Agenda Packet TC 03/21/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, March 21, 2005
7:00 P.M.
A.1 Town Council to call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Discuss and take appropriate action regarding the approval of fiscal year end September
2004 Audit
B.1 Discuss and take appropriate action by Resolution to appoint two candidates to EDC B.
A. Ralph Wm. Scoggins
B. Amanda Foust
B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
B.3 Council/staff reports: this is an opportunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the
expression of opinions, questions and answers, or discussion among staff and Council.
Discussion is limited to whether Council desires to have a topic placed on a future agenda
for future consideration.
B.4 Finance Director to update Council on procedures for bad debit policy.
B.5 Discuss and take appropriate action regarding an Ordinance enabling the Town to comply
with all federal and state laws and regulations applicable to storm water discharges and to
regulate construction activities that may contaminate storm water runoff.
B.6 Discuss and take appropriate action regarding an Ordinance regulating the Town Design
Standards and Construction Specifications for Roadway, Drainage, Water and
Wastewater Design.
B.7 Discuss and take appropriate action regarding change orders to the contract for the Indian
Creek Dr.\Shields Ct. reconstruction including a median cut at Valley Wood and the
inclusion of Shields Dr. reconstruction.
B.8 Discuss and take appropriate action on the purchase of electronic message boards for the
Town entrances and to determine the funding source.
D.1 Consent agenda: Discuss and take appropriate action to approve financials dated
February 2005.
D.2 Consent agenda: Discuss and take appropriate action to approve minutes date March 7,
2005.
D.3 Additional Information for Council
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) &
(b) "Consultation with Attorney", the Town Council will enter into executive session to
discuss the following:
Consultation with Attorney on pending or contemplated litigation or on a matter in which the
duty of the Attorney to the Governmental Body under the Texas Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act
(§551.071 (a) & (b)):
Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-40094-362
F.1 Discuss and take appropriate action regarding Executive Session Item. (AGENDA ITEM
NO. E1).
F.2 Adjourn.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.A.1
Town Council to call to order and announce a quorum.
(lr)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.A.2
Invocation.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.A.4
Discuss and take appropriate action regarding the approval of fiscal year end
September 2004 Audit
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Basic Financial Statements
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.B.1
Discuss and take appropriate action by Resolution to appoint two candidates to
EDC B.
A. Ralph Wm. Scoggins
B. Amanda Foust
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Resolution
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, APPOINTING TWO (2) CITIZENS TO TWO (2) SEATS ON THE ECONOMIC
DEVELOPMENT CORPORATION B COMMITTEE FOR THE REMAINDER OF THE
UNEXPIRED TERMS BOTH EXPIRING ON JUNE 30, 2006; OR A TWO (2) YEAR
TERM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government through
service on Town Committees.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas, agrees that the following individuals to
both be designated and is hereby duly appointed to complete a two year term, expiring June 30, 2006 in
the capacity as set out herein:
Economic Development Corporation 4B
1. Ralph Wm. Scoggins
2.Amanda Foust
Section 3. That this Resolution shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 21st
day of March, 2005.
_______________________________________
Scott Smith, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Lisa Ramsey, Interim Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.B.2
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.B.3
Council/staff reports: this is an opportunity for Council and staff to provide brief
updates on projects and to provide public service announcements. It is not a time
for the expression of opinions, questions and answers, or discussion among staff and
Council. Discussion is limited to whether Council desires to have a topic placed on a
future agenda for future consideration.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.B.4
Finance Director to update Council on procedures for bad debit policy.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.B.5
Discuss and take appropriate action regarding an Ordinance enabling the Town to
comply with all federal and state laws and regulations applicable to storm water
discharges and to regulate construction activities that may contaminate storm water
runoff.
EXPLANATION:
The purpose of this local regulation is to safeguard persons, protect property, and prevent
damage to the environment in Trophy Club. This ordinance will also promote the public welfare
by guiding, regulating, and controlling the design, construction, use, and maintenance of any
development or other activity that disturbs or breaks the topsoil or results in the movement of
earth on land in Trophy Club. In addition, this ordinance will facilitate compliance with State
and Federal standards and permits by operators of construction sites within the Town.
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded
soil endangers water resources by reducing water quality and causing the siltation of aquatic
habitat for fish and other desirable species. Eroded soil also necessitates repair of storm sewers
and ditches and the dredging of lakes. In addition, clearing and grading during construction
causes the loss of native vegetation necessary for terrestrial and aquatic habitat.
The Town will also need to comply with this regulation on each of its construction projects in
excess of 5,000 square feet.
Additionally, with the passage of this regulation, a grading permit will be required when grading
an area of land in excess of 5,000 square feet.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(mm)
Attachments: 1. Ordinance
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING PROVISIONS TO SAFEGUARD PERSONS, PROTECT
PROPERTY AND PREVENT DAMAGE TO THE ENVIRONMENT IN
THE TOWN BY REGULATING ACTIVITIES THAT MAY
CONTAMINATE STORM WATER RUNOFF; PROVIDING FOR THE
INCORPORATION OF PREMISES; ADOPTING GENERAL
PROVISIONS; PROVIDING DEFINITIONS; PRESCRIBING CRITERIA
FOR CONDUCT AND AFFIRMATIVE DEFENSES; PROVIDING
CRITERIA FOR DEFINING NUISANCES; PROVIDING REGULATIONS
FOR RUNOFF FROM CONSTRUCTION ACTIVITY; PRESCRIBING
CRITERIA FOR AN EROSION CONTROL DEPOSIT ACCOUNT;
ESTABLISHING CRITERIA FOR THE MAINTENANCE AND REPAIR
OF STORM WATER FACILITIES; PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and
WHEREAS, the Town Council finds that it is necessary to adopt regulations to safeguard
persons, protect property and prevent damage to the environment in the Town by regulating
activities that may contaminate storm water runoff; and
WHEREAS, the passage of this Ordinance serves the purpose of providing for the
health, safety, and general welfare of the citizens through the regulation of non-storm water
discharges to the storm drainage facility to the maximum extent practicable under Federal and
State law; and
WHEREAS, in furtherance of the goal to protect the safety of the public, this Ordinance
establishes methods for controlling the introduction of pollutants into the municipal separate
storm sewer facility in order to comply with the requirements of the Texas Pollutant Discharge
Elimination System (TPDES) permit process; and
WHEREAS, the objectives of this Ordinance are to regulate the contribution of
pollutants to the municipal separate storm sewer system by storm water discharges by any user;
to prohibit Illicit Connections and Discharges to the municipal separate storm sewer system; and
to establish legal authority to carry out all inspection, surveillance and monitoring of compliance
with the regulations contained in this Ordinance as well as with federal and state laws and
regulations; and
WHEREAS, the Town Council has determined that it is in the best interests of the health,
safety, and welfare of the citizens and residents of the Town of Trophy Club to provide for the
regulation of the Town’s storm water system.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
GENERAL PROVISIONS
A. Purpose
The purpose of this Ordinance is to safeguard persons, protect property, and prevent
damage to the environment in the Town by regulating activities that may contaminate
storm water runoff. This Ordinance is intended to promote the public welfare by guiding,
regulating, and controlling the design, construction, use, and maintenance of any
development or other activity that disturbs or breaks the topsoil or results in the
movement of earth on land in the Town.
This Ordinance is also intended to provide for the health, safety, and general welfare of
the citizens of the Town through the regulation of non-storm water discharges to the
storm drainage system to the maximum extent practicable as required by Federal and
State law. This Ordinance establishes methods for controlling the introduction of
pollutants into the municipal separate storm sewer system (MS4) in order to comply with
requirements of the Texas Pollutant Discharge Elimination System (TPDES) permit
process. The objectives of this Ordinance are:
1. To manage storm water runoff from any development in order to reduce siltation,
increases in stream temperature, streambank erosion, and maintain the integrity of
stream channels;
2. Minimize increases in nonpoint source pollution caused by storm water runoff
from development that would otherwise degrade local water quality;
3. Reduce soil erosion and nonpoint source pollution, wherever possible, through
storm water management controls and to ensure that these management controls
are properly maintained and pose no threat to public safety;
4. To regulate the contribution of pollutants to the municipal separate storm sewer
system (MS4) by storm water discharges by any user;
5. To prohibit illicit connections and discharges to the municipal separate storm
sewer system;
6. To establish legal authority to carry out inspection, surveillance and monitoring
procedures necessary to ensure compliance with this Ordinance.
B. Applicability
This Ordinance shall apply to all areas of land within the incorporated limits and
extraterritorial jurisdiction of the Town. This Ordinance shall apply to all water entering
the storm drain system generated on any developed and undeveloped lands unless
explicitly exempted by the Town.
C. Disclaimer of Liability
The erosion protection required by this Ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. This Ordinance does
not imply that erosion controls will survive inundation by runoff from storms greater than
the design flood for erosion controls. This Ordinance shall not create liability on the part
of the Town, or any officer, employee, agent, or representative of the Town for any
erosion or related damages that result from reliance on this Ordinance, State or Federal
law or regulation, or any administrative decision lawfully made pursuant hereto or
pursuant to such State or Federal law or regulation.
D. Scope
Except where a waiver is granted; any person, firm, sole proprietorship, partnership,
corporation, state agency, or political subdivision proposing a land-disturbing activity
within the Town shall apply to the Town for the approval of the storm water pollution
control plan and/or an erosion control plan, as applicable. No land shall be disturbed
until the plan is approved by the Town and conforms to the standards set forth herein.
SECTION 3.
DEFINITIONS
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
Ordinance, shall have the meanings hereinafter designated.
Appeal: A request for review or interpretation of any provision of this Ordinance or a request for
a waiver.
Applicant: Any firm, entity, partnership, company, public utility company or individuals, who
plan to clear, grub, fill, excavate, grade or otherwise remove the vegetative cover of land, or who
plan to either subdivide land and install the appropriate infrastructure or renovate existing
structures, shall become applicants for a development permit upon submission of the appropriate
application materials.
Belowground installations: Activity that causes excess sediment-laden water, concrete sawing
wash water, wash water or drilling mud pumped from an excavation or structure and shall be
treated as sediment-laden runoff for erosion control purposes.
Best Management Practices (BMPs): Schedules of activities, prohibition of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
the municipal separate storm sewer system (MS4) and water of the United States. BMPs also
include treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
Builder: A person, partnership or corporation engaged in clearing, grubbing, filling, excavating,
grading, constructing a pad, installing service utility lines and/or constructing or placing a
building(s) or other structure(s) on a lot or other type of tract of land that is owned by a third
party or by the person, partnership or corporation, and that will not be further subdivided into
other lots.
