IrvingCC Packet 2010-02-04
IrvingCC Packet 2010-02-04
IrvingCC Packet 2010-02-04
IRVING, TEXAS
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11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, FEBRUARY 3, 2010 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS
Invocation
Pledge Of Allegiance
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.
CONSENT AGENDA
Items 2 - 18
Recommendation
The resolution be approved.
Recommendation
The resolution be approved.
13 Resolution -- Renewing the Annual Contract with Whitmore & Sons, Inc.,
for Mowing, Litter Control, and Grounds Maintenance for Medians and
Various Properties
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. This item has been recommended by Parks and Building Maintenance.
3. Impact: This service helps to maintain and improve the visual impression of the
community.
4. This renewal establishes the continuation of an annual contract to provide mowing,
litter control, and grounds maintenance of various properties. The original contract
was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $130,724.57 for the period of March 1,
2010, through September 30, 2010, and in the net estimated amount of $40,349.68
for the period of October 1, 2010, through February 28, 2011, is available in the
General Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation
The resolution be approved.
End of Bids
16 Ordinance -- Providing for the Issuance and Sale of City of Irving, Texas
Hotel Occupancy Tax Revenue Bonds, Taxable Series 2010, in the
Approximate Aggregate Principal Amount of $9,000,000; Approving and
Authorizing the Execution and Delivery of a Bond Purchase Agreement,
and a Paying Agent/Registrar Agreement; and Prescribing Other Matters
with Respect Thereto
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this Ordinance allows staff to move forward with the
construction phase of the Entertainment Venue Project. This venue will provide an
essential component to the Convention Center project attracting visitors and
businesses from around the world.
3. The Ordinance provides for the sale of the Entertainment Venue Revenue Bonds in
the aggregate principal amount of $9,000,000 to provide for a portion of the
engineering phase of this project.
4. Combined with the Series 2009 and 2009A Entertainment Venue Bonds issued last
year, the amount of bonds issued for the this project totals $25,000,000.
5. The debt issuance is a private placement financing structure through the Bank of
America.
Recommendation
The ordinance be adopted.
Recommendation
The resolution be approved, subject to the sign height being reduced to seven feet, the
sign base being reduced to two feet, and the sign width being increased to seven feet.
6. All other requirements of the R-6 district will be met. Platting will be required prior
to development.
7. Public notices were sent to thirty-two (32) property owners, with no letters in support
or opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
4. The property is currently developed with a single family home. The applicant is
proposing to rezone the property in order to demolish the existing home and
construct an automobile repair garage.
5. After the Planning and Zoning Commission postponed the case to February 1,
2010, staff met with the applicant, who agreed to rotate the building 90 degrees so
the doors no longer would face Shady Grove. In addition, the applicant agreed to do
further enhancements of the building exterior.
6. The applicant has provided a site plan which shows three oak trees to remain on
site ranging from 18 inches to 25 inches caliper in size with six parking spaces. The
proposed 1-story building will be 27 feet in height, will be constructed primarily with
split-face block with stucco accent, with aluminum columns on block pedestals and
a standing seam roof.
7. The site plan and elevation drawings meet the City’s minimum criteria for
landscaping and building articulation.
9. Public notices were sent to twenty-two (22) property owners, with seventeen (17)
letters received in support and none in opposition.
Recommendation
The ordinance be adopted.
30 Mayor’s Report
31 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.
The Irving City Council met in work session January 13, 2010. The following members were
present/absent:
DISCUSSION TOPIC
Executive Assistant Linda Murray presented the City Council Cycle Participants,
Accounting Manager Martin Avila and Senior Civil Engineer Pat Lamers.
Real Estate & Development Assistant Director Doug Janeway presented a video on an
overview of the implosion event. He introduced the implosion team that includes the
City of Irving, Irving Convention & Visitor's Bureau, Chamber of Commerce, Weir
Brothers, and the sponsors.
Irving Convention & Visitor's Bureau Executive Director Maura Gast described the
communication plan which involves traditional and local media outlets. She noted cable
networks interest in the implosion and reviewed the Kraft sponsorship. Her
presentation also included the event activities and routing plans.
Councilman Sam Smith asked how Kraft would include the City of Irving into their
campaign and requested copies of the promotional information.
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Ms. Gast described the web and in-store promotions done by Kraft and gave an
overview of the advertising being done locally by the City.
Councilman Smith asked about the "Life after the Stadium" message.
Ms. Gast confirmed that a New York firm is currently working on that information.
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36 Resolution -- Approving Special Sign Permit No. S0908-0022 to Remove Existing Pole
Sign and Install a 12 Foot Tall X 7 Foot Wide Monument Sign with LED - Located at
1311 West Irving Boulevard - Robert Power, Applicant/Owner
Chief Planner Kenneth Bloom presented this item.
Councilwoman Van Duyne noted her concern with the design of the signage.
The Council discussed digital signage and the need to limit and review the placement
of this sign type.
Police Chief Larry Boyd presented the city’s crime reduction data. His presentation
included a reduction in reported crime, the crime rate per capita and the crime rate
based on daytime and night time population. He also described the Police
Department’s 2009 results on arrests, intelligence and substandard property closures.
Councilman Tom Spink asked how unique Irving’s daytime population compares to
other cities.
Chief Boyd clarified that the standard reporting is based on a city’s nighttime
population, resulting in higher numbers per capita in Irving than it would be if the
daytime population would be used for the calculation.
Councilman Stopfer suggested the city publicize the ICOP program regionally and
asked if the skywatch towers could also be used for other businesses in the city that
are having theft issues in their parking lots.
Chief Boyd stated that the skywatch towers are placed based on trends but that the
police department will work with other businesses if a need is identified.
Councilman Stopfer questioned the automobile insurance program and asked if it could
be expanded to include routine stops where no proof of insurance could be given.
Chief Boyd confirmed that the insurance program tows vehicles with no insurance from
an accident site. He also noted that the no insurance accident crime rate has
decreased this past year as well.
Mayor Gears questioned the reporting structure.
Chief Boyd clarified that the city follows the FBI’s Uniform Crime Report guidelines.
Councilman Philipp requested a report on how the newly funded initiatives have helped
lower the crime rate.
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Urban Development Manager Steve Reed presented the State Highway 183 proposed
overlay district. He noted the overlay district will provide guidelines and standards for
new and existing developments and discussed the outstanding issues brought from the
November 2009 Council work session. Mr. Reed described the vacant lots along SH
183 as well as staff's recommendation regarding auto sales lots.
Mr. Reed clarified that non-conforming use would allow an existing business to
Councilman Philipp asked when the ordinance would come back to Council for
adoption.
Mr. Reed confirmed that with Council's approval to move forward, staff would conduct
stakeholder meetings and public hearings before final adoption.
Chamber of Commerce President Chris Wallace introduced the Buxton retail study.
Chaz Stocker with Buxton presented the retailer matching analysis and Community ID
concept. He noted that specific retail businesses would be discussed in executive
session.
There was lengthy Council discussion as to the value of their report to the City.
EXECUTIVE SESSION
City Attorney Charles Anderson read the Mayor and Council into Executive Session at 3:05
PM.
6 Buxton Retail Study Report
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10 Legal Advice - City of Irving, Texas v. Constance Mbanusi, Jay M. Nfonoyim, FOG
Properties, L.L.C., Michael C. Gbodjor, and U.S. Bank National Association
Texas Open Meetings Act § 551.071
8 Resolution -- Authorize Suit Against National Reimbursement Services, Inc., and Texas
Medical Data Services, Inc.
Mayor Gears announced that the Council will now reconvene in Open Session. The time was
4:50 PM.
___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Janice Carroll, TRMC
City Secretary
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The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, January 14, 2010. The following members were present /
absent:
Margie Stipes, 1602 Upton Place, Heritage Society, invited everyone to join them for their
General meeting on Tuesday, January 26, 2010, at Central Auditorium, Director of Real Estate
and Development Brenda McDonald will be the guest speaker, and she will give a presentation
on the development for Heritage Crossing.
Teddie Story, 1036 Old Mill Circle, stated that Nimitz High School was awarded a grant from
Learn and Service Texas. She also invited everyone to the Best Community Day it will be held
on January 18, 2010, from 9-2 pm at Nimitz High School. Finally, she noted that the Homeless
Count and Survey will be held on Thursday, January 28, 2010, at 9:00 a.m., they will be serving
breakfast, and it is being held at First United Methodist Church.
Houston DeBerry, 3904 Boise Courts, representing the 2010 Census Irving Counts Campaign,
he stated that the 2010 census is coming in April and in order to help spread the word he
announced that the Irving Counts Campaign is sponsoring a Census Awareness Poster
Competition working in partnership with the census bureau and local schools, Irving invites all
students in grades K-12 to create a poster which promotes the 2010 Census. Entries will be
taken between January 18, 2010, and February 12, 2010. For more information on the Census
Count please go to the city of Irving’s website and follow the link on the home page. They are
also holding two open houses next week; he invited the Mayor and Council to the events.
INVOCATION
The invocation was delivered by Pastor Norris McGill, Antioch Christian Church of the City Of
Irving, Texas.
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Mayor Gears asked Diana Aguirre, Big Brothers Big Sisters Regional Executive Director for
Dallas County and Associate Vice President of Development and Mandy Klem, Dallas County
Recruitment Manager Big Brothers Big Sisters, he presented them with a Proclamation
proclaiming January as National Mentoring Month.
Mayor Gears also presented Earlene and Dan Matkin with the High Spirited Citizens Award for
their contributions to the community.
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CITY COUNCIL AGENDA
City Manager Tommy Gonzalez stated that a video would be shown on Goal #1.
He also stated that a second video would be shown giving an update on all the
improvements that have been made to the city of Irving.
City Manager Tommy Gonzalez also asked that John Bonnot from the Irving
Chamber of Commerce to come forward and make an announcement about
some good news that the Chamber received regarding four real estate business
deals.
John Bonnot stated that the Chamber received word from the Dallas Business
Journal that four of the nominations that the Chambers submitted for Best Real
Estate Deals 2009 were selected as finalist. The companies are Forward Air,
Heinz, the new Irving Convention Center, and Park I.
CONSENT AGENDA
The consent agenda items 2-34 were considered for approval. There were no
items pulled from the consent agenda. Councilman Smith moved to approve the
consent agenda items 2-34. Seconded by Councilwoman Cannaday, the motion
was approved by a vote of 9-0.
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7 Resolution No. RES-2010-2 -- Authorizing the Mayor to Accept the Texas State
Library and Archives Loan Star Libraries Grant
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20 Resolution No. RES-2010-15 -- Approving and Accepting the Best Value Bid of
Irving Red Wing Shoe Store, Inc., for Work Boots for Field Employees
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25 Resolution No. RES-2010-20 -- Approving the Purchase from Sam Pack’s Five
Star Ford for Three Trucks through the Tarrant County Interlocal Cooperative
Purchasing Program
26 Resolution No. RES-2010-21 -- Approving the Purchase from Philpott Motors for
Two Ford Escape Hybrid Sports Utility Vehicles through the State of Texas Local
Government Statewide Cooperative Purchasing Program Administered by the
Texas Association of School Boards (the BuyBoard Program)
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28 Resolution No. RES-2010-23 -- Approving and Accepting the Best Value Bid of
Irvtex Automotive Sales II LP (Westway Ford), for the Annual Contract to Provide
Repair Services and Body Work for Ford Vehicles
29 Resolution No. RES-2010-24 -- Approving and Accepting the Best Value Bid of
Sonic - Frank Parra Autoplex LP, for the Annual Contract to Provide Repair
Services and Body Work for Dodge Vehicles
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INDIVIDUAL CONSIDERATION
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition.
Assistant Chief Financial Officer Bret Starr gave a presentation on this item, a
video was shown.
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Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition.
The following registered in opposition of this item, but did not wish to speak.
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
RESULT: ADOPTED [8 TO 0]
MOVER: Lewis Patrick, Councilman
SECONDER: Allan Meagher, Councilman
AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Spink
AWAY: Rose Cannaday
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Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
RESULT: ADOPTED [8 TO 0]
MOVER: Sam Smith, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Spink
AWAY: Rose Cannaday
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
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Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
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Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
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The applicant, Mike Walsh, 4965 Hanson Road, Irving, Texas 75038, presented
the case.
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
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Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
Mayor Gears introduced the item and asked if anyone wished to speak in favor or
opposition. There were no speakers.
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49 Mayor’s Report
50 Adjournment
Citizens’ Forum
Donia Bensavage, 5457 N. MacArthur Blvd., spoke to the Mayor and Council regarding
the signage in Las Colinas - A Floral Experience, she stated the city sign ordinance
conflicts with Las Colinas Association rules.
Joe Mapes, P.O. Box 141864, Irving, Texas 75014, spoke to the Mayor and Council
about audit of tax abatement contracts and establishment of a focus group for the
business owners within the City of Irving to an open dialogue regarding items brought to
Council.
ATTEST:
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ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: N/A Council Action: N/A
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ATTACHMENTS:
Feb. 4, 2010 Destruction (PDF)
REVISION INFORMATION:
Prepared: 1/20/2010 02:45 PM by April Goff
Last Updated: 1/26/2010 04:47 PM by April Goff
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CITY OF IRVING
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 February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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Attachment: Feb. 4, 2010 Destruction (3214 : 02RM AUTH Destruction of Obsolete Records)
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Charles Anderson
Previous Action: N/A Council Action: N/A
REVISION INFORMATION:
Prepared: 1/20/2010 01:59 PM by Darlene Jenkins
Last Updated: 1/29/2010 10:55 AM by Belinda Rowlett
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CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 2052-0441-76901-200.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By:
Previous Action: RES-2009-162 Council Action: Approval of agreement
ATTACHMENTS:
RES Addendum No 1 to Chaparral Option Agreement 1-28-10 (PDF)
REVISION INFORMATION:
Prepared: 1/25/2010 04:46 PM by Charles Anderson
Last Updated: 1/28/2010 03:57 PM by Belinda Rowlett
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CITY OF IRVING
WHEREAS, pursuant to Resolution No. RES-2009-162, the City Council approved an option
agreement with Chaparral Rails to Trails, Inc., for the purchase of approximately 56 miles of
right-of-way; and
WHEREAS, the City and Chaparral Rails to Trails, Inc., wish to amend the option agreement by
establishing the effective date for the agreement and clarifying the provisions relating to the Option
Period and Option Consideration; and
WHEREAS, after making an initial option payment of $50,000 for an initial period, the City
desires to continue the option for a period that commences on February 5, 2010, and terminates on
July 5, 2011; and
WHEREAS, the First Option Extension will continue the City’s right to purchase the property
and the payment of this option price will be credited to the purchase price at the time the City should
decide to exercise its option;
SECTION I. THAT the City Council hereby approves Addendum No. 1 to the Option Agreement
between the City of Irving and Chaparral Rails to Trails, Inc., which amends the
agreement by establishing the effective date for the agreement and clarifies the
provisions relating to the Option Period and Option Consideration, and the Mayor is
authorized to execute the attached addendum.
SECTION II. THAT the City desires to exercise its right to enter the First Option Period and
authorizes payment of $100,000 to Chaparral Rails to Trails, Inc., pursuant to the
aforementioned agreement.
SECTION III. THAT this expenditure shall be charged to Account No. 5423-3204-56401-1160.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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ADDENDUM NO. 1 TO
OPTION AGREEMENT BETWEEN THE
CITY OF IRVING AND CHAPARRAL RAILS TO TRAILS, INC.
DATED: APRIL 23, 2009
Attachment: RES Addendum No 1 to Chaparral Option Agreement 1-28-10 (3219 : 16 Renew Option with Chaparral for ROW)
This is Addendum No. 1 to the Option Agreement, entered into by and between CHAPARRAL RAILS TO
TRAILS, INC., (hereinafter referred to as “Owner”), and the CITY OF IRVING, (hereinafter referred to as “Irving”),
for Irving’s exclusive option to acquire an interest in certain property for the purpose of constructing and
operating a water conveyance pipeline or pipelines and related appurtenances on the property within the Owner’s
rail-trail (hereinafter referred to as the “Agreement”), which the City Council authorized the Mayor to execute in
Resolution No. RES-2009-162 on April 23, 2009.
WHEREAS, on June 26, 2009, Owner delivered to Irving’s attorney an acceptable certificate from the
Texas Secretary of State evidencing that Owner’s corporate charter was in good standing; and
WHEREAS, on June 30, 2009, Irving sent Owner the Initial Option Consideration in the amount of
$50,000, which Owner received and accepted on July 6, 2009; and
WHEREAS, the Owner and Irving wish to amend the Agreement by (1) establishing the Effective Date
of the Agreement and (2) updating the Option Period and Option Consideration sections of the Agreement to
reflect the facts outlined above;
NOW, THEREFORE, the parties agree that the Agreement shall be modified as follows:
This Option Agreement (the “Option Agreement”) is entered into as of this 23 rd day of April,
2009 by and between City of Irving, a home-rule municipality of the State of Texas (“Irving”), and
Chaparral Rails to Trails, Inc., a Texas corporation (“Owner”), and the effective date of the Option
Agreement is July 6, 2009 (the “Effective Date”). Hereafter, Irving and Owner are sometimes
individually referred to as a “Party” and collectively as the “Parties.
2. Section 2 of the Agreement, entitled “Option Period,” shall be amended to read as follows:
1. Option Period The Initial Option Period shall commence on the Effective Date and
terminate on February 5, 2010 (“Initial Option Period”).
A. At any time prior to the expiration of the Initial Option Period, Irving shall have
the right to extend its option for an additional period that commences on
February 6, 2010 and terminates on July 5, 2011 (the “First Option Extension”)
by providing written notice of such election to Owner and delivering to Owner an
additional non-refundable option consideration of One Hundred Thousand and
No/100 Dollars ($100,000.00) (“First Extension Payment”).
B. At any time prior to the expiration of the First Option Extension, Irving shall
have the right to extend its option for an additional period that commences on
July 6, 2011 and terminates on July 5, 2012 (the “Second Option Extension”) by
providing written notice of such election to Owner and delivering to Owner
additional non-refundable option consideration of One Hundred Thousand and
No/100 Dollars ($100,000.00) (“Second Extension Payment”).
C. At any time prior to the expiration of the Second Option Extension, Irving shall
have the right to extend its option for an additional period that commences on
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July 6, 2012 and terminates on July 5, 2013 (the “Third Option Extension”) by
providing written notice of such election to Owner and delivering to Owner
additional non-refundable option consideration of One Hundred Thousand and
No/100 Dollars ($100,000.00) (“Third Extension Payment”).
Attachment: RES Addendum No 1 to Chaparral Option Agreement 1-28-10 (3219 : 16 Renew Option with Chaparral for ROW)
All Extension Payments described in Subsections 2A, 2B and 2C hereinabove, but not the Initial Option
Consideration, will be applied toward the consideration to be paid under the fee purchase or the Revised
Occupancy Agreement, as defined herein, but only in the event that Irving timely exercises its Option.
The Initial Option Period, as extended by any and all Option extensions exercised by Irving, shall be
collectively referred to as the “Option Period.”
3. Section 3 of the Agreement, entitled “Option Consideration,” shall be amended to read as follows:
3. Option Consideration In consideration for the Option grant for the Initial Option Period, Irving
shall deliver to Owner the non-refundable sum of Fifty Thousand and No/100 Dollars ($50,000.00)
(“Initial Option Consideration”) provided that prior to payment, Owner shall deliver to Irving’s attorney
an acceptable certificate from the Texas Secretary of State evidencing that the corporate charter is in good
standing. For purposes of this Option Agreement, the term “Option Consideration” shall mean and refer
to the Initial Option Consideration and in the event that the Initial Option Period is extended, shall mean
and refer to both the Initial Option Consideration and the Extension Payments described in Subsections
2A, 2B and 2C herein, as applicable.
In the event that Irving fails to pay any Option Consideration when payable pursuant to this Option
Agreement, this Option Agreement shall automatically terminate and be of no further force or effect, and
Irving shall have no claim for a refund of any portion of the Option Consideration.
4. All other unchanged provisions of the Agreement shall remain in full force and effect.
5. The terms of this Addendum shall become effective upon execution by the parties.
By: By:
Herbert A. Gears, Mayor
ATTEST: ATTEST:
APPROVED AS TO FORM:
Charles R. Anderson
City Attorney
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CORPORATE ACKNOWLEDGMENT
Attachment: RES Addendum No 1 to Chaparral Option Agreement 1-28-10 (3219 : 16 Renew Option with Chaparral for ROW)
)
COUNTY OF __________________ )
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day
personally appeared:
______________________________ ______________________________
(Print Name) (Print Title)
of Chaparral Rails to Trails, Inc., known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was the act of the said Chaparral Rails to Trails,
Inc., a corporation, that he was duly authorized to perform the same by appropriate resolution of the board of
directors of such corporation and that he executed the same as the act of such corporation for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ day of ________________, A.D., 2010.
___________________________________
Notary Public In and For the State of Texas
My Commission Expires:
____________________
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ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: N/A Council Action: N/A
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REVISION INFORMATION:
Prepared: 1/26/2010 01:52 PM by Lana King
Last Updated: 1/29/2010 09:58 AM by Lana King
Packet Pg. 72
7
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 4001-0732-70201-901010.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
____________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 73
8
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
Packet Pg. 74
8
Salary : 2370-25041-61301-800
Budget: $52,164 Actual: $52,164
Medicare: 2370-25041-57502-800
Budget: $756 Actual: $756
TMRS: 2370-25041-57504-800
Budget: $8,526 Actual: $8,526
Budget Adjustment/Transfer Required: Yes, as this is a new position the funds have not been
allocated.
REVISION INFORMATION:
Prepared: 1/20/2010 10:28 AM by Mary Carrol
Last Updated: 1/29/2010 02:59 PM by Jennifer Dwyer
Packet Pg. 75
8
CITY OF IRVING
SECTION II. THAT funding in the amount of $73,982 has been identified and is available in the
Genghis Khan fund to fund this position for the remainder of this fiscal year.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 76
9
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
Comments: Purchasing sent solicitation notices to 31 vendors and received four responses. The low
bidder meets specifications and is recommended for award. The award for #077M-10F is in the total
net estimated amount of $133,804.14 for two years with three renewal options.
ATTACHMENTS:
Response Summary (PDF)
REVISION INFORMATION:
Prepared: 1/18/2010 02:51 PM by Marsha Hughes
Last Updated: 1/27/2010 09:29 AM by Belinda Rowlett
Packet Pg. 77
9
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 5060-0612-56401-400.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 78
9.a
1 Packet Pg. 79
9.a
2 Packet Pg. 80
9.a
Collection
Private Location Frequency
Prices Prices Prices Prices
3 Packet Pg. 81
9.a
Community Waste
Vendors IESI TX Corp Service Wate, Inc.
Disposal L.P.
4 Packet Pg. 82
9.a
Extra Dumps
A $10.92 $33.00 $14.86 $23.25
B $16.07 $43.00 $17.67 $34.80
C $21.00 $48.00 $19.72 $45.00
No additional charge from
D $255.00
above rate if needed Same as above -
Unit Price Cost per Unit Price Cost per Unit Price Cost per Unit Price Cost per
Special Events
Special Event Special Event Special Event Special Event
A 1 $32.03 $120.00 $115.56 $85.00
B 1 $34.13 $145.00 $118.37 $90.00
C 1 $39.38 $165.00 $120.42 $95.00
D 1 $39.38 $165.00 Same as above $10.00
On Call Service
A $10.92 $33.00 $14.86 $19.50
B $16.07 $43.00 $17.67 $28.75
C $21.00 $48.00 $19.72 $33.75
5 Packet Pg. 83
10
Resolution -- Approving and Accepting the Bids of Badger Meter, Inc., and
Hersey Meters Company, LLC, for Annual Contracts to Provide Water
Meters
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. This item has been recommended by Water Utilities.
3. Impact: This award will allow Water Utilities to replace aging and malfunctioning
water meters to provide accurate billing and avoid lost revenue in the water system.
4. This award establishes annual contracts for the continuation of providing water
meters. The items in Group 4 are no longer needed and will be removed from the
next bidding opportunity.
5. Funding in the net estimated amount of $571,066.48 for the period of February 4,
2010, through September 30, 2010, and in the net estimated amount of
$190,355.49 for the period of October 1, 2010, through January 31, 2011, is
available in the Water Improvement Bond Fund, subject to funds being appropriated
in Fiscal Year 2010-11.
FY09-10 FY10-11 Total Annual
Vendor Groups(s) Est. Exp. Est. Exp. Est. Exp.
