A. 3. PRESENTATION 2. INVOCATION AND PLEDGE OF …

AGENDA

REGULARCITY COUNCIL MEETING

JUNE 19, 20176:00 P.M.

FATE CITY HALL1900 CD BOREN PARKWAY

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FATE WILL HOLD A REGULAR CITY COUNCIL MEETING AT 6:00 P.M. ON MONDAY, JUNE 19, 2017 AT FATE CITY HALL, 1900 CD BOREN PARKWAY, FATE, TEXAS, FOR THE FOLLOWING PURPOSES:

CALL TO ORDER AND CONFIRM A QUORUM

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS

PRESENTATION

Review And Discuss The Progress Made, Existing Status, And Continued Applicability Of The 2015 Comprehensive Plan

cp15 progress update - staff summary.pdf

CITIZEN COMMENTS

This Item Provides The Opportunity For Citizens To Address The City Council On Any Matter Whether Or Not It ’s Posted On The Agenda. However, In Accordance With The Texas Open Meetings Act, Section 551.041, The Council Cannot Discuss, Deliberate, Or Take Action On Matters Not Listed On The Agenda. At This Time The Council Will Receive Citizen Comments, And If Necessary, May Refer The Matter To City Staff For Research, Resolution Or Referral To Council On A Future Agenda. As Described In The City ’s Public Meeting Procedures, Comments Will Be Limited To Three (3) Minutes And The City Secretary Is Directed To Use A Timer For Such Purposes.

CONSENT AGENDA

Approval Of Minutes Of The Council Meeting Held June 5, 2017

2017.6.5.pdf

Approval Of Financial Report - May 2017

may 2017 financial report-20170612.pdf

Approval Of Resolution No. R-1455 -Finding That Oncor Electric Delivery Company LLC ’S ( “Oncor” Or “Company ”) Application To Change Rates Within The City Should Be Denied; Finding That The City ’s Reasonable Rate Case Expenses Shall Be Reimbursed By The Company; Finding That The Meeting At Which This Resolution Is Passed Is Open To The Public As Required By Law; Requiring Notice Of This Resolution To The Company And Legal Counsel.

staff summary oncor denial res 2017.pdf

ACTION ITEMS

Discuss, Consider, And Take Any Necessary Action Regarding Ordinance No. O-1673 -

Amending Appendix A, “Municipal Fee And Use Schedule,” Article I, “Animal Fees,” Of The City Of Fate Code Of Ordinances, To Amend The Title, Revise Certain Fees, And To Add Section 1.3 - Code Compliance, Providing Fees For Administrative Costs Incurred By The City In Enforcing The Terms And Provisions Of This Code; Providing A Savings Clause; Providing A Cumulative And Repealer Clause; Providing A Severability Clause; Providing For Publication; And Providing An Effective Date.

cwo escalated fee schedule - staff summary.pdf


Amending The Code Of Ordinances, Chapter 14, “Environment ”, Article III, “Junked, Wrecked, Abandoned Vehicles ”, To Revise Certain Terms, And Add Regulations For The Parking Of Motor Vehicles And Special Vehicles As A Separate Article; Providing For A Penalty, Savings, Severability And An Effective Date.

surface parking - staff summary.pdf

MAYOR, COUNCIL, AND CITY MANAGER REPORTS

Regarding Items Of Community Interest – Pursuant To Texas Government Code Section 551.0415 The Mayor, Council And City Manager May Report On The Following Items: (1)

Expression Of Thanks, Congratulations Or Condolences; (2) Information About Holiday Schedules; (3) Recognition Of Individuals; (4) Reminders About Upcoming City Council Events; (5) Information About Community Events; (6) Announcements Involving Imminent Threat To Public Health And Safety.

Mayor's Report

Council Reports

City Manager's Report

ADJOURNMENT

In addition to any executive session already listed above, the City Council of the City of Fate reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code for the following purposes:

§551.071 Consultations with Attorney

§551.072 Deliberations regarding Real Property

§551.074 Personnel Matters

§551.076 Deliberations regarding Security Devices

§551.087 Deliberations regarding Economic Development Negotiations

This building is wheelchair accessible. Any request for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary ’s Office at (972) 771-4601 Ext. 103 for further information.

I certify that the above NOTICE OF MEETING was filed and posted on the Bulletin Board at City

Hall, 1900 CD Boren Parkway, City of Fate, Texas on the 13th day of June, 2017, at 5:45 P.M. and remained so posted until removed as indicated below, pursuant to the Texas Open Meetings Act. This notice was likewise posted on the city website at www.cityoffate.com.

Victoria Raduechel, City Secretary

Removed from the Bulletin Board at City Hall on the ____ day of _________, 2017, by _______________________.

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AGENDA


JUNE 19, 20176:00 P.M.





PRESENTATION



CITIZEN COMMENTS


CONSENT AGENDA


2017.6.5.pdf





ACTION ITEMS










Mayor's Report

Council Reports


ADJOURNMENT












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AGENDA


JUNE 19, 20176:00 P.M.





PRESENTATION



CITIZEN COMMENTS


CONSENT AGENDA


2017.6.5.pdf





ACTION ITEMS










Mayor's Report

Council Reports


ADJOURNMENT












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http://www.cityoffate.com/

http://www.cityoffate.com/630e3214-5ec0-4dd8-853f-de1cdab8da45

Development Services Department Fate, TX

City Council Memorandum

To: Honorable Mayor Megyesi and Members of the Fate City Council

Cc: Michael Kovacs, City Manager; Vickey Raduechel, City Secretary; Brenda McDonald, City Attorney

From: Will Rugeley, Director of Planning & Development Services

Date: 19 June 2017

Agenda Item & Caption: Review and discuss the progress made, existing status, and continued applicability of

the 2015 Comprehensive Plan.

Staff Recommendation: N/A.

Options: N/A.

Overview and Background: At one- to three-year intervals, a periodic review of the Comprehensive Plan with respect to current conditions and trends should be performed. Such on-going, scheduled reevaluations will provide a basis for adjusting capital expenditures and priorities, and will reveal changes and additions which should be made to the Plan in order to keep it current and applicable long-term.

Upon conclusion of the reevaluation, items that appear to need specific attention should be examined in more detail, and changes and/or additions should be made accordingly. By such periodic reevaluations, the Plan will remain functional, and will continue to give staff and elected and appointed official’s effective guidance in decision-making. Periodic reviews of the Plan should include consideration of the following:

The City's progress in implementing the Plan;

Changes in conditions that form the basis of the Plan;

Community support for the Plan's goals and recommendations; &

Changes in State laws.

Financial Considerations: N/A

Supporting Documents (attached):

Exhibit A1. CP15 – Full Draft (can be found by clicking the below link) http://www.cityoffate.com/DocumentCenter/Home/View/88

http://www.cityoffate.com/DocumentCenter/Home/View/88

MINUTES OF THE REGULAR

CITY COUNCIL MEETING

JUNE 5, 2017

1. CALL TO ORDER AND CONFIRM A QUORUM

Mayor Megyesi called the meeting of the Fate City Council to order at 6:03 p.m. on the

5th day of June, 2017, in the Fate City Hall 1900 CD Boren Parkway, Fate, Texas.

City Secretary Victoria Raduechel confirmed the presence of a quorum.

