weatherford city council notice of meeting

Weatherford City Council NOTICE OF MEETING

Regular Session Agenda

Weatherford City Council 6:30 p.m. - Tuesday, April 13, 2010

Weatherford City Hall – City Council Chambers 303 Palo Pinto Street

Dennis Hooks Mayor James Hamilton Mayor Pro-Tem/Place 2 Jerry Clinton Place 1 Waymon Hamilton Place 3 Craig Swancy Place 4

Jerry Blaisdell City Manager Sharon Hayes Assistant City Manager Robert Hanna Assistant City Manager Ed Zellers City Attorney Laura Simonds City Secretary

In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford City Hall, distributed to the appropriate news media, and posted on the City website: www.weatherfordtx.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Weatherford website: www.weatherfordtx.gov All meetings of the Weatherford City Council are open to the public and public participation and written comments are invited on all open session business items.

The Mayor and Weatherford City Council request that all cell phones be turned off for the duration of the meeting.

The Weatherford City Hall is wheelchair accessible and special parking is available on the south side of the building. If special accommodations are required please contact the City Secretary a minimum of 24 hours in advance at 817-598-4202.

UNLESS OTHERWISE INDICATED, ACTION MAY BE TAKEN ON ANY OF THE FOLLOWING AGENDA ITEMS: CALL TO ORDER PROCLAMATIONS

• Volunteer Week • Telecommunications Week • Weatherford Citizen Police Academy Alumni Association

CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 1. MINUTES Pgs. 5-6

Consider approval of the minutes from the March 23, 2010 Regular City Council Meeting.

2. RS-041310-01 Pgs. 7-13

Consider adoption of Ordinance 478-2010-15, on final reading approving an application for a Final Plat for Westover Village Estates Phase IIA for property located at 940 JODIE DR City of Weatherford, Parker County, Texas.

Executive Summary The first reading of this Ordinance was unanimously approved at the March 9, 2010 City Council Meeting.

pg. 1

http://www.weatherfordtx.gov/�



3. RS-041310-02 Pgs. 14-18

Consider and/or act upon Lake Weatherford "C" Well No. 1H 42-6001384-001 granting written consent to pool 5.337 acres owned by the residents of Parker Point with 214.663 acres owned by the City.

Executive Summary Staff requests that City Council accept the recommendation by the Utility Board to allow 5.337 acres owned by residents of Parker Point to be pooled with 214.663 acres owned by the City to create a 220 acre pooled gas unit.

ACTION ITEMS

4. RS-041310-03 Pgs. 19-20

Accept letter of resignation for City Council Member James Hamilton. (Jerry Blaisdell)

Executive Summary A letter of resignation was received from City Council Member James Hamilton on March 23, 2010.

5.RS-041310-04 Pg. 21

Discuss and consider the appointments of Mayor Pro-Tem, North Central Texas Council of Government Emergency Preparedness Council Alternate and Historic Preservation Commission. (City Council)

6.RS-041310-05 Pgs. 22-27

Discuss and consider a request to assign the existing Marina Lease. (Sharon Hayes)

Executive Summary During the Utility Board October 17, 2003, the Board voted to approve a recommendation to the City Council regarding a new 20 year lease with an additional 20 year renewal, a 3% Gross Receipt Fees for the first 20 years and 5% Gross Receipt Fess on the renewed 20 years for the Marina Lease. According to the agreement, the Concessioner/Lessee may assign this contract and Agreement with the approval of the City, which approval will not be unreasonably withheld.

7.RS-041310-06 Pgs. 28-31

Discuss and consider approval of Ordinance 479-2010-16 for no parking on the north side of West Lee Avenue from South Alamo Street to Davis Street. (Terry Hughes)

Executive Summary A request for a no parking area on the north side of West Lee Avenue between South Alamo Street and Davis Street was received from the Weatherford Parks and Recreation Department in January. The request is a result of the increased usage of the newly remodeled Cherry Park venues.

8.RS-041310-07 Pgs. 32-37

Consider first reading of Ordinance 480-2010-17, approving a Zoning Change for property currently zoned AG Agricultural to be rezoned MF-1 Multi-Family Residential located at 2385 WHITE SETTLEMENT ROAD City of Weatherford, Parker County, Texas. (Don Stephens)

Executive Summary An application has been received wherein Weatherford Meadow Vista Apartments, L.P. is requesting approval of a Zoning Change for property currently zoned AG Agricultural to be rezoned MF-1 Multi-Family Residential located at 2385 White Settlement Road.

pg. 2


9.RS-041310-08 Pgs. 38-43

Consider first reading of Ordinance 481-2010-18, approving a Conditional Use Permit for Bed & Breakfast for property located at 212 WEST SIMMONS STREET City of Weatherford, Parker County, Texas. (Don Stephens)

Executive Summary An application has been received wherein Asa Baldwin is requesting approval of a Request for recommendation of approval of a Conditional Use Permit for Bed & Breakfast for property located at 212 WEST SIMMONS STREET.

10.RS-041310-09 Pgs. 44-56

Receive a report, hold a discussion and take action, on enacting Ordinance 482-2010-19, creating the North Side Neighborhood Empowerment Zone, and authorizing the City Manager to negotiate economic development agreements for the purposes and incentives outlined in the proposed Ordinance. (Robert Hanna)

Executive Summary The proposed Ordinance will allow the City of Weatherford to use a variety of economic tools and incentives to assist existing businesses and homeowners where appropriate, and to attract new businesses and the construction of new homes in the North Side area.

11. RS-041310-10

Pgs. 57-73 Receive a report, hold discussion and provide direction concerning trends that have developed since extended hours alcohol sales became effective. (Mike Manning)

Executive Summary In November 2008 a city ordinance passed to permit alcohol sales in Weatherford. Part of the ordinance allowed extended hours alcohol sales. This report is to bring attention to concerning trends that have developed since the ordinance passed.

12.RS-041310-11 Pg. 74

Discuss and consider authorization for the City Secretary to request a Special Election to fill the vacancy of City Council Place 2. (Jerry Blaisdell)

Executive Summary Our Municipal Charter requires that in the event of a vacancy, if at the time it first occurs, there remains more than six months until the next regular election, (since filing and posting requirements for the May 8, 2010 ballot have passed, the next regular election for the City of Weatherford is May 14, 2011), a special election shall be called at the earliest opportunity to elect a successor to fill the remainder of the unexpired term. If a Special Election is required to be held on a date other than a uniform election date, the municipality must request permission from the Governor.

13.RS-041310-12 Pgs. 75-79

Receive a report, hold a discussion and take action, or provide staff direction on amending the City of Weatherford Personnel Policy Manual by providing for a comprehensive wireless communications policy. (Robert Hanna)

Executive Summary The City of Weatherford made changes to how it handles and implements cellular phones and other wireless communication devices as part of the budget reductions adopted earlier this fiscal year. This policy proposal codifies those changes in the City of Weatherford’s Personnel Policy Manual and brings our written policy into compliance with recent court decisions regarding texting and driving.

pg. 3


14.RS-041310-13 Pg. 80

Discuss and consider suspending the furlough plan for the remainder of this Fiscal Year. (Jerry Blaisdell)

Executive Summary Due to the recent forecast of sales tax allocations for the City, Staff believes that, at this time, we can suspend the furlough plan for the remainder of Fiscal Year 2010 without budgetary impact.

15.

Nomination to the North Central Texas Council of Governments 2010-2011 Executive Board, and for the NCTCOG Annual Linda Keithley Award, the NCTCOG William J Pitstick Award, and for the NCTCOG Regional Cooperation Award.

CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address the Council regarding an item that is not listed on the agenda. Residents must provide their name and address. The Council requests that comments be limited to three (3) minutes. The Texas Open Meetings Act provides the following: (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a

subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) A statement of specific factual information given in response to the inquiry; or (2) A recitation of existing policy in response to the inquiry.

(b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting.

ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on ___________, 2010 at ______a.m./p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Weatherford website: www.weatherfordtx.gov . Laura Simonds, City Secretary______________________ Date Removed________

pg. 4


MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD March 23, 2010 The City Council of the City of Weatherford, Texas met in a Regular Session on Tuesday, March 23, 2010 at 6:30 p.m. in the City Hall Council Chambers, 303 Palo Pinto Street, Weatherford, Texas. Present were Mayor Dennis Hooks, Council Members Jerry Clinton, Craig Swancy and Waymon Hamilton. City Staff included: City Manager Jerry Blaisdell, Assistant City Manager Robert Hanna, Assistant City Manager Sharon Hayes, City Attorney Ed Zellers and City Secretary Laura Simonds. Mayor Hooks announced that Mayor Pro-Tem James Hamilton has resigned his position on the City Council effectively immediately. Mayor Hooks wished the Hamilton family the best of luck with their future in Washington D.C. Mayor Hooks announced a quorum was present. The meeting was called to order at 6:30 p.m. Chief Finance Officer Janina Jewell presented the February 2010 Monthly Financial Report. No action was taken or required on this item. CONSENT AGENDA The following item was removed from the consent agenda and will be presented at a later meeting. Consider adoption of Ordinance 478-2010-15, on final reading approving an application for a Final Plat for Westover Village Estates Phase IIA for property located at 940 JODIE DR City of Weatherford, Parker County, Texas. On the motion of Craig Swancy, second by Waymon Hamilton, the Council unanimously approved the minutes from the March 9, 2010 Regular City Council Meeting and the Special City Council Meeting held on March 12, 2010. The motion carried 4-0. ACTION ITEMS Consider and/or act upon acceptance of the annual audit report for the fiscal year ended September 30, 2009, as presented by Snow, Garrett and Company, Certified Public Accountants. Chief Financial Officer Janina Jewell presented Cathy Williams with Snow, Garrett and Company who presented the annual audit. Ms. Williams advised that the audit was a clean, unqualified opinion. Additionally, Ms. Williams announced to the Council that the Finance Department had received the Outstanding Accounting Award for 21 years straight. On the motion of Craig Swancy, second by Waymon Hamilton, the Council voted to accept the annual audit report for the fiscal year ended September 30, 2009. The motion carried 3-1. Councilman Clinton voted in opposition of the motion, stating that he did not have time to review the document before voting. Consider authorizing the City Manager to enter into a lease agreement with Ricoh through which the city can renew 8 Multifunction Printers (MFP) and add an additional 2 MFP units with budgeted dollars. Director of Technical Services Troy Garvin explained that due to the current lease expiring, the city has the opportunity to renew the lease agreement with Ricoh on multiple MFP’s. This lease is one of two in a MFP refresh program, renewing approximately ½ of the MFP inventory that the city currently leases. The Ricoh MFP’s will be purchased under the US Communities cooperative agreement. The full cost of the five year lease will be $189,412.90. The annual lease payment of $37,882.98 will be paid for as a budgeted item in the FY09/10 budget. This lease will need to be budgeted the four following years as well. After consideration, on the motion of Craig Swancy, second by Waymon Hamilton, the Council unanimously voted to authorize the City Manager to enter into a lease agreement with Ricoh through which the city can renew 8 Multifunction Printers (MFP) and add an additional 2 MFP units with budgeted dollars. The motion carried 4-0.

pg. 5

Update on the possible demolition of the Old Police Station (215 York Ave). City Manager Jerry Blaisdell reported that bids are being obtained and the building should be able to be demolished for under $25,000.00. Mr. Blaisdell stated that $100,000 had been set aside in Hotel/Motel Tax fund to be used for improvements at the First Monday Grounds, which have been put on hold. A partial amount of this money could be used to demolish the building and allow for a larger parking lot on York Avenue. On the motion of Jerry Clinton, second by Craig Swancy, the Council voted unanimously to direct Staff to proceed forward with receiving bids on the property and approved the appropriation of an amount not to exceed $25,000.00 from the Hotel/Motel fund to have the Old Police Station located at 215 York Ave demolished. The motion carried 4-0. CITIZENS COMMENTS ON NON-AGENDA ITEMS Darwin Yeary spoke to the Council regarding an Ordinance that allows homes to be built at 12 feet apart. Bobbie Narramore spoke to the Council regarding the property at 215 York Ave. As there was no further discussion, on the motion of Waymon Hamilton, second by Craig Swancy, the Council adjourned the meeting at 7:01 p.m.

_________________________ Mayor Dennis Hooks

ATTEST: ______________________________ Laura Simonds, City Secretary

pg. 6

Weatherford City Council

AGENDA REPORT

RS-041310-01 Page 1 of 2

Meeting Date: April 13, 2010 Staff Contact: Don Stephens, Director of Planning & Development

Agenda Item: RS-041310-01 E-mail: [email protected] Phone: 817-598-4203 Initiated By: Planning & Zoning Board

SUBJECT:

Consider adoption of Ordinance 478-2010-15, on final reading approving a Final Plat for Westover Village Estates Phase IIA, for property located at 940 Jodie Drive, City of Weatherford, Parker County, Texas.

STAFF REPORT: An application has been received wherein SMRP, LTD. is requesting approval of a Final Plat for Westover Village Estates Phase IIA for property located at 940 JODIE DR. The reason for the request is to subdivide approximately 10.904 acres into forty (40) lots for residential development. The lots range in size from approximately 0.189 acres or 8,214 square feet to approximately 0.328 acres or 14,278 square feet. PREVIOUS COUNCIL / BOARD ACTION: The item was reviewed at public hearing before the Planning and Zoning Board on February 10, 2010. By a vote of 5 – 0, the Planning and Zoning Board has recommended approval of the Final Plat. The item was reviewed at public hearing before City Council on March 9, 2010. By a vote of 5 – 0, City Council has approved the Final Plat on first reading. Staff informed City Council that this item would not be brought back for final reading until certification had been received from the City Engineer that all securities for infrastructure and public works elements were in place or that the work was completed. The City Engineer has now certified that all is complete. STAFF RECOMMENDATION: Staff supports the recommendation of the Planning and Zoning Board. ATTACHMENTS:

• Vicinity Map • Ordinance 478-2010-15

pg. 7

mailto:[email protected]�

VICINITY MAP

pg. 8

ORDINANCE 478-2010-15 AN ORDINANCE APPROVING A FINAL PLAT FOR PROPERTY IDENTIFIED AS A 10.904 ACRE TRACT OF LAND OUT OF THE JOHN DAVIS SURVEY, ABSTRACT NO. 349 AND THE JOHN HIBBINS SURVEY, ABSTRACT NO. 558, HENCEFORTH KNOWN AS WESTOVER VILLAGE ESTATES PHASE 2A CITY OF WEATHERFORD, PARKER COUNTY, TEXAS LOCATED AT 940 JODIE DR. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS:

SECTION 1: That the final plat for property identified as a 10.904 acre tract of land out of the John Davis Survey, Abstract No. 349 and the John Hibbins Survey, Abstract No. 558, legally described on Exhibit ‘A’ attached hereto and incorporated herein and henceforth known as Westover Village Estates Phase 2A City of Weatherford, Parker County, Texas illustrated on Exhibit ‘B’ attached hereto and incorporated herein, is hereby approved.

SECTION 2: If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such holding shall not affect the validity of the remaining portion of this ordinance, and the City Council hereby declares that it would have passed such remaining portions despite such invalidity or unconstitutionality.

The foregoing ordinance was introduced, read, approved, and passed by a vote of ___

ayes and ___ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the _____ day of _________ 20___ and was read, approved, passed and adopted by a vote of ___ ayes and ___ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the _____ day of _________ 20___.

CITY OF WEATHERFORD, TEXAS Dennis Hooks, Mayor

ATTEST: Laura Simonds, City Secretary APPROVED AS TO FORM Ed Zellers, City Attorney

pg. 9

of 5

Exhibit ‘A’

A TRACT OF LAND SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NO. 349, AND THE JOHN HIBBINS SURVEY, ABSTRACT NO. 558, IN THE CITY OF WEATHERFORD, PARKER COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO SMRP, LTD., RECORDED IN VOLUME 2382, PAGE 76, DEED RECORDS, PARKER COUNTY, TEXAS, (DRPCT), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A 1/2 INCH IRON ROD FOUND, SAID POINT BEING THE MOST WESTERLY SOUTHWEST CORNER OF B.B. FIELDER BOULEVARD, A 40 FOOT RIGHT OF WAY, AS DEDICATED BY WESTOVER VILLAGE ESTATES, PHASE 1, RECORDED IN CABINET B, SLIDE 565, PLAT RECORDS, PARKER COUNTY, TEXAS, (PRPCT), SAID POINT ALSO BEING IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO PATRICIA N. KREIPE, RECORDED IN VOLUME 680, PG. 432, DRPCT; THENCE NORTH 89 DEG. 48 MIN. 15 SEC. WEST, ALONG THE COMMON LINE BETWEEN SAID SMRP, LTD. TRACT, AND SAID KREIPE TRACT A DISTANCE OF 54-5.51 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 449.43 FEET; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE TO THE RIGHT, A DISTANCE OF 345.73 FEET TO A POINT FOR CORNER, SAID CURVE HAVING A CHORD BEARING OF NORTH 67 DEG. 45 MIN. 59 SEC. WEST, AND A CHORD LENGTH OF 337.27 FEET; THENCE NORTH 40 DEG. 12 MIN. 37 SEC. EAST, A DISTANCE OF 176.76 FEET TO A POINT FOR CORNER, SAID POINT BEING AT THE BEGINNING OF A NON—TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 224.83 FEET; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE TO THE RIGHT, A DISTANCE OF 23.81 FEET TO A POINT, SAID CURVE HAVING A CHORD BEARING OF NORTH 35 DEG. 19 MIN. 25 SEC. WEST, AND A CHORD LENGTH OF 23.80 FEET; THENCE NORTH 32 DEG. 18 MIN. 44 SEC. WEST, A DISTANCE OF 182.20 FEET TO A POINT FOR CORNER; THENCE NORTH 00 DEG. 11 MIN. 08 SEC. EAST, A DISTANCE OF 908.44 FEET TO A POINT FOR CORNER; THENCE SOUTH 89 DEG. 48 MIN. 52 SEC. EAST, A DISTANCE OF 9.97 FEET TO A POINT FOR CORNER; THENCE NORTH 00 DEG. 11 MIN. 08 SEC. EAST, A DISTANCE OF 120.00 FEET TO A 5/8 INCH IRON ROD FOUND, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO NIP COMPANY, L.L.P., RECORDED IN VOLUME 2382, PAGE 76, DRPCT; THENCE NORTH 00 DEG. 26 MIN. 01 SEC. EAST, ALONG THE COMMON LINE BETWEEN SAID NIP COMPANY TRACT AND SAID SMRP TRACT, A DISTANCE OF