Building: Any structure, either temporary or permanent, having walls and a roof, designed for
the shelter of any person, animal, or property.
Cellar Dirt: Construction site waste materials, such as natural rock and soil overburden.
CFR: Code of Federal Regulations.
Channel: A natural or artificial stream with a definite bed and banks that conveys continuously
or periodically flowing water. Channels are often further classified by their size and purpose. For
example, there are primary and secondary channels based on size, but diversions, waterways and
chutes are also channels.
Channel Improvement: The improvement of the flow characteristics of a channel by clearing,
excavating, realigning, lining or other means in order to increase its capacity. The term is
sometimes used to mean channel stabilization.
Channel Stabilization: Erosion prevention and stabilization of velocity distribution in a channel
using jetties, drops, revetments, vegetation and other measures.
Check Dam: A small dam constructed in a gully or other small watercourse to decrease the
stream flow velocity, minimize channel scour and promote deposition of sediment.
Clean Water Act: The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any
subsequent amendments thereto.
Clearing: Any activity that removes the vegetative surface cover.
Conduit: Any closed device for conveying flowing water.
Construction Activity: Activities subject to NPDES or TPDES Construction Permits including
but not limited to construction projects resulting in land disturbance of five thousand square feet
or more. Such activities also include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
Contaminated: Containing a harmful quantity of any substance.
Contamination: The presence of or entry into a public water supply system, the MS4, waters of
the state, or waters of the United States of any substance that may be deleterious to the public
health and/or the quality of the water.
Cosmetic Cleaning: Cleaning done for cosmetic purposes. It does not include industrial
cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or
any cleaning otherwise regulated under federal, state, or local laws.
Cover, Vegetative: All plants of all sizes and species found on an area, irrespective of whether
they have forage or other value, but especially used to refer to vegetation producing a mat on or
immediately above the soil surface. Temporary vegetative cover refers to the use of annual plants
for the cover, while permanent vegetative cover refers to the use of perennial plants.
Dedication: The deliberate appropriation of property by its owner for general public use.
Designated Official: Employee, agent, or representative of the town of Trophy Club designated
by the town Council and Town Manager for administration and enforcement of this Ordinance.
Detention Facility: A detention basin or alternative structure designed for the purpose of
temporary storage of stream flow or surface runoff and gradual release of stored water at
controlled rates.
Developer: A person, partnership, corporation or other entity who owns a tract of land and who
is engaged in clearing, grubbing, filling, mining, excavating, grading, installing streets and
utilities to be dedicated to or accepted by the Town and/or otherwise preparing that tract of land
for the eventual division of the tract into one or more lots on which building(s) or other
structure(s) will be constructed or placed.
Development: Any manmade change to improved or unimproved real estate, including, but not
limited to, adding buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, grading, clearing or removing the vegetative cover.
Discharge: Any addition or introduction of any pollutant, storm water, or any other substance
whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United
States.
Discharger: Any person or entity who causes, allows, permits, or is otherwise responsible for, a
discharge, including, without limitation, any operator of a construction site.
Disturbance: Any operation or activity, such as clearing, grubbing, filling, excavating, mining,
cutting, grading, or removing channel linings, which results in the removal or destruction of the
protective cover of soil, including vegetative cover, channel linings, retaining walls, and slope
protection.
Disturbed Areas: Any area or tract of land in which a disturbance is occurring or has occurred
but that has not been stabilized.
Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of
private land for storm water management purposes.
Drainage Way: Any channel that conveys surface runoff throughout the site.
Environmental Protection Agency or EPA: The United States Environmental Protection
Agency, or any duly authorized official of such agency.
Erosion: The wearing away of land by action of wind and water.
Erosion Control: Refers to methods employed to prevent erosion, to include soil stabilization
practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
Facility: Any facility, including construction sites, required by the Federal Clean Water Act to
have a permit to discharge storm water associated with construction activity.
Final Approval: Completion of a project, site or building in accordance with Town of Trophy
Club requirements and ordinances. In the case of a building, the point at which a permanent
certificate of occupancy is issued.
Fire Code: The "Fire Prevention and Protection" Ordinances as adopted by the Town.
Fire Department: Fire Services Division of the Department of Public Safety for Town of
Trophy Club, or any duly authorized representative thereof.
Fire Protection Water: Any water, and any substances or materials contained therein, used by
any person other than the Fire Department to control or extinguish a fire.
Gabion: A galvanized wire basket filled with stone for structural purposes. When fastened
together, they may be used as retaining walls, revetments, slope protection and similar structures.
Grading: Any stripping, cutting, excavation, filling, stockpiling of material or combination
thereof that modifies the existing land surface contour.
Grass: Any member of the botanical family Gramineae; herbaceous plants with bladelike leaves
arranged in two ranks on a round to flattened stem. Common examples are fescue, Bermuda
grass and Bahia grass. The term "grass" is sometimes used to indicate a combination of grass and
legumes grown for forage or turf purposes.
Harmful Quantity: The amount of any substance that will cause pollution of waters in the
state, waters of the United States, or that will cause lethal or sub-lethal adverse effects on
representatives, sensitive aquatic monitoring organisms belonging to the Town, upon their
exposure to samples of any discharge into waters in the state, waters of the United States, or the
MS4.
Hazardous Materials: Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Hotspot: An area where land use or activities generate highly contaminated runoff, with
concentrations of pollutants in excess of those typically found in storm water.
Illegal Discharge: Any direct or indirect non-storm water discharge to the storm drain system,
except as exempted by this Ordinance.
Illicit Connections: Either of the following:
A. Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system including but not limited to any
conveyances which allow any non-storm water discharge including sewage, process
wastewater, and wash water to enter the storm drain system and any connections to
the storm drain system from indoor drains and sinks, regardless of whether such drain
or connection had been previously allowed, permitted, or approved by an Designated
Official; or
B. Any drain or conveyance connected from a commercial or industrial land use to the
storm drain system which has not been documented in plans, maps, or equivalent
records and approved by an Designated Official.
Impervious Cover: Those surfaces that cannot effectively infiltrate rainfall (e.g., building
rooftops, pavement, sidewalks, driveways, etc.).
Infiltration: The process of percolating storm water into the subsoil.
Land-Disturbing Activity: Any activity, including but not limited to excavation, planting,
tilling, grading, digging, cutting, scraping, or excavating of soil, placement of fill materials,
paving, construction, substantial removal of vegetation, or any activity which bares soil or rock
or involves the diversion or piping of any natural or man-made watercourse, which disturbs the
natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain,
storm water runoff or wind. All installations and maintenance of franchise utilities such as
telephone, gas, electric, etc., shall be considered land-disturbing activities.
Landowner: The legal or beneficial owner of land, including those holding the right to purchase
or lease the land, or any other person holding proprietary rights in the land.
Mulching: The application of plant or other suitable materials on the soil surface to conserve
moisture, reduce erosion and aid in establishing plant cover.
Municipal Separate Storm Sewer System (MS4): The system of conveyances (including
sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, inlets, piped storm drains, pumping facilities, retention and detention
basins, natural and human-made or altered drainage channels, reservoirs, and other drainage
structures or storm drains) owned and operated by the Town and designed or used for collecting
or conveying storm water, and which is not used for collecting or conveying sewage.
National Pollutant Discharge Elimination System (NPDES): The national program for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and
imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the
Federal Clean Water Act, as amended.
Non-Point Source Pollution: Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be limited to, pollutants from
agricultural, mining, construction, subsurface disposal and urban runoff sources.
Non-Storm Water Discharge: Any discharge to the storm drain system that is not composed
entirely of storm water.
Notice Of Intent or NOI: The notice of intent that is required by the TPDES Storm Water
Multi-Section general permit, the EPA Region 6 TPDES Storm Water Construction general
permit.
NPDES: The National Pollutant Discharge Elimination System.
NPDES Permit: A permit issued by EPA (or by the state under authority delegated pursuant to
33 USC § 1342(b)), as amended, that authorizes the discharge of pollutants to waters of the
United States, whether the permit is applicable on an individual, group, or general area-wide
basis.
Off-Site Borrow Area: A source of earth fill material used in the construction of embankments
or other earth fill structures that is located on another parcel of property other than where the
principal construction is occurring.
Off-Site Facility: A storm water management measure located outside the subject property
boundary described in the permit application for land development activity.
Off-Site Sedimentation: Deposit of soil material beyond the limits of the property undergoing
land-disturbing activity or in town streets, alleys or drainage facilities in an amount sufficient to
constitute a threat to public safety and comfort.
Off-Site Spoil Area: An area on another parcel of property, other than where the principal
construction is occurring, where excess earth, rock or construction material is disposed of.
On-Site Facility: A storm water management measure located within the subject property
boundary described in the permit application for land development activity.
Operate: Drive, conduct, work, run, manage, or control.
Operator: The person or persons that either individually or taken together meet the following
two criteria: (1) they have operational control over the site specifications (including the ability to
make or authorize modifications in specifications); and (2) they have the day-to-day operational
control of those activities at the site necessary to ensure compliance with SWPPP requirements
and any permit conditions. This term includes but is not limited to Landowners, Developers, and
Builders who have control or oversight. As used herein the term “control” shall include without
limitation, actual control over details of the work, oversight, or payment responsibility for the
work being performed.
Perimeter Control: A barrier that prevents sediment from leaving a site by filtering sediment-
laden runoff or diverting it to a sediment trap or basin.
Permanent Erosion Controls: Stabilization of erosive or sediment-producing areas by the use
of means or techniques that will provide protection against erosion losses for an indefinite time
period.
Permanent Erosion Control Devices: Devices or practices installed prior to Final Approval and
maintained after Final Approval to prevent or minimize the erosion and deposit of soil materials.
Such devices may include, but shall not be limited to, permanent seeding, sod, storm drain
channels, channel linings, storm drain pipes, outlet velocity control structures and storm water
detention structures.
Permanent Ground Cover: Permanent vegetative cover on all bare soil areas of a property not
covered by a permanent structure or landscaping improvements, including but not limited to, live
sod, perennial grasses or other materials which lessen runoff and soil erosion on the property.
Person: Any individual, partnership, co-partnership, firm, company, corporation, association,
Joint Stock Company, trust, estate, governmental entity, or any other legal entity; or their legal
representatives, agents, licensees, lessees, assigns, or employees and includes but is not limited
to landowners, builders, and developers, as further defined in this Ordinance. This definition
also includes all Federal, State, and local governmental entities and their respective employees,
agents, officers, and representatives.
pH: The logarithm to the base 10 of the reciprocal of the concentration in grams per liter of
hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units.
