Agenda Packet TC 05/01/2006 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, May 1, 2006
7:00 P.M.
A.1 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."
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.
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on
a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
B.3 Discuss and take appropriate action regarding a Proclamation declaring and supporting
the Click it or Ticket campaign, May 22 through June 4, 2006.
D.1 Discuss and take appropriate action regarding the amendments to Traffic and Street
Control Regulations, Ordinance 2005-26, Section VI.
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D.2 Discuss and take appropriate action regarding the adoption of an ordinance regulating
outside storage and display.
D.3 Discuss and take appropriate action regarding an interlocal agreement between the Town
and the Master District for payment of the costs of construction of the maintenance
building shared by the Water Department and the Parks and Recreation Department.
D.4 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on
potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall
Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for
Eagles Ridge Phase II.
Discuss and take appropriate action regarding joint participation with area cities in an
engineering study to evaluate the feasibility of contracting with an additional wholesale
water supplier. (May 15, 2006)
Payment Agreements with Master District for municipal annex and maintenance
building.
Discuss and take appropriate action regarding revisions to the Purchasing Polices. (May
15, 2006)
Amendment to the Traffic Ordinance to include a new U-turn. (May 15, 2006)
Codification of ordinances. (May 15, 2006)
Canvass of May 13, 2006 Elections and Oaths of Office. (May 22, 2006)
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
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."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.B.2
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may
be placed on a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.B.3
Discuss and take appropriate action regarding a Proclamation declaring and
supporting the Click it or Ticket campaign, May 22 through June 4, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(rld)
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2006-
Click It or Ticket
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 22
THROUGH JUNE 4, 2006, SUPPORTING THE “CLICK IT OR TICKET
TEXAS” CAMPAIGN AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CAMPAIGN BY BUCKLING UP THEMSELVES AND
THEIR CHILDREN TO PROTECT LIFE AND THE QUALITY OF LIFE IN
TROPHY CLUB AND IN SURROUNDING COMMUNITIES.
WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this
community; and
WHEREAS, the cost of such injuries brings economic hardship to families; and
WHEREAS, the community’s health care system and emergency response resources are significantly
impacted by injuries of traffic crashes; and
WHEREAS, research shows that using safety belts and child safety seats is still the single-most effective
way to reduce injuries and save lives in traffic crashes; and
WHEREAS, one-in-five drivers and passengers in Texas still do not buckle up; and
WHEREAS, research shows that when a driver is unbuckled, 70 percent of the time the children in that
vehicle are also unbuckled; and
WHEREAS, the National Highway Traffic Safety Administration estimates that when safety belt use in
Texas reaches 81 percent, each year 100 lives will be saved, 2,344 nonfatal injuries will be prevented, and $280
million in economic savings to society will result; and
WHEREAS, the “Click It or Ticket Texas” campaign includes intensified law enforcement and public
education to get everyone in the community into the safety belt habit:
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club will join Public and Private Sector Leaders across Texas in
supporting the “CLICK IT OR TICKET TEXAS” Campaign.
Section 2. That this Proclamation shall become effective from and after its date of passage in accordance
with law.
__________________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
__________________________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding the amendments to Traffic and
Street Control Regulations, Ordinance 2005-26, Section VI.
EXPLANATION:
Redlined Ordinance reflects the changes approved by Council at their April 17th meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Redlined Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-266
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING AMENDING ORDINANCE NOS. 2004-015-26, THE SAME
BEING THE AND 2004-09 RELATING TO TRAFFIC AND STREET
CONTROL REGULATIONS ORDINANCE AND BY AMENDING
SECTION VI, (E)(2) GOVERNING OVERNIGHT PARKING; ADOPTING
NEW PROVISIONS RELATING TO TRAFFIC AND STREET CONTROL
REGULATIONS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING DEFINITIONS; PROVIDING FOR A
MAXIMUM RATE OF SPEED FOR VEHICLES OF THIRTY (30) MILES
PER HOUR WITHIN THE TOWN AND TWENTY (20) MILES PER
HOUR WITHIN A CERTAIN DISTANCE OF SCHOOLS AND DURING
SPECIFIC HOURS; PROVIDING FOR THE DESIGNATION OF
SCHOOL ZONES; PROVIDING FOR THE POSTING OF SPEED LIMIT
AND SCHOOL ZONE SIGNS; PROVIDING FOR THE POSTING OF
STOP SIGNS; PROVIDING FOR THE POSTING OF STOP LIGHTS;
REGULATING THE CONSTRUCTION OF STRUCTURES WHICH
MIGHT IMPACT VISIBILITY ON THE ROADWAY; PROVIDING
PARKING REGULATIONS; PROHIBITING THE PARKING OF MOTOR
VEHICLES ON PUBLIC HIGHWAYS, STREETS AND OTHER RIGHTS-
OF-WAY BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH
DAY; PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES;
PROVIDING FOR PERMITS; PROVIDING FOR WEIGHTS OF LOADS;
PROVIDING FOR THE WEIGHING OF LOADED VEHICLES BY
POLICE OFFICERS; PROVIDING PROCEDURES FOR THE
TRANSPORTATION OF SOLID WASTE; PROVIDING PROCEDURES
FOR THE TRANSPORTATION OF READY MIXED CONCRETE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL OTHER ORDINANCES AFFECTING SPEED OF MOTOR
VEHICLES, TRAFFIC CONTROL DEVICES, OBSTRUCTION OF VIEW,
PARKING, AND OVERWEIGHT VEHICLES EXCEPT TO THE EXTENT
OF CONFLICT HEREWITH; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PUBLICATION 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 AN
ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on October 3, 2005 the Town Council of the Town of Trophy, Club Texas
adopted Ordinance No. 2005-26 which repealed Ordinance 2004-09 regulating traffic and street
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control regulations, and through the passage of Ordinance No. 2005-26, adopted new provisions
relating to traffic and street control regulations, and
WHEREAS, since the passage of Ordinance Nos. 2004-01 and 2004-092005-26, the
Town has evaluated the movement of traffic on Trophy Lake Drivesection of that ordinance
regulating overnight parking; and
WHEREAS, the Town Council has determined it to be in the best interest of the Town
and its residents to add to Section IV, “Traffic Control Devices” provisions regulating U-
Turnsrevise the regulations governing 3:00 to 5:00 a.m. parking, and
WHEREAS, the Town Council hereby finds that the repeal amendment of Ordinance
Nos. 2004-01 and 2004-092005-26 through the adoption of this Ordinance is in the best interests
of the health, safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
I.
INCORPORATION OF PREAMBLE
That the above and foregoing preamble is true and correct and is incorporated herein as if copied
herein in its entirety.
II.
DEFINITIONS
When used in this Ordinance, the following words and phrases shall have the respective
meanings ascribed to them:
“Alley” means a street that is not used primarily for through traffic and provides access to
rear entrances of buildings or lots along a street.
“Chief” or “Chief of Police” means the Chief of Police of the Town of Trophy Club,
Texas. or his or her designee.
“Commercial motor vehicle” means any motor vehicle other than a motorcycle, designed
or used for the transportation of property, including every vehicle used for delivery
purposes.
“Motor Vehicle” means every vehicle, as herein defined, which is self-propelled.
“Semi-trailer” means every vehicle of the trailer type so designed or used in conjunction
with a motor vehicle that some part of its own weight and that of its own load rests upon
or is carried by another motor vehicle.
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“Stoplight” means a traffic control signal displaying different colored lights or colored
lighted arrows successively or in a combination, and may display only green, yellow, or
red and applies to operators of vehicles as provided by the Texas Transportation Code.
“Street” means every street, road and alley within the Town of Trophy Club, Texas,
exclusive of state highways within the Town.
“Trailer” means every vehicle without motor power designed or used for carrying
property or passengers wholly on its own structure and to be drawn by a motor vehicle.
“Truck-tractors” means every motor vehicle designed or used primarily for drawing other
vehicles, and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn, except that is engaged with a semi-trailer in the transportation
of automobiles, and that transports motor vehicles on part of the truck-tractor.
“Vehicle” means every mechanical device in, upon or by which any person or property is
or may be transported or drawn upon a public highway, including motor vehicles,
commercial motor vehicles, truck-tractors, trailers, and semi-trailers, severally, as
hereinafter defined, but excepting devices moved by human power or used exclusively
upon stationary rails or tracks.
III.
SPEED OF VEHICLES
A. Maximum speed.
1. Except as provided by Section IV.(E) of this Ordinance, no person shall drive a
vehicle on a street or highway within the Town at a speed greater than is
reasonable and prudent under the circumstances then existing.
