285 Uptown Blvd., Cedar Hill, TX O F

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1 ADMINISTRATION 285 Uptown Blvd., Cedar Hill, TX O F NOTICE OF CITY COUNCIL BRIEFING SESSION AUGUST 27, 2013 T.W. TURK CANNADY-CEDAR HILL ROOM 285 UPTOWN BLVD. BLDG. 100 CEDAR HILL, TEXAS 6:00 P.M. AGENDA I. Call the meeting to order. II. III. Fire Department Strategic Plan and update. City Manager Reports: a. City Council Calendar/Upcoming Events. b. City Operations. IV. Conduct a briefing session to discuss agenda items for 7:00 p.m. regular meeting. V. Adjourn. I certify that the above notice of meeting was posted in accordance with the Texas Open Meetings Act on the 22 nd day of August Lyn Hill City Secretary This facility is wheelchair accessible. If you plan to attend this public meeting and you have a disability that requires special arrangements, please call Ext or (TDD) RELAY TX ( ) at least 48 hours in advance. Reasonable accommodations will be made to assist your needs. Mayor, Rob Franke Mayor Pro Tem, Chris Parvin Stephen Mason Jami McCain Daniel C. Haydin, Jr. Clifford R. Shaw Wallace Swayze City Manager, Alan E. Sims CedarHillTX.COM

2 ADMINISTRATION 285 Uptown Blvd., Cedar Hill, TX O F NOTICE OF CITY COUNCIL MEETING AUGUST 27, 2013 T.W. TURK CANNADY-CEDAR HILL ROOM 285 UPTOWN BLVD. BLDG. 100 CEDAR HILL, TEXAS 7:00 P.M. VISION STATEMENT: We envision Cedar Hill as a premier city that retains its distinctive character; where families and businesses flourish in a safe and clean environment. MISSION STATEMENT: The mission of the City of Cedar Hill is to deliver the highest quality municipal services to our citizens and customers consistent with our community values. AGENDA I. Call the meeting to order. II. III. IV. Pledge of Allegiance. Invocation: Pastor Scott Blair - First Baptist Church Cedar Hill. Presentation: 1. Presentation by Cedar Hill Collegiate High School - Students for the Cure. V. Distinctive Character Presentation: 1. Presentation to Louise Gomez - winner of the Cedar Hill Optimist Club Essay Scholarship. Mayor, Rob Franke Mayor Pro Tem, Chris Parvin Stephen Mason Jami McCain Daniel C. Haydin, Jr. Clifford R. Shaw Wallace Swayze City Manager, Alan E. Sims CedarHillTX.COM

3 Page 2 City Council Meeting Agenda August 27, 2013 VI. Consent Agenda: The Consent Agenda includes routine items that may be acted upon with a single vote. Any City Council member may remove items from the Consent Agenda for separate discussion and consideration. 1. Consider approving the minutes of the special joint City Council/EDC Board meeting of August 6, 2013 and the regular meeting of August 13, Consider adopting Ordinance No amending the City Sign Regulations. 3. Consider authorizing the Mayor to execute a construction contract with H&H Electrical Contractors Inc. for the Meadowcrest Pump Station Switchgear Replacement and Emergency Generators project. 4. Consider authorizing the Mayor to execute a contract with McCreary, Veselka, Bragg & Allen (MVBA) for collection services for the Municipal Court. VII. VIII. Citizens Forum. Regular: 1. Consider authorizing the Mayor to execute a contract with Gomez Floor Covering, Inc. for the replacement of the Zula B. Wylie Public Library carpet. 2. Consider adopting Ordinance No amending the Code of Ordinances to include prohibiting on-street parking City-wide within twenty-five (25) feet of the entrance to an alley. 3. Consider adopting Ordinance No designating a portion of Sims Drive as a No Parking Zone. IX. Updates and announcements from City Council Members. X. Adjourn.

4 Page 3 City Council Meeting Agenda August 27, 2013 I certify that the above notice of meeting was posted in accordance with the Texas Open Meetings Act on the 22 nd day of August Lyn Hill City Secretary This facility is wheelchair accessible. If you plan to attend this public meeting and you have a disability that requires special arrangements, please call Ext or (TDD) RELAY TX ( ) at least 48 hours in advance. Reasonable accommodations will be made to assist your needs. PREMIER STATEMENTS CEDAR HILL HAS DISTINCTIVE CHARACTER CEDAR HILL HAS EXCELLENT, SAFE & EFFICIENT INFRASTRUCTURE CEDAR HILL IS SAFE CEDAR HILL IS CLEAN CEDAR HILL HAS TEXAS SCHOOLS OF CHOICE CEDAR HILL HAS VIBRANT PARKS AND NATURAL BEAUTY CEDAR HILL HAS A STRONG AND DIVERSE ECONOMY CITY COUNCIL VALUES CITIZEN INPUT AND PARTICIPATION ACCOUNTABILITY AND RESPONSIVENESS DIVERSITY AND RESPECT FOR INDIVIDUAL DIFFERENCES HIGHEST ETHICAL STANDARDS AND INTEGRITY TEAMWORK AND REGIONAL COOPERATION EXCELLENCE AND CONTINUOUS IMPROVEMENT I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the Government Center bulletin board on the day of, 2013, By:

5 MINUTES CITY COUNCIL SPECIAL JOINT MEETING WITH CEDAR HILL ECONOMIC DEVELOPMENT CORPORATION TUESDAY, AUGUST 6, 2013 The City Council of the City of Cedar Hill, Texas met in special joint session with the Cedar Hill Economic Development Corporation (EDC) on Tuesday, August 6, 2013, 6:00 p.m., Court Multi/Purpose Room, Cedar Hill Government Center, 285 Uptown Blvd., Cedar Hill, Texas. Mayor Franke called the meeting of the City Council to order at 6:00 p.m. and identified that a quorum was present and that the meeting was duly posted. President Bill Strock did likewise for the Economic Development Corporation. The following members of the City Council were present: Mayor Rob Franke, Mayor Pro Tem Chris Parvin, Council Members Daniel C. Haydin, Jr., Steve Mason, Jami McCain, Chris Parvin, Clifford Shaw and Wallace Swayze. The following members of the Economic Development Board were present: President Bill Strock, Vice President Michael Lemmon, Board Members Amanda Skinner, Lee Taylor, Shawn Quildon, Johnny Wallace, Gerry White and Earl Wooten. City staff members present: City Manager Alan Sims, Deputy City Manager Greg Porter, Assistant City Manager Melissa Stephens, City Secretary Lyn Hill, Assistant to the City Manager Marie Watts, Main Street and Neighborhood Services Manager Patty Bushart, Public Works Director Elias Sassoon and Parks Director Rhoda Savage. EDC staff members present: Director Allison Thompson, Executive Assistant Louis Castillo and Business Retention Manager Erika Molett Allison Thompson began the meeting with a presentation and discussion on seven downtown properties under contract with the EDC. She reviewed the location and description of each and gave information on the status of possible closing dates and contract negotiations. City Manager Sims gave the following desired characteristics for the use of the properties: Generate traffic Generate income Consistent with Downtown Vision Plan Further downtown economic development No operational subsidy Incentivize private investment

6 Page 2 Joint Meeting CC and EDC August 6, 2013 Cedar Hill ISD Board Member Doug Heyerdahl explained his interest in the plans for these properties revolved around a parcel owned by the School District in the same proximity. That property is used for equipment storage and maintenance. There are no current plans to change its use. After staff presentations, there was discussion on the following topics. Another meeting after closing on property Briefing and updates to EDC on any substantial City Center advance plans to move forward Confirmation to pursue office development Possibility of private-public partnerships Hiring a property manager Cleaning up the property once everything is secured. There being no further business, and absent dissent, both Mayor Franke and President Strock ended their meetings at 7:15 p.m. Attest: Lyn Hill, City Secretary Date: Approved: Rob Franke, Mayor

7 BRIEFING MINUTES CITY COUNCIL MEETING August 13, 2013 The City Council of the City of Cedar Hill, Texas, met in briefing session Tuesday, August 13, 2013, 6:00 p.m., in the T.W. Turk Cannady Cedar Hill Room, 285 Uptown Blvd., Bldg. 100, Cedar Hill, Texas. The following members of the City Council were present, to wit: Mayor Rob Franke, Mayor Pro Tem Chris Parvin, Council Members Daniel C. Haydin, Jr., Steve Mason, Jami McCain, Clifford Shaw and Wallace Swayze I. Call the meeting to order. Mayor Rob Franke called the meeting to order at 6:00 p.m., declaring it an open meeting, that a quorum was present and the meeting notice was duly posted. II. Presentation on Restricting the Use of Wireless Communication Devices in School Zones. City Manager Sims noted CHISD expressed the desire for the City to pursue this issue. Public Works Director Elias Sassoon stated the purpose of this restriction is to: Enhance the safety and well-being of students at street crossings along school zones Align with surrounding jurisdictions already posting signs and providing enforcement Support the City Council Premier Statements below: *Cedar Hill is Safe *Cedar Hill has Texas Schools of Choice Sassoon noted this issue was presented to City Council on September 19, 2009, but no action was taken. It was discussed and supported by Traffic Safety Committee on July 25, Explaining Transportation Code Section , Sassoon stressed the fact that signs must be displayed at every school (public and private) in order to enforce the $200 fine. It does not require a local ordinance, because it is the law. This action would require approximately 48 signs for a total cost of $3,600. This expense is eligible for Traffic Safety Fund reimbursement. If City Council gives the green light to go forward, information would be distributed to the public by means of the City website and newsletter placed in monthly water bills.

