irvingcc packet 2011-04-07

8/7/2019 IrvingCC Packet 2011-04-07

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AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, APRIL 7, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 04/7/2011 1

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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, APRIL 6, 2011 -- FIRST FLOOR CITY COUNCILCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M.------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st FloorCity Council Conference Room Or City CouncilChamber Conference Room, Civic CenterComplex

7:00 P.M. -----------------------------------------------------------Organizational Service Announcements

Invocation

Pastor Brian Hale, North Irving Baptist Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 11

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

ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONGAS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 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 orassistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretarys Office at (972) 721-2493or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.


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CITY COUNCIL AGENDA

1 City Operations Update

CONSENT AGENDA

2. Approving work session minutes for Wednesday, March 23, 2011

3. Approving regular meeting minutes for Thursday, March 24, 2011

4 Resolution -- Approving the Reappointment of Dr. Willis Starnes to Serveas the Local Health Authority and Approving an Agreement Between theCity of Irving and Willis Starnes, M.D., Ph.D., for Health Authority Servicesfor a Two (2) Year Period Beginning November 1, 2010, at a Fee of $500.00Per Month Including Expenses

Administrative Comments

1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. Impact: Dr. Starnes has proven to be a great value to the City with his knowledgeand guidance on public health issues.

3. This resolution reappoints Dr. Starnes as the Local Health Authority and authorizesthe two-year renewal contract with him at a monthly fee of $500.00.

4. Funding in the net estimated amount of $5,500.00 for the period of November 1,2010, through September 30, 2011; in the net estimated amount of $6,000.00 forthe period of October 1, 2011, through September 30, 2012; in the net estimatedamount of $500.00 for the period of October 1, 2012, through October 31, 2012, isavailable in the General Fund, subject to funds being appropriated in Fiscal Years2009-10 and 2010-11.

Recommendation

The resolution be approved.


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5 Resolution -- Ratification of Lawsuit Filed Against Aetna Fire UnderwritersInsurance Company n/k/a Ace Fire Underwriters Insurance Company,Pacific Employers Insurance Company n/k/a Ace Fire UnderwritersInsurance Company, and State National Insurance Company, Inc.


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

2. Impact: Litigation is necessary to seek recovery of city funds in connection with thelawsuit styled Donald W. Good v. The City of Irving, Texas, Chief of Police for theCity of Irving, and Fred Curtis, Civil Action No. 3:06-CV-2133-K.

Recommendation


6 Resolution -- Approving Five Discretionary Service Agreements Betweenthe City of Irving and Oncor Electric Delivery Company, LLC, for the

Riverside Drive Project


1. This item supports Strategic Goal No. 9: Infrastructure.

2. Impact: This project will relocate aerial power lines underground along RiversideDrive and the Hwy. 161 frontage road. This complies with ongoing efforts tounderground utilities and will provide for a more reliable power source in inclementweather.

3. This project will affect electric facilities at the following locations:

a. Riverside Drive and San Solomon;

b. Riverside Drive west on Hwy. 161 frontage road ending at Las ColinasBoulevard; and

c. Hwy. 635 frontage road south on Riverside Drive to La Villita Boulevard.

4. Oncor Electric Delivery LLC submitted five Discretionary Service Agreements(DSAs) for this undergrounding effort.

5. The cost for this project will be shared between the City of Irving, The Las ColinasAssociation and the Developer, Hines. Funding in the amount of $822,792.77 isavailable in the Non-Bond CIP Fund and the Street Improvement Bond Fund.

Recommendation



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7 Ordinance -- Providing for the Issuance and Sale of City of Irving, Texas,Hotel Occupancy Tax Revenue Refunding Bonds, Taxable Series 2011, inthe Aggregate Principal Amount of $23,880,000; Approving andAuthorizing the Execution and Delivery of a Bond Purchase Agreement,and a Paying Agent/Registrar Agreement; and Prescribing Other Matterswith Respect Thereto

Administrative Comments1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: Refinancing the Entertainment Venue debt will provide funds vital tomoving forward to construction financing. In addition, the refinancing will providefunding to continue the bond validation lawsuit and current appeal.

3. The loan terms include refinancing the balance of the Entertainment Venue BondSeries 2009, 2009A and 2010. The cumulative balance to be refinanced is$23,880,000.

4. The loan will bear an interest rate equal to the 30-day LIBOR rate plus 375 basispoints. Currently, this will compute to approximately 4% interest. This loan willmature in 2029.

5. Principal payments on this loan will begin in 2013 and will range from $360,000 to2,005,000 in 2029.

Recommendation

The ordinance be adopted.

ZONING CASES AND COMPANION ITEMS

8 Ordinance -- Zoning Case #ZC10-0042 - Granting S-P-2 (Generalized SitePlan) for R-6 (Single Family) Uses - Approximately 20.15 Acres LocatedSouth of Belt Line Road and East of North Lake Road - SignagepointProperties, LLC, Applicant.


1. This item supports Strategic Goal No. 1: Land Use.

2. Planning and Zoning Commission Hearing Date and Recommendation: March 21,2011 Postpone to April 4, 2011. The April 4, 2011 recommendation will beprovided to the City Council at the April 6, 2011 work session.

3. The Comprehensive Plan recommends Single Family-Low Density Residentialusesfor this property. This request is in conformance with the Comprehensive Plan.

4. The property is currently undeveloped and zoned R-40 (Single Family) since itsannexation in 1973. The applicant is seeking to develop the property with sixtysingle family homes, two open space areas and a religious facility.


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5. While water and sewer services will be accessed from the south through the City ofIrving, the only way to access the site is by North Lake Road, which is a City ofDallas street. The developer is aware of the issues with access to the property andhas chosen to bring access through another city, rather than through the City ofIrving.

6. Roadway issues are normally addressed during the platting process; however, theCity of Irving has no jurisdiction over North Lake Road. Since the ability to developthe subject property at the requested density is dependent on improvements toNorth Lake Road being first constructed and accepted by the City of Dallas,stipulations regarding North Lake Road are a zoning issue.

7. Staff believes that the Citys ability to provide service at the proposed densityrequires that the road be constructed to a standard acceptable by the City of Irvingand the City of Dallas and that it be built in a timely fashion. Staff requested and hasobtained a letter from the City of Dallas stating that they would have no objection toNorth Lake Road being designed and constructed by the developer in a mannerconsistent with both cities requirements - specifically, the City of Irving stipulationthat North Lake Road be constructed as a 4-lane divided road, with 12 foot widelanes. The City of Dallas requires design and construction to meet all City of Dallas

requirements.8. A note on the site plan stipulates that no building permits shall be issued for any

habitable structures until these improvements to North Lake Road are constructedand accepted by the City of Dallas.

9. The City of Irving will provide all utilities and services.

10.Even though there is only one point of access, the fire department can support thisrequest because:

No more than 60 homes and 1 commercial structure will be built.

All homes will include a fire sprinkler system.

North Lake Road will be a 4-lane divided road.

Street A at the beginning of the subdivision will have 37 foot wide pavement.

11.The notes on the site plan require all homes to be a minimum of 2,000 square feetwith 80% of the exterior being brick, stone or stucco. If stucco is the primarymaterial, a tile roof is required.

12.All other requirements of the R-6 district will be met. Platting will be required prior todevelopment.

13.A 1.5 acre tract surrounded by the development will be given access on North LakeRoad via a 16-foot access easement.