2. The maximum rate of speed on all of the streets, roads and highways within the
corporate limits of the Town shall be thirty (30) miles per hour, except in
designated school zones as provided herein.
3. The maximum rate of speed on all of the alleys within the corporate limits of the
Town shall be (15) fifteen miles per hour.
B. School Zones.
The following areas, streets or portions thereof shall be designated special speed zones
and it shall be unlawful for any person to drive any vehicle thereon at a speed greater
than twenty (20) miles per hour during the designated times:
1. On Village Trail Road from the 0 block to the 300 block, between the hours of
7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on
school days.
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2. On Trophy Lake Drive at the corner of Trophy Club Drive to 300 feet south of
Village Trail Road, between the hours of 7:00 a.m. and 9:00 a.m. and between the
hours of 2:00 p.m. and 3:30 p.m. on school days.
3. On Marshall Creek Road from the most western Town limits sign to 300 feet east
of Parkview Drive, between the hours of 7:00 a.m. and 9:30 a.m. and between the
hours of 2:30 p.m. and 4:30 p.m. on school days.
4. On Parkview Drive from the intersection of Marshall Creek Road, south to
Durango Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the
hours of 2:30 p.m. and 4:30 p.m. on school days.
C. Signs.
Speed limit and school zone signs in conformity with the manual and specifications for
uniform traffic control devices as adopted by the State Highway Commission shall be and
hereby are directed to be erected at the appropriate locations as determined by the Chief
of Police.
IV.
TRAFFIC CONTROL DEVICES
A. Uniformity of traffic control devices; conformance to manual. All traffic
control devices including signs, signals and markings (pavement and/or curb) installed or
used for the purpose of directing and controlling traffic within the Town shall conform
with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways
adopted by the State Highway Commission (the “Manual”). As required by §544.002,
TEX. TRANSP. CODE ANN. (Vernon 1998), all signs, signals and markings erected or
used by the Town shall be uniform, and shall be located throughout the Town in
conformity with the directions shown in the Manual as far as practicable.
B. Stop signs. Stop signs shall be erected at the following intersections and such
intersections are hereby designated as stop intersections. Every driver of a vehicle
approaching a stop intersection shall stop before entering the crosswalk on the near side
of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked
stop line, but if none, then at the point nearest the intersecting roadway where the driver
has a view of the approaching traffic on the intersecting roadway before entering the
intersection, except when directed to proceed by a police officer or traffic control signal.
The stop intersections and locations of stop signs shall be as follows:
1. At the corner of every street or court intersecting with and entering onto Trophy
Club Drive.
2. At the corner of every street or court intersecting with and entering onto Indian
Creek Drive.
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3. At the corner of every street or court intersecting with and entering onto Village
Trail Drive.
4. At the northeast corner of the intersection of Indian Creek Drive and Trophy
Wood Drive facing east on Indian Creek Drive.
5. At the southwest corner of the intersection of Indian Creek Drive and Trophy
Wood Drive facing west on Indian Creek Drive.
6. At the southeast corner of the intersection of Indian Creek Drive and Trophy
Wood Drive facing south on Trophy Wood Drive.
7. At the northeast corner of the intersection of Inverness Drive and Forest Hill
Drive facing east on Inverness Drive.
8. At the northeast corner of the intersection of Phoenix Drive and Pebble Beach
Drive facing east on Phoenix Drive.
9. At the northeast corner of the intersection of Carnoustie Drive and Oakmont
Drive facing east on Carnoustie Drive.
10. At the northwest corner of the eastern most section of the intersection of Seminole
Drive and Fresh Meadow Drive facing north on Seminole Drive.
11. At the northeast corner of the intersection of Pin Oak Drive and Trophy Wood
Drive facing east on Pin Oak Drive.
12. At the northeast corner of the intersection of Pebble Beach Drive and Trophy
Wood Drive facing east on Pebble Beach Drive.
13. At the southwest corner of the intersection of Pebble Beach Drive and Trophy
Wood Drive facing west on Pebble Beach Drive.
14. At the northeast corner of the intersection of Inverness Drive and Trophy Wood
Drive facing east on Inverness Drive.
15. At the southwest corner of the intersection of Inverness Drive and Trophy Wood
Drive facing west on Inverness Drive.
16. At the northwest corner of the intersection of Michelle Court and Indian Creek
Drive facing north on Michelle Court.
17. At the southeast corner of the intersection of Brook Hollow Lane and Indian
Creek Drive facing northeast on Indian Creek Drive.
18. At the southeast corner of the intersection of St. Andrews Court and Indian Creek
Drive facing southwest on St. Andrews Court.
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19. At the southeast corner of the intersection of Lake Forest Court and Indian Creek
Drive facing southwest on Lake Forest Court.
20. At the southeast corner of the intersection of Turnbury Court and Indian Creek
Drive facing southwest on Turnbury Court.
21. At the southeast corner of the intersection of Glen Eagles Court and Indian Creek
Drive facing southwest on Glen Eagles Court.
22. At the northeast corner of the intersection of Woodlands Court and Indian Creek
Drive facing east on Woodlands Court.
23. At the northeast corner of the intersection of Shady Oaks Court and Indian Creek
Drive facing east on Shady Oaks Court.
24. At the northeast corner of the intersection of Ross Court and Indian Creek Drive
facing east on Ross Court.
25. At the northwest corner of the most easterly intersection of Fair Green Drive and
Indian Creek Drive facing north on Fair Green Drive.
26. At the northwest corner of the most westerly intersection of Fair Green Drive and
Indian Creek Drive facing north on Fair Green Drive.
27. At the northeast corner of the intersection of Sunrise Court and East Hillside
Place facing east on Sunrise Court.
28. At the northeast corner of the intersection of Greenhill Trail South and East
Hillside Place facing east on Greenhill Trail South.
29. At the northeast corner of the intersection of Crestwood Drive and East Hillside
Place facing east on Crestwood Drive.
30. At the southeast corner of the intersection of Rockwood Drive and Crestwood
Drive facing south on Rockwood Drive.
31. At the southwest corner of the intersection of Overhill Drive and Skyline Drive
facing west on Overhill Drive.
32. At the southwest corner of the most southerly intersection of Panorama Trail and
Skyline Drive facing west on Panorama Trail.
33. At the northeast corner of the intersection of Panorama Court and Skyline Drive
facing east on Panorama Court.
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34. At the southwest corner of the most northerly intersection of Panorama Trail and
Skyline Drive facing west on Panorama Trail.
35. At the northwest corner of the intersection of Brookfield Drive and Creek Courts
Drive facing north on Brookfield Drive.
36. At the northwest corner of the intersection of Oakmont Drive and Creek Courts
Drive facing north on Oakmont Drive.
37. At the southeast corner of the intersection of Cimarron Drive and Sonora Drive
facing south on Cimarron Drive.
38. At the southwest corner of the intersection of Trophy Club Drive and Indian
Creek Drive facing west and controlling traffic on Trophy Club Drive.
39. At the northeast corner of the intersection of Trophy Club Drive and Michelle
Court facing east and controlling traffic on Trophy Club Drive.
40. At the northwest corner of Overhill Drive and Timber Ridge Drive facing north
on Overhill Drive.
41. At the southwest corner of Timber Ridge Drive and Skyline Drive facing west on
Timber Ridge Drive.
42. At the northwest corner of Rockwood Drive and Meadowbrook Lane facing north
on Rockwood Drive.
43. At the northeast corner of Greenleaf Drive and Meadowbrook Lane facing
southeast on Greenleaf Drive.
44. At the southeast corner of Timberline Drive and Greenleaf Drive facing east on
Timberline Drive.
45. At the northeast corner of Timber Ridge Drive and Greenhill Drive facing east on
Timber Ridge Drive.
46. At the northwest corner of Greenleaf Drive and Timberline Drive facing north on
Greenleaf Drive.
47. At the southwest corner of Trophy Wood extension at T. W. King Road facing
west on Trophy Wood Drive.
48. At the southeast corner of Lake Forest Drive and Cypress Court facing south on
Lake Forest Drive.
49. At the northwest corner of Summit Cove and Municipal Drive facing north on
Summit Cove.
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50. At the northwest corner of Hill Top Lane and Oak Hill Drive facing north on Oak
Hill Drive.
51. At the southwest corner of Oak Hill Drive and Oak Hill Drive facing west; this
street circles around into itself.
52. At the northeast corner of Oak Village Court and Oak Hill Drive facing east on
Oak Village Court.
53. At the northwest corner of Carnoustie Drive and Wilshire Drive facing north on
Carnoustie Drive.