8 City Council Briefing Minutes 2 August 13, 2013 There was discussion by City Council with several concerns expressed. Mayor Franke stressed, We don t want to overact. City Council requested further investigation into the matter. City Manager Sims stated it is appropriate for CHISD to come before City Council for further discussion. IV. City Manager Reports: a. City Council Calendar/Upcoming Events. City Manager Sims reviewed the City Council s calendar for the upcoming weeks, emphasizing the following: Thursday, August 15 11:30 a.m. Best Southwest Transportation Committee Luncheon Railroad Preemption & Quiet Zones Pappadeaux Seafood Kitchen. 11:30 a.m. Fashion with Flair Luncheon and Style Show Cedar Hill recreation Center Friday, August 16 7:15 a.m. TGIF Legislative Breakfast Methodist Charlton Medical Center Auditorium 9:00 a.m. - SimplyMac Ribbon Cutting UVCH across from Matt s Saturday, August 24 Back to School Event Crawford Park IV. Conduct a briefing session to discuss agenda items for 7:00 p.m. regular meeting. City Manager Sims reviewed items on the agenda for the regular meeting. **Presentation: Item 1 - Presentation to City Secretary Lyn Hill, the Texas Municipal Clerk Association (TMCA) Yellow Rose Chapter Municipal Clerk of the Year.

9 City Council Briefing Minutes 3 August 13, 2013 **Consent Agenda: Item 1 - Consider approving the minutes of the regular meeting of July 23, Item 2 - Consider authorizing the Mayor to execute a construction contract with Control Integrity, Inc. for the Supervisory Control and Data Acquisition (SCADA) system hardware replacement project. Item 3 - Consider acceptance of the semi-annual report from the Cedar Hill Capital Impact Fee Advisory Committee. Item 4 - Consider approving certified tax rolls submitted by Dallas Central Appraisal District and Ellis Appraisal District. **Regular: Item 1 - Discuss tax rate, take a record vote on the proposed tax rate and set the date and time for the public hearing(s) on the tax rate and budget and the adoption of the budget and tax rate. Item 2 - Closed meeting called pursuant to Texas Gov t. Code: Sec (2), Economic Development negotiations: Deliberation of an offer of a financial or other incentive to a business prospect the City seeks to have locate, stay or expand in the City. o o Project Inspire Project Tuskegee Item 3 - Reconvene in open session and consider any action to be taken as a result of the executive session. Adjourn. There being no further business, Mayor Franke entertained a motion to adjourn. The motion was made by Mayor Pro Tem Parvin, second by Council Member Mason and passed by unanimous vote. The meeting adjourned at 6:47 p.m. Attest: Lyn Hill, City Secretary Approved: Rob Franke, Mayor

10 MINUTES CITY OF CEDAR HILL CITY COUNCIL MEETING AUGUST 13, 2013 The City Council of the City of Cedar Hill, Texas met in regular session Tuesday, August 13, 2013, 7:00 p.m., T.W. Turk Cannady - Cedar Hill Room, 285 Uptown Blvd., Cedar Hill, Texas. Present: Mayor Rob Franke, Mayor Pro Tem Chris Parvin, Council Members Daniel C. Haydin, Jr., Stephen Mason, Jami McCain, Cliff Shaw and Wallace Swayze. I. Call the meeting to order. Mayor Franke called the meeting to order at 7:00 p.m., declaring it an open meeting, that a quorum was present and that the meeting notice was duly posted. II. Pledge of Allegiance. Council Member Cliff Shaw led the Pledges of Allegiance to both the United States and Texas Flags. III. Invocation: Mayor Pro Tem Chris Parvin. Mayor Pro Tem Chris Parvin gave the invocation. IV. Presentation: This item was for a presentation to City Secretary Lyn Hill, the Texas Municipal Clerks Association (TMCA) Yellow Rose Chapter Municipal Clerk of the Year. Dolle Downe, current President-Elect of the Yellow Rose Chapter of the Texas Municipal Clerks Association introduced the other officers present. These included: Cathy DiMaggio from Grand Prairie Pam Woodall from Ovilla Vicki Collins from Mansfield Downe stated the Chapter was formed under the direction of Cedar Hill City Secretary Lyn Hill and held its first meeting in September The Chapter now has 23 enrolled cities and 29 members with Chapter boundaries covering southern Dallas, Ellis, Tarrant and Johnson Counties. Downe noted Lyn was unanimously elected as the Chapter s Municipal Clerk of the Year and presented her with an engraved crystal vase and a dozen yellow roses.

11 City Council Minutes August 13, 2013 City Manager Sims addressed the meeting by going through the attributes he felt made Lyn worthy of this award. Mayor Franke explained his respect for Lyn and her work as City Secretary. Lyn expressed her thanks for the honor and introduced her family and friends in the audience. She said there should be more than one name engraved on the vase and explained that each of the Yellow Rose participants showed their faith in her in the formation of the Chapter. Her boss (Alan Sims) encouraged her. Her husband and friends supported her, and Mayor Franke and the City Council stood by her. Lyn said all those names should also be listed on that vase. V. Consent Agenda: Mayor Franke introduced the Consent Agenda. Mayor Pro Tem Parvin stated he would abstain from voting on the minutes, as he was not in attendance for that meeting. Council Member Haydin moved to approve the Consent Agenda. The motion was seconded by Council Member Swayze and passed by unanimous vote. Item 1 was to consider approving the minutes of the regular meeting of July 23, Item 2 was to consider authorizing the Mayor to execute a construction contract with Control Integrity, Inc. for the Supervisory Control and Data Acquisition (SCADA) system hardware replacement project. Item 3 was to consider acceptance of the semi-annual report from the Cedar Hill Capital Impact Fee Advisory Committee. Item 4 was to consider approving certified tax rolls submitted by Dallas Central Appraisal District and Ellis Appraisal District. VI. Citizens Forum. Elaine Cook 2818 Sonterra spoke on the Zula B. Wylie Library Excellence Celebration taking place on Friday September 6, 2013 at the Cedar Hill Recreation Center 6:00 p.m. VII. Regular:

12 City Council Minutes August 13, 2013 Item 1 was to discuss the ax rate, take a record vote on the proposed tax rate and set the date and time for the public hearing(s) and adoption of the budget and tax rate. Mayor Franke reviewed the item, explaining the proposed tax rate of cents per $100 valuation represents a zero effective tax rate. Franke added the budget has been discussed, and the tax rate is to support that budget. The Mayor and Mayor Pro Tem complimented the staff for their work on budget **Mayor Pro Tem Parvin moved to consider a tax rate of cents per $100 valuation at the 7:00 p.m. September 10, 2013 City Council Meeting at the Government Center. This tax rate represents a zero effective tax rate. The motion was seconded by Council Member Haydin and passed by unanimous vote. Item 2 was for a Closed meeting called pursuant to Texas Gov t. Code: Sec (2), Economic Development negotiations: Deliberation of an offer of a financial or other incentive to a business prospect the City seeks to have locate, stay or expand in the City. o o Project Inspire Project Tuskegee ***Mayor Franke adjourned into closed session at 7:37 p.m. Item 3 was to reconvene in open session and consider any action to be taken as a result of the executive session. The Mayor called the meeting back into open session at 8:18 p.m. and advised no action was taken at the executive session. Mayor Pro Tem Parvin moved to authorize the Economic Development Corporation to go forward as proposed. Council Member Swayze seconded the motion, which passed by unanimous vote. VIII. Updates and announcements from City Council Members. Council Member Haydin noted he attended a meeting with Dallas County Judge Clay Jenkins. Jenkins is attempting to enroll citizens into the Federal

13 City Council Minutes August 13, 2013 Health Care Exchange before the October 1 deadline. More information will be forthcoming on the program. IX. Adjourn. There being no further business, Mayor Franke entertained a motion to adjourn. The motion was made by Mayor Pro Tem Parvin and seconded by Council Member Shaw. The meeting adjourned at 8:25 p.m. upon unanimous vote. Approved: Rob Franke, Mayor Attest: Lyn Hill, City Secretary

14 Consent 2 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: August 27, 2013 Agenda Item Wording: Consider adopting Ordinance No amending the City Sign Regulations. Summary: Attached is a copy of the revised sign regulations that reflect the latest comments staff received from the City Council. The City Council reviewed the proposed sign regulation at a workshop on 1/24/13 and Council Briefing session on 5/14/13. The proposed regulations simplify the sign application and sign area measurement process, streamline the variance process and establish regulations for types of signs that are not regulated at this time. Also attached is a memo from Greg Porter summarizing the recommended changes and issues related to these regulations. The ordinance has been approved as to form by legal counsel. Funding Source: N/A Recommended Action: Consider adoption of Ordinance No Department: Code Enforcement Contact / Phone No: Johnny Kendro x1091 Attachments: Yes If yes, how many pages: 28