Council Members Present:

Lorne Megyesi, Mayor

Nikki Robinson

Blake Buchanan,

Joe Burger, Mayor Pro Tem

David Billings

Steve Herrmann, Deputy Mayor Pro Tem

Council Members Absent:

Lance Megyesi

City Staff Present:

Michael Kovacs, City Manager

Justin Weiss, Assistant City Manager


Brian Griffeth, Director of Public Safety

Steve Gilbert, Building Official

Li Jen Lee, Finance Director

Will Rugeley, Director of Planning and Development Services

Misty Christian, City Engineer

Brenda McDonald, City Attorney

Michael Wright, IT Manager

2. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS

FLAGS

Brian Griffeth, DPS Director gave the invocation, after which the Council led the Pledge of Allegiance to the American and Texas Flags.

3. PRESENTATION

A. Streets Conditions Summary

City Engineer Misty Christian made a presentation on the City of Fate’s Pavement

Assessment Program reporting the purpose of the program is to:

Evaluate the existing street system within the City limits

Document existing condition of roadways

Summarize the results to be used for prioritization of roadway repairs and for

capital improvements planning.

Ms. Christian explained the pavement assessment process which involved driving all

the streets that were constructed prior to 2015 and documenting the street condition

based on the following rating system:

0 - No rating performed, shown for clarification (TxDot)

1 - Newly constructed, no improvement, not reviewed

2 - Good condition, minor crack sealing not urgent

3 - Acceptable condition, some base failures, crack sealing, ponding areas

4 - Fair condition, significant ponding, base failure, panel/road replacement, if

don’t repair will exacerbate the issue

5 - Poor Condition, safety hazard, full reconstruct

Ms. Christian presented the roadway condition summary and answered questions from

the Council related to the pavement assessment program.

City Manager Michael Kovacs assisted in answering questions from the Council

regarding street maintenance. Mr. Kovacs explained the long term capital improvement

plan includes street maintenance and stressed the importance of preventative

maintenance. Mr. Kovacs reported City staff will bring back options for addressing street

maintenance during a street strategy session at the June 17, 2017 Budget Workshop.

Discussion ensued among the Council, City Attorney, and City staff regarding a no truck

traffic ordinance and the maintenance bond period for newly constructed streets.

4. CITIZEN COMMENTS

This Item Provides The Opportunity For Citizens To Address The City Council On Any

Matter Whether Or Not It’s Posted On The Agenda. However, In Accordance With The

Texas Open Meetings Act, Section 551.041, The Council Cannot Discuss, Deliberate,

Or Take Action On Matters Not Listed On The Agenda. At This Time The Council Will

Receive Citizen Comments, And If Necessary, May Refer The Matter To City Staff For

Research, Resolution Or Referral To Council On A Future Agenda. As Described In The

City’s Public Meeting Procedures, Comments Will Be Limited To Three (3) Minutes And

The City Secretary Is Directed To Use A Timer For Such Purposes.

There were no citizens present wishing to speak.

5. CONSENT AGENDA

A. Approval Of Minutes Of The Council Meeting Held May 15, 2017

B. Discuss And Consider Resolution No. R-1452 - Authorizing City Manager To

Execute A Development Agreement Between The City Of Fate And Tomas And

Maria Jiminez, The Owners Of A Tract Of Land Known As Rockwall CAD

Property ID 33939 Located At 1413 Blackland Road; And Being An Approximate

13.0 Acre Tract Of Land Described As Lot 5, Windy Hill Estates Addition,

Rockwall County, Texas, And Authorizing The City Manager To Sign Same.

C. Discuss And Consider Resolution No. R-1453 - Approving A Final Plat For 37

Residential Lots In The Woodcreek Subdivision Known As The Reserve At

Chamberlain Crossing, Phase 2, Containing 10.678 Acres Situated In The James

R. Briscoe Survey, Abstract No. 42, City Of Fate, Rockwall County, Texas.

City Engineer Misty Christian answered questions from the Council related to drainage

associated with Chamberlain Crossing.

Council Member Herrmann made a motion to approve the consent agenda, as

presented.

Council Member Burger seconded the motion.

There was no discussion and the vote on the motion was as follows:

Ayes: Mayor Megyesi and Council Members Robinson, Buchanan, Burger, Billings, and

Herrmann.

Nays: None

Mayor Megyesi declared the motion carried unanimously.

6. PUBLIC HEARINGS/ACTION ITEMS

A. Discuss, Consider, And Take Any Necessary Action Regarding A Zoning

Request Submitted By Jo Ann Buis - To Zone 4.10 Acres From Agricultural

District To Planned Development District For Rural Residential Zoning District

Uses And Altered Development Standards For A Single-Family Residential

Dwelling On Property Located On The North Side Of Prince Ln. Approximately

3,500 Feet West Of The Prince Ln. And Hwy 66 Intersection, Rockwall CAD

Property ID 27021. Case ZR-17-001.

1. Staff Report And Presentation

Director of Planning and Development Services Will Rugeley provided a brief overview

of the application reporting the application seeks to establish PD zoning for the purpose

of constructing a single-family residence so that the applicant is in close proximity to

family for daily and emergency assistance (applicant’s daughter and son-in-law reside in

existing house located directly south of subject property). The reason a PD is requested

is due to the fiscal impacts of adhering to the base district masonry (70%) and driveway

requirements (concrete) and also to authorize existing livestock to lawfully remain. Mr.

Rugeley answered questions from the Council related to the zoning application.

Mr. Rugeley reported the 2015 Comprehensive Plan identifies the subject tract as

“Rural Density” intended for single-family homes on lots typically five or more acres in

size. Notification was published and property owners were notified in accordance with

Texas LGC Chapter 211. Within the 200’ notification area there are five properties. No

correspondence was received in either support of or opposition to the application.

Mr. Rugeley reported the Planning and Zoning Commission and Staff recommend

conditional approval based upon the following conditions:

(1) 30% masonry requirement on the front and side walls;

(2) Minimum 8:12 roof pitch;

(3) Gutters on all sides;

(4) Arched or browed windows on front façade;

(5) Garage and/or carport if facing Prince Ln. shall be setback a minimum 15’ from front

facade;

(6) Front yard minimum setback of 20’ (instead of 50’); and

(7) Accessory structure architectural requirements.

Mr. Rugeley reported the applicant did a great job with the zoning application and

answered questions from the Council related to such.

2. Applicant Presentation

Jo Ann Buis, 790 Prince Lane, spoke to the Council and explained she hopes to build a

home at this address. Ms. Buis stated Mr. Will Rugeley was very helpful during this

process. Ms. Buis explained she never thought she would be in this situation having to

build a house but she is recently divorced and disabled. Ms. Buis explained the house

will be constructed almost completely behind her daughters existing home. Ms. Buis

stated she wants to build a nice home to live in for the rest of her life and pass it on to

the family when she is gone.

3. Public Hearing

Mayor Megyesi opened the public hearing at 7:04 p.m.

There were no citizens present wishing to speak.

Mayor Megyesi closed the public hearing at 7:05 p.m.

