3. Presentation of a proclamation declaring September 11, 2017 as Patriot Day in Oak Point, Texas. (Palmer) REGULAR AGENDA

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1 Meeting Agenda Special Meeting of the Oak Point City Council Oak Point City Hall 100 Naylor Road Oak Point, Texas Tuesday, August 29, :30 P.M. 1. Call to Order, Roll Call, and Determination of Quorum. (Palmer) 2. Pledge of Allegiance. (Palmer) 3. Presentation of a proclamation declaring September 11, 2017 as Patriot Day in Oak Point, Texas. (Palmer) REGULAR AGENDA 4. Conduct the second of two public hearings on proposed 2017 tax rate. (Savage) 5. Consider and act upon an Ordinance providing for school zone times to alter based on school starting and ending times annually for Oak Point Elementary, Shahan Prairie Road. (Olson) 6. Consider and act upon an Ordinance providing for a maximum rate of speed of twenty-five (25) miles per hour on portions of Martop and Winchester Roads within the City of Oak Point and Extraterritorial Jurisdiction during school zone hours when school is in session. (Olson). 7. Adjournment. (Palmer) The City Council of the City of Oak Point, Texas, reserves the right to meet in a Closed Session on any item listed on this Agenda should the need arise, pursuant to authorization by Texas Government Code, Sections (consultation with attorney), (deliberations about real property), (deliberations about gifts and donations), (personnel matters), (deliberations about security devices), (economic development), (homeland security). This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to the meeting. Please contact City Hall at or by FAX at for further information. CERTIFICATION: I do hereby certify that the above notice of this public meeting was posted on the designated bulletin boards at a.m. / p.m. on the 25 th day of August, Amy Bockes, City Secretary This notice was removed at a.m. / p.m. on the day of September, Amy Bockes, City Secretary Special Meeting of the Oak Point City Council Tuesday, August 29, 2017 Page 1 of 1

2 To: From: Mayor and City Council Amy Bockes, City Secretary Re: City Council Meeting August 29, 2017 Date: August 25, 2017 Agenda Item: Presentation of a proclamation declaring September 11, 2017 as Patriot Day in Oak Point, Texas. Description of Agenda Item: At 8:46 a.m. EST on September 11, 2001, five hijackers crashed American Airlines Flight 11 into the World Trade Center's North Tower, and at 9:03 a.m., another five hijackers crashed United Airlines Flight 175 into the South Tower. Five hijackers flew American Airlines Flight 77 into the Pentagon at 9:37 a.m. A fourth flight, United Airlines Flight 93, under the control of four hijackers, crashed near Shanksville, Pennsylvania, southeast of Pittsburgh, at 10:03 a.m. after the passengers fought the hijackers. Flight 93's target is believed to have been either the Capitol or the White House. The attacks resulted in the death of 2,996 people, including the 19 hijackers and 2,977 innocent victims. The victims included 246 on the four planes, 2,606 in New York City in the towers and on the ground, and 125 at the Pentagon. Nearly all of the victims were civilians; 55 military personnel were among those killed at the Pentagon. Congress and the President have designated September 11 th as Patriot Day and as a National Day of Service and Remembrance and the President has issued a Resolution calling all Americans to observe a moment of silence at 7:46 a.m. CST on September 11, The attached proclamation reaffirms the spirit of patriotism, service, and unity of the Country and pays tribute to the selfless heroes and innocent victims of September 11, Budget Impact: N/A Agenda Item No. 3 Page 1 of 2

3 Legal Obligations and Review: N/A Attached Documents: Patriot Day Proclamation Board, Committee and/or Staff Recommendation: City staff recommends that the Mayor present the proclamation declaring September 11, 2017 as Patriot Day in Oak Point, Texas. Agenda Item No. 3 Page 2 of 2