pg. 10

of 5

242.12 FEET TO A 1/2 INCH IRON ROD FOUND, SAID POINT BEING IN THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, TILSON ADDITION, RECORDED IN CABINET B, SLIDE 374, PRPCT; THENCE SOUTH 84 DEG. 52 MIN. 02 SEC. EAST, ALONG THE COMMON LINE BETWEEN SAID LOT 1, AND SAID SMRP TRACT, A DISTANCE OF 299.85 FEET TO A 1/2 INCH IRON ROD FOUND; THENCE SOUTH 00 DEG. 10 MIN. 06 SEC. WEST, CONTINUING ALONG THE COMMON LINE BETWEEN SAID LOT 1, AND SAID SMRP TRACT, A DISTANCE OF 528.98 FEET TO A 1 INCH IRON FOUND, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID LOT 1, AND ALSO BEING THE MOST NORTHERLY NORTHWEST CORNER OF SAID WESTOVER VILLAGE ESTATES, PHASE 1; THENCE ALONG THE WESTERLY LINE OF SAID WESTOVER VILLAGE ESTATES, PHASE 1, AS FOLLOWS; SOUTH 00 DEG. 17 MIN. 34 SEC. WEST, A DISTANCE OF 13.62 FEET; NORTH 89 DEG. 48 MIN. 52 SEC. WEST, A DISTANCE OF 24.73 FEET; SOUTH 00 DEG. 11 MIN. 45 SEC. WEST, A DISTANCE OF 169.68 FEET; SOUTH 89 DEG. 59 MIN. 33 SEC. EAST, A DISTANCE OF 15.00 FEET; SOUTH 00 DEG. 11 MIN. 45 SEC. WEST, A DISTANCE OF 790.22 FEET; NORTH 89 DEG. 48 MIN. 15 SEC. WEST, A DISTANCE OF 5.00 FEET; SOUTH 00 DEG. 11 MIN. 45 SEC. WEST, A DISTANCE OF 50.00 FEET; SOUTH 89 DEG. 48 MIN. 15 SEC. EAST, A DISTANCE OF 19.40 FEET; SOUTH 00 DEG. 11 MIN. 45 SEC. WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 89 DEG. 48 MIN. 15 SEC. EAST, ALONG THE SOUTH LINE OF SAID WESTOVER VILLAGE ESTATES, PHASE 1, A DISTANCE OF 526.08 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEG. 11 MIN. 45 SEC. WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 10.904 ACRES OF LAND, MORE OR LESS.

pg. 11

of 5

Exhibit ‘B’

pg. 12

of 5

pg. 13


AGENDA REPORT

RS-041310-02 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Sharon Hayes, Assistant City Manager - Utilities

Agenda Item: RS-041310-02 E-mail: [email protected] Phone: 817-598-4270 SUBJECT: Consider and/or act upon Lake Weatherford "C" Well No. 1H 42-6001384-001 granting written

consent to pool 5.337 acres owned by the residents of Parker Point with 214.663 acres owned by the City.

BACKGROUND/DISCUSSION Pursuant to the Paragraph 25 of the Oil and Gas Lease the City of Weatherford granted to Chief Holdings, LLC, pooling of other lands with the lands owned by the City of Weatherford cannot be accomplished without the express written consent from the City of Weatherford. Devon, as successor to Chief is requesting that the City allow 5.337 acres owned by the residents of Parker Point to be pooled with 214.663 acres owned by the City to create a 220 acre pooled gas unit for the Lake Weatherford “C” Well No. 1H. During the March 25, 2010 Utility Board meeting staff request the Utility Board recommend to the City Council to allow 5.337 acres owned by residents of Parker Point to be pooled with 214.663 acres owned by the City to create a 220 acre pooled gas unit. FINANCIAL IMPACT No Financial Impact RECOMMENDATION Staff requests that City Council accept the recommendation by the Utility Board to allow 5.337 acres owned by residents of Parker Point to be pooled with 214.663 acres owned by the City to create a 220 acre pooled gas unit. Attachments

• Letter date 2-23-10 from Devon • Exhibit A • Plat

pg. 14


[ i I

devonDevon Ener y Corporation20 North BroadwayOklahoma City, OK 73102-8260

405 228 8726 Phonev w.devonener y.com

February 23, 2010

City of WeatherfordATTN: Ms. Sharon HayesDirector of UtilitiesP. O. Box 25Weatherford, TX 76086

RE: 29812-011 Lake Weatherford "C" Well No. 1H42-6001384-001 City of Weatherford LeaseParker County, Texas

Dear Ms. Hayes

As you are aware, Devon Enersy (Devon) has staked a wel.[ on [ands owned by the City ofWeatherford in preparation to drill the Lake Weatherford "C" Well No. 1H. Attached youwill find a survey plat of this we[lbore which indicates that the bottom hole location willbe drilled very near the Parker Point Subdivision. Pursuant to Paragraph 25 of thatcertain OiI` and Gas Lease dated November 10, 2005 between The City of Weatherford(The City), as Lessor, and Chief Holdings LLC, as Lessee, the poolìn8 of other [ands withthe lands owned by The City can not be accomptished without the express writtenconsent from The City of Weatherford.

It is therefore, respectfulty requested that The City consent to pooling and al`|ow Devonthe ability to pool 5.337 acres owned by the residents of Parker Point with 214.663 acresowned by The City. Pursuant to the "retained acreage l.angua ]e" contained in Paragraph19 of the [ease from The City, with the anticipated weUbore displacement of 5444' theLake Weatherford "C" Well No. IH wi[[ retain a total of 220 acres. A plat is attachedhereto as Exhibit "A" depicting the 8eneral outline of the acreage owned by both TheCity and residents of Parker Point which would be pool.ed together to create the 220 acreas unit for the "C" Well No. IH.

If the poolìng proposal outlined above and depicted on Exhibit "A" meets with yourapproval`, please evidence such approval in the space provided belòw, and return onecopy of this letter to the undersigned.

Please feel free to contact me at the address above or directly at 405-228-3044.

Sincerety,

DEVON ENERGY HOLDINGS, L.LC.

AmyGwyn \ ( 1 "Senior LandmanFort Worth Basin Land Department

pg. 15

The City of Weatherford page 2FebruaGJ 23, 7010

Approvat granted to create a 220 acre pooted !]as unit for theLake Weatherford "C" Wet[ No. IH poolin 5.337 acres ownedby residents of Parker Point with 214.663 acres owned by The City.

The City of Weatherford

BY:Dennis E Hooks, Mayor

pg. 16

devon-25@

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A- 12L 5Q SIMMONS

A-378I I I { DILIARD

A-416J L EDV &RDS

2

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A-2056C

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A-151,1

T&P RR CO

Lease #

42-6001384/001 CITY OF WEATHERFORD42-3010887/000 THOMAS J RIZZO ET UX 0.28442-30108881000 JEANETTE J CLARK ET AL 0.400

42-30108791000 DOBY G GILLARD ET UX 0.330

42-3010851/000 ERIC MEYER ET AL 0.410

42-3012127/000 RALPH MCCOMMONS ET UX 0.440

42-3010926/000 CHAD L MASSEY ET UX 0,36342-3010881/000 PATRICK HAROLD SLOCUM ET UX 0.340

42-3010884/000 NORM E HARTMAN ET UX 0.300

42-3010883/000 CARL HOLMAN ET UX 0.250

42-30124651000 MATTHEW DON WILKS TRUST NO " 0.460

42-3010880/000 ROBERT S OWEN ET UX 0.39042-3010885/000 RUSSELL G HALL SR ET AL 0.370

42-3010886/000 MATTHEW D MUMMA 0,350

42-3010882/000 CURTIS L HINES ET UX 0,330

42-3010928/000 KENNETH M WILLIAMSON ET UX 0.320

TOTAL 220.000

Lessor Acres

214,663

ract #

1

2

3

4

5

6

7

8

9

10

11

12

13

14

I516

J H ROBERTSON

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A-755GEORGE M P JOIINSON

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1 i uals 1,000 feet

Devon Energy Production Co., L.P.Lake Weatherford Gas Unit 'C'

220 AcresParker County, Texas

pg. 17

NOTE:

COMBINED SCALE FACTOR 0.999846334

SL IS APPROX 6.17 MILES N 83'37'10" E OF THE MUNICIPALWATER TOWER IN WEATHERFORD, PARKER COUNTY, TEXAS.