14.Public notices were sent to fourteen (14) property owners, with no letters in supportor opposition received.

Recommendation



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9 Ordinance -- Zoning Case #ZC11-0011 - Granting S-P-1 (Detailed Site Plan)for R-AB (Restaurant with Alcoholic Beverages) - Approximately 2.47Acres Located at 525 Meadow Creek Drive - Sfuzzi, LC II, LLC,Applicant/Owner


1. This item supports Strategic Goal No. 1: Land Use.

2. Planning and Zoning Commission Hearing Date and Recommendation: April 4,2011 - Pending

3. The applicant is requesting approval of an amended S-P-1 (Detailed Site Plan) forR-AB (Restaurant with the accessory use of the sale of Alcoholic Beverages) inorder to make various interior and exterior changes to the existing building that arenot shown on the existing approved site plan. The proposed changes go beyondwhat staff could administratively approve.

4. The property is currently developed with a single story building which was

previously used for a restaurant. The applicant is wishing to do extensiverenovations to the interior and exterior of the building to transform it into a newrestaurant.

5. This 11,316 sq. ft. building is located on a 2.47 acre tract in Las Colinas and has365 seats (301 indoor, 64 outdoor). 147 parking spaces are required and provided.

6. In addition to indoor and patio dining, the applicant is proposing to create a banquetroom and several private dining rooms as well as an outside patio with a bar. Theoutside faade of the restaurant will be remodeled but still meets the cityscommercial design standards.

7. Public notices were sent to six (6) property owners, with one letter in support andnone in opposition received.

Recommendation


APPOINTMENTS AND REPORTS

10 Mayors Report

11 Adjournment

Citizens Forum

Citizens are invited to speak for three (3) minutes on matters relating to Citygovernment and on items not listed on the regular agenda.


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WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

March 23, 2011

The Irving City Council met in work session March 23, 2011 at approximately 11:10 a.m. Thefollowing members were present/absent:

Attendee Name Organization Title Status ArrivedHerbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman Late 2:00 PMGerald Farris Irving City Council Councilman Late 2:00 PMJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

DISCUSSION TOPIC1 Review of Regular Agenda


The operations update will be presented at tomorrow nights council meeting.

CONSENT AGENDA

7 Resolution -- Approving an Engagement Letter with Gibson, Dunn & CrutcherLLP for Legal Services Related to the Entertainment Center ExpeditedDeclaratory Judgment Litigation

Karen Brophy, Senior City Attorney, described the engagement letter withGibson, Dunn & Crutcher LLP and their work on the entertainment centerlitigation.

Councilwoman Cannaday noted that these legal services are needed becausethe City is the defendant in a lawsuit filed by AEG and a former mayor againstthe City.

The Council and staff discussed the litigation budget and the amount spent onlegal services for the entertainment center.

Councilman Philipp noted his concern with insufficient funds available to pay foradditional legal services.

Mayor Gears clarified that the Citys financial advisors work with the staff toallocate funds where needed, which includes legal services.

Max Duplant, Chief Financial Officer, described the funding process, noting ananticipated refinancing will change the bonding structure terms to allow foradditional cash flow.

The Council requested that a full presentation be brought back to themregarding financing structure options.

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City Council Work SessionMarch 23, 2011

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21 Resolution -- Approving Final Plat - Enclave at TPC Las Colinas Phase 3Revised - Approximately 0.4622 Acres Located at 4736 and 4740 Byron Circle -Parikh Family Revocable Trust, Applicant/Owner

Ken Bloom, Chief Planner, presented the platting request. These are tworesidential lots becoming one and a technical denial is being recommended,which was explained to everyone.

22 Resolution -- Approving Special Sign Permit S1102-0027 To Allow a Digital Off-Premise Advertising Sign - Property Located at 1608 N. Loop 12 - CBS Outdoor,Applicant - Spoon Industries, Owner

Ken Bloom, Chief Planner, presented the applicants request. Staff recommendsapproval of this request.

23 Resolution -- Approving Special Sign Permit S1102-0028 to Allow a Digital Off-Premise Sign - Property Located at 3210 East John W. Carpenter Freeway -

CBS Outdoor, Inc., Applicant - Roger Stebbins, Owner

Ken Bloom, Chief Planner, presented the applicants request. Staff recommendsapproval of this request.

24 Ordinance -- Amending the Comprehensive Plan to Change the RecommendedLand Use from Retail to Light Commercial and Granting S-P-2 (Generalized SitePlan) for Retail and Mini-Warehouse with Caretaker's Quarters Uses in ZoningCase #ZC10-0050 - Approximately 7.2 Acres Located on the Southwest Cornerof State Highway 161 and Walnut Hill Lane - Assured Group, Applicant - DonValk, Owner (Postponed from February 17, 2011)

Ken Bloom, Chief Planner, presented the applicants request and described theproposed Phase I and Phase II of the project, but stated that there is noguarantee that Phase II will be developed. He noted that the Planning & ZoningCommission recommended approval of this zoning change but staffrecommends denial of the request. Staff feels that office and retail is moreappropriate for the area as stipulated in the Comprehensive Plan. Mr. Bloomconfirmed that due to 24.8% of opposition within the 200 feet of the property approval of the Council is required to approve the case.

25 Ordinance -- Zoning Case #ZC11-0001 - Amending Comprehensive ZoningOrdinance No. 1144 of the City of Irving, Texas, By Amending Section 52-35e.Nondepository Financial Institutions and Repealing Chapter 38 Entitled

"Business Registration" of The Code of Civil and Criminal Ordinances of the Cityof Irving, Texas - City of Irving, Applicant (Postponed from March 3, 2011)

Ken Bloom, Chief Planner, presented the proposed Code amendments fornondepository financial institutions.


26 Mayors Report

The mayor did not have a report at todays meeting.

Council recessed at approximately 1:11 p.m.

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Council reconvened at approximately 2:00 p.m.

2 DART Orange Line Update

Gary Thomas, President/CEO of DART, presented an update on the Orange Line

progress. The Dart Orange Line expansion is 9.3 miles and Phase 1 and Phase 2 areunderway. These phases will lead to Irving Convention Center Station and Story LaneCrossing.

3 Green Advisory Committee Update

Fran Witte, Recycling Supervisor, gave an overview of the Green AdvisoryCommittees activities. Council directed staff to move forward with creating anordinance to make this a formal committee.

4 Green Fleet Initiatives

Julie Boring, Inventory Operations Manager, described the programs and initiatives theFleet Department is doing to be environmentally conscience.

5 West Irving Library Environmental Initiatives

Casey Tate, Capital Improvement Program Director, presented an update on the WestIrving Library.

6 Lean Six Sigma Results

George Gillespie, Parks Supervisor, gave an overview of a recent Lean Six Sigmaproject targeted at the citys auction process.

Members from the Streets Department reviewed how their department has used LeanSix Sigma to perform street cut repairs more efficiently.

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EXECUTIVE SESSION

Council convened into executive session pursuant to Section 551.071 of the Texas LocalGovernment Code at approximately 2:32 p.m.

