their partnership with Dallas County to
make this a reality.
9 Resolution -- Approving Termination of the Lease with Med Plus Equity Investments,
LP, for Housing and Human Services Office Space at 2520 West Irving Boulevard,
Irving, Texas
Councilwoman Beth Van Duyne requested a presentation on this item.
City Attorney Charles Anderson detailed the terms of the lease and noted that if it is not
acted on now the City will be obligated for the full 10-year term.
Councilman Joe Philipp questioned the cost savings and the plans for relocation.
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November 4, 2009
City Manager Gonzalez noted that the City will realize a cost savings of over $300,000
and described the different location options, which include the first floor of City Hall or
the Family Advocacy Center.
Councilman Philipp noted his support of this item.
10 Resolution -- Approving an Interlocal Agreement Between the City of Irving and the
Dallas County Utility and Reclamation District (DCURD) for the Desiltation of District
Waterways and the Maintenance of the Levee, Waterway Slopes, and Structures
Dallas County Utility and Reclamation District (DCURD) for the Protection and

Maintenance of the District’s Cottonwood Creek System
Irving Flood Control District Section III for the Operations and Maintenance Related to
District Waterways
13 Resolution -- Approving Two Letters of Authorization Between the City of Irving and the
North Central Texas Council of Governments (NCTCOG) for the Regional Storm Water
Monitoring Program and Authorizing Fiscal Year 2010 Funding for the Regional Storm
Water Monitoring Program and for the Regional Storm Water Management Program
Councilwoman Van Duyne requested a presentation on companion items 10-13 and
asked why the City was supplementing these districts as they are all taxing entities.
Community Services Director Paul Gooch described the partnerships the City has with
the flood control districts which creates cost-sharing maintenance programs to meet
TCEQ requirements and federal requirements.
Councilwoman Van Duyne requested information on the funds allocated to the different
flood control districts for the past five years.
Councilman Rick Stopfer described and clarified that for the maintenance/clean up
work the Irving Flood Control District, Section III (IFCD III) has contracted with DCURD
to perform these duties. He also noted that the funds given by the City is based on the
percentage of city drainage that flows through the districts’ systems. He is in support of
these items.
Councilwoman Rose Cannaday noted the importance of the maintenance work done
on the channels to keep development options available in certain areas.
Councilman Philipp asked for IFCD III’s expenditures for desilting. He also requested a
map with the DCURD boundaries and the percentages of the city’s water drainage
systems that flow through this district. He also asked Corporate Communications to
promote the City’s partnerships with these districts through the media.
Director Gooch stated that he will provide the requested fund information to the Council
before the regular council meeting.
City Manager Gonzalez confirmed that staff will put together an educational video on
these districts.
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November 4, 2009
14 Resolution -- Approving an Interlocal Agreement Between the City of Irving and Dallas
County Utility and Reclamation District (DCURD) for the Construction of an Elevator in
the DCURD-Owned Bell Tower on the Mandalay Canal Related to the Lake Carolyn
Promenade Project
15 Resolution -- Approving a Professional Services Agreement with Good Fulton & Farrell
for the Design of a New Elevator in the Dallas County Utility and Reclamation District
(DCURD) Bell Tower on the Mandalay Canal
16 Resolution -- Approving a Discretionary Service Agreement with Oncor Electric
Delivery, LLC for the Lake Carolyn Promenade Project

17 Resolution -- Awarding a Contract to The Fain Group, Inc., for Lake Carolyn
Promenade Project
Mayor Gears requested a presentation on companion items 14-17.
Director Gooch described the promenade project on Lake Carolyn, noting these
agreements produce one mile of promenade.
Councilwoman Van Duyne asked if delays in the Water Street project would affect the
promenade project.
Director Gooch confirmed that although the Water Street developers have agreed to
construct the promenade on their property, any delays would not affect the other areas.
Mayor Gears noted that construction on the Water Street project has begun.
20 Resolution -- Approving a Purchase Contract for the Acquisition of a 1.0211 Acre Tract
of Land Located in the Jefferson B. Runyan Survey, Abstract Number 1232 - University
of Dallas, Property Owner
Councilwoman Van Duyne requested a presentation on this item.
Real Estate Services Assistant Director Doug Janeway described the acquisition of this
last piece of property in the SH 114/ Loop 12/ SH 183 area in the foot print.
21 Resolution -- Approving a Sales Contract for the Acquisition of a Single-Family
Residence Located at 510 Larry Drive - Alma Jean Havens and Harry Havens,
Property Owners
Councilwoman Van Duyne requested a presentation on this item.
It was noted that this item would be discussed in Executive Session.
25 Resolution -- Assigning the City of Irving’s Interest Acquired in DART LRT Orange Line
Parcel I2-37E to Dallas Area Rapid Transit
Councilman Rick Stopfer commended staff for their work, noting that Verizon has not
been a willing participant for the right-of-way acquisition for the DART Orange Line.
26 Resolution -- Approving Change Order No. 2 to the Construction Management at Risk
Contract Between Austin Commercial, L.P., and the City of Irving, Texas, for the Irving
Convention Center
ICVB Business Manager Jane Kilburn and Beck Representative Garrett Swaldi
described the proposed changes and construction savings for the convention center
project.
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November 4, 2009
Councilman Philipp and Councilwoman Cannaday stated their support for the proposed
changes.
27 Resolution -- Approving Change Order No. 1 to the Contract with Maloney Strategic
Communications for Advertising Agency Representation
Corporate Communications Director Laurie Kunke described the proposed changes to
the original ICVB contract with Maloney; the changes will include website updates,
Texas Stadium advertising and Transportation Summit advertising.
Councilwoman Van Duyne asked if there were contractual issues with using “Life after
Texas Stadium” as the theme of the event.

City Attorney Charles Anderson noted that there are no issues if not used
commercially.
The Council discussed the demolition day event options and media possibilities and
noted that it will be planned for the end of February or March.
38 Resolution -- ZC09-0034 - Requesting a Variance to Build an Electric Security Fence -
Approximately 34.5 Acres Located at 200 North Belt Line Road - Electric Guard Dog,
Applicant - Roadway Express, Owner
Chief Planner Kenneth Bloom presented the variance case, noting that the Fire
Department cannot support the request due to safety issues and the Planning & Zoning
Commission denied the request.
Councilman Philipp asked if other cities allow electric fencing and the reason for the
fencing.
Planning & Development Manager Steve Reed noted that there is one other electric
fence in Irving that was approved five years ago adjacent to the Trinity River Bottom,
but staff has not checked with other cities. He noted that this if for security.
Councilwoman Cannaday noted that truck theft is thriving.
Councilman Philipp requested more information from the Planning & Zoning
Commission meeting.
Mayor Gears asked staff to let the owner know that his presence at the regular meeting
would strengthen his position.
Councilwoman Cannaday requested more information on the location of the fire
hydrant on the property.
Councilman Allan Meagher noted his concern with the proximity of the electric fence to
residential neighborhoods.
40 Resolution -- Appointments to Boards, Commissions, and Committees, to Fill Two Year
Terms Expiring November 2011, and Various Unexpired Terms for the Following:
Animal Services, Advisory Committee, Arts Board, Building and Standards
Commission, Construction Board of Appeals, Convention and Visitors Bureau,
Advisory Committee on Disabilities, Board of Health, Housing and Human Services,
Library , Museum, Parks and Recreation, Planning and Zoning Commission,
Preservation and Redevelopment, Youth Council, and Zoning Board of Adjustments
and Appeals
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November 4, 2009
Councilwoman Cannaday read the names of the appointees recommended by the

Council members that conducted interviews on October 28.
3 Improving Project Delivery Schedule

Senior Civil Engineer Steve Metzler presented the City’s improvements made to
construction project delivery. He described the benefits of the Construction Manager at
Risk (CMAR) process as well as the contractual enhancements
Councilwoman Cannaday questioned the construction start time in the City.

Planning & Inspections Director Gary Miller confirmed that construction may begin at 6
a.m. on weekdays and 7 a.m. on weekends.
Councilman Stopfer commended the shortened construction time periods for projects
but noted the need to maintain quality.
4 Tree City USA

Parks & Building Maintenance Director Chris Michalski presented the criteria for Irving
to become a member of “Tree City USA”. He noted that the City currently meets many
of the criteria through a tree ordinance and are exceeding the funding requirements per
capita.
The Council discussed the Tree Board requirement and whether the current Parks
Board would be adequate or if a separate board was needed. Councilman Smith
suggested a separate board, Councilmen Philipp and Meagher, along with
Councilwoman Cannaday suggested expanding the mission of the current Parks
Board, as they are eager to embrace this project.
Mayor Gears agreed that the Parks Board would be the best group, but suggested
coordinating input from the other groups as well as including the Green Committee.
Councilman Stopfer asked about the City’s arborist.
Director Michalski confirmed that Parks Manager Mike Griffith is a certified arborist but
is also a grounds manager and supervises 70 people.
City Manager Tommy Gonzalez said this will be promoted through a video, The
Spectrum, and the Neighborhood Associations.
5 State Highway 183 Overlay District

Planning & Development Manager Steve Reed presented the State Highway 183
Overlay District recommendations. His presentation included guidelines for right-of-
way, standards for new and existing development and protection of adjacent residential
property.
Councilman Spink asked what were the boundaries for the proposed district.
Manager Reed clarified that the overlay district would run the entire length of SH 183
from the City boundaries east and west and include Spur 482.
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November 4, 2009
Councilman Patrick noted his concern with requiring an irrigation system on vacant
property.
Manager Reed confirmed that the City does provide “irrigation only” meters and the
owners do no have to pay the additional costs.
Real Estate & Development Director Brenda McDonald noted that properties will be
required to have a 30-foot landscaped set back when developed, the irrigation
requirement saves costs at the time of sale or will be beneficial since it will already be
in place during development.
The Council agreed with this requirement.

Manager Reed described the proposed land use for the district, and noted the
restrictions on auto sale properties.
Mayor Gears stated his concern with the negative impact these restrictions would have
on current and future car dealerships. He noted his concern that if a dealership closes,
and the City initiates a zoning case to remove the use, then the value of the individual’s
land will be diminished.
The Council also discussed this issue.
Councilman Philipp noted that this is not against car dealerships, but identifying what
land uses we do want in the future; a zoning right will not be taken away.
Councilman Meagher suggested creating a time frame on vacant cars lots before
removing auto sales as a land use through a city-initiated zoning case.
Mayor Gears requested staff include a vacancy time frame for dealerships in the
proposed ordinance, and he will be in favor of this overlay district.
Councilman Stopfer asked that we look at bike paths and sidewalks within this thirty-
foot landscaped corridor.
Councilman Philipp and Councilman Stopfer requested the Council receive a map of
the proposed land use districts within the overlay before the public hearings are
scheduled.
Councilman Stopfer requested the Council receive input from staff on the Council’s
issues before staff meet with the property stakeholders when this is completed.
6 Alcoholic Beverage Ordinance (Requested by Councilwoman Van Duyne)

Councilwoman Van Duyne asked for the Council to discuss if there was a need to have
charter election to put the 60/40 alcohol sales requirement to the citizens to vote on.
She stated that if the citizens value the 60/40 requirement, the City should enforce it
consistently, including city facilities.
The Council discussed at length the value of the 60/40 alcohol sales requirements, with
many of the Council members stating their support of the current zoning that requires
restaurants that sell liquor by the drink to make 60% of their revenue from food and
40% from alcohol.
It was clarified that the 60/40 requirements were not in the City’s Charter, and it would
not be a Charter amendment election
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November 4, 2009
Councilwoman Van Duyne noted citizens’ concerns with the city’s recently approved
ordinance exempting the new convention center, entertainment venue, and the Arts
Center from this zoning requirement.
Mayor Gears clarified that the 60/40 requirements are specifically geared to restaurants
and the city facilities do not fall under that category.
Councilman Spink noted his concern that the 60/40 requirements are at jeopardy of
being repealed due to the City’s exemption, and requested a legal opinion.
Mayor Gears confirmed that the City Attorney gave the Council a legal opinion before
the Council voted on allowing the sale of alcohol at the convention center,

entertainment venue, Arts Center and future museum at the October 22nd meeting.
The majority of the Council agreed that this item will not go forward.
7 Water & Sewer System Fund Financial Needs

This item was postponed to the next Council work session.
8 IHFC Board Meeting
Mayor Gears recessed the Work Session at 3:15 PM to conduct the meeting of the Housing
Finance Corporation.
Mayor Gears reconvened the Work Session at 3:17 PM.
EXECUTIVE SESSION
City Attorney Charles Anderson read the Mayor and Council into Executive Session at 3:18
PM.
21 Resolution -- Approving a Sales Contract for the Acquisition of a Single-Family

Residence Located at 510 Larry Drive - Alma Jean Havens and Harry Havens,
Property Owners
9 Legal Advice - Benavidez v. City of Irving

Texas Open Meetings Act § 551.071
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November 4, 2009
Mayor Gears announced that the Council will now reconvene in Open Session. The time was
3:33 PM.
The meeting was adjourned at 3:34 PM.
___________________________
Herbert A. Gears, Mayor

ATTEST:
______________________
Janice Carroll, TRMC
City Secretary
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REGULAR MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
November 5, 2009
~
The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, November 5, 2009. The following members were present /
absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Beth Van Duyne Irving City Council Councilwoman Absent
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Minutes Acceptance: Minutes of Nov 5, 2009 7:00 PM (CONSENT AGENDA)

Rick Stopfer Irving City Council Councilman Present
Sam Smith Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Thomas Spink Irving City Council Councilman Present
ORGANIZATIONAL SERVICE ANNOUNCEMENTS
There were no organizational service announcements made.
INVOCATION
The invocation was delivered by Diana Rohrback, of the Bahai Faith of the City Of Irving, Texas.
PLEDGE OF ALLEGIANCE
Councilman Patrick led those present in the pledge.
PROCLAMATIONS AND ANNOUNCEMENTS
Mayor Gears asked Chief Larry Boyd and Lieutenant Richard Gilmette as well Chief David
James, from the Carrollton Police Department and President of the Texas Police Chief’s
Association to come forward. Chief James presented the Chief and the entire police
department a plaque in recognition of their attainment of the “Texas Law Enforcement Best
Practices Recognition Program” certification. He noted that Irving is the 20th in the state and the
largest City in the state to receive this award.
.
Arbor Day Proclamation
Mayor Gears presented a proclamation to Mike Griffith, Irving Parks Manager and a
Certified Arborist. Mayor Gears proclaimed November 6, 2009, as Arbor Day. Mayor Gears
also stated that a tree will be planted at Sally B. Elliott Elementary School in recognition of
their accomplishment of recycling more paper and plastic than any other elementary school
in Irving ISD.
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City Council Meeting

November 05, 2009
Salvation Army Red Kettle Day
Mayor Gears called Major Mark Craddock from the Salvation Army of Irving to come
forward and receive a proclamation in honor of “Salvation Army Red Kettle Day”. Mayor
Gears noted that there will be 40 Red Kettles and five Cashless Red Kettles throughout
Irving during the Holiday Season.
Municipal Court Week

Mayor Gears presented a proclamation to Wayne Lambert, Interim Director of Municipal
Court Services, proclaiming this week Municipal Court Week in Irving. Mayor Gears also
asked the employees from the Municipal Court to come forward. A video was shown
explaining with services that are provided by the Municipal Court.
CITY COUNCIL AGENDA

City Manager Tommy Gonzalez announced that there are two videos that will be
shown at the end of this meeting.
CONSENT AGENDA
The consent agenda items 2-37 were presented for approval. Mayor Gears stated that item #23
would be pulled from the consent agenda and heard separately. Councilman Stopfer moved to
approve the consent agenda items 2-37, excluding item #23. Seconded by Councilman Smith
the motion was approved by a vote of 8-0.
2 Approving Minutes for Wednesday, October 21, 2009
3 Approving Minutes for Thursday, October 22, 2009
4 Resolution No. RES-2009-466 -- Authorizing the Mayor to Enter into an

Agreement with the Governor’s Division of Emergency Management to Receive
and Participate in the Fiscal Year 2009 Homeland Security Grant Program
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November 05, 2009
RESULT: ADOPTED [UNANIMOUS]

MOVER: Rick Stopfer, Councilman
SECONDER: Sam Smith, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday, Spink
ABSENT: Beth Van Duyne
5 Resolution No. RES-2009-467 -- Approving a Memorandum of Understanding

Between the City of Irving and the Texas Department of Public Safety (TXDPS)

for Participation in the Texas Data Exchange (TDEx)

6 Resolution No. RES-2009-468 -- Approving the Agreement Between the City of

Irving, Dallas County Department of Health and Human Services Older Adult
Services Program, and the Dallas Area Agency on Aging to Extend Nutrition
Services and Provide Daily Meals to Senior Citizens at the Heritage Senior
Activity Center through September 30, 2010

7 Resolution No. RES-2009-469 -- Approving an Agreement Between the City of

Irving and ADL Associates, Inc., for Training Services
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November 05, 2009

8 Resolution No. RES-2009-470 -- Approving an Agreement with Motorola

University to Provide Lean Six Sigma Training and Certification

MOVER: Lewis Patrick, Councilman
9 Resolution No. RES-2009-471 -- Approving Termination of the Lease with Med

Plus Equity Investments, LP, for Housing and Human Services Office Space at
2520 West Irving Boulevard, Irving, Texas

10 Resolution No. RES-2009-472 -- Approving an Interlocal Agreement Between

the City of Irving and the Dallas County Utility and Reclamation District (DCURD)
for the Desiltation of District Waterways and the Maintenance of the Levee,
Waterway Slopes, and Structures
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November 05, 2009


the City of Irving and the Dallas County Utility and Reclamation District (DCURD)

for the Protection and Maintenance of the District’s Cottonwood Creek System


the City of Irving and the Irving Flood Control District Section III for the
Operations and Maintenance Related to District Waterways

13 Resolution No. RES-2009-475 -- Approving Two Letters of Authorization

Between the City of Irving and the North Central Texas Council of Governments
(NCTCOG) for the Regional Storm Water Monitoring Program and Authorizing
Fiscal Year 2010 Funding for the Regional Storm Water Monitoring Program and
for the Regional Storm Water Management Program
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November 05, 2009


the City of Irving and Dallas County Utility and Reclamation District (DCURD) for

the Construction of an Elevator in the DCURD-Owned Bell Tower on the
Mandalay Canal Related to the Lake Carolyn Promenade Project

15 Resolution No. RES-2009-477 -- Approving a Professional Services Agreement

with Good Fulton & Farrell for the Design of a New Elevator in the Dallas County
Utility and Reclamation District (DCURD) Bell Tower on the Mandalay Canal

16 Resolution No. RES-2009-478 -- Approving a Discretionary Service Agreement

with Oncor Electric Delivery, LLC for the Lake Carolyn Promenade Project
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November 05, 2009

17 Resolution No. RES-2009-479 -- Awarding a Contract to The Fain Group, Inc.,

for Lake Carolyn Promenade Project

18 Resolution No. RES-2009-480 -- Awarding a Contract to ForceCon Services,

LLC for MacArthur Boulevard Lighting Infrastructure, Median, and Landscape
Improvements - Metker Street to Northgate Drive Project

19 Resolution No. RES-2009-481 -- Awarding a Contract to ForceCon Services,

LLC for the Sub-Surface Utility Exploration (Potholing) Annual Contract
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November 05, 2009

20 Resolution No. RES-2009-482 -- Approving a Purchase Contract for the

Acquisition of a 1.0211 Acre Tract of Land Located in the Jefferson B. Runyan

Survey, Abstract Number 1232 - University of Dallas, Property Owner

21 Resolution No. RES-2009-483 -- Approving a Sales Contract for the Acquisition

of a Single-Family Residence Located at 510 Larry Drive - Alma Jean Havens
and Harry Havens, Property Owners

22 Resolution No. RES-2009-484 -- Approving a Purchase Contract for the

Acquisition of a Fourplex Located at 3021 Tudor Lane - Cornelio Benitez,
Property Owner
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November 05, 2009

23 Resolution No. RES-2009-485 -- Approving the Assignment of “Agreement for

Purchase and Sale of Real Estate” Between Verizon Realty, Corp., and the City

of Irving for the Acquisition of DART LRT Orange Line Parcel I2-37A to Dallas
Area Rapid Transit
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition.
Councilman Stopfer stated that Verizon is unwilling to work with the City of Irving
and donate right-of-way for the DART Orange Line. He commended all of the
individuals and companies that have provided the right-of-way at no cost for this
valuable line.
Councilman Meagher asked if there will be a DART station on this property. He

asked why a station should be put there, when the city must pay for this right-of-
way.
Mayor Gears noted that when Verizon came to Irving they asked for a 25 year
tax abatement and now are making the taxpayer pay them for this right-of-way.
land.

24 Resolution No. RES-2009-486 -- Approving the Assignment of “Agreement for

Purchase and Sale of Real Estate” Between Verizon Realty, Corp., and the City
of Irving for the Acquisition of DART LRT Orange Line Parcels I2-37B, I2-37B-2,
I2-37B-3, and I2-37D to Dallas Area Rapid Transit
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November 05, 2009

25 Resolution No. RES-2009-487 -- Assigning the City of Irving’s Interest Acquired

in DART LRT Orange Line Parcel I2-37E to Dallas Area Rapid Transit

26 Resolution No. RES-2009-488 -- Approving Change Order No. 2 to the

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

27 Resolution No. RES-2009-489 -- Approving Change Order No. 1 to the Contract

with Maloney Strategic Communications for Advertising Agency Representation
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November 05, 2009

28 Resolution No. RES-2009-490 -- Approving an Agreement with Premier Meeting

and Event Management for Assistance in the 3Rd Annual Transportation and

Infrastructure Convention, the 13Th Annual Transportation and Infrastructure
Summit and the Texas Stadium Implosion Event

29 Resolution No. RES-2009-491 -- Approving Purchase from Reliable Chevrolet

for Police Chevrolet Tahoes Utilizing the Parker County Mutual Cooperative
Purchasing Agreement

30 Resolution No. RES-2009-492 -- Renewing Annual Contract with Air-

Conditioning Innovative Solutions, Inc., for Chilled Water Compressors Annual
Maintenance and Service
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November 05, 2009

31 Resolution No. RES-2009-493 -- Renewing Annual Contract with Martin Eagle

Oil Company, Inc., for Unleaded Fuel Utilizing the City of Fort Worth Mutual

Cooperative Purchasing Agreement

32 Resolution No. RES-2009-494 -- Approving Award to Fuelman of DFW for an

Annual Contract to Provide the Fleet Fuel Card Program Utilizing the Tarrant
County Mutual Cooperative Purchasing Agreement

33 Resolution No. RES-2009-495 -- Approving and Accepting the Bids of North

America Fire Equipment Company, Inc.,/NAFECO, Fisher Scientific Co., LLC,
and Casco Industries Inc., for Annual Contracts to Provide Fire Department
Bunker Clothing
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November 05, 2009

34 Resolution No. RES-2009-496 -- Approving and Accepting the Proposal from

CIGNA Group Insurance for Life Insurance and Accidental Death and

Dismemberment (AD&D)

35 Resolution No. RES-2009-497 -- Renewing Single Source Software

Maintenance Agreement with EnRoute Emergency Systems LLC, for the Fire
Application and Database System

36 Resolution No. RES-2009-498 -- Renewing Single Source Software

Maintenance Agreement with SirsiDynix for the Library’s Catalog Information
System
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November 05, 2009

37 Resolution No. RES-2009-499 -- Approving and Accepting the Bid of Andrew’s

Building Service, Inc., for an Annual Contract to Provide Custodial Maintenance

Services for the Irving Arts Center

INDIVIDUAL CONSIDERATION
ZONING CASES AND COMPANION ITEMS
38 Resolution No. RES-2009-500 -- ZC09-0034 - Requesting a Variance to Build

an Electric Security Fence - Approximately 34.5 Acres Located at 200 North Belt
Line Road - Electric Guard Dog, Applicant - Roadway Express, Owner
opposition. There were no speakers.
Michael Pate, Electric Guard Dog, representing the applicant presented the case.
He stated that the fence is only on the north side. He asked the Council to
consider granting a variance with the stipulations that were put into place in a
2003 Fence Variance case that was approved by the city for the installation of
the same fencing. He noted that this fence is for security. He clarified that this
was installed without a fence permit due to a misunderstanding and that a ticket
had been issued.
Manager of Planning and Inspections Steve Reed gave a presentation on this

item, and noted that staff does not recommend approval of this fence.
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November 05, 2009
After a lengthy Council discussion on this fencing request, Councilwoman

Cannaday moved to approve this item with stipulations. Seconded by
Councilman Patrick, the motion failed by a vote of 4-4, with the following voting in
opposition: Councilman Meagher, Mayor Pro Tem Smith, Councilman Smith, and
Councilman Stopfer.
A second motion was made to postpone this item to the December 3, 2009 City
Council meeting.

RESULT: POSTPONED [5 TO 3]
Next: 12/3/2009 7:00 PM
MOVER: Joe Philipp, Councilman
SECONDER: Rose Cannaday, Councilwoman
AYES: Gears, Meagher, Patrick, Philipp, Cannaday
NAYS: Rick Stopfer, Sam Smith, Thomas Spink
APPOINTMENTS AND REPORTS
39 Resolution No. RES-2009-501 -- Nomination of a Representative for the

Suburban Cities to Serve on the Board of Director of the Dallas Central Appraisal
District

MOVER: Rose Cannaday, Councilwoman
SECONDER: Rick Stopfer, Councilman
40 Resolution No. RES-2009-502 -- Appointments to Boards, Commissions, and

Committees, to Fill Two Year Terms Expiring November 2011, and Various
Unexpired Terms for the Following: Animal Services, Advisory Committee, Arts
Board, Building and Standards Commission, Construction Board of Appeals,
Convention and Visitors Bureau, Advisory Committee on Disabilities, Board of
Health, Housing and Human Services, Library , Museum, Parks and Recreation,
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November 05, 2009
Planning and Zoning Commission, Preservation and Redevelopment, Youth
Council, and Zoning Board of Adjustments and Appeals
Councilwoman Cannaday moved that the following appointments be made

to the City of Irving Board, Commissions and Committees to terms expiring
November 2011, unless otherwise noted:
Animal Services Advisory Committee to Re-Appoint

Place 1 - Sue Aikman
Place 3 - Ann Mixson
Place 5 - John Rodriguez
Place 7 - Kathleen Olson
Arts Board to Re-Appoint

Place 1 - Melody Gamblin-Bullock
Place 5 - Alice Owen
Place 7 - Tim Mershon
Place 11 - James Bullock
Nonvoting Hotelier- Place 1 - Tiffany Zielins
And Appoint
Place 3 - Katherine Howard
Place 9 - Robert Dauber
Building and Standards Commission to Re-Appoint

Place 1 - Alan Fennell
Place 3 - Rachel Torrez-Moon
Place 5 - William Mahoney
And Appoint
Alternate - Place 1 - Michael Havens
Construction Board of Appeals to Re-Appoint

Place 1 - George Stephenson
Place 3 - Barry Leach
Place 5 - Tariq Jalil
Irving Convention and Visitors Bureau Board to Re-Appoint

Place 1 - Carlton Turner
Place 3 - Roland Medina
Place 5 - Roy Santoscoy
Place 7 - James Cassels
Place 9 - Raymond McCarty
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November 05, 2009
Place 11 - Michael Barns
Nonvoting Member - Place 3 - Rick Bidne
And Appoint
Nonvoting Hotelier - Place 1 - Lisa Klaker
Advisory Committee on Disabilities to Re-Appoint

Place 1 - Beverly Fuqua
Place 3 - Donna Jacobi-Edwards
Place 5 - Brian McGuire
Place 7 - Mary Davies

Place 9 - Joe Matthews
Board of Health to Re-Appoint

Place 1 - Ajay Dubey
Place 3 - Laura Baugh
Place 5 - Kathryn Pecenka-Johnson
Place 7 - Maryllin Newton
And Appoint
Place 9 - Carole Baas
Housing and Human Services Board to Re-Appoint

Place 1 - Cynthia Jenkins
Place 3 - Ernest Richards
Place 5 - Robert Moon
Place 7 - Anna Forrest
Place 9 - Carole Shlipak
And Appoint the following to a term expiring November 2010

Place 4 - Michael DiPietro
Library Board to Re-Appoint

Sharon Barbosa-Crain
Charles Riggs
And Appoint
Mark Zeske
Museum Board to Re-Appoint

Place 1 - Dwane Crain
Place 3 - Michael McPhail
Place 5 - Norma Stanton
Place 9 - Ted Olson
And Appoint
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November 05, 2009
Place 7 - Don Wilson
Parks and Recreation Board to Re-Appoint

Place 6 - Karen Harmon
Place 8 - Helen Chaplin
Place 9 - Margaret Brown-Marsden
And Appoint
Place 7 - Marilyn Wilson

Planning and Zoning Commission to Re-Appoint
Place 5 - Douglas Gregory
Place 8 - Robert LaRose
Place 9 - Michael Randall
And Appoint
Place 6 - Tom Tannehill
Place 7 - John Fischer
Preservation and Redevelopment Board to Re-Appoint

Place 1 - Sue Cicherski
Place 3 - Timothy Sutherlin
Place 5 - Sunny Gray
Place 7 - Betty Yarbrough
And Appoint
Place 9 - Joy Pike
Youth Council to Re- Appoint

Place 1 - Kenny Hassenteuffel
Place 3 - Theresa Duncan
Place 5 - Steven Sarosy
Place 7 - Jorge Chac II
Zoning Board of Adjustments and Appeals to Re-Appoint

Dianne Cartwright
Kalil Mohamed
And Appoint
Wendy Duprey
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November 05, 2009

MOVER: Rose Cannaday, Councilwoman
SECONDER: Rick Stopfer, Councilman
41 Mayor’s Report

The City Manager’s report was shown giving an update on the strategic goals. A second
video was also shown highlighting the national recognition the City has received from the
International City Management Association which will be showcased at their conference.
42 Adjournment
The meeting adjourned at 8:44 p.m.
Citizens’ Forum
Joyce Howard, 1401 Colony, addressed the Mayor and Council regarding stray
dogs in her neighborhood. She also stated that when a person has an
emergency they do not want to be sent to voice mail when calling the Animal
Shelter for assistance.
Dana Von Voss, 400 South Jefferson Street, also addressed the Mayor and
Council about stray dogs in his neighborhood. He advised them of an attack his
wife and their two dogs recently endured. He proposed a requirement that all pet
owners have insurance.
Herbert A. Gears
ATTEST:

City Secretary
19
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3121

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

of Irving’s Records Management Policy
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all records destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 90.5 cubic feet of records for Police Training Academy
and Parks & Building Maintenance Department.
Recommendation
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
December 3, 2009 Destruction (PDF)
CURRENT YEAR FINANCIAL IMPACT:

NONE
REVISION INFORMATION:
Prepared: 11/18/2009 11:14 AM by April Goff
Last Updated: 11/23/2009 11:19 AM by Jennifer Dwyer
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 3121)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby authorizes the destruction of 90.5 cubic feet (86
boxes) of unneeded records as shown on the attached list.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on December 3, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Attachment: December 3, 2009 Destruction (3121 : 02RM AUTH Destruction of Obsolete Records)
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3113

Recommending Department: Police LSR No: 10398
Resolution -- Approving a Texas Traffic Safety Program Grant Agreement

Between the City of Irving and the State of Texas, Acting by and through
the Texas Department of Transportation, for a Selective Traffic
Enforcement Program (STEP) Grant for Holiday DWI Enforcement
2. Impact: This grant will provide overtime expenses to decrease impaired driving and
alcohol-related crashes during the holiday season from December 18, 2009,
through January 3, 2010.
3. The STEP grant is reimbursable up to $16,974.00 with a cash match from the City
in the amount of $5,683.31.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
ATTACHMENTS:
RES: STEP 2010 grant (PDF)

None
Prepared: 11/18/2009 09:29 AM by Darlene Jenkins
Last Updated: 11/18/2009 10:19 AM by Darlene Jenkins
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Texas Traffic Safety Program
Grant Agreement between the City of Irving and the State of Texas, acting by and
through the Texas Department of Transportation, for a Selective Traffic Enforcement
Program (STEP) grant to be used to reimburse the City for salary expenses for the
period of December 18, 2009, through January 3, 2010, and the Mayor is authorized
to execute said agreement.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Period: 10/01/2009 to 09/30/2010
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Attachment: RES: STEP 2010 grant (3113 : 04 STEP Grant)
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City of Irving
STEP - 1m aired Drivin Mobilization
THE STATE OF TEXAS

THE COUNTY OF TRAVIS

Grant Period: This Grant becomes effective on 10/01/2009 or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2010 unless terminated or otherwise
mod jfied .
Total Awarded: $22,657.31
Amount Eligible for Reimbursement: $16,974.00
Match Amount: $5,683.31
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer
of the organization for which she/he has executed this agreement and that she/he has full
and complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
City of Irvina Commission for the purpose and effect of
activating and/or carrying out orders,
[Legal Name of Agency] established policies or work programs
approved and authorized by the Texas
Transportation Commission

By:
By:
--
[District Engineer Texas Department of
[Authorized Signature]
Transportation]
[Name] [Name]
[Title] [Title]
Date Date
Under the authority of Ordinance or By

Resolution Number (for local government) ~- ~-
(If Applicable) Director,Traffic OperationsDivision Texas

Department of Transportation (Not required
-- for local project grants under $100,000.00)
[Resolution Number] Date:
---
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City of Irving
STEP - Impaired Driving Mobilization
General Information
ProjectTitle STEP - Impaired Driving Mobilization
Project To conduct DWI enforcement Waves during holiday periods to increase

Description DWI arrests and earned media activity as part of the statewide "Drink.
Drive. Go To Jail" campaign and in conjunction with the national Impaired
Driving Mobilization campaign
How many years has your organization received funding for this project?
This will be our second year.
--
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Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of its compliance therewith.

ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),
Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-11 0); OMB
CircularA-87; OMB CircularA-102; OMB CircularA-21; OMB CircularA-122; OMB
Circular A-133; and the Department's Traffic Safety Program Manual, as they relate to the
application, acceptance, and use of federal or state funds for this project. Also, the
Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant's
governing body, authorizing the filing of the application, including all understandings
and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964
(Public Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC
(United States Code) §§4601 et seq.; and United States Department of
Transportation (USDOT) regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which
provide for fair and equitable treatment of persons displaced as a result of federal
and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act's minimum wage and
overtime requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a
-
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purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
I. It recognizes that many federal and state laws imposing environmental and
resource conservation requirements may apply to this Grant Agreement. Some, but
not all, of the major federal laws that may affect the project include: the National
Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean
Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal
Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the

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

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

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

C. To be eligible for reimbursement under this Agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant
Period of this Grant Agreement, attributable to work covered by this Agreement, and
which has been completed in a manner satisfactory and acceptable to the
Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.
The term "supplanting," refers to the use of federal or TxDOT funds to support
personnel or an activity already supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of
Management and Budget (OMB) Circulars:
. A-21 , Cost Principles for Educational Institutions;
. A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
. A-122, Cost Principles for Nonprofit Organizations.

F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in this Grant Agreement, within thirty (30) days after
the end of the billing period. The Request for Reimbursement and appropriate
supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
Agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length
of this Grant Period specified in this Grant Agreement. If the Department determines
that the project has demonstrated merit or has potential long-range benefits, the
Subgrantee may apply for funding assistance beyond the initial Agreement period.
Preference for funding will be given to those projects for which the Subgrantee has
assumed some cost sharing, those which propose to assume the largest
percentage of subsequent project costs, and those which have demonstrated
performance that is acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds. If at any
time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall so notify the Subgrantee, giving notice of
intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the
end of a federal fiscal year, the Department determines that there is sufficient funding and
performance to continue the project, the Department may so notify the Subgrantee to
continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.
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ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants system messaging. If the Department finds that
such work does constitute additional work, the Department shall so advise the Subgrantee
and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the
original work. If performance of the additional work will cause the maximum amount
payable to be exceeded, the work will not be performed before a written grant amendment
is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but
the Department requests changes to the completed work or parts thereof which involve

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

submitted monthly.
The performancereportwill include,as a minimum:(1) a comparisonof actual

accomplishmentsto the objectivesestablishedfor the period,(2) reasonswhy established
objectivesand performancemeasureswere not met, if appropriate,and (3) other pertinent
information,including,when appropriate,an analysisand explanationof cost underruns,
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City of Irving
STEP - Impaired Driving Mobilization ~~~c-
overruns, or high unit costs
The Subgrantee shall submit the Final Performance Report through eGrants within thirty
(30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing, through eGrants
messaging, of events that will have a significant impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or

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

assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed hereunder,
(hereinafter called the records), and shall make such records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain said records for four (4) years from the date of final
payment under this Agreement, until completion of all audits, or until pending litigation has
been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the
records. This right of access is not limited to the four (4) year period but shall last as long
as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees.The Subgranteealso agrees,to the extent permittedby law to indemnify,
I
hold, and save harmlessthe Departmentfrom any and all expenses, including but not
limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents, or employees.
Further,to the extent permittedby law, the Subgrantee, if other than a government entity
agrees to protect, indemnify, and save harmless the Department from and against all
Packet Pg. 99
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claims, demands, and causes of action of every kind and character brought by any
employee of the Subgrantee against the Department due to personal injuries or death to
such employee resulting from any alleged negligent act, by either commission or omission
on the part of the Subgrantee.
If the Subgrantee is a government entity, both parties to this Agreement agree that no
party is an agent, servant, or employee of the other party and each party agrees it is
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supercedes any prior oral or written agreements. If a conflict arises
between this Agreement and the Traffic Safety Program Manual, this Agreement shall

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

representativethereof, have the right at all reasonabletimes to inspector otherwise
evaluatethe work performedor being performedhereunderand the premisesin which it is
being performed.
201 O-lrving-STEPI DM-OOO16
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City of Irving
STEP -Impaired Driving Mobilization.. , ~.~."'c.
If any inspection or evaluation is made on the premises of the Subgrantee or its

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

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

shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this Agreement. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a
-- -- --
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City of Irving
bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. If
the Subgrantee breaches or violates this warranty, the Department shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in
any way interfere with its or its employees' performance or which in any way conflicts with
the interests of the Department. The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the
Department's interests.

ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement, or will be able to obtain
such personnel from sources other than the Department.
All employees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
Unless otherwisespecified,the Subgranteeshall furnish all equipment,materials,supplies,

and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the Department or
purchased pursuant to this Agreement in accordance with its own property management
procedures, provided that the procedures are not in conflict with the Department's property
management procedures or property management standards and federal standards, as
appropriate, in:
49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," or
49 CFR, Part 19 (OMB Circular A-11 0), "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTEllECTUAL PROPERTY
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Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,
and equipment and supplies purchased with grant funds shall, at the option of the
Department, become the property of the Department. All sketches, photographs,
calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of

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

contract and versions thereof unless otherwise agreed to in writing that there will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the
Subgrantee without any type of funding or resource assistance from the Department
remain the Subgrantee's intellectual property. For these classes and materials, the
Department payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in
this Agreement without written consent of the Department through eGrants messaging.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR,
Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be
amended periodically (hereinafter referred to as the Regulations). The Subgrantee
agrees to comply with Executive Order 11246, entitled "Equal Employment
Opportunity ," as amended by Executive Order 11375 and as supplemented by the
U.S. Department of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee
for work to be performed under a subcontract, including procurements of materials
and leases of equipment, each potential subcontractor or supplier shall be notified
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by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, sex, national
origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Department or the USDOT to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of
the Subgrantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Subgrantee shall so certify to the Department or the US
DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has
made to obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with
the nondiscrimination provision of this Agreement, the Department shall impose

such sanctions as it or the US DOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of
paragraphs A. through E. in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations or directives. The
Subgrantee shall take such action with respect to any subcontract or procurement
as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance. However, in the event a Subgrantee becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request the Department to enter into
litigation to protect the interests of the state; and in addition, the Subgrantee may
request the United States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Department and the USDOT that Disadvantaged Business
Enterprises, as defined in 49 CFR Par1 26, shall have the oppor1unity to par1icipate in the
performance of agreements financed in whole or in par1 with federal funds. Consequently,
the Disadvantaged Business Enterprise requirements of 49 CFR Par1 26, apply to this
Agreement as follows:
The Subgranteeagreesto insurethat DisadvantagedBusinessEnterprises,as

defined in 49 CFR Part 26, have the opportunityto participatein the performanceof
agreementsand subcontractsfinanced in whole or in part with federal funds. In this
regard,the Subgranteeshall make good faith efforts in accordancewith 49 CFR
Part 26, to insurethat DisadvantagedBusinessEnterpriseshave the opportunityto
competefor and performagreementsand subcontracts.
The Subgranteeand any subcontractorshall not discriminateon the basis of race,
color, sex, nationalorigin, or disabilityin the award and performanceof agreements
funded in whole or in part with federalfunds.
These requirements shall be included in any subcontract
2010-1rving-STEP IDM-OOO16 Printed On: 11/17/2009
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Failure to carry out the requirements set forth above shall constitute a breach of this
Agreement and, after the notification of the Department, may result in termination of this
Agreement by the Department, or other such remedy as the Department deems
appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A The Subgranteecertifies,to the best of its knowledgeand belief,that it and its

principals:
1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;

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

federal, state, or local governmentalentity with commissionof any of the
offensesenumeratedin paragraphA. 2. of this Article; and
4 Have not, within a three (3) year period preceding this Agreement, had one
or more federal, state, or local public transactions terminated for cause or
default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article
such Subgrantee shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any
tier to any party which is debarred or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order
12549, Debarment and Suspension.
D The Subgranteeshall requireany party to a subcontractor purchaseorder awarded

underthis GrantAgreementto certify its eligibilityto receivefederal grant funds,
and,when requestedby the Department,to furnisha copyof the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
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Subgrantee to any personfor influencing or attempting to influence an officer or

employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the party to this Agreement shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance

with its instructions.
c The Subgrantee shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that
it either will go to the Department's website noted below and complete the Child Support
Statement or already has a Child Support Statement on file with the Department. The
Subgrantee is responsible for keeping the Child Support Statement current and on file with
that office for the duration of this Agreement period. The Subgrantee further certifies that
the Child Support Statement on file contains the child support information for the
individuals or business entities named in this grant. Under Section 231.006, Family Code,
the Subgrantee certifies that the individual or business entity named in this Agreement is
not ineligible to receive the specified grant or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is
inaccurate.
The form for the Child Support Statement is available on the Internet at:
htto://www .dot.state. tx. us/cso/default. htm.
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City of Irving
RESPONSIBILITIESOF THE SUBGRANTEE:

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

1. The Department will arrange for meetings with the Subgrantee to present status of
activities and to discuss problems and the schedule for the fol/owing quarter's work.
2. The project director or other appropriate qualified persons will be available to represent
the Subgrantee at meetings requested by the Department.
E. Support grant enforcement efforts with public information and education (PI&E)
activities. Salaries being claimed for PI&E activities must be included in the budget.
F. When applicable, all newly developed PI&E materials must be submitted to the
Department for written approval, through the TxDOT Electronic Grants Management
System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety
Program Manual regarding PI&E procedures.
G. For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the written approval of the Department, through eGrants system messaging, prior
to the beginning of the trip. Grant approval does not satisfy this requirement. For
Department district-managed grants, the Subgrantee must have obtained written
Department district approval, through eGrants system messaging, for travel and related
expenses if outside of the district boundaries.
H. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
I. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity already
supported by local or state funds.
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City of Irving
report form. The form should include at a minimum: name, date, badge or identification
number, type of grant worked, grant site number, mileage (including starting and ending
mileage), hours worked, type of citation issued or arrest made, officer and supervisor
signatures.
K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty, unless the Subgrantee received specific written
authorization from the Department, through eGrants system messaging, prior to incurring
costs.
L. Subgrantee may work additional STEP enforcement hours on holidays or special events
not covered under the Operational Plan. However, additional work must be approved in
writing by the Department, through eGrants system messaging, prior to enforcement.
Additional hours must be reported in the Performance Report for the time period for which

the additional hours were worked.
M. If an officer makes a STEP-related arrest during the shift, but does not complete the
arrest before the shift is scheduled to end, the officer can continue working under the grant
to complete that arrest.
N. Subgranteeswith a traffic unit will utilizetraffic personnelfor this grant, unlesssuch

personnelare unavailablefor assignment.
O. Prior to conducting speed enforcement, the Subgrantee must select and survey
enforcement sites that comply with existing state mandated speed limits in accordance
with the Texas Transportation Code, Sections 545.352 through 545.356.
P. Officers assigned to speed sites should be trained in the use of radar or laser speed
measurement devices.
Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a
safety belt use policy in place, a policy should be implemented, and a copy maintained for
verification during the grant year.
R. Officers working OWl enforcement must be trained in the National Highway Traffic
Safety Administration/International Association of Chiefs of Police Standardized Field
Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be
trained, or scheduled to be SFST trained, by the end of the grant year. For second or
subsequent year grants, all officers working OWl enforcement must be SFST trained.
S. The Subgrantee should have a procedure in place for contacting and using drug
recognition experts (OREs) when necessary.
T. The Subgrantee is encouraged to use the OWl On-line Reporting System available
through the Buckle Up Texas Web site at www.buckleuptexas.corn.
-
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City of Irving
RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
review of periodic reports

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

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

Review project accomplishments (performance measures completed, targets
achieved)
Document any progress towards self-sufficiency
Account for any approved Program Income earned and expended
Identify exemplary performance or best practices
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GoaI', To increase
laws effective
to reduce enforcement
fatal and andcrashes
serious injury adjudication of traffic safety-related
Strategies: Increase enforcement of traffic safety-related laws,

Increase public education and information campaigns.
Goal: To reduce the number of OWl-related crashes, injuries, and fatalities

Strategy: Increase enforcement of OWl laws.
x agree to the above goals and strategies.
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City of Irving
STEP - Impaired Driving Mobilization.- ,;
Law Enforcement Objective/PerformanceMeasure
Note:
Nothing in this agreement shall be interpreted as a requirement, formal
or informal, that a peace officer issue a specified or predetermined number
of citations in pursuance of the Subgrantee's obligations hereunder.
In addition to the STEP enforcement activities, the subgrantee must

maintain baseline non-STEP funded citation and arrest activity due to the
prohibition of supplanting

1. Number and type citations/arrests to be issued under STEP
a. Number of OWl arrests to be made during the Christmas/New Year's OWl
13
Operation
b. Number of OWl arrests to be made during the Spring Break OWl Operation 13
c. Number of OWl arrests to be made during the Independence Day OWl
13
Operation
d. Number of OWl arrests to be made during the Labor Day OWl Operation 13
2. Total Number of Enforcement Hours for Entire Grant Period
Step Indicator
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City of Irving
PI&E Objective/Performance Measure
1. Complete administrative and general grant requirements

a..Number of Performance Reports to be submitted 4
b. Number of Requests for Reimbursement to be submitted 4
2. SupportGrant effortswith a public informationand education(PI&E) program

a. Conducta minimumof one (1) presentationfor each DWI operationperiod 4
b. Conducta minimumof two (2) media exposures(e.g., news conferences,
8
news releases,and interviews)for each DWI Operationperiod.
c. Conducta minimumof one (1) communityevent (e.g., healthfair, traffic safety
booth)during the grant period 1

d. Producethe following numberof public informationand educationmaterialsif
0
applicable.
e. Distributethe following numberof public informationand educationmaterialsif
500
applicable.
- - ~ -
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Budget Summary
201o:rrv-i-ng-STEPIDM-oOO16
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Operational Plan
X I agree to the following
Comments
Site Description Jurisdiction Wide
Conductfocussed OWl saturation patrols within high risk

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

activities for each holiday period
Christmas/New Year's Wave

Pre-Media December 15, 2009 - December 17, 2009
Campaign
Enforcement December 18, 2009 - January3,2010
Period
Post-Media
Campaig n January 7,2010 - January 9,2010
Spring Break Wave

Pre-Media March 9, 2010 - March 11,2010
Campaign
Enforcement March 12,2010 - March 21, 2010
Period
Post-Media March 25, 2010 - March27, 2010
Campaign
Independence Day Wave

Pre-Media June 22, 2010 - June 24, 2010
Campaign
Enforcement June 25,2010 - June 30,2010
Period July 1,2010 - July 5,2010
Post-Media July 9,2010 - July 11,2010

Campaign
Labor Day Crackdown
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City of Irving
-
STEP 1m ired Drivin Mobilization
..
Pre-Me~ia August 17, 2010 - August 19, 2010 -)
Campaign
Enf?rcement August 20,2010 - September 6,2010
Period
Post-M~dia September 10, 2010 - September 12, 2010
Campaign
Description of Activities
Pre-MediaEfforts Conduct local media events immediately before the enforcement
Before effort to maximize the visibility of enforcement to the public. The
Enforcement media events tell the public when, where, how and why impaired
Periods: driving laws are being enforced.

Enforcement Intensify enforcement through coordinated saturation patrols in
Periods: an overtime STEP placing primary emphasis on increasing OWl
arrests and reducing the number of alcohol related traffic
crashes during peak holiday traffic.
Post-Media Efforts Conductlocal media events to tell the public why impaired
After Enforcement driving laws are important and the results
Periods: of the mobilization.
" "
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City of Irving
STEP - Impaired Driving Mobilization~,:-
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2010-lrving-STEP IDM-oOO16 Printed On:
11/17/2009
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6
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 2780

Recommending Department: Police LSR No: 10053
Resolution -- Authorizing the Mayor to Approve a Satellite Office Lease

Agreement
2. Impact: The use of a satellite office for Special Investigations personnel is
necessary in order to maintain anonymity.
3. The lease is for a period of 67 months beginning January 1, 2010.
4. The monthly lease amount is $4,000.00.
5. Funding in the amount of $48,000.00 is available in the Seized Narcotics Fund
Fund.
Recommendation
Contract Required: Yes Review Completed By: Jennifer Richie
ATTACHMENTS:
RES: Satellite Office Lease (PDF)

2052-0441-56701-200 Budget: $48,000.00 Actual: $48,000.00
Budget Adjustment/Transfer Required: No
Prepared: 7/8/2009 11:53 AM by Darlene Jenkins
Last Updated: 11/23/2009 03:58 PM by Darlene Jenkins
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6
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached lease agreement for satellite
office space in the amount of $4,000.00 per month for a period of 67 months, subject
to funds being appropriated in fiscal year budgets 2010-11, 2011-12, 2012-13, 2013-
14, and 2014-15, and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 2052-0441-56701-200.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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OFFICE/SHOWROOM/WAREHOUSE
LEASE AGREEMENT
(“Lease”)
This Lease is entered into by and between the Landlord and Tenant named below as of the last date
shown on the signature page. This Lease consists of the following: this document and any attached
exhibits (including floor plans, legal descriptions, site plans, premises layouts, guarantees or other items)
and any amendments or addendums that are now or in the future executed by the parties.
1. Definitions and Basic Provisions. The following definitions and basic provisions shall be used
in conjunction with this Lease which is an Industrial Gross Lease as defined in Paragraph 4b:
(a) “Landlord”, As described in Exhibit A
Attachment: RES: Satellite Office Lease (2780 : 04 Lease Agreement)

(b) “Tenant”: City of Irving, TX .
(c) “Premises”: As described in Exhibit B .
(d) “Lease term” 67 months and any partial calendar month as follows:
• Commencement date: Upon substantial completion of Tenant Improvements,
estimated to be January 15th, 2010. .
• Expiration date: 67 months and any partial calendar month following
Commencement. .
(e) Rental per month:
• “Basic Rental” 3 Months Free Rent
Months 4-15: $3,616.67/month
Months 16-27: $4,391.67/month
Months 28-29: Free Rent
Months 30-41: $4,391.67/month
Month 42: Free Rent
Months 43-54: $4,650/month
Month 55: Free Rent
Months 56-67: $4,650/month
• “Base Year”: 2010 .
• “Utility Charges”: Electric and/or gas are separately metered. Tenant shall
promptly establish accounts for these services in Tenant’s name following
issuance of a Certificate of Occupancy. Water is not separately metered, and will
be billed to Tenant at a rate of $75/month .
• Total initial monthly payment: $3,691.67 (Due upon lease execution) .
(f) “Security deposit”: Waived .

(g) “Permitted use”: Office / Warehouse .
(h) Special Provisions:
a. Tenant accepts the Premises in its as-is condition, except that: 1) Landlord shall place
all HVAC, lighting, electrical, and plumbing systems in working condition at Lease
commencement; 2) Landlord shall provide Tenant with a turn-key finish out based upon
the following improvements:
1. New Paint Throughout;
2. New Carpet throughout (including back area, but not in warehouse);
3. A cased opening between break room and office;
4. Building standard cabinets in break room;
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5. Water-line for refrigerator in break room;

6. New toilets for both bathrooms;
7. Blinds for the entire front area; and
8. Replace any damaged or water stained ceiling tiles.
b. Tenant shall have the right to install, at Tenant’s cost, a sign above their suite, subject to
Landlord approval regarding design, size, and location.
c. Provided Tenant is not in default under the Lease, Landlord will provide Tenant with one
(1) five (5) year option to renew the Lease hereof at the then prevailing market rate
including market concessions. Tenant must provide written notice of renewal during the
61st month of the Lease term.
d. Landlord will designate 6 parking spaces for Premises, however Landlord shall not be
responsible for enforcing who parks in these spaces.
e. Tenant may terminate this Lease after month 27, 41, or 54. Tenant must provide
termination notice during month 24, 38, or 51, respectively, along with a penalty of 1
month Rent, plus any unamortized Tenant Improvement Costs and Leasing

Commissions. See attached Schedule A for Termination Penalty amounts
f. Tenant shall also have the ongoing right to terminate the Lease after month 27 in
months not listed in subparagraph e., upon sixty (60) days written notice along with a
penalty of 5 months Rent, plus any unamortized Tenant Improvements and Leasing
Commissions. See attached Schedule A for Termination Penalty amounts.
g. Landlord will provide Tenant with all existing drawings, plans and specifications required
for Tenant’s occupancy at no cost.
h. Landlord covenants not to release the name of the Tenant or the use of the Premises to
third parties, and not to name Tenant on any sign or directory.
i. Tenant will provide Landlord with a copy of any relevant City Council approvals that are
related to this Lease.
j. If this Lease is executed, then Landlord agrees to pay a real estate commission to
Colliers International, per a separate agreement.
k. Landlord will, at Landlord’s cost, replace the nonfunctional HVAC unit prior to
Commencement. Additionally, Landlord shall have the remaining 2 units serviced and/or
repaired if necessary, and shall have 3 programmable thermostats installed. Provided
that Tenant maintains the HVAC units per Paragraph 8 of this Lease, then Landlord
agrees to reimburse Tenant for the expense of replacing a second HVAC unit, if and
when a replacement is necessary. Replacement of a third HVAC unit shall be at
Tenant’s sole expense.
l. If this Lease Agreement is not executed in full on or before 12-31-09, then it shall be null
and void.
(i) Addresses and contact information of the parties: See Exhibit A.
2. Lease Grant. Landlord, in consideration of: (i) the Basic Rental, (ii) all other sums to be paid by
Tenant under this Lease (“Additional Rental”) and (iii) the other covenants and agreements to be
performed by Tenant; hereby leases, demises and lets to Tenant the Premises (as defined in paragraph
1(c) and Exhibit B) on the terms and conditions stated in this Lease commencing on the commencement
date (as defined in paragraph 1(d), or as adjusted as provided below) and ending on the expiration date,
unless sooner terminated as provided in this Lease. If this Lease is executed before the Premises become
vacant, or otherwise available and ready for occupancy, or if any present tenant or occupant of the
Premises holds over, and Landlord cannot acquire possession of the Premises prior to the commencement
date of this Lease, Landlord shall not be deemed to be in default hereunder for a period of sixty (60) days
after the Commencement Date, and Tenant agrees to accept possession of the Premises at such time as
Landlord is able to tender the same, so long as such delivery is no later than sixty (60) days after the
Commencement Date, and such date shall be deemed to be the commencement date and this Lease shall
continue for the Lease term described in paragraph 1(d) above. Landlord waives payment of rent covering
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any period prior to the rendering of possession of the Premises to Tenant. If the Landlord is unable to
deliver possession within sixty (60) days after the Commencement Date of this Lease, Tenant may
terminate the Lease and will not be held liable for Rent. If Tenant occupies the Premises prior to the
commencement date specified in paragraph 1(d), the commencement date shall be altered to coincide with
said occupancy and the ending date of the Lease remaining unchanged. Tenant is responsible for
obtaining, at its expense, a certificate of occupancy for the Premises. Tenant shall promptly apply for the
certificate of occupancy and diligently pursue all necessary approvals required to occupy and use the
Premises for the purpose set out in this Lease. By occupying the Premises, Tenant shall be deemed to
have acknowledged that the Premises (i) are suitable for Tenant’s intended purpose (ii) are in good
operating condition and (iii) comply fully with Landlord’s obligations under this Lease.
3. Rent. Tenant shall pay to Landlord without demand, deduction or set off, for each month of the
entire Lease term Basic Rental, the Common Area Maintenance Fee and Utility Charges (Tenant’s share
of commonly billed utilities) (all as set out in paragraph 1) (referred to collectively as “Rent”). Payments are
due at Landlord’s then current physical location or at the Post Office Box designated by Landlord in writing

from time to time. Until further notice, payments are due at the address set out in this Lease document.
Tenant shall, contemporaneously with the execution of this Lease, pay Landlord the following: (i) the
security deposit set out in paragraph 1(f) above and (ii) an initial full months installment of rent (as defined
in paragraph 1(e)). A monthly installment in the amounts defined in paragraphs 1(e) above shall be due
and payable on or before the first day of each succeeding calendar month during the Lease term. Rent for
any fractional month at the beginning or end of the Lease term shall be prorated. The security deposit shall
be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant’s
covenants and obligations under this Lease, it being expressly understood that the deposit shall not be
considered an advance payment of any rental or a measure of Landlord’s damages in case of default by
Tenant. If Tenant fails to timely pay any sums due under this Lease or defaults in its obligations under this
Lease, Landlord may, from time to time, without prejudice to any other remedy, use the security deposit to
the extent necessary to make good any arrearages of Basic Rental, Common Area Maintenance Fee,
Utility Charges, Additional Rental or any, damage, injury, expenses or liability to Landlord. Following any
such application of the security deposit, Tenant shall immediately pay to Landlord, on demand, the amount
so applied in order to restore the security deposit to its original amount. 30 days after termination of this
Lease and vacating of the Premises by Tenant, Landlord shall return any remaining balance of the security
deposit to Tenant so long as Tenant has fully performed its obligations under this Lease and provided
Landlord with written notice of its forwarding address. If Landlord transfers its interest in the Premises
during the Lease term, Landlord may assign the security deposit to the transferee and thereafter shall have
no further liability for the return of such security deposit.
Time is of the essence as to all required payments by Tenant under any provision of this Lease. If
any monthly installment of Basic Rental, the Common Area Maintenance Fee, or the Utility Charge is not
received by the Landlord on or before the 5th day of the month for which said monthly rental installment is
due, a service charge of 10% of the delinquent installment shall become due and payable in addition to the
monthly installment owed. The date that a check is dated or mailed is not relevant in determining Tenant’s
liability for a late fee; Landlord’s accounting records are the determining record of the date of receipt of a
rent payment. The service charge is for the purpose of reimbursing Landlord for the extra costs and
expenses incurred in connection with the handling and processing of late monthly rental. If the delinquent
amount is not paid by the 1st day of the following month, then the delinquent amount (not including the
service charge) shall bear interest at the lesser of: (1) 18 per cent per annum, or (2) the maximum lawful
contract rate. Such interest shall begin to accrue on the 1st of the month following the delinquency and
continue until payment of the delinquent amount is made.
If any check that is tendered to Landlord by Tenant for any charges due under this Lease is
returned to Landlord by Tenant’s financial institution for any reason (including but not limited to absence of
Tenant’s signature, insufficient funds, stop payment, or closed account) then, in addition to any other
liability of Tenant for the amount of the check, Tenant shall be liable to Landlord for a service fee of $50.00
for each returned check. Landlord has no obligation to redeposit any check that is returned for any reason
and Tenant shall immediately cure the non-payment that has resulted from the returned check. If Landlord
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receives 2 or more returned checks during the term of this Lease, then Landlord may require that all future
payments from Tenant be made by cashiers check.
4) Common Area Maintenance Fee.
(a) Definition. “Project Operating Costs” include all costs related to the Project that are not
specifically allocated to Landlord or Tenant under this Lease. Project Operating Costs include but are not
limited to the following: maintenance of the Common Areas (such as landscape and irrigation systems;
exterior lighting, signage, and related utilities; and parking lot cleaning and repairs; painting; any utility
charges (if not separately metered or otherwise billed to Tenant in accordance with paragraph 5 below);
building and roof repairs; real property taxes, assessments and similar government charges and fees;
property management fees; Landlord’s insurance program (including but not limited to fire, casualty and
third party liability coverage); and trash collection (to the extent Landlord elects from time to time to provide
for trash collection as a project cost rather than having Tenant responsible for its own trash removal or
treating trash removal as a common utility cost that is allocated to tenants within the Project).

(b) Industrial Gross Lease. If paragraph 1 provides that this is an Industrial Gross Lease, Basic
Rental payable under paragraph 1(e) was established by taking into account Project Operating Costs
estimated to be incurred during the calendar year in which the Lease commences (“Base Year”). If such
Project Operating Costs for any succeeding calendar year during the Lease term exceed Project Operating
Costs for the Base Year, Tenant shall pay to Landlord, as Additional Rental, Tenant’s share of such
increase for the year in question. Tenant’s share is called the Common Area Maintenance Fee and is
based on Tenant’s Proportionate Share (pro rated if appropriate due to partial occupancy during the year)
times the amount of the increase. The portion of Project Operating Costs attributable to items reasonably
within the control of the Landlord (“Controllable Expenses”), such as maintenance of the Common Areas,
shall be subject to a cap on increases over the Lease Term of 10% per annum on a cumulative basis, and
any amount in excess thereof shall be excluded from Additional Rental. However, in no event, shall the
foregoing limitation be applicable to costs incurred by the Landlord for taxes, insurance premiums, or
utilities. Beginning on January 1 of the calendar year next following any year in which Tenant is obligated
to pay increases as set out above, the total monthly payment set out in paragraph 1(e) shall be adjusted by
an amount equal to: Landlord’s estimate of the Tenant’s Common Area Maintenance Fee for the then
current year divided by the remaining months under the then current year. After the end of every calendar
year Landlord will deliver to Tenant a statement including (i) the previous calendar year’s actual Project
Operating Costs (ii) the adjustment, if any, reflecting the Additional Rental paid, and (iii) the net amount
due Landlord or due to be reimbursed to Tenant; provided, however, in no event shall the total monthly
payment ever be less than the Basic Rental specified in paragraph 1(e).
(c) Net Lease. [Intentionally Deleted]
(d) Common Area Maintenance Fees and all adjustments due under this paragraph 4 based on year
end reconciliation of actual Project Operating Costs to the Common Area Maintenance Fees actually
collected shall constitute Additional Rental. Landlord shall promptly calculate any adjustment to the
Common Area Maintenance Fee under this paragraph and communicate the calculations to Tenant.
Payments due as a result of calculations of adjustments are payable within 30 calendar days. Landlord
may apply all or part of Tenant’s security deposit to pay for any amounts due to Landlord. Following any
such application, Tenant shall, on demand, pay to Landlord the amount so applied in order to restore the
security deposit to the original amount.
(e) Notwithstanding any expiration or termination of this Lease prior to the Lease expiration date,
Tenant’s obligation to pay any and all Additional Rental that has accrued prior to the Lease expiration or
termination under this Lease shall continue and shall cover all periods up to the Lease expiration date.
Tenant’s obligation to pay any and all Additional Rental that has accrued prior to the Lease expiration or
termination under this Lease and the obligation to make the adjustments referred to in this paragraph 4
shall survive any expiration or termination of this Lease.
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5. Utilities and Services.
(a) Utilities include the following: Water, wastewater, storm water, trash removal, gas, and
electrical power. Tenant is responsible for paying the cost of all utilities that are provided to the Premises
whether or not the utility accounts are directly set up in Tenant’s name or are paid by Landlord. If any
utilities used by the Premises are billed to Landlord rather than to Tenant, then Tenant shall reimburse
Landlord for such costs by paying a Utility Charge in addition to Basic Rental. Upon initial occupancy of
the Premises, Landlord agrees to make the following utilities and installed fixtures available to the
Premises at Landlord’s sole cost and expense (i) water (including waste water disposal and storm water
removal); (ii) air conditioning and heating units in existing locations and configurations; (iii) electric service
and outlets; (iv) electrical lighting service for the exterior entrances and parking areas; and (v) natural gas
service (if available within the project). Unless specifically provided in the special provisions of this Lease,
Landlord has no obligation to alter the condition of any installed equipment or modify the capacity or
configuration of utility service from that that exists on the date this Lease is signed. Landlord may, at its

election, provide for routine trash removal services to the Premises or the Project from time to time. If
trash removal services are provided, the costs will be treated either as Project Operating Costs and
handled under paragraph 4 or billed to Tenant on a pro rata basis under this paragraph 5. In no event is
Landlord responsible for any removal of any hazardous wastes or other regulated substances. All such
utilities and services shall be in the size and configuration existing as of the date of this Lease and Tenant
accepts such configuration and sizes as adequate. For any utilities that are separately billed to the
Premises, Tenant shall continuously maintain an active account with all utility service providers to the
Premises and such services must remain turned on until Landlord has inspected the space and this Lease
has terminated.
(b) If the accounts for electricity, water, wastewater, storm water removal, gas, trash removal or any
other utility in the Premises are separately metered Tenant shall, at its expense, arrange for those utility
accounts to be set up in Tenant’s name as of the commencement date and shall promptly pay the cost of
all utilities billed to those accounts until the later of: (i) expiration of this Lease or (ii) completion of
Landlord’s final inspection of the Premises after Tenant vacates the Premises. Tenant shall also
separately pay for janitorial services within the Premises. If any utilities are billed in common for all or part
of the project, Landlord shall invoice Tenant for its pro rated share of such utilities and Tenant shall
promptly pay such charges to Landlord. Landlord may estimate Tenant’s share of any commonly billed
utility expenses for the current calendar year and provide Tenant with a monthly Utility Charge that Tenant
shall pay in addition to Basic Rental. Landlord’s initial estimate of commonly billed utility expense is set out
in paragraph 1 above. After the end of each calendar year during the term of the Lease, Landlord will
make a final adjustment in utility billing to reflect the actual utility expense and Tenant will be billed or
credited as appropriate. Tenant shall pay any sums owing for utilities within 30 calendar days of being
billed by Landlord.
(c) Landlord shall have no liability for any impairment of any utility or other services to the Premises
resulting from any stoppage, interruption or inadequacy. If there is any such impairment of utility or other
services, Landlord shall not be liable for any resulting damages to either person, property or business
operations and the impairment shall not: (i) constitute an eviction of Tenant, (ii) entitle Tenant to any
abatement or reduction of Basic Rental, Common Area Maintenance Fees, Utility Charges, Additional
Rental or any other charges due under this Lease, or (iii) relieve Tenant of any of Tenant’s obligations
under this Lease. Should the impairment of utility or other services be due to the Landlord’s gross
negligence and exceed 30 days, and Landlord has not commenced to cure the impairment of utilities, then
the Tenant may terminate the Lease without penalty and all future Rent obligations shall cease. If the
impairment of utility or other services be due to the Landlord’s gross negligence and the Landlord is
diligently attempting to cure the impairment of utilities, then Tenant must wait 60 days before Tenant may
terminate the Lease without penalty and all future Rent obligations shall cease. Should the impairment of
utility or other services be due to the negligence of the Landlord and exceed 90 days, the Tenant may
terminate the Lease without penalty and all future Rent obligations shall cease. Should the impairment of
utility or other services be due to no fault of the Landlord and exceed 180 days, the Tenant may terminate
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the Lease with a penalty that is equal to 50% of the amount required in Tenant’s termination option, as
described in Paragraph 1 (h).
6. Leasehold Improvements. Landlord has made no representations or warranties express or

implied as to the condition of the Premises (including any equipment or systems), the building or the
Project within which the Premises are located. Landlord has no obligation to remodel, repair or decorate,
except as expressly set forth in this Lease. Tenant acknowledges that it is accepting the Premises in their
“as is” condition as of the occupancy date.
7. Use. Tenant shall use the Premises only for the permitted use (as defined in paragraph 1(g)
and/or in Exhibit A). Tenant will not occupy or use the Premises, or permit any portion of the Premises to
be occupied or used for any business or purpose other than the permitted use or for any use or purpose
which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on
account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on
the building or contents. If Tenant’s occupancy causes any increase in the rate of insurance on the

Premises Tenant agrees to pay to Landlord the amount of such increase on demand and such increase
shall be Additional Rental. Tenant will conduct its business and control its vendors; subcontractors;
agents; employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy
or disturb other tenants or the Landlord in management of the Premises or the Project. Tenant will
maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances,
orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction
thereof) with reference to use, condition or occupancy of Premises. Tenant shall not, without the prior
express written consent of the Landlord do any of the following: (i) install or remove: partitions, electrical
system components, or any part of the ceiling system (except for replacing damaged ceiling tiles), (ii) alter
the plumbing fixtures, (iii) install or modify HVAC components (except for any required repairs), (iv) paint,
install lighting or decoration, or install any signs, window or door lettering or advertising media of any type
on or about the Premises. Access to the roof of the Premises is strictly limited to maintenance and repair
activity by Landlord or qualified repair contractors approved in advance by Landlord. Tenant (including its
employees, vendors, subcontractors, agent and invitees) shall make no penetrations of the roof, party walls
or exterior walls for any reason without Landlord’s advance written consent. All alterations to the Premises
that are approved by Landlord shall be maintained in good repair and operating condition.
8. Repairs and Maintenance.
(a) By Landlord: Except for reasonable wear and tear Landlord shall, at its expense, maintain in good
repair and condition only the following portions of the building: the foundation, and the structural soundness
of the exterior walls (excluding all windows, window glass, plate glass, and all doors). Repairs to the roof
are a part of common area maintenance, but replacement of the roof is a Landlord expense. Tenant shall
give immediate written notice to Landlord of any apparent need for repairs by Landlord; Landlord shall
promptly perform any repairs that Landlord in its reasonable judgment determines are necessary. Tenant
shall have no claim for abatement of rent or damages (to persons, property or business operations) on
account of the failure of or repair to any item that is Landlord’s obligation under this Lease. Landlord’s
liability for repairs shall be limited to the direct cost of the repair work. If Landlord fails to properly and
promptly repair conditions for which the Landlord is responsible, Tenant may, after 180 days and at its sole
discretion, make the required repair and invoice Landlord, so long as the costs of the repair are
reasonable. For any repair of a condition for which the Landlord is responsible and that causes a business
interruption to Tenant, Tenant may make the required repair after attempting to contact the Landlord and
invoice Landlord, so long as the costs of the repair are reasonable
(b) By Tenant: Tenant shall at its expense and risk continuously maintain all other parts of the Premises
and other improvements on the Premises in good repair and condition, including but not limited to: pest
control, repairs (including all necessary replacements) to the plumbing, windows, window glass, plate
glass, electrical fixtures (such as lights, plugs, switches, wiring and breaker panels), interior and exterior
doors (including hardware and locks), heating, ventilation and air-conditioning equipment, fire protection
sprinkler system (if installed), and the interior of the Premises in general (such as walls, carpets, and
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ceiling tiles). All warranties and guarantees in effect on any of the items mentioned above will be for
Tenant or Landlord’s use as applicable. If any item for which Tenant is responsible is inoperable for any
reason, Tenant shall promptly repair the item without regard to whether or not the items operation is
currently essential to the particular use of the Premises by Tenant. If Tenant fails to properly and promptly
maintain the Premises, Landlord may, after 10 days notice, elect to cause repairs or corrections to be
made for the account of Tenant and the resulting costs be payable by Tenant to Landlord as Additional
Rental on the next rental installment date. No notice is required if Landlord, in its sole judgment,
determines that immediate repair action is necessary.
(c) Tenant, at Tenant’s sole cost and expense, shall during the term of this Lease and any
extensions thereof maintain a preventative maintenance service agreement on the HVAC system
for the Premises with a HVAC contractor from time to time designated by the Tenant with the
Landlord’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed. .
The service agreement, shall, at a minimum, provide for filter replacement (on a frequency recommended
by the contractor, but at least quarterly) and inspection of belts and safety controls; bi-annual cleaning of

the condenser coils (or more frequently if dictated by local conditions and experience, adjustment and
calibration of thermostats and checking of refrigerant operating pressures and temperatures; and annual
checking of heating systems and checking, adjusting and lubricating of bearings and drives as required. A
copy of the service agreement shall be provided to Landlord.
9. Alterations and Improvements. At the end or other termination of this Lease, Tenant shall
deliver up the Premises with all improvements, equipment, fixtures and property (except as otherwise
provided in this Lease) in good repair and condition, reasonable wear and tear excepted, and shall deliver
to Landlord all keys and security system codes and accounts to the Premises. Tenant shall pay the cost of
any repair necessary to restore the Premises to the condition in which they are to be delivered by Landlord.
Tenant will not make or allow to be made any alterations or physical additions in or to the Premises without
the prior written consent of Landlord. All alterations, additions or improvements (whether temporary or
permanent in character) made in or upon the Premises either by Landlord or by Tenant with Landlord’s
consent shall be Landlord’s property on termination of this Lease and shall remain on the Premises without
compensation to Tenant; provided however, that if Landlord has specified that such alterations, additions
or improvements shall be removed at the end of the Lease term, then Tenant shall do so. All furniture,
moveable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination
of this Lease if Tenant so elects and shall be so removed if required by Landlord, or if not so removed
shall, at the option of the Landlord, become the property of Landlord or Landlord may require removal at
Tenant’s risk and expense. All such installations, removals and restoration shall be accomplished in a
good workmanlike manner so as not to damage the Premises or the foundation, structure, roof, walls,
interior partitions, utility lines, plumbing, electrical lines or other utilities.
10. Common Areas. Common Areas of the Project are for the use of all tenants and include, but
are not limited to the following: parking areas (to the extent not reserved for a particular tenant),
landscaping, loading areas, sidewalks, malls, promenades, common area restrooms, corridors, curb cuts
and entrance drives. The use and occupation by Tenant of the Premises shall include the right to use
Common Areas in common with the other tenants of the Project. Landlord may designate changes in the
description of Common Areas. Tenant access to Common Areas does not include any access to the
exterior windows, walls, roof access ladders or rooftops to the buildings in the Project. Access to roof tops
is limited to performance of necessary repairs and maintenance for roof top equipment and improvements.
All roof areas and Commons Areas shall at all times be subject to the exclusive control and management
of Landlord and Landlord shall have the right from time to time to establish, modify and enforce reasonable
rules and regulations with respect to all facilities and Common Areas designated by Landlord. Landlord
may, at its election: construct, maintain, and operate signage and lighting facilities on all Common Areas
and improvements, provide for routine or special cleaning, from time to time change the area, revise the
location level and arrangement of parking areas and other facilities (including location of dumpsters and
configuration of parking spaces), and restrict parking by tenants, their officers, agents, and employees to
employee parking areas.
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All Common Areas and facilities not within the Premises, which Tenant may be permitted to use
and occupy, are to be used and occupied under revocable license and if the amount of such areas be
diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or
diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual
eviction.
11. Assignments and Subletting. Tenant shall not assign or in any manner transfer its rights,
estate or interest under this Lease or sublet the Premises or any part of the Premises, or grant any license,
concession or other right of occupancy of any portion of the Premises without prior express written consent
of the Landlord, which consent shall not be not be unreasonably withheld or delayed. Consent by Landlord
to one or more assignments or subletting shall not operate as a waiver of Landlord’s rights as to any
subsequent assignments and subletting. Notwithstanding any assignment or subletting, Tenant and any
guarantor of Tenant’s obligations under this Lease shall at all times remain fully responsible and liable for
the payment of the rent and for compliance with all of Tenant’s other obligations under this Lease. If
Landlord deems the credit of the Assignee to be equal to or greater than that of the Tenant, then Tenant

shall be released from any further obligation to Landlord under this Lease and Landlord agrees to look
solely to such successor in interest of the Tenant for performing any Tenant obligations. If Landlord
assigns or transfers its interest in this Lease or the Premises, Landlord shall automatically be released
from any further obligation to Tenant under this Lease and Tenant agrees to look solely to such successor
in interest of the Landlord for performance of such obligations. Tenant shall not mortgage, pledge or
otherwise encumber its interest in this Lease or in the Premises.
12. Indemnity. Landlord shall not be liable for and Tenant will indemnify and save harmless
Landlord and Tenant shall not be liable for and Landlord will indemnify and save harmless Tenant of and
from all fines, suits, claims, demands, losses and actions (including attorneys’ fees) for any injury, loss or
damage to person or property on or about the Premises caused by: (i) the other’s negligence, gross
negligence, recklessness, intentional misconduct or breach of this Lease; (ii) the other’s vendors, agents,
employees, subtenants, invitees or by any other person entering the Premises or the Building under
express or implied invitation of Tenant; or (iii) arising out of or related to each other’s use of the Premises.
Landlord and Tenant shall not be liable or responsible for any loss or damage to any property or bodily or
personal injury to any person occasioned by: theft; fire; storm; flood; Act of God; public enemy; injunction;
riot; strike; insurrection; war; court order; requisition by governmental body or authority; other tenants of the
Premises; or any other matter beyond their control.
13. Mortgages. Tenant accepts the Premises subject to: (i) any deeds of trust, security interests
or mortgages which might now or in the future constitute a lien on all or part of the Premises or the Project
(ii) all governmental regulations relating to the use of the Premises (including zoning ordinances, building
and fire codes, and all laws or regulations that apply to environmental compliance. Tenant shall at any
time following execution of this Lease execute any agreements, instruments, releases or other documents
(subordination agreements) that may be required by any lender to Landlord for the purpose of subjecting
and subordinating this Lease (and any interest of Tenant in the Premises) to the lien of any deed of trust,
security interest or mortgage affecting the Premises. Such subordination agreements may, at lender’s
election, include a provision providing for continuation of this Lease following the lender’s exercise of any
remedy against Landlord and further providing that lender’s liability under this Lease will be limited to times
following its taking title or possession of the Premises. Subordination Agreements shall be signed by
Tenant and returned to Landlord or any lender within a reasonable time after receipt. Landlord, at its sole
option, may waive the applicability of this paragraph 13 so that this Lease will not be subject and
subordinate to any such deed of trust, security interest or mortgage.
14. Required Insurance. Landlord shall maintain insurance policies that insure the improvements
on the Project (including the Premises) against loss due to fire and such other hazards as Landlord may
determine from time to time. Such insurance may be in amounts and have deductibles that Landlord may
from time to time elect. Landlord shall not be obligated to insure any personal property, fixtures, trade
equipment, or inventory that may be placed from time to time on the Premises. In addition, Landlord has no
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obligation to insure any improvements that Tenant may make to the Premises such as initial tenant space
finishes (including carpet, drop ceiling, interior partitions, etc.) or subsequent additions or improvements by
Tenant (whether or not approved by Landlord).
Tenant shall, at its sole cost and expense, procure and maintain throughout the term of this Lease a
Commercial General Liability insuring both Tenant and Landlord against property damage, bodily injury,
personal injury or medical expenses occasioned by or arising out of or in connection with the use or
occupancy of the Premises. The policy shall (i) be in an amount not less than $1,000,000.00 combined
single limit (ii) be written on an occurrences basis, (iii) contain an endorsement that deletes any contractual
liability exclusion, (iv) be evidenced by a certificate of insurance satisfactory to Landlord that obligates the
insurer to provide Landlord at least ten (10) days prior to cancellation or non renewal of such insurance.
Tenant shall at all times maintain workers compensation and employers liability insurance on all its
employees. The coverage shall comply with current statutory requirements. Existence of insurance, if
any, shall not create or extend liability beyond that provided in Texas Civil Practice and Remedies Code

Chapter 101.
15. Right of Entry. If reasonably possible, Landlord and its representatives will attempt to contact
Tenant prior to entering the Premises, however Landlord and its representatives shall have the right to
enter into and upon any and all parts of Premises in order to deal with emergency situations. Such entry
shall not entitle Tenant to any abatement or reduction of rent and shall not be deemed to be an actual or
constructive eviction. . Landlord’s right of entry under this paragraph does not imply any duty on the part of
Landlord to take any actions whatsoever with regard to the Premises; such obligations, if any, are set out
elsewhere in this Lease.
16. Condemnation. During the term of this Lease (including any extension or renewal), if all or
part of the Premises or the Project are taken for any public or quasi-public use under any governmental
law, ordinance or regulation or by right of eminent domain (including private purchase in lieu of
condemnation) this Lease shall terminate and the rent shall be abated for the balance of the Lease term,
effective on the date physical possession is taken by the condemning authority. Tenant shall have no claim
against Landlord for the value of any remaining term of this Lease.
If a portion but not all of the Premises or Project shall be taken as described above and the partial
taking or condemnation renders the Premises reasonably unsuitable for Tenant’s business, the Tenant
may terminate the Lease without penalty and all future Rent Obligations shall cease. If Tenant does not
terminate the Lease, then Landlord may, in its sole discretion, elect to either (i) terminate this Lease or (ii)
at Landlord’s sole risk and expense, restore and reconstruct the Premises or Project to the extent
necessary to make same reasonably tenantable. If Landlord elects to restore the Premises or Project, this
Lease shall continue in full force and effect with the rent payable during the remaining portion of the term
being adjusted to such an extent as may be fair and reasonable under the circumstances. Tenant shall
have no claim against Landlord for the damage, injury or impaired leasehold value that results from any
interrupted portion of this Lease.
In the event of any total or partial condemnation or taking Tenant shall not be entitled to any part of
the award or price paid in lieu thereof, and Landlord shall receive the full amount of such award or price.
Tenant hereby expressly waives any right or claim to any part of the condemnation proceeds or payments
made in connection with a sale in lieu of condemnation.
17. Fires or Other Casualty. Tenant shall promptly notify Landlord of any damage to the
Premises or the Project by reason of vandalism, break in, storm, fire or any other casualty. If the Premises
or Project are (i) totally destroyed by fire, tornado, wind storm or other casualty or (ii) so damaged that
rebuilding or repairs cannot be completed within ninety (90) days after the date of such damage, either
Landlord or Tenant may, at its option, terminate this Lease. Such election must be made within 15 days
after the scope of the casualty is determined and termination shall be effective as of the date of the
casualty and rent shall abate as of that date. If Landlord’s insurance covers the damage, and either (i)
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rebuilding or repairs can be completed within ninety (90) days after the date of such damage, or (ii) the
repairs require longer than 90 days (but both Landlord nor Tenant have waived the right to terminate this
Lease), then Landlord shall, within (30) days after the date of such damage, commence to rebuild or repair
the Premises or the Project. The restoration shall proceed with reasonable diligence to restore the
Premises or Project to substantially the same condition in which it was immediately prior to the casualty,
but Landlord shall not be obligated to rebuild, repair or replace any part of the furniture, equipment, fixtures
and other improvements which may have been placed by Tenant or other tenants within the Project or the
Premises. Landlord shall allow Tenant a prorated diminution of Rent based on (i) the number of days and
(ii) percentage of the leased area are not that are not available for Tenant’s use.
If any deed of trust, security agreement or mortgage on the Premises or the Project requires that the
insurance proceeds be used to retire the mortgage debt, Landlord shall have no obligation to rebuild and
this Lease shall terminate upon notice to Tenant and all future Rent obligations shall cease. Any insurance
that may be carried by Landlord or Tenant against loss or damage to the Project or to the Premises shall
be for the sole benefit of the party carrying such insurance and under its sole control.

18. Holding Over. After the expiration of the term of this Lease if Tenant, or any of its successors
in interest, continues to occupy any portion of the Premises then a tenancy from month to month will be
created. Monthly rent during the holdover period will be 150% of the monthly Basic Rental in effect prior to
the end of the Lease term plus any Common Area Maintenance Fee, Utility Charge or other applicable
reimbursement or Additional Rental. Nothing in this paragraph or otherwise constitutes an agreement by
Landlord to permit any holding over after the end of the term.
19. Taxes on Tenant’s Property. To the extent allowed by law, Tenant shall be liable for all taxes
levied or assessed against personal property, furniture, or fixtures placed by Tenant in the Premises. If
any such taxes for which Tenant is liable are levied or assessed against Landlord or Landlord’s property
and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by
inclusion of personal property, furniture or fixtures placed by Tenant in the Premises, and Landlord elects
to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such
taxes for which Tenant is primarily liable.
20. Events of Default. The following events shall be deemed to be events of default under this
Lease:
(a) Tenant fails to pay any required installment of Basic Rental, Common Area Maintenance Fee,
Utility Charges, or other Additional Rental or any other charges due under this Lease and such failure shall
continue for a period of ten (10) calendar days. Payments are effective only when the check is actually
received by Landlord without regard to the date on the check or the date the check was mailed.
(b) Tenant or Landlord, within either party’s power, fail to comply with any term, provision or
covenant of this Lease, other than the payments described in subsection (a) above, and do not cure such
failure within ten (10) calendar days after written notice of the noncompliance is sent to the defaulting party,
if no other cure period is provided in the Lease. No such failure, however, will be deemed to exist if the
party has commenced to cure the default within such period and provided such efforts are prosecuted to
completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond
the reasonable control of the party. Cure notices sent under this paragraph 20 (b) are effective on the
sooner of the following: (i) the date a notice sent by certified or registered mail is signed for or refused by
the addressee or delivery of such notice is not possible because the addressee has moved, (ii) the date
that a notice is actually delivered to Tenant at the Premises or posted on the main entry to the Premises or
sent to Landlord at the contact address provided in the Lease.
(c) Tenant or Landlord suffers material financial deterioration as evidenced by any of the following:
1. An assignment for the benefit of creditors.
2. Filing a petition under any section or chapter of the National Bankruptcy Act, as
amended, or under any similar law or statute of the United States or any state.
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3. Adjudgement bankrupt or insolvent in legal proceeding filed against Tenant and such
adjudication is not be vacated or set aside within thirty (30) days.
4. The appointment of a receiver or Trustee for all or substantially all of the assets of the
party and such receivership is not terminated within thirty (30) days.
(d) Tenant repudiates its obligations under this Lease or deserts, vacates or abandons any
substantial portion of the Premises and Tenant fails to pay rent.
(e) Tenant or any of the principals of Tenant has provided Landlord or any of its agents with false or
incomplete information on any application to rent the Premises.
21. Remedies. Upon the occurrence of any event of default by Tenant specified in paragraph 20,
Landlord shall have the option to pursue any one or more of the following remedies without any notice or
demand whatsoever:

(a) Terminate this Lease in which event Tenant shall immediately surrender the Premises to
Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may
have for possession or arrearages in rent, enter upon and take possession and expel or remove Tenant
and any other person who may be occupying all or part of the Premises, by force if necessary, without
being liable for prosecution or any claim of damages. Tenant agrees to pay to Landlord on demand the
amount of all loss and damage which Landlord may suffer by reason of such termination, whether through
inability to rent the Premises on satisfactory terms or otherwise, including the loss of rental for the
remainder of the Lease term.
(b) Enter upon and take possession of the Premises and expel or remove Tenant and any other
person occupying all or part of the Premises, by force if necessary, without being liable for prosecution or
any claim for damages, but without terminating this Lease. If Landlord reenters the Premises and takes
possession by changing the locks, Tenant remains liable for all required payments under this Lease. If
Landlord takes possession of the Premises by locking Tenant out under the terms of this Lease, Landlord
has no obligation to make new keys available other than during the Landlord’s normal business hours and
Tenant shall have no right to regain the new keys to the Premises or the right of possession unless
approved in writing by Landlord on terms acceptable to Landlord in its sole discretion. If Landlord elects, it
may lease the Premises to a replacement tenant on such terms as Landlord shall deem advisable and
receive all resulting rent. Tenant agrees to pay to Landlord on demand any deficiency that may arise by
reason of such releasing for the remainder of the Lease term. In determining such deficiency, Landlord
shall be entitled to charge Tenant with all related costs and damages including but not limited to the
following: (i) all costs of reentry, cleaning, repair, restoration or redecoration necessary to prepare the
Premises for the releasing, (ii) all brokers commissions due in connection with releasing, (iii) attorneys fees
charged in connection with the Tenant’s default, and (iv) all Basic Rental, Common Area Maintenance
Fees, Utility Charges and Additional Rental and other charges due under this Lease. Credit will be given
toward Tenant’s delinquency to the extent of net cash proceeds of the releasing only to the extent actually
received by Landlord for a period of time that is within the term of this Lease.
(c) Enter upon the Premises by force if necessary, without being liable for prosecution or any claim
for damages, and do whatever Tenant is obligated to do under the terms of this Lease; and Tenant agrees
to reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance
with Tenant’s obligations under this Lease, and Tenant further agrees that Landlord shall not be liable for
any damages resulting to the Tenant from such action.
No re-entry or taking possession of the Premises by Landlord shall be construed as an election on

its part to terminate this Lease, unless an express written notice of such intention is given to Tenant.
Upon the occurrence of any event of default by Landlord specified in paragraph 20, and if Landlord
fails to cure, or commence to cure, any default by Landlord within the applicable cure period specified in
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Paragraph 20, then Tenant shall have the option to terminate the Lease and vacate the premises and in
such case, not be liable for any future Rent obligations from the termination date,
Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies
listed in this Lease or any other remedies provided by law. Pursuit of any remedy under this Lease shall
not constitute a forfeiture or waiver of any rent due to Landlord or of any damages accruing to Landlord by
reason of the violation of any portion of this Lease. Landlord’s acceptance of any payment following an
event of default shall not be construed as Landlord’s waiver of such event of default and shall not
constitute a reinstatement of this Lease or of the right to possession unless Landlord specifically states in
writing the election to do so. No waiver by Landlord of any violation or breach of this Lease shall constitute
a waiver of any other violation or breach of this Lease. Forbearance by Landlord to enforce one or more of
its rights under this Lease shall not be deemed or construed to constitute a waiver of any other violation,
default or breach of this Lease. If Landlord at any time terminates this Lease or the right to possession
for any default, in addition to any other remedy Landlord may have, Landlord may recover from Tenant all
damages Landlord may incur by reason of such default including the cost of recovering the Premises and

the loss of rental for the remainder of the Lease term. If Landlord is able to lease the space to a new
tenant, then Landlord may recover any damages including leasing costs and any difference between the
new tenant’s rental rate and Tenant’s contractual rental rate through the remainder of the Lease term. In
no event shall Landlord collect damages from Tenant, that when combined with the income from the new
tenant, would exceed Tenants scheduled rent through the remainder of the Lease term.
22. Surrender of Premises. No act or thing done by the Landlord or its agents during the term of
this Lease shall be deemed an acceptance of a surrender of the Premises or a cancellation of this Lease,
and no agreement to accept a surrender of the Premises or cancellation of this Lease shall be valid unless
it is in a writing signed by the Landlord and specifically stated to be an acceptance of surrender of the
Premises or Lease cancellation.
23. Attorney’s Fees. If Landlord or Tenant elects to utilize an attorney to enforce any of
Landlord’s or Tenant’s obligations under this Lease then the defaulting party agrees in each and any such
case to pay to the prevailing party the reasonable attorneys fees in connection with the matter. Matters for
which an attorney may be employed include the following: (i) Collection of any sum owed under this Lease
such as Basic Rental, Common Area Maintenance Fees, or Additional Rental; (ii) eviction or removal of
Tenant from the Premises; (iii) action to compel Tenant or Landlord to comply with the terms of this Lease;
(iv) actions to perfect and enforce Landlord’s Liens.
24. Landlord’s Lien. [Intentionally Deleted]
25. Mechanic’s Liens: Tenant will not permit any mechanic’s lien or liens to be placed on any
part of the Premises as a result of any work performed, materials furnished or obligation incurred by or at
the request of Tenant. Tenant shall cause any such lien to be removed within twenty (20) days after written
notice from Landlord. If Tenant does not timely clear any such lien, Landlord, at its sole option, may pay
whatever sums are necessary to discharge the lien. Any amounts so paid (including expenses and
interest), shall be immediately due from Tenant to Landlord as Additional Rental. Interest shall accrue on
amounts so paid by Landlord until repaid by Tenant at the lesser of the maximum lawful contract rate, or 18
% per annum. Landlord has no obligation to inquire into the validity of any lien or the amounts of the
underlying obligation that is the basis of the lien.
26. Waiver of Subrogation. Anything in this Lease to the contrary notwithstanding, Tenant
waives all rights of recovery, claim, action or cause of action, against Landlord, its agents, officers, and
employees, for any loss or damage that may occur to Tenant’s property, by reason of any other cause
which could be insured against under the terms of the insurance policies required to be maintained by
Tenant under this Lease. This waiver includes Tenant’s’ insurance carriers right of subrogation except in
cases of Landlord’s gross negligence.
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27. Notices. Each provision of this Lease, or of any applicable governmental laws, ordinances,
regulations, and other requirements with reference to the sending, mailing or delivery of any notice, or with
reference to the making of any payment by Tenant to Landlord or performance of any obligation under this
Lease, shall be deemed to be complied with when and if the following steps are taken:
(a) All notices or document required or permitted to be delivered under this Lease shall be sent to
the addresses set forth in Exhibit A, or at such other address as Landlord or Tenant may specify from time
to time by written notice delivered in accordance with this paragraph;
(b) Any notice or document required or permitted to be delivered under this Lease must be sent to
the parties at the addresses set forth in Exhibit A, or to any new address that either party may from time to
time specify in accordance with this paragraph. Such notices and documents shall be deemed to be
delivered as of the sooner of the following: (i) If sent by certified or registered mail (return receipt
requested), the sooner of the date the letter is signed for by addressee, returned to sender as
undeliverable, or the date that delivery is refused by addressee; (ii) the date that notice is actually delivered

to Landlord’s leasing office during normal business hours and signed for by an employee of Landlord, (iii)
the date that Landlord either delivers a notice to Tenant at the Premises and an employee of Tenant signs
for the notice, or the date that Landlord posts such notice on the main entrance of the Premises.
28. Force Majeure. Whenever a period of time is herein prescribed for action to be taken by either
party, neither party shall not be liable or responsible for, and there shall be excluded from the computation
for any such period of time, any delays due to strikes, riots, Acts of God, Shortages of labor or materials,
war, governmental laws, regulations or restrictions or any other causes of any kind whatsoever which are
beyond the control of either party.
29. Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under
present or future laws effective during the term of this Lease, then the remainder of this Lease shall not be
affected. In lieu of the unenforceable provision there will be added as a part of this Lease a clause or
provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible
and be legal, valid and enforceable. It is the intent of the parties that the basic business bargain and
allocation of risks under this Lease be restored to the state that existed prior to the determination of the
unenforceability of the provision.
30. Entire Agreement; Amendments; Binding Effect. This Lease contains the entire agreement
between the parties and may not be altered, changed or amended, except by instrument in writing signed
by both parties. No provision of this Lease shall be deemed to have been waived by Landlord or Tenant
unless such waiver is in writing signed by Landlord or Tenant and addressed to the other party to the
Lease. Custom, practice, or course of dealing between the parties during the term of this Lease shall not
be construed to waive or lessen a party’s right to insist on the other’s strict performance of all obligations
under this Lease. The terms, provisions, covenants and conditions contained in this Lease shall apply to
inure to the benefit of, and be binding upon the parties, and upon their respective successors in interest
and legal representatives, except as otherwise herein expressly provided. Nothing in the preceding
sentence shall entitle Tenant to make an assignment, sublet or other transfer of this Lease or Tenant’s
right to possess any part of the Premises without full compliance with the terms of the paragraph on
Assignment and Subletting.
31. Quiet Enjoyment. Provided Tenant has performed all of the terms, covenants, agreements
and conditions of this Lease, including the payment of Basic Rental and Additional Rental, to be performed
by Tenant, Tenant shall peaceably and quietly hold and enjoy the Premises for the term of this Lease,
without hindrance from Landlord, subject to the terms and conditions of this Lease.
32. Rules and Regulations. Tenant and Tenant’s agents, employees, and invitees will comply
fully with all requirements of the rules and regulations of the Premises which are attached as Exhibit “C”,
and made a part of this Lease. Landlord may change such rules and regulations or to promulgate other
rules and regulations in such reasonable manner as may be deemed advisable for safety, care, good order
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or cleanliness of the Premises, as long as such changes do not conflict with the Lease, do not discriminate
against persons based upon race, color, gender, disability, religion, familial status, or national origin. All
changes and amendments to the rules and regulations will be forwarded to Tenant in writing and shall be
promptly carried out and observed by Tenant. Tenant shall have no entitlement to compensation or other
modification of its obligations under this Lease as a result of any changes in rules and regulations. Tenant
shall further be responsible for the compliance with current rules and regulations by the vendors,
employees, servants, agents, visitors and invitees of Tenant. Should Landlord’s changes to the rules and
regulations of the Premises render the Premises unfit for Tenant’s use, conflict with the Lease, discriminate
against persons based upon race, color, gender, disability, religion, familial status, or national origin,
Tenant shall give written notice to the Landlord within ten (10) days of the rule change. Thereafter, if such
change is not cured by Landlord within thirty (30) days, then Tenant may at its sole discretion terminate the
Lease, per the Lease termination options described in Section 1 of this Lease. Landlord agrees to enforce
the Rules and Regulations in an equal and non-discriminatory manner as to each tenant on the Premises.
33. Broker’s or Agent’s Commission. Tenant represents and warrants that there are no claims

for brokerage commissions or finder’s fees in connection with the execution of this Lease, except as listed
in the special provisions section of paragraph 1, and Tenant agrees to indemnify and hold harmless
Landlord against all liabilities and costs arising from such claims, including without limitation attorneys’ fees
in connection therewith.
34. Gender. Words of any gender used in this Lease shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, unless the context
otherwise requires.
35. Joint and Several Liability. If there is more than one Tenant, the obligations under this Lease
imposed upon Tenant shall be joint and several. If there is a guarantor of Tenant’s obligations hereunder,
the obligations imposed upon Tenant shall be the joint and several obligations of Tenant and such
guarantor. Landlord need not first proceed against the Tenant before proceeding against such guarantor. A
guarantor shall not be released from its guaranty for any reason whatsoever, including without limitation,
any amendment, waiver or failure to give notice.
36. Captions. The captions contained in this Lease are for convenience of reference only, and in
no way limit or enlarge the terms and conditions of this Lease.
37. No Reservation. The submission of this document for review and execution by the Tenant
does not constitute a reservation of the Premises for Tenant. Landlord is bound by the terms of this Lease
only after its signature is entered on this document and a copy of the fully signed agreement is tendered to
the possession of Tenant.
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EXECUTED as of the last date set out below.
LANDLORD: Landlord as defined in Exhibit A

BY:
Please Print Name: Suzanna Dryden Jensen
Title: Vice President, 46 Corp., general partner of Landlord
DATE:
TENANT: City of Irving, Texas

BY:

Please Print Name: Herbert A. Gears
Title: Mayor, City of Irving
DATE:
ATTEST:
__________________________________
JANICE CARROLL, City Secretary
JENNIFER A. RICHIE, Senior Assistant City Attorney
BY:
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Exhibit “A”
Exhibit A has been removed intentionally by the Irving Police Department and the City Attorney’s Office.
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Exhibit “B”
Exhibit B has been removed intentionally by the Irving Police Department and the City Attorney’s Office.
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Exhibit “C”
Building Rules and Regulations
1. These rules and regulations apply to Tenant’s activities under the Lease to which these rules are
attached. For the purposes of these rules and regulations the term Premises means the space
leased to Tenant under the Lease to which this exhibit is attached. The term Building means the
structure of which the Premises are a part. The term Project means the group of buildings, grounds
and parking areas that comprise the holdings that are operated as an operational unit by Landlord.
The rules and regulations apply to Tenant and to every person or entity that enters on any portion
of the Project at the request of Tenant (such as vendors, service persons, delivery services,
employees, agents, contractors, customers and any other invitees of Tenant) and Tenant is
responsible for assuring compliance of such third parties with these rules and regulations.

2. Landlord will furnish Tenant two keys to the exterior doors without charge. Additional keys are the
responsibility of Tenant. Landlord has not retained a copy of any key given to Tenant and thus will
have no access to the Premises. If Landlord requires access for emergency, tenant abandonment
or lockout due to default, then Landlord may, at Tenant’s expense, enter the Premises by having a
locksmith open the lock and re-key as necessary.
3. Tenant will refer all contractors, contractor’s representatives and installation technicians, rendering
any service to the Premises for Tenant, to Landlord for Landlord’s approval and supervision before
performance of any contractual service. This provision shall apply to all work performed in the
Building including installation of telephones (including any DSL or other broadband internet
access), telegraph equipment, electrical devices (including security systems) and attachments and
installations of any nature affecting roof, floors, walls, woodwork, trim, window, ceiling, equipment
or any other physical portion of the Premises or the Building. If the Lease provides that Tenant is
responsible for interior maintenance and HVAC maintenance, then Tenant shall obtain Landlord’s
prior approval of all contractors performing such work. In order to assure that work is performed
with due regard for preventing damage to the roof and maintaining the capital investment in the
installed equipment. Landlord may, from time to time, provide a list of HVAC contractors that are
approved for work on the Premises and require that Tenant select a contractor from that list.
4. Tenant shall not at any time occupy any part of the Project as sleeping or lodging quarters. Tenant
has no right to enter on the roof of the Building for any purpose without the express written
permission of Landlord. In addition, Tenant has no right to use the exterior walls, windows,
porches, lawns or other exterior areas of the building without the express written permission of
Landlord. Tenant signage shall be strictly in accordance with the Landlord’s signage program in
effect from time to time and Tenant shall submit any proposed exterior signage for Landlord’s prior
review and written approval. Mailboxes are provided for Tenant’s convenience and Landlord
assumes no responsibility for security of any items placed in the mailboxes. Landlord reserves the
right to alter the location and configuration of mailboxes from time to time.
5. Tenant must have prior written permission from the Landlord to do any of the following on any part
of the Project:
a. Install or operate any engine, stove, generator, printing press, air compressors or similar
machinery,
b. Place or use within the Project any explosives, gasoline, kerosene, oil, acids, caustics, or
any other inflammable, explosive, toxic or hazardous material.
c. Make any penetrations of the roof, exterior walls, windows (including metal frames) or party
walls.
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d. Install any gas, electric, water, drainage, sewer or other utility lines whether above or
belowground.
6. Landlord will not be responsible for lost or stolen personal property, equipment, money, jewelry or
other valuables from Tenant’s Premises, the parking lots, or any public rooms, common areas or
any other part of the Project regardless of whether such loss occurs when area is locked against
entry.
7. No birds, fowl, dogs, animals or pets of any kind, excluding service animals or animals associated
with Tenant’s use, shall be brought into or kept in or about the Premises or the Project. Tenant
may keep up to five (5) dogs for a period no longer than 24 hours at a time.
8. Tenant may only use common areas for ingress or egress. Tenant shall not do any of the following:
a. Block or obstruct any of the entries, passages, doors, loading docks, dumpsters, elevators,

hallways, stairways, or parking and landscaped areas.
b. Place or allow the placement of any motor vehicles, trailers, storage containers or other
similar equipment to be placed anywhere on the Project in a manner that obstructs any of
the following:
i. Access to dumpsters by tenants or waste removal contractors
ii. Access to shipping docks or rear entrances by vehicles making deliveries or
performing services within the Project.
c. Place any rubbish, litter, trash, or similar materials anywhere on the Project other than within
the receptacles provided for trash. Tenant’s use of trash receptacles shall be limited as
follows:
i. No hazardous or industrial wastes shall be deposited in Project waste containers.
Tenant is solely responsible for lawful and timely disposal of such items at Tenant’s
sole risk and expense.
ii. Tenant may not place any items in dumpsters if to do so would cause the top covers
to be unable to close. Container covers must be closed at all times.
iii. Tenant will cooperate in policing use of trash containers to prevent use by non-
tenants.
iv. No trash or waste of any sort will be placed on the ground or beside the trash
containers.
v. Boxes or other containers will be broken down or folded to assure that trash in the
containers is as compact as possible at all times. If receptacles are provided for
recycling, Tenant shall use such containers in accordance with the directions for use
that are provided from time to time.
vi. Construction debris, trash from activities off site from the Project and unusually large
amounts of trash shall be disposed of by Tenant by separate arrangements at
Tenant’s sole expense and the on site dumpsters shall not be used for such items.
9. Water closets, kitchens, mop sinks and other water fixtures shall not be used for any purpose other
than those for which they were constructed. No person shall waste water by interfering with the
faucets or otherwise. Tenant shall maintain all plumbing fixtures (including hot water heaters) in
good operating condition and repair. To prevent pipes from freezing, Tenant shall at all times
maintain an indoor temperature of at least 45 degrees Fahrenheit.
10. Tenant shall not disturb the occupants of the Project by the use of any industrial machinery,
process equipment, musical instruments or any other thing that makes unreasonable or raucous
noises, or conduct any other unreasonable or disruptive use.
11. Tenant shall not store any materials, equipment, products, etc., outside the Premises.
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12. Tenant shall comply with all local, state and federal statutes, codes, regulations and ordinances that
apply to Tenant’s occupancy of the Premises or the activity that Tenant conducts within the
Premises. Tenant shall, at its sole cost and expense, obtain and maintain a current occupancy
permit for the Premises from the city in which the Premises are located. In addition, Tenant shall
assure that the Premises remain in full compliance with applicable fire and other local codes during
the term of the Lease.
13. Tenant shall comply with the driving and parking signs and markers on the Project and the
surrounding areas. Parking areas are subject to the following rules:
a. All vehicles that lack current registration and safety inspection are strictly prohibited and
shall be immediately removed.
b. All vehicles must park in areas that are marked or otherwise designated for parking and fire
lanes are to remain clear at all times.
c. Repair work on vehicles is strictly prohibited.

d. Landlord may direct that certain designated parking areas be the last to be used in order to
minimize interference with ingress and egress to dock areas.
e. Tenants will periodically remove all vehicles from the parking areas at Landlord’s direction in
order to facilitate the cleaning of the lot and the painting of new stripes.
f. Parking areas are not to be used for the storage for private vehicles of Tenant or its
employees. Tenant shall not utilize any more parking spaces than are reasonably
necessary for its operations.
g. Spaces marked for a particular suite, address or tenant shall be reserved for the user so
designated unless Landlord otherwise directs. Landlord has no obligation to maintain any
designated parking that may exist at the Project unless specifically required to do so by the
special provisions of a Lease. Even if special provisions require that spaces be reserved,
Landlord has no liability for the enforcement of such reservation.
In addition to any other remedies under the Lease, Landlord may, at owner’s risk and expense, tow
or otherwise remove any vehicle that is in violation of these rules and regulations if properly posted.
Landlord shall have no liability for any such vehicle that is removed.
14. No sign, draperies, shutters, window coverings, decorations, hangings or obstruction of any type
shall be placed on any skylights or on any doors or windows which are visible from outside the
Premises without the prior written consent of the Landlord. Landlord may rescind any such consent
at any time.
15. As long as it does not conflict with the Lease, The Landlord reserves the right to rescind any of
these rules and make such other and further rules and regulations as in the judgment of the
Landlord shall from time to time be needed for safety, protection, care, cleanliness, operation and
preservation of the Building, the Premises or the Project. When new rules are made and
communicated to Tenant the new rules shall be binding on Tenant in the same manner as if
originally set out in this exhibit. Such changes may include rules and regulations regarding hours of
access to the Project.
16. During the last 6 months of the Lease term, Landlord shall have access to the Premises during
normal business hours to conduct any activities Landlord deems advisable to prepare the Premises
for releasing, with one (1) day notice to Tenant. Such activities may include the following: showing
the space to brokers or prospective tenants; examining the space to evaluate the condition of the
Premises and need for remodeling or repairs; measure the dimensions of the interior configuration
to prepare space layout analysis; or do any other preparation that does not unreasonable interfere
with Tenant’s occupancy.
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17. Landlord has discretion to enforce these rules and regulations from time to time and Landlord’s
election to decline to require strict adherence shall never constitute a waiver of the right to insist on
strict compliance at a later time. Landlord has no obligation to enforce these rules and regulations
at the request of any Tenant and no Tenant has any right to require that any other Tenant comply
with any of these rules and regulations.
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Schedule A
The following are the termination penalties that apply to the Termination Option described in Section 1. e of
this lease:
Unamortized TI Penalty Total Termination Payment
at Month 27 $ 26,923.08 $ 4,391.67 $ 31,314.75
at Month 41 $ 18,004.86 $ 4,650.00 $ 22,654.86
at Month 54 $ 9,245.68 $ 4,650.00 $ 13,895.68
The following are the termination penalties that apply to the Termination Option described in Section 1. f of
this lease:
Month Unamortized TI Penalty Total Termination Payment
28 $ 26,303.14 $21,958.33 $ 48,261.47
29 $ 25,680.61 $21,958.33 $ 47,638.94
30 $ 25,055.49 $21,958.33 $ 47,013.83
31 $ 24,427.77 $21,958.33 $ 46,386.10

32 $ 23,797.43 $21,958.33 $ 45,755.76
33 $ 23,164.46 $21,958.33 $ 45,122.79
34 $ 22,528.86 $21,958.33 $ 44,487.19
35 $ 21,890.61 $21,958.33 $ 43,848.94
36 $ 21,249.69 $21,958.33 $ 43,208.03
37 $ 20,606.11 $21,958.33 $ 42,564.45
38 $ 19,959.85 $21,958.33 $ 41,918.18
39 $ 19,310.89 $21,958.33 $ 41,269.23
40 $ 18,659.23 $21,958.33 $ 40,617.57
41 $ 18,004.86 $21,958.33 $ 39,963.19
42 $ 17,347.76 $23,250.00 $ 40,597.76
43 $ 16,687.92 $23,250.00 $ 39,937.92
44 $ 16,025.33 $23,250.00 $ 39,275.33
45 $ 15,359.98 $23,250.00 $ 38,609.98
46 $ 14,691.86 $23,250.00 $ 37,941.86
47 $ 14,020.95 $23,250.00 $ 37,270.95
48 $ 13,347.25 $23,250.00 $ 36,597.25
49 $ 12,670.74 $23,250.00 $ 35,920.74
50 $ 11,991.41 $23,250.00 $ 35,241.41
51 $ 11,309.25 $23,250.00 $ 34,559.25
52 $ 10,624.25 $23,250.00 $ 33,874.25
53 $ 9,936.40 $23,250.00 $ 33,186.40
54 $ 9,245.68 $23,250.00 $ 32,495.68
55 $ 8,552.08 $23,250.00 $ 31,802.08
56 $ 7,855.59 $23,250.00 $ 31,105.59
57 $ 7,156.20 $23,250.00 $ 30,406.20
58 $ 6,453.90 $23,250.00 $ 29,703.90
59 $ 5,748.67 $23,250.00 $ 28,998.67
60 $ 5,040.50 $23,250.00 $ 28,290.50
61 $ 4,329.38 $23,250.00 $ 27,579.38
62 $ 3,615.29 $23,250.00 $ 26,865.29
63 $ 2,898.24 $23,250.00 $ 26,148.24
64 $ 2,178.19 $23,250.00 $ 25,428.19
65 $ 1,455.14 $23,250.00 $ 24,705.14
66 $ 729.08 $23,250.00 $ 23,979.08
67 $ 0.00 $23,250.00 $ 23,250.00
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7
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3128

Recommending Department: Parks & Building Maintenance LSR No: N/A
Resolution -- Approving the Request to Negotiate a Professional Services

Contract with Baird, Hampton, & Brown, Inc., for Engineering Consulting
for Generator Equipment at the Criminal Justice Center
Infrastructure Network.
2. Impact: This consulting group will provide high quality engineering design,
procurement, and installation services for power generating equipment at the
Criminal Justice Center which will insure continuity of services in the event of an
emergency.
Recommendation
.
1. Staff received proposals from a total of 5 consulting firms interested in providing
engineering design.
2. Staff evaluation team consisted of members from the Parks and Building
Maintenance Department (PBM), Irving Police Department (IPD), and the Office
of Emergency Management (OEM).
3. Staff interviewed 3 firms and found Baird, Hampton & Brown, Inc. to be the best
qualified to complete this project.
4. The Baird, Hampton & Brown, Inc. design team includes electrical, mechanical,
structural, geotechnical and architectural services.
5. Baird, Hampton & Brown, Inc. has extensive experience with installation of this
type including firework at the Criminal Justice Center.
6. The MWBE participation on the design team will be 30%.

NONE
Prepared: 11/18/2009 04:51 PM by Durenda Pena
Last Updated: 11/25/2009 01:02 PM by Jennifer Dwyer
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7
CITY OF IRVING
WHEREAS, pursuant to Section 2254.004 Government Code, the City Council has reviewed
the competence and qualifications of various professionals and has determined that Baird, Hampton, &
Brown, 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 Baird,
Hampton, & Brown, Inc., the City Council initially selects said firm to provide
engineering consulting services for generator equipment at the Criminal Justice
Center.
SECTION II. THAT the City Council hereby directs that the Department of Parks and Building
Maintenance begin negotiating a contract with the firm initially selected in Section I
above.
SECTION III. THAT the price shall be fair and reasonable and should negotiations reach a
stalemate, the department made responsible for this contract in Section II above shall
return the item to the City Council agenda in order that the governing body may make
the final determination and if said governing body is unable to negotiate an
acceptable contract, formally end negotiations and begin negotiations with the second
most highly qualified person or firm following the procedure set forth in the
resolution and Section 2254.004 Government Code.
SECTION IV. THAT should a contract be negotiated, the matter shall be returned to the City
Council for final approval.
SECTION V. THAT this resolution shall take effect from and after its final date of passage, and it is
Packet Pg. 142

7
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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8
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3071

Recommending Department: Financial Services LSR No:
Resolution -- Approving the City of Irving Annual Investment Policy

2. Impact: The approval of the investment policy will be in accordance with state law
and allow staff to continue to safely maximize earnings for the City.
3. State law and the City of Irving Investment Policy require annual review by the City
Council.
4. In accordance with state law, a listing of authorized brokers and investment training
providers has been provided to Council.
5. The last Council review was November 6, 2008.
6. There are no changes to the policy proposed.
Recommendation
Contract Required: NO Review Completed By: N/A
Previous Action: RES 2008-516 Council Action: Approved
.
ATTACHMENTS:
Investment Policy 11 17 08 (PDF)
List of Approved Broker (PDF)
List of Approved Investment Training (PDF)

N/A
Prepared: 11/11/2009 10:51 AM by Brad Duff
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8
CITY OF IRVING

SECTION I. THAT the City Council hereby reviews and adopts the attached City of Irving
Investment Policy which includes the investment policy as well as investment
strategies for the City, and furthermore, the City Council hereby approves and adopts
the attached list of qualified brokers that are authorized to engage in investment
transactions with the City and a list of qualified investment training providers, all
pursuant to the requirements of the Texas Public Funds Investment Act.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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8.a
City of Irving
Attachment: Investment Policy 11 17 08 (3071 : 8 Annual Investment Policy Review)

Investment Policy and Procedures
Approved October 30, 2003
Reviewed by City Council November 6, 2008
Packet Pg. 146

8.a
City of Irving
Investment Policy and Procedure
Table of Contents
ARTICLE I: INVESTMENT POLICY ....................................................................................................... 1
ARTICLE II: SCOPE .............................................................................................................................. 1

ARTICLE III: PRUDENCE...................................................................................................................... 1
ARTICLE IV: OBJECTIVES ................................................................................................................... 2
ARTICLE V: INVESTMENT STRATEGY................................................................................................ 2
ARTICLE VI: RESPONSIBILITY AND CONTROL ................................................................................. 4
ARTICLE VII: AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS........................................... 6
ARTICLE VIII: AUTHORIZED INVESTMENTS....................................................................................... 6
ARTICLE IX: QUALIFIED INVESTMENT POOL REQUIREMENTS ....................................................... 8
ARTICLE X: UNAUTHORIZED INVESTMENTS..................................................................................... 9
ARTICLE XI: COLLATERALIZATION.................................................................................................. 10
ARTICLE XII: SAFEKEEPING AND CUSTODY................................................................................... 10
ARTICLE XIII: DIVERSIFICATION....................................................................................................... 10
ARTICLE XIV: MAXIMUM MATURITIES.............................................................................................. 10
ARTICLE XV: INTERNAL CONTROLS................................................................................................ 11
ARTICLE XVI: PERFORMANCE STANDARDS................................................................................... 11
ARTICLE XVII: REPORTING REQUIREMENTS .................................................................................. 11
ARTICLE XVIII: REVIEW OF INVESTMENT POLICY .......................................................................... 12
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8.a
CITY OF IRVING
INVESTMENT POLICY
ARTICLE I: INVESTMENT POLICY
I.1 It is the policy of the City of Irving (the “City”) to invest public funds in a manner
which will provide the highest investment return with the maximum security while
meeting the daily cash flow needs of the City and conforming to all state and
local statutes governing the investment of public funds.

I.2 This policy is created under guidelines and authority granted under the Texas
Public Funds Investment Act (Texas State Government Code 2256).
ARTICLE II: SCOPE
II.1 This investment policy applies to all financial assets of the City. These funds are
accounted for in the City’s Comprehensive Annual Financial Report and include:
a. the general fund;

b. the special revenue funds;
c. capital projects fund;
d. enterprise funds;
e. trust and agency funds, to the extent not required by law or existing contract
to be kept segregated and managed separately;
f. debt service funds, including reserves and sinking funds, to the extent not
required by law or existing contract to be kept segregated and managed
separately; and,
g. any new fund created by the City, unless specifically exempted from this
Policy by the City Council or by law.
This Investment Policy shall apply to all transactions involving the financial
assets and related activity for all the foregoing funds. However, this policy does
not apply to the various employee retirement and pension funds administered
and/or sponsored by the City.
ARTICLE III: PRUDENCE
III.1 Investments shall be made with judgment and care – under circumstances then
prevailing – which persons of prudence, discretion and intelligence exercise in
the management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to
be derived.
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III.2 The standard of prudence to be used by investment officials shall be the

“prudent person” standard and shall be applied in the context of managing an
overall portfolio, rather than a consideration as to the prudence of a single
investment. Investment officers acting in accordance with written procedures
and the investment policy and exercising due diligence shall be relieved of
personal responsibility for an individual security’s credit risk or market price
changes, provided deviations from expectations are reported in a timely fashion
to the City Manager and the City Council of the City of Irving, and appropriate
action is taken to control adverse developments.

ARTICLE IV: OBJECTIVES
Investment of funds shall be governed by the following investment objectives, in

order of priority, for each fund listed in Article II of this Policy.
IV.1 Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. Each investment transaction will
seek first to ensure that capital losses are avoided, whether the loss occurs from
the default of a security or the erosion of market value. To attain this objective
diversification is required in order that potential losses on individual securities
do not exceed the income generated from the remainder of the portfolio.
IV.2 Liquidity: The City’s investment portfolio will remain sufficiently liquid to enable
the City to meet all operating requirements that might be reasonably anticipated.
IV.3 Yield: The City’s investment portfolio shall be designed with the objective of
attaining a rate of return throughout budgetary and economic cycles,
commensurate with the City’s investment risk constraints and the cash flow
characteristics of the portfolio.
IV.4 Risk of Loss: All participants in the investment process will seek to act
responsibly as custodians of the public trust. Investment officials will avoid any
transactions that might impair public confidence in the City’s ability to govern
effectively. The governing body recognizes that in a diversified portfolio,
occasional measured losses due to market volatility are inevitable, and must be
considered within the context of the overall portfolio’s investment return,
provided that adequate diversification has been implemented.
ARTICLE V: INVESTMENT STRATEGY
V.1 Passive Strategy: The City intends to pursue a passive portfolio management
philosophy. While the financial market will be monitored by investment officials
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8.a
and the City will purchase investments based on the parameters for liquidity and
based on market conditions, investment officials do not intend to actively sell
investments. Market and credit risk shall be minimized by diversification.
Diversification by market sector and security types, as well as maturity will be
used to protect the City from credit and market risk in order to meet liquidity
requirements.
V.2 Operating Funds: Operating funds shall have as their primary objective to assure
that anticipated cash outflows are matched with adequate investment liquidity.
The secondary objective is to create a portfolio structure that will experience

minimal volatility during changing economic cycles. These objectives may be
accomplished by purchasing high quality short to medium-term securities in a
laddered (maturities becoming due regularly and staggered to match cash
outflows) or barbell (maturities that are placed very short term and maturities that
are longer term, such that the average achieves cash flows and income similar to
buying in the middle of those maturity spectrums) maturity structure and by
diversification among market sectors. The City shall limit the weighted-average
maturity of its operating funds to 365 days, and shall seek to achieve a market
rate of return commensurate with the cash flow and risk constraints of the fund.
V.3 Capital Project Funds and Special Purpose Funds: Capital Project Funds and
Special Purpose Funds shall have as their primary objective to assure that
anticipated cash outflows are matched with adequate investment liquidity. These
portfolios should have liquid securities to allow for unanticipated project
expenditures or accelerated project outlays due to a better than expected or
changed construction schedule. The portfolios shall be invested based on cash
flow estimates to be supplied by the City Engineer and the capital project report
completed by Financial Services. The dollar-weighted average life of the portfolio
should be matched to that of the duration of the liabilities. Funds invested for
capital projects may be from bond proceeds that are subject to arbitrage rebate
regulations. The City will manage these funds as previously described, but will
conduct an arbitrage rebate calculation annually to determine the income, if any,
that has exceeded the arbitrage yield of the bond. This positive arbitrage income
will be average over a five-year period and rebated to the federal government
according to arbitrage regulations. A secondary objective of these funds is to
achieve a yield equal to or greater than the arbitrage yield of the applicable bond.
V.4 Debt Service Funds: Debt Service Funds shall have as the primary objective the
assurance of investment liquidity adequate to cover the debt service obligation
on the required payment date. Securities purchased shall not have a stated final
maturity date that exceeds the debt service payment date. The City shall seek to
achieve a market rate of return to each funded debt service payment date.
V.5 Debt Service Reserve Fund: Debt Service Reserve Funds shall have as the
primary objective the ability to generate a dependable revenue stream to the
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8.a
appropriate debt service fund within the limits set forth by the bond ordinance or
debt covenants specific to each individual bond issue.
ARTICLE VI: RESPONSIBILITY AND CONTROL
VI.1 Delegation: Authority to manage the City’s investment program is derived from
this Investment Policy. Management responsibility for the investment program is
hereby delegated to the Financial Services Director, who shall establish written
procedures for the operation of the investment program consistent with this

Investment Policy. Such procedures shall include explicit delegation of authority
to persons responsible for the daily cash management operation, the execution
of investment transactions, overall portfolio management and investment
reporting. No person may engage in an investment transaction except as
provided under the terms of this policy and the procedures established by the
Financial Services Director. The Financial Services Director shall be responsible
for all transactions undertaken and shall establish a system of controls to
regulate the activities of subordinate officials.
VI.2 Designated Officials: All persons involved in investment activities shall be

referred to as “Investment Officials.” No person shall engage in an investment
transaction except as provided under the terms of this policy, the procedures
established by the Financial Services Director withdraw, transfer, deposit and
invest the City’s funds. The Financial Services Director shall be responsible for
all transactions undertaken, and shall establish a system of controls to regulate
the activities of subordinate Investment Officials.
A. City of Irving: The City’s Financial Services Director, Revenue and Debt
Manager, and two Accountants shall be designated as investment officials
who are responsible for the investment of the City’s funds, with the exception
of the Irving Arts Center and the Irving Convention and Visitors Bureau as
listed in Sections VI.2.A and VI.2.B.
B. Irving Arts Center: The Arts Center’s Executive Director and the Senior
Accountant shall be designated as investment officials responsible for the
investment of the Irving Arts Center’s funds.
C. Irving Convention and Visitors Bureau: The Convention and Visitors Bureau’s
Senior Accountant or Assistant Executive Director/Administration shall be
designated as the investment officials responsible for the investment of the
Irving Convention and Visitors Bureau’s funds.
VI.3 Term: Investment authority granted to the investing officials is effective until
rescinded by the City Council or until termination of employment.
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8.a
VI.4 Conflicts of Interest: Investment officials and employees involved in the

investment process will refrain from personal business activity that could conflict
with proper execution of the investment program, or which could impair their
ability to make impartial investment decisions.
VI.5 Disclosure: Investment officials and employees shall disclose to the Audit &
Finance Committee any material financial interest in financial institutions that
conduct business with the City. Investment officials and employees shall further
disclose any material, personal investment positions that could be related to the
performance of the City’s portfolio.

An investment official who is related to an individual seeking to sell an investment
to the investment official's entity shall file a statement disclosing that relationship.
A statement required under this subsection must be filed with the Texas Ethics
Commission and the City Council. For purposes of this policy, an investment
official has a personal business relationship with a business organization if:
(1) the investment official owns 10 percent or more of the voting stock
or shares of the business organization or owns $5,000 or more of
the fair market value of the business organization;
(2) funds received by the investment official from the business

organization exceed 10 percent of the investment officials gross
income for the previous year; or
(3) the investment official has acquired from the business organization
during the previous year investments with a book value of $2,500 or
more for the personal account of the investment official.
Investment officials and employees shall subordinate their personal investment

transactions to those of the City, particularly with regard to the timing of
purchases and sales.
VI.6 Training: Investment officials shall have a finance, accounting or related degree
and knowledge of treasury functions. Investment officials shall attend at least
one training session relating to their cash management and investment
responsibilities within 12 months after assuming these duties for the City and
receive not less than 10 hours of instruction relating to investment responsibilities
every two years.
Training must include education in investment controls, security risks, strategy

risks, market risks, diversification of the investment portfolio and compliance with
State investment statutes. The training must be provided through an
independent source approved by the City’s Audit & Finance Committee or City
Council.
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8.a
ARTICLE VII: AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The Financial Services Director will maintain a list of financial institutions authorized to
provide investment services. In addition, a list will also be maintained of approved
security broker/dealers selected by credit worthiness who are authorized to provide
investment services in the State of Texas. These will include financial institutions that
qualify under Securities & Exchange Commission Rule 15-C3-1 (uniform net capital
rule). No public deposit shall be made except in a qualified public depository as
established by state laws.

All financial institutions and broker/dealers who desire to become qualified bidders for
investment transactions must supply the Financial Services Director with the following,
as appropriate: audited financial statements, proof of National Association of Security
Dealers certification, trading resolution, proof of State registration, completed
broker/dealer questionnaire and certification of having read the City’s investment policy.
Investment officials shall not purchase investments from any financial organization until
the organization’s registered principal has executed a written instrument stating that he
or she has thoroughly reviewed the City’s investment policy and acknowledges that
reasonable procedures and controls have been implemented to preclude imprudent
investment activities arising out of transactions between the organization and the City,
except to the extent that this authorization is dependent on an analysis of the makeup
of the City’s entire portfolio or requires an interpretation of subjective investment
standards.
An annual review of the financial condition and registrations of qualified financial

organizations will be conducted by the Financial Services Director.
A current audited financial statement is required to be on file for each financial

institution and broker/dealer in which the City invests.
ARTICLE VIII: AUTHORIZED INVESTMENTS
City funds shall be invested only in Securities fully guaranteed by the United States
Government; Agencies of the United State Government, Certificates of Deposit;
Repurchase Agreements fully secured by Obligations of the United States or its

agencies and instrumentalities; Bankers’ Acceptances; Commercial Paper; Money
Market Mutual Funds; and Local Government Investment Pools. All such investments
shall be in accordance with the Texas State Public Funds Investment Act, as amended.
The following investments are authorized by the City of Irving:
VIII.1 Obligations of the United States or its agencies and instrumentalities.
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8.a
VIII.2 Certificates of Deposit
A. All deposits must be collateralized by pledged securities in accordance with

the Texas State Public Funds Investment Act, as amended.
B. Certificates of deposit shall be issued by a state bank, a national bank that

has its main office or a branch office in the state of Texas, or a savings and
loan association domiciled in the state of Texas, and guaranteed or insured
by the Federal Deposit Insurance Corporation (FDIC) or its successor.

VIII.3 Repurchase or Reverse Repurchase Agreements: Fully collateralized
Repurchase or Reverse Repurchase Agreements that have a defined
termination date, are placed through a primary government securities dealer or a
financial institution doing business in the State of Texas and are fully secured by
Obligations of the United States or its agencies and instrumentalities.
The securities received for repurchase agreements must have a market value
greater than or equal to 102.5 percent at the time funds are disbursed. The
securities must not have a maturity date longer than 10 years from the date of
purchase.
Money received by the City under the terms of a Reverse Repurchase

Agreement, by law, shall be used to acquire additional authorized investments,
but may not have a term to exceed 30 days nor be used as a leveraged
transaction (proceeds used to purchase an investment whose final maturity date
exceeds the expiration date of the reverse). All transactions are governed by the
City’s Master Repurchase Agreement.
VIII.4 Direct obligations of this state or its agencies.
VIII.5 Other obligations, the principal and interest of which are unconditionally
guaranteed or insured by, the State of Texas or the United States or its
instrumentalities.
VIII.6 Bankers’ Acceptances
A. The stated maturity shall not exceed 270 days from the issuance date.
B. The investment shall be fully liquidated at maturity.
C. The investment may be used as collateral for borrowing from a Federal Reserve
Bank.
D. The investment may only be accepted by a bank organized and existing under
the laws of the United States or any state if the short-term obligations of the bank
or of a bank holding company (of which the bank is the largest subsidiary) are
rated not less than A-1, P-1, or an equivalent by at least one nationally
recognized credit rating agency.
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VIII.7 Commercial Paper
A. The stated maturity shall not exceed 270 days from the issuance date.
B. The investment must not rate less than A-1, P-1, or an equivalent by at least
two nationally recognized credit rating agencies, or by one nationally
recognized credit rating agency and is fully secured by an irrevocable letter of
credit issued by a bank organized and existing under the laws of the U.S. or
any state.
VIII.8 Money Market Mutual Funds

A. The Fund must be regulated by the Securities and Exchange Commission
(SEC).
B. The Fund must have a dollar-weighted average stated maturity of not more
than 90 days.
C. The Fund must meet all requirements of the Texas Public Funds
Investment Act, as amended.
D. The City may not invest, in the aggregate, more than 20% of its monthly
fund balance, excluding bond proceeds and reserves and other funds held
for debt service in the Fund.
E. The City’s portion may not exceed 10 percent of the total assets of the fund,
including bond proceeds and reserves and other funds held for debt
service.
F. The Fund must state an objective to maintain a stable net asset value of $1
for each share.
The money market mutual fund will be the primary investment sweep instrument
for the City of Irving.
VIII.9 Local Government Investment Pools, created to function as money market

mutual funds, organized in conformity with Chapter 791 (Interlocal Cooperation
Contracts Act) and Chapter 2256 (Public Funds Investment Act) of the Texas
Government Code.
Individual Investment Pools must be approved by resolution of the City Council

prior to use by investment officials.
ARTICLE IX: QUALIFIED INVESTMENT POOL REQUIREMENTS
IX.1 Government Investment Pools
A. The requirements of Article 4413(32c), Section 4(d) of the Texas Revised

Civil Statutes (“Interlocal Cooperation Act”) must be met.
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B. The City may not invest more than 20 percent of its monthly average fund
balance, excluding bond proceeds in an individual Fund.
C. The investment pool must be continuously rated no lower than AAA or AAA-
or at an equivalent rating by at least one nationally recognized rating
service.
D. Investment Officers must be furnished with information required by Sections

2256.016 (b) and (c) of the Texas Public Funds Investment Act.

E. Investment pools created to function as a money market mutual fund must
mark its portfolio to market daily and stabilize at a $1 net asset value to the
extent reasonably possible.
F. An investment pool shall establish an advisory board.
G. The City must authorize investment in a particular pool by ordinance.
H. A thorough investigation of the pool/fund is required prior to investing, and

on a continual basis. There shall be a questionnaire developed which will
answer the following general questions:
1. A description of eligible investment securities, and a written statement

of investment policy and objectives.
2. A description of interest calculations and how it is distributed, and how
gains and losses are treated.
3. A description of how the securities are safeguarded (including the
settlement processes), and how often are the securities priced and the
program audited.
4. A description of who may invest in the program, how often, what size
deposit and withdrawal.
5. A schedule for receiving statements and portfolio listings.
6. Are reserves, retained earnings, etc. utilized by the pool/fund?
7. A fee schedule, and when and how it is assessed.
8. Is the pool/fund eligible for bond proceeds and /or will it accept such
proceeds?
ARTICLE X: UNAUTHORIZED INVESTMENTS
Under no circumstances shall investments be made in interest-only or principal-only

strips of obligations with underlying mortgage-backed security collateral, or in
collateralized mortgage obligations with an inverse floating interest rate or a maturity
date of over 10 years. Neither shall investments be made in obligations that are
secured by these prohibited investments.
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ARTICLE XI: COLLATERALIZATION
Collateralization will be required all repurchase agreements. In order to anticipate

market changes and provide a level of security for all funds, the collateralization level
will be 102% of market value of principal and accrued interest.
Collateral will always be held by an independent third party with which the entity has a
current custodial agreement. A clearly marked evidence of ownership (safekeeping
receipt) must be supplied to the entity and retained.

The right of collateral substitution is granted. However, the pledged collateral shall not
leave the portfolio until the substituted collateral has been provided.
ARTICLE XII: SAFEKEEPING AND CUSTODY
All security transactions, including collateral for repurchase agreements, entered into by
the City shall be conducted on a delivery-versus-payment (DVP) basis. Securities will
be held by a third party custodian designated by the Financial Services Director and
evidenced by safekeeping receipts.
ARTICLE XIII: DIVERSIFICATION
The City will diversify its investments by security type and institution. With the exception
of obligations of the U.S. government and its agencies and instrumentalities, certificates
of deposit, and authorized pools, no more than 50% of the City’s total investment
portfolio will be invested in a single security type or with a single financial institution.
ARTICLE XIV: MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments with anticipated
cash flow requirements. Unless matched to a specific cash flow, the City will not
directly invest in securities maturing more than two years from the date of purchase.
However, the City may collateralize its repurchase agreements using longer-dated
investments not to exceed ten years to maturity.
Reserve funds may be invested in securities exceeding two years if the maturity of such
investments is made to coincide as nearly as practicable with the expected use of the
funds.
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ARTICLE XV: INTERNAL CONTROLS
The Financial Services Director shall establish a system of internal controls that shall
be documented in writing. Such controls shall be designed to prevent losses of public
funds arising from fraud, employee error, or misrepresentation by third parties, and
shall be reviewed annually by the City’s independent auditor. This review will provide
internal control by assuring compliance with policies and procedures.

ARTICLE XVI: PERFORMANCE STANDARDS
XVI.1 The investment portfolio shall be designed with the objective of obtaining a rate
of return throughout budgetary and economic cycles, commensurate with the
investment risk constraints and the cash flow needs.
XVI.2 Market Yield (Benchmark): The City’s investment strategy is passive. Given this
strategy, the basis used by the Financial Services Director to determine whether
market yields are being achieved shall be the average six-month U.S. Treasury
Bill yield as calculated over the course of the reporting period.
XVI.3 Mark-to-Market Pricing: Current market prices for individual securities held in the
portfolio shall be obtained at least quarterly. This will ensure that the minimal
amount of review has been performed on the investment portfolio in terms of
value and subsequent price volatility. These prices should be obtained from a
reputable source including, but not limited to the Wall Street Journal, Bloomberg
Capital Markets, the City’s safekeeping agent and broker/dealers other than
those who originally sold the security to the City.
XVI.4 Effect of Ratings Downgrade: A security that requires a minimum rating under
this policy will not qualify as an authorized investment in the event that the
security is downgraded below the minimum rating. The City shall take all
prudent measures within a reasonable period of time to liquidate an investment
that does not have the minimum rating.
ARTICLE XVII: REPORTING REQUIREMENTS
XVII.1 Internal Management Reports. Each quarter, the appointed Investment Officials
shall provide to the City Council a written report of all investments, which
provides a clear picture of the status of the current investment portfolio. The
report must be presented within 90 days of the end of the quarter or reporting
period. The report must contain the following information:
A. Investment position of the City of the date of the report.
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B. The signature of each investment official of the City.
C. A summary statement of each pooled fund or individual portfolio, sorted by

type of asset, that states the beginning market value for the reporting
period, the ending market value for the period, and the resulting change in
market value that may have occurred and a comparison of the same to the
previous quarter.
D. A comparison of book value vs. market value and the unrealized gain or

loss at the end of the period and the comparison to the previous period.
E. State the duration or average maturity of each portfolio.
F. State the accounting fund or pooled group fund for which individual
investments were acquired, by name or number or both.
G. State the compliance of the investment portfolio as it relates to the

investment strategy expressed in the City’s investment policy and
compliance with all laws governing the City’s investments.
H. Disclose the investment income earned and yields by portfolio.
I. Disclose the investment income earned by accounting fund.
J. Demonstrate the diversification of the City’s investments.
K. Provide a summary of economic activity and recent financial market

conditions.
L. Provide a listing of broker/dealers and financial institutions with which the

City conducts business.
XVII.2 Reporting Audit: The reports prepared by the investment officers under this
section shall be formally reviewed at least annually by an independent auditor,
and the result of the review shall be reported to the governing body by that
auditor.
ARTICLE XVIII: REVIEW OF INVESTMENT POLICY
The City Investment Policy shall be adopted by resolution of the governing body. The
policy shall be reviewed annually by the City Council and any modifications made
thereto must be approved by the City Council.
This Investment Policy was approved by the Irving City Council on October 7, 2007 and
becomes effective immediately.
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8.b
List of Approved Broker/Dealers

City of Irving
Banc of America Securities – Juli Erickson
Coastal Securities – Brad Walden
Attachment: List of Approved Broker (3071 : 8 Annual Investment Policy Review)

JP Morgan Securities Inc. – Pam Steuben
Wells Fargo – Susan Ward
Cantor, Fitzgerald L.P. – A. Graham Hairston
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8.c
List of Approved Investment Training Providers

City of Irving
Texas Municipal League
Attachment: List of Approved Investment Training (3071 : 8 Annual Investment Policy Review)
Government Treasurer’s Organization of Texas
University of North Texas
North Central Texas Council of Governments
Government Finance Officer’s Association of Texas
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9
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3017

Recommending Department: Performance Team LSR No:
Resolution -- Approving the Training Agreement Between the City of Irving

and The Bartlett Alliance
2. Impact: This contract compliments the existing Irving University training program by
providing focus on training aligned with the organizations’ philosophy and culture.
Class topics were identified by the city’s internal training committee.
3. Approximately 3,500 participants will receive training through this contract. In the
past two years the city has developed a high quality training program that is
strategically aligned and targets training needs. Through this process, the training
cost per participant has been reduced by approximately 55%.
4. Funding in the amount not to exceed $90,000.00 for the period January 1, 2010, to
September 30, 2010, and in an amount not to exceed $30,000 for the period
October 1, 2010, to December 31, 2010, is available in the General Fund, subject to
funds being appropriated in Fiscal Year 2010-11.
Recommendation
Contract Required: Yes Review Completed By: Charles Anderson
Previous Action: No Council Action: Approve
ATTACHMENTS:
A 09-10 The Bartlett Alliance Letter of Agreement (PDF)
B 09-10 The Bartlett Alliance Training Schedule (PDF)

1001-1204-56410-100 Budget: $90,000.00 Actual: $90,000.00
Budget Adjustment/Transfer Required: Yes\No (If yes, please explain.)
Prepared: 10/16/2009 10:53 AM by Priscilla Gonzalez
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and The Bartlett Alliance for in the amount of $90,000.00, and the
Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. .
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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9.a
Letter of Agreement City of Irving

OPERATIONAL EXCELLENCE INITIATIVES
with The Bartlett Alliance
January 5, 2010 to December 31, 2010
Client: City of Irving, Texas

825 W. Irving Blvd.
Attachment: A 09-10 The Bartlett Alliance Letter of Agreement (3017 : 12 Agmt the Bartlett Alliance)
Irving, Texas 75060
Primary Contact: Lynda Johnson, Chief Performance Officer

Phone: 972-721-2709
Email: ljohnson@cityofirving.org
Actions/Deliverables:
1) Employee Training and Development:

The City of Irving (Client) established as its goal for a minimum of 3,000 participants to receive
training by the Consultant (The Bartlett Alliance/Nancy Powell Bartlett) on the topics selected by
the city’s internal training committee. Those topics include:
• A multi-part supervisory series offered during the calendar year in alignment with the
organization’s Leadership Model, including specific skills and concepts identified by the
committee
• Team Leading to enhance the city’s strategy of developing team leaders at every level
of the organization for temporary leadership assignments on multi-disciplinary teams,
strategic goal strategy teams and special initiative teams
• Project Management workshops to enhance the skill sets for the variety of staff who
lead specific projects for the city
• Situational Leadership which teaches a process that enables leaders to better identify
and match their leadership response/style to each of their direct reports in any given
situation or task assignment, resulting in more effective results
• The 7 Habits of Highly Effective People, a time-proven results oriented workshop
available to all employees seeking to enhance their professional and personal
effectiveness
• Teambuilding sessions, one and a half days per department director requests (Solid
Waste Services [1] and Fire departments [1/2])
• Up to three days of services to be agreed upon by both parties at least 60 days in
advance of service delivery
The Consultant shall meet with Client, at a minimum, on a quarterly basis to ascertain if
adjustments need to be made to the class schedule. In order to provide flexibility to the Client,
the workshop schedule (Exhibit A) may be altered if there is a need to increase/decrease a
specific class topic. Changes shall be agreed upon by both parties and those changes will be
substituted for other contract days on a day-for-day basis.
For each class curriculum Consultant will provide the following:

• Curriculum outlines and class objectives 15-30-days in advance of each class for review
by the internal training committee.
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9.a
• Resource package of training materials for each class and related tools for participants
including a quick tip sheet for each class highlighting key learning points.
2) Training Videos:
Not withstanding later provisions in this contract under RECORDING DEVICES, Consultant
agrees to allow ICTN to record supervisory series training class sessions and the team leading
training class performed on Clients behalf including editing of video product. Recorded sessions
will included those training sessions developed for the Client. ICTN can develop/produce short
videos such as overviews/introductions to workshop content and follow-up concepts to reinforce
training on topics. Script and taping parameters will be established and agreed in writing in
advance of taping by Consultant and Client. Editing of final product is at the discretion of the
Client. Taping days will be non-chargeable days to this contract if taping beyond classroom
days is required. The Client will own the rights to exhibit these recordings to the Clients officers
and employees but not to others. Client shall provide one copy of all such videos/tapings in
accordance with the provisions specified in RECORDING DEVICES.
3) City Manager Initiatives:

An optional opportunity in this contract allows the Consultant to offer agility and flexibility in
consultation with the City Manager to address his initiatives such as assessing performance of
senior leaders; facilitating employee developmental initiatives produced from annual director
feedback process; facilitating team/individual focused initiatives/community meetings/planning
sessions; and, consulting/coaching on other priorities as may be established by him.
Contract Performance Measures:

Consultant’s performance will be measured as follows:
• Training participant evaluations will be used to rate: the trainer, usefulness of training
materials, application of training to workplace and other items.
• Percent of classes conducted on scheduled dates.
• Percent of classes adhering to published timeframe (ie: 9:00am – 11:00am).
• Compliance with terms of contract.
Process:
Utilize one-day format for each on-site day to provide consultation, coaching, facilitation and
training services as noted in this contract. To ensure maximum flexibility for the Client, specific
days in this contract can be redirected to other projects, as needed, on a day-for-day basis.
Training Space, AV Equipment and Supplies:

Client is responsible for:
• All audiovisual needs for sessions held at the City of Irving to include LCD projector, VCR,
screen/speakers, laptop set as presentation-ready, cordless microphone and related
technical equipment for training
• Videos as needed for specific courses (unless the Consultant is the owner of the video)
• Reserving Irving University training space or comparable training space for classroom
scale events; other venues for large scale events
• Room set-up per Consultant for class set-up/design; chairs/tables; materials table for
Consultant; podium; microphone with one week’s notice by Consultant
• Instruct Consultant on use of technology and equipment in each training location
• Accurate class roster/sign-in sheets
• Markers, flipchart pads/stands, masking tape
Letter of Agreement 2
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9.a
• Participant name tents, pencils and training materials (i.e. materials for Situational
Leadership, 7 Habits) purchased by the city.
• Workshop evaluation forms which will be distributed and collected by Consultant. Client
will tabulate results and provide to Consultant within four business days of each
workshop.
• Coffee/beverage prepared for beginning of classes conducted in Irving University.
Food/snack items for designated classes as agreed upon with client.
• Training handouts as appropriate for each class. Consultant shall provide finished
materials ready for photocopying 5 working days in advance of actual class if they are to
be distributed by the city. Environmental and cost considerations will be considered with
all reproduction requests from Consultant.
Investment/Fee:
Up to 28.5 on-site days of consultation and service delivery ensuring successful deployment of
employee training and development, executive/employee coaching and feedback, meeting
facilitation and project management to further the organization’s vision, mission and values to
become The Best Organization on the Planet!
Consultant will meet with Client during on-site training days to further refine and develop
additional service requests by the Client. Client’s total investment: $10,000 a month for a 12-
month initiative ($40/participant)
Payment:
A deposit of $10,000 is required on January 5, 2010, and the balance is due in equal
installments on the first of the next eleven months, February 2010 – December 2010. All out of
pocket expenses must be pre-approved by Client and will be billed directly to Client. All
payments should be made in the form of a check or money order in U.S. dollars made payable
to:
The Bartlett Alliance

305 Crepe Myrtle Lane
Murphy, Texas 75094
Tax ID:
Accommodations/Travel Arrangements:
Currently, there are no plans for travel in this Agreement. Should any be called for by the Client
during the course of this Agreement, Client shall pay all travel and per diem expenses at the
City of Irving’s rates to be established and agreed upon by both the Client and Consultant, at
the time of the travel request. If such travel is beyond the 28.5 on-site days specified in this
Agreement, daily consultant rates shall apply as agreed upon by the Client and Consultant at
the time of the request.
Cancellation:
Because the confirmation of a scheduled date removes the Consultant from the marketplace
once session date(s) are agreed upon, the following cancellation applies. If cancellation notice
of less than 30 days of a scheduled date is received from the Client, one-half of that day will be
taken against the balance of days due under the initiative. If the Consultant cancels (except for
illness or emergency), or does not provide services, an equivalent amount of the Consultant’s
time will be added to the days due under the initiative.
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9.a
Force Majeure:
Notwithstanding any other provision of this Agreement, in the event that the performance of any
obligation under this Agreement by a Party is prevented due to acts of Nature, exchange
controls, export or import controls, or any other government restriction, wars, hostilities,
blockades, civil disturbances, revolutions, strikes, terrorist attacks, lockouts, or any other cause
beyond the reasonable control of a Party, such Party shall not be responsible to the other
Parties for failure or delay in performance of its obligations under this Agreement. Each Party
shall promptly notify the other Parties of such force majeure condition. The terms of this Clause
shall not exempt but merely suspend a Party from its duty to perform the obligations under this
Agreement until as soon as practicable after a force majeure condition ceases to exist.
Recording Devices:
Videotaping of the sessions provided by Nancy Powell Bartlett will be permitted for archival
purposes, for the purpose of quality assurance, and for the purposes of training city officers and
employees. Consultant will receive one copy of the tape/recording within 45 days after the
session. Videotaping of others’ copyrighted materials, which Consultant has permission to use,
may only be videotaped with the written permission of the owner of the copyright. Under NO
circumstances may videos be sold or shown to audiences other than city officers or employees
without express written permission of Nancy Powell Bartlett, these recordings will not be
accessible to the general public and are considered Confidential Information. This information is
also the work product of Nancy Powell Bartlett and is therefore property of Nancy Powell
Bartlett. As such, any and all knowledge as a part of this consultation shall be kept confidential
and shall not be used, published, or divulged by Consultant to any other person, firm or
corporation, or in any advertising or promotion regarding the Consultant in any manner
whatsoever without first obtaining prior written permission of the Client, unless required by law.
Within the parameters specified above, Consultant grants the City of Irving first right of copies of
recorded material and paper documents related to services provided, as specified in this
contract. Copies of the videos produced by ICTN may not be sold by the Consultant.
Work Product:
Consultant shall own exclusive property rights for all of the results and proceeds of her services
as a result of her preparation and performance of training, speaking or consulting for this
engagement. This right applies in whatever stage of completion, all of which will be considered
a work for hire, including but not limited to, all written work, research, outlines, computer
programs, specifications, ideas, scripts, designs, concepts, reports, documentation and any
other tangible or intangible work product. Consultant shall own these rights for her work
products into perpetuity throughout the universe including, without limitations, the rights to
produce, manufacture, record, reproduce, distribute, transfer, or prepare derivative works from
her Work Product by any art, medium, or method and all copyrights, trademarks and or patents
in the Work Product.
Use of the City of Irving’s Videos:

The Client gives permission to the Consultant to utilize videos made by the City of Irving that
promote its successes, in venues external to the City and for presentations to Consultant’s other
clients. Use of these videos will be topic-related and will provide the Client with positive
exposure to other organizations. Consultant will request written permission for authorized use
from the Client’s Corporate Communications Department to grant reasonable use during term of
this contract.
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9.a
Renewal Options:
The City of Irving may, if agreeable to both parties, extend the contract for two (2) additional one
(1) year periods under the same terms and conditions as awarded or with pricing adjustments
as explained below.
Price Adjustments:
Prices shall be firm for a 12-month period for one year beginning with the contract award date.
At the end of the initial one-year contract period, contractor shall have the right to submit price
adjustments. The City shall have the right to approve the price adjustment or go out for new
bids.
The Purchasing Division will contact the awardee approximately 90 days before the original
contract expiration date to see if the awardee wants to renew the contract. Written requests for
an adjustment in pricing shall be made at this time by the awardee. The written request shall be
submitted to the Purchasing Division, 845 W. Irving Blvd, Irving, Texas 75060.
Taxes:
In the event that there are any sales taxes, admission taxes, gross receipts taxes, user fees and
other withholding charges, taxes or fees of any kind levied by the jurisdiction where the
speaking engagement is to take place, the Client shall be wholly responsible for all such taxes
and expenses in addition to any other payment due under the terms of this Agreement.
Notwithstanding the preceding sentence, each party shall be responsible for their own U.S.
income taxes.
To confirm this Agreement, please sign and immediately send an electronic copy to
bartpair1@verizon.net, as well as, mail your deposit to Consultant for receipt by Consultant no
later than January 5, 2010. A fully executed copy will be returned to Client.
Contract Cancellation:
Either party may terminate this Agreement by giving to the other thirty (30) days notice in
writing. Upon delivery of such notice by the Client to the Consultant, the Consultant shall
discontinue all services in connection with the performance of this Agreement. As soon as
practicable after receipt of notice of termination, the Consultant shall submit a statement,
showing in detail the services performed under this Agreement for which Consultant has not been
paid. Consultant shall be paid for all services performed less such payments as have been
previously made. Copies of all completed or partially completed videos and written documents in
possession of the Client shall remain with the client available for use by the client and the non-
disclosure provisions of this contract shall survive termination of the contract. Copies of all
completed or partially completed videos shall also be provided to the Consultant.
Approved by the Client, Approved by the Consultant,
________________________ ____________________________
City of Irving Nancy Powell Bartlett
________________________ ____________________________
Title Title
________________________ ____________________________
Date Date
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EXHIBIT “A”
Exhibit “A” - Page 1

9.b
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Attachment: B 09-10 The Bartlett Alliance Training Schedule (3017 : 12 Agmt the Bartlett Alliance)
9.b
EXHIBIT “A”
CLASS SCHEDULE 2010 CITY OF IRVING
THE BARTLETT ALLIANCE - NANCY POWELL BARTLETT
Dates in this exhibit may change prior to the final calendar issuance in December
2009. This exhibit is for planning purposes. Reference Irving University Web site
to confirm final class dates and times.
1) Values Based Leadership (AOE1): January 14, 2010 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
2) The Power of Your Actions (AOE): March 11, 2010 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
3) A Guide to Managing Projects: April 12, 2010 – 1 class
a. 8:00 – 12:00 PM
4) Leading a High Performance Team: April 22, 2010 – 2 classes
a. 8:00 – 12:00 PM
b. 1:00 – 5:00 PM
5) Own It! (AOE & open enrollment): May 6, 2010 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
6) Managing Projects for Results: May 13 – 14, 2010 – 1 class
a. 8:00 AM – 5:00 PM both days
7) A Guide to Managing Projects: May 27, 2010 – 1 class
a. 8:00 AM – 12:00 PM
8) Own It! (AOE & open enrollment): May 27, 2010 – 1 class
a. 2:00 PM – 4:00 PM
9) Situational Leadership: June 3 – 4, 2010 – 1 class
10) A Guide to Managing Projects: June 17, 2010 – 2 classes
a. 8:00 – 12:00 PM
b. 1:00 – 5:00 PM
11) Own It! (AOE & open enrollment): July 8, 2010 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
12) Beyond Words (AOE): August 2, 2010
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
1
AOE = The Art of Operational Excellence (SuperVision Series)

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9.b
13) People Matter (open enrollment): August 16, 2010 – 2 classes

a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
14) People Matter (open enrollment): September 9, 2010 – 2 classes
a. 9:00 – 11:00 AM
b. 1:30 – 3:30 PM
15) The 7 Habits of Highly Effective People: September 22 – 24, 2010 – 1 class
a. 8:00 AM – 4:30 PM September 22 & 23
b. 8:00 AM – Noon September 24
16) People Matter - for Leaders (AOE): October 7, 2010 – 2 classes
a. 9:00 AM – 12:00 PM
b. 1:30 PM – 4:30 PM
17) Leading a High Performance Team: October 21, 2010 – 2 classes
a. 8:00 AM – 12:00 PM
b. 1:00 PM – 5:00 PM
18) Situational Leadership: November 4 – 5, 2010 – 1 class
19) The 7 Habits of Highly Effective People: December 8 - 10, 2010 – 1 class
a. 8:00 AM – 4:30 PM December 8 & 9
b. 8:00 AM – Noon December 10
20)Teambuilding sessions, one and a half days per department director
requests (Solid Waste Services [1] and Fire departments [1/2])
21) Up to three days of services to be agreed upon by both parties at least 60
days in advance of service delivery

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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3114

Recommending Department: Benefits & Risk Management LSR No:
Resolution -- Approving an Amendment to the Group Health Benefit Plan

for Employees and Retirees of the City of Irving and Authorizing the Mayor
to Execute any Necessary Documents Related to the Amendment
1. This item supports Strategic Goal No. 8: Sound Governance
2. Impact: Approval of this amendment to the health plan document incorporates
service and fitness incentives as methods of reducing retiree premium costs and
reduces future costs by more than $18 million over 15 years.
3. Retirees and spouses who attain age 65 on or after January 1, 2010, will have
Medicare or Medicare Advantage, and are no longer eligible for city insurance.
4. Employees hired on or after January 1, 2010, must be age 55 and have at least 10
years of continuous Irving service to be eligible for the health insurance fixed
subsidy.
5. Employees who retiree on or after January 1, 2012, will receive fixed premium
credits based on their City of Irving continuous service and earn fitness premium
incentive credit based on their physical fitness or biometrics and wellness scores.
Recommendation
Previous Action: Council Work session- Council Action: Discussion Only
October 7
.
ATTACHMENTS:
A. Health Plan 2009 Summary of Changes (PDF)
B. Health Benefit Plan 2009 Document (PDF)

None
Prepared: 11/18/2009 10:04 AM by Jennifer Dwyer
Last Updated: 11/25/2009 11:04 AM by Belinda Rowlett
Packet Pg. 172

10
CITY OF IRVING

SECTION I. THAT the City Council hereby adopts the attached “Group Health Benefit Plan for
Employees and Retirees of the City of Irving, As Amended and Restated through
January 1, 2010,” and the Mayor is authorized to execute any necessary documents.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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10.a
City of Irving
Group Health Benefit Plan
Summary of Substantive Changes Generally Effective January 1, 2010
Section Description of Change

Preamble Revised to provide short description of major changes and effective date.
Attachment: A. Health Plan 2009 Summary of Changes (3114 : Amend Health Benefit Plan)
2.25(iii) Clarify circumstances where grandchild may be a Dependent.
2.36 Added definition of “Fitness Test” to describe the test that determines whether
and, if so, the amount of additional health care subsidy that will be paid by the
City based on the fitness level maintained by Employees.
2.62 Definition of “Out-of-Pocket Maximum” revised from fixed amount to allow each
year’s annual enrollment guide to determine the out-of-pocket maximum cost for
that particular year.
2.74 Definition of “Pre-Certification” revised to eliminate disparate requirements for
mental health and substance abuse services.
2.75 Subsection (i) Description of Change relating to genetic information deleted to
eliminate possibility of disparate treatment for genetic condition.
3.01(A) Revised to allow Plan Administrator to require additional information to support
claim that a person is a dependent of a Covered Employee.
3.01(B) Revised to eliminate coverage for retirees and spouses who attain age 65 after
January 1, 2010 and to preclude Retirees and spouses who leave Covered
status after January 1, 2010 from returning to Covered status.
3.03 Subsection (ii) revised to clarify that Covered status ends when a Retiree or
spouse attains age 65 if after 2009.
4.02 Revised to provide for additional City contributions for Employees who earn
Fitness Credits.
4.03(A) and (B) New Section to describe City contributions other than for Fitness Credits for
Retirees who retire after 2011.
6.01 Revised to eliminate separate Benefit Maximums for mental health and
substance abuse coverage.
6.01(A)(i) Paragraphs (f) and (g) which separately state specific copayments for mental
health and substance abuse deleted.
6.01(A)(ii) Paragraphs (f), (g) and (h) which separately state copayments for Outpatient
care for mental health and substance abuse treatment deleted.
6.01(A)(iv) Paragraph (d) revised to eliminate name of specific Plan (i.e. “Choice Pos II”)
15.01 Revised to expressly allow the amendment of the Plan to provide more generous
contributions or benefits in connection with the recruitment and or retention of a
specific employee.
16.11 Revised to eliminate implication that only one notice is needed in the event of an
opt-out of compliance with HIPPA or MNHPA.
2923622.1/SP/21748/0101/111309 Packet Pg. 174

10.b
GROUP HEALTH BENEFIT PLAN

FOR
EMPLOYEES AND RETIREES
Attachment: B. Health Benefit Plan 2009 Document (3114 : Amend Health Benefit Plan)
OF
THE CITY OF IRVING
As Amended and Restated through January 1, 2010
2870162.7/SP/21748/0101/112009
Packet Pg. 175
10.b
FOR
EMPLOYEES AND RETIREES
OF
THE CITY OF IRVING
PREAMBLE
City of Irving hereby amends and restates the group health plan known as the Group Health
Benefit Plan for Employees and Retirees of the City of Irving (the “Plan”); the Effective Date for
all changes shall be January 1, 2010, except where a different Effective Date is provided. The
major changes made by these amendments are (1) the phase-out of Employer contributions on
behalf of future Retirees and their spouses who have Attained Age sixty-five (65); such Retirees
and spouses may be enrolled in Medicare or the Public Employee Benefits Alliance (“PEBA”) ,
and receive medical benefits under that plan; (2) an opportunity on or after January 1, 2010 for
Employees to apply fitness credits if they retire on or after January 1, 2012 to reduce the
premiums they would otherwise pay after retirement for City of Irving health insurance; and (3)
elimination of differences in treatment provided for mental health and substance abuse as
distinguished from surgical and medical. Also, commencing in 2012 the City of Irving
contributions to the Plan to provide Retiree Coverage under the Plan will be made in the form of
a subsidy that will vary depending upon the years of continuous service the Retiree served as an
Employee of the City of Irving. The plan consists of a Choice POS II plan, a Quality Plus plan
and a High Deductible Health Plan (i.e. Quality Connect Plan) with a Health Savings Account.
The terms and conditions of the Plan are as follows:
i
Packet Pg. 176
10.b
CITY OF IRVING
TABLE OF CONTENTS
Article/Section Titles/Section Headings Page
Preamble i
I Purpose 1
II Definitions 2
III Participation 18
IV Contributions 23
V Special Provisions for Continuation of Coverage 26
VI Medical Benefits 30
VII Limitations and Exclusions on Medical Benefits 36
VIII Coordination of Benefits with Other Plans 42
IX Special Provisions for Participants Eligible for Medicare 45
X Claims Payment Provisions 46
XI Miscellaneous Provisions 56
XII Duties and Powers of the Plan Administrator 58
XIII Disclaimer of Liability 59
XIV Guarantees and Liabilities 60
XV Amendments, Terminations and Mergers 61
XVI Miscellaneous New Law and OBRA 1993 Provisions 62
XVII HIPAA Privacy Provisions 70
ii
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10.b
ARTICLE I
PURPOSE
The purpose of the Plan is to provide medical care benefits for Employees and Retirees of the
Employer and their Dependents who become eligible hereunder.
[Return to Table of Contents]
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10.b
ARTICLE II
DEFINITIONS
The following terms, as used in the Plan, shall have the meaning specified in this Article II,
unless a different meaning is clearly required by the context in which it is used:
Section 2.00 – Construction: Any words herein used in the masculine shall be read and
construed in the feminine where they would so apply. Words in the singular shall be read and
construed as though used in the plural in all cases where they would so apply.
Section 2.01 The term “Actively at Work” shall mean performing the usual duties of the
Employee’s job at the location where the Employee generally reports to work without exception.
Section 2.02 The term “Ambulatory Care” shall mean services provided in an Ambulatory
Care Facility.
Section 2.03 The term “Ambulatory Care Facility” shall mean a facility that provides
Outpatient Care.
Section 2.04 The term “Approved Leave of Absence” shall mean an approved leave of absence
which meets guidelines set out in Employer procedures and approved by the Plan Administrator.
Section 2.05 The term “Attained Age” shall mean the age, in years, of a Participant or
Employee as of the last anniversary of his date of birth.
Section 2.06 The term “Benefit Year” shall mean October 1 through September 30 of each
year.
Section 2.07 The term “Behavioral Health Care Coordinator (BHCC)” shall mean the Claims
Administrator entity responsible for coordinating medical care for the treatment of alcoholism,
drug abuse, and mental disorders.
Section 2.08 The term “Benefit Year Maximum” shall mean the maximum amount which will
be paid by the Plan to or on behalf of a Participant for Incurred Charges in any Benefit Year.
Such applicable maximum shall be specified under the specific Plan Option in Article VI.
Section 2.09 The term “Child” shall mean any person who is living in a parent-child
relationship with the Covered Employee and with respect to whom the following requirements
are met:
(i) The Covered Employee is entitled to an exemption (for such child) on his federal
income taxes, or has court-appointed responsibilities for the child’s medical
expenses, or has sole managing conservatorship of the child; and
(ii) The child is a natural child, legally adopted child, child placed for adoption with,
stepchild (where the Covered Employee or Covered Employee’s spouse has sole
2 Packet Pg. 179

10.b
managing conservatorship), foster child or grandchild of the Covered Employee.