Phased occupancy: Use or inhabitation of a single structure or other portion of a project as such
structure or portion thereof is completed, but before the project as a whole is fully completed and
finally approved.
Phasing: Clearing a parcel of land in distinct phases, with stabilization of each phase completed
before the clearing of the next phase.
Point Source: Any discernible, confined, and discrete conveyance, including but not limited to,
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be discharged. This term does not include return
flows from irrigated agriculture or agricultural storm water runoff.
Pollutant: Anything that causes or contributes to pollution. Pollutants may include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid
and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes; dredged spoil;
incinerator residue; sewage sludge; filter backwash; munitions; chemical wastes; biological
materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock;
sand; cellar dirt; and industrial, municipal, recreational, and agricultural waste discharged into
water or into the municipal separate storm sewer system; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Pollution: The alteration of the physical, thermal, chemical, or biological quality of, or the
contamination, of, any water of the state or water of the United States, that renders the water
harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public
health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any
lawful or reasonable purpose.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Related Land Area: Includes the property where the principal land disturbing activity is taking
place, all adjacent property, off-site borrow areas, off-site spoil areas, off-site properties
necessary for required utility extensions, and off-site areas for required street improvements.
Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, or disposing into ground-water, subsurface soils, surface soils, the
municipal separate storm sewer system (MS4), the waters of the state, or the waters of the United
States.
Responsible Party: A business entity, franchised utility company, developer, Landowner,
Builder, contractor or holder of a building permit who is required to comply with the terms of
this Ordinance.
Riprap: Broken rock, cobbles or boulders placed on earth surfaces, such as the face of a dam or
the bank of a stream, for protection against the action of water.
Runoff: That portion of the precipitation that makes its way toward stream channels or lakes as
surface or subsurface flow. When the term "runoff" is used alone, surface runoff usually is
implied.
Sediment: Solid soil material, both mineral and organic, that is being moved or has been moved
from its original site by wind, gravity, flowing water or ice. Also sometimes referred to as "silt"
or "sand."
Sediment Control: Measures that prevent eroded sediment from leaving the site.
Site: A parcel of land or a contiguous combination thereof, where grading work is performed as
a single unified operation.
Soil: The unconsolidated mineral and organic material on the immediate surface of the earth that
serves as a natural medium for the growth of plants.
Stabilization: The use of practices that prevent exposed soil from eroding.
Stabilized: To be protected from possible erosion losses, usually by the use of vegetative cover.
Staging Area: An on-site or off-site location used by a contractor to store materials for a project,
to assemble portions of equipment or structures, to store equipment or machinery, to park
vehicles, or for other construction related uses.
Start of Construction: The first land-disturbing activity associated with a development,
including but not limited to land preparation such as clearing, grading, and filling; installation of
streets and walkways; excavation for basements, footings, piers, or foundations; erection of
temporary forms; and installation of accessory buildings such as garages.
State: State of Texas.
Stop Work Order: The suspension of all Town permits with no approvals or inspections of
work for the site or project being performed and requiring that all construction activity on a site
be stopped.
Storm Drainage System: See municipal separate storm water system.
Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any
form of natural precipitation, and resulting from such precipitation.
Storm Water Discharge Permit: A permit issued by EPA (or by a state under authority
delegated pursuant to 33 USC § 1342(b)), as amended, that authorizes the discharge of pollutants
to waters of the United States, whether the permit is applicable on an individual, group, or
general area-wide basis.
Storm Water Management: The use of structural or non-structural practices that are designed
to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and
detrimental changes in stream temperature that affect water quality and habitat.
Storm Water Pollution Prevention Plan (SWPPP or SWP3): A plan to describe a process
whereby a facility thoroughly evaluates potential pollutant sources at a site and selects and
implements appropriate measures designed to prevent or control the discharge of pollutants in
storm water runoff. A comprehensive program to manage the quality of storm water discharged
to a municipal separate storm sewer system.
Storm Water Runoff: Flow on the surface of the ground, resulting from precipitation.
Storm Water Treatment Practices (STPs): Measures, either structural or nonstructural, that
are determined to be the most effective, practical means of preventing or reducing point source
or nonpoint source pollution inputs to storm water runoff and water bodies.
Temporary Erosion Protection: The stabilization of erosive or sediment-producing areas for a
specific time period, usually during a construction job.
Texas Commission on Environmental Quality (TCEQ): The Texas Commission on
Environmental Quality, or any duly authorized official of such agency.
Texas Pollutant Discharge Elimination System-TPDES: The program delegated to the state of
Texas by the EPA pursuant to 33 USC § 1342(b), as amended.
Town: Town of Trophy Club, Texas.
Uncontaminated: Not containing a harmful quantity of any substance.
USC: United States Code, as amended.
Violation: The failure of a site or development to be fully compliant with this Ordinance, state
or federal law, or local, state, or federal regulation.
Waiver: A grant of relief to a person from the requirements of this Ordinance when specific
enforcement would result in unnecessary hardship. A waiver, therefore, permits construction or
development in a manner otherwise prohibited by this Ordinance.
Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged
from a facility.
Water in the State: Ground-water, percolating or otherwise, lakes, bays, ponds, impounding
reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals inside the territorial
limits of the state, and all other bodies of surface water, natural or artificial, navigable or non-
navigable, and including the bed and banks of all watercourses and bodies of surface water that
are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
Waters of the United States: All waters which are currently used, were used in the past, or may
be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate
wetlands; all other waters the use, degradation, or destruction of which would affect or could
affect interstate wetlands; all other waters the use, degradation, or destruction of which would
affect or could affect interstate or foreign commerce; all impoundments of waters otherwise
defined as waters of the United States under this definition; all tributaries of waters identified in
this definition; all wetlands adjacent to waters identified in this definition; and any waters within
the federal definition of "waters of the United States" at 40 CFR § 122.2, as amended; but not
including any waste treatment systems, treatment ponds, or lagoons designed to meet the
requirements of the federal Clean Water Act.
Watercourse: Any permanent or intermittent stream or other body of water, either natural or
manmade, which gathers or carries surface water any body of water, including, but not limited to
lakes, ponds, rivers, streams, and/or bodies of water that may be delineated by the Town of
Trophy Club.
Waterway: A channel that directs surface runoff to a watercourse or to the public storm drain.
Wetland: An area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
SECTION 4.
CONDUCT AND AFFIRMATIVE DEFENSES – PROHIBITED
A. Discharge to MS4 Prohibited
1. A person commits an offense if the person introduces or causes to be introduced into the
MS4 any discharge that is not composed entirely of storm water in violation of this
ordinance or other applicable law. No person shall discharge or cause to be discharged
into the municipal storm drain system or watercourses any materials, including but not
limited to pollutants or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than storm water.
2. A person commits an offense if the Person introduces or causes to be introduced into the
MS4 any harmful quantity of any substance. The commencement, conduct, or
continuance of any illegal discharge to the storm drain system is prohibited.
B. Affirmative Defense
1. It is an affirmative defense to any enforcement action for a violation of subsection (a) that
the discharge was composed entirely of one or more of the following categories of
discharges:
a. A discharge authorized by, and in full compliance with, a TPDES permit (other
than the TPDES permit for discharges from the MS4);
b. A discharge or flow resulting from fire fighting by the fire department;
c. A discharge or flow of fire protection water that does not contain oil or hazardous
substances or materials that the Fire Code requires to be contained and treated
prior to discharge, in which case treatment adequate to remove harmful quantities
of pollutants must have occurred prior to discharge;
d. Agricultural storm water runoff;
e. A discharge or flow from water line flushing or disinfection that contains no
harmful quantity of total residual chlorine (TRC) or any other chemical used in
line disinfection;
f. A discharge or flow from lawn watering, or landscape irrigation;
g. A discharge or flow from a diverted stream flow or natural spring;
h. A discharge or flow from uncontaminated pumped groundwater or rising
groundwater;
i. Uncontaminated groundwater infiltration (as defined as 40 CFR § 35.2005(20)) to
the MS4;
j. Uncontaminated discharge or flow from a foundation drain, crawl space pump, or
footing drain;
k. A discharge or flow from a potable water source not containing any harmful
substance or material from the cleaning or draining of a storage tank or other
container;
l. A discharge or flow from air conditioning condensation that is unmixed with
water from a cooling tower, emissions scrubber, emissions filter, or any other
source of pollutant;
m. A discharge or flow from individual residential car washing;
n. A discharge or flow from a riparian habitat or wetland;
o. A discharge or flow from cold water (or hot water with prior permission of the
Designated Official used in street washing or cosmetic cleaning that is not
contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant,
or any other harmful cleaning substance;
p. Drainage from a private residential swimming pool containing no harmful
quantities of chlorine or other chemicals. Drainage from swimming pool filter
backwash is prohibited; or
q. A discharge of flow of uncontaminated storm water pumped from an excavation.
2. No affirmative defense shall be available if:
a. The discharge or flow in question has been determined by the Designated Official
to be a source of a pollutant or pollutants to the waters of the United States or to
the MS4;
b. Written notice of such determination has been provided to the discharger;
c. The discharge has continued after the expiration of the time given in the notice to
cease the discharge.
C. Connection of Sanitary Sewer Prohibited
1. A person commits an offense if the person connects a line conveying sewage to the MS4,
or allows such connection to continue. The construction, use, maintenance or continued
existence of illicit connections to the storm drain system is prohibited. This prohibition
expressly includes, without limitation, illicit connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at
the time of connection.
SECTION 5.
NUISANCES
A. An actual or attempted discharge to the MS4 that violates this Ordinance or other
applicable law is hereby declared to be a nuisance and is prohibited by this Ordinance. A
line conveying sewage or designed to convey sewage that is connected to the MS4 is
declared to be a nuisance and is therefore prohibited by this Ordinance.
B. It shall be unlawful and an offense and shall constitute a nuisance for any person owning
or having control of real property within the Town to suffer or permit soil, mud, rock or
debris to wash, slide, erode or otherwise be moved from said real property onto streets,
alleys, utility facilities, rights-of-way or easements. It shall be the duty of each Person
owning or having control thereof to prevent soil, mud, rock or debris from such real
property being deposited or otherwise transported onto the streets, alleys, utility facilities,
rights-of-way or easements of the Town and to inspect such property and acquaint
themselves with the conditions existing and to remedy any conditions likely or calculated
to allow soil, mud, rock or debris to wash, slide, erode or otherwise be transported onto
the streets, alleys, utility facilities, rights-of-way or easements and failure to do so shall
be deemed criminal negligence for the purpose of the offense described herein.
