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06-24-2014 (City Council) Agenda Packet Wylie City Council CITY O OF WYLIE NOTICE OF MEETING Regular Meeting Agenda June 24, 2014 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.w lietexas.avv. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Wylie Way-4th 9 Weeks -Liliahna Lusk • Proclamation designating July as Parks and Recreation Month in the City of Wylie • Employee Anniversary Presentation (5 Employees) • Presentation of Outgoing 2013-14 Boards and Commission Members June 24,2014 Wylie City Council Regular Meeting Agenda Page 2 of 3 CONSENT AGENDA All matters listed under the Consent Agenda are considered to he routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the June 10, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) OATHS OF OFFICE • Judge Terry Douglas to Administer Oaths of Office to 2014-15 Board & Commission Members CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. • James Feivor—Requesting a Zoning Change for address 1335 FM 1378 Wylie, TX CONSENT AGENDA CONTINUED All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for May 31, 2014. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2014.. (L. Bantz, Finance Director) D. Consider, and act upon, Ordinance No. 2014-22 annexing a certain 18.602 acres of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas, being a part of those tracts of land described in deed to William W. Housewright recorded in Volume 953, page 537 (East Tract) and Volume 2808, Page 505, (West Tract) of the Deed Records, Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. 2014-03a (R. 011ie, Planning&Zoning Director) E. Consider, Consider, and act upon, Ordinance No. 2014-23 amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter described property, Zoning Case Number 2014-03, amending Planned Development 2005-24, Section X Transition Zones; to create a Thirty Foot Common Area Landscape Buffer and amend the Minimum Lot Sizes of Seven (7) lots along the North Property Line of Braddock Place Phase 3. Providing for a penalty for the violation of this ordinance; providing for the repeal of all Ordinances in conflict; providing a severability clause; and providing for an effective date. ZC 2014-03 (R. 011ie, Planning &Zoning Director) READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. June 24,2014 Wylie City Council Regular Meeting Agenda Page 3 of 3 WORK SESSION • Discuss and provide direction regarding a possible amendment to the Code of Ordinances as it pertains to no smoking regulations. (M. Manson, City Manager) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code§551.001 et. seq., will he held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney from the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to, the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on this 201h day of June, 2014 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.vwlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITYCl OF WYLIE Minutes Wylie City Council Meeting Tuesday, June 10, 2014- 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Keith Stephens, Councilman Nathan Scott, Councilman William Whitney III, and Councilman Todd Wintters. Councilman Bennie Jones and Councilman David Dahl were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Planning Director, Renae' 011ie; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Public Information Officer Craig Kelly gave the invocation and Planning Director Renae' 011ie led the Pledge of Allegiance. PRESENTATIONS • The Wylie Way Students -4th 9 Weeks Mayor Hogue and Mayor pro tem Stephens presented medallions to students demonstrating "Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the "Wylie Way Student." CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present wishing to address Council during Citizens Comments. Minutes June 10, 2014 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the May 27, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat creating 11 single family residential lots and 1 open space lot on 23.267 acres for the Creekside Estates Subdivision, Phase VII, generally located east of Phase of Phase VI, west of Riverchase Subdivision and Rita Smith Elementary. (R. 011ie, Planning &Zoning Director) C. Consider, and act upon, approval of a Preliminary Plat for Mansions at Wylie Seniors Apartments, Lot 1, Block A, creating a single lot, for the development of a 320 unit age restricted multi-family complex, generally located approximately 1200 feet south of FM 544 on McCreary Road. (R. 011ie, Planning&Zoning Director) D. Consider, and act upon, Ordinance No. 2014-20 repealing Ordinance 2008-45, amending Chapter 50 (Floods), Article II (Flood Damage Prevention), of the Wylie Code of Ordinances; updating and establishing regulations for flood damage prevention; defining the flood hazard areas of Wylie; Prescribing rules and regulations for construction in flood hazard areas to reduce flood losses; appointing the City Manager or his/her designated representative to implement the provisions of this ordinance; Requiring permits for development in Flood Hazard areas; establishing a disclaimer of liability; providing for a penalty for the violation of this Ordinance; providing repealing, savings and severability clauses; providing for an effective date of this ordinance and for the publication of the caption hereof. (C. Hoisted, City Engineer) Council Action A motion was made by Councilman Whitney, seconded by Mayor pro tem Stephens to approve the consent agenda as presented. A vote was taken and the motion passed 5-0 with Councilmembers Jones and Dahl absent. REGULAR AGENDA 1. Conduct the 2nd Public Hearing for the annexation of three tracts of land approximately 18 acres situated in the Francisco De La Pina Survey, Abstract No. A0688, Tract No. 122, Tract 123, and Tract 123-9, Collin County, Texas, generally located east of W.A. Allen Blvd. and north of Stone Road and immediately east of Stone Grove Addition. (R. 011ie, Planning&Zoning Director) Minutes June 10, 2014 Wylie City Council Page 2 Staff Comments Planning Director 011ie addressed council stating that this annexation is at the request of property owners of three tracts of land. The subject tract is contiguous to existing city limits on the north, west, and south, while properties to the east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the City to create a residential development and provide connection to existing Stone Grove Phase I Addition to the west. Stone Grove Addition was zoned in 1985, followed by an amendment to establish area regulations with the adoption of PD Ordinance No. 93-29 in 1993. Phase I has been platted since 1987 consisting of 71 single-family residential lots on approximately 37.26 acres. Phase 2 has never been platted. 011ie noted in compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings May 14, 2014 and May 21, 2014 First Public Hearing May 27, 2014 Second Public Hearing June 10, 2014 Adoption of Ordinance June 24, 2014 Public Hearing Mayor Hogue opened the public hearing on Item #1 at 6:30 p.m. asking anyone present wishing to address Council to come forward. No one was present to address Council. Mayor Hogue closed the public hearing at 6:32 p.m. No action was required. Consideration of adopting the annexation ordinance will be considered at the June 24, 2014 Wylie City Council meeting. 2. Hold a Public Hearing, and consider and act upon, a change in zoning from Planned Development 2005-24 (PD-2005-24) to Planned Development-Single-Family (PD-SF) to amend PD-2005-24, Section X Transition Zones to create a 30 foot common area landscape buffer and to adjust the minimum lot sizes of 7 lots along the north property line; on approximately 18.322 acres generally located west of FM 544 and approximately 400 feet south of Alanis Drive. ZC 2014-03 (R. 011ie, Planning & Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting to establish clear design guidelines for the landscape buffer along the northern property line of the subject property as established in Section X Transition Zone of the PD Conditions. 011ie explained the previous conditions required that the developer plant evergreen trees thirty feet on center in an established edge, one lot deep, of lots along the northern property line that have a minimum lot size of 20,000 s.f., to create a 30' landscape buffer between the Pulliam property and Braddock Place. The requested conditions allow for a minimum lot size of 13,500 in lieu of the 20,000 in order to have the 30' landscape buffer within a common area owned and maintained by the HOA as opposed to individual property owners. In addition, the homebuilder will install along the rear lot line of the common area lot tubular steel fencing along the length of such lot. Minutes June 10, 2014 Wylie City Council Page 3 Four (4) notifications were mailed; with zero (0) written response returned favoring the request and zero (0) responses opposing the request at the time of posting. The Planning and Zoning Commission voted 6-0 to recommend approval. Wylie resident Tommy Pulliam addressed council stating that he had worked with the City and the developer to come to a common agreement regarding the landscape buffer. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Wintters to approve a change in zoning from Planned Development 2005-24 (PD-2005-24) to Planned Development-Single-Family (PD-SF) to amend PD-2005-24, Section X Transition Zones to create a 30 foot common area landscape buffer and to adjust the minimum lot sizes of 7 lots along the north property line; on approximately 18.322 acres generally located west of FM 544 and approximately 400 feet south of Alanis Drive. (AC 2014-03). A vote was taken and the motion passed 5-0 with Councilmembers Jones and Dahl absent. 3. Consider, and act upon, approval of a Final Plat creating 53 single family residential lots and 2 open space lot on 18.322 acres for the Braddock Place Phase 3 Subdivision, generally located west of FM 544 and north of Wally Watkins Elementary School. (R. 011ie, Planning&Zoning Director) Staff Comments Planning Director 011ie addressed council stating that the property totals 18.322 acres and will create 53 single-family residential lots. The subject property is part of the 185.1449 acre Braddock Place Addition Planned Development (PD 2005-24), which consists of Single-Family Residential of varying densities, and Common Open Spaces. The property was annexed into the City of Wylie on September 28, 2004, and was the subject of a Zoning Case approved by City Council on July 26, 2005. 011ie explained the original Final Plat for Phase 3 was approved in September 2013, but was never filed. With the proposed changes to the PD (on current agenda item above), the applicant is requesting approval of the revised plat to reflect such changes as lot size, and landscape buffer. 011ie reported the Commission recommended approval 6-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to approve the Final Plat creating 53 single family residential lots and 2 open space lots on 18.322 acres for the Braddock Place Phase 3 Subdivision, generally located west of FM 544 and north of Wally Watkins Elementary School. A vote was taken and the motion passed 5-0 with Councilmembers Jones and Dahl absent. 4. Consider, and act upon, Ordinance No. 2014-21 amending the Wylie Code of Ordinances, Chapter 114 (Utilities), Article IV (Water), Division 2 (Drought Contingency Program, Sections 114-97 (Drought Contingency and Water Emergency Response Stages and Measures) and 114-99 (Procedures for Enforcing Mandatory Water Use Restrictions and Coordination with the Regional Water Planning Groups); Extending Landscape Watering Restrictions; Establishing Enforcement Minutes June 10, 2014 Wylie City Council Page 4 Measures; Providing for a Penalty for the Violation of this Ordinance; Providing for Repealing, Savings and Severability Clauses; Providing for an Effective Date of the Ordinance; and Providing for the Publication of the Caption Hereof. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that on May 29, 2014, the North Texas Municipal Water District (NTMWD) took action to extend the once-every-two-week Stage 3 watering restrictions through October 31. Beforehand, once-every-two-week watering would be in place from November 1 through March 31, but due to the drought's persistence, the NTMWD feels that this extension is essential to preserving the water supply. The proposed amended Ordinance updates the Stage 3 watering restrictions in the City's plan to be consistent with the direction of NTMWD, and it also clarifies and defines specific enforcement measures that can be taken. Sferra explained that in seeking greater clarity and specificity for the appropriate wording, staff consulted with the City Attorney and the Municipal Court Prosecutor, and the following is proposed: (1) A person violates this Drought Contingency Plan if the person knowingly or intentionally uses water, or permits the use of water, provided by the City of Wylie in a manner contrary to any provision of this Drought Contingency Plan, or in an amount in excess of that permitted by the drought contingency and water emergency response stages in effect at the time of such use. (2) Any person who violates this Drought Contingency Plan shall be subject to the following penalties: a. On the first violation, a person will be given a written warning. b. On the second violation and each subsequent violation thereafter, a citation may be issued to the person, with fines established by ordinance. c. If a person is convicted of three or more violations, a flow restrictor may be installed to limit the amount of water that passes through the water meter of the property where the violations occurred or originated. d. If a person is convicted of four or more violations, water service to the property where the violations occurred or originated may be discontinued. Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at FIVE HUNDRED AND 00/100 DOLLARS ($500.00), and any other costs incurred by the City of Wylie in discontinuing service. In addition, suitable assurance must be given to the City Manager that the same action shall not be repeated while the Drought Contingency Plan is in effect. e. In addition to the foregoing, compliance may also be sought through injunctive relief in a court of competent jurisdiction. (3) Any person in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall Minutes June 10, 2014 Wylie City Council Page 5 have the right to show that he/she/it did not commit the violation. A parent shall be presumed to be responsible for violations of his or her minor child and proof that a violation, committed by a minor child, occurred on property within the parent's control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he or she proves that he or she had previously directed the minor child not to use the water as it was used in violation of this Drought Contingency Plan and that the parent could not have reasonably known of the violation. Council Discussion Mayor Hogue asked Public Services Director Sferra how citizens knew when their day was to water every other week. Mr. Sferra replied that it was on the trash day cycle and was posted on the website. Additional advertising would be done to alert residents to their specific watering day. Councilman Wintters asked if the specific fines were listed. Public Services Director Sferra replied the specific fines were indicated in the proposed ordinance. Councilman Whitney asked if rain water collected by residents was allowed to be used. Mr. Sferra replied that it was. Councilman Scott asked how enforcement would be handled when residents report violations. He asked if a page could be set up on the website to report violations. Mr. Sferra replied that a contact page existed on the web site, with a mobile app allowing a picture to be included with the report. Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to adopt Ordinance No. 2014-21 amending the Wylie Code of Ordinances, Chapter 114 (Utilities), Article IV (Water), Division 2 (Drought Contingency Program, Sections 114-97 (Drought Contingency and Water Emergency Response Stages and Measures) and 114-99 (Procedures for Enforcing Mandatory Water Use Restrictions and Coordination with the Regional Water Planning Groups); Extending Landscape Watering Restrictions; Establishing Enforcement Measures; Providing for a Penalty for the violation of this Ordinance; Providing for Repealing, Savings and Severability Clauses; Providing for an Effective Date of the Ordinance; and Providing for the Publication of the Caption Hereof. A vote was taken and the motion passed 5-0 with Councilmembers Jones and Dahl absent. 5. Consider, and act upon, the recommendations of the 2014 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Historic Review Commission, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2014 and end June 30, 2016/17. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the 2014 Council interview panel had met with all applicants and had presented the recommendations for positions of each board from the applicant pool. Panel members serving were Mayor pro tem Stephens, Councilman Dahl and Councilman Scott. Minutes June 10, 2014 Wylie City Council Page 6 Mayor pro tern Stephens (Panel Chair) read the recommendations for each board to the Council. They included the following recommended positions: Animal Shelter—Board members: Dr. Chuck Kerin-Veterinarian; Amy Nutz, Animal Welfare; David Dahl, Public Official; David Lewis, citizen. Replacements should a vacancy occur: Ashley Pickering and Angie McCrary. Construction Code Board — Board members: Karen McGinnis, Dale Davenport, and Sunvil Verma. Alternates: Ned Petersen and Charles Barton. Historic Review Commission — Board members: Robert (Bob) Heath Sr., Annilee Wateman, and Jennifer Wakeman. Library Board — Board members: Sandra Stone (1 year term), Kenneth Cash, and Geraldine Washington. Parks and Recreation Board — Board members: David White, Lisa Ulmer, Bobby Kinser, Emmett Jones, and Matt Rose. Replacement member should a vacancy occur: Tyler Hamilton. Parks and Recreation 4B Board—Board members: Mayor Eric Hogue and Councilman Bennie Jones. Planning and Zoning Commission — Board members: Diane Culver, Ronald Smith, Randy Owens, Bill Baumbach, and Jeremy White. Public Arts Advisory Board — Board members: Kathy Spillyards, Margaret Boyd, Lynn Grimes, Lisa Green, and Anne Hiney. Wylie Economic Development Corporation Board—Board Member: Todd Wintters. Zoning Board of Adjustments— Board members: Jason Potts, William Hiney, Kevin Finnell, and Robert Holcomb. Alternates: Andres Gonzalez and Karyn McGinnis. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Scott to approve the recommendations of the 2014 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Historic Review Commission, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2014 and end June 30, 2016/17. A vote was taken and the motion passed 5-0 with Councilmembers Jones and Dahl absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2014-20 and 2014-21 into the official record. WORK SESSION • 2014-15 Budget Work Session (L. Rant, Finance Director) City Manager Manson gave a brief overview of the assumptions affecting the FY 2014-15 budget. Manson explained that estimates from the Collin County Appraisal District were currently estimated to go up by 7%. Sales tax was estimated to have an increase of around 2% in FY 2015. Home starts were estimated to increase to 350 units, a 50 unit increase. She explained expenditures included completing the Compensation Study and Step increases Minutes June 10, 2014 Wylie City Council Page 7 for Public Safety. An increase in employee health insurance was estimated to be 15%. No new department requests were included in the assumptions. Manson explained that using those assumptions, the general fund would collect revenues of $29,547,159 and expend $29,874.991 leaving a deficit of $327,832. Some funding would need to come from the Fund Balance to pay debt ($400,000), but would leave the fund healthy at 32%. She noted that Council's written policy required leaving 25% of total annual operating costs in the fund. Manson reported individual department budget presentations were scheduled for July 15th and 17th. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into regular session at 8:00 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor pro tern Stephens, seconded by Councilman Wintters to adjourn the meeting at 8:04 p.m. A vote was taken and the motion passed 5-0 with Councilmembers Jones and Dahl absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes June 10, 2014 Wylie City Council Page 8 oF rtsitire Wylie City Council AGENDA REPORT Meeting Date: June 24, 2014 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: June 16, 2014 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for May 31, 2014.. Recommendation Motion to approve, the City of Wylie Monthly Revenue and Expenditure Report for May 31, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of I ����-�^ ���� U�� CITY' ��n vv v ^-n�- MowTnLYp|mAwomLmspmnT May o1.001* xmmuAL CURRENT YToAoTuAL o"""^m",^ BUDGET MONTH ACTUAL YTo4oTuAL AmAPERCENT 66a7Y6 ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 18.824.538 494.509 16.779.338 89.14% A FRANCHISE FEES 2.383.500 308.048 1.074.632 44.90% g LICENSES AND PERMITS 506.000 132.097 474.438 83.82% INTERGOVERNMENTAL REV. 772.590 22.032 502.027 7275% SERVICE FEES 2.880.180 288.733 1.781.415 59.99% C FINES AND FORFEITURES 297.000 22.708 100.772 54.13% INTEREST INCOME 15.000 216 1.995 13.30% D MISCELLANEOUS INCOME 345.500 21.397 123.641 3579% OTHER FINANCING SOURCES 1.789.098 108.020 1.888.842 105.58% E REVENUES 27.e8e.406 1.400.105 22.857.102 81a6Y6 USE OF FUND BALANCE 1.407.800 NA NA NA p USE OF ROLLOVER FUNDS FOR PSe 55.100 NA NA NA TOTAL REvEmusa 2e.512.306 NA mA, NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 90.811 5.158 51.888 5726"& CITY MANAGER 814.173 83.820 478.953 58.83"& CITY SECRETARY 207.010 25.088 103.108 01.88"& CITY ATTORNEY 148.000 8 00.201 4872"& FINANCE 870.749 121.751 049.412 00.48"& FACILITIES 598.340 25.370 345.875 5771"& MUNICIPAL COURT 290.420 31.000 173.320 59.08"& HUMAN RESOURCES 210.873 22.058 138.284 03.76.& PURCHASING 83.772 9.325 58.107 01.97.& INFORMATION TECHNOLOGY 1.105.186 111.750 073.318 00.92.& POLICE 6.710.822 702.373 4.542.274 07.69.& FIRE 6.087.550 022.886 3.848.943 0323.& EMERGENCY COMMUNICATIONS 1.218.943 118.422 739.896 00.70.& ANIMAL CONTROL 380.101 33.560 240.191 03.19.& PLANNING 505.831 53.885 322.875 03.83.& BUILDING INSPECTION 488.884 *2.557 303.165 02.01.& CODE ENFORCEMENT 230.284 22.482 120.669 55.01.& STREETS 1.885.932 144.349 740.606 37.59.& PARKS 1.898.314 152.827 1.002.110 52.79.& LIBRARY 1.550.789 151.035 1.028.859 05.83.& COMBINED SERVICES 4.148.392 47.996 2.350.798 50.65.& TOTAL EXPENDITURES 2e.809.136 2,538,380 18.037.022 60.51% REVENUES ovEpx(umoEn)EXPENDITURES -29e.830 -1.138.275 4.820.080 21.16Y6 A. Property Tax Collections for FY13'14anof May 31 are 98.43"&.in comparison tuFY12'13 for the same time period 98.12Y6. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2012-13 revenue with the remaining fees coming from other seasonal fees. D. Interest Income: In relation to the last 12 months the current interest is in line with projections. E.Other Financing Sources includes the annual transfer from the Utility Fund and sale of Capital Assests at auction. CITY OF WYLIE MONTHLY FINANCIAL REPORT May 31,2014 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 66.67% ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,783,000 980,375 6,879,806 49.92% G INTEREST INCOME 7,000 94 1,019 14.56% MISCELLANEOUS INCOME 42,000 3,952 31,349 74.64% OTHER FINANCING SOURCES 5,219 12,908 18,127 347.33% H REVENUES 13,837,219 997,329 6,930,302 50.08% USE OF FUND BALANCE 425,500 NA NA NA I TOTAL REVENUES 14,262,719 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 296,241 25,029 188,128 63.51% UTILITIES-WATER 2,281,065 309,981 1,205,981 52.87% CITY ENGINEER 539,511 41,968 263,285 48.80% UTILITIES-SEWER 802,086 68,933 522,162 65.10% UTILITY BILLING 350,944 32,794 186,164 53.05% COMBINED SERVICES 10,447,336 566,522 7,587,473 72.63% J TOTAL EXPENDITURES 14,717,183 1,045,227 9,953,192 67.63% REVENUES OVER/(UNDER)EXPENDITURES -454,464 -47,898 -3,022,891 -17.55% G.Most Utility Fund Revenue billed in October is applicable to FY 2012-13. H.Includes sales of Capital Assets at auction. I. Use of Fund Balance:For Replacement/New Fleet&Equipment. J.Due to annual transfer to the General Fund&debt service payment recorded in February. This will level out throughout the fiscal year. of_Vitt. Wylie City Council AGENDA REPORT Meeting Date: June 24, 2014 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: June 16, 2014 Budgeted Amount: Exhibits: Monthly Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2014. Recommendation Motion to accept, and place, on file, the City of Wylie Monthly Investment Report for May 31, 2014.. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of 1 1 2013-2014 Investment Report May 31, 2014 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,526,479.19 MMA 0.0244% Texpool 12/31/2006 NA 2 $15,043,635.99 MMA 0.0273% TexStar 3/15/2011 NA $29,570,115.18 Total Weighted Average Coupon: 0.03% Money Markets: $29,570,115.18 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,570,115.18 CdS y fi Wylie City Council :7. AGENDA REPORT ,z tss orl Meeting Date: June 24, 2014 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 24, 2014 Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2014-22 annexing a certain 18.602 acres of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas, being a part of those tracts of land described in deed to William W. Housewright recorded in Volume 953, page 537 (East Tract) and Volume 2808, Page 505, (West Tract) of the Deed Records, Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. Recommendation Motion to approve, Ordinance No. 2014-22 annexing a certain 18.602 acres of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas, being a part of those tracts of land described in deed to William W. Housewright recorded in Volume 953, page 537 (East Tract) and Volume 2808, Page 505, (West Tract) of the Deed Records, Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. Discussion Property Owner: Robert Schraplar, Betty Housewright Applicant: Douglas Properties,Inc. The subject tracts are contiguous to existing city limits on the western side, while properties to the north, south and east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the city and eventually develop it as a combination of uses including, but not limited to assisted living, medical. complexes, and single family dwellings. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings May 14, 2014 and May 21, 2014 First Public Hearing May 27, 2014. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Second Public Hearing June 10, 2014 Adoption of Ordinance June 24, 2014 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. By adoption of this ordinance and the attached Exhibits ("A" Legal Description; Exhibit "B" Survey; Exhibit "C" Concept Plan; Exhibit "D" Service Plan), the property is temporarily classified as Ag/30 (Agricultural District) until permanent zoning is established by the Council in accordance with Article 8 of the City of Wylie Comprehensive Zoning Ordinance. ORDINANCE NO. 2014-22 AN ORDINANCE ANNEXING A CERTAIN 18.602 ACRES OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS, BEING A PART OF THOSE TRACTS OF LAND DESCRIBED IN DEED TO WILLIAM W. HOUSEWRIGHT RECORDED IN VOLUME 953, PAGE 537 (EAST TRACT) AND VOLUME 2808, PAGE 505, (WEST TRACT) OF THE DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and; WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan (EXHIBIT "C") has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Ordinance No.2014-22—Annexation—18.602—Francisco de la Pina Survey Page 1 of 3 WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Agriculture/30 (A/30) District, said property being described in Exhibit "A" (Legal Description) and Exhibit "B" (Survey), and attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in. conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. Ordinance No.2014-22—Annexation—18.602—Francisco de la Pina Survey Page 2 of 3 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24t1 day of June, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:July 2, 2014 in the Wylie News Ordinance No.2014-22—Annexation—18.602—Francisco de la Pina Survey Page 3 of 3 DEED DESCRIPTION BEING a 18.602 acre tract of land situated out of the Francisco De La Pina Survey,Abstract No. 688,Collin County,Texas and being a part of those tracts of land described in deed to William W. Housewright recorded in Volume 953, Page 537 (East Tract) and Volume 2808, Page 505, (West Tract) of the Deed Records, Collin County,Texas and being more particularly described as follows: BEGINNING at in the west line of said Housewright Tract (West Tract), the same being the southeast corner of Lot 8, Block B, Stone Grove Phase I,an addition to the City of Wylie, Collin County,Texas, according to the map or plat thereof recorded in Cabinet G,Page 173, Map Records, Collin County,Texas; THENCE NORTH, along the west line of said Housewright Tract(West Tract) a distance of 1630.31 feet; THENCE South 89 degrees 17 minutes 00 seconds East, a distance of 225.00 feet to the west line of said Housewright Tract (East Tract); THENCE North 45 degrees 00 minutes 00 seconds West along said west line a distance of 35.35 feet; THENCE NORTH, a distance of 625.60 feet to the northwest corner of said Housewright Tract (East Tract); THENCE North 33 degrees 29 minutes 00 seconds East, along the northerly line of said Housewright Tract(East Tract) a distance of 362.50 feet to the north corner of said Housewright Tract (East Tract); THENCE SOUTH, along the east line of said Housewright Tract(East Tract)a distance of 2575.43 feet; THENCE South 88 degrees 28 minutes 59 seconds West, over and across both said Housewright Tracts a distance of 399.05 to the POINT OF BEGINNING and containing 18.602 acres or 810,307 square feet of land more or less. THE ABOVE 18.602 ACRE DESCRIPTION IS A COMBINATION OF THE ABOVE ADJOINING DEEDS.THIS DESCRIPTION IS FOR INFORMATION PURPOSES ONLY. NO SURVEY HAS BEEN PREFORMED ON THE GROUND AND THIS DOCUMENT IS NOT TO BE RECORDED FOR ANY PURPOSE .g wN+m r , r, N. ntir N., J 0 FIELD NOTES/LEGAL DESCRIPTION SURVEYOR'S CERTIFICATION 0 100 200 y5 T BEING a tract or parcel of land situated in the Francisco De La Pine Survey, THENCE North 3O°42'lq" East a distance of 387.69 feet along the East line of Oak To, ---- a - �nx w.. T'tHu +>" " 1 C Q Abstract No. 655, City of Wylie, Collin County, Texas and being more particularly Meadow, Phase Two and the East line of Oak Meadow as recorded in Cabinet L, GRAPHIC SCALE IN FEET ' a described as follows: Slide 614, Plat Records, Collin County, Texas, passing the common corner for Lot �„„„� = /'1 E ii, Slack G, Oak Meadow and Lot 12, Slack G, Oak Meadow, Phase Two at 63.62 .,E x L•L C BEGINNING at a 1/2" iron rod found for corner at the Southeast corner of Lot 8, feet to a 3/8 inch IRSG for corner, said point being the Northeast corner of said The undersigned, a Registered Professional Land Surveyor in the State of Texas, Bearing Basis - Bearings a based on NAD83 "' E"a^° , V Block S of Stone Grove, Phase I, said point being the Southwest corner of a William; W. Housewri ht tract and the Nortnwest corner of Avalon Addition, Phase hereby certifies to the above (reference GF Na. , Dated as determined by North Texas Zone 4202. w" "` C' tract of land conveyed to William W. Housewright as described in Volume 280S, II as recorded in 'Document No. 2006,0407010001370, Official Public Records, 2014) that a survey was made on the ground, under my supervision and correctly 3 / .-4 " ( s Page 505, Deed Records, Collin County. Texas and being in the North right-of-way Collin County, Texas; shows, on the basis of a field survey made in substantial compliance with the Texas 4 C� $ • 0 line of E. Stone Road (a P0' R.O.W. at this point): Society of Professional Land Surveyors Standards and Specifications for a (,-.U' , THENCE along the East line of said William W. Housewri ht tract and the West Category IA, Condition II Survey, (i) a fixed and determinable position and location ' E -...,. THENCE North OO°l9'36" East a distance of 1630.46 feet alone the West line of line of said Avalon Addition, Phase 11 the followingcourses and distances to wit: of the herein described land (including the position of the point of beginning) and $ a, CO said William W. Housewriaht tract and the East line of said Stone Grove, Phase I, the boundary lines and dimensions and area of the land indicated hereon; (ii) the LEGEND ^' " c �, '= � . W en and passing a 3/8 inch iron rod found at 683.75 feet which is the Northeast corner South 05°43'41" East a distance of 133.50 feet to a 5/8 inch IRSG for corner; location of all buildings, structures and other improvements, and visible items on the ?� a am'+ C ii 4 of said Stone Grove, Phase and the Southeast corner of a tract of land conveyed land and the distances of all such buildings, structures and other improvements to IRF = IRON ROD FOUND the property lines of the land; (lii) that as shown graphical depiction only. A '6"`°' '""^� $ ` 8 to Don Light and Spouse, Marilyn Light as described in Volume tu, Page 1743, South 00°53'16" East a distance of 101.77 feet to a 5/8 inch IRSG for corner; p p 9 d q p pIRSG = IRON ROD WITH CAP SET 4 .;7 r 1 /` -D Document'Ne. P7-00N4043, Official Public Records, Collin County., Texas, to a 5/8 portion of the subject property lies within a flood plain or flood hazard area as MARKED "ADAMS SURVEY RPLS 5610 C inch capped iron rod set stamped "ADAMS SURVEY, RPLS 5610 (IRSG) for corner; South 01°I6'211" West a distance of 87.06 feet to a 5/8 inch IRSG for corner; defined by the F.E M.A. Flood Insurance Rate Map Community Panel Number CM = CONTROLLING MONUMENT }ff.}S''L' _ IX "^`" 48085C0420.1, dated June 2, 200q;(Iv) the locations and dimensions of all Qs = MANHOLE .,,az '°" '('"""" y7 THENCE South 801°12'19" East along the North line of said William W. Housewriaht tract North 88°55'05° West a distance of 6.51 feet to a 5/8 inch IRSG for corner; alleys, streets, roads, rights-of-way drive ways,easements or other cuts on the 0 = POWER POLE 0 and the South line of said Don and Marilyn Light tract, a distance of 224.42 feet to curbs along any street upon which he land abuts as per the field. OHE = OVERHEAD ELECTRIC POWER LINE NOT (T0 SCALE — co a point in a pond for corner; South 0O°IG'19" East a distance of 432.43 feet to a 5/8 inch IRSG for corner CoH said point being the Southwest corner of said Avalon Addition, Phase II and the L7 THENCE North 44°45'42" West along the West line of said William W. Housewriaght Northwest corner of a tract of land conveyed to William R. Talbert as recorded 0 tract and the East line of said Don and Marilyn Light tract, a distance of 36.28 Peet in Volume 6066, Page 556, Document No. 2005-0175670, Official Public Records, PhilipE. Adams, Registered Professional Land Surveyor, t5610 _4 to a 5/8 inch IRSG for corner; Collin County, Texas; 9 9 THENCE North OO°05'25" West along the West line of said William W. Housewriaqht THENCE South 00°20'I2' West along the East line of said William W. Housewriaht tract and the East line of said on and Marilyn Light tract, a distance of 6i 7.zi4 Peet tract and the West line of said William R. Talbert tract, a distance of 1854.54 feet to a 1/2 inch iron rod found for corner in the Southeast line of Oak Meadow, Phase to a 5/8 inch IRSG for corner, said point being the Southwest corner of said William Two as recorded in Cabinet M, Slide 217, Plat Records, Collin County, Texas, said R. Talbert tract and being in the North right-OP-way line of said Stone Road; point being the Northwest corner of said William W. Housewriaht tract and the ^' Northeast corner of said Pon and Marilyn Light tract; THENCE North 8P°I76O" West along the North line of E. Stone Road and the South JS)7 line of said William W. Housewriaht tracts, a distance of 311.05 feet to the POINT te)OF SECINNINC and containing 18.713 acres of land, more or less. N m O �^ qv 1 � // � � FLOOD ZONE AE �, -__ V i to F VY ,.A,NF NN �joki / ' ,� 77' FLOOD ZONE X , k-i , Q AV / / ROLLING Ef 0`r6` r � � to RE /, oin O C '.,' i it3,I �" j _1ta n §/. I/2" IRF " U_-, ?5'--- - --/ ", pi , (GM) / NOO°19'56"E_�1630A6' _ ~ g p C� y 683.'7 Ott `` 3 (CM) IRF — -- •5/8" IRSG " r + ` `�..� /r/ .. r/., V ec t k -- �@ + x _ Pita. pe Pence W 5/8 IRSG k , ."''' '''"''''- ---T/ I W tv 1 (e�}7 AR --PIPE FENCE sroORr _.-- � / I/2 IRF �s�„f I WSE Zi Q / Stream _.. / ____ LIF7 —_� .\ "'I IRSG — N00°0373'W 61Z94' _ /2" ((( -Approx. POINT i Trt J 6� - C -----_ l IN POND �6,r .-> - -/ w ' f i C FLOOD ZONE AE -, 11 \ POND N44 43 2W e:II'I Ia� Revisions Date is-vs, i. FLOOD ZONE X �� _ _ _ txisrBARN. Barbed Wire Fence S)8" IRSG i 5/8" IRSG x �� �� ,.a..�.. ,. ,. ., v _, .. --_y - v x x x ��__. x _.uS/8" IR5G 8:, IRSG 5/8" IRSG "` $00°2012W 1854.84 e� w a00°1�19 E 431 501°I6299W 500°5316"E 503°4341=E 15/8° IRSG / ti " 8706 tOLTI 73350 R A'` Ky.