* * * * NOTICE OF PUBLIC MEETING * * * *

CARROLLTON CITY COUNCIL WORKSESSION AND REGULAR MEETING

FEBRUARY 6, 2007

CITY HALL, 2ND FLOOR 1945 E. JACKSON ROAD DINNER, PRE-M EETING & WORKSESSION – 5:45 P.M. CARROLLTON, TEXAS REGULAR M EETING – 7:00 P.M.

AGENDA

* * * * PRE-MEETING / EXECUTIVE SESSION * * * *

1. Mayor and Council reports and information sharing.

2. Receive supplemental staff information and responses to questions.

3. Council will convene in Executive Session pursuant to Texas Government Code:

· Section 551.071 for private consultation with the City Attorney to seek legal advice with respect to pending and contemplated litigation and including all matters on this agenda to which the City Attorney has a duty under the Texas Rules of Discipline and Professional conduct regarding confidential communication with the City Council. . · Section 551.072 to discuss certain matters regarding real property. · Section 551.074 to discuss personnel matters. · Section 551.087 to discuss Economic Development.

4. Council will reconvene in open session to consider action, if any, on matters discussed in the Executive Session.

* * * * WORKSESSION * * * *

5. Presentation from Denton County Commissioner Ron Marchant Regarding Transportation and Other Related Issues.

6. Briefing on Facility Services Division Competitive Assessment and Recommendation.

7. Discuss Water Conservation and Management Strategies.

8. Discuss Proposed Charter Amendments.

9. Discuss Boards and Commission Banquet Information.

INVOCATION by Pastor Timothy Clowers of Grace Church USA.com

REGULAR M EETING & WORKSESSION AGENDA – FEBRUARY 6, 2007 PAGE 2 PLEDGE OF ALLEGIANCE

PUBLIC FORUM

10. Hearing of any citizen/visitor on items not listed on the regular meeting agenda. Citizens/visitors should complete an appearance card located on the table at the entrance to the City Council Chambers. Speakers must address their comments to the presiding officer rather than to individual Council members or staff; Stand at the podium, speak clearly into the microphone and state your name and address prior to beginning your remarks; Speakers will be allowed a maximum of 5 minutes for testimony; Speakers making personal, impertinent, profane or slanderous remarks may be removed from the room; Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations will not be permitted; No placards, banners or signs will be permitted in the Chambers or in any other room in which the council is meeting. In accordance with the State Open Meetings Act, the City Council is restricted from discussing or taking action on items not listed on the agenda. Action can only be taken at a future meeting.

CONSENT AGENDA (*All items marked with a single asterisk are part of a Consent Agenda and require no deliberation by the Council. Each Council member has the prerogative of removing an item from this agenda so that it may be considered separately. Contracts and agreements are available in the City Secretary’s Office.)

MINUTES

*11. Consider approval of the January 9, and January 16, 2007 Minutes.

BIDS AND PURCHASES

*12. Consider approval of Bid # 07-004 for a Fire Safety Trailer from Surrey Fire Safety House in an amount not to exceed $47,281.00.

*13. Consider approval of Bid # 07-002 for Water Tank Inspections and Cleaning from U.S. Underwater Services in an amount not exceed $30,000.00.

*14. Consider approval of Bid # 07-009 for Four Replacement Police Motorcycles from Southern Thunder Harley Davidson in an amount not to exceed $27,412.00.

*15. Consider approval of the purchase of One Replacement Vehicle for the Fleet Department through an Inter-Local agreement with Houston Galveston Area Council (HGAC) in an amount not to exceed $116,450.00.

*16. Consider approval of the purchase of Various HVAC System Replacements for Various Locations through an Inter-Local agreement with Texas Cooperative Purchasing Network in an amount not to exceed $188,582.00.

*17. Consider approval of the purchase of One Replacement Vehicle for the Police Department through an Inter-Local agreement with Houston Galveston Area Council (HGAC) in an amount not to exceed $36,126.00.

*18. Consider approval of Request for Proposals for Third Party Administration Services for Worker’s Compensation to TriStar for an amount not to exceed $124,500.00.

*19. Consider approval of Request for Proposals for Supervisory Control and Data Acquisition Operations System to Prime Controls in an amount not to exceed $45,200.00.

REGULAR M EETING & WORKSESSION AGENDA – FEBRUARY 6, 2007 PAGE 3 CONTRACTS AND AGREEMENTS

*20. Consider authorizing the City Manager to approve a Contract with RLB Contracting for Dredging and Desilting of Woodlake in an amount not to exceed $1,668,750.00.

*21. Consider authorizing the City Manager to approve a Contract with S.J. Louis Construction for the North Transmission Water Line, Segment 4 in an amount not to exceed $2,239,688.77.

*22. Consider authorizing the City Manager to approve Change Order #2 with Texas Waterworks for Various Additions to Work at the Rosemeade Aquatic Facility and Thomas Aquatic Facility in an amount of $204,630.70 for a revised contract amount not to exceed $2,750,004.70.

ORDINANCES

*23. Consider an ordinance Adopting the Proposed Fee Changes for the Indian Creek Golf Course Effective April 1, 2007.

*24. Consider an ordinance Adopting the Revised General Design Standards.

*25. Consider an ordinance Amending the Special Events Ordinance.

RESOLUTIONS

*26. Consider a resolution Appointing Members to Various Boards and Commissions.

*27. Consider a resolution Accepting the Investment Officer’s Annual Report for Fiscal Year Ended September 30, 2006 as Fulfillment of Chapter 2256 of the Government Code.

*28. Consider a resolution Accepting the Amended Investment Policy and Strategies as a Fulfillment of the Public Funds Investment Act Section 2256.00(e) and Repealing Resolution 2966.

*29. Consider a resolution Authorizing the City Manager to Enter Into an Inter-Local Agreement with the City of Dallas for Biomedical Communications in an amount not to exceed $45,035.00 per year for 2 consecutive years.

*30. Consider a resolution Authorizing the City Manager to Enter Into a Pipeline Crossing Agreement with the Union Pacific Railroad in an amount not to exceed $9,254.00.

*31. Consider a resolution Authorizing the City Manager to Acquire an Improved Tract of Land at 1109 S. Main Street for Future Transit Oriented Development Purposes.

*32. Consider a resolution Authorizing DART to Exercise Its Right of Eminent Domain to Acquire Various Properties for Future Light Rail Expansion.

*33. Consider a resolution Authorizing the City Manger to Acquire Unimproved Tracts of Land at 1399 Jackson Street and 1302 North Main Street for Future Improvement of Hutton Trail and Transit Oriented Development Purposes.

REGULAR M EETING & WORKSESSION AGENDA – FEBRUARY 6, 2007 PAGE 4 PUBLIC HEARINGS - CONSENT AGENDA (Items listed under the “Public Hearing Consent Agenda” have received a unanimous recommendation for approval by the Planning & Zoning Commission, and the city has received no written opposition to the cases at the date of the posting of the agenda. However, any person is welcome to speak on any of these agenda items by completing a “Request to Speak” card prior to the meeting. Otherwise, the items will be considered without deliberation. Each Council member has the prerogative of removing an item from this agenda so that it may be considered separately.)

*34. Hold a public hearing and consider approval of an ordinance Amending the Comprehensive Zoning Ordinance to permit medical and dental laboratories in the (O- 1), (O-2), (O-3) and (O-4) Office Districts. Case No. 01-07ZT1 Medical and Dental Labs in Office Districts/David Sydney.

PUBLIC HEARINGS – INDIVIDUAL CONSIDERATION

35. Hold a public hearing and introduce an ordinance for the proposed annexation of the JAMP Management Group Tract (Shops at Prestonwood) property. The 5.158-acre site is located on the west side of Marsh Lane, north of Hebron Parkway. Case No. 01- 07MD1 JAMP Management Group Tract (Shops at Prestonwood) Annexation/Michael Holigan.

CERTIFICATE - I certify that the above agenda giving notice of meeting was posted on the bulletin board at the City Hall of Carrollton, Texas on the __2nd_ day of February 2007 at 9:00 a.m.

______Ashley D. Mitchell, City Secretary

This building is wheelchair accessible. For accommodations or sign interpretive services, please contact City Secretary’s Office at least 72 hours in advance at 972-466-3021. Opportunities and services are offered by the City of Carrollton without regard to race, color, age, national origin, religion, sex or disability.

CC MEETING: February 6, 2007

DATE: January 19, 2007

TO: Leonard A. Martin, City Manager

FROM: Thomas P. Guilfoy, Director of Managed Competition and Strategic Planning

SUBJECT: FACILITY SERVICES DIVISION COMPETITIVE ASSESSMENT AND RECOMMENDATION

BACKGROUND: Since 2004, the city of Carrollton’s Facility Services Division (CFSD) has been preparing for Managed Competition. Over the last two years, several internal and external operational and competitive assessments have been completed that identified various strengths and weaknesses in the CFSD operation and recommended changes in systems, work processes, staffing and performance management to improve productivity, service quality, cost-competitiveness and customer satisfaction.

In September 2005, a comprehensive internal Managed Competition Feasibility Study was completed. The study found that CFSD was “partially competitive” with best-in-class facility management and maintenance service providers. In response to the study findings, CFSD proposed to re-engineer and restructure their operations to become more competitive.

In November 2005, the City Manager directed staff to prepare for a competitive bidding process to determine the “best value” provider. A Request for Bid (RFB #07-001) document for facility services was developed and released in October 2006. The deadline for submission of bids was November 22, 2006. The RFB evaluation team determined that the CFSD bid response provided the best value for the City of Carrollton. The City Manager’s Office will enter into a multi-year service level agreement (SLA) with CFSD to ensure that the city continues to receive high quality and cost-effective facility maintenance and management services.

The purpose of this briefing is to provide Council with an overview of the transformation of CFSD into a high performance service business and to recognize the efforts of those involved.

FINANCIAL IMPLICATIONS: As a result of the Managed Competition process, CFSD will be able to provide high quality, cost-effective services and maintain high levels of customer satisfaction while providing additional value-added services.

IMPACT ON COMMUNITY SUSTAINABILITY: The CFSD staff maintains 54 major city facilities (owned and leased) totaling 673,000 square feet and serves 928 city employees. CFSD makes an important contribution to community sustainability by ensuring that all city facilities are safe, energy-efficient and available for the intended use and enjoyment of our community.

STAFF RECOMMENDATION/ACTION DESIRED: Continue to endorse and support the city’s Managed Competition philosophy. Recognize the efforts of city staff in transforming the organization into a high performance service business.

ATTACHMENTS: None. A PowerPoint presentation will be delivered to Council during the work session.

CC WORKSESSION MEETING: February 6, 2007

DATE: January 30, 2007

TO: Leonard Martin, City Manager

FROM: Bob Scott, Assistant City Manager

SUBJECT: WATER CONSERVATION AND MANAGEMENT STRATEGIES

BACKGROUND:

Reservoir Levels are Low. Dallas area drinking water reservoirs finished the 2006 summer seriously depleted and have only just now begun to recover in the four months since summer end. Attachment A lists the status of Dallas area reservoirs as of December 6, 2006 and January 24, 2007 and it is becoming increasingly likely that area cities will enter the high water demand summer season with the majority of reservoirs under capacity. This in turn increases the likelihood that even an average summer could trigger mandatory watering restrictions throughout the region.

Traditional Day of the Week Rationing Has Limits. Unfortunately there is mounting evidence that mandatory watering restrictions that limit the time of day and number of days per week is at best ineffective and could actually increase usage. Recently the City received a system requirements analysis from its consulting engineers Birkhoff, Hendricks & Conway, LLP that came to the conclusion that the city would need to increase its system capacity by 2.5 million gallons a day if it intended to impose mandatory watering restrictions in future years. This conclusion was based on the experience of numerous water system studies throughout the area including utilities that imposed mandatory restrictions in a year that their neighboring utilities did not. Attachment B contains information on recent hot summers and Carrollton consumption for those summers. In 2000 the City did not formally adopt mandatory conservation but rigorously enforced voluntary twice a week watering beginning in August including a public information campaign, patrolling neighborhoods and issuance of over 800 notices of violations during the month. Per capita consumption jumped 23% over the previous month to 392 gallons per day which remains the highest monthly average in city history.

Sprinkler Systems Reign Supreme. The water usage patterns discussed above are due to the prevalence of automated sprinkler systems that make traditional mandatory water conservation approaches obsolete. A typical residential 5/8th inch garden hose with an oscillating sprinkler will use about 360 gallons an hour and must be moved periodically and turned on and off. A typical residential sprinkler system on the other hand uses about 1200 gallons an hour and can be programmed to turn on and off any time of the day or night. The superior output of irrigation systems allows residential customers to use several thousand gallons of water in a single day and when watering restrictions are imposed many customers will increase the amount of time the system runs on the allowed day or water twice or more on allowed days. The programming capability of irrigations systems also make non-compliance easy as many residents will program their systems to come on in the early morning hours on non watering days when people are less likely to notice. Other disadvantages of mandatory programs is the significant overtime occurred by city crews attempting to enforce restrictions and the creation of “artificial” demand peaks that place stress on the system.

STAFF RECOMMENDATIONS:

State law and the city’s contract with its supplier, Dallas Water Utilities, require it to have a water conservation plan. This plan, adopted in 2005, provides for mandatory conservation measures when certain use thresholds are met. Based on the background above, staff would like to do everything possible to avoid meeting those thresholds that would require mandatory conservation. Working together, representatives from Public Works, Marketing, Engineering and Finance have developed an approach that utilizes the information currently available in our billing system to target those users that are the largest water consumers during high summer time demand periods. Attachment C lists consumption patterns for both residential and irrigation customers.

Notable findings from these attachments is that apartments and property managers are the largest irrigation users in the city. The analysis also shows that although most residences will use more water in the summer months, seventy six percent of all residences are able to meet their irrigation needs with 25,000 gallons or less per month. The approximately twenty four percent of homes that used over the 25,000 gallons per month last summer account for 46% of total residential summertime use and that if all residential consumption over 25,000 gallons could be eliminated summertime demand could be reduced by 2.7 million gallons a day. While it is not realistic to eliminate all residential use over 25,000, targeting this user group makes sense in that it allows the city to reduce consumption without sacrificing the average homeowner’s desire for a green, healthy yard.

These findings have led to the following recommendations:

Ø Raise residential water rates for May-September consumption that is over 25,000 gallons from the current $3.77 per thousand to $4.34 per thousand (15%) combined with targeted mailings to all households using more than 25,000 gallons last summer informing them of the increase and providing ways that they can reduce their consumption. Current water rates, the impact of various rate increases and a comparison of rates to the Carrollton’s benchmark cities are contained at Attachment D.

Ø Raise irrigation rates across the board by 10% and instruct staff to bring back future irrigation increases for the next several years regardless of whether rate adjustments to other rate classes are being considered. The top irrigation rate at $2.32 is twenty five cents below the lowest residential rate and is much too low to encourage conservation. Raising rates over several years will provide a clear message to encourage water conservation while avoiding rate shock.

Ø Schedule presentations to apartment managers and property management companies to inform them on ways to use less water while maintaining healthy landscapes and to inform them of the pending rate increases.

Ø Develop a comprehensive year round public education campaign that emphasizes goals on quantity of water used rather than number of times watering is permitted. Attachment E includes an outline of the marketing campaign.

FINANCIAL IMPLICATIONS:

The 2007 budget stated that there was not a financial need to raise water rates. This proposed rate increase is targeted to encourage water conservation and would take effect May1, 2007. Even in hot, dry summers as that experienced in 2006, only about 24% of residential accounts will see any type of rate increase. All irrigation accounts will see an increase but lower volume users such as most HOA’s will see only a few dollars per month increase to their rates. The additional revenue raised from these targeted rates will vary dramatically based on individual summers but if the same amount of water is used as the summer of 2006, approximately $300,000 of additional revenue will be raised. It is hoped that these rate increases combined with the education campaign will actually reduce the amount of water used in these high consumption categories and therefore be revenue neutral. As has been the case in the past, it is the city’s intention to use any surplus utility revenues to a) avoid future rate increases at the lower consumption categories b) fund “pay as you go” capital programs rather than issuing debt and c) fund water conservation devices such as rain and freeze sensors and direct mailings designed to reduce consumption.

STAFF RECOMMENDATION/ACTION DESIRED:

Discuss and provide staff feedback on the proposed water reduction strategies.

ATTACHMENTS:

Attachment A-Reservoir Levels Attachment B-Comparison of hot summers and Carrollton Usage Attachment C-Analysis of summer 2006 water consumption for residential and irrigation groups Attachment D-Current Water Rates, Impact of Proposed Rates, Rate Comparison to Benchmark Cities Attachment E-Public Education Campaign

Attachment F- Recent Articles on area water supply

Attachment A

Local Reservoir Data December 6, 2006

Feet Below Total Capacity Current Volume Percent Full Full (Acre Feet) (Acre Feet) Dallas Water Utilities

Grapevine Lake (12.89) 164,703 91,771 55.7% Lewisville Lake (9.83) 543,988 394,613 72.5% Lake Ray Hubbard (4.16) 452,040 368,318 81.5% Lake Ray Roberts (8.05) 798,758 588,610 73.7% Lake Tawakoni (12.24) 888,140 499,322 56.2%

Total without Future supply 2,847,629 1,942,634 68.2%

Not Yet Connected

LakeFork (5.30) 636,133 503,947 79.2% Palestine (4.83) 373,202 273,809 73.4%

Total DWU 3,856,964 2,720,390 70.5%

North Texas Municipal WD

Lavon Lake (16.52) 456,526 178,032 39.0% Lake Jim Chapman (17.39) 310,312 82,215 26.5%

Total excluding Texoma 766,838 260,247 33.9%

Texoma (2.84) 2,516,232 2,313,562 91.9%

Notes:

The amounts above represents total capacity. Various other Water Suppliers also have water rights in each reservoir. The poor quality of Texoma water make it a "last resort" from a water supply standpoint. Data is of December 6, 2006 Attachment A

Local Reservoir Data January 24, 2007

Feet Below Total Capacity Current Volume Percent Full Full (Acre Feet) (Acre Feet) Dallas Water Utilities

Grapevine Lake (10.82) 164,703 101,925 61.9% Lewisville Lake (5.69) 543,988 488,829 89.9% Lake Ray Hubbard (1.45) 452,040 422,246 93.4% Lake Ray Roberts (6.97) 798,758 614,232 76.9% Lake Tawakoni (8.15) 888,140 612,722 69.0%

Total without Future supply 2,847,629 2,239,954 78.7%

Not Yet Connected

LakeFork (1.91) 636,133 586,266 92.2% Palestine 0.81 373,202 391,184 104.8%

Total DWU 3,856,964 3,217,404 83.4%

North Texas Municipal WD

Lavon Lake (8.33) 456,526 298,756 65.4% Lake Jim Chapman (9.35) 310,312 163,050 52.5%

Total excluding Texoma 766,838 461,806 60.2%

Texoma (1.37) 2,516,232 2,415,905 96.0%

Notes:

The amounts above represents total capacity. Various other Water Suppliers also have water rights in each reservoir. The poor quality of Texoma water make it a "last resort" from a water supply standpoint. Data is of December 6, 2006 and January 24, 2007 respectively..

Attachment B

Historic Water Usage Analysis Purpose: To compare two Summers of Mandatory Water Rationing (1998 & 2000) to a similar Summer without Mandatory Water Rationing (2006). 1998 2000 2006 June AVG MAX TEMP 96 89 95 AVG MIN TEMP 75 72 72 AVG TEMP 85 81 84 TOTAL PRECIPITATION 1.75 5.93 0.34 AVG PER CAPITA USAGE 284 198 306 AVG RECEIVING TOTAL 27,566 20,944 35,747 MIN RECEIVING DAY 17,352 14,818 30,281 MAX RECEIVING DAY 34,594 35,046 42,625 TOTAL RECEIVING MONTH 826,994 628,322 1,072,413 PRECIP. DEPARTURE FROM NORMAL -1.23 2.95 -2.89

July AVG MAX TEMP 102 98 98 AVG MIN TEMP 81 77 77 AVG TEMP 92 87 88 TOTAL PRECIPITATION 0.11 0.00 1.78 AVG PER CAPITA USAGE 350 318 312 AVG RECEIVING TOTAL 33,984 33,690 36,402 MIN RECEIVING DAY 26,039 22,735 24,818 MAX RECEIVING DAY 37,225 38,088 42,684 TOTAL RECEIVING MONTH 1,053,489 1,044,397 1,128,448 PRECIP. DEPARTURE FROM NORMAL -2.2 -2.31 -0.34

August AVG MAX TEMP 98 102 101 AVG MIN TEMP 77 78 79 AVG TEMP 88 90 90 TOTAL PRECIPITATION 0.35 0.00 0.52 AVG PER CAPITA USAGE 339 392 341 AVG RECEIVING TOTAL 32,958 41,453 39,825 MIN RECEIVING DAY 23,644 36,028 23,150 MAX RECEIVING DAY 38,478 44,235 43,274 TOTAL RECEIVING MONTH 1,021,687 1,285,057 1,234,572 PRECIP. DEPARTURE FROM NORMAL -1.86 -2.21 -1.51

September AVG MAX TEMP 93 92 89 AVG MIN TEMP 74 68 67 AVG TEMP 84 80 78 TOTAL PRECIPITATION 0.68 0.16 2.60 AVG PER CAPITA USAGE 293 346 243 AVG RECEIVING TOTAL 28,514 36,620 28,343 MIN RECEIVING DAY 14,778 27,264 17,633 MAX RECEIVING DAY 37,111 43,039 35,693 TOTAL RECEIVING MONTH 855,430 1,098,607 850,294 PRECIP. DEPARTURE FROM NORMAL -2.71 -3.23 0.18

Historic Water Usage Analysis (3).xls

Attachment C City of Carrollton June - August 2006 Residential Water Use

Average Residential Water Usage 0-10,000 gal 10,001 - 25,000 gal 25,001-50,000 gal 50,001 + gal Total Average Number of Summer Customers 8,438 14,725 6,490 656 30,309 Percentage of Customers 27.8% 48.6% 21.4% 2.2% 100% Average Residential Water Consumption TG 54,968 255,770 217,038 41,758 569,534 Percentage of Water Used 9.7% 44.9% 38.1% 7.3% 100%

AVERAGING Number of Residential Customers 0-10,000 10,001 - 25,000 25,001-50,000 50,001 + Total June 9,225 14,912 5,666 498 30,301 July 8,470 14,708 6,468 649 30,295 August 7,618 14,554 7,336 822 30,330 AVERAGE 8,438 14,725 6,490 656 30,309

Residential Consumption TG 0-10,000 10,001 - 25,000 25,001-50,000 50,001 + Total June 59,738 256,434 187,981 31,280 535,433 July 55,523 255,204 215,905 41,620 568,252 August 49,644 255,671 247,227 52,375 604,917 AVERAGE 54,968 255,770 217,038 41,758 569,534 Attachment C - Irrigation City of Carrollton January - December 2006 Irrigation Consumption Tier 2 & 3

Greater than 10,000 Gallons

PROPERTY MANUFACTURING & UNKNOWN NON- MULTI-FAMILY MANAGEMENT SCHOOL RETAIL BUSINESS TYPE HOA PROFIT CITY MEDICAL FED GOV'T LANDSCAPE 198,266 155,315 128,280 61,039 35,907 31,396 25,870 24,443 5,011 4,442 1,080

Percent Usage of Grand Total 27.48% 21.52% 17.78% 8.46% 4.98% 4.35% 3.59% 3.39% 0.69% 0.62% 0.15%

Base 0 - 2,000 gal Tiers 2 & 3 Total 671,049 Tier 1 2,000 - 10,000 gal Tier 1 & Base Total 50,531 Tier 2 10,000 - 25,000 gal Grand Total 721,580 Tier 3 25,000 + gal

5/8” meter $9.34 1” meter $13.51 1.5” meter $20.43 2” meter $28.74 3” meter $50.93 4” meter $75.86 6” meter $145.14 8” meter $228.28 10” meter $325.27

Commercial and industrial use:

All use over 2,000 gallons, per 1,000 gallons $1.95 City of Carrollton Attachment D Water Conservation Rate Scenarios Residential-Summer and Irrigation

Residential Current Residential -10% increase over 25,000 gallons Increase Cumulative Incremental Total Water Cumulative Incremental Total Water Over Monthly Use Increase Charges Monthly Use Increase Charges Current First 10,000 gallons 10,000 $30.83 $30.83 First 10,000 gallons 10,000 $30.83 $30.83 $0.00 Next 10,000 gallons 20,000 $34.60 $65.43 Next 10,000 gallons 20,000 $34.60 $65.43 $0.00 Next 10,000 gallons 30,000 $36.15 $101.58 Next 10,000 gallons 30,000 $38.05 $103.48 $1.90 Next 10,000 gallons 40,000 $37.70 $139.28 Next 10,000 gallons 40,000 $41.50 $144.98 $5.70 Next 10,000 gallons 50,000 $37.70 $176.98 Next 10,000 gallons 50,000 $41.50 $186.48 $9.50 Next 10,000 gallons 60,000 $37.70 $214.68 Next 10,000 gallons 60,000 $41.50 $227.98 $13.30 Next 10,000 gallons 70,000 $37.70 $252.38 Next 10,000 gallons 70,000 $41.50 $269.48 $17.10 Next 10,000 gallons 80,000 $37.70 $290.08 Next 10,000 gallons 80,000 $41.50 $310.98 $20.90 Next 10,000 gallons 90,000 $37.70 $327.78 Next 10,000 gallons 90,000 $41.50 $352.48 $24.70 Next 10,000 gallons 100,000 $37.70 $365.48 Next 10,000 gallons 100,000 $41.50 $393.98 $28.50

Residential- 15% increase over 25,000 gallons Residential - 20% increase over 25,000 gallons Increase Increase Cumulative Incremental Total Water Over Cumulative Incremental Total Water Over Monthly Use Increase Charges Current Monthly Use Increase Charges Current First 10,000 gallons 10,000 $30.83 $30.83 $0.00 First 10,000 gallons 10,000 $30.83 $30.83 $0.00 Next 10,000 gallons 20,000 $34.60 $65.43 $0.00 Next 10,000 gallons 20,000 $34.60 $65.43 $0.00 Next 10,000 gallons 30,000 $39.00 $104.43 $2.85 Next 10,000 gallons 30,000 $39.90 $105.33 $3.75 Next 10,000 gallons 40,000 $43.40 $147.83 $8.55 Next 10,000 gallons 40,000 $45.20 $150.53 $11.25 Next 10,000 gallons 50,000 $43.40 $191.23 $14.25 Next 10,000 gallons 50,000 $45.20 $195.73 $18.75 Next 10,000 gallons 60,000 $43.40 $234.63 $19.95 Next 10,000 gallons 60,000 $45.20 $240.93 $26.25 Next 10,000 gallons 70,000 $43.40 $278.03 $25.65 Next 10,000 gallons 70,000 $45.20 $286.13 $33.75 Next 10,000 gallons 80,000 $43.40 $321.43 $31.35 Next 10,000 gallons 80,000 $45.20 $331.33 $41.25 Next 10,000 gallons 90,000 $43.40 $364.83 $37.05 Next 10,000 gallons 90,000 $45.20 $376.53 $48.75 Next 10,000 gallons 100,000 $43.40 $408.23 $42.75 Next 10,000 gallons 100,000 $45.20 $421.73 $56.25

Staff proposal is shaded. City of Carrollton Attachment D Water Conservation Rate Scenarios Residential-Summer and Irrigation

Irrigation Current Irrigation 10% increase Increase Cumulative Incremental Total Water Cumulative Incremental Total Water Over Monthly Use Increase Charges Monthly Use Increase Charges Current First 10,000 gallons 10,000 $26.51 $26.51 First 10,000 gallons 10,000 $28.11 $28.11 $1.60 Next 10,000 gallons 20,000 $22.20 $48.71 Next 10,000 gallons 20,000 $24.40 $52.51 $3.80 Next 10,000 gallons 30,000 $22.70 $71.41 Next 10,000 gallons 30,000 $24.95 $77.46 $6.05 Next 10,000 gallons 40,000 $23.20 $94.61 Next 10,000 gallons 40,000 $25.50 $102.96 $8.35 Next 10,000 gallons 50,000 $23.20 $117.81 Next 10,000 gallons 50,000 $25.50 $128.46 $10.65 Next 50,000 gallons 100,000 $116.00 $233.81 Next 50,000 gallons 100,000 $127.50 $255.96 $22.15 Next 50,000 gallons 150,000 $116.00 $349.81 Next 50,000 gallons 150,000 $127.50 $383.46 $33.65 Next 50,000 gallons 200,000 $116.00 $465.81 Next 50,000 gallons 200,000 $127.50 $510.96 $45.15 Next 50,000 gallons 250,000 $116.00 $581.81 Next 50,000 gallons 250,000 $127.50 $638.46 $56.65 Next 50,000 gallons 300,000 $116.00 $697.81 Next 50,000 gallons 300,000 $127.50 $765.96 $68.15

Irrigation 15% increase Irrigation 30% increase Increase Increase Cumulative Incremental Total Water Over Cumulative Incremental Total Water Over Monthly Use Increase Charges Current Monthly Use Increase Charges Current First 10,000 gallons 10,000 $28.99 $28.99 $2.48 First 10,000 gallons 10,000 $31.39 $31.39 $4.88 Next 10,000 gallons 20,000 $25.50 $54.49 $5.78 Next 10,000 gallons 20,000 $28.90 $60.29 $11.58 Next 10,000 gallons 30,000 $26.10 $80.59 $9.18 Next 10,000 gallons 30,000 $29.55 $89.84 $18.43 Next 10,000 gallons 40,000 $26.70 $107.29 $12.68 Next 10,000 gallons 40,000 $30.20 $120.04 $25.43 Next 10,000 gallons 50,000 $26.70 $133.99 $16.18 Next 10,000 gallons 50,000 $30.20 $150.24 $32.43 Next 50,000 gallons 100,000 $133.50 $267.49 $33.68 Next 50,000 gallons 100,000 $151.00 $301.24 $67.43 Next 50,000 gallons 150,000 $133.50 $400.99 $51.18 Next 50,000 gallons 150,000 $151.00 $452.24 $102.43 Next 50,000 gallons 200,000 $133.50 $534.49 $68.68 Next 50,000 gallons 200,000 $151.00 $603.24 $137.43 Next 50,000 gallons 250,000 $133.50 $667.99 $86.18 Next 50,000 gallons 250,000 $151.00 $754.24 $172.43 Next 50,000 gallons 300,000 $133.50 $801.49 $103.68 Next 50,000 gallons 300,000 $151.00 $905.24 $207.43

Staff proposal is shaded. City of Carrollton Attachment D Water Conservation Rate Scenarios Residential-Summer and Irrigation

Residential Current Residential -10% increase over 25,000 gallons New Rate above 50TG that is 20% over 25-50,000 rate Increase Cumulative Incremental Total Water Cumulative Incremental Total Water Over Monthly Use Increase Charges Monthly Use Increase Charges Current First 10,000 gallons 10,000 $30.83 $30.83 First 10,000 gallons 10,000 $30.83 $30.83 $0.00 Next 10,000 gallons 20,000 $34.60 $65.43 Next 10,000 gallons 20,000 $34.60 $65.43 $0.00 Next 10,000 gallons 30,000 $36.15 $101.58 Next 10,000 gallons 30,000 $38.05 $103.48 $1.90 Next 10,000 gallons 40,000 $37.70 $139.28 Next 10,000 gallons 40,000 $41.50 $144.98 $5.70 Next 10,000 gallons 50,000 $37.70 $176.98 Next 10,000 gallons 50,000 $41.50 $186.48 $9.50 Next 10,000 gallons 60,000 $37.70 $214.68 Next 10,000 gallons 60,000 $49.80 $236.28 $21.60 Next 10,000 gallons 70,000 $37.70 $252.38 Next 10,000 gallons 70,000 $49.80 $286.08 $33.70 Next 10,000 gallons 80,000 $37.70 $290.08 Next 10,000 gallons 80,000 $49.80 $335.88 $45.80 Next 10,000 gallons 90,000 $37.70 $327.78 Next 10,000 gallons 90,000 $49.80 $385.68 $57.90 Next 10,000 gallons 100,000 $37.70 $365.48 Next 10,000 gallons 100,000 $49.80 $435.48 $70.00