SECTION 6.
RUNOFF FROM CONSTRUCTION ACTIVITY
A. Applicability
This section applies to all construction and/or land disturbing activities that exceed five
thousand square feet in area, either alone or as part of a larger development, in the Town of
Trophy Club, or its extraterritorial jurisdiction. The provisions of this section shall apply to
all Persons filling, grading, excavating or otherwise conducting land-disturbing activities or
causing directly or ordering land-disturbing activities to occur within the Town, whether they
be contractors, subcontractors, supervisors, inspectors, managers, agents, employees or
otherwise. This section shall apply regardless of whether a Person is required to obtain a
permit from the Town in order to conduct such land-disturbing or construction activity.
B. Responsibilities
All Persons shall be accountable for any erosion of their property or construction site,
whether such property is owned or otherwise under the direct or indirect control of such
Person, when the result of such activity is the accumulation of sediment in dedicated streets,
alleys, any waterway or other private properties. Any accumulation or deposit of soil material
beyond the limits of such premises or in Town streets, alleys or drainage facilities or other
private property in an amount sufficient to constitute a threat to public safety and comfort as
determined by the Designated Official, shall constitute a violation of this Ordinance.
All Persons shall be responsible for all cleanup operations incidental to or related to land-
disturbing activity under their direct or indirect ownership or control. Cleanup
responsibilities shall include, without limitation, the leveling, establishment of ground cover,
erosion control and removal of all trash or other materials not suitable for fill including those
deposited on streets, alleys, utility facilities, rights-of-way or easements or such other
remedial action as determined appropriate by the Designated Official in order to protect the
public safety and welfare.
Every landowner of premises through which a watercourse passes, including such person’s
lessee, licensee, agent, or assign shall keep and maintain that part of the watercourse within
the premises free of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. In
addition, such landowner shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use,
function, or physical integrity of the watercourse or disrupt the natural flow of water through
the watercourse.
C. Remedial Action Authorized
If a Person fails in any respect to fulfill the requirement of this Ordinance, the Designated
Official may go upon the Person’s property and perform such work as may be necessary to
fulfill such requirements and may level, establish ground cover, construct erosion control,
remove all soil, rock, debris and other materials not suitable for fill including those deposited
on streets, alleys, utility facilities, rights-of-way or easements, at the Person’s expense and
charge same against the Person’s deposit. If a deposit has not been made with the Town, or if
the cost incurred by the Town exceeds the amount of the deposit, the Town may bill such
person for the unpaid expenses and if the person fails to pay the Town for such expenses
within thirty days of being billed for same, the Town shall have the right to place a lien on
the Land property which shall be filed with the county clerk for all amounts expended by the
Town in excess of the deposit plus interest at the current lawful rate.
D. Permits Required
1. Grading Permits
a. No person shall undertake any land-disturbing activity for an area that exceeds
five thousand square feet without first obtaining a grading permit from the Town of
Trophy Club. No landowner shall knowingly permit another person to fill, grade,
excavate or otherwise disturb the surface of real property within the Town without
first having secured a permit from the Town.
b. No grading permit is required for the following activities:
i. Any emergency activity that is immediately necessary for the protection of
life, property, or natural resources; or
ii. Existing nursery and agricultural operations conducted as a permitted
main or accessory use.
2. Storm Water Pollution Prevention Plans and Erosion Control
a. No person shall be granted a grading permit for a land-disturbing activity that would
require the uncovering of five thousand or more square feet without the approval of
either an erosion control plan and/or storm water pollution prevention plan as
determined necessary by the Designated Official by the Town of Trophy Club.
b. Inspections of storm water pollution prevention plan’s measures. At a minimum,
such inspections shall be done weekly by the developer, or the developer’s designated
representative, and within twenty-four (24) hours after every storm or snow melt
event large enough to result in runoff from the site (approximately 0.25 inches or
more in twenty-four (24) hours). At a minimum, these inspections shall be done
during active construction and all inspections shall be logged/recorded into Plan.
c. Submission of NOI to Town
A Person performing land-disturbing activities to include construction projects that
disturbs five (5) or more acres is required to have a TPDES permit to discharge storm
water associated with construction activity and such Person shall submit a copy of the
Notice of Intent (NOI) to the Town at the same time the Person submits the original
NOI to TCEQ. The copy of the NOI may be delivered to the Town, either in person
or by mailing it to:
Town of Trophy Club
Community Development Department
Notice of Intent to Discharge Storm Water
100 Trophy Club Drive
Trophy Club, Texas 76262
d. Submission of Site Notice to Town
A Person performing land-disturbing activities to include construction projects that
will disturb one (1) or more acres, but less than five (5) acres, including the larger
common plan of development, is required to have a TPDES permit to discharge storm
water associated with such land-disturbing activity and construction and shall submit
a copy of the Site Notice to the Town at the same time such Person completes and
posts said site notice at the construction site. The copy of the Site Notice may be
delivered to the Town, either in person or by mailing it to:
Town of Trophy Club
Community Development Department
Site Notice to Discharge Storm Water
100 Trophy Club Drive
Trophy Club, Texas 76262
Section 7.
EROSION CONTROL DEPOSIT ACCOUNT
A. Erosion Control Deposit Account
In addition to the other requirements of this Ordinance, when construction or land-disturbing
activities are conducted as part of a subdivision project, the following shall apply:
i. Erosion Control Deposit Account.
Prior to approval of the grading permit, the Person making application for such permit
shall submit an erosion control plan for approval by the Town and shall pay an erosion
control deposit to the Town in an amount established by Town Council. The deposit shall
be posted to ensure implementation and continued maintenance of the Town-approved
erosion control plan for the development as required by this Ordinance. No inspection of
any type may be performed on a project or portion thereof until the responsible party
implements a Town-approved erosion control plan.
ii. Final Acceptance
Permanent erosion control devices, and when applicable, temporary erosion control
devices, as specified in the approved erosion control plan shall be properly installed and
maintained prior to final acceptance of a subdivision. The landowner for such subdivision
shall continue to maintain all temporary erosion control devices until permanent erosion
control has been established on all those lots within the subdivision for which a building
permit has not been issued.
iii. Transfer of Property by Developer
If the landowner sells all of the lots in a subdivision that purchaser becomes the
Responsible Party for the subdivision, is liable for compliance with this Ordinance and
for violations of this Ordinance, and shall post an erosion control deposit as required by
this Ordinance. The balance remaining in the original account shall be released as
provided herein upon the submission of written proof of transfer of lots or a new erosion
control deposit by the purchaser. As required by this Ordinance, the new Landowner shall
post an erosion control deposit with the Town.
iv. Deductions from Erosion Control Deposit Account/Stop Work Orders/ Citation
The Town will inspect the erosion control devices located at a site for compliance with
the approved erosion control plan. If a landowner fails to implement or maintain erosion
control devices as specified in the approved erosion control plan, Town shall provide
such Person with written notice of noncompliance identifying the nature of the
noncompliance. Such notice shall also inform the Person of the circumstances under
which a deduction from his deposit account will be made and the time frame for the filing
of an appeal of such action by Town. The Person shall have twenty-four (24) hours to
bring his erosion control devices into compliance with the approved erosion control plan
for the site to which notice of noncompliance was issued. Correction shall include
sediment cleanup, erosion control device repair, erosion control device maintenance
and/or installation of additional erosion control devices to prevent re-occurrence of the
violation. The twenty-four (24) hour cure period may be extended for inclement weather
or other factors at the discretion of the Designated Official.
At the end of the twenty-four (24) hour cure period, Town shall re-inspect the site and
shall deduct a re-inspection fee as set by the Town Council from the Person’s erosion
control deposit account. If at the time of such re-inspection, the erosion control devices at
the site have not been brought into compliance with the approved erosion control plan,
Town may issue a stop work order for each violation of this Ordinance. All deductions
from a Person’s erosion control deposit account may be appealed as provided in this
Ordinance.
v. Erosion Control Deposit Account Balance--Deposit Refund
a. Upon determination by the Designated Official that no further hazard of erosion,
silting, or debris being deposited on streets, alleys, utility facilities, rights-of-way or
easements exists by reason of the condition of land for which a deposit is made, so
much of such deposit that is not required to reimburse the Town for the expense of
removal of soil, mud, rock, and debris from its streets, alleys, utility facilities, rights-
of-way or easements by reason of work performed on such land shall be refunded.
The reasonable charge of such removal by the Town shall be billed to depositor.
b. Upon the sale of a lot or lots by a Landowner who has an erosion control deposit, the
Town shall refund a pro-rata portion of the erosion control deposit less any amount
for costs incurred by the Town in enforcing the requirements of this Ordinance with
regard to the lot or lots sold.
vi. Erosion Control Deposits
Erosion control deposits posted pursuant to the requirements of this Ordinance shall not
accrue interest.
B. Land-Disturbing Activities Associated with Construction on a Single Residential Lot
When land-disturbing activities are conducted on a residential lot for which a building permit
must be issued, the Person to whom the building permit is issued shall comply with the
following:
i. Erosion Control Plan: Prior to approval of a building permit for a residential lot by
the Town, the Person obtaining the building permit shall submit an erosion control
plan for approval by the Town. No inspection may be performed on a project until a
town-approved erosion control plan is implemented.
ii. Stop Work Order/Citation: The Town shall inspect the erosion control devices located
at a site for compliance with the approved erosion control plan submitted for such
site. If a Person fails to implement or maintain erosion control devices as specified in
the approved erosion control plan, the Town shall provide such Person with written
notice of noncompliance identifying the nature of such noncompliance. Such Person
shall have twenty-four (24) hours to bring the erosion control devices into compliance
with the intent of the approved erosion control plan for the site where the violation
occurred. Modifications to the approved erosion control plan may be required to
maintain all sediment on-site. Correction shall include, without limitations, sediment
cleanup, erosion control device repair, erosion control device maintenance, and/or
installation of additional erosion control devices to prevent re-occurrence of the
violation. The twenty-four (24) hour cure period may be extended for inclement
weather or other factors at the discretion of the Designated Official. If the intent of
the approved control plan (maintaining sediment on-site) is not met, then such Person
shall take action within twenty-four (24) hours to control soil eroding from the site
and cleanup any sediment and shall have one (1) week to submit a new erosion
control plan. Work may continue during the review period. Implementation of this
plan will be required within twenty-four (24) hours of plan approval by the
Designated Official. If no plan is submitted within one week, then construction
activities shall be halted until a new plan is submitted and approved. At the end of the
twenty-four (24) hour cure period, the Town shall re-inspect the site and may assess a
re-inspection fee. If at the time of such re-inspection, the erosion control devices at
the site have not been brought into compliance with the approved erosion control
plan, the Town may issue a stop work order and issue a citation for each violation of
the Town’s erosion control requirements. When a stop work order has been issued, a
re-inspection fee shall be assessed. To obtain a re-inspection for removal of the stop
work order, a request must be submitted and a re-inspection fee as set by the Town
Council, shall be paid.