STATE pLANE, NAB 83

DESCRIPTION NORTHING EASTING ELEVATION1H SL 6963664.55 2223105.76 854'1H BL 6969141.90 2219836.5g O'IH PP 6964837,64 2223170.43 O'

STATE pLANE, rlAD 27

DESCRIPTIONNORTHING / EASTING ELEVATION421 1947335.08 854'IH SL

1N BL 409485.62 194411B,20 O'1H PP 402149.64 1947410 9D O'

GEOGRAPHIC BAD 83

C 1H J LAT:52.76667067SL LAT:32'46'07.9344"

ILONG:-92"40'I 7,9183" LONG: 97,67164397

C 1H BL LAT:32'47'02.3671" LAT:52.76399641LONG: - 97"40'55.7076" LONG: 9768214161

C IH PP LAT;32'46'19.5373" LAT:32.7720936gLONG: g7"40'17.0526" LONG: 9767140349

KATHRYNCORNELIUS

#IH BL

Lt N 03"09'19" E 117488'L2 N 37"45'34" W 5444,37'

TP C LESSOR$ ACRES IRECORDED J

l 'R'ff/t FCtDWAYNE CORNELIJ, ET UX ORt992 12g973 P C O R

1

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J. H. LETSINGERSURVEYA-2564

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T. & P. RR. CO.SURVEYA-1514

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pg. 18


AGENDA REPORT

RS-041310-03 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Jerry Blaisdell, City Manager Agenda Item: RS-041310-03 E-mail: [email protected] Phone: 817-598-4100 SUBJECT: Accept letter of resignation from City Council Member James Hamilton. BACKGROUND/DISCUSSION A letter of resignation was received from City Council Member James Hamilton on March 23, 2010. RECOMMENDATION Accept letter of resignation. Attachments

• Letter of resignation

pg. 19


pg. 20


AGENDA REPORT

RS-041310-04 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Laura Simonds, City Secretary Agenda Item: RS-041310-04 E-mail: [email protected] Phone: 817-598-4202 SUBJECT: Discuss and consider the appointments of Mayor Pro-Tem, North Central Texas Council of

Government Emergency Preparedness Council Alternate and Historic Preservation Commission. RECOMMENDATION Staff respectfully request that appointments me made for the following:

• Mayor Pro-Tem • NCTCOG Emergency Preparedness Council Alternate • Historic Preservation Commission

pg. 21



AGENDA REPORT

RS-041310-05 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Sharon Hayes, Assistant City Manager-Utilities

Agenda Item: RS-041310-05 E-mail: [email protected] Phone: 817-598-4270 SUBJECT: Discuss and consider a request to assign the existing Marina Lease. BACKGROUND/DISCUSSION During the Utility Board October 17, 2003, the Board voted to approve a recommendation to the City Council regarding a new 20 year lease with an additional 20 year renewal, a 3% Gross Receipt Fees for the first 20 years and 5% Gross Receipt Fess on the renewed 20 years for the Marina Lease. The bid was submitted by Cynthia Ross and Phyllis Ann McQuern. At the City Council meeting October 28, 2003 the council approved the recommendation. According to the agreement, the Concessioner/Lessee may assign this contract and Agreement with the approval of the City, which approval will not be unreasonably withheld. FINANCIAL IMPACT None RECOMMENDATION Staff has no objections to this assignment and recommends that the City Council approve. Attachments

• Lake Weatherford Marina Lease Proposal

pg. 22


MARINAWhere Family, Friends & Fun Meet!

March 22, 2010

Sharon HayesDirector of UtilitiesWeatherford Municipal Utility System917 Eureka StreetWeatherford, TX 76086

Dear Ms. Hayes:

Enclosed please find the proposal from the ladies who are buying the Lake Weatherford Marina.Bill Baker with First National Bank has approved the deal so we would like to get your blessingbefore moving forward. We were hoping to close by the first of April. Please feel tYee to call meif you have any questions. My cell phone number is 817-597-0418. Thank you in advance foryour prompt attention to this matter.

Sincerely,

Cynthia RossManaging PartnerLake Weatherford Marina LLC

210 W. LAKE DRIVEWEATHERFORD, TEXAS 76087

817.597.0418www.lakeweatherfordmarina.com

[email protected] pg. 23

Proposal to Reassign LeasePrepared for City of Weatherford

Municipal Utilities Board

March 10, 2010

Lake Weatherford Marina210 West Lake Drive

Weatherford. Texas 76087

pg. 24

Lake Weatherford Marina210 West Lake Drive

Weatherford. Texas 76087

IntroductionLake Weatherford Marina is a full service facility located on land leased from the city ofWeatherford. The marina has a convenience store, boat repair facility, storage building,gas dock, boat slips, crappie fishing barge, rental cottage, beach and swimming area.The present owners of the parent company of the marina, Lake Weatherford MarinaLLC, plan to sell the company and all its assets. The company will not change in nameor overall operation of the marina. Only the owners will change. The purpose of thisproposal is to request the board to change the lease holders to the new owners.

VenueLake Weatherford is a municipal water reservoir built in 1956 with city funds. It is east ofWeatherford off US 80/180, 19 miles from downtown Fort Worth. The lake has a surfacearea of 1,158 acres and a maximum depth of 39 feet. The water clarity is moderatelyclear to stained. Almost no vegetation exists in the deeper lower lake. Cattails and lilypads grow in the shallow upper lake. The lake is noted for large black bass, white bass,crappie, catfish and bluegills. The lake record for black bass is 12.37 pounds. Thecrappie record is 2.34 pounds.

The marina is built on 2.44 Acres of prime lake front property with a 20 year lease termbeginning January 2004 With 3% of gross sales paid to the City of Weatherford forconcession fee. The lease has an automatic 20 year renewal If in good standing with a5% of gross sales concession fee for the second 20 years.

Assets included in the saleThe assets included in the sale include assignment of the City of Weatherford franchiseand the lease on 2.44 acres of prime lake front property. The permanent structurestotaling 4665 square feet belong to the marina owner and are not leased from the City.The four buildings included in the sale are the convenience store (1920 Sq. Ft.), boatrepair facility (1120 Sq. Ft), storage building (525 Sq. Ft.) and cottage (1100 Sq. Ft.)Other assets are the paved parking lot, fully automated gas dock and access ramp,double wide boat lau cll ramp, 32 slip wet boat storage and access ramp, fishing bargeand access ramp, sandy beach area with picnic pavilions, and an open dry boat storagearea

Description of AssetsThe convenience store services include soft drinks and alcoholic beverage ssles, food,sundry, automotive, boat parts and accessories and fishing tackle ssles. The store sellsi e;-; ;s ;-:.- >.:. ; , ,U %'i'.di -:- 7] ; d g i ;;:,;..::s. A dell rood .- eFvice is set up for both hot and

cold i, ,- d: . A c,-,,;9;, te iF e of liv a,d imTen baits are available. The store contains a 186square [ o walk in cooler, check o,Jf counter, 120 square foot managers office,12 seatdining area, stainless steel deli food so;vice c Jec, with h x d w .sh ;ir k, ? rc t rooms,storage and washing room with 3 stainlc-;s sinks, lea- :. -d ic : mP.ker, r .fii('.,e; :[ed ice

pg. 25

dispenser in front of building, and merchandise display fixtures. The building had all newelectrical wiring in 2004 and a complete refurbished interior and new metal roof in 2008.

The boat repair facility has a 25 ft. by 40 ft. service bay with garage doors, 10 ft. by 12ft. storage area, customer service counter and work bench.

The 19 ft. by 28 ft. storage building has a garage door and one side door access. It haswooden shelves and racks for merchandise and supply storage.

The rental cottage is an 1100 Square Feet restored 1950% house with a new metal roofin 2008. Rooms include a den area with electric fire place and sleeper couch, a kitchenarea with modern appliances, master bedroom with queen sized bed, second bedroomwith bunk beds, and bath. The house has ample closets, and central heat and air. Itsleeps 6 guests. The cottage is fully furnished.

The fish barge with fishing well is covered, lighted and contains bench seating. It islocated in 14 to 21 foot deep water adjacent to the river channel. The barge has thereputation for the best crappie fishing in the D/FW area. It was refurbished and paintedin 2008.

The gas dock furnishes on the water pay at the pump gas service. It is fully automated24/7 with no need for an attendant. The Gilbarco pump is located on a floating dock.There is 5000 gallon above ground gas storage located off the water. The store hascomplete remote control and credit card consoles which meet Homeland Securityrequirements.

The wet boat storage has 32 slips for up to 24 foot boats. Some are equipped with lifts.It is covered and lighted. The entrance gate has a coded cipher lock

The beach area has 600 feet of water frontage with a 15 ft. x 15 ft. picnic pavilion and5 covered picnic tables. The buoyed swimming area with sloping bottom providessafe water play for children and adults. The volley ball court is great for group play.

The boat dry storage area is grassy room for 50 boats and trailers.

Boats included in the sale are a Hobie Bravo 12 Foot catamaran sailing boat, 3 singleKayaks, dual kayak, paddle boat and a 20 foot open deck pontoon work barge with 50HP Evinrude motor.