Residential- 15% increase over 25,000 gallons Residential 20% increase over 25,000 gallons New Rate above 50TG that is 20% over 25-50,000 rate New Rate above 50TG that is 20% over 25-50,000 rate Increase Increase Cumulative Incremental Total Water Over Cumulative Incremental Total Water Over Monthly Use Increase Charges Current Monthly Use Increase Charges Current First 10,000 gallons 10,000 $30.83 $30.83 $0.00 First 10,000 gallons 10,000 $30.83 $30.83 $0.00 Next 10,000 gallons 20,000 $34.60 $65.43 $0.00 Next 10,000 gallons 20,000 $34.60 $65.43 $0.00 Next 10,000 gallons 30,000 $39.00 $104.43 $2.85 Next 10,000 gallons 30,000 $39.90 $105.33 $3.75 Next 10,000 gallons 40,000 $43.40 $147.83 $8.55 Next 10,000 gallons 40,000 $45.20 $150.53 $11.25 Next 10,000 gallons 50,000 $43.40 $191.23 $14.25 Next 10,000 gallons 50,000 $45.20 $195.73 $18.75 Next 10,000 gallons 60,000 $52.10 $243.33 $28.65 Next 10,000 gallons 60,000 $54.20 $249.93 $35.25 Next 10,000 gallons 70,000 $52.10 $295.43 $43.05 Next 10,000 gallons 70,000 $54.20 $304.13 $51.75 Next 10,000 gallons 80,000 $52.10 $347.53 $57.45 Next 10,000 gallons 80,000 $54.20 $358.33 $68.25 Next 10,000 gallons 90,000 $52.10 $399.63 $71.85 Next 10,000 gallons 90,000 $54.20 $412.53 $84.75 Next 10,000 gallons 100,000 $52.10 $451.73 $86.25 Next 10,000 gallons 100,000 $54.20 $466.73 $101.25

Summary of Area City Water Rate Structures Attachment D as of January 2007

Tiered Base Charge Rates Seasonal or Amt [gal Month of August bill for total usage of: Water Yes/No Year Round included] 10,000 gal 25,000 gal 50,000 gal Source** Addison Yes Year Round $7.28 [2,000] $ 22.00 $ 68.00 $ 160.00 Dallas Allen Yes Year Round $8.47 [1,500] $ 29.71 $ 79.86 $ 183.11 North Texas Arlington Yes Year Round $7.55 [none] $ 22.67 $ 64.67 $ 139.67 Tarrant Carrollton Yes Seasonal $10.27 [2,000] $ 30.83 $ 82.73 $ 176.98 Dallas Carrollton proposed* Yes Seasonal $10.27 [2,000] $ 30.83 $ 82.73 $ 191.23 Dallas Coppell No Year Round $12.00 [1,000] $ 35.40 $ 74.40 $ 155.65 Dallas Dallas Yes Year Round $3.61 [none] $ 23.11 $ 76.11 $ 168.61 Dallas Denton Yes Seasonal $9.55 [none] $ 35.55 $ 85.44 $ 195.44 Dallas F. Branch Yes Year Round $10.44 [2,000] $ 35.08 $ 83.53 $ 166.28 Dallas Frisco Yes Year Round $9.77 [2,000] $ 28.01 $ 69.21 $ 143.71 North Texas Garland No Year Round $7.90 [none] $ 32.70 $ 69.90 $ 131.90 North Texas G.Prairie Yes Year Round $2.33 [3,000] $ 20.18 $ 65.03 $ 161.78 Dallas Irving Yes Seasonal $6.18 [3,000] $ 28.16 $ 76.01 $ 158.26 Dallas/Ind. Lewisville No Year Round $12.86 [2,000] $ 34.14 $ 74.04 $ 140.54 Dallas McKinney Yes Year Round $9.50 [1,000] $ 32.00 $ 77.00 $ 158.25 North Texas Mesquite No Year Round $4.65 [1,000] $ 29.40 $ 70.65 $ 139.40 North Texas Plano Yes Seasonal $12.79 [1,000] $ 21.29 $ 51.29 $ 126.29 North Texas Richardson Yes Year Round $6.00 [none] $ 31.50 $ 73.29 $ 149.99 North Texas Colony Yes Year Round $14.31 [2,000] $ 40.23 $ 96.83 $ 208.38 Dallas Average $ 29.62 $ 74.77 $ 159.12 Current $ 159.92 Proposed

Median $ 158.26 Current Summary of Area Irrigation Rates Attachment D as of January 2007*

Irrigation Rate Same as Water 20k 50k 100k 200k or Separate Rates Addison $ 77.20 $ 187.60 $ 371.60 $ 739.60 Separate Allen $ 60.90 $ 181.85 $ 388.35 $ 801.35 Same Arlington $ 60.00 $ 150.00 $ 300.00 $ 600.00 Separate Carrollton $ 48.71 $ 117.81 $ 233.81 $ 465.81 Separate Carrollton-proposed $ 52.51 $ 128.46 $ 255.96 $ 510.96 Separate Coppell $ 61.40 $ 155.65 $ 318.15 $ 643.15 Same Dallas $ 54.00 $ 165.00 $ 350.00 $ 720.00 Same Denton $ 101.85 $ 269.85 $ 557.35 $ 1,132.35 Separate F. Branch $ 66.98 $ 166.28 $ 331.78 $ 662.78 Same Frisco $ 54.31 $ 143.71 $ 292.71 $ 590.71 Same G. Prairie $ 45.68 $ 161.78 $ 355.28 $ 742.28 Same Garland $ 57.50 $ 131.90 $ 255.90 $ 503.90 Same Irving $ 59.56 $ 195.95 $ 360.45 $ 689.45 Same Lewisville $ 60.66 $ 140.46 $ 273.46 $ 539.46 Same McKinney $ 63.25 $ 160.75 $ 323.25 $ 648.25 Separate Mesquite $ 56.90 $ 139.40 $ 276.90 $ 551.90 Same Plano $ 36.29 $ 126.29 $ 276.29 $ 576.29 Same Richardson $ 58.90 $ 183.42 $ 323.90 $ 675.10 Same The Colony $ 96.83 $ 228.58 $ 463.08 $ 932.08 Same

AVG $ 61.76 $ 164.99 $ 332.01 $ 669.76

*All rates reflected are charged as if usage was in the month of August Attachment E

WATER RATE INCREASE (Effective May 1, 2007) Proposed 2007 Public Information Plan

2007 Communication Tools Target Audiences Responsible Timeline 1. City Council worksession on water conservation City Council Bob Scott February 6 strategies and potential water rate increases 2. Ordinance adoption changing rate for irrigation City Council, Council Chambers and Bob Scott February 20 and +25,000 residential categories television audience 3. Email to Environmental Services, Resolution City stakeholders Bob Scott February 21 Center, Public Works, Building Inspection, Utility Customer Service, Finance, Parks, Facility Services, etc. about new irrigation rates 4. Public Service Announcements -Cable Television 21,000 subscribers Karah/Espie April 2 Government Channels (Time Warner & Charter) 5. Enhance Water Utilities Web Page – rate page Estimated ‘page visits’ per month = 1,000 Karah/Angela/ April 2 (revise PDF) (Terry Manning) § Links to rate increase news releases § Rate increase FAQs § Link to water conservation Web page 6. Web site News article 1,000 page visits per day Karah/Jane April 2 7. Direct Mail business letter to high consumers Approximately 7,525 high consumption UCS April 2 (approx. $3,100) customers 8. HOA Officer notices – email/letters – for HOA 30 HOA Presidents/newsletter editors Community April 2 newsletters Development 9. Meeting with Country Place HOA Board or HOA officers and residents Bob Scott/Kevin April members Pike/Norma Miller 10. Meetings with OR direct mail to high use High use businesses Kevin Pike/Bob April industries Scott/Norma Miller 11. News Brief DMN Metro, Carrollton Leader, Kathy/Karah April 6 Carrollton Neighbors 12. e-InfoMail online city News message 940 subscribers Jane/Espie April 2 13. Paid newspaper notice - DMN Neighbors, Subscribers and residents (Finance pays) UCS Week of April 9 Carrollton Leader 14. Utility Bill insert (1/4 page, March, $250) 34,000 households Karah/Espie March 5 – April 3 15. Utility Bill messages (40 words maximum) for 34,000 households Jane March 5 – April 3 March bills 16. Apartment Managers & Landscaping (Vendors) Apartment managers, maintenance Norma Miller April 10 Companies – (mandatory) Association monthly workers and apartment dwellers Bob Scott meeting, City Hall Council Chambers, 11:30-1:00 (schedule with PD)

Revised 1/29/2007 Attachment F

Recent Articles Regarding Water Supply

N. Texas sees wettest January since 1898

5-1/2 inches of rain so far is 'way above normal'; more showers predicted

10:17 PM CST on Sunday, January 21, 2007 By BRANDON FORMBY / The Dallas Morning News

For a region plagued by a two-year drought, it's a good sign: North Texas is experiencing its wettest January since the 19th century.

More than 5 ½ inches of rain has fallen locally since the first of the year – the most the area has seen since 1898. And though Sunday was dry and sunny and no rain is expected today, light precipitation is expected through the rest of the week.

"We're way above normal," said Alan Moller, a meteorologist for the National Weather Service.

Although the mercury was in the 50s on Sunday, the overnight temperature was expected to be in the low 30s with today's high in the mid-40s. There's a 20 percent chance of rain Tuesday afternoon, but by then, the temperature is expected to get back into the 50s. That means North Texans won't have to soon worry about a repeat of last week's wintry weather.

"We're not going to see anything quite as lousy as we saw for the last seven to 10 days," Mr. Moller said.

It could also rain Wednesday and off and on through Saturday.

And while North Texas is already more than 4 inches above the normal precipitation levels for the month, the drought isn't over yet. From January 2005 through December 2006, North Texas was 20.74 inches below normal rainfall levels.

And when it comes to long-term weather predictions, Mr. Moller said, North Texans can expect to see a lot of green down the road.

"These rains are very, very timely for spring growth, there's no doubt about that," he said.

Posted on Sat, Jan. 20, 2007

Regional water proposal has Oklahoma steaming

By MAX B. BAKER STAR-TELEGRAM STAFF WRITER

In football, it’s known as the Red River Shootout.

With water involved, it’s a War Between the States.

A recent proposal by the Tarrant Regional Water District to pump hundreds of millions of gallons of water out of Oklahoma into the taps of North Texas has Oklahoma lawmakers, environmentalists and policymakers threatening a border war.

While it may not attract the crowds of the football rivalry between the University of Texas and the University of Oklahoma, the brewing fight over water has stirred up similarly harsh feelings.

Fueling the anger is a federal lawsuit filed by the water district against two Oklahoma water-control agencies contending that a moratorium on out-of-state water sales is unconstitutional. If it wins in court, the district could take the water and not pay a dime for it.

“To allow this issue to be decided by the courts would gut democracy and the result would be Communism without a firing squad,” said state Rep. Jerry Ellis, a Democrat from southeast Oklahoma and a key backer of the moratorium, in a recent statement.

“Oklahomans should be outraged.”

Duane Smith, executive director of the Oklahoma Water Resources Board, said his agency is prepared to defend the moratorium and to thwart any efforts by Texans to take water unless directed otherwise by the governor or the Legislature.

“We think the statutes are constitutional and what we don’t like, to be blunt about it, is Texas coming to Oklahoma to exert some kind of legal priority through litigation for the taking of Oklahoma water,” Smith said. “We don’t think that is appropriate, and we will do all we can to make sure that doesn’t happen.”

Permits sought The water district filed permit applications last week to capture water from three basins in south central and southeastern Oklahoma. The district is seeking to divert about 7 percent of the water before it enters the Red River and takes on too much salt to be drinkable.

District officials say the water is needed to serve the region’s growing population, which is expected to hit 4.3 million by 2060. They propose paying Oklahoma for the water and point out that Oklahoma can use the money to improve its water system and pay off a $68 million debt to the U.S. Army Corps of Engineers for building a reservoir.

Simultaneously, the district sued the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission to keep the state from dismissing or denying the permit applications while the matter is in court. Any deal to take water out of Oklahoma would have to be approved by several federal agencies, including the corps, a district official said.

On Friday, Oklahoma agreed in federal court to take no action on the applications until the case is complete. A federal judge had originally scheduled a hearing for Tuesday on the water district’s request for a temporary restraining order.

Jim Oliver, executive director of the water district, said what he’s heard so far is not surprising or substantive.

“They are all emotional, political arguments,” Oliver said.

Fighting words Make no mistake, Ellis gets emotional when talking about sending his state’s water to the other side of the Red River. A rancher and weekly newspaper publisher in Valliant, Ellis vividly remembers the mid-1950s droughts that devastated the state.

“I can remember my dad laying down on the ground and putting his arm in a crack in the soil and never touching the bottom,” Ellis said. “People have strong feelings about this.  . . . And this is not a neighborly way to go about it, to file a lawsuit.”

After recently surviving three consecutive years of below-average rainfall, 7 in 8 Oklahomans oppose out-of-state water sales, he said. When Ellis wrote the bill extending the original moratorium to 2009, it had broad bipartisan support in the House and Senate.

“Dry weather has caused havoc with tourism, industries like oil and gas and agriculture. There is nothing that it doesn’t affect,” Ellis said. “I raise cattle, and my calves are the sorriest in a long time because of the stress on the system.”

Instead of talking about selling water, Oklahoma should complete a study of the state’s water needs for the next 50 years, he said.

“Water is our future. Texas wants our water for their growth, and if Oklahoma wants to grow, we must maintain control of our most valuable resource. Texans can get their water where they get their workforce — Mexico,” Ellis wrote in a recently distributed column.

Oklahoma state Rep. Mike Reynolds worries that any deal to sell water to Texas would put Oklahoma at a disadvantage if there is a drought or considerable population growth. He said he is not entirely opposed to selling water but wants the state to complete its study to make sure that Oklahoma has water to sell. He supports keeping the moratorium in the interim.

“When a state begins selling water to another state, it doesn’t matter how bad conditions get in the state, the first priority is to sell to the out-of-state people,” said Reynolds, a Republican from Oklahoma City.

Reynolds recently refiled a bill from a previous session that allows for creating a citizen lake committee to give the public more say in water planning. He has amended that bill to provide for repayment of the state’s debt for the construction of Sardis Lake.

The U.S. Supreme Court recently declined to hear Oklahoma’s appeal of a lower court ruling that it owes $68 million, plus interest, for construction of the reservoir in southeast Oklahoma. The corps built Sardis Lake in the mid-1970s.

Reynolds doesn’t want Oklahoma to hastily make a deal with Texas because it suddenly has had a huge bill come due. Tarrant water district officials were aware that Oklahoma may lose its appeal, and using the district’s money to repay the loan was part of their presentation.

“Two days after the Supreme Court decision, I get a DVD on the importance of selling water and how it will bail out the Oklahoma economy, no pun intended,” Reynolds said. “It almost seemed orchestrated.”

Wasted water? Environmentalists don’t think the excess water being sought by Texas is necessarily a waste. They are afraid the Red River could eventually turn into a trickle.

Water district officials like to say that the water they want, from the Cache Creek, Beaver Creek and Kiamichi River basins, is wasted after it hits the Red River because it takes on so much salt.

But there has been increasing debate among environmentalists and even the Texas Water Development Board about the amount of fresh water needed to sustain the state’s rivers and ecosystems.

“It’s wasted in the Red River?” asked David Franklin, chairman of the Oklahoma chapter of the Sierra Club. “It benefits us all to have a healthier river.”

Franklin said Texas — particularly the water district — should do more to conserve its own water before going north of the Red River.

Water district officials say they have been called “water hogs” over a proposal to build the Marvin Nichols Reservoir in East Texas, and one study indicated that Dallas and Fort Worth ranked first and second in consumption among the state’s largest cities. Water district officials say the study does not properly account for industrial and commercial use.

“There is room for conservation,” Franklin said. “I think they are coming to Oklahoma because they can’t build a lake in Northeast Texas.”

Hopper Smith, a former Oklahoma lawmaker hired to lobby for the Texas water district in Oklahoma City, knows that some of his former colleagues will take offense at his working to sell water to Texas. He plans to go person to person to share the facts of the water district’s proposal.

“We don’t want to agitate the people of Oklahoma,” Smith said. “All we want to do is buy a surplus commodity that they are letting go. What is wrong with that? It falls from the sky.”

Over 98 percent of NTMWD water used

By Brandi Hart, McKinney Courier-Gazette (Created: Friday, December 29, 2006 2:49 AM CST)

The North Texas Municipal Water District has used approximately 98 percent of all of the water it's allotted to use for the year by the end of November, said Deputy Director of the NTMWD David Stevens.

The district typically doesn't use almost its entire allotted amount of water per year before the end of the year, Stevens said. The reason it has this year is the drought, he said.

“From January to November, our water usage was 270,854 acre feet. We are permitted to use up to 291,274 total acre feet and we've used approximately 98 percent of that so far,” Stevens said.

The drought has also affected the return flow of water that brings water into the wastewater treatment plant.

The amount of water used is reported at the end of each month. Stevens said he expects the December water usage amount to be approximately 8 percent, which could cause the district to be over its amount of total allotted water usage for 2006.

The NTMWD is allowed to get up to 104,000 acre feet of water from Lake Lavon annually; up to 77,300 acre feet of water at Lake Texoma annually; up to 53,767 acre feet of Wilson Creek reuse water annually; and up to 57,214 acre feet of water from Lake Chapman annually. The district used up its total allotted amount of water at Lake Chapman, which is near Sulphur Springs, in late October.

The NTMWD has several projects to make sure it has enough water available if drought conditions continue throughout 2007. They include using water from wetlands near Crandall, water from Lake Tawakoni that should be online in fall 2007 and dredging at Lake Chapman.

The NTMWD is planning to take water from an 1,800-acre wetland located near Crandall, near the East Fork of the Trinity River, below Texas Highway 175, Stevens said.

“We want to do some treatment in the wetlands and will build an 84-inch in diameter pipeline that will be 43 miles in length,” Stevens said.

The project costs $250,000 and should be online in January 2008, Stevens said. The district is expected to soon get its final permit for the water rights to the wetlands.

“We have received the draft permit for the water rights of the wetland and the Texas Commission on Environmental Quality is reviewing it and we should receive the final permit within the next three months,” Stevens said.

The NTMWD began a dredging project this month at Lake Chapman, formerly called Lake Cooper, to open up waterways at the lake.

The second project the district has implemented is building a pump station at Lake Tawakoni in eastern Hunt County. Work began on building the pump stations and a 30-mile-long, 60-inch water line to connect Lake Tawakoni water to the NTMWD in June. The NTMWD has a contract with the Sabine River Authority to utilize some of the surplus water from Lake Tawakoni. The total amount of the project is $109 million and it should be online in fall 2007, Stevens said.

Dallas on lookout for water raiders

State Legislature's plans may drain well-prepared district

01:15 AM CST on Monday, December 4, 2006 By EMILY RAMSHAW / The Dallas Morning News

Dallas officials fear that the Legislature may jeopardize decades of local water planning, overhauling state water policy in a way that could threaten North Texas' resources and prompt even tougher limits on water use here.

Texas lawmakers, faced with drought and water shortfalls across the state, acknowledge that they need to address the issue. Dallas officials don't disagree – they just say planning measures shouldn't come at the city's expense.

The legislation they anticipate in the coming months could hinder the city's ability to manage its own water by forcing Dallas to sell or give away its reserves to water-strapped cities across the state; by limiting Dallas' water recycling efforts to send more flow down the Trinity River; or by requiring Dallas water customers to pay a water tax that would benefit only Texas' least- prepared communities.

"Dallas has been on the cutting edge of developing water resources, and the taxpayers have spent a huge amount of money on water," said Rep. Will Hartnett, R-Dallas. "Now that the rest of the state is realizing they have to play catch- up, they want us to help pay for their past unwillingness to bear the cost. That to me is totally unfair."

With the state's population booming, planning for an adequate long-term water supply has become a priority for officials at all levels of government. The pressure's already on locally – Dallas may be forced to help Irving ease massive water shortages, which could force greater restrictions on Dallas' water customers.

Meanwhile, Dallas is pouring unprecedented resources into lobbying on the issue, paying nearly $125,000 to a private firm to protect the city's water rights.

North Texas shouldn't be punished, Dallas City Manager Mary Suhm said, for being better-prepared than some of its neighbors.

"We've been good planners," she said, "and no one should take advantage of our hard work and investment."

Lawmakers say that while the issue will be "huge" in the session that starts in January, water legislation won't live up to Dallas' worst nightmares.

Sen. Kip Averitt, the McGregor Republican who chairs the Senate Natural Resources Committee, said he expects to see legislation soon that focuses on water reuse, conservation, and environmental flows – the scientific term for balancing river and lake ecosystems with human water needs. He said a water customer tax is, so far, not part of the plan to fund statewide water infrastructure projects.

But when limited resources are at stake, Dallas officials say, a bill meant to hydrate parts of the state could parch others. Rainfall varies significantly from year to year, from east to west, from urban center to farm town. Populations are exploding regardless of where the water is, while the drought drains some of the best-prepared water districts.

Dallas Water Utilities is relatively comfortable, even though its sources are 35 percent depleted. The North Texas Municipal Water District, meanwhile, is strapped. Its main reservoir – Lavon Lake – is 63 percent depleted, and Lake Chapman, its secondary reservoir, is so low that the district is no longer taking water from it.

Flood of bills expected

Experts say a legislative approach to state water planning is long overdue – and elected officials thought it would happen two years ago. State water districts and water development companies spent at least $5.3 million lobbying for water interests in that session, according to figures compiled by Texans for Public Justice, a lobbying watchdog group.

They were left largely unsatisfied.

Lt. Gov. David Dewhurst declared water a priority in the 2005 session and led the charge to change state water policies. But the bottled water tax he proposed to finance water projects was rejected. And while the Senate backed a bill to define water-planning strategies at the state level and create a user tax to fund new water infrastructure, the measure was never brought up for a House vote.

A key element – an analysis of how much water rivers need to maintain their ecosystems, and how much municipalities can realistically draw from them – was reincarnated later in a special "environmental flows" committee appointed by Gov. Rick Perry.

Dallas officials figure that water measures will get much further this time, and they want to be ready.

Some elements of a comprehensive water bill, like conservation and planning measures recommended in a state board's recently approved plan, would be beneficial, they say. That plan, updated every five years, is a blueprint to meet a projected shortfall by 2060.

Others, elected officials say, could threaten Dallas' water rights and supply – and the pocketbooks of its ratepayers.

Dallas' chief lobbyist, Larry Casto, said that an across-the-board tax on Texas water customers, suggested in past sessions to fund water infrastructure in the neediest parts of the state, could give Dallas residents little while rewarding cities that have ignored planning.

"There are cities that have crossed their fingers and hoped for rain, have seen bond elections go down in flames without ever having built anything," said Mr. Casto, who will work with premier consulting firm HillCo Partners to protect Dallas' water rights. "If you're a Dallas customer, you've already paid for your reservoir system."

Going with the flow

Then there's environmental flow. It's a popular notion, and something the state may strive to regulate, Mr. Casto said. But it's also something Dallas, a water-rich city at the top of the Trinity River, must watch closely. If a powerful lobby of parched cities across Texas demands that Dallas send more water down the river, he said, North Texas could see decades of deliberate planning flushed away.

An example: The state could require Dallas to get a special permit to recycle wastewater, instead of sending it downstream. Long term, said Assistant City Manager Ramon Miguez, Dallas intends to supplement its supply with 60 million gallons of recycled water a day.

State Rep. Robert Puente, the San Antonio Democrat who leads the House Natural Resources Committee, said recommendations from the Governor's Environmental Flows Advisory Committee will be considered in the upcoming session. But he said legislation will be based on science, not politics.

"We need to make sure there's enough water in our lakes and rivers to get all the way down to the Gulf of Mexico," he said.

Other water priorities for Dallas include asking the state to stop fining cities for "unpreventable" water main spills. The state fined Dallas $7,500 last year for a main break that leaked chlorinated water into a stream and killed fish – a break related to shifting soil quality. The city is challenging the fine.

CC MEETING: February 6, 2007

DATE: January 30, 2007

TO: Leonard Martin, City Manager

FROM: Ashley Mitchell, City Secretary

SUBJECT: PROPOSED CHARTER AMENDMENTS

BACKGROUND: City staff has reviewed the current charter and has made suggestions for several administrative changes. The city’s last charter revision was held May 15, 2004. November 6, 2007 is the next authorized date that the city can revise the charter through the election process. Attached are a comparison of the current charter and the proposed changes and a copy of the charter.

STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends that the Council give direction on proposed Charter amendments.

ATTACHMENTS: Charter Comparison City of Carrollton Charter

Comparison of Proposed Charter To Current Charter

PROPOSED CHARTER CURRENT CHARTER COMMENTS Sec. 2.05. Presiding officer; the mayor. Sec. 2.05. Presiding officer; the mayor. Removed language regarding Mayor Pro Tem.

The mayor shall preside at meetings of The mayor shall preside at meetings of the council, and shall be recognized as head of the council, and shall be recognized as head of city government for all ceremonial purposes and city government for all ceremonial purposes and by the governor for purpose of military law, but by the governor for purpose of military law, but shall have no regular administrative duties. The shall have no regular administrative duties. The mayor may participate in the discussion of all mayor may participate in the discussion of all matters coming before the council. The mayor matters coming before the council. The mayor shall not be entitled to vote as a member thereof shall not be entitled to vote as a member thereof on legislative or other matters, except in case of on legislative or other matters, except in case of a tie, when the mayor shall have the right to cast a tie, when the mayor shall have the right to cast the deciding vote. the deciding vote. The council shall elect from among the council members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor.

Sec 2.06 Mayor Pro-Tem and Deputy New Section. Will have to renumber This section will create and allow for a Deputy Mayor Pro-Tem subsequent sections. Mayor Pro Tem.

(1) The council shall elect from among the council members a Mayor Pro-Tem and Deputy Mayor Pro-Tem to serve at the pleasure of the City Council. (2) The Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor, and in this capacity shall have the rights conferred upon the Mayor. (3) The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this

Page 1 PROPOSED CHARTER CURRENT CHARTER COMMENTS capacity shall have the rights conferred upon the Mayor. (4) During the disability or absence of the Mayor, the Mayor Pro-Tem, and the Deputy Mayor Pro Tem, any Councilmember may be appointed by the remaining four (4) Councilmembers to act as Mayor and in this capacity shall have the rights conferred upon the Mayor.

Sec. 2.14. Induction of council into office; Sec. 2.14. Induction of council into office; Allows for newly elected members of the meetings of council, quorum, voting. meetings of council, quorum, voting. council to be inducted into office once the votes have been canvassed instead of at the next The council shall meet regularly at such The council shall meet regularly at such regularly scheduled meeting following the times as may be prescribed by ordinance, but no times as may be prescribed by ordinance, but no election. less frequently than once each month. Newly less frequently than once each month. Newly elected members of the council may be elected members of the council may be inducted inducted into office once the votes have been into office at the next regularly scheduled canvassed. All meetings of the council shall be meeting following the election. All meetings of open to the public, except as provided by state the council shall be open to the public, except as law. Any four council members shall constitute provided by state law. Any four council a quorum for the transaction of business, and members shall constitute a quorum for the except as provided in 2.04, the affirmative vote transaction of business, and except as provided of four or more council members shall be in 2.04, the affirmative vote of four or more necessary to take any action in the name of the council members shall be necessary to take any city or to adopt or repeal any ordinance or action in the name of the city or to adopt or resolution. repeal any ordinance or resolution.

All council members present shall vote All council members present shall vote upon every motion, except when required to upon every motion, except when required to abstain by state law. The vote of each member abstain by state law. The vote of each member shall be recorded in the minutes. Any member shall be recorded in the minutes. Any member refusing to vote shall be entered on the record refusing to vote shall be entered on the record as voting "no." as voting "no."

Page 2 PROPOSED CHARTER CURRENT CHARTER COMMENTS Sec. 2.17. Ordinances. Sec. 2.17. Ordinances. Removed language that required an Ordinance for contracts. In addition to such acts of the council as are In addition to such acts of the council as are required by statute or by this Charter to be by required by statute or by this Charter to be by ordinance, every act of the council establishing a ordinance, every act of the council establishing a fine or penalty or providing for expenditure of fine or penalty or providing for expenditure of funds, shall be by ordinance. The enacting funds or for contracting of indebtedness, shall be clause of all ordinances shall be “Be it ordained by ordinance. The enacting clause of all by the council of the City of Carrollton.” ordinances shall be “Be it ordained by the council of the City of Carrollton.”

Sec. 7.03. Nominations. Sec. 7.03. Nominations. Removed the section that allows for the option of one-half of one percent of the total vote Any person having the qualifications Any person having the qualifications received in the city by all candidates for mayor required by the Charter may place his/her own required by the Charter may place his/her own in the most recent mayoral general election if name in nomination as candidate for mayor or name in nomination as candidate for mayor or that number is greater than 100 registered council member by filing with the city secretary council member by filing with the city secretary voters. an application in accordance with the Texas an application in accordance with the Texas Election Code, accompanied by a nonrefundable Election Code, accompanied by a nonrefundable filing fee of $250, or in lieu of a filing fee, a filing fee of $250, or in lieu of a filing fee, a petition signed by a minimum number of 100 petition signed by a minimum number of 100 qualified voters. No voter shall sign more than qualified voters, or one-half of one percent of one (1) petition for a candidate for a specific the total vote received in the city by all position or office and should a voter do so, the candidates for mayor in the most recent mayoral signature shall be void except as to the petition general election, whichever is greater. No voter first filed. shall sign more than one (1) petition for a candidate for a specific position or office and should a voter do so, the signature shall be void except as to the petition first filed.

Page 3 PROPOSED CHARTER CURRENT CHARTER COMMENTS Sec. 9.08. Election to be called. Sec. 9.08. Election to be called. Section 41.001 of the Election Code ("the Code") states that each general or special If the officer whose removal is sought does If the officer whose removal is sought does election in the state must be held on either the not resign, then it shall become the duty of the not resign, then it shall become the duty of the May or November uniform election date. This council to order an election and set a date for council to order an election and set a date for section lists several exceptions to this rule holding such recall election, the date of which holding such recall election, the date of which which do not include city recall, initiative, or shall be held at the next available uniform election shall be not less than twenty-five (25) referendum elections. election date. nor more than thirty-five (35) days from the date such petition was presented to the council, or Section 41.001(b)(6) of the Code also from the date of the public hearing if one was addresses a conflict between the uniform held. election dates and an election ordered by another statute. However, a city charter is not a statute, and therefore does not invoke this provision.

Page 4

CITY CHARTER As Amended 2004

CITY OF CARROLLTON, TEXAS

Incorporated 1913 First Home Rule Charter 1961 Amended May 15, 2004 CARROLLTON, TEXAS CHARTER TABLE OF CONTENTS

ARTICLE I. INCORPORATION 3.04. Absence of city manager FORM OF GOVERNMENT- POWERS 3.05. Administrative departments 3.06. City secretary 1.01. Incorporation 1.02. Form of government ARTICLE IV. BUDGET 1.03. Annexation and disannexation 1.04. Powers 4.01. Fiscal year 4.02. Preparation and submission of ARTICLE II. THE COUNCIL budget 4.03. Budget a public record 2.01. Number, selection, term 4.04. Public hearing on budget 2.02. Qualifications 4.05. Proceeding on adoption of 2.03. Compensation budget 2.04. Vacancies in council, forfeiture 4.06. Budget, appropriations and of office, filling of vacancies amount to be raised by taxation 2.05. Presiding officer; the mayor 4.07. Unallocated reserve fund 2.06. Powers 4.08. Amending the budget 2.07. Appointment of city manager 4.09. Certification; copies made 2.08. Removal of city manager available 2.09. Appointive boards and 4.10. Defect shall not invalidate the commissions tax levy 2.10. Council not to interfere in city manager's appointments or ARTICLE V. BONDS, WARRANTS removals AND OTHER OBLIGATIONS 2.11. Creation of new departments or OR EVIDENCE OF INDEBTEDNESS offices 2.12. Municipal judge 5.01. Powers to issue 2.13. City attorney 5.02. Manner of issuance 2.14. Induction of council into office; 5.03. Revenue bonds meetings of council 5.04. Interest and sinking funds 2.15. Council to be judge of 5.05. Records and accounts qualifications of its members 5.06. Limitations 2.16. Rules of procedure; minutes 2.17. Ordinances ARTICLE VI. ASSESSMENT 2.18. Publication of ordinances AND COLLECTION OF TAXES 2.19. Independent annual audit 6.01. Power to tax ARTICLE III. THE CITY MANAGER 6.02. Where payable; no demand necessary 3.01. Qualifications 6.03. Ratification 3.02. Powers and duties 6.04. Payment; delinquency; penalties 3.03. Bond of city manager 6.05. General powers ARTICLE VII. NOMINATIONS AND 9.13. General power of referendum ELECTIONS 9.14. Voluntary submission of legislation by the council 7.01. Election 9.15. Form of ballots 7.02. Regulation of elections 9.16. Publication of proposed and 7.03. Nominations referred ordinances 7.04. Number, selection, and term of 9.17. Adoption or repeal of council ordinances 7.05. The official ballot 9.18. Inconsistent ordinances 7.06. Conducting and canvassing 9.19. Ordinances passed by popular elections vote; repeal or amendment 7.07. Oath of office 9.20. Further regulations by council

ARTICLE VIII. FRANCHISES ARTICLE X. MISCELLANEOUS AND PUBLIC UTILITIES PROVISIONS

8.01. Powers of the city 10.01. Personal financial interest 8.02. Right-of-way authority of 10.02. Discrimination prohibited council 10.03. Tax and debt arrearages 8.03. Right-of-way value not to be 10.04. Church and school property not allowed exempt from special 8.04. Right of regulation assessments 8.05. Consent of property owners 10.05. Notice of damage or injury 8.06. Extensions required 8.07. Temporary permits 10.06. City exempt from appeal bonds 8.08. Other conditions 10.07. Execution, garnishment and 8.09. Accounts of municipality owned assignment utilities 10.08. No lien on public property; 8.10. Regulations of rates and services contractors, etc., to notify city of 8.11. Rate changes claims 10.09. Bonds of city official, employee ARTICLE IX. RECALL, INITIATIVE or department director AND REFERENDUM 10.10. Nepotism 10.11. Disaster clause 9.01. Scope of recall 10.12. When provisions take effect 9.02. Petitions for recall 10.13. Right to amend the Charter 9.03. Form of recall petition 10.14. Ordinances, rules and 9.04. Various papers constituting regulations validated petition 10.15. Severability clause 9.05. Examination and certification of petition 9.06. Amendment of petition 9.07. Public hearing to be held 9.08. Election to be called 9.09. Ballots in recall election 9.10. Result of recall election 9.11. Restrictions upon recall 9.12. General power of initiative CARROLLTON, TEXAS CHARTER

ARTICLE I. INCORPORATION FORM OF GOVERNMENT- POWERS

1.01. Incorporation 1.02. Form of government 1.03. Annexation and disannexation 1.04. Powers

Sec. 1.01. Incorporation. Sec. 1.03. Annexation and disannexation.

