IrvingCC Packet 2010-02-04

FINAL AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, FEBRUARY 4, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
~
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
6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor

City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M.------------------------------------------------------------- Organizational Service Announcements
Invocation
Pastor J. Josh Smith, MacArthur Blvd. Baptist Church
Pledge Of Allegiance
Proclamations And Announcements
Announcements And Recognitions
Public Hearing: Items 1 through 31
THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
City Council Agenda 02/4/2010 1

CITY COUNCIL AGENDA
1 City Manager’s Strategic Plan Update
CONSENT AGENDA
Items 2 - 18
2 Approving Minutes for Wednesday, January 13, 2010
3 Approving Minutes for Thursday, January 14, 2010
4 Resolution -- Authorizing the Destruction of Obsolete Records in

Accordance with the City of Irving’s Records Management Policy
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all records destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 159.5 cubic feet of records for Police Administration,
Solid Waste Services, Parks and Building Services, Purchasing, Library, Code
Enforcement and Fleet.
Recommendation
The resolution be approved.

5 Resolution -- Approving InformaSystem’s Learning Management System
Dedicated Hosted Server Service Agreement
1. This item supports Strategic Goal No. 4: Safe and Secure City and No. 8: Sound
Governance.
2. Impact: This web-based application is a combined Learning Management System
and authoring tool with unique features not provided by any other solution.
3. This item has been recommended by the Police Department and Information
Technology, and it is a Strategic Project/Task approved by the Technology Review
Committee.
4. This agreement provides the ability to submit the Irving Police Department’s training
records to the Texas Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) database using the Texas Commission on Law Enforcement
Data Distribution System (TCLEDDS) protocol. It also provides mandated
TCLEOSE state training courses.
5. Funding in the amount of $49,170.00 for the period February 1, 2010, through
September 30, 2010, is available in the Police Narcotics Fund. Funding in the net
estimated amount of $33.780.00 for year two and in the net estimated amount of
$18,250.00 for year three and four of the contract are available subject to funds
being appropriated in Fiscal Years 2010-11, 2011-12, and 2012-13.
Recommendation
6 Resolution -- Approving Addendum No. 1 to Option Agreement between

the City of Irving and Chaparral Rails to Trails, Inc., and Approving the
First Option Extension for Approximately 56 Miles of Right-of-Way
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: Approval of this addendum and option payment will secure Irving’s ability to
purchase almost 56 miles of right-of-way through July 5, 2011.
3. On April 23, 2009, the City of Irving entered into an option agreement with
Chaparral Rails to Trails, Inc., for the purchase of almost 56 miles of right-of-way.
This right-of-way would be used for a raw water line. The surface of the right-
of-way would remain available for recreational trail activity.
4. Funding in the amount of $100,000 is available in the Water Resources
Development Fund.
Recommendation

7 Resolution -- Authorizing the Mayor to Execute an Interlocal Agreement
Between the City of Irving and Dallas County Accepting a Trail
Development Grant for the Construction of Campion Trails
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: This grant will provide $461,011.00 for the continued construction of
Campión Trails.
3. The grant provides $461,011.00 for the construction of primary trail in River Hills
Park. This will extend the primary trail to the north of Trinity View Park and the
grant project will include 495 feet of 12’ wide primary trail, and two pedestrian
bridges.
4. This is a reimbursement grant which requires the city to spend the funds and be
reimbursed by Dallas County.
5. This grant funding is available to the city because of our recent favorable bids
received on the Twin Wells to Trinity View Parks trail extension which was funded
with the 2008 Dallas County Trail Grant.
6. The construction documents for this project will be prepared by in-house staff on the
Capital Improvement Program Team.
7. The grant has a three year term and all construction will have to be completed
within three years.
8. This is the fourth consecutive Dallas County Trail Grant received by the city. The
previous grants include $235,000.00 in 2007, $1.1 million in 2008, and $1.3 million
in 2009.
9. Funding in the amount of $461,011.00 is available in the Non-Bond CIP Fund.
Recommendation

8 Resolution -- Approving a Temporary Employee for the Position of
Educational Coordinator at the Irving Arts Center for Educational Activities
Related to the Special Exhibiton “Genghis Khan.”
1. This item supports Strategic Goal No. 7: Exceptional Recreational, Cultural, and
Educational opportunities.
2. Impact: The position of Educational Coordinator will be hired as a Temporary
Employee to develop educational activities reaching schools within a 400-mile
radius of DFW for field trips.
3. The position is crucial because of the administrative requirements necessary for the
successful coordination with multiple school districts, teachers, transportation and
hotel arrangements required for this program, thereby, increasing attendance to the
exhibition and educational opportunities throughout the region
4. Funding in the amount of $52,000.00 is available in the Contract Labor Fund. A
budget adjustment for $21,892.00 is available in the Genghis Khan Fund.
It will have no impact on the City’s General Fund. The Arts Center has funding to
pay for the position as long as we anticipate it will be in place.
Recommendation

Bids & Purchasing Items
Items 9 - 14
9 Resolution -- Approving and Accepting the Bid of IESI TX Corp, for an

Annual Contract to Provide Collection of Containerized Refuse for City
Facilities
2. This item has been recommended by Solid Waste Services.
3. Impact: This service promotes a positive work environment and improves the
visual impression of the community.
4. This award establishes an annual contract for the continuation of providing
collection of containerized refuse for City facilities.
5. Funding in the net estimated amount of $39,026.19 for the period of March 1, 2010,
through September 30, 2010, in the net estimated amount of $66,902.07 for the
period of October 1, 2010, through September 30, 2011, and in the net estimated
amount of $27,875.88 for the period of October 1, 2011, through February 28, 2012,
is available in the Solid Waste Enterprise Fund, subject to funds being appropriated
in Fiscal Years 2010-11 and 2011-12.
Recommendation

10 Resolution -- Approving and Accepting the Bids of Badger Meter, Inc., and
Hersey Meters Company, LLC, for Annual Contracts to Provide Water
Meters
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

11 Resolution -- Renewing the Annual Contracts with Landmark Earth
Services, LLC, and Edko, LLC (formerly SprayMAX, Inc.) for Chemical
Weed and Pest Control for Park Areas and Drainage Channels
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: Keeping the park areas and drainage channels free of weeds and insects
improves the visual impression of the community and provides a safe and inviting
environment for outdoor recreation.
4. This renewal establishes the continuation of annual contracts to provide chemical
weed and pest control for parks and drainage channels. The original contract was
awarded on the basis of competitive bids.
through September 30, 2010; in the net estimated amount of $63,364.58 for the
period of October 1, 2010, through September 30, 2011; and in the net estimated
is available in the General Fund, subject to funds being appropriated in Fiscal Years
2010-11 and 2011-12.
FY09-10 FY10-11 FY11-12 Total 2-Year
Vendor Section(s) Est. Exp. Est. Exp. Est. Exp. Est. Exp.
Landmark Earth Services, LLC I $18,052.84 $18,052.84 $ 0.00 $36,105.68
Edko, LLC (formerly SprayMAX, Inc.) II $33,910.72 $45,311.74 $11,401.02 $90,623.48
Total Estimated Amount $51,963.56 $63,364.58 $11,401.02 $126,729.16
Recommendation

12 Resolution -- Renewing the Annual Contract with Quality Tractor Mowing
Corp., for Mowing and Litter Control on Public Rights of Way and TXDOT
Rights of Way
Environments.
3. Impact: Maintenance of City and State properties promotes the visual impression
of the City, making Irving a more attractive community.
4. This renewal establishes the continuation of an annual contract to provide mowing
and litter control on public rights of way and TXDOT rights of way. The original
contract was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $169,119.40 for the period of March 1,
2010, through September 30, 2010; in the net estimated amount of $209,926.40 for
the period of October 1, 2010, through September 30, 2011, and in the net
estimated amount of $40,807.00 for the period of October 1, 2011, through
February 28, 2012, is available in the General Fund, subject to funds being
appropriated in Fiscal Years 2010-11 and 2011-12.
Recommendation
13 Resolution -- Renewing the Annual Contract with Whitmore & Sons, Inc.,
for Mowing, Litter Control, and Grounds Maintenance for Medians and
Various Properties
Environments.
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.
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

14 Resolution -- Approving and Accepting the Proposal of Chase Equipment
Finance, Inc., for Lease-Purchase Financing of an Aerial Truck and a
Rescue Truck
2. This item has been recommended by Financial Services.
3. Impact: The City will save approximately $450,000.00 in interest using a five-year
lease/purchase arrangement instead of the 20-year General Obligation bond issue.
4. This award establishes a lease-purchase agreement for providing financing to the
City at an interest rate up to 3.4%, for an aerial truck and a rescue vehicle for Fire.
Rate will be locked in for the entire lease by the end of February 2010.
5. Both vehicles were approved for purchase from Metro Fire Apparatus Specialists,
Inc., by the December 11, 2008, Council. One vehicle has been delivered and the
other vehicle is expected to be delivered within six to twelve weeks.
6. In lieu of direct participation, Chase affirms that approximately 25% of previous
quarter purchases were from M/WBE vendors.
7. Payments will be made semi-annually, starting six months after funding is secured
(beginning approximately August 2010 and ending approximately February 2015).
8. Funding will be 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, in the Equipment Replacement Fund.
Recommendation
End of Bids

15 Ordinance -- Calling a Regular Municipal Election to be Held on Saturday,
May 8, 2010, for the Purpose of Electing City Council Places One (1), Two
(2), and Seven (7), and Calling a Subsequent Run-Off Election, If
Necessary
2. Impact: The City holds the General Election for Mayor and Council places every
year in May to assure that the residents of Irving have a choice in regards to their
representation at the municipal level.
3. The City Secretary’s Office has prepared the ordinance to call an election and
corresponding candidate packet information based on single-member districts;
recognizing that this is subject to a Federal ruling.
4. This also serves as an official confirmation of the offices to be filled and will be
submitted as a part of the preclearance filed with the Justice Department.
Recommendation
The ordinance be adopted.
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
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

17 Ordinance -- Final Reading - Amending Chapter 52 Entitled "Water and
Sewer Rates" of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates;
Providing for a New Maximum Monthly Service Charge; Providing an
Effective Date; and Providing a Severability Clause
2. Impact: The projected revenue collection under proposed rates will provide enough
to fund projected revenue requirements, including operating expenses and debt
service payments.
3. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
4. As a result of elevated rainfall thus far this fiscal year, projections indicate that we
will not have sufficient cash balances at the end of the fiscal year to meet cash
requirements. Projections further indicate that operating revenue will be below
budget resulting in our not meeting average and maximum debt coverage goals of
1.75% and 1.50% respectively. In order to mitigate this situation and meet
commitments made to rating agencies, staff recommends a 5% adjustment to both
water and sewer rates. Without such adjustments, the general fund will again be
forced to support the water and sewer system fund at a time when this is not
feasible.
Recommendation

18 Ordinance -- Final Reading - Amending Section 34A-180 of Chapter 34A
Entitled "Right-Of-Way Management" of the Code of Civil and Criminal
Ordinances of the City of Irving, Texas, Providing for Franchise Fees on
Water, Sanitary Sewer, and Refuse Pickup Service; Providing an Effective
Date; and Providing a Severability Clause.
2. Impact: A 2% increase in the franchise fee will be below or equal to comparable
franchise fees charged by benchmark cities. The additional revenue is necessary
to fund needed infrastructure replacements.
3. Additional revenue generated by this ordinance will be dedicated to the repair and
replacement of neighborhood streets, sidewalks, and drainage disrupted by the
repair and replacement of water and sewer lines.
Recommendation
ZONING CASES AND COMPANION ITEMS

19 Resolution -- Approving Special Sign Permit No. S0909-0033 to Install a
Digital Sign Located at 208 South Story Road - Terry Waldrum, Applicant
Representing Gracepointe Church, Owner
1. This item supports Strategic Goal No. 1: Land Use
2. Impact: This special sign permit will enhance the signage on Story Road and
improve the aesthetics of the City of Irving.
3. The applicant requests approval to install a digital monument sign. The sign will be
two feet from the property line, and will be encased in a stone veneer. The sign
complies with all requirements of the sign ordinance except for the inclusion of the
digital message screen, which requires City Council approval.
4. The applicant has worked closely with staff to improve the sign design.
5. Section 7-3.1 of the Land Development Code authorizes the City Council to grant a
special sign permit for digital signs.
Recommendation

20 Resolution -- Approving Special Sign Permit No. S0912-0036 to Install Two
Digital Signs Located at 4243 West Pioneer Drive - Lucky Texan LLC,
Applicant/Owner
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This special sign permit will enhance the signage on Esters Road and West
Pioneer Drive, and improve the aesthetics of the City of Irving.
3. The applicant is constructing a new convenience store at the northeast corner of
Esters Road and West Pioneer Drive, with the main building facing south. The
applicant seeks approval for two digital monument signs; one facing Esters Road,
and the other facing West Pioneer Drive. The two signs will each be encased in a
brick masonry façade that matches the main building. The signs comply with all
requirements of the sign ordinance except for the inclusion of the digital message
screens, which require City Council approval.
5. Section 7-3.1 authorizes the City Council to grant a special sign permit for digital
signs.
Recommendation
21 Resolution -- Approving Special Sign Permit No. S0912-0042 to Install Full

Color LED Digital Sign - Located at 1144 East Irving Boulevard - Alaniz
Auto Ranch, Inc., Applicant - Robert Alaniz, Owner
2. Impact: This special sign permit could enhance the signage on Irving Boulevard
and improve the aesthetics of the City of Irving.
3. The applicant requests approval to install a digital message sign. The sign will be
encased in masonry that matches the building.
4. The proposed sign is nine feet tall and six feet wide, and has a zero foot setback
from the property line.
5. The allowed maximum height for a standard monument sign is seven feet. A
monument sign may go as high as nine feet if the applicant provides all of the
enhancements listed in the ordinance. The applicant has not provided (a) external,
ground-mounted lighting, or (b) the required landscaping (24.75 square feet) at the
base of the sign. Accordingly, staff cannot support the height of the sign as
presented.
6. Staff can support this request, provided that the sign is seven feet tall, including a
two-foot tall base that is seven feet wide. The net impact is a reduction in the
display area of the sign by approximately eight square feet, while improving the
proportionality of the sign relative to the building.

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.
22 Resolution -- Requesting Sign Variance Case No. S0912-0015 Located at

7403 North Macarthur Boulevard -Yogurt Zone, Applicant - Franco Chang,
Owner
2. Impact: This sign variance will enhance the signage for a business on North
MacArthur Blvd. by improving the visibility within the shopping center without any
negative impacts on MacArthur Blvd.
3. The applicant requests approval to install a 61.25 square foot wall sign on the west
elevation, which is not the front façade.
4. Section 7-3 (14) of the City of Irving Land Development Code states that wall signs
shall be located only on the front façade. Section 7-1 defines “front façade” as a
face of the building which faces a public street; or where no building façade faces a
public street, the façade which contains the door open to the public during business
hours.
5. Section 7-22 of the Land Development Code authorizes the City Council to grant a
variance to the area regulations.
6. Since the proposed signage is compatible with the existing signage in the shopping
center, and since the proposed signage does not directly face MacArthur Boulevard
or Kinwest Parkway, staff can support this request.
Recommendation

23 Resolution -- Approving Special Sign Permit No. S0912-0049 to Install a
Digital Sign Located at 5151 Regent Boulevard - Universal Technical
Institute, Applicant/Owner
2. Impact: This special sign permit will enhance the signage on Interstate Highway
635 and improve the aesthetics of the City of Irving.
3. The applicant requests approval for a digital message sign on a 15-foot tall
monument sign. The sign will be 15 feet from the property line along Interstate
Highway 635, and will be encased in masonry with landscaping at the base. The
sign complies with all requirements of the sign ordinance except for the inclusion of
the digital message screen, which requires City Council approval.
Recommendation

24 Ordinance -- Zoning Case #ZC09-0066 - Granting S-P-1 (Detailed Site Plan )
for Grocery Store - Approximately 1.7 Acres Located at 912 East Irving
Boulevard (Southwest Corner of Irving Boulevard and Third Street) - ALDI,
Inc., Applicant - SDNarod Enterprises, Owner
2. Planning and Zoning Commission Hearing Date and Recommendation: January 18,
2010 - Postpone to February 1, 2010, 8-0 (Commissioner LaRose, absent). The
February 1, 2010 Planning and Zoning Commission recommendation is pending.
3. The Comprehensive Plan’s Future Land Use Map recommends Irving Blvd.
Redevelopment Corridor uses for this property. This request is in conformance with
the Comprehensive Plan.
4. 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.
5. The applicant is requesting a parking variance of 17%. A retail use requires a
parking ratio of one space for every 200 square feet of space, or 84 spaces for this
development. The applicant is proposing 70 parking spaces at this location.
6. The proposed development complies with the landscaping ordinance and the
building complies with the Commercial Design Standards ordinance, with 81% of
the façade 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 façade.
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 windows on two sides.
7. 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 streetfront 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 façade. 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.
8. Public notices were sent to sixteen (16) property owners, with none received in
favor and two (2) received in opposition. The opposition represents 15.88% of the
property within 200 feet.
Recommendation
The ordinance be denied.
25 Ordinance -- Comprehensive Plan Amendment ZC09-0071 - Amending the

Comprehensive Plan to Change the Recommended Land Use from “Retail”
to “Low Density Residential” - Approximately 0.936 Acres Located at 508
and 510 Rogers Road - Dustin Andrews, Applicant/Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
January 18, 2010 – Favorable, 8-0 (Commissioner LaRose, absent).
3. 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.
4. The property is vacant and is currently not being used for Retail as is recommended
by the Future Land Use Map.
5. 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.
6. The requested rezoning to an S-P-2 for Single Family Residential uses requires the
Future Land Use Map to be amended. The City Council cannot approve a zoning
change that is not consistent with the Comprehensive Plan.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

26 Ordinance -- Zoning Case #ZC09-0071 - Granting S-P-2 (Generalized Site
Plan) for R-6 (Single Family) District Uses - Approximately 0.936 Acres
Located at 508 and 510 Rogers Road - Dustin Andrews, Applicant/Owner
3. The applicant is requesting to rezone the property for residential uses.
4. The property is currently vacant. The applicant is proposing to rezone the property
from the C-C (Community Commercial) district and develop the site with four new
single family homes.
5. The following notes have been added to the site plan in addition to the City’s
standard notes:
5) Building height will not exceed 25 feet.
6) Minimum air conditioned space shall be 1,600 square feet.
7) Minimum of 2 car garage shall be provided behind the front property line.
8) A minimum of 50% of the required front and side yard areas adjacent to any
street shall be covered with grass, ground cover or other natural vegetation
9) A minimum of one 4-inch caliper tree shall be provided on each lot prior to
final inspection.
12) Minimum roof pitch shall be 5:12.
13) Any new utilities serving the site shall be installed underground.
14) All driveways to be approved by the Transportation Department.
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) Building facades shall be 80% brick and/or stone masonry construction.
17) 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.
18) Street facing garages shall be recessed a maximum of 6 feet behind the first
floor front façade plane of the dwelling they serve and shall include a
minimum of 3 architectural features on the elevation that includes the garage
doors. When multiple garage doors are on the same façade, a minimum
separation of 1 foot shall be provided between the doors.
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
Commission.

27 Ordinance -- Zoning Case #ZC09-0072 - Granting S-P-1 (Detailed Site Plan)
for Automobile Repair Uses - Approximately .218 Acres Located at 1206
East Shady Grove Road - Larsen Dye Associates Architects, Applicant - T.
C. Chacko, Owner
January 18, 2010 – Postpone to February 1, 2010 (8-0; Commissioner LaRose,
absent). The February 1, 2010 Planning and Zoning Commission recommendation
is pending.
3. The applicant is requesting to rezone the property for automobile repair uses.
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. 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.
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.
8. The February 1, 2010 Planning and Zoning Commission recommendation will be

presented to the City Council during the February 3, 2010 Work Session.
9. Public notices were sent to twenty-two (22) property owners, with seventeen (17)
letters received in support and none in opposition.
Recommendation

28 Ordinance -- Zoning Case #ZC09-0075 - Granting S-P-2 (Generalized Site
Plan) for Landfill and Related Uses - Approximately 210.46 Acres Located
East of Luper Road and South of Hunter Ferrell Road - City of Irving,
Applicant/Owner
2010 - Favorable, 8-0 (Commissioner LaRose, absent)
3. The applicant is requesting rezoning to allow expansion of landfill and related uses
on the interior of the site.
4. The Comprehensive Plan recommends Public/Semi-Public uses for this property.
The proposed uses are in conformance with the Comprehensive Plan.
5. 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.
6. 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.
7. The City will meet all State regulations concerning such uses, 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.
8. Public notices were sent to seven (7) property owners, with no letters in support or
opposition received.
Recommendation
Commission.

APPOINTMENTS AND REPORTS
29 Resolution -- Appointments to Boards, Commissions, and Committees, to
Fill Various Unexpired Terms for the Following: Advisory Committee on
Disabilities and Housing and Human Services Board
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures that our residents have a voice in city government.
3. These positions represent the current vacancies on the city boards:
• Advisory Committee on Disabilities- Place 10
• Housing & Human Services Board- Place 2
Recommendation
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.

2
WORK SESSION MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
January 13, 2010
The Irving City Council met in work session January 13, 2010. The following members were
present/absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Beth Van Duyne Irving City Council Councilwoman Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Minutes Acceptance: Minutes of Jan 13, 2010 11:00 AM (CONSENT AGENDA)

Sam Smith Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Thomas Spink Irving City Council Councilman Present
Mayor Herbert Gears called the meeting to order at 11:00 AM.
DISCUSSION TOPIC
Executive Assistant Linda Murray presented the City Council Cycle Participants,
Accounting Manager Martin Avila and Senior Civil Engineer Pat Lamers.
1 Council Communications Committee Update - Texas Stadium Implosion
Councilwoman Rose Cannaday announced the Texas Stadium implosion date to be

April 11, 2010, and noted that the team is available to answer questions from the
Council.
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.
Mr. Janeway described the implosion details.
Jim Redyke, President of Dykon Explosive Demolition Corp., showed a computer

model of the implosion.
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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City Council Work Session

January 13, 2010
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.
2 Review of Regular Agenda

The Council reviewed the agenda and the following directions were noted.
15 Resolution -- Approving Engineering Services Agreement with Alan Plummer

Associates, Inc., to Develop, Design, and Implement Demonstration Projects to Serve
Reuse Water to Twin Wells Golf Course and Trinity View Park
Councilman Lewis Patrick asked about the golf course attendance.
Community Services Director Paul Gooch noted that golf course attendance is down
nationwide and the company that operates this golf course is having financial
problems.
33 Ordinance -- First Reading - Amending Chapter 52 Entitled "Water and Sewer Rates"
of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Providing for
New Monthly Water and Sewer Rates; Providing for a New Maximum Monthly Service
Charge; Providing an Effective Date; and Providing a Severability Clause
Councilman Joe Philipp requested a presentation on this item.
Assistant Chief Financial Officer Bret Starr gave an overview of the water and sewer
rate ordinance amendments. His presentation included a description of the 5%
increase that will be used to expand infrastructure replacements and a review of the
current budget and funds that are needed for proposed projects.
Councilwoman Cannaday asked how Irving compared to other cities.
Mr. Starr confirmed that Irving will still be the lowest even after the rate increase.
Mayor Gears asked what causes water funds to decrease.
Mr. Starr clarified that due to a wet fall and decrease in recreational water use, the
income from water decreases.
Councilwoman Beth Van Duyne questioned if there was breakage of even new pipes
from weather change.
Mr. Starr stated that PVC pipes break at joints which make them easier to repair and
break less frequently. He noted that 98% of the breaks have been from the old cast
iron pipes and described the replacement life cycle and current level of replacement.
Councilwoman Van Duyne requested benchmark information on other cities’ water
rates per capita. She also requested the replacement budget for the last five years.
Councilman Rick Stopfer gave a history of this process, noting that a rate increase will
be needed just to maintain the current infrastructure.
Councilman Philipp requested a five-year map of the proposed water line
replacements.
2
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January 13, 2010
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.

