Q roc[amatz'on. InMurphy, Texas and urge the appropriate recognition thereof. Cityqf91/lurp/iy, Texas. Agenda Item 5. A.

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1 UPDATED MURPHY CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MAY 1, 2018, AT 6:00 PM COUNCIL CHAMBERS 206 NORTH MURPHY ROAD MURPHY, TEXAS Scott Bradley Mayor Jennifer Berthiaume Mayor Pro Tem Sarah Fincanon Deputy Mayor Pro Tem Owais Siddiqui Council Member Chris George Council Member NOTICE is hereby given of a meeting of the City Council of the City of Murphy, Collin County, State of Texas, to be held on Tuesday, May 1, 2018, at Murphy City Hall for the purpose of considering the following items. The City Council reserves the right to meet in Executive Session closed to the public at any time in the course of this meeting to discuss matters listed on the agenda, as authorized by the Texas Open Meetings Act, Texas Government Code, Chapter 551, including (private consultation with the attorney for the City); (discussing purchase, exchange, lease or value of real property); (discussing personnel or to hear complaints against personnel); and (discussing economic development negotiations). Any decision held on such matters will be taken or conducted in Open Session following the conclusion of the Executive Session. Pursuant to Section , Texas Government Code, one or more Councilmembers may attend this meeting remotely using video conferencing technology. The video and audio feed of the video conferencing equipment can be viewed and heard by the public at the address posted above as the location of the meeting. A quorum will be physically present at the posted meeting location of City Hall. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. ROLL CALL AND CERTIFICATION OF A QUORUM Betty Spraggins Council Member Don Reilly Council Member Mike Castro City Manager Susie Quinn City Secretary 4. PUBLIC COMMENTS 5. PRESENTATIONS A. Presentation of National Police Week proclamation. Police Proclamation B. Presentation update on the Tunes, Tails and Ales event. Kayla McFarland UPDATED Tunes Tails Ales update CITY MANAGER/STAFF REPORTS A. Upcoming Events. Mike Castro, PhD, City Manager Staff Report-(0348) - Pdf 7. CONSENT AGENDA All consent agenda items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and voted on separately. A. Consider and/or act to approve April 17, 2018, Regular Council meeting minutes. Susie Quinn, TRMC, City Secretary City Council - 17 Apr Minutes Page 1 of 78

2 B. Consider and/or act upon approval of Resolution Number 18-R-873 supporting the nomination of representatives to serve as primary and alternate members to the Regional Transportation Council of the North Central Texas Council of Governments. Susie Quinn, TRMC, City Secretary Staff Report-(0346) - Pdf C. Consider and/or act upon approval of Resolution Number 18-R-874 authorizing certain officers of the City to sign and endorse checks and drafts of the City of Murphy bank accounts, including the Murphy Municipal Development District (MDD) bank account, and authorization for the City Secretary to sign the Authorization Certificate, the Amendment to Commercial Account Signature Card, and the Government Customer Certification forms for Wells Fargo Bank. Karen L. Montgomery, CPA, Finance Director Staff Report-(0347) - Pdf 8. INDIVIDUAL CONSIDERATION A. Conduct the first of two public hearings for the continuation of the juvenile curfew regulations ordinance. Arthur Cotten, Police Chief Staff Report Pdf UPDATED Juvenile Curfew 2018-Final B. Consider and/or act upon Resolution Number 18-R-875 finding that Oncor Electric Delivery Company LLC s application for approval of a Distribution Cost Recovery Factor pursuant to 16 Tex. Admin. Code to increase distribution rates within the city should be denied: finding that the city s reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Ernie Bannister, Controller<br/> Staff Report-(0343) - Pdf C. Consider and/or act upon Resolution Number 18-R-876 authorizing the City Manager to execute a banking depository agreement with Wells Fargo Bank as the City s bank depository for two years effective April 1, Ernie Bannister, CPA, Controller Staff Report-(0345) - Pdf D. Consider and/or act upon approval of Ordinance Number amending the FY18 revenue, expenditures and fund balance of the General Fund for reconstruction of Timbers Trail due to extensive storm damage. Karen L. Montgomery, CPA, Finance Director Staff Report-(0350) - Pdf 9. ADJOURNMENT Page 2 of 78

3 I certify that this is a true and correct copy of the Murphy City Council Meeting Agenda and that this notice was posted on the designated bulletin board at Murphy City Hall, 206 North Murphy Road, Murphy, Texas 75094; a place convenient and readily accessible to the public at all times, and said notice was posted on Friday, April 27, 2018, by 5:00 p.m. and will remain posted continuously for 72 hours prior to the scheduled meeting pursuant to Chapter 551 of the Texas Government Code. Susie Quinn, TRMC City Secretary In compliance with the American with Disabilities Act, the City of Murphy will provide for reasonable accommodations for persons attending public meetings at City Hall. Requests for accommodations or interpretive services must be received at least 48 hours prior to the meeting. Please contact the City Secretary at or squinn@murphytx.org. Notice of Possible Quorum: There may be a quorum of the Animal Shelter Advisory Committee, the Board of Adjustment, the Building and Fire Code Appeals Board, the Ethics Review Commission, the Murphy Community Development Corporation, the Murphy Municipal Development District Board, the Park and Recreation Board and/or the Planning and Zoning Commission members who may be present at the meeting, but they will not deliberate on any city or board business. Page 3 of 78

4 Agenda Item 5. A. Q roc[amatz'on Cityqf91/lurp/iy, Texas National Police Week May 13-19, 2018 WHEREAS, in the performance of the mission for the welfare and well-being of our community, law enforcement o?icers are engaged, on a daily basis, in a hazardous and life threatening profession; and WHEREAS, our citizens peace of mind comes from the knowledge that these officers are readily available for crime prevention, crime suppression and protection of life and property; and WHEREAS, in some cases, the officer actually gives his or her life in exchange for the welfare of his or her community; and WHEREAS, our community has a continuing sense of gratitude to these brave men and women who have given their lives defending and protecting our City and those who serve daily in the protection of life and property; and WHEREAS, in 1962, President John F. Kennedy established May 15 as a national day of commemoration known as National Police Memorial Day in honor of these men and women who have made the ultimate sacri?ce; and NOW, THEREFORE, 1, Scott Bradley, Mayor for the City of Murphy Texas, Do hereby proclaim the week of May 13-19, 2018 as NATIONAL POLICE WEEK InMurphy, Texas and urge the appropriate recognition thereof. Page 4 of 78

5 Agenda Item 5. B. Attachment for Agenda Item 5B 5/2/2018 Tunes, Tails & Ales Update By: Kayla McFarland, CFEA Special Event Coordinator Ticket Sales: Total Ticket Breakdown: VIP 235 GA 805 Number of Tickets Pre sold: 895 Tickets bought on site: 145 TOTAL TICKETS: 1,040 1 Page 5 of 78

6 Agenda Item 5. B. Attachment for Agenda Item 5B 5/2/2018 TICKET DEMOGRAPHICS PRE SOLD TICKETS: 895 OTHER CITIES: 305 MURPHY (271) 30.2% WYLIE (138) 15.4% TOTAL M/W = 409 Plano 56 Sachse 50 Richardson 40 Garland 33 Dallas 32 Allen 30 McKinney 27 Lucas 22 Rowlett 15 Beer Vendors: 32 Vendor Total: 37 Crawfish tickets sold: Page 6 of 78

7 Agenda Item 5. B. Attachment for Agenda Item 5B 5/2/2018 CAR SHOW: 78 CARS Advertising: Radio (ALT) (FAN) Print Postcards (75094) Newspaper Inserts: Rec Guide 8.5X11 Inserts Coasters Posters Social Media FB MCBF & City Snap Chat Filters 3 Page 7 of 78

8 Agenda Item 6. A. Administration May 1, 2018 ISSUE: Upcoming Events. STAFF RESOURCE/DEPARTMENT: Mike Castro, PhD, City Manager SUMMARY: Moonlight Movies - Friday, May 4, 2018, from 7:30 PM (move to begin at approximately 8:30 PM) until 10:00 PM, the movie "COCO" - Murphy Central Park North Murphy Road, Murphy, Texas Low-Cost Vaccine Clinic - Saturday, May 5, 2018, from 10:00 AM until NOON - Murphy Animal Shelter North Murphy Road, Murphy, Texas Moonlight Movies - Friday, May 18, 2018, from 7:30 PM (move to begin at approximately 8:20 PM) until 10:00 PM, the movie "Beauty & The Beast" - Murphy Central Park North Murphy Road, Murphy, Texas City Offices Closed - Monday, May 28, 2018, ALL DAY - in honor of Memorial Day Sounds at Sundown - Friday, June 1, 2018, from 7:00 PM until 10:00 PM (bands play from 8 to 10 PM - Blane Howard), Food Trucks on-site - Murphy Central Park North Murphy Road, Murphy, Texas Sounds at Sundown - Friday, June 8, 2018, from 7:00 PM until 10:00 PM (bands play from 8 to 10 PM - The Vinyl Stripes), Food Trucks on-site - Murphy Central Park North Murphy Road, Murphy, Texas Sounds at Sundown - Friday, June 15, 2018, from 7:00 PM until 10:00 PM (bands play from 8 to 10 PM - Kraig Parker), Food Trucks on-site - Murphy Central Park North Murphy Road, Murphy, Texas Sounds at Sundown - Friday, June 22, 2018, from 7:00 PM until 10:00 PM (bands play from 8 to 10 PM - The Molly Ringwalds), Food Trucks on-site - Murphy Central Park North Murphy Road, Murphy, Texas Page 8 of 78