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17 ORDINANCE NO AN ORDINANCE OF THE CITY OF CEDAR HILL, TEXAS, REPEALING CHAPTER 4, ARTICLE XII, SIGNS, OF THE CODE OF ORDINANCES OF THE CITY OF CEDAR HILL, TEXAS, AND ADOPTING A NEW SIGN ORDINANCE IN PLACE THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Cedar Hill is a home rule city within the State of Texas; and WHEREAS, the City of Cedar Hill is empowered and authorized to regulate arterial, toll, and other roads, bridges, tunnels, and related facilities, and to develop and enforce master plans for the control of traffic; and to establish, coordinate, and enforce zoning and such regulations as are necessary for the protection of the public; and to perform any other acts which are in the common interest of the people and residents of the City of Cedar Hill; and WHEREAS, the City of Cedar Hill finds, determines, and declares that the control and regulation of signs adjacent to expressways, limited access facilities and related approaches, viaducts, bridges, and road and highway interchanges is necessary for the protection of the public and essential for the common interest, welfare, and safety of the residents and visitors of the City of Cedar Hill; and WHEREAS, the City of Cedar Hill finds that billboards have been found to contribute to traffic congestion and decreased traffic safety for users of public right-of-ways; and WHEREAS, the City of Cedar Hill has substantial interest in preventing traffic congestion and promoting safety to the users of it public right-of-ways; and WHEREAS, the City of Cedar Hill has a substantial interest in improving and preserving the aesthetic appeal of the City for its residents and visitors; and WHEREAS, the City of Cedar Hill finds that land use studies have confirmed the relationship between the visual attractiveness of transportation corridors, urban design, and economic opportunities within the City; and WHEREAS, the City of Cedar Hill finds that billboards use public right-of-way but do not produce a commensurate local benefit; and WHEREAS, the City of Cedar Hill finds that billboards do not enhance or provide any substantial economic value to the City of Cedar Hill; and WHEREAS, the City of Cedar Hill finds that prohibition of new billboards will substantially further the goals and policies of the City s adopted Comprehensive 1

18 Plan relating to urban form and the relationship between the aesthetic image of the City and its economic prosperity; and WHEREAS, it is the intent of the City of Cedar Hill to continue in effect the prohibition of billboards while clarifying other provisions of the City s sign regulations; and WHEREAS, the City of Cedar Hill finds that its citizens have had and will continue to have sensory response to the City s physical environment and that good urban design practices can bolster the City s citizens sense of well-being and civic pride; and WHEREAS, the City of Cedar Hill has taken note of the study conducted by Stephen Klineberg, PhD. of the Rice University Texas Environmental Survey which found that some 79% of Texans agree that there should be no more billboards on Texas highways; and WHEREAS, the City of Cedar Hill finds that some distinct and express purposes of its adopted Comprehensive Plan are to reduce visual clutter and improve visual character along roadways, to ensure that signage does not create confusion, unsightliness or visual obscurity, to preserve and enhance the City s image by reducing the number of signs along major corridors and by strengthening limitations on signage along such major travel corridors, and to eliminate redundancy, clutter and chaotic effect that an overabundance of signs has on the City s visual environment; and WHEREAS, the City of Cedar Hill finds that nothing in this ordinance improperly limits any communication or expression of ideas as the City finds that other outlets for communication and expression are readily available in the City; and WHEREAS, the City of Cedar Hill finds that it is in the best interests of its residents and visitors to repeal its existing sign ordinance and adopt a new ordinance in place thereof to provide for changes in the City s sign regulations and that such changes further the public health, safety, and general and economic welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILL: SECTION 1. REPEAL OF CHAPTER 4, ARTILCE XII Chapter 4, Article XII of the Code of Ordinances of the City of Cedar Hill, Texas, is hereby repealed in its entirety and replaced by this ordinance. SECTION 2. ADOPTION OF NEW SIGN REGULATIONS AS CHAPTER 4, ARTICLE XII 2

19 The following is hereby adopted as Chapter 4, Article XII, Signs, of the Code of Ordinances of the City of Cedar Hill, Texas: DIVISION 1. GENERALLY Sec Definitions. As used in this division: Attached sign shall mean any sign attached to, applied to, applied on or supported by any part of a building (such as a wall, roof, window, canopy, awning, arcade or marquee) which encloses or covers usable space. Awning shall mean a shelter supported entirely from the exterior wall of a building. Awning sign shall mean a sign whose message is directly applied to an awning of a building. Banner signs (temporary) shall mean possessing characters, letters, illustrations, or ornamentation; applied to non-rigid light weight fabric or similar material; intended to be hung without frames. Billboard is a sign which promotes or advertises commodities or services available at a location other than where the sign is located and shall include those signs whose message space is available for lease, rent or hire. Canopy shall mean a roof-like structure designed to provide protection for objects, pedestrians and vehicles. Canopy sign shall mean a sign mounted on or attached to a canopy. Changeable electronic variable message sign (CEVMS) shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard. Commercial sign shall mean any sign containing or conveying a commercial message. Commercial message shall mean wording on any sign, logo, or other representation that, directly or indirectly, names, advertises or calls attention to business, product, service, or other commercial activity. 3

20 Conforming sign shall mean a sign which is lawfully in place and which complies with all lawful regulations. Construction sign shall mean any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the construction or improvement of the premises on which the sign is located. Controlled sign shall mean any sign which is visible from and intended to be seen by travelers on any public roads. Decorative flag shall mean a flag or banner that contains no name, initials, logos, insignia or similar items and is used primarily to attract attention or convey a message. Development sign shall mean any temporary, on-site promotional sign pertaining to the development of land. Directional sign shall mean any onsite sign to direct the public to entrances, exits, and services relating to the property. Directory sign shall mean any sign listing occupants within shopping centers, industrial sites, retail districts, office districts, and commercial sites. Facade shall mean any separate face of a building, including parapet walls and omitted wall lines, or any part of a building oriented in the same direction, or in directions within 45 degrees of one another, which are to be considered as part of a single facade. Face shall mean the surface of the sign upon, against, or through which the message is displayed or illustrated, not including the sign structure or frame. Ground sign shall mean any sign which is erected on vertical framework consisting of uprights supported by the ground. Illuminated sign shall mean any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes, or other means that are specifically placed to draw attention to, to light up, or to provide nighttime viewing of the subject matter on the sign face. Kiosk sign shall mean a free-standing structure located in City rights-of-way that features the City of Cedar Hill Identification Panel at the top of each structure and displays directional information to new homes, developments, and municipal or community events or facilities. Logo shall mean a design or insignia of an organization, individual, company or product which is commonly used in advertising to identify that organization, individual, company or product. 4

21 Multi-tenant sign shall mean any sign that advertises more than one business or occupant. Menu board sign shall mean an outside sign utilized by the public patronizing a drive-through business as to bill of fare or other products or services. Mural sign shall mean noncommercial pictures, which do not depict advertising, logos, or images of a product or service which is sold on the premises, painted on, or attached to the exterior walls. Non-commercial sign shall mean any sign that does not contain or is not used to convey a commercial message. Nonconforming sign shall mean any sign which does not now conform to the requirements of the zoning district in which it is located or the zoning ordinance standards, but that did meet all requirements prior to adoption or amendment of this article. Official sign shall mean a sign erected by public officers or public agencies within their territorial jurisdiction for the purpose of carrying out an official duty or responsibility. On-site sign shall mean any sign identifying or advertising a business, person, organization or activity installed on the same premises which such business, person, organization or activity is located. Activity includes the manufacture or sale of the products of a business. Any non-commercial signs are deemed onsite and are allowed wherever signs are allowed in accordance with provisions of this ordinance, the objective criteria set forth in the Tables Attachment A and Attachment B which are incorporated herein as if fully set forth and made a part hereof. Off-premise sign shall mean any sign, commonly known as a billboard, that advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign in installed and maintained. Pennant shall mean a device typically made of a lightweight plastic, fabric or other material usually triangular in shape and attached to a single cord. Portable and/or display sign shall mean a sign or display surface temporarily fixed to a standardized advertising or structure which can be regularly moved from location at periodic intervals and is not permanently affixed to the real property. Premises shall mean for any developed property, an area of real property constituting the lot, parcel or tract of land which encompasses all the buildings, structures, appurtenances and land held under common ownership and devoted to common use, including a shopping center; for any undeveloped 5

