Public Services July 3, 2018

Transcription

1 UPDATED JULY 27, 2018 MURPHY CITY COUNCIL AGENDA WORK SESSION MEETING AT 5:00 PM REGULAR CITY COUNCIL MEETING AT 6:00 PM TUESDAY, JULY 3, 2018 COUNCIL CHAMBERS 206 NORTH MURPHY ROAD MURPHY, TEXAS Scott Bradley Mayor Jennifer Berthiaume Mayor Pro Tem Sarah Fincanon Deputy Mayor Pro Tem Owais Siddiqui Council Member Chris George Council Member Betty Spraggins Council Member Don Reilly Council Member Mike Castro City Manager Susie Quinn City Secretary NOTICE is hereby given of a meeting of the City Council of the City of Murphy, Collin County, State of Texas, to be held on Tuesday, July 3, 2018, at Murphy City Hall for the purpose of considering the following items. The City Council reserves the right to meet in Executive Session closed to the public at any time in the course of this meeting to discuss matters listed on the agenda, as authorized by the Texas Open Meetings Act, Texas Government Code, Chapter 551, including (private consultation with the attorney for the City); (discussing purchase, exchange, lease or value of real property); (discussing personnel or to hear complaints against personnel); and (discussing economic development negotiations). Any decision held on such matters will be taken or conducted in Open Session following the conclusion of the Executive Session. Pursuant to Section , Texas Government Code, one or more Councilmembers may attend this meeting remotely using video conferencing technology. The video and audio feed of the video conferencing equipment can be viewed and heard by the public at the address posted above as the location of the meeting. A quorum will be physically present at the posted meeting location of City Hall. 1. CALL WORK SESSION TO ORDER AT 5:00 PM 2. ROLL CALL AND CERTIFICATION OF A QUORUM FOR WORK SESSION 3. DISCUSSION ITEM A. Discuss, consider and/or act upon the Storm Water Utility Rate Study criteria for the revisions and implementation of Murphy's existing Storm Water Fee Structure. Tim Rogers, Public Services Director Staff Report-(0389) - Pdf update Storm Water Utility Rate Study_ CALL REGULAR MEETING TO ORDER AT 6:00 PM 5. INVOCATION AND PLEDGE OF ALLEGIANCE 6. ROLL CALL AND CERTIFICATION OF A QUORUM 7. PUBLIC COMMENTS 8. PRESENTATIONS A. Presentation of the General Obligation (GO) Bond dashboard report for the month ending May 31, Ernie Bannister, CPA, Controller updated GO Bond Dashboard July CITY MANAGER/STAFF REPORTS A. Upcoming Events Mike Castro, PhD, City Manager Page 1 of 95

2 Staff Report-(0393) - Pdf 10. CONSENT AGENDA All consent agenda items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and voted on separately. A. Consider and/or act to approve the June 19, 2018, Regular Council meeting minutes. Susie Quinn, TRMC, City Secretary City Council - 19 Jun Regular Council Minutes B. Consider and/or act to approve the June 22, 2018, Budget Work Session meeting minutes. Susie Quinn, TRMC, City Secretary City Council - 22 Jun Budget Work Session Minutes 11. INDIVIDUAL CONSIDERATION A. Consider and/or act upon approval of Ordinance Number amending Chapter 24, Buildings and Building Regulations of the Murphy Code of Ordinances related to Unattended Donation/ Collection Boxes. Jared Mayfield, AICP, Director of Community & Economic Development Staff Report-(0390) - Pdf updated item 11A Presentation B. Consider and/or act upon approval of Ordinance Number authorizing the issuance of City of Murphy, Texas, Tax Note Series 2018 in the par amount of $1,085,000 for (i) security system improvements to municipal buildings and facilities, (ii) the purchase of equipment and machinery relating to information technology, computer networks and audiovisual systems of the City, and (iii) the costs of professional services rendered in connection therewith and the financing thereof. Karen L. Montgomery, CPA, Finance Director and Jason Hughes, Managing Director, Hilltop Securities Staff Report-(0385) - Pdf C. Consider and/or act upon approval of Resolution Number 18-R-884 authorizing the City Council to appoint Weaver and Tidwell, LLP to perform the annual audit for FY18 FY22 and authorizing the City Manager to enter into a contract for services. Ernie Bannister, CPA, Controller</span> Staff Report-(0387) - Pdf D. Consider and/or act upon approval of Resolution Number 18-R-885 authorizing the City Manager to execute a contract renewal effective September 1, 2018 with Brinson Benefits for benefits advisory services, FSA/HRA/COBRA administration and telemedicine services; Blue Cross Blue Shield Texas (BCBSTX) for group medical insurance; Ameritas for group dental insurance; VSP for group vision insurance; Cigna for long-term disability insurance; Alliance Work Partners for the Employee Assistance Program; and Dearborn National for basic life and AD&D insurance. Jana Traxler, MS, SPHR Human Resource Director Page 2 of 95

3 Staff Report-(0391) - Pdf E. Discuss, consider and/or act upon water conservation measures in an effort to avoid exceeding the water usage cap (1,404,775,000 gallons) as established by the North Texas Municipal Water District. Tim Rogers, Public Services Director Staff Report-(0388) - Pdf updated item 11E - FY2018 WATER CONSERVATION NTMWD (CAP) ADJOURNMENT I certify that this is a true and correct copy of the Murphy City Council Meeting Agenda and that this notice was posted on the designated bulletin board at Murphy City Hall, 206 North Murphy Road, Murphy, Texas 75094; a place convenient and readily accessible to the public at all times, and said notice was posted on Friday, June 29, 2018, by 5:00 p.m. and will remain posted continuously for 72 hours prior to the scheduled meeting pursuant to Chapter 551 of the Texas Government Code. Susie Quinn, TRMC City Secretary In compliance with the American with Disabilities Act, the City of Murphy will provide for reasonable accommodations for persons attending public meetings at City Hall. Requests for accommodations or interpretive services must be received at least 48 hours prior to the meeting. Please contact the City Secretary at or squinn@murphytx.org. Notice of Possible Quorum: There may be a quorum of the Animal Shelter Advisory Committee, the Board of Adjustment, the Building and Fire Code Appeals Board, the Ethics Review Commission, the Murphy Community Development Corporation, the Murphy Municipal Development District Board, the Park and Recreation Board and/or the Planning and Zoning Commission members who may be present at the meeting, but they will not deliberate on any city or board business. Page 3 of 95