{ ZONE X �^ Av : \N \'\ / ' ., n/ w -' , � '' � "' i 71 Issue Dates: V f f ° Z U Jf / J �., 12/II,%:0:77A--IIAIII,I,ex F� t - _ _ / { - x PK NAL t-ND �� 01 tt PK NAIL FND i x i K a i t I /) 41 PEOFrF '� �g7aTE 1, .14 ♦ .; 0.7 P Ii Adams 14C C9Na Ea~ oa . SURV © COPYRIGHT 2014 Preliminary 26, 2014 a/ EXHIBIT "C" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA HOUSEWRIGHT/SCHRAPLAR TRACTS ANNEXATION ORDINANCE NO 2014-22 DATE OF ANNEXATION ORDINANCE: June 24, 2014 ACREAGE ANNEXED: 18.602 acres SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey, Abstract No. A0688, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as deteiluined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as EXHIBIT "C" determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of pennits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT "C" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. EXHIBIT "C" 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. EXHIBIT "C" J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. Wylie City Council • AGENDA REPORT Meeting Date: June 24, 2014 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 13, 2014 Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2014-23 amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter described property, Zoning Case Number 201.4-03, amending Planned Development 2005-24, Section X Transition Zones; to create a Thirty Foot Common Area Landscape Buffer and amend the Minimum Lot Sizes of Seven (7) lots along the North Property Line of Braddock Place Phase 3. Providing for a penalty for the violation of this ordinance; Providing for the repeal of all Ordinances in conflict;providing a severability clause; and providing for an effective date. Recommendation Motion to approve, Ordinance No. 2014-23 amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter described property, Zoning Case Number 2014-03, amending Planned Development 2005-24, Section X Transition Zones; to create a Thirty Foot Common Area Landscape Buffer and amend the Minimum Lot Sizes of Seven (7) lots along the North Property Line of Braddock Place Phase 3. Providing for a penalty for the violation of this ordinance; Providing for the repeal of all Ordinances in conflict; providing a severability clause; and providing for an effective date. Discussion Owner: BPE Phase III G.P. Corporation Applicant: Skorburg Company Zoning Case 2014-03 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Exhibits A, B & C are included and made a part of this Ordinance. Exhibit B details the conditions of the Planned Development. The property will be developed as Braddock Place, Phase 3. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2014-23 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2014-03, AMENDING PLANNED DEVELOPMENT 2005-24, SECTION X TRANSITION ZONES; TO CREATE A THIRTY FOOT COMMON AREA LANDSCAPE BUFFER AND AMEND THE MINIMUM LOT SIZES OF SEVEN (7) LOTS ALONG THE NORTH PROPERTY LINE OF BRADDOCK PLACE PHASE 3. PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development for Single-Family Development, said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions), and Exhibit "C" (Concept Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, Ordinance No.2014-23 -Zoning Change-Amending PD 2005-24, Section X Transition Zones-30' Common Area Landscape Buffer&Amend Minimum Lot Sizes of 7 Lots along the North Property Line of Braddock Place Phase 3 Page 1of2 as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of June, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:July 2, 2014 in the Wylie News Ordinance No.2014-23 -Zoning Change-Amending PD 2005-24, Section X Transition Zones-30' Common Area Landscape Buffer&Amend Minimum Lot Sizes of 7 Lots along the North Property Line of Braddock Place Phase 3 Page 2 of 2 LEGAL DESCRIPTION BEING, a tract of land situated in the D.W. Williams Survey, Abstract No. 980, in the City of Wylie, Collin County, Texas,being out of a 185.1449 acre tract, as described in Clerks File No. 20060119000079810 in the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING, at a 5/8 inch iron rod found in the west line of said 185.1449 acre tract also being the northwest corner of Wally W. Watkins Elementary School, an addition to the City of Wylie, as described in Volume 2010, Pages 247-248, in the Plat Records of Collin County, Texas, same being in the east line of a 14.000 acre tract, as described in Volume 5863, Page 2007, in said Deed Records; THENCE,North 00°43'49"West, along the west line of said 185.1449 acre tract and the east line of said 14.000 acre tract, for a distance of 641.35 feet, to a '/2 inch iron rod set at the northwest corner of said 185.1449 acre tract, being in the south line of a 13.330 acre tract, as described in Clerks File No. 20060919001346100 in said Deed Records; THENCE,North 90°00'00"East, along the north line of said 185.1449 acre tract and along the south line of said 13.330 acre tract at 573.99 feet,passing a 5/8 inch iron rod found being the southeast corner of said 13.330 acre tract and the southwest corner of a 5.180 acre tract, as described in Clerks File No. 00-0008111, in said Deed Records, and continuing for a total distance of 1220.11 feet, to a '/2 inch iron rod set at the southeast corner of said 5.180 acre tract and the northeast corner of said 185.1449 acre, same being in the west line of F.M. 544 (90' R.O.W.); THENCE, South 04°31'19"East, along the east line of said 185.1449 acre tract and the west line of said F.M. 544, for a distance of 211.90 feet, to a '/2 inch iron rod set at the point of curvature of a curve to the right, having a radius of 2819.79 feet, a central angle of 04°57'44", and a tangent of 122.18 feet; THENCE, continuing along said east and west lines and with said curve to the right for an arc distance of 244.22 feet(Chord Bearing South 02°02'28"East—244.14 feet), to a '/2 inch iron rod set; THENCE, South 00°28'41"West, continuing along said lines, for a distance of 196.39 feet, to a 1/2 inch iron rod set at the northeast corner of said Wally W. Watkins Elementary School; THENCE, North 89°31'19" West, departing said west and east lines and with the north line of said of Wally W. Watkins Elementary School, for a distance of 1235.70 feet, to the POINT OF BEGINNING and containing 18.322 acres of land. Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Braddock Place Zoning Case#2014-03 (As Amended And Approved By City Council) X. Transition Zone: In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision, the developer shall establish an edge, one lot deep, of lots along the south western property line of this development that have a minimum lot size of 10,000 square foot. In an effort to make a land use transition from the existing Pulliam residence north of the Property, the developer shall: (1) establish an edge, one lot deep, of lots along the northern property line of this development that have a minimum lot size of 13,500 square foot, (2) create a thirty foot (30') common area landscape buffer lot ("Landscape Buffer Common Area") between the Pulliam property and Braddock Place that will be planted with evergreen trees thirty feet (30') on center along the edge of the property and which will be owned and maintained by the Homeowners' Association, and (3) before occupancy of a single family dwelling on a lot with a real yard that abuts the Landscape Buffer Common Area, the homebuilder will install along the rear lot line of that lot tubular steel fencing along the area, as depicted on Exhibit "C" attached hereto. All perimeter lots throughout the remainder of the development shall be a minimum of 10,000 square feet. Exhibit "C" Illustration of Location and General Style of Tubular Steel Fencing DALLAS_1/6265494v.2 19719-53 03/27/2014 tf wowALAAf aa4PA4.IE : [ ., I.S OCT 1120.1f ....om.rx $' IS 9..:—I ` �J', _€ ism . - C ...� `.`mom �LL °a. e �.. _ 0. -ra t• ; 50VEWOs IXdrt I m 1'.== e a=za,s.zs' Yy .. d,' _i---;i —__- a ' ¢ O t mo!Kkr . „ Y °rygw ° e 12a , 8.502.0,99'E t¢a ,:, 1 o I� (i tAW)1O NONE a¢i t 14 0 E a4`:� .... v r...11 i Y r . I r k v J .. ane I,ise' 4 �_; ,^ 3 � ;O . .� n .i e e•3 • ate '• E�a,�..ai �ii°mctr� '<- \ \ " ic..IX l�Q , • ••� I.i9'SPNi u3s.>ax +•a +• I -¢ n'"• i .. 1/J PO..i Of EEc[.V"i, -1 l �\ \ \ w e I I / ,Macro..i`i.s \ / 10,tEY�, _ if ��1666 o Y¢telt:d Ccef'n LX YY..Ysa .Y.A'sY¢t1:�.491A ee?ix erC=s \\\\ / �j 'A cooil-A co(r Lr.D[etb[<H Pn19a.E�"14b[i-OYrtor o-dd le6nse Mti J.Y wrajvit \ Et eta%rhA f.. of d3143 eon boot eta[<' e.x i.aina.....a..