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FINAL AGENDA

SPECIAL MEETING OF THE IRVING CITY COUNCIL

THURSDAY, DECEMBER 17, 2009, 9:00 AM

COUNCIL CONFERENCE ROOM -- CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 12/17/2009 1

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9:00 A.M.----------------------------------------------------------Executive Session- City Secretary Interviews, 1stFloor City Council Conference Room, Civic CenterComplex

11:00 A.M. --------------------------------------------------------Executive Luncheon, 1st Floor City CouncilConference Room, Civic Center Complex

12:00 P.M.---------------------------------------------------- Individual Consideration Items

1:00 P.M.----------------------------------------------------------Executive Session- City Secretary Interviews, 1stFloor City Council Conference Room, Civic CenterComplex

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ONTHE FOLLOWING DAY IN THE COUNCIL CHAMBER.

ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONGAS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.

This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services orassistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretarys Office at (972) 721-2493or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.

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CITY COUNCIL AGENDA

EXECUTIVE SESSION

1 Personnel Matters - City Secretary Interviews

Texas Open Meetings Act 551.074

INDIVIDUAL CONSIDERATION

2 Resolution -- Awarding a Contract to EMJ Corporation for the Constructionof West Irving Library

Administrative Comments

1. This item supports Strategic Goal No. 7: Cultural, Recreational and EducationalEnvironments.

2. Impact: This contract provides for the construction of a new library in west Irving toprovide a state of the art facility.

3. The project provides a 25,000 square foot library building including children, teen,and adult areas, computer lab, quiet reading room, small meeting rooms, and staffsupport areas. The library will include the latest digital technology for residents.

4. The library will utilize solar panels for electrical power and geothermal technologyfor heating and cooling, making this building a LEED certified facility.

5. The low bidder, VCC, Inc., when awarding the add alternates, has withdrawn theirbid due to an error in the bid price for alternate #2A.

6. The Capital Improvement Program Team and Library Services recommend awardto EMJ Corporation in the amount of $5,715,100.00 which includes the base bid,plus add alternates #1 (stone landscape wall), #2A (solar panels), and #3 (rye grassover seeding).

7. Due to the time sensitive nature of this project, the recommended bid award amountincludes a $30,000.00 early completion incentive bonus if the contractor completesthe project 30 days early. It also includes $100,000.00 in owners contingency.

8. Minority- and/or Women-owned Business (M/WBE) participation in this award is18%.

9. Funding in the amount of $5,715,100.00 is available in the Library Bond Fund.

Recommendation

The resolution be approved.

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3 Resolution -- Approving an Agreement Between the City of Irving andHeritage District, LLC for Consulting Services Related to theRedevelopment of Downtown Irving


1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant Neighborhoods,and No. 3: Economic Development.

2. Impact: This consulting agreement extends the Citys support of McDougalCompanies Heritage Crossing redevelopment efforts.

3. The agreement provides for a three-year extension of the annual retainer andreimbursement of overhead and third party consultant expenses. The retainer andreimbursable expenses are reduced over the three-year period and this is intendedto be the final consulting agreement between the parties. The agreement requiresthe consultant to repay the City for reimbursed expenses as property is sold ormoved to construction financing.

4. Funding is available in the Economic Development Fund. Later fiscal years will besubject to annual appropriation.

RecommendationThe resolution be approved.

4 Resolution -- Approving First Amendment to a Chapter 380 EconomicDevelopment Program Agreement with McDougal Family Partnership, Ltd.,for the Delaware Project in Connection with Heritage Crossing


1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: This amendment will facilitate property acquisition and continue momentumof the Heritage Crossing Project.

3. This First Amendment modifies Exhibit A of the Agreement to delete the legaldescription for Tract 8 and add legal descriptions for Tract 8R and Tract 9.

4. No additional funding is required.

Recommendation


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5 Resolution -- Approving a Memorandum of Understanding between theCity of Irving, the City of Hugo, Oklahoma/Hugo Municipal Water Authority,and the Tarrant Regional Water District Concerning Sale of Water


1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: This agreement to discuss potential sale of water advances regionalcooperation and Irvings plan to bring water from Oklahoma to Irving.