The inhabitants of the City of Carrollton (1) Extension of city limits by petition. in Dallas, Denton, and Collin Counties, Whenever a majority of the qualified voters Texas, within the corporate limits as now who are citizens of the State of Texas and established or as hereafter established in the inhabitants of any territory adjoining the City manner prescribed by this Charter shall be of Carrollton, as said territory may be and shall continue to be a municipal body designated by the council, or in case there are politic and corporate in perpetuity under the no qualified voters in said territory, then when name of the “City of Carrollton.” persons owning a majority of the land in area (Adopted by electorate, 9-19-61; Am. Ord. in said territory, desire the annexation of such 1361 passed 4-7-87) territory to the City of Carrollton, they may present a written petition to that effect to the council and shall attach to said petition an Sec. 1.02. Form of government. affidavit of one or more of their number to the effect that said petition is signed by a majority The municipal government provided by of such qualified voters, or in the case there this Charter shall be known as the are no qualified voters said affidavit shall be “council-manager” government. Pursuant to to the effect that there are no qualified voters its provisions and subject only to the in said territory and that the persons signing limitations imposed by the State Constitution, the petition own a majority of the land in said by the statutory laws of Texas, and by this territory. The city council shall provide an Charter, all powers of the city shall be vested opportunity for all interested persons to be in an elective council, hereinafter referred to heard in accordance with the laws of the State as the “council,” which shall enact local of Texas. The council at regular session or in legislation, determine policies, and appoint special session held not sooner than thirty the city manager, who shall execute the laws (30) days after the presentation of said and administer the government of the city. petition may by ordinance annex such All powers of the city shall be exercised in the territory to the City of Carrollton and manner prescribed by this Charter, or if the thenceforth the boundary limits of the city manner be not prescribed, then in such a shall be fixed by such ordinance and the manner as may be prescribed by ordinance. territory so annexed shall be a part of the City (Adopted by electorate, 9-19-61; Am. Ord. of Carrollton and the inhabitants thereof shall 1361 passed 4-7-87; Am. Ord. 2364 passed 8- be entitled to all the rights and privileges of 11-98) other citizens and shall be bound by the acts,

Carrollton City Charter Page 4 As amended May 15, 2004 ordinances, resolutions, and regulations of inhabited, or without any such petition if the said city, and the property situated therein same be uninhabited, by ordinance duly shall bear its pro rata part of the taxes levied passed, discontinue said territory as a part of by the city. said city; said petition and ordinance shall specify accurately the metes and bounds of (2) Extension of city limits by ordinance. the territory sought to be eliminated from the A second method of extending the corporate city and shall contain a plat designating such limits of the City of Carrollton shall be that territory so that the same can be definitely the council shall have the power by ordinance ascertained. The city council shall provide an to fix the boundary limits of said city and to opportunity for all interested persons to be provide for the extension of said boundary heard. Upon the introduction of such an limits by the annexation of additional territory ordinance in the council, it shall be published lying adjacent to said city, with or without the in the official newspaper of the city one time, consent of the inhabitants of the territory and shall not thereafter be finally acted upon annexed. The city council shall provide an until at least thirty (30) days have elapsed opportunity for all interested persons to be after the first publication thereof. When said heard in accordance with the laws of the State ordinance has been duly passed the same shall of Texas. Upon the introduction of such an be entered upon the minutes and records of ordinance in the council, it shall be published said city, and from and after the entry of such in the official newspaper of the city one time, ordinance said territory shall cease to be a part and shall not thereafter be finally acted upon of said city, but said territory shall still be until at least thirty (30) days have elapsed liable for its pro rata share of any debts after the first publication thereof. incurred while said area was a part of said Amendments not enlarging or not extending city, and the city shall continue to levy, assess the boundary limits set forth in the published and collect taxes on the property within said ordinance may be incorporated into the territory to pay the indebtedness incurred proposed ordinance without the necessity of while said area was a part of the city as republication of said ordinance as amended. though the same had not been excluded from Upon the final passage of any annexation the boundaries of the city. ordinance, the boundary limits of the city shall thereafter be fixed by such ordinance (4) The preceding requirements of and the territory so annexed shall be a part of publication and public hearings shall not the City of Carrollton, and the inhabitants apply to mutually agreed upon changes in thereof shall be entitled to all rights and boundaries with adjacent municipalities when privileges of other citizens and shall be bound the area of change is less than 1,000 feet in by the acts, ordinances, resolutions, and width. regulations of the City of Carrollton, and the (Adopted by electorate, 9-19-61; Am. Ord. property situated therein shall bear its pro rata 1361passed 4-7-87; Am. Ord. 2364 passed 8- part of the taxes levied by the city. 11-98)

(3) Disannexation. Whenever there exists within the corporate limits of the city Sec. 1.04. Powers. any territory not suitable or necessary for city purposes, the council may, upon a petition The City of Carrollton may exercise all signed by a majority of the qualified voters powers that now are or hereafter may be residing in such territory if the same be granted to municipalities by the Constitution

Carrollton City Charter Page 5 As amended May 15, 2004 or the laws of the State of Texas. All such utility without prior approval of the qualified powers, whether expressed or implied shall be voters of the city; may exercise the power of exercised and enforced in the manner eminent domain when necessary or desirable prescribed by this Charter, and when not to carry out any of the powers conferred upon prescribed herein, in such manner as may be it by this Charter or the Constitution or laws provided by ordinance or resolution of the of the State of Texas; and may lay out, council of the City of Carrollton. establish, open, alter, widen, lower, extend, grade, abandon, close, care for, dispose of, The enumeration of particular powers in abolish, discontinue, pave, supervise, this Charter shall not be held or deemed to be maintain and improve streets, alleys, exclusive, but in addition to the, powers sidewalks, parks, squares, public places and enumerated herein, implied thereby or bridges; and regulate the use thereof and appropriate to the exercise thereof, the city require the removal from streets, sidewalks, may have and shall exercise all other powers alleys and other public property or places of which, under the Constitution of the State of all obstructions and all fruit stands, show Texas, it would be competent for the Charter cases and encroachments of every nature or specifically to enumerate. The City of character upon any of said streets, sidewalks, Carrollton shall have and exercise all of the or other public property. powers conferred upon cities by what is known as the Home Rule Amendment to the Provided, however, nothing included Constitution of the State of Texas and the above or anywhere in this charter shall enabling act relative thereto, passed by the authorize the City of Carrollton, or any Thirty-third Legislative of the State of Texas, corporations, agency or entity created by the found in the published laws, of said City, or pursuant to the City’s approval and legislature, regular session, pages 307 to 317, authorization, to institute and exercise the and effective July 7, 1913, and all other laws power of eminent domain to acquire private passed by the legislature of the State of Texas, or public property if the purpose of the relating thereto, or which may hereafter be acquisition is the promotion of economic passed by said legislature in relation to such development for a private business enterprise matters. which business enterprise would own any right, title, or interest in the property so The City of Carrollton may acquire acquired. property within or without its corporate limits (Adopted by electorate, 9-19-61; Am. for any municipal purpose; may cooperate Ord.2364, 8-11-98) with the government of Texas or any agency thereof, or with the federal government or any agency thereof, or with the government of any county, city, or political subdivision to accomplish any lawful purpose for the advancement of the health, morals, safety, convenience, or welfare of the City of Carrollton or its inhabitants, may sell, lease, mortgage, hold, manage and control such property as its interest may require; provided the city shall not sell, convey, lease, mortgage, or otherwise alienate any public

Carrollton City Charter Page 6 As amended May 15, 2004 ARTICLE II. THE COUNCIL

2.01. Number, selection, term 2.02. Qualifications 2.03. Compensation 2.04. Vacancies in council, forfeiture of office, filling of vacancies 2.05. Presiding officer; the mayor 2.06. Powers 2.07. Appointment of city manager 2.08. Removal of city manager 2.09. Appointive boards and commissions 2.10. Council not to interfere in city manager's appointments or removals 2.11. Creation of new departments or offices 2.12. Municipal judge 2.13. City attorney 2.14. Induction of council into office; meetings of council; quorum; voting. 2.15. Council to be judge of qualifications of its members 2.16. Rules of procedure; minutes 2.17. Ordinances 2.18. Publication of ordinances 2.19. Independent annual audit

Sec. 2.01. Number, selection, term. National Guard or armed services, and not in arrears in the payment of any taxes or other The council shall consist of a mayor and liability due the city. If a member of the seven (7) council members elected from the council shall cease to possess any of these city in the manner provided in Article VII, for qualifications or shall be convicted, including a term of three (3) years or until their the entering of any plea and receiving successors have been elected and inducted. deferred adjudication, of a felony or a crime (Adopted by electorate, 9-19-61; Am. Prop. 2, involving moral turpitude, his or her office ratified 1-0-79; Am. Ord. 1361 passed shall immediately become vacant. 4-7-87; Am. Ord. 2364 passed 8-11-98; Am. Ord. 2627 passed 8-14-01) If a member of the council shall announce his or her candidacy, in any general, special or primary election, for any office of profit or Sec. 2.02. Qualifications. trust under the laws of this state or the United States other than the office then held, at any The members of the council shall be time when the unexpired term of the office qualified voters of the City of Carrollton who then held shall exceed one (1) year, such have been residents of the State of Texas for announcement or such candidacy shall at least one (1) year and residents of said city constitute an automatic resignation of the or residents of an area now within the office then held. Such resignation shall corporate limits of said city for at least six (6) become effective on the date of the next months, shall hold no other public office regular municipal general election or the except that of notary public or member of the

Carrollton City Charter Page 7 As amended May 15, 2004

election for which such candidacy is submitting a statement in writing to the City announced, whichever occurs first. Secretary. The resignation shall be effective A person who has served as a member of upon receipt in that office. the city council in any place, other than mayor, for two (2) consecutive terms, shall Upon affirmative vote of the majority of not again be eligible for election in any place the city council, the mayor or any council on the city council except mayor, until at least member shall forfeit the office if that person: one term approximating three years has elapsed. A person who has served two (2) 1) lacks at any time during the term of consecutive terms as mayor shall not again be office for which elected any qualification for eligible for election as mayor until at least one the office prescribed by this charter or by law, term approximating three years has elapsed, or but shall be eligible for election as a member of the city council in any place, other than 2) fails to attend three consecutive mayor. A “term” as used in this paragraph, is regular meetings of the council, or 25% of the that period of time beginning with the taking regular meetings in any six-month period, of the oath of office and running through the without being excused by the council. oath of office following the next election for that office. Partial terms will not be counted (B) The mayor or a councilmember may be when determining term limits. removed from office for: (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Prop., 5-2-92; Am. (1) official misconduct; Ord. 2364 passed 8-11-98; Am. Ord. 2627 (2) intentional violation of municipal passed 8-14-01) ordinance; (3) habitual drunkenness; (4) incompetency Sec. 2.03. Compensation. (C) In this section: Members of the council shall be paid (1) “Incompetency” means: $200.00 per month. The Mayor shall be paid (a) gross ignorance of official duties $375.00 per month. The Mayor and Council (b) gross carelessness in the discharge of members shall be entitled to reimbursement official duties; or of necessary expenses incurred in the (c) inability or unfitness to promptly and performance of their official duties when properly discharge official duties approved by the Council. because of a serious mental or (Am. Ord. 2627 passed 8-14-01) physical defect that did not exist at the time of the officer’s election.

Sec. 2.04. Vacancies in council, forfeiture (2) “Official misconduct means intentional of office, filling of vacancies. unlawful behavior relating to official duties by the councilmember. The term includes an (A) The office of mayor or council member intentional or corrupt failure, refusal, or shall become vacant upon the holder's death, neglect of a councilmember to perform a duty resignation, removal from office or forfeiture imposed by law. of office in any manner authorized by this charter or state law. A member may resign by

Carrollton City Charter Page 8 As amended May 15, 2004

Procedure: council shall enter a judgment removing the charged councilmember and declaring the (D) A written sworn complaint must be filed office vacant. If the councilmember is by another councilmember with the mayor found not guilty, judgment shall be entered and the mayor shall: accordingly. (1) file the complaint; (2) cause a copy of the complaint to be (i) A councilmember removed under this served on the charged councilmember; section is not eligible for reelection to the (3) set a date for trial of the case; and same office for two years after the date of (4) notify the charged councilmember and the removal. the other councilmembers of the municipality to appear that day. (j) A councilmember may not be removed under this section for an act committed (E) The Mayor and councilmembers, except before election to office. the charged councilmember, constitute a court to try and determine the case against the In the event a vacancy occurs in the office of charged councilmember. mayor or council member from any cause whatsoever the council shall, as soon as (f) When such a complaint is made against practicable, order an election to be held on the the mayor, the complaint must be presented next available election date authorized by to a councilmember(s) of the municipality. state law for the purpose of filling such office That councilmember(s) shall: for the remainder of the unexpired term; (1) file the complaint; provided, however, no such election shall be (2) cause a copy of the complaint to held any later than 120 days after such be served on the mayor; vacancy or vacancies occur. (3) set a date for the trial of the case; and (Adopted by electorate, 9-19-61; Am. Prop. (4) notify the mayor and the other 1, ratified 4-16-65; Am. Ord. 1361 passed councilmember(s) to appear 4-7-87; Am. Ord. 2364 passed 8-11-98; Am. on that day. Ord. 2627 passed 8-14-0; Am. Ord. 2892 passed 5-25-04) (g) A majority of the councilmember(s) constitutes a court to try and determine the case against the mayor. The Sec. 2.05. Presiding officer; the mayor. councilmember(s) shall select one of the councilmember(s) to preside during the trial. The mayor shall preside at meetings of the council, and shall be recognized as head of (h) A proceeding under this section is city government for all ceremonial purposes subject to the rules governing a proceeding and by the governor for purpose of military or trial in a justice court. If two-thirds of the law, but shall have no regular administrative members of the city council who are present duties. The mayor may participate in the at the trial of the case find the charged discussion of all matters coming before the councilmember guilty of the charges council. The mayor shall not be entitled to contained in the complaint and find that the vote as a member thereof on legislative or charges are sufficient cause for removal other matters, except in case of a tie, when the from office, the presiding officer of the city mayor shall have the right to cast the deciding

Carrollton City Charter Page 9 As amended May 15, 2004

vote. The council shall elect from among the the location and use of buildings for council members a mayor pro tempore who trade, industry, business, residence or shall act as mayor during the absence or other purpose, and adopt such other disability of the mayor. zoning regulations as may be (Adopted by electorate, 9-19-61; Am. Prop. 3, authorized by law; ratified 2-18-69; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8-11-98;) (8) Adopt, modify and carry out plans proposed by the planning and zoning commission for the replanning, Sec. 2.06. Powers. improvement and redevelopment of neighborhoods; and Except as otherwise provided by this Charter, all powers of the city and the (9) Provide an independent audit. determination of all matters of policy shall be (Adopted by electorate, 9-19-61; Am. Ord. vested in the council. Without limitation of 1361 passed 4-7-87; Am. Ord. 2364 passed 8- the foregoing powers of the council, the 11-98) council shall also have power to:

(1) Appoint and remove the city manager, Sec. 2.07. Appointment of city manager. municipal court judges and city attorney; The council shall appoint a city manager who shall be the chief administrative and (2) With or without the recommendation executive officer of the city. No member of of the city manager, establish and the council shall, during the term for which abolish other administrative elected, be chosen as city manager. The city departments and distribute the work of manager shall receive such compensation as divisions; may be fixed by the council. (Adopted by electorate, 9-19-61; Am. Ord. (3) Adopt the budget of the city; 2892 passed 5-25-04)

(4) Authorize the issuance of bonds by a bond ordinance; Sec. 2.08. Removal of city manager.

(5) Inquire of the city manager about the The council may remove the city conduct of any office, department or manager, upon the affirmative vote of a agency of the city and make majority of full membership of the council. If investigations as to municipal affairs; removed after serving three (3) months, the city manager may demand written charges (6) Create advisory boards and and the right to be heard thereon at a public commissions and appoint and remove meeting of the council prior to the date on the members thereto; which final removal shall take effect; but pending such hearing the council may (7) Regulate and restrict the area, height suspend the manager from office. The action and number of stories of buildings and of the council in suspending or removing the other structures, the size of yards and city manager shall be final, it being the courts, the density of populations and intention of the Charter to vest all authority

Carrollton City Charter Page 10 As amended May 15, 2004

and fix all responsibility for such suspension (4) Vacancies. Vacancies in the or removal in the council. appointive boards and commissions may be (Adopted by electorate, 9-19-61; Am. Ord. filled for the unexpired term at the discretion 1361 passed 4-7-87) of the council. (Adopted by electorate, 9-19-61; Am. Ord. 1361, passed 4-7-87; Am. Ord. 2364, 8-11- Sec. 2.09. Appointive boards and 98) commissions.

(1) Qualifications. The council may Sec. 2.10. Council not to interfere in city appoint members of its boards and manager's appointments or removals. commissions, who shall be qualified voters of the City of Carrollton who have been Neither the council nor any of its residents of the State of Texas for at least one members shall direct or request the (l) year and residents of the city, or an area appointment of any person to or the removal now within the corporate limits, for at least of same from office by the city manager or by six (6) months; and hold no other public any of his/her subordinates. However, the office except that of notary public or member council may consult and advise the city of the national guard or armed services; and manager, make inquiry regarding the not in arrears in the payment of any taxes or appointments or removals and may express other liability due the city. their opinion in regard thereto. In regard to administrative and executive duties under the (2) Removal. The council may, upon the city manager, the council and its members affirmative vote of a majority of the full shall deal solely through the city manager and membership of the council, remove members neither the council nor any member thereof of its appointive boards and commissions shall give orders to any subordinate of the city without notice. If an appointive member shall manager, either publicly or privately. Willful cease to possess any qualification or shall be violation of the foregoing provisions of this convicted, including the entering of any plea Charter by any member of the council shall and receiving deferred adjudication, of a constitute official misconduct and shall felony or a crime of moral turpitude, the authorize the council by a vote of a majority office shall immediately become vacant. of its membership to expel such offending member from the council if found guilty after (3) Candidacy for other office. If a a public hearing, and thereby create a vacancy member of an appointive board or in the place held by such member. commission shall announce candidacy, or (Adopted by electorate, 9-19-61; Am. Ord. shall in fact become a candidate in any 1361 passed 4-7-87) general, special or primary election, for any office of profit or trust under the laws of this State or the United States, such Sec. 2.11. Creation of new departments or announcement or such candidacy shall offices. constitute an automatic resignation of the appointment, effective with the date of such The council, with or without the announcement or candidacy. recommendation of the city manager, may create, change, and abolish offices, departments or agencies, other than the

Carrollton City Charter Page 11 As amended May 15, 2004

offices, departments and agencies established municipal court shall be paid into the city by this Charter. treasury for the use and benefit of the city. (Adopted by electorate, 9-19-61) (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98, effective 10-1-98) Sec. 2.12. Municipal judge.

(1) Qualifications. The council shall Sec. 2.13. City attorney. appoint magistrates of the municipal court to be known as the municipal judge and assistant The council shall appoint a city attorney, judges, who shall be appointed for a term of chosen on the basis of his/her qualifications as two years. The judges shall be members of a competent and practicing attorney. The city the State Bar of Texas, a qualified voters who attorney shall receive such compensation as have been a resident of the State of Texas for may be fixed by the council. The council at least one year; and hold no other elected may remove the city attorney, upon the public office except that of a notary public or affirmative vote of a majority of full member of the National Guard or armed membership of the council. The action of the services; and not in arrears in payment of any council in suspending or removing the city taxes or other liability due the city. During attorney shall be final, it being the intention of the tenure of office, the municipal judge, but the Charter to vest all authority and fix all not the assistant judges, shall reside in the city responsibility for such suspension or removal of Carrollton. in the council.

(2) Removal. The municipal judge and The city attorney shall be the legal advisor any assistant judge, may be removed by the of and attorney and counsel to the city and all affirmative vote of a majority of the full officers and departments including the city membership of the council, or in the manner council or any committee thereof, the city prescribed for the removal of a county court manager and all official boards and at law judge or should he/she cease to possess commissions with respect to any legal the qualification for office. question involving an official duty or any (3) Candidacy for other office. If the legal matter pertaining to the affairs of the municipal court judge, or any assistant judge, city. The city attorney, or such other shall announce candidacy, or shall in fact attorneys recommended by him/her and become a candidate in any general, special or retained with the approval of the council, primary election, for any office of profit or shall represent the city in all litigation and trust under the laws of the state or the United controversies, and to that end shall have the States, such announcement or such candidacy power to fulfill such responsibilities in such a shall constitute an automatic resignation of manner as he/she deems to be necessary or the appointment, effective with the date of desirable on behalf of the city. such announcement or candidacy. There shall exist an attorney-client relationship between the city attorney and the (4) Vacancy and compensation. The city of Carrollton, Texas, and the city council municipal judge and each assistant judge shall of the city of Carrollton, Texas. The receive such salary as may be fixed by the privileged nature of communications between council. All costs and fines imposed by the attorney and client as established and

Carrollton City Charter Page 12 As amended May 15, 2004

recognized by the common law, statutes and Sec. 2.15. Council to be judge of rules of the State Bar of Texas shall apply. qualifications of its members.

The city attorney shall appoint such The council shall be the judge of the assistants as shall be provided for in the qualifications of its members and for such budget. Any such assistant may be purpose shall have power to subpoena discharged at any time by the city attorney. witnesses and require the production of All responsibilities imposed on the city records, but the decision of the council in any attorney may be performed by any assistant such case shall be subject to review by the city attorney, as designated by the city courts. attorney. (Adopted by electorate, 9-19-61; Am. Ord. (Adopted by the electorate 8-8-98, effective 2364 passed 8-11-98) 10-1-98)

Sec. 2.16. Rules of procedure; minutes. Sec. 2.14. Induction of council into office; meetings of council, quorum, voting. The council shall determine its own rules and order of business. It shall keep the The council shall meet regularly at such minutes of its proceedings, and the minutes times as may be prescribed by ordinance, but shall be open to public inspection. Minutes of no less frequently than once each month. all meetings of the council shall be promptly Newly elected members of the council may entered in the minute book of the council, and be inducted into office at the next regularly city secretary shall at the same time provide a scheduled meeting following the election. All permanent and adequate index showing the meetings of the council shall be open to the action of the council in regard to all matters public, except as provided by state law. Any submitted to it at both regular and special four council members shall constitute a meetings. quorum for the transaction of business, and (Adopted by electorate, 9-19-61; Am. Ord. except as provided in 2.04, the affirmative 1361 passed 4-7-87) vote of four or more council members shall be necessary to take any action in the name of the city or to adopt or repeal any ordinance or Sec. 2.17. Ordinances. resolution. In addition to such acts of the council as All council members present shall vote are required by statute or by this Charter to be upon every motion, except when required to by ordinance, every act of the council abstain by state law. The vote of each establishing a fine or penalty or providing for member shall be recorded in the minutes. expenditure of funds or for contracting of Any member refusing to vote shall be entered indebtedness, shall be by ordinance. The on the record as voting "no." enacting clause of all ordinances shall be “Be (Adopted by electorate, 9-19-61; Am. Ord. it ordained by the council of the City of 1361 passed 4-7-87; Am. Ord. 2364 passed 8- Carrollton.” 11-98) (Adopted by electorate, 9-19-61)

Carrollton City Charter Page 13 As amended May 15, 2004

Sec. 2.18. Publication of ordinances.

A full text of all penal ordinances shall be published at least once in the official newspaper of the city, or in lieu thereof a descriptive caption or title stating in summary the purpose of the ordinance and penalty for violation thereof shall be published. All other ordinances, except those ordinances specifically required by the provisions of this Charter to be published, are not required to be published in either the official newspaper of the city or in any other publication. All ordinances shall become effective as of the date stated therein, and in the event no particular date is stated said ordinances shall become effective from and after passage and adoption by the council. (Adopted by electorate, 9-19-61; Am. Ord. 2364 passed 8-11-98)

Sec. 2.19. Independent annual audit.

Prior to the end of each fiscal year the council shall designate qualified certified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit their report to the council and the city manager. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of the city business, but, within specifications approved by the council, shall post-audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. A copy of such audit shall be kept in the office of the city secretary subject to inspection by any citizen and officer during regular office hours. (Adopted by electorate, 9-19-61)

Carrollton City Charter Page 14 As amended May 15, 2004

ARTICLE III. THE CITY MANAGER

3.01. Qualifications 3.02. Powers and duties 3.03. Bond of city manager 3.04. Absence of city manager 3.05. Administrative departments 3.06 City secretary

Sec. 3.01. Qualifications. (2) Prepare and submit to the council an annual budget and be responsible for The city manager shall be chosen by the its administration after adoption; council on the basis of character, executive and administrative training, experience and (3) Prepare and submit to the council as ability, and without regard to political of the end of the fiscal year a consideration. The city manager need not, complete report on the finances and when appointed, be a resident of the City of administrative activities of the city for Carrollton or the State of Texas, but during the preceding year; the tenure of office, shall reside in the City of Carrollton. (4) Keep the council advised of the (Adopted by electorate, 9-19-61; Am. Ord. financial condition and future needs of 1361 passed 4-7-87) the city and make such recommendations that may seem desirable; Sec. 3.02. Powers and duties. (5) Perform such other duties as may be The city manager shall be the chief prescribed by this Charter or required executive officer and the head of the by the council, not inconsistent with administrative branch of the city government. this Charter; The city manager shall be responsible to the council for proper administration of all affairs (6) Attend all meetings of the council, of the city under the jurisdiction of the except when excused by the council manager and to that end, shall have power or when the manager is under and shall be required to: discussion, with the right to take part in the discussions, but having no vote; (1) Appoint [and] remove any officer or and the manager shall be notified of employee of the city except as all special meetings of the council. otherwise provided by this Charter (Adopted by electorate, 9-19-61; Am. Ord. and except as the manager may 1361 passed 4-7-87) authorize the head of a department to appoint and remove subordinates in such department; Sec. 3.03. Bond of city manager.

The council shall require the city manager, before entering upon the duties of

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office, to execute a good and sufficient bond signature and record all ordinances and with a surety company doing business in the resolutions, in full, in a book kept for such State of Texas, and approved by the council, purpose. The city secretary shall also perform as surety thereon, said bond to be in such such other duties as shall be required by this amount as the council may demand, payable Charter or by the city manager. to the City of Carrollton, and conditioned for (Adopted by electorate, 9-19-61; Am. Ord. the faithful performance of the duties of 1361 passed 4-7-87) his/her office; premium of such bond to be paid by the city. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87)

Sec. 3.04. Absence of city manager.

To perform any duties during a temporary absence or disability, the city manager may designate by letter filed with the city secretary a qualified administrative official of the city. In the event of failure of the city manager to make such designation, the council may by resolution appoint an official of the city to perform the duties of the city manager until the manager shall return or the disability shall cease. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11- 98)

Sec. 3.05. Administrative departments.

There shall be administrative departments as may be established by ordinance upon the recommendation of the city manager. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87)

Sec. 3.06. City secretary.

The city manager shall appoint an official of the city, who shall have the title of city secretary. The city secretary shall give notice of the council meetings, shall keep minutes of its proceedings, shall authenticate by

Carrollton City Charter Page 16 As amended May 15, 2004

ARTICLE IV. BUDGET

4.01. Fiscal year 4.02. Preparation and submission of budget 4.03. Budget a public record 4.04. Public hearing on budget 4.05. Proceeding on adoption of budget 4.06. Budget, appropriations and amount to be raised by taxation 4.07. Unallocated reserve fund 4.08. Amending the budget 4.09. Certification; copies made available 4.10. Defect shall not invalidate the tax levy

Sec. 4.01. Fiscal year. complete statement regarding the financial condition of the city. The fiscal year of the City of Carrollton shall begin on October 1 of each calendar (2) An estimate of all revenue from taxes year and will end on September 30 of the and other sources, including the following calendar year. The fiscal year will present tax structure rates and also be established as the accounting and property evaluations for the ensuing budget year. year. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87) (3) A carefully itemized list of proposed expenditures by fund and service type and project for the budget year, as Sec. 4.02. Preparation and submission of compared to actual expenditures of budget. the last ended fiscal year, and an estimate of final expenditures for the The city manager, prior to August 1 of current fiscal year. each year, shall prepare and submit the budget, covering the next fiscal year, to the (4) A description of all outstanding bond council, which shall contain the following indebtedness, showing amount, date information. In preparing this budget, each of issue, rate of interest and maturity employee, officer, board and department shall date, as well as any other indebtedness assist the city manager by furnishing all referred to in Article V, which the city necessary information. has incurred and which has not been paid. (1) The city manager's budget message shall outline the proposed financial (5) A statement proposing any capital policies for the next fiscal year with expenditures deemed necessary for explanations of any major changes undertaking during the next budget from previous years in expenditures year and recommended provision for and any major changes of policy and a financing.

Carrollton City Charter Page 17 As amended May 15, 2004

(6) A list of capital projects which should beginning of the next fiscal year, adopt the be undertaken within the five (5) next budget by a favorable majority vote of all succeeding years. members of the council. (Adopted by electorate, 9-19-61; Am. Ord. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 1361 passed 4-7-87) 11-98)

Sec. 4.06. Budget, appropriations and Sec. 4.03. Budget a public record. amount to be raised by taxation.

The budget and all supporting schedules On final adoption, the budget shall be in shall be filed with the city secretary when effect for the budget year. Final adoption of submitted to the council and shall be open to the budget by the council shall constitute the public inspection by anyone interested. official appropriations as proposed (Adopted by electorate, 9-19-61; Am. Ord. expenditures for the current year and shall 1361 passed 4-7-87) constitute the basis of the official levy of the property tax as the amount of tax to be assessed and collected for the corresponding Sec. 4.04. Public hearing on budget. tax year. Estimated expenditures will in no case exceed proposed revenue plus fund The council shall name the date and place balance. The city manager may transfer of a public hearing. The hearing shall be no unused appropriations between any less than fifteen (15) days subsequent to the appropriation category within a fund. date the budget is filed as provided in section (Adopted by electorate, 9-19-61; Am. Ord. 4.02. Public notice of the hour, date and 2364 passed 8-11- 98) place of such hearing shall be published in the official newspaper of the city not less than five (5) nor more than fifteen (15) days before Sec. 4.07. Unallocated reserve fund. the hearing. At this hearing, interested citizens of the city may be present and When recommended by the city manager express their opinions concerning items of and in the discretion of the council, the budget expenditures and revenue, giving their may contain a reasonable sum set aside as an reasons for wishing to increase or decrease unallocated reserve fund to meet unexpected any item. and unforeseen contingencies in current (Adopted by electorate, 9-19-61; Am. Ord. operating costs of any budget service type or 1361 passed 4-7-87; Am. Ord. 2364 passed 8- project. 11-98) (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87)

Sec. 4.05. Proceeding on adoption of budget. Sec. 4.08. Amending the budget.

After public hearing, the council shall In case of grave public necessity, analyze the budget, making any additions or emergency expenditures to meet unusual and deletions which they feel appropriate, and unforeseen conditions, which could not by shall, at least ten (10) days prior to the reasonable diligent thought and attention,

Carrollton City Charter Page 17 As amended May 15, 2004

have been included in the original budget, may from time to time be authorized by the council as amendments to the original budget. This shall not prevent the council from making changes in the budget for municipal purposes. Any amendment providing for additional expenditure shall also provide for reductions in other expenditures, supplemental revenues or reduction in fund balance to fund such amendments. These amendments shall be by ordinance, and shall become an attachment to the original budget. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98)

Sec. 4.09. Certification; copies made available.

