NOTICE OF CITY COUNCIL BRIEFING SESSION OCTOBER 9, 2012 T.W. TURK CANNADY-CEDAR HILL ROOM 285 UPTOWN BLVD. BLDG. 100 CEDAR HILL, TEXAS 6:00 P.M.

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1 NOTICE OF CITY COUNCIL BRIEFING SESSION OCTOBER 9, 2012 T.W. TURK CANNADY-CEDAR HILL ROOM 285 UPTOWN BLVD. BLDG. 100 CEDAR HILL, TEXAS I. Call the meeting to order. 6:00 P.M. AGENDA II. City Manager Reports: a. City Council Calendar/Upcoming Events. b. City Operations. III. IV. Conduct a briefing session to discuss agenda items for 7:00 p.m. regular meeting. Adjourn. I certify that the above notice of meeting was posted in accordance with the Texas Open Meetings Act on the 5th day of October Lyn Hill City Secretary This facility is wheelchair accessible. If you plan to attend this public meeting and you have a disability that requires special arrangements, please call Ext or (TDD) RELAY TX ( ) at least 48 hours in advance. Reasonable accommodations will be made to assist your needs.

2 NOTICE OF CITY COUNCIL MEETING OCTOBER 9, 2012 T.W. TURK CANNADY-CEDAR HILL ROOM 285 UPTOWN BLVD. BLDG. 100 CEDAR HILL, TEXAS 7:00 P.M. VISION STATEMENT: We envision Cedar Hill as a premier city that retains its distinctive character; where families and businesses flourish in a safe and clean environment. MISSION STATEMENT: The mission of the City of Cedar Hill is to deliver the highest quality municipal services to our citizens and customers consistent with our community values. I. Call the meeting to order. AGENDA II. III. IV. Pledge of Allegiance. Invocation: City Council Member Wallace Swayze. Distinctive Character Presentation: 1. Present Certificates of Recognition to Meah Hanshaw, fourth-grade student of Plummer Elementary School, and Sydney Wade, fourthgrade student of Highlands Elementary School, S.T.A.R. Student Awards for the month of October. V. Consent Agenda: The Consent Agenda includes routine items that may be acted upon with a single vote. Any City Council member may remove items from the Consent Agenda for separate discussion and consideration. 1. Consider approving the minutes of the special meeting of September 20, 2012 and the regular meeting of September 25, 2012.

3 Page 2 City Council Meeting Agenda October 9, Consider adoption of Ordinance No authorizing the City of Cedar Hill to reduce the Texas Municipal Retirement System (TMRS) Cost of Living Adjustment (COLA) percentage from 70% to 50%. 3. Consider adoption of Resolution No. R12-369, extending the depository contract for one year. 4. Consider adoption of Ordinance No repealing Chapter 15 of the Code of Ordinances of the City of Cedar Hill, Texas pertaining to Parks and Recreation and adopting a new Parks and Recreation ordinance in place thereof. 5. Consider ordering a Special Election to be held on Saturday, January 19, 2013, to elect City Council Member for Place 1, filling the vacated position of Cory Spillman. 6. Consider authorizing the Mayor to sign a Tower Lease Agreement with Air Canopy Inc. (Skybeam) for access to space on the Parkerville water storage tank for cellular antenna equipment. VI. VII. Citizens Forum. Regular Agenda: 1. Case Consider a variance to Sec of the Tree Preservation Ordinance requiring payment of fees to mitigate the loss of protected trees on Lot 1836, The Summit at Lake Ridge Section, requested by Larry Stegall of Creative Designs Custom, LLC. 2. Consider appointing Michael Deeds to the Planning & Zoning Commission. VIII. IX. Updates and announcements from City Council Members. Adjourn

4 Page 3 City Council Meeting Agenda October 9, 2012 I certify that the above notice of meeting was posted in accordance with the Texas Open Meetings Act on the 5th day of October Lyn Hill City Secretary This facility is wheelchair accessible. If you plan to attend this public meeting and you have a disability that requires special arrangements, please call Ext or (TDD) RELAY TX ( ) at least 48 hours in advance. Reasonable accommodations will be made to assist your needs. PREMIER STATEMENTS CEDAR HILL HAS DISTINCTIVE CHARACTER CEDAR HILL HAS EXCELLENT, SAFE & EFFICIENT INFRASTRUCTURE CEDAR HILL IS SAFE CEDAR HILL IS CLEAN CEDAR HILL HAS TEXAS SCHOOLS OF CHOICE CEDAR HILL HAS VIBRANT PARKS AND NATURAL BEAUTY CEDAR HILL HAS A STRONG AND DIVERSE ECONOMY CITY COUNCIL VALUES CITIZEN INPUT AND PARTICIPATION ACCOUNTABILITY AND RESPONSIVENESS DIVERSITY AND RESPECT FOR INDIVIDUAL DIFFERENCES HIGHEST ETHICAL STANDARDS AND INTEGRITY TEAMWORK AND REGIONAL COOPERATION EXCELLENCE AND CONTINUOUS IMPROVEMENT I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the Government Center bulletin board on the day of, By:

5 MINUTES CLARK ROAD CORRIDOR PUBLIC ENGAGEMENT MEETING #1 SEPTEMBER 20, 2012 The City Council of the City of Cedar Hill, Texas held a public engagement meeting on September 20, 2012, 6:00 p.m., Cedar Hill Church of Christ, 535 S. Clark Road, Cedar Hill, Texas. Mayor Franke began the public meeting at 6:00 p.m. The following members of the City Council were present, to wit: Mayor Rob Franke, Mayor Pro Tem Daniel C. Haydin, Jr., Council Members Stephen Mason, Chris Parvin, Clifford Shaw and Cory Spillman. Staff members present: City Manager Alan Sims, Deputy City Manager Greg Porter, Assistant City Manager Melissa Stephens, City Secretary Lyn Hill and staff members from Public Works, Planning and Zoning, Code Enforcement, Neighborhood Services and the Police Department. Also in attendance were members from the Cedar Hill Independent School District and citizens from the South Clark Road neighborhood. Mayor Franke began the meeting with a welcome and introduction. He reviewed the Cedar Hill Vision and Premier Statements and pointed out the various informational stations throughout the room. Neighborhood Services Manager Patty Bushart reviewed the South Clark Road Corridor objectives. Assistant Police Chief Thompson gave a presentation on Crime Prevention Initiatives. Code Enforcement Supervisor Stacey Graves and Building Official Johnny Kendro went over code compliance initiatives. Parks Director Rhoda Savage spoke on corridor improvements. Public Works Director Elias Sassoon reviewed capital improvements. Following the staff presentations, Mayor Franke talked about economic development planning, noting the City is trying to put business back in the area and revitalize the neighborhood. He explained this is a partnership and emphasized the importance of communication between the City and the area citizens.

6 Page 2 Public Meeting The Mayor endied the meeting and invited guests to visit the various project discussion stations for further information. The meeting closed at 7:35 p.m. ATTEST: Lyn Hill, City Secretary Approved: Rob Franke, Mayor

7 BRIEFING MINUTES CITY COUNCIL MEETING SEPTEMBER 25, 2012 The City Council of the City of Cedar Hill, Texas, met in briefing session Tuesday, September 25, 2012, 6:00 p.m., T.W. Turk Cannady Cedar Hill Room, 285 Uptown Blvd., Bldg. 100, City of Cedar Hill, Texas. The following members of the City Council were present, to wit: Mayor Rob Franke, Mayor Pro Tem Daniel C. Haydin, Jr., Council Members Steve Mason, Chris Parvin, Clifford Shaw, Wallace Swayze and Cory Spillman. I. Call the meeting to order. Mayor Franke called the meeting to order at 6:00 p.m., declaring it an open meeting, that a quorum was present and the meeting notice was duly posted. II. Closed Session pursuant to Texas Local Government Code section (2) Consultation with attorney on a matter in which the duty of the attorney under the Texas Disciplinary Rules of Conduct of the State Bar of Texas conflicts with the provisions of the Texas Open Meetings Act. Mayor Franke adjourned into executive session at 6:02 p.m. III. Reconvene in open session and consider any action to be taken as a result of the executive session. The Mayor reconvened into open session at 6:30 p.m. and announced no action was taken as a result of the executive session. IV. City Manager Reports: (a) City Council Calendar/Upcoming Events. City Manager Sims expressed appreciation to those of the City Council who attended the recent Employee Appreciation Luncheon. Sims reviewed the City Council calendar as follows: Thursday, September 27 11:30 a.m. Best Southwest Luncheon at the MCM Grande in DeSoto. Saturday, September 29 Fall Clean Up beginning that morning at Crawford Park. Tuesday, October 2 - National Night Out

8 City Council Briefing Minutes 2 September 25, 2012 Sims stated Police Chief Rhodes requested City Council Members wear their blue shirts provided by the Police Department and meet at 5:30 p.m. in the lobby of the Police Building. Prior to the National Night Out events, Cutter (insect repellent) will be distributed to the neighborhoods. Thursday, October 4 7:30 p.m. -Mayor s Prayer Breakfast - Cedar Hill Recreation Center. That evening High Pointé Public Improvement District will hold their meeting. Friday, October 12 Starting Country Day on the Hill with Old Settlers Reunion Historic Downtown area. Saturday, October 13 Country Day on the Hill Historic Downtown area. 7:00 9:00 p.m. that night, there will be a special celebration of the life of Miss Jimmie Ruth White. Tuesday, October 16 Joint Meeting with CHISD Board location to be determined Saturday, October 20 Household Hazardous Event at the High School Parking Lot Mayor Pro Tem Haydin reminded everyone the Best Southwest Transportation Task Force Meeting, which was scheduled on October 4 at 11:30 a.m., has been cancelled. b. City Operations Sims stated he sent out a list of all the Boards and Commissions to City Council Members. The intent is for each to visit any meeting their schedule allows to communicate, and explain the Crime Control and Prevention District, to be decided upon by the voters at the November 6 election. Mayor Pro Tem Haydin attended the Board of Adjustment meeting today and made a presentation. Mayor Franke urged Council Members to look over the list and try to attend any meetings they can. V. Conduct a briefing session to discuss agenda items for 7:00 p.m. regular meeting. City Manager Sims reviewed the agenda from the Regular Meeting emphasizing the following:

9 City Council Briefing Minutes 3 September 25, 2012 Invocation by Reverend Steve Ginn Cedar Hill Police Chaplain Presentation: 1. Accept donation from Cedar Hill Baseball Association. 2. Receive the Cedar Hill Police Department s 2011 Annual Report. Sims stated there is a lot of information in this report, and he felt the City Council would be pleased. They will also get a chance to hear from the CPAAA. Distinctive Character Presentation: 1. Present Certificates of Appreciation to citizens who have demonstrated outstanding civic responsibility in assisting police in apprehending criminals. Sims stated it is perfectly clear Cedar Hill has an outstanding Police Department, but it works best in partnership with the community. When the community is engaged, our activities at depressing criminal activity are enhanced. It is important that we take time to acknowledge those citizens who have helped in solving crimes. Consent Agenda: City Manager Sims moved to the Consent Agenda as listed below. Mayor Franke pointed out there were several ordinances dealing with various building codes, and he thanked Building Official Johnny Kendro for his work on these. Mayor Franke asked if there were any issues with the Consent Agenda. There were none. 1. Consider approving the minutes of the regular meeting of September 11, Consider acceptance of the Cedar Hill Police Department s 2011 annual report. 3. Consider adoption of Resolution No. R approving the City of Cedar Hill Investment Policy. 4. Consider approving the list of broker/dealers authorized to buy/sell securities from/to the City of Cedar Hill.

10 City Council Briefing Minutes 4 September 25, Consider approving Ordinance No adopting the 2008 National Electrical Code. 6. Consider approving Ordinance No adopting the 2009 International Building Code. 7. Consider approving Ordinance No adopting the 2009 International Fuel Gas Code. 8. Consider approving Ordinance No adopting the 2009 International Mechanical Code. 9. Consider approving Ordinance No adopting the 2009 International Plumbing Code. 10. Consider authorizing the Mayor to execute a renewal of the Health Inspector Independent Contractor s Agreement with Food Establishment Inspection Service. 11. Consider adoption of Resolution No. R approving appointments to the Board of Directors of the Cedar Hill Public Improvement District No. 1, otherwise known as High Pointé PID. 12. Consider authorizing the Mayor to execute an interlocal agreement with the City of Fort Worth for the City s continued participation with the Fort Worth Environmental Collection Center. 13. Consider adopting Resolution No. R12-368, establishing energy conservation goals as required by the Texas Health and Safety Code. 14. Consider awarding bid and authorizing the Mayor to execute a contract with Roeschco Construction for Red Oak Creek Trail. Regular Agenda: Sims reviewed the Regular Agenda as itemized below. 1. Receive presentation and consider approval of Ordinance No adopting the 2012 Parks, Recreation, Trails & Open Space Visioning Master Plan. Mayor Franke advised there were changes made to this plan as a result of some of the board meetings. Most of that was cosmetic, moving some of the cost estimates to the back. It is intact with what the City Council has reviewed. 2. Consider awarding a bid for construction of a fence as part of the S. Clark Road Corridor Improvement Plan and select the type of fence material.