4 Agenda Item 3. A. Public Services July 3, 2018 ISSUE: Discuss, consider and/or act upon the Storm Water Utility Rate Study criteria for the revisions and implementation of Murphy's existing Storm Water Fee Structure. STAFF RESOURCE/DEPARTMENT: Tim Rogers, Public Services Director SUMMARY: Currently Murphy has a flat rate storm water fee of $3 per each parcel of property. This work session will provide for discussion/direction for the criteria of revising our current storm water fee to a more equitable storm water user fee. FINANCIAL CONSIDERATIONS: The current storm water fee is a flat rate of $3 per each parcel of property. Current revenues in the amount of approximately $224,000 annually is allocated for storm water related operations and capital projects. ACTION REQUIRED: Staff recommends council to consider and/or act upon the Storm Water Utility Rate Study criteria for the revisions and implementation of Murphy's existing Storm Water Fee Structure. BACKGROUND/HISTORY: The current storm water fee is a flat rate of $3 per each parcel of property. Current revenues in the amount of approximately $224,000 annually is allocated for storm water related operations and capital projects. Page 4 of 95

5 Agenda Item 3. A. 7/03/2018 STORM WATER UTILITY RATE STUDY TIM ROGERS, DIRECTOR OF PUBLIC SERVICES 107/03/2018 PRESENT Flat Rate $3.00 Per parcel $224,000 per year No designated plan (Stormwater Fund) Budget identification for the FY2019 Stormwater Fund Storm Water Utility Rate Study Birkhoff, Hendricks & Carter, L.L.P. (initiated) Preliminary meeting 07/03/ Page 5 of 95

6 Agenda Item 3. A. 7/03/2018 DISCUSSION Category breakdown of parcels: Residential Users 1. Single Family Residential (for lots less than one acre. No house or lot size differentiation; no credit or penalty for lot impervious coverage. All SF Lots treated uniformly the same) 2. Rural Residential (for one acre lots and larger; again, no house size differentiation; no credit or penalty for lot impervious coverage. All RR Lots treated uniformly the same ) 3. High Density Residential (for townhome style lots) Non residential Users: category for all non residential uses. All non residential uses treated equally; with all land within the development included in the fee calculation. No separate breakdown for impervious cover calculation or developed areas. 07/03/ DISCUSSION Users that may be excluded from storm water fees: Public and Semi Public facilities Churches Public Schools (may be exempted) Parks Undeveloped Land 07/03/ Page 6 of 95

7 Agenda Item 3. A. 7/03/2018 DISCUSSION Storm Water Utility Rate Structure Fee Credit: Yes; it requires: Best Management Practices (BMP s) Admisitrative/Application Process Engineer Review Inspections 07/03/ ACTION ITEMS Category breakdown Exclusions Credits 07/03/ Page 7 of 95

8 Agenda Item 3. A. 7/03/2018 NEXT STEPS Complete Storm Water Utility Rate Study Present to council for decision (staff recommendation) Implement new storm water utility rate (when) 807/03/ Page 8 of 95

9 Agenda Item 8. A. 7/27/ GO Bond Dashboard Financial Update July 3, GO Bond Highlights Current Budget now reflects the budget amendment passed on April 17. $407,408 or 3.1% of budget expended through May. Second bond sale August 2020 $8,571, Page 9 of 95

10 Agenda Item 8. A. 7/27/ GO Bond Bank Account Balances 1/31/2018 2/28/2018 3/31/2018 4/30/2018 5/31/2018 Bank Balances Series 09 GO Balance 398, , , , ,324 Series 18 GO Balance 13,075,788 13,080,186 13,084,905 13,089,553 Total in Bank Account XXXXXX ,786 13,474,696 13,479,229 13,484,088 13,488,877 * GO Sale closed February 15th with a net deposit of $13,073, GO Bond Revenues & Expenditures May 2018 Month to Date Fund Revenues Year to Date Fund Revenues Last Year Current Year % Variance Budget Current Year Last Year % Variance May 17 May 18 FY18 May 18 FY17 Revenue $ 12,770,000 $ N/A Bond Proceeds 12,770,000 $ 12,770,000 $ $ N/A N/A 553,225 N/A Bond Premium 553, ,225 $ 13,323,225 $ N/A Total 13,323,225 $ 13,323,225 $ $ N/A Month to Date Gen Fund Expenditures Year to Date Gen Fund Expenditures Last Year Current Year % Variance Budget Current Year Last Year % Actual Spent YTD May 17 May 18 FY18 May 18 FY17 Expenditures $ 410 $ N/A Fire/Police Boiler/Chiller/AC 725,234 $ 410 $ $ 0.1% 0.0% N/A Recreation HVAC 55,943 8,857 N/A Street Panel Replacement 2,693,363 19, % 13,857 N/A Waters Edge Park Drainage 443,457 26, % 10,485 N/A South Murphy Rd. 180,898 15, % 11,656 N/A McWhirter Rd. Drainage 310,110 15, % N/A Heritage Pkwy Landscape 1,033, % 366 N/A Betsy/N. Murphy/McCreary 1,033,700 2, % N/A City Facility Renovation 1,207, % 5,300 N/A Waters Edge Renovation 876,690 5, % 402 N/A Parks & Rec. Storage Facility 464, % 384 N/A MAC and Central Park 773, % 5,180 N/A Timbers Addition Drainage 730,213 9, % N/A Lonesome Dove Trail Drainage 171, % 40,916 N/A N. Maxwell Creek Rd. Improv 1,782,822 44, % N/A S. Maxwell Creek Rd. Improv 304, % N/A City Marquee Signs Upgrades 0.0% 9,000 N/A N. Hill Park Phase III 116,296 9, % 6,700 N/A Travis Farm Park Phase II 170,679 7, % Bond Issue Cost 249, , % 113,514 Total 13,323, , % $ $ N/A $ $ $ Note net proceeds from GO Sale of $13,073,803 = Bond Proceeds + Bond Premium Bond Issue Costs 4 2 Page 10 of 95

11 Agenda Item 8. A. 7/27/2018 GO Bond Budget to Actual Budget to Actual Comparison as of May 2018 FY18 Budget May18 YTD Actual $14,000,000 $13,323,225 $12,000,000 $10,000,000 $8,683,608 $8,000,000 $6,000,000 $4,000,000 $2,654,824 $2,000,000 $0 $1,735,371 $407,408 $249,422 $249,492 $134,449 $559 $22,908 Roads, Drainage and Safety Recreation Public Parks and Bond Issue Costs Infrastructure 5 Questions 3 Page 11 of 95