4. Discuss, Consider, And Take Any Necessary Action Regarding

Ordinance No. O-1761 - Amending The Comprehensive Zoning Ordinance

And Changing The Zoning Classification From Agricultural (AG) To

Planned Development District (PD) For Rural Residential (R-2) District

Uses With Altered Development Standards For A Maximum Of One

Residential Lot On Approximately 4.101 Acres Of Land Located

Approximately 3,500 Feet West Of The Prince Lane And Hwy 66

Intersection, Rockwall Cad Property ID 27021; Amending The Official

Zoning Map; Providing A Penalty Up To $2,000 Per Day; Providing For

Savings, Severability And An Effective Date.

Council Member Billings made a motion to approve Ordinance No. O-1761 – Amending

The Comprehensive Zoning Ordinance And Changing The Zoning Classification From

Agricultural (AG) To Planned Development District (PD) For Rural Residential (R-2)

District Uses With Altered Development Standards For A Maximum Of One Residential

Lot On Approximately 4.101 Acres Of Land Located Approximately 3,500 Feet West Of

The Prince Lane And Hwy 66 Intersection, Rockwall Cad Property ID 27021; Amending

The Official Zoning Map; Providing A Penalty Up To $2,000 Per Day; Providing For

Savings, Severability And An Effective Date.

Council Member Robinson seconded the motion.



Herrmann.

Nays: None


7. ACTION ITEMS

A. Discuss, Consider, And Take Any Necessary Action Regarding Resolution No.

R-1454 - Selecting SC TS Investments, LLC As The Developer Selected

Through Rfp No. 16-01 For The Privatization And Redevelopment Of

Approximately .402 Acres Of Land Located On The Northwest Corner Of Brown

Ave. And E. Fate Main Place In The City Of Fate, Texas; Approving An

Economic Development Agreement Between City Of Fate And SC TS

Investments, LLC; Authorizing The Mayor To Execute The Agreement And

Providing An Effective Date.

Assistant City Manager Justin Weiss explained the City owns property with a metal

building in the downtown area across the street from the DPS Station. Last year the

Council discussed options for redeveloping the downtown area and directed staff to

prepare and publish a Request for Proposals for the privatization and redevelopment of

the City owned property in downtown. The Request for Proposal was issued and a pre-

submittal conference was held. One development team attended the pre-submittal

conference. The Request for Proposal deadline was extended as no applications were

received by the original deadline. Staff received one complete application from SC TS

Investments, LLC. This was the same group that attended the pre-submittal

conference. Another individual expressed interest in the project but he did not attend

the pre-submittal conference and he did not submit a complete application.

Mr. Weiss explained after reviewing the proposal and qualifications of SC TS

Investments, LLC, City staff believes the SC TS Investments team has the qualifications

to create a high-quality mixed-use development in downtown Fate. Mr. Weiss reported

City staff recommends the Council select SC TS Investments, LLC as the winner of the

Request for Proposal for the privatization and redevelopment of the downtown property

and approve an economic development incentive agreement.

Mr. Weiss reviewed the following deal points from the proposed economic development

incentive agreement:

Developer shall design and build a high-quality, 3-story mixed-use building with ground floor retail and restaurant space, and approximately 8,000 square feet in size.

Developer shall commence construction of the Project not later than January 1, 2018.

Developer shall assist with the removal or relocation of the existing public works building.

Developer shall complete construction of the Project no later than December 31, 2018.

City will initiate rezoning of the Property in accordance with the requirements for the Downtown District regulations set forth in the new UDO by July 1st, 2017.

City will convey the Property to the Developer by Special Warranty Deed.

City will waive Project-related development fees including utility connection fees; roadway, water and wastewater impact fees; city engineering fees; zoning and platting application fees; and all other city-related development fees for the construction of the Project.

City will relocate, at its expense, the utility poles on Main Street from FM551 to

Brown Avenue by December 31, 2018.

City will construct roadway, parking, streetscape and landscape improvements to

Main Street from FM 551 to Brown Avenue by December 31, 2018.

Mr. Weiss and City Attorney Brenda McDonald answered questions from the Council

regarding the economic development incentive agreement. Discussion ensued among

the Council and City staff regarding moving the existing metal building to another city

property for future use.

Mayor Megyesi explained this is a great opportunity and further explained when the

Council was elected the development of the downtown area was selected as one of the

five year goals. Council Member Robinson expressed excitement for the downtown

project and agreed that the project is a great opportunity to accomplish the goal set by

the Council.

Scott Clements and Tim Moore of SC TS Investments, LLC introduced themselves to

the Council and provided a brief overview of their experience.

Council Member Robinson made a motion to approve Resolution No. R-1454 -

Selecting SC TS Investments, LLC As The Developer Selected Through Rfp No. 16-01

For The Privatization And Redevelopment Of Approximately .402 Acres Of Land

Located On The Northwest Corner Of Brown Ave. And E. Fate Main Place In The City

Of Fate, Texas; Approving An Economic Development Agreement Between City Of Fate

And SC TS Investments, LLC; Authorizing The Mayor To Execute The Agreement And

Providing An Effective Date.




Herrmann.

Nays: None


B. Discuss, Consider, And Take Any Necessary Action Regarding Ordinance No.

O-1762 - Declaring The Public Necessity For The Provision Of Adequate

Neighborhood And Community Park And Recreation Facilities, Approving A Park

And Recreation Improvements Plan (Including A Parks And Trails Master Plan

And An Approved Project List), Approving Park Districts Within The City And

Approving The Levy Of A Park Development Fee And Park Dedication

Requirements For The Development Or Redevelopment Of Residential Property

In Each Park District.

City Manager Michael Kovacs reported City staff and the Parks Board launched the

Park Dedication Fees project and the ordinance sections are included in Article X of the

Unified Development Ordinance (UDO). At the May 1, 2017 Council Meeting, the

Council was briefed on the ordinance and projects list and staff incorporated Council

comments. City staff have taken the projects list and made further revisions to show the

creation of three distinct zones and the ability for certain projects of citywide significance

to qualify for partial funding from each zone. Mr. Kovacs reported although this has

turned out to be a longer process than anticipates, this is a great model ordinance that

provides flexibility and protections.

Kevin Shepherd, Project Director of Verdunity, Inc., provided an overview of the

proposed ordinance and answered questions from the Council regarding the same. City

Attorney Brenda McDonald assisted Mr. Shepherd with answering questions from the

Council.

Council Member Billings made a motion to approve Ordinance No. O-1762, as

presented.




Herrmann.

Nays: None


C. Discuss, Consider, And Take Any Necessary Action Regarding A Unified

Development Ordinance Regulating The Subdivision Of Property, Uses,

Structures, And Signage And Providing For Development Standards Of The

Same.

City Manager Michael Kovacs explained the Unified Development Ordinance (UDO) is

still in legal review and this agenda item was brought forth as an opportunity to discuss

different elements of the ordinance and the feedback received from the Planning and

Zoning Commission.

Director of Planning and Development Services Will Rugeley reported the process by

which the Planning and Zoning Commission reviewed the UDO and provided

recommendations for changes. All of the recommended changes were incorporated into

the draft ordinance.

Kevin Shepherd, Project Director of Verdunity, Inc., provided an overview of the process

for developing the UDO. Mr. Shepherd reported great feedback was provided by the

Planning and Zoning Commission, City Attorney, Council, Staff, and Mr. Jim Wills.