54. At the southeast corner of Portland Drive and Wilshire Drive facing south on
Portland Drive.
55. At the southeast corner of Berkshire Drive and Portland Drive facing southwest
on Berkshire Drive.
56. At the southeast corner of Winding Creek Court and Creek Courts Drive facing
south on Winding Creek Court.
57. At the northeast corner of Palmetto Court and Oakmont Drive facing east on
Palmetto Court.
58. At the southwest corner of Oakmont Drive and Oakmont Drive facing west; this
street circles around into itself.
59. At the southwest corner of Shasta Drive and Trophy Lake Drive facing west on
Shasta Drive.
60. At the northwest corner of Llano Drive and Shasta Drive facing north on Llano
Drive.
61. All four corners where Cimarron Drive and Shasta Drive intersect.
62. At the southeast corner of Shasta Drive and Alamosa Drive facing south on
Shasta Drive.
63. At the southeast corner of Pagosa Court and Sonora Drive facing south on Pagosa
Court.
64. At the southeast corner of Palo Duro Court and Sonora Drive facing south on Palo
Duro Court.
65. At the southeast corner of Mesa Verde Court and Sonora Drive facing south on
Mesa Verde Court.
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66. At the southeast corner of Salida Drive and Chimney Rock Drive facing south on
Salida Drive.
67. At the southeast corner of Sonora Drive and Monterey Drive facing south on
Sonora Drive.
68. At the northwest corner of Silver Rock Drive and Chimney Rock Drive facing
north on Silver Rock Drive.
69. At the southwest corner of Monterey Drive and Silver Rock Drive facing west on
Monterey Drive.
70. At the southeast corner of Silver Rock Drive and Durango Drive facing south on
Silver Rock Drive.
71. At the northeast corner of Chimney Rock Drive and Sonora Drive facing east on
Chimney Rock Drive.
72. At the corner of every court intersection with and entering onto Creek Courts
Drive.
73. At the southeast corner of the intersection of Sunset Drive and Portland Drive
facing south on Sunset Drive.
74. At the northeast corner of the intersection of Oak Village Lane and Oak Hill
Drive facing east on Oak Village Lane.
75. At the southwest corner of the intersection of Jaime Court and Trophy Wood
Drive facing west on Jaime Court.
76. At the southwest corner of the intersection of Fairway Village and Fresh Meadow
Court facing west on Fairway Village.
77. At the southeast corner of the intersection of Village Way and Fairway Village
facing south on Village Way.
78. At the northeast corner of the intersection of Jennifer Court and Michelle Court
facing east on Jennifer Court.
79. At the northwest corner of the intersection of Hill Lane and Oak Hill Drive facing
west on Hill Lane.
80. At the southeast corner of the intersection of Glenwick Court and Meadow Ridge
Drive facing south on Glenwick Court.
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81. At the southeast corner of the intersection of Glen Hurst Court and Meadow
Ridge Drive facing south on Glen Hurst Court.
82. At the northwest corner of the intersection of Ridgewood Drive and Meadow
Ridge Drive facing north on Ridgewood Drive.
83. At the southeast corner of the intersection of Briarwood Court and Meadow Ridge
Drive facing south on Briarwood Court.
84. At the southeast corner of the intersection of Meadow Lake Drive and Avalon
Drive facing west on Meadow Lake Drive.
85. At the northwest corner of the intersection of Lakewood Drive and Avalon Drive
facing north on Avalon Drive.
86. At the northeast corner of the intersection of Silver Rock Drive and McKenzie
Drive facing east on Silver Rock Drive.
87. At the southwest corner of the northern most intersection of Lakeview Drive and
Lake Shore Drive facing west on Lakeview Drive.
88. At the southwest corner of the southern most intersection of Lakeview Drive and
Lakeshore Drive facing west on Lakeview Drive.
89. At the southeast corner of the intersection of Parkway Court and Park Lane facing
south on Parkway Court.
90. At the southwest corner of the intersection of Park Lane and Parkview Drive
facing west on Park Lane.
91. At the southeast corner of the intersection of Cimarron Court and Cimarron Drive
facing west on Cimarron Court.
92. At the northeast corner of the intersection of Round Rock Court and Llano Drive
facing east on Round Rock Court.
93. At the northeast corner of the intersection of Paint Rock Court and Llano Drive
facing east on Paint Rock Court.
94. At the southwest corner of the intersection of Village Trail and Trophy Lake
Drive facing west on Village Trail.
95. At the southeast corner of the intersection of Colonial Court and Cypress Court
facing south on Colonial Court.
96. At the northwest corner of the intersection of Gentry Court and Fresh Meadow
Drive facing north on Gentry Court.
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97. At the northeast corner of the intersection of Hanna Court and Trophy Wood
Drive facing east on Hanna Court.
98. At the corner of every street or court intersection with and entering onto Durango
Drive.
99. At the corner of every street or court intersection with and entering onto Skyline
Drive.
100. At the northeast corner of the intersection of Panorama Circle going west and
Panorama Circle going north.
101. At the northwest corner of the intersection of Spyglass Court and Hogan’sDrive
facing north on Spyglass Court.
102. At the northwest corner of the intersection of Hayes Court and Hogan’s Drive
facing north on Hayes Court.
103. At the northwest corner of the intersection of Hamper Court and Hogan’s Drive
facing north on Hamper Court.
104. At the northwest corner of the intersection of Spyglass Court and Cypress Court
facing north on Spyglass Court.
105. At the southeast corner of the intersection of Spyglass Court and Hogan’s Drive
facing south on Spyglass Court.
106. At the northeast corner of the intersection of Stephen’s Court and Hogan’s Drive
facing east on Stephen Court.
107. At the northwest corner of the intersection of Edgemere Court and Drive facing
northeast on Edgemere Court.
108. At the northwest corner of the intersection of Clear Vista Drive and Court facing
north on Clear Vista Drive.
109. At the northwest corner of the intersection of Lakeview Drive and Lakeshore
Drive facing north on Lakeshore Drive.
110. At the southwest corner of the intersection of Lakeview Drive and Lakeshore
Drive facing west on Lakeview Drive.
111. At the southeast corner of the intersection of Lakeview Drive and Lakeshore
Drive facing south on Lakeshore Drive.
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112. At the southwest corner of the intersection of Parkview Drive and Durango Drive
facing west on Durango Drive.
113. At the northeast corner of the intersection of Parkview Drive and Durango Drive
facing east on Durango Drive.
114. At the northeast corner of the intersection of Durango Drive and Village Trail
facing east on Durango Drive.
115. At the southwest corner of the intersection of Durango Drive and Village Trail
facing west on Durango Drive.
116. At the northeast corner of the intersection of Trophy Club Drive and Trophy Lake
Drive facing east on Trophy Club Drive.
117. At the southwest corner of the intersection of Trophy Club Drive and Trophy
Lake Drive facing west on Trophy Club Drive.
118. At the northwest corner of the intersection of Trophy Wood Drive and Inverness
Drive facing north on Trophy Wood Drive.
119. At the southeast corner of the intersection of Trophy Wood Drive and Inverness
Drive facing south on Trophy Wood Drive.
120. Southwest corner of the intersection of southbound Greenhill Trail and eastbound
Hunters Ridge Lane, facing west for traffic turning north or south onto Greenhill
Trail or continuing east on Hunters Ridge Lane.
121. Northeast corner of the intersection of westbound Hunters Ridge Lane and
northbound Greenhill Trail, facing east for traffic turning north or south onto
Greenhill Trail or continuing west on Hunters Ridge Lane.
122. Southeast corner of the intersection of northbound Greenhill Trail and eastbound
Heather Glen Circle, facing south for traffic turning east or west onto Heather
Glen Circle or continuing north on Greenhill Trail.
123. Northwest corner of the intersection of southbound Greenhill Trail and westbound
Heather Glen Circle, facing north for traffic turning east or west onto Heather
Glen Circle or continuing south on Greenhill Trail.
124. Southeast corner of the intersection of northbound Greenhill Trail and
Heatherstone Court, facing south for traffic turning east or west onto Heatherstone
Court.
125. Northwest corner of the intersection of southbound Heather Glen Circle and
westbound Hunters Ridge Lane, facing north for traffic turning east or west onto
Hunters Ridge Lane
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126.Northeast corner of the intersection of westbound Plaza Drive and northbound
Trophy Wood Drive, facing east for traffic turning north or south on Trophy
Wood Drive or continuing west on Plaza Drive
127.Southwest corner of the intersection of eastbound Plaza Drive and southbound
Trophy Wood Drive, facing west for traffic turning north or south on Trophy
Wood Drive or continuing east on Plaza Drive.