12 Agenda Item 9. A. Administration July 3, 2018 ISSUE: Upcoming Events STAFF RESOURCE/DEPARTMENT: Mike Castro, PhD, City Manager BACKGROUND/HISTORY: Office Closure at City Hall - Wednesday, July 4, 2018, ALL offices will be closed at Murphy City Hall, the Murphy Community Center, and the Murphy Activity Center in honor of Independence Day. Closure of City Hall Entrance - Monday, July 9, 2018, the driving entrance into the City Hall complex will be closed for repairs through Sunday, July 22, to reopen on Monday, July 23, Low-cost Vaccine Clinic - Saturday, July 21, 2018, from 10:00 AM until 12:00 PM at the Animal Shelter facility (located behind the Community Center at 203 North Murphy Road, Murphy, Texas Page 12 of 95

13 Agenda Item 10. A. MURPHY CITY COUNCIL MINUTES REGULAR CITY COUNCIL MEETING JUNE 19, 2018 AT 6:00 PM COUNCIL CHAMBERS 206 NORTH MURPHY ROAD MURPHY, TEXAS CALL TO ORDER Mayor Scott Bradley called the Regular Meeting to order at 6:00 pm. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Scott Bradley gave the Invocation and led the Pledge of Allegiance. 3. ROLL CALL AND CERTIFICATION OF A QUORUM COUNCIL PRESENT: Mayor Scott Bradley Mayor Pro Tem Jennifer Berthiaume Deputy Mayor Pro Tem Sarah Fincanon Council Member Owais Siddiqui (via Skype) Council Member Don Reilly. COUNCIL ABSENT: Council Member Chris George Council Member Betty Nichols Spraggins 4. PUBLIC COMMENTS No Public Comments presented. 5. PRESENTATIONS A. Presentation of the winner of the Maize Day's T-shirt design contest. Special Events Coordinator Kayla McFarland presented this item. A total of thirteen (13) submissions were received which was narrowed down to the top three (3) designs. Council members were asked to select their favorite from those top three submissions. The winner of t-shirt design contest is Carleigh Corbett. She received a $ Visa gift card for her design, and the shirts will be worn at Maize Day. B. Proclamation for Park and Recreation Month. Matt Foster, Parks Superintendent Mayor Pro Tem Jennifer Berthiaume presented the Proclamation to the Park and Recreation Department; several employees were present. The Proclamation recognizes July as Park and Recreation Month. C. Presentation of the financial report for the month ending May 31, Ernie Bannister, CPA, Controller Controller Ernie Bannister presented this item. Page 13 of 95

14 Agenda Item 10. A. Page 2 of 6 City Council Regular Meeting Minutes June 19, 2018 D. Presentation of the General Obligation (GO) Bond dashboard report for the month ending May 31, Ernie Bannister, CPA, Controller and Kenneth Lee, Projects Manager Project Manager Kenneth Lee presented a monthly update on this item. A Public Outreach meeting at Water's Edge Park is scheduled for Saturday, June 30 at 9:30 am. 6. CITY MANAGER/STAFF REPORTS A. Upcoming Events SUMMARY: Sounds at Sundown - Friday, June 22, 2018, from 7:00 PM until 10:00 PM (band plays from 8 to 10 PM - The Molly Ringwalds), Food Trucks on-site - Murphy Central Park North Murphy Road, Murphy, Texas Sounds at Sundown - Friday, June 29, 2018, from 7:00 PM until 10:00 PM (band plays from 8 to 10 PM - Emerald City Band), Food Trucks on-site - Murphy Central Park North Murphy Road, Murphy, Texas Closure of City Hall Entrance - Monday, July 9, 2018, the driving entrance into the City Hall complex will be closed for repairs through Sunday, July 22, to reopen on Monday, July 23, Low-Cost Vaccine Clinic - Saturday, July 21, 2018, from 10:00 AM until 12:00 PM at the Animal Shelter facility (located behind the Community Center at 203 North Murphy Road, Murphy, Texas Staff participated in an Emergency Operations Management Exercise this morning, Tuesday, June 19, A representative from the State along with Murphy CERT members was involved in the exercise as well. 7. CONSENT AGENDA All consent agenda items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and voted on separately. A. Consider and/or act to approve the June 5, 2018, Regular Council meeting minutes. Susie Quinn, City Secretary COUNCIL ACTION: (Item 7.A.) APPROVED ON CONSENT AGENDA Page 14 of 95

15 Agenda Item 10. A. Page 3 of 6 City Council Regular Meeting Minutes June 19, 2018 B. Consider and/or act upon approval of Resolution Number 18-R-880 authorizing the Mayor to enter into an Interlocal Agreement (ILA) with North Texas Municipal Water District (NTMWD), City of Murphy, and the City of Wylie for the addition of the Maxwell Creek Meter Station to the Muddy Creek Wastewater Interceptor System. COUNCIL ACTION: (Item 7.B.) APPROVED ON CONSENT AGENDA Mayor Pro Tem Jennifer Berthiaume moved to approve Agenda Items 7.A. and 7.B. as presented on the Consent Agenda. Deputy Mayor Pro Tem Sarah Fincanon seconded the motion. For: Unanimous. Absent: Council Member Chris George and Council Member Betty Spraggins. The motion carried by a vote of INDIVIDUAL CONSIDERATION A. Consider and/or act upon approval of Resolution Number 18-R-882 authorizing the City Manager to execute a contract with Grande Ford for the purchase of a CUES Lamp2 Hi- Cube Box Truck in the amount of $285, through a Local Government Purchasing Cooperative with BuyBoard (Contract #521-16). Public Services Director Tim Rogers presented this item. COUNCIL ACTION: (Item 8.A.) APPROVED Mayor Pro Tem Jennifer Berthiaume moved to approve Resolution Number 18-R-882 authorizing the City Manager to execute a contract with Grande Ford for the purchase of a CUES Lamp2 Hi-Cube Box Truck in the amount of $285, through a Local Government Purchasing Cooperative with BuyBoard (Contract #521-16). Deputy Mayor Pro Tem Sarah Fincanon seconded the motion. For: Unanimous. Absent: Council Member Chris George and Council Member Betty Spraggins. The motion carried by a vote of 5-0. B. Consider and/or act upon approval of Resolution Number 18-R-881 authorizing the City Manager to execute a contract with Fuquay, Inc. for the rehabilitation of sanitary sewer manholes for a total amount of $152, through a Local Government Purchasing Cooperative with BuyBoard (Contract #555-18). Public Services Director Tim Rogers presented this item. COUNCIL ACTION: (Item 8.B.) APPROVED Mayor Pro Tem Jennifer Berthiaume moved to approve Resolution Number 18-R-881 authorizing the City Manager to execute a contract with Fuquay, Inc. for the rehabilitation of sanitary sewer manholes for a total amount of $152, through a Local Government Purchasing Cooperative with BuyBoard (Contract #555-18). Deputy Mayor Pro Tem Sarah Fincanon seconded the motion. For: Unanimous. Absent: Council Member Chris George and Council Member Betty Spraggins. The motion Page 15 of 95