In the case of a child placed for adoption, an adopted child, or a newborn child,
the Covered Employee must verify adoption and birth by legal adoption papers
and/or proof of birth to the satisfaction of the Plan Administrator. In the case of a
grandchild, the Covered Employee must provide documentation showing that the
grandchild is a dependent of the Covered Employee for federal income tax
purposes at the time the application for coverage of the grandchild is made.
For purposes of this subsection the Plan Administrator may request whatever legal
documentation may be necessary to establish the described relationship.
Section 2.10 The term “Claims Administrator” shall mean the person or persons appointed by
the Plan Administrator to determine benefit eligibility and to adjudicate claims under the Plan.
Section 2.11 The term “COBRA” shall mean the Consolidated Omnibus Budget Reconciliation
Act of 1985, as amended.
Section 2.12 The term “COBRA Continuation Coverage” shall mean the continuation of health
care benefits, on a self-pay basis for Covered Employees, Retirees and their Dependents,
following the occurrence of a Qualifying Event under the Plan.
Section 2.13 The term “COBRA Disability” shall mean a physical or mental condition such
that a Covered Employee or Qualified Dependent is determined under Title II or XVI of the
Social Security Act to have been disabled at any time during the first sixty (60) days of COBRA
Continuation Coverage.
Section 2.14 The term “Code” shall mean the Internal Revenue Code of 1986, as amended.
Section 2.15 The term “Coinsurance” shall mean the percent of charges payable by the
Participant, after the Deductible has been satisfied, unless otherwise specified under the Plan.
Section 2.16 The term “Continuation Coverage Payment(s)” shall mean the payment(s)
required for COBRA Continuation Coverage which shall be an amount equal to a reasonable
estimate of the cost to the Plan of providing coverage for all Covered Employees for the same
period plus a two percent (2%) administrative expense. In the case of a Covered Employee or
Qualified Dependent with a COBRA Disability (or a Qualified Dependent who is entitled to
COBRA Continuation Coverage in connection with the COBRA Disability of a related Covered
Employee or Qualified Dependent), who receives an additional eleven (11) months of extended
coverage (herein referred to as the “disability extension period”) under COBRA, or who
experiences a second Qualifying Event during the disability extension period, the Employer may
assess up to one hundred and fifty percent (150%) of the cost determined under this Section for
the disability extension period. Such cost shall be determined on an actuarial basis and take into
account such factors as the Secretary of the Treasury may prescribe in regulations.
Section 2.17 The term “Copay” shall mean the specified dollar amount payable by the
Participant.
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10.b
Section 2.18 The term “Coverage Level(s)” shall mean the selections available to the
Employee including Employee Only, Employee plus Children, Employee plus Spouse, or
Employee plus Family. For Retirees, “Coverage Level” shall mean the selections available to a
Retiree including Retiree only, Retiree plus Children, Retiree plus Spouse, or Retiree plus
Family.
Section 2.19 The term “Covered Charge” shall mean the cost to a Participant of a service or
supply described in this Plan, which meets subclause (i) and (ii) below; however, such cost
incurred by the Participant shall not be a Covered Charge to the extent that a lower-cost service
or supply is available and adequate under the circumstances.
(i) Services and supplies which are Medically Necessary, reasonable and appropriate
and meet generally accepted standards of medical or surgical practices; or
(ii) Services and supplies which are not in excess of the usual, customary and
reasonable fee in a region or locality (defined by the Plan Administrator) in which
they are rendered or the specified fee schedule for a Preferred Care Provider or in
excess of the contracted rates (per diems, discounts, capitation, fee schedule
costs).
A cost shall not be a Covered Charge unless it is provided by or under the direction of a
Physician, or Other Professional Provider, acting within the scope of his license, to perform
services for which benefits are payable under the Plan. No cost shall be a Covered Charge to the
extent that it exceeds the Reasonable and Customary charge of providers in a locality defined by
the Plan Administrator within the particular geographic area (or, in the case of services which are
provided by a Preferred Care Provider, such fee exceeds the fee schedule for that Preferred Care
Provider). Whether a charge is in excess of such an amount will be determined in accordance
with guidelines adopted by the Claims Administrator.
Covered Charges shall not include the following:
(i) Charges for food, housing, homemaker’s services or home-delivered meals;
(ii) Charges for the services of a person licensed or unlicensed who ordinarily resides
in the Participant’s home or is a member of the Family of either the Participant or
the Participant’s spouse;
(iii) Charges during any period in which the Participant is not under the continuing
care of a Physician; or
(iv) Charges for Custodial Care.
Section 2.20 The term “Covered Employee” shall mean each Employee who is eligible to
participate and who participates in the coverage under Section 3.01(A) of the Plan, provided that
the Plan Administrator may, in writing, designate other employee groups as Covered Employees.
For purposes of this Plan, the term “Covered Employees” shall include Retirees, unless
otherwise specified or unless the context clearly indicates that the term means active Employees.
For purposes of Article V, a “Covered Employee” shall mean a former Employee who is eligible
4 Packet Pg. 181

10.b
to elect COBRA Continuation Coverage. Notwithstanding the foregoing, an individual shall not
be a Covered Employee during any period when the individual’s services are performed for the
Employer under an arrangement that the Employer has determined to be a leased employee
arrangement or an independent contractor arrangement, regardless of whether such arrangement
is subsequently determined to cause such individual to be a common law employee of the
Employer.
Section 2.21 The term “Creditable Coverage” means coverage of any individual as determined
in accordance with Section 16.08.
Section 2.22 The term “Custodial Care” shall mean care consisting of services and supplies,
provided to an individual in or out of an institution, primarily to assist him in daily living
activities, whether or not he is disabled, and no matter by whom recommended or furnished.
Room and board and skilled nursing services are not, however, considered Custodial Care if
provided during confinement in an institution for which coverage is available under this Plan,
and if combined with other necessary therapeutic services, under accepted medical standards,
which can reasonably be expected to substantially improve the individual’s medical condition.
Section 2.23 The term “Deductible” shall mean Covered Charges which are paid by the
Covered Employee prior to a benefit being payable by the Plan under Article VI each Benefit
Year. The amount of the Preferred Care Provider and Non-Preferred Care Provider annual
Deductible for a Covered Employee, Dependent, and Family of a Covered Employee shall be the
amounts published in the annual enrollment guide as approved by the Plan Administrator. The
enrollment guide is the document that summarizes the benefit plan offerings and is prepared by
the Plan Administrator or the Claim Administrator and distributed to Participants annually or
during their Enrollment Period. Prescription drug expenses shall apply to the Annual Deductible
for the Quality Connect plan. No hospital Deductible shall apply to Preferred Care Provider
Inpatient Hospital admissions. The only Covered Charges which shall apply to the Family
Deductible shall be the Covered Charges paid by a Family member as a Deductible charge. A
carryover deductible shall not apply to this Plan. Amounts which are deemed to be a penalty for
failure to obtain Pre-Certification services shall not count toward any Deductible.
Section 2.24 The term “Dentist” shall mean an individual licensed as a dentist in the specific
jurisdiction in which services are provided.
Section 2.25 The term “Dependent” shall mean any person described in (i) or (ii) below.
(i) The legally recognized spouse of a Covered Employee who is of the opposite sex
from the Covered Employee; provided, however, that a spouse who is legally
separated or divorced from the Covered Employee shall not be a Dependent
except for purposes of COBRA Continuation Coverage under Section 5.01. In the
case of a common law marriage, the spouse shall be considered a spouse under
this Plan only if, and on and after the date, the Covered Employee and common
law spouse have obtained a certificate or declaration and registration of informal
marriage; or
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10.b
(ii) An unmarried Child of a Covered Employee who:
(a) Is under Attained Age twenty-five (25);
(b) Is continuously incapable of self-support because of a Physical Handicap

and is dependent on the Covered Employee for principal support and
maintenance and for whom the Covered Employee is entitled to an
exemption for federal income tax purposes. The Covered Employee must
provide proof of such Physical Handicap within the thirty (30) day period
after the date the Child would otherwise lose Dependent status; or
(c) Is, for purposes of Section 2.77, a child who is born to, placed for adoption
with, or legally adopted by the Employee during the period of COBRA
(iii) A grandchild of the Covered Employee who would satisfy the requirements of
Subsection 2.25(ii)(a) or (b) if a child of the Covered Employee if the Covered
Employee provides documentation showing that the grandchild is a dependent of
the Covered Employee for federal income tax purposes at the time the application
for coverage of the grandchild is made.
Section 2.26 Subject to Section 3.01(A)(iii), the terms “Dependent Enrollment Period” and
“Dependent Enrollment Date” shall mean:
(i) For the purposes of enrolling a Dependent in the Plan, the Dependent Enrollment
Period shall mean the thirty (30) day period subsequent to the date the Covered
Employee becomes eligible for coverage under Section 3.01(A) with the
Employer. If the Covered Employee enrolls the Dependent within this Dependent
Enrollment Period, the Dependent Enrollment Date shall be the same day as the
date the Covered Employee’s coverage begins.
(ii) If the Covered Employee acquires an eligible Dependent (by birth, adoption or
otherwise), the Covered Employee may complete, sign and return an enrollment
card to the Plan Administrator within the Dependent Enrollment Period which
shall be the thirty (30) day period after the date the Covered Employee acquires
the new Dependent. If the newly acquired Dependent is enrolled within this
Dependent Enrollment Period, the Dependent Enrollment Date and the effective
date of the Dependent’s coverage shall be the first date the Dependent met the
definition of a Dependent.
Section 2.27 The term “Durable Medical Equipment” shall mean no more than one item of
equipment for the same or similar purpose and the accessories needed to operate it, that is: (a)
made to withstand prolonged use; (b) made for and mainly used in the treatment of a disease or
injury; (c) suited for use in the home; (d) not normally of use to persons who do not have a
disease or injury; (e) not for use in altering air quality or temperature; and (f) not for exercise or
training. Not included is equipment such as swimming pools, whirlpools, portable whirlpool
pumps, hot tubs, sauna baths, massage devices, overbed tables, elevators, communication aids,
vision aids, and telephone alert systems. Preferred Care Provider Covered Charges for Durable
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10.b
Medical Equipment are payable at eighty percent (80%), and Non-Preferred Care Provider
Covered Charges are payable at seventy percent (70%) after any applicable Deductible.
Section 2.28 The term “Effective Date” shall mean, for Plan provisions altered by this
restatement and except as otherwise provided herein, January 1, 2010.
Section 2.29 The term “Elective Surgery” shall mean a surgical procedure not requiring
immediate attention, and therefore planned at a time convenient for the Participant.
Section 2.30 The term “Employee” shall mean each regular full-time employee of the
Employer, as designated by the Employer and reflected in the records of the Employer.
Section 2.31 The term “Employer” shall mean the City of Irving, Texas.
Section 2.32 Subject to Section 3.01(A)(iii), the term “Enrollment Period” shall mean a
reasonable period of time prior to the beginning of each Plan Year or, for newly eligible
Employees, the period of time specified under the Plan for enrollment.
Section 2.33 The term “Experimental or Investigational Procedure(s)” means any drug, device,
procedure or treatment which, as of the date the claim is incurred, is determined in conjunction
with the terms and conditions of this Plan to be a drug, device, procedure or treatment which or
with respect to which:
(i) There are insufficient outcomes data available from controlled clinical trials
published in the peer-reviewed literature to substantiate its safety and
effectiveness for the disease or injury involved; or
(ii) If required by the FDA, approval has not been granted for marketing; or
(iii) A recognized national medical or dental society or regulatory agency has

determined, in writing, is experimental, investigational, or for research purposes;
or
(iv) The written protocol or protocols used by the treating facility, or the protocol or
protocols of any other facility studying substantially the same drug, device,
procedure, or treatment, or the written informed consent used by the treating
facility or by another facility studying the same drug, device, procedure, or
treatment states is experimental, investigational, or for research purposes.
The Plan Administrator has discretionary authority to determine whether an expense is incurred
for an Experimental or Investigational Procedure, with reference to established treatments and
procedures, current applicable literature, and applicable law.
Section 2.34 The term “Extended Care Facility” shall mean an institution which:
(i) Is licensed to provide, and does provide, on an inpatient basis for persons
convalescing from disease or injury, (a) professional nursing care by a registered
nurse (R.N.), or by a licensed practical nurse (L.P.N.) directed by a full-time R.N.,
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10.b
and (b) physical restoration services to help patients to meet a goal of self-care in
daily living activities; and
(ii) Provides 24 hour a day nursing care by licensed nurses directed by a full-time
R.N.; and
(iii) Is supervised full-time by a physician or R.N.; and
(iv) Keeps a complete medical record on each patient; and
(v) Is not mainly a place for rest, for the aged, for drug addicts, for alcoholics, for
mental retardates, for custodial or educational care, or for care of mental
disorders.
Section 2.35 The term “Family” shall mean a Covered Employee and his Dependents. For
purposes of determining satisfaction of the Family Deductible and Family Out-of-Pocket
Maximum, only Family members who are covered under the Plan shall be considered as Family.
Section 2.36 The term “Fitness Test” shall mean a physical fitness test that includes a battery
of tests, namely a 1.5 mile run, bench press, vertical jump, sit-ups, push-ups and a 300 meter run,
or biometric health screening test and participation in wellness point programs. The tests are
voluntary and non-job related.
Section 2.37 The term “Group Health Benefit Plan” or “Plan” shall mean the Choice POS II
Open Access and the High Deductible Health Plan (“HDHP”), hereafter referred to as Quality
Connect with Health Savings Accounts (“HSA”) medical plan administered by Aetna for the
Employees and Retirees of the City of Irving. The term “HDHP” and “HSA” shall mean Title
XII, Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of
2003, and Section 223 of the Internal Revenue Code, as amended, and the regulations
promulgated thereunder. The term “Quality Connect” shall mean a health plan with all the
features of a High Deductible Health Plan with a Health Savings Account. Services performed
by Aetna network providers shall be considered performed by a Preferred Care Provider; all
other services shall be considered performed by a Non-Preferred Care Provider. If a Participant
resides outside of the Choice POS II network or the Quality Connect network, the Participant
shall have access to the Aetna Open Choice network. If the Open Choice network is not
available to the Participant, the Participant shall be enrolled in the Aetna Out of Area plan.
Section 2.38 The term “HIPAA” shall mean the Health Insurance Portability and
Accountability Act of 1996, as amended.
Section 2.39 The term “Home Health Care” shall mean the following care provided to the
Participant at the Participant’s home by a Home Health Care Agency on recommendation of a
Physician:
(i) Part-time or intermittent care by a registered nurse (R.N.) or by a licensed

practical nurse (L.P.N.) if an R.N. is not available;
(ii) Part-time or intermittent home health aide services for patient care;
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10.b
(iii) Physical, occupational, and speech therapy; or
(iv) Medical supplies, drugs and medicines prescribed by a Physician, and lab services
provided by or for a Home Health Care Agency, to the extent they would have
been covered under this Plan if the person had been confined in a hospital or
convalescent facility.
Section 2.40 The term “Home Health Care Agency” shall mean any of the following: (i) a
home health care agency licensed by the state in which it is located, or (ii) a home health agency
as defined by the Social Security Administration, or (iii) an organization which is certified by the
Participant’s Physician as an appropriate provider of home health services, and which meets the
following requirements: (a) has a full-time administrator, (b) keeps written medical records, and
(c) has at least one physician and has at least one registered nurse (R.N.) on staff or the services
of a R.N. available.
Section 2.41 The term “Hospice” shall mean a public agency or a private organization which
provides care and services for terminally ill persons and their families. Such agency or
organization must satisfy the following requirements:
(i) Has Hospice Care available 24 hours a day;
(ii) Meets any licensing or certification standards set forth by the jurisdiction where it
is;
(iii) Provides skilled nursing services, medical social services, and psychological and
dietary counseling;
(iv) Provides or arranges for other services, including without limitation services of a
Physician, physical and occupational therapy, part-time home health aide services
which mainly consist of caring for terminally ill persons, and inpatient care in a
facility when needed for pain control and acute and chronic symptom
management;
(v) Has personnel which include at least one Physician, one registered nurse (R.N.),
and one licensed or certified social worker employed by the agency;
(vi) Establishes policies governing the provision of Hospice Care;
(v) Assesses the patient’s medical and social needs;
(vi) Develops a Hospice Care program to meet those needs;
(vii) Provides an ongoing quality assurance program, including reviews by Physicians

other than those who own or direct the agency; and
(x) Keeps a medical record on each patient.
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Section 2.42 The term “Hospice Care” shall mean care rendered by a Hospice and designed to
provide palliative and supportive care to terminally ill persons and supportive care to their
families.
Section 2.43 The term “Hospital” shall mean an institution licensed as a hospital, which:
(i) Mainly provides inpatient facilities for the surgical and medical diagnosis,
treatment, and care of injured and sick persons;
(ii) Is supervised by a staff of Physicians;
(iii) Provides 24 hour a day registered nurse (R.N.) services; and
(iv) Is not mainly a place for rest, for the aged, for drug addicts, for alcoholics, or a
nursing home.
The Plan Administrator may designate any other facility, such as a Hospice, Extended Care
Facility, substance abuse center, Ambulatory Care facility, free-standing dialysis facility, or
Outpatient psychiatric facility as a Hospital.
Section 2.44 The term “Hospital Inpatient Services and Supplies” shall mean costs incurred by
the Participant for the following:
(i) Room and board, which shall be limited to the Hospital’s usual daily semi-private
room rate or (if applicable) the Group Health Benefit Plan Preferred Care
Provider rate;
(ii) Hospital services and supplies, including but not limited to, operating room,
prescription drugs and medications received while an Inpatient, x-rays, laboratory
tests, and specialized therapies (e.g., respiratory, physical, etc.), surgical services,
Inpatient elective surgery, and organ and tissue transplants;
(iii) Blood and blood plasma, if not replaced by a refund or allowance made to the
Participant by a blood bank or similar organization; and
(iv) Anesthesia and its administration.
Section 2.45 The term “Incurred Charges” shall mean, for purposes of the benefits provided
that are considered Covered Charges under the Plan, services or supplies that are actually
received and payable by a Covered Employee and/or his Dependents.
A charge shall be considered an Incurred Charge on the date that the supplies or services are
actually received.
Section 2.46 The term “Illness(es)” shall include any non-occupational disease; mental,
emotional or nervous disorder; and covered pregnancy.
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10.b
Section 2.47 The term “Injury” or “Injuries” shall mean only non-occupational accidental
bodily injury. All Injuries including related conditions and recurrent conditions of such Injuries
sustained by a Covered Employee or Dependent in connection with any accident shall be
considered one Injury.
Section 2.48 The term “Inpatient” shall mean a Participant who is treated as a registered bed
patient in a Hospital or Other Facility Provider and for whom a room and board charge is made.
Section 2.49 The term “Inpatient Care” shall mean Medical Care provided to an Inpatient.
Section 2.50 The term “Intensive Care Unit” shall mean a facility of the Hospital, apart from
patients’ bedrooms, operating rooms, or recovery rooms, which is used for the patients whose
conditions require unusual nursing care beyond the general nursing services provided by the
Hospital. It does not include the services of private special duty nurses.
Section 2.51 The term “Lifetime Maximum Benefit” shall mean the greatest amount of
Incurred Charges to be paid by the Plan on behalf of a Participant which are incurred during such
Participant’s lifetime. The Lifetime Maximum Benefit shall be specified in Article VI. At the
beginning of each Plan Year, the Lifetime Maximum Benefit shall be restored by an amount of
no more than ten thousand dollars ($10,000) for amounts charged against the Lifetime Maximum
Benefit.
Section 2.52 The term “Medical Care” shall mean professional services rendered by a
Physician or Other Professional Provider for the treatment of an Illness or Injury provided
pursuant to Article VI and Article VII of the Plan.
Section 2.53 The term “Medical Emergency” shall mean a medical condition manifesting itself
by a sudden and unexpected onset of acute symptoms of sufficient severity that in the absence of
immediate medical attention could reasonably be expected to result in death or permanent
disability.
Section 2.54 The term “Medically Necessary” shall mean the services, treatment or supplies
which are determined in accordance with reasonable procedures established by the Plan
Administrator or in accordance with guidelines applied by the Claims Administrator and are
required to identify or treat a Participant’s Illness or Injury and which are:
(i) Consistent with the symptom or diagnosis and treatment of the Participant’s
condition, disease, ailment or Injury;
(ii) Appropriate with regard to standards of generally accepted medical practices and
procedures;
(iii) Not primarily Custodial Care;
(iv) Services that could not have been omitted without adversely affecting the
Participant’s condition or the quality of Medical Care rendered;
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(v) Not solely for the convenience of a Participant, Physician, Hospital or Other
Facility Provider; and
(vi) The most appropriate supply or level of service which can be safely provided to
the Participant or, for an Inpatient, services that cannot be safely provided to the
Participant as an Outpatient based on the requirements of the Participant’s
medical symptoms or condition.
Although a Physician or Other Professional Provider may have prescribed treatment, such
treatment may not be considered Medically Necessary within this definition.
Section 2.55 The term “Medicare” shall mean Title XVIII of the Social Security Act, as
amended, and the regulations promulgated thereunder.
Section 2.56 The term “National Medical Excellence Program (NME)” shall mean the program
that helps eligible Participants access appropriate covered treatment for solid organ and tissue
transplants using Aetna’s Institutes of Excellence network.
Section 2.57 The term “Non-Preferred Care Provider” shall mean a Physician, Hospital,
pharmacy, Other Professional Provider, Other Facility Provider or other health care provider
who does not participate in the designated network under the Aetna Choice POS II or the Quality
Connect.
Section 2.58 The term “OBRA ‘93” shall mean the Omnibus Budget Reconciliation Act of
1993.
Section 2.59 The term “Organ and Tissue Transplant” shall mean transplants of organs and
tissues, including transplants of the heart, heart and lung, lung, kidney, liver, pancreas, kidney
and pancreas, and bone marrow.
Section 2.60 The term “Other Facility Provider” shall mean any of the following: alcoholism
treatment facility, ambulatory surgical facility, drug abuse treatment facility, free-standing
dialysis facility, outpatient psychiatric facility, psychiatric day treatment facility, psychiatric
hospital or rehabilitation hospital.
Section 2.61 The term “Other Professional Provider” shall mean, with approval of the Claims
Administrator, any of the following persons or practitioners, including a Physician, acting within
the scope of his or her license, who are certified and licensed in the state in which the services
are provided:
(i) Anesthetist;
(ii) Audiologist;
(iii) Chiropractor;
(iv) Clinical social worker, or MSW;
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10.b
(v) Dentist;
(vi) Doctor of optometry;
(vii) Doctor of psychology;
(viii) Emergency medical technician;
(ix) Independent laboratory technician;
(x) Licensed practical nurse;
(xi) Licensed vocational nurse;
(xii) Pharmacist;
(xiii) Physical therapist;
(xiv) Registered nurse;
(xv) Respiratory therapist; and
(xvi) Speech - language pathologist.
Section 2.62 The term “Out-of-Pocket Maximum” shall mean the maximum amount of
Incurred Charges during any Benefit Year that the Covered Employee shall pay before the Plan
shall pay one hundred percent (100%) of Incurred Charges for that Benefit Year. Amounts paid
toward the annual Deductible and hospital Deductible for Non-Preferred Care Provider services
shall not be applied toward the Out-of-Pocket Maximum. In addition, amounts which are
deemed to be a penalty for failure to obtain Pre-Certification of services shall not count toward a
Deductible or Out-of-Pocket Maximum. The Out-of-Pocket Maximum for any calendar year
shall be the amount stated in the annual enrollment guide provided by the Plan Administrator
during each Open Enrollment period. The Out-of-Pocket Maximum for Quality Connect plan
shall be consistent with the Out-of-Pock Maximum expenses for the Health Savings Accounts
(“HSAs”) and qualified High Deductible Health Plans (“HDHP”) as published or amended by
the Internal Revenue Service.
Section 2.63 The term “Outpatient” shall mean a Participant who receives services or supplies
while not an Inpatient.
Section 2.64 The term “Out-of-Network” shall mean services which are not provided by a
Preferred Care Provider.
Section 2.65 The term “Outpatient Care” shall mean Medical Care provided to a Participant
while the Participant is an Outpatient.
Section 2.66 The term “Outpatient Surgery” shall mean surgical services provided to the
Participant while the Participant is an Outpatient.
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10.b
Section 2.67 The term “Participant” shall mean a Covered Employee, Retiree or Dependent
who meets the requirements for eligibility as set forth in Article III and properly enrolls in the
Plan during the Enrollment Period. A person shall cease to be a Participant when he no longer
meets the requirements for eligibility as set forth in Article III, except as provided in Article V.
Section 2.68 The term “Preferred Care Provider” shall mean a Physician, Hospital, pharmacy,
Other Professional Provider, Other Facility Provider or other entity under an independent
contract with the Aetna Choice network. The use of such Preferred Care Provider shall be
determined by the Plan Administrator.
Section 2.69 The term “Physical Handicap” shall mean any congenital or acquired physical
defect or characteristic preventing or restricting an individual from participating in normal life or
limiting the individual’s capacity to work. Such Physical Handicap must be certified by a
Physician and approved by the Plan Administrator.
Section 2.70 The term “Physician” shall mean any properly licensed practitioner (licensed in
the state in which he is practicing) holding the degree of Doctor of Medicine (M.D.), Doctor of
Osteopathy (D.O.), Doctor of Podiatry (D.P.M.), Doctor of Optometry (O.D.), Doctor of
Chiropractic Medicine (D.C.), or Doctor of Dental Science (D.D.S.) and who is practicing within
the scope of his or her license. In addition, any other practitioner approved by the Plan
Administrator or any other licensed medical practitioner whose services are required to be
covered by the law of Texas may be considered a Physician.
Section 2.71 The term “Plan” shall mean, as amended and restated, the Group Health Benefit
Plan for Employees and Retirees of the City of Irving, which provides benefits as described in
the annual enrollment guide. If a Participant resides outside of the Choice network, the
Participant shall have access to the Aetna Open Choice network. If the Open Choice network is
not available to the Participant, the Participant shall be enrolled in the Out of Area plan.
Section 2.72 The term “Plan Administrator” shall mean the City of Irving, unless provided
otherwise in Article XII.
Section 2.73 The term “Plan Year” shall mean January 1 through December 31 each year.
Section 2.74 The term “Pre-Certification” shall mean the approval of a Covered Charge by the
Claims Administrator following proper Utilization Review Procedures in advance of all Hospital
admissions, Other Facility Provider admissions, Extended Care Facility admissions, Home
Health Care, Hospice Care, Skilled Nursing Care, and certain Outpatient procedures provided by
Non-Preferred Care Providers.
Section 2.75 The term “Pre-Existing Condition” shall mean any Injury, disease or condition for
which medical advice, diagnosis care or treatment was recommended or received within the
ninety (90) day period immediately prior to such individual becoming covered as a Participant
under this Plan. For the first 365 days following such date, Covered Charges incurred for
treatment of a Pre-Existing Condition include only the first $4,000 of Covered Charges. The
365-day period shall be reduced by the Participant’s Creditable Coverage. Notwithstanding the
foregoing, in no event will the Plan impose a Pre-Existing Condition exclusion with regard to:
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10.b
(i) The pregnancy of the Employee or the Employee’s spouse;
(ii) A Child who is a Dependent of an Employee and who, as of the last day of the
thirty (30) day period beginning with the date of birth is covered under any
Creditable Coverage; provided that this Section 2.75 shall not apply to such Child
after a significant break in Creditable Coverage as described in Section 16.08;
(iii) A Child who is a Dependent of an Employee and who is adopted or placed for
adoption before attaining 18 years of age and who as of the last day of the thirty
(30) day period beginning on the date of adoption or placement for adoption is
covered under Creditable Coverage; provided that this Section 2.75 shall not
apply to coverage before the date of such adoption or placement for adoption and
shall no longer apply to such a Child after a significant break in Creditable
Coverage as described in Section 16.08; or
(iv) Any Participant before the Plan has provided a written notice of the existence and
terms of the Pre-Existing Condition exclusion of this Section 2.75.
Section 2.76 The term “Prescription Drugs” shall mean drugs or medicines obtainable only
upon a Physician’s written prescription, including any medication compounded by the
pharmacist that contains a prescription legend drug, insulin and insulin needles and syringes.
Section 2.77 The term “Qualified Dependent” shall mean a Dependent who is a Participant on
the day before a Qualifying Event. A Qualified Dependent also includes a Dependent described
in Section 2.25(ii)(c) and (d).
Section 2.78 The term “Qualifying Event” shall mean any of the following events that, but for
COBRA Continuation Coverage, would result in a Participant’s loss of coverage:
(i) Death of a Covered Employee or Retiree;
(ii) Termination of employment of a Covered Employee, except for a termination due

to gross misconduct;
(iii) Reduction in hours of a Covered Employee;
(iv) Divorce or legal separation of the Covered Employee or Retiree;
(v) The Covered Employee’s or Retiree’s entitlement to Medicare benefits; or
(vi) A Dependent Child ceasing to qualify as a Dependent under the Plan.
Section 2.79 The term “Reasonable and Customary” shall mean the normal charge made by the
provider for a similar service and that does not exceed the normal charge made by most
providers of such service in the locality where the service is received.
Section 2.80 The term “Retiree” shall mean any former Employee who, before or on the date
of termination of employment, has met the eligibility requirements specified for service or
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10.b
disability retirement under the Texas Municipal Retirement System Plan, the Irving Firemen’s
Relief and Retirement Fund or the Supplemental Benefit Plan (as determined by the Plan
Administrator in its sole discretion).
Section 2.81 The term “Skilled Nursing Care” shall mean service provided by a registered
nurse (R.N.), licensed practical nurse (L.P.N.), or licensed vocational nurse (L.V.N.), provided
the care is Medically Necessary and the treating Physician has prescribed such care, and the care
is not provided while the Participant is confined as an inpatient in a Hospital or other health care
facility.
Section 2.82 The term “Spinal Manipulation Treatment” shall mean office visits and/or
treatment which involve manual manipulation (with or without the application of treatment such
as heat, water or cold therapy, diathermy or ultrasound) of the spinal skeletal system and/or
surrounding tissues to allow free movement of joints, alignment of bones, or enhancement of
nerve functions.
Section 2.83 The term “Termination of Employment” shall mean the severance of an
Employee’s employment relationship with the Employer and any other affiliates, or the
expiration of an Approved Leave of Absence from the Employer without the Employee’s
returning to the employ of such Employer or any affiliate.
Section 2.84 The term “Transplant Services” shall mean those organ or tissue transplants
relating to the following services and provided under the National Medical Excellence Program:
(i) Organ and tissue procurement (removing, preserving, and transporting the
donated part);
(ii) Transportation and lodging of the recipient and a companion to and from the site
of the transplant;
(iii) Hospital room and board and medical supplies;
(iv) Diagnosis, treatment and surgery by a physician;
(v) Private nursing care by a registered nurse (R.N.), a licensed vocational nurse
(L.V.N.), or a licensed practical nurse (L.P.N.);
(vi) The rental of wheel chairs, hospital-type beds and mechanical equipment required
to treat respiratory impairment;
(vii) Local ambulance service, medication, x-ray and other diagnostic services,
laboratory tests, oxygen;
(viii) Rehabilitative therapy consisting of speech therapy (not for voice training or a
lisp), audio therapy, visual therapy, occupational therapy, and physiotherapy; and
(ix) Surgical dressings and supplies.
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10.b
A “Covered Transplant Procedure” means any of the following non-experimental human to

human organ or tissue transplants if the transplant is not an Experimental or Investigational
Procedure and if provided through the National Medical Excellence Program: heart, heart and
lung, lung, kidney, liver, pancreas, kidney and pancreas, and bone marrow.
Requests for any Transplant Services must be made in writing to the National Medical
Excellence Program of the Claims Administrator. Written Pre-Certification of any covered
Transplant Services must be given prior to initiation of services. The Plan will not cover
Transplant Services begun prior to issuing its written Pre-Certification.
The term “Donor” means a person who undergoes a surgical operation for the purpose of
donating a body organ(s) or tissue for transplant surgery. The term “Recipient” means a
Participant who receives an organ or tissue transplant.
Section 2.85 The term “Temporomandibular Joint Dysfunction Services (TMJ)” shall mean
services rendered for the dysfunction of the temporal bone and mandible.
Section 2.86 The term “Urgent Care” shall mean Urgent Care as defined under
Section 6.01(A).
Section 2.87 The term “Utilization Review” shall mean management of health care expenses.
Section 2.88 The term “Utilization Review Procedures” shall mean procedures set up by the
Claims Administrator contracted with by the Plan Administrator.
Section 2.89 The term “Well Baby Care” shall mean routine Physician office examinations,
screening procedures, immunizations and inoculations during the baby’s first two (2) years of
life.
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10.b
ARTICLE III
PARTICIPATION
Section 3.01 – Participation: Covered Employees of the Employer and their Dependents shall
become Participants in the Plan as stated in Section 3.01(A). In addition, Retirees and their
Dependents shall become Participants in the Plan as stated in Section 3.01(B). The Participant
shall make the election of benefits at the specified Coverage Levels available to such Participant.
Section 3.01(A) - Eligibility for Medical Benefits for Employees and their Dependents:
(i) The “Eligibility Date” for an Employee shall be the first date the
individual is Actively at Work as an Employee with the Employer. The
Employee shall have an Enrollment Period to enroll for coverage
beginning on the first date the Employee is eligible under this Plan, and
ending thirty (30) days after such date. If the Employee enrolls within the
Enrollment Period, his participation under the Plan shall begin effective
retroactively as of such Employee’s Eligibility Date. In the event the
Employee fails to enroll during the initial Enrollment Period, such
Employee will not be eligible to enroll in the Plan until the next
Enrollment Period.
(ii) A Dependent of a Covered Employee shall become a Participant in the

Plan on the Dependent Enrollment Date, provided the Covered Employee
submits, during the Dependent Enrollment Period, a Dependent enrollment
form and such documentation as shall be required by the Plan
Administrator to support the Dependent status.
(iii) Any Employee or Dependent who does not enroll within the first thirty
(30) days of eligibility and who subsequently wants to become a
Participant in the Plan shall be eligible for participation on the first day of
the subsequent Plan Year and must enroll during such Plan Year’s
Enrollment Period. Notwithstanding the foregoing, if coverage under this
Plan was declined for an Employee, spouse, or other Dependent because
of other group health plan coverage or health care insurance, and such
Employee, spouse or Dependent loses such coverage or insurance, the
Employee, spouse, or other Dependent shall be eligible for participation as
set forth in (a) or (b) below provided that the Employee or Dependent is
otherwise eligible to participate in the Plan and further provided that the
individual enrolls in the Plan within thirty (30) days after the loss of other
coverage. Similarly, where both spouses are Covered Employees and the
spouse who enrolls the children as Dependents terminates employment
with the Employer; the children and terminating spouse may be transferred
to the coverage of the remaining Covered Employee, whose premium will
be adjusted to reflect the change in Coverage Level. Further, in the event
an individual becomes an Employee while covered by the Plan as a
Dependent Child, the Employee may enroll immediately as a Participant
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10.b
and continue to participate in the Plan, provided the Employee enrolls

within thirty (30) days after becoming an Employee and provided that the
Employee ceases to be covered as a Dependent Child.
(a) If the Employee is otherwise eligible to participate in the Plan, but

is not a Participant in the Plan, the following individuals may
enroll in the Plan:
Loss of Other Coverage Eligible for Enrollment
By
Employee Employee, spouse and any other
Dependent Child or any combination of
enrollment by the spouse and Child with
enrollment by the Employee
Spouse Employee and spouse
Child Employee and Child
(b) If the Employee is a Participant in the Plan, the following

individuals may enroll in the Plan:
Loss of Other Coverage Eligible for Enrollment

By
Spouse Spouse
Child Child
(iv) A Participant may revoke an election for health coverage during the Plan
Year and make a new election that corresponds with the special
enrollment rights as provided below. If an individual becomes a
Dependent of an Employee through marriage, birth, or adoption or
placement for adoption, the Employee, spouse, or Dependent shall be
eligible for participation as set forth in (a) or (b) below, provided that the
Employee or Dependent is otherwise eligible to participate in the Plan and
further provided that the individual enrolls in the Plan within thirty (30)
days of the event giving rise to the special enrollment right as provided
below.
(a) If the Employee is otherwise eligible to participate in the Plan, but

is not a Participant in the Plan, the following individuals may
enroll in the Plan:
Event Eligible for Enrollment

Marriage Employee, spouse and any Child who is newly
a Dependent or any combination of enrollment
by the spouse and new Dependents with
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10.b

Birth or adoption or Employee, spouse and any Child who is newly
placement for a Dependent or any combination of enrollment
adoption by the spouse and new Dependents with
(b) If the Employee is a Participant in the Plan, the following

individuals may enroll in the Plan:
Marriage Spouse and/or any Child who is newly a
Dependent
Birth or adoption or Spouse and/or Child who is newly a Dependent
placement for
adoption
Section 3.01(B) - Eligibility for Medical Benefits for Retirees and their Dependents:
(i) Any Retiree shall become a Participant in the Plan, provided that the
Retiree elects to continue his/her coverage as a Retiree and begins paying
for coverage under the Plan within thirty (30) days of eligibility and
further provided that any such Retiree may request that coverage terminate
at any time. If the Retiree elects to continue coverage and on any
subsequent date elects to terminate such coverage, the Retiree and any of
his or her covered dependents will no longer be eligible for coverage
under the Plan.
(ii) A Dependent of a Retiree shall become eligible in the Plan in accordance

with Subsections 3.01(A)(ii), 3.01(A)(iii) and 3.01(A)(iv), subject to the
following:
(A) In the event of the death of a Participant who is a Retiree, a

covered surviving spouse of such Retiree may continue coverage
under this Plan until such surviving spouse Attains Age sixty-five
(65) by paying the applicable contribution rates for such coverage.
(B) In the event that coverage of a Participant who is a Retiree

terminates pursuant to the Retiree’s request in accordance with
3.01(B)(i) or because the Retiree Attains Age sixty-five (65), a
covered spouse of such Retiree may continue coverage under this
Plan until such spouse Attains Age sixty-five (65) by paying the
applicable contribution rates for such coverage as determined by
the Plan Administrator.
(C) Notwithstanding anything to the contrary, a spouse of a Retiree is

eligible for coverage under the Plan only if such spouse was
covered under the Plan while the Retiree was an active Employee.
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10.b
Subject to any limitations under applicable law, in the event that a

Retiree marries after the date of the Retiree’s Termination of
Employment with the Employer, the new spouse is not eligible for
coverage.
Section 3.02 - Covered Employee’s and Dependent’s Termination of Participation: Subject to

Article V herein, a Covered Employee’s and Dependent’s participation under the Plan shall end
on the earlier of the following occurrences:
(i) The date of the Employee’s Termination of Employment with the Employer;
(ii) The date the Employee loses his status as a Covered Employee;
(iii) With respect only to a Dependent, the date the Dependent is no longer eligible
under the Plan;
(iv) The Plan terminates;
(v) While on an Approved Leave of Absence, the Employee becomes employed by

another employer;
(vi) The failure to pay required contributions, in which case coverage shall terminate
on the last date for which the required contributions were paid, as determined by
the Plan Administrator; or
(vii) In the event the Plan Administrator determines that the Participant misrepresented
a claim for expenses or a fact relating to eligibility for participation or benefits or
failed to disclose a material fact relating to eligibility or a claim for expenses, the
date the Participant misrepresented such fact.
Section 3.03 – Retiree’s or Retiree’s Dependent’s Termination of Participation: Subject to

Article V herein, a Retiree’s or Retiree’s Dependent’s participation under the Plan shall end on
the earlier of the following occurrences:
(i) The date the Retiree or Retiree’s Dependent (for Dependents who continue
coverage in accordance with Subsection 3.01(B)(ii) herein) fails to pay required
contributions by the due date, in which case coverage shall terminate on the last
date for which the required contributions were paid, as determined by the Plan
Administrator, or in the case of a covered spouse who continues coverage in
accordance with Subsection 3.01(B)(ii) after a Retiree’s termination of coverage
pursuant to Subsection 3.01(B)(i), upon such covered spouse’s attainment of age
sixty-five (65);
(ii) Except as provided in Subsection 3.01(B)(ii), the date the Retiree or Dependent
dies or Attains Age sixty-five (65);
(iii) The date the Retiree requests, pursuant to Subsection 3.01(B)(i), that coverage
under this Plan terminate;
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10.b
(iv) For a Retiree’s spouse, the date of divorce or legal separation from the Retiree;
(v) The date the Retiree loses his status as a Retiree;
(vi) With respect only to a Dependent of a Retiree, the date the Dependent of the
Retiree is no longer eligible under the Plan;
(vii) In the event that the Plan Administrator determines that the Retiree or Dependent
misrepresented a claim for expenses or a fact relating to eligibility for
participation or benefits or failed to disclose a material fact relating to eligibility
or a claim for expenses, the date the Retiree or Dependent misrepresented such
fact; or
(viii) The date the Plan terminates.
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10.b
ARTICLE IV
CONTRIBUTIONS
Section 4.01 - Employee Contributions: A Covered Employee (and any Covered Employee or
Qualified Dependent electing COBRA Continuation Coverage) shall be required to make
contributions under the Plan in an amount determined by the Plan Administrator. The amount of
the required contributions shall be set forth in Employee communications and/or attached
designations and may be changed from time to time.
Section 4.02 - Retiree Contributions: Retirees (and any surviving spouse of a Retiree who
becomes covered under the Plan in accordance with Section 3.01(B)(ii) after the death of the
Retiree) participating in the Plan shall make contributions in an amount as determined by the
Plan Administrator and communicated to the Retirees.
Section 4.02(A) – Fitness Credits: On or after January 1, 2012 the contributions that a
Retiree would otherwise be required to make pursuant to the preceding sentence shall be
reduced by application of fitness credits earned on or after October 1, 2009, under any
voluntary nondiscriminatory fitness program established by the Plan Administrator and
designated to provide such credits. Fitness Tests shall be scheduled at least once per year
by the Plan Administrator.
Section 4.02(B) – Value of Fitness Credits: Fitness credits earned by an Employee in

each test will result in the following reductions in the monthly contributions the
Employee would otherwise have been required to make after retirement:
(i) Employees who score at Level 1 will earn premium reduction credits
equal to $150 per month for 12 months;
(ii) Employees who score at Level 2 will earn premium reduction credits
equal to $100 per month for 12 months; and
(iii) Employees who score at Level 3 will earn premium reduction credits
equal to $50 per month for 12 months.
The score from any particular Fitness Test shall be used only once to provide fitness
credit. Thus, the Employee will increase the fitness credits only by continuing to take
annual fitness tests. Fitness credits are not transferable to anyone else including a spouse
or Dependent and may not be paid in cash to the Employee. Their sole value is in the
reduction of contributions to the Plan after retirement. The Plan Administrator may
adjust the value of fitness credits from time to time in its discretion. However, such
adjustment shall not reduce the value of any fitness credits earned before the date of the
adjustment.
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10.b
Section 4.03 – Employer Contributions: Employer contributions to provide medical benefits are
different depending upon the time an Employee is hired or retires.
Section 4.03(A) – Employees Including Pre-2012 Retirees: The Employer expects to

contribute the amount required to provide medical benefits under the Plan for active
Employees and Dependents and for Retirees (and their Dependents) who retire before
2012, to the extent the contributions provided under Sections 4.01, 4.02 and 4.04(iv), in
the case of Retirees, are not sufficient to provide those benefits.
Section 4.03(B) – Post-2011 Retirees: The Employer intends to provide a fixed monthly
subsidy for medical benefits for a Retiree who retires on or after January 1, 2012.
Further, the Employer intends to provide a fixed monthly subsidy for medical benefits for
Employees who were hired on or after January 1, 2010, and had attained age fifty-five
(55) and completed ten (10) years of continuous service at the time of retirement. The
subsidy will commence when the first monthly premium is due from the Retiree and will
end when the Retiree Attains Age sixty-five (65). The subsidy will be based on the
number of whole years of continuous service the Retiree served as an Employee of the
Employer, as follows:
(i) Retirees who retire with 5 to 9 years of continuous service will receive
premium reduction credit in the amount of $75 per month;
(ii) Retirees who retire with 10 to 19 years of continuous service will receive
premium reduction credit in the amount of $300 per month; and
(iii) Retirees who retire with 20 or more years of continuous service will
receive premium reduction credit in the amount of $400 per month.
Employees will not have a break in years of continuous service for any period during
which they are on a leave of absence authorized by the Employer, provided they return to
work at the end of the leave of absence.
Section 4.04 – Sources of Funds for Benefit Payments and Plan Administration Expenses:
Benefit payments and Plan administration expenses and fees (including claims administration
expenses) shall be paid from the following sources:
(i) The general assets of the Employer;
(ii) Contributions made pursuant to Sections 4.01 and 4.02 by Covered

Employees, Retirees and any surviving spouses of Retirees that are not
deposited in a plan-related trust;
(iii) Insurance contracts, the premiums for which are paid from (i), (ii) above or
(iv) below; and
(iv) As to Retirees, the City of Irving, Texas trust fund established under the
Voluntary Employees’ Beneficiary Association Trust Agreement, which
shall include contributions made by the Employer and by Covered
Employees, Retirees and any surviving spouses of Retirees and gains and
losses on such contributions.
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10.b
In no event shall the Employer (or any of its agents), the Plan Administrator, the City Manager,
the City Council or any other party be responsible for payment of benefits except to the extent
funded by the general assets of the Employer.
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10.b
ARTICLE V
SPECIAL PROVISIONS FOR CONTINUATION OF COVERAGE
Coverage that would otherwise terminate may be continued due to eligibility for COBRA
Section 5.01 - COBRA Continuation Coverage: Shall be continued based upon the following
circumstances:
Section 5.01(A) - COBRA Continuation Coverage for Terminated Employees: A Covered
Employee may elect COBRA Continuation Coverage, at his own expense, if his
participation under the Plan would terminate as a result of the following Qualifying Events:
Termination of Employment (other than for gross misconduct) or reduction of hours with the
Employer.
Section 5.01(B) - COBRA Continuation Coverage for Dependents: A Qualified Dependent

may elect COBRA Continuation Coverage, at his own expense, if his participation under the
Plan would terminate as a result of a Qualifying Event.
Section 5.01(C) - Period of Continuation Coverage for Covered Employees: A Covered

Employee who qualifies pursuant to Section 5.01(A) for COBRA Continuation Coverage as
a result of Termination of Employment (other than for gross misconduct) or reduction in
hours of employment may elect COBRA Continuation Coverage for up to eighteen (18)
months measured from the date of the Qualifying Event.
Coverage under this Section 5.01(C) may not continue beyond:
(i) The date on which the Employer ceases to maintain a group health plan;
(ii) The last day of the month for which premium payments have been made, if
the individual fails to make premium payments on time, in accordance with
Section 5.01(E);
(iii) The date the Covered Employee first becomes entitled to Medicare after the
date of his election of COBRA Continuation Coverage in accordance with
this Article V; or
(iv) The date the Covered Employee first becomes covered under another group
health plan after the date of his election of COBRA Continuation Coverage
in accordance with this Article V and is no longer subjected to a pre-existing
condition exclusion under the Participant’s other coverage or new employer
plan.
Section 5.01(D) - Period of COBRA Continuation Coverage for Dependents: If a Qualified

Dependent elects COBRA Continuation Coverage under the Plan as a result of the Covered
Employee’s Termination of Employment (other than for gross misconduct) or reduction in
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10.b
hours of employment, COBRA Continuation Coverage may be continued for up to eighteen

(18) months measured from the date of the Qualifying Event. COBRA Continuation
Coverage for all other Qualifying Events may continue for up to thirty-six (36) months.
COBRA Continuation Coverage under this Section 5.01(D) may not continue beyond:
(i) The last day of the month for which premium payments have been made, if
the individual fails to make premium payments on time, in accordance with
Section 5.01(E);
(ii) The date the Qualified Dependent first becomes entitled to Medicare after
the date of his election of COBRA Continuation Coverage in accordance
with this Article V;
(iii) The date on which the Employer ceases to maintain a group health plan; or
(iv) The date the Qualified Dependent first becomes covered under another group
health plan after the date of his election of COBRA Continuation Coverage
in accordance with this Article V and is no longer subjected to a pre-existing
condition exclusion under the Covered Employee’s other coverage or new
employer plan.
Section 5.01(E) - Contribution Requirement for COBRA Continuation Coverage: Covered

Employees and Qualified Dependents who elect COBRA Continuation Coverage as a result
of one (1) of the Qualifying Events specified in Section 5.01 will be required to pay
Continuation Coverage Payments.
Covered Employees and Qualified Dependents must make the Continuation Coverage
Payment monthly prior to the first day of the month in which such coverage will take effect.
However, a Covered Employee or Qualified Dependent has forty-five (45) days from the
date of an affirmative election to pay the Continuation Coverage Payment for the first
month’s payment and the cost for the period between the date medical coverage would
otherwise have terminated due to the Qualifying Event and the date the Covered Employee
and/or Qualified Dependent actually elects COBRA Continuation Coverage. The Covered
Employee and/or Qualified Dependents shall have a thirty (30) day grace period to make the
Continuation Coverage Payments due thereafter. Continuation Coverage Payments must be
postmarked on or before the completion of the thirty (30) day grace period; however, if the
grace period ends on a Saturday, Sunday, or holiday, the grace period extends until the next
business day. If Continuation Coverage Payments are not made on a timely basis, COBRA
Continuation Coverage will terminate as of the last day of the month for which such
premiums were made. The thirty (30) day grace period shall not apply to the forty-five (45)
day period for payment of COBRA premiums as set out in this Section 5.01(E).
Section 5.01(F) - Limitation on Participant’s Rights to COBRA Continuation Coverage:
(i) If a Qualified Dependent loses, or will lose medical coverage under the Plan
as a result of divorce or ceasing to be a Dependent, the Covered Employee or
the Qualified Dependent is responsible for notifying the Plan Administrator
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10.b
within sixty (60) days of the later of (A) the date of the divorce or loss of
Dependent status or (B) the date the Qualified Dependent would lose
coverage on account of the divorce or loss of Dependent status. Failure to
make timely notification will terminate the Qualified Dependent’s rights to
COBRA Continuation Coverage under this Article.
(ii) A Participant must complete and return the required COBRA election
materials within sixty (60) days from the later of (i) loss of coverage, or (ii)
the date the Plan Administrator sends notice of eligibility for COBRA
Continuation Coverage. Failure to enroll for COBRA Continuation
Coverage during this sixty (60) day period will terminate all rights to
COBRA Continuation Coverage under this Article V. An affirmative
election of COBRA Continuation Coverage by a Covered Employee or his
spouse shall be deemed to be an election for that Covered Employee’s
Qualified Dependents who would otherwise lose coverage under the Plan.
Section 5.01(G) – Employees Eligible for Trade Adjustment Assistance: A Covered

Employee may be eligible for a second COBRA Continuation Coverage election period if he
did not elect COBRA Continuation Coverage after Termination of Employment and later
became a eligible for a trade readjustment allowance as an “eligible TAA recipient” or an
“eligible alternative TAA recipient” (each as defined in Code Section 35(c)). In this event,
the Covered Employee may elect COBRA Continuation Coverage during the sixty (60) day
period that begins on the first day of the month in which he is determined to be an eligible
TAA recipient or eligible alternative TAA recipient , but only if such election is made not
later than six (6) months after the date such Covered Employee lost coverage in connection
with a Termination of Employment giving rise to such individual’s becoming an eligible
TAA recipient or eligible alternative TAA recipient (a “TAA-related loss of coverage”).
Coverage elected during the second election period specified under this Section 5.01(G)
shall end eighteen (18) months from the first day of such second COBRA Continuation
Coverage election period. If an individual elects COBRA Continuation Coverage pursuant
to this Section 5.01(G), the period beginning on the date of such individual’s TAA-related
loss of coverage and ending on the first day of the second election period provided
hereunder shall be disregarded for purposes of determining whether such individual had a
sixty-three (63) day break in coverage for the purpose of determining Creditable Coverage
under Section 16.08(B) for purposes of any pre-existing condition limitation or exclusion.
Section 5.01(H) - Subsequent Qualifying Event: If a second Qualifying Event occurs during
an eighteen (18) month extension explained above, coverage may be continued for a
maximum of thirty-six (36) months from the date of the first Qualifying Event. In the event
a Qualified Dependent loses coverage due to a Qualifying Event, then after such date the
Covered Employee becomes entitled to Medicare, the Qualified Dependent shall have
available up to thirty-six (36) months of coverage measured from the date of the Qualifying
Event which causes the loss of coverage. If a Covered Employee was entitled to Medicare
prior to a Qualifying Event resulting from such Covered Employee’s Termination of
Employment (other than for gross misconduct) or reduction of hours, and such Qualifying
Event occurs less than 18 months after such Covered Employee became entitled to
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10.b
Medicare, the Qualified Dependent shall have up to thirty-six (36) months of coverage
measured from the date of entitlement to Medicare.
Section 5.01(I) - Extension of COBRA Continuation Period for Disabled Covered

Employees and Qualified Dependents: The period of continuation shall be extended to
twenty-nine (29) months in total (measured from the date of the Qualifying Event) in the
event a Covered Employee or Qualified Dependent has a COBRA Disability, provided that
the Covered Employee or Qualified Dependent provides evidence to the Plan Administrator
of such COBRA Disability prior to the expiration of the initial eighteen (18) months of
COBRA Continuation Coverage. In such event, the Employer may charge the individual up
to 150% of the COBRA cost of the coverage. Non-disabled members of the Family of a
Covered Employee or Qualified Dependent entitled to the disability extension provided
under this Section 5.01(J) are also entitled to the 29 month extended period of coverage.
Section 5.01(J) - Medicare Entitlement: For purposes of this Article V, Medicare

entitlement, including Medicare entitlement due to end stage renal disease (“ESRD”), is a
COBRA terminating event.
Section 5.01(K) - COBRA Continuation Coverage for Retirees: A Retiree shall have all
continuation rights required by COBRA. To the extent this Plan does not specify COBRA
rights for Retirees in accordance with Code Section 4980B, the Employer shall administer
such COBRA Continuation Coverage rights in accordance with Code Section 4980B. In
addition, the Plan Administrator shall adopt such policies and provide such forms, as it
deems advisable to implement the rights contemplated by this Section.
Notwithstanding the foregoing, to the extent permitted by applicable law, a Retiree who
elects to continue coverage under this Plan as a Participant, and the spouse and/or
Dependents who elect to continue coverage under this Plan, shall be required to waive their
COBRA Continuation Coverage rights and shall thereafter no longer have such rights.
The Plan is intended to comply with Consolidated Omnibus Budget Reconciliation Act of
1985, as amended.
29 Packet Pg. 206

10.b
ARTICLE VI
MEDICAL BENEFITS
Section 6.01 - Medical Benefits: Medical benefits under this Plan shall be payable to the
Participant in accordance with the provision of this Article VI.
Covered Charges shall be payable under this Plan whether Preferred Care or Non-Preferred Care
Provider services are accessed. Covered Charges shall be paid at a higher percentage if the
Participant receives Covered Charges from a Preferred Care Provider, and at a lower percentage
if the Participant receives Covered Charges from a Non-Preferred Care Provider. The following
maximum benefit limitations per Participant apply to this Article VI and are in addition to any
other limit under the Plan. Dollar benefit maximums apply to Preferred and Non-Preferred
Provider Covered Charges combined unless otherwise stated:
(i) One million dollars ($1,000,000) Lifetime Maximum Benefit for Preferred Care and
Non-Preferred Care Provider services. Participants who have previously met a
lifetime maximum benefit under a health plan offered by the Employer shall not be
entitled to further benefits.
(ii) The Benefit Year Maximum for reimbursed Incurred Charges for Spinal
Manipulation Treatment (chiropractic care) shall be limited to seven hundred and
fifty dollars ($750) for Preferred Care and Non-Preferred Care Provider services.
The Benefit Year Maximum for Incurred Charges for Outpatient short-term
rehabilitation (including chiropractic) shall be limited to a maximum of sixty (60)
visits for Preferred and Non-Preferred Care Provider services.
(iii) The Benefit Year Maximum for reimbursed Incurred Charges for preventive care
services shall be limited to two hundred and fifty dollars ($250) for Preferred Care
Provider services. No benefits are payable for preventive care services through Non-
Preferred Care Providers. This Benefit Year Maximum does not apply to children
under the age of two.
Section 6.01(A): The Plan shall pay eighty percent (80%) of the Participant’s Incurred
Charges for Preferred Care Provider benefits after any Deductible; seventy percent (70%) of
the Participant’s Incurred Charges for Non-Preferred Care Provider benefits after
satisfaction of the Deductible; 100% of the Incurred Charges for Preferred Care or Non-
Preferred Care Provider after the satisfaction of the Deductible and Out-of-Pocket
Maximum, unless otherwise specified in this Article VI. Failure to receive Pre-Certification
shall result in a reduction of four hundred dollars ($400) in payment of Covered Charges
unless specified elsewhere in this Article VI. Services and supplies which are considered
Covered Charges shall include the following:
(i) Inpatient Services and Supplies:
(a) Inpatient Hospice Care and services, including room and board
services and supplies, part time nursing care, and counseling services
30 Packet Pg. 207

10.b
provided by a licensed social worker or a licensed pastoral counselor;

provided that, for such Inpatient Hospice Care and services to be
utilized as a Covered Charge, a Physician must certify, in writing,
that the Participant has less than a six (6) month life expectancy.
(b) Room and board (for private rooms, the average semi-private rate as
determined by the Claims Administrator shall be the maximum
Covered Charge), for Hospital Inpatient Services and Supplies.
(c) Medically Necessary services and supplies provided during an
Inpatient stay.
(d) Blood and blood plasma, unless replaced within a time period as
established by the Claims Administrator.
(e) Skilled Nursing Care paid at eighty percent (80%) for Preferred Care
Providers; seventy percent (70%) for Non-Preferred Care Providers
after satisfaction of the Deductible; in an Extended Care Facility, up
to one hundred (100) day Benefit Year Maximum for Preferred and
Non-Preferred Care Provider services, provided the following criteria
are met:
(1) The Physician monitors the progress of the Participant at least

once during each thirty (30) day period of confinement;
(2) The confinement is not for Custodial Care; and
(3) Admission must be within five (5) days following a Hospital

stay and be incurred only if the Participant can not otherwise
receive services from private duty nursing at home.
(f) Intensive Care Unit services.
(ii) Outpatient Services:
(a) Ambulatory Care and Outpatient Surgery – Care in an ambulatory

setting, including Outpatient Surgery and services charged by an
Ambulatory Care Facility or other authorized facility, including
diagnostic radiology and laboratory testing. In the event Outpatient
Surgery requires Pre-Certification and the Participant fails to receive
Pre-Certification, Covered Charges shall be reduced by four hundred
dollars ($400).
(b) Urgent Care – Urgent Care provided through a Preferred Care

Provider shall be paid at eighty percent (80%), or, if provided through
a Non-Preferred Care Provider, seventy percent (70%) after the
satisfaction of the Deductible.
31 Packet Pg. 208

10.b
(c) Emergency Care – Emergency care shall be paid at eighty percent

(80%) whether provided through a Preferred or Non-Preferred Care
Provider (Deductible waived). This includes the medical, surgical,
hospital and other health services related to an emergency condition.
An emergency condition which is included under this subsection (c)

means a recent and severe medical condition, including, but not
limited to, severe pain, which would lead a prudent layperson,
possessing an average knowledge of medicine and health, to believe
that his or her condition, sickness, or injury is of such a nature that
failure to get immediate medical care could result in:
• placing the person’s health in serious jeopardy; or

• serious impairment to bodily function; or
• serious dysfunction of a body part or organ; or
• in the case of a pregnant woman, serious jeopardy to the health
of the fetus.
(d) Home Health Care services in lieu of Hospital Inpatient Care,

excluding Custodial Care and/or services provided by persons who
ordinarily live in the same household as the Participant or who are
related by marriage, birth or legal adoption to the Participant.
Preferred and Non-Preferred Care Provider services shall be limited
to a Benefit Year Maximum of one hundred (100) visits combined.
(e) Subject to the Benefit Year Maximum, Outpatient mental health

services provided through a Preferred Care Provider shall be paid at
eighty percent (80%).
(iii) Professional Provider Services:
(a) Surgical Charges - surgery performed in a Hospital, office visit, day

surgery, or Ambulatory Care Facility.
(b) Radiology and Laboratory - including professional and technical

services.
(c) Professional Provider visits - necessary Medical Care and services

including office visits and consultations, periodic routine checkups,
physician examinations, vision, speech and hearing examinations,
chemotherapy, radiation therapy, injections, physical therapy visits
and professional treatment.
(d) Spinal Manipulation Treatment, or services provided by a

chiropractor shall be paid at eighty percent (80%) for Preferred Care
Provider services and at seventy percent (70%) for Non-Preferred
Care Provider services after satisfaction of the Deductible. Services
32 Packet Pg. 209

10.b
(Preferred and Non-Preferred Care Provider combined) are subject to

a maximum limit of seven hundred and fifty dollars ($750) per
Benefit Year.
(e) Complete maternity care for a Participant which shall include ante
partum care, any Medically Necessary sonogram, childbirth,
postpartum and other related maternity Covered Charges;
(f) Well Baby Nursery Services and Well Baby Care - while the mother
and the Child are both hospitalized (for a period of time at least equal
to the period specified in Section 16.10) including the use of an
operating room or delivery room in connection with the circumcision
of the Child, and the charge by a Physician for the routine
examination of the newborn Child while confined.
(g) Preventive Care or wellness exams, immunizations, Well Baby Care,

annual well woman exams (one exam per year), routine physical
examinations, hearing exams (one exam per 24 months), and
immunizations provided by Preferred Care Providers. No benefits
shall be available under this subsection by Non-Preferred Care
Providers.
Preferred Care Provider Benefits provided under this subsection (g),

other than Well Baby Care benefits, are subjected to an aggregate
maximum of two hundred fifty dollars ($250) per Participant for such
charges per Benefit Year; Well Baby Care is not subjected to an
aggregate maximum.
(h) Allergy testing and treatments.
(iv) Other Medical Services:
(a) Ambulance - Medically Necessary professional ambulance service to

or from the nearest Hospital where the needed Medical Care and
treatment can be provided;
(b) Medical supplies, which shall include but not be limited to the
following:
(1) Rental or purchase (as determined by the Plan) of Durable

Medical Equipment exclusively for the treatment of an Illness
or Injury prescribed by a Physician who is a Preferred Care
Provider;
(2) Blood and other fluids such as allergy shots or antibiotics;
(3) Oxygen and its administration;
33 Packet Pg. 210

10.b
(4) Surgical dressings, bandages, splints, trusses, casts, crutches,

syringes, needles, catheters, artificial limbs and eyes, braces,
prostheses, special bras and girdles but not replacement of an
artificial limb or eye;
(5) Supplies for treatment of diabetes and associated conditions,

including coverage for diabetes equipment, diabetes supplies,
diabetes self-management training programs, and coverage
for any new or improved diabetes equipment or supplies that
are approved by the United States Food and Drug
Administration (FDA).
(c) Dental services - services for treatment of accidental Injury to natural

teeth including replacement of natural teeth within one (1) year of the
accident (provided such services are performed by a Physician who is
a licensed oral surgeon and the accidental injury occurred while the
Participant was eligible for services). Osseous surgery is also
covered.
(d) Prescription Drugs - Required Copay amounts are published in the

annual enrollment guide as approved by the Plan Administrator. The
enrollment guide is the document that summarizes the benefit plan
offerings and is prepared by the Plan Administrator and distributed to
employees annually. Generic Prescription Drugs purchased at a retail
pharmacy that is a Preferred Care Provider shall be paid at one
hundred percent (100%) on the non-high deductible plans after the
payment of the required Copay; brand name Prescription Drugs shall
be paid at one hundred percent (100%) on the non-high deductible
plans after the payment of the required Copay. For mail order
Prescription Drugs, generic Prescription Drugs are paid at one
hundred percent (100%) after payment of the required Copay; other
brand name Prescription Drugs shall be paid at one hundred percent
(100%) after the payment of the required Copay. Mail order drug
Copays apply for up to a ninety- (90) day supply.
Generic Prescription Drugs purchased at a retail pharmacy that is a

Non-Preferred Care Provider shall be paid at seventy percent (70%)
on the non-high deductible plans after payment of the required
Copay; other brand name Prescription Drugs shall be paid at seventy
percent (70%) after payment of the required Copay.
After the satisfaction of Deductible, Generic Prescription Drugs

purchased at a retail pharmacy that is a Preferred Care Provider shall
be paid at eighty percent (80%); and Brand Name Prescription Drugs
purchased at a retail pharmacy that is a Preferred Care Provider shall
be paid at seventy percent (70%) on the Quality Connect plan. For
mail order Prescription Drugs, generic Prescription Drugs are paid at
34 Packet Pg. 211

10.b
eighty percent (80%) after satisfaction of the Deductible; other brand

name Prescription Drugs shall be paid at seventy percent (70%) after
the satisfaction of the Deductible. Mail order drug co-insurance
applies for up to a ninety- (90) day supply.
Generic Prescription Drugs purchased at a retail pharmacy that is a

Non-Preferred Care Provider shall be paid at seventy percent (70%)
on the Quality Connect plan after the satisfaction of Deductible; other
brand name Prescription Drugs shall be paid at fifty percent (50%)
after the satisfaction of Deductible.
(e) Medical or dental services related to Temporomandibular Joint

Dysfunction (“TMJ”) shall be paid at fifty percent (50%) for
Preferred or Non-Preferred Care Provider services, subject to a five
thousand dollar ($5,000) Lifetime Maximum Benefit per Participant.
Appliances or supplies related to TMJ shall not be a Covered Charge
under this Plan.
(f) Services and supplies in connection with performing vasectomy,

tubal ligation, and charges incurred for contraceptive drugs and
contraceptive devices that by law need a physician’s prescription and
that have been approved by the FDA (including any related outpatient
contraceptive services);
(g) Home Hospice Care services; and
(h) Transplant Services for heart, lung, liver, bone marrow, heart and
lung, kidney, pancreas, or kidney and pancreas transplants.
35 Packet Pg. 212

10.b
ARTICLE VII
LIMITATIONS AND EXCLUSIONS ON MEDICAL BENEFITS
Section 7.01 - Limitations and Exclusions: The Plan shall not pay for any of the following:
(i) Services or supplies performed or provided while the Participant is not covered by
the Plan or incurred prior to the date the Participant became a Participant;
(ii) Services or supplies rendered after the Participant’s termination of participation as
provided in Sections 3.02 and 3.03 (as applicable), except as provided under the
Plan;
(iii) Services or supplies for which a claim is submitted two (2) years or more
following the claim filing deadline, which is ninety (90) days after the charges for
such service were incurred;
(iv) Services or supplies that are not Medically Necessary for the diagnosis or
treatment of an Illness or accidental Injury;
(v) Services or supplies provided by a practitioner or institution who or which is not

legally licensed to provide those services or supplies in the state where services
were rendered;
(vi) Services and supplies provided by a person who ordinarily lives in the same
household as the Participant, or who is related by blood, marriage or legal
adoption to the Participant or the Participant’s spouse;
(vii) Services or supplies for personal comfort or convenience, (i.e. private room,
television, telephone, guest trays, etc.);
(viii) Routine physical exams, routine vision exams, routine dental exams, routine
hearing exams, immunizations, or other preventive services and supplies, except
to the extent coverage for such exams, immunizations, services, or supplies is
specifically provided under Article VI of the Plan.
(ix) Examinations, Prescription Drugs, laboratory tests or treatment for:
(a) Employment, insurance, licensing or litigation purposes;
(b) Eye refractions;
(c) Care and treatment of the teeth, gums or alveolar process; or
(d) Obesity, morbid obesity, weight loss or weight maintenance, including but
not limited to bariatric or lap band surgery, liposuction or other medical
and surgical procedures related to obesity, morbid obesity, weight loss or
weight maintenance;
36 Packet Pg. 213

10.b
(x) Services and supplies for the purchase or fitting of hearing aids, eyeglasses,
contact lenses, and denture or dental appliances, except when indicated as covered
benefits under the Plan;
(xi) Dental services and supplies, unless required as the result of an accidental Injury
to the Participant’s natural teeth, and limited to the benefits specified in the Plan;
(xii) Care (including hospitalization charges) and treatment of teeth, gums, or alveolar
process or for dentures, appliances, or supplies, except for dental services and
other covered necessary expenses incurred in connection with dental work or oral
surgery for the prompt repair of natural teeth (including their replacement) and
other body tissues damaged by an accidental Injury;
(xiii) Services and supplies and Prescription Drugs for cosmetic surgeries and related
cosmetic treatments, including the complications of cosmetic surgeries and
cosmetic treatments that are not otherwise Covered Charges under the Plan,
including but not limited to:
(a) Surgical removal or reformation of sagging skin on any part of the body;
(b) Enlargement, reduction or other changes in appearance of any part of the

body; provided, however, that the Plan shall cover breast reconstruction
following radical mastectomy surgery for malignancy;
(c) Hair transplant or removal of hair by electrolysis;
(d) Chemical face peels or skin abrasions;
(e) Removal of tattoos or birthmarks;
(f) Acne scar injections; and
(g) Liposuction;
(xiv) For, or in connection with, cosmetic surgery unless:
(a) The Participant receives an Injury which results in bodily damage

requiring surgery and treatment is performed no later than the end of the
calendar year following the year in which the Injury occurred;
(b) The surgery qualifies as reconstructive surgery performed on the

Participant following surgery performed to treat an Illness, and both the
surgery and the reconstructive surgery performed on the Participant
following surgery are Medically Necessary;
(c) As required under the Women’s Health and Cancer Rights Act of 1998
(WHCRA), the surgery is reconstructive surgery for reconstruction of the
breast on which a mastectomy has been performed, surgery and the initial
37 Packet Pg. 214

10.b
reconstruction of the other breast to produce a symmetrical appearance;

and prostheses and physical complications of all stages of mastectomies,
including lymphedemas; or
(d) The surgery is treatment of a congenital abnormality in a newborn Child

or a severe birth defect including cleft lip, webbed fingers or toes;
(xv) Services provided by a rest home, convalescent facility, or nursing home that only
assist with activities of daily living such as bathing, dressing, walking, eating,
preparing special diets, or supervising the taking of medications;
(xvi) Custodial Care provided in the home that only assists with the activities of daily
living;
(xvii) Services or supplies for any Illness or accidental Injury covered by the Plan for
which benefits of any nature are recovered, recoverable or found to be
recoverable under Workers’ Compensation, any occupational disease law, or any
other similar law;
(xviii) Services or supplies for conditions arising from or in the course of any
employment;
(xix) Charges for treatment of an Injury or Illness that, in either case, arises out of work
for wage or profit;
(xx) Services and supplies furnished, paid for, or for which benefits are provided or
required by reason of the past or present service of any person in the armed forces
of a government;
(xxi) Services and supplies furnished, paid for, or for which benefits are provided or
required under any law of a government; provided, however, that this exclusion
does not apply to “no fault” auto insurance if it is required by law, provided on
other than a group basis, and is included in the definition of “coverage from
another source” in Article VIII and also does not apply to a plan established by
government for its own employees or their dependents or to Medicaid;
(xxii) Services or supplies for conditions caused by or arising out of an act of war,
armed invasion or aggression;
(xxiii) Services or supplies for which no fee is charged or for which the Participant is not
legally required to pay;
(xxiv) Charges for which no charge would be made in absence of the Plan;
(xxv) Services related to any eye surgery mainly to correct refractive errors;
(xxvi) Services or supplies that are determined to be Experimental or Investigational

Procedures;
38 Packet Pg. 215

10.b
(xxvii) Drugs, medications and supplies which do not require a Physician’s written
prescription, and injectibles, fertility drugs, anoretics or any type of diet pills or
weight loss or weight maintenance drugs, vitamins and cosmetic drugs including
Rogaine and Retin A, or any other services not authorized by the Plan
Administrator;
(xxviii) Smoking cessation aids or drugs;
(xxix) Service or supplies resulting from an intentionally self-inflicted Illness or Injury,
unless due to a physical or mental condition or an act of domestic violence;
(xxx) The amount of any refund or allowance made to the Participant by a blood bank
or similar organization for blood or blood plasma;
(xxxi) Procedures or treatments to reverse prior voluntary sterilization;
(xxxii) In-vitro fertilization, artificial insemination or any cost associated with infertility
services or the diagnosis or assessment of any of the above;
(xxxiii) Vocational testing, evaluation and counseling;
(xxxiv) Services rendered primarily for training or educational purposes;
(xxxv) Self-administered services;
(xxxvi) Any charge not considered a Covered Charge under this Plan;
(xxxvii) Services or supplies provided in connection with an accidental Injury or Illness

due to participation in the commission of any crime;
(xxxviii) Charges for federal, state and/or local taxes (except for sales taxes);
(xxxix) Incurred Charges in excess of the Lifetime Maximum Benefit;
(xl) Charges in connection with the fitting or wearing of dentures, supplies or

appliances related to Temporomandibular Joint Dysfunction except as provided
under Article VI of the Plan;
(xli) Marriage, sex, family, child, career, social adjustment, pastoral, or financial
counseling;
(xlii) Medical equipment which is not primarily or customarily used to serve a medical
purpose, disposable sheaths and supplies, exercise or hygienic equipment, hot
tubs, correction appliances (except casts, splints and dressings), support
appliances and supplies such as stockings, arch supports, orthodontic items, and
correction shoes, air conditioners, humidifiers and comfort items;
39 Packet Pg. 216

10.b
(xliii) Any expenses, treatment or procedure related to sex change or designed to alter
physical characteristics to those of the opposite sex, or to gender identity
disorders;
(xliv) Foreign travel immunization;
(xlv) Spinal Manipulation Treatment in excess of the $750 maximum per Benefit Year;
(xlvi) For the first 365 days following enrollment, Covered Charges incurred for a
condition (related to an Injury or Illness) which is deemed a Pre-Existing
Condition to the extent such Covered Charges exceed $4,000 for treatment of
such Pre-Existing Condition;
(xlvii) Abortions in situations where the mother’s life is not threatened.
(xlviii) Services related to treatment, education testing, or training related to learning

disabilities or developmental delays;
(xlix) Services for care furnished mainly to provide a surrounding free from exposure
that can worsen the person’s disease or injury;
(l) Services for or related to the following types of treatment: primal therapy, rolfing,
psychodrama, megavitamin therapy, bioenergetics therapy, vision perception
training, or carbon dioxide therapy;
(li) Services for treatment of covered health care providers who specialize in the
mental health care field and who receive treatment as part of their training in that
field;
(lii) Services of a resident physician or intern rendered in that capacity;
(liii) Therapy, supplies, or counseling for sexual dysfunctions or inadequacies that do

not have a physiological or organic basis;
(liv) Except to the extent coverage is specifically provided under Article VI of the
Plan, and without regard to whether or not a drug is delivered in oral, injectable or
topical form (including but not limited to gels, creams, ointments and patches),
drugs or supplies used for the treatment of erectile dysfunction, impotence, or
sexual dysfunction, or inadequacy, including but not limited to: (a) sildenafil
citrate, (b) phentolamine, (c) apomorphine, (d) alprostadil, or (e) any other drug
that is in a similar class, has a similar or identical mode of action, or exhibits
similar or identical outcomes;
(lv) Drugs or supplies used for performance, athletic performance or lifestyle

enhancement;
(lvi) Services for or in connection with speech therapy, except that this exclusion shall
not apply to charges for speech therapy that is expected to restore speech to a
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10.b
person who has lost existing speech function as the result of an Illness or Injury;
and
(lvii) Services or supplies furnished by a Preferred Care Provider in excess of such

provider’s negotiated charge for that service or supply except that this exclusion
shall not apply to any service or supply for which a benefit is provided under
Medicare before the benefits of the Plan are paid.
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10.b
ARTICLE VIII
COORDINATION OF BENEFITS WITH OTHER PLANS
Section 8.01 - Coordinating Benefits: If a Participant has coverage under this Plan as well as
coverage from another source, benefits that are received through this Plan shall be coordinated
with the benefits available under the plan containing the Participant’s other source of benefits.
This coordination of benefits provision shall apply to all benefits provided under this Plan.
Section 8.02 - Coverage from Another Source: For purposes of this Article VIII, “coverage from
another source” shall mean any other plan providing benefits or services for medical, dental,
orthodontic, or vision treatment by one of the following:
(i) Group insurance, or any other arrangement of coverage for individuals in a group
health maintenance organization or other group on an insured or uninsured basis
sponsored by an employer, employer organization, employee benefit organization,
union welfare plan, labor management trusteed plan or otherwise, or state or
federal programs providing health coverage;
(ii) Group coverage sponsored through a school or other educational institution, for a
student, which is partially subsidized by such organization;
(iii) Group coverage under franchise organizations where the participants pay on an
individual basis;
(iv) Automobile reparations (no-fault) insurance required under any law of a

government and provided on other than a group basis, but only to the extent the
benefits are required under such no-fault law; or
(v) Service plan contract, group or individual practice or other prepayment plan.
Section 8.03 – Construction: Coverage from another source will be construed separately with
respect to each policy, contract, or other arrangement for benefits or services, and separately with
respect to that portion of any such policy, contract, or other arrangement which reserves the right
to take the benefits or services of other plans into consideration in determining its benefits and
that portion which does not. When a plan provides benefits in the form of services rather than
cash payments, the reasonable cash value of each service rendered will, for purposes of this
Article VIII, be considered to be both a Covered Charge and the amount of benefit paid.
Section 8.04 - Ordering of Benefits: When coverage is provided by two or more sources as
stated above, the plan that is primary is established in the following order:
(i) The plan that has no coordination of benefits provision or has provision language
that is not reasonable will be considered primary to a plan that has adopted
reasonable guidelines;
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10.b
(ii) The plan covering the person as an employee will be primary to the plan covering
the person as a dependent;
(iii) The plan covering the person as the primary insured will be primary to the plan
covering the person as a dependent;
(iv) The plan covering the person as an active dependent participant of an active
employee will be primary to a plan covering the person as an individual on
COBRA Continuation Coverage who is a former participant;
(v) The plan covering the person as an active employee will be primary to the plan
covering the person as a retired, laid-off or terminated employee;
(vi) If (i), (ii), (iii), (iv) or (v) do not apply, the plan covering the person for the
longest period of time will be primary;
(vii) For purposes of a Dependent covered under a plan of both of his non-divorced
parents, the plan covering the parent whose birthday falls first in the year will be
primary to the plan covering the parent whose birthday falls later in the year; and,
if both parents have the same birthday, the plan covering the parent for the longest
period of time will be primary;
(viii) For a Dependent whose parents are divorced or separated, and the Dependent is
covered by plans of both parents, the plan covering the parent who is responsible
for the Dependent’s health care under the terms of the court decree will be the
primary payor. In the absence of such court decree, payment will be made in the
order as follows:
(a) The plan of the parent with custody;
(b) The plan of the step-parent with custody;
(c) The plan of the parent without custody.
For a Dependent whose parents are divorced or separated, if the Dependent is

covered by plans of both parents and the parents have joint custody, the ordering
in Section 8.04 (vii) shall apply.
Section 8.05 - Reduction of Benefits Payable by the Plan: Whenever this Plan is considered as
secondary to another plan, benefits will be payable by the primary plan to the extent that the
expense is payable under the other plan, and the Plan as the secondary plan shall be liable only
for the remainder of any Incurred Charges that are not covered by the other plan. In no event
will benefits be payable from all sources in excess of the total of the Incurred Charges. The
Claims Administrator reserves the right to reduce benefits under this Plan to the extent that the
sum of benefits payable from all sources would otherwise exceed the total Incurred Charge.
Section 8.06 - Non-Recognition of Certain Coordination of Benefits Provisions In Other Plans:

When this Plan is secondary, it shall not recognize a coordination of benefits provision, Out-of-
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10.b
Pocket Maximum cost provision, or other provision in the primary plan which serves to
eliminate or reduce coverage under such primary plan or to otherwise reduce the exposure of the
primary plan due to the existence (or eligibility for) a secondary payor plan for the Covered
Employee or the Covered Employee’s covered Dependents. This Plan, when it is secondary,
shall pay no more than the Covered Employee or Covered Employee’s covered Dependents
would have had to pay for services under the primary plan if there had been no secondary
coverage. In addition, in the event this Plan is secondary, any penalty or reduction in benefits
due to a Covered Employee’s failure to meet the primary plan’s requirements shall be
disregarded (and the Plan as the secondary plan will deem the penalty or reduction as actually
paid) when determining this Plan’s liability for secondary payment.
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10.b
ARTICLE IX
SPECIAL PROVISIONS FOR PARTICIPANTS ELIGIBLE FOR MEDICARE
The following provisions apply to determine the primary payor of benefits when Employees are
covered under this Plan and are eligible to be covered under the hospital insurance portion of
Medicare.
Section 9.01 - Plan as Primary Payor: Unless determined otherwise, this Plan shall be primary
for:
(i) Participants who are Employees;
(ii) Participants who are Dependents of Employees;
(iii) Participants receiving Medicare due to permanent and total disability who are
Active Employees or Dependents of Active Employees; and
(iv) Participants under Attained Age sixty-five (65) who are receiving kidney dialysis
treatment. The Plan shall be primary for eighteen (18) months beginning on the
earlier of (i) the month the Participant begins a regular course of kidney dialysis,
or (ii) in the case of kidney transplant, the first month the Participant becomes
eligible for Medicare benefits.
For purposes of this Section and subject to regulations promulgated by the Centers for Medicare
and Medicaid Services (CMS), “Active Employee” shall be given the same meaning as specified
under OBRA ‘93 as it relates to both a non-disabled employee and primary and secondary
payments for individuals who are considered disabled individuals.
For purposes of this Article IX only, the term “Participant” shall not include any Retiree who is
Attained Age sixty-five (65) or older.
Section 9.02 - Election by Employee and Employee’s Spouse: Covered Employees (Attained
Age sixty-five (65) or greater) and spouses (Attained Age sixty-five (65) or greater) of
Employees shall be given the opportunity to select this Plan or Medicare as the primary payor on
forms to be prescribed by the Claims Administrator at least thirty (30) days prior to the date such
Employee reached Attained Age sixty-five (65) and/or the spouse reached Attained Age sixty-
five (65). If Medicare is selected as the primary payor, coverage under this Plan shall cease. If
this Plan is selected as the primary payor, Medicare shall be the secondary payor.
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10.b
ARTICLE X
CLAIMS PAYMENT PROVISIONS
Section 10.01 - Payment of Benefits: Benefits payable shall be paid to the Covered Employee
upon receipt by the Claims Administrator of written proof that the Participant had an Incurred
Charge. The Plan shall pay benefits directly to the Covered Employee unless the Covered
Employee requests otherwise, provided that such request must be made not later than the time
the request for payment of benefits is filed. The assignment of benefits by a Covered Employee
will not be binding upon the Plan without its written consent.
Section 10.02 - Payment to Legal Representative: In the event that a guardian, conservator or
other legal representative has been duly appointed for a Participant, any such payment under the
Plan may be made to such representative and such payment will discharge any liability under the
Plan.
Section 10.03 - Procedure for Filing Claims: The Claims Administrator shall promulgate
guidelines for efficient filing of claims. Such guidelines shall be furnished to each Participant.
(a) Notwithstanding anything to the contrary, in the event that a claimant fails to
follow the Plan’s procedures for filing a Pre-Service Claim, the Claims
Administrator shall notify the claimant, as soon as possible but not later than five
days (24 hours in the case of a failure involving an Urgent Care Claim) following
the failure, of the failure and of the proper procedures to be followed under the
Plan for filing such a claim. Such notice may be provided orally unless the
claimant requests written notice. Notwithstanding the foregoing, this Subsection
shall apply only in the case of a failure involving a communication by a claimant
that is received by a person or organizational unit customarily responsible for
handling benefit matters and only if such communication names a specific
claimant, a specific medical condition or symptom and a specific treatment,
service or product for which approval is requested.
(b) For purposes of Subsection (a), the terms “Pre-Service Claim” and “Urgent Care
Claim” shall have the meanings ascribed to such terms in Section 10.06.
(c) Any claims procedures or guidelines promulgated under this Article X shall
provide, with respect to the voluntary levels of appeal set forth in Section
10.06(d), that:
(i) The Plan waives any right to assert that a claimant has failed to exhaust
administrative remedies because the claimant did not elect to submit a
benefit dispute to such voluntary levels of appeal;
(ii) The Plan agrees that any statute of limitations or other defense based on
timeliness is tolled during the time that any such voluntary appeal is
pending;
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10.b
(iii) A claimant may elect to submit a benefit dispute to the voluntary levels of
appeal provided in Section 10.06(d) only after exhaustion of the appeals
otherwise provided in Section 10.06;
(iv) The Plan shall provide to any claimant, upon request, sufficient
information relating to the voluntary levels of appeal to enable the
claimant to make an informed judgment about whether to submit a benefit
dispute to the voluntary levels of appeal, including a statement that the
decision of a claimant as to whether or not to submit a benefit dispute to
the voluntary levels of appeal will have no effect on the claimant’s rights
to any other benefits under the Plan and including information about the
applicable rules, the claimant’s rights to other benefits, the claimant’s right
to representation, the process for selecting the decision maker, and the
circumstances, if any, that may affect the impartiality of the decision
maker; and
(v) No fees or costs are imposed on the claimant as part of the voluntary
levels of appeal.
Section 10.04 - Proof of Incurred Charge: Proof of an Incurred Charge must be provided in
writing, and furnished to the Claims Administrator within ninety (90) days after the date of the
Incurred Charge and must cover the occurrence, character, and extent of the expense. If through
no fault of the Participant, the Participant is not able to meet the deadline for filing a claim, the
claim may still be accepted if filed as soon as possible. Unless the Participant is legally
incapacitated, late claims will not be covered if filed more than two (2) years after the filing
deadline. In no event shall a claim be paid if it has not been furnished to the Claim
Administrator within this time period.
Section 10.05 - Right to Examine by Claims Administrator: The Claims Administrator shall
have the right and opportunity to, at its own expense, have a Physician examine the individual
whose Injury or disease is the basis of a claim when and as often as the Claims Administrator
may reasonably require.
Section 10.06 - Claims Review: Once a written claim for benefits is received, the Claims
Administrator will evaluate such claim and notify the Participant of the approval or the denial of
such claim.
(a) Initial Claim:
(1) Urgent Care Claims: In the case of an Urgent Care Claim, the Claims
Administrator shall notify the claimant of its decision (adverse or not) as
soon as possible, taking into account the medical exigencies, but in no
event later than 72 hours after receipt of the claim by the Plan; provided,
however, that if the claimant fails to provide sufficient information to
determine whether, or to what extent, benefits are covered or payable
under the Plan, the Claims Administrator shall notify the claimant as soon
as possible, but not later than 24 hours after receipt of the claim by the
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10.b
Plan, of the specific information necessary to complete the claim. In the

event such additional information is required, (A) the claimant shall have a
reasonable amount of time, taking into account the circumstances, but in
no event less than 48 hours to provide the specified additional information
to the Plan, and (B) the Claims Administrator shall notify the claimant of
its decision as soon as possible, but in no event later than 48 hours after
the earlier of (I) the Plan’s receipt of the specified additional information
or (II) the end of the period afforded the claimant to provide the additional
information.
(2) Concurrent Care Decisions: In the event that the Plan has approved an
ongoing course of treatment or number of treatments to be provided over a
period of time, any reduction or termination by the Plan of such course of
treatment (other than as a result of a Plan amendment or termination of the
Plan) before the originally contemplated end of such period of time or
number of treatments shall constitute a denial of benefits hereunder, and
the Claims Administrator shall notify the claimant of such denial
sufficiently in advance of the reduction or termination to allow the
claimant to appeal such denial and obtain a review of such denial before
the benefit is reduced or terminated. In the event that a claimant requests
an extension of a course of treatment, and such claim is an Urgent Care
Claim, (A) such claim shall be decided as soon as possible, taking into
account the medical exigencies, and (B) the Claims Administrator shall
notify the claimant of its decision (adverse or not) within 24 hours after
receipt of the claim by the Plan, provided that such claim is made to the
Plan at least 24 hours before the expiration of the original course or
number of treatments.
(3) Claims other than Urgent Care Claims or Concurrent Care Decisions: If a
claim under this Plan other than an Urgent Care Claim or a claim
involving concurrent care decisions (as described in Subsection (2) above)
is denied in whole or in part, the Claims Administrator shall notify the
claimant of its decision within a reasonable period of time, but not later
than 30 days (15 days in the case of a Pre-Service Claim) after receipt of
the claim or, if the Claims Administrator determines that an extension is
necessary due to matters beyond the control of the Plan, not later than 45
days (30 days in the case of a Pre-Service Claim) after receipt of the
claim; provided, however, that no such extension shall be permitted unless
the Claims Administrator provides notice of such extension, indicating the
circumstances requiring the extension and the date by which the Claims
Administrator expects to render a decision, to the claimant prior to the
expiration of the initial 30-day (15-day in the case of a Pre-Service Claim)
period. If the circumstance requiring the extension is the failure of the
claimant to submit the information necessary to decide the claim, the
notice of extension shall specifically describe the required information,
and the claimant shall be afforded at least 45 days from receipt of the
notice within which to provide the specified information. If the claimant
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10.b
fails to provide the specified information within such 45-day period, the
claim determination shall be made without such information.
(4) For purposes of this Subsection (a), the initial 30-day (15-day in the case
of a Pre-Service Claim) claim determination period shall begin when a
claim is filed in accordance with the Plan’s reasonable procedures for
filing such a claim, without regard to whether all the information
necessary to make a claim determination accompanies the filing. In the
event that the initial 30-day (15-day in the case of a Pre-Service Claim)
period is extended due to a claimant’s failure to submit information
necessary to decide the claim, the period for making the claim
determination shall be tolled from the date on which the notification of the
extension is sent to the claimant until the date on which the claimant
responds to the request for additional information or, if the claimant fails
to provide the requested information within 45 days from his receipt of the
request for additional information, the expiration of the 45-day period.
(5) Notices for purposes of this Subsection (a) shall be made either in writing
or electronically.
(6) Notice of a denial of a claim under this Subsection (a) shall set forth, in a
manner calculated to be understood by the claimant, the specific reason or
reasons for the denial (including specific reference to pertinent Plan
provisions on which the denial is based), a description of any additional
material or information necessary for the claimant to perfect the claim, an
explanation of why such information is necessary and an explanation of
the review procedure under the Plan and the time limits applicable to such
procedures.
(A) If an internal rule, guideline, protocol or other similar criterion was

relied upon making the adverse determination, the notice shall
include either (i) the specific rule, guideline, protocol or other
similar criterion or (ii) a statement that such a rule, guideline,
protocol or other similar criterion was relied upon in making the
adverse determination and that a copy of such rule, guideline,
protocol or other criterion will be provided free of charge to the
claimant upon request.
(B) If the denial was based on a medical necessity or experimental

treatment or similar exclusion or limit, the notice shall include
either an explanation of the scientific or clinical judgment for the
determination, applying the terms of the Plan to the claimant’s
medical circumstances or a statement that such explanation will be
provided free of charge upon request.
(C) In the case of a denial of an Urgent Care Claim, the notice shall
include a description of the expedited review process applicable to
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10.b
such claims, and the information required under this Subsection (6)
may be provided orally within the time frame specified in
Subsection (1) hereof, provided that a notification that satisfies
Subsection (5) hereof must be provided to the claimant not later
than three days following the oral notification.
(b) Appeal: A claimant whose application for benefits has been denied in whole or in
part, or such claimant’s duly authorized representative, may appeal such denial by
submitting to the Claims Administrator a request for review of the denied claim.
(1) Any request must be submitted in writing within 180 days of the date on
which such claimant receives notice of the denial.
(2) The Claims Administrator shall (A) provide the claimant or his
representative an opportunity to submit written comments, documents,
records and other information relating to the claim; (B) provide the
claimant or his representative, upon request and free of charge, reasonable
access to, and copies of, all documents, records and other information
relevant to the claimant’s claim for benefits; and (C) provide for a review
that takes into account all comments, documents, records and other
information submitted by the claimant relating to the claim, without regard
to whether such information was submitted or considered in the initial
review. For purposes of this Subsection (b), a document, record or other
information shall be considered “relevant” to a claim if it (I) was relied
upon in making the benefit determination, (II) was submitted, considered
or generated in the course of making the benefit determination, without
regard to whether it was relied upon in such determination, or (III) if
applicable, constitutes a statement of policy or guidance with respect to
the Plan concerning the denied benefit for the claimant’s diagnosis,
without regard to whether such advice or statement was relied upon in
making the claim determination.
(3) A request for a review under this Subsection (b) should include all of the
grounds on which it is based, all facts in support of the request and any
other matters that the claimant deems pertinent. The Claims
Administrator may also require the claimant to submit such additional
facts, documents or other materials as the Claims Administrator may deem
necessary or appropriate in making its review.
(4) In the case of a request for a review of denial of an Urgent Care Claim,
(A) a request for an expedited appeal of the denial may be submitted
orally or in writing by the claimant, and (B) all necessary information,
including the Plan’s determination on review, shall be transmitted between
the Plan and the claimant by telephone, facsimile or other available
similarly expeditious method.
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10.b
(c) Review of Appeal:
(1) The Claims Administrator shall act on each request for a review of a
denied claim and notify the claimant as to its determination within the
following time periods:
(A) In the case of an Urgent Care Claim, the Claims Administrator

shall notify the claimant of its determination as soon as possible,
taking into account the medical exigencies, but not later than 72
hours after receipt of the claimant’s request for review of the
denial.
(B) In the case of a Pre-Service Claim, the Claims Administrator shall

notify the claimant of its determination within a reasonable period
of time appropriate to the medical circumstances; provided that,
with respect to either this review by the Claims Administrator or
the voluntary review by the Plan Administrator described in
Section 10.06(d)(1), such notification shall be provided not later
than 15 days after receipt by the Plan of the request for review.
(C) In the case of a Post-Service Claim, the Claims Administrator shall

notify the claimant of its determination within a reasonable period
of time; provided that, with respect to either this review by the
Claims Administrator or the voluntary review by the Plan
Administrator described in Section 10.06(d)(1), such notification
shall be provided not later than 30 days after receipt by the Plan of
the request for review.
For purposes of this Subsection (1), the review period shall begin when an
appeal is filed in accordance with the Plan’s reasonable procedures for
filing such an appeal, without regard to whether all the information
necessary to make a claim determination on review accompanies the
filing.
(2) Any review of a denied claim hereunder shall:
(A) Take into account all comments, documents, records and other
information relating to the claim that is submitted in connection
with the request for review, without regard to whether such
information was submitted or considered in the initial claim
determination;
(B) Not afford deference to the initial adverse claim determination;
(C) Be conducted by an appropriate named fiduciary of the Plan who is

neither the individual who made the initial adverse claim
determination that is the subject of the appeal nor the subordinate
of such individual;
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10.b
(D) To the extent that the initial adverse claim determination was based
in whole or in part on a medical judgment, including
determinations with regard to whether a particular treatment, drug
or other item is experimental, investigational or not medically
necessary or appropriate, include consultation by the appropriate
named fiduciary with a Health Care Professional who has
appropriate training and experience in the field of medicine
involved in the medical judgment, provided that such Health Care
Professional shall be an individual who is neither an individual
who was consulted in connection with the initial adverse claim
determination that is the subject of the appeal nor the subordinate
of any such individual; and
(E) Provide the claimant with identification of medical or vocational

experts whose advice was obtained on behalf of the Plan in
connection with the claimant’s adverse claim determination,
without regard to whether the advice was relied upon in making
the claim determination.
(3) Notices for purposes of this Subsection (c) shall be made either in writing
or electronically.
(4) Notice of a denial of a claim upon review under this Subsection (c) shall
set forth, in a manner calculated to be understood by the claimant, the
following:
(A) The specific reason or reasons for the denial (including specific
reference to pertinent Plan provisions on which the denial is
based).
(B) A statement that the claimant is entitled to receive, upon request

and free of charge, reasonable access to, and copies of, all
documents, records and other information relevant to the
claimant’s claim for benefits. For purposes of this Subsection (c),
“relevant” documents, records and other information shall be
determined in the same manner as under Subsection (b).
(C) A statement describing the voluntary appeal procedures offered by

the Plan and the claimant’s right to obtain the information about
such procedures as provided in Section 10.03(c); and
(D) If an internal rule, guideline, protocol or other similar criterion was

relied upon making the adverse determination, the notice shall
include either (I) the specific rule, guideline, protocol or other
similar criterion or (II) a statement that such a rule, guideline,
protocol or other similar criterion was relied upon in making the
adverse determination and that a copy of such rule, guideline,
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10.b
protocol or other criterion will be provided free of charge to the

claimant upon request.
(E) If the adverse determination is based on a medical necessity or

experimental treatment or similar exclusion or limit, the notice
shall include either (I) an explanation of the scientific or clinical
judgment for the determination, applying the terms of the Plan to
the claimant’s medical circumstances or (II) a statement that such
explanation will be provided free of charge upon request.
(d) Voluntary Appeals: A claimant whose application for benefits has been denied
pursuant to the foregoing, in whole or in part, or such claimant’s duly authorized
representative, may file one or more voluntary appeals (as applicable under this
Subsection (d) following such denial; provided, however, that in no event may a
voluntary appeal be filed under this Subsection (d) prior to the claimant’s
exhaustion of all appeals available under the foregoing Subsections of this Section
10.06).
(1) If (A) all available appeals provided in Subsections (a), (b) and (c) have
been exhausted, and (B) the claimant is dissatisfied with the appeal
decision, the claimant may file a second level appeal within 60 days of
receipt of the denial of the appeal reviewed pursuant to Subsection (c).
Subsections (b)(2), (b)(3), (b)(4) and (c) shall apply to any such second
level appeal.
(2) If (A) all available appeals provided in Subsections (a), (b), (c) and (d)(1)
have been exhausted, (B) the appeal is made by the claimant or the
claimant’s duly authorized representative, (C) the previous denials have
been based on the Claims Administrator’s determination that the proposed
or rendered service or supply is not medically necessary or is experimental
or investigational, and (D) the cost of the service or supply at issue for
which the claimant is financially responsible exceeds $500, then such
voluntary appeal must be filed with the Claims Administrator for an
external review in accordance with such timelines and procedures as the
Claims Administrator may specify, subject to any applicable requirements
of this Article X.
(3) If (A) all available appeals provided by Subsections (a), (b), (c) and (d)(1)
have been exhausted, and (B) either (I) Subsection (d)(2) does not apply
and the voluntary appeal does not qualify for the external review process
through the Claims Administrator or (II) if the claimant is dissatisfied with
the determination made by the Claims Administrator through its external
review process, then the claimant may file a voluntary appeal with the
Plan Administrator by submitting to the Plan Administrator a request for
review of the denied claim. Any such voluntary appeal to the Plan
Administrator shall be subject to such procedures as the Plan
Administrator may determine from time to time, subject to any applicable
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10.b
requirements of this Article X. Any decision of the Plan Administrator

hereunder shall be final, conclusive and binding on all parties.
(e) Definitions and Designation of Representative:
(1) Definitions: For purposes of Subsections (a), (b) and (c), the following
definitions shall apply:
(A) An “Urgent Care Claim” is any claim for medical care or treatment
with respect to which the application of time periods for making
non-urgent care determinations (i) could seriously jeopardize the
life or health of the claimant or the ability of the claimant to regain
maximum function or (ii) in the opinion of a physician with
knowledge of the claimant’s medical condition, would subject the
claimant to severe pain that cannot be adequately managed without
the care or treatment that is the subject of the claim. Whether a
claim is an Urgent Care Claim shall be determined for purposes of
this Plan by an individual acting on behalf of the Plan applying the
judgment of a prudent layperson who possesses an average
knowledge of health and medicine, provided that any claim that a
physician with knowledge of the claimant’s medical condition
determines to be an Urgent Care Claim (as described in the
preceding sentence) shall be treated as an Urgent Care Claim under
the Plan.
(B) A “Pre-Service Claim” is any claim with respect to which the

terms of the Plan condition receipt of the benefit, in whole or in
part, on approval of the benefit in advance of obtaining medical
care.
(C) A “Post-Service Claim” is any claim for a benefit under the Plan
that is not a Pre-Service Claim.
(D) A “Health Care Professional” is any physician or other health care
professional who is licensed, accredited or certified to perform
specialized health services consistent with applicable state law.
(2) Designation of Representative: For purposes of pursuing a benefit claim

or appeal under this Section 10.06, a claimant may designate an authorized
representative to communicate with the Plan on such claimant’s behalf,
subject to any reasonable procedures the Plan Administrator may establish
from time to time to determine whether an individual has been so
authorized by a claimant, and any references to a claimant hereunder shall
be interpreted to include such claimant’s authorized representative unless
the context clearly indicates otherwise. Notwithstanding the foregoing, in
the event of an Urgent Care Claim, a Health Care Professional with
knowledge of a claimant’s medical condition shall be permitted to act as
the claimant’s authorized representative for all purposes hereunder.
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10.b
Section 10.07 - Exhaustion of Administrative Remedies: No action at law or in equity may be

brought to recover under this Plan until all administrative remedies have been exhausted. If a
claimant fails to file a request for review in accordance with the procedures outlined herein, such
claimant shall have no rights of review and shall have no right to bring action in any court. The
denial of the claim shall become final and binding on all persons for all purposes.
Section 10.08 - Action for Recovery: No action at law or in equity may be brought for recovery
under this Plan after three (3) years from the time written proof of a claim is required to be
furnished.
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10.b
ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 11.01 - Right of Recovery: If the Plan has made an erroneous or excess payment to any
Participant, the Plan Administrator shall be entitled to recover such excess from the Participant
to whom such payments were made. The recovery of such overpayment may be made by
charging the Participant directly or by offsetting the amount of any other benefit or amount
payable to the Participant by the amount of the overpayment under the Plan.
Section 11.02 - Right of Subrogation: The Plan (and/or any insurance company or entity
assigned the right of subrogation by the Plan Administrator) shall be subrogated to all rights of
recovery which a Participant may have against any person, company or organization for any
negligent or any willful act or omission resulting in an injury or illness for which benefits are
paid under the Plan. In the event that the amount of benefits paid under this Plan is in close
proximity to the amount of settlement or judgment for which the Plan (and/or any insurance
company or entity assigned the right of subrogation by the Plan Administrator) has a right of
recovery, the Plan Administrator shall have discretionary authority to negotiate, consistent with
the intentions of this provision and the Plan. By accepting payment of benefits under the Plan,
the Participant assigns such rights of recovery to the Plan (and/or any insurance company or
entity assigned the right of subrogation by the Plan Administrator) and agrees to do whatever
may be necessary to secure recovery, including execution by the Participant or his legal
representative of all appropriate agreements such as acceptance of the subrogation rights or other
papers of the Plan (and/or any insurance company or entity assigned the right of subrogation by
the Plan Administrator). Failure to comply with this requirement shall result in the cessation of
benefits under the Plan.
Section 11.03 – Verification: The Plan Administrator shall be entitled to require reasonable
information to verify any claim or the status of any person as a Participant. If the Participant
does not supply the requested information or provide a release for such information, such
Participant shall not be entitled to benefits under the Plan.
Section 11.04 - Limitation of Rights: Nothing appearing in or done pursuant to the Plan shall be
held or construed:
(i) To give any person any legal or equitable right against the Employer, the Plan
Administrator, or any other committee or person connected therewith, except as
expressly provided herein or as provided by law; or
(ii) To give any person any legal or equitable right to any assets of the Plan or any
related trust, except as expressly provided herein.
Section 11.05 - State of Jurisdiction: To the extent not preempted by federal law, the provisions
of the Plan shall be construed, enforced and administered according to the laws of the State of
Texas.
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Section 11.06 – Severability: If any provision of the Plan is held invalid or unenforceable, its
validity or unenforceability shall not affect any other provision of the Plan, and the Plan shall be
construed and enforced as if such provision had not been included herein.
Section 11.07 – Captions: The captions contained herein are inserted only as a matter of
convenience and for reference and in no way define, limit, enlarge or describe the scope or intent
of the Plan nor in any way shall affect the Plan or the construction of any provision thereof.
Section 11.08 - Entire Plan: This document constitutes the entire Plan and there are no oral items
or conditions to the contrary. Any change, modification or amendment to the Plan must be in
writing.
Section 11.09 – Venue: By electing to participate in the Plan, all Participants consent and agree
that the only location for filing or trying a lawsuit which determines the liability, amount of
benefits and/or amount of damages under the Plan shall be in Dallas County, Texas. If a lawsuit
is filed or tried outside of Dallas County, Texas, excluding the appellate process, to determine
liability, benefits or damages against the Plan, then the Plan shall have no obligation to or on
behalf of a Participant concerning the claims in said lawsuit.
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ARTICLE XII
DUTIES AND POWERS OF THE PLAN ADMINISTRATOR
Section 12.01 - Appointment of Plan Administrator: The Employer shall be the Plan
Administrator unless another Plan Administrator is appointed by the City Manager for the City
of Irving (“City Manager”) to administer the Plan and keep records of proceedings and claims.
Any Plan Administrator who is appointed by the City Manager will serve until resignation or
dismissal by the City Manager, and any vacancy or vacancies shall be filled in the same manner
as the original appointments. The City Manager may dismiss any person or persons serving as
Plan Administrator at any time with or without cause. No compensation will be paid to the Plan
Administrator for service as such, but any reasonable expenses incurred pursuant to such service
will be reimbursed by the Employer. In the event the City Manager chooses to appoint more
than one (1) person to act as Plan Administrator, a majority vote of such persons shall be
necessary for the transaction of business. In the event only two (2) persons are named as Plan
Administrator, the transaction of business shall require the unanimous vote of both parties. All
usual and reasonable expenses of the Plan Administrator may be paid in whole or in part by the
Employer and any expenses not paid by the Employer shall not be the responsibility of the Plan
Administrator.
Section 12.02 - Powers of Plan Administrator: Subject to the limitations of the Plan, the Plan
Administrator will from time-to-time establish rules for the administration of the Plan and
transaction of its business. The Plan Administrator will rely on the records of the Employer with
respect to any and all factual matters dealing with the employment of an Employee. The Plan
Administrator will resolve any factual dispute, giving due weight to all evidence available to it.
The Plan Administrator shall have complete and final discretionary authority to construe and
interpret the Plan and determine all questions arising in the administration, interpretation, and
application of the Plan and its provisions (including questions of whether a claim is a
reimbursable claim under this Plan). Without limitation, such decisions by the Plan
Administrator as to the determination of all related or non-related questions and matters that arise
under the Plan shall be final, conclusive and binding, and there shall be no de novo review of any
such decision by any court. Any review of such decision shall be limited to determining whether
the decision was so arbitrary and capricious as to be an abuse of discretion.
Section 12.03 - Outside Assistance: The Plan Administrator may employ such counsel,
accountants, Claims Administrators, benefits specialists, consultants, actuaries and other person
or persons as it shall deem advisable. The Employer shall pay the compensation of such counsel,
accountants, and other person or persons and any other reasonable expenses incurred by the Plan
Administrator in the administration of the Plan.
Section 12.04 - Delegation of Powers: In accordance with the provisions hereof, the Plan
Administrator has been delegated certain administrative functions relating to the Plan with all
powers necessary to enable it properly to carry out such duties.
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ARTICLE XIII
DISCLAIMER OF LIABILITY
Section 13.01 - Disclaimer of Liability: Except as otherwise provided by law, neither the City
Council for the City of Irving (“City Council”), the City Manager, the Employer, the Plan
Administrator, the trustee (if any) nor any other agent or Employee of the City of Irving
designated to carry out fiduciary responsibilities pursuant to this Plan shall be liable for any act
or failure to act, which is made in good faith pursuant to the Plan.
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ARTICLE XIV
GUARANTEES AND LIABILITIES
Section 14.01 - Non-Guarantee of Employment: Nothing contained in the Plan shall be

construed as a contract of employment between an Employer and any Participant, or as a right of
any Participant to be continued in the employment of an Employer, or as a limitation of the right
of an Employer to discharge any of the Participants, with or without cause.
Section 14.02 - Non-Alienation of Benefits: No benefit under this Plan shall be subject to
anticipation, alienation, sale, transfer, pledge, charge, attachment, assignment, encumbrance,
garnishment, execution, or levy of any kind or any other process of law, voluntary or
involuntary, including any such benefit intended for support of a spouse or former spouse or
other relations of the Participant prior to payment actually being received by the Participant
entitled to the benefit under the terms of this Plan, and any attempt to so dispose of any rights to
benefits payable hereunder shall be void. The Employer shall not be in any manner liable for or
subject to the debts, contracts, liabilities, engagements or torts of any Participant entitled to
benefits hereunder. Notwithstanding the foregoing, a Participant may, with consent of the Plan
Administrator and by executing any appropriate forms prescribed by the Claims Administrator,
assign payment hereunder to a health care provider to whom the Participant is indebted for
Covered Charges, in which case payment to such party shall operate as a complete discharge of
the Plan with regard to such benefits.
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ARTICLE XV
AMENDMENTS, TERMINATIONS AND MERGERS
Section 15.01 - Right to Amend, Merge or Consolidate: The Employer shall have the right to at
any time merge or consolidate the Plan, and to make any amendment or amendments to the Plan
from time –to time, including those which are retroactive in effect through adoption of a City
Council resolution. Such amendments may be applicable to any Participant. Notwithstanding
the foregoing, with the approval of the City Manager and the City Attorney and the concurrence
of an actuary, the Plan Administrator may amend the Plan to provide different or more generous
contributions or benefits for a specific Employee in connection with the recruitment and/or
retention of such Employee.
Section 15.02 - Right to Terminate: The Employer shall have the right at any time to terminate
the Plan in whole or in part through adoption of a City Council resolution.
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ARTICLE XVI
MISCELLANEOUS NEW LAW AND OBRA 1993 PROVISIONS
Section 16.01 - Medical Child Support Orders (MCSO) and Other Miscellaneous Rules:
Section 16.01(A) - Rules relating to Medical Child Support Orders: To the extent
required by law, the Plan shall provide benefits in accordance with the applicable
requirements of any Qualified Medical Child Support Order. Coverage under the Plan
for any Child who is covered pursuant to a Qualified Medical Child Support Order and
who is not otherwise eligible for coverage under the Plan shall end on the date the
Qualified Medical Child Support Order expires.
(i) Definitions:
(a) The term “Qualified Medical Child Support Order” (“QMCSO”)

shall be defined for purposes of Sections 16.01, 16.02, and 16.03
as follows: A Medical Child Support Order:
(1) Which creates or recognizes the existence of an Alternate

Recipient’s right to, or assigns to an Alternate Recipient the
right to, receive benefits for which a Participant or
beneficiary is eligible under the Plan, and
(2) With respect to which the requirements of Section 16.01(B)

and Section 16.01(C) are met.
(b) The term “Medical Child Support Order” shall be defined for
purposes of Sections 16.01, 16.02, and 16.03 as follows: Any
judgment, decree, or order (including approval of a settlement
agreement) issued by a court of competent jurisdiction which:
(1) Provides for Child support with respect to a Child of a

Participant under the Plan or provides for health benefit
coverage to such a Child pursuant to a state domestic
relations law (including a community property law), and
relates to benefits under the Plan, or
(2) Enforces a law relating to medical child support described

in section 1908 of the Social Security Act (as added by
section 13822 of the OBRA ‘93) with respect to the Plan.
(c) For purposes of Sections 16.01, 16.02, and 16.03, the term
“Alternate Recipient” shall be defined as follows: Any Child of a
Participant who is recognized under a Medical Child Support
Order as having the right to enrollment under the Plan with respect
to such Participant.
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Section 16.01(B) - Information to be included in a QMCSO: A Medical Child Support

Order meets the requirements of this paragraph only if such order clearly specifies:
(i) The name and the last known mailing address (if any) of the Participant
and the name and mailing address of each Alternate Recipient covered by
the order, except that, to the extent provided in the order, the name and
mailing address of an official of a state or a political subdivision thereof
may be substituted for the mailing address of any such Alternate
Recipient;
(ii) A reasonable description of the type of coverage to be provided by the
Plan to each such Alternate Recipient, or the manner in which such type of
coverage is to be determined; and
(iii) The period to which such order applies
Section 16.01(C) - Restriction on new types or forms of benefits: A Medical Child

Support Order meets the requirements of this Section only if such order does not require
the Plan to provide any type of form of benefit, or any option, not otherwise provided
under the Plan, except to the extent necessary to meet the requirements of a law relating
to medical child support described in section 1908 of the Social Security Act (as added
by section 13822 of OBRA ‘93).
Section 16.02 - Procedural Requirements:
Section 16.02(A) - Timely notifications and determinations: In the case of any Medical
Child Support Order received by the Plan Administrator for the Plan -
(i) The Plan Administrator shall promptly notify the Participant and each
Alternate Recipient of the receipt of such order and the Plan’s procedures
for determining whether a Medical Child Support Order is a Qualified
Medical Child Support Order, and
(ii) Within a reasonable period after receipt of such order, the Plan
Administrator shall determine whether such order is a Qualified Medical
Child Support Order and notify the Participant and each Alternate
Recipient of such determination.
Section 16.02(B) - Establishment of Reasonable Procedures: The Plan Administrator

shall establish reasonable procedures to determine whether Medical Child Support Orders
are Qualified Medical Child Support Orders and to administer the provisions of benefits
under such Qualified Medical Child Support Orders. Such procedures:
(i) Shall be in writing,
(ii) Shall provide for the notification of each person specified in a Medical
Child Support Order who is named as eligible to receive benefits under the
Plan (at the address included in the Medical Child Support Order) of such
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procedures promptly upon receipt by the Plan of the Medical Child

Support Order, and
(iii) Shall permit an Alternate Recipient to designate a representative for

receipt of copies of notices that are sent to the Alternate Recipient with
respect to a Medical Child Support Order.
Section 16.03 - Actions Taken By Fiduciaries:
Section 16.03(A): If the Plan Administrator acts in accordance with Section 16.01,
16.02, and 16.03 in treating a Medical Child Support Order as being (or not being) a
Qualified Medical Child Support Order, then the Plan’s obligation to the Participant and
each Alternate Recipient shall be discharged.
Section 16.03(B) - Treatment of Alternate Recipients: Treatment of beneficiary generally

- An individual who is an Alternate Recipient under a Qualified Medical Child Support
Order shall be considered a Participant under the Plan.
Section 16.03(C) - Direct provision of benefits provided to an Alternate Recipient: Any

payment for benefits made by the Plan pursuant to a Qualified Medical Child Support
Order for reimbursement of expenses paid by an Alternate Recipient or an Alternate
Recipient’s custodial parent or legal guardian shall be made to the Alternate Recipient or
the Alternate Recipient’s custodial parent or legal guardian.
Section 16.04 - Rights of States with Respect to Group Health Plans Where Participants or
Beneficiaries Thereunder Are Eligible for Medicaid Benefits:
Section 16.04(A) - Compliance by Plans with Assignment of Rights: To the extent

required by applicable law, the Plan shall comply with any assignment of rights made by
or on behalf of such Participant or a beneficiary of the Participant as required by a state
plan for medical assistance approved under Title XIX of the Social Security Act pursuant
to section 1912(a)(1)(A) of such Act (as in effect on the date of the enactment of
OBRA ‘93).
Section 16.04(B) - Enrollment and Provisions of Benefits Without Regard to Medicaid

Eligibility: In determining or making any payments for benefits of a Participant, the fact
that the Participant is eligible for or is provided medical assistance under a state plan for
medical assistance approved under Title XIX of the Social Security Act shall not be taken
into account.
Section 16.04(C) - Acquisition by States of Rights of Third Parties: If payment has been
made under a state plan for medical assistance approved under Title XIX of the Social
Security Act, in any case in which a group health plan has a legal liability to make
payment for items or services constituting such assistance, payment for benefits under
this Plan will be made in accordance with any state law which provides that the state has
acquired the rights with respect to a Participant to such payment for such items or
services; provided, however, that in no event shall such a state law be applied to the
extent it attempts to create rights for the state plan which are greater than those of the
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10.b
Participant under the Plan, specifically including any state law which provides that a state
plan can make a claim for benefits or recover benefits beyond the period permitted under
the Plan.
Section 16.05 - Family and Medical Leave Act: If a Participant takes a leave pursuant to the
federal Family and Medical Leave Act, coverage for such Participant shall continue on the same
basis as for active Participants for the first day on which such Approved Leave of Absence began
until the leave ends, to the extent required by the federal Family and Medical Leave Act.
Section 16.05(A): An active Employee whose coverage terminates during a leave
granted pursuant to the federal Family and Medical Leave Act because of failure to make
any contribution, if required, shall be eligible to re-enroll in the Plan immediately upon
returning from the leave. Coverage shall commence on the day of his or her return to
employment to active service as determined by the Plan Administrator and payment of
any required contribution.
Section 16.05(B): An Approved Leave of Absence, which may include a leave pursuant
to the federal Family and Medical Leave Act, does not constitute a Qualifying Event
under COBRA.
Section 16.06 – USERRA: Effective October 13, 1994, the Plan shall comply with the
Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). In any
case in which a Covered Employee is absent from employment by reason of services in the
uniformed services of the United States, such Covered Employee and any Dependents who are
Participants through such Covered Employee shall be allowed to elect continuation coverage in
accordance with USERRA. The maximum period of such continuation coverage available to a
Covered Employee and his Dependents shall be the lesser of 1) the twenty-four (24) month
period beginning on the date on which the person’s absence begins, or 2) the day after the date
upon which the Covered Employee fails to apply for a return to a position of employment under
section 4312(a) of USERRA. For purposes of determining eligibility for health benefits (and
only if the Participant pays the full amount which an Employer is permitted to charge the
Participant for health coverage under USERRA) an Employee who experiences a reduction in
hours or Termination of Employment solely due to a military leave shall continue to be
considered qualified as a Participant under the Plan until the earliest date that the termination of
his health benefits is permitted under USERRA. The Plan shall be deemed in compliance with
the Veterans Benefits Improvement Act of 2004, as amended.
Section 16.07 — Prohibition Against Discrimination Against Participants and Dependents Based
on Health Status Related Factors: This Plan shall not establish rules for eligibility (including
continued eligibility) of any individual to enroll under the terms of the Plan and shall not require
such individual to pay a premium or contribution that is greater than the premium or contribution
for a similarly situated individual enrolled in the Plan based on any of the following factors:
(i) Health status;
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10.b
(ii) A physical or mental medical condition, including but not limited to, any
condition resulting from illness or injury (whether or not the injury is accidental),
pregnancy or congenital malformation;
(iii) Claims experience;
(iv) Receipt of health care;
(v) Medical history;
(vi) Information about genes, gene products and inherited characteristics from an
individual or family member;
(vii) Evidence of insurability (including conditions arising out of acts of domestic

violence); and
(viii) Disability.
Notwithstanding the foregoing, nothing in this Section 16.07 shall be construed to prevent the
Plan from establishing premium discounts or rebates, or modifying otherwise applicable
copayments or deductibles in return for adherence to a bona fide wellness program of health
promotion and/or disease prevention.
Section 16.08 - Creditable Coverage: An individual’s Creditable Coverage shall be determined

in accordance with the provisions of this Section 16.08.
Section 16.08(A) - Definition of Creditable Coverage: Creditable Coverage includes

coverage under 16.08(A)(i) below which is not excluded under 16.08(A)(ii) below.
Section 16.08(A)(i) - Coverage Included: Creditable Coverage shall include the

following:
(a) Group health plan (including a self-insured plan) of, or contributed

to by, an Employer (including a self-employed person) or
Employee organization to provide health care (directly or
otherwise) to the Employees, former Employees, the Employer,
other associated or formerly associated with the Employer in a
business relationship, or their families.
(b) Health insurance coverage consisting of medical care (provided

directly, through insurance or reimbursement, or otherwise) under
any hospital or medical service policy or certificate, hospital or
medical service plan contract, or HMO contract offered by a health
insurance issuer. However, benefits described in Treasury
Regulation Section 54.9804-1T(b)(2) are not treated as benefits
consisting of medical care.
(c) Part A or B of Title XVIII of the Social Security Act (Medicare).
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(d) Title XIX of the Social Security Act (Medicaid), other than
coverage consisting solely of benefits under Section 1928 of the
Social Security Act (the program for distribution of pediatric
vaccines).
(e) Title 10 U.S.C. Chapter 55 (medical and dental care for members
and certain former members of the uniformed services, and for
their dependents; for purposes of Title 10 U.S.C. Chapter 55,
uniformed services means the armed forces and the Commissioned
Corps of the National Oceanic and Atmospheric Administration
and of the Public Health Service).
(f) A medical care program of the Indian Health Service or of a tribal

organization.
(g) A State health benefits risk pool. For purposes of this Section, a
State health benefits risk pool means:
(i) An organization qualifying under Section 5.01(c)(26) of the

Code.
(ii) A qualified high risk pool described in Section 2744(c)(2)

of the Public Health Services Act; or
(iii) Any other arrangement sponsored by a State, the

membership composition of which is specified by the State
and which is established and maintained primarily to
provide health insurance coverage for individuals who are
residents of such State and who, by reason of the existence
or history of a medical condition:
(a) Are unable to acquire medical care coverage for

such condition through insurance or from an HMO;
or
(b) Are able to acquire such coverage only at a rate

which is substantially in excess of the rate for such
coverage through the membership organization.
(h) A health plan offered under Title 5 U.S.C. Chapter 89 (the Federal
Employees Health Benefits Program).
(i) A public health plan.
(j) A health benefit plan under Section 5(e) of the Peace Corps Act.
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Section 16.08(A)(ii): Creditable Coverage shall not include coverage consisting

solely of:
(a) Coverage only for accidents (including accidental death and

dismemberment);
(b) Disability income insurance;
(c) Liability insurance;
(d) Coverage issued as a supplement to liability insurance;
(e) Workers compensation or similar insurance;
(f) Automobile medical payment insurance;
(g) Credit only insurance;
(h) Coverage for on-site medical clinics;
(i) limited scope benefits (as defined in Treasury Regulation 54.9804-

1T(b)(3));
(j) Noncoordinated benefits (as defined in Treasury Regulation

54.9804-1T(b)(4));
(k) Supplemental benefits (as defined in Treasury Regulation 54.9804-

1T(b)(5)).
Section 16.08(B) - Counting Creditable Coverage: The Plan shall determine Creditable
Coverage by counting all the days that the individual has under one or more types of
Creditable Coverage. If on a particular day, an individual has Creditable Coverage from
more than one source, all the Creditable Coverage on that day shall be counted as one
day. Any days in a waiting period for a Plan or policy are not Creditable Coverage under
the Plan or policy.
(a) Days not counted before significant break in coverage. Days of

Creditable Coverage that occur before a significant break in coverage are
not required to be counted.
(b) Definition of significant break in coverage. A significant break in

coverage means a period of 63 consecutive days during all of which the
individual does not have any Creditable Coverage, except that neither a
waiting period nor an affiliation period is taken into account in
determining a significant break in coverage.
Section 16.09 - Mental Health Parity: Notwithstanding any other provision of the Plan (except
Section 16.11 below), in no event shall the Plan impose lower annual or lifetime maximums
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10.b
under the Plan (or under any coverage option under the Plan to claims incurred for the care and
treatment of mental or nervous disorders (other than those caused by or relating to alcohol
dependency, chemical dependency or substance abuse).
Section 16.10 - Compliance with the Mothers’ and Newborns’ Health Protection Act: Subject to
Section 16.11, in no event shall the Plan restrict benefits for any hospital length of stay in
connection with childbirth for the mother or newborn child to less than 48 hours following a
normal vaginal delivery, or less than 96 hours following a cesarean section, or require that a
provider obtain authorization from the plan or the insurance issuer for prescribing a length of
stay not in excess of the above periods.
Section 16.11 - Opt-Out of Compliance with the Health Insurance Portability and Accountability
Act (HIPAA), the Mental Health Parity Act (MHPA) and the Mothers’ and Newborns’ Health
Protection Act (MNHPA): The Employer, in its sole discretion and in accordance with
regulations promulgated by the Centers for Medicare and Medicaid Services (“CMS”), elect to
opt out of compliance with any provision of the Plan required by HIPAA, MHPA and MNHPA,
by providing proper written notice of such opt out to CMS and the Participants.
Section 16.12 - Deemed Amended to Comply with Required Laws and Regulations:
Notwithstanding any other provision of the Plan to the contrary, in the event a Federal, State or
local law regulation that affects the operation of the Plan and/or the benefit provided hereunder is
enacted or promulgated, the Plan shall be deemed to comply with such law or regulation to the
extent required.
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ARTICLE XVII
HIPAA PRIVACY PROVISIONS
Section 17.01 - HIPAA Privacy Provisions Effective April 14, 2003:
Section 17.01(A) – Purpose: This Article is intended to bring the Plan into compliance
with the requirements of the Health Insurance Portability and Accountability Act of 1996
and its implementing regulations under 45 C.F.R. Sections 160 through 164 (for
purposes of this Article XVII, referred to generally as the “HIPAA Privacy Rule”) by
establishing the extent to which the City of Irving, referred to in this Article XVII as the
“Plan Sponsor”) will receive, use and/or disclose Protected Health Information (as
defined in 45 C.F.R. Section 164.501).
The Plan has determined that it is a group health plan within the meaning of the HIPAA
Privacy Rule, and the Plan Administrator has designated the Benefits Manager in the
Human Resources Department to take all actions required to be taken by the Plan in
connection with the HIPAA Privacy Rule.
Section 17.01(B) - Required Certification of Compliance by Plan Sponsor: Except as

provided below with respect to the Plan’s disclosure of summary health information, the
Plan will (a) disclose Protected Health Information to the Plan Sponsor or (b) provide for
or permit the disclosure of Protected Health Information to the Plan Sponsor by a health
insurance issuer or HMO with respect to the Plan, only if the Plan has received a
certification (signed on behalf of the Plan Sponsor) that the Plan documents (including
this document and any other documents and instruments under which the Plan is
established and maintained) have been amended to incorporate the provisions of 45
C.F.R. Section 164.504(f)(2)(ii) and that the Plan Sponsor agrees to the conditions of
disclosure set forth in Section 17.01(D).
Section 17.01(C) - Permitted Disclosure of Protected Health Information to the Plan

Sponsor: Unless otherwise permitted by law, and subject to obtaining written
certification pursuant to Section 17.01(B) above, the Plan (and any business associate
acting on behalf of the Plan), or any health insurance issuer or HMO servicing the Plan,
may disclose Protected Health Information to the Plan Sponsor solely for the purpose of
enabling the Plan Sponsor to perform administrative functions related to the treatment,
payment and health care operations of the Plan as defined in 45 C.F.R. Section 164.501;
provided, however, that the Plan shall not disclose and may not permit a health insurance
issuer or HMO with respect to the Plan to disclose Protected Health Information to the
Plan Sponsor as otherwise permitted herein unless the statement required by 45 C.F.R.
164520(b)(1)(iii)(C) is included in the appropriate notice. In no event shall the Plan
Sponsor be permitted to use or disclose Protected Health Information in a manner that is
inconsistent with 45 C.F.R. Section 164.504(f).
Section 17.01(D) - Disclosure of Protected Health Information by Plan Sponsor: The

Plan Sponsor agrees that, with respect to any Protected Health Information disclosed to it
by the Plan (or a health insurance issuer or HMO with respect to the Plan), it shall:
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10.b
(i) Not use or further disclose the Protected Health Information other than as
permitted or required by the Plan documents or as required by law;
(ii) Ensure that any agents, including a subcontractor, to whom the Plan
Sponsor provides Protected Health Information received from the Plan
agree to the same restrictions and conditions that apply to the Plan
Sponsor with respect to such Protected Health Information;
(iii) Not use or disclose the Protected Health Information for employment-
related actions and decisions or in connection with any other benefit or
employee benefit plan of the Plan Sponsor;
(iv) Report to the Plan any use or disclosure of the Protected Health
Information that is inconsistent with the uses and disclosures provided for
of which the Plan Sponsor becomes aware;
(v) Make available Protected Health Information in accordance with 45

C.F.R. Section 164.524;
(vi) Make available Protected Health Information for amendment and

incorporate any amendments to Protected Health Information in
accordance with 45 C.F.R. Section 164.526;
(vii) Make available the information required to provide an accounting of

disclosures in accordance with 45 C.F.R. Section 164.528;
(viii) Make its internal practices, books and records relating to the use and
disclosure of Protected Health Information received from the Plan
available to the Secretary of Health and Human Services for purposes of
determining compliance with subpart E of 45 C.F.R. Section 164;
(ix) If feasible, return or destroy all Protected Health Information received

from the Plan that the Plan Sponsor still maintains in any form and retain
no copies of such information when no longer needed for the purpose for
which disclosure was made, except that, if such return or destruction is not
feasible, limit further uses and disclosures to those purposes that make the
return or destruction of the information infeasible; and
(x) Ensure that the adequate separation between the Plan and the Plan Sponsor
that is required under 45 C.F.R. Section 164.504(f)(2)(iii) is satisfied.
Section 17.01(E) - Disclosures of Summary Health Information and Enrollment and

Disenrollment Information to Plan Sponsor: The Plan, or a health insurance issuer or
HMO with respect to the Plan, may disclose summary health information (as defined
under 45 C.F.R. 164.504(a)) to the Plan Sponsor, if the Plan Sponsor requests the
summary health information for the purpose of (a) obtaining premium bids from health
plans for providing health insurance coverage under the Plan or (b) modifying, amending,
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or terminating the Plan. The Plan, or a health insurance issuer or HMO with respect to
the Plan, may disclose enrollment and disenrollment information to the Plan Sponsor.
Section 17.01(F) - Required Separation between Plan and Plan Sponsor: In accordance
with the requirements of 45 C.F.R. Section 164.504(f)(2)(iii) and Section 17.01(D)(x),
the following shall apply:
(i) Only the following Employees, or class of Employees, or other persons

under the control of the Plan Sponsor, shall be given access to the
Protected Health Information to be disclosed: the Plan Administrator, the
City of Irving’s Human Resources Manager for Benefits, and the City of
Irving’s Human Resources Specialist for Benefits.
(ii) The list specified above reflects the Employees, classes of Employees, or
other workforce members of the Plan Sponsor who receive Protected
Health Information relating to payment under, health care operations of, or
other matters pertaining to Plan administration functions that the Plan
Sponsor provides for the Plan. These individuals shall have access to
Protected Health Information solely to perform these identified functions,
and they will be subject to disciplinary action and/or sanctions for any use
or disclosure of Protected Health Information in violation of, or
noncompliance with, the provisions of this Article XVII.
(iii) The Plan Sponsor shall promptly report any breach, violation, or
noncompliance to the Plan and shall cooperate with the Plan to correct the
violation or noncompliance, to impose appropriate disciplinary action
and/or sanctions, and to mitigate any deleterious effect of the violation or
noncompliance.
Section 17.02 - Deemed to Comply with Required Laws and Regulations: Notwithstanding any
other provision of the Plan to the contrary, in the event a Federal, State or local law regulation
that affects the operation of the Plan and/or the benefit provided hereunder is enacted or
promulgated, the Plan shall be deemed to comply with such law or regulation to the extent
required.
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SIGNATURE
IN WITNESS WHEREOF, the City of Irving has caused this document to be duly executed in its
name and on behalf of its City Council thereunto duly authorized to be effective as of January 1,
2010.
CITY OF IRVING
the “Employer”
By: ____________________________________
Title: ___________________________________
ATTEST:
_______________________________________
City Secretary
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3099

Recommending Department: City Attorney’s Office LSR No: N/A
Resolution -- Approving Settlement of a Lawsuit with Chenequa S. Bibles,

et al.
2. Impact: The Settlement Agreement, if authorized, would resolve the lawsuit.
3. This case was mediated on November 9, 2009.
4. The proposed settlement was reviewed and recommended by the City of Irving
Claims Board.
Recommendation
Contract Required: Yes Review Completed By: Saul Pedregon
.

6750-1252-58001-8711 Budget: $479,000.00 Actual: $479,000.00
Prepared: 11/17/2009 09:38 AM by Christine McCullough
Last Updated: 11/20/2009 12:36 PM by Donna Madderra
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached mediation agreement in
Chenequa S. Bibles, et al. v. the City of Irving, et al., Civil Action No. 3-08CV1795-M,
in the amount of $479,000.00, and the Mayor is authorized to execute any and all
settlement documents upon approval of the City Attorney’s Office.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3014

Recommending Department: Capital Improvement Program LSR No: 10278
Resolution -- Approving an Engineering Services Agreement with Alpha

Testing for the Annual Geotechnical Engineering and Construction
Materials Testing and Inspection Contract
projects.
40%.
6. The funding for the testing will be included in each project’s bid.
Recommendation
Contract Required: Yes Review Completed By: Kuruvilla Oommen
Previous Action: RES-2009-403 Council Action: Authority to Negotiate
.
ATTACHMENTS:
Alpha Testing Agmt (PDF)

None
Prepared: 10/15/2009 02:19 PM by Lana King
Last Updated: 11/23/2009 09:59 AM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached engineering services agreement
between the City of Irving and Alpha Testing for professional construction materials
and geotechnical engineering laboratory services in relation to Capital Improvement
Program projects, and the Mayor is authorized to execute said agreement.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Alpha Testing Agmt (3014 : 19 Agmt Alpha Testing for Geotech & Mat Testing)
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3015

Resolution -- Approving an Engineering Services Agreement with

CTL/Thompson Texas, LLC for the Annual Geotechnical Engineering and
Construction Materials Testing and Inspection Contract
projects.
35%.
6. Funding for the testing is included in each project’s bid.
Recommendation
Previous Action: RES-2009-403 Council Action: Authority to Negotiate
.
ATTACHMENTS:
CTL Thompson Testing Agmt (PDF)

None
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached engineering services agreement
between the City of Irving and CTL/Thompson Texas, LLC, for professional
construction materials and geotechnical engineering laboratory services in relation to
Capital Improvement Program projects, and the Mayor is authorized to execute said
agreement.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: CTL Thompson Testing Agmt (3015 : 19 Agmt CTL/Thompson for Geotech & Mat Testing)
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3116

Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding a Contract to JDK Associates, Inc., for Campion

Trails Extension - Twin Wells Park to Trinity View Park Project
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: This contract extends Campion Trails 1.5 miles north from Twin Wells Park
into Trinity View Park for a total of 3.5 miles of primary trail in the Southern Section
of Campion Trail.
3. This project includes 7,145 linear feet of 12’ wide concrete primary trail, one (1) 90
linear foot pedestrian bridge, five (5) low flow pedestrian crossings, four (4) paver
crosswalks, park benches, and trash receptacles.
4. Bids were received from thirteen (13) bidders with the lowest responsive and
responsible bidder being JDK Associates, Inc., with a base bid amount of
$895,180.61.
5. Staff recommends increasing bid items #3 and #4 to provide an additional 550
linear feet of primary trail in Trinity View Park to extend the primary trail to the park’s
north property line for $25,268.20.
6. Staff recommends accepting Add Alternate A-1 to replace 2,750 linear feet of
broken asphalt along the Singleton Road right-of-way with 5” thick concrete to
match the rest of the primary trail for $118,552.50.
7. Staff recommends award of the base bid, increase in the amount of bid items #3
and #4, and Add Alternate A-1, for a total amount of $1,039,001.31 to JDK
Associates, Inc., which is $460,998.69 under budget.
8. This project is fully funded through a grant from the Dallas County Trail and
Preserve Program.
9. Funding in the amount of $1,039,001.31 is available in the Park Improvement Bond
Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
On Friday, November 13, 2009, bids were received for Campion Trails Extension – Twin
Wells Park to Trinity View Park Project. Following is a tabulation of bids received:
1. JDK Associates, Inc. $ 895,180.61 180 Working Days
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2. Cole Construction $ 946,268.00 180 Working Days

3. Irricon $ 985,960.10 180 Working Days
4. Omega Construction $1,124,175.45 180 Working Days
5. Northstar Construction $1,128,061.00 180 Working Days
6. Humphrey & Morton $1,137,296.10 180 Working Days
7. Jeske Construction $1,154,307.00 180 Working Days
8. Riverway Constructors $1,316,035.50 180 Working Days
9. DCI Contracting $1,781,085.00 180 Working Days
10. Ratliff Construction $1,176,379.89 180 Working Days
11. Texas Standard Construction $1,301,192.00 180 Working Days
12. GreenScaping $1,289,784.64 180 Working Days
13. Ed A. Wilson $1,777,165.00 180 Working Days

4007-0732-72001-901010 Budget: $1,039,001.31 Actual: $1,039,001.31
P0184264
Prepared: 11/18/2009 10:41 AM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of JDK Associates, Inc.,
in the amount of $1,039,001.31 for Campion Trails Extension – Twin Wells Park to
Trinity View Park Project and awards the contract to said company in said amount
and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3100

Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Oncor Electric Delivery Company, LLC, for the
Undergrounding of Overhead Electric Facilities at the Irving Arts Center
1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,
2. Impact: The undergrounding of electric facilities at the Irving Arts Center will
provide for a more reliable power source in inclement weather, and will enhance
visual appearance by eliminating pole clutter and the need for future tree trimming.
Recommendation
.

4001-1902-77010-909021 Budget: $235,448.53 Actual: $235,448.53
Last Updated: 11/19/2009 02:53 PM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached discretionary service agreement
between the City of Irving and Oncor Electric Delivery Company, LLC, for
undergrounding of electric facilities at the Irving Arts Center in an amount not to
exceed $235,448.53, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Oncor DSA for Irving Arts Center (3100 : 19 DSA Agmt Oncor for Irving Arts Center)
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Attachment: Oncor DSA for Irving Arts Center - map (3100 : 19 DSA Agmt Oncor for Irving Arts Center)
16
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3103

Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Verizon for the Undergrounding of Overhead
Telecommunication Facilities at the Irving Arts Center
2. Impact: The undergrounding of telecommunication facilities at the Irving Arts
Center will provide for a more reliable telecommunication source in inclement
weather, and will enhance visual appearance by eliminating pole clutter and the
need for future tree trimming.
Recommendation
.
ATTACHMENTS:
Verizon DSA for Irving Arts Center (PDF)

4001-1902-77010-909021 Budget: $143,438.80 Actual: $143,438.80
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached discretionary service agreement
between the City of Irving and Verizon for undergrounding of telecommunication
facilities at the Irving Arts Center in an amount not to exceed $143,438.80, and the
Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Verizon DSA for Irving Arts Center (3103 : 19 DSA Agmt Verizon for Irving Arts Center)
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3107

Resolution -- Annulling the Contract with ForceCon Services, LLC and

Awarding a Contract to Concrete Paver Systems for MacArthur Boulevard
Lighting Infrastructure, Median, and Landscape Improvements - Metker
Street to Northgate Drive Project
1. This item supports Strategic Goal No. 9: Infrastructure and No. 10: Environmentally
Sustainable Community.
2. Impact: These improvements enhance the visual appearance and infrastructure
reliability along the MacArthur corridor.
ForceCon Services, LLC and awarding the contract to Concrete Paver Systems, the
next lowest responsive bidder in the amount of $437,150.00. An additional
$4,400.00 is needed for testing, bringing the total cost of the project to $441,550.00.
5. This award to the next lowest responsive bidder establishes a contractor to install
the necessary conduit to allow for utility service lines to be relocated underground.
6. Minority- and/or Women-owned Business (M/WBE) participation in this award is
8%.
Fund.
Recommendation
Previous Action: RES-2009-480 Council Action: Award to ForceCon
.
On Friday, October 2, 2009, bids were received for MacArthur Boulevard Lighting
Infrastructure, Median, and Landscape Improvements Project – Metker Street to Northgate
Drive. Following is a tabulation of bids received:
1. ForceCon Services, LLC. $418,275.80 100 Working Days

2. Concrete Paver Systems $437,150.00 100 Working Days
3. Cole Construction $438,170.00 100 Working Days
4. C. Green Scaping, LP $483,130.00 100 Working Days
5. Texas Environmental $617,725.94 100 Working Days
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ATTACHMENTS:
MacArthur Lighting Drawing (PDF)

4005-1902-71802-909048 Budget: $256,650.00 Actual: $256,650.00
4005-1902-75701-909048 Budget: $180,500.00 Actual: $180,500.00
P0184261
Last Updated: 11/23/2009 04:40 PM by Belinda Rowlett
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CITY OF IRVING
WHEREAS, ForceCon Services, LLC, was awarded a contract by the City Council by the
adoption of Resolution No. RES-2009-480 for MacArthur Boulevard Lighting Infrastructure, Median,
and Landscape Improvements – Metker Street to Northgate Drive Project; and
WHEREAS, ForceCon Services, LLC, failed to provide the necessary bonds within the time
stipulated in the terms of the City’s standard contract;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby annuls the award to ForceCon Services, LLC, for
MacArthur Boulevard Lighting Infrastructure, Median, and Landscape
Improvements – Metker Street to Northgate Drive Project
SECTION II. THAT the City Council hereby approves and accepts the bid of Concrete Paver
Systems in the amount of $437,150.00 for MacArthur Boulevard Lighting
Infrastructure, Median, and Landscape Improvements – Metker Street to Northgate
Drive Project and awards the contract to said company in said amount and authorizes
the Mayor to execute said contract.
SECTION III. THAT $4,400.00 is hereby approved and authorized for testing to be performed by
the City of Irving’s contracted testing firm.
SECTION IV. THAT this expenditure shall be charged to Account No. 4005-1902-71802-909048 in
the amount of $256,650.00, and Account No. 4005-1902-75701-909048 in the
amount of $180,500.00 for a total amount of $441,550.00.
SECTION V. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: MacArthur Lighting Drawing (3107 : 19 Annul & Awd for MacArthur Blvd Lighting)
18
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3110

Resolution -- Annulling a Contract with ForceCon Services, LLC and

Awarding a Contract to Mid-America Texas, Inc., for the Sub-Surface Utility
Exploration (Potholing) Annual Contract
2. Impact: This annual contract is utilized to locate existing underground facilities
related to proposed Capital Improvement Program projects.
ForceCon Services, LLC and awarding the contract to Mid-America Texas, Inc., the
second best value for the services proposed.
5. This contract will expire on December 2, 2010, and is eligible for a one-year
renewal.
6. Funding will be provided from various budgeted maintenance or construction project
accounts on an as needed basis.
Recommendation
Previous Action: RES-2009-481 Council Action: Award to ForceCon
.
On September 25, 2009, bids were received for the Sub-Surface Utility Exploration
(Potholing) Annual Contract. Following are vendors that submitted bids that were evaluated:
1. ForceCon Services, LLC

2. Mid-America of Texas, Inc.
3. Mastec North American, Inc.

None
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CITY OF IRVING
WHEREAS, ForceCon Services, LLC, was awarded a contract by the City Council by the
adoption of Resolution No. RES-2009-481 for Sub-Surface Utility Exploration (Potholing) Annual
Contract; and
WHEREAS, ForceCon Services, LLC, failed to provide the necessary bonds within the time
stipulated in the terms of the City’s standard contract;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby annuls the award to ForceCon Services, LLC, for
Sub-Surface Utility Exploration (Potholing) Annual Contract.
SECTION II. THAT the City Council hereby approves and accepts the bid of Mid-America of
Texas, Inc., for the Sub-Surface Utility Exploration (Potholing) Annual Contract and
awards the contract to said company and authorizes the Mayor to execute any
necessary contract.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3058

Resolution -- Approving Emergency Repairs to Dry Branch (Irving Mall

Drainage Channel)
2. Impact: The Dry Branch concrete channel lining upstream of the Irving Mall was
deteriorating quickly and had to be stabilized. If quick and decisive action had not
been taken, this large amount of broken concrete lining could have been swept
downstream under an existing mall bridge, under the Irving Mall, and under SH 183
and could have created extensive damage.
3. This emergency project includes removing and replacing 1,124 square yards of
collapsed concrete channel lining together with all associated appurtenances to
complete the project at the concrete drainage channel on the north side of Irving
Mall.
4. Three quotes were received, with V.A. Construction, Inc. being the lowest bid.
5. Minority- and/or Women-owned Business (M/WBE) participation is 100%.
6. Funding in the amount of $131,783.56 is available in the Municipal Drainage Utility
Fund.
Recommendation
Contract Required: Yes Review Completed By: Marivi Gambini
.
Three bids were received. They are as follows:
1. V.A. Construction, Inc. $134,455.00

2. Muniz Construction, Inc. $178,475.00
3. SYB Construction Company, Inc. $224,070.50
ATTACHMENTS:
Est. No. 5 and Final Emerg Repair (PDF)
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5041-4120-71601-909055 Budget: $134,455.00 Actual: $131,783.56
P0182168
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CITY OF IRVING
WHEREAS, the existing condition of a drainage channel in close proximity to State Highway
183 presents an imminent risk to city-owned drainage structures; and
WHEREAS, procurement of repair services for the drainage channel is necessary to preserve
the public health and safety of the city’s residents;

IRVING, TEXAS:
Irving and V.A. Construction, Inc., for emergency repair services to the Irving Mall
drainage channel in an amount not to exceed $131,783.56, and the Mayor is
authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Est. No. 5 and Final Emerg Repair (3058 : 19 Emergency Repairs Irv Mall Drainage Channel)
20
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3117

Resolution -- Approving Change Order No. 1 to EMJ Corporation for West

Irving Aquatic Center Project
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: The addition of this second slide flume will provide additional
recreational opportunities at the aquatic center.
3. This change order creates a cost savings of $86,200.00. Change Order No. 1
provides for the installation of a second slide flume and pump system to include
all materials, parts, and labor for complete installation of the second slide flume
at the West Irving Aquatic Center. Bid Alternate No. 4 of the original bid
provided for a second slide flume and pump at a cost of $176,200.00. This
alternate was not accepted.
4. Funding in the amount of $90,000.00 is available in the Park Improvement Bond
Fund.
Recommendation
Previous Action: RES-2009-317 Council Action: Award of Contract
.
1. On July 23, 2009, the City Council awarded the West Irving Aquatic Center Project to
EMJ Corporation in the amount of $4,020,800.00. This contract provided for the
construction of an outdoor aquatic facility in west Irving. The project design included a
zero entry pool, lap pool, toddler’s pool, bath house, concessions and office, two tower
slides, shade structures, and parking lots.
2. Change Order No. 1 adds $90,000.00 to the existing contract amount of $4,020,800.00
bringing the new contract amount to $4,110,800.00
ATTACHMENTS:
CO#1 West Irving Aquatic Center (PDF)
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4007-0732-72001-908044 Budget: $90,000.00 Actual: $90,000.00
P0182218
Prepared: 11/18/2009 10:41 AM by Kay Corrales
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves Change Order No. 1 to the contract with
EMJ Corporation in the amount of $90,000.00 for West Irving Aquatic Center, and
the Mayor is authorized to execute the attached Change Order.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: CO#1 West Irving Aquatic Center (3117 : 19 CO1 to EMJ for West Irving Aquatic)
21
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3108

Recommending Department: Public Works & Transportation LSR No: 10258
Resolution -- Authorizing the Mayor to Execute an Agreement with Oncor

Electric Delivery Company LLC, for Las Colinas Underground Duct Bank
Utilities
2. Impact: This agreement will allow the cooperative completion of the Las Colinas
underground project and the commitment to maintain this standard.
3. The City of Irving will contract for the installation the duct bank. Oncor will install
wires and appurtenances.
4. This contracting method saved in excess of $2.0 million by minimizing taxes and
administration fees.
5. Funding will be brought forward with each separate project.
Recommendation
ATTACHMENTS:
Oncor Electric Facilities (PDF)

None
Prepared: 11/17/2009 01:10 PM by Sheila Garcia
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CITY OF IRVING
Irving and Oncor Electric Delivery Company LLC for installation of the underground
duct bank in the Las Colinas area and the Mayor is authorized to execute said
agreement.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Oncor Electric Facilities (3108 : 21 Agmt Oncor Electric Facilities)
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3102

Resolution -- Authorizing the Mayor to Execute a Memorandum of

Understanding with the Las Colinas Association For Burying Overhead
Utilities in Las Colinas
2. Impact: This Memorandum of Understanding allows cost participation (35%) of the
Las Colinas Association in the cooperative completion of the Las Colinas area utility
undergrounding project.
3. No Funding required.
Recommendation
.
ATTACHMENTS:
Las Colinas Memorandum Of Understanding (PDF)

None
Prepared: 11/17/2009 10:03 AM by Sheila Garcia
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached memorandum of understanding
between the City of Irving and The Las Colinas Association for the burying of
overhead utilities in Las Colinas, and the Mayor is authorized to execute said
agreement.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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:\1EMORANDUM OF UNDERSTANDING
BETWEEN
THE LAS COLINAS ASSOCIATION
Attachment: Las Colinas Memorandum Of Understanding (3102 : 21 Agmt With Las Colinas Assoc. Duct Bank)
AND
THE CITY OF IRVING, TEXAS
This }.temoranctum of Understanding sets forth the intentions and proposals of

The Las CoEnas Association ("TLCA") 311d the City of Irving, Texas ("'Irving")
concerning the burying of overhead utilities within the boundaries of Las Colinas
(Exhibit "A"') and morc specifically ""Hmo the geographieal area that encompasses the
projects identiried in Exhibit "B" ("Projects").
The terms and conditions outlined in the Menmrandum are intended solely as a
basis for nlTther discussion Jnd arc not intended to be and do not constitute a legally
binding obligation on either party. TIle proposed terms and conditions include, but are
not limited to, the following:
I. ILeA and hving desire to take steps to iosun: that all utilities, incJudi.ng
those allowed by the Public Utility Conunission to be placed overbead, are placed
underground within the hOllndaries of Las Colinas.
2. Irving intends to enter into a contract with ONCOR, or third party

contractor(s), for the installation of underground duct systems and wire for those projects
identified in Exhibit "B".
a. TIle actual cost of the Projects, not including taxes and franchise
fees, is projected to be approximately $17,43],854.00.
b. ILeA agrees to pay 35 percent (35%) of the actual cost.
I) 33.33 percent (113) of the actual cost
2) $350,000 towards the franchise fee
c. Reeovery of any Project costs from developers accrues to Irving.
3. All financing of the Projects will be through the City of Irving, Texas.
a. 'fleA agrees to pay 33.33% of the servicing of bond obligations
or other suitable financing means acceptable to Irving and TLCA.
1) ILeA's annual payment cannot exceed the proceeds of 1
cent of the TLCA' s annual assessment as detennined on May 111 of the year in which a
payment is due.
1) ILCA's annual payment is to be !nade on or about
September 1'[ of the year in which payment is due.
4. In:ing will enter into an agreement \\'ith O~COR that insures ONCOR's
commitmcnt to not ereet any overhead utilities within Las Colinas (Exhibit "A"l.
.5. It is understood and agreed that this Memorandum constitutes a statement

of the mutual intentions of the pa:1ies with rt:specl to the proposed transaction, does not
·.IE\1l)RA:~DL~1 Llr L\DlRSTA'DD:G Packet Pg. 345

JET\VEE~ THE LAS CQlNASASSOCL.\TJON
'_'D r:--rE enY OF lR\r.,G, TEXAS
22.a
contain all maners upon which agreement must be reached in order for the proposed
transaction to be consummated, and creates no binding rights in favor of any party. A
b:inding commitment with respect to the transaction will result only jf defInitive
agreements are executed and delivered, and then subject only to the term5 and conditions
thercin.
G. The Memorandum constitutes the entire understanding to date between the

parties, and all other agreements or understandings, whether oral or wrinen, which may
have been in effect ou or before the date hereof are hereby superseded in their entirety.
This letter is merely an expression of the intent of the parties with respect to the Projects,
and is nut intended to be binding upon either Irving or ILeA. It shall be and remain
Vvi-thin the sole discretion of each party whether or not to enter into a contract and neithcr
party shall have any liability for failing to do so.
7. By signature bela\\', the parties acknowledge their intentions and proposals

,"1th respect to this transaction, and each party represents that it will proceed in good faith
to consununate the transaction.
THE LAS COUNAS ASSOCIATION
Date: By: ~-=-=~~~ _
Ethan R. (Rick) Bidne
President
THE CITY OF IRVING
Date: By:
Herbert A. Gears
Mayor
'; ;;:\10R .\~DI i'vl C'F l ~·DERSTi\SO[>:G .'1ge 2 of ~
'3ET\IiEE~ THE LAS COL~AS ,'ISSOClA-;-ION
Packet Pg. 346

.\\D THECnY Dc IRVI"G. TEXAS _
22.a
EXHIBIT ••A"
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i~""".--,-
Supplamentary Declaration Map

Man::h 2DDS
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23
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3105

Resolution -- Authorizing the Mayor to Execute an Agreement with Hines

Las Colinas Land Limited Partnership for the Design, Construction, and
Installation of Underground Utilities Within the Project Area
2. Impact: This is a key element of the overall program to underground all utilities in
the Las Colinas area.
3. Hines Las Colinas Land Limited Partnership owns property adjacent to the
proposed duct bank system.
4. Hines Las Colinas Land Limited Partnership has agreed to pay 30% of the cost of
this project adjacent to their land.
5. No funding required.
Recommendation
ATTACHMENTS:
Hines Las Colinas (PDF)

None
Prepared: 11/17/2009 10:50 AM by Sheila Garcia
Packet Pg. 349

23
CITY OF IRVING

Irving and Hines Las Colinas Land Limited Partnership for the design, construction,
and installation of underground utilities within Riverside Village, and the Mayor is
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 350

23.a
PROJECT FUNDING AGREEMENT
This PROJECT FUNDING AGREEMENT (this "Agreement") is made as of October ~ 2009

(lhe "Effective Dat."), by HINES LAS COLINAS LAND LIMITED PARTNERSHIP, a Texas limited
partnership ("Hines"), and the CITY OF IRVING, TEXAS. a municipal corporation (the "City").
RECITALS:
A. Hines is the owner and developer of (i) Riverside Village (the "Riverside Village"), a
Attachment: Hines Las Colinas (3105 : 21 Project Funding Agmt - Hines Las Colinas)
residential planned community and an addition to the City cflrving, Texas, according to
the amended plat thereof recorded in Clerk's No. 20080328475 of the Plat Reeords of
Dallas County. TeXJ:lS, and (ii) The Lakes of Las Colinas (the "The Lakes of Las
Colio8ll"). a residential planned community and an addition to rhe City of Irving, Texas,
according to the amended plat thereof recorded in Clerk's No. 20080382638 of the Plat
Records of Dallas County, Texas~
B. Hines and the City desire to take steps to insure that all utilities within Riverside Village
(the "Project Area"). including those allowed by the Public Utility Commission of Texas
to be placed overhead, are placed underground;
C. The City will benefit from the removal of all exisring overhead utilities within the Project
Area and the design, construction and installation of underground utilities systems within
the Project Area (the "Project") through the enhanced value of the Project Area; and
D. Hines and the City desire to execute this Agreement to evidence their agreement with
respeet to the payment of the costs to be incurred in connection with the Pl"Ojeet.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficieney of which are hereby acknowledged, Hines and the City have
agreed as follows:
l. Project. Hines and the City acknowledge and agree that both parties desire to undertake and will
benefit from the Projeet. In that regard, Hines and the City agree to cooperate with each other to
agree upon the terms upon which tht: Project will be undertaken (the "Project Terms"),
including, withoul limitation, the terms relating to (i) the removal of the existing overhead
utilities within the Project Area, (ii) the design, construction and installation of the underground
utilities systems within the Project .Area. (iii) the amicipated construction schedule for the Project,
and (iv) the third party contractors to be engaged in connection therewith. This Agreement is
expressly subject to the condition that commencement of construction of the Project occurs on or
hefore June 30, 20 to.
2. Project Contractors. Hines and the City acknowledge and agree that, as of the Effective Date, the
City intends to enter into a contract with Oncor (the "Qncor"), and/or other third
party conrraetor(s) reasonably agreeable to the City (Oneor and any such other contractors being
herein collectively, the "Contractors"), for rhe installation of underground utilities for the
Project. In addition, the City intends to enter into an agreement with Oucor that pursuant to
which Oncor agrces not to erect any additional overhead utilities with the Project at any time
following completion ofthe Project.
509895000001 DALtAS 2~40541J

Packet Pg. 351
23.a
3. Project Costs. Hines and the City estimate that the costs that will be incurred in connection with
the Project will be approximately $2,205,750 (the "Project Costs"). The Project Costs include
all costs that will be incurred in connection with the Project. including all costs related to: (i) the
removal of the existing overhead utilities within the Project Area (including, without limitation,
the removal of all overhead poles and wires), (ij) the design, construction and installation of the
underground utilities systems within the Project Area (including, without limitation, any design,
survey and/or construction management fees), and (iii) any fees payable to the Contractors
engaged in connection with the Project; provided, however, that notwithstanding anything in this
Agreement to the contrary, Project Costs expressly cxclude any taxes, franchise fees or similar
assessments incurred in connection with or related to the Project.
4. Allocation of Project Costs. The City agrees to pay, prior to delinquency, all of the Project Costs
to the Contractors as they are incurred. Hines will be responsible for thirty percent (30%) of the
Project Costs ("Hioes' Share of Projed Costs"). The City agrees (i) within thirty (30) days
after the end of each month prior to the completion of the Project, to forward to Hines a monthly
accounting reflecting the Project Costs incurred by the City in connection with the Project during
tile prior month; and (ii) within sixty (60) days following the completion of the Project, to
forward to Hines (a) an invoice (with no mark-up by the City) equal [0 Hines' Share of Project
Costs, and (b) a fInal accounting showing in reasonable delail aU Project Costs actually incurred
by the City in cormection with the Project
5. Repayment of Hines' Share ofPmjeet Costs. Hines and the City agree that Hines will pay Hines'
Share of Project Costs to the City, in full, no later than March 1,2014. However. Hines and the
City acknowledge and agree that Hines may remit Hines' Share of Project Costs 10 the City in
annual installments paid from the proceeds that Hines receives from the initial conveyance of
each of the Remaining Lots in Riverside Village and The Lakes of Las Colinas. as follows:
a. Commencing on the Effective Date, Hines agrees to allocate $1,250 from the proceeds
Hines receives from the initial conveyance of each Remaining Lot in Riverside Villagc
and The Lakes of Las Colmas to the repayment of Hines' Share of Project Costs (the
"Allocated Proceeds").
b. On or before August lit of each year during the term of this Agreement, Hines will remit
to the City all Allocated Proceeds collected by Hines from Hines' conveyances of
Remaining Lots between July I" of the prior year and June 301l> of the current year:
provided, however, that, with respect to the payment to be made by Hines on or before
August 1,2010, Hines will only remit to the City all Allocated Proceeds collected by
Hines from Hines' conveyances of Remaining Lots between the Effective Date and June
30,2010.
c. Notwithstanding anything in this Section 5 to the contrary, to the extent Hines has not
paid Hines' Share of Project Costs to the City, in full, by the annual payment to be made
by Hines on August 1,2013, then Hines will pay the remaining balance of Hines' Share
of Project Costs to the City by a lump sum payment no later than March I, 2014.
d. As used in this Agreement, "Remainiog Lots" means the lots owned by Hines in
Riverside Village and The Lakes of Las Colinas as of the Effective Date. Hines lind the
City acknowledge and agrec that, as of the Effective Date, Hines owns (i) 316 Remaining
Lots in Riverside Village, and (ii) 229 Remaining Lots in The Lakes of Las Colinas.
509895000001 DALLAS 2540541.3 2

Packet Pg. 352
23.a
6. Assignment. Neither Hines nor the City may assign or otherwise transfer all or any portion of its
interest in this Agreement.
7. Notices. Any notice provided for in or pennitted under this Agreement shall be made in writing,
and may be given or served by (i) delivering the same in person or by facsimile transmission to
the party to be notified, or (ii) depositing the same in the United States mail, postage prepaid.
registered or cenified with renJrn receipt requested, and addressed to the party to be notified at
the address herein specified, or (iii) by depositing same wirh a reputable overnight courier
service. If notice is deposited in the United States mail pursuant to clause (ii) of this Section 7, it
will be effective from and after the day it is recei\;ed by the addressee or receipt thereof is refused
by the addressee. unless such day is not a business day, and then it shall be deemed received on
the next business day. Notice given in any other manner shall be effective only if and when
received by the party to be notified unless the day it is received is not a business day, and then it
shall be deemed received on the next business day. For the purpose of notice, the address of the
party shall be, until changed as hereinafter provided for, as follows:
lfto Hines: Hines Las Colinas Land Limited Partnership

cia Hines Interests Limited Partnership
717 Texas Avenue, Suite 1550
Houston, Texas 77002
Attention: Mark Cover
Fax No. (713) 237-5657
Email: Mark_Co...·er@hines.com
With a copy to: Hines las Colinas Land Limited Partnership

2200 Ross Avenue, Suite 4200W
Dallas, Texas 75101
Attention: Rob Witte
Telephone: (972)716-2925
Fax: (972) 934-1460
E-Mail: Rob_Witte@hines.com
If to the City:
or 10 such other address as a party may specify in a written notice to the other party in accordance
with this Section 7. Each party shall ha...·e the right from time to lime and at any time to change
its respecti..'e address and each shall have the right to specify as its address any other address by
alleast fifteen (15) days' written notice to the other party.
8. [Jooks and Records. The City shall maintain a complete and detailed set of financial books,
records and accounts relating to the Project. Hines, upon prior notice, shall ha...·e access to such
financial books, records and accounts at all reasonable times during regular business hours, and
Hines and its repre~nta(ives may inspect, duplicate and/or lludit such financial records at any
time at Hines' cost.
509895 000001 DALLAS 2540541 J 3

Packet Pg. 353
23.a
9. Authority. Each party represents to the other that it has the power and authority to enter into this
Agreement and that the person executing on its behalf has the power to do so and to bind it to the
tenns of this Agreement.
10. Entire Agreement; Amendments; Governing Law. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof and supersedes all prior
and contemporaneous agreements and negotiations with respect thereto. This Agreement may be
amended only by a written instrument signed by both parties. This Agreement shall be governed
by the laws of the State of Texas.
ll. Severability. If any provision in this Agreement is held to be unenforceable, the remainder of this
Agreement shall continue in full force and effect and, to the extent pennitted by law, this
Agreement shall be interpreted so as to give effect to the original written intent of the parties. If
any portion of a provision is held to be unenforceahle, the remainder shall be enforc·ed to the
maximum extent so as fO give effect to the original written intent of the parties.
12. Attorney Fees. If Hines or the City obtains ajudgment against the other with respect to a dispute
arising under to this Agreement, reasonable attornt:ys' fees and costs as fixed by the court shall be
included in the judgment.
13. Multiple Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original of this Agreement but all of which, taken together, shall constitute one and the
same agreement.
14. HeAdings. All headings herein are inserted only for convenience and ease of reference and are
not to be considered in the construction or interpretation of any provision of this Agreement.
15. No Waiver. The waiver of any of the tenns and conditions of this Agreement on any occasion or
occasions shall not be deemed as waiver of such terms and conditions on any future occasion. No
waiver shall be implied by any isolated or repeated action or non-action. To be effective, any
waiver must be in writing executed by the party to be bound thereby.
16. No Partnership. Nothing contained in this Agreement shall be construed to make Hines and the
City partners or joint venturers or to render either party liable for the debts or obligations of the
other.
17. Limitation on Recourse. Notwithstanding anything to the contrary contained in this Agreement
or in any document related hereto, the City's recourse against Hines with respect to any obliga
tion, responsibility, undertaking, duty or liability of any kind or nature under or in connection
with this Agreement or any other related agreement or transaction, whether liquidated, unliqui
dated, claimed, or adjudged, is limited to the assets of Hines as an entity, and no geneml or
limited partner comprising Hines or any other person or entity whatsoever has any liability
whatsoever, direct, indirect, contingent, or otherwise, in connextion therewith.
18. Holidays. Etc. Whenever any time limit or date provided herein falls on a Saturday, Sunday, or
legal holiday under the laws of the State of Texas or on a day when federal banks are closed, then
that date is extended to the next day that is not a Saturday, Sunday, or legal holiday or a day when
federal banks are closed.
5t9895 (l{}(I{)(\\ DALU.S 254C5-l1 ,3 -I

Packet Pg. 354
23.a
19. No Third Party Beneficiaries. The provisions of this Agreement are for the exclusive benefit of
the parties hereto and their permitted successors and assigns and are not for the benefit of any
other person or entity.
20. Further Assurances. Each party agrees to execute, acknowledge, deliver, file, record and publish
such further instruments and documents, and do all such other acts and things as may be required
by law, or as may be required to carry out the purposes and intent of this Agreement.
[Remainder of Page Intentionally Left Blaok.]
509&95 000001 DAlLAS 254{)541.3 5 Packet Pg. 355

23.a
IN WITNESS WHEROF, this Agreement is executed to be effective as of the date fIrst above written.
HINES LAS COLINAS LAND LIMITED

PARTNERSHIP, a Texas limited partnership
By: Hines Las Colinas Land GP LLC.
a Delaware limited pwtnership,
its General Partner
By: Hines Interests Limited Partnership,

a Delaware limited partnership,
its sole Member
By: Hines Holding, Inc.,

a Texas corporation,
its General Partner
By: ~_.~~~~~ _
Name: Clayton C. Elliott
Title: Senior Vice President
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on October __ 2009, by Clayton Elliot, the Senior Vice
President of Hines Holdings, Inc., the General Partner of Hines Interests Limited Partnership, the sole
member of Hines Las Colinas Land GP LLC. the General Partner of Hines Las Colinas Land Limited
Partnership, a Texas limited partnership, on behalf of said corporation, limited liability company and
limited partnerships.
Signature of NotaI)' Public
[ Personalized Notary Seal]
509895000001 DALLAS 2540~41.3

6 Packet Pg. 356
23.a
CITY OF aWING
Name:
Title: ------------~---
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on October __ 2009, by _~~~ __' the
of the City of Irving, Texa"i, a municipal corporation. on behalf of saki
corporation.
Signature afNotary Public
( Personalized Not.ary Seal]
509895 000001 DALLAS 2540541.3 7

Packet Pg. 357
23.a
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City of Irving
PROPOSED
RIVERSIDE
CONTRACTED
SUBSTATION
AREA
Note:
The City is responsible for all engineering plans
{approved by ONCORj, and the installation of all
Duct Systems {owned by ONCORj within the
Contracted Area.
\
,., I
City of Irving- "Master" Contracted Area

LAS COLINAS
-Underground Facilities- SUBSTATION
-Master Area includes Back Bone System Feeders "'Only"'
"Facilities on private property and levy crossings may be excluded Rev. #4
4-15-09
> Packet Pg. 358
23.a
PROJECT
The Project for the Project Area includes the following:
• Construction of approximately 2,240 IF of BEG underground, concrete encased duct

along SH 161 Frontage Road from las Calinas Boulevard to the west side of Riverside
Drive;
• Construction of 6E6 crossing of Riverside Drive;
• Construction of BEG crossing of las Colinas Boulevard;
• Construction of approximately 2,750 LF of 8E6/6E6 underground, concrete encased duct
along Riverside Drive from SH 161 Frontage Road to the south side of La Villita
Boulevard;
• Construction of 6E6 crossing of La Villita Boulevard;
• Construction of two 8E6 crossings of Riverside Drive near the TXU substation;
• Removal of existing overhead poles and wire; and
• QNCOR costs related to installation of underground cable and equipment.
Packet Pg. 359

24
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3087

Resolution -- Authorizing the Mayor to Execute an Advanced Funding

Boulevard Project
2. Impact: The grade separation project will greatly enhance access to the Urban
Center and the Convention Center.
3. TxDOT is providing the construction funds for this roadway construction project.
4. These utility lines are located within TxDOT right-of-way, and the City is fully
responsible for the relocation.
3. Funding in the amount of $584,223.78 is available in the Sanitary Sewer Bond
Fund.
Recommendation
ATTACHMENTS:
Spur 348 Grade Separation at Las Colinas Blvd (PDF)

5412-3271-71401-909036 Budget: $584,223.78 Actual: $584,223.78
Packet Pg. 360

24
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached advance funding agreement
between the City of Irving and the State of Texas, acting by and through the Texas
Department of Transportation, for the construction of a grade separation on Spur 348
at Las Colinas Boulevard, at a cost of $584,223.78, and the Mayor is authorized to
execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 361

24.a
CSJ # 0353-04·088
ROWlUtilities CSJ: 0353-04-091
District # 18
Code Chart 64 # 20600
Project #: C 353-4·88
Project SPUR 348
Attachment: Spur 348 Grade Separation at Las Colinas Blvd (3087 : 21 TxDOT Adv Fund Agmt Spur 348 Grade Separation)
Limits: at Las Colinas Boulevard
THE STATE OF TEXAS §

COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION
CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS
THIS AGREEMENT IS MADE BY AND BETWEEN the State ofTexas, acling through the Texas
Department of Transportation ("State") and the City of Irving ("Utility"),
WITNESSETH
WHEREAS, Transportation Code, Chapters 201,221,227 and 361, authorize the State to layout,
construct, maintain, and operate a system of streets, roads and highways that comprise the State
Highway System; and,
WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §227015,

Transportation Code, §203.092 authorize the State to regulate the placement of public utility
facilities along a stale highway; and,
WHEREAS, Texas Transportation Commission Minute Order Number 111854 authorizes the State
to undertake and complete a highway improvement generally described as the construction of
grade seoaration on Spur 348 at Las Colinas BOUlevard, in the Cily of Irving ("Project"); and,
WHEREAS, Utility possesses facilities that are affected by the abovementioned highway
improvement, and Utility and the State agree that it is more economical and/or efficient for such
relocation to be effected by inciuding said contract in the State's highway construction contract;
and,
NOW THEREFORE, in consideration of the premises and of the mutuai covenants and
agreernt::nts of the jJdrties hereto, to b,s by them kept and peiformed as hereafter set forth, th8
State and Utility do agree as follows:
AGREEMENT
Article 1. Time Period Covered

This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and Utility wiil consider it to be in full force and effect until
the Project described herein has been completed and accepted by all parties or unless terminated,
as hereinafter provided.
Page 1 of 10 Revised 09/23/2009

Packet Pg. 362
24.a
CSJ #: 0353-04-088
District # 18
Project #: C 3534-88
Project: SPUR 348
Article 2. Project Funding and Work Responsibilities

A. The State will authorize the performance of only those Project items of work which are
eligible for relocation reimbursements or for which Utility has requested and has agreed to
pay for as described in Attachment A - Payment Provision and Work Responsibilities, which
is attached to and made a part of this contract.
In addition to identifying those items of work to be paid for by payments to the State,
Attachment A - Payment Provision and Work Responsibilities, also spedfies those Project
items of work that are the responsibility of Utility and will be carried out and completed by
Utility, at no cost to the State.
B. If the Local Government will perform any work under this contract for which reimbursement
will be provided by or through the State, the Local Government must complete training
before a letter of authority is issued. Training is complete when at least one individual who
is working actively and directly on the Project successfully completes and receives a
certificate for the course entitled Local Government Project Procedures Qualification for the
Texas Department of Transportation. The Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may be an
employee of the Local Government or an employee of a firm that has been contracted by
the Local Government to perform oversight of the Project. The State in its discretion may
deny reimbursement if the Local Government has not designated a qualified individual to
oversee the Project.
C. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are
distributed to a Local Government, the Local Government must complete its Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC), as
required by OMS Circular A-133, and separately identify any ARRA expenditures for
Federal Awards.
D. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
Article 3. Termination
This agreement may be terminated in the following manner:
• by mutual written agreement and consent of both parties
• by either party upon the failure of the other party to fulfill the obligations set forth herein
• by the State if it determines that the performance of the Project or utility work is not in the
best interest of the State.
If the agreement is terminated in accordance with the above provisions, Utility will be responsible
for the payment of Project costs incurred by the State on behalf of Utility up to the time of
termination.
Page 2 of 10 Revised 0912312009

Packet Pg. 363
24.a
CSJ #; 0353-04-088
District # 18
Project #: C 353-4-88
Project: SPUR 348
Limits: at Las Colin as Boulevard
Article 4. Right of Access

If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized
representative access to the site to perform any activities required to execute the work.
Article 5. Adjustments Outside the Project Site

Utility will provide for all necessary right-of-way and utility adjustments needed for performance of
the work on sites not owned or to be acquired by the State.
Article 6. Responsibilities of the Parties and Indemnity

Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a
joint enterprise, and it is responsible for its own ads and deeds and for those of its agents or
employees during the performance of the work on the Project.
To the extent permitted by law, Utility agrees to indemnify and hold harmless the Slate, its agents
and employees, from all suits, actions or claims and from all liability and damages for any and all
injuries or damages sustained by any person or property in consequence with the performance of
design, construction, maintenance or operation of the utility facility. Such indemnity includes but is
not limited to any claims or amounts arising or recovered under the "Worker's Compensation Law",
the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other
applicable laws or regulations, all as time to time may be amended.
Article 7. Sole Agreement

In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between Utility and the State, the latest agreement shali take precedence over the
other agreements in matters related to the Project.
Article 8. Successors and Assigns

The State and Utility each binds itself, its successors, executors, assigns, and administrators to the
other party to this agreement and to the successors, executors, assigns, and administrators of
such other party in respect to all covenants of this agreement.
Article 9. Amendments
By mutual written consent of the parties, the scope of work and payment provisions of this
agreement may be amended prior to its expiration.
Article 10. Inspection and Conduct of Work
Unless otherwise specificalJy stated in Attachment A - Payment Provision and Work
Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder
and provide such engineering inspection and testing services as may be required to ensure that
the Project is accomplished in accordance with the approved plans 'and specifications. Ali
correspondence and instructions to the contractor performing the work will be the sale
responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all
work will be performed in accordance with the Utility Accommodation Rules as set forth in 43
Texas Administrative Code §21.31 et. seq. adopted by the State and incorporated herein by
reference, or special specifications approved by the State.
AFA-AFA_Utiiity Page 3 of 10 Revised 09/23/2009
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24.a
CSJ #, 0353-04-088
RO\\'lUtilities CSJ: 0353-04·092
Distriet # 18
Project #: C 353-4-88
Project: SPUR 348
Article 11. Maintenance

Upon completion of the Project. Utility will assume responsibility for the maintenance of the
completed utility facility unless otherwise specified in Attachment A to this agreement.
Article 12. Notices

All notices to either party by the other required under this agreement shall be delivered personally
or sent by certified or U.S. mail. postage prepaid or sent by electronic mail. (eiectronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties).
addressed to such party at the following addresses:
Utility: State:
City of Irving Texas Department of Transportation

Attention: Director of Public Works Attention: District Engineer
825 West Irving Boulevard 4777 East Highway 80
P.O. Box 152288 Mesquite. Texas 75150-6643
Irving. Texas 75015-2288
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice
of the change to the other party. Either party may request in writing that such notices shall be
delivered personally or by certified U.S. mail and such request shall be honored and carried out by
the other party.
Article 13. State Auditor's Provision

The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the State Auditor. under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds. An entity that is the
subject of an audit or investigation must provide the State AuditOi with access tc any ii"ifOi"iTiatior:
the State Auditor considers relevant to the investigation or audit.
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502.
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133.
Whenever ARRA,funds are used and the Local Government is performing any work, either directly
or through a contractor, it must comply with the following provisions. If a Local Government is
receiving ARRA funds. but is not performing any work. the following provisions apply. if
appropriate, and to the ex1ent necessary to comply with ARRA regulations,
In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to:

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24.a
CSJ #, 0353-04-088
ROWlUtilities CSJ: 0353-04·092
District # 18
Project #: C 353-4-88
Ptojeer: SPUR 348
a. examine any records of the contractor or any of its subcontractors, or any State or local
agency administering such contract, that directly pertain to. and involve transactions relating
to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or any State
or local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the
eXisting authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded
using covered funds, any representative of an appropriate inspector general appointed under
Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized'
a. to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to and
involve transactions relating to the contract, subcontract, grant, or subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
Section 1515(b) further provides that nothing in the section previousiy mentioned shall be
interpreted to limit or restrict in any way the eXisting authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm as well
as that of all of its subcontractors. The Contractor, similarly, shall include this reporting
requirement in all of its subcontracts. Failing to include the requirement in agreements with
subcontractors can serve as grounds for contract termination.
Form FHWA-1589, Monthiy Employment Report, promuigated by the Federal Highway

Administration (FHWA), captures the necessary monthly empioyment information and shall be
submitted by the Contractor on a regular basis to the LG (Local Government). It is the
responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and,
the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the
fOrm. The LG shal: €iiSUie that this fOim is submitted by the L.G to the State according to the
policies and at the direction of the State.
In order to meet any other FHWA and ARRA reporting requirements, the LG shall proVide to the
State all information requested by the State, including data or information in possession of
contractors and subcontractors for completing other necessary reporting forms, and the information
shall be submitted in the manner required and according to all due dates as set by the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority
to examine the records of the contractor, subcontractor, or local agency relating to the project at
any time.
AFA-AFA_Utility Page 5 of 10 Revised 0912312009

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CSJ #: 0353-04-088
ROWfUtilities CSJ: 0353·04-092
Dismc! # 18
Project #: C 353-4-88
Project: SPUR 348
Article 14. Debarment Certifications

The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." By executing this
agreement, the Local Government certifies that it is not currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under
Executive Order 12549. The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive Federal funds and,
when requested by the State. to furnish a copy of the certification.
Article 15. Signatory Warranty

The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the party they represent.
IN WITNESS WHEREOF. THE STATE AND THE UTILITY have executed duplicate counterparts
to effectuate this agreement.
FOR UTILITY - CITY OF IRVING THE STATE OF TEXAS
Approved as to Legal Form: Executed for the Executive Director and approved
for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out
By: =--,-,,--- _ the orders, established policies or work programs
City Attorney heretofore approved and authorized by the
Texas Transportation Commission.
By: -----::c-----:-----
Signature By:_,----,----_,----,-------=-= _
William L. Hale, P.E
District Engineer, Dallas District
PrintedfTyped Name Texas Department of Tra:!sportation
Dale: _
PrintedfTyped Title
Date: _
AITEST:
By: _
Date: _
AFA-AFA_Utility Page 6 of 10 Revised 09/23/2009

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CSJ " 0353-04-088

ROWlUtilities CSJ: 0353-04~092
District # 18
Project If: C 353-4~88
Project: SPUR 348
ATTACHMENT A
Payment Provision
and Work Responsibilities
Description of the Work Items

The parties agree that the existing water and wastewater line shall be relocated and adjustments
shall be made along SPUR 348 at Las Colinas Boulevard. in the City of Irving. The water and
wastewater facilities shall be owned, operated, and maintained by Utility from and after completion
and final acceptance by the State and Utility. The estimated total construction cost for the
relocated and adjusted facilities is $584.223.78. The parties agree that it is their intent to complete
the relocation improvements within this estimate of cost.
Actual Cost Agreement

Utility will be responsible for paying all costs associated with the planning. specification, and
estimate (PS&E) development, and construction of the proposed utility work to the extent such is
not reimbursed pursuant to state law. All the costs associated with construction of the water and
wastewater items for the Project shall be provided as defined under the Standard Utility
Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed
between the State and Utility, which are attached to and made a part of this contract.
Schedule of Payments
At least forty five (45) days prior to the date set for receipt of the construction bids, the Utility shall
remit its remaining financial share for the State's estimated construction oversight and construction
costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated
Project utility construction costs. The amount to be advanced for the utility improvements is
estimated to be $584.223.78. (See Attachment B - Estimated Utility Costs)
In the event the State determines that additional funding is required by the Utility at any time during
the Project, the State will notify the Utility in writing. The Utility is responsible for 100% of the
authorized project cost and any overruns. The Utility will make payment to the State within thirty
(30) days from receipt of the State's written notification.
Whenever funds are paid by the Utility to the State under this agreement, the Utility will remit a
warrant made payable to the "Texas Department of Transportation Trust Fund." The warrant will be
deposlled by the State in an escrow account to be managed by the State. Until the final project
accounting, funds in the escrow account may only be applied by the State to the Project.
Upon compietion of the Project, the State will perform an audit of the Project costs. Any funds due
by the Utility, the State, or the Federal Government will be promptly paid by the owing party.
Work Responsibilities
The Utility shall provide the following services under this contract:
Page 7 of 10 Revised 09123/2009

Packet Pg. 368
24.a
CSJ #: 0353-04-088
District # 18
Project #: C 353-4-88
Project: SPUR 348
• Responsible for engaging the services of a Texas Registered Professional Engineer to prepare
drawings and technical specifications for waterline relocations and adjustments along SPUR
348 at Las Colinas Boulevard.
Utility will provide the plans and specificalions to the State to include in the current pianning
specifications and estimate package being prepared by representatives of TxD01's Northwest
Area Office.
• Secure all necessary permitting as may be required for the installation of the water and
wastewater line.
• Arrange and coordinate with the contractor, through the State, materials and equipment testing,
rejection of all work not conforming to minimum requirements of the construction contract
documents, maintenance of the proposed water and wastewater line during construction, and
the relocation of water and wastewater line and connection of services to customers.
• Advise the State of work that Utility determines should be corrected or rejected.
• Arrange, observe, and inspect all acceptance testing and notify the State of the results of these
activities.
• Provide inspection services for the construction, notify the State of defects and deficiencies in
the work, and observe actions of the contractor to correct such defects and deficiencies.
• Assume all responsibility for the maintenance of the eXisting water and wastewater line during
and upon completion of the construction contract.
• Ensure all Texas Commission on Environmental Quality (TCEQ) and all other regulatory rules,
regulations and laws are strictly adhered to.
• Prepare and submit both a certificate of substantial completion and a list of observed items
requiring completion or correction for the relocations and adjustments to the Project Engineer
for his concurrence.
• Utility agrees thai all construction activities performed by Utility's staff for the relocations and
adjustments will be coordinated through the Project Engineer.
The State shall provide the following services under this contract:
• Combine the water and wastewater reiocation and adjustment pians with the plans being
prepared for the Project.
• Review and approve the final construction plans prior to any construction-related activities. In
order to ensure federal and/or state funding eligibility, projects must be authorized by the State
prior to advertising for construction.
• Advertise for construction bids, issue bid proposals, receive and tabulate the bids and award
and administer the contract for construction of the Project.
• Negotiate and administer all field changes and change orders required for the Project. All
change orders increasing construction costs for Utility's Project shall be submitted to Utility for
review and approval together with an evaluation. Utility agrees to review and either approve or
disapprove all change orders within five (5) business days after receipt of such order unless
Utility Board's approval is necessary in Which case Utility shall bring the item to Utility Board as
soon as reasonably possible.
Packet Pg. 369
24.a
CSJ #: 0353-D4-088
ROW/Utilities CSJ: 0353-04-092
District # 18
Project #: C 353-4-88
Project: SPUR 348
• Provide overall project management to supervise the day-ta-day activities of the construction
and monitor the activities of the contractor to promote the timely and efficient completion of the
Project in accordance with the approved Plans and Specifications and construction schedule.
• Conduct field observations and coordinate with Utility's inspectors and the contractor to cure
defects and deficiencies in the construction prior to final acceptance.
• Make timely payment to the contractor for work performed in connection with the Project.
• Ensure access and permit Utility's inspectors and other authorized representatives to inspect
the waterline construction at all times.
• Conduct and coordinate final inspection of the Project in the presence of Utility's Engineer and
Inspector, transmit final list of items to be completed or repaired and observe contractor
correction of same.
• Maintain job file. ,
AFA-AFA_Ulility Page 9 of 10 Revised 09/23/2009