Badger Meter, Inc. 1 and 5 $301,443.75 $100,481.25 $401,925.00
Hersey Meters Company, LLC 2 and 3 $269,622.73 $ 89,874.24 $359,496.97
Total Estimated Amount $571,066.48 $190,355.49 $761,421.97
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
Comments: Purchasing sent solicitation notices to 23 vendors and received three
responses. The low bidders meet specifications and are recommended for award. The award
for #048M-10F is in the total net estimated amount of $761,421.97 for one year with two
renewal options.
ATTACHMENTS:
Response Summary (PDF)
Packet Pg. 84
10
REVISION INFORMATION:
Prepared: 1/18/2010 11:34 AM by Marsha Hughes
Last Updated: 1/20/2010 01:31 PM by Darlene Rush
Packet Pg. 85
10
CITY OF IRVING
SECTION II. THAT these expenditures shall be charged to Account No. 5411-3251-551301-1050
in the total net estimated amount of $571,066.48.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
Packet Pg. 86
10
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 87
10.a
Packet Pg. 88
Attachment: Response Summary (3203 : 30P32 Water Meters)
10.a
Packet Pg. 89
Attachment: Response Summary (3203 : 30P32 Water Meters)
10.a
Packet Pg. 90
Attachment: Response Summary (3203 : 30P32 Water Meters)
10.a
Packet Pg. 91
Attachment: Response Summary (3203 : 30P32 Water Meters)
10.a
Packet Pg. 92
Attachment: Response Summary (3203 : 30P32 Water Meters)
11
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: 2009-91 Council Action: Approved award
Comments: Service provided by the vendors is good; pricing remains the same and is
competitive. This is the first of two renewal options for #107M-10F in the total net estimated
amount of $126,729.16 for two years. Chemical applications are seasonal for Section I and
these applications will occur only in the current fiscal year for this renewal contract period.
Packet Pg. 93
11
REVISION INFORMATION:
Prepared: 1/18/2010 10:58 AM by Marsha Hughes
Last Updated: 1/20/2010 01:31 PM by Darlene Rush
Packet Pg. 94
11
CITY OF IRVING
SECTION II. THAT these expenditures shall be charged to Account No. 1001-0751-56406-500 in
the total net estimated amount of $51,963.56.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
Packet Pg. 95
11
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 96
12
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: 2009-92 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 #104M-10F in the total net estimated
amount of $419,852.80 for two years.
REVISION INFORMATION:
Prepared: 1/15/2010 04:34 PM by Marsha Hughes
Last Updated: 1/20/2010 01:04 PM by Darlene Rush
Packet Pg. 97
12
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 1001-0751-56406-500.
SECTION III. 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 February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 98
13
Resolution -- Renewing the Annual Contract with Whitmore & Sons, Inc.,
for Mowing, Litter Control, and Grounds Maintenance for Medians and
Various Properties
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. This item has been recommended by Parks and Building Maintenance.
3. Impact: This service helps to maintain and improve the visual impression of the
community.
4. This renewal establishes the continuation of an annual contract to provide mowing,
litter control, and grounds maintenance of various properties. The original contract
was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $130,724.57 for the period of March 1,
2010, through September 30, 2010, and in the net estimated amount of $40,349.68
for the period of October 1, 2010, through February 28, 2011, is available in the
General Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: 2009-106 Council Action: Approved third renewal
Comments: Service provided by the vendor is good; pricing remains the same and is
competitive. This is the fourth of four renewal options for #103M-10F in the total net
estimated amount of $171,074.24 for one year. The increased expenditure over the original
contract award and this renewal results from additional properties.
REVISION INFORMATION:
Prepared: 1/15/2010 04:00 PM by Marsha Hughes
Last Updated: 1/20/2010 01:31 PM by Darlene Rush
Packet Pg. 99
13
CITY OF IRVING
SECTION II. THAT this expenditure shall be charged to Account No. 1001-0751-56406-500.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES-2008-591 Council Action: Approved Purchase of one Aerial Truck and
one Rescue Truck in the net amount of $1,449,500.00.
Comments: Purchasing sent solicitation notices to 38 vendors and received eight responses.
The most favorable proposal was from Chase Equipment Finance, Inc. The proposal provides for
a five-year rate of up to 3.4%, and is recommended for award. The award for #044E-10F is in the
total amount not to exceed $1,599,960.01 to be paid over five years.
ATTACHMENTS:
A. Evaluation Summary (PDF)
B. RES Lease Purchase Documents (PDF)
REVISION INFORMATION:
Prepared: 12/28/2009 02:40 PM by Ed Matthews
Last Updated: 1/29/2010 11:05 AM by Belinda Rowlett
CITY OF IRVING
WHEREAS, the City of Irving is a political subdivision of the State of Texas (the “State”) and
is duly organized and existing pursuant to the constitution and laws of the State; and
WHEREAS, pursuant to applicable law, the City Council is authorized to acquire, dispose of
and encumber real and personal property, including, without limitation, rights and interests in property,
leases and easements necessary to the functions or operations of the Lessee; and
WHEREAS, the City Council hereby finds and determines that the execution of one or more
lease-purchase agreements (“Equipment Leases”) in the principal amount not exceeding $1,449,500.00
(Principal Amount) for the purpose of acquiring the property generally described as a fire aerial truck
and fire rescue truck (“Property”) and described more specifically in the Equipment Lease is
appropriate and necessary to the functions and operations of the City; and
WHEREAS, Chase Equipment Finance, Inc. (“Lessor”), is expected to act as the lessor under
the Equipment Lease; and
WHEREAS, the City may pay certain capital expenditures in connection with the Property prior
to its receipt of proceeds of the Equipment Lease (“Lease Purchase Proceeds”) for such expenditures
and such expenditures are not expected to exceed the Principal Amount; and
WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-
exempt borrowing to be spent on working capital and the Lessee shall hereby declare its official intent
to be reimbursed for any capital expenditures for Property from the Lease Purchase Proceeds;
SECTION I. THAT the City Council hereby approves and accepts the proposal of Chase
Equipment Finance, Inc., at an estimated interest rate not to exceed 3.4% in the total
amount not to exceed $1,599,960.10 to be paid in ten semi-annual installments in the
amount not to exceed $159,996.01 in Fiscal Year 2009-10; in the amount not to
exceed $319,992.02 in Fiscal Year 2010-11; in the amount not to exceed $319,992.02
in Fiscal Year 2011-12; in the amount not to exceed $319,992.02 in Fiscal Year 2012-
13; in the amount not to exceed $319,992.02 in Fiscal Year 2013-14; and in the
amount not to exceed $159,996.01 in Fiscal Year 2014-15, subject to funds being
appropriated in Fiscal Years 2010-11, 2011-12, 2012-13, 2013-14, and 2014-15, for
the Lease-Purchase Financing of an Aerial Truck and a Rescue Truck, and authorizes
the Mayor to execute the attached agreement in substantially the same form.
SECTION II. THAT the Mayor (“Authorized Representative”) acting on behalf of the City is
hereby authorized to negotiate, enter into, execute, and deliver one or more
Equipment Leases in substantially the form of the attached document. The
Authorized Representative acting on behalf of the Lessee is hereby authorized to
negotiate, enter into, execute, and deliver such other documents relating to the
Equipment Lease (including, but not limited to, escrow agreements) as the Authorized
Representative deems necessary and appropriate. All other related contracts and
agreements necessary and incidental to the Equipment Lease are hereby authorized.
SECTION III. THAT by a written instrument signed by the Mayor, the Mayor may designate
specifically identified officers or employees of the City to execute and deliver
agreements and documents relating to the Equipment Lease on behalf of the City.
SECTION IV. THAT the aggregate original principal amount of the Equipment Lease shall not
exceed the Principal Amount and shall bear interest as set forth in the Equipment
Lease and the Equipment Lease shall contain such options to purchase by the City as
set forth therein.
SECTION V. THAT the City obligations under the Equipment Lease shall be subject to annual
appropriation or renewal by the City Council as set forth in each Equipment Lease
and the City’s obligations under the Equipment Lease shall not constitute a general
obligation of the City or indebtedness under the Constitution or laws of the State.
SECTION VI. THAT the City Council anticipates that the City may pay certain capital expenditures
in connection with the Property prior to the receipt of the Lease Purchase Proceeds for
the Property. The City Council hereby declares the City’s official intent to use the
Lease Purchase Proceeds to reimburse itself for Property expenditures. This section
of the resolution is adopted by the City Council for the purpose of establishing
compliance with the requirements of Section 1.150-2 of the Treasury Regulations.
This section of the resolution does not bind the City to make any expenditure, incur
any indebtedness, or proceed with the purchase of the Property.
SECTION VII. THAT this expenditure shall be charged to Account No. 6604-0512-561528-300.
SECTION VIII. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
1) Overall, total cost to the City
60 50 55
(60 points)
2) Experience, References, and Financial Stability of the Proposer
30 20 25
(30 points)
3) Added Value(s) included in the proposal
10 7 5
(10 points)
Total Points 100 77 85
Chase Equipment Finance is recommended for Award
Packet Pg. 106
14.a
Attachment: A. Evaluation Summary (3174 : 30P08 Appv Propsl - Chase for lease-pur fire appar)
14.b
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: NA
Previous Action: NA Council Action: NA
.
The ordinance format will coordinate with the Dallas County Election contract that will be on a
future Council agenda.
REVISION INFORMATION:
Prepared: 1/21/2010 01:47 PM by Jennifer Dwyer
Last Updated: 1/29/2010 01:47 PM by Jennifer Dwyer
SECTION 1. That an election is hereby ordered to be held on the next regular municipal
election date to be participated in by the qualified voters of the City of Irving, Texas, to be held on the
second Saturday of May, the same being the 8th day of May, 2010, which is not less than sixty-two
(62) days from the date of this ordinance, between the hours of 7:00 a.m. and 7:00 p.m., at the voting
places hereafter named, for the purpose of electing a Councilmember to Places 1, 2, and 7. All places
shall be three (3) year terms. A candidate for Place 1 must live in District 1, a candidate for Place 7
must live in District 7, and a candidate for Places 2 may live in any area in the City. In the event any
candidate for an office fails to receive a majority of all votes cast for such office, a runoff election shall
be held on June 12, 2010.
SECTION 2. That the City election precincts for this election shall consist of the territory
located within the corporate limits of the City bearing the following numbers, and the polling places at
said election shall be as follows, to-wit:
-1-
Packet Pg. 118
15
SECTION 3. Early voting shall be conducted by the Dallas County Elections Administrator,
Bruce Sherbet, who is hereby appointed as the Early Voting Clerk and Charline Farquhar, Early Voting
Manager of the Dallas County Elections Department, is hereby appointed as Chief Deputy Early Voting
Clerk, said voting to be conducted by the Office of the Elections Department. The main early voting
polling place is Dallas County Records Building, Office of the Elections Department, First Floor, 509
Main Street, Dallas, Texas 75202. Mary Kay West, Dallas County Elections Department Central Count
Manager, is hereby appointed as Manager of the Central Count Station. Early voting in the City of
Irving will be conducted in the lobby of the City Hall Building, 825 West Irving Boulevard, Irving Arts
Center, 3333 North MacArthur Boulevard, and Valley Ranch Public Library, 401 Cimarron Trail, and
all other locations in Dallas County as designated by the Dallas County Elections Administrator. The
required early voting period of said election as well as additional times established by the City Council
is as follows:
-2-
Packet Pg. 119
15
SECTION 4. All requests for early voting ballots by mail that are received by participating
authorities will be transported by runner on the day of receipt to the Dallas County Elections
Department, 8th Floor, Health and Human Service Building, 2377 North Stemmons Freeway, Dallas,
Texas 75207 for processing. Persons voting by mail will send their voted ballots to the Dallas County
Elections Department.
SECTION 5. That all resident qualified electors of each district up for election of the City shall
be permitted to vote in said election. In addition, the election material enumerated in the Texas
Election Code shall be printed in both English and Spanish for use at the polling place and for early
voting in said election.
SECTION 6. The Office of the Elections Department, 2377 North Stemmons Freeway, Suite
820, Dallas, Texas 75207, is hereby established as the Central Count Station to receive and tabulate
votes for said election, and the Irving City Hall Building, 825 West Irving Boulevard, Irving, Texas
75060 shall be established as a regional counting station.
SECTION 7. Notice of this election shall be given by posting and publication, as required by
law.
SECTION 8. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
SECTION 9. That this ordinance shall become effective from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
-3-
Packet Pg. 120
16
Ordinance -- Providing for the Issuance and Sale of City of Irving, Texas
Hotel Occupancy Tax Revenue Bonds, Taxable Series 2010, in the
Approximate Aggregate Principal Amount of $9,000,000; Approving and
Authorizing the Execution and Delivery of a Bond Purchase Agreement,
and a Paying Agent/Registrar Agreement; and Prescribing Other Matters
with Respect Thereto
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this Ordinance allows staff to move forward with the
construction phase of the Entertainment Venue Project. This venue will provide an
essential component to the Convention Center project attracting visitors and
businesses from around the world.
3. The Ordinance provides for the sale of the Entertainment Venue Revenue Bonds in
the aggregate principal amount of $9,000,000 to provide for a portion of the
engineering phase of this project.
4. Combined with the Series 2009 and 2009A Entertainment Venue Bonds issued last
year, the amount of bonds issued for the this project totals $25,000,000.
5. The debt issuance is a private placement financing structure through the Bank of
America.
Recommendation
The ordinance be adopted.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: Ord 2009-9049 Council Action: Approved
.
1. The Entertainment Venue Revenue Bonds will be financed with the 2% Brimer HOT
tax currently accumulating in the Entertainment Venue Project Fund.
2. It is anticipated that an additional $60 to105 million will be issued in FY 2010 to fund
the remainder of the City’s commitment to the Entertainment Venue Project dependent
upon projected capacity of the Brimer tax.
ATTACHMENTS:
• Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (PDF)
REVISION INFORMATION:
Prepared: 1/26/2010 08:54 AM by Brad Duff
Last Updated: 1/28/2010 03:39 PM by Brad Duff
-2-
Packet Pg. 122
16
-1-
Packet Pg. 123
16.a
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
BOND ORDINANCE NO. _______
233316v.3 IRV450/71021
Packet Pg. 124
16.a
TABLE OF CONTENTS
Page
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
ARTICLE I
ARTICLE II
Section 2.1. Levy of Venue Hotel Tax and Chapter 351 Hotel Tax. ...................................... 10
Section 2.2. Pledge and Security; Assignment to Trustee. ..................................................... 10
Section 2.3. Security Agreement. .......................................................................................... 11
ARTICLE III
ARTICLE IV
(i)
233316v.3 IRV450/71021
Packet Pg. 125
16.a
ARTICLE V
PAYING AGENT/REGISTRAR
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 5.1. Appointment of Initial Paying Agent/Registrar. ................................................. 21
Section 5.2. Qualifications. ................................................................................................... 21
Section 5.3. Maintaining Paying Agent/Registrar.................................................................. 21
Section 5.4. Termination....................................................................................................... 21
Section 5.5. Notice of Change to Owners.............................................................................. 21
Section 5.6. Agreement to Perform Duties and Functions...................................................... 21
Section 5.7. Delivery of Records to Successor. ..................................................................... 22
ARTICLE VI
ARTICLE VII
(ii)
233316v.3 IRV450/71021
Packet Pg. 126
16.a
ARTICLE VIII
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 8.1. Sale of Bonds. ................................................................................................... 39
Section 8.2. Creation of Funds. ............................................................................................. 39
Section 8.3. Chapter 351 Hotel Occupancy Tax Fund. .......................................................... 40
Section 8.4. Venue Hotel Occupancy Tax Fund. ................................................................... 41
Section 8.5. Debt Service Fund. ............................................................................................ 43
Section 8.6. Reserve Fund..................................................................................................... 43
Section 8.7. Maintenance and Operations Fund..................................................................... 43
Section 8.8. Project Fund. ..................................................................................................... 44
Section 8.9. Costs of Issuance Fund. ..................................................................................... 44
Section 8.10. Administrative Expenses Fund. ......................................................................... 44
Section 8.11. Security of Funds. ............................................................................................. 45
Section 8.12. Deposit of Proceeds........................................................................................... 45
Section 8.13. Investments. ...................................................................................................... 45
Section 8.14. Control and Delivery of Bonds. ......................................................................... 46
ARTICLE IX
INVESTMENTS
ARTICLE X
ADDITIONAL BONDS
ARTICLE XI
(iii)
233316v.3 IRV450/71021
Packet Pg. 127
16.a
ARTICLE XII
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 12.1. Events of Default............................................................................................... 48
Section 12.2. Remedies for Default......................................................................................... 48
Section 12.3. Restriction on Owner’s Action. ......................................................................... 49
Section 12.4. Effect of Waiver. ............................................................................................... 50
Section 12.5. Evidence of Ownership of Bonds....................................................................... 50
Section 12.6. Remedies Not Exclusive.................................................................................... 51
ARTICLE XIII
AMENDMENTS OF ORDINANCE
ARTICLE XIV
DISCHARGE
ARTICLE XV
MISCELLANEOUS PROVISIONS
(iv)
233316v.3 IRV450/71021
Packet Pg. 128
16.a
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT, AND A
PAYING AGENT/REGISTRAR AGREEMENT; AND
PRESCRIBING OTHER MATTERS WITH RESPECT
THERETO
WHEREAS, at an election held within the City, on November 6, 2007, a majority of the
voters voting at said election voted in favor of a proposition authorizing the City to (i) to provide
for the planning, acquisition, establishment, development, construction and financing of the
Project, (ii) to impose a tax, not to exceed three dollars ($3.00) on each parked motor vehicle
parking in a parking facility of the Project, (iii) to impose a tax on each ticket sold as admission
to an event held at the Project, at a rate not to exceed ten percent (10%) of the price of the ticket
sold as admission; and (iv) to impose a tax on the occupancy of a room in a hotel located within
the City, at a rate not to exceed two percent (2%) of the price paid for such room; and
WHEREAS, pursuant to the Special Tax Ordinance adopted by the City on March 13,
2008, the City has levied the 2% hotel occupancy tax (the “Venue Hotel Tax”), pursuant to
Chapter 334, and began imposing the Venue Hotel Tax on April 1, 2008; and
WHEREAS, the City currently levies a 7% hotel occupancy tax (the “Chapter 351 Hotel
Tax”) pursuant to Chapter 351; and
WHEREAS, Chapter 351, Tax Code, as amended, authorizes the City to issue bonds with
a pledge of the Chapter 351 Hotel Tax for the purpose of constructing, improving, enlarging,
equipping, repairing, operating and maintaining convention center facilities; and
WHEREAS, the City has previously issued its Combination Tax and Hotel Occupancy
Tax Revenue Certificates of Obligation, Series 2009 (the “Convention Center Certificates”)
secured in part from the Chapter 351 Hotel Tax to fund the construction of the Convention
Center; and
WHEREAS, the Convention Center and the Entertainment Venue are considered to be
one project by the City with the primary purpose of hosting conventions and meetings; and
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WHEREAS, the Entertainment Venue is a key component of the Convention Center and
shall be used by the Convention Center to book speakers and other special performance events in
conjunction with Convention Center meetings and conventions; and
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
WHEREAS, the Convention Center and Entertainment Venue will be located in close
physical proximity and will be connected by a pedestrian walkway to allow Convention Center
patrons to access the Entertainment Venue for Convention Center events held at the
Entertainment Venue; and
WHEREAS, the Entertainment Venue will supply special performance space to the
Convention Center that will allow the Convention Center to attract additional events and increase
its capacity to hold events requiring a performance space; and
WHEREAS, the City intends for the Convention Center and Entertainment Venue to
have coordinated booking so as to allow the Convention Center to have access to the
Entertainment Venue space for Convention Center purposes; and
WHEREAS, the City has previously issued its Hotel Occupancy Tax Revenue Bonds,
Taxable Series 2009 (the “Series 2009 Bonds”) and its Hotel Occupancy Tax Revenue Bonds,
Taxable Series 2009A (the “Series 2009A Bonds”), secured by the Venue Hotel Tax and the
Chapter 351 Tax to fund a portion of the costs of constructing and equipping the Entertainment
Venue, such pledge of the Chapter 351 Hotel Tax being on a parity with the pledge of the
Chapter 351 Hotel Tax made for the benefit of the Convention Center Certificates; and
WHEREAS, the City proposes to issue its Hotel Occupancy Tax Revenue Bonds,
Taxable Series 2010 (the “Bonds”) for the purpose of paying an additional portion of the costs of
constructing and equipping the Entertainment Venue, such Bonds to be secured by and payable
solely from the receipts of the Venue Hotel Tax (on a parity with the pledge of the Venue Hotel
Tax securing the Series 2009 Bonds and the Series 2009A Bonds) and the Chapter 351 Hotel Tax
(on a parity with the pledge of the Chapter 351 Hotel Tax securing the Series 2009 Bonds, the
Series 2009A Bonds and the Convention Center Certificates), which are pledged to the payment
of such obligations, all as described and defined in this Ordinance, and
WHEREAS, pursuant to Chapter 1371, the City is authorized to issue bonds for the
payment of the costs of constructing the Entertainment Venue and to pledge to the payment of
such bonds, the revenues received from the levy of both the Venue Hotel Tax and the Chapter
351 Hotel Tax; and
WHEREAS, it is hereby found and determined that the meeting at which this Ordinance
is considered is open to the public as required by law, and public notice of the time, place, and
purpose of said meeting was given as required by Chapter 551, Texas Government Code, as
amended;
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ARTICLE I
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 1.1. Definitions.
Unless otherwise expressly provided or unless the context clearly requires otherwise in
this Ordinance, the following terms shall have the meanings specified below:
“Administrative Expenses Fund” means the fund by that name created under Section 8.2
and administered under Section 9.1.
“Applicable Law” means Chapter 334, Local Government Code, as amended, Chapter
351, Tax Code, as amended, and Chapter 1371, Government Code, as amended, the duly adopted
home rule charter of the City, and all other laws or statutes, rules or regulations, and any
amendments thereto, of the State or of the United States by which the City and its powers,
securities, operations and procedures are, or may be, governed or from which its powers may be
derived.
“Applicable LIBOR Rate” means the published LIBOR Rate for the Interest Rate Period
selected by the City (e.g., 30 day LIBOR, 60 day LIBOR, 90 day LIBOR or 180 day LIBOR)
plus 282 basis points.
“Authorized Denominations” means the minimum of $100,000 and any integral multiple
of $5,000 above $100,000.
“Authorized Officer” means that official or agent of the City authorized by the City
Council or City Manager of the City to undertake the action referenced herein.
“Authorized Representative” means the Chief Financial Officer of the City or his/her
designee.
“Bond Buyers 25 Revenue Bond Index” means that certain Index (or other commercially
available index providing a similar rate) published weekly by the Bond Buyer. If the Bond
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Buyer ceases publication or ceases to publish of a similar Index, the City and the Purchaser shall
mutually determine and agree on a published Index and notify the Trustee of the Index selected.
“Bond Year” means the one-year period beginning on October 1 in each year and ending
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
on September 30 in the following year
“Bonds” means the City’s bonds authorized to be issued by Section 3.1 of this Ordinance
and designated as “City of Irving, Texas, Hotel Occupancy Tax Revenue Bonds, Taxable Series
2010.”
“Business Day” means any day other than a Saturday, Sunday or legal holiday or other
day on which banking institutions in the State of Texas are generally authorized or obligated by
law or executive order to close.
“Certificate Year” means the one-year period beginning on October 1 in each year and
ending on September 30 in the following year.
“Chapter 351 Hotel Tax” means the 7% hotel occupancy tax levied by the City pursuant
to Chapter 351, Tax Code, as amended.
“Chapter 351 Quarterly Payment” means the receipts from the Chapter 351 Hotel Tax
received by the City .
“Closing Date” means the date of the initial delivery of and payment for Bonds to the
Purchaser.
“Code” means the Internal Revenue Code of 1986, as amended, including applicable
regulations, published rulings and court decisions.
“Credit Agreement” means (i) any agreement of the City entered into with a financial
institution in connection with and for the purpose of (A) enhancing or supporting the
creditworthiness any Parity Bonds, including municipal insurance policies or a Reserve Fund
Surety Bond, with respect to any Additional Parity Bonds or (B) providing liquidity with respect
to any Parity Bonds which by their terms are subject to tender for purchase, and which, by its
terms, creates a liability on the part of the City on a parity with the Parity Bonds to which it
relates, and (ii) a Swap Agreement. A determination by the City contained in an ordinance
authorizing any Parity Bonds that an agreement constitutes a Credit Agreement under this
definition shall be conclusive as against all Owners.
“Credit Agreement Obligations” means amounts payable by the City under and pursuant
to a Credit Agreement other than amounts payable as an Administrative Expense.