16 Agenda Item 10. A. Page 4 of 6 City Council Regular Meeting Minutes June 19, 2018 carried by a vote of 5-0. C. Consider and/or act upon approval of Resolution Number 18-R-883 authorizing the City Manager to execute a Professional Engineering Services Agreement and Scope of Services with Birkhoff, Hendricks & Carter, L.L.P. for work associated with the capital improvement projects. Public Services Director Tim Rogers presented this item. COUNCIL ACTION: (Item 8.C.) APPROVED Mayor Pro Tem Jennifer Berthiaume moved to approve Resolution Number 18-R-883 authorizing the City Manager to execute a Professional Engineering Services Agreement and Scope of Services with Birkhoff, Hendricks & Carter, L.L.P. for work associated with the capital improvement projects. Deputy Mayor Pro Tem Sarah Fincanon seconded the motion. For: Unanimous. Absent: Council Member Chris George and Council Member Betty Spraggins. The motion carried by a vote of 5-0. D. Consider and/or act upon approval of Ordinance Number amending Chapter 24, Buildings and Building Regulations of the Murphy Code of Ordinances related to Unattended Donation/ Collection Boxes. Community & Economic Development Director Jared Mayfield presented this item. COUNCIL ACTION: (Item 8.D.) NO ACTION E. Consider and/or act upon approval of Ordinance Number amending the FY18 revenue, expenditures and fund balance of the Capital Construction Fund for $85,886 for additional radio equipment using the remaining 2016 tax note proceeds and a North Central Texas Council of Governments (NCTCOG) grant. Finance Director Karen Montgomery presented this item. COUNCIL ACTION: (Item 8.E.) APPROVED Mayor Pro Tem Jennifer Berthiaume moved to approve Ordinance Number amending the FY18 revenue, expenditures and fund balance of the Capital Construction Fund for $85,886 for additional radio equipment using the remaining 2016 tax note proceeds and a North Central Texas Council of Governments (NCTCOG) grant. Deputy Mayor Pro Tem Sarah Fincanon seconded the motion. For: Unanimous. Absent: Council Member Chris George and Council Member Betty Spraggins. The motion carried by a vote of 5-0. F. Consider and/or act upon approval of Ordinance Number amending the FY18 revenue and expenditures in the Utility Capital Construction Fund for $2,159,783 of the $5,545,000 in Certificates of Obligation (CO) proceeds received on April 19, Finance Director Karen Montgomery presented this item. COUNCIL ACTION: (Item 8.F.) APPROVED Page 16 of 95

17 Agenda Item 10. A. Page 5 of 6 City Council Regular Meeting Minutes June 19, 2018 Mayor Pro Tem Jennifer Berthiaume moved to approve Ordinance Number amending the FY18 revenue and expenditures in the Utility Construction Fund for $2,159,783 of the $5,545,000 in Certificates of Obligation (CO) proceeds received on April 19, Deputy Mayor Pro Tem Sarah Fincanon seconded the motion. For: Unanimous. Absent: Council Member Chris George and Council Member Betty Spraggins. The motion carried by a vote of 5-0. G. Discuss, consider and/or act upon water conservation measures in an effort to avoid exceeding the water usage cap (1,404,775,000 gallons) as established by the North Texas Municipal Water District. Public Services Director Tim Rogers presented this item. COUNCIL ACTION: (Item 8.G.) NO ACTION 9. EXECUTIVE SESSION In accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council recessed into Executive Session (closed meeting) at 7:31 pm to discuss the following: A (1)(2) Deliberation Regarding Economic Development Negotiations; (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). B : (2): a matter in which the duty of the attorney to the government body under the Texas Disciplinary Rules of Professional Conduct of the State of Texas clearly conflicts with chapter 551, re: collection bins. 10. RECONVENE INTO REGULAR SESSION The City Council will reconvened into Regular Session at 8:06 pm, pursuant to the provisions of Chapter 551, Subchapter D, Texas Government Code, to take any action necessary regarding: A (1)(2) Deliberation Regarding Economic Development Negotiations; (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). B : (2): a matter in which the duty of the attorney to the government body under the Texas Disciplinary Rules of Professional Conduct of the State of Texas clearly Page 17 of 95

18 Agenda Item 10. A. conflicts with chapter 551, re: collection bins. No action was taken following the Executive Session. Page 6 of 6 City Council Regular Meeting Minutes June 19, ADJOURNMENT With no further business, a motion was entertained by the Mayor, and the Council meeting adjourned at 8:06 pm. APPROVED BY: ATTEST: Scott Bradley, Mayor Susie Quinn, City Secretary Page 18 of 95

19 Agenda Item 10. B. MURPHY CITY COUNCIL MINUTES BUDGET WORK SESSION MEETING JUNE 22, 2018 AT 4:15 PM CITY HALL COMMUNITY ROOM 206 NORTH MURPHY ROAD MURPHY, TEXAS CALL TO ORDER A. Mayor Scott Bradley called the meeting to order at 4:15 pm. 2. ROLL CALL AND CERTIFICATION OF A QUORUM COUNCIL PRESENT: Mayor Scott Bradley Mayor Pro Tem Jennifer Berthiaume Deputy Mayor Pro Tem Sarah Fincanon Council Member Don Reilly. COUNCIL ABSENT: Council Member Owais Siddiqui Council Member Chris George Council Member Betty Nichols Spraggins A. Kim Gann, Police Department Executive Administrative Assistant, substituting for Susie Quinn, City Secretary, certified a quorum was present. 3. PRESENTATIONS A. Opening Remarks - Mike Castro, PhD, City Manager B. Other Funds (not General Fund or Utility Funds): 1. MDD Fund - Mike Castro, PhD, City Manager 2. Community Events Fund - Tim Rogers, Public Services Manager 3. MCDC Fund - Jared Mayfield, AICP, Community & Economic Development Director BREAK 4. Court Restricted Funds - Karen L. Montgomery, CPA, Finance Director 5. Animal Shelter Funds - Arthur "Trey" Cotten, Police Chief 6. Capital Project Funds - Tim Rogers, Public Services Manager 3B - 1. Mike Castro made a presentation to City Council regarding MDD (Murphy Municipal Development District) Fund. 3B - 2. Tim Rogers made a presentation to City Council regarding the Community Events Fund. 3B - 3. Jared Mayfield made a presentation to City Council regarding MCDC (Murphy Community Development Corporation) Fund. 3B - 4. Karen Montgomery made a presentation to City Council regarding the Court Restricted Funds. Page 19 of 95