22 property premises shall mean an area of real property constituting a lot, parcel or tract of land. Projecting sign shall mean a sign that is attached or affixed perpendicularly or more perpendicularly than parallel to a building wall or structure other than a pole and extends or projects from it more than twelve (12) inches. Protective sign means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including but not limited to, bad dog, no trespassing and no solicitors. Real estate sign shall mean any temporary sign pertaining to the sale or rental of property. Residential district shall mean a district zoned for residential use in the City of Cedar Hill comprehensive zoning ordinance excluding multi-family. Sign area calculation of, shall mean the actual area of the face of the sign, unless the sign is not of a regular (square, rectangle, triangle, and circle) shape. In the case of an irregular-shaped sign, the gross surface area shall be calculated by enclosing the extreme limits of the sign by no more than four rectangles. The sum of these rectangles shall be the gross surface area. However for each rectangle over one, the maximum allowed square footage shall be reduced by ten percent. Sign area shall not be less than illuminated area of the sign. In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign code application area shall mean the corporate limits of the city and the area of its extraterritorial jurisdiction as defined by Section of the Local Government Code. Vehicle sign shall mean signs mounted on a vehicle, including trailers, normally licensed by the State of Texas. Temporary sign shall mean any sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames which is not permanently attached to the ground, wall or building, and which is intended to be displayed for a short period of time only. Visibility triangle shall mean a triangle sight area, at all intersections, which shall include that portion of public right-of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points 35 feet back from their intersection. 6

23 Sec Permit Required. Except as provided in sections and through any person, firm, partnership, association or corporation desiring to place, locate, erect, construct, reconstruct, replace, renovate, repair or alter any part of a sign, including the face, supporting structure or other integral part regulated by this division must have obtained a written permit from the city. Sec Same Prerequisites for submission. Before any permit required by Section may be submitted for formal issuance, the applicant shall comply with the following requirements, and all items and materials required for submission shall be filed with the Building Official as prescribed herein: (1) A written application on a form prescribed by the City, which requires the following information: a. Name of applicant. b. Complete address and telephone number of applicant. c. The business or occupation of the applicant, together with the full legal name of the business, the full address and telephone number of the business. d. The street address and legal description of the site of the proposed placement, together with the name, complete address and telephone number of the owner of such site. (2) The applicant shall submit design drawings for approval showing construction details for the sign and sign structure, together with a plot plan showing the placement of the sign on the property or structure. Signs which exceed ten (10) feet in height above the ground shall be certified by a licensed professional engineer. (3) A schematic drawing showing the proposed placement and location of lights or illuminating effects to be placed upon such sign. Sec Decision on permit; appeal. Within ten (10) days after determining that the application for a sign permit is complete, the building official shall either approve the application or deny the application based upon the objective criteria set forth herein, unless the application is submitted in conjunction with an application for a building permit, in which case the building official must render his decision no later than the date of final action on such permit. In the event the sign permit application is denied, 7

24 the building official shall specify the section or sections of the sign regulations with which the application is inconsistent. The applicant may appeal the denial of a sign permit application by the building official to the sign review board of appeals by filing a written notice of appeal within ten (10) days of the building official s decision. The board shall consider and take action and render a recommendation on the appeal within twentyone (21) days after the notice of appeal has been filed. The board shall determine whether the decision of the building official shall be reversed, sustained or modified. See Section (4) for exception procedures. Sec Non-commercial signs. A non-commercial sign shall be authorized in any location that a commercial sign is allowed under this article XII, or as otherwise authorized by law, and shall be located, designed and constructed to the same specifications as such authorized commercial sign. Temporary detached non-commercial signs will be allowed in accordance with Attachment B. Sec Certain signs exempted from permit regulation. The following signs may be erected or maintained without the issuance of a permit by the City: (1) Signs advertising the sale or lease of property upon which they are located: a. Undeveloped property: Signs of this nature no larger than thirty-two (32) square feet will be allowed for maximum of one (1) year. b. Residential property: Signs pertaining to the sale or rental of property not exceeding eight (8) square feet in area and pertaining only to the property on which they are located and nameplates not exceeding one (1) square foot in area, containing only the name of the occupant of the premises. (2) Signs erected for the protection of life or property including those which provide information about utility lines. (3) Signs that are not visible from public roads or obviously not erected for the purpose of their message being seen from public roads. (4) Official signs. (5) Signs of not more than thirty-two (32) square feet showing the name of a ranch or farm. (6) Directional signs or traffic signs. 8

25 (7) Temporary political signs, which will not be regulated by this section. (8) Seasonal decorations and displays during the period beginning November first of each year and ending the first Monday after January first of the next succeeding year. (9) Nothing in this chapter shall be construed to prevent the display of a national flag and/or state flag whose size does not exceed 40 square feet and which flag is displayed upon a flagpole which does not exceed 30 feet in height. All national flags or state flags in excess of the foregoing sizes must apply for an exception. (10) Signs in residential housing districts with dimensions less than set forth in Attachment B are exempt from permit. (11) Kiosk Signs. (12) Mural Signs Sec Prohibited signs. (1) No sign shall be erected or altered to include animation, parts which move, or flashing or blinking lights which may be distracting to motorists. This prohibition does not include time and temperature signs. (2) Advertising by means of a balloon or other inflated sign anchored to the ground, a building or other structure is prohibited. (3) No illuminated sign shall be permitted to produce visual discomfort for viewers on other properties or on adjacent streets. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. (4) No person shall cause to be erected or maintained any sign using any combination of forms, words, colors or lights which imitate emergency signs or signals. (5) Searchlights are specifically prohibited. (6) No person shall attach any sign, paper or material, or shall paint, stencil or write any name, number (except house numbers) or otherwise permanently mark on any sidewalk, curb, gutter or street. (7) Signs located on public property including, but not limited to, signs attached to any public utility pole or structure, street light, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property. (8) Off-premises temporary real estate directional signs are prohibited. 9

26 (9) No sign shall be located on or project over the roof of a building. (10) No person shall paint a sign or attach a sign, other than a nameplate sign or a protective sign, to the outside of a fence, railing or a wall which is not a structural part of a building, whether or not such fence, railing or wall is on the property line. (11) Subject to the Subsection 14 herein, no sign shall be allowed which moves by any means. (12) The use of exposed tubes which contain luminescent inert gases, including, but not limited to, neon, argon and krypton, and which are visible from the exterior of structures, is specifically prohibited except as an attached sign which shall conform to this chapter. (13) It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. (14) Vehicular signs are prohibited except for the following: a. Vehicles of the town. b. Vehicles owned and operated by another governmental entity. c. The primary purpose of the vehicle on which the vehicular sign is located is not for display of the sign. d. The signs are painted upon or applied directly to an integral part of the vehicle. e. The vehicle on which the vehicle sign is located is not used primarily as static displays advertising a product or service. (15) Projecting Signs. (16) Decorative Flags and pennants (17) Billboards shall not be permitted. (18) Prohibition of New Off-premise Signs. From and after the effective date, no new construction permit shall be issued for the erection of an offpremise sign, including but not limited to a new off-premise CEVMS or the conversion of an existing non-cevms off-premise sign to a CEVMS, within the Sign Code Application Area. Sec Standards. All signs regulated by this division and erected from and after March 12, 1991, shall meet the standards imposed herein. Signs which were in existence and in place on such date and which meet the standards imposed by the Chapter shall be classified as "conforming signs." Signs which were in existence and in place on such date and do not meet the standards imposed by this Chapter 10

27 shall be classified as "nonconforming signs." The maximum sign area prescribed herein shall be applied to a sign with one (1) face. A sign constructed with more than one (1) face shall contain in the aggregate of all faces not more than twice the maximum area prescribed. The maximum interior angle between sign faces shall be ninety (90) degrees. Sign standards shall be as follows: (1) Design requirements: a. Size: The area of signs shall be measured by the smallest square, rectangle, circle or combination thereof which will encompass the entire sign. The maximum size limitations shall apply to each side of the sign individually, but exclude the base or structural support members. See definition of sign area calculation. b. Lighting: Signs may be illuminated, subject to the following restrictions: Lights which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the roadway and which cause glare or effectively impair or otherwise interfere with any driver's operation of a motor vehicle are prohibited. c. Height: The height of a sign shall be measured as follows: 1. Ground or pole sign within one hundred (100) feet of a street abutting the property on which the sign is located: From the top of the curb to the nearest street adjacent thereto or, if there is not curb, from a point six (6) inches above the edge of the road surface to the top of the sign structure. d. Construction: All signs constructed according to this division will be allowed no more than two (2) sides: (2) Location and spacing. 1. All signs greater than ten (10) feet in height must have construction drawings with an engineer's seal of a licensed, professional engineer, and such drawing shall be submitted to the city with the application for a permit. All component parts and materials, as well as the completed structure, shall have tolerances and strength of at least thirty (30) pounds per square foot. 2. An electrical sign or signs which require electric power must have the Underwriters Laboratories (UL) label. a. Permanent detached signs shall be in compliance with the following table: See Attachment A, incorporated herein as if fully set forth. 11

28 b. Attached signs shall be installed in compliance with the following schedules: 1. An attached sign located at a height up to thirty-six (36) feet or less, the sign area is limited to two (2) square feet of sign area for each lineal foot of building frontage not to exceed one hundred (100) square feet. 2. An attached sign located at a height of thirty-six (36) feet shall be permitted an increase in maximum effective area. Such increases shall not exceed four (4) square feet in effective area for each additional one (1) foot of height above thirty-six (36) feet measured from the base of the sign. 3. Attached signs may be located on each façade; however, the sum of the effective area of all attached signs shall not exceed twice the allowable effective area as specified in above paragraphs (a) and (b). 4. Maximum letter/logo height of attached signs shall be determined by the following schedule (the sign height shall be measured from the base of the sign to the ground): Maximum Letter/Logo Sign Height (feet) Height (inches) Letter heights in excess of the amounts stated shall be approved only by the sign review board of appeals. The above table represents the maximum letter and/or logo height in each individual sign height category. Where the sign is totally composed of individual mounted letters, either one (1) letter or logo may be twenty-five (25) percent taller than the specified maximum letter/logo height. 5. A metal back is required for all attached wall signs. Wood back or faces are prohibited. 6. There shall be only one (1) sign for each façade for each tenant. 7. No attached sign shall extend above the roof or façade height. 12