3. Request for this agreement was received from Tarrant Regional Water District andhas been reviewed by the Citys water rights attorney.

4. The impact of this potential agreement on the Citys ongoing litigation in Oklahomacan be addressed in Executive Session.

Recommendation


6 Adjournment

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AGENDA ITEM SUMMARY

Meeting: 12/17/2009 DOC ID: 3139Recommending Department: Capital Improvement Program LSR No: N/A

Resolution -- Awarding a Contract to EMJ Corporation for the Construction

of West Irving Library


1. This item supports Strategic Goal No. 7: Cultural, Recreational and EducationalEnvironments.

2. Impact: This contract provides for the construction of a new library in west Irving toprovide a state of the art facility.

3. The project provides a 25,000 square foot library building including children, teen,and adult areas, computer lab, quiet reading room, small meeting rooms, and staffsupport areas. The library will include the latest digital technology for residents.

4. The library will utilize solar panels for electrical power and geothermal technologyfor heating and cooling, making this building a LEED certified facility.

5. The low bidder, VCC, Inc., when awarding the add alternates, has withdrawn theirbid due to an error in the bid price for alternate #2A.

6. The Capital Improvement Program Team and Library Services recommend awardto EMJ Corporation in the amount of $5,715,100.00 which includes the base bid,plus add alternates #1 (stone landscape wall), #2A (solar panels), and #3 (rye grassover seeding).

7. Due to the time sensitive nature of this project, the recommended bid award amount

includes a $30,000.00 early completion incentive bonus if the contractor completesthe project 30 days early. It also includes $100,000.00 in owners contingency.

8. Minority- and/or Women-owned Business (M/WBE) participation in this award is18%.

9. Funding in the amount of $5,715,100.00 is available in the Library Bond Fund.

Recommendation


ADDITIONAL COMMENTS:

Contract Required: Yes Review Completed By: N/APrevious Action: N/A Council Action: N/A

.On December 1, 2009, bids were received from eighteen (18) bidders for the West IrvingLibrary. Following is a tabulation of the base bids received:

1. EMJ Corporation $4,800,000.00 360 Calendar Days2. CF Jordan Construction LLC $4,929,000.00 360 Calendar Days3. VCC, Inc. $4,950,000.00 360 Calendar Days

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Attachment:VCCWithdrawalConfirmation(RES-2009-557:19AwdEMJCorpforWestIrvingLibrary)

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Attachment:VCCWithdrawalConfirmation(RES-2009-557:19AwdEMJCorpforWestIrvingLibrary)

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FLOOR PLAN 25,000 SF

Adult Collection

Quiet Reading

Study Rooms

Business Center

Multipurpose Meeting Room

Lobby / Vending Area

Interior Book Drop

Staff Work Area

Childrens Collec. and Storytime

Craft Room / Puppet Stage

TEEN Area

Computer Lab

Main Entry

Exterior drive-up

Book Drop

West Irving LibraryFloor Plan

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ADULTCHILDRENS

COMPUTERLAB

QUIETREADING

STAFF

TEENS

MULTI-PURPOSEROOM

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West Irving LibraryNorth Elevation

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West Irving LibraryWest Elevation

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AGENDA ITEM SUMMARY

Meeting: 12/17/2009 DOC ID: 3133Recommending 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 theRedevelopment of Downtown Irving


1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant Neighborhoods,and No. 3: Economic Development.

2. Impact: This consulting agreement extends the Citys support of McDougalCompanies Heritage Crossing redevelopment efforts.

3. The agreement provides for a three-year extension of the annual retainer andreimbursement of overhead and third party consultant expenses. The retainer and

reimbursable expenses are reduced over the three-year period and this is intendedto be the final consulting agreement between the parties. The agreement requiresthe consultant to repay the City for reimbursed expenses as property is sold ormoved to construction financing.