Real Estate & Development Director Brenda McDonald stated that staff will look at the
ordinance for possible revisions.
3 2009 Crime Reduction Update
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.
4 Pole Sign Update
This item was postponed and will be rescheduled to a future date.
3
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January 13, 2010
5 State Highway 183 Overlay Follow Up
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.
Councilman Spink and Councilman Smith questioned non-conforming use limitations.
Mr. Reed clarified that non-conforming use would allow an existing business to

continue but would not be allowed to reopen if changes occur as they are but if they
close a new business must comply with the standard.
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.
6 Buxton Retail Study Report
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.
7 Animal Services Update

This item was postponed and will be rescheduled to a future date.
EXECUTIVE SESSION
City Attorney Charles Anderson read the Mayor and Council into Executive Session at 3:05
PM.
6 Buxton Retail Study Report
8 Legal Advice - City of Hugo v. Nichols, et al.

Texas Open Meetings Act § 551.071
9 Legal Advice - Benavidez v. City of Irving

4
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January 13, 2010
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
11 City Attorney - Personnel

8 Resolution -- Authorize Suit Against National Reimbursement Services, Inc., and Texas
Medical Data Services, Inc.

45 Resolution -- Appointing an Acting City Secretary and Authorizing the Mayor to Sign an
Employment Contract for Same Upon the Retirement of Janice Carroll
Mayor Gears announced that the Council will now reconvene in Open Session. The time was
4:50 PM.
The meeting was adjourned at 4:51 PM.
___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Janice Carroll, TRMC
City Secretary
5
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REGULAR MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
January 14, 2010
~
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:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Beth Van Duyne Irving City Council Councilwoman Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Minutes Acceptance: Minutes of Jan 14, 2010 7:00 PM (CONSENT AGENDA)

Rick Stopfer Irving City Council Councilman Present
Sam Smith Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Thomas Spink Irving City Council Councilman Present
ORGANIZATIONAL SERVICE ANNOUNCEMENTS
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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City Council Meeting

January 14, 2010
PLEDGE OF ALLEGIANCE
Councilman Patrick led those present in the pledge.
PROCLAMATIONS AND ANNOUNCEMENTS
Proclamation: Big Brothers Big Sisters
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.

High Spirited Award:
Mayor Gears also presented Earlene and Dan Matkin with the High Spirited Citizens Award for
their contributions to the community.
.
CITY COUNCIL AGENDA
1 City Manager’s Strategic Plan Update
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.
2
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January 14, 2010
2 Approving Minutes for Wednesday, December 02, 2009
3 Approving Minutes for Thursday, December 03, 2009

6 Resolution No. RES-2010-1 -- Authorizing the Destruction of Obsolete Records

in Accordance with the City of Irving’s Records Management Policy
RESULT: ADOPTED [UNANIMOUS]

MOVER: Sam Smith, Councilman
SECONDER: Rose Cannaday, Councilwoman
AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp,
Cannaday, Spink
7 Resolution No. RES-2010-2 -- Authorizing the Mayor to Accept the Texas State
Library and Archives Loan Star Libraries Grant

Cannaday, Spink
8 Resolution No. RES-2010-3 -- Authorize Suit Against National Reimbursement

Services, Inc., and Texas Medical Data Services, Inc.
3
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January 14, 2010

Cannaday, Spink
9 Resolution No. RES-2010-4 -- Approving a Discretionary Service Agreement

Between the City of Irving and Oncor Electric Delivery Company, LLC, for the
Undergrounding of Overhead Electric Facilities on MacArthur Boulevard Between

Metker Street and Northgate Drive

Cannaday, Spink
10 Resolution No. RES-2010-5 -- Awarding a Contract to F&F Concrete, LLC, for

the Grauwyler Heights Alley Improvements, Section III Project

Cannaday, Spink
11 Resolution No. RES-2010-6 -- Awarding a Contract to Jacobs Engineering

Group, Inc., for Structural and Civil Engineering Design of All Pedestrian Bridges,
Low Flow Pedestrian Crossings, and Elevated Boardwalks for the Remainder of
Campión Trails
4
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January 14, 2010

Cannaday, Spink
12 Resolution No. RES-2010-7 -- Authorizing the Submission of a Transportation

Enhancement Grant for the Construction of the TRE Hike and Bike Trail

Cannaday, Spink
13 Resolution No. RES-2010-8 -- Approving Addendum No. 1 to Supplemental

Agreement Between the City of Irving and Dallas County for the Meyers Road /
MacArthur Boulevard Project

Cannaday, Spink
14 Resolution No. RES-2010-9 -- Approving a Memorandum of Agreement

Between the City of Irving and the Texas Department of Transportation for the
Sale of Right-Of-Way on Property Located at 2401 East John Carpenter Freeway
for the Diamond Interchange, Phase II Project
5
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January 14, 2010

Cannaday, Spink
15 Resolution No. RES-2010-10 -- Approving Engineering Services Agreement

with Alan Plummer Associates, Inc., to Develop, Design, and Implement
Demonstration Projects to Serve Reuse Water to Twin Wells Golf Course and

Trinity View Park

Cannaday, Spink
16 Resolution No. RES-2010-11 -- Approving Personal Services Agreement with

QEI, Inc., for the Supervisory Control and Data Acquisition (SCADA) System
Upgrade

Cannaday, Spink
17 Resolution No. RES-2010-12 -- Approving the City of Irving’s Membership and

Participation in ICLEI - Local Governments for Sustainability and Authorizing the
Mayor to Act on Behalf of the City in Order to Demonstrate and Affirm the
Community’s Commitment to Climate Protection Work
6
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January 14, 2010

Cannaday, Spink
18 Resolution No. RES-2010-13 -- Approving the Second Amendment to the

Agreement Between the City of Irving and NEC Corporation of America for the
Maintenance of the Automated Fingerprinting Identification System (AFIS)

Cannaday, Spink
19 Resolution No. RES-2010-14 -- Approving the Single Source Purchase from

Physio-Control, Inc., for LifePak 15 Defibrillator Units

Cannaday, Spink
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
7
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January 14, 2010

Cannaday, Spink
21 Resolution No. RES-2010-16 -- Approving Award of a Hardware Maintenance

Agreement to InterNetwork Experts (INX) for CISCO SmartNet Equipment
through the State of Texas Department of Resources (DIR) Program

Cannaday, Spink
22 Resolution No. RES-2010-17 -- Approving the Single Source Purchase from

Aqua-Metric Sales Company for Permalog Plus Leak Detection Equipment

Cannaday, Spink
23 Resolution No. RES-2010-18 -- Renewing the Annual Contract with Municipal

Water Works Supply, L.P., and Metro Valve & Pipe for Couplings, Clamps and
Service Saddles
8
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January 14, 2010

Cannaday, Spink
24 Resolution No. RES-2010-19 -- Approving and Accepting the Bids of Municipal

Water Works Supply L.P., Eagle Underground Utility Supply Inc., dba Mainline
Supply Company, North Star Underground Utility Co LLC, Ferguson Waterworks,

and Morrison Supply Company, L.P., for Annual Contracts to Supply Brass
Fittings

Cannaday, Spink
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

Cannaday, Spink
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)
9
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January 14, 2010

Cannaday, Spink
27 Resolution No. RES-2010-22 -- Approving the Purchase from Rush Truck

Centers of Texas, LP, for Hybrid Rear Loaders through the State of Texas Local
Government Statewide Cooperative Purchasing Program Administered by the

Texas Association of School Boards (the BuyBoard Program)

Cannaday, Spink
Irvtex Automotive Sales II LP (Westway Ford), for the Annual Contract to Provide
Repair Services and Body Work for Ford Vehicles

Cannaday, Spink
Sonic - Frank Parra Autoplex LP, for the Annual Contract to Provide Repair
Services and Body Work for Dodge Vehicles
10
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January 14, 2010

Cannaday, Spink
30 Resolution No. RES-2010-25 -- Approving a Mutual Cooperative Purchasing

Agreement Between the City of Irving and the City of Frisco

Cannaday, Spink
31 Ordinance No. ORD-2010-9150 -- Amending Article V. Entitled “Records

Management” of Chapter 2 of the Code of Civil and Criminal Ordinances of the
City of Irving, Texas, Providing for a General Records Control Schedule for City
Records

Cannaday, Spink
32 Ordinance No. ORD-2010-9151 -- Amending Section 21-88 of Chapter 21 of the

Code of Civil and Criminal Ordinances of the City of Irving, Texas, to Repeal
Expired Construction Speed Zones and to Provide Speed Regulations for State
Highway 114; Providing a Penalty; and Providing a Severability Clause.
11
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January 14, 2010

Cannaday, Spink
INDIVIDUAL CONSIDERATION

33 Ordinance No. ORD-2010-9152 -- First Reading - Amending Chapter 52
Entitled "Water and Sewer Rates" of the Code of Civil and Criminal Ordinances
of the City of Irving, Texas, Providing for New Monthly Water and Sewer Rates;
Providing for a New Maximum Monthly Service Charge; Providing an Effective
Date; and Providing a Severability Clause
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.
The following registered to speak in opposition of this item:

Joe Mapes, P.O. Box 141864
Sharon Barbosa-Crain, 2608 Alan-a-Dale
Mary Chapin, 1013 N. Sleepy Hollow
The following registered to speak in opposition:

Sara Beckelman, 2705 Pennington Street
The following registered in opposition, but did not wish to speak:

Tim and Vicki Sutherlin, 920 W. Northgate Drive
RESULT: FIRST READING [6 TO 3]

Next: 2/4/2010 7:00 PM
MOVER: Joe Philipp, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday
NAYS: Herbert Gears, Beth Van Duyne, Thomas Spink
34 Ordinance No. ORD-2010-9153 -- First Reading - Amending Section 34A-180 of

Chapter 34A Entitled "Right-Of-Way Management" of the Code of Civil and
12
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January 14, 2010
Criminal Ordinances of the City of Irving, Texas, Providing for Franchise Fees on
Water, Sanitary Sewer, and Refuse Pickup Service; Providing an Effective Date;
and Providing a Severability Clause.
opposition.
The following registered to speak in opposition of this item:

Joe Mapes, P. O. Box 14186
The following registered in opposition of this item, but did not wish to speak.

Sharon Barbosa-Crain, 2608 Alan-a-Dale
RESULT: FIRST READING [6 TO 3]

Next: 2/4/2010 7:00 PM
MOVER: Joe Philipp, Councilman
AYES: Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday
NAYS: Herbert Gears, Beth Van Duyne, Thomas Spink
ZONING CASES AND COMPANION ITEMS
35 Resolution No. RES-2010-26 -- Approving Final Plat - The Lakes of Las

Colinas, Phase 1 - Approximately 94.25 Acres Located at Las Colinas Boulevard
and Riverside Drive - Hines Las Colinas Land, LP, Owner/Applicant
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
36 Resolution No. RES-2010-27 -- 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
13
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January 14, 2010
RESULT: ADOPTED [8 TO 0]
AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp, Spink
AWAY: Rose Cannaday

37 Ordinance No. ORD-2010-9154 -- Zoning Case #ZC08-0043 - Granting S-P-1
(Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverage Sales) -
Approximately 4, 641 Square Feet Located at 5435 North MacArthur Boulevard -
Hari K. Sankararaju, Applicant - Today Realty Advisor, Owner

MOVER: Rick Stopfer, Councilman
SECONDER: Thomas Spink, Councilman
Cannaday, Spink

(Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 0.37
Acres Located on the Southwest Corner of Shady Grove Road and Ronne Drive
- Kim L. Thi Vu, Applicant/Owner

MOVER: Lewis Patrick, Councilman
Cannaday, Spink
14
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January 14, 2010
39 Ordinance No. ORD-2009-9145 -- Comprehensive Plan Amendment #ZC09-
0057 - Amending the Comprehensive Plan to Change the Recommended Land
Use from "Retail" to "Low Density Residential" Uses - Approximately 23.8 Acres
Located North of Home Depot Drive, Between Ranch Trail and Market Place
Boulevard - Hines Las Colinas Land, LP, Applicant - Ranch Trail Partners, LP,
Owner (Postponed at the December 3, 2009 City Council Meeting)

Cannaday, Spink

(Generalized Site Plan) for R-6 (Single Family) District Uses - Approximately 23.8
Acres Located North of Home Depot Drive Between Ranch Trail and Market
Place Boulevard - Hines Las Colinas Land, LP, Applicant - Ranch Trail Partners,
LP Owner (Postponed at the December 3, 2009 City Council Meeting)

MOVER: Rose Cannaday, Councilwoman
Cannaday, Spink

(Generalized Site Plan) for P-O (Professional Office) District Uses -
Approximately 2.9 Acres Located at 204 East Airport Freeway - Healthspace JVI,
LLC, Applicant - Argonaut Holdings, Inc., Owner (Postponed at the December 3,
2009 City Council Meeting)
15
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January 14, 2010
RESULT: DENIED [UNANIMOUS]

MOVER: Rick Stopfer, Councilman
SECONDER: Sam Smith, Councilman
Cannaday, Spink

(Generalized Site Plan) for R-6 (Single Family) and Cemetery Related Uses -
Approximately 26.56 Acres Located at 1413 East Irving Boulevard - Oak Grove

Memorial Gardens, Applicant/Owner

Cannaday, Spink

(Detailed Site Plan) for Monument Sign - Approximately 29 Square Feet Located
at 1135 Kinwest Parkway - Cargo Eye Care of Las Colinas, Applicant -
Hackberry Office II, HOA, Owner

Cannaday, Spink

(Generalized Site Plan) for ML-20 (Light Industrial) and Aircraft Engine Assembly
and Disassembly Uses - Approximately 2.96 Acres Located at 4965 Hanson
Road - BP Aerospace, LLC, Applicant - Griffith Development, Inc., Owner
16
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January 14, 2010
opposition.
The applicant, Mike Walsh, 4965 Hanson Road, Irving, Texas 75038, presented
the case.

SECONDER: Thomas Spink, Councilman

Cannaday, Spink
APPOINTMENTS AND REPORTS
45 Resolution No. RES-2010-28 -- Appointing an Acting City Secretary and

Authorizing the Mayor to Sign an Employment Contract for Same Upon the
Retirement of Janice Carroll
Councilwoman Cannaday moved to appoint Shanae Jennings as Acting City

Secretary.

SECONDER: Sam Smith, Councilman
Cannaday, Spink
46 Resolution No. RES-2010-29 -- Appointments to Boards, Commissions, and

Committees, to Fill Two Year Terms Expiring November 2011, and Various
Unexpired Terms for the Following: Advisory Committee on Disabilities and
Construction Board of Appeals
Councilwoman Cannaday moved to appoint Bill Jackson to Place 7 on the

Construction Boards of Appeals - said term expiring November 2011, and
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January 14, 2010
Chris Fish to Place 11 on the Irving Advisory Committee on disabilities - said
term expiring November 2011.

SECONDER: Rick Stopfer, Councilman
Cannaday, Spink

47 Resolution No. RES-2010-30 -- Appointments to the Irving Flood Control District
Section I to Fill Three Two-Year Terms Expiring January 2012
Councilwoman Cannaday moved to reappoint the following to the Irving Flood

Control District Section I to terms expiring January 2012.
Phil Forte
Richard Lindsey
Gary Weinberger

SECONDER: Rick Stopfer, Councilman
Cannaday, Spink
48 Resolution No. RES-2009-554 -- Appointments to the Irving Flood Control

District Section III to Fill Two Two-Year Terms Expiring January 2012 and One
Unexpired Term Expiring January 2011
Councilwoman Cannaday moved to reappoint the following to the Irving Flood

Control District Section III to terms expiring 2012
William Correa
Chris Wallace
To appoint Dr. Mazhar Islamraja to an unexpired term expiring January 2011.
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January 14, 2010

Cannaday, Spink
49 Mayor’s Report

There was no report given.
50 Adjournment
The meeting adjourned at 9:15 p.m.
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:

City Secretary
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AGENDA ITEM SUMMARY
Meeting: 2/4/2010 DOC ID: 3214

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

Accordance with the City of Irving’s Records Management Policy
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all records destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 159.5 cubic feet of records for Police Administration,
Solid Waste Services, Parks and Building Services, Purchasing, Library, Code
Enforcement and Fleet.
Recommendation
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
Feb. 4, 2010 Destruction (PDF)
CURRENT YEAR FINANCIAL IMPACT:

NONE
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
COUNCIL RESOLUTION NO. (ID # 3214)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby authorizes the destruction of 159.5 cubic feet (155
boxes) of unneeded records as shown on the attached list.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
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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AGENDA ITEM SUMMARY

Recommending Department: Police LSR No: 10532
Resolution -- Approving InformaSystem’s Learning Management System

Dedicated Hosted Server Service Agreement
1. This item supports Strategic Goal No. 4: Safe and Secure City and No. 8: Sound
Governance.
2. Impact: This web-based application is a combined Learning Management System
and authoring tool with unique features not provided by any other solution.
3. This item has been recommended by the Police Department and Information
Technology, and it is a Strategic Project/Task approved by the Technology Review
Committee.
4. This agreement provides the ability to submit the Irving Police Department’s training
records to the Texas Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) database using the Texas Commission on Law Enforcement
Data Distribution System (TCLEDDS) protocol. It also provides mandated
TCLEOSE state training courses.
5. Funding in the amount of $49,170.00 for the period February 1, 2010, through
September 30, 2010, is available in the Police Narcotics Fund. Funding in the net
estimated amount of $33.780.00 for year two and in the net estimated amount of
$18,250.00 for year three and four of the contract are available subject to funds
being appropriated in Fiscal Years 2010-11, 2011-12, and 2012-13.
Recommendation
Contract Required: Yes Review Completed By: Charles Anderson

2052-0441-76901-200 Budget: $50,000.00 Actual: $49,170.00
P0__________
Budget Adjustment/Transfer Required: No
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 I. THAT the City Council hereby approves the attached Learning Management System
Dedicated Hosted Server Service Agreement between the City of Irving and Informa
Systems, Inc., for the grant of a license for the use of the InformaStream software at a
fee of $49,170.00, and the Mayor is authorized to execute said agreement.
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
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Recommending Department: City Attorney’s Office LSR No: N/A
Resolution -- Approving Addendum No. 1 to Option Agreement between

the City of Irving and Chaparral Rails to Trails, Inc., and Approving the
First Option Extension for Approximately 56 Miles of Right-of-Way
2. Impact: Approval of this addendum and option payment will secure Irving’s ability to
purchase almost 56 miles of right-of-way through July 5, 2011.
3. On April 23, 2009, the City of Irving entered into an option agreement with
Chaparral Rails to Trails, Inc., for the purchase of almost 56 miles of right-of-way.
This right-of-way would be used for a raw water line. The surface of the right-
of-way would remain available for recreational trail activity.
4. Funding in the amount of $100,000 is available in the Water Resources
Development Fund.
Recommendation
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)

5423-3204-56401-1160 Budget: $100,000 Actual: $100,000
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;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves Addendum No. 1 to the 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
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
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:
1. The introductory paragraph of the Agreement shall be amended to read 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
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
No/100 Dollars ($100,000.00) (“Third Extension Payment”).
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.
Executed this ______ day of February, 2010.
CHAPARRAL RAILS TO TRAILS, INC. CITY OF IRVING
By: By:
ATTEST: ATTEST:

City Secretary
Charles R. Anderson
City Attorney
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CORPORATE ACKNOWLEDGMENT
THE STATE OF ________________ )
)
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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AGENDA ITEM SUMMARY

Recommending Department: Capital Improvement Program LSR No: 10584
Resolution -- Authorizing the Mayor to Execute an Interlocal Agreement

Between the City of Irving and Dallas County Accepting a Trail
Development Grant for the Construction of Campion Trails
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: This grant will provide $461,011.00 for the continued construction of
Campión Trails.
3. The grant provides $461,011.00 for the construction of primary trail in River Hills
Park. This will extend the primary trail to the north of Trinity View Park and the
grant project will include 495 feet of 12’ wide primary trail, and two pedestrian
bridges.
4. This is a reimbursement grant which requires the city to spend the funds and be
reimbursed by Dallas County.
5. This grant funding is available to the city because of our recent favorable bids
received on the Twin Wells to Trinity View Parks trail extension which was funded
with the 2008 Dallas County Trail Grant.
6. The construction documents for this project will be prepared by in-house staff on the
Capital Improvement Program Team.
7. The grant has a three year term and all construction will have to be completed
within three years.
8. This is the fourth consecutive Dallas County Trail Grant received by the city. The
previous grants include $235,000.00 in 2007, $1.1 million in 2008, and $1.3 million
in 2009.
9. Funding in the amount of $461,011.00 is available in the Non-Bond CIP Fund.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
.
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4001-0732-70201-901010 $461,011.00 $461,011.00
Prepared: 1/26/2010 01:52 PM by Lana King
Last Updated: 1/29/2010 09:58 AM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached interlocal agreement between
the City of Irving and Dallas County for a trail development grant for the construction
of Campión Trails in an amount not to exceed $461,011.00, and the Mayor is
authorized to execute said agreement.
____________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Recommending Department: Irving Arts Center LSR No:
Resolution -- Approving a Temporary Employee for the Position of

Educational Coordinator at the Irving Arts Center for Educational Activities
Related to the Special Exhibiton “Genghis Khan.”
1. This item supports Strategic Goal No. 7: Exceptional Recreational, Cultural, and
Educational opportunities.
2. Impact: The position of Educational Coordinator will be hired as a Temporary
Employee to develop educational activities reaching schools within a 400-mile
radius of DFW for field trips.
3. The position is crucial because of the administrative requirements necessary for the
successful coordination with multiple school districts, teachers, transportation and
hotel arrangements required for this program, thereby, increasing attendance to the
exhibition and educational opportunities throughout the region
4. Funding in the amount of $52,000.00 is available in the Contract Labor Fund. A
budget adjustment for $21,892.00 is available in the Genghis Khan Fund.
It will have no impact on the City’s General Fund. The Arts Center has funding to
pay for the position as long as we anticipate it will be in place.
Recommendation
Contract Required: N/A Review Completed By: N/A
.
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Contract Labor: 2370-25041-562601-800-AR1003
Budget: ($52,000) Actual: ($52,000)
Salary : 2370-25041-61301-800
Budget: $52,164 Actual: $52,164
Unemployment Insurance: 2370-25041-56310-800

Budget: $216 Actual: $216
Medicare: 2370-25041-57502-800
Health Insurance: 2370-25041-56307-800