11 City Council Briefing Minutes 5 September 25, 2012 Sims stated there are bids on both types of fence. He received comments from members of the City Council, but he felt it important to openly express their preference between the RhinoRock and the Semtek. The color will be decided at a later date. 3. Consider authorizing the Mayor to execute a grant agreement with the Bureau of Reclamation for a WaterSmart grant. Sims pointed out the City Council previously expressed their desire to move forward with the automatic meter replacement program, and this grant will enable that action. Council Member Spillman asked Assistant City Manager Melissa Stephens what the total amount of grant funding for energy conservation would be after this is approved. Stephens answered the amount would be 1.8 million dollars. Council Member Swayze asked to refer back to Consent Item 13 establishing energy conservation goals as required by the Texas Health and Safety Code. He said the mandate of reducing the energy consumption 5% each year for 10 years amounts to 50%. He questioned if this was realistic and if it were even possible to do that. He did not see any penalties involved and wondered if we had to submit documentation to show we were doing our best. Stephens stated there are no penalties. The formal adoption of SB5 came out several years ago, but it was not a mandate at that time. Now it is. She commented we would do our utmost the first few years in an attempt to meet the goal. Many programs are currently in place. Swayze stated he thought it was a good thing to do and assumed the growth of the economy would affect this program. Stephens referred to the new facilities that increased the consumption, and any further expansions would directly affect that number. Mayor Franke said he did not see any consequences attached to the bill, and Stephens agreed. 4. Consider authorizing the Mayor to execute a construction contract with Fain Group, Inc. for Lake Ridge Parkway Phase II, Hike and Bike Trail Project. Sims read the item. Council Member Parvin asked if we have worked with this group previously.

12 City Council Briefing Minutes 6 September 25, 2012 Regaynal Poplion stated this is a new firm for us, but all references and licenses have been checked. Adjourn. Prior to adjournment, Mayor Franke thanked the Citizens on Patrol for their attendance and commented on their bright shirts. There being no more business, the Mayor entertained a motion to adjourn. Mayor Pro Tem Haydin moved to adjourn the Briefing Session, seconded by Council Member Parvin. Following a unanimous vote, the meeting adjourned at 6:47 p.m. Attest: Lyn Hill, City Secretary Approved: Rob Franke, Mayor

13 MINUTES CITY OF CEDAR HILL CITY COUNCIL MEETING SEPTEMBER 25, 2012 The City Council of the City of Cedar Hill, Texas met in regular session Tuesday, September 25, 2012, 7:00 p.m., T.W. Turk Cannady - Cedar Hill Room, 285 Uptown Blvd., Cedar Hill, Texas. Present: Mayor Rob Franke, Mayor Pro Tem Daniel C. Haydin, Jr., Council Members Stephen Mason, Chris Parvin, Cory Spillman, Cliff Shaw and Wallace Swayze. I. Call the meeting to order. Mayor Franke called the meeting to order at 7:00 p.m., declaring it an open meeting, that a quorum was present and that the meeting notice was duly posted. II. Pledge of Allegiance. Council Member Spillman led the Pledges of Allegiance to both the United States and Texas Flags. III. Invocation. Reverend Steve Ginn, Cedar Hill Police Chaplain, gave the invocation. *** Special Notice Mayor Franke stated Council Member Spillman requested to address the meeting. Spillman gave a very emotional announcement of his resignation from the City Council, to be effective on November 1, He explained he is moving to Peru with his job. Spillman said he believes it will be good for his family, although it is hard to leave Cedar Hill. He, also, gave the good news that he and wife, Whitney, are expecting their third child in seven months. Spillman feels they will be in Peru for about three years, after which time they will return to Cedar Hill. Stating he has been privileged to serve on the City Council, he referred to them as rich years. Mayor Franke added he has spoken with Spillman previously about his decision. He expressed his admiration for Spillman, adding that few would understand how he felt. Cory has been my wingman, he said.

14 City Council Minutes October 25, 2012 City Council Members shared their thoughts and well wishes, telling Spillman it was hard to see him go. Spillman said there would be a formal good-bye later, and he would be with the City Council until November. IV. Presentation: Item 1 was to accept a donation from Cedar Hill Baseball Association. Mayor Franke gave praise for the Baseball Association, noting they not only gave money back into the City but also took care of the fields, helped with construction and showed leadership. John Hurst went over some of the group s accomplishments such as the opening of new fields in Hurst called this a grand time for the City, helping us become a better Premier City. When he came on board eight years ago, he challenged the Association to find where they could volunteer and help raise funds. One of these was the tournaments. The World Series is a major function that has been very successful. That will take place in Cedar Hill again in Hurst said the Board Members strive to show integrity and professionalism whether they are here or elsewhere. Through the years, they have been able to collect funds for park improvements. Hurst presented a check for $85,000 to the City. Mayor Franke said there is a reason why Cedar Hill is so special, and this shows why. Item 2 was to receive the Cedar Hill Police Department s 2011 Annual Report. The Mayor spoke on Cedar Hill Crime Control Prevention District, noting this is on the November 6 Election ballot. He urged everyone to look at the bottom of the ballot for the proposition. Police Chief Rhodes introduced eight new police officers hired over the last few months. Rhodes stated the cover photo was taken by David Goodspeed. This report centers on how safe Cedar Hill is. He gave an overview of the report and turned it over to his capable employees who addressed the 2011 Annual Report as follows: Lt. Brown - State Accreditation and statistics Lt. Lafferty Criminal Investigations major cases and trials, as well as the customer satisfaction survey Assistant Chief Thompson crime prevention initiatives Lisa Campbell CPAAA

15 City Council Minutes October 25, 2012 The Police Department s major accomplishments in 2011 include: Renewing the Texas Recognized Agency through the Texas Police Chiefs Association for best practices in police services Lowest violent crime rate (2.4 per 1,000 population) of the Best Southwest cities Increasing the overall case clearance rate to 42.9% Investigating and solving many high profile and complex cases Increasing citizen participation by 68% in volunteer hours and 1.200% increase in neighborhood patrol miles Achieving a 99% overall customer approval rating for police services delivered based on customer service surveys Following the presentations, Assistant Chief Thompson issued the departmental coin to each of the City Council Members. Chief Rhodes explained the significance of the coin. Mayor Franke commented the Police Department went from a small town police force to an outstanding and professional group. He praised their achievements. V. Distinctive Character: Item 1 was to present Certificates of Appreciation to citizens who have demonstrated outstanding civic responsibility in assisting police in apprehending criminals. The Mayor talked about the description of distinctive character. Chief Rhodes, Assistant Chief Thompson and Mayor Franke announced the eight citizens who actively engaged in helping to apprehend criminals. Two were present for the presentation of the plaques. These are: Joseph Graves William Glee Others being honored, but were not present are: Dylan Green Valerie Richey Doretta Ward-Sauls Martin Trevino Patrick Dunkins

16 City Council Minutes October 25, 2012 Elijah Stroughter VI. Consent Agenda: Mayor Franke read the consent agenda no one asked that an item be removed for separate consideration Item 1 was to consider approving the minutes of the regular meeting of September 11, Item 2 was to consider acceptance of the Cedar Hill Police Department s 2011 annual report. Item 3 was to consider adoption of Resolution No. R approving the City of Cedar Hill Investment Policy. Item 4 was to consider approving the list of broker/dealers authorized to buy/sell securities from/to the City of Cedar Hill. Item 5 was to consider approving Ordinance No adopting the 2008 National Electrical Code. Item 6 was to consider approving Ordinance No adopting the 2009 International Building Code. Item 7 was to consider approving Ordinance No adopting the 2009 International Fuel Gas Code. Item 8 was to consider approving Ordinance No adopting the 2009 International Mechanical Code. Item 9 was to consider approving Ordinance No adopting the 2009 International Plumbing Code. Item 10 was to consider authorizing the Mayor to execute a renewal of the Health Inspector Independent Contractor s Agreement with Food Establishment Inspection Service. Item 11 was to consider adoption of Resolution No. R approving appointments to the Board of Directors of the Cedar Hill Public Improvement District No. 1, otherwise known as High Pointé PID. Item 12 was to consider authorizing the Mayor to execute an interlocal agreement with the City of Fort Worth for the City s continued participation with the Fort Worth Environmental Collection Center. Item 13 was to consider adopting Resolution No. R12-368, establishing energy conservation goals as required by the Texas Health and Safety Code.

17 City Council Minutes October 25, 2012 Item 14 was to consider awarding bid and authorizing the Mayor to execute a contract with Roeschco Construction for Red Oak Creek Trail. Mayor Pro Tem Haydin made a motion to approve the Consent Agenda items, seconded by Council Member Spillman. After the reading of the ordinances by Assistant City Manager Stephens, the motion passed by unanimous vote. VII. Citizens Forum. Elaine Cook of the Zula B. Wylie Library Board spoke on the Excellence in Service Award received for the 6 th year. There will be a reception to celebrate the award on Oct. 18 at 6:00 p.m. and a ticketed dinner at 7:00 p.m. (cost of $25). The first week of October, the Library Staff will be honored by the Board. VIII. Regular: Item 1 was to receive presentation and consider approval of Ordinance No adopting the 2012 Parks, Recreation, Trails & Open Space Visioning Master Plan (Plan). Mayor Franke introduced the item. Parks Director Rhoda Savage gave a presentation on the Plan. Rick Cook, Parks Board Chairman, gave an overview of the process. A motion was made by Mayor Pro Tem Haydin to approve the item, seconded by Council member Swayze. Assistant City Manager Stephens read the ordinance, and the item passed by unanimous vote. Item 2 was to consider awarding a bid for construction of a fence as part of the S. Clark Road Corridor Improvement Plan and select the type of fence material. Mayor Franke read the item and entertained a motion. Council Member Spillman moved to accept the Rhino Rock, seconded by Council Member Parvin. The item passed by unanimous vote. Item 3 was to consider authorizing the Mayor to execute a grant agreement with the Bureau of Reclamation for a WaterSmart grant.

18 City Council Minutes October 25, 2012 The Mayor introduced the item. Mayor Pro Tem Haydin made a motion to approve the item, seconded by Council Member Spillman, The item passed by unanimous vote. Item 4 was to consider authorizing the Mayor to execute a construction contract with Fain Group, Inc. for Lake Ridge Parkway Phase II, Hike and Bike Trail Project. Mayor Franke read the item. Council Member Parvin moved to approve the item, seconded by Mayor Pro Tem Haydin. The item passed by unanimous vote. IX. Updates and announcements from City Council Members. City Manager Sims stated he spoke to CHISD Superintendent Williams and discussed meeting with neighborhood groups about the various items on the ballot for November. Williams requested City Staff notify the School Board of all future events on the City Council calendar. Mayor Pro Tem Haydin stated he attended the Board of Adjustments meeting earlier in the day to talk about the Crime Control and Prevention District. X. Adjourn Upon a motion by Mayor Pro Tem Haydin, seconded by Council Member Parvin, the meeting adjourned at 9: 27 p.m. Attest: Lyn Hill, City Secretary Approved: Rob Franke, Mayor

19 Consent #2 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: October 9, 2012 Agenda Item Wording: Consider adoption of Ordinance No authorizing the City of Cedar Hill to reduce the Texas Municipal Retirement System (TMRS) Cost of Living Adjustment (COLA) percentage from 70% to 50%. Summary: The Cost of Living Adjustment (COLA) is based on the Consumer Price Index (CPI) and permanently increases the retirement annuity. The City of Cedar Hill retirees are receiving 70% of the CPI. With the adoption of this ordinance, the COLA percentage is reduced from 70% to 50%. The retirees would not see a decrease in their present annuity income; however, it may be a few years before they see an increase. At the Budget Workshop in August, staff presented a list of surrounding cities in the Metroplex that have already reduced the COLA. Reducing the COLA percentage from 70% to 50% would lower the City s TMRS rate from 15.45% to 13.36%. Adoption of this ordinance is projected to result in an annual savings to the general fund of $219,000. This ordinance has been approved as to form by legal counsel. Funding Source: All funds with personnel costs Recommended Action: Adopt Ordinance No Department: Human Resources Contact / Phone No: Tracey Tso X 1053 Attachments: Yes If yes, how many pages: 1

20 CITY OF CEDAR HILL ORDINANCE NO REGARDING TEXAS MUNICIPAL RETIREMENT SYSTEM TMRS-CPI R AN ORDINANCE PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF CEDAR HILL, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF, CEDAR HILLTEXAS: Increase in Retirement Annuities. (a) On the terms and conditions set out in Sections and of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 50% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of the increase under this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the Benefit Accumulation Fund of the System. Dates of Increases. The initial increase in retirement annuities hereunder shall be effective on January 1, 2013, subject to approval by the Board of Trustees of the System. An increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section of the TMRS Act, and provided further that, as to such subsequent year, the City has an ordinance in effect that provides for a simultaneous increase in updated service credits as that term is used in the TMRS Act. Effective Date. Subject to approval by the Board of Trustees of the TMRS System, this ordinance shall be and become effective on the 1st day of January Passed and approved this the day of,. ATTEST: APPROVED: Lyn Hill (City Secretary) Rob Franke (Mayor)

21 Consent #3 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: October 9, 2012 Agenda Item Wording: Consider adoption of Resolution No. R12-369, extending the depository contract for one year. Summary: In June 2009, the City Council authorized the execution of the current depository contract with Prosperity Bank. The contract consisted of a three-year term and an addendum was subsequently authorized to allow two, one-year renewal options. The three-year term has expired and we request to exercise the first renewal option. By exercising this option, the City will continue to have no banking fees. However the interest rate earned will decrease from 1% to.5%. Even with a decrease in interest earnings rate, this rate is still optimal as compared to the earnings rate of the investment pools. This resolution is needed to execute the first one-year renewal option. Funding Source: N/A Recommended Action: Adopt Resolution No. R Department: Finance Contact / Phone No: Hardy Browder x1063 Attachments: Yes If yes, how many pages: 3