A copy of the budget, as finally adopted, shall be filed with the city secretary, the county clerk of Dallas, Denton and Collin Counties and the Carrollton Public Library. Sufficient copies of the final budget shall be made available for the use of all offices, agencies and for the use of interested persons and civic organizations. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98)

Sec. 4.10. Defect shall not invalidate the tax levy.

Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87)

Carrollton City Charter Page 18 As amended May 15, 2004

ARTICLE V. BONDS, WARRANTS AND OTHER OBLIGATIONS OF INDEBTEDNESS

5.01. Powers to issue 5.02. Manner of issuance 5.03. Revenue bonds 5.04. Interest and sinking funds 5.05. Records and accounts 5.06. Limitations

Sec. 5.01. Powers to issue. city shall have the power to execute loan agreements, revolving credit agreements, In keeping with the Constitution of the agreements establishing a line or lines of State of Texas and not contrary thereto, the credit, letter of credit agreements, City of Carrollton shall have the power to reimbursement agreements, insurance borrow money on the credit of the city for contracts, commitments to purchase, any public purpose or for permanent public purchase or sale agreements, lease improvements and in evidence of such agreements or such other contracts or borrowing, shall have the right and power to agreements authorized and approved by the issue all bonds, certificates of obligation, council related to the security or liquidity notes, time warrants and other obligations or thereof. All such obligations or evidences of evidences of indebtedness as now authorized indebtedness shall be signed by the mayor, or as may hereafter be authorized to be issued countersigned by the city secretary in the by cities and towns by the laws of the State of manner provided by general law, and shall be Texas. The power to issue or incur payable at such times and place or places as indebtedness or obligations pursuant to shall be determined within the discretion of sections 5.01 and 5.03 shall include the the council. power to issue obligations to refund such (Adopted by electorate, 9-19-61; Am. Ord. indebtedness or obligations issued or incurred 1361 passed 4-7-87) pursuant to said sections or the laws of the State of Texas. (Adopted by electorate, 9-19-61; Am. Ord. Sec. 5.03. Revenue bonds. 1361 passed 4-7-87) The city shall have power to issue revenue bonds, notes, or other obligations for Sec. 5.02. Manner of issuance. the purpose of constructing, purchasing, improving, extending or repairing of public Obligations or evidences of indebtedness utilities, recreational facilities or facilities for of the City of Carrollton shall be sold, any other self-liquidating function enacted by authorized, and issued in the manner the council not now or hereafter prohibited provided by applicable laws of the State of by any general laws of the state. Such bonds, Texas and, in connection with the issuance of notes, or other obligations shall be a charge evidences of indebtedness or obligations upon and payable from the properties, or under either section 5.01 or 5.03 hereof, the interest therein acquired or the income

Carrollton City Charter Page 19 As amended May 15, 2004

therefrom, and shall never be a debt of the Federal Savings and Loan Insurance city. The council shall have authority to Corporation and/or secured, to the extent not provide for the terms and form of any insured by the Federal Deposit Insurance purchase agreement, contract, mortgage, Corporation or Federal Savings and Loan bond or document desired or necessary for Insurance Corporation, by collateral the issuance of revenue bonds, notes, or other securities described in (a) and (b) above. obligations and the acquisition and operation (Adopted by electorate, 9-19-61; Am. Ord. of any such property or interest. 1361 passed 4-7-87) (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87) Sec. 5.05. Records and accounts.

Sec. 5.04. Interest and sinking funds. The director of finance or other officer of the city designated by the city manager shall It shall be the duty of the council to levy keep, or cause to be kept, for and on behalf of an annual tax sufficient to pay the interest on the city, complete, current and accurate and provide the necessary sinking fund records and accounts pertaining to all bonds, required by law on all outstanding general warrants, certificates of indebtedness and obligation bonds of the city. The interest and other obligations issued or incurred by the sinking fund shall be a separate fund city and with respect to the payment and maintained at a depository of the city, and cancellation of such bonds, warrants, monies deposited therein shall not be certificates of indebtedness or other diverted to or used for any other purpose than obligations. to pay the interest and principal on general (Adopted by electorate, 9-19-61; Am. Ord. obligation bonds issued by the City of 1361 passed 4-7-87) Carrollton.

Moneys deposited to the credit of the Sec. 5.06. Limitations. interest and sinking fund of the city must be invested in a manner to insure the safety of All obligations or evidences of principal in (a) direct obligations of indebtedness shall be authorized by (including obligations issued or held in book ordinance of the city council and in no event entry form on the books of the Department of shall it be required that such ordinance be Treasury of the United States of America), or passed more than one time or at more than obligations the principal of and interest on one meeting. No ordinance authorizing the which are unconditionally guaranteed by, the issuance or sale of obligations or evidences United States of America, (b) bonds, notes, of indebtedness shall be subject to debentures or other evidences of referendum. indebtedness payable in cash issued by any (Adopted by electorate, 9-19-61; Am. Ord. one or a combination of federal agencies and 1361 passed 4-7-87) such obligations by statute, judicial decision or in the opinion of the attorney general of the United States represent the full faith and credit of the United States of America, or (c) in certificates of deposit fully insured by the Federal Deposit Insurance Corporation or the

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ARTICLE VI. ASSESSMENT AND COLLECTION OF TAXES

6.01. Power to tax 6.02. Where payable; no demand necessary 6.03. Ratification 6.04. Payment; delinquency; penalties 6.05. General powers

Sec. 6.01. Power to tax. Sec. 6.03. Ratification.

The council shall have power to levy, All taxes heretofore levied are ratified and assess and collect for general purposes, an ad all ordinances relating to taxes now in force valorem tax on all real property, tangible shall continue until amended or repealed by personal property and intangible personal the council. property within the city limits of the City of (Adopted by electorate, 9-19-61; Am. Ord. Carrollton, or having its situs therein on 1361 passed 4-7-87) January first of each year, not exempt from taxation by the Constitution and laws of the State of Texas, based upon its true value as Sec. 6.04. Payment; delinquency; provided by state law. penalties. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- The taxes herein and hereby authorized to 11-98) be levied shall become due and payable October 1 of the year assessed, and same shall be payable in any lawful manner deemed Sec. 6.02. Where payable; no demand appropriate by the council at the office of the necessary. assessor and collector of taxes. Taxes shall be deemed and become delinquent if not paid All taxes shall be payable at the office of prior to February 1 of the year following the assessor and collector of taxes in the City assessment and such delinquent taxes shall be of Carrollton at the city hall building or at subject to penalty, interest and any additional such other places in the City of Carrollton as penalty to defray the costs of collection in the may be specifically designated by the council. manner provided by state law.

No demand for such taxes shall be The delinquent taxpayer shall be subject necessary but it is the duty of the taxpayer to to the payment of all costs and expenses, make payment of such taxes in any lawful court costs and additional costs including manner deemed appropriate by the council reasonable attorneys fees allowed by state law within the time specified by state law. in the event a lawsuit is filed to collect any (Adopted by electorate, 9-19-61; Am. Ord. delinquent tax or part thereof. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11- 98) The council may by ordinance provide that all taxes, either current or delinquent, due the City of Carrollton may be paid in

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installments, except that such installments shall not exceed one (1) year. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98)

Sec. 6.05. General powers.

Unless otherwise provided by this Charter and by ordinances passed hereunder, all property in the city liable for taxation shall be assessed in accordance with the laws of the State of Texas. In addition to the powers herein conferred with reference to the levy and collection of taxes, the City of Carrollton shall have and may exercise all powers and authority now conferred or which may hereafter be conferred upon cities having a population of more than 5,000 inhabitants by the law of the State of Texas. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98)

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ARTICLE VII. NOMINATIONS AND ELECTIONS

7.01. Election 7.02. Regulation of elections 7.03. Nominations 7.04. Number, selection, and term of council 7.05. The official ballot 7.06. Conducting and canvassing elections 7.07. Oath of office

Sec. 7.01. Election. city secretary an application in accordance with the Texas Election Code, accompanied The regular city election shall be held on a by a nonrefundable filing fee of $250, or in date specified by the council, at which time, lieu of a filing fee, a petition signed by a officers will be elected to fill those offices minimum number of 100 qualified voters, or that become vacant that year. The council one-half of one percent of the total vote may order a special election, set the time and received in the city by all candidates for place for holding same and provide all means mayor in the most recent mayoral general for holding such special election. election, whichever is greater. No voter shall (Adopted by electorate, 9-19-61; Am. Prop. sign more than one (1) petition for a candidate III, ratified 4-16-65; Am. Prop. 1, ratified for a specific position or office and should a 2-18-69; Am. Ord. 1361 passed 4-7-87; Am. voter do so, the signature shall be void except Ord. 2364 passed 8-11-98) as to the petition first filed.

Sec. 7.02. Regulation of elections. Any person who has placed his/her own name in nomination shall take the following The council shall make all regulations oath: considered to be necessary or desirable which are not inconsistent with this Charter or the “I hereby declare and accept the laws of the State of Texas, for the conduct of nomination for the council, Place No. , municipal elections, and for the prevention of and agree to serve if elected. I am fraud. years of age, a qualified voter of the City of Carrollton, a resident of the State of All city elections shall be governed, Texas for at least one (1) year and of the except as otherwise provided by this Charter, City of Carrollton or an area now within by the laws of the State of Texas governing the corporate limits of the City of general and municipal elections. Carrollton for at least six (6) months. I am (Adopted by electorate, 9-19-61; Am. Ord. not in arrears in payment of any taxes or 1361 passed 4-7-87) other liability due city. At the present time, I reside at Street in the Sec. 7.03. Nominations. City of Carrollton.”

Any person having the qualifications Signature of Candidate: required by the Charter may place his/her Date and hour of filing: own name in nomination as candidate for Received by: ______mayor or council member by filing with the (Signature of City Secretary)

Carrollton City Charter Page 23 As amended May 15, 2004

The above statement will contain the for mayor shall appear on the official following notarization: ballot as a candidate for such office.

“State of Texas (3) The places of the several council County of members shall be designated on the Before me, the undersigned authority, official ballot as members of the on this day personally appeared , council, Place Nos. 1, 2, 3, 4, 5, 6 or known to me to be the person whose 7, and each petition circulated on name is subscribed to the foregoing behalf of each proposed candidate instrument and who acknowledged to me shall designate the place to be filled that the same was subscribed as his/her by such candidate. In all elections, free act and deed for the purposes and the name of each candidate shall consideration therein expressed. appear on the official ballot for the place number to which the candidate Given Under My Hand and Seal of seeks election. Office this day of , 20__.” (4) Beginning with the election of 2002 (Adopted by electorate, 9-19-61; Am. Ord. Council members for places 2, 4, 6 1361 passed 4-7-87; Am. Ord. 2364 passed 8- and mayor shall be elected for a three- 11-98) (3) year term and an election shall be held for those places thereafter every three years. Beginning with the Sec. 7.04. Number, selection, and term of election of 2003 Council members for council. places 1, 3, 5 and 7 shall be elected for a three-(3) year term and an The council shall be composed of a mayor election shall be held for those places and seven (7) council members who shall be thereafter every three years. (Am Ord. elected and serve in the following manner: 2627 passed 8-14-01)

(1) The mayor and council members in (5) The city is hereby divided into four office at the time of the adoption of (4) places, known as Places 1, 3, 5, this amendment to the Charter shall and 7. The four places shall be continue to serve as mayor and described with particularity by council members under this Charter ordinance. until the expiration of their present terms of office, or until their Any territory hereafter annexed to the successors have been elected or city shall upon annexation become a selected and inducted under this part of that place situated adjacent and Charter. contiguous to it, as may be determined by the council. (2) The office of mayor shall be designated on the official ballot and The city council shall review such each petition circulated on behalf of a places not less than every two (2) proposed candidate shall designate the years and shall by ordinance set the office sought is that of mayor. In all boundaries of any or all to maintain a elections, the name of each candidate substantial equality of population

Carrollton City Charter Page 24 As amended May 15, 2004

between places 1, 3, 5 and 7. highest number of votes for any such office in the first election shall be (a) Place No. 1 shall be generally placed upon the ballot to be voted on described as the northeast quadrant of in such runoff election. the city. (8) In case of a tie vote in the runoff (b) Place No. 3 shall be generally election or in the first election if there described as the southwest quadrant of are only two (2) candidates, as to the the city. two (2) candidates, the council shall order subsequent elections in the same (c) Place No. 5 shall be generally manner as the runoff election until the described as the northwest quadrant of tie vote between the two (2) the city. candidates has been resolved. (Adopted by electorate, 9-19-61; Am. Prop. 2, (d) Place No. 7 shall be generally 3, ratified 1-20-79; Am. Ord. 1030 passed described as the southeast quadrant of 1-18-83; Am. Ord. 1143 passed 12-18-84; the city. Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8-11-98; Am. Ord. 2892 passed 5-25- 04) (6) No person shall be eligible as a candidate for member of the council, Place Nos. 1, 3, 5, and 7, unless the Sec. 7.05. The official ballot. candidate is at the time a bona fide resident of Place Nos. 1, 3, 5 and 7, The official ballot shall be drawn up by respectively. Councilmembers must the city secretary and will contain the names continuously reside in said place of all candidates for office, except those who during their term of office. may have been withdrawn, deceased or Candidates for council member Place become ineligible. Names will be placed on Nos. 2, 4, and 6 and the mayor may the ballot without party designation and reside in any portion of the city. The position on ballot will be determined by mayor and all council members shall drawing. be elected from the city at large. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87) (7) The candidate at an election for a place on the council or for mayor who shall receive a majority of all votes Sec. 7.06. Conducting and canvassing cast for the office for which he/she is elections. a candidate shall be declared elected to such office. In the event any Returns of all municipal elections, both candidate for an office fails to receive general and special, shall be made by the a majority of all votes cast for all the election officers to the council in accordance candidates for such office at such with State Law, at which time the council election, the council shall order a shall canvass the votes, declare the results of runoff election to be held the second such election, with notification of election to Saturday after the regular election. candidate elected. The two (2) candidates receiving the

Carrollton City Charter Page 25 As amended May 15, 2004

(Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98; Am. Ord. 2892 passed 5-25-04)

Sec. 7.07. Oath of office.

Every officer of the city shall, in addition to taking the Oath (or Affirmation) required by Article 16, Section 1, Subsection (b) or (d), of the Texas Constitution, take the following Oath or Affirmation before entering upon the duties of the office:

“I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of , of the City of Carrollton, State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and ordinances of this city; so help me God.” (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98)

Carrollton City Charter Page 26 As amended May 15, 2004

ARTICLE VIII. FRANCHISES AND PUBLIC UTILITIES

8.01. Powers of the city 8.02. Right-of-way authority of council 8.03. Right-of-way value not to be allowed 8.04. Right of regulation 8.05. Consent of property owners 8.06. Extensions 8.07. Temporary permits 8.08. Other conditions 8.09. Accounts of municipality owned utilities 8.10. Regulations of rates and services 8.11. Rate changes

Sec. 8.01. Powers of the city. Sec. 8.02. Right-of-way authority of council. In addition to the city's power to buy, The council shall have power to grant, own, construct, maintain, and operate utilities, amend, renew or extend by ordinance all within or without the city limits, and to franchises, licenses, and other authorization, manufacture and distribute electricity, gas or which shall be non-exclusive, for all use or anything else that may be needed or used by occupancy of public rights-of-way by all the public, the city shall have further powers persons, including public utilities and as may now or hereafter be granted under the providers of utility services of every character Constitution and laws of the State of Texas. operating within the City of Carrollton, and As the trustee of the public properties within for such purposes is granted full power. the city, the city shall have full power to Provided, no such franchise, license, or other manage the use and occupancy of public authority to use or occupy the public rights- properties and to require the payment to the of-way shall be granted by the city without city of just and reasonable compensation for inclusion within such authority the the use or occupancy of public property, requirement that the grantee pay just and including rights-of-way, by all persons, reasonable compensation to the city for such including public utilities and other providers use or occupancy. Just and reasonable of utility services. “Persons” as used in this compensation shall include, at a minimum, a Article VIII shall include governmental recovery of reasonable rental value of the entities. "Utility services" and "public utility" rights-of-way, and a recovery of the city's as used in this Article VIII shall include acquisition, maintenance, management and providers of all electric, gas, water, supervisory costs. (Am. Ord. 2627 passed 8- wastewater, telecommunications, cable 14-01) television, video programming and information services. Prior to the adoption of any such (Adopted by electorate, 9-19-61; Am. Ord. franchise, license, or other authorization by 2364 passed 8-11- 98; Am. Ord. 2627 passed ordinance, the council shall hold a public 8-14-01) hearing, where all interested citizens may offer evidence upon the matter. Notice of the

Carrollton City Charter Page 27 As amended May 15, 2004

hour, date and location of the public hearing otherwise to comply with the terms of shall be published in the official newspaper of the franchise, licenses, or other the city, not less than five (5) days nor more authorizations, such power to be than fifteen (15) days before the hearing. exercised only after due notice and The notice shall also include a descriptive hearing. caption or title stating in summary the principal subjects of the ordinance. The (2) To require an adequate and reasonable expense of such publication shall be borne by extension of plant and service, and the the proponent of the franchise, license or maintenance of the plant and fixtures other authorization. No such franchise, at the standard necessary to render the license or other authorization shall be highest reasonable quality of utility transferable, except with the approval of the service to the public. council expressed by ordinance. (Adopted by electorate, 9-19-61; Am. Ord. (3) To establish reasonable standards of 1361 passed 4-7-87; Am. Ord. 2364 passed 8- service and quality of products and 11- 98) prevent unjust discrimination in service on rates.

Sec. 8.03. Right-of-way authorization (4) (a) To prescribe the form of accounts value not to be allowed. kept by each such person holding a franchise, license or other In fixing reasonable rates and charges for authorization to use the public right- utility service within the city and in of-way; provided, that if the person is determining the just compensation to be paid a utility or provider that keeps its by the city for public utility property which accounts in accordance with the the city may acquire by condemnation or uniform system of accounts for said otherwise, nothing shall be included as the utility prescribed by the National value of any franchise, license, or other Association of Regulatory Utility authorization granted by the city under this Commissioners, the Federal Energy Charter for the use of public rights-of-way. Regulatory Commission, the Federal (Adopted by electorate, 9-19-61; Am. Ord. Communications Commission, the 2364, passed 8-11-98) Public Utility Commission of Texas, the Railroad Commission of Texas, or their successors, or other state or Sec. 8.04. Right of regulation. federal utility regulating agencies, this shall be deemed sufficient compliance All grants, renewals, extensions, or with this paragraph. amendments to franchises, licenses, or other authorizations to use the public rights-of-way, (b) At any time to examine and audit whether it be so provided in the ordinance or the accounts and other records of any not, shall be subject to the right of the city: such utility or provider and to require annual and other reports, including (1) To repeal the same by ordinance at reports on local operations by each any time for failure to begin such public utility or provider. construction or operation within the time prescribed or for failure

Carrollton City Charter Page 28 As amended May 15, 2004

(5) To impose such reasonable regulations and restrictions as may be Permits unconditionally revocable at the deemed desirable or conducive to the will of the governing body for minor or safety, welfare, and accommodation temporary privileges in the streets, public of the public. ways and public places of the city may be (Adopted by electorate, 9-19-61; Am. Ord. granted and revoked by ordinance from time 2364 passed 8-11- 98; Am. Ord. 2627 passed to time, and such permits shall not be deemed 8-14-01) franchises, licenses or other authorizations as the terms are used in this Charter. (Adopted by electorate, 9-19-61; Am. Ord. Sec. 8.05. Consent of property owners. 2364 passed 8-11-98)

The consent of abutting and adjacent property owners shall not be required for the Sec. 8.08. Other conditions. construction, extension, maintenance or operation of any public utility or provider of All franchises, licenses or other utility services; but nothing in this Charter or authorizations, heretofore granted are in any franchise, license or other authorization recognized as contracts between the City of granted thereunder shall ever be construed to Carrollton and the grantee, and the contractual deprive any such property owners of any right rights as contained in any such franchises, of action for damage or injury to his property licenses or other authorizations, shall not be as now or hereafter provided by law. impaired by the provisions of this Charter, (Adopted by electorate, 9-19-61; Am. Ord. except that the power of the City of Carrollton 2364 passed 8-11- 98) to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power Sec. 8.06. Extensions. of the city heretofore existing and herein provided for to regulate the rates and services All extensions of public utility services of a utility, which shall include the right to within the city limits shall become a part of require adequate and reasonable extension of the aggregate property of the public utility, or plant and service and the maintenance of the provider of utility services, shall be operated plant fixtures at the standard necessary to as such, and shall be subject to all the render the highest reasonable quality of utility obligations and reserved rights contained in service to the public. Every utility service this Charter and in any original grant hereafter provider franchise, license or other made. The right to use and maintain any authorization, hereafter granted shall be held extension shall terminate with the original subject to all the terms and conditions grant. In case of an extension of public utility contained in the various sections of this article services operated under a franchise, license or whether or not such terms are specifically other authorization hereafter granted, such mentioned in the franchises, licenses or other right shall be terminable at the same time and authorizations. Nothing in this Charter shall under the same conditions as the original operate to limit in any way, as specifically grant. stated, the discretion of the council in (Adopted by electorate, 9-19-61; Am. Ord. imposing terms and conditions as may be 2364 passed 8-11-98) reasonable in connection with any franchise Sec. 8.07. Temporary permits. grant, license or other authorization, including

Carrollton City Charter Page 29 As amended May 15, 2004

the right to require such compensation or power, after due notice and hearing, to rental as may be permitted by the laws of the regulate by ordinance the rates and service of State of Texas. every public utility and provider of utility (Adopted by electorate, 9-19-61; Am. Ord. services operating in the City of Carrollton; 2364 passed 8-11-98) and in that regard may exercise all powers that are now or hereafter granted to municipalities by the Constitution and laws of Sec. 8.09. Accounts of municipally owned the State of Texas. utilities. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- Accounts shall be kept for each public 11-98) utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and Sec. 8.11. Rate changes. operation, including all assets, appropriately subdivided into different classes, all liability No person or corporation enjoying any subdivided by classes, depreciation reserve, franchise, license or other authority to operate other reserves, and surplus; also revenues; a public utility or provide utility services operating expenses including depreciation, within the City of Carrollton, and whose rates interest payments, rental, and other are regulated by the city, shall ever make any disposition of annual income. The accounts change or fix any rate for public service to its shall show the actual capital cost to the city of patrons or the inhabitants of the City of each public utility owned, also the cost of all Carrollton without first being authorized by extensions, additions, and improvements and the governing body of the city by an the source of the funds expended for such ordinance or order approving the. Appeals capital purposes. They shall show as nearly from the city's ordinance or order shall be as as possible the cost of any service furnished provided by the laws of the State of Texas. to or rendered by any such utility to any other (Adopted by electorate, 9-19-61; Am. Ord. city or governmental department. The 2364 passed 8-11-98) council shall annually cause a report to be made by a certified public accountant, showing the financial condition of said public utility and the financial results of such city ownership and operation, giving the information specified in this section and such additional data as the council shall deem expedient. This report shall be available for public inspection. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87)

Sec. 8.10. Regulations of rates and services. To the extent permitted by the laws of the State of Texas, the council shall have full

Carrollton City Charter Page 30 As amended May 15, 2004

ARTICLE IX. RECALL, INITIATIVE AND REFERENDUM

9.01. Scope of recall 9.02. Petitions for recall 9.03. Form of recall petition 9.04. Various papers constituting petition 9.05. Examination and certification of petitions 9.06. Amendment of petition 9.07. Public hearing to be held 9.08. Election to be called 9.09. Ballots in recall election 9.10. Result of recall election 9.11. Restrictions upon recall 9.12. General power of initiative 9.13. General power of referendum 9.14. Voluntary submission of legislation by the council 9.15. Form of ballots 9.16. Publication of proposed and referred ordinances 9.17. Adoption or repeal of ordinances 9.18. Inconsistent ordinances 9.19. Ordinances passed by popular vote; repeal or amendment 9.20. Further regulations by council

Sec. 9.01. Scope of recall. municipal election of the city, but in no event less than 500 such petitioners. Any elected city official shall be subject to recall and removal from office by the For a petition signature to be valid, a qualified voters of the city. petition shall contain the signer's personal (Adopted by electorate, 9-19-61; Am. Ord. signature in ink or indelible pencil; the 1361 passed 4-7-87; Am. Ord. 2364 passed 8- signer's printed name; the signer's voter 11-98) registration number and county of registration; the signer's residence address; the date of signing; and date of birth. Sec. 9.02. Petitions for recall. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- Before the question of recall of such 11-98) officer shall be submitted to the voters, a petition demanding such shall first be filed with the city secretary. The petition shall be Sec. 9.03. Form of recall petition. signed by registered voters of the city equal in number to at least thirty percent (30%) of the The recall petition must be addressed to number of votes cast in the last regular the council of the City of Carrollton. The

Carrollton City Charter Page 31 As amended May 15, 2004

signature shall be verified by oath in the secretary. All papers comprising a recall following form: petition shall be filed with the city secretary on the same day, and the city secretary shall “State of Texas immediately notify, in writing, the officer so County of sought to be removed, by mailing such notice to his/her Carrollton address. I, , being first duly (Adopted by electorate, 9-19-61; Am. Ord. sworn, on oath depose and say that I am 1361 passed 4-7-87) one of the signers of the above petition; and that the statements made therein are true, and that each signature appearing Sec. 9.05. Examination and certification of thereto was made in my presence on the petitions. day and date it purports to have been made, and that the same is the genuine Within twenty (20) days after a petition is signature of the person whose name it filed, the city secretary shall determine purports to be. whether such petition is signed by a sufficient number of registered voters, and whether it has a proper verification. After completing the examination of the petition, the city Sworn and subscribed to before me secretary shall certify the result to the council this day of , 20 . at its next regular meeting. If such petition is insufficient, the city secretary shall set forth in the certificate the particulars in which it is Notary Public in and for the State defective and shall notify the person who filed of Texas” it of the findings. (Adopted by electorate, (Adopted by electorate, 9-19-61; Am. Ord. 9-19-61; Am. Ord. 1361 passed 4-7-87) 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98) Sec. 9.06. Amendment of petition.

Sec. 9.04. Various papers constituting A petition may be amended at any time petition. within ten (10) days after the notice of insufficiency has been received, by filing a The petition may consist of one or more supplementary petition signed and filed as copies, or subscription lists, circulated provided in the case of an original petition. separately, and the signatures thereto may be The same procedures of examination and upon the paper or papers containing the form certification shall be followed by the city of petition, or upon other paper attached secretary as in the case of an original petition. thereto. Verifications provided for in Sec. The findings of the insufficiency of a petition 9.03 may be made by one or more petitioners, shall not prejudice the filing of a new petition and the several parts of copies of the petition for the same purpose. may be filed by different persons; but no (Adopted by electorate, 9-19-61; Am. Ord. signatures to such petition shall remain 1361 passed 4-7-87) effective or be counted which were placed thereon more than forty-five (45) days prior to the filing of such petition with the city

Carrollton City Charter Page 32 As amended May 15, 2004

Sec. 9.07. Public hearing to be held. “Yes” “No” The officer whose removal is sought may, (Adopted by electorate, 9-19-61; Am. Ord. within five (5) days after such recall petition 1361 passed 4-7-87) has been presented to the council, request that a public hearing be held. In this event, the council shall order such public hearing to be Sec. 9.10. Result of recall election. held, not less than five (5) days nor more than fifteen (15) days after receiving such request If a majority of the votes cast at a recall for a public hearing. election shall be “No” (against the recall of (Adopted by electorate, 9-19-61; Am. Ord. the person named on the ballot) the person 1361 passed 4-7-87; Am. Ord. 2364 passed 8- shall continue in office for the remainder of 11-98) the unexpired term, subject to recall as before. If a majority of the votes cast at such an election be “Yes” (for the recall of the person Sec. 9.08. Election to be called. named on the ballot) the person shall, regardless of any technical defects in the If the officer whose removal is sought recall petition, be deemed removed from does not resign, then it shall become the duty office and the vacancy be filled as vacancies of the council to order an election and set a in the council are filled, as provided in this date for holding such recall election, the date Charter for filling vacancies in the council. of which election shall be not less than (Adopted by electorate, 9-19-61; Am. Ord. twenty-five (25) nor more than thirty-five 1361 passed 4-7-87) (35) days from the date such petition was presented to the council, or from the date of the public hearing if one was held. Sec. 9.11. Restrictions upon recall. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87) No recall petition shall be filed against any officer of the city within three (3) months after an election for such officer's recall, nor Sec. 9.09. Ballots in recall election. within six (6) months before the expiration of his/her elected term. Ballots used at recall elections shall (Adopted by electorate, 9-19-61; Am. Ord. conform to the following requirements: 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98) (1) With respect to each person whose removal is sought, the question submitted shall be: Sec. 9.12. General power of initiative.

“Shall be removed from Registered voters of the city may initiate the office of by recall?” legislation with the exception of ordinances or resolutions appropriating money, levying (2) Immediately below each such taxes, granting franchises and affecting question there shall be printed the zoning, by submitting a petition addressed to following words, one above the other, the council which requests the submission of in the order indicated: a proposed ordinance or resolution to a vote

Carrollton City Charter Page 33 As amended May 15, 2004

of the registered voters of the city. Said (500), whichever is greater, and each copy of petition must be signed by registered voters of the petition shall have attached to it a copy of the city equal in number to thirty percent the referred ordinance or resolution. Said (30%) of the number of votes cast at the last petition shall be signed, verified, filed, regular municipal election of the city, or five examined, certified, and amended in the hundred (500), whichever is greater, and each manner provided for recall petitions. The copy of the petition shall have attached to it a petition may consist of one (1) or more copies copy of the proposed legislation. The petition as permitted for recall petitions. Upon shall be signed, verified, filed, examined, presentation to it of the petition the council certified and amended in the manner provided shall immediately reconsider such ordinance for recall petitions. The petition may consist or resolution and, if it does not entirely repeal of one (1) or more copies as permitted for the same within a reasonable time not to recall petitions. Upon presentation to it of the exceed thirty (30) days after the receipt petition and draft of the proposed ordinance thereof, shall submit it to popular vote as or resolution, it shall become the duty of the provided in Section 9.12 of this Charter. council, within a reasonable time not to Pending the holding of such election, such exceed thirty (30) days after the receipt ordinance or resolution shall remain in effect. thereof, to pass and adopt such ordinance or (Adopted by electorate, 9-19-61; Am. Ord. resolution without alteration as to meaning or 1361 passed 4-7-87; Am. Ord. 2364 passed 8- effect in the opinion of the persons filing the 11-98) petition, or to call a special election, to be held at the next available uniform election date, at which the qualified voters of the City Sec. 9.14. Voluntary submission of of Carrollton shall vote on the question of legislation by the council. adopting or rejecting the proposed legislation. (Adopted by electorate, 9-19-61; Am. Ord. The council, upon its own motion and by 1361 passed 4-7-87; Am. Ord. 2364 passed 8- a majority vote of its members, may submit to 11-98) popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for Sec. 9.13. General Power of referendum. repeal any existing ordinance, resolution or measure, in the same manner and with the Registered voters of the City of Carrollton same force and effect as provided for may require that any ordinance or resolution, submission on petition. with the exception of ordinances or (Adopted by electorate, 9-19-61; Am. Ord. resolutions appropriating money, levying 1361 passed 4-7-87) taxes, granting franchises or affecting zoning, passed by the council be submitted to the voters of the city for approval or disapproval, Sec. 9.15. Form of ballots. by submitting a petition for this purpose within thirty (30) days after final passage of The ballots used when voting upon such said ordinance or resolution. Said petition proposed and referred ordinances, resolutions must be signed by registered voters of the city or measures, shall set forth their nature equal in number to thirty percent (30%) of the sufficiently to identify them and shall also set number of votes cast at the last regular forth upon separate lines the words: municipal election of the city, or five hundred

Carrollton City Charter Page 34 As amended May 15, 2004

“For the Ordinance” and at the same election are inconsistent, the “Against the Ordinance” or ordinance or resolution receiving the highest “For the Resolution” and number of votes shall prevail. (Adopted by “Against the Resolution” electorate, 9-19-61) (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87) Sec. 9.19. Ordinances passed by popular vote; repeal or amendment. Sec. 9.16. Publication of proposed and referred ordinances. No ordinance or resolution which may have been passed by the council upon a The city secretary shall publish at least petition or adopted by popular vote under the once in the official newspaper of the city the provisions of this article shall be repealed or proposed or referred ordinance or resolution amended, except by the council in response to within fifteen (15) days before the date of the a referendum petition or by submission as election, and shall give such other notices and provided in this Charter. do such other things relative to such election (Adopted by electorate, 9-19-61; Am. Ord. as are required in general municipal elections 1361 passed 4-7-87) or by the ordinance or resolution calling said election. (Adopted by electorate, 9-19-61; Am. Ord. Sec. 9.20. Further regulations by council. 1361 passed 4-7-87) The council may pass ordinances or resolutions providing other and further Sec. 9.17. Adoption or repeal of regulations for carrying out the provisions of ordinances. this article consistent herewith. (Adopted by electorate, 9-19-61; Am. Ord. If a majority of the qualified voters voting 1361 passed 4-7-87) on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order of the council. If a majority of the qualified voters voting on any referred ordinance or resolution or measure shall vote in opposition thereof, it shall thereupon, or at any time fixed therein, be repealed and of no force or effect. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87; Am. Ord. 2364 passed 8- 11-98)

Sec. 9.18. Inconsistent ordinances.