7 Legal Advice - Donald Wayne Good v. the City of Irving, Texas, Irving PoliceDepartment, Chief of Police for the City of Irving, Individually and in His OfficialCapacity, and Fred Curtis, Individually and in His Official CapacityTexas Open Meetings Act 551.071

Council reconvened from executive session at approximately 3:15 p.m.Council adjourned at approximately 3:15 p.m.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________Shanae Jennings, TRMCCity Secretary

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REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

March 24, 2011

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The City Council met in regular session in the Council Chambers of the City HallComplex on Thursday, March 24, 2011 at approximately 7:10 p.m. The followingmembers were present / absent:

Attendee Name Organization Title Status ArrivedHerbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman Present

Mike Gallaway Irving City Council Councilman Present

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

INVOCATION

The invocation was delivered by Pastor Norris Q. McGill of Antioch Christian Church, ofthe City Of Irving, Texas.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

Mayor Gears presented Celebrating Irving - The City and the Man proclamation toEleanor Bell, Irving Heritage Society President, Lea Bailey, Ph. d, Director of LearningResources, Irving Independent School District and Jan Bodnar, Community Relations

Supervisor, Irving Public Library.

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City Council MeetingMarch 24, 2011

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CITY COUNCIL AGENDA


Tommy Gonzalez, City Manager, presented a video on the City Operations Update.

CONSENT AGENDA

Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer to approve consentagenda items 2-20 and pull item 7 for discussion.

Motion approved 9-0.

2 Approving Minutes for Wednesday, March 02, 2011

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Rose Cannaday, Councilwoman

SECONDER: Rick Stopfer, Councilman

AYES: Gears, Meagher, Patrick, Stopfer, Farris, Philipp, Cannaday,Santoscoy, Gallaway

3 Approving Minutes for Thursday, March 03, 2011

RESULT: ACCEPTED [UNANIMOUS]




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4 Resolution No. RES-2011-70 -- Authorizing the Destruction of ObsoleteRecords in Accordance with the City of Irvings Records ManagementPolicy

RESULT: ADOPTED [UNANIMOUS]




5 Resolution No. RES-2011-71 -- Approving a Records Control Schedule forWater Utilities Documents





6 Resolution No. RES-2011-72 -- Authorizing the Mayor to Apply for Funding

through the Office of the Attorney General for the Victim Coordinator andLiaison Grant (VCLG) for a Two-Year Period





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7 Resolution No. RES-2011-73 -- Approving an Engagement Letter withGibson, Dunn & Crutcher LLP for Legal Services Related to theEntertainment Center Expedited Declaratory Judgment Litigation

The following individual(s) signed up to speak in opposition of this item:

Kensley Stewart, 3916 Tacoma, Irving, TX

Motioned by Councilman Patrick, seconded by Councilman Stopfer to Approvean Engagement Letter with Gibson, Dunn & Crutcher LLP for Legal ServicesRelated to the Entertainment Center Expedited Declaratory Judgment Litigation

Motion approved 7-2.Council voting in opposition to this motion include: Councilman Farris andCouncilman Philipp.

RESULT: ADOPTED [7 TO 2]

MOVER: Lewis Patrick, Councilman


AYES: Gears, Meagher, Patrick, Stopfer, Cannaday, Santoscoy, Gallaway

NAYS: Gerald Farris, Joe Philipp

8 Resolution No. RES-2011-74 -- Approving Settlement in Donald W. Good v.The City of Irving, Texas, Chief of Police for the City of Irving, and FredCurtis





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9 Resolution No. RES-2011-75 -- Awarding a Contract to Jeske ConstructionCompany for the OConnor Road Infrastructure Improvements - Phase I:Brockbank Cul-De-Sac Project





10 Resolution No. RES-2011-76 -- Awarding a Contract to Texas State Utilities,Inc., for the MacArthur Boulevard Infrastructure Improvements - UtilityUndergrounding for the Sixth Street and MacArthur and the Pioneer Driveand MacArthur Intersections Project.





11 Resolution No. RES-2011-77 -- Authorizing the Mayor to Execute an

Agreement Between the City of Irving and the Texas Department ofTransportation for Sharing Intelligent Transportation Systems (ITS) Data





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12 Resolution No. RES-2011-78 -- Authorizing the Mayor to Approve Statementof Cost in Accordance with the Advanced Funding Agreement with TexasDepartment of Transportation for the IH635 Westbound Frontage Roadfrom 0.95 Miles West of Belt Line Road to 0.075 Miles West of OlympusBoulevard





13 Resolution No. RES-2011-79 -- Approving an Amendment to an Agreementwith Fleet Star of Texas, L.C. for Upgrade and Operation of Compressed

Natural Gas Fueling Station at Municipal Service Center at 132 North BrieryRoad, Irving, Texas





14 Resolution No. RES-2011-80 -- Renewing Annual Contract with GreenstarNorth America for Curbside Recycling Program





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15 Resolution No. RES-2011-81 -- Renewing Annual Contract with Martin EagleOil Company, Inc., through a Mutual Cooperative Purchasing Agreementwith Tarrant County for Fuels: Unleaded, Diesel, and Biodiesel





16 Resolution No. RES-2011-82 -- Renewing the Annual Contract with IrvtexAutomotive Sales dba Westway Ford for Repair Services and Body Workfor Ford Vehicles





17 Resolution No. RES-2011-83 -- Renewing the Annual Contract with MasterCleaning Supply, Inc., for Janitorial Supplies





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18 Resolution No. RES-2011-84 -- Approving and Accepting the Bid of AustinMasonry Construction for an Annual Contract to Provide Masonry andStone Work





19 Resolution No. RES-2011-85 -- Renewing an Annual Contract with John JDuncan, Ph.D., Formerly ViaScan of Las Colinas, for Electron BeamTomography (EBT) Scanning





20 Resolution No. RES-2011-86 -- Renewing an Annual Contract with Lone StarAuctioneers, Inc., for Auctioneer Services





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21 Resolution No. RES-2011-87 -- Approving Final Plat - Enclave at TPC LasColinas Phase 3 Revised - Approximately 0.4622 Acres Located at 4736 and4740 Byron Circle - Parikh Family Revocable Trust, Applicant/Owner

Mayor Gears opened the public hearing at approximately 7:28 p.m.

No one elected to speak at tonights public hearing.

Mayor Gears closed the public hearing at approximately 7:28 p.m.

Motioned by Councilman Santoscoy, seconded by Councilman Stopfer toapprove Final Plat - Enclave at TPC Las Colinas Phase 3 Revised -Approximately 0.4622 Acres Located at 4736 and 4740 Byron Circle - Parikh

Family Revocable Trust, Applicant/Owner.



MOVER: Roy Santoscoy, Councilman



22 Resolution No. RES-2011-88 -- Approving Special Sign Permit S1102-0027 ToAllow a Digital Off-Premise Advertising Sign - Property Located at 1608 N.Loop 12 - CBS Outdoor, Applicant - Spoon Industries, Owner


The following individual(s) signed up to speak in opposition of this item:Julie Grant, 2026 Durham St, Irving, TX


Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday toapprove Special Sign Permit S1102-0027 To Allow a Digital Off-PremiseAdvertising Sign - Property Located at 1608 N. Loop 12 - CBS Outdoor,Applicant - Spoon Industries, Owner.


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MOVER: Roy Santoscoy, Councilman

SECONDER: Rose Cannaday, Councilwoman


23 Resolution No. RES-2011-89 -- Approving Special Sign Permit S1102-0028 toAllow a Digital Off-Premise Sign - Property Located at 3210 East John W.Carpenter Freeway - CBS Outdoor, Inc., Applicant - Roger Stebbins, Owner




Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday toapprove Special Sign Permit S1102-0028 to Allow a Digital Off-Premise Sign -Property Located at 3210 East John W. Carpenter Freeway - CBS Outdoor, Inc.,Applicant - Roger Stebbins, Owner.