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CSJ #: 0353·04-088
ROWfUtilities CSJ: 0353-04-092

DIstrict # 18
Project #: C 353-4-88
Project: SPUR 348
ATTACHMENT B
Estimated Utility Costs
Based on the various calculations, the following are those amounts due and payable for the
Utility's costs associated with this project.
Descri otio" Amount
Total Estimated Costs $512,477.00

Less Betterment Amount Due from Utility $0
Amount of Total Utility Relocation Costs $512,477.00
Estimated Amount Eligible for Reimbursement - (calculated eligibility ratio- N/A%) $0
(See Attachment C for breakdown and calculation)
Amount of Utility Adjustment Due from Utility $512,477.00
Right of Way - Contribution of Funds to the State
(Participation - Estimated N/A% of Estimated Amount Eligible for Reimbursement)

$0
Estimated Amount to be included in Construction Agreement:
A. Betterment $0
B. Utility Adjustment - (non-reimbursable items) $512,477.00
Mobilization (10% of Construction) $51,247,70
Engineering and Contingency (4% of Construction) $20,499.08
-------------------------------------------------------------------------------------..----------------- --~--_.~._~~~--~
TOTAL DUE TO STATE FROM UTILITY $584,223.78

Betterment Ratio Calculation - NIA
Estimated Betterment Costs - N/A
1.
2.
Betterment Calculation:
Tota! Cost of 8€tterment (Estimated) I
Total Cost of Project (Estimated) $0
Betterment Percentage for Final Cost determination: $0
N/A % of Final Cost of relocation
De/ermination of Betterment: Comparison of estimated cost to

replace "as is" versus estimated costs associated with the betterment
/lemA: N/A
ltemB: NIA
II

Packet Pg. 371
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16" WATER MAIN RELOGATION AT SPUR 348 (NORTHWEST HIGHWAY) AND LAS GOLINAS BOULEVARD
ITEM SPEC DESCRIPTION QTY UNIT UNIT PRICE TOTAL

34-02 15060 16" PVC Class 150 Pipe for Water Main 1043 L.F. $ 170.00 $177,310.00
34-03 15101 16" Butterflv Valve & Manhole 2 EA. $ 7,000.00 $ 14,000.00
34-04 15060 12" PVC Class 150 for Water Main 101 L.F. $ 100.00 $ 10,100.00
34-05 15101 12" Gate Valve & Box 1 EA $ 4,000.00 $ 4,000.00
34-06 15101 8" Gate Valve & Box 1 EA. $ 2,500.00 $ 2,500.00
34-07 15086 Air and Vacuum Release Valve and Assembly 1 EA $ 5,000.00 $ 5,000.00
34-08 2200 Trench, Embedment, Backfill for 16" Water Main 1043 LF. $ 25.00 $ 26,075.00
34-09 2400 Trench Safety 1043 LF. $ 5.00 $ 5,215.00
34-10 2225 30" Steel Encasement by open cut 341 LF. $ 275.00 $ 93,775.00
34-11 15060 Fittinas 10 TON $ 500.00 $ 5,000.00
34-12 15065 Wet Connection 3 EA $ 3,500.00 $ 10,500.00
34-13 15044 16" Water Line Abandonment & Grouting 513 LF. $ 16.00 $ 8,20800
34-14 15044 12" Water Line Abandonment & Groutina 827 LF. $ 12.00 $ 9,924.00
34-15 15044 8" Water Line Abandonment & Groutina 220 LF. $ 800 $ 1,760.00
34-16 15045 6" & 8" Asbestos Cement Pipe Removal and Disposal 203 LF. $ 50.00 $ 10,15000
34-17 15045 12" Asbestos Cement Pioe Removal and DisDosal 1941 LF. $ 60.00 $ 116,46000
34-18 15044 Valve and Stack Removal & Abandonment 7 EA $ 25000 $ 1,75000
34-19 2300 Utilitv Markings 1 LS $ 1,00000 $ 1,000.00
34-20 2601 8" Concrete Remove & ReDlace' 115 SV $ 65.00 $ 7,475.00
34-21 2601 Asphalt Remove & Replace 35 SV $ 65.00 $ 2,275.00
Total $ 512,477.00
10/23/20094:17 PM
Packet Pg. 372

25
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3084

Resolution -- Authorizing the Mayor to Execute an Agreement with the

Texas Department of Transportation to Contribute Funds to Acquire Right
of Way and Adjust Utilities for Highway Project on State Highway Spur 348
at Las Colinas Boulevard
2. Impact: This project will greatly enhance access to the Urban Center and the
Irving Convention Center.
3. TxDOT is grade separating the intersection of Spur 348 and Las Colinas Boulevard.
4. Right-of-way and utility adjustments are required for the project and City
participation is required.
5. This project will begin construction in Spring 2010.
6. Funding in the amount of $250,000.00 is available in the Non Bond CIP Fund.
Recommendation
ATTACHMENTS:
Spur 348 at Las Colinas Blvd (PDF)

4001-1902-77009-905014, Budget: $250,000.00 Actual: $250,000.00
Packet Pg. 373

25
CITY OF IRVING

Irving and the State of Texas, acting by and through the Texas Department of
Transportation, whereby the City agrees to contribute an amount equal to 10 percent
of the estimated $2,500,000 total cost of acquiring right of way and relocating or
adjusting utilities for the State Highway Spur 183 at Las Colinas Boulevard Highway
Project, and the Mayor is authorized to execute said agreement.
SECTION II. THAT the City’s 10 percent contribution is estimated to be $250,000 and shall be
charged to Account No. 4001-1902-77009-905014.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 374

25.a
-=*
•..
~-'-'
,
.'
['arm ROW-RM-129
Repla,e, Farm ROW-RM-129 and ROW-RM-130
(Re". bflOIJ6J
GSD·E.PC
Page I of2
AGREEMENT TO CONTRIBUTE FUNDS· LOCAL GOVERNMENT
County: Dallas Federal Project No: ROW CSJ No: 0353-04-092

Distnct: Dallas Highway: Spur 348
Attachment: Spur 348 at Las Colinas Blvd (3084 : 21 TxDOT Agmt to Contribute Spur 348)
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, and the City of Irving, Texas, acting by and through its duly
authorized officials pursuant to an Ordinance OT Order dated the _ _ day of _ _' hereinafter
called the Local Government, shall be effective on 'he date of approval and execution by and on behalf of the
State.
WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire
right of way and adjust utilities for a highway project on Highway No. Spur 348 with the following project limits:
From; at Las Colinas Blvd, in Irving
To: ; and
WHEREAS, the Local G<Jvernment requests that the State assume responsibility for acquisition of all
necessary right of way and adjustment of utilities for said highway projeet; and
WHEREAS, the Local G<Jvernment desires to voluntarily contribute to the State funding participation as
defined in 43 TAC, § 15.55 for the cost of aequiring said right of way and relocating or adjusting utilities for the
proper improvement of the State Highway System;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be denved
therefrom, the Local Government shall contribute [0 the State an amount equal to ten percent (l 0%) of the cost
of the right of way to be acquired by the State and shall transmit to thc State with the return of this agreement,
duly executed by the Local Government, a warrant or check in the amount of Two Hundred Fifty Thousand and
001l 00 Dollars ($250,000.00), which represents ten percent (10%) of Two Million Five Hundred Thousand and
OOltOO Dollars ($2,500,000.00), the estimated total cost of the right of way. Ifhowever, it is found that this
amount is insufficient to pay the Local Government':!! obligation, then the Local Government will withm thirty
(30) days after receipt of a written request from the State for additional funds, transmit to the State such
supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean
the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners
for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities.
Volhenever funds are paid by the Loeal Government to the State under this agreement, the Local Government
shall remit a warrant or check madc payable to the "Texas Department of Transportation Trust Fund." The
warrant or check shall be deposited by the State in an escrow aceount to be managed by the State. Funds in the
escrow aeeount may only be applied to this highway project Upon eompletion of the highway project and in the
event the total amount as paid by the Local Government is more than ten percent (10%) of the actual cost of the
right of way, any excess amount will be returned to the Local Government by the State, or Upon written request
of the Local Government, the excess amount may be applied to other State highway projects in which thc Local
Government is participating.
In the event any existing, future, or proposed Local Government ordinance, conunisslOners court order, rule,
policy, or other dIrective, including, but not limited to, outdoor advertising or storm water drainage facility
Packet Pg. 375
25.a
I'Qrm ROW·RM·129
(Re, (/lUOo)
Page ~ 012
reqUIrements, is more restrictive than State or federal regulations, or any other locally proposed change,
including, but not limited to, plats or re·plats, results in any increased costs to the State, then the Local
Government will pay one hundred percent (100%) of all such increased costs, even if the applicable county
qualifies as an economieally disadvantaged eounty. The amount of the increased costs associated with the
existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other
directive will be determined by the State at its sole diseretion.
The Local Government shall maintain all books, papers, accounting records and other documentation relating to
Attachment: Spur 348 at Las Colinas Blvd (3084 : 21 TxDOT Agmt to Contribute Spur 348)
costs ineurred under this agreement and shall make sueh materials available to the State and, if federally funded,
the Federal Highway Administration (FHW A) or their duly authorized representatives for review and inspection
at its office during the contract period and for four (4) years from the date of completion of work defined under
this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and
thcir duly authorized representatives shall have access to all the governmental records that arc directly applicable
to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor
may eonduct an audit or investigation of any entity receiving funds from the State directly under this agreement
or indirectly through a subcontraet under this agreement. Acceptance of flUlds directly under this agreement or
indirectly through a subcontract lUlder this agreement acts as acceptance of the authority of the State auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to
any information the state auditor considers relevant to the investigation or audit.
THE LOCAL GOVERNMENT EXECUTION RECOMMENDED:

City of Irving
Approved as to Form:
Charles R. Anderlion
City Attorney William L. Hale, P.E., Dallas District Engineer
By: Date: _
City Attorney
Date: _
Herbert Gears THE STATE OF TEXAS

Mayor
Executed and approved for the Texas Transportation
By,_-,-;- _ Commission for the pwpose and effect of activating
Mayor and/or carrying out the orders, established policies or
work programs heretofore approved and authorized
Date: _ by the Texas Transportation Commission
By, ---;-;-::--0:---:--00-::-:=----
John P. Campbell, P.E.
Right of Way Division Director
Date: _
Packet Pg. 376

26
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3088

Resolution -- Authorizing the Mayor to Execute an Advanced Funding

Boulevard (Power Duct System)
2. Impact: This agreement allows the completion of the underground duct bank
system crossing Spur 348 with the TxDOT overpass project.
Fund.
Recommendation
ATTACHMENTS:
Spur 348 Grade Separation at Las Colinas Blvd Duct Bank (PDF)

4005-2111-71801-905014 Budget: $77,994.24 Actual: $77,994.24
Packet Pg. 377

26
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached advance funding agreement
Department of Transportation, for the construction of a grade separation (duct bank)
on Spur 348 at Las Colinas Boulevard, at a cost of $77,994.24, and the Mayor is
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 378

26.a
CSJ #: 0353-04-088
ROW /Utilities CSJ: 0353-04-092
District # 18
Project #: C 353-4·88
Attachment: Spur 348 Grade Separation at Las Colinas Blvd Duct Bank (3088 : 21 Adv Fund Spur 348 (Power Duct System))
Project: SPUR 348

COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION
CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas
Department of Transportation ("State") and the City of Irving ("Utility"),
WITNESSETH
WHEREAS, Transportation Code, Chapters 201,221,227 and 361, authorize the State to layout,
construct, maintain, and operate a system of streets, roads and highways that comprise the State
Highway System; and,
WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §227.015,
Transportation Code, §203.092 authorize the State to regulate the placement of public utility
facilities along a state highway; and,
WHEREAS, Texas Transportation Commission Minute Order Number 111854 authorizes the State
to undertake and complete a highway improvement generally described as the construction of
grade separation on Spur 348 at Las Colinas Boulevard, in the City of Irving ("Project"); and,
WHEREAS, Utility possesses facilities that are affected by the abovementioned highway
improvement, and Utility and the State agree that it is more economical and/or efficient for such
relocation to be effected by including said contract in the State's highway construction contract;
and,
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the
State and Utility do agree as follows:
AGREEMENT
Article 1, Time Period Covered
This agreement becomes effective when signed by the last party whose signin\L~ the
agreement fully executed, and the State and Utility will consme.' i~~.lIUilrr;fOr.Plf,n~ effect until
the Project described herein has been completed and accepte~~rall pa}tle,vo'~~"Jes~terminated,
as hereinafter provided. '~\l':: --;J .
.- ...
Packet Pg. 379

26.a
CSJ #, 0353-04-088
District # 18
Project #: C 353-4-88
Project: SPUR 348
Article 2. Project Funding and Work Responsibilities

A. The State will authorize the performance of only those Project items of work which are
eligible for relocation reimbursements or for which Utility has requested and has agreed to
pay for as described in Attachment A - Payment Provision and Work Responsibilities, which
is attached to and made a part of this contract.
In addition to identifying those items of work to be paid for by payments to the State,
Attachment A - Payment Provision and Work Responsibilities, also specifies those Project
items of work that are the responsibility of Utility and will be carried out and completed by
Utility, at no cost to the State.
B. If the Local Government will perform any work under this contract for which reimbursement
will be provided by or through the State, the Local Government must complete training
before a letter of authority is issued. Training is complete when at least one individual who
is working actively and directly on the Project successfully completes and receives a
certificate for the course entitled Local Government Project Procedures Qualification for the
Texas Department of Transportation. The Local Government shall provide the certificate ot
qualitication to the State. The individual who receives the training certificate may be an
employee of the Local Government or an employee of a firm that has been contracted by
the Local Government to perform oversight of the Project. The State in its discretion may
deny reimbursement if the Local Government has not designated a qualified individual to
oversee the Project.
C. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are
distributed to a Local Government, the Local Government must complete its Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC), as
required by OMB Circular A-133, and separately identify any ARRA expenditures for
Federal Awards.
D. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
Article 3. Termination
This agreement may be terminated in the following manner:
• by mutual written agreement and consent of both parties

• by either party upon the failure of the other party to fulfill the obligations set forth herein
• by the State if it determines that the performance of the Project or utility work is not in the
best interest of the State.
If the agreement is terminated in accordance with the above provisions, Utility will be responsible
for the payment of Project costs incurred by the State on behalt of Utility up to the time of
termination.
AFA-AFA_Ulilily Page 2 ot 10 Revised 07/10/2009

Packet Pg. 380
26.a
CSJ #; 0353-04-088
District # 18
Project #: C 353-4-88
Project: SPUR 348
Article 4. Right of Access

If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized
representative access to the site to perform any activities required to execute the work.
Article 5. Adjustments Outside the Project Site

Utility will provide for all necessary right-of-way and utility adjustments needed for performance of
the work on sites not owned or to be acquired by the State.
Article 6. Responsibilities of the Parties and Indemnity

Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a
joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or
employees during the performance of the work on the Project.
To the extent penmitted by law, Utility agrees to indemnify and hold harmless the State, its agents
and employees, from all suits, actions or claims and from all liabiiily and damages for any and all
injuries or damages sustained by any person or property in consequence with the performance of
design, construction, maintenance or operation of the utility facility. Such indemnity includes but is
not limited to any claims or amounts arising or recovered under the ''Worker's Compensation Law",
the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other
applicable laws or regulations, all as time to time may be amended.
Article 7. Sole Agreement

In the event the terms of the agreement are in conflict with the provisions of any other eXisting
agreements between Utility and the State, the latest agreement shali take precedence over the
other agreements in matters related to the Project.
Article 8. Successors and Assigns
The State and Utility each binds itself, its successors, executors, assigns, and administrators to the
other party to this agreement and to the successors, executors, assigns, and administrators of
such other party in respect to all covenants of this agreement.
Article 9. Amendments
By mutual written consent of the parties, the scope of work and payment provisions of this
agreement may be amended prior to its expiration.
Article 10. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A - Payment Provision and Work
Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder
and provide such engineering inspection and testing services as may be required to ensure that
the Project is accomplished in accordance with the approved plans and specifications. All
correspondence and instructions to the contractor performing the work will be the sole
responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all
work will be perfonmed in accordance with the Utility Accommodation Rules as set forth in 43

Packet Pg. 381
26.a
CSJ #: 0353-04-088 .
District # 18
Project#: C 353-4-88
Project: SPUR 348
Texas Administrative Code §21.31 et. seq. adopted by the State and incorporated herein by
reference, or special specifications approved by the State.
Article 11. Maintenance
Upon completion of the Project, Utility will assume responsibility for the maintenance of the
completed utility facility unless otherwise specified in Attachment A to this agreement.
Article 12. Notices
All notices to either party by the other required under this agreement shall be delivered personally
or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties),
addressed to such party at the following addresses:
Utilily: Slale:
City of Irving Texas Department of Transportation
Attention: Director of Public Works Attention: District Engineer
825 West Irving Boulevard 4777 East Highway 80
P.O. Box 152288 Mesquite, Texas 75150-6643
Irving, Texas 75015-2288
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice
of the change to the other party. Either party may request in writing that such notices shall be
delivered personally or by certified U.S. mail and such request shall be honored and carried out by
the other party.
Article 13. State Auditor's Provision
The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the State Auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds. An entity that is the
subject of an audit or investigation must provide the State Auditor with access to any information
the State Auditor considers relevant to the investigation or audit.
Whenever ARRA,funds are used and the Local Government is performing any work, either directiy
or through a contractor, it must comply with the following provisions. If a Local Government Is
receiving ARRA funds, but Is not performing any work, the following provisions apply, if
appropriate, and to the extent necessary to compiy with ARRA regulations.
In accordance with Section 902 of the ARRA, shouid this agreement involve the expenditure of
ARRA funds, then the US Comptroller General and its representatives shall have the authority to:

Packet Pg. 382
26.a
CSJ #: 0353-04-088
District # 18
Project #: C 353-4-88
Project: SPUR 348
a. examine any records of the contractor or any of its subcontractors, or any State or local
agency administering such contract, that directly pertain to, and involve transactions relating
to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or any State
or local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the
eXisting authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded
using covered funds, any representative of an appropriate inspector general appointed under
Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized:
3. to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to and
involve transactions relating to the contract, subcontract, grant, or subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
Section 1515(b) further provides that nothing in the section previously mentioned shall be
interpreted to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment infonmation for its finm as well
as that of all of its subcontractors. The Contractor. similarly, shall include this reporting
requirement in all of its subcontracts. Failing to include the requirement in agreements with
subcontractors can serve as grounds for contract termination.
Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway
Administration (FHWA), captures the necessary monthly employment information and shall be
submitted by the Contractor on a regular basis to the LG (Local Government). It is the
responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and,
the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the
form. The LG shall ensure that this fonm is submitted by the LG to the State according to the
policies and at the direction of the State.
In order to meet any other FHWA and ARRA reporting requirements, the LG shall prOVide to the
State all information requested by the State, including data or information in possession of
contractors and subcontractors for completing other necessary reporting forms, and the information
shall be submitted in the manner required and according to all due dates as set by the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority
to examine the records of the contractor, subcontractor, or local agency relating to the project at
any time.
Page 5 of 10 Packet Pg. 383

Revised 07/10/2009
26.a
CSJ #: 0353-04-088
District # 18
Project #: C 353-4-88
Project: SPUR 348
Article 14. Debarment Certifications

The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension:' By executing this
agreement. the [Contractor. Local Government, Engineer, or whatever] certifies that it is not
currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549. The parties to this contract shall require any
party to a subcontract or purchase order awarded under this contract to certify its eligibility to
receive Federal funds and, when requested by the State, to furnish a copy of the certification.
Article 15. Signatory Warranty

The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE UTILITY have executed duplicate counterparts
to effectuate this agreement.
FOR UTILITY - CITY OF IRVING THE STATE OF TEXAS
Approved as to Legal Form: Executed for the Executive Director and approved
for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out
By: - - - - - - = 0 : - : - ; : - - - -
the orders, established policies or work programs
City Attorney heretofore approved and authorized by the
Texas Transportation Commission,
By: ----0;'"---,-;--,-------
Signature By:_----,=_-;-:.,-;---;;--;:- _
William L. Hale, P.E.
District Engineer, Dallas District
PrintedfTyped Name Texas Department of Transportation
Date _
PrintedfTyped Title
Date: _
CITY OF IRVING, TEXAS
ATIEST:
By: - - - - - - - - - -
Herbert A. Gears
Date: _ Mayor

Packet Pg. 384
26.a
CSJ #: 0353-04-088
District # 18
Proja.:t #: C 353-4-88
Project: SPUR 348
ATTACHMENT A
Payment Provision
and Work Responsibilities
Description of the Work Items

The parties agree that the existing power duct system shall be relocated and adjustments shall be
made alon9 SPUR 348 at Las Colinas Boulevard, in the City of Irving. The power duct system
facilities shall be owned, operated. and maintained by Utility from and after completion and final
acceptance by the State and Utility. The estimated total construction cost for the relocated and
adjusted facilities is $77,994.24. The parties agree that it is their intent to complete the relocation
improvements within this estimate of cost.
Actual Cost Agreement
Utility will be responsible for paying all costs associated with the planning, specification, and
estimate (PS&E) deveiopment, and construction of the proposed utility work to the extent such is
not reimbursed pursuant to state law. All the costs associated with construction of the power duct
system items for the Project shall be provided as defined under the Standard Utility Agreement,
Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the
State and Utility, which are attached to and made a part of this contract.
Schedule of Payments
At least forty five (45) days prior to the date set for receipt of the construction bids, the Utility shall
remit its remaining financial share for the State's estimated construction oversight and construction
costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated
Project utility construction costs. The amount to be advanced for the utility improvements is
estimated to be $77,994.24. (See Attachment B - Estimated Utility Costs)
In the event the State determines that additional funding is required by the Utility at any time during
the Project, the State will notify the Utility in writing. The Utility is responsible for 100% of the
authorized project cost and any overruns. The Utility will make payment to the State within thirty
(30) days from receipt of the State's written notification.
Whenever funds are paid by the Utility to the State under this agreement, the Utiiity will remit a
warrant made payabie to the "Texas Department of Transportation Trust Fund." The warrant will be
deposited by the State in an escrow account to be managed by the State. Until the final project
accounting, funds in the escrow account may only be applied by the State to the Project.
Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due
by the Utility. the State, or the Federal Government will be promptly paid by the owing party.
AFA-AFA_Utilily Page 7 of 10 ReVised 07/10/2009

Packet Pg. 385
26.a
CSJ #: 0353-04-088
Distriet # 18
Project #: C 353-4-88
Project: SPUR 348
Work Responsibilities
The Utility shall provide the following services under this contract:
o Responsible for engaging the services of a Texas Registered Professional Engineer to prepare
drawings and technical specifications for power duct system relocations and adjustments along
SPUR 348 at Las Colinas Boulevard.
Utility will provide the plans and specifications to the State to include in the current planning
specifications and estimate package being prepared by representatives of TxDOT's Northwest
Area Office.
o Secure all necessary permitting as may be required for the installation of power duct system
line.
o Arrange and coordinate with the contractor, through the State, materials and equipment testing,
rejection of all work not conforming to minimum requirements of the construction contract
documents, maintenance of the proposed power duct system line during construction, and the
relocation of power duct system line and connection of services to customers.
o Advise the State of work that Utility determines should be corrected or rejected.
o Arrange, observe, and inspect all acceptance testing and notify the State of the results of these
activities.
o Provide inspection services for the construction, notify the State of defects and deficiencies in
the work, and observe actions of the contractor to correct such defects and deficiencies.
• Assume all responsibility for the maintena"i1ce of the existing power duct system line during and
upon completion of the construction contract.
o Ensure all Texas Commission on Environmental Quality (TCEQ) and all other regulatory rules,
regulations and laws are strictly adhered to.
o Prepare and submit both a certificate of substantial completion and a list of observed items
requiring completion or correction for the relocations and adjustments to the Project Engineer
for his concurrence.
o Utility agrees that all construction activities performed by Utility's staff for the relocations and
adjustments will be coordinated through the Project Engineer.
The State shall provide the following services under this contract:
o Combine the power duct system relocation and adjustment plans with the plans being prepared
for the Project.
• Review and approve the final construction plans prior to any construction-related activities. In
order to ensure federal andlor state funding eligibility, projects must be authorized by the State
prior to advertising for construction.
o Advertise for construction bids, issue bid proposals, receive and tabulate the bids and award
and administer the contract for construction of the Project.
o Negotiate and administer all field changes and change orders required for the Project. All
change orders increasing construction costs for Utility's Project shall be submitted to Utility for
AFA-AFA_Ulility Page 8 of 10 Packet Pg. 386

Revised 07/10/2009
26.a
CSJ #: 0353-04-088
ROWl1Jtilities CSJ: 0353-04-092
Distriet # 18
Project #: C 353-4-88
Project: SPUR 348
Limits: at Las Cotinas Boulevard
review and approval together with an evaluation. Utility agrees to review and either approve or
disapprove all change orders within five (5) business days after receipt of such order unless
Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as
soon as reasonably possible.
• Provide overall project management to supervise the day-to-day activities of the construction
and monitor the activities of the contractor to promote the timely and efficient completion of the
Project in accordance with the approved Plans and Specifications and construction schedule.
• Conduct field observations and coordinate with Utility's inspectors and the contractor to cure
defects and deficiencies in the construction prior to final acceptance.
• Make timely payment to the contractor for work performed in connection with the Project.
• Ensure access and permit Utility's inspectors and other authorized representatives to inspect
the power duct system construction at all times.
• Conduct and coordinate final inspection of the Project in the presence of Utility's Engineer and
Inspector, transmit final list of items to be completed or repaired and observe contractor
correction of same.
• Maintain job file.
Page g of 10 Packet Pg. 387

Revised 07/10/2009
26.a
CSJ #: 0353-04-088
District # 18
Project #: C 3534 88
M
Project: SPlJR 348

ATTACHMENT B
Estimated Utility Costs
Based on the various calculations, the following are those amounts due and payable for the
Utility's costs associated with this project.
DescriDtion Amount
Total Estimated Costs $68,416.00

Less Betterment Amount Due from Utility $0
Amount of Total Utility Relocation Costs $68,416,00
Estimated Amount Eligible for Reimbursement - (calculated eligibility ratio- NIA%) $0
(See Attachment C for breakdown and calculation)
Amount of Utility Adjustment Due from Utility $68,416.00
Right of Way Contribution of Funds to the State
(Participation - Estimated N/A% of Estimated Amount Eligible for Reimbursement) $0
Estimated Amount to be included in Construction Agreement:
A. Betterment $0
B. Utility Adjustment - (non-reimbursable items) $68,416.00
Mobilization (10% of Construction) $6,841.60
Engineering and Contingency (4% of Construction) $2,736.64
...
-~------------_ __.-------_.._._-----------------_..-----------.._._-----------.._._-
TOTAL DUE TO STATE FROM UTILITY
~-----~~.~-_._~
$77,994.24
Betterment Ratio Calculation N/A
Estimated Betlennent Costs N/A
1.
2.
Betterment Calculation:
Total Cost of Betterment (Estimated)
Total Cost of Project (Estimated) $0
Betterment Percentage for Final Cost determination: $0
N/A % of Final Cost of relocation
Determination of Bettermen/: Comparison of estimated cost to

replace "as is~ versus estimated costs associated with the bettermenl
Item A: NlA
Item B: N/A
AFA-AFA_Ulilily Page 100110 Packet Pg. 388

Revised 07/10/2009
27
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3086

Resolution -- Authorizing Mayor to Execute an Agreement with the Texas

Department of Transportation to Contribute Funds to Acquire Right of Way
and Adjust Utilities for Highway Project on State Highway 183 East of Loop
12
2. Impact: This agreement allows the final segment of right-of-way for the SH183
Project to be acquired.
3. TxDOT regulation requires the City to participate (10%) in the acquisition of right of
way for State Highways.
4. The acquisition of right of way will greatly enhance the likelihood of funding being
allocated for the ultimate construction.
Fund.
Recommendation
ATTACHMENTS:
SH183 ROW E. of TX Stadium (PDF)

4001-1902-77009-905014, Budget: $650,000 Actual: $650,000
Packet Pg. 389

27
CITY OF IRVING
Irving and the State of Texas, acting by and through the Texas Department of
Transportation, whereby the City agrees to contribute an amount equal to 10 percent
of the estimated $6,500,000 total cost of acquiring right of way and relocating or
adjusting utilities for the State Highway 183, East of Loop 12, Highway Project, and
the Mayor is authorized to execute said agreement.
SECTION II. THAT the City’s 10 percent contribution is estimated to be $650,000 and shall be
charged to Account No. 4001-1902-77009-905014.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 390

27.a
~
~-
fonn ROW-RM-129
Replaces Fonn ROW·RM·129 md. ROW.RM-IJO
(Rev. b/2lXXi)
GSP-EPC
P&~e I on
AGREEMENT TO CONTRIBUTE FUNDS· LOCAL GOVERNMENT
Attachment: SH183 ROW E. of TX Stadium (3086 : 21 TxDOT Agmt to Contribute SH183 E. of Loop 12)
County: Dallas Federal Project No: ROW CSJ No, 0094-07-037
District: Dallas Highway; SH 183 Const. CSJ No: 0094-07-015
This Agreement by and between the State of Texas. acting by and through the Texas Department of
Transportation, hereinafter caned the State, and the City of Irving, Texas, acting by and through its duly
authorized officials pursuant to an Ordinance or Order dated the _ _ day of ,20_, hereinafter
called the Local Government, shaii be effective on the date of approval and ~ec:ution by and on behalf of the
S£ate.
WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire
right of way and adjust utilities for a highway project on Highway No. SH 183 with the following project limits:
From: 1.0 Mi. E. of Loop 12
To: W. of III 35£; and
WHEREAS, the Local Government requests that the State assume responsibility for acqllisition of all
necessary right ofway and adjustment of utilities for said highway project; and
WHEREAS, the Lotal Government desires 10 vohmtarily contribute to tbe State funding participation as
defined in 43 TAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities fOT the
proper improvement of the State Highway System;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be dcrived
therefrom. the Local Government shall contribute to the State an amount equal to ten pereent (10%) of the cost
of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement,
duly ex.ecuted by the Local Government, a warrant or check in the amount of Six Hundred Fifty Thousand and
00/100 Dollars ($ 650,000.00), which represents ten percent (10%) of Six Million Five Hundred Thousand and
OOrlOO Dollars ($ 6,500,000.00), the estimated total cost of the right of way. Ifhowever, it is found that this
amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty
(30) days after receipt of a written request from the State for additional funds, trnrtsmit to the Stale such
supplemental amount as is requested. The cost ofproviding such right of way acquired b~ the State shan mean
the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners
for their property interests. plus costs related to the relocation, removal or adjustment of eligible utilities.
Whenever funds are paid by the Local Government to the State under this agreement, the Local Go\'ernment
shall remit a warrant or check made payable to the "Tex.as Department of Transportation Trust Fund." The
warrant or check shaH be deposited by the State in an escrow account to be managed by the: State. Funds in the
escrow account may only be applied to this highway project. Upon completion of the highway project and in the
event the total amount as pai.d by the Local Government is more then ten pereent (1 0%) of the actual cost of the
right ofway, any excess amount will be returned to the Local Government by the State, or upon written request
of the Local Government, the ex.cess amount may be applied to other State highway projects in whieh the Local
Government is participating.
In the event any existmg, future, or proposed Local Government ordinance, corrnnissioners court order, rule,
policy, Of other din:ctive, including, but not limited to, outdoor advertising or stonn water drainage facility
Packet Pg. 391
27.a
Form ROW.Jl,M·129
(Rev. 6/20(6)
Pag~ 2 of2
requirements, is more restrictive than State or federal regulations, or any other locall)' proposed change,
including, but not limited to, plats or re-plat~, results in any increased costs to the State, then the Local
Go"ernment wIll pay one hundred percent (100%) of all such increased costs, even if the applicable eounty
qualifies as an economically disadvantaged county. The amount of the increased costs associated with the
existing, future, or proposed Local Government ordinance, conunissioners i;Ourt order, rule, policy, or other
directive will be determined by the State at its sole discretion.
The Local Government shall maintain all books, papers, accounting records and other doeumentation relating to
costs incl.llTed under this agreement and shall make such materials available to the State and, if federally funded,
the Federal Highway Administration (FHW A) OT their duI)' authorized representatives for review and inspection
at its office during the contract period and for four (4) years from the date of completion of work defined under
thls agreement or until any impending litigation, or claims ate resolved. Additionally, the State and FHWA and
theIr duly authorized representatives shall have access to all the governmental records that are directly applicable
to this agreement for the pwpose of making audits. examinations, exeerpts, and transcriptions. The State auditor
may conduct an audit or inveiitigation of any entity receiving fund~ from 'the State directly under this agreement
Ot indirectly through a subcontract under thiii agreement. Acceptance of funds directly under this agreement or
indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor,
under the direction of the legislative audit committee, to conduct an audit or mvestigation in connection with
those funds. An entity that is the subject of an audit or investigation mllilt provide the state auditor with access to
any infonnalion the state auditor considers relevant to the investigation or audit.
THE LOCAL GOVERI'\MENT EXEClTION RECOMMENDED:
Approved as to ~'otm:
Charles R. Anderson
City Attorney William L. Hale, P.E.• Dallas District Engineer
By, _ _
City Attorney Date; ~ _
Date: _
Herbert (jears TIlE STATE OF TEXAS

Mayor
Executed and approved for the Texas Transportation
By: Commission fOI the pwpose and effect of activating
Mayor lllldIor canying out the orders, established policies or
work PJf1grams heretofore approved and authorized
Date: by the Texas TranspDrtation CorumissioD
ny, -~---c~--c~-=coc---
John P. Campbell, P.E.
Right of Way DivisioD Director
Da(e:_~ _ _~ _
Packet Pg. 392

27.a
02124/09 Outstanding Appraised Values

and Amount Paid
Right of Way CSJ: 0094-03-098
From: Story Road
To: O'Connor Road
Outstanding Appraised Values: $33,122,370,00 Total Amount Paid: \11,556,15677
Parcels Acquired: 30 Parcels Remaining: 57
Right of Way CSJ: 0094-03-099

From: O'Connor Road
To: Loop 12
Outstanding Appraieed Values: $14,710,504.00 Total Amount Paid; $26,342,005.00

Parcele Acquired: 29 Parcels Remaining: 28
Right otWay CSJ: 0094-03-100

From: TarranVDalias County Line
To: story Road
Outstanding Appraised Values: $41,206,807.00 Total Amount Paid: $11,661,058.00

Parcels Acquired: 18 Parcels Remaining: 79
Right otWay CSJ: 0581-02-115

From: Union Bower Road
To: IH 35E
Outstanding Appraised Valuee: $11,607,093.00 Total "mount Paid: $32,778,792.46

Parcels Acquired; 27 Parcels Remaining: 61
Packet Pg. 393

Page 1 of 1
27.a
Executed Agreement~
Based on 10% of estimated values
CSJ Amount Due Date Apprais.ed
0581-02-115 .$ 3,220,000 \/14105 Paid $ 44,385,885

0094-03-098 .$ 1,000,000 8115/08 Paid
.$ 1,500,000 8115/09 Due
.$ 900,000 8/15/10 Due .$ 45,278,526
0094-03-099 .$ ],000,000 8/]5/08 Paid
$ 1,000,000 8/15109 Due
$ ],000,000 8/15110 Due ,141,052,509
0094-03-100 .$ 1,000,000 8115108 Paid
.$ 1,000,000 8115110 Due $ 53,067,895
Total $11,620,000 $]83,784,815
100/C' of Difference in estimated values vs actual apprai1>ed vailles:

$ 18,378,481
- $ 11,620,000
.$ 6,758,481
These figures represent right of way only. Utility figures are not included.
Packet Pg. 394

28
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3109

Resolution -- Authorizing the Mayor to Execute a Standard Utility

Agreement with the Texas Department of Transportation for State Highway
114 East of Rochelle Boulevard to West of Tom Braniff
2. Impact: This project supports the completion of the DART Orange Line through the
relocation of utilities for the SH114 Project.
3. The agreement provides for the reimbursement to the city of eligible utility relocation
expenses and the payment of required city participation.
4. Funding in the amount of $806,999.23 is available in the Sanitary Sewer Non Bond
CIP Fund.
Recommendation
ATTACHMENTS:
SH 114 Standard Utility Contract (PDF)

5422-3251-71401-906046 Budget: $338,939.67 Actual: $338,939.67
5422-3251-75901-906046 Budget: $468,059.56 Actual: $468,059.56
Packet Pg. 395

28
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Standard Utility Agreement
Transportation Commission, for the adjustment, removal, and/or relocation of certain
City sanitary sewer lines and water lines adjacent to or crossing State Highway 114,
east of Rochelle Boulevard to west of Tom Braniff Drive, in the amount of
$806,999.23, and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 5422-3251-71401-906046 in
the amount of $338,939.67 and Account No. 5422-3251-75901-906046 in the amount
of $468,059.56.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 396

28.a
Form ROW·U·35
Rev, 1/2007
GSD·EPC
Paga 1
STANDARD UTILITY AGREEMENT
U-Number: 13082
District: Dallas County: Dallas
Federal Project No.: Highway: SH 114
ROW CSJ: 0353-06-051 From: East of Rochelle Blvd.
Attachment: SH 114 Standard Utility Contract (3109 : 21 Agmt SH114 Utility Agmt)
Highway Project Letting Date: 10/1/2008 To: West of Tom Braniff Drive
This Agreement by and between the State of Texas, acting by and through the Texas Transportation
Commission, ("State"), and City of Irving, ("Utility"), acting by and through its duly authorized representative,
shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS, the State has deemed it necessary to make certain highway improvements as designated by the
State and approved by the Federal Highway Administration within the limits of the highway as indicated above;
WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of
certain facilities of Utility as indicated in the following statement of work: Relocation of City of Irving water &
wastewater lines located within TXDOT Right of way and City of Irving Easements including facilities adjacent to
or crossing SH 114 from Station 945+00 to 995+20, These facilities are identified as "Sanitary Sewer Lines
1,2,3,8 & 9" and "Water lines 1,2,3, & e" ; and more specifically shown in Utility's plans, specifications and
estimated costs, which are attached hereto as Attachment "N,
WHEREAS, the State will participate in the costs of the adjustment, removal, and/or relocation of certain facilities
to the extent as may be eligible for State and/or Federal participation.
WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges Utility's interest in certain
lands and/or facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its
facilities located upon the lands as indicated in the statement of work above.
NOW, THEREFORE, BE IT AGREED:
The State will pay to Utility the costs Incurred in adjustment, removal, and/or relocation of Utility's facilities up to
the amount said costs may be eligible for State participation.
The State and Utility agree that all conduct under this agreement, including but not limited to the adjustment,
removal and relocation of the facility, the development and reimbursement of costs, any environmental
requirements, and retention of records will b" in accordance with 23 CFR 645, Subparts A & B and all other
applicable federal and state laws, rules and regulations Utility agrees to supply, upon request by the State,
proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of
construction,
The Utility agrees to develop relocation or adjustment costs by accumulating actual direct end related indirect
costs in accordance with a work order accounting procedure prescribed by State, or may, with the State's
approval, accumulate ectual direct and related indirect costs in accordance with an established accounting
procedure developed by Utility. Bills for work hereunder will be submitted to State not leter than eo days efter
completion of the work,
When requested, the Stats will make intermediate payments at not less than monthly intervals to Utility when
properly billed and such payments will not exceed 80 percent (80%) of the eligible cost as shown in each such
billing. In addition, the State will make a payment, before aUdit, which will bring the total percentage paid to the
Utility up to the 90% eligible cost. Intermediate peyments shall not be construed as final payment for any items
included in the intermediate payment.
Initial Dale
Packet Pg. 397

28.a
Form ROW-U-35
Rev, 112007
Page 2
Alternatively, State agrees to pay Utility an agreed lump sum of $N/A as supported by the attached estimatea'
costs, The State will, upon satisfactory completion of Ihe adjustments, removals, andlor relocations and upon
receipt of a final billing, make payment to Utility in the agreed amount.
Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to
perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion
date, The completion date shall be extended for delays caused by events outside Utility's control, including an
event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is
made or not), insurrection, riot, act of pUblic enemy, accident, fire, flood or other act of God, sabotage, or other
events, interference by the State or any other party with Utility's ability to proceed with the relocation, or any
other event in which Utility has exercised all due care in the prevention thereof so thatlhe causes or other events
are beyond the control and without the fault or negligence of Utility.
The State will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing
prepared in an approved form and manner, make payment in the amount of 90 percent (90%) of the el)gible costs
as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the
reimbursement amount found eligible for State reimbursement.
Unless an item below is stricken and Initialed by the Stata and Utility, this agreement in its entirety consists of
the following:
1. Standard Utility Agreement

2. Plans, Specifications, and Estimated Costs (Attachment "A");
3. Utility's Accounting Method (Attachment "B");
4. Utility's Schedule of Work and Estimated Date of Completion (Attachment "C");
5. Statement Covering Contract Work - ROW·U·48 {Attachment "0");
6, Eligibility Ratio (Attachments "F" & "F-1"):
7. Betterment Calculation and Estimates (Attachment "G");
8, Proof of Property Interest - ROW-U·1A, ROW-U~1 B, or ROW-U-1C (Attachment "Hot):
9. Inclusion in Highway Construction Contract (if applicable) (Attachment "I"); and

10. Utility Joint Use Acknowledgment - ROW -U-JUA (Attachment "E").
All attachments are included herein as if fully set forth. In the event it is determined that e substantial change
from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to
costs covered by a modification or amendment of this agreement or e written change or extra work order
approved by the State and Utility.
This agreement Is SUbject to cancellation by the State at any time up to the date that work under this agreement
has been authorized and that such cancellation will not create any liability on the part of the State.
The State Auditor may conduct an Budit or investigation of any entity receiving funds from the State directly under
this contract or Indirectly through a subcontract under this contract. Acceptance of funds directly under this
contract or indirectly through a SUbcontract under this contract acts as acceptance of the aulhorily of the State
Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection
with those funds. An entity Ihet is the subject of an audit or investigation must prov:'de the stete auditor with
access to any informetion the state auditor considers relevant to the investigation or audit.
The Utility by execution of this agreement does not waive any of the rights which Utility may have within the
limits of the law.
It is expressly understood that the Utlltty conducts the adjustment, removal, or relocetion at its own risk, and that
TxDOT makes no warranties or representations regarding the existence or location of utilities currently within its
right of way.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
lni\ial Date
Packet Pg. 398

28.a
Form ROW-U-35
Rev. 1fl007
Page 3
UTILITY EXECUTION RECOMMENDED:
Utility:
NBme of UWity District *
By
AulhoriZ9d SlgnBllJro
THE STATE OF TEXAS
Executed and approved for the Texas
Print or Type NBme
Transportation Commission for the purpose
and effect of activating and/or carrying out the
Tille: orders, established policies or work programs
heretofore approved and authorized by the
Texas Transportation Commission.
Date:
By:
••
Date:
• For locally-alulcuted agreemellts, ROW Admlr.lslralor recommer'ldB execullor.; otherwise District Er.glr.eer (or designee) ,
.. For locally-eXllcuted agreemer.ts, District Er.glr'l6er (or dlulgrlge) epprove61l.nd e)(@cules;otherwiseROWDivielon Director,
Packet Pg. 399

28.a
Attachment"A"
City of Irving- SH 114

From: East of Rochelle Blvd.
To: West of Tom Braniff Drive
County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Plans, Specification, and Estimated Costs
Packet Pg. 400

28.a
City Of Irving
SH 114 - Loop 12 Water & Waste Water

Utility Engineering Cost Estimate
Bridgefarmer & Associates, Inc,
BUdget ~ $244,500.00
Total Fee billed ~ $221,650.00
Amount Remaining ~ $ 22,850.00
Halff & Associates

Budget ~ $131,265.00
Total Fee billed ~ $ 87,217.13
Amount Remaining~ $ 44,047.87
Packet Pg. 401

28.a
ESTIMATE SUMMARY SH 114 (ROW CSJ 0353-06-051)
I. Construction Costs
1. Sanitary Sewer Line 1 Total Estimated Cost-$90,744,OO

2. Sanitary Sewer Line 2 Total Estimated Cost-$341,770.00
3. Sanitary Sewer Line 3 Total Estimated C05t-$269,455.00
4. Sanitary Sewer Line 8 Total Estimated C05t-$268,540.00
S. Sanitary Sewer Line 9 Total Estimated C051-$12.005,OO
Total Estimated Sanitary Sewer Line Cost $982,514.00
S. Water Line 1 Total Estimated Cost-$475,258.00

6. Water Line 2 Total Estimated C05t-$777,741.00
7. Water Line 3 Total Estimated Cost-$56,440.00
8, Water Line 9 Iotal Estjmated CQst-$90,301 ,00
Total Estimated Water Line Cost $1,399,740.00
Cost for Water Line 3 Included in Loop 12 Estimate $(56,440.00)
Total Estimated Cooslr. Cost Sanitary Sewer & Water Unes $2.325.814,00
II. City of In'ing Cost (to be paid by Dallas District based on Elig. Ratiol
Engineering, Project Management & Transportation $101,880,29

Inspection $46,516,28
Corporate Overhead $232,581.40
Total Engineering, Inspection, Overhead $380,977,97
Estimated Total Overall Cost $2,706,791.97

(Including Engineering, Inspection and Overhead)
III. TXDOT Eligibility Calculation
Total Billings $2,706,791.97

Betterment Credit Percentage 0,0055416%
Less % Betterment Credit $ (15,000,00)
Less Accrued Depreciation (if applicable) $ 0,00
Less Salvage (if applicable) $ 0,00
Subtotal $2,691,791.97
Eligibility Ratio (if applicable) 70.02%
Estimated Reimbursement $1.884,792,74
Total Overall Cost Sanitary Sewer & Water Lines $2,691,791.97

City of Irving Cost -$ 806,999.23
Total Estimated TXDOT Reimbursement $1,884.792.74
Packet Pg. 402

28.a
$H 114
DALLAS COUNTY
FROM: East of Rochelle Blvd,
TO: WeBt of Tom Braniff Drive
ROW CSJ 0353·06·051
FINAL PS&E (TOTAL WATER & SANITARY)
611612007
B&A 03-.43-<11 110 1~·23·14
SANITARY SEWER LINE 1
Item_ TebuleUl
"rr
,,
Dhlclpllne Unit Unit Prloe
"" Sub Tatool
,, , '""",
S8nlln
SBn~B
San~B
=.
·2036
~"
SANITARY SWR PIPE
SANITARY SWR PIPE
SANITARY SWR PIPE
SANITARY SWR PIPE
""
"
•
37.47
3U9
3D,07
~e2e
'""
•
U83 '"
"""
18828
SDn~n 2038 SANITARY SWR PIPE ~1,se '"•
,•, SIInltn
'M~
2039
2040
SANITARY SWR PIPE SOR35
SANITARY SWR PIPE SOR2B
3eeO
~697
••
, SIII1~D 2041 SANITARY SWR PIPE SOR35 "" ~5.66
•
S.nltll 2042
,."
SANITARY SWR PIPE SOR2S PVC 16 59_00
•,
" "
S.nltll
Sanltll
San~n
·2\l44
-2\l45
4' DIAMETER SANITARY SEWER MANHOLE
4' OIA SANITARY S R DROP CON MANHOLE
6' DIAMETER SANITARY SEWER MANHOLE
""" ~ 200,00
6500,00
e &aO,OO ,,,
4200
HOD
"
"" SIII1~B 20~6 6' OIA SANITARY SWR DROP CO~' MANHOLE "" 1200QOO
, 12 DOC
""
Sanlla
Sanha
S""ha
2047
2048
~ .. 4' OIA SANITARY SWR EXT OEPTI1 MANHOLE
6' DIA SANITARY SWR EXT DEPTI1 MANHOLE
MANHOLE AllANOONMENT
"""
"
,,
100,00
220,00
1~OO ,
",
, ,
n~c
3000
00.
..
San~a MANHOLE REMOVAL

"" Sanlla
2050
2051 SANITARY SEWER SERVICE RELOCATION
'W, ""
1 000,00
1 800,00 1 aco
~ " Snnltll
Sanl
2052 AllANOON AND GROUT EXT
REMOVE EXiSTING 6" SANIT , '.00
15,00 ,• ,
"""
2053
"" S.nlln
San""
2054
2055
AllANOONANO GROUT EXT
A9ANOON AND GROUT EXT 1 , '.00
'00 '", 3 661
""
Sanlll
Sanlla
2056
2057
A9A~'OON AND GROUT EXT 1 'W,
ABANDON AND GROUT EXT 16" SANITARY SWR "" , '.00
10,00 ,•
"" Sanltll TRENCl-l EXCAVATION PROTECTION e
"" ,, '00
"
,
'""
2026
Sanlll 26 545().2026 TRENCl-l EXCAVATION PROTECTION 5' '00
'"
,,, ,
Sanlln 27 5450·2026 TRENCH EXCAVATION PROTECTION 10" '.00

"" Slnlll 26 5450-2~26 TRENCH EXCAVATI N PROTECTION 12" "" '00
"" Snnlln
Snnlln
29 645().2026
30 54~0·202~
TRENCH EXCAVATION PROTECTION 16'
JK BOR OR TUN PIPE 24" 5118"TKl sTL CA "" ,,
'.00
510,00
160,00
,•
Slnll.. 3' ~45D-205~ 18"STL PIPE CASE 5116"1 OPEN CUT ,~
"" Sinill 32 54Wo2059 CLASS B CONCRETE MISC

"" 16000
,•
22600
1200
""
Slnlll
Snnlln
33 5400.2060
34 54~().2032
CONNECT TO EXIST NO MANHOLE
TRENCHING EMBEDMENT & BACKFILL 0" "ee ,• 3500,00
10,00
".
,, '""
,
."
S.nlln 35 545D-2032 TRENCl-lING & BACKFILL B" 10.00
"" "" 4 310
,,
S.nlla 36 ~4w.203' TRENCHING BACKFILL 10" 10,00
"""
375450-2032 TRENCl-lING BACKFILL 10,00
$nnlln 36 5400.2032 TRENCHING "
BACKFILL 16" "" 10,00
"
Snnltll
Slnlll
39 5400.203.
40 545().2061
TRENCHING
CATHQOIC P
BACKFILL 15'
NITARY SEWER ,
"" SANITARY SEWER LINE 1 '", 90,744

10,00
10,000,00
1500
TOTAL"
•
Packet Pg. 403

28.a
SH 114
DALLAS COUNTY
TO: West of Tom Braniff Drive
ROW CSJ 0353-06·051
S11~IZDD7
BAA D3-43·D1 & 1~·Z3·14
~
Tob~loll
Cllcl lin. Unit Unit Prlc. 'QN Sub Totol
.," Sanl SANITARY SWR PIPE
" 37,47
'" '"
..
"
"
Sanlta
Sanlta
Sanlla
SanJta
SANITARY SWR PIPE
SANITARY SWR PIPE
SANITARY SWR PIPE
SANITARY SWR PIPE """
"
36,48
38,07
48,28
41,88
.n""
""
".. Sanita
Sanita
Sanita
Sanlta
SANITARY SWR PIPE
SANITARY SWR PIPE
SANITARY SWR PIP
SANITARY SWR PIPE
""
""
~.~
48.87
48,68
!W,OO
.
,"
,"
1B 142
3711 1
50 Sanl
Sanl!
4' DIAMETER SANIT
4' DIA SANITARY S
eA
• 4200,00 18~00
"" """'
S~"'
8' DIAMETER SANIT
8' DIA SANITARY S
eA
" ••
5600,00
S 600.00
12000,00 ",,"
" eA 2400 0
•••
Sanlta 4' DIA SANITARY
.,".,
100,00
50 Sanlla S' DIA SANITARY "" 220,00
'" '""
220 0
..., Slnlta
aonlta
SIInlia
Sonlla
""
"
"
••
•
1500,00
1 000.00
1 SOO.OO
6.00
S
",
750 0
180 0
•
San~a
•• "
"" Sanlla "" 7.00
'.00 "
.oS '"
361 2
"" Sanlla
""•• 9.00 SO, 749 9
.."..
"
Sanlla
Sanlla
Sonlla
"""
••
10.00
1.00
1.00 '""
.
,'""
'"
.
. Sonlla
Sanllo
Sonllo
Sanlla """ •
1.00
1.00
1.00
510.00
'""
,' "
""'"
21114 0
Sanlta
•
""" •
160.00
Sanlla
"",. 160,00 "
"" Sanlla
3 500.00
10,00 •,"
""" '" '0 0
"" Sanllo
Sonlla
S~"
10,00
10.00
10,00 ..
,'"
00
112 0
""" """ •
795 0
Sonlt.
Sanlta
10,00
10,00 ••
00 Sanlta
• SEWER LINE 2
" SANITARY 10,000,00
••
TOTAL-
• 341,770
Packet Pg. 404

28.a
SH 114
DALLAS COUNTY
TO: West of Tom Braniff Drive
ROW CSJ 03153·06·0151
811412007
BlioA Da-43·D1 & 18·2J·14
Tabulate
., Olaclpllne
Sanl
Unit
CO
Unit Price
37.47
.Qn
0
Sub Totel
.""" S~.
Sanlta
San~a
San~
CO
CO
CO
CO
36,49
39,07
48,28
41,88
0
..."" S~
S~,
CO
CO
CO
, 36,60
46,97
46,66 '"0
0
22217
Sanl
Sanl
,~
Sanl
CO
""
59.00
4200.00
5600.00
'",0
10661
"00
.."""". Sanlte
Sanl
Sanlla
Sanlte
""
CO
CO
,,
,,
6600.00
12,000.00
100.00
220.00
0
..".." ""
Sanlla 1 500.00 1500
Sanlla
,, 1,000,00
1 800,00
0
0
Sanlta
Sanlta
Sanlta
CO
CO
" '00
15,00
0
0
Sanlta CO '.00 0
'"'
", Sanlta CO 6,00 0
'"'
".
Sanlta
Sanlta
CO
CO
'00
10,00 ,,,
'"
3375
2260
",
".
Sanlla
Sanlta
CO
CO
'00
1,00
0
0
Sanlta CO 1,00 0
'"'
", CO
,
I
."'"" "."
Sanlta 1.00
lO' Sanlta CO 1.00
". Sanlta
Sanlla
CO
CO
,,
510.00
150.00 0
221 650
'"'" Sanlla
Sanlla "" 150.00
3,500.00 • 0
1 200
'"
'" SanUa CO 10.00 0
'"
'"
Sanlta
Sanlta
CO
CO
CO
,, 10.00
10.00
10,00
••
.. ...
Sanlla
'"
'" Sanlta CO 10,00
'" , 1790
'" S""lIa CO
, 10,00
10,000,00
0
0
"" S8I111a
"
TOTAL· SANITARY SEWER LINE 3 I 269,466
Packet Pg. 405

28.a
SH 114
DALLAS COUNTY
FROM: East of Rochelle BI"'d.
TO: West of Tom Braniff Drl"'e
ROW CSJ 0353-08-051

811812001
8&A 03-.43·01 & 10·23·14
~j
~ Discipline
110m
"',. Cncrlptlon Unit Unit Prlc.
T.b~I'I'
,orr Sub Total
'" Sanllll 1 5450-2034 SANITARY SWR PIPE

" •• 37.47 0
'M
.
,''""
",.,
""
Sanlta
2 5450-2035
5450-2036
4 5450-2037
SANITARY SWR PIPE
SANITARY SWR PIPE
SANITARY SWR PIPE
SANITARY SWR PIP
C.
C.
C.
•
36.49
39.07
45,26
0
0
0
'" '"
'"
5 5400.2036
S 5450-2036 SANITARY SWR
C.
C.
41,56
3e,ao
0
0
'"". Sanllll
Sanlta
7 545~2040
6 545()..2041
SANITARY SWR
SANITARY SWR
C.
• 46,97 0
'"
"0
Banlta
Banlta
9 8450-2042
10 5450-2043
SANITARY SWR
4'OIAME';TERSA
C.
C.
~
•
$
46,68
55,00
4200,00
'",
0
22 313
.~.
Sanl 4' CIA SANITARY
'" Sanl
11 5450-2044
6' DIAMETER SANITARY SEW
~ 5600,00
S sao,co
0
'" Banlta
12 5400-2045
0' CIA SANITARY SWR DROP CON
~
12000,00
0
"'". .
13 5450-2046 ~ 0
Sanlta
Sanl18
145451).2047
15 5450·2046
4' DIA SANITARY SWR EXT DEPTH MANHOLE
S' DIA SANITARY SWR EXT DEPTH MANHOLE c.
C. 100,00
220,00
~.
".'" Sanlta 16 545()'2049 MANHOLE ABANDONMENT ~ 1 000,00

0
0
....
Sanlla 17 5451).2050 MANHOLE REMOVAL 1 000,00
,"'".
~ 0
S..
Sanlt
Sanlt
165451).2051
19 5451).2052
20 5450-2053
SEWER SERVICE RELOCATION

AND GROUT EXT 6" SANITARY SWR
STING "SANITARY SEWER
c.
~
C.
•
1 600,00
'.00
15,00
0
0
0
'0' Sanlt
21 5451).2054 AND GROUT EXT 6" SANITARY SWR C.
C.C. 7.00 0
Sanl AND GR UT EXT 10" SANITARY SWR
• 6.00
•
""
'0'
'0' Sanlta AND GROUT EXT '2" SANITARY SWR

C.C.
9,00
.."0 3 627
,'"
'00
. Sanlta
Sanl
UT EXT '6" SANITARY SWR
PROTECTION 6"
C.C.
10,00
1.00
•
,...
Sanl PROTECTION B" '.00
0
'"
,W
.. Sanl
Sanlta
Sanlta
Sanl
TRENCH
PROTECTION 10"
PROTECTION 12"
TRENCH EXCAVATION PROTECTION
16"
JK BOR OR TUN PIPE 24" 51'6"'TK STl CA
C.C. •••
•
1.00
1,00
1.00
510.00
0
'0
.M
0
233590
"
'" Sanlta
Sanl
16" STL PIPE CASE 5116"TK OPEN CU
CLASS B CONCRETE MISC """ 150.00
150.00
0
0
".'"'"
Sanlta CONNECT TO EXISTING MANHOLE ~ $ 3500.00 0
Sanlta
Sanl
TRENCHING EMBEDMENT & BACKFILL 6
TRENCHING EMBE MENT & BACKFILL 6
C.
C. $• 10.00
'0.00
0
0
".'" SanU TRENCHING EMBEDMENT & BACKFILL 10"
TRENCHING EMBEDMENT & BACKFILL 12"
C.
C.
,
'0,00
10.00
0
".".'" '"
$
Sanilli TRENCHING EMBEDMENT & BACKFILL 16" C. 10,00 "0
'00
•,
$anlta TRENCHING EMBE MENT & BACKFILL 16" C. 10,00 0
Sanlta CATHODIC PROTECTION SANITARY SEWER 10,000,00
'" " $
TOTAL· SANITARY SEWER LINE 8
0
268640
Packet Pg. 406

28.a
SH 114
DALLAS COUNTY
FROM: Eastef Rochelle Blvd.
TO: West afTorn Braniff Drive
ROW CSJ 0383·06·081

&11&12007
BaA 03-4a.(l1 & 18·13·14
Tabul...
,,,
,,,
D~clplln.
S.n~
Unit Unit Price
37,47
d QrY
,, Sub Tetal
,,, "" •
,,,
San~ 38,49
,,,
,,, ""
39,07
""" •
San~a 48,26
".
S8n~a
San~8
41.88
,,
'"
,,,,,.
".".
San"a
"" 38.60
46.97
,,
""~
" • 46.68
,,, "'., "'" ,

I 59.00
,
'" "',. ,,,
4 200.00
I 5 600.00
,,, ,~~
'"
'"
,,, SlIIlllll
"'"" ,
8 600.00
12000,00
,
,,, Sanlla
Banlla
100,00
22<1,00 ,,
".
'"
".".
sanna
&Iolla """ ,•• 1 500,00
, 000,00 ,, 2 COO
,.".
S..,II"
"" 1.800.00
'.00 ,
,,,
'"
"',.
,,,
Sanlla
"" • 15.00
7,00 ,,
00' 10005
"',. • '.00 ,,,

6,00
""" •
,~~
'"
". ,~~ 10,00
".'"
Sanitll
Sanlla "" •• '.00
'00 ,,
".'"
".
S8l11la
S""II" "" •• 1.00
'00 , ,,
'"
S",,11ll
8",,118 "" • 510,00
'00
,,
'"", "',.
,,,
""" •
I 150,00
,,,
Sanlla 150,00
Sanlla 3500,00
".
,,, Sanha
• 10,00
Sanlla
""" I
,,,
10,00
". Benita
Sanlla
10,00
1000
".".'" Sanna "" 10,00
,,
,
Sanlla I 10.00
'"
Sanlla
"" SANITARY
TOTAL.
• SEWER LINE 9
10,000.00
• 12,005
SANITARY SEWER LINE TOTAL $B82,G14
Packet Pg. 407

28.a
SH 114
DALLAS COUNTY
FROM: East of Rochelle Blvd.
TO: West or Tom Braniff DrIve
ROW CSJ 0353·06·051
&1'1&1'2007
BaAOl4l·01 a 15·3~·1~
WATERLINE1
il
Tabula~
,., Dllclpllne
Water
,"'.
I"m·
1 5450·2001
Unit UnltPrlce d QTY Sub Tetal
'" Water 2 5450·2002

3 5~50-2oo:l
"" ,
6.00
10.00
M
0 '"
".,'"
"
Water 7.00 0
...
'"
,'"
Water
Water
Water
4 5450·2004
5 5450-2005
6 5~50-2006
MAIN
MAIN """
•
,,•
12,00
8,00
30,00
30,00
"",
0
22 384
Water
Water
7 5450-2007
6 5450·2008 "" 40,00 "

2974
11U80 '"
". Water 9 5~50-2009

" 550,00 0
2,86
'" Water 12 5450-2010
"" ,
6 000.00
,
17100
"""
Water 1354!O·2011 5000.00 0
'"on Water 14 5~50-2012 3000,00

,
6000
'" Water 155450-2013
,
4200.00
3500.00 , 12800
'" Water 165450-2014
17 5~50-2016 "" 1 &50.00

,,•
10800
'"
.".
Water UOO
19 5~50·2019 1700.00
'" ""
Water 1700
on Water 195450-2017
, 800.00
1100.00 ,
'"
'"'"
Water
WOO,
2050160-2019
21 50150-2019
"" 1850.00
,
"
1100
18 800
,., Water
Water
22 5450-2020
23 5450-2021
"" ,
3500.00
750,00 ,
24800
5250
'" WOO, 24 5450-2022
"" 350.00
,
",
HOO
,,,•
25 5450-2023
2000.00 2000
'"
".
Water
Water
Water
26 5450·2024
27 5450-2025
"" 37000,00
15.000,00 , 15000
".'" Water 28 5450-2026
" ,,
'00 2675
2678
'"
'"
Water
Waler
29 5450-2026
30 5450-2029
"" '00
1,00
0
,
5~5.00 0
"""
31 5460-2027
'"
,.,
'"
Water
Water
Waler
32 5450-2029
33 5450-2029
510.00
S50.00 '"
0
82620
235.00
Waler 3~ 5450-2030
"" '"
79668
".'"'"
Waler 35 5450-2031
1400.00 0
"" ,
• 10.00
".
"."
Wsler 36 5450-2032
WeIer 37 5450-2032
10,00 2453
24830
".'"
.'"
,'"
WeIer
Waler
38 5450-2032
39 5450-2032
"" ,
10,00
10,00 ,, 3 380
,•
10,00
"" WATER LINE 1
Water 40 5450-2032
Wats, 41 5450-2033
15.000,00 0
TOTAL· $ 475,258
Packet Pg. 408

28.a
SH 114
DALLAS COUNTY
FROM: East or Rochelle Blvd,
TO: Weet of Tom Braniff Drive
ROW CSJ 0353-06·051

511~1007
BAA O~"",3·01 & 18·23·14
WATER LINE 2
" .'"
f- l! Item· Tabulate
."."."." Oleclpllne
Waler
Waler
Willer
Water
~- Coda
f 5450-2001
2 54!iO-200~
3 5450·20Cl3
4 5450·201)4
O••crlptlon
ABANDON AND GROUT EXTa" WATER MAIN
REMOVE EXISTING a" WATER
ABANDON AND GROUT EXT a" WATER MAIN
REMOVE EXISTING 12" WATER MAIN
Unit
""
""
UnltPrlc.
aoo
10,00
7.00
12.00
0
0
19a7
,
Sub Totel
137a9
."." Water
Water
5 IWiO·200S
e MliO·2000
ABANDON AND
ABANDON AND
EXT 12" WATER MAIN
EXT .a" WATER MAIN " • 5.00
30.00
'M
0
3712
." Water 7 5450-2007 WTR MAIN PIPE aoo CL200 a "" 30.00 'M H2O
."."
a 5450_200B
.."
Water WTR MAIN PIPE aoo CL200 12' 40,00
e 5450-2009 " 550,00 "" 1.7540
'""
Waler
w.~
Wet....
12 5.50-2010
1~ 5.50-2011
WAT
'"'
PCCP 48'
'" " e 000,00

5500,00
~.45
0
20700
"""
TAPP 0
W,
,•,
Wo~ 1.000·2012 3000,00 12000
m WeIer 15 s.l50·201~ 2"C SEVALVE 4200,00 4200
Wat... 3500,00 10 aoo
'"
". Wet....
W..,
1a OOO·20H
11 50450-2015 "" 1650,00 0
'"
'"
m
w".
18 5450-201a
18 5450·2017 "" 1700.00
800,00
1100.00 ",
0
UOO
7700
"""
Water 20 50450-2018
1 a50.00 20350
"",
Water
''"" Wate,
21 &150-20111
22 5.ro.2020 3500.00
750,00
42000
'"."
."
Water
Wate'
Wate,
23 5451).2021
24 5450-2022 "" 350,00
2000,00 ",,
HOO
UOO
'"." Water
25 5450-2023
26 5450-2024
", "" I
37000,00
15000,00
74000
'" Water
Water
27 S450-2025
29 546ll-2029 "" • 1.00
0
3105
, 3105
." Willer
Wale,
29 5451).2026
30 5450-2026 "" ••
1.00
1.00 0
'"
"" Water 31 5450-2027
"" 535.00
'" 220965
."
."
Water 32 &450-2029 510.00
950.00 '", 91 aoo
'"
Water
Water
3J 5460-2029
34 54li0-20~O "" •• 235.00
1400,00 '" 0
61 700
"""
Water 35 6450-2031
'"
."."'"
Waler 36 5450-2032 10,00
'" ""
Water
37 5'150-2002
•• 10,00
10,00
2685 25 950
""" '"
Water
39 5450-20~2 2200
." Water 39 5450-2032
•• 10,00
,I
0
,
m Water 40 6460·2032 10,00 0
." Water 41 5450·2CXl3 I

"
TOTAL. WATER LINE 2
15,000,00
777,741
Packet Pg. 409

28.a
SH 114
DALLAS COUNTY
FROM: Eset of Rochelle Blvd.
TO; Weet of Tom BranIff Drive
ROW CSJ 0353·06-051
&/1&12001
BU 03·(3·01 .. 18·23·'4
WATERLINE 3
~.
Tabul.t,
'"
D~clpl1n.
W....,
Unll
Un~ Prlct dQn
,, Sub TotlIl
'" WallIr "" ,

'00
1000
,,
'" Wal&r
Wale,
" '00
1200
,,
"
'" Wale'
"'" 800
'" ,,,
W~,
,'"" ~ooo
,,
Wale,
'"
'" Waler
'"'" ,
~OOO
40.00
'"
".
Waler
W~,
~~O.OO
,,
". W~, '" "" ,
8 000.00
& 60000
,
'"
Wllter
W~,
300000
,,
'"
." Wo. "" 4 ;/00.00
300000
,
'"
'"
Wo.
W•.,
Water
"" , 1650.00
1700.00 0
,,
'"
(5e ' w.., "" , sao.oo BOD 00
\ 100.00
,,
'"
'"'00
Water
Water "" ,, I
3 600,00
,,
Waler
, 750,00
'"
'"
Waler
Water """ 350.00
2.00000 ,,
'"
'"
Water
Waler "" ,, 3700000
'5000,00
1,00 ,,
'"
'00
Wale'
Waler "" '00 0
'"
Wale.
"" , '00
",, "
...
'"
'"
Water
Water
Waler "" ,
53500
61000
650.00
,,
.W
'"
Waler
Water
Waler
"" , 13&0
, 400.00
1000 ", 51000
'"
""" ,
0
,,
Water 10,00
'"
'"
Waler 10,00
Waler
"" ,,
10,00
'"
", , ".
,
10,00
'"
m
Wale'
Water
TOTAL"• WATER LINE 3
15,000,00
66,440
Packet Pg. 410

28.a
SH 114
DALLAS COUNTY
FROM: East of Rochelle Blvd.
TO: Weet afTorn BranIff Drive
ROW CSJ 0353·06·061

811812007
B&A 03..Q.Q115o 1&·13·14
WATER LINE 8
i!
Item· Tabulate
Discipline Cedi Unit Unll Prle. d QTY Sub Tollli
on 6,00 0
'"
Waler
Wole,
Wale,
1 5450-2001
2 5450-2002
3 5450-2003
"" •• 10,00
"0
'"
'"
on
Waler
Wete,
4 5450-201>4
5 ~5().2005 """
7,00
12,00
8.00
on
0
8&24
'" Water
W~,
6 5450-2006
"" •• 30.00
30.00
0
'"
'SO W~,
7 5450-2007
e 5460-2008
e 5450-200ll "" 40.00
550.00 '"
0
23040
."'"
Waler
0,61 3 060
Wet"!"
water
12 5450-2010
13 f>1150·2011 "" ""
6 000.00
5800.00
,0
"'". Wet« 14 5460·2012
•• 3 000.00 3 000
'"
'"
Wet...
Wal<lr
15 5450-2013
166451).2{l14 "" ••
4200.00
3 Mo,oo
0
0
'" Waler
Weill.
17 5450·2015
18 5450-201 e SERVICE LINE SHORT SIDE
,. "" 1 650,00
1 700,00
0
,
0
'" Water 6" RESILIENT WEDGE GATE VALVE
"" • 600,00 $O'
'"
,SO Water
19 5450·2017
20 5451).201 e 8" RESILIENT WEDGE GATE VALVE 1100,00
,,
0
1~· RESILIENT WEDGE GATE VALVE 1 660,00
• 5550
"""
Wal.r 21 5450-2018
'"
'" Waler 22 5450-2020 FIRE HYDRANT 3500,00
,, 3500
".".
"'".
Water
Waklr
~3 5450-2021
24 545().2022
REM AND SALVAGE EXT FtRE HYDRANT
REM AND SALVAGE EXTWTR VALVE & BOX
750,00
350,00•
"""
Water 25 5450-2023 CUT AND PLUG EXISTING WATER MAIN 2000,00 0
'"
'" Waler
" 2024
2025
RM&RPL WTR MT
RM&RPL WTR MT ", 37000.00
15000,00
0
'"
eo,
.eo
Water
Waklr "" "" TRENCH EXCAVATION
TRENCH EXCAVATION
"" 1,00
1.00 '"0 $O'
'00
Walar
Water "" 2026
2026 TRENCH EXCAVATION
JK BOR OR TUN PIPE 1
"" 1.00
535.00
0
"""
Waler 2027 0
'"
'" Water
Water
"" 2026
2026
JK BOR OR TUN PIPE 24" 5116"TK sTL CA
JK BOR OR TUN PIPE 60" 516"TK STLCA ••
510.00
950.00
0
;OS
"'OS.. Water " "" 24" STL PIPE CASE 5116"TH OPEN CUT
"" 235.00
'"' 36426
Water
w,"'
72" STL PIPE CASE 5i6"THK OPEN CUT
TRENCHING EMBEDMENT & BACKFILL 6" ••
1 400.00
10.00
0
0
'"
'"
'"'"
Water
Warer
TRENCHING EMBEDMENT & BACKFILL
TRENCHING EMBEDMENT & BACKFILL
TRENCHING EMBEDMENT & BACKFILL 46
,..". """ 10.00
•
10,00
10.00
• ""
'"
0
4210
'$O'
'"
Water
Water TRENCHING EMBEDMENT & BACKFILL
" "" 10,00 0
'" Waler CATHODIC PROTECTION ATER

"
TOTAL "WATER LINE 9
•
16.000,00 0
•I 90301
WATER LINE TOTAL $1,399,140
WATER & SEWER GRAND TOTAL $2,325,814
Packet Pg. 411

28.a
Attachment "B"

From: EOast of Rochelle Blvd.
County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Utility's Accounting Method
['>(J Actual Cost Method of Accounting
The utility accumulates cost under a work order accounting

procedure prescribed by the Federal or Stale regulatory
body; and the utility proposes to requesl reimbursement for
actual direct and related indirect costs,
D Lump Sum Method of Accounting

Utility proposed to request reimbursement based on an
agreed lump sum amount supported by a detailed cost
analysis.
D Alternate Method of Accounting

The utility accumulates cost under an accounting procedure
developed by the utility and approved by the State; and the
utility proposes to request reimbursement for actual direct
and indirect costs; and The utility owner is a municipality.
Packet Pg. 412

28.a
Attachment "e"
County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Utility's Schedule of Work and Estimated Date of Completion
City of Irving will include all relocation of existing facilities on CCSJ 0353-06-051 with
the TXDOT project. Timelines for construction activities will be based on the TXDOT
Contractor's Schedule.
Start Date: September, 2009
Duration: See above comment related to Utility Work in construction contract.
Estimated Completion Date: TBD based on TXDOT Contractor Schedule.
Packet Pg. 413

28.a
Attachment "0"

County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Statement Covering Contract Work
ROW-U-48
Packet Pg. 414

28.a
""""*
..00::=_
#-'-.
Form ROW·U-46
AIIV. ~Zl2004
Rep18t<l6 Form D·15-46
GSD·EPC
Pag@1of1
STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK

(AS APPEARING IN ESTIMATE)
U~No. 13082
District: Dallas
County: Dallas ROW CSJ No.: 0353-06-051
Federal Project No,: Highway No.: SH 114
I, ,8 duly authorized and qualified representative of City of !rving,
hereinafter referred to as Owner, am fully cognizant of the facts and make the following statements in respect to
work which will or may be done on a contract basis as appears In the estimate to which this statement Is attached.
It Is more economical and/or expedient for Owner to contract this adjustment, or Owner is not adequately staffed
or equipped to perform the necessary work on this project with its own forces to the extent as Indicate on the
estimate.
Procedure to be Used in Contracting Work

o A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the
lowest qualified bidder who submits a proposal in conformity with the requirements and specifications
for the work to be performed.
o B. Solicitation for bids is to be accomplished by circulating to a list of pre-qualified contractors or known
qualified contractors and such contract is to be awarded to the lowest qualified bidder who submits a
proposal in conformity with the requirements and specifications for the work to be performed. Such
presently known contractors are listed below:
1.
2.
3.
4.
5.
o C. The work is to be performed under an eXisting continuing contract under which certain work is regularly
performed for Owner and under which the lowes! available costs are developed. (If only part of the
contract work is to be done under an existing contract, give detailed information by attachment hereto.)
o D. The utility proposes to contrect outside the foregoing requirements and therefore evidence in support of
its proposal is attached to the estimate in order to obtain the concurrence of the State, and the Federal
Highway Administration Division Engineer where applicable, prior to taking action thereon (approval of
the agreement shall be considered as approval of such proposal).
~ E. The utility plans and specifications, with the consent of the State, will be included in the construction
contract awarded by the State.
Signature Date
Title
Packet Pg. 415

28.a
Attachment "F"
Eligibility Ratio
County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Eligibility Ratio is _70.02%_ based on the proof of property

interest.
Packet Pg. 416

28.a
Attachment "F-1"
(attached calculation)
Eligibility Ratio Calculation

To: West atTorn Braniff Drive
County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Line ID/Plan Sheet

Length in Public ROW Length in Easement Total
No.
San 1 O' 587' 587'
San 2 O' 1316' 1316'
San 3 262' 388' 650'
San 8 478' 0' 478'
San 9 0' 667' 667'
Water 1 1120' 1813' 2933'
Water 2 1419' 2272' 3691'
Water 3 0' 40' 40'
Water 9 0' 576' 576'
TOTALS 3279' 7659' 10,938'
Private'" Total = Eligibility Ratio
7,659 (private)'" 10,938' (total) = 70.02% Eligibility Ratio
Estimated Final Bill
Total billing (including Betterment) $2,706,791.97

Less Betterment Ratio x Total Billing $ (15,000.00)
Less Salvage $0,000,000.00
Sub-Total $2,691,791.97
Sub-Total x Eligibility Ratio $2,691,791.97

$2,691,791.97 x 70.02% (TxDOT Portion) $1,884,792.74
$2,691,791.97- $1 ,884,792.74 (City Portion) $ 806,999.23
Packet Pg. 417

28.a
Attachment "G"

From: East of Rochelle Blvd,
To: West otTom Braniff Drive
County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Betterment Calculation and Estimates
See Attached Betterment Calculation Sheet
Packet Pg. 418

28.a
City of Irving SH 114 Betterment Calculation
Sanitary Line No.4 - Increased from an existing 6" diameter to a

proposed 8" diameter and the difference in cost for this Increase In
size Is approximately $7,195.
Please Note: Due to City of Irving polley, this upgrade on San. Line No.
4 is not considered "betterment".
Water Line No.2 - Approximately 1,000 LF of line was Increased

from an existing 8" diameter to a proposed 12" diameter and the
difference in cost for this increase in size is approximately $15,000.
*Data provided by Mark Hinton, P.E., Bridgefarmer & Associates

Refer to David Sprlngob's email dated 9-19-2008
Packet Pg. 419

28.a
Attachment "H"

County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Proof of Property Interest
Packet Pg. 420

28.a
~
..,==
I •.
Form ROW-U'lA
Rev, 3/2004
Replaces Form D-16·U1
GSD.EPC
Page 1 or1
AFFIDAVIT
(for Utility Owner)
U-No.12690
THE STATE OF TEXAS § District: Dallas

§ County: Dallas
COUNTY OF DALLAS § Federal Project No.:
ROW CSJ No,: 0353-06·051
Highway No.: SH 114
(To be filled in by State)
BEFORE ME, THE UNDERSIGNED AUTHORITY. on this day personally appeared========:

of the City of Irvlng, ("UtilitY') who after being by .rne dUly sworn upon his/her oath deposes and says as follows:
"I. am over the age of 18 years and am fUlly competent to testify to

the matlers set forth in this Affidavit I have personal knowledge of all facts and swear that such facts are true and
correct
1. See attached easements which are recorded in public records of Dallas County and listed in the provided
ettachment;
[legal description of land]
2. City of Irving's holding of easement;
[recta Indicating affiant's familiarity wlt.~ subject land, including Inspection and surveys
3. City of Irving claims ownership to various properties and information included as attachments;
[facts attesting to oWnelrS~I'p, Including claims Ihrough deeds, stc,]
4, City of Irving Easements permit construction, maintenance, reconstruction, repair, inspection, and
operalion of water and wastewater facilities;
[facts shtlwing use of property]
5, Under terms of the attached easements, the City of Irving does not fence or enclose the easement areas;
[facta showing nature and stale of repair of enclosuras or fencing]
6, The City of Irving claims title and possession to only the properties it owns in fee;
[facts showing continuous possession for statutory pariod)
Further affiant sayeth not."
Signature
Title
Company
Packet Pg. 421

28.a
Form ROW·U·1A
Rev, 312004
Pege2of2
Corporate Acknowledgment
State of Texas
County of Dallas
This instrument was acknowledged before me on by =-;:::;:::;;-:-,-;:::;:;-=-=====-'

______________, of the City of Irving, a municipal corporation, on behalf of said corporation.
Notary Public's Signature
Packet Pg. 422

28.a
Attachment "I"

County: Dallas
ROW CSJ: 0353·06·051
CCSJ: 0353·06·050
Inclusion in Highway Construction Contract
Adjustments will be done

in the Highway Construction Contract.
Packet Pg. 423

28.a
ATTACHMENT "I"
(to be used only for Inclusion In Highway Construction Contract)
In the best interest of both the $tBte end the Utility, the Utility requests the State to include the plans and
specifications for this work in the general contract for construction of Highway Loop 12 in lhisarea, so thet
the work can be coordinated with the other construction operations; and the construction contract is to be
awarded by the State to the lowest qualified bidder who submits a proposal in conformity with the requirements
and specifications for the work to be performed,
Utility: City of Irving

Name of Utility
By:
Authorized Signature
Print or Typs Nama
Title:
Date"
The cost for constructing Utilities facility under this agreement will be derived from the accumulated total of utility
items es set forth in the general construction contract, plus the indirect costs of the items below:
The Utilities related expenses including Engineering, Project Management & Transportation, Inspection, and
Corporate Overhead will be paid by the Dallas District Utility Section or Area Construction Office in association
with ROW CSJ: 0581·02·132 as part of the Construction Contract.
Engineering, Project Management & Transportation $145,167.55 x 70,02% (Eligibility Ratio) = $101,646,32*
Inspection (2%) City of IN\ng $ 53,099.46 x 70,02% (Eligibility Ratio) = $ 37,180.24
Corporate Overhead (10%) City of INing $265,497.30 x 70.02% (Eligibility Ratio) = $185,901.21
Total $463,764.31 x 70.02% (Eligibility Ratio)= =$324,727.77
* City of INing Engineering consultant contrects were negotiated for design of the Water & Sanitary Sewer line
relocations for both Loop 12 (CSJ 0581-02-121) and SH 114 (CSJ 0353-06-051). The costs essocleted with
"Engineering, Project Management & Transportation" for the Water & Sanitary Sewer relocations for the Loop 12
section were determined by calculating the Total Linear Footage of the relocation design for both projects and
dividing by the length being relocated within each separate project. The percentages determined were 53% for
Loop 12 (CSJ 0581-02-121) and 47% for SH 114 (CSJ 0353-06-051)
Initial Dale
Packet Pg. 424

28.a
Attachment "E"

County: Dallas
ROW CSJ: 0353-06-051
CCSJ: 0353-06-050
Utility Joint Use Acknowledgment
ROW·U·JUAA
Packet Pg. 425

28.a
Form ROW·U·JUAA
Rev,1V200e
GSD-EPC
Page 1 of 2
UTILITY JOINT USE ACKNOWLEDGEMENT
REIMBURSABLE UTILITY ADJUSTMENT
U~Number: 13082
District: Dallas County: Dallas
Federal Project No.: Highway: SH 114
ROW CSJ: 0353-06-051 From: East of Rochelle Blvd.
Projected Highway Letting Date: 1011/2008 To: West of Tom Braniff Drive
WHEREAS, the State of Texas, ("State"), acting by and through the Texas Department of Transportation
("TxOOT"), proposes to make certain highway improvements on that section of the above-indicated highway; and
WHEREAS, the City of Irving, ("Utility"), proposes to adjust or relocate certain of its facilities, if applicable, and
retain title to any property rights it may have on, along or across, and within or over such limits of the highway right
of way as indicated by the location map attached hereto.
NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties
mutually agree as follows:
It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right
of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches, Nothing
in this Acknowledgement shall serve to modify or extinguish any compensable property interest vested in the
Utility within the ebove described area, If the facilities shown in the aforementioned plans need to be altered or
modified or new facilities constructed to either accommodate the proposed highway improvements or as part of
Utility's future proposed changes to its own facilities, Utility agrees to notify TxOOT at least 30 days prior thereto,
and to furnish necessary plans showing location and type of construction, unless an emergency situation occurs
and Immediate action is required. If an emergency situation occurs and immediate action is required, Utility
agrees to notify TxOOT promptly. If such alteration, modification or new construction is in conflict with the current
highway or planned future highway improvements, or could endanger the traveling public using said highway,
TxOOT shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the
protection of the highway facility and the traveling public using said highway. Such regulations shall not extend,
however, to requiring the placement of intended overhead lines underground or the routing of any lines outside of
the area of joint usage above described.
If Utility's facilities are located along a controlled access highway, Utility agrees that Ingress and egress for
servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets,
or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be
made to the outer portion of the highway right of way from anyone or all eccess points, Where supports,
manholes or other appurtenances of the Utility's facilities are located in medians or Interchange areas, access
from the through-traffic roadways or ramps will be allowed by permit issued by the State to the Utility setting forth
the conditions for policing and other controls to protect highway users, In an emergency situation, if the means of
access or service operations as herein provided will not permit emergency repairs as required for the safety and
welfare of the pUblic, the Utility shall have a temporary right or access to and from the through-traffic roadways
and ramps as necessary to accomplish the required repairs, provided TxOOT is notified immediately when such
repairs are initiated and adequate provision is made by Utility for the convenience and safety of highway traffic,
Except as expressly provided herein, the Utility's rights of access to the through-traffic roadways and/or ramps
shall be subject to the same rules and regulations as apply to the general public.
If Utility's facilities are located along a non-controlled access highway, the Utility's rights of ingress arld egress to
the through-traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general
public,
Initial Dale
Packet Pg. 426

28.a
Form ROW·U-JVAA
Rev 12'2006
Page20f2
Participation in aclual costs incurred by the Utility for any future adjustment, removal or relocation of utility
facilities required by highway construction shall be in accordance with applicable laws of the State of Texas.
Utility will, by written notice, advise TxDOT of the beginning and completion dates of the adjustment, removal, Or
relocation, and, thereafter, agrees to perform such work diligently, and to conclude said adjustment, removal, or
relocation by the stated completion date. The completion date shall be extended for delays caused by events
outside Utility's control, including an event of Force Majeure, which sha,11 include a strike, war or act of war
(whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or
other act of God, sabotage, or other events, interference by the State or any other party with Utllity'e ability to
proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof
so that the causes or other events are beyond the control and without the fault or negligence of Utility.
It is expressly understood that Utility conducts the new installation, adjustment, removal, end/or relocation at its
own risk, and that TxDOT makes no warranties or representations regarding the existence or location of utilities
currently within its right of way.
The Utility and the State, by execution of this Acknowledgement, do not waive or relinquish any right that they
may have under the law,
The signatories to this Acknowledgement werrant that each has the authority to enter into this Acknowledgement
on behalf of the party represented,
IN WITNESS WHEREOF, the parties hereto have affixed their signatures,
UTILITY EXECUTiON RECOMMENDED:
Utility: _City of Irving

Name of Utility District Engineer, District
By:
Al.Jlhor/led SignEl(ure
THE STATE OF TEXAS
Executed and approved for the Texas
Print or Type Name
Transportation Commission for the purpose and
effect of activating and/or carrying aut the orders,
Tille: established policies or work programs heretofore
approved and authorized by the Texas
Transportation Commission.
Date:
By: _-=="""""'=====:::-__
Director, Right of Way Division
CITY OF IRVING, TEXAS Date: _
Herbert A. Gears
Mayor
Initial Date
Packet Pg. 427

28.a
AREA 16· ALTERNATE 2
Totals $ 131,395
% OverJUnder Enar Estimate .REFI
DEPT ITEM Zach 1Marto Sinacola
APPROX.
USE ITEM ITEM DESCRIPTION UNIT
s.P. NO. QUANTTTlES UNITPAICE AMOUNT
ONLY NO. eoDE
358 5450 2004 REMOVE EXISTING 12" WATER MAIN LF 425 $ 12.00 $ 5.100.00
359 5450 2005 ABANDON AND GROUT EXT 12' WATER MAIN LF 380 $ 8.00 $ 3.040.00
-,
362 5450 2008 WTR MAIN PIPE (PVCUC900.CL.2001 (12" LF 685 $ 40.00 $ 27.400.00
364 5450 2010 OUCTILE IRON RTnNGS TON 0.17 $ 6.000.00 $ 1,020.00
5450 2011 TAPPING SLEEVE 12')( 12" EA 1 $ 5.600.00 $ 5600.00
. 366 5450 2012 WET CONNECTIONS EA $ 3.000.00 $ -
373 5450 2019 12" RESIUENT WEDGE GATE VALVE EA 2 $ 1.850.00 $ 3,700.00
"977 5450 2023 CUT AND PLUG EXISllNG WATER MAIN EA $ 2000.00 $ -
SllO 5450 2026 TRENCH EXCAVATION'PROTECTION LF 685 $ 1.00 $ 685.00
382 5450 2028 JK.BOR OR lUN PIPE (l'VCIIC900 CL2001 , 12, LF 195 $ 400.00 $ 78.000.00
386 5450 2032 TRENCHING. EMBEDMENT ANO BACKRLL LF 685 $ 10.00 $ 6,850.00
TOTAL $ 131.395.00
Packet Pg. 428

29
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3123

Recommending Department: Public Works & Transportation LSR No:
Resolution -- Approving Change Order No. 1 to SH 114 and SH Loop 12

Utility Relocation Contributions to Relocate Water Line Seven
2. Impact: The relocation of this waterline allows construction of the highway
underpass necessary for completion of the DART Orange Line.
3. The waterline relocation was discovered during construction; the facility is fully
within TxDOT right-of-way.
4. The City of Irving is obligated to move this line at the request of TxDOT, as it is not
in a separate easement.
5. The contractor has agreed to include this work at bid prices which have been found
to be reasonable and comprehensive
6. Funding in the amount of $164,753.68 is available in the Water and Sewer Non
Bond CIP Fund.
Recommendation
Previous Action: RES-2008-484 Council Action: Approved
ATTACHMENTS:
SH114 Change Order 1 (PDF)

5422-3251-75901-906046, Budget: $164,753.68 Actual: $164,753.68
Packet Pg. 429

29
CITY OF IRVING

Texas Department of Transportation in the amount of $164,753.68 for utility
relocation for State Highway 114 East of Rochelle Boulevard, and the Mayor is
authorized to execute the attached Change Order.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 430

29.a
Packet Pg. 431

Attachment: SH114 Change Order 1 (3123 : 21 CO#1 SH114 / SH Loop 12 Utility Relocation)
29.a
Packet Pg. 432

29.a
Packet Pg. 433

30
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3118

Recommending Department: Water Utilities LSR No: 10631
Resolution -- Approving Change Order No. 2 to Eagle Contracting, L.P., for

the MacArthur Pump Station
2. Impact: This change order provides additional required work at the MacArthur
Pump Station. Contingency funding will be used and the project is still within the
original budget.
3. The major items on this change order include a cable tray substitution for
underground conduit, additional thrust restraints for the pumps, and a conversion of
the electrical power service allowance to available contingency.
4. Additional items include a credit for the heat tracing system for the generator,
additional cleanouts for a 4-inch drain line, modifications to the Tank No. 2 overflow
splash box, and an additional roof drain line at the Hackberry Pump Station.
5. The total amount of the change order is $183,642.26, which will be charged to the
existing contingency fund. After this change order, the contingency fund will have
an available balance of $346,352.24.
6. An additional 24 calendar days was added to bring the new contract time to 559
calendar days to account for the increased delivery time and additional work.
Recommendation
Previous Action: 2008-556 2009-351 Council Action: Approved
ATTACHMENTS:
Eagle CO 2 (PDF)

None
P0178706
Prepared: 11/18/2009 10:42 AM by Regina Bishop
Last Updated: 11/19/2009 04:31 PM by Regina Bishop
Packet Pg. 434

30
CITY OF IRVING

Eagle Contracting, L.P., which adds 24 calendar days to the contract time for the
MacArthur Pump Station, and the Mayor is authorized to execute the attached
Change Order.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 435

30.a
CHANGE ORDER
CHANGE ORDER NO. 001 PROJECT RESOLUTION NO. 2008-556
CONTRACTOR: b~GLE CONTRACTING. L.P.
ADDRESS: P.O. BOX 1600, KELLER. IX 76244
PROJECT: MACARTHUR PUMP STATION
DATE: f>.UGUST 6. 2009
J ' I~ H. F~~~·.t
I'fl!M
N!J. OU.AJoJTITY ult.... c n U" l'I o~ Of ITE l\1 UNIT .'N le t: ADDl'nO:"i!S NC'l-""
Credit for four (4) Unused Gale

I I L5 Valves $/L5 ($94,070.51 )
..
Proaction Spr inkler System for
2 1 LS $fLS $26,022.20
Control Room
Electr ical Power for new sump
3 1 LS $/LS $7,986.21
at Hackberry Pump Station
-.
Trench Cover at Hackberry
4 I LS S/LS $3,132.60
Pump Station
5 I LS Additional Auger Piles $/LS $76,935.00
Attachment: Eagle CO 2 (3118 : 32 CO 2 Eagle Contracting, L.P., MacArthur PS)

-
6 I LS Contingency $/LS ($20,005 .50)
[ ill S 14,625,000.00
e. l I I $ 0.00
Finul
tTTl O
514,625,0 . .00
Page 1
Packet Pg. 436

30.a
I (WE) DO HEREBY AGREE TO PERFORM THE WORK INDICATED ABOVE UNDER COLUMN
5 AND/OR TO TIlE NON-PERFORMANCE OF THE WORK INDICATED ABOVE UNDER
COLUMN 6 IN CONSIDERATION FOR PAYMENT AND COMPENSATION AS INDICATED
ABOVE AND AS PROVIDED FOR IN THE GENERAL CONDITION OF AGREEMENT.
AGREED:
CONTRACTOR ENGINEER
EAGLE CONTRACTING, L.P. MALCOLM PmNIE) INC.
BILLY HAYNES , PROJECT MANAGER KEVIN MEYERS, P.E.
APPROVAL REQUESTED:
TODD w. RECK, P.E.
WATER UTILITIES DIRECTOR
Attachment: Eagle CO 2 (3118 : 32 CO 2 Eagle Contracting, L.P., MacArthur PS)

APPROVED AND AGREED TO:
HERBERT A. GEARS) MAYOR
Page 2
Packet Pg. 437

31
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3133

Recommending Department: Real Estate & Development LSR No: 10335
Resolution -- Approving an Agreement Between the City of Irving and

Heritage District, LLC for Consulting Services Related to the
Redevelopment of Downtown Irving
and No. 3: Economic Development.
2. Impact: This consulting agreement extends the City’s support of McDougal
Companies’ Heritage Crossing redevelopment efforts.
3. The agreement provides for a three-year extension of the annual retainer and
reimbursement of overhead and third party consultant expenses. The retainer and
reimbursable expenses are reduced over the three-year period and this is intended
to be the final consulting agreement between the parties. The agreement requires
the consultant to repay the City for reimbursed expenses as property is sold or
moved to construction financing.
4. Funding is available in the Economic Development Fund. Later fiscal years will be
subject to annual appropriation.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: Council Action:
Resolution 12-14-06-478 Approval of Memorandum of Understanding
Resolution 2-7-08-059 Approval of Consulting Agreement
.
On December 14, 2006, City Council approved a Memorandum of Understanding between the
City of Irving and Delbert McDougal, by Resolution 12-14-06-478, to begin working on a
master development plan for the South Irving Development Proposal and instructing city staff
to proceed to work with appropriate outside advisors to prepare agreements for City Council
approval to permit the projects to proceed as described.
On February 7, 2008, City Council approved a Consulting Agreement between the City of
Irving and Heritage District, LLC, by Resolution 2-7-2008-059, for services related to the
redevelopment of Downtown Irving, including preparing the zoning overlay district for the
downtown Heritage District and presenting a development proposal requiring a minimum
private investment of $35 million.
ATTACHMENTS:
McDougal Consulting Agreement 2010 FINAL (DOC)
Packet Pg. 438

31

1020-2906-56404-100 Budget: $423,000 Actual: $323,000 - $423,000
Prepared: 11/19/2009 05:29 PM by Cynthia Castro
Packet Pg. 439

31
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Consulting Agreement between
the City of Irving and Heritage District, LLC, for consulting services related to the
redevelopment of Downtown Irving at a fee not to exceed $423,000 in Fiscal Year
2009-2010, a fee not to exceed $225,000 in Fiscal Year 2010-2011, and a fee not to
exceed $162,000 in Fiscal Year 2011-2012, subject to funds being appropriated in the
later fiscal years, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 440

31.a
Consulting Agreement
THIS AGREEMENT is entered into as of the _____ day of December, A.D. 2009, by
Attachment: McDougal Consulting Agreement 2010 FINAL (3133 : 29 Agree Heritage District LLC for Downtown Irving)
and between the City of Irving, Texas, a home rule municipal corporation located in
Dallas County, Texas, hereafter "CITY," and Heritage District, LLC, a Texas limited
liability company, hereafter "CONSULTANT."
WITNESSETH:
In consideration of the premises and mutual covenants herein contained, the parties
agree as follows:
1. Services
The CONSULTANT shall perform the services set out in Exhibit "A" which is
incorporated herein, and hereafter referred to as "the Services."
2. Compensation to Consultant, Reimbursement of City
2.1 CITY shall pay CONSULTANT an annual fee, inclusive of reimbursable expenses
for the Services. CONSULTANT’s annual fee shall be as follows:
2010
• Retainer -- $ 100,000 minimum/$200,000 maximum (Sec. 2.3)

• Reimbursable Expenses -- $ 123,000 (travel, office, auto, expenses)
• 3rd party consultants $ 100,000 (architects, engineers, surveys)
TOTAL $ 323,000 - $423,000

2011
• Retainer -- $ 90,000
TOTAL $ 225,000
2012
• Retainer -- $ 72,000
TOTAL $ 162,000
Consulting Agreement – Page 1

Packet Pg. 441
31.a
2.2 In the event CITY should request additional services not set forth in Exhibit "A,"
CONSULTANT and CITY shall agree on the compensation for those services prior to
performance by CONSULTANT. Performance of these additional services may be
within or without the term of the contract set forth in Section 5 of this agreement. Under
no circumstances will CONSULTANT perform additional services without prior written
authorization from CITY.
2.3 Retainer to CONSULTANT shall be paid as follows:
2010 – The amount of the Retainer shall be a minimum of $100,000 and a maximum of
$200,000 payable as follows:
$100,000 - payable monthly
$25,000 - upon the issuance of a building permit to either an entity related to

Heritage District, LLC or a third party developer on property
purchased from Heritage District, LLC for a second project
separate from the Delaware townhome project
$75,000 - upon the issuance of a building permit to either an entity related to

Heritage District, LLC or a third party developer on property
purchased from Heritage District, LLC for a third, separate project
2011 – The amount of the Retainer shall be payable in monthly increments.
2012 -- The amount of the Retainer shall be payable in monthly increments.
2.4 Based on established overhead, travel and housing costs, expenses shall be
paid to CONSULTANT in monthly installments of 1/12th the amount shown in Section
2.1 and shall not be based on the submission of receipts.
2.5 Third party consultant reimbursement shall be paid monthly based on the
submission of consultant invoices. The annual reimbursement shall not exceed the
amount shown in Section 2.1. Unused 3rd party expenses may be carried to the next
year.
2.6 Upon the sale, or close into construction financing, of any real property
CONSULTANT or its affiliate entities owns within the city, CONSULTANT shall pay
CITY 2% of the sales price as reimbursement for City’s payment of expenses and third
party fees. This obligation shall survive the termination of this Agreement and continue
for as long as CONSULTANT or an affiliated entity owns real property in the city or until
$448,000 has been paid to CITY. Payments to CITY made under this section will be
credited to CONSULTANT’s obligation in this Section 2.6 notwithstanding that it
precedes CITY’s funding of reimbursement requests.
Packet Pg. 442

31.a
3. City Property
During the term of this Agreement, it is CITY’s intent to contribute land banked property
within Heritage Crossing to the redevelopment efforts of CONSULTANT.
CONSULTANT’s cost of this contribution shall be CITY’s original purchase price, plus
the interest that CITY’s investment would have earned from the date of original
purchase to the date of CONSULTANT’s acquisition, plus any other CITY costs
attributable to the property from the date of CITY’s acquisition.
4. Confidential Relationship
4.1 CITY may from time to time communicate to CONSULTANT certain information
to enable CONSULTANT to effectively perform the Services. CONSULTANT shall treat
all such information as confidential, whether or not so identified, and shall not disclose
any part thereof without the prior written consent of CITY. CONSULTANT shall limit the
use and circulation of such information, even within its own organization, to the extent
necessary to perform the Services. The foregoing obligations of this Section 3,
however, shall not apply to any part of the information that (i) has been disclosed in
publicly available sources of information, (ii) is, through no fault of CONSULTANT,
hereafter disclosed in publicly available sources of information, (iii) is now in the
possession of CONSULTANT without any obligation of confidentiality, or (iv) has been
or is hereafter rightfully disclosed to CONSULTANT by a third party, but only to the
extent that the use or disclosure thereof has been or is rightfully authorized by that third
party.
4.2 CONSULTANT shall not disclose any reports, recommendations, conclusions, or

other results of the Services, the existence of, or the subject matter of this contract
without the prior written consent of CITY.
4.3 In its performance hereunder, CONSULTANT shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of
any other person, firm, or corporation.
5. Proprietary Rights
5.1 The work product of the Services, and any writings, discoveries, inventions, and
innovations or data resulting from the Services, shall be promptly communicated to,
and be the property of CITY. All work of third party consultants shall be the property of
the CITY. All contracts between CONSULTANT and third party consultants shall be
fully assignable to CITY and shall identify CITY as the owner of the instruments of
service.
5.2 As instruments of service, all documents, including original drawings, estimates,

and notes shall be available for use by CONSULTANT.
Packet Pg. 443

31.a
6. Term
This agreement shall be effective January 1, 2010, and expire on December 31, 2012.
This agreement shall be subject to termination upon a ninety (90) day written notice at
any time by either party. In the event of termination prior to the expiration date, the
retainer portion of the fee shall be prorated on a monthly rate of $12,500, and actual
reimbursable expenses incurred prior to the termination date shall be paid. This
payment shall be the CITY's sole obligation to the CONSULTANT. In the event of
termination prior to the expiration date, Consultant’s obligation under 2.3 shall be
reduced to the amount of retainer and reimbursable expenses paid at that point. In
addition, upon termination or expiration of this agreement, CONSULTANT shall return
to CITY any and all equipment, documents, or materials, and all copies made thereof,
which CONSULTANT received from, and/or developed for CITY for the purposes of this
agreement.
7. Notices
All notices and billings shall be in writing and sent to the following addresses:
To CITY: City of Irving

825 W. Irving Blvd.
Irving, Texas 75060
Attn: City Manager’s Office
To CONSULTANT: Heritage District, LLC

c/o Delbert McDougal
7008 Salem Avenue
Lubbock, TX 79424
8. General
8.1 The terms and conditions of Sections 2, 3, 4, and 6 hereof shall survive the
termination of this agreement or completion of the Services as the case may be.
8.2 CONSULTANT shall perform the Services as an independent contractor and

shall not be considered an employee of CITY for any purpose whatsoever, including,
but not limited to, entitlement to CITY employee benefits. CONSULTANT hereby
expressly waives any claim or entitlement to such benefits.
8.3 CONSULTANT shall not export, directly or indirectly, any technical data
acquired from under this agreement or any products utilizing any such data to any
country for which the U.S. Government or any agency thereof at the time of export
requires an export license or other government approval without first obtaining such
license or approval.
Packet Pg. 444

31.a
8.4 The waiver or failure of either party to exercise in any respect any right provided
for in this agreement shall not be deemed a waiver of any further right under this
agreement.
8.5 If any provision of this agreement is invalid, illegal, or unenforceable under any
applicable statute, court decision, or rule of law, it is to that extent to be deemed
omitted. The remainder of the agreement shall be valid and enforceable to the
maximum extent possible.
8.6 This agreement shall be governed by the laws of the State of Texas. Venue of
any action arising from this agreement shall be in Dallas County, Texas.
8.7 This agreement may not be modified, altered or amended except by written
instrument duly executed by both parties, except that the address for notice may be
changed unilaterally by either party.
8.8 The above shall constitute the entire understanding between CONSULTANT and
CITY respecting the Services described herein. The terms and conditions of the
purchase order shall have no effect upon this agreement and shall be used for
accounting purposes only.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of
the date first above written.
CITY OF IRVING, TEXAS Heritage District, LLC
By: By:
Herbert A. Gears, Mayor Delbert G. McDougal
Its: __________________________
ATTEST:

City Secretary
Charles R. Anderson
City Attorney
Packet Pg. 445

31.a
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT agrees to perform the following services during the term of this
Agreement:
2010
1. Complete construction of the first building and establish a sales office,

including models, for the townhome project on Delaware between Second
and Fourth Streets
2. Prepare projections for retail development on the south side of Second Street
at Delaware
3. Prepare conceptual building elevations and landscape plans on Irving

Boulevard (O’Connor to Main Street) – to demonstrate expectations
4. Prepare conceptual building elevations and landscape plans on Main Street

(Irving Boulevard to Second Street) – to demonstrate expectations
5. Process a replat, including a request to abandon Beauford Street between

Irving Boulevard and Second Street, to prepare the development site for a
retail/restaurant development
2011
CONSULTANT shall submit a proposed scope of services by September 30, 2010.
2012
CONSULTANT shall submit a proposed scope of services by September 30, 2011.
Packet Pg. 446

32
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3132

Recommending Department: Real Estate & Development LSR No:
Resolution -- Approving a Chapter 380 Economic Development Program

Agreement with Heritage District, LLC, to Facilitate Redevelopment of 501
and 502 West Second Street for the Heritage Crossing Project
2. Impact: This agreement provides funding for a critical property acquisition to
continue the momentum of the Heritage Crossing Project.
3. The property located at 501 and 502 W. Second Street is under contract to be
purchased by Heritage District, LLC. This property will be aggregated with
adjoining properties already owned by Heritage District, LLC, to create a larger site
that will be available for retail/restaurant uses. These two parcels are key to the
creation of a developable site.
4. The proposed agreement provides for the City to fund the purchase of the property
and demolition of the improvements (including all signage) with the city retaining a
first lien on the property. The grant will be repaid upon the first to occur of the
following:
• the properties are sold,
• the properties are rolled into construction financing, or
• upon the application for a building permit on the applicable parcel of land.
5. Funding for the current fiscal year in the amount of $1,000,000.00 is available in the
Economic Development Fund.
Recommendation
Contract Required: Yes Review Completed By:
.
ATTACHMENTS:
RES 380 Agree Heritage District Beauford Project (4) (DOC)

1020-2906-561501-907064 Budget: $1,000,000.00 Actual: $1,000,000.00
Packet Pg. 447

32

Last Updated: 11/24/2009 05:36 PM by Cynthia Castro
Packet Pg. 448

32
CITY OF IRVING
WHEREAS, City has created the South Irving Heritage District Initiative economic
development program for the public purposes of development and diversification of the economy of the
city, to facilitate the acquisition, clean-up and site preparation of select real estate in the target area
(hereafter referred to as “Program”); and
WHEREAS, providing a loan of funds to Owner in exchange for Owner’s completion of land
acquisition will promote local economic development and will facilitate redevelopment of the property
advancing the goals of the Program; and
WHEREAS, CITY has determined that the Program will directly establish a public purpose and
that all transactions involving the use of public funds and resources in the establishment and
administration of the Program contain controls likely to ensure that public purpose is accomplished;
and
WHEREAS, Chapter 380 of the Local Government Code provides statutory authority for
establishing and administering the Program provided herein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached Economic Development
Incentive Agreement between the City of Irving and Heritage District, LLC, in an
amount not to exceed $1,000,000.00 for property located at 501 and 502 West Second
Street, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
Packet Pg. 449

32
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 450

32.a
THE STATE OF TEXAS § CHAPTER 380 PROGRAM

AGREEMENT FOR
ECONOMIC DEVELOPMENT
Attachment: RES 380 Agree Heritage District Beauford Project (4) (3132 : 29 Agree Heritage Dist LLC 380 ED Beauford Proj)
COUNTY OF DALLAS § INCENTIVES
THIS AGREEMENT is executed by and between Heritage District, LLC a Texas

limited liability company (hereafter referred to as “Owner”), its address being 7008
Salem Avenue, Lubbock, Texas 79424-2293, and the CITY OF IRVING, TEXAS, a
home-rule city and municipal corporation of Dallas County, Texas, (hereafter referred to
as “City”).
W I T N E S S E T H:
WHEREAS, City has created the South Irving Heritage District Initiative
economic development program for the public purposes of development and
diversification of the economy of the city, to facilitate the acquisition, clean-up and site
preparation of select real estate in the target area (hereafter referred to as “Program”); and
WHEREAS, providing a loan of funds to Owner in exchange for Owner’s

completion of land acquisition will promote local economic development and will
facilitate redevelopment of the property advancing the goals of the Program; and
WHEREAS, CITY has determined that the Program will directly establish a
public purpose and that all transactions involving the use of public funds and resources in
the establishment and administration of the Program contain controls likely to ensure that
public purpose is accomplished; and
WHEREAS, Chapter 380 of the Local Government Code provides statutory

authority for establishing and administering the Program provided herein; NOW
THEREFORE,
The City and Owner, for and in consideration of the mutual covenants and
promises contained herein, do hereby agree, covenant and contract as set forth below:
1. Definitions.
Property means 2 tracts of land, located in Irving, Texas 75060, described in

Exhibit “A” attached hereto and made a part hereof for all purposes.
Project means aggregation of the Property with Owner’s adjacent property to

create a single development site for a retail/restaurant development along
Beauford Street between Irving Boulevard and Second Street.
Loan Amount means an amount not to exceed One Million Dollars

($1,000,000.00) plus interest as provided herein.
Packet Pg. 451

32.a
2. Term.
This Agreement shall be effective as of the date of execution by all parties. This
Agreement will terminate on the date City has collected from the Owner the Loan
Amount, and interest, pursuant to this Agreement. If on December 30, 2012, the Loan
Amount has not been repaid, the Owner shall repay City the Loan Amount within 30 days
and this Agreement shall terminate.
3. OWNER Requirements.
In consideration of the City entering into this Agreement providing for the
payment of funds constituting a loan, Owner agrees to purchase the Property.
With regard to every parcel of the Property purchased with the Loan, Owner shall
deliver to the City a first lien deed of trust and promissory note in amount equal to the
proportionate share attributable to that parcel’s purchase price, in the form of Exhibit
“B” attached to and incorporated herein executed by Owner and dated the date of the
Loan. Each such promissory note shall become due and payable in full immediately
upon the occurrence of any of the following:
(1) Sale of applicable parcel of the Property,

(2) Obtaining construction financing for improvements upon the applicable
parcel of the Property, or
(3) Application for a building permit for the applicable parcel of the Property.
Owner further agrees to:
(1) Provide proof of ownership of Property on or before December 31, 2009.

(2) Submit an application for the abandonment of Beauford Street no later
than August 15, 2010, followed by a replat application for the Project no
later than December 1, 2010.
(3) Remove all on premise signs by August 1, 2010.
(4) Vacate the structures by and not occupy the structures after August 1,
2010, subject to Seller’s right to extend his occupancy beyond July 31,
2010 due to unforeseen construction delays on Seller’s replacement
facility. Prepare the structures for demolition and the Property for
redevelopment with new structures.
(5) Actively market the Property for redevelopment for retail and restaurant
uses.
(6) With regard to the foregoing dates, the Owner agrees to substantially
perform and provide material progress in performance to achieve those
dates.
(7) Purchase services and materials for the Project from vendors within the
City of Irving, if available in Irving at a competitive price.
(2)
Packet Pg. 452
32.a
(8) Render the Property to the Dallas Central Appraisal District and remain
current on all property taxes for the term of this Agreement.
(9) Covenant and certify that Owner does not and will not knowingly employ
an undocumented worker as that term is defined by Section 2264.01(4) of
the Texas Government Code. In accordance with Section 2264.052 of the
Texas Government Code, if the Owner is convicted of a violation under 8
U.S.D. Section 1324a(f), the Owner shall repay to the City the full amount
of the Grant made under Section 4 of this Agreement, plus ten percent
(10%) per annum from the date the Grant was made. Repayment shall be
paid within one hundred twenty (120) days after the date the Owner
receives notice of violation from the City.
4. Loan by City.
In exchange for Owner’s compliance with all terms and provisions of this
Agreement, City shall provide Owner a loan from lawfully available funds in an amount
not to exceed One Million Dollars ($1,000,000.00) at an interest rate not to exceed 3.5%,
per annum until paid in full.
5. Indemnification.
THE OWNER IN PERFORMING ITS OBLIGATIONS UNDER THIS

AGREEMENT IS ACTING INDEPENDENTLY, AND THE CITY
ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO THIRD
PARTIES IN CONNECTION WITH THE PROPERTY OR
IMPROVEMENTS. THE OWNER AGREES TO INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, AND VOLUNTEERS IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM AND AGAINST CLAIMS, SUITS,
DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, AND
LIABILITY OF EVERY KIND, INCLUDING, BUT NOT LIMITED TO,
EXPENSES OF LITIGATION OR SETTLEMENT, COURT COSTS, AND
ATTORNEYS FEES WHICH MAY ARISE DUE TO ANY DEATH OR
INJURY TO A PERSON OR THE LOSS OF, LOSS OF USE, OR
DAMAGE TO PROPERTY, ARISING OUT OF OR OCCURRING AS A
CONSEQUENCE OF THE PERFORMANCE OF THIS AGREEMENT,
EXCLUDING ANY ERRORS OR OMISSIONS, OR NEGLIGENT ACT
OR OMISSION OF THE CORPORATION, ITS OFFICERS, AGENTS OR
EMPLOYEES.
6. Access to Information.
The Owner agrees to provide the City access to information related to the
Delaware Project during regular business hours upon reasonable notice. The City shall
have the right to require the Owner to submit any necessary information, documents,
invoices, receipts or other records to verify costs and completion of the Project.
(3)
Packet Pg. 453
32.a
7. General Provisions.
a. Mutual Assistance. The Owner and the City shall do all things necessary
or appropriate to carry out the terms and provisions of this Agreement and
to aid and assist each other in carrying out the terms and provisions.
b. Representations and Warranties. The Owner represents and warrants to

the City that it has the requisite authority to enter into this Agreement.
The Owner represents and warrants to the City that it will not violate any
federal, state or local laws in performing work of the Project, that all
proposed work shall conform to the applicable building codes, zoning
ordinances and all other ordinances and regulations.
c. Section or Other Headings. Section or other headings contained in this

Agreement are for reference purposes only and shall not affect in any way
the meaning or interpretation of this Agreement.
d. Attorneys Fees. In the event any legal action or process is commenced to

enforce or interpret provisions of this Agreement, the prevailing party in
any such legal action shall be entitled to recover its necessary and
reasonable attorneys' fees and expenses incurred by reason of such action,
in accordance with Section 271.159 of the Texas Local Government Code.
e. Amendment. This Agreement may only be amended, altered, or revoked

by written instrument signed by the Owner and approved by the City
through its City Council.
f. Binding Agreements; Successors and Assigns. This Agreement shall be

binding on and inure to the benefit of the parties, their respective
successors and assigns. The Owner may assign all or part of its rights and
obligations hereunder only upon prior written approval of the City, which
approval shall not be unreasonably withheld or delayed.
g. Notice. Any notice and/or statement required and permitted to be

delivered shall be deemed delivered by depositing same in the United
States mail, certified with return receipt requested, postage prepaid,
addressed to the appropriate party at the following addresses, or at such
other addresses provided by the parties in writing:
OWNER: Heritage District, LLC

Attn: Delbert G. McDougal, Manager
7008 Salem Avenue
Lubbock, Texas 79424-2293
CITY: City of Irving
(4)
Packet Pg. 454
32.a
City Manager’s Office

825 W Irving Boulevard
Irving, Texas 75060
h. Interpretation. Regardless of the actual drafter of this Agreement, this
Agreement shall, in the event of any dispute over its meaning or
application, be interpreted fairly and reasonably, and neither more strongly
for or against any party.
i. Applicable Law. This Agreement is made, and shall be construed and

interpreted under the laws of the State of Texas and venue shall lie in
Dallas County, Texas.
j. Severability. In the event any provision of this Agreement is illegal,

invalid, or unenforceable under present or future laws, then, and in that
event, it is the intention of the parties hereto that the remainder of this
Agreement shall not be affected thereby, and it is also the intention of the
parties to this Agreement that in lieu of each clause or provision that is
found to be illegal, invalid, or unenforceable a provision be added to this
Agreement which is legal, valid and enforceable and is as similar in terms
as possible to the provision found to be illegal, invalid or unenforceable.
k. Counterparts. This Agreement may be executed in multiple

counterparts, each of which shall be considered an original, but all of
which shall constitute one instrument.
l. Default. If a party should default (the "Defaulting Party") with respect to

any of its obligations hereunder and should fail, within thirty (30) days
after delivery of written notice of such default from another party (the
"Complaining Party") to cure such default, the Complaining Party, by
action or proceeding at law or in equity, may be awarded its damages
and/or specific performance for such default.
m. Covenant Running with the Land. All rights, covenants, restrictions,

burdens, privileges and charges, set forth in this Agreement shall exist at
all times as long as this Agreement is in effect, among all parties having
any right, title or interest in any portion of all of the Property.
n. Force Majeure. If either party hereto shall be delayed or hindered in or

prevented from the performance of any act required hereunder by reason
of strikes, lock-outs, inability to procure materials, failure of power,
governmental moratorium or other governmental action or inaction
(including, failure, refusal or delay in issuing permits, approvals or
authorizations), injunction or court order, terrorist attacks, riots,
insurrection, war, fire, earthquake, flood or other natural disaster or other
reason of a like nature not the fault of the party delaying in performing
(5)
Packet Pg. 455
32.a
work or doing acts required under the terms of this Agreement (but
excluding delays due to financial inability), then performance of such act
shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to
the period of such delay.
o. Independent Parties. Nothing herein shall be construed as creating a

partnership or joint enterprise between the City and the Owner.
Furthermore, the parties hereto acknowledge and agree that the doctrine of
respondeat superior shall not apply between the City and the Owner, nor
between the City and any officer, director, member, agent, employee,
contractor, subcontractor, licensee, or invitee of the Owner.
p. No Rights Conferred on Others. Nothing in this Agreement shall confer

any right upon any person other than the City and the Owner and no other
person is considered a third party beneficiary to this Agreement.
q. Approval Not Guaranteed. Nothing contained in this Agreement shall

be construed as obligating the City to approve any application required for
development of the Property that is not in conformity with the City's
adopted development regulations as of the Effective Date, except as
expressly otherwise contemplated herein.
r. Entire Agreement. This Agreement contains the entire agreement

between the parties with respect to the transaction contemplated herein.
(6)
Packet Pg. 456
32.a
EXECUTED on this _______ day of ___________________________, 2009.
By:
HERBERT A. GEARS, Mayor
ATTEST:
__________________________________
Janice Carroll, City Secretary
CHARLES R ANDERSON, City Attorney
BY:

§ CITY OF IRVING, TEXAS
COUNTY OF DALLAS § Acknowledgment
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared HERBERT GEARS, known to me to be the
person whose name is subscribed above, and acknowledged to me that he executed same
for and as the act and deed of the CITY OF IRVING, TEXAS, a municipal corporation
of the State of Texas, Dallas County, Texas, in the capacity as Mayor thereof, for the
purposes and consideration therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _______ day of
________________, 2009.
____________________________________
Notary Public In and For
The State of Texas
____________________________________
My Commission Expires: Notary's Printed Name
(7)
Packet Pg. 457
32.a
EXECUTED on this _______ day of ___________________________, 2009.
Heritage District, LLC
A Texas limited liability company
By:
Delbert G. McDougal, Manager

§
COUNTY OF DALLAS § Acknowledgment
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Delbert G. McDougal known to me (or proved to
me on the oath of ___________________ or through _____________________
(description of identity card or other document)) 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 Heritage District, LLC and as manager thereof, and for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _______ day of
________________, 2009.
____________________________________
Notary Public In and For
The State of Texas
____________________________________
My Commission Expires: Notary's Printed Name
(8)
Packet Pg. 458
32.a
Exhibit “A”
BEING a tract of land situated in the HIRAM BENNETT SURVEY, ABSTRACT NO. 122 in
the City of Irving, Dallas, County, Texas, and being part of a tract of land as described in deed to
C.P. Schulze recorded in Volume 1663 at Page 522 of the Deed Records of Dallas County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a nail set for corner at the intersection of the West line of Beauford Street (a 60
foot wide right of way) with the North line of West second Street (Eastbound S.H. No. 356 – a
60 foot wide right of way);
THENCE North 89 degrees 12 minutes 26 seconds West along the said North line of W. Second
Street for a distance of 100.00 feet to a ½ inch iron rod set for corner in the East line of a 70 foot
wide Drainage & Utility Easement as described in deed recorded in Volume 4919, page 141 of
the Deed Records, Dallas County, Texas;
THENCE North 05 degrees 16 minutes 05 seconds East along the said East line of Easement for
a distance of 228.10 feet to the South line of a 40’ x 100’ tract to the State of Texas, as described
in deed recorded in Volume 3477 at Page 287 of the Deed Records of Dallas County, Texas;
THENCE in an Easterly direction along the said South line of State of Texas 40’ x 100’ Tract
and a curve to the right having a radius of 5609.5780 feet, a central angle of 00 degrees 17
minutes 56 seconds, a chord of 29.26, and a chord bearing of North 87 degrees 14 minutes 07
seconds East, for an arc distance of 29.26 feet to a point for corner in a one story brick building
and the Southeast corner of said 40’ x 100’ tract;
THENCE North 02 degrees 36 minutes 55 seconds West along the East line of said 40’ x 100’
tract for a distance of 40.00 feet to an aluminum monument found for corner in the South line of
W. Irving Blvd. (Westbound State Highway No. 356), said monument being 80.00 feet South of
the centerline from which an “X” found in concrete bears North 02 degrees 01 minutes 55
seconds East 80.3 feet;
THENCE in an Easterly direction along the said South line of W. Irving Blvd. and along a curve
to the right having a radius of 5649.578 feet, a central angle of 80 degrees 34 minutes 41
seconds, a chord of 56.998 feet and a chord bearing of North 87 degrees 40 minutes 26 seconds
East, for an arc distance of 57.00 feet to a P.K. Nail found in washer for corner at the intersection
of the said West line of Beauford Street with the said South line of W. Irving Blvd.;
THENCE along the said West line of Beauford Street, the following:
South 28 degrees 37 minutes 21 seconds East for a distance of 54.78 feet to

a 3/8 inch iron rod found for corner;
South 21 degrees 44 minutes 25 seconds West for a distance of 85.18 feet to

a P.K. Nail set for corner;
South for a distance of 145.00 feet to the POINT OF BEGINNING.
CONTAINING 24,712 square feet or 0.57 acres of land, more or less.
Packet Pg. 459

Promissory note
First lien deed of trust
Exhibit “B”
32.a
Packet Pg. 460

33
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3089

Resolution -- Approving First Amendment to a Chapter 380 Economic

Development Program Agreement with McDougal Family Partnership, Ltd.,
for the Delaware Project in Connection with Heritage Crossing
2. Impact: This amendment will facilitate property acquisition and continue momentum
of the Heritage Crossing Project.
3. This First Amendment modifies Exhibit “A” of the Agreement to delete the legal
description for Tract 8 and add legal descriptions for Tract 8R and Tract 9.
4. No additional funding is required.
Recommendation
Previous Action: 2009-297 Council Action: Approval of Agreement
.
On July 9, 2009, the City Council approved a Chapter 380 Economic Development Program
with McDougal Family Partnership, Ltd., for the Delaware Project in connection with Heritage
Crossing by adoption of Resolution 2009-297.
ATTACHMENTS:
RES Amend No 1 to Chapt 380 ED Agreement with McDougal Family Partnership Ltd
(PDF)

None
Last Updated: 11/25/2009 11:06 AM by Karen Brophy
Packet Pg. 461

33
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached First Amendment to the
Chapter 380 Economic Development Program agreement between the City of Irving
and McDougal Family Partnership, Ltd., for the Delaware Project in connection with
Heritage Crossing, and the Mayor is authorized to execute said agreement.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 462

33.a
Attachment: RES Amend No 1 to Chapt 380 ED Agreement with McDougal Family Partnership Ltd (3089 : 29 Amend 1 Chapt 380 McDougal
FIRST AMENDMENT TO CHAPTER 380 PROGRAM
AGREEMENT-Delaware Project
This First Amendment to Chapter 380 Program Agreement – (this “First Amendment”) is
entered into as of December 3, 2009, by and between McDougal Family Partnership, Ltd., a
Texas limited partnership (“Partnership”), and the City of Irving, Texas, a municipal corporation
of the State of Texas (the “City”).
RECITALS
A. Effective as of July 9, 2009, the parties entered into that certain Chapter 380
Program Agreement for Economic Development Incentives related to the Delaware Project (the
“Original Agreement”).
B. The parties desire to amend the Original Agreement.
NOW, THEREFORE, for good and valuable consideration, the parties do hereby agree as
follows:
1. Modification to Section 1 of the Original Agreement. Section 1, Definitions, first

paragraph, Property, of the Original Agreement is hereby amended by deleting the current
paragraph Property in its entirety and replacing it with the following:
Property means 9 tracts of land, located in Irving, Texas 75060, described in Exhibit “A”
attached hereto and made a part hereof for all purposes, and other property acquisition as
agreed by the Parties.
2. Modification to Exhibit A of the Original Agreement. Exhibit “A” of the Original

Agreement is hereby amended by deleting the current Exhibit “A” in its entirety and replacing it
with the attached Exhibit “A”.
3. Successors and Assigns. This First Amendment shall be binding upon, and shall
inure to the benefit of the parties hereto and their respective heirs, legal representatives,
successors, and assigns.
4. Modification and Waiver. No supplement, modification, waiver, or termination

of this First Amendment or any provision hereof shall be binding unless executed in writing by
each of Partnership and the City. No waiver of any of the provisions of this First Amendment
shall constitute a waiver of any other provision, nor shall such waiver constitute a continuing
waiver unless otherwise expressly provided. As amended by the First Amendment, the Original
Agreement shall remain in full force and effect.
5. Counterparts. This First Amendment may be executed in counterparts, all of

which together shall constitute one agreement binding on all the parties hereto, notwithstanding
that all such parties are not signatories to the original or the same counterpart. Each party shall
become bound by this First Amendment immediately upon affixing its signature hereto.
-1-
Packet Pg. 463
33.a
6. Applicable Law. This First Amendment shall be construed in accordance with
and governed by the laws of the State of Texas, without regard to the principles of conflicts of
law.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
-2-
Packet Pg. 464
33.a
IN WITNESS WHEREOF, this First Amendment is effective as of the day and year first
above written.
McDOUGAL FAMILY PARTNERSHIP, Ltd
A Texas limited partnership
by DCMC, L.C.
A Texas limited liability company, General Partner
By:
Delbert G. McDougal, Manager
By: ___________________________
Herbert A. Gears, Mayor
ATTEST:
By: _________________________
Janice Carroll
City Secretary
By: _________________________
Charles R. Anderson
City Attorney
Packet Pg. 465

33.a
Exhibit “A”
Legal description of Property:

Tract 1:
Being Lots 9 and 10, in Block 8, of Original Town of Irving, Dallas County, Texas,
according to the Map thereof recorded in Volume 1, Page 214, of the Map Records of
Dallas County, Texas.
Tract 2:
Being Lot 6, in Block 1, of E.G. Senter's First Addition, an Addition to City of Irving,
Dallas County, Texas, according to the Map thereof recorded in Volume 4, Page 203, of
the Map Records of Dallas County, Texas.
Tract 3:
Being Lot 8 and the entire North 25 feet of Lot 9, in Block A, of Irving Oaks Addition, an
Addition to the City of Irving, Dallas County, Texas, according to the Map thereof
recorded in Volume 7, Page 76, Map Records of Dallas County, Texas.
Tract 4:
Being the South 75 feet of Lot 9, Block A, of Irving Oaks Addition, an Addition to the
City of Irving, Dallas County, Texas, according to the Plat thereof recorded in Volume 7,
Page 76, of the Map Records of Dallas County, Texas, SAVE AND EXCEPT three (3)
feet off the entire East side.
Tract 5:
Being Lot 3, in Block E, of Ferguson and Porter's Addition, an Addition to the City of
Irving, Dallas County, Texas, according to the Plat thereof recorded in Volume 2, Page
181, of the Map Records of Dallas County, Texas.
Tract 6:
Being Lot 1, in Block A, of Crossroads-Irving Addition, an Addition to the City of
Irving, Dallas County, Texas, according to the Map thereof recorded in Volume 92236,
Page 4123, of the Map Records of Dallas County, Texas.
Tract 7:
Being the East 3/4 of Lot 16 and all of Lot 17, in Block E, of Senter Park Estates, an
Addition to the City of Irving, Dallas County, Texas, according to Map or Plat thereof
recorded in Volume 16, Page 203, of the Plat Records of Dallas County, Texas, and being
more fully described by metes and bounds as follows:
BEGINNING at an iron pipe found for the Southwest corner of Lot 18 of said Senter
Park Estates;
THENCE Westerly, along the North Right-of-Way line of W. Eleventh Street, a distance
of 120.30 feet to a point for corner, said point being the Southeast corner (10) of a tract of
land conveyed to William Cargill, Jr. and Sybil Stephen by deed recorded in Volume
3487, Page 146, Deed Records, Dallas County, Texas;
Packet Pg. 466

33.a
THENCE North 06 degrees 28 minutes 46 seconds East, along the East line of said
Cargill Tract, a distance of 193.50 feet to a point for corner;
THENCE South 75 degrees 23 minutes 00 seconds East, a distance of 115.00 feet to a

point for corner, said point being the Northwest corner of said Lot 18;
THENCE South 04 degrees 32 minutes 41 seconds West, along the West line of said Lot
18, a distance of 163.10 feet to the Point of Beginning and containing 20.927 square feet
or 0.480 acres of land, more or less.
Tract 8R:
BEING a lot, tract or parcel of land situated in the HENRY GOUGH SURVEY,
ABSTRACT NO. 494, City of Irving, Dallas, County, Texas, being a portion of Lots 13
and 14, in Block E, of SENTER PARK ESTATES, an addition recorded in Volume 16,
Page 203, of the Map Records of Dallas County and being more particularly described by
metes and bounds as follows:
BEGINNING at a found ½-inch iron pipe on the Southwest line of said Lot 13, being on
the Northeast line of Iowa Street (50 foot right-of-way, and the West corner of the herein
described tract);
THENCE North 37 degrees 05 minutes 49 seconds East, departing said Northeast line, a
distance of 192.13 feet to the Northeast line of said Lot 13, being the North corner of this
tract;
THENCE South 73 degrees 23 minutes 00 seconds East (bearing base from the metes and
bounds description of said plat 16/203), a distance of 55.00 feet to a point on the
Northeast line of aforesaid Lot 14, being the East corner of this tract;
THENCE South 25 degrees 46 minutes 13 seconds West, departing said Northeast line, a
distance of 199.70 feet to a point from which a found ½-inch iron pipe bears North 07
degrees 01 minute 09 seconds East, a distance of 0.65 of one foot, said point being on the
Southwest line of said Lot 14, being on the aforesaid Northeast line of Iowa Street, and
being on a curve to the right having a radius of 502.00 feet;
THENCE along said Northeast line and said curve, an arc distance of 92.20 feet, having a
chord bearing and distance of North 62 degrees 38 minutes 05 seconds West – 92.07 feet,
to the POINT OF BEGINNING and containing 14,269 square feet or 0.33 of one acre of
land.
Tract 9:
BEING Lot 18, in Block E, of Senter Park Estates, an Addition to the City of Irving,
Dallas, County, Texas, according to the Map thereof recorded in Volume 16, Page 203,
of the Map Records of Dallas county, Texas.
Packet Pg. 467

34
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3062

Resolution -- Authorizing the Mayor to Execute Amendments to Amended

and Restated Entertainment Center Lease and Development Agreement
with Las Colinas Group, LP
2. Impact: Approval of amendments to the development agreement and lease will
provide additional funding, modify development deadlines and impose an
operational requirement on eight potential concession buildings within the
entertainment venue.
3. The proposed amendments to the entertainment center development agreement will
extend the City’s deadline for determining financing capacity to May 31, 2010, and
authorize payment of additional pre-development expenses in an amount not to
exceed $7,343,911.
4. The proposed amendments to the entertainment center lease agreement require
that operators of all buildings that are not a part of the performance hall building
operate those concessions so that food sales represent 60 percent of the total
gross sales of food and alcoholic beverages for the previous twelve months.
Failure to meet this requirement in two consecutive quarters will result in a fine of
$50,000 payable to the City.
5. Funding will be made available when the Chief Financial Officer certifies that
sufficient funds are available in the Entertainment Venue Fund.
Recommendation
Resolution 2008-581 Approval of Agreement
Resolution 2009-245 Amended and Restated Agreement
On December 11, 2008, the City Council approved Resolution 2008-581, which approved the
Entertainment Center Development Agreement between the City of Irving and Las Colinas
Group, LP, for the design, construction, and operation of an entertainment venue related to
the convention center.
On February 5, 2009, the City Council approved Resolution 2009-65, which approved an
Entertainment Center Lease between the City of Irving and Las Colinas Group, LP, for the
tenancy and operation of the Entertainment Center.
Packet Pg. 468

34
On June 11, 2009, the City Council approved Resolution 2009-245, which approved an
Amended and Restated Entertainment Center Development Agreement between the City of
Irving and Las Colinas Group, LP, for final construction drawings and final engineering.
On June 11, 2009, the City Council approved Resolution 2009-246, which approved an
Amended and Restated Entertainment Center Lease between the City of Irving and Las
Colinas Group, LP, for the tenancy and operation of the Entertainment Center.

Funding for Pre-Development activities for the Entertainment Center is available from Brimer
revenue.
Packet Pg. 469

34
CITY OF IRVING
WHEREAS, on June 11, 2009, the City Council approved Resolution No. RES-2009-245,
which approved an Amended and Restated Entertainment Center Development Agreement between the
City of Irving and Las Colinas Group, LP, for construction drawings and engineering; and
WHEREAS, on June 11, 2009, the City Council approved Resolution No. RES-2009-246,
which approved an Amended and Restated Entertainment Center Lease between the City of Irving and
Las Colinas Group, LP;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached First Amendment to Amended
and Restated Entertainment Center Lease Agreement between the City of Irving and
Las Colinas Group, LP, and the Mayor is authorized to execute said agreement.
SECTION II. THAT the City Council hereby approves the attached First Amendment to Amended
and Restated Entertainment Center Development Agreement between the City of
Irving and Las Colinas Group, LP, for final construction drawings and final
engineering in the amount of $7,343,911.00, and the Mayor is authorized to execute
said agreement.
SECTION III. THAT this expenditure shall be charged to Account No. 4004-1001-77005-908050 as
the Chief Financial Officer certifies there are funds available for the monthly
expenditures.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
Packet Pg. 470

34
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 471

35
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3130

Recommending Department: Irving Convention & Visitors Bureau LSR No:
Resolution -- Authorizing Negotiations Between the City of Irving and

Hunter Public Relations for Sponsorship of the Texas Stadium Implosion
1. This item supports Strategic Goals No. 3: Economic Development and No. 6:
Effective Communications.
2. Impact: The City will benefit by strategically promoting the implosion of Texas
Stadium by bringing media attention and awareness to the City.
3. City staff has been contacted by Hunter Public Relations on behalf of its client
(“Sponsor”) for sponsorship rights associated with the implosion of Texas Stadium
and seeks authority to enter into negotiations for specific promotional rights.
4. Financial considerations to be paid by Sponsor will be determined during the
negotiations and include at a minimum a fixed fee of $75,000 and a substantial
in-kind contribution to local charitable organizations.
5. City staff will coordinate discussions with Texas Stadium Corporation for their
participation in the promotional activities and event.
Recommendation
.

Prepared: 11/18/2009 08:01 PM by Jane Kilburn
Packet Pg. 472

35
CITY OF IRVING

SECTION I. THAT the City Council hereby authorizes the City Manager, or his designee, to
negotiate an agreement between the City of Irving and Hunter Public Relations and/or
its client for sponsorship rights for the Texas Stadium implosion, and the Mayor is
authorized to execute a sponsorship agreement upon approval by the City Attorney.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 473

36
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3097

Recommending Department: Irving Convention & Visitors Bureau LSR No: 10384
Resolution -- Authorizing Change Order No. 2 to Agreement Between the

City of Irving and SMG for Pre-Opening Management Services in
Connection with the Irving Convention Center and for Management
Services for a Five-Year Period for the Irving Convention Center
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
development of the Regional Activity District and Entertainment Center.
2. Impact: The contract impacts City of Irving residents, visitors and businesses by
providing professional management services for the convention center which will
generate additional visitor spending in Irving, thus generating additional community
revenues.
3. City Council Resolution No. 6-28-07-244 approved a contract between the City of
Irving and SMG for fees for pre-opening management services and management
services for the Irving Convention Center for a five-year period.
4. Change Order No. 2 is an administrative action needed to revise the original
documentation to now include finalized expenditures for facility preparation and
internal systems architecture costs, through December 31, 2010.
5. The ICVB Board Destination Development Committee reviewed and approved the
finalized expenditures for facility preparation and internal systems architecture costs
and presented their recommendation at the ICVB Board meeting on November 16,
2009, where it was unanimously approved.
6. Funding in the amount of $1,680,000.00 is available in the Convention Center Fund
and has previously been included in the Convention Center’s Owner Budget,
therefore this change order does not increase the overall total cost of the project.
Recommendation
Previous Action: Res 2-22-07-090 Council Action: Authorized Memorandum of
Understanding to negotiate contract.
Res 6-28-07-244 Award contract to serve as facility operator for
Irving Convention Center
Res-2009-280 Approved Change Order No. 1 to increase
number of months of pre-opening management
services and reimbursable expenses relative to
the Substantial Completion date for the
Convention Center being designated as January
7, 2011 and adjust the date the management
Packet Pg. 474

36
services commence for a five-year period to

October 1, 2010, which will be designated as the
Beneficial Occupancy Date.
.
A detailed breakdown of these costs is attached, as well as a copy of the owner budget.
ATTACHMENTS:
A. RES SMG Change Order No. 2 (PDF)
Irving Convention Center PreOpening rev 112309 thru Dec10 (2) (PDF)

4002-1001-564106-908059 Budget: $1,680,000.00 Actual: $1,680,000.00
Prepared: 11/16/2009 04:46 PM by Jane Kilburn
Packet Pg. 475

36
CITY OF IRVING
WHEREAS, the construction of the Irving Convention Center promotes tourism and the
convention and hotel industry; and
WHEREAS, the City Council approved Resolution No. 6-28-07-244 on June 28, 2007,
authorizing a pre-opening, consultant, and management agreement with SMG, a Pennsylvania
partnership; and
WHEREAS, SMG has submitted a budget for facility preparation and internal systems
architecture, through December 31, 2010, for the Irving Convention Center to the Irving Convention
and Visitors Bureau as required by paragraph 2.1(d); and
WHEREAS, the Irving Convention and Visitors Bureau Board, at its meeting November 16,
2009, approved the budget for facility preparation and internal systems architecture, through December
31, 2010, and recommends its adoption by the City Council;

IRVING, TEXAS:
SMG in the amount of $1,680,000.00 for expenses for building programming and
systems architecture costs, through December 31, 2010, and the Mayor is authorized
to execute the attached Change Order.
__________________________________
Max S. Duplant, CPA
Packet Pg. 476

36
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 477

36.a
Change Order No. 2
***************************************************************************************************
PROJECT: Pre-Opening Management Services DATE: Dec. 3, 2009

and Management Services for Five-
Years for the Irving Convention Center
Attachment: A. RES SMG Change Order No. 2 (3097 : 35 - Change Order No. 2 to SMG Contract)
OWNER: City of Irving
825 W. Irving Boulevard
Irving, TX 75060
CONTRACTOR: SMG
300 Four Falls Corporate Center
300 Conshohocken State Road
West Conshohocken, PA 19428
**************************************************************************************
Change Order No. 2 increases the amount of the agreement between the City of Irving and SMG
to cover expenditures for facility preparation and internal systems architecture costs through
December 31, 2010.
Although the original agreement awarded to SMG provides the details of these particular services
that SMG will provide as part of their role as facility operator, funding was not specified as the
detailed costs are only now being finalized. The details of the facility preparation and internal
systems architecture costs were reviewed and approved by the ICVB Destination Development
Committee and subsequently approved by the ICVB Board off Directors at their meeting on
November 16.
The amount of this change order is $1,680,000.00; funding is available in the Convention Center
Fund and is included in the Convention Center’s Owner Budget, therefore, this change order
does not increase the overall total cost of the project.
***************************************************************************************************
CHANGE IN AMOUNT OF WORK AUTHORIZED:
Original contract amount: $ 249,500.00

(pre-opening management services)
Previous Change Order 150,,000.00
This Change Order: $1,680,000.00
Revised Contract Amount: $2,079,500.00
****************************************************************************************************
Recommended: Approved: Approved:
___________________ ___________________ __________________

Maura Allen Gast, FCDME Herbert A. Gears SMG
ICVB Executive Director Mayor, City of Irving West Conshohocken, PA
November 25, 2009 ______________, 2009 _____________, 2009

j.convctr.chgorder no2 SMG
12/05/09
11/20/2009 11:25:50 PM Packet Pg. 478
36.b
Attachment: Irving Convention Center PreOpening rev 112309 thru Dec10 (2) (3097 : 35 - Change Order No. 2 to SMG Contract)
SMG
IRVING CONVENTION CENTER
PRE-OPENING BUDGET
(April 2009 through December 2010)
(excluding grand opening expenses)
Revised: November 23, 2009
Packet Pg. 479

36.b
SMG
PRE-OPENING BUDGET
FOR PERIOD PRIOR TO FACILITY OPENING-(April 2009- December 2010)
PREOPENING
TOTAL
ADVERTISING, MARKETING & PR $56,625
PERSONNEL 958,800
TAXES & BENEFITS 287,640
LEGAL FEES 5,000
TELEPHONE 9,250
OFFICE SUPPLIES 10,750
COMPUTER EXPENSE 18,000
TRAVEL & ENT./ MTGS. & CONV. 14,000
LICENSES & FEES 0
RELOCATION EXPENSES 45,000
POSTAGE EXPENSE 6,500
TRAINING 4,000
INSURANCE (PROFESSIONAL LIABILITY) 4,500
PRINTING & STATIONERY 15,000
TEMPORARY OFFICES 30,000
EQUIPMENT RENTAL 6,000
DUES & SUBSCRIPTIONS 6,000
CORPORATE TRAVEL 16,000
TOTAL EXPENSES $1,672,063
Packet Pg. 480

SMG

PRE-OPENING BUDGET
BY MONTH
Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09
-31 -30 -29 -28 -27 -26 -25 -24 -23 -22 -21 -20 -19 -18 -17 -16 -15 -14 -13
ADVERTISING, MARKETING & PR - - - - -
PERSONNEL - - - - - - - - - - - - - - - - 12,500 12,875 18,292
TAXES & BENEFITS - - - - - - - - - - - - - - - - 3,750 3,863 5,488
LEGAL FEES - - - - - - - - -
TELEPHONE - - - - - - 250 250 500
OFFICE SUPPLIES - - - - - - 250 250 250
COMPUTER EXPENSE - - - - - - - - -
TRAVEL & ENT./ MTGS. & CONV. - - - - - - - 1,000 1,000
LICENSES & FEES
RELOCATION EXPENSES - 20,000
POSTAGE EXPENSE - - - - - - - - 500
TRAINING - - -
INSURANCE (PROFESSIONAL LIABILITY) - - - - - - - - - - - - 300 300 300
PRINTING & STATIONERY - - - - - - - - -
TEMPORARY OFFICES
EQUIPMENT RENTAL - - - - - - - - -
DUES & SUBSCRIPTIONS - - - - - - - - -
CORPORATE TRAVEL 500 - 1,500 - 500 - 1,500 - 1,500
SMG FEES 6,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000
TOTAL EXPENSES 6,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,500 8,000 9,500 8,000 8,500 8,000 46,550 26,538 35,829
Packet Pg. 481
36.b
SMG

PRE-OPENING BUDGET
BY MONTH
FOR PERIOD PRIOR TO FACILITY OPENING
Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10 Total
-12 -11 -10 -9 -8 -7 -6 -5 -4 -3 -2 -1 Total
ADVERTISING, MARKETING & PR 4,125 4,125 4,125 4,125 4,125 4,125 4,125 4,125 4,125 6,500 6,500 6,500 56,625
PERSONNEL 30,046 34,213 43,379 48,796 56,713 56,713 78,796 78,796 78,796 100,463 154,213 154,213 958,800
TAXES & BENEFITS 9,014 10,264 13,014 14,639 17,014 17,014 23,639 23,639 23,639 30,139 46,264 46,264 287,640
LEGAL FEES 1,250 - - 1,250 - - 1,250 - - 1,250 - - 5,000
TELEPHONE 500 500 500 750 750 750 750 750 750 750 750 750 9,250
OFFICE SUPPLIES 250 750 750 750 750 750 1,000 1,000 1,000 1,000 1,000 1,000 10,750
COMPUTER EXPENSE 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 18,000
TRAVEL & ENT./ MTGS. & CONV. 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 14,000
LICENSES & FEES -
RELOCATION EXPENSES 15,000 10,000 - 45,000
POSTAGE EXPENSE 500 500 500 500 500 500 500 500 500 500 500 500 6,500
TRAINING - - - - - - 1,500 - 2,500 4,000
INSURANCE (PROFESSIONAL LIABILITY) 300 300 300 300 300 300 300 300 300 300 300 300 4,500
PRINTING & STATIONERY - - 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 15,000
TEMPORARY OFFICES 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 30,000
EQUIPMENT RENTAL 500 500 500 500 500 500 500 500 500 500 500 500 6,000
DUES & SUBSCRIPTIONS 500 500 500 500 500 500 500 500 500 500 500 500 6,000
CORPORATE TRAVEL - 1,500 - 1,500 - 1,500 - - 1,500 1,500 1,500 1,500 16,000
SMG FEES 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 11,666 11,666 11,666 178,998
TOTAL EXPENSES 74,985 66,151 78,068 88,110 95,651 107,151 125,860 124,610 126,110 163,067 230,192 232,692 1,672,063
Packet Pg. 482
36.b
SMG
PRE-OPENING BUDGET
STAFFING TIMELINE
Projected Opening: Jan-11

||||||||||
# OF START ANNUAL Apr-09 May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09
MONTHS MONTH SALARY -21 -20 -19 -18 -17 -16 -15 -14 -13
EXECUTIVE
General Manager 16 Sep-09 150,000 - - - - - - |||||||||| |||||||||| ||||||||||
Executive Assistant 13 Dec-09 35,000 - - - - - - - - -
FINANCE
Director of Finance 10 Mar-10 65,000 - - - - - - - - -
Accounting Manager 4 Sep-10 45,000 - - - - - - - - -
Human Resources Administrator 9 Apr-10 40,000 - - - - - - - - -
A/P, A/R, Payroll Clerk 3 Oct-10 35,000 - - - - - - - - -
SALES & MARKETING

Director of Sales & Marketing 14 Nov-09 65,000 - - - - - - - - ||||||||||
Sales Manager 12 Jan-10 50,000 - - - - - - - - -
Sales Manager 7 Jun-10 45,000 - - - - - - - - -
Sales Assistant 13 Dec-09 35,000 - - - - - - - - -
EVENT SERVICES
Director of Event Services Jan-11 - - - - - - - - - -
Event Manager 11 Feb-10 45,000 - - - - - - - - -
Event Manager 7 Jun-10 45,000 - - - - - - - - -
Event Services Coordinator 7 Jun-10 35,000 - - - - - - - - -
OPERATIONS
Director of Operations 13 Dec-09 70,000 - - - - - - - - -
Admin Assistant 7 Jun-10 35,000 - - - - - - - - -
Operations Manager 7 Jun-10 45,000 - - - - - - - - -
Chief Engineering 9 Apr-10 55,000 - - - - - - - - -
Building Engineer 4 Sep-10 50,000 - - - - - - - - -
Building Engineer 3 Oct-10 50,000 - - - - - - - - -
Crew Leader 3 Oct-10 35,000 - - - - - - - - -
Crew Leader 3 Oct-10 35,000 - - - - - - - - -
Security Manager 4 Sep-10 40,000 - - - - - - - - -
Security Supervisor 3 Oct-10 35,000 - - - - - - - - -
Security Guard #1 3 Oct-10 27,500 - - - - - - - - -
Setup/Cleaning Staff #1 3 Oct-10 25,000 - - - - - - - - -
IT/TELECOM
IT Manager 4 Sep-10 45,000 - - - - - - - - -
IT Technician 3 Oct-10 - - - - - - - - -
PARKING
Garage Manager 3 Oct-10 45,000 - - - - - - - - -
Assistant Manager 3 Oct-10 35,000 - - - - - - - - -
Garage Accounting Manager 3 Oct-10 40,000 - - - - - - - - -
FOOD & BEVERAGE

Director of F&B 11 Feb-10 65,000 - - - - - - - - -
Chef 7 Jun-10 60,000 - - - - - - - - -
Sous Chef 4 Sep-10 45,000 - - - - - - - - -
Catering Manager 7 Jun-10 45,000 - - - - - - - - -
Beverage Manager 4 Sep-10 35,000 - - - - - - - - -
Steward 3 Oct-10 25,000 - - - - - - - - -
Packet Pg. 483
36.b
SMG
PRE-OPENING BUDGET
STAFFING TIMELINE
FOR PERIOD PRIOR TO FACILITY OPENING-(April 2009-
Projected Opening: Jan-11

||||||||||
# OF START ANNUAL Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Jul-10 Aug-10 Sep-10 Oct-10
MONTHS MONTH SALARY -12 -11 -10 -9 -8 -7 -6 -5 -4 -3
EXECUTIVE
General Manager 16 Sep-09 150,000 |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
Executive Assistant 13 Dec-09 35,000 |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
FINANCE
Director of Finance 10 Mar-10 65,000 - - - |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
Accounting Manager 4 Sep-10 45,000 - - - - - - - - - ||||||||||
Human Resources Administrator 9 Apr-10 40,000 - - - - |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
A/P, A/R, Payroll Clerk 3 Oct-10 35,000 - - - - - - - - - -
SALES & MARKETING

Director of Sales & Marketing 14 Nov-09 65,000 |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
Sales Manager 12 Jan-10 50,000 - |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
Sales Manager 7 Jun-10 45,000 - - - - - - |||||||||| |||||||||| |||||||||| ||||||||||
Sales Assistant 13 Dec-09 35,000 |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
EVENT SERVICES
Director of Event Services Jan-11 - - - - - - - - - - -
Event Manager 11 Feb-10 45,000 - - |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
Event Manager 7 Jun-10 45,000 - - - - - - |||||||||| |||||||||| |||||||||| ||||||||||
Event Services Coordinator 7 Jun-10 35,000 - - - - - - |||||||||| |||||||||| |||||||||| ||||||||||
OPERATIONS
Director of Operations 13 Dec-09 70,000 |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
Admin Assistant 7 Jun-10 35,000 - - - - - - |||||||||| |||||||||| |||||||||| ||||||||||
Operations Manager 7 Jun-10 45,000 - - - - - - |||||||||| |||||||||| |||||||||| ||||||||||
Chief Engineering 9 Apr-10 55,000 - - - - |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
Building Engineer 4 Sep-10 50,000 - - - - - - - - - ||||||||||
Building Engineer 3 Oct-10 50,000 - - - - - - - - - -
Crew Leader 3 Oct-10 35,000 - - - - - - - - - -
Crew Leader 3 Oct-10 35,000 - - - - - - - - - -
Security Manager 4 Sep-10 40,000 - - - - - - - - - ||||||||||
Security Supervisor 3 Oct-10 35,000 - - - - - - - - - -
Security Guard #1 3 Oct-10 27,500 - - - - - - - - - -
Setup/Cleaning Staff #1 3 Oct-10 25,000 - - - - - - - - - -
IT/TELECOM
IT Manager 4 Sep-10 45,000 - - - - - - - - - ||||||||||
IT Technician 3 Oct-10 - - - - - - - - - -
PARKING
Garage Manager 3 Oct-10 45,000 - - - - - - - - - -
Assistant Manager 3 Oct-10 35,000 - - - - - - - - - -
Garage Accounting Manager 3 Oct-10 40,000 - - - - - - - - -
FOOD & BEVERAGE

Director of F&B 11 Feb-10 65,000 - - |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| |||||||||| ||||||||||
Chef 7 Jun-10 60,000 - - - - - - |||||||||| |||||||||| |||||||||| ||||||||||
Sous Chef 4 Sep-10 45,000 - - - - - - - - -
Catering Manager 7 Jun-10 45,000 - - - - - - |||||||||| |||||||||| ||||||||||
Beverage Manager 4 Sep-10 35,000 - - - - - - - - -
Steward 3 Oct-10 25,000 - - - - - - - - -
Packet Pg. 484
36.b
SMG

PRE-OPENING BUDGET
MONTHLY STAFFING COSTS
FOR PERIOD PRIOR TO FACILITY OPENING-(April 2009- December 2010
# OF START START ANNUAL Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09
MONTHS MONTH SALARY -31 -30 -29 -28 -27 -26 -25 -24 -23 -22 -21 -20 -19
PAYROLL BUDGET # OF MOS START START ANNUAL
EXECUTIVE
General Manager 16 Sep-09 Sep-09 150,000 - - - - - - - - - - - - -
Executive Assistant 13 Dec-09 Dec-09 35,000 - - - - - - - - - - - - -
FINANCE
Director of Finance 10 Mar-10 Mar-10 65,000 - - - - - - - - - - - - -
Accounting Manager 4 Sep-10 Sep-10 45,000 - - - - - - - - - - - - -
Human Resources Administrato 9 Apr-10 Apr-10 40,000 - - - - - - - - - - - - -
A/P, A/R, Payroll Clerk 1 Oct-10 Oct-10 35,000 - - - - - - - - - - - - -
SALES & MARKETING

Director of Sales & Marketing 14 Nov-09 Nov-09 65,000 - - - - - - - - - - - - -
Sales Manager 12 Jan-10 Jan-10 50,000 - - - - - - - - - - - - -
Sales Assistant 13 Dec-09 Dec-09 35,000 - - - - - - - - - - - - -
EVENT SERVICES
Director of Event Services 0 Jan-11 Jan-11 - - - - - - - - - - - - - -
Event Manager 11 Feb-10 Feb-10 45,000 - - - - - - - - - - - - -
Event Manager 7 Jun-10 Jun-10 45,000 - - - - - - - - - - - - -
Event Services Coordinator 7 Jun-10 Jun-10 35,000 - - - - - - - - - - - - -
OPERATIONS
Director of Operations 13 Dec-09 Dec-09 70,000 - - - - - - - - - - - - -
Admin Assistant 7 Jun-10 Jun-10 35,000 - - - - - - - - - - - - -
Operations Manager 7 Jun-10 Jun-10 45,000 - - - - - - - - - - - - -
Chief Engineering 9 Apr-10 Apr-10 55,000 - - - - - - - - - - - - -
Building Engineer 4 Sep-10 Sep-10 50,000 - - - - - - - - - - - - -
Building Engineer 3 Oct-10 Oct-10 50,000 - - - - - - - - - - - - -
Building Engineer 3 Oct-10 Oct-10 50,000 - - - - - - - - - - - - -
Crew Leader 3 Oct-10 Oct-10 35,000 - - - - - - - - - - - - -
Crew Leader 3 Oct-10 Oct-10 35,000 - - - - - - - - - - - - -
Security Manager 4 Sep-10 Sep-10 40,000 - - - - - - - - - - - - -
Security Supervisor 3 Oct-10 Oct-10 35,000 - - - - - - - - - - - - -
Security Guard #1 3 Oct-10 Oct-10 27,500 - - - - - - - - - - - - -
Setup/Cleaning Staff #1 3 Oct-10 Oct-10 25,000 - - - - - - - - - - - - -
IT/TELECOM
IT Manager 4 Sep-10 Sep-10 45,000 - - - - - - - - - - - - -
IT Technician 3 Oct-10 Oct-10 - - - - - - - - - - - - - -
PARKING
Garage Manager 3 Oct-10 Oct-10 45,000 - - - - - - - - - - - - -
Assistant Manager 3 Oct-10 Oct-10 35,000 - - - - - - - - - - - - -
Garage Accounting Manager 3 Oct-10 Oct-10 40,000 - - - - - - - - - - - - -
FOOD & BEVERAGE

Director of F&B 11 Feb-10 Feb-10 65,000 - - - - - - - - - - - - -
Chef 7 Jun-10 Jun-10 60,000 - - - - - - - - - - - - -
Sous Chef 4 Sep-10 Sep-10 45,000 - - - - - - - - - - - - -
Catering Manager 7 Jun-10 Jun-10 45,000 - - - - - - - - - - - - -
Beverage Manager 4 Sep-10 Sep-10 35,000 - - - - - - - - - - - - -
Steward 3 Oct-10 Oct-10 25,000 - - - - - - - - - - - - -
- - - - - - - - - - - - -
Packet Pg. 485
36.b
SMG

PRE-OPENING BUDGET
MONTHLY STAFFING COSTS
FOR PERIOD PRIOR TO FACILITY OPENING-(April 2009- December 2
# OF START START ANNUAL Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10
MONTHS MONTH SALARY -18 -17 -16 -15 -14 -13 -12 -11 -10 -9 -8 -7 -6 -5 -4 -3 -2 -1 Total
PAYROLL BUDGET # OF MOS START START ANNUAL Total

Pre-Opening
EXECUTIVE
General Manager 16 Sep-09 Sep-09 150,000 - - - 12,500 12,875 12,875 12,875 12,875 12,875 12,875 12,875 12,875 12,875 12,875 12,875 12,875 12,875 12,875 192,750
Executive Assistant 13 Dec-09 Dec-09 35,000 - - - - - - 3,004 3,004 3,004 3,004 3,004 3,004 3,004 3,004 3,004 3,004 3,004 3,004 36,050
FINANCE
Director of Finance 10 Mar-10 Mar-10 65,000 - - - - - - - - - 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 48,750
Accounting Manager 4 Sep-10 Sep-10 45,000 - - - - - - - - - - - - - - - 3,750 3,750 3,750 11,250
Human Resources Administrato 9 Apr-10 Apr-10 40,000 - - - - - - - - - - 3,333 3,333 3,333 3,333 3,333 3,333 3,333 3,333 26,667
A/P, A/R, Payroll Clerk 1 Oct-10 Oct-10 35,000 - - - - - - - - - - - - - - - - 2,917 2,917 5,833
SALES & MARKETING

Director of Sales & Marketing 14 Nov-09 Nov-09 65,000 - - - - - 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 70,417
Sales Manager 12 Jan-10 Jan-10 50,000 - - - - - - - 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 45,833
Sales Assistant 13 Dec-09 Dec-09 35,000 - - - - - - 2,917 2,917 2,917 2,917 2,917 2,917 2,917 2,917 2,917 2,917 2,917 2,917 35,000
EVENT SERVICES
Director of Event Services 0 Jan-11 Jan-11 - - - - - - - - - - - - - - - - - - - -
Event Manager 11 Feb-10 Feb-10 45,000 - - - - - - - - 3,750 3,750 3,750 3,750 3,750 3,750 3,750 3,750 3,750 3,750 37,500
Event Manager 7 Jun-10 Jun-10 45,000 - - - - - - - - - - - - 3,750 3,750 3,750 3,750 3,750 3,750 22,500
Event Services Coordinator 7 Jun-10 Jun-10 35,000 - - - - - - - - - - - - 2,917 2,917 2,917 2,917 2,917 2,917 17,500
OPERATIONS
Director of Operations 13 Dec-09 Dec-09 70,000 - - - - - - 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 5,833 70,000
Admin Assistant 7 Jun-10 Jun-10 35,000 - - - - - - - - - - - - 2,917 2,917 2,917 2,917 2,917 2,917 17,500
Operations Manager 7 Jun-10 Jun-10 45,000 - - - - - - - - - - - - 3,750 3,750 3,750 3,750 3,750 3,750 22,500
Chief Engineering 9 Apr-10 Apr-10 55,000 - - - - - - - - - - 4,583 4,583 4,583 4,583 4,583 4,583 4,583 4,583 36,667
Building Engineer 4 Sep-10 Sep-10 50,000 - - - - - - - - - - - - - - - 4,167 4,167 4,167 12,500
Building Engineer 3 Oct-10 Oct-10 50,000 - - - - - - - - - - - - - - - - 4,167 4,167 8,333
Building Engineer 3 Oct-10 Oct-10 50,000 - - - - - - - - - - - - - - - - 4,167 4,167 8,333
Crew Leader 3 Oct-10 Oct-10 35,000 - - - - - - - - - - - - - - - - 2,917 2,917 5,833
Crew Leader 3 Oct-10 Oct-10 35,000 - - - - - - - - - - - - - - - - 2,917 2,917 5,833
Security Manager 4 Sep-10 Sep-10 40,000 - - - - - - - - - - - - - - - 3,333 3,333 3,333 10,000
Security Supervisor 3 Oct-10 Oct-10 35,000 - - - - - - - - - - - - - - - - 2,917 2,917 5,833
Security Guard #1 3 Oct-10 Oct-10 27,500 - - - - - - - - - - - - - - - - 2,292 2,292 4,583
Setup/Cleaning Staff #1 3 Oct-10 Oct-10 25,000 - - - - - - - - - - - - - - - - 2,083 2,083 4,167
IT/TELECOM
IT Manager 4 Sep-10 Sep-10 45,000 - - - - - - - - - - - - - - - 3,750 3,750 3,750 11,250
IT Technician 3 Oct-10 Oct-10 - - - - - - - - - - - - - - - - - - - -
PARKING
Garage Manager 3 Oct-10 Oct-10 45,000 - - - - - - - - - - - - - - - - 3,750 3,750 7,500
Assistant Manager 3 Oct-10 Oct-10 35,000 - - - - - - - - - - - - - - - - 2,917 2,917 5,833
Garage Accounting Manager 3 Oct-10 Oct-10 40,000 - - - - - - - - - - - - - - - - 3,333 3,333 6,667
FOOD & BEVERAGE

Director of F&B 11 Feb-10 Feb-10 65,000 - - - - - - - - 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 54,167
Chef 7 Jun-10 Jun-10 60,000 - - - - - - - - - - - - 5,000 5,000 5,000 5,000 5,000 5,000 30,000
Sous Chef 4 Sep-10 Sep-10 45,000 - - - - - - - - - - - - - - - 3,750 3,750 3,750 11,250
Catering Manager 7 Jun-10 Jun-10 45,000 - - - - - - - - - - - - 3,750 3,750 3,750 3,750 3,750 3,750 22,500
Beverage Manager 4 Sep-10 Sep-10 35,000 - - - - - - - - - - - - - - - 2,917 2,917 2,917 8,750
Steward 3 Oct-10 Oct-10 25,000 - - - - - - - - - - - - - - - - 2,083 2,083 4,167
- - - 12,500 12,875 18,292 30,046 34,213 43,379 48,796 56,713 56,713 78,796 78,796 78,796 100,463 154,213 154,213 958,800
Packet Pg. 486
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3085

Recommending Department: Police LSR No: N/A
Resolution -- Approving and Accepting the Bid of GT Distributors, Inc., for

an Annual Contract to Supply Tactical Ammunition
2. This item has been recommended by Police.
3. Impact: Purchase of this ammunition provides the City’s police officers with the
necessary supplies to conduct firearms training and qualification.
4. This award establishes a new annual contract to provide tactical ammunition.
2009, through September 30, 2010, is available in the General Fund.
Recommendation
Contract Required: N/A Review Completed By: N/A
Comments: Purchasing sent solicitation notices to nine vendors and received one response.
The only bidder meets specifications and is recommended for award. The award for #029M-
10F is in the total net estimated amount of $68,519.00 for ten months with two renewal
options. This contract is being awarded through September 2010 to coincide with the renewal
period on the annual contract for the other Police ammunition.
ATTACHMENTS:
Response Summary (PDF)

1001-0421-52601-200 Budget: $68,519.00 Est. Award: $68,519.00
Purchase orders will be issued as needed for annual contract.
Prepared: 11/13/2009 02:01 PM by Marsha Hughes
Last Updated: 11/18/2009 06:16 PM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of GT Distributors, Inc.,
in the net estimated amount of $68,519.00 for the period of December 3, 2009,
through September 30, 2010, for Tactical Ammunition, and awards the contract to
said company in said amount, and authorizes the Mayor to execute any necessary
contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 488

City of Irving, Texas
Response Summary
Tactical Ammunition
ITB Number: 029M-10F
ITB Closing Date: October 30, 2009
Purchasing Agent: Marsha Hughes, 972-721-3754
*Recommended for Award
VENDORS *GT Distributors, Inc.
Item Est. Qty. Description Unit Price Total Price
Rounds
1 120,000 Federal / FC XM193A 55 gr. 223 caliber $0.296 $35,520.00
2 26,000 Federal / FC T223F 55 gr. 223 caliber $0.639 $16,614.00
3 5,000 Federal / FC LE223T 62 gr. .223 caliber $1.287 $6,435.00
4 10,000 Speer Lawman .357 SIG 125 gr FMJ $0.221 $2,210.00
Federal / FC-GM308M 168 gr. SBHP

5 10,000 $0.774 $7,740.00
(all cases must be from the same lot number)
Payment Discount - Net 30 $0.00
GRAND TOTAL $68,519.00

Packet Pg. 489
37.a
Attachment: Response Summary (3085 : 30P04 Tactical Ammunition)
38
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3082

Recommending Department: Fire LSR No: N/A
Resolution -- Approving the Purchase from Metro Fire Apparatus

Specialists, Inc., for Tools and Equipment for the Urban Search and
Rescue (USAR) Truck through the State of Texas Local Government
2. This item has been recommended by Fire.
3. Impact: Fully equipping this truck will enable rescue workers to respond to disaster
situations and maintain safety to the highest degree.
4. Funding in the net amount of $105,227.00 is available in the Non-Bond CIP Fund.
Recommendation
Comments: The City of Irving entered into an Interlocal Participation Agreement with the Texas Local
Government Statewide Purchasing Cooperative Purchasing Program administered by the Texas
Association of School Boards (the BuyBoard Program) on January 11, 2001, and renewed February
20, 2007. This purchase meets competitive bid requirements with the State of Texas statutes, rules,
policies, and procedures. Pricing is reasonable, within budget, and Purchasing assigned #070M-10F
to this item for tracking purposes.
ATTACHMENTS:
Vendor Pricing (PDF)

4001-0552-75301-9100 Budget: $105,227.00 Actual: $105,227.00
P0184209
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Metro Fire Apparatus
Specialists, Inc., in the net amount of $105,227.00 for Tools and Equipment for the
Urban Search and Rescue Truck, through the State of Texas Local Government
Statewide Cooperative Purchasing Program administered by the Texas Association of
School Boards (the BuyBoard Program), and awards the contract to said company in
said amount, and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 491

38.a
Packet Pg. 492

Attachment: Vendor Pricing (3082 : 30P04 Tools and Equipment for USAR Truck)
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Packet Pg. 493

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Packet Pg. 494

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Packet Pg. 495

39
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 2915

Recommending Department: Fire LSR No: N/A
Resolution -- Approving the Purchase from Metro Fire Apparatus

Specialists, Inc., for Fire Engines (Pumpers) through the Houston-
Galveston Area Council of Governments (H-GAC) Interlocal Cooperative
Purchasing Program
Environmentally Sustainable Community.
2. This item has been recommended by Fire and approved by Intergovernmental
Services.
3. Impact: Replacement pumpers will provide Fire with even more effective
equipment to improve performance, reduce energy costs, and improve air quality,
by having new energy efficient engines. This timely purchase avoids an estimated
$35,300.00 in unfunded 2010 EPA mandates.
4. These two 1,500 gallon per minute Crimson Fire Pumpers on Spartan Custom
Chassis are replacements for two 1999 pumpers, City Tags No. 05088 and
No. 05089, which are being retired in accordance with the City’s equipment
replacement policy.
5. Funding in the net amount of $1,058,512.00 is available in the Non Bond CIP Fund
through the use of a lease/purchase financing agreement.
Recommendation
Comments: The City of Irving entered into an Interlocal Cooperative Purchasing Agreement
with Houston-Galveston Area Council of Governments (H-GAC) on October 15, 1992. This
purchase meets competitive bid requirements with the State of Texas statutes, rules, policies
and procedures. Purchasing assigned #061D-10F to this item for tracking purposes.
ATTACHMENTS:
Vendor Pricing Summary (PDF)
Packet Pg. 496

39

4001-0512-75402-9100 Budget: $1,058,512.00 Actual: $1,058,512.00
P0184110
Prepared: 9/3/2009 09:14 AM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Metro Fire Apparatus
Specialists, Inc., in the net amount of $1,058,512.00 for Fire Engines (Pumpers)
through the Houston-Galveston Area Council of Governments (H-GAC) Interlocal
Cooperative Purchasing Program, and awards the contract to said company in said
amount, and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 498

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Packet Pg. 499

Attachment: Vendor Pricing Summary (2915 : 30P05 Awd Fire Pumpers)
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Packet Pg. 500

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Packet Pg. 501

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Packet Pg. 502

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Packet Pg. 503

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Packet Pg. 504

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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3090

Recommending Department: Intergovernmental Services LSR No: N/A
Resolution -- Renewing Annual Contract with Office Depot to Provide

Office Supplies
1. This item supports Strategic Goal No. 8. Sound Governance.
2. This item has been recommended by Intergovernmental Services - Purchasing.
3. Impact: City staff will continue to conveniently purchase office supplies both on-line
and in store at significant savings, contributing to greater productivity and increasing
P-card rebates.
4. This renewal establishes the continuation of an annual contract to provide office
supplies. The original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $225,000.00 for the period of January 1,
General Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation
Previous Action: RES-2009-22 Council Action: Approved award for one year
Comments: Service provided by the vendor is exceptional; pricing remains the same and is
very competitive. This is the first of three renewal options for #072E-10F in the total net
estimated amount of $300,000.00 for one year.