128.Northeast corner of the intersection of northbound Trophy Branch and eastbound
Plaza Drive, facing south for traffic turning east or west on Plaza Drive.
129.Southeast corner of the intersection of Plaza Drive and T.W. King Road, facing west
for traffic turning north or south on T.W. King Road.
130. Southwest corner of the intersection of Trophy Wood Drive and State Highway
114 Service Road, facing north for traffic turning west onto State Highway 114
Service Road.
C. U-Turns:
1. Prohibited:
a. It shall be unlawful for the driver of any vehicle to turn such vehicle so as to
proceed in the opposite direction or to make a one hundred eighty (180)
degree turn (U-Turn) on any street posted by the Town with a sign or signs
indicating that such a movement is prohibited. U-Turns shall be permitted at
locations where no sign or state law prohibits such turn.
b. It shall be unlawful for the driver of any vehicle to make a U-Turn unsafely,
or by backing or when such turn causes interference with other traffic.
2. Location:
a. U-Turn signs shall be erected at the following locations and such locations are
hereby designated as prohibited U-Turn locations. The prohibited locations of
U-Turns shall be as follows:
(i.) The south end of the median abutting the State Highway 114 service road
and west of 353 Trophy Lake Drive. This prohibition applies only to
traffic north bound.
C.
D. Stoplights. Stoplights shall be erected at the following intersections and such
intersections are hereby designated as stop intersections. An operator of a vehicle facing
only a steady red signal shall stop at a clearly marked stop line. In the absence of a stop
line, the operator shall stop before entering the crosswalk on the near side of the
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intersection, except when directed to proceed by a police officer or traffic control signal.
The stop light intersections and locations of stoplights shall be as follows:
1. At the intersection of Trophy Club Drive and State Highway 114.
2. At the intersection of Trophy Lake Drive and State Highway 114.
E. Compliance. The driver of any vehicle shall obey the instructions of any official
traffic control device, sign, signal or marking applicable thereto placed in accordance
with this Ordinance or other traffic ordinances of the Town, unless otherwise directed by
a police officer, subject to the exceptions herein granted the driver of an authorized
emergency vehicle.
F. Exceptions as to authorized emergency vehicles.
1. The driver of an authorized emergency vehicle, as the term “authorized
emergency vehicle” is defined by §541.201, TEX. TRANSP. CODE (Vernon
1998), when responding to an emergency call or when in the pursuit of an actual
or suspected violator of the law, or when responding to but not upon returning
from a fire alarm, may exercise the privilege set forth in this section, but subject
to the conditions herein stated and subject to other applicable ordinances of the
Town.
2. The driver of an authorized emergency vehicle may:
3. Park or stand, irrespective of the provisions of this or any other ordinance of the
Town;
4. Proceed past a red or stop signal or stop sign, but only after slowing down as may
be necessary for safe operation;
5. Exceed the prima facie speed limits so long as he does not endanger life or
property; and
6. Disregard regulations governing direction of movement or turning in specified
directions.
7. The exemption herein granted to an authorized emergency vehicle shall apply
only when the driver of any such vehicle in motion sounds an audible signal by
bell, siren, or exhaust whistle as may be reasonably necessary, and when the
vehicle is equipped with at least one lighted lamp displaying a red light visible
under normal atmospheric conditions from a distance of at least five hundred
(500) feet to the front of such vehicle, except that an authorized vehicle operated
as a police vehicle need not be equipped with or display a red light from in front
of the vehicle.
G. Display of unauthorized device.
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1. No person shall place, maintain, or display upon or in view of any highway, street
or alley any unauthorized sign, signal, marking, or device, whether one or more
which purports to be or is an imitation of or resembles an official traffic control
device or railroad sign or signal, or which attempts to direct the movement of
traffic, or which hides from view or interferes with the effectiveness of any
official traffic control device or any railroad sign or signal.
2. No person shall place or maintain nor shall any public authority permit upon any
highway, street or alley any traffic sign or signal bearing thereon any commercial
advertising.
3. This subsection (F) shall not be deemed to prohibit the erection upon private
property adjacent to highways, streets or alleys of signs giving useful directional
information and of a type that cannot be mistaken for official signs.
4. Every such prohibited sign, signal or marking is hereby declared to be a public
nuisance, and the Chief of Police or his authorized representative is hereby
empowered to remove the same or cause it to be moved without notice.
H. Interference. No person shall without lawful authority attempt to or in fact alter,
deface, injure, knock down or remove any official traffic control device, sign or signal or
any railroad sign or signal or any inscription, shield, or insignia thereon, or any part
thereof.
I. Manual Operation by School Crossing Guards.
1. The school crossing guards officially designated by the Chief of Police are hereby
invested with the authority to manually operate traffic control signals, pursuant to
§542.202, TEX. TRANSP. CODE ANN. (Vernon 1998), by which traffic is
alternately directed to stop and permitted to proceed.
2. Pursuant to §542.501, TEX. TRANSP. CODE ANN. (Vernon 1998), it shall be
unlawful for any person to willfully fail or refuse to comply with a traffic-control
signal operated by a school crossing guard.
J. Installation and maintenance generally. The Chief of Police, or a person under the
direct supervision and authority of the Chief of Police, shall place and maintain traffic
control signs, signals and devices when and as required under this Ordinance or other
traffic ordinances of this Town to make effective the provision of this Ordinance or other
ordinances, and may place and maintain such additional traffic control devices as he may
deem necessary to regulate traffic under this Ordinance or other traffic ordinances of this
Town or under state law, or to guide or warn traffic.
K. Same-Evidence of authority. It being unlawful for any person other than the Chief
of Police, or a person acting under his supervision and control and pursuant to an
ordinance of the Town, to install or cause to be installed any signal, sign or device
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purporting to direct the use of the streets or the activities on those streets of pedestrians,
vehicles, motor vehicles, or animals, proof, in any prosecution for a violation of this
Ordinance or any traffic Ordinance of the Town, that any traffic control device, sign
signal or marking was actually in place on any street shall constitute prima facie evidence
that the same was installed by the Chief of Police or under his authority and supervision
pursuant to the authority of this Ordinance or of another Ordinance directing the
installation of such device, signal or marking.
L. Emergency signs. Two emergency signs shall be located on Trophy Club Drive.
The sign for northbound traffic shall be located 242 feet south of the intersection of
Trophy Club Drive and Municipal Drive on the east side of Trophy Club Drive. The sign
for southbound traffic shall be located 343 feet north of the intersection of Trophy Club
Drive and Municipal Drive in the center median of Trophy Club Drive.
V.
IMPAIRING VISIBILITY
A. Prohibition. No object or combination of objects, including but not limited to any
structure, fence, wall, screen, hedge, tree, bush, shrub, billboard or mound of earth,
terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot
in such a manner as to create a traffic hazard by obstructing the view of the drivers of
motor vehicles using the streets adjacent thereto.
B. Exceptions. Natural existing terrain which cannot be removed by reasonable
landscaping techniques, including retaining walls constructed below or at the same grade
line of such natural existing terrain, shall be excluded from the objects otherwise
prohibited as stated within Section V.(A).
C. Presumption. An object, or combination of objects, erected, placed, planted or
maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual
line of sight at an elevation between two and one-half (2-1/2) feet above the top of the
adjacent roadway curb and eight (8) feet above the top of the adjacent street curb, or if
there is no curb then from the average street grade, within a triangular area formed by the
intersection of the adjacent street curb lines and a point on each such right-of-way line
thirty-five (35) feet from the intersection, shall be prima facie evidence that said object,
or combination of objects, so erected, placed, planted or maintained is an obstruction
constituting a traffic hazard.
D. Removal. Any object, or combination of objects, place, erected, planted or maintained in
violation of this Ordinance, shall be removed within ten (10) days of receipt of written
notice by certified mail from the Chief of Police or his representative, to the owner, agent
or occupant of the premises where such obstruction has been erected, placed, planted or
maintained.
VI.
PARKING
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A. Definitions. For purposes of this Section VI, the terms below shall mean as follows:
1. “Approved paved surface” means a surface on which off street parking is
permitted as authorized by and set forth in the Town Comprehensive Zoning
Ordinance and other applicable ordinances of the Town.
2. “Recreational vehicle” means self-propelled living quarters equipped or used for
sleeping and eating which may be moved from one location to another over a
public street.