-a.. '�xi�r04�ffto tf fa PYelstL_.ot4fo Rif S O = i I 1. E w °d U Standard Flat Top u f, r O �`V C l CdS y fi rL Wylie City Council �,%t,= AGENDA REPORT g„ ts$ or 1 Meeting Date: June 24, 2014 Item Number: W-1 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: June 20, 2014 Budgeted Amount: Exhibits: Printouts from database Subject Work Session to discuss and provide direction regarding a possible amendment to the Code of Ordinances as it pertains to no smoking regulations. Recommendation N/A Discussion During the May 13th, 2014 Council meeting, the Council approved an Ordinance prohibiting smoking on city and school property as well as prohibiting the use e-cigarettes by minors and the sale of e-cigarettes to minors. At that time, the Council asked for a work session to be scheduled to discuss other options regarding no smoking regulations particularly regarding restaurants. Questions were raised regarding the possibility of grandfathering existing restaurants. Initial research indicated that this was not an option, however, additional research is underway and an update will be provided. The University of Houston has an extensive data base of all Texas cities and their associated regulations. Attached is information that provides the names of cities, an identified protection level, population and so forth. The protection categories are municipal worksites, private worksites, restaurants, bars not in restaurants, and bars in restaurants. Based on each city's regulations, a number of 1 — 5 is assigned to that category with 1 being "no restrictions" to 5 being"100% smoke free". Included is a list of Collin County cities, Dallas County cities, all Texas cities sorted by population, and state- wide data. Based on that comparison data, it appears that Wylie is one of the least restrictive cities in Collin and Dallas counties. (Rev 01/2014) Page 1 of 1 Texas Munipalities with SHS Ordinances Page 1 of 1 List of Texas Municipalities with SHS Ordinances Collin County (n = 6) 02-06-2014 w7ETURti mgi is to Sort By: Municipality Directions for report generation: • Multiple columns may be sorted to sequence this report. • First, click on the Sort button of the least important column you wish to sort on. Then click on the next least important sort column, working up to the primary sort column. Only 3-4 columns can be sorted most effectively. • To change the sort order (ascending or descending) click the same column again. • When focusing on Population and/or Percent Minority, it may be more useful to screen for population range and/or a percentage minority range from the Create Report screen prior to requesting this report. P.ROTECTiON t.EvEa" DE'SCRIPTIWE INFOnivIATt©N Q ca: tip,1. J� e J� ...Jcr `tse „... A Gt0 ,�csa g47 47�� q; Q c Q` 0 Qy' Allen 5 1 2 2 2 84,246 35.08 3 Collin 6/10/2003 Frisco 5 5 3 1 1 116,989 32.84 3 Collin 11/7/2006 McKinney 5 5 5 1 1 131,117 35.52 3 Collin 7/20/2010 Murphy 1 1 3 3 3 17,708 45.13 3 Collin 5/3/1999 Plano 5 5 5 5 5 259,841 41.65 3 Collin 4/9/2007 Wylie 2 1 1 1 1 41,427 38.33 3 Collin 5/12/2009 100%© Smoke Free (5) - No smoking allowed in a particular setting; Moderate (4) - Designated smoking areas are allowed if separately ventilated; Mixed (3) - Coverage is partial due to exceptions, ambiguities, or legal issues; Limited (2) - Designated smoking areas allowed or required; No Coverage (1) - No restrictions on smoking. Minor exceptions may exist. Notes;Only known ordinances with SHS provisions in the settings listed above are Included.Population data is derived from the most recent Estimated Census and Minority%is derived from the 2000 Census.For descriptions of items reported and the rating criteria,please visit the Methods section of this website.This analysis is for research and evaluation purposes;it is not intended to be a legal opinion. This site Is partially funded by Contract x2.013-042091 from the Texas Department of State Health Services(TDSHS)to University of Houston Law Center. Last Updated: April 2013 Email Patricia Gray with questions or comments about this website. http://shsordinances.uh.edu/MuniList.aspx 2/6/2014 Texas Munipalities with SHS Ordinances Page 1 of 1 List of Texas Municipalities with SHS Ordinances Dallas County (n = 19) 02-06-2014 RIET9Fi+fT0 CRENIE pEPaRT') Sort By: Municipality Directions for report generation: • Multiple columns may be sorted to sequence this report. • First, click on the Sort button of the least Important column you wish to sort on. Then click on the next least important sort column, working up to the primary sort column. Only 3-4 columns can be sorted most effectively. • To change the sort order (ascending or descending) click the same column again. • When focusing on Population and/or Percent Minority, it may be more useful to screen for population range and/or a percentage minority range from the Create Report screen prior to requesting this report. PRO'TEICTION LEVEL• DESCRIPTIVE INiIORMATiON �caQk41r QtiR y QJ ?O J? y� Addison 2 2 2 1 1 13,056 46.45 3 Dallas 3/22/1988 Balch Springs 5 1 2 1 1 23,728 72.28 3 Dallas 6/23/2003 Cedar Hill 2 2 3 1 1 45,028 74.23 3 Dallas 2/8/2000 Coppell 1 2 2 1 1 38,659 33.94 3 Dallas 1/1/1999 Dallas 5 5 5 5 5 1,197,816 71.18 3 Dallas 12/10/2008 DeSoto 2 2 2 1 1 49,047 82.58 3 Dallas 9/19/2000 Duncanville 2 2 2 1 1 38,524 67.65 3 Dallas 6/19/1989 Farmers Branch 1 1 2 2 1 28,616 55.80 3 Dallas 2/2/1987 Garland 5 1 3 1 1 226,876 63.30 3 Dallas 2/21/2006 Glenn Heights 2 2 2 1 1 11,278 74.78 3 Dallas 4/3/1995 Grand Prairie 1 2 2 2 1 175,396 70.89 3 Dallas 2/4/1986 Highland Park 5 1 4 1 4 8,564 8.43 3 Dallas 3/26/2007 Irving 4 3 4 1 4 216,290 69.23 3 Dallas 2/5/2009 Lancaster 2 2 2 1 1 36,361 87.10 3 Dallas 1/1/1994 Mesquite 3 3 5 5 5 139,824 58.37 3 Dallas 3/16/2009 Richardson 5 5 5 2 2 99,223 41.95 3 Dallas 5/12/2008 Rowlett 5 5 5 1 1 56,199 38.51 3 Dallas 2/3/2009 Sachse 5 1 1 1 1 20,329 36.28 3 Dallas 4/17/1995 University Park 5 5 5 5 5 23,068 9.00 3 Dallas 2/16/2010 100% Smoke Free (5) - No smoking allowed in a particular setting; Moderate (4) - Designated smoking areas are allowed if separately ventilated; Mixed (3) - Coverage is partial due to exceptions, ambiguities, or legal Issues; Limited (2) - Designated smoking areas allowed or required; No Coverage (1) - No restrictions on smoking. Minor exceptions may exist. Notes:Only known ordinances with SHS provisions in the settings listed above are included.Population data is derived from the most recent Estimated Census and Minority%is derived from the 2000 Census. For descriptions of items reported and the rating criteria,please visit the Methods section of this website.This analysis is for research and evaluation purposes;it is not intended to be a legal opinion, This site Is partially funded by Contract A2013-042091 from the Texas Department of State Health Services(TDSHS)to University of Houston Law Center. Last Updated;April 2013 Email Patricia Gray with questions or comments about this website. http.//shsordinances.uh.edu/MuniList.aspx 2/6/2014 Texas Munipalities with SHS Ordinances Page 1 of 5 List of Texas Municipalities with SHS Ordinances Statewide(n = 273) 02-11-2014 *mom TO CREATE REPORT ) Sort By: Population, 0/0 Minority, County, PHR, Passage Date, Municipality Directions for report generation: • Multiple columns may be sorted to sequence this report. • First, click on the Sort button of the least important column you wish to sort on. Then click on the next least important sort column, working up to the primary sort column. Only 3-4 columns can be sorted most effectively. • To change the sort order (ascending or descending) click the same column again. • When focusing on Population and/or Percent Minority, it may be more useful to screen for population range and/or a percentage minority range from the Create Report screen prior to requesting this report. PROTECTION LEVEL' DESCRIPTIVE INFORMATION 4; CMsortt sort sort sort sort sort sort sort Houston 5 5 5 5 5 2,099,451 74.38 6 Harris 10/18/2006 San Antonio 5 5 5 5 5 1,327,407 73.40 8 Bexar 8/19/2010 Dallas 5 5 5 5 5 1,197,816 71.18 3 Dallas 12/10/2008 Austin 5 5 5 5 5 790,390 51.26 7 Travis 12/15/2011 Fort Worth 5 5 5 1 5 741,206 58.27 3 Tarrant 8/21/2007 El Paso 5 5 5 5 5 649,121 85.76 10 El Paso 1/2/2002 Arlington 1 1 5 1 5 365,438 55.12 3 Tarrant 3/18/2008 Corpus Christi 5 5 5 5 5 305,215 66.71 11 Nueces 12/16/2008 Plano 5 5 5 5 5 259,841 41.65 3 Collin 4/9/2007 Laredo 5 5 5 5 5 236,091 96.58 11 Webb 4/3/2006 Lubbock 4 4 4 1 1 229,573 44.28 1 Lubbock 7/12/2001 Garland 5 1 3 1 1 226,876 63.30 3 Dallas 2/21/2006 Irving 4 3 4 1 4 216,290 69.23 3 Dallas 2/5/2009 Amarillo 1 1 2 1 2 190,695 40.26 1 Potter 9/19/1989 Grand Prairie 1 2 2 2 1 175,396 70.89 3 Dallas 2/4/1986 Brownsville 5 5 5 5 5 175,023 94.27 11 Cameron 12/5/2012 Pasadena 5 5 5 1 5 149,043 67.30 6 Harris 2/2/2008 Mesquite 3 3 5 5 5 139,824 58.37 3 Dallas 3/16/2009 McKinney 5 5 5 1 1 131,117 35.52 3 Collin 7/20/2010 McAllen 5 2 4 4 4 129,877 88.30 11 Hidalgo 4/14/2008 Killeen 5 5 5 1 5 127,921 65.42 7 Bell 2/10/2009 Waco 2 2 4 4 4 124,805 54,15 7 McLennan 11/17/2009 Carrollton 2 1 4 3 3 119,097 53.75 3 Denton 8/24/1999 Beaumont 5 5 5 5 5 118,296 65.31 5 Jefferson 4/25/2006 Abilene 5 5 5 5 5 117,063 37.63 2 Taylor 12/21/2006 Frisco 5 5 3 1 1 116,989 32.84 3 Collin 11/7/2006 Denton 5 5 5 3 5 113,383 38.09 3 Denton 12/18/2012 Midland 2 1 2 2 2 111,147 48.12 9 Midland 5/26/2005 Wichita Falls 2 2 2 1 2 104,553 36.39 2 Wichita 11/5/2002 Odessa 1 1 2 2 2 99,940 58.48 9 Ector 6/26/2001 Round Rock 5 5 5 1 3 99,887 46,01 7 Williamson 11/14/2002 Richardson 5 5 5 2 2 99,223 41.95 3 Dallas 5/12/2008 Tyler 5 5 5 5 5 96,900 49.17 4 Smith 2/6/2008 Lewisville 2 2 5 5 5 95,290 50.38 3 Denton 7/2/2012 College Station 5 5 5 5 5 93,857 31.75 7 Brazos 9/23/2010 http.