Various Accounts Budget: $225,000.00 Actual: $225,000.00
Purchases will be made by P-cards as needed for this annual contract.
Prepared: 11/14/2009 03:53 PM by Ed Matthews
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Office Depot in the
net estimated amount of $225,000.00 for the period of January 1, 2010, through
September 30, 2010, and in the net estimated amount of $75,000 for the period of
October 1, 2010, through December 31, 2010, subject to funds being appropriated in
Fiscal Year 2010-11, for Office Supplies, and awards the renewal contract to said
company in said amount, and authorizes the Mayor to execute any necessary contract.
SECTION II. THAT this expenditure shall be charged to various accounts.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 506

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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3070

Resolution -- Approving a Mutual Cooperative Purchasing Agreement

Between the City of Irving and the City of Rowlett
2. This item has been recommended by Intergovernmental Services – Purchasing.
3. Impact: Entering into this mutual cooperative purchasing agreement allows both
governmental entities to utilize each others contracts for various goods and services
for anticipated savings to each entity.
Recommendation
Contract Required: Yes Review Completed By: City’s Standard Agmt.
Comments: The purpose of this agreement is to enable the City of Rowlett to purchase
software awarded through a City of Irving competitively solicited contract. The City will also
be able to procure goods and services contracted by Rowlett when it is in the City’s best
interest. The City of Irving encourages cooperative purchasing with other government entities
as a valuable tool for obtaining goods or services at a competitive cost in a timely manner.
ATTACHMENTS:
RES Mutual Cooperative Purchasing Agreement (PDF)

None
Packet Pg. 507

41
CITY OF IRVING
WHEREAS, this agreement is authorized by Chapter 791 of the Texas Government Code and
Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 791.011 of the Texas Government Code authorizes a local government to
contract or agree with another local government to perform governmental functions and services; and
WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local
government to participate in a cooperative purchasing program with another local government or a
local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a cooperative
purchasing program with another local government satisfies the requirement of the local government to
seek competitive bids for the purchase of the goods and services; and
WHEREAS, participation in a cooperative purchasing program will be highly beneficial to

Rowlett and Irving through the anticipated savings to be realized and is of mutual concern to the
contracting parties;

IRVING, TEXAS:
Irving and the City of Rowlett for the participation of the City of Rowlett and the City
of Irving in performing governmental functions and services, and for participation in
various contracts for the purchase of goods and services, and the Mayor is authorized
to execute said agreement.
Packet Pg. 508

41
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 509

41.a
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Attachment: RES Mutual Cooperative Purchasing Agreement (3070 : 30P Cooperative Purchasing with City of Rowlett)
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (“Agreement”) is by and between the City of

Rowlett (“Rowlett”), and the City of Irving, Texas (“Irving”), acting by and through their
authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government

Code and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 791.011 of the TEX .GOV’T. CODE authorizes a local government
to contract or agree with another local government to perform governmental functions and
services; and
WHEREAS, Section 271.102 of the TEX. LOC. GOV’T CODE authorizes a local
government to participate in a Cooperative Purchasing Program with another local government
or a local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a

Cooperative Purchasing Program with another local government satisfies the requirement of the
local government to seek competitive bids for the purchase of the goods and materials; and
WHEREAS, each party has and will on an annual basis obtain competitive bids for the
purchase of goods and services; and
WHEREAS, the parties desire to enter into a cooperative purchasing program which will
allow each party to purchase under goods and services under each other’s competitively bid
contracts pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T CODE;
NOW THEREFORE, in consideration of the mutual covenants and promises contained

herein, the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is for the City of Irving and the City of Rowlett to
participate in each entities’ training and establish a cooperative purchasing program between the
parties, which will allow each party to purchase goods and services under each other’s
competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T
CODE.
Page 1
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41.a
ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on the last
date of execution hereof (“Effective Date”). Thereafter this Agreement shall automatically
renew for successive periods of one (1) year each under the terms and conditions stated herein,
unless sooner terminated as provided herein.
ARTICLE III
TERMINATION
Either party may terminate this Agreement by providing thirty (30) days prior written
notice to the other party.
ARTICLE IV
PURCHASING
The City Manager of Rowlett and the designee of Irving are hereby authorized to act on
behalf of the respective party in all matters relating to this cooperative purchasing program.
Each party shall make payments to the other party or directly to the vendor under the contract
made pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T CODE. Each party shall be
responsible for the respective vendor’s compliance with provisions relating to the quality of
items and terms of delivery.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership, association, joint venture or trust.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed
received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt
Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the
address set forth below the signature of the party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement of both
parties hereto.
5.4 Severability: In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
Page 2
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41.a
5.5 Governing Law: The validity of this Agreement and any of its terms and provisions as
well as the rights and duties of the parties, shall be governed by the laws of the State of Texas;
and venue for any action concerning this Agreement shall be in the State District Court of Dallas
County, Texas.
5.6 Entire Agreement: This Agreement represents the entire agreement among the parties
with respect to the subject matter covered by this Agreement. There is no other collateral, oral or
written agreement between the parties that in any manner relates to the subject matter of this
Agreement.
5.7 Recitals: The recitals to this Agreement are incorporated herein.
5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of
whom shall be deemed an original and constitute one and the same instrument.
EXECUTED this _____ day of __________________, 2009.
CITY OF ROWLETT, TEXAS
By:
ATTEST: Lynda K. Humble, City Manager
_______________________________
_______________________________
Legal Counsel
City of Rowlett, Texas
EXECUTED this _____ day of __________________, 2009.
By:
HERBERT A. GEARS, MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
City of Irving Attorney’s Office
Page 3
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3092

Resolution -- Approving and Accepting the Bids of Butler Animal Health

Supply LLC; IDEXX Distribution, Inc.; X-Ray Sales & Service Co.; and ISI
Commercial Refrigeration, Inc., for Equipment for the New Animal Care
Campus
1. This item supports Strategic Goals No. 8: Sound Governance.
2. This item has been recommended by Intergovernmental Services – Animal

Services and approved by Capital Improvement Program Team.
3. Impact: This state of the art veterinary equipment will allow Animal Services to
provide advanced medical care and treatment to animals at the new Irving Animal
Care Campus.
4. Some items included in this award are: a microscope, an x-ray machine, a blood
analyzer machine, grooming tubs, spray units, a surgical table, surgical ceiling
lights, scales, and dish machines.
5. Funding in the net amount of $159,623.00 is available in the Animal Shelter
Construction Bond Fund.
Butler Animal Health Supply LLC 1-10 and 12 $ 24,533.00
IDEXX Distribution, Inc. 11 and 14 $ 41,190.00
X-Ray Sales & Service Co. 13 $ 43,800.00
ISI Commercial Refrigeration, Inc. 15 $ 50,100.00
Recommendation
Comments: Purchasing sent solicitation notices to 35 vendors and received six responses.
The only bidders for Items 1-10, 12, and 14, and the lowest bidders for Items 11, 13 and 15
meet specifications for #043D-10F and are recommended for award. Item 16 has been
discontinued and will be updated and rebid administratively. No bids were received on Items
17-21 and these items will be purchased administratively as well.
ATTACHMENTS:
Response Summary (XLS)
Packet Pg. 513

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4068-1751-71101-907037 Budget: $106,709.00 Actual: $106,709.00
4069-1751-71101-907037 Budget: $ 52,914.00 Actual: $ 52,914.00
P0184196, P0184197, P0184198, P0184199
Last Updated: 11/24/2009 11:42 AM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Butler Animal Health
Supply LLC, for Items 1-10 and 12 in the net amount of $24,533.00; IDEXX
Distribution, Inc., for Items 11 and 14 in the net amount of $41,190.00; X-Ray Sales
& Service Co., for Item 13 in the net amount of $43,800.00; and ISI Commercial
Refrigeration, Inc., for Item 15 in the net amount of $50,100.00 for Equipment for the
New Animal Care Campus, and awards the contracts to said companies in said
amounts, and authorizes the Mayor to execute any necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 4068-1751-71101-907037
in the net amount of $106,709.00 and to Account No. 4069-1751-71101-907037 in the
net amount of $52,914.00.
__________________________________
Max S. Duplant, CPA
Packet Pg. 515

42
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 516

42.a

RESPONSE SUMMARY
ITB Name: Equipment for New Animal Shelter
ITB Number: 043D-10F
Closing Date: November 13, 2009
Attachment: Response Summary (3092 : 30P17 AWD Equip for New Animal Care Campus)
Senior Purchasing Agent: Darlene Rush, 972.721.3752
*Recommended for Award.

*Butler Animal Health *X-Ray Sales & Service *ISI Commercial
Universal Ultrasound *IDEXX Distribution, Inc. Pasco Brokerage, Inc.
Supply LLC Co. Refrigeration, Inc.
Item Description Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 48-Inch Drop-In Tub on legs 2 $1,323.00 $2,646.00 No Bid No Bid No Bid No Bid No Bid
2 60-Inch Grooming Tub 2 $1,895.00 $3,790.00 No Bid No Bid No Bid No Bid No Bid
3 Spray Unit with Faucet/Hose 2 $495.00 $990.00 No Bid No Bid No Bid No Bid No Bid
4 Heated V-Top Surgery Table 1 $2,225.00 $2,225.00 No Bid No Bid No Bid No Bid No Bid
5 Surgical Ceiling Light and Mount 2 $4,557.00 $9,114.00 No Bid No Bid No Bid No Bid No Bid
6 Platform Scale 1 $746.00 $746.00 No Bid No Bid No Bid No Bid No Bid
7 Countertop Scale 1 $301.00 $301.00 No Bid No Bid No Bid No Bid No Bid

Small Animal Anesthesia
8 1 $1,575.00 $1,575.00 No Bid No Bid No Bid No Bid No Bid
Machine
Funnel Fill Vaporizer for
9 1 $917.00 $917.00 No Bid No Bid No Bid No Bid No Bid
Anesthesia Machine
Hand-Held Pulse Veterinary
10 1 $969.00 $969.00 No Bid No Bid No Bid No Bid No Bid
Oximeter
11 Multi-Function Centrifuge 1 $3,675.00 $3,675.00 No Bid No Bid No Bid $1,195.00 $1,195.00 No Bid
12 Deluxe Laboratory Microscope 1 $1,260.00 $1,260.00 No Bid No Bid No Bid No Bid No Bid
13 X-Ray Equipment 1 No Bid $43,800.00 $43,800.00 $61,900.00 $61,900.00 No Bid No Bid No Bid
14 Blood Analyzer Machine 1 No Bid No Bid No Bid No Bid $39,995.00 $39,995.00 No Bid
15 Dishmachine 10 No Bid No Bid No Bid $5,010.00 $50,100.00 No Bid $5,295.00 $52,950.00

*Alternate/
16 Xpress Freezer 1 No Bid No Bid No Bid $12,685.00 No Bid No Bid Discontinued
Discontinued
17 Stacking Washer/Dryer 1 No Bid No Bid No Bid No Bid No Bid No Bid
18 2-Door Refrigerators 3 No Bid No Bid No Bid No Bid No Bid No Bid
19 Undercounter Refrigerators 2 No Bid No Bid No Bid No Bid No Bid No Bid
20 Drug Safe Vault with Shelves 1 No Bid No Bid No Bid No Bid No Bid No Bid
21 Cash Drawers Vault 1 No Bid No Bid No Bid No Bid No Bid No Bid

* Submitted alternate bid or adknowledged that the specified item has been discontinued. This item will be re-defined and processed administratively with the three-bid process.
This response summary is a listing of those who responded and their pricing. However, the responses have not been evaluated and the bidders have not been determined to be responsive at this time. After a
complete review of the bids, a recommendation for award will be made and posted on-line. Unless stated otherwise in the solicitation documents, award will be made to the lowest, responsive bidder who is deemed
able to meet the requirements and qualifications of the specifications.
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3076

Recommending Department: Public Works & Transportation LSR No: N/A
Resolution -- Renewing the Annual Contract with Intelight, Inc., for

Advanced Traffic Signal Controllers
Operations.
3. Impact: The City will be securing newly upgraded controllers and central
processing units (CPUs) at the same price as originally awarded units. These items
will continue to reduce traffic congestion and accidents.
4. This renewal establishes the continuation of an annual contract to provide
controllers, CPUs, and power supplies to be used by our Traffic Operations staff.
The original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $47,600.00 for the period of February 1,
for the period of October 1, 2010, through January 31, 2011, is available in the
2010-11.
Recommendation
Previous Action: RES-2009-27 Council Action: Approved award
Comments: Service provided by the vendor is good; pricing remains the same and is
competitive. This is the first of two renewal options for #057D-10F in the total net estimated
amount of $70,689.96 for one year.

4005-2121-76101-900080 Budget: $47,600.00 Est. Award: $47,600.00
Prepared: 11/11/2009 07:45 PM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Intelight, Inc., in the
net estimated amount of $47,600.00 for the period of February 1, 2010, through
September 30, 2010, and in the net estimated amount of $23,089.96 for the period of
October 1, 2010, through January 31, 2011, subject to funds being appropriated in
Fiscal Year 2010-11, for Advanced Traffic Signal Controllers, and awards the renewal
contract to said company in said amount, and authorizes the Mayor to execute any
necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 519

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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3093

Resolution -- Approving and Accepting the Bid of Structural & Steel

Products, Inc., for an Annual Contract to Supply Standard Dark Bronze
Signal Pole Assemblies
Operations.
3. Impact: The dark bronze color signal poles will improve the visual appearance of
all corridors, Urban Center, and Heritage District, while maintaining functionality for
traffic flow.
4. This award establishes a new annual contract for providing standard dark bronze
signal pole assemblies.
2010-11.
Recommendation
Comments: Purchasing sent solicitation notices to 31 vendors and received one response. The only
bidder meets specifications and is recommended for award. The award for #046D-10F is in the total
net estimated amount of $117,420.00 for one year with two renewal options.
ATTACHMENTS:

4005-2121-76101-900080 Budget: $70,452.00 Est. Amount: $70,452.00
Packet Pg. 520

44
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Structural & Steel
Products, Inc., in the net estimated amount of $70,452.00 for the period of
December 3, 2009, through September 30, 2010, and in the net estimated amount of
$46,968.00 for the period of October 1, 2010, through December 31, 2010, subject to
funds being appropriated in Fiscal Year 2010-11, for Standard Dark Bronze signal
Pole Assemblies, and awards the contract to said company in said amount, and
authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 521

44.a

Response Summary
Standard Dark Bronze Signal Pole Assemblies
ITB Closing Date: November 13, 2009
*Recommended for Award.
Attachment: Response Summary (3093 : 30P21 ANN AWD Signal Pole Assemblies)
* Structural & Steel Products,
Vendor
Inc.
Item Description Est. Qty Unit Price Total Price
Type C signal pole with 44' arm,

galvanized with external etching
1 20 $5,871.00 $117,420.00
process for dark bronze powder
coating
Gross Total $117,420.00

Payment Term Discount Net 30 $0.00
Net Total $117,420.00
Note: Pricing without LEDs.
Page 1 of 1
Packet Pg. 522
45
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3094

Resolution -- Approving and Accepting the Bid of Consolidated Traffic

Controls, Inc., for an Annual Contract to Supply Vehicle Traffic Signal
Heads and Pedestrian Signal Heads
Operations.
3. Impact: Keeping vehicle traffic signal and pedestrian signal heads maintained and
operating efficiently will continue to reduce traffic congestion and accidents.
4. This award establishes an annual contract for the continuation of providing vehicle
traffic signal heads, pedestrian signal heads, and associated hardware.
2010-11.
Recommendation
Comments: Purchasing sent solicitation notices to 28 vendors and received five responses. The
lowest responsive bidders meet specifications and are recommended for award. The award for
#047D-10F is in the total net estimated amount of $72,973.70 for one year with two renewal options.
ATTACHMENTS:

4005-2121-76101-900080 Budget: $48,288.96 Est. Award: $48,288.96
Packet Pg. 523

45
CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of Consolidated Traffic
Controls, Inc., in the net estimated amount of $48,288.96 for the period of
December 3, 2009, through September 30, 2010, and in the net estimated amount of
$24,684.74 for the period of October 1, 2010, through December 31, 2010, subject to
funds being appropriated in Fiscal Year 2010-11, for Vehicle Traffic Signal Heads
and Pedestrian Signal Heads, and awards the contract to said company in said amount,
and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 524

45.a

Response Summary - Bid All or None
Vehicle Traffic Signal Heads and Pedestrian Signal Heads
Attachment: Response Summary (3094 : 30P21 ANN AWD Signal and Pedestrian Heads)
ITB Closing Date: November 13, 2009
* Recommended for Award
Est. Paradigm Traffic Texas Highway Products, *Consolidated Traffic

Vendor
Qty Systems, Inc. Ltd. Controls, Inc
Item Description Each Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 12 in. 3-section Traffic Signal, Federal Yellow 100 $171.00 $17,100.00 $147.50 $14,750.00 $150.00 $15,000.00
2 12 in. 3-section Traffic Signal,, Black 75 $171.00 $12,825.00 $147.50 $11,062.50 $150.00 $11,250.00
3 12 in. 5-section Traffic Signal, Federal Yellow 20 $282.00 $5,640.00 $284.00 $5,680.00 $245.00 $4,900.00
4 12 in. 5-section Traffic Signal, Black 20 $282.00 $5,640.00 $284.00 $5,680.00 $245.00 $4,900.00
5 Astro-Brac AB-0116-3-48 175 $108.00 $18,900.00 $101.00 $17,675.00 $98.50 $17,237.50
6 Astro-Brac AB-0116-5-48 40 $120.00 $4,800.00 $112.00 $4,480.00 $109.00 $4,360.00
7 Pedestrian Signal Heads 50 $157.00 $7,850.00 $94.50 $4,725.00 $90.00 $4,500.00
8 Astro-Brac AB-0131-1-48 50 $210.00 $10,500.00 $193.00 $9,650.00 $188.00 $9,400.00
9 Push Button Pelco 2" Mushroom Plunger (ADA) #SE- 60 $29.00 $1,740.00 $24.50 $1,470.00 $23.77 $1,426.20
2043-0
Net Total $84,995.00 $75,172.50 $72,973.70
Payment Terms N/30 - N/30 - N/30 -
Gross Total $84,995.00 $75,172.50 $72,973.70
Bids were received from McCain, Inc., and General Traffic Equipment Corp. but were non-responsive.
Page 1 of 1
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3077

Recommending Department: Water Utilities LSR No: N/A
Resolution -- Approving the Purchase from Holt Cat for a Front End Loader
through the State of Texas Local Government Statewide Cooperative
Purchasing Program Administered by the Texas Association of School
Boards (the BuyBoard Program)
2. This item has been recommended by Water Utilities and approved by
Intergovernmental Services.
3. Impact: The purchase of this front end loader allows crews to work in tight work
areas safely, and supports the water and wastewater repair efforts to ensure
superior water quality and reliable wastewater collection.
4. This is a budgeted replacement for City Tag #32102, a 1999 Hyundai loader, which
is being retired in accordance with the City’s equipment replacement policy.
5. Funding in the net amount of $116,724.00 is available in the Equipment
Replacement Fund.
Recommendation
Government Statewide Purchasing Cooperative Purchasing Program administered by the Texas Association of
School Boards (the BuyBoard Program) on January 11, 2001, and renewed February 20, 2007. This purchase
meets competitive bid requirements with the State of Texas statutes, rules, policies, and procedures. Pricing is
reasonable, within budget, and Purchasing assigned #059D-10F to this item for tracking purposes.
ATTACHMENTS:

6604-3271-75401-9100 Budget: $140,000.00 Actual: $116,724.00
P0183983
Packet Pg. 526

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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Holt Cat in the net
amount of $116,724.00 for a Front End Loader, through the State of Texas Local
Government Statewide Cooperative Purchasing Program administered by the Texas
Association of School Boards (the BuyBoard Program), and awards the contract to
said company in said amount, and authorizes the Mayor to execute any necessary
contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 527

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Austin • Corpus Christi • Dallas • Fort Worth • Irving • Laredo • Longview • San Antonio • Nash •
Tyler • Victoria • Waco • Weslaco
04/07/2009
Attachment: Vendor Pricing Summary (3077 : 30P32 Awd Front End Loader for Water Utilities)
CITY OF IRVING WATER UTILITIES DEPT #G11130521
0616995
PO BOX 152288
IRVING 75015-2288
Thank you for the opportunity to present the following budget number for your review and
consideration. If you would like to purchase this machine or have any questions, please call Cliff
Hutcheson @ 972-974-8025.
CATERPILLAR INC 924HZ WHEEL LOADER
STANDARD MACHINE
ELECTRICAL POWERTRAIN
95-ampere alternator; Thermal starting aid Caterpillar C6.6 ACERT DITAAL
Switch, battery disconnect; Two 950 CCA - Low Emission Diesel Engine
maintenance free batteries; Halogen work lights - Turbocharged
(front & rear); Directional Signals (front & rear) - Aftercooled
Ignition key start/stop switch SOS port, engine oil; SOS port, transmission oil
24 volt direct electric starting Autoshift transmission (4FWD/3REV)
OPERATOR ENVIRONMENT Single lever transmission control w/FNR
Cab, pressurized & sound suppressed Programmable brake/ transmission neutralizer
(ROPS/FOPS): Heater/ Defroster; Radio Ready Transmission oil level gauge; Torque converter
Gauges: Torque converter temperature; Radiator, unit serviceable; Lubed for life drive shaft
Speedometer; Hydraulic oil temperature; Engine Conventional differential rear; Diff Lock Front Axle
coolant temperature; Fuel level; Digital tachometer; Enclosed, wet-disc, full hydraulic brakes
Digital hour meter/odometer Axle seal guards; Air Cleaner, dry type
Operator warning system indicators: Primary Muffler; Fuel/water separator
steering malfunction; Brake charge pressure low; Electric Engine fuel priming pump; Pre-cleaner
Engine oil pressure low; Transmission oil filter Engine Speed Control
bypass sockets; Parking brake applied; Electrical Coolant protection -36C, -33F
system voltage low; Hydraulic oil filter bypass OTHER STANDARD EQUIPMENT
Interior light. Seat, suspension; Seat, adjustable Z-bar lift linkage w/sealed pins
height, backrest, armrest, fabric or vinyl Fenders, front; Swing-out hydraulic drive demand
Tinted front safety glass; Electric Horn, steering fan; Engine enclosure, lockable; Recovery hitch;
wheel mounted; Adjustable tilt steering column; Secondary and parking brake; Standard
Rear window defrost; Cigar lighter counterweight; Centrally located grease lines
Lunch box storage w/cup holder Vandalism protection -locked service points
Ground level door release Automatic bucket/fork positioner; Automatic lift
Interior & exterior auxillary power sockets kickouts
Wet Arm wiper/washer, intermittent front HYDRAULIC SYSTEMS
Pilot hydraulic implement controls Hydraulic oil level sight gauge
Hydraulic control lever lockout SOS port, hydraulic oil; Heavy Duty hydraulic oil
Coat Hook cooler; Load sensing hydraulics
Rearview Mirrors (Inside Cab, Qty 2) Load sensing steering system
Hydraulic diagnostic connectors
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. 528
46.a
Austin • Corpus Christi • Dallas • Fort Worth • Irving • Laredo • Longview • San Antonio • Nash •
Tyler • Victoria • Waco • Weslaco
MACHINE SPECIFICATIONS
Description Ref. No. Price
Attachment: Vendor Pricing Summary (3077 : 30P32 Awd Front End Loader for Water Utilities)
924HZ WHEEL LOADER 2898820 129,100
CAB, COMFORT 3082271 0
SEAT, FABRIC SUSPENSION 2261842 0
BELT, SEAT 3" SUSPENSION 2237937 0
AIR CONDITIONER 2949433 0
MIRRORS, REARVIEW,INTERNAL 1074643 0
STEERING, STANDARD 2949439 0
LIGHTS, NON-ROADING 2907223 0
FENDERS, STANDARD 1544914 0
COUNTERWEIGHT, 750LBS 1808984 1,085
HYDRAULICS,2 VALVE 1 LEVER FNR 2033890 0
ENGINE, FILTERED BREATHER 3019713 0
RADIATOR, STANDARD 2397396 0
FAN, STANDARD 2898963 0
FUEL TANK, STANDARD DRAIN 2906483 0
DIFFERENTIAL, STANDARD, REAR 2898991 0
MANUAL, OPER. MAINT. ENGLISH 2949471 0
TIRES, 20.5-25 12PR GY, L2 2294965 7,000
ALARM, BACK-UP 1808807 0
BUCKET, GP, 2.6 CYD, PO 1733635 8,256
CUTTING EDGE, BOLT ON(4 PIECE) 8E4566 810
CYLOWAX APPLICATOR 0G3273 101
CERTIFICATE OF ORIGIN, ENGLISH 0G6022 10
RORO W/RIMS W/TIRES. 0G3117 289
RIDE CONTROL 2898994 3,495
CTI FORKS CTI 0
TOTAL LIST PRICE $150,146
BUYBOARD DISCOUNT 16% OFF LIST
QUOTE GRAND TOTAL USD $ 116,724
WARRANTY
12 month/ 1,500 hour Total Machine Factory Warranty.
60 month/ 5,000 hour Total Machine Caterpillar Extended Warranty.
F.O.B./TERMS
Delivered to Customer's Yard
SIGNATURE AREA
Submitted by: Accepted by:
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. 529
47
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3078

Resolution -- Approving the Purchase from Interstate Trailers, Inc., for

Heavy Equipment Trailers through the State of Texas Local Government
3. Impact: These replacements will provide greater safety and security for the Water
Utilities crews.
4. This purchase replaces two trailers bought sixteen years ago, City Tags No. 53805
and No. 53806, and another one bought eighteen years ago, City Tag No. 19772.
All three trailers are being replaced as these three trailers have extensive wear and
pose a safety hazard.
System Fund.
Recommendation
Government Statewide Purchasing Cooperative Purchasing Program administered by the Texas Association of
School Boards (the BuyBoard Program) on January 11, 2001, and renewed February 20, 2007. This purchase
meets competitive bid requirements with the State of Texas statutes, rules, policies, and procedures. Pricing is
reasonable, within budget, and Purchasing assigned #056D-10F to this item for tracking purposes.
ATTACHMENTS:

5402-3251-75501-9100 Budget: $75,000.00 Actual: $57,060.00
P0183979
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Interstate Trailers, Inc., in
the net amount of $57,060.00 for Heavy Equipment Trailers, through the State of
Texas Local Government Statewide Cooperative Purchasing Program administered by
the Texas Association of School Boards (the BuyBoard Program), and awards the
contract to said company in said amount, and authorizes the Mayor to execute any
necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 531

47.a
TRUE # Quotation No: 34072309-BB-2

TRUE # Date: 11/04/09
TRUE #
FALSE #
Phone: 1-800-433-5384 FALSE # Dealer: City of Irving
Fax: 1-817-453-5445 TRUE # 128 N. Briery Road
TRUE # Irving, TX 75015
Salesman: Treye Phelps FALSE # Phone: (972) 721-2631
Attachment: Vendor Pricing Summary (3078 : 30P32 Awd Heavy Equip Repl Trailers for Water Util)
Terms: Net due 30 days FALSE # Fax: (972) 721-2568
Delivery: 4 weeks ARO. TRUE Attn. Kenny Boyle
TRUE
BUY BOARD PRICING
3 Ea. Interstate model 40DLA - Standard Specification
General description: 40,000 lb. capacity tag-along trailer with Suspension: Hutch 9700 multi-point spring with
beavertail & ramps. radius rod axle tracking adjustment,
Load capacity: 40000 lbs. at 55 M.P.H. (G.V.W.R. 47,350 lbs.) 44,000 lb. capacity.
Overall length: 30'-0" Axles: (2) Dexter 22,500 lb. capacity with
Deck length: 24'-0" (19'-0" flat deck + 5'-0" beavertail) oil bath hubs.
Deck width: 8'-6" Brakes: 12-1/4" x 7-1/2" air with "Wabco"
Deck height: 36" unloaded anti-lock braking system and spring
Frame construction: Pierced mainbeam construction with one piece parking brakes.
interlocking crossmembers. Wheels: 8 hole, hub piloted steel disc.
Mainbeams: W14" x 22 lbs. per ft., grade 50 Hi- Tires: 215/75R17.5, (H)
tensile. Ramps: 60" x 22.5" wood-filled with spring assist.
Crossmembers: 6" I-beam x 3.7 lbs per ft., Jack: 25,000 lb. 2 speed, side crank.
grade 50 Hi-tensile on 22" centers. 3/16" steel Hitch: 4 position cast steel pintle eye,
fabricated knee bracing on every other x-member. 1-5/8" stock, 3" I.D.
Siderails: C8" x 11.5 lbs. per ft. Grade 50 Hi- Tie downs: (8) heavy duty D-rings, 4 per side.
tensile. Lights: 12 volt DOT & ICC approved. All lights
Headboard: 8" channel, full width of trailer. are LED type and flush
Decking: 2" nominal oak secured to cross- mounted in rubber grommets. Wiring
members with 5/16" torque screws. is run in flexible neoprene jacket and
Standard paint: White Acrylic Enamel. modular in design. 7 way plug.
(Optional colors available)
Rust prohibitive undercoating. $19,020.00 each, times 3 ea.
Factory Installed Options: Note: Optional equipment may change standard specifications.
8 hole hub piloted disc wheels: Included. Additional deck length: ft. @ $235.00 per ft. 6" safety rail: $525.00
25,000 lb., 2 speed jack: Included Additional tie down rings: @ $22.00 each Spare tire & wheel: $325.00
Dual 2 speed landing gear: $390.00 Paver package (6' beavertail + 6' ramps): $400.00 Spare tire carrier: $100.00
235/75R17.5, (H) tires: $480.00 Bucket well in beavertaill: $275.00 Angle iron traction on ramps.
Lockable tool box lid: $185.00 LED light package: Included Self-cleaning traction dovetail
Stake pockets & rubrail: $375.00 2way spring assist: $250.00
Misc. options: Price:

4S2M ABSystem: Included
Cutouts for D-rings in 6" safety rail: Included
5 D-rings per side: Included
Less freight charge - Customer pick up: $ (695.00)
Quotes good for 30 days unless otherwise stated Sub Total: 57,060.00
and do not incld. F.E.T., state taxes or Freight: Included
licensing fees. Total net F.O.B. Factory: $ 57,060.00
Packet Pg. 532

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Packet Pg. 533

Attachment: Vendor Pricing Summary (3078 : 30P32 Awd Heavy Equip Repl Trailers for Water Util)
48
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3073

Resolution -- Approving the Purchase from Vermeer of Texas for Two

Trailer Mounted Vacuum Systems through the State of Texas Local
Government Statewide Cooperative Purchasing Program Administered by
the Texas Association of School Boards (the BuyBoard Program)
3. Impact: This purchase will provide an additional trailer enabling repair crews to provide
exceptional service by responding to service calls more quickly and efficiently.
4. These trailers will be used for locating water and sewer lines, cleaning valve stacks and
meter boxes, and assisting in small excavations for repair.
5. Funding in the net amount of $82,631.22 is available in the Water and Sewer System
Fund.
Recommendation
Comments: The City of Irving entered into an Interlocal Participation Agreement with the
Texas Local Government Statewide Purchasing Cooperative Purchasing Program
administered by the Texas Association of School Boards (the BuyBoard Program) on
January 11, 2001, and renewed February 20, 2007. This purchase meets competitive bid
requirements with the State of Texas statutes, rules, policies, and procedures. Pricing is
reasonable, within budget, and Purchasing assigned #067M-10F to this item for tracking
purposes.
ATTACHMENTS:

5402-3271-75501-9100 Budget: $90,000.00 Award: $82,631.22
P0184201
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Vermeer of Texas in the
net amount of $82,631.22 for two Trailer Mounted Vacuum Systems, through the
State of Texas Local Government Statewide Cooperative Purchasing Program
administered by the Texas Association of School Boards (the BuyBoard Program),
and awards the contract to said company in said amount, and authorizes the Mayor to
execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 535

48.a
Packet Pg. 536

Attachment: Vendor Pricing (3073 : 30P32 Trailer Mounted Vacuum System)
48.a
Packet Pg. 537

Attachment: Vendor Pricing (3073 : 30P32 Trailer Mounted Vacuum System)
49
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3080

Resolution -- Approving the Purchase from Pearpoint, Inc., for Two Mini
Mainline Camera Systems through the Houston-Galveston Area Council of
Governments (H-GAC) Interlocal Cooperative Purchasing Program
3. Impact: These cameras will improve efficiency of operations by enabling field
crews to more readily detect potential problems and correct them in a timely
manner.
4. These cameras will allow field crews to do 80-90% of their own televising work,
which will eliminate the need to have preventative maintenance crews pulled off of
normal duties.
System Fund.
Recommendation
Comments: The City of Irving entered into an Interlocal Cooperative Purchasing Agreement
with Houston-Galveston Area Council of Governments (H-GAC) on October 15, 1992. This
purchase meets competitive bid requirements with the State of Texas statutes, rules, policies,
and procedures. Purchasing assigned #069M-10F to this item for tracking purposes.
ATTACHMENTS:

5402-3271-75301-9100 Budget: $96,000.00 Award: $84,001.40
P0184196
Prepared: 11/12/2009 10:54 AM by Marsha Hughes
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49
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchase from Pearpoint, Inc., in the net
amount of $84,001.40 for two Mini Mainline Camera Systems, through the Houston-
Galveston Area Council of Governments (H-GAC) Interlocal Cooperative Purchasing
Program, and awards the contract to said company in said amount, and authorizes the
Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 539

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Packet Pg. 540

Attachment: Vendor Pricing (3080 : 30P32 Mini Mainline Camera Systems)
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50
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3079

Recommending Department: Parks & Building Maintenance LSR No: N/A
Resolution -- Approving Purchases from Longhorn, Inc., Luber Bros.,

Professional Turf Products, and SIX & Mango Equipment LLP, for Mowing
Equipment through the State of Texas Local Government Statewide
Cooperative Purchasing Program Administered by the Texas Association
of School Boards (the BuyBoard Program)
2. This item has been recommended by Parks & Building Maintenance.

3. Impact: This equipment will enable Parks employees to improve the visual
impression of the community by continuing the maintenance of park properties,
City-owned properties, gateways, and corridors.
4. This purchase includes: Item 1, a 60-inch zero radius turning mower and recycler
kit; Item 2, a 72-inch slope mower; Item 3, a Groundsmaster 4100D with sunshade;
and Item 4, a utility vehicle.
5. Funding in the net amount of $113,754.07 is available in the General Fund.
Longhorn, Inc. 1 $ 13,570.00
Luber Bros. 2 $ 37,720.75
Professional Turf Products 3 $ 48,806.32
Six & Mango Equipment LLP 4 $ 13,657.00
Comments: The City of Irving entered into an Interlocal Participation Agreement with the
Texas Local Government Statewide Purchasing Cooperative Purchasing Program
administered by the Texas Association of School Boards (the Buyboard Program) on
January 11, 2001, and renewed February 20, 2007. This purchase meets competitive bid
requirements with the State of Texas statutes, rules, policies, and procedures. Pricing is
reasonable, within budget, and Purchasing assigned #064D-10F to this item for tracking
purposes.
ATTACHMENTS:
Vendors' Pricing Summaries (PDF)
Packet Pg. 543

50

1001-0751-75301-500 Budget: $113,500.00 Actual: $113,754.07
P0184071, P0184072, P0184073, and P0184074
Budget Adjustment/Transfer Required: No, there are sufficient funds in this account to cover
this expenditure.
Packet Pg. 544

50
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the purchases from Longhorn, Inc., for
Item 1 in the net amount of $13,570.00; Luber Bros., for Item 2 in the net amount of
$37,720.75; Professional Turf Products for Item 3 in the net amount of $48,806.32,
and SIX Mango Equipment LLP, for Item 4 in the net amount of $13,657.00 for
Mowing Equipment, through the State of Texas Local Government Statewide
Cooperative Purchasing Program administered by the Texas Association of School
Boards (the BuyBoard Program), and awards the contracts to said companies in said
amounts, and authorizes the Mayor to execute any necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 1001-0751-75301-500 in
the total net amount of $113,754.07.

__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 545

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Packet Pg. 546

Attachment: Vendors' Pricing Summaries (3079 : 30P07 Awd for Mowing Equipment for Parks...)
50.a
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Packet Pg. 548

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51
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3074

Resolution -- Approving the Single Source Annual Contract to TRW, LP, for
the Installation of Stone Masonry Compression Walls
1. This item supports Strategic Goals No. 2: Vibrant Neighborhoods, 8: Sound
Governance and No. 9: Infrastructure Network.
2. This item has been recommended by the Capital Improvement Program Team.
3. Impact: The use of stone masonry compression walls will provide attractive,
standardized screening walls throughout the City and will result in a savings of
approximately 40 percent over the installation of typical concrete block with stone
veneer screen walls.
4. This award establishes a new annual contract for providing materials and
installation of stone masonry compression walls for various projects throughout the
City.
5. Funding in the net estimated amount of $500,000.00 for the period of October 1,
2009, through September 30, 2010; in the net estimated amount of $500,000.00 for
the period of October 1, 2010, through September 30, 2011; and in the net
September 30, 2012, is available in the various funds, subject to funds being
appropriated in Fiscal Years 2010-11 and 2011-12.
Recommendation
Comments: Purchasing assigned #066D-10F to this item for tracking purposes.
ATTACHMENTS:
Vendor Single Source Letter and Pricing Summary (PDF)

Various Accounts Budget: $500,000.00 Est. Award: $500,000.00
Purchase orders will be issued and charged to various projects for this annual contract.
Packet Pg. 550

51
CITY OF IRVING

SECTION I. THAT the City Council hereby approves the single source annual contract to TRW,
LP, in the net estimated amount of $500,000.00 for the period of October 1, 2009,
through September 30, 2010; in the net estimated amount of $500,000.00 for the
period of October 1, 2010, through September 30, 2011; and in the net estimated
amount of $500,000.00 for the period of October 1, 2011, through September 30,
2012, subject to funds being appropriated in Fiscal Years 2010-11 and 2011-12, for
the Installation of Stone Masonry Compression Walls, 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 various accounts.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Vendor Single Source Letter and Pricing Summary (3074 : 30P19 Annual Awd to TRW for Stone Masonry Walls)
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3096

Recommending Department: Financial Services LSR No: 10320
Resolution -- Renewing the Annual Contracts with Aetna, CIGNA Dental

Health of Texas, Inc., and National Vision Administrators, L.L.C., for
Medical, Dental, and Vision Insurance for City Employees
2. This item has been recommended by Financial Services – Employee Benefits &
Wellness
3. Impact: The City will continue to provide options to employees for medical, dental
and vision insurance, and will pay a portion of the medical premiums consistent with
established City policy. The City does not contribute to the dental and vision
premiums.
4. Aetna has agreed to a 10% reduction in administrative fees, saving the City
$81,000.00. Dental premiums increase 3.5% for the dental HMO plan but do not
increase for the dental PPO plan. Premiums for vision care will also remain the
same.
5. Funding in the net estimated amount of $1,134,942.28 for the period of January 1,
2010, through September 30, 2010, and in the net estimated amount of
$378,314.00 for the period of October 1, 2010, through December 31, 2010, is
available in the Health Self Insurance Fund and the General Fund, subject to funds
being appropriated in Fiscal Year 2010-11.
FY09-10 FY10-11 Total Annual
Vendor Item(s) Est. Exp. Est. Exp. Est. Exp.
TPA, Medical, PBM,
Aetna $ 632,158.00 $210,719.00 $ 842,877.00
FSA/HSA Admin.
CIGNA Dental Health of Texas,
Dental Plans $ 442,233.00 $147,411.00 $ 589,644.00
Inc.
National Vision Administrators,
Vision $ 60,551.28 $ 20,184.00 $ 80,735.28
L.L.C.
Total Estimated Amount $1,134,942.28 $378,314.00 $1,513,256.28
Recommendation
Contract Required: Yes Review Completed By: Charles Anderson
Previous Action: 12-14-06-472(C) Council Action: Approved award
Comments: Service provided by the vendors is good; pricing remains competitive. This is
the last of the renewal options for #073E-10F, #074E-10F, and #075E-10F in the total net
estimated amount of $1,513,256.28 for one year. These services will be competitively
solicited in 2010 for the 2011 calendar year. The City and the employees share the cost of
these coverages.
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ATTACHMENTS:
A. RES Aetna Agreements (PDF)
B. RES Cigna Agreement (PDF)
C. RES National Vision Agreement (PDF)

6737-1252-563013-1160 Budget: $607,437.00 Actual: $607,437.00
1001-1222-56410-100 Budget: $ 24,721.00 Actual: $ 24,721.00
1001-0000-2024-0000 Budget: $442,233.00 Actual: $442,233.00
1001-0000-2026-0000 Budget: $ 60,551.28 Actual: $ 60,551.28
Purchase Orders will be issued as needed for annual contracts.
Last Updated: 11/23/2009 02:43 PM by Mary Galloway
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contracts with Aetna for medical
insurance, pharmacy benefit manager, flexible spending account administration, and
disease management and wellness in the net estimated amount of $632,158.00 for the
period of January 1, 2010, through September 30, 2010, and in the net estimated
amount of $210,719.00 for the period of October 1, 2010, through December 31,
2010, subject to funds being appropriated in Fiscal Year 2010-11; CIGNA Dental
Health of Texas, Inc., for dental insurance in the net estimated amount of $442,233.00
for the period of January 1, 2010, through September 30, 2010, and in the net
December 31, 2010, subject to funds being appropriated in Fiscal Year 2010-11; and
National Vision Administrators, L.L.C., for vision insurance in the net estimated
amount of $60,551.28 for the period of January 1, 2010, through September 30, 2010,
and in the net estimated amount of $20,184.00 for the period of October 1, 2010,
through December 31, 2010, subject to funds being appropriated in Fiscal Year 2010-
11, and awards the renewal contracts to said companies in said amounts, and
authorizes the Mayor to execute any necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 6737-1252-563013-1160
in the net estimated amount of $607,437.00; Account No. 1001-1222-56410-100 in
the net estimated amount of $24,721.00; Account No. 1001-0000-2024-0000 in the
net estimated amount of $442,233.00; and Account No. 1001-0000-2026-0000 in the
net estimated amount of $60,551.28.
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: A. RES Aetna Agreements (3096 : 30P12 Renew Medical/Dental/Vision Insurance)
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Attachment: B. RES Cigna Agreement (3096 : 30P12 Renew Medical/Dental/Vision Insurance)
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Attachment: C. RES National Vision Agreement (3096 : 30P12 Renew Medical/Dental/Vision Insurance)
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3075

Recommending Department: Information Technology LSR No: 10358
Resolution -- Renewing the Single Source Software Maintenance

Agreement with Tiburon, Inc., for the Computer Aided Dispatch (CAD)
System
2. This item has been recommended by Information Technology and it is a
Maintenance/Support Task approved by the Technology Review Committee.
3. Impact: This agreement keeps the Police Department’s Tiburon’s CAD system
operating efficiently. Tiburon MobilCOM facilitates rapid, accurate communication
to the field and promotes safety of personnel, as well as enabling communication
with other agencies in a crisis situation.
4. This software supports dispatching and incident control for law enforcement in
single and multiple jurisdiction environments. Tiburon LawRECORDS is designed
as an integrated, modular solution, providing the foundation to fully automate law
enforcement operations from incident tracking to crime analysis and case
management to State reporting. Tiburon LawRECORDS supports records
processing from the entry of an event from dispatch through closing and
assignment of a final disposition.
5. Funding in the net amount of $157,026.00 for the period of January 1, 2010,
through December 31, 2010; in the net estimated amount of $164,877.30 for the
period of January 1, 2011, through December 31, 2011; and in the net estimated
amount of $173,121.17 for the period of January 1, 2012, through December 31,
2012, is available in the General Fund, subject to funds being appropriated in Fiscal
Years 2010-11 and 2011-12.
Recommendation
Contract Required: Yes Review Completed By: Carrie J. Morris
Previous Action: 1-10-08-013(H) Council Action: Approved renewal
Comments: This vendor is the single source provider for maintenance support for this
software system. This renewal for #068D-10F, in the net estimated amount of $495,024.47, is
for three years with total payment invoiced and paid at the beginning of each 12-month
period.
ATTACHMENTS:
A. RES Maintenance Agreement (PDF)
B. Vendor Single Source Letter (PDF)
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1001-2310-551501-100 Budget: $157,026.00 Actual: $157,026.00
P0184057
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the single source software maintenance
agreement with Tiburon, Inc., in the net amount of $157,026.00 for the period of
January 1, 2010, through December 31, 2010; in the net estimated amount of
$164,877.30 for the period of January 1, 2011, through December 31, 2011; and in the
net estimated amount of $173,121.17 for the period of January 1, 2012, through
December 31, 2012, subject to funds being appropriated in Fiscal Years 2010-11 and
2011-12, for the Tiburon Computer Aided Dispatch System, and authorizes the Mayor
to execute the attached agreement.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Attachment: A. RES Maintenance Agreement (3075 : 30P23 Awd Maint to Tiburon for Police CAD System)
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Attachment: B. Vendor Single Source Letter (3075 : 30P23 Awd Maint to Tiburon for Police CAD System)
54
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3135

Ordinance -- Consider and Take Action on an Ordinance Authorizing the

Issuance of City of Irving, Texas, General Obligation Bonds, Tax-Exempt
Series 2010A, in an Aggregate Principal Amount that in Combination with
the Aggregate Principal Amount of the City of Irving General Obligation
Bonds, Taxable Series 2010B, Does Not Exceed $19,000,000; Providing for
the Award and Sale Thereof in Accordance with Specified Parameters;
2. Impact: Approval of the Ordinance will provide financing for an array of public
improvements including Streets, Parks, Library Services, and Economic
Development.
3. The Ordinance provides General Obligation Bonds in an amount not to exceed
$19,000,000 for permanent public improvements.
4. The Series 2010A bonds are tax-exempt General Obligation Bonds that when
combined with the Series 2010B General Obligation Bonds cannot exceed
$19,000,000.
4. If approved, funding from the sale should be received in the early 2010.
Recommendation
Contract Required: No Review Completed By: Karen Brophy
.
ATTACHMENTS:
• Bond Ordinance - Irving GO 2010 (3)(PDF)
• GO Projects (PDF)

NONE
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Prepared: 11/20/2009 02:59 PM by Brad Duff
-2-
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ORDINANCE NO. (ID # 3135)
Ordinance created by the city’s bond attorneys is attached.
-1-
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Attachment: Bond Ordinance - Irving GO 2010 (3) (3135 : 8 Authorizing Issuance of 2010A GO Bonds)
BOND ORDINANCE No. _____
GENERAL OBLIGATION BONDS
TAX-EXEMPT SERIES 2010A
Adopted: December 4, 2009
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TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01 Definitions.......................................................................................................... 3
Section 1.02 Findings.............................................................................................................. 5
Section 1.03 Table of Contents, Titles and Headings............................................................... 5
Section 1.04 Interpretation ...................................................................................................... 5
ARTICLE II
SECURITY FOR THE BONDS; INTEREST AND SINKING FUND
Section 2.01 Tax Levy ............................................................................................................ 6

Section 2.02 Interest and Sinking Fund ................................................................................... 6
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS
Section 3.01 Authorization...................................................................................................... 7

Section 3.02 Date, Denomination, Maturities and Interest ....................................................... 8
Section 3.03 Medium, Method and Place of Payment.............................................................. 8
Section 3.04 Execution and Registration of Bonds .................................................................. 9
Section 3.05 Ownership ........................................................................................................ 10
Section 3.06 Registration, Transfer and Exchange................................................................. 10
Section 3.07 Cancellation...................................................................................................... 11
Section 3.08 Temporary Bonds ............................................................................................. 11
Section 3.09 Replacement Bonds .......................................................................................... 12
Section 3.10 Book-Entry Only System .................................................................................. 13
Section 3.11 Successor Securities Depository; Transfer Outside Book-Entry Only System.... 13
Section 3.12 Payments to Cede & Co.................................................................................... 14
ARTICLE IV
REDEMPTION OF BONDS BEFORE MATURITY
Section 4.01 Limitation on Redemption ................................................................................ 14

Section 4.02 Optional Redemption........................................................................................ 14
Section 4.03 Mandatory Sinking Fund Redemption............................................................... 14
Section 4.04 Partial Redemption ........................................................................................... 15
Section 4.05 Notice of Redemption to Owners ...................................................................... 15
Section 4.06 Payment Upon Redemption .............................................................................. 16
Section 4.07 Conditional Notice of Redemption.................................................................... 16
Section 4.08 Lapse of Payment ............................................................................................. 16
Section 4.09 Effect of Redemption........................................................................................ 16
(i)
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ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01 Appointment of Initial Paying Agent/Registrar ................................................. 17

Section 5.02 Qualifications ................................................................................................... 17
Section 5.03 Maintaining Paying Agent/Registrar ................................................................. 17
Section 5.04 Termination ...................................................................................................... 17
Section 5.05 Notice of Change to Owners ............................................................................. 17
Section 5.06 Agreement to Perform Duties and Functions..................................................... 18
Section 5.07 Delivery of Records to Successor...................................................................... 18
ARTICLE VI
FORM OF THE BONDS
Section 6.01 Form Generally................................................................................................. 18

Section 6.02 Form of the Bonds ............................................................................................ 18
Section 6.03 CUSIP Registration .......................................................................................... 25
Section 6.04 Legal Opinion................................................................................................... 25
Section 6.05 Statement of Insurance...................................................................................... 25
ARTICLE VII
SALE AND DELIVERY OF BONDS, DEPOSIT OF PROCEEDS
Section 7.01 Sale of Bonds, Official Statement ..................................................................... 25

Section 7.02 Control and Delivery of Bonds ......................................................................... 27
Section 7.03 Deposit of Proceeds .......................................................................................... 28
ARTICLE VIII
INVESTMENTS
Section 8.01 Investments ...................................................................................................... 28

Section 8.02 Investment Income ........................................................................................... 28
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01 Payment of the Bonds ....................................................................................... 29

Section 9.02 Other Representations and Covenants ............................................................... 29
Section 9.03 Provisions Concerning Federal Income Tax Exclusion...................................... 29
Section 9.04 No Private Use or Payment and No Private Loan Financing.............................. 29
Section 9.05 No Federal Guaranty......................................................................................... 30
Section 9.06 Bonds are not Hedge Bonds.............................................................................. 30
Section 9.07 No-Arbitrage Covenant..................................................................................... 30
Section 9.08 Arbitrage Rebate............................................................................................... 30
Section 9.09 Information Reporting ...................................................................................... 31
Section 9.10 Continuing Obligation ...................................................................................... 31
(ii)
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ARTICLE X
DEFAULT AND REMEDIES
Section 10.01 Events of Default .............................................................................................. 31

Section 10.02 Remedies for Default ........................................................................................ 31
Section 10.03 Remedies Not Exclusive ................................................................................... 32
ARTICLE XI
DISCHARGE
Section 11.01 Discharge ......................................................................................................... 32
ARTICLE XII
CONTINUING DISCLOSURE UNDERTAKING
Section 12.01 Annual Reports................................................................................................. 32

Section 12.02 Material Event Notices ..................................................................................... 33
Section 12.03 Limitations, Disclaimers and Amendments ....................................................... 33
Exhibit A - Description of Annual Disclosure of Financial Information .................................. A-1
(iii)
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ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF IRVING,

TEXAS, GENERAL OBLIGATION BONDS, TAX-EXEMPT SERIES 2010A,
IN AN AGGREGATE PRINCIPAL AMOUNT THAT IN COMBINATION
WITH THE AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IRVING
GENERAL OBLIGATION BONDS, TAXABLE SERIES 2010B, DOES NOT
EXCEED $19,000,000; PROVIDING FOR THE AWARD OF THE SALE
THEREOF IN ACCORDANCE WITH SPECIFIED PARAMETERS;
AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE
CONTRACT RELATING TO SAID BONDS; AUTHORIZING THE
EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR
AGREEMENT AND A DISCLOSURE COUNSEL ENGAGEMENT LETTER;
APPROVING THE OFFICIAL STATEMENT; AND ENACTING OTHER
PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND
PURPOSES OF THIS ORDINANCE
WHEREAS, the City intends to issue general obligation bonds to finance improvements
which the City Council determines to be necessary within the City; and
WHEREAS, the bonds hereinafter authorized were duly and favorably voted, as required
by the laws of the State of Texas, at elections held in the City, on February 6, 1999 and
November 7, 2006; and
WHEREAS, at said elections, the following are among the purposes and amounts of the
bonds which were authorized, reflecting any amount previously issued pursuant to each voted
authorization, the amount therefrom being issued pursuant to this Ordinance, and the balance that
remains unissued after the issuance of the bonds herein authorized, to-wit:
Amount Amount Previously Amount Being Unissued

Purpose
Voted Issued Issued(1) Balance
1999 Election
Streets 133,880,000 86,280,000 4,750,000 42,850,000
Drainage Improvements 25,000,000 14,715,000 $-0- 10,285,000
Parks 36,800,000 30,150,000 1,350,000 5,300,000
City Buildings 8,500,000 6,220,000 -0- 2,280,000
Sanitary Landfill 9,055,000 200,000 -0- 8,855,000
Fire 18,105,000 7,125,000 -0- 10,980,000
Police 8,650,000 7,650,000 -0- 1,000,000
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Purpose
Youth Development/
Community Center 2,495,000 1,995,000 -0- 500,000
2006 Election
Streets 117,825,000 8,595,000 650,000 108,580,000
Drainage Improvements 32,600,000 -0- -0- 32,600,000
Parks 56,475,000 7,025,000 4,250,000 45,200,000
Library 18,200,000 3,835,000 5,500,000 8,865,000
City Buildings 15,600,000 2,320,000 -0- 13,280,000
Public Safety 15,305,000 1,845,000 -0- 13,460,000
Voice and Data Systems 25,000,000 1,000,000 -0- 24,000,000
Public Infrastructure for

Economic Development 35,000,000 2,000,000 2,000,000 33,000,000
Senior Citizens Center 10,000,000 -0- -0- 10,000,000
Total $568,490,000 $180,955,000 $18,500,000 $371,035,000

1
Will be issued in two series, the General Obligation Bonds Tax-Exempt Series 2009A (the “Series 2009A Bonds”)
and the General Obligation Bonds, Taxable Series 2009B (the “Series 2009B Bonds”). The allocation of voted
authority between the Series 2009A and Series 2009B Bonds will be set forth in the Pricing Certificate within the
parameters established in this Ordinance. The amounts and projects are subject to adjustment by the Pricing
Committee in the Pricing Certificate within the parameters established in this Ordinance.
WHEREAS, pursuant to Chapter 1371, Texas Government Code, as amended, the City
has found and determined that the Bonds herein authorized shall mature on the dates, bear
interest at the rates and have such other terms and provisions specified in a Pricing Certificate
within the parameters set forth in this Ordinance; and
WHEREAS, pursuant to the special bond election held within the City on November 7,
2006 (the “2006 Election”), the City is authorized to issue general obligation bonds for the
purpose of planning, designing, constructing, improving, extending, and expanding public street,
utility and other infrastructure facilities, including the acquisition of land, in furtherance of the
City’s economic development and redevelopment programs and the development of industrial,
commercial and retail businesses in the historic downtown Irving area and other gateway areas of
the City; and
2
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WHEREAS, the City Council has, with the execution of that certain Master Development
Agreement – Water Street Development, between the City and LG Colinas Limited Partnership,
established and adopted an economic development program pursuant to Chapter 380, Local
Government Code, as amended (the “Program”), for the development and redevelopment of
commercial and retail business in the Las Colinas area of the City; and
WHEREAS, the City Council has found and determined that the Program is established
pursuant to and will be implemented in Las Colinas, a vibrant and developing area of the City
that serves as a key entryway into the City, and that the public improvements constructed
pursuant to the program will be located in close proximity to a future planned transportation and
light rail facility and boarding station that will serve as an entry point into the City for residents
and commuter passengers who work in the City; and
WHEREAS, the City Council has determined that the implementation of the Program
will accomplish the planning, designing, constructing and improving of public infrastructure in a
gateway area of the City and will further the economic development of the Las Colinas area and
will facilitate commercial and retail business development, all as authorized by the 2006
Election; and
WHEREAS, the Bonds will authorize the expenditure of $2,000,000 for the construction
of lake improvements and a pedestrian promenade pursuant to the Program and the 2006
Election; and
WHEREAS, the City Council has found and determined that it is necessary and in the
best interest of the City and its citizens that it authorize by this Ordinance the issuance and
delivery of the amounts reflected above, all in a single issue or all in accordance with and
pursuant to the authority granted in Tex. Const. art. XI, Sec. 5, Chapters 1331 and 1371 Texas
Government Code, and Article VII of the Charter of the City; 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:
ARTICLE I
Section 1.01 Definitions
Unless otherwise expressly provided or unless the context clearly requires otherwise in
this Ordinance, the following terms shall have the meanings specified below:
“Bond” means any of the Bonds.
“Bond Date” means the date designated as the date of the Bonds by Section 3.02(a) of
this Ordinance.
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“Bonds” means one or more series of the City’s bonds authorized to be issued by Section
3.01 of this Ordinance and designated as “City of Irving, Texas, General Obligation Bonds, Tax-
Exempt Series 2010A.”
“Chief Financial Officer” means the Chief Financial Officer of the City, Max Duplant.
“Closing Date” means the date of the initial delivery of and payment for the Bonds.
“Code” means the Internal Revenue Code of 1986, as amended, including applicable
regulations, published rulings and court decisions.
“Designated Payment/Transfer Office” means (i) with respect to the initial Paying
Agent/Registrar named in this Ordinance, the Designated Payment/Transfer Office as designated
in the Paying Agent/Registrar Agreement, or at such other location designated by the Paying
Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the office of such
successor designated and located as may be agreed upon by the City and such successor.
“DTC” means The Depository Trust Company of New York, New York, or any
successor securities depository.
“DTC Participant” means brokers and dealers, banks, trust companies, clearing
corporations and certain other organizations on whose behalf DTC was created to hold securities
to facilitate the clearance and settlement of securities transactions among DTC Participants.
“EMMA” means the Electronic Municipal Market Access System.
“Event of Default” means any event of default as defined in Section 10.01 of this
Ordinance.
“Initial Bond” means the Initial Bond authorized by Section 3.04 of this Ordinance.
“Interest and Sinking Fund” means the interest and sinking fund established by Section
2.02 of this Ordinance.
“Interest Payment Date” means the date or dates on which interest on the Bonds is
scheduled to be paid until their respective dates of maturity or prior redemption, such dates being
March 15 and September 15 as designated in the Pricing Certificate.
“MSRB” means the Municipal Securities Rulemaking Board.
“Owner” means the person who is the registered owner of a Bond or Bonds, as shown in
the Register.
“Paying Agent/Registrar” means initially The Bank of New York Mellon Trust
Company, National Association, Dallas, Texas, or any successor thereto as provided in this
Ordinance.
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“Pricing Certificate” means a certificate or certificates to be signed by the Pricing

Committee.
“Pricing Committee” means Herbert Gears, Mayor (or in his absence, Councilmember
Joe Philipp, Chairman, Audit and Finance Committee), Tommy Gonzalez, City Manager and
Max Duplant, Chief Financial Officer, each acting together.
“Record Date” means the last business day of the month next preceding an Interest
Payment Date.
“Register” means the Register specified in Section 3.06(a) of this Ordinance.
“Representation Letter” means the Blanket Letter of Representations between the City
and DTC.
“Rule” means SEC Rule 15c2-12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
“Unclaimed Payments” means money deposited with the Paying Agent/Registrar for the
payment of principal of or interest on the Bonds as the same come due and payable and
remaining unclaimed by the Owners of such Bonds after the applicable payment or redemption
date.
“Underwriters” means Stifel Nicolas & Company, Incorporated and Estrada Hinojosa &
Company, Inc., as more particularly described in the Purchase Contract relating to the Bonds
described in Section 7.01(a).
Section 1.02 Findings
The declarations, determinations and findings declared, made and found in the preamble
to this Ordinance are hereby adopted, restated and made a part of the operative provisions hereof.
Section 1.03 Table of Contents, Titles and Headings.
The table of contents, titles and headings of the Articles and Sections of this Ordinance
have been inserted for convenience of reference only and are not to be considered a part hereof
and shall not in any way modify or restrict any of the terms or provisions hereof and shall never
be considered or given any effect in construing this Ordinance or any provision hereof or in
ascertaining intent, if any question of intent should arise.
Section 1.04 Interpretation.
(a) Unless the context requires otherwise, words of the masculine gender shall be
construed to include correlative words of the feminine and neuter genders and vice versa, and
words of the singular number shall be construed to include correlative words of the plural
number and vice versa.
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(b) This Ordinance and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein.
ARTICLE II
Section 2.01 Tax Levy.
(a) Pursuant to the authority granted by the Texas Constitution and the laws of the
State of Texas, there shall be levied and there is hereby levied for the current year and for each
succeeding year hereafter while any of the Bonds or any interest thereon is outstanding and
unpaid, an ad valorem tax on each one hundred dollars valuation of taxable property within the
City, at a rate sufficient, within the limit prescribed by law, to pay the debt service requirements
of the Bonds, being (i) the interest on the Bonds, and (ii) a sinking fund for their redemption at
maturity or a sinking fund of two percent (2%) per annum (whichever amount is greater), when
due and payable, full allowance being made for delinquencies and costs of collection.
(b) The ad valorem tax thus levied shall be assessed and collected each year against
all property appearing on the tax rolls of the City most recently approved in accordance with law
and the money thus collected shall be deposited as collected to the Interest and Sinking Fund.
(c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or
required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and
committed irrevocably to the payment of the principal of and interest on the Bonds when and as
due and payable in accordance with their terms and this Ordinance.
(d) To the extent the City has available funds which may be lawfully used to pay debt
service on the Bonds and such funds are on deposit in the Interest and Sinking Fund in advance
of the time when the City Council of the City is scheduled to set a tax rate for any year, then such
tax rate which would otherwise be required to be established pursuant to subsection (a) of this
Section may be reduced to the extent and by the amount of such funds in the Interest and Sinking
Fund.
(e) If the lien and provisions of this Ordinance shall be released in a manner
permitted by Article XI hereof, then the collection of such ad valorem tax may be suspended or
appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking
Fund may be suspended or appropriately reduced, as the facts may permit. In determining the
aggregate principal amount of outstanding Bonds, there shall be subtracted the amount of any
Bonds that have been duly called for redemption and for which money has been deposited with
the Paying Agent/Registrar for such redemption.
Section 2.02 Interest and Sinking Fund.
(a) The City hereby establishes a special fund or account, to be designated the “City
of Irving, Texas, General Obligation Bonds, Tax-Exempt Series 2010A, Interest and Sinking
Fund,” said fund to be maintained at an official depository bank of the City separate and apart
from all other funds and accounts of the City.
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(b) Money on deposit in or required by this Ordinance to be deposited to the Interest

and Sinking Fund shall be used solely for the purpose of paying the interest on and principal of
the Bonds when and as due and payable in accordance with their terms and this Ordinance.
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE BONDS
Section 3.01 Authorization.
The City’s bonds, to be designated “City of Irving, Texas, General Obligation Bonds,
Tax-Exempt Series 2010A,” are hereby authorized to be issued and delivered in accordance with
the Constitution and laws of the State of Texas, including particularly Chapters 1331 and 1371,
Texas Government Code, as amended, Tex. Const. art. XI, Sec. 5 and Article VII, Section 1 of
the Charter of the City. The Bonds shall be issued in one or more series, as set forth in the
Pricing Certificate, and shall be issued in the original aggregate principal amount of not to
exceed $19,000,000, for the purpose of providing funds for the payment of costs of issuing the
Bonds and for permanent public improvements, to-wit: (a) $4,750,000 (when combined with the
amount of Series 2009B Bonds issued for the same purpose) 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 therefor
(1999 Authorization); (b) $1,350,000 (when combined with the amount of Series 2009B Bonds
issued for the same purpose) 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); (c) $650,000 (when combined with the amount of Series
2009B Bonds issued for the same purpose) 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); (d) $4,250,000 (when combined with the amount of Series
2009B Bonds issued for the same purpose) 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); (e) $5,500,000 (when combined with the amount of
Series 2009B Bonds issued for the same purpose) for designing, constructing, improving,
renovating, expanding, equipping, and furnishing libraries and related facilities including the
acquisition of land therefore, (f) $2,000,000 (when combined with the amount of Series 2009B
Bonds issued for the same purpose) for planning, designing, constructing, improving, extending,
and expanding public street, utility and other infrastructure facilities, including the acquisition of
land therefor, in furtherance of the City’s economic development and redevelopment programs
and the development of industrial, commercial and retail businesses in the historic downtown
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Irving area and other gateway areas of the City (2006 Authorization), and (g) for paying the costs
of issuance of the Bonds. The amounts and projects identified above in Section 3.01(a)-(f) are
subject to adjustment by the Pricing Committee in the Pricing Certificate provided the aggregate
principal amount shall not exceed $19,000,000.
Section 3.02 Date, Denomination, Maturities and Interest.
(a) The Bonds shall be dated the date set forth in the Pricing Certificate. The Bonds
shall be in fully registered form, without coupons, in the denomination of $5,000 or any integral
multiple thereof, and shall be numbered separately from one (1) upward, except the Initial Bond,
which shall be numbered T-1.
(b) The Bonds shall mature on September 15 in the years and in the principal
amounts and bear interest at the per annum rates set forth in the Pricing Certificate. The Bonds
shall mature and become payable not later than September 15, 2030.
(c) Interest shall accrue and be paid on each Bond respectively until its maturity or
prior redemption, from the later of the Bond Date or the most recent Interest Payment Date to
which interest has been paid or provided for at the rates per annum for each respective maturity
specified in the Pricing Certificate as provided in Section 7.01 below. Such interest shall be
payable semiannually on each Interest Payment Date. Interest on the Bonds shall be calculated
on the basis of a three hundred sixty (360) day year composed of twelve (12) months of thirty
(30) days each.
Section 3.03 Medium, Method and Place of Payment.
(a) The principal of, premium, if any, and interest on the Bonds shall be paid in
lawful money of the United States of America.
(b) Interest on the Bonds shall be payable to each Owner as shown in the Register at
the close of business on the Record Date; provided, however, in the event of nonpayment of
interest on a scheduled Interest Payment Date and for 30 days thereafter, a new record date for
such interest payment (a “Special Record Date”) shall be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
City. Notice of the Special Record Date and of the scheduled payment date of the past due
interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall
be sent at least five Business Days prior to the Special Record Date by United States mail, first
class, postage prepaid, to the address of each Owner of a Bond appearing on the Register at the
close of business on the last Business Day next preceding the date of mailing of such notice.
(c) Interest shall be paid by check, dated as of the Interest Payment Date, and sent by
the Paying Agent/Registrar to each Owner, first class United States mail, postage prepaid, to the
address of each Owner as it appears in the Register, or by such other customary banking
arrangement acceptable to the Paying Agent/Registrar and the Owner; provided, however, the
Owner shall bear all risk and expense of such other banking arrangement. At the option of an
Owner of at least $1,000,000 principal amount of the Bonds, interest may be paid by wire
transfer to the bank account of such Owner on file with the Paying Agent/Registrar.
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(d) The principal of each Bond shall be paid to the Owner thereof on the due date
(whether at the maturity date or the date of prior redemption thereof) upon presentation and
surrender of such Bond at the Designated Payment/Transfer Office of the Paying
Agent/Registrar.
(e) If the date for the payment of the principal of or interest on the Bonds shall be a
Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the
Designated Payment/Transfer Office of the Paying Agent/Registrar is located are required or
authorized by law or executive order to close, the date for such payment shall be the next
succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking
institutions are required or authorized to close, and payment on such date shall have the same
force and effect as if made on the original date payment was due and no additional interest shall
be due by reason of nonpayment on the date on which such payment is otherwise stated to be due
and payable.
(f) Unclaimed Payments shall be segregated in a special account and held in trust,
uninvested by the Paying Agent/Registrar, for the account of the Owner of the Bonds to which
the Unclaimed Payments pertain. Subject to Title 6 of the Texas Property Code, Unclaimed
Payments remaining unclaimed by the Owners entitled thereto for three (3) years after the
applicable payment or redemption date shall be applied to the next payment or payments on the
Bonds thereafter coming due and, to the extent any such money remains after the retirement of
all outstanding Bonds, shall be paid to the City to be used for any lawful purpose. Thereafter,
neither the City, the Paying Agent/Registrar nor any other person shall be liable or responsible to
any holders of such Bonds for any further payment of such unclaimed monies or on account of
any such Bonds, subject to Title 6 of the Texas Property Code.
Section 3.04 Execution and Registration of Bonds.
(a) The Bonds shall be executed on behalf of the City by the Mayor and the City
Secretary, by their manual or facsimile signatures, and the official seal of the City shall be
impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the
same effect as if each of the Bonds had been signed manually and in person by each of those
officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of
the City had been manually impressed upon each of the Bonds.
(b) In the event that any officer of the City whose manual or facsimile signature
appears on the Bonds ceases to be such officer before the authentication of such Bonds or before
the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient
for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit of this Ordinance unless and until there appears thereon the
Certificate of Paying Agent/Registrar substantially in the form provided herein, duly
authenticated by manual execution by an officer or duly authorized signatory of the Paying
Agent/Registrar. It shall not be required that the same officer or authorized signatory of the
Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Bonds. In
lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Bond
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delivered at the Closing Date shall have attached thereto the Comptroller’s Registration
Certificate substantially in the form provided herein, manually executed by the Comptroller of
Public Accounts of the State of Texas, or by his duly authorized agent, which Certificate shall be
evidence that the Bond has been duly approved by the Attorney General of the State of Texas
and that it is a valid and binding obligation of the City, and has been registered by the
Comptroller of Public Accounts of the State of Texas.
(d) On the Closing Date, one initial Bond representing the entire principal amount of
all Bonds, payable in stated installments to the initial purchaser, or its designee, executed by the
Mayor and City Secretary of the City by their manual or facsimile signatures, approved by the
Attorney General, and registered and manually signed by the Comptroller of Public Accounts,
will be delivered to the initial purchaser or its designee. Upon payment for the Initial Bond, the
Paying Agent/Registrar shall cancel the Initial Bond and deliver to DTC, on behalf of the initial
Purchaser, one typewritten Bond for each maturity representing the aggregate principal amount
for each respective maturity, registered in the name of Cede & Co., as nominee for DTC.
Section 3.05 Ownership.
(a) The City, the Paying Agent/Registrar and any other person may treat the person in
whose name any Bond is registered as the absolute owner of such Bond for the purpose of
making and receiving payment as provided herein (except interest shall be paid to the person in
whose name such Bond is registered on the Record Date), and for all other purposes, whether or
not such Bond is overdue, and neither the City nor the Paying Agent/Registrar shall be bound by
any notice or knowledge to the contrary.
(b) All payments made to the Owner of a Bond shall be valid and effectual and shall
discharge the liability of the City and the Paying Agent/Registrar upon such Bond to the extent
of the sums paid.
Section 3.06 Registration, Transfer and Exchange.
(a) So long as any Bonds remain outstanding, the City shall cause the Paying
Agent/Registrar to keep at the Designated Payment/Transfer Office a register in which, subject to
such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the
registration and transfer of Bonds in accordance with this Ordinance.
(b) The ownership of a Bond may be transferred only upon the presentation and
surrender of the Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar
with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar. No transfer of any Bond shall be effective until entered in the Register.
(c) The Bonds shall be exchangeable upon the presentation and surrender thereof at
the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Bond or Bonds of
the same maturity and interest rate and in any denomination or denominations of any integral
multiple of $5,000 and in an aggregate principal amount equal to the unpaid principal amount of
the Bonds presented for exchange. The Paying Agent/Registrar is hereby authorized to
authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section.
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(d) Each exchange Bond delivered by the Paying Agent/ Registrar in accordance with
this Section shall constitute an original contractual obligation of the City and shall be entitled to
the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of
which such exchange Bond is delivered.
(e) No service charge shall be made to the Owner for the initial registration,
subsequent transfer, or exchange for any different denomination of any of the Bonds. The
Paying Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any
tax or other governmental charge that is authorized to be imposed in connection with the
registration, transfer or exchange of a Bond.
(f) Neither the City nor the Paying Agent/Registrar shall be required to issue,
transfer, or exchange any Bond called for redemption, in whole or in part, where such
redemption is scheduled to occur within forty-five (45) calendar days after the transfer or
exchange date; provided, however, such limitation shall not be applicable to an exchange by the
Owner of the uncalled principal balance of a Bond.
Section 3.07 Cancellation.
All Bonds paid or redeemed before scheduled maturity in accordance with this
Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are
authenticated and delivered in accordance with this Ordinance, shall be cancelled and proper
records shall be made regarding such payment, redemption, exchange or replacement. The
Paying Agent/Registrar shall then return such cancelled Bonds to the City or may in accordance
with law destroy such cancelled Bonds and periodically furnish the City with certificates of
destruction of such Bonds.
Section 3.08 Temporary Bonds.
(a) Following the delivery and registration of the Initial Bond and pending the
preparation of definitive Bonds, the proper officers of the City may execute and, upon the City’s
request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Bonds
that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any
denomination, substantially of the tenor of the definitive Bonds in lieu of which they are
delivered, without coupons, and with such appropriate insertions, omissions, substitutions and
other variations as the officers of the City executing such temporary Bonds may determine, as
evidenced by their signing of such temporary Bonds.
(b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall
be entitled to the benefit and security of this Ordinance.
(c) The City, without unreasonable delay, shall prepare, execute and deliver to the
Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and
surrender of the Bonds in temporary form to the Paying Agent/Registrar, the Paying
Agent/Registrar shall cancel the Bonds in temporary form and shall authenticate and deliver in
exchange therefor Bonds of the same maturity and series, in definitive form, in the authorized
denomination, and in the same aggregate principal amount, as the Bonds in temporary form
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surrendered. Such exchange shall be made without the making of any charge therefor to any
Owner.
Section 3.09 Replacement Bonds.
(a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated
Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a
replacement Bond of like tenor and principal amount, bearing a number not contemporaneously
outstanding. The City or the Paying Agent/Registrar may require the Owner of such Bond to pay
a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed
in connection therewith and any other expenses connected therewith.
(b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the
Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence
of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall
authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a
number not contemporaneously outstanding, provided that the Owner first:
(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his

ownership of and the circumstances of the loss, destruction or theft of such Bond;
(ii) furnishes such security or indemnity as may be required by the Paying

Agent/Registrar to save it and the City harmless;
(iii) pays all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or
other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the City and the
Paying Agent/Registrar.
(c) If, after the delivery of such replacement Bond, a bona fide purchaser of the
original Bond in lieu of which such replacement Bond was issued presents for payment such
original Bond, the City and the Paying Agent/Registrar shall be entitled to recover such
replacement Bond from the person to whom it was delivered or any person taking therefrom,
except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity
provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the
Paying Agent/Registrar in connection therewith.
(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully
taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its
discretion, instead of issuing a replacement Bond, may pay such Bond if it has become due and
payable or may pay such Bond when it becomes due and payable.
(e) Each replacement Bond delivered in accordance with this Section shall constitute
an original additional contractual obligation of the City and shall be entitled to the benefits and
security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such
replacement Bond is delivered.
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Section 3.10 Book-Entry Only System.
(a) Notwithstanding any other provision hereof, upon initial issuance of the Bonds,
the ownership of the Bonds shall be registered in the name of Cede & Co., as nominee of DTC.
The definitive Bonds shall be initially issued in the form of a single separate fully registered
certificate for each of the maturities thereof.
(b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC,
the City and the Paying Agent/ Registrar shall have no responsibility or obligation to any DTC
Participant or to any person on behalf of whom such a DTC Participant holds an interest in the
Bonds. Without limiting the immediately preceding sentence, the City and the Paying
Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the
records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in
the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Bondholder,
as shown on the Register, of any notice with respect to the Bonds, including any notice of
redemption, or (iii) the payment to any DTC Participant or any other person, other than a
Bondholder, as shown in the Register of any amount with respect to principal of, premium, if
any, or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the
contrary, the City and the Paying Agent/Registrar shall be entitled to treat and consider the
person in whose name each Bond is registered in the Register as the absolute owner of such
Bond for the purpose of payment of principal of, premium, if any, and interest on such Bonds,
for the purpose of all matters with respect to such Bond, for the purpose of registering transfer
with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar
shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of
the respective owners, as shown in the Register as provided in this Ordinance, or their respective
attorneys duly authorized in writing, and all such payments shall be valid and effective to fully
satisfy and discharge the City’s obligations with respect to payment of, premium, if any, and
interest on the Bonds to the extent of the sum or sums so paid. No person other than an owner,
as shown in the Register, shall receive a certificate evidencing the obligation of the City to make
payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Paying
Agent/Registrar of written notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., the word “Cede & Co.” in this Ordinance shall refer to such
new nominee of DTC.
Section 3.11 Successor Securities Depository; Transfer Outside Book-Entry Only

System.
In the event that the City or the Paying Agent/Registrar determines that DTC is incapable
of discharging its responsibilities described herein and in the Representations Letter of the City
to DTC, or in the event DTC discontinues the services described herein, the City or the Paying
Agent/Registrar shall (i) appoint a successor securities depository, qualified to act as such under
Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC
Participants of the appointment of such successor securities depository and transfer one or more
separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants
of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC
Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no
longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of
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DTC, but may be registered in the name of the successor securities depository, or its nominee, or
in whatever name or names Bondholders transferring or exchanging Bonds shall designate, in
accordance with the provisions of this Ordinance.
Section 3.12 Payments to Cede & Co.
Notwithstanding any other provision of this Ordinance to the contrary, so long as any
Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect
to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such
Bonds, shall be made and given, respectively, in the manner provided in the blanket letter of
representation of the City to DTC.
ARTICLE IV
Section 4.01 Limitation on Redemption.
The Bonds shall be subject to redemption before scheduled maturity only as provided in
this Article IV.
Section 4.02 Optional Redemption.
(a) The City reserves the option to redeem Bonds in the manner provided in the Form
of Bond set forth in Section 6.02 of this Ordinance with such changes as are required by the
Pricing Certificate.
(b) The City, at least forty-five (45) days before the redemption date, unless a shorter
period shall be satisfactory to the Paying Agent/Registrar, shall notify the Paying
Agent/Registrar of such redemption date and of the principal amount of Bonds to be redeemed.
Section 4.03 Mandatory Sinking Fund Redemption.
(a) Bonds designated as “Term Bonds” in the Pricing Certificate, if any, are subject
to scheduled mandatory redemption and will be redeemed by the City, in part at a price equal to
the principal amount thereof, without premium, plus accrued interest to the redemption date, out
of moneys available for such purpose in the Interest and Sinking Fund, on the dates and in the
respective principal amounts as set forth in the Pricing Certificate.
(b) At least forty-five (45) days prior to each scheduled mandatory redemption date,
the Paying Agent/Registrar shall select for redemption by lot, or by any other customary method
that results in a random selection, a principal amount of Term Bonds equal to the aggregate
principal amount of such Term Bonds to be redeemed, shall call such Term Bonds for
redemption on such scheduled mandatory redemption date, and shall give notice of such
redemption, as provided in Section 4.05.
(c) In lieu of calling the Term Bonds described in subsection (a), above, for
mandatory redemption, the City reserves the right to purchase such Term Bonds at a price not
exceeding the principal amount thereof, plus accrued interest, with (i) moneys on deposit in the
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Interest and Sinking Fund which are available for the mandatory redemption of such Term Bonds
or (ii) other lawfully available funds.
(d) Upon any such purchase in lieu of redemption, not less than forty five (45) days
prior to a mandatory redemption date, the City shall deliver such Term Bonds to the Paying
Agent/Registrar prior to the selection of the Term Bonds for redemption and the principal
amount so delivered shall be credited against the amount required to be called for redemption in
that year.
(e) To the extent that the Term Bonds have been previously redeemed other than
from such scheduled mandatory redemption payments, the amount of each scheduled mandatory
redemption payment set forth above shall be reduced, as nearly as practicable, on a pro rata
basis.
Section 4.04 Partial Redemption.
(a) If less than all of the Bonds are to be redeemed pursuant to Section 4.02 hereof,
the City shall determine the maturity or maturities and the amounts thereof to be redeemed and
shall direct the Paying Agent/Registrar to call by lot the Bonds, or portions thereof, within such
maturity or maturities and in such principal amounts for redemption.
(b) A portion of a single Bond of a denomination greater than $5,000 may be

redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. If
such a Bond is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000
portion of the Bond as though it were a single Bond for purposes of selection for redemption.
(c) Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar,
in accordance with Section 3.06 of this Ordinance, shall authenticate and deliver an exchange
Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond so
surrendered, such exchange being without charge.
(d) The Paying Agent/Registrar shall promptly notify the City in writing of the
principal amount to be redeemed of any Bond as to which only a portion thereof is to be
redeemed.
Section 4.05 Notice of Redemption to Owners.
(a) The Paying Agent/Registrar shall give notice of any redemption of Bonds by
sending notice by first class United States mail, postage prepaid, not less than thirty (30) days
before the date fixed for redemption, to the Owner of each Bond (or part thereof) to be
redeemed, at the address shown on the Register at the close of business on the business day next
preceding the date of mailing such notice.
(b) The notice shall state the redemption date, the redemption price, the place at
which the Bonds are to be surrendered for payment, and, if less than all the Bonds outstanding
are to be redeemed, an identification of the Bonds or portions thereof to be redeemed.
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(c) Any notice given as provided in this Section shall be conclusively presumed to
have been duly given, whether or not the Owner receives such notice.
Section 4.06 Payment Upon Redemption.
(a) Before or on each redemption date, the City shall deposit with the Paying
Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying
Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date
by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar
from the City and shall use such funds solely for the purpose of paying the principal of,
redemption premium, if any, and accrued interest on the Bonds being redeemed.
(b) Upon presentation and surrender of any Bond called for redemption at the
Designated Payment/Transfer Office of the Paying Agent/Registrar on or after the date fixed for
redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any,
and accrued interest on such Bond to the date of redemption from the money set aside for such
purpose.
Section 4.07 Conditional Notice of Redemption.
The City reserves the right, in the case of an optional redemption pursuant to Section 4.02
herein, to give notice of its election or direction to redeem Bonds conditioned upon the
occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned
upon the deposit of moneys and/or authorized securities, in an amount equal to the amount
necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may
be authorized by law, no later than the redemption date, or (ii) that the City retains the right to
rescind such notice at any time on or prior to the scheduled redemption date if the City delivers a
certificate of the City to the Paying Agent/Registrar instructing the Paying Agent/Registrar to
rescind the redemption notice and such notice and redemption shall be of no effect if such
moneys and/or authorized securities are not so deposited or if the notice is rescinded. The
Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of
redemption to the affected Owners. Any Bonds subject to conditional redemption and such
redemption has been rescinded shall remain Outstanding and the rescission of such redemption
shall not constitute an event of default. Further, in the case of a conditional redemption, the
failure of the City to make moneys and or authorized securities available in part or in whole on
or before the redemption date shall not constitute an event of default.
Section 4.08 Lapse of Payment.
Money set aside for the redemption of the Bonds and remaining unclaimed by Owners
thereof shall be subject to the provisions of Section 3.03(f) hereof.
Section 4.09 Effect of Redemption.
(a) Notice of redemption having been given as provided in Section 4.05 of this
Ordinance, the Bonds or portions thereof called for redemption shall become due and payable on
the date fixed for redemption and, unless the City defaults in its obligation to make provision for
the payment of the principal thereof, redemption premium, if any, or accrued interest thereon,
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such Bonds or portions thereof shall cease to bear interest from and after the date fixed for
redemption, whether or not such Bonds are presented and surrendered for payment on such date.
(b) If the City shall fail to make provision for payment of all sums due on a
redemption date, then any Bond or portion thereof called for redemption shall continue to bear
interest at the rate stated on the Bond until due provision is made for the payment of same by the
City.
ARTICLE V
Section 5.01 Appointment of Initial Paying Agent/Registrar.
The Bank of New York Mellon Trust Company, National Association, Dallas, Texas, is
hereby appointed as the initial Paying Agent/Registrar for the Bonds.
Section 5.02 Qualifications.
Each Paying Agent/Registrar shall be a commercial bank, a trust company organized

under the laws of the State of Texas, or any other entity duly qualified and legally authorized to
serve as and perform the duties and services of paying agent and registrar for the Bonds.
Section 5.03 Maintaining Paying Agent/Registrar.
(a) At all times while any Bonds are outstanding, the City will maintain a Paying
Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor is hereby
authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the
duties and responsibilities of the City and the Paying Agent/Registrar. The signature of the
Mayor shall be attested by the City Secretary of the City.
(b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the
City will promptly appoint a replacement.
Section 5.04 Termination.
The City, upon not less than sixty (60) days notice, reserves the right to terminate the
appointment of any Paying Agent/ Registrar by delivering to the entity whose appointment is to
be terminated written notice of such termination.
Section 5.05 Notice of Change to Owners.
Promptly upon each change in the entity serving as Paying Agent/Registrar, the City will
cause notice of the change to be sent to each Owner by first class United States mail, postage
prepaid, at the address in the Register, stating the effective date of the change and the name and
mailing address of the replacement Paying Agent/Registrar.
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Section 5.06 Agreement to Perform Duties and Functions.
By accepting the appointment as Paying Agent/Registrar and executing the Paying

Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the
provisions of this Ordinance and that it will perform the duties and functions of Paying
Agent/Registrar prescribed thereby.
Section 5.07 Delivery of Records to Successor.
If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the

appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent
books and records relating to the Bonds to the successor Paying Agent/Registrar.
ARTICLE VI
FORM OF THE BONDS
Section 6.01 Form Generally.
(a) The Bonds, the Registration Certificate of the Comptroller of Public Accounts of
the State of Texas, the Certificate of the Paying Agent/Registrar, and the Assignment form to
appear on each of the Bonds, (i) shall be substantially in the form set forth in this Article, with
such appropriate insertions, omissions, substitutions, and other variations as are permitted or
required by this Ordinance, and (ii) may have such letters, numbers, or other marks of
identification (including identifying numbers and letters of the Committee on Uniform Securities
Identification Procedures of the American Bankers Association) and such legends and
endorsements (including any reproduction of an opinion of counsel) thereon as, consistently
herewith, may be determined by the City or by the officers executing such Bonds, as evidenced
by their execution thereof.
(b) Any portion of the text of any Bonds may be set forth on the reverse side thereof,
with an appropriate reference thereto on the face of the Bonds.
(c) The definitive Bonds shall be typewritten, printed, lithographed, or engraved, and
may be produced by any combination of these methods or produced in any other similar manner,
all as determined by the officers executing such Bonds, as evidenced by their execution thereof.
(d) The Initial Bond submitted to the Attorney General of the State of Texas may be
typewritten and photocopied or otherwise reproduced.
Section 6.02 Form of the Bonds.
The form of the Bond, including the form of the Registration Certificate of the
Comptroller of Public Accounts of the State of Texas, the form of Certificate of the Paying
Agent/Registrar and the form of Assignment appearing on the Bonds, shall be substantially as
follows:
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(a) Form of Bond.
REGISTERED REGISTERED
No. _____ $___________
United States of America
State of Texas
County of Dallas
GENERAL OBLIGATION BOND
TAX-EXEMPT SERIES 2010A2
INTEREST RATE: MATURITY DATE: BOND DATE: CUSIP NUMBER:

________% September __, ____ _________, 20093 __________
The City of Irving, Texas (the “City”), in the County of Dallas, State of Texas, for value
received, hereby promises to pay to
_________________________
or registered assigns, on the Maturity Date specified above, the sum of
_______________________ DOLLARS
unless this Bond shall have been sooner called for redemption and the payment of the principal
hereof shall have been paid or provided for, and to pay interest on such principal amount from
the later of the Bond Date specified above or the most recent interest payment date to which
interest has been paid or provided for until payment of such principal amount has been paid or
provided for, at the per annum rate of interest specified above, computed on the basis of a three
hundred sixty (360) day year of twelve (12) thirty (30) day months, such interest to be paid
semiannually on March 15 and September 15 of each year, commencing ____________4
The principal of this Bond shall be payable without exchange or collection charges in
lawful money of the United States of America upon presentation and surrender of this Bond at
the corporate trust office in Dallas, Texas (the “Designated Payment/Transfer Office”) of The
Bank of New York Mellon Trust Company, National Association, Dallas, Texas, as Paying
Agent/Registrar or, with respect to a successor Paying Agent/Registrar, at the Designated
Payment/Transfer Office thereof. Interest on this Bond is payable by check dated as of the
interest payment date, and will be mailed by the Paying Agent/Registrar to the registered owner
at the address shown on the registration books kept by the Paying Agent/Registrar or by such
other customary banking arrangement acceptable to the Paying Agent/Registrar and the
2
Complete title to be designated in Pricing Certificate.
3
Insert based upon the Pricing Certificate.
4
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registered owner; provided, however, such registered owner shall bear all risk and expense of
such other banking arrangement. At the option of an Owner of at least $1,000,000 principal
amount of the Bonds, interest may be paid by wire transfer to the bank account of such Owner on
file with the Paying Agent/Registrar. For the purpose of the payment of interest on this Bond,
the registered owner shall be the person in whose name this Bond is registered at the close of
business on the “Record Date,” which shall be the last business day of the month next preceding
such interest payment date.
If the date for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, legal holiday, or day on which banking institutions in the city where the Paying
Agent/Registrar is located are required or authorized by law or executive order to close, the date
for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal
holiday, or day on which banking institutions are required or authorized to close, and payment on
such date shall have the same force and effect as if made on the original date payment was due
and no additional interest shall be due by reason of nonpayment on the date on which such
payment is otherwise stated to be due and payable.
This Bond is dated ____, 20095 and is one of a series of fully registered bonds specified
in the title hereof issued in the aggregate principal amount of $_____________6 (herein referred
to as the “Bonds”), issued pursuant to a certain ordinance of the City (the “Ordinance”) for the
purpose of providing funds with which to make certain permanent public improvements within
the City and to refund in advance of their maturity certain outstanding obligations of the City,
and to pay the costs of issuing the Bonds.
[The City has reserved the option to redeem the Bonds maturing on or after
September 15, _____, in whole or in part before their respective scheduled maturity dates, on
September 15, ____, or on any date thereafter, at a price equal to the principal amount of the
Bonds so called for redemption plus accrued interest to the date fixed for redemption. If less
than all of the Bonds are to be redeemed, the City shall determine the maturity or maturities and
the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot the
Bonds, or portions thereof, within such maturity and in such principal amounts, for redemption.]7
[The Bonds stated to mature on September 15, 20__, are subject to scheduled mandatory
redemption by the Paying Agent/Registrar by lot, or by any other customary method that results
in a random selection, at a price equal to the principal amount thereof, without premium, plus
accrued interest to the redemption date, on the dates and in the respective principal amounts as
follows:
Principal
Redemption Date Amount
September 15, 20__ $________
September 15, 20__ ________
September 15, 20__ (maturity) ________
5
6
7
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In lieu of such mandatory redemptions the District has reserved the right to purchase the
Term Bonds maturing September 15, 20__ at a price not exceeding the principal amount thereof,
plus accrued interest, out of (i) moneys available for such purpose in the Interest and Sinking
Fund or (ii) other lawfully available funds. The principal amount of Term Bonds maturing
September 15, 20__, so purchased shall reduce the principal amount of Term Bonds maturing
September 15, 20__, required for mandatory redemption in such year. To the extent that the
Term Bonds maturing September 15, 20__ have been previously redeemed other than from such
scheduled mandatory redemption payments, the amount of each scheduled mandatory
basis.]8
[Notice of such redemption or redemptions shall be given by first class mail, postage
prepaid, not less than thirty (30) days before the date fixed for redemption, to the registered
owner of each of the Bonds to be redeemed in whole or in part. Notice having been so given, the
Bonds or portions thereof designated for redemption shall become due and payable on the
redemption date specified in such notice; from and after such date, notwithstanding that any of
the Bonds or portions thereof so called for redemption shall not have been surrendered for
payment, interest on such Bonds or portions thereof shall cease to accrue.
The City reserves the right to give notice of its election or direction to redeem
Certificates conditioned upon the occurrence of subsequent events. Such notice may state (i) that
the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an
amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar,
or such other entity as may be authorized by law, no later than the redemption date, or (ii) that
the City retains the right to rescind such notice at any time on or prior to the scheduled
redemption date if the City delivers a certificate of the City to the Paying Agent/Registrar
instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and
redemption shall be of no effect if such moneys and/or authorized securities are not so deposited
or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such
rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to
conditional redemption and such redemption has been rescinded shall remain Outstanding and
the rescission of such redemption shall not constitute an event of default. Further, in the case of
a conditional redemption, the failure of the City to make moneys and or authorized securities
available in part or in whole on or before the redemption date shall not constitute an event of
default.]9
As provided in the Ordinance, and subject to certain limitations therein set forth, this
Bond is transferable upon surrender of this Bond for transfer at the Designated Payment/Transfer
Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is
acceptable to the Paying Agent/Registrar; thereupon, one or more new fully registered Bonds of
the same stated maturity, of authorized denominations, bearing the same rate of interest, and for
the same aggregate principal amount will be issued to the designated transferee or transferees.
8
Insert mandatory sinking fund redemption provisions for the Bonds, if any, and revise as necessary to conform to
the Pricing Certificate.
9
To be inserted based upon Pricing Certificate.
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Neither the City nor the Paying Agent/Registrar shall be required to issue, transfer or
exchange any Bond called for redemption where such redemption is scheduled to occur within
forty-five (45) calendar days of the transfer or exchange date; provided, however, such limitation
shall not be applicable to an exchange by the registered owner of the uncalled principal balance
of a Bond.
The City, the Paying Agent/Registrar, and any other person may treat the person in whose
name this Bond is registered as the owner hereof for the purpose of receiving payment as herein
provided (except interest shall be paid to the person in whose name this Bond is registered on the
Record Date) and for all other purposes, whether or not this Bond be overdue, and neither the
City nor the Paying Agent/Registrar shall be affected by notice to the contrary.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the
series of which it is a part is duly authorized by law, and has been authorized by a vote of the
properly qualified electors of the City; that all acts, conditions and things required to be done
precedent to and in the issuance of the Bonds have been properly done and performed and have
happened in regular and due time, form and manner, as required by law; and that ad valorem
taxes upon all taxable property in the City have been levied for and pledged to the payment of
the debt service requirements of the Bonds, within the limit prescribed by law.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual
or facsimile signature of the Mayor of the City and countersigned by the manual or facsimile
signature of the City Secretary of the City, and the official seal of the City has been duly
impressed or placed in facsimile on this Bond.
City Secretary, Mayor,

City of Irving, Texas City of Irving, Texas
(SEAL)
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(b) Form of Comptroller’s Registration Certificate.
The following Comptroller’s Registration Certificate may be deleted from the definitive
Bonds if such certificate on the Initial Bond is fully executed.
OFFICE OF THE COMPTROLLER §

OF PUBLIC ACCOUNTS § REGISTER NO. ____________
OF THE STATE OF TEXAS §
I hereby certify that there is on file and of record in my office a certificate of the Attorney
General of the State of Texas to the effect that this Bond has been examined by him as required
by law, that he finds that it has been issued in conformity with the Constitution and laws of the
State of Texas, and that it is a valid and binding obligation of the City of Irving, Texas, and that
this Bond has this day been registered by me.
Witness my hand and seal of office at Austin, Texas, ________________.
Comptroller of Public Accounts

of the State of Texas
SEAL
(c) Form of Certificate of Paying Agent/Registrar.
The following Certificate of Paying Agent/Registrar may be deleted from the Initial Bond
if the Comptroller’s Registration Certificate appears thereon.
CERTIFICATE OF PAYING AGENT/REGISTRAR
The records of the Paying Agent/Registrar show that the Initial Bond of this series of
bonds was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas, and that this is one of the Bonds referred
to in the within-mentioned Ordinance.
THE BANK OF NEW YORK MELLON

TRUST COMPANY, NATIONAL ASSOCIATION
Dallas, Texas, as Paying Agent/Registrar
Dated: _______________________ By:

Authorized Signatory
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(d) Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto
(print or typewrite name, address and Zip Code of transferee):
(Social Security or other identifying number: ____________________) the within Bond
and all rights hereunder and hereby irrevocably constitutes and appoints __________________
attorney to transfer the within Bond on the books kept for registration hereof, with full power of
substitution in the premises.
Dated:
NOTICE: The signature on this Assignment
must correspond with the name of the
registered owner as it appears on the face of
the within Bond in every particular and must
be guaranteed in a manner acceptable to the
Signature Guaranteed By:
(e) Each Initial Bond shall be in the form set forth in paragraphs (a) through (d) of
this Section, except for the following alterations:
(i) immediately under the name of the Bond (which name shall be set forth in
the Pricing Certificate), the headings “INTEREST RATE” and “MATURITY DATE”
shall both be completed with the words “As shown below”;
(ii) in the first paragraph of the Bond, the words “on the Maturity Date
specified above” shall be deleted and the following will be inserted: “on September 15 in
each of the years, in the principal installments and bearing interest at the per annum rates
in accordance with the following schedule:
Year Principal Amounts Interest Rate
(Information to be inserted from Pricing Certificate)
(iii) the Initial Bond or Bonds shall be numbered T-1 upward.
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Section 6.03 CUSIP Registration.
The City may secure identification numbers through the CUSIP Service Bureau Division
of Standard & Poor’s Corporation, New York, New York, and may authorize the printing of such
numbers on the face of the Bonds. It is expressly provided, however, that the presence or
absence of CUSIP numbers on the Bonds shall be of no significance or effect as regards the
legality thereof and neither the City nor the attorneys approving said Bonds as to legality are to
be held responsible for CUSIP numbers incorrectly printed on the Bonds.
Section 6.04 Legal Opinion.
The approving legal opinion of Vinson & Elkins L.L.P., Bond Counsel, may be printed
on the reverse side of each Bond over the certification of the City Secretary of the City, which
may be executed in facsimile.
Section 6.05 Statement of Insurance.
A statement relating to a municipal bond insurance policy, if any, to be issued for the
Bonds may be printed on or attached to each Bond.
ARTICLE VII
Section 7.01 Sale of Bonds, Official Statement.
(a) The Bonds shall be sold at private sale to the Underwriters in accordance with the
terms of this Ordinance, including this Section 7.01(a). As authorized by the Chapter 1371,
Texas Government Code, as amended, the Pricing Committee is authorized to act on behalf of
the City upon determining that the conditions set forth below can be satisfied, in selling and
delivering the Bonds and carrying out the other procedures specified in this Ordinance, including
determining the price at which each of the Bonds will be sold, the number and designation of
series of Bonds to be issued, the form in which the Bonds shall be issued, the years in which the
Bonds will mature, the principal amount to mature in each of such years, the aggregate principal
amount of the Bonds, the rate of interest to be borne by each such maturity, the first interest
payment date, the dates, prices and terms upon and at which the Bonds shall be subject to
redemption prior to maturity at the option of the City and shall be subject to mandatory sinking
fund redemption, and all other matters relating to the issuance, sale and delivery of the Bonds, all
of which shall be specified in the Pricing Certificate; provided that the following conditions can
be satisfied:
(i) the Bonds shall not bear interest at a rate greater than the maximum rate
allowed by Chapter 1204, Texas Government Code, as amended; and
(ii) the aggregate principal amount of the Bonds authorized to be issued for
the purposes described in Section 3.01 shall not exceed the maximum amount authorized
in Section 3.01 hereof ($19,000,000); and
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(iii) all such terms and determinations pertaining to the pricing of the Bonds
shall be based on bond market conditions and available interest rates for the Bonds on the
date of the sale of the Bonds, all as set forth in the Pricing Certificate.; and
(iv) prior to delivery of the Bonds to the Underwriters, the Bonds must have
been rated by a nationally recognized rating agency for municipal securities in one of the
four highest rating categories for long term obligations.
The Pricing Committee Officer is hereby authorized and directed to execute and deliver
on behalf of the City a bond purchase contract (the “Purchase Contract”), providing for the sale
of the Bonds to the Underwriters, in such form as determined by the Pricing Committee. The
Pricing Committee is hereby authorized and directed to approve the final terms and provisions of
the Purchase Contract in accordance with the terms of the Pricing Certificate and this Ordinance,
such approval being evidenced by its execution thereof by any member of the Pricing
Committee. With regard to such terms and provisions of said Purchase Contract, the Pricing
Committee is hereby authorized to come to an agreement with the Underwriters on the
following, among other matters:
1. The details of the purchase and sale of the Bonds;

2. The details of the public offering of the Bonds by the Underwriters;
3. The details of an Official Statement (and, if appropriate, any Preliminary Official
Statement) relating to the Bonds and the District’s Rule 15c2-12 compliance;
4. A security deposit for the Bonds;
5. The representations and warranties of the City to the Underwriters;
6. The details of the delivery of, and payment for, the Bonds;
7. The Underwriters’ obligations under the Purchase Contract;
8. The certain conditions to the obligations of the City under the Purchase Contract;
9. Termination of the Purchase Contract;
10. Particular covenants of the City;
11. The survival of representations made in the Purchase Contract;
12. The payment of any expenses relating to the Purchase Contract;
13. Notices; and
14. Any and all such other details that are found by the Pricing Committee to be
necessary and advisable for the purchase and sale of the Bonds.
Any member of the Pricing Committee, acting singly, is hereby authorized and directed
to execute said Purchase Contract for and on behalf of the City and as the act and deed of this
City Council.
The authority granted to the Pricing Committee under this Section 7.01(a) shall expire on
March 31, 2010 unless otherwise extended by the City Council by separate action.
(b) The form and substance of the Preliminary Official Statement and any addenda,
supplement or amendment thereto, presented to and considered at this meeting are hereby in all
respects approved. The City’s financial advisor, Bond Counsel, City Manager and Chief
Financial Officer are each authorized to complete the Preliminary Official Statement with such
modifications, completions, changes and supplements, as those persons shall approve or
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authorize for the purpose of preparing and determining and to certify or otherwise represent that
the revised Preliminary Official Statement is a “deemed final” official statement as of its date
within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities
Exchange Act of 1934, as amended. The use and distribution of the revised Preliminary Official
Statement in the public offering of the Certificates by the Underwriters is hereby authorized.
The City Manager, Chief Financial Officer, Mayor and the City Secretary of the City are hereby
authorized and directed to use and distribute or authorize the use and distribution of the final
Official Statement and any addenda, supplement or amendment thereto (the “Official
Statement”) and to execute the same and deliver appropriate numbers of executed copies thereof
to the Underwriters of the Certificates. The Official Statement as thus approved, executed and
delivered, with such appropriate variations as shall be approved by the City Manager, Chief
Financial Officer, Mayor of the City and the Underwriters, may be used by the Underwriters in
the public offering and sale thereof. The City Secretary is hereby authorized and directed to
include and maintain a copy of the Official Statement and any addenda, supplement or
amendment thereto thus approved among the permanent records of this meeting.
(c) All officers of the City are authorized to execute such documents, certificates and
receipts as they may deem appropriate in order to consummate the delivery of the Certificates in
accordance with the terms of sale therefor. Further, in connection with the submission of the
record of proceedings for the Certificates to the Attorney General of the State of Texas for
examination and approval of such Certificates, the appropriate officer of the City is hereby
authorized and directed to issue a check of the City payable to the Attorney General of the State
of Texas as a nonrefundable examination fee in the amount required by Chapter 1202, Texas
Government Code (such amount to be the lesser of (i) 1/10th of 1% of the principal amount of
the Certificates or (ii) $9,500).
(d) The obligation of the Underwriters to accept delivery of the Bonds is subject to
the Underwriters being furnished with the final, approving opinion of Vinson & Elkins L.L.P.,
Bond Counsel, which opinion shall be dated and delivered on the Closing Date. The Mayor is
hereby authorized and directed to execute the engagement letter with Vinson & Elkins L.L.P.,
setting forth such firm’s duties as Disclosure Counsel for the City, and such engagement letter
and the terms thereof in the form presented at this meeting are hereby approved and accepted.
(e) The obligation of the purchaser identified in subsection (a) of this Section to
accept delivery of the Bonds is subject to such purchaser being furnished with the final,
approving opinion of Vinson & Elkins L.L.P., Bond Counsel for the City, which opinion shall be
dated and delivered the Closing Date.
Section 7.02 Control and Delivery of Bonds.
(a) The Mayor of the City is hereby authorized to have control of the Initial Bond and
all necessary records and proceedings pertaining thereto pending investigation, examination and
approval of the Attorney General of the State of Texas, registration by the Comptroller of Public
Accounts of the State of Texas and registration with, and initial exchange or transfer by, the
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(b) After registration by the Comptroller of Public Accounts of the State of Texas,
delivery of the Bonds shall be made to the initial purchasers thereof under and subject to the
general supervision and direction of the Mayor, against receipt by the City of all amounts due to
the City under the terms of sale.
Section 7.03 Deposit of Proceeds.
(a) All amounts received on the Closing Date as accrued interest on the Bonds from
the Bond Date to the Closing Date plus premium, if any, as may be set forth in the Pricing
Certificate, shall be deposited to the Interest and Sinking Fund.
(b) The remaining balance received on the Closing Date, in the amount as set forth in
the Pricing Certificate, including premium, if any, as set forth in the Pricing Certificate, shall be
deposited to the Construction Fund, and shall be used for the purposes described in Section 3.01
and to pay the cost of issuing the Bonds (including premium, if any, and as may be set forth in
the Pricing Certificate).
(c) To the extent necessary to effect the intent and purposes of this Ordinance, the
City Manager of the City is hereby authorized to reallocate or adjust the application of the
proceeds of the Bonds as set forth above (except the amounts described in Section 7.03(a)
above).
ARTICLE VIII
INVESTMENTS
Section 8.01 Investments.
(a) Money in the Interest and Sinking Fund created by this Ordinance, at the City’s
option, may be invested in such securities or obligations as permitted under applicable law.
(b) Any securities or obligations in which money is so invested shall be kept and held
in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely
applied to the making of all payments required to be made from the fund from which the
investment was made.
Section 8.02 Investment Income.
(a) Interest and income derived from investment of the Interest and Sinking Fund
shall be credited to such Fund.
(b) Interest and income derived from the investment of the funds deposited pursuant
to Section 7.03(b) hereof shall be credited to the fund or account where deposited until the
construction of the projects for which the Bonds are issued is completed; thereafter, to the extent
such interest and income are present, such interest and income shall be deposited to the Interest
and Sinking Fund.
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ARTICLE IX
Section 9.01 Payment of the Bonds.
On or before each Interest Payment Date for the Bonds and while any of the Bonds are
outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the
Interest and Sinking Fund, money sufficient to pay such interest on and principal of the Bonds as
will accrue or mature on the applicable Interest Payment Date or date of prior redemption.
Section 9.02 Other Representations and Covenants.
(a) The City will faithfully perform at all times any and all covenants, undertakings,
stipulations, and provisions contained in this Ordinance and in each Bond; the City will promptly
pay or cause to be paid the principal of and interest on each Bond on the dates and at the places
and manner prescribed in such Bond; and the City will, at the times and in the manner prescribed
by this Ordinance, deposit or cause to be deposited the amounts of money specified by this
Ordinance.
(b) The City is duly authorized under the laws of the State of Texas to issue the
Bonds; all action on its part for the creation and issuance of the Bonds has been duly and
effectively taken; and the Bonds in the hands of the Owners thereof are and will be valid and
enforceable obligations of the City in accordance with their terms.
Section 9.03 Provisions Concerning Federal Income Tax Exclusion.
The City intends that the interest on the Bonds shall be excludable from gross income for
purposes of federal income taxation pursuant to sections 103 and 141 through 150 of the Internal
Revenue Code of 1986, as amended (the “Code”), and the applicable regulations promulgated
thereunder (the “Regulations”). The City covenants and agrees not to take any action, or
knowingly omit to take any action within its control, that if taken or omitted, respectively, would
cause the interest on the Bonds to be includable in the gross income, as defined in section 61 of
the Code, of the holders thereof for purposes of federal income taxation. In particular, the City
covenants and agrees to comply with each requirement of this Article IX; provided, however,
that the City shall not be required to comply with any particular requirement of this Article IX if
the City has received an opinion of nationally recognized bond counsel (“Counsel’s Opinion”)
that such noncompliance will not adversely affect the exclusion from gross income for federal
income tax purposes of interest on the Bonds or if the City has received a Counsel’s Opinion to
the effect that compliance with some other requirement set forth in this Article IX will satisfy the
applicable requirements of the Code, in which case compliance with such other requirement
specified in such Counsel’s Opinion shall constitute compliance with the corresponding
requirement specified in this Article IX.
Section 9.04 No Private Use or Payment and No Private Loan Financing.
The City shall certify, through an authorized officer, employee or agent, that, based upon
all facts and estimates known or reasonably expected to be in existence on the date the Bonds are
delivered, the proceeds of the Bonds will not be used in a manner that would cause the Bonds to
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be “private activity bonds” within the meaning of section 141 of the Code and the Regulations.
The City covenants and agrees that it will make such use of the proceeds of the Bonds, including
interest or other investment income derived from Bond proceeds, regulate the use of property
financed, directly or indirectly, with such proceeds, and take such other and further action as may
be required so that the bonds will not be “private activity bonds” within the meaning of section
141 of the Code and the Regulations.
Section 9.05 No Federal Guaranty.
The City covenants and agrees not to take any action, or knowingly omit to take any
action within its control, that, if taken or omitted, respectively, would cause the Bonds to be
“federally guaranteed” within the meaning of section 149(b) of the Code and the Regulations,
except as permitted by section 149(b)(3) of the Code and the Regulations.
Section 9.06 Bonds are not Hedge Bonds.
action, and has not knowingly omitted and will not knowingly omit to take any action, within its
control, that, if taken or omitted, respectively, would cause the Bonds to be “hedge bonds”
within the meaning of section 149(g) of the Code and the Regulations.
Section 9.07 No-Arbitrage Covenant.
delivered, the City will reasonably expect that the proceeds of the Bonds will not be used in a
manner that would cause the Bonds to be “arbitrage bonds” within the meaning of section 148(a)
of the Code and the Regulations. Moreover, the City covenants and agrees that it will make such
use of the proceeds of the Bonds including interest or other investment income derived from
Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further
action as may be required so that the Bonds will not be “arbitrage bonds” within the meaning of
section 148(a) of the Code and the Regulations.
Section 9.08 Arbitrage Rebate.
If the City does not qualify for an exception to the requirements of Section 148(f) of the
Code, the City will take all necessary steps to comply with the requirement that certain amounts
earned by the City on the investment of the “gross proceeds” of the Bonds (within the meaning
of section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the City
will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be
required to calculate the amount earned on the investment of the gross proceeds of the Bonds
separately from records of amounts on deposit in the funds and accounts of the City allocable to
other bond issue of the City or moneys which do not represent gross proceeds of any bonds of
the City, (ii) calculate at such times as are required by the Regulations, the amount earned from
the investment of the gross proceeds of the Bonds which is required to be rebated to the federal
government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the
Bonds or on such other dates as may be permitted under the Regulations, all amounts required to
be rebated to the federal government. Further, the City will not indirectly pay any amount
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otherwise payable to the federal government pursuant to the foregoing requirements to any
person other than the federal government by entering into any investment arrangement with
respect to the gross proceeds of the Bonds that might result in a reduction in the amount required
to be paid to the federal government because such arrangement results in a smaller profit or a
larger loss than would have resulted if the arrangement had been at arm’s length and had the
yield on the issue not been relevant to either party.
Section 9.09 Information Reporting.
The City covenants and agrees to file or cause to be filed with the Secretary of the
Treasury, not later than the 15th day of the second calendar month after the close of the calendar
quarter in which the Bonds are issued, an information statement concerning the Bonds, all under
and in accordance with section 149(e) of the Code and the Regulations.
Section 9.10 Continuing Obligation.
Notwithstanding any other provision of this Ordinance, the City’s obligations under the
covenants and provisions of this Article IX shall survive the defeasance and discharge of the
Bonds.
ARTICLE X
Section 10.01 Events of Default.
Each of the following occurrences or events for the purpose of this Ordinance is hereby
declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the
Bonds when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant,

agreement or obligation of the City, which default materially and adversely affects the
rights of the Owners, including but not limited to, their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of sixty (60)
days after notice of such default is given by any Owner to the City.
Section 10.02 Remedies for Default.
Upon the happening of any Event of Default, then any Owner or an authorized
representative thereof, including but not limited to, a trustee or trustees therefor, may proceed
against the City for the purpose of protecting and enforcing the rights of the Owners under this
Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any
court of competent jurisdiction, for any relief permitted by law, including the specific
performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing
that may be unlawful or in violation of any right of the Owners hereunder or any combination of
such remedies.
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It is provided that all such proceedings shall be instituted and maintained for the equal
benefit of all Owners of Bonds then outstanding.
Section 10.03 Remedies Not Exclusive.
(a) No remedy herein conferred or reserved is intended to be exclusive of any other

available remedy or remedies, but each and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or under the Bonds or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of this
Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a
remedy under this Ordinance.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
ARTICLE XI
DISCHARGE
Section 11.01 Discharge.
The Bonds may be defeased, discharged or refunded in any manner permitted by

applicable law.
ARTICLE XII
Section 12.01 Annual Reports.
(a) The City shall provide annually to the MSRB, within six (6) months after the end
of each fiscal year, financial information and operating data with respect to the City of the
general type included in the final Official Statement, being the information described in
Exhibit A hereto. Any financial statements so to be provided shall be (i) prepared in accordance
with the accounting principles described in Exhibit A hereto, (ii) audited, if the City
commissions an audit of such statements and the audit is completed within the period during
which they must be provided, and (iii) submitted through EMMA, in an electronic format with
accompanying identification, as prescribed by the MSRB. If the audit of such financial
statements is not complete within such period, then the City shall provide notice that audited
financial statements are not available and shall provide unaudited financial statements for the
applicable fiscal year to the MSRB. The City shall provide audited financial statements for the
applicable fiscal year to the MSRB, when and if audited financial statements become available.
(b) If the City changes its fiscal year, it will notify the MSRB of the change (and of
the date of the new fiscal year end) prior to the next date by which the City otherwise would be
required to provide financial information and operating data pursuant to this Section.
(c) The financial information and operating data to be provided pursuant to this
Section may be set forth in full in one or more documents or may be included by specific
referenced to any document (including an official statement or other offering document, if it is
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available from the MSRB) that theretofore has been provided to the MSRB or filed with the
SEC.
Section 12.02 Material Event Notices.
(a) The City shall notify the MSRB, in a timely manner, of any of the following
events with respect to the Bonds, if such event is material within the meaning of the federal
securities laws:
(i) principal and interest payment delinquencies;
(ii) nonpayment related defaults;
(iii) unscheduled draws on debt service reserves reflecting financial

difficulties;
(iv) unscheduled draws on credit enhancements reflecting financial

difficulties;
(v) substitution of credit or liquidity providers, or their failure to perform;
(vi) adverse tax opinions or events affecting the tax exempt status of the
Bonds;
(vii) modifications to rights of Owners;
(viii) bond calls;
(ix) defeasances;
(x) release, substitution, or sale of property securing repayment of the Bonds;

and
(xi) rating changes.
(b) The City shall notify the MSRB, in a timely manner, of any failure by the City to
provide financial information or operating data in accordance with Section 12.01 of this
Ordinance by the time required by such Section.
Section 12.03 Limitations, Disclaimers and Amendments.
(a) The City shall be obligated to observe and perform the covenants specified in this
Article for so long as, but only for so long as, the City remains an “obligated person” with
respect to the Bonds within the meaning of the Rule, except that the City in any event will give
notice of any Bond calls and any defeasances that cause the City to be no longer an “obligated
person.”
(b) The provisions of this Article are for the sole benefit of the Owners and beneficial
owners of the Bonds, and nothing in this Article, express or implied, shall give any benefit or any
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legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to
provide only the financial information, operating data, financial statements, and notices which it
has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide
any other information that may be relevant or material to a complete presentation of the City’s
financial results, condition, or prospects or hereby undertake to update any information provided
in accordance with this Article or otherwise, except as expressly provided herein. The City does
not make any representation or warranty concerning such information or its usefulness to a
decision to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE OWNER

OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY
THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF
ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(c) No default by the City in observing or performing its obligations under this
Article shall constitute a breach of or default under the Ordinance for purposes of any other
provisions of this Ordinance.
(d) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise
limit the duties of the City under federal and state securities laws.
(e) The provisions of this Article may be amended by the City from time to time to
adapt to changed circumstances that arise from a change in legal requirements, a change in law,
or a change in the identity, nature, status, or type of operations of the City, but only if (i) the
provisions of this Article, as so amended, would have permitted an underwriter to purchase or
sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account
any amendments or interpretations of the Rule to the date of such amendment, as well as such
changed circumstances, and (ii) either (A) the Owners of a majority in aggregate principal
amount (or any greater amount required by any other provisions of this Ordinance that authorizes
such an amendment) of the Outstanding Bonds consent to such amendment or (B) an entity or
individual person that is unaffiliated with the City (such as nationally recognized bond counsel)
determines that such amendment will not materially impair the interests of the Owners and
beneficial owners of the Bonds. If the City so amends the provisions of this Article, it shall
include with any amended financial information or operating data next provided in accordance
with Section 12.01 an explanation, in narrative form, of the reasons for the amendment and of
the impact of any change in type of financial information or operating data so provided.
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PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the ___th

day of December, 2009, by a vote of ___ ayes and ____ nays at a regular meeting of the City
Council of the City of Irving, Texas.
By:
HERBERT GEARS, Mayor
ATTEST:
By:
CHARLES ANDERSON,
City Attorney
Signature Page for Bond Ordinance

SERIES 2010
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EXHIBIT A
DESCRIPTION OF ANNUAL DISCLOSURE OF FINANCIAL INFORMATION
The following information is referred to in Article XII of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Article are as specified (and included in the Appendix or other
headings of the Official Statement referred to) below:
1. The audited financial statements of the City for the most recently concluded fiscal
year.
2. Statistical and financial data set forth in Tables 1 through 6 and 8 through 15 in
the Official Statement.
Accounting Principles
The accounting principles referred to in such Article are the accounting principles
described in the notes to the financial statements set forth in Appendix B to the Official
Statement.
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FY2009-2010
FALL
CAPITAL IMPROVEMENT BOND PROGRAM
GENERAL OBLIGATION BOND SALE
$18,500,000
Bond Proposed
Division Authorization Project Amount
Goal 9 Streets 1999 Prop #1 MacArthur Corridor Improvements $ 2,750,000

2006 Prop #1 MacArthur Corridor Improvements $ 650,000
1999 Prop #1 Las Colinas Undergrounding $ 2,000,000
Streets Total: $ 5,400,000
Attachment: GO Projects (3135 : 8 Authorizing Issuance of 2010A GO Bonds)

Goal 7 Parks 2006 Prop #3 Campion Trails $ 600,000
2006 Prop #3 Lake Carolyn Promenade $ 3,500,000
1999 Prop #3 Land Acquisition $ 1,350,000
2006 Prop #3 Land Acquisition $ 150,000
Parks Total: $ 5,600,000
Libraries 2006 Prop #4 South Library $ 1,000,000

2006 Prop #4 West Irving Library $ 4,500,000
Facilities Total: $ 5,500,000
Goal 3 Economic 2006 Prop #10 Water Street - Lake Reclamation/Promenade $ 2,000,000
Development
Economic Development Total: $ 2,000,000
Total General Obligation Bond Program $ 18,500,000
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3137


Issuance of City of Irving, Texas, General Obligation Bonds, Series 2010B,
in an Aggregate Principal Amount that in Combination with the Aggregate
Principal Amount of the City of Irving General Obligation Bonds, Tax-
Exempt Series 2010A Does Not Exceed $19,000,000; Providing for the
Award of the Sale Thereof in Accordance with Specified Parameters;
2. Impact: Approval of the Ordinance will provide financing for public improvements
including Streets, Parks, Library Services, and Economic Development.
3. The Ordinance provides for the issuance of General Obligation Bonds Series 2010B
for permanent public improvements.
4. Series 2010B will be designated as Build America Bonds (BAB) and which when
combined with the Series 2010A cannot exceed $19,000,000.
5. The interest on the BAB’s is taxable to the bond holders but entitles the City Council
to apply for and receive and annual cash subsidy payment from the United States
Treasury equal to 35% of the interest payable on the bonds.
Recommendation
.
ATTACHMENTS:
• Bond Ordinance - Irving GO Taxable 2010 (Build America Bonds - Direct Payment) (2)
(PDF)
• GO Projects (PDF)
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NONE
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Attachment: Bond Ordinance - Irving GO Taxable 2010 (Build America Bonds - Direct Payment) (2) (3137 : 8 Authorizing Issuance of Series
BOND ORDINANCE No. _____
TAXABLE SERIES 2010B
(BUILD AMERICA BONDS — DIRECT PAYMENT)
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TABLE OF CONTENTS
Page
ARTICLE I
Section 1.01 Definitions.......................................................................................................... 3

Section 1.02 Findings.............................................................................................................. 6
Section 1.03 Table of Contents, Titles and Headings............................................................... 6
Section 1.04 Interpretation ...................................................................................................... 6
ARTICLE II
Section 2.01 Tax Levy ............................................................................................................ 6

Section 2.02 Interest and Sinking Fund ................................................................................... 7
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS
Section 3.01 Authorization...................................................................................................... 8

Section 3.02 Date, Denomination, Maturities and Interest ....................................................... 9
Section 3.03 Medium, Method and Place of Payment.............................................................. 9
Section 3.04 Execution and Registration of Bonds ................................................................ 10
Section 3.05 Ownership ........................................................................................................ 11
Section 3.06 Registration, Transfer and Exchange................................................................. 11
Section 3.07 Cancellation...................................................................................................... 12
Section 3.08 Temporary Bonds ............................................................................................. 12
Section 3.09 Replacement Bonds .......................................................................................... 13
Section 3.10 Book-Entry Only System .................................................................................. 14
Section 3.11 Successor Securities Depository; Transfer Outside Book-Entry Only System.... 14
Section 3.12 Payments to Cede & Co.................................................................................... 15
ARTICLE IV
Section 4.01 Limitation on Redemption ................................................................................ 15

Section 4.02 Optional Redemption........................................................................................ 15
Section 4.03 Extraordinary Redemption ................................................................................ 15
Section 4.04 Mandatory Sinking Fund Redemption............................................................... 15
Section 4.05 Partial Redemption ........................................................................................... 16
Section 4.06 Notice of Redemption to Owners ...................................................................... 17
Section 4.07 Payment Upon Redemption .............................................................................. 17
Section 4.08 Conditional Notice of Redemption.................................................................... 17
Section 4.09 Lapse of Payment ............................................................................................. 18
Section 4.10 Effect of Redemption........................................................................................ 18
(i)
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ARTICLE V
Section 5.01 Appointment of Initial Paying Agent/Registrar ................................................. 18

Section 5.02 Qualifications ................................................................................................... 18
Section 5.03 Maintaining Paying Agent/Registrar ................................................................. 18
Section 5.04 Termination ...................................................................................................... 19
Section 5.05 Notice of Change to Owners ............................................................................. 19
Section 5.06 Agreement to Perform Duties and Functions..................................................... 19
Section 5.07 Delivery of Records to Successor...................................................................... 19
ARTICLE VI
FORM OF THE BONDS
Section 6.01 Form Generally................................................................................................. 19

Section 6.02 Form of the Bonds ............................................................................................ 20
Section 6.03 CUSIP Registration .......................................................................................... 28
Section 6.04 Legal Opinion................................................................................................... 28
Section 6.05 Statement of Insurance...................................................................................... 28
ARTICLE VII
Section 7.01 Sale of Bonds, Official Statement ..................................................................... 28

Section 7.02 Control and Delivery of Bonds ......................................................................... 30
Section 7.03 Deposit of Proceeds .......................................................................................... 31
ARTICLE VIII
INVESTMENTS
Section 8.01 Investments ...................................................................................................... 31

Section 8.02 Investment Income ........................................................................................... 31
ARTICLE IX
Section 9.01 Payment of the Bonds ....................................................................................... 32

Section 9.02 Other Representations and Covenants ............................................................... 32
ARTICLE X
Section 10.01 Events of Default .............................................................................................. 32

Section 10.02 Remedies for Default ........................................................................................ 32
Section 10.03 Remedies Not Exclusive ................................................................................... 33
(ii)
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ARTICLE XI
DISCHARGE
Section 11.01 Discharge ......................................................................................................... 33
ARTICLE XII
Section 12.01 Annual Reports................................................................................................. 33

Section 12.02 Material Event Notices ..................................................................................... 34
Section 12.03 Limitations, Disclaimers and Amendments ....................................................... 34
Exhibit A - Description of Annual Disclosure of Financial Information .................................. A-1
(iii)
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ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF IRVING,
TEXAS, GENERAL OBLIGATION BONDS, SERIES 2010B, IN AN
AGGREGATE PRINCIPAL AMOUNT THAT IN COMBINATION WITH THE
AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IRVING GENERAL
OBLIGATION BONDS, TAX-EXEMPT SERIES 2010A DOES NOT EXCEED
$19,000,000 ; PROVIDING FOR THE AWARD OF THE SALE THEREOF IN
ACCORDANCE WITH SPECIFIED PARAMETERS; AUTHORIZING THE
EXECUTION AND DELIVERY OF A PURCHASE CONTRACT RELATING
TO SAID BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF
A PAYING AGENT/REGISTRAR AGREEMENT AND A DISCLOSURE
COUNSEL ENGAGEMENT LETTER; APPROVING THE OFFICIAL
STATEMENT; AND ENACTING OTHER PROVISIONS INCIDENT AND
RELATING TO THE SUBJECT AND PURPOSES OF THIS ORDINANCE
WHEREAS, the City intends to issue general obligation bonds to finance improvements
which the City Council determines to be necessary within the City; and
WHEREAS, the City Counsel of the City has determined that it is in the best interests of
the City to issue and designate the Bonds as “Build America Bonds” in conformity with the
United States “American Recovery and Reinvestment Act of 2009,” thereby causing the interest
on Bonds to be taxable to the holders thereof under the United States Internal Revenue Code, as
amended, but entitling the City Counsel to apply for and receive an annual cash subsidy payment
from the United States Treasury equal to 35% of the interest payable on the Bonds; and
WHEREAS, the bonds hereinafter authorized were duly and favorably voted, as required
by the laws of the State of Texas, at elections held in the City, on February 6, 1999 and
November 7, 2006; and
WHEREAS, at said elections, the following are among the purposes and amounts of the
bonds which were authorized, reflecting any amount previously issued pursuant to each voted
authorization, the amount therefrom being issued pursuant to this Ordinance, and the balance that
remains unissued after the issuance of the bonds herein authorized, to-wit:

Purpose
1999 Election
Streets 133,880,000 86,280,000 4,750,000 42,850,000
Drainage Improvements 25,000,000 14,715,000 $-0- 10,285,000
Parks 36,800,000 30,150,000 1,350,000 5,300,000
City Buildings 8,500,000 6,220,000 -0- 2,280,000
Sanitary Landfill 9,055,000 200,000 -0- 8,855,000
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Purpose
Fire 18,105,000 7,125,000 -0- 10,980,000
Police 8,650,000 7,650,000 -0- 1,000,000
Youth Development/
Community Center 2,495,000 1,995,000 -0- 500,000
2006 Election
Streets 117,825,000 8,595,000 650,000 108,580,000
Drainage Improvements 32,600,000 -0- -0- 32,600,000
Parks 56,475,000 7,025,000 4,250,000 45,200,000
Library 18,200,000 3,835,000 5,500,000 8,865,000
City Buildings 15,600,000 2,320,000 -0- 13,280,000
Public Safety 15,305,000 1,845,000 -0- 13,460,000
Voice and Data Systems 25,000,000 1,000,000 -0- 24,000,000
Public Infrastructure for

Economic Development 35,000,000 2,000,000 2,000,000 33,000,000
Senior Citizens Center 10,000,000 -0- -0- 10,000,000
Total $568,490,000 $180,955,000 $18,500,000 $371,035,000
_______________
1
Will be issued in two series, the General Obligation Bonds Tax-Exempt Series 2009A (the “Series 2009A Bonds”)
and the General Obligation Bonds, Taxable Series 2009B (the “Series 2009B Bonds”). The allocation of voted
authority between the Series 2009A and Series 2009B Bonds will be set forth in the Pricing Certificate within the
parameters established in this Ordinance. The amounts and projects are subject to adjustment by the Pricing
Committee in the Pricing Certificate within the parameters established in this Ordinance.
interest at the rates and have such other terms and provisions specified in a Pricing Certificate
WHEREAS, pursuant to the special bond election held within the City on November 7,
2006 (the “2006 Election”), the City is authorized to issue general obligation bonds for the
purpose of planning, designing, constructing, improving, extending, and expanding public street,
utility and other infrastructure facilities, including the acquisition of land, in furtherance of the
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City’s economic development and redevelopment programs and the development of industrial,
commercial and retail businesses in the historic downtown Irving area and other gateway areas of
the City; and
WHEREAS, the City Council has, with the execution of that certain Master Development
Agreement – Water Street Development, between the City and LG Colinas Limited Partnership,
established and adopted an economic development program pursuant to Chapter 380, Local
Government Code, as amended (the “Program”), for the development and redevelopment of
commercial and retail business in the Las Colinas area of the City; and
WHEREAS, the City Council has found and determined that the Program is established
pursuant to and will be implemented in Las Colinas, a vibrant and developing area of the City
that serves as a key entryway into the City, and that the public improvements constructed
pursuant to the program will be located in close proximity to a future planned transportation and
light rail facility and boarding station that will serve as an entry point into the City for residents
and commuter passengers who work in the City; and
WHEREAS, the City Council has determined that the implementation of the Program
will accomplish the planning, designing, constructing and improving of public infrastructure in a
gateway area of the City and will further the economic development of the Las Colinas area and
will facilitate commercial and retail business development, all as authorized by the 2006
Election; and
WHEREAS, the Bonds will authorize the expenditure of $2,000,000 for the construction
of lake improvements and a pedestrian promenade pursuant to the Program and the 2006
Election; and
pursuant to the authority granted in Tex. Const. art. XI, Sec. 5, Chapters 1331 and 1371 Texas
Government Code, and Article VII of the Charter of the City; and
as required by Chapter 551, Texas Government Code, as amended; therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING:
ARTICLE I
Section 1.01 Definitions
Unless otherwise expressly provided or unless the context clearly requires otherwise in
“Bond” means any of the Bonds.
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“BAB Credit” means the credit provided to the City pursuant to Section 6431 of the
Code.
“Bond Date” means the date designated as the date of the Bonds by Section 3.02(a) of
this Ordinance.
“Bonds” means one or more series of the City’s bonds authorized to be issued by Section
3.01 of this Ordinance and designated as “City of Irving, Texas, General Obligation Bonds,
Taxable Series 2010B (Build America Bonds — Direct Payment).”
“Chief Financial Officer” means the Chief Financial Officer of the City, Max Duplant.
Agent/Registrar named in this Ordinance, the Designated Payment/Transfer Office as designated
in the Paying Agent/Registrar Agreement, or at such other location designated by the Paying
“DTC” means The Depository Trust Company of New York, New York, or any
“DTC Participant” means brokers and dealers, banks, trust companies, clearing
“Event of Default” means any event of default as defined in Section 10.01 of this
Ordinance.
“Extraordinary Event” s (i) the occurrence of a material adverse change under Section
54AA or 6431 of the Code; (ii) the publication by the Internal Revenue Service or the United
States Treasury of any guidance with respect to such sections; or (iii) any other determination by
the Internal Revenue Service or the United States Treasury, which determination is not the result
of a failure of the County to satisfy certain requirements of this Order, if as a result of an event as
described in (i), (ii), or (iii) of this sentence, the BAB Credit expected to be received with respect
to the Bonds is eliminated or reduced, as reasonably determined by the Chief Financial Officer of
the City, which determination is to be conclusive.
“Initial Bond” means the Initial Bond authorized by Section 3.04 of this Ordinance.
“Interest and Sinking Fund” means the interest and sinking fund established by Section
2.02 of this Ordinance.
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“Interest Payment Date” means the date or dates on which interest on the Bonds is
March 15 and September 15 as designated in the Pricing Certificate.
“Make-Whole Redemption Price” means (as may be modified by the Pricing Certificate)
the amount equal to the greater of the following:
1. the issue price of the Bonds (but not less than 100%) of the principal amount of
the Bonds to be redeemed; or
2. the sum of the present value of the remaining scheduled payments of principal
and interest on the Bonds to be redeemed to the maturity date of such Bonds, not including any
portion of those payments of interest accrued and unpaid as of the date on which the Bonds are to
be redeemed, discounted to the date on which the Bonds are to be redeemed on a semi-annual
basis, assuming a 360-day year containing twelve 30- day months, at the Treasury Rate, plus 100
basis points, plus in each case accrued interest on the Bonds to be redeemed to the redemption
date.
“MSRB” means the Municipal Securities Rulemaking Board.
“Owner” means the person who is the registered owner of a Bond or Bonds, as shown in
the Register.
Company, National Association, Dallas, Texas, or any successor thereto as provided in this
Ordinance.

Committee.
“Pricing Committee” means Herbert Gears, Mayor (or in his absence, Councilmember
Joe Philipp, Chairman, Audit and Finance Committee), Tommy Gonzalez, City Manager and
“Record Date” means the last business day of the month next preceding an Interest
Payment Date.
“Register” means the Register specified in Section 3.06(a) of this Ordinance.
“Representation Letter” means the Blanket Letter of Representations between the City
and DTC.
“Rule” means SEC Rule 15c2-12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
“Treasury Rate” means, with respect to any redemption date for a particular Bond, the
yield to maturity as of such redemption date of United States Treasury securities with a constant
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maturity (as compiled and published in the most recent Federal Reserve Statistical Release H.15
(519) that has become publicly available at least two Business Days prior to the redemption date
(excluding inflation-indexed securities) (or, if such Statistical Release is no longer published, any
publicly available source of similar market data))most nearly equal to the period from the
redemption date to the maturity date of the Bonds to be redeemed; provided, however that if the
period from the redemption date to the maturity date is less than one year, the weekly average
yield on actually traded United States Treasury securities adjusted to a constant maturity of one
year shall be used.
remaining unclaimed by the Owners of such Bonds after the applicable payment or redemption
date.
“Underwriters” means Stifel Nicolas & Company, Incorporated and Estrada Hinojosa &
Company, Inc., as more particularly described in the Purchase Contract relating to the Bonds
described in Section 7.01(a).
Section 1.02 Findings
The declarations, determinations and findings declared, made and found in the preamble
to this Ordinance are hereby adopted, restated and made a part of the operative provisions hereof.
construed to effectuate the purposes set forth herein.
ARTICLE II
Section 2.01 Tax Levy.
(a) Pursuant to the authority granted by the Texas Constitution and the laws of the
State of Texas, there shall be levied and there is hereby levied for the current year and for each
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succeeding year hereafter while any of the Bonds or any interest thereon is outstanding and
unpaid, an ad valorem tax on each one hundred dollars valuation of taxable property within the
City, at a rate sufficient, within the limit prescribed by law, to pay the debt service requirements
of the Bonds, being (i) the interest on the Bonds, and (ii) a sinking fund for their redemption at
maturity or a sinking fund of two percent (2%) per annum (whichever amount is greater), when
due and payable, full allowance being made for delinquencies and costs of collection.
(b) The ad valorem tax thus levied shall be assessed and collected each year against
all property appearing on the tax rolls of the City most recently approved in accordance with law
and the money thus collected shall be deposited as collected to the Interest and Sinking Fund.
(c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or
required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and
committed irrevocably to the payment of the principal of and interest on the Bonds when and as
due and payable in accordance with their terms and this Ordinance.
(d) To the extent the City has available funds which may be lawfully used to pay debt
service on the Bonds and such funds are on deposit in the Interest and Sinking Fund in advance
of the time when the City Council of the City is scheduled to set a tax rate for any year, then such
tax rate which would otherwise be required to be established pursuant to subsection (a) of this
Section may be reduced to the extent and by the amount of such funds in the Interest and Sinking
Fund.
(e) If the lien and provisions of this Ordinance shall be released in a manner
permitted by Article XI hereof, then the collection of such ad valorem tax may be suspended or
appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking
Fund may be suspended or appropriately reduced, as the facts may permit. In determining the
aggregate principal amount of outstanding Bonds, there shall be subtracted the amount of any
Bonds that have been duly called for redemption and for which money has been deposited with
the Paying Agent/Registrar for such redemption.
Section 2.02 Interest and Sinking Fund.
(a) The City hereby establishes a special fund or account, to be designated the “City
of Irving, Texas, General Obligation Bonds, Taxable Series 2010B, Interest and Sinking Fund,”
said fund to be maintained at an official depository bank of the City separate and apart from all
other funds and accounts of the City.
(b) Money on deposit in or required by this Ordinance to be deposited to the Interest

and Sinking Fund shall be used solely for the purpose of paying the interest on and principal of
the Bonds when and as due and payable in accordance with their terms and this Ordinance.
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ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE BONDS
The City’s bonds, to be designated “City of Irving, Texas, General Obligation Bonds,
Taxable Series 2010B,” are hereby authorized to be issued and delivered in accordance with the
Constitution and laws of the State of Texas, including particularly Chapters 1331 and 1371,
Texas Government Code, as amended, Tex. Const. art. XI, Sec. 5 and Article VII, Section 1 of
the Charter of the City. The Bonds shall be issued in one or more series, as set forth in the
Pricing Certificate, and shall be issued in the original aggregate principal amount of not to
exceed $19,000,000, for the purpose of providing funds for the payment of costs of issuing the
Bonds and for permanent public improvements, to-wit: (a) $4,750,000 (when combined with the
amount of Series 2009A Bonds issued for the same purpose) 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 therefor
(1999 Authorization); (b) $1,350,000 (when combined with the amount of Series 2009A Bonds
issued for the same purpose) 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); (c) $650,000 (when combined with the amount of Series
2009A Bonds issued for the same purpose) 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); (d) $4,250,000 (when combined with the amount of Series
2009A Bonds issued for the same purpose) 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); (e) $5,500,000 (when combined with the amount of
Series 2009A Bonds issued for the same purpose) for designing, constructing, improving,
renovating, expanding, equipping, and furnishing libraries and related facilities including the
acquisition of land therefor, (f) $2,000,000 (when combined with the amount of Series 2009A
Bonds issued for the same purpose) for planning, designing, constructing, improving, extending,
and expanding public street, utility and other infrastructure facilities, including the acquisition of
land therefor, in furtherance of the City’s economic development and redevelopment programs
and the development of industrial, commercial and retail businesses in the historic downtown
Irving area and other gateway areas of the City (2006 Authorization), and (g) for paying the costs
of issuance of the Bonds. The amounts and projects identified above in Section 3.01(a)-(f) are
subject to adjustment by the Pricing Committee in the Pricing Certificate provided the aggregate
principal amount shall not exceed $19,000,000.
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(a) The Bonds shall be dated the date set forth in the Pricing Certificate. The Bonds
shall be in fully registered form, without coupons, in the denomination of $5,000 or any integral
multiple thereof, and shall be numbered separately from one (1) upward, except the Initial Bond,
which shall be numbered T-1.
amounts and bear interest at the per annum rates set forth in the Pricing Certificate. The Bonds
shall mature and become payable not later than September 15, 2030.
(c) Interest shall accrue and be paid on each Bond respectively until its maturity or
prior redemption, from the later of the Bond Date or the most recent Interest Payment Date to
which interest has been paid or provided for at the rates per annum for each respective maturity
specified in the Pricing Certificate as provided in Section 7.01 below. Such interest shall be
payable semiannually on each Interest Payment Date. Interest on the Bonds shall be calculated
on the basis of a three hundred sixty (360) day year composed of twelve (12) months of thirty
(30) days each.
(a) The principal of, premium, if any, and interest on the Bonds shall be paid in
lawful money of the United States of America.
(b) Interest on the Bonds shall be payable to each Owner as shown in the Register at
the close of business on the Record Date; provided, however, in the event of nonpayment of
interest on a scheduled Interest Payment Date and for 30 days thereafter, a new record date for
such interest payment (a “Special Record Date”) shall be established by the Paying
interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall
be sent at least five Business Days prior to the Special Record Date by United States mail, first
class, postage prepaid, to the address of each Owner of a Bond appearing on the Register at the
close of business on the last Business Day next preceding the date of mailing of such notice.
(c) Interest shall be paid by check, dated as of the Interest Payment Date, and sent by
the Paying Agent/Registrar to each Owner, first class United States mail, postage prepaid, to the
address of each Owner as it appears in the Register, or by such other customary banking
arrangement acceptable to the Paying Agent/Registrar and the Owner; provided, however, the
Owner shall bear all risk and expense of such other banking arrangement. At the option of an
Owner of at least $1,000,000 principal amount of the Bonds, interest may be paid by wire
transfer to the bank account of such Owner on file with the Paying Agent/Registrar.
(d) The principal of each Bond shall be paid to the Owner thereof on the due date
(whether at the maturity date or the date of prior redemption thereof) upon presentation and
surrender of such Bond at the Designated Payment/Transfer Office of the Paying
Agent/Registrar.
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(e) If the date for the payment of the principal of or interest on the Bonds shall be a
Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the
Designated Payment/Transfer Office of the Paying Agent/Registrar is located are required or
authorized by law or executive order to close, the date for such payment shall be the next
succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking
institutions are required or authorized to close, and payment on such date shall have the same
force and effect as if made on the original date payment was due and no additional interest shall
be due by reason of nonpayment on the date on which such payment is otherwise stated to be due
and payable.
(f) Unclaimed Payments shall be segregated in a special account and held in trust,
uninvested by the Paying Agent/Registrar, for the account of the Owner of the Bonds to which
the Unclaimed Payments pertain. Subject to Title 6 of the Texas Property Code, Unclaimed
Payments remaining unclaimed by the Owners entitled thereto for three (3) years after the
applicable payment or redemption date shall be applied to the next payment or payments on the
Bonds thereafter coming due and, to the extent any such money remains after the retirement of
all outstanding Bonds, shall be paid to the City to be used for any lawful purpose. Thereafter,
neither the City, the Paying Agent/Registrar nor any other person shall be liable or responsible to
any holders of such Bonds for any further payment of such unclaimed monies or on account of
any such Bonds, subject to Title 6 of the Texas Property Code.
(a) The Bonds shall be executed on behalf of the City by the Mayor and the City
Secretary, by their manual or facsimile signatures, and the official seal of the City shall be
impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the
same effect as if each of the Bonds had been signed manually and in person by each of those
officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of
the City had been manually impressed upon each of the Bonds.
(b) In the event that any officer of the City whose manual or facsimile signature
the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient
for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit of this Ordinance unless and until there appears thereon the
Certificate of Paying Agent/Registrar substantially in the form provided herein, duly
Public Accounts of the State of Texas, or by his duly authorized agent, which Certificate shall be
evidence that the Bond has been duly approved by the Attorney General of the State of Texas
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and that it is a valid and binding obligation of the City, and has been registered by the
(d) On the Closing Date, one initial Bond representing the entire principal amount of
all Bonds, payable in stated installments to the initial purchaser, or its designee, executed by the
Mayor and City Secretary of the City by their manual or facsimile signatures, approved by the
Attorney General, and registered and manually signed by the Comptroller of Public Accounts,
will be delivered to the initial purchaser or its designee. Upon payment for the Initial Bond, the
Paying Agent/Registrar shall cancel the Initial Bond and deliver to DTC, on behalf of the initial
Purchaser, one typewritten Bond for each maturity representing the aggregate principal amount
for each respective maturity, registered in the name of Cede & Co., as nominee for DTC.
(a) The City, the Paying Agent/Registrar and any other person may treat the person in
whose name any Bond is registered as the absolute owner of such Bond for the purpose of
making and receiving payment as provided herein (except interest shall be paid to the person in
whose name such Bond is registered on the Record Date), and for all other purposes, whether or
not such Bond is overdue, and neither the City nor the Paying Agent/Registrar shall be bound by
any notice or knowledge to the contrary.
(b) All payments made to the Owner of a Bond shall be valid and effectual and shall
discharge the liability of the City and the Paying Agent/Registrar upon such Bond to the extent
of the sums paid.
Agent/Registrar to keep at the Designated Payment/Transfer Office a register in which, subject to
such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the
registration and transfer of Bonds in accordance with this Ordinance.
(b) The ownership of a Bond may be transferred only upon the presentation and
surrender of the Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar
with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar. No transfer of any Bond shall be effective until entered in the Register.
(c) The Bonds shall be exchangeable upon the presentation and surrender thereof at
the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Bond or Bonds of
the same maturity and interest rate and in any denomination or denominations of any integral
multiple of $5,000 and in an aggregate principal amount equal to the unpaid principal amount of
the Bonds presented for exchange. The Paying Agent/Registrar is hereby authorized to
authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section.
(d) Each exchange Bond delivered by the Paying Agent/ Registrar in accordance with
this Section shall constitute an original contractual obligation of the City and shall be entitled to
the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of
which such exchange Bond is delivered.
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subsequent transfer, or exchange for any different denomination of any of the Bonds. The
transfer, or exchange any Bond called for redemption, in whole or in part, where such
redemption is scheduled to occur within forty-five (45) calendar days after the transfer or
exchange date; provided, however, such limitation shall not be applicable to an exchange by the
Owner of the uncalled principal balance of a Bond.
authenticated and delivered in accordance with this Ordinance, shall be cancelled and proper
records shall be made regarding such payment, redemption, exchange or replacement. The
Paying Agent/Registrar shall then return such cancelled Bonds to the City or may in accordance
with law destroy such cancelled Bonds and periodically furnish the City with certificates of
(b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall
be entitled to the benefit and security of this Ordinance.
(c) The City, without unreasonable delay, shall prepare, execute and deliver to the
Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and
surrender of the Bonds in temporary form to the Paying Agent/Registrar, the Paying
Agent/Registrar shall cancel the Bonds in temporary form and shall authenticate and deliver in
exchange therefor Bonds of the same maturity and series, in definitive form, in the authorized
denomination, and in the same aggregate principal amount, as the Bonds in temporary form
surrendered. Such exchange shall be made without the making of any charge therefor to any
Owner.
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(a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated
Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a
(b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the
Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence
of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall
authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a
number not contemporaneously outstanding, provided that the Owner first:

ownership of and the circumstances of the loss, destruction or theft of such Bond;
(ii) furnishes such security or indemnity as may be required by the Paying

Agent/Registrar to save it and the City harmless;
(iii) pays all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or
other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the City and the
(c) If, after the delivery of such replacement Bond, a bona fide purchaser of the
original Bond in lieu of which such replacement Bond was issued presents for payment such
(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully
taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its
discretion, instead of issuing a replacement Bond, may pay such Bond if it has become due and
payable or may pay such Bond when it becomes due and payable.
(e) Each replacement Bond delivered in accordance with this Section shall constitute
an original additional contractual obligation of the City and shall be entitled to the benefits and
security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such
replacement Bond is delivered.
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Section 3.10 Book-Entry Only System.
(a) Notwithstanding any other provision hereof, upon initial issuance of the Bonds,
the ownership of the Bonds shall be registered in the name of Cede & Co., as nominee of DTC.
The definitive Bonds shall be initially issued in the form of a single separate fully registered
certificate for each of the maturities thereof.
(b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC,
the City and the Paying Agent/ Registrar shall have no responsibility or obligation to any DTC
Participant or to any person on behalf of whom such a DTC Participant holds an interest in the
Bonds. Without limiting the immediately preceding sentence, the City and the Paying
the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Bondholder,
as shown on the Register, of any notice with respect to the Bonds, including any notice of
redemption, or (iii) the payment to any DTC Participant or any other person, other than a
Bondholder, as shown in the Register of any amount with respect to principal of, premium, if
any, or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the
contrary, the City and the Paying Agent/Registrar shall be entitled to treat and consider the
person in whose name each Bond is registered in the Register as the absolute owner of such
Bond for the purpose of payment of principal of, premium, if any, and interest on such Bonds,
for the purpose of all matters with respect to such Bond, for the purpose of registering transfer
with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar
shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of
the respective owners, as shown in the Register as provided in this Ordinance, or their respective
attorneys duly authorized in writing, and all such payments shall be valid and effective to fully
satisfy and discharge the City’s obligations with respect to payment of, premium, if any, and
interest on the Bonds to the extent of the sum or sums so paid. No person other than an owner,
as shown in the Register, shall receive a certificate evidencing the obligation of the City to make
payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Paying
Agent/Registrar of written notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., the word “Cede & Co.” in this Ordinance shall refer to such
new nominee of DTC.
Section 3.11 Successor Securities Depository; Transfer Outside Book-Entry Only

System.
In the event that the City or the Paying Agent/Registrar determines that DTC is incapable
of discharging its responsibilities described herein and in the Representations Letter of the City
to DTC, or in the event DTC discontinues the services described herein, the City or the Paying
Agent/Registrar shall (i) appoint a successor securities depository, qualified to act as such under
Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC
Participants of the appointment of such successor securities depository and transfer one or more
separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants
of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC
Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no
longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of
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DTC, but may be registered in the name of the successor securities depository, or its nominee, or
in whatever name or names Bondholders transferring or exchanging Bonds shall designate, in
accordance with the provisions of this Ordinance.
Bonds, shall be made and given, respectively, in the manner provided in the blanket letter of
representation of the City to DTC.
ARTICLE IV
The Bonds shall be subject to redemption before scheduled maturity only as provided in
this Article IV.
(a) The City reserves the option to redeem Bonds in the manner provided in the Form
of Bond set forth in Section 6.02 of this Ordinance with such changes as are required by the
Pricing Certificate.
(b) The City, at least forty-five (45) days before the redemption date, unless a shorter
Agent/Registrar of such redemption date and of the principal amount of Bonds to be redeemed.
Section 4.03 Extraordinary Redemption.
The Bonds are also subject to extraordinary redemption prior to their respective
maturities, at the option of the City, as provided in the Form of Bond set forth in Section 6.02 of
this Ordinance with such changes as are required by the Pricing Certificate.
(a) Bonds designated as “Term Bonds” in the Pricing Certificate, if any, are subject
to scheduled mandatory redemption and will be redeemed by the City, in part at a price equal to
the principal amount thereof, without premium, plus accrued interest to the redemption date, out
of moneys available for such purpose in the Interest and Sinking Fund, on the dates and in the
respective principal amounts as set forth in the Pricing Certificate.
(b) At least forty-five (45) days prior to each scheduled mandatory redemption date,
the Paying Agent/Registrar shall call the Term Bonds for redemption on a pro rata basis
determined by (i) dividing the principal amount of the Term Bonds of the maturity and series to
be redeemed on a mandatory sinking fund redemption date by the total principal amount of such
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maturity and series on the Term Bonds, as applicable, then Outstanding, and (ii) multiplying
such quotient by the Principal Amount of such maturity and series of Term Bonds, as applicable,
held by each Registered Owner, or as long as the Term Bonds, as applicable, are held in a book-
entry-only system, by each Beneficial Owner.
(c) So long as the Term Bonds are held in a book-entry-only system, the Paying
Agent/Registrar shall only be responsible for sending a notice, which notice may be by telecopy,
five (5) business days prior to the date of such notice, to the Registered Owner. The notice shall
specify the dollar amount of such Term Bonds, as applicable, to be redeemed on a pro rata basis,
along with the current pool factor or ratio and Paying Agent/Registrar contact person's name and
telephone number. The Paying Agent/Registrar shall have no responsibility or liability for the
redemption, including the calculation of the amount of any Beneficial Owner's redemption
payment and ensuring that all Owners own Term Bonds, as applicable, in authorized
denominations, other than delivery of such notice and the funds necessary to accomplish the
redemption.
(d) In lieu of calling the Term Bonds described in subsection (a), above, for
(e) Upon any such purchase in lieu of redemption, not less than forty five (45) days
prior to a mandatory redemption date, the City shall deliver such Term Bonds to the Paying
that year.
(f) To the extent that the Term Bonds have been previously redeemed other than
from such scheduled mandatory redemption payments, the amount of each scheduled mandatory
basis.
(a) If less than all of the Bonds are to be redeemed, the City shall determine the
maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying
Agent/Registrar to call by lot the Bonds, or portions thereof, within such maturity or maturities
and in such principal amounts for redemption.

redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. If
such a Bond is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000
portion of the Bond as though it were a single Bond for purposes of selection for redemption.
(c) Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar,
in accordance with Section 3.06 of this Ordinance, shall authenticate and deliver an exchange
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Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond so
surrendered, such exchange being without charge.
(d) The Paying Agent/Registrar shall promptly notify the City in writing of the
principal amount to be redeemed of any Bond as to which only a portion thereof is to be
redeemed.
(a) The Paying Agent/Registrar shall give notice of any redemption of Bonds by
sending notice by first class United States mail, postage prepaid, not less than thirty (30) days
before the date fixed for redemption, to the Owner of each Bond (or part thereof) to be
redeemed, at the address shown on the Register at the close of business on the business day next
preceding the date of mailing such notice.
(b) The notice shall state the redemption date, the redemption price, the place at
which the Bonds are to be surrendered for payment, and, if less than all the Bonds outstanding
(c) Any notice given as provided in this Section shall be conclusively presumed to
have been duly given, whether or not the Owner receives such notice.
Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying
Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date
Designated Payment/Transfer Office of the Paying Agent/Registrar on or after the date fixed for
redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any,
and accrued interest on such Bond to the date of redemption from the money set aside for such
purpose.
or extraordinary redemption under Section 4.03 herein, to give notice of its election or direction
to redeem Bonds conditioned upon the occurrence of subsequent events. Such notice may state
(i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in
an amount equal to the amount necessary to effect the redemption, with the Paying
Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption
date, or (ii) that the City retains the right to rescind such notice at any time on or prior to the
scheduled redemption date if the City delivers a certificate of the City to the Paying
Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such
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notice and redemption shall be of no effect if such moneys and/or authorized securities are not so
deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of
any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds
subject to conditional redemption and such redemption has been rescinded shall remain
Outstanding and the rescission of such redemption shall not constitute an event of default.
Further, in the case of a conditional redemption, the failure of the City to make moneys and or
authorized securities available in part or in whole on or before the redemption date shall not
constitute an event of default.
(a) Notice of redemption having been given as provided in Section 4.06 of this
Ordinance, and subject, in the case of an optimal redemption under Section 4.02 or extraordinary
redemption under Section 4.03, to any conditions or rights by the City under Section 4.08, the
Bonds or portions thereof called for redemption shall become due and payable on the date fixed
for redemption and, unless the City defaults in its obligation to make provision for the payment
of the principal thereof, redemption premium, if any, or accrued interest thereon, such Bonds or
portions thereof shall cease to bear interest from and after the date fixed for redemption, whether
or not such Bonds are presented and surrendered for payment on such date.
(b) If the City shall fail to make provision for payment of all sums due on a
redemption date, then any Bond or portion thereof called for redemption shall continue to bear
interest at the rate stated on the Bond until due provision is made for the payment of same by the
City.
ARTICLE V
The Bank of New York Mellon Trust Company, National Association, Dallas, Texas, is
hereby appointed as the initial Paying Agent/Registrar for the Bonds.

(a) At all times while any Bonds are outstanding, the City will maintain a Paying
Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor is hereby
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authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the
duties and responsibilities of the City and the Paying Agent/Registrar. The signature of the
Mayor shall be attested by the City Secretary of the City.
(b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the
City will promptly appoint a replacement.
The City, upon not less than sixty (60) days notice, reserves the right to terminate the
be terminated written notice of such termination.
cause notice of the change to be sent to each Owner by first class United States mail, postage
By accepting the appointment as Paying Agent/Registrar and executing the Paying

If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the

ARTICLE VI
FORM OF THE BONDS
(a) The Bonds, the Registration Certificate of the Comptroller of Public Accounts of
the State of Texas, the Certificate of the Paying Agent/Registrar, and the Assignment form to
appear on each of the Bonds, (i) shall be substantially in the form set forth in this Article, with
such appropriate insertions, omissions, substitutions, and other variations as are permitted or
required by this Ordinance, and (ii) may have such letters, numbers, or other marks of
identification (including identifying numbers and letters of the Committee on Uniform Securities
Identification Procedures of the American Bankers Association) and such legends and
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(b) Any portion of the text of any Bonds may be set forth on the reverse side thereof,
with an appropriate reference thereto on the face of the Bonds.
(c) The definitive Bonds shall be typewritten, printed, lithographed, or engraved, and
may be produced by any combination of these methods or produced in any other similar manner,
all as determined by the officers executing such Bonds, as evidenced by their execution thereof.
(d) The Initial Bond submitted to the Attorney General of the State of Texas may be
typewritten and photocopied or otherwise reproduced.
The form of the Bond, including the form of the Registration Certificate of the
follows:
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(a) Form of Bond.
REGISTERED REGISTERED
No. _____ $___________

State of Texas
County of Dallas
GENERAL OBLIGATION BOND
TAXABLE SERIES 2010B (BUILD AMERICA BONDS — DIRECT PAYMENT)2

________% September __, ____ _________, 20093 __________
The City of Irving, Texas (the “City”), in the County of Dallas, State of Texas, for value
received, hereby promises to pay to
_________________________
_______________________ DOLLARS
provided for, at the per annum rate of interest specified above, computed on the basis of a three
hundred sixty (360) day year of twelve (12) thirty (30) day months, such interest to be paid
semiannually on March 15 and September 15 of each year, commencing ____________4
the corporate trust office in Dallas, Texas (the “Designated Payment/Transfer Office”) of The
Bank of New York Mellon Trust Company, National Association, Dallas, Texas, as Paying
Agent/Registrar or, with respect to a successor Paying Agent/Registrar, at the Designated
Payment/Transfer Office thereof. Interest on this Bond is payable by check dated as of the
interest payment date, and will be mailed by the Paying Agent/Registrar to the registered owner
at the address shown on the registration books kept by the Paying Agent/Registrar or by such
other customary banking arrangement acceptable to the Paying Agent/Registrar and the
2
Complete title to be designated in Pricing Certificate.
3
4
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registered owner; provided, however, such registered owner shall bear all risk and expense of
such other banking arrangement. At the option of an Owner of at least $1,000,000 principal
amount of the Bonds, interest may be paid by wire transfer to the bank account of such Owner on
file with the Paying Agent/Registrar. For the purpose of the payment of interest on this Bond,
the registered owner shall be the person in whose name this Bond is registered at the close of
business on the “Record Date,” which shall be the last business day of the month next preceding
such interest payment date.
Sunday, legal holiday, or day on which banking institutions in the city where the Paying
Agent/Registrar is located are required or authorized by law or executive order to close, the date
for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal
holiday, or day on which banking institutions are required or authorized to close, and payment on
such date shall have the same force and effect as if made on the original date payment was due
and no additional interest shall be due by reason of nonpayment on the date on which such
payment is otherwise stated to be due and payable.
This Bond is dated ____, 20095 and is one of a series of fully registered bonds specified
in the title hereof issued in the aggregate principal amount of $_____________6 (herein referred
to as the “Bonds”), issued pursuant to a certain ordinance of the City (the “Ordinance”) for the
purpose of providing funds with which to make certain permanent public improvements within
the City and to refund in advance of their maturity certain outstanding obligations of the City,
and to pay the costs of issuing the Bonds.
[The City has reserved the option to redeem the Bonds maturing on or after
September 15, _____, in whole or in part before their respective scheduled maturity dates, on
September 15, ____, or on any date thereafter, at a price equal to the principal amount of the
Bonds so called for redemption plus accrued interest to the date fixed for redemption. If less
than all of the Bonds are to be redeemed, the City shall determine the maturity or maturities and
the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot the
Bonds, or portions thereof, within such maturity and in such principal amounts, for redemption.]7
[The Bonds are also subject to extraordinary redemption prior to their respective
maturities, at the option of the City, upon the occurrence of an Extraordinary Event (as defined in
the Ordinance) from any source of available funds, as a whole or in part, by lot, at the Make-
Whole Redemption Price (as defined in the Ordinance).]8
follows:
5
6
7
8
Insert extraordinary redemption provisions and revise as necessary to conform to the Pricing Certificate.
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Principal
September 15, 20__ $________
September 15, 20__ ________
At least forty-five (45) days prior to each scheduled mandatory redemption date, the
Paying Agent/Registrar shall call the Term Bonds for redemption on a pro rata basis determined
by (i) dividing the principal amount of the Term Bonds of the maturity and series to be redeemed
on a mandatory sinking fund redemption date by the total principal amount of such maturity and
series on the Term Bonds, as applicable, then Outstanding, and (ii) multiplying such quotient by
the Principal Amount of such maturity and series of Term Bonds, as applicable, held by each
Registered Owner, or as long as the Term Bonds, as applicable, are held in a book-entry-only
system, by each Beneficial Owner.
basis.]9
[Notice of such redemption or redemptions shall be given by first class mail, postage
prepaid, not less than thirty (30) days before the date fixed for redemption, to the registered
owner of each of the Bonds to be redeemed in whole or in part. Notice having been so given, the
Bonds or portions thereof designated for redemption shall become due and payable on the
redemption date specified in such notice; from and after such date, notwithstanding that any of
the Bonds or portions thereof so called for redemption shall not have been surrendered for
payment, interest on such Bonds or portions thereof shall cease to accrue.
9
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default.]10
Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is
acceptable to the Paying Agent/Registrar; thereupon, one or more new fully registered Bonds of
the same stated maturity, of authorized denominations, bearing the same rate of interest, and for
the same aggregate principal amount will be issued to the designated transferee or transferees.
Neither the City nor the Paying Agent/Registrar shall be required to issue, transfer or
exchange any Bond called for redemption where such redemption is scheduled to occur within
forty-five (45) calendar days of the transfer or exchange date; provided, however, such limitation
shall not be applicable to an exchange by the registered owner of the uncalled principal balance
of a Bond.
Record Date) and for all other purposes, whether or not this Bond be overdue, and neither the
series of which it is a part is duly authorized by law, and has been authorized by a vote of the
properly qualified electors of the City; that all acts, conditions and things required to be done
precedent to and in the issuance of the Bonds have been properly done and performed and have
happened in regular and due time, form and manner, as required by law; and that ad valorem
taxes upon all taxable property in the City have been levied for and pledged to the payment of
the debt service requirements of the Bonds, within the limit prescribed by law.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual
or facsimile signature of the Mayor of the City and countersigned by the manual or facsimile
signature of the City Secretary of the City, and the official seal of the City has been duly
impressed or placed in facsimile on this Bond.
10
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(SEAL)
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Mayor,
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Bonds if such certificate on the Initial Bond is fully executed.

State of Texas, and that it is a valid and binding obligation of the City of Irving, Texas, and that
this Bond has this day been registered by me.
Witness my hand and seal of office at Austin, Texas, ________________.
Comptroller of Public Accounts

of the State of Texas
SEAL
bonds was approved by the Attorney General of the State of Texas and registered by the
THE BANK OF NEW YORK MELLON

TRUST COMPANY, NATIONAL ASSOCIATION
Dallas, Texas, as Paying Agent/Registrar
Dated: _______________________ By:

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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto
(print or typewrite name, address and Zip Code of transferee):
(Social Security or other identifying number: ____________________) the within Bond

and all rights hereunder and hereby irrevocably constitutes and appoints __________________
attorney to transfer the within Bond on the books kept for registration hereof, with full power of
substitution in the premises.
Dated:
NOTICE: The signature on this Assignment
must correspond with the name of the
registered owner as it appears on the face of
the within Bond in every particular and must
be guaranteed in a manner acceptable to the
Signature Guaranteed By:
(e) Each Initial Bond shall be in the form set forth in paragraphs (a) through (d) of
this Section, except for the following alterations:
(i) immediately under the name of the Bond (which name shall be set forth in
the Pricing Certificate), the headings “INTEREST RATE” and “MATURITY DATE”
shall both be completed with the words “As shown below”;
specified above” shall be deleted and the following will be inserted: “on September 15 in
each of the years, in the principal installments and bearing interest at the per annum rates
in accordance with the following schedule:
Year Principal Amounts Interest Rate
(Information to be inserted from Pricing Certificate)
(iii) the Initial Bond or Bonds shall be numbered T-1 upward.
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legality thereof and neither the City nor the attorneys approving said Bonds as to legality are to
be held responsible for CUSIP numbers incorrectly printed on the Bonds.
The approving legal opinion of Vinson & Elkins L.L.P., Bond Counsel, may be printed
on the reverse side of each Bond over the certification of the City Secretary of the City, which
may be executed in facsimile.
ARTICLE VII
Section 7.01 Sale of Bonds, Official Statement.
(a) The Bonds shall be sold at private sale to the Underwriters in accordance with the
terms of this Ordinance, including this Section 7.01(a). As authorized by the Chapter 1371,
be satisfied:
(i) the Bonds shall not bear interest at a rate greater than the maximum rate
allowed by Chapter 1204, Texas Government Code, as amended; and
(ii) the aggregate principal amount of the Bonds authorized to be issued for
the purposes described in Section 3.01 shall not exceed the maximum amount authorized
in Section 3.01 hereof ($19,000,000); and
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(iii) all such terms and determinations pertaining to the pricing of the Bonds
shall be based on bond market conditions and available interest rates for the Bonds on the
date of the sale of the Bonds, all as set forth in the Pricing Certificate.; and
(iv) prior to delivery of the Bonds to the Underwriters, the Bonds must have
been rated by a nationally recognized rating agency for municipal securities in one of the
four highest rating categories for long term obligations.

13. Notices; and
City Council.
(b) The form and substance of the Preliminary Official Statement and any addenda,
supplement or amendment thereto, presented to and considered at this meeting are hereby in all
respects approved. The City’s financial advisor, Bond Counsel, City Manager and Chief
Financial Officer are each authorized to complete the Preliminary Official Statement with such
modifications, completions, changes and supplements, as those persons shall approve or
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(c) All officers of the City are authorized to execute such documents, certificates and
receipts as they may deem appropriate in order to consummate the delivery of the Certificates in
accordance with the terms of sale therefor. Further, in connection with the submission of the
record of proceedings for the Certificates to the Attorney General of the State of Texas for
examination and approval of such Certificates, the appropriate officer of the City is hereby
authorized and directed to issue a check of the City payable to the Attorney General of the State
of Texas as a nonrefundable examination fee in the amount required by Chapter 1202, Texas
Government Code (such amount to be the lesser of (i) 1/10th of 1% of the principal amount of
the Certificates or (ii) $9,500).
(d) The obligation of the Underwriters to accept delivery of the Bonds is subject to
the Underwriters being furnished with the final, approving opinion of Vinson & Elkins L.L.P.,
Bond Counsel, which opinion shall be dated and delivered on the Closing Date. The Mayor is
hereby authorized and directed to execute the engagement letter with Vinson & Elkins L.L.P.,
setting forth such firm’s duties as Disclosure Counsel for the City, and such engagement letter
and the terms thereof in the form presented at this meeting are hereby approved and accepted.
(e) The obligation of the purchaser identified in subsection (a) of this Section to
accept delivery of the Bonds is subject to such purchaser being furnished with the final,
approving opinion of Vinson & Elkins L.L.P., Bond Counsel for the City, which opinion shall be
dated and delivered the Closing Date.
(a) The Mayor of the City is hereby authorized to have control of the Initial Bond and
all necessary records and proceedings pertaining thereto pending investigation, examination and
approval of the Attorney General of the State of Texas, registration by the Comptroller of Public
Accounts of the State of Texas and registration with, and initial exchange or transfer by, the
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(b) After registration by the Comptroller of Public Accounts of the State of Texas,
delivery of the Bonds shall be made to the initial purchasers thereof under and subject to the
general supervision and direction of the Mayor, against receipt by the City of all amounts due to
the City under the terms of sale.
(a) All amounts received on the Closing Date as accrued interest on the Bonds from
the Bond Date to the Closing Date plus premium, if any, as may be set forth in the Pricing
Certificate, shall be deposited to the Interest and Sinking Fund.
(b) The remaining balance received on the Closing Date, in the amount as set forth in
the Pricing Certificate, including premium, if any, as set forth in the Pricing Certificate, shall be
deposited to the Construction Fund, and shall be used for the purposes described in Section 3.01
and to pay the cost of issuing the Bonds.
(c) To the extent necessary to effect the intent and purposes of this Ordinance, the
City Manager of the City is hereby authorized to reallocate or adjust the application of the
proceeds of the Bonds as set forth above (except the amounts described in Section 7.03(a)
above).
ARTICLE VIII
INVESTMENTS
Section 8.01 Investments.
(a) Money in the Interest and Sinking Fund created by this Ordinance, at the City’s
option, may be invested in such securities or obligations as permitted under applicable law.
(b) Any securities or obligations in which money is so invested shall be kept and held
in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely
applied to the making of all payments required to be made from the fund from which the
investment was made.
Section 8.02 Investment Income.
(a) Interest and income derived from investment of the Interest and Sinking Fund
shall be credited to such Fund.
(b) Interest and income derived from the investment of the funds deposited pursuant
to Section 7.03(b) hereof shall be credited to the fund or account where deposited until the
construction of the projects for which the Bonds are issued is completed; thereafter, to the extent
such interest and income are present, such interest and income shall be deposited to the Interest
and Sinking Fund.
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ARTICLE IX
Section 9.01 Payment of the Bonds.
On or before each Interest Payment Date for the Bonds and while any of the Bonds are
outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the
Interest and Sinking Fund, money sufficient to pay such interest on and principal of the Bonds as
will accrue or mature on the applicable Interest Payment Date or date of prior redemption.
Section 9.02 Other Representations and Covenants.
(a) The City will faithfully perform at all times any and all covenants, undertakings,
stipulations, and provisions contained in this Ordinance and in each Bond; the City will promptly
pay or cause to be paid the principal of and interest on each Bond on the dates and at the places
and manner prescribed in such Bond; and the City will, at the times and in the manner prescribed
by this Ordinance, deposit or cause to be deposited the amounts of money specified by this
Ordinance.
(b) The City is duly authorized under the laws of the State of Texas to issue the
Bonds; all action on its part for the creation and issuance of the Bonds has been duly and
effectively taken; and the Bonds in the hands of the Owners thereof are and will be valid and
enforceable obligations of the City in accordance with their terms.
ARTICLE X
Section 10.01 Events of Default.
Each of the following occurrences or events for the purpose of this Ordinance is hereby
declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the
Bonds when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant,

agreement or obligation of the City, which default materially and adversely affects the
rights of the Owners, including but not limited to, their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of sixty (60)
days after notice of such default is given by any Owner to the City.
Section 10.02 Remedies for Default.
Upon the happening of any Event of Default, then any Owner or an authorized
representative thereof, including but not limited to, a trustee or trustees therefor, may proceed
against the City for the purpose of protecting and enforcing the rights of the Owners under this
Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any
court of competent jurisdiction, for any relief permitted by law, including the specific
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performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing
that may be unlawful or in violation of any right of the Owners hereunder or any combination of
such remedies.
It is provided that all such proceedings shall be instituted and maintained for the equal
benefit of all Owners of Bonds then outstanding.
Section 10.03 Remedies Not Exclusive.
(a) No remedy herein conferred or reserved is intended to be exclusive of any other

available remedy or remedies, but each and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or under the Bonds or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of this
Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a
remedy under this Ordinance.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
ARTICLE XI
DISCHARGE
Section 11.01 Discharge.
The Bonds may be defeased, discharged or refunded in any manner permitted by

applicable law.
ARTICLE XII
Section 12.01 Annual Reports.
(a) The City shall provide annually to the MSRB, within six (6) months after the end
of each fiscal year, financial information and operating data with respect to the City of the
general type included in the final Official Statement, being the information described in
Exhibit A hereto. Any financial statements so to be provided shall be (i) prepared in accordance
with the accounting principles described in Exhibit A hereto, (ii) audited, if the City
commissions an audit of such statements and the audit is completed within the period during
which they must be provided, and (iii) submitted through EMMA, in an electronic format with
accompanying identification, as prescribed by the MSRB. If the audit of such financial
statements is not complete within such period, then the City shall provide notice that audited
financial statements are not available and shall provide unaudited financial statements for the
applicable fiscal year to the MSRB. The City shall provide audited financial statements for the
applicable fiscal year to the MSRB, when and if audited financial statements become available.
(b) If the City changes its fiscal year, it will notify the MSRB of the change (and of
the date of the new fiscal year end) prior to the next date by which the City otherwise would be
required to provide financial information and operating data pursuant to this Section.
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(c) The financial information and operating data to be provided pursuant to this
Section may be set forth in full in one or more documents or may be included by specific
referenced to any document (including an official statement or other offering document, if it is
SEC.
Section 12.02 Material Event Notices.
(a) The City shall notify the MSRB, in a timely manner, of any of the following
events with respect to the Bonds, if such event is material within the meaning of the federal
securities laws:

difficulties;

difficulties;
(v) substitution of credit or liquidity providers, or their failure to perform;
(vi) adverse tax opinions or events affecting the tax exempt status of the
Bonds;
(viii) bond calls;
(ix) defeasances;
(x) release, substitution, or sale of property securing repayment of the Bonds;

and
(b) The City shall notify the MSRB, in a timely manner, of any failure by the City to
provide financial information or operating data in accordance with Section 12.01 of this
Section 12.03 Limitations, Disclaimers and Amendments.
(a) The City shall be obligated to observe and perform the covenants specified in this
Article for so long as, but only for so long as, the City remains an “obligated person” with
respect to the Bonds within the meaning of the Rule, except that the City in any event will give
notice of any Bond calls and any defeasances that cause the City to be no longer an “obligated
person.”
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(b) The provisions of this Article are for the sole benefit of the Owners and beneficial
owners of the Bonds, and nothing in this Article, express or implied, shall give any benefit or any
legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to
provide only the financial information, operating data, financial statements, and notices which it
has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide
any other information that may be relevant or material to a complete presentation of the City’s
financial results, condition, or prospects or hereby undertake to update any information provided
in accordance with this Article or otherwise, except as expressly provided herein. The City does
not make any representation or warranty concerning such information or its usefulness to a
decision to invest in or sell Bonds at any future date.