RESULT: ADOPTED [UNANIMOUS]MOVER: Roy Santoscoy, Councilman



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24 Ordinance No. ORD-2011-9242 -- Amending the Comprehensive Plan toChange the Recommended Land Use from Retail to Light Commercial andGranting S-P-2 (Generalized Site Plan) for Retail and Mini-Warehouse withCaretaker's Quarters Uses in Zoning Case #ZC10-0050 - Approximately 7.2Acres Located on the Southwest Corner of State Highway 161 and Walnut

Hill Lane - Assured Group, Applicant - Don Valk, Owner (Postponed fromFebruary 17, 2011)

The applicant requested that this item be postponed to the April 21, 2011 Councilmeeting.

Motioned by Councilman Farris, seconded by Councilwoman Cannaday topostpone this item to the April 21, 2011 council meeting.

Motion to postpone approved 9-0.

RESULT: POSTPONED [UNANIMOUS]Next: 4/21/2011 7:00 PM

MOVER: Gerald Farris, Councilman



25 Ordinance No. ORD-2011-9247 -- Zoning Case #ZC11-0001 - AmendingComprehensive Zoning Ordinance No. 1144 of the City of Irving, Texas, By

Amending Section 52-35e. Nondepository Financial Institutions andRepealing Chapter 38 Entitled "Business Registration" of The Code of Civiland Criminal Ordinances of the City of Irving, Texas - City of Irving,Applicant (Postponed from March 3, 2011)




Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer toapprove Zoning Case #ZC11-0001 - Amending Comprehensive ZoningOrdinance No. 1144 of the City of Irving, Texas, By Amending Section 52-35e.Nondepository Financial Institutions and Repealing Chapter 38 Entitled"Business Registration" of The Code of Civil and Criminal Ordinances of the Cityof Irving, Texas - City of Irving, Applicant


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Councilman Farris voted in opposition to this motion.

RESULT: ADOPTED [8 TO 1]



AYES: Gears, Meagher, Patrick, Stopfer, Philipp, Cannaday, Santoscoy,Gallaway

NAYS: Gerald Farris


26 Mayors Report

Mayor Gears had no report at tonights meeting.

27 Adjournment

The meeting was adjourned at 7:40 PM

Citizens ForumSenko S. Prioleau, 3801 Portland, Irving, TX Mr. Prioleau requested that the Councilofficially recognize the Lady Cardinals MacArthur High School team for winning theState Championship.

Manuel Benavidez, 2108 Meadow Glen, Irving, TX - Mr. Benavidez discussed the needfor safer sidewalks in Irving.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________Shanae Jennings, TRMCCity Secretary

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AGENDA ITEM SUMMARY

Meeting: 4/7/2011 DOC ID: 3866Recommending Department: Fire LSR No: 12142

Resolution -- Approving the Reappointment of Dr. Willis Starnes to Serve

as the Local Health Authority and Approving an Agreement Between theCity of Irving and Willis Starnes, M.D., Ph.D., for Health Authority Servicesfor a Two (2) Year Period Beginning November 1, 2010, at a Fee of $500.00Per Month Including Expenses


1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. Impact: Dr. Starnes has proven to be a great value to the City with his knowledgeand guidance on public health issues.

3. This resolution reappoints Dr. Starnes as the Local Health Authority and authorizesthe two-year renewal contract with him at a monthly fee of $500.00.

4. Funding in the net estimated amount of $5,500.00 for the period of November 1,2010, through September 30, 2011; in the net estimated amount of $6,000.00 forthe period of October 1, 2011, through September 30, 2012; in the net estimatedamount of $500.00 for the period of October 1, 2012, through October 31, 2012, isavailable in the General Fund, subject to funds being appropriated in Fiscal Years2009-10 and 2010-11.

Recommendation


ADDITIONAL COMMENTS:

Contract Required: Yes Review Completed By: Carrie Morris

Previous Action: 11-1-10 Council Action: Approved

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ATTACHMENTS:

2678-REV (PDF)

CURRENT YEAR FINANCIAL IMPACT:

1001-0512-56401-300 Budget: $6,000.00 Actual: $6,000.00

REVISION INFORMATION:

Prepared: 3/22/2011 10:38 AM by Candie BritlandLast Updated: 4/1/2011 09:09 AM by Belinda Rowlett

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3866)

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

SECTION I. THAT the City Council hereby reappoints Willis L. Starnes, M.D., Ph.D., to serve asthe Local Health Authority for a two-year term beginning November 1, 2010.

SECTION II. THAT the City Council hereby approves the attached agreement between the City ofIrving and Willis L. Starnes, M.D., Ph.D., for health authority services for a two (2)year period beginning November 1, 2010, at a fee of $500.00 per month, includingexpenses, subject to funds being appropriated in the 2010-11 and 2011-12 fiscal yearbudgets, and the Mayor is authorized to execute said agreement.

SECTION III. THAT this expenditure shall be charged to Account No. 1001-0512-56401-300.

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

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

__________________________________Max S. Duplant, CPA

Chief Financial Officer

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

on April 7, 2011.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Shanae JenningsActing City Secretary

APPROVED AS TO FORM:

_______________________________Charles R. AndersonCity Attorney

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AGREEMENT FOR HEALTH AUTHORITY SERVICES

THIS AGREEMENT is entered into as of the 1st day of

November, A.D, 2010, by and between the City of Irving, Texas, a

municipal corporation located in Dallas County, Texas, and

incorporated as a home rule city under the Constitution of the

State of Texas, hereinafter referred to as CITY and Willis L.

Starnes, M.D., Ph.D., hereinafter referred to as HEALTH

AUTHORITY.

WITNESSETH:

In consideration of the premises and mutual covenants

hereinafter contained, the parties hereto agree as follows:

Section 1. Services

Section 1.1 The HEALTH AUTHORITY shall be a physician

licensed to practice medicine by the Texas State Board of Medical

Examiners and shall perform the following services:

Section 1.1.1 That which is necessary to:(1) enforce the laws and ordinances to protect

the public health;

(2) aid the State Board of Health to enforce

orders, rules, and regulations prescribed by the State

Board of Health;

(3) establish, maintain, and enforce

quarantines in the health authoritys jurisdiction;

(4) aid the State Board of Health in relation to

local quarantine, inspection, disease prevention and

suppression, birth and death statistics, and general

sanitation in the health authoritys jurisdiction;

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AGREEMENT FOR HEALTH AUTHORITY SERVICES PAGE 2

(5) report the prese nce of contagious,

infectious, and dangerous epidemic diseases in the City

of Irving to the State Board of Health, City Council, City

Manager, designee of the City Manager, and City Health

Board in the manner and at the times prescribed by

said board;

(6) report to the State Board of Health on any

subject on which it is proper for said board to direct

that a report be made;

(7) aid the State Board of Health in the

enforcement of sanitation laws, quarantine rules, and

collections of vital statistics;

(8) report to the City of Irving Health Board on

any subject that will assist said board in its advisory

role; and

(9) delegate a power of duty imposed on the

HEALTH AUTHORITY by this ordinance or State law to

a properly qualified physician to act while the HEALT HAUTHORITY is absent or incapacitated.