If the provisions of two (2) or more proposed ordinances or resolutions approved

Carrollton City Charter Page 35 As amended May 15, 2004

ARTICLE X. MISCELLANEOUS PROVISIONS

10.01. Personal financial interest 10.02. Discrimination prohibited 10.03. Tax and debt arrearages 10.04. Church and school property not exempt from special assessments 10.05. Notice of damage or injury required 10.06. City exempt from appeal bonds 10.07. Execution, garnishment and assignment 10.08. No lien on public property; contractors, etc., to notify city of claims 10.09. Bonds of city official, employee or department director 10.10. Nepotism 10.11. Disaster clause 10.12. When provisions take effect 10.13. Right to amend the Charter 10.14. Ordinances, rules and regulations validated 10.15. Severability clause

Sec. 10.01. Personal financial interest. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87) No officer or employee having a direct or indirect interest in any proposed or existing contract, purchase, work, sale or service to or Sec. 10.02. Discrimination prohibited. by the city shall vote or render a decision, or use his/her position, authority or influence in No person shall be appointed to or a manner that would result in his/her financial removed from, or in any way favored or betterment. The officer or employee shall discriminated against, with respect to any city make known that interest and shall refrain appointment, employment, contract or from voting upon or otherwise participating in privilege on account of race, sex, religion, his/her capacity as a city officer or employee national origin or political beliefs. in the making of such sale, contract or (Adopted by electorate, 9-19-61; Am. Ord. performance of such contract. 1361 passed 4-7-87)

No officer or employee shall accept any gift, except as may be allowed by law. Sec. 10.03. Tax and debt arrearages.

Any knowing and willful violation of this No money shall be paid by the city upon section shall constitute malfeasance in office, any claims, debt, demand or account to any and any officer or employee guilty thereof person, firm or corporation who is in arrears may be removed from office. Any violation to the city for taxes, assessment or other debt of this section, with the knowledge, expressed or obligation. The city shall be entitled to a or implied, of the person or corporation counterclaim and offset against any such debt, contracting with the city shall render the claim, demand or account in the amount of contract involved voidable by the city the taxes or other debt in arrears. No manager or council. assignment or transfer of such debt, claim,

Carrollton City Charter Page 36 As amended May 15, 2004

demand or account, after the said taxes or stating specifically in such notice, when, other debts are due, shall affect the right of where, and how the exact injury occurred and the city to offset. the full extent thereof, together with the amount of damages claimed or asserted. The No person who owes delinquent taxes, City of Carrollton shall never be liable for any paving assessments or any other delinquent claim for damage or injury to personal debt or obligation to the city shall be granted property unless the person whose personal any permit, license or privilege until the debt property has been injured or damaged, or or obligation has been discharged by someone in his/her behalf, shall file a claim in payment, or an arrangement satisfactory to writing with the city manager or the city the city manager has been made for the secretary within six (6) months after said payment of such debt or obligation. damage or injury has occurred, stating specifically when, where and how the injury This section does not apply to any person or damage occurred and he full extent thereof, with a bona fide dispute currently under claim and the amount of damage sustained. or litigation. (Adopted by electorate, 9-19-61; Am. Ord. The City of Carrollton shall never be 1361 passed 4-7-87) liable for any claim for damage or injury to real property caused by the negligent act or mission of its officers, servants, agents or Sec. 10.04. Church and school property employees, unless the person whose real not exempt from special assessments. property has been injured or damaged, or someone in his/her behalf, shall file a claim in No property of any kind, church, school writing with the city manager or city secretary or otherwise, in the City of Carrollton shall be within six (6) months after said damage or exempt from any of the special taxes and injury has occurred, stating specifically when, assessments authorized by this Charter for where and how the injury or damage local improvements, except as authorized by occurred, and the amount of damage claimed. the City Council. The City of Carrollton shall never be liable (Adopted by electorate, 9-19-61; Am. Ord. on account of any damage or injury to person 2364 passed 8-11-98) or to personal property arising from or occasioned by any defect in any public street, highway, alley, grounds or public work of the Sec. 10.05. Notice of damage or injury City of Carrollton unless the specific defect required. causing the damage or injury shall have been actually known to the city manager at least The City of Carrollton shall never be twenty-four (24) hours prior to the occurrence liable for any personal injury, whether of the injury or damage, or unless the resulting in death or not, unless the person attention of the city manager shall have been injured or someone in his/her behalf, or in the called thereto by a notice thereof in writing at event the injury results in death, the person or least twenty-four (24) hours prior to the persons who may have a cause of action occurrence of the injury or damage and under the law by reason of such death injury, proper diligence has not been exercised to shall file a notice in writing with the city rectify the defect. The notice herein required manager or city secretary within six (6) to be given to the city manager or the city months after the same has been received, secretary of the specific defect causing the

Carrollton City Charter Page 37 As amended May 15, 2004

damage or injury shall apply where the defect the city such assignment shall be absolutely arose from any omission of the city itself, void. (Adopted by electorate, 9-19-61) through its agents, servants or employees, or acts of third parties. Sec. 10.08. No lien on public property; No provision of this section shall ever be contractors, etc., to notify city of claims. so construed as to expand the ordinary liability of the city. No lien of any kind can ever exist against (Adopted by electorate, 9-19-61; Am. Ord. the public buildings, public halls, parks or 1361 passed 4-7-87) public works of the City of Carrollton. All subcontractors, materialmen, mechanics and laborers upon any public works of the City of Sec. 10.06. City exempt from appeal Carrollton are hereby required to notify the bonds. city of all claims they may have on account of such work against the city, and when such It shall not be necessary in any action, suit notice has been given, the city shall retain an or proceeding in which the City of Carrollton amount from any funds due the contractors, is a part [party] for any bond, undertaking or sufficient to satisfy all claims; provided that security to be executed in behalf of said city, such notice may be given at any time after but all such actions, suits, appeals or such indebtedness becomes due and before proceedings shall be conducted in the same final settlement; and provided, further, that no manner as if such bond, undertaking or contractor or subcontractor shall issue any security had been given, and said city shall be time checks on or on account of any public liable as if such obligation had been duly works of said city. given and executed. (Adopted by electorate, (Adopted by electorate, 9-19-61) 9-19-61)

Sec. 10.09. Bonds of city official, employee Sec. 10.07. Execution, garnishment and or department director. assignment. In addition to any bonding provisions The property, real and personal, belonging herein provided, the council may require any to said city shall not be liable to be sold or city official, department director or city appropriated under any writ of execution or employee, before entering upon such duties, cost bill, nor shall the funds belonging to said to execute a good and sufficient bond with a city, in the hands of any person, be liable to surety company doing business in the State of garnishment on account of any debt it may Texas, and approved by the council, as surety owe or funds it may have on hand due any thereon, said bond to be in such amount as the person, nor shall the city or any of its officers council may demand, payable to the City of or agents be required to answer to any writ of Carrollton, and conditioned for the faithful garnishment on any account whatsoever, nor performance of the duties of the office; shall said city be liable to the assignee of any premium of such bond to be paid by the city. wages of any officer, agent or employee of (Adopted by electorate, 9-19-61; Am. Ord. said city, whether earned or unearned, upon 1361 passed 4-7-87) any claim or account whatsoever, and as to

Carrollton City Charter Page 38 As amended May 15, 2004

Sec. 10.10. Nepotism. Charter shall be in effect from and after its approval by the electors of the city and the No person shall hereafter be appointed to entering of an official order upon the records an office or employed by the City of of the city by the governing body declaring Carrollton, who is related to any member of the same adopted. the council and city manager within the (Adopted by electorate, 9-19-61; Am. Ord. second degree of affinity or the third degree 1361 passed 4-7-87; Am. Ord. 2354 passed 8- of consanguinity. 11-98)

No person who is related to the head of a Sec. 10.13. Right to amend the Charter. department within the second degree of affinity or the third degree of consanguinity This Charter may be amended no more shall hereafter be employed in that same than once every two years as provided by the department. laws of the State of Texas. (Adopted by electorate, 9-19-61; Am. Ord. (Adopted by electorate, 9-19-61; Am. Ord. 1361 passed 4-7-87) 1361 passed 4-7-87)

Sec. 10.11. Disaster clause. Sec. 10.14. Ordinances, rules and regulations validated. In case of disaster when a legal quorum of elected council members cannot otherwise be All ordinances, resolutions, rules and assembled due to multiple deaths or injuries, regulations of the City of Carrollton the surviving member or members of the heretofore ordained, passed or enacted, that elected council, or highest surviving city are in force at the time this Charter becomes official, if no elected official remains, must effective, and which are not in conflict with within twenty-four (24) hours of such such Charter, shall remain in full force until disaster, request the county judges of Dallas altered, amended or repealed by the and Denton Counties to appoint a commission governing body of the city after such Charter of Carrollton citizens not in excess of five takes effect. members to act during the emergency and call (Adopted by electorate, 9-19-61; Am. Ord. a city election within fifteen (15) days of such 1361 passed 4-7-87) disaster for election of a required quorum, if for good reasons it is known a quorum of the Sec. 10.15. Severability clause. present council will never again meet. (Adopted by electorate, 9-19-61; Am. Ord. If any section or part of section of this 1361 passed 4-7-87; Am. Ord. 2364 passed 8- Charter shall be held invalid by a court of 11-98; Am. Ord. 2892 passed 5-25-04) competent jurisdiction, such holding shall not affect the remainder of this Charter nor the Sec. 10.12. When provisions take effect. context in which such section or part of section so held invalid may appear, except to For the purpose of nominating and the extent that an entire section or part of electing members of the council, the section may be inseparably connected in provisions of this Charter shall be in effect for meaning and effect with the section or part to the regular municipal election to be held in which such holding shall directly apply. 1999. Sections 2.12 and 2.13 shall take effect (Adopted by electorate, 9-19-61; Am. Ord. October 1, 1998. For all other purposes, this 1361 passed 4-7-87)

Carrollton City Charter Page 39 As amended May 15, 2004

CC MEETING: February 6, 2007

DATE: January 31, 2007

TO: Leonard Martin, City Manager

FROM: Ashley D. Mitchell, City Secretary

SUBJECT: Boards and Commissions Banquet

BACKGROUND: In November, Council instructed staff to obtain information regarding the annual banquet for Boards and Commission Members. Staff has received information regarding the location, dates, menu options and costs per that request.

FINANCIAL IMPLICATIONS: None

STAFF RECOMMENDATION/ACTION DESIRED: Staff requests feedback in response to the information provided. Staff will move forward per Councils requests.

CARROLLTON CITY COUNCIL REGULAR MEETING and WORKSESSION MINUTES

JANUARY 9, 2007

The City Council of the City of Carrollton, Texas convened in a Regular Meeting and Worksession on Tuesday, January 9, 2007, at 5:45 p.m. with the following members present: Mayor Becky Miller, Mayor Pro Tem Larry Williams, Councilmembers Tim Hayden, John Mahalik, Pat Malone, Matthew Marchant and Herb Weidinger. Also present were City Manager Leonard Martin, Assistant City Managers Beth Bormann, Marc Guy, Bob Scott, Director of Managed Competition Tom Guilfoy, Assistant to the City Manager Erin Kasal, City Attorney Clayton Hutchins and City Secretary Ashley Mitchell.

* * * * EXECUTIVE SESSION * * * *

3. Council convened in Executive Session at 5:45 p.m. pursuant to Texas Government Code:

• Section 551.071 for private consultation with the City Attorney to seek legal advice with respect to pending and contemplated litigation and including all matters on this agenda to which the City Attorney has a duty under the Texas Rules of Discipline and Professional conduct regarding confidential communication with the City Council, and. • Section 551.072 to discuss certain matters regarding real property • Section 551.074 to discuss personnel matters. • Section 551.087 to discuss Economic Development

4. Council recessed into Worksession at_5:53 p.m. to consider action, if any, on matters discussed in the Executive Session.

5. Briefing on the Quarterly Parks Department Meetings.

Scott Whitaker, Director of Parks and Recreation stated that this work session is to provide information about quarterly meetings conducted in Parks & Recreation. The entire department meets four times a year for approximately three hours for the purpose of emphasizing how business unit work plans and employee performance support council strategic goals, service to our citizens and operations of the entire city.

Quarterly meetings allow the leadership team to share information and open dialog with all employees at the same time. Additionally, employees receive (1) updates on city projects or initiatives, (2) comments and letters of appreciation from citizens or other internal customers who have praised their work, (3) safety and years of service awards, and (4) enjoy time together with fellow employees from each of the business units.

6. Briefing on Legislative Priorities.

Leonard Martin, City Manager stated that annually we establish legislative priorities which we follow in Washington and in Austin when the Texas Legislature is in session. A draft of issues has been developed as a starting point for discussion. A final draft will be developed base upon input received from the Mayor and City Council in the worksession. REGULAR MEETING & WORKSESSION MINUTES – JANUARY 9, 2007 PAGE 2

Legislation can either support or inhibit our ability to ensure long term sustainability. It is important that we monitor and provide input to legislators regarding the impact of proposed legislation in order to produce outcomes that will support sustainability initiatives.

7. Discuss Vacancies for Various Boards and Commissions.

Ashley Mitchell, City Secretary stated that the Council is being asked to review applications for Construction Advisory and Appeals Board, Historic Preservation Advisory Board and Parks and Recreation Board.

Once the nominations have been made, resolutions will be placed on the Consent agenda for formal action. Once approved, the applicant will be mailed notification of the status of their application. Copies of the appointees’ application will be forwarded to the respective staff liaison.

INVOCATION by Pastor Mike Johnson of Carrollton Church of the Nazarene.

PLEDGE OF ALLEGIANCE by Councilmember Hayden.

PUBLIC FORUM

8. Hearing of any citizen/visitor on items not listed on the regular meeting agenda. Citizens/visitors should complete an appearance card located on the table at the entrance to the City Council Chambers. Speakers must address their comments to the presiding officer rather than to individual Council members or staff; Stand at the podium, speak clearly into the microphone and state your name and address prior to beginning your remarks; Speakers will be allowed a maximum of 5 minutes for testimony; Speakers making personal, impertinent, profane or slanderous remarks may be removed from the room; Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations will not be permitted; No placards, banners or signs will be permitted in the Chambers or in any other room in which the council is meeting. In accordance with the State Open Meetings Act, the City Council is restricted from discussing or taking action on items not listed on the agenda. Action can only be taken at a future meeting.

Mr. Martin, 2230 Roundrock Dr., stated that he lives in a single family home neighborhood where the situation is that multiple families are living in single family homes. These neighbors are not taking care of their houses, inside and out. The neighborhood is deteriorating due to the neglect. He states that usually one family will buy a home and then rent out rooms to several people. Many times the garages are turned into rooms or lean-to’s are added to the homes. Another instance is that the parents will buy the home and then all the children and their families will live in the homes also. The concerned neighbors are worried about other business conducted out of these homes. People come and go at all hours of the night and disturb the neighborhood. They have talked to the police department and other officials. There hasn’t been anything done to make the other families abide by the rules. Mr. Martin and other neighbors are looking for suggestions as to a way to resolve the issues. He states that when the neighborhood sees 3 to 4 families living in one home and brings it to the city’s attention, nothing is done. He states that it seems that there are rules in place but no one in this neighborhood has to abide by them. These violations are making it hard for the home prices to stay up and the neighbors who care for their homes and abide by the rules, leave the neighborhood because they are tired of the violators. REGULAR MEETING & WORKSESSION MINUTES – JANUARY 9, 2007 PAGE 3

CONSENT AGENDA (*All items marked with a single asterisk are part of a Consent Agenda and require no deliberation by the Council. Each Council member has the prerogative of removing an item from this agenda so that it may be considered separately. Contracts and agreements are available in the City Secretary’s Office.)

Councilmember Williams moved approval of Consent Agenda Items No. 9-19. Second by Councilmember Mahalik. The vote was cast 6-0 in favor of the motion.

BIDS AND PURCHASES

*9. Consider approval of the purchase of Three Replacement Vehicles for the Leisure Services, IT and Water Replacement Departments through an Inter-local Agreement with Houston Galveston Area Council (HGAC) in an amount not to exceed $50,030.00.

*10. Consider approval of the purchase of Two Replacement Vehicles and Two Additional Vehicles for Golf Contractor EAGL Management Company through an Inter-local Agreement with Houston Galveston Area Council (HGAC) in an amount not to exceed $54,670.00.

*11. Consider approval of bid award for Reconstruction of McCoy Road From Jackson to Trinity Mills to Camino Construction, Inc. in an amount not to exceed $1,884,980.00.

*12. Consider approval of bid award for Reconstruction of Belt Line Road From Jackson Street to Maryland Street to Tiseo Paving Company in an amount not to exceed $3,149,412.00.

CONTRACTS AND AGREEMENTS

*13. Consider authorizing the City Manager to approve a Renewal of the Contract with Genuine Parts Company (NAPA) for Outsourcing of Warehouse Operations in an amount not to exceed $600,000.00.

*14. Consider authorizing the City Manager to approve a Renewal of the Contract with Dr. Loehr for Medical Testing and Physicals for the Police, Fire and Environmental Services Departments in an amount not to exceed $155,790.00.

ORDINANCES

*15. Consider an ordinance Authorizing the Sworn Positions and Classifications in the Police Department.

RESOLUTIONS

*16. Consider a resolution Supporting Legislation for Disclosure of Property Sales.

*17. Consider a resolution Authorizing the City Manager to Renew Contracts with Various Companies to Provide Benefit Coverage and Services to the City Health Benefits Program.

REGULAR MEETING & WORKSESSION MINUTES – JANUARY 9, 2007 PAGE 4 *18. Consider a resolution Authorizing the City Manager to Enter into an Interlocal Agreement with The Texas Building and Procurement Commission to Purchase Agenda Management Software from MuniAgenda Covered by the CISV Program.

OTHER BUSINESS

*19. Consider a Resolution Instructing Staff to Prepare a Service Plan and an Ordinance calling for Public Hearings on February 6, 2007 and February 13, 2007 for the proposed annexation of the Shops at Prestonwood property. The 5.158-acre site is located on the west side of Marsh Lane, north of Hebron Parkway.

PUBLIC HEARINGS - CONSENT AGENDA (Items listed under the “Public Hearing Consent Agenda” have received a unanimous recommendation for approval by the Planning & Zoning Commission, and the city has received no written opposition to the cases at the date of the posting of the agenda. However, any person is welcome to speak on any of these agenda items by completing a “Request to Speak” card prior to the meeting. Otherwise, the items will be considered without deliberation. Each Council member has the prerogative of removing an item from this agenda so that it may be considered separately.)

Councilmember Williams moved to close the public hearings 20 and 21 and Approve Case No. 12-06SUP4 Reassessment of SUP-335 and Case No. 12-06Z1 Park Villas at Raiford Road. Seconded by Councilmember Mahalik. The vote was cast 6-0.

*20. Hold a public hearing and consider an Ordinance Reassessing Special Use Permit 335 for Coffee #1. The approximately 2,900 square foot lease space is located at the southeast corner of Josey Lane and Frankford Road, and is zoned PD-21 for the (LR-2) Local Retail District with SUP-335. Case No. 12-06SUP4 Reassessment of SUP-335/City of Carrollton.

*21. Hold a public hearing and consider approval of an Ordinance Amending PD-5 for an Independent Living/Retirement Community with modified development standards. The 16.7-acre site is located on the south side of Raiford Road, east of Old Denton Road and is zoned PD-5 for the (LR-2) Local Retail District. Case No. 12-06Z1 Park Villas at Raiford Road/Chan Il Pak.

Mayor Miller adjourned the regular meeting and reconvened the Worksession at 7:59 p.m.

______Becky Miller, Mayor

ATTEST:

______Ashley D. Mitchell, City Secretary

CARROLLTON CITY COUNCIL REGULAR MEETING and WORKSESSION MINUTES

JANUARY 16, 2007

The City Council of the City of Carrollton, Texas convened in a Regular Meeting and Worksession on Tuesday, January 16, 2007, at 5:45 p.m. with the following members present: Mayor Becky Miller, Mayor Pro Tem Larry Williams, Councilmembers Tim Hayden, John Mahalik, Pat Malone, Matthew Marchant and Herb Weidinger. Also present were City Manager Leonard Martin, Assistant City Managers Beth Bormann, Marc Guy, Bob Scott, Director of Managed Competition Tom Guilfoy, Assistant to the City Manager Erin Kasal, City Attorney Clayton Hutchins and City Secretary Ashley Mitchell.

* * * * EXECUTIVE SESSION * * * *

5. Briefing on Proposed Rate Increases at Indian Creek Golf Course.

Brad Dutler, General Manager stated that in April 2005, the City Council approved an update to the fee ordinance to reflect the change from a fixed rate to a rate range at Indian Creek Golf Club. The purpose of establishing a range of fees was to provide maximum flexibility to respond to regional market conditions and enable EAGL to work within the range previously established by ordinance.

In June 2006, the City Council was informed of a rate increase to the Creek Course at Indian Creek. By approving this past increase, it has put green fees charged at the rate ceiling with respect to ordinance. Based on the preferences of golfers, the Creek Course continues to see more play than the Lakes Course, even after the recent price increase that went into effect on June 9th, 2006. Since that time, there is still higher demand for the Creek Course. With continued improvement in overall maintenance conditions of the golf course, increased demand for both golf courses, and the fact that the previous price increase did not have a dramatic impact on the number of rounds played, a rate increase on the Creek Course is being recommended. In order for a rate increase to take place, however, an update to the City ordinance will need to take effect.

The proposed rate increase on the Creek Course would go into effect April 1st, 2007. At this time, EAGL is asking for an increase in the rate ceiling of $10 across the board for all green fees charged on the Creek. This will allow for continued maximum flexibility to respond to regional market conditions and will also create the ability to charge a higher rate for the course when it would be deemed necessary to increase rates after April 1st, 2007.

For weekday play, the recommendation is to increase rates prior to 2:00pm to a rate of $40. This represents an increase of $5 over the current rate in place of $35. The 2 – 5 pm rate would change as well by $5, changing it from $25 to $30. The after 5 pm rate would also increase by $5 to $20. The Senior green fee would be increased proportionally by $3 and would now be $24. For residents of Carrollton, weekday green fees will also increase based on the rate change. The current resident discounts will remain in effect and are as follows: Open – 2:00pm 20%, 2:00 – 5:00pm, 15%, and after 5:00pm 10%. Prior to 2:00pm the new resident fee will be $32. Although this is an increase of $4.00 over the existing rate, it will only be an increase of $5 over the past 2 years, an increase of 14%; REGULAR MEETING & WORKSESSION MINUTES – JANUARY 16, 2007 PAGE 2 conversely, the regular rate has increased over the past two years by 33%. On weekend rounds, the recommendation again is to increase rates by $5 across the board. This will change the rate from $45 to $50 before 2:00pm. From 2 – 5 pm, the rate would go from $35 to $40, and the after 5:00pm would also increase by $5 to $20.

Again, the resident discount rate will again be increased based on the change in regular rates. From Open to 2:00, the new resident rate will be $40, 2:00 – 5:00 will now be $34, and the after 5:00 rate will be $18.

At this time, Indian Creek Golf Club management believes that an increase to the rate ceiling on the Creek Course by changing city ordinance will have a positive impact on both courses by increasing total revenue at the facility. The course will be able to respond to regional market conditions and is also in line with the recommendation from Sirius Golf Advisors in their last Quarterly Operation Review. Because of the success of the previous rate increases, it is recommended to continue with its pricing increase strategy in order to maximize utilization of both courses. Even with the changes in the rate structure to the Creek Course, it will still be priced very competitively with respect to its competition, and will also provide value in the Metroplex when compared to the top 10 public golf courses.

Based on FY 2006 numbers, green fee revenue would have been impacted positively at Indian Creek by $158,234. This represents a 9% growth over green fee revenue if the amount of rounds on the Creek remains the same in FY 2007. The expectation is for continued rounds growth on both golf courses which will impact this additional revenue even more.

Council supported the new fee schedule, and instructed staff to place an ordinance on the next council agenda.

6. Briefing on the Emergency Preparedness Plan.

Fire Chief John Murphy and Director of Managed Competition Tom Guilfoy stated that the purpose of this briefing is to provide an overview and update to the Mayor and City Council on the current state of the city’s emergency preparedness plans.

In the past several years there have been significant Emergency Preparedness developments in the DFW region and numerous upgrades have been made to the city’s Emergency Operations and Business Continuity Plans. In the event of an incident/disaster impacting Carrollton, city of Carrollton personnel in cooperation with other emergency preparedness and support agencies will initiate the city’s Emergency Operations Plan (EOP). The basic EOP and Annexes, (which are designed as “allhazards” response documents), outline the city’s approach to emergency operations and provides general guidance for emergency management activities and an overview of our methods of mitigation, preparedness, response and recovery.

The city has developed a high-level Business Continuity and Recovery Plan (BCRP) to guide the relocation and recovery of internal city operations during a significant emergency event, if necessary, and to fully restore city operations afterwards. The BCRP provides general guidance to the city’s senior staff.

REGULAR MEETING & WORKSESSION MINUTES – JANUARY 16, 2007 PAGE 3 Emergency preparedness is an important function of all levels of government intended to ensure public safety during any emergency event. The Emergency Operations Plan provides general guidance to the Mayor and other elected officials, the emergency management staff, department and agency heads and their senior staff members, leaders of local volunteer organizations that support emergency operations and others who may participate in our mitigation, preparedness response, and recovery efforts.

7. Discuss Appointment of Finance/Audit Committee Member.

The resignation of council member Ron Branson created a vacancy on the three-member Finance/Audit Committee. With all council positions now filled, a new council representative should be named.

Council appointed Councilmember Weidinger to the Audit Finance Committee and Councilmember Simons to the Judicial Committee

8. Discuss Vacancies for Various Boards and Commissions.

Council is being asked to review applications for Traffic Advisory Board, Historic Preservation Advisory Board and Parks and Recreation Board. Once the nominations have been made, resolutions will be placed on the Consent agenda for formal action. Once approved, the applicant will be mailed notification of the status of their application. Copies of the appointees’ application will be forwarded to the respective staff liaison.

Council made the following recommendations:

Transportation Advisory Committee – Alana Constantine Historic Preservation Advisory Board – Barbara Warren Parks and Recreation Board – Ron Lee

3. Council convened in Executive Session at 6:36 p.m. pursuant to Texas Government Code:

• Section 551.071 for private consultation with the City Attorney to seek legal advice with respect to pending and contemplated litigation and including all matters on this agenda to which the City Attorney has a duty under the Texas Rules of Discipline and Professional conduct regarding confidential communication with the City Council, and. • Section 551.072 to discuss certain matters regarding real property • Section 551.074 to discuss personnel matters. • Section 551.087 to discuss Economic Development

4. Council recessed into Worksession at_7:04 p.m. to consider action, if any, on matters discussed in the Executive Session.

INVOCATION by Mayor Pro Tem Williams.

PLEDGE OF ALLEGIANCE by Councilmember Weidinger.

PRESENTATIONS REGULAR MEETING & WORKSESSION MINUTES – JANUARY 16, 2007 PAGE 4 9. Presentation of 30 Years of Service Pin to Apparatus Operator David Strawn.

PUBLIC FORUM

10. Hearing of any citizen/visitor on items not listed on the regular meeting agenda. Citizens/visitors should complete an appearance card located on the table at the entrance to the City Council Chambers. Speakers must address their comments to the presiding officer rather than to individual Council members or staff; Stand at the podium, speak clearly into the microphone and state your name and address prior to beginning your remarks; Speakers will be allowed a maximum of 5 minutes for testimony; Speakers making personal, impertinent, profane or slanderous remarks may be removed from the room; Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations will not be permitted; No placards, banners or signs will be permitted in the Chambers or in any other room in which the council is meeting. In accordance with the State Open Meetings Act, the City Council is restricted from discussing or taking action on items not listed on the agenda. Action can only be taken at a future meeting.

There were none.

CONSENT AGENDA (*All items marked with a single asterisk are part of a Consent Agenda and require no deliberation by the Council. Each Council member has the prerogative of removing an item from this agenda so that it may be considered separately. Contracts and agreements are available in the City Secretary’s Office.)

Councilmember Mahalik moved approval of Consent Agenda Item No. 11. Second by Councilmember Hayden. The vote was cast 6-0 in favor of the motion.

RESOLUTIONS

*11. Consider a resolution Appointing A Member to Construction Advisory & Appeals Board.

OTHER BUSINESS

12. Consider an Ordinance Canvassing the Returns of the January 9, 2007 Run-Off Election for Place 6.

Councilmember Marchant moved approval of an Ordinance Canvassing the Returns of the January 9, 2007 Run-Off Election for Place 6. Second by Mayor Pro Tem Williams. The vote was cast 6-0 in favor of the motion.

13. Administer the Oath of Office to elected Council member.

Denton County Commissioner Ron Marchant issued the oath of office.

Mayor Miller adjourned the regular meeting and reconvened the Worksession at 7:19 p.m.

______Becky Miller, Mayor ATTEST:

______Ashley D. Mitchell, City Secretary

CC MEETING: FEBRUARY 6, 2007

DATE: January 15, 2007

TO: Leonard Martin, City Manager

FROM: Vince Priolo, Purchasing Manager

SUBJECT: FIRE DEPARTMENT MOBILE TRAINING TRAILER

BACKGROUND: A sealed bid was issued for the purchase of a Fire Department Mobile Training Trailer. The Fire Safety Trailer will be utilized to provide a wide range of life safety programs to the community. Training will include fire prevention, home escape drills, cooking safety, and disaster preparedness. The Safety trailer will also be utilized for severe weather training teaching children and adults to recognize weather warnings and steps to follow to stay safe when disaster strikes. The trailer has the capability to be converted into a small mobile command center to enhance our emergency management needs.

Bids were advertised and received from two vendors who responded.

FINANCIAL IMPLICATIONS: The Fire Safety Trailer on Bid #07-004 will be purchased from budgeted funds for the cost centers and amounts as listed below.

COST CENTER LINE ITEM BUDGET AMOUNT FLEET REPLACEMENT FUND 68500 – VEHICLES & EQUIP. $ 35,000.00 PUBLIC EDUCATION FUND 21016 – DONATED FUNDS 12,281.00 TOTAL $ 47,281.00

Bid Results: Surrey Fire Safety House $47,281.00 Mobile Concepts by Scotty $59,650.00

RECOMMENDATION/ACTION DESIRED: Staff recommends approval to purchase a Fire Department Mobile Training Trailer from Surrey Fire Safety House in the amount of $47,281.00.

ATTACHMENTS: None

CC MEETING: FEBRUARY 6, 2007

DATE: February 1, 2007

TO: Leonard Martin, City Manager

FROM: Vince Priolo, Purchasing Manager

SUBJ.: BID AWARD FOR WATER TANK INSPECTIONS AND CLEANING (MULTI - CITY)

BACKGROUND: The service to be purchased from this price agreement will be used by our Public Works department for the inspection and cleaning (when necessary) of all of our elevated water storage tanks. The city of Carrollton Public Works and Purchasing departments coordinated a multi-city bid for this service with the intention of saving money through a collaborative effort. The cities that participated in this bid are Addison, Carrollton, Farmers Branch, and The Colony. Bids were advertised and received from three vendors of which all responded.

FINANCIAL IMPLICATIONS: The service on Bid # 07-002 will be purchased from budgeted funds for the cost centers and amounts as listed below: COST CENTER LINE ITEM BUDGET AMOUNT WATER PRODUCTION 61190 – PROFESSIONAL SERVICES $ 30,000.00

RECOMMENDATION/ACTION DESIRED: Staff recommends that the low bid meeting all specifications be awarded to U.S. Underwater Services as detailed on the attached tabulation sheet for an amount not to exceed $30,000.00. Historically, only one or two tanks are cleaned annually in Carrollton, so this is why the requested bid award approval for Carrollton is less than the total to clean all tanks. U.S. Underwater Services is the low bidder for Carrollton and also the lowest overall bidder for all four cities combined. It is my understanding that the other cities are also going to recommend to their City Councils the same vendor.