Budget: $11,472 Actual: $11,472
Life Insurance: 2370-25041-56305-800

TMRS: 2370-25041-57504-800
Budget: $8,526 Actual: $8,526
Additional Pay: 2370-25041-61601-800

Budget Adjustment/Transfer Required: Yes, as this is a new position the funds have not been
allocated.
Prepared: 1/20/2010 10:28 AM by Mary Carrol
Last Updated: 1/29/2010 02:59 PM by Jennifer Dwyer
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the hiring of a temporary employee for the
position of Educational Coordinator at the Irving Arts Center for educational
activities related to the special exhibition “Genghis Khan,” with an annual salary of
$73,982.
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.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Recommending Department: Solid Waste Services LSR No: N/A
Resolution -- Approving and Accepting the Bid of IESI TX Corp, for an

Annual Contract to Provide Collection of Containerized Refuse for City
Facilities
2. This item has been recommended by Solid Waste Services.
3. Impact: This service promotes a positive work environment and improves the
visual impression of the community.
4. This award establishes an annual contract for the continuation of providing
collection of containerized refuse for City facilities.
through September 30, 2010, in the net estimated amount of $66,902.07 for the
period of October 1, 2010, through September 30, 2011, and in the net estimated
is available in the Solid Waste Enterprise Fund, subject to funds being appropriated
in Fiscal Years 2010-11 and 2011-12.
Recommendation
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)

5060-0612-56401-400 Budget: $32,141.69 Est. Award: $39,026.19
Purchase orders will be issued as needed for annual contract.
Budget Adjustment/Transfer Required: No, funding is available.
Prepared: 1/18/2010 02:51 PM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of IESI TX Corp in the
net estimated amount of $39,026.19 for the period of March 1, 2010, through
September 30, 2010; in the net estimated amount of $66,902.07 for the period of
October 1, 2010, through September 30, 2011; and in the net estimated amount of
$27,875.88 for the period of October 1, 2011, through February 28, 2012, subject to
funds being appropriated in Fiscal Years 2010-11 and 2011-12, for Collection of
Containerized Refuse for City Facilities, and awards the contract to said company in
said amount, and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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CITY OF IRVING, TEXAS

ITB Name: Collection of Containerized Refuse for City Facilities
ITB Number: 077M-10F
Purchasing Agent, Marsha Hughes, 972-721-3754
*Recommended for
Community Waste Republic Waste
Vendors Award Service Waste, Inc.
Disposal, L.P. Services of Texas, Ltd.
*IESI TX Corp
Collection
Facility Monthly Charge Monthly Charge Monthly Charge Monthly Charge
Frequency
Central Fire Station 5 $42.28 $69.00 $51.20 $75.45
Central Library 5 $158.20 $193.00 $147.66 $301.78
Cimarron Park 2 60..01 $98.00 $93.49 $100.59
City Animal Shelter 2 $105.50 $138.00 $106.11 $201.19
Attachment: Response Summary (3204 : 30P06 Collection of Refuse)

City Yard-Car Wash 2 $60.01 $98.00 $93.49 $100.59
City Yard-Garage 2 $60.01 $98.00 $93.49 $100.59
City Yard-Garage Gen Svs 2 $84.56 $121.00 $94.98 $150.90
City Yard - Pressure Hose 2 $60.01 $98.00 $93.49 $100.59
City Yard-Traffic Dept Radio 2 $84.56 $121.00 $94.98 $150.90
City Yard-Traff Dept. Sign

2 $84.56 $121.00 $94.98 $150.90
Shop
Criminal Justice-North 2 $263.70 $303.00 $217.41 $502.97
Criminal Justice-South 2 $263.70 $303.00 $217.41 $502.97
Family Advocacy Center 2 $84.56 $121.00 $94.98 $150.90
FS#1 5 $84.56 $121.00 $94.98 $150.90
FS#3 5 $126.80 $171.00 $132.08 $226.35
FS#5 2 $105.50 $138.00 $106.11 $201.19
FS#6 (NEW) 2 $84.56 $121.00 $94.98 $150.90
FS#6 (OLD) 2 $60.01 $98.00 $93.49 $100.59

FS#7 2 $105.50 $138.00 $106.11 $201.19
FS#8 3 $84.56 $121.00 $94.98 $150.90
FS#9 2 $60.01 $98.00 $93.49 $100.59
FS#10 2 $105.50 $138.00 $106.11 $201.19
FS#11 3 $84.56 $121.00 $94.98 $150.90
Fritz Park Maintenance Shop 2 $84.56 $121.00 $94.98 $150.90
Fritz Park Petting Farm 2 $84.56 $121.00 $94.98 $161.73

Harrington Soccer Complex 2 $52.74 $80.00 $57.13 $100.59
Health Clinic 2 $84.56 $121.00 $94.98 $150.90
Hertage Senior Center 2 $105.50 $138.00 $106.11 $212.02
Irving Arts Ctr 2 $158.20 $193.00 $147.66 $301.78
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Irving Police Academy 1 $105.50 $138.00 $106.11 $201.19
Irving Police Auto Pound 2 $60.01 $98.00 $93.49 $100.59

Jaycee Park 2 $60.01 $98.00 $93.49 $100.59
Las Colinas Service Center 2 $105.50 $138.00 $106.11 $201.19

Lee Park 2 $60.01 $98.00 $93.49 $100.59
Lively Park 2 $84.56 $121.00 $94.98 $150.90
MacArthur Pump Station 2 $30.01 $58.00 $43.04 $50.30
Mustang Park 2 $84.56 $121.00 $94.98 $150.90
Northwest Park 2 $84.56 $121.00 $94.98 $150.90

Parks North Service Center 2 $60.01 $98.00 $93.49 $100.59
Senter Park East 2 $84.56 $121.00 $94.98 $150.90
Senter Park West 1 $84.56 $121.00 $94.98 $150.90

Southwest Library 2 $60.01 $98.00 $93.49 $100.59
Southwest Park-Front 2 $158.20 $193.00 $147.66 $301.78
Southwest Park-Rear 2 $158.20 $193.00 $147.66 $301.78

Trinity View Park -1 2 $105.50 $138.00 $106.11 $212.02
Trinity View Park -2 2 $105.50 $138.00 $106.11 $212.02
Trinity View Park-3 2 $105.50 $138.00 $106.11 $212.02
Twin Wells Park Baseball
3 $60.01 $98.00 $93.49 $100.59
Fields
Valley View Service Center-
3 $105.50 $138.00 $106.11 $201.19
Office
Valley View Service Center-
2 $105.50 $138.00 $106.11 $201.19
Shop
Warehouse 2 $84.56 $121.00 $94.98 $150.90
West Park 2 $84.56 $121.00 $94.98 $150.90
Monthly Subtotal Charge -

$4,860.22 $6,766.00 $5,413.75 $9,057.46
City Facilities
Annual Total -City Facilities 12 $58,322.64 $81,192.00 $64,965.00 $108,689.52
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Community Waste Waste Management of
Vendors IESI TX Corp Service Waste, Inc.
Disposal L.P. North Texas
Collection
Private Location Frequency
Prices Prices Prices Prices
Club Townhomes 2 $95.48 $121.00 $94.98 $150.90

Tolar Place Townhomes 3 $185.50 $193.00 $147.66 $301.78
Coppell ISD, VR Elem 5 $309.16 $303.00 $217.41 $502.97
Sub-Total - Private Locations $590.14 $617.00 $460.05 $955.65
Annual Total Private Locations $7,081.68 $7,404.00 $5,520.60 $11,467.80
8 Extra Dumps 8 $87.36 $264.00 $118.88 $185.84
8 Extra Dumps 8 $128.52 $344.00 $141.36 $278.40
8 Extra Dumps 8 $168.00 $384.00 $157.76 $332.00
Total - 24 Extra Dumps $383.88 $992.00 $418.00 $796.24
Total - 10 Special Events $393.75 $1,650.00 $1,204.42 $950.00
Subtotal - City Facilities,

Private Locations, 8 Extra $66,181.95 $91,238.00 $72,108.02 $121,903.56
Dumps and 10 Special Events
Payment Discount Net 30 2%/30 2%/30 2%/30
Discount Amount $0.00 $1,824.76 $1,442.16 $2,438.07
Grand Total $66,181.95 $89,413.24 $70,665.86 $119,465.49
3 Packet Pg. 81
9.a

Community Waste
Vendors IESI TX Corp Service Wate, Inc.
Disposal L.P.

Service Frequency Weekly Unit Price Unit Price Unit Price Unit Price
1 $22.73 $41.00 $38.58 $25.15

2 $45.47 $68.00 $69.75 $50.30
3 $68.20 $95.00 $99.43 $75.45
4 $90.93 $121.00 $126.14 $100.59
5 $113.70 $147.00 $147.66 $125.74
6 $136.40 $174.00 $166.21 $165.98
1 $30.01 $58.00 $43.04 $50.30

2 $60.01 $98.00 $93.49 $100.59
3 $90.02 $136.00 $115.75 $150.90
4 $120.00 $175.00 $144.69 $201.20
5 $150.00 $213.00 $172.14 $251.50
6 $180.00 $252.00 $192.92 $331.96
1 $42.28 $69.00 $51.20 $75.45

2 $84.56 $121.00 $94.98 $150.90
3 $126.80 $171.00 $132.08 $226.35
4 $169.10 $220.00 $165.47 $301.80
5 $211.40 $270.00 $194.40 $377.25
6 $253.70 $319.00 $218.15 $497.95
1 $52.74 $80.00 $57.13 $100.59

2 $105.50 $138.00 $106.11 $201.19
3 $158.28 $193.00 $147.66 $301.78
4 $211.00 $248.00 $186.24 $402.38
5 $263.70 $303.00 $217.41 $502.97
6 $316.40 $358.00 $244.12 $663.92
4 Packet Pg. 82
9.a

Community Waster Waste Management of
Vendors IESI TX Corp Service Waste, Inc.
Disposal L.P. North Texas
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
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AGENDA ITEM SUMMARY

Recommending Department: Water Utilities LSR No: N/A
Resolution -- Approving and Accepting the Bids of Badger Meter, Inc., and
Hersey Meters Company, LLC, for Annual Contracts to Provide Water
Meters
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
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)
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5411-3251-551301-1050 Budget: $571,066.48 Est. Award: $571,066.48
Prepared: 1/18/2010 11:34 AM by Marsha Hughes
Last Updated: 1/20/2010 01:31 PM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bids of Badger Meter, Inc.,
for Groups 1 and 5 in the net estimated amount of $301,443.75 for the period of
February 4, 2010, through September 30, 2010, and in the net estimated amount of
$100,481.25 for the period of October 1, 2010, through January 31, 2011, subject to
funds being appropriated in Fiscal Year 2010-11, and Hersey Meters Company, LLC,
for Groups 2 and 3 in the net estimated amount of $269,622.73 for the period of
February 4, 2010, through September 30, 2010, and in the net estimated amount of
$89,874.24 for the period of October 1, 2010, through January 31, 2011, subject to
funds being appropriated in Fiscal Year 2010-11, for Water Meters, and awards the
contracts to said companies in said amounts, and authorizes the Mayor to execute any
necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 5411-3251-551301-1050
in the total net estimated amount of $571,066.48.
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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10.a
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Attachment: Response Summary (3203 : 30P32 Water Meters)
10.a
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10.a
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10.a
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10.a
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AGENDA ITEM SUMMARY

Recommending Department: Parks & Building Maintenance LSR No: N/A
Resolution -- Renewing the Annual Contracts with Landmark Earth

Services, LLC, and Edko, LLC (formerly SprayMAX, Inc.) for Chemical
Weed and Pest Control for Park Areas and Drainage Channels
Environments.
3. Impact: Keeping the park areas and drainage channels free of weeds and insects
improves the visual impression of the community and provides a safe and inviting
environment for outdoor recreation.
4. This renewal establishes the continuation of annual contracts to provide chemical
weed and pest control for parks and drainage channels. The original contract was
awarded on the basis of competitive bids.
through September 30, 2010; in the net estimated amount of $63,364.58 for the
period of October 1, 2010, through September 30, 2011; and in the net estimated
is available in the General Fund, subject to funds being appropriated in Fiscal Years
2010-11 and 2011-12.
FY09-10 FY10-11 FY11-12 Total 2-Year
Vendor Section(s) Est. Exp. Est. Exp. Est. Exp. Est. Exp.
Landmark Earth Services, LLC I $18,052.84 $18,052.84 $ 0.00 $36,105.68
Edko, LLC (formerly SprayMAX, Inc.) II $33,910.72 $45,311.74 $11,401.02 $90,623.48
Total Estimated Amount $51,963.56 $63,364.58 $11,401.02 $126,729.16
Recommendation
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.
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1001-0751-56406-500 Budget: $51,963.56 Est. Award: $51,963.56
Prepared: 1/18/2010 10:58 AM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the contracts with Landmark Earth Services,
LLC, for Section I in the net estimated amount of $18,052.84 for the period of
March 1, 2010, through September 30, 2010, and in the net estimated amount of
$18,052.84 for the period of October 1, 2010, through September 30, 2011, subject to
funds being appropriated in Fiscal Year 2010-11; and Edko, LLC, (formerly
SprayMAX, Inc.) for Section II in the net estimated amount of $33,910.72 for the
period of March 1, 2010, through September 30, 2010, in the net estimated amount of
$45,311.74 for the period of October 1, 2010, through September 30, 2011, and in the
net estimated amount of $11,401.02 for the period of October 1, 2011, through
February 28, 2012, subject to funds being appropriated in Fiscal Years 2010-11 and
2011-12, for Chemical Weed and Pest Control for Park Areas and Drainage Channels,
and awards the renewal contracts to said companies in said amounts, and authorizes
the Mayor to execute any necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 1001-0751-56406-500 in
the total net estimated amount of $51,963.56.
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Resolution -- Renewing the Annual Contract with Quality Tractor Mowing

Corp., for Mowing and Litter Control on Public Rights of Way and TXDOT
Rights of Way
Environments.
3. Impact: Maintenance of City and State properties promotes the visual impression
of the City, making Irving a more attractive community.
4. This renewal establishes the continuation of an annual contract to provide mowing
and litter control on public rights of way and TXDOT rights of way. The original
contract was awarded on the basis of competitive bids.
the period of October 1, 2010, through September 30, 2011, and in the net
estimated amount of $40,807.00 for the period of October 1, 2011, through
February 28, 2012, is available in the General Fund, subject to funds being
appropriated in Fiscal Years 2010-11 and 2011-12.
Recommendation
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.

1001-0751-56406-500 Budget: $169,119.40 Est. Award: $169,119.40
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Quality Tractor
Mowing Corp., in the net estimated amount of $169,119.40 for the period of March 1,
the period of October 1, 2010, through September 30, 2011; and in the net estimated
subject to funds being appropriated in Fiscal Years 2010-11 and 2011-12, for Mowing
and Litter Control on Public Rights of Way and TXDOT Rights of Way, and awards
the renewal contract to said company in said amount, and authorizes the Mayor to
execute any necessary contract.

__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Resolution -- Renewing the Annual Contract with Whitmore & Sons, Inc.,
for Mowing, Litter Control, and Grounds Maintenance for Medians and
Various Properties
Environments.
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.
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
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.

1001-0751-56406-500 Budget: $130,724.57 Est. Award: $130,724.57
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Whitmore & Sons,
Inc., 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, subject to funds being
appropriated in Fiscal Year 2010-11, for Mowing, Litter Control, and Grounds
Maintenance for Medians and Various Properties, and awards the renewal contract to
said company in said amount, and authorizes the Mayor to execute any necessary
contract.
__________________________________
Max S. Duplant, CPA
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Recommending Department: Financial Services LSR No: 10524
Resolution -- Approving and Accepting the Proposal of Chase Equipment

Finance, Inc., for Lease-Purchase Financing of an Aerial Truck and a
Rescue Truck
2. This item has been recommended by Financial Services.
3. Impact: The City will save approximately $450,000.00 in interest using a five-year
lease/purchase arrangement instead of the 20-year General Obligation bond issue.
4. This award establishes a lease-purchase agreement for providing financing to the
City at an interest rate up to 3.4%, for an aerial truck and a rescue vehicle for Fire.
Rate will be locked in for the entire lease by the end of February 2010.
5. Both vehicles were approved for purchase from Metro Fire Apparatus Specialists,
Inc., by the December 11, 2008, Council. One vehicle has been delivered and the
other vehicle is expected to be delivered within six to twelve weeks.
6. In lieu of direct participation, Chase affirms that approximately 25% of previous
quarter purchases were from M/WBE vendors.
7. Payments will be made semi-annually, starting six months after funding is secured
(beginning approximately August 2010 and ending approximately February 2015).
8. Funding will be 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
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, in the Equipment Replacement Fund.
Recommendation
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.
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ATTACHMENTS:
A. Evaluation Summary (PDF)
B. RES Lease Purchase Documents (PDF)

6604-0512-561528-300 Budget: $159,996.01 Estimated Award: $159,996.01
Payment checks will be issued semi-annually beginning six months after funding is secured.
Budget Adjustment/Transfer Required: Yes
Prepared: 12/28/2009 02:40 PM by Ed Matthews
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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;

IRVING, TEXAS:
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
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
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14
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
__________________________________
Max S. Duplant, CPA
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 105

044E‐10F ‐ Lease/Purchase Plan
Selection Criteria and Evaluation Guidelines Chase Midwest Leasing First Southwest
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
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14.a
Attachment: A. Evaluation Summary (3174 : 30P08 Appv Propsl - Chase for lease-pur fire appar)
14.b
Packet Pg. 107

Attachment: B. RES Lease Purchase Documents (3174 : 30P08 Appv Propsl - Chase for lease-pur fire appar)
14.b
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14.b
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14.b
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14.b
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14.b
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14.b
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14.b
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AGENDA ITEM SUMMARY

Ordinance -- Calling a Regular Municipal Election to be Held on Saturday,

May 8, 2010, for the Purpose of Electing City Council Places One (1), Two
(2), and Seven (7), and Calling a Subsequent Run-Off Election, If Necessary
2. Impact: The City holds the General Election for Mayor and Council places every
year in May to assure that the residents of Irving have a choice in regards to their
representation at the municipal level.
3. The City Secretary’s Office has prepared the ordinance to call an election and
corresponding candidate packet information based on single-member districts;
recognizing that this is subject to a Federal ruling.
4. This also serves as an official confirmation of the offices to be filled and will be
submitted as a part of the preclearance filed with the Justice Department.
Recommendation
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.

NONE
Prepared: 1/21/2010 01:47 PM by Jennifer Dwyer
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ORDINANCE NO. (ID # 3215)
AN ORDINANCE OF THE CITY OF IRVING ORDERING AN ELECTION TO BE HELD IN SAID

CITY AT THE NEXT REGULAR MUNICIPAL ELECTION DATE ON THE 8TH DAY OF MAY,
2010, FOR THE PURPOSE OF ELECTING THREE COUNCILMEMBERS TO PLACES 1, 2, AND
7; DESIGNATING THE PLACE AT WHICH SAID ELECTION IS TO BE HELD; MAKING
PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS
INCIDENT AND RELATING TO THE PURPOSE OF THIS ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IRVING, TEXAS:
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:
CITY PRECINCT NO. POLLING PLACE ELECTION PRECINCTS
1 Thomas Haley Elementary 4621, 4622, 4623, 4630,

3601 Cheyenne Street 4634, 4638, 4641
2 A.S. Johnston Elementary 4624, 4625, 4631, 4647

2801 Rutgers Drive
3 MacArthur High School 4626, 4632, 4633, 4635, 4636

3700 North MacArthur Boulevard 4646, 4648, 4649
4 L.B. Barton Elementary 4611, 4618

2931 Conflans Road
5 Irving High School 4612, 4613, 4614, 4615, 4619

900 O’Connor Road
6 J.R. Good Elementary 4608, 4616, 4617, 4620

1200 East Union Bower Road
-1-
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7 Otis Brown Elementary 4605, 4606

2501 West Tenth Street
8 Lee Britain Elementary 4602, 4603, 4604, 4607

631 Edmondson Drive
9 Cimarron Park Recreation Center 4642, 4643, 4644, 4651

201 Red River Trail
10 Mustang Park Recreation Center 4637, 4639, 4640, 4650

2223 Kinwest Parkway
11 J.O. Davis Elementary 4609, 4610

310 Davis Drive
12 Sally B. Elliott Elementary 4600, 4601

1900 South Story Road
13 Fire Station No. 8 4627, 4628, 4629

650 East Las Colinas Drive
14 Grand Prairie Fire Station No. 8 4645

3017 Roy Orr Boulevard
Grand Prairie, Texas
15 Coppell Town Center 4708

255 Parkway Boulevard
Coppell, Texas
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:
April 26 – May 1, 2010 8:00 a.m. to 5:00 p.m.