3. “Stand’ or “park” means the halting of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
B. Parking of vehicles prohibited. It shall be unlawful for any person to leave, park
or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or
boat upon the following portions of the specified public streets located within the Town:
1. Indian Creek Drive between its intersection with Trophy Club Drive and Heritage
Court;
2. Along the south bound and west bound lanes of Indian Creek Drive between
Timberline Drive and Hillcrest Court;
3. Trophy Club Drive between its intersection with State Highway 114 and Avenue
Twenty; provided, however, that there shall be excluded from this portion of the
public street that area which lies between median number two and median number
three along Trophy Club Drive and adjacent to the Town information/map sign
(the said area being located approximately one-fourth mile from the intersection
of Trophy Club Drive and State Highway 114), and which area is designated and
marked by striping or otherwise as a parking area where vehicles may park, stop
or stand for no more than five (5) minutes for the purpose of reviewing the said
information/map sign;
4. Trophy Lake Drive;
5. Along the south side of the entire length of Fairway Village Drive; and
6. Along the south side of the entire length of Summit Cove Drive.
7. Along the East Side of Parkview Drive from Durango Drive to Marshall
Creek Road between the hours of 7:00 A.M. and 9:30 A.M. and between the
hours of 2:30 P.M. and 4:30 P.M. on school days.
C. Parking on unapproved surface. A person commits an offense if he stops, stands
or parks a motor vehicle on a lot, unless the vehicle is on an approved paved surface.
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D. Exception for emergency vehicles. All emergency vehicles shall be exempt from the
restrictions as set forth in subsection (B) and (C) hereof. Emergency vehicles shall
include ambulances, fire trucks and equipment, police vehicles and all governmental
vehicles used for necessary governmental purposes.
E. Overnight parking.
1. Prohibition. It shall be unlawful for any person to stand or park any motor
vehicle, trailer, mobile home, motor home or boat along or upon any public
highway, street, alley or other public right-of-way located within the Town
between the hours of 3:00 a.m. and 5:00 a.m. each day. This prohibition shall not
be applicable to any motor vehicle which is being used for emergency purposes,
to the operation of any motor vehicle being used by a utility company for repair
purposes, or to any governmental vehicle being used for necessary governmental
purposes.
2. Authority to park with permit; out of town guests. Any person who desires to
stand or park a vehicle upon a public highway, street, alley or other public
right-of-way between the hours of 3:00 a.m. and 5:00 a.m. may purchase a permit
authorizing the same from the Permit Department, provided there are four (4)
three (3) or more vehicles in the household of the person requesting the permit.
One permit shall be issued for each vehicle for which a permit is requested, which
permit shall be permanently affixed to the left side of the back (rear) window so
that it is plainly visible to a person standing outside of the vehicle, or if there is no
back (rear) window, in a place where the said permit is plainly visible. Each
permit shall be a non-transferrable permit issued to the individual who owns the
vehicle that will be parked on the public highway, street, alley or other public
right-of-way. The permit shall remain in effect until the vehicle is sold or
otherwise transferred to a third party. The annual renewal fee, is ten dollars
($10.00) per vehicle permit. At the time of sale or transfer of the vehicle, such
permit shall be void. A fee of one hundred fifty dollars ($150.00) per vehicle
shall be charged for the issuance of a permit for the third household vehicle. A
fee of fifty ($50.00) shall be charged for the issuance of a permit for the fourth
vehicle.
It shall not be a violation of this Ordinance for a nonresident of the Town, while
visiting a resident of the Town, to park or stand a vehicle owned or controlled by
the non-resident on a public street, highway or other public right-of-way between
the hours of 3:00 a.m. and 5:00 a.m., provided that notice of such parking or
standing is given to the Chief of Police or the Permit Department designee by no
later than 5:00 p.m. of the immediately previous day. Such parking or standing
shall not exceed seven (7) consecutive days nor a total of fourteen (14) days in
any one calendar month.
Any vehicle parked as permitted by this section shall be parked directly in front of
the residence being visited in such a manner as not to obstruct access to the
private driveways of neighboring residents.
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F. Presumption. It is presumed that the registered owner of an unattended or unoccupied
vehicle parked, stopped or standing in violation of this Ordinance illegally parked such
vehicle. The records of the State Highway Department or the County Highway License
Department showing the name of the person to whom the State highway license was
issued is prima facie evidence of ownership by the named individual.
G. Parking for handicapped persons.
1. The Town of Trophy Club or any private property owner within the Town, who
voluntarily designates a parking space or area specifically for a person who is
disabled by reason of mobility problems that substantially impairs the person’s
ability to ambulate or who is legally blind, must post a sign that conforms to the
design established and approved by the State Department of Highways and Public
Transportation and the space or spaces provided must conform to the width
requirements set by the Department.
2. Any vehicle displaying a symbol, table, or other device authorized by the State
Department of Highways and Public Transportation and issued to the operator
thereof for use in transporting a disabled person, when operated by or for the
transportation of such disabled person, shall be allowed to park for unlimited
periods in any parking space or parking area designated specifically for the
physically handicapped. Such vehicle, being properly marked as provided by
such statute, is exempt from the payment of fees or penalties imposed by any
ordinance of the City for parking at a meter or in a space with a limitation on the
length of time for parking, unless the vehicle was not parked at the time by or for
the transportation of a disabled person. This exemption does not apply to fees or
penalties imposed by a branch of the Unites States Government. This section
does not permit parking a vehicle at a place or time that parking is prohibited.
3. A person commits an offense if the person is neither temporarily or permanently
disabled nor transporting a temporarily or permanently disabled person and parks
a vehicle with such special device or displaying a temporarily disabled person
identification card in any parking space or parking area designated specifically for
the disabled. A person commits an offense if the person parks a vehicle neither
displaying the special device nor displaying a temporarily disabled person
identification card in a parking space or parking area designated specifically for
the disabled. An offense under this section is punishable by a fine of not less than
Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).
H. Parking prohibited in specified places. Except where necessary to avoid conflict
with other traffic, or in compliance with law or the direction of a police officer or
official traffic control device, no person shall stop, stand or park a vehicle:
1. Between a safety zone or fire lane and the adjacent curb or within thirty (30) feet
of points on the curb immediately opposite the ends of a safety zone, unless a
different length is indicated by signs or markings.
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2. Adjacent to a fire hydrant within ten (10) feet of points on the curb directly
adjacent to a fire hydrant, unless a different length is indicated by signs or
markings
VII.
OVERWEIGHT VEHICLES
A. Weights and loads of vehicles; special permits.
1. Prohibition. Except as otherwise provided by law, no person may drive, operate,
or move, nor may the owner cause or permit to be driven, operated or moved, on
any street, any vehicle or vehicles of a weight exceeding the limitations stated in
this Section VII, or transport thereon any load or loads exceeding the weight
prescribed in this Section VII.
Permit; fee. The Town Council may issue permits limited to periods of ten (10)
days or less for the transportation over Town streets of overweight commodities
which cannot be reasonably dismantled or for the operation over the Town streets
of superheavy equipment for the transportation of overweight commodities which
cannot be reasonably dismantled.
A permit fee of $50.00 shall be charged for each vehicle transporting over Town
streets overweight commodities which cannot be reasonably dismantled or for the
operation over Town streets of superheavy equipment for the transportation of
overweight commodities which cannot be reasonably dismantled. The owner or
operator of such vehicles may apply to the Permit Department for said permit.
Each permit shall contain the name of the owner or operator of the vehicle, the
weight which the vehicle is carrying, the vehicle identification number, and any
other information deemed necessary by the Town Council. The Town Council
shall designate the route within the Town to be used by said vehicles operating
over the Town streets.
B. Weight of load.
1. Except as otherwise provided by law, no commercial motor vehicle, truck-tractor,
trailer or semi-trailer, nor combination of such vehicles shall be operated over, on
or upon Town streets, having a weight in excess of one or more of the following
limitations:
(a) No such vehicle nor combination of vehicles shall have a greater weight
than twenty thousand (20,000) pounds carried on any one axle, including
all enforcement tolerances; or with a tandem axle weight in excess of
thirty-four thousand (34,000) pounds, including all enforcement
tolerances; or with an overall gross weight on a group of two or more
consecutive axles produced by application of the following formula:
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W=500((LN/(N-1)) + 12 + 36
where W = overall gross weight on any group of two or more consecutive
axles to the nearest 500 pounds, L = distance in feet between the extreme
of any group of two or more consecutive axles, and N = number of axles
in group under consideration, except that two consecutive sets of tandem
axles may carry a gross load or 34,000 pounds each providing the overall
distance between the first and last axles of such consecutive sets of tandem
axles is thirty-six (36) feet or more; provided that such overall gross
weight may not exceed eighty thousand (80,000) pounds, including all
enforcement tolerances.