“Debt Service” means (i) with respect to the Parity Bonds, an amount equal to the
principal of, redemption premium, if any, and interest on such Parity Bonds, (ii) with respect to a
Credit Agreement other than a Swap Agreement, amounts payable as Credit Agreement
Obligations, (iii) with respect to a Swap Agreement, regularly scheduled amounts payable by the
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City under a Swap Agreement, so long as the counterparty to such Swap Agreement is not in
default, and (iv) a Termination Payment; provided, however, that payment of a Termination
Payment and any refunding bonds issued for the purpose of paying a Termination Payment shall
be subordinate to the payment of Debt Service described in (i), (ii) and (iii).
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
“Debt Service Fund” means the fund established by Section 8.5 of this Ordinance.
“Designated Payment/Transfer Office” means (i) with respect to the initial Paying
Agent/Registrar named herein, its office in Minneapolis, Minnesota, 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.
“Delivery Date” means the date that the Bonds are delivered to the Purchaser.
“Event of Default” means any event of default as defined in Section 10.1 of this
Ordinance.
“Initial Bond” means the Initial Bond authorized by Section 3.4 of this Ordinance.
“Initial Date” means the date designated as the Initial Date by Section 3.2 of this
Ordinance.
“Initial LIBOR Rate” means the published LIBOR Rate for the Initial Period selected by
the City (e.g., 30 day LIBOR, 60 day LIBOR, 90 day LIBOR, or 180 day LIBOR) plus 182 basis
points. The Initial LIBOR Rate(s) selected by the City pursuant to Section 3.02 herein, shall
allow for the expiration of the Initial LIBOR Rate simultaneously with the expiration of the
Initial Period.
“Initial Period” means the one year period during which the Initial LIBOR Rate selected
by the City applies. The Initial Period shall begin on the Closing Date and shall be calculated on
the basis of a 365 or 366-day year for the actual number of days elapsed.
“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
August 15 and February 15, commencing on August 15, 2010.
“Interest Rate” means the Initial LIBOR Rate for the Initial Period and the Applicable
LIBOR Rate thereafter.
“Interest Rate Period” means the period to which the Applicable LIBOR Rate (or Initial
LIBOR Rate during the Initial Period) applies. Interest based on the Applicable LIBOR Rate (or
Initial LIBOR Rate during the Initial Period) will be fixed for 30, 60, 90 or 180 day periods to be
selected by the City pursuant to Section 3.2 hereof.
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“Letter of Instruction” means a written letter of instructions addressed to the Trustee and
signed by an Authorized Officer.
“LIBOR Rate” means the interest rate shall change on each Interest Rate Change Date.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
For purposes hereof, the following terms shall have the meanings indicated:
(a) “LIBOR Rate” shall mean the rate of interest equal to the rate per annum equal to
the British Bankers Association LIBOR Rate (“BBA LIBOR”), as published by Reuters (or other
commercially available source providing quotations of BBA LIBOR as selected by the Bank
from time to time) as determined for each Interest Rate Period at approximately 11:00 a.m.
London time two (2) Business Days prior to the Interest Rate Change Date for each Interest Rate
Period becomes effective, for U.S. Dollar deposits (for delivery on the first day of such interest
period), as adjusted from time to time in the Bank’s sole discretion for reserve requirements,
deposit insurance assessment rates and other regulatory costs. If such rate is not available at
such time for any reason, then the rate for that interest period will be determined by such
alternate method as reasonably selected by the Bank;
(b) “Business Day” shall mean each day other than a Saturday, a Sunday, or any
holiday on which commercial banks are closed for business;
(c) “Interest Rate Change Date” shall mean the first day of each Interest Rate Period;
provided, however, that if any such day is not a Business Day, at Bank’s option, the Interest Rate
Change Date shall be the next succeeding Business Day. The rate defined in this paragraph is
referred to as the LIBOR Rate adjusted every Interest Rate Period.
(d) Interest shall be calculated on the basis of Prime Rate if (i) the Purchaser, in good
faith, is unable to ascertain the LIBOR Rate by reason of circumstances then affecting the
applicable money market or otherwise, (ii) it becomes illegal to maintain loans based on the
LIBOR Rate, or (iii) the Purchaser, in good faith, determines that it is impracticable to maintain
loans based on the LIBOR Rate because of increased taxes, regulatory costs, reserve
requirements, expenses or any other costs or charges that affect such interest rate options. Upon
the occurrence of any of the above events, any Interest Rate Period to which the LIBOR Rate
applies shall be immediately (or, at the option of the Purchaser, at the end of the Interest Rate
Period), without further action of the City or the Purchaser, converted to an Interest Rate Period
in which the Prime Rate applies.
“Maturity Date” means the date on which the Bonds shall mature, as specified in Section
3.2 hereof.
“Maximum Annual Net Debt Service” means the largest annual Debt Service amount
required for any Bond Year after the calculation is made through the final maturity date of any
Outstanding Parity Bonds, Outstanding Subordinate Lien Bonds, as applicable, reduced by (i)
interest earnings generated from funds currently on deposit in the Reserve Fund at an assumed
interest rate of 3% and (ii) for the last year of scheduled Debt Service, by an amount equal to the
amount currently on deposit in the Reserve Fund for the Additional Parity Bonds.
“Maximum Interest Rate” means the maximum net effective interest rate permitted by
law to be paid on obligations issued or incurred by the City in the exercise of its borrowing
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powers (currently prescribed by Chapter 1204, Texas Government Code, as amended, or any
success or provision).
“Outstanding” when used with reference to the Parity Bonds (for purposes of this
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
definition, collectively the “Bonds”) means, as of any date, Bonds theretofore or thereupon being
authenticated and delivered under this Ordinance except:
(i) Bonds which have been fully paid at or prior to their maturity or on or prior to a
redemption date;
(ii) Bonds (or portions thereof) for the payment of which moneys equal to the
principal amount or redemption price thereof, as the case may be, with interest to the date of
maturity or redemption, shall be held by the Trustee or a Paying Agent/Registrar in cash in trust
under Articles II or VIII of this Ordinance and set aside for payment at maturity or redemption
on a redemption date and for which notice of redemption has been given or provision has been
made therefor;
(iii) Bonds in lieu of or in substitution for which other Bonds have been authenticated
and delivered pursuant to this Ordinance; and
(iv) Bonds for which payment has been provided by defeasance in accordance with
Section 14.1.
“Owner” means the person who is the registered owner of a Bond or Bonds, as shown in
the Register.
“Parity Bonds” means the Bonds, the Series 2009 Bonds, the Series 2009A Bonds, any
Additional Parity Bonds and any refunding bonds issued pursuant to Section 10.2 and secured by
a lien on the Pledged Special Taxes that is on a parity with the lien on the Pledged Special Taxes
securing the Bonds, but only to the extent such Parity Bonds remain Outstanding.
“Parity Certificates” means the City of Irving Combination Tax and Hotel Occupancy
Tax Revenue Certificates of Obligation, Series 2009.
“Paying Agent/Registrar” means initially Wells Fargo Bank, National Association, or any
successor thereto as provided in this Ordinance.
“Pledged Funds” mean, collectively, (a) receipts from of the Venue Hotel Tax and the
Chapter 351 Hotel Tax on deposit in (i) the Debt Service Fund, and (ii) the Reserve Fund and (b)
any Investment Securities or other investments or earnings belonging to any of the funds
identified in clauses (i) through (ii), above, and not required to be used for the other purposes
permitted by the Act and this Ordinance, (c) any additional funds, accounts, revenues, or other
moneys or funds of the City which hereafter may be expressly and specifically pledged to the
payment of all, but not less than all, of the Outstanding Parity Bonds.
“Pledged Special Taxes” mean the gross revenues due or owing to, or received by, the
City from the levy and imposition of the Venue Hotel Tax and the Chapter 351 Hotel Tax, less
any amounts withheld by persons in payment of costs of collection to the extent permitted by
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Chapter 351, Tax Code, as amended, or the Special Tax Ordinance. Such term does not include
any monies, rents, or other revenues of the City that are derived or received by the City because
of its ownership or leasing of the Entertainment Venue to a private party.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
“Principal Payment Date” shall mean each August 15, commencing August 15, 2010.
“Prime Rate” means the fluctuating rate of interest established by the Purchaser from
time to time, at its sole discretion, whether or not such shall be otherwise published. The Prime
Rate is established by the Purchaser as an index and may or may not at any time be the best or
lowest rate charged by the Purchaser on any loan.
“Quarterly Payment Date” means the February 15th, May 15th, August 15th and
November 15th in each Bond Year on which the Venue Hotel Tax and the Chapter 351 Hotel
Tax are required to be transferred by the City to the Trustee and deposited to the Venue Hotel
Tax Fund and Chapter 351 Hotel Occupancy Tax Fund, respectively.
“Reserve Fund Requirement” means the least of: (i) Maximum Annual Debt Service on
the Additional Parity Bonds, as of the date of issuance, (ii) 125% of average Annual Debt
Service on the Additional Parity Bonds as of the date of issuance, or (iii) 10% of the original
principal amount of the Additional Parity Bonds as of the date of issuance (or sale proceeds in
the event that the amount of original issue discount exceeds 2% multiplied by the stated
redemption price at maturity); provided however, that the Reserve Fund Requirement shall be
reduced by a percentage equal to the pro rata amount of Additional Parity Bonds redeemed
pursuant to optional redemption divided by the total amount of the Outstanding Additional Parity
Bonds prior to such redemption.
“Record Date” means the last Business Day of the month next preceding an Interest
Payment Date.
“Redemption Price” means, with respect to the Parity Bonds, the principal amount
thereof plus the applicable premium, if any, payable upon redemption thereof pursuant to the
terms of the Parity Bonds.
“Register” means the bond register specified in Section 3.6(a) of this Ordinance.
“Series 2009 Bond Ordinance” means the ordinance of the City authorizing the issuance
of the Hotel Occupancy Tax Revenue Bonds, Series 2009.
“Series 2009A Bond Ordinance” means the ordinance of the City authorizing the
issuance of the Hotel Occupancy Tax Revenue Bonds, Series 2009A.
“Special Record Date” means the Special Record Date prescribed by Section 3.3(b).
“Special Tax Ordinance” means Ordinance No. 8930 passed by the City Council on
March 13, 2008 levying the Venue Hotel Tax pursuant to Subchapter H of Chapter 334.
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“Subordinate Lien Bonds” means bonds secured in whole or in part by a lien junior and
subordinate to the lien on the Pledged Special Taxes securing payment of the Parity Bonds
secured by the Pledged Special Taxes, including bonds to refund such junior lien bonds.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
“Subordinate Lien Bond Fund” means that fund created by Section 8.2 and administered
according to the ordinances authorizing the issuance of the Subordinate Lien Bonds.
“Trustee” means Wells Fargo Bank, National Association, or any successor thereto, as
provided in this Ordinance.
“Venue Hotel Tax” means the 2% hotel occupancy tax levied and imposed in the Special
Tax Ordinance.
“Venue Hotel Tax Fund” means the fund established in Section 8.2.
“Venue Project Fund” means the “Fund” established pursuant to the Venue Project Fund
Resolution.
“Venue Project Fund Resolution” means the Resolution No. 3-13-08-113 of the City
Council adopted on March 13, 2008, in which the City Council established the Venue Project
Fund, as required and prescribed by Section 334.042, Local Government Code, as amended.
“Venue Quarterly Payment” means the receipts from the Venue Hotel Tax received by
the City on the Quarterly Payment Dates.
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.
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.
(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.
(b) Any action required to be taken on a date which is not a Business Day shall be
done on the next succeeding Business Day and have the same effect as if done on the date so
required.
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(c) This Ordinance and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein and to sustain the validity of this Ordinance.
ARTICLE II
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
SECURITY FOR THE BONDS; INTEREST AND SINKING FUND
Section 2.1. Levy of Venue Hotel Tax and Chapter 351 Hotel Tax.
(a) The City hereby confirms the levy and imposition by the City of the Venue Hotel
Tax and the Chapter 351 Hotel Tax at the respective maximum rates voted at the election held by
and within the City on November 6, 2007 and pursuant to Chapter 351, respectively. The City
hereby warrants and represents that the City has duly and lawfully levied and imposed and has
lawfully ordered the collection of the Venue Hotel Tax and the Chapter 351 Hotel Tax to the full
extent permitted by and described in the Act.
(b) For so long as any Parity Bonds are outstanding, the City covenants, agrees and
warrants to take and pursue all action permissible under Applicable Law to cause the Venue
Hotel Tax and the Chapter 351 Hotel Tax to be levied, imposed and collected continuously, in
the manner and to the maximum extent permitted by Applicable Law, and to cause no reduction,
abatement or exemption in the Venue Hotel Tax and the Chapter 351 Hotel Tax, or in the
respective rates of such taxes below the respective rates stated, confirmed and ordered in
subsection (a) of this Section.
(c) The City agrees to take and pursue all action permissible under Applicable Law to
cause the Venue Hotel Tax and the Chapter 351 Hotel Tax to be collected, remitted, and
deposited with the City as herein required.
(a) The City hereby irrevocably pledges to the payment of the Parity Bonds (i) the
Pledged Special Taxes, and (ii) the Pledged Funds, such pledge being specifically made to the
payment of Debt Service on the Parity Bonds which are or may be Outstanding from time to
time.
(b) The provisions, covenants, pledge and lien on and against the Pledged Special
Taxes, and the Pledged Funds, on the basis, and in the manner as herein set forth, are established
and shall be for the equal benefit, protection and security of the Owners of the Parity Bonds, and
the Persons to whom Administrative Expenses are owed, due and payable, without distinction as
to priority and rights under this Ordinance.
(c) The Parity Bonds, including interest payable thereon, shall constitute special
obligations of the City, payable solely from, and secured solely by a pledge of and lien on, the
Pledged Special Taxes, and the Pledged Funds, as applicable, and not from any other revenues,
properties or income of the City. The Parity Bonds and the Administrative Expenses shall not
constitute debts or obligations of the State or of the City, except to the extent provided in this
Ordinance, and the Owners and the Persons to whom Administrative Expenses are owed, shall
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never have the right to demand payment out of any funds raised or to be raised by any system of
ad valorem taxation.
(d) For the purpose of further supporting the pledge and lien herein created, the City
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
hereby TRANSFERS, SETS OVER and ASSIGNS to the Trustee all of the Pledged Special
Taxes, and the Pledged Funds, in trust for the benefit of the Owners. It is provided, however,
that the Pledged Special Taxes and Pledged Funds shall be received, deposited, held, used and
applied strictly in accordance with and subject to the terms and provisions of Chapter 351,
Chapter 334, the Special Tax Ordinance, and this Ordinance.
(e) The City hereby irrevocably appoints the Trustee as its lawful agent and attorney-
in-fact, for the purpose of performing those duties which consist of receiving the Pledged Special
Taxes. The power of attorney herein conferred and the agency herein created is granted for
valuable consideration and is irrevocable for so long as all or any part of the Parity Bonds remain
Outstanding or Administrative Expenses remain unpaid. In addition, it is intended that the power
of attorney herein conferred be coupled with an interest, and in furtherance thereof the City and
the Trustee confirm their specific, present and co-existing interest in the Pledged Special Taxes
and the Pledged Funds.
(f) The City shall cause amounts representing Venue Hotel Tax and Chapter 351
Hotel Tax that are to be transferred pursuant to Sections 8.3 and 8.4 herein to be transferred to
the Trustee quarterly on the Quarterly Payment Date following the receipt thereof and the
completion of the City’s reporting and reconciliation procedures relating to the collection
thereof. If any receipts from the Pledged Special Taxes required to be transferred pursuant to
Sections 8.3 and 8.4 are received by the City after the Quarterly Payment Date for any quarter
and the receipts are from the preceding quarter, the City shall pay those amounts on the next
subsequent Quarterly Payment Date.
(a) This Ordinance, certified and delivered to and accepted by the Trustee, is and
shall continuously be and constitute a security agreement establishing a first lien and security
interest in the Pledged Special Taxes and Pledged Funds, pursuant to Applicable Law, with the
Trustee as the secured party. The grants, assignments, lien, pledge and security interest of the
Trustee created herein on and against the Pledged Special Taxes and Pledged Funds, as
applicable, shall become effective immediately upon and from the time of payment for and
delivery of the Bonds and the same shall be continuously effective for so long as any Parity
Bonds are Outstanding or Administrative Expenses remain unpaid.
(b) Such grants, assignments, lien, pledge and security interest shall be fully effective
as to Pledged Special Taxes and Pledged Funds, on hand, and all Pledged Special Taxes shall be
subject thereto on and as of the day or date on which they are owed to or collected by any party
for the account of the City.
(c) The City shall keep a full and complete copy of this Ordinance, and its
authorizing proceedings at all times among the permanent records of the City. Such records shall
be open for inspection to any member of the general public and to any individual, firm,
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(d) The provisions and filings required by subsections (a), (b) and (c) of this
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section are included, provided, required and made herein pursuant to the requirements of, and
with the effect stated in, Chapters 1201 and 1208, Government Code, as amended. Should any
other Applicable Law, in the opinion of counsel to the City, ever require filings additional to the
filing required by subsection (c) of this Section in order to preserve and protect the priority of the
grants, assignments, lien, pledge and security interest created herein as to the Parity Bonds, then
the City shall diligently and regularly make such filings to the extent required by law to
accomplish such result.
ARTICLE III
The City’s Bonds to be designated “City of Irving, Texas, Hotel Occupancy Tax Revenue
Bonds, Taxable Series 2010,” are hereby authorized to be issued and delivered in accordance
with the Act. The Bonds shall be issued in the aggregate principal amount of $9,000,000, for the
purpose of planning and designing the Entertainment Venue and paying the City’s costs incurred
in connection with the issuance of the Bonds.
(a) The Bonds shall be dated the date of their delivery to the Purchaser (the “Delivery
Date”). The Bonds shall be in fully registered form, without coupons, in Authorized
Denominations and shall be numbered separately from one upward, except the Initial Bond
which shall be numbered T-1, and will mature and become due and payable at such rates and on
such dates as shall be determined at the time of delivery pursuant to the procedures set forth in
Section 3.10 herein.
(b) The Bonds shall mature on August 15 in the years and in the principal
installments set forth in the following schedule:
Term Bonds
2029 9,000,000
(c) Interest shall accrue on the Bonds from the Delivery Date until maturity or prior
redemption, at the Initial LIBOR Rate(s) as selected by the City (in no event to exceed the
Maximum Interest Rate) during the Initial Period. At the expiration of the Initial LIBOR Rate
selected by the City while the Initial Period is still in effect, the City may convert the Interest
Rate to a new Initial LIBOR Rate with three (3) business days notice to the Bank and Trustee, at
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the end of an Interest Rate Period. In the event the City fails to provide notice to the Bank of a
new Initial LIBOR Rate upon the expiration of an Initial LIBOR Rate while the Bonds are in the
Initial Period, interest shall accrue at the 30-day Initial LIBOR Rate until the end of the Initial
Period. At the expiration of the Initial Period and thereafter, the City may convert the Interest
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Rate to a new Interest Rate Period (but in no event to exceed the Maximum Interest Rate) within
three (3) business days notice to the Bank and the Trustee, but only at the end of an Interest Rate
Period. In the event the City fails to provide such notice to the Bank of the Interest Rate Period
selected following the expiration of the Initial Period, interest shall accrue at the 30-day
Applicable LIBOR Rate until the end of that Interest Rate Period, at which time the City may
convert to a new Interest Rate Period. Upon the expiration of an Interest Rate Period other than
the Initial Period, if the City fails to provide notice to the Bank of the Interest Rate Period
selected following the expiration of the Interest Rate Period then in effect, interest shall continue
to accrue at the at the Interest Rate for the Interest Rate Period previously selected until maturity
or prior redemption or until the end of the applicable Interest Rate Period at which time the City
may convert the Interest Rate Period to a new Interest Rate Period. Interest shall be payable
semi-annually on August 15 and February 15 of each year until the earlier of maturity or prior
redemption, commencing on August 15, 2010. Interest on the Bonds shall be calculated on the
basis of a 365 or 366 day year for the actual number of days elapsed.
(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 by federal funds wire transfer upon the
written instruction from the Owner to the Paying Agent/Registrar, or by check (dated as of the
Interest Payment Date) and sent by the Paying Agent/Registrar to the person entitled to such
payment, by United States mail, first class, postage prepaid, to the address of such person as it
appears on the Register at the close of business on the last Business Day next preceding the date
of mailing of such notice or by such other customary banking arrangement acceptable to the
Paying Agent/Registrar; provided, however, that such person shall bear all risk and expense of
such other banking arrangement. Provided, however, that 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”) will 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 at least 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 Certificate appearing on the books of the
Paying Agent/Registrar at the close of business on the last business day next preceding the date
of mailing of such notice.
(c) The principal of each Bond shall be paid to the person in whose name such Bond
is registered on each Principal Payment 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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(d) 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
order to close, the date for such payment shall be the next succeeding day which is not a
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
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.
(a) The Bonds, including the Initial Bond, 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 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 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
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.
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(d) On the Closing Date, one Initial Bond representing the entire principal amount of
the Bonds, payable to the Purchaser or its designee, executed by manual or facsimile signature of
the Mayor and City Secretary of the City, approved by the Attorney General of Texas, and
registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
be delivered to the Purchaser or its designee. Upon payment for the Initial Bond, the Paying
Agent/Registrar shall cancel the Initial Bond and deliver to the Purchaser registered definitive
Bonds. Notwithstanding the foregoing or any other provision of this Ordinance, the Purchaser
may elect to hold the Initial Bond in lieu of definitive Bonds.
(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 thereof and redemption premium, if any, thereon,
for the further purpose of making and receiving payment of the interest thereon, and for all other
purposes (except interest will be paid to the person in whose name such bond is registered on the
Record Date or Special Record Date, as applicable), 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.
(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 (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 only upon the presentation and
surrender of the Bond at the Designated Payment/Transfer Office 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 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. So long as the Purchaser is the Owner of record of the Bonds, presentation and
surrender of any Bond is not required, and payment of such principal amount to the Owner may
be by wire transfer. 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
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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,
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
subsequent transfer, or exchange for a 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, within 45 calendar
days prior to the date fixed for redemption; provided, however, such limitation shall not be
applicable to an exchange by the Owner of the uncalled principal balance of a Bond.
(a) 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 dispose of cancelled Bonds in accordance with the Securities
Exchange Act of 1934.
(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. The Purchaser shall have the right to
hold the Initial Bond as evidence of the City’s obligations in lieu of definitive Bonds.
(c) The City, without unreasonable delay, shall prepare, execute and deliver to the
Paying Agent/Registrar, the Bonds; 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
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
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:
(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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ARTICLE IV
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 4.1. Limitation on Redemption.
The Bonds shall be subject to redemption before scheduled maturity only as provided in
this Article IV.
(a) During any Interest Rate Period, the Bonds maturing on August 15, 2029 may be
redeemed at the expiration of the Interest Rate Period then in effect, prior to scheduled maturity,
at the option of the City, with funds derived from any available and lawful source, in whole, at a
redemption price equal to the principal amount to be redeemed plus accrued interest to the date
fixed for redemption. The City shall provide the Owner with at least five (5) Business Days
written notice in advance of the Redemption Date.
(b) The City, at least 5 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.
(a) The Bonds maturing on August 15, 2029 (the “Term Bonds”), 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 following schedule:
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Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
August 15, 2028 605,000
August 15, 2029 (maturity) 625,000
(b) At least ten (10) 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 4.4.
(c) The principal amount of the Term Bonds required to be redeemed on any
redemption date pursuant to subparagraph (a) of this Section 4.3 shall be reduced, at the option
of the City, by the principal amount of any Term Bonds which, at least 10 days prior to the
mandatory sinking fund redemption date shall have been acquired by the City at a price not
exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase
thereof, and delivered to the Paying Agent/Registrar for cancellation.
(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 3 days before the
date fixed for redemption, to the Owner of each Bond 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.
(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.
(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 on or after the date fixed for redemption, the Paying
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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.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
(a) Notice of redemption having been given as provided in Section 4.4 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,
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.
The City reserves the right, in the case of an optional redemption pursuant to Section 4.2
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.
Money set aside for the redemption of Bonds and remaining unclaimed by the Owners of
such Bonds shall be subject to the provisions of Section 3.3(e) hereof.
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ARTICLE V
PAYING AGENT/REGISTRAR
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 5.1. Appointment of Initial Paying Agent/Registrar.