C. Storm Water Pollution Prevention Plan Requirements
1. Storm water pollution prevention plans shall be prepared in accordance with the
requirements of the "iSWM Design Manual for Construction Activities," North Central
Texas, latest edition, as published by the North Central Texas Council of Governments.
Each erosion control plan required by this Ordinance shall clearly identify all erosion and
sediment control measures to be installed and maintained throughout the duration of the
project for which that plan is submitted. Cut and fill slopes shall be no greater than 2:1,
except as approved by Town of Trophy Club to meet other community or environmental
objectives. A Person shall install and maintain erosion control devices in accordance with
the town-approved erosion control plan as required by this Ordinance.
2. Modifications to a plan may be authorized by the Town by written authorization to the
Person, and may include:
a. Major amendments of the erosion and sediment control plan submitted to the Town,
and/or
b. Field modifications of a minor nature.
3. Off-Site Borrow, Spoil and Staging Areas: Where applicable, off-site borrow areas, spoil
areas and construction staging areas shall be considered as part of the project site and
included as part of the disturbed land area and shall be subject to the regulation of this
Ordinance.
4. Related Land Areas: The erosion control requirements of this Ordinance shall apply to
all related land areas. Additionally, when land-disturbing activity occurs on premises, all
disturbed land areas related to the premises shall have permanent erosion control
measures established before final occupancy of structures located thereon or final
acceptance of the subdivision may be obtained. This section applies whether or not a
building permit is required.
5. Belowground Installations: All discharges resulting from belowground installations shall
be passed through Town-approved erosion control devices or removed from the site for
proper disposal.
6. Erosion Control Plan Implementation and Compliance: Each Person shall implement and
maintain the erosion control measures shown on his approved erosion control plan in
order to minimize erosion and the transport of silt, earth, topsoil, etc., by water runoff or
construction activities, beyond the limits of the Person’s site onto Town streets, drainage
easements, drainage facilities, storm drains or other Town property prior to beginning any
land-disturbing activity.
7. General Guidelines for Erosion Control Plans and Implementation.
a. Maximum use shall be made of vegetation to minimize soil loss.
b. Natural vegetation should be retained wherever possible.
c. Where inadequate natural vegetation exists, or where it becomes necessary to remove
existing natural vegetation, temporary controls should be installed promptly to
minimize soil loss and ensure that erosion and sedimentation does not occur.
d. Clearing, except that necessary to establish sediment control devices, shall not begin
until all sediment control devices have been installed and have been stabilized.
e. Wherever possible during construction, erosion controls should be used on hillsides to
slow drainage flow rate.
f. Erosion control elements should be implemented as soon as practical in the
development process.
g. Waste or disposal areas and construction roads should be located and constructed in a
manner that will minimize the amount of sediment entering streams.
h. Frequent fording of live streams will not be permitted; therefore, temporary bridges
or other structures shall be used wherever an appreciable number of stream crossings
are necessary.
i. When work areas or material sources are located in or adjacent to live streams, such
areas shall be separated from the stream by a dike or other barrier to keep sediment
from entering a flowing stream. Care shall be taken during the construction and
removal of such barriers to minimize the sediment transport into a stream.
j. Should preventative measures fail to function effectively; a Person shall act
immediately to bring the erosion and/or siltation of premises under his ownership or
control under control by whatever additional means are necessary.
k. Erosion control devices shall be placed to trap any losses from stockpiled topsoil.
l. The selection and timing of the installation of erosion controls shall be based upon
weather and seasonal conditions that could make certain controls not practicable.
m. Vegetation used for vegetative cover shall be suitable for local soil and weather
conditions. Ground cover plants shall comply with listings from the Texas
Agricultural Extension Service for North Central Texas.
n. Runoff shall be diverted away from construction areas as much as possible.
o. Stripping of vegetation from project sites shall be phased so as to expose the
minimum amount of area to soil erosion for the shortest possible period of time.
Phasing shall also consider the varying requirements of an erosion control plan at
different stages of construction. Phasing shall be required on all sites disturbing
greater than thirty acres, with the size of each phase to be established at plan review
and as approved by the Town as determined appropriate by the Town Engineer.
p. Developers, builders, or owners of property shall install all utilities, including
franchise utilities, before final acceptance of a subdivision, property and/or structure.
Final acceptance will also be contingent upon having all necessary erosion control
measures installed to minimize off-site sediment. A site may be accepted without
erosion control measures if perennial vegetative cover is actively growing at the
discretion of the Town’s designated official.
q. Silt fencing in place longer that sixty (60) days and silt fencing placed on slopes shall
be wire-backed.
8. Erosion control requirements shall include the following:
a. Stabilization Requirements: Any area of land from which the natural vegetative cover
has been either partially or wholly cleared or removed by development activities shall
be revegetated within fourteen (14) days from the substantial completion of such
clearing and construction. The following criteria shall apply to revegetation efforts:
i. Reseeding must be done with an annual or perennial cover crop accompanied by
placement of straw mulch or its equivalent of sufficient coverage to control
erosion until such time as the cover crop is established over ninety percent (90%)
of the seeded area.
ii. Replanting with native woody and herbaceous vegetation must be accompanied
by placement of straw mulch or its equivalent of sufficient coverage to control
erosion until the plantings are established and are capable of controlling erosion.
iii. Any area of revegetation must exhibit survival of a minimum of seventy-five
percent (75%) of the cover crop throughout the year immediately following
revegetation. Revegetation must be repeated in successive years until the
minimum seventy-five percent (75%) survival for one (1) year is achieved.
b. Special techniques that meet the design criteria outlined in the "Design Manual for
Construction” published by the North Central Texas Council of Governments on
steep slopes or in drainage ways shall be used to ensure stabilization.
c. Soil stockpiles must be stabilized or covered at the end of each workday.
d. The entire site must be stabilized, using a heavy mulch layer or another method that
does not require germination to control erosion, at the close of the construction
season.
e. Techniques shall be employed to prevent the blowing of dust or sediment from the
site.
f. Techniques that divert upland runoff past disturbed slopes shall be employed.
9. Sediment control requirements shall include:
a. Settling basins, sediment traps, or tanks and perimeter controls.
b. Settling basins that are designed in a manner that allows adaptation to provide long-
term storm water management, if required by the Town of Trophy Club.
c. Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
10. Waterway and watercourse protection requirements shall include:
a. A temporary stream crossing installed and approved by the Town of Trophy Club if a
wet watercourse will be crossed regularly during construction.
b. Stabilization of the watercourse channel before, during, and after any in-channel
work.
c. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved
channels.
d. Restrict clearing within twenty-five (25) feet of waterway.
11. Construction site access requirements shall include:
a. A temporary access road provided at all sites.
b. Other measures required by the Town of Trophy Club in order to ensure that
construction vehicles do not track sediment onto public streets or washed into storm
drains.
12. Erosion Hazard Setbacks.
a. Erosion hazard setback determinations will be made for every stream in which natural
channels are to be preserved. Natural channel banks will be protected by use of the
determined setbacks unless a plan to stabilize and protect stream banks is approved
by the Designated Official.
E. Certificated Telecommunication Providers and Franchised Utility Companies
Subject to the terms of its franchise agreement with the Town, including but not limited to
terms regarding permits, a certificated telecommunication providers and a franchised utility
company (hereinafter collectively referred to as “Utility”) engaging in land-disturbing
activities within the Town of Trophy Club shall comply with the following:
1. Erosion Control Plan: Prior to beginning any land-disturbing activity or upon the
effective date of this ordinance, an erosion control plan shall be submitted for approval
by the Town.
2. Stop Work Order/Citation: The Town Designated Official shall inspect the erosion
control devices located at a site for compliance with the approved erosion control plan
submitted for such site. If a Utility fails to implement or maintain erosion control devices
as specified in the approved erosion control plan, the Town shall provide such party with
written notice of noncompliance identifying the nature of such noncompliance. The
Utility shall have twenty-four (24) hours to bring his erosion control device(s) into
compliance with the approved erosion control plan for the site where the violation
occurred. Correction shall include sediment cleanup, erosion control device repair, and
erosion control device maintenance. The twenty-four (24) hour cure period may be
extended for inclement weather or other factors at the discretion of the inspector.
At the end of the twenty-four (24) hour cure period, the Town shall re-inspect the site. If
at the time of such re-inspection, the erosion control devices at the site have not been
brought into compliance with the approved erosion control plan, the Town may issue a
stop work order and issue a citation for each violation of the approved erosion control
plan for said site. To obtain a re-inspection for removal of the stop work order, a request
for re-inspection must be submitted along with payment of a re-inspection fee as set by
Town Council.
F. Removal of Erosion Control Devices
Upon final occupancy or upon establishing permanent ground cover on a lot, all
temporary erosion control devices shall be removed. Failure to do so shall be a violation
of this Ordinance.
SECTION 8.
MAINTENANCE AND REPAIR OF STORMWATER FACILITIES
A. Inspection and Maintenance Associated with Construction Runoff BMPs
All persons subject to the requirements of this Ordinance shall maintain the required
erosion and sediment control devices in a clean and operational state. Such person shall
inspect each erosion and sediment control device after each rainfall event that exceeds
one-half inch (1/2”) in twenty-four (24) hours, or every fourteen (14) calendar days,
whichever occurs first. Such person shall repair, replace, or remove sediment as
necessary.
Such person shall also comply with any maintenance or repair directive given by the
Town’s inspector. Failure to comply with a Town directive may result in deductions from
the erosion control deposit account or stop work orders as provided in Section 7.A.iv, or
as provided in Section 7.B.ii.
B. Records of Installation
Persons responsible for the operation of a storm water management facility shall make
records of the installation and repairs, and shall retain the records for at least two (2)
years. These records shall be made available to the Town during inspection of the facility
and at other reasonable times upon request.
SECTION 9.