9 Agenda Item 6. A. Sounds at Sundown - Friday, June 29, 2018, from 7:00 PM until 10:00 PM (bands play from 8 to 10 PM - Emerald City Band), Food Trucks on-site - Murphy Central Park North Murphy Road, Murphy, Texas Page 9 of 78

10 Agenda Item 7. A. MURPHY CITY COUNCIL MINUTES REGULAR CITY COUNCIL MEETING APRIL 17, 2018 AT 6:00 PM COUNCIL CHAMBERS 206 NORTH MURPHY ROAD MURPHY, TEXAS CALL TO ORDER Mayor Scott Bradley called the Regular Meeting to order at 6:01 pm. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Scott Bradley gave the Invocation and led the Pledge of Allegiance. 3. ROLL CALL AND CERTIFICATION OF A QUORUM COUNCIL PRESENT: Mayor Scott Bradley Deputy Mayor Pro Tem Sarah Fincanon Council Member Owais Siddiqui (via Skype) Council Member Chris George Council Member Betty Nichols Spraggins. COUNCIL ABSENT: Mayor Pro Tem Jennifer Berthiaume Council Member Don Reilly 4. PUBLIC COMMENTS No Public Comments presented. 5. PRESENTATIONS A. Presentation of the financial report for the month ending March 31, Karen Montgomery, CPA, Finance Director Finance Director Karen Montgomery presented the item. B. Presentation of the General Obligation (GO) Bond dashboard report for the month ending March 31, Tim Rogers, Public Services Director Public Services Director Tim Rogers presented an update on the item. Finance Director Karen Montgomery introduced new Controller, Ernie Bannister who provided a financial update. 6. CITY MANAGER/STAFF REPORTS A. Upcoming Events - Mike Castro, PhD, City Manager Page 10 of 78

11 Agenda Item 7. A. Page 2 of 6 Regular City Council Meeting Minutes April 17, 2018 SUMMARY: Moonlight Movies - Friday, April 20, 2018, from 7:30 PM (movie to begin at approximately 8:15 PM) until 10:00 PM, the movie "Moana" - Murphy Central Park North Murphy Road, Murphy, Texas Low-Cost Vaccine Clinic - Saturday, April 21, 2018, from 10:00 AM until NOON - Murphy Animal Shelter North Murphy Road, Murphy, Texas **Rescheduled to Saturday, May 5, 2018** Drug Take Back - Saturday, April 28, 2018, from 10:00 AM until 2:00 PM - Murphy Police Department North Murphy Road, Murphy, Texas Tunes, Tails & Ales - Saturday, April 28, 2018, from 1:00 PM until 8:00 PM - Murphy Central Park North Murphy Road, Murphy, Texas Moonlight Movies - Friday, May 4, 2018, from 7:30 PM (move to begin at approximately 8:20 PM) until 10:00 PM, the movie "Beauty & The Beast" - Murphy Central Park North Murphy Road, Murphy, Texas City Offices Closed - Monday, May 28, 2018, ALL DAY - in honor of Memorial Day Update on the Solid Waste Transition: Extensive Information Campaign (web, social media, marquee, postcards, etc.) Clean and Green Event - Republic Services representative handed out brochures to residents Trash/Recycle Carts exchange will begin on Tuesday, April 24, CONSENT AGENDA All consent agenda items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and voted on separately. A. Consider and/or act to approve the April 3, 2018, Regular Council meeting minutes. Susie Quinn, City Secretary COUNCIL ACTION: (Item 7.A.) APPROVED ON CONSENT AGENDA B. Consider and/or act upon approval to use the Governors Community Achievement (GCAA) grant dollars on a landscape amenity sign on N Murphy Road at the north entrance of Murphy Central Park, using any remaining funds to replace current irrigation with drip irrigation along FM 544. Item 7.B. pulled from Consent Agenda. Co-Chair of Keep Murphy Beautiful Bailey Page 11 of 78

12 Agenda Item 7. A. Page 3 of 6 Regular City Council Meeting Minutes April 17, 2018 Ragsdale addressed questions from Council. COUNCIL ACTION: (Item 7.B.) APPROVED Deputy Mayor Pro Tem Sarah Fincanon moved to approve use of the Governors Community Achievement (GCAA) grant dollars on a landscape amenity sign on North Murphy Road at the north entrance of Murphy Central Park, using any remaining funds to replace current irrigation with drip irrigation along FM 544. Council Member Chris George seconded the motion. For: Unanimous. Absent: Mayor Pro Tem Jennifer Berthiaume and Council Member Don Reilly. The motion carried by a vote of 5-0. C. Consider and/or act upon Resolution Number 18-R-871 authorizing the City Manager to enter into an Interlocal Cooperative Agreement with Collin County for Road Improvement services. COUNCIL ACTION: (Item 7.C.) APPROVED ON CONSENT AGENDA D. Consider and/or act upon the dissolution of an Economic Development Agreement with Chef Touch Beechwood, LLC d/b/a RJ Mexican Cuisine. COUNCIL ACTION: (Item 7.A., 7.C. & 7.D.) APPROVED ON CONSENT AGENDA Deputy Mayor Pro Tem Sarah Fincanon moved to approve items 7.A., 7.C. & 7.D. as presented. Council Member Chris George seconded the motion. For: Unanimous. Absent: Mayor Pro Tem Jennifer Berthiaume and Council Member Don Reilly. The motion carried by a vote of INDIVIDUAL CONSIDERATION A. Hold a public hearing and consider and/or act to approve Ordinance Number amending Chapter 26, Development Standards of the Murphy Code of Ordinances related to tree preservation. Director of Community & Economic Development Jared Mayfield presented the item. Public Hearing opened at 6:48 pm Bob Mortonson, resident (address on file) spoke on relocating trees on a lottery system for citizens. John Michael Fuentes, student and resident (address on file) spoke on adding bathrooms at Mustang Park and Aviary Park. Public Hearing closed at 6:52 pm COUNCIL ACTION: (Item 8.A.) APPROVED Deputy Mayor Pro Tem Sarah Fincanon moved to approve Ordinance Number amending Chapter 26, Development Standards of the Murphy Code of Page 12 of 78

13 Agenda Item 7. A. Page 4 of 6 Regular City Council Meeting Minutes April 17, 2018 Ordinances related to tree preservation. Council Member Chris George seconded the motion. For: Unanimous. Absent: Mayor Pro Tem Jennifer Berthiaume and Council Member Don Reilly. The motion carried by a vote of 5-0. B. Consider and/or act to approve an Administrative Services and Office Support Agreement between the City of Murphy and the Murphy Municipal Development District. Director of Community & Economic Development Jared Mayfield presented the item. At the April 5, 2018, Murphy Municipal Development District Board meeting, the agreement was approved unanimously. COUNCIL ACTION: (Item 8.B.) APPROVED Deputy Mayor Pro Tem Sarah Fincanon moved to approve an Administrative Services and Office Support Agreement between the City of Murphy and the Murphy Municipal Development District. Council Member Chris George seconded the motion. For: Unanimous. Absent: Mayor Pro Tem Jennifer Berthiaume and Council Member Don Reilly. The motion carried by a vote of 5-0. C. Consider and/or act upon the approval of Ordinance Number amending Appendix A, Fee Schedule of the city of Murphy Code of Ordinances by repealing Section A8.001, Solid Waste Collection and Disposal of Article 8 Utility Rates and Charges and adopting a new Section A8.001, Solid Waste Collection and Disposal of Article 8 of Appendix A, Fee Schedule, of the Code of Ordinances of the City of Murphy, Texas; providing for the incorporation of premises; providing for the amendment of Appendix A as set forth herein; providing for a savings and repealing clause; providing a severability clause; and providing an effective date of May 1, Customer Service Manager Teresa Thompson presented the item. COUNCIL ACTION: (Item 8.C.) APPROVED Deputy Mayor Pro Tem Sarah Fincanon moved to approve Ordinance Number amending Appendix A, "Fee Schedule" of the city of Murphy Code of Ordinances by repealing Section A8.001, "Solid Waste Collection and Disposal" of Article 8 "Utility Rates and Charges" and adopting a new Section A8.001, "Solid Waste Collection and Disposal" of Article 8 of Appendix A, "Fee Schedule", of the Code of Ordinances of the City of Murphy, Texas; providing for the incorporation of premises; providing for the amendment of Appendix "A" as set forth herein; providing for a savings and repealing clause; providing a severability clause; and providing an effective date of May 1, Council Member Chris George seconded the motion. For: Unanimous. Absent: Mayor Pro Tem Jennifer Berthiaume and Council Member Don Reilly. The motion carried by a vote of 5-0. D. Consider and/or act upon approval of Ordinance Number amending the FY18 revenue and expenditures in the new GO Capital Construction Fund. Finance Director Karen Montgomery presented the item. Page 13 of 78