Wells Fargo Bank, National Association, is hereby appointed as the initial Paying
Agent/Registrar for the Bonds. At all times while any Bonds are outstanding, the City will
maintain a Paying Agent/Registrar with respect to the Bonds that is qualified under this
Ordinance
(a) At all times while any Bonds are outstanding, the City will maintain a Paying
Agent/Registrar that is qualified under Section 5.2 of this Ordinance.
(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
appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to
be terminated written notice of such termination.
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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Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
books and records relating to the Bonds to the successor Paying Agent/Registrar.
ARTICLE VI
(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.
The form of the Bonds, 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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REGISTERED REGISTERED
No. __________ $__________
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
United States of America
State of Texas
County of Dallas
CITY OF IRVING, TEXAS
HOTEL OCCUPANCY TAX REVENUE BOND
TAXABLE SERIES 2010
The City of Irving (the “City”), Dallas County, State of Texas, for value received, hereby
promises to pay to
or registered assigns, on the Stated 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 provision for such payment shall have been made, and to pay
interest on the unpaid principal amount hereof from the Delivery Date shown above or the most
recent Interest Payment Date to which interest has been paid or provided for.
Capitalized terms used herein and not otherwise defined shall have the meanings assigned
thereto in the ordinance pursuant to which the Bonds are issued (the “Ordinance”).
This Bond shall bear interest from time to time at the Initial LIBOR Rate for each Interest
Rate Period during the Initial Period, selected by the City pursuant to the Ordinance, and may be
converted in whole or in part to a new Interest Rate Period and Initial LIBOR Rate at the end of
the current Interest Rate Period for the Bonds until the expiration of the Initial Period, or prior
redemption, in accordance with the Ordinance. Upon the expiration of the Initial Period, the
Bonds may bear interest from time to time at the Applicable LIBOR Rate for each Interest Rate
Period thereafter, selected by the City pursuant to the Ordinance, and may be converted in whole
or in part to a new Interest Rate Period and Applicable LIBOR Rate at the end of the current
Interest Rate Period for the Bonds until maturity or prior redemption, in accordance with the
Ordinance. An Interest Rate Period will remain in effect until changed. Interest shall accrue at
the Default Rate from and during the continuance of an Event of Default (but in no event to
exceed the Maximum Interest Rate). The Paying Agent/Registrar shall give notice to the
registered Owners of the expiration of the Initial Period, and of the conversion from one Interest
Rate Period to another (including conversion during the Initial Period) upon receipt of notice
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from the City of such Interest Rate Period conversion pursuant to the provisions in the
Ordinance, but not less than (3) Business Days prior to conversion. Interest shall be calculated
on the basis of a 365 or 366-day year for the actual number of days elapsed until maturity or
prior redemption. Accrued and unpaid interest hereon is payable and shall be paid on the Stated
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Maturity Date or on the date of any earlier prepayments or redemptions.
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 Minneapolis, Minnesota (the “Designated Payment/Transfer Office”)
of Wells Fargo Bank, National Association, Fort Worth, Texas, as Paying Agent/Registrar or,
with respect to a successor Paying Agent/Registrar, at the Designated Payment/Transfer Office
thereof. So long as the Purchaser is the Owner of record of the Bonds, presentation and
surrender of any Bond is not required, and payment of such principal amount to the Owner may
be by wire transfer. Interest on this Bond is payable by federal wire transfer upon the written
instruction from the Owner to the Paying Agent/Registrar or by check dated as of the interest
payment date, 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 registered owner;
provided, however, such registered owner shall bear all risk and expense of such other banking
arrangement. 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 one of a series of fully registered bonds specified in the title hereof issued in
the aggregate principal amount of $9,000,000 (herein referred to as the “Bonds”), issued by the
City under the authority of Chapter 1371, Texas Government Code, as amended, Chapter 351,
Texas Tax Code, as amended, and Chapter 334, Texas Local Government Code, as amended for
the purpose of planning and designing the Entertainment Venue and paying the City’s costs
incurred in connection with the issuance of the Bonds.
The Bonds are dated on and as of ______________, 2010, and are defined and described
in that certain Ordinance No. __________, adopted by the Council on February 4, 2010 (the
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“Ordinance”), and in that certain “Bond Purchase Agreement,” executed between the City and
the Payee, as Purchaser, and dated February 4, 2010.
The Bonds and the interest thereon are payable from, and are secured by, a first lien on
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
and pledge of the Pledged Special Taxes and the Pledged Funds. The Pledged Special Taxes
consist of certain Special Tax Receipts that are received by the City from the levy and imposition
of a 2% Venue Hotel Tax and a 7% Chapter 351 Hotel Tax within the City, all as described in
the Ordinance.
THIS BOND AND ALL OF THE CITY OF IRVING HOTEL OCCUPANCY TAX
REVENUE BONDS, TAXABLE SERIES 2010 (THE “SERIES 2010 BONDS”) ARE
SPECIAL OBLIGATIONS OF THE CITY THAT, TOGETHER WITH ALL OTHER PARITY
BONDS AND PARITY CERTIFICATES (WITH RESPECT TO THE CHAPTER 351 HOTEL
TAX) FROM TIME TO TIME ISSUED AND OUTSTANDING ARE EQUALLY AND
RATABLY PAYABLE FROM AND SECURED BY A LIEN ON THE PLEDGED SPECIAL
TAXES THAT ARE REQUIRED TO BE SET ASIDE FOR AND PLEDGED TO THE
PAYMENT OF THE SERIES 2010 BONDS AND FROM THE PLEDGED FUNDS, AND ALL
OUTSTANDING AND ADDITIONAL PARITY BONDS HEREAFTER ISSUED AND THE
DEBT SERVICE FUND AND THE RESERVE FUND REQUIRED TO BE MAINTAINED
FOR THE PAYMENT OF ALL SUCH PARITY BONDS, ALL AS MORE FULLY
DESCRIBED AND PROVIDED FOR IN THE ORDINANCE. THIS BOND AND THE
SERIES OF WHICH IT IS PART, TOGETHER WITH THE INTEREST THEREON, ARE
PAYABLE SOLELY FROM SUCH PLEDGED SPECIAL TAXES AND PLEDGED FUNDS
AND DO NOT CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE
CITY
During any Interest Rate Period, the Bonds may be redeemed prior to their scheduled
maturities at the expiration of an Interest Rate Period, at the option of the City, with funds
derived from any available and lawful source, in whole, in Authorized Denominations and, at a
redemption price equal to the principal amount to be redeemed plus accrued interest to the date
fixed for redemption. The City shall provide the Owner with at least three (3) Business Days
written notice in advance of the Redemption Date.
The City, at least 5 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.
The Bonds maturing on August 15, 2029 (collectively, the “Term Bonds”) are subject to
mandatory sinking fund redemption prior to their scheduled maturity, and will be redeemed by
the City, in part at a redemption price equal to the principal amount thereof, without premium,
plus interest accrued to the redemption date, on the dates and in the principal amounts shown in
the following schedule:
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Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
August 15, 2010 $ 315,000
August 15, 2011 320,000
August 15, 2012 330,000
August 15, 2013 345,000
August 15, 2014 360,000
August 15, 2015 370,000
August 15, 2016 385,000
August 15, 2017 400,000
August 15, 2018 415,000
August 15, 2019 430,000
August 15, 2020 450,000
August 15, 2021 465,000
August 15, 2022 485,000
August 15, 2023 500,000
August 15, 2024 520,000
August 15, 2025 540,000
August 15, 2026 560,000
August 15, 2027 580,000
August 15, 2028 605,000
August 15, 2029 (maturity) 625,000
At least ten (10) 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 Bond equal to the aggregate principal amount
of such Term Bond to be redeemed and shall call such Bond for redemption on such scheduled
mandatory redemption date.
The principal amount of the Term Bonds required to be redeemed on any mandatory
sinking fund redemption date shall be reduced, at the option of the City, by the principal amount
of any Term Bonds which, at least 10 days prior to the mandatory sinking fund redemption date
shall have been acquired by the City at a price not exceeding the principal amount of such Term
Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying
Agent/Registrar for cancellation.
Notice of such redemption or redemptions shall be given by first class mail, postage
prepaid, not less than three (3) 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.
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The City reserves the right, in the case of an optional redemption pursuant to the terms of
the Ordinance, 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
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
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 as defined in the Ordinance. 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.
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.
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 the Bonds is duly
authorized by law; that all acts and things required to be done precedent to and in the issuance of
this Bond have been properly done and performed and have happened in regular and due time,
form, and manner, as required by law; and that the revenues of the City have been duly pledged
to the payment of the principal of and the interest on the Bonds in accordance with the terms of
the Ordinance and the Purchase Agreement.
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IN WITNESS WHEREOF, the City has caused this Bond to be executed in its name by
the manual or facsimile signature of the Mayor of the City and countersigned by the manual or
facsimile signature of the City Secretary, and the official seal of the City has been duly
impressed or placed in facsimile on this Bond.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Attest: City of Irving, Texas
___________________________________ ___________________________________
City Secretary Mayor
The following Comptroller’s Registration Certificate may be deleted from the definitive
Bonds if such Certificate on the Initial Bond is fully executed.
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.
___________________________________
Comptroller of Public Accounts
of the State of Texas
[SEAL]
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The following Certificate of Paying Agent/Registrar may be deleted from the Initial Bond
if the executed Comptroller’s Registration Certificate appears thereon.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
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.
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.
(e) The Initial Bond shall be in the form set forth in paragraphs (a), (b) and (d) of this
Section, except for the following alterations:
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(i) immediately under the name of the Bond, the headings “DELIVERY
DATE” and “STATED MATURITY DATE” shall be completed with the expression “As
Shown Below”;
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
(ii) the Initial Bond shall be numbered T-1.
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.
The approving legal opinions of Vinson & Elkins L.L.P., Bond Counsel, may be printed
on the reverse side of or attached to each Bond over the certification of the City Secretary of the
City, which may be executed in facsimile.
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
(a) The City hereby appoints Wells Fargo Bank, National Association to serve as
Trustee hereunder and the Trustee, as evidenced by its due execution of the Acceptance of
Trustee attached hereto, shall accept the trusts and obligations imposed upon it by this Ordinance
and shall agree to perform and observe faithfully all of the duties, conditions and requirements
imposed upon it in this Ordinance. Except during the continuance of an Event of Default, the
Trustee undertakes to perform such functions and duties and only such functions and duties as
are specifically set forth in this Ordinance, and no implied duties or obligations shall be read into
this Ordinance against the Trustee. In case an Event of Default has occurred and is continuing,
the Trustee shall exercise such of the rights and powers vested in it by this Ordinance, and use
the same degree of care and skill in the exercise of such rights and powers, as a prudent person
would exercise or use under the circumstances in the conduct of such person’s own affairs,
subject to the limitations on liability set forth in Sections 7.1(c) and 7.2, and subject to the
provisions of Section 7.6.
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Trustee set forth in Section 15.1, or at such other location as the Trustee may designate to the
City in writing. With respect to an Event of Default pursuant to Section 12.1, the Trustee shall
not be deemed to have notice of any such Event of Default (other than failure by the City to file
with the Trustee any documents required by the Ordinance to be so filed) unless and until it shall
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
have received actual notice thereof, and in the absence of such notice so received, the Trustee
may conclusively assume that there is no such Event of Default. Nonetheless, the Trustee may in
its sole discretion take notice of an Event of Default without specific notification thereof. In such
case, the Trustee shall proceed as if it had received such specific notification.
(c) The Trustee shall not be liable with respect to any action taken or omitted to be
taken hereunder except for its own negligence or willful misconduct; except that
(i) this Section will not be construed to limit the effect of the second sentence
of Section 7.1(a); the Trustee shall be obligated to take only such actions as are
specifically set forth herein or as are specifically required to be taken by the Trustee
when requested in writing from time to time in accordance with this Ordinance by the
City or by the Owners of not less than the aggregate principal amount of Outstanding
Bonds specified herein with respect to the action in question (subject to the restrictions
set forth in Section 7.3); and
(ii) in the absence of bad faith on the part of the Trustee, the Trustee may rely,
without any independent investigation or inquiry, as to the truth of the statements and to
the correctness of the opinions expressed therein, upon any certificate or opinion
furnished to the Trustee conforming to the procedural requirements of this Ordinance; but
in the case of any such certificate or opinion which by any provision is specifically
required to be furnished to the Trustee, the Trustee shall be under a duty to examine the
same to determine whether or not it conforms to the procedural requirements of this
Ordinance; and
(iii) the Trustee shall not be liable for any error of judgment made in good faith
by the Trustee unless it shall be proved that the Trustee was negligent in ascertaining the
pertinent facts; and
(iv) the Trustee shall not be liable with respect to any action taken or omitted
to be taken by it in good faith in accordance with the written direction of the Owners of
not less than a majority in aggregate principal amount of the Parity Bonds Outstanding
(or such lesser amount as may be specified herein) or otherwise in accordance with the
express provisions of this Ordinance.
No provision of this Ordinance or in any amendment to this Ordinance shall require the
Trustee to risk its own funds or otherwise incur any financial liability in the performance of any
of its duties hereunder, or in the exercise of its powers, if it shall have reasonable grounds for
believing that repayment of such funds or adequate indemnity against such risk or liability is not
reasonably assured to it.
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Section 7.2. Trustee May Rely upon Certain Documents and Opinions.
(a) Subject to Section 7.1(c)(ii), the Trustee may rely and shall be protected in acting
upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent,
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
order, bond or other paper or document believed by it to be genuine and to have been signed or
presented by the proper party or parties.
(b) Any request, direction, election, order, certification or demand of the City shall be
sufficiently evidenced by an instrument signed by an Authorized Representative (unless
specifically prescribed otherwise in this Ordinance), and any resolution or ordinance of the City
may be evidenced to the Trustee by a certified resolution or ordinance.
(c) The Trustee may, in its sole discretion and at the expense of the City, consult with
its counsel (either in-house or outside), counsel to the City (unless the City is in default
hereunder) or Bond Counsel, and the legal advice or opinion of such counsel or Bond Counsel
shall be full and complete authorization and protection in respect of any action taken, suffered or
omitted by the Trustee hereunder in good faith and in accordance with such legal advice or
opinion of counsel or Bond Counsel.
(d) Subject to Section 7.1(a) regarding the Trustee’s obligations during the
continuance of an Event of Default, whenever, in the administration of the trust created by this
Ordinance, the Trustee shall deem it necessary or desirable that a matter be proved or established
prior to taking or suffering any action hereunder, such matter (unless other evidence in respect
thereof is specifically prescribed herein) may, in the absence of bad faith on the part of the
Trustee, be deemed to be proved and established by a certificate of an Authorized
Representative; and, in the absence of bad faith on the part of the Trustee, such certificate shall
constitute full authority for any action taken, suffered or omitted by the Trustee under the
provisions of this Ordinance in reliance thereon.
(e) The Trustee shall not be concerned with or accountable to anyone for the
subsequent use or application of any money which shall be released or withdrawn and used in
accordance with the provisions hereof.
(f) The Trustee may execute any of the trusts or powers hereof and perform the
duties required of it hereunder by or through attorneys, accountants, agents or receivers and may,
in all cases, pay, and be reimbursed for, the reasonable fees and expenses thereof. The Trustee
shall not be responsible for the conduct of such attorneys, accountants, agents or receivers it
appointed with due care.
(g) The Trustee shall be under no obligation to exercise any of the rights or powers
vested in it by this Ordinance at the request or direction of any of the Owners of the Party Bonds
pursuant to this Ordinance, unless such Owners shall have offered to the Trustee reasonable
security or indemnity against the costs, expenses and liabilities which might be incurred by it in
compliance with such request or direction.
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The Trustee shall not be responsible for any recital or statement in this Ordinance, any
amendment to this Ordinance, the Bonds, or any official statement or other disclosure document
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
prepared or distributed in connection with the Bonds or for the validity of the execution by the
City of this Ordinance, any amendment to this Ordinance or the Bonds, or for the validity of the
execution of any other or supplemental instrument by the City, or for the validity or sufficiency
of the security for the Bonds issued hereunder or intended to be secured hereby, or for the value
of or title to the security for the Bonds pledged hereunder or for the creditworthiness of the City.
Except as otherwise expressly provided herein, the Trustee shall have no duty to ascertain or
inquire as to the performance or observance of any of the terms, conditions, covenants or
agreements herein or in an amendment to this Ordinance, or as to the existence of an Event of
Default hereunder or thereunder, but the Trustee may require of the City full information and
advice as to the performance of such covenants, conditions and agreements set forth herein and
in an amendment to this Ordinance, or a Federal Tax Certificate.
The permissive right of the Trustee to do things enumerated in this Ordinance shall not be
construed as an obligation or duty of the Trustee. The Trustee shall not be required to give any
bond or surety in respect of the execution of its trusts and powers hereunder or otherwise in
respect of the premises.
Nothing contained herein or in the Bonds shall be construed to impose any duties upon
the Trustee beyond those expressly contained in this Ordinance or in an amendment to this
Ordinance. All immunities, indemnities and other provisions of this Ordinance as related to the
duties and liabilities of the Trustee shall apply to the Bonds.
All money held by the Trustee hereunder is held in trust for the purposes set forth herein
and shall be segregated and kept apart from other funds held by it in accordance with its general
practices and procedures in effect from time to time.
Under no circumstances shall the Trustee be liable in its individual capacity for the
obligations evidenced by the Bonds. In accepting the trust hereby created, the Trustee acts solely
as Trustee for the Owners and not in its individual capacity and, except as otherwise provided
herein, all persons, including without limitation the Owners and the City, having any claim
against the Trustee arising from this Ordinance shall look for payment only from the funds and
accounts held by the Trustee hereunder.
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(a) Other than to the extent described herein with respect to making the payments of
Debt Service on the Parity Bonds and paying Administrative Expenses when due from money
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
held by the Trustee hereunder, and with respect to the redemption (other than optional
redemption) of the Parity Bonds, the Trustee shall be under no obligation to institute any suit, to
take any proceeding under this Ordinance, to enter any appearance in or in any way defend any
suit in which it may be defendant, or to take any steps in the execution of the trusts hereby
created or in the enforcement of any rights and powers hereunder, until it shall be assured to its
satisfaction that repayment of all costs and expenses, including the reasonable fees and
disbursements of its in-house and outside counsel, will occur in a timely manner, and until
adequate indemnity against all risk and liability is assured to its satisfaction. However, the
Trustee may begin suit, or appear in and defend suit, or do anything else in its judgment proper
to be done by it as such Trustee, without assurance of reimbursement or indemnity, and in such
case the Trustee shall be reimbursed or indemnified by the Owners for all costs and expenses,
liabilities, outlays and fees of its in-house and/or outside counsel and other reasonable
disbursements properly incurred in connection therewith, unless such liability or disbursement is
adjudicated to have resulted from the negligence or willful misconduct of the Trustee. If the
Owners shall fail to make such reimbursement or indemnification, the Trustee may reimburse
itself from any money in its possession under the provisions of this Ordinance subject only to the
prior lien of the Parity Bonds for the payment of Debt Service.
(b) The City hereby covenants and agrees, to the extent permitted by Applicable Law
and solely from the amounts held or required to be held hereunder, to indemnify the Trustee for
any loss, liability, outlays and reasonable fees of its in-house and/or outside counsel, other
reasonable disbursements, expenses or advances reasonably incurred or made, without
negligence or willful misconduct on the part of the Trustee, arising out of or in connection with
its acceptance or administration of the trust or performance of its duties hereunder, and shall
reimburse the Trustee for any amounts paid to the Trustee by the Owners pursuant to
Section 7.6(a) which the Trustee has spent for the purposes of that Section and which the Trustee
has subsequently been required to return to the Owners.
(c) None of the provisions contained in this Ordinance, or the Bonds shall require the
Trustee to expend or risk its own funds or otherwise incur individual financial liability in the
performance of any of its duties or in the exercise of any of its rights or powers hereunder.
(d) All indemnifications and releases from liability granted to the Trustee hereunder
shall extend to its directors, officers, employees, officials and agents.
In any judicial proceeding to which the City is a party and which, in the opinion of the
Trustee in its sole discretion, has a substantial bearing on the interest of the Owners of the Parity
Bonds, the Trustee may intervene on behalf of the Owners, and must do so if requested in
writing by the Owners of not less than a majority in aggregate principal amount of Outstanding
Parity Bonds upon written assurance from such Owners satisfactory to the Trustee of indemnity
and reimbursement for costs and expenses, including reasonable fees and disbursements of its in-
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house and/or outside counsel, incurred in so intervening. The rights and obligations of the
Trustee under this Section are subject to the approval of the court having jurisdiction in the
premises.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 7.8. Reports of Activities.
The Trustee shall keep and maintain accurate and complete records of fund balances, any
investments thereof and all transactions involving any part of the assets held in trust hereunder
by the Trustee pursuant to this Ordinance and to furnish monthly reports thereof to the City, if
requested. The City and its agents shall have the right to inspect all such records at all reasonable
times during regular business hours and upon reasonable notice and to make such copies and
extracts, at their expense, as they may desire.
All advances, in-house and/or outside counsel fees and other expenses reasonably made
or incurred by the Trustee or its agents, directors, officials, officers and employees in and about
the execution of the trust hereby created; any and all reasonable compensation to the Trustee for
its services in the premises; any and all claims, damages, demands, expenses, liabilities and taxes
of any character or nature whatsoever (including but not limited to claims for loss or damage to
any property or injury to or death of any person) asserted by or on behalf of any person arising
out of, resulting from, or in any way connected with the Project or the real property and
improvements thereon; and any and all costs and expenses (including reasonable fees and
disbursements of its in-house and/or outside counsel, agents and other experts) incurred by or on
behalf of the Trustee in defending any such claims, damages, demands, liabilities or claims for
taxes of any character whatsoever (unless such claims, damages, demands or liabilities are
adjudicated to have resulted from the negligence or willful misconduct of the Trustee), shall be
paid by the City but solely from amounts on deposit or required to be deposited hereunder in
accordance herewith. The compensation of the Trustee shall not be limited to or by any provision
of law in regard to the compensation of trustees of an express trust. The Trustee shall have a lien
against all money and other property or security held pursuant to this Ordinance, with right of
payment therefrom, subject only to the prior lien of the Bonds for the payment of, in full and
when due, the principal thereof, premium, if any, and interest thereon, for (1) the Trustee’s
reasonable compensation, expenses, advances and fees and disbursements of its in-house and/or
outside counsel, incurred on and about the execution of the trusts created hereby and the exercise
and performance of the powers and duties of the Trustee hereunder; and (2) any and all claims,
damages, demands, expenses, liabilities and taxes incurred by the Trustee or its agents, directors,
officials, officers and employees, and any and all costs and expenses incurred by or on behalf of
the Trustee in defending against the same, of any character whatsoever (unless such damage or
liability is adjudicated to have resulted from the negligence or willful misconduct of the Trustee).
The Trustee and its officers and directors may acquire and hold or become pledgees of
Bonds and other obligations of the City and otherwise may deal with the City in the same
manner and to the same extent and with like effect as though it were not Trustee hereunder, and
may act as depository for and permit any of its officers and directors to act as members of, or in
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any other capacity with respect to, any committee formed to protect the rights of Owners,
whether or not such committee represents the Owners of the majority in aggregate principal
amount of the Bonds then Outstanding.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 7.11. Resignation of Trustee.
The Trustee may resign and be discharged from the trusts created by this Ordinance by
giving to the City at least 60 days’ advance written notice. Such resignation shall take effect on
the day specified in such notice, but the Trustee shall not be discharged from the trusts hereby
created until a successor Trustee has been approved and appointed. Subsequent to such date, the
Trustee shall have no further duties and obligations under this Ordinance.
(a) The Trustee may be removed at any time, either with or without cause, by the
City (provided that an Event of Default has not occurred and is then continuing hereunder) or the
Owners of a majority in aggregate principal amount of Outstanding Parity Bonds, provided that
all fees and expenses of the Trustee that are due and owing pursuant to Section 7.9 shall first be
paid.
(b) Any removal of the Trustee pursuant to this Section shall be effected by delivery
to the Trustee of a written instrument to that effect signed by an Authorized Representative.
(c) Such removal shall take effect on the day specified in such notice, but the Trustee
shall not be discharged from the trusts hereby created until a successor Trustee has been
approved and appointed. Subsequent to such date, the Trustee shall have no further duties and
obligations under this Ordinance.
(a) In case at any time the Trustee shall resign, be removed or otherwise become
incapable of acting, or shall be adjudged a bankrupt or insolvent, or if a receiver of the Trustee or
of its property shall be appointed, or if a public supervisory office shall take charge or control of
the Trustee or of its property or affairs, a vacancy shall forthwith and ipso facto be created in the
office of such Trustee hereunder, and the City shall promptly appoint a successor trustee. Any
such appointment shall be made by a written instrument executed by an Authorized
Representative. The City shall direct the successor Trustee to mail notice by first class mail,
postage prepaid, at least once within 30 days of such appointment, to the Owners of all
Outstanding Parity Bonds at their addresses on the Register.