4. Funding is available in the Economic Development Fund. Later fiscal years will besubject to annual appropriation.

Recommendation



Contract Required: Yes Review Completed By: Karen BrophyPrevious Action:Resolution 12-14-06-478Resolution 2-7-08-059

Council Action:Approval of Memorandum of UnderstandingApproval of Consulting Agreement

.On December 14, 2006, City Council approved a Memorandum of Understanding between theCity of Irving and Delbert McDougal, by Resolution 12-14-06-478, to begin working on amaster development plan for the South Irving Development Proposal and instructing city staffto proceed to work with appropriate outside advisors to prepare agreements for City Councilapproval to permit the projects to proceed as described.

On February 7, 2008, City Council approved a Consulting Agreement between the City ofIrving and Heritage District, LLC, by Resolution 2-7-2008-059, for services related to theredevelopment of Downtown Irving, including preparing the zoning overlay district for thedowntown Heritage District and presenting a development proposal requiring a minimumprivate investment of $35 million.

ATTACHMENTS:

McDougal Consulting Agreement 2010 FINAL (PDF)

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CURRENT YEAR FINANCIAL IMPACT:

1020-2906-56404-100 Budget: $423,000 Actual: $323,000 - $423,000Budget Adjustment/Transfer Required: No

REVISION INFORMATION:

Prepared: 11/19/2009 05:29 PM by Cynthia Castro

Last Updated: 11/25/2009 12:22 PM by Jennifer Dwyer

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CITY OF IRVING

COUNCIL RESOLUTION NO. RES-2009-530

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

SECTION I. THAT the City Council hereby approves the attached Consulting Agreement betweenthe City of Irving and Heritage District, LLC, for consulting services related to theredevelopment of Downtown Irving at a fee not to exceed $423,000 in Fiscal Year2009-2010, a fee not to exceed $225,000 in Fiscal Year 2010-2011, and a fee not toexceed $162,000 in Fiscal Year 2011-2012, subject to funds being appropriated in thelater fiscal years, and the Mayor is authorized to execute said agreement.

SECTION II. THAT this expenditure shall be charged to Account No. 1020-2906-56404-100.

SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it isaccordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________Max S. Duplant, CPA

Chief Financial Officer

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,

on December 17, 2009.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Janice Carroll, TRMC

City Secretary

APPROVED AS TO FORM:

_______________________________Charles R. AndersonCity Attorney

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Consulting Agreement Page 1

Consulting Agreement

THIS AGREEMENT is entered into as of the _____ day of December, A.D. 2009, byand between the City of Irving, Texas, a home rule municipal corporation located inDallas 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 partiesagree as follows:

1. Services

The CONSULTANT shall perform the services set out in Exhibit "A" which isincorporated 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 expensesfor the Services. CONSULTANTs 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) 3

rd party consultants $ 100,000 (architects, engineers, surveys)

TOTAL $ 323,000 - $423,0002011

Retainer -- $ 90,000 Reimbursable Expenses -- $ 75,000 (travel, office, auto, expenses) 3


TOTAL $ 225,0002012

Retainer -- $ 72,000 Reimbursable Expenses -- $ 50,000 (travel, office, auto, expenses) 3


TOTAL $ 162,000

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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 toperformance by CONSULTANT. Performance of these additional services may bewithin or without the term of the contract set forth in Section 5 of this agreement. Underno circumstances will CONSULTANT perform additional services without prior writtenauthorization 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 toHeritage District, LLC or a third party developer on propertypurchased 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 toHeritage District, LLC or a third party developer on propertypurchased 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 Section2.1 and shall not be based on the submission of receipts.

2.5 Third party consultant reimbursement shall be paid monthly based on thesubmission of consultant invoices. The annual reimbursement shall not exceed theamount shown in Section 2.1. Unused 3rd party expenses may be carried to the nextyear.

2.6 Upon the sale, or close into construction financing, of any real propertyCONSULTANT or its affiliate entities owns within the city, CONSULTANT shall pay

CITY 2% of the sales price as reimbursement for Citys payment of expenses and thirdparty fees. This obligation shall survive the termination of this Agreement and continuefor 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 becredited to CONSULTANTs obligation in this Section 2.6 notwithstanding that itprecedes CITYs funding of reimbursement requests.

