ORDINANCE NO. PAGE 1 TOWN OF FLOWER MOUND, TEXAS ORDINANCE NO.

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1 ORDINANCE NO. PAGE 1 TOWN OF FLOWER MOUND, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING APPENDIX A FEE SCHEDULE, OF THE CODE OF ORDINANCES TO AMEND THE FEE FOR EXCESSIVE FALSE ALARM NOTIFICATIONS AND THE ALARM PERMIT APPLICATION AND RENEWAL FEES; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Flower Mound 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 Town Council of the Town of Flower Mound has previously adopted a Fee Schedule in Appendix A to the Town of Flower Mound Code of Ordinances; and, WHEREAS, the Town Council has determined that it is in the best interests of the Town of Flower Mound to amend the fees charged for a certain number of false alarm notifications and to amend the application and renewal fee to register an alarm system; and, WHEREAS, the Town Council wishes to amend the Fee Schedule to reflect a fee of one hundred and fifty dollars ($150.00) for each false alarm occurring after the seventh false alarm at an address and to amend the Fee Schedule to require an annual renewal fee in certain circumstances and a waiver of the annual renewal fee in certain circumstances; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS: SECTION 1 That Appendix A of the Code of Ordinances, Town of Flower Mound, Texas, is hereby amended by amending the schedule of fees corresponding to Section 30-33, Service fees for excessive false alarm notifications and Section 30-53, Application fee by amending the fee amounts pertaining to Chapter 30, Emergency Services to read as follows:

2 ORDINANCE NO. PAGE 2 Chapter 30. Emergency Services. Code Section Number Description A fee of $50.00 for each other false alarm occurring after the third false alarm within said preceding 12-month period and $ for each false alarm occurring after the seventh false alarm with said preceding 12-month period Initial alarm permit fee: $35.00 for residential permit; $50.00 for commercial permit. An annual renewal fee of $35.00 for residential; $50.00 for commercial for permit holders who have had a false alarm in the said preceding 12-month period. No annual renewal fee will be assessed to permit holders with no false alarms in the said preceding 12-month period. SECTION 3 All ordinances, orders or resolutions heretofore passed and adopted by the Town Council of the Town of Flower Mound, Texas are hereby repealed to the extent that said ordinances, orders or resolutions, or parts thereof, are in conflict herewith. SECTION 4 It is hereby declared to be the intention of the Town 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 any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions shall remain in full force and effect. SECTION 5 The Town Secretary of the Town of Flower Mound is hereby directed to publish the caption in the official newspaper of the Town of Flower Mound as required by Section 3.07 of the Charter of the Town of Flower Mound. SECTION 6 This Ordinance shall take effect and be in full force from and after October 1, 2014.

3 ORDINANCE NO. PAGE 3 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS BY A VOTE OF TO, ON THIS 21st DAY OF JULY, APPROVED: Thomas E. Hayden, MAYOR ATTEST: Theresa Scott, TOWN SECRETARY APPROVED AS TO FORM AND LEGALITY: Bryn Meredith, TOWN ATTORNEY

4 TOWN OF FLOWER MOUND ORDINANCE NO. _62-10, Chapter 90_ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND CHAPTER 30, ARTICLE II, ALARM SERVICES BY PROVIDING A DEFINITION OF FALSE ALARM; ESTABLISHING AN EXPIRATION OF AN ALARM PERMIT; REVISING THE APPLICATION FEE REQUIREMENTS; BY AMENDING APPENDIX A FEE SCHEDULE BY AMENDING SECTION RELATIVE TO THE CHARGES FOR ALARM PERMIT FEES; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Town of Flower Mound is a home rule municipal corporation organized and existing by virtue of the Constitution and laws of the State of Texas and by its Home Rule Charter adopted November 3, 1981; and WHEREAS, the Town of Flower Mound possesses all the rights, powers, and authorities possessed by all home rule municipalities to regulate the fees for services provided; and WHEREAS, the Town Council of the Town of Flower Mound, Texas ( Town Council ), possesses, pursuant to Chapter 214 of the Texas Local Government Code, as amended, the authority to regulate and permit burglar alarm systems in the Town; and WHEREAS, the Town Council hereby finds that there has been and continues to be a large number of non-permitted alarm systems and false alarms within the Town; and WHEREAS, false alarms are a financial burden on all Town residents and a drain of Town resources; and WHEREAS, the Town of Flower Mound has determined that it needs to amend Chapter 30, Article II, Alarm Services, relative to alarm permits and the fee charged for such alarm permits. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, THAT:

5 ORDINANCE NO. PAGE 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Flower Mound and they are hereby approved and incorporated into the body of this Ordinance, as if copied in their entirety. SECTION 2 From and after the effective date of this Ordinance, Chapter 30, Article II, Alarm Services, Division I, Generally, is hereby amended, in part, to read as follows: Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * False burglar alarm notification means an alarm dispatch request to a law enforcement agency when a response is made by the law enforcement agency within 30 minutes of the alarm dispatch request and the responding law enforcement officer finds from an inspection of the interior and/or exterior of the alarm site no evidence of a criminal offense or attempted criminal offense. * * * SECTION 3 From and after the effective date of this Ordinance, Chapter 30, Article II, Alarm Services, Division II, Permit, is hereby amended, in part, to read as follows: Sec Required. (a) A person commits an offense if he operates or causes to be operated an alarm system or a CATV alarm system without a valid alarm permit issued by the director. An alarm permit is not valid if it has been denied or revoked, has not been renewed or has expired. An alarm permit must be obtained by the person directly responsible for management and control of the alarm site. A separate permit is required for each alarm site. * * *

6 ORDINANCE NO. PAGE 3 Sec Application fee. A nonrefundable fee for a residential permit or for a commercial permit, as listed in appendix A of this Code, is required for issuance or renewal of an alarm permit and shall be charged for each alarm permit operated under this article. Alarm permits granted under the provisions of this article, unless otherwise specified, shall remain in force for one (1) year from the date of issuance unless suspended or revoked in accordance with the terms of this article. It is the permit holder's responsibility to renew the alarm permit prior to the expiration date. SECTION 4 From and after the effective date of this Ordinance, Appendix A, Fee Schedule, Section 30-53, Alarm Permit Fee, is hereby deleted and replaced with the following: Code Section Number Description Alarm Permit Fee: $35.00 for residential permit; $50.00 for commercial permit. SECTION 5 This Ordinance shall be cumulative of all provisions of ordinances of the Town of Flower Mound, 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 6 If any section, subsection, clause, phrase or provision of this Ordinance and the Code, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases or provisions of this Ordinance and the Code, or the application thereof to any person or circumstances, shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 7 Any person, firm, or corporation who violates any provision of this Ordinance as adopted by the Town Council of the Town of Flower Mound shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as provided in Section 1-13 of the Code of Ordinances of the Town of Flower Mound. Each day any such violation or violations exist shall constitute a separate offense and shall be punishable as such.

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