PERFORMANCE.
(c) No default by the City in observing or performing its obligations under this
Article shall constitute a breach of or default under the Ordinance for purposes of any other
(d) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise
limit the duties of the City under federal and state securities laws.
(e) The provisions of this Article may be amended by the City from time to time to
adapt to changed circumstances that arise from a change in legal requirements, a change in law,
or a change in the identity, nature, status, or type of operations of the City, but only if (i) the
provisions of this Article, as so amended, would have permitted an underwriter to purchase or
sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account
any amendments or interpretations of the Rule to the date of such amendment, as well as such
changed circumstances, and (ii) either (A) the Owners of a majority in aggregate principal
such an amendment) of the Outstanding Bonds consent to such amendment or (B) an entity or
individual person that is unaffiliated with the City (such as nationally recognized bond counsel)
determines that such amendment will not materially impair the interests of the Owners and
beneficial owners of the Bonds. If the City so amends the provisions of this Article, it shall
include with any amended financial information or operating data next provided in accordance
with Section 12.01 an explanation, in narrative form, of the reasons for the amendment and of
the impact of any change in type of financial information or operating data so provided.
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PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the ___th
day of December, 2009, by a vote of ___ ayes and ____ nays at a regular meeting of the City
Council of the City of Irving, Texas.
By:
ATTEST:
By:
CHARLES ANDERSON,
City Attorney

TAXABLE SERIES 2010 (BUILD AMERICA BONDS — DIRECT PAYMENT)
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EXHIBIT A
The following information is referred to in Article XII of this Ordinance.
1. The audited financial statements of the City for the most recently concluded fiscal
year.
2. Statistical and financial data set forth in Tables 1 through 6 and 8 through 15 in
the Official Statement.
described in the notes to the financial statements set forth in Appendix B to the Official
Statement.
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FY2009-2010
FALL
CAPITAL IMPROVEMENT BOND PROGRAM
GENERAL OBLIGATION BOND SALE
$18,500,000
Bond Proposed
Division Authorization Project Amount
Goal 9 Streets 1999 Prop #1 MacArthur Corridor Improvements $ 2,750,000

2006 Prop #1 MacArthur Corridor Improvements $ 650,000
1999 Prop #1 Las Colinas Undergrounding $ 2,000,000
Streets Total: $ 5,400,000
Attachment: GO Projects (3137 : 8 Authorizing Issuance of Series 2010B BAB's)

Goal 7 Parks 2006 Prop #3 Campion Trails $ 600,000
2006 Prop #3 Lake Carolyn Promenade $ 3,500,000
1999 Prop #3 Land Acquisition $ 1,350,000
2006 Prop #3 Land Acquisition $ 150,000
Parks Total: $ 5,600,000
Libraries 2006 Prop #4 South Library $ 1,000,000

2006 Prop #4 West Irving Library $ 4,500,000
Facilities Total: $ 5,500,000
Goal 3 Economic 2006 Prop #10 Water Street - Lake Reclamation/Promenade $ 2,000,000
Development
Economic Development Total: $ 2,000,000
Total General Obligation Bond Program $ 18,500,000
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56
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3136


Issuance and Sale of City of Irving, Texas, Municipal Drainage Utility
System Revenue Bonds, Series 2010 in an Aggregate Principal Amount Not
to Exceed $2,500,000; Providing for the Award of the Sale Thereof in
Accordance with Specified Parameters; Providing for the Security and
Payment of Said Bonds; Approving the Official Statement; Approving
Execution and Delivery of a Bond Purchase Agreement, a Paying
Agent/Registrar Agreement and a Disclosure Counsel Agreement Letter;
and Enacting Other Provisions Relating Thereto
2. Impact: Approval of the Ordinance will provide financing for the Lake Carolyn wall
reclamation which is a key component to the Water Street development.
3. The Ordinance provides funding in the amount of $2,000,000 for permanent public
improvements. If approved, funding from the sale should be received in early 2010
Recommendation
.
ATTACHMENTS:
• Bond Ordinance - Irving 2010 Muni Drainage System (2) (PDF)
• MDU Projects (PDF)

NONE
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Attachment: Bond Ordinance - Irving 2010 Muni Drainage System (2) (3136 : 8 Authorizing Issuance of Series 2010 MDU Bonds)
ORDINANCE NO. _____

MUNICIPAL DRAINAGE UTILITY SYSTEM
REVENUE BONDS
SERIES 2010
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TABLE OF CONTENTS
Page
Recitals ...................................................................................................................................... 1
ARTICLE I
DEFINITIONS, FINDINGS AND INTERPRETATION
Section 1.01 Definitions........................................................................................................... 2

Section 1.02 Findings............................................................................................................... 5
Section 1.03 Table of Contents, Titles and Headings................................................................ 6
Section 1.04 Interpretation ....................................................................................................... 6
ARTICLE II
SECURITY FOR THE BONDS
Section 2.01 Pledge of Security................................................................................................ 6

Section 2.02 Rates and Charges ............................................................................................... 6
Section 2.03 Bonds as Special Obligations............................................................................... 7
Section 2.04 Security Interest................................................................................................... 7
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND

PROVISIONS REGARDING THE BONDS
Section 3.01 Authorization....................................................................................................... 7

Section 3.02 Date, Denomination, Maturities and Interest ........................................................ 8
Section 3.03 Medium, Method and Place of Payment............................................................... 8
Section 3.04 Execution and Registration of Bonds ................................................................... 9
Section 3.05 Ownership ......................................................................................................... 10
Section 3.06 Registration, Transfer and Exchange.................................................................. 10
Section 3.07 Cancellation....................................................................................................... 11
Section 3.08 Temporary Bonds .............................................................................................. 11
Section 3.09 Replacement Bonds ........................................................................................... 12
Section 3.10 Book-Entry-Only System................................................................................... 13
Section 3.11 Successor Securities Depository; Transfer Outside Book-Entry-Only System .... 14
Section 3.12 Payments to Cede & Co..................................................................................... 14
ARTICLE IV
Section 4.01 Limitation on Redemption ................................................................................. 14

Section 4.02 Optional Redemption......................................................................................... 14
Section 4.03 Mandatory Sinking Fund Redemption................................................................ 14
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Section 4.04 Partial Redemption ............................................................................................ 15

Section 4.05 Notice of Redemption to Owners ....................................................................... 16
Section 4.06 Payment Upon Redemption ............................................................................... 16
Section 4.07 Effect of Redemption......................................................................................... 16
Section 4.08 Limitation on Transfer ....................................................................................... 16
Section 4.09 Conditional Notice of Redemption..................................................................... 17
Section 4.10 Lapse of Payment .............................................................................................. 17
ARTICLE V
Section 5.01 Appointment of Initial Paying Agent/Registrar .................................................. 17

Section 5.02 Qualifications .................................................................................................... 17
Section 5.03 Maintaining Paying Agent/Registrar .................................................................. 17
Section 5.04 Termination ....................................................................................................... 18
Section 5.05 Notice of Change to Owners .............................................................................. 18
Section 5.06 Agreement to Perform Duties and Functions...................................................... 18
Section 5.07 Delivery of Records to Successor....................................................................... 18
ARTICLE VI
FORM OF THE BONDS
Section 6.01 Form Generally.................................................................................................. 18

Section 6.02 Form of the Bonds ............................................................................................. 20
Section 6.03 CUSIP Registration ........................................................................................... 26
Section 6.04 Legal Opinion.................................................................................................... 26
Section 6.05 Statement of Insurance....................................................................................... 26
ARTICLE VII
FUNDS AND ACCOUNTS
Section 7.01 Creation of Funds .............................................................................................. 27

Section 7.02 System Fund...................................................................................................... 27
Section 7.03 Bond Fund......................................................................................................... 27
Section 7.04 Reserve Fund..................................................................................................... 28
Section 7.05 Deficiencies; Excess Revenues .......................................................................... 30
Section 7.06 Security of Funds............................................................................................... 30
ARTICLE VIII
SALE AND DELIVERY OF BONDS; DEPOSIT OF PROCEEDS
Section 8.01 Sale of Bonds; Official Statement ...................................................................... 31

Section 8.02 Control and Delivery of Bonds .......................................................................... 33
Section 8.03 Deposit of Proceeds ........................................................................................... 33
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ARTICLE IX
Section 9.01 Payment of Bonds.............................................................................................. 34

Section 9.02 Issuance of Additional Parity Bonds .................................................................. 34
Section 9.03 Additional Bonds Reserve Fund Requirement.................................................... 35
Section 9.04 Issuance of Obligations of Inferior Lien and Pledge........................................... 35
Section 9.05 Refunding Bonds ............................................................................................... 35
Section 9.06 Maintenance and Operation - Insurance ............................................................. 36
Section 9.07 Records - Accounts - Accounting Reports.......................................................... 36
Section 9.08 Sale or Lease of Properties................................................................................. 37
Section 9.09 Satisfaction of Obligation of City....................................................................... 37
Section 9.10 Bonds as Negotiable Instruments ....................................................................... 38
Section 9.11 Special Covenants ............................................................................................. 38
Section 9.12 Ordinance a Contract - Amendments ................................................................. 38
Section 9.13 Provisions Concerning Federal Income Tax Exclusion....................................... 39
Section 9.14 No Private Use or Payment and No Private Loan Financing............................... 39
Section 9.15 No Federal Guaranty.......................................................................................... 39
Section 9.16 Bonds are not Hedge Bonds............................................................................... 39
Section 9.17 No Arbitrage Covenant ...................................................................................... 40
Section 9.18 Arbitrage Rebate................................................................................................ 40
Section 9.19 Information Reporting ....................................................................................... 40
Section 9.20 Continuing Obligation ....................................................................................... 41
ARTICLE X
Section 10.01 Remedies in Event of Default ............................................................................ 41
ARTICLE XI
Section 11.01 Annual Reports.................................................................................................. 41

Section 11.02 Material Event Notices ...................................................................................... 42
Section 11.03 Limitations, Disclaimers and Amendments ........................................................ 43
EXECUTION........................................................................................................................... 43
Exhibit A - Description of Annual Disclosure of Financial Information
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AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF

IRVING, TEXAS, MUNICIPAL DRAINAGE UTILITY SYSTEM REVENUE
BONDS, SERIES 2010 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $2,500,000; PROVIDING FOR THE AWARD OF THE SALE
THEREOF IN ACCORDANCE WITH SPECIFIED PARAMETERS;
PROVIDING FOR THE SECURITY AND PAYMENT OF SAID BONDS;
APPROVING THE OFFICIAL STATEMENT; APPROVING EXECUTION
AND DELIVERY OF A BOND PURCHASE AGREEMENT, A PAYING
AGENT/REGISTRAR AGREEMENT AND A DISCLOSURE COUNSEL
AGREEMENT LETTER; AND ENACTING OTHER PROVISIONS
RELATING THERETO
WHEREAS, pursuant to authority conferred by Subchapter C of Chapter 402 of the

Texas Local Government Code, the City Council of the City of Irving, Texas (the “City”),
established the City of Irving, Texas, Municipal Drainage Utility System (the “System”) within
the municipal boundaries of the City; and
delivery of revenue bonds to finance the costs of drainage improvements, including the
acquisition, construction and repair of structures, equipment and facilities for the System in a
single series at this time; and
WHEREAS, the City Council previously approved Ordinance No. 6110, dated April 2,
1992 (“Ordinance No. 6110”), establishing a municipal drainage utility system; and
WHEREAS, the City Council previously approved Ordinance No. ORD-2008-8977 dated
October 16, 2008, setting the City’s current schedule of rates and charges for its municipal
drainage utility system; and
interest at the rates and have such other terms and provisions specified in the Pricing Certificate
pursuant to the authority granted in Chapter 402, Texas Local Government Code, as amended,
Chapter 1371, Texas Government Code, as amended, and Article VII, Section 1 of the Charter of
the City; and
as required by Chapter 551, Texas Government Code, as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF MANSFIELD, TEXAS, THAT:
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ARTICLE I
DEFINITIONS, FINDINGS AND INTERPRETATION
Section 1.01 Definitions.
Unless otherwise expressly provided or unless the context clearly requires otherwise, in
“Act” means Subchapter C of Chapter 402 of the Texas Local Government Code, as
amended.
“Additional Bonds” means revenue bonds or other evidences of indebtedness issued or

entered into, as the case may be, in the future in accordance with the terms and conditions
provided in Section 9.02 hereof and, by their terms, are equally and ratably secured by a parity
lien on and pledge of the Revenues of the System.
“Average Annual Debt Service” means an amount which, at the time of computation, is
derived by dividing the total amount of Debt Service to be paid over a period of years as the
same is scheduled to become due and payable by the number of years taken into account in
determining the total Debt Service. Capitalized interest payments provided from bond proceeds
shall be excluded in making the aforementioned computation.
“Bonds” means the “City of Irving, Texas, Municipal Drainage Utility System Revenue
Bonds, Series 2010” authorized by this Ordinance.
“Bond Date” means the date designated as the date of the Bonds by Section 3.02(a).
“City” means the City of Irving, Texas.
“Credit Facility” means (i) a policy of insurance or a surety bond, issued by an issuer of
policies of insurance insuring the timely payment of debt service on governmental obligations,
provided that a rating agency having an outstanding rating on such obligations would rate such
obligations which are fully insured by a standard policy issued by the issuer in its two highest
generic rating categories for such obligations; and (ii) a letter or line of credit issued by any
financial institution, provided that a rating agency having an outstanding rating on the Bonds
would rate the Bonds in its two highest generic rating categories for such obligations if the letter
or line of credit proposed to be issued by such financial institution secured the timely payment of
the entire principal amount of the Bonds and the interest thereon.
“Debt Service” means, as of any particular date of computation, with respect to any
obligations and with respect to any period, the aggregate of the amounts required to be paid or
set aside by the City as of such date or in such period for the payment of the principal of,
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premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the
case of obligations without a fixed numerical rate, that such obligations bear, or would have
borne, interest at a rate equal to the greater of: (i) the actual rate in effect on the date of
calculation, (ii) the average variable rate for the 12 months preceding the date of calculation if
the outstanding obligations were subject to a variable rate during such 12 month period or (iii)
(1) if interest on the indebtedness is excludable from gross income under the Code, the most
recently reported Bond Buyer Revenue Bond Index rate as of the date of computation (or a
comparable index if this index does not exist on such date), plus 50 basis points, or (2) if interest
is not so excludable, the interest rate on direct U.S. Treasury obligations with comparable
maturities, plus 50 basis points; and further assuming in the case of obligations required to be
redeemed or prepaid as to principal prior to maturity, the principal amounts thereof will be
redeemed prior to maturity in accordance with the mandatory redemption provisions applicable
thereto.
Agent/Registrar named herein, the Designated Payment/Transfer Office as designated in the
Paying Agent/Registrar Agreement, or at such other location designated by the Paying
“DTC” shall mean The Depository Trust Company of New York, New York, or any
“DTC Participant” shall mean brokers and dealers, banks, trust companies, clearing
“Fiscal Year” means the fiscal year used by the City in connection with the operation of
the System.
“Government Obligations” means (i) direct, noncallable obligations of the United States
of America, including obligations the principal of and interest on which are unconditionally
guaranteed by the United States of America, (ii) noncallable obligations of an agency or
instrumentality of the United States, including obligations unconditionally guaranteed or insured
by the agency or instrumentality and on the date of their acquisition or purchase by the City are
rated as to investment quality by a nationally recognized investment rating firm not less than
AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county,
municipality, or other political subdivision of a state that have been refunded and on the date of
their acquisition or purchase by the City, are rated as to investment quality by a nationally
recognized investment rating firm not less than AAA or its equivalent.
“Initial Bond” means the Initial Bond authorized by Section 3.04(d) of this Ordinance.
“Bond Fund” means the bond fund established by the City in Section 7.01.
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“Interest Payment Date” means the date or dates upon which interest on the Bonds is
March 15 and September 15 of each year, commencing on the date specified in the Pricing
Certificate.
“Letter of Representations” means the Blanket Letter of Representation between the City
and DTC.
“Maturity Date” means the date specified in Section 3.02 hereof on which the principal of
the Bonds is due and payable.
“MSRB” means Municipal Securities Rulemaking Bond.
“Operating and Maintenance Expenses” means all current expenses of operating and
maintaining the System, including all salaries, labor, materials, and administrative costs,
allocable under generally accepted accounting principles, to the System. Depreciation charges
and other costs and disbursements which may be capitalized under generally accepted accounting
principles shall not be considered Operating and Maintenance Expenses.
“Outstanding” means when used in this Ordinance with respect to Bonds or any
Additional Bonds, as the case may be, as of the date of determination, all Bonds and any
Additional Bonds theretofore sold, issued and delivered by the City, except:
(1) Bonds or any Additional Bonds cancelled or delivered to the transfer agent
or registrar for cancellation in connection with the exchange or transfer of
such obligations;
(2) Bonds or any Additional Bonds paid or deemed to be paid in accordance

with the provisions of Section 9.09 hereof; and
(3) Bonds or any Additional Bonds that have been mutilated, destroyed, lost,
or stolen and replacement bonds have been registered and delivered in lieu
thereof.
“Owner” means the person who is the registered owner of a Bond or Bonds.
Company, National Association, or any successor thereto as provided in this Ordinance.
“Paying Agent/Registrar Agreement” means the Paying Agent/Registrar Agreement

between the City and the Paying Agent/Registrar relating to the Bonds.
“Parity Bonds” means the Bonds and any Additional Bonds as the same may be from
time to time Outstanding.

Committee.
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“Pricing Committee” means Herbert Gears, Mayor (or in his absence, Counsel member
Joe Phillip, Chairman, Audit and Finance Committee), Tommy Gonzalez, City Manager, and
“Record Date” means the fifteenth day of the month next preceding an Interest Payment
Date.
“Register” means the register specified in Section 3.06(a) of this Ordinance.
“Reserve Fund Obligations” means cash or investment securities of any of the type or
types permitted under Section 7.06 of this Ordinance.
“Reserve Fund Requirement: means an amount equal to the Average Annual Debt
Service on the Bonds plus any Additional Bonds.
“Revenues” means all income, receipts and revenues of every nature derived or received
from the operation and ownership (excluding impact fees and gifts restricted as to use and
federal or state grants for construction of drainage facilities) of the System, including earnings
and income derived from the investment or deposit of moneys in any special funds or accounts
created and established for the payment and security of the Parity Bonds and other obligations
payable solely from and secured only by a lien on and pledge of the Revenues of the System.
“Special Record Date” means the Special Record Date as prescribed in Section 3.03(b).
“System” means all land, easements and interest in land, together with all structures,
equipment and facilities used in draining benefitted property (within the meaning of the Act),
including, but not limited to, bridges, catch basins, channels, conduits, creeks, culverts, detention
ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to
those items, whether natural or artificial, or using force or gravity, that are used to draw off
surface water from land, carry the water away, collect, store, or treat the water, or divert the
water into natural or artificial watercourses.
remaining unclaimed by the Owners of such Bonds for 90 days after the applicable payment or
redemption date.
“Underwriter(s)” means the firm(s) designated in the Pricing Certificate and in the
Purchase Contract relating to the Bonds described in Section 8.01 of this Ordinance.
Section 1.02 Findings.
(a) The declarations, determinations and findings declared, made and found in the
preambles to this Ordinance are hereby adopted, restated and made a part of the operative
provisions hereof.
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construed to effectuate the purposes set forth herein to sustain the validity of this Ordinance.
ARTICLE II
SECURITY FOR THE BONDS
Section 2.01 Pledge of Security.
The City hereby covenants and agrees that all of the Revenues of the System, with the
exception of those in excess of the amounts required for the payment of the Parity Bonds, are
hereby irrevocably pledged to the payment of the Bonds and Additional Bonds, if issued, and the
interest thereon, including the establishment and maintenance of the special funds created and
established by this Ordinance, all as hereinafter provided. It is hereby ordained that such pledge
of Revenues securing the payment of the Parity Bonds and interest thereon shall constitute a first
lien on such Revenues of the System and be valid and binding and fully perfected from and after
the date of adoption of this Ordinance without physical delivery or transfer of control of the
Revenues, the filing of this Ordinance or any other act; all as provided in Chapter 1208 of the
Texas Government Code.
Section 2.02 Rates and Charges.
For the benefit of the Owners of the Bonds and Additional Bonds and in accordance with
the provisions of the Act and other applicable laws of the State of Texas, the City hereby
expressly stipulates and agrees, while any of the Bonds or Additional Bonds are Outstanding, to
establish, maintain and impose drainage charges for services afforded by the System that are
reasonably expected, on the basis of available information and experience and with due
allowance for contingencies, to be sufficient to:
(1) Pay all Operating and Maintenance Expenses of the System;
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(2) Produce revenues each year in an amount reasonably anticipated to be not

less than 1.10 times the average annual principal and interest requirements
of the Bonds and Additional Bonds then Outstanding;
(3) Make any required deposits to the Reserve Fund and any contingency fund
created for the payment and security of the Bonds and any Additional
Bonds; and
(4) Pay all other indebtedness payable from and/or secured in whole or in part
by a lien on and pledge of the Revenues of the System.
Section 2.03 Bonds as Special Obligations.
The Bonds are special obligations of the City payable from the pledged Revenues and the
Owners thereof shall never have the right to demand payment thereof out of funds raised or to be
raised by taxation.
Section 2.04 Security Interest.
The City represents that, under Chapter 1208.002, Texas Government Code, a security
interest in property, other than real property, that is created by the City is valid and effective
according to the terms of the security agreement and is perfected from the time the security
agreement is entered into or adopted continuously through the termination of the security
interest, without physical delivery or transfer of control of the property, filing of a document, or
another act. The City covenants that if Chapter 1208.002 is amended at any time while the
Bonds are outstanding and unpaid, the City shall take all actions required in order to preserve for
the Owners of the Bonds a perfected security interest in the property in which such security
interest is granted pursuant to Section 2.01 hereof.
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND

PROVISIONS REGARDING THE BONDS
The City’s bonds to be designated the “City of Irving, Texas, Municipal Drainage Utility
System Revenue Bonds, Series 2010” are hereby authorized to be issued and delivered in
accordance with the Constitution and laws of the State of Texas, including particularly,
Chapter 402, Texas Local Government Code, as amended and Chapter 1371, Texas Government
Code, as amended, and Article VII, Section 1 of the Charter of the City. The Bonds shall be
issued in the aggregate principal amount not to exceed $2,500,000, for the purpose of providing
funds (i) to pay the costs of drainage improvements, including the acquisition and construction of
equipment and facilities for the System, and (ii) to pay the costs of issuing the Bonds.
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(a) The Bonds shall be dated the date set forth in the Pricing Certificate. The
Bonds shall be in fully registered form, without coupons, in the denomination of $5,000 or any
integral multiple thereof and shall be numbered separately from one upward, except the Initial
Bond, which shall be numbered T-1.
amounts and shall bear interest at the per annum rates set forth in the Pricing Certificate.
(c) Interest shall accrue and be paid on each Bond respectively until its
maturity, or earlier redemption, from the later of the Bond Date or the most recent Interest
Payment Date to which interest has been paid or provided for at the rate per annum for each
respective maturity specified in the Pricing Certificate. Such interest shall be payable
semiannually on each Interest Payment Date. Interest on the Bonds shall be computed on the
basis of a 360-day year of twelve 30-day months.
(a) The principal of and interest on the Bonds shall be paid in lawful money
of the United States of America.
(b) Interest on the Bonds shall be payable to the Owners as shown in the
Register at the close of business on the Record Date. However, in the event that interest on the
Bonds is not paid on a scheduled Interest Payment Date and remains unpaid for 30 days
thereafter, a new record date for such interest payment (a “Special Record Date”) shall be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which special payment date shall be 15 days after the
Special Record Date) shall be sent at least five business days prior to the Special Record Date by
United States mail, first class, postage prepaid, to the address of each Owner of a Bond
appearing on the Register at the close of business on the last business day next preceding the date
of mailing of such notice.
(c) Interest on each Bond shall be paid by check dated as of the Interest
Payment Date, and sent on or before the Interest Payment Date by first-class United States mail,
postage prepaid, by the Paying Agent/Registrar to each Owner at the address of each Owner as
such appears in the Register or by such other customary banking arrangements acceptable to the
Paying Agent/Registrar and the person to whom interest is to be paid; provided, however, that
such person shall bear all risk and expense of such other customary banking arrangements.
(d) The principal of each Bond shall be paid to the Owner thereof on the
Maturity Date upon presentation and surrender of such Bond at the designated office of the
(e) If the date for the payment of the principal of or interest on the Bonds
shall be a Saturday, Sunday, legal holiday, or day on which banking institutions in the city where
the Designated Payment/Transfer Office is located are required or authorized by law or executive
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order to close, the date for such payment shall be the next succeeding day which is not a
Saturday, Sunday, legal holiday, or day on which banking institutions are required or authorized
to close, and payment on such date shall for all purposes be deemed to have been made on the
due date thereof as specified in this Section.
(f) Subject to Title 6 of the Texas Property Code, or similar law, Unclaimed
Payments remaining unclaimed by the Owners entitled thereto for three years after the applicable
payment or redemption date shall be deposited into the Bond Fund and applied to the next
payment on the Bonds thereafter coming due; to the extent any such moneys remain after the
retirement of all outstanding Bonds, such moneys may be used by the City for any lawful
purpose. Thereafter, neither the City, the Paying Agent/Registrar, nor any other person shall be
liable or responsible to any Owners of such Bonds for any further payment of such unclaimed
moneys or on account of any such Bonds, subject to Title 6 of the Texas Property Code, or
similar law.
(a) The Bonds shall be executed on behalf of the City by the Mayor or Mayor
Pro Tem and City Secretary of the City, by their manual or facsimile signatures, and the official
seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on
the Bonds shall have the same effect as if each of the Bonds had been signed manually and in
person by each of said officers, and such facsimile seal on the Bonds shall have the same effect
as if the official seal of the City had been manually impressed upon each of the Bonds.
(b) In the event any officer of the City whose manual or facsimile signature
the delivery thereof, such facsimile signature nevertheless shall be valid and sufficient for all
purposes as if such officer had remained in such office.
(c) Except as provided below, no Bond shall be valid or obligatory for any
purpose or be entitled to any security or benefit of this Ordinance unless and until there appears
thereon the Certificate of Paying Agent/Registrar substantially in the form provided herein, duly
Public Accounts of the State of Texas, or by his duly authorized agent, which certificate shall be
evidence that the Initial Bonds have been duly approved by the Attorney General of the State of
Texas and that they are valid and binding obligations of the City, and have been registered by the
(d) On the Closing Date, one initial Bond (the “Initial Bond”), representing
the entire principal amount of the Bonds, payable in stated installments to the Underwriter(s) or
its designee, such Initial Bond to be executed by manual or facsimile signature of the Mayor or
Mayor Pro Tem and City Secretary of the City, approved by the Attorney General, and registered
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and manually signed by the Comptroller of Public Accounts, will be delivered to the
Underwriter(s) or its designee. Upon payment for the Initial Bond, the Paying Agent/Registrar
shall cancel the Initial Bond and deliver to DTC on behalf of the Underwriter(s) registered
definitive Bonds, in accordance with Section 3.10 hereof.
(a) The City, the Paying Agent/Registrar and any other person may treat the
person in whose name any Bond is registered as the absolute Owner of such Bond for the
purpose of making and receiving payment of the principal, for the further purpose of making and
receiving payment of the interest thereon (subject to the provisions herein that for the Bonds
interest is to be paid to the person in whose name the Bond is registered on the Record Date or
Special Record Date, as applicable), and for all other purposes, whether or not such Bond is
overdue, and neither the City nor the Paying Agent/Registrar shall be bound by any notice or
knowledge to the contrary.
(b) All payments made to the Owner of a Bond shall be valid and effectual
and shall discharge the liability of the City and the Paying Agent/Registrar upon such Bond to
the extent of the sums paid.
Agent/Registrar to keep at its Designated/Payment Transfer Office a register (the “Register”) in
which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar
shall provide for the registration and transfer of Bonds in accordance with this Ordinance.
(b) The ownership of a Bond may be transferred and exchanged only upon the
presentation and surrender of the Bond to the Paying Agent/Registrar. A Bond may be assigned
by the execution of an assignment form on the Bond or by other instrument of transfer and
assignment acceptable to the Paying Agent/Registrar. A new Bond or Bonds will be delivered
by the Paying Agent/Registrar, in lieu of the Bond being transferred or exchanged, at the
Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States
mail, first class, postage prepaid, to the new registered owner or his designee. No transfer of any
Bond shall be effective until entered in the Register.
(c) The Bonds shall be exchangeable upon the presentation and surrender
thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Bond or
Bonds of the same maturity and interest rate and in any denomination or denominations of any
integral multiple of $5,000 and in an aggregate principal amount equal to the unpaid principal
amount of the Bonds presented for exchange. The Paying Agent/Registrar is hereby authorized
to authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section.
(d) Each exchange Bond delivered by the Paying Agent/Registrar in

accordance with this Section shall constitute an original contractual obligation of the City and
shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or
Bonds in lieu of which such exchange Bond is delivered.
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any subsequent transfer, or exchange for a different denomination of any of the Bonds. The
transfer or exchange any Bond called for redemption, in whole or in part, where such redemption
is scheduled to occur within 45 calendar days after the transfer or exchange date; provided,
however, such limitation of transfer shall not be applicable to an exchange by the Owner of the
uncalled principal balance of a Bond.
authenticated and delivered in accordance with this Ordinance, shall be cancelled upon the
making of proper records regarding such payment, exchange or replacement. The Paying
Agent/Registrar shall then return such cancelled Bonds to the City or may in accordance with
law destroy such cancelled Bonds and periodically furnish the City with certificates of
(b) Until exchanged for Bonds in definitive form, such Bonds in temporary
form shall be entitled to the benefit and security of this Ordinance.
(c) The City, without unreasonable delay, shall prepare, execute and deliver to
the Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and
surrender of the Bond or Bonds in temporary form to the Paying Agent/Registrar, the Paying
Agent/Registrar shall cancel the Bonds in temporary form and authenticate and deliver in
exchange therefor a Bond or Bonds of the same maturity and series, in definitive form, in the
authorized denomination, and in the same aggregate principal amount, as the Bond or Bonds in
temporary form surrendered. Such exchange shall be made without the making of any charge
therefor to any Owner.
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(a) Upon the presentation and surrender to the Paying Agent/Registrar of a
mutilated Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a
(b) In the event that any Bond is lost, apparently destroyed or wrongfully
taken, the Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in
the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser,
shall authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a
number not contemporaneously outstanding, provided that the Owner first complies with the
following requirements:

or her ownership of and the circumstances of the loss, destruction or theft of such
Bond;
(ii) furnishes such security or indemnity as may be required by the

Paying Agent/Registrar to save it and the City harmless;
(iii) pays all expenses and charges in connection therewith, including,

but not limited to, printing costs, legal fees, fees of the Paying Agent/Registrar
and any tax or other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the City

and the Paying Agent/Registrar.
(c) After the delivery of such replacement Bond, if a bona fide purchaser of
the original Bond in lieu of which such replacement Bond was issued presents for payment such
(d) In the event that any such mutilated, lost, apparently destroyed or
wrongfully taken Bond has become or is about to become due and payable, the Paying
Agent/Registrar, in its discretion, instead of issuing a replacement Bond, may pay such Bond if it
has become due and payable or may pay such Bond when it becomes due and payable.
(e) Each replacement Bond delivered in accordance with this Section shall
constitute an original additional contractual obligation of the City and shall be entitled to the
benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which
such replacement Bond is delivered.
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Section 3.10 Book-Entry-Only System.
(a) The definitive Bonds shall be initially issued in the form of a separate
single fully registered Bond for each of the maturities thereof with the ownership of each such
Bond registered in the name of Cede & Co., as nominee of DTC, and except as provided in
Section 3.11 hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co.,
as nominee of DTC.
(b) The Bonds shall initially be issued in book-entry-only form and shall be
deposited with DTC, which is hereby appointed to act as the securities depository therefor, in
accordance with the Letter of Representations.
(c) With respect to Bonds registered in the name of Cede & Co., as nominee
of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any
DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in
the Bonds. Without limiting the immediately preceding sentence, the City and the Paying
the Bonds, (ii) the delivery to any DTC Participant or any other person, other than an Owner, as
shown on the Register, of any notice with respect to the Bonds, including any notice of
redemption, or (iii) the payment to any DTC Participant or any other person, other than an
Owner, as shown in the Register of any amount with respect to principal of, premium, if any, or
interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the
City and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose
name each Bond is registered in the Register as the absolute owner of such Bond for the purpose
of payment of principal of, premium, if any, and interest on Bonds, for the purpose of giving
notices of redemption and other matters with respect to such Bond, for the purpose of registering
transfer with respect to such Bond, and for all other purposes whatsoever. The Paying
Agent/Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or
upon the order of the respective Owners as shown in the Register, as provided in this Ordinance,
and all such payments shall be valid and effective to fully satisfy and discharge the City’s
obligations with respect to payment of principal of, premium, if any, and interest on the Bonds to
the extent of the sum or sums so paid. No person other than an Owner, as shown in the Register,
shall receive a Bond certificate evidencing the obligation of the City to make payments of
amounts due pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar
of written notice to the effect that DTC has determined to substitute a new nominee in place of
Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or
drafts being mailed to the registered owner at the close of business on the Record Date, the word
“Cede & Co.” in this Ordinance shall refer to such new nominee of DTC.
(d) The Letter of Representations previously executed and delivered by the

City, and applicable to the City’s obligations delivered in book-entry-only form to DTC as
securities depository, is hereby ratified and approved for the Bonds.
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Section 3.11 Successor Securities Depository; Transfer Outside Book-Entry-Only

System.
In the event that the City determines that DTC is incapable of discharging its
responsibilities described herein and in the Letter of Representations, the City shall (i) appoint a
successor securities depository, qualified to act as such under Section 17(a) of the Securities and
Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of
such successor securities depository and transfer one or more separate Bonds to such successor
securities depository; or (ii) notify DTC and DTC Participants of the availability through DTC of
certificated Bonds and cause the Paying Agent/Registrar to transfer one or more separate
registered Bonds to DTC Participants having Bonds credited to their DTC accounts. In such
event, the Bonds shall no longer be restricted to being registered in the Register in the name of
Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities
depository, or its nominee, or in whatever name or names Owners transferring or exchanging
Bonds shall designate, in accordance with the provisions of this Ordinance.
Bonds shall be made and given, respectively, in the manner provided in the Letter of
Representations.
ARTICLE IV
The Bonds shall be subject to redemption before their scheduled maturity only as
provided in this Article IV.
(a) The City reserves the option to redeem Bonds in the manner provided in
the Form of Bond set forth in Section 6.01 of this Ordinance with such changes as are required
by the Pricing Certificate.
(b) The City, at least 45 days before the redemption date, unless a shorter
Agent/Registrar of such redemption and of the principal amount of Bonds to be redeemed.
(a) Bonds designated as “Term Bonds” in the Pricing Certificate, if any, are
subject to scheduled mandatory redemption and will be redeemed by the City, in part at a price
equal to the principal amount thereof, without premium, plus accrued interest to the redemption
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date, out of moneys available for such purpose in the Interest and Sinking Fund, on the dates and
in the respective principal amounts as set forth in the Pricing Certificate.
(b) At least forty-five (45) days prior to each scheduled mandatory
redemption date, the Paying Agent/Registrar shall select for redemption by lot, or by any other
customary method that results in a random selection, a principal amount of Term Bonds equal to
the aggregate principal amount of such Term Bonds to be redeemed, shall call such Term Bonds
for redemption on such scheduled mandatory redemption date, and shall give notice of such
redemption, as provided in Section 4.05.
(c) In lieu of calling the Term Bonds described in subsection (a), above, for
(d) Upon any such purchase in lieu of redemption, not less than forty five (45)
days prior to a mandatory redemption date, the City shall deliver such Term Bonds to the Paying
that year.
(e) To the extent that the Term Bonds have been previously redeemed other
than from such scheduled mandatory redemption payments, the amount of each scheduled
mandatory redemption payment set forth above shall be reduced, as nearly as practicable, on a
pro rata basis.
(a) If less than all of the Bonds subject to redemption are to be redeemed, the
City shall determine the maturity or maturities and the amounts thereof to be redeemed and shall
direct the Paying Agent/Registrar to call by lot the Bonds, or portions thereof, within such
maturities and in such principal amounts, for redemption.

redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. The
Paying Agent/Registrar shall treat each $5,000 portion of such Bond as though it were a single
Bond for purposes of selection for redemption.
(c) Upon surrender of any Bond for redemption in part, the Paying
Agent/Registrar, in accordance with Section 3.06 of this Ordinance, shall authenticate and
deliver an exchange Bond or Bonds in an aggregate principal amount equal to the unredeemed
principal amount of the Bond so surrendered, such exchange being without charge.
(d) The Paying Agent/Registrar shall promptly notify the City in writing of
the principal amount to be redeemed of any Bond as to which only a portion thereof is to be
redeemed.
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(a) The Paying Agent/Registrar shall give notice of any redemption of Bonds
by sending notice by first-class United States mail, postage prepaid, not less than 30 days before
the date fixed for redemption, to the Owner of each Bond or portion thereof to be redeemed, at
the address shown on the Register.
(b) The notice shall state the redemption date, the redemption price, the place
at which the Bonds are to be surrendered for payment, and, if less than all the Bonds outstanding
(c) Any notice given as provided in this Section shall be conclusively

presumed to have been duly given, whether or not the Owner receives such notice.
Agent/Registrar money sufficient to pay all amounts due on the redemption date, and the Paying
Agent/ Registrar shall make provision for the payment of the Bonds to be redeemed on such date
Designated Payment/Transfer Office on or after the date fixed for redemption, the Paying
Agent/Registrar shall pay the principal of, redemption premium, if any, and accrued interest on
such Bond to the date of redemption from the money set aside for such purpose.
(a) Notice of redemption having been given as provided in Section 4.05 of

this Ordinance, the Bonds or portions thereof called for redemption shall become due and
payable on the date fixed for redemption; thereafter, unless the City defaults in its obligation to
make provision for the payment of the principal thereof, redemption premium, if any, and
accrued interest thereon, such Bonds or portions thereof shall cease to bear interest from the date
fixed for redemption, whether or not such Bonds are presented and surrendered for payment on
such date.
(b) If the City shall fail to make provision for the payment of all sums due on
a redemption date, then any Bond or portion thereof called for redemption shall continue to bear
or accrue interest at the rate stated on the Bond until due provision is made for the payment of
same by the City.
Section 4.08 Limitation on Transfer.
Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange
any Bond called for redemption within 45 days of the date fixed for redemption; provided,
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however, that such limitation shall not apply to the uncalled principal balance of a Bond called
for redemption in part.
herein, to give notice of its election or direction to redeem Bonds conditioned upon the
occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned
upon the deposit of moneys and/or authorized securities, in an amount equal to the amount
necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may
be authorized by law, no later than the redemption date, or (ii) that the City retains the right to
rescind such notice at any time on or prior to the scheduled redemption date if the City delivers a
certificate of the City to the Paying Agent/Registrar instructing the Paying Agent/Registrar to
rescind the redemption notice and such notice and redemption shall be of no effect if such
moneys and/or authorized securities are not so deposited or if the notice is rescinded. The
Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of
redemption to the affected Owners. Any Bonds subject to conditional redemption and such
redemption has been rescinded shall remain Outstanding and the rescission of such redemption
shall not constitute an event of default. Further, in the case of a conditional redemption, the
failure of the City to make moneys and or authorized securities available in part or in whole on
or before the redemption date shall not constitute an event of default.
ARTICLE V
The Bank of New York Mellon Trust Company, National Association, is hereby
appointed as the initial Paying Agent/Registrar for the Bonds.

(a) At all times while any Bonds are outstanding, the City will maintain a
Paying Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor or
Mayor Pro Tem is hereby authorized to execute an agreement with the Paying Agent/Registrar
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specifying the duties and responsibilities of the City and the Paying Agent/Registrar. The
signature of the Mayor or Mayor Pro Tem shall be attested by the City Secretary.
(b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such,
the City will promptly appoint a replacement.
The City, upon not less than 60 days notice, reserves the right to terminate the
be terminated written notice of such termination, provided, that such termination shall not be
effective until a successor Paying Agent/Registrar has been appointed and has accepted the
duties of Paying Agent/Registrar for the Bonds.
cause notice of the change to be sent to each Owner by first-class United States mail, postage
By accepting the appointment as Paying Agent/Registrar, and executing the Paying

If a Paying Agent/Registrar is replaced, such Paying Agent, promptly upon the

ARTICLE VI
FORM OF THE BONDS
(a) The Bonds, including the Registration Certificate of the Comptroller of

Public Accounts of the State of Texas, the Certificate of the Paying Agent/Registrar and the
Assignment form to appear on each of the Bonds, (i) shall be substantially in the form set forth in
this Article with such appropriate insertions, omissions, substitutions and other variations as are
permitted or required by this Ordinance, and (ii) may have such letters, numbers or other marks
of identification (including identifying numbers and letters of the Committee on Uniform
Securities Identification Procedures of the American Bankers Association) and such legends and
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56.a
(b) Any portion of the text of any Bonds may be set forth on the reverse side
thereof, with an appropriate reference thereto on the face of the Bonds.
(c) The definitive Bonds, if any, shall be typewritten, photocopied, printed,

lithographed or engraved, and may be produced by any combination of these methods or
produced in any other similar manner, all as determined by the officers executing such Bonds, as
evidenced by their execution thereof.
(d) The Initial Bond submitted to the Attorney General of the State of Texas
may be typewritten and photocopied or otherwise reproduced.
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The form of the Bonds, including the form of the Registration Certificate of the
follows:
(a) Form of Bond.
REGISTERED REGISTERED:
No. _______ $___________

State of Texas
MUNICIPAL DRAINAGE UTILITY SYSTEM
REVENUE BOND
SERIES 20101

_____ _______, ____ _______________2 _______ ___
The City of Mansfield, Texas (the “City”), in the Counties of Tarrant, Johnson and Ellis,
State of Texas, for value received, hereby promises to pay to
___________________________
_____________________ DOLLARS
provided for, at the per annum rate of interest specified above, computed on the basis of a 360-
day year of twelve 30-day months, such interest to be paid semiannually on March 15 and
September 15 of each year, commencing ____________________3.
the designated office in Dallas, Texas, of the Bank of New York Mellon Trust Company,
1
Complete Title to be designated in Pricing Certificate.
2
Insert based on Pricing Certificate.
3
Insert based on Pricing Certificate.
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56.a
National Association, as Paying Agent/Registrar (the “Designated Payment/Transfer Office”), or,

with respect to a successor paying agent/registrar, at the Designated Payment/Transfer Office of
such successor. Interest on this Bond is payable by check dated as of the interest payment date,
mailed by the Paying Agent/Registrar on or before such interest payment date to the registered
owner at the address shown on the registration books kept by the Paying Agent/Registrar, or by
such other customary banking arrangements acceptable to the Paying Agent/Registrar and the
person to whom interest is to be paid; provided, however, that such person shall bear all risk and
expense of such other customary banking arrangements. For the purpose of the payment of
interest on this Bond, the registered owner shall be the person in whose name this Bond is
registered at the close of business on the “Record Date,” which shall be the last business day of
the month next preceding such interest payment date. However, in the event that interest is not
paid on a scheduled payment date and remains unpaid for 30 days thereafter, a new record date
for such interest payment (a “Special Record Date”) will be established by the Paying
interest (which date shall be 15 days after the Special Record Date) shall be sent at least five
business days prior to the Special Record Date by United States mail, first class, postage prepaid,
to the address of each registered owner of a Bond appearing on the books of the Paying
Agent/Registrar at the close of business on the last business day preceding the date of mailing of
such notice.
Sunday, legal holiday, or day on which banking institutions in the city where the Designated
Payment/Transfer Office is located are required or authorized by law or executive order to close,
the date for such payment shall be the next succeeding day which is not a Saturday, Sunday,
legal holiday, or day on which banking institutions are required or authorized to close, and
payment on such date shall for all purposes be deemed to have been made on the original date
payment was due.
This Bond is dated ____________________4 and one of a series of fully registered bonds
specified in the title hereof issued in the aggregate principal amount of $_______________5
(herein referred to as the “Bonds”), issued pursuant to a certain ordinance of the City (the
“Ordinance”). Capitalized terms used herein and not otherwise defined shall have the meaning
assigned thereto in the Ordinance. The Bonds are being issued for the purpose of providing
funds to make certain improvements to the System and to pay the costs of issuing the Bonds.
The Bonds constitute special obligations of the City and are payable solely from and
equally secured by a first lien on and pledge of the Revenues of the System. The Bonds do not
constitute a legal or equitable pledge, charge, lien or encumbrance upon any property of the City
or the System, except with respect to the Revenues.
The City expressly reserves the right to issue additional revenue obligations in all things
on a parity with the Bonds, payable solely from and equally secured by a first lien on and pledge
4
Insert based upon Pricing Certificate.
5
Insert based upon Pricing Certificate.
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56.a
of the Revenues of the System; provided, however, that any and all such additional obligations
may be so issued only in accordance with and subject to the covenants, conditions, limitations
and restrictions relating thereto which are set out and contained in the Ordinance to which
reference is hereby made for more complete and full particulars.
[The City has reserved the option to redeem the Bonds maturing on and after
September 15, 20__, in whole or in part before their respective scheduled maturity dates, on
September 15, 20__, or [on any date thereafter, at a redemption price equal to the principal
amount thereof plus accrued interest to the date of redemption. If less than all of the Bonds are
to be redeemed, the City shall determine the maturity or maturities and the amounts thereof to be
redeemed and shall direct the Paying Agent/Registrar to call by lot the Bonds, or portions
thereof, within such maturity and in such principal amounts, for redemption.]6
follows:
Principal
September 15, 20__ $________
September 15, 20__ ________
basis.]7
[Notice of such redemption or redemptions shall be given by first-class mail, postage

prepaid, not less than 30 days prior to the date fixed for redemption, to the registered owner of
each of the Bonds to be redeemed in whole or in part. Notice having been so given, the Bonds or
portions thereof designated for redemption shall become due and payable on the redemption date
specified in such notice, and from and after such date, notwithstanding that any of the Bonds or
6
7
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56.a
portions thereof so called for redemption shall not have been surrendered for payment, interest
on such Bonds or portions thereof shall cease to accrue.
default.]8
Office with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar; thereupon, one or more new fully registered Bonds of the same stated maturity,
of authorized denominations, bearing the same rate of interest, and for the same aggregate
principal amount will be issued to the designated transferee or transferees.
Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange
any Bond called for redemption within 45 days of the date fixed for redemption; provided,
however, that such limitation shall not apply to the uncalled principal balance of a Bond called
for redemption in part.
“Record Date”) and for all other purposes, whether or not this Bond be overdue, and neither the
series of which it is a part is duly authorized by law; that all acts, conditions and things required
to be done precedent to and in the issuance of the Bonds to render the same lawful and valid
have been properly done and have happened in regular and due time, form and manner as
required by law; that the Bonds do not exceed any constitutional or statutory limitation; and that
8
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provision has been made for the payment of the principal of and interest on the Bonds by
irrevocably pledging the Revenues of the System, as hereinabove recited.
The owner hereof shall never have the right to demand payment of this Bond out of any
funds raised or to be raised by taxation.
IN WITNESS WHEREOF, the City has caused this Bond to be executed under its official
seal.
___________________________________ ___________________________________
City Secretary, Mayor,
City of Irving, Texas City of Irving, Texas
[SEAL]
Bonds if such Certificate on the Initial Bond is fully executed.

State of Texas, and that it is a valid and binding special obligation of the City of Mansfield,
Texas, payable from the revenues pledged to its payment by and in the ordinance authorizing
same, and that said Bond has this day been registered by me.
Witness my hand and seal of office at Austin, Texas, _________________.
_________________________________________
Comptroller of Public Accounts of
the State of Texas
[SEAL]
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56.a
Bonds was approved by the Attorney General of the State of Texas and registered by the
THE BANK OF NEW YORK MELLON TRUST

COMPANY, NATIONAL ASSOCIATION
as Paying Agent/Registrar
Dated: ______________________ By: ____________________________________

Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED _______________________ (the “Transferor”), the undersigned,

hereby sells, assigns and transfers unto (print or typewrite name, address and zip code of
transferee:
___________________________________________________________________________
___________________________________________________________________________
(Social Security or Federal Employer Identification No. ______________) the within bond and
all rights thereunder, and hereby irrevocably constitutes and appoints ______________________
as attorney to transfer the within bond on the books kept for registration therefor, with full power
of substitution in the premises.
__________________________________________
NOTICE: The signature on this Assignment must
correspond with the name of the registered owner as
it appears on the face of the within Bond in every
particular and must be guaranteed in a manner
satisfactory to the Paying Agent/Registrar.
Date: _______________________
Signature Guaranteed:
_____________________________
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56.a
(e) The Initial Bond shall be in the form set forth in paragraphs (a) through (d)
of this Section, except for the following alterations:
(i) immediately under the name of the Bond, the headings
“INTEREST RATE” and “MATURITY DATE” shall both be completed with the
words “As shown below” and the words “CUSIP NUMBER:” shall be deleted;
specified above” shall be deleted and the following will be inserted: “on August 1
in each of the years, in the principal installments, and bearing interest at the per
annum rates in accordance with the following schedule:
Principal Interest
Years Installments Rates”
(Information to be inserted from

Pricing Certificate)
(iii) the Initial Bond shall be numbered T-1.
legality thereof and neither the City nor bond counsel to the City are to be held responsible for
CUSIP numbers incorrectly printed on the Bonds.
The approving legal opinions of Vinson & Elkins L.L.P., Bond Counsel, may be printed
on each Bond over the certification of the City Secretary of the City, which may be executed in
facsimile.
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56.a
ARTICLE VII
FUNDS AND ACCOUNTS
Section 7.01 Creation of Funds.
All revenues derived from the operation of the System shall be kept separate from other
funds of the City. To that end, the following special Funds, to be held by the City’s depository
bank, are hereby established:
(a) “City of Irving, Texas Municipal Drainage Utility System Fund,”

hereinafter called the “System Fund.”
(b) “City of Irving, Texas Municipal Drainage Utility System Reserve Fund,”
hereinafter called the “Reserve Fund.”
(c) “City of Irving, Texas Municipal Drainage Utility System Bond Fund,”
hereinafter called the “Bond Fund.”
Section 7.02 System Fund.
(a) The City hereby covenants and agrees that the Revenues of the System
(excluding earnings and income derived from investments held in the Bond Fund and the
Reserve Fund) shall be deposited as collected to the credit of the System Fund. All revenues
deposited in the System Fund shall be pledged and appropriated to the extent required for the
following uses and in the order of priority shown:
First: To the payment of the amounts required to be deposited in the Bond Fund
for the payment of Debt Service on the Parity Bonds as the same becomes due and
payable.
Second: To the payment of the amounts required to be deposited in the Reserve

Fund to maintain the Required Reserve in accordance with the provisions of this
Ordinance or any other ordinance relating to the issuance of Additional Bonds.
(b) Revenues remaining in the System Fund after satisfying the foregoing
payments, or making adequate and sufficient provision for the payment thereof, may be
transferred to the City’s general fund or used for any lawful purpose, except to the extent such
transfer or use is prohibited by Section 402.049 of the Act.
Section 7.03 Bond Fund.
(a) Moneys on deposit in the Bond Fund shall be used solely for the purpose
of paying the principal of and interest on the Bonds as the same becomes due and payable. The
City hereby covenants that there shall be deposited into the Bond Fund from the System Fund an
amount sufficient to pay the principal of and interest on the Bonds when due, either at maturity
or prior redemption. Deposits to the Bond Fund shall be made in substantially equal monthly
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56.a
installments on or before the 25th day of each month, beginning the month next following the
delivery of the Bonds to the Underwriter(s).
(b) The required monthly deposits to the Bond Fund for the payment of
principal of and interest on the Bonds shall continue to be made as hereinabove provided until (i)
the total amount on deposit in the Bond Fund and the Reserve Fund is equal to the amount
required to fully pay and discharge all Outstanding Parity Bonds or (ii) the Bonds are no longer
Outstanding.
(c) Accrued interest received from the sale of the Bonds, as well as earnings
derived from the investment of moneys in the Bond Fund, shall be deposited to the credit of the
Bond Fund and taken into consideration in determining the amount of the monthly deposits
hereinabove required to be deposited in the Bond Fund from the Revenues of the System.
Section 7.04 Reserve Fund.
(a) The City covenants and agrees that commencing on the 25th day of the
month immediately succeeding the Closing Date, and on the 25th day of each month thereafter, it
will deposit to the Reserve Fund such amounts in equal monthly installments to cause the
Reserve Fund Obligations in the Reserve Fund to equal the Reserve Fund Requirement within 60
months of the Closing Date. Upon issuance of Additional Bonds, it will increase, if necessary,
and accumulate the amount to be deposited in the Reserve Fund in accordance with the
requirements set forth in Section 9.02 hereof. For so long as the funds on deposit in the Reserve
Fund are equal to amounts then required to be on deposit therein, no additional deposit need be
made therein. In the event the Reserve Fund at any time contains less than the amount then
required to be on deposit therein, then, subject and subordinate to making the required deposits
to the credit of the Bond Fund, the City shall deposit to the Reserve Fund from the Revenues
amounts equal to such deficiency; provided, however, the City shall cause any such deficiency to
be cured by making monthly installments of at least 1/24th of any such deficiency on or before
the 25th day of each month following a deficiency. The money on deposit in the Reserve Fund
shall be used solely for the purpose of paying the principal of and interest on the Bonds and any
Additional Bonds at any time there are not sufficient moneys on deposit in the Bond Fund.
(b) The City may, at its option, withdraw all surplus in the Reserve Fund over
the Reserve Fund Requirement and deposit the same in the System Fund; provided, however,
that to the extent such surplus monies constitute bond proceeds, including interest and income
derived therefrom, such amounts shall not be deposited to the System Fund and shall only be
used for the purposes for which bond proceeds may be used.
(c) For the purpose of determining compliance with the requirements of

subsection (a) of this Section, Reserve Fund Obligations shall be valued each year as of the last
day of the City’s fiscal year at their cost or market value, whichever is lower, except that any
direct obligations of the United States (State and Local Government Series) held for the benefit
of the Reserve Fund in book-entry form shall be continuously valued at their par value or face
principal amount.
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(d) To the extent permitted by, and in accordance with applicable law and
upon approval of the Attorney General of the State of Texas, the City may substitute a Credit
Facility for cash or investment securities on deposit in the Reserve Fund or in substitution or
replacement of any existing Credit Facility. Upon such replacement or substitution, cash or
investment securities of any of the types permitted by Section 7.06 hereof, on deposit in the
Reserve Fund which, taken together with the face amount of any existing Credit Facilities, are in
excess of the Reserve Fund Requirement may be withdrawn by the City, at its option, and
transferred to the System Fund; provided that the face amount of any Credit Facility may be
reduced at the option of the City in lieu of such transfer. However, to the extent such surplus
monies constitute bond proceeds, including interest and income derived therefrom, such amounts
shall not be deposited to the System Fund and shall only be used for the purposes for which bond
proceeds may be used. Any interest due on any reimbursement obligation under the Credit
Facility shall not exceed the highest lawful rate of interest which may be paid by the City.
(e) If the City is required to make a withdrawal from the Reserve Fund for
any of the purposes described in this Section, the City shall promptly notify the issuer of such
Credit Facility of the necessity for a withdrawal from the Reserve Fund for any such purposes,
and shall make such withdrawal first from available moneys or investment securities then on
deposit in the Reserve Fund, and next from a drawing under any Credit Facility to the extent of
such deficiency. In the event that on the date of termination or expiration of any Credit Facility
there is not on deposit in the Reserve Fund sufficient Reserve Fund Obligations, equal to the
Reserve Fund Requirement, then, after making required deposits to the Bond Fund, the City shall
deposit to the Reserve Fund from the first available Revenues amounts necessary to satisfy the
Reserve Fund Requirement; provided, however, the City shall cause any such deficiency to be
cured by making monthly installments of at least 1/24th of the Reserve Fund Requirement on or
before the 25th day of each month following such deficiency.
(f) In the event of the redemption or defeasance of any of the outstanding

Bonds or Additional Bonds, any Reserve Fund Obligations on deposit in the Reserve Fund in
excess of the Reserve Fund Requirement may be withdrawn and transferred, at the option of the
City, to the System Fund, as a result of (i) the redemption of the outstanding Bonds or Additional
Bonds, or (ii) funds for the payment of the outstanding Bonds or Additional Bonds having been
deposited irrevocably with the paying agent or place of payment therefor in the manner described
in this Ordinance, the result of such deposit being that such outstanding Bonds or Additional
Bonds no longer are deemed to be outstanding under the terms of this Ordinance. However, to
the extent such surplus monies constitute bond proceeds, including interest and income derived
therefrom, such amounts shall not be deposited to the System Fund and shall only be used for the
purposes for which bond proceeds may be used.
(g) In the event there is a draw upon the Credit Facility, the City shall
reimburse the issuer of such Credit Facility for such draw in accordance with the terms of any
agreement pursuant to which the Credit Facility is issued from Revenues; however, such
reimbursement from Revenues shall be subject to the provisions of subparagraph (e) hereof, and
shall be subordinate and junior in right of payment to the payment of principal of and premium,
if any, and interest on the Bonds.
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Section 7.05 Deficiencies; Excess Revenues.
(a) If on any occasion there shall not be sufficient Revenues of the System to
make the required deposits into the Bond Fund and the Reserve Fund, then such deficiency shall
be cured as soon as possible from the next available Revenues of the System, or from any other
sources available for such purpose.
(b) Subject to making the required deposits to the Bond Fund and the Reserve
Fund in accordance with the provisions of this Ordinance, or any ordinance authorizing the
issuance of Additional Bonds, the excess Revenues may be transferred to the City’s general
operating fund or used by the City for any lawful purpose.
Section 7.06 Security of Funds.
(a) Money in any Fund may, at the option of the City, be invested in funds
and obligations authorized and identified in the Public Funds Investment Act, as amended or
other applicable law; provided, however, the investment of moneys held in the Bond Fund and
the Reserve Fund shall be restricted to time deposits or certificates of deposit secured (to the
extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type
hereinafter described, or be invested, including investments held in book-entry form, in direct
obligations of the United States of America and obligations guaranteed or insured by the United
States of America, which, in the opinion of the Attorney General of the United States, are backed
by its full faith and credit or represent its general obligations; provided that all such deposits and
investments shall be made in such a manner that the money required to be expended from any
Fund will be available at the proper time or times and provided further the maximum stated
maturity for any investment acquired with money in the Reserve Fund shall be limited to five (5)
years from the date of the investment of such money. Such investments (except State and Local
Government Series investments held in book-entry form, which shall at all times be valued at
cost) shall be valued in terms of current market value within 45 days of the close of each Fiscal
Year and, with respect to investments held for the account of the Reserve Fund, within 30 days
of the date of passage of each ordinance authorizing the issuance of Additional Bonds. All
interest and income derived from deposits and investments in the Bond Fund immediately shall
be credited to, and any losses debited to, the Bond Fund. All interest and interest income derived
from deposits in and investments of the Reserve Fund shall, subject to the limitations provided in
Section 7.04 hereof, be credited to and deposited in the System Fund. All such investments shall
be sold promptly when necessary to prevent any default in connection with the Parity Bonds.
(b) To the extent amounts deposited to the credit of any Funds referenced
herein are not invested, such uninvested amounts shall be secured in the manner and to the fullest
extent required by laws of the State of Texas for the security of public funds.
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ARTICLE VIII
SALE AND DELIVERY OF BONDS; DEPOSIT OF PROCEEDS
Section 8.01 Sale of Bonds; Official Statement.
(a) The Bonds shall be sold at private sale to the Underwriters in accordance
with the terms of this Ordinance, including this Section 7.01(a). As authorized by Chapter 1371,
be satisfied:
(i) the Bonds shall not bear interest at a rate greater than the
maximum rate allowed by Chapter 1204, Texas Government Code, as amended;
and
(ii) the aggregate principal amount of the Bonds authorized to be

issued for the purposes described in Section 3.01 shall not exceed the maximum
amount authorized in Section 3.01 hereof ($2,500,000); and
(iii) all such terms and determinations pertaining to the pricing of the
Bonds shall be based on bond market conditions and available interest rates for
the Bonds on the date of the sale of the Bonds, all as set forth in the Pricing
Certificate; and
(iv) prior to delivery of the Bonds to the Underwriters, the Bonds must
have been rated by a nationally recognized rating agency for municipal securities
in one of the four highest rating categories for long term obligations.
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13. Notices; and
City Council.
(b) The form and substance of the Preliminary Official Statement and any
addenda, supplement or amendment thereto, presented to and considered at this meeting are
hereby in all respects approved. The City’s financial advisor, Bond Counsel, City Manager and
Chief Financial Officer are each authorized to complete the Preliminary Official Statement with
such modifications, completions, changes and supplements, as those persons shall approve or
(c) All officers of the City are authorized to execute such documents,
certificates and receipts as they may deem appropriate in order to consummate the delivery of the
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Certificates in accordance with the terms of sale therefor. Further, in connection with the
submission of the record of proceedings for the Certificates to the Attorney General of the State
of Texas for examination and approval of such Certificates, the appropriate officer of the City is
hereby authorized and directed to issue a check of the City payable to the Attorney General of
the State of Texas as a nonrefundable examination fee in the amount required by Chapter 1202,
Texas Government Code (such amount to be the lesser of (i) 1/10th of 1% of the principal
amount of the Certificates or (ii) $9,500).
(d) The obligation of the Underwriters to accept delivery of the Bonds is

subject to the Underwriters being furnished with the final, approving opinion of Vinson & Elkins
L.L.P., Bond Counsel, which opinion shall be dated and delivered on the Closing Date. The
Mayor is hereby authorized and directed to execute the engagement letter with Vinson & Elkins
L.L.P., setting forth such firm’s duties as Disclosure Counsel for the City, and such engagement
letter and the terms thereof in the form presented at this meeting are hereby approved and
accepted.
(e) The obligation of the Underwriter(s) identified in subsection (a) of this

Section to accept delivery of the Bonds is subject to such Underwriter(s) being furnished with
the final, approving opinion of Vinson & Elkins L.L.P., Bond Counsel for the City, which
opinion shall be dated and delivered the Closing Date.
(a) The Mayor and the Mayor Pro Tem of the City are each hereby authorized
to have control of the Initial Bond and all necessary records and proceedings pertaining thereto
pending investigation, examination and approval of the Attorney General of the State of Texas,
registration by the Comptroller of Public Accounts of the State of Texas, and registration with,
and initial exchange or transfer by, the Paying Agent/Registrar.
(b) After registration by the Comptroller of Public Accounts, delivery of the

Bonds shall be made to the Underwriter(s) under and subject to the general supervision and
direction of the Mayor or Mayor Pro Tem of the City, against receipt by the City of all amounts
due to the City under the terms of sale.
(a) All amounts received on the Closing Date as accrued interest on the Bonds
from the Bond Date to the Closing Date, plus premium, if any, as set forth in the Pricing
Certificate, shall be deposited to the Bond Fund.
(b) The remaining balance received on the Closing Date, in the amount as set
forth in the Pricing Certificate, including premium, if any, as set forth in the Pricing Certificate,
shall be deposited to a special construction account of the City and shall be used to pay the costs
of drainage improvements, including the acquisition, construction, repair of structures,
equipment and facilities for the System and the costs of issuing the Bonds.
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ARTICLE IX
Section 9.01 Payment of Bonds.
While any of the Bonds are Outstanding, the Chief Financial Officer (or other designated
financial officer of the City) shall cause to be transferred to the Paying Agent/Registrar, from
funds on deposit in the Bond Fund, and, if necessary, in the Reserve Fund, amounts sufficient to
fully pay and discharge promptly as each installment of interest and principal of the Bonds
accrues or matures or comes due by reason of redemption prior to maturity; such transfer of
funds to be made in such manner as will cause immediately available funds to be deposited with
the Paying Agent/Registrar for the Bonds at the close of the last business day next preceding the
date of payment for the Bonds.
Section 9.02 Issuance of Additional Parity Bonds.
(a) In addition to the right to issue bonds of inferior lien as authorized by law,
the City reserves the right to issue Additional Bonds, under and in accordance with this
Section 9.02, for the purpose of improving, extending, equipping and repairing the System and
for the purpose of refunding, in any lawful manner, any part or all of the Bonds or any
Additional Bonds then Outstanding. The Additional Bonds shall be secured by and payable from
a first lien on and pledge of the Revenues in the same manner and to the same extent as the
Bonds; and the Bonds and the Additional Bonds then proposed to be issued shall in all respects
be on a parity and of equal dignity as to lien and right. Additional Bonds may be issued under
this Section in one or more installments; provided, however, that none of the Additional Bonds
shall be issued unless and until the following conditions have been met, to-wit:
(i) The City is not then in default as to any covenant, condition or

obligation prescribed by any ordinance authorizing the issuance of the Bonds or
any Additional Bonds;
(ii) Each of the special Funds created for the payment and security of
the Bonds and any Additional Bonds then Outstanding contain the amount of
money then required to be on deposit therein;
(iii) The Additional Bonds shall be scheduled to mature or be payable

as to principal on September 15 or March 15 (or both) in each year the same are to
be outstanding or during the term thereof.
(iv) The City has secured a certificate or opinion of a Certified Public

Accountant to the effect that, according to the books and records of the City, the
Revenues for the last completed Fiscal Year, or for 12 consecutive months out of
the 18 months immediately preceding the month in which the ordinance
authorizing the issuance of the then proposed Additional Bonds is passed, are at
least equal to (i) 1.25 times the Average Annual Debt Service for all Outstanding
Parity Bonds after giving effect to the issuance of the Additional Bonds then
being issued and (ii) 1.10 times the maximum annual Debt Service for all
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Outstanding Parity Bonds after giving effect to the issuance of the Additional
Bonds then being issued. In making a determination of the Revenues, the
Accountant may take into consideration a change in the charges for services
afforded by the System that became effective at least 30 days prior to the last day
of the period for which Revenues are determined and, for purposes of satisfying
the above Revenues test, make a pro forma determination of the Revenues of the
System for the period of time covered by his certification or opinion based on
such change in charges being in effect for the entire period covered by the
certificate or opinion of the Accountant.
(v) The ordinance authorizing the Additional Bonds (i) requires that
deposits shall be made into the Bond Fund in amounts adequate to pay the
principal and interest requirements of the Additional Bonds as the same become
due; and (ii) provides that the aggregate amount to be accumulated and
maintained in the Reserve Fund shall be increased to an amount equal to the
Reserve Fund Requirement for all Bonds to be outstanding after the issuance of
said Additional Bonds. Such additional amount shall be so accumulated in not
more than sixty months from the date of the Additional Bonds; and
Section 9.03 Additional Bonds Reserve Fund Requirement.
Whenever Additional Bonds are issued, the amount to be accumulated and maintained in
the Reserve Fund shall be increased to an amount equal to the Reserve Fund Requirement for all
Parity Bonds to be outstanding after the issuance of the Additional Bonds. Such additional
amount shall be so accumulated in equal monthly installments during a period not to exceed five
years from the date of the Additional Bonds.
Section 9.04 Issuance of Obligations of Inferior Lien and Pledge.
The City hereby reserves the right to issue obligations payable from and secured by a lien
on and pledge of the Revenues of the System, junior and subordinate in rank and dignity to the
lien and pledge securing the payment of the Parity Bonds, as may be authorized by the laws of
the State of Texas.
Section 9.05 Refunding Bonds.
The City reserves the right to issue refunding bonds to refund all or any part of the Parity
Bonds (pursuant to any law then available) upon such terms and conditions as the City Council
of the City may deem to be in the best interest of the City and its inhabitants, and if less than all
of such Parity Bonds then Outstanding are refunded, the conditions precedent prescribed (for the
issuance of Additional Bonds) set forth in Section 9.02 hereof shall be satisfied and the
certificate or opinion of the Accountant required in Section 9.02 shall give effect to the Debt
Service of the proposed refunding bonds (and shall not give effect to the Debt Service on the
bonds being refunded following their cancellation or provisions being made for their payment).
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Section 9.06 Maintenance and Operation - Insurance.
In regard to the operations and properties of the System, the City agrees to carry and
maintain liability and property damage insurance of the kind and in the amounts customarily
carried by municipal corporations in Texas on such kind of properties; provided, however, the
City, in lieu of and/or in combination with carrying such insurance, may self-insure against all
perils and risks by establishing self-insurance reserves. Annually each year, not later than the
end of each Fiscal Year, the City shall prepare or cause to be prepared by a person competent
and knowledgeable in such matters a written evaluation of the adequacy of such self-insurance
and/or insurance coverage and of any recommended changes in regard to the City’s
insurance/self-insurance policies, practices and procedures.
Section 9.07 Records - Accounts - Accounting Reports.
The City hereby covenants, reaffirms and agrees that so long as any of the Bonds, or any
interest thereon, remain outstanding and unpaid, it will keep and maintain a proper and complete
system of records and accounts pertaining to the operation of the System separate and apart from
all other records and accounts in which complete and correct entries shall be made of all
transactions relating to said System, and that the holder or holders of any of such Bonds or any
duly authorized agent or agents of such holders shall have the right at all reasonable times to
inspect all such records, accounts and data relating thereto, and to inspect the System and all
properties comprising same. The City further agrees that within 60 days following the close of
each Fiscal Year it will cause an audit of such books and accounts to be made by an independent
firm of Certified Public Accountants, showing the receipts and disbursements for account of the
System for the Fiscal Year.
Each such audit, in addition to whatever other matters may be thought proper by the
Accountant, shall particularly include the following:
(a) a detailed statement of the income and expenditures of the System for such
Fiscal Year.
(b) A balance sheet as of the end of such Fiscal Year.
(c) The Accountant’s comments regarding the manner in which the City has
carried out the requirements of this Ordinance and his recommendations for any changes or
improvements in the operation, records and accounts of the System.
(d) A list of the insurance policies in force at the end of the Fiscal Year on the
System properties, setting out as to each policy the amount thereof, the risk covered, the name of
the insurer, and the policy’s expiration date.
(e) A list of the securities which have been on deposit as security for the
money in the Bond Fund throughout the Fiscal Year, a list of the securities, if any, in which the
reserve portion has been invested, and a statement of the manner in which money in the System
Fund has been secured in such Fiscal Year.
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Expenses incurred in making the audits above referred to are to be regarded as

maintenance and operating expenses and paid as such. Copies of the aforesaid annual audit shall
be furnished to the original purchasers of the Bonds and any subsequent holder upon written
request. At the close of the first six-month period of each Fiscal Year, the City Secretary is
hereby directed to furnish a copy of an operating and income statement in reasonable detail
covering such period to any bondholder upon written request therefor, received not more than 30
days after the close of said six-month period. Any Owner shall have the right to discuss with the
Accountant making the annual audit the contents thereof and to ask for such additional
information as he may reasonably require.
Section 9.08 Sale or Lease of Properties.
The City, to the extent and in the manner authorized by law, may sell or exchange for
consideration representing the fair value thereof, as determined by the City Council of the City,
any property of the System which is obsolete, damaged or worn out or otherwise unsuitable. The
proceeds of any sale of properties of the System shall be deposited in the System Fund.
Section 9.09 Satisfaction of Obligation of City.
(a) If the City shall pay or cause to be paid, or there shall otherwise be paid to
the Owners, the principal of, premium, if any, and interest on the Bonds, at the times and in the
manner stipulated in this Ordinance, then the pledge of the Revenues of the System under this
Ordinance and all other obligations of the City to the holders shall thereupon cease, terminate,
and become void and be discharged and satisfied.
(b) Bonds or any principal amount thereof shall be deemed to have been paid
within the meaning and with the effect expressed above in this Section when (i) money sufficient
to pay in full such Bonds or the principal amount thereof at maturity or to the redemption date
therefor, together with all interest due thereon, shall have been irrevocably deposited with and
held in trust by the Paying Agent/Registrar, or any authorized escrow agent, or (ii) noncallable
Government Obligations shall have been irrevocably deposited in trust with the Paying
Agent/Registrar, or an authorized escrow agent, which Government Obligations have been
certified by an independent accounting firm to mature as to principal and interest in such
amounts and at such times as will insure the availability, without reinvestment, of sufficient
money, together with any moneys deposited therewith, if any, to pay when due the principal of
and interest on such Bonds, or the principal amount(s) thereof, on and prior to the stated maturity
thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements
therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof.
The City covenants that no deposit of moneys or Government Obligations will be made under
this Section and no use made of any such deposit which would cause the Bonds to be treated as
“arbitrage bonds” within the meaning of Section 148 of the Code or regulations adopted pursuant
thereto.
(c) Any moneys so deposited with the Paying Agent/Registrar, or an

authorized escrow agent, and all income from Government Obligations held in trust by the
Paying Agent/Registrar or any authorized escrow agent, pursuant to this Section which is not
required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon
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with respect to which such moneys have been so deposited shall be remitted to the City or
deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar
for the payment of the principal of and interest on the Bonds and remaining unclaimed for a
period of four (4) years after the stated maturity, or applicable redemption date, of the Bonds
such moneys were deposited and are held in trust to pay shall, upon the request of the City, be
remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing,
any remittance of funds from the Paying Agent/Registrar to the City shall be subject to Title 6 of
the Texas Property Code.
Section 9.10 Bonds as Negotiable Instruments. Each of the Bonds shall be deemed and
construed to be an “Investment Security” and, as such, a negotiable instrument, within the
meaning of Article 8 of the Texas Uniform Commercial Code.
Section 9.11 Special Covenants.
The City further covenants and agrees by and through this Ordinance as follows:
(i) It has the lawful power to pledge the Revenues of the System to
the payment of the Bonds to the extent provided herein and has lawfully exercised
said power under the Constitution and laws of the State of Texas, including the
Act, and that the Bonds issued hereunder, together with any Additional Bonds,
shall be ratably secured in such manner that no one bond shall have preference
over any other bond of said issues.
(ii) The Revenues of the System have not been in any manner pledged
or encumbered to the payment of any debt or obligation of the City or the System,
save and except for the Bonds.
(iii) To exercise and pursue with due diligence available remedies

provided by law for the collection of delinquent drainage charges, including the
power under Section 402.050 of the Act to discontinue all utility services,
particularly water and sewer services provided by the City to a user of benefitted
property who is delinquent in the payment of drainage charges.
Section 9.12 Ordinance a Contract - Amendments.
This Ordinance shall constitute a contract with the Owners from time to time, be binding
on the City, and shall not be amended or repealed by the City while any Bond remains
Outstanding except as permitted in this Section. The City, may, without the consent of or notice
to any Owners, from time to time and at any time, amend this Ordinance in any manner not
detrimental to the interests of the Owners, to cure any ambiguity, inconsistency, or formal defect
or omission herein and to provide additional security for the payment of the Bonds. In addition,
the City may, with the written consent from the owners holding a majority in aggregate principal
amount of the Bonds then Outstanding (excluding Bonds acquired by or held for the account of
the City) affected thereby, amend, add to, or rescind any of the provisions of this Ordinance;
provided that, without the written consent of all Owners of Bonds then Outstanding, no such
amendment, addition, or rescission shall (1) extend the time or times of payment of the Bonds,
reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon,
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or in any other way modify the terms of payment of the principal of, premium, if any, or interest
on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the
aggregate principal amount of Bonds required to be held for consent to any such amendment,
addition, or rescission.
Section 9.13 Provisions Concerning Federal Income Tax Exclusion.
The City intends that the interest on the Bonds shall be excludable from gross income for
purposes of federal income taxation pursuant to Sections 103 and 141 through 150 of the Code
and the applicable regulations promulgated thereunder (the “Regulations”). The City covenants
and agrees not to take any action, or knowingly omit to take any action within its control, that if
taken or omitted, respectively, would cause the interest on the Bonds to be includable in the
gross income, as defined in Section 61 of the Code, of the holders thereof for purposes of federal
income taxation. In particular, the City covenants and agrees to comply with each requirement
of Sections 9.12 through 9.19, inclusive; provided, however, that the City shall not be required to
comply with any particular requirement of Sections 9.13 through 9.20, inclusive, if the City has
received an opinion of nationally recognized bond counsel (“Counsel’s Opinion”) that such
noncompliance will not adversely affect the exclusion from gross income for federal income tax
purposes of interest on the Bonds or if the City has received a Counsel’s Opinion to the effect
that compliance with some other requirement set forth in Sections 9.12 through 9.20 will satisfy
the applicable requirements of the Code, in which case compliance with such other requirement
specified in such Counsel’s Opinion shall constitute compliance with the corresponding
requirement specified in such Sections.
Section 9.14 No Private Use or Payment and No Private Loan Financing.
delivered, the proceeds of the Bonds will not be used in a manner that would cause the Bonds to
be “private activity bonds” within the meaning of Section 141 of the Code and the Regulations.
The City covenants and agrees that it will make such use of the proceeds of the Bonds, including
interest or other investment income derived from Bond proceeds, regulate the use of property
financed, directly or indirectly, with such proceeds, and take such other and further action as may
be required so that the Bonds will not be “private activity bonds” within the meaning of
Section 141 of the Code and the Regulations.
Section 9.15 No Federal Guaranty.
action within its control, that, if taken or omitted, respectively, would cause the Bonds to be
“federally guaranteed” within the meaning of Section 149(b) of the Code and the Regulations,
except as permitted by Section 149(b)(3) of the Code and the Regulations.
Section 9.16 Bonds are not Hedge Bonds.
action, and has not knowingly omitted and will not knowingly omit to take any action, within its
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control, that, if taken or omitted, respectively, would cause the Bonds to be “hedge bonds”
within the meaning of Section 149(g) of the Code and the Regulations.
Section 9.17 No Arbitrage Covenant.
delivered, the City will reasonably expect that the proceeds of the Bonds will not be used in a
manner that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148(a)
of the Code and the Regulations. Moreover, the City covenants and agrees that it will make such
use of the proceeds of the Bonds including interest or other investment income derived from
Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further
action as may be required so that the Bonds will not be “arbitrage bonds” within the meaning of
Section 148(a) of the Code and the Regulations.
Section 9.18 Arbitrage Rebate.
If the City does not qualify for an exception to the requirements of Section 148(f) of the
Code, the City will take all necessary steps to comply with the requirement that certain amounts
earned by the City on the investment of the “gross proceeds” of the Bonds (within the meaning
of Section 148(f)(6)(B) of the Code) be rebated to the federal government. Specifically, the City
will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be
required to calculate the amount earned on the investment of the gross proceeds of the Bonds
separately from records of amounts on deposit in the funds and accounts of the City allocable to
other bond issue of the City or moneys which do not represent gross proceeds of any bonds of
the City, (ii) calculate at such times as are required by the Regulations, the amount earned from
the investment of the gross proceeds of the Bonds which is required to be rebated to the federal
government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the
Bonds or on such other dates as may be permitted under the Regulations, all amounts required to
be rebated to the federal government. Further, the City will not indirectly pay any amount
otherwise payable to the federal government pursuant to the foregoing requirements to any
person other than the federal government by entering into any investment arrangement with
respect to the gross proceeds of the Bonds that might result in a reduction in the amount required
to be paid to the federal government because such arrangement results in a smaller profit or a
larger loss than would have resulted if the arrangement had been at arm’s length and had the
yield on the issue not been relevant to either party.
Section 9.19 Information Reporting.
The City covenants and agrees to file or cause to be filed with the Secretary of the
Treasury, not later than the 15th day of the second calendar month after the close of the calendar
quarter in which the Bonds are issued, an information statement concerning the Bonds, all under
and in accordance with Section 149(e) of the Code and the Regulations.
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Section 9.20 Continuing Obligation.
Notwithstanding any other provision of this Ordinance, the City’s obligations under the
covenants and provisions of Section 9.13 through 9.20, inclusive, shall survive the defeasance
and discharge of the Bonds.
ARTICLE X
Section 10.01 Remedies in Event of Default.
In addition to all rights and remedies provided by the laws of the State of Texas, the City
covenants and agrees particularly that in the event the City:
(a) defaults in payments to be made to the Bond Fund or the Reserve Fund as
required by this Ordinance; or
(b) defaults in the observance or performance of any other of the covenants,

conditions or obligations set forth in this Ordinance, which default materially and adversely
affects the rights of the Owners, including but not limited to their prospect or ability to be repaid
in accordance with the Ordinance, and the continuation thereof for a period of sixty days after
notice of such default is given by any Owner to the City,
the Owners of any of the Bonds shall be entitled to a writ of mandamus issued by a court of
proper jurisdiction, compelling and requiring the City and its officers to observe and perform any
covenant, condition or obligation prescribed in this Ordinance. No delay or omission to exercise
any right or power accruing upon any default shall impair any such right or power, or shall be
construed to be a waiver of any such default or acquiescence therein, and every such right and
power may be exercised from time to time and as often as may be deemed expedient.
The specific remedy herein provided shall be cumulative of all other existing remedies
and the specification of such remedy shall not be deemed to be exclusive.
ARTICLE XI
Section 11.01 Annual Reports. (a) The City shall provide annually to the MSRB, within
six (6) months after the end of each fiscal year, financial information and operating data with
respect to the City of the general type included in the final Official Statement, being the
information described in Exhibit A hereto. Any financial statements so to be provided shall be
(i) prepared in accordance with the accounting principles described in Exhibit A hereto, (ii)
audited, if the City commissions an audit of such statements and the audit is completed within
the period during which they must be provided, and (iii) submitted through EMMA, in an
electronic format with accompanying identification as described in the MSRB. If the audit of
such financial statements is not complete within such period, then the City shall provide notice
that audited financial statements are not available and shall provide unaudited financial
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56.a
statements for the applicable fiscal year to the MSRB. Thereafter, when and if audited financial
statements become available, the City shall provide such audited financial statements as required
to the MSRB.
(b) If the City changes its fiscal year, it will notify the MSRB of the change
(and of the date of the new fiscal year end) prior to the next date by which the City otherwise
would be required to provide financial information and operating data pursuant to this Section.
(c) The financial information and operating data to be provided pursuant to

this Section may be set forth in full in one or more documents or may be included by specific
reference to any document (including an official statement or other offering document, if it is
SEC.
Section 11.02 Material Event Notices. (a) The City shall notify the MSRB, in a timely
manner, of any of the following events with respect to the Bonds, if such event is material within
the meaning of the federal securities laws:

difficulties;

difficulties;
(v) substitution of credit or liquidity providers, or their failure to

perform;
(vi) adverse tax opinions or events affecting the tax exempt status of
the Bonds;
(viii) Bond calls;
(ix) defeasance;
(x) release, substitution, or sale of property securing repayment of the

Bonds; and
(b) The City shall notify the MSRB, in a timely manner, of any failure by the
City to provide financial information or operating data in accordance with Section 11.02 of this
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56.a
Section 11.03 Limitations, Disclaimers and Amendments. (a) The City shall be
obligated to observe and perform the covenants specified in this Article for so long as, but only
for so long as, the City remains an “obligated person” with respect to the Bonds within the
meaning of the Rule, except that the City in any event will give notice of any deposit made in
accordance with Article XI that causes Bonds no longer to be Outstanding.
(b) The provisions of this Article are for the sole benefit of the Owners and
beneficial owners of the Bonds, and nothing in this Article, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Article and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City’s financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Article or otherwise, except as expressly
provided herein. The City does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.

PERFORMANCE.
(c) No default by the City in observing or performing its obligations under

this Article shall comprise a breach of or default under the Ordinance for purposes of any other
(d) Nothing in this Article is intended or shall act to disclaim, waive, or

otherwise limit the duties of the City under federal and state securities laws.
(e) The provisions of this Article may be amended by the City from time to
time to adapt to changed circumstances that arise from a change in legal requirements, a change
in law, or a change in the identity, nature, status, or type of operations of the City, but only if (i)
the provisions of this Article, as so amended, would have permitted an underwriter to purchase
or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into
account any amendments or interpretations of the Rule to the date of such amendment, as well as
such changed circumstances, and (ii) either (a) the Owners of a majority in aggregate principal
such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is
unaffiliated with the City (such as nationally recognized bond counsel) determines that such
amendment will not materially impair the interests of the Owners and beneficial owners of the
Bonds. If the City so amends the provisions of this Article, it shall include with any amended
financial information or operating data next provided in accordance with Section 11.02 an
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explanation, in narrative form, of the reasons for the amendment and of the impact of any change
in the type of financial information or operating data so provided.
[Execution Page Follows]
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FINALLY ADOPTED, APPROVED AND EFFECTIVE this December __, 2009.
_________________________________________
ATTEST:
_____________________________
JANICE CARROLL
City Secretary
[SEAL]
APPROVED AS TO FORM
CHARLES ANDERSON, City Attorney

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EXHIBIT A
The following information is referred to in Article XI of this Ordinance.
1. The portions of the financial statements of the City appended to the Official
Statement as Appendix B, but for the most recently concluded fiscal year.
2. Statistical and financial data set forth in Tables numbered 1 through 4, inclusive.
described in the notes to the financial statements referred to in Paragraph 1 above.
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56.b
FY2009-2010
FALL
MUNICIPAL DRAINAGE UTILITY CIP PROGRAM
Revenue Bond Funding
$2,000,000
Revised
Project Amount
Attachment: MDU Projects (3136 : 8 Authorizing Issuance of Series 2010 MDU Bonds)
Drainage Projects
Lake Carolyn Reclamation $ 2,000,000
Drainage Total: $ 2,000,000
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57
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 2737

Recommending Department: Financial Services LSR No: 9792
Ordinance -- Amending the Irving Policy Statement on Local Economic

Development and Business Stimulation Incentives
2. Impact: This amendment will authorize the Mayor to approve corridor incentives
under $25,000.00 and create a targeted retail incentive policy designed to attract
and retain high quality retail and restaurant establishments.
3. Council requested incentives to address key development needs at their June
budget strategy session including corridor development incentives and retail
incentives.
4. Staff presented proposed revisions to the Economic Incentive Policy at the July 22,
2009 Audit and Finance Committee meeting and the August 6, 2009 Planning and
Development Committee meeting. In addition, the Chamber discussed the need for
incentives at the October 21, 2009 work session.
Targeted Retail
5. Targeted retailers and targeted locations will be designated by City Management.
6. The entity must have been in operation at least 5 years.
7. Incentive amounts will be upon sales tax.
8. A targeted retailer may qualify for a rebate up to 40% of their sales tax received by
the City. A targeted retailer locating or building in a targeted location may qualify
for a rebate of up to 60% of their sales tax received by the City of Irving. The
duration of retail incentives offered under this policy will not exceed 5 years.
Corridor Incentives
9. The Corridor Enhancement Incentive Program is created to encourage private
investment in private property at a time the adjacent corridor is receiving public
infrastructure improvements.
10.The incentives will assist businesses and commercial property owners to promote
business activity and restore and enhance their buildings and property.
11.Upon recommendation of the City Manager, the Mayor is authorized to execute an
agreement with the applicant.
12.Twice a year staff will provide the City Council with a report indicating the location,
description, amount of funding and current status of projects receiving this
incentive.
Recommendation
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ATTACHMENTS:
• Chapter 380 policy October 2009 (PDF)
• City Manager Proposed Targets (PDF)

None
Last Updated: 11/25/2009 09:30 AM by Brad Duff
-2-
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AN ORDINANCE ADOPTING AN AMENDED COMPREHENSIVE POLICY STATEMENT ON LOCA

ECONOMIC DEVELOPMENT AND BUSINESS INCENTIVES GUIDELINES AND CRITERIA; AN
PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION 1. That the City Council finds that the creation of and the adoption of a comprehensive policy o
local economic development and business stimulation incentives and guidelines for the attraction and retention
business will benefit the economic development and employment in the City of Irving.
SECTION 2. That the City Council hereby adopts the attached amended comprehensive policy statement f
local economic development and business stimulation incentives.
SECTION 3. That Ordinance No. 8838 and all ordinances and codes in conflict herewith are repealed.
SECTION 4. That the terms and provisions of this ordinance shall be deemed to be severable and that if t
validity of any section, subsection, sentence, clause, or phrase of this ordinance should be declared to be invalid, t
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 December
2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-1-
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57.a

COMREHENSIVE POLICY STATEMENT ON
LOCAL ECONOMIC DEVELOPMENT AND
BUSINESS STIMULATION INCENTIVES1
Chapter 380.001 (a) of the Texas Local Government Code states:

The governing body of a municipality may establish and provide for the administration of one or
Attachment: Chapter 380 policy October 2009 (2737 : 29 Ord Amend Economic Development Incentives)
more programs, including programs for making loans and grants of public money and providing
personnel and services of the municipality, to promote state or local economic development and
to stimulate business and commercial activity in the municipality.
I. General Purpose and Objectives
The City of Irving is committed to the promotion of high quality development and retention of its
business, commercial, and manufacturing citizens in all parts of the City, and to an ongoing
improvement in the quality of life for all of its citizens. The City of Irving has previously developed
an economic development program designed to encourage high quality business, commercial
and manufacturing concerns to locate within the corporate limits of Irving by adopting a tax
abatement program. Now the City of Irving desires to enhance the economic development
program by creating incentives designed to retain high quality jobs in retail, commercial and
manufacturing concerns. Insofar as these objectives are generally served by attraction of new as
well as retention of major corporate citizens through lowering the ad valorem tax burden on
certain inventory, by lowering the ad valorem tax burden on certain personal property, by
constructing or funding construction of certain infrastructure improvements, and by providing
sales tax rebates when certain criteria are met, the City of Irving adopts this policy which contains
incentive guidelines and criteria. Pursuant to this new facet of the City’s overall economic
development plan and program, the City of Irving will, on a case-by-case basis, give
consideration to providing economic incentives to those corporate citizens meeting the criteria
and guidelines contained in this document, as authorized by Chapter 380 of the Texas Local
Government Code, as from time to time amended. It is the policy of the City of Irving that said
consideration will be provided in accordance with the guidelines, criteria and procedures outlined
in this document. Nothing herein shall imply or suggest that the City of Irving is under any
obligation to provide economic incentives to any applicant. All applicants shall be considered on
case-by-case basis.
1
Guidelines and Criteria, Acts 1989, 71ST LEG., CH. 555, codified as chapter 380 Texas Local Government code
1
Section 380 Incentive Policy As Amended 12-3-09
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57.a
Any incentives granted under this policy will be net of a required economic development
contribution to the Irving Chamber of Commerce. The level of contribution will be evaluated on a case
by case basis.
Any incentives granted under this policy will require the undergrounding of all utilities on new
development.
A. Criteria *
Any request for incentives shall be reviewed by the City Council. Its determination shall be based upon
an evaluation of the specific criteria and any other relevant information and material, which each
applicant will be requested to address in narrative format. In responding to the following questions, the
applicant should indicate the appropriate time frames in which the proposed events and/or resulting
impacts will occur, where applicable. Additionally, it is understood the responses to these questions
will be, out of necessity, estimates only. The applicant should endeavor to provide the most accurate
estimates possible based upon available information. The applicant may be requested by the City to
describe the methodologies utilized to respond to the questions and to supply supporting
documentation.
1. Proposed Improvements, If Any

Identify and describe the kind, number and location of all proposed improvements to the property to be
or being inhabited by the applicant and discuss the development schedule of the proposed
improvements. What infrastructure construction will be required to serve the proposed project and what
is the cost of said construction?
2. Fiscal Impact
How munch real and personal property value will be added to the tax rolls, excluding those goods that
qualify as Freeport Goods as that term is defined in Article VIII, Section 1-j of the Texas Constitution?
What will be the payroll of the employees located in the structure within the City of Irving? How much
direct sales tax will be generated, if any? How will the retention of the applicant’s business affect
existing businesses and/or other facilities in the City of Irving? What will be the additional cost, if any,
to the City of Irving to provide municipal services to the applicant’s business?
3. Community Impact
What will be the impact on the City of Irving? The criteria outlined in this Section will be used by the
City Council to determine whether or not it is in the best interest of the City of Irving to recommend that
incentives be offered to a particular applicant. Specific considerations will include the degree to which
the individual project furthers the goals and objectives of the community, as well as the relative impact
of the project on the community.
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57.a
B. Procedural Guidelines *
Any person, partnership, organization, corporation or other entity meeting the minimum eligibility
requirements outlined above desiring that the City of Irving consider providing incentives to encourage
the location of operations or to retain operations within the city limits of Irving shall be required to
comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest
that Irving is under any obligation to provide incentive in any amount or value to any applicant.
1. Preliminary Application Steps

a. Applicant shall submit an “Application for Incentives” and pay a filing fee of $1,500, to cover
publication, notice cost and staff time to review and process.
b. Applicant shall address all criteria questions outlined above in letter format.
c. Applicant shall indicate how it will comply with the minimum eligibility requirements set forth in
the applicable section.
d. Complete legal description shall be provided of the location of the structure.
e. Applicant shall complete all forms and information detailed in “criteria” above and submit them to
the City Manager, City of Irving, 825 W. Irving Boulevard, Irving, Texas 75060.
2. Application Review Steps
a. All information in the application package detailed above will be reviewed for completeness and
accuracy. Additional information may be requested as needed.
b. The application will be distributed to the appropriate City departments for internal review and
comment. Additional information may be requested as needed.
c. Copies of the complete application package and staff comments may be provided to the City
Council.
3. Consideration of the Application
a. The City Council will consider the application at meetings conducted pursuant to the Open
Meetings Act to determine if applicant meets the criteria and spirit of the economic development
and retention program. Additional information may be requested as needed.
b. The City council may consider adoption of a resolution which approves the terms and conditions
of an agreement between the City and the applicant, and governs the provision of the incentive.
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57.a
II. Inventory Incentives

The purpose of this section is to provide full or partial relief from city ad valorem tax paid on
Freeport Goods, as that term is defined in Article VIII, Section 1-j of the Texas Constitution,
under certain circumstances and conditions.
A. Guidelines
1. New Construction in Defined Areas of the City

a. The owner/developer of a new structure within Defined Area “SW” or “AP”,
described below, may apply to have the new structure qualified as “Rebate
Eligible” by meeting the minimum requirements outlined below.
i. Defined Area “SW” – an area south of a line beginning at the east city
limits following Grauwyler Road west to its end, then west along Pioneer
Road to Beltline Road, then north along Beltline Road to State Highway
183, then west along SH 183 to the west City limits.
ii. Defined Area “AP” – an area west of Beltline Road and north of
Emergency Road.
b. The structure or structures within a planned development, used for commercial,
office, office/warehouse or manufacturing purposes must be at least 100,000
square feet in size.
c. If the above criteria have been met by owner/developer applicant, the City
Council may approve a contract with the applicant designating the structure(s) as
“Rebate Eligible”. If the building is located in Defined Area AP, further approval
by the City Councils of the City of Dallas and the City of Fort Worth will be
required. The Economic Development Division of the Greater Irving Las Colinas
Chamber of Commerce will seek the approval of these other cities. Once a
building is designated as “Rebate Eligible”, the Mayor of the City of Irving will be
authorized to sign agreements with tenants without further City Council action.
d. A tenant, prior to leasing space in a structure designated by the City Council as
“Rebate Eligible”, may apply for and the City may enter an incentive agreement
with such tenant, granting a tax rebate in an amount equal to the tax that tenant
pays each year to the City of Irving on personal property inventory that is defined
as Freeport Goods pursuant to Article VIII, Section 1-j of the Texas Constitution.
i. The tenant must occupy at least 50,000 square feet of space within the
structure.
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57.a
ii. The tenant must have at least ten (10) jobs housed in the structure.
iii. The tenant must have a minimum lease term of five (5) years.
iv. The term of the incentive agreement under this section will be the length
of the lease, automatically extended when lease options are exercised, up
to a maximum term of ten (10) years. Tenants are eligible to apply to the
City for additional extensions which will require approval of the City
Council.
v. The tenant must submit a fee of $250 with the application to the City of
Irving.
2. New or Existing Construction in Other Areas of the City
a. The applicant must meet all of the following minimum threshold eligibility
requirements to qualify for any incentive under this section.
i. Minimum $10,000,000 Inventory value of Freeport Goods as that term is
defined in Article VIII, Section 1-j of the Texas Constitution.
ii. Have a new or renewal lease for at least a ten (10) year term for a
structure located in the City of Irving and outside Defined Area “SW” or
“AP”.
iii. Structure must be used for commercial, office, office/warehouse or
manufacturing purposes and must be at least two hundred fifty thousand
(250,000) square feet in size.
iv. At least two hundred fifty (250) employees must be employed in the
structure.
b. The City, upon approval by the City Council, may enter into an incentive
agreement with an applicant meeting the above listed criteria, providing for a tax
rebate of an amount equal to the tax that applicant pays each year to the City of
Irving on personal property inventory that is defined as Freeport Goods pursuant
to Article VIII, Section 1-j of the Texas Constitution.
c. The term of the incentive agreement under this section will be ten (10) years.
Applicant will be eligible to apply to the City for additional terms requiring City
Council approval.
3. Existing Construction in Defined Areas of the City
a. The applicant must meet all of the following minimum threshold requirements to
qualify for an incentive under this section.
i. Structure must be located within Defined Area “SW” or “AP”.
ii. Must be occupying an existing structure as owner/tenant or entering into a
new lease with a minimum term of five (5) years on an existing structure.
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57.a
iii. Structure must be used for commercial, office, office/warehouse or

manufacturing purposes and must be at least one hundred thousand
(100,000) square feet in size.
iv. The tenant must occupy at least 50,000 square feet of space within the
structure.
v. The tenant must have at least ten (10) jobs housed in the structure.
vi. The term of the incentive agreement under this section will be the length
of the lease, automatically extended when lease options are exercised, up
to a maximum term of ten (10) years. Tenants are eligible to apply to the
City for additional extensions which will require approval of the City
Council.
b. The City, upon approval by the City Council, may enter into an incentive
agreement with an applicant meeting the above listed criteria, providing for a tax
rebate of an amount equal to seventy-five percent (75%) of the tax that applicant
pays each year to the City of Irving on personal property inventory that is defined
as Freeport Goods pursuant to Article VIII, Section 1-j of the Texas Constitution.
B. Certification by Owner
1. During the term of such incentive agreements, the Owner of Freeport Goods shall, as a
condition precedent to receiving the economic incentive, submit a statement annually on
or before February 1, immediately following the calendar year end, providing:
a. The applicable percentage of applicant’s taxable business personal property in
the City that represents the assessed value of the Freeport Goods on January 1
of the applicable year.
b. The square footage occupied during the preceding tax year.
c. The number of employees employed within the facility during the preceding tax
year; and
d. The number of years remaining on the lease.
2. The City shall have the right if it deems necessary to examine the Owner’s appropriate
books and records to verify the information provided in the Owner’s statement.
3. Should an applicant’s business activities within the City at any time fail to meet the
eligibility requirements above, then any agreement shall be canceled and of no further
force or effect.
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57.a
III. Grant of Economic Equivalent of Tax Abatement for Real Property Improvements
with Multiple Ownership
The City Council may authorize a grant of an economic equivalent of an abatement of real property ad
valorem tax under certain circumstances as long as funds for awarding the grant are derived from any
source lawfully available to the City of Irving under its Charter or other law other than from the proceeds
of bonds payable from ad valorem taxes.
A. Guidelines
MINIMUM ELIGIBILITY REQUIREMENTS

1. To be eligible for a grant of an economic equivalent of an abatement of ad valorem taxes under this
section, the applicant must first have made application to the City of Irving for a tax abatement
agreement pursuant to the guidelines and policy adopted by the City of Irving relative to tax abatements
and have qualified for consideration of a five or ten-year tax abatement.
2. After following and complying with all statutory and other requirements and after the required
determinations are made that a grant of an economic equivalent of an abatement of ad valorem tax
incentive agreement should be entered into with the applicant, the value and term will be determined
within the followed guidelines and an agreement presented to the City Council for consideration:
B. Criteria
1. In addition to meeting the above eligibility requirements, the applicant must:

a. Expand or make real property improvements to facilities already existing in Irving.
b. Add real property improvements with a taxable value in excess of $10,000,000
2. If the taxable value of the property falls below the minimum taxable amount as established in the
grant incentive agreement, no grant shall be allowed for that year.
3. The maximum amount of the annual Chapter 380 grant under this section shall not exceed the
amount that would have been provided under Chapter 312.
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57.a
C. Certification by Owner
1. During the term of the grant incentive agreement, the Property Owners Association shall, as a
condition precedent to receiving the grant, submit a statement annually on or before January 31,
immediately following the calendar year end providing:
a. Any criteria required to be certified by the agreement.
2. Should an applicant’s business activities within the City at any time fail to meet the eligibility
requirements in the grant incentive agreement, then there shall be no grant in that year or any
subsequent year until the eligibility requirements are again satisfied.
4. Should the City determine that the association or owners’ have breached any of the terms of
the approved grant incentive agreement, the association shall become liable for repayment of
grant funds according to the terms outlined in the grant incentive agreement.
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57.a
IV. Grant of an Economic Equivalent of an Abatement of Real and Personal Property

Taxes Following Ten Year Tax Abatement Period
The City Council may authorize a grant of an economic equivalent of an abatement of real and/or
personal property ad valorem taxes in conjunction with or subsequent to an approved ten-year tax
abatement under certain circumstances as long as funds for awarding the grant are derived from any
source lawfully available to the City of Irving under its Charter or other law other than from the proceeds
of bonds payable from ad valorem taxes.
A. Guidelines

1. To be eligible for a grant of an economic equivalent of an abatement of ad valorem taxes under this
section, the applicant must first have made application to the City of Irving for a tax abatement
agreement pursuant to the guidelines and policy adopted by the City of Irving relative to tax abatements
and have qualified for consideration of a ten-year tax abatement.
determinations are made that a grant of an economic equivalent of an abatement of ad valorem tax
incentive agreement should be entered into with the applicant, the value and term will be determined
within the followed guidelines and an agreement presented to the City Council for consideration:
B. Criteria
1. In addition to meeting the above eligibility requirements, the applicant must:

a. Expand facilities already existing in Irving or relocate from outside of Irving
b. Add real property improvements and taxable business personal property with a taxable
value in excess of $50,000,000
c. Increase employment within the City by at least 700 jobs
2. If the taxable value of the property or employment level falls below the minimum taxable amount as
established in the tax abatement agreement or other grant incentive agreement, no grant shall be
allowed for that year.
3. The maximum amount of the annual Chapter 380 grant under this section shall not exceed the
amount that would have been provided under Chapter 312.
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57.a
1. During the term of the grant incentive agreement, the Owner shall, as a condition precedent
to receiving the grant, submit a statement annually on or before January 31, immediately
following the calendar year end providing:
a. The number of employees employed within the structure on January 1 of the current
year.
b. The average annual salary of the employees employed within the structure on
January 1 of the current year.
c. Any other criteria required to be certified by the agreement.
2. The City shall have the right if it deems necessary to examine the Owner’s appropriate books
and records to verify the information provided by Owner’s statement.
requirements in the grant incentive agreement, then there shall be no grant in that year or any
subsequent year until the eligibility requirements are again satisfied.
4. Should the City determine that the applicant has breached any of the terms of the approved
tax abatement agreement or grant incentive agreement, the applicant shall become liable for
repayment of grant funds according to the terms outlined in the grant incentive agreement.
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57.a
V. Infrastructure Improvement Policy for Major Corporate

Development and Mall Construction
The City Council may authorize the expenditure of City funds for the purpose of constructing public
streets, roads, drainage facilities, water and sewer lines, and other City infrastructure if the corporation
or private entity relocating or mall construction applicant meets the following guidelines and criteria.
A. Guidelines
To be eligible for consideration for City construction or funding for construction of public streets, roads,
drainage facilities, water and sewer lines, the applicant/owner of the property which abuts the subject
infrastructure, must agree to construct an office building of at least 300,000 square feet of office space
or construct a shopping mall of at least 550,000 square feet of space.
Under certain circumstances the City Council may, at its option, consider funding through
reimbursement to the applicant, construction of particular public infrastructure in situations that would
not otherwise qualify under the minimum eligibility requirements. Such applications will be considered
on a case-by-case basis by the City Council. In such cases, the guidelines, criteria, and certifications
outlined in this section will apply except when specifically contradicted in the agreement approved by
the City Council. In such cases, the owner/applicant will be required to demonstrate the ability and
intent to construct an office building or buildings of at least 300,000 square feet of office space or a
retail shopping center of at least 550,000 square feet of space.
B. Criteria
1. Owner/applicant shall agree through a binding contract with City that it will construct a new office
building of not less than 300,000 square feet or construct a shopping mall containing at least 550,000
square feet of space.
2. The City’s obligation to begin construction or fund construction shall not occur until such time as the
letter of credit has been deposited with City, and owner/applicant has received a building permit for the
construction of the office building or mall. Further, the City’s obligations shall not occur if City does not
have funds on hand to complete construction in the year the contract is executed or declines to create
and levy a principal and interest fund as required under Art. 11, Section 7 of the Texas Constitution.
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1. During the term of such agreement, the Owner shall, as a condition precedent to receiving the
economic incentive, submit a statement annually on or before February 1, immediately following the
calendar year end, providing:
a. certification of average annual occupancy rate;
b. The square footage of the structure during the preceding tax year;
2. The City shall have the right if it deems necessary to examine the Owner’s appropriate books and
records to verify the information provided by Owner’s statement.
requirements of these guidelines and policies and not cured as provided by the agreement, then
any agreement shall be canceled and of no further force or effect and the irrevocable letter of credit
shall be forfeited at that time, in accordance with the terms of the agreement.
D. Conflicting Codes and Ordinances
Notwithstanding any code or ordinance to the contrary, this policy shall preempt any such code or
ordinance that is contrary to the policy set forth in this Section.
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VI. Policy for Retail Economic Development Incentive Rebates
City Council may authorize an economic development incentive rebate for retail development and
reconstruction, if the applicant meets the following guidelines and criteria. Any request for incentives
shall be reviewed by the City Council. Its determination shall be based upon an evaluation of the
following criteria and any other relevant information and material, which each applicant will be
requested to address in narrative format. In responding to the following questions, the applicant should
indicate the appropriate time frames in which the proposed events and/or resulting impacts will occur,
where applicable. Additionally, it is understood the responses to these questions will be, out of
necessity, estimates only. The applicant should endeavor to provide the most accurate estimates
possible based upon available information. The applicant may be requested by the City to describe the
methodologies utilized to respond to the questions and to supply supporting documentation.
A. Guidelines
After following and complying with all statutory and other requirements and after a determination is
made that an incentive agreement should be entered into with the applicant, the value and term will be
determined by the following guidelines.
MINIMUM ELIGIBILITY REQUIREMENTS (An applicant may qualify under either Section 1. or 2)
Section 1. To be eligible for a tax refund or rebate under this Section, the applicant first must have
made application to the City of Irving for a retail tax rebate agreement pursuant to the guidelines and
policy adopted by the City of Irving relative to tax rebates.
a. Real property improvements (excluding land value) within the project shall have a certified
construction value of not less than $13,000,000.
b. New construction or renovation of existing retail space shall be a minimum of 100,000 square
feet of gross leasable retail space.
c. Rebates for retail stores relocating from within the City of Irving to the new or renovated project
will be calculated based only on the incremental increase in collections of City sales tax at the
new location over the prior location.
d. “Retail” includes the selling of goods to ultimate consumers especially for personal or household
consumption.
e. The maximum amount to be rebated by the City for any project shall not exceed $5,000,000
over the term of the agreement.
f. Certification of sales tax remitted to the State of Texas is required.
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g. The taxable assessed valuation of real property improvements in each year that a rebate is
granted shall be an amount of not less than 90% of the estimated taxable assessed valuation at
the time of application.
h. An average annual occupancy rate of 85% based on gross leasable square footage shall be
maintained in each year a rebate is granted.
i. Project construction will be completed no later than twenty-four months after City Council
approval of the rebate agreement. Project completion is measured by the availability of the
retail space for occupancy. Certification as to project completion is required no later than 25
months after approval of the agreement. Failure to provide certification within the specified time
frame will cause the agreement to become void.
j. The minimum occupancy rate must be reached no later than thirty-six months after the approval
of the rebate agreement. Certification of initial minimum occupancy is required no later than 37
months following approval of the agreement. Failure to provide accurate certification within the
specified time frame will void the agreement on a year-to-year basis.
k. Rebate shall cease if project shall file for bankruptcy during the term of the agreement.
l. Rebate agreement may not be assigned to a new Owner upon sale of the project without City
Council approval.
m. Retail does not include hotels/motels, self-storage facilities, gasoline service stations, fast food
restaurants, or convenience food stores.
n. Retail projects are not eligible for tax abatement under the current City policy. In the event retail
projects ever become eligible for tax abatement by the City, no project would be eligible to
receive both tax abatement and economic development incentive rebate.
o. Owner must provide annual certifications required to the City no later than January 31 of each
year of the rebate period.
p. Sale of portions of the project (i.e., pad sites, anchor sites) without transfer of rebate agreement
requires the new Owner to agree to provide certification of sales tax. If agreement cannot be
obtained, the value and square footage of the sold portion will not be included in future
calculations of minimum criteria or rebate amount.
q. The rebate calculation period shall commence on January 1 of the year following certification of
completion of the project. Annual calculation periods will be January 1 to December 31 of each
year. Rebates will be paid by March 31 if accurate information and certifications are received on
a timely basis.
r. All references to sales tax refer to the one- percent City sales tax in affect as of October 1, 1996
(including any changes approved by the State to the code regarding taxability of certain items).
However, this policy does not refer to any future increase in the City sales tax rate or any new
City sales tax implemented for any specific purposes.
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Section 2. To be eligible for a tax refund or rebate under this Section, the applicant first must have
made application to the City of Irving for a sales tax rebate agreement pursuant to the guidelines and
policy adopted by the City of Irving relative to tax rebates.
a. The applicant must own or lease a maximum of 50,000 square feet of office space in the City
consolidating taxable sales to the applicant’s affiliates and/or subsidiaries at that location.
b. The taxable sales must generate new city sales tax remitted to the State of Texas by the
applicant and accruing to the City of Irving of at least $500,000 annually.
c. Certification of sales tax remitted to the State of Texas is required.
d. A twelve month period following approval of an agreement for sales tax rebate will be allowed
for the applicant to reach the minimum required generation of sales tax.
e. Rebate shall cease if the applicant files for bankruptcy during the term of the agreement.
f. Rebate agreement may not be assigned to a new owner without prior approval of the Irving City
Council.
g. All references to sales tax refer to the one-percent City sales tax in affect as of January 1, 2004
(including any changes approved by the State to the code regarding taxability of certain item).
However, this policy does not refer to any future increase in the City sales tax rate or any new
City sales tax implemented for any specific purpose.
h. The agreement shall include specific terms regarding a penalty to be paid by the applicant in the
event of early termination.
Failure to meet any one or more of the criteria in Section 1. or Section 2. above terminates the
obligation of the City of Irving to rebate any sales tax.
B. Criteria
If the above criteria have been met by applicant, City Council may approve a contract with the applicant
granting a tax rebate up to an amount equal to the tax that is calculated according to the following
formula.
QUALIFIED UNDER SECTION 1

1. Rebate shall be calculated based on the incremental increase in City sales tax produced by the
project and actually received by the City. The maximum amount to be rebated the first year shall not
exceed the remaining sales tax collected after the amount to be retained by the City as shown in the
table below. If the City’s costs related to the project are estimated to exceed the stated minimum, the
amount retained by the City may be increased.
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Minimum Taxable Minimum Total Minimum Sales Minimum Sales Tax

Assessed Valuation of Square Footage Tax per SF per SF Retained by
Real Property of Facility Retained by City City When the
Improvements Agreement is with a
Governmental
Agency
$13,000,000 100,000 $1.50 $1.75
$34,000,000 400,000 $0.50 $0.90
$64,000,000 750,000 $0.35 $0.60
2. Amount to be retained by City shall be calculated based on the square footage of project regardless
of occupancy rate.
3. For projects located south of Northgate Drive, the minimum sales tax per square foot retained by
the City shall be reduced by $.15.
QUALIFIED UNDER SECTION 2

1. Rebate shall be calculated based on the incremental increase in City sales tax produced by the
applicant and actually received by the City and may be no more than 75%.
2. Rebates may be paid on a monthly, quarterly, or annual basis.
(Under Section 1)
1. Initial Certification:
a. Certification as to project completion is required no later than twenty-five (25) months after
approval of the agreement. Failure to provide certification within the specified time frame will
cause the agreement to become void; and
b. Certification of initial minimum occupancy is required no later than thirty-seven (37) months
following approval of agreement. Failure to provide accurate certification within the specified
time frame will void the agreement on a year-to-year basis.
2. Annual Certification:
a. Certification of sales tax remitted to the State of Texas.
b. During the term of such agreement, the Owner shall, as a condition precedent to receiving the
economic incentive rebate, submit to the City of Irving a Waiver of Sales Tax Confidentiality in
the form attached to this policy from each retail occupant on the premises; and
c. A statement annually on or before January 31, immediately following the calendar year end,
providing certification of average annual occupancy rate.
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3. The City shall have the right if it deems necessary to examine the Owner’s appropriate books and
records to verify the information provided by Owner’s statement which books and records shall be
made available during normal business hours Monday through Friday of a week designated by the
City of Irving representative.
requirements the agreement shall be canceled and of no further force or effect.
(Under Section 2)
1. During the term of the agreement, the applicant shall, as a condition precedent to receiving the
economic incentive rebate, submit to the City of Irving a Waiver of Sales Tax Confidentiality in the
form attached to this policy, and
requirements the agreement shall be canceled and of no further force or effect.
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D. Targeted Retail Incentive

The purpose of this incentive is to attract and retain high quality retail, including restaurants, to
the City of Irving and assist them establish or maintain a market presence.
To be considered, a retail entity must be a retailer that has been successfully in business for at
least five years, and must meet at least one of the following criteria;
a. Be a Targeted Retailer as designated by the City Management; or
b. Be opening, or significantly expanding, a retail store in a Target Location as

designated by the City Management.
Definitions:
a. Targeted Retailer. This is a retail business that has been determined to provide
needed products and/or services for residents or businesses and for which there is a
limited offering within the City.
b. Targeted Location. A location within the City that has been identified by the City
Management as a key area of the city for development or redevelopment. This may
be a designated area, corridor or other means as the City Council deems
appropriate.
Incentives under this program shall be an amount determined using a percentage of the sales
tax collected by the business and received by the City of Irving. The retail business must
complete an application for consideration under this incentive program. The application process
may require the submission of a business plan. If a business plan is required, the business plan
must include documentation as to how this incentive shall make the retail business more viable
and/or beneficial to Irving residents and Irving businesses.
1. A Targeted Retailer may qualify to receive an incentive equivalent to a certain

percentage of their sales taxes received by the City up to 40%.
2. A Targeted Retailer in a Target Location may qualify to receive a bonus incentive as a

percentage of their sales taxes received by the City, not to exceed 60% in total.
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3. Retail incentives shall be for a designated period of time as determined by City

Management and approved by the City Council, but not to exceed five (5) years.
4. A minimum amount of a Targeted Retailer’s sales taxes that must be received by the
City of Irving to be eligible to participate will be determined on a case-by-case basis.
5. A “claw-back” provision shall be included in the agreement if the Targeted Retailer does
not remain fully operational for the time period of the agreement and/or comply with the
provisions of the incentive agreement.
This incentive program may require the Targeted Retailer to submit proprietary information. The
City of Irving agrees to protect from public disclosure, to the fullest extent of the law, any
proprietary information that is included in the business plan, or may be required for the
implementation of this incentive, if the document is appropriately marked by the applicant.
All incentives are subject to the approval of the City of Irving’s City Council and may require
certain information be provided to the City by the Targeted Retailer and a demonstration of
support of Irving’s economic development efforts.
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VII. Small Business Expansion Incentive Program
Financial incentives may be available to commercial citizens expanding their operations in Irving if they
meet the guidelines and criteria set out in this section. These incentives are intended to provide a
positive cash-flow for expanding business entities by minimizing the amount of out-of-pocket for the first
year of increased city property tax associated with that expansion. As an additional incentive, the usual
application fee is waived under this Section of the policy.
A. Guidelines

1. To be eligible for a grant of under this section, the applicant must first have made application to the
City of Irving for an incentive pursuant to the guidelines and policy adopted by the City Council.
determinations are made that a grant could be awarded to the applicant under this section of the policy,
the value will be determined within the following guidelines and the applicant will be notified of the
amount of the grant, if any:
B. Criteria
In addition to meeting the above eligibility requirements, the applicant must:

1. Expand or make real property improvements to facilities already existing in Irving.
2. Have a real property improvement taxable assessed value of less than $5 million prior to
expansion.
3. Invest at least one hundred thousand dollars ($100,000), but less than one million dollars
($1,000,000) in the improvements.
4. Have been located in and doing business in the City of Irving for at least five (5) years.
5. Paid ad valorem taxes to the City of Irving for at least five (5) years.
6. Not be currently delinquent, and not have been delinquent within the most recent two years,
in payment of ad valorem taxes due to the city.
7. Employ at least five (5) and no more than one hundred (100) employees in the City at the
time of application.
8. Have no outstanding code enforcement violations or any history of repeated violations within
the most recent two (2) year period.
9. Not have received a Small Business Expansion Incentive Program grant from the city within
the last five (5) years.
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C. Incentive
An application for incentive under this section of the policy will be reviewed by at least one designated
employee of the Economic Development Division of the Greater Irving Las Colinas Chamber of
Commerce and at least one designated employee of the City of Irving. All applications will be
considered on a case-by-case basis. Once a determination has been made that all criteria have been
met and that a financial incentive should be recommended, the proposed Small Business Expansion
Incentive shall be calculated as follows:
1. Thirty percent (30%) of the city ad valorem taxes that would be assessed on the
expansion or improvements in the first year following the investment, plus
2. An additional percentage of the city ad valorem taxes that would be assessed on the
expansion or improvements in the first year following the investment, based on one-half
of the percentage increase in the taxable value of the property due to the expansion or
investment, plus
expansion or improvements in the first year following the investment, based on one-
quarter of the percentage increase in number of employees employed by the applicant
coincident with the expansion or investment, plus
expansion or improvements in the first year following the investment, based on the
longevity of the business in Irving. Each year of longevity will represent one point and
each four points of longevity will equate to one percentage point, plus
5. An additional fifteen percent (15%) of the city ad valorem taxes that would be
assessed on the expansion or improvements in the first year following the investment, if
the business is located and expanding or investing in South Irving (generally defined as
south of Northgate Drive or its equivalent) or other targeted markets as might be defined
in the future by the City Council.
The total grant may not exceed eighty percent (80%) of the first year of city ad valorem taxes that would
be assessed on the expansion or investment amount with a minimum grant of $500. As an example of
the grant calculation, assume a business that has been located in South Irving for forty years, has ten
(10) full time employees and a current taxable value of property of four million dollars ($4,000,000),
applies for a Small Business Expansion Investment Incentive with a proposed investment of five
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hundred thousand dollars ($500,000) and an increase of two (2) full time employees. The grant would
be calculated as follows:
1. Initial percentage of taxes 30.00%
2. Percentage based on increase in taxable value ($500,000 / $4,000,000 * ½) 6.25%
3. Percentage based on increased employment (2 / 10 * ¼) 5.00%
4. Percentage based on longevity in Irving (40 / 4) 10.00%
5. South Irving Premium 15.00%
Total Percentage of first year taxes 66.25%
Total first year city ad valorem tax assessed on expansion or investment

assuming the city tax rate at the time of adoption of this policy $2,739.50
($500,000 * .5479)
Total incentive available based on example ($2,739.50 * 66.25%) $1,814.92
D. Payment of Grant
After receiving a recommendation from the designated staff members of the Chamber and the
City, the Mayor will be authorized to execute an agreement with the applicant by approval of this
policy by the City Council. Upon completion of the expansion or investment, as stated in the
application, the business will be required to certify same along with the number of employees
added due to the expansion. The city will issue a check to the applicant for the appropriate grant
amount during the December immediately following initial assessment of ad valorem taxes on the
improvements. If the applicant fails to pay the total ad valorem tax assessed that year on its
property, at the location of the improvement, the applicant will be required to refund the grant
amount to the City plus interest accrued at the same rate as interest accrues on the delinquent
tax.
E. Corridor Enhancement Incentive Program

The Corridor Enhancement Incentive program is created to encourage private investment in
private property at a time the adjacent corridor is receiving public infrastructure improvements.
The program will assist business and commercial property owners to promote business activity
and restore and enhance their buildings and property by improving building appearance and
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57.a
bringing signs, parking, landscaping, dumpsters and other site features into compliance with
current codes.
The program is a matching grant program to encourage renovation and rehabilitation of existing
building sites in the City’s corridors. Upon recommendation of the City Manager, the Mayor is
authorized to execute an agreement with the applicant who meets the eligibility criteria. All
applications will be considered on a case-by-case basis and subject to available funds.
Eligible Businesses
• Owners or tenants of buildings conducting a for-profit business visible from a corridor

roadway.
• Use of building must conform to current zoning. Non-conforming uses are not eligible.
• Owner of vacant buildings are eligible if the purpose is to rehabilitate the structure to
attract a new eligible business. Expenses will be reimbursed in such a case only after an
eligible business occupies the space and opens to the public.
• Applicant shall not be in arrears in taxes or have any debt owed to City.
Eligible Expenses:
• Architectural renovations to the building façade visible from the public right of way
• Improvements to allow signs, parking, dumpsters, landscaping and other property
conditions to meet or exceed current codes
• Undergrounding of utility service
Procedures
• Eligibility of up to $25,000 will be based on following criteria:
o Improvement of the appearance of the site as a whole,
o Leveraging of public improvements and other economic incentives,
o Creation or sustain jobs of living wage
o Reduction of crime
o Provision of targeted retail or services not currently provided in neighborhood
o Project will lead to positive return on investment
o Meeting objectives of corridor enhancement program
• Applicant is responsible for all building permits and inspection processes
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57.a
• Reimbursement payment will be after completion of the project and occupancy of the
building by eligible business
• Project should be completed within 90 days of grant approval.
• Applicant agrees to maintain all improvements for at least 5 years
Reporting
• Not less than twice annually, staff will provide the City Council with a report indicating the
location and description of projects funded under this Section E, the amount of funding
and the status of the project.
VIII. Other Incentives As May Be Approved By the

City Council From Time To Time
Each and every economic development situation is different and presents unique opportunities
for the City to craft incentives that are beneficial both to the City and to the developer. This
policy is intended to represent a set of somewhat flexible guidelines for granting economic
development incentives. The City Council alone may consider and authorize incentive
agreements from time to time that are not specifically outlined in Sections II through VI. The
agreements will be for incentives similar in nature to the incentives detailed in this policy. The
guidelines and criteria outlined in the individual agreements will be of the character of other
incentive agreements approved by the City Council and will be in the spirit of the types of
specific criteria outlined in the Policy.
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City Manager’s Proposed Targeted Retail and Targeted Areas
December 3, 2009
Attachment: City Manager Proposed Targets (2737 : 29 Ord Amend Economic Development Incentives)
Targeted Retail
1. Hobby/ Craft Stores
Targeted Locations
1. Hwy. 161 corridor

2. Hwy. 183 corridor (including Irving Mall)
3. Irving Boulevard
4. Selected retail in Urban Center (unmet niches)
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 2981

Recommending Department: Planning & Inspections LSR No: 9454, 9455;
10142 thru 10144
Ordinance -- Amending Chapter 8 of the City of Irving Code of Civil and

Criminal Ordinances and Land Development Code of Ordinances including
Adoption of 2006/2008 Editions of the Construction Codes and Regional
and Local Amendments
No. 3: Economic Development, Goal No. 4: Safe and Secure City, No. 8: Sound
Governance, and No. 10: Sustainable Community.
I.S.O. (insurance) rating. Included is a permit fee increase indexed to the rate of
inflation from the date of the last increase. Updated codes promote public health,
building safety, and the general welfare of the residents, visitors and businesses of
Irving.
3. Changes to Chapter 8 include:
• 2006 International Building Code
• 2006 International Residential Code
• 2006 International Mechanical Code
• 2006 International Plumbing Code
• 2006 International Energy Conservation Code
• 2006 International Fuel Gas Code
• 2008 National Electrical Code
• Manufactured Home Community set-backs
• Indexing of fees to increase department cost recovery
4. In October 2, 2008, City Council re-adopted and amended the 2003 International
Codes and 2005 National Electrical Code as part of the Chapter 8 re-writes.
2009.
7. The Construction Board reviewed the proposed codes and amendments on August
27, 2009 and recommends their adoption to the City Council.
Recommendation
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Contract Required: No. Review Completed By: Jennifer Richie, Senior
Assistant City Attorney
Previous Action: October 2, 2008 Council Action: Approved Ord. No. 2008-9000
.
ATTACHMENTS:
• B. IBC Changes to the Codes (PDF)
• A. Ordinance - Chapter 8 - 2006 Building Codes (PDF)

NONE
Prepared: 9/30/2009 05:21 PM by Rachel Garza
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AN ORDINANCE AMENDING ARTICLE I “IN GENERAL” OF CHAPTER 8 OF THE CODE OF

CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY ADDING
DEFINITIONS; AMENDING ARTICLE II “BUILDING CODES” OF CHAPTER 8 OF THE
DEVELOPMENT STANDARDS AND CONSTRUCTION CODES OF THE CITY OF IRVING,
TEXAS, BY ADOPTING AND AMENDING THE 2006 INTERNATIONAL BUILDING CODE,
2006 INTERNATIONAL RESIDENTIAL CODE, 2006 INTERNATIONAL ENERGY
CONSERVATION CODE, 2006 INTERNATIONAL PLUMBING CODE, 2006 INTERNATIONAL
FUEL GAS CODE, 2006 INTERNATIONAL MECHANICAL CODE, AND 2008 NATIONAL
ELECTRICAL CODE; AMENDING ARTICLE IV “LICENSE, CERTIFICATE OF OCCUPANCY,
AND PERMIT” OF CHAPTER 8 OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF
THE CITY OF IRVING, TEXAS, BY ADOPTING MANUFACTURED HOME SETBACKS;
PROVIDING FOR SEVERABILITY, SAVINGS, PENALTY, AND AN EFFECTIVE DATE.
SECTION 1. That Section 8-4 “Definitions” of Chapter 8 of The Code of Civil and Criminal
Ordinances of the City of Irving, Texas, is hereby amended to read as follows:
Alteration. Any change, addition, or modification in construction; or replacing, adding, modifying,

removing, or exchanging manufactured homes, recreational vehicles, or other structures, moving in a
new or additional manufactured home, recreational vehicle, or other structure, changing or adding
manufactured home community or recreational vehicle community plot or lot lines, and changing
manufactured home community or recreational vehicle community property lines.
Back end. The end of a manufactured home or recreational vehicle which is the opposite end from
the front end of the unit.
Back side. The side of the manufactured home or recreational vehicle which is the opposite side
from the front side of the unit.
Front end. The end of a manufactured home or recreational vehicle where the tongue would be
attached or where the headlights are.
Front side. The side of the manufactured home or recreational vehicle where the front door is
located or left side when facing the tongue or headlights.
Installation. The construction of the foundation systems, whether temporary or permanent, and the
placement and erection of a recreational vehicle, manufactured home, manufactured home component,
manufactured home accessory, including fuel tanks, on or near the foundation system and includes
supporting, blocking, leveling, securing, anchoring, and properly connections of multiple or expandable
sections or components, and performing minor adjustments.
Manufactured home unit plot. A section of the manufactured home community designated for the
placement of a single manufactured home.
Porch or deck. A structure adjacent to an entry door of a building.

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Changes to 2006 IBC

CARRY CODE CONTENT
FORWARD CHANGE?
2006 IBC CODE SECTION 2003 IS THIS A COG (NO CHANGE,
AMENDMENT? AMENDMENT? MINOR, OR
Y/N Y/N IMPACTFUL)
101.1 Title Y N No Change
101.2 Scope. Y N No Change
Attachment: B. IBC Changes to the Codes (2981 : 11 AMD Amendments to 2006 I-Codes/ 2008 NEC)
101.2.1 Appendices Y N No Change
101.3 Intent. Y N No Change
101.4 Referenced codes Y Y No Change
103 Department of Building Safety Y N No Change
105.2 Work exempt from permit Y N Minor
106.1.1 Information on construction Y N Minor
documents
108.2 Schedule of permit fees. Y N No Change
108.4 Work commencing before permit Y N No Change
issuance
108.6 Refunds Y N No Change
110.1 Use and occupancy Y N No Change
110.1.1 Certificate of use (added section) Y N Minor
110.1.2 Letter of compliance) (added Y N Minor

section)
110.2 Certificate issued Y N Minor
110.4 Revocation Y N No Change
112 Board of Appeals Y N No Change
113.4 Violation penalties Y N No Change
Sec. 116 Contractor Registration (added Y N Minor
section)
202 Definitions (Building Official) Y N No Change
202 Definitions (added Fire Chief and Y Y No Change
High-Rise Building)
304.1 Business Group B Y Y No Change
403.1 Applicability Y Y No Change
403.2 Automatic sprinkler system Y Y No Change
404.1.1 Definition (Atrium) Y Y No Change
406.1.4 Separation Y Y No Change
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58.a
406.2.7 Mixed separation N Y Minor

406.6.1 General N Y Minor
407.8 Special egress control (added Y N No Change
section)
506.2.2 Open space limits Y Y No Change
508.2.1 Occupancy classification N Y Minor
508.3.1 Accessory occupancies N Y Minor
Table 602 Fire-Resistance Rating Y Y No Change
Requirements for Exterior Walls Based on
Fire Separation Distance (footnote b)
705.11 Ducts and air transfer openings N Y Minor
706.3.9 Single occupancy fire areas N Y Minor
707.2 Shaft enclosure required Y Y Minor
715.4.7.4 Doors in pedestrian ways Y N No Change
716.5.2 Fire barriers Y Y No Change
901.6.1.1 Standpipe testing (added section) N Y Minor
902.1 Definitions (Standpipes, Types Of) Y N No Change
903.1.2 Residential systems (added Y N No Change
section)
903.2 Where required Y Y No Change
903.2.1.1 Group A-1 Y N Minor
903.2.2 Group E Y N Minor
903.2.3 Group F-1 Y N Minor
903.2.5 Group I Y N Minor
903.2.6 Group M Y N Minor
903.2.8 Group S-1 Y N Minor
903.2.8.1 Repair garages Y N No Change
903.2.8.3 Self-service storage facility Y Y Minor
(added section)
903.2.10 Windowless stories in all Y Y No Change
occupancies (amending title and exception)
903.2.10.1 Stories and basements without Y N No Change
openings
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58.a
903.2.10.1.1 Opening dimensions and Y N No Change

access
903.2.10.1.2 Openings on one side only Y N No Change
903.2.10.1.3 Basements Y N No Change
903.2.10.2 Rubbish and linen chutes Y N No Change
903.2.10.3 Buildings 55 feet or more in Y Y No Change
height (amending to 35 feet)
903.2.10.4 High-piled combustible storage Y Y No Change
(added section)
Sec. 903.2.10.5 Spray booths and rooms Y Y No Change
(added section)
903.2.10.6 Buildings over 6,000 sq. ft. Y Y No Change
(added section)
903.3.1.1.1 Exempt locations Y Y No Change
903.3.1.2 NFPA 13R sprinkler systems N N Minor (Fire)
903.3.5 Water supplies Y Y No Change
903.3.7 Fire department connections Y N Minor (Fire)
(added section)
903.4 Sprinkler system monitoring and Y Y No Change
alarms
903.4.2 Alarms N Y No Change
903.4.3 Floor control valves N N Minor
903.6 Spray booths and rooms (added N Y No Change
section)
905.2 Installation standards Y Y No Change
905.3.8 Building area (added section) Y Y No Change
905.4 Location of Class I standpipe hose Y Y No Change
connections
905.5 Location of Class II standpipe hose Y N No Change
connections
905.5.1 Groups A-1 and A-2 Y N No Change
905.5.2 Protection Y N No Change
905.5.3 Class II system 1-inch hose Y N No Change
905.6.3 Groups A-1 and A-2 (added Y N No Change
section)
905.9 Valve supervision Y Y No Change
907.1.3 Design standards (added section) Y Y Minor
907.2.1 Group A N Y Minor
907.2.3 Group E Y Y Minor
907.2.12 High-rise buildings Y Y No Change
Packet Pg. 768

58.a
907.3 Manual fire alarm boxes Y Y No Change

907.6.1 Installation (added section) Y Y Minor
907.8.1 Zoning indicator panel N N Minor
907.11 Duct smoke detectors N N Minor
907.14 Monitoring Y N No Change
910.1 General Y Minor
910.2.4 Group H (added section) N Y Minor
Table 910.3 Requirements for Draft N Y Minor
Curtains and Smoke and Heat Vents
910.3.2 Vent operation N N Minor
910.3.2.2 Sprinklered buildings N Y Minor
910.3.2.3 Nonsprinklered buildings N N Minor
913 Fire Pump Room (added section) N Y No Change
1004.1.1 Areas without fixed seating N Y Minor
1008.1.2 Door swing Y N No Change
1008.1.3.4 Access-controlled egress doors Y N Minor
1008.1.8.6 Delayed egress locks N N Minor
1017.1 Construction Y Y No Change
1020.1.7 Smokeproof enclosures N Y Minor
1101.2 Design Y Y No Change
1109.2.1 Unisex toilet and bathing rooms Y Y No Change
1210.2 Walls Y Y No Change
1405.3.2.1 Clay Brick (added section) N N Minor
Table 1505.1 Minimum Roof Covering Y Y No Change
Classification for Types of Construction
1505.7 Special purpose roofs (to be Y Y No Change
deleted)
1806 Retaining Walls Y N Minor
2308.2.3 Application to engineered design Y Y No Change
(added section)
2901.1 Scope Y Y No Change
2902.1 Minimum number of fixtures Y Y No Change
2902.2 Separate facilities Y N Minor
2902.6 Finish material (added section) N Y Minor
Packet Pg. 769

58.a
3109.1 General Y Y No Change

Appendix L Fee Schedule (adding) Y N Impactful
Appendix M Aircraft Noise Attenuation Y N No Change
Requirements (adding)
Changes to 2006 IRC

CARRY CODE CONTENT
FORWARD CHANGE?
2006 IRC CODE SECTION 2003 IS THIS A COG (NO CHANGE,
Y/N Y/N IMPACTFUL)
R101.1 Title Y N No Change
R102.4 Referenced codes and standards Y Y No Change
R102.5 Appendices Y N No Change
R102.7 Existing structures Y N No Change
R103.1 Creation of enforcement agency Y N No Change
R105.2 Work exempt from permit Y N Minor
R106.1.1 Information on construction N N Minor
documents
R108.2 Schedule of permit fees Y N No Change
R108.5 Refunds Y N No Change
R108.6 Work commencing before permit Y N No Change
issuance
R109.1.3 Floodplain inspections Y Y No Change
R110 Certificate of Occupancy Y Y No Change
R112 Board of Appeals Y N No Change
R202 Definitions (Glazing area and Y Y No Change
Townhouse)
Table R301.2(1) Climatic and Geographic Y Y No Change
Design Criteria
R302.1 Exterior walls Y Y Minor
R303.3 Bathrooms Y Y No Change
R303.8 Required heating Y Y No Change
R309.4 Carports Y N No Change
R311.2.2 Under stair protection Y Y No Change
R313 Fire Protection Systems Y N No Change
R317.1 Two-family dwellings Y Y Minor
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R324.1 General N Y Minor

R325 Retaining Walls (added section) Y N Minor
R703.7 Stone and masonry veneer, general N N Minor
R703.7.4.1 Size and spacing Y Y No Change
R902.3 Minimum roof class Y Y No Change
R907.1 General Y Y No Change
N1101.2.1 Warm humid counties N Y Minor
N1101.7 Alternative compliance N Y Minor
Figure N1101.2 Texas Climate Zones N Y Minor
Table N1101.2.1 Climate Zones and Sub- N Y Minor
Climate Zones for Texas
Table N1101.2.2 Warm Humid Counties N Y Minor
for Texas
N1102.1 Insulation and fenestration criteria N Y Minor
Table N1102.1 Insulation and Fenestration N Y Minor
Requirements by Component (Texas)
Table N1102.1.2 Equivalent U-Factors N Y Minor
N1102.2.11 Insulation installed in walls N Y Minor
N1102.3.2 Glazed fenestration SHGC N Y Minor
N1102.3.3 Glazed fenestration exemption N Y Minor
N1102.3.5 Thermally isolated sunroom N Y Minor
N1102.3.6 Replacement fenestration N Y Minor
N1102.3.7 Prescriptive path for additions N Y Minor
Table N1102.3.7 Prescriptive Envelope N Y Minor
Component Criteria
M1305.1.3 Appliances in attics Y Y Minor
M1305.1.3.1 Electrical requirements Y N No Change
M1305.1.4.1 Ground clearance Y Y No Change
M1305.1.4.3 Electrical requirements Y Y No Change
M1307.3.1 Protection from impact Y Y No Change
M1502.3 Duct size Y Y No Change
M1502.6 Duct length Y Y Minor
M2005.2 Prohibited locations Y Y No Change
G2407.10 (304.10) Louvers and grilles N Y Minor
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G2407.11 (304.11) Combustion air ducts N Y Minor

G2408.3 (305.5) Private garages Y Y Minor
G2408.4 (305.7) Clearances from grade Y Y No Change
G2412.5 (401.5) Identification Y Y No Change
G2413.3 (402.3) Sizing Y Y No Change
G2415.9 (404.9) Minimum burial depth Y Y No Change
G2415.9.1 (404.9.1) Individual outside N Y Minor
appliances
G2417.1 (406.1) General Y Y No Change
G2417.4 (406.4) Test pressure Y Y No Change
measurement
G2417.4.1 (406.4.1) Test pressure Y Y No Change
G2417.4.2 (406.4.2) Test duration Y Y No Change
G2420.1.2 (409.1.2) Prohibited locations Y N No Change
G2420.1.4 Valves in CSST installations Y Y No Change
G2421.1 (410.1) Pressure regulators Y Y Minor
G2439.5 (614.6) Clothes dryer ducts Y Y No Change
G2439.5.1 (614.6.1) Maximum length Y Y Minor
G2445.2 (621.2) Prohibited use Y Y No Change
G2448.1.1 (624.1.1) Installation Y Y No Change
requirements
P2709.1 Construction Y Y No Change
P2717.3 Sink, dishwasher and food grinder N Y Minor
P2801.6 Water heaters installed in garages Y Y Minor
P2901.1.1 Separate water service required Y N No Change
P2902.5.3 Lawn irrigation systems Y Y No Change
Table P2904.4 Water Service Pipe Y Y No Change
Table P2904.5 Water Distribution Pipe Y Y No Change
P2904.5.1 Under concrete slabs N Y Minor
Table P2904.6 Pipe Fittings N N Minor
P3005.2.6 Base of stacks Y Y No Change
P3111 Combination Waste and Vent Y Y No Change
System
P3112.2 Installation Y Y No Change
Chapter 33 General Requirements Y Y No Change
Packet Pg. 772

58.a
Chapters 34-42 (Electrical requirements Y Y No Change

deleted since they’re in the NEC)
AG105.2 Outdoor swimming pool Y N No Change
Appendix I Irrigation Systems Y N No Change
Appendix M Aircraft Noise Attenuation Y N No Change
Requirements (was added)
Changes to 2006 IECC
CARRY CODE CONTENT
FORWARD CHANGE?
2006 IECC CODE SECTION 2003 IS THIS A COG (NO CHANGE,
Y/N Y / N IMPACTFUL)
The rest of the amendments are all COG Y Minor
amendments
Changes to 2006 IPC

CARRY CODE CONTENT
FORWARD CHANGE?
2006 IPC CODE SECTION 2003 IS THIS A COG (NO CHANGE,
Y/N Y/N IMPACTFUL)
Table of Contents Y Y No Change
101.2 Scope Y N No Change
102.8 Referenced codes and standards Y Y No Change
106.6 Fees N N No Change
106.6.2 Fee schedule Y Y No Change
106.6.3 Fee refunds Y Y No Change
108.5 Stop work orders Y N No Change
109 Means of Appeal Y Y No Change
305.6.1 Sewer depth Y Y No Change
305.9 Protection of components of Y Y No Change
plumbing system
310.4 Water closet compartment Y Y No Change
310.5 Urinal partitions Y Y Minor
312.9.1 Inspections Y Y No Change
Packet Pg. 773

58.a
312.9.2 Testing Y Y No Change

314.2.1 Condensate disposal Y Y No Change
314.2.2 Drain pipe materials and sizes Y Y No Change
401.1 Scope Y Y No Change
403.1 Minimum number of fixtures Y Y Minor
403.1.2 Finish materials (added section) Y Y No Change
405.6 Plumbing in mental health centers Y Y No Change
409.2 Water connection Y Y No Change
410.1 Approval Y Y No Change
412.4 Required location N Y Minor
413.4 Water supply required Y Y No Change
417.5 Shower floors or receptors N Y Minor
417.5.2 Shower lining Y Y No Change
417.7 Test for shower receptors (added Y Y No Change
section)
419.3 Surrounding material Y Y No Change
502.3 Water heaters installed in attics Y Y No Change
502.5 Water heaters above ground or floor Y Y Minor
and 502.5.1 (added section)
504.6.1 Requirements for discharge piping Y Y Minor
602.2.1 Separate water service required Y N No Change
(added section)
604.4.1 State maximum flow rate (added Y Y No Change
section)
Table 605.3 Water Service Pipe Y Y No Change
Table 605.4 Water Distribution Pipe Y Y No Change
606.1 Location of full-open valves Y Y Minor
606.2 Location of shutoff valves Y Y Minor
608.16.5 Connections to lawn irrigation Y Y No Change
systems
608.17 Protection of individual water Y Y No Change
supplies
610.1 General Y Y Minor
712 Sumps and Ejectors (adding Sec. 712.5 Y Y No Change
Dual pump system)
714 Engineered Drainage Design Y Y No Change
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58.a
802.1.6 Domestic dishwashing machines N Y Minor

802.4 Standpipes Y Y No Change
904.1 Roof extension Y Y No Change
906.1 Distance of trap from vent N Y Minor
912.1 Type of fixture Y Y No Change
1002.10 Plumbing in mental health centers Y Y No Change
1101.8 Cleanouts required Y Y No Change
1107.3 Sizing of secondary drains Y Y No Change
1202 Medical Gases Y Y No Change
Appendix I Irrigation Systems Y N No Change
Changes to 2006 IFGC

CARRY CODE CONTENT
FORWARD CHANGE?
2006 IFGC CODE SECTION 2003 IS THIS A COG (NO CHANGE,
Y/N Y/N IMPACTFUL)
102.2 Existing Installations N Y Minor
106.6.2 Fee schedule Y N No Change
106.6.3 Fee refunds Y N No Change
109 Means of Appeal Y N No Change
304.10 Louvers and grilles Y Y No Change
304.11 Combustion air ducts Y Y No Change
305.5 Private garages Y Y No Change
305.7 Clearances from grade Y Y No Change
306.3 Appliances in attics Y Y Minor
306.5 Equipment and appliances on roofs Y Y Minor
or elevated structures
Packet Pg. 775

58.a
306.5.1 Sloped roofs N Y Minor

306.7 Water heaters above ground floor Y Y Minor
(added section)
401.5 Identification Y Y No Change
402.3 Sizing Y Y No Change
404.9 Minimum burial depth Y Y No Change
404.9.1 Individual outside appliances N Y Minor
406.1 General N Y Minor
406.4 Test pressure measurement Y Y Minor
406.4.1 Test pressure Y Y Minor
406.4.2 Test duration Y Y No Change
409.1.4 Valves in CSST installations N Y Minor
(added section)
410.1 Pressure regulators Y Y No Change
614.6 Domestic clothes dryer ducts Y Y No Change
614.6.1 Maximum length Y Y Minor
621.2 Prohibited use N Y Minor
624.1.1 Installation requirements Y Y No Change
Changes to 2006 IMC

CARRY CODE CONTENT
FORWARD CHANGE?
2006 IMC CODE SECTION 2003 IS THIS A COG (NO CHANGE,
Y/N Y / N IMPACTFUL)
106.5.2 Fee schedule Y N No Change
106.6.3 Fee refunds Y N No Change
109 Means of Appeal Y N No Change
304.6 Private garages Y Y No Change
304.9 Clearances from grade Y Y No Change
Packet Pg. 776

58.a
306.3 Appliances in attics Y Y Minor

306.5 Equipment and appliances on roofs Y Y Minor
or elevated structures
306.5.1 Sloped roofs N Y Minor
306.6 Water heaters above ground floor Y Y Minor
(added section)
307.2.1 Condensate disposal Y N No Change
307.2.2 Drain pipe materials and sizes Y Y No Change
307.2.3 Auxiliary and secondary drain Y Y Minor
systems
403.2.1 Recirculation of air Y Y Minor
Table 403.3 Required Outdoor Ventilation Y Y No Change
Air (footnote g)
501.2 Exhaust discharge Y Y Minor
504.6 Domestic clothes dryer ducts Y Y No Change
504.6.1 Maximum length Y Y Minor
607.5.1 Fire walls Y Y Minor
Changes to 2008 NEC

CARRY CODE CONTENT
FORWARD CHANGE?
2006 NEC CODE SECTION 2003 IS THIS A COG (NO CHANGE,
Y/N Y/N IMPACTFUL)
90.3 Code Arrangement N N Minor
100 Definitions (Authority Having Y N No Change
Jurisdiction)
100 Definitions (Building Official) Y N No Change
230.2 Number of services Y N No Change
Art. 230 Services (II. Overhead Service- Y N Impactful
Drop Conductors)
230.71 Maximum Number of Disconnects Y N Minor
300.11 Securing and Supporting Y N No Change
310.15 Ampacities for Conductors Rated Y N No Change
0-2000 Volts
334.10 Uses Permitted Y N No Change
334.12 Uses Not Permitted N N Minor
500.8(A) Suitability N Y Minor
Packet Pg. 777

58.a
505.7(A) Implementation of Zone N Y Minor

Classification System
517.18(A) Patient Bed Location N N Minor
517.19(A) Patient Bed Location Branch N N Minor
Circuits
680.25 Feeders (A) Wiring Methods N Y Minor
Annex H (delete first paragraph) N N Minor
Annex H 80.2 Definitions Y N Minor
Annex H 80.9 (D) Homeowner Y N No Change
Installations, Additions, alterations, or
Repairs
Annex H 80.13 (2) Authority Y N No Change
Annex H 80.13 (13) Authority Y N No Change
Annex H 80.15 Means of appeal Y N No Change
Annex H 80.19 (C) Issuance of Permits N N Minor
Annex H 80.19 (E) Fees Y N No Change
Annex H 80.19 (F) Inspection and Y N No Change
Approvals
Annex H 80.19 (H) Applications and Y N No Change
Extensions
Annex H 80.23 Notice of Violations, Y N No Change
Penalties
Annex H 80.25 (B) Special Consideration Y N No Change
Annex H 80.25 (C) Notification Y N No Change
Annex H 80.25 (E) Disconnection Y N No Change
Annex H 80.29 Liability for Damages Y N No Change
Annex H 80.31 Validity Y N No Change
Annex H 80.33 Repeal of Conflicting Acts Y N No Change
Annex H 80.35 Effective Date Y N No Change
Packet Pg. 778

58.b
AN ORDINANCE AMENDING ARTICLE I “IN GENERAL” OF CHAPTER 8 OF THE CODE OF

CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY ADDING
DEFINITIONS; AMENDING ARTICLE II “BUILDING CODES” OF CHAPTER 8 OF THE
Attachment: A. Ordinance - Chapter 8 - 2006 Building Codes (2981 : 11 AMD Amendments to 2006 I-Codes/ 2008 NEC)
DEVELOPMENT STANDARDS AND CONSTRUCTION CODES OF THE CITY OF IRVING,
TEXAS, BY ADOPTING AND AMENDING THE 2006 INTERNATIONAL BUILDING CODE,
2006 INTERNATIONAL RESIDENTIAL CODE, 2006 INTERNATIONAL ENERGY
CONSERVATION CODE, 2006 INTERNATIONAL PLUMBING CODE, 2006 INTERNATIONAL
FUEL GAS CODE, 2006 INTERNATIONAL MECHANICAL CODE, AND 2008 NATIONAL
ELECTRICAL CODE; AMENDING ARTICLE IV “LICENSE, CERTIFICATE OF OCCUPANCY,
AND PERMIT” OF CHAPTER 8 OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF
THE CITY OF IRVING, TEXAS, BY ADOPTING MANUFACTURED HOME SETBACKS;
PROVIDING FOR SEVERABILITY, SAVINGS, PENALTY, AND AN EFFECTIVE DATE.
SECTION 1. That Section 8-4 “Definitions” of Chapter 8 of The Code of Civil and Criminal
Ordinances of the City of Irving, Texas, is hereby amended to read as follows:
Alteration. Any change, addition, or modification in construction; or replacing, adding, modifying,

removing, or exchanging manufactured homes, recreational vehicles, or other structures, moving in a
new or additional manufactured home, recreational vehicle, or other structure, changing or adding
manufactured home community or recreational vehicle community plot or lot lines, and changing
manufactured home community or recreational vehicle community property lines.
Back end. The end of a manufactured home or recreational vehicle which is the opposite end from
the front end of the unit.
Back side. The side of the manufactured home or recreational vehicle which is the opposite side
from the front side of the unit.
Front end. The end of a manufactured home or recreational vehicle where the tongue would be
attached or where the headlights are.
Front side. The side of the manufactured home or recreational vehicle where the front door is
located or left side when facing the tongue or headlights.
Installation. The construction of the foundation systems, whether temporary or permanent, and the
placement and erection of a recreational vehicle, manufactured home, manufactured home component,
manufactured home accessory, including fuel tanks, on or near the foundation system and includes
supporting, blocking, leveling, securing, anchoring, and properly connections of multiple or expandable
sections or components, and performing minor adjustments.
Manufactured home unit plot. A section of the manufactured home community designated for the
placement of a single manufactured home.
Porch or deck. A structure adjacent to an entry door of a building.
Packet Pg. 779

58.b
Unit. Manufactured home space, manufactured home, recreational vehicle, washateria, office,
clubhouse, and athletic facility.
Unit plot. A piece of ground set aside and designated for occupancy for one (1) manufactured
home, recreational vehicle, or actually occupied by a manufactured home or recreational vehicle.
Unit plot line. The imaginary or actual marked line around any manufactured home unit plot or
recreational vehicle unit plot.
SECTION 2. That Section 8-5 “International Building Code” of Chapter 8 of Development

Standards and Construction Codes of the City of Irving, Texas, is hereby amended to read as follows:
Sec. 8-5. International Building Code.
(a) Commercial Building Code. The 2006 edition of the International Building Code with
amendments, modifications, and deletions as specified in this section is adopted as the commercial
building code for the City of Irving, Texas.
(b) Amendments, modifications, and deletions to the 2006 International Building Code.
Amendments, modifications, and deletions to the 2006 International Building Code are adopted as
follows:
Section 101.1. Section 101.1 of Section 101 “General” of Chapter 1 “Administration” of the 2006
International Building Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Building Code of the City of Irving, Texas,
hereinafter referred to as “this code” or “IBC.”
Section 101.2 Section 101.2 of Section 101 “General” of Chapter 1 “Administration” of the 2006
101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and
demolition of every building or structure or any appurtenances connected or attached to such buildings
or structures.
Exceptions:
1. Detached one- and two-family dwellings and multiple single-family dwellings

(townhouses) not more than three stories above grade plane in height with a separate
means of egress and their accessory structures shall comply with the International
Residential Code.
2. Existing buildings undergoing repair, alterations or additions, and change of occupancy

shall be permitted to comply with the International Existing Building Code with prior
approval of the building official. Otherwise, see chapter 34.
Section 101.2.1. Section 101.2.1 of Section 101 “General” of Chapter 1 “Administration” of the
2006 International Building Code is amended to read as follows:
-2-
Packet Pg. 780
58.b
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
Appendix C “Group U – Agricultural Buildings,” Appendix E “Supplementary Accessibility
Requirements,” and Appendix I “Patio Covers” shall be considered part of the requirements of this
code. Appendix L “Fee Schedule” and Appendix M “Aircraft Noise Attenuation Requirements”
have been added and shall be considered part of the requirements of this code.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the
public health, safety, and general welfare through structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property
from fire and other hazards attributed to the built environment and to provide safety to fire fighters and
emergency responders during emergency operations. The administrative requirements and procedures
of this chapter shall also apply to the referenced codes in Section 101.4 of this code.
Section 101.4 Section 101.4 of Section 101 “General” of Chapter 1 “Administration” of the 2006
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced
elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this
code to the prescribed extent of each such reference. Whenever amendments have been adopted to the
referenced codes and standards, each reference to said code and standard shall be considered to
reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean
the Electrical Code as adopted.
Section 103. Section 103 “Department of Building Safety” of Chapter 1 “Administration” of the
2006 International Building Code is amended in its entirety to read as follows:
SECTION 103
DEPARTMENT OF PLANNING AND INSPECTIONS
103.1 Creation of enforcement agency. The department of planning and inspections is hereby created
and the official in charge thereof shall be known as the building official. Wherever the term
“department of building safety” is used elsewhere in this code, it shall mean the department of planning
and inspections.
Section 105.2. Section 105.2 of Section 105 “Permits” of Chapter 1 “Administration” of the 2006
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the
following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses, and
similar uses, not exceeding 6 feet in any dimension (includes height measured from adjacent
grade to the highest point of the roof).
-3-
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58.b
2. Installation or repair of retaining walls which are not over 30” in height of exposed face,
unless supporting a surcharge or impounding Class I, II, or III-A liquids.
3. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and
the ratio of height to diameter or width does not exceed 2:1.
4. Sidewalks exceeding 4 feet in width, paving, or driveways which are:
a. On private property;
b. Not more than 30 inches above adjacent grade;
c. Not over any basement or story below;
d. Not located in any required front or street-side yard; and
e. Not exceeding 120 square feet in area if located in a non-street-side or rear yard.
For purposes of this section, the maintenance or repair of pavement existing on October 2,
2008, is exempt from permit.
5. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
6. Temporary motion picture, television, and theater stage sets and scenery.
7. Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section

101.2, which are less than 24 inches deep, do not exceed 5,000 gallons, and are installed
entirely above ground.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project more than 54 inches
from the exterior wall and do not require additional support of Group R-3, as applicable in
Section 101.2, and Group U occupancies.
10. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9
inches in height.
Electrical: In accordance with the National Electrical Code as adopted.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
-4-
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58.b
3. Portable cooling unit.
4. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this
code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by

motors of 1 horsepower or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste, or vent pipe; provided, however, that if any
concealed trap, drain pipe, water, soil, waste, or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work shall be considered as
new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the removal
and reinstallation of water closets, provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes, or fixtures.
Section 106.1.1. Section 106.1.1 of Section 106 “Construction Documents” of Chapter 1

“Administration” of the 2006 International Building Code is amended to read as follows:
106.1.1 Information on construction documents. Construction documents shall be dimensioned

and drawn upon suitable material. Civil engineering drawings shall be submitted on 24 inch by 36
inch paper. Approved drawings shall be submitted electronically. Construction documents shall be
of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in
detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and
regulations, as determined by the building official.
Section 108.2. Section 108.2 of Section 108 “Fees” of Chapter 1 “Administration” of the 2006
108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing
systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance
with Appendix L of this code.
108.4 Work commencing before permit issuance. Any person who commences any work on a
building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary
permits may be subject to 100 percent of the usual permit fee in addition to the required permit fees.
-5-
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58.b
108.6 Refunds. The building official shall authorize the refunding of fees as follows:
1. The full amount of the fee paid hereunder that was erroneously paid or due to extenuating
circumstances as approved by the code official.
2. Not more than 80 percent of the permit fee paid when no work or inspection has been done
under a permit issued in accordance with this code.
The code official shall not authorize the refunding of any fee paid except upon written application
filed by the original permitee not later than 180 days after the date of fee payment.
Section 110.1. Section 110.1 of Section 110 “Certificate of Occupancy” of Chapter 1

110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the
existing occupancy classification of a building or structure or portion thereof shall be made until the
building official has issued and the fire code official has approved a certificate of occupancy therefor as
provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this code or of other ordinances of the jurisdiction.
Exception: Minor accessory structures not used for human occupancy.
Section 110. Section 110 “Certificate of Occupancy” of Chapter 1 “Administration” of the 2006
International Building Code is amended by adding Sections 110.1.1 and 110.1.2 to read as follows:
110.1.1 Certificate of use. No lot or tract of property upon which no building or structure has been
constructed shall be used or occupied, and no change in the existing use of the property or portion
thereof shall be made until the building official has issued a certificate of use therefor as provided
herein. Issuance of a certificate of use shall not be construed as an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction.
110.1.2 Letter of compliance. The building official shall issue a letter of compliance for buildings
which have received shell construction final inspections from both the planning and inspections and
fire departments.

110.2 Certificate issued. After the building official inspects the building, structure, or property and
finds no violations of the provisions of this code or other laws that are enforced by the planning and
inspections department, the building official shall issue a certificate of occupancy or certificate of use
that contains the following (where applicable):
1. The permit number.
2. The address of the structure or property.
3. The name and address of the owner.
4. A description of that portion of the structure or property for which the certificate is issued.
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5. A statement that the described portion of the structure or property has been inspected for
compliance with the requirements of this code for the occupancy and division of occupancy and
the use for which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit/certificate was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is required.
12. Any special stipulations and conditions of the certificate of use or occupancy.
13. The name of the tenant.

110.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of
occupancy or use issued under the provisions of this code wherever the certificate is issued in error, or
on the basis of incorrect information supplied, or where it is determined that the building, structure, or
lot or tract of property or portion thereof is in violation of any ordinance or regulation or any of the
provisions of this code.
Section 112. Section 112 “Board of Appeals” of Chapter 1 “Administration” of the 2006
International Building Code is amended in its entirety to read as follows:
SECTION 112
CONSTRUCTION BOARD OF APPEALS
112.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the
building official or fire chief relative to the application and interpretation of the International Building
Code, International Residential Code, International Plumbing Code, International Mechanical Code,
International Energy Conservation Code, International Fuel Gas Code, National Electrical Code, or
International Fire Code, there shall be and is hereby created a construction board of appeals. The
construction board of appeals shall be appointed by the governing body and shall hold office at its
pleasure. The board shall adopt rules of procedure for conducting its business.
112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, or an equally good or better form of construction is proposed. The board shall
have no authority to waive requirements of this code, but may only vary requirements to allow an
alternate method or material when the alternate method or material would be as good as or better than
the requirements of the code.
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112.3 Appointment. There has been established the construction board of appeals consisting of seven
members as follows: one interested citizen, one master electrician or electrical contractor, one master
plumber or plumbing contractor, one class “A” licensed mechanical (HVAC) contractor or mechanical
engineer, one home builder, one representative from the fire protection industry, and one licensed
architect or engineer. The board was appointed by the city council. The building official and the fire
chief are ex officio members of the board.
112.3.1 Term of office. Initially, four of the seven members of the construction board of appeals
were appointed to serve for two years; and three of the members were appointed to serve one year.
Thereafter, each member shall serve for a term of two years which shall expire upon the date of the
first city council meeting in November of the year of expiration; however, if an appointment is not
made by the city council meeting in November of the year of expiration, the member shall continue
in office until reappointed or a successor has been appointed by the city council. Vacancies shall be
filled for an unexpired term in the manner in which original appointments are made. Continued
absence of any member from regular meetings of the board may, at the discretion of the city
council, render the member liable to immediate removal from office.
112.3.1.1 Conflict of interest. No board member shall act in a case in which he or she has a
conflict of interest.
112.3.2 Quorum. Four members of the board constitute a quorum. In varying the application of
any provision of the International Building Code, International Residential Code, International
Plumbing Code, International Mechanical Code, International Energy Conservation Code,
International Fuel Gas Code, National Electrical Code, or International Fire Code, or in modifying
an order of a building official or the fire chief, affirmative votes of the majority present, but not less
than four affirmative votes are required.
112.3.3 Records. The building official may act as secretary of the construction board of appeals
and may make a detailed record of all its proceedings, which set forth the reasons for its decisions,
the vote of each member participating including abstentions, and the absence of a member.
112.3.4 Procedure. The board may establish rules and regulations for its own procedure not
inconsistent with the provisions of the International Building Code, International Residential Code,
International Plumbing Code, International Mechanical Code, International Energy Conservation
Code, International Fuel Gas Code, National Electrical Code, or International Fire Code. The
board may meet at regular intervals, to be determined by the chairperson, and shall meet within 30
days after any notice of appeal has been received by the building official.
112.4 Appeals--Time limit. When the building official or fire chief rejects or refuses to approve the
method of construction proposed to be followed in the erection or alteration of a building or structure,
or when the owner of the building or structure claims that the provisions of this code do not apply, or
that the true intent and meaning of a code, or any of its regulations have been misconstrued or wrongly
interpreted, the owner of the building or structure, or his or her agent, may appeal the decision of the
building official or fire chief to the construction board of appeals. The person appealing a decision of
the building official or fire chief shall file the appeal in writing on a form provided by the building
official and submit it with a fee in accordance with the fee schedule to the planning and inspections
department within 30 days after the decision is rendered by the building official or fire chief.
112.4.1 Accelerated appeal. In case of a building or structure which, in the opinion of the building
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official or fire chief, is unsafe or dangerous, the building official or fire chief may limit the time for
the appeal to a shorter period.
112.5 Decisions of the construction board of appeals. The construction board of appeals, when on
appeal to and after a hearing, may vary the application of any provision of a code when, in its opinion,
enforcement would be unjust, and would be contrary to the spirit and purpose of a code, or public
interest, or when, in its opinion the interpretation of the building official or fire chief should be
modified or reversed.
A decision of the construction board of appeals to vary the application of a provision of the
International Building Code, International Residential Code, International Plumbing Code,
International Mechanical Code, International Energy Conservation Code, International Fuel Gas
Code, National Electrical Code, or International Fire Code, or to modify an order of the building
official or fire chief may specify in what manner such variation or modification is made, the conditions
upon which it is made and the reasons for it.
112.5.1 Decisions. Each decision of the construction board of appeals is final, subject, however, to
such remedy as any aggrieved party might have at law or in equity. Each decision is in writing and
indicates the vote upon the decision. Each decision is to be promptly filed in the office of the
building official, and is to be open to public inspections; the building official may send a certified
copy by mail or otherwise to the appellant and keep a copy publicly posted in his or her office for
two weeks after filing it.
The construction board of appeals will, in each case, reach a decision without unreasonable or
unnecessary delay.
If a decision of the construction board of appeals reverses or modifies a refusal, order, or

disallowance of the building official or fire chief, or varies the application of a provision of an
applicable code, the building official or fire chief will immediately take action in accordance with
the decision.
Section 113.4. Section 113.4 of Section 113 “Violations” of Chapter 1 “Administration” of the
113.4 Violation penalties. The penalty for a violation of this code shall be between $1.00 and
$500.00, unless the complaint alleges that the offense was committed intentionally, knowingly, or
recklessly, in which case, the penalty shall be from $1.00 to $2,000.00. Each day that a violation
continues after due notice has been served shall be deemed a separate offense.
Chapter 1. Chapter 1 “Administration” of the 2006 International Building Code is amended by

adding Section 116 “Contractor Registration” to read as follows:
SECTION 116
CONTRACTOR REGISTRATION
116.1 Contractor registration required. It shall be unlawful for any person who is not registered by
the City as a fence, sign, concrete, electrical, plumbing, mechanical, irrigation, house moving, fuel tank
installer, maintenance worker for apartments (plumbing/mechanical), or general contractor to secure a
permit as provided for in this code.
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Exception: Homeowners as qualified by the building official may obtain permits to perform work
at a residence for which they have a homestead tax exemption and in which they live, without being
registered or without the requirement of hiring a registered contractor.
116.2 Method of registration. To register with the City as a contractor, an application shall be made
in writing on forms furnished by the building official for that purpose along with the registration fee as
required in Appendix L.
116.3 Contractor registration renewal. Every contractor registration provided for in this code shall
expire one year following the date of its issuance and shall be renewed by the building official upon
application and upon the payment to the City of the required renewal fee.
Section 202. Section 202 “Definitions” of Chapter 2 “Definitions” of the 2006 International
Building Code is amended by changing the definition of “Building Official” to read as follows:
BUILDING OFFICIAL. The City Manager designee to this position or his or her designated
representative.
Section 202. Section 202 “Definitions” of Chapter 2 “Definitions” of the 2006 International
Building Code is amended by adding the following definitions:
FIRE CHIEF. The chief of the city of Irving fire department or a duly authorized representative.
HIGH-RISE BUILDING. A building having any floor used for human occupancy located more than
75 feet above the lowest level of fire department vehicle access.
Section 304.1. Section 304.1 of Section 304 “Business Group B” of Chapter 3 “Use and Occupancy
Classification” of the 2006 International Building Code is amended to read as follows:
304.1 Business Group B. Business Group B occupancy includes, among others, the use of a building
or structure, or a portion thereof, for office, professional, or service-type transactions, including storage
of records and accounts. Business occupancies shall include, but not be limited to, the following:
Airport traffic control towers

Animal hospitals, kennels, and pounds
Banks
Barber and beauty shops
Car wash
Civic administration
Clinic–outpatient
Dry cleaning and laundries; pick-up and delivery stations and self-service
Educational occupancies for students above the 12th grade
Electronic data processing
Fire stations
Laboratories; testing and research
Motor vehicle showrooms
Police stations with detention facilities for 5 or less
Post offices
Print shops
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Professional services (architects, attorneys, dentists, physicians, engineers, etc.)

Radio and television stations
Telephone exchanges
Training and skill development not within a school or academic program
Section 403.1. Section 403.1 of Section 403 “High-Rise Buildings” of Chapter 4 “Special
Detailed Requirements Based on Use and Occupancy” of the 2006 International Building Code is
amended to read as follows:
403.1 Applicability. The provisions of this section shall apply to buildings with an occupied floor
located more than 75 feet above the lowest level of fire department vehicle access.
Exception: The provisions of this section shall not apply to the following buildings and structures:
1. Airport traffic control towers in accordance with Section 412.
2. Open parking garages in accordance with Section 406.3.
3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section
303.1.
4. Low-hazard special industrial occupancies in accordance with Section 503.1.1.
5. Buildings with an occupancy in Group H-1, H-2, or H-3 in accordance with Section 415.
Section 403.2. Section 403.2 of Section 403 “High-Rise Buildings” of Chapter 4 “Special
Detailed Requirements Based on Use and Occupancy” of the 2006 International Building Code is
[F] 403.2 Automatic sprinkler system. Buildings and structures shall be equipped throughout with an
automatic sprinkler system in accordance with Section 903.3.1.1 and a secondary water supply where
required by Section 903.3.5.2.
Exception: An automatic sprinkler system shall not be required in spaces or areas of open parking
garages in accordance with Section 406.3.
Section 404.1.1. Section 404.1.1 of Section 404 “Atriums” of Chapter 4 “Special Detailed
Requirements Based on Use and Occupancy” of the 2006 International Building Code is amended to
read as follows:
404.1.1 Definition. The following word and term shall, for the purposes of this chapter and as used
elsewhere in this code, have the meaning shown herein.
ATRIUM. An opening connecting three or more stories other than enclosed stairways, elevators,
hoistways, escalators, plumbing, electrical, air-conditioning, or other equipment, which is closed at
the top and not defined as a mall. Stories, as used in this definition, do not include balconies within
assembly groups or mezzanines that comply with Section 505.
Section 406.1.4. Section 406.1.4 of Section 406 “Motor-Vehicle-Related Occupancies” of

Chapter 4 “Special Detailed Requirements Based on Use and Occupancy” of the 2006 International
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Building Code is amended to read as follows:
406.1.4 Separation. Separations shall comply with the following:
1. The private garage shall be separated from the dwelling unit and its attic area by means of a
minimum 1/2-inch gypsum board applied to the garage side. Garages beneath habitable
rooms shall be separated from all habitable rooms above by not less than 5/8 inch Type X
gypsum board or equivalent. Door openings between a private garage and the dwelling unit
shall be equipped with either solid wood doors, or solid or honeycomb core steel doors not
less than 1-3/8 inches thick, or doors in compliance with Section 715.4.3. Openings from a
private garage directly into a room used for sleeping purposes shall not be permitted. Doors
shall be self-closing and self-latching.
2. Ducts in a private garage and ducts penetrating the walls or ceilings separating the dwelling
unit from the garage shall be constructed of a minimum 0.019-inch sheet steel and shall
have no openings into the garage.
3. A separation is not required between a Group R-3 and U carport provided the carport is
entirely open on two or more sides and there are not enclosed areas above.
4. A separation is not required between a Group R-2 and U carport provided that the carport is
non-combustible and entirely open on all sides and that the distance between the two is at
least 10 feet.