Section 1.1.2 Other services that the City Manager or City

Council may direct upon agreement with the HEALTH AUTHORITY.

Section 2. Compensation and Reimbursement

Section 2.1 CITY shall pay HEALTH AUTHORITY a fee of

$500.00 per month, including expenses, for the services as

specified and rendered.

Section 2.2 HEALTH AUTHORITY may submit invoices

monthly to the Irving Fire Department.

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Section 2.2.1 Payment shall be made to the HEALTH

AUTHORITY within forty -five (45) days of the submission of an

invoice for work performed or subject to reimbursement. No

interest or other penalty shall accrue on late payments.

Section 2.3 In the event CITY should request additional

services not set forth in Section 1.1.1 above, HEA LTH AUTHORITY

and CITY shall agree on the compensation for those services prior

to performance by HEALTH AUTHORITY. Performance of these

additional services may be within or without the term of the contract

set forth in Section 5 of the Agreement.

Section 3 Confidential Relationship

Section 3.1 City may from time to time communicate to the

HEALTH AUTHORITY certain information to enable HEALTH

AUTHORITY to effectively perform the Services. HEALTH

AUTHORITY shall treat all such information as confidential, whether

or not so identified, and shall not disclose any part thereof without

the prior written consent of CITY. HEALTH AUTHORITY shall limit

the use and circulation of such information, even within its own

organization, to the extent necessary to perform the Services. The

foregoing obligations of this Section 3, however, shall not apply to

any part of the information that (i) has been disclosed in publicly

available sources of information, (ii) is, through no fault of HEALTH

AUTHORITY, hereafter disclosed in publicly available sources of

information, (iii) is now in the possession of HEALTH AUTHORITY

without any obligation of confidentiality, or (iv) has been or is

hereafter rightfully disclose d to HEALTH AUTHORITY by a third

party, but only to the extent that the use of disclosure thereof has

been or is rightfully authorized by that third party.

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Section 3.2 HEALTH AUTHORITY shall not disclose any

reports, recommendations, conclusions, or other results of the

Services, the existence of, or the subject mat ter of this contract

without the prior written consent of CITY.

Section 3.3 In its performance hereunder, HEALTH

AUTHORITY shall comply with all legal obligations it may now or

hereafter have respecting the information or other property of any

other person, firm or corporation.

Section 4. Proprietary Rights

Section 4.1 As instruments of service, all documents,

including original notes , shall be available for use by HEALTH

AUTHORITY named herein.

Section 5. Term

Section 5.1 Agreement shall be effect ive for a two (2) year

period beginning on November 1, 20 10. This Agreement shall be

subject to termination upon a ten (10) day written notice at any time,

for good cause by either party. In the event of termination, full

payment shall be made for services performed to termination date

including reimbursable expenses then due, and all terminal

expenses. If this Agreement is terminated prior to the completion of

the services herein, use of any interim reports or other

documentation is limited to the clients internal purposes and nodistribution thereof to others shall be made without HEALTH

AUTHORITYS specific written authorization. In the event of

termination, or upon expiration of this Agreement, HEALTH

AUTHORITY shall return to CITY any and all equipment , documents

or materials, and all copies made thereof, which

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HEALTH AUTHORITY received from, and/or developed for CITY for

the purposes of this Agreement. If this Agreement is terminated

before the above date, CITYS sole obligation shall be to pay

HEALTH AUTHORITY the amount due for the Services completed as

of the effective date of termination.

Section 6. City Officer

Section 6.1 HEALTH AUTHORITY shall be considered a City

Officer and shall have coverage under the City of Irvings Officer

and Employee Liability Plan as found in Sec. 27A -141, et seq. for

duties performed as HEALTH AUTHORITY.

Section 7. Notices

All notices and billings shall be in writ ing and sent to the following

addresses:

To City:

Irving Fire DepartmentCity of Irving845 W. Irving BoulevardIrving, Texas 75060

To HEALTH AUTHORITY:

Willis L. Starnes, M.D., Ph.D.

3204 North MacArthur Boulevard, Suite AIrving, Texas 75062

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Section 8. General

Section 8.1 The terms and conditions of Sections 3, 4, and 6

hereof shall survive the termination of this Agreement or completion

of the Services as the case may be.

Section 8.2 HEALTH AUTHORITY shall not export, directly or

indirectly, any technical data acquired from under this Agreement

or any products utilizing any such date to any county for which the

U.S. Government or any agency thereof at the time of export

requires or other Government approval without first obtaining such

license or approval.

Section 8.3 This Agreement shall be governed by the laws of

the State of Texas. Venue of any action arising from this Agreement

shall be in Dallas County, Texas.

Section 8.4 The above shall constitute the entire

understanding between HEALTH AUTHORITY and CITY respecting

the Services described herein. The Terms and Conditions of the

purchase order shall have no effect upon this Agreement and shall

be used for accounting purposes only.

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IN WITHNESS WHEREOF, the parties hereto have duly

executed this Agreement as of the date first above written.

CITY OFIRVING, TEXAS HEALTH AUTHORITY

By: By:Herbert A. Gears, Mayor Willis L. Starnes, M.D., Ph.D.

ATTEST: ATTEST:

Shanae Jennings

Acting City Secretary


Charles R. AndersonCity Attorney

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AGENDA ITEM SUMMARY

Meeting: 4/7/2011 DOC ID: 3868Recommending Department: City Attorneys Office LSR No:

Resolution -- Ratification of Lawsuit Filed Against Aetna Fire Underwriters

Insurance Company n/k/a Ace Fire Underwriters Insurance Company,Pacific Employers Insurance Company n/k/a Ace Fire UnderwritersInsurance Company, and State National Insurance Company, Inc.



2. Impact: Litigation is necessary to seek recovery of city funds in connection with thelawsuit styled Donald W. Good v. The City of Irving, Texas, Chief of Police for theCity of Irving, and Fred Curtis, Civil Action No. 3:06-CV-2133-K.

Recommendation



Contract Required: N/A Review Completed By:

Previous Action: Council Action:

.


Cost of litigation can be included in a succesful recovery.


Prepared: 3/24/2011 02:21 PM by Rebecca MadduxLast Updated: 4/1/2011 09:06 AM by Belinda Rowlett

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CITY OF IRVING


WHEREAS, on March 11, 2011, the City of Irving, Texas, settled the lawsuit known as

Donald W. Good v. The City of Irving, Texas, Chief of Police for the City of Irving, and Fred Curtis,Civil Action No. 3:06-CV-2133-K; and

WHEREAS, the City has submitted a claim for coverage to the below-referenced insurance

carriers; and

WHEREAS, the City seeks contribution from the below-referenced insurance carriers towards

settlement of the above-referenced lawsuit;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:

SECTION I. THAT the City Council hereby ratifies the initiation of litigation against Aetna Fire

Underwriters Insurance Company n/k/a Ace Fire Underwriters Insurance Company,

Pacific Employers Insurance Company n/k/a Ace Fire Underwriters Insurance

Company, and State National Insurance Company, Inc., and any related individuals or

business entities for the collection of all monies due in connection with the lawsuit

styled Donald W. Good v. The City of Irving, Texas, Chief of Police for the City of

Irving, and Fred Curtis, Civil Action No. 3:06-CV-2133-K.