22 RESOLUTION NO. R A RESOLUTION EXTENDING THE CITY OF CEDAR HILL DEPOSITORY CONTRACT WITH PROSPERITY BANK OF CEDAR HILL, TX. Be it resolved by the City of Cedar Hill that: Prosperity Bank, Depository, located in Dallas County, State of Texas, being a bank, and City of Cedar Hill agree to extend for an additional one year term from October 1, 2012 through September 30, This extension is a provision for a one-year extension subject to mutual agreement of both parties. For Checking w/interest, Prosperity Bank will pay out stated NOW rate as it changes with a floor of.50%. For Money Market accounts, Prosperity Bank will pay out our ProsPerfect Money Market rate as it changes with a floor of.50%. Prosperity Bank s interest on Time Deposits will be at a Prosperity Bank CD rate in effect at the time of purchase for like balance and term of the Time Deposit. AGREED and ACCEPTED on behalf of City of Cedar Hill this day of, 20. Rob Franke, Mayor City of Cedar Hill AGREED and ACCEPTED on behalf of Depository this day of, 20. Prosperity Bank, Depository By: Print Name: Title:

23 ACKNOWLEDGMENT State of Texas Dallas County Before me, the undersigned authority in and for said county and state, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument on behalf of said depository, and acknowledge to me that (s)he executed the same as the act and deed of said depository, for the purpose therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of, 20. (Seal) Signature of Notary Notary Public in and for Dallas County, Texas

24 Consent #4 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: October 9, 2012 Agenda Item Wording: Consider adoption of Ordinance No repealing Chapter 15 of the Code of Ordinances of the City of Cedar Hill, Texas pertaining to Parks and Recreation and adopting a new Parks and Recreation ordinance in place thereof. Summary: Staff presented information related to the recommended park ordinance to the City Council during their August 14, 2012 meeting. An outline of the contents of each ordinance, as well as copies of the existing and proposed ordinances, was handed out during the meeting. Those documents are attached. Primary reasons for the proposed ordinance are: language included in the existing ordinance has become obsolete and is no longer applicable; updates to the existing ordinance have not been made as needed to correspond with changes in City operational procedures; general cleanup is needed to allow for better organization of the content as well as provide more streamlined processes. The City Council was advised to provide comments on the ordinance during September. City Council comments have been included in the proposed ordinance. The Parks Board approved the ordinance on April 18, Ordinance No has been approved to form by legal counsel. Funding Source: N/A Recommended Action: Adopt Ordinance No Department: Parks and Recreation Contact / Phone No: Rhoda L. Savage X1511 Attachments: Yes If yes, how many pages: 40

25 Park Ordinance Revisions

26 Code of Ordinances What are we doing? Updating the Parks and Recreation Ordinance Why are we doing it? Hasn t been done in many years (ever) Information Obsolete/ Not Applicable Operational Changes Create Streamlined Processes

27 Code of Ordinances Progress and Purpose of Briefing July 2011 Began Review w/ Park Board April 2012 Finalized Draft Ordinance and Park Board Approved May 2012 City Attorney-Approved as to Form August 2012 Begin Review w/ City Council September 2012 City Council Approval

28 Code of Ordinances Chapter 15 Parks and Recreation Existing Ordinance is Divided into Five (5) Articles Article I: Article II: In General Park Board Article III: Scheduling Use of Athletic Fields and Facilities Article IV: Park Regulations Article V: Water Safety Act

29 Parks and Recreation Ordinance No. XX Proposed Ordinance is Divided into Six (6) Articles Article I: Park Board Article II: Park Regulations and Procedures Article III: Parks and Recreation Facility Use, Fees and Charges Article IV: Permitting Process Article V: Naming of Parks Article VI: No Private Right of Action

30 Code of Ordinances Existing In General Park Board Scheduling Use of Athletic Fields and Facilities Park Regulations Water Safety Act Proposed Park Board Park Regulations and Procedures Parks and Recreation Facility Use, Fees and Charges Permitting Process Naming of Parks No Private Right of Action

31 Code of Ordinances Existing In General Park Board Scheduling Use of Athletic Fields and Facilities Park Regulations Water Safety Act Proposed Omitted Article Move to Rules and Regulations Omit Title 31 (obsolete)

32 Code of Ordinances Existing In General Park Board Scheduling Use of Athletic Fields and Facilities Park Regulations Water Safety Act Proposed Board Formed in 1976 Revised and Renumbered Article Major Revisions re: Authority Over Facilities Omitted Annual Report Requirement Added Hear Appeals re: Youth Sports

33 Code of Ordinances Existing In General Park Board Scheduling Use of Athletic Fields and Facilities Park Regulations Water Safety Act Proposed Deleted Existing Terms and Conditions: Required Park Board Action Proposed Ordinance Contains Two Pertinent Articles Parks and Recreation Facility Use, Fees and Charges Permitting Process

34 Code of Ordinances Existing In General Park Board Scheduling Use of Athletic Fields and Facilities Park Regulations Water Safety Act Proposed Most of Contents Remain Revised Order and Simplified Information Separated Permitting Procedures

35 Code of Ordinances Existing In General Park Board Scheduling Use of Athletic Fields and Facilities Park Regulations Proposed Act is no longer applicable (bomb it) Water Safety Act

36 Code of Ordinances Existing In General Park Board Scheduling Use of Athletic Fields and Facilities Park Regulations Water Safety Act Proposed Park Board Park Regulations and Procedures Parks and Recreation Facility Use, Fees and Charges Permitting Process Naming of Parks No Private Right of Action

37 Code of Ordinances Naming of Parks Recommend to Council Naming very broad and open ended No Private Right of Action Process for Naming of Parks Currently in Policy Form Recommend to Council

38 Code of Ordinances Naming of Parks Recommend to Council Naming very broad and open ended No Private Right of Action Cannot have criminal charges filed on us No Private Right of Action

39 Current Park Ordinance Contents Chapter 15 PARKS AND RECREATION* ARTICLE I. IN GENERAL Sec Operation of motor vehicles restricted. Sec Drilling for oil, gas or other minerals prohibited. Sec Adoption of Sections through of the Texas Administrative Code, Title 31; enforcement and penalty. ARTICLE II. PARK BOARD* Sec Created. Sec Members. Sec Term of members. Sec Eligibility of members; compensation. Sec Duties and authority; property. Sec Rules and regulations; election and term of officers; meetings. Sec Annual report. Sec Removal from board; vacancies. ARTICLE III. SCHEDULING USE OF ATHLETIC FIELDS AND FACILITIES Sec Definitions. Sec Priority use and access. Sec Reservation procedure. Sec Schedules to be posted with police department. Sec Interference with reserve use unlawful. Sec Penalty for violation. ARTICLE IV. PARK REGULATIONS Sec Definitions. Sec Buildings and other property. Sec Protection of wild animals. Sec Camping. Sec Fires. Sec Animals and pets. Sec Vehicle operation within parks. Sec Prohibited acts. Sec Closed areas. Sec Permits required. Sec Application procedure. Sec Standards for issuance of permit and procedures. Sec Interference with users of permits. Sec Injury to trees, shrubs, fences, etc. Sec Penalty for violation. Sec Reward for information on vandalism in public parks. ARTICLE V. WATER SAFETY ACT* Sec Adoption. Sec Enforcement and penalty.

40 Proposed Park Ordinance Contents SECTION 1. REPEAL CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CEDAR HILL SECTION 2. ADOPTION OF NEW PARKS AND RECREATION ORDINANCE PARKS AND RECREATION Section Definitions ARTICLE I. PARK BOARD* Sec Created. Sec Members. Sec Term of Members. Sec Officers and Duties. Sec Compensation. Sec Powers and Duties Sec Removal from board; vacancies. Sec Meetings. Sec Subcommittees. ARTICLE II. PARK REGULATIONS AND PROCEDURES Sec Park hours and park closings. Sec Fires. Sec Motor vehicle operation within parks. Sec Sports leagues, associations, and organizations Sec Permit required; exemptions. Sec Additional prohibited acts. Sec Penalty for violation. Sec Reward for information on vandalism in Parks. Sec Enforcement of article. ARTICLE III. PARKS AND RECREATION FACILITY USE, FEES AND CHARGES Sec Facility use; fees. Sec Priority use. ARTICLE IV. PERMITTING PROCESS Sec Application. Sec Approval, denial and revocation of Event Permit. Sec Appeal of denial or revocation of Event Permit. Sec Interference with Permitted use of Park Areas. Sec Simple facility reservations. ARTICLE V. NAMING OF PARKS Sec Naming of Parks.

41 ARTICLE VI. NO PRIVATE RIGHT OF ACTION SECTION 3. SEVERANCE CLAUSE SECTION 4. INCORPORATION INTO THE CODE OF ORDINANCES SECTION 5. EFFECTIVE DATE SECTION 6. PUBLICATION

42 Chapter 15 PARKS AND RECREATION* *Charter references: Provisions relating to parks and playgrounds, art. IV, 20. Cross references: Swimming pool code, et seq.; flood damage prevention and control, Ch. 7; motor vehicles and traffic, Ch. 11; planning, Ch. 16; streets, sidewalks and other public places, Ch. 19; subdivision regulations, Ch. 20. State law references: Authority of home rule cities to acquire land for parks, V.A.C.S. art. 1175(15); city parks, V.A.C.S. art et seq. Art. I. In General, Art. II. Park Board, Art. III. Scheduling Use of Athletic Fields and Facilities, Art. IV. Park Regulations, Art. V. Water Safety Act, 15-97, ARTICLE I. IN GENERAL Sec Operation of motor vehicles restricted. (a) As used in this section, "motor vehicles" means every mechanical device in, upon, or by which any person or property is or may be transported or drawn, except devices moved by human power. (b) No person shall operate or cause to be operated any motor vehicle in a public park, except upon roadways designed for such motor vehicles or in areas designated for parking motor vehicles. (c) Any person who violates any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to punishment as provided in section 1-7 of this Code of Ordinances. (Code 1976, ; Ord. No , 1--3, ) Sec Drilling for oil, gas or other minerals prohibited. The drilling for oil, gas or other minerals on and within land used or dedicated for public park purposes is prohibited. (Ord. No , 1, ) Sec Adoption of Sections through of the Texas Administrative Code, Title 31; enforcement and penalty. (a) Sections through of the Texas Administrative Code, Title 31 are hereby adopted and incorporated in their entirety as though fully set out at length herein, and the provisions of such code shall be controlling in the regulation and promotion of safety for persons and property in and connected with the use and enjoyment of all state parks located within the corporate limits of the city and to all areas within five thousand (5,000) feet of the corporate limits of the city. (b) Any person, firm, partnership, joint venture or corporation who violates or fails to comply with any provision of Sections through of the Texas Administrative Code, Title 31 or any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof in the municipal court of the city shall be liable for a fine of an amount not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and each and every instance of the violation of Sections

43 of the Texas Administrative Code, Title 31 or this section shall constitute a separate offense and shall be punishable by separate fines for each offense. (Ord. No , 1, 2, ) Secs Reserved. ARTICLE II. PARK BOARD* *Cross references: Attendance of board, commission members at meetings, etc., 2-1. _Sec Created. There is hereby created a park board. (Code 1976, 1-4) Sec Members. The members of the park board of the city shall be appointed by a majority of the city council and the park board shall consist of nine (9) members. (Code 1976, 1-42; Ord. No , 1, ) Sec Term of members. The term of office of members of the park board shall be two (2) years from the date of their appointment until the date of reappointment and until their successors shall have been appointed and qualified. (Code 1976, 1-43) Sec Eligibility of members; compensation. No person shall be eligible for appointment to the park board who is not a citizen of the United States and a resident of the city. The members of the board shall serve without compensation. (Code 1976, 1-44) Sec Duties and authority; property. The park board shall act as and be an advisory board to the city council and make recommendations to the city council relative to the management and maintenance of all the public parks, parkways, lakes, water parks, municipal squares, improved or unimproved, and the grounds surrounding all municipal buildings (except school buildings) now owned or controlled by the city, either within or without the corporate limits; the beautifying and parking of any ground, street, or boulevard, or part thereof, or of any cemetery belonging to the city, which the city council may designate to receive such improvements; and the planting and care of all trees, plants, and shrubs of any kind in the public parks and other grounds under its jurisdiction, as well as on or in the streets and sidewalks of the city. It shall recommend to the city council the institution of condemnation proceedings whenever, in its judgment and discretion, private property should be taken in the name of the city for the purposes of enlarging the park system of the city. (Code 1976, 1-45)

44 Sec Rules and regulations; election and term of officers; meetings. The park board shall have power to recommend rules and regulations for the government of the parks and other grounds under its jurisdiction. It shall organize itself by electing from its membership a president, vice president, and secretary, who shall hold office for one (1) year and until their successors are elected and qualified. It shall hold regular meetings at least once every month and shall establish rules and regulations for its government and for the performance of its duties. (Code 1976, 1-46) Sec Annual report. It shall be the duty of the park board, at the end of each fiscal year, to file with the city council a full and detailed report of the business and operations of the board for the year then ending, and to make such recommendations to the council as it may deem advisable, looking to the improvements and betterment of the service of the board. (Code 1976, 1-47) Sec Removal from board; vacancies. The members of the park board shall be subject to removal from office by the city council for any cause deemed by the city council sufficient for their removal in the interest of the public service. Any vacancy in the membership of the board shall be filled by the city council for the unexpired term of the member whose place becomes vacant for any reason. (Code 1976, 1-48) Secs Reserved. ARTICLE III. SCHEDULING USE OF ATHLETIC FIELDS AND FACILITIES Sec Definitions. As used in this article: Athletic facilities shall mean any premises or structure which may be utilized for athletic events and which is located on property owned or leased by the city. Athletic fields shall mean all football fields, soccer fields, baseball fields, and softball fields utilized or constructed on land owned or leased by the city. (Code 1976, 13-12; Ord. No , 2, ) Cross references: Definitions and rules of construction generally, 1-3. Sec Priority use and access. Any individual, team or league having a reservation with the park board of the city for the use of an athletic field or facility shall have first priority as to the use of such athletic field or facility and shall also have the exclusive use of and access to such designated athletic field or facility. Such exclusive use of and access to the designated athletic field or facility shall continue during the date and time provided on the reservation schedule. (Code 1976, 13-11; Ord. No , 1, )

45 Sec Reservation procedure. All reservations for the use of and access to an athletic field or facility must be made with an agent of the city's park board who shall be specifically designated to maintain such reservation schedule. All decisions made by such representative concerning any conflicts of reservations shall be final. (Code 1976, 13-13; Ord. No , 3, ) Sec Schedules to be posted with police department. True and correct copies of the reservation schedule for the use of athletic fields or facilities shall be timely posted with the city's police department for the use of such department in the enforcement of this article. (Code 1976, 13-14; Ord. No , 4, ) Sec Interference with reserve use unlawful. It is hereby declared to be unlawful for any person, team or league to interfere with the exclusive use of and access to athletic fields or facilities by individuals or groups possessing a reservation for such use. (Code 1976, 13-15; Ord. No , 5, ) Sec Penalty for violation. Any person, team or league violating any provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction of such offense by the municipal court, shall be subject to punishment as provided in section 1-7 of this Code of Ordinances. (Code 1976, 13-16; Ord. No , 6, ) Secs Reserved. ARTICLE IV. PARK REGULATIONS Sec Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Alcoholic beverage means alcohol in any beverage containing more than onehalf of one (1) percent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted. Amplified sound means music or speech projected or transmitted by artificial means including, but not limited to, amplifiers, loudspeakers or any similar devices, but not including automobile or portable am/fm radios, cassette or tape players. Assembly means a group or gathering of persons for the purpose of deliberations, legislations, worship or entertainment. Department means the city department of parks and recreation. Director means the director of the parks and recreation department or his authorized representative. Parade means a gathering of persons for public procession.