ATTACHMENTS: Tabulation Sheet

Bid 07-002 - Water Tank Inspection and Cleaning International Diving U.S. Underwater Advance Diving Services, LLC Services, LP Services City Location Insp. Cost Cleaning Insp. Cost Cleaning Insp. Cleaning Cost Cost Cost Cost Addison Celestial Pump Station $300.00 $4,600.00 $290.00 $4,400.00 Included $8,525.00 5510 Celestial Rd. Addison Surveyor Pump Station $300.00 $1,600.00 $290.00 $2,500.00 Included $3,100.00 15130 Surveyor Blvd. Addison 4905 Addison Circle $300.00 $1,400.00 $290.00 $1,650.00 Included $1,798.00 Carrollton 2150 Old Denton Rd. $300.00 $6,200.00 $290.00 $4,400.00 Included $7,750.00 Carrollton 2150 Old Denton Rd. $300.00 $6,200.00 $290.00 $4,400.00 Included $7,750.00 Carrollton 2415 Country Club $300.00 $4,300.00 $290.00 $2,850.00 Included $4,650.00 Carrollton 2415 Country Club $300.00 $6,000.00 $290.00 $4,200.00 Included $6,975.00 Carrollton 2415 Country Club $300.00 $1,000.00 $290.00 $1,200.00 Included $798.00 Carrollton 2415 Country Club $300.00 $1,000.00 $290.00 $1,200.00 Included $798.00 Carrollton 2415 Country Club $300.00 $1,200.00 $290.00 $1,650.00 Included $1,550.00 Carrollton 4750 North Josey Lane $300.00 $4,100.00 $290.00 $2,750.00 Included $4,650.00 Carrollton 2415 Country Club Dr. $300.00 $1,300.00 $290.00 $1,100.00 Included $1,798.00 Carrollton 2301 Josey Lane $300.00 $1,500.00 $290.00 $1,750.00 Included $3,596.00 Carrollton 2335 Marsh Lane $300.00 $2,000.00 $290.00 $1,850.00 Included $3,596.00 Carrollton 4044 Marsh Lane. $300.00 $2,700.00 $290.00 $1,900.00 Included $3,596.00 Carrollton 1154 Hebron Parkway $300.00 $2,700.00 $290.00 $1,900.00 Included $3,596.00 Carrollton 1420 Hutton Drive $300.00 $1,500.00 $290.00 $1,850.00 Included $3,596.00 F. Branch 14927 Marsh Lane. $300.00 $1,400.00 $290.00 $1,750.00 Included $1,798.00 F. Branch 14927 Marsh Lane. $300.00 $4,000.00 $290.00 $2,200.00 Included $4,650.00 F. Branch 14927 Marsh Lane. $300.00 $1,300.00 $290.00 $1,650.00 Included $2,325.00 F. Branch 2417 Wicker $300.00 $1,400.00 $290.00 $1,650.00 Included $1,550.00 F. Branch 2417 Wicker $300.00 $4,500.00 $290.00 $6,500.00 Included $3,200.00 F. Branch 3407 Valley View $300.00 $1,400.00 $290.00 $1,750.00 Included $1,550.00 F. Branch 3407 Valley View $300.00 $1,300.00 $290.00 $1,750.00 Included $1,550.00 F. Branch 14337 Gillis $300.00 $1,400.00 $290.00 $1,750.00 Included $1,798.00 F. Branch 3723 Valley View $300.00 $1,500.00 $290.00 $1,750.00 Included $1,798.00 F. Branch 13333 Davis $300.00 $2,000.00 $290.00 $1,850.00 Included $3,596.00 The 5033 Clover Valley $300.00 $1,000.00 $290.00 $1,600.00 Included $1,550.00 Colony The 5033 Clover Valley $300.00 $1,300.00 $290.00 $1,100.00 Included $1,798.00 Colony The 6012 Main $300.00 $1,000.00 $290.00 $1,600.00 Included $1,550.00 Colony The 6012 Main $300.00 $1,300.00 $290.00 $1,600.00 Included $1,550.00 Colony The 5572 North Colony Blvd $300.00 $1,500.00 $290.00 $1,650.00 Included $1,550.00 Colony The 5260 North Colony Blvd $300.00 $1,000.00 $290.00 $1,100.00 Included $1,798.00 Colony The 5704 Chesapeake $300.00 $1,400.00 $290.00 $1,650.00 Included $1,798.00 Colony The 4180 South Main $300.00 $2,500.00 $290.00 $1,900.00 Included $3,596.00 Colony The 4180 South Main $300.00 $2,500.00 $290.00 $1,900.00 Included $3,596.00 Colony $10,800.00 $83,000.00 $10,440.00 $78,250.00 $0.00 $110,723.00 $93,800.00 $88,690.00 $110,723.00

CC MEETING: FEBRUARY 6, 2007

DATE: January 31, 2007

TO: Leonard Martin, City Manager

FROM: Vince Priolo, Purchasing Manager Mark Randall, Fleet Manager

SUBJ.: BID AWARD FOR FOUR POLICE MOTORCYCLES

BACKGROUND: The equipment to be purchased will be used by the Police Department for Traffic Control. The new units will replace units 2182, 2183, 2184, 2185 which are all being retired. The bid requested a buy-back option from the vendors who responded to the bid so that staff can evaluate the best options. The city specified motorcycles made by Harley Davidson since Kawasaki has decided to discontinue the sale of public safety models, but bids from equivalent manufacturers was encouraged.

Bids were advertised and received from two vendors of which both responded.

FINANCIAL IMPLICATIONS: The equipment on Bid #07-009 will be purchased from budgeted funds for the cost centers and amounts as listed below:

COST CENTER LINE ITEM BUDGET AMOUNT FLEET REPLACEMENT 68500 – Mobile Equipment $ 44,000.00

RECOMMENDATION/ACTION DESIRED: Staff recommends that the low bids meeting all specifications be awarded to Southern Thunder Harley Davidson for a net amount not to exceed $27,412.00. This vendor submitted a proposal to buy back the retiring motorcycles above market value, so staff recommends accepting the purchase of the new motorcycles and the sale of the retiring motorcycles to this vendor. This proposal is viewed by staff as the “Best Value” for the city.

ATTACHMENTS: Tabulation sheet

07-009 Harley Davidson PURCHASE OR NEW MOTORCYCLES

Southern Thunder Harley-Davidson H-D of North Texas QTY DESCRIPTION UNIT BUY- TOTAL NET UNIT BUY-BACK TOTAL PRICE BACK PRICE PRICE PRICE PRICE PRICE PRICE 4 POLICE MOTORCYCLE No $16,858 $ 10,005 $67,432 $27,412 $15,745 Response $62,980

6-8 weeks within 90 days (avg. 45-60days)

CC MEETING: FEBRUARY 6, 2007

DATE: January 18, 2007

TO: Leonard Martin, City Manager

FROM: Vince Priolo, Purchasing Manager Mark Randall, Fleet Services Manager

SUBJECT: FLEET VEHICLE REPLACEMENT

BACKGROUND: Fleet Services is requesting the replacement of a construction dump truck assigned to the Water Replacement Department. The new vehicle is a 2007 International 7700 and is replacing an identical vehicle. This new vehicle will replace unit number 6508 which is being retired per Fleet’s policy on age/mileage. This vehicle will be purchased through our inter-local agreement with HGAC. The City executed an inter-local agreement with Houston Galveston Area Council (HGAC) and has been utilizing the services provided by HGAC regularly each year. Texas law authorizes this process so that the City can save the time of developing specifications and avoid the duplication of the competitive bidding process. HGAC meets all state of Texas bidding requirements.

FINANCIAL IMPLICATIONS: The vehicle will be purchased from budgeted funds for the cost center and amount as listed below.

COST CENTER LINE ITEM BUDGET AMOUNT UTILITY REPLACEMENT 68500 – Mobile Equipment $ $130,415

RECOMMENDATION/ACTION DESIRED: Staff recommends approval to purchase the vehicle listed above in the amount of $116,450 using our existing inter-local agreement with HGAC.

ATTACHMENTS: None

CC MEETING: FEBRUARY 06, 2007

DATE: January 8, 2007

TO: Leonard Martin, City Manager

FROM: Vince Priolo, Purchasing Manager Carl Shelton, Facilities Manager

SUBJECT: HVAC SYSTEMS REPLACEMENTS

BACKGROUND: Several of the HVAC systems located at the Central Service Center, Sandy Lake Service Center, Fire Station #5, and the Crosby Recreation Center have met or exceeded their life expectancy and should be replaced to minimize unscheduled down-time, improve indoor air quality, and reduce energy consumption. This request will cover the replacement of three (3) systems at Crosby Recreation Center, thirteen (13) heat pumps at the Central Service Center, two (2) indoor air handlers at Fire Station #5, and six (6) unitary split systems at the Sandy Lake Service Center. The systems in question are 15 to 21 years old and replacement is warranted. These HVAC systems will be purchased through our inter-local agreement with the Texas Cooperative Purchasing Network (TCPN). The City executed an inter-local agreement with the Texas Cooperative Purchasing Network (TCPN) in April, 2006. Texas law authorizes this process so that the City can save the time of developing specifications and avoid the duplication of the competitive bidding process.

FINANCIAL IMPLICATIONS: The HVAC equipment will be purchased from budgeted funds for the cost center and amount as listed below.

COST CENTER LINE ITEM BUDGET AMOUNT Facility Services (161001) R/M Bldg. Maint/Special Projects (63120) $ 188,582.00

RECOMMENDATION/ACTION DESIRED: Staff recommends approval to purchase the HVAC systems through our interlocal agreement with TCPN and utilizing Trane as the TCPN authorized vendor, in the amount of $188,582.00.

ATTACHMENTS: None

CC MEETING: FEBRUARY 6, 2007

DATE: January 29, 2007

TO: Leonard Martin, City Manager

FROM: Vince Priolo, Purchasing Manager Mark Randall, Fleet Services Manager

SUBJECT: FLEET VEHICLE REPLACEMENT – Purchase of Police Patrol Vehicle

BACKGROUND: Fleet Services is requesting the replacement of one patrol vehicle for the Police department. This is to replace a vehicle that was involved in a total loss collision in November 2006. The Police department intends to replace the wrecked Crown Victoria with a 2007 Chevrolet Tahoe Police Patrol Vehicle for the Patrol K-9 Unit. This vehicle is well suited for the K-9 Officers as they carry extra equipment. In addition to the kennel on board the vehicle, K-9 officers carry several pieces of equipment that are required for the dog as well as required equipment for Patrol Officers.

The replacement schedule for the new SUV will be extended from the normal two (2) year cycle to three (3) years. It is also anticipated that this vehicle will bring a better resale value than the Crown Victoria.

This vehicle will be purchased through our inter-local agreement with HGAC. The City executed an inter- local agreement with Houston Galveston Area Council (HGAC) and has been utilizing the services provided by HGAC regularly each year. Texas law authorizes this process so that the City can save the time of developing specifications and avoid the duplication of the competitive bidding process. HGAC meets all state of Texas bidding requirements. The total loss vehicle is in the process of being sold to the other party’s insurance company (State Farm) after which the proceeds will be returned to the Fleet Replacement Fund.

FINANCIAL IMPLICATIONS: The vehicle will be purchased from budgeted funds for the cost centers and amounts as listed below.

TYPE QTY REPLACES UNIT 2007 Chevrolet Tahoe PPV 1 2174

COST CENTER LINE ITEM BUDGET AMOUNT FLEET REPLACEMENT 68500 – Mobile Equipment $ 31,026 Police Operations Fleet Maintenance Fund 61600 - Vehicle Maintenance $ 5,100

RECOMMENDATION/ACTION DESIRED: Staff recommends approval to purchase the vehicle listed above in the amount of $36,126 using our existing inter-local agreement with HGAC.

ATTACHMENTS: None

CC M EETING: FEBRUARY 6, 2007

DATE: February 1, 2007

TO: Leonard Martin, City Manager

FROM: Philip Risley, Risk Manager

SUBJ: Award for Third Party Administrator

BACKGROUND: The city utilizes a third party administrator to handle workers’ compensation claims. The third party administrator (TPA) contract is for one year with two additional 1-year renewals. In December, a Request for Proposal (RFP) was sent to qualified third party administrators for their responses.

Proposals were received from ten vendors of which all responded. Risk Management staff evaluated the RFP responses. A summary of the proposer responses is attached.

FINANCIAL IMPLICATIONS: The vender I am recommending has provided a financial incentive for better loss prevention and a low claim volume. The annual fee will be a minimum of $36,000 and maximum of $41,500. The total estimated cost for the recommended three-year contract can range from $108,000 to $124,500. The contract will be clear that none of the annual fees for the 1 year terms is to exceed $41,500.

RECOMMENDATION/ACTION DESIRED: It is recommended by staff that the RFP award for third party administration services for workers’ compensation be approved as follows:

TriStar Year 1 - $41,500 max Year 2 - $41,500 max Year 3 - $41,500 max

Total: $124,500

ATTACHMENTS: Tabulation

Agenda – Third Party Administration – Worker’s Compensation Page 2

Proposer Tabulation

Proposals were evaluated and points awards on several factors. Points were weighted as 50% based on pricing and 50% based on other qualitative factors.

Texas Political AAG York Subdivisions Estimated Annual Price Year 1 $77,269 $48,650 $52,350 Year 2 $46,419 $48,650 $52,350 Year 3 $46,419 $48,650 $52,350 Total years 1 to 3 $170,107 $145,950 $157,050

Total Points Awarded 40 50 72 Abercrombie, Cambridge Hammerman & Gainer Simmons & Gillette Estimated Annual Price Year 1 $81,430 $75,250 $45,850 Year 2 $63,400 $57,850 $28,250 Year 3 $63,400 $57,850 $28,250 Total years 1 to 3 $208,230 $190,950 $102,350

Total Points Awarded 40 30 90 Tristar

Estimated Annual Price Year 1 $41,500 Year 2 $41,500 Year 3 $41,500 Total years 1 to 3 $124,500

Total Points Awarded 95

CC MEETING: FEBRUARY 6, 2007

DATE: January 22, 2007

TO: Leonard Martin, City Manager

FROM: Robert Kopp, Director of Public Works

SUBJECT: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) ______This agenda item seeks city council approval for the purchase of a SCADA upgrade package for the Public Works/Water Utilities Division.

BACKGROUND: Supervisory Control and Data Acquisition is utilized to monitor and operate the Public Drinking Water System and the Wastewater Collection System. The system operates and monitors satellite sites such as Pump Stations, Lift Stations and drinking water storage reservoirs utilizing the use of radio communication from a centralized location. The current Wonderware operating system is version 7.1 which was purchased in 2001. The upgrade versions are 9.5 which are more reliable with enhanced security features and improved reliability. The package will include four new monitoring stations which will ensure a redundancy system for better reliability. The new system will retrieve alarms faster and analyze alarms in a Pareto chart for faster response times. The updated version is more user friendly which will reduce the training time needed for new operators. The proposed system has enhancements in the monitoring tools, configuration settings, faster communication and an updated operating system which will operate the Public Drinking Water System and Wastewater Collection System more efficiently.

IMPACT ON COMMUNITY SUSTAINABILITY: The current condition of the SCADA operations systems presents an unreasonable risk of failure and disruption of service.

FINANCIAL IMPACT: Contractors were invited to submit proposals to complete the upgrade to the SCADA system. Funding is available within the Capital Projects Fund (SCADA-Security Upgrade 106930799).

STAFF RECOMMENDATION/ACTION DESIRED: Three contractors were contacted for proposals. Prime Controls submitted the lowest of the three bids at $45,200.00. Staff recommends ratification of the City Manager’s execution of the proposal with Prime Controls in the amount of $45,200.00

CC MEETING DATE: February 6, 2007 DATE: January 29, 2007 TO: Leonard A. Martin, City Manager FROM: Cesar J. Molina, Jr., P.E., Director of Engineering SUBJECT: WOODLAKE DREDGING BID AWARD

This contract is for the dredging and desilting of Woodlake.

BACKGROUND: Woodlake is approximately 17.6 acres in size and located along Furneaux Creek within the southeast quadrant of Josey Lane and Peter’s Colony. The lake has accumulated a large volume of silt over the past years, which has significantly reduced the lake’s storage capacity and caused detrimental effects to the lake’s aesthetics and aquatic life. If the silt continues to collect, it will ultimately be more of a marsh than a lake.

Proposition 5 (Parks and Leisure Projects) of the 2004 bond referendum included $2,250,000 for desilting the lake to prevent the formation of marsh conditions as well as minor park amenities including benches, picnic tables and a trail. This contract provides provisions for desilting and dredging of the lake. There will be a future contract for park amenities. The construction budget for the dredging portion of this project is $2,000,000.

The duration of construction is 270 days as bid by the contractor. The lake will be drained with care taken to remove and relocate any existing fish in the lake. Silt is planned to be dredged from the lake, placed in specific areas along Furneaux Creek to dry then aesthetically placed in five designated sites within the greenbelt. Approximately three feet of silt will be removed from the lake.

IMPACT ON COMMUNITY SUSTAINABILITY: This project will contribute to community sustainability by: • Sustaining quality of life – Improvements to the lake will improve aesthetics for the lake’s patrons, and provide a more stable flood control system along Furneaux Creek. • Sustaining day-to-day operations – The restoration of the lake will reduce the need for aquatic vegetation control.

FINANCIAL IMPLICATIONS Three (3) bids were received on January 19, 2007. These bids (A+B) ranged from a low bid of $1,938,750.00 to a high bid of $1,979,472.00 which reflects both base bid and construction time. RLB Contracting, Inc. submitted the lowest qualified bid of $1,668,750.00 for materials & labor (A) and 270 days construction time (B) for a total (A+B) amount of $1,938,750.00. They recently completed a similar dredging project for a lake in Plano with good results and they appear capable of completing this project within budget and the allotted time.

Funding is available in Fund 854360-105280399 (Woodlake Development). There is no incentive pay for completing this project before the contract time of 270 days.

RECOMMENDATIONS/ACTION DESIRED Staff recommends awarding the construction contract for the Woodlake Dredging to RLB Contracting, Inc. in the amount of $1,668,750.00.

Attachment A: Location Map Attachment B: Bidders List ATTACHMENT A

PROJECT LOCATION

WOODLAKE DREDGING

ENGINEERING DEPARTMENT ATTACHMENT B

BIDDERS LIST

PROJECT: Woodlake Dredging DATE: January 19, 2007

ESTIMATED COST: $2,000,000

BID AMOUNT BID AMOUNT CONTRACTOR DAYS TOTAL (A) (B) RLB Contracting, Inc. $1,668,750.00 270 $270,000 $1,938,750.00 Earth Builders $1,767,200.00 180 $180,000 $1,947,200.00 Shirley & Sons Const. $1,799,472.00 180 $180,000 $1,979,472.00

CC MEETING DATE: February 6, 2007 DATE: January 30, 2007 TO: Leonard A. Martin, City Manager FROM: Cesar J. Molina, Jr., P.E., Director of Engineering SUBJECT: NORTH TRANSMISSION WATER LINE, SEGMENT 4 BID AWARD

This agenda item requests authorization for the construction of Segment 4 of the water transmission line that is located at the Bobby Ballard Pump Station and the Elm Fork Water Treatment Plant.

BACKGROUND: The North Transmission Water Line project includes meter stations at the Elm Fork Water Treatment Plant and Bobby Ballard Pump Station and a 7-mile water transmission main between those two points in accordance with the 2001 Water Master Plan and Supplemental Report. The cities of The Colony and Lewisville are participating in the construction of these facilities so that they can convey water from the Elm Fork WTP to their cities so that additional lines do not have to be constructed through Carrollton in the future. In doing so, each city is responsible for their share of the construction cost which will be proportioned based on the cities’ maximum flow demand. The project was bid and will be constructed in four segments to make the contracts more manageable. Carrollton is responsible for about 36.65% of the total $20,316,463.72 construction cost which had an original estimate of about $13,000,000.

Segment 4 includes meter stations at the Elm Fork Water Treatment Plant and Bobby Ballard Pump Station and piping within these sites.

IMPACT ON COMMUNITY SUSTAINABILITY: This project will contribute to community sustainability by: • Sustaining quality of life – The new supply line will ensure that potable water is available for peak water demand periods.

FINANCIAL IMPLICATIONS: Three (3) bids were received on January 19, 2007 but one was found to be unbalanced and was rejected. An unbalanced bid is one where some of the bid items were extremely high, in this case, $1.5M was bid on a $600,000 item, and others extremely low, in this case too low to even purchase the equipment required for the work. It would be possible for the contractor to perform the overvalued work and abandon the project. The low bid was $2,239,688.77 submitted by S.J. Louis Construction and the high bid was $2,283,000.00. S.J. Louis was the low bidder on Segments 1 & 3 and Segment 4 work connects to each of these segments. They appear capable of completing this project within the allotted time and budget.

Carrollton’s share of the project is $1,846,938.23. The construction budget originally set up for Carrollton’s share of Segment 4 was $1,550,000. Lewisville’s share is $185,318.27, The Colony’s share is $185,318.27 and the Mustang Park developer’s share is $22,114.00. A portion of the funding for the Segment 4 project is available in the Consolidated Utility Fund Account while the rest will be available when bonds are sold later in the year.

RECOMMENDATIONS/ACTION DESIRED: Staff recommends award of the construction contract for the North Transmission Water Line, Segment 4 to S.J. Louis Construction in the amount of $2,239,688.77.

ATTACHMENTS: Attachment A: Location Map Attachment B: Bid Tabulation

ATTACHMENT A

NEW METER STATION

BOBBY BALLARD PUMP STATION

NEW METER EQUIPMENT ELM FORK TREATMENT PLANT

NORTH TRANSMISSION WATER LINE SEGMENT 4 ENGINEERING DEPARTMENT

ATTACHMENT B

BIDDERS LIST

PROJECT: North Transmission Water Line, Seg. 4 DATE: January 19, 2007

DAYS TO COMPLETE: 200 ESTIMATED COST: $1,760,000.00

CONTRACTOR BID AMOUNT

S.J. Louis Construction $2,239,688.77 Crescent Constructors $2,283,000.00

CC MEETING: February 6, 2007

DATE: January 19, 2007

TO: Leonard Martin, City Manager

FROM: Cesar J. Molina, Jr., PE, Director of Engineering

SUBJECT: ROSEMEADE AQUATIC FACILITY & THOMAS AQUATIC FACILITY RENOVATIONS CHANGE ORDER NUMBER 2 – VARIOUS ADDITIONS TO WORK

This agenda item is to seek City Council authorization to modify the construction contract and make various work additions at the Rosemeade and Thomas swimming pools. BACKGROUND: Council authorized a contract for renovations to the Thomas and Rosemeade Aquatic Facilities on August 15, 2006 in the amount of $2,297,155.00. Improvements to the Rosemeade facility include plumbing and machinery upgrades, shade structure replacement, diving platform removal, fencing and the addition of water features such as slides and play areas. Renovations at the Thomas facility include plumbing and machinery upgrades, shade structures and several safety enhancements. The contract provides for construction of both facilities. On October 3, 2006, Council further authorized a change order in the amount of $248,219 for the addition of a “lazy river” at the Rosemeade Pool. Upon draining all pools at the Rosemeade complex, the existing fiberglass linings of the existing training pool and diving well became separated from the structural walls of the pools. This was a result of normal use and not associated with the construction. It is recommended that this membrane be replaced by Texas Waterworks to take advantage of a qualified and bonded contractor already on the site. Similarly, it is recommended to repaint the entire Thomas pool under this contract rather than spot paint only the areas affected by construction. Both the membrane replacement and pool painting are maintenance items that the Parks Department would have eventually addressed in the near future. Upon purchase of the main water feature at Rosemeade, it was discovered that the specified manufacturer had filed for bankruptcy and product delivery was questionable. The designer, contractor and staff have researched the market and found an acceptable substitute that will provide an equal or greater level of quality and satisfaction. The new supplier is highly reputable and can ensure timely delivery of the product as a special order without impacting the opening date. During the course of work, several items are recommended to enhance operations and promote sustainability of each facility. Additions at the Rosemeade Pool include increasing the size of one shade structure to allow a more usable picnic area, addition of extra maintenance gates and utilization of a more durable material on the pumphouse. Additions at Thomas include addition of an extra maintenance gate, utilization of a more durable material on a screening wall and replacement of a badly deteriorated water valve. FINANCIAL IMPLICATIONS: Texas Waterworks has submitted a change order to construct all components of this additional work in the amount of $204,630.70 with no additional construction time. This, along with Change Order No. 1, increases the original construction contract from $2,297,155 to $2,750,004.70 or 19.7%, and maintains the total construction time to 235 days for a completion date of April 28, 2007. Funding for the pool membranes and paint in the amount of $104,145.95 will be provided under the Parks maintenance account. Funding for the remaining new construction items in the amount of $100,484.75 is available in the General Obligation Parks Bond Funds (Acct Unit 854360). IMPACT ON COMMUNITY SUSTAINABILITY: The elements added by this change order will contribute to community sustainability by sustaining quality of life through enhanced entertainment value, improved aquatic safety features, and reduced long term maintenance costs.

STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends authorizing the City Manager to approve Change Order #2 with Texas Waterworks to make various work additions at the Rosemeade Aquatic Facility and Thomas Aquatic Facility Projects and increase the total contract amount to $2,750,004.70.

ATTACHMENTS: Attachment A: Location Map

PROJECT LOCATION

Rosemeade Recreation Center

ENGINEERING DEPARTMENT

PROJECT LOCATION

Thomas Recreation Center

ENGINEERING DEPARTMENT

CC MEETING: February 6, 2007

DATE: January 29, 2007

TO: Leonard Martin, City Manager

FROM: Brad Dutler, General Manager – Indian Creek Golf Club Beth L. Bormann, Assistant City Manager

SUBJECT: INDIAN CREEK GOLF CLUB – FEE ORDINANCE

BACKGROUND:

During the council work session on January 16, 2007 Council received a briefing on the proposed rates for Indian Creek Golf Club. The following information was received during the work session briefing:

Based on the preferences of golfers, the Creek Course continues to see more play than the Lakes Course, even after the recent price increase that went into effect on June 9th, 2006. Since that time, there is still higher demand for the Creek Course. With continued improvement in overall maintenance conditions of the golf course, increased demand for both golf courses, and the fact that the previous price increase did not have a dramatic impact on the number of rounds played, a rate increase on the Creek Course is being recommended.

PROPOSED CREEK COURSE RATE CHANGES: The proposed rate increase on the Creek Course would go into effect April 1st, 2007. At this time, EAGL is asking for an increase in the rate ceiling of $10 across the board for all green fees charged on the Creek. This will allow for continued maximum flexibility to respond to regional market conditions and will also create the ability to charge a higher rate for the course when it would be deemed necessary to increase rates after April 1st, 2007. For weekday play, the recommendation is to increase rates prior to 2:00pm to a rate of $40. This represents an increase of $5 over the current rate in place of $35. The 2 – 5 pm rate would change as well by $5, changing it from $25 to $30. The after 5 pm rate would also increase by $5 to $20. The Senior green fee would be increased proportionally by $3 and would now be $24.

For residents of Carrollton, weekday green fees will also increase based on the rate change. The current resident discounts will remain in effect and are as follows: Open – 2:00pm 20%, 2:00 – 5:00pm, 15%, and after 5:00pm 10%. Prior to 2:00pm the new resident fee will be $32. Although this is an increase of $4.00 over the existing rate, it will only be an increase of $5 over the past 2 years, an increase of 14%; conversely, the regular rate has increased over the past two years by 33%.

On weekend rounds, the recommendation again is to increase rates by $5 across the board. This will change the rate from $45 to $50 before 2:00pm. From 2 – 5 pm, the rate would go from $35 to $40, and the after 5:00pm would also increase by $5 to $20.

Again, the resident discount rate will again be increased based on the change in regular rates. From Open to 2:00, the new resident rate will be $40, 2:00 – 5:00 will now be $34, and the after 5:00 rate will be $18.

Indian Creek Golf Club management believes that an increase to the rate range ceiling on the Creek Course will have a positive impact on both courses by increasing total revenue at the facility. The course will be able to respond to regional market conditions and is also in line with the recommendation from Sirius Golf Advisors in their last Quarterly Operation Review. Because of the success of the previous rate increases, it is recommended to continue with this pricing increase strategy in order to maximize utilization of both courses. Even with the changes in the rate structure to the Creek Course, it will still be priced very competitively with respect to its competition, based upon recent benchmarking, and will also provide value in the Metroplex when compared to the top 10 public golf courses.

FINANCIAL IMPLICATIONS: Based on FY 2006 numbers, green fee revenue would have been impacted positively at Indian Creek by $158,234. This represents a 9% growth over green fee revenue if the amount of rounds on the Creek remains the same in FY 2007. The expectation is for continued rounds growth on both golf courses which will impact this additional revenue even more.

STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends council adoption of the attached ordinance for rate increases at Indian Creek Golf Club. The new rate increases will become effective on April 1, 2007.

ATTACHMENTS: Indian Creek Golf Course Fee Ordinance

ORDINANCE NO. ______

ORDINANCE NO.______OF THE CITY OF CARROLLTON, TEXAS AMENDING CHAPTER 31: COMPREHENSIVE FEE SCHEDULE BY ADDING 31.01(Q) ESTABLISHING FEES FOR THE INDIAN CREEK GOLF COURSE AND PROVIDING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1

That Chapter 31: Comprehensive Fee Schedule be amended by adding 31.01(Q) Indian Creek Golf Course Rate Structure to read as follows:

(Q) Indian Creek Golf Course

Indian Creek Golf Club 2007 Rates Green Fees Creek Course Lakes Course Weekday (Monday - Thursday) Open - 2:00 $10 - $45 $10 - $35 2:00 - 5:00 $10 - $45 $10 - $35 After 5:00 $5 - $35 $5 - $25 9 Hole Rate (Monday - Thursday) $5 - $40 $5 - $30 Junior/Senior (Monday - Friday) $5 - $40 $5 - $30

Weekend (Friday - Sunday & Holidays) Open - 2:00 $10 - $55 $10 - $45 2:00 - 5:00 $10 - $55 $10 - $45 After 5:00 $5 - $35 $5 - $25

Resident Discounts Weekday 10% - 30% 10% - 30% Weekend 10% - 30% 10% - 30% Twilight 10% - 30% 10% - 30% Sr/Jr 10% - 30% 10% - 30%

Cart Fees Weekday & Weekend $5 - $20 $5 - $20 After 5:00 $5 - $20 $5 - $20

Range Fees Practice Bag $3 - $12 $3 - $12

Player Development Program Single $25 - $40 Per Month Couple $35 - $50 Per Month Family $45 - $80 Per Month

EAGL Card $50 - $200

Tournament & Special Events Weekday $10 - $75 $10 - $75 Weekend $10 - $75 $10 - $75

Clubhouse /Pavilion Rental $0 - $100 per hr.

HOLIDAYS: New Years Day, Martin L. King Day, Presidents Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving and Christmas Eve. RESIDENT DISCOUNT: A discount is provided to Carrollton residents with proof of residence. RESERVATION POLICY: Carrollton residents may reserve tee times 10 days in advance; general public may book tee times 7 days in advance.

SECTION 2

That Ordinance No. 1108 and No. 1853 adopting Rules, Regulations and Operating Procedures of the Indian Creek Golf Course shall remain in full force and effect save and except as amended herein.

SECTION 3

That save and except as amended by this ordinance, Title III of the Carrollton City Code shall remain in full force and effect.

SECTION 4

That all ordinances or parts of ordinances in conflict with this ordinance are specifically repealed.

SECTION 5

That the provisions of this ordinance are severable in accordance with Section 10.07 of the Carrollton City Code.

Ordinance No. ______

SECTION 6

That this ordinance shall become effective April 1, 2007.

SECTION 7

That this ordinance becomes effective from and after its passage as provided by law.

DULY PASSED AND APPROVED by the City Council of the City of Carrollton, Texas, this ______day of______, ______.

______Becky Miller, Mayor

ATTEST:

______Ashley D. Mitchell, City Secretary

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

______R. Clayton Hutchins, City Attorney Beth L. Bormann, Asst. City Manager

CC MEETING DATE: February 6, 2007 DATE: January 30, 2007 TO: Leonard Martin, City Manager FROM: Cesar J. Molina, Jr., P.E., Director of Engineering SUBJECT: ORDINANCE ADOPTING REVISED GENERAL DESIGN STANDARDS

This agenda item recommends adoption of revisions to the General Design Standards of the City of Carrollton.

BACKGROUND: The City of Carrollton General Design Standards were adopted by ordinance as minimum standards for all infrastructure. Staff reevaluates the General Design Standards annually to ensure the standards are current with today’s construction materials and design needs, support community sustainability, as well as a change to ensure compliance with a state mandate.

Among the changes proposed are: • Simplifying work hours, • Adding that contractors are responsible for repairing damage they cause to adjacent facilities, • Allowing flyash in concrete mixes, • Changing water meter boxes from galvanized metal to plastic, • Adding miscellaneous sanitary sewer requirements, • Rearranging Section 7, Median Beautification & Urban Design Standards, renaming it Urban Design Standards, and adding a part on TOD standards, • Changing the length of detectible warnings in barrier free ramps to two feet, • Changing the style of the traffic signal controller pad, • Adding a section of traffic sign installation.