14 Agenda Item 7. A. COUNCIL ACTION: (Item 8.D.) Page 5 of 6 Regular City Council Meeting Minutes April 17, 2018 APPROVED Deputy Mayor Pro Tem Sarah Fincanon moved to approve Ordinance Number amending the FY18 revenue and expenditures in the new GO Capital Construction Fund. Council Member Chris George seconded the motion. For: Unanimous. Absent: Mayor Pro Tem Jennifer Berthiaume and Council Member Don Reilly. The motion carried by a vote of 5-0. E. Consider and/or act upon Resolution Number 18-R-872 authorizing the City Manager to execute a General Services Agreement and Scope of Services with Brown, Reynolds, Watford Architects for work associated with capital improvement projects. Public Services Director Tim Rogers presented the item. COUNCIL ACTION: (Item 8.E.) APPROVED Deputy Mayor Pro Tem Sarah Fincanon moved to approve Resolution Number 18-R- 872 authorizing the City Manager to execute a General Services Agreement and Scope of Services with Brown, Reynolds, Watford Architects for work associated with capital improvement projects. Council Member Chris George seconded the motion. For: Unanimous. Absent: Mayor Pro Tem Jennifer Berthiaume and Council Member Don Reilly. The motion carried by a vote of 5-0. F. Discuss, consider and/or act upon the selection of an option for the long-term Facilities Capital Maintenance and Operations Replacement Plan. Public Services Director Tim Rogers presented the item. City Manager Mike Castro addressed Council. Direction to staff to develop a long-term maintenance plan for the City was presented Historically the City purchases items (broken or need replacing) with general fund reserves or with the issuance of debt The plan has to be a sustainable long-term plan and pre-plans for the future Maintenance plan included tax rate impact over a ten (10) year period Establishing a pre-funded maintenance fund saves money long-term The tax notes are to be discussed further at an early upcoming budget meeting, and staff is to bring forward a simpler slide presentation of the various options. COUNCIL ACTION: (Item 8.F.) NO ACTION 9. EXECUTIVE SESSION In accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council recessed into Executive Session (closed meeting) at 7:56 pm to discuss the following: A (1) Consultation with the City Attorney when the governmental body seeks the advice of its attorney regarding pending or contemplated litigation P.C. Page 14 of 78

15 Agenda Item 7. A. Page 6 of 6 Regular City Council Meeting Minutes April 17, 2018 Contractors, et al. 10. RECONVENE INTO REGULAR SESSION The City Council will reconvened into Regular Session at 8:22 pm, pursuant to the provisions of Chapter 551, Subchapter D, Texas Government Code, to take any action necessary regarding: A (1) Consultation with the City Attorney when the governmental body seeks the advice of its attorney regarding pending or contemplated litigation P.C. Contractors, et al. No action was taken following the Executive Session. 11. ADJOURNMENT With no further business, a motion was entertained by the Mayor and the Council meeting adjourned at 8:22 pm. APPROVED BY: ATTEST: Scott Bradley, Mayor Susie Quinn, City Secretary Page 15 of 78

16 Agenda Item 7. B. City Secretary May 1, 2018 ISSUE: Consider and/or act upon approval of Resolution Number 18-R-873 supporting the nomination of representatives to serve as primary and alternate members to the Regional Transportation Council of the North Central Texas Council of Governments. STAFF RESOURCE/DEPARTMENT: Susie Quinn, TRMC, City Secretary SUMMARY: The Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG) has sent notification seeking nominees to represent the cities of Murphy, Wylie, Sachse, Richardson, and Addison on the RTC. The City of Allen has nominated Stephen Terrell Mayor of the City of Allen as the primary representative. The City of Wylie has nominated Eric Hogue, Mayor of the City of Wylie as the alternate. See attached correspondence for additional information. ACTION REQUIRED: Staff is recommending supporting the nomination of Stephen Terrell, Mayor of Allen and Eric Hogue, Mayor of Wylie as Primary and Alternate representatives for the RTC for an additional two years. BACKGROUND/HISTORY: On May 17, 2016, City Council agreed with the nominations of Mayor Stephen Terrell of Allen as primary member and Mayor Eric Hogue of Wylie as alternate member by approving Resolution Number 16-R-828. ATTACHMENTS: RES 18-R-873 RTC Nomination Resolution RTC Appointment Request RTC Representation Letter RTC 04_rtc.attendance_ Page 16 of 78

17 Agenda Item 7. B. RESOLUTION NO. 18-R-873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS, APPOINTING A REPRESENTATIVE AS PRIMARY AND ALTERNATE TO THE AGGREGATED POSITION OF REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, WHICH FRACTIONAL ALLOCATION MEMBERSHIP IS SHARED WITH THE CITIES OF ALLEN, LUCAS, ROWLETT, SACHSE, AND WYLIE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, regional transportation planning and improved mobility are goals of the City of Murphy; and WHEREAS, the Mayor for the City of Allen, Stephen Terrell, is presently representing the City of Murphy as the primary voting representative on the Regional Transportation Council, and WHEREAS, the Mayor for the City of Wylie, Eric Hogue, is presently representing the City of Murphy as the alternate voting representative on the Regional Transportation Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS: SECTION 1. That, Stephen Terrell, Mayor for the City of Allen, is hereby supported to continue as the Primary Representative to the Regional Transportation Council of the North Central Texas Council of Governments. SECTION 2. That, Eric Hogue, Mayor for the City of Wylie, is hereby supported to continue as the Alternate Representative to the Regional Transportation Council of the North Central Texas Council of Governments. passage. SECTION 3. This resolution shall become effective immediately from and after its DULY RESOLVED AND ADOPTED by the City Council of the City of Murphy, Texas, on this the 1st day of May APPROVED ATTEST: Scott Bradley, MAYOR Susie Quinn, CITY SECRETARY Page 17 of 78

18 Agenda Item 7. B. RECEiVED Regional Transportation Council APR The Transportation Policy Body for the North Central Texas Council of Governments CWManagers Of?ce lit/letropolltan Planning Organization for the Dallas Fort Worth Region) April 3, 2018 The HonorableStephen Terrell The HonorableTodd Gottel The HonorableMikeFelix Mayor Mayor Mayor City of Allen City of Rowiett City of Sachse 305 Century Parkway 4000 Main St Sachse Rd., Bldg. B Allen, TX Rowlett, TX Sachse, TX The HonorableEric Hogue The HonorableScott Bradley The Honorable Jim Olk Mayor Mayor Mayor City of Wylie City of Murphy City of Lucas 300 Country Club Rd., Bldg North Murphy Rd. 665 Country Club Rd. Wylie, TX Murphy, TX Lucas, TX Dear Mayors Terrell, Gottei, Felix, Hague, Bradley, and Olk: The NorthCentral Texas Council of Governments (NCTCOG) is the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC), composed primarily of local elected officials, is the transportation policy body for the MP0. The RTC is responsible for direction and approval of the MetropolitanTransportation Plan, the Transportation Improvement Program, the Congestion Management Process, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the Regional Transportation Council is either by direct membership or group representation. Each seat on the Regional Transportation Council will be provided a primary member and permitted an alternate member. The Cities of Allen, Rowiett, Sachse, Wylie, Murphy. and Lucas share a seal on the Regional Transportation Council. The RTC's Bylaws and Operating Procedures state that the person representing a group of several cities shall be selected by the mayors using a weighted vote of the maximum population or employment of the cities represented. and the person selected shall serve a two-year term beginning in June of even-numbered years and shall be serving on one of the governing bodies they represent. A table containing population and employment figures is enclosed. The Bylaws further state that in the spirit of integrated transportation planning, all cities withina city-onlycluster are eligible to hold the RTC membership seat for the cluster, and the cities should strongly consider rotation of the seat among the entities withinthe respective cluster. items to considerwhen contemplating seat rotation may include: 1) a natural break in a members government service, such as the conclusion of an elected term, 2) a members potential to gain an of?cer position or advance through the officer ranks, 3) a member's strong performance and commitmentto transportation planning, or 4) the critical nature of a particular issue or project and its impact on an entity withinthe cluster. F.0. Box 5888 i 3.i'lington,Tex' l /ll) " Ffidl (ill?) t.~4d= 3(32S Page 18 of 78