29 8. Window signs: Signs in windows facing public right-of-way are limited to forty (40) percent of the window area per façade. 9. Directional signs attached to the building shall not count against the sign area or number of signs listed above. 10. Special exceptions: A. Buildings larger than thirty thousand (30,000) square feet and with a minimum setback from the street of one hundred (100) feet will be allowed attached signs that are in compliance with the following: 1. One attached sign will be limited in area to seven and one-half (7.5) percent of the front façade of the building. For each additional sign placed on the building the maximum amount of sign face total for the building façade will be reduced by onehalf (1/2) percent. 2. Maximum letter/logo height shall be limited to the following: (a) Buildings with a setback of one hundred (100) to one hundred fifty (150) feet a maximum letter height of five (5) feet. (b) Buildings with a setback of one hundred fifty-one (151) to two hundred (200) feet a maximum letter height of six (6) feet. (c) Buildings with a setback of two hundred (200) to three hundred (300) feet a maximum letter height of eight (8) feet. (d) Buildings with a setback of three hundred (300+) feet a maximum letter height of ten (10) feet. 3. This exception shall apply to only one (1) façade of any building. All other facades shall comply with this section. 4. Free standing building with a minimum building foot print of 75,000 square feet is 13

30 allowed attached sign on all sides that are in compliance with (1) and (2) above. c. Menu Boards signs: 1. Shall be located behind the front of the building. 2. Will be limited to no more than two (2) signs per drive thru lane. 3. Shall be no greater than thirty-two (32) square feet. 4. Shall be no taller than eight (8) feet in height. 5. A permit for each sign is required. 6. A menu board does not count towards the number of detached signs allowed on the property. d. Portable signs: 1. Portable signs may not exceed four (4) feet by eight (8) feet per side in size or thirty-two (32) square feet in total area. 2. Before erecting a portable sign, a permit must be obtained. The fee shall be thirty-five dollars ($35.00). Portable signs may be erected for no more than two (2) weeks at a time. Each business address may have a portable sign once each year for fourteen (14) consecutive days. 3. No more than two (2) portable signs may be placed per city block, and no portable sign shall be closer than five hundred (500) feet from another portable sign. 4. Portable signs shall not be placed on the city right-of-way and shall be placed so as not to obstruct the vision of traffic. 5. Portable signs shall not employ flashing, intermittent or neon lights. Signs with interior light faces are permitted. 6. Churches and schools are exempt from the permit fee for portable signs. e. Special event signs: Special events and other temporary signage in addition to the permissible signs authorized herein, the following temporary on premise signs are permitted: 14

31 Upon approval of a special sign permit, banners, pennants, search lights, streamers and balloons may be displayed to alert the public of business grand openings, special sales or events. Special event signage shall be contained to the location that has obtained the permit. All signage shall be made of safe materials and erected and displayed in a safe manner. 1. Special event signage shall not be erected, placed or displayed without first obtaining a permit. 2. Special event signage shall be permitted for duration of no more than fourteen (14) consecutive days. 3. No more than four (4) special event permits shall be issued for any one business during any calendar year. 4. Special event permits cannot be issued in a consecutive nature. A minimum of thirty (30) day interval must pass from the expiration of one special event permit to the issuance of another permit. 5. Applicant shall submit permit applications with a drawing that shows the size, shape, content, height, type of materials and location of such signage. The permit fee shall be fifty dollars ($50.00). 6. Any signage erected in violation of this article or decreed unsafe shall be subject to immediate removal. f. Temporary signs shall be incompliance with the following table: See Attachment B, incorporated herein as if fully set forth. g. Canopy signs: Sec Reserved. a. Shall not exceed in length seventy-five (75) percent of the length of the canopy face and not more than eighty (80) percent of the canopy height. b. Shall not project above or below the face of the canopy. c. Shall not be more than one (1) sign or logo per elevation of the canopy. d. No more than four (4) canopy signs per premises will be allowed. e. In no case shall sign or logo exceed twenty (20) square feet. 15

32 Sec Sign Kiosks. (1) The City Council may, by duly executed license agreement, grant the exclusive right to design, erect and maintain kiosk signs within Cedar Hill. (2) Kiosk signs must be designed and constructed according to the specifications contained in the aforementioned license agreement. (3) Prior to erecting any kiosk sign, the licensee shall submit a sign location map to the Code Enforcement Supervisor and the Building Official for approval. (4) Kiosk sign installations shall include break-away design features as required for traffic signs in the street right-of-way. (5) No signs, pennants, flags or other devices for visual attention or other appurtenances shall be attached to kiosk signs. (6) Kiosk signs shall not be illuminated. (7) Individual sign panels on kiosk signs shall have a uniform design and color. (8) Kiosk signs shall not interfere with the use of sidewalks, walkways, bike and hiking trails; shall not obstruct the visibility of motorists, pedestrians or traffic control signs; shall not be installed in the immediate vicinity of street intersections; and shall comply with the requirements of the twenty-five (25) foot visibility triangle or other visibility easements. Sec Enforcement and penalty. Any person who shall violate any provision of this article or shall fail to comply therewith or with any requirement thereof shall be guilty of a misdemeanor and upon conviction shall be liable for a fine in an amount to not exceed that allowed by state law. Sec Nonconformance and exceptions. (1) Purpose. Every sign or other advertising structure in existence upon adoption of this article which violates or does not conform to the provisions hereof shall not be moved, altered or repaired unless it is made to comply with all provisions of this article. For the purposes of this section, alteration or repair shall mean at least sixty (60) percent of the replacement cost of the subject sign. The building official shall determine whether the proposed alteration or repair exceeds sixty (60) percent of the replacement cost. (2) Damaged nonconforming signs. Nonconforming signs which are damaged in excess of sixty (60) percent of their current value must be 16

33 demolished and not repaired unless such proposed repairs would bring the sign into compliance with the provisions of this Chapter. (3) Condemnation; notice: Signs adjudged by the building official to be structurally unsafe or to be more than fifty (50) percent destroyed or dilapidated may be condemned. A condemnation letter will be sent to the owner of the property, listed on the city tax roll, stating that the sign must be removed within fifteen (15) days of the receipt of the letter. If the sign is not removed within the period allotted, the city may remove the sign at the property owner's expense. (4) Board established; appeals and exceptions. Appeals and exceptions to these regulations shall be heard by five (5) or more members of the Building Appeals and Advisory Board. The building official shall be ex officio member and shall act as staff to the board. The board shall have the authority to adopt reasonable rules and regulations for the enforcement of the signs regulations and the authority to make recommendations to the city council. The board may consider appeals from a decision of the building official on a sign permit, and may grant exceptions on the basis that the application of such regulations and/or standards will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship. a. Required Information. The applicant shall first file a written application for exception form furnished by the Building Inspections Department. Every such application shall contain the following information: 1. Name, address, and telephone number of the applicant. 2. Name, address, and telephone number of the owner of the property on which the sign will be located. 3. Name, address, and telephone number of person or firm erecting the sign. 4. A description of the work to be covered by the permit for which application is made. 5. Location of the building structure or lot upon which the sign is to be attached or erected. 6. Message to be contained on proposed sign. 7. State the valuation of proposed work. 17

34 8. The signature of the permittee or his authorized agent. 9. Name of business for which the sign application has been made. b. Plans and Specifications. Scaled plans or dimensional sign detail shall be submitted in duplicate with each application for a permit and contain the following information: 1. Drawing of sign indicating the sign message or copy. 2. Elevation plan of the building showing the proposed sign on the building, the length of the elevation, and any other existing signs on the elevation along with the dimensions of such signs. 3. Site plan indicating street frontage, property lines, sign visibility triangles, proposed and existing rightsof-way, location of sign on property, relationship of proposed sign to ingress and egress points, and relationship of proposed sign to any other signs within a sixty (60) foot spacing of the proposed sign and location of all detached signs on the site. c. Quorum. All cases brought before the Board, under this ordinance, must be heard by no less than five members. A concurring vote of five members is required to grant a variance of this ordinance or to overrule any decision or interpretation made under this ordinance by the Building Official. d. Board Decision. The decision of the Board shall be final as to administrative remedies. No appeal to the Board for the same variance on the same piece of property shall be allowed prior to the expiration of two years. Any variance granted by the Board expires unless a permit securing the variance has been applied for within ninety (90) days from the date of the decision. An applicant whose sign permit is denied by the Board may appeal the Board s decision to the City Council. The appeal request must be submitted in writing within ten (10) days of the Board s decision. The Board is empowered to approve variances to the provisions of this chapter in the following areas: 1. Height regulations; 18