(b) If, in a proper case, no appointment of a successor Trustee shall be made pursuant
to Section 7.13(a) within 90 days after the receipt by the City of the Trustee’s notice of
resignation given pursuant to Section 7.11 or of removal of the Trustee pursuant to Section 7.12,
the retiring Trustee, at the expense of the City, or any Owner may apply to any court of
competent jurisdiction to appoint a successor Trustee. The court may thereupon, after such
notice, if any, as such court may deem proper and prescribe, appoint a successor Trustee.
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(c) There shall at all times be a Trustee hereunder which shall be an association or a
corporation organized and doing business under the laws of the United States or any state
thereof, authorized under such laws to exercise corporate trust powers. Any successor Trustee
shall have a combined capital and surplus of at least $50,000,000 and assets under trust of at
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
least $50,000,000, and be subject to supervision or examination by federal or state authority, or
shall have been appointed by a court of competent jurisdiction pursuant to Section 7.13(b). If
such association or corporation publishes reports of condition at least annually, pursuant to law
or to the requirements of any supervising or examining authority referred to above, then for the
purposes of this Section, the combined capital and surplus of such association or corporation
shall be deemed to be its combined capital and surplus as set forth in its most recent report of
condition so published. If at any time any successor Trustee shall cease to be eligible in
accordance with the provisions of this Section and another association or corporation is eligible,
the Trustee shall resign immediately in the manner and with the effect specified in Section 7.11.
Any person into which the Trustee may be converted or merged, or with which it may be
consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole
or substantially as a whole, or any corporation or association resulting from any such conversion,
sale, merger, consolidation or transfer to which it is a party, ipso facto, shall be and become
successor trustee hereunder and shall be vested with all of the title to the funds, accounts and
assets held hereunder and all the trusts, powers, discretions, immunities, privileges and all other
matters as was its predecessor, without the execution or filing of any instrument or any further
act, deed or conveyance on the part of any person, anything herein to the contrary
notwithstanding, but only if such resulting entity is entitled under state or federal law to exercise
corporate trust powers.
Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to
its predecessor and also to the City a written instrument accepting such appointment hereunder,
and thereupon such successor, without any further act, deed or conveyance, shall become fully
vested with the rights, powers, trusts, duties and obligations of its predecessor; but such
predecessor shall, nevertheless, on the written request from an Authorized Representative
execute and deliver a written instrument transferring to such successor all the funds, accounts
and assets hereunder and the rights, powers, trusts, duties and obligations of such predecessor
hereunder, and every predecessor trustee shall deliver all funds held by it as Trustee hereunder to
its successor. Should any assignment, conveyance or written instrument from the City be
required by any successor Trustee for more fully and certainly vesting in such successor Trustee
the Trust Estate and rights, powers, trusts, duties and obligations hereby vested or intended to be
vested in the predecessor Trustee, any and all such assignments, conveyances and written
instruments shall, on request, be executed, acknowledged and delivered by the City. Each
successor Trustee shall give, or cause the Registrar to give, notice of its appointment to all
Owners appearing on the Register as of the date of appointment. The City shall reimburse the
predecessor Trustee for any expenses (including fees and disbursements of its in-house or
outside counsel) incurred under this Section as an Administrative Expense.
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The Trustee’s rights to immunity and protection from liability hereunder, its right to
receive payment of its fees and expenses and its rights to indemnification hereunder shall survive
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
its removal or resignation and the final payment, defeasance or discharge of the Parity Bonds and
the termination of the lien of this Ordinance.
It is the intent of the City and the Trustee that there shall be no violation of any law of
any jurisdiction (including particularly the law of the State) denying or restricting the right of
banking corporations or associations to transact business as Trustee in such jurisdiction. It is
recognized that in case of litigation under this Ordinance, and, in particular, in case of the
enforcement of any of them on default, or in case the Trustee deems that by reason of any
present or future law of any jurisdiction it may not exercise any of the powers, rights or remedies
granted herein to the Trustee or hold title to the properties, in trust, as herein granted, or take any
other action which may be desirable or necessary in connection therewith, it may be necessary
that the Trustee appoint, with the consent of the City, an additional individual or institution as a
separate trustee or co-trustee. The following provisions of this Section are adopted to these ends.
In the event that the Trustee appoints an additional individual or institution as a separate
trustee or co-trustee, in the event of the incapacity or lack of authority of the Trustee, by reason
of any present or future law of any jurisdiction, to exercise any of the rights, powers, trusts and
remedies herein granted to the Trustee or to hold title to the funds, accounts and assets hereunder
or to take any other action which may be necessary or desirable in connection therewith, each
and every remedy, power, right, obligation, claim, demand, cause of action, immunity, estate,
title, interest and lien expressed or intended by this Ordinance to be imposed upon, exercised by
or vested in or conveyed to the Trustee with respect thereto shall be imposed upon, exercisable
by and vested in such separate trustee or co-trustee, but only to the extent necessary to enable
such separate trustee or co-trustee to exercise such powers, rights, trusts and remedies, and every
covenant and obligation necessary to the exercise thereof by such separate trustee or co-trustee
shall run to and be enforceable by either of them. Such separate trustee or co-trustee shall deliver
an instrument in writing acknowledging and accepting its appointment hereunder to the City and
the Trustee.
Should any instrument in writing from the City be required by the separate trustee or co-
trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to it
such properties, rights, powers, trusts, duties and obligations, any and all such instruments in
writing shall, on request, be executed, acknowledged and delivered by the City. If the City shall
fail to deliver the same within 15 days of such request, the Trustee is hereby appointed attorney-
in-fact for the City to execute, acknowledge and deliver such instruments in the City’s name and
stead. In case any separate trustee or co-trustee, or a successor to either, shall die, become
incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties
and obligations of such separate trustee or co-trustee, so far as permitted by law, shall vest in and
be exercised by the Trustee until the appointment of a new trustee or successor to such separate
trustee or co-trustee.
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No trustee hereunder shall be personally liable by reason of any act or omission of any
other trustee hereunder, nor will the act or omission of any trustee hereunder be imputed to any
other trustee.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
ARTICLE VIII
(a) The Bonds are hereby officially sold and awarded and shall be delivered to the
Purchaser, in accordance with the terms and provisions of that certain Bond Purchase Agreement
(the “Purchase Agreement”) relating to the Bonds between the City and the Purchaser and dated
the date of the passage of this Ordinance. The form and content of such Purchase Agreement are
hereby approved, and the Mayor is hereby authorized and directed to execute and deliver the
Purchase Agreement to the Purchaser. It is hereby officially found, determined and declared that
the terms of this sale are the most advantageous reasonably obtainable. The Bonds shall initially
be registered in the name of the Purchaser or its designee.
(b) All officers and officials of the City are authorized to take such actions and to
execute such documents, certificates and receipts, and to make such elections with respect to the
status of the Bonds, as they may deem necessary and appropriate in order to consummate the
delivery of the Bonds. Further, in connection with the submission of the record of proceedings
for the Bonds to the Attorney General of the State of Texas for examination and approval of such
Bonds, 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 not to
exceed $9,500).
(c) The obligation of the Purchaser to accept delivery of the Bonds is subject to the
Purchaser being furnished with the final, approving opinion of Vinson & Elkins L.L.P., Bond
Counsel for the City, which opinion shall be dated as of and delivered on the Closing Date.
(a) In addition to the funds created by Series 2009 Bond Ordinance authorizing the
Series 2009 Bonds and the funds created by the Series 2009A Bond Ordinance authorizing the
Series 2009A Bonds, which funds and the requirements to make deposits thereto are hereby
reaffirmed, the following special funds shall be reaffirmed and maintained by the Trustee and the
City as long as the Parity bonds are outstanding and unpaid to wit:
(b) The creation of the Venue Project Fund (a separate account held by the City and
not part of the Trust Estate) by the City pursuant to the Venue Project Fund Resolution is hereby
reaffirmed, and the City hereby reaffirms the following additional special funds or accounts:
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Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
(v) Costs of Issuance Fund;
First, all Venue Hotel Tax Revenues received to the Venue Project Fund, which is held
by the City pursuant to Chapter 334, Local Government Code and is not part of the Trust Estate;
Second, to the Venue Hotel Occupancy Tax Fund in the amount provided in Section 8.4;
Third, to the Debt Service Fund, to pay Debt Service on the Parity Bonds, when issued as
authorized by this Ordinance and the ordinances authorizing any Additional Parity Obligations;
Fourth, to the Reserve Fund for the Additional Parity Bonds until the Reserve Fund
Requirement for the Additional Parity Bonds is met;
Sixth, to the Subordinate Lien Bond Fund for the payment of debt service on any
Subordinate Lien Bond Fund for the payment of debt service on any Subordinate Lien Bonds
issued pursuant to Sections 10.4 and 10.5 herein. Such Fund shall be established pursuant to the
Ordinances authorizing the Subordinate Lien Bonds.
Seventh, to the City for deposit to the Maintenance and Operations Fund until the
Maintenance and Operations Requirement is met; and
Eighth, to the City for any lawful purpose pursuant to Chapter 334.
(a) Pursuant to the Series 2009 Ordinance, on each Chapter 351 Quarterly Payment
Date in each Certificate Year, which began with the February 15, 2009 Quarterly Payment Date,
the City shall transfer 2/7 of the Chapter 351 Quarterly Payment plus additional Chapter 351
Hotel Revenues in the amount of $157,000.00 (collectively, the “2/7”) to the Trustee for deposit
to the Chapter 351 Hotel Occupancy Tax Fund for the purpose of saving such funds for the
payment of Debt Service on the Parity Certificates in the subsequent Certificate Year. The
remaining 5/7 of the Chapter 351 Quarterly Payment minus $157,000.00 (collectively, the “5/7”)
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received by the City shall be retained by the City and used for any lawful purpose pursuant to the
Ordinance authorizing the Parity Certificates.
(b) On the Business Day following the Quarterly Payment Date on August 15 of each
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Certificate Year, which began with the Quarterly Payment on August 15, 2009, pursuant to the
Series 2009 Ordinance, the Trustee shall calculate the amount on deposit in the Chapter 351
Hotel Occupancy Tax Fund. Such funds shall be used to pay Debt Service on the Parity
Certificates and Debt Service on the Parity Bonds, if necessary, pursuant to 8.4 below. Pursuant
to the Ordinance authorizing the Parity Certificates, the City has the option to assess an ad
valorem tax to pay Debt Service on the Parity Certificates such that all or a portion of the
amounts in the Chapter 351 Hotel Occupancy Tax Fund would be available to pay Debt Service
on the Parity Bonds, pursuant to 8.4 below.
(a) On each Quarterly Payment Date in each Bond Year, beginning with the May 15,
2009 Quarterly Payment Date, the City shall transfer all of the Venue Quarterly Payment to the
Trustee for deposit to the Venue Hotel Occupancy Tax Fund for the purpose of saving such
funds for the payment of Debt Service on the Parity Bonds in the subsequent Bond Year.
(b) On the Business Day following the Quarterly Payment Date on August 15 of each
Bond Year, beginning with Quarterly Payment on August 15, 2010, the Trustee shall calculate
the amount on deposit in the Venue Hotel Occupancy Tax Fund. If the amount on deposit in the
Venue Hotel Occupancy Tax Fund, taking into account any amounts then on deposit in the
Venue Hotel Occupancy Tax Fund, including investment earnings actually realized (including
accrued interest and amortization of original issue discount or premium) and money deposited in
the Debt Service Fund from the proceeds of the Bonds, if any (with respect to the payment of
Debt Service on the Bonds), is sufficient to pay the Debt Service on the Parity Bonds in the
subsequent Obligation Year, then the Trustee shall deposit an amount equal to the subsequent
Bond Year’s Debt Service requirements on the Parity Bonds to the Debt Service Fund for the
Parity Bonds. For purposes of the calculation made by the Trustee pursuant to this section for
determining the total amount of Debt Service on the Outstanding Parity Bonds in the subsequent
Obligation Year, interest on the Outstanding Series 2009 Bonds shall be assumed to be Bond
Buyers 25 Revenue Bond Index rate, interest on the Outstanding Series 2009A Bonds shall be
calculated at the Fixed Rate for the duration of the Fixed Rate Period and thereafter, shall be
assumed to be the Bond Buyers 25 Revenue Bond Index rate and interest on the outstanding
Bonds shall be calculated at the Interest Rate for the Interest Rate Period then in effect until its
expiration, and thereafter, shall be assumed to be the Bond Buyers 25 Revenue Bond Index rate;
and
(c) After the calculation in (b) above, if the Trustee determines that the combined
amount on deposit in the Venue Hotel Occupancy Tax Fund, taking into account any amounts
then on deposit in the Venue Hotel Occupancy Tax Fund, including investment earnings actually
realized (including accrued interest and amortization of original issue discount or premium) and
money deposited in the Debt Service Fund from the proceeds of the Bonds, if any (with respect
to the payment of Debt Service on the Bonds), is not sufficient to pay Debt Service on the Parity
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Bonds in the subsequent Bond Year, then the Trustee shall notify the City of the amount of the
deficit in the Venue Hotel Occupancy Tax Fund.
(d) Upon the Trustee’s notification in (c) above, the Trustee shall transfer all amounts
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
in the Venue Hotel Occupancy Tax Fund to the Debt Service Fund for the Parity Bonds, on a pro
rata basis based on the Parity Bonds Outstanding. Depending on the City’s instruction to the
Trustee regarding the payment of Debt Service on the Parity Certificates (which instruction shall
be within 15 days of the notification pursuant to the ordinance authorizing the Parity
Certificates), the Trustee shall take the following actions:
(i) If the City elects to levy an ad valorem tax to cover the entirety of the
Debt Service on the Parity Certificates in the subsequent Certificate Year, then all
amounts held in the Chapter 351 Hotel Occupancy Tax Fund shall be transferred to the
Debt Service Fund for payment of the Parity Bonds, on a pro rata basis. The City shall
not be authorized to levy an ad valorem tax to pay any Debt Service on the Parity Bonds.
(A) If, after the transfers made pursuant to (d)(i), there remains a Debt
Service shortfall on the Debt Service for the Parity Bonds, the Trustee shall
transfer from the 5/7 of the Chapter 351 Quarterly Payment (the “5/7”) on the
next Quarterly Payment Date and each subsequent Quarterly Payment Date, if
necessary, amounts sufficient to cover any remaining Debt Service shortfall on
the Parity Bonds in the subsequent Bond Year, to the Debt Service Fund for the
Parity Bonds. Such transfers shall be made on a pro rata basis to the Parity
Bonds.
(ii) If the City elects to levy an ad valorem tax to cover less than the entirety
of the Debt Service on the Parity Certificates for the subsequent Certificate Year, then the
Trustee shall calculate any remaining Debt Service shortfall on the Parity Certificates
after the application of the ad valorem tax revenues and shall transfer amounts held in the
Chapter 351 Hotel Occupancy Tax Fund to the Debt Service Fund for the Parity
Certificates and the Parity Bonds, on a pro rata basis, respectively, in amounts necessary
to cover the Debt Service shortfall on the Parity Certificates and the Parity Bonds,
respectively, in the subsequent Obligation Year.
(A) If, after the transfers made pursuant to (d)(ii), there remains a Debt
Service shortfall on the Debt Service for the Parity Certificates and the Parity
Bonds, the Trustee shall transfer from the 5/7 of the Chapter 351 Quarterly
Payment on the next Quarterly Payment Date and each subsequent Quarterly
Payment Date, if necessary, amounts sufficient to cover any remaining Debt
Service shortfall on the Parity Certificates and the Parity Bonds, respectively, in
the subsequent Bond Year, to the Debt Service Fund for the Parity Bonds. Such
transfers shall be made on a pro rata basis, to the Parity Bonds, respectively.
(e) If the Trustee determines that, on any Quarterly Payment Date, amounts on
deposit in the Venue Hotel Occupancy Tax Fund are sufficient to pay Debt Service on the Parity
Bonds in the current Bond Year and in the subsequent Bond Year combined, the Trustee shall
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transfer the excess amount of the Venue Hotel Tax held pursuant to section (a) above, to the City
to be used for any lawful purpose.
(f) Upon the occurrence of the release of all or a portion of the Venue Hotel Tax
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
pursuant to (e) above, the Trustee shall not begin transfers pursuant to (a) above until the first
Quarterly Payment Date of the subsequent Bond Year.
(a) Money on deposit in the Debt Service Fund shall be used to pay the principal of
and interest on the Parity Bonds as such become due and payable
(b) From time to time as needed to pay the obligations relating to the Bonds, but no
later than five (5) Business Days before each Interest Payment Date, the Trustee shall withdraw
funds from Debt Service Fund amounts sufficient to pay Debt Service on the Bonds.
(c) If, after the foregoing transfers, there are insufficient funds to make the payments
provided in (a) above, the Trustee shall apply the available funds in the Debt Service Fund first
to the payment of interest, then to the payment of principal (including any Sinking Fund
Installments).
(a) There is no Reserve Fund Requirement for the Bonds, and no Reserve Fund will
be funded from proceeds of the Bonds or any other funds. Any Additional Parity Bonds issued
by the City may authorize a Reserve Fund for such Additional Parity Bonds in an amount not to
exceed the Reserve Fund Requirement. All amounts deposited into the Reserve Fund shall be
used for the purpose of making transfers to the Debt Service Fund to pay Debt Service on the
Additional Parity Bonds in the event of any deficiency in the Debt Service Fund.
(b) If, after a Reserve Fund withdrawal pursuant to paragraph (a) above, the amount
on deposit in the Reserve Fund is less than the Reserve Fund Requirement, the Trustee shall
transfer from the Venue Hotel Occupancy Tax Fund the amount of such deficiency pursuant to
the flow of funds above on the 5th Business Day after each Quarterly Payment Date in equal
amounts sufficient to restore the amount on deposit in the Reserve Fund to the Reserve Fund
Requirement over 24 months (the “Replenishment Period”). If there are insufficient funds from
the Venue Hotel Quarterly Payment to make such payments to restore the reserve Fund
requirement on each 5th Business Day after each Quarterly Payment Date, then the City shall
draw from the 5/7 from each Chapter 351 Quarterly Payment in amounts necessary to replenish
the amount in the Reserve Fund to the Reserve Fund Requirement during the Replenishment
Period. Such amounts drawn from the 5/7 shall be transferred to the Trustee for deposit to the
Reserve Fund.
(a) The Maintenance and Operations Fund shall be held by the City and funds in the
Maintenance and Operations Fund shall be disbursed by the City for the payment of: (i) ongoing
operating and maintenance expenditures relating to the Entertainment Venue, (ii) repair and
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replacement expenses relating to the Entertainment Venue; or (iii) the payment of Debt Service
on the Parity Bonds.
(b) Subsequent to the transfers of Venue Hotel Tax Revenues pursuant to Section 8.4
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
herein, the City shall hold funds in the Maintenance and Operations Fund in an amount sufficient
to cause the Maintenance and Operations Fund to satisfy the Maintenance and Operations
Requirement, taking into account any funds on hand in the Maintenance and Operations Fund
that have not been expended by the City for the payment of ongoing operating and maintenance
expenditures relating to the Convention Center. Such transfers pursuant to Section 8.4 shall only
be made to the extent such funds are not required for the payment of Debt Service on the Parity
Bonds or for the payment of Administrative Expenses, and to the extent that the Reserve Fund
for the Additional Parity Bonds is fully funded in an amount equal to the Reserve Fund
Requirement.
(c) Funds in the Maintenance and Operations Fund may be transferred to the Debt
Service Fund, at the discretion of the City, to be used for the payment of Debt Service on the
Parity Bonds. Should the City elect to use such funds on deposit in the Maintenance and
Operations Fund for the payment of Debt Service on the Parity Bonds, the City shall transfer
such funds to the Trustee and the Trustee shall deposit such funds into the Debt Service Fund,
pursuant to a Letter of Instructions.
(a) Money on deposit in the Project Fund, including investment earnings thereof,
shall be held by the City and shall be used for the purposes specified in Section 3.1 of this
Ordinance.
(b) All amounts remaining in the Project Fund after the accomplishment of the
purposes for which the Bonds are hereby issued, including investment earnings of the Project
Fund, shall be deposited into the Debt Service Fund.
On the Closing Date, the Trustee shall deposit bond proceeds in the amount specified in
Section 8.12 to the Costs of Issuance Fund for disbursement to pay the costs of issuing the
Bonds. The Costs of Issuance Fund shall be closed the earlier of (i) once all funds have been
disbursed on Closing Date, or (ii) 180 days following the Closing Date. To the extent there are
any funds remaining, the funds shall be transferred to the City to be deposited to the Project
Fund.
(a) Upon receipt of 30-day actual notice of Administrative Expenses due and owing
to any Person under this Ordinance, the City shall direct the Trustee to pay such outstanding
Administrative Expenses to the Person such Administrative Expenses are owed pursuant to a
Letter of Instructions.
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(b) On a quarterly basis, subsequent to the transfers described in Section 8.4 the
Trustee shall transfer from the Administrative Expenses Fund, an amount required to pay the
Administrative Expenses then due of which the City has 30-day actual notice prior to the due
date thereof.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
(c) As identified in the Letter of Instructions, the Trustee shall pay an amount equal
to the Administrative Expenses then due from the Administrative Expenses Fund.
All moneys on deposit in the funds referred to in this Ordinance shall be secured in the
manner and to the fullest extent required by the laws of the State of Texas for the security of
public funds, and moneys on deposit in such funds shall be used only for the purposes permitted
by this Ordinance.
(a) All proceeds of the Bonds received on the Closing Date as accrued interest on the
Bonds from the Bond Date to the Closing Date, shall be deposited to the Debt Service Fund.
(b) The remaining proceeds of the Bonds received on the Closing Date shall be
transferred to the City and deposited to the Project Fund, such moneys to be dedicated and used
for the purposes specified in Section 3.1.
(a) Money in any fund or account created hereunder at the option of the City, may be
invested in such securities or obligations as permitted under Applicable Law. All investments
shall be made by the Trustee pursuant to a Letter of Instructions which Letter of Instructions
shall be in accordance with Applicable Law and the City’s investment policy approved by the
City Council from time to time. Such investments shall mature in such amounts and at such
times as may, in the judgment of the Authorized Officer executing such Letter of Instructions, be
necessary to provide funds when needed to make timely payments from such fund or account. In
order to avoid loss in the event of a need for funds, the City may, in lieu of a liquidation of
investments in the fund or account needing funds, exchange such investments for investments in
another fund or account that may be liquidated at no, or at a reduced, loss. In the event that the
City fails to provide the Trustee with a Letter of Instructions regarding the investment of monies
in any fund or account created hereunder, the Trustee is authorized to invest such funds in the
Wells Fargo 100% Treasury Money Market Fund.
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(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
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
approval of the Attorney General of the State of Texas, registration by the Comptroller of Public
Accounts of the State 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 Purchaser under and subject to the general supervision and direction of the
Mayor, and pursuant to Section 3.10 herein.
(c) In the event the Mayor or City Secretary is absent or otherwise unable to execute
any document or take any action authorized herein, the Mayor Pro Tem and the Assistant City
Secretary, respectively, shall be authorized to execute such documents and take such actions, and
the performance of such duties by the Mayor Pro Tem and the Assistant City Secretary shall for
the purposes of this Ordinance have the same force and effect as if such duties were performed
by the Mayor and City Secretary, respectively.
ARTICLE IX
INVESTMENTS
(a) Money in the funds and accounts created by this Ordinance, at the option of the
City, may be invested in such securities or obligations as permitted under applicable law as in
effect on the date of the investment.
(b) Any securities or obligations in which money 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.
Interest and income derived from investment of any fund created by this Ordinance shall
be credited to such Fund.
ARTICLE X
ADDITIONAL BONDS
The City hereby covenants that it will not issue any additional bonds or other obligations
payable from and secured by a lien on and pledge of the Pledged Special Taxes that is senior to
the lien security for the Parity Bonds.
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The City expressly reserves the right to issue refunding bonds to refund all or a portion of
the Parity Bonds. Such refunding bonds may be secured by a lien on the Pledged Special Taxes
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
on a parity with or subordinate to the lien securing the Parity Bonds.
Section 10.3. Additional Parity Bonds Secured by the Pledged Special Taxes.
The City has reserved and retained the right to issue or incur additional bonds secured in
whole or in part by a parity lien on the Pledged Special Taxes (the “Additional Parity Bonds”);
provided, however, that no Additional Parity Bonds may be issued without the consent of the
Purchaser.