19 Agenda Item 7. B. Page Two April3, 2018 An alternate member is the individualappointed to represent an entity or group of entities on the Regional Transportation Council in the absence of the primary member. The alternate member must be predetermined in advance of a meeting and willhave voting rights in the absence of the primary member. An entity or group of entitles may elect to appoint its alternate member(s) from a pool of eligible nominees. The same requirements apply to alternate members as to primary members. if a primarymember is an elected official,then the alternate member must also be an elected official;if a primary member is a non-elected individual,then the alternate member can be either a non elected individualor an elected of?cial. Cities and/or counties within a cluster group are strongly encouraged to reflect diversity in their selections of primary and alternate members as wellas membership rotation amongst the group depending on the qualifications of the appointees. A best practice may be to appoint the alternate member from an eligible entity within the cluster that is not providing the primary member. Your current primary representative on the RTC is Stephen Terrell, Mayor, City of Allen. Your current alternate representative is Eric Hogue, Mayor, City of Wylie. You may choose to keep your current representatives or appoint a new primary representative and/or alternate representative. I encourage you to make your new appointment or appointments prior to June when the new two-year terms begin. Please mail(p.o. Box 5888, Arlington,TX ) or fax (817/ ) your correspondence to Vercie Pruitt-Jenkinsof NCTCOG. Please note that your designation should be confirmed in writing by all entities included in this group. in addition, the Regional Transportation Council has established an Ethics Policy in accordance with Section of the Texas Transportation Code. This policy applies to both primary and alternate RTC members, whether elected or non-elected. All RTC members must also adhere to Chapter 171 of the Local Government Code and to the Code of Ethics from their respective local governments and public agencies. Please remind your representatives to be cognizant of these policies and codes. Please contact Vercie Pruitt Jenkinsat 817/ if you have any questions. hearing fromyou. We look forward to Sincerely,?g, Rob Franke, Chair Regional Transportation Council Mayor, City of Cedar Hill VPJ Enclosure cc: Mr. Mike Castro, City Manager, City of Murphy Ms. Joni Clarke, City Manager, City of Lucas Mr. BrianFunderburk, City Manager, City of Rowlett Ms. MindyManson, City Manager, City of Wylie Ms. Gina Nash, City Manager, City of Saohse Mr. Peter H. Vargas, City Manager, City of Allen Page 19 of 78

20 Agenda Item 7. B REGlONALTRANSPORTATIONCOUNCIL MEMBERSHIP STRUCTURE Q?y Maximum of Population Estimates 1 Employment Estimatesz Pooulation & Employment City Membership Plano 277, , ,720 McKinney ,710 Anna 12, ,390 Princeton , Fairview , Melissa 8,850 1, Allen 95, ,350 Lucas 7,030 2,101 7,030 Wylie ,940 48,140 Rowletl 57,840 13,289 57,840 Sachse 23, Murphy 19, ,980 Frlsco 161,400 74, Prosper 20, Llltle Elm 38,250 4, The Colony 41,160 8,576 41,160 Celina ,820 10,310 Providence Village 6, Dallas 1,270,170 1,126,984 1,270,170 University Park 22, ,820 Highland Park , Garland ,710 Addison , Richardson 107, , Irving , Coppell ,084 42,084 Mesquite 143,060 61, Balch Springs 24,480 5,183 24,480 Seagoville 15, ,900 Sunnyvale , Grand Prairie 187, ,050 Duncanville 39,240 16,227 39,240 Desoto 52,120 19, Cedar Hill 47, Lancaster Glenn Heights ,114 11,680 Hutchins ,084 5,350 Carrolllon ,820 Farmers Branch ,393 78,393 Demon , ,160 Sanger , Corinth 20,800 6, Lake Dallas , Lewlsville 103,640 68, ,640 Flower Mound 71,850 34, Hlghlancl Village 15,380 5, Page 20 of 78

21 Agenda Item 7. B. Q Population 2014 Emgloyment Maximum of Pogulation 8. Emgloyment Fort Worth 815, , ,430 Arlington 382, ,230 N Richland Hills Richland Hills Haltom City Watauga White Settlement River Oaks Lake Worth Westworth Village Saginaw Azle 67,120 7,920 42, ,710 2,620 21,320 11, ,813 9, ,131 4, , Keller Grapevine Southlake Colleyville Westlake Trophy Club Roanoke Hurst Euless Beclford 44,620 49,130 28,880 24, ' ,774 32,998 10,358 6,360 1,173 8, ,774 32,998 24,630 6,360 11, ,870 48,560 Mansfield Benbrook Forest Hill Crowley Everman Kennedale 63,670 22, ,353 7,238 3, ,006 63, , County Membership 2017 Pogulation Collin County Dallas County Denton County Tarrant County Ellis County Ennis Waxahachie Micllolhian Red Oak Kaufman County Forney Kauiman Terrell 932,530 2,502, ,560 1,966, ,410 18,660 34,410 24,450 12, , Combined Ellis and Kaufman Population March 22, 2018 Page 21 of 78

22 NCTCOG Agenda Item 7. B. Johnson County Burleson Cleburne Keene Joshua?ood County Granbury Combined Johnson and Hood Population Hunt County Commerce Greenville Rockwell County Rockwall Heath Royse City Fate Combined Hunt and Rockwall Population Parker County Weatherford Mineral Wells Wise County Decatur Bridgeport 164,970 43,960 29, , ,310 94,350 6,240 26,800 93, , ,150 27,660 16,740 62,460 6, Combined Parker and Wise Population 192,610 Transportation Providers DART DCTA FWTA DFW International Airport TXDOT Dallas T><DOTFort Worth NTTA Sources: Population- NCTCOG 2017 Population Estimates 2 Employment ~ 2014 Small Area Employment Estimates March 22, 2018 Page 22 of 78

23 Agenda Item 7. B. RECEIVED CITY OF ALLEN APR20 301* April City Manager's Office Mayor S/eplien Trwrell Mayor Pro Tem cm L. Cup1iu;,rer Councilmemhers Kurt Kiri :- Curl Cir/z1miz'iz'Ii Debbie Smuz Robin l., Serllm-ek Buiur Brrmkx City Manager Peter H. Vargas The Honorable Jim Olk The Honorable Mike Felix The Honorable Eric Hogue Mayor Mayor Mayor City of Lucas City of Sachse City of Wylie 665 Country Club Road 3815 B Sachse Road 300 Country Club Road Lucas, TX Sachse, TX Wylie, TX The Honorable Scott Bradley The Honorable Tammy Dana Bashian Mayor Mayor City of Murphy City of Rowlett 206 North Murphy Road 4000 Main Street Murphy, TX Rowlett, TX RE: Regional Transportation Council Representation Dear Mayors Olk, Felix, Hogue, Bradley, and Dana Bashian: The Regional Transportation Council (RTC) is requesting nominations for the one seat and one vote shared by our communities. I currently serve as the Regular Representative to the RTC for our shared seat, with Mayor Hogue of Wylie serving as the Alternate Representative. I am writing to express a willingness to continue to serve as your Regular Representative to the RTC, Similarly, Mayor Hogue, of the City of Wylie, has likewise expressed an interest in continuing his service as the Alternate Representative. Both Mayor Hogue and I would serve the length of the term of appointment to the RTC. If you have any questions, or would like to discuss further, please Contact me at 214/868» 1472 or stenell@citvofallen.or<v. Sin erely, Stephen Terrell Mayor cc: Ms. Joni Clark, City Manager, City of Lucas Mr. Gina Nash, City Manager, City of Sachse Ms. Mindy Manson, City Manager, City of Wylie Mr. Mike Castro, City Manager, City of Murphy Mr. Brian Funderburk, City Manager, City of Rowlett Mr. Peter H. Vargas, City Manager, City of Allen 305 CENTURY PARKWAY - ALLEN, TEXAS WEB: coa@cityofa1len.org Page 23 of 78

24 Agenda Item 7. B. Regional Transportation Council Representative Endorsement On behalf ofthe City of I,, Mayor, do hereby endorse the following to serve as RTCRepresentatives on behalf of our community for the term June 1, 2018 to June 1, 2020: REGULARREPRESENTATIVE Mayor Stephen Terrell, City of Allen ALTERNATE REPRESENTATIVE Mayor Eric Hogue, City of Wylie SIGNED: Mayor ATTEST: By: Name: Title: City Secretary Date: Page 24 of 78