20 Agenda Item 10. B. Page 2 of 2 City Council Budget Work Session Meeting June 22, B - 5. Trey Cotten made a presentation to City Council regarding the Animal Shelter Funds. 3B - 6. Tim Rogers made a presentation to City Council regarding the Capital Project Funds. Council asked several questions and Finance Director Karen Montgomery will be working with staff to present the answers at future meetings. A summary of the requests were: 1. Holding an election for sidewalks and/or street repairs to be held either in May or November of 2019 to be reviewed. 2. Costs for the development of an annual July 4th event. 3. Research regarding escrow funding. 4. Can Capital Project money be requested before the interest rates increase? 4. ADJOURNMENT With no further business, a motion was entertained by the Mayor and the Council meeting adjourned at 5:31 pm. APPROVED BY: ATTEST: Scott Bradley, Mayor Susie Quinn, City Secretary Page 20 of 95

21 Agenda Item 11. A. Economic & Community Development July 3, 2018 ISSUE: Consider and/or act upon approval of Ordinance Number amending Chapter 24, Buildings and Building Regulations of the Murphy Code of Ordinances related to Unattended Donation/ Collection Boxes. STAFF RESOURCE/DEPARTMENT: Jared Mayfield, AICP, Director of Community & Economic Development SUMMARY: This ordinance will amend Chapter 24 of the Murphy Code of Ordinances to add Article regulating Unattended Donation/Collection Boxes (UDCB). Article will set the permitting requirements and development standards to allow UDCBs within the City of Murphy. The regulations will require an annual permit for an UDCB and must meet the following location requirements: 1,000 feet away from another UDCB; Zoning - Public/Semi-Public, Light Commercial, Retail and Town Center; Setback 200 feet from Betsy Lane, Murphy Road, FM 544 and McCreary Road; Setback 500 feet from residentially zoned property, properties zoned P/SP are exempt; Setback 30 feet from a public right-of-way; Setback 10 feet from any property line; Only one UDCB per parcel; and Must be visible from inside the principle building. In addition, the regulations outline the physical attributes of the box in terms of size and materials. The box must include the indentifcation of and contact information of the Owner and Operator. UDCBs must be maintained free of overflow, litter and debris and serviced at least once a week. ACTION REQUIRED: Consider proposed code amendments. ATTACHMENTS: Ordinance No Page 21 of 95

22 Agenda Item 11. A. ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF MURPHY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF MURPHY, TEXAS, BY ADDING ARTICLE UNATTENDED DONATION / COLLECTION BOXES; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS/REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, the City Council of the City of Murphy (the City Council ) desires to enact comprehensive regulations addressing the placement, operation, and use of Unattended Donation/Collection Boxes in the City to control negative externalities resulting from use of said Unattended Donation/Collection Boxes; those including the accumulation of used, broken, or soiled items that constitute trash, rubbish, or junk; broken, unsightly, or dangerous Unattended Donation/Collection Boxes; hazards to pedestrians, motor vehicle users, and others due to the placement of Unattended Donation/Collection Boxes; and negative impacts on property values and the health, safety, and welfare of the community; and WHEREAS, the City Council finds it to be advantageous, beneficial, and in the public interest to amend the Code of Ordinances to adopt regulations governing the placement, operation, and use of the Unattended Donation/Collection Boxes; and WHEREAS, the City Council has investigated and finds that these amendments provide reasonable regulation of the placement, operation, and use of Unattended Donation/Collection Boxes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of Murphy, Texas, is hereby amended by adding Article Unattended Donation/Collection Boxes as follows: Article UNATTENDED DONATION/COLLECTION BOXES 1 - Purpose. ORDINANCE NUMBER Page 1 of 11 Page 22 of 95

23 Agenda Item 11. A. The purpose of these regulations is to promote the health, safety, and welfare of the public by providing minimum Blight-related performance standards for the operation of unattended donation/collection boxes ( UDCBs ). These regulations serve to protect the aesthetic well-being of the community, to promote the tidy and ordered appearance of property, and to ensure adequate education of the public regarding the purpose of UDBCs by regulating UDCBs. This includes establishing criteria to ensure that material is not allowed to accumulate outside of the UDCBs, the UDCBs remain free of graffiti and blight, UDCBs are maintained in sanitary conditions, and residents and/or users are fully informed of those who operate the UDCBs so that they can be contacted if there are any blight-related questions or concerns. 2 - Conflicting provisions. Where a conflict exists between the regulations or requirements in this Article and applicable regulations or requirements contained in other Articles of the Code, the applicable regulations or requirements of this Article shall prevail. 3 - Violation. Failure to comply with any of the provisions of this Article is declared to be prima facie evidence of an existing violation, a continuing Blight, and a declared public Nuisance and shall be abated by the Director in accordance with the provisions of this Article. Any Person in violation will be subject to citations, administrative penalties, civil action and/or other legal remedies. 4 - Responsibility. The Parcel Owner and the UDCB Operator (Operator) have joint and several liability for violations of this Article, including fees, citations, civil actions, and/or legal remedies relating to a UDCB. The Parcel Owner remains liable for any violation of duties imposed by this Article even if the Parcel Owner has, by agreement, imposed on the Operator the duty of complying with the provisions of this Article. 5 - Definitions. "Accessory activity" means an activity that is incidental to, and customarily associated with, a specified principal activity. "Agent" means a Person who is authorized by the Parcel Owner to act on their behalf to be the applicant for a UDCB Permit. To be considered an Agent, a Person must be given express written authorization from the Parcel Owner to apply specifically for a UDCB Permit. For the purpose of this Article, a Person who is only given general authorization to act on the behalf of a Parcel Owner for various activities and transactions regarding a property is not considered an Agent. "Blight" or "Nuisance" means the conditions as set forth in Section of the City of Murphy Code of Ordinances. "City Manager" means the City Manager of the City of Murphy and his or her designees. "Director" means the Director of the Planning and Zoning Department and his or her designees. "Donated/collected material" means salvageable Personal property, such as clothing and books and household items that is collected for periodic transport off-site for processing or redistribution or both. "Parcel Owner" or "Property Owner" means the owner of real property on which a UDCB is or is proposed to be placed. ORDINANCE NUMBER Page 2 of 11 Page 23 of 95