4 PROCLAMATION CITY OF OAK POINT, TEXAS WHEREAS, September 11, 2017 marks the 16 th anniversary of the ruthless terrorist attacks on our country, a day that changed America forever; and WHEREAS, the entire country witnessed and shared in the tragedy, but were united under remarkable spirit of service and compassion that inspired and helped heal the nations; and WHEREAS, 16 years later, thousands of men and women in the United States Armed Forces remain in harm s way defending against those who seek to threaten the United States; and WHEREAS, September 11th will never, and should never be just another day in the hearts and minds of all the people of the United States; and WHEREAS, Congress and the President joined together to designate September 11th as Patriot Day and a National Day of Service and Remembrance; and WHEREAS, the President of the United States has issued a Resolution calling on all Americans to observe a moment of silence at 7:46 a.m. central on September 11, NOW, THEREFORE, I, Keith Palmer, Mayor of the City of Oak Point, Texas, do hereby proclaim September 11 th as in Oak Point, Texas; PATRIOT DAY AND, urge the citizens of Oak Point to memorialize those lives lost on September 11, 2001, and to honor the heroic service, actions, and sacrifices of the first responders and members of the United States Armed Forces. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Oak Point to be affixed this 29th day of August, Keith Palmer, Mayor ATTEST: Amy Bockes, City Secretary

5 To: From: Mayor and City Council Grant Savage, Finance Manager Re: City Council Meeting August 29, 2017 Date: August 25, 2017 Agenda Item: Conduct the second of two public hearings on the proposed 2017 tax rate. Description of Agenda Item: Chapter 26 of the State s Tax Code requires the City Council to hold two public hearings on the proposed tax rate when the proposed tax rate exceeds the rollback rate or the effective rate. The Denton County Tax Office has calculated the City s adjusted rollback rate as $ per $100 of property valuation and the effective rate as $ per $100 of valuation. With a proposed maintenance and operations (M&O) rate of $ and a proposed interest and sinking (I&S) rate of is $ , the total combined tax rate is $0.54 per $100 of taxable assessed value. Since the City s proposed tax rate of $0.54 exceeds the effective tax rate, the City Council must hold two public hearings on the proposed tax. A quorum of the governing board must be present at both hearings. Taxpayers shall be given an opportunity to express their views on the increase at each hearing. The governing body may not adopt the tax rate at either of these hearings. At each hearing, the governing body must announce the date, time and place of the meeting at which it will vote on the tax rate. The first public hearing was held on Monday, August 21. State law also requires that the City publish a Notice of Public Hearing on Tax Increase in its official newspaper, the Little Elm Journal, and post the same notice on its website. The notice was published on Friday, August 4 and has been posted on the City s website. The average taxable value of a residence homestead in the City of Oak Point last year was $267,414. Based on last year's tax rate of $0.563 per $100 of taxable value, the amount of taxes imposed last year on the average home was $1, The average taxable value of a residence homestead in the City of Oak Point increased to $291,308 this year. When the proposed tax rate of $0.54 per $100 of taxable value is applied to the increased home value, the amount of taxes imposed this year on the average home would be $1, Agenda Item No. 4 Page 1 of 2

6 The City Council is scheduled to take final action on the proposed budget and tax rate on Monday, September 18 by adopting the FY budget and 2017 tax rate by ordinance. Budget Impact: The City s tax rate directly impacts the City budget. Proposed tax revenues for FY are based on this tax rate Legal Obligations and Review: The Texas Constitution sets out the general requirements for truth-in-taxation. Tax Code Chapter 26 provides the specifics. As noted above, the City Council must hold two public hearings on the proposed tax rate when the proposed tax rate exceeds the rollback rate or the effective rate. Attached Documents: None. Board, Committee and/or Staff Recommendation: City staff recommends that the City Council conduct the second public hearing on the proposed tax rate of $0.54. At the conclusion of the public hearing, the Mayor should announce that the City Council will take final action on the 2017 tax rate on Monday, September 18 at 6:00 p.m. This meeting will be held at 100 Naylor Road in Oak Point. Agenda Item No. 4 Page 2 of 2