46 Park means any land held, used, owned, maintained or acquired by the city for use as a public park, recreation or playground area, and any building or facility thereon, whether or not such areas have been formally dedicated to such purpose. Parking area means any portion of any park or any park road or drive designated by the director for the parking of vehicles. Permit means written permission from the director to carry out a given activity in a park. Vehicle includes any wheeled device of conveyance, propelled by motor or engine. The term shall include any trailer of any kind, size or description. Exception is made for vehicles which may be utilized in service of the city. (Ord. No , I(1), ) Sec Buildings and other property. It shall be unlawful for any person to construct or erect any building or structure of any kind, whether permanently or temporarily, upon any city park without the express, prior written consent of the director. (Ord. No , I(2), ) Sec Protection of wild animals. It shall be unlawful for any person in any city park to do or cause to be done any of the following without first obtaining a permit from the director: Capture, attempt to capture, hunt, molest, injure, trap, or administer or set out any trap or harmful substance for any wild or domesticated animal, reptile, bird or fish, or remove or have in his possession the young, eggs or nest of any animal, reptile or bird, except any person shall be permitted to fish for and remove from the lakes at any city park fish that they may catch on a fishing pole line. (Ord. No , I(3), ) Sec Camping. No person shall camp overnight in a park except in a designated area. No person shall camp overnight in a park without first obtaining a camping permit from the director. (Ord. No , I(4), ) Sec Fires. (a) No person shall start or maintain, in any park, any outdoor fire except for cooking fires, which shall be started and maintained only in a provided stove, fireplace, barbecue pit, or in a portable camp stove. (b) Any person wishing to start or maintain, in any park, any outdoor fire in an area not designated for that purpose shall first obtain a fire permit from the director. (c) No person starting or maintaining any fire in a park shall leave the fire unattended without first completely extinguishing the fire. (Ord. No , I(5), ) Sec Animals and pets. (a) It shall be unlawful and an offense for any person to: (1) Ride a horse or other animal in a park except in areas or on paths or trails designated by park rules and regulations for equestrian use. (2) Permit any dog owned or possessed by him to run at large in a park. The term "at large" shall mean off the premises of the owner and not under the control of the owner or

47 other person authorized by the owner to care for the dog, either by leash, cord, chain or otherwise. (3) Abandon any animal in the park. (b) It shall be unlawful and an offense for any person to ride any animal within a park when such animal is not properly restrained and ridden with due care. (c) No animal shall be allowed to go unattended within a park. (Ord. No , I(6), ) Sec Vehicle operation within parks. (a) The maximum lawful prima facie speed limit in all parks shall be fifteen (15) miles per hour. (b) It shall be unlawful and an offense for any person to drive or operate any motor vehicle, including without limitation automobiles, motorcycles and motorbikes, within a park: (1) Except on paved streets or roadways designated for traffic or in designated parking areas of such park; or (2) At a speed greater than fifteen (15) miles per hour. (c) It shall be unlawful for any person to drive, use, operate, park or stop any motor vehicle at any place in a park in such a manner as to endanger or interfere with the lawful traffic or use of park roads or parking lots or in such a condition as to endanger or interfere with lawful traffic or use of park roads or parking lots. (d) It shall be unlawful for any person to stop, stand or park any motor vehicle, including without limitation automobiles, motorcycles and motorbikes, except in designated parking areas; or to fail to park the entire motor vehicle within the limit lines of a designated parking stall, where such lines have been provided. (e) If a motor vehicle is parked or left in violation of this section and the owner or operator of the vehicle cannot immediately be found to move such vehicle, the police department of the city may remove or impound the vehicle or the vehicle may be removed in accordance with the Code of Ordinances of the City of Cedar Hill, Texas. (f) If a vehicle is found unattended or unoccupied in a park in violation of any provision of this article, the fact that such vehicle is unattended or unoccupied by any person shall be prima facie evidence that the owner unlawfully stopped, placed or parked such vehicle. The records of the state highway department or the county highway license department showing the name of the person to whom state highway license plates were issued shall constitute prima facie evidence of ownership by the person therein named. (Ord. No , I(7), ) Sec Prohibited acts. (a) Within the limits of any park within the city, it shall be unlawful for any person or persons to possess or consume any alcoholic beverage. (b) It shall be unlawful and an offense for any person to swim or use or operate a boat in any lake in Bradford or Windsor City Parks or any other park owned by the city, except that model boats or radio-controlled sport boats which are incapable of carrying occupants may be operated. (c) It shall be unlawful for any person to place or permit to be placed trash, garbage, debris or other waste materials not accumulated during the course of normal park activities. (Ord. No , I(8), )

48 Sec Closed areas. (a) All city parks shall be closed between the hours of 11:30 p.m. and 5:30 a.m. (b) Further, any section or part of any park may be declared closed to the public by the director at any time and for an interval of time, either temporarily or at a regular stated interval (daily or otherwise) and either entirely or for certain uses, as the director shall find reasonably necessary for the protection of public health, safety or park maintenance. It shall be unlawful for any person to use or be present in any closed area unless authorized by the director. (Ord. No , I(9), ) Sec Permits required. (a) In addition to any other provision of this article that requires the obtaining of a permit prior to engaging in a given activity, it shall be unlawful for any person in a park to conduct, operate, present, manage or take part in any of the following activities, unless a permit is obtained from the director prior to the start of such activity: (1) Any organized sport activity which has not been previously subject to an allocation of sports facilities to an organized league or association pursuant to article III of this chapter. (2) Any exhibit, music event, play, motion picture. (3) Any assembly or parade. (4) Any use of amplified sound equipment. (5) Any sale of food, drinks or goods. (6) Any park use between 11:30 p.m. and 5:00 a.m. except the following public through street: Somerset Drive. (7) Cutting or removal of any trees. (b) Permits required by this section shall be posted in the area where the activity is conducted or produced and exhibited upon demand of any law enforcement officer of the city or any authorized park employee of the city. (Ord. No , I(10), ) Sec Application procedure. (a) Any person seeking the issuance of a permit to carry on an activity in a park shall file an application with the director. The application shall contain the following, to wit: (1) The name, address and telephone number of the person or organization applying for the permit and, if an organization, its officers. (2) The exact nature of the use or activity for which the permit is being sought. (3) The day and hours for which the permit is desired. (4) The part and the portion of the park desired to be used to carry out the proposed use or activity. (5) An estimate of the anticipated attendance. (6) Any other information that the director finds to be reasonably necessary. (b) Application shall be filed with the director for consideration not less than two (2) days nor more than three hundred sixty-five (365) days before the date of the proposed use or activity. Emergency requests for permits may be submitted and considered at the director's discretion. The park director shall evaluate the application and render a decision on the request. (Ord. No , I(11), )

49 Sec Standards for issuance of permit and procedures. (a) A permit shall be issued unless the director finds: (1) That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park; or (2) That the proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety or welfare; or (3) That the facilities desired have been reserved for another activity or use at the day and hour requested in the application; or (4) That false or misleading information is contained in the application or required information is omitted; or (5) That the event would violate any federal, state or municipal law. (b) The director may impose reasonable conditions or restrictions on the granting of a permit including, but not limited to, any of the following: (1) Restrictions on fires, fireworks, amplified sound, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park property; (2) A requirement that the applicant post a reasonable deposit or security for the repair of any damage to park property or the cost of cleanup, or both; (3) A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the city at the proposed use or activity; (4) A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought. (c) Permits shall not be transferable without the written consent of the director. (d) Within four (4) days after the park director has conducted his final review of the application, the park director shall apprise an applicant in writing of his approval of such application or of the reasons for refusing a permit or any conditions which are required for the issuance of the permit. Any person dissatisfied with a decision of the park director shall have the right to appeal in writing within six (6) days of the date of the park director's written refusal of a permit. Such appeal shall be presented by the applicant in writing to the city manager who shall consider the application under the standards established in this article. The city manager shall sustain or overrule the park director's decision within fourteen (14) days of the date he receives the written appeal from the applicant. The city manager's decision on such appeal shall be final. (e) A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in his permit. (f) The person to whom a permit is issued shall be liable for any loss, damage or injury to persons or property whatsoever by reason of the negligence of the person to whom such permit is issued and his or its agents, officers or employees. (g) The director shall have the authority to revoke a permit upon a finding of violation of any rule, ordinance, state or federal law, or upon the violation of any condition or restriction under which the permit was issued. The right of appeal procedure set out in (d) above shall apply to any person aggrieved by any such revocation. (Ord. No , I(12), )

50 Sec Interference with users of permits. It shall be unlawful for any person to prevent, disturb or unreasonably interfere with any other persons occupying any area or participation in any lawful activity permitted within the park. (Ord. No , I(13), ) Sec Injury to trees, shrubs, fences, etc. It shall be unlawful for any person to cut, break, deface or in any way injure the trees, shrubs, plants, grass, turf, fountains, seats, structures, improvements, ornaments or monuments or property within or upon any of the public parks. (Ord. No , I(14), ) Sec Penalty for violation. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction in municipal court shall be subject to a fine of not more than two hundred dollars ($200.00) for each offense, and each and every day said violation continues shall constitute a separate offense. (Ord. No , IV, ) Sec Reward for information on vandalism in public parks. (a) The city does hereby offer a reward in the amount of not less than two hundred fifty dollars ($250.00) to any person or persons providing information which results or is reasonably related to the arrest and conviction of any person, firm, partnership or corporation found guilty of the commission of the crime of vandalism when such vandalism has occurred in a municipal park of the city. Such reward shall be considered a standing offer to any person or persons providing such information and shall be paid from the general fund of the city. (b) Only one (1) reward shall be paid to the person or persons collectively for providing information which results or is reasonably related to the arrest and convection of any person, firm, partnership or corporation found guilty of the commission of the crime of vandalism when such vandalism has occurred in a municipal park of the city. (c) The parks director of the city is hereby authorized and empowered to cause to be erected or displayed signs or placards declaring that a reward is offered, at such locations as are deemed to be reasonable and necessary by such director. (Ord. No , 1--3, ) Editor's note: Ord. No , 1--3, adopted June 12, 1990, not specifically amendatory of this Code, has been codified as at the discretion of the editor. ARTICLE V. WATER SAFETY ACT* *Editor's note: Sections 1 and 2 of Ord. No , adopted April 9, 1991, did not specifically amend the Code, and therefore were included as sections and at the discretion of the editor.