24 Agenda Item 11. A. "Person" includes an individual, sole proprietorship, corporation, association, nonprofit corporation, partnership, joint venture, a limited liability company, estate, trust, public or private organization, or any other legal entity. "Principal Activity" means an activity that fulfills a primary function of an establishment, institution, household, or other entity. "Principal Building" means a main building that is occupied by a principal activity. "UDCB Operator" or "Operator" means a Person or entity who utilizes or maintains a UDCB to solicit donations/collections of salvageable Personal property. "UDCB Permit" or Permit means the City of Murphy's annually renewable Permit required to place, operate, maintain, or allow a UDCB within the Murphy City limits. "Unattended donation/collection boxes" or "UDCBs" means unstaffed drop-off boxes, containers, receptacles, or similar facility that accept textiles, shoes, books and/or other salvageable Personal property items to be used by the Operator for distribution, resale, or recycling. "Unpermitted UDCB" means a UDCB established either without a UDCB Permit or with a UDCB Permit that was issued in error or on the basis of incorrect or incomplete information supplied, or in violation of any law, ordinance, rule, or regulation. 6 - Permit required for UDCBs. A. With the exception of UDCBs described in Subsection B, below, it is unlawful to place, operate, maintain or allow a UDCB on any real property unless the Parcel Owner/Agent and/or Operator first obtain an annually renewable UDCB Permit from the City. A separate UDCB Permit is required for each UDCB. B. UDCBs that are enclosed within a principal building shall not require a UDCB Permit. However, UDCBs that are accessory to a principal activity on a property owned or leased by the Operator shall meet all other requirements of this Article. C. The UDCB Permit applicant shall be the UDCB Operator and the Permit may not be transferred, conveyed or otherwise assigned to another Person or entity. D. Decisions regarding UDCB Permit applications shall be made by the Director and the Director shall be considered the investigating official acting for the City. 7 - Application requirements. Applicants for Permits under this Article shall file a written, sworn application with the City. The UDCB Permit application shall be made on a form provided by the City. All applications shall include: A. A signed agreement stating that the Parcel Owner/Agent and Operator will abide by all the processes and requirements described in this Article; B. A non-refundable application fee in the amount of $50.00; C. A signed authorization from the Parcel Owner/Agent to allow placement of the UDCB; D. A signed acknowledgement of responsibility from the Parcel Owner/Agent and the Operator for joint and several liability for violations of this Article; E. Proof of general liability insurance of at least $1,000, covering the applicant's UDCB and naming the City of Murphy as an additional insured; ORDINANCE NUMBER Page 3 of 11 Page 24 of 95

25 Agenda Item 11. A. F. For nonprofit Operators, evidence that the nonprofit is recognized by the Internal Revenue Service as such; G. For for-profit Operators, proof of an active business tax certificate; H. The name, address, , website (if available) and telephone number of the UDCB Operator and Parcel Owner, including 24-hour contact information; I. A vicinity map showing 1) the proposed location of the UDCB; and 2) the distance between the site and all existing UDCBs within 1,000 feet of the proposed UDCB location; J. Photographs of the location and adjacent properties; K. A site plan containing: 1. Location and dimensions of all parcel boundaries; 2. Location of all buildings; 3. Proposed UDCB location; 4. Distance between the proposed UDCB, parcel lines, and buildings; 5. Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking; and 6. Any other site information requested by the Director; L. Elevations showing the appearance, materials, and dimensions of the UDCB, including the information required in this Article to be placed on the UDCB and notice sign; M. A description and/or diagram of the proposed locking mechanism of the UDCB; N. A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the UDCB) that is sufficient to prevent/eliminate Blight-related conditions; and O. Any other reasonable information regarding time, place, and manner of UDCB operation, placement, and/or maintenance that the Director requires to evaluate the proposal consistent with the requirements of this Article. 8 - UDCB Permit expiration and renewal. A. Unless renewed as described in Subsection B, below, each UDCB Permit shall expire and become null and void annually on the anniversary of its date of issuance. B. A UDCB Operator may apply for Permit renewal by submitting to the City at least one month prior to the expiration of the active UDCB Permit. The UDCB Permit renewal application shall be made on a form provided by the City. All applications shall be filed with the City and shall include: 1. A signed agreement stating that the Parcel Owner/Agent and Operator will abide by all the processes and requirements described in this Article; 2. Photographs of the existing UDCB; 3. A non-refundable application fee in the amount of $50.00; ORDINANCE NUMBER Page 4 of 11 Page 25 of 95

26 Agenda Item 11. A. 4. A signed authorization from the Parcel Owner/Agent to allow placement of the UDCB; 5. A signed acknowledgement of responsibility from the Parcel Owner/Agent and the Operator for joint and several liability for violations of this Article; 6. Proof of general liability insurance of at least $1,000, covering the applicant's UDCB and naming the City of Murphy as an additional insured; 7. For nonprofit Operators, evidence that the nonprofit is recognized by the Internal Revenue Service as such; 8. For for-profit Operators, proof of an active business tax certificate; 9. The name, address, , website (if available) and telephone number of the UDCB Operator and Parcel Owner, including 24-hour contact information; and 10. Any other reasonable information regarding time, place, and manner of UDCB operation, placement, and/or maintenance that the Director requires to evaluate the proposal consistent with the requirements of this Article. C. The Director shall either approve or deny the renewal of a UDCB Permit within 30 days of receipt of a complete renewal application and payment of the renewal fee. D. The Director shall approve the renewal of a UDCB Permit if he or she finds that no circumstances existed during the term of the UDCB Permit or existed at any time during the review of the application for renewal that are inconsistent with any criteria required for approval of a new UDCB Permit as specified in Section 9 of this Article or that would justify the revocation of the UDCB Permit as specified in Section 16 of this Article. 9 - Requirements for the approval and renewal of a UDCB Permit. The Director shall not issue a UDCB Permit or renewal unless each of the following is true: A. The applicant has submitted a complete and accurate application accompanied by the applicable fee; B. There are no pending citations, unpaid fines or unresolved violations or complaints related to any UDCB managed by the proposed Operator; C. All existing Unpermitted UDCBs that are managed by the proposed Operator have been removed; D. Any verified Blight on the subject property has been abated and any case of a complaint to the City regarding Blighted conditions on the subject property has been closed; and F. The application is consistent with all the requirements of this Article. G. For renewals, the site does not have a history of having Nuisance conditions even if incidents of Blight were abated. For the purpose of this subsection, "history of having Nuisance conditions" means a notice of violation from the City has been sent to the applicant in the previous 12 months Time limit for final decision. The Director shall provide a written decision regarding the placement of a UDCB within 30 days of the submission of a complete application for a UDCB Permit. ORDINANCE NUMBER Page 5 of 11 Page 26 of 95