Jim Wills, 6022 Club Oaks Place, expressed appreciation to the Council for the

opportunity to visit with the Council regarding the proposed Unified Development

Ordinance. Mr. Wills referenced a memo he sent to the Council via Assistant City

Manager Justin Weiss and reviewed the memo with the Council. Said memo is found

below:

“Mr. Justin Weiss and members of the City Council,

After many hours of studying the proposed Unified Development Ordinance for the City of Fate, I

have many concerns relative to the amount of information covered in one document, the amount

of interpretive language upon which planning and zoning decisions may be made, the

unnecessary detail the document covers and the potential creation of a non-competitive

development environment as compared to other surrounding markets.

Having stated that, there are many good aspects contained within the document that, if reduced

to reasonable detail and application, would create the proper guidance, on a case-by-case basis,

for future quality development that staff is trying to achieve. The explicit detail for each property-

specific development would then be resolved on a property-by-property basis through which the

city has the opportunity to require specific guidelines.

I do understand the intent of the thought behind the development of this document. The desire for

organized, high quality neighborhoods and commercial development is certainly supported by our

ownership and is how we intend to plan and develop our property. I have been involved in the

planning and development of CityLine in Richardson that is form based code in a location where

this land use is intended. It is infill, has mass transit and is at the intersection of two major

highways. We, the owners initiated the zoning, not the municipality.

We have been very patient while this process has been ongoing and we have tried to work with

the city in the past for various uses including donating property for the city hall. And we will

continue to do so.

I will continue to work with staff and their consultants to provide input that hopefully achieves a

meaningful document that will address the city's needs but does not create a competitive

disadvantage for quality development when compared to other neighboring markets.

Jim Wills

5054 Development

14160 North Dallas Pkwy Suite 750

Dallas, Texas 75254”

Mr. Wills expressed concern and adamantly disagreed with having a portion of their

property designated as a community park. Mr. Wills explained it is not right for a city to

declare 15% of your property is designated for a community park. Mr. Wills pointed out

conflicts throughout the document and stated the document needs more thought and

should be simplified by removing the large amount of cross references throughout.

City Attorney Brenda McDonald explained in most cities there are separate ordinances

pertaining to subdivision, zoning, signage, etc. The proposed UDO puts regulations all

in one document and the cross-references are made to be helpful, not harmful.

Discussion ensued regarding the timeline for the next draft of the UDO. It was the

consensus that all Council comments be provided to Mr. Shepherd by June 9th and Mr.

Shepherd will provide the City Attorney with a final copy for review by June 16th.

8. MAYOR, COUNCIL, AND CITY MANAGER REPORTS

Regarding Items Of Community Interest – Pursuant To Texas Government Code

Section 551.0415 The Mayor, Council And City Manager May Report On The Following

Items: (1) Expression Of Thanks, Congratulations Or Condolences; (2) Information

About Holiday Schedules; (3) Recognition Of Individuals; (4) Reminders About

Upcoming City Council Events; (5) Information About Community Events; (6)

Announcements Involving Imminent Threat To Public Health And Safety.

A. Mayor's Report

Mayor Megyesi announced a Budget Workshop will be held June 17th at City Hall. The

Budget workshop will give direction and insight for budget. Council Member Robinson

said she is unable to attend.

B. Council Reports

Council Member Robinson reminded everyone that school is out for summer and urged

everyone to slow down and watch for kids.

Council Member Buchanan urged everyone to be careful when traveling on the highway

due to the recent accidents that took place on IH-30.

Council Member Burger reported many families take vacation during the summer and

urged everyone to keep an eye out for your neighbor’s property.

C. City Manager's Report

City Manager Michael Kovacs reported the following meetings:

Parks and Recreation Board Meeting – June 6, 2017 at 6:00 p.m.

9. EXECUTIVE SESSION: IN ACCORDANCE WITH TEXAS GOVERNMENT CODE,

SECTION 551.001, ET SEQ., THE CITY COUNCIL WILL RECESS INTO EXECUTIVE

SESSION (CLOSED MEETING) TO DISCUSS THE FOLLOWING:

A. In Accordance With Texas Government Code, Section 551.071, Consultation

With Attorney On A Matter In Which The Duty Of The Attorney To The

Governmental Body Under The Texas Disciplinary Rules Of Professional

Conduct Of The State Bar Of Texas Clearly Conflicts With The Texas Open

Meetings Act:

1. To Receive Legal Advice Regarding Montarra Development

B. In Accordance With Texas Government Code, Section 551.087, To Discuss

Or Deliberate Regarding Commercial Or Financial Information That The City Has

Received From A Business Prospect That The City Seeks To Have Locate, Stay,

Or Expand In Or Near The Territory Of The City Of Fate And With Which The

City Is Conducting Economic Development Negotiations; And To Deliberate The

Offer Of A Financial Or Other Incentive To The Business Prospect:

1. Mixed Use Development Project Located At The Northwest Corner Of

FM 551 And Interstate 30

2. Mixed Use Development Project Located At The Northeast, Southeast,

And Southwest Corners Of FM 551 And Interstate 30

3. Project DT/PW

4. Brookshire's

C. In Accordance With Texas Government Code, Section 551.074: To Deliberate

The Appointment, Employment, Evaluation, Reassignment, Duties, Discipline, Or

Dismissal Of A Public Officer Or Employee:

1. City Manager

The items were read and Mayor Megyesi recessed the meeting at 8:40 p.m. and

convened Executive Session at 8:43 p.m.

10. RECONVENE INTO REGULAR SESSION: IN ACCORDANCE WITH TEXAS

GOVERNMENT CODE, CHAPTER 551, THE CITY COUNCIL WILL RECONVENE

INTO REGULAR SESSION TO CONSIDER ACTION, IF ANY, ON MATTERS

DISCUSSED IN EXECUTIVE SESSION

The Executive Session was adjourned at 9:45 p.m. and Mayor Megyesi reconvened the meeting of the City Council at 9:47 p.m.

Action taken on items discussed in Executive Session was as follows:

9A. In Accordance With Texas Government Code, Section 551.071, Consultation

With Attorney On A Matter In Which The Duty Of The Attorney To The

Governmental Body Under The Texas Disciplinary Rules Of Professional

Conduct Of The State Bar Of Texas Clearly Conflicts With The Texas Open

Meetings Act:

1. To Receive Legal Advice Regarding Montarra Development

No action was taken on this item.

9B. In Accordance With Texas Government Code, Section 551.087, To Discuss

Or Deliberate Regarding Commercial Or Financial Information That The City Has

Received From A Business Prospect That The City Seeks To Have Locate, Stay,

Or Expand In Or Near The Territory Of The City Of Fate And With Which The

City Is Conducting Economic Development Negotiations; And To Deliberate The

Offer Of A Financial Or Other Incentive To The Business Prospect:

1. Mixed Use Development Project Located At The Northwest Corner Of

FM 551 And Interstate 30


2. Mixed Use Development Project Located At The Northeast, Southeast,

And Southwest Corners Of FM 551 And Interstate 30


3. Project DT/PW


4. Brookshire's


9C. In Accordance With Texas Government Code, Section 551.074: To

Deliberate The Appointment, Employment, Evaluation, Reassignment, Duties,

Discipline, Or Dismissal Of A Public Officer Or Employee:

1. City Manager

Council Member Herrmann made a motion to increase the City Manager’s annual salary

by 7% effective the next pay period and provide a $12,000 retention bonus payable the

last pay period of the fiscal year.