Section 10.4. Other Additional Bonds Secured by the Chapter 351 Hotel Taxes.
The City reserves the right to issue additional bonds secured in whole or in part by a lien
junior and subordinate to the lien on the Chapter 351 Hotel Taxes securing payment of the Parity
Bonds, including bonds to refund such junior lien bonds. Such additional junior lien bonds
secured by the Chapter 351 Hotel Tax may also contain a pledge of other lawfully available
revenues of the City.
The City has issued its Combination Tax and Hotel Occupancy Tax Revenue Certificates
of Obligation, Series 2009 (the “Parity Certificates”) with a pledge of the Chapter 351 Hotel Tax
that is on a parity with the pledge of the Chapter 351 Hotel Tax securing the Parity Bonds. In the
Ordinance authorizing the Parity Certificates, the City has retained the right to issue additional
parity obligations containing a parity pledge of the Chapter 351 Hotel Tax.
Section 10.6. Other Additional Bonds Secured by the Venue Hotel Taxes.
The City reserves the right to issue or incur additional bonds secured in whole or in part
by a lien junior and subordinate to the lien on the Venue Hotel Taxes securing payment of the
Parity Bonds (the “Subordinate Lien Bonds”), including bonds to refund such Subordinate Lien
Bonds; provided, however, that no Subordinate Lien Bonds may be issued without the consent of
the Purchaser. Such additional junior lien bonds secured by the Venue Hotel Tax may also
contain a pledge of other lawfully available revenues of the City.
ARTICLE XI
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
Debt Service Fund, money sufficient to pay such interest on and principal of the Bonds as will
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accrue or mature on the applicable Interest Payment Date, maturity date or date of prior
redemption.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
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 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 XII
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
(iii) the City’s credit rating is downgraded below BBB or Baa3 by Standard &
Poor’s Rating Services, a Division of The McGraw-Hill Companies or Moody’s Investor
Service, Inc.
(a) Upon the happening and continuance of any of the Events of Default described in
Section 12.1:
(i) The Trustee shall transfer all amounts representing Venue Hotel Tax
Revenues received from the City that are held by the Trustee and any Chapter 351 Hotel
Tax Revenues that are held by the Trustee to the Debt Service Fund immediately as
received, and shall discontinue transfers to any other funds, accounts or subaccounts
under Article IX until such default has been cured in full and all payments of Debt
Service on Outstanding Parity Bonds are made current; in the event Venue Hotel Tax
Revenues and Chapter 351 Hotel Tax Revenues held by the Trustee are not adequate to
cure each and every default, the available Venue Hotel Tax Revenues and any Chapter
351 Hotel Tax Revenues held by the Trustee shall be applied, on a pari passu basis to the
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payment of Debt Service on the Parity Certificates (with respect to the Chapter 351 Hotel
Tax Revenues) and the Parity Bonds (with respect to both the Chapter 351 Hotel Tax
Revenues and the Venue Hotel Tax Revenues);
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
(ii) The Owners of at least 25% of the principal amount of the Parity Bonds
then Outstanding, may proceed against the City for the purpose of protecting and
enforcing the rights of the Owners under this Ordinance, by action seeking mandamus or
by other suit, action or special proceeding in equity or at law, in any court of competent
jurisdiction, for any relief to the extent permitted by Applicable Law, including, but not
limited to, the specific performance of any covenant or agreement contained herein, or
injunction; provided, however, that the maturity of the Parity Bonds shall not be subject
to acceleration upon the occurrence of an Event of Default hereunder.
(b) From and after the 30th day after the occurrence of an Event of Default (for which
a remedy is required or is sought under either subsection (a)(i) or (a)(ii) of this Section 12.2,
above) has been cured, the City shall be restored to its former position under this Ordinance prior
to the occurrence of such Event of Default. Any proceedings theretofore commenced for relief
shall be abandoned and dismissed within 30 days after such Event of Default has been cured.
(c) Notwithstanding any provision herein, upon the occurrence of an Event of Default
hereunder or an event of default, amounts on deposit in the Project Fund, and any earnings
thereon, shall be maintained in the Project Fund and shall be applied to the payment of Project
Costs in accordance with Section 8.8.
(a) Except to enforce the rights given under Section 12.3(b), no Owner of any Parity
Bonds shall have any right to institute any action, suit or proceeding at law or in equity for the
enforcement of this Ordinance or for the execution of any trust thereof or any other remedy
hereunder, unless (a) a default has occurred and is continuing of which the Trustee has been
notified in writing as provided in Section 7.1(b), or of which by such Section it is deemed to
have notice, (b) such default has become an Event of Default and the Owners of 25% of the
aggregate principal amount of Parity Bonds then Outstanding have made written request to the
Trustee and offered it reasonable opportunity either to proceed to exercise the powers
hereinbefore granted or to institute such action, suit or proceeding in its own name, (c) the
Owners have offered to the Trustee indemnity as provided in Section 7.6, (d) the Trustee has for
60 days after such notice failed or refused to exercise the powers hereinbefore granted, or to
institute such action, suit or proceeding in its own name, (e) no direction inconsistent with such
written request has been given to the Trustee during such 60 day period by the Owners of a
majority of the aggregate principal amount of the Parity Bonds Outstanding, and (f) notice of
such action, suit or proceeding is given to the Trustee; no one or more Owners of the Parity
Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice this
Ordinance by its, his or their action or to enforce any right hereunder except in the manner
provided herein, and that all proceedings at law or in equity shall be instituted and maintained in
the manner provided herein and for the equal benefit of the Owners of all Parity Bonds then
Outstanding. The notification, request and offer of indemnity set forth above shall, at the option
of the Trustee, be conditions precedent to the execution of the powers and trusts of this
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16.a
Ordinance and to any action or cause of action for the enforcement of this Ordinance or for any
other remedy hereunder.
(b) Nothing in this Ordinance shall affect or impair the right of any Owner to enforce,
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
by action at law, payment of any Parity Bonds at and after the maturity thereof, or on the date
fixed for redemption or the obligation of the City to pay each Parity Bonds issued hereunder to
the respective Owners thereof at the time, place, from the source and in the manner expressed
herein and in the Parity Bonds.
In case the Trustee or any Owners shall have proceeded to enforce any right under this
Ordinance and such proceedings shall have been discontinued or abandoned for any reason or
shall have been determined adversely to the Trustee or any Owners, then and in every such case
the City, the Trustee, and the Owners shall be restored to their former positions and rights
hereunder, and all rights, remedies and powers of the Trustee shall continue as if no such
proceedings had been taken.
No delay or omission of the Trustee, or any Owner 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 an acquiescence therein; and every power and remedy given by this
Ordinance to the Trustee, and the Owners, respectively, may be exercised from time to time and
as often as may be deemed expedient.
(a) Any request, consent, revocation of consent or other instrument which this
Ordinance may require or permit to be signed and executed by the Owners of Bonds may be in
one or more instruments of similar tenor, and shall be signed or executed by such Owners in
person or by their attorneys appointed in writing. Proof of the execution of any such instrument,
or of any instrument appointing any such attorney, or the holding by any person of the Parity
Bonds shall be sufficient for any purpose of this Ordinance (except as otherwise herein expressly
provided) if made in the following manner:
(i) The fact and date of the execution by any Owner of Parity Bonds or his or
her attorney of such instruments may be provided by a guarantee of the signature thereon
by a bank or trust company or by the certificate of any notary public or other officer
authorized to take acknowledgments of deeds, that the person signing such request or
other instrument acknowledged to him the execution thereof, or by an affidavit of a
witness of such execution, duly sworn to before such notary public or other officer.
Where such execution is by an officer of a corporation or association or a member of a
partnership, on behalf of such corporation, association or partnership, such signature
guarantee, certificate or affidavit shall also constitute sufficient proof of his authority.
(ii) The ownership of registered Parity Bonds and the amount, numbers and
other identification and date of holding the same shall be proved by the Register.
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16.a
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 12.6. Remedies Not Exclusive.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
ARTICLE XIII
AMENDMENTS OF ORDINANCE
This Ordinance shall not be modified or amended in any respect except as provided in
and in accordance with and subject to the provisions of this Article.
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,
including the curing of any ambiguity, inconsistency, or format defect or omission herein or to
make clear the intent of the City with respect to the provisions herein. In addition, the City may,
with the written consent of Owners holding a majority in aggregate principal amount of the
Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this
Ordinance; provided that, without the consent of all Owners of Outstanding Parity Bonds, no
such amendment, addition, or rescission shall (1) extend the time or times of payment of the
Debt Service on the Parity Bonds, reduce the principal amount or Maturity Amounts thereof, the
redemption price of the Bonds, or the rate of interest thereon, or in any other way modify the
terms of payment of the Debt Service on the Bonds or the security for the Bonds, (2) give any
preference to any Bonds over any other Parity Bonds, or (3) reduce the aggregate principal
amount of the Bonds required for consent to any such amendment, addition, or rescission.
The City may at any time adopt an amendment to this Ordinance making a modification
or amendment permitted by the provisions of Section 13.2, to take effect when and as provided
in this Section. A copy of such amendment (or brief summary thereof or reference thereto),
together with a request for consent, addressed to each Owner whose consent is required, shall
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16.a
promptly after adoption be mailed by the City to the appropriate Owners (but failure to mail such
copy and request shall not affect the validity of the amendment to the Ordinance when consented
to as herein provided). Such amendment shall not be effective unless and until the City shall
have received the written consents and the proper Owners having the percentages specified in
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 13.2. Any such consent shall be continuously binding upon the Owner giving such
consent and upon any subsequent Owner thereof and of any Parity Bonds issued in exchange
therefor (whether or not such subsequent Owner thereof has notice thereof), unless such consent
is revoked in writing by the Owner giving such consent or a subsequent Owner thereof by filing
with the City, prior to the time action is taken in response to such consents. At any time
thereafter notice, stating in substance that the amendment has been consented to by the Owners
of the required percentages of Parity Bonds and will be effective as hereinafter provided, shall be
given to the Owners (whose consent was required) by the City by mailing such notice to such
Owners (but failure to mail such notice shall not prevent such amendment from becoming
effective and binding). The amendment shall be deemed conclusively binding upon the City, the
Trustee, the Paying Agent/Registrar, and all Owners at the expiration of 30 days after the mailing
by the City of such last mentioned notice, except in the event of a final decree of a court of
competent jurisdiction setting aside such amendment in a legal action or equitable proceeding for
such purpose commenced within such 30 day period; provided, however, that the City, the
Paying Agent/Registrar, and the Trustee during such 30 day period and any such further period
during which any such action or proceeding may be pending shall be entitled in their reasonable
discretion to take such action, or to refrain from taking such action, with respect to such
amendment as they may deem expedient.
Any provision in this Article for the mailing of a notice or other document to Owners
shall be fully complied with if it is mailed, first class postage prepaid, only to each registered
owner of Owners at the address, if any, appearing upon the Register.
The Parity Bonds owned or held by or for the account of the City will not be deemed
Outstanding for the purpose of consent or other action or any calculation of Outstanding Bonds
provided for in this Ordinance, and the City shall not be entitled with respect to such Bonds to
give any consent or take any other action provided for in this Ordinance.
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16.a
ARTICLE XIV
DISCHARGE
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
Section 14.1. Discharge.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Each party may designate further or different addresses to which subsequent notices, certificates
or other communications shall be sent.
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16.a
All Ordinances, orders, actions or other proceedings of the City hereto adopted or taken
which are in conflict herewith are repealed to the extent of any such conflict.
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
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16.a
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
___________________________________
Mayor, City of Irving, Texas
ATTEST:
___________________________________
City Secretary
City of Irving, Texas
APPROVED AS TO FORM:
___________________________________
City Attorney
City of Irving, Texas
The Trustee, acting by and through the below named duly authorized officer, hereby
accepts the trusts imposed by this Ordinance and agrees to perform the duties of Trustee
Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
hereunder, but only upon and subject to the express terms and conditions herein.
By: _____________________________
Title: _____________________________
A-1
233316v.3 IRV450/71021
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17
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By:
Previous Action: 2009-9109 Council Action: 9/3/2009 - Withdrawn No Vote
REVISION INFORMATION:
Prepared: 12/29/2009 12:38 PM by Winnie Hunter
Last Updated: 1/28/2010 10:34 AM by Winnie Hunter
SECTION 1. That Section 52-1 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
The following monthly rates are hereby established and shall be collected for water services
furnished through the facilities of the City of Irving:
The following monthly service charges, based on meter size, include the first 3,000 gallons of
consumption:
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Packet Pg. 186
17
(c) Customer receiving water at one (1) location through more than one (1) meter: If the city does
not have a single meter of sufficient size to meter the water volume of an apartment,
commercial or industrial customer and more than one (1) meter must be used to meter the water
quantity, the minimum water rate will be applied to one (1) of said multiple meters only.
Any customer receiving water service at one (1) location or complex through more than one (1)
meter will receive only one (1) twenty thousand (20,000) gallon allowance during the summer
period, June through September consumption, before the conservation rate is applied.
A large industrial customer is defined as a business which uses water in the production of a
product and has an average consumption of eight (8) million gallons per month or greater. If
the customer is receiving water service at one (1) location or complex through more than one
(1) meter the total of the meters will be used for the calculation of the monthly average and the
rate will apply to all meters serving the complex.
SECTION 2. That Section 52-3 of Chapter 52 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended to read as follows:
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17
The following monthly rates are hereby established and shall be collected for sewerage services
furnished by the City of Irving:
The new consumption average shall become effective as to bills mailed after April 30 of
each year.
The city manager or designee has the authority to make adjustments to customer's water and
sewer bills based upon an examination of facts.
2
Sewer user charge rates computed on the basis of monthly metered water sale.
SECTION 3. That Chapter 52 of The Code of Civil and Criminal Ordinances of the City of
Irving, Texas, is hereby amended by adding a new Section 52-3.1 to read as follows:
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17
Sec. 52-3.1. Charges for kitchen grease collection bags sold by city.
Charges for bags for household collection of fats, oils, and grease shall be set at the city’s annual
bid price plus applicable sales tax.
SECTION 4. That the new rates established by this ordinance shall take effect on February 4,
2010, however, prior rates shall be effective for service to said date.
SECTION 5. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
first reading on January 14, 2010.
________________________________
HERBERT A. GEARS
MAYOR
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
second and final reading on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
___________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
___________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 189
18
ADDITIONAL COMMENTS:
Contract Required: None Review Completed By:
Previous Action: Council Action:
.
REVISION INFORMATION:
Prepared: 12/30/2009 10:50 AM by Winnie Hunter
Last Updated: 1/28/2010 10:28 AM by Winnie Hunter
SECTION 1. That Section 34A-180 of Chapter 34A of The Code of Civil and Criminal
Ordinances of the City of Irving, Texas, is hereby amended to read as follows:
In addition to each monthly charge computed for City of Irving utilities for water, sewerage,
drainage, and refuse pickup service there shall be charged as a franchise fee an amount of four percent
(4%) of the bill.
SECTION 2. That the new franchise fees established by this ordinance shall take effect on
February 4, 2010, however, prior fees shall be effective for service to said date.
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
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
first reading on January 14, 2010.
________________________________
HERBERT A. GEARS
MAYOR
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Packet Pg. 191
18
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
second and final reading on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
___________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
___________________________
Charles R. Anderson
City Attorney
J:\Agenda\Ordinances\Real Estate\R-O-W Management\WATER SEWER SANITATION FRANCHISE FEES 2010 1-14-10 FINAL.Doc
-2-
Packet Pg. 192
a
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" (Legal Description) (PDF)
B: RES "Exhibit A" (Proposed Sign) (PDF)
C: Site Plan (PDF)
D: Location Map (PDF)
E: Aerial Photo (PDF)
F: Special Sign Permit Application (PDF)
REVISION INFORMATION:
Prepared: 12/29/2009 10:54 AM by Sharon Brown
Last Updated: 1/29/2010 09:39 AM by Belinda Rowlett
CITY OF IRVING
WHEREAS, the owner of the premises located at 208 South Story Road 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 Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by Terry
Waldrum, Applicant for Gracepointe Church, Owner, for the sign to be constructed
as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Attachment: A: RES "Exhibit A" (Legal Description) (3178 : 11 APR Special Sign Permit: 208 S. Story Rd.)
7'50602438
LEGAL LINE 1 YOU"NCi ESTATES NO 2
LEGAL UNE2 BLK A LT lACS 3.160
LEGAL LlNEJ
LEGAL UNE4 V OL95100f4328 OD05J81995 CO-DC
LEGAL LINE 5 II 81753103000 lell 1817531
STREET NUMBER 2109
STREET DIRECTlO1'\
STREET NAME ROLSTO'
STREET SIIFFIX RD
')'
TOTAL LAND VALUE 75300
SPECIAL ASSESSMENT VALUE 0
TOTAL JMPROVEMENT VALUE 5,43590
TOTAL MARKET VALUE 81 8890
CITY TAXABLE VAI~lIE ~
SPTB CLASS CODE F 10
•
ft.
872· _1511-1D38
~B7a-RI51·134!5
19.b
Attachment: B: RES "Exhibit A" (Proposed Sign) (3178 : 11 APR Special Sign Permit: 208 S. Story Rd.)
19.c
Attachment: C: Site Plan (3178 : 11 APR Special Sign Permit: 208 S. Story Rd.)
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CONST UCTION
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Attachment: D: Location Map (3178 : 11 APR Special Sign Permit: 208 S. Story Rd.)
ID=:K "
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Attachment: E: Aerial Photo (3178 : 11 APR Special Sign Permit: 208 S. Story Rd.)
19.f
IRVING
APPLICATION FOR A SIGN VARIANCE OR§'PECIAL SIGN PERMI]?
Attachment: F: Special Sign Permit Application (3178 : 11 APR Special Sign Permit: 208 S. Story Rd.)
PLANNING & INSPECTIONS DEPARTMENT
DATE 923 02
NAME OF BUSlNESS G~·,,<~· fC\If\+-"":-' Cl.. . .-,\O,· .... t,
BRIEFLY DESCRIBE REASON FOR REQUESTING .ll,.Jo(ARLANCEl5PECIAL SIGN PERMit ,~I ecl-v 0 h 1- <...
~ j'I\ C S S4 'i" C"'-'" r-v
TYPE OF SIGN (Pole, Monument, Wall, Mum!, DigiUlI, BillbOiud, ctc.} _~h~'\:U'O~·~'I~''-'''''~·\Ue,,-,.,~,~f,--- _
WALL HEIGHT (Wall Sign Only) ft. WALL LENGTH (Wall Sign Only) _--==-- ft.
"$1000_00 nonrefundable filing fee for off site digital billboards and $750.00 for all other signs"
By signing this document you are acknowled i g thac all code requirements will be mel.
APPLICANT'SSIGNATU
.,~ :A-- PHONE
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••••""."."."""."."""""""""""""""""""""""""""""""""""".""."••"•••• ".fl~""".,,""
Ciryojlrvi"guseo"/y: 1t:'/'I
Cl!Se # 30 qO<j ~ 00.33 Fee Amount $ . : l J
CJO
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Type of PaymentUl....
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Receipt # _
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" (Legal Description) (PDF)
B: RES "Exhibit A" (Proposed Sign) (PDF)
C: RES "Exhibit A" (Proposed Sign) (PDF)
D: Sign Location 1 (PDF)
E: Sign Location 2 (PDF)
F: Elevation Map 1 (PDF)
G: Elevation Map 2 (PDF)
H: Site Plan (PDF)
I: Location Map (PDF)
J: Aerial Photo (PDF)
K: Special Sign Permit Application (PDF)
REVISION INFORMATION:
Prepared: 12/28/2009 02:08 PM by Sharon Brown
Last Updated: 1/29/2010 09:42 AM by Belinda Rowlett
CITY OF IRVING
WHEREAS, the owner of the premises located at 4243 West Pioneer Drive has applied for a
special sign permit for on-premises signs with digital images in accordance with Section 7-3.1 of
Chapter 7 of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital images;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by Lucky
Texan LLC, Applicant/Owner, for two signs with digital images to be constructed as
shown on Exhibit A, attached hereto.
SECTION II. THAT use of the signs shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Attachment: A: RES "Exhibit A" (Legal Description) (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
OWNER ZIPCODE 753740096
LEGALUNE 1 \VAL-MART AIMNO
LEGAL LINE 2
--- 13LK A LT 3 AC S 1.54
l.EGAL LINE 3
LEGA"LLlNE4 \'OL95 162/0846 DD081595 CO-DALLAS
LEGAL LINE S 5649200A00300 I 325649200A
STREET NUMBER 1900
STREET DIRECTION
STREET NAME ESTERS
STREET SUFFLX RD
TOTAL LAt'fD VALllE 536660
SPECIAL ASSESSMENT VALUE 0
TOTAL IMPROVEMENT VALUE ~
T=O=T~A::=L~M7A:='R~K'=E=T=:-V:='A":'LC:-l,7:rE~==-----------l~1_3G6GO
CITY TAXABI.E VALUE . 6660
SPTB CLASS CODE 12
Attachment: B: RES "Exhibit A" (Proposed Sign) (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
Sign on Esters
StucrCo cap matches
stucco on the mam
~
bUilding
60" 7.5'
11'
Landscaping at a t 1 ratio shall be
provided around the base of the
sign, and shall include seasonal
fiowers and ornamental grasses,
Attachment: C: RES "Exhibit A" (Proposed Sign) (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
Si gn on Pi oneer
Stucco cap matches
stucco on the main
building
60" 9'
---- J
Attachment: D: Sign Location 1 (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
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Attachment: E: Sign Location 2 (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
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8' 9"
1 1 RETAINING WALL
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SECTION AA
24'~7"
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Attachment: F: Elevation Map 1 (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
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Attachment: G: Elevation Map 2 (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
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RETAINING WALL
SIGN
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ELEVATION c
Attachment: H: Site Plan (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
I: . a PARSONS SURI£Y
ru~8STRACr ,..0. H.l5
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Attachment: I: Location Map (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
1950
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WPIOHEER DR
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Attachment: J: Aerial Photo (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
20.k
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IRVING
.:S 0 ~ 12. - 003 b
Attachment: K: Special Sign Permit Application (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
PLANNING & iNSPECTIONS DEPARTMENT
'>-e
OWNER OE BUSINESS L "'I ~ Y T~ y" '" l-L,- PHONE ~I '-i- 'i ( l- 'j~ '1 &
OWNER'SADDRESS 'iL.'-I-J Vv'f)J.- p'"V'((_ 'D"'cL
PROPERTY OWNER Lc,lly Tfl'v,", Ll-C PIlONE 2h-"i 1z - 13J8
I YPE m SIGN (Pole. Monumem, all Mural, Dl~, Biliboarc, elc) ~ v1 Wi ') l- ~, ~
WALL Hf'!GHT (Wall SIgn (hlly _ 'lJ---tt WAI L LENGTH (W911 Sign Only) (:r 3 H) 0;"'-) ft.
·VARIANCE ,\PPLlc."nO/lj ""ILL :'<lOT BJo: ACCEYfEIlII' SIGN HAS ALKl:AUY aU:N INSTALLED'
.$\ 000 .00 nonrefundable fding fee for off site digital billboards and $750.00 for all other signs·
By signing this document yo wled ing {h~t all code uquiremenls will be mel
APPLlCA,<rs SIGNATUR.I(::::t2a&'!Q,~',=1c"-=~~ .PHONE 7/4 -'/ (Z -') 3 Cf g
EM.",JL ADDRESS , _ _FAX Nl TMRFR _
Application shall be submitted along with 3 sets o/proposed sign graphics (be/ore and after),
sign det<lils, sile plan, design elements thaI will improve Ihe appearance or efleci o/the sign,
alld, if appficah/l> electrical and engineered structural plans.