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3. City Property

During the term of this Agreement, it is CITYs intent to contribute land banked propertywithin Heritage Crossing to the redevelopment efforts of CONSULTANT.CONSULTANTs cost of this contribution shall be CITYs original purchase price, plusthe interest that CITYs investment would have earned from the date of original

purchase to the date of CONSULTANTs acquisition, plus any other CITY costsattributable to the property from the date of CITYs acquisition.

4. Confidential Relationship

4.1 CITY may from time to time communicate to CONSULTANT certain informationto enable CONSULTANT to effectively perform the Services. CONSULTANT shall treatall such information as confidential, whether or not so identified, and shall not discloseany part thereof without the prior written consent of CITY. CONSULTANT shall limit theuse and circulation of such information, even within its own organization, to the extentnecessary 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 inpublicly available sources of information, (ii) is, through no fault of CONSULTANT,hereafter disclosed in publicly available sources of information, (iii) is now in thepossession of CONSULTANT without any obligation of confidentiality, or (iv) has beenor is hereafter rightfully disclosed to CONSULTANT by a third party, but only to theextent that the use or disclosure thereof has been or is rightfully authorized by that thirdparty.

4.2 CONSULTANT shall not disclose any reports, recommendations, conclusions, orother results of the Services, the existence of, or the subject matter of this contractwithout the prior written consent of CITY.

4.3 In its performance hereunder, CONSULTANT shall comply with all legalobligations it may now or hereafter have respecting the information or other property ofany other person, firm, or corporation.

5. Proprietary Rights

5.1 The work product of the Services, and any writings, discoveries, inventions, andinnovations 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 befully assignable to CITY and shall identify CITY as the owner of the instruments ofservice.

5.2 As instruments of service, all documents, including original drawings, estimates,and notes shall be available for use by CONSULTANT.

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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 atany time by either party. In the event of termination prior to the expiration date, theretainer 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. Thispayment shall be the CITY's sole obligation to the CONSULTANT. In the event oftermination prior to the expiration date, Consultants obligation under 2.3 shall bereduced to the amount of retainer and reimbursable expenses paid at that point. Inaddition, upon termination or expiration of this agreement, CONSULTANT shall returnto 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 thisagreement.

7. Notices

All notices and billings shall be in writing and sent to the following addresses:

To CITY: City of Irving825 W. Irving Blvd.Irving, Texas 75060Attn: City Managers Office

To CONSULTANT: Heritage District, LLCc/o Delbert McDougal7008 Salem AvenueLubbock, TX 79424

8. General

8.1 The terms and conditions of Sections 2, 3, 4, and 6 hereof shall survive thetermination of this agreement or completion of the Services as the case may be.

8.2 CONSULTANT shall perform the Services as an independent contractor andshall not be considered an employee of CITY for any purpose whatsoever, including,but not limited to, entitlement to CITY employee benefits. CONSULTANT herebyexpressly waives any claim or entitlement to such benefits.

8.3 CONSULTANT shall not export, directly or indirectly, any technical dataacquired from under this agreement or any products utilizing any such data to anycountry for which the U.S. Government or any agency thereof at the time of exportrequires an export license or other government approval without first obtaining suchlicense or approval.

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8.4 The waiver or failure of either party to exercise in any respect any right providedfor in this agreement shall not be deemed a waiver of any further right under thisagreement.

8.5 If any provision of this agreement is invalid, illegal, or unenforceable under anyapplicable 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 themaximum extent possible.

8.6 This agreement shall be governed by the laws of the State of Texas. Venue ofany action arising from this agreement shall be in Dallas County, Texas.

8.7 This agreement may not be modified, altered or amended except by writteninstrument duly executed by both parties, except that the address for notice may bechanged 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 thepurchase order shall have no effect upon this agreement and shall be used foraccounting purposes only.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as ofthe date first above written.