May 2, 2010 1:00 p.m. to 6:00 p.m.
May 3-4, 2010 7:00 a.m. to 7:00 p.m.
-2-
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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.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Recommending Department: Financial Services LSR No:
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
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
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)

NONE
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Prepared: 1/26/2010 08:54 AM by Brad Duff
Last Updated: 1/28/2010 03:39 PM by Brad Duff
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Ordinance will be provided by packet Friday.
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Attachment: Hotel Occupancy Tax Revenue Bonds - Taxable Series 2010 (3220 : 8 Entertainment Venue Bonds 2010)
BOND ORDINANCE NO. _______
THE CITY OF IRVING, TEXAS

HOTEL OCCUPANCY TAX REVENUE BONDS
TAXABLE SERIES 2010
Adopted: February 4, 2010
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TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.1. Definitions........................................................................................................... 3

Section 1.2. Findings. ............................................................................................................. 9
Section 1.3. Table of Contents, Titles and Headings................................................................ 9
Section 1.4. Interpretation. ...................................................................................................... 9
ARTICLE II
SECURITY FOR THE BONDS; INTEREST AND SINKING FUND
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
AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS
Section 3.1. Authorization. ................................................................................................... 12

Section 3.2. Date, Denomination, Maturities and Interest...................................................... 12
Section 3.3. Medium, Method and Place of Payment............................................................. 13
Section 3.4. Execution and Registration of Bonds. ................................................................ 14
Section 3.5. Ownership. ........................................................................................................ 15
Section 3.6. Registration, Transfer and Exchange. ................................................................ 15
Section 3.7. Cancellation. ..................................................................................................... 16
Section 3.8. Temporary Bonds. ............................................................................................. 16
Section 3.9. Replacement Bonds. .......................................................................................... 17
ARTICLE IV
REDEMPTION OF BONDS BEFORE MATURITY
Section 4.1. Limitation on Redemption. ................................................................................ 18

Section 4.2. Optional Redemption......................................................................................... 18
Section 4.3. Mandatory Sinking Fund Redemption. .............................................................. 18
Section 4.4. Notice of Redemption to Owners....................................................................... 19
Section 4.5. Payment Upon Redemption. .............................................................................. 19
Section 4.6. Effect of Redemption. ....................................................................................... 20
Section 4.7. Conditional Notice of Redemption..................................................................... 20
Section 4.8. Lapse of Payment. ............................................................................................. 20
(i)
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ARTICLE V
PAYING AGENT/REGISTRAR
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
FORM OF THE BONDS
Section 6.1. Form Generally. ................................................................................................ 22

Section 6.2. Form of the Bonds. ............................................................................................ 22
Section 6.3. CUSIP Registration. .......................................................................................... 30
Section 6.4. Legal Opinion. .................................................................................................. 30
Section 6.5. Statement of Insurance. ..................................................................................... 30
ARTICLE VII
CONCERNING THE TRUSTEE
Section 7.1. Appointment; Acceptance of Trust and Performance Thereof. ........................... 30

Section 7.2. Trustee May Rely upon Certain Documents and Opinions. ................................ 32
Section 7.3. Trustee Not Responsible for Ordinance Statements, Validity. ............................ 33
Section 7.4. Limits on Duties and Liabilities of Trustee. ....................................................... 33
Section 7.5. Money Held in Trust. ........................................................................................ 33
Section 7.6. Costs for Maintenance of Suit; Indemnification. ................................................ 34
Section 7.7. Intervention in Judicial Proceedings. ................................................................. 34
Section 7.8. Reports of Activities.......................................................................................... 35
Section 7.9. Compensation of Trustee................................................................................... 35
Section 7.10. Trustee May Hold Bonds................................................................................... 35
Section 7.11. Resignation of Trustee....................................................................................... 36
Section 7.12. Removal of Trustee. .......................................................................................... 36
Section 7.13. Appointment of Successor Trustee..................................................................... 36
Section 7.14. Merger of Trustee.............................................................................................. 37
Section 7.15. Transfer of Rights and Property to Successor Trustee. ....................................... 37
Section 7.16. Survival of Rights.............................................................................................. 38
Section 7.17. Appointment of a Co-Trustee. ........................................................................... 38
(ii)
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ARTICLE VIII
SALE AND DELIVERY OF BONDS, DEPOSIT OF PROCEEDS
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
Section 9.1. Investments. ...................................................................................................... 46

Section 9.2. Investment Income. ........................................................................................... 46
ARTICLE X
ADDITIONAL BONDS
Section 10.1. No Prior Lien Bonds.......................................................................................... 46

Section 10.2. Refunding Bonds............................................................................................... 47
Section 10.3. Additional Parity Bonds Secured by the Pledged Special Taxes. ........................ 47
Section 10.4. Other Additional Bonds Secured by the Chapter 351 Hotel Taxes...................... 47
Section 10.5. Parity Certificates. ............................................................................................. 47
Section 10.6. Other Additional Bonds Secured by the Venue Hotel Taxes. ............................. 47
ARTICLE XI
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 11.1. Payment of the Bonds........................................................................................ 47

Section 11.2. Other Representations and Covenants................................................................ 48
(iii)
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ARTICLE XII
DEFAULT AND REMEDIES
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
Section 13.1. Limitations on Modifications............................................................................. 51

Section 13.2. Powers of Amendment. ..................................................................................... 51
Section 13.3. Consent of Owners. ........................................................................................... 51
Section 13.4. Mailing of Notice. ............................................................................................. 52
Section 13.5. Amendments by Unanimous Consent. ............................................................... 52
Section 13.6. Exclusion of Bonds. .......................................................................................... 52
ARTICLE XIV
DISCHARGE
Section 14.1. Discharge. ......................................................................................................... 53
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.1. Notices. ............................................................................................................. 53

Section 15.2. Conflicts............................................................................................................ 54
(iv)
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AN ORDINANCE PROVIDING FOR THE ISSUANCE AND

SALE OF CITY OF IRVING, TEXAS, HOTEL OCCUPANCY
TAX REVENUE BONDS, TAXABLE SERIES 2010, IN THE
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
WHEREAS, Chapter 1371, Government Code, as amended (“Chapter 1371”), Chapter

334, Local Government Code, as amended (“Chapter 334”) and Chapter 351, Tax Code, as
amended (“Chapter 351” and, together with Chapter 334 and Chapter 1371, the “Act”) authorize
the City of Irving, Texas (the “City”), to issue its bonds or other obligations for the purpose of
financing all or a portion of the costs of a convention center (the “Convention Center”) and a
related multi-functional theater, performance hall, music hall and community and entertainment
venue (the “Entertainment Venue” and, together with the Convention Center, the “Project”) that
is planned to be located within the Las Colinas Urban Center of the City; and
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
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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF IRVING, TEXAS:
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ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
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:
“Act” means Chapter 334, Texas Local Government Code.
“Additional Parity Bonds” means the bonds or other obligations authorized by

Section 10.3 herein.
“Administrative Expenses” means the fees, expenses and indemnification liabilities

payable to the Persons to whom fees and expenses incurred in connection with the Bonds issued
hereunder are owed, including but not limited to the fees and expenses of the Paying
Agent/Registrar, the Trustee, the rebate analyst, rating agencies, Credit Agreement providers,
and of which the City is given actual notice at least thirty (30) days prior to the due date thereof.
“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” means any of the Bonds.
“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
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 .
“City” means the City of Irving, Texas.
“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).
“Debt Service Fund” means the fund established by Section 8.5 of this Ordinance.
“Default Rate” means the Prime Rate plus 4.0%.
“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.
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
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.
“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.
“Purchaser” means Bank of America, N.A.
“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.
“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.
Section 1.2. Findings.
The declarations, determinations and findings declared, made and found in the preamble
to this Ordinance are hereby adopted, restated and made a part of the operative provisions hereof.
Section 1.3. Table of Contents, Titles and Headings.
The table of contents, titles and headings of the Articles and Sections of this Ordinance
have been inserted for convenience of reference only and are not to be considered a part hereof
and shall not in any way modify or restrict any of the terms or provisions hereof and shall never
be considered or given any effect in construing this Ordinance or any provision hereof or in
ascertaining intent, if any question of intent should arise.
Section 1.4. Interpretation.
(a) Unless the context requires otherwise, words of the masculine gender shall be
construed to include correlative words of the feminine and neuter genders and vice versa, and
words of the singular number shall be construed to include correlative words of the plural
number and vice versa.
(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
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.
Section 2.2. Pledge and Security; Assignment to Trustee.
(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
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.
Section 2.3. Security Agreement.
(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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corporation, governmental entity or other person proposing to do or doing business with, or

having or asserting claims against the City, at all times during regular business hours.
(d) The provisions and filings required by subsections (a), (b) and (c) of this
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
AUTHORIZATION; GENERAL TERMS AND PROVISIONS

REGARDING THE BONDS
Section 3.1. Authorization.
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.
Section 3.2. Date, Denomination, Maturities and Interest.
(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
Year Principal Amounts
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
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.
Section 3.3. Medium, Method and Place of Payment.
(a) The principal of, premium, if any, and interest on the Bonds shall be paid in
lawful money of the United States of America.
(b) Interest on the Bonds shall be payable 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
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.
(e) Unclaimed payments of amounts due hereunder shall be segregated in a special

account and held in trust, uninvested by the Paying Agent/Registrar, for the account of the
Owner of the Bonds to which such unclaimed payments pertain. Subject to Title 6 of the Texas
Property Code, any unclaimed payments remaining unclaimed by the Owners entitled thereto for
three years after the applicable payment or redemption date shall be applied to the next payment
or payments on the Bonds thereafter coming due and, to the extent any such money remains after
the retirement of all outstanding Bonds, shall be paid to the City to be used for any lawful
purpose. Thereafter, neither the City, the Paying Agent/Registrar nor any other person shall be
liable or responsible to any holders of such Bonds for any further payment of such unclaimed
moneys or on account of any such Bonds, subject to Title 6 of the Texas Property Code.
Section 3.4. Execution and Registration of Bonds.
(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
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.
Section 3.5. Ownership.
(a) The City, the Paying Agent/Registrar and any other person may treat the person in
whose name any Bond is registered as the absolute owner of such Bond for the purpose of
making and receiving payment 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.
Section 3.6. Registration, Transfer and Exchange.
(a) So long as any Bonds remain outstanding, the City shall cause the Paying
Agent/Registrar to keep at the Designated Payment/Transfer Office a register (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,
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.
Section 3.7. Cancellation.
(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.
Section 3.8. Temporary Bonds.
(a) Following the delivery and registration of the Initial Bond and pending the
preparation of definitive Bonds, the proper officers of the City may execute and, upon the City’s
request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Bonds
that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any
denomination, substantially of the tenor of the definitive Bonds in lieu of which they are
delivered, without coupons, and with such appropriate insertions, omissions, substitutions and
other variations as the officers of the City executing such temporary Bonds may determine, as
evidenced by their signing of such temporary Bonds.
(b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall
be entitled to the benefit and security of this Ordinance. 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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Section 3.9. Replacement Bonds.
(a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated
Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a
replacement Bond of like tenor and principal amount, bearing a number not contemporaneously
outstanding. The City or the Paying Agent/Registrar may require the Owner of such Bond to pay
a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed
in connection therewith and any other expenses connected therewith.
(b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the
Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence
of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall
authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a
number not contemporaneously outstanding, provided that the Owner first:
(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her

ownership of and the circumstances of the loss, destruction or theft of such Bond;
(ii) furnishes such security or indemnity as may be required by the Paying

Agent/Registrar, and acceptable to the City, to save it and the City harmless;
(iii) pays all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or
other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the City and the
Paying Agent/Registrar.
(c) If, after the delivery of such replacement Bond, a bona fide purchaser of the
original Bond in lieu of which such replacement Bond was issued presents for payment such
original Bond, the City and the Paying Agent/Registrar shall be entitled to recover such
replacement Bond from the person to whom it was delivered or any person taking therefrom,
except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity
provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the
Paying Agent/Registrar in connection therewith.
(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully
taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its
discretion, instead of issuing a replacement Bond, may pay such Bond if it has become due and
payable or may pay such Bond when it becomes due and payable.
(e) Each replacement Bond delivered in accordance with this Section shall constitute
an original additional contractual obligation of the City and shall be entitled to the benefits and
security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such
replacement Bond is delivered.
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ARTICLE IV
REDEMPTION OF BONDS BEFORE MATURITY
Section 4.1. Limitation on Redemption.
The Bonds shall be subject to redemption before scheduled maturity only as provided in
this Article IV.
Section 4.2. Optional Redemption.
(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.
Section 4.3. Mandatory Sinking Fund Redemption.
(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:
Term Bond Maturing August 15, 2029
Redemption Date Principal Amount
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
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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
(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.
Section 4.4. Notice of Redemption to Owners.
(a) The Paying Agent/Registrar shall give notice of any redemption of Bonds by
sending notice by first class United States mail, postage prepaid, not less than 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.
Section 4.5. Payment Upon Redemption.
(a) Before or on each redemption date, the City shall deposit with the Paying
Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying
Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date
by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar
from the City and shall use such funds solely for the purpose of paying the principal of,
redemption premium, if any, and accrued interest on the Bonds being redeemed.
(b) Upon presentation and surrender of any Bond called for redemption at the
Designated Payment/Transfer Office 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.
Section 4.6. Effect of Redemption.
(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.
Section 4.7. Conditional Notice of Redemption.
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.
Section 4.8. Lapse of Payment.
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
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
Section 5.2. Qualifications.
Each Paying Agent/Registrar shall be a commercial bank, a trust company organized

under the laws of the State of Texas, or any other entity duly qualified and legally authorized to
serve as and perform the duties and services of paying agent and registrar for the Bonds.
Section 5.3. Maintaining Paying Agent/Registrar.
(a) At all times while any Bonds are outstanding, the City will maintain a Paying
Agent/Registrar that is qualified under Section 5.2 of this Ordinance.
(b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the
City will promptly appoint a replacement.
Section 5.4. Termination.
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.
Section 5.5. Notice of Change to Owners.
Promptly upon each change in the entity serving as Paying Agent/Registrar, the City will
cause notice of the change to be sent to each Owner by first class United States mail, postage
prepaid, at the address in the Register, stating the effective date of the change and the name and
mailing address of the replacement Paying Agent/Registrar.
Section 5.6. Agreement to Perform Duties and Functions.
By accepting the appointment as Paying Agent/Registrar and executing the Paying

Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the
provisions of this Ordinance and that it will perform the duties and functions of Paying
Agent/Registrar prescribed thereby.
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Section 5.7. Delivery of Records to Successor.
If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the

appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent
books and records relating to the Bonds to the successor Paying Agent/Registrar.
ARTICLE VI
FORM OF THE BONDS
Section 6.1. Form Generally.
(a) The Bonds, the Registration Certificate of the Comptroller of Public Accounts of
the State of Texas, the Certificate of the Paying Agent/Registrar, and the Assignment form to
appear on each of the Bonds, (i) shall be substantially in the form set forth in this Article, with
such appropriate insertions, omissions, substitutions, and other variations as are permitted or
required by this Ordinance, and (ii) may have such letters, numbers, or other marks of
identification (including identifying numbers and letters of the Committee on Uniform Securities
Identification Procedures of the American Bankers Association) and such legends and
endorsements (including any reproduction of an opinion of counsel) thereon as, consistently
herewith, may be determined by the City or by the officers executing such Bonds, as evidenced
by their execution thereof.
(b) Any portion of the text of any Bonds may be set forth on the reverse side thereof,
with an appropriate reference thereto on the face of the Bonds.
(c) The definitive Bonds shall be typewritten, printed, lithographed, or engraved, and
may be produced by any combination of these methods or produced in any other similar manner,
all as determined by the officers executing such Bonds, as evidenced by their execution thereof.
(d) The Initial Bond submitted to the Attorney General of the State of Texas may be
typewritten and photocopied or otherwise reproduced.
Section 6.2. Form of the Bonds.
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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(a) Form of Bond.
REGISTERED REGISTERED
No. __________ $__________
United States of America
State of Texas
County of Dallas
HOTEL OCCUPANCY TAX REVENUE BOND
TAXABLE SERIES 2010
DELIVERY DATE: STATED MATURITY DATE:
_____________, 2010 August 15, 2029
The City of Irving (the “City”), Dallas County, State of Texas, for value received, hereby
promises to pay to
Bank of America N.A.
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
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.
Interest shall be payable on February 15 and August 15 of each year, commencing on

August 15, 2010, until the earlier of maturity or prior redemption. Interest shall be calculated on
the basis of a 365 or 366-day year for the actual number of days elapsed. Principal shall be
payable on August 15 of each year, commencing on August 15, 2010.
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
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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Term Bond Maturing August 15, 2029
Redemption Date Principal Amount
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
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.
Attest: City of Irving, Texas
___________________________________ ___________________________________
City Secretary Mayor
(b) Form of Comptroller’s Registration Certificate.
The following Comptroller’s Registration Certificate may be deleted from the definitive
Bonds if such Certificate on the Initial Bond is fully executed.
OFFICE OF THE COMPTROLLER §

OF PUBLIC ACCOUNTS § REGISTER NO. _____________
OF THE STATE OF TEXAS §
I hereby certify that there is on file and of record in my office a certificate of the Attorney
General of the State of Texas to the effect that this Bond has been examined by him as required
by law, that he finds that it has been issued in conformity with the Constitution and laws of the
State of Texas, and that it is a valid and binding obligation of the City of Irving, Texas, and that
this Bond has this day been registered by me.
Witness my hand and seal of office at Austin, Texas, _______________.
___________________________________
Comptroller of Public Accounts
of the State of Texas
[SEAL]
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(c) Form of Certificate of Paying Agent/Registrar.
The following Certificate of Paying Agent/Registrar may be deleted from the Initial Bond
if the executed Comptroller’s Registration Certificate appears thereon.
CERTIFICATE OF PAYING AGENT/REGISTRAR
The records of the Paying Agent/Registrar show that the Initial Bond of this series of
bonds was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas, and that this is one of the Bonds referred
to in the within mentioned Ordinance.
WELLS FARGO BANK, NATIONAL

ASSOCIATION,
as Paying Agent/Registrar
Dated: __________________________ By: ______________________________

Authorized Signatory
(d) Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or
typewrite name, address and Zip Code of transferee): __________________________________
_____________________________________________________________________________
_____________________________________________________________________________
(Social Security or other identifying number: ____________________) the within Bond and all
rights hereunder and hereby irrevocably constitutes and appoints ____________________
attorney to transfer the within Bond on the books kept for registration hereof, with full power of
substitution in the premises.
Dated: ____________________________ NOTICE: The signature on this Assignment

must correspond with the name of the
Signature Guaranteed By: registered owner as it appears on the face of
the within Bond in every particular and must
___________________________________ be guaranteed in a manner acceptable to the
Authorized Signatory Paying Agent/Registrar.
(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”;
(ii) the Initial Bond shall be numbered T-1.
Section 6.3. CUSIP Registration.
The City may secure identification numbers through the CUSIP Service Bureau Division
of Standard & Poor’s Corporation, New York, New York, and may authorize the printing of such
numbers on the face of the Bonds. It is expressly provided, however, that the presence or
absence of CUSIP numbers on the Bonds shall be of no significance or effect as regards the
legality thereof and neither the City nor the attorneys approving said Bonds as to legality are to
be held responsible for CUSIP numbers incorrectly printed on the Bonds.
Section 6.4. Legal Opinion.
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.
Section 6.5. Statement of Insurance.
A statement relating to a municipal bond insurance policy, if any, to be issued for the
Bonds may be printed on or attached to each Bond.
ARTICLE VII
CONCERNING THE TRUSTEE
Section 7.1. Appointment; Acceptance of Trust and Performance Thereof.
(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.
(b) All notices or other instruments required by this Ordinance to be delivered in

writing to the Trustee, in order to be effective, must be delivered at the address for notices to the
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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
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,
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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Section 7.3. Trustee Not Responsible for Ordinance Statements, Validity.
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
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 Trustee makes no representation or warranty, express or implied, as to the title,

value, design, compliance with specifications or legal requirements, quality, operation, condition,
merchantability or fitness for any particular purpose for the use contemplated by the City or the
Tenant of the Project. In no event shall the Trustee be liable for incidental, indirect, special or
consequential damages in connection with or arising from this Ordinance for the existence,
furnishing or use of the Project.
Section 7.4. Limits on Duties and Liabilities of Trustee.
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.
Section 7.5. Money Held in Trust.
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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Section 7.6. Costs for Maintenance of Suit; Indemnification.
(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
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.
Section 7.7. Intervention in Judicial Proceedings.
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.
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.
Section 7.9. Compensation of Trustee.
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).
Section 7.10. Trustee May Hold Bonds.
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.
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.
Section 7.12. Removal of Trustee.
(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.
Section 7.13. Appointment of Successor Trustee.
(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
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.
Section 7.14. Merger of Trustee.
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.
Section 7.15. Transfer of Rights and Property to Successor Trustee.
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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Section 7.16. Survival of Rights.
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
its removal or resignation and the final payment, defeasance or discharge of the Parity Bonds and
the termination of the lien of this Ordinance.
Section 7.17. Appointment of a Co-Trustee.
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.
ARTICLE VIII
SALE AND DELIVERY OF BONDS, DEPOSIT OF PROCEEDS
Section 8.1. Sale of Bonds.
(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.
Section 8.2. Creation of Funds.
(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:
(i) Venue Hotel Occupancy Tax Fund;
(ii) Debt Service Fund;
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(iii) Reserve Fund;
(iv) Project Fund;
(v) Costs of Issuance Fund;
(vi) Administrative Expense Fund;
(vii) Subordinate Lien Bond Fund; and
(viii) Maintenance and Operations Fund.
(c) Flow of Funds of the Venue Hotel Tax.
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;
Fifth, to the Administrative Expenses Fund in an amount necessary to pay the

Administrative Expenses, on a quarterly basis, of which the City has received 30-day actual
notice;
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.
Section 8.3. Chapter 351 Hotel Occupancy Tax Fund.
(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
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.
Section 8.4. Venue Hotel Occupancy Tax Fund.
(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
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
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.
Section 8.5. Debt Service Fund.
(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).
Section 8.6. Reserve Fund.
(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.
Section 8.7. Maintenance and Operations 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
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.
Section 8.8. Project Fund.
(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.
Section 8.9. Costs of Issuance 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.
Section 8.10. Administrative Expenses 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.
(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.
Section 8.11. Security of Funds.
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.
Section 8.12. Deposit of Proceeds.
(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.
Section 8.13. Investments.
(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.
(b) Except as otherwise provided in this Ordinance, obligations purchased as an

investment of moneys in any fund or account or subaccount created in or confirmed by this
Ordinance shall be deemed at all times to be a part of such fund or account and, except to the
extent otherwise provided in this Ordinance, the income or interest earned, profits realized or
losses suffered by a fund or account due to the investment thereof shall be retained in, credited or
charged, as the case may be, to such fund or account
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Section 8.14. Control and Delivery of Bonds.
(a) The Mayor of the City is hereby authorized to have control of the Initial Bond and
all necessary records and proceedings pertaining thereto pending investigation, examination and
approval of the Attorney General of the State of Texas, registration by the Comptroller of Public
Accounts of the State 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
Section 9.1. 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.
Section 9.2. Investment Income.
Interest and income derived from investment of any fund created by this Ordinance shall
be credited to such Fund.
ARTICLE X
ADDITIONAL BONDS
Section 10.1. No Prior Lien 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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Section 10.2. Refunding Bonds.
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
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.
Section 10.5. Parity Certificates.
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
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 11.1. Payment of the Bonds.
On or before each Interest Payment Date for the Bonds and while any of the Bonds are
outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the
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.
Section 11.2. Other Representations and Covenants.
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
DEFAULT AND REMEDIES
Section 12.1. Events of Default.
Each of the following occurrences or events for the purpose of this Ordinance is hereby
declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the
Bonds when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant,

agreement or obligation of the City, which default materially and adversely affects the
rights of the Owners, including but not limited to, their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of 30 days after
notice of such default is given by any Owner to the City.
(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.
Section 12.2. Remedies for Default.
(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);
(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.
Section 12.3. Restriction on Owner’s Action.
(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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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,
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.
Section 12.4. Effect of Waiver.
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.
Section 12.5. Evidence of Ownership of Bonds.
(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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(b) Except as otherwise provided in Section 12.4 with respect to revocation of a

consent, any request or consent by a Owner of Parity Bonds shall bind all future Owners of the
same Parity Bonds in respect of anything done or suffered to be done by the City, the Trustee or
the Paying Agent/Registrar in accordance therewith.
Section 12.6. Remedies Not Exclusive.
(a) No remedy herein conferred or reserved is intended to be exclusive of any other

available remedy or remedies, but each and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or under the Bonds or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of this
Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a
remedy under this Ordinance.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
ARTICLE XIII
AMENDMENTS OF ORDINANCE
Section 13.1. Limitations on Modifications.
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.
Section 13.2. Powers of Amendment.
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.
Section 13.3. Consent of Owners.
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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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
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.
Section 13.4. Mailing of Notice.
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.
Section 13.5. Amendments by Unanimous Consent.
Subject to any limitations contained or rights reserved in an amendment to this

Ordinance, the rights and obligations of the City, and the Owners of each of the Parity Bonds,
and the terms and provisions of this Ordinance may be modified or amended in any respect upon
the adoption of an amendment to this Ordinance by the City with the consent of all Owners of
each of the Parity Bonds Outstanding, such consent to be given as provided in Section 13.4.
Section 13.6. Exclusion of Bonds.
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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ARTICLE XIV
DISCHARGE
Section 14.1. Discharge.
The Bonds may be defeased, discharged or refunded in any manner permitted by

applicable law.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.1. Notices.
Any notice, request, demand, communication or other paper hereunder shall be

sufficiently given and shall be deemed given to the respective party when addressed and actually
delivered, as follows:
To the City: City of Irving, City Hall

825 Irving Blvd.
Irving, Texas 75060
Attention: City Manager
With copies to: Vinson & Elkins L.L.P.

2001 Ross Avenue, Suite 3700
Dallas, Texas 75201
Attn: Robert R. Collins III
To the Trustee: Wells Fargo Bank, National Association

Corporate Trust
201 Main Street, Suite 301
Fort Worth, Texas 76102
Attn: Cheri Whitford
To the Purchaser: Bank of America, N.A.