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
City of lning lise only
Case 11 _ Pee Amounl $ :l5..~Type (lfPay[~ent~ H l<... Reccipt# ~ '15
Applicable code sections: ,~ ~' _ _~ ' _
Ren:jYcd By Dale
Recommendation
The resolution be approved, subject to the sign height being reduced to seven feet, the
sign base being reduced to two feet, and the sign width being increased to seven feet.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" (Legal Description) (PDF)
B: RES "Exhibit A" (Proposed Sign) (PDF)
D: Site Plan (PDF)
E: Location Map (PDF)
F: Aerial Photo (PDF)
REVISION INFORMATION:
Prepared: 12/28/2009 10:38 AM by Sharon Brown
Last Updated: 1/29/2010 12:16 PM by Steven Reed
CITY OF IRVING
WHEREAS, the owner of the premises located at 1144 East Irving Boulevard 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 Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Alaniz Auto Ranch, Inc., Applicant for Robert Alaniz, Owner, for the sign to be
constructed as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
Attachment: A: RES "Exhibit A" (Legal Description) (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
LEGAL LINE I EAST IRVl~G
LEGAL LINE 2 LKALOTI
LEGAL U/t;E3
LEGAL LI.'IE 4 OL<)601310254 000 1169<:> CO-DAT LII,S
LEGAL LINE S 9B5000TOOTOO 132(\<jllSOOOT
STREETJ'\l'MBER 1144
;fING
STREET DIRECTlOJli E
STREET NAME
STREET SUFFIX BL vn
TOTAL LAJliD VALUE 19820
SPECIAL ASSESSMENT VAHlE
~
TOTALIMPROVEVlENT VALliE 8740
TOTAl. MARKETVALl'E - 8560
CITV TA.XABLE VALtE 68560
SPTB CLASS CODE 10
,
21.b
---
Attachment: B: RES "Exhibit A" (Proposed Sign) (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
" MANUFACnJRE MASONARY MONUMENT SIGN
9'X6'
INSTALL NEW UGHiED CABINET WITH LE.D
5' 6" X 4' 6"
TOP CABINET TO HAVE ACRYLIC FACE
H.O. LAMPS WITH BALLAST
LOWER CABINET TO BE LED 16MM
5'6"
120 VOLT ELECTR1C~ SERVICE' REQUIRED
Caststone Cap
, 8"
I
Iwz
i:J,
Ii:a::
N
Attachment: D: Site Plan (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
~
:w
10..
a
to:::
:0..
..J
-
::>
. - 8fi1.~= ~
.--------------------~~--1----.;'!.-,
PROP8RTY liNE
1211
Attachment: E: Location Map (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
1102
113
, !
6
DisclalmlfJrlLlmjta~ion01 Liablli.ty:
An dala. ".Pecifically including the geographic data hero". are
prov.ided as LS· wlfh~ut W.i:tJT"dr.'lty of any. ki~_d, either e:XPI~sscd. or
Implied; or statutory, Includmg, but r.:ot"llrnrted to, the Implied
warranties o~ rnerchaf'l\abil~ty and fJtnes.s. fOt a partjcular purpose.
City of Irving
fne· user assumes the ant.ral r(sk :as \0 t!"re qualify rlr'ld
pertorma nee o~ tt1e data. N
Attachment: F: Aerial Photo (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
21.f
IRVING
®
Attachment: G: Special Sign Permit Application (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
NAME OF BUSINESS ·L~A::.-::~'''''-''v'--'R.."..A'''Q'""''-'-'Jo''-'-.-=:r.o:::''''':..=....>L-=-·
.:...p.,-'-'-'Pyy"""-'' -',.... _
OWNER OF BUSINESS ~.QlY. ./ \ AIArV .1.. PHONE ("-\,,)"1..- ")'1Q, - \ '1 ".) \
OWNER'S ADDRESS 'L'IOQ L.,o.\4(ou( ~cJA.r \--\.\\ '"TIC "\<)\OL\
*$1000.00 nonrefundable filing fee for off site digital billboards and $750.00 for all other signs*
By signing this document you are acknowledging thor all code requirements will be met.
Application shall be submitted along with 3 sets ~rproposed sign graphics (before and after),
sign derails, site plan, design elements thaI will improve the appearance or effecl ofthe Sign,
and. if applicable. electrical and engineered srructural plans.
********************************************************************************
Ci/y of In'illg lise on(y:
Case #
.-
Fee Amount $ _--";.:...1'--_CJ
CO Type of Payment Receiplli ~l..J.
/'11'.4: i A /'\'7-..6
Received By Dalc _
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A: RES "Exhibit A" (Legal Description) (PDF)
B: Proposed Sign (PDF)
C: Location Map (PDF)
D: Aerial Photo (PDF)
E: Sign Variance Application (PDF)
REVISION INFORMATION:
Prepared: 12/10/2009 04:27 PM by Sharon Brown
Last Updated: 1/28/2010 05:20 PM by Belinda Rowlett
CITY OF IRVING
WHEREAS, the City Council of the City of Irving has reviewed an application under
Section 7-22 of Chapter 7 of the Irving Land Development Code for a variance to the City of Irving's
sign 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, nor will the variance requested
contribute to visual blight nor obscure unreasonably visual amenities such as landscaping, architecture,
and other amenities; and
WHEREAS, the limited variance granted herein will not contribute to uncontrolled number,
size, spacing, heights, setbacks, or illumination of signs, nor damage the aesthetic appeal of the City of
Irving in its residential, business, commercial, and industrial districts;
SECTION I. THAT the application for a sign variance by Yogurt Zone, Applicant for Franco
Chang, Owner, Sign Variance Case No. S0912-0015, located on land described in
Exhibit A, attached hereto, to install a second façade sign on the west elevation to be
constructed as shown on Exhibit B, attached hereto, is hereby approved.
SECTION II. THAT the effect of this variance shall be that the owner or lessee of the property
described in Section I shall still be subject to all the requirements of Chapter 7 of the
Irving Land Development Code. However, it shall be an affirmative defense to a
prosecution under Chapter 7 of the Irving Land Development Code if the violations
alleged are specifically authorized by this resolution.
SECTION III. 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 February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
EXHIBIT A
SelecterJ TAX: O\'t':'IiERSHIP Fealllrl'
~
DeAD ID '22?78300AOO30000
ACCOUNT CATEGORY LAND ACCOUNT
RECORD TYPE
OWNER NAME MREIT MACARTHUR PARK LP
Attachment: A: RES "Exhibit A" (Legal Description) (3145 : 11 APR Sign Variance - 7403 N. MacArthur Blvd.)
OWNER ADDRESS U~E 4
~
9WNER ZIPCODE I0460808
LEGAL LINE I ACARTHUR PK@LASCOLlNASS16P4
LEGAL LINE 2 LK A LT 3 LESS ROW ACS 1.0677
LEGAL L1";EJ
LEGAL Ul\E4
LEGAL LINES 778.100A(lU300 lCI1778300A
STREI:T NUMBER 7403
STREET D1RECTlOl'
STREET NAME MACARTHUR
STREETSlJFFIX BLVD
TOTALLANDVALm: :930180
SPEC(AL ASSESSMENT VALUE
TOTAL IMPROVEMENT VALUE {20
TOTAL MARKETVAU1E 3931000
CITY TAXABLE VAUI[ 931000
SPTB CI.ASS CODE ~'] 0
Attachment: B: Proposed Sign (3145 : 11 APR Sign Variance - 7403 N. MacArthur Blvd.)
S,Y, SIGN SYSTEMS 2211 Royal Lane Dallas. TX. 75229
Tel 972-243-4486/ Fax 972-243-4481 / [email protected]
*YOGURTZONE
7403 N. Mac Arthur Blvd.
*West elevation
BOdy
~
lomlleooll
1.1<'
1rlm & Foce
Wall
24'
Faces: White plexiglass w/oracal 8800 translucent vinyl cover
"No detached monument or pole signs will be perm,iHed for this business
es1iabl!ishment."
I
I
Attachment: C: Location Map (3145 : 11 APR Sign Variance - 7403 N. MacArthur Blvd.)
e-c.
11
I--------.---C-e
~ ...
Surrounding Zoning Map
Zoning Case City of Irving ~N
No. ZC09-7403 N MacArthur Blvd I F:e:d
ate. De,," 10S 2JOO9 0 100 200
-
Packet Pg. 231
City of Irving
N
,6
22.d
Attachment: D: Aerial Photo (3145 : 11 APR Sign Variance - 7403 N. MacArthur Blvd.)
22.e
~ 0'::; IZ- 00 15
®
IRVING
APPLICATION FOR A IGN VARIANCE R SPECIAL SIGN PERMIT
Attachment: E: Sign Variance Application (3145 : 11 APR Sign Variance - 7403 N. MacArthur Blvd.)
PLANNING & 1M i • DEPARTMENT
DArE/J.!?!oq
NAME OF HIJSINESS _'y~ l1 \ci 2_D~~ __~ __~_
Aj)DRESSOFPR(WOSEDSIGN_~0.~ Il/ ;{;1ltl-L ~'(~'-,._~
LEGAL DESCRIPTION _--;:___ _ OVERLAy m\lRICT _
S"J it-. ~\f\i rc,,;i!. C>¥y \rv'(!l-+ elRvv..·{),M I Ii! l1fd (cd
TYPE or SI(iN (I'ole. Monument. Wall, /l.lur"dL Digital, Billboard. clc) WcJ.Q
WALL HFlGfIT (Wall Si~J1 Only) _ 21 f\ WALL U,:N<jTH (Wall Sign Only) _ _.1-o'to+-_' _
REQULSTED SETBACK (HiJihoardirole/MuJJumenl Sign) OVERALL HT. or SIGN /.:,
OVERALL SILl: OF PROPOSED SIGN 6 I, Z:; sq. fl IS SIGN AlRlADY INSTALLED? _-.!JlL.L
"VARIANCE APPUCATIONWILL NUl Ht: ACCEPTED IF SIGN HAS ALRE..\ DY BEEN [\STALLED"
·$1000.00 nOrll"efundable filing fee for off site digital billboards and $750.00 for all other signs·
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
By signing this documenl y"""""" ode requirements will be mel.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A: RES "Exhibit A" (Legal Description) (PDF)
B: Proposed Sign (PDF)
C: Elevation Drawing (PDF)
D: Site Plan (PDF)
E: Location Map (PDF)
F: Aerial Photo (PDF)
G: Sign Variance Application (PDF)
REVISION INFORMATION:
CITY OF IRVING
WHEREAS, the owner of the premises located at 5151 Regent Boulevard 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 Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Universal Technical Institute, Applicant/Owner, for the sign to be constructed as
shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
_Selected
.. TAX; OWl ERSHlP Feature
DCADID 132128130OAOOIOOOO
ACCOUNT CATEGORY LANDACCOUNT
RECORD TYPE
,.,
OWl'i"ERNAME REGENT OFFICE eE, TER LP
OWNER ADDRESS LINE I STE 730
OWNER ADDRESS LINE 2 3811 TUR TLE CREEK BLVD STE 730
OWNER ADDRESS LINE 3 DALLAS TX
OWNER ADDRESS LINE 4
Attachment: A: RES "Exhibit A" (Legal Description) (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
OWNER ZlPCODE 175219441 C)
LEGALLJNE 1 FREEPOR T -'ORPORA TE CE 'TER II REP
LEGAL UNEl BLKALT I At'S 8.65
LEGALLINEJ
LEGALLlNE4 !yOL200] 047/4113 D003062001 CO-DC
LEGAL LINE 5 1281300A00100 J32J281300A
STREET NUMBER 5151
STREET DIRECTION
STREET NAME REGENT
STREET SUFFIX IBLVD
TOTAL LA..J\oID VALUE 1507180
SPECIAL ASSESSMENT VALliE KJ
TOTAL IMPROVEMENT VALUE 14721270
TOTAL MARKET VALUE 16228450
CITY TAXABLE VALUE 16228450
SPTB CLASS CODE FlO
..
Attachment: B: Proposed Sign (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
If L UNIYl.fJIj
UNltl
2'
2' fitSTit r
¢=;'!:::::========?+--7 fMPJ;;AlEO I,LUMINUM CAP
AND SURROU ND llllM Pl\JNTED
U, TAN TO MATCH BUILDING
- f AllRICNED CIJlINH
US 1 R[GIJ('[ lU.yp
MAn Wll.SON
~ RAy
- rA8RK:AT ED CABINET
DIGITAl. ()1$P1 AV· WATClirll« (Y/25H) 19MM ItlGI1 R~Ir.m NE ss COlOR lIO ME.SSA(;( ClI'n(J~
IO'.()'s1
Attachment: C: Elevation Drawing (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
1--_~ 8.;..'_-8'
_ _ _ _..:8.;..'-4_'
~·--H----·-------'-~_·
DIGITAL DISPLAY: WA RE (W25HI 19MM HIGH BRICHTNESS COLOR LED MESSAvc CENTER
DIGITAL DISPlAY: WATeHFIRf (W25Hl 16MM HICH BRIGHTNESS COLOR lED MESSAGE C£NnR
-DOUIl.U FA ]
-oOUBI.E FACF: TWIN, PACk
~IOYI"Of.ill~ )",.~IIH)
"MANUFACTURIN<; SURVEY REQUIRED
"MANUFACTURING SURVEY REQUIRED
r=:~Jt '~::'Uo.967-1UJ
i!d:.;' 1 1 !,~,1
Attachment: D: Site Plan (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
;"' ·~~o[~Rt;,~~~~~f§J~~fi~;;M:-
~:~~:;::::Er~~E.~~:;i,:a;:~:~~;;?;-:>~'~:: . 515-'1l~
-------.
A.lTVAoC,WL"~,
IMPl'WVEMENl
SITE PLAN
__ - __ ~ I
,
Attachment: E: Location Map (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
9300
4900
5025 5001
City of Irving 6
N
Attachment: F: Aerial Photo (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
23.g
IRVING
,---
APPLICATION FOR IGN VARIA SPECIAL SIGN PERMIT
PLANNING & INSPECTIONS DEPARTMENT
Attachment: G: Sign Variance Application (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
DATE~_,.
OV(NER OF BUSINESS JlNI tft-S A L (Eutf.ilC AL .1#)"(1 Ilt fJ(£lNEQf_ MY~'-!1 --r;/p.~LC
*$1000.00 nonrefundable filing fee for off site digital billboards and $750.00 for all other signs *
.**.**•••••••••••••••••••••••••••••••••••••••••••••••••••••••••• *••••••••••••••••••••••••••••••••••••
By signing this document yo~ ~~~Ot/~~~1jP'g_~~(I{code requir.:!lIents Wil~ b~ ~net. () t. . c'
Application shull be .~uhmif(ed along with 3 ,fets o/proposed sign graphics (be/ore and after).
sign detail,~, site plan, design elements thaI wi/f improve the appearance or effect ofthe sign.
and, ifapplicable, electrical and engineered structural plans.
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Cttyoj'nmg use only:
Case /I Fee AmOUlll $
7S ~Typc of Payment Co' H tL.. Rereiplli Q1 It ab 6
Applicable eode sections' _
Recommendation
The ordinance be denied.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map (PDF)
• F: Landscape Plan (PDF)
• G: Elevation Drawing (PDF)
• H: Site Plan (PDF)
• I: Public Comment Forms in Opposition (PDF)
• A: City Council Memo (PDF)
• B: January 18, 2010 Planning and Zoning Meeting Minutes (PDF)
• J: Protest Analysis Map(PDF)
REVISION INFORMATION:
Prepared: 1/14/2010 09:27 AM by Sharon Brown
Last Updated: 1/28/2010 04:27 PM by Belinda Rowlett
-2-
Packet Pg. 245
24
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. 246
24
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 grocery store 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;
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:
-2-
Packet Pg. 247
24
THENCE NORTH 00°16’00” WEST ALONG THE COMMON LINE OF SAID 1.7042
ACRE TRACT OF LAND AND SAID LOT 1, BLOCK A, AT A DISTANCE OF
334.37 FEET PASSING A P.K. NAIL FOUND FOR THE SOUTHWEST CORNER OF
THAT CERTAIN 20–FOOT WIDE CITY OF IRVING STREET EASEMENT
RECORDED IN VOLUME 4806, PAGE 515, DRDCT, CONTINUING ALONG SAID
COMMON LINE IN ALL FOR A DISTANCE OF 357.50 FEET TO A P.K. NAIL
WITH WASHER STAMPED “BURY + PARTNERS” SET IN THE
SOUTHWESTERLY RIGHT–OF–WAY LINE OF EAST IRVING BOULEVARD,
(S.H. NO. 356, A VARIABLE WIDTH PUBLIC RIGHT–OF–WAY);
THENCE NORTH 60°05’00” WEST ALONG THE NORTH LINE OF SAID 0.001
ACRE TRACT OF LAND, A DISTANCE OF 11.57 FEET TO A P.K. NAIL FOUND
FOR CORNER;
-3-
Packet Pg. 248
24
THENCE SOUTH 30°10’30” EAST ALONG THE WESTERLY LINE OF SAID 0.001
ACRE TRACT OF LAND, A DISTANCE OF 20.05 FEET TO A 1/2–INCH IRON ROD
WITH YELLOW PLASTIC CAP STAMPED “ARTHUR SURVEYING COMPANY”
FOUND FOR CORNER IN SAID WESTERN RIGHT–OF–WAY LINE OF EAST
THIRD STREET;
which is presently zoned C-C Community Commercial District Use under Ordinance No. 1144, is
changed to S-P-1 Site Plan District Use for grocery store under Ordinance No. 1144, subject to all the
requirements of Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A
of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(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.
-4-
Packet Pg. 249
24
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.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
-5-
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PUBLIC COMMENT FORM
(Please type or use black ink)
II am IFOR the requested zoninQl as explained on the attached publk notice for Zoning Case
/#ZC09-0066.
_. I am AGAINST the requested zoning as ,explained on the attached public notice for Zoning Case
#ZC09-0066.
Name: Soc
(please print)
PLA~A , ~TD
Address: '5Jk O UOj Frpt/Wlty Sk: Lf10
_DAUAS l'f 75Jc.fa
Tax Account (DeAD) Number I") 1 "11
(if shown on enclosed map): t--?- ~ 75 !+ 00 DOOo
Signature:
Date:
Please provide comments explaining the reasons for your support or opposition:
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09~0066.
I am AGAINST the requested zoning as ,explained on the attached public notice for Zoning Case
#ZC09-0066.
Name: te't
(please print)
~ Ie t dJJ1
Ad.dress: 57W 66J Prft/W().y fftfCJn
f)?r;?NA--s / ;[ "/5') L/ 0
Tax Account (DCAD) Number :2
(if snown on enclosed map): _=U_1--.....;1;....'2-=---J.l-J.L..5~;:;..;=J-l--~~:=:....[ OD DO
Signature: __ .c...L _
Date: 1.1 [z,lto _
Phone number (optional)
Please provide comments explaining the reasons for your support or opposition:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _50_
Notices mailed: 16
Case Summary
The applicant is requesting rezoning to allow a grocery store with modifications to the
parking and landscaping requirements.
Staff Analysis
• The Comprehensive Plan's Future Land Use Map recommends flVing Blvd.
Redevelopment Corridor uses for this property. This request is in conformance with
the Comprehensive Plan
• This lot is currently developed with a grocery store, which will be demolished if this
rezoning is approved. The applicant is proposing construction of a new 16,657
square feet ALDI grocery store with 70 parking spaces. The building will be located
on the west side of the property with a setback of 70 feet from Irving Blvd., 10 feet
from Third Street, and 10 feet from the west property line. Two driveway entrances
are proposed; one on Irving Blvd. and one on the north/south section of Third. A
loading dock is proposed on the east/west section of Third. The bUilding is to be
constructed of stone and brick veneer with building articulation on all sides and an
entry feature with display windows.
• The development complies with the landscaping ordinance, and the building
complies with the Commercial Design Standards ordinance, with 81 % of the fa9ade
utilizing masonry. Vertical and horizontal articulation of 15% on all sides has been
provided. Two masonry materials are provided with a primary material of brick
veneer and a secondary material of stone that is more than 10% of the fa9ade. The
building has a strong entry feature on the north side of the building and the design
incorporates canopies, pilasters, and cornice lines on all four sides, and display
• Staff has several concerns with this request: (1) The City has identified Irving Blvd.
as a primary corridor for targeted development and redevelopment. Among the
objectives is to attract a full service grocery store to serve the surrounding
neighborhood. Development of this site with a discount grocer would make that effort
more difficult. (2) Another objective for Irving Blvd. is to make the corridor more
pedestrian friendly, with buildings addressing the street front more directly with
reduced setbacks and less oriented toward parking lots. The proposed site plan
does not meet that objective. (3) The retail development to the west recently
completed a significant renovation to its fa9ade. As proposed, this development
would back to the adjacent retail use, with only a 13 foot separation from the
southern retail building and creating an alley effect that detracts from that adjacent
development. Ideally, this site would be designed to complement the adjacent
development, share parking and access, and create a more cohesive layout.
Overall, the proposal does not support the redevelopment of Irving Blvd. into a
higher density corridor and the goal of securing a full-service grocery store in the
Heritage Crossing area.
Staff Recommendation
Denial.
ZONING CASE #ZC09-0066, ALDI, INC., APPLICANT, REQUESTS A ZONING CHANGE FROM C-C (COMMUNITY
COMMERCIAl) DISTRICT USES TO S-P-1 (DETAILED SITE PLAN) FOR GROCERY STORE. THIS PROPERTY IS
LOCATED AT 912 E.IRVING BLVD.
THIS CASE IS SCHEDULED FOR THE THURSDAY, FEBRUARY 4, 2010 COUNCIL PUBLIC HEARING.
Robert Baldwin, 401 Exposilion Ave., Dallas, applicant's representative, gave an overview of the
Attachment: B: January 18, 2010 Planning and Zoning Meeting Minutes (3194 : 11 - ZC09-0066)
proposed request, adding that a site plan has been provided showing the proposed landscape. He also
added that based on the analysis done that their traffic engineer, their request for only 70 parking is
justified. He also stated Ihal Ihe store will not be a discount store; it will be a food store with a smaller
selection products.
Chairman Palmer called for individuals wishing to speak in favor of this item. He 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.
Chairman Palmer asked the applicant to explain the taryet demographics for the discount store.
Karta Waddleton, Real Eslale Director for the applicant, stated that the demographics are the "smart
shoppers", so the store will be a select brand grocery with common and popular prOducts.
Commissioner Tannehill asked City staff if there is a decrease/increase of parking spaces proposed from
what is there already.
Steve Reed, Planning Manager answered that they don't have an exact number.
Mr. Baldwin added that there are 80 parking spaces, and Ihe decrease is due \0 the added landscaping.
Commissioner Gregory. He stated that he would like to see more parking as Ihis will be a big
improvement. He also suggested postponement of this item.
Commissioner Fischer asked two questions to the applicant, if Ihe analysis of the smart shopper is based
on income levels, and if all the stores that are in the metroplex are of identical configuralion design in
services.
Ms. Waddleton answered that they targel all income levels. She also slated that the stores are built with
private funds.
Vice-Chairman Zapanta asked applicant if they wilt be willing to postpone this item so they could work
with staff and work a new parking configuration.
Ms. Waddle Ion answered that if the first configuration could not work for the Cily, they are open \0
postponemenl.
Chairman Palmer echoed the suggestion for postponement made by Commissioner Spurtock and Vice
Chairman Zapanla.
Commissioner Tannehill asked the applicant if the continuance of the item will cause them a financial
hardship.
Mr. Reed stated that by postponing this item it will not affect the Council's schedule as this ilem is
schedule to be on the agenda for the February 4, 2010 meeting.
Vice-Chairman Zapanta moved to postpone item # ZC09-00SS to the February 1, 2010 meeting.
Commissioner Tannehill seconded the motion.
Chairman Palmer recognized the motion on the floor. There was no discussion of the motion. The
motion carried unanimously.
Attachment: B: January 18, 2010 Planning and Zoning Meeting Minutes (3194 : 11 - ZC09-0066)
Ayes: David Palmer, AI Zapanta, Michael Randall, Eugenia Foust, John Fischer, Douglas
Gregory, Jack Spurtock, Tom Tannehill
Property Under
Consideration
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200 Ft
Notification
Boundary
15
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Total Area within 200'
Protest Analysis Map (Excluding Subject Parcel) = 8.0351 AC
Zoning Case City of Irving
Total Area Protesting = 1,2757 AC
No. lC09-0066 _ _-=====:JI Ft:el
Percentage of Area Protesting = 15.88%
Dale Jar), 28 201 C 100 200
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
• A: City Council Memo (PDF)
• B: January 18, 2010 Planning and Zoning Meeting Minutes (PDF)
• C: Vicinity Map (PDF)
REVISION INFORMATION:
Prepared: 1/15/2010 02:41 PM by Sharon Brown
Last Updated: 1/29/2010 11:33 AM by Belinda Rowlett
-2-
Packet Pg. 266
25
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
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
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;
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:
Lots 7 and 8 in Block “C” of HIGHLAND WEST ADDITION, an Addition to the City
of Irving, Dallas County, Texas, according to the Map or Plat thereof recorded in
Volume 4, Page 263, of the Plat Records of Dallas County, Texas.
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.
SECTION 3. That the terms and provisions of this ordinance shall be deemed to be severable
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.
-1-
Packet Pg. 267
25
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
-2-
Packet Pg. 268
25.a
~~~~~~-'----~-
Staff Analysis
• 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 #ZC09-0071.
• The property is vacant and is currently not being used for Retail as is recommended
by the Future Land Use Map.