35 2. Area regulations; 3. Setback regulations; 4. Material regulations; 5. Number of signs A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss. In order to grant a variance from this Chapter the Board must determine that: 1. The requested variance does not violate the intent of this Chapter; 2. The requested variance will not adversely affect surrounding properties; 3. The requested variance will not adversely affect public safety; 4. Special conditions exist which are unique to this applicant or property; 5. That the sign had not been installed prior to obtaining a permit. An applicant is not eligible for a variance if the sign was installed prior to obtaining a sign permit. e. Changeable Electronic Variable Message Sign Approval Process. 1. Changeable electronic variable message (CEVMS) sign may be approved for onsite advertising through the following procedure. 2. Procedure. A property owner or the owner s authorized representative may file with the Building Official an application to allow the placement of a CEVMS in a sign code compliant location. Upon filing of an application, the Building Official will within 10 business days determine if the application is complete. If incomplete, the form shall be returned to the applicant noting areas of deficiency. If complete, the application will be sent to the Building Appeals and Advisory Board for a public hearing. The Building Appeals and Advisory Board shall make a recommendation to the City Council for approval or 19

36 denial. The City Council shall hear the request at the next scheduled City Council meeting, in accordance with the preset schedule for meeting, for a public hearing. 3. CEVMS Criteria A. Sign must be in compliance with the attached or detached sign regulations for sign height, area and setbacks set forth in this chapter. B. The development on which the sign is proposed has a structure or structures that contain a minimum of 730,000 square feet of area. C. The platted tract or tracts of land within the development shall contain a minimum of 74 acres of land. D. The property on which the sign is proposed to be located must front Highway 67 or a public street that runs parallel to Highway 67 and is visible from the highway. E. A CEVMS shall not emit an audible sound. F. No CEVMS shall be approved within a two mile radius of another CEVMS. f. Each applicant applying for a variance to the Board shall pay a filing fee of one hundred fifty (150) dollars. If the variance is requested for multiple signs at one location, an additional fee of twenty-five (25) dollars for each sign in excess of one shall be paid. DIVISION 2. TEMPORARY POLITICAL SIGNS Sec Definition. As used in this division, the term "political sign" shall be deemed to mean any temporary sign or advertisement which can be erected only on private property for the sole purpose of advertising a position on a political candidate or ballot measure, or the candidate or measure. Political signs are not regulated under Division 1. Sec Preemption to an extent by statute. 20

37 To the extent regulation of political signs by a municipality is preempted and controlled by Texas local Government Code, Section , that section applies herein as if fully set forth. To the extent political signs are not subject to such statutory regulation; they shall be regulated as any other non-commercial signs as provided herein. Sec Prohibited on public property. No person shall place or cause to be placed a political sign on any public property within the corporate limits of the city except on the day of the election. Sec Prohibited on utility poles. No person shall place or cause to be placed a political sign on any utility pole or tower within the corporate limits of the city. Sec Nonconforming signs declared public nuisance. In addition to the penalties prescribed in this division, any political sign not posed in accordance with the provisions of the division shall be deemed a public nuisance and shall be subject to removal by the candidate, property owner, city official, or when a proposition is involved, the person advocating the vote described on the sign. 21

38 ATTACHMENT "A" Permanent Sign Detached Sign Table (D) Zoning District Land Use Land Condition Time Limit Sign Structure Type (A) Max Area (sq. ft.) (A) Max Height (feet) (A) Min. Setback (feet) Max # of signs Permitted All zoning districts Vacant land None None 0 0 None All zoning districts Lot occupied by a single family dwelling None 1 1 per parcel Frontage along Hwy. 67 None (F) All non-single family and nonmultifamily zoning districts (E) Lot occupied by a nonresidential building Frontage along street other than Hwy. 67 and within 200 ft. of Hwy. 67 Frontage along street other than Hwy. 67 and >201 ft but < 500 from Hwy. 67 None (F) None (F) Frontage along street other than Hwy. 67 and more than 500 ft from Hwy. 67 None 64 (B) 20 8(B) All multifamily zoning districts Lot occupied by apartment or a nonresidential structure None per street frontage (C) 22

39 All single family zoning districts Occupied by a nonresidential structure Lot is one acre or more None per parcel Lot occupied by a ranch/farm Lot is one acre or more None 32 1 per parcel (A) = If the lot is within the Uptown Overlay Zoning District and is NOT located between Clark Road and Belt Line Road then: Maximum height = 8, Maximum area = 64 feet and minimum setback is 8 feet. The maximum area may be increased to 100 sq. ft. if the minimum setback is increased to 15 feet. (B) = Maximum sign area may be increased to 100 square feet if the minimum sign setback from property line is increased to 15 feet. (C) = After the initial 750 feet of street frontage, an additional detached shall be allowed for each additional 600 feet of frontage or portion thereof. (D) = Single family districts includes SF-7, SF-8.5, SF-10, SF-15, SF-22, SF-E, SF-RR, & PD districts for residential uses; Multifamily districts = MF and PD-MF zoning districts & nonresidential districts = NS, LR, C, CC, IP and I zoning districts. (E) = Multi-tenant signs must be approved by sign board. (F) 1 sign per each 450 feet of lot road frontage with a minimum sign spacing of 225 feet. (G) Electric supply to sign must be under ground. 23

40 ATTACHMENT "B" Temporary Signs Detached Sign Table Land Use Condition Land Size Condition Zoning District Time Limit Max Area (sq. ft.) Max Height (feet) Min. Setback Max # of Signs Permitted 5 acres or more All districts Temporary 1 year or until sale None 1 per street frontage Vacant/undeveloped land Less than 5 acres Non-single family and multifamily districts Temporary 1 year or until sale 32 8 None 1 per street frontage Less than 5 acres Residential districts Temporary 1 year or until sale 8 6 None 1 per street frontage Land development Nonresidential districts Up to 90% complete None 1 per lot Residential districts Up to 90% complete None 1 per development Building construction Nonresidential districts Up to 90% complete 32 8 None 5 per development Residential districts Up to 90% complete 16 6 None 1 per lot Occupied by a non-residential structure Nonresidential districts Temporary 1 year or until sale None 1 per street frontage Lot occupied by a single family dwelling Residential districts Temporary 1 year or until sale 8 6 None 1 per lot 24

41 SECTION 3. SAVINGS CLAUSE In the event that any other ordinance of the City of Cedar Hill, Texas, heretofore enacted is found to conflict with the provisions of this ordinance, this ordinance shall prevail. SECTION 4. SEVERANCE CLAUSE If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 5. PENALTY Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be liable for a fine in an amount not to exceed Five Hundred Dollars ($500), and each and every instance of the violation of this ordinance constitutes a separate offense and shall be punishable by separate fines for each offense. SECTION 6. EFFECTIVE DATE Because of the nature of the interest and safeguard sought to be protected by this ordinance and in the interest of health, safety and welfare of the citizens of the City of Cedar Hill, Texas, this ordinance shall take effect immediately after passage, publication and the erection of appropriate speed limits signs, as required by law. SECTION 7. PUBLICATION The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. PASSED, APPROVED and ADOPTED by the City Council of Cedar Hill, Texas, on this the day of, 2013 ATTEST: Rob Franke, Mayor Lyn Hill, City Secretary APPROVED AS TO FORM: Ron G. MacFarlane, Jr., City Attorney 25

42 Agenda Date: August 27, 2013 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Consent #3 Agenda Item Wording: Consider authorizing the Mayor to execute a construction contract with H&H Electrical Contractors Inc. for the Meadowcrest Pump Station Switchgear Replacement and Emergency Generators project. Summary: This project consists of new switchgear, necessary electrical modifications and two (2) new emergency generators at the two (2) Meadowcrest Pump Stations located at 1204 Meadowcrest Lane. The electrical modifications include the installation of new motor controls as well as SCADA programming. The generators are necessary to ensure continuity of operations during severe weather events and power outages. On August 13, 2013, five (5) bids were received for the project. H&H Electrical Contractors, Inc. was the low bidder with a bid of $521,100. The project bids and contractor s references were reviewed and verified by City staff and Deltatek Engineering, the design engineer for this project. It is recommended that H&H Electrical Contractors, Inc. be awarded the construction contract for $521,100 and a $78,900 contingency for a not to exceed amount of $600,000. The Engineer s estimate for the project was $640,000. The design and construction of this project is funded by the FY2012/2013 Capital Improvement Program (CIP). This contract has been approved as to form by legal counsel. Funding Source: Water/Wastewater CIP Funds Recommended Action: Authorize the Mayor to execute the contract Department: Public Works Contact / Phone No: Elias K. Sassoon, P.E ext Attachments: Yes If yes, how many pages: 5

43 STANDARD FORM OF AGREEMENT STATE OF TEXAS } COUNTY OF DALLAS } THIS AGREEMENT, made and entered into this XX day of September, A.D. 2013, by and between The City of Cedar Hill of the County of Dallas and State of Texas, acting through Its Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and H&H Electrical Contractors, Inc. of the City of Terrell, County of Kaufman and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: MEADOWCREST PUMP STATION SWITCHGEAR REPLACEMENT AND EMERGENCY GENERATORS PW and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by DELTATEK ENGINEERING, 2211 TEXAS DRIVE, IRVING, TEXAS herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to complete the same within 180 calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. City of Cedar Hill, Texas Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR) By: Attest: Robert K. Franke, Mayor By: Attest:

44 August 14, 2013 Mr. Adam Campbell Operations Manager City of Cedar Hill 285 Uptown Blvd., Building 100 Cedar Hill, Texas Reference: Meadowcrest Pump Station Switchgear Replacement & Emergency Generators Project Number PW City of Cedar Hill, Texas Bid Recommendation On August 13, 2013, the City of Cedar Hill received five (5) responsive sealed bids for the renovation of the referenced facilities. Five (5) bidders were present at the bid opening. City staff asked if there were any objections to the bid process and those present responded that there were none. These bids have been tabulated and attached to this correspondence for your use. Deltatek Engineering has reviewed these bid documents and submits the following opinion and recommendation. Based on review of bid submitted by H&H Electrical Contractors, Inc., and previous experience with this contractor, it is our opinion that the low bidder is qualified to perform this task in accordance with renovation documents. Therefore, Deltatek Engineering has no objection to the City awarding this project to H&H Electrical Contractors, Inc., for the lump sum of $521, It should be noted that our Revised Opinion of Probable Cost was $648, after combining this task into one bid/construction project. Should you have any questions, please call me at Sincerely, DELTATEK ENGINEERING Bahram Niknam, P.E. Attachments: Bid Tabulation Raw Data Bid Sheet Attendees List Original Bid Documents 2211 Texas Drive, Irving, Texas Firm Registration Number F Fax

45 Bid/Project Name: MEADOWCREST PUMP STATION SWITCHGEAR REPLACEMENT AND EMERGENCY GENERATORS Bid/Project Number PW Bid Opening Date: August 13, 2013 Bids Issued: 9 Bids Rec'd: 5 1st Addendum: N/A Name of Bidder Address City, State, Zip Telephone / Fax Contact BID SCHEDULE # Item Qty Unit Unit Price H&H Electrical Contractors, Inc County Rd. 271 Terrell, TX / hhelectrical@msn.com Stephen Hilborn Bid 1 Extended Price Dal-Ec. Construction, Ltd. 408 Interchange Street McKinney, TX / ccook@del-ec.com Chad Cook Bid 2 Kennedy Electric Inc. MART, Inc. FSG 2502 Edinburgh St Perry Road 2525 Walnul Hill Lane, Ste 100 Mesquite, TX Irving, TX Dallas, TX / / / rick@kennedyelct.com ed.womelsdorf@martgc.com chad.lance@fsgi.com Rick Kennedy Ed Womelsdorf Chad Lance Bid 3 Bid 4 Bid 4 Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price OLD MEADOWCREST PUMP STATION 1 Mobilization. 1 LS $5, $5, $3, $3, $2, $2, $32, $32, $16, $16, Bonds & Insurance. 1 LS $8, $8, $14, $14, $12, $12, $14, $14, $13, $13, Demolition and removal of switchgear, motor starters, etc. 1 LS $5, $5, $3, $3, $4, $4, $14, $14, $9, $9, Furnish and install new motor control center. 1 LS $80, $80, $102, $102, $130, $130, $102, $102, $201, $201, Furnish and install new500 KW generator in weather proof enclosure 1 LS $117, $117, $120, $120, $134, $134, $135, $135, $132, $132, Furnish and install new conduit, wiring, terminations as required for a complete operable system. 1 LS $41, $41, $88, $88, $74, $74, $76, $76, $158, $158, SCADA terminations startup, and programming. 1 LS $14, $14, $19, $19, $16, $16, $21, $21, $16, $16, O&M training by factory authorized representative. Includes startup. 2 DA $2, $4, $1, $2, $ $ $6, $12, $0.00 $0.00 SUBTOTAL FOR OLD MEADOWCREST PS $275, $353, $377, $410, $547, NEW MEADOWCREST PUMP STATION 9 Furnish and install new 600 KW generator in weather proof enclosure. 1 LS $155, $155, $161, $161, $173, $173, $172, $172, $160, $160, Furnish and install automatic transfer switch. 1 LS $14, $14, $17, $17, $20, $20, $25, $25, $15, $15, Furnish and install new conduit, wiring, terminations as required for a complete operable system. 1 LS $62, $62, $47, $47, $55, $55, $120, $120, $143, $143, SCADA terminations startup, and programming 1 LS $12, $12, $17, $17, $14, $14, $13, $13, $14, $14, SUBTOTAL FOR NEW MEADOWCREST PS $245, $242, $264, $331, $332, Extended Price TOTAL ALL BID ITEMS: $521, $596, $641, $742, $880, Notes: Low Bidder Bid Bond Included Bid Bond Included Bid Bond Included Math Error in Subtotal Bid as Read $641, Does Not impact Bid Position or Overall Standing Bid Bond Included Bid Bond Included Low Bid Vendor: H&H Electrical Contractors, Inc. DELTATEK ENGINEERING FIRM REGISTRATION NO. F TEXAS DRIVE IRVING, TEXAS bn@deltatekeng.com 1

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48 Consent #4 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: August Agenda Item Wording: Consider authorizing the Mayor to execute a contract with McCreary, Veselka, Bragg & Allen (MVBA) for collection services for the Municipal Court. Summary: In 2010, the City chose Municipal Service Bureau (MSB) to collect all unpaid collections. In April 2013, the Court terminated the current contract with MSB for court collections. The primary reason for terminating the contract was MSB inability to provide the court with an electronic interface to automatically transfer cases and payments to the court software as promised in the original agreement. MSB will continue to collect on unpaid utility billing, fire department and library collections. In May 2013, the City developed a Committee comprised of Greg Porter, Deputy City Manage and Debbie Blevins, Court Administrator to solicit proposals from three firms to provide debt collection for the Municipal Court. The firms were assessed based on the following criteria: *Proven track record for Court collection rates and clearance rates *Years of Municipal Court Experience *Capability to transfer data and payments electronically After interviews were conducted, the Committee chose MVBA for collection services for the Municipal Court. The primary reason for selecting this firm was due to their interface with the court software which allows: *Automatic posting to all court accounts *Notifies police when a payment has been made *24/7 access to debtor information which includes new address/phone information *Unlimited access to special phone campaigns *Their willingness to assist the Court in pre-warrant collection at no extra charge Upon approval, the City retains complete control of the cases sent to them. It is expected that MVBA will start collecting on October 1, 2013: - Court cases imposed against unadjudicated offenses that occurred before June 18, 2003 (no fee charged) - Court fines and fees imposed against unadjudicated offenses that occurred on or after June 18, 2004 (30%fee) - Adjudicated offenses (court adjustments) regardless of the date of occurrence (30% fee) In accordance with Article of the Code of Criminal Procedure, Municipal Court collections will be borne by the defendant. In the event that no fines/fees are collected, the City owes MVBA nothing. The contract is for a term on one year and automatically renews on

49 the anniversary date. Either party may terminate the contract with thirty (30) days written notification; no penalties applied. The contract has been reviewed and approved by legal counsel as to form. Funding Source: N/A Recommended Action: Authorize Mayor to sign contract Department: Municipal Court Contact / Phone No: Debbie Blevins X Attachments: Yes If yes, how many pages: 4

50 CONTRACT FOR COLLECTION OF DELINQUENT MUNICIPAL COURT FINES AND FEES STATE OF TEXAS COUNTY OF DALLAS THIS CONTRACT is made and entered into by and between the CITY OF CEDAR HILL, TEXAS, acting herein by and through its governing body, hereinafter styled, "City", and McCREARY, VESELKA, BRAGG AND ALLEN, P.C., hereinafter styled "MVBA". I. The City agrees to retain and does hereby retain MVBA to provide legal services related to the enforcement of the collection of delinquent municipal court fines, fees, court costs, restitution, debts and accounts receivable and other amounts in accordance with Article , Texas Code of Criminal Procedure (hereinafter referred to in the agreement as Fines and Fees ). II. For purposes of this contract Fines and Fees shall be referred to MVBA no sooner than when determined to be delinquent as provided for in Article , Code of Criminal Procedure. The City shall have the sole discretion to determine the selection of the delinquent Fines and Fees and the frequency of referral of the delinquent Fines and Fees. At least once each month on a date or dates agreed upon by the parties, the City will provide MVBA with copies of, or access to, the information and documentation necessary to collect the Fines and Fees that are subject to this contract. The City shall furnish the information to MVBA by electronic transmission or magnetic medium. III. MVBA shall forward to the City all cashier s checks or money orders received by MVBA made payable to the City and any correspondence from defendants. Cashier s checks or money orders received by MVBA which are made payable to MVBA will be deposited daily into the MVBA Trust Account. MVBA may collect the amount due from the defendant by credit card or electronic draft which funds shall be deposited into the MVBA Trust Account. MVBA shall remit to the City, semi-monthly, all funds deposited into the MVBA Trust Account which pay the entire balance of a fines and fees account, along with an invoice detailing the docket number, name of defendant, amount paid by the defendant to MVBA or directly to the City and the MVBA fee percentage and fees earned for each case. The remittance from MVBA to the City shall include the fees earned by MVBA on the fines and fees collected. The City shall be responsible for the posting to the records of the City the payment of all fines and fees and accounts receivable collected pursuant to this contract.