7 To: From: Mayor and City Council Luke Olson, City Manager Re: City Council Meeting August 29, 2017 Date: August 25, 2017 Agenda Item: Discuss and act upon amending Ordinance by providing for a maximum rate of speed of twenty (20) miles per hour on a portion of Shahan Prairie Road within the City of Oak Point limits while school zones are active on school days; and set the school zone times based on annual start and end times set forth by the Little Elm Independent School District. Description of Agenda Item: The City of Oak Point under Section of the Texas Transportation Code is given exclusive control over the streets and roadways. The City Council is authorized under Section and of the Texas Transportation Code to adopt local traffic regulations governing the maximum speed of vehicles on Shahan Prairie Road. With the addition of the Wildridge development and Shahan Prairie Public Improvement District No. 1 and more traffic in the area of Oak Point Elementary, in 2014 the developer and City staff had determined that the current speed limit on Shahan Prairie during the hours when the elementary school is in session would create and unreasonable or unsafe condition. Therefore, Ordinance was adopted to lower the speed from twenty-five (25) to twenty (20) miles per hour on Shahan Prairie during hours posted for the school zone. At the same time City staff communicated with the school district on times for the school zone and since the start and end times have changed the Ordinance is being amended to reflect school zone times based on annual start and end times. This keeps the City from having to amend the ordinance every year there is a change in start and end times. With adjustments to school zone times the City will provide stickers to change the times as needed. Budget Impact: Penalty amounts were set with the previous Ordinance and will remain the same the penalty for a person who violates the Ordinance will be fined upon conviction of not less than one dollar ($1.00) and not more than two hundred ($200.00). Agenda Item No. 5 Page 1 of 2

8 Legal Obligations and Review: Ordinance was reviewed by the City Attorney and approved as presented. Attached Documents: Ordinance Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve the ordinance providing for a maximum rate of speed of twenty (20) miles per hour on a portion of Shahan Prairie Road within the City of Oak Point limits while school zones are active on school days; and set the school zone times based on annual start and end times set forth by the Little Elm Independent School District. Agenda Item No. 5 Page 2 of 2

9 CITY OF OAK POINT, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, REPLACING ORDINANCE NO AND PROVIDING FOR A MAXIMUM RATE OF SPEED OF TWENTY (20) MILES PER HOUR ON A PORTION OF SHAHAN PRAIRIE ROAD ON SCHOOL DAYS DURING DESIGNATED HOURS POSTED BASED ON SCHOOL STARTING AND ENDING TIMES ANNUALLY AND/OR WHILE LIGHTS ARE FLASHING; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Oak Point, Texas ( City Council ) is authorized under Section of the Texas Transportation Code to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS, the City Council has determined that the speed limit currently applicable on Shahan Prairie Road during hours when the elementary school is in session creates an unreasonable or unsafe condition on that portion of the City s roadway system; and WHEREAS, the City Council therefore desires to establish regulations governing he maximum speed of vehicles on a portion of Shahan Prairie Road during hours when school children will be traveling to and from school, as set forth herein; and WHEREAS, the City Council hereby by finds that the adoption of this Ordinance is in the best interest of the health, safety and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance Code of Ordinances Chapter 12 Section Chapter 12 of the Code of Ordinances, Division 2, Speed limits states that Ordinances establishing special speed limits for specific streets are not included in this code, but such ordinances are on file in the city secretary s office. Ordinances establishing special speed limits are specifically saved from repeal upon adoption of the Code of Ordinances. State law references Authority to establish or alter prima facie speed limits, V.T.C.A., Transportation Code, sec (12); authority of municipality to alter speed 1

10 limits, V.T.C.A., Transportation Code, sec Code of Ordinances will not be amended. SECTION 3: Savings/Repealing Clause: Oak Point s Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Oak Point hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision. Any person commits an offense if the person operates or drives any vehicle at a speed great than 20 miles per hour, this speed being the prima facie maximum speed limit; any speed in excess thereof shall be prima facie evidence that such speed is not reasonable or prudent and that it is unlawful on any of the following streets or portions thereof during posted hours when school zones are in effect on school days based on annual start and end times and/or when lights are flashing: Shahan Prairie Road from 1,953 feet east of the centerline of FM 720 to 3,503 feet east of the centerline of FM 720. A school day is defined as any day Monday through Friday when school is in session. School Zone hours are set based on annual determination of school hours. SECTION 6: Publication Clause: The City Secretary of the City of Oak Point is hereby directed to publish in the official newspaper of the City of Oak Point, the Caption, Penalty Clause as required by Section of the Texas Local Government Code. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS on this 29 th day of AUGUST,