SECTION II. THAT the City Attorney is authorized to take all action reasonable and necessary to

comply with the intent of this resolution.

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

accordingly so ordered.

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on April 7, 2011.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Shanae Jennings

Acting City Secretary


_______________________________

Charles R. AndersonCity Attorney

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AGENDA ITEM SUMMARY

Meeting: 4/7/2011 DOC ID: 3865Recommending Department: Capital Improvement Program LSR No: 12128

Resolution -- Approving Five Discretionary Service Agreements Between

the City of Irving and Oncor Electric Delivery Company, LLC, for theRiverside Drive Project


1. This item supports Strategic Goal No. 9: Infrastructure.

2. Impact: This project will relocate aerial power lines underground along RiversideDrive and the Hwy. 161 frontage road. This complies with ongoing efforts tounderground utilities and will provide for a more reliable power source in inclementweather.

3. This project will affect electric facilities at the following locations:

a. Riverside Drive and San Solomon;

b. Riverside Drive west on Hwy. 161 frontage road ending at Las ColinasBoulevard; and

c. Hwy. 635 frontage road south on Riverside Drive to La Villita Boulevard.

4. Oncor Electric Delivery LLC submitted five Discretionary Service Agreements(DSAs) for this undergrounding effort.

5. The cost for this project will be shared between the City of Irving, The Las ColinasAssociation and the Developer, Hines. Funding in the amount of $822,792.77 isavailable in the Non-Bond CIP Fund and the Street Improvement Bond Fund.

Recommendation



Contract Required: Yes Review Completed By: Karen Brophy

Previous Action: N/A Council Action: N/A

.

ATTACHMENTS:

Riverside Drive Project Map (PDF)

Oncor DSA Riverside & San Solomon (PDF)

Oncor DSA Removal Riverside along Hwy 161 (PDF)

Oncor DSA Install Riverside along Hwy 161 (PDF)

Oncor DSA Removal Riverside to La Villita (PDF)

Oncor DSA Install Riverside to La Villita (PDF)

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4001-1902-77010-909050 Budget: $687,935.87 Actual: $687,935.874005-1902-77010-909050 Budget: $134,856.90 Actual: $134,856.90Budget Adjustment/Transfer Required: No


Prepared: 3/17/2011 11:25 AM by Lana KingLast Updated: 3/28/2011 04:07 PM by Lana King

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CITY OF IRVING


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

SECTION I. THAT the City Council hereby approves the attached five (5) discretionary serviceagreements between the City of Irving and Oncor Electric Delivery Company, LLC,for undergrounding of electric facilities in different locations on Riverside Drive in anamount not to exceed $822,792.77, and the Mayor is authorized to execute saidagreements.

SECTION II. THAT this expenditure shall be charged to Account No. 4001-1902-77010-909050 inthe amount of $687,935.87 and Account No. 4005-1902-77010-909050 in the amountof $134,856.90.

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

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

__________________________________Max S. Duplant, CPA

Chief Financial Officer


on April 7, 2011.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae JenningsActing City Secretary


_______________________________Charles R. AndersonCity Attorney

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LA V ILLITA

RIV

ERSID

E

LAS

COLIN

A

S

REMOVE OVERHEAD

REMOVE OVERHEAD / INSTALL DUCT BANK

D:\GIS\2011\Oncor_DSA\Oncor_DSA.mxd

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AGENDA ITEM SUMMARY

Meeting: 4/7/2011 DOC ID: 3851Recommending Department: Financial Services LSR No:

Ordinance -- Providing for the Issuance and Sale of City of Irving, Texas,

Hotel Occupancy Tax Revenue Refunding Bonds, Taxable Series 2011, inthe Aggregate Principal Amount of $23,880,000; Approving and Authorizingthe Execution and Delivery of a Bond Purchase Agreement, and a PayingAgent/Registrar Agreement; and Prescribing Other Matters with RespectThereto



2. Impact: Refinancing the Entertainment Venue debt will provide funds vital tomoving forward to construction financing. In addition, the refinancing will provide

funding to continue the bond validation lawsuit and current appeal.

3. The loan terms include refinancing the balance of the Entertainment Venue BondSeries 2009, 2009A and 2010. The cumulative balance to be refinanced is$23,880,000.

4. The loan will bear an interest rate equal to the 30-day LIBOR rate plus 375 basispoints. Currently, this will compute to approximately 4% interest. This loan willmature in 2029.

5. Principal payments on this loan will begin in 2013 and will range from $360,000 to

2,005,000 in 2029.Recommendation



Contract Required: Yes Review Completed By: Karen Brophy

Previous Action: Ordinance 2009-9049,Ordinance 2009-9106, Ordinance.2010-9160

Council Action: Approved

.

Previous action:

Ordinance 2009-9049 Hotel Occupancy Tax Revenue bonds, taxable series 2009, in theapproximate aggregate amount of $8,000,000

Ordinance 2009-9106 Hotel Occupancy Tax Revenue bonds, taxable series 2009A, in the

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-1-

ORDINANCE NO. (ID # 3851)

THE CITY OF IRVING, TEXAS

HOTEL OCCUPANCY TAX REVENUE REFUNDING BONDS

TAXABLE SERIES 2011

Adopted: April 7, 2011

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792165v.5 IRV450/71021

BOND ORDINANCE NO. _______________

THE CITY OF IRVING, TEXASHOTEL OCCUPANCY TAX REVENUE REFUNDING BONDS

TAXABLE SERIES 2011

Adopted: April 7, 2011

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(i)792165v.5 IRV450/71021

TABLE OF CONTENTS

Page

ARTICLE I

DEFINITIONS AND OTHER PRELIMINARY MATTERS

Section 1.1. Definitions. ..............................................................................................................3Section 1.2. Findings. ..................................................................................................................9Section 1.3. Table of Contents, Titles and Headings.................................................................10Section 1.4. Interpretation. ........................................................................................................ 10

ARTICLE II

SECURITY FOR THE BONDS; INTEREST AND SINKING FUND

Section 2.1. Levy of Venue Hotel Tax and Chapter 351 Hotel Tax..........................................10Section 2.2. Pledge and Security; Assignment to Trustee.........................................................11Section 2.3. Security Agreement. ..............................................................................................12

ARTICLE III

AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS

Section 3.1. Authorization.........................................................................................................12Section 3.2. Date, Denomination, Maturities and Interest......................................................... 12Section 3.3. Medium, Method and Place of Payment. ..............................................................13

Section 3.4. Execution and Registration of Bonds....................................................................14Section 3.5. Ownership..............................................................................................................15Section 3.6. Registration, Transfer and Exchange.....................................................................15Section 3.7. Cancellation. ..........................................................................................................16Section 3.8. Temporary Bonds. .................................................................................................16Section 3.9. Replacement Bonds. ..............................................................................................17

ARTICLE IV

REDEMPTION OF BONDS BEFORE MATURITY

Section 4.1. Limitation on Redemption.....................................................................................18

Section 4.2. Optional Redemption.............................................................................................18Section 4.3. Mandatory Sinking Fund Redemption. .................................................................18Section 4.4. Notice of Redemption to Owners. .........................................................................19Section 4.5. Payment Upon Redemption...................................................................................20Section 4.6. Effect of Redemption.............................................................................................20Section 4.7. Conditional Notice of Redemption........................................................................20Section 4.8. Lapse of Payment. .................................................................................................21