51 Sec Adoption. The 1989 Texas Water Safety Act formally codified by the Texas Legislature in the Texas Parks and Wildlife Code Annotated Section et seq. (Vernon 1989) is hereby adopted and incorporated in its entirety as though fully set out at length herein, and the provisions of such code shall be controlling in the regulation and promotion of recreation water safety for persons and property in and connected with the use of all recreational water facilities, and the regulation and promotion of safety in the operation and equipment of water facilities, within the corporate limits of the city and to all areas within five thousand (5,000) feet of the corporate limits of the city. (Ord. No , 1, ) Sec Enforcement and penalty. Any person, firm, partnership, joint venture or corporation who violates or fails to comply with any provision of the Texas Water Safety Act or any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof in the municipal court of the city, shall be liable for a fine of an amount not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and each and every instance of the violation of the Texas Water Safety Act or this article shall constitute a separate offense and shall be punishable by separate fines for each offense. (Ord. No , 2, )

52 ORDINANCE NO AN ORDINANCE OF THE CITY OF CEDAR HILL, TEXAS, PROVIDING FOR THE REPEAL OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CEDAR HILL, TEXAS PERTAINING TO PARKS AND RECREATION AND ADOPTING A NEW PARKS AND RECREATION ORDINANCE IN PLACE THEREOF; PROVIDING FOR PENALTIES; PROVIDING A SEVERANCE CLAUSE, PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cedar Hill, Texas, is a home-rule municipal corporation within the State of Texas with full power of local self governance; and WHEREAS, the City Council of the City of Cedar Hill, Texas, finds and determines that the City s current Parks & Recreation Ordinance is in need of substantial revisions to serve the needs of the City; and WHEREAS, the City Council of the City of Cedar Hill, Texas, finds and determines that it is in the best interest of the public health, safety and general welfare of the citizens of Cedar Hill, Texas, to adopt a new Parks and Recreation Ordinance. NOW, THEREFORE, be it ordained by the City Council of the City of Cedar Hill, Texas, that: SECTION 1. REPEAL OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CEDAR HILL, TEXAS The City Council of the City of Cedar Hill, Texas, hereby repeals Chapter 15 of the Code or Ordinances of the City of Cedar Hill, Texas, in its entirety. SECTION 2. ADOPTION OF NEW PARKS AND RECREATION ORDINANCE The City Council of the City of Cedar Hill, Texas, adopts the following title, terms and provisions as the Cedar Hill Parks and Recreation Ordinance to be codified as Chapter 15 of the Code or Ordinances of the City of Cedar Hill, Texas: PARKS AND RECREATION Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning: Alcoholic Beverage: Any beverage containing more than one-half of one (1) percent of alcohol by volume. All Sports Association: An association consisting of various sports associations within the City.

53 Amplified Sound: Music or speech projected or transmitted by artificial means including, but not limited to, amplifiers, loudspeakers or any similar devices. Applicant: A Person who has filed a written application for use of a Park for a specific purpose. Assembly: A group or gathering of Persons for the purpose of deliberations, legislations, worship or entertainment. Board: The Park Board. City: The City of Cedar Hill, Texas Community-Sponsored Not-For-Profit Organization: A non-profit organization existing or operating within the City that has received recognition as a "Department affiliate" by both the Board and the City Council. Concession Stand: A facility at a Park where food or drink is offered to the public. Department: The City of Cedar Hill Parks and Recreation Department. Director: The Director of the Department or his/her authorized representative. Event: An organized activity, gathering or parade that requires closure of a Park area to the general public, that effectively precludes normal use of a Park area, or that requires dedication of City resources beyond those normally associated with a Park area. Facility Use Agreement: A written agreement between the City and one or more Persons allowing use of City facilities for specified purposes including, but not limited to league games, practices and post season tournaments. Motor Vehicle: Any wheeled device of conveyance propelled by motor or engine, including without limitation, any automobile, motorcycle, motor bike, or trailer of any kind, size, or description. The term does not include vehicles owned by the City or operated on the City s behalf. Parade: The assembly of 30 or more Persons whose gathering is for the common design and purpose of traveling or marching in procession from one location to another location and whose route includes a portion of a Park. Park: Any land held, used, owned, leased, maintained or acquired by the City for use as a public park, trail, recreation or playground area, and any building or facility thereon, whether or not such areas have been formally dedicated to such purpose. Parking Area: Any portion of any Park or any Park road or drive designated by the Director for the parking of Motor Vehicles.

54 Park Street: A road that was designed to carry Motor Vehicles, was constructed entirely within the property lines of a Park, and that serves primarily the Park within which it is located. Permit: Written permission from the Director to carry out a specified activity in a Park. Person: Any individual, legal entity, partnership, association, corporation or other organization. Reimbursable Cost: Any costs incurred by the City in the staging of an Event or activity, including, without limitation, the following: (1) Utility services provided to the Event, including all of the costs of installation, maintenance and connection; (2) Food services inspection; (3) Repair, maintenance and removal of facilities in the event of a failure by the Applicant; (4) Repair of streets, alleys, sidewalks, Parks, and other public property; (5) Park staff support; (6) Police protection; (7) Fire protection; (8) Emergency medical service; (9) Garbage disposal and cleanup; (10) Traffic control; (11) Equipment, including but not limited to bleachers, sound equipment, tents, tables and chairs; and (12) Other direct City costs associated with an Event. Sidewalk: That portion of a Park Street intended for the use of pedestrians that is located between the curb lines or lateral lines of a roadway and the adjacent property lines. ARTICLE I. PARK BOARD Sec Created. There is hereby created a Park Board. Sec Members. Members of the Board shall be appointed by a majority of the City Council, and the Board shall consist of nine (9) members. An individual must be a resident of Cedar Hill in order to be eligible for appointment to the Board. Sec Term of members. The term of office of members of the Board shall be two (2) years from the date of their appointment. Members may be re-appointed for additional terms. Each member shall serve on the Board until removed by the City Council or until expiration of the member s term, whichever occurs first. Sec Officers and duties. (a) Officers enumerated. The Board shall elect annually the following officers:

55 (b) (a)a) Chairman; and (a)b) Vice-chairman. Duties described. (b)a) Chairman: The Chairman shall preside at all meetings, shall appoint standing committee members and shall perform all other duties as usually pertain to his/her office, or as may be instructed by the Board or City Council. (b)b) Vice-chairman: It shall be the duty of the Vice-chairman to perform the duties of the Chairman in his/her absence. Sec Compensation. Members of the Board shall serve without compensation. Sec Powers and Duties. The Board shall act in an advisory capacity to the City Council in matters pertaining to Parks and recreation, and shall: (1) Become familiar with the location and current condition of the Parks system; (2) Utilize a master plan for the purpose of recommending sites to be purchased and used as City Parks; improvements to existing Park property, structures, facilities, athletic areas or other improvements on Parks; and removal of Parks from the City s Park system for purposes that protect the interest of the public; (3) Recommend rules and regulations governing the use of facilities including those related to youth sports associations, as necessary; (4) Conduct appeal hearings and make final decisions in disputes that are appealed to the Board from decisions of the Board of the All Sports Association, in accordance with applicable Facility Use Agreements, bylaws, rules and regulations and other pertinent City regulations; (5) Decide whether to approve All Sports Association bylaws, rules and regulations; (6) Perform other duties as the City Council may prescribe; and (7) Establish goals and standards for the Board s governance and for the performance of its duties, as necessary. Sec Removal from Board; vacancies. Members of the Board shall be subject to removal from office by the City Council for any lawful cause deemed sufficient for their removal in the interest of the public. Any vacancy in the membership of the Board may be filled by the City Council. Sec Meetings. (1) The Board will meet the third Wednesday of each month as necessary and at such other times as needed, or by written request sent to the Chairman or Vice-chairman by three members of the Board. (2) Notice of meetings shall be posted to the extent required by law, and shall be held at the Government Center unless otherwise specified. (3) A majority of the members shall constitute a quorum. The absence of any member from any meeting shall be noted in the minutes of the meeting. The Director shall submit to the City Council upon request information related to the Board.

56 (4) The Director shall attend Board meetings, post notice of meetings and record minutes in accordance with state law. Sec Subcommittees. (1) The Board, by majority vote at any regular or special meeting, may appoint members to subcommittees to serve the purposes of the Board. (2) Subcommittees shall be terminated in the same manner as they are appointed. ARTICLE II. PARK REGULATIONS AND PROCEDURES Sec Park hours and Park closings. (1) Parks shall be closed between the hours of 11:30 pm and 5:30 am except as otherwise authorized by the Director. (2) The Director may temporarily close or limit the use of any section or part of any Park at any time if the Director finds it reasonably necessary to take such action for the purpose of hosting Events and activities; for the protection of public health and safety; or for Park maintenance. It shall be unlawful for any Person to use or be present in any closed area unless authorized by the Director. Sec Fires. (1) Unless authorized in writing by the Director and the Fire Department, no Person shall start or maintain, in any Park, any outdoor fire except for cooking fires, which shall be started and maintained only in a fire pit, outdoor fireplace, City installed barbecue pit or grill, or individually owned gas grills or portable camp stoves. (2) No Person starting or maintaining any fire in a Park shall leave the fire unattended. (3) Any Person who has started a fire within a Park shall not leave the premises without first completely extinguishing the fire. Sec Motor Vehicle operation within a Park. (1) The maximum lawful prima facie speed limit in all Parks shall be fifteen (15) miles per hour. (2) It shall be unlawful and an offense for any Person to: a. Drive or operate any Motor Vehicle within a Park except on Park Streets, roadways designated for traffic, or designated Parking Areas; b. Drive, use, operate, park or stop any Motor Vehicle at any place in a Park in such a manner or condition as to endanger or interfere with the lawful traffic or use of a Park Street or Parking Area; or c. Stop, stand or park any Motor Vehicle in a Park, except in designated Parking Areas; or to fail to park the entire Motor Vehicle within the limit lines of a designated parking stall, where such lines have been provided. (3) If a Motor Vehicle is parked or left in violation of this section, and the owner or operator of the Motor Vehicle cannot immediately be found to move such vehicle, the Police Department of the City may remove or impound the vehicle in accordance with applicable laws. (4) If a Motor Vehicle is found unattended or unoccupied in a Park in violation of any provision of this article, the fact that such vehicle is unattended or unoccupied by any

57 Person shall be prima facie evidence that the owner unlawfully stopped, placed or parked such vehicle. The records of the State Highway Department or the County Highway License Department showing the name of the Person to whom state highway license plates were issued shall constitute prima facie evidence of ownership by the Person therein named. Sec Sports leagues, associations, and organizations. All Sports Association member organizations may enter into Facility Use Agreements for use of Park facilities for team tryouts, practices, games or post season tournaments. It is prohibited for any sports league, sports association, or sports organization of any kind, including any member of the All Sports Association, to use any Park facility for team tryouts, practices, games or post season tournaments, unless the organization has executed a Facility Use Agreement with the City and is in full compliance with such Agreement. Sec Permit required; exemptions. A Person wishing to hold an Event in a Park must first obtain a Permit from the Director. A Person must also obtain a Permit from the Director in order to engage in any of the following activities in a Park: (1) An exhibit, music event, play, or motion picture; (2) Any assembly or parade; (3) Use of amplified sound equipment; (4) Sale of food, drinks or goods; (5) Park use between 11:30 p.m. and 5:30 a.m; and (6) Cutting or removal of any trees. The holder of a Permit issued pursuant to this section must keep a copy of the Permit in the area where the Event or activity is conducted, and must produce the Permit upon demand of any authorized representative of the City. At the discretion of the Director, Persons who have entered into a Facility Use Agreement with the City may be exempted from the requirements of this section with respect to any Events or activities conducted pursuant to and in compliance with the terms of such Agreement. The requirements of this section are in addition to the requirements of any other applicable law or ordinance. Sec Additional prohibited acts. It shall be unlawful and an offense for any Person to do any of the following in a Park: a. Swim, wade, or use or operate a boat, in any lake, stream or pond located in any Park; except that model boats or radio-controlled sport boats which are incapable of carrying occupants may be used in water bodies located in Parks; b. Place or permit to be placed trash, garbage, debris or other waste materials not accumulated during the course of normal Park activities; c. Consume, sell or possess alcoholic beverages;

58 d. Possess any animal, or allow any animal to enter or remain, in any area of a Park where posted signs state that such an animal is prohibited; e. Cut, break, deface or in any way injure trees, shrubs, plants, grass, turf, fountains, seats, structures, improvements, ornaments, monuments or any other property of any kind; f. Construct or erect any building or structure of any kind, whether permanent or temporary, without the express, prior written consent of the Director; except that small, pop-up shade structures may be used in Parks without prior permission; g. Enter onto or remain in any Park with an unrestrained dog except in areas or on paths or trails expressly designated as dog off leash areas by posted Park signs, rules or regulations. Without limitation, use of a leash or restraining device greater than 6-0 long shall be considered a lack of restraint; h. Abandon or leave a domestic animal or pet unattended; i. Capture, attempt to capture, hunt, molest, injure, trap, or administer or set out any trap or harmful substance for, any wild or domesticated animal, or remove or possess the young, eggs or nest of any animal, without a permit from the Director; except that any Person is permitted to fish for and remove from the lakes, ponds and streams, any fish as allowed by state law (including all licensing requirements); j. Camp overnight except in a designated area with a Permit; k. Ride a horse or other animal except in areas or on paths or trails expressly designated as equestrian areas by posted Park signs, rules or regulations; l. Sell merchandise, food or beverages without a Permit from the Director; m. Cause unreasonably loud or raucous noise; n. Possess a glass container; o. Hit golf balls; p. Engage in any activity other than tennis on tennis courts, or enter a tennis court without wearing tennis shoes; or q. Explore, extract or conduct any other activity relating to exploitation of oil, gas or other minerals. Sec Penalty for violation. Any Person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction in municipal court shall be subject to a fine of not more than two hundred dollars ($200.00) for each offense. Each and every day a violation occurs or continues shall constitute a separate offense. A Person who holds a Permit, but who fails to comply with any requirement or condition of that Permit, engages in activities that exceed the scope of the Permit, or damages City property or facilities while acting pursuant to the Permit, is guilty of a misdemeanor, and, in addition to being subject to the above penalty, shall make restitution to the City for all damages incurred by the City as a result of the Person s violation. Sec Reward for information on vandalism in Parks. (1) The City does hereby offer a reward in the amount of not less than two hundred fifty dollars ($250.00) to any Person providing information which leads directly to the

59 arrest and conviction of any Person found guilty of the crime of vandalism when such vandalism has occurred in a Park. Such reward shall be considered a standing offer to any Person providing such information and shall be paid from the general fund of the City. (2) Only one (1) reward shall be paid in connection with each conviction or group of related convictions, as determined by the Director in the exercise of his/her discretion, and such reward may be split among multiple informants. Sec Enforcement of article. The Department, as well as the City s Code Enforcement Department, Fire Department, and Police Department shall be responsible for the enforcement of all codes and ordinances regulating the conduct and use of Parks. ARTICLE III. PARKS AND RECREATION FACILITY USE, FEES AND CHARGES Sec Facility use; fees. (1) The Director is authorized to set and charge fees for use of Park facilities and for Department programs. The Director may submit a proposed schedule of fees to the Park Board and City Council for input and approval as part of the City s annual budget process, and the City Council may require the Director to adjust facility use fees at any time. Such fees may be charged to help offset some or all of the maintenance and operational costs associated with the facilities and resources used. The Director may evaluate fees from time to time and revise them as necessary to reflect changes in costs and/or competition. Nonresidents may be required to pay a higher fee due to the fact that they are not assessed City ad valorem taxes. (2) The Director is authorized to add Department programs, increase participation numbers for existing programs, and omit programs as necessary in the Director s discretion to meet the needs of the community and maintain appropriate cost recovery. (3) The City may, at its discretion, sponsor, subsidize, or reduce or eliminate fees for special Events or activities that further the City s mission, including without limitation Events or activities that are highly attended by Cedar Hill residents or that promote tourism. Such financial support of special Events may be addressed during the permitting process and/or the City s budget process. (4) Non-sponsored Events or activities will be required to pay fees that cover all measurable Reimbursable Costs associated with them. The Department, utilizing normal and customary methods, will determine the amount of Reimbursable Costs associated with an Event or activity. The Director is authorized to charge additional fees for commercial and for profit Events. The amount of such additional fees may be determined as a percentage of gross revenues, as a rental amount, or by any other method deemed appropriate by the Director. Sec Priority use. (1) Subject to Permits granted by the Director, Facility Use Agreements entered by the City, and the provisions of this chapter, Park facilities shall be available to anyone on a first-come, first-served basis.