25 Regional Transportation Council Attendance Roster May 2017-April 2018 Page 25 of 78 RTC MEMBER Entity 5/11/17 6/8/17 7/13/17 8/10/17 9/14/17 10/12/17 11/9/17 12/14/17 1/11/18 2/8/18 3/8/18 4/12/18 4/19/18 Douglas Athas (06/13) Garland P P P P P P P P P P P P P Tennell Atkins (09/17) Dallas A P P P P P A P A Sara Bagheri (12/16) Denton P E(R) P P P P P E(R) P E P P P Sue S. Bauman (10/17) DART P P P A P P E(R) P Carol Bush (01/15) Ellis Cnty P A P P E P P P P E(R) A P A Loyl Bussell (05/17) TxDOT, FW P P E(R) P P P P P P P P E(R) P Rickey D. Callahan (09/17) Dallas A P E P P P E P P David L. Cook (05/16) Mansfield E(R) P E P P P E(R) P P P P P P Theresa Daniel (04/18) Dallas Cnty P P Rudy Durham (7/07) Lewisville P P P P P P P P P P P P P Andy Eads (1/09) Denton Cnty P P P P P P P E P P P P P Charles Emery (4/04) DCTA P P P P P P P P P P P P P Kevin Falconer (07/17) Carrollton P P P P P A P P P E P Gary Fickes (12/10) Tarrant Cnty E(R) P P P P P P P P E(R) P P P Robert Franke (1/08) Cedar Hill P P P P P P P P P P A P P George Fuller (07/17) McKinney P P A P A A A A A E(R) P Sandy Greyson (11/11) Dallas P P A P P P P P P E P P P Mojy Haddad (10/14) NTTA P A P P P P A A P E P P A Roger Harmon (1/02) Johnson Cnty E E P P P P P P P E(R) E P A(R) Clay Lewis Jenkins (04/11) Dallas Cnty P P P P P P E E P P P P P Ron Jensen (06/13) Grand Prairie P P P A(R) E(R) P P P P P P P P Jungus Jordan (4/07) Fort Worth P P P P E(R) P P E(R) P P P P P Lee M. Kleinman (09/13) Dallas E P A P P P P P E(R) P E P P Harry LaRosiliere (06/17) Plano -- P P E(R) P E(R) P P P E(R) P E(R) E(R) David Magness (06/13) Rockwall Cnty P P P P P P E P P P P P P Scott Mahaffey (03/13) FWTA P P P P P E(R) P E(R) P P P E(R) P B. Adam McGough (07/16) Dallas P E(R) P P P P P P P P E P P William Meadows (02/17) DFW Airport P P E A P A P E A E(R) E E(R) P Steve Mitchell (07/17) Richardson P P P P P P P P P P P Cary Moon (06/15) Fort Worth P P A P P E(R) P P P P P P P Stan Pickett (06/15) Mesquite P P P P P P E P P P P E E(R) Mark Riley (1/09) Parker Cnty E(R) P P E P P P P P P P P A Kelly Selman (02/15) TxDOT, Dallas P P E(R) P P P P P P P E(R) P P Will Sowell (10/17) Frisco P E(R) P P P E(R) P A Mike Taylor (7/14) Colleyville P P P P P P P P P P P P P Stephen Terrell (6/14) Allen E E(R) P A P P P E(R) E(R) P P P P T. Oscar Trevino Jr. (6/02) Nrth Rch Hills P E(R) P P E(R) E(R) P P E(R) A(R) P E(R) E William Tsao (3/17) Dallas P P P E(R) P P P P P P P P P Oscar Ward (6/14) Irving P P P P E E P P P P P P P Duncan Webb (6/11) Collin Cnty P P P P P P P P P P P P P B. Glen Whitley (2/97) Tarrant Cnty P E(R) P P A(R) P E(R) E E E P E(R) A Kathryn Wilemon (6/03) Arlington P P P P P P P P P P P P P W. Jeff Williams (10/15) Arlington P P P P P P E(R) P P P P P P Ann Zadeh (06/17) Fort Worth -- P P P P P P P P P P P P Note: Date in parenthesis indicates when member was 1st eligible to attend RTC meetings P= Present A= Absent R=Represented by Alternate --= Not yet appointed E= Excused Absence (personal illness, family emergency, jury duty, business necessity, or fulfillment of obligation arising out of elected service) Agenda Item 7. B.

26 Agenda Item 7. C. Finance Department May 1, 2018 ISSUE: Consider and/or act upon approval of Resolution Number 18-R-874 authorizing certain officers of the City to sign and endorse checks and drafts of the City of Murphy bank accounts, including the Murphy Municipal Development District (MDD) bank account, and authorization for the City Secretary to sign the Authorization Certificate, the Amendment to Commercial Account Signature Card, and the Government Customer Certification forms for Wells Fargo Bank. STAFF RESOURCE/DEPARTMENT: Karen L. Montgomery, CPA, Finance Director SUMMARY: The signature authority for the City of Murphy bank accounts, including the Murphy Municipal Development District (MDD) bank account, needs to be updated. Ernest Bannister joined the City of Murphy as Controller on March 26, 2018, and needs to be authorized to have signature authority on the City s bank accounts. ACTION REQUIRED: Approval of Resolution Number 18-R-874 authorizing certain officers of the City to sign and endorse checks and drafts of the City of Murphy bank accounts, including the Murphy Municipal Development District (MDD) bank account, and authorization for the City Secretary to sign the Authorization Certificate, the Amendment to Commercial Account Signature Card, and the Government Customer Certification forms for Wells Fargo Bank. BACKGROUND/HISTORY: On July 11, 2017, the signature authority was revised on seventeen of the City s eighteen bank accounts to reflect the new City Council officers. On March 6, 2018, the signature authority for the eighteenth bank account, the Murphy Municipal Development District (MDD), was revised to match the signature authority on the other City bank accounts. The MDD bank account was established using a different taxpayer identification number than the other City of Murphy bank accounts. Once that was brought to the City s attention by the bank, the MDD account was revised accordingly. Now that the new Controller has been hired, the signature authority for all eighteen bank accounts, including the MDD account, needs to be revised to add Ernest Bannister s name. One of the three required MDD forms was erroneously not revised to remove the former names on the account, so that change is also reflected on the attached forms. Page 26 of 78

27 Agenda Item 7. C. Wells Fargo Bank requires three forms to be completed for each taxpayer identification number (TIN). Since the MDD account has a different TIN, there will be a total of six forms to complete: three for the City of Murphy TIN bank accounts, and three for the MDD TIN bank account. All of the designated signers on the accounts must sign two of the three forms: the Authorization Certificate and the Government Customer Certification. The Controller (as a new name on the accounts) must sign all three forms, including the Amendment to Commercial Account Signature Card. The City Secretary must sign all three forms at the bottom certifying the signatures (including her own). ATTACHMENTS: RES NO 18-R-874 Signature Resolution Signature documents Page 27 of 78

28 Agenda Item 7. C. RESOLUTION NUMBER 18-R-874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS, AUTHORIZING CERTAIN OFFICERS OF THE CITY TO SIGN AND ENDORSE CHECKS AND DRAFTS OF THE CITY OF MURPHY BANK ACCOUNTS, INCLUDING THE MURPHY MUNICIPAL DEVELOPMENT DISTRICT BANK ACCOUNT; AUTHORIZING THE CITY SECRETARY TO SIGN THE GOVERNMENT CUSTOMER CERTIFICATION FORM, THE AUTHORIZATION CERTIFICATE, AND THE AMENDMENT TO COMMERCIAL ACCOUNT SIGNATURE CARD; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY: Section 1. That any two (2) or more of the following officers of the City shall be authorized to endorse and cash checks, drafts and similar documents on behalf of the City of Murphy, including the Murphy Municipal Development District (MDD), in connection with all bank accounts of the City of Murphy: NAME OF SIGNING OFFICER_ Scott Bradley Jennifer Berthiaume Sarah Fincanon Michael Castro Susie Quinn Karen L. Montgomery Ernest T. Bannister TITLE OF SIGNING OFFICER Mayor Mayor Pro Tem Deputy Mayor Pro Tem City Manager City Secretary Finance Director Controller Section 2. That any two (2) or more of the signing officers referenced in Section 1 hereof are authorized to receive statements and canceled vouchers of the City of Murphy bank accounts, including the MDD bank account, and to appoint an agent or agents to do the same; furthermore, such officers are authorized to stop payment of checks of the City of Murphy bank accounts, including the MDD bank account, and to revoke stop payment orders. Section 3. That the bank which is the current depository for City funds is hereby authorized to honor or accept all drafts, checks and similar documents executed or endorsed on behalf of all the City of Murphy bank accounts, including the MDD bank account, in the manner provided in Section 1 hereof for the credit of or in payment of any obligations of or by the payee or any other holder. Section 4. That a certified copy of this Resolution shall be complete and full evidence of the enactment of this Resolution and of the authority of the respective officers herein named, and said authority shall remain in full force until written notice of revocation thereof shall be received by the bank or a certified copy of a Resolution designating different officers is received by the bank. Resolution Number 18-R Page 1 of 2 Page 28 of 78

29 Agenda Item 7. C. Section 5. That any and all resolutions, ordinances or other orders of the City Council of the City of Murphy which may be in conflict herewith or any provisions thereof are hereby repealed to the extent of such inconsistency. Section 6. This resolution shall become effective immediately upon approval. DULY RESOLVED by the City Council of the City of Murphy, Collin County, Texas, on this the 1 st day of May Scott Bradley, Mayor City of Murphy ATTEST: Susie Quinn, City Secretary City of Murphy Resolution Number 18-R Page 2 of 2 Page 29 of 78