• 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.
• 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 Packet Pg. 269
change that is not consistent with the Comprehensive Plan.
25.b
Attachment: B: January 18, 2010 Planning and Zoning Meeting Minutes (3199 : 11 Comprehensive Plan Amendment ZC09-0071)
RESIDENTIAL", THiS PROPERTY IS LOCATED AT 508 AND 510 ROGERS ROAD,
THIS CASE IS SCHEDULED FOR THE THURSDAY, FEBRUARY 4, 2010 CITY COUNCIL PUBLIC HEARING.
Chairman Palmer stated that two votes will be taken for Ihis two companion ilems.
Chairman Palmer called for individuals wishing to speak in favor of lhis item. He 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 noor and returned to the Commission for their consideration and a motion.
Secretary Randall moved to forward the Comprehensive Plan Amendment to City Council with a
favorable recommendalion. Commissioner Spurlock and Foust seconded the motion.
Chairman Palmer recognized the molion on the floor. There was no discussion of the motion. The
motion carried unanimously.
Ayes: David Palmer, AI Zapanla, Michael Randall, Eugenia Foust, John Fischer, Douglas
Gregory, Jack Spur1ock, Tom Tannehill
ZONING CASE #ZC09~0071, DUSTIN ANDREWS, APPLICANT, REQUESTS A ZONING CHANGE FROM C-C
(COMMUNITY COMMERCIAL) DISTRICT USES TO S-P-2 (GENERALIZED SITE PLAN) FOR R-6 (SINGLE FAMILY)
USES, THIS PROPERTY IS LOCATED AT 508 AND 510 ROGERS ROAD.
THIS CASE IS SCHEDULED FOR THE THURSDAY, FEBRUARY 4, 2010CITY COUNCIL PUBLIC HEARING.
Secretary Randall moved to forward item #ZC09-0071 to the City Council with a favorable
recommendation subject to the Comprehensive Plan amendment being approved and to note #18 being
revised to state that street facing garages shall be recessed behind the first floor front fa9Me plane of the
dwelling. If the Comprehensive Plan amendment is denied, this case must also be denied and thai item
# 16 be removed. Commissioner Tannehill seconded the motion.
Chairman Palmer recognized Ihe motion on the floor. There was no discussion of the motion. The
motion carried unanimously.
Ayes: David Palmer, AI Zapanla, Michael Randall, Eugenia Foust, John Fischer, Douglas
Gregory, Jack Spur1ock, Tom Tannehill
28
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Attachment: E: Property Owner Notification Map (3199 : 11 Comprehensive Plan Amendment ZC09-0071)
_ __
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Property Under
AofJiiA ST
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FOli Rezoning
IS
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Attachment: E: Property Owner Notification Map (3199 : 11 Comprehensive Plan Amendment ZC09-0071)
# DCADJD Owner Name Address Line 1
11323337000~0030000 SORIANO RU3B'4
2 32393Q400A0020000
GONZALEZ OSCAR J
3 32187500030090100 GBSINGffi TERN JO
4\65104263010310000 JONES JOHN 0
l
11 ;32188500030050000 ~QUlaa GI~BERTO & ~
16 ,65104264010010000, , ~P PROP,ERTI
ES I~ %.cHASECOMMfR(;IAL BAItI<lNG
17;65104263010250000
18;32188500030070060
I , OTO LUCILLE
, '
'1 ROCHA L1NOH
26132570600000020000
IRVING A!N1MAL /iOSPITAL
30j325Q39000A0030000 IL,UPtANBAFcAEL-
Attachment: E: Property Owner Notification Map (3199 : 11 Comprehensive Plan Amendment ZC09-0071)
## I DCAO_IO -- I Owner Name Address Line 1
\-
31 ,65104263010380000,
32' 323936400AOQ.10000 ---rIDAUAS REV ESTES CORP
MARTINEZ Al!RB..'IO ~ - ,
1
I
DENNIS R. DOlRON
516 Pecan Acres Court
Arlington, Tx. 76013
(682) 433-6316 Phone
(214) 204-9222 Fax
December 18, 2009,
Attachment: F: Letter from Dennis Doiron (3199 : 11 Comprehensive Plan Amendment ZC09-0071)
Sheba Ward - Case Manager
City of Irving -Technical Review Committee
825 W. Irving 'Blvd.
Irving, Texas 75060
RE: Zoning change' application - 508/510 N. 'Rogers Road ~ Case No. 2C09-0071
lin response to the comments made by the Technical Review Committee outlined in your
letter dated 12/16/2009 (ref. ZC09-0071), I hereby request that the Comprehensive Plan
be amended to ·allow the subject property to be rezoned for residential use. Justification
for this comes from the fact that all but one of the adjoining properties is currently zoned
for residential and the remaining adjoining property is zoned for multi family use. Thank
you for your consideration.
Sincerely,
~K~
Dennis R. Doiron R.P.L.S. #5567
6. All other requirements of the R-6 district will be met. Platting will be required prior
to development.
7. Public notices were sent to thirty-two (32) property owners, with no letters in support
or opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
• F: Site Plan (PDF)
• A: City Council Memo (PDF)
• B: January 18, 2010 Planning and Zoning Meeting Minutes (PDF)
REVISION INFORMATION:
Prepared: 1/14/2010 09:38 AM by Sharon Brown
Last Updated: 1/29/2010 11:48 AM by Belinda Rowlett
-2-
Packet Pg. 278
26
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. 279
26
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 R-6 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;
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:
Lots 7 and 8 in Block “C” of HIGHLAND WEST ADDITION, an Addition to the City
of Irving, Dallas County, Texas, according to the Map or Plat thereof recorded in
Volume 4, Page 263, of the Plat Records of Dallas County, Texas.
which is presently zoned C-C Community Commercial District Use under Ordinance No. 1144, is
changed to S-P-1 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.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
-2-
Packet Pg. 280
26
(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.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
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.
-3-
Packet Pg. 281
26
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
-4-
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Requested Zoning: S-P-2 (Generalized Site Plan) for R-6 (Single Family) District uses
Notices mailed: 32
Responses in favor: 0 Responses opposed: 0
% vote required? No
Case Summary
Staff Analysis
• 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 four new
single family homes.
• The following notes have been added to the site plan In addition to the City's
standard notes:
11) Exterior wall surfaces, exclusive of doors and windows, shall be 80% brick or
stone.
12) Minimum roof pitch shall be 5:12.
13) Any new utilities serving the site shall be installed underground.
15) Each residence shall have at least one primary pedestrian doorway access to
the dwelling located on the building elevation facing the front lot line, or within
8 feet of the most forward plane of the house and clearly visible from the
street.
16) All chimneys shall be of masonry construction per current building codes.
Masonry chimney construction visible from the outside shall be of brick or
stone similar in appearance to the masonry on the exterior elevations.
17) Street facing garages shall be recessed behind the first floor front fa9ade
• All requirements of the R-6 district will be met. Platting will be required prior to
development.
Staff Recommendation
Approval.
Chairman Palmer stated that two votes will be taken for this two companion items.
Attachment: B: January 18, 2010 Planning and Zoning Meeting Minutes (3196 : 11 - ZC09-0071)
Dennis Dorion, applicant's representative, gave an overview of the proposed request.
Chairman Palmer called for individuals wishing to speak in favor of this item. He then called for individuals
wishing 10 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 molion.
Secretary Randall moved to forward the Comprehensive Plan Amendment to City Council with a
favorable recommendation. Commissioner Spurlock and Foust seconded the motion.
Chairman Palmer recognized the motion on Ihe floor. There was no discussion of the motion. The
motion carried unanimously.
Ayes: David Palmer, AI Zapanla, Michael Randall, Eugenia Foust, John Fischer, Douglas
Gregory, Jack Spur1ock, Tom Tannehill
ZONING CASE #ZC09-0071, DUSTIN ANDREWS, APPLICANT, REQUESTS A ZONING CHANGE FROM C-C
(COMMUNITY COMMERCIAL) DISTRICT USES TO SwP·2 (GENERALIZED SITE PLAN) FOR R-6 (SINGLE FAMILY)
USES. THIS PROPERTY IS LOCATED AT 508 AND 510 ROGERS ROAD.
THIS CASE IS SCHEDULED FOR THE THURSDA Y, FEBRUARY 4, 2010 CITY COUNCIL PUBLIC HEARING.
Secretary Randall moved to forward item #ZC09-0071 to the City Council with a favorable
recommendalion subjecl to the Comprehensive Plan amendment being approved and to note #18 being
revised to state that street facing garages shall be recessed behind the first floor fronl fat;:ade plane of Ihe
dwelling. If the Comprehensive Plan amendment is denied, this case must also be denied and thai item
# 18 be removed. Commissioner Tannehill seconded the motion.
Chairman Palmer recognized the motion on the floor. There was no discussion of the motion. The
motion carried unanimously_
Ayes: David Palmer, AI Zapanta, Michael Randall. Eugenia Foust, John Fischer, Douglas
Gregory, Jack Spur1ock, Tom Tannehill
4. The property is currently developed with a single family home. The applicant is
proposing to rezone the property in order to demolish the existing home and
construct an automobile repair garage.
5. After the Planning and Zoning Commission postponed the case to February 1,
2010, staff met with the applicant, who agreed to rotate the building 90 degrees so
the doors no longer would face Shady Grove. In addition, the applicant agreed to do
further enhancements of the building exterior.
6. The applicant has provided a site plan which shows three oak trees to remain on
site ranging from 18 inches to 25 inches caliper in size with six parking spaces. The
proposed 1-story building will be 27 feet in height, will be constructed primarily with
split-face block with stucco accent, with aluminum columns on block pedestals and
a standing seam roof.
7. The site plan and elevation drawings meet the City’s minimum criteria for
landscaping and building articulation.
9. Public notices were sent to twenty-two (22) property owners, with seventeen (17)
letters received in support and none in opposition.
Recommendation
The ordinance be adopted.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
• F: Elevation Drawing (PDF)
• G: Site Plan (PDF)
• H: Public Comment Forms Set 1 (PDF)
• I: Public Comment Forms Set 2 (PDF)
• A: City Council Memo (PDF)
• B: January 18, 2010 Planning and Zoning Meeting Minutes (PDF)
REVISION INFORMATION:
Prepared: 1/14/2010 09:42 AM by Sharon Brown
Last Updated: 1/28/2010 05:37 PM by Belinda Rowlett
-2-
Packet Pg. 293
27
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. 294
27
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 automobile repair 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;
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lot 3, and the west 22.00 feet of Lot 4 of Block B, of the John C. McLemore
Subdivision of Lot 1, Block B of Trinity View Addition an Addition to the City of
Irving, Dallas County, Texas, according to the Plat thereof recorded in Volume 2, Page
333, Page 4917, of the Map Records of Dallas County, Texas.
which is presently zoned R-6 Single Family District Use under Ordinance No. 1144, is changed to S-P-
1 Site Plan District Use for automobile repair 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:
-2-
Packet Pg. 295
27
(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.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
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.
-3-
Packet Pg. 296
27
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 297
27.a
Vicinity Map
Zoning Case City of Irvln.g
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I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#lC09-0072.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
Jerry Ainsworth
Name:
(please print)
Address: '
2415 '"am b r l'dge Dr • , Irving, TX 7506:-6605
972-438-8912
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
property on both slces of this lot already have simi'~r type
businesses.
~~---------~~---1REGEtVED~~--
JAN 13 201ll
D,part..... 0'
PIoI.ln, nnd In,plcUo••
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ITEM NUMBEA
PUBLIC COMMENT FORM
(Please type or use black ink) ~ 1()L,.
P & Z COMMISSION
Department of Planning and Inspections
PO Box 152288
Irvingyxas 7501~2288
JL- I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
- I am AGAINST the requested zoning as explained on tl'1e attached public notice for Zoning Case
#ZC09-0072.
Name:
-
C'J\57 .
Address:
Date:
4}!\\( !1~'l\&_------
\ - l'Z- I-"".D _
Phone (optional):
Pleaae provide comments explaining the reasons for your support or opposition:
RECEIVED
JAN 18 2010
OIPlrt",11 01
PI...I., lid 1.lpICdOlI
sw
J am FOR the requested zoning as explained on the attached pUblic notice for Zoning Case
#ZC09-00n
I am AGAINST the reque.sted zoning as explained on the attached public notice for Zoning Case
#Zcos·oon
Signature: _k~
,
Date: to-o/-k>
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
---------~--RE6EPJED'-----
J~ 181410
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sw
-..L I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
I am AGAINST the reQuested zoning as explained on the attached public notice for Zoning Case
#ZC09-o072.
Name:
(please tint)
Address: 1:1/7 1i-/h/:r; u/r"'-'"
Signature: ~~....---------::
Dat/.z-/d;-#
Phone (optional):
Please provide comments explaining the reasons for your 5UppOrt or opposition:
-------~----~---RECEntED-
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~JAt.U 82010
OIPlrllnlllo/
PI"nl., lid 11,_"tteas
sw
ITEM NUMBEA
PUBLIC COMMENT FORM
(Please type or use black ink) ! 10 '.~
P II. Z COMMISSION
Department of Planning <lind Inspections
PO Box 152288
Irving, 1xa. 75015·2288
~ I am FOR the requested zoning as explained on the attached public notice fOf Zoning Case
IZe09-0072.
I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case
IZe09-00n
Name: ~);\\
(pease print)
Address: /2 0 '1 &
Date: Odf?' /1 0
Phone (optional):
Ple.so proytde comments explaining the reasons for your support or opposition:
------------------IRECEUlED<
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _JAN 18 2RIQ
I8J
pOplrt_' aI
---------------------------I!lPI~I.~.IIIf_aHIN,.. ....
sw
ITEM NUM6ER
PUBLIC COMMENT FORM
(Please type or use black ink)
, 1 0 '-~
P 8< Z COMMISSION
Department of Planning and Inspections
PO Box 152288
Irving, Texas 75015-2288
(,I I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-00n
I am AGAINST the requested zoning as explained on the attached publiC notice for Zoning Case
#ZC09-oon
Name:
Address:
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
____~ ~ RE.C.ErlED _
JAN 1B201l
D,p.~'lt 04
PI.nnlnl I I"I"UOI.
sw
ITEM NUMBEA
PUBLIC COMMENT FORM
(Please type or use black ink) 110
p a. z COMMISSION
Department of Planning and Inspections
PO Box 152288
Irving, Texa. 75015-2288
1. I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
I am AGAINST tt1e requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
Signature: ~~~=Wua=~~Jl~:S;~Li,~.-
Date: L /f-ff~
•
Phone (optional):
Please provide comments explaining the reasons for your support or opposition:
JAN /j 2419
sw
ITEM NUMBER
PUBLIC COMMENT FORM
(Please type or use black ink)
, 10,-_
P & Z COMMISSION
Department of Planning and Inspections
p0;;r.0x 52288
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
}If X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC09.Q072.
Plea•• provide comments explaining the reasons for your support or opposition:
JAN I Bitlftl
..,ilii""iIii=."'-
DIPlrtlluLoI
PIIIIIIIII. nl •
sw
ITEM NUMBER
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZCOg~072.
Name:
Address:
Signature: ~ ..J-AZaf-.&___
Date: I ~ I'y'- i6
Phone (optional):
Please provide comments explaining the reasons for 'iour support or opposition:
RECEIVED
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Department of Planning and Inspections
PO 80x 152288
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#ZC09-0072.
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#ZC09-0072.
I am AGAINST the requested zoning as explained on 1he attached public notice for Zoning Case
#ZC09.{)072.
Name:
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Owner: T. C. Chacko
Requested Zoning: S-P-1 (Detailed Site Plan) for Automobile repair uses
Notices mailed: 22
Responses in favor: 17 Responses opposed: 0
~ vote required? No
Case Summary
The applicant is requesting to rezone the property for automobile repair uses.
Staff Analysis
• The property is currently developed with a single family home. The applicant is
proposing to rezone the property in order to demolish the eXisting home and
construct an automobile repair garage.
• This property is designated for neighborhood enhancement on the Comprehensive
Plan map of 2008. Staff has no objections to the proposed use as it matches the
surrounding property uses. However, staff initially could not support the proposed
site layout which had the garage doors facing E. Shady Grove, one of the City's key
corridors. Therefore, staff recommended denial of the request to the Planning and
Zoning Commission on January 18, 2010.
• After the Planning and Zoning Commission postponed the case to February 1,2010,
staff met with the applicant, who agreed to rotate the building 90 degrees so the
doors no longer would face Shady Grove. In addition, the applicant agreed to do
further enhancements of the building exterior.
• The applicant has provided a site plan which shows three oak trees to remain on site
ranging from 18 inches to 25 inches caliper in size with six parking spaces. The
proposed 1-story building will be 27 feet in height, will be constructed primarily with
split-face block with stucco accent, with aluminum columns on bock pedestals and a
standing seam roof.
• The site plan and elevation drawings meet the City's minimum criteria for
landscaping and building articulation.
• The February 1, 2010 Planning and Zoning Commission recommendation will be
presented to the City Council during the February 3,2010 Work Session.
Staff Recommendation
Approval.
ZONING CASE #ZC09...Q072, T.C. CHACKO, APPLICANT, REQUESTS A ZONING CHANGE FROM R-6 (SINGLE
FAMILY) USES TO S-P-1 (DETAILED SITE PLAN) FOR AUTOMOBILE REPAIR USES. THIS PROPERTY IS LOCATED AT
THiS CASE IS SCHEDULED FOR THE THURSDAY, FEBRUARY 4, 2010 CITY COUNCIL PUBLIC HEARING.
Rick Larsen, applicant's representative, gave an overview of the proposed request, adding that they have
meet most of the City requiremenls.
Attachment: B: January 18, 2010 Planning and Zoning Meeting Minutes (3197 : 11 - ZC09-0072)
Chairman Palmer called for individuals wishing to speak in favor of this ilem. He 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 relUrned to the Commission 'or their consideration and a motion.
Commissioner Tannehill moved to forward item #ZC09-0072 to the City Council with a favorable
recommendation subject to the stipulations of no ouldoor repair done al Ihis facility and Ihal the trees be
mainlained as noted on the Site Plan. Vice-Chairman Zapanta seconded the motion.
Chairman Palmer recognized the motion on Ihe floor. The motion failed 3-5.
Nays: Eugenia Foust, John Fischer, Douglas Gregory, Michael Randall, Jack Spunock
Commissioner Spurlock moved to reconsider the Planning and Zoning Commission action, and to
postpone this item 10 the February', 2010 meeting. Secretary Randall seconded the motion.
Chairman Palmer recognized the motion on the floor. There was no discussion of the molion. The
motion carried unanimously.
There was no other business before the Commission and the meeling was adjourned at 8:08 p.m.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
REVISION INFORMATION:
Prepared: 1/14/2010 09:31 AM by Sharon Brown
Last Updated: 1/28/2010 04:07 PM by Belinda Rowlett
-2-
Packet Pg. 325
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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
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28
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 landfill 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;
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:
210.461 acres of land situated in the Isreal Jennings Survey, Abstract No. 679, City of
Irving, Dallas County, Texas and being a portion of the East and West tracts conveyed to
the City of Irving as recorded in Volume 81010, Page 2906, Deed Records of Dallas
County, Texas, a 71.907 acre tract conveyed to the City of Irving in Volume 99067,
Page 8122, Deed Records of Dallas County, Texas and a portion of tract P-1 conveyed
to the City of Irving, Texas as recorded in County Clerk’s Document No.
200600043546, Deed Records of Dallas County, Texas, said 210.461 acres of land being
more particularly described by metes and bounds as follows using NAD 1983/86 Texas
State Plane Coordinate System, North Central Zone Grid Bearings:
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COMMENCING at a 60d nail found at the northwest corner of the aforementioned West
tract at the centerline intersection of Luper Road and Hunter-Ferrell Road, said nail
having a NAD 1983/86 Texas State Plane Coordinate, North Central Zone value of N =
6972636.49 and E = 2444385.40;
THENCE South, a distance of 1544.04 feet to a 1/2 inch iron rod set;
THENCE West, a distance of 464.35 feet to a 1/2 inch iron rod set;
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which is presently zoned A-G Agricultural District Use under Ordinance No. 1144, is changed to S-P-2
Site Plan District Use for landfill 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.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(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
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Packet Pg. 329
28
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.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
-5-
Packet Pg. 330
28.a
Vicinity Map
Zoning Case City of Irving
No. le09-00l5
200 Ft
Notification
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Section 52-Sale): "The following additional information shall be submitted with the
application for the zoning changes to authorize an environmentally sensitive land use:/I
Page 10f2
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Page20f2
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Notices mailed: 7
Responses in favor: 0 Responses opposed: 0
Case Summary
The applicant is requesting rezoning to allow expansion of landfill on the interior of the site.
Staff Analysis
• The Comprehensive Plan recommends Public/Semi-Public uses for this property.
The proposed uses are in conformance with the Comprehensive Plan.
• The City of Irving is seeking State approval for the expansion of landfill uses on the
interior of the site. As part of the State permit application, the City must verify that
the proposed expansion is properly zoned for such uses.
• The site is currently zoned A-G (Agricultural) District. Prior to 1990, this was
considered to be the appropriate zoning classification for this use. In 1990, the City
adopted Section 52-58 of the Zoning Ordinance, which classified landfills as an
environmentally sensitive land use requiring site plan zoning approval. Since the City
is seeking approval for a new portion of the site to be used for landfill uses, the
zoning must be changed to meet the State's requirements for zoning compliance.
• The City will meet all State regulations, and will obtain all necessary permits prior to
expansion of the landfill use. The City's consultant has submitted the attached
supporting materials related to the environmentally sensitive land use.
Staff Recommendation
Approval.
ZONING CASE #ZC09-0075, CITY OF IRVING, APPLICANT, REQUEST A ZONING CHANGE FROM A-G
(AGRICULTURAL) DISTRICT USES TO S-P-2 (GENERALIZED SITE PLAN) FOR LANDFILL AND RELATED USES. THIS
PROPERTY IS LOCATED ON APPROXIMATELY 210.5 ACRES LOCATED EAST Of LUPER ROAD AND SOUTH OF
HUNTER FERRELL ROAD.
THIS CASE IS SCHEDULED FOR THE THURSDA Y, FEBRUARY 4, 2010 CITY COUNCIL PUBLIC HEARING.
Chairman called on Kenneth Bloom, Chief Planner for the City of lIVing.
Attachment: B: January 18, 2010 Planning and Zoning Meeting Minutes (3195 : 11 - ZC09-0075)
Kenneth Bloom gave an overview of the proposed requesl adding that the City will meet all State
regulations, and will obtain all necessary permits prior to expansion of the landfill use.
Chairman Palmer called for individuals wishing to speak in favor of this ilem. He then called for individuals
wishing to speak in opposition.
Ash Abraham asked if the rezoning will affect his property at Bolden Rd.
Mr. Bloom stated that the expansion will take place on the central portion of the property that it has been
use for landfill accessory uses so it will nol have any impact on the adjacent properties.
Discussion was closed to the floor and returned to the Commission for their consideration and a motion.
Commissioner Spurlock moved to forward item #ZC09-0075 to the City Council with a favorable
Chairman Palmer recognized the motion on the floor. There was no discussion of the motion. The
Ayes: David Palmer. AI Zapanta, Michael Randall, Eugenia Foust, John Fischer, Douglas
Gregory, Jack Spurlock, Tom Tannehill
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: Ordinance 2009- Council Action: Increased number of members
on Advisory Committee on Disabilities
.
Place 10 on the Advisory Committee on Disabilities is a new position that will expire
November 2010.
Place 2 on the Housing & Human Services Board is vacant due to the resignation of
Stephanie Haley and that position will expire November 2010.
REVISION INFORMATION:
Prepared: 1/21/2010 02:17 PM by Jennifer Dwyer
Last Updated: 1/29/2010 01:02 PM by Jennifer Dwyer
CITY OF IRVING
__________, Place 10
said term of office expiring November 2010.
SECTION II. THAT the following individual be and is hereby appointed as a member of the
Housing and Human Services Board:
__________, Place 2
said term of office expiring November 2010.
As a result of the appointments heretofore stated, the Housing and Human Services
Board is represented by the following:
Term Expiration
__________, Place 2 November 2010
Michael DiPietro, Place 4 November 2010
Suzanne Beeman, Place 6 November 2010
Phil Smith, Place 8 November 2010
Cynthia Jenkins, Place 1 November 2011
Ernest Richards, Place 3 November 2011
Robert Moon, Place 5 November 2011
Anna Forrest, Place 7 November 2011
Carole Shlipak, Place 9 November 2011
SECTION III. 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 February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Janice Carroll, TRMC
City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney