Loading...
07.10.2007 Town Council PacketWN PI�S.Ft,R -U 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, July 10, 2007 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. CONSENT AGENDA (items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes fiom the following Council meetings. (MD) • June 26, 2007 — Regular Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (CC) c. Consider and act upon an ordinance rezoning 39.1t acres located on the south side of Prosper Trail, 1,500t feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates). (Z07-11). PRESENTATIONS 5. Presentation of a Plaque of Appreciation for Lisa Dritschler. CITIZEN'S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 6. Presentation by Preston Lakes Homeowners Association Concerning Drainage and Erosion Issues on Grapevine Court and Bridgeport Drive. (KC) 7. Other Comments by the Public. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to speak on a non- public hearing related item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 8. A public hearing to consider and act on the Town of Prosper Parks, Recreation, and Open Space Master Plan. (CC) Pagel of2 9. A public hearing to consider and act upon a request to rezone 15.3t acres of land located on the northeast corner of Fifth Street and the BNSF Railroad, from Single Family-15 (SF-15) to Industrial (I). (Z06-15) (CC) 10. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of approximately 6.419 acres of land located in the Collin County School Land Survey, Abstract No.147, and being more generally located on the southwest corner of Prosper Trail and N. Coleman. (MD) 11. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of approximately 24.296 acres of land located in the Collin County School Land Survey, Abstract No.147, and being more generally located south of First Street (CR 3) and 230± feet east of the Dallas North Tollway. (MD) DEPARTME NT ITEMS 12. Discuss and give direction regarding development of a smoking ordinance. (KC) 13. Consider and Act on a Resolution Suspending the Effective Date of a Proposal by ATMOS Energy Corporation to Implement Interim GRIP Rate Adjustments, Authorizing Participation with the ATMOS Cities Steering Committee, Authorizing Intervention in Administrative and Court Proceedings, and Requiring Reimbursement of Ratemaking Costs. (KC) EXECUTIVE SESSION 14. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a. Section 551.087 to discuss economic development negotiations for the Custer Retail Project. (HW) b. Section 551.087 to discuss economic development negotiations for the Blue Star Project. e. Section 551.074 to discuss the appointment and employment of a Town Manager. 15. Reconvene into regular session and take any action necessary as a result of the closed session. 16. Possibly direct Town Staff edule topic(s) for discussion at a future meeting. 17. Adiour/ Interim Town Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION 1, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and r accessible t te�ene,Cal public at all times, and said Notice was posted by the following date and time: Friday, July 6, 2007 at 5:00 p.m. and remain �p ed at leas 1 rs efore said eeting was convened. Vow D. Denton, TRMC own Secretary ®®®i' 1 i In addition to any specifically identified Executive Sessions, Council N ennggdvir", point during the open meeting to discuss any item posted on this aPP��e4ay#l1 pen Meei Should Council elect to convene into Executive Session, those exo¢3li® I be spe ' tc Executive Session, will be taken and recorded in open session. ® % y Date Noticed Removed miter Section 551 of the Texas Government Code at any i specific exceptions that require that a meeting be open. announced. Any subsequent action, as a result of this 0 NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Pr— *0- n Counci s are w elcha�ccessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as'7jprterpre rs for persons who are of or Chring impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (9m) 347 °pit I ]. BRAII.LE IS N AVARMBLE. 1 1Tl� OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:07 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, June 26, 2007 at 5:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol,:E Mike Wadsworth, and Ray Smith. Staff present included: Kevin Carruth, Interim Town Manager, Hulon Webb, Director Chris Copple, Development and Parks Planner; Frank Jaromin, Director„of Public W Chief; Doug Tyson, Fire Marshall; Dan Tolleson, Executive Director of the Economic and Matthew Denton, Town Secretary. 24. Recess into closed session in wit: a. Section 551.074 to discuss the b. Section 551.087 to discuss e (HW) Motioned by Councilmember Turley, seconded by Motion approved 6-0. Council recessed into closed session at 5 Turley, Kevin Drown, ent Services; Tucker, Fire Corporation; with Section 551.001 et. Seq. Texas Government Code, to r Manager. the Custer Retail Project. recess into closed session. 25. Reconvene into regular session and"take any action necessary as a result of the closed session. Council reconvened into regular session at 6:05 p.m. No action was taken as a result 2. Invocation and Pledge The invocation was given by Dr. David McKinney, Presonwood North Baptist Church. Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Councilmember Wadsworth announced the open heart surgery for Trey Dritschler, son of Deputy Mayor Pro-Tem Dritschler was successful and the family is hoping Trey will be able to come home next week. Kevin Carruth, Interim Town Manager, announced National Night Out will be held on August 7`" in the Town. Page I ol'7 12. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting results for the Runoff Election held on June 16, 2007 as presented by the Town Secretary and hereby declare the results of the election be set forth in an ordinance and that said ordinance should be adopted. (MD) Mayor Niswanger moved items 12 and 13 to this position on the agenda. Matt Denton, Town Secretary, gave council background information on this item. Motioned by Councilmember Turley, seconded by Councilmember Drown to approveahe ordinance. Motion approved 6-0. 13. Administer oath and issuance of certificate of election to the elected';, Council Member for Place 2. (MD) Matt Denton, Town Secretary, administered the Oath of Office to Mayor Niswanger signed the certificate of election. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the • June 12, 2007 Regular Town Council Meeting • June 12, 2007:-16int Town Council / EDC Board Meeting • June 19, 2007 — Joint Town Council / PISD Board Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS:' b. Consider and act on a resolution designating the Interim Town Manager as the project official/representative to aeY on behalf of Town in dealing with Collin County for the purpose of participating in the Collin County, Parks and Open Space Assistance Program; and authorizing the submittal of an application for program assistance. (CC) C. An update on the Town's sports fields and/or the construction of future sports fields. (CC) d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) FINANCIALS e. Consider and act upon the financial statements ending May 31, 2007. (RB) Motioned by Councilmember Drown, seconded by Mayor Pro-Tem Bristol to approve the consent agenda subject to staff recommendations. Motion approved 7-0. Page 2 of 7 PRESENTATION 5. Presentation by Chief Tucker introducing the new Town Fire Marshall. (RT) Chief Tucker introduced the council to Doug Tyson, the new Town Fire Marshall. CITIZEN'S COMMENTS 6. Comments by the Public There were no comments by the public. REGULAR AGENDA PUBLIC HEARINGS 7. A public hearing to consider and act upon a request to rezone 40.4f acres located on the south side of Prosper Trail, 1,500f feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates). (Z07-11). (CC) Chris Copple, Development and Parks Planner, gave council background information on this item. Copple informed the council that the public hearing was opened at the June 12, 2007, Town Council meeting. Pat Atkins, KPA Consulting, answered questions Scott Schur, spoke in opposition to the proposed Motioned by Councilmember Motion approved 7-0. Mayor Niswanger Motioned by 30 as follow: E. 6 foot mason 11 be allowed 8. The i posts Motion approved 7-0. seconded by Councilmember Smith to close the public hearing. at 6:41 p.m. requested zoning to amend Planned Development — :z wall shall be constructed along the south property line. The screening wall constructed within the private street lot. The screening wall will be owned Homeowner's Association. located on the retaining wall adjacent to the Trails of Prosper must have metal concrete. 21. Discuss placement of utility lines underground. (KC) Mayor Niswanger moved item 21 to this position on the agenda. Gerald Perrin, Oncor Electric, gave council a brief presentation on the procedures for placing utility lines underground. Page 3 of 7 8. A public hearing to consider and act upon a request to rezone 15.31 acres of land located on the northeast corner of Fifth Street and the BNSF Railroad, from Downtown Commercial (DTC) to Industrial (1). (Z06-15). (CC) Chris Copple, Development and Parks Planner, gave council background information. Copple requested council continue the public hearing to the July 10, 2007 Town Council meeting. Motioned by Wadsworth, seconded by Turley to continue the public hearing to the July 10, 2007 Town Council Meeting. Motion approved 7-0. 9. A public hearing to consider and act on a resolution designating th project official/representative to act on behalf of Town in dealing„I the purpose of participating in the Texas Parks & Wildlife Outdo certifying that the applicant is eligible to receive program assistan matching share is readily available; dedicating the proposed site for recreational uses; and certifying that the application has been subm council of governments for the Texas review and comment (TRACS) Chris Copple, Development and Parks Planner, gave Motioned by Mayor Pro -Tern Bristol, seconded by C Motion approved 7-0. Mayor Niswanger opened the public hearing at 7:13i There was no one wishing to speak on this item. Motioned by Councilmember Smith, seconded by Motion approved 7-0. Mayor Niswanger closed the public hearing, at 7:14 p.m. Interim Town Manager as the dth Texas Parks & Wildlife for or, Recreation Grant Program; e; certifying that the applicant permanent and public park and tied to the appropriate regional review. (CC), on this the public the public hearing. Motioned by Mayor Pro-Tem'Bristol, seconded by Councilmember Dugger to approve the resolution authorizing the Interim Town Manager to submit an application to"the Texas Parks and Wildlife Department Outdoor Recreation Grant Program for partial funding towards the' development of Folsom Park. Motion approved 7-0. `z 10. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 6.419 acres of land located in the Collin County School Land Survey, Abstract No.147, and being more generally located on the southwest corner of Prosper Trail and N. Coleman. (MD) Motioned by Councilmember Smith, seconded by Councilmember Turley to open the public hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 7:15 p.m. There was no one wishing to speak on this item. Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 7:16 p.m. Page 4 of 7 it. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 24.296 acres of land located in the Collin County School Land Survey, Abstract No.147, and being more generally located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway. (MD) Motioned by Councilmember Drown, seconded by Mayor Pro -Tern Bristol to open the public hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 7:16 p.m. There was no one wishing to speak on this item. Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Motion approved 7-0. Mayor Niswanger closed the public hearing at 7:17 p.m. DEPARTMENT ITEMS 14. Hear and discuss a presentation of compensation Ted Benavides, Waters Consulting Group, gave council a 15. Consider and act upon the Councilmember Turley nominated David Bristol Nomination approved 7-0. Councilmember Drown Nomination approved 16. for Pro-Tem Pro-Tem. public hearing. (KC) market study. Pro-Tem. (MD) upon drawing lots between Place 1 and Place 2 to determine which Place shall term and which Place will receive a three year term. (MD) Deputy Mayor Pro-Tem Turley and Councilmember Dogger drew lots. Place 1 will be a three year term and Place 2 will be a two year term. Place 2 will permanently become a 3 year term after the May 2009 election. 17. Consider and act upon an award of bid and enter into an agreement with Landmark Structures I, L.P., for construction of the Preston Road elevated storage tank, and approve a resolution authorizing the Interim Town Manager to negotiate and execute all necessary documents. (HW) Hulon Webb, Director Services, gave council background information on this item. Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to 1) approved the bid to Landmark Structures 1, L.P., in the amount of $2,892,000, 2) enter into a contract agreement with Landmark Structures I, L.P., regarding the construction services for the Preston Road Elevated Storage Tank and 3) approve a resolution authorizing the Interim Town Manager to execute the same. Motion approved 7-0. Page 5 of 7 18. Consider and act upon a change order to Red River Construction Company, Inc., for the Pump Station and 3 MG Ground Storage Tank Project. (HW) Hulon Webb, Director of Development Services, gave council background information on this item. Frank Jaromin, Director of Public Works, answered questions for council. Ronnie Tucker, Fire Chief, answered questions for council. Motioned by Councilmember Drown, seconded by Deputy Mayor Pro-Tem with Option 1. Motion approved 7-0. 19. Consider and act upon selection of providers for group (KG) Karen Gill, Finance Clerk, gave council background Motioned by Councilmember Wadsworth, seconded by Bluee Cross Blue Shield (medical/dental) and The Hart with the following caveat: 1. Staff get a quote next year for 80/20 coverage with a $500 deducti5 2. A committee of the Mayor, Mayor Pro -Tenn and Deputy Mayor P two employees covered by the universal lif6 insurance,policy at the Motion approved 7-0. approve the change order and life insurance. to approve the vendor changes to AD&D) as recommended by staff make a recommendation on the 2007 Town Council Meeting. 20. Consider and act upon the request to implement Flexible Spending Accounts (FSA) for employees for unreimbursed healthcare expenses and dependent day care expenses. (KG) Karen Gill, Finance Clerk, gave council background information on this item. Motioned by Mayor„Pro-Tem Bristol; seconded by; Deputy Mayor Pro-Tem Turley to approve the implementation of the Flexible Spending Account plans subject to staff recommendations. Motion approved 7-0. 22. Discuss budget Kevin Carruth, Interim Town Manager, presented council with proposed dates for the budget process. 23. Discuss regulation of non-residential uses in residential areas, including but not limited to, home occupation and garage sales. (CC & BA) Chris Copple, Development and Parks Planner, gave council background information on this item. Bryan Ausenbaugh, Building Official, answered questions for council. Council directed staff to bring back an ordinance dealing with the garage sale and signage issues. 24. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Page 6 of 7 c. Section 551.074 to discuss the appointment and employment of a Town Manager. d. Section 551.087 to discuss economic development negotiations for the Custer Retail Project. (HW) Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Wadsworth to recess into closed session. Motion approved 7-0. Council recessed into closed session at 9:31 p.m. 25. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened into regular session at 10:21 p.m. Council took no action as a result of the executive session. 26. Possibly direct Town Staff to schedule topic(s) for discussion it a future 27. Adjourn. Motioned by Councilmember Wadsworth, seconded by Mayor Niswaugerto adjourn Motion approved 7-0. Meeting adjourned at 10:22 p.m. Attest: Mats Tow Charles Niswanger, Mayor Page 7 of 7 1�� TOWN OF To: Mayor and Town Council PARKS AND RECREATION From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 10, 2007 Date: July 3, 2007 Agenda Item: An update on the Town's sports fields and/or the construction of future sports fields. Description of Agenda Item: At the June 12, 2007 meeting, a request was made by Councilmember Wadsworth to have an update the Town's sports fields and/or the construction of future sports fields on future agendas. Currently, the Parks and Recreation Board (PARBd) and Town staff are considering the following options at Folsom Park and on the 57 acre community park site. 1. Folsom Park (located next to Folsom Elementary in the La Cima subdivision): The PARBd discussed future improvements to Folsom Park at their June 21, 2007 meeting. The development of Folsom Park would provide between three (3) to six (6) youth soccer/multi-purpose permanent fields. Town staff and members of the PARBd are currently working on two (2) applications for grants to assist in the funding of the improvements to Folsom Park. The first grant from Collin County requesting $390,000 in matching funds was sent out on July 3, 2007. The second grant to the Texas Parks & Wildlife in a currently undetermined amount will be sent out later this month. Both grants are 50% matching funds for the reimbursement of expenditures on park development; therefore, the existing Park Improvement Fees and the recently received $500,000 park grant fund, must be available to not only receive the grant(s), but pay for the improvements. If grant(s) are awarded, the reimbursement of the 50% matching funds will be received by the Town after completion of the development of Folsom Park. On June 27, 2007, Town staff met with a design consultant to discuss the proposed scope of work for the project. It is anticipated that the design contract will be considered by the PARBd at their July 19, 2007 Meeting. The PARBd anticipates that these permanent fields could be ready for play at Folsom Park for the fall season in 2008. 2. 57 acre community park site (adjacent to the future Prosper ISD athletic stadium, south side of Frontier Parkway, west of the BNSF Railroad): On May 31, 2007 the PARBd discussed the possibility of adding six (6) temporary fields on this property and was provided a cost estimate of approximately $350,000 for this construction. It was decided by the PARBd that in order to better utilize those funds, the site needed to be master planned so the improvements on the site could be designed in a manner to maximize the permanent improvements, limiting the money spent on temporary improvements. Due to the limited existing funding resources, the development of any temporary fields could eliminate the development of permanent improvements to Folsom Park and the Agenda Item No. 4b - Page 1 of 2 matching funds necessary for the grant applications. Staff was directed to move forward with obtaining a scope of work from a design consultant. At the June 18, 2007 Joint Work Session with the PISD and Town Council, staff was directed to look at the possibility of adding temporary fields to the remaining acreage of the school's adjacent property since the construction of the stadium was not planned for the immediate future. Staff updated the PARBd at their June 21, 2007 meeting and they agreed to expand the scope of design work to include the addition of temporary fields adjacent to the 57 acre community park. On June 27, 2007, Town staff met with a design consultant to discuss the proposed scope of work for the project. It is anticipated that the various options to the design contract and estimates of construction costs will be considered by the PARBd at their July 19, 2007 Meeting after which the PARBd will be able to make a recommendation on the desired improvements. At this time it is unclear on whether or not the fields will be ready for play at the 57 acre community park for the fall season in 2008. Attached Documents: No attachments. Town Staff Recommendation: No action needs to be taken on this item. Agenda Item No. 4b - Page 2 of 2 PLANNING TOWN OF S".rr-'% EIN. To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 10, 2007 Date: July 3, 2007 Agenda Item: Consider and act upon an ordinance rezoning 39.1± acres located on the south side of Prosper Trail, 1,500± feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates). (Z07-11). Description of Agenda Item: At their June 26, 2007 meeting, the Town Council approved zoning case Z07-11, by a vote of 7- 0, amending Planned Development — 30 as follows: Miscellaneous Development Standards 7. A 6 foot masonry thin wall shall be constructed along the south property line. The screening wall will be allowed to be constructed within the private street lot. The screening wall will be owned and maintained by the Homeowner's Association. 8. The wood fences located on the retaining wall adjacent to the Trails of Prosper must have metal posts anchored in concrete. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: The Ordinance rezoning the property is attached. Town Staff Recommendation: Staff recommends the Town Council adopt the attached ordinance. Agenda Item No. 4c — Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 07-_ AN ORDINANCE AMENDING ORDINANCE NO. 06-33; REZONING A TRACT OF LAND CONSISTING OF 39.076 ACRES, MORE OR LESS, SITUATED IN THE JOHN R. TUNNEY SURVEY, ABSTRACT NO. 916, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-30-SINGLE FAMILY-12.5 (PD-30-SF-12.5) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-30-SINGLE FAMILY-12.5 (PD-30-SF-12.5); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the 'Town Council") has investigated and determined that Ordinance No. 06-33 should be amended; and WHEREAS, the Town -of Prosper, Texas ('Prosper") has received a request from Parthenon Custom Homes ("Applicant') to rezone 39.076 acres of land, more or less, situated in the John R. Tunney Survey, Abstract No. 916, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Ordinance No. 06-33. Ordinance No. 06-33 is amended as follows: Exhibit C: Planned Development Standards E. Miscellaneous Development Standards 7. A 6 foot masonry thin wall shall be constructed along the south property line. The screening wall will be allowed to be constructed within the private street lot. The screening wall will be owned and maintained by the Homeowners Association. 8. The wood fences located on the retaining wall adjacent to the Trails of Prosper must have metal posts anchored in concrete. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200') of the specific area to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty, Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20 and Ordinance No. 06-33, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from fling suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 and Ordinance No. 06-33 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 10th DAY OF JULY, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION: Dallas Morning News — Collin County Addition To: Mayor and Town Council From: Kevin Carruth, Interim Town Manger Re: Presentation by Preston Lakes Homeowners Association Date: July 6, 2007 Agenda Item: Presentation by Preston Lakes Homeowners Association concerning drainage and erosion issues on Grapevine Court and Bridgeport Drive. Description of Agenda Item: See accompanying June 30, 2007, letter from Preston Lakes HOA President Bruce Carlin. Budget Impact: None. Legal Obligations and Review: N/A Attached Documents: June 30, 2007, letter from Preston Lakes HOA President Bruce Carlin. Board. Committee and/or Staff Recommendation: N/A Agenda Item No. 6 - Page 1 of 1 June 30, 2007 Mr. Dave Turley Prosper City Council 121 West Broadway Street Prosper, Texas 75078 Dear Sir: Some homeowners in Preston Lakes have brought two major concerns to the attention of the board members of Preston Lakes Homeowners Association. The Homeowners Association would like your assistance in resolving these issues. The first concern is a drainage issue on Grapevine Court and the second is an erosion problem behind Bridgeport Drive. The drainage issue is documented by the photographs included in this letter taken from the backyard of 880 Grapevine Court. These photographs show excessive amounts of water, mmming over the retaining wall and through that yard, that runs off from the commercial property under development in the southwest quadrant of Preston Road and Prosper Trail. Our request is that the Town of Prosper review the drainage plan from this property and determine if a repair, suitable to all parties, can be found. Presently we have two homeowners who are getting their backyards flooded from the runoff of these properties, the Exxon,. Royal Car Wash, and the retail center facing Prosper Trail. It is known that all water from the approximately 6+ acres drains toward 860 and 880 Grapevine with out there being any stone water sewer in place to handle the water, this causes the flooding. We recognize that the recent rains have been at a record setting pace. 'However, with the development of these properties as well as the property on the north side of Prosper Trail, there will continue to be more water run off than before. This means it would no longer require a record setting rain to cause this type of problem. Below I have pointed out some generalities that may need to be taken into account in any resolution. ➢ No erosion control remains on the property. ➢ Exposed reinforcement rebar is not safe. ➢ All runoff from this property under construction, the Exxon, Royal Services Car Wash and Retail Center flows down Prosper Trail, then down the "screening" easement between houses and the commercial property, then out through the yards of 860 and 880 Grapevine Court. Please see the=.diagram below. ➢ We have concerns that the storm water culvert that passes under Prosper Trail will'add more runoff to the problem with development of that property. ➢ Maintenance of and control of the property has basically been non-existent for months meaning that repair of any erosion control devices, erosion repair, and weed control have not been done. Proof of this is the water fall over the retaining wall as shown in the pictures. ➢ Has the Storm Water Prevention Plan for this property been followed? The second problem is that other homeowners have expressed concerns about the exposed cuts into the rise behind 971 Bridgeport. The cut at that location is approximately 9 feet tall and is within one foot of the homeowner's fence. 951 and 931 Bridgeport have lost 3 feet of their property to erosion. The developer moved the fence 3 feet closer to the house on these properties because the cut behind the fence weakened the land so much the fence was leaning in an unsafe manner. The concern of those homeowners is the continuing erosion of that cut which will ultimately continue to damage their fences and backyards. water conung over the retaining wall behind 880 Grapevine Court. water running through the backyard of 880 Grapevine Court Ili r a p e 9( v I n e 8t 0 u8 r t With development of the north side of Prosper Trail we are concerned about the additional water flow hough this culvert 0 831 1 851 1 871 1 891 1 911 1 931 951 91 Bfi rt Drive The cut has eroded three feet of the backyards of 931 and 951 Bridgeport = DIreC6wt Of Water FlOW requiring the fences be moved three feet into the backyard. Exxon TigerMart V Royal Services Car Wash P r e s t jl o n >chematic of the drainage patterns of the southwest quadrant of Preston Road and Prosner Trail R We appreciate your assistance in these matters. If you need anything fiuther please let me know. Sincerely, Bruce Carlin Preston Lakes Homeowners Association David Permentor — 860 Grapevine Court p))VeaP McGregor — 880 Grapevine Court Mike Simmons — 971 Bridgeport Drive Quinn Harrington — 951 Bridgeport Drive Edward Shyu — 931 Bridgeport Drive IOWN OF M M -w� R To: Mayor and Town Council PARKS $ RECREATION From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 10, 2007 Date: July 3, 2007 Agenda Item: A public hearing to consider and act on the Town of Prosper Parks, Recreation, and Open Space Master Plan. Description of Agenda Item: The Parks, Recreation, and Open Space Master Plan is a ten year plan that will guide the acquisition and development of parks and recreational facilities in the Town of Prosper. On July 26, 2005, the Town Council approved a contract between the Town of Prosper and Halff Associates, Inc. regarding the provision of park master planning services. Since that date, Halff Associates and the Parks and Recreation Board have reviewed, discussed, and revised the proposed Parks, Recreation, and Open Space Master Plan. Throughout this process, the Parks and Recreation Board has received input from citizens, developers, sports associations, Town staff, and from Halff Associates to assist in creating the draft of the proposed Parks, Recreation, and Open Space Master Plan. At their May 31, 2007 meeting, the Parks and Recreation Board unanimously approved a motion to recommend that the Town Council approve the proposed Parks, Recreation, and Open Space Master Plan. Representatives from Halff Associates and the Parks and Recreation Board are in attendance to present the proposed Parks, Recreation, and Open Space Master Plan to the Town Council. Budget Impact: Budget implications are addressed in the Parks, Recreation, and Open Space Master Plan. Legal Obligations and Review: On March 1, 2007, the Parks and Recreation Board held an executive session to discuss certain portions of the Parks, Recreation, and Open Space Master Plan with the Town Attorney. The Town Attorney reviewed the Parks, Recreation, and Open Space Master Plan prior to the March 1, 2007 meeting in order to advise the Parks and Recreation Board. Notification of the public hearing was published in the June 24, 2007 edition of the Dallas Morning News. Attached Documents: A copy of the Parks, Recreation, and Open Space Master Plan has been distributed to the Town Council for review. Agenda Item No. 8 - Page 1 of 2 Parks and Recreation Board Recommendation: At their May 31, 2007 meeting, the Parks and Recreation Board unanimously approved a motion to recommend that the Town Council approve the proposed Parks, Recreation, and Open Space Master Plan. Town Staff Recommendation: Town staff recommends that the Town Council hold a public hearing and approve the Parks, Recreation, and Open Space Master Plan. Agenda Item No. 8 - Page 2 of 2 416 11� TOWN OF S P rl I x To: From: Cc: Re: Date: Agenda Item: Mayor and Town Council PLANNING Chris Copple, Development and Parks Planner Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Town Council Meeting — July 10, 2007 July 3, 2007 A public hearing to consider and act upon a request to rezone 15.3± acres of land located on the northeast corner of Fifth Street and the BNSF Railroad, from Downtown Commercial (DTC) to Industrial (1). (Z06-15) Description of Agenda Item: At their June 26, 2007 meeting, the Town Council tabled the public hearing'tdAheir July 10, 2007 meeting per the applicant's request. The applicant has decided to withdraw the zoning request and has provided a letter of withdrawal to Town staff. Attached Documents: 1. A letter from the applicant requesting to withdraw the zoning request. Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council accept the applicant's request to withdraw zoning case Z06-15. Agenda Item No. 9. Page 1 of 1 \ \ )k 3 )( � \ ]\ D k � kt o Z■ � a ./ & f££ Z 3 ;)C * f \cm co to fs J a . tsf - §� /\ /}k ;7 � «# 6 �§ | ab §\# �7 • ƒ S TOWN 0 S PLf To: Mayor and Town Council From: Matthew D. Denton, Town Secretary ADMINISTRATION Regular Meeting Prosper Town Council July 10, 2007 - 6:00 p.m. Xc: Kevin Carruth, Interim Town Manager Re: Annexation of approximately 6.419 acres of land generally located on the southwest corner of Prosper Trail and North Coleman. Description: Council accepted the petition for the voluntary annexation of approximately 6.419 acres of land located on the southwest corner of Prosper Trial and North Coleman at their May 22, 2007 meeting. This is the second of two public hearings required to annex the property. Following is a service plan for the property Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 10 TOWN OF PROSPER TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT & COUNTY: CURRENT PROPERTY OWNER: 07-xx July 24, 2007 Approximately 6.419 acres Collin County School Land Survey, Abstract 147, Collin County Lattimore Matterials MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE 1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES I. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION 1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES I. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 %z) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. 1. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (4-1/2) YEARS AFTER THAT DATE. J. MISCELLANEOUS 1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. .L,VHU,LE A VN,7700 •AI 0 e U W c6 Ro _ /_�\j__ • ZC68Y J.E. SMITH, LAND SURVEYOR 5269 HWY 377 SOUTH AUBREY, TEXAS 76227 (940) 365-9289 EXHIBIT "A" 6.419 Acre Tract LATTIMORE MATERIALS CO., LP All that certain tract or parcel of land lying and being situated in Collin County, Texas, part of the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, and being that same tract said to contain 7.00 acres as described in a deed to Dozier living Trust recorded In Volume 4861, page 267 of the Collin County Land Records, LESS a tract said to contain 0.677 acres conveyed to the City of Prosper and described in an instrument recorded under County Clerk's # 04-177886, said tract or parcel of land is herein described as follows; to wit: COMMENCING at an 112 inch iron rod found in the center of N. Coleman Street (Old Highway No. 289) for the Northeast corner of the J.D. McElhannon 153.8 acre tract described in a deed recorded in Volume 215, page 249 of the Collin County Deed Records; THENCE with the North line of said McElhannon tract along the center of County Road No. 4, North 89 degrees 32 minutes 44 seconds West 30.00 feet to a point for the Northeast corner of said 7.00 acre tract and the Northeast corner of said record 0.677 acre tract; THENCE South 01 degrees 03 minutes 58 seconds West 46.00 feet to an 112 inch iron rod set on the East line of said called 7.00 acre tract for the Southeast corner of said record 0.677 acre tract and the Northeast corner and Place of BEGINNING of the premises hereinafter described; THENCE South 01 degrees 03 minutes 58 seconds West along the West line of N. Coleman Street 459.31 feet to an 112 inch iron rod set at the Southeast corner of said called 7.00 acre tract for the Southeast corner hereof, said corner being the Northeast corner of a tract said to contain 2.99 acres as described in a deed Robert F. Clarke recorded in Volume 2316, page 988 of the Collin County Land Records; THENCE North 89 degrees 34 minutes 33 seconds West 654.51 feet to an 1/2 inch iron rod found on the East line of the Burlington Northern & Santa Fe Railroad right-of-way at the Southwest corner of said called 7.00 acre tract for the Southwest corner hereof, said corner being the Northwest corner of said 2.99 acre tract; THENCE along the East line of said Railroad right-of-way, North 12 degrees 21 minutes 00 seconds East 469.72 feet to an 1/2 inch iron rod set for the Southwest corner of said record 0.577 acre tract and Northwest corner hereof, THENCE along the South line of right-of-way dedicated for County Road No. 4, South 89 degrees 32 minutes 44 seconds East a distance of 562.69 feet to the Place of BEGINNING and containing 6.419 acres of land. PITOWN OF SPER To: Mayor and Town Council From: Matthew D. Denton, Town Secretary ADMINISTRATION Regular Meeting Prosper Town Council July 10, 2007 - 6:00 p.m. Xc: Kevin Carruth, Interim Town Manager Re: Annexation of approximately 24.296 acres of land generally located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway. Description: Council accepted the petition for the voluntary annexation of approximately 24.296 acres of land located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway at their May 22, 2007 meeting. This is the second of two public hearings required to annex the property. Following is a service plan for the property Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 11 TOWN OF PROSPER, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 07-xx DATE OF ANNEXATION ORDINANCE: July 24, 2007 ACREAGE ANNEXED: Approximately 24.296 acres SURVEY, ABSTRACT & COUNTY: Collin Comity School Land Survey, Abstract 147, Collin County CURRENT PROPERTY OWNER: Brenda Browning MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE I. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES I. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES I. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS 1S PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES I. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 ''/z) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES I. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (4-1/2) YEARS AFTER THAT DATE. J. MISCELLANEOUS I. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. § \ $ Q� E � M, I � . � &e § K � \ g F \\ Page 2 of 2 Metes and Bounds Description: (20.193 Acres BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, in Collin County, Texas, and being all of that tract of land being known as Tract I, Tract II and IV, described by deed to Brenda Joyce Savoy (hereinafter referred to as Savoy tract) as recorded in Volume 4140, Page 127, of the Deed Records of Collin County, Texas (D.R.C.C.T.) and also being all of that tract of land described by deed to Brenda Joyce Savoy, now known as, Brenda J. Browning (hereinafter referred to as Browning tract), as recorded in Volume 5510, Page 3951, D.R.C.C.T. and also being part of that tract of land described by deed to Lelia Joyce Weems, Ronald Earl Weems, Rickie Eugene Weems and Brenda Joyce Browning recorded in Volume 3493, Page 308 and Volume 4635, Page 1690, D.R.C.C.T., said tract being more particularly described as follows: BEGINNING at a p.k. nail set for the northeast corner of said Tract IV, some being in First Street (County Road No. 3), said corner also being the northwest corner of WARREN / AVANT—GARDE ADDITION , as recorded in Volume 2006, Page 615, of the Map Records of Collin County, Texas; THENCE South 00'18'44" East, along the west line of said WARREN / AVANT—GARDE ADDITION , a distance of 1347.15' o a 1/2" iron pipe found for the southeast corner of Tract IV of said Savoy Tract, some being the southwest corner of a tract of land described by deed to Warren Cattle Family, L.P., as recorded under County Clerk's File No. 2004-0177021, D.R.C.C.T. and also being in the north line of that tract of land described by deed to Tollway & 380—Wally, Ltd., Zero Business Park, Inc. and Whitt Properties, L.L.C., as recorded under County Clerk's File No. 20060523000700470, D.R.C.C.T.; THENCE South 89'56'45" West, along the south line of said Savoy and Browning tracts, a distance of 734.93' to a 1/2" iron rod with cap found for the southeast corner of a called 2.681 acre tract of land described by deed to Collin County, Texas, recorded under Clerk's File No. 20060313000324730, D.R.C.C.T. and also being the northeast corner of a called 12.77 acre tract of land also described by deed to Collin County, Texas, recorded in Volume 5748, Page 4400, D.R.C.C.T.; THENCE North 01'43'46" East, along the east line of said 2.681 acre tract, a distance of 261.36' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set at the beginning of a tangent curve to the left, having a radius of 5744.58', a central angle of 01'51'54", a chord which bears N00'38'25"E and a chord length of 186.99'; THENCE along said tangent curve to the left, an arc length of 187.00' to a 1/2" iron rod with a yellow plastic cap found for the northeast corner of said 2.681 acre tract, same being the southeast corner of a called 2.697 acre tract of land also conveyed to Collin County, Texas, as recorded under County Clerk's File No. 20060912001319460, D.R.C.C.T., some being in the south line of a tract of land described by deed to Perspolis Oriental Rugs of Dallas, Inc., as recorded in Volume 5889, Page 1784. D.R.C.C.T.; THENCE North 89'41'02" East, along the south line of said Perspolis Oriental Rugs of Dallas. Inc. tract and the north line of said Weems/Browning tract, a distance of 221.90' to a called 1/2" iron pipe found for the northeast corner of said Weems/Browning tract, some being the southeast corner of said Perspolis Oriental Rugs of Dallas, Inc. and also being in the west line of said Tracts I and II of said Savoy tract; THENCE North 00'17'12" West, along the east line of said Perspolis tract, a distance of 447.10' to a called 2" iron pipe found for the northeast corner of said Perspolis tract; THENCE South 89'44'02" West, along the north line of said Perspolis tract, a distance of 229.69' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set for corner, said corner being the northeast corner of a called 2.697 acre tract of land described by deed to Collin County, Texas, as recorded under County Clerk's File No. 20060912001319460, •z D.R.C.C.T., said corner also being the southeast corner of a called 2.597 acre tract of land described by deed to Collin County, Texas, as recorded under Clerk's File No. 20060313000324750, D.R.C.C.T.; THENCE North 01'25'45" West, along the east line of said 2.597 acre tract, a distance of 446.12', to a p.k. nail found in said County Road No. 3, said corner being the northeast corner of said 2.597 acre tract, said corner bears N89'30'22"E, a distance of 249.61', from a p.k. nail found at the intersection of County Road No. 27 and said First Street, same being the northwest corner of said 2.597 acre tract; THENCE North 89'30'22" East, along First Street, some being the north line of said Savoy and Browning ,�F, OF tracts, passing a 1/2" iron rod with cap found, at a distance of 11.88', a p.k. nail found at a distance , g9isrB of 24.70', a a p.k. nail found at a distance of 236.84', a a p.k. nail found at a distance of 399.00' and passing a p.k. nail found, at a distance of 498.00' and continuing in all a total distance of M[CHAEL H. . 738.79' to the POINT OF BEGINNING and containing 20.193 acres of land, more or less. .i•�.e 5686 DATE: 04/30/07 Annexation Exhibit SCALE: 1" = 60, 20.193 Acres North Texas Surveying, L.L.C. Collin County Schoolus-, Registered Professional Land Surveyors CALL. BY: C.S.H. Land Survey 1515 South McDonald St., Suite 110, DRAWN BY: C.S.H. Abstract No. 147 MoYdnney, Tx. 75069 Collin County Texas Ph. (469) 424-2074 Fax: (469) 424-1997 JOB NO.: 2007-0015-1 www.northtexassurveying.com To: Mayor and Town Council From: Kevin Carruth, Interim Town Manger Re: Direction Requested on Smoking Ordinance Date: July 6, 2007 Agenda Item: Discuss and give direction regarding development of a smoking ordinance. Description of Agenda Item: Council has requested staff to develop an ordinance to regulate smoking; however, given the broad range of the level of regulation possible, staff needs guidance from Council before we can proceed. For example, some ordinances seek to eliminate smoking in any public place while others are only concerned with smoking in restaurants. Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: Sample ordinances from the cities of Austin, Dallas, Frisco, Plano, and Tyler as well as the state penal code. Board Committee and/or Staff Recommendation: Staff recommends defining as much as possible to what extent council wishes to regulate public smoking so that a draft ordinance can be prepared. Agenda Item No. 12 - Page 1 of 1 Penal code § 48.01. Smoking Tobacco (a) A person commits an offense if he is in possession of a burning tobacco product or smokes tobacco in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, or intrastate bus, as defined by Section 541.201, Transportation Code, plane, or train which is a public place. (b) It is a defense to prosecution under this section that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500. (c) All conveyances and public places set out in Subsection (a) of Section 48.01 shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under this section if the conveyance or public place within which the offense takes place is not so equipped. (d) It is an exception to the application of Subsection (a) if the person is in possession of the burning tobacco product or smokes tobacco exclusively within an area designated for smoking tobacco or as a participant in an authorized theatrical performance. (e) An area designated for smoking tobacco on a transit system bus or intrastate plane or train must also include the area occupied by the operator of the transit system bus, plane, or train. (f) An offense under this section is punishable as a Class C misdemeanor. Added by Acts 1975, 64th Leg., p. 744, ch. 290, § 1, eff. Sept. 1, 1975. Amended by Acts 1991, 72nd Leg., ch. 108, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 165, § 30.242, eff. Sept. 1, 1997. AUSTIN CHAPTER 12-5: SMOKING IN PUBLIC PLACES Section 12-5-1 Definitions 12-5-2 Chapter not to excuse noncompliance with other measures 12-5-3 Smoking in city facilities generally prohibited 12-5-4 Smoking in public places generally prohibited, and other offenses 12-5-5 Signs required in public places 12-5-6 Certain places exempt 12-5-7 Places of employment 12-5-8 Taxicabs 12-5-9 Disposition of filters Cross-reference: Smoking in food service establishments, see §§ 12-2-69, 12-2-128 Smoking in restricted areas at airport, see § 17-2-54 12-5-1 DEFINITIONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. DINING AREA means any area in which meals or entrees are served, but shall not include areas where the incidental service of hors d'oeuvres, snacks, pretzels, popcorn or similar items are provided, or where food sales in the area are less than five percent of revenues. EMPLOYEE means any person who is employed by an employer in consideration for monetary compensation or profit. EMPLOYER means any person, partnership, corporation, association or other entity that employs one or more persons. LIVE MUSIC VENUE means a facility where musicians perform live music at least three days per week and where a cover charge is collected at least two days per week when live music is being performed. PLACE OF EMPLOYMENT means any enclosed indoor area under the control of an employer to which employees have access during the course of employment, including but not limited to work areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias. A private residence is not a place of employment. (1) Any enclosed indoor area that is used by the general public, or that is a place of employment, and includes but is not limited to: stores, offices, professional, financial, and other commercial establishments; airports; restaurants; taverns; bars; lounges; enclosed shopping malls; public and private institutions of higher education; and the common areas of health care facilities; nursing and convalescent homes; and government subsidized senior citizen residential facilities; (2) The dining area of restaurants, bars, taverns or lounges; (3) A service line; (4) The outdoor seating area of restaurants, bars, taverns or lounges; (5) Any building or facility or portion thereof; owned, occupied, and under the management and control of the city; or (6) Any public swimming pool owned or operated by the city, inclusive of the entire area within the enclosure device, described in and required by Title 25 (Land Development Code), as amended, which surrounds such pool. SERVICE LINE means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. SMOKE or SMOKING means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or device, or the lighting of, emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind. SUBSTANTIALLY REMODELED means improvements to realty in excess of 35% of the real property value. ('81 Code, § 6-11-1) (Ord. 860116-I; Am. Ord. 940217-D) § 12-5-2 CHAPTER NOT TO EXCUSE NONCOMPLIANCE WITH OTHER MEASURES. Nothing in this chapter excuses noncompliance with any state or federal law, provisions of this code or any other applicable ordinance of the city, or any rule or regulation adopted pursuant thereto, which prohibits smoking. ('81 Code, § 6-11-2) (Ord. 860116-I; Am. Ord. 940217-D) § 12-5-3 SMOKING IN CITY FACILITIES GENERALLY PROHIBITED. Notwithstanding any other section of this chapter, smoking is prohibited in all buildings, or portions thereof, owned and under the management and control of the city, or occupied by city officials and employees. ('81 Code, § 6-I1-3) (Ord. 8601164; Am. Ord. 940217-D) § 12-5-4 SMOKING IN PUBLIC PLACES GENERALLY PROHIBITED, AND OTHER OFFENSES. (A) A person commits an offense if he: (1) Knowingly smokes in a public place and is not in an area designated as an employee smoking area or as a smoking area under this chapter; (2) Knowingly smokes in a taxicab that is not a taxicab in which smoking is permitted; (3) Knowingly smokes within 15 feet of any pedestrian entrance of a public place; (4) Is the owner, lessee or other person in charge of a public place, restaurant, bar, tavern, lounge, or taxicab and knowingly or intentionally permits, or fails to make a reasonable effort to prevent commission, by another, of the offense described within subdivisions (1) or (2) of this division; (5) Is the owner, lessee or other person in charge of the private property located within 15 feet of any entrance to a public place and knowingly or intentionally permits, or fails to make a reasonable effort to prevent commission, by another, of the offense described in subdivision (3) of this division; (6) Fails to have prominently displayed a no -smoking sign, a designated employee smoking area sign, or a designated smoking area sign as required by this chapter; or (7) Is the owner, lessee or other person in charge of any conveyance or place described in V.T.C.A., Penal Code § 48.01(a) as amended, and: (a) Fails to have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance and/or place; or (b) Fails to have such conveyance or place equipped with facilities for extinguishment of smoking materials. (8) Is an employer who operates a place of employment in the city and fails to adopt and implement a smoking policy which is consistent with the requirements of this chapter within three months of adoption of this chapter or upon opening for business, or fails to maintain thereafter a written smoking policy which is consistent with the requirements of this chapter; (9) Is an employer who operates a place of employment in the city and fails to communicate a smoking policy which is consistent with the requirements of this chapter to all employees within three weeks of adoption of the policy or fails to post the smoking policy conspicuously in all workplaces under the employer's jurisdiction. ('81 Code, § 6-11-4) (Ord. 860116-I; Am. Ord. 940217-D; Am. Ord. 960418-K) Penalty, see § 1-1-99 § 12-5-5 SIGNS REQUIRED IN PUBLIC PLACES. The owner, lessee or other person in charge of a public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited. The owner, lessee, or other person in charge of a public place shall post a sign, or signs, in each area designated as smoking. ('81 Code, § 6-11-5) (Ord. 860116-I; Am. Ord. 940217-D) § 12-5-6 CERTAIN PLACES EXEMPT. (A) Smoking may be permitted in the following areas and if smoking is so permitted the provisions of § 12-5-4(A)(1) shall not apply: (1) Tobacco specialty retail shops; (2) Private residences; (3) Hotel and motel rooms rented to guests; (4) Enclosed meeting or assembly rooms in restaurants, hotels, motels and other public places if the entire room is used for a private function; (5) In the bar or lounge areas of existing restaurants between 2:00 p.m. and 6:00 a.m. if: (a) An area encompassing not less than 25% of the seating in the bar or lounge is reserved for nonsmoking; (b) It is not in use as a dining area; and (c) On or before March 15, 1996, the bar or lounge area has a separate heating, ventilation and air conditioning (HVAC) system and shall have air filtering equipment; - (6) In existing bars, taverns and lounges if. (a) An area encompassing not less than 25% of the seating is reserved for nonsmoking; (b) It is not in use as a dining area; and (c) On or before March 15, 1996, the smoking area shall have a separate HVAC system and air filtering equipment unless the Council determines, upon request, that there is a financial hardship and grants a one-year extension; (7) In the bar or lounge areas of new or substantially remodeled restaurants between 2:00 p.m. and 6:00 a.m. if: (a) An area encompassing not less than 25% of the seating is reserved for nonsmoking; (b) It is not in use as a dining area; and (c) The smoking area shall have a separate HVAC system and air filtering equipment; (8) In new or substantially remodeled bars, taverns and lounges if. (a) An area encompassing not less than 25% of the seating is reserved for nonsmoking; (b) It is not in use as a dining area; and (c) The smoking area shall have a separate HVAC system and air filtering equipment; (9) In the dining area of an existing restaurant, bar or lounge if. (a) It is between 10:00 p.m. and 6:00 a.m. or the kitchen is closed and dining service is discontinued; (b) The area reserved for smoking is not larger in size than that proportionate to the number of users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge. The smoking section shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas, and so that air from the smoking area is not drawn across a nonsmoking area; and (c) On or before March 15, 1996, the smoking area has a separate HVAC system and air filtering equipment; (10) In the dining area of a new or substantially remodeled restaurant, bar or lounge if: (a) It is between 10:00 p.m. and 6:00 a.m. or the kitchen is closed and dining service is discontinued; (b) The area reserved for smoking is not larger in size than that proportionate to the number of users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge. The smoking section shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas, and so that air from the smoking area is not drawn across a nonsmoking area; and (c) The smoking area has a separate HVAC system and air filtering equipment; (11) In bingo facilities if, within one year of passage of this chapter; (a) A separate enclosed nonsmoking area with a separate HVAC system is provided; (b) The smoking area has a separate HVAC system and air filtering equipment; and (c) No one under the age of 18 is admitted; (12) In existing bowling alleys if: (a) In a designated bar, concourse or lounge area; (b) If the area reserved for smoking is not larger in size than that proportionate to the number of users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge, and the nonsmoking area will encompass not less than 25% of the seating in the bar, concourse or lounge area. The smoking area shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas, and so that air from the smoking area is not drawn across a nonsmoking area; and (c) On or before March 15, 1996, the smoking area shall have a separate HVAC system and air filtering equipment; (13) In new bowling alleys if: (a) In a designated bar, concourse or lounge area; -(b) If the area reserved for smoking is not larger in size than that proportionate to the number of users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge, and the nonsmoking area will encompass not less than 25% of the seating in the bar, concourse or lounge area. The smoking area shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas, and so that air from the smoking area is not drawn across a nonsmoking area; and (c) The smoking area has a separate HVAC system and air filtering equipment; (14) In a special separate dining area, of any restaurant, bar, tavern or lounge with an area serving as a dining area in compliance with this chapter, between the hours of 2:00 p.m. and 6:00 a.m. if the separate dining area is enclosed on all sides and has a separate HVAC system or if it is enclosed on three sides, has a separate HVAC system and is removed by 15 feet from any area in which smoking is not allowed and shall have air filtering equipment by March 15, 1996. The smoking area shall not exceed an area larger in size than that proportionate to the number of users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge. The smoking section shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas, and so that air from the smoking area is not drawn across a nonsmoking area; (15) In the dining area of restaurants with a seating capacity of less than 50 between 2:00 p.m. and 6:00 a.m. if the area reserved for smoking is not larger in size than that proportionate to the number of users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge, and shall have air filtering equipment by March 15, 1996. The smoking section shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas, and so that air from the smoking area is not drawn across a nonsmoking area; (16) In outdoor seating areas of restaurants, bars, taverns and lounges if an area encompassing at least 25% of the seating is reserved for nonsmoking; (17) In a new or existing multifloor atrium area where it is not practical to provide a bar or bar area with a separate HVAC system and air filtering equipment if: (a) An area encompassing not less than 25% of the seating in the atrium bar or lounge area is reserved for nonsmoking; (b) The area reserved for nonsmoking is separated by no less than 15 feet from the smoking area; and (c) It is not in use as a dining area; or (l 8) Live music venues that offer at least 25% nonsmoking shows per week of at least two hours' duration. (B) (1) Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any public place described in this section may declare that entire public place or any portion of the public place as a nonsmoking area. The owner, operator, manager, or other person who controls the public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited. (2) A person commits an offense if he knowingly smokes in any public place or portion thereof declared a nonsmoking area in accordance with subdivision (13)(1) of this section. ('81 Code, § 6-11-6) (Ord. 860116-I; Am. Ord. 940217-D) § 12-5-7 PLACES OF EMPLOYMENT. Each employer, other than the city, who operates a place of employment in the city shall, within three months of adoption of this chapter or upon opening for business, adopt, implement and maintain a written smoking policy which is consistent with the requirements of this chapter. If smoking will be permitted, the policy shall contain, at a minimum, the following provisions and requirements: (A) The owner, lessee or other person in charge of a public place may, but is not required to, designate one or more areas as smoking areas for the use of the employees as part of the smoking policy provided for in this section. A designated employee smoking area may include private enclosed offices. Designated employee smoking areas may be located in areas to which employees, but not the general public, except by invitation only, have access during the course of employment. A common employee work area shall not be designated as an employee smoking area unless every person who works in that area agrees in writing to the designation. In no event shall an employee restroom or an area containing food or drink dispensing facilities be designated as an employee smoking area. (B) If such employee smoking area is designated, each such smoking area shall: (1) Be in an area set aside for the use of employees, but not accessible to members of the general public except by specific invitation of the employer or employee; (2) Be no larger in size than proportionate to the preference of smoking employees normally requesting a smoking area and such area size can be determined by the owner, lessee or other person in charge; (3) Be ventilated to prevent the mixing of air from the designated employee smoking area to other areas or the public areas; (4) -Be a physically enclosed area separated from nonsmoking areas; (5) Be designated by appropriate signs which are clearly visible to employees and members of the public entering the area; and (6) Contain ashtrays, containers or other facilities for the extinguishment of smoking materials. (C) The smoking policy shall be communicated within three weeks of adoption to all employees and posted conspicuously in all workplaces under the employer's jurisdiction. (D) The owner, lessee or other person in charge of a public place that designates one or more areas as designated smoking areas for the public shall not require employees to work in a designated smoking area if the employees request to work in a nonsmoking area. ('81 Code, § 6-11-7) (Ord. 860116-I; Am. Ord. 940217-D) § 12-5-8 TAXICABS. (A) The holder of any franchise to operate a taxicab service within the city may, but is not required to, designate one or more of the taxicabs operated pursuant to said franchise, as taxicabs in which smoking is permitted. (B) Each taxicab shall be designated by notices clearly visible to persons entering or in the taxicab as a taxicab in which smoking is permitted or a taxicab in which smoking is not permitted. ('81 Code, § 6-11-8) (Ord. 860116-I; Am. Ord. 940217-D) § 12-5-9 DISPOSITION OF FILTERS. All filters used in HVAC systems and other air filtration devices under this chapter shall be disposed of in compliance with requirements established by the Texas Natural Resources Conservation Commission. ('81 Code, § 6-11-10) (Ord. 860116-I; Am. Ord. 940217-D) TYLER ARTICLE II. SMOKING PROHIBITED Sec. 4-40. Definitions. In this chapter: (a) Public meeting means a meeting required to be open to the public under Article 6252-17, Vernon's Texas Civil Statutes. (b) Public place means an enclosed, indoor area to which the public has access (except bingo businesses, restaurants or cafeterias) and includes, but is not limited to: (1) The common areas of a retail store, office, grocery store, or other commercial establishments. (Note) (2) A public or private primary or secondary school; (3) A public or private institution of higher education; (4) A hospital or nursing home; (5) An enclosed theater, auditorium, movie house, or arena; (6) An elevator; (7) City and school buses, including associated terminals; (8) "City building" owned or leased by the city and used for city purposes; or (9) A courtroom or a jury waiting or deliberation room. (10) Despite the general exemption of cafeterias, smoking is prohibited in their customer waiting line areas for food service. (c) Smokes or smoking includes: (1) Carrying or holding a lighted pipe, cigar, cigarette of any kind or any other lighted smoking equipment or device; (2) Lighting a pipe, cigar or cigarette of any kind or any other smoking equipment or device; or (3) Emitting or exhaling the smoke of pipe, cigar, or cigarette of any kind or any other smoking equipment or device. (d) Place of employment means any enclosed, indoor area under the control of an employer to which employees have access during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias; a private residence is not a place of employment unless it is used as a child or health care facility. (Ord. No. 0-87-29, Pt. 1, 7-10-87; Ord. No. 0-92-42, Pt. 1, 9-4-92) 170 Sec. 4-41. Offense; penalty. a. A person commits an offense if the person smokes at a "public meeting" or in a "public place" or in any other enclosed, indoor area, in which "No Smoking" signs are conspicuously posted by the person in charge; and the person is not in an area designated as a smoking area under section 4-42 of this article. All city inspectors and other code enforcement personnel are authorized to issue citations for violations of this article. b. The owner or person in control of an establishment or area designated as nonsmoking shall post a conspicuous sign at the main entrance to the establishment or in prohibited areas and provide an ashtray for extinguishing smoking materials. The sign shall contain the words "No Smoking except in designated areas, City of Tyler Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking. c. Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this article shall be fined an amount not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00); provided, however, in the event a defendant has previously been convicted under this section, defendant shall be fined an amount not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for a second conviction hereunder, and shall be fined an amount not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00) for a third conviction hereunder and for each conviction thereafter. Each day that a violation is permitted to exist shall constitute a separate offense. d. It is an exception to the application of subsection a. of this section that the person is smoking: 1. In a situation in which the person is present at an event in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function; 2. As a participant in an authorized theatrical performance; 3. In an establishment which has more than seventy (70) percent of its annual gross sales in alcoholic beverages; 4. In a physically separated bar area for the sale of alcoholic beverages; or 5. A tobacco specialty shop. Smoking shall be allowed and smoking signs are not required to be posted by the person in charge when smoking is permitted herein. (Ord. No. 0-87-29, Pt. 1, 7-10-87; Ord. No. 90-36, Pt. 1, 8-21-90; Ord. No. 0-94-24, Pt. 1,3-22-94) Sec. 4-42. Designation of no smoking and smoking areas. a. The person in charge of "public places" or "places of employment" shall designate the following areas as "No Smoking": Food order areas, cashier areas, and check-out lines for stores; 2. City library; Elevators; 4. City and school buses, including associated terminals; Restrooms; 6. Seventy-five (75) percent of the area of all "public places'; 171 7. Seventy-five (75) percent of the area of all "places of employment". b. The person in charge of "public places" or "places of employment" may designate the following areas as "Smoking": Twenty-five (25) percent of the area of all "public places"; or 2. Twenty-five (25) percent of the area of all "places of employment". It is not required that any smoking areas be designated. (Ord. No. 0-87-29, Pt. 1, 7-10- 87) Sec. 4-43. Signs; owner compliance. The person in charge of a "public place" or "place of employment" shall place signs visible at each entrance of the building to notify persons entering that smoking is prohibited or that smoking is prohibited except in areas designated as smoking areas and shall provide city inspectors with an affidavit verifying compliance with this requirement. "City inspectors" shall mean any city employee designated or directed by the city manager to enforce compliance with this article. Such inspectors shall perform this activity in addition to their other activities such as health, fire, private club or other code compliance duties. The person in charge of a "public place" or "place of employment" shall conspicuously post signs in an area designated as a smoking area stating that smoking is permitted in the area. (Ord. No. 0-87-29, Pt. 1, 7-10-87) Sec. 4-44. Owner not responsible. This article does not require the owner, operator, manager, or any employee of any establishment to report a violation or to take any action against any individual violating these smoking prohibitions.(Ord. No. 0-87-29, Pt. 1, 7-10-87) Sees.4-45 through 4-49 Reserved. CITY OF FRISCO, TEXAS ORDINANCE NO.:. N- I I -I I AN ORDINANCE OF THE CITY OF FRISCO, TEXAS, AMENDING FRISCO CODE OF ORDINANCES CHAPTER 54, ARTICLE H AND ORDINANCE NO. 00-12-12 REGULATING SMOKING; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Frisco, Texas ("City Council") has investigated and determined that Chapter 54, Article II of the City of Frisco, Texas ("Frisco"), Frisco Code of Ordinances and Frisco Ordinance No. 00-12-12, which sets out to improve and protect the public's health by eliminating smoking in public places and places of employment and guarantees the right of nonsmokers to breathe smoke -free air should be amended; and WHEREAS, the City Council finds that any food products, retail or service establishment serving the general public that provides a designated smoking area with an installed functional air purification system or functional separate ventilation system on the effective date of this Ordinance, as required by Frisco Ordinance No. 00-12-12, and which installed said system less than five (5) years prior to the effective date of this Ordinance shall be entitled to the benefit of the use of their investment for a period up to five (5) years before being required to prohibit smoking in compliance with this Ordinance; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Frisco to amend Chapter 54, Article II of the Frisco Code of Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS: SECTION 1: Findings Incorporated and Renaming of Article II. Chapter 54. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Article II of Chapter 54 of the Frisco Code of Ordinances, entitled "Smoking in Public Places" is hereby renamed "Article II. Regulation of Smoking". ORDINANCE AMEND[NO SMOKING REGULATIONS Page l of 464038.v6 SECTION 2: Amendment to Frisco Code of Ordinances, Chanter 54, Article II (Regulation of SmokinA)L Section 54-19 (Definitions) and Frisco Ordinance No, 00-12-12. Frisco Ordinance No. 00-12-12 and Frisco Code of Ordinances, Chapter 54, Article 11 (Regulation of Smoking), Section 54-19 (Definitions) is hereby amended to add the following definitions, to be inserted in alphabetical order: Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any persons who volunteers his or her services for a nonprofit entity. Employer means any person, partnership, entity, corporation, including a municipal corporation, or -nonprofit entity, which employs the services of one or more individual persons or entities. Place of employment means any enclosed area under the control of public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a licensed child care, adult day care or health care facility. Sports arena means sports stadiums, sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. SECTION 3: Amendment to Frisco Code of Ordinances. Chapter 54 Article H (Regulation of Smoking) paragraph (a) of Section 54-20 (Smoking Prohibited in Certain Public Areas). and Frisco Ordinance No. 00-12-12, Frisco Code of Ordinances, Chapter 54, Article II (Regulation of Smoking), paragraph (a) of Section 54-20 (Smoking Prohibited in Certain Public Areas) is hereby amended to read as follows: ORDINANCE AMENDING SMOKING REGULATIONS page 2 Ora 464038.v5 54-20. Smoking Prohibited in Certain Public Areas. (a) A person commits an offense in violation of this article if he/she smokes or possesses a burning tobacco, weed or other plant product in any of the following indoor and/or enclosed areas: (1) a public or private preschool, primary or secondary school; or (2) elevators, museums, libraries, galleries, public transportation facilities open to the public and service lines of establishments doing business with the general public; or (3) hearing rooms, conference rooms, meeting rooms or any public service area of any facility owned, operated or managed by Frisco in which business is conducted, when the public business requires and/or provides an opportunity for direct participation and/or observation by the general public; or (4) any building or sports arena which is used for or designated for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital, athletic event or any other event whenever open to the public, including all restrooms and any area commonly referred to as a lobby; however, smoking, which is a part of a stage performance, is permitted; or (5) any retail or service establishment serving the general public, including but not limited to, any food products establishment, department store, restaurant, grocery store, private club, bingo parlor, bowling center, drug store, shopping mall, hair styling salons, including service lines; or (6) all restrooms open for public use; or "i (7) all areas in a ]aundromat open to and available to use by the public; or (8) within all areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, commercial, financial and professional offices, including banks, hotels and motels; or (9) within twenty (20) linear feet of any entrance of any facility where smoking is prohibited. ORDINANCE AMENDING SMOKING REGULATIONS Pogo 3 of 8 464038.v5 SECTION 4: Amendment to Frisco Code of Ordinances Chapter 54 Article II (Regulation of Smoking) Section 54-23 (Compliance) and Frisco Ordinance No 00-12-12. Frisco Code of Ordinances, Chapter 54, Article Il (Regulation of Smoking), Section 54-23 - (Compliance) is hereby amended to read as follows: 54-23. Compliance (a) The building official, Code Enforcement, or other city official designated by the City Manager, shall be responsible for compliance with this article as to facilities which are owned, operated or leased by the city. The building official shall provide each applicant applying for a non-residential certificate of occupancy with a copy of this article. (b) The owner, operator, person in charge or manager of any facility regulated by this article shall comply with the provisions of this article, (c) The building official, Code Enforcement, or other city official designated by the City Manager, in his sole discretion, may enforce this article by any of the following actions: (1) Serving written notice on the owner, operator, person in charge or manager of any facility, business or agency within the purview of this article, requiring the correction, within a specified reasonable time frame, of any violation of this article; (2) Requesting the city attorney to maintain an action for injunction to enforce the provisions of this article, to cause the correction of any such violation and for assessment and recovery of a civil penalty of such violation, including attorneys' fees; or (3) Issuing a municipal court citation to any violator of this article. P, The remedies contained herein are cumulative of and in addition to any other remedies that are available to the city at law or in equity. (d) Any person may file a complaint with the city to initiate enforcement