CITY OF IRVING, TEXAS Heritage District, LLC

By: By:Herbert A. Gears, Mayor Delbert G. McDougal

Its: __________________________

ATTEST:

Janice Carroll, TRMCCity Secretary


Charles R. Anderson

City Attorney

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EXHIBIT ASCOPE OF SERVICES

CONSULTANT agrees to perform the following services during the term of thisAgreement:

2010

1. Complete construction of the first building and establish a sales office,including models, for the townhome project on Delaware between Secondand Fourth Streets

2. Prepare projections for retail development on the south side of Second Streetat Delaware

3. Prepare conceptual building elevations and landscape plans on IrvingBoulevard (OConnor 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 betweenIrving Boulevard and Second Street, to prepare the development site for aretail/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.

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AGENDA ITEM SUMMARY

Meeting: 12/17/2009 DOC ID: 3089Recommending Department: Real Estate & Development LSR No: 10389

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


1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: This amendment will facilitate property acquisition and continue momentumof the Heritage Crossing Project.

3. This First Amendment modifies Exhibit A of the Agreement to delete the legaldescription for Tract 8 and add legal descriptions for Tract 8R and Tract 9.

4. No additional funding is required.Recommendation



Contract Required: Yes Review Completed By: Karen BrophyPrevious Action: 2009-297 Council Action: Approval of Agreement

.On July 9, 2009, the City Council approved a Chapter 380 Economic Development Programwith 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


Prepared: 11/13/2009 03:49 PM by Cynthia CastroLast Updated: 12/10/2009 03:41 PM by Belinda Rowlett

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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., aTexas limited partnership (Partnership), and the City of Irving, Texas, a municipal corporationof 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 (theOriginal Agreement).

B. The parties desire to amend the Original Agreement.

NOW, THEREFORE, for good and valuable consideration, the parties do hereby agree asfollows:

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 currentparagraph Property in its entirety and replacing it with the following:

Property means 9 tracts of land, located in Irving, Texas 75060, described in Exhibit Aattached 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 OriginalAgreement is hereby amended by deleting the current Exhibit A in its entirety and replacing itwith the attached Exhibit A.

3. Successors and Assigns. This First Amendment shall be binding upon, and shallinure 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 byeach 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 OriginalAgreement 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, notwithstandingthat 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.

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6. Applicable Law. This First Amendment shall be construed in accordance withand governed by the laws of the State of Texas, without regard to the principles of conflicts of

law.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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IN WITNESS WHEREOF, this First Amendment is effective as of the day and year firstabove written.

McDOUGAL FAMILY PARTNERSHIP, LtdA Texas limited partnership

by DCMC, L.C.

A Texas limited liability company, General Partner

By:Delbert G. McDougal, Manager

CITY OF IRVING, TEXAS

By: ___________________________Herbert A. Gears, Mayor

ATTEST:

By: _________________________Janice Carroll

City Secretary


By: _________________________

Charles R. AndersonCity Attorney

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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 ofDallas 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, anAddition 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 theCity 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 ofIrving, 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 ofIrving, 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, anAddition 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 beingmore 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 distanceof 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 Volume3487, Page 146, Deed Records, Dallas County, Texas;

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THENCE North 06 degrees 28 minutes 46 seconds East, along the East line of saidCargill 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 Lot18, 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 13and 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 bymetes and bounds as follows:

BEGINNING at a found -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 hereindescribed 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 thistract;

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 theNortheast 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 -inch iron pipe bears North 07degrees 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, andbeing 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.

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AGENDA ITEM SUMMARY

Meeting: 12/17/2009 DOC ID: 3143Recommending Department: City Attorneys Office LSR No: N/A

Resolution -- Approving a Memorandum of Understanding between the

City of Irving, the City of Hugo, Oklahoma/Hugo Municipal Water Authority,and the Tarrant Regional Water District Concerning Sale of Water


1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: This agreement to discuss potential sale of water advances regionalcooperation and Irvings plan to bring water from Oklahoma to Irving.

3. Request for this agreement was received from Tarrant Regional Water District andhas been reviewed by the Citys water rights attorney.

4. The impact of this potential agreement on the Citys ongoing litigation in Oklahomacan be addressed in Executive Session.