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(ii)792165v.5 IRV450/71021

ARTICLE V

PAYING AGENT/REGISTRAR

Section 5.1. Appointment of Initial Paying Agent/Registrar. ...................................................21Section 5.2. Qualifications. ....................................................................................................... 21Section 5.3. Maintaining Paying Agent/Registrar.....................................................................21Section 5.4. Termination. .......................................................................................................... 21Section 5.5. Notice of Change to Owners. ................................................................................21Section 5.6. Agreement to Perform Duties and Functions. .......................................................22Section 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. ................................................................................................22Section 6.3. CUSIP Registration. ..............................................................................................30Section 6.4. Legal Opinion........................................................................................................30Section 6.5. Statement of Insurance. .........................................................................................30

ARTICLE VII

CONCERNING THE TRUSTEE

Section 7.1. Appointment; Acceptance of Trust and Performance Thereof..............................30Section 7.2. Trustee May Rely upon Certain Documents and Opinions...................................31

Section 7.3. Trustee Not Responsible for Ordinance Statements, Validity...............................32Section 7.4. Limits on Duties and Liabilities of Trustee...........................................................33Section 7.5. Money Held in Trust. ............................................................................................33Section 7.6. Costs for Maintenance of Suit; Indemnification. ..................................................33Section 7.7. Intervention in Judicial Proceedings......................................................................34Section 7.8. Reports of Activities..............................................................................................34Section 7.9. Compensation of Trustee.......................................................................................35Section 7.10. Trustee May Hold Bonds....................................................................................... 35Section 7.11. Resignation of Trustee...........................................................................................35Section 7.12. Removal of Trustee. .............................................................................................. 36Section 7.13. Appointment of Successor Trustee........................................................................ 36

Section 7.14. Merger of Trustee. ................................................................................................. 37Section 7.15. Transfer of Rights and Property to Successor Trustee. ......................................... 37Section 7.16. Survival of Rights.................................................................................................. 37Section 7.17. Appointment of a Co-Trustee. ...............................................................................37

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ARTICLE XII

DEFAULT AND REMEDIES

Section 12.1. Events of Default. .................................................................................................. 49Section 12.2. Remedies for Default.............................................................................................50Section 12.3. Restriction on Owners Action. .............................................................................51Section 12.4. Effect of Waiver. ................................................................................................... 52Section 12.5. Evidence of Ownership of Bonds..........................................................................52Section 12.6. Remedies Not Exclusive........................................................................................ 53

ARTICLE XIII

AMENDMENTS OF ORDINANCE

Section 13.1. Limitations on Modifications. ...............................................................................53Section 13.2. Powers of Amendment. ......................................................................................... 53

Section 13.3. Consent of Owners. ............................................................................................... 53Section 13.4. Mailing of Notice. ................................................................................................. 54Section 13.5. Amendments by Unanimous Consent. ..................................................................54Section 13.6. Exclusion of Bonds................................................................................................ 54

ARTICLE XIV

DISCHARGE

Section 14.1. Discharge. .............................................................................................................. 55

ARTICLE XV

PAYMENT OF REFUNDED BONDS; REDEMPTION OF REFUNDED BONDS

Section 15.1. Discharge............................................................................................................... 55Section 15.2. Redemption of Refunded Bonds. ..........................................................................55Section 15.3. Notice of Deposit and Redemption. ......................................................................55

ARTICLE XVI

MISCELLANEOUS PROVISIONS

Section 16.1. Notices. ..................................................................................................................55Section 16.2. Indemnification...................................................................................................... 56Section 16.3. Waiver of Sovereign Immunity.............................................................................56Section 16.4. Conflicts. ............................................................................................................... 56

Schedule 1 S-1

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792165v.5 IRV450/71021

AN ORDINANCE PROVIDING FOR THE ISSUANCE ANDSALE OF CITY OF IRVING, TEXAS, HOTEL OCCUPANCYTAX REVENUE REFUNDING BONDS, TAXABLE SERIES2011, IN THE AGGREGATE PRINCIPAL AMOUNT OF$23,880,000; APPROVING AND AUTHORIZING THE

EXECUTION AND DELIVERY OF A BOND PURCHASEAGREEMENT, AND A PAYING AGENT/REGISTRARAGREEMENT; AND PRESCRIBING OTHER MATTERS WITHRESPECT THERETO

WHEREAS, Chapter 1371, Government Code, as amended (Chapter 1371), Chapter334, Local Government Code, as amended (Chapter 334) and Chapter 351, Tax Code, asamended (Chapter 351 and, together with Chapter 334 and Chapter 1371, Applicable Law)authorize the City of Irving, Texas (the City), to issue its bonds or other obligations for thepurpose of financing all or a portion of the costs of a convention center (the ConventionCenter) and a related multi-functional theater, performance hall, music hall and community andentertainment venue (the Entertainment Venue and, together with the Convention Center, theProject) 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 thevoters voting at said election voted in favor of a proposition authorizing the City to (i) to providefor the planning, acquisition, establishment, development, construction and financing of theProject, (ii) to impose a tax, not to exceed three dollars ($3.00) on each parked motor vehicleparking in a parking facility of the Project, (iii) to impose a tax on each ticket sold as admissionto an event held at the Project, at a rate not to exceed ten percent (10%) of the price of the ticketsold as admission; and (iv) to impose a tax on the occupancy of a room in a hotel located withinthe 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 toChapter 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 HotelTax) pursuant to Chapter 351; and

WHEREAS, Chapter 351, Tax Code, as amended, authorizes the City to issue bonds witha 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 OccupancyTax 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 ConventionCenter; and

WHEREAS, the Convention Center and the Entertainment Venue are considered to beone 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 andshall be used by the Convention Center to book speakers and other special performance events inconjunction with Convention Center meetings and conventions; and

WHEREAS, the Convention Center and Entertainment Venue will be located in closephysical proximity and will be connected by a pedestrian walkway to allow Convention Centerpatrons to access the Entertainment Venue for Convention Center events held at theEntertainment Venue; and

WHEREAS, the Entertainment Venue will supply special performance space to theConvention Center that will allow the Convention Center to attract additional events and increaseits capacity to hold events requiring a performance space; and

WHEREAS, the City intends for the Convention Center and Entertainment Venue tohave coordinated booking so as to allow the Convention Center to have access to theEntertainment 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), its Hotel Occupancy Tax Revenue Bonds,Taxable Series 2009A (the Series 2009A Bonds) and its Hotel Occupancy Tax Revenue BondsTaxable Series 2010 (the Series 2010 Bonds), secured by the Venue Hotel Tax and the Chapter351 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 351Hotel Tax made for the benefit of the Convention Center Certificates; and

WHEREAS, the City proposes to refund the outstanding Series 2009 Bonds, Series2009A Bonds and Series 2010 Bonds, as described on Schedule I hereto (such refundedobligations to be hereinafter referred to collectively as the Refunded Bonds) secured by and

payable solely from the receipts of the Venue Hotel Tax and the Chapter 351 Hotel Tax (on aparity with the pledge of the Chapter 351 Hotel Tax securing the Convention CenterCertificates), which are pledged to the payment of such obligations, all as described and definedin this Ordinance, and

WHEREAS, Chapter 1371, Texas Government Code, as amended (Chapter 1371)authorizes the City to deposit funds with the Paying Agent/Registar for the Refunded Bonds inan amount sufficient to provide for the payment of the Refunded Bonds; and

WHEREAS, Wells Fargo Bank, National Association. is the Paying Agent/Registar forthe Series 2009 Bonds, the Series 2009A Bonds and the Series 2010 Bonds; and

WHEREAS, the City Council of the City hereby finds and determines that the issuanceand delivery of the refunding bonds hereinafter authorized is in the public interest and the use ofthe proceeds in the manner herein specified constitutes a valid public purpose; and

WHEREAS, the City Council hereby finds and determines that refunding the RefundedBonds for the purpose of restructuring the Citys debt service requirements at a net present valuedebt service loss is in the best interests of the citizens of the City; and

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WHEREAS, it is hereby found and determined that the meeting at which this Ordinanceis considered is open to the public as required by law, and public notice of the time, place, andpurpose of said meeting was given as required by Chapter 551, Texas Government Code, asamended;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF IRVING, TEXAS:

ARTICLE I

DEFINITIONS AND OTHER PRELIMINARY MATTERS

Section 1.1. Definitions.