51 IV. MVBA shall indemnify and hold the City harmless from and against all liabilities, losses and/or costs arising from claims for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of MVBA's performance of the services described in this contract. The indemnity provision of this contract shall have no application to any claim or demand which results from the sole negligence or fault of the City, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the City and MVBA, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. V. For the collection of Fines and Fees, the City agrees to pay to MVBA, as compensation for the legal services rendered the following fees: 1. For those Fines and Fees imposed against Unadjudicated Offenses that occurred before June 18, 2003, there is no fee due (0%) MVBA on the amount collected by the Court on those cases. 2. For those Fines and Fees imposed against Adjudicated Offenses regardless of the date of the offense, and against Unadjudicated Offenses that occurred on or after June 18, 2003, a fee of thirty percent (30%) of the amount of the Fines and Fees collected by the Court as provided by Article of the Code of Criminal Procedure on those cases in which the data files are transmitted to MVBA by electronic media. 3. In the event any case is disposed of by acquittal or dismissal, or if the fine, costs and/or fees are discharged through performance of community service, credit for jail time served, the discretionary removal of a collection fee by the Court or pursuant to of the Code of Criminal Procedure, no compensation shall be paid to MVBA by the City. All compensation due to MVBA shall become the property of MVBA at the time of payment of the fines and fees by the defendant. The City shall pay to MVBA said compensation on a monthly basis by check. VI. MVBA reserves the right to return to the City all accounts not collected within one (1) year of referral by the City, or identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. Contract for the Collection of Fines & Fees - Page 2 of 4

52 VII. The initial term of this contract is one year, beginning on the day of, 2013, and shall automatically renew on the anniversary date and continue in full force and effect thereafter from year to year for additional twelve month periods on the same terms and conditions unless either party delivers written Notice of Termination of Contract to the other party of its intent to terminate this contract at least thirty (30) days prior to each anniversary date of this contract. In the event that the City terminates this contract, MVBA shall be entitled to continue its collection activity on all accounts previously referred to MVBA for six (6) months from the date of receipt of the Notice of Termination of Contract and to payment of its fee, pursuant to Paragraph VII of this contract for all amounts collected on accounts referred to MVBA. The City may, at its discretion, refer additional accounts to MVBA after notice of termination has been received by MVBA. At the end of the six (6) month period, all accounts shall be returned to the City by MVBA. VIII. For purposes of sending notice under the term of this contract, all notices from the City shall be sent to MVBA by certified United States mail to the following address: McCreary, Veselka, Bragg & Allen, P.C. Attention: Harvey M. Allen P.O. Box 1310 Round Rock, Texas or delivered by hand or by courier, and addressed to: 700 Jeffrey Way, Suite 100, Round Rock, Texas All notices to the City shall be sent by certified United States mail or delivered by hand or courier, to the following address: City of Cedar Hill, Texas Attention: Greg Porter, Deputy City Manager 285 Uptown Blvd., Bldg #100 Cedar Hill, Texas This contract is made and is to be interpreted under the laws of the State of Texas. IX. In the event that any provision(s) of this contract shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable provision(s) had never been a part of this contract. Contract for the Collection of Fines & Fees - Page 3 of 4

53 X. In consideration of the terms and compensation herein stated, MVBA hereby agrees to undertake performance of said contract as set forth above. The City has authorized by order heretofore passed and duly recorded in its minutes the chief executive officer to execute this contract. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. WITNESS the signatures of all parties hereto this, the day of, A.D CITY OF CEDAR HILL, TEXAS, Mayor McCREARY, VESELKA, BRAGG & ALLEN, P.C. Gilbert T. Bragg Attorney at Law Contract for the Collection of Fines & Fees - Page 4 of 4

54 Regular #1 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: August 27, 2013 Agenda Item Wording: Consider authorizing the Mayor to execute a contract with Gomez Floor Covering, Inc. for the replacement of the Zula B. Wylie Public Library carpet. Summary: In 2003, the City planned a capital project to expand the existing library. The Library expansion project has been delayed due to the downturn in the economy and the City not having the debt capacity to support the required debt payment for a new library. The carpet in the library was installed in approximately At the recent Streets & Facilities CIP Workshop, the City Council authorized staff to include this project in the 2013 CIP; however, the carpet is stained and torn in several places. Staff is proposing the use of existing capital funds. Gomez Floor Covering, Inc. is a highly recommended company that has the equipment and experience to move the shelves loaded with books, remove the existing carpet and lay the new carpet tile at a cost of $28, They are also a member of Buy Board Purchasing Cooperative which does not require the City to receive additional bids. The cost includes a 15% contingency. Funding Source: 2013 CIP Funds Recommended Action: Authorize the Mayor to execute contract Department: Library Contact / Phone No: Toni Simmons ext Attachments: Yes If yes, how many pages: 1

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56 Regular #2 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Date: August 27, 2013 Agenda Item Wording: Consider adopting Ordinance No amending the Code of Ordinances to include prohibiting on-street parking City-wide within twenty-five (25) feet of the entrance to an alley. Summary: On July 25, 2013 the Traffic Safety Committee met and discussed concerns received from the Highlands South neighborhood organization regarding individuals who park at the intersection of the street and alleys which makes ingress/egress difficult at the alley entrances. The Traffic Safety Committee recommends amending the Code of Ordinances, Article III, Chapter 11, Section to add (a)(2)d., prohibiting on street parking at the entrance to an alley within twenty-five (25) feet of a projected line along the edge of any alley pavement, measured along the curb line or along the edge of pavement if there is no curb. The attached proposed ordinance has been reviewed and approved by legal counsel. Funding Source: N/A Recommended Action: Adopt Ordinance No Department: Public Works Contact / Phone No: Elias K. Sassoon, P.E x Attachments: Yes If yes, how many pages: 4

57 ORDINANCE NO AN ORDINANCE OF THE CITY OF CEDAR HILL, TEXAS, AMENDING ARTICLE III, CHAPTER 11, SECTION , OF THE CODE OF ORDINANCES OF THE CITY OF CEDAR HILL, TEXAS, PROHIBITING PARKING WITHIN TWENTY-FIVE (25) FEET OF AN ALLEY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES, PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Cedar Hill, Texas, is a home-rule municipal corporation within the State of Texas with full power of local self governance; and WHEREAS, the City Council of the City of Cedar Hill, Texas, finds and determines that it is in the best interest of the health, safety and welfare of the citizens of the City of Cedar Hill, Texas, to prohibit parking within twenty-five (25) feet of alleys. NOW, THEREFORE, be it ordained by the City Council of the City of Cedar Hill, Texas, that: SECTION 1. AMENDMENT OF ARTICLE III, CHAPTER 11, SECTION The City Council of the City of Cedar Hill, Texas, hereby amends Article III, Chapter 11, Section of the Code of Ordinances of the City of Cedar Hill, Texas as follows: Sec Stopping, standing or parking prohibited in specified places. (a) Except as provided by subsection (c) and except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official trafficcontrol device, no person shall: * * * (2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a. In front of a public or private driveway; b. Within fifteen (15) feet of a fire hydrant; c. Within twenty (20) feet of a crosswalk at an intersection; d. Within twenty-five (25) feet of a projected line along the edge of any alley pavement, measured along the curb line or along the edge of pavement if there is no curb. e. Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway; Page 1 of 3

58 f. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly signposted); g. At any place where official signs prohibit standing; h. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; i. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; j. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; k. On any railroad track; l. At any place where official signs prohibit stopping. SECTION 2. SAVINGS CLAUSE * * * In the event that any other Ordinance of the City of Cedar Hill, Texas, heretofore enacted is found to conflict with the provisions of the Ordinance, this Ordinance shall prevail. SECTION 3. SEVERANCE CLAUSE If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such shall be deemed to be a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions thereof. SECTION 4. INCORPORATION INTO THE CODE OF ORDINANCES The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Cedar Hill, Texas, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately upon the passage, approval and adoption by the City Council of the City of Cedar Hill, Texas. SECTION 6. PUBLICATION The City Secretary is hereby authorized and directed to cause publication of the descriptive Page 2 of 3

59 caption and penalty clause hereof as an alternative method of publication as provided by law. PASSED, APPROVED and ADOPTED by the City Council of the City of Cedar Hill, Texas, on this day of, ATTEST: Rob Franke, Mayor Lyn Hill, City Secretary APPROVED AS TO FORM: Ron G. MacFarlane, Jr., City Attorney Page 3 of 3

60 50 Street Right Of Way 25 Typical Residential Street ROW Visibility Triangles 10 x 10 per City Ordinance 25 No Parking Zone 15 Alley Right Of Way ROW ALLEY ROW 10 Alley Pavement Visibility line of sight Extension of visibility line of sight ROW 25 No Parking Zone FIGURE 1 25 ALLEY NO PARKING ZONE S T R E E T