406.2.7 Mixed separation. Parking garages shall be separated from other occupancies in
accordance with Section 508.

406.6.1 General. Repair garages shall be constructed in accordance with the International Fire
Code and this section. This occupancy shall not include motor fuel-dispensing facilities, as
regulated in Section 406.5
This occupancy shall include garages involved in servicing of motor vehicles for items such as
lube changes, inspections, windshield repair or replacement, shocks, minor part replacement, and
other such non-major repair. When the repair garage is only involved in such minor repair, it need
not comply with Section 406.6.2.
Section 407. Section 407 “Group I-2” of Chapter 4 “Special Detailed Requirements Based on Use
and Occupancy” of the 2006 International Building Code is amended by adding section 407.8 to read as
follows:
407.8 Special egress control. In buildings that are fully protected with approved automatic fire
sprinkler systems and smoke detection systems, where building occupants are flight risks, exterior
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egress doors may be permitted to be equipped with an egress control system which shall be installed in
accordance with all of the following criteria:
1. Design and operation of the egress control system shall be approved by the fire chief or his duly
authorized representative.
2. Locking devices must be electro-magnetic.
3. Throw-bolt type locks, panic hardware, or fire exit hardware shall not be installed on egress
controlled doors.
4. All egress controlled doors shall be capable of being unlocked simultaneously upon a signal
from a central location.
5. Loss of power to a part of the egress control system that locks the doors shall automatically
unlock the doors.
6. Activation of the building fire alarm, fire detection, or automatic fire sprinkler system shall
automatically unlock the egress controlled doors, and the egress controlled doors shall remain
unlocked until the fire alarm system has been reset.
7. A manual unlocking button shall be provided within 12 inches of each egress controlled door.
These buttons shall be red in color, circular, and a minimum of 1-1/2 inches in diameter. A sign
stating “Push to Exit” with one inch letters on a contrasting background shall be provided near
the button. The button may be located behind a break glass device.
Section 506.2.2. Section 506.2.2 of Section 506 “Area Modifications” of Chapter 5 “General
Building Heights and Areas” of the 2006 International Building Code is amended to read as follows:
506.2.2 Open space limits. Such open space shall be either on the same lot or dedicated for public
use and shall be accessed from a street or approved fire lane. In order to be considered as
accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway from
the street or approved fire lane shall be provided for hose lay measurement pathway requirements.
Section 508.2.1. Section 508.2.1 of Section 508 “Mixed Use and Occupancy” of Chapter 5
“General Building Heights and Areas” of the 2006 International Building Code is amended to read as
follows:
508.2.1 Occupancy classification. An incidental use area shall be classified in accordance with the
occupancy of that portion of the building in which it is located.
Exception: Incidental use areas within and serving a dwelling unit are not required to comply
with this section.
Section 508.3.1. Section 508.3.1 of Section 508 “Mixed Use and Occupancy” of Chapter 5
“General Building Heights and Areas” of the 2006 International Building Code is amended to read as
follows:
508.3.1 Accessory occupancies. Accessory occupancies are those occupancies subsidiary to the
main occupancy of the building or portion therof. Aggregate accessory occupancies shall not
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occupy more than 10 percent of the area of the story in which they are located and shall not exceed
the tabular values in Table 503, without height and area increases in accordance with Sections 504
and 506 for such accessory occupancies.
Exceptions:
1. Accessory assembly areas having a floor area less than 750 square feet are not considered
separate occupancies.
2. Assembly areas that are accessory to Group E occupancies are not considered separate
occupancies except when applying the assembly occupancy requirements of Chapters 10
and 11.
3. Accessory religious educational rooms and religious auditoriums with occupant loads of
less than 100 are not considered separate occupancies
Table 602. Table 602 “Fire-Resistance Rating Requirements for Exterior Walls Based on Fire
Separation Distance” of Section 602 “Construction Classification” of Chapter 6 “Types of
Construction” of the 2006 International Building Code is amended by changing footnote “b” to read as
follows:
b. For special requirements for Group U occupancies, see Section 406.1.2. Group R-3 and Group U when used as
accessory to Group R-3, as applicable in Section 101.2 shall not be required to have a fire-resistance rating where the
fire separation distance is 3 feet or more. Group R-2 and Group U carport, as applicable in Section 406.1.4, Exception
4, shall be required to have a fire-resistance rating where fire separation distance is 10 feet or less.
Section 705.11. Section 705.11 of Section 705 “Fire Walls” of Chapter 7 “Fire-Resistance-Rated
Construction” of the 2006 International Building Code is amended to read as follows:
705.11 Ducts and air transfer openings. Ducts and air transfer openings shall not penetrate fire walls.
Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer openings
of fire walls that are not on a lot line shall be allowed provided the penetrations comply with
Sections 712 and 716. The size and aggregate width of all openings shall not exceed the limitations
of Section 705.8.
Section 706.3.9. Section 706.3.9 of Section 706 “Fire Barriers” of Chapter 7 “Fire-Resistance-
Rated Construction” of the 2006 International Building Code is amended to read as follows:
706.3.9 Fire areas. The fire barrier or horizontal assembly, or both, separating occupancies into
different fire areas shall have a fire-resistance rating of not less than that indicated in Table 706.3.9
for a single occupancy and the most restrictive value indicated in Table 706.3.9 shall apply to the
entire building or portion thereof for a mixed occupancy.
Section 707.2. Section 707.2 of Section 707 “Shaft Enclosures” of Chapter 7 “Fire-Resistance-
Rated Construction” of the 2006 International Building Code is amended to read as follows:
707.2 Shaft enclosure required. Openings through a floor/ceiling assembly shall be protected by a
shaft enclosure complying with this section.
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Exceptions:
1. A shaft enclosure is not required for openings totally within an individual residential
dwelling unit and connecting four stories or less.
2. A shaft enclosure is not required in a building equipped throughout with an automatic
sprinkler system in accordance with Section 903.3.1.1 for an escalator opening or stairway
that is not a portion of the means of egress protected according to Item 2.1 or 2.2:
2.1. Where the area of the floor opening between stories does not exceed twice the
horizontal projected area of the escalator or stairway and the opening is protected
by a draft curtain and closely spaced sprinklers in accordance with NFPA 13. In
other than Groups B and M, this application is limited to openings that do not
connect more than four stories.
2.2. Where the opening is protected by approved power-operated automatic shutters at

every penetrated floor. The shutters shall be of noncombustible construction and
have a fire-resistance rating of not less than 1.5 hours. The shutter shall be so
constructed as to close immediately upon the actuation of a smoke detector
installed in accordance with Section 907.11 and shall completely shut off the well
opening. Escalators shall cease operation when the shutter begins to close. The
shutter shall operate at a speed of not more than 30 feet per minute and shall be
equipped with a sensitive leading edge to arrest its progress where in contact with
any obstacle, and to continue its progress on release therefrom.
3. A shaft enclosure is not required for penetrations by pipe, tube, conduit, wire, cable, and
vents protected in accordance with Section 712.4.
4. A shaft enclosure is not required for penetrations by ducts protected in accordance with
Section 712.4. Grease ducts shall be protected in accordance with the International
Mechanical Code.
5. In other than Group H occupancies, a shaft enclosure is not required for floor openings
complying with the provisions for atriums in Section 404.
6. A shaft enclosure is not required for approved masonry chimneys where annular space
protection is provided at each floor level in accordance with Section 717.2.5.
7. In other than Groups I-2 and I-3, a shaft enclosure is not required for a floor opening or air
transfer opening that complies with the following:
7.1. Does not connect more than two stories.
7.2. Is not part of the required means of egress system, except as permitted in Section
1020.1.
7.3. Is not concealed within the building construction.
7.4. Is separated from floor openings and air transfer openings serving other floors by
construction conforming to required shaft enclosures.
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7.5. Is limited to the same smoke compartment.
8. A shaft enclosure is not required for automobile ramps in open and enclosed parking
garages constructed in accordance with Sections 406.3 and 406.4, respectively.
9. A shaft enclosure is not required for floor openings between a mezzanine and the floor
below.
10. A shaft enclosure is not required for joints protected by a fire-resistant joint system in
accordance with Section 713.
11. A shaft enclosure shall not be required for floor openings created by unenclosed stairs or
ramps in accordance with Exception 8 or 9 in Section 1020.1.
12. Floor openings protected by floor fire doors in accordance with Section 711.8.
13. Where permitted by other sections of this code.
Section 715.4.7.4. Section 715.4.7.4 of Section 715 “Opening Protectives” of Chapter 7 “Fire-
Resistance-Rated Construction” of the 2006 International Building Code is amended to read as follows:
715.4.7.4 Doors in pedestrian ways. Horizontal sliding or horizontal rolling fire doors in
openings through which pedestrians travel shall be heat activated or activated by smoke
detectors with alarm verification. Vertical sliding or vertical rolling fire doors in openings
through which pedestrians, fire fighters, or emergency responders travel are prohibited.
Section 716.5.2. Section 716.5.2 of Section 716 “Ducts and Air Transfer Openings” of Chapter 7
“Fire-Resistance-Rated Construction” of the 2006 International Building Code is amended to read as
follows:
716.5.2 Fire barriers. Ducts and transfer openings of fire barriers shall be protected with approved
fire dampers installed in accordance with their listing. Ducts and air transfer openings shall not
penetrate exit enclosures and exit passageways except as permitted by Sections 1020.1.2 and
1021.5, respectively.
Exception: Fire dampers are not required at penetrations of fire barriers where any of the
following apply:
1. Penetrations are tested in accordance with ASTM E 119 as part of the fire-resistance
rated assembly.
2. Ducts are used as part of an approved smoke control system in accordance with Section
909 and where the use of a fire damper would interfere with the operation of a smoke
control system.
3. Such walls are penetrated by ducted HVAC systems, have a required fire-resistance
rating of 1 hour or less, are in areas of other than Group H and are in buildings equipped
throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and
903.3.1.2. For the purposes of this exception, a ducted HVAC system shall be a duct
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system for conveying supply, return or exhaust air as part of the structure’s HVAC
system. Such a duct system shall be constructed of sheet steel not less than 26 gage
thickness and shall be continuous from the air-handling appliance or equipment to the air
outlet and inlet terminals.
4. In the duct penetration of the separation between the private garage and its residence when
constructed in accordance with Section 406.1.4, Exception 2.
Section 901. Section 901 “General” of Chapter 9 “Fire Protection Systems” of the 2006
International Building Code is amended by adding Section 901.6.1.1 to read as follows:
901.6.1.1 Standpipe testing. Building owners/managers must utilize a licensed fire protection
contractor to test and certify standpipe systems. In addition to the testing and maintenance
requirements of NFPA 25 applying to standpipe systems, the following additional requirements
shall be applied to the testing that is required every 5 years:
1. The piping between the Fire Department Connection (FDC) and the standpipe shall be
hydrostatically tested for all FDCs on any type of standpipe system. Hydrostatic testing
shall also be conducted in accordance with NFPA 25 requirements for the different types
of standpipe systems.
2. For any manual (dry or wet) standpipe system not having an automatic water supply
capable of flowing water through the standpipe, the contractor shall connect hose from a
fire hydrant or portable pumping system (as approved by the fire code official) to each
FDC, and flow water through the standpipe system to the roof outlet to verify that each
inlet connection functions properly. There is no required pressure criteria at the outlet.
Verify that check valves function properly and that there are no closed control valves on
the system.
3. Any pressure relief, reducing, or control valves shall be tested in accordance with the
requirements of NFPA 25.
4. If the FDC is not already provided with approved caps, the contractor shall install such
caps for all FDCs. Contact the fire marshal for additional information.
5. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per
“Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance,
Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC § 34.720.
Inspection, Test and Maintenance Service (ITM) Tag”) at the bottom of each standpipe
riser in the building. The tag shall be check-marked as “Fifth Year” for Type of ITM, and
the note on the back of the tag shall read “5 Year Standpipe Test” at a minimum.
6. The contractor shall follow the procedures as required by “Texas Administrative Code,
Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire
Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC” with regard to Yellow Tags and
Red Tags or any deficiencies noted during the testing, including the required notification
of the local authority having jurisdiction (fire marshal).
7. Additionally, records of the testing shall be maintained by the owner and contractor, as
required by the State Rules mentioned above and NFPA 25.
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8. Standpipe system tests where water will be flowed external to the building shall not be
conducted during freezing conditions or during the day prior to expected night time
freezing conditions.
9. Contact the fire marshal for requests to remove existing fire hose from Class II and III
standpipe systems where employees are not trained in the utilization of this fire fighting
equipment. All standpipe hose valves must remain in place and be provided with an
approved cap and chain when approval is given to remove hose by the fire code official.
Section 902.1. Section 902.1 of Section 902 “Definitions” of Chapter 9 “Fire Protection Systems”
of the 2006 International Building Code is amended by changing the definition of “Standpipe, Types
Of” to read as follows:
[F] STANDPIPE, TYPES OF. Standpipe types are as follows:
Automatic dry. A dry standpipe system, normally filled with pressurized air, that is arranged
through the use of a device, such as dry pipe valve, to admit water into the system piping
automatically upon the opening of a hose valve. The water supply for an automatic dry standpipe
system shall be capable of supplying the system demand.
Automatic wet. A wet standpipe system that has a water supply that is capable of supplying the
system demand automatically.
Manual dry. A dry standpipe system that does not have a permanent water supply attached to the
system. Manual dry standpipe systems require water from a fire department pumper to be pumped
into the system through the fire department connection in order to meet the system demand. The
system must be supervised as specified in Section 905.2.
Manual wet. A wet standpipe system connected to a water supply for the purpose of maintaining
water within the system but does not have a water supply capable of delivering the system demand
attached to the system. Manual wet standpipe systems require water from a fire department pumper
(or the like) to be pumped into the system in order to meet the system demand.
Semiautomatic dry. A dry standpipe system that is arranged through the use of a device, such as a
deluge valve, to admit water into the system piping upon activation of a remote control device
located at a hose connection. A remote control activation device shall be provided at each hose
connection. The water supply for a semiautomatic dry standpipe system shall be capable of
supplying the system demand.
Section 903. Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection Systems”
of the 2006 International Building Code is amended by adding Section 903.1.2 to read as follows:
903.1.2 Residential systems. Unless specifically allowed by this code or the 2006 International
Fire Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall
not be recognized for the purposes of exceptions or reductions, commonly referred to as “trade-
offs,” permitted by other requirements of this code.
Section 903.2. Section 903.2 of Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire
Protection Systems” of the 2006 International Building Code is amended to read as follows:
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[F] 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures
shall be provided in the locations described in this section.
Section 903.2.1.1. Section 903.2.1.1 of Section 903 “Automatic Sprinkler Systems” of Chapter 9
“Fire Protection Systems” of the 2006 International Building Code is amended to read as follows:
[F] 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1
occupancies where one of the following conditions exists:
1. A new building or addition exceeds 6,000 square feet or the aggregate fire area exceeds
12,000 square feet;
2. The fire area has an occupant load of 300 or more;
3. The fire area is located on a floor other than the level of exit discharge; or
4. The fire area contains a multi-theater complex.
5,000 square feet;
2. The fire area has an occupant load of 100 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
12,000 square feet;
Exception: Areas used exclusively as participant sports areas (actual playing area) where
the main floor area is located at the same level as the level of exit discharge of the main
entrance and exit.
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12,000 square feet;
Exception: Areas used exclusively as participant sports areas where the main floor area is
located at the same level as the level of exit discharge of the main entrance and exit.
Section 903.2.2. Section 903.2.2 of Section 903 “Automatic Sprinkler Systems” of Chapter 9
[F] 903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupancies as
follows:
20,000 square feet; or
2. Throughout every portion of educational buildings below the level of exit discharge.
Exception: An automatic sprinkler system is not required in any fire area or area below the
level of exit discharge where every classroom throughout the building has at least one exterior
exit door at ground level.
[F] 903.2.3 Group F-1. An automatic sprinkler system shall be provided throughout all buildings
containing a Group F-1 occupancy where one of the following conditions exists:
1. The building exceeds 6,000 square feet;
2. The fire area is located more than three stories above grade; or
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines,
exceeds 6,000 square feet.
[F] 903.2.5 Group I. An automatic sprinkler system shall be provided throughout all buildings
with a Group I fire area.
Exception: An automatic fire sprinkler system installed in accordance with Section 903.3.1.2
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or 903.3.1.3 shall be allowed in Group I-1 Residential Board and Care facilities not otherwise
required to comply with NFPA 13. Sprinkler systems must provide complete sprinkler
protection in all living areas, sleeping areas, closets, bathrooms, hallways, stairways, meeting
and community rooms, and similar areas and be enhanced with a fire department connection,
attic protection, and monitoring by a central station and shall be maintained in proper working
condition at all times the facility is occupied by any person.
[F] 903.2.6 Group M. An automatic sprinkler system shall be provided throughout buildings
containing a Group M occupancy where one of the following conditions exists:
3. The combined area of all Group M fire areas on all floors, including any mezzanines,
[F] 903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings
containing a Group S-1 occupancy where one of the following conditions exists:
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines,
[F] 903.2.8.1 Repair garages. An automatic sprinkler system shall be provided throughout all
buildings used as repair garages in accordance with the International Building Code, as follows:
1. The building exceeds 6,000 square feet; or
2. A building with a repair garage servicing vehicles parked in a basement.
Section 903. Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection Systems”
of the 2006 International Building Code is amended by adding Section 903.2.8.3 to read as follows:
903.2.8.3 Self-service storage facility. An automatic sprinkler system shall be installed

throughout all self-service storage facilities.
Exception: One-story self-service storage facilities not exceeding 6,000 square feet total
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building area or fire area that have no interior corridors, with a one-hour fire barrier
separation wall installed between every storage compartment.
Section 903.2.10. Section 903.2.10 Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire
Protection Systems” of the 2006 International Building Code are amended to read as follows:
[F] 903.2.10 All occupancies except Groups R-3 and U. An automatic sprinkler system shall be
installed in the locations set forth in Sections 903.2.10.1 through 903.2.10.1.3.
Section 903.2.10.3. Section 903.2.10.3 Section 903 “Automatic Sprinkler Systems” of Chapter 9
“Fire Protection Systems” of the 2006 International Building Code are amended to read as follows:
[F] 903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be
installed throughout buildings with a floor level, other than penthouses in compliance with
Section 1509, that is located 35 feet or more above the lowest level of fire department vehicle
access.
Exception: Open parking structures in compliance with Section 406.3.
Section 903. Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection Systems” of
the 2006 International Building Code is amended by adding Sections 903.2.10.4 through 903.2.10.6 to
read as follows:
903.2.10.4 High-piled combustible storage. For any building with a clear height exceeding 12
feet, see Chapter 23 of the International Fire Code to determine if those provisions apply.
903.2.10.5 Spray booths and rooms. New and existing spray booths and spraying rooms shall
be protected by an approved automatic fire-extinguishing system.
903.2.10.6 Buildings over 6,000 sq. ft. An automatic sprinkler system shall be installed
throughout all buildings with a building area over 6,000 square feet. For the purpose of this
provision, fire walls shall not define separate buildings.
Exceptions:
1. Open parking garages in compliance with Section 406.3.
2. Group A-5 occupancies.
Section 903.3.1.1.1. Section 903.3.1.1.1 of Section 903 “Automatic Sprinkler Systems” of Chapter
9 “Fire Protection Systems” of the 2006 International Building Code is amended to read as follows:
[F] 903.3.1.1.1 Exempt locations. When approved by the code official, automatic
sprinklers shall not be required in the following rooms or areas where such rooms or areas
are protected with an approved automatic fire detection system, in accordance with Section
907.2, that will respond to visible or invisible particles of combustion. Sprinklers shall not
be omitted from any room merely because it is damp, of fire-resistance-rated construction,
or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a serious
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life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the code official.
3. Generator and transformer rooms, under the direct control of a public utility,
separated from the remainder of the building by walls and floor/ceiling or
roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.
[F] 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to
and including four stories in height, but having no floor used for human occupancy more than
55 feet above the lowest level of fire department vehicle access, automatic sprinkler systems
shall be installed throughout in accordance with NFPA 13R. However, for the purposes of
exceptions or reductions permitted by other requirements of this code, see Section 903.2.
Section 903.3.1.2.1 of Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection
Systems” of this code is amended to read as follows:
[F] 903.3.1.2.1 Balconies. Sprinkler protection shall be provided for exterior balconies and
ground floor patios. Side wall sprinklers that are used to protect such areas shall be
permitted to be located such that their deflectors are within 1 inch to 6 inches below the
structural members, and a maximum distance of 14 inches below the deck of the exterior
balconies that are constructed of open wood joist construction.
“Fire Protection Systems” of the 2006 International Building Code is amended by adding the second
paragraph to read as follows:
[F] 903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this
section and the standards referenced in Section 903.3.1. The potable water supply shall be protected
against backflow in accordance with the requirements of this section and the International
Plumbing Code.
Water supply as required for such systems shall be provided in conformance with the supply
requirements of the respective standards; however, every fire protection system shall be designed
with a 5 psi safety factor.
“Fire Protection Systems” of the 2006 International Building Code is amended by adding Section
903.3.7 to read as follows:
[F] 903.3.7 Fire department connections. The number, size, and location of all fire department
connections on any fire protection system shall be as approved by the fire code official. All
combined standpipe systems shall be equipped with a minimum of one four-way fire department
connection. Combined standpipe systems with three or more standpipes or any system in excess of
1,000 gpm system demand shall be provided with not less than two four-way fire department
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connections. All fire department connections shall be interconnected in a manner that allows any
system in the building to be supplied by any or all of those fire department connections. All high-
rise buildings shall have not less than two four-way fire department connections. All fire
department connections shall be located on a street front or fire lane and not less than 18 inches nor
more than 4 feet above grade and shall be equipped with approved substantial plugs or caps. All
fire department connections shall be protected against mechanical injury and shall be visible and
accessible. The location of fire department connections shall be as approved by the fire department,
and shall not exceed 45 feet from a dedicated street or approved designated fire lane. In high-rise
buildings having two or more zones, a minimum of two fire department connections shall be
provided for each zone.
Section 903.4. Section 903.4 of Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire
[F] 903.4 Sprinkler system monitoring and alarms. All valves controlling the water supply for
automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and
water-flow switches on all sprinkler systems shall be electrically supervised.
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler
system and shall cause an alarm upon detection of water flow for more than 45 seconds and no longer than
90 seconds.
All control valves in the sprinkler and standpipe systems except for fire department hose connection
valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.
Preaction solenoid valves shall be of the type that when power is lost or the actuator is removed, the
valve will open and introduce water into the sprinkler piping.
Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
2. Limited area systems serving fewer than 20 sprinklers.
3. Automatic sprinkler systems installed in accordance with NFPA 13R where a common
supply main is used to supply both domestic water and the automatic sprinkler systems and
a separate shutoff valve for the automatic sprinkler system is not provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Control valves to commercial kitchen hoods, paint spray booths, or dip tanks that are sealed
or locked in the open position.
6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open
position.
7. Trim valves to pressure switches in dry, preaction, and deluge sprinkler systems that are
sealed or locked in the open position.
Section 903.4.3. Section 903.4.3 of Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire
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[F] 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided
at the point of connection to the riser on each floor in all buildings 2 stories or more.
Exception: Group R occupancies 3 stories or less.
Section 905.2. Section 905.2 of Section 905 “Standpipe Systems” of Chapter 9 “Fire Protection
Systems” of the 2006 International Building Code is amended to read as follows:
[F] 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section
and NFPA 14. Manual dry standpipe systems shall have a minimum of 10 psig and a maximum of 40
psig air pressure with a high/low alarm supervisory signal sent to an approved fire alarm system.
Section 905. Section 905 “Standpipe Systems” of Chapter 9 “Fire Protection Systems” of the
2006 International Building Code is amended by adding Section 905.3.8 to read as follows:
[F] 905.3.8 Building area. In buildings exceeding 10,000 square feet in area per story, Class I
automatic wet or manual wet standpipes shall be provided where any portion of the building’s
interior area is more than 200 feet of travel, vertically and horizontally, from the nearest point of
fire department vehicle access.
Exception: Automatic dry and semi-automatic dry standpipes are allowed as provided for in
NFPA 14.
[F] 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall
be provided in all of the following locations:
1. In every required stairway, a hose connection shall be provided for each floor level above or
below grade. Hose connections shall be located at the floor level landing, unless otherwise
approved by the fire code official.
2. On each side of the wall adjacent to the exit opening of a horizontal exit.
3. In every exit passageway at the entrance from the exit passageway to other areas of a building.
4. In covered mall buildings, adjacent to each exterior public entrance to the mall and adjacent to
each entrance from an exit passageway or exit corridor to the mall.
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent
slope), each standpipe shall be provided with a two-way hose connection located either on the
roof or at the highest landing of stairways with stair access to the roof. An additional hose
connection shall be provided at the top of the most hydraulically remote standpipe for testing
purposes.
6. Where the most remote portion of a non-sprinklered floor or story is more than 150 feet from a
hose connection or the most remote portion of a sprinklered floor or story is more than 200 feet
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from a hose connection, the fire code official is authorized to require that additional hose
connections be provided in approved locations.
2006 International Building Code is amended by deleting Section 905.5 “Location of Class II standpipe
hose connections”; Section 905.5.1 “Groups A-1 and A-2”; Section 905.5.2 “Protection”; and Section
905.5.3 “Class II system 1-inch hose.”
2006 International Building Code is amended by adding Section 905.6.3 to read as follows:
[F] 905.6.3 Groups A-1 and A-2. In Group A-1 and A-2 occupancies with occupant loads of more
than 1,000 persons, hose connections shall be located on each side of any stage, on each side of the
rear of the auditorium, on each side of the balcony, and on each tier of dressing rooms.
[F] 905.9 Valve supervision. Valves controlling water supplies shall be supervised in the open
position so that a change in the normal position of the valve will generate a supervisory signal at the
supervising station required by Section 903.4. Where a fire alarm system is provided, a signal shall
also be transmitted to the control unit.
Exceptions:
1. Valves to underground key or hub valves in roadway boxes provided by the municipality or
public utility do not require supervision.
2. Valves locked in the normal position and inspected as provided in this code in buildings not
equipped with a fire alarm system.
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All
control valves in the sprinkler and standpipe systems except for fire department hose connection valves
shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.
Section 907. Section 907 “Fire Alarm and Detection Systems” of Chapter 9 “Fire Protection
Systems” of the 2006 International Building Code is amended by adding Section 907.1.3 to read as
follows:
907.1.3 Design standards. All new or replacement alarm systems serving 50 or more alarm
actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75
smoke detectors or more than 200 total alarm activating devices shall be analog intelligent
addressable fire detection systems.
Exception: Existing systems need not comply unless the total building remodel or expansion
initiated after April 1, 1998, exceeds 30 percent of the building. When cumulative building
remodel or expansion exceeds 50 percent of the building, the building must comply with the
requirements of this code within 18 months of permit application.
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Section 907.2.1. Section 907.2.1 of Section 907 “Fire Alarm and Detection Systems” of Chapter 9
[F] 907.2.1 Group A. A manual fire alarm system shall be installed in Group A occupancies
having an occupant load of 300 or more persons or more than 100 persons above or below the
lowest level of exit discharge. Portions of Group E occupancies occupied for assembly purposes
shall be provided with a fire alarm system as required for the Group E occupancy.
[F] 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational
occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or
detectors shall be connected to the building fire alarm system. An approved smoke detection
system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100
feet of open space, all buildings, whether portable buildings or the main building, will be
considered one building for alarm occupant load consideration and interconnection of alarm
systems.
Exceptions:
1. Group E educational and day care occupancies with an occupant load of less than 50
when provided with an approved automatic sprinkler system.
1.1. Residential in-home day care with not more than 12 children may use
interconnected single station detectors in all habitable rooms. (For care of more
than five children 2-1/2 or less years of age, see Section 907.2.6.)
2. Manual fire alarm boxes are not required in Group E occupancies where all the
following apply:
2.1. Interior corridors are protected by smoke detectors with alarm verification.
2.2. Auditoriums, cafeterias, gymnasiums, and the like are protected by heat detectors
or other approved detection devices.
2.3. Shops and laboratories involving dusts or vapors are protected by heat detectors or
other approved detection devices.
2.4. Off-premises monitoring is provided.
2.5. The capability to activate the evacuation signal from a central point is provided.
2.6. In buildings where normally occupied spaces are provided with a two-way
communication system between such spaces and a constantly attended receiving
station from where a general evacuation alarm can be sounded, except in locations
specifically designated by the fire code official.
Section 907.2.12. Section 907.2.12 of Section 907 “Fire Alarm and Detection Systems” of Chapter
9 “Fire Protection Systems” of the 2006 International Building Code is amended to read as follows:
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[F] 907.2.12 High-rise buildings. Buildings having any floor used for human occupancy located
more than 75 feet above the lowest level of fire department vehicle access shall be provided with an
automatic fire alarm system and an emergency voice/alarm communication system in accordance
with Section 907.2.12.2.
Exceptions:
1. Airport traffic control towers in accordance with Sections 412 and 907.2.22.
2. Open parking garages in accordance with Section 406.3.
3. Buildings with an occupancy in Group A-5 when used for open air seating; however,
this exception does not apply to accessory uses including, but not limited to, sky boxes,
restaurants, and similarly enclosed areas.
4. Low-hazard special occupancies in accordance with Section 503.1.1.
5. Buildings with an occupancy in Group H-1, H-2, or H-3 in accordance with Section 415.
Section 907.3. Section 907.3 of Section 907 “Fire Alarm and Detection Systems” of Chapter 9
[F] 907.3 Manual fire alarm boxes. Manual fire alarm boxes shall be installed in accordance with
Sections 907.3.1 through 907.3.5. Manual alarm actuating devices shall be an approved double action
type.
Section 907. Section 907 “Fire Alarm and Detection Systems” of Chapter 9 “Fire Protection
Systems” of the 2006 International Building Code is amended by adding Section 907.6.1 to read as
follows:
907.6.1 Installation. All fire alarm systems shall be installed in such a manner that a failure of any
single initiating device or single open in an initiating circuit conductor will not interfere with the
normal operation of other such devices. All initiating circuit conductors shall be Class “A” wired
with a minimum of 6 feet separation between supply and return circuit conductors. IDC – Class
“A” Style D; SLC - Class “A” Style 6; NAC - Class “B” Style Y. The IDC from an addressable
device used to monitor the status of a suppression system may be wired Class B, Style B, provided
the distance from the addressable device is within 10 feet of the suppression system device.
[F] 907.8.1 Zoning indicator panel. When two or more alarm zones are required, there shall be a
remote zoning indicator panel installed inside the main entrance of all buildings, in a location
approved by the Fire Chief. The visual zone indication shall lock in until the system is reset and
shall not be canceled by the operation of the audible-alarm silencing switch.
Exception: A zoning indicator panel is not required when the main control unit approved to be
installed inside the main entrance of the building or when the monitoring system is for the fire
sprinkler system only.
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When duct detectors are installed, readily visible indicator lights in the immediate area of the
detector shall be required.
[F] 907.10 Fire safety functions. Automatic fire detectors utilized for the purpose of performing fire
safety functions shall be connected to the building’s fire alarm control panel where a fire alarm system
is required by Section 907.2. Detectors shall, upon actuation, perform the intended function and
activate the alarm notification appliances or activate a visible and audible supervisory signal at a
constantly attended location. In buildings not required to be equipped with a fire alarm system, the
automatic fire detector shall be powered by normal electrical service and, upon actuation, perform the
intended function. The detectors shall be located in accordance with NFPA 72. A heat detector
connected to the building fire alarm system shall be provided in elevator shafts. Activation of this heat
detector shall initiate the elevator recall functions.
[F] 907.11 Duct smoke detectors. Duct smoke detectors shall be connected to the building’s fire
alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall
initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors
shall not be used as a substitute for required open-area detection. When duct detectors are installed,
readily visible indicator lights in the immediate area of the detector shall be required.
[F] 907.14 Monitoring. Fire alarm systems required by this chapter or the International Fire Code
shall be monitored by an approved listed central station in accordance with NFPA 72. Existing fire
alarm systems in existing Groups R-1 and R-2 occupancies shall comply with this provision within 18
months of adoption of this code.
Exception: Supervisory service is not required for:
1. Single- and multiple-station smoke alarms required by Section 907.2.10.
2. Smoke detectors in Group I-3 occupancies.
3. Automatic sprinkler systems in one- and two-family dwellings.
Section 910.1. Section 910.1 of Section 910 “Smoke and Heat Vents” of Chapter 9 “Fire Protection
Systems” of the 2006 International Building Code is amended by changing exception 2 to read as
follows:
[F] 910.1 General. Where required by this code or otherwise installed, smoke and heat vents, or
mechanical smoke exhaust systems, and draft curtains shall conform to the requirements of this section.
Exceptions:
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1. Frozen food warehouses used solely for storage of Class I and II commodities where
protected by an approved automatic sprinkler system.
2. Where areas of buildings are equipped with early suppression fast-response (ESFR)
sprinklers, only manual smoke and heat vents shall be required within these areas.
Section 910.3.2. Section 910.3.2 of Section 910 “Smoke and Heat Vents” of Chapter 9 “Fire
[F] 910.3.2. Vent operation. Smoke and heat vents shall be approved and labeled and shall be
capable of being operated by approved manual means only.
Section 910.3.2.2. Section 910.3.2.2 of Section 910 “Smoke and Heat Vents” of Chapter 9 “Fire
[F] 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an approved
automatic sprinkler system, smoke and heat vents shall be designed to operate manually.
Section 910.3.2.3. Section 910.3.2.3 of Section 910 “Smoke and Heat Vents” of Chapter 9 “Fire
[F] 910.3.2.3. Nonsprinklered buildings. Where installed in buildings not provided with an
approved automatic sprinkler system, smoke and heat vents shall operate manually.
Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1.
Section 1004.1.1. Section 1004.1.1 of Section 1004 “Occupant Load” of Chapter 10 “Means of
Egress” of the 2006 International Building Code is amended in its entirety to read as follows:
1004.1.1 Areas without fixed seating. The number of occupants shall be computed at the rate of
one occupant per unit of area as prescribed in Table 1004.1.1. For areas without fixed seating, the
occupant load shall not be less than that number determined by dividing the floor area under
consideration by the occupant per unit of area factor assigned to the occupancy as set forth in Table
1004.1.1. Where an intended use is not listed in Table 1004.1.1, the building official shall establish
a use based on a listed use that most nearly resembles the intended use.
Section 1008.1.2. Section 1008.1.2 of Section 1008 “Doors, Gates and Turnstiles” of Chapter 10
“Means of Egress” of the 2006 International Building Code is amended to read as follows:
1008.1.2 Door swing. Egress doors shall be of the pivoted, balanced, or side-hinged swinging type.
Exceptions:
1. Private garages, office areas, factory, and storage areas with an occupant load of 10 or
less.
2. Group I-3 occupancies used as a place of detention.
3. Critical or intensive care patient rooms within suites of health care facilities.
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4. Doors within or serving a single dwelling unit in Groups R-2 and R-3.
5. In other than Group H occupancies, revolving doors complying with Section 1008.1.3.1.
6. In other than Group H occupancies, horizontal sliding doors complying with Section
1008.1.3.3 are permitted in a means of egress.
7. Power-operated doors in accordance with Section 1008.1.3.2.
8. Doors serving a bathroom within an individual sleeping unit in Group R-1.
Doors shall swing in the direction of egress travel where serving an occupant load of 50 or more
persons or a Group H occupancy.
The opening force for interior side-swinging doors without closers shall not exceed a 5-pound
force. For other side-swinging, sliding, and folding doors, the door latch shall release when
subjected to a 15-pound force. The door shall be set in motion when subjected to a 30-pound force.
The door shall swing to a full-open position when subjected to a 15-pound force. Forces shall be
applied to the latch side.
Section 1008.1.3.4. Section 1008.1.3.4 of Section 1008 “Doors, Gates And Turnstiles” of
Chapter 10 “Means of Egress” of the 2006 International Building Code is amended to read as follows:
1008.1.3.4 Access-controlled egress doors. Doors in a means of egress in buildings with an

occupancy in Group A, B, E, M, R-1, or R-2 are permitted to be equipped with an approved
entrance and egress access control system which shall be installed in accordance with all of the
following criteria:
1. A sensor shall be provided on the egress side arranged to detect an occupant

approaching the doors. The doors shall be arranged to unlock by a signal from or loss of
power to the sensor.
Exception: A sensor shall not be required where:
a. The building is equipped throughout with an automatic sprinkler system,
b. The unlocking device required in Item 3 is located within 12 inches of the

unhinged side of a single door or within 6 inches of the hinged side of double
doors, or
c. Smoke detection required in Item 5 is provided within 5 feet of both sides of

the door.
2. Loss of power to that part of the access control system which locks the doors shall
automatically unlock the doors.
3. The doors shall be arranged to unlock from a manual unlocking device located 40 inches
to 48 inches vertically above the floor and within 5 feet of the secured doors. The
manual unlocking device shall be 1-1/2 inch mushroom type red button. Ready access
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shall be provided to the manual unlocking device and the device shall be clearly
identified by a sign that reads “PUSH TO EXIT” in letters 1 inch high with a stroke of
1/8 inch on a contrasting background. When operated, the manual unlocking device
shall result in direct interruption of power to the lock—independent of the access control
system electronics—and the doors shall remain unlocked for a minimum of 30 seconds.
4. Entrance doors in buildings with an occupancy in Groups A, B, E, or M shall not be
secured from the egress side during periods that the building is open to the general
public.
5. A smoke detector tied to the building fire alarm system shall be provided within 5 feet of
the egress side of doors equipped with access control devices. Activation of the building
fire alarm system shall automatically unlock the doors, and the doors shall remain
unlocked until the fire alarm system has been reset.
6. Where the door is equipped with manual panic hardware that simultaneously, without
delay, releases all locks/latches securing the door, the sensor in Item 1, the manual
unlocking device in Item 3, and the smoke detector in Item 5 are not required.
Section 1008.1.8.6. Section 1008.1.8.6 of Section 1008 “Doors, Gates And Turnstiles” of Chapter
10 “Means of Egress” of the 2006 International Building Code is amended to read as follows:
1008.1.8.6 Delayed egress locks. Approved, listed, delayed egress locks shall be permitted
to be installed on doors serving any occupancy except Group A, E, and H occupancies in
buildings that are equipped throughout with an automatic sprinkler system in accordance
with Section 903.3.1.1 or an approved automatic smoke or heat detection system installed in
accordance with Section 907, provided that the doors unlock in accordance with Items 1
through 7 below. A building occupant shall not be required to pass through more than one
door equipped with a delayed egress lock before entering an exit.
1. The doors unlock upon actuation of the automatic sprinkler system or automatic fire
detection system.
2. The doors unlock upon loss of power controlling the lock or lock mechanism.
3. The door locks shall have the capability of being unlocked by a signal from the fire
command center.
4. The initiation of an irreversible process which will release the latch in not more than
15 seconds when a force of not more than 15 pounds is applied for 1 second to the
release device. Initiation of the irreversible process shall activate an audible signal
in the vicinity of the door. Once the door lock has been released by the application
of force to the releasing device, relocking shall be by manual means only.
Exception: Where approved, a delay of not more than 30 seconds is permitted.
5. A sign shall be provided on the door located above and within 12 inches of the
release device reading: PUSH UNTIL ALARM SOUNDS. DOOR CAN BE
OPENED IN 15 [30] SECONDS.
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6. Emergency lighting shall be provided at the door.
7. Release device shall be panic hardware.
Section 1017.1. Section 1017.1 of Section 1017 “Corridors” of Chapter 10 “Means of Egress” of
the 2006 International Building Code is amended to read as follows:
1017.1 Construction. Corridors shall be fire-resistance rated in accordance with Table 1017.1. The
corridor walls required to be fire-resistance rated shall comply with Section 708 for fire partitions.
Exceptions:
1. A fire-resistance rating is not required for corridors in an occupancy in Group E where each
room that is used for instruction has at least one door opening directly to the exterior and
rooms for assembly purposes have at least one-half of the required means of egress doors
opening directly to the exterior. Exterior doors specified in this exception are required to be
at ground level.
2. A fire-resistance rating is not required for corridors contained within a dwelling or sleeping
unit in an occupancy in Group R.
3. A fire-resistance rating is not required for corridors in open parking garages.
4. A fire-resistance rating is not required for corridors in an occupancy in Group B which is a

space requiring only a single means of egress complying with Section 1015.1.
5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive
construction within office spaces of a single tenant when the space is equipped with an
approved automatic fire alarm system within the corridor. The actuation of any detector
shall activate alarms audible in all areas served by the corridor.
Section 1020.1.7. Section 1020.1.7 of Section 1020 “Vertical Exit Enclosures” of Chapter 10
“Means of Egress” of the 2006 International Building Code is amended to read as follows:
1020.1.7 Smokeproof enclosures. In buildings required to comply with Section 403 or 405, each
of the exits of a building that serves a story where the floor surface is located more than 75 feet
above the lowest level of fire department vehicle access or more than 30 feet below the level of exit
discharge serving such floor levels shall be a smokeproof enclosure or pressurized stairway in
accordance with Section 909.20.
Section 1101.2. Section 1101.2 of Section 1101 “General” of Chapter 11 “Accessibility” of the
1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in
accordance with this code and ICC A117.1.
Exception: Buildings regulated under state law and built in accordance with state certified plans,
including any variances or waivers granted by the state, shall be deemed to be in compliance with
the requirements of this chapter.
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Section 1109.2.1. Section 1109.2.1 of Section 1109 “Other Features and Facilities” of Chapter 11
“Accessibility” of the 2006 International Building Code is amended to read as follows:
1109.2.1 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible
unisex toilet room shall be provided where an aggregate of six or more male or female water closets
are provided. In buildings of mixed occupancy, only those water closets required for the assembly
or mercantile occupancy shall be used to determine the unisex toilet room requirement. In
recreational facilities where separate-sex bathing rooms are provided, an accessible unisex bathing
room shall be provided. Fixtures located within unisex toilet and bathing rooms shall be included in
determining the number of fixtures provided in an occupancy.
Exception: Where each separate-sex bathing room has only one shower or bathtub fixture, a
unisex bathing room is not required.
Section 1210.2. Section 1210.2 of Section 1210 “Surrounding Materials” of Chapter 12 “Interior
Environment” of the 2006 International Building Code is amended to read as follows:
1210.2 Walls. Walls within 2 feet of urinals and water closets shall have a smooth, hard, nonabsorbent
surface, to a height of 4 feet above the floor, and except for structural elements, the materials used in
such walls shall be of a type that is not adversely affected by moisture.
Exceptions:
1. Dwelling units and sleeping units.
2. Toilet rooms that are not accessible to the public and which have not more than one water
closet, provided that walls around urinals comply with the minimum surrounding material
specified by Section 419.3 of the International Plumbing Code.
Accessories such as grab bars, towel bars, paper dispensers, and soap dishes, provided on or within
walls, shall be installed and sealed to protect structural elements from moisture.
Section 1405. Section 1405 “Installation of Wall Coverings” of Chapter 14 “Exterior Walls” of the
2006 International Building Code is amended by adding Section 1405.3.2.1 to read as follows:
1405.3.2.1 Clay brick. Clay brick used outdoors shall meet Grade SW requirements of either
ASTM C 216 or ASTM C 652.
Table 1505.1. Table 1505.1 “Minimum Roof Covering Classification for Types of Construction” of
Section 1505 “Fire Classification” of Chapter 15 “Roof Assemblies and Rooftop Structures” of the
2006 International Building Code is amended by changing footnotes “b” and “c” to read as follows:
b. All individual replacement shingles or shakes shall be in compliance with the rating required by this table.
c. Non-classified roof coverings shall be permitted on buildings of Group U occupancies having not more than 120 square
feet of projected roof area. When exceeding 120 square feet of projected roof area, buildings of Group U occupancies
may use non-rated non-combustible roof coverings.
Section 1505. Section 1505 “Fire Classification” of Chapter 15 “Roof Assemblies and Rooftop
Structures” of the 2006 International Building Code is amended by deleting Section 1505.7 “Special
purpose roofs.”
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Section 1806. Section 1806 “Retaining Walls” of Chapter 18 “Soils and Foundations” of the 2006
International Building Code is amended in its entirety to read as follows:
SECTION 1806
RETAINING WALLS
1806.1 General. Retaining walls shall be designed to ensure stability against overturning, sliding,
excessive foundation pressure, and water uplift. Retaining walls shall be designed for a safety factor of
1.5 against lateral sliding and overturning. Retaining walls shall be designed, inspected, and approved
by a registered structural engineer. Retaining walls which require permits shall not be constructed of
wood.
1806.2 Property restrictions. The proper performance of retaining walls shall not be based on
restrictions or requirements placed on property owners which will require future design or review by
the retaining wall design engineer. Any exposed soil in the vicinity of a retaining wall shall be assumed
to be landscaped and irrigated. Restrictions which may deprive property owners from full use and
enjoyment of property shall not be included in the design or related maintenance requirements of a
retaining wall.
Exception: Restrictions clearly stated in easements which are designated on the subdivision plat of
record.
Section 2308. Section 2308 “Conventional Light-Frame Construction” of Chapter 23 “Wood” of

the 2006 International Building Code is amended by adding Section 2308.2.3 to read as follows:
2308.2.3 Application to engineered design. When accepted by the building official, any portion
of this section is permitted to apply to buildings that are otherwise outside the limitations of this
section provided that:
1. The resulting design will comply with the requirements specified in Chapter 16;
2. The load limitations of various elements of this section are not exceeded; and
3. The portions of this section which will apply are identified by an engineer in the
construction documents.
Section 2901.1. Section 2901.1 of Section 2901 “General” of Chapter 29 “Plumbing Systems” of
the 2006 International Building Code is amended to read as follows:
[P] 2901.1 Scope. The provisions of this chapter and the International Plumbing Code shall govern the
erection, installation, alteration, repairs, relocation, replacement, addition to, use, or maintenance of
plumbing equipment and systems. Plumbing systems and equipment shall be constructed, installed,
and maintained in accordance with the International Plumbing Code. Private sewage disposal systems
shall conform to the International Private Sewage Disposal Code. The provisions of this chapter are
meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code.
Should any conflicts arise between the two chapters, the building official shall determine which
provision applies.
Section 2902.1. Section 2902.1 of Section 2902 “Minimum Plumbing Facilities” of Chapter 29
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“Plumbing Systems” of the 2006 International Building Code is amended to read as follows:
[P] 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of
occupancy and substantially in the number shown in Table 2902.1. Types of occupancies not shown in
Table 2902.1 shall be considered individually by the building official. The number of occupants shall
be determined by this code. Occupancy classification shall be determined in accordance with Chapter
3.
“Plumbing Systems” of the 2006 International Building Code is amended to read as follows:
2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided
for each sex.
Exceptions:
1. Separate facilities shall not be required for dwelling units and sleeping units.
2. Separate facilities shall not be required in food service establishments with a total occupant
load, including both employees and customers, of 15 or less.
3. Separate facilities shall not be required in mercantile occupancies in which the maximum
occupant load is 50 or less.
4. In Groups B, F, H, M and S occupancies, separate facilities shall be provided for each sex
when the number of employees exceeds four.
Section 2902. Section 2902 “Minimum Plumbing Facilities” of Chapter 29 “Plumbing Systems” of
the 2006 International Building Code is amended by adding Section 2902.6 to read as follows:
2902.6 Finish material. Finish materials shall comply with Section 1210.
Section 3109.1. Section 3109.1 of Section 3109 “Swimming Pool Enclosures and Safety Devices”
of Chapter 31 “Special Construction” of the 2006 International Building Code is amended to read as
follows:
3109.1 General. Swimming pools shall comply with the requirements of this section and other
applicable sections of this code. Provisions of this section shall not be deemed to nullify any provisions of
state law or state code.
2006 International Building Code. The 2006 International Building Code is amended by adding
Appendix L “Fee Schedule” and Appendix M “Aircraft Noise Attenuation Requirements” to read as
follows:
APPENDIX L
FEE SCHEDULE
L101 Schedule of fees. The following fees shall be charged for the work shown. Other fees may be
required under other ordinances. In the event that a permit is to be issued for work not shown below, a
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fee shall be charged based upon a category of work shown which most nearly resembles the work
intended. The permit fees listed may be doubled if work is started prior to the permit being issued.
L102 Combination permit fee schedule (building, electrical, plumbing, and mechanical). The
general contractor shall obtain a combination permit for all construction requiring inspection by more
than one trade inspector (Items 1 through 7 below). Subcontractors are not required to obtain separate
permits when serving as the registered subcontractor for a combination permit. Each subcontractor
working under a general contractor’s combination permit shall notify the department of planning
inspections and submit all required information prior to any inspection. Combination permits require
temporary service poles. Separate permits are required for drive approaches, fences, signs, fire
sprinklers, fire alarms, on-site utilities, irrigation systems, retaining walls, etc., unless specifically
included in a listed fee.
Item Fee Type Fee Notes

1 Single family dwelling, Townhouse, Plan review – $0.08 Per square foot of all floor
Duplex, Triplex (new) Permit – $0.31 area under roof. Fee
includes 2 drive approaches
2 Multi-family complex (four or more units) Plan review – See 8 below Each clubhouse, office,
(new or addition) Permit – $380 per unit laundry, etc., shall be
Garages – $60 per vehicle section counted as one unit.
Carports – $30 per vehicle section
3 Residential alterations Permit – $0.24 Per square foot of all floor
Garages (residential detached) Minimum fee – $95 area under roof of construc-
Fire repair (residential or multi-family) tion. Fee shall not exceed
Storage buildings over 400 square feet the fee for comparable space
for new construction
4 Residential additions (any enclosed Plan review – $0.08 Per square foot of all floor
square footage) Permit – $0.31 area under roof
Minimum fee – $208
5 Commercial building Plan review – See 8 below Letter of compliance or
certificate of occupancy
Building area (sq ft) Permit fee: included
Up to 2,500 $ 900
2,501 to 10,000 $ 240 + $0.26/sq ft
10,001 to 50,000 $ 600 + $0.23/sq ft
50,001 to 100,000 $1800 + $0.20/sq ft
100,001 to 300,000 $3000 + $0.19/sq ft
Over 300,000 $6600 + $0.18/sq ft
6 Shell building (includes parking garages Plan review – See 8 below Letter of compliance
and modular buildings) Permit – 80% of permit fee in 5 above included
7 Interior finish, Repairs, or Remodel Plan review – See 8 below Certificate of occupancy
Permit – 50% of permit fee in 5 above included, if required
8 Plan Review: 25% of permit fee In addition to regular permit
-Multi-family/Commercial buildings, new fee
or additions
-Interior finish over 2,500 square feet
9 Plan review fee -- additional (changes, $40 per hour One-hour minimum
revisions, additions)
10 Swimming pools In-ground – $180 Sewer P-trap, gas line, and
Above-ground – $100 electrical for pool
Commercial – $300 equipment is included. New
service requires a separate
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electrical permit.
11 Certificate of occupancy, Restaurant – $180
Certificate of use Auto related use – $130
Day care – $130
All other occupancy types – $95
Change of tenant name or duplicate –
$30
12 Re-inspections $75
13 Drive approaches $48 for first two approaches
$24 for each additional approach
14 Electrical single trade (temporary service $48 Each multi-family unit is
poles, mobile home service, utility considered a separate permit
releases, clean and shows, service changes)
15 Plumbing single trade (water, sewer, gas $48 Each multi-family unit is
service line replacements, water heaters, considered a separate permit
and similar plumbing work)
16 Mechanical single trade (heating, air $48 Each multi-family unit is
conditioning installations or replacements considered a separate permit
and related work)
17 Building single trade $48 Any additional trades or
• Storage buildings greater than 6 feet in work, see elsewhere in this
any dimension up to 400 square feet fee schedule
• Tents greater than 400 square feet
• Canopies greater than 1600 square feet
• Decks higher than 30 inches above grade
• Temporary sales and construction office
trailers
• Demolitions—single family
• Telecommunication antennae
• Flatwork
18 Foundation Repair Fee is per building
Foundation area (square feet)
(total area of each building’s grade-level
foundation)
0-1,500 $ 90
1,501-3,000 $120
3,001-5,000 $150
5,001 and up $180
19 Retaining walls (with over 30 inches in
height of exposed face at any point)
Residential single family, single lot $150
Commercial and all other as follows:
(Length, Linear feet of wall)
Up to 100’ $150
101’ to 200’ $150 + $0.30/ft
201’-350’ $220 + $0.24/ft
Over 350’ $230 + $0.22/ft
20 Re-roofing, Roofing overlay: Fee per structure or building
Single-family, Townhouse $48
Duplex, Triplex $48
Multifamily $60
Commercial $90
21 Fuel tanks, Pumps, Lines (installation, $90
repair, or replacement)
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22 Fuel tank, Pump (removal) $48
23 Fire alarm, Fire sprinkler, Standpipes, $96 + $2.40 per additional similar Per address/suite/unit
Fire control panel device
24 On-Site utilities (storm drain, domestic $60 + $0.06 per linear foot Fee is per utility
water, sanitary sewer, gas line, and fire
main)
25 Fire hydrant (installation or repair) $48 per hydrant
26 Parking lots -- commercial Annual outdoor parking
permit fees provided in
Resurface/Overlay $48
another ordinance
New parking lot $120
27 Solar energy system $65 + $30 per hour for plan review
28 Commercial security (electric door locks) $66 for the first lock + $13 for each
additional lock
29 Record verification, Special services $33 per hour Two-hour minimum. Copy
charge is separate.
30 Construction board of appeals $750 Non-refundable
31 Moved buildings $300 for the first section House-moving permits
$33 for each additional sections
32 Set-up of moved buildings, $48 per trade Additional floor area – see
Manufactured home (move-in) Item 4
Demolitions (single family)
33 Housing-moving case (requiring city $750 Moving a building within
council approval) the city limits (except
schools). Non-refundable
34 Temporary use permit (requiring city $750 Non-refundable
council approval) Good for 6 months
35 Christmas tree, Pumpkin, Firewood $96 Separate permit required for
sales lots tents, signs, electrical, etc.
36 Carnivals, Circuses, Batch plants (and $120 Separate permit required for
similar temporary events not specifically tents, electrical, etc.
covered in another fee item)
37 Snow cone stands $180 Separate permit required for
signs, electrical, etc.
38 After-hours inspection $40 per hour Two-hour minimum
39 Contractor registration: Apartment maintenance
Electrical $120 worker can only perform
Mechanical $120 minor mechanical and
Plumbing $0 plumbing –no gas work)
General $120
Concrete or masonry $120 Plumbing, Fire sprinkler,
Fuel tank $120 and Fire alarm contractors
Irrigation $120 are exempt from registration
Fence $120 fees per state law
House-moving $120
Apartment maintenance worker $120
40 Annual electrical permit $120
41 Irrigation system Residential – $100 Residential is single family
Commercial – $150 and duplex
42 Electric gate controllers $48 for first item
$13 for each additional item
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43 Foundation only permit 10% of regular permit fee In addition to regular fee
44 Investigation fee (for work begun without 100% of regular fee In addition to regular fee
a permit)
APPENDIX M
AIRCRAFT NOISE ATTENUATION REQUIREMENTS
M101.1 Two zones. For the purposes of this code, certain sections of the city are zones subject to
significant noise from aircraft. These zones are the “65-70 DNL noise zone” and the “over 70 DNL noise
zone.”
M101.2 Map. These noise zones shall include such territory or portions of the City as are designated and
shown on the aircraft noise impact map (a copy of which is on file with the building official) and
incorporated into this code and made a part of it for all intents and purposes.
M102.1 Certified plans. The building official shall not issue a building permit for any building or
structure within the noise zones shown on the aircraft noise impact map unless the plans and specifications
accompanying the application for the permit are certified by a bona fide acoustical consultant as meeting
the required noise level reduction standards of this appendix.
M102.2 Noise consultants. Bona fide acoustical noise consultants include members of the National
Council of Acoustical Consultants and others who are approved by the building official, such approval
being based on the demonstration of competence and credentials in the area of architectural acoustics.
M102.3 Building intrusion in a noise zone. A building or structure which is located partly within a noise
zone and partly without or located partly within one (1) noise zone and partly within another noise zone
shall be considered within the most restrictive of the noise zones within which it is located for purposes of
this appendix.
M103.1 Noise reductions standards. Plans for the construction of buildings or structures within noise
zones shall be certified as achieving at least the outdoor to indoor noise level reductions as measured in
decibels within the building as follows:
65-70 DNL Over 70 DNL

Building Use Noise Zone Noise Zone
Residential:
Residential within each unit 25 30
including transient lodgings
Public Use:
Schools, hospitals, and nursing 25 30
homes
SECTION 3. That Section 8-6 “International Residential Code” of Chapter 8 of Development

Sec. 8-6. International Residential Code.
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(a) Residential Building Code. The 2003 and 2006 editions of the International Residential
Code with amendments, modifications, and deletions as specified in this section are adopted as the
residential building code for the City of Irving, Texas.
(b) Amendments, modifications, and deletions to the 2003 International Residential Code.
Amendments, modifications, and deletions to the 2003 International Residential Code are adopted as
follows:
Section R313. Section R313 “Smoke Alarms” of Chapter 3 “Building Planning” of the 2003
International Residential Code is amended in its entirety to read as follows:
SECTION R313
FIRE PROTECTION SYSTEMS
[F] R313.1 Smoke alarms. Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basements but not including crawl spaces
and uninhabitable attics. In dwellings or dwelling units with split levels and without an
intervening door between the adjacent levels, a smoke alarm installed on the upper level shall
suffice for the adjacent lower level provided that the lower level is less than one full story below
the upper level.
When more than one smoke alarm is required to be installed within an individual dwelling unit the
alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all
of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background
noise levels with all intervening doors closed.
All smoke alarms shall be listed and installed in accordance with the provisions of this code and the
household fire warning equipment provisions of NFPA 72.
[EB] R313.1.1 Alterations, repairs, and additions. When interior alterations, repairs, or additions
requiring a permit occur, or when one or more sleeping rooms are added or created in existing
dwellings, the individual dwelling unit shall be provided with smoke alarms located as required for
new dwellings; the smoke alarms shall be interconnected and hard wired.
[F] R313.2 Power source. In new construction, the required smoke alarms shall receive their primary
power from the building wiring when such wiring is served from a commercial source, and when
primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and
without a disconnecting switch other than those required for overcurrent protection. Smoke alarms
shall be permitted to be battery operated when installed in buildings without commercial power or in
buildings that undergo alterations, repairs, or additions regulated by Section R313.1.1.
R313.3 Buildings over 6,000 square feet. An automatic sprinkler system shall be installed
throughout:
1. Any building with a building area over 6,000 square feet, or
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2. Attached buildings on the same or separate lots or tracts with an aggregate area of over 6,000
square feet.
Fire walls shall not define separate buildings.
2003 International Residential Code. The 2003 International Residential Code is amended by
deleting all sections except for Section R313.
(c) Amendments, modifications, and deletions to the 2006 International Residential Code.
Amendments, modifications, and deletions to the 2006 International Residential Code are adopted as
follows:
Section R101.1. Section R101.1 of Section R101 “Title, Scope and Purpose” of Chapter 1
“Administration” of the 2006 International Residential Code is amended to read as follows:
R101.1 Title. These regulations shall be known as the Residential Code for One- and Two-Family
Dwellings of the City of Irving, Texas, hereinafter referred to as “this code” or “IRC.”
Section R102.4. Section R102.4 of Section R102 “Applicability” of Chapter 1 “Administration” of

the 2006 International Residential Code is amended to read as follows:
R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards
referenced in this code shall be considered part of the requirements of this code to the prescribed extent
of each such reference. Whenever amendments have been adopted to the referenced codes and
standards, each reference to said code and standard shall be considered to reference the amendments as
well. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as
adopted. Where differences occur between provisions of this code and referenced codes and standards,
the provisions of this code shall apply.
Exception: Where enforcement of a code provision would violate the conditions of the listing of
the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply.
Section R102.5. Section R102.5 of Section R102 “Applicability” of Chapter 1 “Administration”

of the 2006 International Residential Code is amended to read as follows:
R102.5 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
Appendix A “Sizing and Capacities of Gas Piping”; Appendix B “Sizing of Venting Systems Serving
Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use with
Type B Vents”; Appendix C “Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems”;
Appendix G “Swimming Pools, Spas and Hot Tubs”; Appendix H “Patio Covers”; Appendix I
“Irrigation Systems” are hereby adopted as amended and shall be considered part of the requirements of
this code. Appendix R "Aircraft Noise Attenuation Requirements" has been added and shall be
considered part of the requirements of this code.
Section R102.7. Section R102.7 of Section R102 “Applicability” of Chapter 1 “Administration”

R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of
this code shall be permitted to continue without change pursuant to the requirements in force at the time
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the structure was built, except as is specifically covered in this code or the International Fire Code, or
as is deemed necessary by the building official for the general safety and welfare of the occupants and
the public.
Section R103.1. Section R103.1 of Section R103 “Department of Building Safety” of Chapter 1
R103.1 Creation of enforcement agency. The department of planning and inspections is hereby
created and the official in charge thereof shall be known as the building official.
Section R105.2. Section R105.2 of Section R105 “Permits” of Chapter 1 “Administration” of the
2006 International Residential Code is amended to read as follows:
R105.2 Work exempt from permit. Exemption from the permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the
following.
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar
uses, not exceeding 6 feet in any dimension (includes height measured from adjacent grade to
the highest point of the roof).
2. Installation or repair of retaining walls that are not over 30” in height of exposed face, unless
supporting a surcharge.
3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the
ratio of height to diameter or width does not exceed 2 to 1.
4. Sidewalks, paving, or driveways which are:
a. On private property;
b. Not more than 30 inches above adjacent grade;
c. Not over any basement or story below;
d. Not located in any required front or street-side yard; and
e. Not exceeding 120 square feet in area if located in a non-street-side or rear yard.
For purposes of this section, the maintenance or repair of pavement existing on October 2, 2008,
and sidewalks on private property not exceeding 4 feet in width and not located in a required
front or street-side yard are exempt from permit.
5. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
6. Prefabricated swimming pools that are less than 24 inches deep.
7. Swings and other playground equipment accessory to a one- or two-family dwelling.
8. Window awnings supported by an exterior wall which do not project more than 54 inches from
the exterior wall and do not require additional support.
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Electrical: In accordance with the National Electrical Code as adopted.
Gas:
1. Portable heating, cooking, or clothes drying appliances.
equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling unit.
4. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this
code.
equipment unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are

actuated by motors of 1 horsepower or less.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
The stopping of leaks in drains, water, soil, waste, or vent pipe; provided, however, that if any
concealed trap, drainpipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary
to remove and replace the same with new material, such work shall be considered as new work and a
permit shall be obtained and inspection made as provided in this code.
The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes, or fixtures.
Section R106.1.1. Section R106.1.1 of Section R106 “Construction Documents” of Chapter 1

R106.1.1 Information on construction documents. Construction documents shall be dimensioned

and drawn upon suitable material. Approved drawings shall be submitted electronically.
Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of
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the work proposed and show in detail that it will conform to the provisions of this code and relevant
laws, ordinances, rules, and regulations, as determined by the building official.
Section R108.2. Section R108.2 of Section R108 “Fees” of Chapter 1 “Administration” of the 2006
International Residential Code is amended to read as follows:
R108.2 Schedule of permit fees. Fees shall be in accordance with Appendix L of the 2006
International Building Code.
Section R108.5. Section R108.5 of Section R108 “Fees” of Chapter 1 “Administration” of the 2006
International Residential Code is amended to read as follows:
R108.5 Refunds. The building official shall authorize the refunding of fees as follows:
The building official shall not authorize the refunding of any fee paid except upon written
application filed by the original permitee not later than 180 days after the date of fee payment.
Section R108. Section R108 “Fees” of Chapter 1 “Administration” of the 2006 International
Residential Code is amended by adding Section R108.6 to read as follows:
R108.6 Work commencing before permit issuance. Any person who commences work on a
building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary
permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees.
Section R109.1.3. Section R109.1.3 of Section R109 “Inspections” of Chapter 1 “Administration”

R109.1.3 Floodplain inspections. For construction in areas prone to flooding as established by

Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further
vertical construction, the building official may require submission of documentation, prepared and
sealed by a registered design professional, of the elevation of the lowest floor, including basement,
required in Section R324.
Chapter 1. Chapter 1 “Administration” of the 2006 International Residential Code is amended by

deleting Section R110 “Certificate of Occupancy.”
Section R112. Section R112 “Board of Appeals” of Chapter 1 “Administration” of the 2006
R112.1 Means of appeal. Any person shall have the right to appeal a decision of the building official
to the construction board of appeals. Residential code appeals shall be handled in accordance with the
provisions set forth in Section 112 of the 2006 International Building Code.
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Section R202. Section R202 “Definitions” of Chapter 2 “Definitions” of the 2006 International
Residential Code is amended by adding the following definitions to read as follows:
AREA, BUILDING. The area included within surrounding exterior walls exclusive of vent shafts and
courts. Areas of the building not provided with surrounding walls shall be included in the building area
if such areas are included within the horizontal projection of the roof or floor above.
CARPORT. A roof projecting from the wall of a building or supported on posts or columns and used
to shelter motor vehicles, boats, camper tops, or trailers.
GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and
including sash, curbing or other framing elements that enclose conditioned space. Glazing area
includes the area of glazed fenestration assemblies in walls bounding conditioned basements. For doors
where the daylight opening area is less that 50 percent of the door area, the glazing area is the daylight
opening area. For all other doors, the glazing area is the rough opening area for the door including the
door and the frame.
Section R202. Section R202 “Definitions” of Chapter 2 “Definitions” of the 2006 International
Residential Code is amended by revising the definition of “Townhouse” to read as follows:
TOWNHOUSE. A single-family dwelling unit constructed in a group of attached units separated by

property lines in which each unit extends from foundation to roof and with open space on at least two
sides.
Table R301.2(1). Table R301.2(1) of Section R301 “Design Criteria” of Chapter 3 “Building
Planning” of the 2006 International Residential Code is amended to read as follows:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND WIND SEISMIC SUBJECT TO DAMAGE FROM

SNOW SPEEDd DESIGN Frost line
a
LOAD (mph) CATEGORYf Weathering depthb Termitec
90 (3-sec-gust)/
2
5 lb/ft 75 fastest mile A Moderate 6” Very heavy
WINTER ICE BARRIER AIR MEAN
DESIGN UNDERLAYMENT FLOOD FREEZING ANNUAL
TEMPe REQUIREDh HAZARDSg INDEXi TEMPj
o
22 F No local code 69oF 64.9oF
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural
requirements of this code. The weathering column shall be filled in with the weathering index (i.e., “negligible,”
“moderate,” or “severe”) for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The
grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216, or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the
frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been
a history of local subterranean termite damage.
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d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure
R301.2(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section
R301.2.1.4.
e. The outdoor design dry-bulb temperature shall be selected from the columns of 97½-percent values for winter from
Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to
reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood
Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the
date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be
amended.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1, and R905.8.3.1, where there
has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table
with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from
Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table “Air Freezing
Index - USA Method (Base 32° Fahrenheit)” at www.ncdc.noaa.gov/fpsf.html.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data
Center data table “Air Freezing Index - USA Method (Base 32° Fahrenheit)” at www.ncdc.noaa.gov/fpsf.html.
Section R302.1. Section R302.1 of Section R302 “Exterior Wall Location” of Chapter 3 “Building
R302.1 Exterior walls. Construction, projections, openings, and penetrations of exterior walls of
dwellings and accessory buildings shall comply with Table R302.1. These provisions shall not apply to
walls, projections, openings, or penetrations in walls that are perpendicular to the line used to determine
the fire separation distance. Projections beyond the exterior wall shall not extend more than 12 inches
into the areas where openings are prohibited.
Exceptions:
1. Detached tool sheds and storage sheds, playhouses, and similar structures exempted from
permits are not required to provide wall protection based on location on the lot. Projections
beyond the exterior wall shall not extend over the lot line.
2. Detached garages accessory to a dwelling located within 2 feet of a lot line are permitted to
have roof eave projections not exceeding 4 inches.
3. Foundation vents installed in compliance with this code are permitted.
4. Open metal carport structures may be constructed within zero (0) feet of the property line
without fire-resistive or opening protection when the location of such is approved as
required by other adopted ordinances.
Section R303.3. Section R303.3 of Section R303 “Light, Ventilation and Heating” of Chapter 3
“Building Planning” of the 2006 International Residential Code is amended to read as follows:
R303.3 Bathrooms. Bathrooms, water closet compartments, and other similar rooms shall be provided
with aggregate glazing area in windows of not less than 3 square feet, one-half of which must be
openable.
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Exceptions: The glazed areas shall not be required where artificial light and a mechanical
ventilation system, complying with one of the following, are provided.
1. The minimum ventilation rates shall be 50 cubic feet per minute for intermittent ventilation
or 20 cubic feet per minute for continuous ventilation. Ventilation air from the space shall
be exhausted directly to the outside.
2. Bathrooms that contain only a water closet, lavatory, or combination thereof may be
ventilated with an approved mechanical recirculating fan or similar device designed to
remove odors from the air.
Section R303.8. Section R303.8 of Section R303 “Light, Ventilation and Heating” of Chapter 3
R303.8 Required heating. Every dwelling unit shall be provided with heating facilities capable of
maintaining a minimum room temperature of 68oF at a point 3 feet above the floor and 2 feet from
exterior walls in all habitable rooms at the design temperature. The installation of one or more portable
space heaters shall not be used to achieve compliance with this section.
Section R309.4. Section R309.4 of Section R309 “Garages and Carports” of Chapter 3 “Building
R309.4 Carports. Carports shall be open on at least two sides. Carports not open on at least two sides
shall be considered a garage and shall comply with the provisions of this section for garages. Carports
shall be designed by a licensed engineer and shall be constructed with either (1) a wood roof deck with
roof coverings in accordance with Chapter 9 of this code or (2) metal roof panels. Carports constructed
using fabric, canvas, vinyl, plastic, fiberglass, and other similar materials are prohibited.
Carport floor surfaces shall be of concrete or asphalt and shall be sloped to facilitate the movement
of liquids to drain to an open side.
Section R311.2.2. Section R311.2.2 of Section R311 “Means of Egress” of Chapter 3 “Building
R311.2.2 Under stair protection. Enclosed accessible space under stairs shall have walls, under
stair surface, and any soffits protected on the enclosed side with 5/8-inch fire-rated gypsum board
or one-hour fire-resistive construction.
Section R313. Section R313 “Smoke Alarms” of Chapter 3 “Building Planning” of the 2006
SECTION R313
FIRE PROTECTION SYSTEMS
R313.1 Smoke alarms. Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
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3. On each additional story of the dwelling, including basements but not including crawl spaces
and uninhabitable attics. In dwellings or dwelling units with split levels and without an
intervening door between the adjacent levels, a smoke alarm installed on the upper level shall
suffice for the adjacent lower level provided that the lower level is less than one full story below
the upper level.
When more than one smoke alarm is required to be installed within an individual dwelling unit the
alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all
of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background
noise levels with all intervening doors closed.
All smoke alarms shall be listed and installed in accordance with the provisions of this code and the
household fire warning equipment provisions of NFPA 72.
R313.1.1 Alterations, repairs, and additions. When interior alterations, repairs, or additions
requiring a permit occur, or when one or more sleeping rooms are added or created in existing
dwellings, the individual dwelling unit shall be provided with smoke alarms located as required for
new dwellings; the smoke alarms shall be interconnected and hard wired.
R313.2 Power source. In new construction, the required smoke alarms shall receive their primary
power from the building wiring when such wiring is served from a commercial source, and when
primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and
without a disconnecting switch other than those required for overcurrent protection. Smoke alarms
shall be permitted to be battery operated when installed in buildings without commercial power or in
buildings that undergo alterations, repairs, or additions regulated by Section R313.1.1.
R313.3 Buildings over 6,000 square feet. An automatic sprinkler system shall be installed
throughout:
1. Any building with a building area over 6,000 square feet, or
2. Attached buildings on the same or separate lots or tracts with an aggregate area of over 6,000
square feet.
Fire walls shall not define separate buildings.
Section R317.1. Section R317.1 of Section R317 “Dwelling Unit Separation” of Chapter 3
R317.1 Two-family dwellings. Dwelling units in two-family dwellings shall be separated from each
other by wall and/or floor assemblies having not less than a 1-hour fire-resistance rating when tested in
accordance with ASTM E 119. Fire resistance-rated floor-ceiling and wall assemblies shall extend to
and be tight against the exterior wall, and wall assemblies shall extend to the underside of the roof
sheathing.
Exceptions:
1. A fire-resistance rating of 1/2 hour shall be permitted in buildings equipped throughout with
an automatic sprinkler system installed in accordance with NFPA 13.
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2. Wall assemblies need not extend through attic spaces when the ceiling is protected by not
less than 5/8-inch Type X gypsum board and an attic draft stop constructed as specified in
Section R502.12.1 is provided above and along the wall assembly separating the dwellings.
The structural framing supporting the ceiling shall also be protected by not less than ½-inch
gypsum board or equivalent.
3. Two-family dwelling units that are also divided by a property line through the structure shall
be separated as required for townhouses.
Section R324.1. Section R324.1 of Section R324 “Flood-Resistant Construction” of Chapter 3

R324.1 General. Buildings and structures, when permitted to be constructed in whole or in part in
flood hazard areas (including A or V Zones) as established in Table R301.2(1) shall be designed and
constructed in accordance with the provisions contained in this section or by other local provisions as
applicable.
Chapter 3. Chapter 3 “Building Planning” of the 2006 International Residential Code is amended
by adding Section R325 to read as follows:
SECTION R325
RETAINING WALLS
R325.1 General. Retaining walls shall be designed to ensure stability against overturning, sliding,
excessive foundation pressure, and water uplift. Retaining walls shall be designed for a safety factor of
1.5 against lateral sliding and overturning. Retaining walls shall be designed, inspected, and approved
by a registered structural engineer. Retaining walls which require permits shall not be constructed of
wood.
R325.2 Property restrictions. The proper performance of retaining walls shall not be based on
restrictions or requirements placed on property owners which will require future design or review by
the retaining wall design engineer. Any exposed soil in the vicinity of a retaining wall shall be assumed
to be landscaped and irrigated. Restrictions which may deprive property owners from full use and
enjoyment of property shall not be included in the design or related maintenance requirements of a
retaining wall.
Exception: Restrictions clearly stated in easements which are designated on the subdivision plat of
record.
Section R703.7. Section R703.7 of Section 703 “Exterior Covering” of Chapter 7 “Wall Covering”
R703.7 Stone and masonry veneer, general. Stone and masonry veneer shall be installed in
accordance with this chapter, Table R703.4, and Figure R703.7. These veneers installed over a backing
of wood or cold-formed steel shall be limited to the first story above-grade and shall not exceed 5
inches in thickness. Clay brick used outdoors shall meet Grade SW requirements of either ASTM C
216 or ASTM C 652.
Exceptions:
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1. For all buildings in Seismic Design Categories A, B, and C, exterior stone or masonry
veneer, as specified in Table R703.7(1), with a backing of wood or steel framing shall be
permitted to the height specified in Table R703.7(1) above a noncombustible foundation.
Wall bracing at exterior and interior braced wall lines shall be in accordance with Section
R9602.10 or R603.7, and the additional requirements of Table R703.7(1).
2. For detached one- or two-family dwellings in Seismic Design Categories D0, D1, and D2,
exterior stone or masonry veneer, as specified in Table R703.7(2), with a backing of wood
framing shall be permitted to the height specified in Table R703.7(2) above a
noncombustible foundation. Wall bracing and hold downs at exterior and interior braced
wall lines shall be in accordance with Sections R602.10 and R602.11 and the additional
requirements of Table R703.7(2). In Seismic Design Categories D0, D1, and D2, cripple
walls shall not be permitted, and required interior braced wall lines shall be supported on
continuous foundations.
Section R703.7.4.1. Section R703.7.4.1 of Section R703 “Exterior Covering” of Chapter 7 “Wall
Covering” of the 2006 International Residential Code is amended to read as follows:
R703.7.4.1 Size and spacing. Veneer ties, if strand wire, shall not be less in thickness than No.
9 U.S. gage (0.148 in.) wire and shall have a hook embedded in the mortar joint, or if sheet
metal, shall be not less than No. 22 U.S. gage (0.0299 in.) by 7/8 inch corrugated. Each tie shall
be spaced not more than 24 inches on center horizontally and vertically and shall support not
more than 2.67 square feet of wall area.
For 2.67 square feet of wall area, the following dimensions shall be adhered to:
1. When ties are placed on studs 16 in o.c., they shall be spaced no further apart than 24
inches vertically starting approximately 12 inches from the foundation.
2. When ties are placed on studs 24 inches o.c., they shall be spaced no further apart than
16 inches vertically starting approximately 8 inches from the foundation.
Exception: In Seismic Design Category D0, D1, or D2 or townhouses in Seismic Design

Category C or in wind areas of more than 30 pounds per square foot pressure, each tie shall
support not more than 2 square feet of wall area.
Section R902. Section R902 “Roof Classification” of Chapter 9 “Roof Assemblies” of the 2006
International Residential Code is amended by adding Section R902.3 to read as follows:
R902.3 Minimum roof class. All roof coverings shall be a minimum Class C. All individual
replacement shingles or shakes shall be a minimum Class C.
Exception: Non-classified roof coverings shall be permitted on buildings of U occupancies having

not more than 120 square feet of projected roof area. When exceeding 120 square feet of projected
roof area, buildings of U occupancies may use non-rated non-combustible coverings.
Section R907.1. Section R907.1 of Section R907 “Reroofing” of Chapter 9 “Roof Assemblies” of
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R907.1 General. Materials and methods of application used for re-covering or replacing an existing
roof covering shall comply with the requirements of Chapter 9. All individual replacement shingles or
shakes shall comply with Section R902.3.
Exception: Reroofing shall not be required to meet the minimum design slope requirement of one-
quarter unit vertical in 12 units horizontal (2-percent slope) in Section R905 for roofs that provide
positive roof drainage.
Section N1101.2.1. Section N1101.2.1 of Section N1101 “General” of Chapter 11 “Energy

Efficiency” of the 2006 International Residential Code is amended to read as follows:
N1101.2.1 Warm humid counties. Warm humid counties are listed in Table N1101.2.1 and Table
N1101.2.2.
Section N1101.7. Section N1101.7 of Section N1101 “General” of Chapter 11 “Energy Efficiency”
N1101.7 Alternative compliance. A building certified by a national, state, or local accredited energy
efficiency program and determined by the Energy Systems Laboratory to be in compliance with the
energy efficiency requirements of this section may, at the option of the code official, be considered in
compliance. The United States Environmental Protection Agency's Energy Star Program certification
of energy code equivalency shall be considered in compliance.
Figure N1101.2. Figure N1101.2 “Climate Zones” of Chapter 11 “Energy Efficiency” of the 2006
International Residential Code is amended as follows:
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FIGURE N1101.2 TEXAS CLIMATE ZONES
Table N1101.2.1. Table N1101.2.1 of Chapter 11 “Energy Efficiency” of the 2006 International
Residential Code is amended to read as follows:
TABLE N1101.2.1
CLIMATE ZONES AND SUB-CLIMATE ZONES FOR TEXAS
Zone 2
ANDERSON 2.2 DE WITT 2.1 JIM HOGG 2.1 ORANGE 2.2
ANGELINA 2.2 DIMMIT 2.1 JIM WELLS 2.1 POLK 2.2
ARANSAS 2.1 DUVAL 2.1 KARNES 2.1 REAL 2.2
ATASCOSA 2.1 EDWARDS 2.2 KENEDY 2.1 REFUGIO 2.1
AUSTIN 2.2 FALLS 2.2 KINNEY 2.2 ROBERTSON 2.2
BANDERA 2.2 FAYETTE 2.2 KLEBERG 2.1 SAN JACINTO 2.2
BASTROP 2.2 FORT BEND 2.2 LA SALLE 2.1 SAN PATRICIO 2.1
BEE 2.1 FREESTONE 2.2 LAVACA 2.2 STARR 2.1
BELL 2.2 FRIO 2.1 LEE 2.2 TRAVIS 2.2
BEXAR 2.2 GALVESTON 2.1 LEON 2.2 TRINITY 2.2
BOSQUE 2.2 GOLIAD 2.1 LIBERTY 2.2 TYLER 2.2
BRAZORIA 2.1 GONZALES 2.2 LIMESTONE 2.2 UVALDE 2.2
BRAZOS 2.2 GRIMES 2.2 LIVE OAK 2.1 VAL VERDE 2.2
BROOKS 2.1 GUADALUPE 2.2 MADISON 2.2 VICTORIA 2.1
BURLESON 2.2 HARDIN 2.2 MATAGORDA 2.1 WALKER 2.2
CALDWELL 2.2 HARRIS 2.2 MAVERICK 2.1 WALLER 2.2
CALHOUN 2.1 HAYS 2.2 MCLENNAN 2.2 WASHINGTON 2.2
CAMERON 2.1 HIDALGO 2.1 MCMULLEN 2.1 WEBB 2.1
CHAMBERS 2.2 HILL 2.2 MEDINA 2.2 WHARTON 2.1
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CHEROKEE 2.2 HOUSTON 2.2 MILAM 2.2 WILLACY 2.1
COLORADO 2.2 JACKSON 2.1 MONTGOMERY 2.2 WILLIAMSON 2.2
COMAL 2.2 JASPER 2.2 NEWTON 2.2 WILSON 2.2
CORYELL 2.2 JEFFERSON 2.2 NUECES 2.1 ZAPATA 2.1
Zone 3
ANDREWS 3.2 EL PASO 3.2 KERR 3.1 ROCKWALL 3.2
ARCHER 3.3 ELLIS 3.2 KIMBLE 3.1 RUNNELS 3.2
BAYLOR 3.3 ERATH 3.2 KING 3.3 RUSK 3.2
BLANCO 3.1 FANNIN 3.2 KNOX 3.3 SABINE 3.2
BORDEN 3.3 FISHER 3.2 LAMAR 3.2 SAN AUGUSTINE 3.2
BOWIE 3.2 FOARD 3.3 LAMPASAS 3.2 SAN SABA 3.2
BREWSTER 3.1 FRANKLIN 3.2 LLANO 3.1 SCHLEICHER 3.1
BROWN 3.2 GAINES 3.3 LOVING 3.2 SCURRY 3.3
BURNET 3.1 GARZA 3.3 LUBBOCK 3.3 SHACKELFORD 3.2
CALLAHAN 3.2 GILLESPIE 3.1 LYNN 3.3 SHELBY 3.2
CAMP 3.2 GLASSCOCK 3.2 MARION 3.2 SMITH 3.2
CASS 3.2 GRAYSON 3.2 MARTIN 3.2 SOMERVELL 3.2
CHILDRESS 3.3 GREGG 3.2 MASON 3.1 STEPHENS 3.2
CLAY 3.3 HALL 3.4 MCCULLOCH 3.2 STERLING 3.2
COKE 3.2 HAMILTON 3.2 MENARD 3.1 STONEWALL 3.3
COLEMAN 3.2 HARDEMAN 3.3 MIDLAND 3.2 SUTTON 3.1
COLLIN 3.2 HARRISON 3.2 MILLS 3.2 TARRANT 3.2
COLLINGSWORTH 3.3 HASKELL 3.2 MITCHELL 3.2 TAYLOR 3.2
COMANCHE 3.2 HEMPHILL 3.4 MONTAGUE 3.2 TERRELL 3.1
CONCHO 3.2 HENDERSON 3.2 MORRIS 3.2 TERRY 3.3
COOKE 3.2 HOOD 3.2 MOTLEY 3.3 THROCKMORTON 3.2
COTTLE 3.3 HOPKINS 3.2 NACOGDOCHES 3.2 TITUS 3.2
CRANE 3.2 HOWARD 3.2 NAVARRO 3.2 TOM GREEN 3.2
CROCKETT 3.1 HUDSPETH 3.2 NOLAN 3.2 UPSHUR 3.2
CROSBY 3.3 HUNT 3.2 PALO PINTO 3.2 UPTON 3.2
CULBERSON 3.2 IRION 3.2 PANOLA 3.2 VAN ZANDT 3.2
DALLAS 3.2 JACK 3.2 PARKER 3.2 WARD 3.2
DAWSON 3.3 JEFF DAVIS 3.2 PECOS 3.2 WHEELER 3.4
DELTA 3.2 JOHNSON 3.2 PRESIDIO 3.1 WICHITA 3.3
DENTON 3.2 JONES 3.2 RAINS 3.2 WILBARGER 3.3
DICKENS 3.3 KAUFMAN 3.2 REAGAN 3.2 WINKLER 3.2
EASTLAND 3.2 KENDALL 3.1 RED RIVER 3.2 WISE 3.2
ECTOR 3.2 KENT 3.3 REEVES 3.2 WOOD 3.2
YOUNG 3.2
Zone 4
ARMSTRONG DEAF SMITH HOCKLEY PARMER
BAILEY DONLEY HUTCHINSON POTTER
BRISCOE FLOYD LAMB RANDALL
CARSON GRAY LIPSCOMB ROBERTS
CASTRO HALE MOORE SHERMAN
COCHRAN HANSFORD OCHILTREE SWISHER
DALLAM HARTLEY OLDHAM YOAKUM
Section N1101. Section N1101 “General” of Chapter 11 “Energy Efficiency” of the 2006
International Residential Code is amended by adding Table N1101.2.2 “Warm Humid Counties for
Texas” immediately after Table N1101.2.1 to read as follows:
TABLE N1101.2.2
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WARM HUMID COUNTIES FOR TEXAS

ANDERSON 2.2 DUVAL 2.1 KAUFMAN 3.2 RED RIVER 3.2
ANGELINA 2.2 EDWARDS 2.2 KENDALL 3.1 REAL 2.2
ARANSAS 2.1 ELLIS 3.2 KENEDY 2.1 REFUGIO 2.1
ATASCOSA 2.1 ERATH 3.2 KINNEY 2.2 ROBERTSON 2.2
AUSTIN 2.2 FALLS 2.2 KLEBERG 2.1 ROCKWALL 3.2
BANDERA 2.2 FAYETTE 2.2 LA SALLE 2.1 RUSK 3.2
BASTROP 2.2 FORT BEND 2.2 LAMAR 3.2 SABINE 3.2
BEE 2.1 FRANKLIN 3.2 LAMPASAS 3.2 SAN AUGUSTINE 3.2
BELL 2.2 FREESTONE 2.2 LAVACA 2.2 SAN JACINTO 2.2
BEXAR 2.2 FRIO 2.1 LEE 2.2 SAN PATRICIO 2.1
BLANCO 3.1 GALVESTON 2.1 LEON 2.2 SAN SABA 3.2
BOSQUE 2.2 GILLESPIE 3.1 LLANO 3.1 SHELBY 3.2
BOWIE 3.2 GOLIAD 2.1 LIBERTY 2.2 SMITH 3.2
BRAZORIA 2.1 GONZALES 2.2 LIMESTONE 2.2 STARR 2.1
BROWN 3.2 GREGG 3.2 LIVE OAK 2.1 SOMMERVELL 3.2
BRAZOS 2.2 GRIMES 2.2 MADISON 2.2 TARRANT 3.2
BROOKS 2.1 GUADALUPE 2.2 MARION 3.2 TITUS 3.2
BURLESON 2.2 HAMILTON 3.2 MATAGORDA 2.1 TRAVIS 2.2
BURNET 3.1 HARDIN 2.2 MAVERICK 2.1 TRINITY 2.2
CALDWELL 2.2 HARRIS 2.2 MCLENNAN 2.2 TYLER 2.2
CALHOUN 2.1 HARRISON 3.2 MCMULLEN 2.1 UPSHUR 3.2
CAMERON 2.1 HAYS 2.2 MEDINA 2.2 UVALDE 2.2
CHAMBERS 2.2 HENDERSON 3.2 MILAM 2.2 VAL VERDE 2.2
CAMP 3.2 HIDALGO 2.1 MILLS 3.2 VAN ZANDT 3.2
CASS 3.2 HOOD 3.2 MONTGOMERY 2.2 VICTORIA 2.1
CHEROKEE 2.2 HOPKINS 3.2 MORRIS 3.2 WALKER 2.2
COLLIN 3.2 HILL 2.2 NACOGDOCHES 3.2 WALLER 2.2
COLORADO 2.2 HOUSTON 2.2 NAVARRO 3.2 WASHINGTON 2.2
COMAL 2.2 HUNT 3.2 NEWTON 2.2 WEBB 2.1
COMANCHE 3.2 JACKSON 2.1 NUECES 2.1 WHARTON 2.1
CORYELL 2.2 JASPER 2.2 ORANGE 2.2 WILLACY 2.1
DALLAS 3.2 JEFFERSON 2.2 PALO PINTO 3.2 WILLIAMSON 2.2
DELTA 3.2 JIM HOGG 2.1 PANOLA 3.2 WILSON 2.2
DENTON 3.2 JIM WELLS 2.1 PARKER 3.2 WOOD 3.2
DE WITT 2.1 JOHNSON 3.2 POLK 2.2 ZAPATA 2.1
DIMMIT 2.1 KARNES 2.1 RAINS 3.2 ZAVALA 2.1
Section N1102.1. Section N1102.1 of Section N1102 “Building Thermal Envelope” of Chapter 11
“Energy Efficiency” of the 2006 International Residential Code is amended to read as follows:
N1102.1 Insulation and fenestration criteria. The building thermal envelope shall meet the
requirements of Table N1102.1 based on the climate zone specified in Table N1101.2.
When compliance using Table 1102.1 is demonstrated with a ceiling R-value of R-30 or less, no
more than 33 percent of the total projected ceiling area may be of cathedral type construction (ceiling
joist/roof rafter assembly) and the required insulation R-value may be reduced to a minimum of R-22
insulation when the remaining ceiling area insulation is increased to R-38.
Table N1102.1. Table N1102.1 of Chapter 11 “Energy Efficiency” of the 2006 International
TABLE N1102.1
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT (TEXAS)a
CLIMATE- MAX MAX MAX MIN MIN WOOD MIN MIN MIN SLAB MIN
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SUB- GLAZED GLAZED MAX GLAZED CEILING FRAME FLOOR BASEMENT R-VALUE CRAWL
CLIMATE AREA FENESTRA- SKYLIGHT FENESTRA- R-VALUE WALL R-VALUE WALL c SPACE
& DEPTH
ZONE TO TION b TION d MASS R-VALUE WALL
U-FACTOR R-VALUE
WALL U-FACTOR SHGC WALL R-VALUE
AREA R-VALUE
RATIO
15 0.75 0.75 0.358 19 13 6 19 0 0 5
20 0.70 0.75 0.38 30 13 6 19 0 0 5
2.1
25 0.65 0.75 0.35 30 13 6 19 0 0 5
30 0.54 0.75 0.35 38 13 6 19 0 0 5
15 0.65 0.75 0.38 30 13 6 19 5 0 6
20 0.65 0.75 0.38 38 13 6 19 6 0 6
2.2 25 0.54 0.75 0.35 38 13 6 19 8 0 10
30 0.46 0.75 0.35 38 16, 13 + 6 19 8 0 10
e
3.7
15 0.65 0.65 0.40 30 13 6 19 5 0 6
20 0.55 0.65 0.40 38 13 6 19 5 0 6
3.1 25 0.54 0.65 0.35 38 13 6 19 8 0 10
30 0.46 0.65 0.35 38 16, 13 + 7 19 8 0 10
e
3.7
15 0.60 0.65 0.40 30 13 6 19 6 0 7
20 0.54 0.65 0.40 38 13 6 19 6 0 7
25 0.51 0.65 0.40 38 16, 13 + 7 19 6 0 7
3.2 e
3.7
30 0.46 0.65 0.38 38 16, 13 + 7 19 6 0 7
e
3.7
15 0.51 0.65 0.40 30 13 6 19 7 0 8
20 0.45 0.65 0.40 38 13 6 19 7 0 9
25 0.40 0.65 0.40 38 16, 13 + 7 19 7 0 9
3.3 e
3.7
30 0.40 0.65 0.40 38 19, 13 + 9 19 7 0 9
e
8.1
15 0.45 0.60 NR 38 13 6 19 8 5, 2 ft 11
20 0.37 0.60 NR 38 13 6 19 8 6, 2 ft 13
25 0.37 0.60 NR 38 19, 13 + 9 19 8 6, 2 ft 13
3.4 e
8.1
30 0.37 0.60 NR 38 19, 13 + 9 30 8 6, 2 ft 13
e
8.1
15 0.45 0.60 NR 38 13 8 19 8 5, 2 ft 11
20 0.37 0.60 NR 38 13 8 19 9 6, 2 ft 13
25 0.37 0.60 NR 38 19, 13 + 10 19 9 6, 2 ft 13
4 e
8.1
30 0.37 0.60 NR 38 19, 13 + 10 30 9 6, 2 ft 13
e
8.1
For SI: 1 foot = 304.8 mm
a. R-values are minimums. U-factors and SHGC are maximums. R-19 shall be permitted to be compressed into a 2 x 6
cavity.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.
c. R-5 shall be added to the required slab edge R-values for heated slabs.
d. The total R-value may be achieved with a combination of cavity insulation and insulating sheathing that covers 100
percent of the exterior wall.
e. The wall insulation may be the sum of the two values where the first value is the cavity insulation and the second value
is insulating sheathing. The combination of cavity insulation plus insulating sheathing may be used where structural
sheathing covers not more than 25 percent of the exterior wall area and insulating sheathing is not required where
structural sheathing is used. If structural sheathing covers more than 25 percent of exterior wall area then the wall
insulation requirement may only be satisfied with the single insulation value.
Table N1102.1.2. Table N1102.1.2 of Chapter 11 “Energy Efficiency” of the 2006 International
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TABLE N1102.1.2
a
EQUIVALENT U-FACTORS
CLIMATE- MAX GLAZED MAX MAX

SUB- AREA TO GLAZED MAX MAX WOOD MAX MASS MAX BASEMENT MAX CRAWL
CLIMATE WALL AREA FENESTRATION SKYLIGHT MAX CEILING FRAME WALL WALL FLOOR WALL SPACE WALL
ZONE RATIO U-FACTOR U-FACTOR U-FACTOR U-FACTOR U-FACTOR U-FACTOR U-FACTOR U-FACTOR
15 0.75 0.75 0.039 0.082 0.124 0.047 0.360 0.136
20 0.70 0.75 0.034 0.082 0.124 0.047 0.360 0.136
2.1
25 0.65 0.75 0.034 0.082 0.124 0.047 0.360 0.136
30 0.54 0.75 0.030 0.082 0.124 0.047 0.360 0.136
15 0.65 0.75 0.034 0.082 0.124 0.047 0.210 0.100
20 0.65 0.75 0.030 0.082 0.124 0.047 0.210 0.100
2.2
25 0.54 0.75 0.030 0.082 0.124 0.047 0.119 0.065
30 0.46 0.75 0.030 0.071 0.124 0.047 0.119 0.065
15 0.65 0.65 0.034 0.082 0.124 0.047 0.210 0.100
20 0.55 0.65 0.030 0.082 0.124 0.047 0.210 0.100
3.1
25 0.54 0.65 0.030 0.082 0.124 0.047 0.119 0.065
30 0.46 0.65 0.030 0.071 0.112 0.047 0.119 0.065
15 0.60 0.65 0.034 0.082 0.124 0.047 0.179 0.075
20 0.54 0.65 0.030 0.082 0.124 0.047 0.179 0.075
3.2
25 0.51 0.65 0.030 0.071 0.112 0.047 0.179 0.075
30 0.46 0.65 0.030 0.071 0.112 0.047 0.179 0.075
15 0.51 0.65 0.034 0.082 0.124 0.047 0.149 0.061
20 0.45 0.65 0.030 0.082 0.124 0.047 0.149 0.058
3.3
25 0.40 0.65 0.030 0.075 0.112 0.047 0.149 0.058
30 0.40 0.65 0.030 0.061 0.094 0.047 0.149 0.058
15 0.45 0.60 0.030 0.082 0.124 0.047 0.119 0.083
20 0.37 0.60 0.030 0.082 0.124 0.047 0.119 0.152
3.4
25 0.37 0.60 0.030 0.061 0.094 0.047 0.119 0.152
30 0.37 0.60 0.030 0.061 0.094 0.033 0.119 0.152
15 0.45 0.60 0.030 0.082 0.102 0.047 0.119 0.083
20 0.37 0.60 0.030 0.082 0.102 0.047 0.089 0.152
4
25 0.37 0.60 0.030 0.061 0.087 0.047 0.089 0.152
30 0.37 0.60 0.030 0.061 0.087 0.033 0.089 0.152
a. Nonfenestration U-factors shall be obtained from measurement, calculation, or an approved source.
Section N1102. Section N1102 “Building Thermal Envelope” of Chapter 11 “Energy Efficiency”
of the 2006 International Residential Code is amended by adding Section N1102.2.11 to read as
follows:
N1102.2.11 Insulation installed in walls. Insulation batts installed in walls shall be totally
surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood
structural panel sheathing, or other equivalent material approved by the building official.
Section N1102.3.2. Section N1102.3.2 of Section N1102 “Building Thermal Envelope” of Chapter
11 “Energy Efficiency” of the 2006 International Residential Code is amended to read as follows:
N1102.3.2 Glazed fenestration SHGC. An area-weighted average of fenestration products more

than 50 percent glazed shall be permitted to satisfy the solar heat gain coefficient (SHGC)
requirements. In sub-climate zones 2.1, 2.2, 3.1, 3.2, and 3.3 the maximum area-weighted average
and the maximum SHGC shall not exceed 0.40.
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N1102.3.3 Glazed fenestration exemption. Up to 1 percent of glazed fenestration per dwelling

unit shall be permitted to be exempt from U-factor and solar heat gain coefficient (SHGC)
requirements in Section N1102.1.
N1102.3.5 Thermally isolated sunroom. New windows and doors separating the sunroom from
conditioned space shall meet the building thermal envelope requirements.
N1102.3.6 Replacement fenestration. Where some or all of an existing fenestration unit is

replaced with a new fenestration product, including sash and glazing, the replacement fenestration
unit shall meet the applicable requirements for the U-factor in Table N1102.3.7.
Exceptions:
1. Replacement skylights shall have a maximum U-factor for 0.60 when installed in all
sub-climate zones except for 2.1.
2. For buildings constructed in conformance with an energy code as required by State of

Texas Senate Bill Number 5, 77th Legislature, replacement fenestration units may
comply with the original construction documents or applicable U-factor in N1102.1.
of the 2006 International Residential Code is amended by adding Section N1102.3.7 to read as follows:
N1102.3.7 Prescriptive path for additions. As an alternative to demonstrating compliance,

additions with a conditioned floor area less than 500 square feet to existing single-family residential
buildings and structures shall meet the prescriptive envelope component criteria in Table N1102.3.7
for the sub-climate zone applicable to the location. The U-factor of each individual fenestration
product (windows, doors, and skylights) shall be used to calculate the area-weighted average
fenestration product U-factor for the addition, which shall not exceed the applicable listed values in
Table N1102.3.7. For additions, other than sunroom additions, the total area of fenestration
products shall not exceed 40 percent of the gross wall and roof area of the addition. The R-values
for opaque thermal envelope components shall be equal to or greater than the applicable listed
values in Table N1102.3.7.
Conditioned sunroom additions shall maintain thermal isolation. Conditioned sunroom

additions shall not be used as kitchens or sleeping rooms.
In sub-climate zones 2.1, 2.2, 3.1, 3.2, and 3.3, the combined solar heat gain coefficient (the
area-weighted average) of all glazed fenestration products used in additions and as replacement
windows in accordance with this section shall not exceed 0.40.
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of the 2006 International Residential Code is amended by adding Table N1102.3.7 “Prescriptive
Envelope Component Criteria” immediately after Table N1102.2.4 to read as follows:
TABLE N1102.3.7
PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA
ADDITIONS TO AND REPLACEMENT WINDOWS FOR EXISTING DETACHED
ONE- AND TWO-FAMILY DWELLINGSd
MAXIMUM MINIMUM
SUB- Basement Slab Crawl space

CLIMATE Fenestration Ceiling Wall Floor wall perimeter wall
a, d d b c
ZONES U-factor R-value R-value R-value R-value R-value R-value
2.1 0.75 R-26 R-13 R-11 R-5 R-0 R-5
2.2, 3.1, 3.2,
0.50 R-30 R-13 R-19 R-8 R-0 R-10
3.3 and 3.4
4 0.50 R-38 R-13 R-21 R-10 R-0 R-19
a. “Ceiling R-value” shall be required for flat or inclined (cathedral) ceilings. Floors over outside air shall meet “Ceiling
R-value” requirements.
b. Basement wall insulation to be installed in accordance with Section N1102.2.6.
c. “Crawl space wall R-value” shall apply to unventilated crawl spaces only. Crawl space insulation shall be installed in
accordance with Section N1102.2.8.
d. Sunroom additions shall be required to have a maximum fenestration U-factor of 0.5 in all sub-climate zones except
sub-climate zone 2.1. In all sub-climate zones, the minimum ceiling R-value for sunroom additions shall be R-19 and
the minimum wall R-value shall be R-13.
Section M1305.1.3. Section M1305.1.3 of Section M1305 “Appliance Access” of Chapter 13

“General Mechanical System Requirements” of the 2006 International Residential Code is amended to
read as follows:
M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall be provided
with an opening and a clear and unobstructed passageway large enough to allow removal of the
largest appliance, but not less than 30 inches high and 22 inches wide and not more than 20 feet
long when measured along the centerline of the passageway from the opening to the appliance. The
passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5 not less
than 24 inches wide. A level service space at least 30 inches deep and 30 inches wide shall be
present along all sides of the appliance where access is required. The clear access opening
dimensions shall be a minimum of 20 inches by 30 inches, or larger where such dimensions are not
large enough to allow removal of the largest appliance. As a minimum, access to the attic space
shall be provided with one of the following:
1. A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
4. Access panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official
due to building conditions.
Exceptions:
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1. The passageway and level service space are not required where the appliance can be
serviced and removed through the required opening.
2. Where the passageway is unobstructed and not less than 6 feet high and 22 inches
wide for its entire length, the passageway shall be not more than 50 feet long.
Section M1305.1.3.1. Section M1305.1.3.1 of Section M1305 “Appliance Access” of Chapter 13
read as follows:
M1305.1.3.1 Electrical requirements. A luminaire controlled by a switch located at the

required passageway opening and a receptacle outlet shall be provided at or near the appliance
location in accordance with the National Electrical Code. Low voltage wiring of 50 volts or
less shall be installed in a manner to prevent physical damage.

read as follows:
M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and
firmly supported on a concrete slab or other approved material extending above the adjoining
ground a minimum of 3 inches. Appliances suspended from the floor shall have a clearance of
not less than 6 inches above the ground.

read as follows:
M1305.1.4.3 Electrical requirements. A luminaire controlled by a switch located at the

required passageway opening and a receptacle outlet shall be installed at or near the appliance
location in accordance with Chapter 38. Low voltage wiring of 50 volts or less shall be
installed in a manner to prevent physical damage.
Section M1307. Section M1307 “Appliance Installation” of Chapter 13 “General Mechanical

System Requirements” of the 2006 International Residential Code is amended by deleting Section
1307.3.1 “Protection from impact.”
Section M1502.3. Section M1502.3 of Section M1502 “Clothes Dryer Exhaust” of Chapter 15
“Exhaust Systems” of the 2006 International Residential Code is amended to read as follows:
M1502.3 Exhaust duct size. The minimum diameter of the exhaust duct shall be as recommended by
the manufacturer, shall be at least the diameter of the appliance outlet, and shall be a minimum nominal
size of 4 inches in diameter. The size of duct shall not be reduced along its developed length nor at the
point of termination.
Section M1502.6. Section M1502.6 of Section M1502 “Clothes Dryer Exhaust” of Chapter 15
“Exhaust Systems” of the 2006 International Residential Code is amended to read as follows:
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M1502.6 Duct length. The maximum length of a clothes dryer exhaust duct shall not exceed 35 feet
from the dryer location to the wall or roof termination with not more than two bends. When extra
bends are installed, the maximum length of the duct shall be reduced 2.5 feet for each 45-degree bend
and 5 feet for each 90-degree bend that occur after the first two bends, measuring in the direction of
airflow. The maximum length of the exhaust duct does not include the transition duct.
Exceptions:
1. Where the make and model of the clothes dryer to be installed is known and the
manufacturer’s installation instructions for the dryer are provided to the building official, the
maximum length of the exhaust duct, including any transition duct, shall be permitted to be
in accordance with the dryer manufacturer’s installation instructions and provided that a 4
inch by 6 inch sign red in color with white letters is permanently affixed to the structure
stating the following:
Warning: Dryer must be approved for vent length not to exceed 40 feet total developed
length (TDL).
Duct Size: (Number)
Total Developed Length: (Number)
2. Where large-radius 45-degree and 90-degree bends are installed, determination of the
equivalent length of clothes dryer exhaust duct for each bend by engineering calculation in
accordance with the ASHRAE Fundamentals Handbook shall be permitted.
Section M2005.2. Section M2005.2 of Section M2005 “Water Heaters” of Chapter 20 “Boilers and
Water Heaters” of the 2006 International Residential Code is amended to read as follows:
M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as a
storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure
so that combustion air will not be taken from the living space. Access to such enclosure may be from
the bedroom or bathroom when through a solid door, weather-stripped in accordance with the exterior
door air leakage requirements of the International Energy Conservation Code and equipped with an
approved self-closing device. Installation of direct-vent water heaters within an enclosure is not
required. After February 15, 2009, water heaters with storage tanks shall not be installed in attics,
unless such water heater was installed prior to such date. This section does not prohibit the
replacement of water heaters with storage tanks in attics if such water heaters were legally permitted
and installed prior to February 15, 2009.
Section G2407.10. Section G2407.10 of Section G2407 “Combustion, Ventilation and Dilution
Air” of Chapter 24 “Fuel Gas” of the 2006 International Residential Code is amended to read as
follows:
G2407.10 (304.10) Louvers and grilles. The required size of openings for combustion, ventilation,
and dilution air shall be based on the net free area of each opening. Where the free area through a
design of louver, grille, or screen is known, it shall be used in calculating the size opening required to
provide the free area specified. Where the design and free area of louvers and grilles are not known, it
shall be assumed that wood louvers will have 25 percent free area and metal louvers and grilles will
have 50 percent free area. Screens shall have a mesh size not smaller than 1/4 inch. Nonmotorized
louvers and grilles shall be fixed in the open position. Motorized louvers shall be interlocked with the
appliance so that they are proven to be in the full open position prior to main burner ignition and during
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main burner operation. Means shall be provided to prevent the main burner from igniting if the louvers
fail to open during burner start-up and to shut down the main burner if the louvers close during
operation.
Section G2407.11. Section G2407.11 of Section G2407 “Combustion, Ventilation and Dilution
Air” of Chapter 24 “Fuel Gas” of the 2006 International Residential Code is amended to read as
follows:
G2407.11 (304.11) Combustion air ducts. Combustion air ducts shall comply with all of the
following:
1. Ducts shall be constructed of galvanized steel complying with Chapter 16 or of a material

having equivalent corrosion resistance, strength, and rigidity.
Exception: Within dwelling units, unobstructed stud and joist spaces shall not be
prohibited from conveying combustion air, provided that not more than one required
fireblock is removed.
2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the
appliances.
3. Ducts shall serve a single enclosure.
4. Ducts shall not serve both upper and lower combustion air openings where both such openings
are used. The separation between ducts serving upper and lower combustion air openings shall
be maintained to the source of combustion air.
5. Ducts shall not be screened where terminating in an attic space.
6. Horizontal upper combustion air ducts shall not slope downward toward the source of
combustion air.
7. The remaining space surrounding a chimney liner, gas vent, special gas vent, or plastic piping
installed within a masonry, metal, or factory-built chimney shall not be used to supply
combustion air.
Exception: Direct-vent gas-fired appliances designed for installation in a solid fuel-burning

fireplace where installed in accordance with the manufacturer’s instructions.
8. Combustion air intake openings located on the exterior of a building shall have the lowest side
of such openings located not less than 12 inches vertically from the adjoining grad level or the
manufacturer’s recommendation, whichever is more stringent.
Section G2408. Section G2408 “Installation” of Chapter 24 “Fuel Gas” of the 2006 International
Residential Code is amended by deleting Section G2408.3 (305.5) “Private garages.”
Section G2408.4. Section G2408.4 of Section G2408 “Installation” of Chapter 24 “Fuel Gas” of the
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G2408.4 (305.7) Clearances from grade. Equipment and appliances installed at grade level shall be
supported on a level concrete slab or other approved material extending a minimum of 3 inches above
adjoining grade or shall be suspended a minimum of 6 inches above adjoining grade.
Section G2412.5. Section G2412.5 of Section G2412 “General” of Chapter 24 “Fuel Gas” of the
G2412.5 (401.5) Identification. For other than steel pipe, exposed piping shall be identified by a
yellow label marked “Gas” in black letters. The marking shall be spaced at intervals not exceeding 5
feet. The marking shall not be required on pipe located in the same room as the equipment served.
Both ends of each section of medium pressure gas piping shall identify its operating gas pressure
with an approved tag. The tags are to be composed of aluminum or stainless steel and the following
wording shall be stamped into the tag:
“WARNING
1/2 to 5 psi gas pressure
Do Not Remove”
Section G2413.3. Section G2413.3 of Section 2413 “Pipe Sizing” of Chapter 24 “Fuel Gas” of the
G2413.3 (402.3) Sizing. Gas piping shall be sized in accordance with one of the following:
1. Pipe sizing tables or sizing equations in accordance with Section G2413.4.
2. The sizing tables included in a listed piping system’s manufacturer’s installation instructions.
3. Other engineering methods approved by the building official.
Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2 inch (18 EDH).
Section G2415.9. Section G2415.9 of Section G2415 “Piping System Installation” of Chapter 24
“Fuel Gas” of the 2006 International Residential Code is amended to read as follows:
G2415.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum
depth of 18 inches below grade.
Section G2415. Section G2415 “Piping System Installation” of Chapter 24 “Fuel Gas” of the 2006
International Residential Code is amended by deleting Section G2415.9.1 (404.9.1) “Individual outside
appliances.”
Section G2417.1. Section G2417.1 of Section G2417 “Inspection, Testing And Purging” of
Chapter 24 “Fuel Gas” of the 2006 International Residential Code is amended to read as follows:
G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be
inspected and pressure tested to determine that the materials, design, fabrication, and installation
practices comply with the requirements of this code. The permit holder shall make the applicable tests
prescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance with the provisions of this
code. The permit holder shall give reasonable advance notice to the code official when the piping
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system is ready for testing. The equipment, material, power, and labor necessary for the inspections
and test shall be furnished by the permit holder and the permit holder shall be responsible for
determining that the work will withstand the test pressure prescribed in the following tests.
Section G2417.4. Section G2417.4 of Section G2417 “Inspection, Testing And Purging” of
G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a manometer or
with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss
caused by leakage during the pressure test period. The source of pressure shall be isolated before the
pressure tests are made.
Section G2417.4.1. Section G2417.4.1 of Section G2417 “Inspection, Testing And Purging” of
G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than 3 psig, or at
the discretion of the code official, the piping and valves may be tested at a pressure of at least 6
inches of mercury, measured with a manometer or slope gauge. For tests requiring a pressure of 3
psig, gauges shall utilize a dial with a minimum diaphragm diameter of 3-1/2 inches, a set hand 1/10
pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig.
For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum
diameter of 3-1/2 inches, a set hand, a minimum of 2/10 pound incrementation and a pressure range
not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess of 14
inches water column pressure (1/2 psi) and less than 200 inches of water column pressure (7.5 psi),
the test pressure shall not be less than 10 psi. For piping carrying gas at a pressure that exceeds 200
inches of water column (7.5 psi), the test pressure shall be not less than one and one-half times the
proposed maximum working pressure.
Section G2417.4.2. Section G2417.4.2 of Section G2417 “Inspection, Testing And Purging” of
G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time satisfactory
to the code official, but in no case for less than 15 minutes. For welded piping, and for piping
carrying gas at pressures in excess of 14 inches water column pressure, the test duration shall be held
for a length of time satisfactory to the code official, but in no case for less than 30 minutes.
Section G2420.1.2. Section G2420.1.2 of Section G2420 “Gas Shutoff Valves” of Chapter 24
G2420.1.2 (409.1.2) Prohibited locations. Shutoff valves shall be located in readily visible and
accessible locations.
Section G2420. Section G2420 “Gas Shutoff Valves” of Chapter 24 “Fuel Gas” of the 2006
International Residential Code is amended by adding Section G2420.1.4 to read as follows:
G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel
(CSST) piping systems shall be supported with an approved termination fitting, or equivalent
support, suitable for the size of the valves, of adequate strength and quality, and located at intervals
so as to prevent or damp out excessive vibration but in no case greater than 12 inches from the
center of the valve. Supports shall be installed so as not to interfere with the free expansion and
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contraction of the system’s piping, fittings, and valves between anchors. All valves and supports
shall be designed and installed so they will not be disengaged by movement of the supporting
piping.
Section G2421.1. Section G2421.1 of Section G2421 “Flow Controls” of Chapter 24 “Fuel Gas”
G2421.1 (410.1) Pressure regulators. A line pressure regulator shall be installed where the appliance
is designed to operate at a lower pressure than the supply pressure. Line gas pressure regulators shall
be listed as complying with ANSI Z21.80. Access shall be provided to pressure regulators. Pressure
regulators shall be protected from physical damage. Regulators installed on the exterior of the building
shall be approved for outdoor installation.
Access to regulators shall comply with the requirements for access to appliances as specified in
Section M1305.
Exception: A passageway or level service space is not required when the regulator is capable of
being serviced and removed through the required attic opening.
Section G2439.5. Section G2439.5 of Section G2439 “Clothes Dryer Exhaust” of Chapter 24
G2439.5 (614.6) Clothes dryer ducts. Exhaust ducts for domestic clothes dryers shall be constructed
of metal and shall have a smooth interior finish. The exhaust duct shall be a minimum nominal size of
4 inches in diameter. The entire exhaust system shall be supported and secured in place. The male end
of the duct at overlapped duct joints shall extend in the direction of airflow. Clothes dryer transition
ducts used to connect the appliance to the exhaust duct system shall be metal and limited to a single
length not to exceed 8 feet in length and shall be listed and labeled for the application. Transition ducts
shall not be concealed within construction. The size of duct shall not be reduced along its developed
length nor at the point of termination.
Section G2439.5.1. Section G2439.5.1 of Section G2439 “Clothes Dryer Exhaust” of Chapter 24
G2439.5.1 (614.6.1) Maximum length. The maximum length of a clothes dryer exhaust duct shall
not exceed 35 feet from the dryer location to the outlet terminal with not more than 2 bends. When
extra bends are installed, the maximum length of the duct shall be reduced 2-1/2 feet for each 45
degree bend and 5 feet for each 90 degree bend that occur after the first two bends, measuring in the
direction of airflow.
Exception: Where the make and model of the clothes dryer to be installed is known and the
manufacturer’s installation instructions for such dryer are provided to the code official, the
maximum length of the exhaust duct, including any transition duct, shall be permitted to be in
accordance with the dryer manufacturer’s installation instructions, and provided that a 4 inch by
6 inch sign red in color with white letters is permanently affixed to the structure stating the
following:
Warning: Dryer must be approved for vent length not to exceed

40 feet Total Developed Length (TDL).
Duct Size: (Number)
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Section G2445.2. Section G2445.2 of Section G2445 “Unvented Room Heaters” of Chapter 24
G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the sole
source of comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used in dwelling units, in
accordance with the code provisions in effect when installed, when approved by the code official
unless an unsafe condition is determined to exist as described in the International Fuel Gas Code
Section 108.7.
Section G2448.1.1. Section G2448.1.1 of Section G2448 “Water Heaters” of Chapter 24 “Fuel
Gas” of the 2006 International Residential Code is amended to read as follows:
G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to
access, sizing, relief valves, drain pans, and scald protection shall be in accordance with this code.
Section P2709.1. Section P2709.1 of Section 2709 “Shower Receptors” of Chapter 27 “Plumbing
Fixtures” of the 2006 International Residential Code is amended to read as follows:
P2709.1 Construction. Shower receptors shall have a finished curb threshold not less than 1 inch
below the sides and back of the receptor. The curb shall be not less than 2 inches and not more than 9
inches deep when measured from the top of the curb to the top of the drain. The finished floor shall
slope uniformly toward the drain not less than 1/4 unit vertical in 12 units horizontal (2 percent slope)
nor more than 1/2 inch, and floor drains shall be flanged to provide a water-tight joint in the floor.
Exception: Showers designed to comply with ICC/ANSI A117.1.
Section P2717.3. Section P2717.3 of Section 2717 “Dishwashing Machines” of Chapter 27

“Plumbing Fixtures” of the 2006 International Residential Code is amended to read as follows:
P2717.3 Sink, dishwasher, and food grinder. The combined discharge from a sink, dishwasher, and
waste grinder is permitted to discharge through a single 1-1/2 inch trap. The discharge pipe from the
dishwasher shall be increased to a minimum of 3/4 inch in diameter and shall connect with a wye fitting
between the discharge of the food-waste grinder and the trap inlet or to the head of the food grinder.
Dishwashing equipment shall discharge to the drainage system through an approved air gap fitting or
the waste line shall rise and be securely fastened to the underside of the sink rim or counter.
Section P2801.6. Section P2801.6 of Section P2801 “General” of Chapter 28 “Water Heaters” of
P2801.6 Water heaters installed in garages. Water heaters having an ignition source shall be
elevated such that the source of ignition is not less than 18 inches above the garage floor.
Exception:
1. Elevation of the ignition source is not required for water heaters that are listed as flammable
vapor resistant and for installation without elevation.
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2. Electric water heater.
Section P2901. Section P2901 “General” of Chapter 29 “Water Supply and Distribution” of the
2006 International Residential Code is amended by adding Section P2901.1.1 to read as follows:
P2901.1.1 Separate water service required. Water supplied to any irrigation system shall be
publicly metered separately from water provided for all other uses.
Section P2902.5.3. Section P2902.5.3 of Section P2902 “Protection of Potable Water Supply” of
Chapter 29 “Water Supply and Distribution” of the 2006 International Residential Code is amended to
read as follows:
P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be
protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum
breaker, a double-check assembly, or a reduced pressure principle backflow preventer. A valve
shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are
introduced into the system, the potable water supply shall be protected against backflow by a
reduced pressure principle backflow preventer.
Table P2904.4. Table P2904.4 of Section P2904 “Materials, Joints and Connections” of Chapter 29
“Water Supply and Distribution” of the 2006 International Residential Code is amended as follows:
TABLE P2904.4
WATER SERVICE PIPE
MATERIAL STANDARD
Acrylonitrile butadiene styrene (ABS) plastic pipe ASTM D 1527; ASTM D 2282
Asbestos-cement pipe ASTM C 296
Brass pipe ASTM B 43
Chlorinated polyvinyl chloride (CPVC) plastic pipe ASTM D 2846; ASTM F 441; ASTM F 442; CSA B137.6
Copper or copper-alloy pipe ASTM B 42; ASTM B 302
Copper or copper-alloy tubing (Type K, WK, L,
ASTM B 75; ASTM B 88; ASTM B 251; ASTM B 447
WL, M or WM)
Cross-linked polyethylene/aluminum/cross-linked
ASTM F 1281; CSA CAN/CSA B137.10
polyethylene (PEX-AL-PEX) pipe
Cross-linked polyethylene/aluminum/high-density
ASTM F 1986
polyethylene (PEX-AL-HDPE) pipe
Cross-linked polyethylene (PEX) plastic tubing ASTM F 876; ASTM F 877; CSA B137.5
Ductile iron water pipe AWWA C151; AWWA C115
Galvanized steel pipe ASTM A 53
Polyethylene/aluminum/polyethylene (PE-AL-PE) pipe ASTM F 1282; CSA CAN/CSA-B137.9M
Polyethylene (PE) plastic pipe ASTM D 2104; ASTM D 2239; CSA-B137.1
Polyethylene (PE) plastic tubing ASTM D 2737; CSA B137.1
Polypropylene (PP) plastic pipe or tubing ASTM F 2389; CSA B137.11
Polyvinyl chloride (PVC) plastic pipe ASTM D 1785; ASTM D 2241; ASTM D 2672; CSA B137.3
Stainless steel (Type 304/304L) pipe ASTM A 312; ASTM A 778
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TABLE P2904.5
WATER DISTRIBUTION PIPE
MATERIAL STANDARD
Brass pipe ASTM B 43
Chlorinated polyvinyl chloride (CPVC) plastic pipe and tubing ASTM D 2846; ASTM F 441; ASTM F 442; CSA B137.6
Copper or copper-alloy pipe ASTM B 42; ASTM B 302
Copper or copper-alloy tubing (Type K, WK, L, WL, M or
ASTM B 75; ASTM B 88; ASTM B 251; ASTM B 447
WM)
Cross-linked polyethylene (PEX) plastic tubing ASTM F 877; CSA B137.5
Cross-linked polyethylene/aluminum/cross-linked polyethylene
ASTM F 1281; CSA CAN/CSA-B137.10
(PEX-AL-PEX) pipe
Cross-linked polyethylene/aluminum/high-density polyethylene
ASTM F 1986
(PEX-AL-HDPE) pipe
Galvanized steel pipe ASTM A 53
Polyethylene/aluminum/polyethylene (PE-AL-PE) composite
ASTM F 1282
pipe
Stainless steel pipe (Type 304/304L) ASTM A 312; ASTM A 778
Stainless steel pipe (Type 316/316L) ASTM A 312; ASTM A 778
Section P2904.5.1. Section P2904.5.1 of Section P2904 “Materials, Joints and Connections” of
Chapter 29 “Water Supply and Distribution” of the 2006 International Residential Code is amended to
read as follows:
P2904.5.1 Under concrete slabs. Inaccessible water distribution piping under slabs shall be
copper water tube minimum Type M, brass, ductile iron pressure pipe, cross-linked
polyethylene/aluminum/cross-linked polyethylene (PEX-AL-PEX) pressure pipe,
polyethylene/aluminum/polyethylene (PE-AL-PE) pressure pipe, chlorinated polyvinyl chloride
(CPVC), cross-linked polyethylene (PEX) plastic pipe or tubing or polypropylene (PP) pipe or
tubing, all to be installed with approved fittings or bends. The minimum pressure rating for plastic
pipe or tubing installed under slabs shall be 100 pounds per square inch at 180° F.
TABLE P2904.6
PIPE FITTINGS
MATERIAL STANDARD
Acrylonitrile butadiene styrene (ABS) plastic ASTM D 2468
Brass ASTM F 1974
Cast-iron ASME B16.4; ASME B16.12
Chlorinated polyvinyl chloride (CPVC) plastic ASTM F 437; ASTM F 438; ASTM F 439; CSA B137.6
ASME B16.15; ASME B16.18; ASME B16.22; ASME
Copper or copper alloy
B16.23; ASME B16.26; ASME B16.29
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Cross-linked polyethylene/aluminum/high-density
ASTM F 1986
polyethylene (PEX-AL-HDPE)
ASTM F 877; ASTM F 1807; ASTM F 1960; ASTM F 2080;
Fittings for cross-linked polyethylene (PEX) plastic tubing
ASTM F 2159; CSA B137.5
Gray iron and ductile iron AWWA C110; AWWA C153
Malleable iron ASTM B16.3
Polyethylene (PE) plastic pipe ASTM D 2104; ASTM D 2239; CSA-B137.1
Polyethylene (PE) plastic ASTM D 2609; CSA B137.1
Polyvinyl chloride (PVC) plastic ASTM D 2464; ASTM D 2466; ASTM D 2467; CSA B137.2
Steel ASME B16.9; ASME B16.11; ASME B16.28
Section P3005.2.6. Section P3005.2.6 of Section P3005 “Drainage System” of Chapter 30

“Sanitary Drainage” of the 2006 International Residential Code is amended to read as follows:
P3005.2.6 Upper terminal. Each horizontal drain shall be provided with a cleanout at its upper
terminal.
Exception: Cleanouts may be omitted on a horizontal drain less than 5 feet in length unless
such line is serving sinks or urinals.
Chapter 31. Chapter 31 "Vents" of the 2006 International Residential Code is amended by deleting
Section P3111 “Combination Waste and Vent System.”
Section P3112.2. Section P3112.2 of Section P3112 “Island Fixture Venting” of Chapter 31
“Vents” of the 2006 International Residential Code is amended to read as follows:
P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor
and may be vented by extending the vent as high as possible, but not less than the drain board height
and then returning it downward and connecting it to the horizontal sink drain immediately downstream
from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a
wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent
by means of a wye-branch immediately below the floor and extending to the nearest partition and then
through the roof to the open air or may be connected to other vents at a point not less than 6 inches
above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent
below the floor level and a minimum slope of 1/4 inch per foot back to the drain shall be maintained.
The return bend used under the drain board shall be a one piece fitting or an assembly of a 45-degree, a
90-degree and a 45-degree elbow in the order named. Pipe sizing shall be as elsewhere required in this
code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible
cleanout shall be installed in the vertical portion of the foot vent.
Chapter 33. Chapter 33 “General Requirements” of Part VIII “Electrical” of the 2006 International
CHAPTER 33
GENERAL REQUIREMENTS
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The provisions of the 2008 National Electrical Code as adopted by the City of Irving shall establish the
general scope of the electrical system and equipment requirements of this code.
Part VIII. Part VIII “Electrical” of the 2006 International Residential Code is amended by
deleting Chapter 34 “Electrical Definitions.”
deleting Chapter 35 “Services.”
deleting Chapter 36 “Branch Circuit and Feeder Requirements.”
deleting Chapter 37 “Wiring Methods.”
deleting Chapter 38 “Power and Lighting Distribution.”
deleting Chapter 39 “Devices and Luninaires.”
deleting Chapter 40 “Appliance Installation.”
deleting Chapter 41 “Swimming Pools.”
deleting Chapter 42 “Class 2 Remote-Control, Signaling and Power-Limited Circuits.”
Section AG105.2. Section AG105.2 of Section AG105 “Barrier Requirements” of Appendix G

“Swimming Pools, Spas and Hot Tubs” of the 2006 International Residential Code is amended to read
as follows:
AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, above-
ground, or on-ground pool, hot tub, or spa shall be surrounded by a barrier which shall comply with the
following:
1. The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier
which faces away from the swimming pool. The maximum vertical clearance between grade
and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces
away from the swimming pool. Where the top of the pool structure is above grade, such as an
above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on
top of the pool structure. Where the barrier is mounted on top of the pool structure, the
maximum vertical clearance between the top of the pool structure and the bottom of the barrier
shall be 4 inches.
2. Openings in the barrier shall not allow passage of a 4-inch-diameter sphere.
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3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain
indentations or protrusions except for normal construction tolerances and tooled masonry joints.
4. Where the barrier is composed of horizontal and vertical members and the distance between the
tops of the horizontal members is less than 45 inches, the horizontal members shall be located
on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1-
3/4 inches in width. Where there are decorative cutouts within vertical members, spacing
within the cutouts shall not exceed 1-3/4 inches in width.
5. Where the barrier is composed of horizontal and vertical members and the distance between the
tops of the horizontal members is 45 inches or more, spacing between vertical members shall
not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing
within the cutouts shall not exceed 1-3/4 inches in width.
6. Maximum mesh size for chain link fences shall be a 2-1/4 inch square unless the fence has slats
fastened at the top or the bottom which reduce the openings to not more than 1-3/4 inches.
7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum
opening formed by the diagonal members shall not be more than 1-3/4 inches.
8. Access gates shall comply with the requirements of Section AG105.2, Items 1 through 7, and
shall be equipped to accommodate a locking device. Access gates shall open outward away
from the pool and shall be self-closing and have a self-latching device. Where the release
mechanism of the self-latching device is located less than 54 inches from the bottom of the gate,
the release mechanism and openings shall comply with the following:
8.1. The release mechanism shall be located on the pool side of the gate at least 3 inches
below the top of the gate, and
8.2. The gate and barrier shall have no opening greater than 1/2 inch within 18 inches of
the release mechanism.
Exception: With approval of the building official, self-latching devices may be omitted on
gates that are kept locked except when in active use and under direct adult supervision. A
letter from the pool owner requesting authorization to utilize this exception must be filed
with the building official.
9. Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be
met:
9.1. The pool shall be equipped with a powered safety cover in compliance with ASTM F
1346; or
9.2. All doors with direct access to the pool through that wall shall be equipped with an
alarm which produces an audible warning when the door and its screen, if present, are
opened. The alarm shall sound continuously for a minimum of 30 seconds
immediately after the door is opened and be capable of being heard throughout the
house during normal house-hold activities. The alarm shall automatically reset under
all conditions. The alarm system shall be equipped with a manual means, such as
touchpad or switch, to temporarily deactivate the alarm for a single opening. Such
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deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall
be located at least 54 inches above the threshold of the door; or
9.3. Other means of protection, such as self-closing doors with self-latching devices, which
are approved by the building official, shall be acceptable so long as the degree of
protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described
above.
10. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top
of the pool structure, and the means of access is a ladder or steps, then:
10.1 The ladder or steps shall be capable of being secured, locked, or removed to prevent
access, or
10.2 The ladder or steps shall be surrounded by a barrier which meets the requirements of
Section AG105.2, Items 1 through 9. When the ladder or steps are secured, locked, or
removed, any opening created shall not allow the passage of a 4 inch diameter sphere.
Appendix I. Appendix I “Private Sewage Disposal” of the 2006 International Residential Code is
amended in its entirety to read as follows:
APPENDIX I
IRRIGATION SYSTEMS
AI101.1 Scope. Irrigation systems shall conform to Appendix I of the 2006 International Plumbing Code.
2006 International Residential Code. The 2006 International Residential Code is amended by
adding Appendix R “Airport Noise Attenuation Requirements” to read as follows:
APPENDIX R
AIRCRAFT NOISE ATTENUATION REQUIREMENTS
AR101.1 Two zones. For the purposes of this code, certain sections of the city are zones subject to
significant noise from aircraft. These zones are the “65-70 DNL noise zone” and the “over 70 DNL noise
zone.”
AR101.2 Map. These noise zones shall include such territory or portions of the city as are designated and
shown on the aircraft noise impact map (a copy of which is on file with the building official) and
incorporated into this code and made a part of it for all intents and purposes.
AR102.1 Certified plans. The building official shall not issue a building permit for any building or
structure within the noise zones shown on the aircraft noise impact map unless the plans and specifications
accompanying the application for the permit are certified by a bona fide acoustical consultant as meeting
the required noise level reduction standards of this section.
AR102.2 Noise consultants. Bona fide acoustical noise consultants include members of the National
Council of Acoustical Consultants and others who are approved by the building official, such approval
being based on the demonstration of competence and credentials in the area of architectural acoustics.
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AR102.3 Building intrusion in a noise zone. A building or structure which is located partly within a
noise zone and partly without or located partly within one (1) noise zone and partly within another noise
zone shall be considered within the most restrictive of the noise zones within which it is located for
purposes of this chapter.
AR103.1 Noise reductions standards. Plans for the construction of buildings or structures within noise
zones shall be certified as achieving at least the outdoor to indoor noise level reductions as measured in
decibels within the building as follows:
Building Use 65-70 DNL Over 70 DNL

Noise Zone Noise Zone
Residential: 25 30
SECTION 4. That Section 8-7 “International Energy Conservation Code” of Chapter 8 of

Development Standards and Construction Codes of the City of Irving, Texas, is hereby amended to read
as follows:
Sec. 8-7. International Energy Conservation Code.
(a) Energy Code. The 2006 edition of the International Energy Conservation Code with
amendments, modifications, and deletions as specified in this section is adopted as the energy code for
the City of Irving, Texas.
(b) Amendments, modifications, and deletions to the 2006 International Energy

Conservation Code. Amendments, modifications, and deletions to the 2006 International Energy
Conservation Code are adopted as follows:
Section 101.1. Section 101.1 of Section 101 “Scope and General Requirements” of Chapter 1
“Administration” of the 2006 International Energy Conservation Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Energy Code of the City of Irving, Texas,
hereinafter referred to as “this code” or “IECC.”
Section 101.4.2. Section 101.4.2 of Section 101 “Scope and General Requirements” of Chapter 1
“Administration” of the 2006 International Energy Conservation Code is amended to read as follows:
101.4.2 Historic buildings. Any building or structure that is listed in the State or National
Register of Historic Places; designated as a historic property under local or state designation law or
survey; certified as a contributing resource with a National Register listed or locally designated
historic district; or with an opinion or certification that the property is eligible to be listed on the
National or State Registers of Historic Places either individually or as a contributing building to a
historic district by the State Historic Preservation Officer or the Keeper of the National Register of
Historic Places, shall comply with all of the provisions of this code.
Exception: Whenever a provision or provisions shall invalidate or jeopardize the historical

designation or listing, that provision or provisions may be exempted.
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Section 103.1.1. Section 103.1.1 of Section 103 “Alternate Materials—Method of Construction,

Design or Insulating Systems” of Chapter 1 “Administration” of the 2006 International Energy
Conservation Code is amended to read as follows:
103.1.1 Alternative compliance. A building certified by a national, state, or local accredited

energy efficiency program and determined by the Energy Systems Laboratory to be in compliance
with the energy efficiency requirements of this section may, at the option of the code official, be
considered in compliance. The United States Environmental Protection Agency's Energy Star
Program certification of energy code equivalency shall be considered in compliance.
Section 202. Section 202 “General Definitions” of Chapter 2 “Definitions” of the 2006
International Energy Conservation Code is amended by adding the following definition:
GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and
including sash, curbing, or other framing elements that enclose conditioned space. Glazing area
includes the area of glazed fenestration assemblies in walls bounding conditioned basements. For doors
where the daylight opening area is less than 50 percent of the door area, the glazing area is the daylight
opening area. For all other doors, the glazing area is the rough opening area for the door including the
door and the frame.
Section 301.1. Section 301.1 of Section 301 “Climate Zones” of Chapter 3 “Climate Zones” of the
2006 International Energy Conservation Code is amended to read as follows:
301.1 General. Climate zones from Figure 301.1, Figure 301.2, Table 301.1(1), or Table 301.2(1)
shall be used in determining the applicable requirements from Chapters 4 and 5. Locations not in Table
301.1 (outside the US) shall be assigned a climate zone based on Section 301.3.
Section 301. Section 301 “Climate Zones” of Chapter 3 “Climate Zones” of the 2006 International
Energy Conservation Code is amended by adding Figure 301.2 “Texas Climate Zones” immediately
after Figure 301.1 to read as follows:
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FIGURE 301.2
TEXAS CLIMATE ZONES
Table 301.1. Table 301.1 “Climate Zones By State, County and Territories” of Section 301
“Climate Zones” of Chapter 3 “Climate Zones” of the 2006 International Energy Conservation Code is
amended by deleting the reference to “Texas” (and all the counties under the heading “Texas”).
Section 301. Section 301 “Climate Zones” of Chapter 3 “Climate Zones” of the 2006
International Energy Conservation Code is amended by adding Table 301.1(1) “Climate Zones and
Sub-Climate Zones for Texas” immediately after Table 301.1 to read as follows:
TABLE 301.1(1)
CLIMATE ZONES AND SUB-CLIMATE ZONES FOR TEXAS
Zone 2
ANDERSON 2.2 DE WITT 2.1 JIM HOGG 2.1 ORANGE 2.2
ANGELINA 2.2 DIMMIT 2.1 JIM WELLS 2.1 POLK 2.2
ARANSAS 2.1 DUVAL 2.1 KARNES 2.1 REAL 2.2
ATASCOSA 2.1 EDWARDS 2.2 KENEDY 2.1 REFUGIO 2.1
AUSTIN 2.2 FALLS 2.2 KINNEY 2.2 ROBERTSON 2.2
BANDERA 2.2 FAYETTE 2.2 KLEBERG 2.1 SAN JACINTO 2.2
BASTROP 2.2 FORT BEND 2.2 LA SALLE 2.1 SAN PATRICIO 2.1
BEE 2.1 FREESTONE 2.2 LAVACA 2.2 STARR 2.1
BELL 2.2 FRIO 2.1 LEE 2.2 TRAVIS 2.2
BEXAR 2.2 GALVESTON 2.1 LEON 2.2 TRINITY 2.2
BOSQUE 2.2 GOLIAD 2.1 LIBERTY 2.2 TYLER 2.2
BRAZORIA 2.1 GONZALES 2.2 LIMESTONE 2.2 UVALDE 2.2
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BRAZOS 2.2 GRIMES 2.2 LIVE OAK 2.1 VAL VERDE 2.2
BROOKS 2.1 GUADALUPE 2.2 MADISON 2.2 VICTORIA 2.1
BURLESON 2.2 HARDIN 2.2 MATAGORDA 2.1 WALKER 2.2
CALDWELL 2.2 HARRIS 2.2 MAVERICK 2.1 WALLER 2.2
CALHOUN 2.1 HAYS 2.2 MCLENNAN 2.2 WASHINGTON 2.2
CAMERON 2.1 HIDALGO 2.1 MCMULLEN 2.1 WEBB 2.1
CHAMBERS 2.2 HILL 2.2 MEDINA 2.2 WHARTON 2.1
CHEROKEE 2.2 HOUSTON 2.2 MILAM 2.2 WILLACY 2.1
COLORADO 2.2 JACKSON 2.1 MONTGOMERY 2.2 WILLIAMSON 2.2
COMAL 2.2 JASPER 2.2 NEWTON 2.2 WILSON 2.2
CORYELL 2.2 JEFFERSON 2.2 NUECES 2.1 ZAPATA 2.1
Zone 3
ANDREWS 3.2 EL PASO 3.2 KERR 3.1 ROCKWALL 3.2
ARCHER 3.3 ELLIS 3.2 KIMBLE 3.1 RUNNELS 3.2
BAYLOR 3.3 ERATH 3.2 KING 3.3 RUSK 3.2
BLANCO 3.1 FANNIN 3.2 KNOX 3.3 SABINE 3.2
BORDEN 3.3 FISHER 3.2 LAMAR 3.2 SAN AUGUSTINE 3.2
BOWIE 3.2 FOARD 3.3 LAMPASAS 3.2 SAN SABA 3.2
BREWSTER 3.1 FRANKLIN 3.2 LLANO 3.1 SCHLEICHER 3.1
BROWN 3.2 GAINES 3.3 LOVING 3.2 SCURRY 3.3
BURNET 3.1 GARZA 3.3 LUBBOCK 3.3 SHACKELFORD 3.2
CALLAHAN 3.2 GILLESPIE 3.1 LYNN 3.3 SHELBY 3.2
CAMP 3.2 GLASSCOCK 3.2 MARION 3.2 SMITH 3.2
CASS 3.2 GRAYSON 3.2 MARTIN 3.2 SOMERVELL 3.2
CHILDRESS 3.3 GREGG 3.2 MASON 3.1 STEPHENS 3.2
CLAY 3.3 HALL 3.4 MCCULLOCH 3.2 STERLING 3.2
COKE 3.2 HAMILTON 3.2 MENARD 3.1 STONEWALL 3.3
COLEMAN 3.2 HARDEMAN 3.3 MIDLAND 3.2 SUTTON 3.1
COLLIN 3.2 HARRISON 3.2 MILLS 3.2 TARRANT 3.2
COLLINGSWORTH 3.3 HASKELL 3.2 MITCHELL 3.2 TAYLOR 3.2
COMANCHE 3.2 HEMPHILL 3.4 MONTAGUE 3.2 TERRELL 3.1
CONCHO 3.2 HENDERSON 3.2 MORRIS 3.2 TERRY 3.3
COOKE 3.2 HOOD 3.2 MOTLEY 3.3 THROCKMORTON 3.2
COTTLE 3.3 HOPKINS 3.2 NACOGDOCHES 3.2 TITUS 3.2
CRANE 3.2 HOWARD 3.2 NAVARRO 3.2 TOM GREEN 3.2
CROCKETT 3.1 HUDSPETH 3.2 NOLAN 3.2 UPSHUR 3.2
CROSBY 3.3 HUNT 3.2 PALO PINTO 3.2 UPTON 3.2
CULBERSON 3.2 IRION 3.2 PANOLA 3.2 VAN ZANDT 3.2
DALLAS 3.2 JACK 3.2 PARKER 3.2 WARD 3.2
DAWSON 3.3 JEFF DAVIS 3.2 PECOS 3.2 WHEELER 3.4
DELTA 3.2 JOHNSON 3.2 PRESIDIO 3.1 WICHITA 3.3
DENTON 3.2 JONES 3.2 RAINS 3.2 WILBARGER 3.3
DICKENS 3.3 KAUFMAN 3.2 REAGAN 3.2 WINKLER 3.2
EASTLAND 3.2 KENDALL 3.1 RED RIVER 3.2 WISE 3.2
ECTOR 3.2 KENT 3.3 REEVES 3.2 WOOD 3.2
YOUNG 3.2
Zone 4
ARMSTRONG DEAF SMITH HOCKLEY PARMER
BAILEY DONLEY HUTCHINSON POTTER
BRISCOE FLOYD LAMB RANDALL
CARSON GRAY LIPSCOMB ROBERTS
CASTRO HALE MOORE SHERMAN
COCHRAN HANSFORD OCHILTREE SWISHER
DALLAM HARTLEY OLDHAM YOAKUM
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Table 301.2. Table 301.2 “Warm Humid Counties and Territories” of Section 301 “Climate
Zones” of Chapter 3 “Climate Zones” of the 2006 International Energy Conservation Code is amended
by deleting the reference to “Texas” (and all the counties under the title “Texas”).
Section 301. Section 301 “Climate Zones” of Chapter 3 “Climate Zones” of the 2006
International Energy Conservation Code is amended by adding Table 301.2(1) “Warm Humid Counties
for Texas” immediately after Table 301.2 to read as follows:
TABLE 301.2(1)
WARM HUMID COUNTIES FOR TEXAS
ANDERSON 2.2 DUVAL 2.1 KAUFMAN 3.2 RED RIVER 3.2
ANGELINA 2.2 EDWARDS 2.2 KENDALL 3.1 REAL 2.2
ARANSAS 2.1 ELLIS 3.2 KENEDY 2.1 REFUGIO 2.1
ATASCOSA 2.1 ERATH 3.2 KINNEY 2.2 ROBERTSON 2.2
AUSTIN 2.2 FALLS 2.2 KLEBERG 2.1 ROCKWALL 3.2
BANDERA 2.2 FAYETTE 2.2 LA SALLE 2.1 RUSK 3.2
BASTROP 2.2 FORT BEND 2.2 LAMAR 3.2 SABINE 3.2
BEE 2.1 FRANKLIN 3.2 LAMPASAS 3.2 SAN AUGUSTINE 3.2
BELL 2.2 FREESTONE 2.2 LAVACA 2.2 SAN JACINTO 2.2
BEXAR 2.2 FRIO 2.1 LEE 2.2 SAN PATRICIO 2.1
BLANCO 3.1 GALVESTON 2.1 LEON 2.2 SAN SABA 3.2
BOSQUE 2.2 GILLESPIE 3.1 LLANO 3.1 SHELBY 3.2
BOWIE 3.2 GOLIAD 2.1 LIBERTY 2.2 SMITH 3.2
BRAZORIA 2.1 GONZALES 2.2 LIMESTONE 2.2 STARR 2.1
BROWN 3.2 GREGG 3.2 LIVE OAK 2.1 SOMMERVELL 3.2
BRAZOS 2.2 GRIMES 2.2 MADISON 2.2 TARRANT 3.2
BROOKS 2.1 GUADALUPE 2.2 MARION 3.2 TITUS 3.2
BURLESON 2.2 HAMILTON 3.2 MATAGORDA 2.1 TRAVIS 2.2
BURNET 3.1 HARDIN 2.2 MAVERICK 2.1 TRINITY 2.2
CALDWELL 2.2 HARRIS 2.2 MCLENNAN 2.2 TYLER 2.2
CALHOUN 2.1 HARRISON 3.2 MCMULLEN 2.1 UPSHUR 3.2
CAMERON 2.1 HAYS 2.2 MEDINA 2.2 UVALDE 2.2
CHAMBERS 2.2 HENDERSON 3.2 MILAM 2.2 VAL VERDE 2.2
CAMP 3.2 HIDALGO 2.1 MILLS 3.2 VAN ZANDT 3.2
CASS 3.2 HOOD 3.2 MONTGOMERY 2.2 VICTORIA 2.1
CHEROKEE 2.2 HOPKINS 3.2 MORRIS 3.2 WALKER 2.2
COLLIN 3.2 HILL 2.2 NACOGDOCHES 3.2 WALLER 2.2
COLORADO 2.2 HOUSTON 2.2 NAVARRO 3.2 WASHINGTON 2.2
COMAL 2.2 HUNT 3.2 NEWTON 2.2 WEBB 2.1
COMANCHE 3.2 JACKSON 2.1 NUECES 2.1 WHARTON 2.1
CORYELL 2.2 JASPER 2.2 ORANGE 2.2 WILLACY 2.1
DALLAS 3.2 JEFFERSON 2.2 PALO PINTO 3.2 WILLIAMSON 2.2
DELTA 3.2 JIM HOGG 2.1 PANOLA 3.2 WILSON 2.2
DENTON 3.2 JIM WELLS 2.1 PARKER 3.2 WOOD 3.2
DE WITT 2.1 JOHNSON 3.2 POLK 2.2 ZAPATA 2.1
DIMMIT 2.1 KARNES 2.1 RAINS 3.2 ZAVALA 2.1
Section 401. Section 401 “General” of Chapter 4 “Residential Energy Efficiency” of the 2006
International Energy Conservation Code is amended by adding Section 401.2.1 to read as follows:
401.2.1 Compliance software tools. Software tools used to demonstrate energy code compliance
that are deemed acceptable by the building official may only utilize the energy chapter of the 2006
International Energy Conservation Code or the 2004 edition of the ASHRAE 90.1 Energy
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Standard for Buildings Except Low-Rise Residential Buildings when code edition and/or standard
selection is available. The PNL program, REScheck™, is not acceptable for residential compliance.
Section 402.1.1. Section 402.1.1 of Section 402 “Building Thermal Envelope” of Chapter 4
“Residential Energy Efficiency” of the 2006 International Energy Conservation Code is amended to
read as follows:
402.1.1 Insulation and fenestration criteria. The building thermal envelope shall meet the
requirements of Table 402.1.1 based on the climate zone specified in Chapter 3. The use of
REScheck™ shall not be an acceptable means of demonstrating envelope compliance.
When compliance using Table 402.1.1 is demonstrated with a ceiling R-value of R-30 or less, no
more than 33 percent of the total projected ceiling area may be of cathedral type construction
(ceiling joist/roof rafter assembly) and the required insulation R-value may be reduced to a
minimum of R-22 insulation when the remaining ceiling area insulation is increased to R-38.
Table 402.1.1. Table 402.1.1 of Chapter 4 “Residential Energy Efficiency” of the 2006
International Energy Conservation Code is amended to read as follows:
TABLE 402.1.1
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT (TEXAS)a
MAX
GLAZED MIN
CLIMATE AREA TO MAX MIN WOOD MIN CRAWL
- SUB WALL GLAZED MAX MAX GLAZED MIN FRAME MASS MIN BASEMENT MIN SLAB SPACE
CLIMATE AREA FENESTRATION SKYLIGHT FENESTRATION CEILING WALL WALL FLOOR WALL R-VALUE WALL
b d c
ZONE RATIO U-FACTOR U- FACTOR SHGC R-VALUE R-VALUE R-VALUE R-VALUE R-VALUE & DEPTH R-VALUE
15 0.75 0.75 0.38 19 13 6 19 0 0 5
20 0.70 0.75 0.38 30 13 6 19 0 0 5
2.1
25 0.65 0.75 0.35 30 13 6 19 0 0 5
30 0.54 0.75 0.35 38 13 6 19 0 0 5
15 0.65 0.75 0.38 30 13 6 19 5 0 6
20 0.65 0.75 0.38 38 13 6 19 6 0 6
2.2 25 0.54 0.75 0.35 38 13 6 19 8 0 10
30 0.46 0.75 0.35 38 16, 13 + 6 19 8 0 10
e
3.7
15 0.65 0.65 0.40 30 13 6 19 5 0 6
20 0.55 0.65 0.40 38 13 6 19 5 0 6
3.1 25 0.54 0.65 0.35 38 13 6 19 8 0 10
30 0.46 0.65 0.35 38 16, 13 + 7 19 8 0 10
e
3.7
15 0.60 0.65 0.40 30 13 6 19 6 0 7
20 0.54 0.65 0.40 38 13 6 19 6 0 7
25 0.51 0.65 0.40 38 16, 13 + 7 19 6 0 7
3.2 e
3.7
30 0.46 0.65 0.38 38 16, 13 + 7 19 6 0 7
e
3.7
15 0.51 0.65 0.40 30 13 6 19 7 0 8
20 0.45 0.65 0.40 38 13 6 19 7 0 9
25 0.40 0.65 0.40 38 16, 13 + 7 19 7 0 9
3.3 e
3.7
30 0.40 0.65 0.40 38 19, 13 + 9 19 7 0 9
e
8.1
15 0.45 0.60 NR 38 13 6 19 8 5, 2 ft 11
20 0.37 0.60 NR 38 13 6 19 8 6, 2 ft 13
25 0.37 0.60 NR 38 19, 13 + 9 19 8 6, 2 ft 13
3.4 e
8.1
30 0.37 0.60 NR 38 19, 13 + 8.1 9 30 8 6, 2 ft 13
e
4 15 0.45 0.60 NR 38 13 8 19 8 5, 2 ft 11
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20 0.37 0.60 NR 38 13 8 19 9 6, 2 ft 13
25 0.37 0.60 NR 38 19, 13 + 10 19 9 6, 2 ft 13
e
8.1
30 0.37 0.60 NR 38 19, 13 + 10 30 9 6, 2 ft 13
e
8.1
For SI: 1 foot = 304.8 mm.
a. R-values are minimums. U-factors and SHGC are maximums. R-19 shall be permitted to be compressed into a 2 x 6
cavity.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.
c. R-5 shall be added to the required slab edge R-values for heated slabs.
d. The total R-value may be achieved with a combination of cavity insulation and insulating sheathing that covers 100
percent of the exterior wall.
e. The wall insulation may be the sum of the two values where the first value is the cavity insulation and the second value
is insulating sheathing. The combination of cavity insulation plus insulating sheathing may be used where structural
sheathing covers not more than 25 percent of the exterior wall area and insulating sheathing is not required where
structural sheathing is used. If structural sheathing covers more than 25 percent of exterior wall area then the wall
insulation requirement may only be satisfied with the single insulation value.
Table 402.1.3. Table 402.1.3 of Chapter 4 “Residential Energy Efficiency” of the 2006
International Energy Conservation Code is amended to read as follows:
TABLE 402.1.3
EQUIVALENT U-FACTORSa
MAX
CLIMATE - GLAZED MAX MAX
SUB AREA TO GLAZED MAX MAX MAX WOOD MAX MASS MAX BASEMENT MAX CRAWL
CLIMATE WALL AREA FENESTRATION SKYLIGHT CEILING FRAME WALL WALL FLOOR WALL SPACE WALL
ZONE RATIO U-FACTOR U-FACTOR U-FACTOR U-FACTOR U-FACTOR U-FACTOR U-FACTOR U-FACTOR
15 0.75 0.75 0.039 0.082 0.124 0.047 0.360 0.136
20 0.70 0.75 0.034 0.082 0.124 0.047 0.360 0.136
2.1
25 0.65 0.75 0.034 0.082 0.124 0.047 0.360 0.136
30 0.54 0.75 0.030 0.082 0.124 0.047 0.360 0.136
15 0.65 0.75 0.034 0.082 0.124 0.047 0.210 0.100
20 0.65 0.75 0.030 0.082 0.124 0.047 0.210 0.100
2.2
25 0.54 0.75 0.030 0.082 0.124 0.047 0.119 0.065
30 0.46 0.75 0.030 0.071 0.124 0.047 0.119 0.065
15 0.65 0.65 0.034 0.082 0.124 0.047 0.210 0.100
20 0.55 0.65 0.030 0.082 0.124 0.047 0.210 0.100
3.1
25 0.54 0.65 0.030 0.082 0.124 0.047 0.119 0.065
30 0.46 0.65 0.030 0.071 0.112 0.047 0.119 0.065
15 0.60 0.65 0.034 0.082 0.124 0.047 0.179 0.075
20 0.54 0.65 0.030 0.082 0.124 0.047 0.179 0.075
3.2
25 0.51 0.65 0.030 0.071 0.112 0.047 0.179 0.075
30 0.46 0.65 0.030 0.071 0.112 0.047 0.179 0.075
15 0.51 0.65 0.034 0.082 0.124 0.047 0.149 0.061
20 0.45 0.65 0.030 0.082 0.124 0.047 0.149 0.058
3.3
25 0.40 0.65 0.030 0.075 0.112 0.047 0.149 0.058
30 0.40 0.65 0.030 0.061 0.094 0.047 0.149 0.058
15 0.45 0.60 0.030 0.082 0.124 0.047 0.119 0.083
20 0.37 0.60 0.030 0.082 0.124 0.047 0.119 0.152
3.4
25 0.37 0.60 0.030 0.061 0.094 0.047 0.119 0.152
30 0.37 0.60 0.030 0.061 0.094 0.033 0.119 0.152
15 0.45 0.60 0.030 0.082 0.102 0.047 0.119 0.083
4 20 0.37 0.60 0.030 0.082 0.102 0.047 0.089 0.152

25 0.37 0.60 0.030 0.061 0.087 0.047 0.089 0.152
30 0.37 0.60 0.030 0.061 0.087 0.033 0.089 0.152
a. Nonfenestration U-factors shall be obtained from measurement, calculation, or an approved source.
Section 402. Section 402 “Building Thermal Envelope” of Chapter 4 “Residential Energy
Efficiency” of the 2006 International Energy Conservation Code is amended by adding Section
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402.2.11 Insulation installed in walls. Insulation batts installed in walls shall be totally
surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood
structural panel sheathing, or other equivalent material approved by the building official.
read as follows:
402.3.2 Glazed fenestration SHGC. An area-weighted average of fenestration products more than
50 percent glazed shall be permitted to satisfy the SHGC requirements. In sub-climate zones 2.1,
2.2, 3.1, 3.2, and 3.3 the maximum area-weighted average and the maximum SHGC shall not
exceed 0.40.
read as follows:
402.3.3 Glazed fenestration exemption. Up to 1 percent of glazed fenestration per dwelling unit
shall be permitted to be exempt from U-factor and SHGC requirements in Section 402.1.1.
read as follows:
402.3.5 Thermally isolated sunroom. New windows and doors separating the sunroom from
conditioned space shall meet the building thermal envelope requirements.
read as follows:
402.3.6 Replacement fenestration. Where some or all of an existing fenestration unit is replaced
with a new fenestration product, including sash and glazing, the replacement fenestration unit shall
meet the applicable requirements for U-factor in Table 402.3.7.
Exceptions:
1. Replacement skylights shall have a maximum U-factor of 0.60 when installed in all
sub-climate zones except for 2.1.
2. For buildings constructed in conformance with an energy code as required by Chapter

388 of the Texas Health and Safety Code, replacement fenestration units may comply
with the original construction documents or applicable U-factor in Table 402.1.1.
Efficiency” of the 2006 International Energy Conservation Code is amended by adding Section 402.3.7
to read as follows:
402.3.7 Prescriptive path for additions. As an alternative for demonstrating compliance,

additions with a conditioned floor area less than 500 square feet to existing single-family residential
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buildings and structures shall meet the prescriptive envelope component criteria in Table 402.3.7
for the sub-climate zone applicable to the location. The U-factor of each individual fenestration
product (windows, doors, and skylights) shall be used to calculate the area-weighted average
fenestration product U-factor for the addition, which shall not exceed the applicable listed values in
Table 402.3.7. For additions, other than sunroom additions, the total area of fenestration products
shall not exceed 40 percent of the gross wall and roof area of the addition. The R-values for opaque
thermal envelope components shall be equal to or greater than the applicable listed values in Table
402.3.7.
Conditioned sunroom additions shall maintain thermal isolation. Conditioned sunroom

additions shall not be used as kitchens or sleeping rooms.
In sub-climate zones 2.1, 2.2, 3.1, 3.2, and 3.3, the combined solar heat gain coefficient (the
area-weighted average) of all glazed fenestration products used in additions and as replacement
windows in accordance with this section shall not exceed 0.40.
Efficiency” of the 2006 International Energy Conservation Code is amended by adding Table 402.3.7
to read as follows:
TABLE 402.3.7
PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA
ADDITIONS TO AND REPLACEMENT WINDOWS FOR EXISTING DETACHED
ONE- AND TWO-FAMILY DWELLINGSd
MAXIMUM MINIMUM
SUB Basement Slab

CLIMATE Fenestration Ceiling Wall Floor wall perimeter Crawl space wall
ZONES U-factor R-valuea, d R-valued R-value R-valueb R-value R-valuec
2.1 0.75 26 13 11 5 0 5
2.2, 3.1,
3.2, 3.3, 0.50 30 13 19 8 0 10
and 3.4
4 0.50 38 13 21 10 0 19
a. “Ceiling R-value” shall be required for flat or inclined (cathedral) ceilings. Floors over outside air shall meet “Ceiling
R-value” requirements.
b. Basement wall insulation to be installed in accordance with Section 402.2.6.
c. “Crawl space wall R-value” shall apply to unventilated crawl spaces only. Crawl space insulation shall be installed in
accordance with Section 402.2.8.
d. Sunroom additions shall be required to have a maximum fenestration U-factor of 0.5 in all sub-climate zones except
sub-climate zone 2.1. In all sub-climate zones, the minimum ceiling R-value for sunroom additions shall be R-19 and
the minimum wall R-value shall be R-13.
Section 403.2.1. Section 403.2.1 of Section 403 “Systems (Mandatory)” of Chapter 4

read as follows:
403.2.1 Installation. Supply and return ducts shall be insulated to a minimum of R-8. Ducts in
floor trusses shall be insulated to a minimum of R-6.
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Exceptions:
1. Ducts or portions thereof located completely inside the building thermal envelope.
2. Supply and return ducts can be insulated to a minimum of R-6, if the efficiency of the
cooling equipment is upgraded to one SEER point above the NAECA (National
Appliance Energy Conservation Act) Standard.
Section 501. Section 501 “General” of Chapter 5 “Commercial Energy Efficiency” of the 2006
International Energy Conservation Code is amended by adding Section 501.3 to read as follows:
501.3 Compliance software tools. Software tools used to demonstrate energy code compliance that
are deemed acceptable by the building official may only utilize the energy chapter of the 2006
International Energy Conservation Code or the 2004 edition of the ASHRAE 90.1 Energy Standard for
Buildings Except Low-rise Residential Buildings when code edition and/or standard selection is
available.
Section 505.2.1. Section 505.2.1 of Section 505 “Electrical Power and Lighting Systems
(Mandatory)” of Chapter 5 “Commercial Energy Efficiency” of the 2006 International Energy
Conservation Code is amended to read as follows:
505.2.1 Interior lighting controls. Each area enclosed by walls or floor-to-ceiling partitions shall
have at least one manual control for the lighting serving that area. The required controls shall be
located within the area served by the controls or be a remote switch that identifies the lights served
and indicates their status. Each control device shall control a maximum of 2,500 square feet of
floor area for a space 10,000 square feet or less and a maximum of 10,000 square feet for a space
greater than 10,000 square feet.
Exceptions:
1. Areas designated as security or emergency areas that must be continuously lighted.
2. Lighting in stairways or corridors that are elements of the means of egress.
SECTION 5. That Section 8-8 “International Plumbing Code” of Chapter 8 of Development

Sec. 8-8. International Plumbing Code.
(a) Plumbing Code. The 2006 edition of the International Plumbing Code with amendments,
modifications, and deletions as specified in this section is adopted as the plumbing code for the City of
Irving, Texas.
(b) Amendments, modifications, and deletions to the 2006 International Plumbing Code.
Amendments, modifications, and deletions to the 2006 International Plumbing Code are adopted as
follows:
Table of Contents. Table of Contents reference to Section 714 of the 2006 International Plumbing
Code is amended to read as follows:
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714 Engineered Drainage Design………..65
International Plumbing Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Plumbing Code of the City of Irving, Texas,
hereinafter referred to as “this code” or “IPC.”
101.2 Scope. The provisions of this code shall apply to the erection, installation, alteration, repairs,
relocation, replacement, addition to, use, or maintenance of plumbing systems within this jurisdiction.
This code shall also regulate nonflammable medical gas, inhalation anesthetic, vacuum piping,
nonmedical oxygen systems, and sanitary and condensate vacuum collection systems. The installation
of fuel gas distribution piping and equipment, fuel gas-fired water heaters, and water heater venting
systems shall be regulated by the International Fuel Gas Code. Provisions in the appendices shall not
apply unless specifically adopted.
Exceptions:
1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses)
not more than three stories high with separate means of egress and their accessory structures
shall comply with the International Residential Code.
2. Plumbing systems in existing buildings undergoing repair, alterations, additions, or change
of occupancy may be permitted to comply with the International Existing Building Code
with prior approval of the code official.
Section 102.8. Section 102.8 of Section 102 “Applicability” of Chapter 1 “Administration” of the
2006 International Plumbing Code is amended to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this code shall be
those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be
considered as part of the requirements of this code to the prescribed extent of each such reference.
Where differences occur between provisions of this code and the referenced standards, the provisions of
this code shall be the minimum requirements. Whenever amendments have been adopted to the
referenced codes and standards, each reference to said code and standard shall be considered to
reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean
the Electrical Code as adopted.
Section 106.6.2. Section 106.6.2 of Section 106 “Permits” of Chapter 1 “Administration” of the
106.6.2 Fee schedule. The fees for all plumbing work shall be as indicated in Appendix L of the
2006 International Building Code.
106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows:
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The code official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee not later than 180 days after the date of fee payment.
Section 108. Section 108 “Violations” of Chapter 1 “Administration” of the 2006 International
Plumbing Code is amended by deleting Section 108.4 “Violation penalties.”
Section 108.5. Section 108.5 of Section 108 “Violations” of Chapter 1 “Administration” of the 2006
108.5 Stop work orders. Upon notice from the code official, work on any plumbing system that is
being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately
cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s
agent, or the person doing the work. The notice shall state the conditions under which work is
authorized to resume. Where an emergency exists, the code official shall not be required to give a
written notice prior to stopping the work. It shall be an affirmative defense to this section that the work
being done was work that person was directed by the code official to perform to remove a violation or
unsafe condition.
Section 109. Section 109 “Means Of Appeal” of Chapter 1 “Administration” of the 2006
International Plumbing Code is amended in its entirety to read as follows:
SECTION 109
MEANS OF APPEAL
109.1 Construction board of appeals. Any person shall have the right to appeal a decision of the code
official to the construction board of appeals. Plumbing code appeals shall be handled in accordance
with the provisions set forth in Section 112 of the 2006 International Building Code.
Section 305.6.1. Section 305.6.1 of Section 305 “Protection of Pipes and Plumbing System
Components” of Chapter 3 “General Regulations” of the 2006 International Plumbing Code is amended
to read as follows:
305.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches below grade.
Section 305.9. Section 305.9 of Section 305 “Protection of Pipes and Plumbing System
Components” of Chapter 3 “General Regulations” of the 2006 International Plumbing Code is amended
to read as follows:
305.9 Protection of components of plumbing system. Components of a plumbing system installed

within 3 feet along alleyways, driveways, parking garages, or other locations in a manner in which they
would be exposed to damage shall be recessed into the wall or otherwise protected in an approved
manner.
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Section 310. Section 310 “Washroom and Toilet Room Requirements” of Chapter 3 “General
Regulations” of the 2006 International Plumbing Code is amended by deleting Sections 310.4 “Water
closet compartment” and 310.5 “Urinal partitions.”
Section 312.9.1. Section 312.9.1 of Section 312 “Tests and Inspections” of Chapter 3 “General
Regulations” of the 2006 International Plumbing Code is amended to read as follows:
312.9.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and
air gaps to determine whether they are operable. In the absence of local provisions, the owner is
responsible to ensure that testing is performed.
Section 312.9.2. Section 312.9.2 of Section 312 “Tests and Inspections” of Chapter 3 “General
312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double check-valve
assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow
prevention assemblies, double check detector fire protection backflow prevention assemblies, hose
connection backflow preventers, and spill-proof vacuum breakers shall be tested at the time of
installation, immediately after repairs or relocation and at least annually. The testing procedure
shall be performed in accordance with applicable local provisions. In the absence of local
provisions, the owner is responsible to ensure that testing is done in accordance with one of the
following standards:
ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA
B64.10, OR CSA B64.10.1
Section 314.2.1. Section 314.2.1 of Section 314 “Condensate Disposal” of Chapter 3 “General
[M] 314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not
discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance.
[M] 314.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall
be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS,
CPVC, or Schedule 80 PVC pipe or tubing when exposed to ultraviolet light. All components shall
be selected for the pressure, temperature, and exposure rating of the installation. Condensate waste
and drain line size shall not be less than 0.75 inch internal diameter and shall not decrease in size
from the drain pan connection to the place of condensate disposal. Where the drain pipes from
more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be
sized in accordance with an approved method. All horizontal sections of drain piping shall be
installed in uniform alignment at a uniform slope.
Section 401.1. Section 401.1 of Section 401 “General” of Chapter 4 “Fixtures, Faucets and Fixture
Fittings” of the 2006 International Plumbing Code is amended to read as follows:
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401.1 Scope. This chapter shall govern the materials, design, and installation of plumbing fixtures,
faucets, and fixture fittings in accordance with the type of occupancy, and shall provide for the
minimum number of fixtures for various types of occupancies. The provisions of this code are meant to
work in coordination with the provisions of all the other similar codes, such as the International
Building Code. Should any conflicts arise between different codes, the code official shall determine
which provision applies.
“Fixtures, Faucets and Fixture Fittings” of the 2006 International Plumbing Code is amended to read as
follows:
403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy
and in the minimum number as follows:
1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in
an approved location.
Exception: A drinking fountain need not be provided in a drinking or dining establishment.
2. Groups A, B, F, H, I, M, and S Occupancies: Buildings or portions thereof where persons are

employed shall be provided with at least one water closet for each sex, except as provided for in
Section 403.2.
3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1.
4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1.
It is recommended, but not required, that the minimum number of fixtures provided also comply
with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be
considered individually by the code official. The number of occupants shall be determined by the
International Building Code. Occupancy classification shall be determined in accordance with the
Section 403. Section 403 “Minimum Plumbing Facilities” of Chapter 4 “Fixtures, Faucets and
Fixture Fittings” of the 2006 International Plumbing Code is amended by adding Section 403.1.2 to
read as follows:
403.1.2 Finish material. Finish materials shall comply with Section 1209 of the International
Building Code.
Section 405. Section 405 “Installation of Fixtures” of Chapter 4 “Fixtures, Faucets and Fixture
Fittings” of the 2006 International Plumbing Code is amended by deleting Section 405.6 “Plumbing in
mental health centers.”
Section 409.2. Section 409.2 of Section 409 “Dishwashing Machines” of Chapter 4 “Fixtures,
Faucets and Fixture Fittings” of the 2006 International Plumbing Code is amended to read as follows:
409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected
against backflow by an air gap or backflow preventer in accordance with Section 608.
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Section 410.1. Section 410.1 of Section 410 “Drinking Fountains” of Chapter 4 “Fixtures, Faucets
and Fixture Fittings” of the 2006 International Plumbing Code is amended to read as follows:
410.1 Approval. Drinking fountains shall conform to ASME A112.19.1M, ASME A112.19.2M, or
ASME A112.19.9M, and water coolers shall conform to ARI 1010. Drinking fountains and water
coolers shall conform to NSF 61, Section 9.
Exception: A drinking fountain need not be provided in a drinking or dining establishment.
Section 412.4. Section 412.4 of Section 412 “Floor and Trench Drains” of Chapter 4 “Fixtures,
412.4 Required location. Floor drains shall be installed in the following areas:
1. In public coin-operated laundries and in the central washing facilities of multiple family
dwellings, the rooms containing automatic clothes washers shall be provided with floor drains
located to readily drain the entire floor area. Such drains shall have a minimum outlet of not
less than 3 inches in diameter.
2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code official may
accept floor sinks.)
Section 413.4. Section 413.4 of Section 413 “Food Waste Grinder Units” of Chapter 4 “Fixtures,
413.4 Water supply required. All food waste grinders shall be provided with a supply of cold water.
The water supply shall be protected against backflow by an air gap or with the installation of a
backflow preventer in accordance with Section 608.
Section 417.5. Section 417.5 of Section 417 “Showers” of Chapter 4 “Fixtures, Faucets and Fixture
417.5 Shower floors or receptors. Floor surfaces shall be constructed of impervious, noncorrosive,
nonabsorbent, and waterproof materials.
Thresholds shall be a minimum of 2 inches and a maximum of 9 inches, measured from top of the
drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a minimum
22 inch door.
Exception: Showers designed to comply with ICC/ANSI A117.1.
Section 417.5.2. Section 417.5.2 of Section 417 “Showers” of Chapter 4 “Fixtures, Faucets and
Fixture Fittings” of the 2006 International Plumbing Code is amended to read as follows:
417.5.2 Shower lining. Floors under shower compartments, except where prefabricated receptors
have been provided, shall be lined and made water tight utilizing material complying with Sections
417.5.2.1 through 417.5.2.4. Such liners shall turn up on all sides at least 3 inches above the
finished threshold level and shall extend outward over the threshold and fastened to the outside of
the threshold jamb. Liners shall be recessed and fastened to an approved backing so as not to
occupy the space required for wall covering, and shall not be nailed or perforated at any point less
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than 1 inch above the finished threshold. Liners shall be pitched 1/4 unit vertical in 12 units
horizontal (2 percent slope) and shall be sloped toward the fixture drains and be securely fastened to
the waste outlet at the seepage entrance, making a water-tight joint between the liner and the outlet.
Section 417. Section 417 “Showers” of Chapter 4 “Fixtures, Faucets and Fixture Fittings” of the
2006 International Plumbing Code is amended by adding Section 417.7 to read as follows:
417.7 Test for shower receptors. Shower receptors shall be tested for water tightness by filling with
water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of
pans shall be subjected to the test at the point where it is clamped to the drain.
Section 419.3. Section 419.3 of Section 419 “Urinals” of Chapter 4 “Fixtures, Faucets and Fixture
419.3 Surrounding material. Wall and floor space to a point 2 feet in front of a urinal lip and 4 feet
above the floor and at least 2 feet to each side of the urinal shall be waterproofed with a smooth, readily
cleanable, hard, nonabsorbent material.
Section 502.3. Section 502.3 of Section 502 “Installation” of Chapter 5 “Water Heaters” of the
502.3 Water heaters installed in attics. Attics containing a water heater shall be provided with an
opening and unobstructed passageway large enough to allow removal of the water heater. The
passageway shall not be less than 30 inches high and 22 inches wide and not more than 20 feet in
length when measured along the centerline of the passageway from the opening to the water heater. The
passageway shall have continuous solid flooring not less than 24 inches wide. A level service space at
least 30 inches deep and 30 inches wide shall be present at the front or service side of the water heater.
The clear access opening dimensions shall be a minimum of 20 inches by 30 inches, or larger where
such dimensions are not large enough to allow removal of the water heater.
Section 502. Section 502 “Installation” of Chapter 5 “Water Heaters” of the 2006 International
Plumbing Code is amended by adding Sections 502.5 and 502.5.1 to read as follows:
502.5 Water heaters above ground or floor. When the attic, roof, mezzanine, or platform in which a
water heater is installed is more than 8 feet above the ground or floor level, it shall be made accessible
by a stairway or permanent ladder fastened to the building.
Exception: A maximum 10 gallon water heater (or larger with approval) is capable of being
accessed through a lay-in ceiling and a water heater is installed is not more than 10 feet above the
ground or floor level and may be reached with a portable ladder.
502.5.1 Lighting and receptacle outlets. Whenever the mezzanine or platform is not adequately
lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a
receptacle outlet shall be provided in accordance with Section 502.1.
Section 504.6. Section 504.6 of Section 504 “Safety Devices” of Chapter 5 “Water Heaters” of the
504.6 Requirements for discharge piping. The discharge piping serving a pressure relief valve,
temperature relief valve or combination thereof shall:
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1. Not be directly connected to the drainage system.
2. Discharge through an air gap.
3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to
the air gap.
4. Serve a single relief device and shall not connect to piping serving any other relief device or
equipment.
Exception: Multiple relief devices may be installed to a single T & P discharge piping
system when approved by the administrative authority and permitted by the manufacturer’s
installation instructions and installed with those instructions.
5. Discharge to an indirect waste receptor or to the outdoors. Where discharging to the outdoors in
areas subject to freezing, discharge piping shall be first piped to an indirect waste receptor
through an air gap located in a conditioned area.
6. Discharge in a manner that does not cause personal injury or structural damage.
7. Discharge to a termination point that is readily observable by the building occupants.
8. Not be trapped.
9. Be installed so as to flow by gravity.
10. Not terminate less than 6 inches or more than 24 inches above grade nor more than 6 inches
above the waste receptor.
11. Not have a threaded connection at the end of such piping.
12. Not have valves or tee fittings.
13. Be constructed of those materials listed in Section 605.4 or materials tested, rated, and approved
for such use in accordance with ASME A112.4.1.
Section 602. Section 602 “Water Required” of Chapter 6 “Water Supply and Distribution” of the
2006 International Plumbing Code is amended by adding Section 602.2.1 to read as follows:
602.2.1 Separate water service required. Water supplied to any residential dwelling unit shall be
publicly metered separately from water provided for all other uses. For purposes of this section on
metering, the apartment office shall not be considered a dwelling unit, even if it contains sleeping,
kitchen, or bathroom facilities and must be metered separately from dwelling units.
Section 604. Section 604 “Design of Building Water Distribution System” of Chapter 6 “Water
Supply and Distribution” of the 2006 International Plumbing Code is amended by adding Section
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604.4.1 State maximum flow rate. Where the state mandated maximum flow rate is more
restrictive than those of this section, the state flow rate shall take precedence.
Table 605.3. Table 605.3 “Water Service Pipe” of Section 605 “Materials, Joints and Connections”
of Chapter 6 “Water Supply and Distribution” of the 2006 International Plumbing Code is amended by
deleting “Polybutylene (PB) plastic pipe and tubing” from the table.
Table 605.4. Table 605.4 “Water Distribution Pipe” of Section 605 “Materials, Joints and
Connections” of Chapter 6 “Water Supply and Distribution” of the 2006 International Plumbing Code
is amended by deleting “Polybutylene (PB) plastic pipe and tubing” from the table.
Section 606.1. Section 606.1 of Section 606 “Installation of the Building Water Distribution
System” of Chapter 6 “Water Supply and Distribution” of the 2006 International Plumbing Code is
amended by deleting items #4 and #5.
Section 606.2. Section 606.2 of Section 606 “Installation of the Building Water Distribution
System” of Chapter 6 “Water Supply and Distribution” of the 2006 International Plumbing Code is
606.2 Location of shutoff valves. Shutoff valves shall be installed in the following locations:
1. On the fixture supply to each plumbing fixture other than bathtubs and showers in one- and two-
family residential occupancies, and other than in individual sleeping units that are provided with
unit shutoff valves in hotels, motels, boarding houses, and similar occupancies.
2. On the water supply pipe to each appliance or mechanical equipment.
Section 608.1. Section 608.1 of Section 608 “Protection of Potable Water Supply” of Chapter 6
“Water Supply and Distribution” of the 2006 International Plumbing Code is amended to read as
follows:
608.1 General. A potable water supply system shall be designed, installed, and maintained in such a
manner so as to prevent contamination from nonpotable liquids, solids, or gases being introduced into
the potable water supply through cross-connections or any other piping connections to the system.
Backflow preventer applications shall conform to applicable local regulations, Table 608.1, and as
specifically stated in Sections 608.2 through 608.16.10.
Section 608.16.5. Section 608.16.5 of Section 608 “Protection of Potable Water Supply” of Chapter
6 “Water Supply and Distribution” of the 2006 International Plumbing Code is amended to read as
follows:
608.16.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation
systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-
type vacuum breaker, a double-check assembly, or a reduced pressure principle backflow preventer.
A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals
are introduced into the system, the potable water supply shall be protected against backflow by a
reduced pressure principle backflow preventer.
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Section 608.17. Section 608.17 of Section 608 “Protection of Potable Water Supply” of Chapter 6
follows:
608.17 Protection of individual water supplies. An individual water supply shall be located and
constructed so as to be safeguarded against contamination in accordance with applicable local
regulations. In the absence of other local regulations, installation shall be in accordance with Sections
608.17.1 through 608.17.8.
Section 610.1. Section 610.1 of Section 610 “Disinfection of Potable Water System” of Chapter 6
follows:
610.1 General. New or repaired potable water systems shall be purged of deleterious matter and
disinfected prior to utilization. The method to be followed shall be that prescribed by the health
authority or water purveyor having jurisdiction or, in the absence of a prescribed method, the procedure
described in either AWWA C651 or AWWA C652, or as described in this section. This requirement
shall apply to “on-site” or “in-plant” fabrication of a system or to a modular portion of a system.
1. The pipe system shall be flushed with clean, potable water until dirty water does not appear at
the points of outlet.
2. The system or part thereof shall be filled with a water/chlorine solution containing at least 50
parts per million of chlorine, and the system or part thereof shall be valved off and allowed to
stand for 24 hours; or the system or part thereof shall be filled with a water/chlorine solution
containing at least 200 parts per million of chlorine and allowed to stand for 3 hours.
3. Following the required standing time, the system shall be flushed with clean potable water until
the chlorine is purged from the system.
4. The procedure shall be repeated where shown by a bacteriological examination that

contamination remains present in the system.
Exception: With prior approval, the code official may waive this requirement when deemed
unnecessary by the code official.
Section 712. Section 712 “Sumps and Ejectors” of Chapter 7 “Sanitary Drainage” of the 2006
International Plumbing Code is amended by adding Section 712.5 to read as follows:
712.5 Dual pump system. All sumps shall be automatically discharged and, when in any “public use”
occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or
ejectors arranged to function independently in case of overload or mechanical failure. For storm
drainage sumps and pumping systems, see Section 1113.
Section 714. Section 714 “Computerized Drainage Design” of Chapter 7 “Sanitary Drainage” of
the 2006 International Plumbing Code is amended in its entirety to read as follows:
SECTION 714
ENGINEERED DRAINAGE DESIGN
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714.1 Design of drainage system. The sizing, design, and layout of the drainage system shall be
permitted to be designed by approved design methods.
Section 802.1.6. Section 802.1.6 of Section 802 “Indirect Wastes” of Chapter 8 “Indirect/Special
Waste” of the 2006 International Plumbing Code is amended to read as follows:
802.1.6 Domestic dishwashing machines. Domestic dishwashing machines shall discharge
indirectly through an air gap or air break into a standpipe or waste receptor in accordance with
Section 802.2, or discharge into a wye-branch fitting on the tailpiece of the kitchen sink or the
dishwasher connection of a food waste grinder. The waste line of a domestic dishwashing machine
discharging into a kitchen sink tailpiece or food waste grinder shall connect to an air gap or the
waste line shall rise and be securely fastened to the underside of the sink rim or counter.
Section 802.4. Section 802.4 of Section 802 “Indirect Wastes” of Chapter 8 “Indirect/Special
Waste” of the 2006 International Plumbing Code is amended to read as follows:
802.4 Standpipes. Standpipes shall be individually trapped. Standpipes shall extend a minimum of 18
inches and a maximum of 42 inches above the trap weir. Access shall be provided to all standpipes and
drains for rodding. No standpipe shall be installed below the ground.
Section 904.1. Section 904.1 of Section 904 “Vent Terminals” of Chapter 9 “Vents” of the 2006
904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least 6
inches above the roof, except that where a roof is to be used for any purpose other than weather
protection, the vent extensions shall be run at least 7 feet above the roof.
Section 906.1. Section 906.1 of Section 906 “Fixture Vents” of Chapter 9 “Vents” of the 2006
International Plumbing Code is amended in its entirety to read as follows:
906.1 Distance of trap from vent. Each fixture trap shall have a protecting vent located so that the
slope and the developed length in the fixture drain from the trap weir to the vent fitting are within the
requirements set forth in Table 906.1.
Section 912.1. Section 912.1 of Section 912 “Combination Drain and Vent System” of Chapter 9
“Vents” of the 2006 International Plumbing Code is amended to read as follows:
912.1 Type of fixture. A combination drain and vent system shall not serve fixtures other than floor
drains, standpipes, and indirect waste receptors. Combination drain and vent systems shall not receive
the discharge from a food waste grinder or clinical sink.
Section 1002. Section 1002 “Trap Requirements” of Chapter 10 “Traps, Interceptors and
Separators” of the 2006 International Plumbing Code is amended by deleting Section 1002.10
“Plumbing in mental health centers.”
Section 1101.8. Section 1101.8 of Section 1101 “General” of Chapter 11 “Storm Drainage” of the
1101.8 Cleanouts required. Cleanouts shall be installed in the building storm drainage system and
shall comply with the provisions of this code for sanitary drainage pipe cleanouts.
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Exception: Subsurface drainage system.
Section 1106.1. Section 1106.1 of Section 1106 “Size of Conductors, Leaders and Storm Drains” of
Chapter 11 “Storm Drainage” of the 2006 International Plumbing Code is amended to read as follows:
1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm
sewers, and any horizontal branches of such drains or sewers shall be based on 6 inches per hour
rainfall rate.
Section 1107.3. Section 1107.3 of Section 1107 “Secondary (Emergency) Roof Drains” of Chapter
11 “Storm Drainage” of the 2006 International Plumbing Code is amended to read as follows:
1107.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized in
accordance with Section 1106. Scuppers shall be sized to prevent the depth of ponding water from
exceeding that for which the roof was designed as determined by Section 1101.7. Scuppers shall not
have an opening dimension of less than 4 inches. The flow through the primary system shall not be
considered when sizing the secondary roof drain system.
Section 1202. Section 1202 “Medical Gases” of Chapter 12 “Special Piping and Storage Systems”
of the 2006 International Plumbing Code is amended in its entirety to read as follows:
SECTION 1202
MEDICAL GASES
[F] 1202.1 Nonflammable medical gases. Nonflammable medical gas systems, inhalation anesthetic
systems, and vacuum piping systems shall be designed and installed in accordance with NFPA 99C.
Exception: This section shall not apply to portable systems or cylinder storage.
2006 International Plumbing Code. The 2006 International Plumbing Code is amended by adding
Appendix I “Irrigation Systems” to read as follows:
APPENDIX I
IRRIGATION SYSTEMS
I101.1 Scope. This appendix applies to the installation, alteration, repairs, relocation, replacement,
addition to, use, or maintenance of irrigation systems within the city. This appendix regulates the
installation of backflow prevention devices, control valves, automatic irrigation controllers, control
wiring, and water conservation required for the proper design, installation, and operation of irrigation
systems. All irrigation systems must comply with the provisions of this appendix and with Title 30,
Texas Administrative Code, Chapter 344.
I101.2 Purpose. The purpose of this appendix is to require all irrigation systems to be designed,
installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water
conservation.
I101.3 Definitions. The following words and terms shall have the meanings shown herein.
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DESIGN. The act of determining the various elements of a landscape irrigation system that will
include, but not be limited to, elements such as collecting site specific information, defining the scope
of the project, defining plant watering needs, selecting and laying out emission devices, locating system
components, conducting hydraulics calculations, identifying any local regulatory requirements, or
scheduling irrigation work at a site. Completion of the various components will result in an irrigation
plan.
DESIGN PRESSURE. The pressure that is required for an emission device to operate properly.
Design pressure is calculated by adding the operating pressure necessary at an emission device to the
total of all pressure losses accumulated from an emission device to the water source.
EMISSION DEVICE. Any device that is contained within an irrigation system and that is used to
apply water. Common emission devices in an irrigation system include, but are not limited to, spray and
rotary sprinkler heads and drip irrigation emitters.
EMPLOYED. Engaged or hired to provide consulting services or perform any activity relating to the
sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. A person is
employed if that person is in an employer-employee relationship as defined by Internal Revenue Code,
Title 26, United States Code Service, Section 3212(d), based on the behavioral control, financial
control, and the type of relationship involved in performing employment related tasks.
HEAD-TO-HEAD SPACING. The spacing of spray or rotary sprinkler heads equal to the
manufacturer’s published radius of the head.
HYDRAULICS. The science of dynamic and static water; the mathematical computation of
determining pressure losses and pressure requirements of an irrigation system.
INSPECTOR. A licensed plumbing inspector, water district operator, other governmental entity, or
irrigation inspector who inspects irrigation systems and performs other enforcement duties for a
municipality or water district as an employee or as a contractor.
INSTALLER. A person who connects an irrigation system to a private or public raw or potable water
supply system or any water supply, who is licensed according to Title 30, Texas Administrative Code,
Chapter 30.
IRRIGATION INSPECTOR. A person who inspects irrigation systems and performs other
enforcement duties for a municipality or water district as an employee or as a contractor and is required
to be licensed under Title 30, Texas Administrative Code, Chapter 30.
IRRIGATION PLAN. A scaled drawing of a landscape irrigation system which lists required
information, the scope of the project, and represents the changes made in the installation of the
irrigation system.
IRRIGATION SERVICES. Selling, designing, installing, maintaining, altering, repairing, servicing,

permitting, providing consulting services regarding, or connecting an irrigation system to a water
supply.
IRRIGATION SYSTEM. An assembly of component parts that is permanently installed for the
controlled distribution and conservation of water to irrigate any type of landscape vegetation in any
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location, and/or to reduce dust or control erosion. This term does not include a system that is used on
or by an agricultural operation as defined by Texas Agricultural Code Section 251.002.
IRRIGATION TECHNICIAN. A person who works under the supervision of a licensed irrigator to
install, maintain, alter, repair, service, or supervise installation of an irrigation system, including the
connection of such system in or to a private or public, raw or potable water supply system or any water
supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30.
IRRIGATION ZONE. A subdivision of an irrigation system with a matched precipitation rate based
on plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio),
topographic features (such as slope), and soil conditions (such as sand, loam, clay, or combination) or
for hydrological control.
IRRIGATOR. A person who sells, designs, offers consultations regarding, installs, maintains, alters,
repairs, services, or supervises the installation of an irrigation system, including the connection of such
system to a private or public, raw or potable water supply system, or any water supply, and who is
required to be licensed under Title 30, Texas Administrative Code, Chapter 30.
IRRIGATOR-IN-CHARGE. The irrigator responsible for all irrigation work performed by an

exempt business owner, including, but not limited to, obtaining permits, developing design plans,
supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining,
altering, repairing, or servicing a landscape irrigation system.
LANDSCAPE IRRIGATION. The science of applying the necessary amount of water to promote or
sustain healthy growth of plant material or turf.
LICENSE. An occupational license that is issued by the Texas Commission on Environmental Quality
under Title 30, Texas Administrative Code, Chapter 30, to an individual that authorizes the individual
to engage in an activity that is covered by Title 30, Texas Administrative Code, Chapter 30.
MAINLINE. A pipe within an irrigation system that delivers water from the water source to the
individual zone valves.
MAINTENANCE CHECKLIST. A document made available to the irrigation system’s owner or

owner’s representative that contains information regarding the operation and maintenance of the
irrigation system, including, but not limited to, checking and repairing the irrigation system, setting the
automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and plants
away from irrigation emitters, using and operating the irrigation system, the precipitation rates of each
irrigation zone within the system, any water conservation measures currently in effect from the water
purveyor, the name of the water purveyor, a suggested seasonal or monthly watering schedule based on
current evapotranspiration data for the geographic region, and the minimum water requirements for the
plant material in each zone based on the soil type and plant material where the system is installed.
MAJOR MAINTENANCE, ALTERATION, REPAIR, OR SERVICE. Any activity that involves

opening to the atmosphere the irrigation mainline at any point prior to the discharge side of any
irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main
supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the
system to the atmosphere.
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MASTER VALVE. A remote control valve located after the backflow prevention device that controls
the flow of water to the irrigation system mainline.
MATCHED PRECIPITATION RATE. The condition in which all sprinkler heads within an
irrigation zone apply water at the same rate.
PASS-THROUGH CONTRACT. A written contract between a contractor or builder and a licensed
irrigator or exempt business owner to perform part or all of the irrigation services relating to an
irrigation system.
RECLAIMED WATER. Domestic or municipal wastewater which has been treated to a quality
suitable for beneficial use, such as landscape irrigation.
RECORDS OF LANDSCAPE IRRIGATION ACTIVITIES. The irrigation plans, contracts,

warranty information, invoices, copies of permits, and other documents that relate to the installation,
maintenance, alteration, repair, or service of a landscape irrigation system.
STATIC WATER PRESSURE. The pressure of water when it is not moving.
SUPERVISION. The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or
her professional responsibility to the client and/or employer in compliance with local or state
requirements. Also a licensed installer working under the direction of a licensed irrigator or beginning
January 1, 2009, an irrigation technician who is working under the direction of a licensed irrigator to
install, maintain, alter, repair, or service an irrigation system.
WATER CONSERVATION. The design, installation, service, and operation of an irrigation system
in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the
least amount of water that is required to maintain healthy individual plant material or turf, reduce dust,
and control erosion.
ZONE FLOW. A measurement, in gallons per minute or gallons per hour, of the actual flow of water
through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading
after the pressure has stabilized. For design purposes, the zone flow is the total flow of all nozzles in the
zone at a specific pressure.
ZONE VALVE. An automatic valve that controls a single zone of a landscape irrigation system.
I101.4 License. Any person who connects an irrigation system to the water supply in the city must
hold a valid license, as defined by Title 30, Texas Administrative Code, Chapter 30, and Texas
Occupations Code, Chapter 1903, or as defined by Title 22 of the Texas Administrative Code, Chapter
365, and required by Chapter 1301 of the Texas Occupations Code.
Exemption: A homeowner is not required to be licensed in accordance with Title 12, Texas
Occupations Code Section 1903.002(c)(1) if the homeowner is performing irrigation work in a
building or on a premises owned and occupied by the homeowner as the homeowner’s homestead.
A homeowner who installs an irrigation system must meet the standards contained in Title 30,
Texas Administrative Code, Chapter 344, regarding spacing, water pressure, spraying water over
impervious materials, rain and freeze sensors, backflow prevention, and isolation valves.
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I101.5 Permit. Any person or homeowner installing an irrigation system in the city is required to
obtain a permit from the city. Any plan approved for a permit must be in compliance with the
requirements of this appendix.
Exemptions:
1. An irrigation system that is an on-site sewage disposal system, as defined by Texas Health
and Safety Code, Section 355.002; or
2. An irrigation system used on or by an agricultural operation as defined by Section 251.002,