901 Main Street, 67th Floor
Dallas, Texas 75283-1402
Attention: Tim Madison
Telephone: (214) 209-4242
Telecopy: (214) 209-9560
Each party may designate further or different addresses to which subsequent notices, certificates
or other communications shall be sent.
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Section 15.2. Conflicts.
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.
- 54 -
233316v.3 IRV450/71021
Packet Pg. 182
16.a
APPROVED AND ADOPTED this __________ day of _______________, 2010.
___________________________________
Mayor, City of Irving, Texas
ATTEST:
___________________________________
City Secretary
City of Irving, Texas
___________________________________
City Attorney
Signature Page for Ordinance

233316v.3 IRV450/71021
Packet Pg. 183
16.a
TRUSTEE’S ACCEPTANCE OF TRUST AND DUTIES
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
hereunder, but only upon and subject to the express terms and conditions herein.
Dated: __________________- WELLS FARGO BANK, NATIONAL

ASSOCIATION, as Trustee
By: _____________________________
Title: _____________________________
A-1
233316v.3 IRV450/71021
Packet Pg. 184
17
AGENDA ITEM SUMMARY

Ordinance -- Final Reading - Amending Chapter 52 Entitled "Water and

Sewer Rates" of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates;
Providing for a New Maximum Monthly Service Charge; Providing an
Effective Date; and Providing a Severability Clause
2. Impact: The projected revenue collection under proposed rates will provide enough
to fund projected revenue requirements, including operating expenses and debt
service payments.
3. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
4. As a result of elevated rainfall thus far this fiscal year, projections indicate that we
will not have sufficient cash balances at the end of the fiscal year to meet cash
requirements. Projections further indicate that operating revenue will be below
budget resulting in our not meeting average and maximum debt coverage goals of
1.75% and 1.50% respectively. In order to mitigate this situation and meet
commitments made to rating agencies, staff recommends a 5% adjustment to both
water and sewer rates. Without such adjustments, the general fund will again be
forced to support the water and sewer system fund at a time when this is not
feasible.
Recommendation
Contract Required: No Review Completed By:
Previous Action: 2009-9109 Council Action: 9/3/2009 - Withdrawn No Vote

NONE
Prepared: 12/29/2009 12:38 PM by Winnie Hunter
Last Updated: 1/28/2010 10:34 AM by Winnie Hunter
Packet Pg. 185

17
ORDINANCE NO. ORD-2010-9152
AN ORDINANCE AMENDING CHAPTER 52 ENTITLED “WATER AND SEWER RATES” OF

THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS,
PROVIDING FOR NEW MONTHLY WATER AND SEWER RATES AND FOR CHARGES FOR
KITCHEN GREASE COLLECTION BAGS SOLD BY CITY; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
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:
Sec. 52-1. Monthly water rates.
The following monthly rates are hereby established and shall be collected for water services
furnished through the facilities of the City of Irving:
(a) Monthly service charge.
The following monthly service charges, based on meter size, include the first 3,000 gallons of
consumption:
5/8” meter ..................................................................................................... $ 8.39

3/4” meter ..................................................................................................... 8.39
1” meter ........................................................................................................ 10.17
1 1/2" meter .................................................................................................. 14.27
2” meter ........................................................................................................ 20.13
3” meter ........................................................................................................ 32.41
4” meter ........................................................................................................ 45.38
6” meter ........................................................................................................ 79.38
8” meter ........................................................................................................ 100.26
10” meter ...................................................................................................... 145.73
12” meter ...................................................................................................... 217.00
(b) Monthly usage charge.
(1) Residential water rates:
Next 7,000 gallons of water, per 1,000 gallons ......................................... $ 3.44

Next 10,000 gallons of water, per 1,000 gallons ......................................... 3.62
-1-
Packet Pg. 186
17
All over 20,000 gallons:

October—May consumption, per 1,000 gallons ........................................ $ 3.77
June—September consumption, per 1,000 gallons....................................... 4.10
(2) Apartment water rates:

(3) Commercial water rates:

(4) Large industrial water rates:

All over 3,000 gallons of water, per 1,000 gallons...................................... $ 3.23
(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:
-2-
Packet Pg. 187
17
Sec. 52-3. Monthly sewer rates.
The following monthly rates are hereby established and shall be collected for sewerage services
furnished by the City of Irving:
(a) Residential User Charge:1

Monthly service charge ................................................................................ $ 4.88
Over 2,000 gallons, per 1,000 gallons........................................................... 2.67
In addition to the monthly service charge per meter, a master-metered residential service
location shall pay an amount equal to one minimum monthly service charge for sewer service
for each dwelling unit.
New Residential Customer:

The maximum bill shall not exceed $35.00 per month for single-family residential service
locations until a three-month average has been established as described in section 52-5.
(b) Commercial User Charge:1

Monthly service charge .............................................................................. $25.35
Over 10,000 gallons, per 1,000 gallons......................................................... 2.78
(c) Industrial User Charge:2
Monthly service charge ............................................................................... $38.04
Over 15,000 gallons, per 1,000 gallons......................................................... 2.78
1
Sewer charges for each year shall be computed on the basis of the average monthly metered
water consumption for January, February, and March of each year as reflected in the bills
received by customers for the months of February, March, and April. Reading dates for
these periods being approximately January 16 through April 15 varying year to year as
actual water billing cycles occur.
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:
-3-
Packet Pg. 188
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
first reading on January 14, 2010.
________________________________
HERBERT A. GEARS
MAYOR
second and final reading on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
___________________________
City Secretary
___________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 189
18
AGENDA ITEM SUMMARY

Ordinance -- Final Reading - Amending Section 34A-180 of Chapter 34A

Entitled "Right-Of-Way Management" of the Code of Civil and Criminal
Ordinances of the City of Irving, Texas, Providing for Franchise Fees on
Water, Sanitary Sewer, and Refuse Pickup Service; Providing an Effective
Date; and Providing a Severability Clause.
2. Impact: A 2% increase in the franchise fee will be below or equal to comparable
franchise fees charged by benchmark cities. The additional revenue is necessary
to fund needed infrastructure replacements.
3. Additional revenue generated by this ordinance will be dedicated to the repair and
replacement of neighborhood streets, sidewalks, and drainage disrupted by the
repair and replacement of water and sewer lines.
Recommendation
Contract Required: None Review Completed By:
Previous Action: Council Action:
.

NONE
Prepared: 12/30/2009 10:50 AM by Winnie Hunter
Last Updated: 1/28/2010 10:28 AM by Winnie Hunter
Packet Pg. 190

18
ORDINANCE NO. ORD-2010-9153
AN ORDINANCE AMENDING SECTION 34A-180 OF CHAPTER 34A ENTITLED “RIGHT-OF-

WAY MANAGEMENT” OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE
CITY OF IRVING, TEXAS, PROVIDING FOR FRANCHISE FEES ON WATER, SANTITARY
SEWER, DRAINAGE, AND REFUSE PICKUP SERVICE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
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:
Sec. 34A-180. Franchise fees.
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.
first reading on January 14, 2010.
________________________________
HERBERT A. GEARS
MAYOR
-1-
Packet Pg. 191
18
second and final reading on February 4, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
___________________________
City Secretary
___________________________
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
Packet Pg. 193

Attachment: ZoningCases&CompanionItems (3205 : ZCases&CompItems)
19
AGENDA ITEM SUMMARY

Recommending Department: Planning & Inspections LSR No: N/A
Resolution -- Approving Special Sign Permit No. S0909-0033 to Install a

Digital Sign Located at 208 South Story Road - Terry Waldrum, Applicant
Representing Gracepointe Church, Owner
2. Impact: This special sign permit will enhance the signage on Story Road and
improve the aesthetics of the City of Irving.
3. The applicant requests approval to install a digital monument sign. The sign will be
two feet from the property line, and will be encased in a stone veneer. The sign
complies with all requirements of the sign ordinance except for the inclusion of the
digital message screen, which requires City Council approval.
Recommendation
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)

NONE
Prepared: 12/29/2009 10:54 AM by Sharon Brown
Packet Pg. 194

19
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;

IRVING, TEXAS:
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.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 195

Page 1 of 1 19.a
EXHIBIT A
Selected TAX: OW ERSHrr Fealure
l)CA)) lD - - - - - - - - 3 :26085 IOOAOO I0000
ACCOUNT CATEGORY AND ACCOUNT
RECORD TYPE
OWNER NAME H R HOf(jOD
OWNt:R ADDRESS UNE I
OWNER ADDRESS LINE 2 2109 ROLSTO I RD
O\\'NER ADI>RESS U~E J RVI 'GTX
OWNER ADDRESS LL'IE 4
OW~~~R ZII>CODE
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
Packet Pg. 196

bttp:llsrvch-gisapp 1IfreeancelC 1ientlPubljcAccess 11 rintFGr'-f'an~~le'-'.!.h'.!.!td.!mJ..!l --,-~.L..W..""""'-
race pointe church
•
ft.
872· _1511-1D38
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Packet Pg. 197
Attachment: B: RES "Exhibit A" (Proposed Sign) (3178 : 11 APR Special Sign Permit: 208 S. Story Rd.)
19.c
t ', , .... "

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ARCHITEcrurH
lC"~ .........,.. ,"'C"lie'
Attachment: C: Site Plan (3178 : 11 APR Special Sign Permit: 208 S. Story Rd.)
(
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GRACE POINTE
CHURCH
,00 "OL>'UN IlQW

1ll\1i'/G, ruo5 7~060
NO' FOR
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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Surrounding Zoning Map

Sign Variance
City of Irving ~N
DeAD Parcel 3260851 OOA001 0000 ___====:::1' fee~
:':l' (ClJ
Packet Pg. 199

City of Irving
N
,6
19.e
Packet Pg. 200
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,
ADDRESS OF PROPOSED S[GN_ _·==;)::....::(\_~"--~S'-'--._S'",·-,.I-",.c"'t'--"R"d"-- _
LEGAL DESCRIPTION ~ OU biG

,( . 1
€srB-tts \\0, d---- . QVERLA Y D1STRICT--''''''O'--_ _
OWNER OF BUS[NESS _-'G=~J:8,,(''-.J£O', i"p1.!Q';J'rI"r-<'[L'--'-(\:.I.HlJl"A",f("'('!I~_PHONE _

OWNE.-S ADDRESS_~!J.",."O-,,-(--,6,c·~, --0,c1ll.=tl'7(JIf-------------
PROPERTY OWNER. ~~gJ:a1!m=fLi ,PHONE _
PROPERTY OWNER'S ADDRESS, -',-'S!Jf!L1j01=£L) ~_ _ : _ : _ - -
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.
REQUESTED SETBACK (BiliooilJdlPoleIMonument Sign) 5' OVERALL HT OF SIGN 9(,1/

OVERALL SIZE OF PROPOSED SIGN 33 .83~;f:j. ft. IS SIGN ALREADY INSTALLED? /vh
*VARlANCE APPLICATION WILL NOT BE ACCEPTED IF SIGN HAS AL.Rf.ADY BEEN INSTALLED*
"$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
~~- / /JJD
c(7 2-(.)(.," 70
EMAIL ADDRESS W gL) 'J'l.\ n.s' LH~NUMBER cr 72 - 2')I--- i.J1Gll

Application shall be submitted alangwilh 3 sets ofproposedsign graphics (before and after),
sign details, site plan, design elements that wiJJ improve the appearance or effect ofthe sign,
and, if applicable. electrical and engineered structural plans.
••••""."."."""."."""""""""""""""""""""""""""""""""""".""."••"•••• ".fl~""".,,""
Ciryojlrvi"guseo"/y: 1t:'/'I
Cl!Se # 30 qO<j ~ 00.33 Fee Amount $ . : l J
CJO
1\ L IOZ/
Type of PaymentUl....
~.
Receipt # _
Applicable code sections: ~t~It~A.cp~n~EJ?,~_~1_.-=- - - ;----

R,,,;,,d By_--.----,--,-=----,-__M~_,D",_----'-1--'-23=-""0-19 _
VflJ..w.. !/'/~· 61>
Packet Pg. 201
20
AGENDA ITEM SUMMARY

Resolution -- Approving Special Sign Permit No. S0912-0036 to Install Two

Digital Signs Located at 4243 West Pioneer Drive - Lucky Texan LLC,
Applicant/Owner
2. Impact: This special sign permit will enhance the signage on Esters Road and West
Pioneer Drive, and improve the aesthetics of the City of Irving.
3. The applicant is constructing a new convenience store at the northeast corner of
Esters Road and West Pioneer Drive, with the main building facing south. The
applicant seeks approval for two digital monument signs; one facing Esters Road,
and the other facing West Pioneer Drive. The two signs will each be encased in a
brick masonry façade that matches the main building. The signs comply with all
requirements of the sign ordinance except for the inclusion of the digital message
screens, which require City Council approval.
5. Section 7-3.1 authorizes the City Council to grant a special sign permit for digital
signs.
Recommendation
ATTACHMENTS:
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)
Packet Pg. 202

20

NONE
Prepared: 12/28/2009 02:08 PM by Sharon Brown
Packet Pg. 203

20
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
ameliorate the effects of the digital images;

IRVING, TEXAS:
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
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 204

20.a
Page 1 of 1
EXHIBIT A
ScJcc!('d TAX: O\\, 'E SHLP Feature

DCAD ID 325649200A0030000
ACCOUNT CATEGORY l.ANDA COU NT
RECORD TYPE ~
OWNER NAME I PARTNI::RS LTD

OW'i'ER ADDRESS LINE I
OWNER ADDRESS LINE 2 PO BOX 7400%
OWNER ADDRESS LINE 3 DALLAS TX
OWNER ADDRESS LINE 4
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
Packet Pg. 205

htlu:LLsrycll:.R1S.aDO lLfr..e..e.an..ceLCli!lli1LElLbJLcAcces_sl/nrintFrame.htJDJ
20.b
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
_ _ _ _....>L~~ White stone matches
18" :::::=:======.:.:;:-~' white stone om the

mal n bui Idfng
LED number signs
60" 7.5'
12"1 l-... ~----~~~-----~_- -------=~--

~I--f. _ _
Stucco base matches
stucco on rna'in
bUilding
11'
Landscaping at a t 1 ratio shall be
provided around the base of the
sign, and shall include seasonal
fiowers and ornamental grasses,
Packet Pg. 206

20.c
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
White stone ma.tches

white stone on the
main building
LED number signs
60" 9'
24"1 Stucco base matches

-;-.......---- stucco on main
building
11' Landscaping at a 1: 1 ratio shall be

provi ded around the base of the
sign, and shall inClude seasonal
flowers and ornamental grasses.
Packet Pg. 207
20.d
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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"
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Attachment: F: Elevation Map 1 (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
~
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RETAINI/ WA~ ill

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NOTE: CAN NOT BE SHOW ANY MAIN ROAD IN THIS ELEVA 1100 BECAUSE
VlEW IS TAKEN FRDM THE ESTERS ROAD
ELEVATION B
Packet Pg. 210

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Attachment: G: Elevation Map 2 (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
..
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>J.[W IS TAKEH l'Rot.l THE WEST PlOHE£R DRIVE.
ELEVATION D
RETAINING WALL
SIGN
WEST PIONEER
r
DRIVE
_-_--~ =_========:=======,,=c=====:=:~:"~=C;;.' ;;;;:'OO:c",T:=;'~'~_ Y
ELEVATION c
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Attachment: H: Site Plan (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
I: . a PARSONS SURI£Y
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IS
Attachment: I: Location Map (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
1950
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Tuesday 2~h of o.cemoo1 2009 09:22:51 AM
City of Irving 6
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Packet Pg. 213

City of Irving
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Attachment: J: Aerial Photo (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
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IRVING
.:S 0 ~ 12. - 003 b
APPLICATION FOR A SIGN VARlANCE OR($"PECIAL SIG>j PERM:::JJ>
Attachment: K: Special Sign Permit Application (3173 : 11 APR Sign Permit: 4243 West Pioneer Drive)
PLANNING & iNSPECTIONS DEPARTMENT
DATE 1"121(7.-0 "'j
NAME OE BUSINESS L. Vi'.'"CK"-.:/y,-I-,-",,·z='1-,-Vo,--,-l=L-,-C,,-- ---c --'#-I'f"I"'O"O'-_----c=_
ADDRESS OF PROPOSEf) SIGN ~1 H?> VJ ')1.- '7 ,; -,-'"OlC lLlC__D"~~v,,,-',_''-~_~'''i'".-'vC';'_n''lj'--LI"I,Y 757J Iv {
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LEGAL DESCRIPnON, ---~-cc----~------- OVERLAY DISnUCT _
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
PROPERTYOWNFR'SA[)nRESS l.1 b!-f '7 Lv' ~~lbn(ev 'D (,_{_t~@fI- _

BRlEFL 'r ~ESCRlBE REASON/~_REQlIFSTlNG A VARJA\lCE/SPEC1AL SIGN PERMIt L-ti)Py/ (f!
S'1hS ----L,2\--'"ub 1Av-ecl:O' 2IL!-,~ 12 -q 3 'I '6 - R<f ')
~
~'r- 3 nt, . J ,elt £ _2...- '112
.' ". . .
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.
REQUESTED SEIRo\CK (BiJlb(lardiPoleiMonllmtllJ Sigll) I.hJ t- ~ OVERALL H'I OF SIGN CJ e{' L
OVERALL SIZE OF PROPOSED SIGN, _ _ q~.~O"--_~Sq- ft IS SIGN ALREADY INSTALLED? --,O",,0,,--_
·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
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AGENDA ITEM SUMMARY

Resolution -- Approving Special Sign Permit No. S0912-0042 to Install Full

Color LED Digital Sign - Located at 1144 East Irving Boulevard - Alaniz
Auto Ranch, Inc., Applicant - Robert Alaniz, Owner
2. Impact: This special sign permit could enhance the signage on Irving Boulevard
and improve the aesthetics of the City of Irving.
3. The applicant requests approval to install a digital message sign. The sign will be
encased in masonry that matches the building.
4. The proposed sign is nine feet tall and six feet wide, and has a zero foot setback
from the property line.
5. The allowed maximum height for a standard monument sign is seven feet. A
monument sign may go as high as nine feet if the applicant provides all of the
enhancements listed in the ordinance. The applicant has not provided (a) external,
ground-mounted lighting, or (b) the required landscaping (24.75 square feet) at the
base of the sign. Accordingly, staff cannot support the height of the sign as
presented.
6. Staff can support this request, provided that the sign is seven feet tall, including a
two-foot tall base that is seven feet wide. The net impact is a reduction in the
display area of the sign by approximately eight square feet, while improving the
proportionality of the sign relative to the building.
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.
ATTACHMENTS:
D: Site Plan (PDF)
E: Location Map (PDF)
F: Aerial Photo (PDF)
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G: Special Sign Permit Application (PDF)

NONE
Last Updated: 1/29/2010 12:16 PM by Steven Reed
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CITY OF IRVING
WHEREAS, the owner of the premises located at 1144 East Irving Boulevard has applied for a

IRVING, TEXAS:
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.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Page 1 of 1
EXHIBIT A
Sdected T,\:'(; OW"'EKSHIP ~'n(ure
DCAD ID
MTOL:-lT CATEGORV LAND ACCOUNT
RECORD TVPE
OWI'iER NAME AGNER RO~ERT E&
gWJliER ADDRESS L1J1iE I DARLENE S
OW:-lER ADDRESS USE 2 700 KOSSTRE CT
OW:"IlER ADDRESS LI:-lI: ., TRVli'OG TX
{lWNER ZIPCODE 750612361
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
Packet Pg. 219

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Caststone Cap _ _ _ _ ..sIGN SPECIFICATIONS..
---
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
9' ALL SIGNS ARE ® LISTED
Caststone Cap
, 8"
Packet Pg. 220

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Attachment: D: Site Plan (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
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PROP8RTY liNE
LOCATIO!'!: 1144 E.. IRVING BLVD.. a~VING, TX 75060

CUSTOMER APPROVAL:
Packet Pg. 221

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Attachment: E: Location Map (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
1102
113
, !
Tunday 29th 01 December 2009 09:30:21 Alii
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
Packet Pg. 222

City of Irving
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Attachment: F: Aerial Photo (3167 : 11 APR Sign Permit: 1144 E. Irving Blvd.)
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IRVING
®
APPLICATION FOR A SIGN VARIANCE OR&ECIAL SIGN PERMID

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"""-'' -',.... _
ADDRESS OF PROPOS' D SIGI ._----'\'-\_'-.:-'\_'-!~\_-,C",_--,T:=.r..yv",-,-,:~,-s",-_Jl., (J/
..........\-",-v... ..L.:...<,-,v",-~,-,f'...:..S."'-\---'-_L't _ _'l-,--=~Ov 0
LEGAL DESCRIPTION _· OVERLAY DISTRICT _
OWNER OF BUSINESS ~.QlY. ./ \ AIArV .1.. PHONE ("-\,,)"1..- ")'1Q, - \ '1 ".) \
OWNER'S ADDRESS 'L'IOQ L.,o.\4(ou( ~cJA.r \--\.\\ '"TIC "\<)\OL\
PROPERTY OWNER -"'<;;.r.,,--"'~"'--..;;...... PHONE. _
PROPERTY OW1'{ER'S ADDRESS_ _S..o:.:...r..,.:...~.:...;:.;~ _
BRIEFl. Y DESCRIBE REASON FOR REQUESTING A VARIANCE/SPECIAL SIGN I'ERMJT _
&t( CU(DY Let)

TYPE OF SIGN <Polc. Monument. Wall, Muml, Digital. Billboard. ClC.) ~o-t.. v ~a f-
WALL HEIGHT (Wall Sign Only) 11,. WALL LENGTII (Wall Sign Only) 't
REQUESTED SETBACK (BiJlboard/Pole/Monumcllt Sign) _ _-"O~ OVERALL HT. OF SIGN -_~f-7_1 _
OVERALL SIZE OF PROPOSED SIGN _ -Z~:;2-

_ _sq. ft. IS SIGN ALREADY INSTALLEm ()Q
·VARIANCE AI'l'L1CATION WILL NOT BE ACCEPTED IF SIGN HAS ALREADY BEEN INSTALLEn·
*$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.
~.....:!!====;~~~~~==-----::,.,----r-,---_PI·IONE '-/6?- ~f,f-&5"7

T ,: u·1-1
EMAIL ADDRESS--=~=- ...L-_-=-----"",-"-:::..;;..~---,-,,,,-,,,~F 'NUMBER. _
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
Applicable code sections: _
Received By Dalc _
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AGENDA ITEM SUMMARY