60 (2) Residents of Cedar Hill may be given priority in the use of Parks, including through preferential treatment in fees and the permitting process. ARTICLE IV. PERMITTING PROCESS Sec Application. A Person desiring to hold an Event or engage in activity for which a Permit is required by this chapter shall apply for an Event Permit by filing with the Department a written application. The Director may require that applications be submitted using a form developed by the City. Otherwise, an application must generally contain the following information, subject to appropriate adjustment by the Director depending on the nature of the proposed Event or activity: a. Name, home address and telephone number; office address and telephone number; date of birth; and driver's license number of the Applicant, the promoter, and of any other Persons responsible for the conduct of the Event or activity. b. Detailed plans related to the Event or activity should address each of the following items: 1. Facilities - A set of plans and specifications relating to all temporary facilities to be constructed or utilized for the Event or activity; 2. Fire protection - A plan for prevention of fires and for adequate protection of Persons and property in the event of a fire, including, without limitation, adequate exits, fire extinguishers, adequate access for fire trucks and emergency vehicles; 3. Concessions - A plan to provide food and beverages, a health permit, and proof of insurance from the concession operator listing the City as an additional insured; 4. Emergency medical service - A plan to provide adequate emergency medical services at the Event or activity; 5. Parking A plan to provide adequate parking for the Event or activity, including proof of consent by any private landowners whose property will be used for parking; 6. Police protection - A plan providing for adequate safety, security, traffic and crowd control in connection with the Event or activity. All public safety services shall be provided by Cedar Hill Police and Fire personnel. Crowd management requires a minimum of two officers per 500 participants; 7. Promotional - If applicable, a plan to promote, market and advertise the Event or activity; 8. Sanitation plan - A plan to insure that the highest standards of cleanliness and sanitation are maintained at the Event or activity, including adequate restroom facilities, and a plan to clean and stock public restrooms, police and maintain litter-free grounds, empty refuse containers frequently so as to prevent overflow, contain all onsite waste, and provide proper containers for recycling if available; 9. Estimated number of Persons participating;

61 10. Estimated number of spectators; 11. Proof of insurance with the City listed as an additional insured; 12. Proof of vaccinations if Event includes use of animals; and 13. Any other information reasonably requested by the Director. An application must be filed sufficiently in advance to allow for reasonable staff planning and approval. Generally, an application must be filed at least 30 days in advance of the Event or activity for which a Permit is sought in order to be considered timely. Failure to timely file an application is sufficient grounds for denial of the application. Sec Approval, denial and revocation of Event Permit. City staff shall determine whether the application and plans meet City safety and other goals. Criteria used by the City for assessing applications may include, without limitation, the following: a. Any scheduling conflicts with City sponsored programs, events, or other Park uses; b. The extent to which the Event or other activity would restrict the public use of City owned or leased facilities; c. The extent to which the Event or other activity would provide a positive public service and meet a legitimate public need; d. Any public safety issues created by the Event or activity; and e. Any involvement or endorsement of commercial enterprise(s). The Director may require the Applicant to modify an application in order to assist the Director in reaching a decision on the application. If the Director determines that issuance of a requested Permit is appropriate and in the best interests of the public, the Director may issue the Permit. If the Applicant fails to provide viable plans and sufficient assurances to satisfy the Director that the Event or activity will be carried out in a manner that is in the best interests of the public, the application may be denied. The decision to grant or deny a permit is at the discretion of the Director, subject to the appeal provisions herein. The Director may require the Applicant to satisfy certain conditions before issuing a Permit, or the Director may issue a Permit subject to stated conditions. Appropriate conditions include, but are not limited to: a. Compliance with other applicable laws and ordinances; b. Advance payment of Reimbursable Costs and/or any applicable fees; c. For commercial or for-profit activities, payment of a percentage of gross revenues and/or rents as deemed appropriate by the Director; d. Execution of an indemnification agreement in favor of the City; e. Restrictions on fires, fireworks, Amplified Sound, dancing, sports, use of animals, equipment or Motor Vehicles, the number of Persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of a Park;

62 f. A requirement that the Applicant post a reasonable deposit or security for the repair of any damage to Park property or the cost of cleanup, or both in addition to any cost for City services paid in advance of the Event; g. A requirement that the Applicant furnish additional sanitary and refuse facilities that may be necessary, based on the use or activity for which the Permit is being sought; and h. Any other safeguard required for protection of the public interest. If, after issuing a Permit, the Director becomes aware of new or additional information that demonstrates the Event or activity is not in the best interests of the public, the Director may revoke the Permit. Without limitation, the Director has authority to revoke a Permit upon a finding of violation of any rule, ordinance, or law, or upon the violation of any condition or restriction under which the Permit was issued. If the Director finds that an Applicant falsified any information related to a Permit application, the Director may revoke the Permit and deem any fees (including deposits and bonds) paid by the Applicant forfeited. Permits are not transferable without written consent of the Director. An Applicant shall be bound by all Park rules and regulations and all applicable ordinances as fully as though the same were stated in the Permit. Issuance of a Permit pursuant to this Article does not waive the requirements of any other ordinance or law. The City, by issuing a Permit pursuant to this article, assumes no liability or responsibility whatsoever. Sec Appeal of denial or revocation of Event Permit If the Director denies a Permit application or revokes a Permit, the Director shall notify the Applicant in writing of the Director s decision and of the right to appeal. Any appeal must be taken within three (3) days by written notice of appeal to the Deputy City Manager. The Deputy City Manager will present the appeal to the City Council at its next regular meeting, or, if appropriate, at a special meeting. The City Council shall consider all the available evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the City Council shall be final. Sec Interference with Permitted use of Park Areas. It is unlawful for any Person to interfere with the exclusive use of and access to Park facilities of any other Person who holds a Permit or Facility Use Agreement that entitles such Person to exclusive use of those Park facilities. Sec Simple facility reservations. The Director may, at his/her discretion, waive any requirement of this article except for the provisions relating to appeal. In particular, for any Event or other activity for which a Permit is required, but which, in the Director s judgment, imposes minimal burdens on the City and the public, the Director may grant a Permit utilizing any reasonable reservation process, without requiring compliance with the other provisions of this article.

63 ARTICLE V. NAMING OF PARKS Sec Naming of Parks. The Board will be responsible for recommending names for Parks. (1) The Board shall be responsible, with the assistance of the Department, for research, study and recommendation of a proposed name to the City Council. (2) The recommended name will be communicated to the City Council for its consideration and approval. (3) A Park name may be changed for cause at any time. ARTICLE VI. NO PRIVATE RIGHT OF ACTION. Sec No private right of action. Nothing in this chapter creates a private right of action. SECTION 3. SEVERANCE CLAUSE If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such shall be deemed to be a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions thereof. SECTION 4. INCORPORATION INTO THE CODE OF ORDINANCES The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Cedar Hill, Texas, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately upon the passage, approval and adoption by the City Council of the City of Cedar Hill, Texas. SECTION 6. PUBLICATION The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication as provided by law.

64 PASSED, APPROVED and ADOPTED by the City Council of the City of Cedar Hill, Texas, on this day of, ATTEST: Rob Franke, Mayor Lyn Hill, City Secretary APPROVED AS TO FORM: Ron G. MacFarlane, Jr., City Attorney

65 Consent #5 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: October 9, 2012 Agenda Item Wording: Consider ordering a Special Election to be held on Saturday, January 19, 2013, to elect a City Council Member for Place 1, filling the vacated position of Council Member Cory Spillman. Summary: The Election Code requires a voluntary resignation be in writing, signed by the officer, and submitted to the body or to its city secretary (EC (b)). The letter must be received before an election may be called. Texas Constitution (M 12.16) and Cedar Hill s City Charter require the vacancy be filled by special election called and held within 120 days after the vacancy occurs. Council Member Spillman was re-elected to office at the last general election held on May 12, 2012 by order of uncontested race. The position term will be through May of All notices for application deadlines, early voting and regular voting dates will be posted at the appropriate time, along with notice of polling locations. Funding Source: N/A Recommended Action: Issue Order of General Election for Saturday, January 19, 2013 Department: Administration Contact / Phone No: Lyn Hill City Secretary ext Attachments: No If yes, how many pages: N/A

66 Consent #6 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: October 9, 2012 Agenda Item Wording: Consider authorizing the Mayor to sign a Tower Lease Agreement with Air Canopy Inc. (SkyBeam) for access to space on the Parkerville water storage tank for cellular antenna equipment. Summary: In 2009, the City Council approved a tower lease agreement with Air Canopy, i.e. Skybeam, for space on the Parkerville water tower for cellular antenna equipment located at 521 Clark Rd. The contract term has since expired, and they are requesting a 3-year lease term, and some additional space. The original contract required a 10% increase in lease rental, and staff is recommending a 15% increase in lease rental due to the additional requested space that is required to upgrade their equipment. The proposed lease agreement is increased to $1,380 per month (formerly $1,200 per month) or $16,582 per year. The attached design specifications have been reviewed and approved by the Public Works department. The attached contract has been approved as to form by legal counsel. Funding Source: N/A Recommended Action: Approve Agreement Department: Administration Contact / Phone No: Melissa A. Stephens ext Attachments: Yes If yes, how many pages: 13

67 LEASE This Lease is entered into on the 9th day of October, 2012 by and between THE CITY OF CEDAR HILL (''Landlord'') and AIRCANOPY INTERNET SERVICES, LLC (''Tenant''). ARTICLE 1. LEASED PREMISES In consideration of the mutual covenants and agreements of this lease, and other good and valuable consideration, Landlord leases to Tenant, and Tenant leases from Landlord, specific premises situated on the Parkerville water storage tower located at 521 Clark Rd. owned and operated by Landlord. The specific premises situated on each Tower, including handrails, are referred to as ''the premises'' or ''the leased premises'' in this lease. Tenant is to have and to hold the premises, together with all rights and privileges belonging to or in any way relating to them, including but not limited to any rights and privileges of Landlord, existing now or at any time during the lease term, in, to, or under adjacent streets, sidewalks, alleys, and other property contiguous to the premises. ARTICLE 2. LEASE TERM Fixed Beginning and Termination Date The term of this lease is three (3) years, beginning on the 10 th day of October, 2012 and ending on the 9th day of October, 2015, unless terminated sooner as provided in this lease. Right to Extend Tenant may extend this lease for three (3) additional years by giving Landlord written notice of Tenant's intention to do so within the last sixty (60) days before the lease term expires. In addition, Tenant may extend this lease for two (2) additional terms, of three (3) additional years each, by giving Landlord written notice of Tenant s intention to do so within the last sixty (60) days before the first renewal term, and the second renewal term, expires. Termination This lease will terminate without further notice when the term specified in 2.01 expires, and any holding over by Tenant after that term expires, other than as provided in 2.02, will not constitute a renewal of the lease or give Tenant any rights under the lease in or to the premises. Holdover If Tenant holds over and continues in possession of the premises after the lease term, or any extension, expires, other than as provided in 2.02, Tenant will be considered to be occupying the premises at will, subject to all the terms of this lease and a ten percent (10%) increase to the rental rate. Interference Tenant agrees to install communications equipment of the type and frequency which 1