(b) No such vehicle nor combination of vehicles shall have a greater weight
than six hundred (600) pounds per inch width of tire upon any wheel
concentrated upon the surface of the Town street and using high-pressure
tires, and a greater weight than six hundred and fifty (650) pounds per inch
width of tire upon any wheel concentrated upon the surface of the highway
and using low-pressure tires, and no wheel shall carry a load in excess of
eight thousand (8,000) pounds on high-pressure tires and ten thousand
(10,000) pounds on low-pressure tires, nor any axle a load in excess of
sixteen thousand (16,000) pounds on high-pressure tires, and twenty
thousand (20,000) pounds on low-pressure tires.
(c) In this subsection, an axle load is defined as the total load transmitted to
the road by all wheels whose centers may be included between two (2)
parallel transverse vertical planes forty (40) inches apart, extending across
the full width of the vehicle. Tandem axle group is defined as two (2) or
more axles spaced forty (40) inches or more apart from center to center
having at least one (1) common point of weight suspension.
2. No person shall load, or cause to be loaded, a vehicle for operation on the Town
streets with the intent to violate the weight limitations in subsection B.(1) of this
Section VII. Intent to violate those limitations is presumed if the loaded vehicle
exceeds the applicable gross vehicular weight limit by 15 percent or more. This
subsection B.(2) does not apply to the loading or causing to be loaded of an
agricultural or a forestry commodity prior to the processing of the commodity.
3. The load limits established by this subsection B. shall be posted by appropriate
signs within the Town by the Chief of Police or his designated representative
prior to the enforcement of any of the provision hereof.
C. Application for registration to show weight and maximum load; license receipt;
penalty for violation. When any person, firm or corporation desires to operate over any
Town street any vehicle that cannot comply with one or more of the weight restrictions
contained in this Section VII, the Permit Department may, as an alternative to any other
procedure authorized by law, upon application issue a permit for the movement of such
32
vehicle, when the Permit Department is of the opinion that the same may be moved
without material damage to the street or road.
Upon application for a permit for any commercial motor vehicle, truck-tractor, trailer or
semi-trailer, the applicant shall deliver to the Permit Department an affidavit, duly sworn
to before an officer authorized to administer oaths, showing the weight of said vehicle,
the maximum load to be transported thereon, and the total gross weight for which said
vehicle is to be permitted; which affidavit shall be kept on file by the Permit Department.
The permit issued to the applicant shall also show the total gross weight for which said
vehicle is registered. A copy of said receipt shall be carried at all times on any such
vehicle while the vehicle is upon the Town streets.
The copy of the permit above required shall be admissible in evidence in any cause in
which the gross registered weight of such vehicle is an issue, and shall be prima facie
evidence of the gross weight for which such vehicle is permitted. Such copy of the
permit shall be displayed to any officer authorized to enforce this Ordinance, upon
request by such officer.
The Chief of Police shall formulate rules and regulations regarding issuance of permits
including, but not limited to, the forms and procedures to be used in applying for same;
whether a particular permit shall be for one trip only, or for a period of time; and such
other matters as the Chief of Police may deem necessary to carry out the provisions of the
Section. The failure of an owner or his representative to comply with any rule or
regulation of the Chief of Police or any condition placed on his permit shall render the
permit void and, immediately upon such violation, any further movement over the Town
streets of the overweight vehicles shall be in violation of existing laws regulating the
weight of vehicles on Town streets.
The movement of such overweight vehicles is a privilege not accorded to every user of
the Town streets. Therefore, the fees for a special transportation permit should be
sufficient to cover the administrative costs incurred in the processing and issuing of the
permit and the additional wear on the Town’s streets. It is also recognized that the use of
such overweight vehicles on the Town’s streets may inconvenience other vehicle
operators. It is, therefore, declared to be the policy of the Town Council that in
formulating such rules and regulations and in establishing such fees, the Town Council
shall consider and be guided by:
1. The Town’s investment in its streets;
2. The safety and convenience of the general traveling public;
3. The suitability of roadways and sub-grades on the streets, variation in soil grade
and the seasonal effect on street load capacity.
D. Liability. The issuance of a permit for an overweight movement shall not be a guarantee
by the Town that the streets can safely accommodate such movement, and the owner of
any vehicle involved in any overweight movement, whether with or without permit, shall
33
be strictly liable for any damage such movement shall cause the streets or any of its
structures or appurtenances.
E. Motor vehicle, solid waste transport, weight limitations. Vehicles used exclusively to
transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal
Act, §361.003, TEX. HEALTH & SAFETY CODE ANN. (Vernon 1998), may be
operated upon the Town streets with a tandem axle gross load not to exceed 44,000
pounds, a single axle gross load not to exceed 20,000 pounds and a gross load for the
vehicle not to exceed 64,000 pounds, provided that where the vehicle is to be operated
with a tandem axle gross load in excess of 34,000 pounds, the owner, except if the owner
is a municipality, of such vehicle shall first file with the State Department of Highways
and Transportation a surety bond in the principal sum not to exceed $15,000 for each
vehicle, which sum shall be set by the State Department of Highways and Transportation;
said bond to be conditioned that the owner of such vehicle will pay to the Town, within
the limit of such bond, all damages done to the Town streets by reason of the operation of
such vehicle with a tandem axle gross load in excess of 34,000 pounds.
F. Weight of vehicles transporting ready-mix concrete. Vehicles used exclusively to
transport ready-mixed concrete, which is hereby defined as a perishable product, may be
operated upon the public streets of the Town with a tandem axle load not to exceed
44,000 pounds, a single axle load not to exceed 20,000 pounds and a gross load not to
exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem
axle load in excess of 34,000 pounds, the owner of such vehicle shall first file with the
Town a surety bond in the principal sum as fixed by the Town, which sum shall not be set
at a greater amount than $15,000 for each vehicle, said bond to be conditioned that the
owner of such vehicle will pay to the Town of Trophy Club, within the limit of such
bond, all damages done to the Town streets by reason of the operation of such vehicle
with a tandem axle load in excess of 34,000 pounds; such bond shall be subject to the
approval of the Town Council.
G. Weighing loaded vehicles by police officers. Any police officer having reason to
believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is
authorized to weigh the same by means of portable or stationary scales furnished or
approved by the Texas Department of Public Safety, or cause the same to be weighed by
any public weigher, and to require that such vehicle be driven to the nearest available
scales for the purpose of weighing. In the event the gross weight of such vehicle is found
to exceed the maximum gross weight authorized by law, plus a tolerance allowance of
five percent (5%) of the gross weight authorized by law, such police officer shall demand
and require the operator or owner thereof to rearrange his cargo if possible to bring such
vehicle and load within the maximum axle load authorized by law, and if this cannot be
done by rearrangement of said cargo, then such portion of the load as may be necessary
to decrease the axle load to the maximum authorized by law plus such tolerance
allowance shall be unloaded before such vehicle may be operated further over the public
roads of the Town. Provided, however, that if such load consists of livestock, then such
operator shall be permitted to proceed to destination without being unloaded, provided
the destination be within the State of Texas.
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It is further provided that in the event the gross weight of the vehicle exceeds the
permitted gross weight, the police officer shall require the operator or owner thereof to
apply to the Permit Department for a permit in an amount that will cause his gross
permitted weight to be equal to the gross weight of the vehicle, provided such total
permitted weight shall not exceed the legal gross weight allowed for such vehicle, before
such operator or owner may proceed. Provided, however, that if such load consists of
livestock or perishable merchandise then such operator or owner shall be permitted to
proceed with his vehicle to the nearest practical point in the direction of his destination
where his load may be protected from damage or destruction in the event he is required to
secure an additional permit before being allowed to proceed. It shall be conclusively
presumed and deemed prima facie evidence that where an operator or owner is
apprehended and found to be carrying a greater gross load than that for which he is
permitted, he has been carrying similar loads from the date of purchase of such permit.
It is further provided that all forms and accounting procedures necessary to carry out
the provisions of this section shall be prescribed by the Town Council.
VIII.
SAVINGS AND REPEALER CLAUSE
That this Ordinance shall be cumulative of all other ordinances of the Town affecting traffic
control and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances are in direct conflict with the provisions of this Ordinance;
provided, however, that Section VI (E)(2) of Ordinance Nos. 2004-01 and 2004-09. 2005-26 is
hereby repealed amended as specifically provided in this Ordinancein its entirety, but provided
that any complaint, action, cause of action or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to such repealed amended
Ordinance Nos. 2004-01 and 2004-09 2005-26 shall continue to be governed by the provisions of
that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full
force and effect.