27 Agenda Item 11. A Appeal and petition processes. A. Within ten calendar days after the date of a decision by the Director on an application for a UDCB Permit or a renewal of such, any appeal from said decision must be filed by the applicant or any other interested party. The appeal shall be submitted to the Director. In the event the last date of appeal falls on a weekend or holiday when City offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the City and shall be filed with such Department, along with a fee of $50 required by the City. The appeal application must be complete and shall state specifically wherein it is claimed there was an error or abuse of discretion by the Director or wherein his or her decision is not supported by the evidence in the record. The appeal itself must raise each and every issue that is contested, along with all the arguments and evidence in the record, which supports the basis of the appeal; failure to do so will preclude the appellant from raising such issues during the appeal and/or in court. If a hearing is held on the appeal, then during such hearing, the appellant will be limited to issues and/or evidence previously raised in the appeal application itself. The appellant shall not be permitted to present any other issues and/or oral, written and/or documentary evidence during the appeal process. In considering the appeal, the City Manager shall determine whether the proposal conforms to the requirements of this Article, and may grant or deny a Permit or require such changes in the proposed use or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria. The written decision of the City Manager shall be final and shall be made within 30 days of the submission of the appeal. B. The applicant seeking placement of a UDCB which would be affected by this Article and who contends that the ordinance as applied would be unlawful under and/or conflict with federal, state, or local law or regulation, must submit a petition to the City Manager requesting relief from the ordinance. Petitions must be on the appeal form provided by the City and submitted to the City Manager. Failure to submit such a petition will preclude such Person from challenging the ordinance as applied in court. The Petition shall identify the name and address of the applicant and property Owner, the affected application number, and shall state specifically and completely how the ordinance as applied would be unlawful under and/or in conflict with federal, state, or local law or regulation, and shall include payment of fees required by the City. Failure to raise each and every issue that is contested in the petition and provide appropriate supporting evidence will be grounds to deny the petition and will also preclude the petitioner from raising such issues in court. If a hearing is held on the petition, then during such hearing, the petitioner will be limited to issues and/or evidence previously raised in the petition itself. The petitioner shall not be permitted to present any other issues and/or oral, written and/or documentary evidence during the petition process. Within 30 calendar days of receipt of the completed petition, the City Manager, or designee, shall mail to the applicant a written determination accepting or rejecting the petition. The written decision of the City Manager is final. The City Manager will utilize reasonable time, place and manner criteria to determine if the petition should be granted or denied consistent with this Article. If the petition is granted, the City may impose reasonable time, place and manner-related conditions on the UDCB consistent with this Article. ORDINANCE NUMBER Page 6 of 11 Page 27 of 95

28 Agenda Item 11. A Location. A. No UDCB shall be located within 1,000 feet from any other UDCB. B. With the exception of areas described in Subsection (C), below, UDCBs are only allowed to be located in the following zones, which are designated in the zoning maps and described in the City s Zoning Code of Ordinances: P/SP, LC, R, TC UDCB located in P/SP shall be exempted from the requirement listed in (E)(2) of this Section. C. No UDCBs are permitted within 200 feet of: Betsy Road, Murphy Road, Farm to Market Road 544 (Plano Parkway), and McCreary Road. D. A UDCB is only permitted on a lot that also contains a principal building that contains at least one operating business or other ongoing activity. E. UDCBs are prohibited within any of the following locations: 1. Required building setback, landscaping, buffer yard, access easement, drainage easement, floodplain, driveway, required parking space, utility easement or fire lane; feet from lots that are zoned or used for residential or mixed-use commercial purposes as designated in the City's zoning maps, said distance shall be measured from lot line to lot line; 3. The public right-of-way and 30 feet of the public right-of-way; feet from any property line; or F. UDCBs cannot block or impede access to: 1. Required parking or driveways; 2. Pedestrian routes; 3. Emergency vehicle routes; 4. Building ingress and egress; 5. Required handicapped accessibility routes; 6. Required easements; 7. Trash enclosure areas or access to trash bins/trash enclosures; or 8 Traffic nor visually impair any motor vehicle operation within a parking lot, driveway, or street. G. UDCBs cannot impede the functioning of exhaust, ventilation, or fire extinguishing systems. H. No more than one UDCB is permitted per parcel. A UDCB is only permitted on a lot that is platted. In the case of a shopping center or office development that consists of multiple platted lots, the Director shall treat the shopping center or office development as if it is one contiguous lot. I. The donation/collection area must be visible from inside the principal building and be no more than ten feet from a continually operating light source of at least one foot candle. ORDINANCE NUMBER Page 7 of 11 Page 28 of 95

29 Agenda Item 11. A Physical attributes. A. UDCBs shall: 1. Be fabricated of durable and waterproof materials; 2. Be placed on ground that is paved with durable cement; 3. Be placed on a durable pad site with metal tray capable of catching any leaked or seeping materials; 4. Not exceed 60 inches high, 60 inches wide and 60 inches deep; 5. Not be electrically or hydraulically powered or otherwise mechanized; 6. Not be a fixture of the site or considered an improvement to real property; 7. Be adjacent to at least one stacking or parking space for the use of Persons accessing the UDCB; 8. The color and associated signage shall not be high-intensity or fluorescent; and 9. Have the following information conspicuously displayed on at least two-inch type visible from the front on the UDCB: i. The name, address, 24-hour telephone number, and, if available, the Internet Web address, and address of the Owner and Operator of the UDCB and the Parcel Owner/Owner Agent; ii. Address and parcel number of the site; iii. Instructions on the process to register a complaint regarding the UDCB to the City Code Enforcement Division; iv. The type of material that may be deposited; v. A notice stating that no material shall be left outside the UDCB; vi. The pickup schedule for the UDCB; and vii. A City approved identification system that identifies the UDCB as being properly permitted by the City. 10. The following information must be conspicuously displayed in at least five-inch, red, upper-case type on each side of the UDCB: i. Any disclosure required by law, including Texas Business and Commerce Code et seq., as amended Maintenance. A. No Blight shall be within 30 feet of the UDCB including, but not limited to donation/collection overflow, litter, debris, and dumped material. B. UDCBs shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms. C. UDCBs shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of Donated/Collected Material and abatement of the Blight described this section. ORDINANCE NUMBER Page 8 of 11 Page 29 of 95