ADMINISTRATION AND ENFORCEMENT
A. Town Responsibilities
1. Authority: The Designated Official is authorized to administer, implement, and
enforce the provisions of this Ordinance, include but not limited to all
administrative guidelines, regulations, and interpretations of this Ordinance.
The Town shall administer, implement, and enforce the provisions of this
Ordinance. Any powers granted or duties imposed upon the Designated Official
may be delegated in writing by the Designated Official to persons or entities
acting in the beneficial interest of or in the employ of the Town.
2. Inspections: Inspection programs may be established on any reasonable basis,
including but not limited to, routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection of
drainage basins or areas identified as higher than typical sources of sediment or
other contaminants or pollutants; inspections of businesses or industries of a type
associated with higher than usual discharges of contaminants or pollutants or with
discharges of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards or the NPDES
storm water permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to:
reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in drainage control facilities; and evaluating
the condition of drainage control facilities and other storm water treatment
practices.
All inspections of the storm water management facility shall be documented and
written reports prepared that contain the following information:
a. The date and location of the inspection;
b. Whether construction is in compliance with the approved storm water
pollution prevention plan;
c. Variations from the approved construction specifications;
d. Any violations that exist.
If any violations are found, the Person shall be notified in writing of the nature of
the violation and the required corrective actions. No added work shall proceed
until any violations are corrected and all work previously completed has received
approval by the Town.
3. Right-of-Entry for Inspection: When any new drainage control facility is installed
on private property, or when any new connection is made between private
property and a public drainage control system, sanitary sewer or combined sewer,
the property owner shall grant to the Town the right to enter the property at
reasonable times and in a reasonable manner for the purpose of inspection. This
includes the right to enter a property when it has a reasonable basis to believe that
a violation of this Ordinance is occurring or has occurred, and to enter when
necessary for abatement of a public nuisance or correction of a violation of this
Ordinance.
B. Minimum Standards
The standards set forth herein and promulgated pursuant to this Ordinance are minimum
standards; therefore this Ordinance does not intend nor imply that compliance by any
person will ensure that there will be no contamination, pollution, nor unauthorized
discharge of pollutants.
It shall be the responsibility of all Person subject to this Ordinance to secure all other
regulatory permits associated with developmental drainage improvements. These include
but are not limited to U.S. Corps of Engineer 404 permits, Texas Commission on
Environmental Quality permits, and U.S. Environmental Protection Agency discharge
permits. Such person shall notify the Town in advance before the commencement of
construction.
C. Enforcement and Penalties
1. Violations
It shall be an offense for a any Person subject to this Ordinance to violate any of the
requirements of this Ordinance, including, but not limited to, the following:
a. Conducting any land-disturbing or construction activity without an
approved erosion control plan for the location where the violation
occurred.
b. Failing to install erosion control devices or to maintain erosion control
devices throughout the duration of land-disturbing activities, in
compliance with the approved erosion control plan for the location where
the violation occurred.
c. Failing to remove off-site sedimentation that is a direct result of land
disturbing activities where such off-site sedimentation results from the
failure to implement or maintain erosion control devices as specified in an
approved erosion control plan for the location where the violation
occurred.
d. Allowing sediment-laden water resulting from belowground installations
to flow from a site without being treated through an erosion control
device.
e. Failing to repair damage to existing erosion control devices, including
replacement of existing grass or sod.
f. Failing to comply with any express provision of this Ordinance or of State
or Federal law or regulation.
2. Proceeding Without Applicable Permits
Any Person who fails to obtain a development permit before beginning
construction is in violation of this Ordinance. In addition to the penalties outlined
in this Ordinance; no building permit, plat, site plan, certificate of occupancy or
other use permit shall be issued for any construction, reconstruction or
development upon any land where such construction, reconstruction or
development is not in conformity with the requirements and intent of this
Ordinance. Anyone who violates any of the terms and provisions of this
Ordinance shall be denied the use permit until the violation is corrected.
Any development activity that is commenced or is conducted contrary to this
Ordinance may be restrained by injunction or otherwise abated in a manner
provided by law.
3. Notice of Violation: Written notice of violation shall be given to the responsible
Person or his job site representative as identified in the erosion control plan for a
site. Such notice shall identify the nature of the alleged violation and the action
required to obtain compliance with the approved erosion control plan.
4. Stop Work Orders: Persons receiving a notice of violation will be required to halt
all construction activities. This "stop work order" will be in effect until the Town
of Trophy Club confirms that the development activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil, criminal, or monetary penalties in
accordance with the enforcement measures authorized in this Ordinance or other
State or Federal law.
5. Criminal Penalties: Any person, firm, or corporation performing land-disturbing
activities and/or violating any of the provisions or terms of this Ordinance and not
complying within the time periods stated in this document shall be deemed guilty
of a Class C misdemeanor and, upon conviction thereof, be subject to a fine not
exceeding five hundred dollars ($500.00) for each offense, and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
6. Restoration of Lands: Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not undertaken within a
reasonable time after notice, the Town may take necessary corrective action, the
cost of which shall become a lien upon the property until paid.
7. Holds on Occupancy Permits: Occupancy permits will not be granted until a
correction to all storm water practices have been made and accepted by the Town.
D. Appeal and Waiver Procedures
1. Appeals: Any person aggrieved by a decision of the Designated Official or
requesting a waiver of any of the regulations may appeal from any order,
requirement, decision or determination of the Designated Official to the Planning
and Zoning Commission (“Commission”). The aggrieved person shall file an
appeal in writing with the Commission within ten (10) days from the date of the
decision. If no resolution of the appeal can be reached with the Commission, the
Town Council shall hear the appeal within thirty (30) days from the date received
by the Commission.
2. Waivers: Waivers for any type of permit or storm sewer facilities shall be issued
only upon a determination that the waiver is the minimum necessary to afford
relief considering the flood hazard, drainage problems and soil loss. The waiver
shall be issued only upon meeting all three of the criteria listed below:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the waiver would result in
exceptional hardship to the applicant, including an exceptional hardship
created by the applicability of the effective date to the application for a
permit; and
c. A determination that the granting of a waiver will not result in additional
threats to public safety or extraordinary public expense, create nuisances,
cause fraud on or victimization of the public or conflict with existing local
laws.
In considering waiver requests, the Commission and the Town Council shall
consider all technical evaluations, all relevant factors, standards specified in other
sections of this Ordinance.
Upon consideration of the relevant factors and the purposes of this Ordinance, the
Planning and Zoning Commission may attach such conditions to the granting of
waivers, as it deems necessary to further the purposes of this Ordinance.
SECTION 11.
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or work in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of the Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 12
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance
shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent
that they are inconsistent with this Ordinance. Provided however, that any complaint, action,
claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on
the date of adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 13.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all
violations of the provisions of any other Ordinances of the Town affecting the provisions to
safeguard persons, protect property and prevent damage to the environment in the town by
regulating activities that may contaminate storm water runoff within the Town of Trophy Club,
which have secured 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 14.
PENALTY CLAUSE
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and
a separate offense shall be deemed committed upon each day or part of a day, during or on which
a violation occurs or continues.
SECTION 15.
PUBLICATION CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption,
Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 16.
ENGROSSMENT AND ENROLLMENT CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town
Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 17.
EFFECTIVE DATE CLAUSE
That this Ordinance shall be in full force and effect from and after its date of passage, in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the ___ day of _______________ 2005.
____________________________________
Mayor,
Town of Trophy Club
Effective Date:
ATTEST: [SEAL]
___________________________________
Town Secretary,
Town of Trophy Club
APPROVED TO AS FORM:
___________________________________
Town Attorney,
Town of Trophy Club
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.B.6
Discuss and take appropriate action regarding an Ordinance regulating the Town
Design Standards and Construction Specifications for Roadway, Drainage, Water
and Wastewater Design.
EXPLANATION:
The Design Standards have been revised to incorporate the following updates:
Drainage criteria for storm frequencies and studied information
Storm Water Management to reference the new Ordinance
Typical Roadway Section of major roadways to include brick pavers for crosswalks and
in medians
Added language that all parking facilities must be concrete paving
Minimum size of the water and sanitary sewer mains from 6" to 8" (confirmed with
Robert Scott)
kcf
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 91-02, ADOPTING DESIGN STANDARDS
FOR PAVING, DRAINAGE AND UTILITY IMPROVEMENTS, AND
ADOPTING NEW PROVISIONS FOR DESIGN STANDARDS FOR
ROADWAY, DRAINAGE, WATER & WASTEWATER AND
CONSTRUCTION SPECIFICATIONS; PROVIDING FOR INCORPORATION
OF PREMISES; PROVIDING CRITERIA FOR ROADWAY DESIGN;
PROVIDING CRITERIA FOR DRAINAGE DESIGN; PROVIDING DESIGN
CRITERIA FOR WASTEWATER PROJECTS; PRESCRIBING
CONSTRUCTION SPECIFICATIONS; PROVIDING A CONSTRUCTION
PLAN CHECKLIST; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code; and
WHEREAS, on January 15, 1991, the Town adopted Ordinance No. 91-02, an
ordinance regulating design standards for paving, drainage and utility improvements
within the Town of Trophy Club, and
WHEREAS, on June 2, 2003, the Town Council approved revisions to the Design
Standards adopted in 1991 by incorporating such approved revisions into Ordinance No.
2001-21 P&Z; and
WHEREAS, staff recommends an update to the current standards in order to
update drainage criteria for storm frequencies and studied information; storm water
management, typical roadway section of major roadways to include brick pavers for
crosswalks and in medians, and minimum size for water and sanitary sewer mains from six
inches to eight inches; and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club,
Texas, to adopt new regulations governing the subdivision of land within and without the
corporate limits of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
ADOPTION OF PROVISIONS
That Exhibit “A” entitled “Town of Trophy Club, Texas Design Standards and
Construction Specifications” is attached hereto and incorporated herein for all intents and
purposes has been established and is hereby adopted by the Town Council.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance; provided, however, that Ordinance No. 91-
02 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall
take effect and that are inconsistent with this Ordinance are hereby repealed to the extent
that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to
Ordinance No. 91-02 on the date of adoption of this Ordinance or under such portion of
any other Ordinance incorporating Design Standards for Roadway, Drainage, Water &
Wastewater and Construction Specifications shall continue to be governed by the
provisions of such Ordinances and for that purpose the Ordinances shall remain in full
force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting Design
Standards for Roadway, Drainage, Water & Wastewater and Construction Specifications
which have secured 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 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 8.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption,
Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 21st day of March, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.B.7
Discuss and take appropriate action regarding change orders to the contract for the
Indian Creek Dr.\Shields Ct. reconstruction including a median cut at Valley Wood
and the inclusion of Shields Dr. reconstruction.
EXPLANATION:
Currently there is no median cut at Valley Wood and Indian Creek. Valley Wood residents came
before council last month requesting a median cut be added to this project. As per Council’s
request, this change order is being brought forth for consideration. The attached memo from
Director Briggs outlines the safety considerations as well as the distance established for median
cuts in the Town’s design standards.
During the miscellaneous repair survey, Sledge Engineering determined that the damage on
Shields Drive was so severe that it requires the entire segment from Indian Creek Drive up to,
but not including, the cul de sac at Phoenix to be reconstructed. The cost and scope of this
project would classify this project as a long-term street repair. Therefore, staff is requesting a
change order to the McClendon contract to include the reconstruction of Shields Drive utilizing
GASB34 long-term street repair funds.
RECOMMENDATION:
ACTION BY COUNCIL:
bg
Attachments: 1. Shields Drive reconstruction Opinion of Probably Cost
2. Valley Wood median cut Opinion of Probably Cost
3. Public Safety Memo
Town on Trophy Club
Police and Fire Services
Memorandum
To: Beth Ann Gregory- Director-Community Development
CC:
From: Randall C. Briggs-Director Police and Fire Services
Date: 3/18/2005
Re: Median Crossover at Valley Wood Court
In response to your request of safety in the matter creating a crossover on Indian Creek Drive at Valley
Wood Court.
I inspected the site and made the following observations:
The median crossover west of the location, Heritage Court, is approximately 294 feet from Valley Wood
Court intersection. The west median crossover, Inverness Drive, is approximately 247 feet from Valley Wood
Court intersection. The Town design standards call for no median cuts or crossovers closer than 400 feet. If a
cut were engineered into the new median at Valley Wood Court the resulting intersection would be closer
than 400 feet to the existing crossovers.
There is no safety issue relating to the line of sight from Valley Wood Court west toward Heritage Court.
Likewise, there is no line of site issues eastbound from Valley Wood Drive toward Inverness Drive.
Essentially, in traffic design the rule of thumb is to control or limit all traffic intersections and access points
onto main arteries. Indian Creek Drive is classified as a main artery and by placing another intersection onto
the roadway could increase the possibility of a motor vehicle accident at that intersection.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.B.8
Discuss and take appropriate action on the purchase of electronic message boards
for the Town entrances and to determine the funding source.
EXPLANATION:
These electronic message boards would be placed on both sides of the existing monuments at
Trophy Club Drive, Trophy Lake Drive and Trophy Wood Drive. Their purchase and
installation would save us approximately 780 annual hours of staff time at an annual cost of
$11,529.
The Town put this project out for RFP in February 2004. We received responses ranging from
$41,970 - $91,965. We entered in negotiations with the vendor who provided the lowest
proposal and were able to reduce the price to $32,850 for three-line or $39,350 for four-line
electronic message boards. Both quotes are for text only and include the supply and installation
of six wireless controlled electronic boards mounted on both sides of our existing monuments.
We have received $10,000 in funds from Beck Properties to help pay for the purchase and
installation, bringing our cost to approximately $22-29,000 depending on the product selected.
RECOMMENDATION:
Because of the staff timesavings and the increased ability to communicate with residents, staff
recommends approval.
ACTION BY COUNCIL:
bg
Attachments: 1. Quotes
2. Image
January 14, 2004
TO: Beth Ann Gregory-Town of Trophy Club
FROM: Andy Cowen
SUBJECT: Outdoor Message Boards
Thank you for allowing us to quote your requirements for electronic LED sign displays. The
following is a quotation based on your current needs. Please call or e-mail me if you have ANY
questions or would like more information.
Qty Part Number Description Each Total
6 SDTR-4124 Outdoor Message Boards $ 6,000.00 $36,000.00
3 NMX-WC Wireless Control $ 950.00 $ 2,850.00
1 INST Installation Charges $ 500.00 $ 500.00
Total (Including Freight) $39,350.00
Message Center:
Cabinet Size: 28” (H) x 48” (W) x 8” (D) per face
4-Lines of text only
4” tall character heights
12-characters per line
Red or Amber Superbrite LED’s
Brightness: 1,500 MCD
Viewing Angle: 120 degrees, automatic brightness control
Memory: 496K
Advance Scheduling, 256 separate schedules
Real time clock and calendar
Temperature probe included
2-year warranty
Current lead time is 4 weeks from receipt of order.
Andy Cowen-President
Numeritex Displays, Inc.
800-675-0123 ext. 102
www.numeritex.com
December 10, 2004
TO: Beth Ann Gregory-Town of Trophy Club
FROM: Andy Cowen
SUBJECT: Outdoor Message Boards
Thank you for allowing us to quote your requirements for electronic LED sign displays. The
following is a quotation based on your current needs. Please call or e-mail me if you have ANY
questions or would like more information.
Qty Part Number Description Each Total
6 SDTR-3124 Outdoor Message Board $5,000.00 $30,000.00
3 NMX-WC Wireless Control $ 950.00 $ 2,850.00
1 INST Installation Charges $ N/C $ N/C
Total (Including Freight) $32,850.00
Message Center:
Cabinet Size: 22” (H) x 48” (W) x 8” (D)
3-Lines of text only
4” tall characters
12-characters per line
Red or Amber Superbrite LED’s
Brightness: 1,500 MCD per pixel
Viewing Angle: 120 degrees, automatic brightness control
Memory: 496K
Advance scheduling, 256 separate schedules
Real time clock and calendar
2-year warranty
Current lead time is 4 weeks from receipt of order.
Andy Cowen-President
Numeritex Displays, Inc.
800-675-0123 ext. 102
www.numeritex.com
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.D.1
Consent agenda: Discuss and take appropriate action to approve financials dated
February 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Financials 2005
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.D.2
Consent agenda: Discuss and take appropriate action to approve minutes date
March 7, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Minutes dated March 7, 2005.
MINUTES OF JOINT WORKSHOP
BETWEEN TOWN COUNCIL,
EDC A AND EDC B/
REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 7, 2005
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Workshop/Regular Session on Monday,
March 7, 2005. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith Mayor
Scott Spence Mayor Pro Tem (arrived at 6:14 p.m.)
Susan Edstrom Council Member
Roger Williams Council Member (arrived at 6:53 p.m.)
Beverly Foley Council Member
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager Manny Martinez Ameristar
Diane Cockrell Town Secretary Bobby Harrell Terra Land Development
Lisa Ramsey HR Manager Jimi Haire NWPWF
Roger Unger Finance Director Wendy Hill TC/Roanoke Soccer Assoc.
Adam Adams P & R Director Jimi Haire NWPWF
Beth Ann Gregory CD Director Mendy Whitehead Trophy Realators and
Metroport Chamber of
Commerce
Kerin Fleck P & Z Coordinator Richard Kuhlman Metroport Chamber of
Commerce
Patricia Adams Town Attorney Amanda Foust Resident/Developer
Neil Twomey EDC A David Cunningham Midwest Commercial Realty
Dwight Morrow EDC A Keith Sockwell Resident/NISD Superintendent
Gary Cantrell EDC A Dennis Sheridan P & Zoning Commission
Rebecca Shuman EDC B Keith Allen Starwood Homes
Bill Devlin EDC B Dennis Sheridan P & Z Commission
Jim Hicks EDC B Margi Cantrell Resident
Andrew Hayes EDC B Pearl Ford Resident
Pete Reinke Resident Pauline Twomey Resident
Les Carter Resident
A.1 Joint Workshop: Economic Development Corporation A and Economic Development
Corporation B.
A.2 Town Council, EDC A and EDC B to call to order and announce a quorum.
Mayor Smith called the Workshop/Regular Session to order at 6:08 p.m. noting a quorum was present.
A.3 Town Council, EDC A and EDC B to meet with Chamber representatives and local
developers and to discuss future development and development issues.
Mayor Smith had each attendee introduce themselves and share their interest and future plans. The
Council was addressed by: Keith Allen of Starwood Homes regarding future plans for development to the
north of the Eagles Ridge development. Bobby Harrell of Terra Companies, discussed the Knoll,
currently being developed by Terra. Richard Kuhlman, Chair of NW Metroport Chamber, briefed the
Council on trends in the real estate market. David Cunningham of Midwest Commercial Realty shared
tentative interests for development including chain restaurants and hotels. Kerin Fleck briefed the
Council on the Village Shops @ Trophy Club development. Ms. Fleck stated that there are two leasing
space vacancies in the retail shops fronting State Highway 114. The dance studio, Me and My Shadow
and Wizeguys have gone out of business. Ms. Fleck has met with a prospective restaurant tenant to
occupy the Wizeguys space. The Plaza shopping center has a few vacancies as well. A representative
from Regency Centers could not be present at the workshop session.
The Mayor asked if there is an interest in developing a Task Force of members from Chamber, EDC A &
B, Developers and Council to analyze the demographics and start looking for developers.
A.4 EDC A and EDC B to adjourn.
EDC A and EDC B were called to order at 6:32 p.m.
EDC A and EDC B adjourned at 7:05 p.m.
The council took a short break and started the regular session at 7:18 p.m.
A.5 Invocation.
Director Briggs gave the invocation.
A.6 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Council Member Williams led the pledges.
Mayor Smith took time to recognize the 16 years of service and departure of Diane Cockrell, Town
Secretary to become City Secretary for the City of Decatur.
B.7 Discuss and take appropriate action regarding a request for a Temporary Use Community
Garage Sale granted by Special Privilege. (Applicant: Anna Langley, Trophy Club
Women's Club)
Sharon Harris represented the Trophy Club Women’s Club regarding the request for approval of the April
30th and October 1st garage sale dates.
Mayor Pro Tem Spence moved to approve. Council Member Edstrom seconded; motion carried
unanimously.
A.7 Discuss and take appropriate action regarding the approval of fiscal year end September
2004 Audit.
Council Member Cates moved to table the Audit until the March 21, 2005 meeting and asked to include
her questions to the Auditor in the minutes. Mayor Pro Tem Spence seconded; motion carried
unanimously.
Statement for Audit and Financial Statements
From: Pam Cates, Council Member
March 7, 2005
I set up an appointment to discuss my audit questions with the auditor before the last meeting that was
held on February 7, 2004 at 5:00 pm. He called at 4:00 pm to tell me he would not make it at 5:00 pm
and would meet me at 6:30. Unfortunately my questions would have taken longer than 15 minutes,
allowing 15 minutes before the council meeting to set up the computer, etc. Now, he is telling the council
that I refused to meet with him so he will not answer my questions.
He said he would respond to my questions in writing. I sent him my questions directly to which he
replied to Donna Welsh and Roger Unger. He did not address my questions in his response. I do not
understand why he would not respond directly to me or address my questions.
My prior experience with auditing is from Ernst & Young, KPMG Peat Marwick, and a local CPA firm. I
needed to get answers to my reservations to approve the audit and the financial statements.
In his response in the email forwarded to me from Donna Welsh, he said that the Town of Trophy Club is
not subject to the Single Audit Act of 1984. I do not understand this as the Town of Trophy Club
received $475,000 in park grants and $130,000 in police grants during 2003-2004. The Single Audit Act
of 1984 requires that these A133 or “Yellow Book” standards be followed in audits of state and local
governments which receive Federal Financial Assistance. There is no mention of grant amount
exceptions. When a local government receives Federal Financial Assistance, the audit concept of
materiality is lower than other corporate audits.
The Single Audit Act was primarily created to give guidelines to getting a quality audit. The guidelines
include principles from A-133 “Audits of States, Local Governments, and Non-profit Organizations,
Codification of Statements on Auditing Standards, promulgated by the American Institute of Certified
Public Accountants, The financial audit standards contained in the Governmental Auditing Standards by
the General Accounting Office, SOP 98-3 American Institute of Certified Public Accountants Statement
of Position 98-3, Audits of States, Local Government, and Not-for-Profit Organizations Receiving
Federal Awards.
I want to point out to you that he has a disclaimer in the financial statements that says:
The Town has received Federal and State Grant funds which are governed by various rules and
regulations of the grantor agency. Costs charged to these programs are subject to audit and adjustment by
the grantor agency. Therefore to the extent the Town has not complied with the rules and regulations
governing the grants, refunds of any money received may be required.
Does this mean that due to the fact that we do not have an audit under the requirements of the Single
Audit Act of 1984, we are subject to refunding these federal and state financial assistance?
The other comment made in his email stipulated that his internal control questionnaires were used to
determine his audit procedures. His financial statement footnotes refer to the fact that the audit was
performed in accordance to governmental auditing standards.
The second reporting standard for financial statement audits under governmental auditing standards is:
The report on the financial statements should either (1) describe the scope of the auditors’ testing of
compliance with laws and regulations and internal control over financial reporting and present the results
of those tests or (2) refer to the separate report(s) containing that information. In presenting results of
those tests, auditors should report fraud, illegal acts, other material noncompliance, and reportable
conditions containing that information.
Internal Control objectives adequately met provide some assurance of the following:
Validity and Reliability of data
Compliance with Laws and regulations
Safeguarding the resources against waste, loss, and misuse.
I want to speak about reportable conditions under AICPA standards. Reportable conditions are major
deficiencies in internal control. In the event that an auditor finds reportable conditions in internal control
during the audit, he must respond (after the audit) with the identification of these reportable conditions.
The evidence of reportable conditions allows higher risk of misstatement of financial statements or
misappropriation of assets. Under AICPA standards there are 10 reportable conditions. In my opinion,
the reportable conditions that concern the Town of Trophy Club are (1) absence of appropriate
segregation of duties consistent with control objectives, (2) absence of appropriate reviews and approvals
of transactions, accounting entities, or systems output. In my opinion, these two reportable conditions
have existed in this town for many years. The Town finance staff is too small to have appropriate
segregation of duties and would have had to change processes to compensate for the size of the staff.
Evidence of the appropriate reviews were not understood by the staff to be needed according to my
conversations with the Finance Director. The auditor has never mentioned these two conditions in the
five years that he has audited the financial statements. The opinions over the last 5 years have been
“clean”, giving the Town staff and the Town Council the some assurance that there were no issues within
the town accounting. The management letter at the end of the audit has never been created. In my
opinion, The Town Council did not get the option to accept the risk of reportable conditions which
include possible misappropriation of assets or misstatement of financial statements. In my opinion, The
Town Staff did not get the choice to implement procedures to prevent any possible misappropriations of
assets or misstatements of financial statements.
In accordance with Codification of Statements on Auditing Standards, promulgated by the American
Institute of Certified Public Accountants or AU 316.35, 317.10-.16), if evidence of possible fraud or
illegal acts was found, the auditor must obtain sufficient, competent evidence to determine whether, in
fact, material fraud or illegal acts occurred and if so determine the effect on the financial statements.
The criminal investigation is still in process so determination of materiality to the financial statements is
not known. In my opinion, due to the pending criminal investigation, there should have been some kind
of footnote disclosure regarding this investigation and that materiality to financial statement has not been
determined at this time. Furthermore, it should be mentioned that the Town Staff reported the incident to
the appropriate federal party.
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an item
not listed on the agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items.
Pearl Ford of 2 Spring Creek Court and Neil Twomey of 204 Oakmont addressed the Council.
B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the expression
of opinions, questions and answers, or discussion among staff and Council. Discussion is
limited to whether Council desires to have a topic placed on a future agenda for future
consideration.
Council and Staff reports were given.
B.3 Discuss and direct staff regarding dual roles of EDC A Corporation/Ways and Means
Advisory Group with respect to establishing a separate corporation and advisory group.
Council Member Williams moved to direct staff to investigate with EDC A and Ways and Means to see
what their continued future interest is. Council Member Foley seconded; motion passed unanimously.
B.4 Town Council to interview and take appropriate action by Resolution to appoint two
candidates to EDC B.
A. Tillman C. Burks, III
B. Michael E. Claussen
C. John W. Cochran
D. Amanda Foust
E. Vivek Ratna
F. Ralph Wm. Scoggins
Jim Hicks, Chair of EDC B requested that the applicants attend the next EDC B for discussion. Council
Member Williams moved to request the candidates meet with EDC B to be interviewed. Council Member
Edstrom seconded. Motion passed unanimously.
B.5 Discuss and take appropriate action regarding approval of EDC B funding of booth for
Northwest Communities Partnership Realtor Conference in April in the amount of
$1,350.00.
Mayor Pro Tem Spence moved to approve. Council Member Williams seconded; motion carried
unanimously.
B.6 Discuss and take appropriate action regarding approval of EDC B funding of 20th Year
Anniversary and Arbor Day Celebration in amount of $3,850.00.
Council Member Edstrom moved to take funds from contingency in the amount of $3,850. to support this
event. Council Member Cates seconded; motion carried unanimously.
D.1 Consent agenda: Discuss and take appropriate action to approve financials dated January
2005.
D.2 Consent agenda: Discuss and take appropriate action to approve minutes dated February 7,
2005.
D.3 Consent Agenda: Discuss and Take appropriate action regarding Racial Profiling Report
for 2004.
D.4 Consent Agenda: Discuss and take appropriate action regarding a Resolution supporting
House Bill 1227 regarding Utility Relocation.
D.5 Consent Agenda: Discuss and take appropriate action to appoint Lisa Ramsey as Interim
Town Secretary.
Council Member Edstrom moved to approve. Council Member Williams seconded; motion carried
unanimously.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
F.1 Adjourn.
Mayor Pro Tem Spence moved to adjourn at 9:01 p.m. Council Member Williams seconded; motion
carried unanimously.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas
Open Meeting Act, LGC.551.071
_______________________________________
Mayor, Town of Trophy Club
_______________________________________
Town Secretary, Town of Trophy Club
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.D.3
Additional Information for Council
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
2. Fire Services Monthly Report
3. Police Services Monthly Report
4. DPS Annual Report 2004
TROPHY CLUB DEPARTMENT OF PUBLIC SAFETY
MONTHLY REPORT
FEBRUARY 2005
FOR
INFORMATION ONLY
TROPHY CLUB DEPARTMENT OF
PUBLIC SAFETY
MONTHLY REPORT
FEBRUARY 2005
FOR
INFORMATION ONLY
Traffic StopsPolice Patrol Activity Feb 2005
Traffic Stops
30.84%
Traffic Citations
(Moving)
Traffic Citations
(Non-moving)
Dis
Number
O
ny Arrest
0.00%
Accident
0.93
nvestiga
0.00%
eanor Arr
47%patched
35.51%
of W eports
6.
ut of Ci ance Calls
Felo s
s
%
DWI I tions
earches
00%Parking Citations
0.00%
Misdem est
0.
Traffic Citations
(Non-moving)
6.07%
Traffic Citations
(Moving)
16.82%
Calls
ritten R
54%
ty Assist
2.80%
Vehicle S
0.
Parking Citations
Vehicle Searches
DWI Investigations
Accidents
Felony Arrests
Misdemeanor Arrest
Dispatched Calls
Number of Written Reports
Out of City Assistance Calls
M thl rime/Patrol Statistics - February 2005 on
Tr
a
f
f
i
c
C
i
t
a
t
i
o
n
s
(M
o
v
i
n
g
)
y C
Tr
a
f
f
i
c
C
i
t
a
t
i
o
n
s
(N
o
n
-
m
o
v
i
n
g
)
Tr
a
f
f
i
c
S
t
o
p
s
Pa
r
k
i
n
g
C
i
t
a
t
i
o
n
s
Ve
h
i
c
l
e
S
e
a
r
c
h
e
s
DW
I
I
n
v
e
s
t
i
g
a
t
i
o
n
s
Ac
c
i
d
e
n
t
s
Fe
l
o
n
y
A
r
r
e
s
t
s
Mi
s
d
e
m
e
a
n
o
r
A
r
r
e
s
t
Di
s
p
a
t
c
h
e
d
C
a
l
l
s
Nu
m
b
e
r
o
f
W
r
i
t
t
e
n
Re
p
o
r
t
s
Re
s
p
o
n
s
e
T
i
m
e
Ou
t
o
f
C
i
t
y
A
s
s
i
s
t
a
n
c
e
Ca
l
l
s
Mi
l
e
s
D
r
i
v
e
n
Da
y
s
W
o
r
k
e
d
TOTAL 66 36 13 00020 176 14289 6 055
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
(a) & (b) "Consultation with Attorney", the Town Council will enter into executive
session to discuss the following:
Consultation with Attorney on pending or contemplated litigation or on a matter in
which the duty of the Attorney to the Governmental Body under the Texas Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Open
Meetings Act (§551.071 (a) & (b)):
Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-40094-
362
(PAA)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.F.1
Discuss and take appropriate action regarding Executive Session Item. (AGENDA
ITEM NO. E1).
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-21-2005
Subject: Agenda Item No.F.2
Adjourn.
(dc)