Resolution -- Requesting Sign Variance Case No. S0912-0015 Located at

7403 North Macarthur Boulevard -Yogurt Zone, Applicant - Franco Chang,
Owner
2. Impact: This sign variance will enhance the signage for a business on North
MacArthur Blvd. by improving the visibility within the shopping center without any
negative impacts on MacArthur Blvd.
3. The applicant requests approval to install a 61.25 square foot wall sign on the west
elevation, which is not the front façade.
4. Section 7-3 (14) of the City of Irving Land Development Code states that wall signs
shall be located only on the front façade. Section 7-1 defines “front façade” as a
face of the building which faces a public street; or where no building façade faces a
public street, the façade which contains the door open to the public during business
hours.
5. Section 7-22 of the Land Development Code authorizes the City Council to grant a
variance to the area regulations.
6. Since the proposed signage is compatible with the existing signage in the shopping
center, and since the proposed signage does not directly face MacArthur Boulevard
or Kinwest Parkway, staff can support this request.
Recommendation
ATTACHMENTS:
B: Proposed Sign (PDF)
C: Location Map (PDF)
D: Aerial Photo (PDF)
E: Sign Variance Application (PDF)
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NONE
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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;

IRVING, TEXAS:
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.
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________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
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Page 1 of 1
EXHIBIT A
SelecterJ TAX: O\'t':'IiERSHIP Fealllrl'
~
DeAD ID '22?78300AOO30000
ACCOUNT CATEGORY LAND ACCOUNT
RECORD TYPE
OWNER NAME MREIT MACARTHUR PARK LP
OWNER ADDRESS LINE I

OWNER ADDRESS LINE 2 _~GREENWAYPLZSTE ioon
OWNER ADDRESS LINE 3 ----lIIOlJSTON TX
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
Packet Pg. 229

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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 / sysigns@hotmail.com
*YOGURTZONE
7403 N. Mac Arthur Blvd.
*lIIuminated individual channel/etters on wireway.
*West elevation
BOdy
~
lomlleooll
LED Ii an! mOdule
1.1<'
1rlm & Foce
Powellll1e/ ~ Power 'UDDlv

"'Alum boc~ olole( 1/6')
WI",woy
Wall
24'
Faces: White plexiglass w/oracal 8800 translucent vinyl cover
Trim: 1" Dark bronze jewellite[match with body color)
Body: 5" Dark bronze aluminum
LED: US LED white (2L 1M)
Power supply: Advanced LED power supply [120v 3amp)
Wireway: 2"* 18"* 17' match the facial color
"No detached monument or pole signs will be perm,iHed for this business
es1iabl!ishment."
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Attachment: C: Location Map (3145 : 11 APR Sign Variance - 7403 N. MacArthur Blvd.)
e-c.
11
I--------.---C-e
~ ...
Zoning Case City of Irving ~N
No. ZC09-7403 N MacArthur Blvd I F:e:d
ate. De,," 10S 2JOO9 0 100 200
-
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City of Irving
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Attachment: D: Aerial Photo (3145 : 11 APR Sign Variance - 7403 N. MacArthur Blvd.)
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®
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 _
OWNER OF BUSINESS ~ tt> ~ PHONE_._;- r.-",---

OWNERSAODRESS 1f?i,J
b4driNvdI>lvd 4/JIJ ~L~> If 1p tj
--1~ tZE:17 _
PROPFRTY Oy,.'NLR _ _ c;- _ PHONE,_ _
rROP[RTYOWNFKS ADDR~SS -74D'2, __ IV Me. cIt .[~ BIv) J v" ~ I
BRILfLY DESCRIBE RE.4S0N FOR REQUESTING A V.A.RIANCE/SPlCIAI SIGN PERMIT_-,- _
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.
APPI.ICANrSSluNATlJRE-,I1"L-'''f'f -"'-''-''7''-}----cc-;- PHONE 2- 1,YJ- 7'11-9/J'j

EMAIL AOORESSJ-=.L(,6~eJ.::,:;c~J..-b'l-'Jj(i)'£f!.4tJq~~1¥}?l.~7 _
Applicufion .~hall he .whmilfed along with 3 set., ofproposed sign graphics (bt!fore and after),
sign details, site plan. design elements thaI will improve the appearance or effecl afthe sign,
and. if applicahfe. deClrlcal and engineered .I'1ructural plans
Or)' of Ir"'ng II.'" 0I11y: 7 ~O r< 0 J/ a J (l

I .L---.JJ
Case;< Fee Amllunl $ ...) ,Type "rp<lymcnt~ «...... . Reccipl # _
Applicabk code scclions:
Received 13y _ DaIC _
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23
AGENDA ITEM SUMMARY

Resolution -- Approving Special Sign Permit No. S0912-0049 to Install a

Digital Sign Located at 5151 Regent Boulevard - Universal Technical
Institute, Applicant/Owner
2. Impact: This special sign permit will enhance the signage on Interstate Highway
635 and improve the aesthetics of the City of Irving.
3. The applicant requests approval for a digital message sign on a 15-foot tall
monument sign. The sign will be 15 feet from the property line along Interstate
Highway 635, and will be encased in masonry with landscaping at the base. The
sign complies with all requirements of the sign ordinance except for the inclusion of
the digital message screen, which requires City Council approval.
Recommendation
ATTACHMENTS:
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)

NONE
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CITY OF IRVING
WHEREAS, the owner of the premises located at 5151 Regent Boulevard has applied for a

IRVING, TEXAS:
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.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 236

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Page 1 of 1
EXHIBIT A
_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
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
Packet Pg. 237

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Attachment: B: Proposed Sign (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
If L UNIYl.fJIj
UNltl
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AND SURROU ND llllM Pl\JNTED
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IRVING. IX
MAn Wll.SON
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...1 o.t.. u/a2f09
- rA8RK:AT ED CABINET
DATA CABlE lliRtJ CONoun'::]·········..•••

.
[LECTOCAL TIlRtJ CONDUIT

TO CENTER Of lJISl'lAy 10 c[!'Jlm Of DISPlAY - (l) CIRCUIl S
@il",e 4D . . - r ..... lMTH ILl"""""'" MESS"OO curT"

INTlRNALlY FJ\6RtCAUD A.l.UMINUM SIGN CAN IN P"'lNHD
CQNCRrTr rRAMf (TO MATCH BUILDIrt.!G.-.TBO~
~CONCRfrr fRAMf I!'( OTltfR:;;l 3M OUAL COlOR MilSo.222 BLACK 'WIN"vt. T . -
aM 16ao.·:U TI:tANSlUC(NT RlO V1N'tl ·~IIJ.HT
• '2~· THICI<N£S-S AlUMINUM rACts·unUl:S ROIlIED OllT
1M 363()....12'1 rRANSluCfNr Olm: vh'nl - un
CUTrAC(S TOflT QPlNINGW1TI1 r Wlf)[ X 1.'31" O([P AWMINUM
R£V£Al 8(TW([H -SIGN fACE ANO CQNCI:;H( STRUCTUR( :1M ,eoc:~110 Of'AOU( ~T1N AWMlnUM
JlNI5H·I'WnH(WS AC~YlJC PCJ(YUet:nIAf(( (COWRS Tll;D) VIN'n.INS£r 80RDfR.
l':OUJ- OuT SJ-10-rHRU COPY BA.Cll;[ D witt'a ,125' nOl;. ClI.I\R' /!.CJtYUC.
~C"'andler
l060t ,~~ SURFACE VINVl, witI'I:2rw1 SURfAC{ l)ifrtJSUl lLlSlgns
3M DUAl CO~ 36l5·:n2 BlACK VINYl. T LOGO VINYL QUAIL
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Attachment: C: Elevation Drawing (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
1--_~ 8.;..'_-8'
_ _ _ _..:8.;..'-4_'
CONCRin fRAME ,--1H ---ly-CONCRm FRAME

(BY OTHERS) 'IBY OTHERS)
~·--H----·-------'-~_·
_ _ _ WIT" aECTllOM!C MDSAGIi GNn;R

1f4'=l'-O'
INT<RNAl,LY 'FABRICATeD ALUMINUM SIGN CAN IN PAINTED

INTEllNALLY FABRICATED ALUMINUM SIGN CAN IN PAINTED
CONCRETE FRAMt (TO MATCH SUILDIN<;·TSO)

CONCRm FRAME (TO MAlCH BUllDIN<;-TBD)
(CONCREJE FRAME BY OTHERS)

(CONCRETE fRAM! 8Y OTHERS)
. U~· lHICXNESS ALUMINUM FACfS-UlT£RS ROUTED OUT

.125' THICKNESS ALUMINUM FACES·LETTERS ROUTED OUT
CUT FACES TO FIT OPENING WITH " WIDE)(," DEEPS ALUMINUM

CUT FACES TO FllCOPENING WITH '" WIDE)( " DEEPS ALUMINUM
REVEAL SElINEEN SIGN FACE AND CONCRm STlH)C1"URE

REVEAL BETWE.EN, SIGN FACE AND CONCRnE STRUCTURE
FINISH-MATTHEWS ACRYLIC POLYURETHAN (COLORS lBD)

FINISH·MATTHEWS ACRYUIC POLYURETHANE (COLORS TBll)
~ND SURr.tlCE WHITE 7328 ACRYliC BACKER

2ND SURFACE WHiTe 7~~8 ACRYLIC BACKER
LOCO: (ALL SECOND SURfACE APPlIED TO ACRYLIC 8ACKER)

LOGO: (AU SECOND SURFAC~ APPLIED TO ACRYLIC BAC~£Rl
3M DUAL COLOR 3635-222 BLACK VINYL

1M DUAl COLOR 3635·222 BLAC.K V,"VL
3M 3630·n TRANSLUCENT RED VINYL

3M 3630·33 TRANSWCINT R£D V'NYL
3M 3630-'27 TRANS.LUCENT BLUE VINYL

3M 3630·1 i 7 TRANSuJC£NT BLUE VINYL
3M 1BQC-120 OPAQUE SATIN ALUMINUM VINYL DETAILS

3M 180C-120 OPAQUE SATIN ALUMINUM VINYL DETAILS
LETTERS: (.... LL S£COND SURfACE .... PPLlW TO ACRYLIC BACKER)

LETTERS, CALL SKON!) SURFACE APPLlfD TO ACRYLIC IIACKER)
3M DU....L COLOR 3635-222 BLACK VINYL

3M DUAL COLOR 3615-222 IlLACk VINYL
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 ]
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OVERALL Silf 'l'l D

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"NOTE: WATCHFIR£ fQ CUTDOWN SIDES TO CUSTOM Slle
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"MANUFACTURIN<; SURVEY REQUIRED
"MANUFACTURING SURVEY REQUIRED
r=:~Jt '~::'Uo.967-1UJ
Packet Pg. 239

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Attachment: D: Site Plan (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
;"' ·~~o[~Rt;,~~~~~f§J~~fi~;;M:-
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SITE PLAN
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Attachment: E: Location Map (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
9300
4900
5025 5001
Tuesday 29th 01 December 2009 09:37:39 AM
City of Irving 6
N
Packet Pg. 241

City of Irving
N
6
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Packet Pg. 242
Attachment: F: Aerial Photo (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
23.g
IRVING
,---
APPLICATION FOR IGN VARIA SPECIAL SIGN PERMIT
Attachment: G: Sign Variance Application (3168 : 11 APR Sign Variance: 5151 Regent Boulevard)
DATE~_,.
NAME OF RUSINESS ~lNiVf,z-Si1L IE:CittJICI\L ~STI TLCTE.~_
ADDRESS OFPROPOSED SIGN 5\ S I i2. E (j-t", T B Lv~,kv, oJ G-, T>'. 7sc&3
LEGAl. DESCRIPTION l.-OT.1.. f3UCk: A-- J OVERLAY DISTRlCT---:::-_
OV(NER OF BUSINESS JlNI tft-S A L (Eutf.ilC AL .1#)"(1 Ilt fJ(£lNEQf_ MY~'-!1 --r;/p.~LC
OWNER'SADDRESS ,)0'/-10 IJ, 1'(f41'rtKllK2. c,,,,'-k# ;)CO ,;J',e",x, ttz. _ F',,><t,

....=.,+~ e'.;'r !,;'}'Y 4'f,;-C!4iJc,
PROPERTY O\IfN£R S AMI:: PHONE _
PROPERTY OWNER'S ADDRES~ SA-M i==

BRIERY DESCRIBE REASON FOR REQUESTING A VARIANCE/SPECIAL SIGN PERMIT
WU.VE- YfY--"l~":J CC21~..1.i'-.bDY] tVY/t...e. afFYD~-

'!ki';-fuU <l, ~ SI~~1 WI slt'lLd o.iDM~111 63.<;,:. _
TYPE OF SIGN (Pol.:, MOllumenl, W31\, Munll, Digital, Billboard, elC~S¢__._
WALL HEIGIIT (Wall Sign Only) ---- n, WALL LENGTH (Wall Sign Only) ft.
REQUESTED SETBACK (BlllbUll(<I/p~le/Monumcnl Sign) r5 ·Pi . OVERALL HI. OF SIGN _I S '- 0

OVI::RAU. SIZE OF PROPOSED SIGN_ _ I2"P ,q, Q. IS SIGN ALREADY rNSTALLED? tv 0
·VARlANCE APPLICATION WILL :\'OT 8E ACCEPTED 1)1 SIGN HAS ,\LREADY BEE~ INSTALLED·
*$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'
API'UCANT'S SIGNATURE ----:..tl~7.,!z,c;~ --.,." PHONE_m 717-:' 6 ;-' ';.> /

EMAll ADDRESS ',7",'/
i)(!((·tld~· '~('il~l.-lcf&£{'f4~-,.(C..'FAXNUM[JER 7"
~/1-1?'Z- ?~H/.r/
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' _
Rc~i ... ecl By _
Packet Pg. 243

24
AGENDA ITEM SUMMARY

Ordinance -- Zoning Case #ZC09-0066 - Granting S-P-1 (Detailed Site Plan )

for Grocery Store - Approximately 1.7 Acres Located at 912 East Irving
Boulevard (Southwest Corner of Irving Boulevard and Third Street) - ALDI,
Inc., Applicant - SDNarod Enterprises, Owner
2010 - Postpone to February 1, 2010, 8-0 (Commissioner LaRose, absent). The
February 1, 2010 Planning and Zoning Commission recommendation is pending.
3. The Comprehensive Plan’s Future Land Use Map recommends Irving Blvd.
the Comprehensive Plan.
4. This lot is currently developed with a grocery store, which will be demolished if this
loading dock is proposed on the east/west section of Third. The building is to be
5. The applicant is requesting a parking variance of 17%. A retail use requires a
6. The proposed development complies with the landscaping ordinance and the
building complies with the Commercial Design Standards ordinance, with 81% of
the façade 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 façade.
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 windows on two sides.
7. Staff has several concerns with this request: (1) The City has identified Irving Blvd.
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 streetfront more directly with
Packet Pg. 244

24
completed a significant renovation to its façade. As proposed, this development

8. Public notices were sent to sixteen (16) property owners, with none received in
favor and two (2) received in opposition. The opposition represents 15.88% of the
property within 200 feet.
Recommendation
The ordinance be denied.
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)

NONE
-2-
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24
ZONING CASE NO. ZC09-0066

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

ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE NEWTON MARTIN
SURVEY, ABSTRACT NO. 900, AND LOCATED AT 912 EAST IRVING BOULEVARD, MORE
FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING
A CHANGE IN THE USE OF SAID PROPERTY FROM C-C COMMUNITY COMMERCIAL
DISTRICT USE UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN
DISTRICT USE FOR GROCERY STORE UNDER ORDINANCE NO. 1144, AND ACCORDING
TO THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR
SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE; CORRECTING THE
OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN
ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS
ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE
EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
-1-
Packet Pg. 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
BEING A 1.704 ACRE TRACT OF LAND SITUATED IN THE NEWTON MARTIN

SURVEY, ABSTRACT NO 900, CITY OF IRVING, DALLAS COUNTY, TEXAS
AND BEING A PART OF LOTS 21 AND 22 OF IRVING HEIGHTS ADDITION, AN
ADDITION TO THE CITY OF IRVING ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 4, PAGE 431, MAP RECORDS OF DALLAS COUNTY,
TEXAS AND BEING ALL OF THAT CALLED 1.7042 ACRE TRACT OF LAND
DESCRIBED IN DEED TO SDHAROD ENTERPRISES, INC. RECORDED IN
VOLUME 2003085, PAGE 9978, DEED RECORDS OF DALLAS COUNTY TEXAS,
(DRDCT), SAID 1.704 ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
-2-
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BEGINNING AT A 1/2–INCH IRON ROD WITH YELLOW PLASTIC CAP

STAMPED “ARTHUR SURVEYING COMPANY” FOUND AT THE SOUTH END
OF A 20–FOOT CORNER CLIP AT THE INTERSECTION OF THE NORTHERN
RIGHT–OF–WAY LINE OF EAST THIRD STREET, (A CALLED 50–FOOT PUBLIC
RIGHT–OF–WAY RUNNING EAST–WEST), WITH THE WESTERN RIGHT–OF–
WAY LINE OF EAST THIRD STREET, (A CALLED 50–FOOT RIGHT–OF–WAY
RUNNING NORTH–SOUTH) AND BEING THE MOST WESTERLY CORNER OF
THAT CERTAIN 0.005 ACRE TRACT OF LAND DESCRIBED TO THE CITY OF
IRVING IN THE STREET DEED RECORDED IN VOLUME 98231, PAGE 2405,
DRDCT;
THENCE WEST ALONG SAID NORTHERN RIGHT–OF–WAY LINE, A DISTANCE

OF 245.00 FEET TO A 1/2–INCH IRON ROD WITH YELLOW PLASTIC CAP
STAMPED “ARTHUR SURVEYING COMPANY” FOUND FOR THE SOUTHEAST
CORNER OF LOT 1, BLOCK A OF HORTON/ROOSTH ADDITION, AN ADDITION
TO THE CITY OF IRVING ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 2002059, PAGE 1, DRDCT;
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 SOUTH 60°05’00” EAST ALONG SAID SOUTHWESTERLY RIGHT–OF–

WAY LINE, A DISTANCE OF 306.56 FEET TO A P.K. NAIL WITH WASHER
STAMPED “BURY + PARTNERS” SET FOR THE POINT OF INTERSECTION OF
SAID SOUTHWESTERLY RIGHT–OF–WAY LINE WITH THE WESTERN RIGHT–
OF–WAY LINE OF THE AFOREMENTIONED EAST THIRD STREET;
THENCE SOUTH 00°16’00” EAST ALONG SAID WESTERN RIGHT–OF–WAY

LINE, A DISTANCE OF 23.13 FEET TO A CUT ”X” FOUND FOR THE
NORTHEAST CORNER OF THAT CERTAIN 0.001 ACRE TRACT OF LAND
DESCRIBED TO THE CITY OF IRVING IN THE STREET DEED RECORDED IN
VOLUME 98231, PAGE 2405, DRDCT;
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;
THENCE SOUTH 00°16’00” EAST ALONG SAID WESTERN RIGHT–OF–WAY

LINE, A DISTANCE OF 149.90 FEET TO A 1/2–INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED “ARTHUR SURVEYING COMPANY” FOUND AT THE
NORTH END OF THE AFOREMENTIONED 20–FOOT CORNER CLIP BEING THE
MOST NORTHERLY CORNER OF THE AFOREMENTIONED 0.005 ACRE TRACT
OF LAND DESCRIBED TO THE CITY OF IRVING IN THE STREET DEED
RECORDED IN VOLUME 98231, PAGE 2405, DRDCT;
THENCE SOUTH 45°08’00” WEST ALONG SAID CORNER CLIP, A DISTANCE OF

28.35 FEET TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 74,236 SQUARE FEET OR 1.704 ACRES

OF LAND.
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.
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.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-5-
Packet Pg. 250
24.a
Attachment: C: Vicinity Map (3194 : 11 - ZC09-0066)

Vicinity Map
City of Irving
jj
Zoning Case N
No. ZC09-0066 __-====::JI Feel
l::,SOO 131:::]0
Packet Pg. 251

24.b
Attachment: D: Surrounding Zoning Map (3194 : 11 - ZC09-0066)

FOURTH Sl
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Zoning Case City of Irving
No. lG09-0066 __':===::::11 Fl:d
Dale No¥, 16, 2009 100 200
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Attachment: E: Property Owner Notification Map (3194 : 11 - ZC09-0066)

Consideration
For Rezoning
_I
200 Ft
Notification
Boundary
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Property Owner Notification Map

No. ZC09-0066 __-====::J 1 FI~N
l~O 200
Packet Pg. 253

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Attachment: E: Property Owner Notification Map (3194 : 11 - ZC09-0066)

# DeAD 10 11 Owner Name Address Line 1
1 322277500A0020000, SOL P!,.AZA I LTO PS
2 32210500000210500 J~ROD errl~R1SES INC SUlliE 121
~323996100AOOJOOQO RODRIGUEZ CECIUO
~r32203690QAOO10000 HORTON & ROOSTH L m
5 6509G057010040~OO IFoNsECA ALFONSO H
~ 65090057010030000 IMENDIOLA PORFIRIO C
7 323996100AOO4000O--- ~LCARAZJUANAMBmZ& GUADALUPE C ~LCARAZ
3 325398100AOO20000 REDlING ARNOLD JR
9 32i277500A0010000 i1EX CAN TEX INC
10 323996~:OOAOO,20000 ABRAHAM SAJI & LISSY
I
11 65090057510010000' POWERSJ D
12 325398100AOO10000 NOURISHAGHY ABDOL
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Property Owner Notification List

Zoning Case
City of Irving
No. lC09-0066
Page 1 of 1 Dale No'! 16, 2009
Packet Pg. 254

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RECEIVED
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PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning and Iinspections.

PO Sox 1,52288
Irving, Texas 75015-2288
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.
Attachment: I: Public Comment Forms in Opposition (3194 : 11 - ZC09-0066)

Date, Location & Time of:
PLANNING & ZONING

COMMISSION MEETING: Monday, J'anuary 18, 2010,7 p.m.
City Hall, 82S W. Irving Blvd.
CITY COUNCIL M'EETING: Thursday, February 4, 2010,7 p.m.

City Hall, 825 W. Irving' Blvd.
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:
Phone numbe( (optional)
Please provide comments explaining the reasons for your support or opposition:
Packet Pg. 258

24.g
PUBLIC COMMENT FORM
Department of Planning and Inspections

PO Box 152288
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.
Attachment: I: Public Comment Forms in Opposition (3194 : 11 - ZC09-0066)

Date, 'location & Time of:
PLANNING & ZONING

COMMISSION MEETING: Monday. January 18, 2010, 7 p.m.
City Hall, 825 W. Irv,ing Blvd.
CITY COUNCIL MEETING: Thursday, February 4, 2010, 7' p.m.

City Hall, 825 W. Irving Blvd.
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)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _50_
Packet Pg. 259

24.h
Planning and Zoning Commission Agenda Item Summary
ZONING CASE #ZC09-0066
912 E. Irving Blvd.