30 Agenda Item 11. A. D. The Operator shall maintain an active address and a 24-hour telephone service with recording capability for the public to register complaints. E. UDCBs cannot be used for the collection of solid waste and/or any hazardous materials Liability. Operators, Property Owners, and Agents shall maintain a minimum general liability insurance of $1,000, for the duration of the operation of a UDCB at each site, to cover any claims or losses due to the placement, operation, or maintenance of the UDCB and naming the City of Murphy as additional insured. Proof of naming the City as additional insured shall be provided upon request by the City INDEMNITY. OPERATORS, OWNERS, AND AGENTS SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL LIABILITIES, DEMANDS, ACTIONS, LOSSES, DAMAGES, AND COSTS RESULTING FROM UDCB OPERATIONS AND MAINTENANCE. THIS INDEMNIFICATION SHALL COVER THE COSTS OF DEFENSE FOR CLAIMS RESULTING FROM THE USE OR OCCUPANCY OF THE CITY PROPERTIES OR RIGHT OF WAYS, INCLUDING BUT NOT LIMITED TO CLAIMS, LIABILITIES AND ACTIONS BASED UPON ACTS OR OMISSIONS OF NEGLIGENCE OF NOT ONLY OPERATORS, OWNERS, AND AGENTS, BUT ALSO THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES RESULTING FROM OPERATOR S ACTIVITIES WITHIN THE CITY LIMITS. UPON DEMAND, OPERATORS, OWNERS, AND/OR AGENTS SHALL, AT THEIR EXPENSE, PROVIDE THE REQUIRED DEFENSE TO THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, THROUGH COMPETENT LEGAL COUNSEL ACCEPTABLE TO THE CITY Compliance process. A. Whenever the Director determines that a UDCB with a valid Permit does not conform to any requirement in this Article he/she shall promptly notify the Parcel Owner/Agent and UDCB Operator through electronic mail of the violation. The violation must be abated and proof of such submitted to the City within 24 hours after receipt of such notification. B. If an UDCB does not have a current, valid Permit, then both the UDCB and any Blight within 20 feet of the UDCB shall be removed within 24 hours after the Parcel Owner/Agent or UDCB Operator is notified of the violation. C. The property Owner or Owner's Agent shall have the right to rescind consent for a UDCB to be placed on the property, provided written notice of the rescission is provided to the UDCB Operator and the City, and the UDCB shall be removed from the property within 24 hours of such rescission. D. Each day that a violation of a requirement of this Article is not abated constitutes a new and separate offense. E. Any UDCB located within the jurisdiction of the City that does not have a current, valid Permit shall be subject to impoundment by the City. Any UDCB impounded by the City shall be released to the Owner upon payment of all applicable impoundment and storage fees. F. Any Permit issued hereunder may be revoked by the Director if the Permit holder has received 3 notices of violation for violations of this Article or any other provision of this Code of ORDINANCE NUMBER Page 9 of 11 Page 30 of 95

31 Agenda Item 11. A. Ordinances within a 12 month time period or has knowingly made a false material statement in the application or otherwise becomes disqualified for the issuance of a Permit under the terms of this Article. 1. Notice of the revocation shall be given to the Permit holder in writing, with the reasons for the revocation specified in the notice, served either by Personal service or by certified United States mail to their last known address. The revocation shall become effective the day following Personal service or if mailed, 3 days from the date of mailing. 2. The Permit holder shall have ten 10 days from the date of such notice of revocation in which to file notice with the Director of their appeal from the order revoking said Permit. The Director shall provide for a hearing on the appeal not later than 15 days after the notice of the appeal is filed. 3. Any appeal of revocation pursuant to this section shall stay the revocation until said revocation is finalized. 4. If the revocation is affirmed, the Permit holder shall remove said UDCB no later than 24 hours after said final decision. Upon expiration of this 24 hour grace period, the UDCB shall have a noncompliant status and be subject to immediate impoundment by the City without further notice. 5. In the event the Permit of any Permit holder is revoked by the Director, no additional Permit shall be issued to such Person within one year of the date such Permit was revoked. 6. In the event that any Permit holder has 2 or more UDCB Permits revoked within a 12-month period, then all Permits issued to the Person shall be revoked and all UDCBs operated by the Person shall be removed. G. The property Owner and Operator are jointly and severally liable and responsible for all fees, citations, and compliance with the regulations. H. All notices for unpermitted UDCBs shall be in writing and Personally delivered to the Parcel Owner/Agent and UDCB Operator or by depositing such notice in the United States mail, postage paid, and addressed to the Parcel Owner/Agent at the Owner(s) last known address as it appears on the UDCB itself. If the City cannot reasonably determine the name and/or address of the unpermitted UDCB Operator, placing the written notice on the UDCB itself constitutes sufficient notice Penalty Any Person that violates this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding $500. Each continuing day's violation shall constitute as a separate offense. A culpable mental state is not required for the commission of an offense under this Article. The penalty provisions imposed under this Article shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 3. It is the intention of City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be deemed unconstitutional or invalid by any judgement or decree of a court of competent ORDINANCE NUMBER Page 10 of 11 Page 31 of 95

32 Agenda Item 11. A. jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining section, paragraph, sentence, clause or portion of this ordinance or any other provision of the Code of Ordinances of the City of Murphy. SECTION 4. The City of Murphy s Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed or amended ordinance, nor shall the repeal or amendment prevent a prosecution from being commenced for any violation if occurring prior to the repeal or amendment of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law provides. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Murphy, Texas, on the 3 rd day of July, ATTEST: Susie Quinn, City Secretary City of Murphy APPROVED AS TO FORM AND LEGALITY: Wm. Andrew Messer, City Attorney Scott Bradley, Mayor Pro Tem City of Murphy ORDINANCE NUMBER Page 11 of 11 Page 32 of 95

33 Agenda Item 11. A. 7/03/2018 Unattended Donation/ Collection Boxes Section Outline of Article Definitions Permit Required Application Process Permit Expiration and Renewal Requirements for Approval Appeal Process Location Requirements Physical Attributes of UDCBs Maintenance Compliance Process Unattended Donation/ Collection Boxes Section Location Requirements: 1,000 feet away from another UDCB; Zoning Public/Semi-Public, Light Commercial, Retail and Town Center; Setback 200 feet from Betsy Ln, FM 544 Murphy Rd, and McCreary Rd; Setback 500 feet from residentially zoned property; except P/SP zoning Setback 30 feet from a public right-of-way; Setback 10 feet from any property line; Only one UDCB per parcel; and Must be visible from inside the principle building 1 Page 33 of 95

34 Agenda Item 11. A. 7/03/2018 Unattended Donation/ Collection Boxes 500 ft Buffer 2 Page 34 of 95