IMPACT ON COMMUNITY SUSTAINABILITY: Staff is proposing these changes to the General Design Standards in an effort to improve the service life of infrastructure, reduce maintenance, and to incorporate new materials that are now available to help meet those needs.

FINANCIAL IMPLICATIONS: There are no financial implications to the city’s operating budget as a result of the adoption of the proposed amendments.

RECOMMENDATIONS/ACTION DESIRED: Staff recommends adoption of the General Design Standards as revised.

ATTACHMENTS: Attachment A: Ordinance ORDINANCE NO.

ORDINANCE NO. OF THE CITY OF CARROLLTON AMENDING CHAPTER 54 OF THE CARROLLTON CODE, AS AMENDED, OTHERWISE KNOWN AS THE GENERAL DESIGN STANDARDS; PROVIDING FOR A PENALTY OF $500.00 PER DAY; PROVIDING THAT NEITHER PLEADING NOR PROOF OF A CULPABLE MENTAL STATE IS REQUIRED FOR PROSECUTION UNDER CHAPTER 54; AND PROVIDING A SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the revised General Design Standards for the City of Carrollton were adopted by the City Council on February 7, 2006;

WHEREAS, various revisions of the General Design Standards are necessary to promote orderly development of the City;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF CARROLLTON, TEXAS:

SECTION 1

That the General Design Standards, “Standard Engineering/Construction Procedures”, Section 1, subsection C.11. is hereby amended and shall be read in its entirety as follows:

11. Storm Water Pollution Prevention Plans (SW3P): a. For sites disturbing 5 or more acres of land, an SW3P must be prepared and implemented before any land disturbance begins. The SW3P must be submitted to the City for review. In addition, a Notice of Intent (NOI) must be submitted to the Texas Commission on Environmental Quality (TCEQ) to obtain coverage under the TPDES Storm Water Permit for Construction Activities. TCEQ will also require the payment of permit fees. A copy of such NOI must be submitted to the City as proof of permit coverage. After construction has been completed and the site has achieved final stabilization and all temporary erosion and sediment controls have been removed, a Notice of Termination (NOT) must be submitted to TCEQ with a copy to the City.

b. If the area of disturbance is between 1 and 5 acres, an SW3P must be prepared and submitted to the City, but no NOI or fees are required by TCEQ; instead, a Construction Site Notice must be posted at the construction site, and copy of such Notice must be provided to the City.

c. If the area of disturbance is less than 1 acre, neither a plan nor a Notice are required, however, storm water pollution prevention measures must still be undertaken.

SECTION 2

That the General Design Standards, “Standard Engineering/Construction Procedures”, Section 1, subsection D.1. is hereby amended and shall be read in its entirety as follows:

a. Weekdays 6:00 a.m. to 8:00 p.m., Saturday 8:00 a.m. to 7:00 p.m.

SECTION 3

That the General Design Standards, “Standard Engineering/Construction Procedures”, Section 1, subsection D.9. is hereby added and shall be read in its entirety as follows:

9. If any contractor is responsible for any damage to pavement, sod, or any other items in the vicinity of a project he is constructing, he shall be responsible for repairing or replacing the damaged items.

1 SECTION 4

That the General Design Standards, “Paving Improvements”, Section 2, subsection D.3. is hereby amended and shall be read in its entirety as follows:

3. All concrete street paving design mixes shall have a minimum cement content of six (6) sacks per cubic yard. Flyash substitution of twenty (20) percent or less of cement content by weight may be approved on a specific project basis by the Director of Engineering if not specified in the project plans or contract. Concrete for all street surfaces constructed by handwork shall have a minimum cement content of six and one half (6-1/2) sacks per cubic yard. Concrete for sidewalks shall have a minimum cement content of five (5) sacks per cubic yard.

SECTION 5

That the General Design Standards, “Paving Improvements”, Section 2, subsection M.1. is hereby amended and shall be read in its entirety as follows:

M. Deceleration Lane Requirements 1. A right-turn deceleration lane at a private driveway will be required to be constructed for new developments and re-developments along major collector streets (C4U) or major arterial streets (A4D or larger), as designated on the Transportation Plan. For any other development, the need for a right-turn deceleration lane will be determined at the time of development.

SECTION 6

That the General Design Standards, “Water Improvements”, Section 4, subsection H.2.A. is hereby amended and shall be read in its entirety as follows:

2. Water Meters and Boxes: a. Water meter boxes shall be plastic with locking lids and shall be installed a clear distance of two (2) feet behind the curb and out of paved areas. All meter boxes shall be located within a R.O.W. or dedicated easement and within a protected area. See detail drawings for type and size requirements. The meter box shall be furnished and installed by the Contractor after the Paving Contractor has completed the fine grading back of the curb. (Meter Boxes shall be Types 34P, 59P or 5P as manufactured by East Jordan Iron Works, Inc. or equal.)

SECTION 7

That the General Design Standards, “Sanitary Sewer Improvements”, Section 5, subsection A.4. is hereby amended and shall be read in its entirety as follows:

B. Pipe Materials: 1. Polyvinyl Chloride (PVC) Pipe: a. Mains are to be a minimum eight (8) inches in diameter conforming to current ASTM designation D3034, SDR 35 or ASTM Designation F789 for 4 through 15 inch diameter and ASTM Designation F679 or ASTM Designation F794 for greater than 15 inch diameter. All SDR 35 PVC pipes shall be green in color. For lines that are 12-feet or deeper, SDR 26 PVC shall be used.

2 SECTION 8

That the General Design Standards, “Sanitary Sewer Improvements”, Section 5, subsection C.3.a. is hereby amended and shall be read in its entirety as follows:

3. Appurtenances a. All manholes shall contain an external manhole chimney seal as produced by Cretex Specialty Products, Infishield by Sealing Systems, Inc., or a Wrapidseal shrink-wrap external chimney seal, or equal; or an internal chimney seal by Flex Seal Utility Sealant by Sealing Systems, Inc., or equal.

SECTION 9

That the General Design Standards, “Sanitary Sewer Improvements”, Section 5, subsection F.3. is hereby added and shall be read in its entirety as follows:

F. Installation: 3. If temporary wye or tee connections are necessary during construction to keep existing lines in service, they shall either be removed or turned upright and vertical, capped and encased in concrete before acceptance.

SECTION 10

That the General Design Standards, “Right-of-Way and Easement Management”, Section 6, subsection I.3. is hereby amended and shall be read in its entirety as follows:

I. Concrete Streets, Driveways, and/or Drive Approaches: 3. Trench compaction and consolidation of the backfill materials shall meet NCTCOG Specification Item 6.2.9. Trenches shall be backfilled using the native material and compacted to 95 percent of maximum density as determined by ASTM D698 in six (6) inch lifts at optimum moisture content (to plus 4 percent above optimum moisture content) in areas influenced by vehicular traffic and in ten (10) inch lifts in areas not subjected to or influenced by vehicular traffic. Density tests shall be performed at the rate of one test per 300 LF per one foot of trench depth.

SECTION 11

That the General Design Standards, “Median Beautification and Urban Design Standards“, Section 7, is hereby retitled, “Urban Design Standards” and Part III is added and shall be read in its entirety as follows:

III. TRANSIT-ORIENTED DEVELOPMENT (TOD) AREA DESIGN STANDARDS

The current boundaries of the two existing districts intended for transit-oriented development in the City (around the DART Downtown Carrollton LRT Station and the DART Trinity Mills LRT Station) are shown in Figures 1 & 2 of this section. However, the standards set forth in this subsection shall apply to any area zoned for the (TC) Transit Center District without regard to whether they are in the boundaries shown in Figures 1 & 2.

These standards shall be in addition to any other design or construction standards of the City of Carrollton. If there is a direct conflict between the requirements of these standards and any other standards (e.g. dimension, material, etc.) then these standards shall apply. If there exists an irreconcilable conflict between these standards and any other design or construction standards of the City of Carrollton, the City Manager or his or her designee shall determine an appropriate standard which best fulfils the intent of this section.

3 A. INTENT

The intent of the TOD Area Standards is to promote the development and redevelopment of the areas around Carrollton’s DART LRT stations as walkable, urban, pedestrian- oriented areas. To that end, the needs and desires of pedestrians should be prioritized above the needs and desires of vehicular traffic.

These standards shall be a general guide. Specific construction details (dimensions, details, materials, etc.) may differ slightly where required as development occurs and construction drawings are created. Any such deviance from the standards set forth in this subsection shall be approved by the City Manager or his or her designee after review for and conformance with the intent and goals of this subsection.

B. STREET TYPES

Although all streets in TOD areas are intended to encourage pedestrian activity, development adjacent to the streets is not expected to be uniform. Some areas will develop primarily as residential areas (although retail and office uses may be interspersed), and others will develop primarily as retail or office areas (although residential uses may be interspersed). Thus, the character of the street itself may be different. For the purposes of this sub-section, streets may be classified as “Residential Character” or “Commercial Character” based on the expected primary uses of adjacent future development. These designations are in addition to and independent of the traffic function/volume designations (e.g. “A6D,” “C2U” etc.) established by the Transportation (or Thoroughfare) Plan.

“Commercial Character” streets are those designated in bold in Figures 3 & 4. All other streets shall be “Residential Character” streets.

Residential Character streets are characterized by extremely low traffic speeds, volumes and “throughput (defined here as traffic simply ‘passing through’ the area);” ubiquitous on-street parallel parking; a very low number of traffic lanes, narrower sidewalks reflecting lower pedestrian counts, and; more extensive streetside landscaping.

For the Downtown Carrollton area, “Residential Character” streets shall generally be:

• Any street between Belt Line Road and Crosby Road AND east of the DART LRT line (including Carroll Avenue and Myers Avenue). • Any street between Fourth Avenue and Crosby Road AND between IH-35E and the DART LRT line (including Fifth, Vandergriff and Roberts Avenue). • Any street between Belt Line Road and the “Cotton Belt” Railroad AND east of Jackson Street. • Any street between the “Cotton Belt” Railroad and Northside Drive AND east of Broadway Street EXCEPT Denton Drive.

Commercial Character streets are characterized by somewhat higher traffic speeds, volumes and “throughput;” less-ubiquitous (although still commonplace) on-street parallel (or frequently, angled) parking, slightly more traffic lanes, wider sidewalks reflecting higher pedestrian counts, and; greater use of hard (although attractive and decorative) surfaces instead of turf or groundcovers in streetside landscaping.

4 Commercial Character streets shall be those not listed as Residential Character streets, nor shown in Figures 3 & 4.

Exceptions to these street type designations shall be:

• Crosby Road • Belt Line Road • Dickerson Parkway • Interstate Highway 35E (and frontage roads) • President George Bush Turnpike (and frontage roads/Trinity Mills Road)

For the purpose of this subsection, “exceptions” shall mean only that the design speed, traffic lane number & width, curb return radii and presence of on-street parking shall not be governed by the provisions of this subsection.

C. STREET NETWORKS & BLOCKS

Compactness and density of development is intrinsically linked to pedestrian activity, which relies on a fine-grained, well-integrated and universally-connected network of streets. Therefore, a traditional street grid is mandatory for development in the TOD areas. Dead-end streets (including permanent cul-de-sacs) which do not allow for future extension and connection to other streets are prohibited.

Existing streets may be relocated and new streets created where appropriate to better create a more regular network or grid.

Block length shall be relatively short, with the ideal being approximately three hundred (300) feet. In no instance shall a block exceed four hundred (400) feet. Existing blocks may be maintained wherever appropriate to better create a more regular network or grid. Blocks shall be square or rectangular in shape wherever physically possible.

D. STREET DESIGN & DIMENSIONING

Street layout shall be based on a “modular” approach. Sidewalks, streetside landscaping, parking lanes, traffic lanes and medians shall be “assembled” from a standard “bin of parts” to create a whole street. Specific criteria and dimensions are listed in Table 1, below.

TABLE 1 Residential Character Commercial Character

Street Street Max Number, Traffic Lanes 2 4 Max Design Speed 25 MPH 30 MPH Max Traffic Lane Width 10 feet 11 feet Max Curb Return Radius 20 feet * 25 feet * Min Number, On-Street 2 2 Parking Lanes

5 Type of Parking Parallel Parallel or Angle Min Sidewalk Width 6 feet 6 feet Min Landscaping 6 feet 6 feet Strip Width Landscaping Strip Turf or Groundcover Special Paving Surface Material * Where a Residential Character street intersects with a Commercial Character or “Excepted” street or where a Commercial Character street intersects with an “Excepted” street, the curb return radius at the intersection shall be the larger of the two required distances.

E. UTILITY APPURTANCES

Above-ground traffic control boxes, utility risers and similar equipment and appurtenances shall not be placed within fifty (50) feet of an intersecting street. Such equipment and appurtenances are allowed when installed underground or in a closet or enclosed recess in the side of a building.

F. STREET LIGHTS

With the exception of Belt Line Road, street lights shall be installed in the “landscaping strip” in an alternating pattern, and 48 feet on-center. See Figures 8 & 9 for the general layout and dimensions.

Streetlights shall be of the following designs:

Downtown Carrollton TOD Area

ALONG BELT LINE ROAD Sternberg Lighting Company Base style 5200 “Barrington,” Pole style RT “roadway tapered ,” Arm/bracket style “CAS” (double arm/bracket), Luminaire style 1913 “Libertyville” (See Figure 5)

ALL OTHER STREETS TXU Electric Delivery decorative street light Base/pole style “American,” Luminaire style “Paragon.” (See Figure 6)

Trinity Mills TOD Area

ALL STREETS TXU Electric Delivery decorative street light Base/pole style “Philadelphia,” Luminaire style “Hanover.” (See Figure 7)

Exception to the above design may be approved by the City Manager or his designee.

6 G. STREETSIDE LANDSCAPING

Landscaping shall be installed between the back of curb and the sidewalk in the “landscaping strip.” Landscaping shall consist of street trees and turf or groundcover (along residential character streets), and street trees and special paving (along commercial character streets).

Street trees shall be a species found in Subsection I of this section and shall be approved by the City Manager or designee for appropriateness in a specific location. Street trees shall be planted in a regular pattern along the street, 24 feet on center. See Figures 8 & 9 for general layout and dimensions.

Tree grates shall be required for all trees. Tree grates shall be of the following designs:

Downtown Carrollton TOD Area Neenah Foundry Company Model R-8738-1 (from the Parkway Collection) Better: Model R-8730, modified to be 72” square (Other Creations)

Trinity Mills TOD Area Neenah Foundry Company Model R-8716 (from the Boulevard Collection)

Exception to the above design may be approved by the City Manager or his designee.

Special paving shall consist of brick pavers conforming to the design and installation requirements of Subection I C (Brick Pavers) of this Section, except that a concrete base shall not be used . See Figures 8 & 9 for general layout and dimensions.

H. CROSSWALKS

Crosswalks shall be paved with special paving in accordance with the requirements of Subsection I C (Brick Pavers) of this Section. See Figures 8 & 9 for general layout and dimensions.

7 FIGURE 1: DOWNTOWN CARROLLTON TOD AREA

8 FIGURE 2: TRINITY MILLS TOD AREA

9 FIGURE 3: DOWNTOWN CARROLLTON COMMERCIAL CHARACTER STREETS

10 FIGURE 4: TRINITY MILLS COMMERCIAL CHARACTER STREETS

11 FIGURE 5: BELT LINE ROAD STREET LIGHTS (Sternberg Lighting Company, Roselle, Illiniois)

12 FIGURE 6: DOWNTOWN CARROLLTON TOD AREA STREETLIGHTS (TXU Electric Delivery)

13 FIGURE 7: TRINITY MILLS TOD AREA STREETLIGHTS (TXU Electric Delivery)

14 FIGURE 8: RESIDENTIAL CHARACTER STREETS GENERAL DESIGN, LAYOUT AND DIMENSIONS

15 FIGURE 9: COMMERCIAL CHARACTER STREETS GENERAL DESIGN, LAYOUT AND DIMENSIONS

16 SECTION 12

That the General Design Standards, “Traffic Signals”, Section 11, subsection D. is hereby amended and shall be read in its entirety as follows:

D. Controller Pad Foundation: The pad foundation shall conform to the following requirements as shown in Detail M-14 and may only be altered with the approval of the Traffic Department.

1. Pad shall be concrete and be 6-feet by 6-feet by 4 to 6-inches thick (6’x 6’x 6”) with a 20-inch by 10-inch (20”x 10”) block out in the center of the pad. Concrete strength shall be 3,000 psi at 28 days with #3 rebar spaced at 18-inches on center.

2. The block out shall receive three 4-inch diameter Schedule 80 PVC conduits and one 1½” diameter Schedule 80 PVC conduit. The conduits shall extend 14-inches above the pad and cut at the same level. The area around the conduits shall be backfilled with pea gravel. The controller pad shall have one 5/8" x 8' copper clad ground rod sleeved in a one inch (1”) PVC conduit located as per the standard details.

3. The traffic signal controller base shall be comprised of a polymer material and shall be Armorcast part #A6001848X24TXDT or equal. The controller base is to be placed in the center of the pad over the block out and attached to the pad via drop in anchors or anchor bolts.

4. Expansion joints shall be used when tying into an existing sidewalk. Joint material shall be ½”-inch thick redwood for the full depth of the controller pad. The pad shall be doweled into the sidewalk with greased 24-inch long smooth ½” diameter steel bars with caps.

SECTION 13

That the General Design Standards, “Traffic Signals”, Section 11, subsection K. is hereby added and shall be read in its entirety as follows:

K. Traffic Sign installations shall comply with the 2006 Texas Manual on Uniform Traffic Control Devices (MUTCD) and meet the following requirements in the City of Carrollton:

1. Signs shall be mounted on a 2-inc, 12 gauge, square pole perforated with 7/16-inch holes on 1-inch centers on all four sides. The pole is to be 12 feet long and then cut to the proper length for installation as required by the MUTCD.

2. Poles are to be set in the ground to a minimum depth of 24 inches and set in concrete (sackcrete). Each pole shall be vertical and not leaning in any direction after concrete has set.

3. Each sign installed must follow the current MUTCD standards in regard to design and size. All signs shall be 0.080 gauge in thickness and coated with a high intensity sheeting or equivalent. Nothing less than high intensity will be accepted.

4. When installing signs in median tips that are concreted or in brick pavers, the sign post shall be sleeved. The sleeve shall consist of a 2¼-inch section concreted in place. A 2-inch piece shall be dropped into the 2¼-inch piece and secured in place with a 7/16-inch bolt. The post with the sign attached shall be a 1¾-inch, 14 gauge, square pole dropped into the 2-inch piece and secured with a 7/16-inch bolt.

SECTION 14

That the General Design Standards, Standard Construction Details, “Barrier Free Ramp Details”, Detail Sheet P-18, Sheets 1 - 6 are hereby replaced in their entirety by Exhibits A - F attached hereto and

17 incorporated herein. (The detectible warning is changed to be two feet long in accordance with TDLR criteria. This change will provide for a more uniform appearance for all future ramps.)

SECTION 15

That the General Design Standards, Standard Construction Details, “Pavement Marking Details”, Detail Sheet P-22, Sheets 1 - 5 are hereby replaced in their entirety by Exhibits G - K attached hereto and incorporated herein. (Pavement marking material type has been revised.)

SECTION 16

That the General Design Standards, Standard Construction Details, “Tree Planting Details”, Detail Sheet M-9, Sheet 2 of 2 is hereby added in its entirety by Exhibit L attached hereto and incorporated herein. (Adds a tree well and tree planter detail to the GDS.)

SECTION 17

That the General Design Standards, Standard Construction Details, “Signal Controller Foundation Details”, Detail Sheet M-14, Sheet 1 of 1 is hereby replaced in its entirety by Exhibit M attached hereto and incorporated herein. (Replaces current signal controller detail.)

SECTION 18

A. Any violation or failure to abide by, and comply with, any provision or requirement of this Ordinance shall be violation of City Ordinance, and shall be punished in accordance with § 10.99 of this Code.

B. Each day upon which there exists a violation of this Chapter, or a failure to abide by, or comply with, any provision or requirement of this Chapter, shall constitute a separate occurrence, and may subject the offender to separate criminal penalties.

C. Prosecution pursuant to this section is in addition to and does not supplant other remedies.

D. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this Chapter.

DULY PASSED AND APPROVED THIS 6th DAY OF FEBRUARY, 2007.

City of Carrollton

By: ______Becky Miller, Mayor ATTEST:

______Ashley D. Mitchell City Secretary

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

______R. Clayton Hutchins Cesar J. Molina, Jr., P.E. City Attorney Director of Engineering

18

CC MEETING: February 6, 2007

DATE: January 22, 2007

TO: Leonard A. Martin, City Manager

FROM: Ravi Shah, Director of Urban Development

SUBJECT: AMENDMENTS TO SPECIAL EVENT ORDINANCE

BACKGROUND: Special Events are defined as “Temporary activities that are abnormal to the specific site when needs of traffic, parking, restrooms, crowds, zoning and the like exceed the original design and intent of the site.” The proposed changes to the ordinance were compiled into a list of specifics and the reasoning behind the changes, which was included in a previous Council newsletter. Many of the changes are merely editorial, but some may have an impact on internal processes.

SIGNIFICANT CHANGES The primary change to the ordinance is to consolidate code requirements for all three event types, moving Parade requirements and Block Party requirements out of the traffic code into the Special Event section of the Code of Ordinances. Further clarification was added to separate small neighborhood processions from true parade permits, in order to reduce the number of instances where the Police Department would be obligated to provide officers. Advance submittal requirements were all clarified to reference business days instead of calendar days and the overall number of events allowed annually was increased to three per site and ten on the downtown square. References to departments have been updated and references to specific positions have been replaced with “City Manager or designee”.

FINANCIAL IMPLICATIONS: None. With the included amendment to the fee schedule, processing costs for parade and block party permits incurred by the Building Inspection department may be partially recovered.

IMPACT ON COMMUNITY SUSTAINABILITY: Additional flexibility will be provided to the downtown square and all local businesses with respect to their ability to hold additional special events to encourage business. Amended language will help the police department to better schedule officers in conjunction with special events, enhancing public safety.

STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval of the ordinance as attached.

ATTACHMENTS: Amended Ordinance

BUILDING INSPECTION [email protected]

1945 E. Jackson Road, Carrollton, Texas 75006 P.O. Box 110535, Carrollton, TX 75011-0535 Phone: 972/466-3225 Fax: 972/466-3220

ORDINANCE NO. ______

ORDINANCE NO. ______OF THE CITY OF CARROLLTON, AMENDING THE CODE OF ORDINANCES, CHAPTER 117 “SPECIAL EVENTS”, AND AMENDING SECTIONS 117.01 THROUGH 117.36, AMENDING CHAPTER 71 “TRAFFIC RULES”, AND DELETING SECTIONS 71.075 THROUGH 71.083 AND DELETING SECTIONS 71.95 THROUGH 71.101, TO REGULATE SPECIAL EVENTS, BLOCK PARTIES AND PARADES IN THE CITY OF CARROLLTON AND PROVIDING FOR A PENALTY, SEVERABILITY AND AN EFFECTIVE DATE.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

Section 1.

That Chapter 71, “Traffic Rules”, Sections 71.075 through 71.083 and Section 71.95 through 71.101 shall be deleted in its entirety.

Section 2.

That Chapter 117 “Special Events”, Sections 117.01 through 117.36 shall be amended to read in its entirety as follows:

GENERAL PROVISIONS

Sec. 117.01 PURPOSE.

The city recognizes that it is desirable to accommodate occasional temporary activities within the city. This chapter is intended to provide a mechanism to permit special events that are not specifically addressed in other code sections or ordinances. (Ord. 1859, passed 12-1-92)

Sec. 117.02 DEFINITION.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SPECIAL EVENTS. Temporary activities that are abnormal to the specific site when needs of traffic, parking, restrooms, crowds, zoning and the like exceed the original design and intent of the site. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92)

Sec. 117.03 EXCEPTIONS.

(A) This chapter does not apply to temporary activities occurring on property appropriately zoned to permit the activity. Because public parks are designed to accommodate certain activities, and such activities are regulated by a reservation process in the Parks department, this chapter does not apply to placement of tents, bounce houses, costumed characters, etc. that may be associated with private activities in public parks and have the approval of the Parks department. However, the downtown areas as herein defined shall not be exempted from permits. In the event that provisions contained in this chapter conflict with other ordinance provisions regulating temporary activities, the provisions contained in this chapter shall govern. (B) This chapter does not authorize the violation of any other provision of this code, specifically including, but not limited to Section 130.18 regarding noise offenses.

(Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92)

PERMITS

Sec. 117.10 PERMIT REQUIRED; FEE.

(A) It shall be unlawful for any person to conduct a special event without first having obtained a permit from the Building Inspection department and paying the prescribed fee.

(B) The fee for a special event permit is as set forth in Chapter 31 of this code.

(C) An administrative processing fee will be added to all Special Event, Parade and/or Block Party permits, as set forth in Section 31 of this code. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92) Penalty, see § 10.99

Sec. 117.11 APPLICATION FOR PERMIT;

A person seeking a special event permit shall file an application with the Building Inspection department upon forms provided by the city at least 10 business days before the date of the special event. (Ord. 1568; passed 8-1-89; Am. Ord. 1859, passed 12-1-92)

Sec. 117.12 SIGN PERMIT.

Temporary signs will be allowed without permits; however, all off-site signs must comply with city ordinances governing temporary signs. (Ord. 1568, passed 8-1-89; Am Ord. 1859, passed 12-1-92) Penalty, see 10.99

Sec. 117.13 SPECIAL USE PERMIT; INSURANCE INSPECTION REQUIRED.

Traveling circuses, carnivals, amusement rides and large entertainment events will be allowed on private property by a special use permit as regulated by the Comprehensive Zoning Ordinance even if in conjunction with a special event permit. Each amusement ride will provide the insurance and inspection certificate as required by the State Board of Insurance. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92)

Sec. 117.14 REVOCATION OF PERMIT.

At any time the City Manager or his designee may, after notice to the applicant, revoke the permit on a finding that the preparations for the event have not been carried out as stated in the application or the conditions imposed by the permit have not been met. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92)

REQUIREMENTS

Sec. 117.15 DURATION OF PERMIT; EXCEPTION.

(A) Special events are limited to three per calendar year for a site. The permit granted under the terms of this chapter shall not exceed a seven day period.

(1) Exception. The downtown area may have ten special events per calendar year. For the purposes of this section, DOWNTOWN AREA is more particularly described as the area having boundaries that prescribe a trapezoid formed by Belt Line Road, Missouri-Kansas Texas Railroad, Fifth Street and the IH- 35E northbound service road. Individual businesses, tenants and property owners in the downtown area may have special events as provided in this section, limited to the private property on which they are located. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92) Penalty, see § 10.99

Sec. 117.16 LOCATION.

Special events will be allowed only on property that is used for non-residential uses. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92)

Sec. 117.17 USE OF PUBLIC RIGHT-OF WAY PROHIBITED; EXCEPTIONS.

(A) Any use of the public right-of-way is prohibited.

(B) Exceptions.

(1) In conjunction with events located in the downtown area as described in § 117.15 (A) (1).

(2) Parades and Block Parties as regulated in this Section.

(3) (a) As approved by City Council after a public hearing. Only one event per site per calendar year shall be allowed on a public street designated by the Transportation Plan as Major Collector Undivided (C4U) or smaller. The following shall be provided by the applicant:

1. Written agreement to indemnify the city for claims of injury or damage supported by a policy of insurance naming the city as an additional named insured for $500,000 of general liability and automatic liability.

2. All costs for preparation, implementation and clean-up related to the event. 3. Traffic Impact Analysis which includes, at a minimum, the following: a. Alternate traffic routes and detours.

b. Parking plan.

c. Provision for alternate site access for adjacent property or permission of property owner and occupant to block access.

d. Expected vehicle volume for event and rerouted traffic.

e. Traffic-Control Officer scheduling

f. Duration and scheduling of event.

(b) The request will be processed by the Urban Development Department as a miscellaneous development case upon receipt of application and appropriate fees. The city shall mail notice to all property owners within 200 feet of the street area to be closed at least 15 days before the public hearing. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92) Penalty, see § 10.99

Sec. 117.18 OUTSIDE DISPLAY.

Outside display and activities currently prohibited by the zoning code will be allowed only for the duration of a Special Event. (Ord. 1568, passed 8-1-89; An, Ird, 1859, passed 12-1-92)

HEALTH AND SANITATION

Sec. 117.19 FOOD HANDLING.

A separate food permit is not required. Temporary food guidelines will be provided by the Environmental Services Department to the special event Permit holder. The permit holder, however, will distribute guidelines to each food vendor. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92) Penalty, see § 10.99

Sec. 117.20 SANITARY FACILITIES.

Adequate facilities as required by the Environmental Services Department shall be provided to accommodate the estimated attendance of the special event. (Ord. 1568, passed 8-1-89; Am. Ord. 1859, passed 12-1-92) Penalty, see § 10.99

PARADES

Sec. 117.21 DEFINITIONS.

For definitions applicable to this subchapter, see section 70.01.

Sec. 117.22 PERMIT REQUIRED; EXCEPTION.

(A) A person commits an offense if he/she knowingly organizes, engages in, participates in, aids or commences a parade upon the streets of the city without making written application for and receiving a parade permit from the City Manager or designee.

(B) Application for parade permits shall be made not less than 20 business days nor more than 60 business days prior to the date and time of the commencement of the parade.

(C) No parade permit shall be required for the following:

(1) The Armed Forces of the United States of America, the military forces of the state and the forces of the Police and Fire Departments acting within the scope of their duties.

(2) Funeral processions proceeding by vehicle by the most reasonable route from a funeral home, church or residence of a deceased to the place of service or place of interment.

(3) Sidewalk processions which observe and comply with traffic regulations and traffic control devices, utilizing that portion of a sidewalk nearest the street, but at no time more than one-half of the sidewalk. ('65 Code, § 20-162) (Ord. 1636, passed 7-3-90; Am. Ord. 2500, passed 4-25-00) Penalty, § 70.99

Sec. 117.23 APPLICATION FOR PERMIT.

(A) A nonrefundable permit fee as contained in section 31.01 shall be submitted with the application. In addition to the permit fee, the applicant will be responsible for all additional costs as determined by city staff for personnel and equipment of the Police, Fire and Public Works departments related to the specific event. See Section 117.21 (B) (5). Event planning guidelines are available from the Building Inspection department that include specific requirements for parades.

(B) The application for a parade permit shall contain the following information and be signed by the applicant (unless specifically listed, the city shall not be a sponsor):

(1) The name, address and telephone number of the applicant and of any other persons, organizations, firms or corporations on whose behalf the application is made.

(2) Date requested for the parade and the time of day requested.

(3) The parade's commencement time, the specific route to be traveled and the starting and termination points. Staging areas for the start of the parade and disassembly areas at the termination point must be designated and fully described. Applicant must sign a statement that all staging and disassembly areas on private or public property have been approved by the owner/management of the property. The name, address and phone numbers for the owner/manager authorizing the use of the property must be included in the application. This applies to public rights-of-way and property operated by the city, if applicable.

(4) The estimated number of persons to participate in the parade. Marching units or organizations shall require an individual count for each member. The total number of people shall be included.

(5) The applicant of a parade with more than 100 estimated participants, or more than 25 parade units, shall provide the final parade participation count at least seven days but no more than ten days before the date of the parade.

(6) The estimated number, if any, of animals without riders, animals with riders, animal-drawn vehicles, floats, motor vehicles, motorized displays.

(7) A signed statement ensuring that parade participants under the age of 11 will not be allowed to walk, march or ride any self-propelled vehicles in the parade on arterial streets as defined by the city thoroughfare plan.

(8) A signed statement ensuring that each marching unit or organization will only be allowed to conduct a maximum of one stationary performance at a specified and approved location during the parade route. The unit shall then continuously march along all other portions of the parade route.

(9) A signed statement that sponsors will ensure that assembly and disassembly of the parade will be directed and orderly so as not to block or interfere with traffic flow.

(10) A signed statement ensuring that the applicant will be responsible for the ground maintenance of the assembly and disassembly areas that occur in public rights-of-way as related to animal droppings. ('65 Code, § 20-163) (Ord. 1636, passed 7-3-90; Am. Ord. 2500, passed 4-25-00)

Sec. 117.24 ISSUANCE OF PERMIT.

(A) Upon receipt of an application for a parade permit, the City Manager or designee will normally furnish to the applicant, within ten business days, excluding Saturdays, Sundays and legal holidays, appropriate approval or denial of the permit. Approval or denial of the permit may be delayed if the applicant fails to give complete information, if the proposed route requires staff research, or if other aspects of the application require staff review that exceeds the normal process.

(B) Should the application for a parade permit reveal that the parade staging, parade route and parade disassembly requested will interfere with the orderly flow of vehicular or pedestrian traffic, the City Manager or designee shall have authority to establish a reasonable alternate route and to regulate the width and the duration of the parade. ('65 Code, § 20-164) (Ord. 1636, passed 7-3-90; Am. Ord. 1858, passed 12-1-92; Am. Ord. 2500, passed 4-25-00)

Sec. 117.25 DENIAL OF PERMIT.