Income Potential

The marina has shown a loss since its construction because at the time of completion ofcritical income sources the worst drought in 50 years lowered the lake level 10 feet fornearly 2 Years. Construction Is complete and the lake Is now up to level. Although notpresently planned, the marina has an ideal location for a sports bar and grill, orrestaurant. Zoning on the City master plan permits private club (Unicard). The Marina

pg. 26

holds beer off-premises license which is transferable with sale. Since the addition ofbeer sales the marina has become more profitable. As the marina develops, the leaseallows for the construction of an additional 32 covered boat slips.

The new owners plan to improve profitability of the marina by vigorously promoting thepotential of the assets, including boat slip rentals and cottage rentals. Expenses will bepared by decreasing the services, which are presently purchased. The new owners plana family operation in which most of the work will be done internally instead of withcontract labor. Prices will be adjusted to assure a fair profit margin.

Meet the New Owners

Dana Nichols is a native of Cincinnati, Ohio and moved to Weatherford in 2008. Danais a graduate from Embry Riddle Aeronautical University and is currently working on atriple Masters Degree. Presently employed by Delta Air Lines where she has heldvarious management positions and is currently the Program Manager of Delta's ConflictResolution Process of the In-flight division. Dana was previously employed for PerkinsFamily Restaurant as a Manager for eight years. Both Dana and her husband, Johnmake their home in Weatherford. John is employed by the Department of HomelandSecurity and has been employed for 17 years with the federal government.

Barbara Schuchart also a Cincinnati native is relocating to Weatherford to be themanaging partner. Recently retired, Barbara worked for Kohl's Department store whereshe was responsible for recruiting, hiring and training the associates for the creditdepartment. She oversaw new credit card policy implementation at over 60 new storegrand openings. Barbara's previous employer was Bank Ohio NaUonal Bank as anOperations Officer responsible for all daily bank business operations as well as newemployee hidng.

We look forward to many years of profitable business and working closely with Cityofficials and local business leaders to improve Lake Weatherford Marina with the goal tobecome the entertainment center of our community.

Barbara Schuchart Dana & John Nichols

pg. 27


AGENDA REPORT

RS-041310-06 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Terry Hughes, Director of Transportation & Public Works

Agenda Item: RS-041310-06 E-mail: [email protected] Phone: 817-598-4244 SUBJECT: Discuss and consider approval of ordinance 479-2010-16 for no parking on the north side of West

Lee Avenue from South Alamo Street to Davis Street. BACKGROUND/DISCUSSION A request for a no parking area on the north side of West Lee Avenue between South Alamo Street and Davis Street was received from the Weatherford Parks and Recreation Department in January. The request is a result of the increased usage of the newly remodeled Cherry Park venues. FINANCIAL IMPACT Funds are currently available in the Traffic Division signage and paint accounts for the signs and pavement markings for the no parking request. RECOMMENDATION The Transportation Advisory Board voted 4 to 0 recommending the establishment of a no parking zone along the north side of West Lee Avenue from South Alamo Street west to Davis Street. Staff respectfully requests that City Council approve this recommendation for ordinance 479-2010-16. Attachments

• Ordinance 479-2010-16 • Map showing proposed no parking for West Lee Avenue

pg. 28


ORDINANCE 479-2010-16

AN ORDINANCE AMENDING TITLE X MOTOR VEHICLES AND TRAFFIC, CHAPTER 4 PARKING REGULATIONS, SECTION 10-4-21 PROHIBITED PARKING OF THE CITY CODE OF WEATHERFORD, TEXAS, BY ADDING THERETO AND DESIGNATING PORTIONS OF CERTAIN STREETS AND AVENUES WHERE THE PARKING OF VEHICLES SHALL BE PROHIBITED DURING CERTAIN PERIODS OF THE DAY; PROVIDING A PENALTY OF FINE NOT TO EXCEED $200.00; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS HEREOF; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY.

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

SECTION I

. That Title X Motor Vehicles and Traffic, Chapter 4 Parking Regulations, Section 10-4-21 Prohibited Parking, of the City Code of Weatherford, Texas, is hereby amended by adding to said section, which prohibits the parking of vehicles on certain portions of certain streets, the following streets, or portions thereof, to-wit:

STREET FROM DIRECTION TO SIDE PERIOD PARKING PROHIBITED

West Lee Ave West boundary line of South Alamo

West East boundary line of Davis street

North No parking anytime

SECTION II

. The Director of Public Works is hereby authorized and instructed to erect appropriate signs along the portions of the streets above designated which shall advise the general public that the parking of vehicles at such locations is prohibited during the period indicated hereinabove.

SECTION III

$200.00.

. Any person parking a vehicle in violation of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined an amount not to exceed

SECTION IV

. All ordinances and parts of ordinances in conflict with this ordinance shall be and the same are hereby repealed to the extent of said conflict only.

SECTION V

. If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance, or the application thereof to any person or circumstance is held invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of the ordinance, and the City Council hereby declares that it would have passed such remaining portions despite such invalidity or unconstitutionality.

The fact that the parking of vehicles on the streets or portions of streets hereinabove listed constitutes traffic congestion and dangerous traffic conditions, creates an urgency and an emergency in the preservation of the public peace, property, health, safety, and general welfare and requires that this ordinance take effect immediately from and after its passage and it is accordingly so ordained. The foregoing ordinance was introduced, read, approved, passed by a vote of ayes and nayes at a meeting of the City Council of the City of Weatherford, Texas, at its meeting held on the day of ; and was read, passed, approved, and adopted by a vote of ayes and nayes, at a meeting of the City Council of the City of Weatherford, Texas held on the day of , 2010.

Dennis Hooks, Mayor

pg. 29

ATTEST: Laura Simonds, City Secretary APPROVED AS TO LEGAL FORM: Ed Zellers, City Attorney

pg. 30

WEST LEE AVENUEDiscuss and consider no parking zone for north side of West Lee between Alamo and Davis Streets.

pg. 31


AGENDA REPORT

RS-041310-07 Page 1 of 3

Meeting Date: April 13, 2010 Staff Contact: Don Stephens, Director Agenda Item: RS-041310-07 E-mail: [email protected] Phone: 817-598-4203 Initiated By: Planning & Zoning Board

SUBJECT:

Consider first reading of Ordinance 480-2010-17, approving a Zoning Change for property currently zoned AG Agricultural to be rezoned MF-1 Multi-Family Residential located at 2385 WHITE SETTLEMENT ROAD City of Weatherford, Parker County, Texas.

STAFF REPORT: An application has been received wherein Weatherford Meadow Vista Apartments, L.P. is requesting approval of a Zoning Change for property currently zoned AG Agricultural to be rezoned MF-1 Multi-Family Residential located at 2385 White Settlement Road. The reason for the request is to allow for the construction of a multifamily residential rental community. According to Title XII, Article IV Subsection 38.1 of the Weatherford Municipal Code, multifamily dwellings are not listed as a permitted use in AG Agricultural zoning districts. Multifamily dwellings are however listed as a permitted use in both MF-1 Multifamily and MF-2 Multifamily zoning districts. The applicant intends on constructing twenty (20) multifamily dwellings containing four (4) units each for a total of eighty (80) units. The proposed development encompasses approximately 8.83 acres of land more or less and according to the MF-1 zoning district rules and regulations, density shall be limited to twelve (12) units per acre. Based on the aforementioned criteria, the proposed development complies with the density requirements for property zoned MF-1. PREVIOUS COUNCIL / BOARD ACTION: At the February 23, 2010 City Council meeting, the applicant presented a request for a letter of support from the Mayor. At that meeting, the applicant informed the Mayor and Council that the letter of support from the Mayor would accompany an application to the Texas Department of Housing and Community Affairs (TDHCA) for housing tax credits to assist in the development and construction of an 80 unit apartment community for seniors. The applicant continued to assure the Mayor and Council that they are aware of the steps that must be taken in order to complete their project including but not limited to zoning, platting, site development and construction and have every intention of complying with the requirements as set forth by the City.

pg. 32


The item was reviewed at public hearing before the Planning and Zoning Board on March 10, 2010. By a vote of 6 – 0, the Planning and Zoning Board has recommended approval of the Zoning Change. STAFF RECOMMENDATION: Staff supports the recommendation of the Planning and Zoning Board. ATTACHMENTS:

• Vicinity Map • Ordinance

pg. 33

VICINITY MAP

pg. 34

ORDINANCE ___-____-__ AN ORDINANCE AMENDING THE ZONING DISTRICT BOUNDARIES OF THE ZONING DISTRICT MAP OF THE CITY OF WEATHERFORD, TEXAS, CONCERNING CERTAIN PARCELS OR TRACTS OF LAND IDENTIFIED AS 8.83 ACRES OUT OF THE T & P RR COMPANY SURVEY, ABSTRACT NO. 1499, CITY OF WEATHERFORD, PARKER COUNTY, TEXAS LOCATED AT 2385 WHITE SETTLEMENT ROAD HERETOFORE ZONED AG AGRICULTURAL SHALL HENCEFORTH BE ZONED MF-1 MULTI-FAMILY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the governing body of the City of Weatherford, Texas, after thorough study, has determined that the Zoning District Map of said City and the Zoning District Boundaries shown thereon should be changed and amended in certain particulars, and WHEREAS, all reviews and public hearings and all notices incident thereto have been in full compliance with the provisions applicable thereto as contained in the zoning ordinance as set forth in the laws of the State of Texas, and WHEREAS, the City Council now desires to record said authorized changes in the Zoning District Map by passage of this ordinance amending said map and directing the Department of Community Development to make appropriate changes in the one (1) copy of the original Zoning District Map on file in the office of the City Secretary and all other copies of maps purporting to be copies of the current Zoning District Map of the City of Weatherford, Texas, as provided for in Title XII, Article I, Section 3, of the City Code of Weatherford, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS:

SECTION 1: That the zoning district boundaries of the zoning district map of the City of Weatherford, Texas, are hereby amended concerning certain parcels or tracts of land identified as 8.83 acres out of the T & P RR Company Survey, Abstract No. 1499, City of Weatherford, Parker County, Texas more particularly described on Exhibit ‘A’ attached hereto and incorporated herein, and more generally located at 2385 WHITE SETTLEMENT ROAD heretofore zoned AG Agricultural shall henceforth be zoned MF-1 Multi-Family.