30 Agenda Item 7. C. Authorization Certificate Depository Accounts and Treasury Management Services The undersigned hereby certifies that he or she is the duly appointed authorized representative of Murphy, City of (Account holder's complete legal entity/company name), a government entity (description of Account holder's business entity type) ("Customer"), with authority to act on behalf of Customer, and that the following are true and correct resolutions duly adopted by Customer, in accordance with its formation and governing documents, and that these resolutions have not been in any way altered, amended or rescinded, and are now in full force and effect: The undersigned further certifies that any one of the following named persons, whose signatures are set forth opposite their names (and titles, if applicable): Add more rows Remove Name Title (if applicable) Signature or Facsimile Signature 1 #1 Scott Bradley Mayor X #2 Jennifer Berthiaume Mayor Pro Tem X #3 Sarah Fincanon Deputy Mayor Pro Tem X #4 Mike Castro City Manager X #5 Susie Quinn City Secretary X #6 Karen L. Montgomery Finance Director X #7 Ernest T. Bannister Controller X is individually authorized to, and to designate one or more other Customer officers, agents or employees (each such aforementioned person, officer or designee thereof is referred to herein as an "Authorized Representative") to: (a) open or close one or more deposit and/or securities accounts (the "Accounts") with Wells Fargo Bank, National Association ("Bank"); (b) execute and deliver in Customer's name such agreement(s) regarding the Accounts and the services related thereto as Bank may from time to time require; (c) authorize and execute transactions on the Accounts, including, without limitation, (i) signing checks and other instruments withdrawing funds from the Accounts, including those payable to cash or to persons who sign them, (ii) requesting funds transfers by Bank to and from the Accounts, (iii) entering into arrangements for the processing of automated clearing house ( ACH ) debit entries and/or ACH credit entries to and from the Accounts, and (iv) endorsing on behalf of Customer, and otherwise negotiating, checks and other items payable to Customer; (d) incur overdrafts and other obligations in the Accounts at Bank in connection with any of the products, services, or activities authorized by these resolutions; and (e) invest Customer's funds on such terms and conditions as such Authorized Representative deems appropriate. Customer is authorized to enter into any other arrangements, agreements and documents with respect to any of Bank's deposit and treasury management products and services, in such form and on such terms and conditions as may be agreed to by an Authorized Representative signing such agreements and documents. Customer shall be bound to Bank by, and Bank may rely upon, any communication or act, including telephone communications, purporting to be done by any partner, employee or agent of Customer provided that Bank believes, in good faith, that the same is done by a person authorized to so act. The authority hereby conferred is in addition to that conferred by any other certificate heretofore or hereafter delivered to Bank and shall continue in full force and effect until Bank shall have received notice in writing from Customer of the revocation hereof. Any such revocation shall be effective only as to actions which are taken by Customer pursuant to the certifications contained herein, subsequent to Bank's receipt of such notice. The authority hereby conferred shall be deemed retroactive, and any and all acts authorized herein which were performed prior to the execution of this certificate are hereby approved and ratified. 1 Facsimile Signature/Logo. Customer authorizes the use of facsimile signatures/logos in connection with its agreements with and instructions to Bank if the facsimile/logo is provided on this form. Customer agrees its use of the facsimile/logo will be governed by Bank's Commercial Account Agreement. Authorization Certificate - Non-Personal Accounts (Revised 08/07/2015) Page 30 of 78

31 Agenda Item 7. C. The undersigned further certify that the activities covered by the foregoing certifications constitute duly authorized activities of Customer; that said certifications are now in full force and effect; and that there is no provision in any document pursuant to which Customer is organized and/ or which governs Customer's continued existence limiting the power of the undersigned to make the certifications set forth herein, and that the same are in conformity with the provisions of all such documents. ACKNOWLEDGED & AGREED TO: By/Signature: Printed Name: Susie Quinn (this individual must be a duly appointed representative of the TIN of record) Title (if applicable): City Secretary Date: May 1, 2018 Tax Identification Number of Customer: xx-xxx0102 (TIN of the Account holder as assigned by the IRS) Submit Edits 2015 Wells Fargo Bank, N.A., All rights reserved. Authorization Certificate - Non-Personal Accounts (Revised 08/07/2015) Page 31 of 78

32 Agenda Item 7. C. Amendment to Commercial Account Signature Card I. Account Title(s) Add more accounts Remove Account #1 xxxxxx7710 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #3 xxxxxx6995 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #2 xxxxxx7728 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #4 xxxxxx7001 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Amendment to Commercial Account Signature Card (Rev 8/16) Page 32 of 78

33 Agenda Item 7. C. Account #5 xxxxxx0820 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #7 xxxxxx8166 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #9 xxxxxx2833 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #6 xxxxxx8158 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #8 xxxxxx2825 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #10 xxxxxx0722 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Amendment to Commercial Account Signature Card (Rev 8/16) Page 33 of 78

34 Agenda Item 7. C. Account #11 xxxxxx4649 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #13 xxxxxx4698 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #15 xxxxxx4464 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #12 xxxxxx4680 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #14 xxxxxx4456 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Account #16 xxxxxx4472 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) Amendment to Commercial Account Signature Card (Rev 8/16) Page 34 of 78

35 Agenda Item 7. C. Account #17 xxxxxx2730 CoID 808 (Internal Use Only) Account Type: Checking (Non-interest) Checking with Interest Money Market Account Other Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Title Line 4 (If applicable, enter DBA name on last available title line) II. Amendment to Authorized Account Signers-add: Add more signatures Remove #1 Ernest T. Bannister Controller Signature Printed Name Position/Title Signer role-please Select one. If no selection default will be limited signer. Refer to section IV for authority definitions. Limited Signer Principal Officer/Key Executive Owner III. Amendment to Authorized Account Signers-delete: Add rows Remove #1 Signer Name #2 Signer Name IV. Customer Acknowledgement & Agreement On behalf of the customer, I hereby certify, by my signature below, that each of the individuals designated in Section II above as (a) a "Limited Signer" is authorized, acting alone, to (i) sign checks drawn on the account(s) and (ii) instruct Wells Fargo with respect to stop payment order(s). (b) a "Principal Officer/ Key Executive is authorized, acting alone, to (i) sign checks drawn on and make cash withdrawals from the accounts(s), (ii) instruct Wells Fargo with respect to stop payment order(s) and (iii) initiate funds transfers by ACH, wire or other means from the account(s) in accordance with the customer's contractual arrangements with Wells Fargo regarding these services. (c) an "Owner is authorized, acting alone, to (i) sign checks drawn on and make cash withdrawals from the accounts(s), (ii) instruct Wells Fargo with respect to stop payment order(s) and (iii) initiate funds transfers by ACH, wire or other means, including to personal and business account(s) in accordance with the customer's contractual arrangements with Wells Fargo regarding these services. Wells Fargo may obtain credit reports or other information about the customer. Wells Fargo may disclose information about each account to its affiliates, to credit reporting agencies, and to other persons or agencies that, in Wells Fargo's judgement, have a legitimate purpose for obtaining the information. I acknowledge that the customer has received the Wells Fargo Commercial Account Agreement and agrees its terms and conditions, as amended from time to time will govern the account(s). Susie Quinn Printed Name Authorized Signature City Secretary Position/Title May 1, 2018 Date Amendment to Commercial Account Signature Card (Rev 8/16) Page 35 of 78

36 Agenda Item 7. C. Bank Use Only Banker Name Carl Nicchio AU Submitter Name Sue Dougherty Banker Telephone +1 (214) Banker MAC RAU Officer # Submitter Phone # +1 (940) Wells Fargo Bank, N.A., All rights reserved. Submit Edits Amendment to Commercial Account Signature Card (Rev 8/16) Page 36 of 78

37 Agenda Item 7. C. City of Murphy 206 North Murphy Road, Murphy, TX xx-xxx0102 Texas Scott Bradley Mayor Jennifer Berthiaume Mayor Pro Tem Sarah Fincanon Deputy Mayor Pro Tem Mike Castro City Manager Susie Quinn City Secretary Karen L. Montgomery Finance Director Susie Quinn City Secretary 05/01/2018 Page 37 of 78

38 Agenda Item 7. C. City of Murphy 206 North Murphy Road, Murphy, TX xx-xxx0102 Texas Ernest T. Bannister Controller Susie Quinn City Secretary 05/01/2018 Page 38 of 78

39 Agenda Item 7. C. Authorization Certificate Depository Accounts and Treasury Management Services The undersigned hereby certifies that he or she is the duly appointed authorized representative of City of Murphy, Muni Devel Distr (Account holder's complete legal entity/company name), a government entity (description of Account holder's business entity type) ("Customer"), with authority to act on behalf of Customer, and that the following are true and correct resolutions duly adopted by Customer, in accordance with its formation and governing documents, and that these resolutions have not been in any way altered, amended or rescinded, and are now in full force and effect: The undersigned further certifies that any one of the following named persons, whose signatures are set forth opposite their names (and titles, if applicable): Add more rows Remove Name Title (if applicable) Signature or Facsimile Signature 1 #1 Scott Bradley Mayor X #2 Jennifer Berthiaume Mayor Pro Tem X #3 Sarah Fincanon Deputy Mayor Pro Tem X #4 Mike Castro City Manager X #5 Susie Quinn City Secretary X #6 Karen L. Montgomery Finance Director X #7 Ernest T. Bannister Controller X is individually authorized to, and to designate one or more other Customer officers, agents or employees (each such aforementioned person, officer or designee thereof is referred to herein as an "Authorized Representative") to: (a) open or close one or more deposit and/or securities accounts (the "Accounts") with Wells Fargo Bank, National Association ("Bank"); (b) execute and deliver in Customer's name such agreement(s) regarding the Accounts and the services related thereto as Bank may from time to time require; (c) authorize and execute transactions on the Accounts, including, without limitation, (i) signing checks and other instruments withdrawing funds from the Accounts, including those payable to cash or to persons who sign them, (ii) requesting funds transfers by Bank to and from the Accounts, (iii) entering into arrangements for the processing of automated clearing house ( ACH ) debit entries and/or ACH credit entries to and from the Accounts, and (iv) endorsing on behalf of Customer, and otherwise negotiating, checks and other items payable to Customer; (d) incur overdrafts and other obligations in the Accounts at Bank in connection with any of the products, services, or activities authorized by these resolutions; and (e) invest Customer's funds on such terms and conditions as such Authorized Representative deems appropriate. Customer is authorized to enter into any other arrangements, agreements and documents with respect to any of Bank's deposit and treasury management products and services, in such form and on such terms and conditions as may be agreed to by an Authorized Representative signing such agreements and documents. Customer shall be bound to Bank by, and Bank may rely upon, any communication or act, including telephone communications, purporting to be done by any partner, employee or agent of Customer provided that Bank believes, in good faith, that the same is done by a person authorized to so act. The authority hereby conferred is in addition to that conferred by any other certificate heretofore or hereafter delivered to Bank and shall continue in full force and effect until Bank shall have received notice in writing from Customer of the revocation hereof. Any such revocation shall be effective only as to actions which are taken by Customer pursuant to the certifications contained herein, subsequent to Bank's receipt of such notice. The authority hereby conferred shall be deemed retroactive, and any and all acts authorized herein which were performed prior to the execution of this certificate are hereby approved and ratified. 1 Facsimile Signature/Logo. Customer authorizes the use of facsimile signatures/logos in connection with its agreements with and instructions to Bank if the facsimile/logo is provided on this form. Customer agrees its use of the facsimile/logo will be governed by Bank's Commercial Account Agreement. Authorization Certificate - Non-Personal Accounts (Revised 08/07/2015) Page 39 of 78