The City Manager or designee shall deny a parade permit when:

(A) The applicant has failed to supply the information on the parade permit application required under § 117.23.

(B) The movement of the parade will conflict in time and location with another parade, a permit for which has been granted.

(C) The applicant has not paid the parade permit fee, or if applicable, the costs of police officers as required under this subchapter.

(D) The applicant refuses to amend the route or time to comply with § 117.24.

(E) The applicant refuses to sign a statement ensuring that parade participants under the age of 11 will not be allowed to walk, march or ride any self-propelled vehicles in the parade on arterial streets as defined by the City Thoroughfare Plan.

(F) The applicant refuses to sign a statement ensuring that each marching unit or organization will only be allowed to conduct a maximum of one stationary performance at a specified and approved location during the parade route.

(G) The applicant refuses to sign a statement ensuring that appropriate property owner/managers have authorized their property for use as staging and disassembly areas.

(H) The applicant refuses to sign a statement ensuring that the parade assembly and disassembly will be directed and orderly so as not to block or interfere with traffic flow.

(I) The applicant fails to apply 20 business days prior to the date and time of commencement of parade.

Sec. 117.26 REVOCATION OF PERMIT.

(A) The City Manager or designee shall revoke a parade permit when the information contained in the application for a parade permit is found to be inaccurate in any material detail.

(B) The City Manager or designee may revoke the parade permit if the parade fails to begin within 30 minutes of the appointed time of commencement.

(C) The City Manager or designee may revoke the parade permit if the applicant of a parade with more than 100 estimated participants, or more than 25 parade units does not provide the final parade participation count at least seven days before the date of the parade.

(D) The City Manager or designee may revoke the parade permit in the event of any depletion of police department resources.

Sec. 117.27 ROUTE PLAN.

Applications for a parade shall include a route to be so planned as not to pass through arterial intersections as defined in the City Thoroughfare Plan during the hours of 7:00 am to 9:00 am; 12:00 noon to 1:00 pm or 4:30 pm to 6:30pm on weekdays, except major holidays. Applicants shall be notified if this proposed route conflicts with this requirement.

Sec. 117.28 TRAFFIC CONTROL AND SECURITY TO BE PROVIDED.

(A) Sponsors of parades are required to provide and fund the cost of Police Officers for traffic control and security for each such event. The City Manager or designee will determine if officers are required and the number of officers required.

(B) The number of officers required for a parade will be affected by the parade route, nature of the event, date and time of the event. As a general rule, the number of officers will be determined upon the following basis:

(1) Small neighborhood processions of less than 30 minutes duration that are conducted on residential street that are not collector or arterial streets and do not cross major intersections or arterial streets may not require Police Officer assistance.

(2) Parades estimated to be of two hours or less duration, involving 100 or fewer persons and 25 or fewer parade units will require one or two Police Officers.

(3) Parades estimated to have additional participants up to 100 persons, or additional parade units up to 25 parade units, or longer duration up to one hour, will require one additional police officer.

(4) Additional police officers may be required to control major intersections, to address other traffic concerns, or to provide security along the parade route.

(5) Sponsors shall pay for the service of additional police officers prior to issuance of a permit.

(a) The applicant will be required to pay for the cost of the additional police officers at the prevailing hourly base overtime rate for a 5-year officer at a minimum of two hours overtime. When it is determined that four or more police officers are needed for a specific event, the applicant will be required to pay for the cost of an additional Police Sergeant at the prevailing hourly base overtime rate for a 5-year sergeant at a minimum of two hours overtime. One Police Sergeant will be required for each set of 8 Police Officers required for the event. When it is determined that two or more sergeants are needed for a specific event, the applicant will be required to pay the cost of a command rank police officer of the rank of Lieutenant at the prevailing hourly base overtime rate at a minimum of two hours. Payment for Police Officers must be made to the Building Inspection Department no later than two business days prior to the event.

(b) Permits requiring fees for additional police officers will be forwarded to the Police Department after the permits have been approved by all departments. These permits may be picked up at the Building Inspection Department once the appropriate fees are paid to the Police Department. (c) The applicant may be required to pay the cost of equipment determined by the Police Department, Fire Department or Public Works department needed to provide security, emergency medical services and/or traffic control for the event.

(d) If a parade is cancelled, additional payment for police officers and/or police, fire or traffic equipment will be refunded if the personnel are notified prior to reporting for the parade. Permit fees are non-refundable.

Sec. 117.29 INDEMNIFICATION.

An applicant for a parade permit must execute a written agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the parade. The applicant shall take all reasonable measures necessary to protect the parade participants.

NEIGHBORHOOD BLOCK PARTIES

Sec. 117.30 PERMIT REQUIRED; APPLICATION; PETITION.

All persons desiring a private residential street closure for the purpose of holding a block party shall file, not less than seven business days prior to the requested closure, with the City Manager or his designee, an application for a street closure permit and petition provided by the city, containing but not limited to the following information:

(A) Name, address and phone number of person(s) requesting and desiring the block party.

(B) Name and location of the residential street to be closed.

(C) The date and time for the street closure

(D) The petition shall contain the signatures of 75% of the adult residents of the street to be closed indicating their consent to the proposed street closure and agreeing to indemnify and hold the city harmless for any claims of injury or damage to persons or property, whether public or private, arising on account of the granting of the street closure permit. For purposes of computing the above percentage, each lot or property parcel shall have only one vote.

Sec. 117.31 ISSUANCE OF PERMIT; FEE.

Upon submission, validation and approval of the application for a street closure permit and payment of a fee as set forth in Chapter 31 of this code, the City Manager or designee shall issue a permit.

Sec. 117.32 DENIAL OF PERMIT; APPEAL.

The City Manager or designee may deny a street closure permit if in his opinion the closure of the street would cause extreme disruption of the delivery of city services or extreme hardship to the citizens. If a request for a permit is denied, the applicant may appeal to the City Manager within five days of the denial.

Sec. 117.33 RESTRICTIONS.

(A) Fire lane. The person receiving the permit shall ensure that a 12 foot wide lane along the entire length of the blocked portion of the street remains clear and unencumbered by tables, chairs or anything whatsoever in the interest of public safety.

(B) Fire hydrant. No obstructions shall be placed within 15 feet of a fire hydrant.

(C) Hours. Block parties must be held between the hours of 9:00am and 10:00pm.

(D) Area. The street closure shall not exceed one block.

Sec. 117.34 USE OF BARRICADES.

The City Manager or designee shall furnish and place barricades at the designated location at the appropriate time. The permittee shall maintain the barricades in place throughout the time of street closure and shall remove the barricades and contact the City Manager or designee to arrange for the return of the barricades.

Sec. 117.35 REVOCATION OF PERMIT.

Nothing in this subchapter shall prevent the City Manager or designee, the Chief of Police, or their designees from revoking a street closure permit at any time before or during the block party in the interest of the public safety, health or welfare of the community as a whole.

Sec. 117.36 INDEMNIFICATION.

An applicant for a block party permit must execute a written agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the block party. The applicant shall take all reasonable measures necessary to protect the block party participants.

Section 3.

That Chapter 31 “Comprehensive Fee Schedule”, Section 31.01 (b) (3) shall be amended as follows:

Sec. 31.01 ESTABLISHMENT OF FEES FOR CITY SERVICES

(3) Service fees: Add: Administrative Processing Fee $25.00

Section 4.

That a violation of the terms of this ordinance shall be a misdemeanor punishable in accordance with Section 10.99 of the Carrollton City Code, as amended.

Section 5.

That Chapter 117 of the Code of Ordinances, City of Carrollton, Texas, as amended, Chapter 71 of the Code of Ordinances, City of Carrollton, Texas, as amended, and Chapter 31 of the Code of Ordinances, City of Carrollton shall remain in full force and effect, save and except as amended by this ordinance.

Section 6.

That the terms and provisions of this ordinance are severable and are governed by Section 10.07 of the Carrollton City Code, as amended.

Section 7.

That this ordinance shall take effect immediately from and after its date of passage as permitted by law.

PASSED AND APPROVED THIS ______DAY OF ______, 2007

CITY OF CARROLLTON, TEXAS

By: ______Becky Miller, Mayor ATTEST:

______Ashley Mitchell, City Secretary

Approved as to form: Approved as to content:

______R. Clayton Hutchins, Brett L. King City Attorney Assistant Building Official

CC MEETING: February 6, 2007

DATE: January 30, 2007 TO: Leonard Martin, City Manager FROM: Ashley D. Mitchell, City Secretary

SUBJECT: APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

BACKGROUND: During the January 16th Worksession, Council nominated applicants for appointment to the Traffic Advisory Committee, Historical Preservation Committee and Parks and Recreation Boards. These appointments were to fill vacancies from the 2006 selection process. Council reviewed the applications received and made their nominations.

FINANCIAL IMPACT: None

STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval of the attached resolutions as written.

ATTACHMENTS: Resolutions

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS, APPOINTING MEMBERS TO SERVE ON THE HISTORIC PRESERVATION ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1

That the following are appointed to serve on the Historic Preservation Advisory Committee at the pleasure of the City Council for the term specified or from the date qualified to serve until their successors are appointed and qualified to serve.

Barbara Warren October 31, 2008

SECTION 2

That this resolution shall take effect immediately from and after its passage.

PASSED AND APPROVED this 6th day of February, 2007.

CITY OF CARROLLTON, TEXAS

______Becky Miller, Mayor

ATTEST: Approved as to form:

______Ashley D. Mitchell, City Secretary R. Clayton Hutchins, City Attorney

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS, APPOINTING MEMBERS TO SERVE ON THE PARKS & RECREATION BOARD; AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1

That the following are appointed to serve on the Parks & Recreation Board at the pleasure of the City Council for the term specified or from the date qualified to serve until their successors are appointed and qualified to serve.

Ron Lee October 31, 2008

SECTION 2

That this resolution shall take effect immediately from and after its passage.

PASSED AND APPROVED this 6th day of February, 2007.

CITY OF CARROLLTON, TEXAS

______Becky Miller, Mayor

ATTEST: Approved as to form:

______Ashley D. Mitchell, City Secretary R. Clayton Hutchins, City Attorney

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS, APPOINTING MEMBERS TO SERVE ON THE TRAFFIC ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1

That the following are appointed to serve on the Traffic Advisory Committee at the pleasure of the City Council for the term specified or from the date qualified to serve until their successors are appointed and qualified to serve.

Alana Constantine October 31, 2008

SECTION 2

That this resolution shall take effect immediately from and after its passage.

PASSED AND APPROVED this 6th day of February, 2007.

CITY OF CARROLLTON, TEXAS

______Becky Miller, Mayor

ATTEST: Approved as to form:

______Ashley D. Mitchell, City Secretary R. Clayton Hutchins, City Attorney

CC MEETING: FEBRUARY 6, 2007

DATE: January 17, 2007

TO: Leonard Martin, City Manager

FROM: Priscilla Robinson, City Treasurer

SUBJECT: INVESTMENT OFFICER’S ANNUAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 2006

BACKGROUND: The Public Funds Investment Act (Chapter 2256, Government Code) requires the Investment Officer to report to the Council once each year the investment transactions and strategy of the City during the preceding year. In compliance with this statute, on December 15, 2006 each councilmember received an Investment Officer’s Annual Report. The report will be discussed with the Audit/Finance Committee on February 6, 2007.

FINANCIAL IMPLICATIONS: None

STAFF RECOMMENDATION/ACTION DESIRED: Pass a resolution accepting the Investment Officer’s Annual Report for fiscal year ended September 30, 2006, as fulfillment of Chapter 2256, Government Code.

ATTACHMENTS: Resolution (Report available in City Secretary’s office)

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS, ACCEPTING THE INVESTMENT OFFICER’S ANNUAL REPORT AND INVESTMENT STRATEGIES FOR FISCAL YEAR ENDED SEPTEMBER 30, 2006 AND APPROVING SAID REPORT AS FULFILLMENT OF CHAPTER 2256, GOVERNMENT CODE, THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1

That the City of Carrollton hereby accepts the Investment Officer’s Annual Report for fiscal year ended September 30, 2006, attached as Exhibit A, and approves said report and strategies as a fulfillment of Chapter 2256, Government Code, the Public Funds Investment Act.

SECTION 2

That the City Manager is hereby authorized to take those steps reasonable and necessary to comply with the intent of this resolution.

SECTION 3

That this resolution shall take effect immediately from and after its passage.

DULY PASSED AND APPROVED by the City Council of the City of Carrollton, Texas this 6th day of February, 2007.

Becky Miller, Mayor

ATTEST:

Ashley D. Mitchell, City Secretary

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

R. Clayton Hutchins, City Attorney Priscilla Robinson, City Treasurer

CC MEETING: FEBRUARY 6, 2007

DATE: January 18, 2007

TO: Leonard Martin, City Manager

FROM: Priscilla Robinson, City Treasurer

SUBJECT: CITY’S INVESTMENT POLICY AND PORTFOLIO STRATEGIES

BACKGROUND: The City’s investment policy was last amended on February 7, 2006. The recommended changes for review by the Finance Committee at the February 6, 2007 meeting are:

1. Appendix A – Updated list of Primary Government Securities Dealers to reflect Federal Reserve Bank update of September 15, 2006.

2. Appendix A – List of Authorized Broker/Dealers Added RBS Greenwich Capital Added Lehman Brothers, Inc. Deleted First Tennessee Bank Deleted Goldman Sachs Deleted Wachovia Securities Financial Network Updated RBC Dain Rauscher name to be RBC Capital Markets

There were no changes made by the legislature to the Public Funds Investment Act.

FINANCIAL IMPLICATIONS: None

STAFF RECOMMENDATION/ACTION DESIRED: Pass a resolution accepting the amended investment policy and strategies as a fulfillment of the Public Funds Investment Act Section 2256.005(e) and repealing Resolution No. 2966.

ATTACHMENT: Resolution (Policy available in City Secretary’s office)

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY AND INVESTMENT STRATEGIES AND REPEALING RESOLUTION 2966; AND PROVIDING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1

That the City of Carrollton hereby adopts an amended investment policy and investment strategies, attached as Exhibit A.

SECTION 2

Resolution No. 2966 is hereby repealed.

SECTION 3

That the City Manager is hereby authorized to take those steps reasonable and necessary to comply with the intent of this resolution.

SECTION 4

That this resolution shall become effective immediately from and after its passage.

DULY PASSED AND APPROVED by the City Council of the City of Carrollton, Texas this 6th day of February, 2007.

Becky Miller, Mayor

ATTEST:

Ashley D. Mitchell, City Secretary

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

R. Clayton Hutchins, City Attorney Priscilla Robinson, City Treasurer

CC MEETING: FEBRUARY 6, 2007

DATE: January 19, 2007

TO: Leonard Martin, City Manager

FROM: John Murphy, Fire Chief

SUBJECT: BIOMEDICAL ON-LINE SUPERVISION INTERLOCAL AGREEMENT RENEWAL CONTRACT

BACKGROUND:

This agenda item is to enter into an interlocal agreement with the City of Dallas for the provision of biomedical communications. The BioTel System provides On-Line Supervision and medical control for our paramedics in the field via radio and telemetered patient data.

The BioTel System is staffed by Parkland Health & Hospital Systems physicians, paramedics, and registered nurses. Medical staffing shall be maintained twenty four hours a day, seven days a week, during the term of the contract. A physician will always be available to answer calls from the paramedics in the field.

FINANCIAL IMPLICATIONS:

Twelve surrounding cities participate in the BoiTel System on a per capita basis. Carrollton’s proportionate share for the period of October 1, 2006 thru September 30, 2008 is $45,035.00 per year, for a total not to exceed the amount of $90,070.00.

SUSTAINABILTY:

BioTel medical direction, from the medical staff at Parkland Memorial Hospital, ensures that our citizens and visitors are receiving the most advanced and up-to-date medical treatment possible from field paramedics. The BioTel Systems also conducts quality assurance audits of treatments delivered by our paramedics in order to continually monitor and improve the quality of service delivered.

STAFF RECOMMENDATION/ACTION DESIRED:

Staff recommends the City Council to authorize the City Manager to enter into an interlocal agreement with the City of Dallas for Biomedical Communications in an amount not to exceed $45,035.00 per year for two (2) consecutive years. These funds are available in the current Fire Department budget.

ATTACHMENTS:

Attachment A: Resolution RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS FOR REMOTE ANALYSIS OF HUMAN MEDICAL CONDITIONS. THE TERMS OF THIS AGREEMENT ARE FOR TWO (2) TWELVE (12) MONTH PERIOD OPTIONS BEGINNING EFFECTIVE OCTOBER 1, 2006 THRU SEPTEMBER 2008. EACH ANNUAL FEE IS IN THE AMOUNT NOT TO EXCEED $45,035.00. THIS RESOLUTION ALSO PROVIDES FOR AN EFFECTIVE DATE.

BE IT RESOLVED BY THE COUNCIL OF THE COUNCIL OF THE CITY CARROLLTON, TEXAS:

Section 1

That the City Manager is hereby authorized to enter into interlocal cooperation agreement with the City of Dallas for remote analysis of human medical conditions, in amount not to exceed $45,035.00.

Section 2

That the City Manager is authorized to take those steps reasonable and necessary to comply with the intent of this resolution.

Section 3

That this resolution shall take effect immediately from and after its passage.

PASSED AND APPROVED on the 6th day of February 2007.

City of Carrollton, Texas

By: Becky Miller, Mayor

Attest:

Ashley Mitchell City Secretary

Approved as to form: Approved as to content:

R. Clayton Hutchins John Murphy City Attorney Fire Chief

CC MEETING DATE: February 6, 2007 DATE: January 19, 2007 TO: Leonard Martin, City Manager FROM: Cesar J. Molina, Jr., P.E., Director of Engineering SUBJECT: NORTH TRANSMISSION WATER LINE UNION PACIFIC RAILROAD PIPELINE CROSSING AGREEMENT

The purpose of this agenda item is to consider authorizing the City Manager to enter into a Pipeline Crossing Agreement with the Union Pacific Railroad (UPRR) for crossing their right-of-way with the north transmission water main improvements to serve the northeast area of Carrollton.

BACKGROUND: As part of the North Transmission Water Line Improvements, the City will construct four 54-inch water main segments by boring under railroad tracks. Two of these locations are located within the Elm Fork Water Treatment Plant on Jackson Road and will become the City of Dallas’. The other two are located in Jackson Road and Crowley Drive and will be operated and maintained by the City of Carrollton. The water main is part of the project that will convey water from the EFWTP to the Bobby Ballard Pump Station on North Josey Lane that is being funded by the cities of Carrollton, Lewisville and The Colony. The pipeline crossing agreement with the UPRR will grant the City “permitted use” of the property area for the “permitted improvements” at this location.

LEGAL IMPLICATIONS: The Pipeline Crossing Agreement does not convey exclusive easement rights to the City and are subject to any use by the UPRR. Furthermore, these rights may be terminated by either party giving the other party written notice. Construction around these crossings is scheduled to start on February 12, 2007.

FINANCIAL IMPLICATIONS: The Pipeline Crossing Agreement will be executed by the UPRR for $9,254.00 and will be split between Carrollton, Lewisville and The Colony. Funding for this agreement is available in Account Unit 855150 (2002 Revenue Bond Projects) in the amount of $9,254.00.

RECOMMENDATION/ACTION DESIRED: Staff recommends approval of the attached Resolution authorizing the City Manager to enter into a Pipeline Crossing Agreement with the Union Pacific Railroad.

ATTACHMENTS: Attachment A: Location Map LOCATION MAP

PROJECT LOCATION

NORTH TRANSMISSION WATER LINE UNION PACIFIC RR PIPELINE CROSSING AGREEMENT ENGINEERING DEPARTMENT

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD (“UPRR”) REGARDING CONSTRUCTION OF A 54-INCH WATER MAIN FOR THE NORTH TRANSMISSION WATER MAIN; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Carrollton wishes to construct the North Transmission Water Main in Jackson Road from the Elm Fork Water Treatment Plant to Old Denton and Rosemeade and ultimately to the Bobby Ballard Pump Station;

WHEREAS, these improvements involve construction of a water pipe under four railroad tracks; two that are located within the Elm Fork Water Treatment Plant site, and two that are located outside the Plant, in Jackson Road, approximately 300’ east of Crowley Drive, and in Crowley Drive approximately 430’ west of Camp Avenue;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1:

That the City Manager is hereby authorized to enter into a Pipeline Crossing Agreement with the Union Pacific Railroad (UPRR) for construction, installation, operation and maintenance of water facilities (“permitted improvements”) under the railroad tracks located near the Elm Fork Water Treatment Plant.

SECTION 2:

That this resolution shall take effect immediately from and after its date of passage.

PASSED AND APPROVED February 6, 2007.

CITY OF CARROLLTON, TEXAS

By: Becky Miller, Mayor ATTEST:

Ashley D. Mitchell, City Secretary

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

R. Clayton Hutchins Cesar J. Molina, Jr., P.E. City Attorney Director of Engineering

CC MEETING: February 6, 2007

DATE: January 23, 2007 TO: Leonard Martin, City Manager FROM: Cesar J. Molina, P.E., Director of Engineering SUBJECT: ACQUIRING IMPROVED TRACT OF PROPERTY

This agenda item is to seek authorization to acquire for public purposes an improved tract of land at 1109 S. Main Street.

BACKGROUND: This is a strategic acquisition related to the City's transit oriented development initiative. It is located in the Urban Fringe area of Downtown Carrollton

Measuring approximately 7.75 acres this property is of a size and located such that it could be developed on its own or as an important part of a new development as identified by the Stainback Public/Private Real Estate analysis report on Transit Oriented Development and Land Acquisition in Carrollton.

FINANCIAL IMPACT: Funding is available in Lawson Unit 854102 /Activity 100610199 through the Transit Oriented Budget.

IMPACT ON COMMUNITY SUSTANIBILITY: By protecting the development in the Downtown Carrollton Urban Fringe the purchase of this property will insure substantial developments that are well-planned and well- financed.

STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends the approval of the attached Resolution authorizing the City Manager or his designee to acquire the tract of land as outlined in Attachment A.

ATTACHMENTS: Attachment A: Location Map Attachment B: Resolution & Location Map ATTACHMENT A

LOCATION MAP

1109 S. Main Street

Downtown Carrollton DART Station

Belt Line Rd

City Owned

1109 S Main

Crosby Rd Broadway St

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS DECLARING A PUBLIC NECESSITY, AUTHORIZING ACQUISITION OF ONE IMPROVED TRACT OF LAND OF APPROXIMATELY 7.75 ACRES AT 1109 S. MAIN STREET, CARROLLTON, TEXAS, FOR PUBLIC PURPOSES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council has determined that the acquisition of an improved tract of land for public purposes is necessary and in the best interests of the residents of the City of Carrollton; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1:

That the City Council of the City of Carrollton hereby authorizes the City Manager or his designee to acquire the designated property for public purposes.

SECTION 2:

That the City Council of the City of Carrollton hereby authorizes the City Manager, through his staff, to offer the owner fair market value as determined by an appraisal and market studies.

SECTION 3:

That this resolution shall take effect immediately from and after its passage.

PASSED AND APPROVED February ______, 2007.

CITY OF CARROLLTON, TEXAS

By: ______Becky Miller, Mayor

ATTEST:

______Ashley D. Mitchell, City Secretary

Approved as to form: Approved as to content:

______R. Clayton Hutchins, City Attorney Cesar J. Molina, P.E., Director of Engineering

LOCATION MAP

1109 S. MAIN STREET

Downtown Carrollton DART Station

Belt Line Rd

City Owned

1109 S Main

Crosby Rd Broadway St

CC MEETING: February 6, 2007 DATE: January 26, 2007 TO: Leonard Martin, City Manager FROM: Cesar J. Molina, P.E., Director of Engineering SUBJECT: DART Light Rail Station and Line Acquisitions - Northwest Corridor

This agenda item addresses the acquisition of property for the construction and operation of the DART Light Rail line through Carrollton.

BACKGROUND: This project involves the construction and operation of a light rail transportation line complete with three (3) station platforms to run from Dallas through Farmers Branch to the Frankford Road station as the northernmost Carrollton location. Dallas Area Rapid Transit (DART) was created to provide a regional public transportation system, and the acquisition of real property is a function fundamental to the provision of a public transportation system. DART will secure appraisals and offer just compensation for parcels and easements required for the Northwest Corridor through the City of Carrollton. Should the property owner decline the offer of just compensation and if no negotiated offer can be achieved, DART requests the permission of the City Council of Carrollton, to exercise the power of eminent domain for acquisition. If given permission by the municipality, DART has the authority to exercise eminent domain.

Each parcel required for the project and for which permission by the City Council to exercise the power of eminent domain has been reviewed and verified by Staff. Each parcel is identified and located on attachments to the Resolution. Parcels NW4-26, 28, 31, 32, 34, 58 and 63 are further described in DART Resolution 060093, a copy of which is maintained in the office of the Director of Engineering and Parcel NW4-65 which is described in DART Resolution 060146, also maintained in the office of the Director of Engineering.

FINANCIAL IMPACT: The City of Carrollton will have no financial impact as all purchase monies will come through DART.

IMPACT ON COMMUNITY SUSTAINABILITY: This project contributes to sustainability by promoting mass transit and associated transit oriented development.

STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends the acceptance of the attached resolution giving the approval of the City Council for DART to exercise its right of eminent domain in the acquisition of the properties described herein

ATTACHMENTS: Resolution Attachment A: Location Map Attachment B-1: Parcel Map for Downtown acquisitions with Key Attachment B-2: Parcel Map for Trinity Mills Station acquisitions with Key

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS APPROVING THE ACQUISITION BY DALLAS AREA RAPID TRANSIT (DART) BY FEE SIMPLE PURCHASE, EASEMENT PURCHASE OR THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN SPECIFIC PROPERTIES WITHIN THE CITY OF CARROLLTON AS HEREIN DESCRIBED FOR THE CONSTRUCTION OF THE DART LIGHT RAIL LINE AND PROVIDING AN EFFECTIVE DATE.

WHEREAS the City Council has determined that the construction of the DART Light Rail Line is necessary and in the best interest of the residents of the City of Carrollton;

WHEREAS the Dallas Area Rapid Transit has authority to acquire property with the approval of the City Council of the City of Carrollton;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1:

That the City Council of the City of Carrollton hereby approves the acquisition by DART of properties as described by attachment to this Resolution. They are: Parcels NW4-26, 28, 31, 32, 34, 58 and 63 that are further described in DART Resolution 060093, a copy of which is maintained in the office of the Director of Engineering and Parcel NW4-65 which is described in DART Resolution 060146, also maintained in the office of the Director of Engineering.

SECTION 2:

That the City Council of the City of Carrollton hereby authorizes DART to offer the owners fair market value as determined by market study of same.

SECTION 3:

That if negotiations fail, DART is authorized to cause eminent domain proceedings to be instituted in order to acquire the tracts of land.

SECTION 4:

That this resolution shall take effect immediately from and after its passage.

PASSED AND APPROVED February 6, 2007.

City of Carrollton, Texas

By: ______Becky Miller, Mayor ATTEST:

______Ashley D. Mitchell, City Secretary

Approved as to form: Approved as to content:

______R. Clayton Hutchins, City Attorney Cesar J. Molina, P.E. Director of Engineering

Attachment A: Location Map CITY OF CARROLLTON, TEXAS PROPOSED DART LRT STATION LOCATIONS

North Carrollton Station Frankford Rd

C e T n r te a r d D e r S t ( em IH m -3 o 5 n Dickerson Pkwy E) s Fw y Pres Geo Bush Tpk

Trinity Mills Old Denton Rd Station B ro Jackson Rd a d w a y S t

Sandy Lake Rd Keller Springs Rd

Downtown Carrollton Denton Dr Station Josey Ln Belt Line Rd

S ( I t Crosby Rd H e m - 3 m 5 E o n ) s

F w y

Valwood Pkwy DART Resolution 060093 NW4 - Downtown Carrollton Station Exhibit B-1

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Belt Line

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B DART Purchased Properties Exhibit B-1 Key

DART PROPERTY FOR STATIONS

Downtown Station

Parcel Address Taking #26 1001 N Denton Dr Fee Whole #28 1013 N Denton Dr Fee Whole #31 1006 N Denton Fee Whole #32 1007 N Main Fee Whole #33 1008 N Denton Dr Fee Whole #34 1100 N Denton Fee Whole DART Resolution 060146 NW4 - Trinity Mills Station

Exhibit B-2

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B ro a d w a y Exhibit B-2 Key

DART PROPERTY FOR STATIONS

Trinity Mills Station

Parcel Address Taking #58 2513 Blanton Fee Whole #63 2520 N Broadway Fee Whole 2516 & 2525 #65 Blanton Fee Whole

CC Meeting: February 6, 2007

DATE: January 24, 2007 TO: Leonard Martin, City Manager FROM: Cesar J. Molina, P.E., Director of Engineering SUBJECT: ACQUIRING PROPERTY FOR THE HUTTON TRAIL ______

This agenda item is to seek authorization to acquire for public purposes an unimproved tract of land and an improved tract of land located at the end of North Main Street for the future improvement of the Hutton Trail.

BACKGROUND: This is a strategic acquisition related to the City's transit oriented development initiative and the ongoing improvement of the Hutton Trail throughout the City.

This purchase consists of two parcels: one at 1399 Jackson Street is a small (625 square feet) parcel of unimproved property. The other, located at 1302 North Main Street, has a 3 bedroom house and 7,500 square feet of property.

FINANCIAL IMPACT: Funding is available in Lawson Unit 854102 /Activity 100610199 through the Transit Oriented Development Budget.

IMPACT ON COMMUNITY SUSTAINABILITY: The trail project is an ongoing sustainability project for the City. Since these properties are currently on the open market for sale this is a good opportunity to obtain land that will be needed in the near future.

STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends the approval of the attached Resolution authorizing the City Manager or his designee to acquire the tracts of land as outlined in Attachment A.

ATTACHMENTS: Attachment A: Location Map Attachment B: Resolution

ENGINEERING • 1945 E. Jackson Road • P.O. Box 110535 • Carrollton, Texas 75011-0535 • 972-466-3200 • 972-466-3193 ATTACHMENT A

LOCATION MAP

1399 Jackson Street & 1302 N. Main Street

N. M a i n

Hutton Branch

N RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF CARROLLTON, TEXAS DECLARING A PUBLIC NECESSITY; AUTHORIZING ACQUISITION OF TWO PARCELS OF LAND: 1399 JACKSON STREET AND 1302 NORTH MAIN STREET FOR TRAILS AND OTHER PUBLIC PURPOSES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council has determined that the acquisition of one unimproved parcel and one improved parcel of land for public purposes is necessary and in the best interests of the residents of the City of Carrollton; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARROLLTON, TEXAS:

SECTION 1:

That the City Council of the City of Carrollton hereby authorizes the City Manager or his designee to acquire 1399 Jackson and 1302 North Main for trails and other public purposes.

SECTION 2:

That the City Council of the City of Carrollton hereby authorizes the City Manager, through his staff, to offer the owner fair market value as determined by an appraisal and market studies.

SECTION 3:

That this resolution shall take effect immediately from and after its passage.

PASSED AND APPROVED February ______, 2007.

CITY OF CARROLLTON,TEXAS

By: ______Becky Miller, Mayor ATTEST:

______Ashley D. Mitchell, City Secretary

Approved as to form: Approved as to content:

______R. Clayton Hutchins, City Attorney Cesar J. Molina, P.E. Director of Engineering

ORDINANCE NO. ______PAGE 1 Case No. 01-07MD1

URBAN DEVELOPMENT DEVELOPMENT NAME: JAMP Management Group Tract (Shops at Prestonwood) City of Carrollton Annexation Date: 01/23/07

ORDINANCE NO. ______

ORDINANCE NUMBER ______OF THE CITY OF CARROLLTON, TEXAS ANNEXING 5.158 ACRES OF LAND LOCATED ON THE WEST SIDE OF MARSH LANE, NORTH OF HEBRON PARKWAY, HEREIN DESCRIBED TO THE CITY OF CARROLLTON, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE ON AND AFTER ADOPTION AND PUBLICATION.

WHEREAS, the charter of the City of Carrollton, Texas authorizes the annexation of territory subject to the laws of the state;

WHEREAS, a certain 5.158-acre tract of land, herein after described on Exhibit A, which is attached hereto and incorporated herein, lies within the extraterritorial jurisdiction of the City of Carrollton and is contiguous to the present city limits of the City of Carrollton;

WHEREAS, after development and presentation of a service plan for said territory and after holding public hearings and fulfilling all other requirements under the provisions of Chapter 43 of the TEX. LOCAL GOVT. CODE;

WHEREAS, the procedures prescribed by the charter and the state laws have been duly followed with respect to the said tract; and

WHEREAS, the members of the Council of the City of Carrollton have concluded that said area should be made a part of the City of Carrollton, Texas;

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CARROLLTON, TEXAS: