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Item 6C -feivt 3E 111 CITY OF SOUTH LAKE TEXAS PUBLIC WORKS PUBLIC WORKS CAPITAL PROJECTS UPDATE January 2016 ACTIVE CITY CONSTRUCTION PROJECTS • Brumlow Avenue Improvements The Brumlow Ave improvement project will widen approximately 1400 linear feet of Brumlow by expanding the existing road to five lanes undivided in order to accommodate the TxDOT construction of dual left turns for SH 26 to north bound Brumlow. The design is at 100%. A future project, currently unfunded, will widen the remainder of Brumlow Avenue extending north to the existing roundabout at Continental Blvd. This project is under construction and anticipated to be completed Spring 2016. • Citywide Pavement Rehabilitation (PMA) The PMA is an on-going program which consists of the major repair and/or rehabilitation of local streets throughout the City of Southlake to improve pavement condition and rideability after the completion of neighborhood utility projects. One- third of the City's streets are surveyed annually with the Pavement Management Application (PMA) software designed by Stantec, which generates a pavement quality report. The PMA scores each street on the surface condition of the road (SDI), the riding quality of pavement (RCI), and the structural adequacy of the pavement (SAI). These scores are then averaged to calculate the Pavement Quality Index (PQI)for the roadway. The overall PQI for the City is the average of all the road's PQIs. The Department has established a minimum overall PQI of 7.8 out of a possible 10.0. The current score is 8.2. • FM1938 The FM1938 project involves paving, utility, and drainage improvements along the existing Randol Mill Road from FM1709 to SH114 to four lanes divided. Construction of FM1938 will be completed in two phases. Construction of Phase I from the bend in Randol Mill Road to SH114 through Westlake is complete. The Public Hearing on the entire project was held November 6, 2008 at the Cross Timbers Community Church in Keller, TX. Phase II right of way and easement acquisition by Tarrant County is complete. TxDOT construction began March 2015 and is anticipated to be completed by 2018. • FM1938 Drainage Relief for Phase II This project will benefit those areas and drainage structures that are in need of rehabilitation in order to alleviate reported flooding and potential flooding due to undersized culverts or inadequate drainage. These improvements are included in the FM 1938 construction plans which are now underway. This report is updated four times a year—January,April,July,October elCITY OF SOUTH LAKE TEXAS PUBLIC WORKS • Love Henry Ct. Drainage Improvements This project will implement drainage improvements along Love Henry Ct., north of Southlake Blvd. and Bicentennial Park, and east of Shady Oaks Dr. The improvements to the current drainage system will include upsizing of the pipe and additional grading to prevent possible flooding on Love Henry Ct. during heavy rainfall conditions. Engineering design is nearing completion. Construction is anticipated to begin in early 2016. • NCTCOG-FEMA Flood Risk Identification Project The City of Southlake is working in conjunction with the North Central Texas Council of Governments (NCTCOG) and the Federal Emergency Management Agency (FEMA) in an effort to update drainage studies for several creeks within the City. The purpose of updating the studies is to accurately assess water surface elevations along the creeks during heavy rain events. The seven (7) creeks being studied are in the southern drainage basin of Southlake. These creeks eventually reach Big Bear Creek. Survey data collection is on-going. The final report will be completed February 2016. • Nolen Drive Connector This project will complete the roadway connection of Nolen Dr. between Exchange Blvd. and Industrial Blvd. in Grapevine. This project is a joint project between the City of Southlake and the City of Grapevine. ROW acquisition by Grapevine was delayed due to change in ownership of property but will resume in late Winter 2016. • N. White Chapel from Emerald to SH114 This project involves paving, utility, and drainage improvements for the widening of N. White Chapel Blvd. from Emerald Blvd. to SH114 to its ultimate pavement section of four lanes divided. This project has been divided into two phases. Phase I extends from Emerald Blvd. to Highland St. and is currently at 95% design. Phase II is the continuation of the widening from Highland St. to SH114 including a dual-lane roundabout at the N. White Chapel Blvd/Highland St. intersection, and the design is currently 95% complete. Right of way acquisition is currently underway. Utility relocations from Highland to SH114 has begun. • Pearson Road 16-inch Waterline Improvements This project consists of constructing a 16"waterline from the Pearson Pump Lift Station to Johnson Rd. These improvements to the water distribution system will alleviate a bottleneck in the system when pumping into the upper pressure plane. Project is currently under design. • Pressure Compensating Valves This project will include the installation of pressure regulating valves (PRV) between the City's high pressure and low pressure water systems. This will improve fire flow capacities in the event of an emergency during peak water use periods. This project will also require the construction of vaults, and the installation of electronic telemetry to monitor and activate the valves via the City's current remote system. Construction is anticipated to be completed Summer 2016. This report is updated four times a year—January,April,July,October • CITY OF SOUTH LAKE TEXAS PUBLIC WORKS • Sanitary Sewer System Rehabilitation Program This project was the result of a three year Sanitary Sewer Evaluation Study conducted by RJN from FY2008 to FY2010. The final report from the SSES recommended the rehabilitation of 358 sewer manholes including replacing manhole rings/lids, corbel, invert, clean-out, and point repairs, as well as street and pavement repairs resulting from activities associated with conducting the manhole repairs. These repairs were recommended in order to prevent inflow and infiltration of storm water and ground water which should lower the City's treatment costs to Trinity River Authority. No sewer rehabilitations done in Q4 FY15, remaining 36 manholes scheduled for • Shady Oaks Roadway and Utility Improvements Project This project will implement utility improvements along Shady Oaks Drive beginning at the north property line of Durham Elementary School to the intersection of Fox Glen. These improvements will include an 8" sanitary sewer line and a 12"water line from just south of Highland Street to Fox Glen along Shady Oaks Drive. Project on hold based on traffic impacts to area. Will reevaluate project upon completion of Dove/Peytonville roundabout and N. White Chapel construction • South Carroll Avenue at Zena Rucker Road Traffic Signal The recent additions of the Park Village retail development and the Winding Creek Addition residential development have accelerated the need for construction of a signal at the intersection of South Carroll Avenue and Zena Rucker Road. In October 2012 as part of Southlake 2030, Kimley-Horn, Inc. completed the South Carroll Avenue Improvements Study which provided recommendations to the City for improving mobility along South Carroll Avenue between Southlake Boulevard (FM 1709) and Breeze Way. The study included the extension of Zena Rucker Road from the west to the intersection of South Carroll Avenue between the commercial and residential site. The addition of the signal will reduce delays and improve ingress and egress to the commercial developments. The signal is anticipated to be completed by Winter 2016. • Street Rehabilitation Partnership Program This is an annual project which involves the rehabilitation of arterial streets within Southlake in partnership with Tarrant County. The City of Southlake funds the costs of materials, and Tarrant County provides labor and equipment. The FY16 project is a reconstruction of Shady Oaks Drive from the northern property line of Bicentennial Park north approximately 3,000 feet the northern property line of 979 Shady Oaks Drive. Construction is anticipated to begin in the fourth quarter of FY16. • Texas Turnaround at SH 114/North Carroll The Texas Turnaround project will ease the traffic congestion at the SH 114 and North Carroll Avenue intersection. The project will focus on easing traffic along the DFW Connector project and allow greater access to the Town Square retail developments. The Texas Turnaround is a partnership project between the City of Southlake, Tarrant County, TxDOT, Cooper& Stebbins and Gateway Church. This report is updated four times a year—January,April,July,October alCITY OF SOUTH LAKE TEXAS PUBLIC WORKS TxDOT construction began January 2014 and the bridge is now open. Additionally, a decal lane extension was constructed to better guide traffic coming off the Texas Turnaround and decorative lights were installed on the turnaround bridge. Painting of the bridge will be completed summer 2016. • Torian Lane Sanitary Sewer Lift Station This project consists of the design and construction of a sanitary sewer lift station at Torian Ln. to serve the Royal Oaks and Twin Creek Neighborhoods as well as future development along Torian Ln. The project is under design. Construction is anticipated to begin Fall/Winter 2015. • Zena Rucker Culvert This project calls for culvert improvements for the crossing of Zena Rucker Road. The construction of a culvert is intended to facilitate the future extension of Zena Rucker Road. The engineering drainage study is complete. Construction will be incorporated with adjacent development. RECENTLY COMPLETED PROJECTS • 8-inch Water Line connector from Lake Dr/Burney Ln to Palo Duro/Lonesome Dove This project involves connecting an 8-inch water line at Lake Dr. and Burney Ln. to the existing 6-inch waterline at Palo Duro and Lonesome Dove by installing 1600 feet of 8-inch PVC. The new line will provide increased water pressure and flow, and will establish a loop for fire protection to the Dove Estates Subdivision. This section of water line is located on the Southlake 2030 Master Water Plan. This project is substantially complete. • 12-inch Water Line Extension on West Bob Jones This project involves installing a 12-inch water line in order to provide water service to the properties along West Bob Jones. The installation of the waterline will provide fire protection to nearby properties and allow for development in this area, which is currently vacant land. Construction of Phase I is complete. ROW acquisition is complete for Phase 2. Project completed in May 2015. • FM 1709 at Watermere Traffic Signal This project includes a traffic signal at the intersection of Watermere Drive/Jellico West and FM 1709 to better manage traffic flow through the intersection and facilitate access to FM 1709 (Southlake Blvd.). This project also includes an illuminated street name sign (ILSN). TxDOT construction is complete and the traffic signal is operational. • FM1938 Waterline and Sewer Relocation Project for Phase II The FM 1938 Phase ll widening project required that City water and sanitary sewer, along with franchise utilities, be relocated outside of the proposed drive lanes of FM 1938— between the intersection of FM 1709 and the Randol Mill bend. The project consisted of relocating approximately 10,000 linear feet of water line and This report is updated four times a year—January,April,July,October eirCITY OF SOUTH LAKE. TEXAS PUBLIC WORKS approximately 5,400 linear feet of sanitary sewer relocation or extension. This project is complete. • Illuminated Street Name Signs (ILSN) and Traffic Signal Battery Backups along Southlake Boulevard This project includes the installation of backlit intersection signage at up to 14 major intersections along Southlake Blvd. similar to the existing signage at Kimball Avenue and SH114. This project includes the intersections of FM1709 at SH114, Commerce St., Central Ave., Nolen Dr., Kimball Ave., Village Center Dr., Carroll Ave., Byron Nelson Parkway, White Chapel Blvd., Shady Oaks Dr., Waterford Dr., Peytonville Ave., Randol Mill Rd., and Pearson Ln. This project will improve safety for the driving public by improving the visibility of major intersection signage at night. This project is complete. • North Carroll Avenue at Federal Way This project will construct a traffic signal at the intersection of Federal Way at North Carroll Avenue. This is part of a larger intersection improvement project which includes a right turn lane from Federal Way to northbound Carroll Avenue as well as an 8-foot sidewalk along Federal Way. Construction of right turn lane and illuminated street sign are complete. • South Kimball Avenue at East Continental Boulevard Traffic Signal The recent addition of the Stadium Southwest commercial development has prompted the need for a traffic signal at the intersection of South Kimball Avenue and East Continental Boulevard. The addition of the signal will reduce the potential for traffic conflicts at this intersection. Signal construction complete and the signal is operational. • South White Chapel at Big Bear Creek Scour Mitigation This project will address the immediate problem of scour(erosion) around columns supporting the main bridge deck. Engineering design is complete. This is a joint project with Colleyville. This project is complete. • North Kimball Avenue Street Widening from SH114 to Dove Road This project involves paving, utility, and drainage improvements for the widening of North Kimball Ave. from SH114 to Dove Rd. to its ultimate four lane divided pavement section with center landscaped medians and six-foot sidewalks on both sides of the street. Phase I for SH 114 to Kirkwood Blvd is complete. Phase II is the continuation along N. Kimball Ave. from Kirkwood Blvd. up to Dove Rd. Construction is complete • Pearson GST Painting The project includes blasting and applying new coating systems for the existing 5.0 million gallon (MG) ground storage tanks (GST). Minor tank repairs and modifications are also included in the project scope. The project site is located near the intersection of Southlake Boulevard (F.M. 1709)and N. Pearson Lane. The work on This report is updated four times a year—January,April,July,October CITY OF SOUTH LAKE TEXAS PUBLIC WORKS west tank is complete. The repainting of east tank will be performed in the fall when the water demand is less. • State Street The City of Southlake is working with the developer of Southlake Town Square to complete the State Street gap between Federal Way and Division Street. The developer is responsible for installing the utilities after which the City constructed State Street and sidewalks. This project was completed fall 2015. This report is updated four times a year—January,April,July,October 06. I>r 4+ b L,, Nc�-to�- ORDINANCE NO. 907a AN ORDINANCE AMENDING CHAPTER 10, ARTICLE V, "PUBLIC SMOKING", , OF THE SOUTHLAKE CITY CODE TO PROHIBIT SMOKING IN ALL PUBLIC BUILDINGS AND WITHIN 15 FEET OF THE ENTRANCE TO A PUBLIC BUILDING, REQUIRING "NO SMOKING" SIGNS IN RESTAURANTS, BARS AND TAVERNS;_ PROHIBITING CERTAIN ACTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS AND CODIFICATION; PROVIDING FOR A PENALTY AND PUBLICATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, fmds that secondhand tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer, and further fords as follows: WHEREAS, the National Cancer Institute in 1999 found that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10," Bethesda, MD:National Institutes of Health, National Cancer Institute (NCI),August 1999); WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. (See Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," US. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on carcinogens, 2003,2005); WHEREAS, based on a fmding by the California Environmental Protection Agency in 2005, the California Air Resources Board has determined that secondhand smoke is a toxic air contaminant, finding that exposure to secondhand smoke has serious health effects, including low birth-weight babies; sudden infant death syndrome (SIDS); increased respiratory infections in children; asthma in children and adults; lung cancer, sinus cancer, and breast cancer in younger, premenopausal women; heart disease; and death. (Appendix II Findings of the Scientific Review Panel: Findings of the Scientific Review Panel on Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant as adopted at the Panel's June 24, 2005 Meeting," California Air Resources Board(ARB), September 12, 2005); WHEREAS, there is no safe level of exposure to secondhand smoke, (Environmental Protection Agency (EPA), "Respiratory health effects of passive smoking: lung cancer and other disorders, the report of the U.S. Environmental Protection Agency, Smoking and Tobacco Control Monograph 4," Bethesda, MD: National Institutes of Health. National Cancer Institute; Environmental Protection Agency (EPA), August 1993; California. Environmental Protection Agency, "Health Effects of Exposure to Environmental Tobacco Smoke," 1997; California Air • *44 413 ItF PIN WO +4•1011 : • VI .**•' Resources Board, "Proposed identification of environmental tobacco smoke as a toxic airy 2t' contaminant," Sacramento: California Environmental Protection Agency (Cal-EPA). Air Resources Board, Stationary Source Division, Air Quality Measures Branch, Office of Environmental Health Hazard Assessment(OEHHA), September 29, 2005); WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena, Montana before, during, and after a local law eliminating smoking in workplaces and public places was in effect,has determined that laws to enforce smokefree workplaces and public places may be associated with a reduction in morbidity from heart disease. (Sargent, Richard P.; Shepard, Robert M.; Glantz, Stanton A., "Reduced incidence of admissions of myocardial infarction associated with public smoking ban: before and after study," British Medical Journal 328:977-980,April 24, 2004); WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to environmental tobacco smoke," Tobacco Control 6(4):346-353,Winter, 1997); WHEREAS, the Americans with Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act,"Nonsmokers' Voice 15(1):8-9.); WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. (Department of Health and Human Services. The Heath Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health Service, Centers for Disease Control, 1986); WHEREAS, the U.S. Centers for Disease Control and Prevention have determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen, "Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke?" British Medical Journal 328: 980-983,April 24, 2004); WHEREAS, given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers (AHRAE) bases its ventilation standards on totally smokefree environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smokefree in their entirety. (Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; 2 Spengler, J.; Callway, C.A., "ASHRAE position document on environmental tobacco smoke and the development of acute coronary syndromes: the CARDIO2000 case-control study," Tobacco Control 11(3):220-225, September 2005); WHEREAS, the Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure, and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke," Society of Actuaries, March 31, 2005); WHEREAS, numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L. The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States. American Journal of Public Health, 87:1687-1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke-free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001); WHEREAS, hundreds of communities in the U.S., plus numerous states, including Texas, California, Delaware, Florida, Massachusetts, Montana, New Jersey, New York, and Washington, have enacted laws requiring workplaces, restaurants, bars, and other public places to be smokefree, as have numerous countries, including Ireland, New Zealand, Norway, Scotland, Sweden, Uganda, and Uruguay; WHEREAS, smoking is a potential cause of fires, cigarette and cigar bums and ash stains on merchandise and fixtures, and other economic damage to businesses. ("The high price of cigarette smoking,"Business &Health 15(8), Supplement A: 6-9, August 1997); WHEREAS, the City Council finds there is no legal or constitutional "right to smoke." Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous; WHEREAS, the City Council finds the congregation of smokers within 15 feet of the entrances or exits of buildings in which smoking is prohibited can impair entry into and exit from these buildings, create noxious clouds of concentrated nuisance smoke that harm the rights of nonsmoking patrons and passersby, and create a hazard of such concentrated smoke drifting into the indoor environment; and WHEREAS, the City Council finds the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. WHEREAS, the American Academy of Pediatrics recommends local governments should enact and enforce laws that mandate the provision of smoke-free environments, including e- 3 cigarette vapor, in all public places and require employers to provide smoke-free/e-cigarette vapor free work environments for their employees. The City Council does acknowledge that conclusive scientific research has yet to confirm