by the city. (e) In undertaking the enforcement of this article, the city is assuming an undertaking only to promote the general health, safety and welfare of its citizens. The city is not assuming any duty or obligation, nor is it imposing any duty and/or obligation on its officers and/or employees, nor is it liable in money damages or otherwise to any person who claims that the city and/or one of its officers and/or employees breached any such obligation, and the breach proximately caused injury. ORDINANCE AMENDING SMOKING REGULATIONS Pago 4 of B 464038.v5 (f) This article shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws. SECTION 5: Amendment to Frisco Code of Ordinances. Chapter 54 Article II (Regulation of Smoking). Section 54-24 (Where Smoking is Not Prohibited) and Frisco Ordinance No. 00-12-12. Frisco Code of Ordinances, Chapter 54, Article 11 (Regulation of Smoking), Section 54-24 (Where Smoking is Not Prohibited) is hereby amended to read as follows: 54-24. Where Smoking is Not Prohibited. Notwithstanding any other provision of this Ordinance to the contrary, smoking is not prohibited in the following areas: (1) private residences, except when used as a licensed child care, adult day care or health care facility; or (2) hotel and motel rooms rented to guests, if permitted by the hotel or motel; or (3) retail tobacco stores that have an enclosed, separately ventilated smoking room that exhausts directly to the outside environment; or (4) any area exterior to the building in which the establishment or facility is located, except as otherwise regulated under section 54-20(a)(9); or (5) in the designated smoking areas of any food products, retail or service establishment serving the general public which has, prior to the effective date of this Ordinance, provided a designated smoking area equipped with a functional air purification system or functional separate ventilation system and the functional air purification system or functional separate ventilation system was installed not more than five (5) years prior to the effective date of this Ordinance. This exception allowing such a smoking area shall no longer apply to an establishment upon the fifth anniversary of the date the functional air purification system or functional separate ventilation system was installed at the premises. During the time this exception does apply, such systems shall: (i) have a negative pressure on the area designated for smoking to prevent air from a smoking area to be drawn across or into the non-smoking area; and (ii) provide a total air exchange every fifteen (15) minutes and shall exhaust that air to the exterior of the building. In addition, a sign must be posted on the premises in a conspicuous place to advise the public that smoking is permitted in the designated smoking area. Designated ORDINANCE AMENDING SMOKING REGULATIONS Pages of 464038.v5 smoking areas shall not include restrooms, service lines, public telephone areas, and other areas commonly used by all patrons, including access thereto (called "Common Areas"). SECTION 6: Amendment to Frisco Code of Ordinances Chanter 54 Article II (Regulation of Smoking) Section 54-25 (No Commingling of air/testing Requirements) and Frisco Ordinance No. 00-12-12. Frisco Code of Ordinances, Chapter 54, Article 11 (Regulation of Smoking), Section 54-25 (No Commingling of air/testing Requirements) is hereby amended to read as follows: Sec. 54-25. No commingling of air/testing requirements. It is the intent of this article to dekine distinct and separate areas for smoking and nonsmoking use to assure a smoke free atmosphere in nonsmoking areas and prohibit the commingling of air between such areas. All air purification systems, air barrier systems and air ventilation systems for designated smoking areas permitted by this article shall be tested and such test shall be observed by the building official at the time of installation and at least once every six months thereafter to ensure compliance with this article. SECTION 7: Amendment to Frisco Code of Ordinances Chanter 54 Article II (Regulation of Smoking). Section 54-26 (Penalty Provision) and Frisco Ordinance No 00 12 12. Frisco Code of Ordinances, Chapter 54, Article 11 (Regulation of Smoking), Section 54-26 (Penalty Provision) is hereby amended to read as follows: 54-26. Violations and penalties. (a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with all of its provisions, except for violations noted in subsection (b) of this section 54-26. (b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article, (c) Any person who violates any provision of this article shall be guilty of an offense punishable by: (1) A fine not exceeding one hundred ($100.00) dollars for the first violation; (2) A fine not exceeding two hundred ($200.00) dollars for a second violation within a one year period of the first violation. ORDINANCE AMENDING SMOKING REGULATIONS Page 6 of S 464038A (3) A fine not exceeding five hundred ($500.00) dollars for an additional violation within a one year period of the first violation. SECTION 8: Amendment to Frisco Code of Ordinances, Chapter 54, Article II (Regulation of Smoking to add Smoke Free Work Environment Regulations. Frisco Code of Ordinances, Chapter 54, Article II (Regulation of Smoking) is hereby amended to add the following regulations regarding smoke free work environments (said section to be numbered when added to the Code): Prohibition of Smoking in Places of EmpIoyment. (a) It shall be the responsibility of employers to provide a smoke -free workplace for all employees. (b) Each employer having any enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment without 'exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. (c) The smoking policy shall be communicated to all employees within four weeks of its adoption. (d) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. SECTION 9: Savings/Repealing Clause. All provisions of any ordinance in conflict with r} this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 10: Severability. Should aiiy section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Frisco hereby declares that it would have passed this Ordinance, and each ORDINANCE AMENDING SMOKING REGULATIONS Page 7 arS 464038.v5 section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 11: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS on this _± day of 14oLt_,e,C , 2006. ATTESTED TO AND CORRECTLY RECORDED BY: ell . ,•AA, City Secretary APPROVED AS TO FORM: JLl-�2. r4o± ABERNATHY, OEDER, BOYD & JOPLIN, P.C. JULIE Y. FORT City Attorneys cz '. DATESOFPUBLICATION: 11 O/Zf)tola Lt �Tla(�= Frisco Enterprise ORDINANCE AMENDING SMOKING REGULATIONS 464038A Page 8 of ORDINANCE NO. 2007-4-6 AN ORDINANCE OF THE CITY OF PLANO, TEXAS, REPEALING SECTIONS 14-66 THROUGH 14-72 OF ARTICLE IV, SMOKING, OF CHAPTER 14, OFFENSES. - MISCELLANEOUS OF THE CODE OF. ORDINANCES OF THE CITY OF PLANO AND ADOPTING NEW REGULATIONS TO BE DESIGNATED AS SECTIONS 14-66 THROUGH 14-71 OF ARTICLE IV, SMOKING, OF CHAPTER 14, OFFENSES - MISCELLANEOUS TO REVISE THE SMOKING REGULATIONS MAKING THE CITY OF PLANO A SMOKEFREE ENVIRONMENT; PROVIDING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALING CLAUSE, A PUBLICATION CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Director of Health of the City of Plano recommended revisions of the current smoking regulations to protect the health, safety and welfare of citizens by creating a smokefree environment for the City of Plano; and WHEREAS, on November 14, 1994, the City Council of the City of Plano passed Ordinance Nos. 94-11-22 and 94-11-33, amending Article IV, to regulate smoking; and WHEREAS, on August 28, 1995, the City Council of the City of Plano passed Ordinance No. 95-8-42, amending Section 14-66, Section 14-72 and Section 14-66.1; and WHEREAS, it is a generally accepted principle that the use of cigarettes, second-hand smoke and other tobacco products constitute a hazard to a person's health; and WHEREAS, the purpose of this chapter is to improve and protect the public's health by eliminating smoking in public places and places of employment and; WHEREAS, upon recommendations of the City staff and upon full review and consideration of all matters attendant and related thereto, the City Council finds and determines that it is necessary to repeal Ordinance Nos. 94-11-22, 94-11-33 and 95-8-42, codified in Article IV, Smoking, of Chapter 14, Offenses - Miscellaneous, of the Code of Ordinances for the City of Plano, Texas and replace those ordinances with these new regulations designated as Sections 14- 66 through 14-71 of Article IV, Smoking, of Chapter 14, Offenses - Miscellaneous. NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS, THAT: Section I. Ordinance Nos. 94-11-22 and 94-11-33 passed on November 14, 1994, and Ordinance No. 95-8-42, passed on August 28, 1995, codified in Article IV, Chapter 14 of the Code of Ordinances, are hereby repealed in their entirety. ORDINANCE NO. 2007-4-6 Page 2 Section II. Sections 14-66 through 14-71 of Article IV, Smoking, of Chapter 14, Offenses — Miscellaneous, of the Code of Ordinances of the City of Plano, Texas, is hereby replaced to read verbatim as follows: "ARTICLE IV. SMOIUNG Section 14-66 Definitions. In this Article: "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. A "bar" includes those facilities located within a hotel, motel or other similar transient occupancy establishment. "Business" means -any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit -making or not -for -profit purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "Director of Health" means the director of the health department or the department's designated representative. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit. "Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, which employs the services of one or more individual persons. "Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling. "Food establishment" means food product or food service establishments. "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health care facility. "Private place" means any enclosed area to which the public is not invited or in which the public is not permitted, including but not limited to, personal or private residences; private social clubs or personal automobiles. ORDINANCE NO. 2007-4-6 Page 3 "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks; educational facilities; health facilities; laundromats; public transportation facilities; reception areas; production and marketing establishments; retail service establishments; retail stores; theaters and waiting rooms. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. "Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or combustible substance in any manner or in any form. "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. Section 14-67 Places where smoking is prohibited. A. Smoking shall be prohibited in all enclosed public places and enclosed places of employment within the city, including, but not limited to, the following places: 1. Elevators; 2. Restrooms, lobbies, reception areas, hallways and any other common -use areas; 3. Buses, bus terminals, taxicabs, train stations, airports and other facilities and means of public transit, as well as ticket, boarding, and waiting areas of public transit depots; :z 4. Service lines; 5. Retail stores; 6. All areas available to and customarily used by the general public in all businesses, including but not limited to, attorneys' offices and other offices, banks, laundromats and country clubs; ORDINANCE NO. 2007-4-6 7. Enclosed facilities within a place of employment; 8. Food establishments, nightclubs and bars; 9. Galleries, libraries, museums, zoo facilities and their grounds; Page 4 10. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance except when smoking is a part of a theatrical performance upon a stage or in the course of a film or television production and smoking is part of the performance or production; 11. Sports arenas and convention halls, including bowling and billiard facilities; 12. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city; 13. Waiting rooms, hallways, wards, private and semiprivate rooms of physical and mental health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices; 14. Lobbies, hallways, and other common areas in apartment buildings,, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple -unit residential facilities; 15. Polling places; 16. Bingo games/parlors; 17. Hotels and motels, including at least ninety percent (90%) of rooms rented to guests; z 18. Within 25 feet of any door, operable window/vent or other opening to an indoor enclosed area. Section 14-68 Places where smoking is not prohibited. A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: 1. Private residences, except when used as a child care, adult day care or health care facility; 2. Personal automobiles; ORDINANCE NO. 2007-4-6 Page 5 3. Retail tobacco stores in stand alone physical facilities; 4. Not more than ten percent (10%) of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under provisions of this article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms; 5. Outdoor places of employment except within 25 feet of any door, operable window/vent or other opening to an enclosed area. Section 14-69 Posting of signs. A. The owner, manager or other person having control of such building or premise where smoking is prohibited by this chapter shall have a conspicuously posted sign clearly stating "no smoking' at each entrance, whether for the public, employees or deliveries, and at restroom entrances. B. Such 'No Smoking signs shall have bold lettering of not less than one inch in height. The international 'No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it). C. Any owner, manager, or other person having control of any establishment regulated by this chapter shall be responsible for posting appropriate signage. Section 14-70 Enforcement. A. Enforcement of this chapter shall be implemented by the City of Plano Health Department or other official as designated by the City Manager by issuance of a municipal court citation. :z B. Any person may register a complaint under this chapter to initiate enforcement with the City of Plano Health Department. C. It is the duty of the owner, manager, operator or person -in -charge of any establishment regulated by this chapter: (1) To post signs in accordance with Section 14-69 of this article and; (2) To not provide ashtrays, :matches, lighters or other smoking related paraphernalia in a regulated premise and; (3) To advise a person who violates this article that smoking is not allowed and; ORDINANCE NO. 2007-4-6 Page 6 (4) To request a person remove themselves from this location after that person has been advised that smoking is not allowed and that person willfully continues to smoke. Section 14-71 Offenses and penalties. A. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter. B. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with the following sections and subsections of this ordinance: (1) Section 14.69 (A), (B) and (C), and; (2) Section-14-70 (C). C. Any person who violates any provision of this chapter shall be guilty of a misdemeanor infraction, punishable by a fine not to exceed five hundred dollars ($500). D. Each day on which a violation of this article occurs shall be a separate and distinct violation." Section III. Any person, firm or corporation found to be violating any term or provision of this Ordinance, shall be subject to a fine not to exceed five hundred dollars ($500) for each offense. Every day a violation continues shall constitute a separate offense. Section IV. The repeal of any ordinance or part of ordinances caused by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. Section V. It is the intention of the City Council that this Ordinance, and every provision hereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance. Section VI. All provisions of the ordinances of the City of Plano, codified or uncodifred, in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the ordinances of the City of Plano, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Section VII. This ordinance shall become effective on June 1, 2007. ORDINANCE NO. 2007-4-6 Page 7 DULY PASSED AND APPROVED this the 9th day of April 2007. Pat Evans, MAYOR ATTEST: Diane Zucco, CITY SECRETARY APPP OVEDD AS TO FORM: Diane C. Wetherbee, CITY ATTORNEY Page 1 of 8 ffi sx15, ARTICLE I. GENERAL PROVISIONS. Sec.41-1. Definitions. ARTICLE II. SMOKING IN PUBLIC AREAS. Sec. 41-2. Smoking prohibited in certain public areas. Secs. 41-3 thru 41-5. Reserved. ARTICLE III. WORKPLACE. Sec. 41-6. Employer workplace requirements. Sec. 41-7. Workplace prohibition. Sec. 41-8. Smoking prohibited. ARTICLE IV. ENFORCEMENT. See.41-9. Penalties. ARTICLE V. TOBACCO -PRODUCT VENDING MACHINES. .z Sec.41-10. Definitions. Sec. 41-11. Tobacco -product vending machines prohibited; defenses. Sec. 41-12. Lock -out devices. ARTICLE I. GENERAL PROVISIONS. SEC.41-1. DEFINITIONS. In this chapter: (1) ADMINISTRATIVE AREA means the area of an establishment not generally accessible to the public or to a minor, including but not limited to individual offices, stockrooms, employee lounges, http://www.amlegal.cominxtlgateway.dlllTexasldallaslvolumeiilchapter4l smoking?f=templ... 7/5/2007 Page 2 of 8 or meeting rooms. (2) BAR means an establishment principally for the sale and consumption of alcoholic beverages on the premises that derives 75 percent or more of its gross revenue on a quarterly (three- month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on -premises consumption. If an establishment is located in a hotel or motel, the gross revenues of the particular establishment, rather than the gross revenues of the entire hotel or motel, will be used in calculating the percentage of revenues derived from the sale or service of alcoholic beverages. (3) BILLIARDS means any game played on a cloth -covered table with balls and cue sticks where the balls are struck by the sticks and the balls strike against one another. (4) BILLIARD HALL means an establishment that: (A) holds a valid billiard hall license issued by the city under Chapter 9A of this code; (B) has at least 12 billiard tables that are not coin -operated available for rent to persons desiring to play billiards on the premises; and (C) derives 70 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on - premises consumption and from the rental of billiard tables and billiard equipment to persons desiring to play billiards on the premises. (5) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter, or the director's designated representative. (6) EATING ESTABLISHMENT means any establishment that prepares or serves food or beverages, regardless of whether the establishment provides seating or facilities for on -premises consumption. The term includes, but is not limited to, restaurants, coffee shops, cafeterias, short order cafes, fast food establishments, luncheonettes, lunchrooms, soda fountains, food carts, food vending vehicles, and catering establishments. (7) EMPLOYEE means any person who works for hire at a designated indoor area including an independent contractor with an assigned indoor location. (8) EMPLOYER means any person who employs five or more employees. (9) ENCLOSED means an area that: (A) is closed in overhead by a roof or other covering of any material, whether permanent or temporary; and (B) has 40 percent or more of its perimeter closed in by walls or other coverings of any material, whether permanent or temporary. (10) HOSPITAL means any institution that provides medical, surgical, and overnight facilities for patients. (11) MINOR means any individual under 18 years of age. http://www.amlegal.com/nxt/gateway.dll/Texas/dallas/volumeiilchapter4l smoking?f=templ... 7/5/2007 Page 3 of 8 (12) PERSON means an individual, firm, partnership, association, or other legal entity. (13) PUBLIC SERVICE AREA means any area to which the general public routinely has access for municipal services or that is designated a public service area in a written policy prepared in compliance with this chapter. (14) RETAIL OR SERVICE ESTABLISHMENT means any establishment that sells goods or services to the general public, including but not limited to any eating establishment, hotel, motel, department store, grocery store, drug store, shopping mall, laundromat, bingo parlor, bowling center, or hair styling salon. (15) SECOND-HAND SMOKE means ambient smoke resulting from the act of smoking. (16) SMOKE OR SMOKING means inhaling, exhaling, possessing, or carrying any lighted or burning cigar or cigarette, or any pipe or other device that contains lighted or burning tobacco or tobacco products. (17) WORKPLACE -means any indoor area where an employee works for an employer, including an administrative area but excluding: (A) a domestic residence; (B) a factory or warehouse where smoking is regulated by another city ordinance or a state or federal law; (C) an enclosed room with only one regular occupant; or (D) any area that is generally accessible to the public or to a minor and that is regulated under Article II of this chapter. (Ord. Nos. 18961; 19648; 25168) ARTICLE II. SMOKING IN PUBLIC AREAS. SP,C. 41-2. SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS. (a) A person commits an offense if he smokes in any of the following indoor or enclosed areas: (1) An elevator used by the public. (2) A hospital or nursing home. (3) Any facility owned, operated, or managed by the city. (4) Any retail or service establishment. (5) Any establishment or area marked with a no smoking sign complying with Subsection (b) by the owner or person in control of the establishment or area. (6) Any facility of a public primary or secondary school or any enclosed theater, movie house, http://www.amlegal.com/nxt/gateway.dll/Texas/dallas/volumeii/chapter4l smoking?f=templ... 7/5/2007 Page 4 of 8 library, museum, or transit system vehicle. (b) The owner or person in control of an establishment or area in which smoking is prohibited under Subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment or area. The sign shall contain the words "No Smoking, City of Dallas Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking. A sign posted prior to adoption of this subsection may contain the language "No Smoking City of Dallas Ordinance No. 14682." (c) The owner or person in control of a bar qualifying for a defense to prosecution under Subsection (d)(3) or a billiard hall qualifying for a defense to prosecution under Subsection (d)(7) may designate smoking areas, except that the designated smoking areas may not include: (1) the entire establishment; (2) cashier areas; or (3) restrooms. (d) It is a defense to prosecution under Subsection (a) of this section if the person was smoking in a location that was: (1) a private residence, except that this defense does not apply when the residence is being used as a child care facility, adult day care facility, or health care facility; (2) an administrative area or office of an establishment described in Subsection (a)(2), (a)(4), or (a)(6) of this section if the administrative area or office is physically separated from those areas of the establishment where smoking is prohibited, except that this defense does not apply if the location was posted as a nonsmoking area under Article III of this chapter; (3) a bar that does not open into any other establishment in which smoking is prohibited under this section, except that this defense does not apply if: (A) any part of the bar is generally accessible by a minor; (B) the bar opens into a hotel or motel; or (C) the location was posted as a nonsmoking area by the owner or person in control of the bar with a sign complying with Subsection (b); (4) a retail or service establishment that: (A) derives 90 percent or more of its gross revenue on a quarterly (three-month) basis from the sale of tobacco, tobacco products, or smoking implements; and (B) does not open into any other establishment in which smoking is prohibited under this section; (5) an unenclosed outdoor seating area of an eating establishment, except that this defense does not apply if: http://www.amlegal.com/nxt/gateway.dll/Texas/dallas/volumeii/chapter4l smoking?f=templ... 7/5/2007 Page 5 of 8 (A) the outdoor seating area is adjacent to a playground or play area for children; or (B) the location was posted as a nonsmoking area by the owner or person in control of the establishment with a sign complying with Subsection (b); (6) a private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner or operator of the hotel or motel; or (7) a billiard hall that does not open into any other establishment in which smoking is prohibited under this section, except that this defense does not apply if: (A) any part of the billiard hall is generally accessible by a minor; or (B) the location was posted as a nonsmoking area by the owner or person in control of the billiard hall with a sign complying with Subsection (b). (e) It is a defense to prosecution under Subsection (b) of this section that the establishment or area is a location for which a defense to prosecution is provided under Subsection (d) of this section. (Ord. Nos. 18961; 19648; 21109; 21109; 21614; 25168) SECS. 41-3 THRU 41-5. RESERVED. (Repealed by Ord. 25168) ARTICLE III. WORKPLACE. SEC. 41-6. EMPLOYER WORKPLACE REQUIREMENTS. An employer who owns, occupies, or controls a workplace shall: (1) have and implement a written policy on smoking that: (A) conforms to this chapter; (B) reasonably accommodates the interests of both smokers and nonsmokers but minimizes the involuntary exposure of nonsmokers to second-hand smoke; (C) designates nonsmoking areas so as to use existing structural barriers and ventilation to minimize involuntary exposure of nonsmokers to second-hand smoke; and (D) establishes a procedure for addressing employee complaints; (2) provide conspicuous signage indicating nonsmoking areas; (3) not discharge, retaliate, or discriminate against any employee who: (A) files any complaint or causes any proceeding to be instituted under or related to this chapter; http://www.amlegal.com/nxt/gateway.dll/Texas/dallas/volumeii/chapter4l smoking?f=templ... 7/5/2007 Page 6 of 8 (B) testifies or will testify in any proceeding instituted under this chapter; or (C) exercises on his own behalf or the behalf of others any right afforded by this chapter; and (4) not be responsible for fines assessed against an employee for violation of Section 41-8 of this chapter. (Ord. Nos. 19648; 25168) SEC.41-7. WORKPLACE PROHIBITION. Nothing in this chapter shall prohibit an employer from designating an entire workplace as nonsmoking. (Ord. Nos. 19648; 25168) SEC.41-8. SMOKING PROHIBITED. A person commits an offense if he smokes in an area designated as nonsmoking pursuant to Section 41-66(1)(C). (Ord. Nos. 19648; 25168) ARTICLE IV. ENFORCEMENT. SEC. 41-9. PENALTIES. (a) Any person violating Section 41-2(b), 41-2(c), 41-6, or 414111, upon conviction, is punishable by a fine of not less than $50 or more than $500. (b) Any person violating Section 41-2(a) or 41-8, upon conviction, is punishable by a fine of not less than $25 or more than $200. (Ord. Nos. 18961; 19648; 21540; 25168) ARTICLE V. TOBACCO -PRODUCT VENDING MACHINES. SEC.41-10. DEFINITIONS. In this article: (1) TOBACCO -PRODUCT VENDING MACHINE means any self-service device that, upon insertion of any coin, paper currency, token, card, key, or other item, dispenses one or more tobacco products. The term does not include any machine that is in storage, in transit, or otherwise not set up for use and operation, nor does it include any machine that is situated on a train, bus, or other public conveyance. (2) RESTAURANT BAR means any area of an eating establishment, excluding the dining area: (A) that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises; and (B) in which food service, if any, is only incidental to the consumption of alcoholic beverages. (Ord. Nos. 21540; 21613; 25168) http://www.amlegal.cominxtlgateway.dll/Texasldallaslvolumeiilchapter4l smoking?f=templ... 7/5/2007 Page 7 of 8 SEC. 41-11. TOBACCO -PRODUCT VENDING MACHINES PROHIBITED; DEFENSES. (a) A person commits an offense if he owns or allows the display or use of any tobacco -product vending machine upon any property within the city. (b) It is a defense to prosecution under Subsection (a) that the tobacco -product vending machine was: (1) situated in a premises where entry by a minor is prohibited by law; (2) situated in a hotel, motel, bar, or restaurant bar; (3) located in a workplace with the permission of the employer, provided that: (A) the employer usually has no person under 18 years of age employed at the workplace; M (13) the tobacco -product vending machine is situated at a location within the workplace to which no person other than an employee of the workplace is usually permitted to have access; or (4) located in an eating establishment and equipped with a lock -out device that was installed, maintained, and operated in compliance with Section 41-12. (Ord. Nos. 21540; 21613; 25168) SEC. 41-12. LOCK -OUT DEVICES. (a) A lock -out device on a tobacco -product vending machine located in an eating establishment must be installed, maintained, and operated in compliance with this section. (b) A lock -out device may be electrical or mechanical and must be approved by the director. (c) An owner, operator, employee, or other person in charge of an eating establishment who is at least 18 years of age shall: (1) install and continuously maintain a lock -out device on a tobacco -product vending machine in good working order; (2) require identification from any potential customer of the tobacco -product vending machine who appears to be under 18 years of age; (3) physically observe all transactions in which the tobacco -product vending machine is used; and (4) physically release the lock -out device before each sale from a tobacco -product vending machine. (Ord. Nos. 21613; 25168) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact http://www.amlegal.cominxtlgateway.dll/Texasldallaslvolumeiilchapter4l smoking?f=templ... 