Herrmann.

Nays: None


11. ADJOURNMENT

There was no further business before the Council and Council Member Burger moved to adjourn. Council Member Robinson seconded the motion. There was no discussion and the vote on the motion was as follows: Ayes: Mayor Megyesi and Council Members Megyesi, Buchanan, Burger, and

Herrmann.

Nays: None

Abstain: Council Member Billings

Mayor Megyesi declared the motion carried and the meeting adjourned at 9:48 p.m.

APPROVED BY THE CITY COUNCIL ON THIS THE 19th DAY OF JUNE, 2017. APPROVED:

ATTEST: __________________________ Lorne Megyesi, Mayor ______________________________ Victoria Raduechel, City Secretary

To: Mayor & City Council

From: Michael Kovacs, City Manager

Date: June 13, 2017

Agenda Item: Denial Resolution for Oncor Rate Case.

Action Requested: Approval of the resolution.

Prior Action: In early April, the Council moved to suspend the rate increase request by Oncor to give the Committee of Cities served by Oncor (OCSC, “the coalition” or the “Steering Committee”), time review the rate increase request submitted by Oncor. Although Oncor has increased rates many times over the past few years, this is the first comprehensive base rate case for the company since January, 2011. The City has performed oversight of the electrical grid system’s company, Oncor, via the Steering Committee of Cities served by Oncor (OCSC, “the coalition” or the “Steering Committee”). We have worked to understand and negotiate rate increases with Oncor through the coalition in the past. The City of Fate is a member of a 156-city coalition known as the Steering Committee of Cities Served by Oncor ("Steering Committee"). The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s when cities served by the former TXU gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 30 years. A list of the member cities in included.

Overview and Background: On March 17, 2017, Oncor filed an application to change rates with cities retaining original jurisdiction, to include the City of Fate. In the filing, the Company seeks to increase system-wide transmission and distribution rates by $317 million or approximately 7.5% over present revenues. The Company asks the City to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates. If approved, a residential customer using 1000 kWh per month would see a bill increase of about $6.68 per month.

In March, the Steering Committee engaged the services of three consultants, Mr. Lane Kollen, Mr. Richard Baudino, and Mr. Karl Nalepa, to review the Company’s filing. The consultants identified numerous unreasonable expenses and propose significant reductions to the Company’s request. Accordingly, the Steering Committee’s attorneys recommend that all members adopt the Resolution denying the rate change. Once the Resolution is adopted, Oncor will have 30 days to appeal the decision to the Public Utility Commission of Texas where the appeal will be consolidated with Oncor’s filing (i.e. PUC Docket No. 46957) currently pending at the Commission.

Under the law, cities with original jurisdiction over this matter have 125 days from the initial filing to take final action on the application. By the agreement of the parties, this deadline was suspended until August 19, 2017. The City of Fate will need to adopt the denial resolution by August 19, 2017.

Financial Considerations: A $7 per month increase to our citizens’ bills must be mitigated.

Supporting Documents: Denial Resolution & List of Steering Committee of Cities served by Oncor

(“the coalition”)

7371306.1 1

RESOLUTION NO. ______________

A RESOLUTION OF THE CITY OF FATE, TEXAS

FINDING THAT ONCOR ELECTRIC DELIVERY

COMPANY LLC’S (“ONCOR” OR “COMPANY”)

APPLICATION TO CHANGE RATES WITHIN THE CITY

SHOULD BE DENIED; FINDING THAT THE CITY’S

REASONABLE RATE CASE EXPENSES SHALL BE

REIMBURSED BY THE COMPANY; FINDING THAT THE

MEETING AT WHICH THIS RESOLUTION IS PASSED IS

OPEN TO THE PUBLIC AS REQUIRED BY LAW;

REQUIRING NOTICE OF THIS RESOLUTION TO THE

COMPANY AND LEGAL COUNSEL.

WHEREAS, the City of Fate, Texas (“City”) is an electric utility customer of Oncor

Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an

interest in the rates and charges of Oncor; and

WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor

(“Steering Committee”), a coalition of similarly situated cities served by Oncor that have joined

together to efficiently and cost effectively review and respond to electric issues affecting rates

charged in Oncor’s service area; and

WHEREAS, on or about March 17, 2017, Oncor filed with the City an application to

increase system-wide transmission and distribution rates by $317 million or approximately 7.5%

over present revenues. The Company asks the City to approve an 11.8% increase in residential

rates and a 0.5% increase in street lighting rates; and

WHEREAS, the Steering Committee is coordinating its review of Oncor’s application

and working with the designated attorneys and consultants to resolve issues in the Company’s

filing; and

WHEREAS, through review of the application, the Steering Committee’s consultants

determined that Oncor’s proposed rates are excessive; and

WHEREAS, the Steering Committee’s members and attorneys recommend that members

deny the Application; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF FATE, TEXAS:

Section 1. That the rates proposed by Oncor to be recovered through its electric rates

charged to customers located within the City limits, are hereby found to be unreasonable and

shall be denied.

7371306.1 2

Section 2. That the Company shall continue to charge its existing rates to customers

within the City.

Section 3. That the City’s reasonable rate case expenses shall be reimbursed in full

by Oncor within 30 days of the adoption of this Resolution.

Section 4. That it is hereby officially found and determined that the meeting at which

this Resolution is passed is open to the public as required by law and the public notice of the

time, place, and purpose of said meeting was given as required.

Section 5. That a copy of this Resolution shall be sent to Oncor, Care of Howard

Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas

75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle

& Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.

PASSED AND APPROVED this 19th

day of June, 2017.

_________________________________

Mayor

ATTEST:

__________________________________

City Secretary

APPROVED AS TO FORM:

___________________________________

City Attorney

STEERING COMMITTEE CITIES SERVED BY ONCOR (159) (highlighted ceded OJ)

Addison Farmers Branch North Richland Hills

Allen Fate NorthlakeAlvarado Flower Mound Oak LeafAndrews Forest Hill Oak Point

Anna Fort Worth Odessa

Archer City Frisco O'Donnell

Argyle Frost OvillaArlington Gainesville Palestine

Azie Garland PantegoBedford Glenn Heights Paris

Bellmead Grand Prairie Piano

Helton Granger Pottsboro

Benbrook Grapevine ProsperBeverly Hills Haltom City RangerBig Spring Harker Heights Red Oak

Breckenridge Haslet Rhome

Bridgeport Heath Richardson

Brownwood Henrietta RichlMdBuffalo Hewitt Richland Hills

Burkburnett Highland Park River Oaks

Burleson Honey Grove Roanoke

Caddo Mills Howe Robinson

Cameron Hurst Rockwall

Canton Hutto Rosser

Carrol Iton Iowa Park Rowlett

Cedar Hill Irving Sachse

Celina Jolly SaginawCenterville Josephine Sansom Park

Clebume Justin SeagovilleCoahoma Kaufman Sherman

Colleyville Keene SnyderCojlinsyille Keller Southlake

Colorado City Kennedale SpringtownComanche Kerens StephenvilleCommerce Killeen Sulphur SpringsCoppell Kmm SunnyvaleCopperas Cove Lake Worth Sweetwater

Corinth Lakeside TempleCross Roads Lamesa Terrell

Crowley Lancaster The ColonyDallas Lewisville Trophy ClubDal worthington Gardens Lindale TylerDeLeon Little Elm University ParkDe Soto Little River Academy Venus

Denison Malakoff Waco

Duncanville Mansfield WataugaEarly McKinney Waxahachie

Eastland Mesquite Westover Hills

EdgecliffVillage Midland White Settlement

Ennis Midlothian Wichita Falls

Euless Murchison Willow Park

Eyerman Murphy WoodwayFairview New Chapel Hill Wylie

I669/I«/736S448

JMC

Highlight

Alvarado

JMC

Highlight

Anna

JMC

Highlight

Argyle

JMC

Highlight

Buffalo

JMC

Highlight

Caddo Mills

JMC

Highlight

Cameron

JMC

Highlight

Canton

JMC

Highlight

Centerville

JMC

Highlight

Cojlinsyille

JMC

Highlight

Comanche

JMC

Highlight

Corinth

JMC

Highlight

Crowley

JMC

Highlight

EdgecliffVillage

JMC

Highlight

Eyerman

JMC

Highlight

New Chapel Hill

JMC

Highlight

Murchison

JMC

Highlight

Malakoff

JMC

Highlight

Lakeside

JMC

Highlight

Kmm

JMC

Highlight

Kerens

JMC

Highlight

Kaufman

JMC

Highlight

Justin

JMC

Highlight

Josephine

JMC

Highlight

Rosser

JMC

Highlight

RichlMd

JMC

Highlight

Rhome

JMC

Highlight

Ranger

JMC

Highlight

Ovilla

JMC

Highlight

Oak Leaf

JMC

Highlight

Northlake

JMC

Highlight

Frost

JMC

Highlight

Granger

JMC

Highlight

Hewitt

JMC

Highlight

Honey Grove

JMC

Highlight

Hutto

JMC

Highlight

olly

JMC

Highlight

J

JMC

Highlight

Venus

JMC

Highlight

Terrell

JMC

Highlight

Springtown






Date: 19 June 2017

Agenda Item & Caption: Discuss, consider, and take any necessary action regarding an ordinance amending

the Municipal Fee Schedule, Article I, to amend the title and certain fees, and to add a new section providing

fees for administrative costs incurred by the City in enforcing the Code of Ordinances.

Staff Recommendation: Approval.

Options: Approve; Approve with conditions; Deny; or Table.

Overview and Background: It’s critical to note that this ordinance is not likely to see extensive application and is not intended to punish citizens who 99 percent of the time maintain compliance with Fate’s nuisance ordinances. It’s important to also understand that the preparation of any work order is not done arbitrarily nor without due diligence. Said due diligence prior to work order issuance includes – (1) courtesy notice left at door; (2) notice of violation deposited in mail; (3) effort to locate property owner and/or responsible party contact information; (4) effort to contact; (5) typically, the granting of extensions (if contact achieved); and finally, if the property remains in violation (6) issuance of a work order. This ordinance is instead intended to motivate those citizens who regularly allow their property to come into violation. To evidence the habitual nature of only a few, over the last 38-months (April 2014), high-grass work orders have been issued a total of 93 times. Of those 93 work orders, 61 are reoccurring violations at just 22 properties.

Financial Considerations: Using the proposed ordinance and extrapolating the 61 occurrences at the 22 properties, administrative fees would have increased $5,600.


Exhibit A1. Ordinance Approving Amendment to Article I;

Exhibit A2. Article I, Existing Fees; &

Exhibit A3. Spreadsheet of Work Order Reoccurrences.

Ordinance No. O-___________ (Escalated CWO Admin Fees) Page 1

ORDINANCE NO. O-____________

AN ORDINANCE OF THE CITY OF FATE, TEXAS, AMENDING

APPENDIX A, “MUNICIPAL FEE AND USE SCHEDULE,” ARTICLE I,

“ANIMAL FEES,” OF THE CITY OF FATE CODE OF ORDINANCES, TO

AMEND THE TITLE, REVISE CERTAIN FEES, AND TO ADD SECTION

1.3 - CODE COMPLIANCE, PROVIDING FEES FOR ADMINISTRATIVE

COSTS INCURRED BY THE CITY IN ENFORCING THE TERMS AND

PROVISIONS OF THIS CODE; PROVIDING A SAVINGS CLAUSE;

PROVIDING A CUMULATIVE AND REPEALER CLAUSE; PROVIDING

A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND

PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Fate (the “City”) is a home rule city acting under its charter

adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter

9 of the Local Government Code; and

WHEREAS, the City Council of the City of Fate (“City Council”) previously adopted its

Municipal Fee and Use Schedule pursuant to all the requirements of state law and local ordinances;

and

WHEREAS, the current schedule does not include a mechanism to reimburse the City for

the administrative cost that it incurs regarding each code compliance incident; and

WHEREAS, the City Council has determined that it is in the best interests of the City to

amend the Municipal Fee and Use Schedule to include these costs, and such reimbursement will

promote the health, safety, and welfare of the citizens of the City of Fate and the general public;

and

WHEREAS, the City Council desires to amend the Municipal Fee and Use Schedule to

reflect the charges which may be assessed to recover the costs incurred by the City to provide

services.


OF FATE, TEXAS, THAT:

Section 1. Findings Incorporated. The findings set forth above are incorporated into the body

of this ordinance as if fully set forth herein.


Section 2. Appendix A, “Municipal Fee and Use Schedule”, Article 1, “Animal Fees”, of the Fate

Code of Ordinances is hereby amended to read in its entirety as follows:

ARTICLE 1. – CODE COMPLIANCE FEES

Sec. 1.1. - Animal Registration.

(1) One-time animal registration fee, per animal.....$5.00

(2) Dangerous animal registration fee.....$50.00

Sec. 1.2. – Animal Control.

(1) First impoundment in 12 months (includes surrender fee per animal).....$20.00 plus

$3.00 per day

(2) Second impoundment in 12 months.....$35.00 plus $3.00 per day

(3) Third impoundment in 12 months.....$50.00 plus $3.00 per day

(4) Animal traps.....$50.00 deposit

(5) Dangerous dog registration.....$50.00 per year

Sec. 1.3. – Code Compliance.

(1) Abatement of weeds, nuisance, etc. administrative fee (1st occurrence per anniversary

year)…. $100.00 plus cost of abatement

(2) Abatement of weeds, nuisance, etc. administrative fee (2nd occurrence per

anniversary year)…. $200.00 plus cost of abatement

(3) Abatement of weeds, nuisance, etc. administrative fee (3rd or more occurrence per

anniversary year)…. $300.00 plus cost of abatement

(4) Recording Fee. Fee for lien and other required documents that the City will file with

Rockwall County…..$34.00 for the first page and $4.00 for each additional page

Section 3. Savings Clause. Save and except as amended by this ordinance, all ordinances of the

City of Fate, Texas, shall remain in full force and effect.

Section 4. Cumulative/Repealer Clause. This Ordinance shall be cumulative of all provisions

of state or federal law and other ordinances of the City of Fate, Texas, except where the provisions

of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the

conflicting provisions of such ordinances are hereby repealed.

Section 5. Severability Clause. Should any section, subsection, sentence, clause or phrase of

this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is

expressly provided that any and all remaining portions of this Ordinance shall remain in full force

and effect. Fate hereby declares that it would have passed this Ordinance, and each section,

subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections,

subsections, sentences, clauses and phrases be declared unconstitutional or invalid.


Section 6. Effective Date. This ordinance shall take effect immediately from and after its

passage.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Fate, Texas, on this

the 19th day of June, 2017.


ATTEST:

___________________________________



___________________________________

Brenda N. McDonald, City Attorney

6/8/2017 Fate, TX Code of Ordinances

https://library.municode.com/tx/fate/codes/code_of_ordinances?nodeId=SPBLADERE_APXAMUFEUSSC 1/1

ARTICLE I. ANIMAL FEES

Sec. 1.1. Registration.

(1)

Onetime animal registraton fee, per animal ..... $5.00

(2)

Dangerous animal registration fee ..... 50.00

Sec. 1.2. Animal control/code compliance.

(1)

Property lien preparation/filing administrative fee ..... $100.00 plus filing fee

(2)

First impoundment in 12 months (includes surrender fee per animal) ..... 20.00 plus $3.00 per day

(3)

Second impoundment in 12 months ..... 35.00 plus $3.00 per day

(4)

Third impoundment in 12 months ..... 50.00 plus $3.00 per day

(5)

Animal traps ..... 50.00 deposit

(6)

Dangerous dog registration ..... 50.00 per year

(Ord. No. O1169, § 1(exh. A), 2142011)

# of Properties

w/Reoccurrences

# of

ReoccurencesCase Type Address

1 High Grass and Weeds 1 Blackland Rd. TX Rd.






1 High Grass and Weeds 100 Brittany Dr.





1 High Grass and Weeds 100 Mac‐West Dr.

2 High Grass and Weeds 100 Mac‐West Dr.

1 High Grass and Weeds 101 Avery Ln.

2 High Grass and Weeds 101 Avery Ln.

1 High Grass and Weeds 102 Feverbush Dr.

2 High Grass and Weeds 102 Feverbush Dr.

1 High Grass and Weeds 103 Goff Dr.




1 High Grass and Weeds 103 Western Dr.

2 High Grass and Weeds 103 Western Dr.

1 High Grass and Weeds 106 Daisy Dr.

2 High Grass and Weeds 106 Daisy Dr.

1 High Grass and Weeds 119 Dustin Dr.

2 High Grass and Weeds 119 Dustin Dr.

1 High Grass and Weeds 200 Brown Ave.

2 High Grass and Weeds 200 Brown Ave.

1 High Grass and Weeds 200 Grant Dr.



1 High Grass and Weeds 203 Weston Dr.

2 High Grass and Weeds 203 Weston Dr.

1 High Grass and Weeds 206 GRANT Dr.



1 High Grass and Weeds 239 Hwy66 TX



1 High Grass and Weeds 320 Magnolia Dr.



1 High Grass and Weeds 334 Phillips Ct.

2 High Grass and Weeds 334 Phillips Ct.

1 High Grass and Weeds 4270 S I30




1 High Grass and Weeds 529 Indian Paintbrush



1 High Grass and Weeds 595 W Fate Main Pl.



1 High Grass and Weeds 910 Baldcypress Dr.

2 High Grass and Weeds 910 Baldcypress Dr.

1 High Grass and Weeds Jeremy Dr.

2 High Grass and Weeds Jeremy Dr.

1 High Grass and Weeds 0 Hwy 66

2 High Grass and Weeds 0 Hwy 66

19

20

Since April 21, 2014

21

22

12

13

14

15

16

17

6

7

8

9

10

11

18

1

2

3

4

5






Date: 19 June 2017

Agenda Item & Caption: Discuss, consider, and take any necessary action regarding an ordinance amending

the junked vehicle ordinance and adding a new section providing regulations for the parking of motor vehicles

and special vehicles.

Staff Recommendation: Approval.

Options: Approve; Approve with conditions; Deny; or Table.

Overview and Background: This ordinance is proposed in response to a recent spike in complaints regarding vehicles parked in yards while also in effort to align with CP15 goals of preserving the environment and quality of existing neighborhoods. The proposed ordinance would require that vehicles (cars, trucks) be located on a standard paved driveway or concrete surface and that special vehicles be located on the same, with exceptions (see Exhibit 1, Section 14-266). The ordinance also allows for the retention of Fate’s rural character by exempting properties greater than 1.5 acres from the requirements of this ordinance.

Financial Considerations: N/A


Exhibit A1. Ordinance Approving Surface Parking Ordinance; &

Exhibit A2. PowerPoint Presentation (PDF).

Ordinance No. O-___________ (Parking on Approved Surface) Page 1 of 5

ORDINANCE NO. O-

AN ORDINANCE OF THE CITY OF FATE, TEXAS, AMENDING THE

CODE OF ORDINANCES, CHAPTER 14, “ENVIRONMENT”, ARTICLE

III, “JUNKED, WRECKED, ABANDONED VEHICLES”, TO REVISE

CERTAIN TERMS, AND ADD REGULATIONS FOR THE PARKING OF

MOTOR VEHICLES AND SPECIAL VEHICLES AS A SEPARATE

ARTICLE; PROVIDING FOR A PENALTY, SAVINGS SEVERABILITY

AND AN EFFECTIVE DATE.

WHEREAS, the City of Fate, Texas (“City”) is a home-rule municipality organized under

the laws of the State of Texas; and

WHEREAS, it is the intent of the City Council of the City of Fate, Texas (the “City

Council”) to protect the health, safety and welfare, and well-being of its citizens; and

WHEREAS, the City Council has investigated and determined that it is advantageous,

beneficial, and in the best interest of the City and its citizens to adopt the parking regulations set

forth herein.


OF FATE, TEXAS:

Section 1. Findings Incorporated. The findings set forth above are incorporated as if fully

set forth herein.

Section 2. Chapter 14, “Environment,” Article III, “Junked, Wrecked, Abandoned

Vehicles,” of the City of Fate Code of Ordinances is hereby renamed to read in its entirety:

Article III. – Junked, Wrecked, and Abandoned Vehicles

Section 3. Chapter 14, “Environment”, Article III. – “Junked, Wrecked and Abandoned

Vehicles,” Section 14-42, “Definitions,” of the City of Fate Code of Ordinances is hereby amended

to as follows:

Sec. 14-42. – Definitions.

…

Junked vehicle means a vehicle that is self-propelled and:

(1) Does not have lawfully attached to it an unexpired license or does not display a

license plate; and

(2) Is wrecked, dismantled or partially dismantled, discarded, or inoperable and has

remained inoperable for more than:


a. 72 consecutive hours, if the vehicle is on public property; or

b. 30 consecutive days, if the vehicle is on private property.

Motor vehicle means a motor vehicle that is subject to registration under V.T.C.A.,

Transportation Code Ch. 501 the Texas Certificate of Title Act.

….

Special vehicle means any commercial motor vehicle, truck-tractor, trailer, semi-trailer or

combination thereof, boats or boat trailers, personal watercraft or personal watercraft

trailers, all-terrain vehicles or all-terrain vehicle trailers, motor homes or recreational

vehicles, manufactured homes or mobile homes, any vehicle exceeding a gross weight of

8,500 pounds, or any vehicle not legally registered in accordance with the provisions of the

Texas Transportation Code.

Section 4. Chapter 14, “Environment”, is hereby amended by adding Article VI to be

entitled “Motor Vehicle and Special Vehicle Parking,” to read in its entirety as follows (with

additions being reflected as underscored):

Sec. 14-265. - Definitions.

The following words, terms and phrases, when used in this division, shall have the

meanings ascribed to them in this section, except where the context clearly indicates a

different meaning:

Back yard shall mean that portion of a residential lot between the rear building face

of a singular family, duplex, triplex, or quadruplex structure and the rear lot line.

Driveway shall mean an improved parking surface which provides egress and

ingress from and to an adjacent street or alley and which is connected to a street or alley

by a driveway approach and is inclusive of any area between the paved portion of a street

and the edge of the public right-of-way.

Front yard shall mean that portion of a residential lot between the street and the

building face of a singular family, duplex, triplex, or quadruplex structure.

Minimum improved parking surface shall mean a standard paved driveway or other

concrete surface.

Motor vehicle means every vehicle which is self-propelled and every vehicle which

is propelled by electric power obtained from overhead trolley wires, but not operated upon

rails.

Park, parking means the standing of a vehicle, whether occupied or not, other than

temporarily for the purpose of and while actually engaged in loading or unloading

merchandise or passengers.


Right-of-way means the area on, below, or above a public roadway, highway, street,

public sidewalk, alley, waterway, utility easement, or any property owned or possessed by

the city for these purposes, in which the city has an interest or the authority to exercise its

police powers.

Side yard shall mean that portion of a residential lot between the front yard and

back yard of the structure.

Special vehicle means any commercial motor vehicle, truck-tractor, trailer, semi-

trailer or combination thereof, boats or boat trailers, personal watercraft or personal

watercraft trailers, all-terrain vehicles or all-terrain vehicle trailers, motor homes or

recreational vehicles, manufactured homes or mobile homes, any vehicle exceeding a gross

weight of 8,500 pounds, or any vehicle not legally registered in accordance with the

provisions of the Texas Transportation Code.

Sec. 14-266. - Parking of certain vehicles in all zoning districts.

(a) It shall be unlawful for an owner, occupant or person in charge of property in any

zoning district to permit the parking, standing or storing of motor vehicles and/or

special vehicles upon the property without locating same on a minimum improved

parking surface and in accordance with the following provisions or exceptions:

(1) No special vehicle shall be stored on required off-street parking.

(2) No part of a motor vehicle or special vehicle shall extend over a public easement,

sidewalk or right-of-way.

(3) No motor vehicle or special vehicle stored on a residential lot shall be used for

housekeeping, living, or sleeping quarters.

(4) All special vehicles shall be secured with wheel stops or similar safety devices.

(5) Special vehicles may be stored on a driveway or minimum improved parking

surface and may also be stored on an asphalt, paving stone or brick surface. Gravel

or crushed rock may be used in the rear yard but not in the front or side yards. The

parking surface shall be contiguous with and be an extension of the driveway, and

the area of the parking surface and extension shall not be less than the full

dimensions of the special vehicle.

(6) Special vehicles shall be stored behind the front building line in the side or rear

yard unless the lot is served by a driveway from a public street and which is its only

point of vehicular access, or the lot does not have access to a standard alley (ten-

foot wide paved alley).

(7) Special vehicles stored in the side yard or rear yard behind the front building line

shall be screened from view from side streets but not alleys (in accordance with

Fate Zoning Ordinance). In addition, these special vehicles shall be screened in the

front if access onto the lot is from the rear.

(8) Where permissible in subsection (6) above, only one special vehicle may be stored

in the front yard, and the special vehicle length shall be oriented perpendicular to


the front property line.

Sec. 14-267. - Exemption.

(a) The provisions of this division shall not apply to:

(1) Emergency vehicles operating in response to an emergency call or incident.

(2) City or other governmental entity vehicles while in the performance of official

public business or activities.

(3) Vehicles operated by utility companies, telecommunication companies, or other

public utilities, while providing or performing official business.

(4) Vehicles parked to perform deliveries, repairs, or other services to private property

or persons, and the parking of such vehicle does not exceed four hours per day.

(5) Lots in the Industrial Zoning District and lots that are used, intended to be used, or

are zoned for residential purposes that are greater than one and one-half acres (1.5)

are exempt from the provisions of this article.

Sec. 14-268. - Penalty.

An offense under this article shall be deemed to be a misdemeanor and, upon

conviction, is punishable by a fine in accordance with Section 1-14 of the Code of

Ordinances, as amended.

Section 5. Penalty Clause. Any person, firm or corporation violating any of the provisions

or terms of this Ordinance shall be subject to a penalty as provided by Section 1-14 the Code of

Ordinances of the City of Fate, Texas.

Section 6. Savings Clause. All rights and remedies of the City of Fate, Texas, are

expressly saved as to any and all violations of the provisions of the Ordinance or any other

ordinance which have accrued at the time of the effective date of this Ordinance; and, as to such

accrued violations and all pending litigation, both civil and criminal, whether pending in court or

not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted

until final disposition by the courts.

Section 7. Cumulative/Repealer Clause. This Ordinance shall be cumulative of all

provisions of state or federal law and other ordinances of the City of Fate, Texas, except where the

provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which

event the conflicting provisions of such ordinances are hereby repealed.

Section 8. Severability Clause. It is hereby declared to be the intention of the City Council

that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and

if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared

unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such

unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs

and sections of this Ordinance, since the same would have been enacted by the City Council

without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence,

paragraph or section.


Section 9. Effective Date. This Ordinance shall become effective immediately upon its

passage and publication as required by law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Fate, Texas, on this

the 1st day of May, 2017.


ATTEST:

___________________________________

Victoria Raduechel, TRMC, City Secretary


____________________________________

Brenda N. McDonald, City Attorney

6/9/2017

1

Parking Surface Ordinance

City Council Regularly Scheduled Meeting

19 June 2017Presented by Will Rugeley.

Director of Planning & Development Services

1

Reason for Proposal• # of Complaints

• Positive Environmental Effect 81% of CP15 survey respondents indicated importance

• Preserve Quality of Neighborhoods

2

6/9/2017

2

DFW Due Diligence1) Rockwall

2) Rowlett

3) Royse City

4) Murphy

5) Sachse

6) Mesquite

7) Dallas

8) Wylie

9) Garland

10)Richardson

11) Plano12)Greenville13) Lancaster14)McKinney

15) Allen

3

**All 15 Sample Cities Have Surface Parking Ordinance**

What Does Ordinance Do?

4

• Updates Junked Vehicle Def

• Parking Surface Requirements

Typical Vehicles (cars, trucks) & “Special Vehicles”

• “Special Vehicle” Parking Locations

• Max # of “Special Vehicles” Parked in Front Driveway

• Permitted Exceptions

6/9/2017

3

Recent Occurrences

5

Recent Occurrences

6

Standing Water.

6/9/2017

4

Recent Occurrences

7

Parking Surface OrdinanceCity Council Regularly Scheduled Meeting

19 June 2017

8

Questions?