//shsordinances.uh.edu/MuniList.aspx 2/11/2014 Texas Munipalities with SHS Ordinances Page 2 of 5 San Angelo 5 5 5 5 5 93,200 45.64 9 Tom Green 11/15/2010 Pearland 5 5 5 5 5 91,252 51.21 6 Brazoria 11/19/2007 Allen 5 1 2 2 2 84,246 35.08 3 Coffin 6/10/2003 League City 3 3 5 1 1 83,560 31,81 6 Galveston 4/10/2007 Longview 4 4 4 4 4 80,455 43.78 4 Gregg 1/9/2003 Sugar Land 5 5 5 1 5 78,817 55.58 6 Fort Bend 9/4/2007 Edinburg 2 2 2 1 1 77,100 91.99 11 Hidalgo 7/7/1992 Mission 2 2 2 2 2 77,058 87.72 11 Hidalgo 3/14/1994 Bryan 2 1 2 1 1 76,201 56.99 7 Brazos 3/27/2001 Baytown 5 5 5 5 5 71,802 61.28 6 Harris 11/20/2006 Pharr 2 1 1 1 1 70,400 93.95 11 Hidalgo 7/16/1996 Missouri City 5 5 5 3 5 67,358 75.07 6 Fort Bend 6/21/2010 Temple 3 1 3 1 1 66,102 44.52 7 Bell 12/21/2006 Harlingen 5 5 5 1 5 64,849 81.99 11 Cameron 3/23/2005 Flower Mound 5 5 5 5 5 64,669 22.27 3 Denton 11/3/2008 North Richland Hills 5 2 2 1 1 63,343 25.34 3 Tarrant 10/27/1997 Victoria 5 5 5 5 5 62,592 58.18 8 Victoria 6/20/2006 New Braunfels 5 5 5 1 1 57,740 39.15 8 Carnal 2/14/2005 Mansfield 5 3 4 3 3 56,368 35.62 3 Tarrant 2/9/2009 Conroe 5 5 5 1 5 56,207 51.70 6 Montgomery 5/6/2010 Rowlett 5 5 5 1 1 56,199 38.51 3 Dallas 2/3/2009 Port Arthur 5 1 1 1 1 53,818 77.16 5 Jefferson 2/13/1996 Euless 2 2 2 2 2 51,277 44.72 3 Tarrant 7/12/1994 DeSoto 2 2 2 1 1 49,047 82.58 3 Dallas 9/19/2000 Cedar Park 2 1 1 1 1 48,937 30.71 7 Williamson 1/1/1988 Galveston 5 5 5 3 5 47,743 54.97 6 Galveston 9/23/2010 Georgetown 5 1 5 1 1 47,400 27.87 7 Williamson 11/28/2006 Bedford 2 1 2 2 2 46,979 26.54 3 Tarrant 5/27/1997 Texas City 2 2 2 1 1 45,099 58.96 6 Galveston 2/18/1998 Cedar Hill 2 2 3 1 1 45,028 74.23 3 Dallas 2/8/2000 San Marcos 5 5 5 5 5 44,894 46.32 7 Hays 10/2/2013 Haltom City 2 2 2 1 1 42,409 52.92 3 Tarrant 7/9/2001 Wylie 2 1 1 1 1 41,427 38.33 3 Collin 5/12/2009 Keller 5 1 1 1 1 39,627 15.63 3 Tarrant 1/1/2006 Coppell 1 2 2 1 1 38,659 33.94 3 Dallas 1/1/1999 Huntsville 2 2 2 2 2 38,548 46.72 6 Walker 10/27/1987 Duncanville 2 2 2 1 1 38,524 67.65 3 Dallas 6/19/1989 Sherman 2 2 2 1 1 38,521 36.60 3 Grayson 11/8/1993 Rockwall 2 1 5 1 1 37,490 27.28 3 Rockwall 4/16/2007 Hurst 5 1 2 1 1 37,337 30.68 3 Tarrant 12/13/1994 Burleson 2 2 2 1 1 36,690 16.78 3 Johnson 9/8/1994 Texarkana 5 4 4 1 1 36,411 46.87 4 Bowie 8/23/2004 Lancaster 2 2 2 1 1 36,361 87.10 3 Dallas 1/1/1994 The Colony 2 2 2 1 1 36,328 38.06 3 Denton 9/17/1990 Friendswood 5 1 1 1 1 35,805 22.54 6 Galveston 11/1/1999 Weslaco 5 1 1 1 1 35,670 86.68 11 Hidalgo 6/2/1987 Del Rio 5 2 5 2 2 35,591 86,24 8 Val Verde 3/9/2004 Lufkin 5 5 5 5 5 35,067 54.29 5 Angelina 4/2/2013 La Porte 2 2 2 2 2 33,800 38.46 6 Harris 3/26/1990 Nacogdoches 5 5 5 5 1 32,996 48.83 5 Nacogdoches 4/15/2008 Copperas Cove 5 5 5 5 5 32,032 41.76 7 Coryeli 11/2/2004 Socorro 5 5 5 5 5 32,013 97.95 10 El Paso 12/7/2006 Deer Park 5 1 1 1 1 32,010 30.47 6 Harris 3/5/1996 Schertz 1 2 4 2 4 31,465 39.45 8 Guadalupe 11/6/2001 Rosenberg 5 5 5 1 5 30,618 75.15 6 Fort Bend 4/5/2011 Cleburne 5 1 2 1 1 29,337 33.85 3 Johnson 2/26/2002 Farmers Branch 1 1 2 2 1 28,616 55.80 3 Dallas 2/2/1987 Big Spring 4 4 4 1 1 27,282 53.30 9 Howard 9/12/2006 Lake Jackson 4 1 4 1 4 26,849 30.31 6 Brazoria 11/21/2005 Harker Heights 5 1 1 1 1 26,700 47.02 7 Bell 3/26/1992 Southlake 5 5 5 5 5 26,575 16.00 3 Tarrant 4/17/2007 Leander 5 5 5 1 1 26,521 34.17 7 Williamson 3/1/2001 Eagle Pass 5 5 5 5 5 26,248 96.37 8 Maverick 9/28/2010 Kingsville 5 1 2 1 1 26,213 78.93 11 Kleberg 2/8/1993 Greenville 5 2 3 3 3 25,557 42.30 3 Hunt 6/22/1999 Seguin 2 2 2 1 1 25,175 64.47 8 Guadalupe 9/20/2005 http://shs©rdinances.uh.edu/MuniList.aspx 2/11/2014 Texas Munipalities with SHS Ordinances Page 3 of 5 4 4 2 2 2 25,171 36.20 4 Lamar 6/13/1994 San Benito 5 1 1 1 1 24,250 91.41 11 Cameron 11/9/1995 Alvin 5 1 5 1 5 24,236 41.33 6 Brazoria 1/11/2001 Corsicana 2 2 4 4 4 23,770 54.96 3 Navarro 12/2/2008 Balch Springs 5 1 2 1 1 23,728 72.28 3 Dallas 6/23/2003 Marshall 5 5 5 5 5 23,523 57.39 4 Harrison 6/28/2007 Watauga 5 1 1 1 1 23,497 33.57 3 Tarrant 2/24/1997 University Park 5 5 5 5 5 23,068 9.00 3 Dallas 2/16/2010 Colleyville 2 2 2 1 1 22,807 15.09 3 Tarrant 4/18/1989 Denison 2 2 2 1 1 22,682 23.02 3 Grayson 2/4/2002 Kerrville 3 3 4 5 5 22,347 32.36 8 Kerr 6/10/2008 Plainview 5 1 1 1 1 22,194 66.15 1 Hale 9/10/1991 Benbrook 5 5 5 5 5 21,234 20.26 3 Tarrant 2/1/2007 Sachse 5 1 1 1 1 20,329 36.28 3 Dallas 4/17/1995 Corinth 5 2 2 1 1 19,935 22.93 3 Denton 2/18/1993 Brownwood 5 1 1 1 1 19,288 32.88 2 Brown 7/8/2003 Alice 5 1 1 1 1 19,104 86.68 11 Jim Wells 7/19/1999 Angleton 5 1 5 1 5 18,862 45.51 6 Brazoria 12/19/2006 Palestine 5 5 5 1 5 18,712 47.73 4 Anderson 10/26/2009 Dickinson 5 1 1 1 1 18,680 47.70 6 Galveston 6/28/1994 Orange 2 1 1 1 1 18,595 41.83 5 Orange 5/25/1993 Ennis 5 5 5 5 5 18,513 55.80 3 Ellis 6/21/2010 Alamo 5 1 1 1 1 18,353 85.17 11 Hidalgo 1/20/1998 Belton 2 2 2 2 2 18,216 40.62 7 Bell 10/26/1993 Midlothian 3 1 3 3 3 18,037 21.16 3 Ellis 5/8/2007 Pampa 2 1 1 1 1 17,994 31.58 1 Gray 3/26/1991 Murphy 1 1 3 3 3 17,708 45.13 3 Collin 5/3/1999 Stafford 5 3 5 5 5 17,693 77.55 6 Fort Bend 2/6/2013 Bay City 5 1 1 1 1 17,614 60.88 6 Matagorda 10/16/1992 Stephenville 5 1 1 1 1 17,123 20.38 3 Erath 3/1/1994 South Houston 2 1 1 1 1 16,983 90.10 6 Harris 7/5/2005 Bellaire 5 1 1 1 1 16,855 27.37 6 Harris 4/1/1996 Mineral Wells 1 1 2 1 1 16,788 36.19 3 Palo Pinto 1/1/1999 White Settlement 2 2 3 1 1 16,116 33.48 3 Tarrant 2/28/2012 Terrell 2 1 2 1 1 15,816 55.08 3 Kaufman 11/16/1999 Brenham 5 1 5 2 5 15,716 41.55 7 Washington 4/19/2007 Mount Pleasant 2 1 1 1 1 15,564 67.32 4 Titus 3/1/1994 Sulphur Springs 2 2 2 2 2 15,449 31.56 4 Hopkins 12/2/1997 Portland 5 5 5 1 1 15,099 39.87 11 San Patriclo 10/3/2006 Highland Village 5 5 5 5 5 15,056 14.14 3 Denton 4/12/2011 West University 4 4 4 4 4 14,787 18.40 6 Harris 2/8/1999 Place Forney 2 2 3 1 1 14,661 28.78 3 Kaufman 9/7/1993 Jacksonville 5 5 5 1 1 14,544 58.54 4 Cherokee 2/21/2012 Katy 2 1 1 1 1 14,102 37.21 6 Harris 10/28/1996 Rio Grande City 5 2 5 2 1 13,834 95.28 11 Starr 5/5/2011. Henderson 1 1 2 1 1 13,712 43.76 4 Rusk 4/11/1989 Hewitt 3 3 3 1 3 13,549 27.82 7 McLennan 8/16/2010 Canyon 5 1 1 1 1 13,303 21.16 1 Randall 3/5/1992 Live Oak 5 1 1 1 1 13,131 54.52 8 Bexar 9/3/1994 Addison 2 2 2 1 1 13,056 46.45 3 Dallas 3/22/1988 Kilgore 3 5 5 5 4 12,975 36.21 4 Gregg 6/9/2009 Crowley 2 1 1 1 1 12,838 32.34 2 Tarrant 3/19/1992 Athens 5 5 5 1 1 12,710 46.22 4 Henderson 4/23/2012 Lockhart 5 1 1 1 1 12,698 61.59 7 Caldwell 2/1/1994 Forest Hill 5 2 2 3 3 12,355 88.34 3 Tarrant 4/21/2009 Alton 5 5 5 5 5 12,341 93.87 11 Hidalgo 12/18/2007 Port Lavaca 5 1 1 1 1 12,248 67.23 8 Calhoun 8/11/1997 Santa Fe 4 4 4 1 1 12,222 13.60 6 Galveston 9/8/2005 Seabrook 5 1 5 1 1 11,952 24.72 6 Harris 11/20/2007 Lumberton 2 1 2 1 1 11,943 7.09 5 Hardin 4/12/1993 El Campo 5 1 1 1 1 11,602 58.40 6 Wharton 5/9/1995 Lakeway 2 2 2 1 1 11,391 13.24 7 Travis 2/21/2006 Glenn Heights 2 2 2 1 1 11,278 74.78 3 Dallas 4/3/1995 Clute 5 1 1 1 1 11,211 65.44 6 Brazoria 3/22/2007 Andrews 5 1 1 1 1 11,088 54.00 9 Andrews 6/24/2003 http://shsordinances.uh.edu/MuniList.aspx 2/11/2014 Texas Munipalities with SHS Ordinances Page 4 of 5 Vernon 5 5 5 5 5 11,002 40.61 2 Wilbarger 5/13/2006 Azle 5 1 2 1 1 10,947 11.81 3 Tarrant 11/20/2001 Vidor 5 1 1 1 1 10,579 7.40 5 Orange 11/29/1994 Fredericksburg 5 5 5 1 1 10,530 23.26 8 Gillespie 11/7/2002 Robinson 5 5 5 5 5 10,509 19.81 7 McLennan 11/11/2008 Boerne 2 5 5 1 5 10,471 25.44 8 Kendall 6/14/2011 Webster 5 4 4 1 2 10,400 54.21 6 Harris 7/5/1994 Leon Valley 2 2 2 1 1 10,151 64.88 8 Bexar 11/18/2008 Bellmead 2 1 2 1 1 9,901 57.54 7 McLennan 3/12/1996 Wharton 2 1 1 1 1 8,832 68.10 6 Wharton 7/8/1996 Pecos 5 1 1 1 1 8,780 86.21 9 Reeves 5/11/1995 Rockport 2 2 2 2 1 8,766 25.98 11 Aransas 3/23/1993 Highland Park 5 1 4 1 4 8,564 8.43 3 Dallas 3/26/2007 Woodway 5 5 5 1 5 8,452 13.26 7 McLennan 6/14/2004 Fort Stockton 5 1 3 3 3 8,283 77.29 9 Pecos 11/22/2005 Aransas Pass 5 1 1 1 1 8,204 45.49 11 San Patricio 10/20/2003 Elgin 5 1 1 1 1 8,135 64.73 7 Bastrop 9/16/1997 Kirby 5 1 1 1 1 8,000 70.23 8 Bexar 1/1/2001 Granbury 5 5 5 5 5 7,978 11.88 3 Hood 10/21/2008 Bridge City 2 2 2 1 1 7,840 10.94 5 Orange 3/2/1993 Whitehouse 5 1 1 1 1 7,660 14.70 4 Smith 1/26/1993 Jersey Village 2 1 1 1 1 7,620 33.12 6 Harris 12/15/2003 River Oaks 2 1 1 1 1 7,427 51.18 3 Tarrant 11/27/2007 Bastrop 1 1 2 1 1 7,218 39.73 7 Bastrop 1/1/1988 Monahans 2 1 1 1 1 6,953 58.41 9 Ward 5/24/1998 Crockett 5 3 5 3 3 6,950 60.98 5 Houston 8/7/2006 Cuero 5 1 1 1 1 6,841 57.07 8 DeWitt 11/2/2006 Carthage 5 1 1 1 1 6,779 34.53 4 Panola 6/24/1996 Kennedale 5 1 1 1 1 6,763 26.44 3 Tarrant 10/12/1995 Kaufman 5 5 5 1 5 6,703 44.62 3 Kaufman 9/17/2007 Silsbee 2 1 1 1 1 6,611 36.38 5 Hardin 11/12/1985 Lacy-Lakeview 5 1 1 1 1 6,489 46.79 7 McLennan 11/12/2002 Littlefield 5 1 1 1 1 6,372 61.41 1 Lamb 2/11/1993 Everman 5 1 1 1 1 6,108 73.98 3 Tarrant 3/13/2007 Childress 4 1 1 1 1 6,105 43.19 1 Childress 9/1/1999 Sealy 2 1 2 1 1 6,019 52.27 6 Austin 4/12/2006 Marlin 4 1 1 1 1 5,967 70.15 7 Falls 7/11/1995 Alpine 5 1 1 5 5 5,905 54.78 10 Brewster 7/12/2010 Yoakum 5 5 5 1 5 5,815 55.06 8 Lavaca 5/12/2007 Kermit 5 1 1 1 1 5,708 62.70 9 Winkler 5/16/2005 Atlanta 1 1 1 1 1 5,675 36.78 4 Cass 7/2/2007 Edna 1 1 2 1 2 5,499 49.81 8 Jackson 10/20/1993 Wake Village 5 4 4 2 4 5,492 34.07 4 Bowie 4/10/2006 Post 5 1 1 1 1 5,376 59.51 1 Garza 2/22/1999 Windcrest 5 1 1 1 1 5,364 42.52 8 Bexar 3/20/2000 Bowie 5 1 1 1 1 5,218 14.12 2 Montague 11/6/2007 Center 5 1 1 1 1 5,193 60.91 5 Shelby 8/8/1994 Muleshoe 5 1 1 1 1 5,158 66.34 1 Bailey 2/1/1997 Falfurrias 5 1 1 1 1 4,981 92.97 11 Brooks 7/26/2002 Tulia 5 1 1 1 1 4,967 56.71 1 Swisher 7/9/2002 Gilmer 1 1 2 1 1 4,905 28.01 4 Upshur 12/11/1990 Lindale 5 1 1 1 1 4,818 20.28 4 Smith 4/14/1998 Diboll 5 1 1 1 1 4,776 68.22 5 Angelina 1/13/1997 Mineola 5 1 1 1 1 4,515 