7/5/2007 the Municipality directly or contact American Legal Publishing toll -free at 800-445-5588. © 2007 American Legal Publishing Corporation techshtpport@amlegal.com 1.800.445.5588. http://www.amlegal.cominxtlgateway.dll/Texasldallaslvolumeiilchapter4l smoking?f=templ... 7/5/2007 To: Mayor and Town Council From: Kevin Carruth, Interim Town Manger Re: Suspension of Atmos GRIP Rate Adjustments Date: July 6, 2007 Agenda Item: Consider and act on a resolution suspending the effective date of a proposal by Atmos Energy Corporation to implement interim GRIP rate adjustments, authorizing participation with the Atmos Cities Steering Committee, authorizing intervention in administrative and court proceedings, and requiring reimbursement of ratemaking costs. Description of Agenda Item: The law mandates that a Gas Reliability Infrastructure Program (GRIP) surcharge request cannot become effective until sixty (60) days following the filing. The effective date may be suspended by a city for 45 days. If the City does not take action to suspend the filing, the Company may begin implementing a monthly surcharge ($0.59 on all residential customers, $1.47 for commercial customers, and $28.74 for industrial customers) after July 30, 2007. The resolution suspends the effective date to the maximum extent permitted by law to allow the cities time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy to pursue. This is particularly important given that the Atmos Cities Steering Committee initiated a rate case (GUD No. 9670) in which it was determined that Atmos had included inappropriate expenditures in its previous GRIP surcharges for rate years 2003, 2004, and 2005. But for the investigation by the Cities, through ACSC, and other intervenors, the impropriety of these expenditures and of their inclusion in the GRIP surcharges, would not have been exposed, and the refund of $2.5 million would not have been ordered. Additionally, Atmos has just received a rate increase of approximately $5 million and should be collecting sufficient revenues to earn its allowed return without the necessity for a surcharge to recover incremental investment. GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking that is in the public interest. Atmos, TXU Gas, and other gas utilities persuaded the legislature in 2003 to make an exception to the prohibition against piecemeal ratemaking to encourage increased investment in transmission and distribution pipe by allowing prompt recovery of investment, despite the possibility that increased revenues and declining expenses could more than offset increased investment. Unfortunately, utilities have used the GRIP filings to include other costs unrelated to infrastructure improvements. GRIP surcharges are only allowed until the next general rate case. Explanation of the "Be It Resolved" paragraphs: A city is authorized to suspend the effective date for 45 days. However, since the Company controls and can extend its effective date during settlement discussions to Agenda Item No. 13- Page 1 of 2 increase a city's jurisdiction and the period of time necessary to reach settlement, the resolution refers to suspension "for the maximum period allowed by law" rather than a specific date. 2. This paragraph authorizes participation with the Atmos Cities Steering Committee and coordinated control over legal counsel and consultants. Along with paragraph 3, this paragraph avoids the necessity of returning to the City Council with another resolution to authorize efforts related to an appeal of the Council's ultimate decision on the Atmos application. 3. This paragraph authorizes the intervention of the city, assuming such is recommended by the Atmos Cities Steering Committee, in any appeals that may be filed at the Railroad Commission challenging the City's action. It further authorizes the handling of appeals from Railroad Commission decisions to the courts in Austin, if the Atmos Cities Steering Committee believes that effort is desirable. 4. Texas law requires utility companies to reimburse cities for all costs (legal and consulting) associated with ratemaking, whether the case is initiated by the utility or a regulatory authority. Although the implementation of a tariff that imposes a surcharge is ratemaking, entitling the participating cities to reimbursement, Atmos has not historically agreed to reimburse ACSC for its legal expenses, nor has the Railroad Commission required it to do so. The ACSC Executive Committee has determined that it is appropriate and necessary to investigate this GRIP filing and to take appropriate action, and has authorized the expenditure of funds to do so. Legal counsel and consultants approved by the ACSC Executive Committee will submit monthly invoices to the City of Arlington which will then forward the invoices to Atmos for reimbursement. No individual city incurs liability for payment of rate case expenses by adopting a suspension resolution. 5. This paragraph directs that a copy of the signed resolution be sent to a representative of the Company and legal counsel for the Atmos Cities Steering Committee. Budget Impact: If the GRIP rate is implemented any costs borne by Atmos will be passed on to customers. The Town would then see a monthly increase of $1.48 for each of our two gas accounts. Legal Obligations and Review: Lloyd Gosselink, attorneys for the Atmos Cities Steering Committee, has been following the ATMOS request and prepared the proposed resolution. Attached Documents: Proposed resolution, FAQ regarding Atmos' GRIP filing Board. Committee and/or Staff Recommendation: Staff concurs with the Atmos Cities Steering Committee and recommends approval of the resolution as submitted. Agenda Item No. «- Page 2 of 2 L11DY0 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Gosselink Telephone: (322-5800 Facsimile: (512) 12) 472-0532 „ON, ATTORNEYS AT LAW www.lglawfirm.com FREQUENTLY ASKED QUESTIONS REGARDING ATMOS' GRIP FILING Q: What is GRIP? A: The Gas Reliability Infrastructure Program was originally enacted by the Texas Legislature in 2003 to allow gas utilities an opportunity to recover costs associated with replacing aging portions of natural gas pipeline to enhance reliability and public safety without the necessity of a full blown rate case. However, Atmos-Mid Tex has used the statute to recover any change in invested capital. As a result, Atmos-Mid Tex has surcharged items not related to system safety or reliability, including furniture, artwork, computers, air conditioners, new parking lots as well as first class airfare and luxurious accommodations for executives and their spouses, hundreds of thousands of dollars in lavish meals, liquor, employee gifts, limousine travel, and charitable contributions. Q: If Atmos' GRIP filing is approved, what impact will it have on ratepayers' bills? A: For an average residential customer (4.6 Mcf per month): $0.59 monthly For an average commercial customer (34.7 Mcf): $1.47 monthly For an average industrial customer (3,918 MMBtu): $28.74 monthly Q: How long will these surcharges be collected? A: These surcharges will be levied on every customer's bill every month until the implementation of final rates in Atmos' next rate case (as late as 2012.) Q: Atmos has provided the City a denial resolution and told us to deny Atmos' GRIP application as soon as possible. Should the City do that right now? A: No, Pursuant to the statute, the city may suspend the implementation of the effective date of the Company's application for 45 days (in this case, until September 13). Denying the request now expedites the implementation of surcharees on Your citizens while the citizens of the cities that suspend the implementation will have their surcharges delayed for several months. Q: If the City is going to deny the GRIP surcharge anyway, why postpone doing that by adopting a suspension resolution now? A: The extra time allows an expert working on behalf of Atmos Cities Steering Committee to review and analyze the surcharge application. The expert will be reviewing all of the costs that Atmos is requesting to be collected through the surcharge. One area of his review will be to ensure that costs that were disallowed by the Railroad Commission in 2557/02/oth070608kpd T ]-A 0 Page 2 July 6, 2007 the most recent rate case are not included in this application. The expert will issue a report to all ACSC members regarding his findings. The report may also be filed with the Railroad Commission. The ACSC Executive Committee will review the findings and will issue a recommendation to all members in advance of September 13. ACSC members will be provided with any resolutions/ordinances necessary to take final action. Q: Will postponement have any effect upon ratepayers? A: In addition to allowing more time for review, suspending the effective date of the surcharge will save residential customers approximately $875,000 per month in surcharges that would otherwise be levied system -wide. Q: This is Atmos Mid-Tex's fourth GRIP surcharge. What happened to the other three surcharges? A: The table below reflects the history of the Atmos Mid -Tex GRIP requests. In Atmos Mid-Tex's most recent rate case, GUD 9670, the Railroad Commission reviewed the GRIP surcharges the Company levied in 2003, 2004, and 2005 and disallowed $2.5 million in unreasonable expenses. The Railroad Commission judges that heard the evidence regarding Atmos' GRIP surcharges concluded that the inclusion of costs associated with liquor, lavish meals, first class travel, employee gifts, expensive artwork, etc. indicated a collapse of corporate control and management and a breakdown of the Company's operations and maintenance budgeting and cost control process. The evidence in GUD 9670 also revealed that Atmos capitalized expenditures of certain short lived items, such as Kleenex, trash can liners, staples, office supplies and other similar items as part of the GRIP surcharge process. ATMOS MID-TEX GRIP FILINGS 2003 — 2006 �Sroos Date Filing ` Amount �AmoiSit An>ouutof' Filing Made With Requestedppxoxed by Resident►al r t s K �0 2003 12/17/04 $6,691,224 $6,691,224 $4,727,865 GRIP $0.29 per customer 2004 09/19/05 $6,731,115 $6,731,115 $4,756,051 GRIP $0.29 per customer 2005 03/31/06 $11,890,764 $11,890,764 $8,705,096 GRIP I 1 1 $0.52 per customer 2006 05/31/07 $12,422,428 GRIP ($0.59/ cust) `z Lloyd Gosselink Blevins Rochelle & Townsend, P.C. Page 3 July 6, 2007 Q: Did the legislature address GRIP in the recent legislative session? A: The Senate Business and Commerce Committee unanimously approved a bill that would have repealed the GRIP statute, largely in response to the abuses of the GRIP surcharge by Atmos Mid -Tex. However, by the end of the session, the gas utility lobby was successful in killing meaningful reform and the legislation died. Q: What can cities do to alert legislators regarding problems with the GRIP statute? A: It is important to start building support for legislative reform now. Issues regarding utility ratemaking and GRIP surcharges are very technical and can be difficult to effectively communicate during the heat of a legislative session. Cities can build on the effective information campaign that started in the session that recently concluded and prepare for the next session by communicating with the legislators about this GRIP filing. The Executive Committee has requested that a model resolution supporting legislative changes to protect -natural gas ratepayers and opposing GRIP surcharges be prepared to distributed to members to provide to their legislative delegation. Lloyd Gosselink Blevins Rochelle & Townsend, P.C. RESOLUTION NO. A RESOLUTION BY THE CITY OF , TEXAS SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE ("ACSC") IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of , Texas ("City") is a gas utility customer of Atinos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, Atmos Mid -Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") on or about May 31, 2007, proposing to implement interim rate adjustments ("GRIP rate increases"), pursuant to Texas Utilities Code § 104.301, on all customers served by Atmos Mid -Tex, effective July 30, 2007; and WHEREAS, Atmos Mid -Tex was recently granted a rate increase as a result of its filing in GUD No. 9670, in which the Final Order was only signed on March 29, 2007; and WHEREAS, in GUD No. 9670, it was determined that Atmos Mid -Tex had inappropriately included certain expenditures in its prior GRIP rate increases for rate years 2003, 2004, and 2005; and WHEREAS, it is incumbent upon the City, as a regulatory authority, to examine this latest GRIP filing to determine its compliance with the Texas Utilities Code; and 2557Q�es070608pc suspending GRIP 1 WHEREAS, ratepayers of Atmos Mid -Tex, including the City and its residents, will be adversely impacted by the proposed GRIP rate increases; and WHEREAS, it is advantageous for the City and its citizens to coordinate the City's response to Atlnos' filing with similarly situated municipalities; and WHEREAS, the City has benefited from prior participation with the Atmos Cities Steering Committee ("ACSC"); and WHEREAS, it is efficient and cost beneficial for the City to again coordinate review of the reasonableness of the proposed GRIP rate increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP rate increases; and WHEREAS, the Executive Committee of ACSC has recommended suspension and established a budget for evaluation of the Atmos filing; and WHEREAS, a GRIP proceeding involves rate making, entitling cities to reimbursement of reasonable rate case expenses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS, THAT: 1. The July 30, 2007 effective date of the GRIP rate increases proposed by Atmos Mid -Tex is hereby suspended for the maximum period allowed by law to permit adequate time to investigate the sufficiency of the GRIP Rate Increase filing, review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. 2. The City is authorized to cooperate with ACSC to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP rate increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP rate increases. 255712Ves070608gnc Suspending GRIP 2 3. The City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP rate increases. 4. Atmos Mid -Tex shall promptly reimburse the City's reasonable costs associated with the City's ratemaking activities related to the proposed GRIP rate increases. 5. A copy of this Resolution shall be sent to Atmos Mid -Tex, care of Charles R. Yarbrough, II, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink, 816 Congress Avenue, Suite 1900, Austin, Texas 78701. Signed this day of 2007. ATTEST: 2557\2\res070608gnc suspending GRIP 3