SECTION 2: The City Council, after thorough investigation and review finds that all prerequisites as to study, review, notice, public hearings, and all other legal requirements have been met and fully complied with concerning the changes set forth in Section 1 and Section 2 of this ordinance prior to the passage hereof, and that the changes indicated therein will be to the benefit of the particular neighborhood concerned and to the City as a whole. SECTION 3: The Department of Community Development is hereby instructed to change the one (1) copy of the Zoning District Map on file in the office of the City Secretary and all other copies of maps purporting to be copies of the current Zoning District Map of the City of Weatherford, Texas, to show the changes set forth herein.

SECTION 4: All ordinances and parts of ordinances in conflict with this ordinance shall

pg. 35

ORDINANCE ___-____-__ Page 2 of 3

and the same are hereby repealed to the extent of said conflict only.


The foregoing ordinance was introduced, read, approved, and passed by a vote of ___

ayes and ___ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the _____ day of _________ 20___ and was read, approved, passed and adopted by a vote of ___ ayes and ___ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the _____ day of _________ 20___.



pg. 36

ORDINANCE ___-____-__ Page 3 of 3

Exhibit ‘A’

BEING AN 8.83 ACRE TRACT OF LAND SITUATED IN THE T & P RR COMPANY SURVEY, ABSTRACT NO. 1499, CITY OF WEATHERFORD, PARKER COUNTY, TEXAS AND BEING A PORTION OF THE PARKER PEARSON, LP TRACT AS EVIDENCED BY DEED RECORDED IN VOLUME 2032, PAGE 201 DEED RECORDS PARKER COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A FOUND FENCE POST IN THE SOUTH LINE OF WHITE SETTLEMENT ROAD FOR THE NORTHWEST CORNER OF SAID PARKER PEARSON, LP TRACT AND THE NORTH EASTCORNER CORNER OF TE GARY FOWLER TRACT AS RECORDED IN VOLUME 1550, PAGE 1613, PARKER COUNTY DEED RECORDS; THENCE SOUTH 00°25’33” EAST WITH THE PARKER PEARSON/FOWLER COMMON LINE A DISTANCE OF 344.58 FEET TO A SET 1/2 INCH IRON ROD FOR THE POINT OF BEGINNING; THENCE NORTH 89°50’40” EAST A DISTANCE OF 515.05 FEET TO A SET 1/2 INCH IRON ROD IN THE WEST LINE OF A 200 FOOT STRIP OF LAND RESERVED FOR THE FUTURE CITY OF WEATHERFORD OUTER LOOP, SAID POINT BEING THE BEFGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3900.00 FEET, A CENTRAL ANGLE OF 09°28’58”, AND A LONG CHORD WHICH BEARS SOUTH 21°20’49” EAST, 644.73 FEET; THENCE ALONG SAID CURVE TO THE RIGHT AND PROPOSED WEST LINE OF SAID FUTURE LOOP AN ARC DISTANCE OF 645.46 FEET TO A SET 1/2 INCH IRON ROD; THENCE SOUTH 89°50’40” WEST, LEAVING SAID PROPOSED WEST LINE, A DISTANCE OF 745.27 FEET TO A SET 1/2 INCH IRON ROD IN THE PARKER PEARSON/FOWLER COMMON LINE; THENCE NORTH 00°25’33” WEST WITH THE PARKER PEARSON/FOWLER COMMON LINE A DISTANCE OF 601.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 384,547 SQUARE FEET, 8.83 ACRES OF LAND, MORE OR LESS.

pg. 37


AGENDA REPORT

RS-041310-08 Page 1 of 3

Meeting Date: April 13, 2010 Staff Contact: Don Stephens, Director Agenda Item: RS-041310-08 E-mail: [email protected] Phone: 817-598-4203 Initiated By: Planning & Zoning Board

SUBJECT:

Consider first reading of Ordinance 481-2010-18, approving a Conditional Use Permit for Bed & Breakfast for property located at 212 WEST SIMMONS STREET City of Weatherford, Parker County, Texas.

STAFF REPORT: An application has been received wherein Asa Baldwin is requesting approval of a Request for recommendation of approval of a Conditional Use Permit for Bed & Breakfast for property located at 212 WEST SIMMONS STREET. The reason for the request is to allow for the operation of a Bed & Breakfast facility. According to Title XII, Article IV Subsection 38.1 of the Weatherford Municipal Code, a Bed & Breakfast facility requires approval of a Conditional Use Permit in SF-8.4 Single Family Residential zoning districts. “When considering applications for a conditional use provision, the planning and zoning board and the city council shall specifically consider the extent to which:

1. The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan;

2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

3. The proposed use meets all supplemental standards specifically applicable to the use as set forth in Article V;

4. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to:

pg. 38


a. Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

b. Off-street parking and loading areas;

c. Refuse and service areas;

d. Utilities with reference to location, availability, and compatibility;

e. Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses;

f. Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

g. Required yards and open space;

h. Height and bulk of structures;

i. Hours of operation;

j. Exterior construction material and building design; and

k. Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

5. The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.” (WMC §37.5)

PREVIOUS COUNCIL / BOARD ACTION: The item was reviewed at public hearing before the Planning and Zoning Board on April 10, 2010. By a vote of 5 – 1, the Planning and Zoning Board has recommended approval of the Conditional Use Permit. STAFF RECOMMENDATION: Staff supports the recommendation of the Planning and Zoning Board. ATTACHMENTS:

• Vicinity Map • Ordinance

pg. 39

VICINITY MAP

pg. 40

ORDINANCE ___-____-__ AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CERTAIN PARCELS OR TRACTS OF LAND IDENTIFIED AS 0.19 ACRES OUT OF THE A. BRACKENE SURVEY, ABSTRACT NO. 27, CITY OF WEATHERFORD, PARKER COUNTY, TEXAS LOCATED AT 212 WEST SIMMONS STREET FOR THE PURPOSES OF A BED & BREAKFAST; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the governing body of the City of Weatherford, Texas, after thorough study, has determined that the Zoning District Map of said City and the Zoning District Boundaries shown thereon should be changed and amended in certain particulars, and WHEREAS, all reviews and public hearings and all notices incident thereto have been in full compliance with the provisions applicable thereto as contained in the zoning ordinance as set forth in the laws of the State of Texas, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS:

SECTION 1: That a Conditional Use Permit is hereby authorized for certain parcels or tracts of land identified as 0.19 acres out of the A. Brackene Survey, Abstract No. 27, City of Weatherford, Parker County, Texas more particularly described on Exhibit ‘A’ attached hereto and incorporated herein, and more generally located at 212 West Simmons Street for the purposes of a Bed & Breakfast.

SECTION 2: The City Council, after thorough investigation and review finds that all prerequisites as to study, review, notice, public hearings, and all other legal requirements have been met and fully complied with concerning the changes set forth in Section 1 and Section 2 of this ordinance prior to the passage hereof, and that the changes indicated therein will be to the benefit of the particular neighborhood concerned and to the City as a whole.

SECTION 3: All ordinances and parts of ordinances in conflict with this ordinance shall and the same are hereby repealed to the extent of said conflict only.


pg. 41

The foregoing ordinance was introduced, read, approved, and passed by a vote of ___ ayes and ___ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the _____ day of _________ 20___ and was read, approved, passed and adopted by a vote of ___ ayes and ___ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the _____ day of _________ 20___.



pg. 42

Exhibit ‘A’

ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND BEING A PART OF LOT 2, BLOCK 7 OF COUTS ADDITION TO THE CITY OF WEATHERFORD, PARKER COUNTY, TEXAS AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8” IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID LOT 2, AT THE INTERSECTION OF THE EAST BOUNDARY LINE OF ALAMO STREET AND THE NORTH BOUNDARY LINE OF W SIMMONS STREET; THENCE WITH THE NORTH BOUNDARY LINE OF THE ABOBE MENTIONED W SIMMONS STREET EAST A MEASTURED DISTANCE OF 80.6 FEET (DEED, 80’) TO A 5/8” IRON ROD FOUND FOR CORNER; THENCE NORTH A MEASURED DISTANCE OF 105 FEET (DEED, 102’) TO A 5/8” IRON ROD FOUND FOR CORNER; THENCE WEST A MEASURED DISTANCE OF 80.6 FEET (DEED, 80’) TO A 1/2" IRON ROD FOUND FOR CORNER IN THE EAST BOUNDARY LINE OF THE ABOVE MENTIONED ALAMO STREET; THENCE WITH THE EAST BOUNDARY LINE OF SAID ALAMO STREET, SOUTH A MEASURED DISTANCE OF 150 GEET (DEEED, 102’) TO THE PLACE OF BEGINNING.

pg. 43


AGENDA REPORT

RS-041310-09 Page 1 of 2

Meeting Date: April 13, 2010 Staff Contact: Robert Hanna, Assistant City Manager

Agenda Item: RS-041310-09 E-mail: [email protected] Phone: 817-598-4130 SUBJECT: Receive a report, hold a discussion and take action, on enacting Ordinance 482-

2010-19, creating the North Side Neighborhood Empowerment Zone, and authorizing the City Manager to negotiate economic development agreements for the purposes and incentives outlined in the proposed Ordinance.