40 Agenda Item 7. C. The undersigned further certify that the activities covered by the foregoing certifications constitute duly authorized activities of Customer; that said certifications are now in full force and effect; and that there is no provision in any document pursuant to which Customer is organized and/ or which governs Customer's continued existence limiting the power of the undersigned to make the certifications set forth herein, and that the same are in conformity with the provisions of all such documents. ACKNOWLEDGED & AGREED TO: By/Signature: Printed Name: Susie Quinn (this individual must be a duly appointed representative of the TIN of record) Title (if applicable): City Secretary Date: May 1, 2018 Tax Identification Number of Customer: xx-xxx7367 (TIN of the Account holder as assigned by the IRS) Submit Edits 2015 Wells Fargo Bank, N.A., All rights reserved. Authorization Certificate - Non-Personal Accounts (Revised 08/07/2015) Page 40 of 78

41 Agenda Item 7. C. Amendment to Commercial Account Signature Card I. Account Title(s) Add more accounts Remove Account #1 xxxxxx2284 CoID 808 (Internal Use Only) Title Line 1 City of Murphy (Customer s full legal name matching Customer s formation documents and TIN certification documentation- 40 characters max.) Optional Account Title Lines (40 characters max per line.) Title Line 2 Title Line 3 Murphy Municipal Development District Title Line 4 (If applicable, enter DBA name on last available title line) II. Amendment to Authorized Account Signers-add: Add more signatures Remove #1 #2 #3 #4 #5 Scott Bradley Mayor Signature Printed Name Position/Title Signer role-please Select one. If no selection default will be limited signer. Refer to section IV for authority definitions. Limited Signer Principal Officer/Key Executive Owner Jennifer Berthiaume Mayor Pro Tem Signature Printed Name Position/Title Signer role-please Select one. If no selection default will be limited signer. Refer to section IV for authority definitions. Limited Signer Principal Officer/Key Executive Owner Sarah Fincanon Deputy Mayor Pro Tem Signature Printed Name Position/Title Signer role-please Select one. If no selection default will be limited signer. Refer to section IV for authority definitions. Limited Signer Principal Officer/Key Executive Owner Mike Castro City Manager Signature Printed Name Position/Title Signer role-please Select one. If no selection default will be limited signer. Refer to section IV for authority definitions. Limited Signer Principal Officer/Key Executive Owner Susie Quinn City Secretary Signature Printed Name Position/Title Signer role-please Select one. If no selection default will be limited signer. Refer to section IV for authority definitions. Limited Signer Principal Officer/Key Executive Owner Amendment to Commercial Account Signature Card (Rev 06/2017) Page 41 of 78

42 Agenda Item 7. C. #6 #7 Karen L. Montgomery Finance Director Signature Printed Name Position/Title Signer role-please Select one. If no selection default will be limited signer. Refer to section IV for authority definitions. Limited Signer Principal Officer/Key Executive Owner Ernest T. Bannister Controller Signature Printed Name Position/Title Signer role-please Select one. If no selection default will be limited signer. Refer to section IV for authority definitions. Limited Signer Principal Officer/Key Executive Owner III. Amendment to Authorized Account Signers-delete: Add rows Remove #1 Steven G Ventura Signer Name #2 John Daugherty Signer Name #3 Colleen Halbert Signer Name #4 Bill Shipp Signer Name #5 Bret Baldwin Signer Name #6 Linda Truitt Signer Name IV. Customer Acknowledgement & Agreement On behalf of the customer, I hereby certify, by my signature below, that each of the individuals designated in Section II above as (a) a "Limited Signer" is authorized, acting alone, to (i) sign checks drawn on the account(s) and (ii) instruct Wells Fargo with respect to stop payment order(s). (b) a "Principal Officer/ Key Executive is authorized, acting alone, to (i) sign checks drawn on and make cash withdrawals from the accounts(s), (ii) instruct Wells Fargo with respect to stop payment order(s) and (iii) initiate funds transfers by ACH, wire or other means from the account(s) in accordance with the customer's contractual arrangements with Wells Fargo regarding these services. (c) an "Owner is authorized, acting alone, to (i) sign checks drawn on and make cash withdrawals from the accounts(s), (ii) instruct Wells Fargo with respect to stop payment order(s) and (iii) initiate funds transfers by ACH, wire or other means, including to personal and business account(s) in accordance with the customer's contractual arrangements with Wells Fargo regarding these services. Wells Fargo may obtain credit reports or other information about the customer. Wells Fargo may disclose information about each account to its affiliates, to credit reporting agencies, and to other persons or agencies that, in Wells Fargo's judgement, have a legitimate purpose for obtaining the information. I acknowledge that the customer has received the Wells Fargo Commercial Account Agreement and agrees its terms and conditions, as amended from time to time will govern the account(s). Susie Quinn Printed Name Authorized Signature City Secretary Position/Title May 1, 2018 Date Bank Use Only Banker Name Carl Nicchio AU Submitter Name Sue Dougherty Banker Telephone +1 (214) Banker MAC RAU Officer # Submitter Phone # +1 (940) Amendment to Commercial Account Signature Card (Rev 06/2017) Page 42 of 78

43 Agenda Item 7. C Wells Fargo Bank, N.A., All rights reserved. Submit Edits Amendment to Commercial Account Signature Card (Rev 06/2017) Page 43 of 78

44 Agenda Item 7. C. City of Murphy, Murphy Municipal Development District 206 North Murphy Rd, Murphy, TX xx-xxx7367 Texas Scott Bradley Mayor Jennifer Berthiaume Mayor Pro Tem Sarah Fincanon Deputy Mayor Pro Tem Mike Castro City Manager Susie Quinn City Secretary Karen L. Montgomery Finance Director Susie Quinn City Secretary 05/01/2018 Page 44 of 78

45 Agenda Item 7. C. City of Murphy, Murphy Municipal Development District 206 North Murphy Rd, Murphy, TX xx-xxx7367 Texas Ernest T. Bannister Controller Susie Quinn City Secretary 05/01/2018 Page 45 of 78

46 Agenda Item 8. A. Police Department May 1, 2018 ISSUE: Conduct the first of two public hearings for the continuation of the juvenile curfew regulations ordinance. STAFF RESOURCE/DEPARTMENT: Arthur Cotten, Police Chief SUMMARY: The Texas Local Government Code requires that every three years the City Council review the current Curfew Ordinance and conduct public hearings on the need to continue or abolish the ordinance. Public Hearing and Curfew Ordinance Renewal: As required by state law, Sec , Local Government Code (copy attached), Review of Curfew Order or Ordinance, City Council is required to: (1) review the ordinance or order s effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue or modify the ordinance or order. The current ordinance was adopted May 19, 2015, and this is the fourth review since the original ordinance was approved on July 21, FINANCIAL CONSIDERATIONS: There should be little or no fiscal impact with the renewing of this ordinance. OTHER CONSIDERATIONS: By law, at least two public hearings must be held. ACTION REQUIRED: Review the curfew ordinance and approve the renewal for an additional three years at the May 15, 2018, City Council meeting. BACKGROUND/HISTORY: The Murphy Police Department continues to fairly and routinely enforce this law. Statistics indicate that the intended purposes of this ordinance continue to be met. As was stated when this ordinance was initially passed, the purposes of this ordinance are Page 46 of 78

47 Agenda Item 8. A. to reduce crimes committed by juveniles and those committed against them. Analysis indicates that this ordinance continues to serve the purposes it was originally passed to do. The curfew ordinance in conjunction with other city ordinances has proven effective in reducing problems that accompany unsupervised juveniles. ATTACHMENTS: LOCAL GOVERNMENT CODE Citations Murphy Curfew Ordinance DRAFT 2018 Page 47 of 78