Agenda Date: February 4, 2010
Case Manager: Stacy Day
Owner: SDHarod Enterprises
Applicant: ALDI, inc.
Location: 912 E. Irving Blvd (southwest corner of Irving Blvd. and Third
Street)
Size: 1.7 acres
Attachment: A: City Council Memo (3194 : 11 - ZC09-0066)

Existing Zoning: C-C (Community Commercial)
Requested Zoning: S-P-1 (Detailed Site Plan) for Grocery Store
Notices mailed: 16
Responses in favor: a Responses opposed: 2 (15.88%)
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.
the Comprehensive Plan
• This lot is currently developed with a grocery store, which will be demolished if this
loading dock is proposed on the east/west section of Third. The bUilding is to be
• The applicant is requesting a parking variance of 17%. A retail use requires a

Department of Planning and Inspections Page lof2

Packet Pg. 260
24.h
Zoning Case ZC09-0066, cant.
• The development as proposed will also require a landscape variance. A ten-foot

interior parkway is required along the entire length of Third Street, with trees for
every 400 square feet of area. The applicant is also providing screening shrubs on
the street frontages. With the standard footprint that an ALDI store requires, a
landscape variance would be likely for any configuration at this site.
• 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

windows on two sides.
• Staff has several concerns with this request: (1) The City has identified Irving Blvd.
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
completed a significant renovation to its fa9ade. As proposed, this development
Planning and Zoning Commission Recommendation

On January 18, 2010, the Planning and Zoning Commission postponed this case to
February 1, 2010 by a vote of 8-0. The February 1, 2010 Planning and Zoning
Commission recommendation is pending.
Staff Recommendation
Denial.
Packet Pg. 261

24.i
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.
Chairman Palmer called on the applicant.
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.
Commissioner Spurlock suggested to postpone this item.
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.
Planning and Zoning Commission Minutes January 18, 2010 Page 7

Packet Pg. 262
24.i
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.
Ayes: David Palmer, AI Zapanta, Michael Randall, Eugenia Foust, John Fischer, Douglas
Gregory, Jack Spurtock, Tom Tannehill
Absent: Robert LaRose
Discussion time: 27 minutes
Planning and Zoning Commission Minutes January 18. 2010 Page 8

Packet Pg. 263
24.j
Property Under
Consideration
Attachment: J: Protest Analysis Map (3194 : 11 - ZC09-0066)

For Rezoning
I
I
IH
- _._1 I
~.
200 Ft
Notification
Boundary
15
] i
~N
Total Area within 200'
Protest Analysis Map (Excluding Subject Parcel) = 8.0351 AC
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
Packet Pg. 264

25
AGENDA ITEM SUMMARY

Ordinance -- Comprehensive Plan Amendment ZC09-0071 - Amending the

Comprehensive Plan to Change the Recommended Land Use from “Retail”
to “Low Density Residential” - Approximately 0.936 Acres Located at 508
and 510 Rogers Road - Dustin Andrews, Applicant/Owner
3. The Comprehensive Plan’s Future Land Use map recommends Retail uses for this
4. The property is vacant and is currently not being used for Retail as is recommended
5. The 2008 Comprehensive Plan states that should an area that is designated and/or
6. 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
Recommendation
Commission.
ATTACHMENTS:
Packet Pg. 265

25

• E: Property Owner Notification Map (PDF)
• F: Letter from Dennis Doiron (PDF)

NONE
-2-
Packet Pg. 266
25
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF IRVING,

TEXAS, ADOPTED FEBRUARY 25, 1997, FOR THE PURPOSE OF PROMOTING THE PUBLIC
HEALTH, SAFETY, MORALS, AND GENERAL WELFARE AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, the Planning and Zoning Commission of the City of Irving, Texas, has reviewed
the proposed amendment to the Comprehensive Plan of the City of Irving, Texas, adopted February 25,
1997; and
session of the City Council did provide the opportunity for the public to give testimony and present
written evidence regarding the proposed amendment to the Comprehensive Plan; and
WHEREAS, the City Council of the City of Irving, Texas, has determined that the amendment
to the Comprehensive Plan helps promote the general health, safety, morals, and general welfare of the
community;