11 ATTESTED TO: Keith Palmer, Mayor Amy Bockes, City Secretary 3

12 To: From: Mayor and City Council Luke Olson, City Manager Re: City Council Meeting August 29, 2017 Date: August 25, 2017 Agenda Item: Discuss and act upon an Ordinance providing for a maximum rate of speed of twenty-five (25) miles per hour on portions of Martop Road and Winchester Road within the City of Oak Point limits while school zones are active on school days; and set the school zone times based on annual start and end times set forth by the Denton Independent School District. Description of Agenda Item: The City of Oak Point under Section of the Texas Transportation Code is given exclusive control over the streets and roadways. The City Council is authorized under Section and of the Texas Transportation Code to adopt local traffic regulations governing the maximum speed of vehicles on Martop Road and Winchester Road. With the addition of the Rodriguez Middle School more traffic in the area of Martop and Winchester Roads, City staff has determined that the current speed limit on Martop and Winchester Roads during the hours when the middle school is in session would create and unreasonable or unsafe condition. Therefore, it is recommended to be twenty-five (25) miles per hour on portions of Martop Road and Winchester Road during hours posted for the school zone. To avoid annual amendments to the ordinance, City staff is noting the hours as posted on the signs based on annual start and end times as determined by the Denton Independent School District. If school zones times change annually the city will update the signs with the correct times. Budget Impact: Penalty amounts will be the same as other school zones the penalty for a person who violates the Ordinance will be fined upon conviction of not less than one dollar ($1.00) and not more than two hundred ($200.00). Legal Obligations and Review: Agenda Item No. 6 Page 1 of 2

13 Ordinance was reviewed by the City Attorney and approved as presented. Attached Documents: Ordinance Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve an ordinance providing for a maximum rate of speed of twenty-five (25) miles per hour on portions of Martop Road and Winchester Road within the City of Oak Point limits while school zones are active on school days; and set the school zone times based on annual start and end times set forth by the Denton Independent School District. Agenda Item No. 6 Page 2 of 2

14 CITY OF OAK POINT, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, PROVIDING FOR A MAXIMUM RATE OF SPEED OF TWENTY-FIVE (25) MILES PER HOUR ON A PORTION OF MARTOP AND WINCHESTER ROADS ON SCHOOL DAYS DURING DESIGNATED HOURS POSTED BASED ON SCHOOL STARTING AND ENDING TIMES ANNUALLY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Oak Point, Texas ( City Council ) is authorized under Section of the Texas Transportation Code to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS, the City Council has determined that the speed limit currently applicable on Martop and Winchester Roads during hours when the middle school is in session creates an unreasonable or unsafe condition on that portion of the City s roadway system; and WHEREAS, the City Council therefore desires to establish regulations governing he maximum speed of vehicles on portions of Martop and Winchester Roads during hours when school children will be traveling to and from school, as set forth herein; and WHEREAS, the City Council hereby by finds that the adoption of this Ordinance is in the best interest of the health, safety and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Code of Ordinances Chapter 12 Section Chapter 12 of the Code of Ordinances, Division 2, Speed limits states that Ordinances establishing special speed limits for specific streets are not included in this code, but such ordinances are on file in the City Secretary s office. Ordinances establishing special speed limits are specifically saved from repeal upon adoption of the Code of Ordinances. State law references Authority to establish or alter prima facie speed limits, V.T.C.A., Transportation Code, sec (12); authority of municipality to alter speed limits, V.T.C.A., Transportation Code, sec Code of Ordinances will not be amended. 1

15 SECTION 3: Savings/Repealing Clause: Oak Point s Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Oak Point hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision. Any person commits an offense if the person operates or drives any vehicle at a speed great than 25 miles per hour, this speed being the prima facie maximum speed limit; any speed in excess thereof shall be prima facie evidence that such speed is not reasonable or prudent and that it is unlawful on any of the following streets or portions thereof during posted hours when school zones are in effect on school days based on annual start and end times: Martop Road from Winchester eastbound from approximately 30 feet past the athletic field; Martop Road westbound from approximately 30 feet from the athletic field to Winchester. Winchester Road running north and southbound along the middle school property. A school day is defined as any day Monday through Friday when school is in session. School Zone hours are set based on annual determination of school hours and posted signs. SECTION 6: Publication Clause: The City Secretary of the City of Oak Point is hereby directed to publish in the official newspaper of the City of Oak Point, the Caption, Penalty Clause as required by Section of the Texas Local Government Code. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. 2

16 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS on this 29 th day of AUGUST, ATTESTED TO: Keith Palmer, Mayor Amy Bockes, City Secretary 3

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