IX.
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its
application 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 the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
X.
PUBLICATION CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty
Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
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XI.
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 of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
XII.
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 and Effective Date clause in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication as
required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 3rd 1st day of October May, 20056.
____________________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
_________________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
_________________________________
Town Attorney,
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding the adoption of an ordinance
regulating outside storage and display.
(kcf)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-____
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING REGULATIONS RELATING TO OUTDOOR STORAGE;
PROVIDING FOR THE INCORPORATION OF PREMISES;
ESTABLISHING DEFINITIONS; PRESCRIBING OUTDOOR
STORAGE/DISPLAY REGULATIONS; PROVIDING REGULATIONS
FOR PORTABLE HOME STORAGE UNITS; PROVIDING A
CUMULATIVE REPEALER; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENCE 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 (hereinafter referred to as “Town”) is a home
rule municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution; and
WHEREAS, outdoor storage and display on properties designated for commercial uses is
regulated by the terms and conditions of the Zoning Ordinance; and
WHEREAS, outdoor storage and display in residential districts is not currently regulated under
Town Ordinance; and
WHEREAS, the Town Council finds it necessary to prescribe regulations relating to outdoor
storage and display, specifically related to residential districts, in order to maintain the current
aesthetic excellence of the Town of Trophy Club; and
WHEREAS, the Town Council is of the opinion and finds that such regulations would not be
detrimental to the public health, safety, or general welfare, but rather will promote and maintain
the best and most orderly development of the properties affected thereby.
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.
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DEFINITIONS
Outdoor Storage/Display: The keeping, displaying, maintaining, or storing of any new or used
goods, materials, merchandise or equipment on a lot, tract, or parcel of land that is not within a
structure or behind an appropriate screen for periods longer than two (2) consecutive days per
month.
Portable Home Storage Unit or POD: The use of the term Portable Home Storage Unit or
POD shall mean:
(a) Any assembly of materials which is so designed, constructed or reconstructed to
make it portable and capable of movement from one site to another, designed to be
used without a permanent foundation, designed with the purpose of storing tangible
property and not for occupancy by persons, and to have one dimension exceeding ten
feet (10’); or
(b) Any container, storage unit, shed-like container or other portable structure that can or
is used for the storage of personal property of any kind and which is located for such
purposes outside an enclosed building other than an accessory building or shed
complying with all building codes and land use requirements.
Residential District or Residential Use: An area designated for use and designed to
accommodate single family, multi-family, town home, condominium or other living uses for
single family or multi-family dwelling.
SECTION 3.
OUTDOOR STORAGE/DISPLAY REGULATIONS
A. It shall be unlawful for any person, whether owner or tenant of property in a residential
district designated for residential use to allow outdoor storage or outdoor display of the
following items visible from public right-of-way for longer than two (2) consecutive days
per month, which are not appropriately screened in accordance with Section 4 of this
Ordinance:
1. Clothes hanging from balconies, patios or other projecting overhangs.
2. Clothes hanging from clothes lines.
3. Play equipment, toys, bicycles, and other similar items.
4. New, broken, discarded, abandoned or inoperable property, including but not limited to
household furnishings, appliances, boxes, cartons, lawn maintenance equipment,
landscaping supplies, machines, tools, exercise equipment and other items.
5. Automotive equipment, including but not limited to machinery, parts and tires.
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6. Household furnishings not designed for outdoor use.
7. Exterior appliances, including but not limited to utility and mechanical
equipment.
SECTION 4.
OUTDOOR STORAGE/DISPLAY SCREENING
A. Except as otherwise specifically provided, screening shall be provided in accordance with
the following regulations:
1. Residential Districts may have outdoor storage/display, but such outdoor
storage/display shall be screened from the public view and shall comply with the
screening requirements set out in this Ordinance. Compliance with the screening
requirements of this Ordinance notwithstanding, this Ordinance shall not be
construed as authorizing screened storage which creates, causes or allows to be
maintained a nuisance or other condition detrimental to public health safety and
welfare or which violates any other ordinance of the Town.
2. Screening Requirements for Open Storage in Residential Districts:
a. All outdoor storage/display shall be screened from as required herein so
that it cannot be viewed from public right-of-way.
b. Screening shall be a minimum of six feet (6’) in height and a maximum of
eight feet (8’) in height, except as provided by Section 3 below; and
(i) Be of wood or masonry construction; or
(ii.) Be constructed of ornamental fencing in combination with a
landscape screen; or
(iii.) Be constructed of a solid, evergreen shrub landscape screen
without a fence or wall.
(iv.) Evergreen shrubs used for a landscape screen shall be placed so as
to create at least a six-foot (6’) tall solid screen within two (2)
years of their installation along the length of the stored material.
All landscaping shall be irrigated and maintained in a healthy and
growing condition.
(v.) Screening may not be constructed of chain link with slats.
3. Outdoor storage/display screening must completely conceal the outdoor
storage/display except in the case where newly planted evergreen shrubs which
will serve as a required landscape screen at maturity, have been placed so as to
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produce a solid six foot (6’) screen, provided that such shrubs must completely
screen the outdoor storage/display within two (2) years of installation.
4. The screening requirements of this Subsection shall also apply to the use of semi-
trailers, storage vaults, shipping containers, or other vehicles for storage purposes.
5. Balcony Screening: Outdoor storage/display must be completely enclosed in a
storage unit for balconies facing or viewable from public rights-of-way.
SECTION 5.
Portable Home Storage Units
A. Permit Requirements, Application, Insurance and Fee:
1. It shall be unlawful for a person to place or maintain a PODS unit on his or her
property without a valid permit.
2. Before placing a PODS unit on his or her property, a person shall submit an
application with a site plan designating the location of the PODS unit and obtain a
permit from the Town. An insurance certificate providing liability insurance in the
amount of $100,000 provided by the company supplying the PODS unit must
accompany the application. There is a fee of $25 for a thirty (30) day permit.
B. Duration:
1. Permits shall be granted for a period of thirty (30) days. Only one (1) permit shall
be issued per calendar year. At the expiration of the (30) thirty-day period,
applicants may seek to extend their permits for an additional thirty (30) days by
filing a request for permit extension. Extension of a permit shall cost $50 for the
additional thirty (30) day period. Only one thirty (30) day extension shall be
allowed.
C. Location:
1. PODS units are prohibited from being placed in streets or in the front yard of a
property on a surface other than an improved surface made of materials as
specified in the Town’s Ordinances. PODS units shall be kept in the driveway of
the property at the furthest accessible point from the street as shown on a site plan
submitted with the permit application. PODS shall only be placed on improved
off-street surfaces as specified herein.
D. Number and Size of Units:
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1. Only one (1) PODS unit may be placed upon any residential property at one
time and the size of the unit shall not exceed ten feet (10’) in width or twenty
feet (20’) in length.
E. Safety:
1. It shall be the obligation of the owner or user of the PODS unit to secure it in
a manner that does not endanger the safety of persons or property in the vicinity of
the unit.
SECTION 6.
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 7.
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 8.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to any
and all violations of the provisions of any Ordinances regulating outdoor storage/display have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 9.
PENALTY
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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 Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 10.
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 11.
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 12.
EFFECTIVE DATE
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 1st day of May, 2006.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
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APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an interlocal agreement between the
Town and the Master District for payment of the costs of construction of the
maintenance building shared by the Water Department and the Parks and
Recreation Department.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1.Agreement
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INTERLOCAL COOPERATION AGREEMENT
PAYMENT CONTRIBUTION AGREEMENT
JOINT STORAGE AND MAINTENANCE BUILDING
THIS AGREEMENT is made and entered into this __________ day of ___________,
2006, by and between the Town of Trophy Club, a home rule municipal corporation (hereinafter
referred to as “Town”) and Trophy Club Master District, a joint venture of Trophy Club
Municipal Utility Districts No. 1 and No. 2 (hereinafter, the “Master District”).
W I T N E S S E T H :
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding
governmental functions and services as set forth in the Act;
WHEREAS, both the Town and the Master District are governmental entities
entrusted with the expenditure of public funds and both are interested in efficiently and
effectively managing public assets; and
WHEREAS, Pursuant to the terms of a contract with Satterwhite Construction,
LLC and an amendment thereto, the Master District has erected a storage and
maintenance building adjacent to the existing Wastewater Treatment Plant at a total
cost of $158,200 (hereinafter “Building”); and
WHEREAS, the Building is being constructed on property located at 100
Municipal Drive and belonging to the Master District, a District created pursuant to
Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54
(hereinafter “Property”); and
WHEREAS, it is the intent of both the Town and Master District to house their
respective equipment utilized in the performance of governmental functions in the
Building; and
WHEREAS, in order to finance the construction of the Building, the Master
District proposes to pay in advance the entire cost of the Building; and
WHEREAS, the Town and the Master District have agreed to share equally the
cost of the Building; and,
WHEREAS, the parties recognize the efficiencies and cost savings realized by
each of them respectively through this collaborative effort; and
NOW THEREFORE, Town and Master District for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
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I.