68 will not cause measurable interference, electronically or in any other manner, to communications equipment of the Landlord or other tenants of the premises. In the event Tenant s equipment causes such interference, and after Landlord has notified Tenant of such interference, Tenant will take all steps necessary to correct and eliminate the interference. Prior to installation, Tenant shall provide Landlord with a list of the frequency ranges used by its antennas and Tenant is prohibited from using any unlisted frequencies without Landlord s prior consent. Landlord agrees that Landlord and any other tenants of the premises who currently have or in the future take possession of the premises will be permitted to install only such communications equipment that is of the type and frequency which will not cause measurable interference to the existing equipment of the Tenant. The Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the terms of this paragraph and therefore, either Party shall have the right to equitable remedies, including injunctive relief, to enforce the terms of this paragraph in a court of competent jurisdiction. Removal of Equipment at Termination and Rehabilitation of the Tower Upon notification from the City of substantial work being done on the Water Tower or the expiration or termination of this lease, Tenant shall promptly remove, at Tenant s sole cost and expense, all antennas, equipment, fixtures, and any other property installed by Tenant in the premises, save and except for antenna mounting brackets welded or otherwise permanently affixed to any of the Towers, and Tenant shall repair any damage to the Towers resulting from Tenant s use of the premises and/or removal of equipment. Upon approval to reposition equipment on the tower by the Landlord, Tenant may reinstall. ARTICLE 3. RENT Minimum Yearly Rent Tenant will pay Landlord $16, per year during the first three (3) years of this lease as annual rent for using and occupying two mount points on the aforesaid mentioned tower. This amount shall be paid in twelve (12) monthly installments of $1, per month or one (1) annual installment of $16,560. This amount is the ''minimum yearly rent.'' Automatic Rental Adjustments After the first three (3) years of the lease term, and at 3-year intervals for the rest of the lease term, the minimum yearly rent will be increased by 10% each lease renewal term (3 years). Time and Manner of Payment Should tenant decide to make monthly installments, tenant will pay all rent due under this lease in equal monthly installments in advance, on the first calendar day of each month. Should tenant decide to make one annual lease payment, tenant will pay all rent due under this lease by April 1 st of each year. Payments must be in lawful money of the United States. Interest on Delinquent Payments Rent installments unpaid for ten (10) days will bear interest at the rate of twelve percent (12%) annually, beginning on the day after each such installment was due and continuing until the installment is paid. 2

69 ARTICLE 4. TAXES AND OTHER GOVERNMENTAL CHARGES Payment by Tenant In addition to the rent specified in Article 3, Tenant will pay and discharge all taxes, general and special assessments and other governmental charges of any kind levied on or assessed against Tenant s structures or equipment placed on the premises. Tenant will pay all such taxes, charges, and assessments directly to the public officer charged with their collection not fewer than ten (10) days before they become delinquent, and Tenant will indemnify Landlord and hold it harmless from all such taxes, charges, and assessments. Tenant may, in good faith and at its own expense, contest any such taxes, charges, and assessments and must pay the contested amount, plus any penalties and interest imposed, if and when finally determined to be due. Payment by Landlord At any time that the payment of any item of taxes, general and special assessments, or governmental charges that Tenant must pay under 4.01 remains unpaid and uncontested later than ten (10) days before it becomes delinquent, Landlord may give written notice to Tenant of its default under 4.01, specifying the default. If Tenant continues to fail to pay the taxes, general and special assessments, or governmental charges, or to contest them in good faith, Landlord may pay the items specified in the notice, and Tenant will, on demand, reimburse Landlord any amount paid or expended by Landlord for this purpose, with interest on the amount at the rate of twelve percent (12%) annually from the date of Landlord's payment until reimbursement by Tenant. ARTICLE 5. UTILITIES Landlord will pay or cause to be paid charges for electricity used on the premises up to a maximum of Fifty Dollars ($50.00) per month. Tenant agrees to reimburse Landlord for all costs of electricity which exceed the $50.00 per month maximum. Landlord will bill Tenant for all electricity costs in excess of the $50.00 per month maximum. ARTICLE 6. USE OF PREMISES Permitted and Prohibited Use of Premises a. Tenant may use the premises to install, maintain, and operate a wireless internet communications antenna facility suitable for the provision of residential and commercial retail internet service, including antennas, related equipment and fixtures necessary for the operation of such facility (sometimes referred to herein collectively as equipment or communications equipment ), and for no other purpose without the written consent of Landlord. b. Tenant must notify the Landlord with twenty-four (24) hours advance notification of needing access into the property leased by Tenant. Advance notification should be made to our Public Works Department (972) ext

70 b. Under no circumstances during the term of this lease will Tenant use or cause to be used in the business operated on the premises any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the premises. Illegal Use Not Permitted Tenant may not use all or any part of the premises or any building situated on them for any use or purpose that violates any valid and applicable law, regulation, or ordinance of the United States, the State of Texas, or other lawful authority with jurisdiction over the premises. Tenant is not considered to have violated this provision unless: a. Landlord has notified Tenant in a writing specifying the alleged violation; b. There has been a final adjudication by a court of competent jurisdiction that the specified use violates the law, regulation, or ordinance specified in the notice; and c. The specified law, regulation, or ordinance is valid and applies to the premises; d. Tenant has had a reasonable time after the final adjudication to cure the specified violation. ARTICLE 7. CONSTRUCTION BY TENANT General Conditions Tenant may, at any time and from time to time during the lease term, install, maintain, alter, remodel, reconstruct, rebuild, replace, and remove a platform, and related equipment, electrical conduit, and control box on the premises subject to the following: a. Tenant agrees to construct no more than three (3) mount points onto the top of the tower, unless otherwise agreed by Landlord and lease rates reflecting such difference. liens; b. Tenant bears the cost of any such work; c. The premises must at all times be kept free of mechanic s and materialmen s c. Tenant s work and communications equipment shall comply with all federal, state, and local building, zoning, electric, telecommunications, and safety codes, ordinances, regulations, and laws, including those of the Federal Communications Commission. Tenant, at its sole cost and expense, shall obtain any permits, licenses, variances, or other approvals required with respect to the installation or operation of the equipment, or to any approved alterations to be performed by Tenant, and shall deliver true and complete copies thereof to Landlord prior to commencing any such work; d. Tenant shall perform all such work in the premises in strict compliance with a site plan, plans, and specifications submitted to and approved in advance by Landlord in writing, said documents to be incorporated into the Schedules attached hereto and made a part hereof by reference; e. The plans and specifications to be submitted prior to construction shall include a complete and detailed inventory of the equipment to be placed or installed in the premises by Tenant, together with a list of the range of frequencies to be used by said equipment; and 4

71 f. Before commencing any such work, Tenant shall deliver to Landlord a list of the names and credentials of all contractors who will perform any such work, together with copies of all liability, casualty, and worker s compensation insurance certificates applicable to the work. Beginning Construction Tenant expects to begin construction and work at the premises within five (5) days after possession is delivered to Tenant or after all necessary permits and other authorizations are issued, whichever is later. Ownership of Equipment and Fixtures All antennas, equipment, and fixtures installed, placed, or maintained on the leased premises by Tenant during the lease term shall remain the personal property of Tenant. Right to Remove Equipment Tenant may, at any time while it occupies the premises, or within a reasonable time thereafter, remove any equipment owned or placed by Tenant in, under, or on the premises, whether before or during the lease term. Tenant must repair any damage to the premises resulting from Tenant s use of the premises and/or the removal of equipment. ARTICLE 8. REPAIRS, MAINTENANCE, AND RESTORATION Tenant's Duty to Maintain and Repair At all times during the lease term, Tenant will keep and maintain its communications equipment on the premises in a good state of appearance and repair at Tenant's own expense. Tower Maintenance by Landlord Upon Landlord providing Tenant with at least sixty (60) days prior written notice, Tenant shall remove any antennas, fixtures, and/or equipment from the premises as required by Landlord to make necessary repairs or perform routine or scheduled maintenance on a Tower including, without limitation, painting the inside and/or outside of the Tower s water storage tank. Upon Landlord completing such repairs or maintenance, Tenant shall be permitted to reinstall its equipment on the Tower. Tenant shall remove and reinstall its equipment under this paragraph at Tenant s sole expense. At Tenant s request, Landlord shall provide a location on the real property adjacent to the premises suitable for Tenant erect a temporary communications tower during the performance of such repairs or maintenance. ARTICLE 9. MECHANIC S LIENS Tenant will not cause or permit any mechanic s liens or other liens to be filed against the premises or against Tenant's leasehold interest in the premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding the 5

72 premises or any part of them through or under Tenant. If such a mechanic's lien or materialman's lien is recorded against the premises or any buildings or improvements on them, Tenant must either cause it to be removed or, if Tenant in good faith wishes to contest the lien, take timely action to do so, at Tenant's sole expense. If Tenant contests the lien, Tenant will indemnify Landlord and hold it harmless from all liability for damages occasioned by the lien or the lien contest and will, in the event of a judgment of foreclosure on the lien, cause the lien to be discharged and removed before the judgment is executed. ARTICLE 10. DESTRUCTION OR TAKING OF THE PREMISES Parties' Interests If the premises or any part of them are destroyed or taken for public or quasi-public purposes by condemnation as a result of any action or proceeding in eminent domain, or are transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, this article governs Landlord's and Tenant's interests and the effect of the destruction, taking, or transfer on this lease. Total Destruction or Taking If the entire premises are destroyed, taken or transferred as described in 10.01, this lease and all of the rights, titles, and interests under it will cease on the date that the premises were destroyed or on the date that title to the premises or part of them vests in the condemning authority, and the proceeds of the condemnation will be the property of Landlord. Partial Destruction or Taking If only part of the premises is destroyed, taken or transferred as described in 10.01, this lease will terminate if, in Tenant's opinion, the remainder of the premises is in such a location, or is in such form, shape, or reduced size, that Tenant's business cannot be effectively and practicably operated on the remaining premises. In that event, this lease and all rights, title, and interest under it will cease on the date that the premises were partially destroyed or on the date that title to the portion of the premises taken or transferred vests in the condemning authority. The proceeds of the condemnation will be the property of Landlord. ARTICLE 11. INSURANCE AND INDEMNIFICATION Liability Insurance At all times during the lease term, Tenant will provide and keep in force liability insurance covering Landlord and Tenant for liability for property damage and personal injury. This insurance is to be carried by one or more insurance companies duly authorized or admitted to transact business in Texas, and will be paid for by Tenant. The insurance provided under this section must be in the amount of not less than $100, for property damage and not less than $300, for personal injury. This insurance will protect Landlord and Tenant against liability to any person whose property damage or personal injury arises out of or in connection with the construction, occupation, use, or condition of the premises Tenant must furnish Landlord with certificates of all insurance required by this article. If Tenant does not keep this insurance in full force, Landlord may notify Tenant of this 6

73 failure, and if Tenant does not deliver to Landlord certificates showing all such insurance to be in full force within ten (10) days after this notice, Landlord may, at its option, take out or pay the premiums on the insurance needed to fulfill Tenant's obligations under this article. On Landlord's demand, Tenant must reimburse Landlord the full amount of any insurance premiums paid by Landlord under this section, with interest at the rate of twelve percent (12%) annually from the date of Landlord's demand until reimbursement by Tenant. Indemnification of Landlord Tenant hereby agrees to indemnify and hold Landlord harmless from and against any and all claims (including by not limited to claims for death, bodily injury or property damage), actions, losses, and expenses (including Landlord s reasonable attorney fees and costs of defense) which may arise from any use of the premises by Tenant, or any part of them, or caused by any defect in any antenna, equipment, or fixture on the premises, or caused by or arising from any act or omission of Tenant, or of any of its agents, employees, licensees, or invitees, or by or from any accident, fire, or other casualty on the premises, or is brought about by Tenant's failure to maintain the premises in safe condition. Tenant hereby waives and releases Landlord from any claims Tenant may have at any time (including but not limited to claims relating to interruptions in services) arising out of or relating in any way to the installation, operation, maintenance, alteration, reconstruction, replacement, or removal of any of Tenant s equipment. ARTICLE 12. ASSIGNMENT This lease shall not be assigned, transferred, mortgaged, or otherwise encumbered by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld. However, each such assignment is subject to Tenant's obligations to Landlord under this lease and will not release Tenant from its obligations under this lease. In the event Tenant is merged or consolidated with, or all or substantially all of Tenant s assets are sold to an affiliate or other successor, consent of the Landlord is not necessary, provided the affiliate or successor is capable of satisfying the obligations of this lease and written notice is provided to Landlord within 30 days of completing the merger or sale. ARTICLE 13. DEFAULT AND REMEDIES Termination on Default If Tenant defaults in performing any covenant or term of this lease and does not correct the default within thirty (30) days after receipt of written notice from Landlord to Tenant, Landlord may declare this lease, and all rights and interest created by it, terminated. After termination, Landlord or its agent or attorney may retake possession of the premises and relet them for the remainder of the term at the best rent obtainable for the account of Tenant, who must make good any deficiency. Tenant and Landlord agree that, for the purpose of posting the notice required by Property Code Section (f), the ''front door'' of the leased premises is Tenant s control box mounted on the access shaft of Landlord s Towers. Other Remedies 7

74 Any termination of this lease as provided in this article will not relieve Tenant from paying any sum or sums due and payable to Landlord under the lease at the time of termination, or any claim for damages then or previously accruing against Tenant under this lease. Any such termination will not prevent Landlord from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Tenant for any default under the lease. All Landlord's rights, options, and remedies under this lease will be construed to be cumulative, and no one of them is exclusive of the other. Landlord may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this lease. No waiver by Landlord of a breach of any of the covenants or conditions of this lease may be construed a waiver of any succeeding or preceding breach of the same or any other covenant or condition of this lease. Additional Termination Rights In addition to the termination rights set forth in other provisions of this lease, this lease may be terminated by Landlord without further liability upon one hundred twenty (120) days prior written notice to Tenant, if Tenant s use of the leased premises (i) interferes with Landlord s use of the Tower as part of a public water system or (ii) interferes with Landlord s ability to comply with regulations or orders of the Environmental Protection Agency or Texas Commission on Environmental Quality applicable to public water systems, retail public utilities, and general law or special utility districts. Landlord must cite specific violations or infractions in writing or tender copies of such orders to Tenant. Tenant reserves the right to amend or adjust communications equipment in order to comply with any requirements by law. ARTICLE 14. LANDLORD'S WARRANTIES AND COVENANTS Warranty of Title Landlord warrants that it is the owner in fee of the Parkerville Water Tower located at 521 Clark Road, Cedar Hill, TX Warranty of Quiet Enjoyment Landlord covenants that as long as Tenant pays the rent and other charges under this lease and observes the covenants and terms of this lease, Tenant will lawfully and quietly hold, occupy, and enjoy the premises during the lease term without being disturbed by Landlord or any person claiming under Landlord, except for any portion of the premises that is taken under the power of eminent domain. ARTICLE 15. GENERAL PROTECTIVE PROVISIONS Tenant s Access Landlord agrees to permit Tenant or its agents, representatives, or employees to enter the premises on any regular City business day (8 hours per day, 5 days per week) for the purpose of conducting Tenant s business, and for the purposes of inspection and maintaining, repairing, or altering the premises. Tenant agrees to give Landlord reasonable advance notice by telephone prior to requiring access to enter the premises, and in that event, Landlord will provide 8