Unless otherwise expressly provided or unless the context clearly requires otherwise inthis 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 bySection 10.3 herein.

Administrative Expenses means the fees, expenses and indemnification liabilitiespayable to the Persons to whom fees and expenses incurred in connection with the Bonds issuedhereunder are owed, including but not limited to the fees and expenses of the PayingAgent/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 8.2and administered under Section 9.1.

Applicable Law means Chapter 334, Local Government Code, as amended, Chapter351, Tax Code, as amended, and Chapter 1371, Government Code, as amended, the duly adoptedhome rule charter of the City, and all other laws or statutes, rules or regulations, and anyamendments 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 bederived.

Authorized Denominations means the minimum of $100,000 and any integral multipleof $5,000 above $100,000.

Authorized Officer means that official or agent of the City authorized by the CityCouncil or City Manager of the City to undertake the action referenced herein.

Authorized Representative means the Chief Financial Officer of the City or his/herdesignee.

Bank means Bank of America, N.A.

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Base Rate means on any particular date a rate of interest per annum equal to thegreatest of (i) the Federal Funds Rate on such date plus three percent (3.0%), (ii) the Prime Rateon such date plus one and one-half percent (1.50%), and (iii) 7.50%.

Bond means any of the Bonds.

Bond Year means the one-year period beginning on October 1 in each year and endingon September 30 in the following year

Bonds means the Citys bonds authorized to be issued by Section 3.1 of this Ordinanceand designated as City of Irving, Texas, Hotel Occupancy Tax Revenue Refunding Bonds,Taxable Series 2011.

Business Day means any day other than a Saturday, Sunday or legal holiday or otherday on which banking institutions in the State of Texas are generally authorized or obligated bylaw or executive order to close.

Certificate Year means the one-year period beginning on October 1 in each year andending on September 30 in the following year.

Chapter 351 Hotel Tax means the 7% hotel occupancy tax levied by the City pursuantto Chapter 351, Tax Code, as amended.

Chapter 351 Quarterly Payment means the receipts from the Chapter 351 Hotel Taxreceived 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 thePurchaser.

Code means the Internal Revenue Code of 1986, as amended, including applicableregulations, published rulings and court decisions.

Credit Agreement means (i) any agreement of the City entered into with a financialinstitution in connection with and for the purpose of (A) enhancing or supporting thecreditworthiness any Parity Bonds, including municipal insurance policies or a Reserve FundSurety Bond, with respect to any Additional Parity Bonds or (B) providing liquidity with respectto any Parity Bonds which by their terms are subject to tender for purchase, and which, by itsterms, 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 ordinanceauthorizing any Parity Bonds that an agreement constitutes a Credit Agreement under thisdefinition shall be conclusive as against all Owners.

Credit Agreement Obligations means amounts payable by the City under and pursuantto a Credit Agreement other than amounts payable as an Administrative Expense.

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Debt Service means (i) with respect to the Parity Bonds, an amount equal to theprincipal of, redemption premium, if any, and interest on such Parity Bonds, (ii) with respect to aCredit Agreement other than a Swap Agreement, amounts payable as Credit AgreementObligations, (iii) with respect to a Swap Agreement, regularly scheduled amounts payable by theCity 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 TerminationPayment and any refunding bonds issued for the purpose of paying a Termination Payment shallbe 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 Base Rate plus 4.0%.

Designated Payment/Transfer Office means (i) with respect to the initial PayingAgent/Registrar named herein, its office in Minneapolis, Minnesota, or at such other locationdesignated by the Paying Agent/Registrar and (ii) with respect to any successor PayingAgent/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 thisOrdinance.

Federal Funds Rate means for any day the per annum rate (rounded upwards, ifnecessary, to the nearest 1/100 of 1%) equal to the weighted average on the rates on overnightFederal Funds transactions with members of the Federal Reserve System arranged by FederalFunds brokers on that day, provided that (i) if the date for which the rate is to be determined is

not a Business Day, the Federal Funds Rate for that day shall be the rate on such transactions onthe next succeeding Business Day and (ii) if that rate is not so published for any day, the FederalFunds Rate for that day shall be the average rate charged to the Bank on that day on suchtransactions as determined by the Bank.

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 thisOrdinance.

Interest Payment Date means the date or dates on which interest on the Bonds isscheduled to be paid until their respective dates of maturity or prior redemption, such dates being

August 15 and February 15, commencing on February 15, 2012.

Interest Rate means the LIBOR Rate.

Interest Rate Period means the period to which the LIBOR Rate applies. Interest basedon the LIBOR Rate will be fixed for a one month period.

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Letter of Instruction means a written letter of instructions addressed to the Trustee andsigned by an Authorized Officer.

LIBOR Rate means the rate of interest equal to the rate per annum equal to the BritishBankers Association LIBOR Rate (BBA LIBOR), as published by Reuters (or othercommercially available source providing quotations of BBA LIBOR as selected by the Bankfrom 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 RatePeriod becomes effective, for U.S. Dollar deposits (for delivery on the first day of such interestperiod), as adjusted from time to time in the Banks sole discretion for reserve requirements,deposit insurance assessment rates and other regulatory costs, plus 375 basis points. If such rateis not available at such time for any reason, then the rate for that interest period will bedetermined by such alternate method as reasonably selected by the Bank.

For purposes hereof, the following terms shall have the meanings indicated:

(a) Business Day shall mean each day other than a Saturday, a Sunday, or any

holiday on which commercial banks are closed for business;

(b) 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 Banks option, the Interest RateChange Date shall be the next succeeding Business Day. The rate defined in this paragraph isreferred to as the LIBOR Rate adjusted every Interest Rate Period.

(c) Interest shall be calculated on the basis of Base Rate if (i) the Purchaser, in goodfaith, is unable to ascertain the LIBOR Rate by reason of circumstances then affecting theapplicable money market or otherwise, (ii) it becomes illegal to maintain loans based on theLIBOR 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, reserverequirements, expenses or any other costs or charges that affect such interest rate options. Uponthe occurrence of any of the above events, any Interest Rate Period to which the LIBOR Rateapplies shall be immediately (or, at the option of the Purchaser, at the end of the Interest RatePeriod), without further action of the City or the Purchaser, converted to an Interest Rate Periodin which the Base Rate applies.

Maintenance and Operations Requirement means the amount to be a