Incorporation / Term
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.02 Term. This Agreement shall become effective upon the occurrence of both of
the following events: (1) approval by each of the respective governing bodies of
Town and Master District and upon execution by their respective authorized
representatives, provided that the identical version of this Agreement between
the Town and Master District is approved by each of the respective governing
bodies of those entities and executed by their respective authorized
representatives and (2) upon completion of the Building and payment by the
Master District of the entire cost of construction as specified herein. This
Agreement shall remain in effect for a term of one (1) year, and such one (1) year
initial term shall automatically renew annually for a total of thirteen (13) terms of
one (1) year each, unless terminated by either party as provided herein.
II.
Obligations and Rights of the Parties
2.01 Master District Obligations and Rights:
A. In order to finance the Building, the Master District shall pay in advance the
entire cost of the Building at an amount not to exceed $158, 200.00.
B. Master District shall own one hundred percent (100%) of the Property.
C. The Master District shall own a fifty percent (50%) interest in the Building. The
Master District and the Town shall be co-tenants, and Master District shall
have use of the Building to house its equipment. Apportionment of the use of
the Building shall be as agreed upon by the Town Manager and MUD
Manager.
D. The Master District shall pay fifty percent (50%) of the annual cost of
maintenance, repair and operation of the Building for the entire term of this
Agreement and all renewals thereof.
2.02 Town Obligations and Rights:
A. The Town shall pay to the Master District the sum of $79,100 on the following
terms: On the date of the completion of the building, $7,000 cash, and the
execution by the Town in favor of the Master District of a promissory note in the
principal sum of $72,100, bearing that date, payable over a 13-year period in
equal annual installments of principal, plus interest, calculated and adjusted
annually, based first on the rate of interest which Texpool is paying upon its
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deposits on the date of the said note and subsequently on the rate being paid by
Texpool on the anniversaries thereof.
B. The Town shall have unlimited use of the Building to house its equipment.
C. The Town shall own a fifty percent (50%) interest in the Building. The Town and
Master District shall be co-tenants, and Town shall have use of the Building to
house its equipment. Apportionment of the use of the Building shall be as
agreed upon by the Town Manager and MUD Manager.
D. The Town shall pay fifty percent (50%) of the annual cost of maintenance, repair
and operation of the Building for the entire term of this Agreement and all
renewals thereof.
III.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is found in
the cross promises set forth above and other good and valuable consideration as
specified herein. Town’s agreement to pay Master District as specified in
Paragraph 2.02 above is provided in exchange for Master District’s agreement to
comply with the terms specified in Paragraph 2.01 above. All payments made
hereunder shall be made from current revenues legally available to the paying
party. Each party further agrees that it is fairly compensated for the services or
functions performed by it under the terms of this Agreement.
IV.
Assets
4.01 Ownership. The Property currently owned by Master District shall remain under
the exclusive ownership of Master District and no term or provision of this
Agreement shall affect Master District’s right, title or interest to such
Property. Each party shall own its undivided one-half interest in the
Building. Additionally, in the event that either party funds additional
improvements to the Building, all right, title and interest to such additional
improvements shall be fully vested in the party providing such funds. This
Agreement shall not be construed as creating any right, title or interest to
any asset owned individually by either party hereto where such asset was
purchased with funds solely provided by such party. This Agreement
shall not be deemed to convey to either party any interest in any
equipment or other contents of the Building owned by the other party
hereto. In the event of joint purchases of assets, each party shall own a
percentage of such assets based upon the ratio of the amount of money
contributed toward the purchase relative to the total cost of the item.
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4.02 Ownership Upon Termination / Acceleration. Upon termination of this
Agreement, each party shall retain ownership of assets purchased with its
respective funds and of its respective interest in the Property and Building as
specified in this Agreement. Upon such termination, one party may, upon the
written consent of the other party, purchase such other party’s interest in the
Property or Building. As consideration for the joint use of the Property and
Building, the parties hereto have entered into this Agreement in reliance upon the
continued performance by the other party of its obligations hereunder; therefore,
if the Town terminates this Agreement prior to the full payment of its obligation
as specified herein, the Town shall pay its pro rata share of the amount due
hereunder in a lump sum amount to the other party.
V.
Insurance
Town shall obtain and maintain insurance sufficient to cover the loss of the Building and
its contents due to fire, wind, storms and all other casualty losses. The Master
District shall pay fifty percent (50%) of the cost of such insurance and the Town
shall pay fifty percent (50%) of the cost of such insurance.
VI.
Immunity
The fact that Town and Master District accept certain responsibilities relating to the
Building which is the subject of this Agreement as part of their responsibility for
providing governmental services for the public health and welfare makes it
imperative that the performance of their respective obligations be recognized as a
governmental function and that the doctrine of governmental immunity shall be,
and it is hereby, invoked to the extent possible under the law. Neither Town nor
Master District waives any immunity or defense that would otherwise be available
to it against claims arising from the exercise of governmental powers and
functions.
VII.
Default / Termination
7.01 In the event that either party hereto breaches any term or condition of this
Agreement, this Agreement may be terminated by the aggrieved party if such
default is not cured within a period of ten (10) days after receipt of written notice
of default by the party allegedly in breach of its obligations hereunder. At the
option of the aggrieved party, if such default is not cured within the ten (10) day
period, this Agreement shall immediately terminate without further notice and the
breaching party shall be liable for payment of all costs as specified in Paragraph
IV and the costs of collection, including attorneys fees.
7.02 Notwithstanding the foregoing, this Agreement may be terminated at any
time without cause by either party giving sixty (60) days advance written notice to
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the other party. The terminating party shall be liable for payment of all costs as
specified in Paragraph IV and the costs of collection, including attorneys’ fees.
VIII.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and
Master District and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both parties.
IX.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms
and provisions, including but not limited to the rights and duties of the parties
hereto, and exclusive venue shall be in Denton County, Texas.
X.
Severability
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain
valid and in full force and effect to the extent possible.
XI.
Non-Waiver
All rights, remedies and privileges permitted or available to either party under this
Agreement or at law or equity shall be cumulative and not alternative, and election of any
such right, remedy or privilege shall not constitute a waiver or exclusive election of
rights, remedies or privileges with respect to any other permitted or available right,
remedy or privilege. Additionally, one instance of forbearance by the either party in the
enforcement of any such right, remedy or privilege against the other party shall not
constitute a waiver of such right, remedy or privilege by the forbearing party. A default
by either party under this Agreement shall not result in a forfeiture of any rights,
remedies, or privileges under this Agreement by such defaulting party.
XII.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement
on behalf of the parties hereto and each party hereby certifies to the other that any
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necessary resolutions extending such authority have been duly passed and are
now in full force and effect.
EXECUTED in duplicate originals this the _____ day of ________________,
2006.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MASTER DISTRICT
By____________________________ By_________________________
Nick Sanders, Mayor Kevin Carr, President
ATTEST: ATTEST:
______________________________ ___________________________
Town Secretary Master District Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ ___________________________
Town Attorney Master District Attorney
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ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
________________, 2006 by Nick Sanders, Mayor, Town of Trophy Club, Texas, on
behalf of such entity.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
__________________, 2006 by Kevin Carr, President of the TROPHY CLUB
MASTER DISTRICT, on behalf of such district.
________________________________
Notary Public in and for the
State of Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.D.4
Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for
resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for
Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore
Drive and consideration of improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development
Agreement for Eagles Ridge Phase II.
Discuss and take appropriate action regarding joint participation with area
cities in an engineering study to evaluate the feasibility of contracting with an
additional wholesale water supplier. (May 15, 2006)
Payment Agreements with Master District for municipal annex and
maintenance building.
Discuss and take appropriate action regarding revisions to the Purchasing
Polices. (May 15, 2006)
Amendment to the Traffic Ordinance to include a new U-turn. (May 15,
2006)
Codification of ordinances. (May 15, 2006)
Canvass of May 13, 2006 Elections and Oaths of Office. (May 22, 2006)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-1-2006
Subject: Agenda Item No.F.1
Adjourn.