IRVING, TEXAS:
SECTION 1. That Ordinance No. 6989, adopting the Comprehensive Plan of the City of
Irving, Texas, hereby is amended by changing the designation of the following described property on
the Future Land Use Map of the Comprehensive Plan, to-wit:
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.
-1-
Packet Pg. 267
25
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-2-
Packet Pg. 268
25.a
City Council Agenda Item Summary
~~~~~~-'----~-
Attachment: A: City Council Memo (3199 : 11 Comprehensive Plan Amendment ZC09-0071)

Comprehensive Plan Amendment
508 and 51 0 Rog,-",:e-,--,rs~R=o=a=d _
Agenda Date: February 4,2010
Case Manager: Sheba Ward
Owner/Applicant: Dustin Andrews
Location: 508 and 510 Rogers Road
Size: Approximately 0.936 acres
Existing Comprehensive Plan Recommended Land Use: Retail

Requested Comprehensive Plan Recommended Land Use: Low Density Residential
Staff Analysis
• The Comprehensive Plan's Future Land Use map recommends Retail uses for this
• The property is vacant and is currently not being used for Retail as is recommended
• The 2008 Comprehensive Plan states that should an area that is designated and/or
• 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
25.b
CQMPREHENSIVE PLAN AMENDMENT #ZC09-o071, DUSTIN ANDREWS, APPLICANT, REQUESTS AN AMENDMENT

TO THE LAND USE RECOMMENDATiON OF THE COMPREHENSIVE PLAN FROM "RETAIL" USES TO "Low DENsITY
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.
Dennis Dorion, applicanl's representative, gave an overview of the proposed request.
Chairman Palmer called for individuals wishing to speak in favor of lhis item. He then called for individuals
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
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
Discussion time: 3 minules
Planning and Zoning Commission Minutes January 18, 2010 Page 9

Packet Pg. 270
25.c
Attachment: C: Vicinity Map (3199 : 11 Comprehensive Plan Amendment ZC09-0071)

Vicinity Map
Zoning Case City 0" 'rw/irlg
No. lC09-0071
Daf~ Dec. 11 200fl 6.5 CO 1l iF"'"
ocr,
Packet Pg. 271
25.d
Attachment: D: Surrounding Zoning Map (3199 : 11 Comprehensive Plan Amendment ZC09-0071)

\\
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No. lC09-0071 I I Ft-ct
i 1.2009 0 '00 200
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Attachment: E: Property Owner Notification Map (3199 : 11 Comprehensive Plan Amendment ZC09-0071)
_ __
..•. .. _~--..,
Property Under
AofJiiA ST
Consideration
FOli Rezoning
IS
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Boundary '\. '.
STOCKTON DR

Zoning Case City of Irving D N
No. ZC09-0071
I F~c'
Dale: D~o- 11 2009 0 lit 2CO
Packet Pg. 273

25.e
# 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
5 32188500030040000 •MANCILLAS ELISA
6,32188500030100600 ARMENTA JOSE A
7'32187500030080000 ANDREWS DUSTIN
8 32188500930030000 I BARRETT MaBA l & MAXIMINORAM
'9' 32570600000010000 IR\trNG ANMAN HOSPITAL
10 32189500000040000 MORA JACOB & GEORGIA
l
11 ;32188500030050000 ~QUlaa GI~BERTO & ~
1213218850003008000~,_ TURNER RANDY J
13 32188500030090000 'SCRIBNERTYJUANA 5 Er"AL

14,322050000A0020000 1ANDRADE MARTIN & ' ~DA.LUPE J ANORAIDE
15i324265900A0020000 : GoNZALEZ JOHN'if JR
-' ,
16 ,65104264010010000, , ~P PROP,ERTI
ES I~ %.cHASECOMMfR(;IAL BAItI<lNG
17;65104263010250000
18;32188500030070060
I , OTO LUCILLE
, '
'1 ROCHA L1NOH
19,65104263010300000 ~LLAS :REV f5TES CORP

I
20 32s039000A002oo00 :~lESISREAL& ,MARlA MllAGRO COREAS
21,32189500Q00030000 ICARBAJAL PElRO & MARIA
22:32188500030020000 ! I.ARA-COLONA &' GLORM,
23 32188500(iJ0060000 ~IMMBWAN HOWA~,F JR

24i323936400AOOJOOOO 'RUBIO AGUSTIN & ELIDA C
25]65104263010320000 IRVING ANIMAL I-IOSPITrAL
26132570600000020000
IRVING A!N1MAL /iOSPITAL
27132187500030090200 :Na.M 5 [)MGI-fT
28 32187500030070000 ' ;ANDREWS DUSTIN
29: 322050000A001 OOO~,_ GONZALEZ JOSE M
30j325Q39000A0030000 IL,UPtANBAFcAEL-

Zoning Case
City of Irving
No. lC09-0071
Page 1 of 2 Dale, Dec, 11, 2009
Packet Pg. 274

25.e
## I DCAO_IO -- I Owner Name Address Line 1
\-
31 ,65104263010380000,
32' 323936400AOQ.10000 ---rIDAUAS REV ESTES CORP
MARTINEZ Al!RB..'IO ~ - ,
1
I

Zoning Case
City of Irving
No, lC09-0071
Page 2 of 2 Dale Dec, It, 2009
Packet Pg. 275
25.f
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
e.c. Dustin Andrews
Packet Pg. 276

26
AGENDA ITEM SUMMARY

Ordinance -- Zoning Case #ZC09-0071 - Granting S-P-2 (Generalized Site

Plan) for R-6 (Single Family) District Uses - Approximately 0.936 Acres
Located at 508 and 510 Rogers Road - Dustin Andrews, Applicant/Owner
3. The applicant is requesting to rezone the property for residential uses.
4. The property is currently vacant. The applicant is proposing to rezone the property
5. The following notes have been added to the site plan in addition to the City’s
standard notes:
6) Minimum air conditioned space shall be 1,600 square feet.
final inspection.
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) Building facades shall be 80% brick and/or stone masonry construction.
18) Street facing garages shall be recessed a maximum of 6 feet behind the first
floor front façade plane of the dwelling they serve and shall include a
minimum of 3 architectural features on the elevation that includes the garage
doors. When multiple garage doors are on the same façade, a minimum
separation of 1 foot shall be provided between the doors.
6. All other requirements of the R-6 district will be met. Platting will be required prior
to development.
Packet Pg. 277

26
7. Public notices were sent to thirty-two (32) property owners, with no letters in support
or opposition received.
Recommendation
Commission.
ATTACHMENTS:
• E: Property Owner Notification Map and List(PDF)
• F: Site Plan (PDF)

NONE
-2-
Packet Pg. 278
26


TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE HIGHLAND WEST
ADDITION AND LOCATED AT 508 and 510 ROGERS ROAD, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM C-C COMMUNITY COMMERCIAL DISTRICT USE
UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN DISTRICT USE FOR R-6
USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED
HERETO AND MADE A PART HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND
REGULATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP
ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE WITH A
COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE DOES NOT
REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES OF DIRECT
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
-1-
Packet Pg. 279
26
and
and
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;

IRVING, TEXAS:
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
of this ordinance.
-2-
Packet Pg. 280
26
-3-
Packet Pg. 281
26
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 282
26.a

Vicinity Map
Zoning Case City of Irving ,~N
No. ZC09-0071
Dare: Dec, 1< ::=':./l I :",':".
6 5CJ 13,0(;,...
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# DeAD 10
- -Owner
- Name-
Address I-ine 1
J
1 323337000AOO~OOOO SORIANO RlBEN

2 323936400AOO20000 GONZALEZ OSCAR J
GBSINGER TERRY JO

3 32187500030090100
4 '65t0426301 031 OOOD

JONES JOHN 0
5 321'88500030040000
MANCILLASRISA
6 321'88500030100000 ~ENTAJOSEA
7 32187500030080000 NDRf\NS DUSTIN
8 32188500030030000
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9 32570600000010000 IRVING ANIMA~ HOSPITAL
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32188500030050000 ESQUIBEL GILBERTO & BB...EM
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32t88500Q30Q80000 ruRNffi RANDY J
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322050000A0020000 ANDRADE MARTIN & IBUADAILUJ!IE J ANIl:RADE
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- 16
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17 65104263010250000 SOTO I"UCIl..LE
18 32t88500030070000 ROCHA L1NO H
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19' 65104263010300000 'DALLAS REV ESTES CORP
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325~OAOO20000 IGONZALES ISREAL & MAR!A MlLAGRO COREAS
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211 32189500000030000 ICARBAJAL PEDRO & MARIA
r 22 32188500030020000 I'LARA COLON A & GLORIA
23 32188500030060000 ZIMM ERMAN HOWARD F JR
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25 65104263010320000
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IRUBIO AGUSTIN & BJDA C
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IRVING ANIMAL HOSPITAL
-
27 32187500030090200 j.NELMS rNVIGIHIT
28 321875000300700QO ANDRBNS DUSTIN
29 [322050000A001 0000 GoNzALEZ JOSEM
30 3250J9000A0030000 LUPIAN RAFAa.

Zoning Case
City of Irving
No. lC09-0071
Page 1 of 2 D" 1JIo,t1
Packet Pg. 286

26.c

# I
- DC AD_I 0 I Owner .Name Addr,ess Line 1
I
I 31 65104263010380000 IDALLAS REV ESTES CORP
I 32 3~3936400AD010000 MA'RTINfZ ALREl...IO L

Zoning Case
City of lIVing
No. ZG09-0071
Page 2 of 2 Oale DeC, 11,.2009
Packet Pg. 287

26.d
SITE PLAN
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26.e
Zoning Case #ZC09-0071

508 and 510 Rogers Road

Owner/Applicant Dustin Andrews
Location: 508 and 510 Rogers Road

Size: Approximately 0936 acres
Existing Zoning: C-C (Community Commercial) District uses
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
The applicant is requesting to rezone the property for residential uses.
Staff Analysis
• The property is currently vacant. The applicant is proposing to rezone the property
• The following notes have been added to the site plan In addition to the City's
standard notes:

6) Minimum air conditioned space shall be 1.600 square feet.
final inspection.
Department of Planning and Inspections Page 10f2

Packet Pg. 289
26.e
Zoning Case ZC09-071! cant.
11) Exterior wall surfaces, exclusive of doors and windows, shall be 80% brick or
stone.
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.
17) Street facing garages shall be recessed behind the first floor front fa9ade

plane of the dwelling they serve and shall include a minimum of 3
architectural features on the elevation that includes the garage doors. When
multiple garage doors are on the same fa\fade, a minimum separation of 1
foot shall be provided between the doors.
• All requirements of the R-6 district will be met. Platting will be required prior to
development.

On January 18, 2010, the Planning and Zoning Commission recommended approval of
this request by a vote of 8-0 (Commissioner LaRose, absent) 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 fa9ade plane of
the dwelling. If the Comprehensive Plan amendment is denied, this case must also be
denied. The stipulation has been met.
Approval.
Packet Pg. 290

26.f
COMPREHENSIVE PLAN AMENDMENT #ZC09-0071, DUSTIN ANDREWS, APPLICANT, REQUESTS AN AMENDMENT

TO THE LAND USE RECOMMENDATION OF THE COMPREHENSIVE PLAN FROM "RETAIL" USES TO "Low DENSITY
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 this two companion items.
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
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.
motion carried unanimously_
Ayes: David Palmer, AI Zapanta, Michael Randall. Eugenia Foust, John Fischer, Douglas
Planning and Zoning Commission Minutes January 18. 2010 Page 9

Packet Pg. 291
27
AGENDA ITEM SUMMARY

Recommending Department: Planning & Inspections LSR No:
Ordinance -- Zoning Case #ZC09-0072 - Granting S-P-1 (Detailed Site Plan)

for Automobile Repair Uses - Approximately .218 Acres Located at 1206
East Shady Grove Road - Larsen Dye Associates Architects, Applicant - T.
C. Chacko, Owner
January 18, 2010 – Postpone to February 1, 2010 (8-0; Commissioner LaRose,
absent). The February 1, 2010 Planning and Zoning Commission recommendation
is pending.
3. The applicant is requesting to rezone the property for automobile repair uses.
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
5. This property is designated for Neighborhood Enhancement on the Comprehensive

site layout which had the garage doors facing E. Shady Grove, one of the City’s key
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
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
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
8. The February 1, 2010 Planning and Zoning Commission recommendation will be

presented to the City Council during the February 3, 2010 Work Session.
9. Public notices were sent to twenty-two (22) property owners, with seventeen (17)
letters received in support and none in opposition.
Packet Pg. 292

27
Recommendation
ATTACHMENTS:
• F: Elevation Drawing (PDF)
• G: Site Plan (PDF)
• H: Public Comment Forms Set 1 (PDF)
• I: Public Comment Forms Set 2 (PDF)

NONE
-2-
Packet Pg. 293
27


TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE JOHN C. McLEMORE
SUBDIVISION AND THE TRINITY VIEW ADDITION AND LOCATED AT 1206 EAST SHADY
GROVE ROAD, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM R-6 SINGLE
FAMILY DISTRICT USE UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN
DISTRICT USE FOR AUTOMOBILE REPAIR USES UNDER ORDINANCE NO. 1144, AND
ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE;
CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE
OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING
THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING
ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING A PENALTY.
-1-
Packet Pg. 294
27
and
and
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;

IRVING, TEXAS:
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
of this ordinance.
-2-
Packet Pg. 295
27
-3-
Packet Pg. 296
27
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 297
27.a

Case Location
Vicinity Map
Zoning Case City of Irvln.g
No. ZC09-0072 _ _-=:::::::::::11 Feel
&.500 1~,1KI0
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# OCMUD Owner Name Address Line 1
1 32013500060040000 GONZALEZ TINA 'MARIE
2 32293500010030000 ITTY ACHAMM'A & SOPHlAMMA CHACKO
3 32012500040040000 - iGLOVER E: P JR & "NIl:: Gl.OV ER 6ASINGER
4 32544500020020100 IBRAOFOTEDEBRA l
5 32293500010060000 BOOZER TEM PLE % KENNETH '0 BOOZER
6 32544500010020300 NaSON ROBERT M JR I
7 32293500010020000
,.--
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8 3201~500040050000 M'llEY RENTAL PROPERTIES ILTD
9 32013500060030000 ,BAERG HAL JRTR & KA THY BAERG TR STE 3A
10, 32544500020020400 ARGUB.LES JAIME & HILDA G
11 32012500040060000 IMARTINEZ JOSE E
12 3229350026008000~- AINSWORTH JERRY
1'3 32486390010010000
,ISHOCKLEY HENRY ~~'II"IN, KalYR SHOCKLEY
14 32544500020020300 IWEST 'VERNON & ~E-WEST
I
15, 32544500010010100 MARTINEZ GERARDO
16 32293500010080000 ABRAHAM SAJ, & BINSY P
17 32013500060020000 !!MARTINEZ JOSE: IE
1'8 32293500010070000 ~BRAHAM SAJI & BINSY P -
19 132000590000010000 ABRAHAM SAJI & 'B1NSY P
~O132013500060050000 WALKER MISTY
21 132 500Q10020100 CRUZ JOSE
-
-
22 32012500040030000 IGLOVER EDGAR P JR

Zoning Case
City of Irving
No. ZC09-0072
Page 1 of 1
Packet Pg. 301
27.d
RECEIVED
JAN 25 2010
Departmenl of
Planning and Inspeclions
Attachment: F: Elevation Drawing (3197 : 11 - ZC09-0072)

CHACKO
AUTO SERVICE
- - ----:~
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or VAY>
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(57 CO"L ~J,G~T[ PAVING) _ _ :oee::::::~
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Ploooing nod loopecl'oo.
27.f
PUBLIC COMMENT FORM


PO Box 152288
#lC09-0072.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
Attachment: H: Public Comment Forms Set 1 (3197 : 11 - ZC09-0072)

PLANNING & ZONING
COMMISSION MEETING: Monday, January 18,2010,7 p.m
City Hall, 825 W. Irvin9 Blvd.. Irving, Texas
CITY COUNCIL MEETING: Thursday, February 4, 2010, 7 p.m

City Hall, 825 W. Irving Blvd., Irving, Texas
Jerry Ainsworth
Name:
(please print)
Address: '
2415 '"am b r l'dge Dr • , Irving, TX 7506:-6605
Tax Account (DCAD) Number
(if shown on enclosed map): -..,._--'3:..;2:..;2"",,3,,",,U,,0_20_0_0_8_U_O_O_U _
Signature: Q;,er0' a,,~'#J'(

Date:
1/12/2010
972-438-8912
Phone (optional):
property on both slces of this lot already have simi'~r type
businesses.
~~---------~~---1REGEtVED~~--
JAN 13 201ll
D,part..... 0'
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Packet Pg. 304

27.f
ITEM NUMBEA
PUBLIC COMMENT FORM
(Please type or use black ink) ~ 1()L,.
P & Z COMMISSION
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.

Date. Location & Time of:
PLANNING & ZONING
COMMISSION MEETING: Monday. January 18,2010, 7 p.m.
CITY COUNCIL MEETING: Thursday, February 4,2010,7 p.m.

Name:
-
C'J\57 .
Address:

(if shown on enclosed map): ..,c-----------------~--
Signature:
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
Packet Pg. 305

27.f
PUBLIC COMMENT FORM ITEM NUMBER

,. 1 0 .!.. ""
Department of Planning and Inspections P & Z COMMISSION
PO Box 152288
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

PLANNING & ZONING
COMMISSION ME:ETING: Monday, January 18,2010,7 p.m.
CITY COUNCIL MEETING: Thursday, February 4, 2010, 7 p.m.

City Hall, 825 W. Irving Blvd.. Irving, Texas
Name: ~S ~ (f2 67'4

(please print) ,
Address: /f;2 0 cr--
5/!A-j),Y G f20U 4L

I [2..Ji fJ +y
'-rC;CU~:'CJ
(ij shown on enclosed map)~. •
Signature: _k~
,
Date: to-o/-k>
Phone (optional):
---------~--RE6EPJED'-----
J~ 181410
,.t III
Ollll...
----------------.pli=.lIl'i'f11W'·,....•••
sw
Packet Pg. 306

27.f
PUBLIC COMMENT FORM ITEM NUMBE:Fl

(Please typa or use black ink)
flO,
Department of Ranning and Inspections p &Z C~MM/S~~N
PO Box 152288
Irving, ~as 75011;-2288
-..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.

Date, Location & TIme of:
PLANNING .. ZONING
COMMISSION MeETING: Monday, January 18. 2010. 7 p.m.
City Hall, 825 W. Irving Blvd .. Irving. Texas
CIN COUNClb MEeTING: Thursday, February 4,2010,7 p.m.

City Hall, 825 W. Irving Blvd" Irving, Texas
Name:
(please tint)
Address: 1:1/7 1i-/h/:r; u/r"'-'"
Tax Account (DeAD) Number

(if shown on enclosed map): ~ _
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
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Packet Pg. 307

27.f
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

PLANNING & ZONING
COMMISSION MEETING: Monday, January 18. 2010, 7 p.m.
C'TY COUNCIL MEETING: Thu",day, February 4, 2010, 7 p.m.

City Hall. 825 W. Irving Blvd., Irving, Texa.
Name: ~);\\
(pease print)
Address: /2 0 '1 &
Tax Account (DCAD) NU~ber

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Date: Odf?' /1 0
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ITEM NUM6ER
PUBLIC COMMENT FORM
, 1 0 '-~
P 8< Z COMMISSION
PO Box 152288
(,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

PLANNING & ZONING
COMMISSION MEETJNG: Monday, January 18.2010.7 p.m.
City Hall, 825 W. Irving Blvd., IfVlng. Texa.
CITY COUNCIL MEETING: Thursday. February 4, 2010. 7 p.m.

City Hall, 825 W. Irving Blvd., Irving. Texas
Name:
Address:
(if shown on enclosed map): ~ ~ _ _~ ~ __
Signature: m~ d I!YiM c.t,

Date:
Phone (optional):
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JAN 1B201l
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ITEM NUMBEA
PUBLIC COMMENT FORM
(Please type or use black ink) 110
p a. z COMMISSION
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.

Date. Location & Time of:
PLANNING & ZONING
COMMISSION MEETING: Monday, January 18, 2010, 7 p.m.
City Hall, 825 W. lIVing Blvd., Irving, Texas
Name: ~roniDL finn ~nz.4./a.c

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Address: /3& e. Slaw£{ 6 mU-e-
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ITEM NUMBER
PUBLIC COMMENT FORM
, 10,-_
P & Z COMMISSION
p0;;r.0x 52288
Irving, exas 75015-2288
#ZC09-0072.
}If X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case
#ZC09.Q072.

PLANNING & ZONING
City Hall, 825 W. Irving BlVd., Irving, Texas
Name: ~:y.A !;~

(please print) /.1.. /
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ITEM NUMBER
PUBUC COMMENT FORM , I0

P 80 Z COMMISSION

PO Box 152288
Irving, Texas 75015-22B8
'1/' I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-OO72.
#ZCOg~072.
Attachment: I: Public Comment Forms Set 2 (3197 : 11 - ZC09-0072)

PLANNING & ZQNING
COMMISSION MEeTING: Monday, January 1B, 2010, 7 p,m,
City Hall, B25 W, Irving Blvd., Irving, Texas
CITY COUNCIL MEEnNG: Thursday, February 4, 2010, 7 p,m,

City Hall, B25 W. Irving Blvd" Irving, Texas
Name:
Address:

(if shown on endosed map): "'Y . _
Signature: ~ ..J-AZaf-.&___
Date: I ~ I'y'- i6
Phone (optional):
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RECEIVED
JAN 182010
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ITEM NUMBER
PUBLIC COMMENT FORM 10 ~~

(Please type or use black Ink)
P & Z COMMISSION

PO Box 152288
Irving, Texas 75015·2288
I am FOR the requested zoning as explained on 1he attached public notice for Zoning Case
#ZC09-<I072,
#ZC09·0072,

PLANNING & ZONING
COMMISSION MEETING: Monday, January 18, 2010, 7 pm.

City Hall. 825 W. Irving Blvd., irving, Texas
Nam~?NJ N'-\J.>...LJ.ifI.ULI/...:..\3-'--_ _~
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ITEM NUMBEA
PUBLIC COMMENT FORM
(Please type or use black ink) , 10 '
P Ii Z COMMISSIOl\
PO 80x 152288
.L. Iam FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
#ZC09-0072.

Date, location & Time of:
PLANNING Ii ZONING
COMMISSION MEETING: Monday, Janua/)' 18, 2010, 7 p.m.
CITY COUNCIL MEETING: Thursday, February 4, 2010, 7 p.m,
Name: ..Jl {eX' Lo 0(, G
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JAN I a 2618
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ITEM NUMBER
PUBLIC COMMENT FORM
(Please type or use black ink) 1 10~~
p II. Z COMMISSIO~
PO Box 152288
~OR the requested zoning as explained on the attached public notite for Zoning Case
#ZCOg·OO72.
#ZC09-0072.

PLANNING & ZQNING
COMMISSION MEETING: Monday, January 16, 2010,7 p.m.
CITY CQUNCIL MEETING: Thursday, February 4,2010,7 p.m.

Name:
Address:

(~shown on enclosed map): ('l-----:-:-~;;;-_=_==;;::=_:;:_------
Signalure:
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JAN I 8 2010
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lTEMNUM6EA
PUBLIC COMMENT FORM
(Please type or use black ink) 1 'O~ __
p & 1. COMMISSiON
PO Box 152288
L I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
#ZC09-0072.

Date, Location & Time at:
PLANNING & ZONING
COMMISSION MEETING: Monday, January 18. 2010, 7 p.m.

Name:
Address:
(it shown on enclosed map): ~:-_.....",...... _ _-;;-;-/.,.. ----: _
Signalure ,e lJl.)JtiJ)C( I(-CJP1-M

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ITEM NUMBER
PUBLIC COMMENT fORM
(Please type or use black ink) IU
PI', Z COMMISC,ON
PO Box 152:188
Irving,/s 75015-2288
--LL:. I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09.Q072.
#ZC09.Q072.

Date, Location & TIme of:
PLANNING & ZONING

City Hall, 825 W. Irving Blvd., Irving, Texa.
Name: V2/( '-- ~

(please pn'nt)
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ITEM NUMBEA
PUBLIC COMMENT FORM
(Pleasa typa or usa black ink)
~ 1 O.:..~
l' &. Z COMMISSION
Department of Planning and Im!lpections
P07:0X1 288
Irving, xas 75015-2288
_ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#ZC09-0072.
#ZC09~072.

PLANNING & ZONING
CllY COUNCIL MEETING:
Name:
Address:
Tax Account (DCAD) Numb

(If shown on enclosed ma~P!li:--::~~::rA,,4+f---------------
Signal re:
Phone (oplional):
Plea.e proYlde commants expla ing the reasons for your support or opposition:
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PUBLIC COMMENT FORM ITEM NUMBER

(Please typa or use black ink) , 10 e. _
P & Z COMMISSION
PO Box 152288
Irvin Y]9as 75015-2288
~ I am FOR the requested zoning as exptaineoon the attached public notice for Zoning Case
tlZC09-ll072.
I am AGAINST ttle requested zoning as explained on the attached public notice for Zoning Case
#ZC09-l1072.

Date. location & Time of:
PlANNING & ZONING
City Hall, 625 W.lrving Blvd., Irving, Texas
CITY COUNCIL MEETING: Thursday, February 4,2010,7 p.m.

City Hall, 825 W. (rving Blvd., Irving, Texas
Name: J2.1\'ll c\
(pleas. pnnt)
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Address: I9Wb Skd!{ (..,.tali e Bd_~_~_~ __

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ITEM NUMBER
PUBLIC COMMENT FORM
(Please type or use black ink) 1- 10
P & Z COMMISSION
PO Box 152288
INyexas 75015-2288
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 1he attached public notice for Zoning Case
#ZC09.{)072.

Date. location & Time of:
«.
PLANNING ZONING
COMMISSION MEETING: Monday, January 18,2010.7 p.m.
CI'lY COUNCIL MEETING:
Name:
Address;
Tax Account (DCAD) Numbe

(if shown on enclosed ma~p~·~~~~c.t~zf'----~--~-------
Date:
Phone (oplional):
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27.h
Zoning Case #ZC09-0072

1206 E. Shady Grove Road
Owner: T. C. Chacko
Applicant: Larsen Dye Associates Architects
Location: 1206 E. Shady Grove Road

Existing Zoning: R-6 (Single Family) district uses
Requested Zoning: S-P-1 (Detailed Site Plan) for Automobile repair uses
Notices mailed: 22
~ 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
• This property is designated for neighborhood enhancement on the Comprehensive
site layout which had the garage doors facing E. Shady Grove, one of the City's key
• 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
Department of Planning and Inspections Page lof2

Packet Pg. 321
27.h
Zoning Case ZC09-0063, cont.
• 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
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
• The February 1, 2010 Planning and Zoning Commission recommendation will be
presented to the City Council during the February 3,2010 Work Session.
Approval.

On January 18, 2010, the Planning and Zoning Commission postponed this request to
February 1, 2010, by a vote of 8-0 (Commissioner LaRose, absent). The February 1,
2010 recommendation is pending and will be provided to the City Council at the
February 3, 2010 work session
Packet Pg. 322

27.i
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
1206 E. SHADY GROVE ROAD.
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.
Chairman Palmer called for individuals wishing to speak in favor of this ilem. He then called for individuals
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.
Ayes: David Palmer, AI Zapanta, Tom Tannehill
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
Discussion lime: 5 minutes
There was no other business before the Commission and the meeling was adjourned at 8:08 p.m.
Planning and Zoning Commission Minutes January 18. 2010 page 10

Packet Pg. 323
28
AGENDA ITEM SUMMARY

Ordinance -- Zoning Case #ZC09-0075 - Granting S-P-2 (Generalized Site

Plan) for Landfill and Related Uses - Approximately 210.46 Acres Located
East of Luper Road and South of Hunter Ferrell Road - City of Irving,
Applicant/Owner
2010 - Favorable, 8-0 (Commissioner LaRose, absent)
3. The applicant is requesting rezoning to allow expansion of landfill and related uses
on the interior of the site.
4. The Comprehensive Plan recommends Public/Semi-Public uses for this property.
5. The City of Irving is seeking State approval for the expansion of landfill uses on the
6. The site is currently zoned A-G (Agricultural) District. Prior to 1990, this was
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.
7. The City will meet all State regulations concerning such uses, 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.
8. Public notices were sent to seven (7) property owners, with no letters in support or
opposition received.
Recommendation
Commission.
ATTACHMENTS:
Packet Pg. 324

28

• F: Site Plan (PDF)
• G: Information for City of Irving Zoning Request (PDF)

NONE
-2-
Packet Pg. 325
28


TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE ISREAL JENNINGS
SURVEY, ABSTRACT NO. 679, AND LOCATED EAST OF LUPER ROAD AND SOUTH OF
HUNTER FERRELL ROAD, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY
OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM A-G
AGRICULTURAL DISTRICT USE UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-2
SITE PLAN DISTRICT USE FOR LANDFILL AND RELATED USES UNDER ORDINANCE NO.
1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO
LAND USE; CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO.
1144; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE
PURPOSE OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE;
PROVIDING THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE
ZONING ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
-1-
Packet Pg. 326
28
and
and
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;

IRVING, TEXAS:
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:
-2-
Packet Pg. 327
28
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 S 41 Degrees 09 Minutes 33 Seconds E, leaving said road, a distance of 38.02

feet to a 1/2 inch iron rod with plastic cap stamped “Landes & Assoc.” set (hereinafter
all iron rods set are marked the same) at the BEGINNING of the hereinafter described
tract of land;
THENCE N 89 Degrees 12 Minutes 27 Seconds E, a distance of 4801.40 feet to a 1/2

inch iron rod set;
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;
THENCE S 68 Degrees 56 Minutes 17 Seconds W, crossing the westerly line of the

aforementioned East tract and the easterly line of the aforementioned 71.907 acre tract, a
distance of 1986.94 feet to a 1/2 inch iron rod set;
THENCE N 07 Degrees 21 Minutes 23 Seconds W, a distance of 232.47 feet to a 1/2

inch iron rod set;
THENCE N 67 Degrees 02 Minutes 46 Seconds W, a distance of 203.69 feet to a 1/2

inch iron rod set;
THENCE N 82 Degrees 36 Minutes 35 Seconds W, crossing the easterly line of the

aforementioned West tract and the westerly line of the aforesaid 71.907 acre tract, a
distance of 534.35 feet to a 1/2 inch iron rod set;
THENCE S 79 Degrees 39 Minutes 30 Seconds W, a distance of 161.72 feet to a 1/2

inch iron rod set;

inch iron rod set;

inch iron rod set;
THENCE S 30 Degrees 53 Minutes 20 Seconds W, a distance of 82.99 feet to a 1/2 inch

iron rod set;
-3-
Packet Pg. 328
28
THENCE S 39 Degrees 34 Minutes 28 Seconds W, a distance of 169.52 feet to a point

in the south line of the aforementioned 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;
THENCE S 89 Degrees 05 Minutes 41 Seconds W, along said south line, a distance of

425.31 feet to a point;
THENCE N 00 Degrees 54 Minutes 07 Seconds W, a distance of 2295.71 feet to the

PLACE OF BEGINNING and containing 210.461 acres of land.
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
of this ordinance.
-4-
Packet Pg. 329
28
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
-5-
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ase Location I
Vicinity Map
No. le09-00l5
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1

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Add.ress Une 1
1 65067957510630000 IRVING CITY OF LANDFILL
2 65067957510,380001 A6RAHAM ASH
1-----3-65-o-6795751o12901oo tATTNER HERMAN H BAL SUj"fiE 100-7111
4 6506i957510'290-:-'20"'"'O~-IRv,tNG CITY OF ------
5 650679570101250000 CDCSMT BROADCAST lie
---------+-------------1
6 65061957510,290300 IRVI~ CITY OF
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8 65130,10_1010060000 COUNTY PPTY ACQUISJT ION
5067957510310000 RVING CITY OF
10 65067957510610000 IRVING CITY OF'
11 G5067957510620000 EXAS UflUTIES eo
12 <Null> CITY OF IRVING

Zoning Case
City of Irving
No. lC09-0075
Page 1 of 1 Date. Jan, 7. ,2010
Packet Pg. 334

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Packet Pg. 335

28.e
Information for City of Irving Zoning Request
Environmentally Sensitive Land Use
Middle Tract- Hunter Ferrell Landfill
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
Attachment: G: Information for City of Irving Zoning Request (3195 : 11 - ZC09-0075)

1. All final environmental assessments and environmental impact statements for the proposed
use or activity of either or both are required pursuant to state or federal law. The Application
for a landfill Permit to the Texas Commission on Environmental Quality (TCEQ) does not require
a formal environmental assessment or environmental impact statement. However, the City is
required to address several environmental issues as a part of the Application. This information
is included in Part II of the TCEQ Application and includes a review of land use compatibility,
zoning in the area, community growth patterns, location of water wells, adequacy of roads
serving the facility, geology, groundwater and surface water, threatened or endangered species,
floodplains, and wetlands, plus compliance with Chapter 191 of the Texas Antiquities Code. In
addition, at the time the Middle Tract was purchased, the City conducted Phase I and Phase II
site assessments to evaluate potential environmental liabilities associated with ownership of the
property. The City completed a voluntary cleanup program based upon the findings of the
assessments.
2. Copies of all studies or analyses upon which have been based projections relied upon by the
apPlicant of the need or demand for the proposed use or activity, The City currently operates
the Hunter Ferrell Landfill on the immediately adjacent tracts of land to the east and west of the
property. As a part of the TCEQ Application to add this tract of land to the Landfill Permit
boundary, the City prepared projections of site life for the facility and included these projections
in the Application. The Landfill, as projected, with the addition of this property, will serve the
citizens of Irving in excess of 70 years. This represents an increase of approximately 20-25 years
over the currently permitted area.
3. A description of the present use. assessed value, and actual value of land which will be used or
adversely impacted by the proposed use or activity... together with a description of the
expected future use of all such land. including all long-term plans and master plans for the
future use or development affecting such land. The proposed landfill expansion area (Middle
Tract) is currently vacant, and is located between the two tracts permitted for Landfill use. The
tract was mined by the previous owner for sand and gravel. The site is currently used by the
City for brush processing, material storage (road base, etc.) and as a connector between the two
landfill tracts. This expansion area, when filled with solid waste will be returned to a productive
use and will be used by the City for various municipal purposes including parks, trails, etc.
4. A description of the applicant's ability to obtain needed easements for the proposed use or
activity. The City currently owns the Middle Tract and its surrounding property, and it will not be
necessary to obtain any easements for the proposed use of the Middle Tract.
Page 10f2
Packet Pg. 336
28.e
S. A description of the feasibility and costs of any necessary removals of or modifications to

residential. commercial. and public structures in connection with the proposed use or activity.
There is no requirement for the removal or modification of any residential, commercial or public
structures on the property in order to use the property as intended. There is one old storage
barn in disrepair on the property. This barn will eventually be torn down.
6. A description of all special construction requirements for the proposed use or activity and for
each alternative thereto considered by the applicant. At the time that the Middle Tract will be
used for waste disposal, it will be necessary to excavate earth materials and construct a side wall
Attachment: G: Information for City of Irving Zoning Request (3195 : 11 - ZC09-0075)

liner in the excavation utilizing on-site soil material. This is the same operation that the City
currently conducts on the adjacent landfill tracts. Therefore there will be no need for special
equipment or any new special construction. There will be no need to construct any bottom
liners in the excavation as the City has been approved for an alternate liner consisting of the in
situ eagle ford shale formation.
7. If the proposed use or activity will result in increased noise levels. a description of the noise
levels in the City of Irving or in contiguous cities expected to be generated by or in conjunction
with the proposed use or activity upon commencement of operations. The proposed activities
on the site will be the same as the current activities on the adjacent tracts. Therefore there
should be no increase in any noise levels to the surrounding areas. In addition, the Middle Tract
is farther from the residential neighborhood located to the northwest of the site than the West
Tract, and farther from the neighborhood located to the northeast of the site than the East
Tract.
8. Copies of all studies undertaken or considered by any local. state. or federal agency in
connection with the proposed use or activity. The use of the site for disposal operations is
restricted to that area that is outside of the 100 year floodplain of the West Fork of the Trinity
River. Development within the 100 year floodplain of the Trinity River and its tributaries is
governed by the Corridor Development Certificate (CDC) process. As a part of this process, the
U.S. Army Corps of Engineers developed detailed hydrologic and hydraulic models of the Trinity
River system. The subject tract, as proposed to be developed, was taken into account in this
analysis, and is not within the 100 year floodplain. No other applicable site studies have been
undertaken or considered by any other local, state or federal agency in conllection with the
proposed use, except for those site environmental considerations examined during the
development of the TCEQ Landfill Permit Application noted in Paragraph 1 above.
9. Any other materials requested by staff, the Planning and Zoning Commission. or the City
Council. N/A
Page20f2
Packet Pg. 337
28.f
Zoning Case #ZC09·0075

220 Hunter Ferrell Road
Case Manager: Ken Bloom, AICP, Chief Planner
Applicant/Owner: City of Irving
Location: East of Luper Road, south of Hunter Ferrell Road
Existing Zoning: A-G (Agricultural) District

Requested Zoning: S-P-2 (Generalized Site Plan) for Landfill and related uses
Notices mailed: 7
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 City of Irving is seeking State approval for the expansion of landfill uses on the
• The site is currently zoned A-G (Agricultural) District. Prior to 1990, this was
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.

On January 18, 2010, the Planning and Zoning Commission recommended approval of
this case by a vote of 8-0 (Commissioner LaRose, absent).
Approval.
Department of Planning and Inspections Page 1 of 1

Packet Pg. 338
28.g
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.
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.
There was no one else to speak in opposition to this item.
Chairman Palmer called on Mr. Bloom for a rebuttal period.
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
recommendation. Commissioner Gregory seconded.
Ayes: David Palmer. AI Zapanta, Michael Randall, Eugenia Foust, John Fischer, Douglas
Gregory, Jack Spurlock, Tom Tannehill
Plannina and Zoning Commission Minutes January 18, 2010 page 6

Packet Pg. 339
29
AGENDA ITEM SUMMARY

Resolution -- Appointments to Boards, Commissions, and Committees, to

Fill Various Unexpired Terms for the Following: Advisory Committee on
Disabilities and Housing and Human Services Board
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures that our residents have a voice in city government.
3. These positions represent the current vacancies on the city boards:
• Advisory Committee on Disabilities- Place 10
• Housing & Human Services Board- Place 2
Recommendation
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.

None
Prepared: 1/21/2010 02:17 PM by Jennifer Dwyer
Packet Pg. 340

29
CITY OF IRVING

SECTION I. THAT the following individual be and is hereby appointed as a member of the Irving
Advisory Committee on Disabilities:
__________, Place 10
said term of office expiring November 2010.
As a result of the appointments heretofore stated, the Irving Advisory Committee on

Disabilities is represented by the following:
Term Expiration
Doug Mobley, Place 2 November 2010
Jo-Anne Sherlock, Place 4 November 2010
David Quins, Place 6 November 2010
Mary Tatro, Place 8 November 2010
__________, Place 10 November 2010
Beverly Fuqua, Place 1 November 2011
Donna (Dee) Jacobi-Edwards, Place 3 November 2011
Brian McGuire, Place 5 November 2011
Mary Davies, Place 7 November 2011
Joe Matthews, Place 9 November 2011
Chris Fish, Place 11 November 2011
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
Packet Pg. 341

29
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
City Secretary
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 342

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, FEBRUARY 4, 2010

825 WEST IRVING BOULEVARD

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

Pastor J. Josh Smith, MacArthur Blvd. Baptist Church

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 31

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

City Council Agenda 02/4/2010 1

2 Approving Minutes for Wednesday, January 13, 2010

3 Approving Minutes for Thursday, January 14, 2010

4 Resolution -- Authorizing the Destruction of Obsolete Records in

City Council Agenda 02/04/2010 2

6 Resolution -- Approving Addendum No. 1 to Option Agreement between

City Council Agenda 02/04/2010 3

City Council Agenda 02/04/2010 4

City Council Agenda 02/04/2010 5

9 Resolution -- Approving and Accepting the Bid of IESI TX Corp, for an

City Council Agenda 02/04/2010 6

City Council Agenda 02/04/2010 7

City Council Agenda 02/04/2010 8

City Council Agenda 02/04/2010 9

City Council Agenda 02/04/2010 10

City Council Agenda 02/04/2010 11

City Council Agenda 02/04/2010 12

ZONING CASES AND COMPANION ITEMS

City Council Agenda 02/04/2010 13

21 Resolution -- Approving Special Sign Permit No. S0912-0042 to Install Full

City Council Agenda 02/04/2010 14

22 Resolution -- Requesting Sign Variance Case No. S0912-0015 Located at

City Council Agenda 02/04/2010 15

City Council Agenda 02/04/2010 16

City Council Agenda 02/04/2010 17

25 Ordinance -- Comprehensive Plan Amendment ZC09-0071 - Amending the

City Council Agenda 02/04/2010 18

City Council Agenda 02/04/2010 19

5. This property is designated for Neighborhood Enhancement on the Comprehensive

8. The February 1, 2010 Planning and Zoning Commission recommendation will be

City Council Agenda 02/04/2010 20

City Council Agenda 02/04/2010 21

City Council Agenda 02/04/2010 22

WORK SESSION MEETING OF THE IRVING CITY COUNCIL

Attendee Name Organization Title Status Arrived

Minutes Acceptance: Minutes of Jan 13, 2010 11:00 AM (CONSENT AGENDA)

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

1 Council Communications Committee Update - Texas Stadium Implosion

Councilwoman Rose Cannaday announced the Texas Stadium implosion date to be

Mr. Janeway described the implosion details.

Jim Redyke, President of Dykon Explosive Demolition Corp., showed a computer

City Council Work Session

2 Review of Regular Agenda

Minutes Acceptance: Minutes of Jan 13, 2010 11:00 AM (CONSENT AGENDA)

City Council Work Session

Minutes Acceptance: Minutes of Jan 13, 2010 11:00 AM (CONSENT AGENDA)

3 2009 Crime Reduction Update

4 Pole Sign Update

This item was postponed and will be rescheduled to a future date.

City Council Work Session

5 State Highway 183 Overlay Follow Up

Councilman Spink and Councilman Smith questioned non-conforming use limitations.

Minutes Acceptance: Minutes of Jan 13, 2010 11:00 AM (CONSENT AGENDA)

6 Buxton Retail Study Report