75 means to gain access. In an after-hours emergency situation, Landlord agrees to permit access to Tenant and Tenant agrees to pay a fee equal to and in payment for overtime wages and expenses paid to employee from City (typically $50 / hour). Landlord s Right of Entry and Inspection During normal business hours, Tenant agrees to permit Landlord or its agents, representatives, or employees to enter the premises for the purposes of inspection and determining whether Tenant is complying with this lease. Landlord agrees to notify Tenant upon entering onto the premises. No Partnership or Joint Venture The relationship between Landlord and Tenant is at all times solely that of landlord and tenant and may not be deemed a partnership or a joint venture. Force Majeure If the performance of any covenant or term in this lease agreement is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond Tenant's control, regardless of whether the circumstance is similar to any of those enumerated or not, Tenant is excused from performance during the delay period. No Termination on Bankruptcy Bankruptcy, insolvency, assignment for the benefit of creditors, or the appointment of a receiver will not affect this lease as long as Tenant and Landlord or their respective successors or legal representatives continue to perform all covenants of this lease. No Waiver No waiver by either party of any default or breach of any covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this lease. Sale or Transfer of the Premises Landlord agrees that if Landlord sells or transfers all or part of the premises, the purchaser or transferee must expressly agree to assume all of Landlord s obligations under this lease. Tenant agrees that if Landlord sells or transfers all or part of the premises, and after the purchaser or transferee has expressly assumed all of Landlord s obligations, Landlord will have no further liability under this lease to Tenant, except with respect to liability matters that have accrued and are unsatisfied as of the date of sale or transfer. As a condition of this release, Landlord agrees that Landlord's covenants and obligations under this lease will bind Landlord and its successors and assigns during and in respect of their respective successive periods of ownership of the premises. Subordination This lease and all rights of Tenant hereunder, are and shall continue to be subject to any ground lease, mortgage, or other lien presently existing or hereafter arising upon the premises or any part thereof. In confirmation of this provision, Tenant shall execute, within 10 9

76 days after request, any certificate that Landlord may reasonably require acknowledging this provision. ''A.'' Premises Accepted ''As Is'' by Tenant Tenant warrants and represents to Landlord that Tenant has investigated the feasibility of the Pakerville Water Tower and premises for the installation and operation of Tenant s communications equipment and accepts the same ''AS IS''. Tenant agrees that Landlord shall have no responsibility for the reliability or continued operation of the equipment or the suitability, sufficiency or compatibility of electrical utility service, fire protection, security, or other systems on the premises. Tenant also warrants and represents to Landlord that Tenant is a qualified provider in compliance with applicable laws and has the financial and technical capacity to perform Tenant s obligations under this lease. ARTICLE 16. MISCELLANEOUS Delivery of Rents and Notices Except for emergency notice covered under 15.01, all rents or other sums, notices, demands, or requests from one party to another may be personally delivered or sent by certified or registered mail, postage prepaid, to the addresses stated in this section and are considered to have been given at the time of personal delivery or mailing. To Landlord: The City of Cedar Hill Finance Department Pakerville Water Tower Lease 285 Uptown Blvd, Building 100 Cedar Hill, TX To Tenant: AirCanopy Internet Services, Inc. Attn: Michael Walker 1200 Gambrel Rd., Suite 100 Arlington, TX mobile AND AirCanopy Internet Services, Inc. Attn: Kam Howard S. 125 W., Suite 201 Draper, Utah

77 Parties Bound This lease is binding on, and inures to the benefit of, the parties to this lease and their respective successors, assigns, heirs, executors, administrators, and legal representatives. Texas Law to Apply This agreement is to be construed under Texas law, and all obligations of the parties created by this lease are performable in Dallas County, Texas. Legal Construction If any one or more of the provisions contained in this agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of the lease, which will be construed as if it had not included the invalid, illegal, or unenforceable provision. Prior Agreements Superseded This agreement constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter. Amendment No amendment, modification, or alteration of this lease is binding unless in writing, dated subsequent to the date of this lease, and duly executed by the parties. Rights and Remedies Cumulative The rights and remedies provided by this lease agreement are cumulative, and either party's using any right or remedy will not preclude or waive its right to use any other remedy. The rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Attorney's Fees and Costs If, as a result of either party's breaching this agreement, the other party employs an attorney to enforce its rights under this lease, then the breaching or defaulting party will pay the other party the reasonable attorney's fees and costs incurred to enforce the lease. Time of Essence Time is of the essence of this agreement. Further Documents Landlord will from time to time and at any reasonable time execute and deliver to Tenant, when Tenant reasonably requests, other instruments and assurances approving, ratifying, and confirming this lease and the leasehold estate created by it and certifying that the lease is in full force and that no default under the lease on Tenant's part exists. But if any default on Tenant's part does exist, Landlord must specify in any such instrument each such default. THIS LEASE has been executed by the parties on the date and year first above written. 11

78 LANDLORD The City of Cedar Hill By: Rob Franke, Mayor TENANT AIRCANOPY INTERNET SERVICES, Inc, a Texas Corporation By: Chad Lafrenz, Operations Manager 12

79 Mount point # 1 Existing FSK 3' Parabolic Dish Mount Point # 3 New OFDM Mount Point # 3 Existing 3' Parabolic Dish Antenna Cluster Mount Point # 1 Existing. Access Hatch Antenna Cluster Mount Point # 3 New 3' Parabolic Dish Mount Point # 1 Existing 3' Parabolic Dish Mount Point # 2 Existing Site Name: City of Cedar Hill Skybeam Site Name: CDH Site Address: Parkerville EST 390 S. Clark RD Equipment List: New Equiipment: OFDM Existing Equipment: FSK 1 - DW-HC to HOL, 1 - DW-HC to OVL Equipment and Ladder inside structure. Cable conduit attached at ladder. Submitted 9 / 17/ 2012 Drawing not to Scale Skybeam Texas Arlington Tx 1200 Gambrel Way Arlington Tx 76104

80 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Regular #1 Agenda Date: October 9, 2012 Agenda Item Wording: Case Consider a variance to Sec of the Tree Preservation Ordinance requiring payment of fees to mitigate the loss of protected trees on Lot 1836, The Summit at Lake Ridge Section, requested by Larry Stegall of Creative Designs Custom, LLC. Summary: Mr. Whale, property owner, wishes to remove all of the trees, including several protected trees (larger than 8 caliper in diameter), on a portion of his lot to construct a house. However, since he wants to remove the trees before a house is constructed, and released for occupancy, payment of tree mitigation fees is required. He is asking for the City Council to waive the payment of the mitigation fees. The Tree Preservation Ordinance authorizes the City Council to waive mitigation requirements. Mr. Whale s one acre lot is heavily wooded and located at the end of Mount McKinley Place in The Summit of Lake Ridge. Approximately half the lot is within the Escarpment Zone and the remainder is above the Escarpment. He intends to construct a home, which will include several solar panels, some being ground mounted, on the portion of his lot located above the Escarpment Zone. In his letter of intent, the applicant states that the protected trees need to be removed because they would interfere with the efficiency of the ground mounted solar panels. Also, according to his letter of intent, the tree removal is necessary to redirect storm water to platted drainage easements. The Tree Preservation Ordinance does not require the payment of mitigation for the loss of protected trees located within the building footprint, plus 10 feet or within dedicated easements or ROW. Additionally, the ordinance does not require the payment of mitigation for any tree on a lot removed by the owner after a house has been constructed and is approved for occupancy. Since the request is to remove the trees before a house is constructed and released for occupancy, mitigation is required. In support of his request, Mr. Whale s builder, Larry Stegall of Creative Designs Custom Homes, has supplied the following: * Letter of intent stating their request and the reasoning for the request; * Letter from a registered engineer stating the tree removal above the top bank will not negatively impact the Escarpment; * Site plan showing the entire lot, the proposed building and easement locations and the location of the protected trees that will be removed (shown in red); * Inventory of the protected trees and their size; * Photos of some of the protected trees proposed to be removed. The plan and tree inventory shows no protected trees will be removed within the Escarpment Zone; however, 25 protected trees (shown on the plan in red), totaling 254 caliper inches, will be removed. The mitigation value of the protected trees is $38,100 (254 caliper $150 per caliper inch). The remaining trees shown above the high bank of the Escarpment are not protected trees and may be removed without mitigation. Should the City Council authorize this waiver, Staff recommends the waiver be contingent upon the applicant obtaining a building permit.

81 Funding Source: N/A Recommended Action: Review and consider this request. Department: Planning Contact / Phone No: Rod W. Tyler Ext Attachments: Yes If yes, how many pages: 12

82 Creative Designs Custom Homes, LLC September 14,2012 Larry Stegall, Owner 1023 Mallard Pointe Drive Cedar Hill, Texas, Attention Mr. Rod Tyler City ofcedar Hill, Texas Planning and Development Department Mr. Tyler, et al, On behalf oflarry Whale, owner oflot 1836 on Mount McKinley Place in Lake Ridge, Cedar Hill, Texas, 75104; I am requesting a variance for relief from the Tree Preservation Ordinance ofthe City ofcedar Hill. The request is to remove 21 trees ofprotected size and type, ofthe 251 trees on the lot. There are two reasons for this request. The first is to provide grading requested by the City Engineer during an initial planning meeting concerning the Escarpment Development Plan. The City Engineer suggested altering the current drainage pattern to direct the flow of water to the platted drainage easements to better protect the lots below the escarpment. In order to effectively alter the slope around the dwelling to accomplish this, the height ofthe soil in those areas will need to be raised. The depth ofthe soil will need to be increased by approximately inches, which will be enough to smother the roots and kill the trees. This would require removal oftrees 41,42,43,44,59,617,618, 619, 643, 644, 645, 646, 647, 648, 650, 656, 657, 658, and 659. I have supplied a tree survey with the trees noted identified with red circles for your reference. The second reason is to provide clear directional sight lines for the solar collectors to be installed, some ofwhich will need to be ground-mounted. To provide seasonal lines to the sun throughout the day, trees 29,30, and 31 will also need to be removed. It should be noted that there is overlap in the trees requested in the variance; as trees 41, 42, 643, 644,656,657,658, and 659 would also interfere with the solar sight lines. Please refer to the supplied tree survey. All ofthe trees requested are above the crest ofthe escarpment, and do not contribute to the stability ofthe soil. I have enclosed a letter to this effect from my consulting engineer. All ofthe trees requested are cedars that have been aggressively trimmed over the years and are not attractive representatives ofthe species, and many have additional naturally occurring damage as well. Several have multiple trunks or are very near smaller, unprotected trees that have caused misshapen growth ofthe canopy area. I have provided some representative pictures for your reference.

83 It is my hope that you will grant this variance and relieve Mr. Whale ofthe fmancial burden of mitigating the requested trees. There is no suitable place on the lot with the drainage alteration requested by the City and the solar installation to re-plant trees, thus the solution as the ordinance is written would be payment on the order of $33, at $ per caliper inch. I believe the ordinance is intended to prevent large tract developers clear-cutting acreage, and not specifically designed to target a new homeowner. I appreciate your consideration ofthis request, and look forward to your response. Please call or ifthere are any questions.

84 Foose Engineering Co. Ph: Lansdale Duncanville, Texas FAJ(: August 23, 2012 Mr. Larry Whale P. O. Box 2737 Cedar Hill, Texas CC: Mr. Larry Stegall COMMENTS: TREE REMOVAL LOT 1836, THE SUMMIT OF LAKE RIDGE CEDAR lllll, TEXAS JOB NO. 12F5E6 TO WHOM IT MAY CONCERN: This plan indicates the trees you would like to remove for construction ofyour home on Mount McKinley Place. Trees in the building footprint and a perimeter strip ten feet wide can be removed under any circumstances for construction. Trees circled in red are 8 inches or larger and to be removed and.are regulated by either the "Tree Preservation Ordinance" or the "Escarpment Ordinance". Small trees in the Escarpment Zone are protected by the Ordinance. Yau must ask the City for a variance to remove large trees outside the Escarpment Zone and any tree within the Escarpment Zone prior to submitting an Escarpment Development Application and a CO. It is my opinion that the removing any or au of the trees above the crest of the hill will not reduce the stability ofthe slope. If you have further questions or comments regarding this matter, please call. Very Truly Yours, ~ ENGJN8~ "* FOOSE ENGINEERING CO. F "~~...,,""'\~~ ~u.=.-- t.of t.~ ',Q ~ A l-:" ::~~, ~~ ~ cb)".~~., ~ *~...* 'I I!*: \*l 1.. Z : l STEPHEN S. FOOSE l ~ ii Encl: "~\ ~J I,... l.~-~ -e ~.~.:~c~~~~.~..,~:... \\ - vdlon~ ",,,,,,... F 80l;

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