Recommendation



Contract Required: Yes Review Completed By: Charles R. AndersonPrevious Action: N/A Council Action: N/A

ATTACHMENTS:

RES TRWD Memorandum of Understanding - Draft (PDF)


NONE


Prepared: 12/10/2009 12:24 PM by Belinda RowlettLast Updated: 12/11/2009 11:35 AM by Belinda Rowlett

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3143)

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

SECTION I. THAT the City Council hereby approves the attached Memorandum of

Understanding between the City of Irving, the City of Hugo, Oklahoma/Hugo

Municipal Water Authority, and the Tarrant Regional Water District for the sale of

water, and the Mayor is authorized to execute said Memorandum of Understanding.

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 17, 2009.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Janice Carroll, TRMC

City Secretary


_______________________________

Charles R. Anderson

City Attorney

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MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM OF UNDERSTANDING (hereinafter MOU) is effective as of the ______ day ofDecember, 2009, by and between the TARRANT REGIONAL WATER DISTRICT, a Texas governmental

agency (hereinafter TRWD), the HUGO MUNICIPAL WATER AUTHORITY and the CITY OF HUGO,

Oklahoma (hereinafter Hugo) and the City of Irving, Texas, a home rule municipality of the State of Texas(hereinafter Irving).

Whereas, TRWD seeks to secure water resources for municipal uses, and has identified sources in Oklahoma as

potential water resources that could be available for TRWD use; and

Whereas, Hugo and Irving executed a Contract for the purchase of certain water permitted by the OklahomaWater Resources Board and stored in Lake Hugo in Hugos contractual water storage capacity in Lake Hugo

evidenced by an agreement between the Town of Hugo and the United States, located in the State of Oklahoma

(hereinafter the Hugo Contract); and,

Whereas, part of the assets made available to Irving under the Hugo Contract includes 25,000 acre-feet of water

permitted to Hugo under Oklahoma Water Resource Board Permit Nos. 54-795 and 72-48 and the benefit of a

proportionate amount of the capacity storage contract entered into between Hugo and the United States on

October 30, 1972 (hereinafter the Hugo Reservoir Water); and,

Whereas, Hugo and Irving are willing to sell water to TRWD; and,Whereas, the Hugo Contract is contingent upon certain events; the parties hereto recognize that it is in all parties

interest to cooperate in the furtherance of development of this water supply and that TRWD, as a willing buyer,and Hugo and Irving, as willing sellers, acquire a contract for the Hugo Reservoir Water.

NOW, THEREFORE, for good and valuable consideration, TRWD, Hugo and Irving agree as follows:

1. TRWD is developing prospective water resources from sources located within the State of Oklahoma for

TRWDs future identified demands and is willing to develop additional water resources in conjunction with

this effort, upon terms to be agreed upon.

2. Hugo, Irving and TRWD agree to work cooperatively to negotiate and execute a contract for the Hugo

Reservoir Water to make no less than 5,000 acre-feet of water per year from Hugo Reservoir Water and up to50,000 acre-feet per year of Additional Water that is subject to Hugos pending application before the

Oklahoma Water Resources Board.

3. Hugo, Irving and TRWD further agree to work cooperatively to negotiate and execute a contract to allow

TRWD to receive an assignment of Irvings rights under the Hugo Contract if Irving should decide to

terminate its involvement in the Hugo Contract.

4. The period allowed for negotiation of the contract referenced in paragraphs 2 and 3 shall be eighteen (18)

months from the effective date of this Memorandum of Understanding.

Wherefore, the parties have executed this MOU effective upon the day and year first written above.

TARRANT REGIONAL WATER DISTRICT CITY OF HUGO, OKLAHOMA andHUGO MUNICIPAL WATER

AUTHORITY

By____________________________ By_____________________________

James Oliver, General Manager

Authorized District Representative Title/Position:____________________

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Page 2

CITY OF IRVING, TEXAS

By_____________________________

Title/Position:____________________

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Documents

Transcript of IrvingCC Packet 2009-12-17