BACKGROUND: The proposed Ordinance before you tonight will allow the City of Weatherford to use a variety of economic tools and incentives to assist existing businesses and homeowners where appropriate, and to attract new businesses and the construction of new homes in the North Side area. The Ordinance authorizes the City Manager or his/her designee to negotiate economic development agreements that will then come to the Council for approval. The Manager has the following tools at his/her disposal:

1.) The reduction or waiver of construction related fees, including impact fees; 2.) The establishment of “claw back” provisions for local sales and use taxes; 3.) The abatement of property taxes; and, 4.) The establishment of baseline energy improvements as developed by the Energy Star

program or the LEEDS program as developed by the US Green Building Council. An example of a future use of these incentives would be to assist a business owner in recouping the costs associated with restoring their building façade to a historical and architecturally appropriate façade, or to partner with the infill development policy that is also before you tonight and encourage the development or redevelopment of housing units on vacant or underutilized land in the North Side area. FISCAL IMPACT The City will forego certain revenue streams that are associated with an incentive for a peiod of time. Staff believes the total dollar impact will be negligible and the additional revenue generated through redevelopment and new development will offset the incentive loss leader. STAFF RECOMMENDATION:

pg. 44


AGENDA REPORT

RS-041310-09 Page 2 of 2

Staff visited with the North Side Pride Committee on Thursday, March 25, 2010 to ask their opinion and to seek their input on the proposed empowerment zone. They recommended that the City adopt the ordinance as crafted, and have provided a letter reflecting the same (attached). Staff recommends approval of the attached ordinance as submitted. ATTACHMENTS - Ordinance - Letter of Support from North Side Pride

pg. 45

ORDINANCE NO. 482-2010-19

AN ORDINANCE OF THE CITY OF WEATHERFORD, TEXAS A HOME RULE MUNICIPAL CORPORATION OF THE STATE OF TEXAS, DESIGNATING A CERTAIN AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY AS A NEIGHBORHOOD EMPOWERMENT ZONE PURSUANT TO THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 378; AND PROVIDING LOCAL INCENTIVES; AND PROVIDING A SEVERABILITY CLAUSE WHEREAS, the City of Weatherford, Texas desires to encourage the investment of private resources in productive business enterprises and single family housing units in historic and economically distressed areas of the City; and WHEREAS, the City of Weatherford, Texas desires to increase economic development within those areas; and, WHEREAS, it is necessary and in the best interest of the City to create the North Side Neighborhood Empowerment Zone (the “Zone”) pursuant to Chapter 378 of the Texas Local Government Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS: SECTION 1. That the City designates an area more particularly described and illustrated in “Exhibit A” attached hereto and incorporated herein for designation as the North Side Neighborhood Empowerment Zone. SECTION 2. That the City Council as the governing body of the City of Weatherford, Texas finds that the creation of the Zone will increase economic development within the Zone as well as throughout City, and increase the rehabilitation and construction of affordable housing within the zone. SECTION 3. That the City Council as the governing body of the City of Weatherford, Texas finds that the creation of the Zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in municipality. SECTION 4. That the City Council as the governing body of the City of Weatherford, Texas finds that the creation of the Zone satisfies the requirements of Section 312.202 of the Tax Code. SECTION 5. That the City Council as the governing body of the City of Weatherford, Texas does hereby ordain and establish the following incentives for development within the Zone, and authorizes the City Manager or his or her designee to negotiate agreements effecting said incentives:

pg. 46

1. The City may enter into agreements waiving, reducing or amending fees related to the construction of buildings within the Zone, including fees relating to the construction of buildings and impact fees, provided that reducing or amending impact fees shall only be authorized for construction that meets the eligibility criteria established in the City’s Infill Development Policy; and

2. The City may enter into agreements, for a period of not more than ten (10) years, for

the purpose of benefiting the zone, for refunds of municipal sales tax on sales made within the zone; and

3. The City may enter into agreements abating municipal property taxes on property

within the Zone subject to the duration limits of Section 312.204 of the Tax Code; and

4. The City may enter into agreements establishing baseline performance standards,

such as the Energy Star Program as developed by the US Department of Energy, LEED Certification as developed by the US Green Building Council, or other similar programs to encourage the use of alternative building materials that address concerns relating to the environment or to the building costs, maintenance, or energy consumption.

SECTION 6. All ordinances or parts of ordinances in conflict with this ordinance shall be

hereby repealed to the extent of said conflict only. SECTION 7. If any section, subsection, paragraph, sentence, clause, phrase or word of

this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance and the City Council hereby declares that it would have passed such remaining portions despite such invalidity or unconstitutionality. The foregoing ordinance was introduced, read, approved, and passed by a vote of ____ ayes and ____ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the ____ day of _____________, 20____ and was read, approved, passed and adopted by a vote of ____ ayes and ____ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the ____ day of _____________, 20____. CITY OF WEATHERFORD, TEXAS Dennis Hooks, Mayor ATTEST:

pg. 47

Laura Simonds, City Secretary APPROVED AS TO FORM Ed Zellers, City Attorney

pg. 48

EXHIBIT A

North Side Empowerment Zone outlined in Red

N

pg. 49

pg. 50

• A recognized need to encourage investment of private resources in productive business enterprises and family housing units

• A desire to increase economic development in the north side area, as well as throughout the city

pg. 51

• Designates an area within the corporate boundaries of the City of Weatherford as a “Neighborhood Empowerment Zone”.

• Provides incentives for prospective and established businesses and residences within the District.

pg. 52

• The City may enter into agreements waiving, reducing or amending fees related to the construction of buildings within the Zone, including fees relating to the construction of buildings and impact fees;

pg. 53

• The City may enter into agreements, for a period of not more than ten (10) years, for the purpose of benefiting the Zone, for refunds of municipal sales tax on sales made within the zone;

pg. 54

• The City may enter into agreements abating municipal property taxes on property within the Zone subject to the duration limits of Section 312.204 of the Tax Code;

pg. 55

• The City may enter into agreements establishing baseline performance standards, such as the Energy Star Program as developed by the US Green Building Council, or other similar programs to encourage the use of alternative building materials that address concerns relating to the environment or to the building costs, maintenance, or energy consumption.

pg. 56


AGENDA REPORT

RS-041310-10 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Chief Mike Manning Agenda Item: RS-041310-10 E-mail: [email protected] Phone: 817-598-4320 SUBJECT: Receive a report, hold discussion and provide direction concerning trends that have developed

since extended hours alcohol sales became effective. BACKGROUND/DISCUSSION In November 2008 a city ordinance passed to permit alcohol sales in Weatherford. Part of the ordinance allowed extended hours alcohol sales. This report is to bring attention to concerning trends that have developed since the ordinance passed. This report will outline trends that have developed in 2009 when compared to the same time frame in 2008. Currently there are only two businesses that have received permits for extended hour sales. We anticipate as businesses move into Weatherford more and more of them will apply and receive extended hours sales permit which will compound these trends. FINANCIAL IMPACT This is only a report to inform Council of current trends and to seek guidance from Council. There is no financial Impact at this time. RECOMMENDATION This report is to enlighten council on the trends that have developed since extended hours alcohol sales started and to seek direction from council. Staff recommends the elimination of extended hour alcohol sales from the current ordinance. Attachments

• Power point presentation report

pg. 57

pg. 58

pg. 59

Public Intoxication

2008

• 2009

pg. 60

Public Intoxication

[] Before Midnight

• After Midnight

Before Midnight

ili

After Midnight

pg. 61

72

DWI Arrests

2008

I2009

213

0 200 400

pg. 62

Percentage of DWI Arrests Past Midnight

2009

2008

• 2009

2OO8 72

0 20 40 60 80 1 O0 120 140

pg. 63

/

pg. 64

//

/'

pg. 65

pg. 66

pg. 67

pg. 68

pg. 69

pg. 70

%

pg. 71

Buffalo Wild Wings

Before Midnight

• After Midnight

Cow Pony's

z Before Midnight

• After Midnight

pg. 72

pg. 73


AGENDA REPORT

RS-041310-11 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Jerry Blaisdell, City Manager Agenda Item: RS-041310-11 E-mail: [email protected] Phone: 817-598-4100 SUBJECT: Discuss and consider authorization for the City Secretary to request a Special Election to fill the

vacancy of City Council Place 2. BACKGROUND/DISCUSSION City Council Member James Hamilton resigned on March 23, 2010. Our Municipal Charter requires that in the event of a vacancy, if at the time it first occurs, there remains more than six months until the next regular election, (since filing and posting requirements for the May 8, 2010 ballot have passed, the next regular election for the City of Weatherford is May 14, 2011), a special election shall be called at the earliest opportunity to elect a successor to fill the remainder of the unexpired term. If a Special Election is required to be held on a date other than a uniform election date, the municipality must request permission from the Governor. FINANCIAL IMPACT A Special Election will need to be held to fill the vacancy. Cost to hold the election will be approximately $8,000.00. RECOMMENDATION Staff recommends authorization for the City Secretary to request a Special Election to fill the vacancy of City Council Place 2.

pg. 74



AGENDA REPORT

RS-041310-12 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Robert Hanna, Assistant City Manager

Agenda Item: RS-041310-12 E-mail: [email protected] Phone: 817-598-4130 SUBJECT: Receive a report, hold a discussion and take action, or provide staff direction on

amending the City of Weatherford Personnel Policy Manual by providing for a comprehensive wireless communications policy.

BACKGROUND: The City of Weatherford made changes to how it handles and implements cellular phones and other wireless communication devices as part of the budget reductions adopted earlier this fiscal year. This policy proposal before you tonight codifies those changes in the City of Weatherford’s Personnel Policy Manual and brings our written policy into compliance with recent court decisions regarding texting and driving. The policy is attached. FISCAL IMPACT The policy as written, reduced cellular phone operating expenditures by $20,000 in the general fund, and it’s continued use will allow for the prudent use of public funds while at the same time, accommodating operations. STAFF RECOMMENDATION: Staff recommends amending the personnel policy with the changes outlined above.

pg. 75

CITY OF WEATHERFORD WIRELESS COMMUNICATIONS POLICY

I. GENERAL POLICY STATEMENT It is the policy of the City of Weatherford to provide wireless communication devices in a manner most cost effective to the City of Weatherford to designated employees in order to improve productivity, enhance customer service to our citizens and customers, and to enhance public safety services. Decisions regarding the use of City wireless communication devices, which are not explicitly stated herein shall be left to the discretion of the City Manager or his/her designee. II. PRIVACY The City of Weatherford maintains the right of access and the right to disclose any and all messages communicated through electronic means when City owned equipment is used. Regardless of the intent of the message (business or personal), an employee has no right to privacy, or to the expectation of privacy concerning the content of any message or the intended destination of any message on City owned equipment. III. PROCEDURE A. Applicability This Policy and Procedure applies to all City employees, departments, and organizations. Departments which use a pool system for cellular telephones, or which have cellular telephones assigned to vehicles or positions instead of to individuals, may develop departmental policies and procedures and/or regulations which provide greater direction to their employees, as long as that direction is consistent with this policy. This policy includes City-owned cellular telephones, electronic paging devices, and other wireless personal communications devices, which are not directly connected to a telephone line. It does not apply to direct wired landline telephones. Throughout this policy, the terms cellular phone, pager, wireless device or other expressions are used to describe the use of City-owned wireless devices. For the purposes of this policy, unless otherwise specifically identified, all terms are interchangeable with each other. B. Eligibility for City-owned Wireless Device The City of Weatherford finds it necessary and in furtherance of the effective and efficient administration of the public’s business to require a City-owned cellular phone with voice and data functionality to all department director and above positions. In addition, the City may provide a cellular phone with voice, or with voice and data to

pg. 76

those employees required to be available at all times and if necessary and critical to the operations of the department as determined by the department director. C. Authorized Usage Option 1 - Employees who are eligible to receive a city-owned phone may elect to use the phone for personal calls provided that they share fifty (50%) percent of the monthly service charge associated with the cellular phone. This charge shall be deducted from their paycheck every pay period through automated payroll deductions. Option 2 - Employees who are eligible to receive a city-owned phone may elect not to use the device for personal business. Except in situations of an emergency, there are no exceptions to this requirement. In cases of emergency, the employee may use the phone for limited use, provided that the City is reimbursed one hundred (100%) percent of the costs associated with the personal use. Abuse of this option may result in the employee being required to share in the cost of the phone as outlined in Option 1 above, or disciplinary action up to and including termination. Option 3 – On a case-by-case basis and dependent upon the needs of the organization as determined solely by the City Manager, employees who are eligible to receive a city-owned phone may petition to use their personal phone for City business. Employees authorized to use this option will receive a monthly stipend not to exceed twenty-five ($25) dollars. D. Responsibilities of Department Heads Department Heads are responsible for:

1. Recommending requests for cellular telephones, electronic paging devices, and other wireless personal communications devices for their respective subordinates;

2. Insuring that requests are in conformance with the procedures outlined herein,

or that exceptions are justified;

3. Insuring that all persons within their department assigned a City-owned wireless device are provided access to a copy of this policy, and that the individual is in compliance with it;

4. Conducting annual reviews of assigned devices to determine if such

assignments continue to be justified; and

5. Informing appropriate employees responsible for City communications of all reassignments of cellular telephones, electronic paging devices, and other wireless personal communications devices.

E. Responsibilities of Employees

pg. 77

Employees who are assigned the use of City-owned wireless device are responsible for the following:

1. Insuring the physical security of such devices;

2. Insuring that all communications on such devices are kept to the briefest duration possible;

3. Insuring that any personal use does not detract from the employee’s

availability for completion of assigned duties; and

4. Depending on the employee’s selected authorized usage option, reimbursing the city for any personal calls sent or received at the rate established by the City Manager or his/her designee.

F. Use of Motorized Vehicles and Wireless Devices Employees who operate motor vehicles and use wireless devices shall exercise the utmost care and caution while using the device and operating a motor vehicle. Employees shall adhere to the following policies while operating a motor vehicle and using a wireless device:

1. Employees shall not text message or respond to email while operating a motor vehicle, unless the vehicle is stopped either by pulling over, or at a stop sign or traffic signal;

2. Employees shall obey all traffic laws while operating a motor vehicle, including the use of cellular phones in school zones;

3. Employees shall exercise extreme caution while dialing the cellular phone

while operating the motor vehicle, and shall seek opportunities to dial the cellular phone when the vehicle is stopped either by pulling over, or waiting for a stop sign or traffic signal to dial the cellular phone;

4. Employees are encouraged to use “hands free” and “voice dialing” when

available. Employees are responsible for and will be held accountable for safe driving at all times. G. Monitoring of Wireless Communications Supervisory reviews of wireless communications may be conducted for business reasons. Supervisors may review the communications of their employees to determine if there have been:

1. Breaches of security;

pg. 78

2. Violations of City policy; and/or

3. Misuse by an employee. H. Disclosure of Information The City will disclose the contents of retrievable wireless communications messages, upon receipt of a valid court order or legal request, including Public Information (open records) requests. The City may disclose the contents of retrievable wireless communication messages if the information will assist in official internal or criminal investigations. IV. EMPLOYEE CERTIFICATION I have read and understand the requirements stated above and agree to adhere to them.

DEPARTMENT:

AUTHORIZED USER:

SIGNATURE OF AUTHORIZED USER DATE

CELLULAR PHONE INFORMATION

SERIAL #: PHONE #: Note: Please keep a copy of this certificate for your records and send the original to the Human Resources Department.

pg. 79


AGENDA REPORT

RS-041310-13 Page 1 of 1

Meeting Date: April 13, 2010 Staff Contact: Jerry L. Blaisdell, City Manager Agenda Item: RS-041310-13 E-mail: [email protected] Phone: 817-598-4100 SUBJECT: Discuss and consider suspending the furlough plan for the remainder of this Fiscal Year. BACKGROUND/DISCUSSION During this year’s budget process, we adopted a 40 hour furlough for each employee as part of our budget reduction plan. Additionally, we indicated that as time progressed, we could either expand or reduce the number of furlough hours depending on revenue available. We are currently six months into our fiscal year and the first half of the furlough plan has been completed. Therefore, I would like to discuss the furlough plan for the last six months of this fiscal year. FINANCIAL IMPACT Currently, there are approximately 20 hours of furlough time left to be taken per employee at a cost of approximately $177,607 which breaks down to $126,952.50 for the General Fund, $48,723.50 for the Utility Fund, $553.50 for the HOT fund, and $1,377.50 for the Chandor Garden Fund. Our current General Fund balance is at 182.3 days of operations. It should be noted that we are coming to the time in the year when we reduce our fund balance as expenses exceed revenues for the rest of the year. If we were to transfer $177,607 from general fund balance to salaries, we could suspend the furloughs for the remainder of the year. This would reduce our general fund balance by 3.1 days, which is still higher than it has been in many years. RECOMMENDATION Staff respectfully requests City Council direction on this item. Attachments

• None

pg. 80


weatherford city council notice of meeting

Documents