any dangers associated with e-cigarette vapor. The City Council additionally acknowledges that e-cigarettes are not tobacco products, and acknowledges the clear differences between smoke and vapor, and clear differences between combustion, burning and heating. In the interests of public health, as well as in the interests of health risk prevention, The City Council desires to include e-cigarettes within this ordinance. Accordingly, the City Council finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment, (2) to guarantee the right of nonsmokers to breathe smoke-free air, and (3) to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The declarations, determinations and findings made in the preamble of this ordinance are hereby adopted and made a part of the operative provisions hereof. SECTION 2. The Article V, Chapter 10 of the Southlake City Code is hereby amended to read as follows: ARTICLE V. PUBLIC SMOKING Sec. 10-151. Definitions. The following definitions shall apply to this article: "Smoke" or "Smoking" means inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or form "Electronic vaping device" means an electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. "Vaping"means inhaling, exhaling from an electronic vaping device. "Person"means any individual. 4 "Public building"means any building other than a building used as a private residence. If portions of a building are used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building" as used herein shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. The term "public building" includes, but is not limited to, restaurants,bars and taverns. "Restaurant"means an establishment that primarily serves food prepared in the kitchen of the same establishment for patrons and may serve alcohol with a valid Texas Alcoholic Beverage Commission License as long as the establishment derives less than 75% of its gross revenues from alcohol sales and includes all indoor and outdoor seating areas, kitchen,bar area, restrooms and lobby. "Bar" or "Tavern" means an establishment that derives 75% or more of the establishment's gross revenue from the on-premise sale of alcoholic beverages. Sec. 10-152. Smoking prohibited in government buildings and property; signs required; and prohibited acts. (a) It shall be unlawful for any person to perform the following acts in any government building in the City of Southlake: (1) smoke, (2) carry a lighted cigarette, cigar, or tobacco-containing pipe, or an electronic vaping device presently in use , or (3) light a cigarette, cigar or tobacco-containing pipe or operate an electronic vaping device. (c) It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within 15 feet from an entrance or exit to any public building: (1) ashtrays; (2) smoking paraphernalia, or (3) signs that indicate that smoking is permitted. (d) It shall be unlawful for the owner or operator of any public building to allow smoking in such public building in violation of the provisions of this article. 5 Sec. 10-152. Prohibition of vaping within business establishments is up to the discretion of the business owner (a) It shall be to the discretion of the business owner for any person to perform the following acts in any public building in the City of Southlake: (1) Vape, (2) carry an electronic vaping device presently in use, or (3) operate an electronic vaping device. (b) It shall be unlawful for any business owner or operator of any public building to not display one of the following in reference to vaping: (1) a"NoVaping" sign, or (2) a"Vaping Friendly" sign. Sec. 10-153.City Parks. Smoking and vaping prohibited except in designated areas. Designated areas that allow smoking of tobacco products shall be separate from designated areas that allow vaping to prevent inhalation of secondhand tobacco smoke by users of electronic vaping devices. Sec. 10-15 3. Penalty. Any person who violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine of not more than $100.00. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership or cooperation that violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine of not more than $500.00. Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 12-32. -Rules and regulations. (This section will be deleted from the City Code) The following regulations and restrictions are prescribed for the use of city parks: SECTION 3. 6 Sections 10-154 through 10-158 of the Southlake City Code are hereby repealed effective on March 1,2016. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstances, shall be held invalid or unconstitutional by a Court of competent jurisdiction, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 5. It is the intention of the City Council that this ordinance shall become a part of the Code of the City of Southlake, Texas, and it may be renumbered and codified therein accordingly, in the manner approved by the City Attorney. The Code of the City of Southlake, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 6. This ordinance shall take effect on March 1, 2016, following fmal passage by the City Council and publication in accordance with the Charter of the City of Southlake. PASSED AND APPROVED ON FIRST READING THIS DAY OF , 2016. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF , 2016. MAYOR ATTEST: CITY SECRETARY 7 . EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney 8