Texas Agriculture Code; or
3. An irrigation system connected to a groundwater well used by the property owner for
domestic use.
I101.6 Backflow prevention methods and devices.
1. Any irrigation system that is connected to the potable water supply must be connected through a
backflow prevention method approved by the Texas Commission on Environmental Quality
(TCEQ). The backflow prevention device must be approved by: the American Society of Sanitary
Engineers; the Foundation for Cross-Connection Control and Hydraulic Research, University of
Southern California; the International Plumbing Code; or any other laboratory that has equivalent
capabilities for both the laboratory and field evaluation of backflow prevention assemblies. The
backflow prevention device must be installed in accordance with the laboratory approval standards
or if the approval does not include specific installation information, the manufacturer’s current
published recommendations.
2. If conditions that present a health hazard exist, one of the following methods must be used to
prevent backflow:
a. An air gap may be used if:
i. There is an unobstructed physical separation; and
ii. The distance from the lowest point of the water supply outlet to the flood rim of the fixture
or assembly into which the outlet discharges is at least one inch or twice the diameter of the
water supply outlet, whichever is greater.
b. Reduced pressure principle backflow prevention assemblies may be used if:
i. The device is installed at a minimum of 12 inches above ground in a location that will
ensure that the assembly will not be submerged; and
ii. Drainage is provided for any water that may be discharged through the assembly relief
valve.
c. Pressure vacuum breakers may be used if:
i. No back-pressure condition will occur; and
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ii. The device is installed at a minimum of 12 inches above any downstream piping and the
highest downstream opening. Pop-up sprinklers are measured from the retracted position
from the top of the sprinkler.
d. Atmospheric vacuum breakers may be used if:
i. No back-pressure will be present;
ii. There are no shutoff valves downstream from the atmospheric vacuum breaker;
iii. The device is installed at a minimum of 6 inches above any downstream piping and the
highest downstream opening. Pop-up sprinklers are measured from the retracted position
from the top of the sprinkler;
iv. There is no continuous pressure on the supply side of the atmospheric vacuum breaker for
more than 12 hours in any 24 hour period; and
v. A separate atmospheric vacuum breaker is installed on the discharge side of each irrigation
control valve between the valve and all the emission devices that the valve controls.
3. Backflow prevention devices used in applications designated as health hazards must be tested upon
installation and annually thereafter.
4. If there are no conditions that present a health hazard, double check valve backflow prevention
assemblies may be used to prevent backflow if the device is tested upon installation and test cocks
are used for testing only.
5. If a double check valve is installed below ground:
a. Test cocks must be plugged, except when the double check valve is being tested;
b. Test cock plugs must be threaded, water-tight, and made of non-ferrous material;
c. A y-type strainer is installed on the inlet side of the double check valve;
d. There must be a clearance between any fill material and the bottom of the double check valve to
allow space for testing and repair; and
e. There must be space on the side of the double check valve to test and repair the double check
valve.
6. If an existing irrigation system without a backflow-prevention assembly requires major

maintenance, alteration, repair, or service, the system must be connected to the potable water supply
through an approved, properly installed backflow prevention method before any major
maintenance, alteration, repair, or service is performed.
7. If an irrigation system is connected to a potable water supply through a double check valve,
pressure vacuum breaker, or reduced pressure principle backflow assembly and includes an
automatic master valve on the system, the automatic master valve must be installed on the discharge
side of the backflow prevention assembly.
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8. The irrigator shall ensure the backflow prevention device is tested by a licensed backflow
prevention assembly tester prior to being placed in service and the test results provided to the local
water purveyor and the irrigation system’s owner or owner’s representative within 10 business days
of testing of the backflow prevention device.
I101.7 Specific conditions and cross-connection control.
1. Before any chemical is added to an irrigation system connected to the potable water supply, the
irrigation system must be connected through a reduced pressure principle backflow prevention
assembly or air gap.
2. Connection of any additional water source to an irrigation system that is connected to the potable
water supply can only be done if the irrigation system is connected to the potable water supply
through a reduced-pressure principle backflow prevention assembly or an air gap.
3. Irrigation system components with chemical additives induced by aspiration, injection, or emission
system connected to any potable water supply must be connected through a reduced pressure
principle backflow device.
4. If an irrigation system is designed or installed on a property that is served by an on-site sewage

facility, as defined in Title 30, Texas Administrative Code, Chapter 285, then:
a. All irrigation piping and valves must meet the separation distances from the on-site sewage
facilities system as required for a private water line in Title 30, Texas Administrative Code,
Section 285.91(10);
b. Any connections using a private or public potable water source that is not the city’s potable
water system must be connected to the water source through a reduced pressure principle
backflow prevention assembly as defined in Title 30, Texas Administrative Code, Section
344.50; and
c. Any water from the irrigation system that is applied to the surface of the area utilized by the on-
site sewage facility system must be controlled on a separate irrigation zone or zones so as to
allow complete control of any irrigation to that area so that there will not be excess water that
would prevent the on-site sewage facilities system from operating effectively.
I101.8 Irrigation plan design: Minimum standards.
1. An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be
installed. A paper or electronic copy of the irrigation plan must be on the job site at all times during
the installation of the irrigation system. A drawing showing the actual installation of the system is
due to each irrigation system owner after all new irrigation system installations. During the
installation of the irrigation system, variances from the original plan may be authorized by the
licensed irrigator if the variance from the plan does not:
a. Diminish the operational integrity of the irrigation system;
b. Violate any requirements of this appendix; and
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c. Go unnoted in red on the irrigation plan.
2. The irrigation plan must include complete coverage of the area to be irrigated. If a system does not
provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan.
3. All irrigation plans used for construction must be drawn to scale. The plan must include, at a
minimum, the following information:
a. The irrigator’s seal, signature, and date of signing;
b. All major physical features and the boundaries of the areas to be watered;
c. A North arrow;
d. A legend;
e. The zone flow measurement for each zone;
f. Location and type of each:
i. Controller; and
ii. Sensor (i.e., rain and freeze);
g. Location, type, and size of each:
i. Water source, including, but not limited to, a water meter and point(s) of connection;
ii. Backflow prevention device;
iii. Water emission device, including, but not limited to, spray heads, rotary sprinkler heads,
quick-couplers, bubblers, drip, or micro-sprays;
iv. Valve, including, but not limited to, zone valves, master valves, and isolation valves;
v. Pressure regulation component; and
vi. Main line and lateral piping.
h. The scale used; and
i. The design pressure.
I101.9 Design and installation: Minimum requirements.
1. No irrigation design or installation shall require the use of any component, including the water
meter, in a way which exceeds the manufacturer’s published performance limitations for the
component.
2. Spacing.
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a. The maximum spacing between emission devices must not exceed the manufacturer’s published
radius or spacing of the device(s). The radius or spacing is determined by referring to the
manufacturer’s published specifications for a specific emission device at a specific operating
pressure.
b. New irrigation systems shall not utilize above-ground spray emission devices in landscapes that
are less than 48 inches not including the impervious surfaces in either length or width and which
contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If
pop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads
must direct flow away from any adjacent surface and shall not be installed closer than 4 inches
from a hardscape, including, but not limited to, a building foundation, fence, concrete, asphalt,
pavers, or stones set with mortar.
c. Narrow paved walkways, jogging paths, golf cart paths or other small areas located in
cemeteries, parks, golf courses, or other public areas may be exempted from this requirement if
the runoff drains into a landscaped area.
3. Water pressure. Emission devices must be installed to operate at the minimum and not above the
maximum sprinkler head pressure as published by the manufacturer for the nozzle and head spacing
that is used. Methods to achieve the water pressure requirements include, but are not limited to,
flow control valves, a pressure regulator, or pressure compensating spray heads.
4. Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the
pipe will not exceed a velocity of 5 feet per second for polyvinyl chloride (PVC) pipe.
5. Irrigation zones. Irrigation systems shall have separate zones based on plant material type,
microclimate factors, topographic features, soil conditions, and hydrological requirements.
6. Matched precipitation rate. Zones must be designed and installed so that all of the emission devices
in that zone irrigate at the same precipitation rate.
7. Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones
set with mortar, or any other impervious material, such as, but not limited to, walls, fences,
sidewalks, streets, etc.
8. Master valve. When provided, a master valve shall be installed on the discharge side of the
backflow prevention device on all new installations.
9. PVC pipe primer solvent. All new irrigation systems that are installed using PVC pipe and fittings
shall be primed with a purple primer prior to applying the PVC cement in accordance with the
International Plumbing Code, Section 605.
10. Rain and freeze sensors.
a. Any commercial, industrial, multi-family, or residential customer class irrigation system

installed within the city on or after January 1, 2009, must be equipped with rain and freeze
sensors.
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b. Any commercial, industrial, or multi-family customer class irrigation system installed within the
city before January 1, 2009, may not be operated after January 1, 2010, without being equipped
with rain and freeze sensors.
c. Any residential customer class irrigation system installed within the city before January 1, 2009,
may not be operated after January 1, 2011, without being equipped with rain and freeze sensors.
If a person repairs or replaces more than 50 percent of a residential customer class irrigation
system before January 1, 2011, then such irrigation system must be equipped with rain and
freeze sensors.
d. Any rain and freeze sensor shall be installed according to the manufacturer’s published
recommendation and shall be from a list approved by the public works director.
e. Repairs to existing automatic irrigation systems that require replacement of an existing

controller shall include a rain and freeze sensor designed to inhibit or interrupt operation of the
irrigation system during periods of freezing temperatures and rainfall.
11. Isolation valve. All new irrigation systems must include a lockable isolation valve between the
water meter and the backflow prevention device.
12. Depth coverage of piping. Piping in all irrigation systems must be installed according to the
manufacturer’s published specifications for depth coverage of piping.
a. If the manufacturer has not published specifications for depth coverage of piping, the piping
must be installed to provide minimum depth coverage of 6 inches of select backfill, between the
top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail
to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at
a depth of 6 inches or less, select backfill may be mounded over the pipe. Mounding must be
noted on the irrigation plan and discussed with the irrigation system owner or owner’s
representative to address any safety issues.
b. If a utility, man-made structure, or roots create an unavoidable obstacle, which makes the 6 inch
depth coverage requirement impractical, the piping shall be installed to provide a minimum of 2
inches of select backfill between the top of the pipe and the natural grade of the topsoil.
c. All trenches and holes created during installation of an irrigation system must be backfilled and
compacted to the original grade.
13. Wiring irrigation systems.
a. Underground electrical wiring used to connect an automatic controller to any electrical

component of the irrigation system must be listed by Underwriters Laboratories as acceptable
for burial underground.
b. Electrical wiring that connects any electrical components of an irrigation system must be sized
according to the manufacturer’s recommendation.
c. Electrical wire splices which may be exposed to moisture must be waterproof as certified by the
wire splice manufacturer.
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d. Underground electrical wiring that connects an automatic controller to any electrical component
of the irrigation system must be buried with a minimum of 6 inches of select backfill.
14. Water contained within the piping of an irrigation system is deemed to be non-potable. No drinking
or domestic water usage, including, but not limited to, filling swimming pools or decorative
fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water faucet that has
hose threads on the spout) is connected to an irrigation system for the purpose of providing
supplemental water to an area, the hose bib must be installed using a quick coupler key on a quick
coupler installed in a covered purple valve box, and the hose bib and any hoses connected to the bib
must be labeled "non-potable, not safe for drinking." An isolation valve must be installed upstream
of a quick coupler connecting a hose bib to an irrigation system.
15. Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician shall be on-
site at all times while the landscape irrigation system is being installed. When an irrigator is not on-
site, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to
supervise the installation of the irrigation system.
I101.10 Completion of irrigation system installation. Upon completion of the irrigation system, the
irrigator or irrigation technician who provided supervision for the on-site installation shall be required
to complete four items:
1. A final "walk through" with the irrigation system’s owner or the owner’s representative to
explain the operation of the system.
2. The maintenance checklist on which the irrigator or irrigation technician shall obtain the
signature of the irrigation system’s owner or owner’s representative and shall sign, date, and
seal the checklist. If the irrigation system’s owner or owner’s representative is unwilling or
unable to sign the maintenance checklist, the irrigator shall note the time and date of the refusal
on the irrigation system’s owner or owner’s representative’s signature line. The irrigation
system owner or owner’s representative will be given the original maintenance checklist and a
duplicate copy of the maintenance checklist shall be maintained by the irrigator. The items on
the maintenance checklist shall include, but are not limited to:
a. The manufacturer’s manual for the automatic controller, if the system is automatic;
b. A seasonal (spring, summer, fall, winter) watering schedule based on either current/real time
evapotranspiration or monthly historical reference evapotranspiration (historical ET) data,
monthly effective rainfall estimates, plant landscape coefficient factors, and site factors;
c. A list of components, such as the nozzle, pump filters, and other such components, that
require maintenance and the recommended frequency for the service; and
d. The statement, "This irrigation system has been installed in accordance with all applicable
state and local laws, ordinances, rules, regulations, or orders. I have tested the system and
determined that it has been installed according to the Irrigation Plan and is properly adjusted
for the most efficient application of water at this time."
3. A permanent sticker which contains the irrigator’s name, license number, company name,
telephone number, and the dates of the warranty period shall be affixed to each automatic
controller installed by the irrigator or irrigation technician. If the irrigation system is manual,
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the sticker shall be affixed to the original maintenance checklist. The information contained on
the sticker must be printed with waterproof ink.
4. The irrigation plan indicating the actual installation of the system must be provided to the
irrigation system’s owner or owner’s representative.
I101.11 Maintenance, alteration, repair, or service of irrigation systems.
1. The licensed irrigator is responsible for all work that the irrigator performed during the
maintenance, alteration, repair, or service of an irrigation system during the warranty period. The
irrigator or business owner is not responsible for the professional negligence of any other irrigator
who subsequently conducts any irrigation service on the same irrigation system.
2. All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation
system must be returned to the original grade with compacted select backfill.
3. Purple PVC pipe primer solvent must be used on all pipes and fittings used in the maintenance,
alteration, repair, or service of an irrigation system in accordance with the International Plumbing
Code, Section 605.
4. When maintenance, alteration, repair, or service of an irrigation system involves excavation work at
the water meter or backflow prevention device, a lockable isolation valve shall be installed, if an
isolation valve is not present.
I101.12 Reclaimed water. Reclaimed water may be utilized in landscape irrigation systems if:
1. There is no direct contact with edible crops, unless the crop is pasteurized before consumption;
2. The irrigation system does not spray water across property lines that do not belong to the irrigation
system’s owner;
3. The irrigation system is installed using purple components;
4. The domestic potable water line is connected using an air gap or a reduced pressure principle
backflow prevention device, in accordance with Title 30, Texas Administrative Code, Section
290.47(i);
5. A minimum of an 8 inch by 8 inch sign, in English and Spanish, is prominently posted on/in the
area that is being irrigated, that reads, "RECLAIMED WATER – DO NOT DRINK" and "AGUA
DE RECUPERACIÓN – NO BEBER"; and
6. Backflow prevention on the reclaimed water supply line shall be in accordance with city
ordinances.
SECTION 6. That Section 8-9 “International Fuel Gas Code” of Chapter 8 of Development
Sec. 8-9. International Fuel Gas Code.
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(c) Fuel Gas Code. The 2006 edition of the International Fuel Gas Code with amendments,
modifications, and deletions as specified in this section is adopted as the fuel gas code for the City of
Irving, Texas.
(d) Amendments, modifications, and deletions to the 2006 International Fuel Gas Code.
Amendments, modifications, and deletions to the 2006 International Fuel Gas Code are adopted as
follows:
International Fuel Gas Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Irving, Texas,
hereinafter referred to as “this code” or “IFGC.”
International Fuel Gas Code is amended to read as follows:
101.2 Scope. This code shall apply to the installation of fuel gas piping systems, fuel gas utilization
equipment, gaseous hydrogen systems, and related accessories in accordance with Sections 101.2.1
through 101.2.5.
Exceptions:
2. As an alternative to the provisions of this code, fuel gas piping systems, fuel gas utilization
equipment, and related accessories in existing buildings that are undergoing repairs,
alterations, changes in occupancy, or construction of additions may be permitted to comply
with the provisions of the International Existing Building Code with prior approval of the
code official.
2006 International Fuel Gas Code is amended to read as follows:
102.2 Existing installations. Except as otherwise provided for in this chapter, a provision in this code
shall not require the removal, alteration, or abandonment of, nor prevent the continued utilization and
maintenance of, existing installations lawfully in existence at the time of the adoption of this code.
Exception: Existing dwelling units shall comply with Section 621.2.
102.8 Referenced codes and standards. The codes and standards referenced in this code shall be
those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be
considered part of the requirements of this code to the prescribed extent of each such reference. Where
differences occur between provisions of this code and the referenced standards, the provisions of this
code shall apply. Whenever amendments have been adopted to the referenced codes and standards,
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each reference to said code and standard shall be considered to reference the amendments as well. Any
reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.
Exception: Where enforcement of a code provision would violate the conditions of the listing of
the equipment or appliance, the conditions of the listing and the manufacturer’s installation
instructions shall apply.
106.5.2 Fee schedule. The fees for work shall be as indicated in Appendix L of the 2006
The code official shall not authorize the refunding of any fee paid except upon written
Fuel Gas Code is amended by deleting Section 108.4 “Violation penalties.”
Section 108.5. Section 108.5 of Section 108 “Violations” of Chapter 1 “Administration” of the
108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the
provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such
notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the
person doing the work. The notice shall state the conditions under which work is authorized to resume.
Where an emergency exists, the code official shall not be required to give a written notice prior to
stopping the work. It shall be an affirmative defense to this section that the work being done was work
that person was directed by the code official to perform to remove a violation or unsafe condition.
Section 109. Section 109 “Means of Appeal” of Chapter 1 “Administration” of the 2006
International Fuel Gas Code is amended in its entirety to read as follows:
SECTION 109
MEANS OF APPEAL
official to the construction board of appeals. Fuel Gas Code appeals shall be handled in accordance
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Section 304.10. Section 304.10 of Section 304 “Combustion, Ventilation and Dilution Air” of
Chapter 3 “General Regulations” of the 2006 International Fuel Gas Code is amended to read as
follows:
304.10 Louvers and grilles. The required size of openings for combustion, ventilation, and dilution air
shall be based on the net free area of each opening. Where the free area through a design of louver,
grille, or screen is known, it shall be used in calculating the size opening required to provide the free
area specified. Where the design and free area of louvers and grilles are not known, it shall be assumed
that wood louvers will have 25-percent free area and metal louvers and grilles will have 50-percent free
area. Screens shall have a mesh size not smaller than 1/4 inch. Nonmotorized louvers and grilles shall
be fixed in the open position. Motorized louvers shall be interlocked with the appliance so that they are
proven to be in the full open position prior to main burner ignition and during main burner operation.
Means shall be provided to prevent the main burner from igniting if the louvers fail to open during
burner start-up and to shut down the main burner if the louvers close during operation.
Section 304.11. Section 304.11 of Section 304 “Combustion, Ventilation and Dilution Air” of
Chapter 3 “General Regulations” of the 2006 International Fuel Gas Code is amended to read as
follows:
304.11 Combustion air ducts. Combustion air ducts shall comply with all of the following:
1. Ducts shall be constructed of galvanized steel complying with Chapter 6 of the International
Mechanical Code or of a material having equivalent corrosion resistance, strength, and rigidity.
Exception: Within dwelling units, unobstructed stud and joist spaces shall not be
prohibited from conveying combustion air, provided that not more than one required
fireblock is removed.
2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the
appliances.
3. Ducts shall serve a single enclosure.
4. Ducts shall not serve both upper and lower combustion air openings where both such openings
are used. The separation between ducts serving upper and lower combustion air openings shall
be maintained to the source of combustion air.
5. Ducts shall not be screened where terminating in an attic space.
6. Horizontal upper combustion air ducts shall not slope downward toward the source of
combustion air.
7. The remaining space surrounding a chimney liner, gas vent, special gas vent, or plastic piping
installed within a masonry, metal, or factory-built chimney shall not be used to supply
combustion air.
Exception: Direct-vent gas-fired appliances designed for installation in a solid fuel-burning

fireplace where installed in accordance with the manufacturer’s instructions.
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8. Combustion air intake openings located on the exterior of a building shall have the lowest side
of such openings located not less than 12 inches vertically from the adjoining grade level or the
manufacturer’s recommendation, whichever is more stringent.
Section 305. Section 305 “Installation” of Chapter 3 “General Regulations” of the 2006
International Fuel Gas Code is amended by deleting Section 305.5 “Private garages.”
Section 305.7. Section 305.7 of Section 305 “Installation” of Chapter 3 “General Regulations” of
the 2006 International Fuel Gas Code is amended to read as follows:
305.7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on
a level concrete slab or other approved material extending a minimum of 3 inches above adjoining
grade or shall be suspended a minimum of 6 inches above adjoining grade.
Section 306.3. Section 306.3 of Section 306 “Access and Service Space” of Chapter 3 “General
Regulations” of the 2006 International Fuel Gas Code is amended to read as follows:
[M] 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with
an opening and unobstructed passageway large enough to allow removal of the largest component of
the appliance. The passageway shall not be less than 30 inches high and 22 inches wide and not more
than 20 feet in length when measured along the centerline of the passageway from the opening to the
equipment. The passageway shall have continuous solid flooring not less than 24 inches wide. A level
service space not less than 30 inches deep and 30 inches wide shall be present at the front or service
side of the equipment. The clear access opening dimensions shall be a minimum of 20 inches by 30
inches, or larger, where such dimensions are not large enough to allow removal of the largest
component of the appliance. As a minimum, for access to the attic space, provide one of the following:
4. An access panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official
Exceptions:
1. The passageway and level service space are not required where the appliance is capable of
being serviced and removed through the required opening.
2. Where the passageway is not less than 6 feet high for its entire length, the passageway shall
be not greater than 50 feet in length.
[M] 306.5 Equipment and appliances on roofs or elevated structures. Where equipment and
appliances requiring access are installed on roofs or elevated structures at an aggregate height
exceeding 16 feet, such access shall be provided by a permanent approved means of access. Permanent
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exterior ladders providing roof access need not extend closer than 12 feet to the finish grade or floor
level below and shall extend to the equipment’s and appliance’s level service space. Such access shall
not require climbing over obstructions greater than 30 inches high or walking on roofs having a slope
greater than four units vertical in 12 units horizontal (33-percent slope).
Permanent ladders installed to provide the required access shall comply with the following
minimum design criteria.
1. The side railing shall extend above the parapet or roof edge not less than 30 inches.
2. Ladders shall have a rung spacing not to exceed 14 inches on center.
3. Ladders shall have a toe spacing not less than 6 inches deep.
4. There shall be a minimum of 18 inches between rails.
5. Rungs shall have a minimum diameter of 0.75-inch and shall be capable of withstanding a 300-
pound load.
6. Ladders over 30 feet in height shall be provided with offset sections and landings capable of
withstanding a load of 100 pounds per square foot.
7. Ladders shall be protected against corrosion by approved means.
Catwalks installed to provide the required access shall be not less than 24 inches wide and shall
have railings as required for service platforms.
Exception: This section shall not apply to Group R-3 occupancies.
Section 306.5.1. Section 306.5.1 of Section 306 “Access and Service Space” of Chapter 3 “General
[M] 306.5.1 Sloped roofs. Where appliances, equipment, fans, or other components that require
service are installed on roofs having slopes greater than 4 units vertical in 12 units horizontal and
having an edge more than 30 inches above grade at such edge, a catwalk at least 16 inches in width
with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access
to a level platform at the appliance. The level platform shall be provided on each side of the
appliance to which access is required for service, repair, or maintenance. The platform shall not be
less than 30 inches in any dimension and shall be provided with guards. The guards shall extend
not less than 42 inches above the platform, shall be constructed so as to prevent the passage of a 21-
inch-diameter sphere and shall comply with the loading requirements for guards specified in the
Section 306. Section 306 “Access and Service Space” of Chapter 3 “General Regulations” of the
2006 International Fuel Gas Code is amended by adding Sections 306.7 and 306.7.1 to read as follows:
306.7 Water heaters above ground or floor. When the attic, roof, mezzanine, or platform on which a
water heater is installed is more than 8 feet above the ground or floor level, it shall be made accessible
by a stairway or permanent ladder fastened to the building.
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accessed through a lay-in ceiling and a water heater is installed not more than 10 feet above the
receptacle outlet shall be provided in accordance with Section 306.3.1.
Section 401.5. Section 401.5 of Section 401 “General” of Chapter 4 “Gas Piping Installations” of
the 2006 International Fuel Gas Code is amended to read as follows:
401.5 Identification. For other than steel pipe, exposed piping shall be identified by a yellow label
marked “Gas” in black letters. The marking shall be spaced at intervals not exceeding 5 feet. The
marking shall not be required on pipe located in the same room as the equipment served.
Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall
identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or
stainless steel and the following wording shall be stamped into the tag:
"WARNING
1/2 to 5 psi gas pressure
Do Not Remove"
Section 402.3. Section 402.3 of Section 402 “Pipe Sizing” of Chapter 4 “Gas Piping Installations”
of the 2006 International Fuel Gas Code is amended to read as follows:
402.3 Sizing. Gas piping shall be sized in accordance with one of the following:
1. Pipe sizing tables or sizing equations in accordance with Section 402.4.
2. The sizing tables included in a listed piping system’s manufacturer’s installation instructions.
3. Other approved engineering methods.
Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2” (18 EHD).
Section 404.9. Section 404.9 of Section 404 “Piping System Installation” of Chapter 4 “Gas Piping
Installations” of the 2006 International Fuel Gas Code is amended to read as follows:
404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18
inches top of pipe below grade.
Section 404. Section 404 “Piping System Installation” of Chapter 4 “Gas Piping Installations” of
the 2006 International Fuel Gas Code is amended by deleting Section 404.9.1 “Individual outside
appliances.”
Section 406.1. Section 406.1 of Section 406 “Inspection, Testing and Purging” of Chapter 4 “Gas
Piping Installations” of the 2006 International Fuel Gas Code is amended to read as follows:
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406.1 General. Prior to acceptance and initial operation, all piping installations shall be inspected and
pressure tested to determine that the materials, design, fabrication, and installation practices comply
with the requirements of this code. The permit holder shall make the applicable tests prescribed in
Sections 406.1.1 through 406.1.5 to determine compliance with the provisions of this code. The permit
holder shall give reasonable advance notice to the code official when the piping system is ready for
testing. The equipment, material, power, and labor necessary for the inspections and test shall be
furnished by the permit holder and the permit holder shall be responsible for determining that the work
will withstand the test pressure prescribed in the following tests.
Section 406.4. Section 406.4 of Section 406 “Inspection, Testing and Purging” of Chapter 4 “Gas
Piping Installations” of the 2006 International Fuel Gas Code is amended to read as follows:
406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a
pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by
leakage during the pressure test period. The source of pressure shall be isolated before the pressure
tests are made.
Section 406.4.1. Section 406.4.1 of Section 406 “Inspection, Testing and Purging” of Chapter 4
“Gas Piping Installations” of the 2006 International Fuel Gas Code is amended to read as follows:
406.4.1 Test pressure. The test pressure to be used shall not be less than 3 psig (20 kPa gauge), or
at the discretion of the code official, the piping and valves may be tested at a pressure of at least 6
inches of mercury, measured with a manometer or slope gauge. For tests requiring a pressure of 3
psig, diaphragm gauges shall utilize a dial with a minimum diameter of 3-1/2 inches, a set hand,
1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3
psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a
minimum diameter of 3-1/2 inches, a set hand, a minimum of 2/10 pound incrementation and a
pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in
excess of 14 inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water
column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than 10 pounds per square
inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column
(52.2 kPa) (7.5 psi), the test pressure shall not be less than one and one-half times the proposed
maximum working pressure.
Section 406.4.2. Section 406.4.2 of Section 406 “Inspection, Testing and Purging” of Chapter 4
“Gas Piping Installations” of the 2006 International Fuel Gas Code is amended to read as follows:
406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the code
official, but in no case for less than 15 minutes. For welded piping and for piping carrying gas at
pressures in excess of 14 inches water column pressure (3.48 kPa), the test duration shall be held for
a length of time satisfactory to the code official, but in no case for less than 30 minutes.
Section 409. Section 409 “Shutoff Valves” of Chapter 4 “Gas Piping Installations” of the 2006
International Fuel Gas Code is amended by adding Section 409.1.4 to read as follows:
409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel
tubing (CSST) piping systems shall be supported with an approved termination fitting, or equivalent
support, suitable for the size of the valves, of adequate strength and quality, and located at intervals
so as to prevent or damp out excessive vibration, but in no case greater than 12 inches from the
center of the valve. Supports shall be installed so as not to interfere with the free expansion and
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contraction of the system's piping, fittings, and valves between anchors. All valves and supports
shall be designed and installed so they will not be disengaged by movement of the supporting
piping.
Section 410.1. Section 410.1 of Section 410 “Flow Controls” of Chapter 4 “Gas Piping
Installations” of the 2006 International Fuel Gas Code is amended to read as follows:
410.1 Pressure regulators. A line pressure regulator shall be installed where the appliance is designed
to operate at a lower pressure than the supply pressure. Line gas pressure regulators shall be listed as
complying with ANSI Z21.80. Access shall be provided to pressure regulators. Pressure regulators
shall be protected from physical damage. Regulators installed on the exterior of the building shall be
approved for outdoor installation.
Access to regulators shall comply with the requirements for access to appliances as specified in
Section 306.
Exception: A passageway or level service space is not required when the regulator is capable of
being serviced and removed through the required attic opening.
Section 614.6. Section 614.6 of Section 614 “Clothes Dryer Exhaust” of Chapter 6 “Specific
Appliances” of the 2006 International Fuel Gas Code is amended to read as follows:
[M] 614.6 Domestic clothes dryer ducts. Exhaust ducts for domestic clothes dryers shall be
constructed of metal and shall have a smooth interior finish. The exhaust duct shall be a minimum
nominal size of 4 inches in diameter. The entire exhaust system shall be supported and secured in
place. The male end of the duct at overlapped duct joints shall extend in the direction of airflow.
Clothes dryer transition ducts used to connect the appliance to the exhaust duct system shall be metal
and limited to a single length not to exceed 8 feet and shall be listed and labeled for the application.
Transition ducts shall not be concealed within construction. The size of the duct shall not be reduced
along its developed length or at the point of termination.
Section 614.6.1. Section 614.6.1 of Section 614 “Clothes Dryer Exhaust” of Chapter 6 “Specific
[M] 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not
exceed 35 feet from the dryer location to the outlet terminal. The maximum length of the duct shall
be reduced 2-1/2 feet for each 45 degree bend and 5 feet for each 90 degree bend. The maximum
length of the exhaust duct does not include the transition duct.
following:

40 feet total developed length (TDL)
Duct Size: (Number)
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Section 621.2. Section 621.2 of Section 621 “Unvented Room Heaters” of Chapter 6 “Specific
621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of
comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used in dwelling units, in
accordance with the code provisions in effect when installed, when approved by the code official,
unless an unsafe condition is determined to exist as described in Section 108.7.
Section 624.1.1. Section 624.1.1 of Section 624 “Water Heaters” of Chapter 6 “Specific
624.1.1 Installation requirements. The requirements for water heaters relative to access, sizing,
relief valves, drain pans, and scald protection shall be in accordance with the International
Plumbing Code.
SECTION 7. That Section 8-10 “International Mechanical Code” of Chapter 8 of

Development Standards and Construction Codes of the City of Irving, Texas, is hereby amended to read
as follows:
Sec. 8-10. International Mechanical Code.
(e) Mechanical Code. The 2006 edition of the International Mechanical Code with amendments,
modifications, and deletions as specified in this section is adopted as the mechanical code for the City
of Irving, Texas.
(f) Amendments, modifications, and deletions to the 2006 International Mechanical Code.
Amendments, modifications, and deletions to the 2006 International Mechanical Code are adopted as
follows:
International Mechanical Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Mechanical Code of the City of Irving, Texas,
hereinafter referred to as “this code” or “IMC.”
101.2 Scope. This code shall regulate the design, installation, maintenance, alteration, and inspection
of mechanical systems that are permanently installed and utilized to provide control of environmental
conditions and related processes within buildings. This code shall also regulate those mechanical
systems, system components, equipment, and appliances specifically addressed herein. The installation
of fuel gas distribution piping and equipment, fuel gas-fired appliances, and fuel gas-fired appliance
venting systems shall be regulated by the International Fuel Gas Code.
Exceptions:
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2. Mechanical systems in existing buildings undergoing repair, alterations, additions, or change
of occupancy may be permitted to comply with the International Existing Building Code
with prior approval of the code official.
2006 International Mechanical Code is amended to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that
are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered
part of the requirements of this code to the prescribed extent of each such reference. Where differences
occur between provisions of this code and the referenced standards, the provisions of this code shall
apply. Whenever amendments have been adopted to the referenced codes and standards, each reference
to said code and standard shall be considered to reference the amendments as well. Any reference to
NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.
106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in Appendix L of the
2006 International Building Code.
1. The full amount of the fee paid hereunder that was erroneously paid, or due to extenuating
The code official shall not authorize the refunding of any fee paid, except upon written
Mechanical Code is amended by deleting Section 108.4 “Violation penalties.”
Section 108.5. Section 108.5 of Section 108 “Violations” of Chapter 1 “Administration” of the 2006
108.5 Stop work orders. Upon notice from the code official that mechanical work is being done
contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately
cease. Such notice shall be in writing and shall be given to the owner of the property, to the owner's
agent, or to the person doing the work. The notice shall state the conditions under which work is
authorized to resume. Where an emergency exists, the code official shall not be required to give a
written notice prior to stopping the work. It shall be an affirmative defense to this section that the work
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being done was work that person was directed by the code official to perform to remove a violation or
unsafe condition.
Section 109. Section 109 “Means of Appeal” of Chapter 1 “Administration” of the 2006
International Mechanical Code is amended in its entirety to read as follows:
SECTION 109
MEANS OF APPEAL
official to the construction board of appeals. Mechanical Code appeals shall be handled in accordance
Section 304. Section 304 “Installation” of Chapter 3 “General Regulations” of the 2006
International Mechanical Code is amended by deleting Section 304.6 “Private garages.”
Section 304.9. Section 304.9 of Section 304 “Installation” of Chapter 3 “General Regulations” of
the 2006 International Mechanical Code is amended to read as follows:
304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on
a level concrete slab or other approved material extending above adjoining grade a minimum of 3
inches or shall be suspended a minimum of 6 inches above adjoining grade.
Regulations” of the 2006 International Mechanical Code is amended to read as follows:
306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an
opening and unobstructed passageway large enough to allow removal of the largest appliance. The
passageway shall not be less than 30 inches high and 22 inches wide and not more than 20 feet in
length measured along the center line of the passageway from the opening to the appliance. The
passageway shall have continuous solid flooring not less than 24 inches wide. A level service space not
less than 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance.
The clear access opening dimensions shall be a minimum of 20 inches by 30 inches, or larger where
such dimensions are not large enough to allow removal of the largest appliance. As a minimum, for
access to the attic space, provide one of the following:
4. An access panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official
Exceptions:
1. The passageway and level service space are not required where the appliance is capable of
being serviced and removed through the required opening.
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2. Where the passageway is unobstructed and not less than 6 feet high and 22 inches wide for
its entire length, the passageway shall be not greater than 50 feet in length.
306.5 Equipment and appliances on roofs or elevated structures. Where equipment and appliances
requiring access are installed on roofs or elevated structures at an aggregate height exceeding 16 feet,
such access shall be provided by a permanent approved means of access. Permanent exterior ladders
providing roof access need not extend closer than 12 feet to the finish grade or floor level below and
shall extend to the equipment’s and appliance’s level service space. Such access shall not require
climbing over obstructions greater than 30 inches high or walking on roofs having a slope greater than
4 units vertical in 12 units horizontal (33-percent slope).
Permanent ladders installed to provide the required access shall comply with the following
minimum design criteria:
1. The side railing shall extend above the parapet or roof edge not less than 30 inches.
2. Ladders shall have rung spacing not to exceed 14 inches on center.
3. Ladders shall have a toe spacing not less than 6 inches deep.
4. There shall be a minimum of 18 inches between rails.
5. Rungs shall have a minimum 0.75-inch diameter and be capable of withstanding a 300-pound
load.
6. Ladders over 30 feet in height shall be provided with offset sections and landings capable of
withstanding 100 pounds per square foot.
7. Ladders shall be protected against corrosion by approved means.
Catwalks installed to provide the required access shall be not less than 24 inches wide and shall
have railings as required for service platforms.
Exception: This section shall not apply to Group R-3 occupancies.
A receptacle outlet shall be provided at or near the equipment and appliance location in accordance
with the Electrical Code.
Section 306.5.1. Section 306.5.1 of Section 306 “Access and Service Space” of Chapter 3
“General Regulations” of the 2006 International Mechanical Code is amended to read as follows:
306.5.1 Sloped roofs. Where appliances, equipment, fans, or other components that require service
are installed on roofs having slopes greater than 4 units vertical in 12 units horizontal and having an
edge more than 30 inches above grade at such edge, a catwalk at least 16 inches in width with
substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a
level platform at the appliance. The level platform shall be provided on each side of the appliance
to which access is required for service, repair, or maintenance. The platform shall be not less than
30 inches in any dimension and shall be provided with guards. The guards shall extend not less than
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42 inches above the platform, shall be constructed so as to prevent the passage of a 21-inch-
diameter sphere, and shall comply with the loading requirements for guards specified in the
Section 306. Section 306 “Access and Service Space” of Chapter 3 “General Regulations” of the
2006 International Mechanical Code is amended by adding Section 306.6 and Section 306.6.1 to read
as follows:
306.6 Water heaters above ground or floor. When the mezzanine or platform on which a water
heater is installed is more than 8 feet above the ground or floor level, it shall be made accessible by a
stairway or permanent ladder fastened to the building.
accessed through a lay-in ceiling and a water heater is installed not more than 10 feet above the
receptacle outlet shall be provided in accordance with Section 306.3.1.
Section 307.2.1. Section 307.2.1 of Section 307 "Condensate Disposal" of Chapter 3 "General
Regulations" of the 2006 International Mechanical Code is amended to read as follows:
307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not
discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance.
307.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be
cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS,
CPVC, or schedule 80 PVC pipe or tubing when exposed to ultraviolet light. All components shall
be selected for the pressure, temperature, and exposure rating of the installation. Condensate waste
and drain line size shall be not less than 3/4-inch internal diameter and shall not decrease in size
from the drain pan connection to the place of condensate disposal. Where the drain pipes from more
than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in
accordance with an approved method. All horizontal sections of drain piping shall be installed in
uniform alignment at a uniform slope.
307.2.3 Auxiliary and secondary drain systems. In addition to the requirements of Section
307.2.1, a secondary drain or auxiliary drain pan shall be required for each cooling or evaporator
coil or fuel-fired appliance that produces condensate, where damage to any building components
will occur as a result of overflow from the equipment drain pan or stoppage in the condensate drain
piping. One of the following methods shall be used:
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1. An auxiliary drain pan with a separate drain shall be provided under the coils on which
condensation will occur. The auxiliary drain pan shall discharge to a conspicuous point of
disposal to alert occupants in the event of a stoppage of the primary drain. The pan shall
have a minimum depth of 1.5 inches, shall not be less than 3 inches larger than the unit or
the coil dimensions in width and length, and shall be constructed of corrosion-resistant
material. Metallic pans shall have a minimum thickness of not less than 0.0276-inch
galvanized sheet metal. Nonmetallic pans shall have a minimum thickness of not less than
0.0625 inch.
2. A separate overflow drain line shall be connected to the drain pan provided with the
equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert
occupants in the event of a stoppage of the primary drain. The overflow drain line shall
connect to the drain pan at a higher level than the primary drain connection. However, the
conspicuous point shall not create a hazard such as dripping over a walking surface or other
areas so as to create a nuisance.
3. An auxiliary drain pan without a separate drain line shall be provided under the coils on
which condensate will occur. Such pan shall be equipped with a water-level detection
device conforming to UL 508 that will shut off the equipment served prior to overflow of
the pan. The auxiliary drain pan shall be constructed in accordance with Item 1 of this
section.
4. A water level detection device conforming to UL 508 shall be provided that will shut off the
equipment served in the event that the primary drain is blocked. The device shall be
installed in the primary drain line, the overflow drain line, or in the equipment-supplied
drain pan, located at a point higher than the primary drain line connection and below the
overflow rim of such pan.
Exception: Fuel-fired appliances that automatically shut down operation in the event of a
stoppage in the condensate drainage system.
Section 403.2.1. Section 403.2.1 of Section 403 “Mechanical Ventilation” of Chapter 4

“Ventilation” of the 2006 International Mechanical Code is amended to read as follows:
403.2.1 Recirculation of air. The air required by Section 403.3 shall not be recirculated. Air in
excess of that required by Section 403.3 shall not be prohibited from being recirculated as a
component of supply air to building spaces, except that:
1. Ventilation air shall not be recirculated from one dwelling to another or to dissimilar
occupancies.
2. Supply air to a swimming pool and associated deck areas shall not be recirculated unless
such air is dehumidified to maintain the relative humidity of the area at 60 percent or less.
Air from this area shall not be recirculated to other spaces where 10 percent or more of the
resulting supply airstream consists of air recirculated from these spaces.
3. Where mechanical exhaust is required by Note b in Table 403.3, recirculation of air from
such spaces shall be prohibited. All air supplied to such spaces shall be exhausted,
including any air in excess of that required by Table 403.3.
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4. Where mechanical exhaust is required by Note h in Table 403.3, mechanical exhaust is

required and recirculation is prohibited where 10 percent or more of the resulting supply
airstream consists of air recirculated from these spaces.
5. Toilet rooms within private dwellings that contain only a water closet, lavatory, or
combination thereof may be ventilated with an approved mechanical recirculating fan or
similar device designed to remove odors from the air.
Table 403.3, Note g. Note g of Table 403.3 “Required Outdoor Ventilation Air” of Section 403
“Mechanical Ventilation” of Chapter 4 “Ventilation” of the 2006 International Mechanical Code is
g. Transfer air permitted in accordance with Section 403.2.2. Toilet rooms within private dwellings that contain only a
water closet, lavatory, or combination thereof may be ventilated with an approved mechanical recirculating fan or
similar device designed to remove odors from the air.
Section 501.2. Section 501.2 of Section 501 “General” of Chapter 5 “Exhaust Systems” of the
501.2 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged
outdoors at a point where it will not cause a nuisance and not less than the distances specified in
Section 501.2.1. The air shall be discharged to a location from which it cannot again be readily drawn
in by a ventilating system. Air shall not be exhausted into an attic or crawl space.
Exceptions:
1. Whole-house ventilation-type attic fans shall be permitted to discharge into the attic space of
dwelling units having private attics.
2. Commercial cooking recirculating systems.
3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of
outside air is present.
Section 504.6. Section 504.6 of Section 504 “Clothes Dryer Exhaust” of Chapter 5 “Exhaust
Systems” of the 2006 International Mechanical Code is amended to read as follows:
504.6 Domestic clothes dryer ducts. Exhaust ducts for domestic clothes dryers shall be constructed of
metal and shall have a smooth interior finish. The exhaust duct shall be a minimum nominal size of 4
inches in diameter. The entire exhaust system shall be supported and secured in place. The male end
of the duct at overlapped duct joints shall extend in the direction of airflow. Clothes dryer transition
ducts used to connect the appliance to the exhaust duct system shall be limited to single lengths not to
exceed 8 feet and shall be listed and labeled for the application. Transition ducts shall not be concealed
within construction. The size of duct shall not be reduced along its developed length nor at the point of
termination.
Section 504.6.1. Section 504.6.1 of Section 504 “Clothes Dryer Exhaust” of Chapter 5 “Exhaust
Systems” of the 2006 International Mechanical Code is amended to read as follows:
504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed
35 feet from the dryer location to the outlet terminal. The maximum length of the duct shall be
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reduced 2-1/2 feet for each 45 degree bend and 5 feet for each 90 degree bend. The maximum
length of the exhaust duct does not include the transition duct.
following:

40 feet total developed length (TDL).
Duct Size: (Number)
Section 607.5.1. Section 607.5.1 of Section 607 “Duct and Transfer Openings” of Chapter 6
“Duct Systems” of the 2006 International Mechanical Code is amended to read as follows:
[B] 607.5.1 Fire walls. Ducts and air transfer openings permitted in fire walls in accordance with
Section 705.11 of the International Building Code shall be protected with listed fire dampers
installed in accordance with their listing. For hazardous exhaust systems, see Sections 510.1-510.9
of this code.
SECTION 8. That Section 8-11 “National Electrical Code” of Chapter 8 of Development Standards
and Construction Codes of the City of Irving, Texas, is hereby amended to read as follows:
Sec. 8-11. National Electrical Code.
(a) Electrical Code. The 2008 edition of the National Electrical Code with amendments,
modifications, and deletions as specified in this section is adopted as the electrical code for the City of
Irving, Texas.
(b) Amendments, modifications, and deletions to the 2008 National Electrical Code.
Amendments, modifications, and deletions to the 2008 National Electrical Code are adopted as
follows:
Section 90.3. Section 90.3 of Article 90 “Introduction” of the 2008 National Electrical Code is
90.3 Code Arrangement. This Code is divided into the introduction and nine chapters, as shown in
Figure 90.3. Chapters 1, 2, 3, and 4 apply generally; Chapters 5, 6, and 7 apply to special occupancies,
special equipment, or other special conditions. These latter chapters supplement or modify the general
rules. Chapters 1 through 4 apply except as amended by Chapters 5, 6, and 7 for the particular
conditions.
Chapter 8 covers communications systems and is not subject to the requirements of Chapters 1
through 7 except where the requirements are specifically referenced in Chapter 8.
Chapter 9 consists of tables that are applicable as referenced.
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Annexes are not part of the requirements of this Code but are included for informational purposes
only, except Annex H, which is adopted and made a part of this Code.
Article 100. Article 100 “Definitions” of Chapter 1 “General” of the 2008 National Electrical Code
is amended by changing the definition of the term “Authority Having Jurisdiction” to read as follows:
Authority Having Jurisdiction. The city of Irving director of planning and inspections or a duly
Article 100. Article 100 “Definitions” of Chapter 1 “General” of the 2008 National Electrical
Code is amended by adding the following definitions to read as follows:
Building Official. The city of Irving director of planning and inspections or a duly authorized
representative.
Section 230.2(A). Section 230.2(A) of Article 230 “Services” of Chapter 2 “Wiring and Protection”
of the 2008 National Electrical Code is amended to read as follows:
[230.2 Number of Services.]
(A) Special Conditions. Additional services shall be permitted to supply the following:
(1) Fire pumps
(2) Emergency systems
(3) Legally required standby systems
(4) Optional standby systems
(5) Parallel power production systems
(6) For multifamily dwellings, two or more laterals or sets of service conductors shall be permitted to
a building when both of the following conditions are met:
a. The building has six or more individual gang meters and all meters are grouped at the same
location; and
b. Each lateral or service conductors originate from the same point of service area.
Section II. Section II of Article 230 “Services” of Chapter 2 “Wiring and Protection” of the 2008
National Electrical Code is amended to read as follows:
II. Overhead Service-Drop Conductors. For new building construction and for new service conductor
installations, conductors shall be installed underground.
Section 230.71(A). Section 230.71(A) of Article 230 “Services” of Chapter 2 “Wiring and
Protection” of the 2008 National Electrical Code is amended to read as follows:
[230.71 Maximum Number of Disconnects.]
(A) General. The service disconnecting means for each service permitted by 230.2, or for each set of
service-entrance conductors permitted by 230.40, Exception Nos. 1, 3, 4, or 5, shall consist of not more
than six switches or sets of circuit breakers, or a combination of not more than six switches and sets of
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circuit breakers, mounted in a single enclosure, in a group of separate enclosures, or in or on a

switchboard. There shall be not more than six sets of disconnects per service grouped in any one
location.
For the purpose of this section, disconnecting means installed as part of listed equipment, and used
solely for the following shall not be considered a service disconnecting means:
(1) Power monitoring equipment
(2) Surge-protective devices(s)
(3) Control circuit of the ground-fault protection system
(4) Power-operable service disconnecting means
Exception: Multi-occupant buildings. Individual service disconnecting means is limited to six for each
occupant. The number of individual disconnects at one location may exceed six.
Section 300.11(A). Section 300.11(A) of Article 300 “Wiring Methods” of Chapter 3 “Wiring
Methods and Materials” of the 2008 National Electrical Code is amended to read as follows.
[300.11 Securing and Supporting.]
(A) Secured in Place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely
fastened in place. Support wires that do not provide secure support shall not be permitted as the sole
support. Support wires and associated fittings that provide secure support and that are installed in
addition to the ceiling grid support wires may be permitted as the sole support unless not deemed
sufficient support by the inspector. Where independent support wires are used, they shall be secured at
both ends. Cables and raceways shall not be supported by ceiling grids.
Exception: Ceiling grid support wires may be used for structural supports when the associated wiring
is located in that area, not more than two raceways or cables supported per wire, with a maximum
nominal metric designation 16 (trade size ½”).
(1) Fire-Rated Assemblies. Wiring located within the cavity of a fire-rated floor-ceiling or roof-
ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling
support wires. An independent means of secure support shall be provided and shall be permitted to be
attached to the assembly. Where independent support wires are used, they shall be distinguishable by
color, tagging, or other effective means from those that are part of the fire-rated design.
Exception: The ceiling support system shall be permitted to support wiring and equipment that have
been tested as part of the fire-rated assembly.
FPN: One method of determining fire rating is testing in accordance with NFPA 251-
2006, Standard Methods of Tests of Fire Resistance of Building Construction and
Materials.
(2) Non–Fire-Rated Assemblies. Wiring located within the cavity of a non–fire-rated floor–ceiling or
roof–ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling
support wires. An independent means of secure support shall be provided and shall be permitted to be
attached to the assembly.
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Exception: The ceiling support system shall be permitted to support branch-circuit wiring and associated
equipment where installed in accordance with the ceiling system manufacturer’s instructions.
Section 310.15(B)(6). Section 310.15(B)(6) of Article 310 “Conductors for General Wiring” of
Chapter 3 “Wiring Methods and Materials” of the 2008 National Electrical Code is amended to read as
follows.
[310.15 Ampacities for Conductors Rated 0-2000 Volts.]
[(B) Tables.]
(6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For individual dwelling
units of one-family, two-family, and multifamily dwellings, conductors, as listed in Table 310.15(B)(6),
shall be permitted as 120/240-volt, 3-wire, single-phase service-entrance conductors, service-lateral
conductors, and feeder conductors that serve as the main power feeder to each dwelling unit and are
installed in raceway or cable with or without an equipment grounding conductor. For application of
this section, the main power feeder shall be the feeder between the main disconnect and the panelboard
that supplies, either by branch circuits or by feeders, or both, all loads that are a part or associated with
the dwelling unit. The feeder conductors to a dwelling unit shall not be required to have an allowable
ampacity rating greater than their service-entrance conductors. The grounded conductor shall be
permitted to be smaller than the ungrounded conductors, provided the requirements of 215.2, 220.61,
and 230.42 are met. This section shall not be used in conjunction with 220.82.
Section 334.10. Section 334.10 of Article 334 “Nonmetallic-Sheathed Cable: Types NM, NMC,
and NMS” of Chapter 3 “Wiring Methods and Materials” of the 2008 National Electrical Code is
334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in
the following:
(1) One- and two-family dwellings.

(2) Multifamily dwellings permitted to be of Types III, IV, and V construction except as prohibited in
334.12.
(3) Other structures permitted to be of Types III, IV, and V construction except as prohibited in
334.12. Cables shall be concealed within walls, floors, or ceilings that provide a thermal barrier
of material that has at least a 15-minute finish rating as identified in listings of fire-rated
assemblies.
FPN No. 1: Types of building construction and occupancy classifications are defined in
NFPA 220-2006, Standard on Types of Building Construction, or the applicable building
code, or both.
FPN No. 2: See Annex E for determination of building types [NFPA 220, Table 3-1].
(4) Cable trays in structures permitted to be Types III, IV, or V where the cables are identified for the
use.
FPN: See 310.10 for temperature limitation of conductors.
(5) In any multifamily dwelling not exceeding three floors above grade.
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Exception: An additional level shall be permitted in multifamily dwellings where the entire structure is
protected throughout by an approved automatic sprinkler system.
(6) Other structures not exceeding three floors above grade.
Note: In (5) and (6) above: For the purpose of this article, the first floor of a building shall be that
floor that has 50 percent or more of the exterior wall surface area level with or above finished grade.
One additional level that is the first level and not designed for human habitation and used only for
vehicle parking, storage, or similar use shall be permitted.
(A) Type NM. Type NM cable shall be permitted as follows:
(1) For both exposed and concealed work in normally dry locations except as prohibited by 334.10(3)
(2) To be installed or fished in air voids in masonry block or tile walls
(B) Type NMC. Type NMC cable shall be permitted as follows:
(1) For both exposed and concealed work in a dry, moist, damp, or corrosive locations, except as
prohibited by 334.10(3)
(2) In outside and inside walls of masonry block or tile
(3) In a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel
plate at least 1/16 inch thick and covered with plaster, adobe, or similar finish
(C) Type NMS. Type NMS cable shall be permitted as follows:
(1) For both exposed and concealed work in normally dry locations except as prohibited by 334.10(3)
(2) To be installed or fished in air voids in masonry block or tile walls
Section 334.12(A). Section 334.12(A) of Article 334 “Nonmetallic-Sheathed Cable: Types NM,
NMC, and NMS” of Chapter 3 “Wiring Methods and Materials” of the 2008 National Electrical Code is
[334.12 Uses Not Permitted.]
(A) Types NM, NMC, and NMS. Types NM, NMC, and NMS cables shall not be used as follows:
(1) In any dwelling or structure not specifically permitted in 334.10(1), (2), and (3)
Exception: Type NM, NMC, and NMS cable shall be permitted in Type I and II construction when
installed within raceways permitted to be installed in Type I and II construction.
(2) Exposed in dropped or suspended ceilings in other than one- and two-family and multifamily
dwellings
(3) As service-entrance cable
(4) In commercial garages having hazardous (classified) locations as defined in 511.3
(5) In theaters and similar locations, except where permitted in 518.4(B)
(6) In motion picture studios
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(7) In storage battery rooms

(8) In hoistways or on elevators or escalators
(9) Embedded in poured cement, concrete, or aggregate
(10) In hazardous (classified) locations, except where permitted by the following:
a. 501.10(B)(3)
b. 502.10(B)(3)
c. 504.20
(11) In metal frame structures.
Section 500.8(A). Section 500.8(A) of Article 500 “Hazardous (Classified) Locations, Classes I, II,
and III, Divisions 1 and 2” of Chapter 5 “Special Occupancies” of the 2008 National Electrical Code is
[500.8 Equipment.]
(A) Suitability. Suitability of identified equipment shall be determined by one of the following:
(1) Equipment listing or labeling
(2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency
concerned with product evaluation
(3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self-evaluation
or an engineering judgment signed and sealed by a qualified Registered Professional Engineer.
FPN: Additional documentation for equipment may include certificates demonstrating
compliance with applicable equipment standards, indicating special conditions of use,
and other pertinent information.
Section 505.7(A). Section 505.7(A) of Article 505 “Class I, Zone 0, 1, and 2 Locations” of Chapter 5
“Special Occupancies” of the 2008 National Electrical Code is amended to read as follows:
[505.7 Special Precaution.]
(A) Implementation of Zone Classification System. Classification of areas, engineering and design,
selection of equipment and wiring methods, installation, and inspection shall be performed by a
qualified Registered Professional Engineer.
Section 517.18(A). Section 517.18(A) of Article 517 “Health Care Facilities” of Chapter 5 “Special
Occupancies” of the 2008 National Electrical Code is amended to read as follows:
[517.18 General Care Areas.]
(A) Patient Bed Location. Each patient bed location shall be supplied by at least two branch circuits,
one from the emergency system and one from the normal system. At least one branch circuit from the
emergency system shall supply an outlet(s) only at that bed location. All branch circuits from the
normal system shall originate in the same panelboard. The branch circuit supplied by the critical
branch serving patient bed locations shall not be part of a multiwire branch circuit.
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Exception No. 1: Branch circuits serving only special-purpose outlets or receptacles, such as portable
X-ray outlets, shall not be required to be served from the same distribution panel or panels.
Exception No. 2: Requirements of 517.18(A) shall not apply to patient bed locations in clinics, medical
and dental offices, and outpatient facilities; psychiatric, substance abuse, and rehabilitation hospitals;
sleeping rooms of nursing homes and limited care facilities meeting the requirements of 517.10(B)(2).
Exception No. 3: A general care patient bed location served from two separate transfer switches on the
emergency system shall not be required to have circuits from the normal system.
Section 517.19(A). Section 517.19(A) of Article 517 “Health Care Facilities” of Chapter 5 “Special
Occupancies” of the 2008 National Electrical Code is amended to read as follows:
[517.19 Critical Care Areas.]
(A) Patient Bed Location Branch Circuits. Each patient bed location shall be supplied by at least
two branch circuits, one or more from the emergency system and one or more circuits from the normal
system. At least one branch circuit from the emergency system shall supply an outlet(s) only at that
bed location. All branch circuits from the normal system shall be from a single panelboard.
Emergency system receptacles shall be identified and shall also indicate the panelboard and circuit
number supplying them. The branch circuit supplied by the critical branch serving patient bed
locations shall not be part of a multiwire branch circuit.
Exception No. 1: Branch circuits serving only special-purpose receptacles or equipment in critical
care areas shall be permitted to be served by other panelboards.
Exception No. 2: Critical care locations served from two separate transfer switches on the emergency
system shall not be required to have circuits from the normal system.
Section 680.25(A). Section 680.25(A) of Article 680 “Swimming Pools, Fountains, and Similar
Installations” of Chapter 6 “Special Equipment” of the 2008 National Electrical Code is amended to read
as follows:
[680.25 Feeders.]
(A) Wiring Methods. Feeders shall be installed in rigid metal conduit, intermediate metal conduit,
liquid-tight flexible nonmetallic conduit, rigid polyvinyl chloride conduit, or reinforced thermosetting
resin conduit. Electrical metallic tubing shall be permitted where installed on or within a building, and
electrical nonmetallic tubing shall be permitted where installed within a building, or nonmetallic-
sheathed cable or type SE cable shall be permitted where installed within or on the building served.
Aluminum conduits shall not be permitted in the pool area where subject to corrosion.
Exception: An existing feeder between an existing remote panelboard and service equipment shall be
permitted to run in flexible metal conduit or an approved cable assembly that includes an equipment
grounding conductor within its outer sheath. The equipment grounding conductor shall comply with
250.24(A)(5).
Annex H. Annex H “Administration and Enforcement” of the 2008 National Electrical Code is
amended by deleting the first paragraph (italicized) of Annex H.
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Section 80.2. Section 80.2 of Annex H “Administration and Enforcement” of the 2008 National
Electrical Code is amended in its entirety to read as follows:
80.2 Definitions.
Authority Having Jurisdiction. The city of Irving director of planning and inspections or a duly
Chief Electrical Inspector. An electrical inspector who either is the authority having jurisdiction
or is designated by the authority having jurisdiction and is responsible for administering the
requirements of this Code.
Electrical Inspector. An individual meeting the requirements of 80.27 and authorized to perform
electrical inspections.
Homeowner. Any person who has qualified their property as a homestead and who resides therein.
Electrical Code is amended by adding subsection (D) to read as follows:
[80.9 Application.]
(D) Homeowner Installations, Additions, Alterations, or Repairs. Allowable homeowner

electrical work shall be limited to the installation or repair of feeders and branch circuits.
Section 80.13(2). Section 80.13(2) of Annex H “Administration and Enforcement” of the 2008
[80.13 Authority.]
(2) When the use of any electrical equipment or its installations is found to be dangerous to human
life or property, the authority having jurisdiction shall be empowered to have the premises
disconnected from its source of electric supply. In case of emergency or when necessary for the
safety of persons or property, the authority having jurisdiction may cause the disconnection of
any electrical equipment without notice. When such equipment or installation has been
disconnected, a notice shall be placed thereon listing the causes for the disconnection and the
penalty for disregarding the notice. Written notice of such disconnection and the causes therefor
shall be given to the owners, the occupant, or both, of such building, structure, or premises. It
shall be unlawful for any person to remove said notice, to reconnect the electric equipment to its
source of electric supply, or to use or permit to be used electric power in any such electric
equipment until such causes for the disconnection have been remedied to the satisfaction of the
inspection authorities.
Section 80.13(13). Section 80.13(13) of Annex H “Administration and Enforcement” of the 2008
[80.13 Authority.]
(13) Whenever any installation subject to inspection prior to use is covered or concealed without
having first been inspected, the authority having jurisdiction shall be permitted to require that
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such work be exposed for inspection. The authority having jurisdiction shall be notified when
the installation is ready for inspection.
Electrical Code is amended in its entirety to read as follows:
80.15 Construction Board of Appeals.
Means of Appeal. Any person shall have the right to appeal a decision of the authority having
jurisdiction to the construction board of appeals. Electrical code appeals shall be handled in accordance
Section 80.19(C). Section 80.19(C) of Annex H “Administration and Enforcement” of the 2008
[80.19 Permits and Approvals.]
(C) Issuance of Permits. The authority having jurisdiction shall be authorized to establish and issue
permits, certificates, notices, and approvals, or orders pertaining to electrical safety hazards pursuant to
80.23, except that no permit shall be required to execute any of the classes of electrical work specified
in the following:
(1) Installation or replacement of equipment such as lamps and of electric utilization equipment
approved for connection to suitable permanently installed receptacles. Replacement of flush or
snap switches, fuses, lamp sockets, and receptacles, and other minor maintenance and repair
work, such as replacing worn cords and tightening connections on a wiring device.
(2) The process of manufacturing, testing, servicing, or repairing electrical equipment or apparatus.
(3) Installation, alteration, or repairing of any wiring, devices, appliances, or equipment for the
operation of signal or the transmission of intelligence, where such wiring, devices, appliances, or
equipment operates at a voltage not exceeding 50 volts between conductors and do not include
generating or transforming equipment.
Section 80.19(E). Section 80.19(E) of Annex H “Administration and Enforcement” of the 2008
(E) Fees. Fees shall be in accordance with Appendix L of the 2006 International Building Code.
Section 80.19(F). Section 80.19(F) of Annex H “Administration and Enforcement” of the 2008
(F) Inspection and Approvals.

(1) Upon completion of any installation of electrical equipment that has been made under a permit
other than an annual permit, it shall be the duty of the person, firm, or corporation making the
installation to notify the Electrical Inspector, who shall inspect the work within a reasonable time.
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(2) If the authority having jurisdiction finds the installation to be in conformity with the requirements
of this Code and all applicable ordinances, orders, rules, and regulations, after payments of all
required fees, the Electrical Inspector may issue to the person, firm, or corporation making the
installation a notice of approval. When a certificate of temporary approval is issued authorizing
the connection of an installation, such temporary certificate should be issued for a set time period
with the expiration date noted on the permit. The permit will also be revocable by the Electrical
Inspector.
(3) When any portion of the electrical installation within the jurisdiction of an Electrical Inspector is
to be hidden from view by the permanent placement of parts of the building, the person, firm, or
corporation installing the equipment shall notify the Electrical Inspector, and such equipment
shall not be concealed until it has been approved by the Electrical Inspector.
(4) At regular intervals, the Electrical Inspector having jurisdiction may visit all buildings and
premises where work may be done under an electrical permit and shall inspect all electrical
installations and equipment installed under such permits. The Electrical Inspector shall issue a
notice of approval for such work as is found to be in conformity with the provisions of this Code
and all applicable ordinances, orders, rules, and regulations, after payments of all required fees.
The Electrical Inspector may require the building contractor to remove any obstacle that in any
manner conceals electrical wiring that has been covered without approval. The Electrical
Inspector shall not approve the work until he or she is satisfied that it is in compliance with the
provisions of this code.
(5) If, upon inspection, any installation is found not to be fully in conformity with the provisions of
this Code, and all applicable ordinances, orders, rules, and regulations, the Electrical Inspector
making the inspection shall at once forward to the person, firm, or corporation making the
installation a written notice stating the defects that have been found to exist.
(6) Any commercial or residential building owner, lessee, or authorized agent who wishes to obtain
an electrical service release or temporary power shall apply to the authority having jurisdiction,
pay the applicable fee, and provide access for the inspection in order to receive approval from the
Electrical Inspector.
(7) A reinspection fee may be assessed for each inspection or reinspection when such work for which
inspection is called is not complete, when corrections called for are not made, or for failure to
provide access on the date for which inspection is requested. To obtain a reinspection, the
applicant shall pay a reinspection fee as provided in Appendix L of the 2006 International
Building Code and request an inspection from the authority having jurisdiction.
Section 80.19(H). Section 80.19(H) of Annex H “Administration and Enforcement” of the 2008
National Electrical Code is amended in its entirety to read as follows:
(H) Applications and Extensions. Applications and extensions of permits shall be in accordance
with Section 105 of the 2006 International Building Code.
amended by deleting Section 80.23 “Notice of Violations, Penalties.”
Section 80.25(B). Section 80.25(B) of Annex H “Administration and Enforcement” of the 2008
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[80.25 Connection to Electricity Supply.]
(B) Special Consideration. By special permission of the authority having jurisdiction, temporary
power shall be permitted to be supplied to the premises for specific needs of the construction project.
The authority having jurisdiction shall determine what needs are permitted under this provision.
Section 80.25(C). Section 80.25(C) of Annex H “Administration and Enforcement” of the 2008
(C) Notification. It is unlawful for any person to make a connection to a supply of electricity for any
electrical equipment or any electrical installation for which a permit is required, or which has been
disconnected by the order of the authority having jurisdiction, without first obtaining a notice of
approval from the authority having jurisdiction.
Section 80.25(E). Section 80.25(E) of Annex H “Administration and Enforcement” of the 2008
(E) Disconnection. If in the judgment of the authority having jurisdiction, any electrical installation
in any building or on any premises may be unsafe to persons or property, the Electrical Inspector may
cause the installation to be disconnected from the source of electrical supply, may seal the control
switches in an open or disconnected position, give notice at the site, or notify the electric company
serving the premises. It is unlawful for any person to cause or permit electric current to be supplied to a
sealed electrical installation until it has been made safe and the Electrical Inspector has issued a
certificate of approval for it.
amended by deleting Section 80.27 “Inspector’s Qualifications.”
Electrical Code is amended to read as follows:
80.29 Liability for Damages. Article 80 shall not be construed to affect the responsibility or liability
of any party owning, designing, operating, controlling, or installing any electrical equipment for
damages to persons or property caused by a defect therein, nor shall the City of Irving or any of its
employees be held as assuming any such liability by reason of the inspection, reinspection, or other
examination authorized.
amended by deleting Section 80.31 “Validity.”
amended by deleting Section 80.33 “Repeal of Conflicting Acts.”
amended by deleting Section 80.35 “Effective Date.”
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SECTION 9. That Section 8-22 “Manufactured home community or recreational vehicle

community permit” of Chapter 8 of The Code of Civil and Criminal Ordinances of the City of Irving,
Texas, is hereby amended by changing (b) to read as follows:
(b) It is unlawful for any person to locate or relocate, alter, extend, or construct a manufactured
home, recreational vehicle, or accessory building, within a manufactured home community or
recreational vehicle community unless he or she has a valid permit issued by the building official in the
name of such person for the specific placement, alteration, extension, or construction. All
manufactured home, recreational vehicle, and accessory building placements, alterations, extensions, or
construction shall comply with applicable codes, ordinances and the zoning ordinance. Setbacks and
separations shall be maintained for all manufactured homes, recreational vehicles, accessory buildings
and other structures as follows:
(1) Porches and accessory buildings must be a minimum of 5 feet from an interior street and/or
from any adjacent manufactured home or recreational vehicle.
(2) A carport may be attached to the manufactured home or recreational vehicle unit it serves but
may not be closer than 5 feet to any adjacent manufactured home or recreational vehicle.
(3) A freestanding accessory structure shall be no closer than 5 feet to a manufactured home or
recreational vehicle at any point. It is an affirmative defense to this section that the accessory
structure is located within 8 inches of the manufactured home or recreational vehicle it serves.
It is an additional affirmative defense to this section that neither the manufactured home nor
the accessory structure has been moved since October 26, 2000.
(4) Between any end of manufactured home or recreation vehicle and private roadway: 5 feet.
(5) Between any side of manufactured home or recreational vehicle and private roadway: 10 feet.
(6) Separations between manufactured homes or recreational vehicles:
a. Front side to back side: 15 feet.
b. Front side to end: 15 feet.
c. End to end: 10 feet.
d. End to back side: 10 feet.
e. Front side to front side: 20 feet.
f. Back side to back side: 15 feet.
SECTION 10. That terms and provisions of this ordinance shall be deemed to be severable and
that if the validity of any section, subsection, sentence, clause, or phrase 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.
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SECTION 11. That it is the intent of the Irving City Council that pending prosecutions, brought
under the previous code, which this ordinance replaces, should continue under the terms and penalties
of said code and be saved from dismissal as if said prior ordinances had not been repealed.
SECTION 12. Any person violating or failing to comply with any provision of this chapter
shall be fined upon conviction not less than one dollar ($1.00) nor more than five hundred dollars
($500.00). Each day any violation of any provision of this chapter continues constitutes a separate
offense.
SECTION 13. That this ordinance shall become effective on January 4, 2009.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
December 3, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
________________________________
City Secretary
________________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3134

Recommending Department: Fire LSR No:
Ordinance -- Amending Chapter 17 of the City of Irving Land Development

Code of Ordinances Including the Adoption of the 2006 International Fire
Code and Regional and Local Amendments
1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant
Neighborhoods, No. 3: Economic Development, No. 4: Safe and Secure City, No. 8:
Sound Governance, and No. 10: Sustainable Community.
I.S.O. (insurance) rating. Updated codes promote public health, building safety,
and the general welfare of the residents, visitors and businesses of Irving. There will
be no significant impact that will result in the change from the 2003 International
Fire Code to the 2006 International Fire Code.
3. Changes to Chapter 17 adopt the 2006 International Fire Code with amendments.
2009.
6. The Construction Board reviewed the proposed code and amendments on August
27, 2009, and recommends their adoption to the City Council.
Recommendation
.
ATTACHMENTS:
• Ordinance - 2006 International Fire Code (DOC)

NONE
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AN ORDINANCE AMENDING SECTION 17-4 OF CHAPTER 17 OF THE CODE OF CIVIL AND

CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY ADOPTING THE
INTERNATIONAL FIRE CODE, 2006 EDITION; DESIGNATING IT AS THE FIRE CODE OF THE
CITY OF IRVING; REPEALING ORDINANCE NO. 7552 AND ARTICLE IV “FIREWORKS” OF
CHAPTER 24 OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF
IRVING, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
SECTION 1. That Section 17-4 of Chapter 17 of the Code of Civil and Criminal Ordinances of
the City of Irving, Texas, is hereby amended to read as follows:
Sec. 17-4. International Fire Code.
(a) Adopted. The City of Irving hereby adopts the provisions contained in the 2006 International
Fire Code as published by the International Code Council, Inc., a copy of which is on file in the Office
of the City Secretary of the City of Irving, with modifications set forth in section (b) of this article. In
Chapter 17 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, the words “this
code” shall mean the International Fire Code as adopted by the City of Irving.
(b) Amendments, modifications and deletions.
Section 101.1. Section 101.1 of Section 101 “General” of Chapter 1 “Administration” of this code is
101.1 Title. These regulations shall be known as the Fire Code of the City of Irving, Texas.
Section 101.2.1 of Section 101 “General” of Chapter 1 “Administration” of this code is amended to
read as follows:
101.2.1 Appendices. Appendix B - “Fire-Flow Requirements for Buildings,” Appendix C - “Fire

Hydrant Locations and Distribution,” Appendix D - “Fire Apparatus Access Roads,” Appendix E -
“Hazard Categories,” Appendix F - “Hazard Ranking,” and Appendix G - “Cryogenic Fluids – Weight
and Volume Equivalents” shall be considered part of the requirements of this code.
Section 102.1 of Section 102 “Applicability” of Chapter 1 “Administration” of this code is amended
to read as follows:
102.1 Construction and design provisions. The construction and design provisions of this code
shall apply to:
1. Structures, facilities and conditions arising after the adoption of this code.
2. Existing structures, facilities and conditions not legally in existence at the time of adoption of
this code.
3. Existing structures, facilities and conditions when identified in specific sections of this code.
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4. Existing structures, facilities and conditions which, in the opinion of the code official,
constitute a distinct hazard to life or property.
5. The provisions of this code apply to buildings built under the IRC and IBC.
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AN ORDINANCE AMENDING SECTION 17-4 OF CHAPTER 17 OF THE CODE OF CIVIL AND

CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY ADOPTING THE
INTERNATIONAL FIRE CODE, 2006 EDITION; DESIGNATING IT AS THE FIRE CODE OF THE
CITY OF IRVING; REPEALING ORDINANCE NO. 7552 AND ARTICLE IV “FIREWORKS” OF
CHAPTER 24 OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF
IRVING, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Attachment: Ordinance - 2006 International Fire Code (3134 : 05 Appr Fire Code)
SECTION 1. That Section 17-4 of Chapter 17 of the Code of Civil and Criminal Ordinances of
the City of Irving, Texas, is hereby amended to read as follows:
Sec. 17-4. International Fire Code.
(a) Adopted. The City of Irving hereby adopts the provisions contained in the 2006 International
Fire Code as published by the International Code Council, Inc., a copy of which is on file in the Office
of the City Secretary of the City of Irving, with modifications set forth in section (b) of this article. In
Chapter 17 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, the words “this
code” shall mean the International Fire Code as adopted by the City of Irving.
(b) Amendments, modifications and deletions.
Section 101.1. Section 101.1 of Section 101 “General” of Chapter 1 “Administration” of this code is
101.1 Title. These regulations shall be known as the Fire Code of the City of Irving, Texas.
Section 101.2.1 of Section 101 “General” of Chapter 1 “Administration” of this code is amended to
read as follows:
101.2.1 Appendices. Appendix B - “Fire-Flow Requirements for Buildings,” Appendix C - “Fire

Hydrant Locations and Distribution,” Appendix D - “Fire Apparatus Access Roads,” Appendix E -
“Hazard Categories,” Appendix F - “Hazard Ranking,” and Appendix G - “Cryogenic Fluids – Weight
and Volume Equivalents” shall be considered part of the requirements of this code.
to read as follows:
102.1 Construction and design provisions. The construction and design provisions of this code
shall apply to:
1. Structures, facilities and conditions arising after the adoption of this code.
2. Existing structures, facilities and conditions not legally in existence at the time of adoption of
this code.
3. Existing structures, facilities and conditions when identified in specific sections of this code.
4. Existing structures, facilities and conditions which, in the opinion of the code official,
constitute a distinct hazard to life or property.
5. The provisions of this code apply to buildings built under the IRC and IBC.
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59.a
to read as follows:
102.4 Application of building code. The design and construction of new structures shall comply
with this code, and other codes as applicable and any alterations, additions, changes in use or changes
in structures required by this code, which are within the scope of the International Building Code, shall
be made in accordance therewith.
to read as follows:
102.5 Historic buildings. The construction, alteration, repair, enlargement, restoration or
movement of existing buildings or structures that are designated as historic buildings shall only be
allowed when such buildings or structures do not constitute a distinct hazard to life or property shall be
in accordance with the provisions of the International Building Code. When said buildings are a
hazard, the hazardous condition must be abated in accordance with this Code and other city codes.
to read as follows:
102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those
that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be
considered part of the requirements of this code to the prescribed extent of each such reference. Where
differences occur between the provisions of this code and the referenced standards, the provisions of
this code shall apply. Whenever amendments have been adopted to the referenced codes and standards,
each reference to said code and standard shall be considered to reference the amendments as well. Any
reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Codes and
standard shall be the most recent edition available.
Section 103 “Department of Fire Prevention” of Chapter 1 “Administration” is amended by deleting

section 103.2 “Appointment.”
Section 105.6.43 of section 105 “Permits” of Chapter 1 “Administration” of this code is amended to
read as follow:
105.6.43 Temporary membrane structures, tents and canopies. An operational permit is required to
operate an air-supported temporary membrane structure or a tent having an area in excess of 400 square
feet (37 m2), or a canopy in excess of 1600 square feet (148 m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Fabric canopies open on all sides which comply with all of the following:
2.1. Individual canopies having a maximum size of 1600 square feet (148 m2).
2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance
of not less than 12 feet (3658 mm) shall not exceed 1600 square feet (148 m2) total.
2.3. A minimum clearance of 12 feet (3658 mm) to structures
Section 106.2 of section 106 “Inspections” of Chapter 1 “Administration” of this code is amended by
adding section 106.2.1 and 106.2.2 to read as follows:
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59.a
106.2.1 Inspection requests. It shall be the duty of the permit holder or their duly authorized agent to
notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder
to provide access to and means for inspections of such work that are required by this code.
106.2.2 Approval required. Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the fire code official. The fire code official, upon
notification, shall make the requested inspections and shall either indicate the portion of the
construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the
same fails to comply with this code. Any portions that do not comply shall be corrected and such
portion shall not be covered or concealed until authorized by the fire code official.
Section 106 “Inspections” of Chapter 1 “Administration” of this code is amended by adding section
106.5 and 106.6 to read as follows:
106.5 Approval by the Fire Code Official. Each application for a Certificate of Occupancy (as
required by the International Building Code) must be reviewed and the premises approved by the fire
code official before a Certificate of Occupancy may be issued.
If a facility is closed for failure to comply with a provision of any applicable law, the code official or
the building official shall revoke it's Certificate of Occupancy. He or she shall not issue a new
Certificate of Occupancy for the facility unless and until it is in compliance with all current applicable
codes and laws. The building official or the fire code official may waive the requirement for
compliance with one or more provisions of the current laws if the building is brought into compliance
with the most stringent comparable code provision or provisions practicable under the circumstances.
106.6 Letter of compliance issued for shell buildings. When requested by the building owner, the
building official may issue a letter of compliance for shell buildings when he or she determines on final
inspections that the building or structure complies with the International Building Code, the provisions of
this code, the site plan, if applicable, and other applicable laws.
Section 108.3 of Section 108 “Board of Appeals” of Chapter 1 “Administration” of this code is
108.3 Qualifications. The provisions of this section shall apply to chapters 8, 8A, 8C and 8D in the Irving
Code of Civil and Criminal ordinances. There has been established the Construction Board of Appeals
consisting of seven (7) members as follows: one (1) interested citizen, one (1) master electrician or
electrical contractor, one (1) master plumber or plumbing contractor, one (1) class "A" licensed mechanical
(HVAC) contractor or mechanical engineer, one (1) home builder, one (1) representative from the fire
protection industry and one (1) licensed architect or engineer. The board members shall be residents of the
city and shall be appointed by the city council. The building official and the fire chief are ex officio
members of the board.
Section 109.3 of Section 109 “Violations” of Chapter 1 “Administration” of this code is amended to
read as follows:
109.3 Violation penalties The penalty for a violation of this code shall be between $1.00 and $500.00,
unless the complaint alleges that the offense was committed intentionally, knowingly or recklessly, in
which case, the penalty shall be from $1.00 to $2,000.00. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
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Section 111.4 of Section 111 “Stop Work Order” of Chapter 1 “Administration” of this code is amended
to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having been served with a
stop work order, except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be liable to a fine of not less than two hundred dollars ($200) or more than two
thousand dollars ($2,000). Each day that a violation continues after due notice has been served shall be
deemed a separate offense.
Section 202 “General Definitions” of Chapter 2 “Definitions” of this code is amended by adding the
definitions of “Addressable Fire Detection System,” “Analog Intelligent Addressable Fire Detection
System,” “Building Official,” “High-rise Building,” “IBC,” “Jurisdiction,” “Person,” “Pyrotechnic
Operator,” “Residential Area,” “Self-service Storage Facility,” “Standby Personnel,” and “Trench
Burner” to read as follows:
ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of providing identification of

each individual alarm-initiating device. The identification shall be in plain English and as descriptive as
possible to specifically identify the location of the device in alarm. The system shall have the capability
of alarm verification.
ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable

of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the
sensing point. The physical analog may be conducted at the sensing point or at the main control panel.
The system shall be capable of compensating for long-term changes in sensor response while
maintaining a constant sensitivity. The compensation shall have a preset point at which a detector
maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of
detecting and transmitting an alarm while in maintenance alert.
BUILDING OFFICIAL. The director of the City of Irving department of inspections or his or her
HIGH-RISE BUILDING. A building having floors used for human occupancy located more than 75
feet (16 764 mm) above the lowest level of fire department vehicle access.
IBC. The International Building Code adopted in Chapter 8 of The Code of Civil and Criminal
Ordinances of the City of Irving, Texas.
JURISDICTION. The area within the corporate limits of the City of Irving, Texas.
PERSON. A natural person, individual, firm, partnership, corporation, trust, joint venture or other legal
entity and his, her, or its heirs, executors, administrators, assigns, and agents.
PYROTECHNIC OPERATOR. An individual possessing a current State of Texas pyrotechnic

license and approved by the fire code official to be responsible for pyrotechnics, pyrotechnic special
effects materials, or both.
RESIDENTIAL AREA. A lot or tract of land zoned R-40, R-15, R-10, R-7.5, R-6, R-6A, R-3.5, R-
2.5, R-MF, R-MF-1, R-MF-2, R-TH, R-MH, R-XF, R-PH, R-ZL, R-ZLa, R-SFA, PUD, M-FW, or S-
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P-1 or S-P-2 for residential purposes under the City of Irving Comprehensive Zoning Ordinance and
any other lot or tract of land, regardless of its zoning, special or overlay district, upon which there is
located at least one dwelling unit.
SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting
or leasing individual storage spaces to customers for the purpose of storing and removing personal
property on a self-service basis.
STANDBY PERSONNEL. Qualified fire service personnel, approved by the fire chief. When
utilized, the number required shall be as directed by the fire chief. Charges for utilization shall be as
normally calculated by the jurisdiction.
TRENCH BURNER. A portable device used to introduce air into a pit being used for burning debris,
also called an air curtain destructor.
Section 307.2 of Section 307 “Open Burning And Recreational Fires” of Chapter 3 “General
Precautions Against Fire” of this code is amended to read as follows:
307.2 Permit required. A permit shall be obtained from the fire code official in accordance with
Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management
practices, prevention or control of disease or pests, bonfire, or open burning. Application for such
approval shall only be presented by and permits issued to the owner of the land upon which the fire is
to be kindled.
Examples of state or local law, or regulations referenced elsewhere in this section may include, but
not be limited to, the following:
1. Texas Commission on Environmental Quality guidelines and/or restrictions.
2. State, county or local temporary or permanent bans on open burning.
3. Local written policies as established by the fire code official.
4. Any other requirements as determined by the fire code official.
307.4 Location. The location for open burning shall not be less than 300 feet (91 440 mm) from any
structure, and provisions shall be made to prevent the fire from spreading to within 300 feet (91 440
mm) of any structure. Provisions shall be made to prevent the fire from spreading from the approved
location.
Section 307 “Open Burning and Recreational Fires” of Chapter 3 “General Precautions Against Fire”
of this code is amended by adding Section 307.4.3 to read as follows:
307.4.3 Trench burns. Trench burns shall be conducted in air curtain trenches and in accordance
with Sections 307.2 and 307.3.
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307.5 Attendance. Open burning, trench burns, bonfires, or recreational fires shall be constantly
attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with
Section 906 with a minimum 4-A rating and other approved on-site fire extinguishing equipment, such
as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
Section 308 “Open Flames” of Chapter 3 “General Precautions Against Fire” of this code is amended
by adding Section 308.1.1 to read as follows:
308.1.1 Definitions. The following words and terms shall, for the purposes of this chapter and as
used elsewhere in this code, have the meanings shown herein.
APPROVED SIGNAGE. A sign, placard, or decal no less than 24 square inches in size with bold
lettering, contrasting in color to its background no less than 1/4" high stating, "PROHIBITED THE
USE OF ANY GRILL, HIBACHI, OR SMOKER WITHIN 10 FEET OF BUILDING OR
OVERHANG IRVING FIRE CODE $2,000 FINE" and with graphics as indicated in the
illustrations below:
-PROHIBITED-
THE USE OF ANY GRILL, HIBACHI, OR SMOKER IN OR
WITHIN 10 FEET OF BUILDING OR OVERHANG
IRVING FIRE CODE $2,000 FINE
5" x 5"
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-PROHIBITED-
THE USE OF ANY GRILL, HIBACHI, OR
SMOKER IN OR WITHIN 10 FEET OF
BUILDING OR OVERHANG
IRVING FIRE CODE $2,000 FINE
3" x 8"
GRILL. A cooking utensil on which food is exposed directly to red heat or open flame as from
heated briquettes, charcoal, electricity, natural gas, propane compressed gas or wood, which is
commonly referred to as a barbecue grill, hibachi, or smoker.
Section 308.3.1 of Section 308 “Open Flames” of Chapter 3 “General Precautions Against Fire” of
this code is amended to read as follows:
308.3.1 Open-flame cooking devices. It is unlawful for any person to construct, erect, install,
maintain or use any incinerator, barbecue pit, fixed or portable grill, or other open flame cooking
device or burn any combustible material as to constitute or occasion a fire hazard by its use or
burning or as to endanger the life or property of any person.
Section 308 “Open Flames” of Chapter 3 “General Precautions Against Fire” of this code is amended
by adding Sections 308.3.1.2, 308.3.1.3, 308.3.1.4, 308.3.1.5, and 308.3.1.6 to read as follows:
308.3.1.2. It is unlawful for any person to use or allow or permit to be used a fixed or portable
grill in a R-1, R-2 or R-4 occupancy or within ten feet (3048 mm) of any part of a R-1, R-2 or
R-4 occupancy or on or under any portion of the structure of a R-1, R-2 or R-4 occupancy.
308.3.1.3. It is unlawful for any person to own or manage R-1, R-2 or R-4 occupancy without
installing and maintaining on each balcony and patio of each dwelling unit and guest room
approved signage readily visible to the occupants prohibiting the use of any barbecue grill,
hibachi, or smoker.
308.3.1.4. It is unlawful for any person to own or manage an R-1, R-2 or R-4 occupancy that is
designed without patios or balconies without installing and maintaining approved signage in
each separate common area.
308.3.1.5. It is unlawful for any person to own or manage an R-1, R-2 or R-4 occupancy
without maintaining written proof, available to City of Irving inspectors upon request, that
approved signage has been installed on each balcony and patio of every dwelling unit and guest
room. Such proof may be in the form of a lease addendum in which the tenant acknowledges
that such signage exists, by picture, or by other means that would prove that the signage exists.
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308.3.1.6. It is unlawful for any person to own or manage an R-1, R-2 or R-4 occupancy
without notifying each tenant in writing as part of their lease or as an addendum to their lease at
the time the tenant moves in, that such signage exists and must be maintained in place.
Section 401.3 of Section 401 “General” of Chapter 4 “Emergency Planning And Preparedness” of
401.3 Emergency forces notification. An owner or occupant shall immediately report:
1. Fire;
2. The discovery of smoke from an unauthorized or unidentified source; or
3. Any situation that would indicate a hazard.
Building employees and tenants shall implement the appropriate emergency plans and procedures.
No person shall, by verbal or written directive, require or permit any delay in the reporting of a fire to
the fire department.
Section 401.3.1. 401.3.1 of Section 401 “General” of Chapter 4 “Emergency Planning And
Preparedness” of this code is amended to read as follows:
Section 401.3.1 Making false report. It shall be unlawful for a person to give, signal, transmit, or
cause to be transmitted a false alarm.
Section 403.1 of Section 403 “Public Assemblages And Events” of Chapter 4 “Emergency Planning
And Preparedness” of this code is amended to read as follows:
403.1 General. When, in the opinion of the fire code official, it is essential for public safety in a place
of assembly or any other place where people congregate, or other place that the fire official may
determine is necessary due to the risk to life and property because of the number of persons, or the
nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall
provide one or more fire watch personnel or standby personnel, as required and approved, to remain on
duty during the times such places are open to the public, or when such activity is being conducted. The
fire watch personnel or standby personnel shall keep diligent watch for fires, obstructions to means of
egress and other hazards during the time such place is open to the public or such activity is being
conducted and take prompt measures for remediation of hazards, extinguishment of fires that occur and
assist in the evacuation of the public from the structures.
Section 404.3.1. of Section 404 “Fire Safety And Evacuation Plans” of Chapter 4 “Emergency
Planning And Preparedness” of this code is amended to read as follows:
404.3.1 Emergency response plans. Emergency response plans shall include the following:
1. Emergency egress or escape routes and whether evacuation of the building is to be complete
or, where approved, by selected floors or areas only.
2. Procedures for employees who must remain to operate critical equipment before evacuating.
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3. Procedures for accounting for employees and occupants after evacuation has been
completed.
4. Identification and assignment of personnel responsible for rescue or emergency medical aid.
5. The preferred means and any alternative means of notifying occupants of a fire or
emergency.
6. The preferred means and any alternative means of reporting fires and other emergencies to
the fire department or designated emergency response organization.
7. Identification and assignment of personnel who can be contacted for further information or
explanation of duties or any other needed information under the plan.
8. A description of the emergency voice/alarm communication system alert tone and
preprogrammed voice messages, where approved.
9. The procedure for reporting a fire or other emergency.
10. The life safety strategy and procedures for notifying, relocating, or evacuating occupants.
11. Site plans indicating the following:
11.1. The occupancy assembly point, which is the location where people would
assemble after an evacuation.
11.2. The locations of fire hydrants.
11.3. The normal routes of fire department vehicle access.
12. Floor plans identifying the location of the following:
12.1. Exits.
12.2. Primary evacuation routes.
12.3. Secondary evacuation routes.
12.4. Accessible egress routes.
12.5. Areas of refuge.
12.6. Manual fire alarm boxes.
12.7. Portable fire extinguishers.
12.8. Occupant-use hose stations.
12.9. Fire alarm annunciators and controls.
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13. A list of major fire hazards associated with the normal use and occupancy of the premises,
including maintenance and housekeeping procedures.
14. Identification and assignment of personnel responsible for maintenance of systems and
equipment installed to prevent or control fires.
15. Identification and assignment of personnel responsible for maintenance, housekeeping and
controlling fuel hazards sources.
16. A list of phone numbers for management and security.
17. Procedures for blackout or power failure.
18. Procedures for severe weather.
19. Procedures for bomb threats.
20. Emergency elevator procedures.
21. Emergency medical procedures.
22. Bio-threat procedures.
Section 404 “Fire Safety And Evacuation Plans” of Chapter 4 “Emergency Planning And
Preparedness” of this code is amended by deleting Section 404.3.2 “Fire safety plans.”
Section 408 “Use And Occupancy-Related Requirements” of Chapter 4 “Emergency Planning And
Preparedness” of this code is amended by adding Section 408.5.4 to this code to read as follows:
408.5.4 Drill frequency. Emergency evacuation drills shall be conducted at least twelve times per
year, four times per year on each shift. Twelve drills shall be conducted in the first year of
operation. Drills are not required to comply with the time requirements of Section 405.4.
Section 502.1 of Section 502 “Definitions” of Chapter 5 “Fire Service Features” of this code is
amended by adding the following definitions:
CONTROLLED ACCESS GATE means a device located on public or private property which
controls or restricts access by motor vehicles or persons or both. The term includes but is not limited to
metal or wooden swing railings, metal or wooden rolling or sliding railings and drop arm type railings
extending across public or private streets or fire lanes whether manually operated or motorized.
LIGHT DUTY METAL CHAIN. A chain with metal links no larger than one-quarter inch in
diameter. This term does not include high test proof coil chains or other heat tempered chains of any
size.
OWNER. A natural person, corporation, partnership, association or any other similar entity who has
care, custody or control of the premises.
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MAIN GATE. A security gate located on public or private property where more than one security gate
exists and which has been designated in writing by the owner to the police department, fire department
and code enforcement as the main access to the property.
APPROVED PADLOCK. A Knox padlock which has been dual keyed for the Irving fire and police
departments.
Section 503.1.1 of Section 503 “Fire Apparatus Access Roads” of Chapter 5 “Fire Service Features”
of this code is amended to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every
facility, building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the
exterior wall of the first story of the building as measured by an approved route around the exterior
of the building or facility. Except for single- or two-family residences, the path of measurement
shall be along a minimum of a ten feet (3048 mm) wide unobstructed pathway around the external
walls of the structure. The owner of the building or facility shall submit an 8-½” x 11” site plan
showing the fire lanes and foot print of the building to the fire department for approval prior to
permits being issued for the building or facility. Approved fire lane site plans shall be kept on file
with the fire department.
Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720
mm) where:
1. The building is equipped throughout with an approved automatic sprinkler system

installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
2. Fire apparatus access roads cannot be installed due to location on property, topography,
waterways, non-negotiable grades or other similar conditions, and an approved
alternative means of fire protection is provided.
3. There are not more than two Group R-3 or Group U occupancies.
Any fire lane that has been established prior to the adoption of this code, or that was established by
separate ordinance or approval of a fire lane site plan, is a fire lane for all intents and purposes and shall
be maintained as required by this code, whether or not it meets the minimum requirements of a fire
lane. In addition, the chief may designate a fire lane when the ingress or egress of a new or existing
piece of property is not adequate for fire department apparatus.
Section 503.2 of Section 503 “Fire Apparatus Access Roads” of Chapter 5 “Fire Service Features” of
503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with
Sections 503.2.1 through 503.2.7 and Appendix D.
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503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than
24 feet (7315 mm), except for approved security gates in accordance with Section 503.6, and an
unobstructed vertical clearance of not less than 14 feet (4267 mm).
503.2.2 Authority. The fire code official shall have the authority to require an increase in the
minimum access widths and vertical clearances where they are inadequate for fire or rescue
operations.
Section 503.3 of Section 503 “Fire Apparatus Access Roads” of Chapter 5 “Fire Service Features”
503.3 Marking. Approved striping or, when allowed by the fire code official, signs, or both, shall be
provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs
and striping shall be maintained in a clean and legible condition at all times and shall be replaced or
repaired when necessary to provide adequate visibility.
1. Striping – Fire apparatus access roads shall be marked by painted lines of red traffic paint six
inches (6”) in width to show the boundaries of the lane. The words “NO PARKING FIRE
LANE” or "FIRE LANE NO PARKING” shall appear in four inch (4”) white letters at 25 feet
intervals on the red border markings along both sides of the fire lanes. Where a curb is
available, the stripping shall be on the vertical face of the curb.
2. Signs – shall read “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING" and shall be
twelve inches (12”) wide and eighteen inches (18”) high. Signs shall be painted on a white
background with letters and borders in red, using not less than two inch lettering. Signs shall be
permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches
(6’6”) above finished grade. Signs shall be spaced not more than fifty feet (50’) apart. Signs
may be installed on permanent buildings or walls or as approved by the fire code official.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed
in any manner, including the parking of vehicles. The minimum widths and clearances established in
Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at
all times.
Exception: An approved controlled access gate meeting all the requirements of all applicable city
codes.
It is unlawful for any person to park, stop, or leave standing any non-emergency vehicle within any
area specifically designated as a fire apparatus access road.
The owner or person in control of the property upon which a fire apparatus access road exists shall
cause any motor vehicle, other than an authorized emergency vehicle, that is parked in the fire lane to
be removed in compliance with applicable laws.
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It is an affirmative defense to this section that written approval has been obtained from the fire
department for closure of one-half the width of the fire apparatus access road while repairing the
surface of the road.
503.6 Controlled access gates. It is unlawful for any owner or other person in control of public or
private property to have a controlled access gate located on or restricting access to his or her property
unless the gate is in compliance with the following:
1) Gates consisting of a single wooden railing that pivots vertically to allow passage of vehicles shall
be so constructed and maintained to break away on minor impact or on application of manual
pressure at the end most remote from the pivot point. The wooden railings shall be of soft wood
and mounted on the pivot point with a knife edge bracket or otherwise scored to create a weak point
that will break away when pressure is applied. The opening motors shall be connected to an
approved radio receiver as described in #5 below.
2) Horizontal swinging gates shall open manually using an approved padlock. Each gate shall have a
pin that has the capability of being secured with the approved padlock installed on the end of the
operating arm closest to the gate. If no operating arms are installed, then a light duty metal chain
and approved padlock shall be used to secure the gate. If provided, the opening motors of each gate
shall be connected to an approved radio receiver as described in #5 below.
3) Rolling or sliding type gates shall not be installed in residential communities. Rolling or sliding
type gates shall have an approved locking box mounted on the gate. The box shall open from both
sides of the gate. This box shall be painted red and the word “FIRE” shall be lettered on the
exterior of the box. There shall be a T-type handle attached to a cable release inside the box. When
pulled, the cable shall disengage all opening mechanisms allowing the gate to be opened manually.
This box shall be secured with an approved padlock. The opening motors of each gate shall be
connected to an approved radio receiver as described in #5 below.
Exception: One- and two-family dwellings.
4) Personnel gates required for emergency access shall be equipped with an access door no smaller
than 18” X 18” that is secured by an approved padlock. The inside latching mechanism shall not be
more than 12” from the edge of the access door. If the personnel gate is for emergency use only,
the door may be secured with an approved padlock accessible from both sides of the gate and no
other latching hardware.
5) All motorized gates shall be equipped with an approved radio receiver and related equipment as
follows:
a) A 6 channel minimum modular receiver with an external antenna that has a frequency approved
by the Code Official. Each digital channel module shall be preset to a specific digital code
approved by the Code Official.
b) The receiver shall be equipped with an external, weatherproof antenna assembly.
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c) The antenna shall be located so that it will receive a clear signal from the transmitter when
operated from inside a vehicle at a distance of at least 100 feet from the gate.
d) The signal from the receiver to the operating motor shall override all other opening systems.
e) The receiver shall be protected from weather and physical damage.
f) The receiver shall be connected to an external wall mounted lamp assembly that is located at
each gate. The lamp assembly shall be visible to all approaching vehicle traffic and equipped with
a red globe
and flasher wired so that the bulb flashes when the gate has been opened by the radio receiver.
6) When activated by the radio receiver, the gate shall operate at a minimum speed of one foot per
second and remain open until the property agent has been instructed by an Irving Police or Fire
Department Officer that the gate may resume normal functioning, or the gate has been closed by the
Irving Police or Fire Department.
Section 503 “Fire Apparatus Access Roads” of Chapter 5 “Fire Service Features” of this code is
amended by adding Section 503.6.1 to read as follows:
503.6.1. Installation of Controlled Access Gates. Prior to the installation of a controlled access gate,
the owner or person in control of the property on which a controlled access gate will be located shall
submit plans for the proposed gate to the Irving Fire Department and all other applicable City
Departments for review, and obtain a controlled access gate permit from the City of Irving Building
Inspection Department. The plans shall include a site plan of the entire property, a description of the
gate, and a description of the proposed operating system. When the plans have been approved by the
Fire Department and other City Departments, a permit will be issued if the application and
corresponding forms are complete and the applicable permit fee is paid. The gate shall not be placed
into operation until it has been tested and approved by the Fire Department and Building Inspection
Department for the City of Irving.
Section 508.1 of Section 508 “Fire Protection Water Supplies” of Chapter 5 “Fire Service Features”
508.1 Required water supply. An approved water supply capable of supplying the required fire flow
for fire protection shall be provided to premises upon which facilities, buildings, portions of buildings,
exterior storage areas, or exterior dispensing or use areas, are hereafter constructed or moved into or
within the jurisdiction.
Section 508.5.1 of Section 508 “Fire Protection Water Supplies” of Chapter 5 “Fire Service Features
508.5.1 Where required. Where a portion of the facility, building, exterior storage, or exterior
dispensing or use area, hereafter constructed or moved into or within the jurisdiction is more than
400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route
around the exterior of the facility, building, exterior storage area, or exterior dispensing or use area,
on-site fire hydrants and mains shall be provided where required by the fire code official.
Exceptions:
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1. For Group R-3 and Group U occupancies, the distance requirement shall be 500 feet (152
m).
2. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall not be
more than 500 feet (152 m).
When a dead-end fire main exceeds 300 feet (91 440 mm) in length, the fire main shall be either up-
sized or the main shall be looped and a second connection to the City main shall be made to meet the
required fire flow.
A fire hydrant shall be located within 100 feet (30 480 mm) of all fire department connections.
Fire hydrants required for on-site use shall be located a minimum of 35 feet (10 688 mm) from the
centerline of either an inside or outside curve, corner or “T” intersection of the fire apparatus access
roadway and a minimum of 18 inches (457.2 mm) and a maximum of 3 feet (914.4 mm) from the back
of the curb, the edge of the paving, the outside edge of the fire lane striping or as otherwise approved
by the fire code official.
Chapter 5 “Fire Service Features” is amended by adding Section 511 to read as follows:
SECTION 511
EMERGENCY RADIO COMMUNICATIONS
511.1 Signal strength in buildings. In all new and existing buildings in which the type of
construction or distance from an operational emergency services antenna or dispatch site does not
provide adequate frequency or signal strength as determined by the code official, the building owner
shall be responsible for providing the equipment, installation and maintenance of said equipment in a
manner to strengthen the radio signal. The radio signal shall meet the minimum input / output strengths
according to the emergency radio system’s provider and system manager.
Section 803.3.2 of Section 803 “Furnishings” of Chapter 8 “Interior Finish, Decorative Materials
And Furnishings” of this code is amended to read as follows:
807.4.3.2. Artwork and materials attached to walls. Posted flammable or combustible paper or
plastic materials on walls shall be limited to not more than 20 percent of the wall area in corridors
and not more than 50 percent of the wall area of each wall in classrooms. Artwork and teaching
materials are not an exception to this requirement.
Section 803.4.2 of Section 803 “Furnishings” of Chapter 8 “Interior Finish, Decorative Materials
And Furnishings” of this code is amended to read as follows:
807.4.4.2. Artwork and materials attached to walls. Posted flammable or combustible paper or
plastic materials on walls shall be limited to not more than 20 percent of the wall area in corridors
and not more than 50 percent of the wall area of each wall in classrooms. Artwork and teaching
materials are not an exception to this requirement.
Section 901.7 of Section 901 “General” of Chapter 9 “Fire Protection Systems” of this code is
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901.7 Systems out of service. Where a required fire protection system is out of service or in the event
of an excessive number of accidental activations, the fire department and the fire code official shall be
notified immediately and, where required by the fire code official, the building shall either be evacuated
or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the
fire protection system has been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for notification of
the fire department and their only duty shall be to perform constant patrols of the protected premises
and keep watch for fires.
Section 902.1of Section 901 “Definitions” of Chapter 9 “Fire Protection Systems” of this code is
FIRE AREA. The aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior walls
or fire-resistance-rated horizontal assemblies of a building.
STANDPIPE, TYPES OF. Standpipe types are as follows:
Automatic dry. A dry standpipe system, normally filled with pressurized air, that is arranged
through the use of a device, such as dry pipe valve, to admit water into the system piping
automatically upon the opening of a hose valve. The water supply for an automatic dry
standpipe system shall be capable of supplying the system demand.
Automatic wet. A wet standpipe system that has a water supply that is capable of supplying the
system demand automatically.
Manual dry. A dry standpipe system that does not have a permanent water supply attached to
the system. Manual dry standpipe systems require water from a fire department pumper to be
pumped into the system through the fire department connection in order to meet the system
demand. The system must be supervised as specified in Section 905.2.
Manual wet. A wet standpipe system connected to a water supply for the purpose of
maintaining water within the system but does not have a water supply capable of delivering the
system demand attached to the system. Manual-wet standpipe systems require water from a fire
department pumper (or the like) to be pumped into the system in order to meet the system
demand.
Semiautomatic dry. A dry standpipe system that is arranged through the use of a device, such
as a deluge valve, to admit water into the system piping upon activation of a remote control
device located at a hose connection. A remote control activation device shall be provided at
each hose connection. The water supply for a semiautomatic dry standpipe system shall be
capable of supplying the system demand.
Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection Services” of this code is
903.1.2 Residential systems. Unless an exception or reduction is specifically allowed by this code
or the International Building Code, residential sprinkler systems installed in accordance with NFPA
13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly
referred to as "trade-offs", permitted by other requirements of this code.
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Section 903.2.1.1 of Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1
1. The new building or edition exceeds 6,000 square feet (557 m2) or the aggregate fire
area exceeds 12,000 square feet (1114 m²);
2. The fire area has an occupant load of 300 or more;
3. The fire area is located on a floor other than the level of exit discharge; or
4. The fire area contains a multi theater complex.
1. The new building or addition exceeds 5,000 square feet (464.5 m2) or the aggregate fire
area exceeds 5,000 square feet (464.5 m2);
1. The new building or addition exceeds 6,000 square feet (557 m2) or the aggregate fire
Exception: Areas used exclusively as participant sports areas (actual playing area) where
the main floor area is located at the same level as the level of exit discharge of the main
entrance and exit.
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1. The new building or addition exceeds 6,000 square feet (557 m2) or the aggregate fire
Exception: Areas used exclusively as participant sports areas where the main floor area is
located at the same level as the level of exit discharge of the main entrance and exit.
Section 903.2.2 of Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection
903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupancies as
follows:
1. A new building or addition 6,000 square feet (557 m2) or the aggregate fire area exceeds
20,000 square feet (1857 m²);.
2. Throughout every portion of educational buildings below the level of exit discharge.
Exception: An automatic sprinkler system is not required in any fire area or area below
the level of exit discharge where every classroom throughout the building has at least
one exterior exit door at ground level.
903.2.3 Group F-1. An automatic sprinkler system shall be provided throughout all buildings
containing a Group F-1 occupancy where one of the following conditions exists:
1. The building exceeds 6,000 square feet (557 m2);
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines,
exceeds 6,000 square feet (557 m²).
903.2.5. Group I. An automatic sprinkler system shall be provided throughout all buildings with a
Group I fire area.
Exception: An automatic fire sprinkler system installed in accordance with Section 903.3.1.2 or
903.3.1.3 shall be allowed in Group I-1 Residential Board and Care facilities. Sprinkler systems
must provide complete sprinkler protection in all living areas, sleeping areas, closets, bathrooms,
hallways, stairways, meeting and community rooms, and similar areas and be enhanced with a fire
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department connection, attic protection, and monitoring by a central station and shall be
maintained in proper working condition at all times the facility is occupied by any person.
903.2.6 Group M. An automatic sprinkler system shall be provided throughout buildings

containing a Group M occupancy where one of the following conditions exists:
3. The combined area of all Group M fire areas on all floors, including any mezzanines,
exceeds 6,000 square feet (557 m2).
903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings
containing a Group S-1 occupancy where one of the following conditions exists:
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines,
exceeds 6,000 square feet (557 m2).
903.2.8.1 Repair garages. An automatic sprinkler system shall be provided throughout all
buildings used as repair garages in accordance with the International Building Code, as follows:
1. Buildings exceeding 6,000 square feet (557 m2); or
2. Buildings with a repair garage servicing vehicles parked in a basement.
Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection Systems” of this code is
amended by adding Section 903.2.8.3 to read as follows:
903.2.8.3. Self-service storage facility. An automatic sprinkler system shall be installed

throughout all self-service storage facilities.
Exception: One-story self-service storage facilities that have no interior corridors, with a
one-hour fire barrier separation wall installed between every storage compartment.
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903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be
installed throughout buildings with a floor level, other than penthouses in compliance with
Section 1509 of the International Building Code, that is located 35 feet (10 668mm) or more
above the lowest level of fire department vehicle access.
Exception: Open parking structures.
Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection Systems” of this code is
amended by adding Section 903.2.4, 903.2.10.5 and Section 903.2.10.6 to read as follows:
903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding
12 feet (4572 mm), see Chapter 23 to determine if those provisions apply.
903.2.10.5 Spray booths and rooms. New and existing spray booths and spraying rooms s
hall be protected by an approved automatic fire-extinguishing system.
903.2.10.6 Buildings over 6,000 square feet. An automatic sprinkler system shall be installed
throughout all buildings over 6,000 square feet.
For the purpose of this provision, fire walls shall not define separate buildings.
Exceptions:
1. Open parking garages in compliance with Section 406.3 of the International
Building Code.
2. Type A-5 Occupancies
903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic
sprinklers shall not be required in the following rooms or areas where such rooms or areas
are protected with an approved automatic fire detection system in accordance with Section
907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not
be omitted from any room merely because it is damp, of fire-resistance-rated construction or
contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a serious
life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the fire code official.
3. Generator and transformer rooms, under the direct control of a public utility,
separated from the remainder of the building by walls and floor/ceiling or
roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.
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903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and
including four stories in height but having no floors used for human occupancy more than 55
feet (16 764mm) above the lowest level of fire department vehicle access, automatic sprinkler
systems shall be installed throughout in accordance with NFPA 13R. However, for the
purposes of exceptions or reductions permitted by other requirements of this code, see Section
903.1.2.
903.3.1.2.1 Balconies. Sprinkler protection shall be provided for exterior balconies and ground
floor patios. Side wall sprinklers that are used to protect such areas shall be permitted to be
located such that their deflectors are within 1 inch (25 mm) to 6 inches (152 mm) below the
structural members, and a maximum distance of 14 inches (356 mm) below the deck of the
exterior balconies that are constructed of open wood joist construction.
903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this
section and the standards referenced in Section 903.3.1. The potable water supply shall be
protected against backflow in accordance with the requirements of this section and the International
Plumbing Code.
Water supply as required for automatic sprinkler systems shall be provided in conformance with
the supply requirements of the respective standards; however, every fire protection system shall be
designed with a 5 psi safety factor.
903.3.7 Fire department connections. The number, size, and location of all fire department
connections on any fire protection system shall be as approved by the fire code official. All
combined standpipe systems shall be equipped with a minimum of one (1) four-way fire department
connection. Combined standpipe systems with three or more standpipes or any system in excess of
1,000 gpm system demand shall be provided with not less than two (2) four-way fire department
connections. All fire department connections shall be inter-connected in a manner that allows any
system in the building to be supplied by any or all of those fire department connections. All high
rise buildings shall have not less than two (2) four-way fire department connections. All fire
department connections shall be located on a street front or fire lane and not less than eighteen
inches (18”) (457.2 mm) nor more than four feet (4’) (1317.2 mm) above grade and shall be
equipped with approved substantial plugs or caps. All fire department connections shall be
protected against mechanical injury and shall be visible and accessible. The location of fire
department connections shall be as approved by the fire department, and shall not exceed forty-five
feet (45’) (13 716 mm) from a dedicated street or approved designated fire lane. In high rise
buildings having two or more zones, a minimum of two (2) fire department connections shall be
provided for each zone.
Section 903.4 of Section 903 “Automatic Sprinkler Systems” of Chapter 9 “Fire Protection Systems”
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903.4 Sprinkler system monitoring and alarms. All valves controlling the water supply for automatic
sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow
switches on all sprinkler systems shall be electrically supervised.
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds and
no longer than 90 seconds.
All control valves in the sprinkler and standpipe systems except for fire department hose connection
valves shall be electrically supervised to initiate a supervisory signal at the central station upon
tampering.
Preaction solenoid valves shall be of the type that when power is lost or the actuator is removed, the
valve will open and introduce water into the sprinkler piping.
Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
2. Limited area systems serving fewer than 20 sprinklers.
3. Automatic sprinkler systems installed in accordance with NFPA 13R where a common
supply main is used to supply both domestic and automatic sprinkler systems and a separate
shutoff valve for the automatic sprinkler system is not provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Control valves to commercial kitchen hoods, paint spray booths or dip tanks that are sealed
or locked in the open position.
6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open
position.
7. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are
sealed or locked in the open position.
903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at
the point of connection to the riser on each floor in all buildings 2-stories or more.
Exception: R Occupancies three stories or less.
Section 905.2 of Section 905 “Standpipe Systems” of Chapter 9 “Fire Protection Systems” of this
code is amended to read as follows:
905.2 Installation standards. Standpipe system shall be installed in accordance with this section and
NFPA 14. Manual dry standpipe systems shall have a minimum of 10 psig and a maximum of 40 psig
air pressure with a high/low alarm supervisory signal sent to an approved fire alarm system.
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Section 905 “Standpipe Systems” of Chapter 9 “Fire Protection Systems” of this code is amended by
adding Section 905.3.7 to read as follows:
905.3.7 Building area. In buildings exceeding 10,000 square feet (929 m²) in area per story, Class I
automatic wet or manual wet standpipes shall be provided where any portion of the building’s
interior area is more than 200 feet (60 960 mm) of travel, vertically and horizontally, from the
nearest point of fire department vehicle access.
Exception: Automatic dry and semiautomatic dry standpipes are allowed as provided for in
NFPA 14.
Section 905.4 of Section 905 “Standpipe Systems” of Chapter 9 “Fire Protection Systems” of this
code is amended to read as follows:
905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be
provided in all of the following locations:
1. In every required stairway, a hose connection shall be provided for each floor level above or
below grade. Hose connections shall be located at the floor level landing, unless otherwise
approved by the fire code official.
2. On each side of the wall adjacent to the exit opening of a horizontal exit.
3. In every exit passageway at the entrance from the exit passageway to other areas of a building.
4. In covered mall buildings, adjacent to each exterior public entrance to the mall and adjacent to
each entrance from an exit passageway or exit corridor to the mall.
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent
slope), each standpipe shall be provided with a two-way hose connection located either on the
roof or at the highest landing of stairways with stair access to the roof. An additional hose
connection shall be provided at the top of the most hydraulically remote standpipe for testing
purposes.
6. Where the most remote portion of a nonsprinklered floor or story is more than 150 feet (45 720
mm) from a hose connection or the most remote portion of a sprinklered floor or story is more
than 200 feet (60 960 mm) from a hose connection, the fire code official is authorized to require
that additional hose connections be provided in approved locations.
deleting Section 905.5 “Location of Class II standpipe hose connections,” Section 905.5.1 “Groups A-1
and A-2,” Section 905.5.2 “Protection,” and Section 905.5.3 “Class II system 1-inch hose.”
adding Section 905.6.3 to read as follows:
905.6.3 Groups A-1 and A-2. In Group A-1 and A-2 occupancies with occupant loads of more than
1,000 persons, hose connections shall be located on each side of any stage, on each side of the rear
of the auditorium, on each side of the balcony, and on each tier of dressing rooms.
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Section 905.9 “Standpipe Systems” of Chapter 9 “Fire Protection Systems” of this code is amended
to read as follows:
905.9 Valve supervision. Valves controlling water supplies shall be supervised in the open position so
that a change in the normal position of the valve will generate a supervisory signal at the supervising
station required by Section 903.4. Where a fire alarm system is provided, a signal shall also be
transmitted to the control unit.
Exceptions:
1. Valves to underground key or hub valves in roadway boxes provided by the municipality or
public utility do not require supervision.
2. Valves locked in the normal position and inspected as provided in this code in buildings not
equipped with a fire alarm system.
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler
system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control
valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be
electrically supervised to initiate a supervisory signal at the central station upon tampering.
Section 906.1 of Section 906 “Portable Fire Extinguishers” of Chapter 9 “Fire Protection Systems”
906.1 Where required. Portable fire extinguishers shall be installed in the following locations:
1. In Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies.
2. Within 30 feet (9144 mm) of commercial cooking equipment.
3. In areas where flammable or combustible liquids are stored, used or dispensed.
4. On each floor of structures under construction, except Group R-3 occupancies, in accordance
with Section 1414.1.
5. Where required by the sections indicated in Table 906.1.
6. Special-hazard areas, including but not limited to laboratories, computer rooms, and generator
rooms where required by the code official.
Section 907 “Fire Alarm And Detection Systems” of Chapter 9 “Fire Protection Systems” of this
code is amended by adding Section 907.1.3 to read as follows:
907.1.3 Design standards. All new or replacement alarm systems serving 50 or more alarm
actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75
smoke detectors or more than 200 total alarm activating devices shall be analog intelligent
addressable fire detection systems.
Exception: Existing systems need not comply unless the total building remodel or expansion
initiated after April 1, 1998, exceeds 30% of the building. When cumulative building
remodeling or expansion exceeds 50% of the building, the building must comply with the
requirements of this code within 18 months of permit application.
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Section 907.2.1 of Section 907 “Fire Alarm and Detection Systems” of Chapter 9 “Fire Protection
907.2.1 Group A. A manual fire alarm system shall be installed in Group A occupancies having an
occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit
discharge. Portions of Group E occupancies occupied for assembly purposes shall be provided with a
fire alarm system as required for the Group E occupancy.
Systems” of this code is amended to read as follows
907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies.
When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be
connected to the building fire alarm system. An approved smoke detection system shall be installed in
Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings,
whether portable buildings or the main building, will be considered one building for alarm occupant
load consideration and interconnection of alarm systems.
Exceptions:
1. Group E educational and day care occupancies with an occupant load of less than 50 when
provided with an approved automatic sprinkler system.
1.1 Residential In-Home day care with not more than 12 children may use
interconnected single station detectors in all habitable rooms; however, for care of more
than five children 2 1/2 or less years of age, see Section 907.2.6.
2. Manual fire alarm boxes are not required in Group E occupancies where all the following
apply:
2.1. Interior corridors are protected by smoke detectors with alarm verification.
2.2. Auditoriums, cafeterias, gymnasiums and the like are protected by heat detectors or
2.3. Shops and laboratories involving dusts or vapors are protected by heat detectors or
2.4. Off-premises monitoring is provided.
2.5. The capability to activate the evacuation signal from a central point is provided.
2.6. In buildings where normally occupied spaces are provided with a two-way
communication system between such spaces and a constantly attended receiving station
from where a general evacuation alarm can be sounded, except in locations specifically
designated by the fire code official.
907.2.12 High-rise buildings. Buildings having floors used for human occupancy located more
than 75 feet (22 860 mm) above the lowest level of fire department vehicle access shall be provided
with an automatic fire alarm system and an emergency voice/alarm communications system in
accordance with Section 907.2.12.2.
Exceptions:
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1. Airport traffic control towers in accordance with Sections 412 and 907.2.22 of the
2. Open parking garages in accordance with Section 406.3 of the International Building Code.
3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1, when used for
open air seating; however, this exception does not apply to accessory uses, including, but not
limited to, sky boxes, restaurants and similarly enclosed areas of the International Building
Code..
4. Low-hazard special occupancies in accordance with Section 503.1.2 of the International
Building Code..
5. Buildings with an occupancy in Group H-1, H-2 or H-3 in accordance with Section 415 of the
Section 907.4 of Section 907 “Fire Alarm and Detection Systems” of Chapter 9 “Fire Protection
907.4 Manual fire alarm boxes. Manual fire alarm boxes shall be installed in accordance with
Sections 907.3.1 through 907.3.5. Manual alarm actuating devices shall be an approved double action
type.
Systems” of this code is added to read as follows:
907.6.1 Installation. All fire alarm systems in “E” and “I” Occupancies shall be installed in such a
manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with
the normal operation of any other such devices. These systems shall be Class “A” wired with a
minimum of six feet separation between supply and return loops. IDC – Class “A” Style – D – SLC
Class “A” Style 6 – notification Class “B” Style Y. All other occupancies shall be in accordance with
907.6
Section 907.9.1 of Section 907 “Fire Alarm And Detection Systems” of Chapter 9 “Fire Protection
907.9.1 Zoning indicator panel. When two or more alarm zones are required, there shall be a
remote zoning indicator panel installed inside the main entrance of all buildings, in a location
approved by the chief. The visual zone indication shall lock in until the system is reset and shall not
be canceled by the operation of the audible-alarm silencing switch.
Exception: A zoning indicator panel is not required when the main control unit is approved to
be installed inside the main entrance of the building or when the monitoring system is for the
fire sprinkler system only.
When duct detectors are installed, readily visible indicator lights in the immediate area of the
detector shall be required.
Section 907.9.2 of Section 907 “Fire Alarm And Detection Systems” of Chapter 9 “Fire Protection
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907.9.2 High-rise buildings. In buildings that have any floor designated or used for human
occupancy more than 75 feet (22 860 mm) above the lowest level of fire department vehicle access
a separate zone by floor shall be provided for all of the following types of alarm-initiating devices:
1. Smoke detectors.
2. Sprinkler water-flow devices.
3. Manual fire alarm boxes.
4. Other approved types of automatic fire detection devices or suppression systems.
Section 907.11 of Section 907 “Fire Alarm And Detection Systems” of Chapter 9 “Fire
Protection Systems” of this code is amended to read as follows:
907.11 Fire safety functions. Automatic fire detectors utilized for the purpose of performing fire safety
functions shall be connected to the building’s fire alarm control panel where a fire alarm system is
required by Section 907.2. Detectors shall, upon actuation, perform the intended function and activate
the alarm notification appliances or activate a visible and audible supervisory signal at a constantly
attended location. In buildings not required to be equipped with a fire alarm system, the automatic fire
detector shall be powered by normal electrical service and, upon actuation, perform the intended
function. The detectors shall be located in accordance with NFPA 72. A heat detector connected to the
building fire alarm system shall be provided in elevator shafts. Activation of this heat detector shall
initiate the elevator recall functions.
907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building’s fire alarm
control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a
visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not
be used as a substitute for required open area detection. When duct detectors are installed, readily
visible indicator lights in the immediate area of the detector shall be required.
907.15 Monitoring. Where required by this chapter or by the International Building Code, an approved
listed central station in accordance with NFPA 72 shall monitor fire alarm systems. Existing fire alarm
systems in existing R-1 and R-2 occupancies shall comply with this provision within 18 months of
adoption of this code.
Exception: Supervisory service is not required for:
1. Single- and multiple-station smoke alarms required by Section 907.2.10.
2. Smoke detectors in Group I-3 occupancies.
3. Automatic sprinkler systems in one- and two-family dwellings.
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Section 910.3.2 of Section 910 “Smoke and Heat Vents” of Chapter 9 “Fire Protection Systems” of
910.3.2 Vent Operation. Smoke and heat vents shall be approved and labeled and shall be capable of
being operated by approved manual means only.
Section 910.3.2.2 of Section 910 “Smoke and Heat Vents” of Chapter 9 “Fire Protection Systems” of
910.3.2.2 Sprinklered buildings. Where installed in buildings equipped with an approved automatic
sprinkler system, smoke and heat vents shall be designed to operate manually.
Section 910.3.2.3 of Section 910 “Smoke and Heat Vents” of Chapter 9 “Fire Protection Systems” of
910.3.2.3 Nonsprinklered buildings. Where installed in buildings not equipped with an approved
automatic sprinkler system, smoke and heat vents shall operate manually.
Exception: Gravity-operated drop out vents complying with Section 910.3.1.1.
Section 913.4 of Section 913 “Fire Pumps” of Chapter 9 “Fire Protection Systems” of this code is
913.4 Valve supervision. Where provided, the fire pump suction, discharge and bypass valves, and the
isolation valves on the backflow prevention device or assembly shall be supervised open by one of the
following methods.
1. Central-station, proprietary, or remote station signaling service.
2. Local signaling service that will cause the sounding of an audible signal at a constantly attended
location.
3. Locking valves open.
4. Sealing of valves and approved weekly recorded inspection where valves are located within
fenced enclosures under the control of the owner.
The fire-pump system shall also be supervised for “loss of power,” “phase reversal” and “pump
running” conditions by supervisory signal on distinct circuits.
Section 1008.1.3.4 of Section 1008 “Doors, Gates and Turnstiles” of Chapter 10 “Means of Egress”
1008.1.3.4 Access-controlled egress doors. Doors in a means of egress in buildings with an

occupancy in Group A, B, E, M, R-1 or R-2 are permitted to be equipped with an approved entrance
and egress access control system which shall be installed in accordance with all of the following
criteria:
1. A sensor shall be provided on the egress side arranged to detect an occupant approaching the
doors. The doors shall be arranged to unlock by a signal from or loss of power to the sensor.
Exception: A sensor shall not be required where:
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- The building is equipped throughout with an automatic sprinkler system.

- The unlocking device required in Item 3 is located within 12 inches of the
unhinged side of a single door or within 6 inches of the hinged side of double
doors.
- Smoke detection required in Item 5 is provided within 5 feet of both sides of
the door.
2. Loss of power to that part of the access control system which locks the doors shall
automatically unlock
the doors.
3. The doors shall be arranged to unlock from a manual unlocking device located 40 inches to
48 inches (1016mmto 1219 mm) vertically above the floor and within 5 feet (1524 mm) of the
secured doors. The manual unlocking device shall be a 1 ½ inch mushroom type red button.
Ready access shall be provided to the manual unlocking device and the device shall be clearly
identified by a sign that reads: PUSH TO EXIT in letters 1 inch high with a stroke of 1/8 inch
on a contrasting background. When operated, the manual unlocking device shall result in direct
interruption of power to the lock—independent of the access control system electronics—and
the doors shall remain unlocked for a minimum of 30 seconds.
4. Entrance doors in buildings with an occupancy in Group A, B, E or M shall not be secured
from the
egress side during periods that the building is open to the general public.
5. A smoke detector tied to the building fire alarm system shall be provided within 5 feet of the
egress side of doors equipped with access control devices. Activation of the building fire alarm
system shall automatically unlock the doors, and the doors shall remain unlocked until the fire
alarm system has been reset.
6. Where the door is equipped with manual panic hardware that simultaneously, without delay,
releases all locks/latches securing the door, the sensor in Item 1, the manual unlocking device in
Item 3, and the smoke detector in Item 5 are not required.
Section 1008.1.8.6 of Section 1008 “Doors, Gates and Turnstiles” of Chapter 10 “Means Of Egress”
1008.1.8.6 Delayed egress locks. Approved, listed, delayed egress locks shall be permitted to be
installed on doors serving any occupancy except Group A, E and H occupancies in buildings that are
equipped throughout
with an automatic sprinkler system in accordance with Section 903.3.1.1 or an approved automatic
smoke or heat detection system installed in accordance with Section 907, provided that the doors
unlock in accordance
with Items 1 through 6 below. A building occupant shall not be required to pass through more than one
door equipped with a delayed egress lock before entering an exit.
1. The doors unlock upon actuation of the automatic sprinkler system or automatic fire
detection system.
2. The doors unlock upon loss of power controlling the lock or lock mechanism.
3. The door locks shall have the capability of being unlocked by a signal from the fire
command center.
4. The initiation of an irreversible process which will release the latch in not more than 15
seconds when a force of not more than 15 pounds (67 N) is applied for 1 second to the
release device. Initiation of the irreversible process shall activate an audible signal in the
vicinity of the door. Once the door lock has been released by the application of force to the
releasing device, relocking shall be by manual means only.
Exception: Where approved, a delay of not more than 30 seconds is permitted.
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5. A sign shall be provided on the door located above and within 12 inches (305 mm) of the
release device reading: PUSH UNTIL ALARM SOUNDS. DOOR CAN BE OPENED IN
15 [30]SECONDS.
6. Emergency lighting shall be provided at the door.
7. Release device shall be panic hardware.
Section 1016.1 of Section 1016 “Corridors” of Chapter 10 “Means Of Egress” of this code is
1016.1 Construction.
Corridors shall be fire-resistance rated in accordance with Table 1016.1. The corridor walls required to
be fire-resistance rated shall comply with Section 708 for fire partitions.
Exceptions:
1. A fire-resistance rating is not required for corridors in an occupancy in Group E where each room
that is used for instruction has at least one door directly to the exterior and rooms for assembly
purposes have at least one-half of the required means of egress doors opening directly to the exterior.
Exterior doors specified in this exception are required to be at ground level.
2. A fire-resistance rating is not required for corridors contained within a dwelling or sleeping unit in an
occupancy in Group R.
3. A fire-resistance rating is not required for corridors in open parking garages.
4. A fire-resistance rating is not required for corridors in an occupancy in Group B which is a space
requiring only a single means of egress complying with Section 1014.1.
5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction
within office spaces of a single tenant when the space is equipped with an approved automatic smoke-
detection system within the corridor. The actuation of any detector shall activate alarms audible in all
areas served by the corridor. The smoke-detection system shall be connected to the building’s fire
alarm system where such a system is provided.
6. Hallways classified as intervening rooms and meeting all other requirements for corridors contained
in this chapter.
Section 1019.1.8 of Section 1019 “Vertical Exit Enclosures” of Chapter 10 “Means Of Egress” of
1019.1.8 Smokeproof enclosures. In buildings required to comply with the high-rise provisions of
the International Building Code or the provisions for underground buildings in the International
Building Code, each of the exits of a building that serves stories where any floor surface is located
more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access or more
than 30 feet (9144 mm) below the level of exit discharge serving such floor levels shall be a
smokeproof enclosure or pressurized stairway in accordance with the International Building Code.
Section 1504.4 of Section 1504 “Spray Finishing” of Chapter 15 “Flammable Finishes” of this code
is amended to read as follows:
1504.4 Fire protection. New and existing spray booths and spray rooms shall be protected by an
approved automatic fire-extinguishing system complying with Chapter 9 which shall also protect
exhaust plenums, exhaust ducts and both sides of dry filters when such filters are used.
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Section 2202.1 “Definitions” of Chapter 22 “Definitions” of this code is amended by adding the
definitions of “Approved,” “Building Code,” “Care Facility,” “Chief,” “Fire Code,” “Fire Department,”
“Motor Fuel Container,” “Motor Vehicle,” and “NFPA” to read as follows:
2202.1 Definitions. (added)
Approved means approved by the chief after review, investigation, and/or tests conducted by the chief
or by approval of accepted principles or tests by national authorities or technical or scientific
organizations recognized by the chief.
Building Code means the Uniform Building Code as adopted and amended by the city council.
Care facility means any adult or child day care facility, nursery, nursing home, group home, hospital or
medical treatment facility or clinic, or other similar structures or uses.
Chief means the fire chief of the City of Irving and his or her designees.
Fire code means the International Fire Code as adopted and amended by the city council.
Fire department means the City of Irving Fire Department
Motor fuel container means an LP gas container mounted on a vehicle to store LP gas as the fuel
supply to an engine used to propel the vehicle
Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by
mechanical power and used on a highway. The phrase does not include a vehicle, machine, tractor,
trailer, or semitrailer operated exclusively on a rail
NFPA means the National Fire Protection Association Codes and Standards
2207.1 General. Motor fuel-dispensing facilities for liquefied petroleum gas (LP-gas) fuel shall be in
accordance with this section and Chapter 38. Both aboveground and below ground tanks storing
liquefied petroleum gas for retail, wholesale, or distribution purposes are prohibited within the
corporate limits of the City of Irving.
EXCEPTION: Storage tanks allowed by section 17-5 of the Code of Civil and Criminal
Ordinances of the City of Irving, Texas for motor vehicle fuel dispensing stations.
Section 2207.1.1 through 2207.1.4 of Section 2207.1 “General” of Chapter 9 “Liquefied Petroleum
Gas Motor Fuel-Dispensing Facilities” of this code is added to read as follows:
2207.1.1 Intent. The intent of this chapter is to allow LP gas motor vehicle fuel dispensing stations for
filling motor fuel containers on motor vehicles for companies that use LP gas as an alternate motor fuel.
It is the intent of this chapter to prohibit any person from filling any portable or mobile container, any
container on a forklift truck, or on any similar vehicle not designed for highway use. It is the intent of
this chapter to prohibit use by the general public of LP gas motor vehicle fuel dispensing stations.
2207.1.2 General regulations. No person shall install an LP gas motor vehicle fuel dispensing station
on any property within the city that is not owned or occupied by a governmental entity, or that is on
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private property and located in violation of subsection (f) of this section. No person may install, own, or
operate any LP gas motor vehicle fuel dispensing station on any property other than that owned or
controlled by a business entity that uses at least fifteen (15) vehicles for business purposes. The owner,
operator, manager, and any person in control of an LP gas motor vehicle fuel dispensing station shall
comply with this chapter, chapter 17 of this Code, the NFPA, and the Texas Railroad Commission's
Safety Rules of the Liquefied Petroleum Gas Division.
2207.1.3 Plans and specifications.

1. Any person wanting to install or construct an LP gas motor vehicle fuel dispensing station shall
submit plans and specifications for the proposed station to the chief for his or her review and
approval prior to the start of any construction or installation of any equipment. The person shall
submit plans and specifications that include:
a) A site plan which illustrates the location of LP gas storage vessels and their spatial relation to
one another, property lines, buildings, building openings, fire hydrants and fire department access
roads;
b) The location and design of the LP gas dispensers, dispenser nozzles, and related equipment and
components;
c) The design, specification, for all related piping, valves, and fittings;
d) The location and classification of electrical equipment, lighting, emergency controls, and fuel
shutdown devices, all safety devices;
e) Specifications for fuel storage and pressure relief components and for verbiage and location of
all required signage; and
f) The location, design, and specifications of the enclosure fencing.
2. No person shall begin construction or installation of an LP gas motor vehicle fuel dispensing station
without approved plans and specifications for the facility.
2207.1.4 Tank capacity. No person shall install, construct, own, manage, or operate any LP gas
installation for a motor vehicle fuel dispensing station that exceeds an aggregate water capacity of two
thousand (2,000) gallons (seven thousand five hundred seventy-one (7,571) liters).
Section 2207.3 of Section 2207 “Liquefied Petroleum Gas Motor Fuel-Dispensing Facilities” of
Chapter 22 “Repair Garages” of this code is amended to read as follows:
2207.3 Attendants. Motor fuel-dispensing operations shall be conducted by qualified attendants or in

accordance with Section 2207.6 by persons trained in the proper handling of LP-gas.
1. No person other than a qualified, thoroughly trained attendant who has taken and passed an exam
given by the Railroad Commission of Texas in the proper handling of LP gas for motor fuel
dispensing shall conduct a motor vehicle fueling operation.
2. The attendant shall not dispense and shall prevent any person from dispensing LP gas into a
container not in compliance with this chapter. The attendant shall control sources of ignition, give
immediate attention to accidental releases, and be prepared to use fire extinguishers. The attendant
shall use a method of communicating with the fire department approved by the chief and shall
immediately report all fires, accidental releases and hazardous conditions to the fire department.
3. The attendant shall not fill any portable or mobile container or any container on a forklift truck or
on any similar vehicle not designed for highway use. The attendant shall not fill any container for
use by the general public.
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2207.4 Location of storage vessels and dispensing devices. No person shall locate liquefied
petroleum gas storage or dispensing equipment:
1. Indoors;
2. Within twenty-five (25) feet of any outside storage area; or
Within one hundred fifty (150) feet of any residential area, apartment, hotel, educational facility,
hospital, care facility, building, public way, street, railroad, property line of developable property, or
waterway.
Section 2207 “Liquefied Petroleum Gas Motor Fuel-Dispensing Facilities” of Chapter 22 “Repair
Garages” of this code is amended by adding Section 2207.4.1 to read as follows:
2207.4.1 Dispensing operations.
1. No person shall dispense LP gas in a building. It is an affirmative defense to this subsection that the
point of transfer for an LP gas dispensing operation is under a canopy constructed in compliance
with the building code.
2. No person shall locate an LP gas vehicle dispenser in the same island as or within fifteen (15) feet
of any other fuel dispenser.
2207.5 Installation of dispensing devices and equipment. Any person installing an LP gas dispensing
system, an LP gas dispenser, or an LP gas dispensing station shall install it in compliance with all
applicable provisions of the manufacturer's specifications and listings, and all applicable provisions of
this code.
Section 2207 “Liquefied Petroleum Gas Motor Fuel-Dispensing Facilities” of Chapter 22 “Repair
Garages” of this code is amended by adding Sections 2207.8 through 2207.14 to read as follows:
2207.8 Security. No person shall install, construct, own, manage, or operate any LP gas motor vehicle
dispensing system that is not inside an approved fenced enclosure. The attendant shall fill only
permanently mounted motor fuel containers on LP gas powered motor vehicles for private companies
and fleets. The attendant shall control the activation of the station by the use of key, code, or card
approved by the chief. No person other than a qualified thoroughly trained attendant shall activate the
station.
2207.9 Fencing. No person shall install, own, manage, or operate and LP gas fuel dispensing station
that does not have all LP gas dispensing devices, equipment, and tanks in an enclosure fenced in
compliance with the following:
1. Surrounded by chain link fencing with wire no smaller than 12 1/2 American wire gauge;
2. Surrounded by fencing that is at least six (6) feet in height at all points. The highest foot of the
fencing may be at least three (3) strands of barbed wire no more than four (4) inches apart;
3. Fencing with all uprights, braces, and corner posts composed of noncombustible material;
4. With at least one (1) approved gate suitable for entrance and egress and emergency access;
5. With gates that are locked whenever the area enclosed is unattended;
6. With a minimum of two (2) feet between the fencing and the container, and between the fencing
and the entire dispensing system; and
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7. With gates secured with a dual keyed Knox padlock for emergency access.
2207.10 Safety devices. The owner/fleet operator of an LP gas dispensing facility shall ensure the safe
operation of the system and the adequate training of its users. He or she shall ensure that safety devices
on LP gas containers, equipment, and systems has been installed and maintained as required by federal,
state, and local laws and has not been tampered with or made ineffective. He or she shall ensure that
emergency controls are conspicuously marked and are located so as to be readily accessible in
emergencies. He or she shall ensure that the LP gas dispensing system has the following approved
minimum safety features:
1. Hoses with break away hose couplings;
2. A dispensing nozzle without any hold open latching device;
3. Pneumatic cylinder actuators, shear valves, back check valves, excess flow valves, and relief
valves;
4. A remote emergency control system;
5. Key, code, or card operated dispensing;
6. Signage, namely, "No Smoking--Stop Engine While Fueling--Motor Vehicle Dispensing Only," and
"Filling Of Portable Containers Prohibited," any other signage required by the chief, and any
signage required by applicable law;
7. A method of notifying the fire department;
8. An emergency plan posted in an approved location;
9. Static protection, bonding, and grounding; and
10. Any additional safety measures required by the chief.
It is an affirmative defense to this section that the safety devices in place have been approved as
equivalent to those listed in this section.
2207.11 Lighting. The owner/fleet operator of the station shall provide adequate lighting to illuminate
the storage tank, control valves, safety devices, fire protection equipment, signage, dispensing areas,
and other equipment as required by the chief.
2207.12 Protection from vehicles. The owner/fleet operator of an LP gas station shall provide guard
posts or another means approved by the chief to protect storage tanks and connected piping, valves and
fittings, dispensing areas, and use areas from vehicular damage.
2207.13 Fire protection. The owner/fleet operator of an LP gas motor vehicle fuel dispensing station
shall provide and maintain all fire protection systems and fire extinguishers required by the chief,
NFPA, chapter 17 of this Code, and the Texas Railroad Commission Safety Rules.
2207.14 Fire department access roads and fire hydrants. The owner/fleet operator of an LP gas
motor vehicle fuel dispensing station shall provide fire department access roads and fire hydrants in
compliance with chapter 17 of this Code.
Section 2302.1 of Section 2302 “Definitions” of Chapter 23 “High-Piled Combustible Storage” of

this code is amended by changing the definition for “High-piled Combustible Storage” to read as
follows:
HIGH-PILED COMBUSTIBLE STORAGE. Storage of combustible materials in closely packed

piles or combustible materials on pallets, in racks or on shelves where the top of storage is greater than
12 feet (3658 mm) in height. When required by the fire code official, high-piled combustible storage
also includes certain high-hazard commodities, such as rubber tires, Group A plastics, flammable
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liquids, idle pallets and similar commodities, where the top of storage is greater than 6 feet (1829 mm)
in height.
Any building exceeding 6,000 square feet that has a clear height in excess of 12 feet, making it
possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage and
shall comply with the provisions of this section. When a specific product cannot be identified, a fire
protection system shall be installed as for Class IV commodities, to the maximum pile height.
Section 2403.2 of Section 2403 “Temporary Tents, Canopies And Membrane Structures” of Chapter
24 “Tents, Canopies And Other Membrane Structures” of this code is amended to read as follows:
2403.2 Approval required. Tents and membrane structures having an area in excess of 400 square feet
(38 m2) and canopies in excess of 1600 square feet (148 m2) shall not be erected, operated or
maintained for any purpose without first obtaining a permit and approval from the fire code official.
Section 3301.1.3 of Section 3301 “General” of Chapter 33 “Explosives And Fireworks” of this code
is amended to read as follows:
3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks is
prohibited.
Exceptions:
1. Only when approved for fireworks displays, storage and handling of fireworks as provided
in Sections 3304 and 3308.
2. Novelty items as defined by the Department of Transportation.
Section 3308.1 of Section 3308 “Fireworks Display” of Chapter 33 “Explosives And Fireworks” of
3308.1 General. The display of fireworks, including proximate audience displays and pyrotechnic
special effects in motion picture, television, theatrical, and group entertainment productions and flame
effects before an audience, shall comply with this chapter and NFPA 1123, NFPA 1126, or NFPA 160.
Section 3308.2 of Section 3308 “Fireworks Display” of Chapter 33 “Explosives And Fireworks” of
3308.2 Permit application. Prior to issuing permits for fireworks display, plans for the display,
inspections of the display site, and demonstration of the display operations shall be approved. The
person requesting a permit shall submit sufficient site plans, lists of materials, descriptions of devices
and firing circuits, and any other information needed by the fire department to assure that all
requirements have been met and the operator is fully aware of these requirements. Content submittals
are specified in NFPA 1123 and NFPA 1126. Application for permit may only be made by a
pyrotechnic operator.
Section 3308 “Fireworks Display” of Chapter 33 “Explosives And Fireworks” of this code is
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3308.2.3 Flame effects before an audience. In addition to all other submittals, a fire hazard
analysis which takes into consideration such things as building construction, egress paths, age and
nature of audience, etc. must be submitted.
Section 3308 “Fireworks Display” of Chapter 33 “Explosives And Fireworks” of this code is
3308.3.1 Standby personnel. The number and type of standby personnel required shall be
determined by the fire chief. This number may include non-fire department personnel for security
and “spotters” that are deemed necessary for the safe operation of the event.
Section 3403.6 of Section 3403 “General Requirements” of Chapter 34 “Flammable And

Combustible Liquids” of this code is amended to read as follows:
3403.6 Piping systems. Piping systems, and their component parts, for flammable and combustible
liquids shall be in accordance with this section. An approved method of secondary containment shall
be provided for underground tank and piping systems.
Section 3404.2.11.5 of Section 3404 “Storage” of Chapter 34 “Flammable And Combustible

Liquids” of this code is amended to read as follows:
3404.2.11.5 Leak prevention. Leak prevention for underground tanks shall comply with
Sections 3404.2.11.5.1, 3404.2.11.5.2., and 3404.2.11.5.3. An approved method of secondary
containment shall be provided for underground tank and piping systems.
Section 3404 “Storage” of Chapter 34 “Flammable And Combustible Liquids” of this code is
amended by amending Section 3404.2.11.5.2 to read as follows:
3404.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with an
approved method of leak detections from any component of the system that is designed and installed in
accordance with NFPA 30 and as specified in Section 3404.2.11.5.3.
Section 3404 “Storage” of Chapter 34 “Flammable And Combustible Liquids” of this code is
amended by adding Section 3404.2.11.5.3 to read as follows:
3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum 6 inches in diameter

shall be installed in the backfill material of each underground flammable or combustible
liquid storage tank. The tubes shall extend from a point 12 inches below the average grade
of the excavation to ground level and shall be provided with suitable surface access caps.
Each tank site shall provide a sampling sump at the corners of the excavation with a
minimum of 4 sumps. Sampling tubes shall be placed in the product line excavation within
ten feet of the tank excavation and one every 50 feet routed along product lines towards the
dispensers, a minimum of two are required.
Section 3803 “Installation Of Equipment” of Chapter 38 “Liquefied Petroleum Gases” of this code is
amended by adding Section 3803.2.1.8 to read as follows:
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3803.2.1.8 Jewelry repair, dental labs and similar occupancies. Where natural gas service is
not available, portable LP-Gas containers are allowed to be used to supply approved torch
assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water
capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device
shall be separated from other containers by a distance of not less than 20 feet.
Section 3804.2 of Section 3804 “Location Of Containers” of Chapter 38 “Liquefied Petroleum

Gases” of this code is amended to read as follows:
3804.2 Maximum capacity within established limits. Within the limits established by law restricting
the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the
aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L).
Exceptions:
1. In particular installations, this capacity limit shall be determined by the code official, after
consideration of special features such as topographical conditions, nature of occupancy, and
proximity to buildings, capacity of proposed containers, degree of fire protection to be
provided, and capabilities of the local fire department.
2. LP-gas containers are not permitted in residential areas except as permitted in Section
308.3.1.1 and 3804.3.2.
Section 3804 “Location Of Containers” of Chapter 38 “Liquefied Petroleum Gases” of this code is
3804.3.2 Spas and pool heaters. Where natural gas service is not available, LP-Gas containers are
allowed to be used to supply spa and pool heaters. Such containers shall not exceed 250 gallon
water capacity. See Table 3804.3 for location of containers.
Section 3806 “Dispensing And Overfilling” of Chapter 38 “Liquefied Petroleum Gases” of this code
is amended by adding Section 3806.4 to read as follows:
3806.4 Filling of portable or mobile containers. No person shall install or maintain a fixed, portable,
or mobile liquefied petroleum gas storage container to fill mobile or portable containers.
Exceptions:
1. Storage containers approved by the chief, installed, and used for such purpose prior to
January 1, 1979.
2. Tank trucks licensed by the Railroad Commission.
3. As allowed in Section 2207.
Appendix D “Fire Apparatus Access Roads” of this code is amended to read as follows:
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APPENDIX D
FIRE APPARATUS ACCESS ROADS
SECTION D101
GENERAL
D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other
applicable requirements of the International Fire Code.
SECTION D102
REQUIRED ACCESS
D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus access road with asphalt,
concrete or other approved driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds (34 050 kg).
SECTION D103
MINIMUM SPECIFICATIONS
D103.1 Grade. Fire apparatus access roads shall not exceed 6 percent in grade.
Exception: Grades steeper than 6 percent as approved by the fire chief.
D103.2 Turning radius. The minimum turning radii shall be as follows:
For 90 degree or less turns:
1. 24’ fire lane – minimum internal radius is 30’.
2. 30’ fire lane – minimum internal radius is 20’.
For turns greater than 90 degrees, AASHTO Geometric Design Standards shall be utilized.
Widths shall be increased when, in the opinion of the chief, they are not adequate to provide fire
apparatus access.
D103.3 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be
provided with width and turnaround provisions in accordance with Table D103.4.
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TABLE D103.4
REQUIREMENTS FOR DEAD-END FIRE
APPARATUS ACCESS ROADS
LENGTH WIDTH
(feet) (feet) TURNAROUNDS REQUIRED
0-150 24 None required
150-500 24 120-foot Hammerhead, 60-foot “Y” or 96-foot-
diameter cul-de-sac in accordance with Figure
D103.1
501-750 28 120foot Hammerhead, 60-foot “Y” or 96-foot-
diameter cul-de-sac in accordance with Figure
D103.1
Over 750 Special approval required
SECTION D104
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
D104.1 Buildings exceeding three stories/30 feet in height. Buildings or facilities exceeding 30 feet
(9144 mm) or three stories in height shall have at least three means of fire apparatus access for each
structure.
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building
area of more than 62,000 square feet (5760 m²) shall be provided with two separate and approved fire
apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet (11 520 m²) having a
single approved fire apparatus access road when all buildings are equipped throughout with
approved automatic sprinkler systems.
D104.3 Remoteness. Where two access roads are required they shall be placed a distance apart equal to
not less than one half of the length of the maximum overall diagonal dimension of the property or area
to be served, measured in a straight line between accesses.
SECTION D105
AERIAL FIRE APPARATUS ACCESS ROADS
D105.1 Where required. Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm)
in height above the lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility
and power lines shall not be located within the aerial fire apparatus access roadway.
D105.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925
mm) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in
height.
D105.3 Proximity to building. At least one of the required access routes meeting this condition shall
be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the
building, and shall be positioned parallel to one entire side of the building.
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SECTION D106
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having
more than 100 dwelling units shall be equipped throughout with two separate and approved fire
apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus
access road when all buildings, including nonresidential occupancies, are equipped throughout with
approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2 of
the International Fire Code as adopted by the City of Irving.
D106.2 Projects having more than 200 dwelling units. Multiple-family residential projects having
more than 200 dwelling units shall be provided with two separate and approved fire apparatus access
roads regardless of whether they are equipped with an approved automatic sprinkler system.
SECTION D107
ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS
D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family

dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved
fire apparatus access roads, and shall meet the requirements of Section D104.3.
Exceptions:
1. Where there are more than 30 dwelling units on a single public or private fire apparatus
access road and all dwelling units are equipped throughout with an approved automatic
sprinkler system in accordance with Section 903.3.1.1, or 903.3.1.3 of the International Fire
Code as adopted by the City of Irving, access from two directions shall not be required.
2. The number of dwelling units on a single fire apparatus access road shall not be increased
unless fire apparatus access roads will connect with future development, as determined by the
code official.
SECTION 2. That Ordinance No. 7552 and Article IV of Chapter 24 of The Code of Civil and
Criminal Ordinances of the City of Irving, Texas, are hereby repealed.
SECTION 3. 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
clause or phrase of this ordinance. Further, it is the intent of the
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Irving City Council that pending prosecutions, brought under the previous code which this ordinance
replaces, should continue under the terms and penalties of said code and be saved from dismissal as if
said prior ordinance had not been amended or repealed.
SECTION 4. That this ordinance shall become effective on January 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
________________________________
City Secretary
________________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3129

Recommending Department: Parks & Building LSR No: N/A
Maintenance
Ordinance -- Amending Chapter 25 Entitled “Parks and Recreation” of the

Code of Civil and Criminal Ordinances of the City of Irving, Texas, by
Providing Duties and Responsibilities of the Parks and Recreation Board;
by Adding Article V. Tree Board and Providing for the Establishment,
Composition, Appointment of Officers, Terms of Office, Meetings, and
Duties and Responsibilities of Said Board; by Adding Article Vi. Tree Care
and Providing for the Care of Public Trees; and Providing for Severability
and an Effective Date
1. This item supports Strategic Goals No. 1: Land Use, No. 7: Cultural, Recreational
and Educational Environments and No. 10: Environmentally Sustainable
Community
2. Impact: This request will establish the Tree Board and define Tree Care within the
City of Irving which will serve to improve overall tree health and visual impression of
the community.
Recommendation
Contract Required: No Review Completed By: Charles Anderson
.
.

NONE
Prepared: 11/18/2009 04:58 PM by Durenda Pena
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60
AN ORDINANCE AMENDING CHAPTER 25 ENTITLED “PARKS AND RECREATION” OF THE

CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY
PROVIDING DUTIES AND RESPONSIBILITIES OF THE PARKS AND RECREATION BOARD;
BY ADDING ARTICLE V. TREE BOARD AND PROVIDING FOR THE ESTABLISHMENT,
COMPOSITION, APPOINTMENT OF OFFICERS, TERMS OF OFFICE, MEETINGS, AND
DUTIES AND RESPONSIBILITIES OF SAID BOARD; BY ADDING ARTICLE VI. TREE CARE
AND PROVIDING FOR THE CARE OF PUBLIC TREES; AND PROVIDING FOR
SEVERABILITY.
SECTION 1. That Section 25-5 of Chapter 25 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is amended to read as follows:
Sec. 25-5. Duties and responsibilities.
The duties and responsibilities of the parks and recreation board shall be to:
(1) Act in an advisory capacity to the city council and the parks and recreation director in all
matters pertaining to parks and recreation and cooperate with other governmental agencies,
civic groups and all citizens of the city in the advancement of sound parks and recreation
planning and programming.
(2) Recommend policies on recreation services for approval by the city council.
(3) Advise the parks and recreation director on problems of development of recreation areas,
facilities, programs, and improved recreation services.
(4) Recommend the adoption of standards for recreational areas, facilities, programs and their
financial support.
(5) Have periodic inventories made of existing services and survey of services needed and
interpret the needs of the public to the city council and to the parks and recreation director.
(6) Aid in coordinating the recreation services with the programs of other governmental agencies
and interested groups.
(7) Review the effectiveness of the parks and recreation program with the parks and recreation
director and the city manager.
(8) Interpret the policies and functions of the parks and recreation department to the public.
(9) Have the opportunity to review the annual budget of the parks and recreation department
proposed by the parks and recreation director before submission to the city manager and
advise the parks and recreation director on the development of long-range capital
improvement program.
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60
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(10) Serve as host for the Irving Tree Board. The tree board will consist of 9 members, with a
minimum of 3 members from the Parks and Recreation Advisory Board.
SECTION 2. That Chapter 25 of The Code of Civil and Criminal Ordinances of the City of
Irving, Texas, is amended by adding “Article V. Tree Board” to read as follows:
ARTICLE V. TREE BOARD
Sec. 25-10. Established.
There is hereby established the tree board for the city.
Sec. 25-11. Composition, appointment, officers, terms of office, meetings.
(a) Board membership. The tree board shall consist of 9 members, with a minimum of 3 members
from the parks and recreation advisory board, 2 members from the Irving Green Advisory Committee,
and 2 members from the Keep Irving Beautiful Committee. These members shall be appointed by the
chair of their respective board or committee. The remaining 2 members shall be selected from other
community organizations or interested volunteers which shall be appointed by the standing tree board.
(b) Officers. The board shall annually select one of the members to serve as chair and may
appoint a second member to serve as vice-chair, and may appoint a third member to serve as secretary.
(c) Term of office. The board shall elect its own officers and each officer shall serve for a term of
2 years or until a successor is appointed.
(d) Meetings. The board shall meet a minimum of 4 times each year. All stated meetings shall be
open to the public. The board chair may schedule additional meetings as needed.
Sec. 25-12. Duties and responsibilities.
The duties and responsibilities of the tree board shall be to:
(1) To promote the protection of healthy trees and provide guidelines for the replacement and/or
replanting of trees necessarily removed during construction, development, and redevelopment
of parks, public property or rights-of-way.
(2) To promote the protection and preservation of native or established trees within the City,
which provide for purification of air and water, provide for shade, windbreaks and the cooling
of air, provide for open space and more efficient drainage of land, thus reducing the effects on
soil erosion.
(3) To study, investigate, counsel and develop and/or update periodically a written plan for the
care, preservation, pruning, planting, replanting, removal or disposal of public trees and
shrubs on city property.
-3-
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60
(4) To review and recommend specific beautification projects and public awareness programs to
the parks and recreation department director or his designee.
(5) To assist in coordinating and promoting Arbor Day activities.
(6) To assist in developing the annual application to renew the tree city USA designation.
SECTION 3. That Chapter 25 of The Code of Civil and Criminal Ordinances of the City of
Irving, Texas, is amended by adding “Article VI. Tree Care” to read as follows:
ARTICLE VI. TREE CARE
Sec. 25-13. Care of public trees.
(a) The parks and recreation director and/or his designee may plant, prune, maintain and remove
trees, plants and shrubs within the public right-of-way of all streets, parks, and public grounds as
deemed necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such
public grounds. This shall include the removal of trees that may threaten any municipal water or sewer
line, or any tree that is infected by fungus, insect, or other pest disease. All tree work to be supervised
by a certified arborist.
(b) Every owner of any tree or shrub overhanging any street or right-of-way within the City shall
prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the
view of any street intersection; will not obstruct the passage of pedestrians on sidewalks; will not
obstruct the passage of vehicles on the street; will not obstruct vision of traffic signs, will not obstruct
vision of vehicular traffic, and will not obstruct the view of any street or alley intersection. If the
property owner fails to do so, the parks and recreation director and/or his designee shall have the right
to remove or prune any tree or shrub on private property which threatens the safety of those who may
use a city street or city park. A fee shall be assessed for this service on an hourly basis. Fees will be
based on the current hourly wages of city maintenance workers.
(c) No person shall remove, destroy, or cause the removal or destruction of a tree on city property
or in any city park without first having obtained written permission for such removal or destruction
from the parks and recreation director.
(d) It shall be unlawful for any person, firm or corporation to attach any cable, wire, rope sign or
any object to any city tree, plant or shrub without written permission from the parks and recreation
director.
(e) To assist in coordinating and promoting Arbor Day activities.
and that if the validity of any section, subsection, sentence, clause or phrase of this ordinance should be
clause or phrase of this ordinance.
-4-
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60
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
J:\Agenda\Ordinances\Parks\Amending Ch 25 - P&R Board, Tree Board, Tree Care 12-3-09 FINAL.Docx
-5-
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3112

Recommending Department: City Secretary’s Office LSR No:
Ordinance -- Amending Subsections (B) and (C) of Section 61-3 and

Section 61-8 of Chapter 61 Entitled "Irving Advisory Committee on
Disabilities" of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, by Increasing the Voting Members from Nine (9) to Eleven
(11) and Providing for Voting; and Providing a Severability Clause
2. Impact: The Advisory Committee on Disabilities purpose is to serve as a voice of
the citizens on matters pertaining to disability issues within the City.
3. Currently there are nine members on the board; the recommendation is to increase
the number of members to eleven.
Recommendation
.
This change was requested by Councilwoman Cannaday.

NONE
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61
AN ORDINANCE AMENDING SUBSECTIONS (b) AND (c) OF SECTION 61-3 AND SECTION
61-8 OF CHAPTER 61 ENTITLED "IRVING ADVISORY COMMITTEE ON DISABILITIES" OF
THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY
INCREASING THE VOTING MEMBERS FROM NINE (9) TO ELEVEN (11) AND PROVIDING
FOR VOTING; AND PROVIDING A SEVERABILITY CLAUSE.
SECTION 1. That subsection (b) of Section 61-3 of Chapter 61 of The Code of Civil and
Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows:
(b) Number. The city council shall appoint eleven (11) voting members.
SECTION 2. That subsection (c) of Section 61-3 of Chapter 61 of The Code of Civil and
Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows:
(c) Terms of office. The places on the committee are designated places 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
and 11, respectively. The term for all appointees is two years. Terms of places 1, 3, 5, 7, 9, and 11
expire in odd numbered years. Terms of places 2, 4, 6, 8, and 10 expire in even numbered years.
SECTION 3. That Section 61-8 of Chapter 61 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
Sec. 61-8. Quorum; voting.
The Irving Advisory Committee on Disabilities shall make recommendation to the city council only
on the concurring vote of six (6) or more members of the committee. Six (6) or more members of the
committee constitute a quorum for the transaction of all matters and business.
SECTION 4. That terms and provisions of this ordinance shall be deemed to be severable and
that if the validity if any section, subsection, sentence, clause or phrase of this ordinance should be
clause or phrase of this ordinance.
-1-
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61
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
December 3, 2009.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-2-
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a
Packet Pg. 964

Attachment: ZoningCases&CompanionItems (3098 : ZCase&CompItems)
62
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3127

Recommending Department: Planning & Inspections LSR No:
Resolution -- Approving Special Sign Permit No. S0911-0043 to Replace

Existing Incandescent Message Center with a 15’ X 5’ Electronic Message
Center Located at 2950 West Airport Freeway - Victoria Gasprian, Applicant
Representing Trinity Broadcasting Network
1. This item supports Strategic Goal No. 1: Land Use
2. Impact: This special sign permit will enhance the signage on State Highway 183
and improve the aesthetics of the City of Irving.
3. The applicant requests approval to replace an incandescent message center on a
25-foot tall pole sign with a color digital sign. Such a sign is prohibited by Section 7-
4 (21) of the City of Irving Land Development Code.
4. Section 7-3.1 of the Land Development Code authorizes the City Council to grant a
special sign permit for digital signs.
5. Staff can support the request provided that the “logo sign” under the message
center be removed, and landscaping be added around the base of the sign.
Recommendation
The resolution be approved, subject to the logo sign under the message center being
removed and shrubbery being added around the base of the sign.
ATTACHMENTS:
A: RES "Exhibit A" (Legal Description) (PDF)
D: Location Map (PDF)
C: Existing Sign (PDF)
B: RES "Exhibit A" Proposed Sign (PDF)
E: Aerial Photos (PDF)
F: Special Sign Permit Application (PDF)

None
Prepared: 11/18/2009 03:20 PM by Sharon Brown
Packet Pg. 965

62
CITY OF IRVING
WHEREAS, the owner of the premises located at 2950 West Airport Freeway has applied for a
special sign permit for an on-premises sign with digital images in accordance with Section 7-3.1 of
Chapter 7 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Victoria Gasprian, Applicant for Trinity Broadcasting Network, Owner, to replace an
incandescent message center on a 25-foot tall pole sign with a color digital sign as
shown on Exhibit A, attached hereto, with the following stipulations:
1. The logo sign under the message center be removed; and
2. Shrubbery be added around the base of the sign.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of The Code of Civil and Criminal Ordinances of the City of Irving, Texas.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of this resolution.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it
is accordingly so ordered.
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62
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 967

62.a
Page 1 of 1
"EXHIBIT A"
StItt ltd TAX: OWNERSlIW F~a'urt
DeAD lD J20508000A02ROOOO
ACCOUNT CATEGORY 1LAND ACCOUNT
RECORD TYPE :c
OWNER NAME IHINlTY BROADCASTING OF
OWNER ADDRESS L1l'"E l H::XAS lNC
OWNER ADDRESS Ui\'E 2 2823 W IRVING BLYO
OWNER ADDRESS LINE 3 IRVING TX

OWNER ADDRESS LINE 4
Attachment: A: RES "Exhibit A" (Legal Description) (3127 : 11 APR Sign Permit: 2950 W. Airport Freeway)
OWNER ZIPCODE 175061423f>
LEGAL LINE I
LEGAL LINE 2 BLK A LOT 2R ACS 6.7717
LEGAL LINE: 3
LEGALUNE4 VOL90 152/0863 EX080 190 CO-DALLAS
LEGAL LINES 0508000A02ROO 1320508000A
STREET NUMBER '950
STREET DIRECTION W
STREET NAME IAIRPORT
STREET SUFFIX II'WY
TOTAL LAND VALUE b949750
SPECIAL ASSESSMENT VALUE o
TOTAL IMPROVEMENTVALUE 8180220
TOTAL MARKET VALUE 11129970
CITY TAXABLE VALUE
SPTB CLASS CODE 11'10
Packet Pg. 968

http://srvch-gisapp 1Ifreeance/C 11ent/Pu bIicAccess1lorintFrame.html 11118/2009
62.b
f-_----------~-----------~--------STATEHWY 1~--------------~-----~-~--i
1-----------STA1EHWY183---------~---------------------------------------1
Attachment: D: Location Map (3127 : 11 APR Sign Permit: 2950 W. Airport Freeway)
YALESi
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Surrounding Zoning Map

Zoning Case City of Irving
No. lG09-2950 W Airport Fwy
Dale Nov. 18, 2009
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62.c
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Attachment: C: Existing Sign (3127 : 11 APR Sign Permit: 2950 W. Airport Freeway)
62.d
-15"
Attachment: B: RES "Exhibit A" Proposed Sign (3127 : 11 APR Sign Permit: 2950 W. Airport Freeway)
LEEI t-1ESSA(iE
1::Et·JTEF;
-25"
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,
TRINIlY BROADCAST1NG NET'v'/ORK • 2823 W IRVING BLVD· IRVING" TX 75061 . EAST Date: 09-10-09
• REFIT EXISTING SIGN STRUC1URE Wllti EMS Drawn: DB
Scale: 1:96
Packet Pg. 971

City of Irving
62.e
Packet Pg. 972
Attachment: E: Aerial Photos (3127 : 11 APR Sign Permit: 2950 W. Airport Freeway)
L
1" - 200'
62.e
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SH 183 - Right
62.e
Wednesday 18111, 01 November 2009 10:46:07 AM,
~N
Dlbicl.airne:J 'rnitation
A:~e~;d ~~~t<;~INh~~~I~d~~r~~~;lgfc~r'~~~~~ ~~~~~~:~~;~~d
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warran(ies or merchantability an:J fitne'S$ fol' a particvla! plIrp<)se.