30.43 4 Wood 6/25/2001 Jacksboro 5 1 2 1 2 4,511 28.51 2 Jack 8/28/2001 Hearne 2 1 1 1 1 4,459 79.48 7 Robertson 8/14/1995 Madisonville 2 1 1 1 1 4,396 61.85 7 Madison 6/10/1991 Magnolia 2 2 1 1 1 4,396 62.08 6 Montgomery 7/9/1993 Dlmmitt 2 1 1 1 1 4,393 72.37 1 Castro 2/19/1996 Caldwell 5 5 5 1 5 4,104 41.42 7 Burleson 4/14/2007 West Columbia 2 1 1 1 1 3,905 41.43 6 Brazoria 1/4/1993 Mont Belvieu 5 1 1 1 1 3,835 17.78 6 Chambers 3/9/1992 Spring Valley 5 5 5 5 5 3,715 14.86 6 Harris 11/14/2006 Taylor Lake Village 5 1 1 1 1 3,544 14.62 6 Harris 4/6/1994 Horseshoe Bay 5 5 5 5 5 3,418 11.61 7 Llano 8/25/2009 Haskell 5 1 1 1 1 3,322 33.99 2 Haskell 2/9/1993 http://shsordinances.uh.edu/MuniList.aspx 2/11/2014 Texas Munipalities with SHS Ordinances Page 5 of 5 2 1 1 1 1 3,285 59.76 4 Red River 8/19/1997 Llano 5 5 1 1 1 3,232 15.35 7 Llano 9/16/1991 Henrietta 2 1 1 1 1 3,141 7.70 2 Clay 5/13/1991 Hamilton 5 1 1 1 1 3,095 10.73 7 Hamilton 8/12/1993 West Lake Hills 4 4 5 1 1 3,063 9.53 7 Travis 9/8/1993 Oak Ridge North 5 1 1 1 1 3,049 14,17 6 Montgomery 8/18/1993 Floydada 5 1 1 1 1 3,038 66,19 1 Floyd 3/23/1995 Brazoria 2 1 1 1 1 3,019 29.55 6 Brazoria 9/13/1994 Refugio 2 2 2 1 1 2,890 64.33 11 Refugio 4/9/1991 Needville 2 1 1 1 1 2,823 36.66 6 Fort Bend 2/10/1997 South Padre Island 5 5 5 1 1 2,816 32.78 11 Cameron 9/1/2010 West 2 1 1 1 1 2,807 18.60 7 McLennan 12/6/1994 Quanah 5 1 1 1 1 2,641 29.50 2 Hardeman 8/15/1995 Daingerfield 2 1 1 1 1 2,560 43.95 4 Morris 2/28/2000 Panhandle 5 1 1 1 1 2,452 12.48 1 Carson 7/30/1998 George West 2 2 2 1 1 2,445 52.27 11 Live Oak 8/19/1996 Glen Rose 5 1 2 1 2 2,444 23.53 3 Somervell 7/12/1994 Memphis 5 1 1 1 1 2,290 42.58 1 Hall 3/6/1997 Waskom 2 2 3 2 2 2,160 34.81 4 Harrison 1/5/1988 Jefferson 2 1 1 1 1 2,106 41.88 4 Marion 11/18/1996 Jones Creek 5 1 1 1 1 2,020 31.19 6 Brazoria 11/1/1995 Beverly Hills 2 2 2 2 2 1,995 69.72 7 McLennan 9/26/1991 Marfa 2 1 1 1 1 1,981 69.96 10 Presidio 10/24/1996 Troup 2 2 2 1 1 1,869 35.31 4 Smith 12/6/1990 Kemah 2 2 2 2 2 1,773 29.89 6 Galveston 4/14/2005 Humble 5 5 5 1 5 1,760 26.76 6 Harris 2/23/2012. Arcola 5 1 1 1 1 1,642 92.20 6 Fort Bend 6/1/1999 Lone Star 5 1 1 1 1 1,581 39.91 4 Morris 5/24/2001 Roman Forest 5 1 1 1 1 1,538 14,56 6 Montgomery 4/18/2002 Meridian 2 1 1 1 1 1,493 37.24 7 Bosque 7/13/1998 Rollingwood 5 4 5 1 1 1,412 11.26 7 Travis 3/21/2001 Moody 3 1 3 1 1 1,371 29.39 7 McLennan 6/4/2002 Emory 5 1 1 1 1 1,239 15.90 4 Rains 11/14/1995 Clear Lake Shores 2 1 1 1 1 1,063 10.35 6 Galveston 1/24/1997 Tomball 2 2 2 1 1 1,045 9.28 6 Harris 1/1/1978 Lakeport 5 1 1 1 1 974 69,71 4 Gregg 12/18/1998 Mertron 5 1 1 1 1 781 38.92 9 Irian 12/6/1993 Beasley 5 1 1 1 1 641 59.91 6 Fort Bend 3/19/1992 Montgomery 5 1 1 1 1 621 42.03 6 Montgomery 11/3/1997 Orchard 1 1 2 1 1 352 41.76 6 Fort Bend 8/15/1984 Richland Hills 2 1 1 1 1 338 15.68 3 Tarrant 9/11/2007 100% Smoke Free (5) - No smoking allowed in a particular setting; Moderate (4) - Designated smoking areas are allowed if separately ventilated; Mixed (3) - Coverage is partial due to exceptions, ambiguities, or legal issues; Limited (2) Designated smoking areas allowed or required; No Coverage (1) - No restrictions on smoking. Minor exceptions may exist. Notes:Only known ordinances with SHS provisions In the settings listed above are included.Population data is derived from the most recent Estimated Census and Minority%is derived from the 2000 Census.For descriptions of items reported and the rating criteria,please visit the Methods section of this website.This analysis is for research and evaluation purposes; it is not intended to be a legal opinion. This site is partially funded by Contract#2013-042091 from the Texas Department of State Health Services(T©SHS)to University of Houston Law Center. Last Updated; April 2013 Email Patricia Gray with questions or comments about this website. http://shsordinances.uh.edu/MuniList.aspx 2/11/2014 UK - HNETS Texas Smoke-free Ordinance Database Report Page 1 of 1 Summary of Protection Level by Setting, Setting Details, and Enforcement and Penalties in Texas SHS Ordinances, Statewide (n = 273) 02-06-2014 !t T REAM R4r+POfty PROTECTION LEVEL : r, ., , lr ,si:'z t£ti k:' ycv; �.., ., rp,;;. iY.�s•' .,,f " t J.` , e ".,.x,v'A! k ,,„...,i..:k iui;.k :": Yr'3\b••�� ...}t,.}h P r�r sr�#}1 �j,:•tt(,i,rt},t t3(s4J#•<.j ss)r'~a'3 t,. &.s}r}e3 SiYt„{i#,tl'u0�1}73,47;.ari•,,,}1J9s.. .�N.£t �).. �t� po1SS.„^e�I{I .,��5 h [.}�'$df#, x J,,)$i1;!S.YSSt}., t,s,r}t1j,4,,( j "'r,",®(('r° 4"dn '{t�:: Y ls. a,'rr;a kU t`tk111iY.i t'Y3�Y ttig`is its `S W�sa�#i > Al� k1`�S}s 3 )"t "a,'a8 @a1Ytl23kr � .,S rd f ,i Nt.,'i fin..�1'i�.?y��a e.to-`l,l v.A•�:'^.�'1 ,Y AgiA . J ,t#. r > V� t aY+,14`�,' s t'�`a e ., Al X�i 100% No Coverage Limited Mixed Moderate Smoke Free N We N % N % N % N % Municipal Worksites 15 5 78 29 8 3 11 4 161 59 Private Sector Worksites 138 51 49 18 8 3 11 4 67 25 Restaurants 100 37 61 22 13 5 18 7 81 30 Bars—In Restaurants 169 62 22 8 10 4 11 4 61 22 Bars—Not in Restaurants 192 70 23 8 11 4 5 2 42 15 100%Smoke Free(5)-No smoking allowed In a particular setting;Moderate(4)-Designated smoking areas are allowed it separately ventilated; Mixed(3)-Coverage is partial due to e•cpprinnc,Amhig„itioc,or lwrjal Issues; Limited(2)-Designated smoking areas allowed or required;No Coverage(1)-No restrictions on smoking,Minor exceptions may exist. SETTING DETAIL ar st ;.y \s£•k {jrf,f;<, 3 'Xst n.,.�,o i £;,,',t!'YaSS.s�,rs , i'-a,£w@j Yr#'v.;.'l .�k✓,� �g_..... s ti,. .;vF'a,t,{')>}yr >.�;,.rg.:<t,, 2 },"pi } �'}�gt %1144 .'�h.y.y 1.Z{s;'f�.{}3 , ..'ad}`, JI{s� fti r1' .f rrt .r. .r. 2 ,Y, ` =4 .�s} \#11,nj't ,{ �P itljf r;i{it,7f4,,7t. , t� of S4 �j s1�s7 ,Sit at�.�¢�tr7,,., ;�,� �s�k{; 3 � �� 1��,�: �,:$x � =rt �.�{ t>f ':� t��,, }�� y .r4,., tis ; n�z,:.�,. :� })r,� .,i ; M @@ , i l.;ld,�$f#tr ikhi l 4,04, i i !; 1 i ,ti d �,,,, , 't i 14 i s}Ili,, 0 �tii"t i'£:.ss��w,usa�� ��Ua�s� ii}u.fr�uF�t�u'e� �S��U�Swr,'dY?�#�{:,ts"��f1��t�� b�`�.'1��,('�u`�, t��:.. ` .'�" �m&�rc�tnn� �lg l�4{,:LsrtnY#rrtirSw;���uut,�.hsad�.rs�:��ier,a,rob,!,{tt�x 7Y�tN'D:m.�a ab „r aw�+,;w.§ N Sto N % Bars Defined by % of Sales of Alcohol 26 10 54 20 Age Restriction 11 4 18 7 In the above groupings,if bars are specifically stated,but no distinction is made between bars located in restaurants and/or those not in restaurants, it is assumed that restrictions and/or exemptions apply equally to both. In the groupings below,the variables are independently scored; no grouping totals should be inferred. a. r.�.rt r,rsu.r. rrs.n.�n.r, , v.,, r�.,�,.!ss"".i ,.�+,.. kx�:,,. +o r rmarnssrvia xse.s:n ri'x,;:r nr.x. f 1 t 1 .p .F'4 Xs.,. f .X +t•Y.�'. S� 7'd ti""41 aP tt1 a£S" , ,.$ ,,.g,,,s: .� ''.;Y"',;Jvr f.. c..e S5r '.Ds,, cn,Ys7 iA Y,,.,S,.., t4.Y srv€ ,"k. 4i „'X}„45st(i. .r.YM4"F. {k.�.,r7h„}}?{ll{}4 j t{q{j...£{.�F,f#{;r$tn�, Yt�Xtl s'�,<h`{< �?{ f Yr}rr rY,27 ks c ..�k $t. , ...,�`r�, .s{3,rftrr,l '7.,, ":"?l�,t,t �i Fr h}�Yrm`}.,.tr�i?�,,�{s�i�,,S;ttn� l} t. �X s� t ,Yr�k1 t fry ,t,� r,�t� .,rt.?r"st£� ti��,t((,,�,1� s'£ �,t, "b r ,1 r1}" ... t•,,r nr=tr:.t,, 1 zz`,t t11;}{?„1 t } .ta!f fsaYtr. ,., ri'.SS''t}.a , rkf{..a,rtr t, ,y,,t}11.4fvt,,,}i{., ,a. X„} � �+E` �ygA vt .k�.a.�,�� ,,s#,{ttfl} rr.,,,{�{J�.?i, ,„�k ( � t�}(f�{it,ri z . }1r,J t4 #s tf t,..St a..t}',�yM,��y�^f?I bl:s��,r}�t�j#,S ,t, rI}/� �p p� t.E t?�r.,�*�a "'uV ���t�.,�'�+s �'�i� I�tll.�L§.dn'dT��fll�isSit U��S��1S�;tSY'�GU�X't-aS{{�}I!���,ta�{'.1�y''>llllt�tX���kSk��{F+bS�'�'� �f�LfU#e,:�.auf.;s•: .w>. � awwd��6S4auttat�5tttt�U tt'..�ub�24}stew"�.'quT.s�".�a�..�n..um,Aus�GA ,Atcft.�S`��.a a,sS2��kiv,'fA� U7� Exemption _. N % N % N 'gym for 27 10 Exemption for Minimum 8 3 4 1 Minimum Seating Number of Employees Signage 160 59 Non-retaliation 47 17 44 16 t; �i{ o { l5{ �u �F � � I Non-smoker's Rights 20 7 20 7 s .. i 1m , 5 Sss J tnuu Gi y Sk .. Exempt 17 6 Written Policy 62 23 65 24 Restriction 94 34 Signage 217 79 119 44_ i ENFORCEMENT AND PENALTIES ,,, rSrt,r tft S�'r t t t '{' "ct x .... ,..;,.r '.{e� , u . �! tf s€tt}��t;}•i{tP l>,t}7�r:'A,=,�Iligr} f('i <}},,,"t. , Y,�,,"' r ,�li ., 11411.1 1 4 t k �s' •; s,.w � :a . . VM Tt�i�rz��sl�ltt�{}kJrf�,�snu�,��asvZt�:3�b.��f.�?�SArm��t�?d� �lE..�?.b�„v,.r£ $@a:'v:&. ,SwF+m�ri,r...,�,�ui� �'�o$4�SY�� ,�.u„w,�rlr4��a;-; �,,.>d,�A•nu�`�.tu�;�,'� N °/a N % N W �. Enforcement Authority 195 71 Penalty166 61:. 246 90 —Law Officer 139 51 Fine 148 54 223 82 Fire Officer 37 14 Other 99 36 139— 51 Health Official o�m�_., 36 13 13 Loss... ..�. � -. , , . .., of License 9 3 N/A N/A Other City Official 62 23 Violation Notice 7 3 Business Representative 29 11 Criminal Charge 79 29 125 46 Private Individual 39 14 Other 273 100 Notes:Only known ordinances with SHS provisions in the settings listed above are included,Population data is derived from the most recent Estimated Census and Minority%is derived from the 2000 Census.For descriptions of items reported and the rating criteria,please visit the Methods section of this website.This analysis is for research and evaluation purposes; It is not intended to be a legal opinion. This site is partially funded by Contract*2013-042091 from the Texas Department of State Health Services(T©SHS)to University of Houston Law Center, Last Updated:April 2013 Email Patricia Gray with questions or comments about this website. http://shsordinances.uh.edu/restrSummary l.aspx 2/6/2014