48 Agenda Item 8. A. LOCAL GOVERNMENT CODE TITLE 11. PUBLIC SAFETY SUBTITLE C. PUBLIC SAFETY PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND COUNTY HEALTH AND PUBLIC SAFETY Sec REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE. (a) Before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order. (b) Failure to act in accordance with Subsections (a)(1)-(3) shall cause the ordinance or order to expire. Added by Acts 1995, 74th Leg., ch. 262, Sec. 96, eff. May 31, Page 48 of 78

49 Agenda Item 8. A. Curfew Citations /2015 5/2016 Total = 25 Gender Male: 21 Female: 4 Ethnicity White: 17 Black: 1 Hispanic: 3 Middle Eastern: 1 Asian: 3 5/2016 5/2017 Total = 41 Gender Male: 24 Female: 17 Ethnicity White: 27 Black: 4 Hispanic: 8 Middle Eastern: 0 Asian: 2 Page 49 of 78

50 Agenda Item 8. A. 5/2017 4/2018 Total = 27 Gender Male: 17 Female: 10 Ethnicity White: 15 Black: 3 Hispanic: 4 Middle Eastern: 5 Asian: 0 Page 50 of 78

51 Agenda Item 8. A. ORDINANCE NUMBER XX (to be assigned ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS, PROVIDING FOR CURFEW HOURS FOR MINORS IN THE CITY; MAKING FINDINGS; PROVIDING DEFINITIONS RELATIVE TO CURFEW HOURS FOR MINORS; REQUIRING THE CITY MANAGER TO MAKE PERIODIC REPORTS TO THE CITY COUNCIL CONCERNING THE EFFECTIVENESS AND NEED FOR THIS ORDINANCE; REQUIRING THE CITY COUNCIL TO PERIODICALLY REVIEW THE EFFECTS OF THIS ORDINANCE ON THE COMMUNITY AND THE PROBLEMS THIS ORDINANCE IS INTENDED TO REMEDY; PROVIDING THAT FAILURE BY THE CITY COUNCIL TO CONDUCT SUCH PERIODIC REVIEWS AND HEARINGS SHALL CAUSE THIS ORDINANCE TO EXPIRE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS/REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR SAID ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS DATE OF PUBLICATION. WHEREAS, persons under the age of seventeen (17) years are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime; and WHEREAS, the City of Murphy, Texas, has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public and for the reduction of the incidence of juvenile criminal activities; and WHEREAS, other local governments in Texas that have adopted juvenile curfew ordinances generally have experienced a decrease in juvenile violence, and crime by persons under the age of seventeen (17) years; and WHEREAS, statistics from other municipalities that have adopted juvenile curfew ordinances reflect a decrease in violent offenses committed against juveniles during curfew hours; and WHEREAS, the City Council of the City of Murphy, Texas, previously adopted juvenile curfew ordinances on July 21, 2003, June 19, 2006, May 4, 2009, May 15, 2012, and May 19, 2015; and WHEREAS, section of the Texas Local Government Code, as amended, provides that the City Council of the City of Murphy, Texas, before the third anniversary of the date of adoption of a juvenile curfew ordinance City Council is required to (1) review the ordinance s effect on the community and on the problems the ordinance was intended to remedy; (2) conduct a public hearings on the need to continue the juvenile curfew ordinance; and (3) abolish, continue, or modify the juvenile curfew ordinance; and Ordinance No XX - Page 1 of 6 Page 51 of 78

52 Agenda Item 8. A. WHEREAS, the City Council of the City of Murphy, Texas, has conducted the review of the ordinance s effect, and has held the requisite public hearings on the juvenile curfew ordinance; and WHEREAS, the City Council has determined that a curfew for those under the age of seventeen (17) years will be in the best interest of the public health, safety, and general welfare and will help attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the City of Murphy. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURPHY, 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. SECTIONS OF CODE That sections to , Chapter 14, of the Code of Ordinances of the City of Murphy, Texas, as amended, are hereby amended to said Code and shall read as follows: DIVISION 2. CURFEW Sec DEFINITIONS. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Curfew hours means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. Ordinance No XX - Page 2 of 6 Page 52 of 78

53 Agenda Item 8. A. Guardian means: (1) A person who, under court order is the guardian of the person of a minor; or (2) A public or private agency with whom a minor has been placed by a court. Minor means any person under seventeen (17) years of age. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Parent means a person who is: (1) A natural parent, adoptive parent, or step-parent of another person; or (2) At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Remain means to: (1) Linger or stay; or (2) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sec OFFENSES. (a) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (b) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (c) The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. Ordinance No XX - Page 3 of 6 Page 53 of 78

54 Agenda Item 8. A. Sec DEFENSES (a) It is a defense to prosecution under Section that the minor was: (1) Accompanied by the minor's parent or guardian; (2) On an errand at the direction of the minor's parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (7) Attending a recreational or social activity supervised by adults who take responsibility for the minors; and, sponsored by a school, the city, or a nonprofit organization that sponsors or provides recreational or social activities for minors; or, going to and returning home therefrom without any detour or stop; (8) Attending a religious service, activity, or recreational or social activity sponsored or provided by a religious organization, or going to and returning therefrom without any detour or stop; (9) Exercising First Amendment Rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or (10) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code, as amended. (b) It is a defense to prosecution under Section (c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec ENFORCEMENT Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has Ordinance No XX - Page 4 of 6 Page 54 of 78

55 Agenda Item 8. A. occurred and that, based on any response and other circumstances, no defense in Section is present. Sec CITY MANAGER S REPORT ON EFFECTIVENESS OF REGULATIONS Before the third anniversary of the date of the adoption of this Section, the City Manager shall review this Section, report to the City Council, and make recommendations concerning the effectiveness of and need for this Section. The City Manager s report shall specifically include the following information: (1) The practicality of enforcing this Section and any problems with enforcement identified by the Police Department; (2) The impact of this Section on crime statistics, where available; (3) The number of persons successfully prosecuted for a violation of this Section; and (4) The City s cost of enforcing this Section. Sec CITY COUNCIL REVIEW OF REGULATIONS Before the third anniversary of the date of the adoption of this Section, and every third year thereafter, the City Council, pursuant to Section of the Texas Local Government Code, as amended, shall: (1) review the Section s effects on the community and on the problems the Section was intended to remedy; (2) conduct public hearings on the need to continue the Section; and (3) abolish, continue or modify the Section. Failure by the City Council to act in accordance with this Section shall cause this Section to expire. Sec PENALTY (a) A person who violates a provision of this division is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $ (b) When required by Section of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Section 46-62(a) and shall refer the minor to juvenile court. Ordinance No XX - Page 5 of 6 Page 55 of 78

56 Agenda Item 8. A. Section 3. SAVINGS/REPEALING CLAUSE All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed 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 ordinances shall remain in full force and effect. Section 4. SEVERABILITY CLAUSE 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. The City hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, 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. EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Murphy, Texas, on this the 15th day of May ATTEST: Scott Bradley, Mayor City of Murphy Susie Quinn, City Secretary City of Murphy APPROVED AS TO FORM AND LEGALITY: Wm. Andrew Messer, City Attorney Ordinance No XX - Page 6 of 6 Page 56 of 78

57 Agenda Item 8. A. Attachment for Agenda Item 8A 5/4/2018 Juvenile Curfew Renewal Background Ordinance last renewed May 19 th year period by statute Briefing required to Council Effect on Community Problems intended to remedy Public Hearing Council Action 1 Page 57 of 78

58 Agenda Item 8. A. Attachment for Agenda Item 8A 5/4/2018 Issues Primary Intent-promote overall safety of minors, prevent victimization. Crime Mitigation Criminal Mischief Use of Intoxicants CINS offenses Other Persons & Property Crimes Curfew Violations Dates Citations Issued May 2015 May May 2016 May May 2017 April Page 58 of 78

59 Agenda Item 8. A. Attachment for Agenda Item 8A 5/4/2018 Curfew Violations /2015 5/2016 Total = 25 Gender Male: 21 Female: 4 Ethnicity White: 17 Black: 1 Hispanic: 3 Middle Eastern: 1 Asian: 3 Curfew Violations /2016 5/2017 Total = 41 Gender Male: 24 Female: 17 Ethnicity White: 27 Black: 4 Hispanic: 8 Middle Eastern: 0 Asian: 2 3 Page 59 of 78

60 Agenda Item 8. A. Attachment for Agenda Item 8A 5/4/2018 Curfew Violations /2017 4/2018 Total = 27 Gender Male: 17 Female: 10 Ethnicity White: 15 Black: 3 Hispanic: 4 Middle Eastern: 5 Asian: 0 Hours/Permissible Conduct Hours: 11:00PM-6:00AM Sun-Thurs 12:01AM-6:00AM Sat/Sun The minor is accompanied by a parent or guardian On an errand at the direction of a parent or guardian, without any detour or stop In a motor vehicle involved in interstate travel Engaged in employment, or going to or returning from employment, without any detour or stop Involved in an emergency On the sidewalk by the minor s residence Attending an official sponsored function Exercising 1st Amendment right Married or had been married 4 Page 60 of 78

61 Agenda Item 8. A. Attachment for Agenda Item 8A 5/4/2018 Officer Response Call for Service or Officer initiated Determination of age and circumstances Enforcement Options Warning Parent/Guardian Field Release Citation Parent/Guardian Field Release Custody Release from Station 5 Page 61 of 78