City of Irving
ThO user aSSumes. 1he cnLif8 JtSk as 10 Sh& quality and
performaoce ot the dala
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62.f
, 0'1 (I - 00 L( 3
."
APPLlCAnON FOR A SIGN VARIANCE OR SPECIAL SIGN PERMIT
Attachment: F: Special Sign Permit Application (3127 : 11 APR Sign Permit: 2950 W. Airport Freeway)
PLANNING & INSPECTIONS DEPARTMENT
DATE~-()9
NAME OF BUSINESS u\ '>n ).~ l2u\CO~J!'-:'(+L.!;'~>;'-""mTI"q+-.t~+'"-·-,'tJ..l.1'-',,",,=..ll7:L_
ADDRESS OF PROPOSED SIGN 2 '1S11 w~ ft.'" fIJI rr F"", y

LEGAL DESCRIPTION ------cc---------
vv'ERlAY DISTRICT _
OWNER OF BUSINESS ~ch .LtiLDc.l.D a.;..... PHONE
OWNER'S ADDRESS ;;; 8 :2 3 Lu. c.2n Im~
PROPERTY OWNER S'Oty)') Q __ PHONE
PROPERTY OWNER'S ADDRESS _
BR[EFL~ DESCRIBE REASON fOR REQUESTING A VARIANCEiSPECIAL SiGN rERM[T\7~ Q_
~--Y:l.q lm0.Q:nd..wmJ ffi&!)OO'a Q 0un.U..LDrc'tA

CSJ)'"1 Ls-" Y 5 ' --O..!2Q,cbJ= 10. D1 Q1l~ (l.Q/ntv.
TYPE OF SIGN (pole, MOllulllcnl, Wall, Mum!. DIgital, BiHlloard, etc l ?,WZl&~" _
WALL HEIGHT (Wall Sign Only) n, WALL LENGTII (Wall Sir;n Only)
.~c(
_
, u.
REQUESTED SETBACK (Biliboilid/Pole!Monumc\11 Sign) _ OVERALL HT. OF SIGN ~q[a~,,"- _ _
OVERALL SIZE OF PROPOSED SIGN'__']--b._5~_ sq_ ft, IS51GN ALREADY INSTALLED? _ no _

·VARIANCE APPLICATION WILL NOT Bt: ACCEPTED IF SIGN HAS ALREADY BEI!.N INSTALLED·
·$1000.00 nonrefundable filing fee for off site digital billboards and $750.00 for all other signs·
By signing this document you are aclr.nowledging tho/ all code reqUirements will be mel.
APPUCANT'SSIGNATU~i\W ~D~Q{Y\ PHONE-.9.J.:f..-~j5:({~DG8& "/...;;)..trL
EMAIL ADDRESS. 10"f\{\ \ Il:.Ql("..oS....osl~®AX NUMBER_C) J:J :5:54 LJ.:l!.J:, l..f
Applica/ion shall be submiUed along with 3 5e{S ofproposed sign graphics (before and after),
sign detail~', site plan, design elements thai will improve the appearance ur effect oflhe sign,
and, if applicable, electrical and engineered structural plans.
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
CltyojlMlittgUSl'ottfy
Caself. .FeeAmounl$
7 S0 CAt J/
TypeofPaym\..'Ilt_ _~Rcceipt# ..J 0
'7 oJ I
Applicable code secllons:
Received By _ _ _ _ _ _ _ _ _ _ _ _ _ _,Date . _
Packet Pg. 975

63
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3050

Recommending Department: Planning & Inspections LSR No: N/A
Resolution -- ZC09-0034 - Requesting a Variance to Build an Electric

Security Fence - Approximately 34.5 Acres Located at 200 North Belt Line
Road - Electric Guard Dog, Applicant - Roadway Express, Owner
2. Planning and Zoning Commission Hearing Date and Action: August 17, 2009,
Denial, 6-0 (Commissioners Dyer, Palmer, and Urias absent). The applicant has
appealed the request to the City Council.
3. The applicant requests a variance from Chapter 15 of the Code of Civil and Criminal
Ordinances which prohibits an electric fence. The applicant requests a variance to
build an electric security fence four to six inches inside the existing metal security
fence on the north side of the property.
4. The property is developed with a trucking terminal. A seven-foot tall metal security
installed.
5. The requested electric fence consists of 10-foot tall metal poles located in the
ground approximately six inches inside the existing screening fence with 20
separate strands of wire. The fence will be energized by a 12-volt car battery and
connected to solar panels. The wires are connected to the control panel, siren
alarm systems, and telephone dialer. In the event of an intruder, a siren will sound,
the system operator will automatically be dialed, and the intruder will receive “a low-
level but unpleasant shock”.
6. Staff cannot support this request for both safety and aesthetic reasons. Should the
Council wish to approve this request, stipulations should be included to ensure that
the fence is installed as safely and attractively as possible.
7. Public notices were sent to 38 property owners, with 2 comment forms received in
support and none in opposition.
Recommendation
The request be denied.
ATTACHMENTS:
Packet Pg. 976

63
A: City Council Memo (PDF)

B: August 17, 2009 Planning and Zoning Meeting Minutes (PDF)
C: June 15, 2009 Planning and Zoning Meeting Minutes (PDF)
D: Vicinity Map (PDF)
E: Surrounding Zoning Map (PDF)
F: Property Owner Notification Map and List (PDF)
G: Fence Plan (PDF)
H: Reading File Memo (PDF)
I: Information from Electric Guard Dog (PDF)
J: Memo from Assistant Fire Marshall (PDF)
K: Public Comment Form in Support (PDF)
L: Additional Public Comment Form in Support (PDF)

NONE
Prepared: 10/23/2009 10:29 AM by Sharon Brown
Last Updated: 11/20/2009 05:13 PM by Steven Reed
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63
CITY OF IRVING
COUNCIL RESOLUTION NO. RES-2009-500
WHEREAS, the City Council has reviewed an application under Section 52-55 of Zoning
Ordinance No. 1144, the comprehensive zoning ordinance of the City of Irving, Texas, and Chapter 15
of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, for a special fence project
plan in order to seek a variance to the requirements of the City of Irving’s fence ordinance; and
WHEREAS, the City Council has conducted a public hearing to take testimony on the
advisability and wisdom of granting the variance requested; and
WHEREAS, the City Council finds that granting the variance requested will not compromise
the public health, safety, welfare, and morals of the City of Irving;

IRVING, TEXAS:
SECTION I. THAT the application for a special fence project plan filed by Electric Guard Dog,
Applicant, for Roadway Express, Owner, Special Fence Project Plan No. ZC09-0034,
located on land described in Special Fence Project Plan No. ZC09-0034 (attached
hereto as Exhibit “A”), for a variance to build an electric security fence four to six
inches inside the existing metal security fence along North Belt Line Road as shown
on the attached Exhibit “A” is hereby approved.
SECTION II. THAT the effect of this special fence project plan shall be that the owner or lessee of
the property described in Section I shall be subject to all the requirements of Chapter
15 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas;
however, it shall be an affirmative defense to a prosecution under Chapter 15 of The
Code of Civil and Criminal Ordinances of the City of Irving, Texas, if the violations
alleged are specifically authorized by this resolution.
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63
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 979

63.a
City Council Agenda Item Summary
Special Fence Project Plan #ZC09-0034

200 N. Belt Line Road
Agenda Date: December 3, 2009
Case Manager: Stacy Day
Owner:
Roadway Express
Applicant:
Electric Guard Dog
Location:
200 N. Belt Line Road
Attachment: A: City Council Memo (RES-2009-500 : 11 ZC09-0034)

Size:
Approximately 34.5 acres
Existing Zoning:
S-P-2 (Generalized Site Plan) for C-W (Commercial Warehouse)
Notices mailed: 38
Responses in favor: 2 Responses opposed: a
Case Summary
The applicant requests a variance from Chapter 15 of the Code of Civil and Criminal
Ordinances which prohibits an electric fence. The applicant requests a variance to build
an electric security fence four to six inches inside the existing metal security fence.
Staff Analysis
• The property is developed with a trucking terminal. A seven-foot tall metal security
installed.
• The requested electric fence consists of 10-foot tall metal poles located in the
ground approximately six inches inside the existing screening fence with 20 separate
strands of wire. The fence will be energized by a 12-volt car battery and connected
to solar panels. The wires are connected to the control panel, siren alarm systems,
and telephone dialer. In the event of an intruder, a siren will sound, the system
operator will automatically be dialed, and the intruder will receive "a low-level but
unpleasant shock",
• On November 5, 2009, the City Council postponed this case to December 3, 2009
after a vote to approve the request failed by a vote of 4-4. At that time staff was
requested to develop a policy regarding electric fences. As reported to the City
Council in a memo in the November 13, 2009 reading file, staff does not recommend
amending the fence ordinance to allow electric fences. Staff suggests that if the City
Council wishes to approve this request or amend the fence ordinance, the following
stipulations should be required:
Department of Planning and Inspections Page 1 of 3

Packet Pg. 980
63.a
Case ZC09-0034
a. The electric fence shall not be less than 300 feet from a residence, governmental
building, public or private school, day care facility, hospital, church, or park,
measured in a straight line from property line to property line.
b. The electric fence shall not be installed within 5 feet of the paved portion of any
public street or sidewalk.
c. The property on which the electric fence is proposed to be placed shall be zoned
for light commercial or industrial uses.
d. The property on which the electric fence is proposed to be placed shall not be
adjacent to any other property zoned for any use other than light commercial or

industrial uses.
e. No part of the electric fence shall be within 100 feet of Belt Line Road, MacArthur
Boulevard, O'Connor Road, Story Road, Irving Boulevard, Nursery Road, Shady
Grove Road, Pioneer Drive, or any Federal or State highway.
f. The electric fence system shall be composed of equipment that meets IEC
standard 60335-2-76.
g. The electric fence shall be constructed to the IEC standard 60335-2-76 and
inspected by a listed testing agency to confirm that the electric system has been
correctly installed and does not present a danger to humans in any way.
h. Both a fence permit and an alarm permit shall be obtained from the City of Irving
before the system may be placed into operation. The fence shall be governed
under the burglar alarm regulations of the City. The alarm permit shall be
renewed annually, and if it is not renewed, the electric fence shall be immediately
removed.
I. A knox-lock and a cut-off switch shall be proVided at each entrance to the
property to provide emergency personnel the ability to immediately disable the
system.
j. The electric fence shall be completely surrounded by a non-electric masonry
fence or wall with a minimum height of 8 feet and a maximum height of 10 feet.
k. The electrical fence shall be no higher than 2 feet above the surrounding
masonry fence or wall.
I. The surrounding masonry fence or wall shall be separated no less than 6 inches
but no more than 12 inches from the electric fence.
m. Warning signs in English and Spanish shall be displayed every 25 feet.
n. The applicanUowner/user shall agree to indemnify and not hold the City
responsible for any injury or liability of any type to persons or property.
o. The applicanUowner/user shall carry liability insurance for injury and property
damage caused by the fence.
p. These stipulations shall be met prior to a permit being issued and the system
activated.
This request does not comply with criteria a., j., k., or I. The applicant has agreed
to comply with the other criteria.
Departmenf of Planning and Inspections Page 20f2

Packet Pg. 981
63.a
Case ZC09-0034
• This case was denied at the August 17, 2009 Planning and Zoning Commission
public hearing. The applicant is appealing that denial to the City Council.
Planning and Zoning Commission Recommendation

On August 17, 2009, the Planning and Zoning Commission denied this request by a
vote of 6-0 (Commissioners Palmer, Dyer and Urias, absent).

Recommendation
Denial
Department of Planning and Inspections Page 30f2

Packet Pg. 982
63.b
SPECIAL FENCE PROJECT PLAN #ZC09-o034, ROADWAY EXPRESS, APPLICANT, REQUESTS APPROVAL OF A
SPECIAL FENCE PROJECT PLAN TO BUILD AN ELECTRIC SECURITY FENCE SIX (6) INCHES INSIDE THE EXISTING
METAL SECURITY FENCE. THIS PROPERTY IS LOCATED AT 200 N. BELT LINE. THIS ITEM WAS POSTPONED FROM
THE JUL Y 20, 2009 MEETING.
Chairwoman Foust called on the applicant.
Michael Pate, applicant gave an overview of the proposed request adding that the security fence is a
Attachment: B: August 17, 2009 Planning and Zoning Meeting Minutes (RES-2009-500 : 11 ZC09-0034)
simply~operaledfence and the reason for this request is for security purposes.
Chairwoman Foust called for individuals wishing to speak in favor of this i!em. She then called for
individuals wishing to speak in opposition. There was no one to speak in favor or opposition to this item.
Discussion was closed to the floor and returned to the Commission for their consideration and a motion.
Commissioner Spurlock stated his opposition to this item because the applicant failed to take out a permit
for the fence when it was first installed
The applicant stated that when Ihey applied for a variance in 2003 at another location, they thought that
the permit was allowed along with the variance approved.
Steve Reed, Planning Manager stated that permits are required for any type offence installed in the City
of Irving.
Commissioner Gregory asked the applicant if they could operate the fence without tuming the alarm
system on.
The applicant answered that it has to have power.
The applicant stated that The Electric Guard Dog owns the fence, not the property owner.
Commissioner LaRose asked if they would be willing to put up a masonry fence on Belt Line.
Mr. Pate stated he will consult with Roadway Express
Chairwoman Foust asked Assistant Fire Marshal Dana Lubke to come forward.
Dana Lubke, Assistant Fire Marshal, staled her opposition from the Fire Department because firefighters
work inside of fences, and when there is an emergency, they need to have access through the fence in
order for them to use the fire hydrants. She also stated that if the fence becomes electric some accidents
could happen as to when the water gets to be sprayed: the shock could come back right at the firefighter.
She finally stated that there is a City Ordinance against the electrical fences and this one was not
permitted.
Commissioner LaRose asked Marshal Lubke if the applicant will be willing to put up a sign, would that be
approved.
Marshal Lubke answered that the existing fence has sign age, but the hydrant still is very close to it.
Secretary Zapanta moved to deny this request. Commissioner Spurlock seconded the motion.
Chairwoman Foust recognized the motion on the tloor. There was no discussion of the motion.
The motion carried unanimously.
Ayes: Eugenia Foust, AI Zapanta, Robert LaRo se, Dou glas Gregory, Michael Randall, Jack
Spurlock
Planning and Zoning Commission Minutes August 17, 2009 Page 3

Packet Pg. 983
63.b
Absent: David Palmer, Carmen Urias, Mark Dyer
Discussion time: 12 minutes
Attachment: B: August 17, 2009 Planning and Zoning Meeting Minutes (RES-2009-500 : 11 ZC09-0034)
Planning and Zoning Commission Minutes August 17, 2009 ~age 4
Packet Pg. 984

63.c
SPECIAL FENCE PROJECT PLAN #ZC09-0034, ROADWAY EXPRESS, APPLICANT, REQUESTS APPROVAL OF A
SPECIAL FENCE PROJECT PLAN TO BUILD AN ELECTRIC SECURITY FENCE SIX (6) INCHES INSIDE THE EXISTING
METAL SECURITY FENCE. THIS PROPERTY IS LOCATED AT 200 N. BELT LINE ROAD.
Secretary Zapanta read the item adding that the applicant has requested postponement of this case to
the August 17, 2009 meeting.
Chairwoman Foust called for individuals wishing to speak in favor of this item. She then called for
Attachment: C: June 15, 2009 Planning and Zoning Meeting Minutes (RES-2009-500 : 11 ZC09-0034)
Secretary Zapanta made a motion to approve the applicant's request to postpone the item to the
August 17, 2009 meeting. Commissioner Palmer seconded the motion.
Chairwoman Foust recognized the motion on the floor. There was no discussion of the motion.
Ayes: Eugenia Foust, David Palmer, AI Zapanta, Carmen Urias, Douglas Gregory, Michael
Randall, Jack Spurlock, Mark Dyer
Absent: Robert LaRose
Planning and Zoning Commission Minutes June 15, 2009 Page 3

Packet Pg. 985
63.d
Attachment: D: Vicinity Map (RES-2009-500 : 11 ZC09-0034)

Vicinity Map
Zoning Case
~
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No. ZC09-0034
1 inch = 12,584 feel
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Attachment: F: Property Owner Notification Map and List (RES-2009-500 : 11 ZC09-0034)

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No. ZC09-0034
Packet Pg. 988

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DCAD_ID Owner Name Address. Line 1

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1 651183805100300100 IRVING CITY OF RE:BRIERY ROAD FACLLITY
2 320079500A0020000 AUTOZONE INC
- - -
DEPT #8088
1
3 3200~650510020000 S8 & S8 REALTY I LLG
.
4 32441540010010000 ROAONA Y EXPRESs
5 32ROCIi<lSLANDRR1 00 DALLAS & FF WORTH CITIES
6 32118700510010000 LINK WEND6-L W
7 32160550010010000 EN TB..8"HONESOUTHWEST
8 324415400100~0100 RQA ONA Y EXPRESS
9 32449500000010000 LRVING CITY OF RE:8RIERY ROAD FACILITY
10 32565630000020000 ABRAHAM MANI & JA YA M
11 3211150QOA001000Q GBIIINI VI LLC SCORPIO 7-0
~2 32230620010010000 A & G 6RIB'lY NI PPTIE;S LP %WfTON&SICKLER PP'I'IES LL
13 322335000A0010000 WIDENER JAM ES
14 323787500A0010000 ROCK ISLAND INV LLC
1S 32~222600AQ010000 RICH KEVIN CURTIS & TAMMY ANN
16 32565630000010000 YOUNG MARCUS & ElEVERL Y
17 32450500030060000 BA RBER YONG S
18 32071320790010000 LITTLEJOHN JAN
19 32000600000010000 TACKER RALPH M & WANlilA 8'TACKER ET AL
20 32118700510020000 M~ saTLiNE INDUSTRIAL LP ETAL
21 32449500000020000 IRVING CITY OF RE:BRIERY ROAD FACILITY
22 32118600790010000 LITTLEJOHN JAN D
23 320079500A0010000 DAYSPRING FAMILY CHURCH INC
.24 320457.200A0010000 N I R.INVESTMENTS LT.D
25 32230500000060100 'A&G BRIERY S PP-Tte> LP %DUrlON&5ICKLER PPTIES LL
26 32393700020020000 TRAN ANDREW & LIEN NGUYEN
27 32565630000030000 RENFRO MaODY & PEGGY 5 RBJFRO
28 32002650510010000 58 & 58 REALTY I LLC
29 32394100010010000 PAYLES5 eus1N~5 PARK % THE LA yVSON CO STt; 100,
30 65118380510010000 IRVING CITY OF REBRJERY ROAD FACILITY
Property Owner Notiflcati,on List

Zoning Case
No. ZC09-0034 J
Dale ,,~r 27 2009
Pa e 1 of 2
Packet Pg. 989
63.f

Owner Name A.ddress Line 1
31 32565630000040000 ABRAHAM MANI & JAVA M
32 65118380510020000 IRVING CITV OF RE:8RJERY ROAD FACII.ITY
33
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32232400011.0010000 WIDENER JAMES F
34 32230620010020000 OCS$E;RT DReAMS iNC
35 32264610011.0010000 L fONARD HARRY H
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37 <Null> LAMAR-BROWN NHA %MEARI... TAVLOR
38 <Null> SHERI/VOOO FOREST NHA %FRANWlHE
Property Owner Notification List

Zoning Case
No. ZC09-0034
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APR 2 2 2009 Packet Pg. 991

Department 0'
Plannlno and '" .... _... __
63.h
I RV r I\'" Ci-
OFFICE MEMO
TO: Tommy Gonzalez, City Manager
cc: Brenda N. McDonald, Real Estate and Development Director

Gary Miller, Planning and Inspections Director
Attachment: H: Reading File Memo (RES-2009-500 : 11 ZC09-0034)

FROM: Steven A. Reed, Planning Manager
DATE: November 12, 2009
SUBJECT: Policy for Electric Fences
During the November 5,2009 City Council discussion of case ZC09-0034, a request for a
variance from the Fence Ordinance to erect an electric fence at 200 N. Belt Line, City Council
member Joe Philipp asked that staff develop a policy regarding electric fences, Following a tie
vote, the case was postponed to December 3, 2009.
The current fence ordinance prohibits electric fences. Staff does not recommend that the
ordinance be amended to allow electric fences. If the City Council wishes to amend the
ordinance to allow electric fences, staff suggests that the following restrictions be included in the
ordinance:
1) The electric fence shall not be less than 300 feet from a residence, governmental bUilding,
public or private school, day care facility, hospital. church, or park, measured in a straight
line from property line to property line.
2) The electric fence shall not be installed within 5 feet of the paved portion of any public street
or sidewalk.
3) The property on which the electric fence is proposed to be placed shall be zoned for light
commercial or industrial uses.
4) The property on which the electric fence is proposed to be placed shall not be adjacent to
any other property zoned for any use other than light commercial or industrial uses.
5) No part of the electric fence shall be within 100 feet of Belt Line Road, MaCo'\rthur Boulevard,
O'Connor Road, Story Road, Irving Boulevard, Nursery Road, Shady Grove Road, Pioneer
Drive, or any Federal or State highway.
6) The electric fence system shall be composed of equipment that meets lEG standard 60335
2-76.
7) The electric fence shall be constructed to the lEG standard 60335-2·76 and inspected to
confirm that the electric system has been correctly installed and does not present a danger
to humans in any way.
Packet Pg. 992

63.h
Electric Fence Ordinance

Page 2
8) Both a fence permit and an alarm permit shall be obtained from the City of Irving before the
system may be placed into operation. The fence shall be governed under the burglar alarm
regulations of the City. The alarm permit shall be renewed annually, and if it is not renewed,
the electric fence shall be immediately removed.
9) A knox-lock and a cut-off switch shall be provided at each entrance to the property to
provide emergency personnel the ability to immediately disable the system.
10) The electric fence shall be completely surrounded by a non-electric masonry fence or wall
with a minimum height of 8 feet and a maximum height of 10 feet.
Attachment: H: Reading File Memo (RES-2009-500 : 11 ZC09-0034)

11) The electrical fence shall be no higher than 2 feet above the surrounding masonry fence or
wall.
12) The surrounding masonry fence or wall shall be separated no less than 6 inches but no
more than 12 inches from the electric fence.
13) Warning signs in English and Spanish shall be displayed every 25 feet.
14) The applicant/owner/user shall agree to indemnify and not hold the City responsible for any
injury or liability of any type to persons or property.
15) The applicant/owner/user shall carry liability insurance for injury and property damage
caused by the fence.
Staff does not recommend amending the fence ordinance to allow electric fences. The above
list represents restrictions that should be included should the Council wish to amend the fence
ordinance. Please contact me if you need any additional information.
Packet Pg. 993

63.i
Packet Pg. 994
Attachment: I: Information from Electric Guard Dog (RES-2009-500 : 11 ZC09-0034)

'::----_----~-'"-_"--....- : - . .--:1II---'::-.I...- . . . .~ 63.i

Packet Pg. 995
63.i
Packet Pg. 996

63.i
Packet Pg. 997

63.j
Office Memo
TO: Planning and Zoning Commission
FROM: Dana Lubke, Assistant Fire Marshal
DATE: 06/05/09
SUBJECT: Electric Guard Dog
Attachment: J: Memo from Assistant Fire Marshall (RES-2009-500 : 11 ZC09-0034)

In regards to the installation of an electrilied fence, surrounding property in the
city of Irving, the fire department cannot support this for the following reasons:
I. The use of an electrically charged fence is against The Code of Civil and
Criminal Ordinances of The City oflrving.
a. Sec. 15-11. Use of barbed wire or electrically charged fences
i. It is unlawful for any person to erect, maintain, or permit a
fence that is electrically charged in any manner or form
including but not limited to those fences electrically charged by
battery and those charged through a regular electrical outlet.
Point: The fence provided by Electric Guard Dog is powered by a battery

that is charged by solar cells and provides a painful shoCk.
2. Fire fighters have to think outside the normal when it comes to access to
property. Depending on the placement of the fire and blockage of fire lanes,
fences may be cut to allow fire department access. Grass fires are an
example of this access. The Lofts fire is another example of out-ol~the-norm
access problems.
Point: We understand that a Knox Key Switch can be placed at the gate to
turn off the power to the fence, however a grass fire may happen at the rear
of the property, close to the side road and turning off this switch would
cause an unneeded delay.
3. Citizens and fire fighters having to work around the electrilied fence is a
danger. An example of this would be a car accident that leaves the road and
lands against this fence.
Packet Pg. 998

63.j
Point: The car could be electrified causing a delay in rescue efforts and
possible danger to the paramedics/firefighters working the accident. It is not
that the shock itself is life-threatening but that it could cause injury while
power tools or cutting tools are being used. It might also delay set-up of
vehicle stabilization.
4. The electrilied fence is protected from the outside by another fence but not
from the inside. This provides a safety net trom the outside but car accidents
Attachment: J: Memo from Assistant Fire Marshall (RES-2009-500 : 11 ZC09-0034)

happen inside the facility as well. where there is no buffer.
Point: Working a car fire, or accident, or even fighting a structure fire the
lirelighters have no protection from backing into this tence from the inside.
5. Any electric appliance has the potential of causing lires. This appliance
surrounds the entire property and will have tall dry grass growing up next to
it during the summer months.
Point: Safety devices built into the system may prevent, or reduce, this but it
is an example of why the ordinance was first enacted and is still a
consideration.
This fence will be trading the security of the property for the safety of the citizens
and tire department. This security can be obtained in a less hazardous manner, by
using cameras or private security personal.
It is the recommendation of the Irving Fire Department that electrified fencing not
be allowed to be constructed in this city.
Dana Lubke
Assistant Fire Marshal
"J<I~nr,OG,1111 ,'~ .•
Packet Pg. 999

63.k
PUBLIC COMMENT FORM

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

PO Box 152288
Irving, Texas 75015·2288
./ [ am FOR the requested zoning as explained on the attached public notice for Special
Attachment: K: Public Comment Form in Support (RES-2009-500 : 11 ZC09-0034)

Fence Project Plan ZC09·0034.
I am AGAINST the requested zoning as explained on the attached public notice for
Special Fence Project Plan ZC09·0034.
Date, Location & Time of:

CITY COUNCIL MEETING: Thursday, November 5. 2009. 7 p.m.
City Hall, 825 W. Irving Blvd.
Name: Mcci\-k.v [Y\={2=ld"""\l{..L.C

(please print)
_
Address: 4cq iJ, '0r\",,'] tk
Irving Tax Account Nwnber
(if shown on enclosed map): .3 .;;lI,;J.3vc.od<.JO I LC O ..l ;.CCO
Phone # (Optional): 9·];.:}- '3 \3 ,:;:l.\:',j/
Signature:
7
?4~w 3u:/..4'1
Date: /O·o.J{p -(//
Please provide comments explaining the reasons for your support or opposition:
Packet Pg. 1000

63.l
PUBLIC COMMENT FORM

(Please type or use black ink)
PO Box 152288
Attachment: L: Additional Public Comment Form in Support (RES-2009-500 : 11 ZC09-0034)

I am FOR the requested zoning as explained on the attached public notice for Special
Fence Project Plan lC09-0034.
I am AGAINST the requested zoning as explained on the attached public notice for
Special Fence Project Plan lC09-0034.

CITY COUNCIL MEETING: Thursday, November 5, 2009, 7 p.m.
Name: J""",e.5 E: WI-de h

(please rrint)
e- ....
Address: 3D"l S f<.e...p iL c: he. >~

r r'V I h y: Ie- JC "l. ~
Irving Tax Account NlUTIber
(;(shownon enclosed map): 33.3 2 43 :1 '-\ 000 ':-6" ~ D RECEIVED
Phone # (Optional): ~-1 2 :J I L ~ t.s 8 NOV 02 2009
Signature~d~e~ T: k~ r;£ "1:1.,0 R Dlpar1ll1ent of
Pllnnlng and In,ploUa••
Date: ({)-30~04
Please provide comments explaining the reasons for your support or oppositlon:
No 1< ~ r
frobd)/( ""d( 1)~r ». PL~\' 717 Cl/1~h,(
rM. he."'-'h'l'
Packet Pg. 1001
64
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3063

Ordinance -- Zoning Case #ZC09-0043 - Granting S-P-2 (Generalized Site

Plan) for C-O (Commercial Office) and Senior Living Facility Uses -
Approximately 4.807 Acres Located at 3501 North MacArthur Boulevard -
Baldwin Associates, Applicant - SCS Capital Group, LLC, Owner
2, 2009 – Postpone to December 7, 2009, 6-0 (Commissioners Foust, Gregory and
Dyer, absent).
3. The applicant is requesting to rezone the property to redevelop it with a senior living
facility.
4. The property is currently developed with six single story buildings. The applicant is
wishing to rezone the property to remove five of the buildings and a portion of one
of the buildings to construct a 2-story senior living facility.
5. The applicant is proposing to construct a senior living facility with 80 assisted living
units that will provide long term living accommodations and 24 hour assistance to
elderly residents.
6. Subsequent to this case being advertised staff became aware of several legal
issues concerning possible deed restrictions on the property that would prohibit the
have arisen regarding the ownership of the property as represented by the
applicant. Due to these issues, the Commission postponed the case to December
7, 2009.
7. Public notices were sent to thirty-eight (38) property owners, with five (5) letters in
support and three (3) letters in opposition received. The opposition represents
1.86% of the property within 200 feet.
Recommendation
ATTACHMENTS:
• A. City Council Memo (PDF)
• B: November 2, 2009 Planning and Zoning Meeting Minutes (PDF)
Packet Pg. 1002

64
• C: Vicinity Map (PDF)

• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
• F: Landscape Plan (PDF)
• G: Elevation Map 1 (PDF)
• H: Elevation Map 2 (PDF)
• I: Site Plan Map (PDF)
• J: Public Comment Forms in Support (PDF)
• K: Public Comment Forms in Opposition (PDF)
• L: Protest Analysis Map (PDF)

NONE
-2-
Packet Pg. 1003
64
ZONING CASE NO. ZC09-0043

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

ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE SIMON FISHER
SURVEY, ABSTRACT NO. 471, AND THE S. BROOKS SURVEY, ABSTRACT NO. 141, AND
LOCATED AT 3501 NORTH MacARTHUR BOULEVARD, MORE FULLY AND COMPLETELY
DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF
SAID PROPERTY FROM C-N NEIGHBORHOOD COMMERCIAL DISTRICT USE UNDER
ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR C-O AND
SENIOR LIVING FACILITY USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE
SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR SPECIAL
CONDITIONS AND REGULATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL
ZONING MAP ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE
WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE
DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES
OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A
PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
-1-
Packet Pg. 1004
64
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as C-O and senior living facility uses with a site plan attached will
further lessen the congestion in the streets; help secure safety from fire, panics, floods, and other
dangers; promote health and general welfare; provide adequate light and air; prevent the overcrowding
of land; avoid undue concentration of population; facilitate the adequate provisions of transportation,
water, sewers, schools, drainage and surface water, parks and other public requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
BEING 4.807 acres of land, located in the SIMON FISHER SURVEY, Abstract No.
471, and the S. BROOKS SURVEY, Abstract No. 141, and being a portion of BLOCK
25, NORTHGATE WEST ADDITION, to the City of Irving, Dallas County, Texas,
according to the plat recorded in Volume 50, Page 203, of the Map Records of Dallas
County, Texas, and including all of the abandoned right-of-way of Finley Road,
described in the deed recorded in Volume 75181, Page 1741 of the Deed Records of
Dallas County, Texas. Said 4.807 acres of land being more particularly described by
metes and bounds as follows:
BEGINNING at a point in the West right-of-way line of North MacArthur Boulevard,

lying SOUTH 503.19 feet, from the Northeast corner of said Block 25, being the
intersection of said West right-of-way line, with the South right-of-way line of Coker
Street;
-2-
Packet Pg. 1005
64
THENCE SOUTH 259.20 feet, along the West right-of-way line of said North
MacArthur Boulevard, to a point at the Northeast corner of Lot 2 of the REPLAT
OF PLAZA ADDITION, to the City of Irving, according to the plat recorded in
Volume 84176, Page 1709 of the Deed Records of Dallas County, Texas;
THENCE along the North boundary line of said Lot 2, and the former South right-of-
way line of said Finley Road, as follows:
1. N 89° 44’ 00” W 496.60 feet, to a point at the beginning of a curve to the
left;
2. SOUTHWESTERLY 122.87 feet, along said curve to the left, having a

radius of 461.12 feet, a central angle of 15°16’00”, and a chord bearing S 82°
38’ 00” W 122.50 feet, to a point at the end of said curve;
3. S 75° 00’ 00” W 58.39 feet to a point, in the East right-of-way line of
aforesaid Coker Street;
THENCE N 15° 00’ 00” W 354.62 feet, along the East right-of-way line of said Coker
Street, to a point;
THENCE N 75° 00’ 00”E 159.39 feet, to a point;
THENCE S 89° 59’ 11” E 36.98 feet, to a point, at the beginning of a curve to the right;
THENCE SOUTHEASTERLY 22.25 feet, along said curve to the right, having a radius
of 37.00 feet, a central angle of 34°27’23”, and a chord bearing S 72° 45’ 30” E
21.92 feet to a point, at the end of said curve;
THENCE S 55° 31’ 48” E 147.20 feet, to a point, at the beginning of a curve to the left;
THENCE SOUTHEASTERLY 22.28 feet, along said curve to the left, having a radius
of 37.00 feet, a central angle of 34°30’12”, and a chord bearing S 72° 46’ 54” E
21.95 feet, to a point at the end of said curve;
THENCE N 89° 58’ 00” E 412.09 feet, to the POINT OF BEGINNING, containing
4.807 acres (209,407 square feet) of land.
which is presently zoned C-N Neighborhood Commercial District Use under Ordinance No. 1144, is
changed to S-P-2 Site Plan District Use for C-O and senior living facility uses under Ordinance No.
1144, subject to all the requirements of Ordinance No. 1144 and subject to all the requirements and
conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
-3-
Packet Pg. 1006
64
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
-4-
Packet Pg. 1007
64
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-5-
Packet Pg. 1008
64.a
Zoning Case #ZC09-0043

3501 N. MacArthur Boulevard
Case Manager: Sheba Ward
Owner: SCS Capital Group, LLC
Applicant: Baldwin Associates
Location: 3501 N. MacArthur Boulevard
Attachment: A. City Council Memo (3063 : 11 ZC09-0043)

Size: Approximately 4.807 acres
Existing Zoning: C-N (Neighborhood Commercial) uses
Requested Zoning: S-P-2 (Generalized Site Plan) for C-O (Commercial- Office) and
Senior Living Facility uses
Notices mailed: 38
Responses in favor: 2 Responses opposed: 2 (1.86%)
Case Summary
The applicant is requesting to rezone the property to redevelop the property with a
senior living facility.
Staff Analysis
• The property is currently developed with six single story bUildings The applicant is
wishing to rezone the property to remove five of the buildings and a portion of one of
the buildings to construct a 2-story senior living facility.
• The applicant is proposing to construct a senior living facility with 80 assisted living
units that wi!! provide long term living accommodations and 24 hour assistance to
elderly residents.
• Subsequent to this case being advertised staff became aware of several legal issues
concerning possible deed restrictions on the property that would prohibit the
have arisen regarding the ownership of the property as represented by the applicant.
• Due to these issues the Planning and Zoning Commission postponed the case to
December 7, 2009. Therefore, it is necessary for the City Council to postpone this
case to January 14, 2010.
Packet Pg. 1009

64.a

On November 2, 2009, the Planning and Zoning Commission postponed this request to
December 7, 2009 by a vote of 6-0 (Commissioners Foust, Gregory and Dyer, absent).
Staff Recommendation
Postpone to January 14, 2010
Attachment: A. City Council Memo (3063 : 11 ZC09-0043)

Packet Pg. 1010
64.b
Packet Pg. 1011

Attachment: B: November 2, 2009 Planning and Zoning Meeting Minutes (3063 : 11 ZC09-0043)
64.c
Attachment: C: Vicinity Map (3063 : 11 ZC09-0043)

Vicinity Map
Zoning Case City of Irving DN
No. ZC09-0043
Dale OC( 2". 2009
__-===::::JI Feel
&.500 13.000
Packet Pg. 1012

64.d
Attachment: D: Surrounding Zoning Map (3063 : 11 ZC09-0043)

e
:2
L FINL[Y RD
"".

Zoning Case
City ,of Irving I~
N
No. ZC09-0043 __-===:::::Ji Fc~'
Dale OCI. 21. 2009 100 200
Packet Pg. 1013

64.e
Property Under
Consideration
For Rezoning
Attachment: E: Property Owner Notification Map and List (3063 : 11 ZC09-0043)

18
t;
00'
a 1.
<.:>
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I'D
200 Ft
Notification
Boundary
i_
FINLEY RD
!l ...
Ul
E
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) I'

Zoning Case City of Irving ,6 N
No. ZC09~0043
Packet Pg. 1014

64.e
##
- -
OCAO_ID Owner Name
- Address Line 1
1 32C12910020020000 PRG HEALTHSTATE IRVI.NG 'MOBLP
2 32C1291006006500Q AAD REAL ESTATE; L TO ~1't650

3 32C1291004004AOOO DlAZ THOMAS MD & lUN1T 410
.' 32346500130210000 PRICE COLONY LP STE,200 I
5 32261500010230000 PRICE COLON\' LP iSTE200
~ 1~2C1291001 001 0000 elSE MACARTHUR HOLD1M3 lu...C
r 32C12910080085000 PRG HEALTHS TATE IRVING
~MoaLP
8 32C12910080087000 PRG IHEALTHSTATE IRVING MOBLP
I-
'9132C1291003003500Q, M lAM OR PROPERTIES LP :% CORAZQN ENiJ' llLe:
I-
10 32C12910040042000 DlAZ THOMAS MEl & U~T 410
11132C12910050050000 MACARTHUR06GYNILLP
.,.
12 32C12910030030000 pRe; HEALTHSTATEJRVING MOBLP
13 32C12910030037000 PRG HEALTHSTATE IRVING - MOBL'P
14 32C1291004004000Q DlAZ THOMAS M D & urn 400
15 32277630000010000 MACA'RTHUR BUSINESS PARK % TLRTLE CREe<. MGM T CO
16 3~C12910090095000 PRG HEALTHSTATE IRVING MOB'LP-:
1~132C12910030036000 PRG MEALTHSTATEIRvING MOBl'p
18 32346500140010000 -PRICE COLONY LP SUlTEns
,
19 32C12910050051000 HEALTHSTA TE'IRV~NG M 08
2°13~C12910080080~~ PRG HfALTHSTATE IRVING MOPLP
1--'-
21 32C12910090090000 PRG HEALTHSTATE IRVING MOBLP
!-'-
22' r32C12910030039000 'PRGHEALTHSTATE IRVING MOB, P
23 "32C12910060060000 PRG HEALTHSTATEIRVING MOBLP
24 32C12910060065000 AAD REAL ESTATE LTO-'- STE6S0
25 324037000A0010000 IRVING CITY OF
I-
26 32C1,2910030033000 PRG HEALTHSTATE IRVING M08LP
27 32C1,2910030031 000 IM'IAMOR PROPERTIES LP %C~NENTERPRISE'S I!J..C
I-
28 ;i2260S00070010000 fTROur JA-MES 'K & JANET ILEE
29 32C12910030038000 IPRG HEALTHSTATE IRVING
- - MOBll..P
I-
30,32C1291004004S000 I PRG HEALTHSTATE IRVING ,MOBLP

Zoning Case
City of Irving
No, ZC09-0043
Page 1 of 2 Date 0:1, 21, 2009
Packet Pg. 1015

64.e

--
# I DCAD_lD Owner Name I Address line 1
31 32260500020260000 ARGUEr A RAM IRO
- 32 j 32C12910030036500--- PRE HEALTHSTATE IRVING MOB.Ll?
-
33 32C1~910060060000 PRG HEALTHST ATE IRV ING IMOBLP
34 32C12910040041000 DlAZ THOMAS MD & UNIT 4110
35 3227~6700A0010000 IRVING 1'50
- 36 <Null> CITY-OFIRvING %VWIAN. BALLOU
37 <Null> rlRVlNG ISO ,°/oSCOTT LAYNE
36 <Null> ARTS DISTRICT MHA OfoWA YNE FOSTER
Property Owner Nobfication list

City of Irving
Zoning Case
No. lC09-0043
Page 2 of 2 Dale Ocl 21. 2009
Packet Pg. 1016

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Attachment: F: Landscape Plan (3063 : 11 ZC09-0043)

LA~DSCAPE LEGf~D,
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RECEIVED
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~.6Q7 ~ INSTAl..L'1~
OF lll.OCX 15, EI JE WEST ADOrn
OF THE ND~ OF IRVING,
IN THE _.~ TEXAS
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Attachment: G: Elevation Map 1 (3063 : 11 ZC09-0043)

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2 MACARrnUR STREET ~EW ELEVATION
Attachment: H: Elevation Map 2 (3063 : 11 ZC09-0043)

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2 ENLARGED FRONT ELEVAnON

':;;;'..J:O' '
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OI'''E............0 liSU, N(]llltM> EXI;l.J..I'.OlJo VICINITY >'» N,T,S,

1IU1,"l'105 u;l[AT10 IN ........, , "" EXIS"TlI«;, _ I'ITl1 CONTINllf TO
\\ O"OlOT1 '" "mlfAllO'l'lCf. _ RELATED SUPl'ORT USES,

C._, __
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--
Tl<E 1'IItf'05l0 OllJI<D'OO:; TO.' lOCATED IN TIlIll:T 1 WILL" USEO.os "
~----','------------ 'it"IOR UVl'""'-"<llm'
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_ "'" 0T1<9 -..J<:oa.E ~lIl6'<o;rsIF lml"wa "1 .. WILL BI' '
CDOOl'lUO ¥I'I'T><. UClPT
"- A "Ill': ..... 0 01' 0" 15 Elfl... REQUI5TEl IN llElJ 01' THE s r _
HI" SlCl': Y>HJ '"""" ·~ERTtJj W'Y", A ,"",-RJEI.l[ ltO.W,
All SUR'J(JI ....TUl!>l. TO M'''' THE MINIMUM Sf_[;\'; Of THE aTY

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AllnNC8, SlQO<\ UGKT1NG, lUMlNAIlIE5 .....0 ffm<l0ll AlIlt'lOR~
Attachment: I: Site Plan Map (3063 : 11 ZC09-0043)

I'ITl1crlO'l'lY ¥I'I'T>< THE aTY Of 1IIVll«l OIllJjNNo:;E!;,
S>'EM.!'R:';
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NOTES:
L THE PROFOSEO Clfl/fWPMEHT lH WT I WIlL f'R()OI][)E A MINI>OIJ~ Of 100
PAP.I:lI«>Sl'ACES.
1. ALl CO... EIlCW. WOIPSIlllS !iIIllI. Elf CI:IftSTIllJI:To, IU(H), 5CllffHEO
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RECEIVED "~BANNISTER
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Depallment 01
Planning and Inspections Packet Pg. 1020
64.j
PUBLIC COMMENT FORM

PO Box 152288
Irvin51' Texas 75015-2288
I I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#lC09-0043.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#lC09-0043.
Attachment: J: Public Comment Forms in Support (3063 : 11 ZC09-0043)

PLANNING & ZONING
COMMISSION MEETING: November 2, 2009, 7 p.m.
City Hall, 825 W. Irving Blvd., Irvin9, Texas
CITY COUNCIL MEETING: December 3, 2009, 7 p.m.

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

(if shown on enclosed map): :7"-'~=~...L,-,-,:u..-"-,=-+ .....,,,O=G::.· _
Signature:
Date:
Phone (optional):
------------Recevta--
- - - - - - - - - - - - - - - - - - - ' O ! W C r......2:-.l19'-i!2009009----
Plann&~:~~~enr ot
iiSUecflons
sw
Packet Pg. 1021

64.j
PUBLIC COMMENT FORM

PO Box 152288
/' I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZCOS-0043.
#ZCOS-0043.

PLANNING & ZONING
COMMISSION MEETING November 2, 2009, 7 p.m.
CITY COUNCil MEETING: December 3, 200S, 7 p.m.

Name:
Address:

(if shown on enclosed map): ....,;=""'c'-::7LLJ""""'-''''77-'':?:f'T---------
Signalure"-----===;itL:::....,,~'ji4WLk~-+- - - -__
L---.
Date: 'D-2.7
Phone (oplional):
RECEfilEuD _
OCT 292009
sw
Packet Pg. 1022

64.j
PUBLIC COMMENT FORM


PO Box 152288
Irving))"as 75015-2288
V I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-D043.
#ZC09-0043.

PLANNING & ZONING
City Hall, 825 W. Irving BlVd., Irving, Texas
Name:; hD mOA
(R,'8a_88 prinlJ
Address: 'jJ U . )-') 01
Pie••• provide comments explaining the reasons for your support or opposiUon:
sw
Packet Pg. 1023

64.j
PUBLIC COMMENT FORM


PO Box 152288
Irving, ~ 75015-2288
~ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0043.
#ZC09·0043.

Date, Location & Time 01:
PLANNING & ZONING

City Hall, 825 W. Irving Blvd., Irving, Texa.
CITY COUN£lL MEETING: December 3, 2009, 7 p.m.

Date:
Phone (optional):
31 h 5) lo\ '3'30\
Please provide comment!ll explaining the reasons for your support or opposition:
RECEIVED
NUV 112 2009

;..:t!partmen1
~"<\I"IJ ~"d
0'
In$118'lIonl
sw
Packet Pg. 1024
64.j
PUBLIC COMMENT FORM


PO Box \52288
Irving~as 750\ 5-2288
~ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0043.
#ZC09-0043.

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

City Hall, 825 W. Irving BlVd., Irving, Texas
Name: \nUYiQ0 T---,-,l:",-\""")(,",-)f1,--,-",,~,,,-- _

e plin!!,
~
/e
Address: '. IL( u., -3 \Q ,3

VS}Q(LIX ~-=1olQ3
Tax Account (OCAD) Number" ~C1 O-:2-.D'" ill CD 3'501 "J lY'I~
J~\ \Q ~= ~~~~~lll~
(ilshownonenclosedmap):
S.gnature: __ .~~". #~
d

Date:
Phone (optional):
&1D~f
r; 'b 19 S DI 2DO~ it (
Ple.s. provide comments explaining the re.80ns for your support or opposition:
RECEIVED
NOV 02 2009
p Department 0'
lannlnQ and Inspections
sw
Packet Pg. 1025

64.k
PUBLIC COMMENT FORM


PO Box 152288
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZG09-0043.
amShe
Attachment: K: Public Comment Forms in Opposition (3063 : 11 ZC09-0043)

I requested zoning as explained on the attached public notice for Zoning Case
#ZCO - .
Dale, Location & Time of"
PLANNING & ZONING

COMMISSION MEETING: November 2, 2009, 7 P m.
City Hall, 825 W Irving Blvd., Irving, Texas
CITY COUNCIL MEETING: December 3,2009,7 p.m.

Name: MacArthur OBGYN, L,L.P,
Address' 3501 N. MacArthur Blvd , SUite 510

Irving Texas 75062
Tax Account (DeAD) Number

(if shown on enclosed map)' 32C 1291 0050050000
Signa lure, ./7d14~

Date: /()-,.-,_O'f
Phone (optional) (512) 347-1604
The entire office condominium property thai is Ihe subject of the zoninq request is burdened by a
restrictive covenant contained in the condominium documents that strictly prohibits any residential use or
purpose. Attached IS a copy of a pending lawsuit filed by some of the property owners 10 obtain an
injunction prohibiting any residential use, 11 would be improper to grant a request to rezone the property
to allow a senior living facility until the courts have had an opportunity to determine whether such use is
permissible.
Packet Pg. 1026

64.k
PUBLIC COMMENT FORM


PO Box 152288
_ _ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZG09-0043.
~ I a~~~e requested zoning as explained on the attached public notice for Zoning Case

#ZC - ,
PLANNING & ZONING

COMMISSION MEETING: November 2, 2009. 7 p.m.
CITY COUNCiL MEETING: December 3, 2009. 7 p.m.

City Hall, 825 W. Irving Blvd, Irving, Texas
Name: AAD Real Estate, Ltd.
Address 3501 N, MacArthur Blvd. Suite 650

Irving, Texas 75062
Tax Accoun[ (DeAD) Number

(if shown on enclosed map): 32C12910060065000
Signature: ,/Z..214~
Date: la- ').,7-02
Phone (optional): (512) 347-1604
The entire office condominium property that is the subject of the zonlnq request is burdened by a
restrictive covenant contained in the condominium documents that strictly prohibits any residential use or
purpose. Attached is a copy of a pending lawsuit filed by some of the property owners to obtain an
injunction prohibiting any residential use, It would be improper to grant a reguest to rezone the properly
to allow a senior living facility until the courts have h<:ld an opportunity to determine whether such use is
permissible.
Packet Pg. 1027

64.k
PUBLIC COMMENT FORM

PO Box 152288
1 am FOR the requested zoning as explained on the attached pUblic notice for Zoning Case
- / #ZC09-0043.
L I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0043.

PLANNING & ZONING
COMMISSION MEETING November 2.2009, 7 p.m.
CITY COUNCIL MEETING: December 3, 2009, 7 p.m

City Hall, 825 W. Irving Blvd, Irving, Texas
Department of .
Phone (optional): and
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _P"'IOlanWnwi"ll-"U InspectIOns
sw
Packet Pg. 1028

64.l
Attachment: L: Protest Analysis Map (3063 : 11 ZC09-0043)

f
U
0::
o·
~
~
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Property Under
Consideration
For Rezoning
200 Ft
Notif.ication
Boundary
FINLEY RD
I -
25
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, Protest Analysis Map

TolallArea within 200'
(Excluoing Subject Parcel) = 12.4819 AC
TolalArea Protesting = O.2319AC
6 N
No. ZC09-0043
Data. NOli, ie ~9
IPercentage of Area Proteshng = 1,86% I FMt
100 200
Packet Pg. 1029

65
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3064

Ordinance -- Zoning Case #ZC09-0053 - Granting C-N (Neighborhood

Commercial) Uses - Approximately 1.15 Acres Located at 313 South Belt
Line Road (Northwest Corner of Belt Line Road and Thousand Oaks
Boulevard) - Z & R Food Corporation LLC, Owner/Applicant
2, 2009, Favorable, 6-0 (Commissioners Dyer, Foust and Gregory, absent)
3. The applicant is requesting rezoning to allow restaurant uses.
5. The property is undeveloped. The applicant is requesting retail zoning to allow a
new restaurant use.
6. Development must comply with the Commercial Design Standards, the Landscape
8. Public notices are sent to forty (40) property owners, with no letters in support and
one (1) in opposition. The opposition represents 0.09% of the property within 200
feet.
Recommendation
Commission.
ATTACHMENTS:
• A: City Council Memo (PDF)
• F: Public Comment Form in Opposition (PDF)
• H: Protest Analysis Map (PDF)
Packet Pg. 1030

65

NONE
-2-
Packet Pg. 1031
65

ZONING CLASSIFICATION – C-N

TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE JOHN C. READ
SURVEY, ABSTRACT NO. 1183, AND LOCATED AT 313 SOUTH BELT LINE ROAD
(NORTHWEST CORNER OF BELT LINE ROAD AND THOUSAND OAKS BOULEVARD),
MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM C-OU-3 COMMERCIAL
OUTDOOR DISTRICT USE UNDER ORDINANCE NO. 1144, AS AMENDED TO C-N
NEIGHBORHOOD COMMERCIAL DISTRICT USE UNDER ORDINANCE NO. 1144;
CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING
CHANGE AND AMENDMENT HEREIN MADE; PROVIDING THAT THIS ORDINANCE DOES
NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES OF
DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A
PENALTY.
-1-
Packet Pg. 1032
65
session of the City Council of the City of Irving, Texas, did consider the following factors in making a
determination as to whether this requested change should be granted or denied; effect on the congestion
of the streets; the fire hazards, panics, floods, and other dangers possibly present in the securing of
safety from same; the effect on the promotion of health and the general welfare; effect on adequate light
and air; the effect on the overcrowding of the land; the effect on the concentration on population; the
effect on the transportation, water, sewers, schools, drainage and surface water, parks and other public
facilities; and
and
and
WHEREAS, the City Council of the City of Irving, Texas, has determined that there is a
necessity and need for this change in zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close proximity to the property requested
for a change since this property was originally classified and therefore feels that a change in zoning
classification for the particular piece of property is needed, is called for, and is in the best interest of the
public at large, the citizens of the City of Irving, and helps promote the general health, safety and
welfare of this community;

IRVING, TEXAS:
A 1.15 acre tract of land situated in the John C. Read Survey, Abstract No. 1183, in the
City of Irving and the City of Grand Prairie, Dallas County, Texas, and being all that
certain tract of land to Z & R Food Corporation, LLC, by General Warranty Deed
recorded in Document No. 20080316388, of the Deed Records of Dallas County, Texas,
and being more particularly described by metes and bounds as follows:
-2-
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65
BEGINNING at an “X” cut set for the southeast corner of said Z & R Food tract, same
being the intersection of the west right–of–way line of South Belt Line Road (a 130’
right–of–way at this point) with the north right–of–way line of Thousand Oaks (a 40’
private street);
THENCE South 88 deg. 07 min. 50 sec. West, along the common line of said Z & R
Food tract, and the north right–of–way line of Thousand Oaks, a distance of 178.88 feet
to an “X” cut set for corner, said point being the southwest corner of said Z & R Food
tract, same being a southeast corner of Thousand Oaks Mobile Home Park (218 various
deeds with undivided interest);
THENCE North 01 deg. 21 min. 40 sec. West, along the common line of said Z & R
Food tract, and said Thousand Oaks Mobile Home Park, a distance of 87.65 feet to an
“X” cut found for an angle point;
THENCE North 32 deg. 58 min. 50 sec. West (line of directional control), continuing
along the common line of said Z & R Food tract, and said Thousand Oaks Mobile Home
Park, a distance of 179.60 feet to an “X” cut found for corner, said point being the
northwest corner of said Z & R Food tract, same being a northeast corner of said
Thousand Oaks Mobile Home Park, same being in the south line of Lot 3, Block A, of
Oakview South Addition, an addition to the City of Irving, and the City of Grand Prairie,
Dallas County, Texas, according to the plat thereof recorded in Volume 2002011, Page
9, of the Map Records of Dallas County, Texas;
THENCE North 89 deg. 54 min. 00 sec. East, along the common line of said Z & R
Food tract, and said Lot 3, passing the southeast corner of said Lot 3, same being the
southwest corner of Lot 2, Block A, of said Oakview South Addition, and continuing
along the common line of said Z & R Food tract, and said Lot 2, passing a 5/8 inch iron
rod with “JDJR” cap found for the southeast corner of said Lot 2, and continuing a total
distance of 278.28 feet to a 1/2 inch iron rod set for corner, said point being the northeast
corner of said Z & R Food tract, same being in the west right–of–way line of aforesaid
South Belt Line Road;
THENCE South 00 deg. 06 min. 00 sec. East, along the common line of said Z & R
Food tract, and the west right–of–way line of said South Belt Line Road, a distance of
217.55 feet to a 1/2 inch iron rod set for corner, said point being the beginning of a curve
to the right having a radius of 3413.31 feet, and a delta angle of 00 deg. 15 min. 30 sec.;
THENCE continuing along the common line of said Z & R Food tract, and the west
right–of–way line of said South Belt Line Road, and along said curve to the right, an arc
distance of 15.38 feet, and a chord bearing and distance of South 00 deg. 05 min. 54 sec.
West, 15.38 feet to the POINT OF BEGINNING and containing 49,882 square feet or
1.15 acres of computed land, more or less.
-3-
Packet Pg. 1034
65
which is presently zoned C-OU-3 Commercial Outdoor District Use under Ordinance No. 1144, is
changed to C-N Neighborhood Commercial District Use under Ordinance No. 1144 of the City of
Irving.
-4-
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65
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-5-
Packet Pg. 1036
65.a
ZONING CASE #ZC09-0053
313 S. Belt line Road

Case Manager: Stacy Day
Owner/Applicant: Z&R Food Corp. LLC
Location: 313 S Belt Line Road (northwest corner of Belt Line and Thousand
Oaks Blvd.)
Size: 1.15 acres
Existing Zoning: C-OU-3 (Commercial Outdoor)
Attachment: A: City Council Memo (3064 : 11 ZC09-0053)

Requested Zoning: C-N (Neighborhood Commercial)
Notices mailed: 40
Responses in favor: 0 Responses opposed: 1 (0.09%)
Case Summary
The applicant is requesting rezoning to allow restaurant uses.
Staff Analysis
• The Comprehensive Plan's Future Land Use Map recommends Retail uses for this
• The property is undeveloped. The applicant is requesting retail zoning to allow a new
restaurant use.
• Development must comply with the Commercial Design Standards, the Landscape
• The property must be platted prior to development:
Deparlment of Planning and Inspections Page lof2

Packet Pg. 1037
65.a
Zoning Case ZC09-0053. cont.

On November 2, 2009, the Planning and Zoning Commission recommended approval of
this case by a vote of 6-0 (Commissioner Dyer, Foust, Gregory, absent).
Approval.
Deparlment of Planning and Inspections Page 20f2

Packet Pg. 1038
65.b
Packet Pg. 1039

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Vicinity Map
Zoning Case
City of Irving
No. ZC09-0053
Dale Sep, 28, 2009
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OAKVIEWDR

Property Under
ConsideratIon
For Rezoning
200 Ft
Notification
Boundary

Zoning Case
City of Irving ,~N
No. ZC09-0053 _ _-===:::::::::ll Fool
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# r IDCAD.JD
1 320246500A01ROOOO
II Owner Name
M RI BB..TLINE INDUSTRIAL LP
1
'SUITE
Address Line 1
2 65118382510040000 MAL.EKY MBiOY

-
1-
3 321703000A0010000 CeITRAL 15TH LLC
4 32399800510010000 ·KL LAND HOLDINGS LLC
5 65118382510040100 Z & R FOOD CORP LLC
-
6 321565500A0010000 SCHWIMMER LIVING TRUST %DANla SCHllVIM M ER TRUSTEE
7 321703000A0020000 FGDINV INC %FLOYO DAVIS
8 32024650~A02ROOOO M RI Be. TLINE INDUSTRIAL LP sumE 712
9 <Null> LAM A R·BROWN MHA. %M'EARL TAVIlOR

Zoning Case
No. ZC09~OO53 Dale Sep. 2.8 ,0IT,
Fc>aae 1 of 1
Packet Pg. 1043
65.f
PUBLIC COMMENT FORM

PO Box 152288
, am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0053.
L I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0053.
Attachment: F: Public Comment Form in Opposition (3064 : 11 ZC09-0053)

Date, location & Time of:
PLANNING & ZONING

COMMISSION MEETING: Monday, November 2, 2009, 7 p.m.
CITY COUNCIL MEETING: Thursday, December 3, 2009, 7 p.m.

Name m~ k-€-, g t<-lA.(.e..

(please print)
Address GI) 14 /Ai lJ.- ""'- V\.
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(if shown on enclosed map): -'Z"=-'Cc:c'-O'-"'Ll--"O"O""'S-=3==- _
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Date: ID - 2 '1- 01
Phone number (optional)
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Attachment: H: Protest Analysis Map (3064 : 11 ZC09-0053)

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Total Area within 200'

Protest Analysis Map
Zoning Case
City of Irving
(Excluding Subject Parcel) = 7.2715 AC
Total Area Protesting = 0.007 AC

6N
No. ZC09-0053 _ _-=:=:::::lJ F~1I1
Percen t age 0 f Area Protesting = 0.09% 0 100 200
Packet Pg. 1045

66
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3066


Plan) for C-N (Neighborhood Commercial) Uses - Approximately 3.34 Acres
Located on the Southeast Corner of Belt Line Road and Willow Creek Drive
- Quik Trip Corporation, Applicant - United Flotation Inc., Owner

16, 2009, Favorable 8-0 (Commissioner Fischer, absent) with the stipulation that
proposed Lot 1 be approved for C-N uses and a car wash, subject to the car wash
receiving site plan approval by the Commission and City Council prior to
development.
3. The applicant is requesting rezoning to allow a gasoline service station with

7. Development must comply with the Convenience Store Design Standards

Ordinance. The proposed building does not meet the percentage of horizontal
corporate design standards. Staff believes that in this particular case, the applicant
have been met.
8. The renderings of the store provided by the applicant show a brick building with a
stone base at the corners and at the points where the walls are articulated. Staff
asked the applicant to extend the stone base around the entire building. However
the applicant wishes to proceed with the building as currently shown. Staff believes
extending the stone around the building will improve its appearance.
Packet Pg. 1046

66
9. An additional portion of the property, “Lot 1” (after replatting), is being rezoned but
Neighborhood Commercial district for this tract on the site plan, including
automobile washing business subject to site plan approval by the Planning and
Zoning Commission and City Council prior to development.
11. The stipulation of the Planning and Zoning Commission has been met.
12. Public notices were mailed to 22 property owners, with no responses in favor or
Recommendation
Commission with the additional stipulation that the stone base be required to extend
around the entire perimeter of the building and be constructed on the gasoline canopy
support columns as well.
ATTACHMENTS:
• F: Concept Plan (PDF)
• G: Landscape Plan (PDF)
• J: Site Plan (PDF)
• H: Building Elevations (PDF)
• I: Gas Canopy Elevation (PDF)

NONE
-2-
Packet Pg. 1047
66


TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE JANE BEAN SURVEY,
ABSTRACT NO. 143, AND LOCATED AT THE SOUTHEAST CORNER OF BELT LINE ROAD
AND WILLOW CREEK DRIVE, MORE FULLY AND COMPLETELY DESCRIBED IN THE
BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY
FROM ML-20a LIGHT INDUSTRIAL DISTRICT USE UNDER ORDINANCE NO. 1144, AS
AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR C-N USES UNDER ORDINANCE NO.
1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO
LAND USE; CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO.
1144; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE
PURPOSE OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE;
PROVIDING THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE
ZONING ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
-1-
Packet Pg. 1048
66
and
and
under a site plan district for use as C-N uses with a site plan attached will further lessen the congestion
in the streets; help secure safety from fire, panics, floods, and other dangers; promote health and
general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitate the adequate provisions of transportation, water, sewers, schools,
drainage and surface water, parks and other public requirements;

IRVING, TEXAS:
A tract of land located in the City of Irving, Dallas County, part of the Jane Bean
Survey, Abstract No. 143, being all of those tracts of land described in deed to United
Flotation, Inc. as recorded in Volume 724, Page 223, Deed Records, Dallas County,
Texas, all of that tract of land described in deed to United Flotation, Inc. as recorded in
Volume 955, Page 412 Deed Records, Dallas County, Texas, and all of that tract of land
described in deed to United Flotation, Inc. as recorded in Volume 72166, Page 290,
Deed Records, Dallas County, Texas, SAVE & EXCEPT that 0.1210 acre tract of land
described in Right-of-Way Deed to Dallas County as recorded in Volume 88201, Page
816 Deed Records, Dallas County, Texas, and being more particularly described as
follows:
-2-
Packet Pg. 1049
66
BEGINNING at a 5/8” iron rod set with plastic cap stamped “R.P.L.S. 5199” in the
north line of said United Flotation, Inc. tract (Vol. 955, Pg. 412), being the northeast end
of a corner clip at the intersection of the south right-of-way line of Willow Creek Drive
(60’ R.O.W.) with the east right-of-way line of Belt Line Road (variable width R.O.W.),
said point being the northeast corner of said 0.1210 acre right-of-way dedication tract;
THENCE South 89 degrees, 28 minutes, 04 seconds East, a distance of 466.06 feet

along the north line of said United Flotation, Inc. tract (Vol. 955, Pg. 412), the north line
of said United Flotation, Inc. tract (Vol. 72166, Pg. 290) and the south right-of-way line
of Willow Creek Drive to a 5/8” iron rod set with plastic cap stamped “R.P.L.S. 5199”,
being in the west line of a called 7.8544 acre tract of land described in Deed to The
Willows Estates, LLC as recorded in County Clerk’s File No. 20070369344, Deed
Records, Dallas County, Texas;
THENCE South 00 degrees 54 minutes 00 seconds West, a distance of 300.53 feet along
the east line of said United Flotation, Inc. tract (Vol. 72166, Pg. 290) and the west line
of said 7.8544 acre tract to an “X” cut in a concrete retaining wall set for corner, being
in the north line of Lot 12, Block 1, Herring Bros. Addition No. 1, as recorded in
Volume 8, Page 235, Map Records, Dallas County, Texas;
THENCE North 89 degrees, 25 minutes, 53 seconds West, a distance of 485.45 feet

along the south line of said United Flotation, Inc. tract (Vol. 72166, Pg. 290), the south
line of said United Flotation, Inc. tract (Vol. 724, Pg. 223), the north line of said Block
1, Herring Bros, Addition No. 1, and the north line of Lot 1, Block A, Diego’s Auto
Center Addition, Revised, according to the plat recorded in Volume 2004039, Page 82,
Deed Records, Dallas County, Texas, to a 5/8” iron rod set with plastic cap stamped
“R.P.L.S. 5199”, being in the east right-of-way line of Belt Line Road (56.9 feet from
centerline, at this point), being the southeast corner of said 0.1210 acre right-of-way
dedication tract;
THENCE North 00 degrees, 50 minutes, 50 seconds East, a distance of 280.00 feet

along the east line of said 0.1210 right-of-way dedication tract, being the east line of
Beltline Road (56.9 feet from centerline), to a 5/8” iron rod set with plastic cap stamped
“R.P.L.S. 5199”, being the southwest end of a corner clip;
THENCE North 44 degrees 52 minutes 23 seconds East, a distance of 28.29 feet along
said corner clip and the east line of said 0.1210 acre tract to the POINT OF
BEGINNING and containing 145,661 square feet or 3.3439 acres of land, more or less.
which is presently zoned ML-20a Light Industrial District Use under Ordinance No. 1144, is changed
to S-P-2 Site Plan District Use for C-N uses under Ordinance No. 1144, subject to all the requirements
of Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A of this
ordinance.
-3-
Packet Pg. 1050
66
(5) That the stone base be required to extend around the entire perimeter of the building and
be constructed on the gasoline canopy support columns as well.
-4-
Packet Pg. 1051
66
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-5-
Packet Pg. 1052
66.a
ZONING CASE #ZC09-0056
1714 -1722 N. Belt Line Road

Agenda Date:
December 7, 2009
Case Manager:
Stacy Day
Owner:
United Flotation, Inc.
Applicant:
QuikTrip Corp.
Location:
Southeast corner of Belt Line Road and Willow Creek Drive
Size:
3.34 acres

Existing Zoning:
ML-20a (Light Industrial)
Requested Zoning:
S-P-2 (Generalized Site Plan) for C-C (Community Commercial)
Uses
Notices mailed: 22
Responses in favor: a Responses opposed: 0
Case Summary
The applicant is requesting rezoning to allow a gasoline service station with

Staff Analysis
• The Comprehensive Plan's Future Land Use Map recommends Retail uses for this
• The property is currently developed with retail uses. The applicant is proposing to
demolish the eXisting buildings to develop a new gasoline service station and a 4900
sq. ft. convenience store use on what will become one lot after replatting.
• Development must comply with the Convenience Store Design Standards

Ordinance. The proposed building does not meet the percentage of hOrizontal
corporate design standards. Staff believes that, in this particular case, the applicant
have been met.

Packet Pg. 1053
66.a
Zoning Case ZC09-0056. cant.
• The rendering of the building provided by the applicant shows a brick building with a
stone base at the corners. Staff requested that the stone base be extended around
the entire building. However, the applicant wishes to proceed with the building as
currently shown. Staff believes that extending the stone base around the entire
building will improve its appearance.
• An additionai portion of the property, "Lot 1" (after replatting), is being rezoned but
Neighborhood Commercial district for this tract on the site plan, including automobile
washing business, subject to site plan approval by the Planning and Zoning
Commission and City Council prior to development of a carwash.

• The property must be platted prior to development.

On November 16, 2009, the Planning and Zoning Commission recommended approval
the stipulation that site plan approval will be required for a carwash use on Lot 1, by a
vote of 8-0 (Commissioner Fisher, absent). The stipulation has been met.
Approval, with the stipulation that the stone base be extended around the entire
perimeter of the building as well as constructed on the gasoline canopy support
columns.
Department of Planning and Inspections Page 2Packet

of2 Pg. 1054
66.b

Vicinity Map
Zoning Case City of Irving DN
No. ZC09-0056
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1# DCA OJI D Owner 'Name Address Line 1
1 80078500010120000 CHAVEZ G~BfR,AL.ONSO'& REYNA C AGlIRR.f
2 322316700A01ROOOO CORRAL GROUP INC % GOlDEN CORRAL CORP #120·221 I
3 6501430961023~DO GlLLfAN PROPERTIES LTO
4 320965200A0010000 [HOM E ~QT USA INC PORPTAXOFC
5 322316700A02ROOOO 'pop HOLtJNGS LP #120-221
6 60078500010100000' FRENCH THOMAS W& PA TRlCIA J 'ilLL ~
7 6007850001.0070000, ADAM elK ALAN & STI:VE SelNKOFF
8 320966400A0010000 VERA aa:;o.& ,RAYCHaL/:VERI!i
9 6501:4309610300000 YARBRoUGH EARl..
10 60078560010060000 CHOII YOUNG JI N
1,1 3207130050001aaog ICA~AGE CEM E'IlR'f iiivJCESlNC
12 '65_01'43097~OnOOOo W,NlTED FLOTATlON INC
1'3 6501430971006og~ UNlTB> Fl.OTATION INC
14 650143097100700QO lUNTB> FlOTATION INC --_.
1~ 60078500010130000 IHUCKA BAY JOEKTR & OOVI E K HUCKABA V TR:
1~, 6007850001011nOCQ I FRENCH THOMAS W & P'A,TRlCIA J BILLUPS
17 G00247400A0010000 HA'NNONINC
18 60078500010150000 ESPINO FRANCISCO & MARtA MA,GOALel.'
19 65014309610270000 THE WlL LOWS ESTA TEl> LLC I
20 322284900AOO70000 00 THUY TRANG T I
21 60078500010080000 FRENCH THOMAS W Er.AL
22 325316300A0010000 EM'ERAlO LA,NO CO LC ,STE100

City of lIVing
Zoning Case
No. ZC09-0056
Page 1 of 1 .iii 00
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ZONING CASE #ZC09...()056, QUIKTRIP CORP., APPLICANT, REQUESTS A ZONING CHANGE FROM ML-20A (LIGHT
INDUSTRIAL) DISTRICT USES TO S-P-2 (GENERALIZED SITE PLAN) FOR C·N (NEIGHBORHOOD COMMERCIAL)
DISSTRICT USES TO ALLOW A CONVENIENCE STORE AND RELATED USES. THIS PROPERTY IS LOCATED ON
APPROlOMATELY 3.34 ACRES ON THE SOUTHEAST CORNER OF BELT LINE ROAD AND WILLOW CREEK DRIVE.
Robert Rivera, Real Estate consultant for QuikTrip, gave an overview of the proposed request, adding
that the applicant has agreed that any future car wash on the eastern tract will require Council approval of
a site plan.
Jay Petras - Real Estate Project Manager for QuikTrip, 1120 N. Industrial Blvd., Euless, TX, stated thai
the applicant witl redevelop this site by demolishing the existing structure and build a QuikTrip
convenience store, with enhanced landscaping.
Chairwoman Fousl called for individuals wishing to speak in favor of this item. She then called for
Commissioner Tannehill asked applicant if they have opposition aboul the staN" stipulations.
Mr. Petras answered that they have no opposition about the site plan since initially that was their intent.
He also stated that he was aware that for a future car wash development. the applicant would have to
apply for a site plan approval.
Steven Reed, Planning Manager, clarified that the staN" recommendation at proposed Lot 1 being revised
to "S-P-2 for C-N~ uses, with site plan approval for any car wash use.
Vice-Chainnan Palmer moved to forward item #ZC09-0056 to City Council with a favorable
recommendation subject to proposed lot #1 being revised to S-P-2 that will allow a car wash subject to a
future site plan approval for the car wash. Secretary Zapanta seconded the motion.
Ayes: Eugenia Foust, David Palmer, AI Zapanta, Tom Tannehill, Douglas Gregory, Michael
Randall, Jack Spurlock, Robert LaRose
Absent: John Fischer
Planning and Zoning Commission Minutes November 16. 2009 Page 3

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66.i
Attachment: H: Building Elevations (3066 : 11 ZC09-0056)

Building' Elevations
QuikT!ip· SEC of Bedtime an CreeK Irving. TX
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67
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3095

Ordinance -- Comprehensive Plan Amendment #ZC09-0057 - Amending the

Comprehensive Plan to Change the Recommended Land Use from "Retail"
to "Low Density Residential" Uses - Approximately 23.8 Acres Located
North of Home Depot Drive, Betwen Ranch Trail and Market Place
LP, Owner
November 16, 2009, Favorable 8-0 (Commissioner Fischer, absent)
3. The applicant is requesting to amend the Comprehensive Plan to low density
residential uses as a companion item to Zoning Case #ZC09-0057.
4. The Comprehensive Plan’s Future Land Use map recommends Retail uses for this
5. The property is currently vacant and has never been used for Retail as is
6. The 2008 Comprehensive Plan states that, should an area that is designated and/or
rezoning is not for traditional multi-family development. The requested amendment
7. The companion request for rezoning to an S-P-2 for Single Family Residential use
requires the Future Land Use Map to be amended. The City Council cannot
approve a zoning change that is not consistent with the Comprehensive Plan.
Recommendation
Commission.
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67
ATTACHMENTS:
• C: Letter from Hines Interests Limited Partnership (PDF)
• D: Vicinity Map (PDF)
• E: Surrounding Zoning Map (PDF)
• F: Property Owner Notification Map and List(PDF)
• G: Site Plan (PDF)

NONE
Prepared: 11/16/2009 11:41 AM by Sharon Brown
-2-
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67
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF IRVING,

TEXAS, ADOPTED FEBRUARY 25, 1997, FOR THE PURPOSE OF PROMOTING THE PUBLIC
HEALTH, SAFETY, MORALS, AND GENERAL WELFARE AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, the Planning and Zoning Commission of the City of Irving, Texas, has reviewed
the proposed amendment to the Comprehensive Plan of the City of Irving, Texas, adopted February 25,
1997; and
session of the City Council did provide the opportunity for the public to give testimony and present
written evidence regarding the proposed amendment to the Comprehensive Plan; and
WHEREAS, the City Council of the City of Irving, Texas, has determined that the amendment
to the Comprehensive Plan helps promote the general health, safety, morals, and general welfare of the
community;

IRVING, TEXAS:
SECTION 1. That Ordinance No. 6989, adopting the Comprehensive Plan of the City of
Irving, Texas, hereby is amended by changing the designation of the following described property on
the Future Land Use Map of the Comprehensive Plan, to-wit:
BEING a tract of land located in the SAMUEL LAYTON SURVEY, ABSTRACT NO.
784, City of Irving, Dallas County, Texas and being all of Lot 1, Block 1 of HOME
DEPOT MARKET PLACE ADDITION, an Addition to the City of Irving, Dallas
County, Texas according to the Plat thereof recorded in Volume 2002030, Page 120,
Map Records, Dallas County, Texas and being more particularly described as follows:
BEGINNING at a point in the South line of Ranch Trail, a variable width right-of-way,
at the Northwest corner of said Lot 1;
THENCE South 88 degrees 39 minutes 10 seconds East, with said South line, a distance
of 1717.23 feet to a point at the Northeast corner of said Lot 1;
THENCE South 02 degrees 36 minutes 24 seconds West, leaving said South line, a
distance of 813.61 feet to a point for corner;
THENCE North 75 degrees 10 minutes 58 seconds West, a distance of 720.16 feet to a

point for corner;

point for corner;
-1-
Packet Pg. 1069
67
THENCE North 14 degrees 41 minutes 31 seconds East, a distance of 9.41 feet to a

point for corner;

point for corner;
THENCE South 14 degrees 41 minutes 31 seconds West, a distance of 34.27 feet to a

point for corner;

point at the Southwest corner of said Lot 1;
THENCE North 00 degrees 13 minutes 51 seconds West, a distance of 409.40 feet to

the POINT OF BEGINNING and containing 23.841 acres of land, more or less.
from the Retail category to the Low-Density Residential category, in order to render the Future Land
Use Map, as amended by this ordinance, consistent for the property, for the purpose of promoting the
public health, safety, morals, and general welfare.
SECTION 2. The City Planner is hereby directed to correct the Future Land Use Map of the
Comprehensive Plan of the City of Irving, Texas, attached to Ordinance No. 6989.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-2-
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67.a
Comprehensive Plan Amendment

Owner: Ranch T rail Partners, LP
Attachment: A: City Council Memo (3095 : 11 Comprehensive Plan Amendment ZC09-0057)

Applicant: Hines Las Colinas Land, LP
Location: North of Home Depot Drive between Ranch Trail and Market Place
Boulevard
Existing Comprehensive Plan Recommended Land Use: Retail

Requested Comprehensive Plan Recommended Land Use: Low Density Residential
Staff Analysis
• The Comprehensive Plan's Future Land Use map recommends Retaif uses for this
• The property is currently vacant and has never been used for Retail as is
• The 2008 Comprehensive Plan states that should an area that is designated and/or
rezoning is not for traditional mUlti-family development. The requested amendment
• The requested rezoning to an S-P-2 for Single Family Residential uses requires the
Future Land Use Map to be amended. The City Council cannot approve a zoning
change that is not consistent with the Comprehensive Plan
of this request by a vote of 8-0 (Commissioner Fischer, absent).

Packet Pg. 1071
67.a
Comprehensive Plan Amendment ZC09-0057, cant.
Approval.
Attachment: A: City Council Memo (3095 : 11 Comprehensive Plan Amendment ZC09-0057)
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67.b
Attachment: C: Letter from Hines Interests Limited Partnership (3095 : 11 Comprehensive Plan Amendment ZC09-0057)
November 12,2009
Mr. Steve Reed

City afIrving
Community Development
Irving, Texas 75060
Re: Request for Revisions to the City of Irving's Comprehensive Land Use Plan on 23.9
acres located between Ranch Trail and Market Place BOulevard at the north end of Home
Depot Drive, Irving, Texas.
Dear Mr. Reed,
Please accept this Jetter as part of OUI submission for the proposed project referenced above.
Hines Interests Limited Partnership or an affiliate is the applicant and future owner of the
referenced property for another phase of a highly successful single-family residential project.
Meritagc Homes is the proposed builder. The proposed projeet will consist of95 single-family
homes with an average projected sales price of more than $300,000. The projeet will require a
zoning change from S-P-2 for C-C uses to S-P-2 for R-6 uses, single family detachcd, with
certain variances to the City of Irving's Standard Zoning Regulations to be accepted. The project
will also include open space area as an amenity, along with appropriate landscaping. Other
infonnation eoncerning the proposed project will be included within the application. Other
infonnation considered relevant to this submission is as follows.
1. The proposed use is eonsidercd to be consistent and harmonious with the existing
residential uses adjacent to and east of the site. The proposed development is for a
single-family dctaehed rear entry product with alleys.
2. The previous two phases of single-family were zoned R-ZLa. At Staff's request, we
are proposing to change the zoning from S-P-2 for C-C uses to S-P-2 for R-6 uses.
However, we respectfully rcquest the fonowing threc variances to the R-6 zoning: 1)
reduce the minimum front yard from 25-feet to 20-feet; 2) reduce the minimum lot
area from 6,000 sf to 5,500 square feet; and 3) increase the lot covemge from 40
pereent to 55 pereent.
3. We have contacted Coppell ISD and received written eonfirmation that they do not
objcct to this proposed residential sub-division.
4. Home priccs within the development wi([ range from $300,000 to $350,000.
The minimum dwelling unit shall be 2000 square feet.
5. Architectural style wlll blend with the area. The exposed exterior wall area of each
house, exclusive of doors, window and eovered porch areas, shall be at least 75%
Packet Pg. 1073

67.b
masonry, masonry veneer, Hardie plank, or other low maintenance material approved
by the Architectural Control Committee of the Las Colinas Association.
Attachment: C: Letter from Hines Interests Limited Partnership (3095 : 11 Comprehensive Plan Amendment ZC09-0057)
6. No roof with a composition type shingle may use a shingle with less than a 25-year
warranty withollt prior written approval of the Las Colinas Association's
Architectural Control Committee.
7, The project is expected to provide a tax base of approximately $30,400,000 on 23.9

acres of land.
8. The existing Comprehensive Land Use Plan for the SUbject site provides for
commercial development. The site has remained vacant and undeveloped due to its
secondary position and shape for years and may remain vacant if held for commercial
uses.
9. The reeent success of the single family in the previous phases of Emerald Valley
demonstrates the eompelling market demand for housing at this location.
10. The projeet will have its 0\VIl homeo\VIler's association to maintain its common areas
and amenities within the project.
In summary, we appreciate the staffs time, effort, and involvement in the process thus far. We
believe this proposed detached single-family borne development will have a successful and
positive impact for the city.
8;&1' ~:--
AUthO~epres'Z2:e of
Hines Interests Limited Partnersbip
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67.c
Attachment: D: Vicinity Map (3095 : 11 Comprehensive Plan Amendment ZC09-0057)

Vicinity Map
Zoning Case City of lriling ~N
No. ZC09-0057
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Attachment: E: Surrounding Zoning Map (3095 : 11 Comprehensive Plan Amendment ZC09-0057)

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Attachment: F: Property Owner Notification Map and List (3095 : 11 Comprehensive Plan Amendment
uJ
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Property Under
Consideration
For Rezoning
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200 Ft
Nohfication
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Zoning Case City of Irving 6N
No. lC09-0057
Date 0 i:tl 12 2009 2:0(;1
,.
400
ret'l
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Attachment: F: Property Owner Notification Map and List (3095 : 11 Comprehensive Plan Amendment
II #
I Address line 1
1 329075400C0230000 PATEL SHAILESH R& S.MITA 5
f------f - - -----
'2 329075400A0040000 MARAM RAJU SRiNIVASRAO
3 329075400A0050000 MCGill PRASAD & SWAPNA KARl
1---- 4 -,3:-:"2"':"":203050010030000 TECHS ACROSS,....,T""H"""'E:"":R1:"""V-,ER-=-=-L,....,P=------=S-,U-=IT:"::E:-:"2..,...00.,....-----------l1
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1----6~329075400A0120000 KUMAR DHARMII'LlER & VANJA-'- N A - - - - - - - - - - - - - - - - -1
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71329075400A0130000 m l MOHAM MAD J
8 ,329075400DQ01 0000 I-JADDANGI Va.JKA TA I
9 329075400All090000 MADIRAJU NANDA K
10 j2907-5400BOO"10000 DUONG DUNG LE PHUONG & oUONGVICT~
11 329075400A0010000 THAM ARAN L1NEESH
12 jiOBro'fOOA"1-imiQOO
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1----1-=-4':"f329075400A0080000 PATEL ANKUR N &'PAYAL I 1
~ 5 I 329075400A0070000 RAM ALiNGAM VINOO -----,...-------------11
--------------------------11
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~61329075400D0160000 PATB.. JAYANT
----,17329075400A02JOOOO I.RVING EMERALD VALLEY HOMEOWNE % SBB MANAGEMENT COMPANY
18 329075400.400140000 -~l1..IPAKA GEETHA
' - - - -1-,9+329075400A01:00000 APPANA RAVI 5
20 329075400A003000o-' SAVULGAV ANAND
1------,2:-:"1+3:-:2""""9-=-07-54-,00A0260000 IRVING EI\IIffiALD VALLEY HOMEOWNE % sea MANAGEMENT COMPANY
If-- 22' ~2'9075400A0250000 IRVING ,EM ERAU) VALLEY I-K>MfOWNE %"ii3"M Arti:G~ ENT OOM PA-NY--
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32 7-0'-'-700A1R10000 CYPRESS"""'WATER RETAIL #1
25~5290C7 5400A0020000 PHATAK AM,OL
26 32203050010010000
-----
RANCH TRAIL PARTNERS LP % COM M ON FUND PO OOX 812
1- - -
1 27 329075400A0110000 NARAYANGARI SRlNlVA5.
28 3290754QOA006000Q ANANJ S~li & PWA

loning Case
City of Irving
No. lC09-005?
Page 1 of 1
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COMPREHENSIVE PLAN AMENDMENT#ZC09-0057 - RAND TRAIL PARTNERS, LP, APPLICANT, REQUESTS AN

AMENDMENT TO TI-lE LAND USE RECOMMENDATION OF TI-lE COMPREHENSIVE PLAN TO CHANGE THE
Attachment: B: November 16, 2009 Planning and Zoning Meeting Minutes (3095 : 11 Comprehensive Plan Amendment ZC09-0057)
RECOMMENDED LAND USE FROM "RETAIL" USES TO "Low DENSITY RESIDENTIAL" USES. THIS PROPERTY IS
LOCATED ON APPROXMATELY 23.8 ACRES NORTI-I OF HOME DEPOT DR. BETWEEN RANCH TRAIL AM) MARKET
PLACE BOULEVAR>.
ZONING CASE #ZC09-o057, RAND TRAIL PARTNERS, LP, APPLICANT, REQUESTS A ZONING CHANGE FROM S-P-2
(GENERALIZED SITE PLAN) FOR C-C (COMMUNITY COMMERCIAL) DiSTRICT USES TO S-P-2 (GENERALIZED SITE
PLAN) FOR R-6 (SINGLE FAMILY) USES. THiS PROPERlY IS LOCATED ON APPROXIMATELY 23.8 ACRES NORTH OF
HOME DEPOT DR. BETWEEN RANCH TRAIL AM) MARKET PLACE BOULEVARn
Chairwoman Foust called on Ihe applicant
Danny Opitz, applicant's representative, gave an overview of the proposed request, adding thai if this
property is developed with single family uses, it will be annexed into the Las Colin as Association. He also
stated that the site will be platted wtth 95 single family homes and that they agreed with the staff
recommendations.
Chairwoman Foust called for individuals wishing to speak in favor of this item.
Manda Madiraju, 8615 Lost Canyon Rd stated his support for this item, adding that he would like to see a
green space area for the kids in the neighborhood.
There was no one else to speak in favor to this item. Chairwoman Foust then called for individuals
wishing to speak in opposition. There was no one to speak in opposition to this item.
Secretay Zapanta asked Mr. Opitz ifthere is a landscape plan in place.
Mr. Opilz staled that there is a landscape plan for the western portion of the property.
Steven Reed, Planning Manager, stated that the landscape plan is already incorporated in the Site Plan.
Secretary Zapanta moved to forward Comprehensive Plan Amendment #ZC09-0057 to City Council with
a favorable recommendation. Vice-Chairman Palmer seconded.
Chairwoman Foust recognized the motion on Ihe floor. There was no discussion of the motion.
Vice-Chairman Palmer moved to forward item #ZC09-0057 to City Council with a favorable
recommendation subject to the Comprehensive Plan amendment being approved and the site plan being
revised to combine note 10 with 16 and 14 with 17. Commissioner LaRose seconded the motion.
Chairwoman Foust recognized the motion on (he no or. There was no discussion of the motion.
The motion carricd unanimously.
Planning and Zoning Commission Minutes November 16,2009 Page 4

Packet Pg. 1080
67.g
Attachment: B: November 16, 2009 Planning and Zoning Meeting Minutes (3095 : 11 Comprehensive Plan Amendment ZC09-0057)
Planning and Zoning Commission Minutes November 16, 2009- Page 5

Packet Pg. 1081
68
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3067


Plan) for R-6 (Single Family) District Uses - Approximately 23.8 Acres
Located North of Home Depot Drive Between Ranch Trail and Market Place
LP Owner
November 16, 2009, Favorable 8-0 (Commissioner Fischer, absent).
3. The applicant is requesting to amend the Comprehensive Plan to Low Density
Residential uses and to rezone the property for single family residential uses.
4. The property is currently vacant. The applicant is proposing to rezone the property
from the C-C (Community Commercial) district and develop the site with a new
single family development.
5. The applicant is proposing to construct ninety-five (95) single family homes with five
Family) district:
Required Provided
Corner Lots
Required Provided
Unit
Height of Principal 2 stories or 25 feet 2.5 stories or 35 feet
Structure
These modifications match the provisions approved for the adjacent Emerald
Valley Development.
6. The following notes have been added to the site plan in addition to the City’s
standard notes:
• Each dwelling unit shall have a minimum 2-car garage.
Packet Pg. 1082

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• The monument signs, monuments, amenity features, as well as all landscaped

• All landscaped and turf areas shall be irrigated with a fully automated sprinkler
system.
• The exposed exterior wall area of each house, exclusive of doors, windows and
• Lots 2x, 3x, 4x and 5x, Block A, and Lot 1x, Block B are owned and maintained
• Wood shall be prohibited as a siding material.
• The garages may not be converted into living spaces.
• The existing screening wall along the east property line to remain. No screening
• 2,000 square foot minimum dwelling unit size.
• The screening wall shall be 100% masonry and a minimum of 6 feet in height.
7. All other requirements of the R-6 district will be met. Platting will be required prior
to development.
8. Public notices were sent to twenty-eight (28) property owners, with eighteen (18)
letters in support and none in opposition received.
Recommendation
Commission.
ATTACHMENTS:
• D:Surrounding Zoning Map (PDF)
• F: Letter from Hines Interests Limited Partnership (PDF)
• G: Site Plan (PDF)
• H: Public Comment Forms in Support Set 1 (PDF)
• I: Public Comment Forms in Support Set 2 (PDF)
-2-
Packet Pg. 1083
68
• J: Additonal Public Comment Form in Support (PDF)

NONE
-3-
Packet Pg. 1084
68


TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE HOME DEPOT
MARKET PLACE ADDITION AND LOCATED NORTH OF HOME DEPOT DRIVE BETWEEN
RANCH TRAIL AND MARKET PLACE BOULEVARD, MORE FULLY AND COMPLETELY
SAID PROPERTY FROM S-P-2 SITE PLAN DISTRICT USE FOR C-C USES UNDER
ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR R-6 USES
UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO
AND MADE A PART HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGU-
LATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP
ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE WITH A
COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE DOES NOT
REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES OF DIRECT
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
-1-
Packet Pg. 1085
68
and
and
under a site plan district for use as R-6 uses with a site plan attached will further lessen the congestion

IRVING, TEXAS:
BEING a tract of land located in the SAMUEL LAYTON SURVEY, ABSTRACT NO.
784, City of Irving, Dallas County, Texas and being all of Lot 1, Block 1 of HOME
DEPOT MARKET PLACE ADDITION, an Addition to the City of Irving, Dallas
County, Texas according to the Plat thereof recorded in Volume 2002030, Page 120,
Map Records, Dallas County, Texas and being more particularly described as follows:
BEGINNING at a point in the South line of Ranch Trail, a variable width right-of-way,
at the Northwest corner of said Lot 1;
THENCE South 88 degrees 39 minutes 10 seconds East, with said South line, a distance
of 1717.23 feet to a point at the Northeast corner of said Lot 1;
-2-
Packet Pg. 1086
68
THENCE South 02 degrees 36 minutes 24 seconds West, leaving said South line, a
distance of 813.61 feet to a point for corner;

point for corner;

point for corner;
THENCE North 14 degrees 41 minutes 31 seconds East, a distance of 9.41 feet to a

point for corner;

point for corner;
THENCE South 14 degrees 41 minutes 31 seconds West, a distance of 34.27 feet to a

point for corner;

point at the Southwest corner of said Lot 1;
THENCE North 00 degrees 13 minutes 51 seconds West, a distance of 409.40 feet to

the POINT OF BEGINNING and containing 23.841 acres of land, more or less.
which is presently zoned S-P-2 Site Plan District Use for C-C uses under Ordinance No. 1144, is
changed to S-P-2 Site Plan District Use for R-6 uses under Ordinance No. 1144, subject to all the
requirements of Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A
of this ordinance.
-3-
Packet Pg. 1087
68
-4-
Packet Pg. 1088
68
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-5-
Packet Pg. 1089
68.a
Zoning Case #ZC09·0057

North of Home Deport Dr. Between Ranch Trail &
Market Place
Owner: Ranch Trail Partners, LP
Applicant: Hines Las Colinas Land, LP

Location: North of Home Depot Drive between Ranch Trail and Market Place
Boulevard
Existing Zoning: S-P-2 (Generalized Site Plan) for C-C (Community Commercial)
District uses
Requested Zoning: S-P-2 (Generalized Site Plan) for R-6 (Single Family) District uses
Notices mailed: 28
Responses in favor: 17 Responses opposed: 0 (0%)
% vote required? No
Case Summary
This is a companion item to the previous case requesting an amendment to the
Comprehensive Plan for this same tract. The applicant is requesting to rezone the
property for residential uses.
Staff Analysis
• The applicant is proposing to rezone the property from the C-C (Community
Commercial) district and develop the site with a new single family development.
• The applicant is proposing to construct ninety-five (95) single family homes with five
Family) district:
Reauired Provided
Corner Lots
Department of Planning and Inspections Page 1 of3

Packet Pg. 1090
68.a
Zoning Case ZC09-0057, cont.
Required Provided
Unit
Height of Principal I 2 stories or 25 feet 2.5 stories or 35 feet
Structure
• These modifications match the provisions approved for the adjacent Emerald Valley
Development.
• The following notes have been added to the site plan in addition to the City's

standard notes:
5) Each dwelling unit shall have a minimum 2-car garage.
10) The monument signs, monuments, amenity features, as well as all landscaped
12) All landscaped and turf areas shall be irrigated with a fully automated sprinkler
system.
14) The exposed exterior wall area of each house, exclusive of doors, windows and
16) Lots 2x, 3x, 4x and 5x, Block A, and Lot 1x. Block B are owned and maintained
17) Wood shall be prohibited as a siding material
18) The garages may not be converted into living spaces.
19) The existing screening wall along the east property line to remain. No screening
20) 2,000 square foot minimum dwelling unit size.
21) The screening wall shall be 100% masonry and a minimum of 6 feet in height.
• All other requirements of the R-6 district will be met. Platting will be required prior to
development.
Packet Pg. 1091

68.a

of this request by a vote of 8-0 (Commissioner Fischer, absent) subject to the
Comprehensive Plan amendment being approved and the site plan being revised to
combine note 10 with 16 and 14 with 17. If the Comprehensive Plan amendment is
denied, this case must also be denied. The stipulation has been met.
Approval.
Packet Pg. 1092

68.b

Vicinity Map
No. ZC09-0057 __-===:::::=J 1 Feel
Date Oct 12 2!lOS 1;3 000
Packet Pg. 1093

68.c
LU
a:
o
o:;;
Attachment: D:Surrounding Zoning Map (3067 : 11 ZC09-0057)

IC=:::::====~:----- ...-.._JII
P
51

Zoning Case City of Irving 6
N
No. ZC09-0057
Dala. OCl, 1< 2008
Packet Pg. 1094

68.d
"'"oo
::Ii'

Property Under
Consideration
For Rezoning
12
200 Ft
Notification
Boundary
13

Zoning Case City of Irving ~N
No. ZC09-0057 , F-&ei
D" Ie 00'. Ie. 2009 0 200 400
Packet Pg. 1095

68.d
-
# De A 0_10 I Owner Name I Address line 1
1 3290754OOC0230000 [PATa SHAILI;SH R& SMITA S
2, 329075400AOO40000 M AAAM RAJU SRlNlVASRAO

3, ,32907S400AOO5000Q IMOGILI PRASAD & SWAPNAKARl
4 32203050010030000 TECH$' ACROSS THE RIVER LP SUITE 200
5 32203050010020000 IHDDEVaOPMeIT PPTS LP PROPTAXQFC
6 329075400A01~000D KLMAR DHARM'INDffi & VANDANA
7 329075400A0130000 IQBAL MOHAMMADJ
8 32907540000010000' JADDANGI V9IKA1 A
9 329075400A0090000 M ACiRAJU NANDA K
10 32907540080010000 Dl.JON(; DUNG LE PHUONG &
- !OOONG VICTOR.
I
11 329075400A001000Q THAMARAN L1NEESH
12 ~----
320870700A1R70000 CROW IBlLILINGSILEY 635 8EI!. lUJE l..:m STE 1100
113 3227981 00A001 0000 I OLYMPUS HOTB.S LTD
14 329075400AOOBOOOO PATa ANK~N& PAYAL I
15 329075400AOOl0000 RAMALINGAM VINOD
- -
16~32907540000160000 ~B.JAYANT
I
!
~7 329075400A02100ao IRVING EM ERALD VALLEY HOMEOWNE ~ SB8 MANAGEM ENT COM PANY
18 329075400A0140000 PULIPAKA GEETHA
19 3~9075400A0100000 -I-APPANA RAVI S
,20 329075400A0030000 SAVULGAY ANAND i
21 32~075400A0260000 IRVING IBVI ERALD VAL LEY HOM EOWNE "10 SOO M ANAGB'w'I ENT COM PANY
22 329075400A0250000 IIRVING EMERALD VALLEY HOMEOWNE % SBS M ANAGBltENT COM PANY
23 329075400C0010000 VOJJALA RAGRNEER & PRiYADARSH -
24 320870700A11R1000O--- cypREss WATER RETAIL #1
- ,~-
STE1100
25 329075400AOO20000 PHATAKAMOL
-
2.6 32203050Mo010000 - RANcH TRAIL PARTtoERS LP % COM MaN FUND PO BOX. 812
2] 329075400A0110000 NARAYcANGARI SRiNIVAS
28 329075400AOO60000 I ANAt«> Sl..IVIlT & PWA
- -

Zoning Case
City of Irving
No. ZC09-0057
Page 1 of 1 Dale: U 12. 2009
Packet Pg. 1096

68.e
November 12, 2009
Me. Steve Reed

City of Irving
Commnnity Development
Attachment: F: Letter from Hines Interests Limited Partnership (3067 : 11 ZC09-0057)

Irving, Texas 75060
Re: Request for Revisions to the City of Irving's Comprehensive Land Use Plan on 23.9
acres located between Raneh Trail and Market Place Boulevard at the north end of Home
Depot Drive, Irving, Texas.
Dear Me. Reed,
Please aeeept this letter as part of our submission for the proposed projeet referenced above.
Hines Interests Limited Partnership or an affiliate is the applicant and future owner of the
referenced property for another phase of a highly successful single-family residential project
Meritage Homes is the proposed builder. The proposed pr~iect will consist of 95 single-family
homes with an average projected sales priee of more than $300,000. The pr~iect will require a
zoning change from S-P-2 for C-C uses to S-P-2 for R-6 uses, single family detached, with
certain variances to the City of Irving's Standard Zoning Regulations to be aceepted. The project
will also include open space area as an amenity, along with appropriate landscaping. Other
information eoneerning the proposed project will be inclnded within the application. Other
information considered relevant to this submission is as follows.
t. The proposed use is considered to be eonsistent and harmonious with the existing
residential uses adjacent to and east of [he site. The proposed development is for a
single-family dctaehed rear entry produet with alleys.
2. The previous two phases of single-family were zoned R-ZLa. At Staffs requcst, we
are proposing to change the zoning from S-P-2 for C-C uses to S-P-2 for R-6 uses.
However, we respectfully request the following three variances to the R-6 zoning: 1)
reduce the minimum front yard from 25-feet to 20-feet; 2) reduee the minimum lot
area from 6,000 sf to 5,500 square feet; and 3) increase the lot coverage from 40
perceut to 55 percent.
3. We have contacted Coppell ISD and received written confirmation that they do not
object to this proposed residential sub-division.
4. Home prices within the development will range from $300,000 to $350,000.
The minimum dwelling unit shall be 2000 square feel.
5. Architectural style will blend with the area. Thc exposed exterior wall area of each
house, exclusive of doors, window and covercd porch areas, shall be at least 75%
Packet Pg. 1097

68.e
masonry, masonry veneer, Hardie plank, or other low maintenanee material approved
by the Arehiteetural Control Committee of the Las Colinas Assoeiation.
6. No roof with a composition type shingle may use a shingle with less than a 25-year
warranty without prior written approval of the Las Colinas Assoeiation's
Arehiteetural Control Committee.
7. The project is expected to provide a tax base of approximately $30,400,000 on 23.9

aeres of IWld.
Attachment: F: Letter from Hines Interests Limited Partnership (3067 : 11 ZC09-0057)

8. The existing Comprehensive Land Use Plan for the subject site provides for
commereial development. The site has remained vacant and undeveloped due to its
secondary position and shape for years and may remain vacant if held for commercial
uses.
9. The recent success of the single family in the previous phases of Emerald Valley
demonstrates the eompelling market demand for housing at this location.
10. The project will have its own homeowner's association to maintain its eommon areas
and amenities within the project.
In summary, we appreciate the staffs time, effort, and involvement in the process thus far. We
believe this proposed detached single-family home development will have a successful and
positive impact for the city.
!:tJ,~."
Hines Interests Limited Partnership
Packet Pg. 1098

68.f
,~,
u.",o. ."'
'.f.'
Attachment: G: Site Plan (3067 : 11 ZC09-0057)

= ,'...
,.".Ie,.. LOT "<T'IL
Packet Pg. 1099

68.g
PUBLIC COMMENT FORM
Department of Planning and Iinspections

PO Box 152288
J I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#lC09-0057.
I am AGAIINST the requested zoning as expfained on the attached public notice for Zoning Case
#lC09-0057.
Attachment: H: Public Comment Forms in Support Set 1 (3067 : 11 ZC09-0057)

PLANNING & ZONING
COMMISSION MEETING: November 16,2009,7 p.m.
City Hall, 825 W. lr'Jing Blvd., Irving, Texas

Name: N ANDA t~ d)1t1:J)~I:....L.,;tRlo..I.A...I....Ji~lQ..:l-· _

(please print)
Address: ~6{O LOS.T C.A yDI\[ R:D
T~'J / N 4. ]?( 7 5D6 ~
(if shown on enclosed map): ..:;z...c,oq -OO_S---l7 _
Signature: i..l",(([,.e;;;:;.-~-------------
Date: ll\~J~d()"'-1f----------
Phone (optional):
Please provide comments explaining the reasons for your; support or opposition:
:f- [; ke- f ~{ ) de'1-h'vJ II iCGI r '1 ba0:-.yq rcI__-+t;-=-GTIJ~_

CO(Y)~Yl~>J .
RECEIVED_ _
NOV 132009
p pepartment ot
Janning and Inspection SW
Packet Pg. 1100

68.g
PUBLIC COMMENT FORM

PO Box 152288
~I am FOR the requested zoninQi as explained on the attached public notice for Zoning Case
#ZC09-0057.
#ZC09-0057.

PLANNING & ZONING
COMMISSION MEETING: November 16, 2009,7 p.m.
CITY COUNCIL MEEjIING: December 3,2009,7 p.m.

City Hall, 825 W. Irving Blvd., lirving, Texas
Name: D~Q'(I~f1J~( ICu

Address:
Tax Account (DCAD) Number i 0 00

(if shown on enclosed map): --=-::--+=--"'~-T-"""""''''''''''''''''''~' :...;:~'-'-- O:;;...-;:;.~
.c" . ... _
Signature:
Date:
Phone (optional):
Please Iprovide comments explaining the reasons for your support or opposition:
sw
NOV 13 2009
Department of
Planning and Inspections
Packet Pg. 1101
68.g
PUBLIC COMMENT FORM

PO Box 152288
/ ' 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0057.
I am AGAINST the requested z;oning as explained on the attached public notice for Zoning Case
#ZC09-0057.

PLANNING & ZONING
COMMISSION MEETING: November 16,2009,7 p.m.
ClrTY COUNCIL MEETING: December 3,2009,7 p.m.

City Hall, 825 W. Irving Blvd., Ilrving, Texas
Name:
(please print)
Address: .2.255 L&4Ac..y

(if shown on enclosed map):
Signature:
Date:
Phone (optional):
Please provide comments explaining: the reasons for your support or opposition:
.,..
l~:l..s. W1-':l- UliA-Tb
REC
NO'J , 3 260'
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PUBLIC COMMENT FORM
(Please type or use black ink) aTEM NUMBER
-
.. ' ~ c ~ .
'l".I>..;}'-=
PO Box 152288 LP 3. Z COMMISSIOt-!.
-L. I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#lC09-0057.
#lC09-0057.

PLANNING & ZONING

CITY COUNCIL MEETING: December 3,2009,7 p.m.

Name: Lin (-' _€-

(please print)
S b T 1'1 tJ IYl Cl Ct=t n
Ad dress 'b 7 2 L as 1
7 C- C! '\7' 00 IZ ell I V"U--A'If
TX-7,>o£3
(if shown on enclosed map): :3~:: 7 >='1 00 A- 0 () I 00 00
Signature: !J;Ll
Date: \\ , r 2-' 0 q
Phone (optional):
sw
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ITEM NUMBER
PUBLIC COMMENT FORM
(PI""I> typ. or u•• bf.ck ink) ! . 5 -=
,.
Ceplrtment of ~anning and InspectIons P & Z COMMISSION
PO Bo. 152288
I am FOR llle reque1jled 4l::Qning ae eJ:ptalned on the atlached public notk:e for Zoning Cue
#ZC09-«l57.
I am AGAINST the requested zoning aa explained on the attached public notice for Zoning Case
#2C09-0057 .
Attachment: I: Public Comment Forms in Support Set 2 (3067 : 11 ZC09-0057)

Date, Location & Time gt.
PlANNING & ZONING

CITY COUNCIL MEETINQ: December 3, 2009, 7 p.m.

City Hell. 825 W. Irving Blvd., Irving, Texa8
Name: --blAN'DPr
(p168SfJ print)
MA:D1:::e A§\I
r
Address: ~ (? \ 5" La.. CI'rI\! YO"" P 'P
Tax A""""", (DeAD) Number ,.,

(hhawn on enclo.ed map): ~ _I
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al~fJ..I
Signature: ~
Dale: L\\lbl..c;Q~"I:S- _
Phone {optional):
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sw
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p.3
PUBLIC COMMENT FORM
(Pleasa type or use black Ink) ITEM NUMBEA
Department of Planning and Inspect/oM!!

PO Box 152288 P 8< Z COMMISSION
Irving, Te)(8S 7501!5·2288
::t..r.:=/ 1 am FOR the requested ::toniMg aa explained on the attached public notice for Zoning Case
#ZC09-o057.
I am AGAINST tne requeflled zoning 8S explained on the attached public notice for 20Ming Case
#ZC09·0057.

Date, location & TIme of:
PbANNING & ZONING
City Hall, 825 W. Irvll"l9 Blvd., Irving, Texas
CITY COUNCI6 MEETINJi: December 3, 2009, 7 p.m.
Name: &£.Uf;lA Pi "..7 vt}/';, A

(plesse print)
Address: %?--Sb Lv c;st::d MCH LM

(if shoYm on enclosed ma.p):
Signature:
Date: -ll!IS!Up9
Phone (optional): Ltb"l-s-~6 - '2.-(, '13
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PUBLIC COMMENT FORM ITEM NUMBER

(PleBS.. type or u... bl.ck ink)
I. ,5.:. ..;;.
PO Box , 52288 p & Z COMMISSION
)C I am FOR the reques1ed zoning as explained on 1he attached pUblic notice for Zoning Case
#ZC09·0057.
I am AGAINST the re<:jues1ed zoning as explained on the attached public notice for Zoning Case
#ZC09·0057.

PLANNING & ZONING
CITY COUNCIL MEETING: December 3.2009,7 p.m.

City Halt, 825 W. Irving Blvd., Irving, Texas
Name: llAYI S. Bu:PX?JlAl1Nlltl'--- _

(please pr;nt)
Address: ~611 LOST CANyoN j/J Tl!.YltJdt; on: .. 150&3
j#. 32.'101$lf OOaQ)OOOQO
Signature:
Date: II~,- _
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ITEM NUMBER
PUBLIC COMMENT FORM
(PINse type or use blaek ink) r .' 5 '
-~
Department of Planning and Inspections P & Z COMMISSION

PO Box 152288
-.:..L...- I am FOR the requested zoning as explained on the attIIc::hed public notice for Zoning Case
#ZC09·0057.
I em AGAINST tne reQuesled zoning as explained on the attad1ed public notice for ZOning elise
#ZCOll-0057.

Date, location & Time of;
PLANNING & ZONING

COMMIlj§IQN MEETING: November 16, 2009, 7 p,m.
City Hall, 825 W. Irving Blvd., Irving, Texa.
CITY COUNCIL MEETING: December 3, 2009. 7 p.m.

City Hall, 825 W. Irving Blvd., Irving, Texaa
Name: L ~e-~b~_~!.I..!:~l<l..!:J<!2I.
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Signature:
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Date:
Phone (optional): *6'1 - 'iL3S:- 4--4:4-1 _

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PUBLIC COMMENT FORM
(P/eese type or uae black Ink)
1
~ 5 '-=
P & Z COMMISSION
PO Box 152288
IlVlng, Texas 75015·2268
\/ I am FOR the requested zoning as explained on the attached putlilc notice for Zoning Case
#zCoe-0057.
I am AGAINST the requ8s1ed zoning as explained on the attached pUblic notice for Zoning Case
#Ze09-00S7.

Date, Location & T',me of:
PLANNING & ZONING
COMMISSION MEETING: November 16, 2009,7 p.m.
City Hall, 1325 W. Irving Blvd., Irving, Texae
CITY COUNCIL MEETlNG: December 3,2009, 7 pm.
City Han, 825 W. IrvJng Blvd.. Irving, Texas
Name:
Address:
...J..I\UIf\!G,,< -r'y, 7;;O{.3

Tax Account (DeAD) Number ,1)
(if shown on ene/oseO map) 2>A-9~ :5 '1 '¥ PA '/>~~/lJ£U~";!.S'i~¢!!- _
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ITEM NUMBER
(Plea". typ. or us. bl.e1< In1<)
. 5:_~
PO Box 152288
P & Z COMMISSION
#ZC09-0057.
#ZC09-0057.

PLANNING & ZONING
CITY COUNCIL MEEnNG: December 3. 2009, 7 p.m.

City Hall, 825 W. Irving Blvd., JIVing, Texas
Name:
(pieasa print)
Address: 2. 2.5"5" i-tH£C eVZ i¥<- ,A ? 11 _
":J. r 014 r ,-)c 7 5',:> tf'3
Signature:
Date: /J --.16 --7

Phone (optional): ''172- - 7/G! -o!I 0
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(Please type 0' u•• blaclc inlc)
, ~ 5 ,I
-=
Department of Planning and Inspections p & Z COMMISSION
PO Box 1 52288
IMng, Texas 75015-2288
\ /- I am FOR the requested zoning as axplained on the anached public notice for Zoning Case
#ZC09-0057,
I am AGAINST the requested zoning as explained on the anac.hed public notice for Zoning Case
#ZC09-0057,

PLANNING & ZONING
City Hall, 825 W.lrving BI.. d., lIVing, Texas
cra COUNCIL MEETING: December 3, 2009, 7 p.m.
City Hall, 825 W. Irving BI.. d., INing, Texas
Name:
(please print)
Address Z. 'z. S ~ C,,' '" 1+ C Y T /I.. (
~ i?2-1o?- 5;0 00 D () 0/ Q OOQ
Signature:
Date:
Phone {optional}:
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~ .'5~.;,
Department of Planning and Inspedions
PO Box 152266 P & Z COMMISSION
trvJ Texas 75015·2288
#ZC09·0057.
I am AGAINST the requested zoning 8S explained on the attached public notice for Zoning Case
#ZC09·0057.

PLANNING & ZONING

COMMISSiON MEETING: November 16. 2009. 7 p.m.
City Hall, 825 W. Irving Blvd., Irving, Texs8
ClTY COUNCIL MEETING December 3,2009,7 p.m.

City HslI, 625 W. Irving Blvd., Irving. Texas
Name:
(please print)
Address: ROol. t.=1" CA-Na~"

Signature:
----'~------
Date: IrlI3'~'f
Phone (optional):
Please provide comments explaining the reasons for your 8Upport or opposition:
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ITEM NUMBER
PUBLIC COMMENT FORM
(Plee"e type or use bleck ink) 5
Department of Planning and Inspedlons
P & Z COMMISSION
PO Box 152288
Irving Texas 75015-2288
:;7 1 am FOR the requested zoning as explained on the attacned public notice tor Zoning Case
#zeOS-COS7.
I am AGAINST tne requeeted zoning se explained on the attached public notIce for Zoning Case
#Ze09-o0S7.

PLANNING & ZONING
Cln COUNCiL MEETING: December 3, 2009, 7 p.m.

City Hall, 825 W. hving Blvd., Irving, Texas
Name:
Address:
Tax Account (DeAD) Number 3

n r."1 r
(if shawn on enclosed map): _ _--"=:..;2Q,-'"'LVr-7t.-..:;),4=O-"D~II~()c;O"_..:J.t_D~D""'():!<D'__ _
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PUBLIC COMMENT FORM

(Please type or use bleck Ink) IteM NUM13EA
r . 5 -",
Department of PlannIng and Inspections
PO Box 152266 P & Z COMMISSION
irving, Texas 15015·2288
\C:' I am FOR the requested zoning as explained on the attached publIc notrce for Zoning Case
#ZC09-0l)57.
I am AGAINST the requested zoning a& explained on the attached public notice for Zoning Case
#ZC09-0057
Date, Location & TIme of:

PLANNING & ZONING
COMMISSION MEETINg: November 10, 2009, 7 p.m.
City Hall, 825 W. Irving Blvd., Irving. Texa.
CITY CQUNCIL MEETING: December 3. 2009, 7 p.m.

City Hall, 825 W.lrving Blvd., Irving, Texas
Name: PRf-yA BeN:r ~LJ!J"" A

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Addres.s: <2."-6+ LDJJ"'v2€H-<:.&I
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'Pzv:J'.¥i. 1'>1 76D63
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Signature:
Date: Il ).u4-"'o'?'1---
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PUBLIC COMMENT FORM

, c 5
P & Z COMMISSION
PO Bel. 152288
V I am FOR the requested zoning as explained an the attached public notice for Zoning Case
#ZC09-0057
I am AGA'NST the requested zoning as explained on the attached public notice tor Zoning Case
#ZC09-0057.

PLANNING & ZONING
COMMISSION MEETING: November 16. 2009. 7 p.m.
CITY COUNCIL MEETING: December 3, 2009. 7 p.m.

City Hall, 825 W. Irving Blvd.• Irving, Texas
Name: P(7. AS A P l106r:r:LI.

(please print)
Address: ~"1 /I l--05T CANYoN 0-0, T12VI:N{" TX "1.JJ06:J

Signature:
Date:
Phone (optional):
Plea. . provide comments explaining the reasons for your 8Upport or opposition:
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PUBI.'C COMMENT FORM

(Please typo or use black Ink)
Department 01 Planning and. In,pections

PO Box 152288
INing, Texas 750'5-2288
t / I am FOR the requested zOr1lng as explained on the attached publIc; notice for Zoning Case
#ZCOS·0057.
I am AGAINST the T&Quested zoning WI explained en the attached public notice for Zoning Case
#ZC09~0057

Date, Local\on & Time 01:
PLANNING & ZONING
CQMMISSION MEETING: November 16, 2009, 7 p.m.
City Hall, 625 W_ Irving Blvd.. Irving, Texas
CITY COUNOIL MeETING: December 3.2009,7 p.m.
Cily Hall, 625 W. Irving Blvd., Ir....ing, Texas
Name -l.1a 1Ao.!M......J )' tj.."pkJ"""' _

(please print) V :()
Addre..: SGoL 6rf.l= ~1A1~{li-"4~--J~=~_---
Tax Acecunt (DeAD) Number 'S' CfJ '"
(~shown on enclosed rT'ap) } ~~d:: f<j f:) [:1 OQOQ
Signalure: ~f.'=--
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Date:
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phone (optional):
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PUBLIC COMMENT FORM

PO Box 152288
_--=/_ J am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0057.
#ZC09-0057.

PLANNING & ZONING
COMMISSION MEETING November 16, 2009, 7 p.m.
CITY COUNCIL MEETING: December 3, 2009, 7 pm.
Name:
Address:

Signature:
Date:
Phone (optional):
Pi;'~i:JjHn~111 ot
P/annlllg (f.ld InspecfioQS
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68.i
COMPREHENSIVE PLAN AMENDMENT#ZC09-0057 - RAND TRAIL PARTNERS, LP, APPLICANT, REQUESTS AN

AMENDMENT TO TI-lE LAND USE RECOMMENDATION OF TI-lE COMPREHENSIVE PLAN TO CHANGE THE
RECOMMENDED LAND USE FROM "RETAIL" USES TO "Low DENSITY RESIDENTIAL" USES. THIS PROPERTY IS
LOCATED ON APPROXMATELY 23.8 ACRES NORTI-I OF HOME DEPOT DR. BETWEEN RANCH TRAIL AM) MARKET
PLACE BOULEVAR>.
ZONING CASE #ZC09-o057, RAND TRAIL PARTNERS, LP, APPLICANT, REQUESTS A ZONING CHANGE FROM S-P-2
(GENERALIZED SITE PLAN) FOR C-C (COMMUNITY COMMERCIAL) DiSTRICT USES TO S-P-2 (GENERALIZED SITE
PLAN) FOR R-6 (SINGLE FAMILY) USES. THiS PROPERlY IS LOCATED ON APPROXIMATELY 23.8 ACRES NORTH OF
HOME DEPOT DR. BETWEEN RANCH TRAIL AM) MARKET PLACE BOULEVARn
Chairwoman Foust called on Ihe applicant
Danny Opitz, applicant's representative, gave an overview of the proposed request, adding thai if this
property is developed with single family uses, it will be annexed into the Las Colin as Association. He also
stated that the site will be platted wtth 95 single family homes and that they agreed with the staff
recommendations.
Chairwoman Foust called for individuals wishing to speak in favor of this item.
Manda Madiraju, 8615 Lost Canyon Rd stated his support for this item, adding that he would like to see a
green space area for the kids in the neighborhood.
There was no one else to speak in favor to this item. Chairwoman Foust then called for individuals
wishing to speak in opposition. There was no one to speak in opposition to this item.
Secretay Zapanta asked Mr. Opitz ifthere is a landscape plan in place.
Mr. Opilz staled that there is a landscape plan for the western portion of the property.
Steven Reed, Planning Manager, stated that the landscape plan is already incorporated in the Site Plan.
Secretary Zapanta moved to forward Comprehensive Plan Amendment #ZC09-0057 to City Council with
a favorable recommendation. Vice-Chairman Palmer seconded.
Chairwoman Foust recognized the motion on Ihe floor. There was no discussion of the motion.
Vice-Chairman Palmer moved to forward item #ZC09-0057 to City Council with a favorable
recommendation subject to the Comprehensive Plan amendment being approved and the site plan being
revised to combine note 10 with 16 and 14 with 17. Commissioner LaRose seconded the motion.
Chairwoman Foust recognized the motion on (he no or. There was no discussion of the motion.
The motion carricd unanimously.
Planning and Zoning Commission Minutes November 16,2009 Page 4

Packet Pg. 1117
68.i
Planning and Zoning Commission Minutes November 16, 2009- Page 5

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68.j
PUBLIC COMMENT FORM


PO Box 152288
X. I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0057.
#ZC09-0057.
Attachment: J: Additonal Public Comment Form in Support (3067 : 11 ZC09-0057)

PLANNING & ZONING

Name: p"."'.. . r P"J.e,1

(please print) -
.- - ....
Address: 'gtlS L~\ LMidll IU.. .:I'v;.),"p 15CU
:c v,", J). 1-$063
Tax Account (DCA D) Number
(if shown on enclosed map): .MA~O!l~DOO
Signature: ~ _
Date: (I/tyt!PD9
,
Phone (optional): &12) 55' -1'1d'f
Plea8e provide comments explaining the reasons for your support or opposition:
------------REeetvaJ,.--
NOV , 9 2009r---
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69
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3068


Plan) for R-10 (Single Family Residential) Uses - Approximately 52.46
Acres Located on the West Side of Riverside Drive, South of Customer
Way - Hines Las Colinas Land, LP, Owner/Applicant
November 16, 2009, Favorable 8-0 (Commissioner Fischer, absent) with the
stipulation that the site plan be revised to show the correct street names.
3. The applicant is requesting to rezone the property for modifications to the required
front yard and garage door setbacks.
4. The City Council previously approved Ordinance No. 5618 to rezone this property
the zoning of this particular tract as R-10, the applicant is requesting to retain the R-
5. In order to accommodate new design criteria specified by FEMA as part of their new
structural walls in some cases, and request adjustments in setbacks in other areas.
contract requirements. This allows the overall minimum lot depth to be reduced by
5 ft. The combination of reductions allows the applicant to meet the new levee
6. All of the other notes are being carried over from the previous site plan.
7. The stipulation of the Commission has been met.
8. Public notices were sent to four (4) property owners, with no letters in support or
Recommendation
Packet Pg. 1120

69
Commission.
ATTACHMENTS:
• F: Site Plan (PDF)

NONE
-2-
Packet Pg. 1121
69


TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE J.E. FIELD SURVEY,
ABSTRACT NO. 487, THE McKINNEY & WILLIAMS SURVEY, ABSTRACT NO. 1056, THE J.
SPOON SURVEY, ABSTRACT NO. 1632, THE A. FYKE SURVEY, ABSTRACT NO. 481, AND
THE W.D. DOWNING SURVEY, ABSTRACT NO. 391, AND LOCATED ON THE WEST SIDE OF
RIVERSIDE DRIVE, SOUTH OF CUSTOMER WAY, MORE FULLY AND COMPLETELY
SAID PROPERTY FROM S-P-2 SITE PLAN DISTRICT USE FOR R-10 AND R-6 USES UNDER
ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR R-10 USES
UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO
AND MADE A PART HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGU-
LATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP
-1-
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69
and
and
under a site plan district for use as R-10 uses with a site plan attached will further lessen the congestion

IRVING, TEXAS:
Being a tract of land situated in the J.E. Field Survey, Abstract No. 487, the McKinney
& Williams Survey, Abstract No. 1056, the J. Spoon Survey, Abstract No.1632, the A.
Fyke Survey, Abstract No. 481 and the W.D. Downing Survey, Abstract No. 391, City
of Irving, Dallas County Texas and being a portion of a tract of land described in
instrument to Hines Las Colinas Limited Partnership as recorded under instrument No.
200503641265 of the Deed Records, Dallas County, Texas (D.R.D.C.T.) and being a
portion of The Lakes of Las Colinas, an addition to the City of Irving as recorded under
document No. 20080382638 (D.R.D.C.T.) and being more particularly described as
follows;
-2-
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COMMENCING at a 5/8 inch iron rod found with plastic cap stamped “Huitt-Zollars” at
the southeast corner of said The Lakes of Las Colinas addition and being on the westerly
right-of-way line of Riverside Drive (a variable width right-of-way) as recorded under
Volume 85128, Page 1668 and Volume 85144, Page 2777 (D.R.D.C.T.);
THENCE North 05 degrees 25 minutes 21 seconds West, along the westerly right-of-
way line of Riverside Drive, a distance of 630.75 feet to a point for corner in the
centerline of Lake Crest Drive (a variable width right-of-way) as shown on the
aforementioned The Lakes of Las Colinas plat;
THENCE South 84 degrees 34 minutes 22 seconds West, along the centerline of said
Lake Crest Drive, a distance of 31.85 feet to the POINT OF BEGINNING;
THENCE along the centerline of said Lake Crest Drive, the following;
South 84 degrees 34 minutes 22 seconds West a distance of 147.61 feet to a 5/8

inch iron rod found with plastic cap stamped “Huitt-Zollars” at the beginning of
a curve to the right having a central angle of 12 degrees 15 minutes 32 seconds, a
radius of 600.00 feet and being subtended by a chord which bears North 89
degrees 17 minutes 52 seconds West a distance of 128.13 feet;
Along said curve an arc distance of 128.37 feet to a 5/8 inch iron rod found with
plastic cap stamped “Huitt-Zollars” at the beginning of a reverse curve to the left
having a central angle of 04 degrees 43 minutes 04 seconds, a radius of 2,000.00
feet and being subtended by a chord which bears North 85 degrees 31 minutes 38
seconds West a distance of 164.63 feet;
Along said curve to the left an arc distance of 164.68 feet to a 5/8 inch iron rod
found with plastic cap stamped “Huitt-Zollars” at the end of said curve;
North 87 degrees 53 minutes 10 seconds West a distance of 191.67 feet to a 5/8

a curve to the left having a central angle of 09 degrees 52 minutes 48 seconds, a
radius of 500.00 feet and being subtended by a chord which bears South 87
degrees 10 minutes 26 seconds West a distance of 86.11 feet;
Along said curve to the left an arc distance of 86.22 feet to an X cut found at the
end of said curve;
South 82 degrees 14 minutes 01 seconds West a distance of 192.24 feet to an X

cut found at the beginning of a curve to the left having a central angle of 13
degrees 09 minutes 39 seconds, a radius of 500.00 feet and being subtended by a
chord which bears South 75 degrees 39 minutes 12 seconds West a distance of
114.60 feet;
-3-
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69
Along said curve to the left an arc distance of 114.85 feet to an X cut found at
the end of said curve;
South 69 degrees 04 minutes 22 seconds West a distance of 198.50 feet to an X

cut found;
THENCE South 02 degrees 47 minutes 18 seconds West, departing the aforementioned

centerline of Lake Crest Drive, a distance 189.61 feet to point for corner on the dry side
of a concrete retaining wall for Lake Carolyn as described by boundary line agreement
recorded in Volume 86157, Page 0172 (D.R.D.C.T.);
THENCE along the dry side of a concrete retaining wall for Lake Carolyn, the
following;
South 81 degrees 07 minutes 47 seconds West a distance of 70.36 feet to a point

for corner;
North 89 degrees 54 minutes 54 seconds West a distance of 23.78 feet to a point

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;
North 17 degrees 46 minutes 14 seconds West point for corner a distance of

193.52 feet to a point for corner;

for corner;

for corner;
-4-
Packet Pg. 1125
69

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;
North 45 degrees 08 minutes 23 seconds West point for corner a distance of

30.36 feet to a point for corner;

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;

for corner;
-5-
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69

for corner;

for corner;
THENCE North 08 degrees 07 minutes 20 seconds West, departing the dry side of a
concrete retaining wall for the aforementioned Lake Carolyn,a distance of 81.90 feet to a
point for corner on the southerly right-of-way line of Fountainview Drive (a 52’ right-
of-way) as shown on the aforementioned The Lakes of Las Colinas plat;
THENCE North 35 degrees 09 minutes 05 seconds West a distance of 52.00 feet to a 5/8
inch iron rod found with plastic cap stamped “Huitt-Zollars” on the northerly right-of-
way line of said Fountainview Drive, said point being on the easterly line of Block A of
said The Lakes of Las Colinas plat;
THENCE along the easterly line of said Block A, the following;
North 18 degrees 34 minutes 12 seconds West a distance of 123.27 feet to 5/8

inch iron rod found with plastic cap stamped “Huitt-Zollars”;
North 12 degrees 21 minutes 14 seconds West a distance of 116.77 feet to a 5/8

THENCE North 00 degrees 53 minutes 00 seconds East, departing the easterly line of
the aforementioned Block A, a distance of 71.36 feet to a point for corner;
THENCE North 06 degrees 56 minutes 50 seconds West a distance of 233.67 feet to a

point for corner;
THENCE South 72 degrees 20 minutes 24 seconds West a distance of 4.62 feet to a

point for corner;
THENCE North 06 degrees 56 minutes 49 seconds West a distance of 14.02 feet to a 5/8
inch iron rod found with plastic cap stamped “Huitt-Zollars” on the southerly line of a
tract of land described in instrument to Dallas County Utility & Reclamation District as
recorded under instrument No. 20080371352 (D.R.D.C.T.);
THENCE along the southerly line of said Dallas County Utility & Reclamation District
tract, the following;
North 69 degrees 04 minutes 12 seconds East a distance of 793.98 feet to a 5/8



-6-
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69
South 88 degrees 59 minutes 06 seconds East a distance of 354.36 feet to a 5/8




inch iron rod found with plastic cap stamped “Huitt-Zollars”on the westerly
right-of-way line of the aforementioned Riverside Drive;
THENCE along the westerly right-of-way line of the aforementioned Riverside Drive,
the following;

a curve to the left having a central angle of 17 degrees 44 minutes 01 seconds, a
radius of 1,200.92 feet and being subtended by a chord which bears South 29
degrees 39 minutes 59 seconds East a distance of 370.22 feet;
Along said curve to the left an arc distance of 371.70 feet to 5/8 inch iron rod
found with plastic cap stamped “Huitt-Zollars”at the end of said curve;

a curve to the right having a central angle of 25 degrees 34 minutes 47 seconds, a
radius of 1,090.92 feet and being subtended by a chord which bears South 25
degrees 44 minutes 57 seconds East a distance of 483.01 feet;
Along said curve to the right an arc distance of 487.04 feet to a 5/8 inch iron rod
found with plastic cap stamped “Huitt-Zollars” at the end of said curve;


South 38 degrees 26 minutes 50 seconds West a distance of 28.33 feet to a 5/8

South 05 degrees 25 minutes 38 seconds East a distance of 40.50 feet to the

POINT OF BEGINNING and containing 52.46 acres of land,more or less.
-7-
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69
which is presently zoned S-P-2 Site Plan District Use for R-10 and R-6 uses under Ordinance No. 1144,
is changed to S-P-2 Site Plan District Use for R-10 uses under Ordinance No. 1144, subject to all the
of this ordinance.
-8-
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69
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-9-
Packet Pg. 1130
69.a

West Side of Riverside Drive, South of Customer Way
Owner/Applicant: Hines Las Colinas Land, LP
Location:
West Side of Riverside Drive, south of Customer Way
Size:
Approximately 52.46 acres

Existing Zoning:
S-P-2 (Generalized Site Plan) for R-10 and R-6 (Single Family
Residential) uses
Requested Zoning: S-P-2 (Generalized Site Plan) for R-10 (Single Family Residential)
uses
Notices mailed: 4
Responses in favor: 0 Responses opposed: a
% vote required? No
Case Summary
The applicant is requesting to rezone the property for modifications to the required front
yard and garage door setbacks.
Staff Analysis
• The City Council previously approved Ordinance No. 5618 to rezone this property
the zoning of this particuiar tract as R-10, the applicant is requesting to retain the R
• In order to accommodate new design criteria specified by FEMA as part of their new
structural walls in some cases, and request adjustments in setbacks in ather areas.

Packet Pg. 1131
69.a
Zoning Case ZC09-0041, cant.
contract requirements. This allows the overall minimum lot depth to be reduced by 5
ft. The combination of reductions allows the applicant to meet the new levee
• All of the other notes are being carried over from the previous site plan.

of this request by a vote of 8-0 (Commissioner Fischer, absent) subject to the site plan

being revised to show the correct street names. The stipulation has been met.
Approval.

Packet Pg. 1132
69.b

Case Location
Vicinity Map
Zoning Case
City of Irving ~N
No. ZC09;0058
Oal" Nov, 4 2009
Packet Pg. 1133

69.c

Zoning Case City of Irving ~N
No. lC09-0058
• • •C:::=::::J1 Fe'-c~
Dale Nov. 4 ~{jOH '500
Packet Pg. 1134

69.d
Property Under

Consideration
For Rezoning
132
200 Ft
Notification
Boundary ==::;:::=:~--·~~~W«IVW7t1-Mr.
1.

Zoning Case City of Irving !~N
No. ZC09-0058
Dale N8'a' 4. 20D9
Packet Pg. 1135

69.d
/;
I DCAD:...,ID Owner Name Address Line 1
1
1 322552900P01601 00 HINES LAS COLINAS LAND SUITEEPS
1, 2 322552900P01~OOOO HI~ LAS COLLNAS LAND , - SUITE635
3 32255290080240160
IHINES LAS CotlNAS LAND
--- SUITE 635

4 I322552900F0050000
HINES LAS COllNAS LAND SUITE 635'
5 32255~90080220000
SANDERS CUSTOM BUILDER LTO
- - "6 3225S2900LOO50000 HIPES CAs COLINAS LAND SUITE 635
7 3225529001-Kl0SOOOO HIPES LAS COLINAS LAND SUlTI;635
8 32255290080260100 ---
HrNES LAS COLINAS LAND SUITE 635
9 3~2552900P0140000----
HlPES LAS COLINAs LAND SUITE 635
10
322552900F0120000 r~ LAS COLINAS LAND SUITE 635
11
,60115500030141100 DALLAS COUNTY U R D % KEN HEFFL,er
12
322552900H0090000 HIlES LAS COLINAs LAND , SUlliE 635
13
mSS2900Bl04000o---'1HlN:S LAS COLINAS LAND SUlliE 635
14
322552900FOO10000 IHIIES LAS COLINAS LAND i SUlliE 635.
15
3225S2900A0170000 tNES LAS COLINAS llANO SUITE635
I 16
322552900POO70000 IHNES LAS COLINAS LAND I SUI,TE 635
17 32255290080270000 HINES LAS COLINAS h.ANO SUlTE635,
~ ---~
18 I 322552900HO040000 HINES LAS COLINAS LAND
SUITI;liJ6
19 322552900RD1X0100 HINES LAS COLINAS LAND

SUITE635
I i0 I
322552900ED03onDO HINES LAS COLINAS LAND
SUITE 635
IHINE$ LAS CQlINAS LAND

21,322S52900N11XOOOO
22 322552900POO60000
, --
HINES LAS COLINAS LAND
,SUITE 6'35
SUITE 635
2.3 322552900E15XOOOO' HINES LAS COLINAS LAND SUITE 635
24 322552900GOO50000 I HINES LAS COLINAS LA~Dl ISlJtTE635
25 322552900A0190000 HINES LAS COLINAS l..ANO SUlTE6JIii
26 3225529008021010~_lHlNES LAS COLINAS LAIIID SUITES35
27 32255290080,130000 HINES LAS COlINAs LAND sUlTE635
28 322552900RD1XOOOO HItES LAS COLINAS LAND SUITE, 635
29 322552900N0100000 fDARLlNG HOMES OF NORTH TEXAS l
-
30 322552900Bl050000 HIrES LAS COLINAS LA~ - SUITE 635

Zoning Case
City of Irving
No. lC09-0058
Page 1 of 6 Dale Nbv, 4, 2009
Packet Pg. 1136

69.d
...... - . - -
I # 1 DCADJD Owner Name Address Litle 1
'----
31 322552900FQ100000 DARLING HOM,ES OF 'NORTH T,EXAS IL
32 322552900E02000~ SANDERS CUSTOM BUILDERILTD
33 322552900F0010OUO HNEs LA'S COLINAS LAMJ ti""U1 n:~35

34 322552900G01XOOQa, HNES lAS COllNAS L.AND SUITE 635
35 322552900E02201Qf IHINES lAS COUNAS, LAND SlJTE635
,
36 60115500030141900 DALLAS COUNTY U R 0
- ~NDERS CUSTOM BUILDERS LTD bKEN HEfFLEY
37 322552900eo170000
-
38T322552900P0120000 H16 LAS COLINAS LAND SI!JTE615
39 322552900P0180100
- HNES iLAS COLINAS LAND SlJI1E6.35
40 3225529DOHOO30000 HfIIe> ILAS COLINAS lAND SlJITE635
41 32255290060010100 HNES LAS COLINAS LAND SlJliE'635
I 42 32255290060090000 iiiNES LAS COLINAS LAND SUTE635
1
43 322551900B0ii0000 ! HNES LAS COLINAS LAINO SlJIrrE 635
44 32255290080120000 IHNES LAS COLINAS LA'ND Sl.lI1i'rE&35
- 45.322552900Po0800001 HNES LAS COLINAS LAND SlJIiI"E63!
46 322552900E0200100 l SANDERS CUSTOM BUILDER L TO
47 322552900F0090000 t-IINES LAS COLINAS LAND I SUlrlE 635
- -
48 322552900E0080000 SANDERS CUSTOM BlJIlOERs lTD
49 322552900ED230000 SANOERS CUSTOM BUILDER LTD
50 3225S2900EOO20000 SANDERS CUSTOM BUlLDER LTO
51'32255290080250100 HNES LAS COLINAS LAND SUTE635
52 322552900L08XOO00 IHNES LAS COLINAS LAND 'iUTE635
53 32255290080020100 . SANDffiS CUSTOM BU1LlDERLTO
54 322552900A0210000 HNES lAS COUNAS LAND SUITE 635
I
55!322552900N0010000 HNES LAS COLINAS LAND Sl:lTE635
56132255290080160000 ---- tiNES LAS COLINAS LAND Sl.ITE635
57 I322552900ED180000 SANOffiS CUSTOM BUILDER l TO
-
58ff01155010030141800
- MUAS COUNTY U R 0 % KBII HB'FL EY
1
59 322552900GOO10000 HNES LAS COL.lNAS LAND SlJITE63, 1
60, 322552900HOO60000 HINES L.AS COLINAS LAND SUlTE635 I

City of Irving
Zoning Case
No. lC09-0058
Page 2 of 6 D"le Nuv. 4 J.(J()~
Packet Pg. 1137

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I ;i-'ll OCAD 10 Owner Name Address Lille 1

61 60115500030040600 LiNcoLN NORTImEST ,PHASE II LP % JefF COURTWRIGHT & DAN JACKS
62 322552900FOO30000 jHlNfS LAS COLINAS LAND SOlTE635
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63 322552900HOO80000 HNES I,.AS COLINAS-LAN) 'SUliI"iE63S

-
64 3225529008),110000 -I-INES LAS COLINAS LAND surE 635
65132255290080190000 DARliNG IHOM ES OF NORTH TEXAS L
-
66 322552900E27XOOOO HII\IfS lAS COLINAS LAND 5UTE635
-
67 322552900F14XOOOO HINfS LAS CQ!.'INAS LAND ,SU'TE635
6~ 32255290080010000 H1te LAS COLINAS LAJIIJ SUTE,635
6!i1 32;2!i52900E27X0100 HlI'oES LAS COLINAS LAI'D SlJTE635
70 322552900FOO20000 HM:S LAS COlJJNAS LAN) SlATE 635
71 3225529GOA014000a HNES LAS COLINAS LAN) SlJJITE635
72 322552900N0010100 fRNES LAS COLINAS LAtoI> SUITE 635
- 73 322552900ED090100 HINES LAS COLINAS LAND Sl!!IITE635
-
74 65048777010021600 I-DALLAS COUNTY U R D % KEN HEFFUEY
75 60115500030044400 DALLAS COUNTY URD JACKYLKOOX
76 322552900ED260000 HINES LAS.cOLINAS LAND iSUlTE635 I
77 322552900E0070000 HUES LAS COLINAS LAND ISUlTE635
I
78 322552900FQ080000---- HINES LAS COLINAS LAND I SUlliE 635
f
79 32255290080010000
iOO 322552900HOO70000
Q:1 322552900P10X0200
DARLING HOM'ES OF NORTH TEXAS L
IHftES LAS COLINAS LAND
IHINES LAS COLINAS tAt>IJ
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SUlTE'635
I SlJI'TE 635 I
82 60115500030044300 'HIrES LAS COI,JNAS lAI I :WTE635
83 322552900A0130000 HINES LAS COLINAS LA/IIJ SUItE 635
84160115500030043000 jHINES bAS COLINAS LAND SUITE 635
-
85 l 322552900GOO40000 HINES LAS COLIKAS LANID SUTE635
-
~61322552900A0160000 ,HINES LAS COLINAS LAND SUIT I; 635
-
87 322552900R01X0300 HII'£S LAS COLI~S LAII[) SUITE: 635
88 322552900P0100000 HIl'£S LAS COLINAS LAND SUITE 635
-
89 i22552900POI150000 IHI/'oES LAS-COLINAS LAND SOTE6.35
90 32255Z900P01800QO - iiif'oES LAS COUINAS LAN;) Sl!!MTE635

Zoning Case
Ci(¥ of Irvin.g
No. lG09-0058
Page 3 of 6 Dale Nov, 4 2009
Packet Pg. 1138

69.d
# I OCAO 10 Owner Name Address Line 1

91 32255290080100000 HINES lAS CO£.INAS LAND SlJTE63S
i
92 322552900P0090000 KINES LAS COLINAS LAND Sl:nE635

93 322552900A0200000
HINES LAS COLINAS LAND SlfrE635
94 32255290080110000 HINES LAS COLINAS LAND SUITE 635
95 322552900P0110100
1rt11'l:S,LAS CQLIHAS LAND Sl/ITE 635
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97 6011~5500030140600 DALLAS cowry U R D

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98 322552900Bl060000 ISANDERS CUSTOM BUIL~ LTO

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99 I 322552900L0040000 HINES LAS COlINAS lAND SUITE 635
100 322552900F0040000 HINES LAS CbllNAS LAND SUliflE63s
101 3~552900H0010000 HINES LAS COLINAS LAND ,SUITE 635
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103 322552900F0110000 ..!:~)taRS CUSTOM BUlLDffiS LTD
104 322552900A0180000 ..N:$ LAS COLINAS LA~ SUITE 635
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105 322552900L0020000 HI~ LAS COLINAS LAND SUITE 635
-
106 322552900H08XOOOO 11ilr6 LAS COUNAS LAND SUITE 635
I
107 601155.000301411200
DALLAS COUNliY U R 0 %KENHEFF~
- 108 i225529~040000 HlNES LAS C'OlINAS LAND SIlftE635
I
109 322552900LOO60000 HiNEs LAS Cci:iNASLANO SlJIrE635
110 322552900Bl140000'
HINES LAS COlINAS LAND SUITE 635
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1,11 322552900Bl21 0000 HINES LAS cbt..lNAS LAND SlJTE635
- - ----:r:i'2 322552900H0020000 HII'S LAS COLINAS LAND S!J"liE635
113 322552900P0190000
HINES LAS COLINAS LAND SliTIS 63S,
1
114 322552900NOO30000 HrtES LAS COLrNAS LANTI SUlTE'635
115 322552900G0020000
HINES LAS COLINAS LAND SUlTE03!
116 322552900P0130000 HINES LAS COLINAS LAND SlJITE635
,
117r322552900Bl230100 SANDERS CUSTOM BUILDER LTO
118 I322552900N0090000 IDARLING HOMES OF NORTH TEXAS L
119 322552900N0010000
HtIiES l.AS COlINAS LAND ISUlTE63S
1
120, 32255290080100000 'HINES LASCOlINAS LAND SlJTE635

Zoning Case
City ,of Irving
No. lC09-0058
Page 4 of 6 'Dale. No" 4 2009
Packet Pg. 1139

69.d
# II OCAD m r Owner Name Ad'dres·s Une 1

121~65048777010050100 lDALLAS COWNTY URD % KEN H!3=FLEY CONTROLLER
I~
122 322552900N008000g HINES LAS COLINAS LAND SUITE 635
123 322552900A0115000D---.:iiNES LAS COLINAS LAND,

ISUII'TE 635.

r------ 1'24 322552990F0130000 HINeS LAS COLINAS LAND SUliI"E635
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1~322552~ONOO50000 ----.:iiNES LAS COLINAS lAND ISUITE~5
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126 322552900LOO70000 1HINES LAS COLINAS LAND ISUITE 635
12~t~22552900P0170000 IOARLING HOM ES OF [NORTH IiEXAS L 1
~28 60115500030044200 ,DALLAS COUNTY URn JACIff II. KNOX.
~52900N0110000 •HINES I.,AS COllNAS LAND SUITE:6J5
130 322552900E0120000 HINES LAS COLINAS LAND SUiTEtn5
131 i322552900F0140000
- HINES LAS COLINAS LAND . SUITE 635
-- 132 65048777010023100 DAL,"-AS COUNTY U R D % KEN HEFFLEV
133 322552900,"-0030000 HINES LAS COLINAS L~ND SUITE 635
134 60115500030141700 llRVING
, CITY OF PARK PROPERTY 1993.2A
135 322552900F0060000 SANDERS CUSTOM BUlL~ b TO
-
136 32255290010080000 HINES LAS COLINAS LAND SUITE 635
137 ~55290oLo010000 HNES LAS COLINAS LAND SUlTE635
138 322552900NG060000 HINES LAS COLINAS LAND SUIT!; 63!i
139 3~2552900P10XOOOO ~~NES LAS COLINAS LAND SUITE 635
1- 140 322552900E0150000 HINES LAS COLINAS LAND ISllITE6is
I 1411132255290~ED250000 'HIt>{E5 lAS Cm..lNAS LAND ~SUITE635
142r~2255290QED240000 ,HINES LAS COLINAS LA SUITE 635
143 322552900N0020000 I HNES LAS COLlNAS LAND [SlJITE635
1441322552900~030000 HINES lAS COLINAS LAND SUlTE635
145'32255290010070000 IHiNES LAS COLINAS LAND SUllE635
-- HINES LAS COLINAS LA~
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146 32255290010040000
14713225529001001 (lOO-O HINES LAS COLINAS LA'ND - SUITE63S
SUITE 635
,... 148 3225'5290010090009 HINES LAS COl.INAS LAND SUITE 635
149 32255290010080000 tiNEs LAS eOLINAS' LAND --JSUITE 635
150 32255290010060000 SAf'.{OI;RS CUSTOM BUILDERS LTO %JlllftSCHWALLS & ASSOC INC
Property Owner Notifioation list

loning Case City of Irving
No. le09-0058
Page 50f6 Date Nov, 4, 2CC3
Packet Pg. 1140

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I # DCAD_rD Owner Name II Address Line 1
151 32255290010050000 SANDERS CUSTOM BUILDERS Ii.. TD %JIM SCHVVALLS & ASSOC INC
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152 322552900~020000 HINES LAS COLINAS LAND SUITE 63S
153 32255290010030000 f,lINES LAS COLINAS LAND SUITE 635
154 <Null> CITY OF IRVING %VIVIAN BALLOU

Zoning Case
City of Irving
No. ZC09-0058
Page 6 of 6 D"[~ NOv, 4, 2009
Packet Pg. 1141

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Attachment: F: Site Plan (3068 : 11 ZC09-0058)

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ZONING CASE #ZC09-0058, HINES LAS COLINAS LAND, LP, APPLICANT, REQUESTS A ZONING CHANGE FROM S·
P-2 (GENERALIZED SITE PLAN) FOR R-10 AND R-6 (SINGLE FAMILY) DISTRICT USES TO S-P-2 (GENERALIZED
SITE PLAN) ) FOR R-10 AND R-6 (SINGLE FAMILY) DiSTRICT USES. THIS PROPERTY IS LOCATED ON
APPROXIMATELy52.46 ACRES ON THE WEST SIDE OF RIVERSiDE DR., SOUTH OF CUSTOMER WAY.
Danny Opitz, applicant's representative, gave an overview of the proposed request, adding that his
request is to retain the previously approved R-l0 zoning; his request is for modHications to the front yard
and garage door setbacks. He stated that the reason for the rezoning is because of new guidelines and
stipulations recently approved by FEMA.
Chairwoman Foust called for individuals wishing to speak in favor of this item. She then called for
Discussion was closed 10 \he floor and returned to the Commission for their consideration and a motion.
Vice-Chainnan Palmer moved to forward item #ZC09-0058 to City Council with a favorable
recommendation subject 10 the Site Plan showing the correct street names. Commissioner Spurlock
seconded the motion.

Packet Pg. 1143
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AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3069


Plan) for P-O (Professional Office) District Uses - Approximately 2.9 Acres
Located at 204 East Airport Freeway - Healthspace JVI, LLC, Applicant -
Argonaut Holdings, Inc., Owner
16, 2009 - Postpone to December 7, 2009, 8-0 (Commissioner Fischer, absent).
3. The applicant is requesting to rezone the property for medical offices and service
uses.
4. The property is currently developed with a 15,659 square foot single story building
5. This property is within the proposed State Highway 183 Overlay District, and is
being impacted by right-of-way acquisition along the frontage. Staff discussed the
proposed Overlay District with the applicant, who agreed to provide new
landscaping and a revised parking layout in keeping with the proposed Overlay
standards. A 30 ft. deep landscaped buffer is being provided inside the new
property line, along with a landscaped buffer on both sides and landscaped strips
within the parking lot. New landscaping and trees are also proposed in the parking
areas behind the building.
6. The applicant proposes to do minor interior renovations to the building to create
standards, staff believes the current building meets the intent with its existing
articulation.
7. Staff believes this proposed redevelopment is consistent with the vision for the
redevelopment of the State Highway 183 corridor, and can serve as an example of
how existing properties can be improved.
8. On November 16, 2009, the applicant requested that this request by postponed by
the Planning and Zoning Commission to December 7, 2009. Therefore it is
necessary for the City Council to postpone the case to January 14, 2010.
9. Public notices were sent to thirteen (13) property owners, with no letters in support
or opposition received.
Recommendation
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ATTACHMENTS:

NONE
-2-
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TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE SATURN OF IRVING
ADDITION AND LOCATED AT 204 EAST AIRPORT FREEWAY, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM C-OU-2 COMMERCIAL OUTDOOR DISTRICT USE
UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR P-O
USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED
HERETO AND MADE A PART HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND
REGULATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP
-1-
Packet Pg. 1146
70
and
and
under a site plan district for use as P-O uses with a site plan attached will further lessen the congestion

IRVING, TEXAS:
Lot 1, Block A, Saturn of Irving Addition
which is presently zoned C-OU-2 Commercial Outdoor District Use under Ordinance No. 1144, is
changed to S-P-2 Site Plan District Use for P-O uses under Ordinance No. 1144, subject to all the
of this ordinance.
-2-
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70
-3-
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 1149
70.a

204 E. Airport Freeway
Agenda Dale: December 3, 2009
Owner: Argonaut Holdings, Inc.
Applicant: Heallhspace JVI, LLC
Location: 204 E. Airport Freeway

Existing Zoning: C-OU-2 (Commercial Outdoor) uses
Requested Zoning: S-P-2 (Generalized Site Plan) for P-O (Professional Office) uses
Notices mailed: 13
Responses in favor: 0 Responses opposed: 0
% vote required? No
Case Summary
The applicant is requesting to rezone the property for medical offices and service uses.
Staff Analysis
• The property is currently developed with a 15,659 square foot single story building
• This property is within the proposed State Highway 183 Overlay District, and is being
impacted by right-of-way acquisition along the frontage. Staff discussed the
proposed Overlay District with the applicant, who agreed to provide new landscaping
and a revised parking layout in keeping with the proposed Overlay standards. A 30
ft. deep landscaped buffer is being provided inside the new property line, along with
a landscaped buffer on both sides and landscaped strips within the parking lot. New
landscaping and trees are also proposed in the parking areas behind the building
Department of Planning and Inspections Page lof2

Packet Pg. 1150
70.a
• The applicant proposes to do minor interior renovations to the building to create

standards, staff believes the current bUilding meets the intent with its existing
articulation.
• Staff believes this proposed redevelopment is consistent with the vision for the
redevelopment of the State Highway 183 corridor, and can seNe as an example of
how eXisting properties can be improved.
• On November 16, 2009, the applicant's representative requested postponement of
this case to the December 7, 2009 Planning and Zoning Commission meeting.


On November 16, 2009, the Planning and Zoning Commission postponed this case to
December 7, 2009 per the applicant's request by a vote of 8-0 (Commissioner Fischer,
absent).
Packet Pg. 1151

70.b

Vicinity Map
Zoning Case City of Irving f~N
No. lC09-0061 __-===:::JI Fed
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Zoning Case
City of Irving
No. ZC09-0061
'Dah' No..... 3 2009
Packet Pg. 1153

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Packet Pg. 1154

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#
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DCAD_ID Owner Name Address Line 11
1 320354900A02ROOOO STERLING IRVING TX LLC STERLING #46-1 RV ING
2 324701 000A001 00001 ARGONAUT HOLblNGS INC
-
3 320354900A01ROOOO DB & BB P,ROPERTIES UP
4 320775500A00100001 ClliY OF IRVING
5 322158000A0010000 FOlID LEASiNG DEV CO STI; HOD
6 320355100A0010000 FEiZY PPTlES LTO
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10 32329500010010300 TEXAS 5T AT E OF IRlGHi!" OF WA'{ DIV ISION
11 324615S00A0020000 IRVING CITY Of
1213232950001001V~1lO1 I..oss TOMM,Y FAMII..,Y 'UMI,TED PARTNERSHIP I,. TO
13j<NulI> CITY OF IRVING %VIVIAN !BALLOU
I 14 <NUll> INICHOLS PARI< NHA %BLECNPARKS

Zoning Case
City of Irving
No. ZG09-0061
Page 1 of 1
Packet Pg. 1155
70.e
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Planning and lnspe Packet Pg. 1156
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ZONING CASE #ZC09-0061, ARGONAUT HOLDINGS, INC., APPLICANT, REQUESTS A ZONING CHANGE FROM
C-oU-2 {COMMERCIAL OUTDOOR) DISTRICT USES TO S·P-2 (GENERALIZED SITE PLAN) FOR P-O
(PROFESSIONAL OFFICE) DiSTRICT USES TO ALLOW MEDICAL OF ACES AND SERVICE USES. THIS PROPERTY
IS LOCATED AT 204 E. AIRPORT FREEWAY.
Secretary Zapanta read this item into the record, stating that the applicant would like postponed of this
item to the Monday, December 7,2009 meeting.
Chairwoman Foust called for individuals wishing to speak in favor of this ilem. She then called for
Discussion was closed to the floor and retumed to the Commission for their consideration and a motion.
Secretary Zapanta moved to postpone ilem #ZC09·0061 to the December 7, 2009 Planning and Zoning
meeting. Vice-Chairman Palmer seconded the motion.
Discussion lime: 2 minutes
Planning and Zoning Commission Minutes November 16, 2009 Page 7

Packet Pg. 1157
71
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3065


Plan) for C-N (Neighborhood Commercial), Convention Center, Retail,
Entertainment, Hotel, Restaurant and Related Uses - Approximately 23.81
Acres Located at the Northwest Corner of Las Colinas Boulevard and
Fuller Road - City of Irving, Owner/Applicant
16, 2009, Favorable 8-0 (Commissioner Fischer, absent).
3. The applicant is requesting rezoning to allow entertainment, hotel, restaurant,
convention center, and other related uses on the subject property. The proposed
use is the City of Irving entertainment venue, which includes a performance hall,
restaurants, and retail shops.
4. The Comprehensive Plan recommends Mixed Use for this property. The proposed
5. This zoning change allows the following uses:
• All uses permitted in the C-N (Neighborhood Commercial) zoning district, which
• Convention Center and related uses
• Indoor and outdoor entertainment uses
• Outdoor retail and restaurant service uses, including temporary vending
establishments
• Hotel and related uses
• Recording studios, radio and television studios, and broadcast facilities,
• Parking garage
• Transit stations
6. The site plan includes modifications to the standard building setback requirements,
Protection Easement.
7. Public notices were sent to eight (8) property owners, with no letters in support or
Recommendation
Packet Pg. 1158

71
The ordinance be approved per the recommendation of the Planning and Zoning
Commission.
ATTACHMENTS:
• E: Property Owner Notification Map (PDF)

NONE
-2-
Packet Pg. 1159
71


TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE IRVING CONVENTION
CENTER ADDITION AND LOCATED AT THE NORTHWEST CORNER OF LAS COLINAS
BOULEVARD AND FULLER ROAD, MORE FULLY AND COMPLETELY DESCRIBED IN THE
BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY
FROM M-FW FREEWAY DISTRICT USE UNDER ORDINANCE NO. 1144, AS AMENDED TO
S-P-2 SITE PLAN DISTRICT USE FOR C-N, CONVENTION CENTER, RETAIL,
ENTERTAINMENT, HOTEL, RESTAURANT, AND RELATED USES UNDER ORDINANCE NO.
1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO
LAND USE; CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO.
1144; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE
PURPOSE OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE;
PROVIDING THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE
ZONING ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
-1-
Packet Pg. 1160
71
and
and
under a site plan district for use as C-N, convention center, retail, entertainment, hotel, restaurant, and
related uses with a site plan attached will further lessen the congestion in the streets; help secure safety
from fire, panics, floods, and other dangers; promote health and general welfare; provide adequate light
and air; prevent the overcrowding of land; avoid undue concentration of population; facilitate the
adequate provisions of transportation, water, sewers, schools, drainage and surface water, parks and
other public requirements;

IRVING, TEXAS:
LOT 2, BLOCK A, IRVING CONVENTION CENTER ADDITION
which is presently zoned M-FW Freeway District Use under Ordinance No. 1144, is changed to S-P-2
Site Plan District Use for C-N, convention center, retail, entertainment, hotel, restaurant, and related
uses under Ordinance No. 1144, subject to all the requirements of Ordinance No. 1144 and subject to
all the requirements and conditions of Section 1-A of this ordinance.
-2-
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71
-3-
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71
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 1163
71.a

Irving Entertainment Venue
Case Manager: Ken Bloom, AICP, Chief Planner
OwnerlApplicant: City of Irving
Location: Northwest Corner of Las Colin as Blvd and Fuller Drive
Existing Zoning: M-FW (Freeway)

Requested Zoning: S-P-2 (Generalized Site Plan) for C-N (Neighborhood Commercial),
Convention Center, Retail, Entertainment, Hotel, Restaurant and
related uses
Notices mailed: 8
Responses in favor: 0 Responses opposed: 0
Case Summary
The applicant is requesting rezoning to allow entertainment, hotel, restaurant,
convention center, and other related uses on the sUbject property. The proposed use is
the City of Irving entertainment venue, which includes a performance hall, restaurants,
and retail shops.
Staff Analysis
• The Comprehensive Plan recommends Mixed Use for this property. The proposed
• This zoning change allows the following uses:
o All uses permitted in the C-N (Neighborhood Commercial) zoning district, which
o Convention Center and related uses
o Indoor and outdoor entertainment uses
o Outdoor retail and restaurant service uses, including temporary vending
establishments
o Hotel and related uses
o Recording studios, radio and television studios, and broadcast facilities,
o Parking garage
o Transit stations

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71.a
Zoning Case ZC09-0062, cant.
• The site plan includes modifications to the standard building setback requirements,
Protection Easement

of this case by a vote of 8-0 (Commissioner Fischer, absent).
Slaff Recommendation
Approval.

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71.b

Case Location
Vicinity Map
No. ZC09-0062
Date Nu\' 3 2009
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71.c

---/
17
'1
Rl)NEWA'I

Zoning Case Ci(y of Irving
No. ZC09-0062
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71.d
Attachment: E: Property Owner Notification Map (3065 : 11 ZC09-0062)

t:3
11
10
200 Ft Property Undeli'

Notification Consideration
Boundary For Rezoning
Bi'l-UNE WAY

City of Irving
(j
Zoning Case N
No. ZC09-0062
~ov :) 2Ci09
__-=====::11 F,,'
Packet Pg. 1168

71.d
Attachment: E: Property Owner Notification Map (3065 : 11 ZC09-0062)

,
# I DeAD_ID Owner Name Address Line 1
1.1322085600A0020000 LF~VING CITY OF
2 322085600A0010000 IRVING CITY OF I
3 6011550003014040Q DALLAS COUNTy U R D % ~ i-lEFFLEY
-
4 32703000000000000 ~LENNIl..I\II CENTER lP 31ST FLR
- 5 60115500030053000 [TRACT 10 PPTIES LP A liTN: GRANT LORlMlffi
6 322590700A0010000 AGS ENTURES INC STE540
7 60115500030140700 DAL.LAS COUNTy U R D %~I'EFFLEY
8 60115500010021400 BFiLAS COLi'NASLP % BfNTJ,.EYFORBES STE 2300
- 9 320043QOOA0010000 CP FORT WORTH L TO ~
f
10 60115500010150000 DALLAS COUNliY 'U R D % KBII J-EFFLEY
11 60115500010150100' SF LAS COLINAS LP % BENTI!.EYFORBES STE 2300
12 322577300A0010000 .LBUBS 2002·C2 I%LtoRPARTNffiS INC
13,60115500030056600 liRACT 10 PPTIES lP A ITN: GRAm L.QRlMER
141<Null> C lTV OF 'IRV 100 %VVI'AN BALLOU

City of Irving
Zoning Case
No. lC09-0062
Page 1 of 11 Dale: Nov,:1 7.11(l;'
Packet Pg. 1169

71.e
POL""". " '

-\--~
.....
'-'--~
"
--~ - - ---------

/
~{ :::i=ii:.1:~'.:..,"" i
,,::=::.;.;,'
Packet Pg. 1170

71.f
ZONING CASE #ZC09-0062, C ITY OF IRVING, APPLICANT, REQUESTS A ZONING CHANGE FROM M-FW
(FREEWAY) DISTRICT USES TO S-P·2 (GENERALIZED SITE PLAN) FOR C-N (NEIGHBORHOOD
COMMERCIAL), CONVENTION CENTER, ENTERTAINMENT, HOTEL, RESTAURANT AND RELATED USES. THIS
PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF LAs COLINAS BLVD. AND FULLER DRIVE.
Chairwoman Fousl called on the applicant.
Steven Reed, Planning Manager, gave an overview of the proposed request, adding thal this zoning case
is being developed in conjunction wilh lhe convention center. He also stated thatlhis project has been on
the works for many years and is consislent with the Comprehensive Plan.
Chairwoman Foust called for individuals wishing to speak in favor of this ilem. She then called for
Discussion was closed to the floor and relurned to the Commission for their consideration and a motion.
Commissioner Spurtock moved to forward item #ZC09-0062 to City Council with a favorable
recommendation. Commissioner Gregory seconded the motion.
Ayes: Eugenia Foust, David Palmer, AI Zapanla, Tom Tannehill, Douglas Gregory, Michael
There was no other business before the Commission and the meeting was adjourned at 7:43 p.m.

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72
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3059

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

Fill Two Two-Year Terms Expiring January 2012 and One Unexpired Term
Expiring January 2011
2. Impact: The board is responsible for maintaining flood control programs in Section
III (Valley Ranch area).
3. The board members must own taxable land within the district.
Recommendation
.
Current members, William Correa and Chris Wallace are eligible for reappointment.
Rakesh Patel has moved out of the district, leaving one vacant position.
ATTACHMENTS:
IFCD III 11-18-09 (PDF)

None
Prepared: 11/6/2009 03:08 PM by Jennifer Dwyer
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72
CITY OF IRVING

SECTION I. THAT the following individuals be and are hereby reappointed to the Board of
Directors of Irving Flood Control District, Section III:
William Correa
Chris Wallace
said terms of office expiring January 2012, and the appointment of:
__________
said term of office expiring January 2011.
As a result of the appointments heretofore stated, the Board of Directors of Irving

Flood Control District, Section III, is represented by the following:
Term Expiration
Kim Andres January 2011
Chris Calvery January 2011
__________ January 2011
William Correa January 2012
Chris Wallace January 2012
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72
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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72.a
Packet Pg. 1175

Attachment: IFCD III 11-18-09 (3059 : 02 Appt IFCD III)
73
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3061

Resolution -- Appointing a Board Chair to the Tax Increment Reinvestment

Zone Board with a Term Expiring January 2011
2. Impact: In accordance with the city ordinance, the Council must appoint the Chair
of this board yearly.
Recommendation
.
It has been recommended that Robert Stewart continue to serve as TIF Chair.

None
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73
CITY OF IRVING

SECTION I. THAT Robert Stewart is hereby appointed as Chairman of the Tax Increment
Reinvestment Zone Board of Directors, said term of office expiring January 2011.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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74
AGENDA ITEM SUMMARY
Meeting: 12/3/2009 DOC ID: 3060

Resolution -- Appointments to Boards, Commissions, and Committees, to

Fill Two Year Terms Expiring November 2011, and Various Unexpired
Terms for the Following: Arts Board, Building and Standards Commission,
Construction Board of Appeals, Library, and Zoning Board of Adjustments
and Appeals
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures that our residents have a voice in city government
3. These positions represent the remainder of vacancies on the city boards.
Recommendation
.
Place 4 on the Arts Board is now vacant and may be filled at this time.
ATTACHMENTS:
Board Vacancies (PDF)

None
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74
CITY OF IRVING

SECTION I. THAT the following individuals be and are hereby appointed as members of the
Irving Arts Board:
__________, Place 4
__________, Nonvoting Hotelier, Place 2
said terms of office expiring November 2010.
As a result of the appointments heretofore stated, the Irving Arts Board is represented
by the following:
Term Expiration
Robin Beggs, Place 2 November 2010
__________, Place 4 November 2010
George Primo, Place 6 November 2010
JoAnn Bresowar, Place 8 November 2010
Herlinda Glasscock, Place 10 November 2010
Melody Gamblin-Bullock, Place 1 November 2011
Katherine Howard, Place 3 November 2011
Dr. Alice Owen, Place 5 November 2011
Tim Mershon, Place 7 November 2011
Robert Dauber, Place 9 November 2011
James Bullock, Place 11 November 2011
Nonvoting Hotelier
__________, Place 2 November 2010
Tiffany Zielins, Place 1 November 2011
SECTION II. THAT the following individual be and is hereby appointed as a member of the
Building and Standards Commission:
__________, Place 2 (Alternate)
said term of office expiring November 2010.
As a result of the appointment heretofore stated, the Building and Standards
Commission is represented by the following:
Term Expiration
Randy Boatright, Place 2 November 2010
Steve Hillier, Place 4 November 2010
__________, Place 2 (Alternate) November 2010
Oscar Ward, Place 4 (Alternate) November 2010
Alan Fennell, Place 1 November 2011
Rachel Torrez-Moon, Place 3 November 2011
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74
William Mahoney, Place 5 November 2011

Michael Havens, Place 1 (Alternate) November 2011
SECTION III. THAT the following individual be and is hereby appointed as a member of the
Construction Board of Appeals:
__________, Place 7
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74
As a result of the appointment heretofore stated, the Construction Board of Appeals is

represented by the following:
Term Expiration
Larry Taylor, Place 2 November 2010
Raymond Brown, Place 4 November 2010
Richard Comstock, Place 6 November 2010
George Stephenson, Place 1 November 2011
Barry Leach, Place 3 November 2011
Tariq Jalil, Place 5 November 2011
__________, Place 7 November 2011
SECTION IV. THAT the following individual be and is hereby appointed as a member of the Irving
Library Board:
__________

As a result of the appointment heretofore stated, the Irving Library Board is
represented by the following:
Term Expiration
Dar Hackbarth November 2010
Barbara (Bobbie) Thomas November 2010
Robert Gerard November 2010
Sharon Barbosa-Crain November 2011
Mark Zeske November 2011
Charles Riggs November 2011
__________ November 2011
SECTION V. THAT the following individuals be and are hereby appointed as members of the
Zoning Board of Adjustments and Appeals:
__________
said term of office expiring November 2010, and the appointment of:
__________ (Alternate)
As a result of the appointments heretofore stated, the Zoning Board of Adjustments
and Appeals is represented by the following:
Term Expiration
__________ November 2010
Bob Ware November 2010
Kevin Kasky (Alternate) November 2010
Oscar Ward (Alternate) November 2010
Dianne Cartwright November 2011
Kalil Mohamed November 2011
Wendy Duprey November 2011
__________ (Alternate) November 2011
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74
SECTION VI. THAT this resolution shall take effect from and after its final date of passage, and it is
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 1182

Term Requirements
Board/Commission/Committee Expires Place Last if any Misc. Notes
2 Lisa Klaker was moved to
Arts Board Nov 2010 NVH VACANT Non Voting Hotelier ICVB
George Edwin passed away
Arts Board Nov 2010 4 VACANT 11/09
Building & Standards Commission Nov 2010 2 VACANT Alternate
Kenneth Hargrove did not
Construction Board of Appeals Nov 2011 7 VACANT Architect want to be reappt.
Library Board Nov 2011 VACANT
Zoning Board of Adjustments & Appeals Nov 2010 VACANT Garfield Landry moved 5/09
Zoning Board of Adjustments & Appeals Nov 2011 VACANT Alternate
Packet Pg. 1183
74.a
Attachment: Board Vacancies (3060 : 02 Appt Boards & Comm)

IrvingCC Packet 2009-12-03

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, DECEMBER 3, 2009

825 WEST IRVING BOULEVARD

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

Pastor Andrew Jackson, West Irving Church of God in Christ

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 76

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

City Council Agenda 12/3/2009 1

Project Status Report - December

2 Approving Minutes for Wednesday, November 4, 2009

3 Approving Minutes for Thursday, November 5, 2009

4 Resolution -- Destruction of Obsolete Records in Accordance with the City

5 Resolution -- Approving a Texas Traffic Safety Program Grant Agreement

City Council Agenda 12/03/2009 2

7 Resolution -- Approving the Request to Negotiate a Professional Services

City Council Agenda 12/03/2009 3

9 Resolution -- Approving the Training Agreement Between the City of Irving

City Council Agenda 12/03/2009 4

11 Resolution -- Approving Settlement of a Lawsuit with Chenequa S. Bibles,

City Council Agenda 12/03/2009 5

City Council Agenda 12/03/2009 6

City Council Agenda 12/03/2009 7

City Council Agenda 12/03/2009 8

16 Resolution -- Approving a Discretionary Service Agreement Between the

City Council Agenda 12/03/2009 9

City Council Agenda 12/03/2009 10

19 Resolution -- Approving Emergency Repairs to Dry Branch (Irving Mall

City Council Agenda 12/03/2009 11

21 Resolution -- Authorizing the Mayor to Execute an Agreement with Oncor

City Council Agenda 12/03/2009 12

23 Resolution -- Authorizing the Mayor to Execute an Agreement with Hines

City Council Agenda 12/03/2009 13

25 Resolution -- Authorizing the Mayor to Execute an Agreement with the

City Council Agenda 12/03/2009 14

27 Resolution -- Authorizing Mayor to Execute an Agreement with the Texas

City Council Agenda 12/03/2009 15

29 Resolution -- Approving Change Order No. 1 to SH 114 and SH Loop 12

City Council Agenda 12/03/2009 16

31 Resolution -- Approving an Agreement Between the City of Irving and

City Council Agenda 12/03/2009 17

33 Resolution -- Approving First Amendment to a Chapter 380 Economic

City Council Agenda 12/03/2009 18

City Council Agenda 12/03/2009 19

City Council Agenda 12/03/2009 20

City Council Agenda 12/03/2009 21

37 Resolution -- Approving and Accepting the Bid of GT Distributors, Inc., for

38 Resolution -- Approving the Purchase from Metro Fire Apparatus

City Council Agenda 12/03/2009 22

40 Resolution -- Renewing Annual Contract with Office Depot to Provide

City Council Agenda 12/03/2009 23

42 Resolution -- Approving and Accepting the Bids of Butler Animal Health

1. This item supports Strategic Goals No. 8: Sound Governance.

2. This item has been recommended by Intergovernmental Services – Animal

City Council Agenda 12/03/2009 24

44 Resolution -- Approving and Accepting the Bid of Structural & Steel

City Council Agenda 12/03/2009 25

City Council Agenda 12/03/2009 26

48 Resolution -- Approving the Purchase from Vermeer of Texas for Two

City Council Agenda 12/03/2009 27

City Council Agenda 12/03/2009 28

1. This item supports Strategic Goal No. 1: Land Use.